THE SOVEREIGN POWER OF PARLIAMENTS and KINGDOMS: Divided into FOUR PARTS. Together with AN APPENDIX: Wherein the Superiority of our own, and most other Foreign Parliaments, States, Kingdoms, Magistrates, (collectively considered,) over and above their lawful Emperors, Kings, Princes, is abundantly evidenced, confirmed by pregnant Reasons, Resolutions, Precedents, Histories, Authorities of all sorts; the contrary Objections re-felled: The Treachery and Disloyalty of Papists to their Sovereigns, with their present plots to extirpate the Protestant Religion demonstrated; And all material Objections, Calumnies, of the King, his Counsel, Royalists, Malignants, Delinquents, Papists, against the present Parliaments proceedings, (pretended to be exceeding Derogatory to the King's Supremacy, and Subjects Liberty) satisfactorily answered, refuted, dissipated in all particulars. By WILLIAM PRYNNE, Utter-Barrester, of Lincoln's Inn. Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free, and be not entangled again with the yoke of bondage. Psalm. 2. 10, 11. Be wise now therefore Oye Kings, be instructed ye judges of the earth: serve the Lord in fear, and rojoyce with trembling. It is this second day of August, 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing, that this Book Entitled, The Sovereign power of Parliaments and Kingdoms, etc. be Printed by Michael Spark signior. john White. Printed at London for Michael Spark Senior. 1643. TO THE Right Honourable Lords & Commons, Assembled in, and continuing Constantly with this present PARLIAMENT, both in Person and Affection. ETernally Renowned Senators, and most cordial Philopaters' to Your bleeding, dying dearest Country, (from which no menacing Terrors, of armed Adversaries, nor flattering Promises of hypocritical Court-friends, could hitherto divorce your sincerest Affections, and withdraw your undefatigablest Industries in the least degree, to its betraying, or enslaving;) I here humbly prostrate to your most mature judgements, and recommend to your Highest, Noblest Patronage, this Quadruple Discourse, OF THE SOVEREIGN POWER OF PARLIAMENTS AND KINGDOMS, (now at last compacted into one entire Body, though formerly scattered abroad in dismembered Parts, rather out of necessity to gratify others, than conveniency to content myself,) in which as Your Honours have the greatest Interest, so it is just and equal You should enjoy the absolutest Propriety: being compiled by Your Encouragement, Printed by Your Authority; published for Your justification, to vindicate your indubitable ancient Sovereign Privileges from the unjust Detractions; Your legal necessary late Proceedings, from the malicious, false, unjust Aspersions of those Royalists, Malignants, intemperate Pens & Tongues, a 2 Pet 2. 12, 14, 15. Who like natural bruit beasts, made to be taken and destroyed, speak evil of the things they understand not, and shall perish in their own corruption: Cursed children, who have forsaken the right way, and are gone astray, following the way of Balaam the son of Bosor, who loved the wages of unrighteousness; but was rebuked for his iniquity. I must ingenuously confess, that the Subject matter, and grand public Differences between King & Parliament (yea between most Kings and Kingdoms in the world) herein debated, are of such an extraordinary, rare, transcendent nature; of such infinite, universal consequence, weight, concernment, yea so full of dangerous Precipes, Rocks, if not inextricable difficulties on either hand, as might justly require, not only one person of the exquisitest judgement, Heroicallest Spirit, greatest experience, deepest Policy, absolutest abilities, vastest knowledge in all kinds of Learnings, States, Governments; and most exempt from all other employments, that might interrupt him in these kinds of Studies; but even an whole Parliament, or Ecumenical Council of the most experienced, ablest, learnedest, wisest Statists in the Universe, and many years most advised consideration, exactly to ventilate and determine them: Which consideration might have justly daunted, yea quite deterred me, (the meanest of ten thousand, furnished with no competent abilities, and having scarce one vacant hour, but what I have borrowed from my natural rest, to accomplish so vast an undertaking) from this most difficult, weighty, public, service, sufficient to sink the strongest Hercules, if not Atlas himself, the world's supporter: But yet the Goodness, the Commonness of the Cause, (which concerns our whole three Kingdoms, Parliaments, Religion, and every one of our well-beings, in this present world) the dear affection, I bear to my native Country, Religion, Posterity, Parliaments, and your Honours; the defect of other Advocates to plead this public Cause; seconded with the private earnest entreaties (which were as so many Commands to me) of some Members of Your Honourable Assembly, to undertake this weighty task, & their authorising my rude Collections for the Press, were such strong exciting engagements to me to undertake this difficult employment, that I chose of two extremes, rather to discover mine own insufficiency in an impotent speedy discharge of this great service, so far transcending my weak endowments; than to show any want of sincerity or industry in deserting this grand Cause in a time of need. It being one chief Article of my belief, ever since I first read the Scriptures, and Tully's Offices; That I was principally born for my Country's good (next to God's glory involved in it;) Upon which ground I have ever bend all my Studies to promote it what I might, though to my particular loss and disadvantage. The sole end I aim at in these Treatises, is the re-establishment of my bleeding, expiring Countries endangered Liberties, Privileges, Rights, Laws, Religion, the curing of her mortal wounds, the restauration of her much desired Peace, in truth and righteousness, the supportation of Parliaments (the only Pillars, Bulwarks of our Church, State, Laws, Liberties, Religion) in their perfect lustre, and full Sovereign Authority; the removal of those present grievances, differences, Wars, (arising principally from ignorant or wilful mistakes of the Parliaments just Privileges and the King's due Prerogatives) which threaten present ruin to them all; for whose future prosperity, security I could (with b Exod. 32. 32. Moses, and c Rome, 9 4. Paul) heartily wish myself to be blotted out of the Book of life, and to be accursed from Christ; neither count I may life, limbs, liberties, or any earthly comforts dear unto me, so I may any ways promote God's glory and the public welfare. And certainly had the most of men in public places, but Heroic public Spirits, (as I make no doubt all Your Honours have) biased with no private Interests, or base self-respects, studying nothing but the common-good, our present unnatural wars would soon be determined, our greatest differences easily reconciled, our foreign Irish, French, Walloon Popish Forces, brought in to cut our English Protestant's and their Religion's throats, before our faces, (at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joining with them) easily expulsed, our remaining Grievances speedily redressed, our disordered Church Reform, our Pristine Peace and Prosperity restored, yea entailed to us and our Posterities for ever; whereas the private selfe-ends, selfe-interests, of some ambitious, covetous, malicious, treacherous, timorous public persons, (who serve no other Deity, Majesty, or Republic, but themselves alone) have most shamefully embroiled, betrayed, and endangered both our Kingdoms, Parliaments, Liberties, Religion, Properties, yea, all the blessings we formerly enjoyed; whose names and memories shall be ever execrable to all Posterity upon Earth, & their Souls, Bodies, eternally tortured in hell, (without repentance) for this their inhuman, unchristian Treachery, and Realme-destroying, Church-subverting self-seeking, detestable both to God and Men. To conjure down such base degenerous private spirits to the infernal pit, or else to elevate and inflame them with great heroic public thoughts, there is nothing more effectual (in my weak apprehension) than the well-grounded knowledge, serious study, and full vindication of such public Truths, concerning Public Government, and the Sovereign jurisdiction of Parliaments, Kingdoms, Magistrates, People as are here debated, ratified, freed from those black aspersions of sedition, faction, rebellion, treason, conspiracy, mutiny, singularity, disloyalty, and the like, which sordid Sycophants, self-seeking Monopolists, Courtiers, Royalists, or malignant Delinquents, have most injuriously cast upon them to delude the world; which long obscured Truths, though they may seem dangerous Paradoxes, and upstart Enthusiasms, at the first proposal, to many ignorant, seduced Souls, kept over long in Cymmerian darkness, by those Egyptian taskmasters, who have studied to increase and perpetuate their bondage; Yet upon serious examination will prove to be most ancient, indubitable Verities, universally received, believed, practised, by most Realms and Nations in the Universe, from the beginning of Monarchy till this present; and the contrary received opinions, to be but the vain, empty Brainsick lying fancies of a few illiterate, impolitic Court-Chaplaines, Lawyers, Sycophants, who never dived into the Principles Constitutions, Laws, Histories of States and Realms, or into the true original grounds of Regal, regnal, Popular, or Parliamentary jurisdictions; and writ only to flatter Princes, to purchase honour, gain, or favour to themselves; without any respect at all to Verity, or the Common good, which never entered into their narrow private thoughts. What entertainment these New-published common Truths, are like to find in Court, and elsewhere among many men, I may easily conjecture by that ingrate requital Your Honours have received from them, for all your faithfulness, pains, cost, diligence, service for the Public safety. Never did any Parliament in England deserve half so well as this, for their indefatigable labours night and day, almost three whole years space together, for the Common good: Yet never was any half so ill requited. Never did any demerit greater public applause; never any underwent half so many vile Libellous reproaches, slanders, of all sorts, even for well-doing; and that not only in vulgar Discourses, but in Press and Pulpit too. Never did Parliament in any age sit half so long, or do half that work, or get any such public establishment, as this; and yet all our Parliaments put together, were never so much opposed, traduced, secretly conspired against, or openly assaulted with armed violence to dissolve and ruin them, as this one alone; against whom not only the Pope with all his Antichristian Members, at home and abroad, but (which is almost a Miracle, not formerly heard of in any age) both King, Queen, Prince, Privy Counsellors, Courtiers; yea divers Nobles, and Members of both Houses, contrary to their own Protestations, have utterly deserted it, yea bend all their policies, wits, Forces together, to dissolve and null it, (and in it all future Parliaments,) as no Parliament at all, but as an Assembly of obstinate refractory Traitors, and Rebels; when as all your Actions, Proceedings, Declarations, Protestations, proclaim you nothing less, yea the best-deserving Parliamentary Assembly that ever this Nation was blessed with, and those Heroic Champions, who have lately regained, resettled (as far as humane Laws and Ordinances can secure them) our lost, at least decayed Liberties, Laws, Privileges, Religion, in despite of all oppositions, and utterly suppressed that confederated Triumvirate (of the Counsel-chamber, Starchamber, and High-Commission) which had almost enthralled us in more than Egyptian bondage, and resolved to detain both us and our Posterity under it, without the least hopes of any enfranchisement. Never were there half so many public regal Protestations, Declarations, Proclamations, Oaths, Remonstrances, solemnly made and published to the world, for the inviolable preservation of all just Rights and Privileges of Parliament, as there have been in this; and yet never were there so many apparent violations of the undoubted Rights and Privileges of Parliament in all former ages whatsoever, as in this one Parliament only, now at last so far affronted, by open Proclamation, (even against an Act of Parliament, passed by the King and both Houses when fullest,) to be Proclaimed to the world, No Parliament at all, but a mere factious, seditious Conventicle. Which how inconsistent it is with other former Oaths & Protestations, let all wise men judge. However; this may be some good encouragement to your Honours, and Myself too, that if all his Majesty's solemn Printed Protestations, Oaths, Proclamations, Remonstrances to his people and all the world, with deepest imprecations on himself and his Posterity, to maintain the Laws and Liberties of the Subject, the just Privileges and power of Parliaments, and Protestant Religion to the utterrmost, be as cordially, as really intended, as they are pretended, your Honourable proceedings, and these my polemical Discourses (really defending, vindicating, the indubitable Privileges of Parliaments, the Subjects Liberties, Laws, and our Religion against all Opposites whatsoever,) cannot but find most gracious acceptation with his Majesties own person, yea, with all his Counsellors, Courtiers, Cavaliers, who bear any sincere affection either to the Parliaments Privileges, their Country's Liberties, or Religion: which all doubt an Army of English; Irish, Outlanding Papists, will hardly fight for, or maintain, but really subvert, if possible. However, Your Honour's kind, favourable entertainment, and Noble Patronage, of these my unworthy public Labours (of which I cannot doubt) accompanied with the consciousness of my own sincerity and loyalty, in the whole contexture of them (though some out of malice, envy, or flattery may and will misconstrue them, as they have done other of my Writings, to my great damage and danger) shall be a sufficient Sanctuary to secure both Me and them, against all adverse Powers and Detractions whatsoever: and if I chance to suffer any future hard measure, of what kind soever, for doing my Country or Your Honours the best and faithfullest service I am able, I shall repute it my greatest honour, my chiefest felicity, and cheerfully undergo it (through God's assistance) not as a Cross of infamy, but a Crown of Glory: And so much the rather, because your Honours have formerly taken up this Magnanimous resolution, yea sealed it with solemn public Covenants and Protestations, to live and die in the just defence of your Privileges, Country, and Religion, (never so much endangered, banded against by foreign and domestic Papists, Atheists, as now) and never to desert them whiles you have one drop of blood in your veins, or any breath in your Nostrils: and God forbid, but that I, and all other true Members of our State and Church, should cordially concur with you in this Heroical Covenant, which the desperate * See Rome's Masterpiece Confederacies of our Romish Adversaries, long prosecuted among us, and now almost promoted to perfection, have necessarily engaged Your Honours and the whole Kingdom to enter into, for their Preservation. Now the God of Peace, and Lord of Hosts, be ever mightily present with, and in Your Honourable Assembly, to counsel, direct, protect, prosper all your sincere endeavours to promote his Gospel, Truth, Honour, the public welfare, liberty, tranquillity, security of our endangered lacerated Church and Realms, * Isay 33. 20. Till the Lord shall look mercifully upon Zion, the City of our solemnities, and till our eyes shall see our English Jerusalem, a quiet habitation, a tabernacle that shall not be taken down, not one of the stakes whereof shall ever be removed, neither shall any of the cords thereof be broken, notwithstanding all the mighty oppositions against it: And till you * Isay 58. 12. shall have built up the old waste places; raised up the Foundations of many generations, yea erected the very * Zach. 4 7. Top-stone of an exact universal Ecclesiastical and civil Reformation in Church and State, with shoutings, crying Grace, grace unto it. That so all future Generations may really bless, and call you, The Repairers of our manifold breaches, the Restorers of Paths to dwell lin. Which is, and shall be the daily prayer of Your Honour's most affectionately devoted Servant, to live and die with You in the Common Cause of God, Religion, and our Native Country, WILLIAM PRYNNE. THE TREACHERY and DISLOYALTY OF PAPISTS TO THEIR SOVEREIGNS, IN DOCTRINE AND PRACTICE. Together with The first part of the SOVEREIGN POWER OF PARLIAMENTS and KINGDOMS. Wherein the Traitorous, antimonarchical Doctrines, Practices, and Attempts of Papists upon the Persons, Crowns, Prerogatives, of their Sovereigns, with the dangerous designs, effects, and consequences, of their present illegal Arming, and access to the King's Person, Court, Army, by means of evil Counselors, are briefly discovered, related; The jurisdiction, Power, Privileges, claimed, exercised by our Popish Parliaments, Prelates, Lords and Commons in former ages, exactly paralleled with those now claimed by the Lords and Commons in this present Parliament; which are manifested, to be far more loyal, dutiful, moderate; more consistent with, less invasive on, and destructive to the pretended Sovereign Power and Prerogative of the King, than those of former ages. And the high Court of Parliament proved by pregnant Reasons, and Authorities, To be the most Sovereign Power of all other, in this Kingdom, in several respects; And superior to the King himself: who is not above, but subject to the Laws: Together with a punctual Answer to the chief Calumnies, and grandest Objections, of Royalists, Papists, Malignants, Delinquents, against the Parliaments Power, and Proceedings; with other Particulars worthy Observation. The Second Edition Enlarged. By WILLIAM PRYNNE, Utter-Barrester, of Lincoln's Inn. Isai▪ 24. 16, 17. Woe unto me, the treacherous dealers have dealt treacherously: yea, the Treacherous dealers have dealt very treacherously: Fear, and the pit, and a snare are upon thee, O Inhabitant of the Earth. Psalm 120. 5, 6. My soul hath long dwelled with them, that are enemies unto peace. I labour for peace; but when I speak unto them thereof, they make them ready to Battle. It is this second day of May, 1643. Ordered by the Committee of the House of Commons in Parliament for Printing, that this Book, Entitled, The Treachery and Disloyalty of Papists to their Sovereigns, etc. with the Additions, be reprinted by Michael Spark, signior. john White. Printed at London for Michael Spark, Senior. 1643. To the Reader. Courteous Reader, THE importunity of some Members of Parliament, hath induced me to enlarge the first Part of this Discourse, with sundry pertinent Additions, and to Re-print it in a greater Character, than before; yet distinct from the following part, for the ease, the benefit both of Stationer and Buyer. When I first entered upon this necessary public Theme, my Primitive Intention was, to have Collected the chief Heads, Reasons, Authorities of this and the ensuing Members, into one compendious Summulary, and so to publish them all together in an entire Brief: But afterwards considering the extraordinary weight and consequence of that Grand common Cause, both of Parliament and Kingdom, which I was to plead; the Novelty and Rarity of the Subject matter; the extraordinary Prejudice of the ignorant long-deluded world against it; the Potency, Policy, Multitude of learned Advocates (as well Divines as Lawyers) of the opposite Royal, and Malignant party; the insufficiency and unsatisfactoriness of all late Printed Pleas for the Parliaments Interest, through defect of punctual Precedents, and Authorities to back their rational Discourses; and that a Summary slight debate of these important public differences, would give but small satisfaction to the Adversary, and rather prejudice than advance the Parliaments, Kingdoms Native Rights and Privileges: I did thereupon enlarge my Meditations, my Collections, so far forth, as straits of Time, with other avocating Employments, would permit, seconding all my Arguments, fortifying all my Reasons, with such Domestic, Foreign Precedents, and Authorities of all sorts, as well Divine, as Humane, Political, Historical, as Legal; as through God's concurrence with, and blessing on my impotent endeavours, may effectually convince the obstinate wills, abundantly satisfy the most seduced, prejudicated Judgement, finally resolve the most scrupulous Consciences, and eternally silence the ignorant, the most malicious Tongues and Pens of all Royalists, etc. Anti-parliamentary Malignants, who are not wilfully wedded to their long-espoused Errors; or more enamoured with sordid Court flattery for private selfe-ends, then fairest (though hated, ungainful) verity, which aims at nothing but the Public good. For my part, I seriously protest before the great Judge of Heaven and Earth, that I have herein wittingly maintained nothing at all, but what my Judgement and Conscience both (biased with no sinister ends, no private respects, aiming at nought else but the Glory of God, the settled weal, and Tranquillity, of our distracted, bleeding, dying Church, and State, the only Motives, engaging me in this Service) inform me, to be a well-grounded, ancient, pregnant, (though lately overclouded, undiscovered, neglected, much-oppugned) Truth: and albeit most particulars therein debated, have for many years hitherto been deposed (that I say not stigmatised) for seditious, dangerous antimonarchical Paradoxes, if not worse, by the general Torrent of Court-Parasites, Lawyers, Religion, Nature, Law, Policy, the various Precedents, and Authorities of former ages, and throughly digested without prejudice or partiality; they will appear, yea, shine forth as most necessary, profitable, loyal, State-securing, Peace-procuring verities; yea, as the very Nerves and sinews to unite; the Pillars to support; the Bulwarks to protect both Church and State, against all invasions, of heresy, or tyranny; and to keep all the Potent Members of them within their Legal bounds. Peruse it therefore with an upright heart, a disengaged Judgement, an unbiased affection; and when thou hast thus done, let nought but naked Truth resolve thy Conscience, and regulate all thy future Actions, services both towards thy God, King, Country, in such sort; That * Psal. 85. 8, 9, 10. glory may dwell in our land; that mercy and truth may meet together; righteousness and peace may kiss each other, once more in our Nation; and God may now at last speak peace unto his people and to his Saints: So Truth shall spring out of the Earth, and Righteousness shall look down from Heaven: Yea, the Lord shall give that which is good; and our Land shall yield her increase; Righteousness shall go before him, and sha●● set us in the way of his steps. * Isa. 32. 17, 18 And the work of Righteousness shall be Peace; and the effect of righteousness, quietness and assurance for ever. And we (being God's people) shall dwell in a peaceable habitation, and in sure dwellings, and in quiet resting places; Yea, we * Micah 4. 3, 4. Isay 2. 4. Joel 3. 10. shall beat our swords into Ploughshares, and our Spears into Pruning-hookes; Nation shall not lift up sword against Nation, neither shall they learn war any more; But we shall sit every man under his Vine and under his Figtree, and none shall make us afraid; The effecting, the restoring of which sweet blessed Harmony of Peace and quietness throughout our kingdom, hath been one principal end of this my Labour, which takes away the pretended causes, the nourishing fuel of our present unnatural contentions, and destructive bloody wars. Entertain it therefore, with that candidness and Ingenuity, as becomes the cordiallest Endeavours, of a real unmercenary Philo-pater, who hath freely done and suffered many things, and is still pressed to do and suffer all things, for his dearest Countries service, in an honourable lawful Christian way; though he receive no other Guerdon, than the loss of all his earthly comforts, and a new addition to his former sufferings. That saying of Symmachus hath been encouragement enough to me, * Apud Ambros. Epist. l▪ 2. Ep. 2. Tom. 5. p. 97. Saluti publicae dicata industria crescit Merito, cum caret Praemio; which I wish were more considered and better practised by some degenerous Mercenary spirits in these sad times; who receive great wages, and do little work; refusing to stir either hand or foot upon any advantage, or necessary occasion to preserve their Native Country from desolation, before they have pursed up their undemerited pay; and yet even then perchance sit still: It is a baseness not only far below * Jer. 45. 5. Christianity, but Humanity itself, for men (especially those of public place and abilities) to prefer their own private ends, before the public safety; their particular gain, before the commonweal, when the whole kingdom lieth at stake. But I hope Heroic English Spirits, will learn more generous resolutions and Activity in times of such extremity; and that those whom it most concerns, will take timely notice, That sordid Mercenaries are the greatest, falsest Cowards; Christ himself resolving what poor, what ill service they will do in days of trial, Joh. 10. 12, 13. He that is an Hireling, seeth the Wolf coming and leaveth the Sheep, and FLEETH; and the Wolf catcheth them and scattereth the Sheep. The hireling fleeth, because he is an hireling, and careth not for the Sheep. He loves only his Wages, not his Charge, his Duty; God discover and amend all such, or else speedily discard them. That so all aiming only at the public good and Tranquillity; we may eftsoon procure, enjoy the same to our greatest consolation. The Treachery and Disloyalty of Papists to their Sovereigns, both in Doctrine and Practice. WHen I seriously consider the memorable Preamble of 3. jac. ch. 4. That it is found by daily experience, that many of his Majesty's Subjects who adhere in their hearts to the Popish Religion, by the infection drawn from thence, and by the wicked and devilish counsel of Jesuits, Seminaries, and other persons dangerous to the Church and State, are so far perverted in the point of their loyalties and due obedience unto the King's Majesty, and the Crown of England, as they are ready to entertain and execute any Treasonable Conspiracies and Practices, as evidently appears by that more than barbarous and horrible attempt to have blown up with Gunpowder, the King, Queen, Prince, Lords and Commons in the House of Parliament assembled, tending to the utter subversion of the whole State, lately undertaken by the instigation of Jesuits and Seminaries, and in advancement of their Religion by their Scholars taught and instructed by them for that purpose. With the Statutes of 35. Eliz. ch. 2. and 3. jacob. ch. 5. which Enact: That all Popish Reeusants shall be restrained to some certain places of abode, and confined to their private houses in the Country, and not at any time after to pass or remove above five miles from thence, under pain of forfeiting all their Lands, Goods, and Chattels, during life. That none of them shall remain within ten miles of the City of London, nor come into the Court or house where his Majesty, or Heir apparent to the Crown of England shall be; nor have in their own houses, or in the hands or possession of any other at their disposition, any Armour, Gunpowder, or Munition, of what kind soever; And all this, for the better discovering and avoiding of such Traitorous, and most dangerous Conspiracies, Treasons, Practices, and attempts, as are daily devised, and practised against our most gracious Sovereign's Person, and the Commonweal, by rebellious and traitorous Papists. And when I read in * Dated. Ianu. 10. 1606. and Febr. 22. 1603. two of King james his Proclamations: That those adhering to the profession of the Church of Rome, are blindly led (together with the superstition of their Religion) both unto some points of Doctrine which * Note this. cannot consist with the loyalty of Subjects towards their Prince, and oft times unto direct actions of conspiracies, and conjurations against the State wherein they live, as hath most notoriously appeared by the late most horrible and almost incredible conjuration (grounded upon points of Doctrine in that Church held and mantained, and contrived, and practised with the privity and warrant of many of the principal Priests of that profession) to blow up our children and all the three States in Parliament assembled. And when we consider the course and claim of the Sea of Rome, we have no reason to imagine, that Princes of our Religion and profession can expect any assurance long to continue, unless it might be assented by the mediation of other Prince's Christian, that some good course might be taken (by a general Council, free, and lawfully called) to pluck up those roots of dangers and jealousies which arise for cause of Religion, as well between Princes and Princes, as between them and their Subjects; and to make it manifest, that no State or Potentate, either doth or can challenge power to dispose of earthly Kingdoms, or Monarchies, or to dispense with Subjects obedience to their natural Sovereigns; (Which was never yet attempted, much less effected.) And in the Book of Thanksgiving appointed for the fifth of November, (set forth by King james, and the Parliaments special direction) this observable Prayer (somewhat altered by the now b Who confesseth & justifieth it, in his Speech in Star-chamber, june 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists) To that end strengthen the hand of our gracious King, the Nobles and Magistrates of the Land, with judgement S●p justice, to cut off these workers of iniquity (the Papists) whose Religion is rebellion, whose faith is faction, whose practice is murdering of Souls and bodies, and to root them out of the confines of this Kingdom. I cannot but stand amazed, yea utterly confounded in myself, at the Impudence and Treachery of those pernicious Counsellors, who in affront of all these Laws and premises, have issued out sundry b See the Parliaments late Declaration. Commissions, under his Majesty's hand and seal, to divers notorious Papists, not only to furnish themselves with all sorts of Arms and Munition; but likewise to meet together armed, and raise forces in the Field, to fight against the Parliament, Kingdom, and Protestant Religion, (even contrary to divers his Majesties late Printed Declarations, and Protestations, to all his loving Subjects) advanced them to places of great trust and command in his Majesty's several Armies; & procured them free access unto, if not places of note about his sacred person, as if they were his loyallest Subjects, his surest guard (as many now boldly style them) and more to be confided in, than his best and greatest Council, the Parliament; whom they most execrably revile, as Rebels, and Traitors, the more colourably to raise an Army of Papists to cut their throats, and the throat of our Protestant Religion first (as they have already done in Ireland,) and then last of all his Majesties, in case he refuse to become the Pope's sworn vassal, or alter his Religion, which he hath oft protested (and we believe) he will never do. But I desire these i'll counsellors of the worst edition, to inform his Majesty, or any rational creature, how it is either probable, or possible, that an army of papists should secure his royal person, Crown, Dignity, or protect the Protestant Religion, the Parliament, or its Privileges, to all which they have showed themselves most professed enemies. We all know that Popish Recusants c See King james his Apology against Bellarmin, Laurentius Byerlink, Opus Chro. p. 319. Deus & Rex. The Lord William howard's Sons la●e Book in Defence of Papists taking the Oath of Allegiance. obstinately refuse to take the Oath of Supremacy, or Allegiance (some of them that took it, having been excommunicated by their Priests for a reward) The sum of which Oath is, * 3 jac. c. 4. That they do truly and sincerely acknowledge and profess; That the Pope hath no authority to depose the King, or to dispose of any his Kingdoms, or to authorise any foreign Prince to invade his Countries, or to discharge any his Subjects from their Allegiance to his Majesty, or to licence any of them to bear arms, or raisetumults against him, or to offer any violence or hurt to his royal Person, State, Government, Subjects. That notwithstanding any Declaration, Excommunication, or deprivation made or granted by the Pope, or any Authority derived from him, against the King, his Heirs, and Successors, or any absolution from their obedience, they will bear faith and true allegiance to them, and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons, Crown, and Dignity, by reason of any such sentence or Declaration, or otherwise. And that they do from their hearts, abhor, detest, abjure as impious and heretical, this damnable Doctrine and position: (professedly maintained by English Papists, else why should the Parliament prescribe, and they absolutely refuse to take this Oath?) that Princes excommunicated or deprived by the Pope, may be deposed or murdered by their Subjects, or any other whatsoever. Will those then who refuse to take this Oath, or abjure this King-deposing, King-killing Popish Doctrine; harbouring a S●eminary Priest in their Tents, and a Pope in their hearts, prove a faithful guard to his Majesty's Person, Crown, Kingdoms? Will those who so oft conspired the death, and attempted the murders of Queen Elizabeth, and King james, only because they were Protestants, and Defenders of the Protestant Faith, now cordially protect and assist King Charles, without attempting any thing against his Crown or Person, who hath lately made and published so many Protestations, and Declarations, that he will never embrace, nor countenance Popery, but most resolutely Defend, and Advance the Protestant Religion; and makes this one principal motive (how truly, he taketh Heaven and Earth to witness) of his present taking up of Arms? Will they (think you) spend their lives for King and Parliament, who but few years since lost their lives for attempting by a train of Gunpowder to blow up both King and Parliament? Will those secure his Majesty in his Throne, now he is actually King of England, who would have murdered him in his Cradle, ere he was Prince, to forestall him of the Crown of England? Can those prove really royal to his Majesty and his Royal Posterity, who would have blown up him and all his Royal House at once, even long before he had posterity? In a word (if ancient precedents will not convince us) are those who for d See Dr. jones his Book of Examinations. two years' last passed or more, have been labouring with might and main to uncrown his Majesty, and utterly extirpate the Protestant Religion by horrid conspiracies and force of Arms, in Ireland, and are now there acting the last Scene of this most barbarous bloody Tragedy; likely to spend their dearest blood in fight for the preservation of his Majesty's Crown and the Protestant cause in England, if this only be the real quarrel, as is speciously pretended? Or will any of that Religion, who within these three years, have by force of Arms, both in Catalonia, Portugal, and elsewhere, revolted from, and cast off their allegiance to their own most Catholic King, to set up others of the same Religion in his Tribunal for their greater advantage; put to their helping hands to establish his Majesty (the most Protestant King) in his regal Throne, admit it were really, not fictitiously endangered to be shaken by the Parliament? Certainly, if the ground of this unnatural war be such as these ill Counsellors pretend, they would never be so far besotted as to make choice of such unfitting Champions as Papists, for such a design, who are very well known to be the greatest enemies and malignants of all others, both to King, Kingdom, Religion, Parliament, whose joint destructions (what ever these ill Counsellors pretend) is questionless the only thing really intended by the Popish party in this war, as the proceedings in Ireland, the introducing of foreign, the raising of domestic Popish Forces, the disarming of Protestants, and Arming Papists with their Harness, clearly demonstrate to all whom prejudice hath not blinded. Now that I may evidence to these pernicious Counsellors, and all the world, how dangerous, how unsafe it is to his Majesty, to the Kingdom, to put Arms into Papists hands, and make use of them to protect the King's person, or Crown; I shall desire them to take notice both of the Papists traitorous Doctrine, and Practise, in these three particulars they maintain. First, That the Pope by a mere divine right, is the sole and supreme Monarch of the whole world, and all the Kingdoms in it, to dispose of them at his pleasure, to whom and when he will, without giving any account of his actions. That all Emperors and Kings are but his vassals, deriving, and holding their Crowns from him by base unworthy services, worse than villainage; that they call, and repute them their Pope's vassals, curs, packe-asses with Bells about their necks, and use them like such, if they offend the Pope. For full proof whereof out of their own Authors and practice, I shall refer them to Doctor e Dedicated to King james, printed at London 1621. Richard Crackenthorps' Book, Of the Pope's temporal Monarchy, chap. 1. p. 1. to 27. worthy any man's reading, to john Bodins Commonwealth, Lib. 1. cap. 9 Bishop jewels view of a Seditious Bull, and Doctor john Whites Defence of the way to the true Church, chap. 10. p. 43. Secondly, That the Pope alone without a Council, may lawfully excommunicate, censure, depose both Emperors, Kings, and Princes; and dispose of their Crowns and Kingdoms unto others; That it is meet and necessary he should excommunicate and deprive all Kings, who are either Heretics or Apostates (as they repute all protestant Princes) or oppressors of the Commonwealth: That as soon as such Princes are actually excommunicated, or notoriously known to be Heretics or Apostates, their Subjects are ipso facto absolved from their government, and Oaths of Allegiance whereby they were bound unto them; and may, yea ought to take up Arms against them to deprive them of their Kingdoms. Thirdly, That such heretical, tyrannical, oppressing Kings may be killed, poisoned, or slain by open force of Arms, not only lawfully, but with glory and commendations; That this is to be executed by Catholics; and that it is not only an heroical, but meritorious act, worthy the highest Encomiums; and a Saint-ship in the Roman Calendar. These two last propositions you may read abundantly proved by the words of Popish writers, and forty examples of several Emperors, Kings and Princes, which Popes and Papists have excommunicated, deprived, violently assaulted and murdered, in e Dedicated to King james, and printed at London 1624. Doctor john Whites defence of the way to the true Church, chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Paul's Cross, March 24. 1615. pag. 11. 12. in Bishop jewels view of a seditious Bull, in Bishop bilson's true difference of Christian Subjection, and unchristian rebellion, part. 3. throughout: Aphorismi Doctrinae jesuitarum: King james his Apology against Bellarmine, with his Answer to Cardinal Perron, and sundry printed Sermons, preached on the fifth of November, to which I shall refer the Reader. What security or protection then of his Majesty's royal person, Crown, Kingdoms, can now be expected from our popish Recusants, (infected with these traitorous principles, and branded with so many ancient, modern, nay present Treasons and Rebellions against their Sovereigns) let the world and all wise men seriously judge; What fair quarter and brotherly assistance the Parliament, Protestants, Protestant Religion, Laws and Liberties of the Subject are like to receive from this popish Army, the late Gunpowder Treason, the Spanish Armado, the English and French book of Martyrs, the present proceedings in Ireland, Yorkshire, and elsewhere, will resolve without dispute: And what peace and safety the Kingdom may expect in Church of State, whiles Popery and Papists have any armed power or being among us, f In his Sermon there, Mar. 24. 1615. p. 43. 44. Doctor john White hath long since proclaimed at Paul's Cross (and now we feel it by experience) in these words; Papistry can stand neither with peace nor piety; the State therefore that would have these things, hath just cause to suppress it. Touching our peace, it hath not been violated in our State these many years but by them, nor scarce in any Christian State, since Charles the Great his time, but the Pope and his ministers have had a hand in it. All these ill advisers (to colour their close g See Plaine English. design of re-establishing Popery, principally intended) can allege for arming Papists against Law, is; That the Parliament hath traitorously invaded the King's Prerogatives in a high degree; Object. claimed a power and jurisdiction above his Majesty in sundry particulars; yea, Crimination. 1. usurped to its self a more exorbitant, unlimited, arbitrary authority in making Laws, imposing taxes, etc. then any Parliaments challenged in former ages; to repress which insolences, and reduce the Parliament to its due limits, his Majesty is now necessitated to raise an Army, and pray in aid of Papists, who in former ages have been more moderate in their Parliaments, and are like to prove most cordial and loyal to his Majesty in this service. To answer which pretence more fully, Object. 2. though it be for the main, most palpably false, yet (by way of admission only) I shall suppose it true, and with all possible brevity manifest; That Parliaments, Prelates, Peers, Commons in times of Popery, have both claimed and exercised far greater authority over our Kings and their Prerogatives, than this or any other Protestant Parliament hath done: Wherefore Papists of all others, have lest cause to tax the Parliaments proceedings, and those ill Counsellors and his Majesty small reason to employ or trust Papists in this service. Answ. To descend to some particular heads of complaint, involved in this general. First, it is objected, that the Parliament and some of its h The observations, a ●uller answer to Dr. Ferne, with others. The Remonstrance of the Lords and Commons, Novem. 2. 1642. Advocates, with its approbation, affirm; that the Parliament being the representative Body of the whole Kingdom, is in some respects of greater power and authority than the King; who though he be singulis major, yet he is, universis minor; which is contrary to the Oath of Supremacy, (wherein every Subject, * 1 Eliz. ch. 1. doth utterly testify and declare in his conscience, that the King's highness is THE ONLY SUPREME GOVERNOR of this Realm, etc. as well in all Spiritual or Ecclesiastical causes, as Temporal:) and a kind of unkinging his Majesty, no ways to be endured. To which I answer, Answ. first, that if this Doctrine be either Traitorous or Heretical, the Papists were the first broachers of it long ago; For Hen. de Bracton a famous English Lawyer, who writ in King Henry the third his reign, lib. 2. cap. 16. f. 34. a. resolves thus, i Rex habet superiorem, Deum, etc. Item legem per quam factus est Rex. Item Curiam suam: viz. Comites, & Barones, quia Comites dicuntur quasi s●cii Regis, & qui habet socium habet magistrum: Et ideo si Rex fuerit sine fraeno, i. sine lege, DEBENTEI FRAENUM IMPONERE, etc. But the King hath a SUPERIOR, to wit God: Also the Law, by which be is made a King: likewise HIS COURT; namely, the EARLS AND BARONS; because they are called Comites, as being THE KING'S FELLOWS (or companions;) and he who hath a fellow (or associate) hath a MASTER: and therefore if the King shall be without a bridle, that is, without Law, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, unless they themselves with the King shall be without bridle; and then the Subject shall cry out and say, O Lord jesus Christ do thou bind their jaws with bit and bridle, etc. A clear resolution, That the Law, with the Earls and Barons assembled in Parliament, are above the King, and aught to bridle him when he exorbitates from the Law: which he also seconds in some sort, lib. 3. cap. 9 f. 107. This Doctrine was so authentic in those days, and after times, that in the great Council of Basil. Anno 1431. when this mighty question was debated; Whether a Pope were above a general Council, or a Council above him? such a Council was at last resolved to be above the Pope, upon this reason, among others k Fox Acts & Mon. Edi. 1641 Vol. 2, p. 879, 880. Aeneas Silvius de gestis concilii Basiliensis, & Surius conci. Tom. 4. The Pope is in the Church as a King is in his Kingdom, and for a King to be of more authority than his Kingdom, it were too absurd; Ergo, Neither aught the Pope to be above the Church. In every well ordered Kingdom, it ought specially to be desired, that the whole Realm should be of more authority than the King; which if it happened contrary, were not to be called a Kingdom, but a Tyranny. And like as oftentimes Kings, which do wickedly govern the Commonwealth and express cruelty, are deprived of their Kingdoms; even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church, that is to say, by the general Council. At the beginning (as * Lib. 2. Cicero in his Offices saith) it is certain there was a time when as the people lived without Kings. But afterwards when Lands and Possessions began to be divided according to the custom of every Nation, than were Kings ordained for no other causes but only to execute justice: for when at the beginning the common people were oppressed by rich and mighty men, they ran by and by to some good and virtuous man, which should defend the poor from injury, and ordain Laws, whereby the rich and poor might devil together. But when as yet under the rule of Kings, the poor were oftentimes oppressed, Laws were ordained and instituted, the which should judge, neither for hatred nor favour, and give like e●re unto the poor as rich: whereby we understand and know, not only the people, but also the King to be subject to the Law. For if we do see a King to contemn and despise the Laws, violently rob and spoil his Subjects, deflower Virgins, dishonest Matrons, and do all things licentiously and temerariously, do not the Nobles of the Kingdom assemble together, deposing him from his Kingdom, set up another in his place, which shall swear to rule and govern uprightly, and be obedient unto the Laws? Verily as reason doth persuade, even so doth the use thereof also teach us: It seemeth also agreeable unto reason, that the same should be done in the Church, that is, in the Counceil, which is done in any Kingdom. And so is this sufficiently apparent, that the Pope is subject unto the Council; Thus the Bishop of Burgen, Ambassador of Spain, the Abbot of Scotland, and Thomas de Corcellis, a famous Divine, reasoned in this Council, which voted with them. Here we have a full resolution of this great Council (which the Papists call a general one, being l Surius, council. to●. 4. p. 1. &c And Aeneas Silvius hist. Concil. Basiliensis. approved by the Greek and Roman Emperors, and most Christian Kings, and States, and ours among others:) That the Kingdom in Parliament Assembled, is above the King, as a General Council is paramount the Pope: which they manifest by five reasons. First, because Kings were first created and instituted by their Kingdoms and people; not their Kingdoms and people by them. Secondly, because they were ordained only for their Kingdoms and people's service and welfare, not their Kingdoms and people for them. Thirdly, because their Kingdoms and people, as they at first created, so they still limit and confine their royal Jurisdiction by Laws, to which they are and aught to be subject. Fourthly, because they oblige them by a solemn Oath, to rule according, and to be obedient unto the Laws. Fifthly, because they have power to depose them in case they contemn the Laws, and violently rob and spoil their Subjects. This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments, Peers, and Kingdoms over their Kings, they have least ground of all others, to tax this Parliament or its Advocates, as guilty of Treason, and usurpation upon the Crown, for a more moderate claim then this amounts to, and the King or his ill Counsel no ground to expect more moderation and loyalty from Popish then Protestant Parliaments. Secondly, I answer, that Popish Parliaments, Peers, and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings, than this Parliament, or any other, since the embracing of the Protestant Religion, ever claimed; and do in a great measure disclaim. For, first of all, they have challenged and executed a just and legal power (as they deemed it) to depose their Kings, for not governing according to Law; for following and protecting evil Counselors, and Officers; oppressing their Subjects, and making war against them. This is evident, not only by the forementioned passages of the Council of Basil, with infinite precedents in foreign Empires and Kingdoms, which I pretermit, but by sundry domestic examples of which I shall give you a short touch. m Spe. hist. p. 207, 266, 267. Mat. West. Ann● 445. 454, etc. See Hunt. hist. l. 2. p. 320 Pol. l. 5. c. 1. Fab. p. 73. Dan p. 8. H●l. Graft. Vin. Speed hist, l 20 c. 11. & others. Anno Dom. 454. King Vortigern, when he had reigned six years' space, for his negligence and evil Government (for which Vodine Archbishop of London told him, he had endangered both his Soul and Crown) was deposed from his Crown by his Subjects (the Britain's) general consent, imprisoned, and his Son Vortimer chosen and crowned King in his stead; After whose untimely death (being poisoned by Rowena) Vortigern was again restored by them to the Crown, and at last for his notorious sins, by the just revenging hand of God, consumed to ashes by fire, kindled by Au●elius, and Uter, as Heaven's ministers to execute its wrath. Sigebert n Spee. hist. p. 229, Huntin. & Mat. West. An. 756. Hol. Graf. in his life. King of the Westsaxons, setting aside all Laws and rules of true piety, wallowing in all sensual pleasures, and using exactions and cruelties upon his Subjects, and slaying the Earl Cumbra, his most faithful Counsellor, for admonishing him lovingly of his vicious life: the Peers and Commons thereupon seeing their State and lives in danger, and their Laws thus violated, assembled all together; and provida omnium deliberatione, rose up in Arms against him, deposed, and would acknowledge him no longer their Sovereign, whereupon flying into the Woods, as his only safeguard, and there wand'ring in the day like a forlorn person, and lodging in dens and caves by night, he was slain by Cumbra his Swinherd, in revenge of his Master's death, and Kenwolfe made King in his stead, Anno Dom. 756. o Spee. hist. p. 245, 246. Hunt. & Mat. West. an. 792 See Holin. Graft. & others Osred King of Northumberland, for his ill government was expelled by his Subjects, and deprived of all Kingly Authority, Anno 789. So Ethelred, (the son of Mollo) his next successor, being revoked from exile and restored to the Crown, of which he was formerly deprived, thereupon murdering divers of his Nobles and Subjects to secure his Crown, so far offended his Subjects thereby, that An. 794. they rose up in Arms against him, and slew him at Cobre. Thus n Matth. West. An. 158. p. 275 An. 758. the people of the kingdom of Mercia rising up against Beornerd their King, because ●e governed the people not by just Laws, but tyranny, assembled all together, as well Nobles as ignoble; and Offa, most valiant young man being their Captain, they expelled him from the kingdom: which done, unanimi omnium consensu, by the unanimous consent of all, as well Clergy as People, they Crowned Offa a King. o Matth. West. An. 821. Speed hist, p. 255. Ceolwulfe King of Mercia, An. 820. after one years' Reign, was for his misgovernment expulsed by his people, abandoning his Crown and Country for the ●afety of his life. p Mat. West. Hunt. Poly. Fab. Holin. Graf. An. 9●7. Ed●●yn King of Mercia and Northumberland, for his Misgovernment, Tyranny, oppression, following vain, base, wicked Counsellors, rejecting the advice of the Wisest and noblest person, was, by the unanimous consent of all his Subjects, removed from all Kingly dignity, and deposed; in whose place Edgar was elected King, An. 957. DEO DICTANTE & annuente populo. Not to m●ntion the story of q Fabian, part 2. c. 49. 40. 41. p. 30. 31. with Matth, Westin. Huntingdon, Polychronicon, Geoffry Mommoth, holinsh. Graf●on, Speed, and others in his life. Archigallo, one of our ancient British Kings, in times of Paganism; Who giving himself to all dissension and strife, imagining causes against his Nobles, to put them from their goods and dignities, setting up ignoble persons in their places, and plucking away by sinister, wrongful means from the rich their wealth and goods, by which he enriched himself, and impoverished his Subjects; was for these his conditions murmured against by his Subjects; who of one assent lastly took and deprived him of all Kingly honour and dignity, when he had Reigned almost five years, making his Brother Elidurus' King of Britain, by one assent, in the year of the world, 4915. Who after five years good Reign, feigning himself sick, assembled the Barons of the Land, and by his discreet words, and bearing loving carriage, Persuaded them to restore Archigallo to his former honour and regalty; and thereupon assembling a Council of his Britain's at York, caused such means to be made to the Commons, that in conclusion he resigned his Crown to Archigallo: Who being thus restored to his Crown by joint consent of the people, remembered well the evil life that before time he had led, and the punishment he had suffered for the same. Wherefore for eschewing the like danger, he changed all his old conditions and became a good and righteous man, ministering to the people equity and justice, and bore himself so nobly towards his Lords and Rulers, that he was beloved and dread of all his Subjects, and so continued during the term of his natural life. Nor yet to remember r Fabian, part 2. c. 46. p. 34. Geoffry Mommoth, Huntingdon, Matthew Westm. Polychron, holinsh. Grafton, Speed, in his life. Emerian, another old British King, who for misordering of his people was deposed by them, in the sixth year of his reign, and Ydwallo promoted to the Kingdom; who taught by Emerian his punishment, behaved himself justly all the time of his reign: or any more such precedents before the Conquest. We find the s Matth. Paris, hist. Angl. p. 264. to 280. Speed, p. 585. etc. Hollinshead Grafton, Stow, Daniel, Walsingham. Popish Barons, Prelates, and Commons, disavowing King john, whom they had formerly elected King, for making war upon them, and wasting, burning and spoiling the Kingdom like an Enemy, and electing Lewis of France for their King, to whom they did homage and fealty: There are none so ignorant but know, that the Popish Prelates, Lords and Commons in Parliament, t Walsingham, hist. Angl. p. 398. etc. Fabian, part. 7. p. 345. Polychron. l. ult. c. 9 Hollinshead, Grafton, & Speed, p. 758 to 766. Anno 1327. deposed King Edward the second their natural King, for his misgovernment, and following and protecting ill Counsellors, enforcing him by way of compliment to resign his Crown, threatening else, that they would never endure him, nor any of his Children, as their Sovereign, but disclaiming all homage and fealty, would elect some other for King not of his blood, whom themselves should think most fit and able to defend the kingdom. After which they elected and crowned his son Edward the third for their King. That Anno 1399. u Walsingham Hol. Fab. Speed, p. 680. to 697. King Richard the second, for sundry misdemeanours objected against him in 32. Articles in Parliament, and breach of his Coronation Oath, was judicially deposed by a Popish Parliament, by a definitive sentence of deposition given against him, which you may read at large in our Historians, and Henry the fourth elected and created King in his stead: In both which depositions the Popish Prelates were chief actors. x Speed, p. 869. 878. 879. 887. holinsh. Polychronicon, Fabian, Grafton, Hall, Stow, Cax●on in their lives. Anno 1462. King Henry the sixth, Queen Margaret and Prince Edward their Son were by a popish Parliament disinherited of their right to the Crown; and Edward the fourth made King: after which King Henry was by another Parliament recrowned, and reestablished in his kingdom, and Edward the fourth declared a Traitor and usurper of the Crown. And not long after, Edward taking King Henry prisoner, and causing him to be murdered in the Tower, another Popish Parliament, Anno 1472. abrogated King Henry's Laws, and reestablished King Edward. All this have our Popish Parliaments, Prelates, Lords and Commons formerly done, and that rightly and legally, as they then supposed; which far transcends the highest strains of pretended encroachments on his Majesty's royalties by the present Parliament. Secondly, our Popish Parliaments, Peers and Prelates have oft translated the Crown from the right heirs, & settled it on others who had no lawful right or title to it, electing and acknowledging them for their only Sovereign Lords; in which actions the Popish Prelates and Clergy were commonly the Ringleaders: witness their y Speed p. 410 411▪ 425, 426▪ 404. to 407. 410. 416. 418 419. 455▪ 456. 466, 467. 548, 549, 550, 590, 591. 762. See Matthew Paris, Matth. West. Malmsbu. Hunt. Eadmerus Fabian, Walsing. Caxton, Polych. Polydor, Virgil. Hall, Graf●on, Stow, How, Hol. Hayward, Martin, Daniel, and Sir Rich. Baker in their several lives of these King's. electing and crowning of Edward, who was illegitimate, and putting by Ethelred the right heir after Edgar's decease, An. 975. Their electing and Crowning Canutus' King, a mere foreigner, in opposition to Edmund the right heir to King Ethelred, Anno 1016. Of Harold and Hardiknute, both elected and crowned Kings successively without title, Edmund and Alfred the right heirs being dispossessed, and the latter imprisoned a●d tortured to death, Anno 1036. and 1040. yet after Hardiknutes' decease Edward (surnamed the Confessor) was chosen King by consent of Parliament. And the English Nobilities, upon the death of King Harold, enacted, That none of the Danish blood should any more reign over them. After this King's death, Edgar Etheling who had best title, was rejected, and Harold elected and crowned King: so after William the Conqueror's decease, Anno 1087. Robert the elder brother was pretermitted, and William Rufus the younger brother crowned and established in the Throne: After whose death Henry the first, his younger brother (though not next heir) was elected King by the Clergy, Nobles and Commons, (who refused to admit of any King but with capitulations and caveats to their own liking) upon fair promises for reforming bad and rigorous Laws, remission of Taxes exacted on the Subjects, and punishment of the chief causers of them, and a solemn Oath to frame good Laws, and ratify Saint Edward's Laws; all which he really performed. So after the death of Richard the first, john Earl of Morton was established and crowned King, and his Nephew Arthur, the right heir, disinherited. And he dying, his son Henry the third was elected and crowned, and Lewis (made King in his father's life by the Barons) removed. The like we find in the case of K. Henry 4. K. Edw. 4. and Richard the third, made Kings by Acts of Parliament, by our Popish Prelates and Nobles with the Commons consent, upon unlawful or doubtful Titles, by way of usurpation, and the right hereditary line put by. Such a transcendent power and jurisdiction as this to disinherit the right heir and transfer the Crown to whom they thought meetest, neither the present nor any other Protestant Parliaments, Peers or Subjects ever exercised, though Popish Parliaments, Prelates, Lords, and Commons have thus frequently done it; of which you may read more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited. Thirdly, the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the King's name, and forced the King to call a Parliament without and against his full consent. Thus Anno 1214. z Mat. Paris hist. p. 243. to 255. Daniel, p. 142, 143, 144. the Barons petitioned Kings john to confirm Magna Charta and their Liberties tendered to him; who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdom? and swore, that he would never grant those Liberties whereby himself should be made a servant: So harsh a thing is it (writes Daniel) to a power that hath once gotten out into the wide liberty of his will, to hear again of any reducing within his circle: not considering, how those who inherit Offices succeed in the Obligation of them, and that the most certain means to preserve unto a King his kingdom, is to possess them with the same conditions that he hath inherited them. The Barons hereupon raise a great Army at Stamford, wherein were 2000 Knights besides Esquires, constituting Robert Fitz-Walter their General, intituling him, the Marshal of the Army of God and holy Church; seize upon the King's Castles: and the Londoners sending them a privy message to join with them, and deliver up the City to be guided by their discretion: thither they repair, and are joyfully received under pact of their indemnity. After which they sent Letters to the Earls, Barons, and Knights throughout England, who seemed (although feignedly) to adhere to the King, exhorting them with a commination, that as they loved the indemnity of their goods and possessions, they should desert a perjured King, and that adhering faithfully to them, they should with them stand immovably, and effectually contend for the Liberties and peace of the kingdom. which if they contemned to do, they would with Arms and Banners displayed, march against them as public enemies, subvert their Castles, burn their houses, and edifices, and not cease to destroy their Ponds, Parkes, and Orchards: Whereupon all the Lords, Knights, and people deserting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons. The King seeing himself generally forsaken, counterfeits the Seals of the Bishops, and writes in their names to all Nations; that the English were all turned Apostates, and whosoever would come to invade them, he, by the Pope's consent, would confer upon them all their lands and possessions. But this devise working no effect in regard of the little credit they gave to and confidence they had in the King, the truth being known, all men detested such wickednesses and forgeries, and so the King fell into his own snares; Hereupon the King fearing the Barons would take all his Castles without any obstacle, though he conceived an inexorable hatred against them in his heart, yet he craftily dissembled, that he would make peace with them for the present; ut cum furtim surrexisset, in dissipata agmina acrius se vindicaret; & qui in omnes non poterat, in singulos desaeviret. Wherefore sending William Marshal Earl of Pembroke to them, with other credible messengers, he certified them, that for the good of peace, and the exaltation and honour of his kingdom, he would gladly grant them the Laws and Liberties they desired; commanding the Lords by the same messengers that they should provide a fit day and place, where they might meet and prosecute all these things: Who related all these things deceitfully imposed on them, without fraud to the Barons at London; who appointed the King a day to come and confer with them in a Mead between Stanes and Windsor, called Running-meade; on the 15. day of june. Where both parties meeting at the day, and conferring, the King perceiving his forces too weak for the Barons, who were innumerable, easily granted their subscribed Laws and Liberties without difficulty, and confirmed them with his Charter, Hand, Seale, Oath, Proclamations, and other assurances, which you shall hear anon: This meeting Daniel and others style a Parliament (as well as that at a Matth. Paris p 96 97. Daniel p. 85. Clarindon and other assemblies in the open field) the great Charter being therein first confirmed; which Parliament the King by force of Arms was constrained to summon. So b Matth. Paris p. 324. 325. Daniel. p. 151. 152. Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford, pretending that he was under age when he sealed and granted it at first, and so a ●●llity: Hereupon the Barons confederate by Oath, and put themselves in Arms at Stamford, from whence they sent to the King, requiring him to make restitution without delay of the Liberties of the Forests lately canceled at Oxford, otherwise they would compel him thereto with the sword; to avoid which danger he was enforced to summon a Parliament at Northampton, where a concord was concluded on all hands, Anno 1226. and so the Parliament broke up, c Matth. Paris p. 420. 421. 430. 451. 452. See Matth. West. Polychronicon, Fabian, Holling▪ Graf●on, Dan. p. 157. 158. Anno 1237. Henry the third incensing his Nobility and generally all his Subjects, by his entertainment of Forainers by whom he was ruled, by marrying his sister Elinor to Simon de Monfort a banished Frenchman, and his oppressions, contrary to his Oath and promise in Parl. that year, put them into a new commotion, who thereupon made a harsh Remonstrance of their grievances to him, by his brother Richard, by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constrain the King (if he refused) to the reformation of his courses. d Matth. Paris, p. 938 940 941. 942. Dan. p. 177. 179. Anno 1250. King Henry is again enforced by the Barons and 24 Peers to call a Parliament at Oxford and at London against his will, and to assent to ordinances therein made: And Anno 1264. he was likewise constrained to call two other Parliaments at London, and to assent to the new Ordinances therein proposed, which he did only to get time and circumvent the Barons. e Walsingh. Hist p. 70 71. See Fabian, Hollinshead, Graft▪ Speed, Daniel, in 3. & 4. E. 2. Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament, and to banish his Minion Pierce Gaveston against his will. f Walsingham, Hist. p. 90. 91, 92, 93. Exilium Hugonis le Despenser, in Magn● Charta. part. 2. f. 50. to 57 See holin. Fabian, Speed, Grafton, Daniel, in 14. & 15. E. 2. In the 14. and 15. years of this King, the Barons raising an Army by force of Arms compelled him to summon a Parliament at Westminster, and to pass an Act for the banishment of these two great Favourites the Spensers who miscounselled and seduced him, and oppressed his people. g Hist. p. 107. 108. Ypodigm. Neustr. p. 109. 110. And in the last year of this King's reign, his Popish Prelates, Nobles, and Commons, taking him prisoner, summoned a Parliament in his name much against his will: wherein for his misgovernment, they enforced him to resign his Crown; deposed him, renounced their allegiance to him, and set up his son King Edward the third in his Throne; as you may read at large in Walsingham, Polychronicon, Caxton, Fabian, Grafton, Hollinshead, Speed, Stow, Howes, Daniel, Mr. Fox, and others who have written the History of his life. In the year 1341. (the 15. of Edward the third his reign) the Popish Lords, Prelates, and Commons in Ireland, summoned a Parliament there by their own authority, without, and against the Kings or Deputies consents; wherein they framed divers Questions and Articles against the King's Ministers there employed, (which the Irish h In Cambd. Britan. the last English edition p. 188. Annals record at large) refusing to appear at the Parliament there summoned by the King's authority and Officers. I read in the Statute of 21 R. 2. c. 12. (and our i Grafton, Trysse●. H●l●inshead, Speed, Walshingham, in 10 & 11▪ & 21. 2. Historians have a touch of it.) That the Duke of Gloucester, and the Earls of Arundel and Warwick assembled forcibly and in great number at Harengy, and so came in such manner forcibly to the King's Palace at Westminster, arrayed in manner of mar, that the King might not then resist them without great peril of his body and destruction of his people: so that by coercion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our L●dy, the eleventh year of his reign: Which Parliament so begun, the said Duke and Earls in such forcible manner continued; and in the same did give many and divers judgements, as well of death of man as otherwise, upon divers of the King's liege people, and did give judgement of forfeitures of lands, tenements, goods, and cattles, whereof they be convict of high Treason; and also for certain questions, which were demanded by the King touching his estate and regality, of certain of his judges, then at Nottingham the same year. And for their answers of the same, given to the King upon the same questions, the same justices were forejudged of their lives, and judgement given against them of forfaiting their Lands, Goods, and Chattels; and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will, the summons whereof was made expressly against the right of the King's Crown, and contrary to the Liberty and Franchese of his person and Royal estate: Whereupon it was by this packed overawed Parliament, and Act, annulled, revoked, and holden as none; as a thing done without Authority, and against the will and liberty of the King, and the right of his Crown. Yet it continued in full force for 10. years' space, during which time there were 8 Parliaments held which would not repeal it: and by the Parliament in 1 H. 4. c. 3, 4. this Parliament of 21 R. 2. was repealed, with all the circumstances, and dependants thereof; the Parliament and Statutes of 11 R. 2. Revived, and enacted to be firmly holden and kept after the purport and effect of the same, as a thing made for the great honour and common profit of this Realm. After this in the 23 year of King Richard the third, when he had yielded himself prisoner to Henry Duke of Lancaster; the Duke coming with him to London, sent out k Walsin. Fab. Holinsh. Speed, Hall, Graf. Trussel, Hows, in 23 R. 2. & 1 H. 4. Fox Acts and Mon. vol. 1. edit. ult. p. 67 1, 677 summons for a Parliament to be holden the last of September, in the King's name, (sore against his will) and enforced him first to resign his Crown unto him, and afterwards caused him to be judicially and solemnly deposed by consent of all the States of the Realm in Parliament, for certain abuses in his Government objected against him; The whole manner of which resignation, deprivation, and proceedings, you may read at large in our Histories. These Popish Prelates, Lords and Commons, enforcing their Kings to summon all these Parliaments, (with others which I pretermit) might seem to have some legal colour from the ancient Law of King Alfred; who in an assembly of Parliament l Horn's Mirror of justices, c. 1. sect. 3. p. 10. Cook's Instit. on Lit. f. 110. and 9 Report in the Preface, Spelm. Concil. Tom. ●. p. 347. Enacted this for a perpetual Custom: That a Parliament should be called together at London TWICE EVERY YEAR, OR OFTENER, in time of Peace, to keep the people of God from sin, that they might live in peace, and receive right by certain usages and holy judgements And from the Statutes of 4 E. 3. c. 4. & 36 E. 3. c. 10. (backing this ancient Law) which enact: That for the maintenance of the Laws and Statutes, and redress of divers mischiefs and grievances which daily happen, a Parliament shall be holden EVERY YEAR ONCE, and MORE OFTEN IF NEED BE. Now these Laws would have been merely void and ineffectual, if these Kings, who were obliged by their Coronation Oaths to observe them, refusing to call a Parliament as often as there was need, or at least once every year, according to the purport of these Laws, might not be constrained by their Nobles, Prelates, people to summon them, in case they peremptorily refused to call them of their own accords, or upon the motion or petition of their Counsel, Lords and Commons. Whereupon in the Bill newly passed this Session, for a Triennial Parliament, for time to come, there is special provision made how the Parliament shall be summoned and convented by the Lords, Commons, and great Officers of the Realm, themselves, without the King's concurrent assent, (though by his Writ and in his name) in case of his neglect or wilful refusal to summon one within that time. Neither is this a thing unusual in other parts. In the m Surius tom. 1. Concil. p. 342. General Council of Nice An. 363. Canon 5. it was decreed; That a Council should be held TWICE EVERY YEAR in every Province to regulate the affairs and abuses of the Church. The n Surius tom. 1. p. 407. Council of Antioch, Can. 20. appoints two Counsels to be held every year in every Province, the one the third week after Easter, the other upon the 15. of October: to hear and determine all Ecclesiastical causes and controversies. And in the 1. o Surius tom. 3. p. 488. 574, 575. 732. Tom: 2, p. 203. 675, 728. 754. 603. 605, 641, 642. 643. 892, 695. 713. 1042. 715 685. Gratian, Distirct. 18. luo Carnot. Decret. pars 4. c. 241, 243, 244, Spel. Concil. tom. 1. p. 153. Council of Constantinople, Can. 3. The Council of Africa, Can. 18. Pope Leo the first, in his Decretal Epistles, Epist. 4. c. 17. The Counsel of Chalcedon, Can. 19 the third Counsel of Toledo under King Reccaredus, An. 600. cap. 18. the fourth Counsel of Toledo, under King Sisenandus, An. 681. The Greek Synods, Collected by Martin Bishop of Bracara, cap. 18. the second Counsel of Aurelia, Can. 2. the third at the same place Can. 1. and the fourth, Can. 37. the second Synod of Towers, Can. 1. the fifth Counsel of Aurelia, cap. 22. the Counsel at Hereford, under King Egfred, An. 670. in Beda's Ecclesiast. Hist. l. 4. t. 5. Pope Gregory the first in his Decretal Epistles, lib. 7. Registri, Epist. 110. the sixth Counsel of Constantinople, Can. 8. the Counsel of Antricum, Can. 7. the Counsel of Maseon, Can. 20. p Surius tom. 3. p. 24. 4●. 42, 406, Pope Gregory the third his Decretal Epistles. The Synod of Suessons, under King Childeric, the Counsel under King Pepin, at the Palace of Vernis, An. 755. cap. 4. The Counsel of Paris, under Lewis, and Lothaire, An. 829. l. 3. cap. 11. The Counsel of Melden, An. 845. cap. 32. With sundry other Counsels, decree, that a Synod or Counsel shall be kept twice (or at the lest once) every year, at a certain time and place in every Province; that all Bishops and others, unless hindered by sickness, or other inevitable occasions, should be present at it, and not depart from it till all businesses were ended, and the Counsel determined, under pain of excommunication; that Kings by their mandates should not interrupt these Counsels, nor keep back any Members from them. And to the end they might be the more duly observed without interruption for want of a new Summons; they likewise decreed; That before the Counsels determined, they should still appoint both the day and place, when and where the next Counsel should assemble, of which every one was to take notice, and to appear there at his peril, under pain of excommunication and other censure, without any new citation. Yea, the Great q Surius tom. 4. p. 44. Counsel of Basil, An. 1431. Session 15. provides and decrees; That in every Province an annual, or at least a biennial or triennial Counsel at farthest, shall be kept at a set time and place, where none should fail to meet under pain of forfaiting half their annual Revenues; And if the Metropolitan, without lawful impediment, should neglect to summon such Counsels at the times appointed; he should for his first default forfeit the moiety of his Revenues; and if within three months after he neglected to summon the said Counsel, than he was to be suspended from all his Offices and Benefices, and the ancientest, or most eminent Bishop in the Province in his default, or any other that by custom ought to do it, was to supply his neglect in assembling and holding the Counsel. As it was thus in summoning Counsels, for the government of the Church, and Ecclesiastical affairs: (many of which Counsels, as is evident by r See H. Spel. Cencil. tom. 1, p. 529. Sigibert, An. 528. Eadm. hist. Nonor. l. 3. p. 67. Con. Tole. 8. 12 and others Aquisgra. Conc. sub Ludovico Pio. divers Saxon, British, Spanish, French Counsels, were no other but Parliaments, wherein the King and all temporal estates assembled, and sat in Counsel as well as the Prelates and Clergy, as they did as well in general, as in national and Provincial Counsels;) so likewise in calling Diets, Parliaments, and General Assemblies of the Estates, for settling and ordering the Civil affairs of Kingdoms. Not to mention the power of assembling the Roman Senate, residing principally in the Consuls, as s Commonw. l. 3. c. 1. Bodin proves at large. In the t Hieronymus Blanca Aragonensium Rerum comment. p. 764 etc. 688, 689. 723, 724. kingdom of Arragon in Spain, of ancient times by an ancient statute of that Kingdom, a Parliament or general assembly of the States was to assemble at a set time and place, once every year at least, and of later times by other Laws, once every second year. Neither can the King of Arragon hinder or adjourn this Assembly above forty days at most, nor adjourn or dissolve it when met, but BY THE GENERAL CONSENT OF ALL THE COURT. And during the Interregnum, when there is no King, the Estates themselves have power to assemble and make Laws, not only to bind themselves, but the succeeding King: As they may likewise do in Hungary; where the u Nichol. Isth. de Rebus Vng. hist. l. 6. f. 84. 85 Grand Palatine (elected by the Estates of Hungary always in their Parliament, not the King) during the Interregnum hath power to call a Parliament or general assembly of the States of Hungary, to make obligatory Laws, as well to succeeding Kings as to the kingdom. * Arago Rerum Comment. p. 762 763. Hieronymus Blanca recites this Law of King james of Arragon, for altering their Annual into a biennial Parliament. Cum in Curiis, quas Reges suis subditis celebrant, ea quae sunt ad conservationem pacis, ac justitiae, & Statum pacificum Regni, & Regimen subditorum, & ad tuitionem & augmentum Reipub: ordinent & disponant: Nos Jacobus Dei Gratia Aragonum Rex, Licet jam per illustrissimum Dominum Regem Petrum, recolendae memo●iae patrem nostrum, statutum fuisset in favorem Aragonensium; Quod ipse & sui Successores QUOLIBET ANNO eyes euriam celebraret in Civitate Caesar-Augustae, quod etiam statutum fuit per Dominum Regem Alfonsum clarae memoriae fratrem nos●rum, & per nos postmodum confirmatum. Nunc vero attendentes ad Communem utilitatem totius Regni Aragonum, quia loca ubi Curiae celebrantur, propter congregationem gentium magnum suscipiant incrementum; DE VOLUNTATE & ASSENSU Praelatorum, Religiosorum, Baronum, Mesnaderiorum, Militum, & Procuratorum Civitatum, Villarum, & Villariorum Aragonum, in hac Curia congregatorum: Statuimus, & perpetuo ordinamus, Quod de caetero nos & successores nostri faciamus, & celebremus Curiam generalem Aragonum DE BIENNIO IN BIENNIUM, in Festo omnium Sanctorum, in quacunque Civitate, V●lla, vel Villario Aragonum, ubi nobis, & successoribus nostris melius fuerit visum expedire; non obstantibus statuto & ordinationibus praelibatis. In aliis vero, Privilegio generali Aragonum, & Foris per nos jam editis, in suo robore duraturis. Et haec juramus per nos & successores nostros perpetuo observare. Et Praelati & Religiosi, qui in dicta Curia erant, haec firmarunt, & Barones, Mesnadarii, Milites, & Procuratores Civitatum, Villarum, & Villariorum similiter jurarunt. Which Law was afterwards somewhat altered, restraining these Parliaments to some Towns of great Receipt. And concerning the form of their Parliaments and their King's power to adjourn them, or not adjourn them, he writes thus. In Comitiis Respub: nostra quasi integrum quoddam fingitur corpus: cujus caput, censetur Rex: truncus vero corporis, ac membra in eo locata, ipsi Ordines; justitia autem Aragonum, collum, quod utrumque conjungit, & corporis, & eapitis faucibus adhaerescit. Ad nostra igitur comitia hi quatuor Ordines evocandi sunt. Evocantur autem singulatim per literas, quas apellamus, las Cartas dellamamiento. In his a Regibus proponitu● ratio consilii, quo ductus Comitia habenda decreverit; tum ipsorum Comitiorum dicitur dies, ac opportunus designatur locus. De eujus mutatione, anfieri possit, ab eodem Molino haec traduntur. Si in aliquo loco sunt semel convocatae Curiae generales, & inceptae, NON POTEST ILLAS MUTARE seu continuare dominus Rex ad alium locum Regni, NISI TOTA CURIA GENERALI CONSENTIENTE. Et idem paulo post. Tamen si Curiae generales nondum sunt integre congregatae, seu inceptae; tunc Dominus Rex, etiam sine Curia potest illas mandare continuari ad alium locum sibi bene visum. Et ista continuatio fiet per justitiam Aragonum, seu ejus Lo●um tenentem. Quibus poterit Dominus Rex mandare, quod illas continuent ad locum domino Regi bene visum. Ius est autem; Ne comitia nostra ultra quadraginta dies possunt differri. * Andrew Favine his Theatre of Honour. l. 2. c. 12. p. 175. 176. The Estates and Parliaments general of France, under the Kings of the second Line, met and held but twice in the year only, according to the Testimony of Hincmarus' Archbishop of Rheims, drawn from the Narration of the Abbot of Corbie Alard, who lived in the time of Charlemagne; under the Reign of King Lewis, called Sanctus, when France was in her flourishing Estate, and the Princes and Lords were of supple nature, ranking with the terms of duty and obedience, the Parliaments were ruled and assured at certain seasons of the year. For in times of Peace four Parliaments were holden yearly, or three at the least. And the same was used under the Reign of his Son Philip the Hardy, Third of the name. In the time of Philip de Bel. his Son, King of France and Navarre, they were reduced to two Parliaments yearly according to the ancient custom; One in Winter, and the other in Summer during Peace; and but one in Winter during War. (It appeareth nevertheless by the Registers of the Court, that by hindrance of war against the Rebellious Flemings, there was not any Parliament during some years;) And the King by his Ordinance, dated the Monday after Mid-lent, An. 1302. (set down in the Register of ancient Orders of Parliament, fol. 45.) Willed, that for the commodity of his Subjects there should be every year two Parliaments at Paris, and in other Provinces; as Andrew Favin Records: By which it is apparent, that Parliaments in France, Spain, and other kingdoms, were not arbitrarily called at the King's free pleasures as seldom as they pleased, but frequently summoned every year, once, twice, or more, at certain seasons, public Acts of Parliament, for the better government of these Realms, redress of grievances, and preservation of the people's Liberties against all royal encroachments on them. In Germany, though Diets and Assemblies of the States be commonly made by the Emperors, and in their names; yet, we find that the Prince's Electors, and Estates have assembled, not only without, but against the Emperor's consents, when they saw good cause; and not only questioned, but deposed their Emperors, and elected new in their steads, of which there are sundry precedents in the lives of x See Orimston, Aventinus, Naucl. Munster, Sabelli. Vsperg. Otho Frisingen. Herm. Schedel, Anton. Opinco●. Mat. Par. Mat. West. Walsing. & others in their lives and histories. Ludovicus pius, Henry the 1, 4, 5, 6, 7. frederic Barbarossa, Charles the Gross, Winceslaus, Philip, Otho the fourth, Ludovicus Bavarus, and others. In this regard therefore of forcing Kings to summon Parliaments (so frequent with Popish Prelates, Peers, Subjects, both in our own and other Realms) our present Protestant Parliament, and all others, since the Reformation, have been more moderate and dutiful, than those in times of Popery heretofore; or then the Popish Rebels in Ireland are now; y See their 35 Articles made at their general Assembly at Kilkenny 1642 who have lately at Kilkenny held a kind of Parliament, erected new Laws, and Officers of justice, enacted new Laws and Ordinances, as well Civil and criminal as Marshal, and done as much herein without the King's assent or Commission, as our King and Parliament could do, if conjoined. Fourthly, Our Popish Barons, Prelates and Commons, have refused to meet in Parliament when the King hath summoned them by his Writ. z Mat. Paris, a. 1233. p. 344 473. etc. Speed hist. p. 607. to 613, Daniel p. 154, 155. An. Dom. 1233. King Henry the third summoned his Earls and Barons to appear at a Parliament at Oxford, (where the King now resides;) but they all jointly sent him an express message that they would not come upon his summons, for that the King's person went guarded with Poictovines, and other strangers, who swayed and miscounselled him (as ill Counsellors do now the King) so as they could not there appear with safety: at which message the King grew very angry, resolving that they should be once, twice and thrice summoned to appear: Whereupon Roger Bacon, who usually preached before the King, freely told him, That if he did not remove from him Peter Bishop of Winchestor, and Peter de Rivallis (his malignant Counsellors) he could never be quiet: And Roger Bacon a Clergy man also of a pleasant wit, seconding Robert's advice, told the King, that Petrae and Rupes were most dangerous things at Sea, alluding to the Bishop's name, Petrus de Rupibus. The King hereupon coming a little to himself, and taking that good advice of * Who now give the King no such good advice Scholars which he would not of his Peers, summons another Parliament to be holden at Westminster, giving the world to know withal, that his purpose was, to amend by their advice whatsoever was to be amended. But the Barons considering, that still there arrived more and more strangers, men of war, with Horse and Arms (as now alas we see they do) and not trusting the Peictovine Faith (as we have now cause to mistrust the perfidious papists, and malignant Cavaliers) and seeing no footsteps of peace (our present condition) refused to come at the appointed day; sending the King word by solemn Messengers, that he should without any delay remove Peter Bishop of Winchester, and the other Poictovines out of his Court, which if he refu●ed, they all of them by the common consent of the whole kingdom, would drive him, with his wicked Counsellors, out of the Kingdom, and consult about creating a new King. These things thus acted, the King was much dejected in mind, and all his Court too, hanging down their heads, and fearing not a little, lest the errors of the Son should become worse than the Father's errors, whom his Subjects endeavouring to depose from his Royal Throne, almost detruded him to that name, which was given him by a certain presage; john the Banished: Wherefore he could easily have been drawn to redeem the love of his natural Liegemen, with the disgrace of a few strangers. But the Bishop of Winchester, with other his ill Counsellors, and Poictovine Cavaliers, counselled him to take up Arms against his rebellious Subjects, as they styled them, and to give their Castles and Lands to them, who would defend him and the kingdom of England from these Traitors, (The Counsel now given to his Majesty, by his ill Counselors and Cavaliers:) hereupon the King inclining to the worse part, raiseth an Army of Poictovine, & foreign Soldiers, which came to him being sent for out of Flanders, (from whence the King now hath many old Soldiers, and Commanders sent him) seizeth a Manor of Guilbert Basset's, a Noble man, given him by King john, calling him Traitor when he demanded it; sets down a day, wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty; and being at Gloucester with his Army,) whither the Lords refused to come, being required, (the King thereupon, as if they were Traitors, burns their Manors, destroys their Parks and Ponds, besiegeth their Castles, and without the judgement of his Court, and of their Peers, denounceth them exiles and banished men, gives their Lands to the Poictovines, and adding grief to grief, wound to wound, commanded their bodies to be apprehended where ever they were within the kingdom: he likewise sends a defiance to the Earl Martial, whose Lands he had wasted, who thereupon understood himself discharged of that obligation by which he was tied to the King, and free to make his defence; Whereupon, he seeing neither * Note. Faith, nor Oath, nor Peace to be kept by the King, or his ill Counselors, who contrary to their promise and Oath, refused to deliver up his Castle, which they promised to render to him, upon demand; he raiseth a great Army, and takes his Castle. On this the King upon better consideration, did again promise and affirm; That by advice of his great Council, all that was amiss should be rectified and amended; And at the day and place appointed, he holds a great conference with the Lords; But the evil Counsellors he followed, suffered him not to make good his promise. For when divers there present, greatly in the King's favour, with sundry Preachers and Friars, whom the King was wont to reverence and hearken to, Humbly beseeched, and earnestly exhorted the King to make peace with his Barons and Nobles, and to embrace them with due affection, The Parliaments present case. being his natural Subjects, whom without any judgement by their Peers he had banished, destroying their Manors, Woods, Parkes, Ponds; and being led and seduced by evil Counsels, less regarded his faithful Subjects, (whose native blood would not permit them to bow down) than Forainers; and which is worse, called them Traitors, by whom he ought to settle the peace, order the Counsels, and dispose the affairs of his kingdom: The Bishop of Winchester (offended it seems at Peers) takes the word out of the King's mouth, and answers; That there are not Peers in England, as in the Realm of France; and that therefore the King of England, by such justiciars as himself pleaseth to ordain, may banish any offenders out of the Realm, and by judicial process condemn them. Which insolent speech the English Bishops relished so harshly, that they presently with one voice threatened to accurse and excommunicate by name the King's principal wicked Counsellors; of whom Winchester being the foreman, appealed; whereupon they accursed (and I would our Bishops would do so now, if the God-dam-me Cavaliers accurse not themselves sufficiently) all such as alienated the heart of the King from his Subjects, and all others that perturbed the peace of the Realm; and so the hoped Accommodation vanished into greater discontents. Hereupon the Earl Martial and other Lords with their Forces, fell pell mel upon the King's Army, slew divers of his Foreigners; and in conclusion drew him to such straits, that enforced him to be capable of better advice: Then Edmund Archbishop of Canterbury elect, with other suffragan Bishops, bewailing the estate of the kingdom, presented themselves before the King at Westminster, telling him as his loyal liegeman (and O that some Bishop or faithful person, if there be any such about his Majesty, would now deal thus clearly with him, touching his evil Counsellors!) That the Counsel of Peter Bishop of Winchester, and his complices, which now he had and used, was not sound nor safe, but evil and dangerous to himself and his Realm: First, for that they hated and despised the English, call them Traitors, turning the King's heart from the love of the people, and the hearts of the people from him, as in the Earl Martial, whom (being one of the worthiest men of the Land) by sowing false tales they drove into discontentment. Secondly, that by the Counsel of the said Peter, his Father King john, first lost the hearts of his people, than Normandy, than other lands, and finally wasted all his treasure, and almost England also, and never after had quiet. Thirdly, that if the Subjects had now been handled according to Justice and law, & not by their ungodly Counsels, these present troubles had not happened, but the King's lands had remained undestroyed, his treasure unexhausted. Fourthly, that the King's Council is not the Council of peace but of perturbation, because they that cannot raise themselves by peace, must raise themselves by the troubles & dis-inherison of others. Fifthly, that they had the Treasure, Castles, Wardships, and strength of the kingdom in their hands, which they insolently abused, to the great hazard of the whole estate, for that they made no conscience of an Oath, Law, Justice, or the Church's censures. Therefore we, O King, speak of these things faithfully unto you, in the presence of God and man, and do counsel, beseech and admonish you, to remove such a Council from about you; and (as it is the usage in other Realms) govern yours by the faithful and sworn children thereof. To which the King in brief answered; That he could not suddenly put off his Council, and therefore prayed a short respite. * Speed lbid. Nothing had hitherto preserved the King more, Than that he could without grief forgo any favourites, if he were nearly pressed; the contrary quality whereof hath been the cause of final desolation to so many Princes. For though choice of Counsellors be for the most part free, yet by common intendment they should be good; or how ever they are, or are not; it is madness to hazard a Crown, or lose the love of a whole Nation, rather than to relinquish or diminish a particular dependence, for which the public must not be hazarded, nor subverted; The King therefore, in this point not infortunate, commands Bishop Peter from his Court, to keep residence at his Cure, without once meddling in State affairs, removes all his evil Counsellors, deprives them of their Offices, and puts good men in their places, and commands all Poictovians and Foreign Forces to depart the Realm, receives all his Nobles unto favour, restoring them to their lost Offices, Lands, Castles, admits them into his Court and Council; puts all his ill Counselors, and Delinquent Officers to their legal trials and fines. And for Peter Rivales, his Treasurer, he was so incensed against him for his ill Counsel, that he swore he would pluck out his eyes, were it not for reverence of his holy Orders. And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench, and shooting Rivales through with an angry eye, spoke thus to him. O thou Traitor, by thy wicked advice, I was drawn to set my Seal to those Treacherous Letters, for the destruction of the Earl Martial, the contents whereof were to me unknown; and by thine and such like Counsel, I banished my natural Subjects, and turned their minds and hearts from me. By thy bad counsel and thy complices, I was moved to make war upon them to my irreparable loss, and the dishonour of my Realm, in which enterprise I wasted my Treasure, and lost many worthy persons, together with much of my Royal respect. Therefore, I exact of thee an account, and thou shalt be carried to the Tower of London, to deliberate till I am satisfied. And thus were these civil wars and differences reconciled, ill Counsellors removed, enormities reform, Delinquents punished, (not without reducing store of coin to the King) and peace established in the kingdom. Which History, I have more largely recited, because most of its passages are Parallel to the Kings, and his evil Counsellors present proceedings, on the one hand, and to the Parliaments in some sort, on the other hand in the premises; and I doubt not but they will prove parallels in the conclusion, to the terror and just punishment of all ill counsellors, Cavalieres, and Delinquents, the contentment of all good Subjects joy, and re-establishment of our peace in truth and righteousness. To end the point proposed; * Walsing. Hist. p. 84. 44. & Ypod. Neust. p. 101. Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London; But many of the Lords refused to come, pretending causes and impediments, by which their absence might well be excused, and so this Parliament took no effect, and nothing was done therein. In this particular then Popish Prelates, Lords and Commons, have exceeded Protestants in this, or any other Parliament. Fifthly, Popish Parliaments, Prelates, Lords and Subjects have by Force of Arms compelled their Kings to grant and confirm their Laws, Liberties, Charters, Privileges, with their Seals, Oaths, Proclamations, the Pope's Bulls, Prelates Excommunications; and to pass, confirm, or repeal Acts of Parliament against their wills. Thus the Barons, Prelates, and Commons, by open war and Arms enforced both a Mat. Pa. An. 1214, 1215. p. 240 to 256. 〈◊〉 Matth. West. & Walsingh. Ypod. Neust An. 1214 1215. Fabian, Caxton, holin. Grafton, Daniel in the life of K. John & Hen. 3. Speed, Hist p. 578. to 637. King john, and King Henry the third, to confirm Magna Charta, and Charta de Foresta (both in and out of Parliament) sundry times with their hands, Seals, Oaths, Proclamations, and their Bishop's Excommunications, taking a solemn Oath one after another at Saint edmond's, upon the High Altar, 1214. That if King John should refuse to grant these Laws and Liberties, they would wage war against him so long, and withdraw themselves from their Allegiance to him, until he should confirm to them by a Charter ratified with his Scale, all things which they required: And that if the King should afterwards peradventure recede from his own Oath, as they verily believed he would, by reason of his double dealing, they would forthwith, by seizing on his Castles, compel him to give satisfaction; Which they accordingly performed, as our Histories at large relate. Yea, when they had enforced King b Matth. Par. p 252. Sp. Hol. accordingly. john thus to ratify these Charters, for the better maintenance of them, they elected 25. Barons to be the Conservators of their Privileges, who by the King's appointment (though much against his liking, as afterwards appeared) took an Oath upon their Souls, that with all diligence they would observe these Charters, & Regem cogerent; and would COMPEL THE KING, if he should chance to repent, to observe them; All the rest of the Lords and Barons, than likewise taking another Oath, to obey the commands of the 25. Barons. After this c Matth. Per. An. 1258. p. 9 940, 941. Mat. Westmin. 1258. Walsingh. Ypod. Neustr. p. 61. Sp. p 635. Hol. Grafton, Daniel, Polychron. Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford, whither the Lords came armed with great Troops of men for fear of the Poictovines, to prevent treachery and civil wars, and the Kings bringing in of Foreign force, against his natural Subjects; to which end they caused the Seaports to be shut up, and guarded. The Parliament being begun, the Lords propounded sundry Articles to the King, which they had immutably resolved on, to which they required his assent. The chief points whereof were these: That the King should firmly keep and conserve the Charter and Liberties of England, which King John his Father made, granted, and ratified with an Oath, and which himself had so often granted, and sworn to maintain inviolable, and caused all the infringers of it, to be horribly excommunicated by all the Bishops of England, in his own presence, and of all his Barons; and himself was one of the Excommunicators. That such a one should be made their Chief justice, who would judge according to Right, without respect to poor or rich. With other things concerning the kingdom, to the common utility, peace, and honour of the King and kingdom. To these their necessary Counsels and provisions, they did frequently, and most constantly, by way of advice, desire the King to condescend, swearing and giving their mutual Faith and hands one to another; That they would not desist to prosecute their purpose, neither for loss of money or Lands, nor love, nor hate; no nor yet for life or death of them or theirs; till they had cleared England (to which they and their forefathers were borne) from upstarts and aliens, and procured laudable Laws. The King hearing this, and that they came tightly armed that so he and his aliens might be enforced, if they would not willingly assent, took his corporal Oath (and his Son Prince Edward also) that he would submit to their Counsels, and all those their Ordinances, for fear of perpetual imprisonment; The Lords having by an Edict, threatened death to all that resisted: Which done, all the Peers and Prelates took their Oath; To be faithful to this their Ordinance; and made all who would abide in the Kingdom, to swear they would stand to the trial of their Peers; the Arch-Bishops and Bishops solemnly accursing all that should rebel against it. And Richard King of Romans, the King's younger brother coming soon after into England to visit the King and his own Lands, the d Matth. Par. p. 952, 953. Speed, p. 636. Barons enforced him (according to his promise sent them in writing before his arrival) to take this Oath, as soon as he landed, in the Chapterhouse at Canterbury. Hear all men that I Richard Earl of Cornewal, swear upon the holy Gospels, to be faithful and forward to reform with you the Kingdom of England, hitherto by the Counsel of wicked men so much deformed. And I will be an effectual coadjutor to expel the Rebels and troublers of the Realm from out of the same. This Oath will I observe under pain to forfeit all my Lands I have in England. To such a high strain as this, did these Popish Parliaments, Prelates, Peers, and Commons screw up their jurisdictions, to preserve themselves and the kingdom from slavery and desolation; whom Matthew Paris his continuer, for this service styles, e Histor. Angliae, p. 953. Angliae Reipublicae Zelatores: the Zelots of the English Republic. Neither is this their example singular, but backed with other precedents. In the second and third years of King Edward the second, f Walsingh. Ypod. Neust. An. 1309, 1310. Hist. Ang. p. 70. 1077. S. p. 608. etc. with Hol. Stow, Grafton, How, Daniel, & others. Fox. Act. & Mon. vol. 1. Ed ult. p. 4 so, 481. Piers Gaves●on his great, proud, insolent, covetous, unworthy Favourite, miscounselling and seducing the young King, (from whom he had been banished by his Father) & swaying all things at his pleasure, the Peers and Nobles of the Realm, seeing themselves contemned, and that foreign upstart preferred before them all, came to the King, and humbly entreated him, That he would manage the Affairs of his Kingdom, by the Counsels of his Barons, by whom he might not only become more cautious, but more safe from incumbent dangers; the King Voce tenus, consented to them, and at their instance summoned a Parliament at London, to which he commanded all that aught to be present, to repair. Where, upon serious debate, they earnestly demanded of the King, free liberty for the Barons to compose certain Articles profitable to himself, to his kingdom, and to the Church of England: The King imagining that they would order Piers to be banished, a long time denied to grant their demand, but at last, at the importunate instance of them all, he gave his assent, and swore he would ratify, and observe what ever the Nobles should ordain: The Articles being drawn up, and agreed by common consent, they propounded them to the King; and by their importunity, much against his well-liking, caused him to ratify them with his Seal, and to take his corporal Oath, to observe them: Which done, the Archbishop of Canterbury with his Suffragans, solemnly denounced a sentence of excommunication against all who should contradict these Articles; which they caused to be openly read in Paul's Church London, in the presence of the Prelates, Lords and Commons of the whole kingdom, the King being present; Among which Articles they demanded; That Magna Charta, with other provisions necessary to the Church and Realm, should be observed, that the King as his Father had commanded, should thrust all Strangers out of his Court and kingdom, and remove ill Counselors from him: That he would thenceforth order all the affairs of the kingdom by the Counsel of the Clergy and Lords; and begin no war, nor depart any where out of the kingdom without common consent. The King consented to the Articles, and banished Peers into Ireland. No * Note the credit of Princes Regal promises and Protestations. sooner was the Parliament dissolved, but the King neglecting his Father's solemn adjurations, together with his own Oath, never to reduce Piers, sends for him back to his Court, marrieth him to the Countess of Gloucester, his own sister's daughter, showeth him more favour than ever; Resolving with himself to retain this Gaveston, mangre all his Earls, Barons, and for the love of him, to put his Crown and life in peril, when time should serve: In which, whether the King or his Favourite showed less discretion, it is not at the first easily determined; it being as unsafe for the one with so offensive behaviour to affect immoderate show and use of grace, as for the other, to the injury of his name and Realm, to bestow the same. But upon the Queen's complaint to the King of France her Brother, of Piers his insolence and prodigality, and on the Baron's message to the King by common consent; That he should banish Piers from his company, and observe the effect of the foresaid Articles, or else they would certainly rise up against him as a perjured person by a like vow (which speech seemed hard to the King, because he knew not how to want Piers, but yet discerned that more danger would spring up if he obeyed not the Lords Petition;) Piers rather by the King's permission, then good liking, did the third time abjure the Realm with this proviso; that if at any time afterward he were taken in England, he should be forthwith put to death as a perilous enemy to the Kingdom: yet he returning in Christmas to the King at York, the Lords spiritual and temporal, to preserve the Liberties of the Church, the kingdom, and remove this Viper, elected Tho. Earl of Lancaster for their General, and sent honourable messengers to the King, requesting him, to deliver Piersinto their hands, or drive him from his company out of England, as being persuaded, while that King-bane breathed, peace could never be maintained in the Realm, nor the King abound intreasure, nor the Queen enjoy his love. But the wilful King would not condescend. Whereupon the Lords thus contemned and deluded, presently raise an Army, and march with all speed towards Newcastle, not to offer injury, or molestation to the King, writes Walsingham, (the case and purpose of the pre●ent Parliaments Army) but that they might apprehend Piers himself, and judge him according to the Laws enacted. Which when the King heard, he fled together with Piers to Tynemouth, and from thence to Scarborough Castle. Where Piers was forced to yield himself, upon condition to speak but once more with the king. And then carried to Warwick Castle, where he had his head struck off, at the command, and in the presence of the Earls of Lancaster, Warwick, and Hereford; as one who had been a subverter of the Laws, and an open Traitor to the kingdom, and that without any judicial proceedings or trial of his Peers, though an Earl, and so dear a Favourite of the Kings. Which bred a lasting hatred between the King and his Nobles: Who being afterwards charged by the King in Parliament with their contempt against him, in the spoils committed by them at Newcastle, and wickedly killing Piers: they stoutly answered, That they had not offended in any point, but deserved his royal favour, for that they had not gathered force against him, but against the public enemy of the Realm: And then obtained an Act of Pardon that no man should be questioned for Gavestons' return or death, printed in old g Totles' Magna Charta, part. 2. f. 50. to 57 Magna Charta. Not long after, this unfortunate King doting upon the two h Walsin. Hist. p. 90. to 110. Ypod. Neust. p. 195. to 111. Speeds Hist. p. 674. to 683. See Fabian, holin. Graf. Thomas de la More, Higden, Caxt●n, Daniel, in his life. Spencers as much as ever he did on Gaves●on, to whom they succeeded, not only in pride, rapine, oppression and intolerable insolences, but even in height of familiarity and power with the King. So as they ruled and lead the King as they pleased, in so much that no Earl, Baron, or Bishop was able to dispatch any thing in Court without their advice and favour, which made them generally envied of all, because they domineered over all. The Lords and Barons hereupon, confederated together to live and die for justice, and to their power to destroy the Traitors of the Realm, especially the two Spencers: And meeting together with their forces at Shirborne, Thomas of Lancaster being their Captain; they took an oath to prosecute their design to the division of soul and body: Then they spoiled these Spencers and their friends goods, take their Castles by violence, waste their Manors through malice, slay their servants, utterly omitting the usual ways of Law and equity, and following the impetuousness of their minds they march on to Saint Albon with Ensigns displayed, and sent solemn messengers to the King then at London, commanding him, not only to rid his Court, but kingdom too, of the Traitors of the Realm, the Spencers, condemned in many Articles (which they had framed against them) by the Commonalty of the Realm, if he loved the peace of the Kingdom. And they further required the King to grant letters Patents of indemnity, to themselves and all such as had boar arms in their company, that they should not be punished by the King or any other for their forepast or present transgressions. The King denied both these demands at first, as unjust and illegal; swearing, that he would not violate his Coronation Oath, in granting such a pardon to contemptuous Delinquents. Whereupon running to their arms, they marched up to London, entered the City, and to avoid danger, the King (through the Queens and others mediation) condescended to their desires, passing an Act for the Spencer's banishment, and the Baron's indemnities; which you may read in ancient h Part. 2 f. 50. Magna Chartaes'. Upon this the Barons departed, neither merry nor secure, despairing of the King's Benevolence; which made them go always armed, and to retire to safe places. The King soon after, recalling the Spencers, reversed the sentence against them as erroneous, gathers an Army, encounters and defeats the Barons, and puts many of them to death by these Spencers procurements; who not content with their blood, procured also the confiscation of their goods and inheritances: Whereupon getting into greater favour and power then before, puffed up with their good success and new honours, they discontented not only the Nobles, but Queen too; who going over into France with her son, the Prince, (whose lives these favourites attempted) She raised an Army beyond the Seas, and returning with it into England, most of the Lords and Commons resorted to her, and fell off from the King: who being destitute of friends and means, demanded assistance of the City of London, whose answer was; That they would honour with all duty the King, the Queen and Prince, but would shut their gates against Foreiners and Traitors to the Realm, and with all their power withstand them. And under the name of john of Eltham the King's second son, whom they proclaimed Custos of the City & of the Land, they got the Tower of London into their possession, placing and displacing the Garrison and Officers therein as they pleased. The King hereupon (after he had commanded all men to destroy, and kill the Queen's partakers, none excepted but herself, her son, and the Earl of Kent, and that none upon pain of death, and loss of all that they might lose, should aid or assist them, and that he should have a 1000 l. who did bring the Lord Mortimer's head) f●ies to Bristol, in the Castle whereof the elder Spen●er was taken by the Queen's Forces, and without any formal trial, cruelly cut up alive, and quartered; being first at the clamours of the people, 〈◊〉 and hanged in his proper armour upon the common Gallows without the City: After which the King forsaken of all his Subjects flies into Wales for shelter, where he was taken prisoner, and then by his Lords and Parliament forced to resign his Crown to his son, confessing, That for his many sins he was fallen into this calamity, and therefore ●ad the less cause to take it grievously: That he much sorrowed for this; that the people of the kingdom were so exasperated against him, that they should utterly abharre his any longer rule and Sovereignty, and therefore he besought all there present to forgive and spare him being so afflicted: Soon after he was murdered in Ba●kly Castle: And so the sickness, and wounds which the Commonwealth sustained by his ill reign, upon the change of her Physician, recovered not only health and strength, but beauty also and ornament, writes john Speed. After all this i Walsingham hist Ang. p. 349 to 400 Ypodig. Neustr. p. 144. to 158. Speed. Hist. ● p 747. to 762 holinsh. Grafton, Stow, Fabian, Caxton, Trussell, and others. King Richard the second in the ninth year of his reign summoned a Parliament, wherein Michael de la Pole Earl of Suffolk, for cheating the King was put from his Lord Chancellorship of England by the Parliament, and the Seal● taken from him against the Kings will, and given to Thomas Arundel Bishop of Ely; Whereupon both the Houses gave half a tenth and half a fifteen, to be disposed of as the Lords thought fit, for the defence of the Realm. The Parliament was no sooner dissolved, but the King recals de la Pole and other ill Counsellors to the Court, showing them greater favour than before: In so much that at Christmas, the King made de la Pole sit at his own table, not in the usual garment of a Peer, but of a Prince, out of a stomach and hatred against the Peers, whom from thenceforth be never regarded but feivedly, and then falls to plot the death of the Duke of Gloucester and other Nobles, who opposed his ill Counsellors; For which purpose he appoints a meeting at Nottingham Castle, with a few persons generally illbeloved, ill-adwised, and ill-provided. The course agreed upon by the King and that ill-chosen Senate was, first, to have the opinion of all the chief Lawyers; (who saith Speed, seldom fail Princes in such turns) concerning certain Articles of Treason, within whose nets they presumed the reforming Lords were; and if the Lawyers concluded those Articles contained Treasonable matters, then umder a show of justice they should be proceeded against accordingly. The Lawyers (who were the very men, which in the last Parliament, gave advice to the Lords to do as they did) now meeting were demanded: Whether by the Law of the Land, the King might not disannul the Decrees of the last Parliament? They jointly answered, he might, because he was above the Laws; (a most apparent error) confessing; that themselves had in that Parliament decreed many things, and given their judgement, that all was according to Law, which they acknowledged to be altogether unlawful. The King thus informed, appointeth a great Council at Nottingham, and withal sends for the Sheriffs of Shires, to raise Forces against the Lords; who denied, saying, that they could not raise any competent forces or Arms against them, the whole Counties were so addicted to their favours; and being further willed; to suffer no Knights to be chosen for their Shires, but such as the King and his Council should name; they answered; that the election belonged to the Commons, who favoured the Lords in all, and would keep their usual customs; (a good precedent for our present Sheriffs) whereupon they were dismissed. Then were the Lawyers and Judges (Robert Trefilian and his companions) called before the King, to determine the judgements of Treasons against the Lords to be legal and to set their Seals thereto, which they did: Mean time the King and Duke of Ireland, sent messengers to hire what Forces they could, That they might stand with them if need were against the Lords in the day of battle: * Note this. Many of which answered, that they neither could nor would stand against the Lords, whom they knew for certain intimately to love the King, and to endeavour all things, study all things, do all things for his honour: yet many out of simplicity, thinking themselves to be hired, promised to be ready upon the King's notice: The Lords hearing of these proceedings were much sadded; being conscious to themselves of no guilt worthy the Kings so great indignation. The Duke of Gloucester sent his purgation upon Oath by the Bishop of London, to the King; who inclining to credit the same, was in an evil hour diverted by De la Pole. The Duke hereupon makes his and their common danger known to the rest of the Lords: upon which they severally gather Forces, that they might present their griefs to the King; How he favoured Traitors, not only to them, but to the Public, to the imminent danger of the Realm, unless it were speedily prevented. The King on the other side (by Traitorous Counselors advise) sought how to take them off single, before they were united: but in vain, by reason their party was so great. Mean time, some peaceable men procured, that the Lords should repair safe to Westminster, and there be heard. Thither approaching, they are advertised by some, (who had sworn on the King's behalf for good dealing to be used during the interim) that in the Mews by Charingcross, a thousand armed men (which without the King's privity Sir Thomas Trivet, and Sir Nicholas Brambre knights, were reported to have laid for their destruction) attended in ambush. The King swears his innocency, promising safe conduct to the Lords if they would come; who thereupon came strongly guarded, and would trust no longer. The King sitting in Royal State in Westminster Hall; the Lords present themselves upon their knees before him: and being required by the Lord Chancellor; Why they were in warlike manner assembled at Haring gye Park, contrary to the Laws? their joint answer was: That they were assembled for the good of the King and kingdom, and to weed from about him, such Traitors as he continually held with him; The Traitors they named to be- Robert de Vere, Duke of Ireland; Alexander Nevil, Archbishop of York; Michael de la Pole, Earl of Suffolk; Sir Robert Tr●silian, that false Justiciar; Sir Nicholas Brambre, that false knight of London, with others: To prove them such, They threw down their Gloves, as gauges of challenge for a trial by the Sword. The King hereupon replied, as knowing they were all hidden out of the way; This shall not be done so, but at the n●xt Parliament (which shall be the morrow after Candlemas) all parties shall receive according as they deserve. And now to you my Lords; How or by what authority durst you presume to levy Forces against me in this Land? did you think to have terrified me by such your presumption? Have not I men and arms, who (if it pleased me) could environ and kill you like sheep? Certainly in this respect I esteem of you all no more than of the basest Scullions in my kitchens. Having used these, and many like high words, he took up his Uncle the Duke from the ground, where he kneeled, and bade all the other rise. The rest of the conference was calm, and the whole deferred till the next Parliament, then shortly to be holden at Westminster. In the mean time (that the world might see, how little able the King was to equal his words with deeds) a Proclamation was set forth, in which the King (before any trial) cleareth the Lords of Treason, names tho●e persons for unjust accusers, whom the Lords had before nominated. The Lords nevertheless thought not good to sever themselves, but kept together for fear of the worst; which fell out for their advantage: For the Duke of Ireland (with the King's privity, such was his false dissimulation) had gathered a power in Wales, and Cheshire: which they intercepting near Burford and Bablecke, slew Sir William Molineux, leader of the Cheshire men, and made the Duke to fly in great fear. Among the Duke's carriages was found (as the devil, or rather God would have it) certain Letters of the Kings to the said Duke, by which their Counsels were plainly discovered. The Lords hereupon march with speed up to London, having an Army of forty thousand men, the Lord Mayor and City doubtful whether to displease the King or Lords, upon consultation receive the Lords into the City, and supply their Army with provisions in the Suburbs; Which the King hearing of, seemed to slight them, saying; * Note the peril and policy of protracting. Let them lie here till they have spent all their goods, and then they will return poor and empty to their houses, and then I shall speak with and judge them one after another, The Lords hearing this, were exceedingly moved, and swore, They would never remove thence, till they had spoken with him face to face. And forthwith sent some to guard the Thames, lest the King should slip out of their hands, and then scoff at them. The King being then in the Tower, and seeing himself every way encompassed, sent a message to the Lords, that he would treat with them; who thereupon desired him, That he would come the next day to Westminster, where they would declare their desire to him: The King replied, That he would not treat with them at Westminster, but in the Tower. To which the Lords answered, That it was a suspicious place, because trains might there be laid for them, and dangers prepared to destroy them; Whereupon the King sent word, They should send thither two hundred men or more, to search and view all places, lest any fraud should lie hid. Upon which the Lords repaired to the Tower, and in the King's Bedchamber, laid open to him briefly, all his conspiracy, in causing them indirectly to be indicted; They object to him his mutability, and underhand working, producing his own Letters to the Duke of Ireland, to raise an Army to destroy them; together with the French packets they had intercepted; whereby it appeared he had secretly practised to fly with the Duke of Ireland into France, to deliver up Calais to the French Kings possession, and such pieces as the Crown of England held in those parts; whereby his honour might diminish, his strength decay, and his fame perish. The King seeing this, knew not what to do, especially because he knew himself notably depressed. At last craving leave, they left him confounded and shedding tears, yet upon condition, that he should come to Westminster the next day, where he should hear more, and treat of the necessary affairs of the kingdom; Which he promised to do, retaining the Earl of Derby, to sup with him. But before he went to bed (O the fickleness of weak Princes, and faithlessness of their royal words and Protestations!) some whisperers telling him, that it was not decent, safe, nor honourable for the King to go thither, he changed his resolution. The Nobles hearing this, were very sad, and discontented, and thereupon sent him word, That if he came not quickly according to appointment, they would choose them another King, who both would and should obey the Counsel of his Peers. The King struck with this dart, came the next day to Westminster, there attending his Nobles pleasures. To whom (after few discourses) the Nobles said; That for his honour, and the benefit of his kingdom, all Traitors, whisperers, flatterers, evil instruments, slanderers, and unprofitable persons should be banished out of his Court and company, and others substituted in their places, who both knew how, and would serve him more honourably and faithfully. Which when the King had granted (though with sorrow) they thought fit that Alexander Nevil Archbishop of York, john Fordham, Bishop of Durham, with sundry other Lords, knights, and Clergy men should be removed and kept in straight prison, to answer such accusations as should be objected against them the next Parliament. Whereupon they were apprehended forthwith and removed from the Court: After the feast of Purification, the Parliament (much against the Kings will, who would have shifted it off at that time) began at London. The first day of the Session, Fulthorpe, and all the rest of the Judges were arrested, as they sat in judgement on the Bench; and most of them sent to the Tower: for that having first overruled the Lords with their Counsels and direction, which they assured them to be according to Law, they afterward at Nottingham, gave contrary judgement to what themselves had determined formerly. Tresilian the chief Justice prevented them by flight, but being apprehended and brought back to the Parliament in the forenoon, had sentence to be drawn to Tyburn in the afternoon, and there to have his Throat cut, which was done accordingly. The King seeing these proceedings, by advice of his ill Counsellors, * Graft. p 348, 349. 150, 151. absented himself from his Parliament, and sent Michael de la Pole than Lord Chancellor, to demand four fifteen in his name, of the Commons, for that without less he could not maintain his estate and outward war. To which the body of the Parliament made answer; that without the King were present, they would make therein no answer; and that unless the King would remove him from his Chancellorship, they would no further meddle with any Act this Parliament. The King upon this sent to the Commons, that they should send to Eltham, (where he than lay,) 40. of the wisest and best learned of the Commons, who in the name of the whole House should declare unto him their mind, Upon which message the House were in more fear than before; for there went a talk, that the King intended to betray divers of them, which followed not his mind, either that way, or at a banquet appointed to be made purposely at London, if Nicholas Exton the Mayor of London would have consented thereunto; at which time the Duke of Gloucester should have been taken. Wherefore the Lords and Commons assembled together, agreed with one assent, that the Duke of Gloucester, and Bishop of Ely, should in the name of the whole Parliament be sent to the King to Eltham; which was done, and the King well pleased that they should come. When they came into his presence they most humbly saluted him, and said. Most high and redoubted Soveraigue Lord, the Lords and Commons of this your Parliament assembled, with most humble subjection unto your most royal Majesty, desire your most gracious favour; so that they may live in tranquillity and peace under you, to the pleasure of God and wealth of the Realm. On whose behalf we also show unto you, that one old statute and landable custom is approved, which no man can deny; That the King our Sovereign Lord may once in the year lawfully summon his high Court of Parliament, and call the Lords and Commons thereunto, as to that which is the highest Court of this Realm: In which Court all equity and justice must shine, even as the Sun when it is at the highest, whereof poor and rich may take refreshing: where also must be reform all the oppressions, wrongs, exactions and enormities within the Realm, and there to consult with the wise men for the maintenance of the King's estate. And if it might be known that any persons within the Realm or without intended the contrary, there also must be devised how such evil weeds might be destroyed. There also must be studied and soreseene, that if any charge do come upon the King and his Realm, how it may be well and honourably supported and sustained. Hitherto it is thought by the whole Realm, that your Subjects have lovingly demeaned themselves to you, in aiding you with substance to the best of their powers; and they desire to have knowledge, how and by whom these goods be spent. One thing resteth yet to declare in their behalf unto you: * Nota. The King should be present in Parliament once in forty days. how that by an old Ordinance, they have an Act, if the King absent himself forty days not being sick, but of his own mind (not heeding the charges of his people, nor their great pains) will not resort to his Parliament; they then may lawfully return home to their houses: And now Sir, you have been absent a longer time, and yet refuse to come amongst us; which greatly is our discomfort: (And our Parliaments present case.) To this the King answered by these words: Well, we do consider that the people and Commons go to rise against us; wherefore we think we can do no better than to ask aid of our Cousin the French King, and rather submit us to him, than to our own Subjects. The Lords answered: Sir, that Counsel is not best, but a way rather to bring you into danger. For it is well known, that the French King is your ancient enemy, and your greatest adversary: and if he set foot once within your Realm, he will rather despoil you, invade you, and depose you from your estate Royal, than put any hand to help you, etc. And as that King cannot be poor that hath rich people; so cannot he be rich that hath poor Commons. And all these inconveniences be come by the evil Counsel which are about you. And if you put not your helping hand to the redress of the premises, this Realm of England shall be brought to nought and utter ruin, which clearly should be laid to your default, and in your evil Counsel: Seeing that in the time of your Father, this Realm throughout all the world was highly esteemed, and nothing ordered after these ways. Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruin either of you or else of your Realm. By these good persuasions the King was appeased, and promised within three days after to come to the Parliament, and to condescend to their Petitions; And according to his appointment he came. Where soon after john Fordham Bishop of Durham, was discharged of the Treasurourship, and the Bishop of Hereford set in his place; * Walsing. Ypod. Neust. p. 145, 147. Grafton p. 352, 353. De la Pole was put from his Chancellourship for dive scrimes, frauds, briberies and treasons, by him committed, to the prejudice of the King and his Realm, committed to the Tower, and fined twenty thousand Marks to the King, in relieving of the Commons: Divers other Judges, knights, & Delinquents of all sorts were condemned, & executed, others banished and their states confiscated; others put out of Offce by this Parliament, as you may read in our Histories, and in the k 10 R. 2. c. 1● 11 R. 2. c. 1, 2 3, 4, 5, 6. 21 R. 2. ●. 2, 3. 12. Statutes at large: in which Statutes the mischievous effects of these evil Counsellors to King, kingdom, and people are at full related, whereby the King and all his Realm were very nigh to have been wholly undone and destroyed: the Lords raising of Forces against them resolved to be lawful; and these traitorous Delinquents made uncapable of any pard●n; l See the Records of this Parliament published by order of both Houses, Aug. 27. 1642. and their raising of Arms against the Parliament and kingdom, (though with the Kings own consent and his command) declared and enacted to be high Treason. These proceedings ratified and assented to in Parliament by the King, much against his will, wrought an intolerable secret hatred and desire of revenge in his heart against the Lords, which for want of power he concealed near ten years' space; but in the twentyeth year of his Reign, being somewhat elevated in his spirit with a rumour that he should be elected Emperor; he suddenly apprehended the Duke of Gloucester, the Earls of Warwick and Arundel (the chief sticklers in the premises) committing them to several prisons: And to blind the people's eyes, lest they should rise up in Arms to rescue these Lords; the King sent out a feigned Proclamation, (which he caused to be proclaimed throughout the Realm) that these Lords were apprehended only for new Treasons committed against him, for which he would prosecute them in the next Parliament, and not for the old trespasses: After which he proclaims those Lords Traitors. Which done he summoned a m Graf. p. 329 etc. Mr. Saint john's Speech, 1640. p. 33. 1 H. 4. No. 21. 21. 48 Parliament at Westminster, to this Parliament the King commanded to come all such as he had best confidence in, omitting the rest; and the Knights were not elected by the Commons, as custom required they should be, but by the King's pleasure; yea, he put out divers persons elected, and put in other in their places to serve his turn; which was one Article objected against him when he was deposed. Against the time of this Parliament, the King received a guard of 4000 Archers, all Cheshire men, as if he would have gone in battle against enemies, so that divers came armed to the Parliament out of fear. These Cheshire men were rude and beastly people, and so proud of the King's favour, n As the Cavaliers do now. that they accounted the King to be their fellow, and set the Lords at nought, though few of them were Gentlemen, but taken from the Plough and other Trades. After these rustical people had a while Courted, they grew so bold, that they would not let neither within the Court nor without to beat and slay the King's good Subject, (as the Cavaliers do now) and to take from them their victuals at their pleasure, paying little or nothing for them, and to ravish their wives and daughters: And if any man presumed to complain to the King of them, he was soon rid out of the way, no man knew why, nor by whom, so that in effect they did what they listed. In this Parliament the King having made the Speaker, and a great part of mercenary, proud, ambitious men of the Commons House to be of his side, to act what he required them; he then prevailed likewise with the Upper House, first with the Prelates, then with the Lords, more out of fear of him, than any reason; by means whereof the Commission, Charters of pardon, and Acts made in Parliament in the 10. and 11. years of his Reign were quite revoked and declared void in Law, as being done without authority and against the will and liberty of the King and of his Crown: And withal they declared the judge's opinions for which they were condemned in that Parliament, to be good and lawful, and attainted the said imprisoned Lords of high Treason, and confiscated their lands. The two Earls hereupon were beheaded, and the Duke (by reason of his popularity) sent over to Calais, and there by Hall and others smothered, only for their former actions; which done, the King adjourned the Parliament to Shrewsbury where he subtly procured an o 21 R. c. 12 Act to pass by common consent, that the power of the Parliament should remain in seven or eight persons, who (after the Parliament dissolved) should determine certain petitions delivered that Parliament, and not dispatched. By colour whereof, p 21 R. 2. c. 16. 20. 1 H 4. c. 3. Walsin. hist. Ang. An. 1398. p. 394. Grafton, & Holinshe●. Those Committees proceeded to other things generally touching the Parliament, and that by the King's appointment, in derogation of the state of the Parliament, the discommodity and pernicious example of the whole Realm: And by colour and authority hereof, the King caused the Parliament Rolls to be altered and defaced, against the effect of the foresaid grant. After which he much vexed and oppressed his people with divers forced Loans, Oaths, Impositions, and oppressing Projects to raise money, seeking to trample them under his feet, and destroy the Realm, and took all the Jewels of the Crown with him into Ireland, without the kingdom's consent. Which rendered him so odious to his people, that Henry Duke of Lancaster, landing in England, the whole kingdom came flocking to his aid, so that he had an Army of 60000. men in a short time; who vowed to prosecute the King's ill Counselors. Whereupon King Richard returning out of Ireland, hearing of the Duke's great Army assembled against him, and knowing that they would rather die than yield, out of their hatred, and fear of him, he dismissed his Courtiers, hiding obscurely in corners till he was apprehended, and by a Parliament summoned in his name (though against his will) judicially deposed for his misgovernment. Among the Articles exhibited against him in Parliament for his evil government, for which he was by sentence dethroned, these are remarkable. First, * Graft. p. 400 401, 402. etc. Trussel. p. 45, 46 47. That he wastefully spent the Treasure of the Realm, and had given the possessions of the Crown to men unworthy, by reason whereof daily new charges more and more, were laid on the necks of the poor Commonalty. And when divers Lords were appointed by the high Court of Parliament to commune and treat of divers matters concerning the Commonwealth of the same, which being busy about those Commissions, he with other of his affinity, went about to impeach them of high Treason, and by force and threatening, compelled the justices of the Realm at Shrewesbury, to condescend to his opinion, for the destruction of the said Lords; In somuch that he began to raise war against John Duke of Lancaster, Thomas Earl of Arundel, Richard Earl of Warwick, and other Lords, contrary to his honour and promise. Item, He assembled certain Lancashire and Cheshire men, to the intent to make war on the foresaid Lords; and suffered them to rob and pillage without correction or reproof. Item, Although the King ftatteringly, and with great dissimulation made Proclamation throughout the Realm, that the Lords before named, were not attached for any crime of Treason, but only for extortions and oppressions done in the Realm, yet he laid to them in the Parliament, rebellion and manifest Treason. Item, He hath compelled divers of the said Lords servants and friends, by menace and extreme pains, to make great fines to their utter undoing. And notwithstanding his pardon to them granted, yet he made them fine of new. Item, That he put out divers * Note. Sheriffs lawfully elected, and put in their rooms, divers of his own Minions, subverting the Law, contrary to his Oath and Honour. Item, For to serve his purpose, he would suffer the Sheriffs of the Shire to remain above one year or two. Item, He borrowed great sums of money, and bound him under his Letters Patents for repayment of the same, and yet not one penny paid. Item, He taxed men at the Will of him and his unhappy Counsel, and the same Treasure spent in folly, not paying poor men for their victual and viand. Item, He said, That the Laws of the Realm were in his head, and sometime in his breast, by reason of which fantastical opinion, he destroyed Noble men, and impoverished the Commons. Item, The Parliament settling and exacting divers notable Statutes for the profit and advancement of the Commonwealth, he by his private friends and solicitors, caused to be enacted; * Such a kind of proviso was endeavoured to be added to the Petition of Right, 3 Caroli. That no Act then enacted should be more prejudicial to him, than it was to any of his Predecessors, though with proviso he did often as he listed, and not as the Law meant. Item, That he at his going into Ireland, exacted many notable sums of money, besides Plate and jewels, without Law or custom, contrary to his Oath taken at his Coronation. Item, That without the assent of the Nobility, he carried the jewels, Plate, and Treasure of the kingdom over the Sea into Ireland, to the great impoverishing of the Realm. And all the good Records for the Commonwealth, and against his extortions, he privily caused to be imbezeled and conveyed away. Item, When divers Lords and justices were sworn to say the truth for divers things to them committed in charge both for the honour of the Realm, and profit of the King, the said King so menaced them with sore threatenings, that no man would, or durst say the right. Item, He most tyrannically and unprincely said, that the lives and goods of all his Subjects were in the Prince's hands, and at his disposing. Item, He craftily devised certain privy Oaths, contrary to the Law, and caused divers of his Subjects, first to be sworn to observe the same, and after bound them in bonds for the firmer keeping of the same, to the great undoing of many honest men. Which how parallel they are to the late and present Court Practices, and Doctrines of our times, let wise men determine. The King being thus Judicially dethroned in Parliament, Henry the fourth by the same Parliament, (which continued notwithstanding Richard's deposition who summoned it) was created King, who in the q 1 H 4 c. 1. 2. 3, 4 first Parliament of his Reign, reversed, and annulled as illegal, the Parliament of 21 Richard 2. with all its Acts, Circumstances and dependants; and revived that of 11 Richard 2. in all points, as made for the great honour, and common profit of this Realm. To these I might add the r Walsin▪ hist. Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxton p. 430 Hal. Chr. par. 1. f 25 Hol. p. 529. Speed, p. 775. Martin Fab Graft. and others Fox Acts & Mon. vol. 1. p. 676, 677, 678. Trussell. p. 74 75. Rebellious insurrections of Richard Scroop, Archbishop of York, the Earl of Northumberland, and their Complices, against King Henry the fourth, Anno 1405. to reform the State and government, relieve the Church and Commonweal, and Depose King Henry in and by a forced Parliament. The s Spee. p. 486 Hunting lib 8. insurrection of the Popish Nobles against King Stephen, for violating his Oath, touching Forests, and other immunities of Church and Commonwealth, which they would force him to confirm; the several t Walsing, hist. Angl. p. 258. to 281. Speed p. 849. etc. 734. etc. insurrections of Jack Cade, Jack Straw, Wat Tyler, and their Popish Vulgar rabble, to force their King to call Parliaments, to alter and repeal old Laws, enact new, displace offensive great Officers, promote new unless of their nomination, to ratify what propositions they required, and subvert the government of the Realm: with the u Speed p. 1032 to 1049. 1112, to 1120. See Hall. Grafted. holinsh. Howes, Martin. in the lives of H. 8. Ed. 6. and Q. Eliz. several Rebellions of the Popish Lincolnshire and Yorkshire men, under Doctor Mackerell, a Monk, and some men of quality in Henry the eighth his reign; Of the Cornish men, Norfolk men, Kent, and others in Edward the sixth his Rule; of the Popish Earls of Northumberland, Westmorland, and other Northern Papists in Queen Elizabeth's days, by force of Arms to compel these several Princes to summon Parliaments to repeal all Laws against Mass and Popery, and for the establishment of the Protestant Religion, with other Acts concerning the government of the Commonwealth, to enact divers new Laws and propositions, which they demanded, to remove great Officers and privy Counsellors from their places, and the like. All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects, being done without any preceding Order or resolution of both Houses, representing the whole kingdom, and against the general consent of the people. But I shall conclude with one ancient precedent more, in one of our best Kings reigns, In 25 E. 1. x Walsin. hist. Ang. p. 36 37, 38, 39, 40 4●, 42, 44 48. Ypodig●a ●●●st p. 83, 84, 85, 86, 97 Corks Magna Cha●● p. 530 to 5●0. The Lords and Commons in Parliament grievously complained and Petitioned to the King●against divers taxes, tallages, and prisages wherewith they were oppressed by him, to the great impoverishing of the Realm; against the violation of Magna Charta, the Charter of the Forest, the imposition upon Wools, and their summons to go with him into Flanders, to which they were not bound by Law. The king excusing these taxes, by reason of his necessity to maintain the wars, and giving them a dilatory answer: the Earl Martial, and Hereford withdrew themselves from Parliament, and with their complices, commanded the Barons of the Exchequer not to ●evie the eighth penny of the people, granted to the King at Saint edmond's; and induced the Citizens of London to join with them to recover their Liberties. Whereupon the King sending to them for peace, they would condescend to no peace but on these terms; That the king should confirm Magna Charta, and Charta de Foresta, with the other Articles to them annexed; that he should exact and take ●o ●o aides, tax, or tallage from the Clergy or Commons without their commo● consent in Parliament, and that he should remit all offences to these Earls, and their confederates, all which the King ratified by his y Articuli super Chartas. Charter at large, by his oath, and by a solemn excommunication of the Bishops twice every year, of all those who should transgress this Charter of his; For which the Laity gave him the ninth, and the Clergy the tenth penny of their goods. And because this confirmation was made in Scotland, the Kings, and divers others promised for him, that he should confirm it when he came into England, which they pressing him to do in a Parliament at London, in the 27. year of his reign; after some delays, he ratified it with this addition in the close; saving the right of our Crown, which when the Lords heard, they departed home in great discontent; but the King re-summoning them at quindena Pasche, granted all things absolutely according to their desire, committing the per-ambulation of the Forests throughout England to three Bishops, three Earls, and three Barons, to settle their bounds according to God and justice: which not being speedily executed, but neglected (the King having purchased a dispensation of his oath, wherewith he had ratified his foresaid Charter, from the Pope) hereupon the king holding a Parliament at Stamford, the 29. of his reign, the Lords and Barons repaired thither with great store of horses and Arms, with a purpose to extort a full execution of the Charter of the Forests hitherto deferred: upon which the King, considering their earnestness and importunity, condescended to their will in all things. Sixthly, Parliaments, Lords and Prelates, in former times have affirmed; that when a Parliament was once met together by lawful summons, it might not be dissolved or discontinued again at the King's mere pleasure, till all the public affairs for which it was called were dispatched, all grievances redressed, and all Petitions exhibited therein, fully heard, and answered; agreeable to the resolution of the great a Surius Concil. Tom. 4● p. 103. etc. Fox Acts & Monu. vol. 1. Edit. ult. p 879 etc. Counsels of Basil, Constans, and divers Popish * john White his way, etc. Sect 37. n. 30. p. 102. Writers, that a general Council once lawfully summoned by the Pope and met, cannot be dissolved by him again at his pleasure, without the Counsels consent, before all the Church's affairs be therein settled: Upon which resolution these Counsels continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them, to keep themselves in their chairs. This is apparent; first by the Ancient Treatise, Of the manner of holding Parliaments in England: which informs us; That the first day of the Parliament, public Proclamations ought to be made in the City or Town where the Parliament is kept; That all those who would deliver Petitions or Bills to the Parliament, should deliver them in a certain time: That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided, or at the least to which there is not made a determinate answer: the King's Majesty being desirous of his grace and favour to give the Subject redress of any injury, not to suffer his people to go unsatisfied. Hence departing of the Parliament OUGHT TO BE in such manner. First, IT OUGHT TO BE demanded, yea and publicly proclaimed in the Parliament, and within the Palace of the Parliament, whether there be any that hath delivered a Petition to the Parliament, and hath not received answer thereto? If there be none such, it is supposed that every one is satisfied, or else answered unto at the least, So far forth as by Law it may be. And then all may depart. Hence it was, that in 21 R. 2. c. 16, 17, 18, 19 Divers Petitions not read nor answered in Parliament, by reason of shortness of time, and not determined sitting the Parliament, were by special Acts of Parliament referred to divers Lords and Commons, to examine, answer, and plainly determine all matters contained in the said Petitions, as they should think best by their good advice and discretion; even out of Parliament; which they heard and determined accordingly, and made binding Acts thereupon, as appears by the Statutes themselves. This Doctrine was very well known to King john, Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed, and deposed most of them, sitting and continuing sitting, both before and after their deposing, sore against their wills, as the fore-remembred histories manifest; else no doubt they would have broken up all these Parliaments at their pleasure, and never permitted such Acts and Judgements to pass against themselves, Favourites, ill Counselors, pretended Prerogatives, had they lawful power to dissolve them, summoned in their names, or the Parliaments actually determined by their depositions, or resignations, as we find they did not, and none ever yet held they did. King Richard the 2. fearing the loss of his Crown, or some restraints by Laws, in the 11. year of his Reign, proposed this question among others, to his Judges at Nottingham Castle; which (for aught I find) was never doubted before. b See 21 R. 2 c. 12. Whether the King whensoever pleaseth him, might dissolve the Parliament, and command his Lords, and Commons to depart from thence or not? Whereunto it was of one mind answered, That he may: And if any would proceed in the Parliament against the Kings will, he is to be punished as a Traitor. For which opinion and others, some of these Judges and Lawyers (as Tresilian and Blake) were condemned of high Treason the next Parliament, 11 R. 2. drawn upon a Hurdle to Tyburn, and there executed, as Traitors to the King and Commonwealth: others of them (who delivered their opinions rather out of fear of death, and bodily tortures than malice) were yet condemned as Traitors, and banished the kingdom, only their lives were spared. True it is, that the packed and overawed Parliament of 21 R. 2. (terrified by the King's unruly great Guard of Cheshire Archers forementioned) 21 R. 2. c. 12. being specially interrogated by the King, how they thought of these answers of the Judges, said; That they thought they gave their answers duly and faithfully, as good and lawful liege people of the King ought to do: But yet the Parliament of 1 H. 4. ●. 3, 4. repealed this Parliament of 21 R. 2. with all its circumstances and dependants, revived the Parliament of 11 R. 2. with the judgements and proceedings, given against these treacherous temporizing Judges, as a thing made for the great honour and common profit of the Realm. Besides, the c Cook 9 Rep. f. 1. in the Epistle▪ 4 E▪ 3. c. 14. 36 E. 3. c 10. Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament shall be holden once every year, and oftener if need be, for redress of mischiefs and grievances which daily happen) strongly intimate, that if a Parliament ought in Law to be called as often as need is, of purpose to redress the Subject's grievances and mischiefs; than it ought not in point of Law to be dissolved, till these grievances, and mischiefs be redressed; else the summoning of it would be to no purpose, and bring a great trouble and charge to the whole kingdom, without any benefit at all; Moreover, the King by his Oath, is bound to do equal justice and right to all his Subjects in all his Courts of Justice: In Magna Charta c. 29. he makes this Protestation; We shall deny nor defer to no man, either justice or Right: and by sundry other d 18 E. 3. Stat. 3. ●0 E. 3. c. 1. Acts, all the King's judges are sworn and commanded, to do even Law and execution of right to all his Subject's rich or poor, without having regard to any person, and without letting or delaying to do right for any Letters, Writs, or Commandments that shall come to them from the King or any others, and shall do nothing by virtue of them, but go forth to do the Law, and hold their Courts, and Processes where the Pleas and matters be depending before them, notwithstanding, as if no such Letters, Writs, or Commandments, were come unto them. The makers therefore of these Oaths and Laws (in days of Popery) and the Parliaments of 2 E. 3. c. 8. 14 E. 3. c. 14. 1 R. 2. c. 2. 11 R. 2. c. 9 which enact, That it shall not be commanded by the great seal or little seal, to delay or disturb common right, and though such commandments do come, the justices shall not therefore leave to do right in ANY POINT, that justice and right be indifferently ministered to every of the King's Subjects: did certainly believe, that the King neither by his great nor privy seal, nor by Writ or Letter could without just or lawful cause assigned, prorogue or adjourn the Term or sitting of any Courts of Justice, much less prorogue or dissolve his highest Court, and grand Council of the Realm, the Parliament, or disable them to fit to redress the kingdoms and Subjects several grievances, or secure the Realm from danger; Which if he might lawfully do at his pleasure, without the Houses joint assents, there would necessarily follow, not only a deferring and denial, but likewise a fayler of Justice in the highest Court of Justice; which these Acts disable the King (who is so far inferior to the Law, that he cannot so much as delay the smallest proceedings of it in any Court or Session, by his supreme power, by any means whatsoever) to effect in his meanest Courts, much less than in the greatest; from whence the subversion of Laws, Liberty, Justice, and the whole Realm would ensue. If any therefore cavil at the Act for continuance of this Parliament, till both Houses shall agree to adjourn or dissolve it; or at the Bill for Triennial Parliaments, which when they meet, shall not be dissolved without their consents for fifty day's space next after their first meeting: Let them now learn, that this is no Innovation, nor encroachment on the Crown, but an ancient Privilege of Parliament, both claimed, practised, and resolved in times of Popery, in an higher degree than now it is. And thus you see how in these particulars, the Popish Parliament, Prelates, Lords and Commons in former times, have claimed and exercised far greater Privileges and Jurisdictions, than this or any other Protestant Parliament hath hitherto claimed or practised: which I hope, will forever silence the clamourous tongues of all ill Counselors, Courtiers, Royalists, Malignants, Papists, and Cavaliers against the present Parliament, of whose highest (yet moderate) proceedings, themselves alone have been the occasions, and therefore (of all others) have least cause to complain against them. BUT to return again to the first grand Objection. Thirdly, I answer, that the High Court of Parliament, Answ. 3. The Parliament and kingdom proved to be above the King. and whole kingdom which it represents, may in divers respects be truly and properly said, to be the Highest Sovereign power of all others, and above the King himself: which because it may seem a dangerous paradox, and tends much to the vindication both of the Privileges, Honour, and jurisdictions of our High Court of Parliament, (now so much undervalved, because not really known to most) and to the justification of the proceedings in this present Parliament, which many out of ignorance and malice so much declaim against both by word and writing, in a most licentious manner; I shall take a little liberty to demonstrate the truth of it, by such convincing reasons and Authorities, as no rational man (I hope) shall be able to contradict, but must necessarily submit to. First, it is undeniable that e See Cromptons' jurisdiction of Courts Tit. Parliam. Brook Tit. Par●. H●lm. Descript. of Eng. c. 8. p. 173. Chro. of Ireland, p. 120. to 130. Sir Tho. Smith Commonweal. of Engl. l. 2. c. 1, 2, 3. Cowel & Minsh. Tit. Par. Cam. B●i. p. 177 the Court of Parliament hath a lawful power, to question all the King's Patents, Charters, Commissions, Proclamations, Grants, Warrants, Writs, and Commitments whatsoever, whether they be Legal; yea to cancel or repeal them in case they be illegal, mischievous, or onerous to the Subject, not only without but against the King's consent, and mandate to the contrary; as appears by infinite precedents in this and all foremer Parliaments, the scourges of Monopolists, Patentees and Projectors, the Pests of the Commonwealth. The like power have all other Courts of Justice within the kingdom in some degree, when such Charters and Writs of the King are brought judicially before them, because they are Courts of the Law, to which the King and all his Actions are and must be subject. Now that which can thus question, cancel, disannul, revoke the Kings own Royal Charters, Writs, Commissions, Patents, etc. though ratified with the Great seal and regal power, even against his will, must certainly be a Sovereign power and Authority, which in point of Law and Justice is superior to the King. This is Bractons' resolution, l. 2. c. 16. f. 34. a, and Fletaesl. 1. c. 17. Where they affirm, the Law and Parliament to be above the King, because they may censure, judge, and rescind the King's Acts & Charters, legally and judicially, even against his personal, though not legal Will, which is the Law. Secondly, It is unquestionably true, that in all cases of difference between the King, and all or any of his Subjects, though they concern the King's Prerogative and the highest branches thereof, the Parliament is the supremest and most proper Judge, and its resolution (from which there is no appeal to any higher tribunal) shall finally bind not only all the Subjects, but the King himself, notwithstanding his own personal disassent. This is manifest by the many late resolutions given in Parliament against sundry Patents, Commissions, Writs, Charters, Impositions, Loans, Shipmoney, Forest-Bounds, Marshal Law, Pressing and billeting Soldiers, Imprisonment by special Command of the King or his Privy Counsel, Tonnage and Poundage, Knighthood and Taxes, the Commission of Array, and the like, which oblige both King and Subject; the King in receiving justice, in such cases, being subject to the Law as well as the meanest of his Subjects; as f Rex in justitia reci pienda minimo de regn● suo comparatur: minimus▪ esse debet vel quasi in judicio suscipiendo, Bracton, l, 1, c. 8. f. 5. b. & l. 3. c. 9 f. 107. Bracton truly avers, against all Royalists mistakes. Now that which can thus finally conclude and bind the King himself, even volens nolens, in cases of highest concernment, entrenching farthest upon his Prerogative Royal, must doubtless be the most Sovereign power, Superior to the Kings. And in this sense every Court of Justice, whose just resolutions, and every petty Jury, whose upright verdicts oblige the King (because warranted by the Law which is Paramount the King (as Bracton, g li. 1. c. 5. 17▪ Fleta, h Cap. 9 to 15 Fortescue, i Speech in Parliam. 1609 King james, k In his Laws in Fox Acts & Mon. Edit. vol. 1. p. 214. Edward the Confessor; yea and l Polit. l. 3. c. 10, 11, 12. Aristotle, resolve) may be truly said to be above the King's person, which they bind; but not above the Parliament, which by its superlative power may examine all m 1 H. 7. 1. Br. Parlia. 92. Ash. tab. 65, 67. judgements and verdicts, in other Courts by way of error, or appeal, and reverse them if there be cause, when as the King in person cannot by law examine or reverse them, but only in his Courts of Justice, by his Judges. Thirdly, Parliaments oft times do, and may as they see cause, enlarge the King's Prerogative and Royal power in sundry particulars, in which the King had no such jurisdiction before these Acts; witness the Statute de Praerogativa Regis, The notable Parliament Roll of 1. H. 4. num. 108. Where the Commons in Parliament grant the King, that he shall be in as GREAT ROYAL LIBERTY as his Noble Progenitors were before him: having formerly made the like Grant to King Richard the second, who perverted it to the altering of the Laws in many things, as appears by this Roll. 25 H. 8. c. 19, 20, 21. 26 H. 8. c. 1, 3. 31 H. 8. c, 9 34, and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 & 4 E. 6. c. 11, 12. 1 Eliz. 1, 2. with sundry other Acts. Now that Parliamentary power, which only can create and confer on Kings a greater regal Authority, and Prerogrative than they had before; must needs be the Original and supreme Authority: for as we rightly argue m See 1▪ Eliz. c. 1. Ras●all 〈◊〉. S●wer ●or Commissioners Ras●al. Tit. Iust●. etc. That the King's Authority is superior to all other his greatest Officers and subordinate Ministers of justice, because their power is by Patent, or Commission derived from his: So we may from the selfsame reason conclude, that the High Court of Parliaments power (the representative Body of the whole kingdom) is the most Primitive, Sovereign and greatest Authority of all other, yea, larger and higher than the Kings; n Qui●quid efficie tale est magis tale & nam● potest da●e quod non labe●: are true in this case. because it only can enlarge the King's Prerogative, all whose original or additional Royalties, proceeded not from the King himself, or his Ancestors own inherent hereditary power, (for what King could justly without his people's consents, usurp a Crown or lawful Royal Prerogative to himself, over an whole Country?) but merely from the voluntary consent and grant of his people in the Parliament. This is irrefragably evident not only by the various o See Alex. ab Alexan●●o, l. 3. c. 2. facile pe●sp●e● poorest & 〈…〉 esse g●uera, nec cande●● 〈◊〉 two formas● in ●mnibu● esse regilbus Regalis potentiae genera numero sunt qua●u●r. Arist. Pol●●. l. 3. c. 10, 11. See Dan. c. 8. & 11. kinds of Kings; where of some are of greater power and authority. others of less; some by Election, others by succession only, by reason of their Kingdoms & Subjects original institution, by the divers alterations of the Monarchy in this kingdom, which hath been p See Mat. Pa. Spee. Hol. Graf. and others▪ sometimes divided into seven, sometimes into five, sometimes into three or two kingdoms, and at last reduced unto one; by the great q Livy hist. Rom. l. ●. Artist. Polit. l. 2. c. 8. goodwin's Rom. An●iq. changes and alterations made in all Foreign Realms, which have sometimes multiplied, sometimes diminished the number and power of their Princes, and sometimes quite abolished the royal form of Government, changing it into an Aristocratical or popular rule, or Dukedom: by the divine Authority of S. Peter, who in this regard calls Kings and their Supremacy, a r 1 Pet. 2. 13. 14. Alex. ab Alexandro. Gen. die. l. 3. c. 3. l. 4. c. 23. humane creature, or Ordinance of man, because instituted, limited, and moulded into several degrees of power by men over whom they reign; but likewise by two express determinations of Aristotle in these terms, s Polit. l. 3. c. 10 p. 209, 210. Regna patriis moribus & legibus FUNDATA & CONFIRMATA SUNT. And t ●b. l. 5. c. 13. p. 367. Verum Regnum est imperium majo●ibus & praestantioribus viris VOLUNTATE CIVIUM DELATUM, seconded by u De Officers, l. ●. C●elius Rhodi. Anti● Lect. l. 8. c. 1. Alex. ab Alexandro Gen. Die●●● l▪ 4. c. 23 L●●iel est. Rom. l. 1. Sect. 17. p. 14, 15. & l. 4. p. 144, 145. Plutar●l● Numa Pompilius. Tully, Livy, and others. It is the unanswerable Argument of Marius Salamonius (an * So Iacol●●s Carbinellus & others 〈◊〉 him▪ incomparable Roman Lawyer and Philosopher) in his Lib. 1. de Principatu, p. 17 to 27. Printed at Paris, 1578. Cumprivilegio Regis; To prove, The whole Kingdom and people the Sovereign power, greater than the Prince, and the Prince (be he King or Emperor) inferior unto them; because he is not only their Servant, but creature too; being originally created by, and for them. Now as every Creator, is of greater power and authority than its creature, and every cause greater than its effect: So the Authority and power of the people which creates the Prince and Princely power, and augments or limits it as there is cause, must needs be greater, than the Prince or royal power. Who though he be greater than any private subject or magistrate, over whom he rules; yet he is still inferior to all the people and kingdom, whose Servant or Creature he is, and by whose authority he doth and manageth all things. And though Principalities generally considered be of God; yet the constitution of Princes, and their several degrees of power are merely from men: for if the regal Authority of Kings were merely from the Law of God, or nature (as many ignorant Court Doctors now Preach and write) it should be the same, and like itself in all kingdoms, the same among the Romans, as Parthians, Scythians, Medes, and other Nations; But it is not the same among all these Nations, but different, such, Qualis suo cuique placet populo, as every People pleaseth to prescribe and make choice of; the Power, Rights, and Royalties of the Kings of the Parthians, Medes, and Scythians, being such as the Parthians, Medes and Scythians please; therefore the Rights and Prerogatives of the Roman Empire and Emperors, (and of the kingdom and King of England too) such as the Romans pleased, and prescribed by their Lex Regia: Which he there prosecutes at * See p. 45. 126 127. large. And it is the direct conclusion, not only of this Author, but likewise of john Mariana a Spanish Jesuit in his Book De Rege & Regis institutione, l. 1. c. 8. Dedicated to King Philip the third of Spain, and Printed by his and the Emperor's special Privilege both in Spain and Germany; That the whole Commonweal, kingdom and people, are of greater power and Authority than the King; as for other reasons, so for this, that he is but their Creature, Servant, and derives all his Royal Authority from them alone, not for his own, but their service, and benefit, who may enlarge or restrain it as they see just cause. And not to trouble you with Foreign Authorities in this point, which are infinite; I shall only acquaint you with the resolutions of some eminent ancient Lawyers of our own. Andrew Horn, an eminent Lawyer in Edward the first his Reign, in his Mirror of justices; Chap. 1. Sect. 2. p. 7, 8, 9 writes thus of the original institution of our English monarchs. After that God had abated the Nobility of the Britain's, who rather used force than right, he delivered it to the most humble and simple of all the neighbour Nations, the Saxons; who came from Germany to conquer it, of which Nation there have been forty Kings, all which held themselves to have COMPANIONS. These Princes called this Land England, which before was named Greater Britain. These after great wars, elected from among them a King to Reign over them, to govern the people of God, and to maintain and defend their persons and goods in peace, by the Rules of Law (or Right:) And at the beginning they caused the King to swear, that he will maintain the holy Christian faith to the utmost of his power, and guide his people by Law, without respect to any person, and shall be obedient to suffer (or undergo) Law, as well as others of his people. And afterwards this Realm was turned to an heritage, according to the number of the Companions, who divided the Realm into 38. Counties, and delivered each one a County to keep and defend from Enemies, according to every one's estate. And although the King ought to have no Peers in the Land, yet because if the King of his own wrong should offend against any of his people, neither he, nor any his Commissaries, can be both Judge and Party; OF RIGHT IT BEHOVES, that the King should have COMPANIONS, for to ●eare and determine in Parliaments all the Writs and plaints of the wrongs of the King, the Queen, and their children, and of those especially, of whose wrongs they could not otherwise have common right. These Companions are now called Counts, after the Latin Comites; and so at this day these Countries are called Counties, and in Latin Comitatus, etc. Henry de Bracton, who writ in Henry the third his Reign, as in his forecited Passages; so in others, resolves; x Lab. I. c. 8 f 5 lib. 3. c. 9 f. 107. That the King is under the Law, because the Law makes him a King, by giving him dominion and power. Now how doth the Law thus make him a King, but by the Parliament, the Kingdom's great Counsel? by whose Counsel and consent alone, all Laws were first enacted, and yet are, as the y Hujus●odi leges Anglicanae own fuerint app●●batae. & Sacramento Regis confirmatae muta●i non pote●●nt etc. Idem. I. 1. c. 2. f. 1. b. same Author informs us, who further adds. That the King ought to be under the Law, because Christ whose Vicar he is on earth, when be came to redeem mankind, made choice of this way especially to destroy the works of the Devil, using not the strength of his power, but the reason of his justice, and so would be z Gal. 4. 4, 5. under the Law, that he might redeem those that are under the Law; Thus the Virgin Mary the mother of our Lord, who by singular privilege was above the Law, yet to show an example of humility, refused not to be a Luk. 2. 22, 23, 24. subject to Legal Ceremonies. So therefore the King, lest his power should remain unbridled, there ought not to be a greater than he in the Kingdom in the exhibition of Justice; yet he OUGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING JUDGEMENT, if he require it. b Bract. lib. 3. c. 9 f. 10▪ I. 1. 8. f. 5. I. 2. c. 16. f. 34, That a King is created and elected, (by whom but by his kingdom?) to this purpose, to do justice unto all. c Comites, viz. quia a Comita●● sive a societa●e nomen sumpserunt, qui etiam dici possunt Co●sules a consulendo; Reges ●uim tales sibi associant ad c●usulendum & regendum p●pulum Dei, ordinantes eos in magna potestate, ●enore & nomine &c. Idem I. 1. c. 8 f. 5, 6. That a King cannot do any thing else in earth (seeing he is God's Minister and Vicar) nisi id solum quod de jure potest: but that only which he can do by Law. That God, the Law, and his Court (to wit) the Earls and Barons (in Parliament) are above the King, and aught to bridle him, and are thence called Comites, because they are the King's Companions. Fleta an ancient Lawbook, written in King Edward the third his Reign, l. 3. c. 3. & 17. useth the selfsame words that Bracton doth; and concludes That the King hath a Superior, to wit, God, and the Law, by which he is made a King, and his Court of Earls and Barons; to wit, the Parliament. Fortescue a Lawyer, Chancellor to King Henry the sixth, proves at large, That d Fortes●. de Laud. Legum Angl c. 9 the King of England cannot alter nor change the Laws of his Realm, at his pleasure; for why, be governeth his people by power not only Royal, but Politic. If his power over them were royal only, than he might change the Laws of his Realm, and charge his Subjects with tallage and other burdens, without their consent; and such is the Dominion the Civil Laws purport, when they say; The Prince's pleasure hath the force of a Law. But from this much differeth the power of a King whose Government over the people is Politic; For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects, NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people do frankly and freely enjoy and recover their own goods, BEING RULED BY SUCH LAW AS THEMSELVES DESIRE, neither are they peeled off their their own King or any other. Like pleasure also should the Subjects ●ave of a King ruling only by Royal power, sol ong as he falleth not into tyranny, St. Thomas in the Book he wrote to the King of Cyprus, justifieth the State of a Realm to be such, that it may not be in the King's power to oppress his people with tyranny; which thing is perfomed only, when the power Royal is restrained by power Politic. Rejoice then O * This he writes to our King Henry the 6. to whom he directs his Book. Sovereign Prince, and be glad, that the Law of the Realm wherein you shall succeed is such, for it shall exhibit and minister to you and your people no small security and content, Chap. 10, 11, 12. He shows the different sorts of Kings or kingdoms, some of greater, others of lesser power; some elective, others successive; proceeding merely from the people's free consents and institution, and that the ancient Egyptian, Aethiopian, and other Kings, were subject to, and not above their Laws, quoting sundry passages out of Aristotle, concerning the original of kingdoms. Chap. 13. He proceeds thus: A People that will raise themselves into a kingdom or other Politic body, must ever appoint one to be chief Ruler of the whole body; which in kingdoms is called a King. In this kind of Order, as out of an Embryo ariseth a body natural, ruled by one head, because of a multitude of people associated by the consent of Laws, and communion of wealth, ariseth a kingdom, which is a body mystical, governed by one man as by an head. And like as in a natural body, the heart is the first that liveth, having within it blood, which it distributeth among the other members, whereby they are quickened; semblably in a body Politic, THE INTENT OF THE PEOPLE is THE FIRST LIVING THING, having within it blood; that is to say, Politic provision for the Utility and wealth of the same people; which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body, whereby the body is nourished and maintained, etc. Furthermore, the Law under which a multitude of men is made a people, representeth the form of sinews in the body natural; because that like as by sinews the joining of the body is made sound; so by the Law, (which taketh the name a Ligando, from binding) such a Mystical body is knit and preserved together, and the members and bones of the same body, (whereby is represented the soundness of the wealth, whereby that body is sustained) do by the Laws, as the natural body by sinews, retain every one their proper function. And as the head of a body natural cannot change his Sinews, nor cannot deny nor withhold from his inferior members, cheir proper powers, and several nourishments of blood: SO NEITHER CAN THE KING (who is the head of the Politic body) CHANGE THE LAW OF THAT BODY, nor withdraw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS. For such a King of a kingdom politic, is made and ordained for THE DEFENCE OF THE LAW OF HIS SUBJECTS, and of their bodies and goods. WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE, SO THAT HE CANNOT GOVERN HIS PEOPLE BY ANY OTHER LAW. Chap. 14. be adds, No Nation did ever of their own voluntary mind incorporate themselves into a kingdom FOR ANY OTHER INTENT, BUT ONLY TO THE END, that they might thereby with MORE SAFETY THAN BEFORE MAINTAIN THEMSELVES, and enjoy THEIR Goods free from such misfortunes and losses as they stood in fear of. And of this intent should such a Nation be defrauded utterly, IF THEIR KING MIGHT SPOIL THEM OF THEIR GOODS, WHICH BEFORE WASPE LAWFUL FOR NO MAN TO do. And yet should such a people be much more injured, if they should afterwards be governed by Foreign and strange Laws, and such peradventure as they deadly hated and abhorred, and most of all, if by those Laws their substance should be diminished; for the safeguard whereof, as also for their honour, and of their own bodies, THEY OF THEIR OWN FREEWILL SUBMITTED THEMSELVES TO THE GOVERNMENT OF A KING. NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM; and yet IF THEY HAD NOT BEEN, SUCH A KING COULD HAVE HAD NO POWER OVERDO THEM. And Chap. 36. f. 86. He concludes thus. The King of England, neither by himself nor his Ministers imposeth no Tallages, Subsidies or any other burdens on his Liege's, or changeth their Laws, or make new ones without the concession or assent OF HIS WHOLE KINGDOM EXPRESSED IN HIS PARLIAMENT. Thus and much more this Learned Chancellor in point both of Law and Conscience, sufficient to stop the mouths of all Malignant Lawyers and Royalists, being Dedicated to and approved by one of our devoutest Kings, and written by one of the greatest and learnedest Officers of the Kingdom in those days. In few words, f ●ap. 8. vol. 1. p. 173. Raphael Holinshed, john Vowel and others, in their Description of England, Printed Cum Privilegio, resolve thus of the Parliaments power. This House HATH THE MOST HIGH AND ABSOLUTE POWER OF THE REALM, for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEEN DEPOSED FROM THEIR THRONES, and Laws are enacted, and abrogated, Offenders of all sorts punished, and corrupted Religion, either disannulled or reform. It is THE HEAD AND BODY OF ALL THE REALM, and the place where every particular man is intended to be present, if not by himself, yet by his Advocate and Attorney: For this cause any thing that is there enacted, is not to be withstood but obeyed of all men, without contradiction or grudge: and to be short, all that ever the people of Rome might do, either Centuriatis Comitiis, or Tribunitiis, the same is and may be done by the Authority of Parliament. Now the Romans in their Assemblies had power to enact binding Laws, to create and elect their Kings and Emperors, and likewise to judge, censure, and depose them; to create and elect all kinds of Officers, and to * See Bodin l. 2, c 5. l. 1. c. 10. Eu●ropius & Grimston in the life of Nero, Maximinus, Heliogabalus, and others. change the very form of their State and Government (as I shall hereafter manifest:) Therefore by these Authors resolution, the Parliament hath an absolute power to do the like, when they see just cause. Sir Thomas Smith one of the Principal Secretaries of State of King Edward the 6. and Queen Elizabeth, and a Doctor of Law, in his Commonwealth of England, l. 2. c. 1. in the old, but 2. in the last Edition, hath the same words in effect with Holinshed, and adds, that the Parliament giveth form of Succession to the Crown, etc. Our King's Royal power being then originally derived to them, conferred on them by the People's and kingdom's common consents in Parliament, and all their new additional Prerogatives too, as the premises evidence, it cannot be denied, but that the whole kingdom and Parliament, are really in this sense above him, and the most Sovereign primitive power from whence all other powers were, and are derived. Fourthly, This is undeniable, because the whole kingdom in Parliament, may not only augment, but likewise abridge, alloy, abolish, and resume some branches of the King's royal power and prerogative if there be just cause, as when it becomes onerous, mischievous, or dangerous to the Subjects, inconvenient to, or inconsistent with the kingdoms, people's welfare, peace, safety, Liberty, or the Laws; This is most apparent by Magna Charta; Charta de Foresta, Statutum De Tall agio non concedendo, Articuli super Chartas, Confirmatio Chartarum, 1 E. 3. c. 6, 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9 10 E. 3. c. 2, 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1, 2. & Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right, 3 Caroli, most Statutes against Purveyens, Pardons, Protections, and for regulating the King's Charters, Grants, Revenues: the Acts made this Parliament against Ship-money, Knighthood, Forest-bounds, Pressing of Soldiers, the Star-Chamber, High-Commission, the Triennial Parliament, the continuance of this Parliament, whiles they please, with g See the Arguments against Ship-money, & Impositions, & the declarations against the commission of Array. sundry other Acts, which restaine, abridge, repeal, resume divers real and pretended branches of the King's royal Prerogative, because they proved grievous, mischievous, dangerous, pernicious to the people and kingdom. This then answers that irrational, groundless position of Doctor Ferne; That h Resolving of Conscience Sect. 4, 5. the Subjects neither lawfully may, nor ought in any case to resume all or any part of that Regal power wherewith they have once invested their Kings by common consent, though it prove never so mischievous, and be never so much abused to the people's prejudice. Which, as it is contrary to that received principle of nature and reason: Eodem modo quo quid constituitur, dissolvitur, That all Governments created by men's consents, especially being but officers in trust for their good and welfare only; to i See joshua, judges, Saumel, Kings Chro. Dan. throughout. Isa. jerem. Ezek. in sundry chap. sundry precedents and Prophecies in Scripture concerning the Alterations, Subversions, Diminutions of Kings and kingdoms; to the constant practice of k See Sleidan de 4. or Imperiis Mat. West. Livyn justin, Opmerus, Purchas, Chroni. Chronicarum; & all general hist. all Realms, all States whatsoever, from Adam till this instant, who have undergone many strange alterations, eclipses, diminutions, yea Periods of Government: to the Resolution of l Polit. l, 2, 3, 4, 5, Plato de Republica, Bod. Commonweal. The Repub. of sundry Nations Polyb. Hist. l. 6. Aristotle, and all other Politicians, who hold all forms of Government changeable and revocable, without any injustice, if necessary or convenient; So likewise to the very end for which Kings have regal power (as well as other Governors, and Governements) and for which they were ordained; to wit, their kingdoms, people's m Rome, 14. 1 to 6. 1. Pet 2. 13, 14 2 Sam. 5. 12. Nehe. 2. 10. Psa. 78. 70, 71. 2 Chro 9 8. 1 Cor. 3. 21, 22. Estn. 10. 3. Arist. Pol. l. 3, 4 5. Coelius Rhodig l. 8. c. 1. Bra. l. 3. c, 9 f. 107. welfare, safety, peace, protection, etc. Salus populi, being not only that Suprema Lex, but principal end for which all royal power was instituted by God and Man, and to which it must submit in case it becomes incompatible, or inconsistent with the public weal or safety: What therefore that learned Father Augustine Bishop of Hippo, long since resolved touching the (now much contested for) Lordly State of Episcopacy, which he and near three hundred African Bishops more, were then ready to lay down for the Church's peace; I may fitly apply to the now overmuch contended for supposed royal Prerogatives of Kings, to effect peace in our State, in these times of uncivil military (that I say not bloody) dissensions, raised about them between King and Parliament, An● vero, etc. n Augustinus de Gest is 〈◊〉 Emerita Donatist. Epis Tom 7 par 2. p. 882 783. What verily did our Redeemer descend from heaven into humane members, and shall we, lest his very members he rend in pieces with cruel division, fear to descend out of out Thrones? we are ordained Bishops for Christian people's sake, what therefore may profit them for Christian peace, that let us do with our Bishoprickes. Quod autem sum propter te sim, si tibi prodest, non sim, si tibi obest. What I am, I may be for thee, if it profit thee; I may not be, if it be hurtful to thee. If we be profitable servants, why do we envy the eternal gains of our Lord for our temporal sublimities or Prerogatives? Our Episcopal dignity will be more fruitful to us, if being laid down it shall more unite the flock of Christ, than disperse it if retained. If when I will retain my Bishopric I disperse the flock of Christ, how is the damage of the flock the honour of the Shepherd? etc. Old statute Laws, yea the common Law of England, though above the King and his Prerogative, may be, and oft are repealed and altered by Parliaments, when they become mischievous or inconvenient; therefore by like or greater reason, may any branches of the King's Prerogative, inferior to these Laws, be restrained, yea resumed, when they prove grievous or dangerous to the Subject: It is the Kings own professed Maxim, in full Parliament; o At the end of the Petition of Right, 3 Caroli. (Printed and enrolled by his special command, in all his Courts) That the King's Prerogative is but to defend the People's Liberties: when therefore it either invades or subverts them, it may justly, it must necessarily be restrained, diminished or resumed by the Parliament, from whose assent or grant, it first proceeded, and that only for the public weal, not prejudice of the people. The Emperor p See Europius, Sabellicus, Grimston, Speed & others of his life. Otho the first, and our King Richard and second (as q Speeds History p. 757. some imagine) voluntary resigned, relinquished their Crowns, to their immortal honour, to prevent the effusion of their Subjects blood, by civil wars, and settle peace within their Realms: and shall not other Kings than most joyfully part with some Punctilios of their real, or branches of their supposed Prerogatives for the selfsame ends, if their Parliaments see good cause to resume them, and of right may do it? Fifthly, The King though he be the chief and principal (yet he is only one member of the Parliament and kingdom, the least (because but one person) though the highest branch; the Lords and Commons (not elected by, but assigned Counsellors to the King, by the kingdom and people) being the greatest and most considerable part, as representing the entire body of the Kingdom. Now common reason, Law, and experience manifests, and Aristotle Polit. l. 1. c. 2. with Marius Salamonius, de Principatu, l. 1. p. 40, 41. conclude, that the whole, or greatest part in all politic or natural Bodies is of greater excellency, power, and jurisdiction, than any one particular member. Thus in all our r See Br. Tit. Corporations. Corporations, the Court of Aldermen and Common Council is of greater power than the Mayor alone, though the chief Officer: the Chapter of greater authority than the Dean, the Dean and Chapter than the Bishop; the whole Bench, than the Lord chief justice, the whole Council than the Precedent; the whole Parliament then either of the Houses: and by like reason than the King; especially, since one of the three Estates is lesser than the three Estates together; who in Parliament, by the fundamental Constitutions of the Realm, are not s See the Fullet Answer to Dr. Ferne, p. 2, 3. Subordinate, but Coordinate parts of the same great Common-council of the kingdom. It is Aristotle's express determination, t Quod eorum qui rempublicam gerunt majori parti placuerit, id est ratum ac firmum, Arist. Polit. l. 4. c. 8. l. 1. c. 2. l. 3. c. 8. that in an oligarchy, Aristocracy, and Democracie, whatsoever seems good to the major part of the Governors of the Commonwealth, that is ratified; that the whole City, Kingdom, Family, is more excellent, and to be preferred before any part or member thereof. And that it is unfit the part should be above the whole: And in all Courts of Justice, Corporations, and Elections, u Br. Corpora. 34. 8. H. 6 c. 7. the major part have always had the greatest sway, and constantly overruled the less, though it be but by one casting voice; as is evident to all in the Elections of Knights, and Burgesses of, and votes in the Parliament; in which the x 14 H. 8. f. 3. b. King, Lords and Commons, by the Common Law, make up but one entire Corporation: since then even in Parliament itself, the major part overswayes the rest, yea the King himself (who hath no absolute negative voice, but only in refusing to pass some kind of Bills not all (of which more hereafter) doubtless the whole, or y Major Pars est totum, Brooks Corporati. 34. Smith's Commonwea. of Engl. l. 2. c. 3. major part of the Parliament (which in Law is the whole) is above the King, the chief member of it. Which consideration, together with the Statutes of 5 R. 2. State. 2. c. 4. 6 H. 8. c. 16. Enacting, That none elected to be in any Parliament shall depart or absent himself from the same Parliament till it be fully ended or pro●ogued, without special licence of the Speaker of the Commons to be entered of Record in the journal Book, under pain of amercement, loss of wages, & other punishment; nor * See the manner of holding Parliaments in England: newly Printed at London, 1641. & Dyer f. 60. a, Br. Parl. 7. any Member of the Upper House without that Houses licence under pain of indictment, imprisonment or fine; as appears by the Bishop of Winchester's case, 3 E. 3. 19 Fitz. Coron. 161. and Stamford, l. 3. c. 1. f. 153. completely answers that fond cavil of Malignants and Royalists against this Parliament; that the King and many of the other Members have wilfully absented themselves from the House, (of purpose to dissolve it if they could, notwithstanding the late special Act made by their joint consents for its continuance,) Ergo this unlawful Action of theirs (to effect this pernicious design) must nullify, or at least invalid (in their new nonsense Law and Logic) the lawful proceedings of those worthy faithful members who continue in it, to preserve both Parliament, Kingdom, Religion, Laws, Liberties, from ruin and dissolution. If these absent Members be the greater number, why do they not come and over-vote the rest in the House in a peaceable, legal, usual Parliamentary way, rather than challenge them into the field in a military, illegal, unusual bloody manner, unheard of in former ages? If the lesser party, then present or absent the major part must overrule them volens nolens, as it hath ever used, unless they will be wilfuller (I cannot say wiser) than all their predecessors put together. As for his Majesty's absence from the Parliament by the pernicious advice of evil Counsellors; Object. so much insisted on by Malignants. I answer, Answ. First, That it was without any just cause given by the Parliament. Secondly, It was much against their wills, who have a See their Messages & petitions to the King to this purpose. oft importuned, petitioned, and used all possible means to procure his return. Thirdly, His absence was procured, and is yet continued by those alone, who most unjustly tax the Parliament for it, and would take advantage of this their own wrong. Fourthly, though he be personally absent as a man, yet he is still Legally present in Parliament, (called the King's presence) as he is a King; as he is in all other his Courts of Justice, where all proceedings are entered, b See Cambd. Brit. p. 163. which styles the Parliament the King's presence The Register of Writs. Old & New Natura Brevium old & new book of Entries. Cook's Instit. on Lit f. 71. 6. Coram Rege, though the King never yet sat personally in either of them, as he hath oft times done in this Parliament; for the continuance whereof he hath passed such an Act, as will inseparably tie his royal presence to it, though the Cavaliers about him should be force withdraw his person from it, not only as far as York, but the remotest Indies; yea, he must first cease to be King of England, ere he can be legally absent from his Parliament of England. This his wilful personal absence from his greatest Counsel which desires and needs it, is (as many conceive) an Act of the highest injustice that ever any Prince could offer of his Parliament, worse than c 1 King. 12. & 2 Chron. 10. Rehoboams forsaking the counsel of his ancient Sages, to follow the harebrained advice of his young Cavaelieres; for though he followed not their ancient prudent counsel, yet he withdrew not himself from them, as his Majesty now severs himself from his Parliament, not only without but against all precedents of his Royal predecessors, except King d Grafton, p. 348, 349, 350. Richard the second (who once absented himself from his Parliament above forty days, yet then returned to it upon better advice) and the very common custom and Law of the Land, (which he is obliged by his Coronation Oath, and many late Protestations added to it, constantly to maintain.) This appears most clearly by the ancient Treatise, Of the manner of holding of Parliaments in England, both before and since the Conquest, ( * See Mi●shes Dictionary. lit. Parliam. f 526. tendered to and approved by the Conqueror himself, newly Printed 1641.) which in the Section, Touching the King's absence from Parliament, resolves thus. The King is BOUND by all means possible TO BE PRESENT AT THE PARLIAMENT; unless he be detained or let therefrom by bodily sickness, and then he may keep his Chamber, yet so as he lie not without the Manor, or Town at the least, where the Parliament is held: and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament, that is, two Bishops, two Earls, two Barons, two Knights of the shire, two Burgesses, and two Citizens, to look upon his person, to testify and witness his estate, and give * Note this. Authority to the Archbishop of the place, the Steward of England, and chief justice, that they jointly and severally should begin the Parliament, and continue the same in his name, (See 8 H. 5. c. 1. Cromptons' jurisdiction. f. 13. a. 17. b. according herewith) express mention being made in that Commission, of the cause of his absence there, which ought to suffice. The reason is, because there was w●nt to be a cry and murmur in the Parliament for the King's absence, because his absence is hurtful and dangerous to the whole commonalty of the Parliament, neither indeed OUGHT, OR MAY HE BE ABSENT, BUT ONLY IN THE CASE AFORESAID. And whereas Malignant's clamour, that most of the Lords are absent as well as the King, and therefore this can be no lawful Parliament; The same Author will inform them; That if the Lords be once summoned to Parliament, and then appear not, or absent themselves, the King may hold the Parliament with the Commonalty and Commons of the kingdom (every of which hath a greater voice in Parliament then the greatest Earl in England, because he represents a whole County, Town, or City, the other himself alone) without Bishops, Earls, or Barons; because in times past, before there was either Bishop, Earl, or Baron, yet even than Kings kept their Parliaments; but on the contrary, no Parliament can be kept by the King and Peers, if all the Commons (for the King's misgovernment, or such like cause) should absent themselves. This is the judgement of r In H●linsh Chron. of Ireland f. 127, 128. Master john Vowel too, who writes in this manner: Yet nevertheless, if the King in due order have summoned all his Lords and Barons, and they will not come: or if they come, they will not yet appear: or if they come and appear, yet will not do or yield to any thing, than the Kings with the consent of his Commons, may ordain and establish any acts or Laws, which are as good, sufficient and effectual, as if the Lords had given their consents. But on the contrary, If the Commons be summoned and will not come, or coming will not appear, or appearing will not consent to do any thing, illedging some just, weighty, and great cause; the King in these cases d 〈◊〉 jurisdiction of Cou●s, f. 8. 4 H. 7, 18. 7. H. ● 14 11 H. ●. 27. Parliament 42 76, 33 H. 6. 17. adjudged accordingly, B● Prerogative 134. cannot with his Lords devise, make, or establish any Law. The reasons are these, When Parliaments were first begun and ordained, there were no Prelates or Barons of the Parliament, and the temporal Lords were very few or none; and then the King and his Commons did make a full Parliament, which Authority was never hitherto abridged. Again, every Baron in Parliament, doth represent but his own person, and speaketh in the behalf of himself alone. But in the Knights, Citizens, and Burgesses are represented the Commons of the whole Realm, and every of these giveth not consent only for himself, but for all those also for whom be is sent. And the King with the consent of his Commons had ever a sufficient and full authority, to make, ordain, and establish good and wholesome Laws for the Commonwealth of his Realm. Wherefore the Lords being lawfully summoned and yet refusing to come, sit, or consent in Parliament, cannot by their folly, abridge the King and the Gommons of their lawful proceedings in Parliament. Thus and more john Vowel in his Order and Usage how to keep a Parliament; Printed Cum Privilegio. And Sir Edward Cook, in his Institutes on Magna Charta, proves that the Lords and Peers in many Charters and Acts, are included under the name of the Commons and Commonalty of England. But we need not retire to this last doubtful refuge; the Honourable faithful Lords now present, though not so many as could be desired, are the entire House of Peers in judgement of Law, (as those present at the election of Knights of the Shire, or Burgesses (though the major part be negligently or wilfully absent) are the whole Shire or Burrow) and the wilful absence of the residue, though the greater number, being e See Stamford f. 38. 155. 3 E. 3. 19 Coro. 161. contrary to Law, contrary to the Privileges of Parliament, and their late Protestations, tending to the very subversion of Parliaments (for which high contempt they and their * Sec 21 R. 2. c 6. Posterities too, may justly be disabled for ever to sit as members of that House, which they have so dishonourably, if not treacherously, deserted, even as f Dyer f. 60. n. Bract. Parli. 7. Crompt. Iurisd. f. 16. a. well as Knights and Burgesses, whose personal attendance is so necessary, that if during the Parliament, they absent themselves from it, about any businesses of their own, without leave of the House, or be so sick, or elected Mayors of a Town, or any other judicial Officers, so as they cannot attend the service of the House, they may thereupon be lawfully expelled the House, and a new Writ expressing the cause of their removal, shall issue for a new election of others in their places, to make the House complete, as was resolved by the Commons House, 38 H. 8. Br. Parliament 7.) can no more disable those now present from being a true and lawful House of Peers, than the multitudes departing from the true Church of God, to the fa●se, disprove it to be the true Church of Christ, g Luk. 12. 32 Matth. 13. 23. Mat. 7. 13, 14. whose true flock is but little. In a word h See Bishop Tewels Defence of the Apology, p 6. c. 7. Divis. 1. Bishop bilson's true difference of Christian subjection, and unchristian rebel. part 3. p. 540, 541, 542. Bishop Pilkington of the burning of Paul's steeple. Keilway, f, 184, ●. Cro●p. Iurisd. of Courts, f. 19, 20. 10 F. 4. f. 6. Stamf. Pleas, l. 33. 1. f. 153. Br. Coron 135. Antiq. Eccles. Brit. p. 229, 300. Sp. p. I 156 Mary. hist. p. 450. to 454. john Vowels Chronicle of Ireland p. 127, 128, divers Parliaments have been kept and held, and * 25 E. 3. stat. 6. de Provisionibus. 31 E. 3. c. 4. 36 E. 3. c 8. 38. E. 3. stat. 2. c. 2. 7. R 2. c. 12. 3 R. 2. c. 12. 11. R. 2. Preface & ●. 3. 12. 1 E. 3. c. 2. 14 E. 3. stat. 3. Preface. See 20 H. 3. c. 9 21 H. 3. stat. of Leap year, 4 H3 stat of Marlbridge. 4. E. I de Big. Prologue. &. c. 6. 6 E. 1. stat. de Gloster. Preface 13 E. 1. Acton Burnel. 13 E. 1. ● 43. de malefact. in part. 21 E. 1. Eschetors, 3 E. I. Quo warrant, 9 E. 2. Artic. Cleri. Pref. Acts made without Bishops or Abbots heretofore, even while they were reputed members of the Lords House, and one of the three Estates in Parliament; therefore this Parliament (which hath taken away Bishops Votes for ever) may be lawfully held, notwithstanding any Lords or Commons wilful absence from it in person; who yet as long as they are members of the Parliament, shall still be adjudged legally present, whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement, and make binding Orders, though the Chief Justice and his fellows be negligently or wilfully absent: Much more than may the Lords and Commons now present, do the like, in case of the Kings and other Members wilful absence, of purpose to ruin both Parliament and Kingdom, against which they are now in arms, and have levied open war. Sixthly, it is most apparent both by i 1 Sam. 19, 2 0. 2 Sam. 5. 12. 2 Chron. 9 8. Isa. 49 23. Rom. 13 4, 5. 1 Pet. 2 13, 14. Scripture, the verdict of all k Arist. Polit. l. 3, & 5. Plato: Agesilaus. Xenophon de Instit. Cyri. hist. Coelius Rhodig. Antiq. Lect. l. 8. c. 1. Bodin de Republica. Osorius de Rege & Regum Instit. Politicians and writers of note, the l The Preambles of all ancient statutes, Bracton l. 1. c. 8. l. 3. c. 9 Fleta l. 1. c. 5. 17. Fortescue c. 9 to 15. Statutes of our Realms and Lawyers, that kingdoms, Subjects, and Parliaments, were not created by God for the wills, pleasures, profit or benefit of Kings, who by birth and nature differ not at all from the meanest of their Subjects; but Kings were at first constituted, and still continued for the protection, welfare, benefit, service of their kingdoms, Parliaments, People, whose public Servants, Ministers, Shepherds, Fathers, Stewards, and Officers they are. Now Nature, Reason, and m 1 Cor. 3. 21 22. 23. Scriptures resolve, that he who is instituted merely for the benefit and service of another (as all the n Gen. 1. 26. to 31. c. 9 2, 3, 4. Psal. 8. 6, 7, 8. Creatures were created for man's use, and therefore are inferior unto man in dignity and power) is of less dignity, power, and jurisdiction, than the entire body of those for whose good he was instituted; as the o Ephes. 6. 5. Col. 3. 22, 23. servant is inferior to his Master; the p Gen. 8. 18. c. 3. 16. 1 Cor. 11. 3 8, 9 Ephes. 5. 23, 24. 1 Pet. 3. 1. 1. & 3. 18. Wife to her Husband, for whom they were created; the Mayor to the whole Corporation; and the King to his whole Kingdom and Parliament: which consideration hath caused sundry Kings and Emperors, not only to adventure their lives in bloody battles, but to lay down their Crowns for the peace and safety of their Subjects; witness q See Eutrop. Grimsi. & other in his life. Otho the first, and others; with the Examples of Moses, Exod. 32. 9 to 15, 32. Numb. 14. 11, to 15. of David, 2 Sam. 29. 17. 1 Chron. 21. 17. and john 10. 11. 15. with other precedents which I pretermit. And the reason is apparent, for if the King be slain in defence of the kingdom or People, yet the kingdom and people may remain secure, and another succeed him in that office of trust, (In which respect a Politic body differs from a Natural, that it hath life, continuance, and means to guide, defend, and Order itself, though the King and head be cut off by death.) But if the Realm and People be destroyed, though the King survive them as a Man, yet he must necessarily perish in and with them as a King, since he cannot possibly be a King without a kingdom and people; for whose good and safety alone he was made a King. Hence Aristotle, Polit. l. 3. c. 4. and Marius Salamonius, de Principatu, l. 2. p. 50. define a Principality, to be A just Government for the benefit of the people, respecting only the public good and welfare, not its own private advantage. Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Commonwealth. That as he is a Prince, he neither minds nor commands what is advantageous to himself, but what is beneficial to his Subjects; and whatever he saith or doth, he saith and doth it for the profit and honour of the Republic; which Cicero in his Offices hath more elegantly thus translated; As the defence, so the procuration of the Commonweal is to be managed to be benefit of those who are committed, not of those to whom it is committed. And de Finibus l. 3. A good and wise man, not ignorant of his civil Office, is more careful of the utility of all, than of any one, or of his own: Neither is a Traitor to his Country to be more dispraised, than a deserter of the common profit and safety, for his own profit and safety. And the Emperor * Salamonius de Principatu l. 2. p. 52. 59 See Codicis l. 1. Tit. 1. 3. Cordi nobis est, P. C. semper nostri animi curas rebus communibus avidissime impendere, etc. justinian used this golden sentence. Quod communiter omnibus prodest, hoc privatae nostrae utilitati praeferendum esse censemus; nostrum esse proprium, subjectorum commodum Imperialiter existimantes: Imperialis benevolentiae hoc esse judicantes, in omni tempore Subjectorum commodatam investigare, quam eis mederi procuremus. I shall conclude this with * De Principatu l. 2. p. 57 Salamonius his words. Let the Prince be either from God, or from men, yet think not that the world was created by God, and in it men, that they should serve for the benefit of Princes; for it is an absurdity, above what can be spoken, to opine that men were made for Princes, since God hath made us free and equal: But Princes were ordained, ONLY FOR THEIR PEOPLE'S BENEFIT, that so they might innocently preserve humane and civil society with greater facility, helping one the other with mutual benefits: Which he there largely proves by sundry Histories and Authorities. That of * General Hist. of Fran. p. 1069 Peter Matthew being a certain verity. All the Actions of a Prince must tend to the good and health of his people, for whom he lives, and more than for himself, as the Sun doth not shine and give heat, but for men, and the elements. The King then being made King, only for the Kingdoms, Parliaments, People's service, must needs (in this regard) be inferior to, not Paramount them in absolute Sovereign power; though greater, * 2 Sam. 18. 3. better than any particular Subjects. Seventhly, The Parliament (as our r Crompt. lurisd. of Cour. f. 1. etc. Bract. l. 1. c. 2. 19 H. 6. 63. a, 64. b. 31 H. 8. c. 10. Dyer 60. a Cooks Instit. on Lit. f. 109, 110 Law-bookes, and s Sir Thomas Smith, of the Commonweal. of England, l. 2. c. 1, 2. Holi. Descrip. of Engl. c. 8. p. 173. Cam. Brit. p. 173. Io. Vowels Order & Usage how to keep a Parliament. in Holin. Chron. of Ireland, p. 101, to 120. Minsh. Dictionary Tit. Parliament. Writers resolve) is the most high and absolute power, the supremest and most ancient Court of the Realm of England, and hath the power of the whole Realm, both Head and Body; and among other Privileges this is the highest, that it is above the Law itself, having power upon just grounds to alter the very common Law of England; to abrogate and repeal old Laws, to enact new Laws of all sorts, to impose taxes upon the people: Yea, it hath power to declare the meaning of any doubtful Laws, and to repeal all Patents, Charters, Grants, and judgements whatsoever of the King or any other Courts of justice, if they be erroneous or illegal, not only without, but against the King's personal consent, so far as finally to oblige both King and Subjects. Now it is clear on the contrary side, that the King hath not the power of the whole Realm vested in his person, that he t Fortescue, c. 10 to 15. Bract. l. 1, c 8. l. 3. c. 9 Fleta l. 1. c. 5. 17. Brook. Pate. 25, 41, 12, 51, 53, 69, 73, 100 & Prerogative, 15, 103. Commissi. 15, 16. See judge Crooks, & judge Huttons Argume. against Shipmoney, petition of Right, 3 Carol. Br. Pari. 42. and his Prerogative are not above, but subordinate to the Laws of the Realm; that he cannot by his absolute regal power, alter the Common Law of the Realm in any particular point whatsoever, that he cannot repeal any old, nor enact any new Law whatsoever, nor impose the least tax or common charge upon his people, nor imprison their persons, distrain their goods, declare any Law, or reverse any judgement in the meanest of his Courts, without or against his people's joint consents in Parliament; For Potest as sua juris est & non injuriae; &, Nihil aliud potest Rex in terris, nisi ID SOLUM QUOD DE JURE POTEST. Bracton l. 3. c. 9 f. 107. Therefore without any peradventure, the Parliament in this regard is the most Sovereign Authority, and greater in jurisdiction than the King. u Of the Commonws. l. 1. c. 10 p. 159. john Bodin that great Lawyer and Politician, resolves; That the chief mark of an absolute and Sovereign Prince is to give Laws to all his Subjects in general, and to every of them in particular without consent of any other greater, equal, or less than himself. For if a Prince he bound not to make any Laws, without the consent of a greater than himself, he is then a very Subject: if not without his equal, he than hath a Companion (as x l. 2. c. 16. f. 34 a. & l. 1. c. 8 f. 5. b. & Fleta l. 1. c. 17. Walsing. Hest. p. 36, 37, 40. Bracton and others forecited, say our English King hath; namely his Earls and Lords, thence styled Comites:) if not without the consent of his inferiors, whether it be of his Subjects, or of the Senate, or of the People; he is then no Sovereign. Whence it follows, that the Kings of England, who cannot make any Law to oblige either all or any of their Subjects, nor impose any Taxes, nor repeal any Common or Statute Law, but in and by their Parliaments, are no absolute Sovereign Princes (as some Royalists and Court Divines, most falsely aver them to be) but mere mixed Politic King, inferior to their Laws and Parliaments, the sole Lawmakers, Law-alterers, though not against, but with the King's assent, considered not abstractively as Kings, but copulative as a branch and member of the Parliament. And indeed to speak impartially, though the King's Royal assent y See Sir Thomas smith's Commonwealth of England: l. 2. c. 1, 2, 3. 〈◊〉 Description of England, c. 8. p. 173. & Chronicles of Ireland, p. 101, 102. M. Hackwels manner of passing Bills, Sect. 8. p. 74. Brock Parliament 4. 107 33 H. 6. c. 33. 33 H. 8. c. 21. Cromptons' jurisdiction f. 7 b. Br. Parliament 26, 39, 40, 41. be generally requisite to pass and retifie Laws: yet I humbly conceive, that the original, prime, Legislative power of making Laws to bind the Subjects and their Posterity, rests not in the Kings own Royal person, or Jurisdiction, but in the Kingdom, and Parliament, which represents it. For first, admit the King should propound any Laws to his people (as Kings and Lawgivers usually did at first) yet these Laws would not ways oblige them, unless they voluntarily consented and submitted to them in Parliament; and the sole reason why our Acts of Parliament bind the Subjects in former times, and at this day, is, not because the King willed them z 4 H. 7. 18. 7 H. 7. 14. 11 H. 7. 27 33 H. 6. 17. Br. Parlia. 4 40. 76. 107. Crompt. Iurisd. f. 8. a. Bro. Ancient Demesne, 20. 10 H. 7. 20. a, 33 H. 8. c. 17. but because the people gave their general consents unto them in Parliament, as Sir Thomas Smith in his Commonwealth of England, Holinshed, the Prologues to most ancient Statutes, (the King by the advice, and assent of the Lords Spiritual and Temporal, and Commons, and at the special request of the Commons in Parliament assembled, and by THE * Se● 2. 7. 8, 12 14, 17. 4 H. 7. AUTHORITY OF THE SAME PARLIAMENT, doth grant and ordain, etc.) The King's Coronation Oath, Quas vulgus Elegerit and all our Law-bookes resolve, and that upon this received Maxim of Law; Quod omnes tangit ab omnibus debet approbari. Hence * De Principatu l. 1 p. 35, 36. & p. 29, to 43. Marius Salamonius defines a Law to be, Expressa Civium Conventio; and avers, that Ligatur populus suis legibus, quasi pactis conventis, quae verae sunt Leges: And he likewise proves at large, That the Laws to which Princes assent are more the People's Laws than the Kings, because Kings do pass and grant them but as the public Ministers of the people, and by their command and direction, and they could neither assent to Laws, nor do any other Act of Royalty unless the people had given them such authority: with which Fortescue concurres, c. 9 13, 14. The King in passing Bills, doth but like the Minister in Marriage, declare it to be a Law; but it is the parties consents which makes the Marriage, and the people's only that makes it a Law to bind them; whence those in a Cook 7. Calvin's case, 7 H. 6. 35 b. Dyer, 373. Br, Parliament, 98. Scotland, Ireland, Man, Garnsey, and jersie are not bound by our English Statutes, nor Tenants in Ancient Demesne, as hath been oft times judged; because they consented not to them. Therefore the chief Legislative power is in the people and both Houses of Parliament, not in the King: as it was in the Roman State, where the b L●vie Hist. l. 1 & 2. Bod ●n Commonwealth, l. 1. c. 10. people had the Sovereign Jurisdiction of making and confirming Laws to bind them, not their Kings, Emperors, or Senate, as I shall hereafter manifest. Secondly, This appears by the case of c Fitz. Assize, 413. Avowry 74 Pres●●rip. 67. Br. Custom 31. Co. 5 Rep. f. 63, 64 67, 68 Kitchen 45, 73. 80. Customs, of By-Lawes in Corporations and Manors, which bind all the Corporation and Tenants (if they be reasonable) without the Kings or Lords consents, by reason of their mutual assents alone; and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents only, so do all public Acts of Parliaments oblige all Subjects, only because of their general assents to them in their Knights, Citizens, and Burgesses, elected by and d Sect ● jac. c. representing their persons. Thirdly, all e 33 H. 6. 17. Br. Parli. 4. Mr. Hackwel, of passing Bills, Crom. ●uris. f. 8. Chron. of Ireland f. 127 to 130. Bills or Acts of Parliament are usually made, framed, altered, thrice read, engrossed, voted and fully agreed upon in both Houses, without the King's personal knowledge or privity for the most part, before they come to have his Royal assent. And when they are thus agreed on by both Houses, the King cannot alter any one word or letter in them (as the Houses may do) but must either absolutely as●ent to, or consider further of them. And if the King send any Bill he desires to have pass, it must be thrice read and assented to in both Houses (which have power to reject, alter, enlarge, or limit it as they think meet) else it can be no Act at all. A clear Demonstration, that the chief power of enacting and making Laws is only in the people, Commons, and Peers, not the King: who by his Writ doth purposely summon them to meet and enact Laws, as the chief Legislators. Witness this notable clause in the y Cromp. juris. of Courts, f. 1 2. & at the end of the manner of holding Parliaments in England Writ for the Election of Knights, and Burgesses: Ita quodiidem Milites plenam & sufficientem Potestatem pro SE & COMMUNITATE Comitatus praedicti, & dicti Cives & Burgenses pro SE & COMMUNITATE Civitatum & Burgorum praedictorum divisim ab ipsis habeant, AD FACIENDUM ET CONSENTIENDUM HIS quae tunc & ibidem DE COMMUNI CONSILIO DICTI REGNI (not Regis) nostri contigerint ORDINARI super negotiis antedictis. Ita quod PRO DEFECTU POTESTATIS HUJUSMODI, etc. dicta negotia INFECTA NON REMANEANT quovis modo: answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius, about An. 185. Ex illis Dei gratia, PER CONSILIUM REGNI VESTRI SUME LEGEM, & per illam Dei potentia vestrum reges Britania regnum. Fourthly, all public Acts are the whole Kingdom's Laws, not Kings alone, made principally and solely for the Subject's benefit, if good; their prejudice, if ill: therefore the whole Kingdom (represented in and by both Houses, not the King) knowing much better what is good or bad for themselves, than the King alone, it is z See r s t u before. just and reasonable that they, and not the King, should be the principal Lawmakers, to bind or burden themselves with any new Laws, penalties or restraints. This is the ground of that notable Rescript of the Emperor Theodosius to the Roman Senate; which proves the Roman Emperors to have no right, nor power to declare or make Laws, but by the Senate's concurring assent and approbation, * justinian Cod. l. 1. Tit. 17. Lex 8. Humanum esse probamus, si quid de caetero in publica privatave causa emerser it necessarium, quod formam generalem & antiquis Legibus non insertum exposeat, id AB OMNIBUS autem tam Proceribus nostri Palatii, quam gloriosissimo caetu vestro, Patros conscripti, tractari: & si UNIVERSIS tam judicibus, quam VOBIS placuerit, tunc legata dictari; & sic ea denuo COLLECTIS OMNIBUS recenseri: & CUM OMNES CONSENSERINT, tunc demum in sacro nostri numinis consistorio recitari: ut UNIVERSORUM CONSENSUS, & nostrae Serenitatis authoritate firmetur. Scitote igitur, Patres conscripti, NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata. Bene enim cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE. Therefore doubtless he deemed the Senate the chief Legislators, as knowing better than himself, what conduced to the beatitude of the Empire, and to his own Imperial honour, and never dreamt of any negative voice annexed to his Imperiality, to deny such Acts as they once Voted for useful public Laws. Fifthly, It is clear, that all Acts which give any Subsidy, Taxes, Penalties, or forfeitures to the King, are made only by the People in Parliament, and not principally by the King, since the King cannot be said in any propriety to give any thing to himself. This is undeniable by the form of penning all subsidy Bills granted by the Commons or Clergy. Your Commons assembled in your High Court of Parliament, etc. humbly present your Majesty with the free and cheerful gift of two entire Subsidies, which we humbly beseech your Majesty graciously to accept, etc. Your Majesty's faithful Subjects the Prelates and Clergy, etc. with one agreement and uniform consent, have given and granted, and by these presents do give and grant to your Highness, etc. four entire Subsidies, in manner and form as followeth. And by the King's assent to these Bills, a Hackwels passing of Bills, sect. 8 p. 78. Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE, etc. the Commons having the sole power to grant or deny b See Ras●all Tax. & Tenths the Acts of Subsidies, 21 jac. & this present Parliament. 〈◊〉. p. 745. Subsidies and Taxes when they see cause, and to limit the proportion of them, the manner and time of paying them; and to order how and by whom they shall be received and employed; as all Acts of this nature manifest. If then they be the chief Lawmakers in these Acts which lay any imposition upon the Subject's goods, or restraint on his person; then by like reason in all other penal public Laws. This is infallibly clear by the King's * See part 2 p. 74, 75. Coronation Oath; who swears, That he will grant, fulfil and defend ALL RIGHT FULL LAW and CUSTOMS the which THE COMMONS OF THE REALM SHALL CHOOSE, and shall strengthen and maintain them after his power. If the Commons than are to choose Laws, and the King by his Oath bound to grant, strengthen, maintain and defend them when chosen by them, then doubtless they are the chief Legislators, not the King; whence Fortescue c. 9 resolves, That the People of England, are ruled by such Laws as themselves choose or desire: And that their Laws are their own, not the Kings. Seventhly, all Acts of Parliament made in the Reigns of usurpers who have no Title to the Crown, nor right to assent to Laws, are c See 1 E. 4 c. 6. 4 E. 4. 10, 9 E. 4. 1, 2. Br. Charters de Pardon, 22. 13 Eliz. c. 1 firm and good in Law, and shall bind the right heirs to the Crown, as is evident by the Laws made by King john, Henry the 4, 5, & 6. (reputed usurpers by Edward the 4.) and Richard the 3. acknowledged an usurper, whose Laws are yet in force. The reason is (as is clear by 1 E. 4. c. 6.) because these Laws, and all other Judicial Acts in Courts of Justice, are the Acts of the Parliament and Courts themselves, which are lawful; not of the usurping King, who is unlawful. Therefore certainly the Legislative power is more in the Parliament tha●● in the King, if not wholly in it, there being Laws and kingdoms before Kings were. Eightly, There are good and binding Laws in many Aristocratical and democratical States (as in d See the Republic of those states, & Bodin, l. 1 c. 10. l. 2, c. 3, 4, & 5. Venice, the Netherlands, Geneva, Florence, Switzerland, and other Republickes) where there are no Kings at all: Yea, there were such obligatory Laws in Bohemia, Poland, Sweden, Spain, Hungary, and other Realms, before they were erected into kingdoms; which remained in full force, and efficacy, and still bound both King and People after they became kingdoms; And the e Arist. Polit. l. 1, 2, 3, 4, 5. Godwins Roman Antiquities. Romans, Athenians, Lacedæmonians Laws of old, made under their Kings, survived and continued in their vigour, after their Kings were abandoned, and the very form of their states quite altered into an Aristocracy; yea the Laws made by the Roman Senate and People, continued in force after their Emperors were erected; and the very Lex Regia (recorded by f De principatu l. 6. p. 120, 10 126. Salamonius) which created, limited, and defined the very Prerogative, Power and Authority of the Roman Emperors, was made only by the Senate and People, who by that Law gave sometimes more Authority to one Emperor than to another; and restrained the power of some Emperors more than others, and subjecting them to some Laws from which they exempted others; and therefore doubtless were the supremest Lawgivers, and the Sovereign power above the Emperor) as g De principatu l. 1, 2, 3, 4, 5, 6. passim. Marius Salamonius, and * justin. Codicis l. 1. Tit. 17 Lex 4. Bodin prove at large. And the Emperor Theodosius is not ashamed to profess as much in his Edict to Volusianus, in these terms: Digna vox Majestate regnantis LEGIBUS ALLIGATVM SE PRINCIPEM PROFITERI: AD EO DE AUTHORITATE IVRIS NOSTRA PENDET AUTHORIT AS: & revera majus Imperio est summittere Legibus Pincipatum. Etoraculo praesentis Edicti, Quod NOBIS LICERE NON PATIMUR, aliis indicamus. If then Laws may thus be made where there are no Kings, by the people's joint consents alone; If Laws enacted in a State before by consent it be made a Kingdom, remain in force after it is erected into a kingdom, and continue after it ceaseth to be a kingdom, only by and for the people, consenting to them; as is evident by infinite, examples; and the people, Parliament, Senate, have anciently made, and may make Laws even to bind their Kings, and Sovereign's themselves in points of their Prerogative and power; then doubtless they, and not Kings are the chief Sovereign Legislators; and their Royal assents to Laws, are no ways essential to the very being of Laws, but rather a complemental Ceremony. Ninthly, admit the King should die without Heir, no doubt the kingdom and Parliament have a just right either to alter the government, or dispose of the Crown to what family they please (as the constant practice of all kingdoms in such cases manifests, and d The true difference, etc. part 3. p. 416. Bishop Bilson himself assureth us; That all Nations once members of the Roman Empire, when the right Heirs failed, were suffered to elect their Governors, where they pleased, as the Romans themselves might do) and no doubt they may make binding public Laws during the Inter-regnum: as the kingdom and Estates of * Hieron. Blan●a Rer. Arag. Com. p. 588, 589. Arragon did during their Inter-regnums. Yea, if the King be an infant (as Henry the 3, Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were, when the Crown descended to them) or non Compos Mentis, or taken with a dead Palsy or Apoplexy, or an Idiot by birth or Age, or a Monk professed, (as e Fox Act. & Monu. vol. 1. p. 173. Spee. Hist. p. 244. some Kings have been) or absent in a Pilgrimage to Rome, or a voyage to the Holy Land, (As the * Mat. West. An. 1273. p. 353. Dan. p. 185. See Speed & Holin. 1 E. 1. Lords and State Assembled at the New Temple, after the death of King Henry the third, during his Son King Edward the 1. his absence in the Holy Land, Proclaimed him King, swore fealty to him, CAUSED A NEW SEAL TO BE MADE; appointed ●it Officers and Ministers, for the Custody of his Treasure and Peace, and proclaimed his Peace throughout the Realm) or other remote foreign parts by reason of wars, as f See Nubrig. Spee. Hol. Mat. West. & others in the lives of R. 1. H. 1, 2, 3, 4, 5, 6, 7, 8. Ed. 1, 2, 3, 4. divers of our Kings heretofore have been; and so unable personally to consent to Laws; no doubt in all such cases, the right of creating a Protector to execute regal power, summon Parliaments, assent to Laws, is only in the g Walsing hist. Angl An. 1422. p. 458. Spee p. 1108. Graft. p. 496, 447, 648. Fab p. 470, Hall f. 176 to 183. Hoved. Annalpars' posterior. p. 702, 703, 705, 706. Parliament, which may in these cases make any public Acts without the King's personal presence or assent; and the assent; of the Regent or Protector, usually created by them, shall as firmly bind the King, as if he had personally consented, as is evident by all the Acts of Parliament passed during the minority of h Acts & Mon. old Edit p. 705. See Hol. Speed, Graft. in their lives. Henry the third, who was but nine years old; Edward the third, who was but thirteen; Richard the second, who was but eleven years of age; Henry the sixth, who was but nine month's old; Edward the sifth, but twelve years; Henry the eight not eighteen years; Edward the fixed but nine years of age, when they began their Reigns; and so uncapable of giving any personal consent to Laws by themselves (of which they could not judge, but by their Protectors,) and by all Acts made in the absence of King i See Hoveden Annal. pars posterior, p. 702, 703, 705, 706. Richard the first, Edward the 1, 2, 3, 4. Henry the 3. 2, 3, 4, 5, 6. and others out of the Realm; all good and binding Laws, as appears by 28 H. 8. c. 17. which altered, and 33 H. 8. c. 22, which declareth the Law in these particulars. A clear demonstration, that the Parliament is the most absolute Supreme power, and Lawgiver, not the King. Tenthly, The King hath little or no hand in making, but only in assenting to Laws, when they are made by the Houses; as the usual form of passing Acts (Le roil veult, The King wills (or assents to) it, not before, but after they have passed both Houses, imports: which assent of his, if the Bills be public and necessary for the Common good, is not merely arbitrary at the Kings will, but the King by Oath and duty is bound to give it, and the Lords and Commons may in justice demand it of mere right, as I shall show anon. His Royal assent then, though it be the last act which completes Bills, and makes them Laws, yet since it is but an assent to a Law formerly made by both Houses, which he cannot alter in any point: Yea, an assent, which the King in Honour, Law, Justice, Duty, by virtue of his Coronation Oath, is bound to give, as appears by the Prefaces of most Statutes, the Statute of Provisours, 25 E. 3. Parl. 6. 20 E. 3. and other Acts) it is so far from proving the King the Supreme power and Lawgiver, that it manifests the contrary, that this power principally resides in both the Houses, not the King. Eleventhly, The kingdom's Sovereignty and supreme jurisdiction above the King is most apparent by those Coronation Oaths, which Parliaments and the kingdom anciently, long before, or at leastwise in King Edward's days, before and ever since the Conquest, have prescribed to our Kings ere they would accept of them for their Sovereigns, of which I shall give you a short account. Before the Conquest, I read in n Fox Act & Mon. Edit. 1641. vol. 1. p. 214. & Lambards' Archaion, Leges Edwardi c. 17. Bishop Bilson, par. 3 p. 494. King Edward the Confessors Laws, not only the Office, but Oath of the King of England, (whom he and Bracton oft styles, Gods and Christ's Vicar upon earth) thus excellently described. A King ought above all things to fear God: to love and observe his Commandments, and cause them to be observed through his whole kingdom: He ought also to set up good Laws and customs, such as be wholesome and approved, such as be otherwise, to repeal them and thrust them out of his kingdom. Item, he ought to do justice and judgement in his kingdom, by the counsel of the Nobles of his Realm. All these things ought the King in his own person to do, taking his Oath upon the Evangelists, and the blessed Relics of Saints; swearing in the presence of the whole State of his Realm (as well of the temporalty as of the spiritualty) before he be Crowned of the Archbishops and Bishops. Three servants the King ought to have under him as Vassals, fleshly lust, avarice, and greedy desire, whom if be keep under as his servants and slaves, he shall Reign well and honourably in his kingdom. He must do all things with good advisement and pre●●e ditation: and that properly belongeth to a King: for hasty rashness bringeth all things to 〈◊〉; according to the saying of the Gospel; Every kingdom divided in itself shall be brought to dissolution. Master o Vol. 1. p. 214 Fox informs us, that William the Conqueror through the people's clamour promised to confirm this King Edward's Laws, but the most part of them be omitted, contrary to his Oath at his Coronation. Indeed, I find not in * In the life of William the first. William of Ma●●esbury, Henry Huntingdon, Matthew Paris, or Westminster, that William the Conqueror took this Oath at his Coronation; but only, that he was received by the Clergy and people at London in great triumph, & AB OMNIBUS REX ACCLAMATUS, and proclaimed King by them all, and then Crowned: but Roger de Hoveden, and Daniel out of him, are express in point; that according to the accustomed form, the Bishops and Barons of the Realm took their Oaths, to be his true and loyal Subjects; and he reciprocally, being required thereunto by Aldred, Archbishop of York, who Crowned him, made his personal Oath before the Altar of the Apostle Saint Peter, in the presence of the Clergy and People; That he would defend the holy Churches of God, and the Rectors of the same: Likewise that he would govern all the people Subject to him justly, and with royal providence: RECTAM LEGEM STATUERE ET TENERE, (which refers to future Laws) that he would establish and observe RIGHTEOUS LAW; and that he would utterly prohibit rapines, and unjust judgements. Nor did he claim any power by Conquest, but as a regular Prince submitted himself to the Orders of the kingdom; desirous to have his Testamentary title (howsoever weak) to make good his Succession, rather than his Sword; the flattery of the time only giving him the Title of Conqueror afterwards; but himself not claiming it. But William soon after forgetting this his solemn Oath, did (as * Hist. p. 440, 441. Speed with others write) abrogate for the most part, the ancient Laws of the Land, and introduce new hard Laws of his own, written in the Norman tongue, which the people understood not, and the judges wrested at their pleasures, to the forfeiture of Goods, Lands, Life. Hereupon the Nobility and Natives, seeking to cast off these snares and fetters of his Laws, set up Edgar Atheling for their King and General once again, & fell into a new conspiracy, raising great forces, & resolving to make the sword their judge. The King hereupon by Lanfrankes advise, who as Rehoboams sages, gave him counsel, somewhat to bear with their abuses, rather than hazard the ruin of all in fight, appointed a meeting at Berkhamsteed, Anno 1172. Where the King entering parley with the English Nobility, did so far wind himself into their good opinions, that they all forthwith laid down their weapons. And he for his part fearing to lose the Crown with shame, which he had gotten with effusion of so much blood, gave his Oath upon the holy Evangelists, and the relics of Saint Alban the Martyr (the same being ministered to him by Abbot Frederick) swearing to observe, and inviolably to keep the ancient Laws of this Land, and most especially those compiled by King Edward the Confessor; though (as the event soon showed) he little meant to do as he promised. Peace thus established; this conference ended, and the King's Oath received, the English Armies disband themselves, as dreaming they had now good fortune by the foot, and hoping the greatest storms of their dangers were passed; which presently proved but a vain surmise. For King William having compounded with the Danes, began extremely to hate the English Nobles, and with full resolution of their destruction, suddenly set upon them apart, which he durst not attempt when they were united; so that * See Huntindon hist. l. 7. p. 369. Mat. Par. hist p. 6. slaying many, imprisoning others, and persecuting all of them with fire and sword, well was he that could be first gone. Such little faith, or assurance is there in the solemn Oaths and Protestations of Kings to their Subjects; which are seldom really performed, and intended only as snares to entrap them, if they confide and rely upon them without any better security. a Mat. Westm. An. 1088. Eadmerus hist. l. 1. p. 13, 14, Matth. Paris hist. p. 12, 13. Speed, hist. p. 456. Graft p. 21, 22. Malmsb. l. 4. p 119, 120. After the death of William the Conqueror, William Rufus his younger son, in the absence of Robert the elder Brother, hastens into England, to obtain the Crown; and finding the greatest part of the Nobles against him; he gave his solemn Oath and faith to Lanfranke Archbishop of Canterbury his Tutor, that if they would make choice of him for their King, he would abrogate the overhard Laws of his Father, and promise to observe justice, equity and mercy throughout the kingdom in every business, and defend the Peace and Liberty of the Church against all men; and ease them of all hard taxes. Upon which conditions, volentibus omnibus Provincialium animis, by the voluntary consent and voices of all, he was chosen and Crowned King. Which promise and Oath he soon after brake; saying, Who is it that can fulfil his promises? Whereupon many of the Nobles, levied war against him, adopting Robert his elder Brother King. b Mat. Par. p. 52, 53, 54 Eadmerus hist. l. 2. p. 55. W. Malms. l. 5. p. 156 H. Hunt. l. 7. p. 378 Roger Hoveden, annal pars 1. p. 468. Polych l. 7 c. 11. Fab. par. 7. c. 226. p. 318. Graft. p. 32 Sp. p. 466, 467. William Rufus dying, Henry the first his younger Brother, in the life of Robert the right Heir assembling all the Clergy and people together to London, to procure their favour and love to choose him for their King and Patron, He promised the Reformation of those Laws, by which England had been oppressed in the Reigns of his Father and Brother. To which the Clergy and Nobles answered; That if he would with a willing mind reform those rigorous Laws, remit the Taxes imposed upon the Subjects, and by his Charter confirm those ancient Laws and Customs which flourished in the kingdom in the time of holy King Edward, they would unanimously consent to him, and consecrate him for their King. Which he willingly assenting to, and affirming with an Oath that he would perform; he was by the assent both of Clergy and people consecrated King at Westminster, promising by Oath, to confirm King Edward's Laws, and renounce all oppression; in pursuance whereof as soon as he was created, he by his Charter confirmed and reform divers Laws for the ease and benefit of his Subjects, recorded at large by Matthew Paris, Speed, and others. The beginning of this Charter is observable. Henry by the Grace of God, of England, etc. Know ye, that by the mercy of God, and COMMON COUNSEL of the Barons of the Kingdom of England, I am Crowned King. And because the kingdom was oppressed with unjust exactions, I, out of respect to God, and the love I bear towards you all, make the Church of God free, etc. And all the evil customs wherewith the kingdom of England was unjustly oppressed, I take from thence, which evil customs I here in part set down. And in the end of his Charter, he confirmed and restored to them King Edward's Laws, with those amendments of them which his Father made by the consent of his Barons. After which, those Laws of his were published through all England, and Ranulph Bishop of Durham banished the Court and committed to the Tower, for his oppression, bribery, and other crimes. Henry deceasing c Mat. Par. hi. p. 73. Malm. novellae hist. l. 1. p. 178, 179, 180 Hen. Hunt. l. 8. p. 386, 387. Hove. p. 481, 482. Ma. West. An. 1136. p. 35. Sp●p. 483 484. Graf. p. 41, 42. Maude the Empress his right Heir (to whom the Prelates and Nobles had sworn fealty in her Father's life time) was put by the Crown by the Prelates and Barons; who thought it baseness for so many and great Peers to be subject to a woman, and that they were freed of their Oath by her marrying out of the Realm, without their consents, and Stephen Earl of Mortaine (who had no good Title) assembling the Bishops and Peers at London, promising to them an amendment of the Laws according to all their pleasures and liking, was by them all proclaimed King; whereupon they all took their Oaths of Allegiance to him, conditionally; to obey him as their King; so long as he should preserve the Church's Liberties, and keep all Covenants, and confirm them with his Charter; according to the old Proverb; Quamdiu habebis me pro Senatore, & ego te pro Imperatore. All this the King at his Coronation swore, and promised to God, the people, and Church to perform. And presently after going to Oxford, he (in pursuance of his Oath) there sealed his forepromised Charter of many indulgent favours: the sum whereof was this. That all Liberties, Customs, and Possessions granted to the Church, should be firm and in force; that all bad usages in the Land touching Forests, exactions, and annual Taxes which his Ancestors usually received, should be eternally abolished; the ancient Laws restored; prefacing therein, d Assensu. Cleri & populi in Regem Angliae electus, Malm. p. 179. That he obtained the Crown BY ELECTION ONLY; Haec autem specialiter, & alia multa generaliter, se servaturum juravit; sed nihil horum quae Deo promiserat, observavit, write Matthew Paris, Hoveden, and Huntindon. Pene omnia perperam mutavit, quasi ad hoc tantum jurasset, ut praevaricatorem Sacramenti se regno toti ostenderet, saith Malmesbury. * See Speed p. 483, 484. Granting those immunities rather to blind their eyes, than with any purpose to manacle his own hands with such parchment chains: Such faith is to be given to the solemnest Oaths of Kings. But this his perjury was like to cost him his Crown, his Prelates and Peers thereupon revolting unto Maude. The form of King Henry the second his Oath I find not; only I read e Hoveden p. 491. Graf. p. 50. that upon his Coronation he caused the Laws to be reform, by advice of discreet men learned in the Law, and by his Proclamation commanded, that the good Laws of his Grandfather Henry should be observed and firmly kept throughout the Realm. Wherefore it is probable, he took the same Oath that he did. f Mat. Par. p. 147. Hoved. p. 657. Walsi. Tpodig. Neustr. An. 1189. p. 45, 46. Speed p. 530. Richard the first, succeeding, at his Coronation in Westminster Church coming to the High Altar, before the Clergy and people took this solemn Oath upon the Holy Evangelists, and many Saints relics. 1. That all the days of his life he would be are peace, honour, and reverence to God, and holy Church, and the ordinances thereof. 2. That to the people committed to his charge, he would exercise Right, justice and Equity. 3. That he would abolish naughty Laws and Customs if any were brought upon his kingdom; and would enact good Laws, and thesame in good sort keep, and without Mal-engin. Which Oath most solemnly taken, Baldwin Archbishop of Canterbury, standing at the Altar, forbade him in the name of Almighty God, to assume that honour, UNLESS HE HAD A FULL PURPOSE TO KEEP WHAT HE HAD SWORN; Whereunto Richard ASSENTING, and promising by God's help to perform all the premises WITHOUT FRAUD; With his own hand humbly taking the Imperial Crown from the Altar, delivered it to the Archbishop, who set it on his head. g Hoveden p. 793 Mat. Par. p 189, 190. Sp. p. 548, 549. 550. See Poly. Virg. Hol. Dan. p. 127, 128. King Richard deceasing, john his younger Brother, to put by Arthur the next heir to the Crown, came speedily out of Normandy into England; where the great assembly at Northampton, to preserve their Rights and Liberties, were content to accept of him for their King, to yield fealty, and keep faith and Peace to King john upon condition only, if he would restore to every of them their Rights; which, he afterwards violating it, was the occasion of great dissensions. Coming to London to be Crowned, Hubert Archbishop of Canterbury, (the Pillar of the Commonwealth's stability, and incomparable for deep reaching wisdom) steps forth in the midst of all the Bishops, Lords, Barons, and others there assembled at his Coronation, and spoke thus unto them. Hear ye all, you are in discretion to know, that no man hath right, or any other fore-title to succeed another in a kingdom * Astrange Archie piscopal Doctrine. unless first (with invocation for grace, and guidance of God's Spirit) he be BY THE BODY OF THE KINGDOM THEREUNTO CHOSEN, and be indeed some choice man, and picked out for some eminency of his virtues, according to the example and similitude of Saul the first anointed King, whom God set over his people, though neither the Son of a King nor of any royal descent. So after him likewise David the son of jesse; the one for being valorous, and a person fitting Royal dignity, the other for being holy and humble minded. To show, that whosoever in a kingdom excelleth all in valour and virtue, aught to surmount all in Rule and Authority: yet so, as that, if any of the Offspring of a deceased King surpasseth others, it is fit jointly to consent in election of such a one. This therefore we have spoken in favour of eminent Earl John, who is present, the Brother of our most illustrious King Richard now deceased, wanting an heir of his body; whom being provident, valiant, and truly noble, we having invocated the grace of the holy Spirit, have all unanimously ELECTED, as well in regard of his Merits, as of his royal Blood. Neither durst any doubt or demur on these things, knowing that the Archbishop had not thus defined without cause. Wherefore Earl john, and all men approving this speech, they ELECTED and ASSUMED the Earl for their King, and cried out saying, Let the King live. But the Archbishop being afterwards demanded, why he had spoken these things? answered, That he was assured by some divining foresight, that King John would work the ruin of the kingdom, corrupt the Crown, and precipitate it into great confusion. And that he might not have the reins free to do this, he OUGHT TO BE CHOSEN BY ELECTION, NOT BY SUCCESSION. King john at this his Coronation was involved in a threefold Oath: namely, That he should love holy Church and its Ministers, and preserve it harmless from the incursion of Malignants; That abolishing perverse Laws, he should substitute good ones, and exercise Right judgement in the kingdom of England. After which he was adjured by the Archbishop, in the behalf of God, and strictly prohibited, not to presume to accept this honour unless he fully purposed in his mind, actually to fulfil what he had sworn. To which he answering, promised that by God's assistance he would bona fide keep those things which he had sworn. After which he rightly settled the affairs of England by the counsel of his Nobles, and then passed over into Normandy. But how ill he kept this his Oath, with others of this nature; and how he violated the Statutes of Magna Charta and De Foresta, which he had confirmed with his hand, seal, Oath, Proclamations, the Bishop's Excommunications, yea, the Pope's Bull, within three months after he had confirmed them, and procured a dispensation of his Oath, an abrogation of these Laws from the Pope, making bloody wars upon his Barons and Subjects (who confiding to those confirmations and royal promises expected no such strange performances) spoiling, robbing, destroying his people every where, in the selfsame manner as we now are plundered; * See before p. 9, 10. Mat. Par. p. 243, to 247. worthy reading & consideration the Histories of his life too manifestly relate; which oft put his Crown in danger of utter loss, Lewis of France being Crowned King by the Barons in his stead, who renounced their allegiance to him, for his perjuries and breach of faith and making war upon them. john departing this life, his son Henry being but 9 years old, was proclaimed King, through the persuasion of the Earl Martial and of Pembroke (afterwards made his Protector,) who informed the Lords and Commons, h Fox Acts & Mon. Edi●. ult v. 1. p● 334. Speed p. 591. that though King john for his evil demeanours deserved their persecution and loss of his Cowne, yet his young child, tender in years, was pure and innocent from his Father's doings. Wherefore sith every man is to be charged with the burden of his own transgressions, neither shall the child (as Scriptures teach) bear the iniquity of his Fathers, they ought of duty and conscience, to bear themselves mildly towards this tender Prince, and take compassion of his age. And for as much as he was john's natural and eldest son, and aught to be their Sovereign, let us with one joint assistance APPOINT HIM our King and Governor, let us reneunce from us Lewis the French Kings Son, and suppress his people, which are a confusion and shame to our Nation, and the yokes of their Servitude let us cast from our shoulders. Upon which persuasions Henry was presently proclaimed and Crowned King at Gloucester: And though he were but an infant, yet being i Mat. Par. p. 278, 306. set before the High Altar, he swore before the Clergy and people upon the Holy Evangelists and divers Saints Relics, joceline Bishop of Bath dictating the Oath; That he would bear honour, peace and reverence to God, to holy Church and Priests, all the days of his life. He likewise swore, that he would maintain right justice among the People committed to his charge; And that he would blot out ill Laws and unjust customs, if there should be any in the kingdom, and observe good ones, and cause them to be kept by all men: How well he observed this solemn Oath, with many others of like nature made to his Lords and Subjects, for confirmation of Magna Charta, and their Liberties, k In his Edition Tigu 1589 p 876. 938, 958, 959, 960. Matthew Paris will inform us; who writes, That the King in all his Oaths and promises did so far transgress the bounds of truth, that the Prelates and Lords knew not how to hold this Proteus, the King; for where there is no truth, there can be no fixed confidence: That though be sometimes humbled himself, confessing that he had been often bewitched by ill counsel, and promised with a great Oath solemnly taken upon the Altar and Coffin of Saint Edward, that he would plainly and fully correct his former Errors, and graciously condescend to his natural Subjects good counsel; yet his frequent preceding breaches of Oaths and promises, Se penitus incredibilem reddiderunt, made him altogether incredible, so that (though he usually heard three Masses every day, but seldom any Sermons (as l Hist. Aug. p. 1, Walsingham notes) yet none would afterwards believe him, but ever feared and suspected his words and actions, and to avoid the infamy of perjury, which he feared, he sent to the Pope to absolve him from his Oaths he repented of, who easily granted him an absolution. Such faith, such assurance is there in the Oaths, the Protestations of Princes to their Subjects; whose Politic capacities oft times have neither soul nor conscience, and seldom keep any Oaths or promises, no further than it stands with their own advantages, reputing only pious frauds, to overreach and entrap their credulous people. This perfidiousness in the King, made his long Reign full of troubles, of bloody civil wars, and oft times endangered the very loss of his Crown and Kingdom, as our Historians inform us, for which he repented and promised amendment at his death. m Lib. 3. c. 9 f. 107. Bracton an ancient Lawyer in this King's days, writes. That the King in his Coronation OUGHT by an Oath taken in the name of jesus Christ, to promise these three things to the people subject to him. First, that he will command and endeavour to his power, that true peace shall be kept to the Church and all Christian people in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities, in all degrees. Thirdly, That in all judgements he will command equity and mercy, that so God who is gracious and merciful may bestow his mercy on him, and that by his justice all men may enjoy firm peace. For (saith he) a King is SACRED and ELECTED (to wit, by his Kingdom) for this end, to do justice unto all; for if there were no justice, peace would be easily exterminated, and it would be in vain to make Laws, and do justice unless there were one to defend the Laws, etc. The form of the King's Coronation & Oath ever since Edward the second hath been this, and is thus administered. p Mag. Char. Printed Cum Privilegio London 1558. part 2. f. 1640, juramentum Regis quando coronatur Remonstrance, Nou. 2. p. 25. to 38. The Metropolitan or Bishop that is to Crown the King, with a mean and distinct voice shall interrogate him, if he will confirm with an Oath the Laws and Customs granted to the people of England, by ancient, just, and devout Kings towards God, to the same people, and especially the Laws, and Customs, and Liberties granted by glorious King Edward to the Clergy and People. And IF HE SHALL PROMISE that he will assent to all these; Let the Metropolitan or Bishop expound to him, what things he shall swear, saying thus. Thou shalt keep to the Church of God, to the Clergy and people, peace entirely, and concord in God, according to thy power; The King shall answer, I will keep it. Thou shalt cause to be done in all thy judgements, equal and right justice, and discretion, in mercy and verity, according to thy power: He shall answer; I will do it. Thou grantest just Laws and Customs to be kept, and thou dost promise. that those Laws shall be protected and confirmed by thee to the honour of God, QUAS VULGUS ELEGERIT, which the people shall choose, according to thy power: He shall answer; I do grant and promise. And there may be added to the foresaid Interrogations, what other things shall be just. All things being pronounced, he shall with an Oath upon the Altar presently taken before all, confirm that he will observe all these things. There hath been a late unhappy difference raised between the q See the Parliaments Remonstrance of the 26 of May, p 9 His Majejesties Answer thereto, p. 16, 17. & the Parliaments Reply, Nou. 2. p. 29. to 38. King and Parllament about the word ELEGERIT; the Parliament affirming the word to signify, shall choose; according to sundry written Rolls and Printed Copies in Latin and French; the King on the contrary arffiming, it should be hath chosen; But he that observes the words of these ancient Oaths: Populo tibi commisso rectam justiciam exercebis, malas leges & iniquas consuetudines, si aliquae fuerint in Regno tu●, delebis, & bonas observabis, all in the future tense: and the verbs, serva●is, Fancies fieri, protegend●s, corroborandas in the former and same clauses of the Oath now used, all of them in the future, with the whole Scope, intent and purport of this part of the Oath, must necessarily grant, shall choose, to be the true reading; and that it refers to the confirmation of * Judge Huttons Argument against Ship-money, p. 32. determines so. future Laws, to be afterwards made in Parliament, not to those only in being when the Oath was administered; else Kings should not be obliged by their Oaths, to keep any Laws made after their Coronations by their own assents, but only those their Predecessors assented to, not themselves, which were most absurd to affirm. But because I have largely debated this particular, and given you an account of our King's Coronation Oaths from King Richard the seconds Reign downward, in my following Discourse, and debate of the Kings pretended Negative voice in passing Bills in Parliament, I shall proceed no further in this subject here. From these several Oaths and Passages, the usual form of the Nobles proclaiming such and such Kings of England, the r Pag. 8, 9 forecited Histories; the manner of our King's Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporal Oath of our Lord the King, to grant and keep, and with his Oath to confirm the Laws and customs granted to the people of the Kingdom of England, by ancient, just, and devout Kings of England, the progenitors of the said King, and especially the Laws, Customs and Freedoms granted to the Clergy and people of the said Kingdom, by the most glorious and holy King Edward, to keep to God and the holy Church of God, and to the Clergy and people, peace and concord in God entirely, according to his power, and to cause equal and right justice to be done, and discretion in mercy and truth, and also to hold and keep the just Laws and customs of the Church; and to cause that by our said Lord the King they should be protected, and to the honour of God corroborated, which the PEOPLE SHOULD JUSTLY AND REASONABLY CHOOSE to the power of the said Lord the King: the aforesaid Archbishop, going to the four sides of the said Scaffold, declared and related to all the people, how that our Lord the King had taken the said Oath, enquiring of THE SAME PEOPLE, IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD? Who with ONE ACCORD CONSENTED THERETO. Which * Hist. Angliae, 1 R. 2. p. 193. Thomas of Walsingham who relates the whole form of this King's Coronation thus describeth. Quibus completis, Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy, convertit se ad omnes plagas Ecclesiae, INDICANS POPULO REGIUM JURAMENTUM & quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE, & ejus jussionibus obtemperare VELLENT, ET RESONSUMESTA PLEBE resono clamore, QUOD LUBENTER SIBI PARERE VELLENT. Which custom both before and since hath been constantly in this Land observed at the Coronation of our Kings: from all these I say it is apparent: First, that Popish Parliaments, Peers, and Subjects, have deemed the Crown of England not merely successive and hereditary, though it hath usually gone by descent, but arbitrary and elective, when they saw cause, many of our Kings coming to the Crown without just hereditary Title, by the Kingdoms, Peers, and people free election only confirmed by subsequent Acts of Parliament, which was then reputed a sufficient Right and Title; by virtue whereof they then reigned and were obeyed as lawful Kings, and were then and yet so acknowledged to be; their right by Election of their Subjects (the footsteps whereof do yet continue in the solemn demanding of the people's consents at our King's Inaugurations) being seldom or never adjudged an illegal usurpation in any Parliaments: whence the statute of 1 E. 4. c. 1. & 9 E. 4. f. 2, declares King Henry the 4. 5. and 6. to be successively Kings of England indeed, and not of right, yet not usurpers because they came in by Parliament. Only Richard the third, (who treacherously murdered Edward the 5. his Sovereign, and violently usurped his Crown, at first, before any Parliament gave it him, compelling the Lords and Commons afterwards to Elect him King out of fear, after his slaughter in Bosworth field,) was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 etc. 9 E. 4. f. 1, 2. and Henry the 7. had the Crown set upon his head in the field, by my Lord Stanley, as though (saith s Pag. 852. Grafton) he had been elected king by the voice of the people, as in ancient times passed in divers Realms it hath been accustomed. Secondly, that those Kings who have enjoyed the Crown by succession, descent, or election, have still taken it upon the conditions and covenants contained in their Coronation Oaths; which if they refused to swear to the Peers and people, really and bona fide to perform, they were not then to be crowned or received as Kings, but adjured in the name of God to renounce this dignity. And though in point of Law, t Cook 7. Report. f. 10, 11. Calvin's case, Marsil. Patavinus Defen. Pacis pars, 2. ●. 25● those who enjoy the Crown by Succession, be Kings, before their Coronations; yet it is still upon those subsequent * Littleton, sect. 378, 379. & Cook's Instit. Ibid. f. 232, 233, 234. Conditions both contained in their Coronation Oaths, which impose no new but only ratify the old conditions in separably annexed to the Crown by the Common Law, ever since Edward the Confessors days, and long before, as Father * Littleton, sect. 378, 379. & Cook's Instit. Ibid. f. 232, 233, 234. Littleton resolves, (the Office of a King being an Office of the greatest trust of any other, which the Common Law, binds the King well and lawfully to discharge, to do that which to such Office belongeth to do) as the Oaths of all our Kings to their people; really to perform these Articles and Conditions, fully demonstrate. Thirdly, that these Oaths are not merely arbitrary or voluntary at the King's pleasure, to take or refuse them if he will, but necessary and inevitable, by the Law, and constant usage of the Realm, yea of all v Baldus Proaem de Feud. n. 32. Dr. Crakenth. defence of Constantine, p. 163. to 175: Grimst. Imperial hist. p. 653. Christian most Pagan Realms whatsoever, which prescribe like Oaths to their Kings. From a●l which I may firmly conclude, that the whole kingdom and Parliament are the Supreme Sovereign Authority, and Paramount the king, because they * See Fortescue, c. 12, to 15. johan. Mar. de Rege & Regis Instit. l. 1. c. 7, 8, 9 may lawfully, and d●e usually prescribe such conditions, terms, and rules of governing the people to him, and bind him thus by Oath, faithfully to perform the same, as long as he shall continue King; which Oath our Kings usually took, or at least faithfully promised to take to their Subjects in ancient times, before ever they did or would take an Oath of fealty, homage or Allegiance to them, as the premises evidence, & Claus. Rot. 1 R. 2. M. 44. Tenthly, Our Parliaments and Kingdom anciently in times of popery, and Paganism have both challenged and exercised a Supreme power over the Crown of England itself, to transfer it from the right heir, and settle it on whom themselves thought meet to elect for their King; and likewise to call their Kings to an account for their misgovernment, and breach of Oath to the prejudice of their people, so far as to article against them, and either by force of Arms, or a judicial sentence in Parliament, actually to depose them, and set up others in the Throne, as the * Pag. 7, 8, 9 forecited precedents, (of Archigallo, Emerian, two ancient British Kings, of Edwin king of Mercia, and others deprived of all honour and kingly dignity, by the unanimous consent of their Subjects for their Tyranny, Oppression, Maladministration, vicious lives, and others elected and made kings in their places) evidence, which Acts of theirs they then reputed just and legal. Polydo● Virgil. hist. Angl. l. 18. Sir Thomas de la More. Gra●ton, p. 215, 216. I shall cite you only two precedents of this kind, which have mere relation to Parliaments. The first is that of * Walsingham, hist. Ang. p. 107, 108, 109: Ipodigma, Neushia: p: 109, 110: Polychron, l. 7. ch. 43. King Edward the second, who being taken prisoner by his Queen, Son, Nobles, Speed, p. 681, 682. Daniel, p. 219, 218. for his maladministration; the Queen, with her son by the advice of her Council, summoned an high Court of Parliament at Westminster in the King's name, which began the 16 day of January, An. 1325. In which assembly it was declared, that this Realm could not continue without an head and governor, and therefore first, they agreed to draw into Articles the Misgovernment of the king that was in prison, Holinshed, Cayton, Stow, and others in his life: and all his evil doings, which he had done by evil and naughty Counsel. And when the said Articles were read and made known to all the Lords, Nobles, and Commons of the Realm, they then consulted how the Realm should be governed from thenceforth. And after good deliberation, and consultation of the foresaid Articles of the King's evil government, they concluded: THAT SUCH A MAN WAS NOT WORTHY TO BE A KING, NOR TO WE ARE A CROWN ROYAL. And therefore they all agreed, that Edward his eldest son, who was there present, and was rightful heir, should be crowned King in stead of his Father, SO THAT HE WOULD TAKE ABOUT HIM SAGE, TRUE, AND GOOD COUNCIL, and that from thenceforth the Realm might be better governed then before it had been. And it was also agreed, that the old king his father should be well and honestly kept as long as he lived, according to his estate. All these things concluded, they ELECTED his son Edward King in the great hall at Westminster, with the UNIVERSAL CONSENT OF THE PEOPLE THERE PRESENT; and the Archb. of Canterbury thereupon makes there a Sermon on this Text, Vox populi, vox Dei: exhorting the people, to invoke the king of kings for him they had then chosen. It was further ordered and agreed, that during the Parliament time, a solemn Message should be sent to the King to Kenelworth Castle, (where he was kept prisoner) to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOM, but also to resign unto him IN THE NAME OF THE WHOLE REALM, all their homage that before time they had done him: and to do this message, there was certain select persons chosen by the Parliament, namely, the Bishops of Winchester, Hereford, and Lincoln, two Earls, two Abbots, four Barons, two justices, three knights for every County, and for London, the Cinqueports, and other Cities and Burrougheses, a certain chosen number, with the Speaker of the Parliament, whose name was Sir William Tr●ssell: who coming into the King's presence told him, That the Commonweal had received so irre concileable dislikes of his government, the particulars whereof had been opened in the Assembly at London, that it was resolved never to endure him as King any longer. That notwithstanding, those dislikes had not extended themselves so far, as for his sake to exclude his issue, but that with universal applause and joy, THE COMMONWEAL HAD IN PARLIAMENT ELECTED HIS ELDEST SON, THE LORD EDWARD FOR KING. That it would be a very acceptable thing to God, willingly to give over an earthly kingdom for the common good and quiet of his Country, which they said could not otherwise be secured. That yet his honour should be no less after his resignation then before it was; only him the Commonweal would never suffer toraigne any longer. They finally told him, That unless he did of himself renounce his Crown and Sceptre, the people would neither endure him, nor any of his children as their Sovereign; but disclaiming all homage and fealty, would elect some other for king, who should not be of the blood. This message struck such a chillness into the King, that he fell grovelling to the earth in a swoon; which the Earl of Leicester and Bishop of Winchester beholding, run unto him, and with much labour recovered the half dead King, setting him on his feet: who being come to himself, the Bishop of Hereford running over the former points, concludes, saying, as in the person of the Commonwealth, That the king must resign his Diadem to his eldest son; or, after the refusal, suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOM. The dolorous King having heard this speech, broke forth into sighs and tears, & made at the last this answer, to this effect, That he knew, that for his many sins he was fallen into this calamity, and therefore had the less cause to take it grievously. That he much sorrowed for this, that the people of the kingdom were so exasperated against him, as that they should utterly abhor his any longer rule and sovereignty: and therefore he besought all that were there present, to forgive and spare him being so afflicted. That nevertheless it was greatly to his good pleasure and liking, (seeing it could none other be in his behalf) that his eldest son was so gracious in their sight, and therefore he gave them thanks for choosing him their King. This being said, then was a proceeding to the short Ceremonies of his resignation, which principally consisted in the surrender of his Diadem and Ensigns of Majesty to the use of his Son the new King. Thereupon Sir William Trussell the Speaker, ON THE BEHALF OF THE WHOLE REALM, renounced all homage and allegiance to the said Edward of Carnarvan, late King, in these words following, I William Trussell, IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND, AND OF ALL THE PARLIAMENT PROCURATOR, resign to thee Edward the homage that was sometimes made unto thee, and from this time now forward I defy thee, AND DEPRIVE THEE OF ALL ROYAL POWER, I shall never be attendant to thee as King after this time. After which King Edward the third being solemnly crowned, proclaimed his peace to all his people in these words: Edward by the grace of God, King of England, Lord of Ireland, and Duke of Aqui●ane, to N. N. our Sheriff of S. greeting: Because the Lord Edward our Father, late King of England, by THE COMMON COUNSEL AND ASSENT OF THE PRELATES, EARLS, BARONS, AND OTHER THE CHIEF MEN AND WHOLE COMMONALTY OF THE KINGDOM, did voluntarily remove himself from the government thereof; willing and granting that We, as his eldest Son and Heir, should take upon us the rule and regiment of the same: and we, with the counsel of the Prelates, Earls, and Barons aforesaid, yielding therein to our Father's good pleasure and will, have taken upon Us the Governanse of the said Kingdom, and as the manner is, have received the Fealties and Homages of the said Prelates and Peers. We therefore desirous that Our peace for the quiet and calm of Our people should be inviolably observed, do will and command you, that presently upon sight of these presents, you cause Our Peace to be proclaimed throughout your Bayliwick, forbidding all and every one on Our behalf, under pain and peril of disinheritance, and loss of life and limbs, not to presume to violate or infringe Our said Peace, but that every one pursue or follow his Actions and Complaints without any manner of outrage, according to the Laws and Customs of Our Kingdom: for We are ready and always will be, to administer full right to all and singular complaints, as well of poor as rich, in Our Courts of justice.. The second * Walsingham hist. Ang p 398. 399. 400. Ypodigma P 156. Hall's Chron. 1. ●. 4. s. 6. to 9 Fabianpa●t 7. p. 346. to 355. Grafton p. 400. to 407. Precedent is, that of King Richard the second, who being taken prisoner by Henry Duke of Lancaster, An. 1399. the Duke soon after, on the thirteenth of September called a Parliament in the King's Name, wherein was declared, how unprofitable King Richard had been to the Realm during his reign, how he subverted the Laws, p●lled the people, ministered justice to no man, but to such as pleased him. And to the intent the Commons might be persuaded, that he was an unjust and unprofitable Prince, and a Tyrant over his Subjects, and THEREFORE WORTHY TO BE DEPOSED; Speed. p. 757. 758. 759. 760. Trussel p. 43. to 50. there were set forth certain Articles (to the number of 32. or 38. as some record) very heinous to the ears of many: Holinshed, Stow, Heywood, and others. Fox Acts and Mon. vol 1. p. 671. some whereof I have * Herep. 29. 30. formerly recited, and the residue you may read in Hall, Grafton, Haywood, Trussell, and others. After which Richard was charged with the foresaid Articles, there was an instrument made declaring his Answers, and how he consented willingly to be deposed; the Tenor of which instrument was as followeth. This present Instrument made the Monday the 29. day of September, and feast of Saint Michael, in the year of our Lord God, 1389. and the 23. year of King Richard the second, witnesseth that where by the Authority of the Lords Spiritual and Temporal of this present Parliament, and Commons of the same, the right honourable, and discreet persons hereunder named, were by the said Authority assigned to go unto the Tower of London, there to hear and testify such Questions and Answers as then and there should be by the said honourable and discreet persons heard. Know all men to whom these present Letters shall come, That we, Sir Richard Scroop Archbishop of York, john Bishop of Hereford, Henry Earl of Northamberland, Ralph Earl of Westmoreland, Thomas Lord of Barkly, William Abbot of Westminster, john Prior of Canterbury, William Thirning, and Hugh Burnell Knights, and john Markham Justice, Thomas Stowe, and john Burbage Doctors of the Law civil, Thomas Fereby and Denis Lopham Notaries public, the day and year abovesaid, between the hours of eight and nine of the clock before noon, were present in the chief Chamber of the King's lodging within the said place of the Tower, where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales, the King being there at his pleasure and liberty, promised unto the Archbishop of Canterbury, than Thomas Arundel. and unto the said Earl of Northumberland, that for insufficiency which he knew himself to be of, to occupy so great a charge as to govern this Realm of England, he would gladly leave off, and renounce the right and title, as well of that, as of his title to the Crown of France, and his Majesty, unto Henry Duke of Hertford; and that to do in such convenient wise, as by the learned men of this Landit should most sufficiently be by them devised and ordained. To the which rehearsal the King in our said presences answered benignly and said, That such promise he made, and so to the same he was at that hour in full purpose to perform and fulfil, saving that he desired first to have personal speech with the said Duke, and with the Archbishop of Canterbury his Cousins: And furthermore, he desired to have a Bill drawn of the said Resignation, that he might be made perfect in the rehearsal thereof. After which Copy by me the said Earl delivered, we the said Lords and others departed. And upon the same afternoon the King desired much of the coming of the Duke of Lancaster, at the last the said Duke, with the Archbishop of Canterbury, entered the foresaid Chamber, bringing with them the Lord Ros, the Lord Burgeiney, & the Lord Willoughby, with divers others: where after due obeisance done by them unto the King, he familiarly and with a glad countenance to us appearing, talked with the said Archbishop and Duke a good season. And that Communication finished, the King with a glad countenance in presence o● us, and the other above rehearsed, said openly, That he was ready to renounce and resign all his Kingly Majesty in manner and form as he before seasons had promised: And although he had and might sufficiently have declared his renouncement by the reading of another mean person, yet he for the more surety of the matter, and for the said resignation should have his full force and strength, he therefore read the Scroll of resignation himself in manner and form as followeth. In the Name of God, Amen. I Richard by the grace of God, King of England and of France, and Lord of Ireland, acquit and assoil all Archbishops, Bishops, and other Prelates secular or religious, of what dignity, degree, state, or condition that they be of; and also all Dukes, Marquis' Earls, Barons, Lords, and all mine other liege men both spiritual and secular, of what manner of name or degree they be from their Oath of fealty and homage, and all other Deeds and Privileges made unto me, and from all manner of Bonds of Allegiance and Regality or Lordship, in the which they were or be bound to me, or in any otherwise constrained, and them their heirs and successors for evermore from the same Bonds and Oaths I release, deliver, acquit, and let them for ever be free, dissolved and acquit, and to be harmless for so much as belongeth to my person, by any manner way or title of right that to me might follow of the foresaid things or any of them: And also I resign all my Kingly Dignity, Majesty, and Crown, with all the Lordships, Power, and Privileges to the foresaid Kingly Dignity and Crown belonging, and all other Lordships and Possessions to me in any manner of wise pertaining, what name or condition they be of, out take the Lands and Possessions for me and mine obite purchased and bought. And I renounce all right and colour of right, and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions, or any of them, or to them, with any manner of rights belonging or appertaining unto any part of them: And also the rule and governance of the same Kingdom and Lordships, with all ministrations of the same, and all things, and every of them, that so the whole Empire and jurisdictions of the same belongeth of right, or in any wise may belong: And also I renounce the name, worship, and regality, and kingly highness, clearly, freely, singularly, and wholly in the most best manner and form that I may, and with deed and word I leave off and resign them, and go from them for evermore, saving always to my successors Kings of England, all the Rights, Privileges and appurtenances to the said Kingdom and Lordship's abovesaid belonging and appertaining: For well I wot and acknowledge, and deem myself to be and have been unsufficient and unable, and also unprofitable, and for mine open deserts not unworthy to be put down: And I swear upon the holy Evangelists here presently with my hands touched, that I shall never repugn to this resignation, dimission, or yielding up, nor never impugn them in any manner by word or by deed, by myself, nor by none other; nor I shall not suffer it to be impugned in as much as in me is, privily nor apart: but I shall have, hold, and keep this renouncing, dimission, and leaving up for firm and stable for evermore in all and in every part thereof, so God me help and all Saints, and by this holy Evangelist by me bodily touched and kissed: And for more record of the same, here openly I subscribe and sign this present Resignation with mine own hand. And forthwith in our presences, and other, subscribed the same, and after delivered it to the Archbishop of Canterbury, saying, That if it were in his power, or at his assignment, he would that the Duke of Lancaster there present should be Successor and King after him. And in token thereof, he took a Ring of gold from his finger, being his Signet, and put it upon the said Duke's finger, desiring and requiring the Archbishop of York, to show and make report unto the Lords of the Parliament of his voluntary Resignation, and also of his intent and good mind that he bore toward his Cousin the Duke of Lancaster, to have him his Successor and King after him. And this done, every man took their leave, and returned to their own. Upon the morrow following, being Tuesday, and the last day of September, all the Lords Spiritual and Temporal, with also the Commons of the said Parliament, assembled at Westminster, where, in the presence of them, the Archbishop of York, according to the King's desire, showed unto them seriously the voluntary Renouncing of the King, with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successor: And over that showed unto them the Schedule or Bill of Renouncement, signed with King Richard's hand. After which things in order by him finished, the question was asked first of the Lords, If they would admit and allow that Renouncement? The which when it was of the Lords granted and confirmed, the like question was asked of the Commons, and of them in like manner affirmed. After which admission it was then declared, That notwithstanding the foresaid renouncing so by the Lords and Commons admitted, it were needful unto the Realm, in avoiding of all suspicions and surmises of evil disposed persons, to have in writing and registered the manifold crimes and defaults before done by the said Richard late King of England, to the end that they might be first openly showed to the people, and after to remain of Record among the King's Records. The which were drawn and compiled, as before is said, in 38. Articles, and there showed ready to be read: but for other causes then more needful to be preferred, the reading of the said Articles at that season were deferred and put off. Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard, and that it was behooveful and necessary for the weal of the Realm to proceed unto the sentence of his deposal, they there appointed by authority of the States of the said Parliament, the Bishop of Saint Ass, the Abbot of Glastenbury, the Earl of Gloucester, the Lord of Barkley, William Thyrning Justice, and Thomas Erpingham▪ and Thomas Grey Knights, that they should give and bear open sentence to the King's deposition: whereupon the said Commissioners laying there their heads together, by good deliberation good counsel and advisement, and of one assent agreed among them, that the Bishop of Saint Ass should publish the sentence for them, and in their names, as followeth. In the Name of God, Amen. We John Bishop of Saint Ass or Assenence, John Abbot of Glastenbury, Richard Earl of Gloucester, Thomas Lord of Barkley, William Thyrning justice, Thomas Erpingham and Thomas Grey Knights, chosen and deputed special Commissaries by the three Estates of this present Parliament, representing the whole body of the Realm, for all such matters by the said Estates to us committed; We understanding, and considering the manifold crimes, hurts, and harms done by Richard King of England, and misgovernance of the same by a long time, to the great decay of the said Land, and utter ruin of the same shortly to have been, ne had the special grace of our Lord God thereunto put the sooner remedy, and also furthermore adverting the said King Kichard, knowing his own insufficiency, hath of his own mere voluntary and free will renounced and given up the rule and government of this Land, with all Rights and Honours unto the same belonging, and utterly for his merits hath judged himself NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYAL, We, the Premises well considering, by good and diligent deliberation, by the POWER, NAME, AND AUTHORITY TO US AS ABOVE IS SAID COMMITTED, PRONOUNCE, DISCERN, AND DECLARE the same King Richard before this to have been, and to be unprofitable, unable, unsufficient, and unworthy to the rule and governance of the foresaid Realms, Lordships, and all other App●rtenances to the same belonging: and FOR THE SAME CAUSES WE DEPRIVE HIM OF ALL KINGLY DIGNITY AND WORSHIP, AND OF ANY KINGLY WORSHIP IN HIMSELF. AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIVE, forbidding expressly to all Archbishops, Bishops, and all other Prelates, Dukes, Marquesses, Earls, Barons, and Knights, and to all other men of the aforesaid Kingdom and Lordships, or of other places belonging to the same Realms and Lordships, Subjects and Liege's whatsoever they be, that none of them from this time forward, to the foresaid Richard as King and Lord of the foresaid Realms and Lordships, be neither obedient nor attendant. After which sentence thus openly declared, the said Estates admitted forthwith the same persons for their Procurators, to resign and yield up to King Richard all their homage and fealty which they have made and ought unto him before times, and for to show unto him, if need were, all things before done that concerned his deposing. The which resignation a● that time was spared, and put in respite till the morrow next following: And anon, as this sentence was in this wise passed, and that by reason thereof the Realm stood void without Head or Governor for the time, the said Duke of Lancaster rising from the place where he before sat, and standing where all might behold him, he meekly making the sign of the Cross upon his forehead and upon his breast, after silence by an Officer was commanded, said unto the people there being, these words following: In the name of the Father, Son, and holy Ghost, I Henry of Lancaster claim the Realm of England and the Crown, with all the appurtenances, as I that am descended by right line of the blood, coming from that good Lord King Henry the third, and through the right that God of his grace hath sent to me, with the help of my ki●●e and of my friends to recover the same, which was in point to be undone for default of good Governance and due justice.. After which words thus by him uttered, he returned & set him down in the place where he before had sitten. Then the Lords perceiving and hearing this claim thus made by this noble man, either of them frained of other what he thought; and after a distance or pause of time, the Archbishop of Canterbury having notice of the Lords mind, stood up and asked the Commons if they would ASSENT TO THE LORDS, WHICH in their minds thought the claim by the Duke more to BE RIGHTFUL AND NECESSARY FOR THE WEALTH of the Realm, and of them all. Whereunto they cried with one voice, YEA, YEA, YEA After which answer, the said Archbishop going to the Duke, and setting him upon his knee, had unto him a few words: the which ended, he rose, and taking the Duke by the right hand, led him unto the King's seat, and with great reverence set him therein, after a certain Kneeling and Orison made by the said Duke, e●e he were therein set. And when the King was thus set in his Throne▪ to the great rejoicing of the people, the Archbishop of Canterbury began there an Oration o● Collation in manner as after followeth: * Fabian part 7. p. 351. 352. 353. Vir Dominabitur in populo, 1 R●gum cap. 9 These be the words of the high and most mighty King, speaking to Samuel his Prophet, teaching him how he should choose and ordain a Governor of his people of Israel, when the said people asked of him a King to rule them. And not without cause may these words be said here of our Lord the King: that is, For if they be inwardly conceived, they shall give unto us matter of consolation and comfort▪ when it is said that a Man shall have Lordship and rule of the people, and not a Child, for God threateneth not us as he sometime threatened the people by Esay 3. Esay. I fhall saith our Lord, give children to be their Rulers and Princes and weak or fearful shall have dominion over them. But of his great mercy he hath visited us. I tru●t his peculiar people, and sent us a Man to have the rule over us, and put by Children, that before time ruled this land after childish conditions, as by the works of them it hath right lately appeared, to the great disturbance of all this Realm, and for want and lack of a man: For as saith the Apostle Paul, in 1. Cor. 14. When I was a child I savoured and spoke as a child; but at the time when I came to the state of a man, than I put by all my childish conditions. The Apostle saith, he savoured and spoke as a child in whom is no steadfastness or constancy; for a child will lightly promise, and lightly he will break his promise, and do all things that his appetite giveth him unto, and forgetteth lightly what he hath done. By which reason it followeth, that needs great inconvenience must fall to that people that a Child is ruler and Governor of; nor is it possible for that Kingdom to stand in felicity where such conditions reign in the head and ruler of the same. But now we ought all to rejoice, that all such defaults be expelled, and that a Man and not a Child shall have Lordship over us, to whom it belongeth to have a sure reine upon his tongue, that he may be known from a Child, or a Man using childish conditions; of whom I trust I may say as the wise man saith in his Proverbs, Blessed be the man that hath wisdom, and that aboundeth in prudence: For that man that is ruled by sapience, must needs love and dread our Lord God; and whoso loveth and dreadeth him, it must consequently follow, that he must keep his Commandments. By force whereof he shall minister true Justice unto his Subjects, and do no wrong nor injury to any man, so that then shall follow the words of the wise man, which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King, being a just and right wise man, for the tongue of him worketh not iniquity and injustice, but the tongue of the wicked and sinners covereth iniquity▪ And who that worketh or ministereth Justice in due order, he not only safe guardeth himself, but also holdeth the people in a surety of restfulnesse, of the which ensueth peace and plenty: and therefore it is said of the wise King Solomon, Eccles. 10. Blessed and happy is that land, of which the King or Ruler is noble and wise, and the Princes be blessed that live in his time. As who would say, They may take example of him to rule and guide their Subjects; for by the discretion of a noble and wise man, being in authority, many evils are sequestered and put apart, and all dissemblers put unto silence; for the wise man considereth well the great inconveniences which daily now grow of it, where the child or incipient drinketh the ●weet and dilicious words unadvisedly, and perceiveth not intoxication which they be mingled or mixed with, till he be environed and wrapped in all danger, as lately the experience thereof hath been apparent to all our sights and knowledges, and not without the danger of all this Realm, and all was for lack of wisdom in the Ruler, which deemed and taught as a child, giving sentence of wilfulness and not of reason; so that while a child reigned, self will and lust reigned, and reason with good conscience was outlawed, with Justice, steadfastness, and many other virtues. But of this peril and danger we be delivered by the especial help and grace of God, because he that now ruleth is not a child, but perfect in reason, for he cometh not to execute his own will, but his will that sent him, that is to wit, Gods will, as a man unto whom God of his abundant grace hath given perfect reason and discretion to discern and deem as a perfect man; wherefore of this man we shall not only say, that he shall dwell in wisdom, but as a perfect man, and not a child, he shall think and deem, and have such circumspection with him, that he shall diligently forelook and see that Gods will be done, and not his: and therefore now I trust the words of the wise man, Eccles. 10. shall be verified in our King, saying, A wise and discreet judge shall now deem his people, and the Dominion or Lordship of a discreet wise man shall stand steadfast; whereupon shall then follow the second verse of the same Chapter, saying, Like as the Head and Sovereign is replenished with all sapience and virtue in guiding of his people, administering to them Law with due and convenient justice, so shall the Subjects be garnished with awe and loving dread, and bear unto him, next God, all honour, truth, and allegiance. So that then it may be concluded with the residue of the foresaid verses, Such as the Ruler of the City is, such than be the inhabitants of the same: So that consequently it followeth, A good Master maketh a good Disciple: And likewise, an evil King or Ruler shall lose his people, and the Cities of his Kingdom shall be left desolate and uninhabited. Wherefore thus I make an end, in stead of a child, wilfully doing his lust and pleasure without reason, now shall a man be Lord and Ruler, that is replenished with sapience and reason, and shall govern the people by skilful doings, setting apart all wilfulness and pleasure of himself; so that the word that I began with, may be verified in him, Ecce quia vir dominabitur in populo, the which our Lord grant, and that he may prosperously reign unto the pleasure of God, and wealth of his Realm. Amen, The which Oration being thus finished, and the people answering with great gladness, Amen. The King standing upon his feet, said unto the Lords and Commons present. Sirs, I thank you, my Lords Spiritual and Temporal, and all the States of this Land, and do you to understand, that it is not my will that any man think that by the way of conquest I would disinherit any man of his heritage, franchise, or other rights that he ought to have of right, nor for to put him out of that which he now enjoyeth, and hath h●d before time by custom of good Law of this Realm, except such private persons as have been against the good purpose and the common profit of the Realm. And this speech thus finished, all Sheriffs and other Officers were put in their Authorities, which season for the time that the King's Sea was void, and after every man departed. And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth. And upon the morrow following, being wednesday, and the first of October, the Procurators abovenamed went unto the Tower of London, and there certified Richard of the admission of King Henry: And the foresaid Justice, William Thyrning, in the name of the other, and for all the States of the land, gave up unto Richard late King, all homage and fealty unto him before him due, in like manner and form as before I have showed to you in the deposition of King Edward the second. And thus was this Prince deprived of all Kingly dignity and honour by reason of his evil counsel, and such unlawful ways and means as he by his insolency in his Realm suffered to be used, when he had reigned two and twenty years, three months, and eight days. So Fabian and others verbatim. Those Parliaments then and national Assemblies, which have thus disposed of the Crown and Kings themselves, and exercised such jurisdiction over them, must certainly be above them, and the highest Sovereign power. True it is, our Protestant P●eres, Commons and Parliaments, never challenged nor exercised such jurisdiction▪ and I presume they will not do it. However, it is neither honourable nor safe for Kings, and the most destructive policy their ill Counsellors can suggest unto them, so far to oppress their Subjects, or exasperate their Parliaments, as to provoke them to use the extremity of their Sovereign power, and revive dead sleeping Precedents for their relief; The consideration whereof when they were fresh, made succeeding Kings more just and moderate in their governments, and reclaimed many vicious oppressing Princes, as * See Ma●. West. Ie●ory Monm. Polych. Fab. Grafton Holin. Speed, in his life. Archigallo and others witness. We know what Solomon saith, y Eccles 7. 7. Surely oppression maketh a wise man mad; and if Kings or their evil Instruments shall so far mad their Subjects and Parliaments (either by oppressions, rapines, misgovernment, destroying, making war upon them, or putting them out of their protections) as to make them cry out as they did against King john. z Matth. Par. p. 264, 265, 268 Graft. p. 111. 112. Bishop Bilson. part. 3. p. 480. johannes factus est de Rege Tyrannus, imo de homine in bestialem prorumpens feritatem. Vae tibi Iohanni Regum ultime; Anglorum Principum abominatio, Nobilitatis Anglicanae confusio: Heu Anglia vastata, & amplius vastanda, etc. Whereupon presently ensued, a Nolumus hunc regnare. Tandemque decretum est, ut aliquem potentem in Regem eligerent, per quem possint ad possessiones pristinas revocari, eradextes quod nullus johanne peier, vel durior p●ssit dominari, & tale miserabile statuentes argumentum. — Fortuna miserrima tuta est, Nam timor eventus deterioris abest. Cumque aliquandiu, quem eligerent haesitassent, demum in hoc pariter consenserunt, ut Ludovicum filium Philippi Regis Francorum sibi praeficerent, & ipsum in Regem Angliae sublimarent; Which they did, to King john's, their own, and the whole Kingdoms great prejudice. We know what the ill advice of Rehoboams rough evil Counselors produced, 2 Chron. 10. See 2 Chro. 10. & 11. And the King answered the people roughly after the advice of the young men, saying: My father made your yoke heavy, but I will add thereto; my father chastised you with whips, but I will chastise you with scorpions. And when all Israel saw, that the King would not hearken unto them, the people answered the King (though some say he came to the Crown by succession) saying, What portion have we in David? and we have none inheritance in the Son of jesse; every man to your Tents O Israel: and now David, see to thine own house. So all Israel went to their Tents, and elected jeroboam for their King, and fell away from the house of David to this day, being never after united to it, but continuing a distinct Kingdom from it. This gross impoliticke maxim of ambitious Princes, now so much cried up and prosecuted: Aut Caesar, aut Nullus, hath utterly unkinged, ruined hundreds of Kings and Emperors, with their families; and deprived them not only of their Crowns but lives, as it did * See Plutarchi, julius Caesar, Eutropius, Zonaras, Grimston, and others in his life. Caesar himself, with many of his successors, whose tragical ends should deter all other Princes from their destructive, aspiring, tyrannous counsels, courses, maxims. Wherefore the best policy Kings can use, to perpetutate their Thrones to them and their posterity, is to treat their subjects so, a Seneca de Clementia, l. 1. as may win their hearts and affections, and not to strain their pretended prerogatives beyond the bounds of Law; this being a most certain experimented rule which b Polit. l. 5. c. 10, 11. p. 367, 368. See Polybius, Hist. l. 6. Aristotle (the Prince of politicians) gives; That there are two intestine causes most perilous and frequent of all others, by which a Kingdom is usually lost, and subverted. The first is, if the Nobles and people descent from the King himself. The second, if Kings will reign tyrannically, and usurp a greater domination or prerogative, than the Laws of their Kingdoms give them, Than he adds, Verily a kingdom is preserved by contrary remedies, specially, by a moderate kind and temperate form of Government. c Deut. 17. 19, 20. See Prov. 16. 12. c. 20. 28. c. 29. 4. 14. c. 25. 5. For by how much the more moderate the King shall be, and contented with smaller and fewer prerogatives, by somuch the more constant and longer-lasting shall his kingdom necessarily be; For by this means it recedes farther from the domination of Tyrants, and it comes nearer to the equability of manners and humanity of life, and is less envied by His subjects, which he proves by the notable speech and example of King Theopompus. And indeed this is the principal policy which God himself hath prescribed a King, to prolong his days in his Kingdom, he and his children after him; to keep all the words of this Law, and those Statutes to do them, (that is, to govern himself and his subjects only by Law, not power) to do justice and judgement, avoid oppression, & not to lift up his heart above his brethren; as if they were his vassals and not men, not Christians of the same kind and quality as himself is. Wherefore I shall close up this with old Bractons' resolution. d Lib. 3. c. 9 f. 107. & ●leta l. 1. c. 17. Potestas itaque Regis, juris est, & non injuriae. Exercere igitur debet Rex potestatem juris sicut Dei vicarius & Minister in terra: quia illa potestas * Id est, Sola. SOLIUS Dei est: potestas autem injuriae, Diaboli & non dei: cujus horum operum fecerit Rex, ejus Minister erit, cujus ope●a fecerit. Igitur dum facit justitiam, vicarius est Regis aeterni, minister autem Diaboli dum declinat ad injuriam. * See Leges Edwardi Confessoris cap. 17. in Lam●bards Archaion. f. 130. accordingly. Dicitur enim Rex à bene regendo, non à regnando: quia Rex est dum bene regit. Tyrannus dum populum sibi creditum violenta opprimit dominatione. Temperet igitur potentiam suam per legem, quae fraenum est potentiae, quod secundum leges vivat quia hoc sanxit Lex humana; quod leges suum ligent latorem; & alibi in eadem, * justinian. Codit. l. 1. Tit. 17. cap. 4. Digna vox Majestate regnantis est, legibus alligatum se Principem profiteri. Item, nihil tam proprium est imperii quam legibus vivere: Et majus imperio est legibus submittere principatum; & merito debet retribuere legi, quia Lex tribuit ei; facit enim Lex quod ipse sit Rex. Item, cum non semper oporteat Regem esse armatum armis sed legibus, addiscat Rex sapientiam & conservet justitiam. (All which is notably seconded by Judge Fortescue, De Laudibus Legum Angliae, c. 9 t●. 15. worthy any Prince's serious perusal:) And thus doing, neither he nor his Posterity need fear this Supreme prerogative power of Parliaments, which hath lain dead and buried for many ages; Et pereat positum rubigine telum. 11. All Papists e See p. 2. 3. & the Authors there quoted. Bishop ●ewels View of a seditious Bull, and of the Pope's Supremacy. Cassanaeus Cata. gloriae mundi, part. 4. attribute far more divine authority and Sovereign jurisdiction over Emperors, Kings, Princes, Kingdoms, Subjects, to the Pope their Lord and God, whom they make the Supreme Monarch of the World and all kingdoms in it, and give him greater authority to summon, ratify, and dissolve general Counsels, than ever any Christian King or Emperor, challenged or usurped: yet those who maintain these Paradoxes of the Pope's Supremacy, confess f See john Writes Way sect. 36. n. 30. 34, 35. p. 122. 104. 105. Surius Tom. 3. & 4. that a General Council is above the Pope; and may upon just cause (though they all plead his Sovereignty to be jure divino, and his person most sacred, terming him his Holiness, in the abstract) not only convent and censure the Pope for his misdemeanours, but likewise actually depose him, and set up another in his stead, as the Counsels of Pisa, Constans, Basil, (which deposed four Popes, namely, Gregory the 12. Benedict the 13. john the 23. and Eugenius the fourth) the Council of Chalcedon against Pope Leo, the Council of Sinuessa against Pope Marcellinus; the sixth, seventh, and eighth general Counsels against Honorius, the Counsels of g Fox Act & Monuments, vol. 1. p. 231. 235. 879. to 890. 962. Worms and Brixia against Hildebrand, the Council of Pisa, summoned An. 1511. of purpose to depose Pope julius for his perjury, experimentally manifest, and h See john Writes Way sect. 36. n. 30. p. 102. & n. 34, 35. p. 104, 105. sundry popish Writers acknowledge. Now the Council of Basil (as I showed * See p. 6. before) defined, That the whole Kingdom or Parliament hath as great power over their Kings, as a Council hath over the Pope: Therefore by Papists verdicts they are above the King in point of Sovereign power, as a Council is above the Pope: which john Mariana, de Rege & Regis Instit. l. 1. c. 3. to 10. professedly proves at large. 12. That Court which may lawfully censure, question, depose, banish, execute the King's greatest Favourites, Officers, Judges, yea Lord Protectors themselves, the highest Peers of the realm, (notwithstanding such are said to be i Psal. 82. 1, 2. Ex. 22. 28. John 10. 34. Gods, k Rom. 13. 1, 2, 3, 4. Ordained of God, Gods, Ministers, To l Pro. 8. 15. decree judgement by God, to be the higher powers, etc. in Scripture, as well as Kings;) and that not only with, but against the King's good will; must questionless be the highest power and jurisdiction in the realm, else the Kings and their Authorities might protect them against its Justice. But the Parliament may lawfully censure, question, depose, banish, execute all or any of these, not only without, but against the King's consent▪ witness the proceedings in Parliament against m Hoveden p. 702, 703. 705, 706, with Speed, Holinshed, Grafton, Stow, Matthew Paris, Polychrenicon, Fabian. Willam Longchamp, Bishop of Ely, Chief Justitiar, Lord Chancellor, and Viceroy of England, in Richard the first his reign, during his absence in the Holy Land,) from which offices he was by the Peers and Commons deposed for his misdemeanour, and oppressions. n Walsingh. Speed, Holinish. Fabian, in Edw. 2. Froyssards' Chron. part. 1. c. 12. 13. Pierce Gaveston and the two Hugh Spencer's, in Edward the seconds reign, of banished by Parliament, and violently put to death, though the King's highest Officers, and darling Minions. o Walsingham Holynsh▪ Speed, Grafton, Stow, in 11 R. 2. c. 1. 6, 7. Froysards Chro. part. 1. c. 97 Michael De la pole, with other great Officers, and Favourites to King Richard the second, condemned, deprived of their Offices, banished and executed by the Peers in Parliament, together with Tre●ilian, Belknap, and their fellow Judges, who misadvised him in point of Law: p Hall. Stow, Speed, Holynsh. Grafton, Fox. in H. 6. Humphrey Duke of Gloucester, protector to king Henry the sixth, arrested of high Treason in a Parliament at Bury, and there murdered; q Hall. Holin. Grafton, Stow, in H. 8. Cardinal Wolsey, that powerful favourite to king Henry the eight, accused and put from his Chancellorship and other Offices by the Parliament; r Fox, Speed, Holinshed, Stow, Grafton in Ed. 6 The Duke of Somerset, Lord protector to King Edward the sixth, accused and attainted of high Treason in Parliament, for which he lost his head; the great Earl of Strafford Lord Deputy of Ireland, who lost his head this Parliament for Treason, full sore against his Majesties and the Queen's wills, with infinite others mentioned in our stories and records: Nay Queens themselves have undergone the censures of Parliament, (of which we have sundry precedents in s See Fox, Hall, Speed, Holinshed, Grafton, in his life, 28 H. 8. c▪ 7. & 35. H. 8. c. 1. king Henry the eight his reign) not only to divorce, but loss of their very heads; and shall any Delinquent then think to be protected by any power against the Parliaments justice now? 13. Not to menion the Parliaments power and jurisdiction even in reforming the excesses and abuses of the kings own menial servants, and of the extraordinary train and expenses of the Kings own Court, and gifts; for which I find these following Precedents, with others; collected by Mr. William Noy himself, (as is reported) his Majesty's late Attorney General, An. 1634. in a Manuscript, entitled, A Declaration, etc. passing under his name. * Rotulo Parlia. 3 Ed. 3. n ●. 10, 11, 12, 13, 14, 15, 16, 17. Anno, 3 Ed. 3. the household was reform by the petition of the people. An. 1 R. 2. the household was brought to such moderation of expense as may be answerable to the revenue of the Crown, Rotulo Parliamenti, 1 R. 2. in and by Parliament. Anno. 5 & 6 R. 2. the Commons petition was, Rotulo Parliamenti, An. 5 & 6 R. 2. that the excessive number of the King's menial servants may be remedied, or else the realm would be utterly undone, and that his household might not exceed the ordinary revenue of the realm. Anno 4 H 4. the people crave a reformation of the King's house; Rotulo Parliam. 4 H. 4. & 11 H. 4 & Anno 7. that he would dismiss some number of the retinue, since it was now more chargeable and less honourable than his progenitors; and that the ancient Ordinances of the household, in ●ase of the people might be kept, and the Officers of the household sworn to put the Ordinances and Statutes in due execution; and to consider the griefs of his Subjects by unjust purveyance, contrary to the Statute, that hereafter he might live OF HIS OWN GOODS IN EASE OF HIS PEOPLE. Ex Rotulo & act. Conc. Anno 7▪ H. 4. Which the King willingly doth, as appeareth by an Ordinance in Counsel whereby the charge of the household is limited to 16000 marks. Anno 12 & 18 H. 6. the charge of the King's house is reduced to a certainty, Rotulo Parliamenti, Ano. 12 H. 6. & 18 H. 6. Ex Rot. Parl and lessened by petition and order in Parliament. Anno 12 E 4. the King in Parliament promiseth to abate his household, Ano. 12 E. 4. Ex libro Ordinationum, Ano. 12 E 4. and hereafter to live upon his own, so settling a new form of his Court, which is extant in many hands, and entitled, Ordinations for the King's house. Anno 3 E. 2. an Ordinance was made for the King's household in ease of the King's people oppressed with purveyance, Ano. 3 E 2. Ex liber dict. Au●a Regis. by reason of the greatness thereof; and the motive of that Ordinance was, to the honour of God, and profit of holy Church, and to the honour and profit of the King, and the benefit of his people, according TO RIGHT AND REASON, AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Reign. Thus R. 2. did discard the Bohemians, Ex Rot. Parl. 7 & 12 H. 4. & 10. R. 2. Anno 10. by an act of Parliament, at the people's petition surcharged by them. Thus H. 4. did with the Gascoignes and Welsh in like sort, Ex Rot. Parl. Ao. 7 & 12. H. 4. overburdening and impoverishing the King and Realm with perpetual suits, so that in Court as the Record saith, there were no men almost of substance, or valiant persons, as there ought to be, but rascals for the greater part. Hence was it, Rotulo Parliam. Ao. 11 R. 2. that the wisdom of former times foreseeing the mischief the open hand of the Sovereign might bring the state into, made a Law 11 R 2. that whatsoever cometh to the King by judgement, escheat, forfeiture, wardship, or in any other ways, Ao. 2. 4 5. H. 4▪ n. 9 shall not be given away, and that the procurer of any such gift shall be punished. This Law the Parliament continued 7 H. 4. until the King was out of debt, 7 H. 3. Rot. Parliamenti. making frustrate the grants of these, and ordaining a penalty of double value to every mover or procurer of such grants. The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Council, Rotulo Parliamenti, Ao. 11 H. 4. n. 293. who might examine it, lest that the King's wants should light upon the Commons. And to keep the hand of H. 6. from wasteful giving, 20 & 25 H. 6. marked 24. the Council enduced him to convey to the Archbishop of Canterbury and others, all profits of wards, marriages, reliefs, escheats and forfeitures, to defray the charge of his house. It is one of the greatest accusations in Parliament against the Duke of Somerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoil, Ex Rot. Parl. 28 H. 6. for so are the words of the Record. And it was the first and chiefest Article to depose R. 2. for wasting, and bestowing the Lands and the revenue of the Crown upon unworthy persons, Ex Rotulo Parliamenti, 1 H. 4. and thereby overcharging the Commons with exactions. Nor yet to mention the Parliaments Sovereign Power and Jurisdiction t Matth. Paris p. 500, 562, 933 934, 935. in making or proclaiming War or Peace, in which they have oft times not only advised, but overswayed the King; in creating the highest Officers, t Speed p. 750. Grafton, p. 188, 189, 240, 241, 221, 222, 223. in ordering the Militia of the Kingdom by Sea and Land by settled Laws (of which more anon;) or in ordering the Coin and Money of the Land, together with the Mint, or designing how the Subsidies and Aids granted by them to the King, shall be disposed of to the Kingdom's use, t The several Acts for Subsidies and R●stal War, Truce, Arms, Money, Mint, Musters, Taxes, Tonriage, & Poundage. The Parliaments two Remonstrances concerning the Militia, Cook's ins●it. on Artic. Super Chartas. 575. to 579. of which there are sundry precedents. All which, together with the Acts concerning his Purveyance, Pardons, Charters, Grants, and all Revenues Royal, are strong (u) evidences of its Sovereign Authority. Nor yet to remember that infallible Argument, to prove Kingdoms greater, and more valuable than Kings; that Kings as public servants to their Realms, aught to hazard their lives for their Kingdom's safety and preservation (as many have done in wars against enemies) but never ought the whole Kingdom to be lost or hazarded to preserve the King's Prerogatives, that of john 11. 48, 49, 50. and chap. 1814. being an undoubtted rule in Divinity and Policy. * See Mat. Par. p. 268. Legimus quod multi alii Reges, imo & Reguli, usque ad mortem dimicaru●●, etc. That it is expedient that any one man, (though a King, yea Christ the King of Kings) should die for the people, that the whole Nation perish no●; rather than the whole Nation die for him. Priorque mihi & potior ejus officii ratio es●, quod humano generi, quam quod uni hominum debe●, as Seneca de Benefic. l. 7. Gentilis de jure Belli. l. 1. c. 16. resolve, from the light of nature and common reason. I shall only add this important consideration to illustrate this obscured truth. It can * See johannis Mariana de Rege & Regis Ins●it. l. 1: c. 8. Marius Salamonius de Principatu. l. 1, 2, 3, 6. Fortescue, c. 9 to 15. Aristot Polit. l. 3. c. 9, 10, 11. l. 5. c. 10, 11. Hugo Grotius, de jure Belli, l. 1 c. 4. sect. 7. p. 85▪ 86. hardly seem probable, much less credible, that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdom, and set up an elective or hereditary King over them, would so absolutely resign up their Sovereign popular original authority, power, and liberty to their Kings, their heirs, and successors for ever, as to give them an absolute, irrevocable, uncontrollable Supremacy over them, superior to, irrestrainable, irresistible, or unalterable by their own primitive inherent national Sovereignty, out of which their regal power was derived. For this had been to make the Creator inferior to the Creature, the Parent subordinate to the Child, the Derivative greater than the Primitive, the Servant (for Princes are but their Kingdom's public Ministers) more potent than the Master; of Freemen, to have made themselves and their Posterity absolute slaves and vassals for ever; and in stead of a Principality, intended only for their greater safety and immunity; to have erected a Tyranny, to their perpetual irremediable Oppression and slavery: A most brutish, sottish, inconsiderate rash action, not once to be imagined of any people; quite contrary to the practice of the Lacedæmonians, Romans, Germans, Arragonians, and most other Nations, who still reserved the Sovereign power to themselves, and never transferred it to their kings or Emperors, who were ever subject to their jurisdictions, and censures too, as I shall manifest at large in the Appendix: no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest, as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large, not by the people's free election and consents. And had our Ancestors or any other Nations, when they first erected Kings, and instituted Kingly government, been demanded these few questions: Whether they meant thereby to transfer all their national authority, power, and privileges so far over unto their Kings, their heirs, and successors for ever, as not still to reserve the supremest power and jurisdiction to themselves, to direct, limit, restrain their Prince's supremacy & the exorbitant abuses of it, when they should see just cause? or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever? Or if their King should turn professed tyrants, endeavouring to deprive them (against all right and justice) of their Lives, Goods, Liberties, Religion, Laws▪ or make open wars upon them to destroy them, or bring in foreign enemies upon them, to conquer or subject them to a foreign power without their free consents, that yet they should patiently submit themselves to these their unnatural, tyrannical, destructive proceedings without any the least resistance of them by necessary defensive Arms, or calling them to account for these gross irregularities? I make no question that they would have jointly answered (as I doubt not but our Parliaments, Kingdoms, and all other Nations, were they at this day to institute their preerected Principalities and Kings, would answer to) that they had never any imagination to erect such an absolute, eternal, unlimited, uncontrollable, irresistible Monarchy, and plain tyranny over them; and that they ever intended to reserve the absolute original Sovereign Jurisdiction in themselves, as their native hereditary privilege, which they never meant to divest themselves of: that so by means thereof, if their Princes should degenerate into Tyrants, they might have a just authority, power, and remedy residing in them, whereby to preserve themselves, the Nation Kingdom, from utter desolation, ruin, and vassalage. An impregnable evidence, that the whole Kingdom and Parliament representing it, are the most Sovereign power; and above the King himself, because having the supreme Jurisdiction in them at first, they never totally transferred it to our Kings, but reserved it in themselves, which is likewise further confirmed by that notable passage of * In Melch. Goldasti Monarchia, Tom. 1. p. 128. Philocheus Archilacus in his Somnium Viridarii, c. 171. Royal power is instituted three manner of ways: First, by the will and pleasure of the people, because every people wanting a King of their own (not being subject to the Emperor, or some other King) MAY BY THE LAW OF NATIONS MAKE THEMSELVES A KING, 94. Dist. c. Legitima. If a Royal Principality be thus instituted, as it is in the proper pleasure and power of the people to ordain, that the King shall be either Successive of Elective; so it is in their pleasure to ordain, That King's succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation, or any other solemnity, or that they shall receive this power only by their Coronation or any other solemnity about him. Thereason whereof is, Because as every one in the delivery of the gift of his own goods, may impose what covenant or condition he pleaseth, and every man is moderator and disposer of his own estate; so in the voluntary institution of a King and Royal Power IT IS LAWFUL FOR THE PEOPLE, SUBMITTING THEMSELVES, TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE: so as it be not unreasonable and unjust, and directly against the rights of a Superior: Therefore lawful to reserve ●he Sovereign Power in and to themselves, and not to transfer it wholly to their Kings. 14 There is one clear Demonstration yet remaining, to prove the supreme power of Parliaments above Kings themselves, which is this: That the Parliament is the highest Court and power, to which all x See Sir Thomas smith's Common wealth, l. 2. c. 1. 2. Holinsheds' description of England, c. 8. p. 173. and Chronicles of Ireland, p. 127. to 130. Cromptons' jurisdiction. Appeal●s are finally to be made from all other Courts and judges whatsoever, yea from the Kings own personal resolution, in, or out of any other his Courts: and such a transcendent ● ribunall from whence there is no appeal to any other Court or person, no not to the King himself, but only to another Parliament. If any erroneous Judgement be given in the King's Bench, Exchequer-Chamber, Chancery, Court of Wards, or any other Court within the Realm, or in the Parliament in Ireland, it is finally to be reversed, or determined in Parliament by a Writ of y 1 H. 7. 1▪ Br. Parliament. 92. 98. Error 65, 88 137. See Ash. Error 65, 66, 67, 68, 70 Error, or upon a Petition or Bill: If any sentence be unjustly given in any Ecclesiastical Courts, or before the Delegates, the final Appeal for redress must be to the Parliament. Illegal sentences in the (now exploded extravagant) Courts of Star-Chamber, or High Commission; Injuries done by the King and his privy Council at the Council Table, are examinable and remediable in this high Court. Nay, if the King himself should sit in person in the King's Bench, or any other Court (as sometimes our Kings have done) and there give any Judgement, it is not so obligatory or final, but that the party against whom Judgement is pronounced, may appeal to the Parliament for relief, (as Seneca epist. 100 out of Tully de Repub. & Fenestella, Hugo Grotius de jure Belli, l. 1. c. 4. s. 20. p. 65. record; that among the Romans in certain causes they might appeal from the King to the people.) But if the Parliament give any Judgement, There * See 22. E. 3. 3. Error 8. 8 Hen. 4. 12, 13. can be no appeal to any higher Tribunal, Court, or person, no not to the King, but only to the next or some other Parliament, as is evident by experience, by all z 21 R. 2. cap. 1. to 15. 1 Hen. 4. cap. 2, 3, 4. 8 Hen. ●. 12, 13. See Martae c. 1. ● Elez. cap. 1, 3, 21. jac c. 28. And all Acts for rest● tution in blood of persons attainted, and Acts of repealing Statutes, Bracton. lib. 1. cap. 2. Attainders of Treason, by or in Parliament, by all inconvenient and unjust Acts passed in Parliament, which concern either King or Subject; which cannot be reversed nor repealed, though erroneous, nor the right heir restored in blood by any Charter from the King, but only by an act of repeal or restitution in another Parliament. Now this is an infallible Maxim, both in the Common, Civil, and Canon Law, that The Court or person to whom the last appeal is to be made, is the Supremest power; as the a See Ashes Tables, Error 65, 66, 67, 68, 69, 70. King's Bench is above the Common Pleas, the Exchequer Chamber above the King's Bench, and the Parliament above them all, because a Writ of Error to reverse erroneous judgements given in the Common Pleas, lieth in the King's Bench: Errors in the King's Bench may be reversed in the Exchequer Chamber; and errors in all or either of them, may be redressed finally in Parliament, from whence there is no further appeal. Hence the Canonists conclude, a b Bodin, l. 1. c. 10. Summa Angelica, & Rosella Tit. Appellatio. Lindwo●d, lib. 2. de Appellationibus, F●X Acts and Monuments, Vol. 1. p. 448, 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants, in their Controversies of the Pope's Supremacy, & of general Counsels General Council above the Pope, the Pope above the Archbishop, the Archbishop above the Ordinary, because men may Appeal from the Ordinary to the Archbishop, from him to the Pope (but now with us to the King's Delegates.) If there be any difference between c See Grafton p. 512, 513. 161. Matthew Paris, p. 954. Fox old Edition, p. 508. King or Subject, touching any inheritances, Privileges or Prerogatives belonging to the Crown itself, or any points of misgovernment; yea, which is more, if there be any suit, quarrel, or difference between our Kings in Act, and any other their Competitors, d See Hoveden, p. 724, 725 for the Crown itself, which of them hath best title to it, who of them shall enjoy it, and how, or in what manner it shall be settled, the Lords and Commons in Parliament are and aught to be the sole and finale Judges of it. Not to give you any instances of this kind between King and Subjects, which I have formerly touched; nor to relate how our King john e Matthew Paris, p. 273. 274, 275. condemned to death by a Parliament in France, by French Peers, for slaying his Nephew▪ Arthur treacherously with his own hands, and likewise to lose the crown of England: or bow f Matthew Paris, p. 892. 925. 930. 948. 954, 955. Grafton, p. 188, 189 Speed, p. 687, 688. 785. 786. Andrew Favine Theatre of honour, l. 2. c. 12. Henry the third, K. Edward the first and other our Kings have Appealed to the Parliaments of France and England, upon differences between the Peers and Kings of France and them, concerning their Lands and Honours in France. g Walsingham Hist. p. 514. Speed, p. 647. 648 Or how King Edward the third, and Philip of France submitted both their Titles to the Kingdom of France, to the determination in a French Parliament, where they were both personally present, which adjudged the Crown to Philip. Nor yet to mention how the Parliaments and general assembly of the estates of France have * See Andrew Favine his Theatre of Honour, l. 2. c. 12. Fabian, the general History of France, with others in the Appendix. frequently disposed of the Crown of that Kingdom, determined the controversies of the right and titles pretended to it; and elected Protectors or Regent's of the Realm during their King's minorities, or distractions; of which I shall cite divers precedents in the Appendix, to which I shall refer you. Nor yet to trouble you with Spanish Precedents of this nature, where the several claims and titles of the pretenders to the Crowns have been oft referred to, debated in, and finally resolved by their Parliaments and general assemblies of the States, the proper judges of such controversies, as * Censura Dua●di Nonii, In josephi Teixerae libellum, c. 76. to 83. & de Vera Regum Portugal. Genealogia, c. 17. 18. joannes Mariana, * Munsteri Cosinogr. l. 2. c. 20, 21. joan. Mariana de Rege & Regis Instit. l. 1. c. 3. 4. 5. Michael Ritius de Regilus Hispaniae and others. Euardus Nonius, and other Spanish writers determined; as Philip the second the 18. King of Portugal his title to that Crown and his competitors, together with the rights and claims of Alfonso the 1. 3. 5. john the 1. Emanuel and other Kings of Portugal, and their Corivals were solemnly debated and determined in the assembly of the States of that Realm, and of divers Kings and Queens of Arragon, Castille, Navarre: A pregnant argument, that their assemblies of States are the sovereign Tribunal, since they have power and right to determine and settle the descent, right and succession of the Crown between those who pretend titles thereunto: I shall confine myself to domestic precedents. Not to repeat the i Pag. 9 forementioned precedents, how the Lords and commons when the Title to the Crown hath been in dispute have transferred it from the rightful Heirs to others; I shall give you some other pregnant evidences, where the Parliament hath finally determined the Title to the Crown, when it hath been in competition, and settled it in a legal manner to avoid debates (by way of Appeal to them by competitors, or reference from the Kings themselves) as the only proper Judges of such a superlative controversy. Not to mention any stories of our British Kings to this purpose, where the * See Matthew Westm. Fabian. Grafton, Holin. Kingdom, Lords and Commons then, disposed of the Crown in cases of minority, want of Heirs, misgovernment, and controversies about the Title to the Crown. * Polychron. l. 6 c. 18. Speed, p. 399. See Grafton and Holinshed accordingly. Canutus after the death of King Edmund, Anno 1017. claiming the whole Realm against Edmund's Brethren and Sons, referred his Title upon the agreement made between Edmund and him for this purpose, to the Parliament, who resolved for Canutus' Title, and thereupon took an Oath of fealty to him, Offering to defend his right with their swords against all others claims. After his decease, the * Matthew Westminster & Malmesbury, Anno 1036. Holinshed, l. 17. c. 13 p. 398. Speed, p. 404. Huntingdon, Walsingham. Anno 1036. 1040. Title to the Crown being controverted between Hardicanute the right Heir, and Harold his elder, but base Brother; it was referred to a Parliament at Oxford, who gave their voices to Harold, (there present) and presently proclaimed and consecrated him King; Anno 1036. After whose death, the States of England sent and adjudged the Crown to Hardicanute, then in Denmark. He dying, * Huntingdon, l. 6. Polychron. l. 6. c. 18. Speed. p. 410. Matthew Westmin. Anno. 1042 p. 415. Edward the Confessor, by a general consent of the Nobles, Clergy, and People (who presently upon Heralds' death, enacted by Parliament,) That none of the Danish blood should any more Reign over them) was elected King, and declared right Heir to the Crown, Anno 1126. k Hoveden, Huntingdon, Matthew Westm. Matthew Paris, Walsingham, Polychronicon, Fa●ian, An. 1126. Speed p. 477. See Holinshed, Grafton, Stow, Anno 1126. King Henry the first having no issue male, but only one Daughter Maude, to succeed him, summoned a Parliament in the presence of himself and David King of Scotland, wherein the Crown was settled upon Maude after his decease, being of the ancient Royal English blood; whereupon Stephen, his Sister's Son, and all the Nobles presently swore fealty to her, As much as in them lay, after King Henry's death (if he died without issue male) to establish her Queen of the Monarchy of great Britain. But Stephen after his decease, usurped the Crown against his Oath, By the unanimous consent and election of the Lords and Commons: And after seventeen years civil wars, to the devastation of the Realm l Walsingham, Ypod, An. 1113 Matthew Westm. An. 1153. p. 42. Mat●hew Paris, p. 82, 83 Speed p 497. Hoveden, p 490. Huntingdon, Hist. l. 8. p. 598. Fox. Vol. 1. p. 261. King Stephen and Henry the Son of Maude came to a Treaty at Wallingford, where by the advice of the Lords, they made this accord; That Stephen if he would, should peaceably hold the kingdom during his life, and that Henry should be his adopted Son and Successor, enjoy the Crown as right Heir to it after his death; and that the King and all the Bishops and Nobles should swear, that Henry after the King's death, if he survived him, should possess the Kingdom without any contradiction: Which done the civil wars ceased, and a blessed peace ensued: and then coming to Oxford, in a Parliament all the Nobles did fealty to Henry, who was made chief Justiciar of England, and determined all the affairs of the kingdom. In the 8. and 25. of E. 3. there was a m 25. E. Par. 2. in the Statutes at large doubt moved in Parliament, whether the children of the King, or others borne beyond the Seas within his Allegiance, should inherit lands in England? The King, to clear all doubts and ambiguities in this case, and to have the Law herein reduced to certainty; charged the Prelates, Earls, Barons, and other wise men of his Council assembled in Parliament in the 25. year of his Reign, to deliberate of this point; who with one assent resolved, That the Law of the Realm of England is, and always hath been such, that the children of the Kings of England in whatsoever parts they be borne, in England or elsewhere, be able and owe to bear inheritance after the death of their Ancestors: Which when they had declared, the King, Lords and Commons by a special Act, did approve and affirm this Law for ever, the only Act passed in that Parliament. And in a * Cook l. 8. The Prince's ca●e. Parliament, 1●. E. 3. this King's eldest son was created Duke of Cornwall by Parliament, which then also entailed the Duchy of Cornwall upon the eldest sons 〈…〉 of England. So 21. R. 2. c. 9 the Principality of Chester 〈…〉 on the Prince by Act of Parliament. * 7. H. 4. c. 2 Hals Chronicle, 1. H. 4. f. 10. 15. Fabian. part. 7. p. 376 Speed p. 763. King Henry the 〈…〉 the inheritance of the Crowns and 〈…〉 his posterity, caused them by a special 〈…〉 his reign, to be entailed and settled on 〈…〉 and Prince Henry his eldest son to be established▪ 〈…〉 heir apparent to him, and to succeed him in the said 〈◊〉 and Realms, to have them with their appurtenances after the King's death, to him and the heirs of his body begotten; And if he should die without heir of his body begotten, 〈…〉 remain to the Lord Thomas, the King's second son, with successive remainders to Lord John the third, and Lord Humphrey the King's fourth son, and the heirs of their bodies begotten. After which Act passed (for the avoiding of all claims, titles, and ambiguities, to be made unto the Crown) he thought never by any of his Subjects to be molested or troubled: the rather, because in this Parliament it was first concluded; that deposed King Richard should continue in a large prison, and be plenteously served of all things necessary both for viand and apparel, and if any persons should presume to rear war or congregate a multitude to deliver him out of prison, that then he should be the first that should die for that seditious commotion: Which King Richard (as * Fabian, part. 7 p. 373. Sir john Bagot by his Bill exhibited to this Parliament averred) had divers times, at sundry Parliaments in his time holden, said; that he would have his intent and pleasure concerning his own matters, whatsoever betid of the residue; and if any withstood his will or mind, he would by one means or other bring him out of his life; And further said to him at Lichfield in the one and twentieth year of his reign, that he desired no longer for to live then to see his Lords and Commons have him in as great awe and dread, as ever they had of any his Progenitors, so that it might be chronicled of him, that none passed him of honour and dignity, with condition that he were deposed, and put from his said dignity the next morrow after. So wilful was he, as to prefer his will before his Crown or safety. n Hall, Anno 38. & 39 H. 6. f. 176. to 183. Fabian, Anno 1441. p. 470. Grafton. p. 643. to 648. Holinshed, Stow, Howes, Anno 1440. 1441. In the years 1440. and 1441. Richard Duke of York came into the Parliament House, and there, in a large Oration laid claim, and set forth his Title to the Crown of England, which King Henry the sixth had long enjoyed, desiring the Parliament to determine the right of the Title between them, both sides submitting to their resolution as the proper judges of this weighty royal controversy: After long debate and consideration of the case among the Peers, Prelates, and Commons of the Realm, it was finally agreed and resolved by them: That in as much as Henry the sixth had been taken as King for 38. years and more, that he should enjoy the name and title of King, and have possession of the Realm during his natural life. And if he either died, or resigned, or FORFEITED THE SAME for breaking any part of this concord, than the said Crown & authority royal should immediately descend to the Duke of York (King Edward the 4. his Father) if he than lived; or else to the next heir of his line. And that the said Duke from thenceforth should be Protector and Regent of the Kingdom. Provided always, that if the King did closely or apertly, study or go about to break or alter this agreement, or to compass or imagine the death of the said Duke or his blood; then he TO FORFEIT THE CROWN: and the Duke TO TAKE IT: These Articles made by the Parliament between them, they both subscribed, sealed, and swore to, and then caused them to be enacted. Lo here we have these two Kings submitting their Titles to the Crown and Kingdom itself to the Resolution of both houses of Parliament, as the Sovereign Judge between them; who settled the Crown in this order, under pain of forfeiting it by King Henry, if he violated their Decree herein; and appointing a Lord Protector over the Kingdom in his full age, as o Historia Angliae p. 458. Parliamentum fuit convocatum in quo Parliamento ex assensuomnium Statuum, idem Dux, Defensor seu Protector Angliae fuerat nominatus & ordinatus, omniaque Regni officia & beneficia ejus disposition● sunt commissa. Walsingham informs us, a Parliament constituted Duke Humphrey to be Protector of him and his Kingdom of England, and the Duke of Bedford to be Regent of France, during his minority; who exercised all regal power, by virtue of that authority which the Parliament derived to them. After this, in these two Kings reigns, p See Grafton p. 691, 692. Speed p. 869. 878. 859 886. 1. E. 4. c. 1. 17. E 4. c. 7. the Crown and its descent were variously settled by Parliament (as I have formerly manifested) yet so, as that which one Parliament settled in this kind, continued firm till it was altered or reversed by another Parliament. King q Speeds Hist. p. 928. 931 Richard the third coming to the Crown by usurpation, to strengthen his Title, procured the Lords and Commons to pass an Act of Parliament, wherein they declare him to be their lawful King, both by election and succession, entail the Crown upon him and the heirs of his body lawfully begotten, create his Son Edward, Prince of Wales, and declare him heir to succeed him in the royal Crown and dignity after his decease. In which Act of Parliament (recited at large by Speed) there is this memorable passage: That the Court of Parliament is of such Authority, and the people of this land of such a nature and disposition, as experience teacheth; that manifestation or declaration of any Truth or Right made by the three Estates of this Realm Assembled in Parliament, and by the Authority of the same, makes before all other things most faith and certainty, and quieting of men's minds, removeth the occasion of all doubts, and seditious language: r Hals Chro. 1 H. 7. f. 855. Henry the seventh afterwards slaying this usurping Richard at Boswell-field, to avoid all ambiguities and questions of his Title to the Crown, in his first Parliament procured the Lords and Commons by a special Act, to settle the inheritance of the Crowns of England and France, on him and the heirs of his body lawfully begotten, perpetually by the grace of God, so to endure, and on none other, and all attainders and Acts against him, by Edward the fourth, and King Richard s Grafton p. 856. this Parliament annihilated. After him King Henry the eighth, to ratify his divorce from Queen Katherine, caused it to be confirmed, and his t Sp. p. 1028. marriage with her to be utterly dissolved by Act of Parliament: and by u 25 H. 8. c. 22 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H 8. c. 5. See Hall. sundry Acts, ratified his subsequent Marriages, and settled the descent of the Crown to his posterity, somewhat different from the course of the Common Law; which Statutes were afterwards altered and the descent of the Crown settled by other special Bills in Parliament, both in x 1 Mar. c. 1. & Parliament 2. c. 1. 2. 1. Eli. c. 3 13 Eliz. c. 1. Queen mary's, and Queen Elizabeth's Reigns, whose Titles to the Crown were settled, and in some sort created by the Parliament. By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose, it is made no less than high Treason, to affirm; That the Queen, WITH, and BY THE AUTHORITY OF THE PARLIAMENT of England, is not able to make Laws and Statutes of sufficient force and validity to BIND, LIMIT, RESTRAIN and govern all PERSONS, THEIR RIGHTS AND TITLES THAT IN ANY WISE may or might claim any interest or possibility IN OR TO THE CROWN OF ENGLAND in POSSESSION, REMAINDER, INHERITANCE, SUCCESSION, or OTHERWISE HOWSOEVER; and all other persons whatsoever. King Edward the sixth, Queen Elizabeth, and other our Princes holding their Crowns by a Parliamentary Title, rather than by the course of the * See Cooks Institut. Liulet. f. 15, 16. Common Law, which this Statute affirms the Parliament hath power to alter, even in case of descent of the Crown. It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. do not only Nulli●ie some of this King's marriages, and ratify others of them, declaring some of his issues legitimate and hereditable to the Crown, others not, and appoint the Queen, if living, to be Protector of the infant King or Queen, that should inherit the Crown; or such of the Lords as the King by his last will should design; But likewise prescribe strict Oaths for every Subject to take, to maintain the Succession of the Crown, as it is limited by those Acts, which Oaths for any to refuse, is made high Treason, or to write or speak any thing against the succession of the Crown as it is therein limited: And withal they derive a plenary authority to the King (who thereupon * 35 H. 8. c. 1. acknowledgeth the great trust and confidence his loving Subjects had in him, in putting in his hands wholly the Order and Declaration of the Succession of this Realm) by his Letters Patents under his Seal, or his last will in writing signed with his hand, for lack of issue lawfully begotten of his body, to * 28 H. 8. c. 7. 35 H. 8. c. 1. give, limit, assign, appoint or dispose the imperial Crown of the Realm, to what person or persons, and for such estate in the same, and under such conditions as it should please his Majesty. The Parliament therein promising by one common assent to accept, take, love, dread, and obey, as their Legal Governors, and Supreme heads, such person or persons only, as the King by authority of those Acts should give the Crown unto, and wholly to stick to them as true faithful Subjects. Provided, that if any of his Children or Heirs, afterward did usurp one upon the other in the Crown of this Realm, or claim, or challenge the said imperial Crown, otherwise, or in any other course, form, degree or condition, than the same should be given, disposed, or limited unto them, by the King, by virtue of those Acts. Or if any person or persons to whom it should please the King, by authority of those Acts to dispose the said Crown and Dignity of this Realm, or the Heirs of any of them, should at any time hereafter demand, challenge, or claim the Crown of this Realm, otherwise, or in any other course, form, degree or condition, than the same should be given, disposed, and limited unto them by the King, by virtue and authority of these Acts; That then all, and singular offenders, in any of the premises contrary to these Acts, and all their Abettors, Maintainers, Factours, Counselors, and Aiders therein, shall be deemed, and adjudged HIGH TRAITORS TO THE REALM; and that every such offence shall be accepted, reputed, and taken TO BE HIGH TREASON, and the offenders therein, their aiders, etc. for every such offence shall suffer such judgement, pains of death, losses and forfeitures of Lands, Goods, and Privileges of sanctuary, as in any ●ases of high Treason. And over, that as well THE KING'S SAID HEIRS AND CHILDREN, as EVERY SUCH PERSON & PERSONS TO WHOM THE CROWN SHOULD BE LIMITED AS AFORESAID, and every of their Heirs, for every such offence above specified, by them to be committed, SHALL LOSE AND FORFEIT AS WELL ALL SUCH RIGHT, TITLE, AND INTEREST, THAT THEY MAY CLAIM OR CHALLENGE, IN OR TO THE CROWN OF THIS REALM, AS HEIRS BY DESCENT, OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING, for his or their advancement, by authority of those Acts, or by any manner of means or pretence whatsoever. And the Statute of 35 H. 8. c. 1. which entailed the Crown upon Queen Mary, after Edward the sixth his decease without issue▪ 〈◊〉 this proviso; That if th● said Lady Mary do not keep and perform such conditions as King Henry by 〈◊〉 Patents or last Will in writing, 〈…〉 estate in the Imperial Crown; 〈…〉 Imperial Crown shall be and come to the 〈…〉 lawfully begotten, in such like manner and form, as 〈…〉 Marry were then dead, without any Heirs of her body begotten, any thing in this Act contained to the contrary notwithstanding. And the like proviss there is for Queen Elizabeth, That if she perform not the like conditions, limited as aforesaid, to her estate in the Crown, That then the said Imperial Crown shall be and come to such person or persons as the King by his Letters patents or last Will shall appoint. By all which Acts, (worthy reading and consideration) the Parliaments Supreme power of settling and disposing the descent and inheritance of the Crown, and giving Authority even to the King himself, to dispose of it upon condition, on pain of forfeiture as aforesaid (which the King alone had no power at all to do) will easily appear to the most malignant Spirits. In the first y 1 jac. c. 1. Parliament of our late King james, the first Bill then passed, was an acknowledgement, and confirmation of his immediate, lawful, and undoubted succession and right to the Crown of England, as the next and only Heir of the blood Royal, to whom of right it descended; which Dolman the Priest, and some Jesuits opposed in Printed seditious Books. So the z 1 Mariae, Parl. 2. c. 2. Articles of Qu. Mary's marriage with K. Philip, were appointed, and ratified by Parliament: And the Imperial Ecclesiastical Jurisdiction usurped by the Pope and Prelates, hath likewise by a 25 H 8. c. 19, 21. 26 H. 8 c. 1, 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22, 24, 29. 31 H. 8. c. 10, 14. 33 H. 8. c. 29. 34 & 35 H. 8 c. 17, 19 35 H. 8 c. 1, 3. 1 Eli. c. 1 1 E. 6. c. 2, 1 Ma. c. 1. & Parl. 2. c. 1. 8. El. c. 1. sundry Statutes been restored and united to the Crown, and the Title of Supreme head, and Supreme Governor in all causes, and over all persons, Spiritual, Ecclesiastical and Temporal, settled upon our Kings and Queens; Who during their minorities have had Guardians and Protectors, appointed to them by b Walsingham Hist. Angl. H. 5 p. 458. Speed p. 1108. 28 H. 8. c. 7, 17. 1. E. 6. c. 11. Hals Chron. 1 H. 6. Parliament, to summon Parliaments, assent to Bills, and execute all Royal Jurisdiction in their names and steads. And as the Title and Right to the Crown of England, and the Jurisdiction thereof hath thus from time to time been decided and settled in and by our Parliaments, so hath the Title and jurisdiction of the Crown of Scotland, been c Hist. Angl. p. 16 to 26. 31 to 33, 42. 46 to 56. See Holin. Grafton, Stow, & Speed in the life of Edw. the f●rst. Ypodig. Neust. p. 72 to 96. frequently discussed and settled in our Parliaments, upon appeals made to them by the Kings of Scotland, and their Corrivals to that Crown; Witness the famous case and competition for that Crown long agitated and resolved in Parliament between the King of Norway, Bailiol, and Bruce, (to omit others) in the Reign of King Edward the first; And this King Edward's Title to the Crown of Scotland, declared and resolved by our Parliament here; All which are Recorded at large by Thomas Walsingham, and Matthew Westminster, in the life of King Edward the first, and in the Parliament Rolls, and Pleas of his Reign, with d 1 jac. ●. sundry other instances of this nature (frequent in our Historians) which for brevity I pretermit. It is a e 35 H. 8. c. 1. clear case without dispute, that if the King should die without any Heir, the Crown would escheat to the whole Kingdom and Parliament, who might dispose of it in such a case, to what person they pleased, or quite change that form of Government, if they saw good cause; no particular kind of rule being so simply necessary by any divine Right or Law to any State or Kingdom, but that as it was at first instituted, so it may in such a case be changed by the whole Kingdoms general consent, upon sufficient grounds. This appears by the case of * Blondus Decad. 2. l. 2. Regin l. 2. An. 800. Bishop Bilson of Christian Subjection, etc. par. 3. p. 423. Charles the Gross, who being deposed from the Empire and his Kingdoms, for a mad man, and dying without any Heir, the Kingdoms which before were subject to him, Destitute of a right Heir, began to fall in sunder on every side, and to choose Kings of themselves of another Family. France elected Charles, a child, surnamed Simple, for their King; and after his simplicity displeased them, they Crowned Otho Son of Robert Duke of Saxony in his place▪ At the same time the people of Italy meaning to have a King of 〈…〉 not agree on the matter, but some chose Beringarius, 〈…〉 King's in Italy, both calling and bearing themselves as 〈◊〉; And the Germans elected Arnolph Duke of Bavaria for their Emperor. Thus * Zona. Annal. Tom. 3. f. 126. Grimstons' Imperial hist. p. 303 Zeno the Emperor dying without any Heir that might succeed him, Anastasius a man of great reputation, yet of no Noble Family, was chosen his Successor, by the Senate and Legions. The like we read of divers other Emperor's deceasing without Heir; of some of our Saxon and British Kings, before the Conquest; and of other in Castille, Arragon, & other Kingdoms, where the Crown hath been translated from one Family to another, by the Kingdom's consent for want of Heirs. Duardus * Censu. in joseph. Tei. Libel. c. 78. in joan. Pisterius hispan. illust. Tam. tom. 2. p. 1250. Nonius Leo, a learned Portugal Lawyer, informs us; That Ferdinand King of Portugal, dying without any lawful Heir, lineal or collateral, as they believed; the Estate of that Kingdom assembling at Coimbre, elected john a bastard for their King upon this very ground, (specified in their decree of his Election) That King Ferdinand died without any lawful issue or kindred; UNDE JURE GENTIUM, Whence BY THE LAW OF NATIONS, they affirmed it to BE LAWFUL FOR THE PEOPLE TO CHOOSE A KING OR GOVERNOR, WHOM THEY PLEASED. Believing therefore, that they had returned to that state WHEREIN BY THE LAW OF ALL NATIONS THEY MIGHT CREATE THEM A KING, namely the kingdom being void without an Heir; They said they might lawfully elect john, a most valiant man, and one who best deserved of the Commonweal to be their King, he being begotten of the stock of the Kings of Portugal. Thus this whole Parliament at Coimbre; and this Lawyer there, and elsewhere * I●●d ca 76. p. 1248. affirms; THAT BY THE LAW OF ALL NATIONS, if the King in an Hereditary Kingdom die without Heir, THE PEOPLE MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR KING; as they do in all elective Realms: Which joannes Mariana, de Rege & Regis Instit. l. 1. c. 3, 4. doth likewise aver: The reason is, * See Marius Salamonius de principatu, l. 1, 2 3, 6 p. 19, 20, 27, 41, 120, 126. Because the whole kingdom and people are the original supreme Sovereign power, by whose common consent and Authority all lawful Kings, kingdoms, and Royalties were at first created and instituted, and from whom they derived all their regal jurisdiction: And therefore as all Mesnalties, Tenancies, and Fees, by the deaths of their Tenants without heir, return by way of Escheat to those Lords and Sergniories, by whom they were originally created; and all politic Corporation Lands, (as Abbeys, Prioies, Bishoprics, Hospitals, and the like,) by the dissolution of those Corporations by death or otherwise, return to the first founders of them; (as * See Fitz. Ash. Tab. Tit. Escheat * Eccles. 1. 7. all Rivers run into the Sea, out of which they primitively issue:) So all successive kingdoms by the self same reason, upon the King's decease without any lawful heirs to inherit or succeed them, must by all Law, right, equity, revert to the dispose and dominion of all the People of the Realm, or to the representative Body thereof the Parliament as to the Supreme Lords and Founders of it; from and of whom the King himself doth hold the Crown, (if I may so speak) by those regal duties and services expressed in general in his Coronation Oath, which he takes to all his people;) and if he die his Heir to the Crown being within age, the Parliament and kingdom as the Sovereign Lord and power may and usually doth appoint a * See Leges Edwardi Confes. c. 17. Bra. l. 3. c. 9 Guardian and Lord Protector over him (as I have * See Par. 2. p. 48 to 65. elsewhere proved) till his maturity, to discharge his regal Trust and duty to his people in his name and stead. Hence Hugo Grotius in his Book de Iu●e Belli & Pacis, r. 2. c. 9 sect. 8, 9, 10, 11. concludes: That if an elective King die, or 〈◊〉 King decease without any known heir to succeed him, the Empire or Sovereignty 〈…〉 in the King as Head, returns unto, and remains in the people as in the entire body, which continues the same it was before: And therefore in such cases they may either create a new King if they please, as in elective kingdoms, or divide the kingdom into parts, and erect a new Empire, as the Romans, Germans and Persians did; or change the Government; the people in this case being Sui juris, having the reins of Government in their own hands, as at first before they erected an hereditary Monarchy, to order and dispose of the government as they shall think meet: it being a thing which in its own nature is not capable of an Occupancy, nor seisible by any, unless the people will voluntartly desert their own liberty, none having authority to usurp a regency over them in such a case, but by their free assents. Upon which ground he holds with Cynus, and Raynorius, That if the Roman Emperor (or any other King by like reason) be sick, or taken prisoner, so as he cannot administer the government, the people of Rome may create and appoint him a Viceroy to govern them; the power of the Emperor, and the most absolute Monarch, being only a power of Administration for the people's good and service, not of dominion for his own profit; of which none but the people can dispose; as * De jure Belli l. 3. c. 15. Abberius Gentilis proves at large. Yea, Bishop Bilson f The true difference between Christian subjection & unchristian rebellion, par●. 3. p. 418. to 422. himself (though a great Royalist,) positively affirms; That if a King, or right Heir to any Crown be borne, or becomes a natural Fool, or stark mad, or run besides himself, so that he is not able to govern himself, much less his Realm; in these two cases, ANY REALM BY PUBLIC CONSENT and ADVICE MAY CHOOSE ANOTHER KING: (for what should he do with a Royal Office, or by what divine or humane right can he enjoy a Crown, who is utterly unable to manage it?) Upon this ground g See the general history of France in his life, Sabellicus Ennead. 8. l. 8. p. 245. Nauclerus vol. 3. Gen. 26● Blondus, Decad. 1. l. 10. Aventinus, l. 3. p. 293, to 300. Gaguinus l. 3. in Car. Mart. Herman. Schedel, Chron. Aetas 6. f. 185. King Childerick was deposed by his French and Germane Subjects general consents, because he was a fool, a Sot, a Beast, unable to govern his Kingdom, and Pepin of another race, elected and crowned King in his stead; which act by Pope Zacharies resolution, was adjudged both just and lawful, even in point of conscience, before it was put in execution. So 3 Godfredus Vi●t●rbiensis Chro. pars 17. col 468. Regino l. 3. An. 887. H. Mutius, Germ. Chr. l. 12. Grimstons' Imperial History p 404. Charles the third, the last Emperor of Pippins race, was deposed from the Empire, by the Princes, Dukes, and Governors of the Provinces of Germany and France, for that he became foolish and unfit to govern, being bereft of his senses; and by common consent, Arnolph was elected Emperor in his stead; Thus 4 E●●gri●● Eccl. hist. l. 5. c. 11 1. 3 Zonara's Annal. Tom. 3 f. 150. 151. Eutropiu● l. 16. p. 211. justinus the second falling into a frenzy and madness, so that he had no sense nor understanding of any thing that was done, was removed, and Tiberius placed in the Empire; at his Coronation, justinus used this notable speech; Let not the glory of these Imperial robes, lead thee into error, neither be thou deceived with the glorious show of such things as are subject unto the senses, wherewith I myself now (alas) beig snared, have brought myself foolishly into grievous torments. Wherefore in governing the Empire with great moderation and mildness of spirit, redress what is amiss, and correct what I have lewdly committed. And pointing at his ill Counsellors with his finger, he said; * Nota. Thou must in no wise be ruled by these men, for these be those which brought me into this lamentable plight, and the misery thou seest me in. A memorable strange speech of a distracted Prince. And thus the Emperor 5 Grimstons' Imperial History p. 581, 582. Sententia Exaucterationis & Depositionis Wences●ai, An. 1400. in Germ. Hist. Tom. 2. p. 180. 181. jean. Crespin. L●estate de Lesglise p. 465. Wenceslaus, was likewise deposed by the Prince's electors of the Empire, For besotting himself so with pleasures, etc. as that he became altogether unfit for the government, and a man unprofitable for the Empire and Christian Commonwealth; and Rupert Count Palatine of Rhine, and Duke of Bavaria, was elected Emperor in his stead. The like (no doubt) might be lawfully done here in England, by the whole Kingdom and Parliament, if any such cases of incurable folly or frenzy should befall any of our Kings, who might then either create a Lord Protector to govern both King or Kingdom, during such disabilities of Government in the King (as 6 Aventine l. ●. f. 293. Fr●st g. 1. 3. c. 13. Naucl. vol. 3. Gen. 26. Childricke for a time, before his deposition, was governed and overruled in all things by the Marshal of the Palace) or else Crown the next Heir King, if he be capable to Govern. Yea, in the time of our Saxon Kings, when the right Heir was an Infant, unable to govern, the Crown usually descended to the next Heir of full age: Hence * Speeds Hist. p. 252. 253. 262. 364, 365 See Matthew West. Polychr. Floren. Wigo●. Holinshed, Huntindon, and others. Wibba King of Mercia deceasing▪ Penda his son being an Infant, the Crown descended to his Nephew C●orl of full age, after whose death Penda being of ripe age inherited the Kingdom. So King Wulfcher deceasing, leaving his son Kenred within age, his Brother Ethelred succeeded him; who resigning his Crown and turning Monk after he had Reigned 30. years, Kenred then of full age enjoyed the Crown. So Ethelfred King of Northumberland dying, Edelwald his Brother entered the Government and Reigned, Aldulfe, Ethelherds' son, being then a minor, who enjoyed not the Crown till after Edelwalds' death. So * Gauf. edu. Mo●u. l 3. c. 20. Graf●●n p. 67. Casse●elan succeeded Lud his Brother in the Kingdom of Britain, Luds sons being too young and insufficient to Reign: The like was very usual in Scotland, of which there are divers precedents in Grafton, 7 Grafton l. 1. 112. Hector Boetius, and Buchanan, which I pretermit. All which particulars laid together, are a most clear unanswerable demonstration, that the Soveraignest power and Jurisdiction of all others, resides in the whole Kingdom and Parliament, not in the King himself, since they may thus dispose of the very Crown itself, and are the sole and only supreme Judges to determine all controversies. all titles which concern it; The King alone having no power to transfer it to any other without the Lords and Commons free consents, as was resolved in the case of King john, who resigned and granted his Crown to the Pope, without the Kingdom's consent; and therefore the resignation and grant were adjudged void not only by the * Matth. Paris. p. 270. French King and his Lords, but by our own Parliament, as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe, Of the Pope's temporal Monarchy, Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record; * 40 E. 3. n. 7. 8. The Prelates, Dukes, Counts, and Barons, being in the white Chamber, and the Commons in the Painted Chamber, it was showed unto them by the Chancellor, how they had understood the cause of the Summons of Parliament in general; but the will of the King was, that the causes should be showed unto them in special, telling them how the King had understood that the Pope by virtue of a Deed, which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland, and that by reason of the said homage that he ought to pay him every year perpetually one thousand Marks; and that he purposeth to make out Process against the King and his Realm, for the said Service and Rent, concerning which the King prayed the advice and counsel of the Prelates, Dukes, Earls, and Barons: and what he should do in case the Pope would proceed against him for this cause, or against the said Realm: And the Prelates prayed the King that they might thereupon advise alone by themselves, and return their answer the next morning: which Prelates by themselves the next morning, and after the said Dukes, Earls, Barons, and great men, answered and said; That the said King John, NOR NO OTHER, MIGHT PUT HIMSELF, NOR HIS REALM, NOR HIS PEOPLE IN SUCH SUBJECTION, WITHOUT THE ASSENT AND ACCORD OF THEM: And the Commons being advised and consulted with thereupon, answered in the same manner. Whereupon it was ordained and assented BY COMMON CONSENT in manner following; In this present Parliament held at Westminster, the Monday next after the Invention of holy Cross, in the year of the reign of King Edward, the 40. as well to maintain the estates of holy Church, as the rights of his Realm and his Crown, it hath been showed amongst other things; how it hath been reported and said, that the Pope by virtue of a Deed which he said that the said John, late King of England, had made to the Pope in perpetuity, to do him homage for the realm of England and land of Ireland, and by reason of the said homage to render to him an Annual rent, and hath purposed to make Process against the King for to recover the said Services and rent; The which thing being showed to the Prelates, Dukes, Earls, Barons, and the Commons, to have their advice and counsel thereupon, and to demand of them, what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause: Which Prelates, Dukes, Earls, Barons, and Commons having taken full deliberation thereupon, answered and said, OF ONE ACCORD; That the said King John, NOR NO OTHER MIGHT PUT THEMSELVES, NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT. And as it appears by many evidences, that if it were done, it was done WITHOUT THEIR ASSENT, AND AGAINST HIS OATH IN HIS CORONATION. And moreover that the Dukes, Earls, Barons, great men, and Commons accorded and granted, That in case the Pope would endeavour or attempt any thing by Process or any other act, to constrain the King or his Subjects to perform what is said he will claim in this behalf; That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT. And before this in the great * Matthew West. ch●. 1245. p. 191 to. 197 Walsing. Ypodig p. 60 Matthew Paris. p. 646. Here part. 2. p. 13. Council of Lions, the Proxies and Procurator of the Church and realm of England, in the name of the whole Realm, complained and protested against this grant of King john as a mere Nullity, BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS, which neither did, do, nor ever after would consent thereto, as I have elsewhere proved: This being the common received opinion of all Civilians and Statists, That no King or Emperor can alien, or engage all or any part of his Kingdom to another without his Subjects general consents, and that such an alienation or Mortgage is merely void in Law to all intents, as Albert. Gent. De jure Belli, l. 3. r. 15. and Hugo Grotius proves at large, De jure Belli & Pacis, l. 2. c. 6. 7. & lib. 1. cap. 4. sect. 10. where he affirms, That a King who aliens and would actually deliver up possession of all or any part of his Realm to another foreign power without the people's consents, may lawfully be resisted with force of Arms by his Subjects; concluding with this Sentence out of * Con●r. l. 11. contr. 9 Seneca, with which I shall close up this Discourse; Et si parendum in omnibus Patri (natural or political) IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT. This point I have thus copiously debated, not out of any the least intention to derogate from his Majesty's just Supremacy and Prerogatives royal, which I have oft solemnly sworn to maintain to the utmost of my power, and shall (God willing) perform; but out of a serious desire to rectify the general mistakes of men, touching a pretended Prerogative, which their fantasies only (not the Law) have unduly attributed unto Kings: and to vindicate the just Liberties, Privileges, and Prerogatives of Parliaments (so much decried, declaimed against of late by a company of ignorant Papists, Malignants, Royalists, who know not what the jurisdiction of Parliaments is) according to the Protestation, the clearing of which points (in my weak apprehension) is the only high and ready way to compose our present differences, to settle all our distractions, which the ignorance, the mistakes of the Kings and Parliaments just Prerogatives and Powers, (next to the treacherous malice of Papists) have principally raised among us, almost to the ruin of the Kingdom. For my part, I profess sincerely, I love and honour both King and Parliament alike, and in the controversies now between them concerning their Jurisdictions, stand as a man indifferent to do right to both, without prejudice to either; and the King being the Principal Member of the Parliament, the elevating of its now disdained Power to its due altitude, can be no depression, but advancement of the King's Prerogative, which shines most perspicuously in Parliaments, whiles King and Parliament are united, and is most eclipsed only when they are divided, as the precedents in all ages manifest. And this I dare confidently aver, That there are no such enemies to the King's Prerogative, as those who advancing it beyond due bounds, do necessarily draw it into dispute, in which it commonly comes off with loss and diminution in the end, as in the late cases of Loans, Ship-money, and the like. It was a notable true Speech of our King * Holinshed p. 1584. Cromptons' Iurisdict. of Courts f. 10. Henry the 8. in the 34. year of his reign in the case of one George Ferrer, a member of the Commons house, arrested contrary to their Privilege, of which the King being informed, used these words among other to the Speaker and House of Commons, We are informed by our judges, That we at no time stand so highly in our estate Royal, as in the time of Parliament; wherein we as Head, and you as Members, are knit together into one Body politic; so as whatsoever offence and injury (during that time) is offered to the meanest of the House, is to be judged, as done against Our Person, and the whole Court of Parliament; which Prerogative of the Court is so great, as all Acts and Processes coming our of Inferior Courts, must for the time cease, and give place to the highest; which being so, My Vindication of the Parliaments Sovereign Power and Right, can be no impeachment, nor diminution of the King's just Authority, though many Sycophants and Malignants falsely repute it so. If any here object Object. against the premises, f 1 Eliz c. 1. That the King is the only Supreme Governor of this Realm, That g Lib. 1. c. 8. f. 5, 6. l. 3. c. 3. f. 107. Bracton, h L. 1. c. 5. 17. Fleta, and our i 3 Ed. 3. 19 Corone 161. 22. E. 3. g. b Dyer, 297. a. Stamso. 253. a. Law Books resolve: That the King hath no Peer in His Kingdom, for so He should lose His Empire, since Peers (or Equals) have no command over one another; much more than ought He not to have a Superior, or mightier, for so He should be Inferior to those who are subject to Him; and inferiors cannot be equal to Superiors. The King ought not to be under man, but under God and the Law. If then justice be demanded of Him by way of Petition, (because no W●it runs against Him (though k 22 E. 3. 3 b. anciently some Writs did) if He do not justice, this punishment may be sufficient to Him, that He may expect God will revenge it. Nemo quidem de factis suis praesumat disputare, multo fortius contra factum suum venire, etc. Therefore the King is above the Parliament, and whole Kingdom, not they above Him. I answer, First, That the meaning of all these Books is, That the King is above every one of His Subjects, and hath no Peer nor Superior, if they be taken particularly and distributively, as single men; as the words Parem, Superiorem, in the singular number, and the like, explain the meaning of the Books to be. But if we take them collectively in Parliament, as they are one body and represent the whole Kingdom; then these very Author's resolve (in their forequoted words) That they l Bracto● l. 2. Answ. c. 16. f. 134. a. Fletal. 1. c. 17. are above the King, and may, yea, aught to restrain and question his actions, his Mal●-Administrations, if there be just cause. Secondly, Bracton explains himself, how He is highest and without a Peer, to wit, In m Pare●●u●em habere non debet, nec multo fortius superiorem, maxim in justitia exhibenda, licet in justitia recipi●●●●, minime de regno suo comp●●etur, lib. 3. c. 9 f 167. a. distributing justice, that is, He is the highest justiciar in the Kingdom, but as low as any in receiving justice.. Thirdly, Even in Parliament itself, the King is the Supreme Member, and in that regard the Parliament in most public Acts, in all their Petitions or Addresses, usual styles him, n See Bodius Commonwealth. l. 2. c. 1. p. 192. the like of the Parliaments in France. Their Sovereign Lord: Besides, The Parliament itself is ever o See Madus renendi Parliamentum Camb. Brit. pag▪ 177. Crompt. juris. of Courts, f. 1. to 6. Sir Tho. smith's Commonwealth. l. 2. c. 2. 3. Hol. Descrip. of England c. 8▪ Cowel & Minsh. Tit. Parl. Mr. Hack manner of passing Bills, sect. 8. summoned, dissolved by his Writ, in his name, by his Authority: And in passing all Acts and Bills of Grace, or such as are not simply necessary for the public safety and utility of his people, He hath an absolute negative voice, and his Royal assent is in some sense simply necessary for the passing of all ordinary lasting binding Laws: In which respects he is, and may be truly said in some sense, To be above the Parliament itself, and the only Supreme Governor; but yet in the forenamed regards, the Parliament really is, and may be justly averred to be Paramount him, and the Supremest Sovereign Power, though not Governor. Fourthly, The Oath of Supremacy, That the King is the only Supreme Governor, relates only, and at least principally to the Pope's foreign Princes Authorities, formerly usurped in this Realm, as the Title, Words, scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath itself undeniably manifest, (And that NO FOREIGN Power, Person, Prelate, State or Potentate hath or aught to have any jurisdiction, Power, SUPERIORITY, PRE-EMINENCE, or Authority, Ecclesiastical or Spiritual within this Realm; and therefore I do utterly renounce and forsake ALL FOREIGN jurisdictions, etc.) Therefore it refers not at all to Parliaments, or their Jurisdiction, Power, Superiority, Pre-eminence, or Authority; not so much as once thought of by the prescribers of this Oath, which had its creation and Authority from the Parliament, and made some addition to the King's Prerogative. Fifthly, p Commonw. l. 1. c 9 l. 2. c. 5. Bodin with others (as I shall hereafter manifest) assure us, That the Sovereign Power, and jurisdiction both in the Roman and Germane Empires, and in most forr●ign Christian Kingdoms, was, and yet is, in the Senate, People, Parliaments, States, Diets; yet this is no impeachment at all to their royal Supremacies, or Titles of Supreme Heads, and Governors, Within their own Dominions, no more than the asserting of general Counsels to be above Popes themselves, by the learnedst Papists, is any derogation (as they hold it is not now) to the Pope's most absolute pretended Sovereignty q See p. 2. ●. above all Emperors, Kings, Princes, Prelates, Subjects, and the world itself, of which they affirm him sole Monarch: Therefore by the selfsame reason, this asserting of the whole Kingdoms, and Parliaments power to be above the Kings, is no diminution at all, much less a denial of his Supremacy, and just Prerogative Royal. If then the Parliaments Power be thus higher and greater than the King's Personal Power and Jurisdiction out of Parliament, it will necessarily follow from hence: First, That in these unhappy times of division and separation of the King's Personal presence (not legal which cannot be severed) from the Parliament: The Lords and Commons Orders, Votes, Ordinances, made legally in Parliament itself, are to be preferred, obeyed by all the Kingdom, before any His Majesty's Proclamations, Declarations, Commissions, Warrants, or Mandates, made illegally out of Parliament in affront of both Houses proceedings and Decrees, since when ever two distinct powers command different things, that are lawful, or of the same nature, the higher Power ought still to be obeyed; As if a Master commands his Servant one thing, and the King another; or the King one thing, God another; the King is to be obeyed before the Master, because the Superior Power; but God before the King, because the highest Power, as the r See Gratian causa 11. qu. 3. where he quotes August. Hier. & ●fiedor. to this purpose. Fathers and Canonists resolve most fully: And * Resolving of Conscience, sect. 1, 2, 3. An appeal to thy conscience, and others. Doctor Ferne with other asserters of the King's Prerogative, not only grant, but prove; And therefore press an absolute Obedience to all the King's commands against the Parliament, on this false ground; Because the King (say they) is the highest Sovereign Power, and above the Parliament itself: The contrary whereunto being now made evident to all men; The Argument falls fatally on them that urge it. The Parliament, not the King, is the most Sovereign Power: Erg●, Its Votes, and Ordinances must be preferred and obeyed before the Kings. Yea, The Parliament being the highest Power, the King Himself ought to submit thereto, and to be ruled and advised thereby. This conclusion (though it may seem a Paradox to most men) is an undubitable verity both in point of Divinity and Policy, as is most apparent, by the 1 Sam. 14. 38. to 46. and c. 29, 1, to 11. 2. Sam. 18. 2, 3, 4. c. 19 1. to 9 1 K. 12. 1. to 25. 2. K. 20. 7, 8, 9 1 Chr. 13. 1. to 6. 2 Chr. 10. & 11. c. 30. 2, 3, 5, 23. c. 32. 3. Esth. 1. 13. to 22. c. 9 23. to 23. Ier●. 38. 4. to 28. Dan. 6. 4. to 20 jonah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared together, and with josh. 20. 11. to 34. judg. 20. 1. to 20. (where we find the Princes, and people always overruling their Kings, who submitted their judgement wholly to them, not the King's overruling their Princes and people;) who as josephus' records, Antiqu. judaeorum, l. 4. c. 18. Ought to do nothing besides, against, or without the sentence of the Senate, or Congregation; Whence King Zedechiah said unto his Princes, Jere. 38. 4, 5. The King is not he that can do any thing against you: And in point of Law and Conscience, even in our own Kings and Kingdom, as is clear by 20 E. 3. the Preface, and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors, 38 E. 3. Stat. 2. c. 1, 2, 3. 3 E. 1. c. 17. and 48, with other Statutes which I shall hereafter cite at large, in answer to the fourth Objection, concerning the King's negative voice; which Texts and Statutes those who will, may peruse at leisure for their better satisfaction. And in Paul's time, the highest Powers in Rome, were not the Roman Emperors, as ignorant Doctors make the unlearned world believe, but the Roman Senate, who had full power, not only to elect and command, but censure, and depose their Emperors, and adjudge them unto death, as * commonwealth l. 2. c. 5. john Bodin acknowledgeth, and I shall hereafter abundantly manifest in the Appendix. Secondly, That the Parliaments resisting of the King's personal Commands (especially such as are illegal and destructive to the Kingdom) or any private Subjects resisting them by virtue of a public Ordinance or Countermand from the Parliament, is no resisting of the higher Power, against Paul's injunction, Rom. 13. 1. to 7. as f Resolution of Conscience, sect, 1, 2. etc. And Revindication of Psalm 105. 15. Printed at Cambridge, 1643. Doctor Ferne, and other illiterated Doctors vainly fancy, but a direct submission and obedience to the highest Powers (the Parliament;) and those who resist the Parliaments Ordinances and Commands (especially such as tend to the preservation of Religion, Laws, Liberties▪ Privileges of Parliament, and the Kingdom, or bringing Delinquents to condign punishment) though they do it by virtue of any extrajudicial countermand from the King or His ill Counsellors, do both in point of Law, Divinity, Conscience, resist the higher Powers, because they resist the Parliament (which is in truth, the highest Power, as I have manifested, not the King:) and so shall receive damnation to themselves for it, either here, or hereafter, if they repent not; which I seriously desire all those Delinquents, Papists, Malignants, ill Counsellors, and Cavaliers, to consider, who contrary to several Orders, and Declarations of Parliament, yea contrary to the Law of God, of Nature, of the Realm, have like unnatural Vipers, taken up offensive Arms against the Parliament and Kingdom, to ruin them, Religion, Laws, and Liberties at once. Thirdly, Hence it follows, That the Resolutions and Declarations of the Lords and Commons in Parliament, the supremest Court, against the Commission of Array, Arming of Papists, raising of Forces, imposing Taxes to maintain War against the Parliament, Plundering, and the like, aught to be obeyed, and submitted to, as lawful and binding, both by the King Himself, the Kingdom, and every private Subject whatsoever; and that the King's extrajudicial and illegal Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament, ought not to be obeyed, the King himself as our Law Books resolve, Being no t 8 H. 4. 13. b. 24 H. 8 c 12 52 H. 3. c. 1. 25 H. 8. c. 21. Cook●. Institutes on Mag. Charta, f. 103. 25 Ed. 3. Parl. 2. competent judge (especially out of his Courts) what is Law, or what not in those Cases, but the Parliament only. Which extrajudicial new device of controlling, affronting the Resolutions and Declarations of both Houses, by opposite Proclamations, and Declarations published in his Majesty's name; is such a transcendent violation of, and contempt against the known privileges, the sacred venerable Authority, and power of Parliaments, as (I am confident) no age can Parallel; and if not severely vindicated by exemplary punishments of the highest nature, upon those ill Counsellors, and corrupt Lawyers, who contrive and pen them, will bring this highest, greatest and most honourable Court (wherein the u 31 H. 8. c. 1. 1 lac. c. 1. Dr. & Student, 44. a. whole Kingdom, and every Member of it are represented) into greater contempt and less estimation with all men, (whether Natives or Foreigners) than the basest Court of Pipouders is. No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferior Courts; Let no person whatsoever then presume by pen or tongue, any longer to arraign or traduce the Resolutions and Ordinances of this highest Tribunal. If Kings or Counsellors of State, will instruct or excite the Subjects, peremptorily to disobey and contemn the Ordinances, the Judgements of the Parliament, let them never expect the least obedience or submission to any of their own commands, which are of lesser credit and Authority; which all former Ages have most reverenced and submitted to. Fourthly, That the Parliament and whole Kingdom, being the highest Power, or any Member of the Parliament, cannot by any public Acts or Votes of theirs consented to in Parliament, become Traitors, or guilty of high Treason, against the King, either by the Common Law, or the Statute of 25 Edw. 3. chap, 2. of Treasons, which running in the singular number; If A MAN, etc. (That is, any private man or men, by their own private authority) shall levy war against the King, etc. it ought to be judged high Treason; extends not to the whole Kingdom, or Court of Parliament representing it, (of which no treason was ever yet presumed,) the rather, because the Parliament by this very act is made the judge of all Treasons that are doubtful, and was never yet included within the words or meaning of any Law concerning Treason, and therefore cannot be guilty of it. Hence the depositions of a Gra● part 6. p. 62, 63. Galfredus, Momun, Fabian, Polycha. and others. Archigallo and Emerian, two ancient British Kings, by the unanimous assent of the Lords and Commons, for their rapines, oppressions, and Tyranny, with other forenamed Saxon Kings; and of Edward the second, Richard the second, Henry the sixth, Edward the fourth, by Acts of Parliament; the creating of Richard the third, King; with the frequent translations of the Crown from the right Heir at Common Law, b Pag 5. to 10. to others who had no good Title, by the whole Kingdom or Parliament, (no less than c Bracton l. 2. Glan. 1. 2. f. 11 2. Mirror, c 1 sect. 4. Britton. c. 8. f. 16. c. 22. f. 39 25 E. 3 c. 2. See Rastal, Broke, Stamf. Crompt. Dalton, in their Titles and Chapters of Treason. high Treason in private persons) was never yet reputed, much less questioned for, or adjudged high Treason in the whole Kingdom or Parliament, or any chief active Members in those Parliaments; which by the Law, are uncapable of Treason, for any their judicial actions and resolutions in such cases, being only Tortuous and Erroneous, reversible by other Acts in Parliament, not Traitorous and Rebellious, as appears by all the forequoted Statutes; and by 13 Eliz. cha.. 1. which makes it high Treason for any person to affirm, That the Queen by Authority of the Parliament of England, is not able to make Laws and Statutes of sufficient force to alter, limit, and bind the Crown of this Realm, and the Descent, Limitation, Inheritance, and Government thereof, and any man's Title, or right thereto. And for direct Authorities in this very point, e Walsingham Holin. Graf. Sto. Speed, Martin Fab. Polychro. in 21 R▪ 2. & 11 R. 2. c. 3, 4. 21 R. 2. c. 12. Robert Trisylian and Belknap (then chief Justices) Holt, Fulthorp, and Burgh, Judges, Locton King Sergeant, and Blake the King's Counsel, in the Parliament of 11 Rich. 2. Were condemned, executed, and banished the Realm, as guilty of high Treason, only for affirming under their Hands and Seals. f See the particulars more at large in 21 R 2 c. 12. Grafton, p. 312 353. john Trussels, R. 2. p. 11, 12. Walsingham and Holinshed●in 10. & 11 R. 2. That the Duke of Gloucester, the Earls of Arundel and Warwick were; and the other Lords and Commons might be guilty of high Treason, for procuring a Commission, and other proceedings Voted in Parliament, and be punished it as Traitors. Which opinion of theirs, being afterwards affirmed for Law, in a packed Parliament, 21 Rich. 1. was the very next Parliament in 1 Hen. 4. c. 2. 3, 4. repealed, and the judgement given against those Judges for this Traitorous opinion (tending to the utter subversion of Parliaments) resolved, and enacted to be just. This g See 1 H. 4. c. 3. and here p. 13. judge h Speed p 747 Belknap foresaw, and therefore was unwilling to put his Seal to this opinion, saying; There wanted but a hurdle, a horse, and halter, to carry him where he might suffer the death HE HAD DESERVED: For if I had not done this, I should have died for it, and because I have done it, I DESERVE DEATH for betraying the Lords. Which makes me wonder at a passage in i Hist. p. 675. Speed (who records it) now frequent in Malignants mouths. That the very shop where the Barons original Treasons were forged, was THE PARLIAMENT-HOUSE, wherein from time to time they forced on the King (Edward the second) presumptuous and TREASONOUS ORDINATIONS, not only to reform the King's House and Counsel, and to place, and displace all great Officers at their pleasure; but even claimed a joint interest in the Regiment of the Kingdom, together with the King, which William I●ge (a judge of the Common Law) with other like sticklers, traitorously persuaded them, was according to Law: Which gross slander of the Parliament House, would have been capital at least in former ages, and may now endanger the necks of those who speak or write the same of the present Parliament. Never did any of our Kings, charge any Parliament with high Treason hitherto; much less indict or wage war against their Parliaments, as Traitors, though they have questioned and deposed Kings for offences against, and being Enemies or Traitors to the Kingdom: Let none then dare affirm, That the Houses of Parliament are, or can be Traitors now, for providing for their own, and the Kingdom's safety, by a necessary defensive War, which I shall in the third part fully clear to be neither Treason, nor Rebellion against the King in point of Law, or Conscience, either in the Houses of Parliament, or any that bear Arms by their command. Fifthly, That to conspire or levy war against the Parliament, or Kingdom, to dissolve, or destroy it, or the Members of it, is no less than High Treason; as hath been solemnly adjudged in Parliament, 15 E. 2. in the Act entitled, Exilium Hugonis le de Spenser, in 1 E. 3. the Preface, and cap. 1. in 11 Rich. 2. c. 2, 3, 4. and in the Parliament Roll, Printed by Order of both Houses, August 27. 1642. And before both these, in k Lib. 14. sect 112 Stamf. l 1 c. 2. f. 1. b. and Cromptons', Jurisdict. f. 73. Glanvil, who declares it to be Treason, even at the Common Law, Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI: Agreeable to l Instit. l. ult. 'tis 8. Ulpian, and the m Tit. 3. Saxon Laws, which inform us of Treasons against the Commonwealth and Kingdom, (the case of n Cice●o Orat. in Catil. Cateli●● and o Li●. hist. I. 23 sect. 17. others) as well as against the King; and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stir up any Foreigners or strangers with force to invade this Realm or Ireland. And if it be no less than high Treason against the King to slay the Chancellor, Treasurer or any of the judges, or justices of either Bench, Eyer, Assize, or Oyer and Terminer, being in their places doing their Offices (though by the King's command; as is clear by 25 E. 3. c. 2. and all our Law Books;) then much more must it be high Treason against the King and Kingdom, to war against the highest Court of Parliament, or slay any Member of it, for doing their Offices and executing the Houses just Commands. If bare miscouncelling the King to the prejudice of the Kingdom, hath so frequently been adjudged high Treason against the King and Realm in several Parliaments, as appears by the forecited Histories of Gaveston, the two Spensers, Alexander Nevil, De la Pole, Trysilian, and others; then what is it to miscou●cell, and assist him to make an offensive War against his Parliament, Kingdom, people, for to ruin them? certainly this must be high Treason against King and Realm in the superlative degree. If the Parliament and Kingdom be destroyed, or their heart's blood shed, their vital spirits let out by an unnatural War against them; the King himself (at least in his royal Capacity as King) and his royal posterity too, must necessarily be unkinged, and overwhelmed in their ruins; but if the Kingdom stand and flourish (for whose Peace and safety Kings themselves ought not only to lay down their Crowns, but * John 10. 10, 11, 15. & 11. 50 & 18. 14. lives, as Christ, the * Rev. 17. 14. & 19 16. King of Kings hath resolved, and the High Priest too,) though the King should die or perish (as all * Psal. 86. 6, 7. Kings ever were and will be mortal) yet their posterity may enjoy the Crown, and reign in honour, in prosperity after their death, which they cannot do if the Kingdom perish. Therefore all those Malignants, Papists, Delinquents, and others, who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruin them, though by the Kings own illegal Commission or Command, are not only Arch-traytors to the Parliament and Realm alone, but likewise to the King himself and his Posterity too, in the very judgement of Law; whose blood is shed, whose Crown and Royalty subverted, ruined, in the bloodshed, ruin, destruction of his Parliament, Kingdom, people. As it is in the natural, so likewise in the politic● Body; a mortal wound in any part of the body, kills both body and head; the body natural or politic cannot die or miscarry, but the head must do so likewise; therefore this War against the Parliament and Kingdom, must in point of Law and Conscience too, be a War against the King himself the chief politic head and member of them both, from which he cannot legally be severed, and high Treason at least against them both, as the Parliament, the sole Judge of Treasons hath resolved long since in their * An exact 〈◊〉 loction, see p. 576. Declaration of August 18. 1642. in th●se positive words; The Lords and Commons do declare, That all such persons as shall, upon any pretence whatsoever, assist his Majesty in this war, with Horse, Arms, Plate, or Money, ARE TRAITORS TO HIS MAJESTY, THE PARLIAMENT AND THE KINGDOM, and shall be brought to condign punishment for so high an offence: which they have since seconded in sundry other Declarations and Impeachments. In brief, the Gunpowder plot in 3. jacobi to blow up the Parliament House, was then adjudged, resolved by the Parliament, * 3 jac. c. l, 2, 4, 5 and in his Proclamations for apprehending those Traitors. The proceeding against Traitors, Spe●d hist p 1248 to 1257. King and Judges, to be high Treason, not only against the King, but Parliament and Kingdom too: and to blow up, or assault the Parliament now, in the King's absence, is questionless High Treason, both against the King, Parliament, and Kingdom. Yea, the Statute of 28. H. 8. c. 7. declares those, who shall claim the Crown even of right, in any oeher manner than is limited by virtue and authority of that Act, after the King's death; with all their Counsellors and abettors, to be deemed and adjudged HIGH TRAITORS TO THE REALM, (not the King) and such their offence to be reputed HIGH TREASON; and they for it, to suffer such pains of death and forfeiture of Lands and Goods, as in any cases of high Treason is used, only because it might in common probability engender a Civil war and Dissensions in the Kingdom, to be destruction of the people and their posterities; much more than must it be high Treason against the Realm, and those High Traitors who now actually wage War against the Parliament, the Kingdom, and destroy the Subjects and their estates in divers places, which they have burned, sacked, ruined. I read in * Par. 7. p 186. Fabian, that Eguiran, chief Counsellor to Philip the third of France, was judged to death, and hanged on the Gibbet at Paris, for Treason against King Philip and the REALM OF FRANCE, as our Powder Traitors were executed for high Treason against the King and Realm of England of late, and Gaveston with the Spensers heretofore. By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. & 1. Mariae c. 6. certain offences are declared, and made high Treason, and the committers of them, Traitors and enemies, not only, to, and against the King, but likewise, TO, AND AGAINST THE REALM: and in particular; the illegal indicting of some Lords to destroy them, as guilty of high Treason, for procuring a Commission in Parliament supposed prejudicial to the King and his Crown, in 10 R. 2. c. 1. and the opposing and annulling of that Commission, and of some Process, judgements, Executions, made, given, and affirmed in some of these Parliaments, raising forces, and levying war against the Parliament, and Members of it to destroy them, were then * See Walsi●gh. Holinsh. Fabian, Grafton, Stow, Sp●ed, in 10. & 11. R. 2. 21 R. 2. c. 12. adjudged high Treason both against the King and THE REALM (though done by the King's express Commission and command:) The reason is, because the King himself and the whole Realm in judgement of Law, * See here p. 20 21 22. are ever legally present in and with his Parliament when they sit, (as I have already proved) where ever the King's person is; and his royal legal will (of which alone the Law takes notice) is ever presumed to concur with his greatest Council the Parliament, against whose Privileges, safety, and protection he neither can nor aught by Law or right to attempt any thing; and if any personal Commands or Commissions of the King, under his great Seal, to do aught against Magna Charta, the Subjects' liberty safety, property, the Parliaments Privileges, the Common or Statute Laws of the Realm (all which, together with the King's Coronation Oath, and the Prologues of most old Parliaments expressly prohibit the levying of war, kill, wounding, murdering, imprisoning, disinheriting, robbing, or plundering of the Subjects, without legal trial or conviction, as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers, especially the Welshmen;) issue out to any person or persons whatsoever, especially to raise forces or levy war against the Parliament or Subjects, they are merely void in Law, and will rather aggravate then extenuate the guilt of those who obey or execute them: as is clearly resolved, not only by 42. Ass. p. 5. 12. Brooke Commissions: 15. 16. Cook l. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressly adjudged and enacted by the Statutes of 15 E. 3. 81. 1. c. 1. 3. 42. E 3. c. 1. 3. 11 R. 2. c. 1. to 6. 21 jac. c. 3. the Petition of Right, 3 Caroli. 28. E. 2. Artic. super Chartas c. 2. 4 E. 3. c. 4. 5 E. 3. c. 2. 25 E. 3. c. 1. 15. 34 E. 3. c. 2. and generally by all Statutes concerning * See Rastals A bridgment, ●it Purveyors. Purveyors: by the memorable old Statute of 15 E. 3. Stat. 1, If any Minister of the King, or any other person of what condition soever be be, do or come against any point of the great Charter, or other Statutes, or the Laws of the Land, he shall answer to the Parliament, as well as the SUIT OF THE KING, as at the suit of the party, AS FAR FORTH WHERE IT WAS DONE BY COMMISSION OR COMMANDMENT OF THE KING, as of his own authority: And by that parallel good Law recorded by * Part 7. p. 376. Fabian, made in Parliament in the fi●st year of King Henry the fourth; That no Lord, nor other person of no degree, should after that day lay for his excuse (as some than did) any constraint or coacting of his Prince in executing of any wrong judgement, or other criminous or unlawful deeds, saying; That for fear they durst not otherwise do; for such excuse after this day SHALL STAND HIM IN NO STEAD. And in this Parliament, * Fabian, part. 7. p. 342. 375. Hals Chron. 1. H 4. f. 10 Gr●fton, p. 408 Walsinghom, Hist. p. 393. 402. Hall was judged to be drawn from the Tower of London unto Tyburn, and there to be hanged and quartered (which was accordingly executed) only because he was one of those who secretly murdered the Duke of Gloucester at Calais (illegally attainted of Treason in the Parliament of 21. R. 2. without due process of the Law, by King Richard the second his command, for his good service done in Parliament in 10 & 11. of this King) and likewise the Dukes of Aumarl, Surrey, Exeter, with other Noblemen, were deprived of their Dukedoms, of most of their Lands, Castles, Honours, for having a finger in this Duke's suffocation and death by King Richard's instigation and command, (and had lost their heads too if the common people had been their Judges, who murmured against King Henry for sparing their lives) as you may read in * Hist. p. 402. 403. Speed p. 763. Walsingham and Speed. If these than who murdered but one good Peer of the Realm by the King's special command, for his good service done in former Parliaments, after an illegal judgement of high Treason given against him, were thus hanged, quartered, degraded as Traitors by a solemn Judgement in Parliament; how severe a censure may they expect, who without, and before any such conviction or sentence, have taken up offensive Arms to murder and destroy the Parliament itself and chief Members of it as Traitors, and caused them or any of them illegally to be proclaimed Traitors, the more colourably to wage War against them? All which I would advise His Majesty's Captains, Cavaliers, and ill Counsellors to consider. The rather, because all levying of War either against the King, or against the Kingdom and Parliament, (now made a matter of high Treason on both sides) must and aught to be determined and resolved, which of them is high Treason and which not, and the pa●ties guilty of it, must and aught to be tried, arraigned, judged, and condemned for it, only in and by the Parliament, and in and by no other Court or judges, as is punctually resolved by the several Statutes of 11 R. 2. c. 1. 2. 3. 4. 21 R. 2. c. 2. 3. 4. 12. 20. 8 H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons, especially being a new case. If then the Parliament are, and must be the only judges of this question, Which of the two parties now in Arms are Traitors? and the only Court wherein all must be tried on this point, they may easily judge who are and must be the Traitors in this case; and those who by the King's mere personal command and presence (whom they have treacherously withdrawn from his Parliament) fight now both against Parliament and King in his legal and regal capacity, when the time of trial comes, will be found real Traitors both to King and Kingdom (what ever their own ignorance, temporising Lawyers, or hopes of prevailing may now suggest unto them) as the Parliament hath already declared them in sundry Remonstrances. In the Parliament of 15 E. 2. the two Spensers were by a * Exilium H●●●gonis le Lespersor, f. 50 52. special Act of Parliament adjudged Traitors, banished, and their lands and goods confiscated, for miscounselling this King, and advising him to ride with armed Troops of horses and men into Glocestershire to assault the good people there, and to levy war within the Realm, to the destruction of the Church and people, contrary to the form of the great Charter, and breach of the peace of the Realm: What severe judgement than may those ill Counsellors and Cavaliers deserve, who have actually levied war, not only against the County of Gloc●ster, (which they have pitifully harrowed and spoiled, contrary to all Law, sacking p See the Rela●ion of the 〈◊〉 of Cicester Cicester to its utter ruin, and leading away the good people thence captives to Oxford in triumph, for the most part barefooted, through dirt and mire, in the cold Winter season, chained together in ropes, more like to Turkish Gallystaves then English Christian Subjects; only for this new kind of supposed Treason and Rebellion, the defence of their Liberties, lives, and goods, against thieving Cavaliers, (which they may defend by Law, * Fitz● Corone. 192 194 246. 258. 261. 330. Stamford f. 11, 12, 13. 22 H. 7. 39 24 H. 8. c. 5▪ Cook l. 5. f. 51. 52. 53. and justify the kill of all those who shall violently assault them or their houses, to rob them of them) denying them so much as a draught of cold water to quench their thirst by the way, and keeping off all who would give it to them, many of them being since dead at Oxford of famine and more than barbarous usage, but likewise against most Counties and many Towns of England, (miserably wasted, sacked, pillaged, and some in cold blood burned by them) and the whole Kingdom, Parliament, yea King himself in his politic Capacity; and raised an Army of Papists against express late Acts of Parliament; who not only now set up their long exploded Mass openly in Yorkshire, Reading, and other places, but (which my very soul abhors to think of) have lately in a most impious manner, Shit upon the English Bible in folio, defaced and burnt many Testaments, and godly English Books, in john hamond's house (a Bookseller) in Marleborough, when they sacked it, in contempt of our Religion, setting the chimney on fire with their excessive flames; and if reports be credible, have since burned divers English Bibles, with other good Books, in the public Market place at Reading, under the very Gallows, in detestation of our Protestant Faith, whose utter extirpation is their chief design. Certainly, if these ill Councillors, or murdering Plundering Cavaliers once come to a legal trial, a Gallows will be too mild a punishment to expiate such a prodigious high Treason, which former ages can hardly parallel, especially if they persevere therein. But of this more hereafter. Sixthly, Hence likewise it necessarily follows, that the Houses of Parliament being the Sovereign Power, aught of right to enjoy, and may when they see just cause for the Kingdom's safety and benefit, order the Militia, Navy, Ports, Forts, and Ammunition of the Realm, and dispose of them into such persons custodies as they may safely confided in; nominate and elect, both the great Counsellors, public Officers, and Judges of the Kingdom; of right require, (if not enforce, if wilfully denied) the King's Assent to all public Bills of Right and Justice, necessary for the Common-weal and safety of his Subjects, in which the King hath no absolute Negative voice; take up defensive Arms to protect their Privileges, Laws, Liberties, and established Religion, not only against Malignants and Popish Recusants, but the King himself, if he raise Forces against them, make war upon them, against his Royal Oath and duty, declaring himself an open enemy to his Parliament and kingdom, That they may lawfully in case of present ruin and danger, without the King's concurrence, when he shall separate himself wilfully from, or set himself against them, (which the q Ver● A COMITIIS IN TEMPESTIVE DISCEDERE ID quidem d●ceb●nt, REGI NEFAS FUISSE; neque tant●m jacturam fact●m juris aeque sustinendam▪ Hieron. Blanca. Rerum Arag. Comment. p▪ 662. Estates of Arragon held A WICKEDNESS in their King Alfonso the third:) impose taxes on the Subject, and distrain their goods, imprison, confine, secure their persons for the public safety, when they deem it absolutely necessary. All which, with other particulars, I shall (God willing) fully prove, by such Demonstrations, Arguments, punctual Authorities, and undeniable precedents in former ages▪ as shall, I trust, undeceive the blinded world; and convince, if not satisfy, the greatest Royalists, Papists, Malignants, both in point of Law and Conscience, in the next parts of this Discourse. Errata and Omissions in some Copies. Page 15. l. 43. for Laws read Courts p. 40. l. 22. cons●nts, may be dissolve▪ by their consents. p. 49. l. 44. deal and p. 51. l. 20. Eleventhly, r. Eighthly. Finis Partis Primae. THE SOVEREIGN POWER OF PARLIAMENTS & KINGDOMS. OR Second Part of the Treachery and Disloialty of Papists to their Sovereigns. Wherein the Parliaments and Kingdoms Right and Interest in, and Power over the Militia, Ports, Forts, Navy, Ammunition of the Realm, to dispose of them unto Confiding Officers hands, in these times of danger; Their Right and Interest to nominate and Elect all needful Commanders, to exercise the Militia for the Kingdom's safety, and defence: As likewise, to Recommend and make choice of the Lord Chancellor, Keeper, Treasurer, Privy Seal, Privy Counsellors, judges, and Sheriffs of the Kingdom, When they see just Cause: Together with the Parliaments late Assertion; That the King hath no absolute Negative Voice in passing public Bills of Right and justice, for the safety, peace, and common benefit of his People, when both Houses deem them necessary and just: are fully vindicated and confirmed, by pregnant Reasons and variety of Authorities, for the satisfaction of all Malignants, Papists, Royalists, who unjustly Censure the Parliaments proceedings, Claims and Declarations, in these Particulars. Judges 20. 1. 2. 8. 9 10. 11. Then all the Children of Israel went out, and the Congregation was gathered together, as one man, from Dan even to Beersheba, etc. And ALL THE PEOPLE arose as one man, saying; We will not any of us go to his Tent; neither will we any of us turn into his House; But now, this shall be the thing, that we will do to Gibeah; We will go up by lot against it. And we will take ten men of an hundred, throughout all the Tribes of Israel; and an hundred of a thousand, and a thousand out of ten thousand, to fetch victuals for the people, that they may do to Gibeah, according to all the folly that they have wrought in Israel. Judges 11. 5. 6. 11. And it was so when the children of Ammon made war against Israel, the Elders of Gilead said unto jepthah; Come, and be our Captain, that we may fight with the children of Ammon, etc. Then jepthah went with the Elders of Gilead, and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVERDO THEM. ●▪ ●●m. 18. 3● 4. And the King said unto the people, WHA●●●●EMETH YOU BEST, I WILL DO. Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes; Behold, he is in your hand; FOR THE KING IS NOT HE THAT CAN DO ANY THING AGAINST YOU. It is this 28th. day of March, 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing, that this Book entitled, The Sovereign power of Parliaments and Kingdoms, be forthwith Printed by Michael Spark, Senior. john White. Printed at London by I. D. for Michael Spark, Senior, 1643. To The Reader. COurteous Reader, our usual Proverb concerning Science; That it hath no enemies but Ignorants; is in a great measure now verified concerning the Proceedings of this present Parliament; that few or none malignantly clam or against them▪ but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority; though many of them in their own high-towring conceits deem themselves almost Omniscients, and wiser than an hundred Parliaments compacted into one. Among these Anti-parliamentall Momusses, there are none more outrageously violent (Papists only excepted) in exorbitant Discourses, and virulent Invectives, against this Parliaments Sovereign power, Privileges, Orders, Remonstrances, Resolutions; then a Company of seemingly Scient, though really * Doct●m g●nu● indoctissimorum Hominum, vix ad Doroberniam usque docti. Erasmus. inscient, self-conceited Court-Doctors, Priests, and Lawyers; who have so long studied the Art of flattery, that they have quite forgot the very Rudiments of Divinity, Law, Policy, and found out such a Divine, Legal, unlimited absolute royal Prerogative in the King; and such a most despicable Impotency, Inanity, yea Nullity in Parliaments, without his personal presence and concurrence with them; as was never heard of but in Utopia, if there; and may justly challenge a Special Scene in the next Edition of Ignoramus. What God himself long since complained off; * Hos●● 4. 1. 6▪ My people are destroyed for lack of knowledge; may now be as truly averred of the people of England, (seduced by these blind Guides, or overreached by jesuitically Policies,) they are destroyed for want of knowledge; even of the King's just circumscribed Prerogative; of the Parliaments Supreme unlimited Authority, and Unquestionable Privileges; of their own Haereditary Liberties, and Native Rights: of the Law of God, of Nature, of the Realm in the points now controverted between King and Parliament; of the Machivilian deep Plots of Priests and Papist● long since contrived, and their Confederacies with foreign States (now visibly appearing) by secret Practices, or open violence, to set up Popery and Tyranny, throughout our Realms at once; and by false pretences, mixed with deceitful Protestations, to make ourselves the unhappy Instruments of our Kingdom's slavery, our Laws and Religions utter ruin. The Ignorance, or Inadvertency of these particulars, coupled with a Popish blind Obedience to all royal Commands though never so illegal; out of an implicit Faith, that what ever the King Commands (though against the express Laws of God and the Realm and Resolutions of both Houses of Parliament) may and aught to be obeyed 〈…〉 as some new Doctor● teach▪ hath induced not only many poor Ignorant English and Welsh silly souls, but likewise sundry Nobles and Gentlemen of quality, very unworthily to engage themselves in a most unnatural destructive war, against the High Court of Parliament, and their * Cariola sunt parents, cari liberi, propinqui, familiares; sed omnes omnium caritates Patria una complexa est; pro qua quisbonus dubitet mortem oppetere, si ei ●it profuturus? Quo est detestabilior illotum, immanitas, quilacerant omni scelere Patriam, & in eafunditus delenda occupati & sunt, & fuerunt, Cicero de Officiis l. 1. p. 614. Dearest Native Country, to their eternal infamies, and (which is almost a miracle to consider) to join with the jesuitical Popish Party now in Arms both in England and Ireland, (and some say under the Pope's own Standard) not only to subvert their own Laws and Liberties, but the very Protestant Religion here established, which they profess they fight for. In this deplorable war many thousands have been already destroyed; and the whole Kingdom almost made a desolate wilderness, or like to be so ere this Spring pass over; and all only for want of knowledge, in the premises, which would have prevented all those Miseries and Distractions under which we now languish almost to desperation, and death itself. To dissipate these black Clouds of Egyptian Darkness, spread over all the Land, distilling down upon it in showers of Blood instead of April drops of rain, (and I pray God they make not all our May-flowers of a Sanguine dye,) I have, (after a long sad Contemplation, of my dear Countries bloody Tragedies) at the special Request of some Members of Parliament, (according to my weak Ability, and few Hours vacancy from other distracting Employments) hastily compiled this undigested ensuing Fragment▪ with the preceding Branch thereof, and by their Authority, published that in dismembered Parts, which by reason of its difficulty to the Printers, & urgency of present public affairs now in agitation, I was disabled to put forth (together with the remaining member) in one entire Body, as I desired. Be pleased therefore kindly to accept that in Fractions, for the present, which time only must, and (God-willing) speedily shall complete; which by God's blessing on it, may prove a likely means to compromise our present Differences; and re-establish our much-desired▪ Peace; together with our Religion, Laws, Liberties in their Native purity and glory; (the very Crowns, and Garlands of our Peace;) Peace accompanied with Slavery and Popery (both which now menace Us,) being worse than the worst of Wars; and an honourable death in the field fight against them, better by far then a disconsolate sordid slavish life, or a wounded oppressed Conscience, (though in a royal Palace▪ under them. From such a disadvantageous, enslaving, ensnaring, unwelcome Peace, Good Lord Deliver Us. All I shall add, is but this request; A Charitable Construction, of this mean Service for my Country's Liberty, Tranquillity, Felicity: and if thou, or the Republic reap any benefit thereby, let God only enjoy thy Praises, the Author thy Prayers. And because I have walked in an untrodden path, in all the Parts of this Discourse. — Si quid novisti rectius istis Candidus imperti; si non, his uteremecum. THE SOVEREIGN POWER OF PARLIAMENTS AND KINGDOMS. HAVING answered in the former Part, the Grand Objection Object. 2. against the Parliaments Sovereign Power, I shall in this proceed to the particular crimes now objected against it. The second grand complaint of his a See all his Majesty's Declarations and Proclamations concerning the Militia, Commission of Array, Hull, The Complaint against the Parliament. Majesty and others, against the Parliament is, That both Houses by a mere Ordinance, not only without but against the King's assent, have unjustly usurped the power of the Militia, a chief flower of the Crown, and in pursuit thereof, not only appointed Lieutenants, and other Officers, to muster the Trained Bands in each County; but likewise seized the Ports, Forts, Navy, and Ammunition of the King, together with his Revenues; to regain all which, his Majesty hath been necessitated to raise an Army, and proceed against them in a Martial way. This unhappy difference about the Militia, Answ. being (next to the Introduction of Popery) the spring from whence our uncivil wars have issued, and the full discussion thereof, the most probable means to put a speedy period to them: I shall with as ●uch impartiality and perspicuity, as I may, like a faithful Advocate to my Country, and cordial indifferent wellwisher both to King and Parliament, truly state and debate this controversy, beginning with the occasions which first s●t it on foot. In the late happily composed War between England and Scotland, (occasioned by the Prelates) divers Counties of England were much oppressed by their Lieutenants with illegal Levies of Soldiers, Coat and Conduct money, taking away the Trained Bands Arms against their consents, and the like, for which many complaints were put up against them to this Parliament; many of them voted Delinquents, unfit for such a trust, and all their Commissions resolved to be against Law; so that the Militia of the Realm lay quite unsettled. b See the Parliaments Remonstrances, & Declarations touching all these particulars, specially Nov 2. 1642. Not long after, our Northern Army against he Scots, the pacification being concluded, was by some ill instruments laboured to march up to London, to over-awe or dissolve the Parliament, and quash the Bill against the Bishops sitting in the House: Which plot being discovered, and the chief Actors in it flying over-sea ere it took effect, made the Parliament jealous and fearful of great dangers, if the Command of the Forces of the kingdom then vacant, should be continued in illaffected, or untrusty Officers hands; which distrusts and fears of theirs were much augmented by the sudden general rebellion of the Papists in Ireland, who c See D. jones his Book of Examinations, Printed by the Houses Order. pretended his Majesties and the Queen's Commissions for their warrant; by his Majesty's unexpected accusation of, and personal coming (with an extraordinary Guard) into the House of Commons to demand the five Members of it, whom he charged with high Treason; by his entertaining of divers Captains, as a supernumerary Guard at Whitehall; and denying a Guard to the House; by the Earl of Newcastles attempt to seize upon Hull, and the Magazine there, by command; by the Lord Digbies advise to the King, to retire from the Parliament, to some place of strength; by the Reports of Foreign Forces prepared for England, through the solicitation of those Fugitives, who had a finger in the former plots; and by the Queen's departure into the Netherlands, to raise a party there. Hereupon the Parliament, for their own and the kingdom's better security (in the midst of so many fears and dangers threatened to them) importuned his Majesty to settle the then unsettled Militia of the kingdom, by a Bill, for a convenient time; and seeing the King himself could not personally execute this great trust but by under-officers, by the same Bill, to intrust such persons of quality and sincerity (nominated by both Houses, and approved by the King) as both his Majesty, Parliament, and kingdom might securely confide in, to exercise the Militia, and keep the Forts, Magazine, and Ammunition of the kingdom under him only (as before) till these black clouds were dissipated. Which his Majesty refusing to grant in so ample manner as was thought meet for their security; by a Vote of both Houses (when they were full) the Militia was committed to divers Noble Lords and others; many of whom have since laid down their Commissions, which they at first accepted from the Houses, and instead thereof, been active instruments in executing the Commission of Array; (issued out by his Majesty, in direct opposition to the Militia) which the Houses by two several Declarations have since Voted and manifested, To be against the Law, and Liberty of the Subjects. And to prevent the arrivals of Foreign Forces, and a civil war in the bowels of the kingdom, they first put the Tower of London, by the King's consent, into a confiding hand, trusted by either party; then they secured Hull and the Magazine there; after this, when they were informed his Majesty had seized Newcastle, and was raising an Army, they possessed themselves of the Navy, Portsmouth, with other Ports and Forts; and sequestered his Revenues; (the Nerves with which he should support this unnatural civil war) which by degrees hath now overspread the whole kingdom, and threatens inevitable desolation to it, if not speedily determined, by an honourable safe Accommodation. This being the true State and progress of the Militia, the sole question will be; Whether all the former circumstances of danger, & his Majesty's refusal to settle the Militia, Ports, etc. by an act; in such trusty hands, as both King and Parliament might confide in; the Parliament by an Ordinance of both Houses only, without the King, refusing to join with them, and wilfully absenting himself from the Parliament, might not in this case of necessity and extremity, (for their own, and the kingdom's safety) lawfully settle and seize the premises, for the present, as they have done? and whether this be a just ground for the King to begin or continue a desperate civil war against his Subjects? For my part, I shall not undertake to justify all passages on either side, in the managing of this business; it may be there have been errors at least in both parties: which to reconcile, as near as possible, I shall premise such propositions on either hand, as Neither can in justice deny. On the Kings part it is irrefragable: First, That the Kings of England, (yea generally all Kings where ever) have usually enjoyed the chief Ministerial Ordering of the Militia (in such sort as it hath been settled by their Parliaments) for the defence of the kingdom by Land and Sea, against Foreign Enemies: A Truth acknowledged, not only by Judge Crook, and Hutton, in their Arguments against Ship-money, but by the Parliament itself, in their two Declarations against the Commission of Array; the d 1 Sam. 8. 11 12. 20. c. 13. 2. 〈◊〉 17. 2 Sam. 8. c. 11. 1. c. 12. 29 30. c. 1 8. 1, 2. Scripture itself in sundry places, together with e Poli. l. 3. &. 5 Aristotle, f Hist. l. 6. Polybius, g De office▪ l. 2. Cicero, h De Dignitate Regum Hispaniae. c. 18. jacobus Valdesius, the i See Munster's C●sino. l. 2. c. 18, 19, 20. l. 4. c. 59 Histories of all kingdoms attesting, that the original cause of erecting Kings was, and one principal part of their Royal Office is, to be their Kingdom's Generals in their Wars, and fight their Battles for them; the Kings of Sparta, and others, yea, the ancient Roman Emperors, being k See Grimstons' imp. Hist. 〈…〉. Volater. Polyb. hist. l. 6. nothing but their Generals to manage their Wars, and oft elected Emperors by the Roman Legions, for their skill in Martial affairs. Secondly, That it is not only l 〈…〉 expedient, but in some respects necessary, that this chief ministerial command of the Militia, Forts, and Navy, should constantly continue in the Crown; unless it be in some special cases; as when the King is an Infant, or unable, or unwilling to discharge this trust; or intends to employ this power against his Subjects to infringe their Liberties, and erect a Tyranny instead of a Royalty over them: And that it is not meet nor honourable to deprive his Majesty of this part of his Sovereignty, as long as he shall faithfully discharge his trust herein, but only to recommend unto him such persons of trust and quality to manage the Militia, Forts, and Navy under him, in these times of war and danger, in whose fidelity the Parliament and whole kingdom may confide, and so be freed from their just jealousies, fears, and dangers. Thus far the Houses have already condescended; and upon these indifferent terms (as they conceive them) have oft m 〈…〉 proffered to resign up all the Ports, Forts, Ships, Magazines, and Ammunition they have seized on, into his Majesty's hands, they never desiring, nor intending to divest him of this his Sovereign power over them. On the Parliaments part, it must necessarily be granted to them by the King: First, That the whole power which either his Majesty hath or claims, or his Predecessors enjoyed over the Militia, Forts, Navy, Ammunition, & Revenues of the Crown; was originally derived and granted to his Ancestors, by the Parliaments and kingdoms free consents, * 〈…〉 And that only upon trust and confidence for their protection, benefit, security, as the premises abundantly evidence. Secondly, that the King hath no other power over the Militia, to Array, Arm, or Muster his Subjects in any case, then only in such manner as the Parliament by special Acts hath prescribed, as Sir Edward Cook in his Institutes on Magna Charta, f. 528. 529. this Parliament in the two Declarations against the Commission of Array, and Judge Crook and Hutton in their Arguments against Ship-money, have largely proved. Thirdly, That in ancient times, in and before Edward the Confessors days, and since the Heretoches (or Lord Lieutenants of every Province and Country) who had the chief power of the Militia, and commanded them as their Generals in the Wars, were elected by the Common Council of the kingdom (the Parliament) throughout all Provinces of the Realm, and in every County (by the Freeholders) in a full Folkmote, or County Court; as appears by the express words of King Edward's own Laws, Recorded in n A●chaion p. 135. Mr. Lambard; Recited and affirmed by Sir Edward Cook in his Institutes on Magna Charta, f. 174, 175. Fourthly, That the Sheriff of every County (who both * 3 Ed. 3. c. 17. 19 E. 2. Fitz. Execution 247. 8 H. 4. 19 a. 3 H. 7. 10. Cook● Institutes on Mag. Char. f, 193. 13 E. 1. c. 38. then had, and now hath full power to raise the Militia, and Forces of the County upon any occasion, to apprehend Delinquents, execute Process of the Law, suppress Riots, and preserve the peace of the County) were not elected by the King, but by the Freeholders' of each County, as the o Cook Ibid. p. 558, 559. Conservators of the Peace, and all great Officers of trust, than were, and the p Cook Ibid. No. Nat. Bre. 163 164. Register part 1. 177, 178 28 E. 3. c. 6. Stamford l. 1. f. 51. Coroners, Foresters, and other Officers, then and yet are elected by the Freeholders', (as well as q 7 H. 4. c. 15 8 H. 6. c. 7. Knights, Citizens, and Burgesses of Parliament) even at this very day; This is evident by the express words of King Edward the Confessors Laws. Cap. de Heretochiis (Recorded by Mr. Lambard, Archaion, p. 135. and Sir * Instit. on Mag. Charta. f. 174, 175. Edward Cook) attesting that the Sheriffs of every County were chosen by the Freeholders in the County Court: And by the Articles of deprivation against Richard the second, charging this upon him as an illegal encroachment, * Grafton p. 401 That he put out divers Sheriffs, lawfully ELECTED (to wit, by the Freeholders',) and put in their rooms divers of his own Minions, subverting the Law, contrary to his Oath and honour. r Mat. Westm. Anno 126●. p. 310, 311. Fabi. part 7 p. 30. 71 Grafton p. 137. Speed p. 636. In the year 1261. The Barons, by virtue of an Ordinance of Parliament made at Oxford, in the 45 year of Henry the third, admitted and made Sheriffs of divers Counties in England, and named them Guardians and Keepers of those Counties, and discharged them whom the King had before admitted. After which, great tumults and seditions arose throughout the Counties of England about the Sheriffs; for the * Ma●. West hist Ibid. King making new Sheriffs in every County, and removing with regal indignation, those to whom the custody of the Counties was committed by the Barons and Commons of the Land; the Inhabitants of the Counties animated with the assistance, and aided with the Counsel of some great men of the Realm, by whom they were instructed; with great sagacity, Novos r●pulere viriliter Vicecomites, manfully repulsed the new Sheriffs; Neither would they answer, regard, or obey them in any thing. Whereat the King being grievously troubled in mind, to gain the people's devotion & fidelity, directed his Letters to all the Inhabitants of the several Counties of England, moving to piety & tending to regain the Subjects love. Whereupon great discord increased between the King and his Barons; who coming to London with great forces, the King finding himself too weak, ended the matter for the present with a feigned Accommodation, which soon after was infringed by him; and so, Conquievit tandem per internuncios ipsa perturbatio, SUB SPE PACIS reformandae, sine strepit●● guerrae, quorundum Procerum ad hoc electorum considerationibus, parte utraque concorditer inclinata: Sicque Baronum omnis labour, atque omne studium praecogitatum diu, QUORUNDAM (ut putabatur) ASTUTIA INTERMIXTA cassatum est ad hoc tempus, & emarcuit; quia semper nocuit differre paratis; writes Matthew Westminster▪ Notwithstanding these contests, the people still enjoyed the right of electin▪ Sheriffs, which is evident by the Statute of Articuli super Chartas, in the 28. year of King Edward the first, c. 8. The King granteth to the people (not by way of grace but of Right) that they shall have election of their Sheriff IN EVERY SHIRE (where the Shrevalty is not of Fee) IF THEY LIST, and chap. 13. For as much as the King hath granted the election of the Sheriffs to the COMMONS of the Shire, the King will, that THEY SHALL CHOOSE such Sheriffs, that shall not charge them, etc. And Sir Edward Cook in his Commentary on Magna Charta, f. 174, 175. 558, 559. 566. proves at large, the right of electing Sheriffs, to be anciently, of late, (and at this day in many places) in the Freeholders' and people, as in London, York, Bristol, Gloucester, Norwich, in all great Cities which are Counties, and in Middlesex. Seeing then the Parliament and Freeholders', in ancient times had a just right to elect their Generals, Captains, Sheriffs, (who had the sole power of the Militia, and Counties in their hands next under the King himself) and there is no negative Law in being (that I can find) to exclude them from this power; I humbly conceive, that their settling the Militia by an Ordinance of Both Houses, and electing of Commanders, Lieutenants, Captains in each County to execute it, and defend the Counties from plundering, and destruction, without his Majesty's consent (especially after his refusal to settle it by an Act) can be no encroachment at all upon his Prerogative Royal, but only a reviving and exercising of the old undoubted rightful power enjoyed by their Predecessors, now necessary to be resumed by them (in these times of fear and danger) for the kingdom's safety. Fifthly, The Mayors, Bailiffs, Sheriffs, chief Officers of Cities and Towns corporate throughout● the Realm, (who under the King have the principal command of those Cities, Towns, Ports▪ and in many places of the Militia, and Trained Bands within them) are always chosen by the Corporations and Freemen, not the King, without any derogation to, or usurpation on his Prerogative. Why then may not those Corporations, (yea each County too by the like reason) and the Parliament, which represents them and the whole kingdom, without any prejudice or dishonour to his Majesty's Authority, by an Ordinance of both Houses of Parliament, without the King, dispose of the Militia, and these Military Officers, for the defence of those Corporations, and the Realm too, now, in times of such apparent danger? Sixthly, all * See C●oks Instit. on Mag. Cham f. 538. Military affairs of the kingdom heretofore, have usually, even of right, (for their original determining, counselling, ann disposing part) 〈◊〉 Ordered by the Parliament; the executive, or ministerial part only, by the King; and so hath been the use in most other kingdoms: To instance in particulars. First, the denouncing of war against Foreign enemies, hath been usually concluded and resolved on by the Parliament, before it was proclaimed by the King: as our Records of Parliament, and Histories of wars in the Holy-Land, Fr●●ce, Scotland, Ireland, abundantly evidence. s Speeds hist. p. 785 to 790. See Walsing▪ Fab. Holin. Holl, Stow Graft. in his life Anno 1 & 5. King Henry the fifth by the advice of his Prelates, Lords, and Commons in Parliament, and at their encitement, twice denounced and undertook his victorious war against France, to which Crown he then laid claim, for which end they granted him Subsidies: King t Walsing. hist. An●l. An. 1295 p. 25. See Holin. Speed▪ p. 653. Grafton, Fabian. Edward the 1. in the 21 year of his Reign, calling a Parliament at London, de Concilio Praelatorum & Procerum, etc. by the advice of his Prelates, Lords and Parliament, denounced war against the King of France: to recover his right and lands there seized. Which to effect, both the Clergy and Laity granted him large Subsidies. In the u Grafton, p. 227. 222, 223. fifth year of King Edward the third, the war against Scotland was concluded and resolved on, in and by the Parliament; all the Nobles and Commons of England telling the King, they would gladly and willingly assist and go with him in that expedition, which they vigorously prosecuted: Before this, Anno 1227. A peace (as well as war) was conec●uded with the Scots in and by a Parliament at Northampton. x Matth. Paris, Anno. 1240. p. 561, 562, 563. See Daniel. p. 160. 561. Anno 1242. King Henry the third summoning a Parliament, and demanding aid of his Subjects to assist him in his war against the King of France, to recover his rights there, they gave him a resolute answer, that they would grant him no aid, and that he should make no war with France till the Truce were expired: which Matthew Paris thus further expresseth: The Nobles answered him with great bitterness of heart; that he had conceived this war and unyage into France without their advice: Et talia effrons impudenter postularat, exagitans & depauperans fideles suos tam frequenter, tra●ens exactiones in consequentiam quasi a servis ultimae conditionis, & tantam pecuniam toties extorsit inutiliter dispensandam. Contradixerunt igitur Regi in faciem, nolentes amplius sic pecunia sua frustratorie spoliari. The King hereupon put them off till the next day (Romanorum usus vertutis fallaciis) and then they should hear his mind concerning this and other matters. The next day he calls them one by one into his privy Chamber, Now one, than another, like a Priest calling penitents to confession; and thus those whom he could not all together overcome, weakened by being every one apart, he endeavoured more cunningly to enervate with his words▪ and demanding a pecuniary aid of them he said; See what this Abbot hath granted me towards my aid; behold what another hath subscribed, producing a feigned Roll, that such and such an Abbot or Peer had subscribed such a sum, when in truth not one of them had consented to it, neither came it into their thoughts. The King therefore with such false copies, and ensnaring words. cunningly inveagled many: Notwithstanding most stood out, and would by no means recede from the common answer, which they had sworn not to recede from under pain of an Anathema. To whom the King answered in anger, Shall I be perjured? I have sworn with an inviolable oath, that passing over sea, I will with a stretched out arm demand my rights of the King of France, which I cannot do without store of Treasure, which must proceed from your liberality, else I can by no means do it. Neither yet with these, or other words could he entrap any, albeit, he called every man single to confer with. After this, he again called others which were more familiar with him, and so talking to them said, What a pernicious example give you to others? you who are Earls, Barons, and valiant Soldiers, ought not to tremble as others, to wit, Prelates of the Church do. You ought to be more covetous to demand the King's rights, and valiantly to fight against those who wrong me, etc. with what face then can you relinquish me poor and desolate now, being your Lord, in such a weighty business which concerns the Commonwealth, when I am bound by promises to pass the Seas, which I ratified with an oath? Which when it came to the knowledge of all, they answered: We admire beyond all that can be spoken, into what bottomless pit the innumerable sums of money are sunk, which thou Lord King hast cunningly gained, by divers wardships of great men, by various escheates, frequent extortions, as well from Churches void of a Pastor, as from the lands of Noblemen, free granted Donatives, engendering amazement in the hearts of the hearers, all which have never brought so much as the least increase to the kingdom. Moreover all the Nobles of England do overmuch admire, QUOD SINE EORUM CONSILIO ET CONSENSU, that without their counsel or consent you have undertaken so difficult and perilous a business, giving credit to those who want faith, and contemning the favour of thy natural Subjects, exposest thyself to cases of so doubtful fortune: thou dishonestly and impudently, not without just peril of thy Soul, and wounding of thy Fame breakest the Articles of the truce between the King of France and thee, which thou hast sworn upon thy Soul indissolubly and unviolably to keep for three years' space, etc. The King hearing these things, was exceeding angry, swearing by all the Saints, that he would be revoked by no terror, nor persuaded by any circumstances of words, to retard his begun purpose, and taking ship on Quindena Paschae, would undauntedly try the fortune of War in Foreign parts. And so the Parliament dissolving in discontent and secret heartburning on both sides, the Lords and Barons for a perpetual memory of their Heroic Answer returned to the King, set it down in a notable Remonstrance (too large to transcribe) which you may read in * Pa. 562, 563. Matthew Paris. After this in the year 1248. this * Matth. Paris, Anno 1248. p. 718, 719, 725, 726. etc. Dani. p. 164. King summoned a general Parliament at London, wherein he demanded an aid from his Lords and Commons to recover his Right in France; who instead of granting it, informed him very roundly and fully of his unkingly and base oppressions both of his Subjects and strangers, to his own and the kingdom's dishonour, and of his tyranny and rapines: At which the King being confounded and ashamed in himself, promised a serious and speedy Reformation; Which because they thought to be but feigned, he answered they should shortly see it; Whereupon they replied, they would patiently expect it till fifteen days after St. john Baptist, adjourning the House till then. But the King seduced, hardened and much exasperated by his bad Counsellors and Courtiers, giving then a very high displeasing answer to their demands; they all unanimously answered, that they would no more unprofitably impoverish themselves to enrich and strengthen the King and kingdom's Enemies; and that he had precipitately and indiscreetly, and WITHOUT THEIR CONSENT hastened into Poitiers, and Gascoigne, and engaged himself in that war; whence he returned ingloriously with loss of his honour and treasure, to his great reproach. And so this Parliament dissolving with discontent, the King grew very angry with his ill Counsellors, for putting him upon these courses, which lost the hearts of his Nobles and people: who to pacify his anger and supply his wants, advised him to sell all his Plate, Utensils, and Jewels to the Londoners, and then to resume and seize them again, as belonging to the Crown. y Matth. Paris, An. 1256. Dan. p. 172. Anno 1256. The same King Henry summoned a Parliament to assist him in his wars in Apulia; but because he had taken upon him that War WITHOUT HIS BARONS AND PARLIAMENTS CONSENT they and his own Brother, Richard Earl of Cornwall, refused to grant or lend him any aid. And * Nota. because all the Barons and Commons were not summoned to this Parliament, as they ought to be, according to the tenor of Magna Charta, they refused to do any thing, or grant any aid without the rest of the Peers were present; and so returned home discontented. After this, z Mat. Paris, An. 1258. p. 933, 934. 935. Dan. p. 175. Anno 1258. this King summoning a Parliament at London, demanded aid of them towards his wars in Apulia; to which the Parliament gave this resolute answer, that they could no ways supply him in this case without their own undoing: And if he had unadvisedly, and unseemingly gotten from the Pope the kingdom of Apulia for the use of his Son Edward, he should impute it to his own simplicity, and that he had PRESUMED UNCIRCUMSPECTLY WITHOUT THE CONSENT OF HIS NOBLES TO UNDERTAKE THIS WAR, as a contemner of deliberation and prudence, which is wont to forecast the end of things; therefore he should bring it to what issue he best could, and should take example from his brother Richard, who refused the Empire tendered to him, etc. In the second year of a Walsing. An. 1311. hist. Ang. p. 71. King Edward the second, he consented to this Act of Parliament, That he would begin no war without common consent in Parliament, which he then confirmed with an Oath. So b Walsin. hist. Angl. p. 37, 38. etc. Ypodigma. Neustriae Anno. 1297. p. 83. to 87. An. 25 Edward 1. The Lords and Commons utterly refused to go with the King to his wars in Flanders, though they were summoned to do it; Because this war was proclaimed without their consents and good like; and they were not bound by their Tenors to go unto it; petitioning the King to desist from this War; and at last caused the King in Parliament to release these services. And c Mat. Paris, An. 1205. p. 204. Anno 1205. The Lords and Commons for this very reason, refused to go with King john to his wars in France to recover his inheritance there. * Walsing●am, hist. p. 319, 320 321, etc. In the sixth year of King Richard the second, in a Parliament holden at London, it was for many days together debated, whether the Bishop of Norwich (Henry Spens●r) wh●m the Pope had made General of his Forces against the schismatics of Flanders, giving great indulgences to those who should assist him in person or with moneys in this War, should undertake that War or no? and after mu●h opposition of the Captains of the kingdom, alleging, that it was not safe to commit the people of the King and kingdom to an unexpert Priest; it was at last resolved in Parliament (through the constancy and valour of the Knights and Commons) that he should undertake this war, and go General of the Army: Which office he valiantly managed with good success; being a better Soldier than Preacher. And the same year in another * Walsingham, his●. p. 332. Parliament at London; it was Decreed BY THE PARLIAMENT, that because the Scots had broken their Faith with the English, Faith should be broken with them. (Frangenti fidem, fides frangatur eidem:) And that a select power should be sent into Scotland out of England, (to wit, a thousand Lances, and 2000 Archers) to curb their attempts, under the conduct of the Lord Thomas of Woodstock: which the Scots being informed of, were greatly afraid, and in the end of the Parliament sent humble supplicants to it, to treat with them about a peace or truce, which they desired. But the English having had such frequent experience of their falsehood, would neither treat nor compound with them; but reviling their messengers, commanded them to return home, wishing them to defend their heads and rights as well as they could. Who returning, the Northern Lords undertook the defence of their Country, until Thomas of Woodstock should be prepared to aid them with greater Forces. Lo here both Generals, Armies, Wars appointed by the Parliament, and Subsidies likewise granted to supply them; and the making of a peace or truce referred to them, it being agreed in a former Treaty; that if any damage or injury should be done by either Nation one to another, some special Committees should be sent to the Parliament of both kingdoms every year, who should publicly relate the injuries sustained, and receive amends according to the damage suffered, by the judgement of the Lords. In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our d Grafton, p. 255, 250. Spe. p. 701. Historians too, (I find this preamble, recited almost verbatim, the next Parliament the same year, chap 1.) It is to be remembered, that at the Parliament h●lden at Westminster, the monday next after the Utas of the Holy Trinity, in the Reign of our Sovereign Lord the King that now is, of England the 18. and of France the 5. many things were showed in full Parliament, which were attempted by the adversary party, against our Sovereign Lord the King of France, against the Truce late taken in Britain, betwixt our Sovereign Lord the King, and him. And how that he enforceth himself as much as he may, to destroy our said Sovereign Lord the King, and his Allies, Subjects, Lands and places and the tongue of England. And that was prayed by our said Sovereign Lord the King of the Prelates, great men and Commons, THAT THEY WOULD GIVE HIM SUCH COUNSEL and AID AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY. And the same Prelates, great men and Commons taking good deliberation and advice, and openly seeing the subversion of the Land of England, and Kings great business, which God defend, if hasty remedy be not provided, HAVE COUNSELLED JOINTLY and SEVERALLY, and prayed with great instance our Sovereign Lord the King, that he would make him as strong as he might to pass the Sea, in assurance of the aid of God and his good quarrel, effectually at this time, TO MAKE AN END OF HIS WARS BY WAY OF PEACE OR ELSE BY FORCE. And that for Letters, words, nor fair promises, he shall not let his passage, till he see the effect of his business. And for this cause the said great men do grant, to pass and adventure them with him. And the said Commons do grant to him for the same cause in a certain form, two Quinzimes of the Commonalty, and two Dimes of the Cities and Burrougheses, to be levied in manner as the last Quinzime granted to him, and not in other manner, etc. So that the money levied of the same, be dispended in the business showed to them this Parliament, BY ADVICE OF THE GREAT MEN THERETO ASSIGNED. And that the aids beyond Trent, BE PUT IN DEFENCE OF THE NORTH. A pregnant Precedent of the Parliaments interest in concluding War and Peace, and disposing of the aid contributed towards wars, to such persons and uses as they deem meet to confide in. By these, with infinite other precedents, the Statute of 1 jac. c. 2. and the Act of Pacification and oblivion between Scotland and England, made this very Parliament, enacting that no war shall be levied or made by any of either Nation against the other without consent of Parliament, under pain of High Treason; It is evident, that the principal right of concluding, denouncing War or peace, resides in the Parliament: and that the King without its previous advice and consent, ought not to proclaim any open war, since the Subject's estates; and persons must support, wage it, and receive most disadvantage by it; a truth not only employed but resolved by his Majesties own royal assent this very Parliament in the Act of Pacification betwixt England and Scotland. Neither is this thing unusual but common in other Kingdoms. e L 2. Rom. hist. Dec. 2, 3. l. 5 Dec. 1. l. 8. Dec. 1. l. 9 D. 1. Livy, f Hist. l. 6. Polybius, g Imperial hist. pass●●. Grimston, h Numa Pompilius. Plutarch, i Commonwealth, l. 1. c. 10 p. 162, 163, 164. john Bodin expressly affirm and confirm by sundry examples; That in the Roman State, both under their Kings and Emperors, the chief power of denouncing war and concluding peace, was in the Senate and people: And if any of their Emperors, Consuls or Generals concluded peace without their consents, it did not bind, but was merely void, unless the Senate and people ratified it by a new decree: neither might any war be decreed, but in the great assembly of the Senate and people together, and by a public Law. And because Caesar had, without command of the people, made war in France, Cato Uticensis delivered his opinion in the Senate, that the Army was to be called home, and Caesar for his presumption delivered up to the Enemy. So in the States and Kingdoms of the * Bodin. i● & l. 3. c. 1. Athenians, Aetolians, Polonia, Sweden, Denmark and Norway, no War was begun, nor Peace concluded by their Kings but by the authority and preceding decree of their Senates, Parliaments and Diets, as k Bodins Commonweal l. 1. c. 10. p. 162 to 166. Bodin proves at large. The like l Rerum Stoticarum. l. 9 p. 334. & l. 7. p. 234. Buchanan affirms of the Kings of Scotland; and we have divine authority concurring with it, josh. 22. 11, 12, etc. judg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and judg. 11. Secondly, All preparations belonging to war by Land or Sea, have in the gross and general, been usually ordered, limited and settled by the Parliaments: as namely, First, What proportions and sums of money should be raised for the managing of the war; in what manner and time it should be levied; to what hands it should be paid; and how disbursed: which appears by all the Bills of Subsidies, Tenths, Taxes, Tonnage and Poundage in the Reigns of all our Kings. Secondly, How every man should be Mustered, Arrayed, Armed, According to his estate, m 11 R. 2. c. 7. See Rastall, Taxes, etc. 25. E. 3. Stat 9 as is clear by all our Statutes of Armour, Musters, Captains, Ships, Horses, Wars, reduced under heads by n Abridgement of Stat. Rastall; where you may peruse them: by Justice Crookes and Huttons Arguments against Ship-money; Sir Edward Cooks Institutes on Magna Charta, f. 528, 529. the Parliaments two late Declarations against the Commission of Array: and the Statute of Winchester, 13. E. 1. c. 6. Thirdly, How far every man shall March when he is Arrayed, o 1 E. 3. c. 7. 18 E. 3. c. 8. 25 E. 3. c. 8. 4 H. 4. c. 13. 11 H 7. c. 18. 19 H. 7. c. 1, 2. 5 R. 2. c. 10. 1 H. 5. c. 9 2. & 3 E. 6. c. 2. 4, & 5. Phil. & Mar. c. 3. 5 Eliz. c. 5. Littleton Chapter of Escuage; & Cooks Institutes on it f. 68 to 75. Fit. Nat. Bre. f. 83, 84. 7, H. 4. Fitz. Tenebres, 44. 73. The Acts for pressing Mariners, this Parliament 1 H. 6. c. 5. 18 H. 6. c. 18. when he shall go out of his own County with his Arms, when not: who shall serve by Sea, who by Land; how long they shall continue in the Wars; when they shall be at their own, when at the Kingdoms, when at the King's costs or wages, and for how long time; as the Marginal Statutes, and next forecited Law Authorities manifest. Fourthly, When, where, and by whom p 1 H. 4. c. 7. 2 H. 4. c. 21. 7 H. 4. c. 14 8 H. 4. c. 1. 6. & c. 2. 19 H. 7. c. 14. Liveries, Hats, Coats, shall be given in Wars, when not, and what q 9 H. 5. c. 3. 4 H. 6. c. 2. 14 E. 4. c. 2. 8 H. 6. c. 13. Fitz. Brooke Tit. Protection, 11 E. 4. c. 1, 2, 1 H. 7. c. 6. 49 H. 7. c. 4. 7 H. 7. c. 1. Protections or Privileges those who go to Wars, or continue in them shall have allowed them. Fifthly, What r 1 H. 6. c. 5. 14 H. 7. c. 7. 2 R. 3. c. 4. 5 R. 2. Stat. 2. c. 3. shares or proportions of Prisoners, Prizes, Booties, Captains and Soldiers should be allowed in the Wars: And at what s 13. R. 2. c. 20. 14 E. 4. c. 10. Ports and rates they should be Shipped over Sea. Sixthly, t 2 R. 2. c. 4. 13. c. 5. 15 R. 2. c. 3, 5 R. 2. c. 3. Stat. 2. 2 H. 4. c, 11. 2 H. 5. c. 6. 18 E. 3. c. 3. 14. H. 6. c. 6. 7, 8. 2 H 5. c. 6. 29 H. 6. c. 2. 4. H. 5. c. 7. 14 E. 4. c. 4. 18 H. 6. c. 9 28 H. 8. c. 15. 37 H. 8. c. 4. How and by whom the Sea shall be guarded, and what Jurisdiction, Authority, and share of Prizes the Admirals of England shall have; When the Sea shall be open; when shut to enemies and strangers; What punishments inflicted for Mariners abuses on the Sea; And what redress for the Subjects there robbed by enemies or others. Seventhly, What u 21 R. 2. c. 18. See spelman's Gl●ss. Admiral. Cook's Instit. on Littleion, 260. 10 H. 6. c. 5. 4. E. 4. c. 11. 37 H. ●. c. 1. 23 Eliz. c. 4. Castles, Forts, Bulwarks, shall be built or repaired for defence of the Realm, in what places, and by whose charges. Eightly, What x 2 R. 2. c. 4. 18 H. 7 c. 18, 19 7 H. 7. c. 1. 3 H. 8. c. 5. 2 E. 6. c. 2. Phil. & Mary, c. 3. 5 Eliz. soldier 211. Cook 6. r. f. 17. ●● punishment shall be inflicted upon Captains, who abuse their trust, detain the Soldier's wages, and on Soldiers, who sell their Arms, or desert their colours without special Licence. Ninthly, What y 35 Eliz. c. 4 39 Eliz. c. 21. 43 Eliz. c. 3. provision there shall be made for, and maintenance allowed to Soldier's hurt or maimed in the Wars by Land, and for Mariners by Sea. Tenthly, That z 7▪ R. 2. c. 16. 15 R. 2. c. 7. 7 H. 7. c. 6. no aid, Armour, Horses, Victuals shall be conveyed to the enemies by way of Merchandise, or otherwise during the Wars; that all Scots, and other enemies should be banished the Kingdom and their goods seized while the wars continued between England and them. Eleventhly, How a 2 H. 4. c. 12 18. 20 28, 30, 31, 32, 33. 1 H. 5, c. 6, 7. 3 H. 5 c. 3. 4 H. 5. c. 6, 7. 7 jac. c. 1. 15 R. 2 c. 7. 17 R. 2▪ c. 7. 4 H. 5. c. 6. 1 H. 1. c. 3. Frontier Castles and Towns toward Wa●es, and other places of hostility should be well manned and guarded, and no Welshmen, Irish, Scots or alien Enemies should be permitted to stay in England to give intelligence, or suffered to dwell or purchase Houses or Lands within those Towns; and that they shall all be disarmed. Twelfthly, After what b 3 E. 1. c. 7. manner Purveyances shall be made by the Captains of Castles, and how they shall take up victual. In one word, Wars have been ended, Leagues, Truces made, confirmed, and punishments for breach of them, provisions for preservation of them enacted by the Parliament, c 2 H. 5. c. 6. 4 H. 5. c. 17. 14 H. 6. c. 7, 7▪ 29 H. 6 c. 2. 14 E. 4. c. 4▪ as infinite Precedents in the Parliament Rolls and * 15 R. 2. c. 7. 8 H. 6. c. 3. 14 H. 6 c. 8. 20 H. 6. c. 12. 23 H 6. c, 6 27 H. 6. c, 2. 12 E. 4. c. 3. 17 E. 4. c. 1. Printed Acts, demonstrate. So that our Parliaments in all * Se● 13 R. 2. c 2. 27 E. 3▪ c. 17 1 H. 6. c. 5. 9 H. 5. c. 3. 4 E. 3. c. 8 former ages, even in the Reigns of our most Martial Kings, have had the Sovereign power of ordering, settling, determining both the beginning, progress, and conclusion of our Wars, and the chief ordering of * all things which concerned the managing of them by Sea and Land; being indeed the great Counsel of War, elected by the Kingdom, to direct our Kings; who were and are in truth but the kingdom's chief Lord Generals, (as the d Polyb. hist. l. 6. Eutropius, Munster, Grimston, Zonaras in the Roman Emperors lives, Seldens Tit. of Honor. ) Roman Emperors, and all Kings of old were their Senates, States and People's Generals, to manage their Wars and fight their battles) the Sovereign power of making and directing War or Peace, being not in the Emperors or Kings themselves, but in their Senates, States and Parliaments, as e Arist. Polit. l. 3. & 5. 1 Sam. 8 11, 12. 22. Bodin proves at large. And being but the Kingdom's Generals, f Commonwealth l. 1. c 10 who must support and maintain the Wars, there is as great reason that they should direct and overrule Kings in the Ordering of their Wars and Militia when they see cause, as that they should direct and rule their Lord General now, or the King his Generals in both his Armies. During the g Walsingham hist. Ang. p. 458 Spe. hist. p. 1108 1109, 1120. minorities of King Henry the sixth, and Edward the sixth, the Parliament made the Duke of Bedford Regent of France, and the Dukes of Gloucester and Somerset, Lord Protectors of England; committing the trust of the Militia, and Wars to them: And ay 39 H. 6. the Parliament made h Grafi. p. 647 Halls Chron. 39 H. 6. f. 182. Sp. 362. Holinshed, S●ow, Mar●yn, 38, & 39 H. 6. Richard Duke of York, Lord Protector of the Realm, and gave him like power, when the King was of full age. And in our present times: The King himself this very Parliament voluntarily committed the whole care and managing of the Wars in Ireland and the Militia there to this present Parliament; who appointed both the Commanders and all other Officers of the Forces sent hence into Ireland: and that without any injury, or eclipse, to his Majesty's Royal Prerogative. If then the Subjects and Parliament in ancient times, have had the election of their Generals, Captains, Commanders, Sheriffs, Mayors, and other Officers, having the chief ordering of the Militia under the King; if they have constantly Ordered all parts and matters concerning the Wars in all former King's Reigns; appointed Regent's and Protectors, committing to them the Kings own Royal power over the Militia, during their Minorities; and his Majesty himself hath permitted this Parliament to Order the Militia of Ireland, to which they have no such right or Titleash to that of England, without any prejudice to his Prerogative; I can see no just exception, why his Majesty should at first, or now deny the Parliament such a power over the Militia, as they desired for a time; or why in point of Honour or Justice, their Bill for settling the Militia in safe under hands, in such persons as both sides may well confide in, should now be rejected, being for the Kings, Kingdoms, and Parliaments peace and security; much less, why a bloody intestine War should be raised or continued, upon such an unconsiderable point on his Majesty's part: who seeing he cannot manage the Militia in proper person in all Counties, but only by Substitutes; hath far more cause to accept of such persons of Honour and quality as his Parliament shall nominate (in whom himself and his whole Kingdom in these times of War and danger may repose confidence) to execute this trust, than any whom his own judgement alone, or some private Lords or Courtiers shall recommend, in whom the Kingdom and Parliament, in these jealous deceitful times, dare not confide. The yielding to the Parliament in this just request, will remove all fears and jealousies, restore our peace, regain his Majesty the real affections of his discontented Subjects; the persisting in the contrary course will but add fuel to our flames, fears, doubts, dangers, and frustrate all hopes, all endeavours of Peace. From the Militia itself, I descend to the consequencies of its denial, the Parliaments seizing upon Hull, with other Ports and Forts, the Royal Navy, Ammunition, Arms, Revenues, and detaining them still from his Majesty, the grand difference now pretended, whence the present war hath emerged; which these ensuing considerations will in a great measure qualify, if not altogether satisfy. First, his Majesty and all Royalists must necessarily yield, that the Ports, Forts, Navy, Ammunition, Arms, and Revenues thus seized on by the Parliament, though his i See the Remonstrance of both Houses, Nou. 2. 1642. Majesties in point of possession, yet are not his, but the Kingdoms in point of right and interest; they being first transferred to, and placed on his Predecessors and himself by the Parliament and Kingdom: not in right of propriety, but k See Littleton, sect. 378, 379. and Cook ibid. Fitz. Nat. f. 113 a. Cook 7. f. 5. 14 E. 3. c. 1. 11 R 2 c. 1. 42 E. c. 4. conditionally upon trust, (his Majesty being but a public Officer) for the defence and safety of the Realm; and though his Majesty came to them by descent, yet it was but in nature of the Heir of a Feoffee in trust, for the use and service of the kingdom; as a King in his politic; not as a man or Proprietor in his natural capacity; as our l Ploughed. Com. f. 245. 221. 250 34 H. 6. f. 34. Cook Instit. on Littleton. f. 15. b. Law Books, Terminis terminantibus resolve. Hence it hath been oft adjudged; m 35 H. 6. c. 7 Fitz. Devise. 5. 1 H. 5. Executors. 108. 21 E 4. 45▪ b 21 E. 3. 39 24 E. 3. 42. 11 H. 4. 7. Fit. Quare Imp. 35 53. 54. 115 118, 189. Presentment ab Esglise, 11 Livery. 23, Cook, l. 9 f. 97. 16 R. 2. c. 1. 4, 1 H. 6. c. 5. that the King can neither by his will in writing, nor by his Letters Patents, Devise or alien the Lands, Revenues, Jewels, Ships, Forts, or Ammunition of the Crown (unless it be by virtue of some special n 21 R. 2. c 9 Cook, l. 8. The Prince's case. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 H 6. c. 5. 25 H. 8. c. 22. Act of Parliament enabling him to do it by the kingdom's general consent;) and if any such alienations be made, they are void in Law, and may be, yea have been o 1 H. 5. c. 9 31 H. 6. c. 7. 10 R. 2. c. 1. oft resumed, reversed by the Parliament; because they are not the Kings, but kingdoms, in point of interest and propriety: the Kings, but in possession and trust for the kingdom's use and defence. Hence it is, that if the King die, all his p 14 E. 3. Stat. 2▪ c. 1. 5▪ R 2. c 3 Al Statues that give Subsidies, Tenths, Tonnage or Poundage, See Rastal Taxes, etc. Ships, Arms, Ammunition, Jewels, Plate, Debts to the Crown, Monies, Arrearages of Rents or Subsidies, Wards, and Rights of presentments to void Churches, go only to his Successors, not to his Executors, (as in case of a common person,) because he enjoys them not as a Proprietor (as other Subjects do) but as a Trustee only, for the g See before Cook 5▪ f. 15 & 14 E. 3. c. 1. 10 R. 2 c 1. kingdom's benefit and defence; as a h See Fitz & Brooke, Abbey, Corpora●ions, Deane & Chap. Parson. Bishop, Abbot, Deane, Mayor, or such like Corporations, enjoy their Lands, not in their natural but politic capacities, for the use and in the right of their Churches, Houses, Corporations, not their own. Upon this ground i Speed p. 459. Matth. Paris, p. 2. King Harold pleaded his Oath and promise of the Crown of England to William the Conqueror, without the Kingdom's consent, to be void; and k Mat. Paris hist. Mino●, Dr. Crakenthorpe of the Pope's temporal Monarchy, p. 252. to 255. Graft●n 11. King Philip, with all the Nobles, of France, and our own Parliament (40 E. 3. rot. Par●. nu. 8.) unanimously resolved, King john his resignation and grant of the Crown and Kingdom of England, to the Pope, without the Nobles and Parliaments consents, to be a mere nullity, void in Law, binding neither King nor Subject; the Crown and possessions of it, being not the Kings but kingdoms. And before this, * Mat. West. An. 1245. p. 191, to 197. Walsingh. Ypodig. Neust. p. 60. Mat. Paris p. 646. Anno Do●. 1245. in the great Council of Lions, under Pope Innocent, to which King Henry the third, sent four Earls and Barons, together with the English Prelates, and one Master William Powyke an Advocate, to complain of the Pope's exactions in the Council, which they did; where they likewise openly protested against the annual tribute extorted by the Pope, by grant from King john, (whose detestable Charter granting that annual tribute, was reported to be burnt to ashes in the Pope's closet, by a casual fire during this Council) as a mere nullity, and that in the behalf of the whole kingdom of England; EO QUOD DE REGNI ASSENSU NON PROCESSERAT, because the kingdom consented not thereto; and because the King himself could make no such Charter to charge the kingdom. Which Matthew Paris thus expresseth. W. De Poweric Anglicanae Vniversitatis Procurator assurgens, gravamina Regni Angliae ex parte universitatis Angliae, proponens satis eleganter; conquestus est graviter, quod tempore Belli per ●●uriam Romanam, extortum est tributum injuriose, in quod nunquam patres Nobilium regni, vel ipsi consenserunt, nec consentiunt, neque in futurum consentient, unde sibi petunt justitiam exhiberi cum remedio. Ad quod Papa, nec oculos elevans, nec vocem, verbum non respondit. Upon this reason (l) Matthew Paris speaking of King Henry the third his mortgaging his kingdom to the Pope, * Hist. p. 868. Anno 1251. for such moneys as he should expend in the Wars: useth this expression. Rex secus quam deceret, aut expediret, Se, suumque Regnum, sub paena exhaeredationis, QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT, Domino Papae obligavit. Hence King Edward the third, having the Title of the King and Crown of France devolved to him, which made some of the English fear, that they should be put in subjection to the Realm of France, against the Law; the Parliament in the 14. year of his Reign, Stat. 4. passed a special Act, declaring; That the Realm of England never was, nor aught to be in subjection, nor in the obeisance of the Kings of France, nor of the Realm of France: and enacting; that the King of England or his Heirs, by colour of his or their Titles to the Crown, Seale, Arms, and Title of the King of France should not in any time to come put the Realm of England, or people of the same, of what estate or condition soever they be, in subjection or obeisance, of him, nor his Heirs nor his Successors, as Kings of France, nor be subject, nor obedient, but shall be free and quite of all manner subjection, and obeisance as they were wont to be in the time of his Progenitors, Kings of England for ever. By the Statute of 10 R. 2. c. 1. it is resolved, That the King could not alien the Land, Castles, Ships, Revenues, Jewels, and Goods of the Crown; and a Commission is thereby granted to inquire of, and resume all such alienations as illegal. Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire, in their Petition to the King, and the whole Parliament in and by that Law, declared; That the Crown and kingdom of England, hath been so free at all times, that it hath been in subjection to no Realm, but immediately subject to God, and to none other; which (by the prosecution of suits in the Court of Rome for Benefices, provided against by this Act) should in all things touching the Regality thereof, be submitted to the Bishop of Rome, and the Laws and Statutes of the Realm be by him defeated and frustrated at his will, to the destruction of the King, his Sovereignty, Crown and Regality, and of all his Realm; in defence whereof in all points, they would live and die. Hence the Kings of England have always settled, entailed, and disposed of the succession and Revenues of the Crown by special Acts of Parliament, and consent of the whole Realm, because the whole kingdom hath an interest therein, without whose concurring assent in Parliament, they had no power to dispose thereof: as the Statutes of 21 R. 2. c. 9 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1, 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 jac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138, 139. abundantly manifest, and Cook l. 8. the Prince's case. Upon which ground * Fox Acts & Mon. vol. 3. p. 13 to 17. See Hol. Graft. Sp. Stow Martin, & others in 1 Mariae. King Edward the sixth, his devise of the Crown of England to the Lady jane, by his last will in writing, without an Act of Parliament, contrary to the Statute of 35 H. 8. c. 1. was adjudged void; though subscribed and sworn to, by all the Lords of the privy Counsel, and all the judges but one; and Queen jane, with the Duke of Northumberland and others, who proclaimed her as Queen of England by virtue of this devise, were condemned and executed as Traitors: Whereas avy private Subject may devise, and settle his estate as he pleaseth, without any special Act of Parliament to authorise him. Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth, and the Legacies therein bequeathed of 40000. Marks in Goods, Chattels, Jewels, Monies for Payment of the King's debts, are ratified by the Lords, Commons, and Protectors, concurring assents by an Act of Parliament, as being otherwise invalid to bind the King or Kingdom. And Num. 40. Queen Katherine's Dower of 40000. Scutes per Annum, concluded on by Articles upon her Marriage, and by a Parliament held the second of May in the 9 year of King Henry the fifth, well approved, authorized and accepted, which Articles that King then swore unto, and the three Estates of the Realm of England, to wit, the Prelates, Nobles, and Commons of England, in that Parliament, and every one of them, for them, their Heirs and Successors, promised well and truly to observe and fulfil for ever, as much as to them and every of them appertained: Was after her Husband's death, upon her petition, by a special patent made by this Infant King her Son, WITH THE ASSENT OF THE LORDS SPIRITUAL and TEMPORAL, and COMMONS OF ENGLAND, IN THAT PRESENT PARLIAMENT ASSEMBLED, assigned, settled, and confirmed, out of the Crown Lands therein specified: else it had not been binding to the Successor King or Realm: the Crown Lands being the Kings but only in the Kingdom's right; whence all our Queen's Dowers and Jointures have usually been settled and confirmed in and by Parliaments, (whereas any other man may endow or make his Wife a good Jointure, without the Parliaments assent or privity;) And in * Walsingham, ●ist. p. 112. daniel's hist. p. 220 Speed p. 688. 2 E. 3. the Queen Dowagers great jointure (which took up three parts of the King's Revenues) by common consent in a Parliament, held at Nottingham, was all taken from her, (because not duly settled by Parliament, and too excessive, to the Kings and kingdom's prejudice) and she put to a pension of 1000 li. per annum, during her life. And by the Statute of 1 H. 6. c. 5. it is expressly resolved, That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crown, to maintain his Wars, without a special Act of Parliament; and if he did, those to whom he pawned or sold them, were still accountable to the Crown for them, and the alienation void; whence, the carrying of the Jewels, Treasure, and Plate of the kingdom over Sea into Ireland without assent of the Nobility and Parliament, was one of the m Graf. p. 401 Articles objected against Richard the second in Parliament, when he was deposed; the Jewels and Crown Lands being not the Kings in right of property and interest, but the kingdoms only; and so all alienations of them without the Parliaments consent void, and usually n 1 H. 5 c. 9 10 R. 2. c. 1. Graft. p. 90, 149 Mat. Par. p. 306 308. Sp. p. 597 daniel's hist. pa. 78, 79, 80, 123 resumed by the Parliament; witness the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours, Castles, Towns, Villages, Manors, Lands, Rents, Reversions, Annuities, etc. from the first year of his Reign till then, with divers other precedents of Resumptions in the Margin, in King Stevens, Rich. 1, 2. & Hen. 2, 3, & 5. their Reigns. These resolutions of our Common and Statute Law, are seconded by many foreign Civilians, as Baldus in Proem. de Feud. n. 32. 33. Aretine in Rubric. Lucas de Penna. Cod. de omni agro deserto. l. Quicunque f. 184, 185. Albericus de Rosate: Quodcunque. praescrip. been a Zenone. n. 4. f. 3. 1. 4. Boetius Epan. Haeroic. quest. qu. 3. n. 43. qu. 5. n. 19 27. 34. Didacus' Cavaruvius, Practic. qu. c. 4. n. 1. Martinus Laudensis, de Confaed. Tract. 1. qu. 13. joan. Andreas, in cap. dilect. de Maior. & Obed. Franciscus Vargas de Author. Pontif. Axiom. 1. n. 2. Concilium Toletanum 8. Surius Concil. Tom. 2. p. 865, 866. with sundry others (many of whose words you may read in Doctor Crakenthorp's defence of Constantine, p. 169. to 175.) who affirm; That the Emperor or any other King cannot give away any Towns or Territories belonging to their Empire or Kingdoms, contrary to their Oaths and Trusts, they being the Kingdoms not theirs in right. Whence they conclude, Constantine's pretended Donation of Rome, and Italy to the Pope, a mere Nullity. And * Grimston, Imperial history, p. 646, 647. General history of France, p: 576, 577, 578. Francis the first King of France, An. 1525. professed publicly to all the world; That it was not in the power of a French King, to bind himself to the alienation of any Lands, Towns, or Territories belonging to the Crown, without the consent of the general Estates of France, & of his Sovereign Courts and Officers, in whose hands the Authority of the whole Realm remained; And therefore ●e refused to consign the Duchy of Burgoyne to the Emperor Charles the fifth, who had taken him prisoner in the Battle of Pavia, or to release his right to any territories belonging to the Crown of France, though he had sworn to do it to procure his Liberty, alleging that he had no power to do it, without his kingdoms and Parliaments consents. It is true, o 7. E. 4. 17. Dyer. f. 86. 283. b. 1. R. 3. c. 5. our Law-bookes say; That the King cannot be seized of Lands to any private Subjects use, by way of feoffment, because it stands not with his honour to be any private man's feoffee; because no Subpena lieth to force him to execute it, & he is a Corporation: yet he may have the possession of lands in others right, and for their uses (as of p See Rastal Wards, Praerog. Regis c. 9 10. 32. H. 8. c. 46. Br. Idiot. 2. 3. Cook. 4. Rep. f. 126, 127. Wards, Idiots, Lunatics, Bishops during the vacation, and the like) and if he alien these Lands in fee to their prejudice, the q 7 H. 4. 17. b. 21. E. 3. f. 47. 7. E. 4. 17. grant is void in Law, and shall be repealed, as hath been frequently judged; because he possesseth these lands not in his own, but others rights. So the King hath his Crown Lands, revenues, Forts, Ships, Ammunition, Wards, Escheates, not in his own but the Kingdom's right, r 14. E. 3. c. 1. Stat. 2. 5. R. 2. c. 3. 10. R. 2. c. 1. 1. H. 5. c. 9 31. H. 6. c. 7. for its defence and benefit; and though he cannot stand seized to private man's use, yet he may and doth stand seized of the premises to his whole kingdom's use, to whom he is but a public servant, not only in Law but Divinity too, 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72, 73, 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9 8. Secondly, All the Ships, Ammunition, Arms the Parliament hath seized, were purchased not with the Kings, but Kingdom's moneys, for the defence and service of the Kingdom, as the Subsidy Bills and s 12. E. 4. c. 3. 6. H. 8. c. 14. 1 E. 6. c. 1. 3. Mariae c. 18. 1 E. 2. c. 20. 1 jac. c. 23. and the Acts▪ this Parliament. Acts for Tonnage and Poundage, the Kings own t Anno. 1629 p. 44. Declaration, and u Judge Crookes Argument, p. 1. to 6. Writs for Shipmoney attest. If then the representative Body of the kingdom, to prevent the arrival of foreign Forces, and that civil war they then foresaw was like to ensue (and hath experimentally since fallen out even b●yond their fears, and overspread the whole kingdom, to which it threatens ruin;) hath seized, sequestered the kingdom's Ports, Forts, Navy, Ammunition into trusty hands for the Kings and Kingdoms use, to no other end, but that they should not be employed against the King and Parliament by his Majesty's Malignant Counsellors, and outrageous plundering Cavaliers, what indifferent sober man can justly tax them for it? x Speeds hist. p. 1213, 1219, 1220, Cambden Elizabeth, Anno 1601, p. 205, to 209. Queen Elizabeth (and the y 15 H. 6. c. 3 See Master Seldens Mare Clauswn: State of England heretofore) during the Wars with Spain, inhibited the Haunse towns and other foreign Merchants (over whom she had no jurisdiction) to transport any materials for War through the narrow Seas to Spain (though their usual Merchandise to those parts, and the Sea, as they z See Master Seldens Mare Clauswn, & Pontanus answer thereto, & Grotius his Mare lobelin. alleged, was free, for fear they should be turned against our Kingdom, and after notice given, made them prize) for any of her Subjects to seize on. And it is the common policy this day, and anciently of all States whatsoever, to seize on all provisions of War, that are passing by way of Merchandise only towards their enemies, though they have no right or property in them (and to grant letters of Mart to seize them, as we have a 4 H. 6. c. 7, 8 2 R. 2. c. 4. 27 E. 3. c 17. 2 H. 5. c. 6. 4 H. 5. c▪ 7: 18 H. 6. c. 9 20 H. 6. c. 1. 4 E. 4. c. 5 Speeds history p. 1195. Marti●us Laudensis de Repraesaliis, & de Bello, 18 E. 3. c. 8. 3 E. 4. c. 2. usually done) which they plead they may justly do, by the Law of Nature, of Nations, to prevent their own destruction. Much more than may the Houses of Parliament, after the sudden eruption of that horrid Popish rebellion in Ireland, and the fears of a like intestine war from the Malignant Popish Prelatical party in England, expecting Forces, supplies of money and ammunition from foreign parts, seize upon Hull, other Ports, the Navy and Ammunition (the Kingdom's proper goods, provided only for its defence in such times as these) when his Majesty refused to put them into such hands as the kingdom and they might justly confide in, and the contrary Malignant faction plotted to get possession of them to ruin Laws, Lib●rties, Religion, Parliament, Kingdom: And what mischief think you would these have long since done to Parliament and Subjects, had they first gotten them, who have already wrought so much mischief without them, by the Kings own encouragement and command? Doubtless the Parliament being the supreme power, now specially met together and entrusted by the Subjects, to provide for the kingdom's safety, had forfeited not only their discretion, but trust, and betrayed both themselves, their privileges, the Subjects Liberties, Religion, Country, Kingdom; and not only their friends, but enemies would have taxed them of infidelity, simplicity, (that I say not desperate folly) had they not seized what they did, in the season when they did it? which though some at first, imputed only to their overmuch jealousy, yet time hath since sufficiently discovered, that it was only upon substantial reasons of true Christian Policy. Had the Cavaliers and Papists (now in arms) gotten first possession of them, in all probability we had lost our Liberties, Laws, Religion, Parliament long ere this: and those very persons (as wise men conceive) were designed to take possession of them at first (had they not been prevented) without resistance, whom his Majesty now employs to regain them by open wars and violence. It is known to all, that his Majesty had no actual personal possession of Hull, nor any extraordinary officer for him there, before Sir john Hoth●m seized it, but only the Mayor of the Town, elected by the Townsmen, not nominated by the King; neither did Sir john enter it, by order from the Houses, till the King had first commanded the Major and Townsmen (whom he had constantly entrusted before) to deliver Hull up to the Earl of Newcastle, now General of the Popish Northern Army; The first breach then of trust, and cause of jealousy proceeding from the King himself in a very unhappy season; where the quarrel first began, and who is most blame-worthy, let all men judge. If I commit my sword in trust to another's custody for my own defence, and then fear or ●ee that he or some others will murder me with my own weapon, it is neither injury nor disloyalty in me for my own preservation, to seize my own Sword till the danger be past; it is madness or folly not to do it, there being many ancient and late examples for to warrant it; I shall instance in some few. By the b 20 E. 3. Fitz. Aid. 2. & Aid Le Roy. 43. 65 70. 57 71. 76. 93. 98. Ass. 20. 11 H. 4. 26. 2. H 4. 10. 14 H 4. 10. 19 36. 44. E. 3. 16. 44. 21 E 3. 24. 44 Quare In p. Fitz. 62. 68 152 195. Col. 5. 57, 58. l. 7. 19 22 E. 4. 44. 21. H 1. 7. Ash. Alien. 7. Common Law of the Land, whiles Abbeys and Priories remained, when we had any Wars with foreign Nations, it was lawful and usual to seize all the Lands, goods, possessions of Abbots, of Prior's aliens of those Countries▪ during the wars (though they possessed them only in right of their Houses) lest they should contribute any aid, intelligence, assistance to our enemies. Yea it anciently hath been, and now is the common custom of our own and other kingdoms, as soon as any breaches and wars begin, after Proclamation made, to seize and confiscate all the Ships, goods, and estates of those countries and kingdoms with whom they begin war, as are found within their dominions for the present, or shall arrive there afterwards, left the enemies should be aided by them in the Wars, (preventing Physic being as lawful, as useful in politic as natural bodies;) which act is warranted by c 19 E. 4. 6. Magna Cart c. 30, 14 E. 3. c. 2. 27. E. 3. c. 2. 17. 2 R. 2. c. 1. 2 H. 5 c. 6 4 H 5 c. 7 1 H. 6. 3. 18 H. 6 c. 9 See Speeds History p. 1213, 1219, 1220. Magna Charta, with sundry other Statutes quoted in the Margin. And though these seizures were made by the King, in his name only, yet it was by authority of Acts of Parliament, as the public Minister of the Realm, for the kingdom's security, and benefit rather than his own. But to come to more punctual precedents warranted by the supreme Law of Salus Populi, the only reason of the former. d Matthew Paris p. 251. 252. Daniel, Hist. p. 143, 144, 145. Anno Dom, 12●4. upon th● confirmation of the Great Charter and of the Forest by King john, it was agreed, granted and enacted in that Parliamentary assembly▪ at Running-mead▪ that the 25. Baron's then elected for the conservators of those Liberties and Charters, with the Commons of the Land, might distrain and enforce the King (if he violated these Charters, and made no redress thereof within 40. days space after notice) by seizing upon his CASTLES, lands, possessions, and other goods▪ till amends should be made according to their arbitration. And for more certainty, the fou●e Chatelaines (or chief Captains) of the Castles of Northampton, * Cicero de Legibus. Kenelworth, Nottingham, and Scarborough, should be sworn to obey the commandment of the 25. Barons, or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES. Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFUL and OBSERVE THEIR OATH. And upon this accord, Rochester Castle and others, whose custody, of ancient right belonged to the Archbishop of Canterbury, with other Castles appertaining to the Barons, were restored to them by the King; who breaking all his vows & Charters immediately after, (through the Barons and people's supine negligence, overmuch confiding to the King's Oath and confirmations, and fond conceit of holding that by peace which they had recovered by violence from a perfidious King,) in half a years space recovers all the Castles again even to the Borders of Scotland by means of foreign Forces, and a malignant, despicable, domemesticke party, (he having scarce seven Knights faithful to him, being generally forsaken of all) and made him●elfe absolute Master of all England, except the City of London, the Suburbs whereof he burned and sacked, and so tyrannised over his Subjects with fire, and Sword, pillaging them every where. * Matthew Paris, Hist. p, 264, 265. Vastand● omnes domos, & aedificia Baronum divisis agminibus succendebat, spolia cum animalibus rapiebat▪ & de rapina iniquitatis ministros quos habebat nequissimos saginabat, etc. suffici●bat ad ca●sam mortis simplicibus incolis, si aliquid habere credebantur, & qui nihil habebant, fateri habere cogebantur; & qui non habeb at, habere ut persolveret, paenis exquisitis distringebatur. Diseurrebant ●icarii caede humana cruentati, noctivagi, incendiarii, filii Belial strictis ensibus, ut delerent a faci● terrae, ab homine usque ad pecus, omnia ●umanis usibus necessaria, eductisque cultellis villas, domos, caemiteria, ecclesias perlustrabant, omnes spoliabant, ita quidem ut nec muliebri s●xui, nec parvulorum vel decrepitorum par●erent aetati. Et quod consumere non valebant, incendio tradebant, vel despergentes inutile humanis usibus reddebant. Et quos nulla nota premebant, INIMICOS REGIS VOCANTES (si inimici sui appellandi sunt, qui eum ad mansuetudinem & justitiam mansuetam introducere voluerunt) ubicunque reperiebantur, raptim trahebantur in ●arcerem paenalem, vinculis mancipati, & tandem ad gravissimam coacti redemptionem, etc. (A true Character of our times, and plundering barbarous Cavaliers:) which so far exasperated the Barons and people, that they elected another King. But the end for which I cite this precedent is, to manifest, that the Lords and Commons in that age, did not think the Kings own Charter, Promise, Protestations, Oaths, Proclamations, the Bishops and Pope's solemn excommunications, and those 25. new Conservators, a sufficiant security to preserve their Laws and Liberties against the invasions of an, unconstant, wilful foedifragous' King, unless they had the Power and Command of his chief Castles and the Militia added to them; which we see through overmuch security, and want of vigilancy, were all too little to preserve their Liberties against an unconstant oppressing Prince, whose oaths and protestations were but like e judges 16. 8. 9 11. 12. Sampsons' cords, broken all to pieces like a thread in a moment, by those who had Sampsons' strength. King Henry the third was no whit inferior to his father john, in unconstancy, and perfidiousness to his Subjects, with whom when he had oft broken his faith and solemn oaths, the f Math. Paris p. 940. to 965. Grafron, p. 138. 154. Speed, p. 634. to 642. Fabian Part. 7. f 70 to 99 Matthew Westminster, Holin. s●ead, and Daniel in his life. Lords and Barons (having no other means of security, left to preserve their Laws, Liberties, kingdom from vassalage and destruction, or to enforce the King to keep those ordinances which he had made and sworn to observe in a Parliament at Oxford but few years before; all which he laboured to rescind, having procured a dispensation of his Oath from the Pope to colour his perjury;) in the year 1260. appointed new Sheriffs and Guardians of Shires, discharging such as the King had before admitted, and raising a strong power in the Marches of Wales, sent a Letter to the King under the Seal of Sir Roger Clifford, beseeching him to have in remembrance the Oath and promises he had made, f●r the observing of the Statutes enacted at Oxford, with other Ordinances made to the honour of God, for faith and allegiance to his person, and for the weal and profit of his Realm; willing him further to withstand and defy all such persons, as will be against the said acts, saving the Queen and her children. After which letter sent, and no answer to it received; the Barons with banners displayed, went against such Malignants as they knew held against those Acts. And first at Hereford, they took the Bishop and all his Canons who were aliens borne, taking away their money and cattle, and plundering their houses and manors. And marching towards London, much people fiocking to them, in their passage, ever as they found any that they knew to be against the maintenance of the said Acts, they imprisoned them and spoilt their houses, were they spiritual or temporal men: furnished the especial Fortresses of the kingdom with Guardians of their own, and in DIVERS OF THE KING'S CASTLES THEY SET IN SUCH MEN AS THEY LIKED, and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE; and gave them an Oath, that they would be true and faithful to the King, and keep those Castles TO HIS USE, and TO THE WEAL OF THE REALM. And when William de Valens denied with oaths to render up any Castle which was given him, by the King (his brother) to keep; the Earl of Leycester and the rest of the Barons answered; they would either have his Castles or his head: which so terrified the Poictovines, that they left Oxford and their Castles to the Barons, and fled into France. Which g Mat. Paris, p 96●. Matth. Westm. An. 1161 p. 366. 307. Castles when the King and Lords were accorded, together with the Castles of Dover (Nec Regi ablatum nec vetitum, sed tanquam clavis totius Regni, custodiae esset diligentiori a Baronibus deputatum) and the Castle of Rochester and others were readily delivered up by the Barons to the King, qui ubique liberum invenit introitum, & exitum juxt● vota; & tun● primo Rex sensit se falsis deceptionibus circumventum, & Baronum suorum fidelitate, ubique lic●t ignoranter suffultum; and then the King first found he was circumvented with false reports of the Baron's disloyalty, who so willingly restored his Castles to him, when those storms were blown over; though he made but ill use of it, & took occasion thence openly to recede from his Oath; whereupon they reseised these Castles for their safety. About Midsummer the Barons drawing near to London, sent a Letter to the Mayor and Aldermen requiring to know of them, Whether they would observe and maintain the Statutes made at Oxford; or not? or aid and assist su●h persons as intended the breach of the same? and sent unto them a Copy of the said Acts; with a proviso, that if there were any of them, that should seem to be hurtful to the Realm or Commonweal of the same, that they then by discreet persons of the land should be altered and amended: Which Copy the Mayor bore unto the King then at the Tower of London with the Queen and other great persons. Then the King intending to know the mind of the City, asked the Mayor, What he thought of those Acts? who abashed with that question, besought the King, That he might commune with his Brothers the Aldermen, and then he w●uld declare unto him both his and their opinions. But the King said, He would hear his advice without more Counsel. Then the Mayor boldly said, That before times, he with his Brethren and commonalty of the City, by his commandment were sworn to maintain all Acts made to the honour of God, to the faith of the King, and profit of the Realm; which Oath by his licence and most gracious favour they intended to observe and keep. And moreover, to avoid all occasions that might grow of grudge and variance between his Grace and the Barons in the City, they would avoid all aliens and strangers out of it. (as they soon after did) if his Grace were so contented. With▪ which Answer the King seemed to be pleased, so that the Mayor with his favour departed, and he and the Citizens sent answer to the Barons, that they condescended to those acts, binding themselves thereunto under the public Seal of London, their Liberties always upholded and saved. Then the Barons entered the City, and shortly after the King with his Queen and other of his Counsel, returned to Westminster. * Mat. Paris, p. 961. Da● hist. p. 179. 180. Mat. Westm. An. 1263. p. 311. 316. Anno 1264. (the 48. of Henry the third) the King made his peace with the Barons then in Arms, upon these terms: That ALL THE CASTLES OF THE KING, throughout England, should be delivered TO THE KEEPING OF THE BARONS: the Provisions of Oxford be inviolably observed; and all Strangers by ● certain time avoided the kingdom, except such as by a general consent, should be held faithful and profitable for the same: Whereupon the Barons took possession of most of the Castles by agreement, or violence where they found resistance, as they did in many places. And by the CONSENT of THE KING and BARONS, Sir Hugh le Spenser was made Chief Justice and keeper of the Tower. This done at London; the Barons departed to Windsor to see the guiding of that Castle, where they put out those aliens, whom Sir Edward the King's Son had before put in, and put other Officers in their places; spoiling them of such goods as they had. Who complaining thereof to the King, he put them off for that season. After which they reseised Dover Castle, and made Richard de Grace, a valiant and faithful man, Constable of it; who searching all passengers that came thither, very strictly, found great store of Treasure, which was to be secretly conveyed to the Poictovines, which he seized, and it was employed by the Baron's appointment, upon the profitable uses of the Realm. The year following, the Commons of London chose Thomas Fitz-Thomas for their Mayor, and without consent of the Aldermen, swore him at the Guild-hall, without presenting him the next day to the King or Barons of the Exchequer. For which the King was grievously discontented; and being advertised that the Citizens took part with the Barons, caused his Son Edward to take the Castle of Windsor by a train; to which the King and Lords of his party repaired. And the other Lords and Knights with great Forces drew towards London; but by mediation of friends, there was a peace concluded, and the differences were referred to the French King (and his PARLIAMENT as * Theatre of honour, l. 2. c. 12. p 185, 186. Andrew Favine records out of Rishanger) to end. Who giving express sentence that all the Acts of Oxenford, should from thenceforth be utterly forborn and annulled: The Barons discontented with this partial sentence, departed into the Marches of Wales; where raising Forces, they seized on many Towns and Castles of the Kings, and Prince Edward going against them, was sore distressed and almost taken. Hereupon to end these differences, a new Parliament was appointed at Oxford; which took no effect, Nota. Because when the King had yielded the Statutes of Oxford should stand, the Queen was as utterly against it; whose opposition in this point being known to the Londoners, the base sort of people were so enraged, that she being to shoot the Bridge from the Tower, towards Windsor, they with darts, stones, and villainous words, forced her to return. After which, the Lords sending a Letter to the King, to beseech him not to believe the ill reports of some evil Counsellors about him, touching their loyalty and honest intentions; were answered with two Letters of defiance. Upon which ensued the bloody battle of Lewis in Sussex, in which the King and his Son, with 25. Barons and Baronet's, were taken prisoners, & twenty thousand of the Commons slain. Richard King of Romans, the King's Brother was likewise taken prisoner in this Battle, h M●t. Paris, p. 152, 153. Sp. p. 636. who a little before coming over into England with some Forces to aid his Brother, the Barons hearing thereof caused all the Ships and Galleys of the Cinqueports and other places to meet together armed to resist him by Sea, and sent horse and foot to withstand him by Land if he arrived: Which Richard having intelligence of, disbanded his Forces; and sent word to the Barons, that he would take an Oath to observe the Articles and Statutes made at Oxenford: whereupon he was permitted to land at Dover with a small Train, whither King Henry went to mee● him. But the Barons would not suffer this King, nor any of his Train to enter into Dover Castle, because he had not taken his Oath to observe the foresaid Statutes; nor yet the King of England to go into it (for fear of surprisal) because it was the principal Bulwark of England; (the Barons then having both it and all the Cinqueports in their Custody to secure the kingdom from danger) Neither would they permit King Richard to go on towards London, till he had taken the Oath * Part 1. p. 8. forementioned. After this battle all the prisoners were sent to several prisons, except the two Kings and Prince Edward, whom the Barons brought with them to London; where a new Grant was made by the King, that the said Statutes should stand in strength: and if any were thought unreasonable, they to be amended by four Noblemen of the Realm: and if they could not agree, than the Earl of Angiou, and Duke of Burgoin to be judges of the matter: And this to be firmly holden and obeyed by both the Kings; who granted that both their Sons and Heirs should remain as Prisoners, and Hostages with the Barons, till all things were finished according to this agreement. Upon which a Peace was proclaimed in London between the King and his Barons. Then it was agreed by the King, that for his more surety and the weal of the Land, the Earl of Leycester should be resient in his Court; Upon which agreement, many of the Prisoners were set at large. In the mean while, before the battle of Lewis, the Queen and King of Romans, had sent over-sea for Soldiers, to aid the King against the Barons, which now were come in great number unto Dover, and there hovered on the Sea to have landed. Whereof the Barons hearing, they sent the King of Romans as Prisoner to Ba●khamsted, until the said Almains were returned, and caused King Henry with a great power to ride to Dover, and force the said Host of strangers to return unto their Countries. After which by the counsel of the Lords, a Parliament was agreed and held at Westminster, wherein a general Pardon was granted to all Lords and their adherents, for any matter of displeasure done to the King or his Son Prince Edward before that day; which to uphold, the King and he took a solemn Oath before the Lords; and it was further agreed, That the Prince should reside in the King's Court, and not depart thence without licence of the King and of certain Barons. Then were many instruments and bonds made by the King and Prince, for the performance of sundry Covenants between the King and Barons; which shortly after took small effect, and begat new wars; this Kings fresh breaches of Oaths, and promises, procuring him always new insurrections and forced Parliaments, which the Barons constrained him to call and hold, against his will. How the Lords and Parliament oft seized upon the Castles, Forts, Ammunition in King Edward the second, and Richard the seconds Reigns, when differences grew between them, I have already in part remembered, and you may read the residue in the Histories of their lives. In i Hals Chron. An. 33. 39 H. 6. f. 168. to 176. Stow & H●wes Chron. Edit. ult. p. 400. 404. Grafton p. 627▪ 628, etc. Speed p. 855. 856, 857▪ Fa●ian part 7. p 458, to 468. the 33. year of King Henry the sixth his Reign, the valiant Earl of Warwick, was made Captain of Calais by the Parliament; a place of great honour and trust in those days; by virtue whereof, all the warlike affairs and business, rested principally in the Earl of Warwick: After which the Queen (an ambitious stirring woman) to break the peace newly made and ratified by oath, between the King, Lords, and Duke of York, (created Lord Protector by the Parliament) caused a fray to be made on the Earl men, which produced a war and bloody battle, wherein the Earl gained the field. Whereupon the King displeased with the Earl, by his Letters Patents, gra●ted the Captainship of Caleyes to john Duke of Summerset; who going over to Caleyes, in the 38. year of King Henry, to take possession of his place; showed his Patent to the Earl, who refused to resign his place, answering, that he was put into it by the Parliament, and so could not be outed of it but by Parliament; and kept the Duke forth of the Town; who being thus expelled from his office, after some skirmishes with the Earl's Garrison, (wherein the Duke had the worst) he sent over to the King and Queen for aid, in defence of this quarrel; whereupon they provided 400. warlike persons to pass the Seas for his aid, and ships to transport them: who lying at Sandwich for a wind; the Earl of Warwick being therewith acquainted, sent john Dingham a valiant Esquire, with a small number of men, but a multitude of courageous hearts to Sandwich; who suddenly entered the same, took the Lord Rivers and his Son (who commanded those Soldiers) in their beds, pillaged some houses and ships, and besides this, took the principal ships of the King's Navy then lying at the Port well furnished with ordnance and artillery (through the favour of the Mariners, who favoured the Earl most) and brought the royal ships loaden with booty and prisoners to Caleyes; With these ships the Earl after passed to the Duke of York into Ireland, and afterwards into England, where the Duke of York in full Parliament laid claim to the Crown, which his Son after obtained, deposing King Henry, as having no lawful Title thereunto. I recite not this Story to justify all particulars of it, but only to prove, That the Parliament in those times, had the conferring of Captain's places of greatest trust, who had the command of the Militia; and that, as this Earl in policy only, for his own safety, seized on the King's royal ships, and Ammunition, in which he had no right; so by the same reason, the Parliament may dispose of such places of Military trust in these times of danger, and of the Navy and Ammunition of the kingdom, in which they have a real interest, for the kingdom's safety and their own. k 5 H. 7. b. Bar. 141. 22. E. 4. 35. b. Bar. 202. Br. Fitz. Imprisonment, 6. 12. & Hist. 3. Compto de Pace, f 97. 98. 113, 114. 132. 1 c. 38. 7 R. 2. c 6. 13 H. 4. c. 72. H. 5. c. 6. 8. 5 R. 2 c 5. 17 R. 2. c. 8. 19 H. Act. 7. c. 13. 3 E. 6. c. 5. 1 Maria c. 12. A Sheriff, justice, Constable, and other Officers, by the Common and Statute Law of the Land, may and aught to disarm and seize any man's weapons whatsoever, and imprison his person for a time, when by act, or apparent intention only, he shall but disturb the peace, or make any Fray, Rout, or Riot, to the annoyance of the people, till the tumult and danger be past, and the peace secured. Much more than may the highest Sovereign Court of Parliament, seize the Forts, Arms, Navy, Ammunition of the Realm, (in which they have real interest) and secure them for a season, to preserve the whole kingdom's Peace, and prevent a civil War, without any injury to his Majesty, till all fears of war and danger be removed Not to trouble you long with foreign histories of this Nature; in the Roman state the l Livi. Hist. l. 1. 2. 4. Polybius, Hist. l. 6. Dionys. Hal. l. 2. c. 2. Body's Commonweal l. 1. c. 10. l. 5. See the Appendix. chief power of making war or peace, of ordering of the Militia and disposing of the custody of Castles, Forts, Ammunition was in the Senate and people, not the King or Emperor; as it is in Germany, and most foreign States and kingdoms, at this day; without any diminution to those Kings and Princes just prerogatives. It is the determination of the prime Politician m Poli●. l. 3. c. 11. Aristotle (seconded by n De Rege & Regis Instit. l. 1. c. 8, 9 john Mariana and others) that in lawful kingdoms the chief strength & power of the Militia ought to reside in the kingdom's hands; not Kings, who ought to have only such a moderate power and guard of men, as may suffice to suppress riots, and maintain the Authority of the Laws; but not so great a force as may master all his kingdom, * Bodin. Commonweal, l. 5. c. 5. lest he become a tyrant, and his Subjects slaves. In the kingdom of Arragon in Spain (as I read in * Arragonensium Rerum Commentar p. 588, 589. 723. Hieronymus Blanca) there is a notable fundamental ancient Law, (made about the year of Christ 842. by their Suprarbiense Forum, now commonly styled, justitia Arrogoniae during the Interregnum, to preserve their Country's Liberties, to keep their King's power within due bounds of royalty, and prevent a tyranny, with divers other Laws of this nature, which their Kings solemnly swear to observe, before they are crowned) the words of which law are these, The King shall take heed that he neither undertake war, nor conclude peace, nor make truce, nor handle any thing of great moment, but by the advice and consent of the Elders: to wit, the justitia Arragoniae, the standing Parliament of that kingdom, which hath power over and above the King. And of later days (as the same * Ibid. p. 724. Author writes) their Rici-homines, (or selected Peers appointed by that kingdom, not the King) have all the charges and offices both of war and peace lying on their necks, and the command of the Militia of the kingdom; which they have power by their Laws to raise, even against their King himself, in case he invade their Laws or Liberties; as he there manifests at large. So in * Foris & in castris summum Imperium summam rerum bellicarum administ ratienem obtinet, etc. Hungary, the great Palatine of Hungary, the greatest officer of that kingdom, and the King's Lieutenant General, who commands the Militia of that Realm, is chosen by the Parliament and Estates of that country, not the King. It was provided by the Laws of the * Nicholaus Isthuanfus de Rebus Vngar. Hist. l. 6. f. 84, 85. Bodins Commonweal, l. 1. c. 10. p. 167. Livy, Rom. Hist. l. 31. 35. Bodin. Commonweal, l. 3. c. 1. Aetolians, that nothing should be entreated of CONCERNING PEACE OR WAR, but in their Panaetolio, or great general Council of state: in which all Ambassadors were heard and answered; as they were likewise in the Roman Senate. And * Bodin Ibid. Charles the fifth of France, having a purpose to drive all the Englishmen out of France and Aquitain, assembled a general assembly of the estates in a Parliament at Paris, by their advice and wisdom to amend what by himself had not been wisely done or considered of, and so undertook that war with the counsel and good liking of the Nobility and people whose help he was to use therein: which war being in and by that Council decreed, prospered in his hand; and took good success as Bodin notes; because nothing giveth greater credit and authority to any public undertake of a Prince and people in any State or Commonweal, then to have them pass and ratified by public advice and consent. Yea the great * Bodins l. 1. c. 10. Constable of France, who hath the government of the King's Sword, the Army, and Militia of France, was anciently * Matthew Paris Hist. Angliae p. 835. chosen by the great Council of the three Estates & Parliament of that kingdom; as is manifest by their election of Arthur Duke of Britain to that office, Anno 1324. before which, Anno 1253. they elected the * Earl of Leycester a valiant Soldier and experienced wise man, to be the grand Seneschal of France, ad consulendum regno desolato, & multum desperato, quia strenuus fuit & fidelis; which office he refused, lest he should seem a Traitor to Henry the third of England, under whom he had been governor of Gascoigne, which place he gave over for want of pay. In brief, the late examples of the o Dinothi Historia, Sleidan l. 8. 18. 22: Grimston Imperial History, in Rodulph 2. and Ferdinand▪ the second. Protestant Princes in Germany, France, Bohemia, the Low countries, and of our brethren in Scotland within four years' last, who seized all the King's Forts, Ports, Arms, Ammunition, Revenues in Scotland, and some Towns in England to preserve their Laws, Liberties, Religion, Estates, and Country from destruction, by common consent, (without any Ordinance of both Houses in their Parliament) will both excuse, and justify all the Acts of this nature, done by express Ordinances of this Parliament; which being the Sovereign highest power in the Realm, entrusted with the kingdom's safety; may put the Ports, Forts, Navy, Ammunition (which the King himself cannot manage in person, but by substitutes) into such under Officers hands, as shall both preserve and rightly employ them for the King and kingdom's safety, and elect the Commanders of the Militia according to the express letter of King Edward the Confessors Laws (which our Kings at their Coronations were still sworn to maintain) wherewith I shall in a manner conclude, the Legal part of the Subjects right to elect the Commanders of the Militia, both by Sea and Land. * Lambard, Archaion, f. 135 De Heretochiis. Erant & aliae potestates & dignitates per provincias & patrias universas & per singulos Comitatus totius regni constitutea, qui Heretochii apud Anglos vocabantur; Scilicet, Barones, Nobiles, & insignes, sapientes & fideles, & animosi; Latin vero dicebantur Ductores exercitus; apud Gallos', Capitales Constabularii, vel Mar●scha●li Exercitus. Illi vero ordinabant acies densissimas in praeliis, & a●as constituebant, prout decuit, & prout iis melius visum fuit, ad Honorem Coronae, ET AD UTILITATEM REGNI. Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI, PER PROVINCIAS ET PATRIAS UNIVERSAS, ET PER SINGULOS COMITATUS (so as the King had the choice of them in no Province or Country, but the Parliament and people only) in pleno Folcmote. SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT. Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui, juxta praeceptum Domini Regis, ad honorem Coronae, & UTILITATEM REGNI praedicti, semper cum opus adfuerit in Regno. Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI, VEL TERRESTRI (by which it is evident these popular Heretochs commanded the Militia of the Realm both by Sea and Land, and might execute Martial Law in times of war) perdat omne quod suum est, & suam ipsius vitam, & manus mittat Dominus ad terram quam ei antea dederat. Et qui in bello ante Dominum suum ceciderit, sit hoc in terra, sit alibi, sint ei relevationes condonatae; & habeant Haeredes ejus pecuniam & terramejus sine aliqua diminutione, & recte dividant inter se. An unanswerable evidence for the kingdoms and Parliaments interest in the Militia, enough to satisfy all men. To which I shall only add that observation of the learned Antiquary Sir Henry Spelman in his * P. 232 348, 349. Glossarium; Title Dux, and Heretochius; (where he citys this Law of King Edward) That the Heretoch was Magister Militiae, Constabularius, Mariscallus, DUCTOR EXERCITUS, SIVE NAVALIS, SIVE TERRESTRIS; called in Saxon * See Master Seldens Titles of Honour, p. 605. Heretoga: ab Here, Exercitus, & Togen, Ducere. Eligebantur in pleno Folcmote, hoc est, non in illo sub initio ea●endarum Maii, at in alio sub capite Calendarum Octobris. Aderant tune ipsi Heretochii, & QUAE VOLUERE, IMPERABANT EXEQUENDA; consulto tamen PROCERUM COETU, ET JUDICIO TOTIUS FOLCMOTI APPROBANTE. Then he subjoins POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO, nostris Saxonibus cum Germanis aliis COMMUNIS FUIT: Vt in Boiorum ll. videas, Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum, quent Rex ordinavit, in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM, de morte Ducis consiliatus fuerit, in Ducis sit potestate, etc. Hue videtur pertinere quod apud Greg. Turon. legas l. 8. Sect. 18. Wintro Dux à Pagensibus suis depulsus Ducatu caruit, etc. sed posteà pacato populo Ducatum recepit: Eigebantur enim interdum Provinciarum Deuces AB IPSO POPULO. In the * Bodins Commonweal, l. 3. c. 1. p. 273. Roman State, the Senate, and some times the people alone, without their advice, had power to appoint Lieutenants and Governors of Provinces; whence the * Grimstones Imperial Hist. p. 171. Senate commanded those Governors of Provinces whom the Emperor Maximinus had made to be displaced, and others to be substituted in their rooms, which was accordingly executed: yea * Bodin Com. l. 3. c. 1. p. 273. the Senate had power to dispose of the common Treasure, and public reventue, one of the greatest points of Soveraingty. And so we read in Scripture, judges 11. 5. to 12. That when the children of Ammon made war against Israel, the Elders of Gilead went to fetch jephthah out of the land of Tob. And they said unto jephthah, Come and be our Captain, that we may fight with the Children of Ammon, etc. Then jephthah went with the Elders of Gilead, and THE PEOPLE MADE HIM HEAD and CAPTAIN OVERDO THEM: the Princes and people, even under Kings themselves. having the chief disposing power of the Militia and denouncing war, as is evident by josh. 22. 11. to 32. judges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2, 3, 4. c. 19 1. to 9 Prov. 20. 18. c. 24. 6. compared together. And for a close of all, lest any should object, that no late direct precedent can be produced to prove the office of the Lord Admiral, and custody of the Seas disposed by Parliament, I shall conclude with one punctual precedent of many. In 24. H. 6. prima Pars Pat. ma. 16. The King grants to john Duke of Exeter, the OFFICE OF ADMIRAL OF ENGLAND, IRELAND and AQUITAIN, with this subscription, Per breve de privato sigillo, AUCTORITATE PARLIAMENTI, the former Patent of this office made jointly to him and his son by the King alone, in the 14. year of his reign, being surrendered in the Parliament of 24. and a new one granted them by its direction and authority. Yea most of the Admiral's Patents (which anciently were not universal for all England, but several for such and such parts only, and commonly but annual or triennuall at most) as Sir Henry Spelman observes in his Glossary, in the word Admirallus, where you have an exact Calendar of all the Admiral's names, with the dates of their several Patents and Commissions, are DE AVISAMENTO ET ASSENSU CONSILII; which is almost as usually taken for the King's * Cooks instit. on Lit. f. 110. Cambdens Brit. p. 177 Holinsheds Description of England c. 8. p. 113. and Annals of Ireland, p. 120. to 130. Brooke, Crompton, Cowel, Minshew Tit. Parlem. Sir Thomas smith's Commonwealth. l. 2. c. 1. 2. great Counsel, the Parliament, as for his privy Counsel. And if our Kings have constantly disposed of this Office by the advice or assent of their privy Counsel, there is more reason and equity they should do it by the advice of their great Counsel, of which his privy Counsel are but a part, and by whom they have frequently been elected, as I shall plentifully manifest in the next objection. Now, whereas some pretend, that the Parliaments seizing and detaining of the King's Castles, Ports, Ships, Arms and Ammunition is High Treason, within the Statute of 25 Ed. 3. c. 3. and a levying of war against the King. Object. I answer, Answ. first; that the Parliament was never within the meaning, nor letter of that, or any other Act concerning Treasons, as I have formerly proved; the rather because the King is a member of it, and so should commit Treason against himself, which were absurd. Secondly, because both Houses are of greater authority than the King, (a member of them as they make one Court) & so cannot commit Treason against the less. Thirdly, the Parliament is a mere p 14 H. 8. f. 3. b. Corporation and Court of justice, and so not capable of the guilt of Treason: A Judge, Maior, or particular persons of a Corporation may be culpable of high Treason, as private men, but not a Court of justice, or Corporation. * See Littleton, Sect. 297. 314. 323. & Cooks Instit. Ibidem. Fourthly, by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons, not within the very letter of that act; and if any other case supposed Treason, not there specified, happens before any justices, the justice shall tarry without any going to judgement of the Treason, till the cause be shown and declared before the King and his Parliament, whether it ought to be judged Treason. And if the Parliament be the sole Judge of all Treasons, it cannot be guilty of Treason, for than it should be both Judge and Delinquent; and if so, no doubt it would ever acquit itself of such a crime as High Treason, and never give judgement against itself. And no Judge or person else can arraign or judge it, or the members of it, because it is the highest sovereign Court, over which no other person or Court whatsoever hath any the least jurisdiction: So that if it were capable of the guilt of Treason, yet it could not be arraigned or judged for it, having no superior or adequate Tribunal to arraign it. Fiftly, admit it might be guilty of High Treason in other cases, yet it cannot be so in this. For having a joint interest with the King in the premises in the Kingdom's right, (the sole propriator of them) it cannot doubtless be guilty of treachery, much less of High Treason for taking the custody and possession only of that which is their own; especially when they both seize and detain it for its own proper use, the Kingdom's security and defence; without any malicious or traitorous intention against King or kingdom. Secondly, I answer, that the seizing or detaining of these from the King are no Treason, or levying of War within this Law, as is most evident by the Statutes of 6. Ed. 6. c. 11. which expressly distinguisheth, the seizing and detaining of the King's Forts, Ammunition, Ships, from the levying war against the King in his Realm, and by an express new clause, enacts this seizing and detaining to be High Treason from that time, because it was no Treason within 25. Ed. 3. before, which if it had been in truth, this new clause had been superfluous; which law of King Edward being repealed by primo Mariae, Rastal Treason, 20. this offence than ceased to be Treason: whereupon by a special act of Parliament in 14 Eliz. c. 1. it was made High Treason again, (which had been needless, if it had been a levying of war, or Treason within 25. Ed. 3. before.) And that with this proviso, this Act to endure during the Queen's Majesty's life that now is, ONLY; and so by this Parliaments resolution, it is no Treason since her death, within 25 Ed. 3 for then this proviso had been idle and repugnant too. And therefore being now no High Treason in any person, cannot without much calumny and injury be reputed Treason in both the Houses of Parliament, uncapable of High Treason, as the premises demonstrate. In brief, he that seized and detained the Forts and Ships of the kingdom, when it was Treason, was not a bare Traitor against the King's person or Crown only, but against the King and his Realm too, like those Traitors, mentioned in the several statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALM: and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALM, As the Gunpowder Traitors were to the Parliament and Realm in them, being the representative Body of the Realm: the Parliament then being the Realm representatively and authoritatively too, and so the party against whom this Treason is principally to be committed, cannot be a Traitor to itself, by the words or intendment of any expired Act which made such a seizure or detainer Treason. And therefore those Lawyers, who pronounce this Parliaments seizing and detaining of the Ports, Forts, Navy, Arms, or Ammunition of the Realm to keep them out of worse hands, for the Kings and kingdoms right use and safety, to be High Treason declare themselves Greater Malignants than Artists in their own profession. But some body (say Malignants and Royalists) must be trusted with the Militia, Object. Ports, Navy, Arms, Ammunition; and who so fit to be confided in as the King himself, and those whom he shall appoint? Especially since he and his own substitutes, have formerly been entrusted with them by the kingdom; and we have now so many deep * See all his Majesty's late Proclamations, Protestations, and printed Declarations of this nature. Protestations, yea public printed Asseverations and Promises from his Majesty, to maintain the Protestant Religion, our Laws, Liberties, Properties, Parliaments, with their just Privileges; and shall we not believe and trust his Majesty after so many royal assurances, seconded with many Acts of grace for the public safety already passed by him in this Parliament? especially the Acts against Shipmoney, and all other unlawful Taxes; with the Bills for the continuance of this, and calling of a Triennial Parliament, when this shall be determined? Shall we yet be diffident of his Majesty's sincerity after so many Protestations, Promises, Imprecations; so many Pledges of his gracious affection to his people, and some public acknowledgements of his former misgovernment and invasions on his Subjects Liberties? If all these Warrants will not content the Parliament, and persuade them to resign up all the premises they have seized into his Majesty's hand, to purchase the kingdoms much desired necessary Peace, and put a period to our destructive war (in which there is nought but certain ruin) what other security can his Majesty give or they expect? To answer Answ. this plausible allegation, I shall without prejudice to other men's judgements, crave liberty to discharge my own and others thoughts in this particular, in which if I chance to err (out of overmuch zeal to my country's safety) I shall upon the first discovery profess a recantation; though for the present, * Seneca de Clementia, l. ●. c. 2. Maluerim veris offendere, quam placere adulando. I shall reduce the sum of the answer to these two heads; First, that as the state of things now stands, it will be (as many wise men conceive) not only inconvenient, but dangerous, to resign up the Militia, Forts, Ports, Navy, Ammunition of the kingdom into his Majesty's sole disposing power, and those hands which himself alone shall appoint and confide in, till things be throughly reform and settled both here and in Ireland, and the Popish prevailing party in both kingdoms (now strongly up in arms) totally suppressed and secured. Secondly, That till this be effected, it is more reasonable and safe, both for King and kingdom, that these should remain in the Parliaments hands, then in the Kings alone. For the first, there are these three general reasons, commonly alleged by many understanding men, equally affected to either party, and by most who are cordially inclined to the Parliament, why they deem it not only inconvenient, but perilous, to intrust the premises wholly with the King, and those of his appointment, as our condition now stands. First, See the Remonstrance of the Lords and Commons Novem. 2. 1642. a more than probable long-since resolved design in his Majesty's evil Counsellors, to make him an absolute Sovereign Monarch, and his Subjects as mere vassals, as those of France; which design hath been carried on with an high hand from the beginning of his Reign till this present, as the Parliament in * Anno 1641, & 1642. sundry Declarations prove, yea divers * Lord Faulkland, L. Seymor, L. Digbey, L. Savil, Sir Io. Culpepper, Sir Edward Deering, Mr. Holborn, Mr. Hide, etc. Lords and Members of both Houses, though now with his Majesty, in their Parliamentary Speeches, have openly professed; which they thus demonstrate. First, by his Majesty's several attempts against the Privileges, Power, and very being of Parliaments; manifested by the proceedings against Sir john Eliot, Mr. Hollice, Mr. Strode, Mr. Long, and others, after the Parliament in 3. Caroli; and the Lord Say, Mr. Crew, with others after the last Parliament before this: By his Majesty's sad ominous breaking off in discontent, all Parliaments in his Reign (unparallelled in any age or kingdom) till this present; which though perpetuated by a special Act, as long as Both Houses please, hath yet long since been attempted to be dissolved like the former, by his Majesty's accusation, and personal coming into the Commons House with an extraordinary Guard of armed men attending him, to demand five principal members of it, to be delivered up to his hands as Traitors, in an unpatterned manner. By his wilful departure from, and refusal to return unto the Parliament, though oft petitioned and solicited to return; which is so much the more observed and complained of, because his Majesty (if not his Royal Consort and the Prince too) was constantly present in person every day this Parliament (for sundry weeks together) at the arraignment of the Earl of Strafford for high Treason, in a private manner, when by Law he ought not to be personally present in a public; to countenance and encourage a capital Oppressor, and Traitorous Delinquent against all his three kingdoms, contrary to both House's approbation; And yet now peremptorily denyeth to be present with or near his Parliament, to countenance and assist it for the preservation of his kingdoms against such Traitors, Rebels, conspirators, who have contrived and attempted their utter desolation, in pursuance of his foreplotted designs; By his commanding divers Lords and Commons to desert the Houses, and attend his Person without the Houses consent, detaining them still * See the Parliaments Remonstrance, Nou. 2. 1642. when the Houses have sent for them: and protecting those who refused to return, against the common justice of the Parliament: by casting divers gross aspersions on it, and naming it, A faction of Malignant, ambitious spirits, no Parliament at all, etc. By raising an Army of Delinquents, Malignants, Papists, Forainers, to conquer and suppress the Parliament, and deprive it of its Liberties; By proclaiming divers active Members of it, (specially employed by Both Houses, for the defence of their several Counties) Traitors, only for executing the Houses commands, without any Indictment, Evidence, Conviction, against all Law, Justice, and the Privileges of Parliament: By commanding, detaining the Lord Keeper of the Great Seal, (the Speaker of the Lords House) and some Judges from the House and City: By plundering divers Parliament men's houses, imprisoning their persons without Bail, Maineprise, or Redemption, and laying intolerable taxations on their estates: By Declaring both Houses Traitors, if not in positive, yet at least in equivalent words, and by necessary consequence: By divers unparallelled violations of the Parliaments Privileges by extrajudicial Declarations out of Parliament, penned by Malignants in his Majesty's name, and avowed by him, published of purpose to oppose, annul, reverse the solemn legal Resolutions, Declarations, and Votes of both Houses in sundry cases, and by name that against the Commission of Array: And finally by the manifold invectives in several his Majesty's Declarations, and Proclamations against the Parliaments Votes, Proceedings, Members; seconded with express commands, and invitations to the People, to * Quid potest ab co quisquam sperare, quem malum esse docuit: Non diu paret nequitia, nec quantum jubetur, peccat. Sen. de Clem. l. 2. c. 26. Contemn its authority, and disobey all its Orders made without his personal consent; which is indeed nought else, but to nullify Parliaments, to make them altogether contemptible, ridiculous, and trample them under feet; and hath wrought a strong malignity, disobedience, if not disaffection, in many people to Parliaments, to the end they may never desire or enjoy them hereafter, notwithstanding the Act for triennial Parliaments, when this is once dissolved. All these unparallelled, apparent high attempts against the very honour, essence, of this, and all other future Parliaments, (transcending both for quantity and quality all the violations of Parliaments Privileges, in all his Majesty's Predecessors Reigns, since England was a kingdom, summed up in one;) together with the late Oxford Propositions for an Accommodation; wherein the Houses final Resolutions, Declaring what is Law, are called illegal, and required to be reversed; the power of imprisoning and fining men denied, and prostituted to the censures, Writs, and Examinations of inferior Courts, by way of Habeas Corpus; the * See. Br. Parl. 7. Dyer 60. a. Cromptons' Iurisdict●f. 16. a. just expulsions of their own Members denied them; all high Violations and denials of the known privileges of Parliament, contrary to his Majesties many former, and late Printed Protestations, and those Acts newly passed concerning Parliaments, (which will never recover their pristine dignity, honour, power, privileges, if this should miscarry;) induce the most intelligent to opine, that his Majesty, long since weary of the yoke of all Parliaments, (the only Remora to his absolute intended Monarchy) and repenting of the Act for continuing this, since he hath gained his ends for which it was summoned, (more out of absolute necessity than love to Parliaments) to wit, peace with the Scots, for the present, by an Accommodation, wrought by this Parliament, & purchased with his Subject's money, when as he saw no hopes of repelling them hence by force; & the paying of his then raised Army against them by the Parliaments free supply: is now resolved (in prosecution of his pristine Counsels) by force or policy to dissolve this Parliament in discontent, as he hath done all former, and that with such advantages of a general ill opinion of Parliaments in the ignorant misinformed vulgar on the one hand, and of a prevailing conquering power on his part on the other hand, as shall either utterly extinguish the hopes and Bill of summoning any future triennial Parliamentary Assemblies, or at least so emasculate the vigour, and eclipse the power of them, if called; that they shall neither have courage, nor might, nor means to resist his foresaid grand design, if he can now either by force or policy resume the Militia, Forts, Navy, Ammunition into his absolute dispose; the only present obstacle (now his forces are so great) to gain a complete long-expected conquest over his people's Liberties, Laws, Estates, and all Parliaments Privileges, if not beings too. And if our Parliaments (the only Bulwarks to protect our Laws, Liberties, Estates, Lives, Religion, Peace, Kingdom, against the devastations of oppressing, lawless Princes, and Officers) be once conquered, or weakened in the least degree, we can expect no other issue, but that Tyranny, slavery, popery, shall be ere long entailed upon us and our Heirs Souls and bodies forever. Secondly, By his Majesty's frequent imposing of many unlawful Taxes and Impositions on his Subjects, contrary to his Coronation Oath, the ancient Laws of the Realm, yea his own late Statutes, Declarations, Vows, Promises; which design hath been carried on with a strong hand all his Reign till now; and at this present, with a far higher hand than ever: which they exemplify by the Loans with other Taxes, Impositions, Grievances, complained of in the Petition of Right, in the third year of his Reign; which Act when first passed, with this his Majesty's solemn Oration and Protestation Printed with it; I do here declare, That these things which have been done, whereby men had some cause to suspect the Liberty of the Subject to be trenched upon, shall not hereafter be drawn into example for your prejudice: And in time to come (IN THE WORD OF A KING) you shall not have the like cause to complain: (backed with his Royal Declaration to all his Subjects at the breach of that Parliament to like purpose) made most men think, they should never be grieved with illegal Taxes more; though the very annexing and Printing of his Majesties two Answers, & this Speech when he passed the Petition, at the end thereof (with the Scope and matter of this Speech and other then concurring circumstances) made the wisest men suspect, it was only a bait to catch the * See 3 Car. c. 6, 7. Temporalties and Clergies (five a piece) extraordinary great Subsidies, then aimed at, (a greater aid than was ever before granted at once to any of his Majesty's Predecessors) and a policy then seemingly to content, but subsequently to delude the over-credulous impoliticke Vulgar; the verity whereof was at that instant much confirmed, by his Majesty's claiming (even in his very speech when he passed the Petition of Right) Tonnage and Poundage as a mere right, and his taking it as a just duty without grant by Parliament, from his coming to the Crown till then and since; by his extraordinary strange commission granted under the great Seal to divers Lords and others for the laying of an intolerable illegal excise, on all the Subjects throughout England and Ireland, seconded with the Commission to Dalbere and others, for the raising and importing of Germane Horse, and the billeting of Irish foot in sundry places of England to join with those horse, to set on this excise, even at that very instant, when this Petition of Right was debated and passed; the breaking up of that Parliament as soon as these Subsidies were granted, and the unpatterned inundation of all kind of unjust Taxes as soon as ever that Parliament was dissolved; as fines for Knighthood, New-buildings, Enclosures, exacted Fees, (not to redress, but authorise them by compositions to get money) Shipmoney, Monopolies of Tobacco, Soap, Bricks, Pins, and a world of other particulars upon which annual rents were reserved: Forrest-bounds, and offences prosecuted with all Rigour; Impositions upon Coal, Bear, Salt, Wines, Tobacco, and all kind of Merchandise; Lieutenants rates, and wages, Coat and Conduct money, excessive high Fines in Starchamber, High Commission and other Courts, with sundry other Particulars complained off with open mouth in this and the preceding Parliament by most of the members of both Houses, and divers now present with his Majesty; who notwithstanding the many public complaints against these oppressions, the Acts this very Session passed against them, and sundry duplicated deep Asseverations to maintain the Subjects Property, Liberty, and govern only according to Law; hath, and still daily doth in a far higher degree than ever (through the ill advice of Malignant Counsellors) proceed to afflict and ruin his people in this very particular of Property and Taxes, by weekly or monthly assessments and contributions imposed on sundry Towns and Counties where his Forces now lie, exceeding many men's racked incomes; his seizing of their Ammunition, Arms, Horses, Carts, Goods, Provisions, Houses, Lands, (yea husbandmen's Teems and Horses of their Ploughs, * Artic. super Chartas, c. 12, See Cooks Institutes on it. Agricolae apud Indos sacri & afurto & praeda alieni Di●dorus sic. Bib. Hist. l. 2. n. 40. privileged from distresses by Law, & by most Nations though enemies, in times of war from spoil or plunder,) so as they cannot till their ground, which must needs breed a famine: and stripping many thousands of his people in Brainford, Marleborough, Cicester, Bromingham, & other places (utterly sacked and ruined by his Cavaliers) of all their lively hoods, and estates, to their very naked skins; and carrying away those poor Subjects in triumph like Enemies and Traitors, who dare offer to defend their goods, houses, estates, or make any the least resistance, (though the Laws, * Fitz. Corone. 192. 194. 58. 276. 261. 21 H. 7. 39 24. H 8. c. 5. Stamford, f. 13, 14. Cook l 4. 91, 92. See Matth. Paris Hist. p. 264, 265, 266. Common and Statute, allow them in such cases, not only to resist, but kill all those who shall assault their houses, or persons to spoil them of their goods) or protect them or their Liberties, Lives, Properties, against his Army of thievish murdering Cavaliers. And which aggravates all the rest, his Majesty hath sent out such a Commission of Array to be executed in every County, as pulls up liberty and property by the roots; which, though both Houses by a special printed Declaration, have * See the Parliaments second Remonstrance concerning the Commission of Array. proved to be illegal, contrary to the fundamental Laws of the Realm, the Petition of Right, and some express Acts passed this present Session; yet his Majesty hath caused such an Answer to be published in his name to the first Declaration, as good Law, which * See this fully proved in the Parliaments second Declaration. frustrates all Acts whatsoever made in this or former Parliaments for the Subjects Liberty, Property; and lays down such grounds, which will not only justify, but revive all former pressures and grievances whatsoever, as warranted by Law. All which considered, together with the frequent endeavours formerly and of late to raise and keep an Army on foot among us to enslave us, and raise what taxes shall be arbitrarily imposed without a Parliament on the Realm by force of Arms, according to the late use of France, begun by Strafford in Ireland, and now set on foot in divers countries of England, makes wise moderate men fear, that if the Militia, Forts and Navy be yielded up unto the King before the Subjects Property, and these violations of it in the highest degree (so that none at this day can truly say that any thing he enjoys, no not his Lands or Life are his own) be better settled, all property will be for ever lost, and Turkish Subjects as free as English, in common probability. Thirdly, the constant design against the Liberty of the Subjects person (the better to invade the property of his goods) prosecuted all his Majesty's time, and more than ever since the Petition of Right and this Parliament. The which is evidenced, by infinite illegal commitments of men for not paying the Loan, Knight-mony, Shipmoney, with sundry other unlawful Taxes, without bail or mainprize; of sundry members of both Houses during this, and after former Parliaments ended, for things done in and triable only by Parliament; by the exorbitant censures in the Star-Chamber and High Commission, and judging free men against Law, to close imprisonments; And that (which now grieves the very Souls of all English Spirits, who have any remainders of common humanity, in them, and would rend an heart of adamant) not only by the strict close hard imprisonments of divers persons at York and elsewhere, for executing the Militia, refusing the Array, or contribution Taxes, but by the more than barbarous, * Quae alia vita esset, si L●ones ursique regnarent? Si serpentibus in nos, ac noxissimo cuique animali daretur potestas? Illa ra●ionis experria, & a nobis immanita is c●imine damna ta abstinent suis, & 〈◊〉 est etiam inter feras similitudo: Apud R●man●s tantum, ne● a necessariis quidem▪ abies temperate sibi. Seneca de Clem. l. 2. c. 26. yea beastly cruelty of his Majesty's Cavaliers in chayning together in Ropes sundry Prisoners taken at Brainford, Marleborough and Cicester, (as the true printed Relations of these places sacking testify) like a company of Turkish Galleyslaves, (though some of them were Gentlem●n of worth and quality, others Ministers, others aged, sickly, and many who never bore arms in these present wars) and leading them chained (almost naked, and barefoot) through deep filthy ways in the cold winter season to Oxford in triumph (to his * Nulli Regi gloria est ex saeva animadversione. At contra maxima, si vim suam continet, si multos irae alienae eripuit, neminemsuae impendit; Senecade Clementia. l. 1. c. 17. Majesty's great dishonour, and his Subjects grief,) denying them, not only meat and drink, but even water itself (the commonest Element) to quench their thirst, and keeping off, yea beating any such at Cicester, and Oxford, who offered to bring them any sustenance, though but a drop of water to cool their tongues: (O more than Turkish Barbarousness, that one man, one Christian, one English Subject even in, or near the presence of his Sovereign, should thus ill entreat another, without any punishment or check, much more with approbation!) After which they have been * Ista frequens vindicta paucorum odium reprimit, omnium irritat. Regia crudelitas auget inimicorum numerum ●ollendo. Seneca de Clementia, l. 1. c. 8. shut up in prisons and dungeons lying on the cold ground, stones or boards without beds, straw, fire or any the least refreshment; allowed only a poor pittance of Adam's Ale, and scarce a penny bread a day to support their lives, though their friends would provide it for them; in which sad condition many of them are still detained close prisoners without bail, mainprize, exchange, redemption, divers of them being dead of Famine and ill unaccustomed usage: Others have been murdered without mercy, and their * The Relation of the taking of Cicester, and the Prisoners Relation. Carcases left unburied for the fowls to prey on; others maimed and left weltering in their blood without any relief; others forced to live exiles from their habitations; and all for this new point of High Treason; that they stood upon their guard, to defend the property of their persons, goods, houses, possessions, from the robbery and plunder of thieving Cavaliers ( * Quanto autem non nasci melius fuit, quam numerari inter publico malo natos? Seneca de Clementia l. 1. c. 18. borne only for the public mischief of the Ream) who now live by the Country's spoil and robbery, and must not be resisted. If this proceeding be the so oft protested preservation, the vowed defence of the Subject's Liberties, Properties, Lives, the preserving of them in perfect and entire peace and safety according to his Majesty's Coronation oath, the governing of them according to the Law, even whiles the Parliament sits, and hath such Forces in the field, the possession of the Ports, Navy, and other premises in their hands (which if the King should die without heir devolve wholly into the kingdom's hands and possession, not to his Executors, as to the true proprietors of them, a strong unanswerable argument, they are not now the Kings but kingdoms in point of right and interest;) we cannot (say many men) but suspect the like and worse usages when these are all surrendered into his Majesty's power, and that he with his ill Counsellors (who had lately such a bloody treacherous design against Bristol during the Treaty of Peace, and now plainly profess, * The King's Letter on Saturday, Apil. 8. 1643 to the houses. that they never intended the Premises should be put into such persons hands as the Parliament and kingdom might confide in, but themselves alone;) will then as much over-awe the present and all future Parliaments, as they do now the country people where they quarter; and handle many active worthy members of both Houses (particularly proclaimed rebels by the King without conviction, who hath not so violently proceeded against any of the Irish Rebels in this kind, as he hath done against the houses of Parliament, and the chief well deserving members of it) as rigorously, if not far worse, as any now imprisoned by them; notwithstanding that true rule of * De Clementia l. 1. c. 24. Seneca: Remissius imperanti melius paretur. Et non minus Principi turpia sunt multa supplicia, quam Medico multa funera. Their second general reason is, an * See the Parliaments Declarations and parliament-men's Speeches to this effect▪ ancient ●ore plo●te● confederacy between the Popish and Prelatical Party in the Kingdom to change Religion, and re-establish Popery. Which design hath been vigorously prosecuted long before his Majesty's ●aigne, but more effectually since his marriage with one of that Religion; who in regard of her nearness to, and continual presence with him heretofore, and activity to assist him now against his Parliament, hath such a meritorious interest in his affections, if not powerful influence upon his will and Counsels, as may induce his Majesty (as well as * 1 Kings 11. 1 to 12. King Solomon) to grant, at least a speedy public long-expected toleration and free use of the Romish Religion (if not a suppression of the Protestant faith) throughout the Realm, if all the premises be put into his Majesty's unlimited power. And that which backs this more than conjectural fear, is: First, the large visible progress made in this design before this Parliament, as not only the Houses joint Declarations, but divers Malignant Members declanatory Orations, (now with the King) testify, together with our Prelates manifold Popish Innovations in Doctrines, Ceremonies, Ecclesiastical proceedings; the Pope's Nuntioes Residence near, and free access to Court; our Agents residence at Rome; the Cell of Capuchins, Chapples erected for Mass, the infinite swarms of Seminary Priests and Jusuites every where, with freedom and impunity, the suspension of the Laws against them and Popish Recusants; the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants, with other particulars clearly demonstrate. Secondly, the present general Rebellion and bloody proceedings of the Papists in Ireland, to extirpate the Protestant Religion there; and the many prevailing Plots of the Irish Rebels party here, to delay, seize, or frustrate all aid and opposition against them from hence: with his Majesty's late Commissions to Papists and Protestants, and some who have been in actual Rebellion to treat and conclude a peace with these Rebels, contrary to the very Act he passed this Parliament for Ireland's relief. Thirdly, his Majesty's late letter to the Council in Ireland to exclude the Parliaments agents and members there from all their Counsels and meetings; and if reports be credible, his Majesty's Commissions lately issued to most notorious convicted Papists in * See the Parliaments Remonstrances & Declarations to this effect. Wales, Lancashire, the North and other parts, to arm themselves and raise forces under their Comm●nds (who are now in several bodies in the field) and his entertaining of divers Popists and Irish Rebels in his Army to fight against the Parliament, contrary to the express Laws of the Realm; his own frequent Proclamations and Protestations, ●o entertain ●o Papists near h●m and to defend the Protestant Religion: Which added to the intercepting of the Parliaments provisions for the relief of the Protestants in Ireland, the entertaining of some of the Commanders sent to Ireland by the Parliament against the Rebels, if not sending for some of them out of Ireland from that Service to war against the Parliament; with the passes under his Majesty's hand for the transporting of some Popish Commanders (since joined wi●h the Irish Rebels) into Ireland; make many jealous heads suspect, the common vaunt, of the Irish Rebels, * See Doctor jones his book of Examinatons published by Order of both Ho●ses. that they have express Commissions both from the King a●d Queen to warrant the●r ●roceedings th●re, and that they fight but for them against the Parliament, Pu●●tanes, and Parliament-D●gs (the Language of the Cavaliers too, learned from them) are not only possible, but probable; and that th●re is a general design on foot (towards which the Papists in foreign parts; through the Priests and Queen's Negotiations, have made large contributions) by the Popish Armies now raised in both Kingdoms, to s●t up Popery in its perfection every where, and extirpate the Protestant Religion in all o●r Kingdoms, which nothing but an absolute conquest of these bloodthirsty. Papists ca● in probability prevent, they being already grown so insolent, as to say Mass openly in all the Northern parts and Army, and in Reading, in affront of God and our Religion: If therefore the premises should now be wholly surrendered to his Majesty, it is much to be feared, that the Popish party (now most powerful) would in recompense of their meritorious service and assistance in these wars, at leastwise challenge, if not gain, the chief command of the Ports, Navy, Ammunition; the rather, because the Lord Herbert (a most notorious Papist) both before and since this Parliament, enjoyed the sole charge and custody of all the Military Engines and Ammunition royal at Fox's Hall, designed for the King's chiefest Magazine; and then farewell Religion, Laws, Liberties; our Souls and bodies must become either Slaves or Martyr's. Their third general ground, is the constant practice of most of our Kings (as john Henry the 3d. Edward, and Richard the 2d, with others) who after wars and differences with their Parliaments, Lords, Commons, upon accommodations made between them, as soon as ever they got possession of their Castles, Ships, Ammunition, seized by their Subjects, broke all vows, oaths, covenants made unto them, oppressing them more than ever; enlarging their own prerogatives, and diminishing the Subject's Liberties, (yea taking away many of their lives against Law, Oaths, Promises, Pardons,) on purpose to enthrall them; which still occasioned new Commotions, as the premised Histories and others plentifully inform us. And that the King (considering all his forementioned proceedings, and pertinacious adhering to his former evil Counsellors and their Counsels) should degenerate from his predecessors Policies, in case the premises be yielded wholly to him, before our Liberties and Religion be better settled, and the just causes of our fears experimentally remould, i● hardly credible. But against these 3. General reasons, Object. his Majesties many late solemn Protestations, and those Acts which he hath passed this Parliament, are objected, as sufficient security against all future fears: To which they answer. First, Answ. that if his Majesty's Coronation Oath, to preserve his People's Liberties and Laws of the Land inviolable, have been no sufficient security to his Subjects hitherto, against all the forementioned grievances and illegal pressures: his verbal Protestations and Promises are like to prove worse assurance: If solemn Oaths be most apparently violated, what trust can there be to unswore words? Secondly, our Kings in former times (as I have plentifully proved and infinite examples more declare) seldom or never kept either Oaths or Promises made to their Subjects; but have broken oath after oath, agreement upon agreement, with all verbal legal ties; reputing them only lawful policies to overreach their people, and effect their own designs with greater advantage to themselves, and prejudice to their Subjects. And shall we dream of a new world, only in this dissembling age; when Kingcraft is improved to the utmost? Thirdly, we had his Majesty's * At the end of the Petition of Right. solemn Protestation, in the Word of a King, in th● 3d d year of his Reign, backed with * Concerning the breaking up of the Parliament, and before the 39 Articles of Religion. Two Printed Declarations then, to all his Loving Subjects, to maintain the Petition of Right, their Laws, Liberties, Properties, Religion in purity and perfection without the lest violation, or any connivance a●, or backsliding to Popery: And what good warrants or securities these since proved to the Subjects to preserve them from several inundations of oppressions▪ Tax●s, grievances, Innov●●●ons and relapses to Popery▪ (which have flowed in upon them ever since as if these 〈◊〉 b●ene ●o banks to keep them out, but sluices only to let them in the faster) the premises manifest, and we a●l experimentally feel this day. And are the new Promises and Protestations (think you) better than the old? or those made this Parliament more obligatory to the King, or his evil Councillors, than those made the two last Parliaments, infringed in an high degree (even to the imprisoning, the searching of Peers, of Commons Pockets, and studies against the Privileges of Parliament) within few hours after they were published in Print? Are not the Subjects daily taxed, imprisoned, plundered, murdered; the Privileges of Parliament daily infringed, many ways? Protestant's dis-armed, Papists armed, foreign forces introduced, Irish Rebels privately countenanced, the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended? the best justices removed in all Counties, ill affected persons set up in their places; illegal Commissions of Array executed, justified, the best Protestant Ministers, people most robbed, pillaged, murdered, banished every where; Sheriffs illegally made, Subjects (even at Oxford where the king resides) more inhumanely handled under his Majesty's view, than Galleyslaves in Turki●; and scarce one Declaration or Promise observed so much as the very day they are published? notwithstanding so many multiplications of them in Print; that people may the better take notice how they are broken, if they be observant? And shall the Parliament then take, these so notoriously oft violated, never yet observed Protestations, for our Kingdoms only substantial security, to put all into his Majesty's hands forthwith, before they see some real performances and change of Counsels? Certainly if they be so much overseen, they are like to be so far from mending our present condition, that they shall but make it worse, yea and betray themselves, with all that trust them, both for the present and posterity. But we have very good Laws assented to by his Majesty this Parliament; Object. for our security too. Answ. True! but are they not spiders Webs, and already undermined in action or intention? Do they secure us in any kind for the present, and will they do it for the future? will time (think you) make them binding to the King, if they oblige him not, as soon as made? Did the Petition of Right 3● Caroli, (a most inviolable security as most then dreamt) secure the Subjects in the least degree against any public wrong, so long as for one month's space? Was it not turned into a kind of wrong as soon as made, and ever since? Nay, were there not only sundry actions done, but judgements too in the very greatest Courts of justice, given against it, yea against the very letter and unquestionable meaning of Magna Charta, and other fundamental Laws, by corrupted, or over awed timorous judges? yea, are not most good Acts made this Session for the Subjects benefit, and all the Subjects Liberties at one stroke quite hewn down and undermined by a pretence of Law itself, in his Majesty's * Answer to both the Houses Declaration, concerning the Commission of Array? Quid verba a●diam, fact● cùnv●deam? The meanest Latin● Scholar knows, that verba dare, signifies properly to deceive; and Subjects have been oft deceived, even with Acts of Parliament. Now that all may see how invalid assurances Laws are to secure the Subjects Liberties, though ratified with never so many confirmations, oaths, s●ales; I shall give you ●. or 3. ancient precedents. The first is that of * Mat. Pa●●s Hist. p. 243. to 256 Daniel p. 143. 144. 〈◊〉. King john, who Anno 1214. confirmed Magna Charta, the Charter of the Forest, and other Liberties with his hand, s●ale, oath, proclamations, the Pope's B●ll, solemn excommunications against the infringer● of it, denounced by all the Bishops in his presence; by appointing 25. Barons, who by oath were to see and force him, and all others to observe it, by seizing on ●is Castles, Lands, goods; and by resigning the custody of his 4. chief Castles to ●he dispose of 25. Lords; whom all other Lords and Commons were bound to assist; yet in less than on half years, space, these strongest obligations are all canceled, these Gordians cut in sunder with the sword of war, and the Subjects reduced to greater Vassellage than ever, as the premises evidence. So King Henry the 3d d by oath sundry times successively ratified these Charters, & the Subject's Liberties in Parliament, which they oft dear purchased with great Subsidies. And * Mat. Par. Hist. Angl. p. 240. 421. 430. Dan. Hist. p. 157, 158 An. 1237, this King to gain a Subsidy of his Subjects, in a Parliament then assembled at London; denye● that he ever intended to revoke the great Charter, and other Liberties, or laboured with the Pope to d●e it, with which the Barons truly charged him; and that if any such thing had been casually suggested to him, he did utterly n●ll and revoke it: and because he seemed not altogether free from the sentence of excommunication, which Ste●en the Archbishop, with all the other Bishops of England had denounced against all the infringers of the great Charter, which he through ill Council had in part infringed; he commanded them all in public, to renew the said sentence against all contradictors of the said Charter, so that if he himself, through any conceived rancour, had not peradventure observed it, he might more grievously relapse into the said denounced sentence. By which means, and speech, he wonderfully reconciled to him the hearts of all that heard of these things, and suddenly causeth the Earl's Warren, and Ferrer, and john Fitz-Ieffry, by the Parliaments appointment, to be sworn his Councillors; giving them this Oath; That by no means, neither for rewards, nor any other cause, they should swarve from ●he way of truth, but should give good and wholesome Council both to the King and Kingdom. Whereupon they freely gave the King the 30th part of all their movable goods, except their gold, silver, horses and arms, to be spent on the good of the Republic, with this condition often annexed; that the King should le●ve the Council of Aliens, and only use the advice of his natural Subjects: Which Subsidy was ord●red, to be collected by 4 knights, and one clerk in every County, and there laid up in some religious house or Castle, that if the King should recede from his promise and condition, every one might faithfully receive back his own again. But no sooner was the Parliament ended, but the King breaks all his promises; shows more favour to, and is more ruled by strangers then ever before; levies the subsidy in a stricter and far other manner than was prescribed, and bestows most of it on strangers to be transported; marrieth his sister. Eleanor to Sim ●n Monfort, (a new come French Exile, of mean fortunes) su●ru●eque naturalium hominum consiliis factus est extran●us & suis b● nevolis, Regnoque ac R●publicae u●ilibus factus est cervicosus, ita quod per eorum consilium parum aut nihil de nego●iis Regni tractaret aut operare●ur. Which courses, with other, so incensed the Nobility, and generally all the subjects, as put them into a new commotion; which made him enter into new Articles and promises ratified with seals and Oaths, yet still infringed as soon as made. After this in the 37. year of his Reign he ratified them in the most solemn and religious manner as Religion and State could ever devise to do. * Mat Par An: 125● 1838, 839 The Stat. at large Dan. Hist p 169. Speed p. 28 Mat Weston. Holinshed, Fab. Graf. An. 1253. The King with all the great Nobility of England, all the Bishops and chief Prelates in their Pontificalibus, with burning Tapers in their hands assemble to hear the terrible sentence of Excommunication, and at the lighting of those candles, the King having one of them in his hand, gives it to a Prelate there by, saying: It becomes 〈◊〉 me being no Priest, to hold this Candle, but my bea●● shall be a greater testimony; and withal laid his hand spread upon his breast, the whole time the sentence was read, in this form. We Boniface Archbishop of Canterbury, etc. by the Authority of Go● Almigh●y, and of t●e Son, and of the Holy Ghost, and of all Apostle, Martyr's, Confessors, Virgins, and all t●e Saints of God (many of them there specially named) do 〈…〉 and separate 〈…〉 Church of God, all those who from henceforth, wittingly and willingly shall deprive or spoil the Church of her right: likewise all those, who by any art or cunning shall rashly violate, diminish, or alt●r privily or openly or by 〈◊〉 deed, or council, shall rashly come against all o● any of the ancient Liberties o●●pprov●d customs of the Realm, and especially the Liberty, and free Customs which are contained in the Charters of the Common Liberties of England, and of the Forest, granted by o●r Lord the King of England, to t●e Arch-Bishops, Bishops, Prelates, Earls, Barons, Knights and F●ee Tenants of England; likewise all them who shall make, or observe when made, any statutes, or introduce or keep when introduced, any customs against them or any of them, together with the writers, Councillors, and executioners of such statutes, and those who shall presume to judge according to them. Insempeternall memory whereof, we have thought meet to set our seals. And then throwing down all their Candles, which lay smoking on the ground, every one cried out; So let every one who incurs this sentence be extinct in hell. Then the B●l●s ringing cut, the King himself solemnly sworn and protested with a loud voice, with his hand upon his breast: As God me h●lpe, I will faithfully and inviolably keep these things, as I am a Man, a Christian, a Knight, a KING CROWNED & ANO INTED. Which done, Robert Bishop of Lincoln forthinking, that the King would violate the foresaid Charters, presently caused the like excommunication to be made in all his innumerable Parish Churches; which sentence would make men's ears to tingle, and their hearts not a little to tremble. * Daniel, p● 169. Never were Laws amongst men (except those holy Commandments from the Mount) established with more majesty of Ceremony, to make them reverend and respected then were these: they wanted but ●hunder and lightning from heaven, (which if prayers would have procured, they would likewise have had) to make the sentence ghastly, and hideous to the infringer●●ereof. The greatest security that could be given, was an oath, and that solemnly taken; the only chain on earth, besides love, to tie the conscience of man and humane Society together; which should it not hold us, all the frame and government must needs fall quite asunder. Who would have once imagined, that a man, a Christian, a Knight, a King, after such a public oath and excommunication, would ever have violated his faith, especially to his loyal Subjects? yet lo almost a miracle (though over-common among our Kings,) the very next words in my * Math. Paris p. 839. Historian after this Oath and Excommunication, are these; The Parliament being thus dissolved, the King PRESENTLY using ill Counsel, studied how to infringe all the premises; these whisperers of Satan telling him; that he need not care though he incurred this sentence, for the Pop● for one or two hundred pounds will absolve him, who out of the fullness of his power can lose and bind whatsoever he pleaseth, etc. which the Pope soon after did; and the King returned to his former oppressive courses, more violently than before. Well then might the royal Prophet give us this divine caution, * Psal. 146. 3 Psal 62. 9 O put not you● trust in Princes: * Math Paris p. 825 826. speed p 627. 628. Daniel p. 167. 168. Surely men of high degree are a lie; to be laid in the balance they are altogether lighter th●n vainty, both in their oaths and promises. Hence* Isable Countess of Arundle, a well spoken Lady, receiving a repulse from this King's hands about a Ward, whereto she conceived she had right, the King giving her a harsh answer, and turning from her, said thus to his face: O my Lord King, why turn you away your face from justice, that we can obtain no right in your Court! You are constituted in the midst between God and us, but you neither govern yourself nor us discreetly, as you ought. You shamefully vex both the Church and Nobles of the Kingdom by all ways you may, which they have not only felt in present but often heretofore. The King fired 〈◊〉 so free a speech, with a scornful angry countenance, and loud voice answered: What, my Lady Countess, have the Lords of England, because you have tongue at will, made you a Charter, and hired you to be their Orator and Advocate? Whereunto she replied: Not so my Lord, they have not made any Charter to me; but that Charter which your Father made, and which yourself have oft confirmed, swearing to keep the same inviolably and constantly, and often extorting money, upon promise, that the liberties therein contained should be faithfully observed, you have not kept, but without regard to honour or conscience broken; Therefore are you found to be a manifest violater of your faith and Oath. Where are the liberties of England, so often fairly engrossed? so often granted? so often bought? ay, though a woman, and with me all the natural and loyal people of the land, appeal you to the Tribunal of that high judge above, and heaven and earth shall be our witness, that you have most unjustly dealt with us, and the Lord God of revenge, avenge and right us. The King distrubed at these words asked her; If she expected not to obtain her suit upon favour, seeing she was his kinswoman? Whereunto she answered. How shall I hope for grace, when you deny me right? Therefore I appeal before the face of Christ against those Counsellors also of yours, who gaping only after their own gain, have bewitched and infatuated you. I wish none had cause at this very season to make the like appeals. As boldly, though in fewer words, is he reproved by the * Matthew Paris. p 826. 827. Daniel p 168. Master of the Hospital of Jerusalem, in Clarkenwell, who coming to complain of an injury committed against their Charter, the King told him; The Prelates, and especially the Templets and Hospitalers, had so many Liberties and Charters, that their riches made them proud, and their pride mad; and that those things which were unadvisedly granted, were with much discretion to be revoked; alleging, that the Pope had 〈◊〉 recalled his own grants, with the clause, Non obstante; and why should not he cashier those Charters inconsiderately granted by him, and his Predecessors? What say your Sir? (said the Prior) God forbid so ill a word should proceed out of your mouth: so long as you observe justice you may be a King, as soon as you violate the same, you shall cease to be a King. To which the King inconsiderately replied. O what means this!; you Englishmen, will you cast me down from the Kingdom as you did my Father, and kill me being precipitated? I could instance in divers like violations of Mag●a Charta and other good Laws immediately after their making and ratification with solemnest Oaths and * See Constit. Concil. de Reding. cap. de sentent. excom. public. in john de Aton. ●. 131. excommunications, both in King E●ward the 1. and 2. and Richard the seconds reigns, which because elsewhere lightly touched I shall pretermit; concluding only with one precedent more, in one of our best and justest Princes reigns, King * daniel's History p. 260. Edward the third, in whose reign even then when by special Acts, there was not only a trieniall Parliament but an annual to be held; and sometimes 4. or 5. Parliamentsheld every year, and Magna Charta usually first confirmed by a new Law in every one of them, yet we shall find not only frequent complaints of the breaches of it, but * 5 E. 3 c 9 15. 15. E. 3. Stat. 1. c. 2. 3. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. c. 8. 38. E. 3. c. 9 42. E. 3. c. 3. many new Laws one after another, enacted, to prevent and punish the violations of it; and yet all to little purpose, as those Acts declare, and our late, yea present times attest: and which is very observable; when King Edward the 3d d in the first Parliament, in the 15. year of his Reign, had ordained and established divers good Statutes, which he willed and granted FOR HIM & HIS HEIRS that they should be FIRMLY KEPT & HOLDEN FOR EVER, for the ratification of Magna Charta, and better observing other good Laws: and enacted, That the Chancellor, Treasurer, Barons of the Exchequer, judges, and all other great Officers of the Kingdom should then for the present in Parliament, and for ever after take a solemn Oath before their admission to their Offices, to keep and maintain the points of the great Charter, and the Charter of the Forest, and all other Statutes, without breaking any one point; No sooner was that Parliament dissolved, but the very same year, he publicly * The Revocation of this Statute made 15 Ed. 3. in the Statutes a● large. revoked those Statutes: pretending, That they were contrary to the Laws and Customs of the Realm, and to his Prerogatives and Rights Royal, all which he by his Oath was bound to m●inta●ne; Wherefore willing providently to revoke such things, which he so improvidently had done. Because (saith he, mark the dissimulation of Princes even in Parliaments) We nev●r realy consented to the making of such Statutes, but as than it beloved Us, WE DISSEMBLED IN THE PREMISES: by Protestations of r●vocations if indeed they should proceed to secure the Dangers, which By the Denying of the same we feared to come, for as much as the said Parliament otherwise had been without any expedition, in discord dissolved, and so our earnest business had likely bee●e, which God pr●ohibit i●ruine. And the said pretenced Statute, we promised then to be sealed; But sithence the Statute did not of our own free will proceed, it seemed to the Ea●●s, Barons, and other wise men, with wh●m we have treated thereupon, 〈…〉 should be void, and ought not to have the Name nor Strength of a Statute: And therefore by their Counsel and Ass●n● We have Decreed the said Statute to be void, and the same in as much as it proceeded of deed, we have brought to be annulled. And the same we do only to the conservation and redintegration of the Rights of our Crown, as w● be bound, and not that 〈◊〉 should in any wise aggravate or oppress our Subjects whom we desire to rule by lenity and gentleness. And thus his S●ablishing of these Lawe●, for Him and his Heirs, firmly to be holden and kept for ever, was turned into an estate at will, determined as soon as granted. By which pretence of Dissimulation, of a consent to Acts, yet no free, but sained only to accomplish his own ends, and of preserving and redintegrating the Rights of the Crown; how easily may any King, (and how oft have many Kings, actually, though not Legally) invallid and nullify all Acts they have passed for the Subjects benefit, as soon as they are made by Parliaments? What weak assurances than are Laws alone, to bind Princes hands, or secure Subject's Liberties, let all wise men judge. If then the ignorant vulgar will be deceived with these specious fruitless Protestations, and the bare grant only of some good Laws (already highly violated) without any apparent intention to observe them; yet most presume the great Counsel of the Kingdom (which in so many printed Declarations hath informed the Subiec●● of the premises, to make them cautious, and vigilant against all such circumventions) will not be so easily overreached, and find better assurances before they trust too 〈◊〉▪ Fourthly, admit (say some) His Majesty's Protestations and Promises upon t●● hoped accommodation should be real, (which the sending abroad of his Forces, West, South, North, at this very instant of Treating makes most doubt,) yet the sway of ill Counsellors about him, more prevalent with, more trusted by him, at this present then his grandest Counsel, the Parliament: the Potency of the Queen, the great merits of her Grace & Papists (who will not be more modest with the King, than they are with God himself, in challenging rewards ex debito, for service done unto him) 〈…〉 of divers Malignants about the King, who will challenge all places of trust from his Majesty, as just reward for their faithful service; as they did in Henry the 〈◊〉 this reign, when * Hist. Arg●● p. 371. Matthew Paris complained, and the whole Kingdoms with him in this manner, judicia 〈◊〉 injustis leges exlegibus, 〈…〉 etc. Who when they have all power and offices shared among them, will be apt to meditate and act revenge on the primest of their Parliamentary Opposites, to oppress and fleece the Subjects to repair their losses, their expenses in this war, or their poor decayed fortunes. All these with other such like probable subsequent considerations, may justly plead the inconvenience, and great danger to Parliament and Kingdom, to make an absolute present surrender of the Militia, Forts, Navy, ammunition into such untrusty hands, as are likely to turn them all against them, and to prove mischievous, if not pernicious, unto both, for the premised reasons; * Seneca De Clementia l. 1. Pestifera vis est valere ad n●cendum; especially if it be in Malignant hands. And here, to avoid all misinterpretations of this impartial discourse, I seriously protest; that as I heartily desire and constantly endeavour a speedy, safe, cordial union between King, Parliament, People; so have I most unwillingly been necessitated to repeat the premised objections, much feared designs, and experimental contradictions between many late Protestations and actions, (frequent in Parliamentary Declarations, new printed Pamphlets, and most men's mouths;) not out of any disloyal seditious intention (as some will maliciously misconster it) to stain his Majesty's Reputation with his people, and make the breach between them incurable, that they may never trust one another more; but only faithfully to demonstrate to his Highness and all about him, the great disservice and impoliticke pernicious advice of those ill Counsellors, who have most unhappily engaged him in such pernicious projects and frequent repugnances of works and words, as have given both Parliament and people, a more than colourable, if not just occasion to distrust his Majesty's gracious words and promises for the present, till they shall visibly discern them, more punctually observed, and reallized for the future; and made them so unhappy on the one hand, that now they dare not trust his Majesty so far forth as they desire, out of a provident care of their own future security; and His Highness so unfortunate on the other hand, as to grow jealous of their Loyalties, because they will not conside in his Royal Faith and Protestations, so far as he expects, out of a care to preserve his own Kingly Honour. In this unhappy diffidence (occasioned only by His Majesty's cvill Counsel) between King and Kingdom, a real future renouncing of all forenamed suspected designs, and actual performance of all Regal promises, will be the only means to cure all jealousies, banish all fears, remove all diffidences; and beget an assured trust, firm peace, and lasting unity between King and Subjects, to their mutual unexpressible felicity; which I shall daily imprecate the God of Peace, speedily to accomplish. But to return to the matter in hand. Secondly, It is conceived by many indifferent men, to be far more reasonable and safe both for King and Kingdom (as things now stand) that the Mili●ia, Ports, etc. till our fears and jealousies be quite removed, should remain in the Parliaments hands, then in the Kings alone: which they thus demonstrate. First, Because all these * See the Remonstrance of the Lord and Commons, May 26. 1642 and Novem. 2. 1642. are the Kingdoms in right, property, use; not the Kings; Who being but the Kingdom's Royal public Servant, may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdom for a reason, then detain them from them, when they require it. Secondly, Because the Parliament is the Superior Sovereign power, the King but the Ministerial; and it is more rational and just, that the inferior should condescend to the greater Power, the Ministerial to those he serves, than they to him. Thirdly, Many men of Honour and fidelity are more to be trusted and credited, than any one man whatsoever, because not so mutable, so sub●ect to seduction, corruption, error, or selfe-ends as one, or very few. This is the true reason, there are many judges in all Courts of justice; most select Members in the highest Court of all, the Parliament, (as there * See Plutar Numa Pem: Pilius, Livy, l. 2. Bodin Com. Weale l. 3. c. 1. was in the Roman Senate, in Foreign Parliaments, in national and General Counsels; because Courts of greatest trust and power) many being more trusty and judicious than one, or a few; Whence Solom●n doubles this resolution, * Prov. 11. 14. c 15. 22. c. 24. 6. In the multude of Counsellors there is safety; yea, * Eccles 4. 9 to 13. two (saith he) are better than one, in point of trust; whence wise men of great estates make many 〈◊〉, or Executors, and seldom do cofide in one alone, The Parliament therefore being many, and the King but one, are most to be confided in by the Kingdom. Fourthly, Kings have frequently broke their Faith and Trust with their Parliaments and Kingdoms; Parliaments seldom or never violated their trust to King or Kingdom; therefore it's more just, less dangerous for King and Kingdom to trust the Parliament, than the King. Fiftly, The Parliament is elective, consisting for the most part of the principal men in every County, City, Burrough, in whom the people who elected them, most confide; The King successive, not Elective. Therefore not so much confided in by the Kingdom, as the Parliament. Sixtly, The Parliament being the great Counsel both of King and Kingdom, consisting of the ablest men of all Counties; is better able to judge and make choice of fit persons to manage and keep the premises for the public safety, than the King alone, without their advice. Seventhly, The Parliament heretofore hath elected the greatest Officers of the Kingdom, (yea the King himself, when the Title to the Crown hath been doubtful, the inheritance and descent whereof hath in all or most Princes reigns, * See 7. H. 4. c. 2. 26 H. 8. c. 22. 28. H. 8. c. 7. 35. H. 8. c. 1. 1 Eliz. 2. cap. 1. Cook 8. Report: The Prince's Case. been constantly guided and settled by the Parliament, as I have formerly proved) because it most concerns the weal or woe; the peace & safety of the Realm to have trusty Officers; Therefore by the selfsame reason they should for the present appoint all Officers for the custody and ordering of the Premises. Eightly, The Kings trusting the Parliament with these things for a convenient time, will be the only means to remove the people's fears, prevent their dangers, quiet their minds, beget a perfect unity and amity between King, Parliament, Subject, and prevent all future differences: whereas the present resigning of them to his Majesty's trust and power, will but augment their jealousies, fears, dangers, discontents; and neither pacify former differences, nor prevent future, but rather perpetuate and beget them; especially if any notorious Papists, Malignants (the likeliest men to be employed under his Majesty) be trusted with any of the premises, which will endanger both Liberties and Religion; of which there will be no fear at all, if the Parliament and such as they shall nominate be the only trusties. In fine, If neither King nor Parliament dare trust one the other alone with the premises, and it is neither Royal, nor Honourable as many believe for the King to trust the Parliament now alone, with these, who in their * Novem. 2. 1642▪ and May 26. 1642. Declarations never desired, but professed the contrary, that the chiefest command of the Militia when indifferent Officers were appointed, should still reside in his Majesty, in as ample manner as before; there is no other equal, honourable, just, impartial, probable way left to secure or accord both parties in this particular, but only to commit the premises for a convenient time, to the custody of such trusty persons, nominated by the Parliament to the King, or by the King to the Parliament, as both sides jointly shall allow of, and by a special Bill to prescribe them such an Oath, as shall oblige them, to keep and employ them only for the joint use of King, Kingdom, and Parliament, by the joint direction of King and Parliament, and not by the single warrant or command of either of them, whiles this Parliament continues; Under pain of High Treason, both against the King and Kingdom. I shall close up this objection with the words of Seneca, * De Clementia l. 1. c. 29. Securitas securitate mutua paciscenda est: Errat enim si quis existimet tutum esse Regem, ubi nihil a reg● tutum est. Vnum est inexpugnabile munimentum, Amor Civium; which the King shall then be sure of, when he takes up this resolution; Non rempublicam suam esse, sed se Reipublicae: and shall really trust the Kingdom and Parliament as much, as far forth, as he expects or desires they should trust him. The Parliaments Right to Elect Privy Counselors, Great Officers, and judges. THe third grand Complaint of the King and Royalists, Object. 3. against this Parliament is: a See his Majesty's Answer to the Parliaments 19 Propositions, june, 2. 1642. with other Declarations and Treatises on his part. That they take upon them a power to recommend and nominate to the King his Privy Counselors, judges, with other great Officers of State; demanding, that none of them may hereafter (especially during Parliaments) be ordained by his Majesty, but by their Nomination or advice. A great affront, an intolerable encroachment on the Prerogative Royal, as is pretended. The loud clamour against the Parliament, if seriously examined, will speedily vanish into nothing. For; first, it is b Page 17, 18, 19 already cleared, ( c De laudibu● Legum Angliae c. 13, 14. and Fortescue so resolves) That Kings themselves (the highest Officers and Justiciaries in their Kingdoms) were both created and elected at first, Answ. 1. by the free general votes of their people; from whom alone they received all their Royal Authority, having still no other, nor greater lawful power than they conferred on them, (only for the defence of their Laws, Persons, Liberties, Estates and the Republics welfare:) which they may regulate, augment, or diminish, for the Common good as they see just cause. Therefore doubtless the people who thus created and elected their Kings at first, did likewise constitute, and elect all public Counsellors, Officers, Judges, Ministers of the State, giving both being and bounds to their several Offices and jurisdictions by public Laws; which is most apparent not only in the d Livy Hist. l. 1, 2, 3. Dionys. Hal Antiq. Rom. l. 2. & 3. Polybius. Hist. l. 6. Bodin, Commonwealth. l. 1. c. 10. Roman, e Arist. Polit. I. 2, 3, 5. Xenophon. de Lacedaem. Republica; Diodoru● sic. Bib. Hist. l. 2, 3. Lacedaemonian and other Kingdoms, but our own too, by infinite Acts of Parliament creating, regulating and limiting the power, Charters, Patents, Grants, and proceedings not only of our Kings, but of their Counselors, Chancellous, Treasurer's Keepers of the Great Seal and privy Seal, high Stewards, Admirals, Marshals, Masters of the Horse, Precedents of the Marches, and of York, Masters and other Officers of the Court of Wards judges, and justices of all Courts, all kinds, Sheriffs; Coroners, Customers, Searchers, Escheators, and all other Temporal or Ecclesiastical public Officers: the right of whose elections remaining originally in the Kingdom, and Parliament representing it, was never yet irrevocably or totally transferred by them to the King, by any public acts that I have seen: and therefore when they see just cause, they may make use of this their primitive inherent right of Election, without any real encroachment on the King's Prerogative. Secondly, I have already proved, that the f Cook's Inst. on Magna Charta. f. 174, 175, 558, 559, 566. Heretoches, Lieutenant's General, and Sheriffs, (as likewise the Conservators of the Peace) in every County through the Realm, were anciently elected only by the Parliament and People; not the King, (though they had the custody, power, Command of the whole Country,) without any impeachment to the Prerogative Royal; why then may not these other public Officers of the Estate be thus nominated and chosen by the Parliament likewise, without any just exception or offence? Thirdly, All g Cook Ibid. 284. 3. c. 6. No. Nat Br. 163, 164. Register, part. 1. f. 177, 178. Stamford, 1. c. 51. f 49. Brooke Corporations Kitchen, f. 47, 48. See selden's Titles of Honour p. 746, 747 694. to 71●. Coroners, Majors, Sheriffs, Bailiffs, Aldermen, Recorders of London, York, Bristol, and generally of all Cities, Towns and Burroughs throughout the Kingdom (which have the chief Government of these Corporations) Verderers of the Forest, Constables and other Officers, have ever anciently, and are still at this day elected only by the People, not the King: Yea all Archbishops, Bishops, Abbots, Priors, with other Ecclesiastical Officers, (who were formerly Peers and Members of the Parliament, and Rulers in the Church,) were anciently chosen, not by the King himself, but only by the Clergy and people, as sundry h See Antiquit. Eccle. Brit. goodwin's Cat. of Bishops and Antiquities, Eadmerus Hist. Novel, p. 34. 36, 50, 71. 97, 109, 111, 112, 131, 132, Malms. de Gestis, Pontif. Precedents and i 25 E 3. Par. 6. 9 H. 4 c. 8 13 R. 2. Stat 2 c. 2. Statutes manifest, and the Congee de'sliers at this day for the Election of new Bishops, more than intimate: and all this without the least violation of the King's Prerogative: why then may not the Parliament nominate all those public Officers to the King by Parallel Reason, without Eclipsing his Prerogative? Fourthly, The Knights, Citizens, and Burgesses of the Kings and Kingdom's greatest Court and Council, the Parliament, k Stamford Ibid. Modus tenendi Parliamentum. Cambdens Brit. p 176, 177. Sir Tho. smith's Commonwealth, l 2 c. 1. 2. Helinshed and Veel Description of England, c. 8. f. 173. Chron. of Ireland, f 127, 128. Minsh Dict Tit. Parli. Cook's Instit. on Lit f. 109, 114, & 9 Report. Epist. Dedicatory. (the k 15 E 3. c 3, 4, 5 Stamford juris. of. Courts, f. 1. to 10 Rastal, Parl. and the Statutes there cited. supremest Counsellors and judges of all others, to whom all other Courts, Counsellors, Officers, judges, are responsible for their actions, judgements, advice;) have always of right been, and yet are elected only by the Freeholders' and Commons of the Realm: yea all the members of the Lords house, though summoned thither by the King's Writ, and not elected; sit there * See Mr selden's Titles of Honour par 2. c. 5. Sect. 20 to 26. of right (not of grace, or the King's free choice) by the fundamental Laws and Constitutions of the Realm; neither can the King by his absolute Prerogative, elect any members of the Commons House, or exclude any member of it, or Peer of the Upper House (who by virtue of his Peerage ought to sit there) without the Houses consents: for then, if he might elect, or exclude one, he might likewise choose and seclude more, yea most of them, by like reason, at his pleasure; and so subvert the subjects Privileges, and by a Packed Parliament impose what Laws or Taxes he would on his people, to their slavery and ruin. Which freedom of the subjects Election, and all Lord's Summons is so essential and necessary to Parliaments, that the Parliaments of 21 R. 2. at Westminster, and of 38 H. 6. at Coventry, were by the Parliaments of 1 H. 4. c. 3, 4. N●. 21, 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all, but unlawful, yea devilish Assemblies, and Ordinances, for this very Reason; because in the first of them the Knights were not duly elected by the Commons according to Law and custom, but by the King's pleasure; and the Lords only of the King's party, (contrary to right and reason) summoned to it: (by means whereof, Will, therein ruled for reason, men alive were condemned without examination; men dead and put in execution by privy murder, were adjudged openly to die, others banished without answer, an Earl arraigned, not suffered to plead his pardon, l Mr. Saint john's Speech against Ship-money, p. 33 Speed, p 762, 763. Hall's Chron. f. 10, 11, 12. Fabian. part. 7 p. 173. to 179. etc.) and because the latter of them by m 39 H. 6. c. 1. Hals Chron. 39 H. 6. f. 1●2. Grafton▪ p. 647. divers seditious evill-disposed persons about the King, was unduly summoned, only to destroy some of the Great Nobles, faithful and Lawful Lords, and other faithful liege people of the Realm out of hatred and malice, which the said seditious persons of long time had against them: and a great part of the Knights of divers Counties of the Realm, and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some, were Named, returned and accepted, some of them without due and free Election, some of them without any Election by means and labour of the said seditious persons, against the course of the Laws, and Liberties of the Commons of the Realm, whereby many great Jeopardies, Enormities, and Inconveniences, well-nigh to the ruin, decay, and subversion of the Realm, ensued. If then the grand Councillors and Judges of this highest Court, are and aught to be elected only by the Commons, not the King, because they are to consult, and make Laws for the Kingdom's welfare, safety, government, in which the Realm is more concerned than the King; and Bishops, Abbots and Priors likewise, whiles members of the Lords House of Parliament, were chosen by the Clergy, People, Commons, not the King: by semblable, or better reason, the whole State in Parliament when they see just cause, may claim the nomination of all public Officers of the Kingdom, (being as much or more the Kingdom's Officers 〈◊〉 the Kings, and as n 15 E. 3. Stat. 3, 4, 5. responsible to the Parliament as to the King, for their misdemeanours in their places) without any diminution of the King's Prerogative. Fiftly, the Parliament consisting of the most o See the Prefaces of most ancient Statutes in Ed. 1. 2. 3. 4. Rich. 2, H 4, 5, 6. & 7. reigns, Crampto●s juris. of Courts f. 1. to 7. The Writ of Election, 15 E. 3. c. 3, 4, 5. Honourable, Wise, Grave, and discree test persons of all parts of the Kingdom, are best able clearly and impartially to judge, who are the fittest, ablest, faithfullest, most deserving men to manage all these public Offices for the Kings, the Kingdom's honour and advantage, better than either the King himself, his Cabinet-Counsell, or any unconsiderable Privadoes, Courtiers, Favourites; (who now usually recommend men to these places more for their own private ends and interests, than the Kings or Kingdoms benefit;) therefore it is but just & equitable that they should have the principal nomination and recommendation of them to the King, rather than any others whomsoever; & that the King should rather confide herein to their unbiased judgements, then to his most powerful trustiest Minions; who would out the Parliament of this just privilege, that they might unjustly engross it to themselves; and none might mount to any places of public trust, but by their deare-purchased private Recommendations; the cause of so many unworthy, untrusty, corrupt public Officers and Judges of late times, who have (as p See Mr. St. john's speech concerning Ship-money, 1640. much as in them lay) endeavoured to enslave both us and our posterities by public illegal Resolutions against their Oaths and Consciences. Sixthly, Though our Kings have usually enjoyed the choice of Judges and State Officers, especially out of Parliament time; yet this hath been rather by the Parliaments and people's permissions, than concessions, and perchance by usurpation, as appears by Sheriffs and Lieutenants of Counties Elections, now claimed by the King, though anciently the Subjects right, as I have proved. And if so, a Title gained only by Connivance or Usurpation, can be no good plea in Bar against the Parliaments Interest, when there is cause to claim it: however; the King's best Title to elect these public Officers, is only by an ancient trust reposed in his Predecessors and him, by the Parliament and Kingdom, with this tacit condition in Law (which * Chapter of Estates upon Condition, Sect. 378, 379. and Cooks Instit. f. 378, 379. Littleton himself resolves is annexed to all Officers of trust whatsoever,) that he shall well and lawfully discharge this trust, in electing such Counsellors, Officers, and judges as shall be faithful to the Republic and promote the subjects good and safety. If then the King at any time shall break or pervert this trust, by electing such great Counsellors, Officers, and Judges as shall willingly betray his Subjects Liberties, Proprieties, subvert all Laws, foment and prosecute many desperate oppressing Projects to ruin or enthral the Kingdom, undermine Religion, and the like (as many such have been advanced of late years;) no doubt the Parliament in such cases as these, may justly regulate, or resume that trust so far into their own hands, as to recommend able, faithful persons to these public places for the future, without any injury to the King's Authority. It was a strange opinion of Hugh Spensers (great favourites to King Edward the second) which they put into a Bill in writing, q See Exilium Hugonis le Dispenser, Old Magna Charta, part. 2. f. 50, 51. Cook l. 7. Calvin's case. f. 11. That homage and the Oath of Allegiance is more by reason of the Crown, then by reason of the Person of the King, and is more bound to the Crown, then to the Person; which appears, because that before the descent of the Crown, no Allegiance is due to the Person. Therefore put case the King, will not discharge his trust well, according to reason in right of his Crown, his Subjects are bound by the Oath made to the Crown, to reform the King and State of the Crown, because else they could not perform their Oath. Now it may (say they) be demanded, how the King ought to be reform? By 〈◊〉 of Law, or by 〈◊〉? By suit at Law, a man can have no redress at all, for a man can have no judge, but these who are of the King's party▪ In which case, if the will of the King be not according to reason, he shall have nothing but ●rrour maintained and con●●med. Therefore it behoveth for saving the Oath, when the King will not redress a thing, and remove what is evil for the Common people, and prejudicial to the Crown, that the thing ought to be reform by force, because the King is bound by his Oath to govern his Liege's and people, and his Liege's are bound to govern in aid of him, and in default of him. Whereupon, these Spensers, of their own private Authority, took upon them by Usurpation the sole government both of King and Kingdom, suffering none of the Peers of the Realm, or the King's good Counselors, appointed by the State, to come near him to give him good counsel, not permitting the King so much as to speak to them but in their presence. But let this their opinion and private unlawful practice, be what it will; yet no doubt it is lawful for the whole State in Parliament, to take course, that this part of the King's Royal trust (the choosing of good public Counselors, Officers, Judges, which much concerns the Republic) be faithfully discharged, by recommending such persons of quality, integrity, and ability to all public places of trust and judicature, as both King and Kingdom may confide in; which will be so far from depressing, that it will infinitely advance both the King's Honour, Justice, profit, and the Kingdoms too. Seventhly, It is undeniable, that the Counselors, Judges and Officers of the Kingdom, are as well the Kingdoms Counsellors, Officers and judges, as the Kings, yea more the Kingdoms than the Kings, because the King is but for the Kingdom's service and benefit. This is evident by the Statute of 14 E. 3. c. 5. which enacts; that as well the Chancellor, Treasurer, Keeper of the Privy Seal, the justices of the one Bench and of the other, the Chancellor and Barons of the Exchequer, as justices assigned, and all they that do meddle in the said places under them, shall make an Oath, well and lawfully to SERVE the King and HIS PEOPLE, in THEIR OFFICES: which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1, 2, 3. 1 Rich. 2. c. 2. swearing and enjoining them: To do even Law, and execution of right to all the Subjects rich and poor, without having respect to any person, etc. And if any of them do, or come against any point of the great Charter, or other Statutes or the Laws of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament, as well at the King's suit, as at the suit of the party. Seeing then they are as well the Kingdom's Counsellors, Officers, judges, as the Kings, and accountable, responsible for their misdemeanours in their places, as well to the Parliament and Kingdom as to the King, great reason is there, that the Parliament, Kingdom (especially when they see just cause) should have a voice in their elections, as well as the King. The rather, because when our Kings have been negligent in punishing evil Counsellors, Officers, judges, our Parliaments out of their care of the public good, have in most Kings reigns, both justly questioned, arraigned, displaced, and sometimes adjudged to death the King's greatest Counselors, Officers and judges for their misdemeanours: witness the displacing and banishing of William r See Hoveden. Mat. Par. Mat. West. Fabian, Polyc. Graf. Speed, Holinshed and Nabrigensis in the light of R. the 1. and Goodwin in this Bishop's life. Longcham Bishop of Ely, Lord Chancellor, chief justice, and Regent of the Realm in Richard the 1. his Reign; Of s Walls Holin. Speed, Graft, in Ed. 1. and Cook's Instit. on Littleton. f. 133. a. Sir Thomas Wayland chief justice of the Common pleas, attainted of Felony, and banished for bribery by the Parliament. 18 Ed. 1. the several banishments of Piers Gaveston and the ● Spensers' (the King's greatest favourites, Officers, Counsellors) for seducing, miscounselling King e See Exilium Hugonis De spenser, Wals. Fabian. Holin. Graft. Speed in the life of E. 2. Edward the second, oppressing the Subjects, and wasting the King's revenues; the removal and condemnation of f M. St. lohns Speech against Ship-money, p, 22, 23. Sir William Thorpe, Chief justice of the King's Bench, for Bribery, 25. E. 3. The fining and displacing of g ● R. 2. c. 1. to 107. Wil Fab. Graf. Holin. Speed. i● 11 R. 2. Michael de 〈◊〉 Pole Lord, Chancellor, Alexander Nevell, and divers other great Officers, and Privy Counselors, with the condemning, executing, and banishing of Tresilian 〈◊〉, and other Judges, in 10, & 11 Rich 2. by Parliament, for ill Council, and giving their opinions at Nottingham against Law. Of h 1 H 8. c 15. Holl. Speed, Grafton S●ow, Martin in H 8. & Ed. 6 Empson, Dudley, and that grand Cardinal Wolsey, Lord Chancellor, and the King's chiefest Favourite and Counsellor, in Henry the eight his Reign: Of the Duke of Somerset, Lord Protector, and his Brother, Lord Admiral, for supposed Treasons in Edward the 6th. his Reign: Of Sir Francis Bacon Lord Keeper, and Cranfield Lord Treasurer, in King james his latter days; with infinite other precedents of former and latter ages; and one more remarkable than all the rest: i Antiq. Ecclesiae Brit pag. 275, 28, 282. Walsing. Hist. pa. 181. Ypodigm Neust. p. 132. Caxton. part 7. 46 E 3. Gra● p. 317. In the Year 1371. (the 45. of King Edward the third his Reign) and somewhat before, the Prelates and Clergymen had engrossed most of the Temporal Offices into their hands; Simon Langham Archbishop of Canterbury, being Lord Chancellor of England, john Bishop of Bath, Lord Treasurer, William Wickam Archdeacon of Lincoln, Keeper of the Privy Seal, David Wolley Master of the Rolls, john Troy Treasurer of Ireland, Robert Caldwell Clerk of the King's Household, William Bugbrig, general Receiver of the Duchy of Lancaster, William Ashby Chancellor of the Exchequer, john Newneham and William de Mulso Chamberlains of the Exchequer, and keepers of the King's Treasury and jewels; john Roxceby Clerk and controller of the King's works and Buildings, Roger Barnburgh, and 7 Priests more, Clerks of the King's Chancery, Richard Chesterfield the King's under-Treasurer, Thomas Brantingham Treasurer of Guives, Merke and Calis; All these Clergymen (who abounded with pluralities of rich Spiritual Livings, though they Monopolised all these temporal Offices:) in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords, were displaced at once from these Offices (no way suitable with their functions) and Laymen substituted in their places: And a like k Antiq. Eccles. Brit. pag. 21. precedent I find about 3 Hen. 3d. where the Clergy Lord Chancellor, Treasurer, with other Officers were removed, upon a Petition against them, and their Offices committed to Temporall-men, whom they better beseemed. If then the Parliament in all Ages hath thus displaced and Censured the greatest Counsellors, State-Officers, judges for their misdemeanours, ill Counsel, insufficiency, and unfitness for these places, (contrary to that twice condemned false opinion, of the overawed judges at Nottingham in 11 R: 2. * R 2. c. 12. Graft. p. 35●, 353. Walsing. Ypodig. Newt. p. 146, 147. That the Lords and Commons might not without the Kings will impeach the King's Officers and justices upon their Offences in Parliament, and he that did contrary was to be punished as a Traitor;) and that upon this very ground, that they are the Kingdoms Counselors, Officers and justices, as well as the Kings, and so responsible to the Parliament and Kingdom for their faults. I see no cause why they may not by like reason and authority, nominate and place better Officers, Counselors, judges in their steeds, or recommend such to the King, when and where they see just cause. Eightly, l Commonwealth li. 1. ca 10. p. 167, 168. john Bodin a grand Politician, truly determines and proves at large, That it is not the right of election of great Officers, which declareth the right of Sovereignty, because this oft is, and may be in the Subjects, but the Prince's approbation, and confirmation of them when they are chosen, without which they have no power at all. It can then be no usurpation at all in the Parliament upon the King's Prerogative, to nominate or elect his Counsellors, great Officers, and judges, or recommend meet persons to him (which is all they require) so long as they leave him a Power to approve and ratify them by Writs or special Patents, in case he cannot justly except against them; Of which power they never attempted to divest his Majesty, though he be no absolute, but only a politic King, m De lau●legum Angliae, l. 9, 13, 14. as Fortescue demonstrates. Ninthly, It hath been, and yet is usual in most Foreign Kingdoms, for the Senate and people to elect their public Officers and Magistrates, without any diminution to their King's Prerogative. In n Bodin. Com. wealth, l● 1 ea. ●0. Livy, Hist. l, ●, 2, ●, 4, 7, Dionys Hol. l 3. & 3 Polib. hist. l. 6. See the Appendix. the Roman State, the people and Senate not only constantly elected their Kings and Emperors, but all their other grand public Officers and Magistrates, (as Consuls, Tribunes, Dictator's, Senators, Decemviri, and the like) were elected by the people; who prescribed them Laws, Oaths, and had power to question, to punish, remove and censure them when they offended. o Arist. Polit. l 2. c. 10. l. 3. c 7. Solon and Aristotle, with other great Politicians, debating this Question; Whether the power of Electing and censuring the Magistrates, and chief Officers ought to resids in the people? Conclude offirmatively, That it is most necessary and convenient, this power should rest in the people; because else the people shall become both the servants and enemies of their Princes, if they have not this power; and because all the people together are more considerable, and better able to judge of the goodness and fitness of Magistrates for them, than any few select particular men, which are more apt to be seduced with by-end●, than a great multitude. Whence, among the Lacedæmonians, and in most Kingdoms and Republics in Greece, the people had both the election, yea and correction of their Magistrates and chief State Officers, as they manifest. In the Kingdom of p Hieronym. Blanca A●agone●sium rerum Comment. p 588, 589, 590, 716 to 724. 747 to 762. Arragon, in Spain, their ancient Suparbiense Forum, their justitia Aragoniae, and Rici homines, (who are their principal Magistrates, Great Counsel of State, and Privi● Counselors to their King both in War and Peace; having power over their Kings themselves, to examine and censure all their Actions, and remove them if there be cause;) with all their Members, Knights and Burgesses of their Parliaments; (held formerly once a year, but now once every second year, by fixed Laws;) anciently were, and at this day are elected by the People and not the King. * Bodin. Com. wealth. l. 3. c. 1. p. 25●. In q Munst. cos. l. 3. c. 22, 23, etc. the German Empire, the Electorship, Chancellourship, and all great Offices of State, are hereditary and successive, not chosen by the Emperor: and the greatest part of inferior Magistrates, are elected in most Provinces and Cities by the people. In Polonia the Archbishop of Gnesne, is by inheritance always Chancellor of the Realm. In r Bodin. Com. weal. l 1. c 10. N●chol. Is't huanf●●● de rebus. Vngar. Hist. l. 6. p. 84, 85. Anno 15, 17. Hungary, the great Palatine, the chiefest Officer of that Kingdom, next to the King himself, who at home determineth and judgeth all differences between the King and Subjects, according to the Laws of that Realm (est enim apud Panonios in usu, Regem si quid contra Legem fecerit, legibus subijci) and during the interregnum, hath right to summon Parliaments, and general assemblies of the Estates; yea, the chief hand and power in electing a new King; and the Sovereign command in the Wars, Adeo ut sontes punire, bene de re publica ●●ritis praemia discernere, fundosque qui 20. vel 30. agricolarum capaces sunt juris haer●ditarij nomine conferre possit, etc. (as Nicholaus Isthuanfus writes) is elected by the States and Parliament of Hun●ary, not the King. * Bodin li. 1. c. 10. and the general History of Venice. And in this manner Bethrius was elected Palatine in a full assembly of the States, Senatus, Nobili●ti●sque consensu, Anno Dom. 1517. and the Vayvode put by. In * See Munster Pontanus, Olaus Magnus, 〈◊〉 others. Venice, the Senate and people choose all the great public Officers, not the Duke. In Poland (where the King is elective) by the Law of Sigismond Augustus, all the Magistrates of every Country were to be chosen, by the particular States of every Government, and so they are now. In Denmark, and Sweden, and Bohemia, the Kings themselves are Elective by the States and people, and most of their public Officers too. When t Bodin l. ●. c. 10, Ca●siodor l 1. Epist. Rome and Italy were under the Gothish Kings, they still elected their public Officers, as is evident by King Theodoricus Letter of approbation of their Election, in these words. Our consent, Reverend, Fathers, doth accompany your judgement. In u Mat● W●st. An. 1295. p. 399 Walsing. Hist. Angl p 28. & Ypod●gma, p. 79. Scotland, Anno 1295. the Scots in King john Bayliols' Reign, considering his simplicity and unap●n●sse, elected them 12. Peers, after the manner of France: (to wit) 4. Bishops, 4. Earls, and 4. Lords, by whose counsel the King ought to Govern the Realm, and by whose ordination all the affairs of the Kingdom should be directed; which was principally done in affront of King Edward the first, by whom this john was made King of Scotland, in some sort against the Scots good liking; some of them secretly murmuring against it. In France itself, where the King (as * Bod. l 1. c. 10. l. 2. c. 5 Cassanaeus Ca●al. gloriae mundi. ●onsid 24. some think, and write, is an absolute Monarch,) the greatest public Officers anciently, have sometimes been Elected by the Three Estates of Parliament. y Math Paris. p 8●5. Anno 1253. The States of France, Elected the Earl of Leycester their Grand Seneschal, and chief Counsellor of State, to advise them, and their desolate estate, what to do. z Bodin l. 1. c 10. In the Year 1324. Arthur Duke of Britain was chosen Constable of France, by the voice of all the Peers, of the Great Counsel, and Parliament; and thereupon was admitted to that Grand Office. a Fabian, ●●rt. 7▪ p. 182. to 1●0. In the Year 1357. the 7th. of King john of France, the Archbishop of Rouen, Chancellor of France, Sir Simon de Bury, chief Counsellor of the King, and of the Parliament, Sir Robert de Lorize, Chamberlain to the King, Sir Nicholas Broke, Master of the King's Palace, Eguerrain, Burges of Paris, and Under-Treasurer of France, john Priest, Soveraigne-Master of the Money, and Master of the Accounts of the King, and john Chauneon, Treasurer of the King's Wars, were all complained of by the Three Estates of France, assembled in Parliament, for misguiding the King and Realm, their goods confiscated to the King, themselves removed from these Offices, and others elected in their places by the States. In b Bodin. l. ●. c. 10. the Year 1408. by a Law made in the Parliament at Paris, it was decreed, That the Officers of the High Court of Parliament should be made by the Parliaments Election, and those then vacant were so; which Law was again revived by King Lewis the 11th. in the Year 1465. And after him in the time of Charles the 8th. not only the Precedents, the King's Counselors and Advocates were made by election, but even the King's Attorney General (the only man of all the body of the Court, that oweth not Oath but to King only) was chosen by the suffrages of the Court, in the Year, 1496. though their Letters of Provision and confirmation of their Election then were, and yet are always granted by the King. About the c Walsin. hist. p 235, 236. Fabian, part. 7 p 317. Year, 1380. the Earl of Flanders who had regal Jurisdiction, exacting new Customs and Taxes from his Subjects, contrary to their Liberties, they thereupon expelled him, with all his Family and Counselors out of their Country, And refused upon any terms to submit to his Government, unless he would remove all his evil Counselors from him, and deliver them into their hands to be punished, Et recipere SOLUM VELIT CONSILIARIOS EX COMMUNIS WLGI DECRETO, and would receive such Counselors only as his people by common decree should assign him; which he was constrained, sore against his will to condescend too, ere they would restore him. Since then the Counsellors, Magistrates, Judges, and Prime Officers of State in most other Kingdoms, have been thus elected by the people and Parliaments without any enchrochments upon their King's just Regalities; Why our Parliament now may not claim and enjoy the like Privileges, without any impeachment of the King's just Prerogative? transcends my understanding to conceive. Finally, our own Parliaments in most Kings Reigns, have both claimed and enjoyed this power of Electing Privy Counselors, Chancellors, Treasurers, Judges, and other great Officers of State, and created some new Officers of far higher quality and power (to govern both King and Kingdom) than any the Parliament desires, 〈◊〉 are in truth fitting for them to create, unless in cases of absolute necessity, to prevent the Kingdoms utter ruane. To give you some few principal instances of many. In the d Math. Paris▪ Hist. An 1214, 1215. p 243. to 28. Math. Year 1214. the 16 Year of King john's reign, In a Parliament held at ●●●ning-Meade, near Windsor; for the settling and securing of Magna Charta, and other the Subjects Laws and Liberties formerly granted by Henry the 1. it was agreed by King john, Westm. Walsing. Ypodig. Polychron. and Enacted, That there should be 25 Barons Chosen, such as the Lords would, who should to their uttermost power cause the same to be held and observed. And that if either the King or his justiciar should transgress in any Article of the Laws, Fabian Caxton. Grafton, Stow Hollinshed. Polydor. and the offences showed, 4 Barons of the 25. should come to the King, or in his absence out of the Kingdom, to the chief justiciar, and declare the excess, requiring without delay, redress for the same; which if not made within 40. days after such declaration, Virg. An. 141 ● Daniel, p, 143, 144. Speed, p. ●78. to 567. those 4 Barons should refer the cause to the rest of the 25, who with the Commons of the Land, might distrain and enforce the King by all means they could (by seizing upon his Castles, Lands, and Pessessions, or other goods; his Person excepted, and that of his Queen and Children,) till amends be made according to their Arbitration. And that whosoever would should take their Oath for the execution hereof, and obey the Commandment of the 25. Baron's herein without prohibition. And if any of them dissented, or could not assemble; The Major part, to have the same power of proceeding: Hereupon there are 25. Barons chosen to b● Conservators of Magna Charta, and the Subject's Privileges (whose Names you may read in Matthew Paris) who by the King's Consent, took an Oath upon their souls; that they would keep these Charters with all diligence, and Compel the King, if he should chance to repent (as he did soon after) to observe them: Which done: all the rest of the Lords, than likewise took another Oath, to assist and obey the Commands of those five and twenty Barons. In the Year 1221. e Francis Thin, his Catalogue of Protectors. Holinshed vol. 3. col. 1073. Hugh de Burgh, was made the Protector, or Guardian of the Realm by a Parliament, held at Oxford. In the Year 1222. I read in f Hist. Angl. p. 305. Godw. Catalogue of Bishops, p. 386. Math Westm. An. 1222. pa. 1●3. Matthew Paris, and others, that Ralph Nevil Bishop of Chichister, was made Keeper of the Great Seal, and Chancellor of England, by assent of the whole Kingdom (in Parliament,) to wit, in such sort, Vt non deponeretur ab ejusdem sigilli. custodia, NISI TOTIUS REGNI ORDINANTE CONSENS●V & CONSILIO, That he should not be deposed from the custody of the said Seal, but BY THE ORDINANCE, CONSENT and COUNSELL OF THE WHOLE REALM. Lo here the greatest Officer of the Realm, not only elected, but confirmed by Parliament, so as not to be displaced but by the consent of the whole Realm, whose public Office● he was. Hereupon King Henry afterward, taking some distaste against Ralph (because the Monks of Winchester elected him Bishop of that Sea against his good liking) took away the Seal from him, and delivered it to Geoffrey of the Temple, in the 22● g Math. Paris p. 456. Franc. Thin, his Catalogue of Chancellors in Holinshed, volume. 3. c. fol. 1275. Math. West. An 1238. pag. 149. . Year of his Reign; but yet he held his Chancellors place still, and took the profits of it, during all his life; though he refused to take the Seal again, when the King offered to restore it him, the 23. of his Reign. Quod per Consilium praedicto Cancellario commissum fuit TOTIUS REGNI. h Math. West. An 1248. pag 229. 233. Math. Paris An 1248. pag 719, 720, 725. Math. Paris Hist. An. 1230. p. 415. Daniel, Hist p. 157. Edit. ●6, 4. After which he being restored to the Seal by the Parliament, An. 1236. this King removed Ralph the Steward of his Household, with certain other his Counselors, and great Officers of his House, from his Counsel, and their Offices; and he likewise most instantly required his Seal from this Bishop of Chichester his Chancellor, who executed his Office unblamably, being a Pillar of Truth in the Court, But the Chancellor refused to deliver it, seeing the violence of the King to exceed the bounds of Modesty; and said, That he could by 〈◊〉 means do it, Cum illud COMMUNI CONSILIO REGNI SUSCEPISSET, since he had received it by the common Counsel of the Kingdom; wherefore he could not resign it to any one WITHOUT THE COMMON COUNSELL OF THE REALM; to wit, the Parliament. * Math Paris H●st p. 4●o, 421 Daniel. p. 157. Anno Dom. 1237. King Henry the third summoning a Parliament at London, because it seemed somewhat hard to sequester all his present Counsel from him suddenly, as reprobate, it was concluded, that the Earl Warran, William de Ferarijs, and John Fitz Geoffrey should be added to his Privy Counsel; whom the King caused to swear, That by no means, neither through gifts, nor any other manner, they should deviate from the way of truth, but should give good and wholesome council both to the King himself and the Kingdom. Whereupon they granted him a Subsidy of the thirtieth part of their goods, upon condition; that from thenceforth, and ever after forsaking the Counsel of strangers and all unnatural ones (qui semper sui & non Regni amici esse consueverunt, & Regni bona distrahere, non adunare) he should adhere to the counsel of his faithful and natural subjects. Et sic soluto consilio non sine interiori murmuratione & multa concepta indignatione, ●o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent; & consilijs eorum, a quibus omnem honorem terrenum habet, obsecundarent, ad propria quisqueremeavit. But this prefidious King, & Regni delapidator, as the Barons and Historians style him, contrary to his solemn Oath and promise, would not be weaned from his evil Counselors but retained them still, till by force of Arms they were removed and banished. In the x Math Paris an. 1●●4. p 61● to 623. Danie's Hist. p. 161, 162 Year 1244. the 28 of Henry the third his Reign (the Bishop of Chichester, that faithful Stout Chancellor made by Parliament, dying, and the place continuing void for a space) in a Parliament at London, the Lords and Commons complained, That for defect of a Chancellor, divers Writs were granted against justice, and they demanded, that by THEIR ELECTION a justiciar and Chancellor might be made, by whom the state of the Kingdom might be settled AS IT WAS ACCUSTOMED. The King promised to reform all things himself, lest he might seem thereto compelled by them: which they gave him a convenient time to effect, and so adjourned; promising to give him an aid at their next meeting, if in the mean time, he redressed things amiss, according to promise: Which he failing to do. At their next meeting, They demanded Magna Charta to be confirmed, which they had divers times dear purchased, and a new Charter to be made for that purpose, That all the infringers thereof should be solemnly Excommunicated by the Bishops. And because the King had not hitherto observed the great Charter, notwithstanding his Oaths and promises, and Saint edmond's Excommunication against him by infringing it, lest the like danger should happen in after times, and so the last error be worse than the first, BY COMMON ASSENT they elected 4 of the most Polytick discreetest men of all the Realm, Who should be of the King's Counsel, and swear that they would faithfully manage the affairs of the King and Kingdom, and would administer justice to all men, without respect of persons: That these should always follow the King; and if not all, yet two at the least, should be present with him, to hear every man's complaint, and speedily relieve such as suffered wrong. That the King's Treasury should be issued by their view and testimony, and that the money specially granted by all, should be expended for the benefit of the King and Kingdom, in such sort, as should seem best, and most profitable. And that these shall be Conservators of their Liberties. And that as they Are Chosen by the assent of all, so likewise not any of them should be removed, or deprived of his Office, without Common assent, That one of them being taken away, by the election and assent of the three, another should be substituted within two Months. Neither without them, but when there shall be necessity, and at their Election, may all meet again. That the Writs impetrated against the Law and Custom of the Realm, should be utterly revoked and canceled. That Sentence should be given against the Contradictors. That they should oblige one another to excute all this by a mutual Oath. That the Justiciar and Chancellor should be chosen by the general Voices of all the States assembled: and because they ought to be frequently with the King, may be of the number of the Conservators. And if the King by any intervenient occasion shall take away his Seal from the Chancellor, whatsoever shall be sealed in the interim, shall be reputed void and frustrate, till restitution of it be made to the Chancellor. That none be substituted Chancellor, or justiciar, but by the universal assembly and free assent of all. That Two justices may be chosen of the Bench; Two Barons of the Exchequer ordained: And at least One justice of the jews deputed: That at this turn All the said Officers should be Made and Constituted by the Common Universal and Free Election of All, That like as they were to ●andle the Businesses of All, Sic etiam in eorum Electionem concurrat assensus singulorum; So likewise For their Election the Assent of all should Concur. And afterwards, when there shall be need to substitute another in any of the foresaid Places, this Substitution shall be made by the Provision and Authority of the Four Counselors aforesaid. That those hitherto suspected, and less necessary should be removed from the King's side. But whiles these businesses, over-profitable to the Commonwealth, had been diligently handled by the Lords for three week's space; the enemy of mankind, the disturber of peace, the raiser of sedition, the devil (as Matthew Paris writes) unhappily hindered all these things by the Pope's avarice, through the coming of Martin a new Legate, with a larger power than any ever had before to exact upon the State; the interposition of which business in Parliament, where it received a peremptory repulse, took up so much time, that the former could not be fully concluded during that Parliament. Whereupon after this, in the Year 1248. h Mat. West. An. 1248. p. 229, 233. Mat Paris, An. 1248 p. 71●, 720, 725. See p. 420, 421 Daniel, p. 164. King Henry call a general Parliament at London to take an effectual course for the settling of the distractions and grievances of the Realm; and therein demanding an aid; he was grievously reprehended for this, That he was not ashamed then to demand such an aid, especially because when he last before demanded such an exaction (to which the Nobles in England would hardly assent) he granted by his Charter, that he would no more do such an injury and grievance to his Nobles: they likewise blamed him for his profuse liberality to foreigners, on whom he wasted his Treasure; for marrying the Nobles of the Land against their wills to strangers of base birth; for his base extortions on all sorts of people, his detaining the Lands of Bishops and Abbots long in his hands during vacancies, contrary to his Coronation Oath, etc. But the King was especially grievously blamed by all and every one; who complained not a little, for that * Daniel tenders it thus: They all generally complain for that the chief justiciar, Chancellor and Treasurer WERE NOT MADE BY THE COMMON COUNCIL OE THE KINGDOM, according AS THEY WERE IN THE TIME OF HIS MAGNIFICENT PREDECESSORS, and AS IT WAS FIT and EXPEDIENT. LIKE AS HIS MAGNIFICENT PREDECESSORS KINGS HAVE HAD, justiciarium nec Cancellarium ha●et, nec Thesaurarium, PER COMMVNE CONSILIUM REGNI, prout deceret & expediret, he had neither a Chief justice, nor Chancellor, nor Treasurer made, by the Common Council of the Kingdom as it was fitting and expedient; but such who followed his pleasure whatsoever it was, so it were gainful to him, and such as sought not the promotion of the Commonwealth, but their own, by collecting Money, and procuring Wardships, and Rents, first of all to themselves; (A clear evidence, that these Officers of the Kingdom were usually of right created by the Parliament, in this Kings and his Ancestors times:) When the King heard this he blushed, being confounded in himself, knowing all these things to be most true: he promised therefore most truly and certainly, that he would gladly reform all these things, hoping by such a humiliation, though feigned, more readily to incline the hearts of all to his request; To whom, taking counsel together, and having been oft ensnared by such promises; they all gave this answer: This will be seen, and in a short time it will manifestly appear to all men; therefore we will yet patiently expect; and as the King will carry himself toward us, so we will obey him in all things: Whereupon all things were put of and adjourned till 15 days after Saint john Baptists feast; But the King in the mean time, obdurated either by his own spirit, or by his Courtiers, who would not have his power weakened; and being more exasperated against his people, regarded not to make the least reformation in the foresaid excess●s, according as he had promised to his liege people, but instead thereof, when all the Nobles and Parliament met again at the day prefixed, firmly believing that the King, according to promise, would reform his errors, and follow wholesome counsels, gave them this displeasing answer, by his ill Counsellors: (from whom his Majesty's evil advisers lately borrowed it.) You would, all Ye Primates of England, very uncivilly bind your Lord the King, to your will, and impose on him an over-servile condition, whiles you would impudently deny to him, that which is lawful to every one of yourselves. Verily it is lawful to every one, to use whose and what council he listeth. * These ill Counsellors forgot, that there is a great vast difference between private Menial servants of the King, and public Officers of the Kingdom; so that their Argument is but a fallacy. Moreover it is lawful to every householder to prefer to, put by, or depose from this or that Office any of his Household, which yet you rashly presume to deny to your Lord the King; especially when the servants ought not at all to judge their Lord, nor the vassals their Prince; nor to restrain him with their conditions; Yea verily, who ever are reputed * But the whole Parliament and Kingdom which they represented, were not inferior but above the King himself, who was but the Kingdom's Officer and public servant; and so this reason made more against then for the King. inferiors, ought rather to be directed by the pleasure of their Lord, and to be regulated by his will; for the servant is not above his Lord, nor yet the Disciple above his Master. Therefore he should not be as your King, but as your servant, if he should be thus inclined to your will. Wherefore he will neither remove Chancellor, nor justice, nor Treasurer, as you have propounded to him to do; neither will he substitute others in their places: He likewise gave a cavilling answer to the other Articles though wholesome enough to the King, and demanded an aid to recover his right in foreign parts. When the Barons heard this answer, it appeared more clear than the light, that these things sprung from those ill Counsellors, whose weakened power would be utterly blown up, if the Council of all the Baronage should be harkened to; Wherefore they all gave this unanimous peremptory answer; That they would grant no aid at all to impoverish themselves, and strengthen the enemies of the King and Kingdom: and so the Parliament being dissolved with indignation, unusquisque spe fraudatus a Parliamento frustra diu expectato, nihil nisi sannas, cum frivolis amissis laboribus cum expensis, ut solent saepius, reportarunt: Which when the king had seen he was put into a vehement anger, and said to his Counsellors; Behold by you the hearts of my Nobles are turned from me; Behold I am like to lose Gascoigne, Poyteirs is spoilt; and I am destitute of Treasure; What shall I do? Whereupon to satisfy him, they caused his Plate and jewels to be sold, and invented sundry new projects to raise moneys. The very * Mat. Paris, Hist. p. 740. Dan, p. 165. next Year 1249. the Lords assembling again at London at the end of Easter pressed the King with his promise made unto them, That the chief justiciar, Chancellor, and Treasurer might BE CONSTITUTED BY THE GENERAL CONSENT OF THE KINGDOM; which they most certainly believed they should obtain: but by reason of the absence of Richard Earl of Cornwall, which was thought to be of purpose, they returned frustrate of their desire for that time. * Dan. p. 171, 172. Anno 1254. in another Parliament summoned at London, in Easter Term, the Lords and Commons require and claim again their former Rights in electing the justiciar, Chancellor, and Treasurer; but after much debate the Parliament is prorogued, and nothing concluded. Yet the Lords and Commons would not be thus deluded of their right, which to regain, they strained their Jurisdiction to an higher Note than ever they had done before. For in the l Mat Paris p. 940, 941, 942, 9●0 Mat West an 1258 to 1262. p. 277, 278, 300, 307. to 312. Fabian part. 7 p. 64 to 73. Graf. p. 137. to 145. Speed p. 635, 636. etc. Holin. Dan Stow, and others. Year 1258. the Barons seeing the Realm almost destroyed with Taxes, and exactions, and Poictovines to domineer and rule all things in England, effectually to redress these grievances, and reform the State of the Realm, in a Parliament at Oxford, (to which they came very well armed) by advise of some Bishops; among other Articles, they demanded of the King, That such a one should be chief justiciar who would judge according to Right, etc. And that 24. (others write 12. persons, (Whom Fabian styles the Douze Peers) should there be chosen, to have the whole administration of the King and State (by reason of the King's former misgovernment) and the YEARLY APJOINTING OF ALL GREAT OFFICERS; reserving only to the King the highest place at meetings, and salutations of honour in public places. To which Article the King, and his So●ne Prince Edward, out of fear, not only assented and subscribed, but likewise took a solemny Oath to perform them; all the Lords and Bishops taking then the like Oath, to hold and maintain these Articles inviolably; and further they m●de all that would abide in the Kingdom, to swear also to them; the Arch-Bishops and Bishops solemnly accursing all such as should Rebel against them. Which Articles the King and his Son labouring by force of Arms to annul, they were notwithstanding enforced to confirm them in 3. or 4 subsequent Parliaments. By virtue of these Articles enacted thus in Parliament, those Lords not only removed old Sheriffs of Counties appointed by the King, and put in new of their own choosing; but likewise displaced Philip Lovel the King's Treasurer, with divers Officers of the Exchequer, and sundry of the King's menial servants, setting others whom they liked in their places; and made Hugh Bygod, Lord Chief Justice, who executed that Office valiantly and justly, nullatenus p●rmittens jus Regni vacillare; creating likewise a new Chancellor and removing the old. After this in a Parliament at London, Anno 1260. they consulted about the electing of new Justices, and of the Chancellor and Treasurer of England for the following year, (these places being made annul by the former Parliament:) in pursuance whereof, Hugh Bigod his year expiring, Hugh Spenser was by the Lords and Parliament appointed to be his successor, and made Lord Chief justice, and likewise Keeper of the Tower of London, by the consent of the King and Barons; and by authority of this Parliament, the Abbot of Burgh, succeeded john de Crakedale in the Treasurership, and the Great Seal of England was by them committed to the custody of * See Francis Thin his Catalogue of Chancellors of England Holinshed. vol. 3. Col 1276 daniel's History, p. 139, 195. Richard then Bishop of Ely. The very next year 1261. the Barons, with the consent of the selected Peers, discharged Hugh Spenser of his chief justiceship, when his year was expired, and substituted Sir Philip Basset in his room; In which year the King appointed Justices of Eyre through England, without the Lords, contrary to the Provisions of the Parliament at Oxford: they coming to Hereford to keep a Sessions there, and summoning the County to appear before them on Hockeday; divers chief men of those parts, who sided with the Barons assembled together, and strictly commanded those judges not to presume to si●, against the Ordinances of Oxford, neither would any other of the people answer them in any thing: whereupon acquainting the King with this opposition, they departed thence without doing aught: and the King making this year new Sheriffs in every Cownty, displacing those the Barons had made; the inhabitants of each County hereupon marfully repulsed them, and would not obey, nor regard, nor answer them in any thing; whereat the King was much vezed in mind: and upon a seeming show of reconciliation to the Barons, going to Dover and Rochester Castles (committed to the Baron's custody for the Kingdom's safety) they permitted him to enter peaceably into them without any resistance: Upon which, minding to break his former oaths for the keeping of the Oxford Articles, he first seizeth upon these and other Castles, and then coming to Winchester Castle where he had free entrance permitted him by the Barons (who suspected no ill dealing, he took it into his own custody; whether he called to him the Chief justice and Chancellor, not long before made that year, by the Barons; commanding them to deliver up the Seal and justice's Rolls unto him; who answered, that they could by no means do it, without the Baron's consent and pleasure concurring with the Kings, with which answer the King being moved, presently without consulting with the Baronage, made Walter Merton Chancellor, and the Lord Philip Basset Chief Justice to him and the Kingdom; removing those the Barons had appointed from those and other places. Which the Barons hearing of, considering that this was contrary to them and their provisions, and fearing lest if the King should thus presume, he would utterly subvert the Statutes of Oxford, thereupon they posted to the King, guarded with Arms and power, and charged him with the breach of his Oath; forcing him at last to come to an agreement with them; which the King soon violating; the Barons and he raised great Forces, met and fought a bloody battle at Lewes in Sussex; where after the loss of 20000. men, the King and his Son Prince Edward, with sundry Lords of his party were taken and brought Prisoners to London: where all the Prelates, Earls, and Barons, meeting in Parliament (Anno 1265 as Matthew Westminster computes it) made new Ordinances for the Government of the Realm; appointing among other things, that two Earls, and one Bishop elected by the Commons should choose 9 other Persons, of which three should still assist the King; and by th● Counsel of those three and the other nine, all things should be ordered, as well in the King's House as in the Kingdom, and that the King should have no power at all to do any thing without their Counsel and assent, or at least without the advice of three of them. To which Articles the King (by reason of menaces to him, to elect another King) and Prince Edward (for fear of perpetual Imprisonment if they consented not) were enforced to assent; all the Bishops, Earls and Barons consenting to them, and setting their Seals to the Instrument wherein these Articles were contained. After which the Earl of Leicester and his two Sons, being three of the twelve, divided all the King's Castles and strong holds between them, and bestowed all the chief Offices in the King's House, upon his Capital enemies; which indiscreet, disloyal carriage of theirs, much offended not only the King and Prince, but the Earl of Gloucester and other of the Barons; so that they fell off from the Earl to the King and Prince, and in a battle at Eusham slew the Earl, and most of his Partisans; after which victory the King calling a Parliament at Winchester, utterly repealed and vacated those former Ordinances: which had they only demanded the Nomination of great Officers, Counselors and Judges to the King, and not entrenched so far upon his Prerogative, as to wrest all his Royal power out of his hands, not only over his Kingdom, but household too; I doubt not but they had been willingly condescended to by the King and Prince as reasonable, and not have occasioned such bloody wars to repeal them by force. In K. Edward the second his Reign, the Lords and Commons by an Ordinance of Parliament, having banished out of Court and Kingdom Pier; Gaveston, his vi●ious favourite, and pernicious grand Counsellor) in a c Exilium Hugonis De le Spenser: Magna Charta, part. 2. f. 50. Speed, p 764, 675, 680. See Walsing Fa●▪ Holinshed in Ed ●. Parliament held at Warwick, nominated and constituted Hugh Spenser the Son, to be the King's Chamberlain; and in that Parliament further enacted; that certain Prelates and other Grandees of the Realm should remain near the King by turns, at set seasons of the Year, to counsel the King better, without whom no great business ought to be done: challenging (writeth Speed) by sundry Ordinances mad● by them in Parliament, not only a power to reform the King's House and Council, and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASURE, but even a joint interest in the Regiment of the Kingdom. After which the Spensers' engrossing the sole Regiment of the King and Kingdom to themselves, and excluding those Lords from the King, appointed by the Parliament to advise him, not suffering the King so much as to speak with them but in their presence; they were for this and other offences banished the Land by Act of Parliament. This King towards the end of his reign, after the Queen's arrival with her Army, obscuring himself and not appearing; by f Speed, p. 680. advice and consent of the Lords, the Duke of Aquitaine was made High Keeper of England, and they, as to the Custos of the same, did swear him fealty; and by them Robert Baldock Lord Chancellor was removed, the Bishop of Norwich made Chancellor of the Realm, and the Bishop of Winchester Lord Treasurer, without the King's assent. In the 15 Year of K. Edward the 3d. chap. 3, 4. there was this excellent Law enacted. Because the points of the great Charter be blemished in divers manners, and less well holden than they ought to be, to the great peril and slander of the King, and damage of the people; especially in as much as Clerks, Peers of the Land, and other freemen be arrested and imprisoned, and outed of their goods and Cattles, which were not appealed nor indicted, nor suit of the party against them, affirmed; It is accorded and assented that henceforth such things shall not be done. * Note this. And the like Law was enacted in 1. H. 4. Fabians. part, 7 p. 376. And if any Minister of the Kings, or other person of what condition he be, do or come against any part of the great Charter, or other Statutes, or the Laws of the Land, he shall answer to the Parliament, as well as the suit of the King, as at the suit of the party, where no remedy nor punishment was ordained before this time, as far forth WHERE IT WAS DONE BY COMMISSION OF THE KING, as of his own Authority; notwithstanding the Ordinance made before this time at Northampton, which by assent of the King, the Prelates, Earls, and Barons, and the Commonalty of the Land, in this present Parliament is repealed, and utterly disannulled. And that the Chancellor, Treasurer, Barons and Chancellor of the Exchequer, the justices of the one Bench and of the other, justices assigned in the County, Steward and Chamberlain of the King's house, Keeper of the Privy Seal, Treasurer of the Wardrobe, Controller, and they that be chief deputed to abide nigh the King's Son Duke of Cornwall, shall be now sworn in this Parliament, and so from henceforth at all times that they shall be put in Office, to keep and maintain the Privileges and Franchises of holy Church, and the points of the great Charter, and the Charter of the Forest, and all other Statutes, without breaking any point. Item, It is assented, that if ANY THE OFFICERS AFORESAID, or chief Clerk to the Common Bench, or the King's Bench, by death or other cause be out of his Office; that our Sovereign Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County, which he shall take towards him, and by good Council which he shall have about him, shall put another convenient into the said Office, which shall be sworn after the form aforesaid. And that in every Parliament at the third day of the same Parliament, the King shall take to his hands the Offices of all the Ministers aforesaid; and so shall they abide 4 or 5 days, except the Offices of justices of the one place and the other, justices assigned, Barons of the Exchequer; so always that they and all other Ministers be put to answer to every complaint. And if default be ●ound in any of the said Ministers by complaint or other manner, and of that be attainted in the Parliament, he shall be punished by judgement of his Peers out of his Office, and other convenient set in his place. And upon the same, our said Sovereign Lord the King shall do to be pronounced to make execution without delay, according to the judgement of the said Peers in the Parliament. Lo here an express Act of Parliament g See the Preamble of this Statute accordingly in the Statutes at large. ordained and established by King Edward the third, by assent of the Prelates, Earls, Barons, and other great men, and of all the Commonalty of the Realm, which this King did give and grant for him and his heirs, firmly to be kept and holden for ever; that all great Officers, Barons, judges and justices of the Kingdom, and chief attendants about the King and Prince, should not only take the forementioned Oath, but be elected always by the accord of the great Men, and good Council near and about the King, out of Parliament, and by the Peers in Parliament, and the King bound to make execution according to their judgement. This Law (as I conceive) was never legally repealed by Parliament, but only by this King's h See the revocation the Statute the same year by Proclamation; in the Statutes at large. Proclamation, by the ill advice and forced consents of some few Lords and Counsellors about him; upon pretence, that he never freely assented to it, but by dissimulation only to obtain his own ends, that Parliament, which else would have miscarried and broken up in discontent had not this Law been granted in manner aforesaid. Which consideration makes me confident, that the Parliament being so eager to obtain this Law, would never so soon yield wholly to repeal it, and so for aught I know it stands yet in force, to justify the present Parliaments claim in this particular. In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1, 2, 3. divers notable Oaths are prescribed to judges, justices and other Officers, and that they shall not delay nor forbear to do right for the King's great or little Seal, or any letters from him or any other, but go forth to do the Law, notwithstanding them: In the Year 1375. the 50 of Edward the 3d. his reign, a * Walsin Hist. Ang, p. 185, 186● 187. Fabian, part. 7. p. 260. Graft. p 320, 321. Speed p. 72●. Hol. Ypodig-N●ust p. 1340. 135. Parliament, (commonly called the good Parliament by our Historians) being assembled, the King required a Subsidy by reason of his wars; to which the Commons answered; that they could no longer bear such charges, considering the manifold most grievous burdens they had from time to time borne before: and that they knew full well, that the King was rich enough to defend him and his Land, if his Land and the Treasure were well guided and governed; but it had been long evil ruled by evil Officers, so that the Land could not be plenteous neither with Merchandise, chaffer, nor riches. By reason whereof, and of their importunate charges the Commonalty was generally impoverished Moreover, the Commons complained upon divers Officers that were the causers of this mis-order, whereof the Lord Latimer, (than Lord Chamberlain) was principal, and Dame Alice Piers the King's Concubine, (who would usually in most impudent manner come in person into all Courts of justice, and sitting by the judges and Doctors, persuade or dissuade them to judge against the Law for her own advantage, on that side for which she was engaged; to the great scandal and dishonour of the King, both in his own and other Realms:) and Sir Richard Scurry Knight, by whose Counsels and sinister means the King was misguided, and the government of the Land disordered. Wherefore they prayed by the mouth of their Speaker, Sir Piers de la Mare, that the said persons with others, might be removed from the King, and others to be set in authority about his person, as should serve for his honour and for the weal of his Realm. Which request of the Commons: by means of the Noble Prince Edward was accepted; so that the said persons, with the Duke of Lancaster and others, were removed from the King; and other Lords by advice of the said Prince, and other wise Lords of the Realm; & PER PARLIAMENTUM PRAEDICTUM writes Walsingham, were put in their places, such as the Prince and Peers thought fittest. Moreover in this Parliament, at the Petition of the Commons it was ordained, That certain Bishops, Earls and other Lords should from thence forth govern both the King and Kingdom (the King being then in his dotage unable to govern himself or the Kingdom) because the king was grown old and wanted such Governors. This passage is thus expressed in the Parliament Roll of 50. E. 3. numb. 10. Also the Commons considering the mischiefs of the Land, showed to the King and Lords of the Parliament; that it shall be for the honour of the King and profit of all the Realm, which is now grieved in divers manners by many adversities, as well by the wars of France, Spain, Ireland, Guyon and Bretaigne, and elsewhere, as likewise by the Officers who have been accustomed to be about the King, who are not sufficient at all without other assistance for so great a government; wherefore they pray that the Council of our Lord the King, be enforced (or made up) of the Lords of the Land, Prelates and others to the number of 10. or 12. (which the King shall please) to remain continually with the King, in such manner that no great business shall pass or be there decreed without all their assents and advice; and that other lesser businesses shall be ordered by the assent of 6, or 4. of them at least, according as the case shall require; so that at least 6. or 4. of such Counselors shall be continually resident to council the King. And our Lord the King, considering the said request to be honourable and very profitable to him, and to all his Realm, hath thereto assented: provided always that the Chancellor, Treasurer, or Keeper of the Privy seal, and all other Officers of the King, may execute and dispatch the businesses belonging to their Offices, without the presence of the said Counsellors, the which the King hath assigned, etc. But this Ordinance lasted scarce three months, for after the Commons had granted a Subsidy of four pence the pole, of all above fourteen years old, except Beggars: Prince Edward dying, and the Parliament determining, these removed ill-officers got into the Court, and their offices again; and by the instance and power of Alice Piers, the Speaker, De la Mare was adjudged to perpetual prison in Nottingham Castle, (an Act without example in former times, and which did no good in this) where he remained prisoner two years' space, though his friends very oft petitioned for his liberty: and o Walsing Hist. Angl an 1277. p. ●87 Fran. Thin his Catalogue of Protectoves. Holi●sh vol. 3. Col 1076, 1077 Walsin. Ypodigma Neust. p 1●4, 135, ●, 6 Dan Hist p. 257, 258, 259. john a Gaunt Duke of Lancaster (made Regent of the Realm, because of the King's irrecoverable infirmity) summoning a Parliament the year following, repealed the Statutes made in this good Parliament, to the Subjects great discontent, who were earnest suitors to the Duke for De la Mare his enlargement and legal trial; which being denied, the Londoners upon this and other discontents took arms, assaulted the Duke, spoilt his house at the Savoy, and hung up his arms reversed, in sign of Treason in all the chief streets of London. But in the first year of Richard the second, in a p Walsin Hist. Ang an 1. R 2. p 198, 199. Speed. p. 728. Parliament at London, Peter De la Mare and almost all the Knights (which played their parts so well in the good Parliament for the increase of their Country, and benefit of the Realm) resuming their Petitions, caused Alice Piers (who contemning the Act of Parliament, and the oaths wherewith she had bound herself, presumed to enter the King's Court, to persuade and impetrate from him whatsoever she pleased) to be banished, and all her movables and immovables to be confiscated to the King, notwithstanding she had corrupted with money, divers of the Lords and Lawyers of England, to speak not only privately, but publicly in her behalf. q Wa●sing. Hist Angl p 196, 197. In the 1. year of Richard the 2d, William Courtney Bishop of London▪ Edmond Mortymer Earl of March, and many others of whom the Common-people had the best opinion, being good, wise, and famous men, were by public consent appointed Counsellors and Regent's to the King, being but young: and this year Henry Piercie Earl of Northumberland resigning his Marshals rod, john de Arundel, was made Marshal in his place. In the r Walsin. Hist. A●gl. p. 143. Fran. Thin his Cat. of Protectors. Holinsh. vol. 3. Col. 1077. third year of Richard the second in a Parliament at London the Commons petitioned, that one of the Barons, who knew how to answer Foreigners wisely, and might be mature in manners, potent in works, tractable and discreet, to be the king's protector. Electus est Ergo, COMMUNI SENTENTIA, etc. Hereupon Thomas Beauchamp Earl of Warwick, WAS ELECTED BY COMMON CONSENT IN PARLIAMENT, Lord Protector, that he might continually abide with the King, and receive an honourable annual stipend out of the King's Exchequer for his pains: and those Bishops, Earls, Barons, and judges assigned to be the King's Counsel and Guardians the year before, were upon the Commons petition this Parliament removed, because they spent much of the King's Treasure, & nullum, a●t modicum fructum protulerunt. In this Parliament Sir Richard Scrope, resigned his Office of Lord Chancellor, and Simon de Sudbu●y, Archbishop of Canterbury (contrary to his degree and dignity, as many than cried out) was substituted in his place. In a Parliament at London in the fifth year of King Richard the second, Sir Richard Scoop was again made s Walsing: Hist. Angl. p. 243. Fra. Thin his Catal. of Chancellors. Holinsh. vol. 3. Col. 1282. Chancellor, PETENTIBUS HOC MAGNATIBUS ET COMMUNIBUS, at the REQVEST OF THE LORDS AND COMMONS, as being a man who for his eminent knowledge and inflexible justice, had not his peer in England, and Hugh Segrave Knight, was then likewise made lord Treasurer. t Wal. Hist. 〈◊〉. 300. Holinsh. vol. 3. Col. 1282. Sed quid juvant 〈◊〉 Parliamentorum, etc. (writes Walsi●gham of the Acts of this Parliament, and u Hist. 737. Speed out of him.) But to what purpose are Acts of Parliament, when after they are passed, they take no manner of effect, for the king with his Privy Counsel was wont to change and abolish all things, which by the Commons and Nobility had been agreed upon in former Parliaments? For the very next * Note this. year the king deposed Scrope from his Chauncellourship, and took the Seal into his own hands, ●●aling divers Grants, and Writings with it as he pleased, and at last delivered the S●ale to Richard Braybrooke, which Walsingha● thus relates. x Hist. Ang. p. 311. 312. Speed, 737. Lord Richard Scrope Knight, qui PER REGNI COMMUNIT ATEM, ET ASSENSUM DOMINORVM ELECTUM IN REGNI CANCELLARIUM, was in those days put from his Office of Chancellor, which he had laudably, and prudently administered. The cause of his removal was, his peremptory resistance of the Kings Will, who desired to impoverish himself, to exalt strangers. For certain Knights and Esquires of inferior rank, being the king's servants, begged of the king certain lands, and the demesnes of such as died, during such time as by the custom of the Kingdom, they ought to remain in the King's hands. The King being a child, without delay granted their requests, and sending them to the Chancellor, commanded him to grant them such Charters under the great S●ale, as they desired: But the Chancellor, who ardently desired the benefit of the Realm, and the King's profit, plainly denied their requests; alleging that King was much indebted, and that he had need retain such casualties to himself to help discharge his debts. That those who knew in what debts the king was obliged, were not faithful to the King, whiles they minded more their own avarice than the king's profit, preferring their private gain before the public necessities. Wherefore they should desist from such requests, and be content with the King's former gifts, which were sufficient for them. And that they should know for certain, that he would neither make nor seal any such Charters of confirmation to them, of such donations of the king, who was not yet of full age, 〈◊〉 he should hereafter receive ill thanks from him. Whereupon these Petitioners returning from the Chancellor, inform the king; that the Chauncellors' mind was obstinate, and that he would do nothing at his Command, but rather contemn his Royal mandate; that the King ought with due severity, speedily to curb such an unbrideled disobedience, or else it would quickly come to pass, that the king's honour would grow contemptible among his Subjects, and his command be of no value. The King therefore who understood as a child, more regarding the false machinations of detractors, than the faithful allegations of his Chancellor, in a spirit of fury sends some to demand his seal of him, and to bring it to himself. And when the king had sent again and again by solemn messengers, that he should send the seal to him; the Chancellor answered thus; I am ready to resign the Seal, not to you, but to him who gave it me to keep, neither shall there be a middle bearer between me and him, but I will restore it to his hands, who committed it to mine own hands not to others. And so going to the king; Here delivered the seal, promising that he would (as he had hitherto) be faithful to the king; yet denied that he would hereafter be an Officer under him. And then the king receiving the Seal did for many days what he listed, unt●ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellor. When not only the Nobility of the kingdom, but the Commonalty likewise heard, that the king contrary to the Custom of the Kingdom had captiously deposed the Chancellor, whom All the Nobility of the Kingdom with the suffrage of all the Commons had chosen, they were exceedingly moved with indignation. Yet no man durst speak openly of the matter, by reason of the malice of those about the king, and the irrational youth of the king himself: and so the benefits of the king and kingdom were trodden under foot by the countenance of the king's indiscretion, and the malice of those inhabiting with him. In the ninth y Walsi. Hist. Epi. 348. 349. 351 352. 353. year of king Rich●rd the second Michael d● la P●le Earl of Suffolk for gross abuses, bribery, and Treason, was put from his Chauncellourship, fined 20000. marks to the king and condemned to die: Haec autem omn●a quanquam summe regi placuisse d●buerant maximè displicebant, adeò fideb●t infideli, adeo coivit nebulonem. Insomuch that the King and his familiars plotted to murder the Knights of the Parliament who most opposed the subsidy he demanded, and the said Michael, together with the Duke of Gloucester at a supper in London to which they should be invited, thinking by this means to obtain their wills: But the Duke and they having timely notice thereof, and Richard Exton then Major of Londo●, freely telling the king when he was called to assent to this villainy, that he would never give his consent to the death of such innocents' (though Sir Nicholas Bramber Major th● year before had thereto assented) this wickedness was prevented: and being made public to all the inhabitants in the City and parts adjoining; from thenceforth the hatred of such counsellors, and love of the Duke and fores●yd knights increased among all men. And the Duke and Knights with greater constancy and courage opposed De la Pole; and z Walsigham. Hist▪ p. 354. after many delays, the king full ●ore against his will, WAS COMPELLED to give a commission of Oye● & terminer to the Duke of Glocest●r, and ●i●hard Earl of Arundel, to hear and determine the businesses and complaints against De la Pole, and all others which the Knights of the Parliament had accused, who gave judgement of death against them; and Thomas Arundel Bishop of Ely, was m●de Chancellor by the Parliament, in De la Poles place, and the Bishop of Durham removed from his Lord Treasurership, with which he was much enamoted, (taking much pains and being at great cost to procure it) and 〈◊〉 Gilbert Bishop of Herefo●d (qui plus li● gua quam fide vigebat) was su●roga●ed in 〈…〉 But this Parliament ending, the king immediately received De la Pole, (whom * Hist. A●gl. p. 372. Walsingham styles, P●rfidiae promptuarium, senti●a avaritiae, aur●ga proditionis, archa malitiae, odii seminator, mendacii fabric tor, susurro nequiss●mus, dolo p●aestantiss mus, artificiosus detractor, pat●iae delator, consiliarius nequam, meritò perfis us, evomens spiritum in terra p●regrina) together with the Duke of Ireland, and Alexander N●vell Archbishop of York, into his Court and favour, who laboured night and day to incense the King against the Lords, and to annul the Acts of this Parliament; by which means the King's hatred towards his Nobles and natural faithful people increased every day more and more; these ill Councillors whispering unto him, that he should not be a king in effect, but only, in shadow, and that he should enjoy nothing of his own, if the Lords should keep their received power. The King therefore believing them, from thenceforth suspected all the Nobles, and suffered these ill Councillors and their confederates to w●st his revenues and oppress● his people. Whereupon the a 10 R. 2 c. 1. 11. R. 2. c. 1. 2. 3. 21. R. 2. c. 12. 1 H●c 2. 3. 4. ●ee Wal. Fab. Holinsh. Graft. Speed, Trussell, in 10. & 11. R. 2. next year following, a Parliament being summoned, the Lords and Commons by reason of great and horrible mischiefs, and perils which had happened to the King and the Realm aforetime, by reason of evil Councillors and governance about the King's person by the foresaid Archbishop of York, Robert de Vere Duke of Ireland, De la Pole, Robert Trisil●an Lord Chief justice of England, Sir Nicholas Brambre and other their adherents, who wasted demished and destroyed the goods, treasure and substance of the Crown, oppres●sed the people daily with importable charges, neglecting the execution of the good Laws and Customs of the Realm, so that no full right nor justice was done, etc. whereby the king and all his Realm were very nigh to have been wholly undone and destroyed; for these causes, and the eschewing of such like perils and mischiefs to the King and Realm for time to come, displaced and removed these ill Councillors; and at their request, a new Chancellor, Treasurer, and Privy seal were ordained in Parliament, even such as were held good, sufficient and lawful to the honour and profit of the King and his Rea●me. And by advice and assent o● the Lords and Commons in Parliament in aid of good governance of the Realm, for the due executions of good Laws, and the relief of the Kings and his people's ●tates in time to come, a special Commission under the great Seal of England (confirmed by the Statute of 10. R. 2. c. 1.) was granted to both Archbishops, the Dukes of York and Gloucester (the King's Uncles) th● Bishops of Worcester and Exetor, the Abbot of Waltham, the Earl of Arundle, the Lord Cobham, and others, to be of the King's GREAT & CONTINVALL COUNSELL for one year than next following; to survey and examine with his said Chancellor, Treasurer, and Keeper ●f the Privy ●●ale, as well the estate and government of his house, as of all his Courts and places, as of all his Realm, and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information, of all rents, revenues, profits due to him in any man●er within the Realm or without, and of all manner of gifts, gran●s aliena●ions or confirmations made by him of any Land, Tenements, Rents, Anuities Profits, Revenues, Wards, Marriages, (and infinite other particulars specified in the b 10 R. 2. c. 1. Act) and of all kind of oppressions, offences and damages whatsoev●r don● to t●e King or his people; and them finally to hear and determine. And that no man should council the king to repeal this Commission (though it took no effect) under pain of forfaiting all his goods and imprisonment during the king's pleasure. No sooner was this Parliament dissolved, but this unhappy seduced King, by the instigation and advise of his former ill Councillors; endeavours to nullify this Commission as derogatory to his royal power, and sending for his judges and Council at Law to Not●ingham Castle, caused them to subscribe to sundry Articles tending to the Totall subversion of Parliaments; causing the Duke of Gloc●ster and other Lords who procured this Commission to be indicted of high Treason, to which Inditements the judges being overawed with fear, d See Walsin. Fab. Speed, Graft. Holin. Stow, john Truss●●, & Sr R. Baker, in 10. 11. 12. & 13. of R. 2. set their hands and seals; for which illegal proceedings destructive to Parliaments, by 11. R. 2. c. 1 to 7. these ill pernicious Counsellors and judges were attainted and condemned of High Treason, put from their Offices, their Lands confiscated, many of them executed, the residue banished, and above 20. other Knights, Gentlemen, and Clergy men who miscouncelled the King, imprisoned, condemned and banished the Court, as the Statutes at large in 11. & 21. R. 2. and our Historian● in those years more copiously manifest. In 12. R. 2. c. 2. There was this notable Law enacted (which * Institutes on ●it. f. 234. Sir Edward Cook affirms, is worthy to be writ in Letters of gold, and worthier to be put in due execution. For the Universal wealth of all the Realm, it is enacted; that the Chancellor, Treasurer, Keeper of the Privy Seal, Steward of the King's house, the King's Chamberlain, Clarke of the Rolls, the justices of the one Bench and other, Barons of the Exchequer, and all other that shall be called to ordain, name, or make justices of peace (which whether the Lord Keeper alone can make or unmake without consent of all these, or put out of Commission without just cause and conviction, now commonly practised; is a considerable Question upon this and other statutes:) Sheriffs, Escheators, Customers, Controllers, OR ANY OTHER OFFICER or Minister of the King, shall be firmly sworn, that they shall not ordain, name or make justices of peace, Sheriff, Escheator, Customer, Controller or other Officer or Minister of the King, for any gift or brocage, favour or affection; nor that none which pursueth by him, or by other privily or apertly to be in any manner Office, shall be put in the same Office, or in any other. But that they make ALL SUCH OFFICERS and Ministers OF THE BEST & MOST LAWFUL MEN & SUFFICIENT to their estimation and knowledge. Which most excellent Law (with t See 1 E 3. c. 7. 8. 34. E 3. c. 1. 38. E. 3. Stat. 2 c. 4. 4. H. 4 c. 18. 2. H. 5. stat. 2. c. 1. 8. R, 2. c. 3. others of like nature) still in force, were it duly executed, there would not be so many corrupt Officers of all these sorts in the kingdom, as now swarm in every place. From which Act I shall only make these 2. Inferences. First, that if so great a care ought to be had in the choice of these under-Officers; then certainly far more of the grand Officers and judges of the kingdom. Secondly, that if it be no disparagement to the King's honour, or prerogative for these gre●t Officers of the Realm to ordain, name, and make justices of peace, Sheriffs, and other under Officers of the King, without the king's privity, as oft times they do; then by the same or greater reason, it can be no diminotion of his honour or prerogative Royal, for the Parliament, (which is best able to judge of men's abilities and honesties) to have power only to nominate or recommend to the King, such as they know to be the best, most lawful and sufficient men, for the highest state Offices and places of judicature, when they becomevoyd. Not to trouble you with any more Precedents in this King's Reign, recorded in Story; I shall close them up with one or two more upon record. In the Parliament of 3. R. 2. * 3 R. 2. Rot. Pa●l. num. 11. The Chancellor having declared the causes of Summons, and among others, the great nulls the King was in for want of money; so that he had at that time nothing in his Treasury, but was greatly indebted etc. He p●ayed the Parliament ●o advise, how, and after what manner he m●ght be relieved, not only for his own safety, but for the safety of them all, and of the Realm. To which the Commons after they were advised of the●r said Charge returned this Answer to the King in Parliament by their▪ Speaker, in name of the whole Commons. That the said Commons are of opinion, that if their Liege Sovereign had been well and 〈◊〉 governed in his Expenses, spent 〈◊〉 the Realm and elsewhere, he now had had no need of their aid, by charging the 〈…〉, whom they imagined to be now more poor and indigent, then ever they were before▪ Wherefore they pray, That the Prelates, and other Lords of the King's continual Council, who have a long time traveled in the said affairs, BE UTTERLY DISCHARGED, to their great ease, and in discharge of the King from their custodies; and that No such Counsellors should be retained about ●he King, in rega●d that our Lord the King is now of good discretion, and ●f a goodly Stature, having respect to his Age, which is now near the age of his noble Grandfather, at the time of his Coronation; who had no other Counsellors at the beginning of his reign, but ONLY the Five accustomed Principal Officers of HIS REALM. They further pray, that In this Parliament these Five Principal Officers may be Elected and Chosen out of the most Sufficient Men within the Realm, who may be tractable, and who may best know, and execute their Offices; that is to say, The Chancellor, Treasurer, Keeper of the Privy Seal, Chief Chamberlain, and Steward of the King's House; and that these so chosen, (of whose Names and persons the Commons will be ascertained this Parliament) for their greater comfort and aid to execute the business of the King, shall have it therein declared, that they Shall not be Removed before the next Parliament, unl●sse it be by reason of Death, Sickness, or other necessary cause. And they likewise pray for remedy of default ●f the sa●d Government, if there be any on that party, that a sufficient and general Commission may be made, the best that may be devised, to certain Prelates, Lords, and others, of the most sufficient, lawful, and wise men of the Realm, of England, diligently to Survey and examine in all the Courts and places of the King, as well within his own house as elsewhere, the estate of the said House, and all expenses and receipts whatsoever made by any of the Ministers, or any Officers of th● Realm, and of other his Seignories and Lands, as well on this side, as beyond the S● as, from the King's Coronation till this present; so th●t if there be a●y default be found by the said Examination in any m●nner, by negligence of Officers, or otherwise; ●he said Commissioners shall certify them to our L●r● the King, to have them amended and corrected, to the end● that our Lo●d the King may be honourably governed within his Realm, as belongeth to a King to be governed, and may be able with his own r●veneues to support the charge of his Expenses, and to defend the Realm on every part, and defray the other charges above named. Which Petition and Commission the King accordingly granted. In the Parliament of 13. R 2. An. 1389. * Rot. Parl. 13. R. 2. num. 9 num. 21. Mr. Seldons Titles of Honour, p. 503. 504. Walsing. Hist. Angl. 13. R. 2. Ioh● Duke of Lancaster, By ASSENT of all the Estates of Parliament, was created Duke of Aquitaine, for his life, by King Richard his Nephew; the words of whose Patent (Printed at large in Master Seldens Titles of Honour) run thus. De ASSENSU Praelatorum, Ducum Mag●●tum & alio●um Pro●erum, & Communitatis Regni nostri Angliae, in instanti Parliamento nostro apud West monasterium conv●cato existentiu●; te● praedelectissimum Patrium no strumin DUCEM AQVITANIAE, cum Titu●o, Stilo, ac nomin● & honore eidem debitis praefi●im●●, ac inde praesentiali er per ●ppositio 〈◊〉 Cappae 〈◊〉 capi●i, ac traditionem Virgae aureae i●vestimus, etc. toto tempo●e vi●ae tuae possid●ndum etc. Giving him power thereby, To Coin what Gold and Silver Money he pleased, Nobili a●d●●tiam personas ignobiles, Senescallos, judices, Capita●cos, consuls, 〈…〉, Proc●ratores, Recep●ores, & quoscunque Officiarios, alios creandi, 〈…〉 & ponendi, in singulis locis Ducatus praedicti, & quand● opus erit, inflitutos & 〈…〉 Officiarios autedictos amovendi, & loco amotorum alios subrogandi, etc. here ● 〈…〉 the Title, ho●●ur of a Duke, and Dukedom in France, given by the 〈◊〉 of England, as King of France, by assent and authority of a Parliament in 〈…〉 Captain's, and all other Officers, within that Dukedom. In the Parliament Rolls of 1. H. 4. num. 106. The Commons Petitioned the King, that for the safety of himself, as likewise for the safety of all his Realm●, and of his Liege's, BY ADVISE OF HIS SAGE COUNSELL, h●e would ordain SURE (or trusty) and SUFFICIENT CAPTAINS and GUARDIANS OF HIS CASTLES and FORTRESSES as well in Engla●d as in Wales, to prevent all perils. (The very Petition in effect that this Parliament tendered to his Majesty touching the Militia,) To which the King readily gave this answer, Le Roy le voet. The King wills it. In the same Rol. Num. 97. The Commons likewise petitioned; That the Lords Spiritual and Temporal shall not be received in time to come, for to excuse them; to say; That they durst not to do, nor speak the Law, nor what they thought for DOUBT of death, or that they are not free of themselves, because they are more bound under PAIN OF TREASON to keep their Oath, then to fear death or any forfeiture. To which the King gave this answer. The King holds all his Lords and justices for good, sufficient and loyal; and that they will not give him other Counsel or Advise, but such as shall be Honest, Just, and Profitable for him, and the Realm. And if any will complain of them in special, for the time to come, of the contrary; the King will reform and amend it. Whereupon we find they did afterwards complain accordingly, and got new Privy Counsellors, chosen and approved in Parliament, in the 11th Year of this King's Reign, as we shall see anon. And in the same Parliament, Num. 108. I find this memorable Record to prove the King inferior to, and not above his Laws to alter or infringe them. Item, Whereas at the request of Richard, la●e King of England, in a Parliament held at Winchester, the Commons of the said Parliament granted to him, that he should be in as good liberty, as his Progenitors before him were; by which grant the said King woul● say; that he might turn (or change) the Laws at his pleasure, and caused them to be changed AGAINST HIS OATH; as is openly known in divers cases: And now in this present Parliament, the Commons thereof of their good assent and free will, confiding in the Nobility, high discretion, and gracious government of the King our Lord, have granted to him, That they will He should be in as great Royal Liberty as his noble Progenitors were before him; Whereupon our said Lord, of his Royal grace, AND TENDER CONSCIENCE, hath granted in full Parliament; That it is not at all his intent nor will, to change the Laws, Statutes, nor good usages, nor to to take other advantage by the said grant; but for to keep the Ancient Laws and Statutes ordained and used in the time of his Noble Progenitors, AND TO DO RIGHT TO ALL PEOPLE IN MERCY AND TRUTH, * Not●. ACCORDING TO HIS OATH: which he thus ratified with his Royal assent. Le Roy le voet. By which Record it is evident: First, that the King's Royal Authority, and Prerogative is derived to him, and may be enlarged or abridged by the Commons, and Houses of Parliament, as they see just cause. Secondly, that King Richard the second, and Henry the fourth, took and received the free use and Liberty of their Prerogatives, from the grant of the Commons in Parliament; and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice. Thirdly, That the King by his Prerogative when it is most free by his Subjects grant in Parliament; hath yet no right nor power by virtue thereof to change or alter any Law or Statute; or to do any thing at all against Law, or the Subject's Rights and Privileges, enjoyed in the Raign●● of ancient Kings: Therefore no power at all to deprive the Parliament itself, of this their ancient undubitable oft-enjoyed Right and Privilege, to elect Lord Chancellors, Treasurers, Privy Seals, Chief justices, Privy Counsellors, Lord Lieutenants of Counties, Captains of Castles and Fortresses, Sheriffs, and other public Officers, when they see just cause to make use of this their right and interest for their own and the Kingdom's safety, as now they do; and have as much reason to do, as any their Predecessors had in any age, When they behold so many Papists, Malignants up in Arms, both in England and Ireland, to ruin Parliaments, Religion, Laws, Liberties, and make both them and their Posterities mere slaves and vassals to Foreign and Domestic Enemies. In the 11. year of King Henry the 4th. Rot. Parl. num●. 14. Art c. 1. The Commons in Parliament petitioned this King: First, That it would please the King to ordain and assign in this Parliament, the most valiant, sage, and discretest Lords Spiritual and Temporal, of His Realm, TO BE OF HIS COUNSELL, in aid and supportation of the Good and substantial Government, and for the weal of the King, and of the Realm; and the said Lords of the Counsel, and the justices of the King should be openly sworn in that present Parliament, to acquit themselves well and loyally in their counsels and actions, for the weal of the King, and of the Realm in all points, without doing favour to any manner of person for affection or affinity. And that it would please our Lord the King in presence of all the Estates in Parliament, to command the said Lords and justices upon the Faith and Allegiance they owe unto him, to do full justice and equal right to every one without delay, as well as they may, without (or notwithstanding) any command, or charge of any person to the contrary. To which the King gave this answer, Le Roy le Voet h 11. Hen. 4●. Rot Parl Nu. 39 After which the second day of May, the Commons came before the King and Lords in Parliament, and there prayed, to have connusance of the names of the Lords which shall be of the King's continual Counsel, to execute the good Constitutions and Ordinances made that Parliament. To which the King answered, that some of the Lords he had chosen and nominated to be of his said Counsel had excused themselves, for divers reasonable causes, for which he held them well excused; and as to the other Lords, whom he had ordained to be of his said Counsel; Their Names were these: monsieur the Prince, the Bishop of W●nchester, the Bishop of Duresme, the Bishop of Bath, the Earl of Arund●●, the Earl of Westmoreland, and the Lord Burnell. And here upon the Prince in his own name, and of the other forementioned Lords, prayed to be excused, in case they could not find sufficient to support their necessary charges; And that notwithstanstanding any charge by them accepted in this Parliament, that they may be discharged in the end of the Parliament, in case nothing shall be granted to support their foresaid charges. And because the said Prince should not be sworn, by reason of the highness and excellency of his Honourable Person, the other Lords and Officers were sworn, and swore upon the condition aforesaid, to go●erne and acquit themselves in their counsel well and faithfully, according to the tenor of the first Article delivered among others by the said Commons; and likewise the justices of the one Bench and other, were sworn, and took an Oath to keep the Laws, and do justice and equal right, according to the purport of the said first Article. i Ibid. num●. ●. 44. And on the 9 of May, being the last day of the Parliament; The Commons came before the King and the Lords, and then the Spea●er, in the name of the said commons, prayed the King, to have full conusance of the names of the Lords of his Counsel; and because the Lords who were named before to be of the said Counsel had taken their Oaths upon certain conditions as aforesaid, that the same Lords of the Counsel should now be newly charged and sworn without condition. And hereupon the Prince prayed the King, as well for himself, as for the other Lords of the Counsel; that forasmuch as the Bishop of Durham, and Earl of Westmoreland, who are ordained to be of the same Counsel, cannot continually attended therein, as well for divers causes as are very likely to happen in the Marches of Scotland, as for the enforcement of the said Marches, that it would please the King to design other Lords to be of the same Counsel, with the Lords before assigned. And hereupon the King IN FULL PARLIAMENT assigned the Bishop of Saint david's, and the Earl of Warwick to be of his said Counsel, with the other forenamed Lords, and that they should be charged in like manner as the other Lords without any condition. A notable Precedent; where all the Kings Privy Counsel are nominated and elected by him in full Parliament; and their names particularly declared to the Commons before they are sworn, to the end that they might except against them, if there were just cause; who in their Petition and Articles to the King, express in general, what persons the King should make choice of for his Counsellors, and judges, and what Oaths they should take in Parliament before they were admitted to their places. Which was as much or more, as this Parliament ever desired, and the King may now with as much Honour and justice grant, without any diminution of his Prerogative, as this Magnanimous, Victorious King Henry did then, without the least denial or delay. In the fi●t k Hall's Chron. 5. H. 5. fol. 55. Graft. p. 464. Thin, and holinsh. vol. 3. Col. 1078. Year of King Henry the fifth, This King undertaking a war with France, by Advise and consent of his Parliament; as honourable to the King, and profitable to the Kingdom; to●which war they liberally contributed: john Duke of Bedford was in and by that Parliament made GOVERNOR AND REGENT OF THE REALM, AND HEAD OF THE COMMONWEALTH; Which Office he should enjoy as long as the King was making War on the French Nation; the Summons of which Parliament issued out by this Duke in the King's Name. See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 ●. pars mem. 16. The King grants to john Duke of Exeter, the Office of Admiral of England, Ireland, and Aqultain, which Grant is thus subscribed, Per breve de privato Sigillo; AUCTORITATE PARLIAMENTI; So that he enjoyed that Office by appointment and Authority of the Parliament; which was no set standing Office; nor place of great Honour in former ages, when there were many Admirals in England, designed to several Quarters, and those for the most part annual, or but of short continuance, not for life, as Sir Henry Spelman, shows at large in his glossary: Title Admirallus, to whom I refer the Reader, and Title Heretoc●us; which Heretoches (elected by the people) had the command of the Militia of the Realm, by Sea and Land; and this word Heretoch in Saxon, signifying properly a General, Captain, or Leader; as you may see there, and in Master Selden●, Titles of Honour, Pag. 605. 606. And sometimes, though more rarely, an Earl, Count, or Nobleman, Earlederman, or Prince, Hengist and Horsa being called Heretogan, in a Saxon Annual. In l Walsingh. Hist, Ang. p. 459. Hall. Graf. ●abian Speed, ●russell. 1. H. 6. the 1. year of King Henry 6. (being but 9 months old when the Crown descended) the Parliament summoned by his Father Henry the 5. (as Walsingham writes) was continued; in which By ASSENT OF ALL THE STATES, Humphrey Duke of Gloucester, WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford; and all the Offices and Benefices of the Realm were committed to his disposal. In this Parliament (a strange sight never before seen in England) this infant king, sitting in his Queen mother's lap, passed in Majestic manner to Westminster, and there took state among all his Lords, before he could tell what English meant, to exercise the place of Sovereign direction in open Parliament then assembled, to establish the Crown upon him. In the Parliament Rolls of the 1. year of this King, I find many notable passages pertinent to the present Theme, of which (for their rarity) I shall give you the larger account. Numb. 1. There is a Commission in this Infant King's name directed to his Uncle Humphrey Duke of Gloucester, to summon and hold this Parliament in the King's name and stead, and commanding all the Members of it, to attend the said Duke therein: Which Commission being first read; the Archbishop of Canterbury taking this Theme; The Princes of the People are assembled with God; declares 4. causes for which this Parliament was principally summoned. 1. For the good governance of the person of the most excellent Prince the King. 2. For the good conservation of the peace, and the due execution and accomplishment of the Laws of the land. 3. For the good and safe defence of the Realm against enemies. 4. To provide honourable and discreet persons of every estate, for the good governance of the Realm, according to jethro his Counsel given to Moses, etc. Which Speech ended, Numb. 7. 8, 9, 10, 11. The receivers of all sorts of Petitions to the Parliament are designed, and the Speaker of the House of Commons presented and accepted. Numb. 12. The Lords and Commons authorise, consent to, and confirm the Commission made to the Duke in the Infant King's Name, to summon and hold this Parliament, (so that they authorise and confirm that very power by which they sat:) With other Commissions made under the great Seal to justices, Sheriffs, Escheators, and other officers, for the necessary execution of justice. Numb. 13. and 14. The Bishop of Durham, late Chancellor of England to Henry the 5. deceased; and the Bishop of London Chancellor of the Duchy of Normandy, severally show, that upon King Henry the 5. his decease they delivered up their several Seals, after their homage and fealty first made, to King Henry 6. in the presence of divers honourable persons, (whom they name particularly) desiring the Lords to attest their surrender of the said Seals at the time and place specified, which they did; and thereupon they pray, that a special act and entry thereof may be made in the Parliament Rolls for their indemnity; which is granted and entered accordingly. Numb. 15. It was enacted and provided by the said Lord Commissioner, Lords and Commons; that in as much as the Inheritance of the Kingdoms and crowns of France, England, and Ireland, were now lawfully descended to the King, which title was not expressed in the Inscriptions of the King's Seals, whereby great peril might accrue to the King, if the said inscriptions were not reform according to his Title of Inheritance, that therefore in all the King's Seals, as well in England as in Ireland, Guienne, and Wales, this new stile should be engraven, Henricus Dei Gratia, Rex Franciae & Angliae, & Dominus Hiberniae, according to the effect of his inheritances; blotting out of them whatever was before in them superfluous or contrary to the said stile; and that command should be given to all the keepers of the said Seals of the King to reform them without delay, according to the form and effect of the new Seal aforesaid. Numb. 16, Duke Humphrey the King's Commissary, and the other spiritual and temporal Lords being sat in Parliament, certain Knights sent by the Speaker and whole House of Commons came before them, and in the name and behalf of the said Commonalty requested the said Duke, that by the advice of the said Spiritual and Temporal Lords, for the good government of the Realm of England, he would be pleased to certify the said Commons, to their greater consolation, what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England, and Keeper of his Privy Seal: Upon which request so made, due consideration being had, and full advise taken; and the sufficiency of those persons considered, which deceased King Henry the King's Father now had in his discretion assigned to those Offices as fitting enough: the King following his Father's example and advise, by the assent of the said Lord Duke his Commissary, and of all and every one of the Lords spiritual and temporal, hath nominated and ordained anew, the Reverend Father, Thomas Bishop of Durham to the Office of his Chancellor of England, William Kinwolma●sh Clerk to the Office of Treasurer of England, and Mr. john Stafford to the Office of the Keeper of the Privy Seal. And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid, that 〈◊〉 well to the said Chancellor of England, as to the said Treasurer of England, and to the said Keeper of his Privy Seal for the exercise of the said Offices, several letters patents should be made in this form: Hen●icus Dei gratia Rex Angliae & Franciae & Dominus H●berniae, omnibus ad quos presentes lite●ae pervenerint 〈◊〉. Sciatis quod De AVISAMENTO ET ASSENSV TOTIUS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES, constituimus venerabilem patrem Thomam Episcopum Dunelmensem, CANCELLARIUM nostrum ANGLIAE; dant●s & concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro, omnes & omnimodas auctoritatem & potestatem adomnia ea & fingula quae ad officium cancellarii Angliae, de jure sive consuetudine pertinent, seu quovis tempore pertinere consueverunt, etc. The like Patents verbatim, are in the same role (mutatis mutandis) made to the said Treasurer of England and Keeper of the Privy Seal. After which, the said Duke, by advice and assent of the Lords spiritual and temporal sent the Archbishop of Canterbury, the Bishops of Winchester and Wor●ester, the Duke of Excester, the Earl of Warwick, the Lords of Ferrer and Talbot, to the Commons, then being in the Commons House, and notified to the Commonalty by the said Lords, these Officers to be nominated and ordained to the foresaid offices in form aforesaid. Upon which notice so given THE SAID COMMONS WERE WELL CONTENTED with the nomination and ordination of the foresaid Officers so made, rendering many thanks for this cause to our Lord the King, and all the said Lords, as was reported by the said Lords in the behalf of the Commons in the said Parliament. Numb. 17. The liberties, Annuities and Offices granted by King Henry the 5. and his Ancestors to Soldiers in foreign parts, are confirmed by Parliament, and their grants ordered to be sealed with the King's new Seals without paying any Fine. Numb. 18. Henry the 5. his last Will and the legacies therein given, are confirmed by the King's Letters Patents, with the assent of the Lords and Commons in Parliament. Numb. 19 A subsidy is granted to be employed for the defence of the Realm of England, to which end the Lord Protector promiseth it shall be diligently employed. Numb. 22. and 23. The King by assent of all the Lords spiritual. and temporal, wills and grants, that his dear Uncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlain of England, and of the Constableship of the Castle of Gloucester from the death of the King's father, so long as it shall please the King, with all the fees, profits and wages thereunto belonging, in the same manner as they were granted to him by his Father. Numb. 24. The 27. day of this Parliament, the tender age of the King being considered, that he could not personally attend in these days the defence and protection of his Kingdom of England, and the English Church; the same King fully confident of the circumspection and industry of his most dear Uncles, John Duke of Bedford, and Humphrey Duke of Gloucester, By ASSENT AND ADVICE OF THE LORDS as well Spiritual as Temporal, and LIKEWISE OF THE COMMONS in this present parliament, hath ordained and constituted his said Uncle Duke of Bedford, now being in foreign parts PROTECTOR and DEFENDER OF HIS KINGDOM, and of the Church of England, and PRINCIPAL COUNSELLOR of our Lord the King; and that he shall both be and called Protector and defender of the Kingdom, and the Principal Councillor of the King himself after he shall come into England, and repair into the King's presence; from thenceforth, as long as he shall stay in the Kingdom; and it shall please the King. And further, our Lord the King BY THE FORESTE AID ASSENT and ADVICE, hath ordained and appointed in the absence of his said Uncle the Duke of Bedford, his foresaid Uncle the Duke of Gloucester now being in the Realm of England, PROTECTOR of his said Realm and Church of England, and PRINCIPAL COUNSELLOR of our said Lord the King; and that the said Duke shall be, and be called PROTECTOR and defender OF THE SAID REALM AND CHURCH OF ENGLAND, and that letters patents of the Lord the King shall be made in this form following: Henrious Dei gracia, etc. Scitatis quod in adeotenera aetate constituti sumus, quod circa Protectionem & Defensionem Regni nostri Angliae & Ecclesiae Anglicanae personaliter attendere non possumus in presenti: Nos de circumspectione & industria charissime avunculi nostri Johannis Ducis Bedfordiae, plenam fiduciam reportantes, DE ASSENSV ET AVISAMENTO TAM DOMINORVM QVAM DE ASSENSV COMMUNIT ATIS DICTI REGNI ANGLIAE IN INSTANTI PARLIAMENTO existentium, ordinavimus & constituimus ipsum avuneulum nostrum, dicti regni nostri Angliae & Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM, AC CONSILIARIUM NOSTRVM PRINCIPALEM; & quod ipse dicti Regni nostri Angliae & Ecclesiae Anglicanae Protector & Defensor, ac principalis consiliarius noster sit, & nominetur, in & juxta vim formam & effectum cujusdam articuli IN DICTO PARLIAMENTO die datus pr●sentium habiti ET CONCORDATI: Proviso semper, quod praefatus Auunculus noster, nullum habeat aut gerat vigore praesentium potestatem, nec sicut praefatur nominotur, nisi pro tempore quo praesens hic in regno nostro Angliae fuerit, & PROUT IN PRAEDICTO ACTO CONTINETUR. Quodque carissimus Aunculus noster Dux Glocestriae, nobis in agendis dicti Regni negotiis post ipsum Auunculnm no strum Ducem Bedfordiae PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETUR, quotiens & quando praefatum Auunculum nostrum Ducem Bedfordiae infra Regnum mostrum Angliae mor aricontingat. Confidentes insuper ad plenum de circumspectione & industria praedicti Auunculi nostri Ducis Glocestriae DE ASSENSV ET AVISAMENTO PRAEDICTIS, ordinavimus & constituimus ipsum Auunculum nostrum Ducem Glocestriae, dicto Regno nostro, Angliae jam praesentem, dicti Regni nostri Angliae & Ecclesiae, Anglicanae PROTECTOREM ET DEFENSOREM, necnon CONSILIARIUM NOSTRVM PRICIPALEM, quociens & quando dictum avunculum nostrum Ducem Bedfordiae, extra Regnum nostrum Angliae morari & abesse centingat. Et quod ipse avunculus noster Dux Glocestriae Protector & Defensor Regni nostri Angliae, & Ecclesiae Anglicanae, & Principalis Consiliarius noster SIT ET NOMINETUR JUXTA VIM FORMAM & EFFECTUM ARTICULI PRAEDICTI. Proviso semper, quod praefatus avuneulus & Dux Glocest nullum gerat aut habeat vigore praesentium potestatem, vel ut praefertur nominetur, nisi pro tempore quo praesens hic in Regno nostro Angliae fuerit in absentia dicti avunculi nostri Ducis Bedford. & prout in predictio articulo continetur. Damus autem universis & singulis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Baronibus, Militibus, & omnibus aliis fidelibus nostris dicti Regni nostri Angliae quorum interest, tenore praesentium firmiter in mandatis, quod tam praefato avunculo nostro Duci Bedford● quociens & quand● protectionem & defensionem hujusmodi sic habuerit & occupaverit, quam praefato avunculo nostro Duci Glocestriae, quociens & quando ipse consimiles Protectionem & Defensionem habuerit & occupaverit in premissis faciendis, pareant obediant & intendant prout decet. In cujus reitestimonium etc. which Act and Commission thus made, and the tenor of them being recited before the said Duke of Gloster, and spiritual and temporal Lords; the said Duke having deliberated thereupon, undertook, at the request of the said Lords, the burden and exercise of his occupation, to the honour of God, and profit of the King and Kingdom. Protesting notwithstanding, that this his assumption or consent in this part should not any ways prejudice his foresaid Brother, but that his said Brother at his pleasure might assume his burden of this kind, and deliberate and advise himself. Numb. 25. It is ordered by this Parliament, what under Offices and Benefices the Lords Protectors should confer, and in what manner. Numb. 26. After the Lords and Commons in Parliament had settled and ordained the Protectors in form aforesaid, AT THE REQVEST OF THE SAID COMMONS, there were, BY ADVISE AND ASSENT OF ALL THE LORD'S certain persons of estate, as well spiritual as temporal, NAMED AND ELECTED TO COUNSEL AND ASSIST THE GOVERNANCE; whose names written in a small schedule, and read openly, were these; the Duke of Gloucester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worcester; the Duke of Excester, the Earls of March, Warwick, Martial, Northumberland, Westmoreland; the Lord Fitz-hugh, Mr. H●gh Crumbwell, Mr. Walter Hungerford, Mr. john Tiptof●, Mr. Walter Beauchamp. Numb. 25. These persons thus NAMED and CHOSEN COUNSELLORS and ASSISTANTS, after this nomination and election, condescended to take such assistance to the government in manner and form contained in a paper schedule written in English, with their names thereto, containing five special articles, delivered in Parliament by the said persons chosen Counsellors assistants, of which schedule this is the tenure. The Lords abovesaid, been condescended to take it upon them, in manner and form that sueth: First, for as much as execution of Law and keeping of peace start much in justice of peace, Sheriffs and Escheators, the profits of the King, and revenues of the Realm, been yearly increased, and augmented by Customers, Controllers, prisers, seachers, and all such other Offices; therefore the same Lordswoll and desireth, that such Officers, and all other be made, by advice and denomination of the said Lords, saved always and reserved to my Lords of Bedford and of Gloucester, all that longeth unto them, by a special Act, made in Parliament; and to the Bishop of Winchester that he hath granted him by our sovereign, Lord that last was, and by authority of Parliament confirmed. Numb. 29. Item, that all manner Wards, Marriages, Farms, and other casualties that longeth to the Crown, when they fall, be let, sold, and disposed by the said Lords of the Counsel; and that indifferently at dearest, without favour, or any manner partiality or fraud. Numb. 30. Item, that if any thing should be enact done by Counsel, that six o● four at the least, without Officers, of the said Counsel be present; and in all great matters that shall pass by Counsel, that all be present, or else the more party. And if it be such matter as the King hath be accustomed to be counselled of, that then the said Lords proceed not therein without the advice of my ●ord of Bedford, or of Gloucester. Numb. 31. Item, for as much as the two Chamberlains of the Exchequer be ordained of old time to control the receipts and payments in any manner wise maed; the Lordys desireth, that the Treasurer of England being for the time, and either of the Chamberlains have a key of that that should come into the recepit, and that they be sworn to fore my Lord of Gloucester, and all the Lords of the Counsel; that for no friendship they shall make no man privy, but the Lords of the Counsel, what the King hath in his Treasury. Numb. 32. Item, that the Clerk of the Counsel be charged and sworn to truly enact and write daily the names of all the Loras that shall be present from time to time, to see what, how, and by whom any thing passeth. Numb. 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament, and had well considered of them, and fully assented and accorded to them; the schedule of paper, by certain of the Honourable Lords of Parliament on behalf of the King and all the Lords in Parliament, was sent and delivered to the Commons to be ascertained of their intent: whereupon after the said Commons had advised, the said Lords repeated in the said Parliament, that the Commons thanked all the Lords, and that THEY WERE WELL CONTENTED with all there contained in the said schedule, WITH THIS, that to the first of the said Articles there should be added one clause of purveiu, which the said Lords repeated on the behalf of the said Commons, who delivered it to them in Parliament in one parchment schedule written in French, the tenor whereof ensueth. Provided always that the Lords, and other persons, and Officers, which have estate, and authority, some of inheritance, some for term of life, and otherwise, to make and institute, by virtue of their offices, deputy Officers, and Ministers which appertain to them to make of right; and as annexed to them, and to their offices of ancient time accustomed and used; shall not be restrained nor prejudiced, of that which appertains to them by colour of this Ordinance or appointment. To which parchment schedule, and the contents thereof, read before the Lords in Parliament, the said Lords well agreed and fully consented. Numb. 44. The Queen Mother's dower formerly agreed, appointed, and sworn to buy all the three estates in Parliament in 9 H. 5. was now again, upon her Petition, confirmed and settled by this Parliament, after her husband's decease. And Numb. 41. Pet. 2. The Commons petitioned, that it might then be enacted, that no man nor woman should thenceforth be compelled, nor bound to answer before the Counsel or Chancery of the King, nor elsewhere, at the suit or complaint of any person for any matter; for which remedy by way of Action was provided by the Common law; and that no privy Seal, nor subpoena should issue thence, before a Bill were first there exhibited, and also fully allowed by two judges of the one Bench and other, that the complainant for matters and grievances in the said Bill could have no action, nor remedy at all by the common law, etc. A good Law to prevent the Arbitrary proceedings of these Courts, which are now too frequent in subverting of the Common law. Lo here in this Parliament, we have a Lord Protector, Chancellor, Treasurer, Keeper of the privy Seal, Chamberlain, Privy Counsellors, Constables of Castles, and most other Officers of the King elected by Parliament; yea, a Commission for calling and holding this Parliament, confirmed by this Parliament when met; the Kings own public feales altered and new made; a new stile conferred on the King, a Kings last Will, and a Queen's Dower, when fallen, confirmed by the Parliament, and the privy Council, Court of Request, and Chancery limited by it, without any dimininution of the King's prerogative royal: what injury or disparagement than can it be to his Majesty's royalties, to have his great Officers, Counsellors, and Judges, thus nominated and regulated in and by Parliament at this present? surely none at all. In the Parliament Rolls of 4. H. 6. num. 8. I find a Commission granted to John Earl of Bedford, under the great Seal (which was read in Parliament) to supply the King's place, and power in this Parliament, and to do all that the King himself, either might or aught to do therein; because the King (by reason of his minority) could not there personally attend to do it. Numb. 10. The Commons by a Petition, lamentably complained of the great discords and divisions between certain great Lords, and privy Counsellors of the Kingdom; and more especially, between the Duke of Gloucester Lord Protector, and the Bishop of Winchester Lord Chanceilor, by which divers inconveniences might happen to the Realm, if not speedily accommodated: desiring the Duke of Bedford, and other Lords to accord them; Upon which the Lord took a solemn Oath to reconcile them, and made an accord between them; which you may read at large in m 4. H. 6. f. 94. to 10●. Hall, n vol. 3. 4. H. 6. p. 590. to 600. Holinshed, and o Fox vol. 1. p. 920. to 925. Speed, Fabian, Grafton, Sto●●, Trussel, in 4. H. 6. other our Historians▪ and in the Parliament Rolls, Numb, 12. 13. On the 13. day of March, Numb. 14. The Bishop of Winchester, Lord Chancellor of England, for certain causes declared before the Lords in Parliament, instantly desired to be discharged of his Office, which causes they considering of and allowing, he was by the Lords discharged from his said Office: and the same day in like manner the Bishop of bath, Treasurer of England, requested to be freed from his Office, which was that day done accordingly. Numb. 14. On the eighteenth day of March, john Bishop of bath and Wells, late Treasurer of England, by virtue of a privy seal directed to him, brought the King's great golden seal, sealed up in a leather Bag, into the Parliament, and really delivered it to the Earl of Bedford, the King's Commissary; who receiving it of the said Bishop, caused it to be taken out of the Bag, and to be seen of all, and then to be put into the Bag again; who sealing the Bag with his signet, he delivered it to be kept, to the Bishop of London, then CHANCELLOR OF ENGLAND, BY ADVICE and ASSENT of the Lords spiritual and temporal, in that Parliament. Numb. 18. The King by the advice of the Lords spiritual and temporal, and by the assent of the Commons in Parliament, makes an exchange of Lewes de Bu●bon, Earl of Vandosme taken prisoner at the battle of Agincourt, for the Earl of Huntingdon, taken prisoner by the French; releasing the said Earl Vandosme of his Ransom, and Oath. Numb. 19 The Duke of Bedford, Constable of the Castle of Berwicke, petitioned, that the King, BY AUTHORITY OF PARLIAMENT (in regard of his absence from that charge, by reason of his continual employments in the King's service in France, and elsewhere) might licence him, to make a Lieutenant under him to guard that Castle safely: Upon which Petition, the Lords spiritual and temporal granted him power to make a sufficient Lieutenant, such as the King's Counsel should allow of; so as the said Lieutenant should find such reasonable sureties for the safe keeping of the said Castle, as the King's counsel should approve. And in this Parliament, p Hal● Chron: 4. H. ●. f. 100 Grefton, p. 523. Helinsh●d, vol 3. p. ●●7●. and I rancis T●in, ibib. Howes, and Stows Chron p. 400. 404. BY ASSENT OF THE THREE ESTATES OF ENGLAND, Richard Beauchamp Earl of Warwick was ordained to be Governor of the young King, in like manner as the Noble Duke of Exeter was before appointed and designed; to execute which charge he was sent for out of France the year following. In the three and thirtieth year of this King's reign * Hall, Gra●ton, How. Speed An. ●3. H●. ● 34. Richard Duke of York was made Protector of the Realm, the Earl of Salisbury was appointed to be Chancellor, and had the great seal delivered to him; and the Earl of Warwick was elected to the Captainship of Calais, and the territories of the same, in and BY THE PARLIAMENT: by which the Rule and Regiment of the whole Realm consisted only in the heads, and orders of the Duke, and Chancellor; and all the warlike affairs and business rested principally in the Earl of Warwick. From which Offices the Duke and Earl of Salisbury being after displaced, by emulation, envy and jealousy of the Dukes of Somerset Buckingham and the Queen, a bloody civil war thereupon enfued: after which q Hall An. 38● a●d 39 H. 6. f. 176. to 183. Fabian● p. 470. Grafton, p. 643. to 548. Anno 39 H. 6. this Duke, by a solemn award made in Parliament between Henry the sixth and him, was again made PROTECTOR AND REGENT OF THE KINGDOM. By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident, that the power and Right of nominating a Protector and Regent, during the King's minority, belongs to the Parliament and Kingdom; which by these Acts authorized Henry the eighth, by his last Will in writing, or Commission under hi● seal, to nominate a Lord Protector, in case he died, during the 〈◊〉 of his heir to the Crown; and the r Speed history, p 11● 8. Duke of Somerset was made Lord Protector of the King and Realm, during King Edward the sixth his nonage, BY PARLIAMENT; And not to trouble you with any more examples of this kind, Mr. Lambard in his Archaion, p. 135. cowel in his Interpreter, title Parliament, Sir Henry Spelman in his Glossarium, tit. Cancellarius (out of Matthew Westminster, An. 1260. 1265.) Francis Thin, and Holinshed, vol. 3. col. 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta, f. 174, 175. 558. 559. 566. acknowledge and manifest, That the Lord Chancellor, Treasurer, Privy Seal, Lord chief justice, * See Matth. Paris, p. 421. Privy Counsellors, Heretoches, Sheriffs, with other Officers of the Kingdom of England, and Constables of Castles, were usually elected by the Parliament, to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED: who being commonly styled, Lord Chancellor, Treasurer, and chief justice, etc. OF ENGLAND, not of the King, were of right elected by the representative Body of the Realm of England, to whom they were accountable for their misdemeanours. Seeing then it is most apparent by the premises, that the Parliaments of England have so frequently challenged and enjoyed this right and power of electing, nominating, recommending, approving all public Officers of the Kingdom in most former ages, when they saw just cause; and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced: I humbly conceive, it can be no offence at all in them (considering our present dangers, and the manifold mischiefs of the Kingdom hath of late years sustained by evil Counsellors, Chancellors, Treasurers, ●udges, Sheriffs, with other corrupt public Officers) to make but a modest claim (by way of petition) of this their undoubted ancient right, nor any dishonour for his Majesty, nor disparagement to his Royal Prerogative, to condescend to their request herein, it being both an honour, and benefit to the King to be furnished with such faithful Counsellors, Officers, judges, who shall cordially promote the public good, maintain the Laws, and subject's Liberties, and do equal justice unto all his people, according to their oaths and duties; unfaithful and corrupt officers being dangerous, and dishonourable, as well to the King as Kingdom, as all now see and feel by woeful experience. In few words; If the s 14. E. 3. c. 7. 28. E. 3. c. 7. 42. E. 3. c. 9 Chancellors, judges, and other Officers power to nominate three persons to be Sheriff in every County annually (of which his Majesty by law is bound to prick on, ●lse the election is void, as all the * 12. R. 2. c. 2. 1. R. 2. c. 11. Cook's Instit. on Mag. Chart. f. 558. 559 566. judges of England long since resolved) and their authority to appoint t 1 E. 3. c. 16. 14. E. 3. c. 7. and 12. R. 2. c. 2. 34. E. 3. c. 1. 38. E. 3. stat. 2. c. 4. 4. H. 4. c. 18. 2. H. 5. stat. 2. c. 1. 8. R. 2. c. 9 ●ee Rastals Abridgement, Title, justices of peace, Customers, etc. justices of the Peace, Escheators, with other under Officers in each shire, be no impeachment at all of the King's prerogative, as none ever reputed it; or if both Houses ancient privilege, to v Modus tenendi Parliamentum; Holinsheds description of England c. 8. p. 173. and Annals, of Ireland, p. 127. etc. 1. lac. c. 1. Mr. Hackwels manner of passing Bills. make public Bills for the public weal, without the King's appointment, and when they have voted them for laws, to tender them to the King for his royal assent, be no diminution to his Sovereignty: then by the selfsame reason, the Parliaments nomination, or recommendation of Counsellors, State-officers, and judges, to his Majesty, with a liberty to disallow of them if there be just cause assigned, can be no encroachment on, nor injury at all to his Majesty's Royalties; it being all one in effect, to recommend new Laws to the King for his royal assent, when there is need, as to nominate meet Officers Counsellors, judges, to him, to see these Laws put in due execution when enacted. So that upon the whole matter, the final result will be; That the Parliaments claim of this their ancient right, is no just ground at all on his Majesty's part, to sever himself from his Parliament, or to be offended with them, much less to raise or continue a bloody war against them. That the King hath no absolute Negative voice in the passing of Bills of Common Right and justice, for the public good. THe fourth great Objection or Complaint of the x See his Majesties' Answer to the Lords and Commons Remonstrance May 26. 1642▪ King, Malignants, Royalists against the Parliament is; That they deny the King a negative Voice in Parliament; affirming in y The Remonstrance of the Lords and Commons May 26, and Nou. 2, 1642▪ some Declarations; That the King by his Coronation Oath and duty, is bound to give his royal assent to such public Bills of Right and justice, as both houses have voted necessary for the common wealth, or safety of the Realm, and ought not to reject them: Which is (say they) an absolute denial of his royal Prerogative, not ever questioned or doubted of in former ages. To this I answer first in general. That in most proceedings and transactions of Parliament the King hath no casting, nor absolute negative voice at all; as namely in z See A●hes Tables error 65, to 70. 21 jac. c, 13, Cromptons' jurisdiction of Courts, f, 1, 〈◊〉 20, smith's Common wealth. l. 2, c, 1, 2, 15, E. 3. c, 2, 3, reversing erroneous judgements given in inferior Courts; damning illegal Patents, Monopolies, Impositions, Exactions, redressing, removing all public grievances or particular wrongs complained of; censuring or judging Delinquents of all sorts; punishing the Members of either house for offences against the Houses; declaring what is Law in cases of difficulty referred to the Parliament (of which there are a By acta●●, l, 1, c. 2. 2 E, 3, f. 7▪ Register, Folly, 271, Westm, 2, c, 18, 14 E, 3, c, 5, 25, E, 3, stat, 2, of these that are borne beyond the sea● sundry precedents.) In these, and such like particulars, the King hath no swaying negative voice at all, but the houses may proceed and give judgement, not only without the King's personal presence or assent) as the highest Court of justice, but even against his personal Negative vote or dissassent, in case he be present, as infinite examples of present and former times experimentally manifest beyond all contradiction. Nay, not only the Parliament, but King's Bench, Common Pleas, Chancery, and every inferior Court of justice whatsoever, hath such a Privilege by the Common law and b Magna Charta, c, 29, and Cooks Institutes ibid., 2 E, 3, c, 8. 14 E, 3, c, 24, 15 ●, 3, c, 2, 3, 18 E, 3. stat, 3, 20 E▪ 3. c, 1, 2. 1 R, 2 c, 2, 11 R, 2, c. 19 statutes of the Realm, that the King himself hath no negative voice at all somuch as to stay, or delay for the smallest moment by his great or privy seal any legal proceedings in it, much less to countermand, control, or reverse by word of mouth or proclamation, any resolution or judgement of the judges given in it: If then the King hath no absolute Negative overruling voice in any of his inferior Courts; doubtless he hath none in the supremest greatest Court of all▪ the Parliament; which otherwise should be of less authority, and in far worse condition than every petty sessions, or Court Baron in the Kingdom. The sole question then in debate must be; Whether the King hath any absolute Negative overruling voice in the passing of public or private Bills? For resolving which doubt, we must thus distinguish: That public or private Bills are of two sorts. First, Bills only of mere grace and favour; not of common right: such are all general pardons, Bills of naturalisation, indenization, confirmation, or concession of new Franchises, and Privileges to Corporations, or private persons, and the like; in all which the King, no doubt, hath an absolute negative voice to pass or not to pass them; because they are acts of mere grace (which delights to be ever free and arbitrary,) because the king by his oath and duty, is no way obliged to assent thereto; neither can any subjects of justice or right require them at his hands, it being in the Kingsfree power, to dispense his favours freely when and where he pleaseth, and c Rome, 9, 15. 16. c. 11. 6. Nisi gramita non est gratia, August. De Natura & gratia, l. 1, c, 31. 36 E. 3. the Pardon, 〈…〉, 43. E. 3. c. 4. 501. 3. c. 3. 1 R. 2. c. 10. 2 R. 2. ●●7. 1 H. 4. c. 20. 4 H. 4. c. 1. 6 R. 2. c. 13. stat▪ 2. c. 1. and all general acts of Pardon, contrary to the very nature of free grace, to be either merited or constrained. Secondly Bills of common right and justice, which the King by duty and oath is bound to administer to his whole kingdom in general, and every subject whatsoever in particular without denial or delay: Such are all Bills for the preservation of the public peace and safety of the kingdom; the Liberties, Properties, and Privileges of the Subject: the prevention, removal, or punishment of all public or private grievances, mischiefs, wrongs, offences, frauds in persons or callings; the redress of the defects or inconveniences of the Common Law; the advancing or regulating of all sorts of Trades; the speedy or better execution of Justice, the Reformation of Religion, and Ecclesiastical abuses, with sundry other Laws, enacted in every Parliament, as occasion and necessity require. In all such Bills as these, which the whole state in parliament shall hold expedient or necessary to be passed, I conceive it very clear, that the king hath no absolute negative voice at all, but is bound in point of office, duty, Oath, Law, justice, conscience, to give his royal assent unto them when they have passed both houses, unless he can render such substantial reasons against the passing of them, as shall satisfy both Hou●e●. This being the only point in controversy, my reasons against the King's absolute overswaying negative Voice to such kind of Bills as these, are: First, because being Bills of common right and justice to the Subjects, the denial of the Royal assent unto them is directly contrary to the Law of God, which d 2▪ Sam. 3. 3. 2 Chron. 9 8. Ezek. 45. 8, 9 Est. ●. 13. to 22. Dan. 3. 29. 2 Chron. 30. 1. to ●. 23. 1 Chron. 13. 1. to 7, Est. 9 27. 〈◊〉 32. commandeth kings to be just, to do judgement and justice to all their Subjects, especially to the oppressed, and not to deny them any just request for their relief, protection or welfare. Secondly, because it is pointblank against the very letter of Magna Charta (the ancient fundamental Law of the Realm, confirmed in at least 60. Parliaments) ch. 29. WE SHALL DENY, WE SHALL DEFER (both in the future tense) TO NO MAN (much less to the whole Parliament and Kingdom, in denying or deferring to pass such necessary public Bills) JUSTICE OR RIGHT, A Law which in terminis takes clean away the Kings pretended absolute negative Voice to these Bills we now dispute of. Thirdly, Because such a disasse●t●ng Voice to Bills of this nature, is inconsisent with the very e See d●before, ●racton, l. 1. c. 2. l. 3. c. 9 Fortescue, c. 9 to 15. Cook l. 7. office, duty of the king, and the end for which he was instituted: to wit, equal and speedy administration of common right, justice, and assent to all good Laws for protection, safety, ease, and benefit of his Subjects. Fourthly, Because it is repugnant to the very Letter and meaning of the king's Coronation Oath solemnly made to all his Subjects; TO GRANT, FULFIL, and Defend ALL RIGHTFUL LAW which THE COMMONS OF THE REALM SHALL CHOOSE, AND TO STRENGTHEN AND MAINTAIN THEM after his power. Which Clause of the Oath (as I formerly manifested at large, and the Lords and Commons in their Remonstrance of May 26. and f 5. 11. ●olvins case. Nou. 2. prove most fully) extends only, or most principally to the kings Royal assent to such new rightful and necessary Laws as the Lords and Commons in Parliament, (not the king himself) shall make choice of. This is infallibly evident, not only by the practice of most of our kings in all former Parliaments, (especially in king Edward the 1, 2, 3, 4. Rich. 2. Hen. 4, 5▪ and 6. reigns), whereof the first Act commonly in every Parliament was, the confirmation of Magna Charta, the Charter of the Forest, and all other former unrepealed Laws; and then follow sundry new Act● which the Lords and Commons made choice of as there was occasion, and our Kings assented to, (confessing they were bound to do it by their Coronation oath and duty, as I shall manifest presently:) but likewise by the words of the Coronation oaths of our ancienter Kings, already cited in the first part of this Discourse; and of our King's oaths of latter times: the g See the Remonstrance of the Lords and Commons Nou. 2. 1642. p. 35, 36, 37, 38. Coronation Oaths of King Edward the 2. and 3. remaining of Record in French, are in the future tense. Sire, grants vous a tenir et garder LES LEYS et les Coustumes DROITURELES les quiels LA COMMVNANTE de vostre Royaume AURESLV, & les defenderer et assorcer●r al honeur de Di●u a vostre poare? Respons. je le FERAI, in the future, too. The close Roll of An. 1. R. 2. M▪ 44. recites this clause of the Oath which King h See Wa●singham, Hist. Ang. 1. R. 2. p. 192, 193, 194. where the whol● manner of his Coronation is expressed at large. Rich took in these words; Et etiam de tuendo & custodiendo JUST AS LEGES & consuetudines ecclesiae, ac de faciendo per ipsum Dominum Regem, eas esse protegendas & ad honorem Dei CORROBOR AND AS quas WLGUS JUSTE ET RATIONABILITER ELEGERIT juxta vires ejusdem Domini Regis, in the future tense. And Rot. Parliament, 1. H. 4. p. 17. expresseth the clause in King Henry his Oath thus: Concedis IVSTAS LEGES & consuetudines esse tenendas, & promittis per te eas esse protegendas & ad honorem Dei CORROBORANDAS QV AS WL GUS ELEGERIT secundum vires tuas. Respondebit; Concedo & Promitto. In the Book of Clarencieux Hanley, who lived in King Henry the 8. his reigle, this clause of the Oath (which this king is said to take at his Coronation) is thus ●endred in English: Will you GRANT, FULFIL, defend ALL RIGHTFUL LAW and Customs, the which THE COMMONS OF YOUR REALM SHALL CHOOSE (in the future, and where but in the Parliament House when and where they meet together to make good Laws?) and shall strengthen and maintain to the worship of God, after your power▪ The King shall answer, I grant and behe●e. But that which puts this past all doubt, is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protector and King's Council in words, but not sense; Do you grant to make NO NEW LAW, but such as SHALL BE to the honour and glory of God, and to the good of the Commonwealth, and that the same SHALL BEE MADE BY CONSENT OF YOUR PEOPLE, AS HATH BEEN ACCUSTOMED? Where this clause of the Oath, refers wholly and only to future new LAW, to be chosen and made by the People's consent, not to Laws formerly enacted. And certainly it must do s●, else there would be much Tautology in this short solemn Oath, unsuitable to the grave wisdom and judgement of an whole Kingdom to prescribe and continue for so many ages, and for our Kings in discretion to take: For the first clause of the Oath both in the Latin, French, and English Copie● of ancient and present times, is this, Sir will you grant and keep, and by your oath confirm to the people of England; THE LAW AND CUSTOMS GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND, rightful men, and devout to God; and namely the Laws and Customs, and Franchises granted to the Clergy and to the people by the glorious King Edward, to your power? Which clause relating to all Laws and Customs granted by forme● Kings to the people; if this latter clause should be in the pretertense too, HATH CHOSEN (as the King and his mistaken Counsel object) it would be a mere Surplusage, or Battology, yea the same insubstance with the first part of the oath, and ou● Kings should be only bound by their oaths to observe their Ancestors Laws, not their own as they now argue, (the reason perchance why the Petition of Right, and our other new Laws are so ill observed) which is ridiculous to imagine. And whereas they object, that the word CUSTOMS joined to laws in the last clause, cannot be meant of such Customs as the people shall choose after the Oath made, because all Customs are, and must be time out of mind. The Answer is very easy; For Customs here are not taken strictly for ancient usages time out of mind; but for Statutes, Franchises, just Liberties, or Taxes for the Kingdom's defence, chosen & freely granted by the Commons or people, and to be confirmed by the King in Parliament; as appears by the first clause of the oath, the laws & customs granted to them by the ancient Kings of England. And by i l●b. 1. c. 2. f, 1. b. Bracton himself, who expounds this clause of the oath to relate to future Laws, newly made by our Kings after their Coronations, in this observable passage. Hujusmodi vero leges Anglicanae & CONSVETUDINES, regum authoritate jubent quandoque, quandoque vetant, & quandoque vindicant, & puniunt transgressores; quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIUM ET SACRAMENTO REGUM CONFIRMATAE, mutari non poterunt nec destrui, SINE COMMUNI CONSENSV EORUM OMNIUM, see Brook and Fitz. Herbert. and Ash. Title Custom. & Prescription. Cook's Instit. on Littleton, f. 110. b. 113, b. 175. b. quorum CONSILIO ET CONSENSV FVERUNT PROMULGATAE. Now no Customs properly so called, can commence by way of grant, especially of the King alone; but only by the people and common usage for a good space of time (as the Customs of gavelkind, Burrough English, and such like, never granted nor commenced by Charter or Act of Parliament, did;) and if the King by Charter or Act of Parliament, should grant a new Custom, before it were a Custom in this sense, it would be utterly void in law, because there was no such custom then in being, Cooks Instit on Little●on f. 58. b. and the Books there cited, Register. f. 151. Brief de CONSVETVDINI●VS & ●ervitiis. and no gran● or act can make or create a custom or prescription that had no former being. Therefore Custom in this oath, coupled with just and reasonable, must needs be meant only of such just and reasonable statutes, liberties, privilidges, immunities, aides, taxes, or services for the subjects ease and benefit, and the public service, as they upon emergent occasions shall make choice of in Parliament; of whose justness and reasonableness not the King alone, but the grand Council of the Kingdom (assembled in the Parliament, to this very end, to judge of, make, and assent to just and profitable Laws) are and aught to be the proper judges, as I have elsewhere manifested; and the very words of the oath, QVAS WLGUS ELIGERIT, to which justas leges & consuetudines relates, resolve beyond contradiction. And King David and Achish both were of this opinion, 1 Chron. 13. 1. to 6. 2 Sam. 18▪ 2, 3, 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himself, and Saunel too: 1 Sam. 8. 4 to the end. Fifthly, Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reigns comprising the two last reasons. To instance in some few of many: the ancient statutes of * Now Mal●orrough. Marlbridge begin thus. The year of grace 1267. for the better estate of the Realm of England, and for the more speedy ministration of justice, AS BELONGETH TO THE OFFICE OF A KING, the more discreet men of the Realm being called together, as well of the higher as of the lower estate: It was provided, agreed, and ordained, that whereas the Realm of lat● had been disquieted with manifold troubles and distractions, for reformation whereof statutes and laws BE RIGHT NECESSARY, whereby the peace and tranquillity of the people may be conserved, wherein the King intending to devise convenient remedy, hath made these Acts underwritten. * Westm. the first. The statutes of 3 Edw. 1. have this Prologue. These be the Acts of King Edward, etc. at his first Parliament general after his Coronation. Because our Sovereign Lord the King hath great zeal in desire to redress the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church, and of the Realm etc. the King hath ordained and established these Acts underwritten, which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realm. And cap. 17. in the Marches of Wales, and elsewhere, where the King's Writs be not currant, the King which is chief and sovereign Lord there, SHALL DO RIGHT THERE unto such as will complain. And cap. 48. * In the Statutes at large it is c. 48. but 51. in Mag. Charta●s. The King hath ordained these things unto the honour of God, and holy Church, and for the commonwealth, and for the remedy of such as be grieved; and for as much as it is great charity (which is oft times put for justice, as here) TO DO RIGHT UNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE, by assent of all etc. it was provided. The statute of Gloucester in the 6. year of King Edw. 1. is thus prefaced. For the great mischiefs and disinherisons that the people of the Realm of England have heretofore suffered, through default of the law that failed in divers cases within the said Realm; our sovereign Lord the King for the amendment of the land; for the relief of his people, and to eschew much mischiefs, damages and disinherisons, hath provided established these Acts underwritten, willing and commanding that from henceforth they be firmly kept within this Realm. The Statutes of Westminster, 2. in his 13. year begin thus: Whereas of late our sovereign Lord the King, etc. calling his Counsel at Gloucester, and considering that divers of this Realm were disherited, by reason that in many cases, where remedy should have been had, there was none provided by him nor his Predecessors, ordained certain statutes, right necessary and profitable for his Realm, whereby the people of England and Ireland have obtained more speedy justice in their oppressions then they had before, and certain cases (wherein the law failed) did remain undetermined, and some remained to be enacted that were for the reformation of the oppressions of the people; our sovereign Lord the King in his Parliament holden etc. the 13) ear of his reign at Westm. caused many oppressions of the people, and defaults of the laws, for the accomplishment of the said statutes of Glocest to be rehearsed, and thereupon did provide certain Acts here following. The statute of Quo Warranto, An. 1278. (the 6. year of this King, made at Glocest.) hath this exordium. The King himself providing for the wealth of his Realm, and the moreful administration of justice, AS TO THE OFFICE OF A KING BELONGETH; the more discreet men of the Realm, as well of high as of low degree being called thither, it was provided &c. The sta●. of York 12 E. 2 hath this Prologue. Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs, damage and disherison by reason that in divers cases where the law failed, no remedy was purveyed etc. our sovereign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York etc. hath made these Acts & statutes here following, the which he willeth to be straight observed in his said Realm. In 9 Ed. 3. in a Parliament held at York. * The Prologue and 〈◊〉. the Commons desired the King in the said Parliament by their Petition, that for the profit and commodity of his Prelates, Earls, Barons, and Commons of his Realm, it may please him, WITHOUT FURTHER DELAY, upon the said grievances and outrages to provide remedy: our sovereign L. the K. desiring the profit of his people by the assent of his Prelates etc. upon the said things disclosed to him, & found true, to the great hurt of the said Prelates etc. and oppression of his Commons, hath ordained and established &c. In 10. E. 3. stat. 1. there is this introduction. Because our Sovereign Lord the King Edw. 3. WHICH SOVEREIGNLY DESIRETH the maintenance of his peace and safeguard of his people, hath perceived at the complaint of the Prelates, Earls, Barons, and also at the showing of the Knights of the shires, and the Commons in their Petition put in his Parliament etc. divers oppressions and grievances done to his people, etc. COVETING to obvent the malice of such felons, and to see a covenable remedy, hath ordained, etc. for the quietness and peace of his people, that the articles underneath written be kept and maintained in all points 14. E. 3. stat. 1. To the honour of God, etc. the King for peace and quietness of his people, as well great as small, doth grant and establish the things underwritten. The like we have in 15. E. 3. stat. 1. and in this king's Proclamation for revoking it, there is this passage; We considering, how BY THE BOND OF OUR OATH WE BE BOND TO THE OBSERVANCE AND DEFENCE OF THE LAW AND CUSTOMS OF THE REALM, etc. So in 20. E 3. Because that by divers complaints made to us, we perceived that the law of the land which WE BY OUR OATH BE BOND TO MAINTAIN is the less well kept, and the execution of the same disturbed many times, etc. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER, and for this cause desiring as much for the pleasure of God and ease and quietness of our Subjects, AS TO SAVE OUR CONSCIENCE AND TO KEEP OUR SAID OATH, by the assent of the great men and other wise men of our Counsel, we have ordained these things following 23. E. c. 8. That in no wise ye omit the same, as ye love us and the Commonwealth of this Realm. 25. E. 3. stat. 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be, the King willing to provide quietness and common profit of his people, by the assent, etc. hath ordained and established these things under-written. The passage in the statute of Provisors, 25. E. 3. Parliam. 6. is notable. Whereupon the said Commons have prayed our Sovereign Lord the King, that SITH THE RIGHT OF THE CROWN OF ENGLAND, AND THE LAW OF THE SAID REALM IS SUCH, that upon the mischiefs and damages which happeneth to his Realm, HE AUGHT AND IS BOUND OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY, AND THE LAW OF VOIDING THE MISCHIEFS and damages which thereof cometh, that it may please him thereupon to ordain remedy. Our Sovereign Lord the King seeing the mischiefs and damages before named, and having regard to the statute made in the time of his Grandfather, and to the cause contained in the same; which statute always holdeth his force, and was never defeated, nor annulled in any point; and by so much AS HE IS BOUND BY HIS OATH TO DO THE SAME TO BE KEPT AS THE LAW OF THIS REALM though that by sufferance and negligence it hath been attempted to the contrary; also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore, willing to ordain remedy for the great damage and mischiefs which have happened, and daily do happen to the Church of England by the said cause; By assent of the great men and Commonalty of the said Realm, to the honour of God and profit of the said Church of England, and of all his Realm, hath ordered and established▪ etc. 28. E. 3: The King for the common profit of him and his people, etc. hath ordained. 36. E. 3. To the honour and pleasure of God, and the amendment of the outrageous grievances and oppressions done to the people, and in relief of their estate, King Edward, etc. granted for him and his Heirs for ever these Articles underwritten. 1. R. 2. To the honour of God and reverence of holy Church, for to nourish peace, unity, and concord, in all the parts within our Realm of England, which we do much desire; We have ordained, etc. 3. R. 2. For the honour of God, and of holy Church, and for the common profit of the Realm of England, our Sovereign Lord the king hath ordained, etc. for the quietness of his said people, the Statutes and Ordinances following, etc. cap. 2. (with 2. H. 4. c. 1.) Our sovereign Lord the king greatly desiring the tranquillity and quietness of his people, willeth and straight commandeth, that the peace within his Realm of England be surely observed & kept, so that all his lawful subjects may from henceforth safely and peaceably go, come, and dwell after the Law and usage of the Realm, and that justice and right be indifferently ministered to every of his said subjects, as well to the poor as to the rich in his Courts. 1. H. 4. Henry by the Grace of God, etc. to the honour of God and reverence of holy Church for to nourish peace, unity & concord of all parties within the Realm of England, and for the relief and recovery of the said Realm, which now late hath been mischievously put to great ruin, mischief and desolation, of the assent, etc. hath made and established, etc. 6. H. 4. c. 1. For the grievous complaints made to our Sovereign Lord the king by his Commons of the Parliament of the horrible mischiefs and damnable custom which is introduced of new, etc. Our sovereign Lord the King to the honour of God, as well to eschew the damage of this Realm, as the perils of their souls which are to be advanced to any Archbishoprics or Bishoprics, etc. hath ordained. Divers such recitals are frequent in most of our statutes in all Kings reigns, viz. 37. E. 3. c. 2, 3, 4, 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. (For the common profit of the said Realm, and especially for the good and just government and due execution of the common Law, it is ordained, etc.) 10. R. 2. Prologue & c. 1. 11. R. 2. c. 1. 12. R. 2. 13. R. 2. Prologue & c. 3, 5, 6. 14. R. 2. 21. R. 2. 1. H. 4. & 5. c. 7. 1. H. 6. 8. H. 6. Prologue & c. 25. 10. H. 6. c. 3. 12. H. 6. c. 12. 39 H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H. 7. c. 5, 6. 11. H. 7. c. 18. But I shall conclude with some more punctual ones. 18. E. 3. stat. c. 1, 2. To nourish, love, peace and concord between holy Church and the Realm and to appease and cease the great hurt and perils & impertable losses and grievances that have been done and happened in times past, and shall happen hereafter, if the thing from henceforth be suffered to pass, etc. for which causes, and dispensing whereof, the ancient laws, usages, customs, and franchises of the Realm, have been, and be greatly appaired, blemished, and confounded, the Crown of the king minished, and his person falsely defrauded the treasure and riches of his Realm carried away, the inhabitants and subjects of the Realm impovirished, troubled, etc. the King at his Parliament, etc. having regard to the quietness of his people, which he chiefly desireth to sustain in tranquillity and peac●, to govern according to the Laws, Usages, and Franchises of this Land, as HE IS BOND BY HIS OATH MADE AT HIS CORONATION; following the ways of his Progenitors, which for their time made certain good Ordinances and provisions against the said grievances, etc. by the assent, etc. hath approved, accepted, and confirmed. etc. 2. R. 2. c. 7. Because the King hath perceived, as well by many complaints made to him, as by the perfect knowledge of the thing, etc. the King desiring sovereignly the peace and quietness of his Realm, and his good Laws and Customs of the same, and the Rights of his Crown to be maintained and kept in all points; and the offenders duly to be chastised and punished, AS HE IS SWORN AT HIS CORONATION, by the assent of all the Lords etc. hath defended etc. And moreover it is ordained and established etc. 3 R. 2. Rot. Parl. Num. 38. & 40. The Commons desiring a grant of new power to justices of Peace, to inquire into extortions; the Bishops conceiving it might extend to them, made their protestation against this new grant; yet protested, that if it were restrained only to what was law already, they would condescend to it, but not if it gave any new or further power. The King answers, that notwithstanding their protestation, or any words contained therein, he would not forbear to pass this new grant, and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT. And 6 H. 6. c. 5. We, for as much as by reason of our Regality, WE BE BOUND TO THE SAFEGVARD OF OUR REALM round about, willing in this behalf convenient hasty remedy to be adhibite, have assigned, etc. By these, with infinite such like recitals in our ancient and late statutes in the Kings own Proclamations, Commissions, yea and in writs of law (wherein we find these expressions; a Register. part 2. f, 7. c. 15. a. Nos qui singulis de regno nostro in EXHIBITIONE JUSTITIAE SVMVS DEBITORES; plaenam & celerem justitiam exhiberi facias. b ibid. f. 10. 38. b. 127. b. 180. a. Nos volentes quoscunque legios nostros in curiis nostris etc. justitiam sibi etc. nullatenus differri. Ad justitiam inde reddendam cum omni celeritate procedatis c ibid. f. 125. b, 126. 129. Nos oppressiones, duritias, damna excessus, & gravamina praedictae nolentes relinquere impunita; volent esque SALVATIONI & QVIETI POPULI NOSTRI hac parte PROSPICERE VT TENEMUR; eidm celeris justitiae complementum, & debitum & festinum iustitiae complementum fieri facies, d ibid. f. 42. a, 43. b, see f. 60. to 65. Nos huiusmodi praeindicio precavere volentes, prout ASTRINGIMUR JURAMENTI VINGULO. Quia● iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus & defendi prout AD HOC JURAMENTI VINCULO ASTRINGIMUR & TENEMUR. &c, It is most apparent, that the Kings of England both by their oath, duty, and common right, even in point of justice and conscience, are bound to assent to all public Acts as are really necessary for the peace, safety, ease, weal, benefit, prevention of mischiefs and redress of greivances of all, or any of their subjects, without any tergiversation, or unnecessary delays, when they are passed and tendered to them by both Houses, and that in such acts as these they have no absolute Negative voice at all, but aught to give their speedy, free, and full consents thereto, unless they can give satisfactory reasons to the contrary. Sixthly, All our ancient Kings of England, (as the premises, with all public useful statutes enacted in their reign▪ evidence) have always usually given their free and full consents in Parliament to such public acts as these, without denial or protraction, conceiving they were bound by oath and duty so to do; and if they ever denied their royal assents to any Petitions or Bills of the Lords and Commons of this nature, they always gave such good reasons for it as satisfied both Houses: witness their answers to infinite Petitions yet extant among the Parliament records. Therefore the King now is as much obliged thereto as they. Seventhly, If the King in point of law, should have an absolute negative voice in denying his assent to public Bills of mere right, and justice; then he should have power by law to deny justice and right, and to do wrong and injustice to his people; a prerogative which neither God himself, nor any lawful Monarch ever yet challenged; but renounced with greatest detestation. I read in * Apothegm. Plutarch that when a flatterer said to king Antigonus, that all things were honest and just to Kings, he answered: only indeed to Kings of Barbarians, but to us honest things are to be accounted for honest, only just things for just: And that * Plutarch Apotheg. Lat●n. p. 468. Acrotatus gave the like answer to his parents, when they pressed him to do an unjust thing: Quo●iam vult is me optima ag●re, optimum aute●● est cum privato, tum multo etiam magis Principiid quod est justum, agam qu●●ultis, quae viro dicitis detrectabo. Yea our law expressly denies the king any such unjust prerogative, by these unquestionable maxims: f ●ract. l. ● c. ●. l. 6. 16. l, 3. c. ●▪ Fl●t. l, 3. c, 3. 17, & f. 5, 7, Cook l: 11, ●. 72, 7●. l. 7, f, 5. 11. C●lo. case, Forts c. 9, to 15. Ploud. 246 247. 487. 21. E, 3, f. 47. the King neither can, nor ought by law to do any wrong, seeing he is God's Vicar, and the fountain of justice.. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIUSTE AGERE: which our g Plouden, ●, 246. 247. & Ashes Table P●erogat. 60. judge Cook● Argu. against ship-money. p, 58. to 65. law-books make no defect of power, but one of the highest branches of the King's Prerogative: for confirmation whereof, I shall only cite one notable Record, 7. H. 4. Rot. Parl. Num. 59 The Commons complained, that by the favour of Ordinaries, divers incumbents were outed of their benefices by superinstitutions upon presentations of the King, contrary to the statute in that case provided; and were denied a Scire fancies, without a special licence or command of the King first obtained, to the great offence of God, and against reason and law * 〈◊〉 qu● tiel fait●n● poet ●ye e●●re Prerogative ●n nostr● S●ignour le Ro● quest derogatif all execution de droi● et justi●●. BECAUSE SUCH AN ACT CANNOT BE ANY PREROGATIVE AT ALL IN OUR LORD THE KING, WHICH IS DEROGATIVE TO THE EXECUTION OF RIGHT AND JUSTICE. Wherefore they petitioned the King, that he would be pleased to grant and command the Chancellor, to deliver a writ of Scire facias to every of his Liege's who are outed of their benefices or possessions by the foresaid title of the King, and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the suit of the parties: and further, to do right to the parties, without suing to the King, and without other warrant from him. To which the King gives this answer. The King wills, that the said statute be firmly held and keep; and farther willeth and granteth, that if he presents to any benefice which shall be full of any Incumbext, that the Presentee of the King shall not be received by the Ordinary to such a benefice, until the King hath recovered his presentment by process of Law in his own Court: and if any Presentee of the King be otherwise received, and the Incumbent outed without due Process, as aforesaid, the said Incumbent may commence his suit within one year after the Induction of the Kings Presentee, or later. And further, the King wills that no ratification granted for the Incumbent, after that the King hath presented and taken his suit, shall be allowed pending the plea, nor after the judgement given for the King; but that such judgement shall be fully executed, as reason demands. L●e here the Commons and Parliament affirm, and the King himself subscribes thereto: That the King neither hath, nor yet can have any Prerogative at all, which is derogative, or any impediment at all in the execution of Right and Justice; and disclaim a negative voice, or power, in him, in granting a scire facias to particular Incumbents, unduly outed of their Living by a pretended prerogative power, against Reason and Law. Therefore à fortiori, the King, by his prerogative, neither hath, nor can have any absolute Negative voice at all to hinder the passing of public Bills presented to him by both Houses, for the due execution of right and justice, and the weal, peace, or safety of the whole Kingdom. That speech of h I●t. 38. 5. King Zed●kia● to his Princes (though in a bad case) is an undoubted verity here: Behold he is in your hands; FOR THE KING IS NOT HE THAT CAN DO ANY THING AGAINST YOU: and likewise of King David to his people: 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO. In one word, as it is no impotency in God, but a part of his own divine prerogative; i Tit. 1. 2. Heb 6. 18. that he cannot possibly lie, k 2 Tim 2▪ 13 that he cannot deny himself, l Mal. 3. 6. jam. 1. 17. that he is immutable and changeth not, that he m 〈◊〉. 18 25. cannot do injustice: And as it was the Apostles highest privilege. 2 ●or. 13. 8. We can do nothing against the truth, but for the truth. So it is no note of impotency but of highest Sovereignty in our Kings, that in all Bills of public Right and Common justice, they have no Negative voice or power at all to withstand or deny their passing; for than they should have a prerogative to deny common Right and justice, and so to do public injustice, which God himself (whose vicegerents they are) is uncapable of, and never derived to them. I will close this reason with that memorable speech of that great heathen Emperor julius Caesar, which he sometimes used at Rome in the Council-house; * Dion Hist 43. Bishop jewels Defence of the Apol▪ pa●t 4. c. 5. p. 363. Touching all other affairs that are to be taken in hand for your sake, I am both your Consul, and your Dictator; but as touching any wrong to be done to any man, I am as a private man without office. Eighthly, Our Kings have ever claimed this as an absolute duty from their subjects in Parliament, to grant them such speedy, free, and competent aids, subsidies, customs for the necessary defence of themselves, and the Kingdom, and support of their royal estates, as the urgency of their public wars, and affairs required; and the subjects (though they have sometimes denied subsidies to their Princes upon reasonable causes, and excuses alleged by them, expressed in our n Mat. Paris P. 561, 562, 563. 718, 719▪ 725, 726, 933, 43●, 935. Walsing. by. P. 98. 185. Speed p. 621 Daniel, p. 151, 157, 160, 161, 162, 164, 175, 256. Historians) yet have always held it their o 37 H. 8. c. 24 1 E. 6. c. 13 7 E. 6. c. 12. 13. see judge Crooks & Huttons ●rgum. against ship-money. BOUNDEN DUTY to grant such aids in Parliament, when (and sometimes before) they have been required, and have really done it without refusal, when they saw just cause to grant them; as all the old and new Acts for the grant of Customs, Subsidies, Dimes, Quindismes, Tonnage and Poundage, Polemoney, with other such aides in all our Kings-Reignes, abundantly evidence. Therefore the King (who is as much obliged by oath and duty to aid his subjects, and provide for their common protection, weal, peace, ease, as they are to provide for His, and the Kingdom's safety) is by like reason as much obliged in duty not to deny them such public Acts; as they are not to deny him such public aides. Ninthly, Kingdoms and Commonweals were existent before Kings, for there must be a Kingdom, and society of men to govern (as p Polit. l. 1, 2, 3, 4, 5. Aristotle, q De officiis l. 2 Cicero, r Hist. l ●. Polybius, s De civet. Dei l. 2. c. 21. Augustine, t De La●d. Leg Ang▪ c▪ 9 to 15. Fortescue, and all other Politician's accord) before there could be a King elected by them for to govern them: And those Kingdoms and societies of men had (for the most part) some common laws of their own free choice by which they were governed, before they had Kings; which laws they u Xenoph▪ de Laced. Repub. p. 690 Hier. Blanca, R●yum Aragenens. Comment p. 588. 589. swore their Kings to observe before they would crown or admit them to the government; and likewise gave them a further oath, to pass and confirm all such subsequent laws as they should make choice of for their public benefit and protection; as is evident by the Coronation oaths of all our own (yea of most other Christian, and some Pagan Kings) continuing to this very day; and these words in the King's oath QUAS VULGUS ELEGERIT (which intimates the choice of Laws to be wholly and fully in the people's free elections) prove beyond Contradiction: Yea those ancient lawgivers x Xenoph. de Laced, & Atheni●n●ium Repub. Plato & Cicero de legibus, lib. Aristol. Polit. l. 1 2, ●, & 4. Diodovui● c▪ Bibl, hist. l ●, 2, 3, Plut●rc, Num, Pompilius Lycurgus, S●lon. Solon, 〈◊〉 Li●●rgu●, Numa, with others, who took pains to compile Laws for several Kingdoms and Republikes, did only recommend them to the people, whose voluntary a●●ent unto them made them binding; Which laws they either altered or repealed as they saw cause. Besides, during Interrognums in sorraigne elective Kingdoms, the Estates in Parliament have power to make new binding Laws, repeal and alter old, as they did in y Hieron. Bla●ca, Arag●nensRerum. comment. p. 588, 589. joannis Mari●na De Rebus Hisp. l, 8. c, 1. HierPauli R●gum Aragonen: s●ri●●. I●a●nes Pistorius Hispani, illustr: Tom 2 p. 849. Arragon after Sanchius his decease) before they elected a new King (whom they swore to observe the Laws then made, before they would admit him) without any King's assent at all, who yet give their royal assent to Laws made in their reigns: And in our own and other successive Kingdoms during the King's infancy, dotage, absence, the Kingdoms and Parliaments have an absolute power (as I have already manifested) to create Regent's or Lord-Protectors● to execute royal authority and give royal assents to public acts in the King's name and steads, without their actual personal assents; which laws being necessary for the Subject, shall be as firm and obligatory to King and Kingdom, as those to which they actually assent: Yea, if Kings chance to die without any heir, the Kingdom in such a case may assemble of themselves, and make binding necessary laws without a King, and alter the very frame of government, by public consent. Therefore the royal assent to just, necessary, public Bills, is in truth but a formal Ceremony or compliment (much like a King's Coronation) z Cook, 7, Report, calvin's case f. 10, 11. without which he may be, and is a lawful King,) bestowed by the people upon Kings for their greater honour, with this limitation, that they must not deny it when they of right require it to any just or necessary law; * Cook 7, Report f, 36, 37. not simply to make, but declare & confirm a law already made and passed by both houses (much like a Tenant's a See Little tons chap. of Attornment, and cooks Instit. ibid. attornment to the grant of a Reversion) And therefore Kings may neither in law, nor conscience deny it when it is necessarily demanded to any just public Bills, unless they can show good reason to the contrary, so far as to satisfy their people why such laws should not pass. Tenthly, Our very laws in many cases deny the King an absolute negative voice or power, even in matters of Prerogative, because they are contrary to his oath, and mischievous to the Republic. This appears most clearly in matters of Pardons, the Statutes of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact. That Charters of pardon shall not be granted for man slaughters, Roberies, Felonies, and other Trespass, but ONLY WHERE THE KING MAY DO IT BY HIS OATH; (that is to say, where a man slayeth another in his own defence, or by misadventure,) or in case, where he may do it KEEPING AND SAVING THE OATH OF HIS CROWN. So the King b Cook l. 7▪ f, 36, ●7. 37, H. 6, 4. ●rooke charter de Pardon, 24, 5, report f, 50. 51. cannot pardon nor release the repairing of a Bridge or Highway, or any such like public charges, or any public Nuisances or offences against paenall Laws pro bono publico, because it is contrary to the trust and confidence reposed in him for the public good, because the republic hath an interest herein: and the pardoning of them would be mischievous for the common good: In like manner the King c Mag. Chart. 29. 1 E, 3, c, 8. 14 E 3, c, 14. 1 R, 2, c, 3. cannot deny, delay, nor defer justice, nor stay the judges from doing present right and justice to any of his Subjects by his Letters under his great or privy seal, because it is contrary to his oath and duty: Neither d See judge Crookes and Hutions arguments against shipmoney, & the Books and Statutes therein cited. can he by his absolute Prerogative, impose any the least ●axe or imposition on his subjects without their common consent in Parliament; nor e 11 H. 7, f. 12. B●, Charter de Pardon, 76, 42, Ass. 5, 12, Br. Com. 15, 16. yet authorise any other to kill, beat, wound, imprison any man's person, or take away his goods, without due process of law; Yea the very laws and custom of the Realm deny the King any absolute negative voice even in the Parliament House in reversing erroneous judgements, Charters, Patents, declaring what is law in difficult cases, or in proceedings and sentences against Delinquents, or in any one particular whatsoever which concerns the administration of right or common justice.. Therefore by the selfsame reason, the very law denies him any such negative voice in refusing his royal assent to Bills of common right and justice; And as both Houses do always overrule the King, not He both Houses in the one; so, by parity and congruity of reason, they ought to oversway him in the other, there being the same reason in both cases, and the one no greater an ●ntrenchment upon his Prerogative than the other. Eleventhly, This is infallibly proved by the usual form of our King's answers to such Bills as they assent not to, b Mr. Ha●kwells passing Bills. p, 87. with others forecited. A Remonstrance of both houses, Nou. 2, 1642. p. 27. Le Roy so it a visera, The King will be advised, or take further consideration: which is no absolute denial, but a craving of longer time to advise upon them, and thereupon to assent to them if he can see no just cause to the contrary, or else to give satisfactory reasons why he cannot assent: Which answer were not proper, nor formal, had the King an absolute negative voice to reject Bills, without rendering a sufficient satisfactory reason of his refusal of them. Twelfthly, public Bills for the Subjects common good, are form for the most part, by the Lords and Commons themselves, who in truth (as I have elsewhere proved) are the chief Lawmakers, & who (as c Polit. l. 3, c, 7. Aristotle defines) know better what is good and necessary for their own benefit, than the King, their public Minister for their good; Itaque majorum rerum potestas jure populo tribuitur, is Aristotle's resolution. Therefore in passing such Bills, there is greater ●eason, that both Houses should overrule the King, than the King them. It is usual in all inferior Counsels of State, Law, Wa●ie, of the Kings own choice, for the Counsel to overrule the King in matters of State, Law, War, unless the king can give better reasons against, than they do for their conclusive advice: and kings in such cases do usually submit to their Counsels determinations, without contradiction: of which we have sundry precedents, not only in profane, but d 1 Sam. 14. 38 〈◊〉 4. c, 29, 1. to 12. 2 Sam. 13 2, 3, 4, c. 19, 1. to 9 1 Chron. 13. 1 106. 2 Chron, 30 2, 3▪ 5. 23. Esth. 1 13. to 22. jer. 38 4. to 28, Dan. 6▪ 4. to 20. Sacred story. Physicians in points of Physic, Lawyers of Law, Divines of Divinity, Soldiers of War, Pilots of Navigation, and so all Artists in their several Arts, not only instruct, but oversway their princes, without final contradiction: This being a known received Maxim in Law; Vnicuique in sua arte peritest credendum: And shall not then the Grand Counsel of the Realm in all public State-affairs, and Bills of Consequence, mu●h more overrule the king, than his privy Counsel? Especially since in the Statutes of 1. H. 4. c. 6. 4. H. 4. c. 1. it is enacted to the end that the King may not be deceived in his Grants and Gifts, annual or in fee, or in any offices by him to be made, given, or granted, HE WILL by the assent of the Lords spiritual and temporal, and at the request of the Commons BE COUNSELLED BY THE WISE MEN OF HIS COUNSEL IN THINGS TOUCHING THE ESTATE OF HIM AND HIS REALM; and that he will make no such gifts nor grants, saving to such persons as the same deserveth, and as best shall seem to the King AND HIS COUNSELL. And sith it is THE DESIRE OF ALL THE ESTATES OF THE REALM, that nothing should be so demanded of the King, he wills that all those that make any such demand contrary to this statute, shall be punished by advice of him and his Counsel, and that ●ee that maketh such demand, shall never have the thing so demanded. A Law now meet to be put in execution. Thirteenthly, If the king should have an absolute Negative Voice, in refusing such public Bills as are necessary and expedient for the common good and safety of his people, It would rest in the mere power and pleasure of a wilful or misadvised king, seduced by evil Counselors, to deprive the kingdom of the principal use, benefit, and privilidges of Parliament, * Sir Tho. smith's Commonwealth l. ●, c, 1, 2, Brook Minshaw, cowel, Title Parliament Vowel, Holinsh. Cambd in their Discourses of Parliaments. the making of good and wholesome laws, for the good government of the Realm▪ the removal or prevention of emergent grievances or dangers, and execution of public justice on Delinquents▪ to the great peril, prejudice, if not ruin of the Realm. And our f 4, E▪ 3. c. 4. 36. E. 3. c. 10, & She Bill for Triennial Parl. Annual or Triennial Parliaments should serve then to no other purpose, but to supply the king with subsidies, or keep the Wool. sacks & Benches from growing mouldy, whilst the Lords and Commons sat upon them, rather-like so many Ciphers without a ●igu●e, than a Court of Parliament; if the Laws of the Realm were in the King's hand or breast alone, as Richard the 2. sometimes said they were, (an g Grafton, p. 401. 402, Trussell. p. 46▪ Article objected against him at his deposing) contrary to that approved resolution of h Pol●t. l, 4. c. 8 Aristotle; whatsoever se●ms good to the major part of the Governors of the Commonwealth that is established for a law, which holds good in the Kingdom of i Hy●ronym, Blanca Arog●●ens. Rerum. Come p. 768. to 772. Arragon at this day; where the King in making public Laws hath no absolute negative Voice, nor yet in summoning of Parliaments, which are constantly held at their set times every year or two at furthest, whether the king will or not. Fourteen, God himself (the * Deut. 10. 17. 1 Tim ●, 15, Rev. 17. 14, and 19 6. King of kings and Lord of Lord) held this a principal part of his sovereign divine prerogative; to give his people from heaven (when they needed and required it) right judgements, and Laws of truth, good statutes & Commandments for their good and welfare: Neh. 9 14. Exod. c. 19 and 20. and 21. Deut. 4. 8. to 41. and chap. 5. throughout: Neither * Ps. 34▪ 9 10, Psa, 84. 11. jam. 1. 5. 17. Mat. 7, 7, 8, 5, ●, 〈◊〉 11. c 21. 22. john 16. 23. 24. 1 john 5. 14. 15. Isa. 65, 24, Dan, 9, 20, to 25. doth, will, or can he deny any Just or necessary suit, prayer or petition that his poor servants and creatures (though but dust and ashes) jointly, or severally put up unto him: but most willingly grants without the least denial, or unnecessary delay, what ever good and needful things they require at his hands. And can or dare kings then claim a greater, an higher prerogative over their kingdoms, & subiect●, than God himself, the King of kings, doth overh is creatures? or arrogate to themselves an absolute Negative voice, where God himself (whose servants and vicegerents only kings are) neither hath nor will have any, but utterly disclaims it? God forbid, that any such arrogant thought should ever enter into the hearts of any Christian kings, who being in truth but servants to, not absolute Lords over their kingdoms, in whom the sovereign legislative power and authority resides, must, and aught by the Laws of God and man, rather condescend to their parliaments and kingdoms just requests, in assenting to necessary wholesome just Laws, * Eracton, l. 3. c. 9 than their parliaments and kingdoms quietly submit to their unjust disassents unto them to the public prejudice, as is clear by 2. Sam. 8. 4. to the end. Act. 13. 36. Finally, our Ancestors were so far from believing, that our kings havean absolute negative voice, in such Bills as these, that they have not only constrained our kings by threats, yea force of Arms, to summon and continue Parliaments, but likewise compelled them to give their Royal Assents to Magna Charta, Charta de Foresta, Confirmatio Chartarum, Articuli super Chartas, with sundry other public statutes of Right and justice for the common good and subject's safety, and to ratify them with their hands, seals Oaths, Proclamations, the Bishop's solemn excommunications, yea and the Pope's leaden Bulls, against their will and liking, as I have plentifully manifested in the former part: Which forced assents have been held good in Law, to bind these kings and their successors, with this distinction, where the Laws to which this assent was forced are convenient, necessary, or essential for the kingdom's welfare, the subjects just Liberty, and such as the king by duty and oath is bound to assent to: there, if they compel the king to give his assent in case of wilful denial the assent is binding, and shall not be avoided by Duresse, because the King doth no more than he is obliged by Law, Oath, and Duty to condescend to: Upon which ground, a l ●, E, ●, ●7, ●2 E. 4. 7, 8. Ass● 25 43. E. 3. 12. Brook Dures. 1, 4, 10, 15▪ ●7, 6, 22, Fitz. Dure●. 3. 3. 11, 12, 1●, 7 18. Tenant enforced to attorne to a grant of a reversion by imprisonment, upon a Quid juris clamat, shall never avoid this attornment by Duresse; nor an k 13. E. 1. P●rque servitia 23. 37. H. 6. 14, Br Attornment. 2●. Obligation made by one taken in execution for payment of a just debt; nor the just judgement of a judge given by menaces, shall not be avoided: This is clear by Magna Charta, and other Laws gotten at first by m See Math. Paris, p. 244. to 257. Duresse and Menaces from our Kings, and yet firm and binding when even thus assented to, because just and necessary; as King Henry 3. An▪ 12 22. confessed; n Speed, p, 597 Mat. Par. p. 305. Deniel, p. 151. Who when the Barons demanded of him the confirmation of the great Charter, and their Liberties according to his Oath upon the conclusion of the peace with Lewis; William Brewer, one of the King's Counsel answering, that the Liberties they demanded must not be observed, because they were violently extorted, and words hereupon growing between the Barons and him, and the Archbishop of Canterbury kindling at it; the young King prudently closed up the whole strife with this speech; All of us have sworn to these ●iberties, and that which we have sworn, ALL OF US ARE BOUND TO OBSERVE. But where the Acts to which the assent is gained, are unjust or illegal, such to which the King was not bound by Oath or duty to consent, but merely out of necessity to avoid imminent danger of death, or other mischief, and where the whole Parliament was enforced as well as the King; there the acts may be avoided by Duresse, as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1, (which makes void all the Petitions granted by this King in a former Parliament the 29. of his Reign, and all indictments made by Duresse, through the Rebellion, Tyranny, and Menaces of jack Cade and his rebellious rout of Traitors) and by 39 H. 6. c. 1. 15. E. 3. stat. 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills, being public Acts, done in a legal form, are not merely void, but good in Law till they be repealed, and nullified by a subsequent Parliament; (as is evident by the next forecited Statutes;) even as a o 31. H. 6. c. ●. 3. H. 7. c. 2. 1 E. 3▪ c. 15. stat. 2. & stat. 1, c. ●. 1 ●. 2, c 13. 5 R. 2. c 6, See Brooke & Astr. Title Ducesse. Marriage, Bond, or deed made by Duresse or Menace, are good in Law, and not merely void, but voidable only upon a Plea and Trial. And if subsequent Parliaments refuse to repeal these forced Laws, and to declare the Royal assent thereto by coercion, void or illegal, the King cannot avoid them by Duresse (because his Royal assent is a judicial Act in open Parliament, which his oath and duty obliged him to give, and the Laws are rather the Parliaments Act which was not forced, than his own,) but they remain in full vigour as if he had freely assented to them; which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse, against the will and liberty of the King, and right of his Crown, as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten years' space or more, (during which time there were no less than 8. Parliaments held under this King) because these Parliaments refused to reverse them upon this pretext of Duresse; and the Parliament of 1 H. 4, c, 2, 3, 4. received and confirmed them. From all which premises, I humbly conceive, I may infallibly conclude, That the King in passing the forementioned kind of Bills, of Common Right and justice for the Kingdoms, and the Subjects weal and safety, hath no absolute negative voyee, but must and aught of common right and justice, by virtue of his Royalloath and duty, to give his ready and free assent unto them without any tergiversation. And so the Parliament in their Declarations to this purpose, hath no ways invaded nor injured his Majesty's just Prerogative royal in this particular. Nor yet those members in it eclipsed his royal grace, who have upon occasion given affirmed, the Petition of Right, the Bills for Trieniall Parliaments (which before by Law were to be annual at least;) the continuance of this Parliament without adjournment, for the Kingdom's necessary preservation; the acts against Shipmoney, Forest-Bounds &c. (illegal new invented grievances, and oppressions not heard of in former Kings Reigns) and the Statutes for the suppression of the Star-Chamber, High Commission, Knighthood, and Bishops votes, (lately grown intolerable grivances and mischiefs to the Realm; Especially since his Majesty's Reign;) to be no acts of * See Dr▪ ●ullers late Serm▪ the last inauguration day. most transcendent Grace, such as never any Prince before vouchsafed to his people, as they are daily cried up in Press and Pulpit; but Bills of mere Common Right and justice, which the King by his Royal Office, Oath, Duty, in Law and Conscience ought to assent unto, and could not without apparent injustice deny to pass, when both Houses urged him thereunto; the rather because the unhappy fractions of all Parliaments, and Grievances of these Natures under his Majesties own Reign and Government, occasioned by his evil Councillors, were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security; if the sword now drawn to suppress the Parliament, and cut these Gordians (or rather Cobwebs, as Diogenes once termed Laws) a sunder, deprive them not of their benefit, before they scarce enjoy it. I should now here proceed, to manifest the Parliaments taking up of defensive Arms against his Majesty's Malignant Army of professed Papists, Delinquents, and pillaging murdering Cavaliers, (whose grand design is only to set up Popery and an absolute tyrannical Government over our consciences, bodies, estates) in defence of their own persons, privileges, the Subjects Laws, Liberties, Properties, and our Protestant established Religion (devoted by Papists to eternal ruin, as we have cause to fear) to be just, lawful, and no treason nor rebellion at all against the King, neither in point of Law nor conscience; And that the Parliaments assessing of men towards the maintenance of this necessary defensive war, by an Ordinance of both Houses only without the King's assent, (now wilfully absent from, and in arms against his Parliament and People) with their distraining and imprisoning of such as refuse to pay it; and their confinement and securing of dangerous Malignants, to be justifiable by Law and ancient precedents; with other particulars, not yet so fully discussed by any, as is desired. But this part being already grown somewhat large, and having lingered much longer at the Press than I expected; I have thought it more convenient, to reserve the remainder for a future Treatise by itself, then to hinder the state of the present benefit, which it may receive by this, through God's blessing, ere the other can ●ee completed; which I hope will fully un-blindfold the hoodwinked world, and either satisfy the consciences, or stop the mouths of all who are not wilfully malicious against the Truth and Parliaments proceedings; and the Sovereign Power of Parliaments and Kingdoms, over their Kings themselves; which I shall more copiously manifest in the Appendix. FINIS partis secunda. THE THIRD PART OF THE SOVEREIGN POWER OF PARLIAMENTS and KINGDOMS. Wherein the Parliaments present Necessary Defensive War against the King's offensive Malignant, Popish forces; and Subjects taking up Defensive Arms against their Sovereigns, and their Armies in some Cases, is copiously manifested, to be Just, Lawful, both in point of Law and Conscience; and neither Treason nor Rebellion in either; by impregnable Reasons and Authorities of all kinds. Together With a Satisfactory Answer to all Objections, from Law, Scripture, Fathers, Reason, hitherto alleged by Dr. Ferne, or any other late opposite Pamphleteers, whose gross Mistakes in true Stating of the present Controversy, in sundry points of Divinity, Antiquity, History, with their absurd irrational Logic and Theology, are here more fully discovered, refuted, than hitherto they have been by any: Besides other particulars of great concernment. By WILLIAM PRYNNE, Utter-Barrester, of Lincoln's Inn. 2 Sam. 10. 12. Be of good courage, and let us play the men for our People, and for the City of our God, and the Lord do what seemeth him good. Esther 9 1, 2. 5, 10. In the day that the enemies of the jews hoped to have power over them, the jews gathered themselves together into their Cities, throughout all the Provinces of King Ahashuerus, to lay hand on those that sought their lives, and no man could withstand them; for the fear of them fell upon all people. Thus the jews smote all their enemies with the stroke of the sword, and slaughter and destruction; and did what they would with those that hated them; but on the spoil laid they not their hand. It is this eighth day of May, 1643. Ordered by the Committee of the House of Commons in Parliament for Printing, that this Book, Entitled, The third Part of the Sovereign Power of Parliaments and Kingdoms, be Printed by Michael Spark, signior. john White. Printed at London for Michael Spark, Senior. 1643. TO HIS EVER-HONOURED, NOBLE, KIND FRIENDS, THE Right Honourable Lord Ferdinando Fairfax, the Right Worshipful, Sir William Waller, and Sir William Bruerton, Knights, Commanders in Chief, of the Parliaments Forces, in several Counties. Deservedly Renowned Worthies, YOUR Incomparable Valour, Zeal, Activity, Industry for the preservation of Your Dearest Country, Religion, Laws, Liberties, and the very being of Parliaments, all now endangered by an unnatural generation of Popish and Malignant Vipers, lately risen up in Arms against them in divers parts of this Realm; and those many miraculous Victories with which God hath been lately pleased to Crown your cordial endeavours, to promote his glory and the Public safety, as they have justly demerited some grateful general Acknowledgements from the whole Representative Body of the State; so they may in some sort challenge a private gratulatory Retribution from Me, who have formerly had the happiness to participate in your Christian Affections, and now reap much Consolation by your Heroic Actions. Having therefore seasonably finished this Third part, Of the Sovereign Power of Parliaments and Kingdoms; copiously Vindicating, the Lawfulness, justness of the Parliaments present Necessary Defensive War (in which you have had the Honour to be employed, not only as Chief, but which is more, as most successful Commanders, in your several Countries,) in point both of Law and Conscience; and fully wiping off those black Aspersions, of TREASON and REBELLION, which the opposite party (really guilty of these crimes against both King and Kingdom, as I have * Part 1. Edit. 2 p. 108, to 112. elsewhere manifested, and here lightly touched) have out of Malice, Ignorance, or both conjoined, most injuriously cast upon your Loyal, honourable proceedings, which rejoice the souls of all true Philopa●ers, who cordially affect their Country or Religion; I could not, without much ingratitude, yea injustice, have published it to the world, but under the Patronage of your ever-honored resplendent names, who have so valorously, so successfully pleaded this Cause already in the Field, that it needs the less assistance from the Press. My many inevitable interruptions and straits of time in its contexture, which may happily detract something from its perfection; shall I hope, derogate nothing from your Honourable, Friendly acceptation; whom I have thus conjoined in the Dedication; because the Parliament hath united you in their present Warlike employments, and God himself jointly honoured you with success, even to admiration among the Good, indignation amidst Malignants, envy with the Malicious, and, I trust, to an active sedulous emulation in all your Fellow Commanders, employed in other Quarters in the selfsame Cause. Your present busy public, and mine own private Employments, prohibit me to expatiate; Wherefore earnestly beseeching the Glorious Lord of Hosts to be ever mightily present with your several Noble Persons, Forces, and to make you always eminently, active, Valorous, Victorious, as hitherto he hath done, till Peace and Truth, Tranquillity and Piety, by your several triumphant Proceedings, shall once more lovingly embrace and kiss each other in our divided unreformed, sinful Kingdom; And till the effect of these just wars You manage, shall be quietness and assurance to us and our Posterities after us for ever; I humbly recommend your Persons, Proceedings to his protection who can secure you in and from all dangers of war, and rest, Your Honours, Worship's most affectionate Friend and Servant, WILLIAM PRYNNE. To the Reader. Christian Reader, I Who have been always hitherto a Cordial Desirer, endeavourer of Peace, am here necessitated to present Thee with a Discourse of War; to justify The Lawfulness of the Parliaments present taking up of necessary Defensive Arms. Which neither their Endeavours, nor my, with many others Prayers could (with any safety to our Privileges, Persons, Religion, Liberty, Realms, now forcibly invaded by his Majesty's Popish and Malignant Cavallieres) hitherto prevent, or conjure down. To plead the Justness of a War, of an unnatural Civil war, (the worst of any) of a War between the Head and Members, may seem not only a Paradox, but a Prodigy, in a Land heretofore blessed with an aged, uninterrupted Peace: And a Civilis Belli, l. 1. p. 1. Lucan's Bella per Aemathios plusquam civilia Campos, etc. (now most unhappily revived among us) being but Historical, and Poetical; may pass the world with less admiration and censure, than this harsh Piece, which is both Legally & Theologically (like the Subject matter) polemical. But as the b Apud veres Dei Cultores etiam ipsa bella pacata sunt; quae non cupiditate aut crudelitate, sed pacis study ge●iunter Aug. de divers. Eccl. obse●●. 7. Gratian Caus▪ 23. qu. 2. cap. Apud. Albericus Gentilis de jure belli l. 1. c. 5. aim, the end of all just War, is and aught to be only future settled Peace; so is the whole drift of this Military Dissertation: not to foment or protract, but end our bloody Wars; which nothing hath more excited, animated, lengthened in the Adverse party, than a strong conceit, (if not serious belief,) that The Parliaments Forces, neither would, nor lawfully might in point of Law or Conscience forcibly resist or repulse their invasive Arms, without danger of High Treason and Rebellion, (which Bugbear I have here refuted, removed) and the In-activity, the much admired slowness of many of our Forces, in resisting, in preventing their vigorous Proceedings, which a little timely vigilance and diligence had easily controlled. It is a more than c Patriae deesse quoad vita sapp●●a● nef●s est Livius, Rom. Hi●●t. l 5 Barbarous Inhumanity for any person, not to put to his uttermost strength, speedily to close up the mortal wounds of his bleeding, dying Native Country; but to protract its cure, to enlarge, increase its deadly Ulcers, Stabs, Sores, and make a lasting trade of War, out of a sordid, d Militare non est d●lictum sed p●opter praedam militare peccatum est. August de Verbis Dom▪ Tract. 19 & Gratian. cause. 23. qu. 1. sinful desire of Gain, of Plunder, to raise a private fortune by the Republics ruins, (a sin, of which some perchance are guilty) is an unparallelled, most unnatural prodigious Impiety. It was thought a great dishonour heretofore, for men of Honour and Estates, not to serve and defend their Country gratis, as our own e See Littleton in his Chapter of Gran● serjanty, Knight-service, Escuage, & Cook ibi. Lawbooks & Histories plentifully manifest: and shall such Persons now turn sordid Mercenaries; stir neither hand nor foot without their Pay; and be more diligent to get their wages, than discharge their Service? God forbid. It is f Numb. 32 Josh. 1. 12, to 18. Recorded of the Children of Gad and Reuben, after they had recovered their inheritance on this side jordan, that they went all up armed before the Lord over jordan, at their own free cost, until they had driven out all the enemies in it before them, subdued the Land, and settled their brethren of the other Tribes peaceably in it. And shall not Englishmen of Estates do the like for their Brethren now, in these times of need, when money (the sinews of War) is almost quite shrunk up, by reason of former Disbursements and want of Trade? We read, g Jugd 5. 19▪ That the very Heathen Kings of Canaan when they came and fought in Taanach by the waters of Megiddo, against the Israelites, THEY took NO GAIN OF MONEY, for their pains: Such was their Noble generosity, which Deborah registers in her Song for their eternal Glory. And we hear of divers Lords and Gentlemen in the King's Army, which serve against their Country gratis; yea furnish out sundry Horse and Foot, of their proper cost; of few or none such there who receive any Pay. And shall these be more free, generous, active in serving, fight against God, Religion, Laws, Liberties, Parliament and their Country; than those of like Rank and quality on the Parliaments party are in warring for them? O h 2 Sam. 1. ●0 let not such an ignoble, unchristian Report be ever once justly told in Gath, or published in the streets of Askelon, lest the daughters of the Philistines rejoice, lest the sons and daughters of the uncircumcised triumph. I know there are some Heroic Worthies in the Parliaments Armies, of whom I may truly sing with Deborah, i Judg. 5. 9 1●. My heart is toward the Governors of Israel, that offered themselves willingly among the people; and who like Zebulon and Nepthali, have freely jeoparded their lives unto the death, in the high places of the field. Blessed be their Endeavours, and their Names for ever Honourable: I shall now only wish that others would imitate their laudable examples, that so our long-lingring wars, may be speedily and happily determined in a blessed, pure, pious, secure, honourable, lasting Peace. They are Tormentors, not Surgeons, Executioners, not true Soldiers, who desire, endeavour not speedily to close up and heal their dearest Countries bleeding, festering wounds; for which I have prepared this Treatise, as a Sovereign Balm, to incarn and cicatrize them, not ulcerate, or inflame them. It was the Prophet's Patheticke expostulation, k Jer. 8. 20. 22. The harvest is past, the Summer is ended, and we are not healed: Is there no balm in Gilead? Is there no Physician there? why then is not the health of the Daughter of my people recovered? It may be England's and Ireland's expostulation now: The Lord put it into the hearts of our great Physicians (the King, Parliament, and Grandees of both Armies) that they may now at last with bleeding, melting hearts and spirits, speedily pour forth such effectual healing Balms into these two dying Kingdoms deadly wounds, as may effectually cure and restore them to more perfect health and vigour than they ever formerly enjoyed, that so they may lose nothing but their putrid blood, their proud dead flesh, their filthy sanies and corrupt humours, by their unnatural stabs already received: Towards the advancement of which much desired cure, if these my undigested rude Collections (interrupted with sundry inevitable interloping Distractions, which may justly excuse their many defects) may add any contribution, or satisfy any seduced, or scrupulous Consciences touching this present War; I shall deem my labours highly recompensed; And so recommending them to God's blessing, and thy charitable acceptation, I shall detain thee with no further Prologue. Farewell. THE SOVEREIGN POWER OF PARLIAMENTS & KINGDOMS: PROVING 1st. That the Parliaments present necessary Defensive War, is Just and Lawful both in point of Law and Conscience, and no Treason nor Rebellion. HAving in the two former Parts of this Discourse dissipated four chief Complaints against the Parliaments proceedings; Object. 5▪ I come now in order (in point of time and sequel) to the 5th Grand Objection of the King, Royalists, and Papists against the Parliament. To wit: * See many Printed Declarations, Proclamations to this effect; with other Pamphlets. That they have traitorously taken up Arms, and levied war against the King himself in his Kingdom; and would have taken away his life at Keinton battle, which is no less than Rebellion and High Treason, by the Statute of 25. E. 3. c. 2. with other obsolete Acts; and by the Common Law. Which Objection, though last in time, is yet of greatest weight and difficulty, now most cried up and insisted on, of all the rest, in many of his Majesty's late Proclamations, Declarations, and in Anti-Parliamentary Pamphlets. To give a punctual Answer Answ. to this capital Complaint, not out of any desire to foment, but cease this most unnatural bloody war, which threatens utter desolation to us if proceeded in, or not determined with a just, honourable, secure, lasting peace; now lately rejected by his Majesty's party. I say, First, that it is apparent to all the world, who are not wilfully or maliciously blinded; That this Majesty first began this war, not only by his endeavours to bring up the Northern Army to force the Parliament, confessed by the flight, letter's, examinations of those who were chief Actors in it; but by raising sundry forces under colour of a guard before the Parliament levied any. Secondly, that the a See the Houses several Declarations to this effect. Parliament in raising their forces had no intention at all to offer the least violence to his Majesty's person, Crown, dignity, nor to draw any English blood; but only to defend themselves and the Kingdom against his Majesty's Malignant invasive plundering Forces, to rescue his Majesty out of the hands, the power of those ill Councillors and Malignants who withdrew him from his Parliament, to bring him back with honour, peace, safety, to his great Council; (their General and Army Marching with a Petition to this purpose,) and to bring those Delinquents to condign punishment who most contemptuously deserted the Houses, contrary to Order, Law, the Privileges of Parliament, their own Protestation taken in both Houses, sheltering themselves, under the power of his Majesty's presence and Forces, from the justice of the Houses, and apprehension of their Officers, contrary to all precedents in former ages, in High affront of the privileges, honour, power of the Parliament, and * 13 E 1 c. 38 31 H. 6, c. 1. See Ashes Table, Contemp. 6, 7 the Law books there quoted, 6 H. 8. c. 16. 3 E. 3. 19 Coron. 161. Dyer, 60. Stamfords' Pleas, l. 1. c. 29▪ f. 38. l, 3, c, 63, f, 153. Fundamental known Law of the Realm: Since which time, his Majesty having (contrary to his former Proclamations and frequent Printed solemn Declarations) entertained, not only divers Irish Popish Rebels, but likewise English and Outlandish Papists in his Army, and given Commissions to sundry * The Declaration of the Lords & Commons in Answer to his Majesties, concerning Keinton Battle. Arch-Popish Recusants, to A●me themselves, and raise Forces against the Parliament, and Kingdom, now in the field in all the Northern parts, Wales, and other places, (and that under the Pope's own consecrated Banner as many report) in defiance of our Protestant Religion, (designed by the Popish Party both at home and abroad, to no less than utter extirpation in England, as well as in Ireland, if not in Scotland too, (as some of them openly profess;) the Parliament are hereupon necessitated to augment and recrute their forces; as for the precedent ends at first, so now more especially, for the necessary defence of the Protestant Religion established among us by law; against which they (and all others who are not wilfully blinded) visibly discern a most apparent desperate conspiracy; which though not clearly perceived, but only justly suspected at first, doth now appear (all circumstances and agents considered) to be the very Embryo and primitive cause of this deplorable war; against which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever, seeing they have by all possible means endeavoured to prevent this war at first, and since to accommodate it, though in vain, upon just, reasonable, and honourable safe terms for King and Kingdom. The sole Question then in this case thus truly stated will be. Whether his Majesty, having contrary to his Oath, Duty, the fundamental Laws of God and the Realm, raised an Army of Malignants, Papists, Foreigners; against his Parliament, Kingdom, People, to make an Offensive war upon them, to murder, rob, spoil, deprive them of their peace, liberties, properties, estates; to impose unlawful taxes by force upon them; protect Delinquents and evil Councillors against the Parliaments justice, and violently to undermine our established Protestant Religion; the Commonwealth of England legally assembled in Parliament; and all Subjects in such cases, by Command and direction from both Houses of Parliament, may not lawfully and justly without any Treason or Rebellion, in point of Law and Conscience, take up defensive Arms to preserve the Privileges of Parliament, their Laws, lives, liberties, estates, properties, Religion, to bring Delinquents and ill Counsellors to condign punishment, and rescue his seduced Majesty out of their hands and power, though he be personally present with them, to assist and countenance them in this unnatural destructive war? And under correction (notwithstanding any thing I ever yet heard or read to the contrary) I conceive affirmatively, that they may justly do it, both in point of Law and Conscience. I shall begin with Law, because in this unhappy controversy, it must direct the conscience. First, I have b Part 1. & 2. throughout. already proved in Judgement of Law, the Parliament and Kingdom assembled in it, to be the Sovereign power, and of greater authority than the King, who is but their public Minister in point of civil justice, and General in matters of war, as the Roman Kings and Emperors were, and other foreign Kings of old and at this day are. The Parliament then being the highest power, and having principal right and authority to denounce, conclude and proclaim war, (as I have manifested in the debate of the Militia,) may not only lawfully resist, but oppugn, suppress all Forces raised against it, and the Kingdom's peace or welfare. Secondly, the principal end of the Kingdoms, original erecting Parliaments, and investing them with supreme power at first, was, to defend not only with good Laws and Council, but when absolute necessity requires (as now it doth,) with open force of Arms; the Subject's Liberties, Persons, Estates, Religion, Laws, Lives, Rights, from the encroachments and violence of their Kings, and to keep Kings within due bounds of Law and justice; the end of instituting the c See Polybi●n Hist. l. 6. Arist Polit. l. 3. c. 10. 11. l. 5 c. 10. l. 2. c. 5. Bodin l. ●, c, 10. l, 2, c. 5. Senate and Ephori among the Lacaedemonians, the Senate and Dictator's among the Romans, the d Hieron. Blan. Ar●gonens. Rerum Comment. p. 588. 589. 716. to 725. 747. to 760. joan. Mariana de Rege & Regi● Instit. l. 1. c. 5. to 10. Forum Suprarbiense, and justitia Aragoniae among the Arragonians; of Parliaments, Dietts, and Assemblies of the estates in other foreign Kingdoms, and in Scotland, as I shall prove at large in its e In the Appendix. proper place. This is clear by the proceedings of all our Parliaments in former ages; Especially in King john's, Henry the third, Edward the 1. 2. 3. and Richard the seconds Reigns; by the latter Parliaments in King james his reign, yea of 3. Caroli, the last dissolved Parliament, and this now sitting, whose principal care and employment hath been to vindicate the Subject's Liberties, properties, laws, and Religion, from all illegal encroachments on them by the Crown and its ill Instruments: by the f Part. 1. forecited resolutions of Bracton, Fleta, the Mirror of justices, Vowel, Holinshed, the Council of Basill, and others, that the Parliament ought to restrain and bridle the king when he casts off the bridle of the Law, and invades the Subject's Liberties, especially with open force of Arms in an Hostile manner: and by the constant practice of our Ancestors and the Baron's Wars, in maintenance of Magna Charta, with other good Laws and Privileges, confirmed by Parliament. If then the Parliament be entrusted by the Kingdom with this Superlative power, thus to protect the Subjects Liberties, properties, Laws, persons, Religion, etc. against the king's invasions on them by policy or violence: they should both betray their trust, yea the whole kingdom too, if they should not with open Force of Arms, (when Policy, Council, and Petitions will not do it) defend their own and the Subject's Liberties, persons, privileges, etc. against his Majesty's offensive Armies which invade them, intending to make the whole kingdom a present booty to their insatiable rapine, and a future vassal to his Majesty's absolute arbitrary power, by way of conquest. I read in g Commonwealth l. 3. c. 1 See Plut. Caes. & Pompeius. Bodin that the Roman Senate being no way able to restrain Caesar, took their refuge to that ancient Decree of the Senate, which was commonly made but in dangerous times of the Commonweal, Videant consuls & caeteri Magistratus ne quid detrimenti c●piat Respublica: Let the Consuls and other Magistrates foresee that the Commonweal take no harm. With which decree of the Senate, the Consul's being armed, suddenly raised their power, commanding Pompey to take up Arms and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consuls, Praetors, and whole Senate, out of his pride, through his ill Councillors advise, and talking with them, as if they had been but private men, he so far offended both the Senate and people, that to free the Republic from his Tyranny, and preserve their hereditary Liberties, they conspired his death, and soon after murdered him in the Senate-house, where they gave him no less than 23. wounds. And h Aragonensium Rerum Comment. p. 724. Hieronimus Blanca assures us, that the Suprariense Forum, justitia Aragoniae, or States of Arag●n, (erected to withstand the tyranny and encroachments of their kings) may by the Laws of their Realm assemble together, and RESIST THEIR KING WITH FORCE OF ARMS, as oft as there shall be need to repulse his, or his Officers violence against the Laws; For when they erected this Court, they said, It would be little worth to have good Laws enacted, and a middle Court of justice between the King and people appointed, if it might not be lawful to take up Arms for their Defence when it was needful; (being agreeable to the very Law of nature and reason;) Because than it will not be sufficient to fight with Counsel: For if this were not so, and the State and Subjects in such cases might not lawfully take up arms, all things had long ere this been in the power of Kings. Therefore, no doubt, our Parliament and State, as well as others, may by the very Law of Nature, and fundamental institution of Parliaments, now justly take up Defensive arms to preserve their Liberties, Laws, Lives, Estates, Religion, from vassalage and ruin. Thirdly, Our own Parliaments, Prelates, Nobles, and Commons in all ages (especially in times of Popery) as well in Parliament, as out, have by open force of arms resisted, suppressed the oppressions, rapines, unjust violence, and armies of their Princes raised against them; Yea, encountered their Kings in open Battles, taken their persons Prisoners, and sometimes expelled, nay deposed them their Royal authority, when they became incorrigible open professed enemies to their kingdoms, their Subjects, seeking the ruin, slavery, and desolation of those, whom by Office, Duty, Oath, and common justice, they were bound inviolably to protect in Liberty and peace, as the * Part 1. p. 6, 7, 8, etc. premised Histories of Achigallo, Emerian, Vortigern, Segebert, Osred, Ethelr●d, Bernard, Edwin, Ceolwulfe, King john, Henry the 3d. Edward 1. and 2. Richard the 2, Henry the 6th. (our British, Saxon, English Kings,) and other examples common in our own Annals, plentifully manifest. Neither are their examples singular, but all Kingdoms generally throughout the world in all ages have done the like, when their Kings degenerated into Tyrants, of which there are i See Arist. Polir. l: 5 c. 10 D ●. Beards Theatre of God's judgements. l. 2. c. 9 to 43. Ad generum Cere●is pauci sine sanguine fuso, Descendunt Reges, & sicca morte Tyr●nni juvenal. See the Appendix. infinite precedens in History: which actions all ages, all Kingdoms have always reputed lawful both in point of Policy, Law, Religion, as warranted by the very Laws of Nature, Reason, State, Nations, God; which instruct, not only particular persons, but whole Cities and Kingdoms for their own necessary defence, preservation, the supportation of humane Society and Liberty, to protect themselves against all unlawful violence and Tyranny, even of their Kings themselves, or their Ministers, to whom neither the Laws of God, Nature, Man, nor any civil Nation, ever yet gave the least authority to Murder, Spoil, Oppress, enslave their Subjects, or deprive them of their lawful Liberties or Estates; which resistance were it unlawful or unjust (as many ignorant Royalists and Parasites now ●each) some few oppressing tyrannising wilful Princes, might without the least resistance, ruin, murder, enslave the whole world of men; overthrew all settled forms of civil government, extirpate Christian Religion, and destroy all humane Society at their pleasures; all which had been effected, yea, all States and Kingdoms totally subverted long ago, by ambitious Tyrannising lawless Princes, had not this Lawful, Natural, Hereditary power of resisting and opposing their illegal violence (inherent in their Parliaments, States, Kingdoms) restrained and suppressed their exorbitances of this kind. Now that this necessary Defensive opposition and resistance against open Regal Hostile violence, which hath been ever held lawful, and frequently practised in all Kingdoms, all ages heretofore, as just and necessary; should become suddenly unlawful to our Parliament, and Kingdom only, at this instant, seems very unreasonable unto me. Fourthly, It is the express resolution of k 〈◊〉. l. 5. c. 13. 11. Arist●tle, l Memorabil l. 4. p. 813. Xenophon, m 〈◊〉▪ l. 6. Polybius, n Spelmani Concil. ●om. 1 P. 34. Pope Elutherius, (in his Epistle to our first Christian King, Lucius) King o Lambard. Archaion. p. 130. Fox Acts & Mon. vol 1. p. 214. Edward the Confessor in his established Laws, c. 17. the p Lib cap. 1. 2 S●ri●s Tom. ●. p. 383. Council of Paris, Anno 829. and Isiod●r cited by it; q Commonwealth. l. 2. c. 4, 5. john 〈◊〉, r De Rege ●t Regis 〈◊〉. l. 1. c. 5. 6. I●hn Mariana, and generally of all foreign Divines and Politicians, Pagan or Christian; yea of s Lib 3. c. 9 fol. 107. Bracton, t ●ib 1. c. 17● F●●ta, u De Laudib. Legum Angl. c 9 to 15. Fortescue, and x Speech in Parliament House, Anno 1609. King james himself; that a King governing in a settled Kingdom, ceaseth to be a King, and degenerates into a Tyrant, so soon as he leaves to rule by his Laws; much more, when he begins to invade his Subjects, Persons, Rights, Liberties to set up an Abitrary power; impose unlawful T●xes, raise Forces, and make War upon his Subjects, whom he should Protect, and rule in peace; to pillage, plunder, ●aste, and spoil his Kingdom; imprison, murder, and destroy his people in an hostile manner, to captivate them to his pleasure; the very highest degree of Tyranny, condemned and detested by God, and all good men. The whole State and Kingdom therefore in such cases as these, for their own just necessary preservation, may lawfully with force of Arms, when no other course can secure them, not only passively, but actively resist their Prince, in such his violent, exorbitant, tyrannical proceedings; without resisting any kingly, lawful royal Authority Vested in the King's person for the y Bract. l. 3. c. 9 ●leta l. 1. c. 17. For●●s. c. 9 to 15. Cook 7. Report f●l. 5. 〈◊〉. Cabins Case Rom. 13 4. 5. 1 Pet. 2. 14. Kingdom's preservation only, not destruction; because in, and as to these illegal oppressions, tyrannical actions, not warranted, but prohibited by the Laws of God, and the Realm, (to whom he is z See the Apendix. accountable, and by whom he is justly censurable for them) he is no lawful King, nor Magistrate, but an unjust oppressing Tyrant, and a mere private man, who (as to these proceedings) hath quite denuded himself of his just Regal authority. So that all those wholesome Laws made by the whole State in Parliament, for the necessary preservation and defence of their Kings Royal Person, and lawful Sovereign power; the suppression of all Insurrections, Treasons, Conspiracies and open Wars against them, whiles they govern their people justly according to Law; * 2 sam. 23. 3 (as all good Princes are a Chro 9 8 See the Kings Coron. oath. obliged to do by oath and duty;) or the open violent resisting of their Lawful authority and Commands; to which all Subjects both in point of Law and b Rom. 13. 1 2, 3. 1 Pet. 2 13. 14. 〈◊〉 3. 1▪ Conscience, ought cheerfully and readily to Submit; will yield no public Countenance, Encouragement, or Protection at all to Kings, in their irregall, tyrannical oppressions, or violent courses; especially when they turn professed public enemies to their people, proclaim open War against them, invade their Laws, Liberties, Goods, Houses, Persons, and exercise all acts of Hostility against them, as far forth as the most barbarous Foreign Enemies would do: It being against all common sense and reason to conceive, that our Parliaments, Laws which strictly inhibit and punish the very smallest violations of the public peace, with all kinds of Oppressions, Robberies, Trespasses, Batteries, Assaults, Bloodsheds, Frays, Murders, Routs, Riots, Insurrections, Burglaries, Rapes, Plunderings, Forceable Entries, Invasions of the, Subjects Liberties or Properties, in all other persons, and greatest public Officers whatsoever (whose c 〈◊〉. de Repub etc. Cicero de Legi. 2 Sam. 12. 7. to 14. cap. 16. 21. 22. 2 Chr. 33. See. Marian, de Reg. & Reg. Inst l. 1 c 9 Delinquences are so much the more heinous, d De Leg. Arg c. 9 10. 12. 13. 14. execrable and censurable, as their persons, honours, and places are more eminent) should so far countenance, justify, or patronise them only in the King, the Supreme fountain of justice (ad tutelam Legis corporum & bonorum crectus, as Fortescue, and Sir e Lib. 7. f. 5. Calvin's Case. Edward Cook resolve; Cujus Potestas juris est, & non Injuriae; & cum sit author juris, non debet inde injuriarum nasci occasio, unde Iura nasc●nt ur; as f Lib. 3. c. 9 f. 107. Bracton, and g Lib. 1 c. ●7. Fleta determine;) as not to permit the Subjects, under pain of Rebillion and high Treason, by force of Arms, upon express command and direction of the whole Kingdom in Parliament, so much as to defend their Persons, Goods, Estates, Houses, Wives, Children, Liberties, Lives, Religion, against the open violence of the King himself, or his Malignant plundering, murdering Papists, Caveleers: When as Kings of all others (as h Lib 3. c. 9 Bracton, i De Laud. legum Angl. c. 9 to 15. Fortescue, and k De Rege & Regis Instit. l. 1. c. 9 Mariana prove at large) both by Oath and Duty, aught to be more observant of, and obedient to the Laws of God and their Realms (which are l Deut. 10. 17 Prov. 28. 21 Rom. 2. 11. Ephes 6. 11. 1 Pet. 1. 17. no respectors of Persons) than the very meanest of their Subjects. That Precept then of Paul, Rom. 13. 1. 2. 3. Let every Soul be subject to the higher Powers, etc. And the Statute of 25. E. 3. c. 2. with other obsolete Acts, which declare it High Treason, to levy War against the King in his Realm, must needs be intended of, and qualified with these subsequent just limitations, suitable to their genuine sense and meaning; to wit, That as long, and so far forth, as Kings justly and uprightly do execute their just Royal power, conferred on them by God and their people, according to the Law of God, and their Realms, to the Protection, encouragement and praise of all their good Subjects, and the deserved punishment only of Malefactors; they must and aught to be cheerfully obeyed, and quietly submitted to, as Gods own Ministers, without the least resistance, private or public; neither ought any private men upon any private injuries, of their own authority to raise up in Arms against them, seeing they are public Magistrates in whom all the Kingdom have an interest, without the general assent and authority of the whole State and Kingdom, or of both Houses of Parliament which represents it. But if King's degenerate into Tyrants, and turn professed enemies to their Kingdoms, Parliaments, People, by making open War against them; by spoiling, murdering, imprisoning, maiming, sacking, destroying, or putting them out of their Protections, without any just or lawful grounds, endeavouring by force of Arms to subvert their Laws, Liberties, Religion, and expose them as a prey to their merciless bloodthirsty Soldiers; or bring in Foreign Forces to conquer them, (our present case;) I dare confidently aver, it was never the thought nor intention of Paul, or the Holy Ghost, much less of our Nobles, Prelates, and Commons in Parliament, which enacted these Laws (who so oft took up Arms, aswell offensive, as defensive, against our Kings, in such like cases heretofore) to inhibit Subjects, Kingdoms, Parliaments (especially, by direct Votes and Ordinances of both Houses) under pain of damnation, high Treason, or Rebellion, by defensive Arms to resist Kings themselves, or any of their Cavaliers: and if this question had been put to Paul, Peter, or any of those Parliaments, which enacted these objected Laws; Whether they ever meant by these Precepts or Statutes, totally to prohibit all Subjects, by general assent in Parliament, to take up such defensive Arms, or make any forceable resistance, against their Kings or their Armies, in such cases of extremity and necessity as these, under the foresaid penalties? I make little question, but they would have clearly resolved; that it was never so much as within the compass of their thoughts, much less their plain intention, to prohibit such a resistance, in this or such like cases, but only according to the precedent exposition of their words; and that they never imagined to establish in the world any Unresistable Lawless Tyranny, or any such spoil or butchery of Kingdoms, of Subjects, execrable to God and man, in all persons, all ages, which have * See Doctor Beards Theatre of God's judgements, l. 2. c. 13. to 42. resisted them even unto blood; but rather totally to suppress them; There being scarce any more pregnant Text, against the Tyranny, the boundless Prerogatives, the illegal proceedings of Kings, and Higher Powers in all the Scripture, th●● that of Romans 13. 1. to 7. if rightly scanned, as Pareus, and others o● it manifest. Therefore the Parliaments and peoples present defensive War, and resistance against their seduced King, and his Malignant Popish Cavaliers, is no violation of any Law of God, of the Realm; but a just necessary War, which they have to the uttermost endeavoured to prevent: and no Treason, no Rebellion at all within the meaning of any Law, or Statute, unless we should think our Parliaments so mad, as to declare it high Treason, or Rebellion, even for the Parliament and Kingdom itself, so much as to take up Arms for their own necessary preservation, to prevent their inevitable ruin, when they are openly assaulted by Royal armies; which none can ever presume they would do, being the very high way to their own, and the whole Kingdom's subversion. Fiftly, admit the King should bring in Foreign forces (French, Spanish, Danes, Dutch, or Irish) to destroy, or Conquer his Subjects, Parliament, Kingdom, (as some such forces are already landed, and more expected daily;) and should join himself personally with them in such a service, I think there is no Divine, Lawyer, or true hearted Englishman, so void of reason, or common understanding, as to affirm i● Treason, or Rebellion in point of Law, and a matter of Damnation in Conscience, or true Divinity, for the Parliaments, Subjects, Kingdom, to take up necessary defensive arms for their own preservation in such a case, even against the King himself, and his army of Aliens; but would rather deem it a just, honourable, necessary action; yea, a duty, for every English man to venture his life, and all his fortunes, for the defence of his own dearest Native Country, Posterity, Liberty, Religion; and no less than a glorious m Gratian Causa 23 qu. 1. 2. 3. Calvin. Lexicon. jurid Tit Bellum. Martyrdom, to die manfully in the Field, in such a public quarrel: the very Heathens generally resolving; that n Cicero Tus. quaes●. l. 2. Dulce & decorum est pro Patria mori: Et mortes pro Patria appetitae, Non solum gloriosae Rhetoribus, sed etiam beatae videri solent: In a case of this quality. Whence that noble Roman o Liv Rom. Hist. l 5. 〈◊〉 51, p. 219. Camillus, professed to all the Romans in a public Oration; Patriae d●esse quoad vita suppetat, aliis turpe, Camillo etiam NEFAS EST. And is not there the selfsame equity, and reason, when the King shall raise an Army of Popish English, or Irish Rebels, Malignants, Delinquents, and bring in Foreigners (though yet in no great proporation) to effect the like design. If armed forceable resistance be no Treason, no Rebellion in Law or Conscience, in the first, it can be no such crime in our present case. Sixty, I would demand of any Lawyer, or Divine: What is the true genuine reason; that the taking up of offensive arms against, or offering violence to the person, or life of the King, is High Treason, in point of Law and Divinity? Is it not only because, and as he is, the head and chief member of the Kingdom, which hath a Common interest in him; and because the Kingdom itself sustains a public prejudice and loss by this War against, and violence to his Person? Doubtless▪ every man must acknowledge this, to be the only reason; for if he were not such a public person, the levying War against, or murdering of him, could be no High Treason at all. And this is the reason, why the elsewhere cited Statutes of our Realm, together with our Historians, make levying of War, deposing, or killing the King by private persons, High Treason; not only against the King, but the REALM, and Kingdom to; Witness the Statutes of 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. E●iz. c. 1. 3. jaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament, (declaring those persons of England and Scotland TRAITORS TO EITHER REALM, who shall take up Arms against either Realm, without common consent of Parliament) which Enact, The levying of War against the Kingdom and Parliament, invading of England or Ireland, treachery against the Parliament, repealing of certain Acts of Parliament, ill Counselling the King, coining false Money, and offering violence to the King's person, to take away his Life, to be high Treason, not only against the King and his Crown, but THE REALM TO; and those who are guilty of such crimes, to be High Traitors and Enemies TO THE REALM, p 〈◊〉. Hist. Ang. p. 334. 335. as well at to the King. Hence john of Gaunt, Duke of Lancaster, being accused in a Parliament held in 7. R. 2. by a Carm●lite Friar, of High Treason, for practising suddenly to surprise the KING, and seize upon his Kingdom; the Duke denied it, as a thing incredible upon this very ground; If I should thus (said he) affect the Kingdom: q Walsing. hist Ang. p. 337. Is it credible after your murder (which God forbid) that the Lords of this Kingdom, could patiently endure me, Domini mei ET PATRIAE PRODITOREM, being a Traitor both of my LORD and COUNTRY? Hence in the same Parliament of 7. R. 2. john Walsh Esquire Captain of Cherburg in France, was accused by one of Navarre, DE PRODITIONE REGIS & REGNI, Of Treason against the King and Kingdom; for delivering up that Castle to the Enemies; And in the r Walsing. hist. Ang. p. 245. 246. Parliament of 3. R. 2. Sir john Annesley Knight, accused Thomas Ketrington Esquire, of Treason against the King and Realm, for betraying and selling the Castle of Saint Saviour within the Is●e of Constantine in France, to the French, for a great sum of money, when as he neither wanted Victuals, s Walsing. hist Ang. p. 72. 76 91, 92. 105, 106. nor means to defend it: both which Accusations (being of Treasons beyond the Sea) were determined by Battle, and Duels fought to decide them. Hence the great Favourite, Pierce Gaveston, Tanquam Legum subversor, Hosti● Terrae Publicus, & Publicus Regni Proditor, capite truncatus est: and the two Spensers after him, were in Edward the second his Reign likewise banished, condemned, and executed, as Traitors to the King and Realm, ET REGNI PRODITORES for miscounselling and seducing the King, and moving him to make War upon his people: Hence both the t H●lls Chro. 1 & 3 H. 4 f. 17, 22. Fox Acts & Mon. vol. 1. Edit. ●lt. Col. 676, 677. Pierces, and the Archbishop of York, in their Articles against King Henry the fourth, accused him, as guilty of High Treason, and a Traitor both to the King, Realm and Kingdom of England, for Deposing and murdering Richard the second. And hence the Gunpowder Conspirators, were u 3 jac. c. 1, 2 3, 4. The King's Proclamations, 3 jacob. Against them and the Arraignment of Traitors. ● declared, adjudged, and executed as Traitors both to the KING & REALM, for attempting to blow up the Parliament House, when the King, Nobles, and Commons were therein assembled: If then the King shall become an open enemy to his Kingdom, and Subjects, to waste or ruin them; or shall seek to betray them to a Foreign Enemy (which hath been held no less than Treason in a King to do, who by the express resolution of 28. H. 8. cap. 7. may become a Traitor to the REALM, and thereupon forfeit his very right and title● to the Crown;) it can be no Treason nor Rebellion in Law or Theologie, for the Parliament, Kingdom, Subjects, to take up arms against the King and his Forces, in such a case, when he shall wilfully and maliciously rend himself from, and set himself in direct opposition against his Kingdom; and by his own voluntary actions turn their common interest in him for their good and protection, into a public engagement against him, as a common Enemy, who seeks their general ruin. And if Kings may lawfully take up arms against their Subjects, as all Royalists plead, after they reject their lawful power, and become open Rebels or Traitors, because then as to this, they cease to be Subjects any longer, and so forfeit the benefit of their Royal protection: By the selfsame reason (the bond and stipulation being mutual; Kings being their Subject's x Cook 7. Report, calvin's case. Liege Lords, by Oath and Duty, as well as they their Liege people:) When Kings turn open professed Foes to their Subjects in an Hostile Warlike way, they presently both in Law and Conscience, cease to be their Kings de jure, as to this particular, and their Subjects allegiance thereby is as to this discharged, and suspended towards them, as appears by the King's Coronation Oath, and the * Math. Paris pag. 73. Speed p. 483. 484. Lords and Prelates conditional Fealty to King Steven, so that they may justly in Law and Conscience resist their unlawful assaults, as enemies; for which they must only censure their own rash unjust proceedings, and breach of Faith to their People, not their People's just defensive opposition which themselves alone occasioned. Seventhly, It must of necessity be granted; that for any King to levy war against his Subjects, unless upon very good grounds of Law and conscience, and in case of absolute necessity, when there is no other remedy left, is directly contrary to his very Oath and duty, witness the Law of King Edward the Confessor, cap. 17. and Coronation Oaths of all our Kings forementioned; To keep PEACE and godly agreement ENTIRELY, ACCORDING TO THEIR POWER to their people; Contrary to all the fundamental Laws of the Realm, and the Prologues of most Statutes, entirely to preserve, and earnestly to endeavour the peace and welfare of their people's persons, goods, estates, laws, liberties; Contrary to the main tenor of all y 1 Tim. 2. 1 2, 3. jer. 29 7 Psal. 122. 6. 7, 8. Isa. 29. 8. & 9 6. Sacred Scriptures, which have relation unto Kings; but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes, (which revolted from him for following his young Counsellors advice, and denying their just request, and crowned jeroboam for their King) intending to reduce them to his obedience by force of arms; God by his Prophet Shemaiah expressly prohibited him and his army, to go up, or fight against ●hem; and made them all to return to their own houses without fight; and to Isay 14. 4. 19 to 22. where God threatens, to cast the King of Babylon out of his grave, as an abominable branch, as a carcase trodden under foot, (mark the reason) Because thou hast destroyed thy Land, and slain thy People, to cut off from Babylon his name and remembrance, and Sons and Nephews: as he had cut off his peoples, though heathens. Yea, contrary to that memorable Speech of that noble Roman * Livy Rom. Hist. l. 7 Dec. 40, p. 285. Arist. Polit. l. p. 5. Marianade Rege, l. c. c. 5. Valerius Corinus when he was chosen Dictator, and went to fight against the Roman conspirators, who took up arms against their Country. Fugeris etiam honestius, tergumque civi dederis, quam pugnaveris contra patriam; nunc ad pacificandum bene atque honeste inter primos stabis: postulate aequa et forte, quanquam vel iniquis standum est potius, quam impias inter nos conseramus manus, etc. If then a King's offensive war upon his Subjects, without very just grounds and unevitable occasions be thus utterly sinful, and unlawful in law and Conscience; and most diametrally contrary to the Oath, Office, trust and duty of a King, (who by this strange metamorphosis a Arist. Polit, l▪ 3. & 5 Buchan. de jure Regni apud Scotos. becomes a Wolf instead of a Shepherd, a destroyer in lieu of a Protector; a public Enemy in place of a Common friend; an unnatural Tyrant, instead of a natural King) it follows inevitably; that the Subjects or Kingdom's resistance and defensive war in such a case, both by the law of God, of nature, of the Realm, must be lawful, and just; because directly opposite to, the only preservative against that war, which is unlawful and unjust: and so no Treason, nor Rebellion (by any Law of God or man,) which are illegal and criminal too. Eightly, It is the received resolution of all b Gratian. Causa, 23. qu. 1, 2, 3. jacob. Spie●egius, Lexicon juris, tit Bellum. F. de justitia et jure Non sine. joannis Calvini Lexicon juris. Tit. Bellum co. 244. 245. Summa Angelica, et Rosella A●e●sis Sum. Part. 3. qu. 36. mem. 3. & quaest. 47. num. 3. Martin Laud. de Bello, Surius Concil. Tom. 3. p. 520. Canonists, Schoolmen, and Civil Lawyers; That a defensive war undertaken only for necessary defence, doth not properly deserve the name of war, but only of Defence: That it is no levying of war at all, (which implies an active offensive, not passive defensive raising of forces, and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament, the only proper judge of Treasons, hath already resolved in point of Law) but a faculty only of defence Cuilibet Omni jure, ipsoque Rationis Ductu Permissa; &c. permitted to every one By all Law, (or right) and by the very conduct of reason, since to propulse violence and injury, is permitted by the very Law of Nations. Hence of all the seven sorts of war which they make, they define the last to be, A just and Necessary War quoth fit se et sua defendendo; and that those who d●e in such a war (caeteris paribus) are safe (Causa 23. qu. 1.) and if they be slain for defence of the Commonwealth, their memory shall live in perpetual glory. And hence they give this Definition of a just War. c Calv. Lexicon. jurid. Ih. ex Hotomano, and other forcited. War is a Lawful Defence against an immi e●t or preceding offence upon a public or private cause, concluding: That if Defence be severed from W●rre, it is a Sedition, not War; Although the Emperor himself denounce it; Yea, although the whole World combined together. Proclaim it: For the Emperor, or King, can no more lawfully hurt another in War, t●en he can take away his goods or life without cause. Therefore let Commentato s●b●awle eternally about War, yet they shall never justify nor prove it lawful, Nisi ex Defensione Legitima; but when it proceeds, from Lawful defence, all Wars be●●g rash and unjust, against those who justly defend themselves. This War then being undertaken by the Parliament, only for their own, and the Kingdom's necessary defence, against the King's invasive Armies and Cavaliers (especially, now after the King's rejection of all Honourable and safe terms of Peace and accommodation tendered to him by the Parliament:) must needs be just and lawful; and so no Treason, nor Rebellion, in point of Law or Conscience; Since no Law of God, nor of the Realm, hath given the King any Authority or Commission at all to make this unnatural War upon his Parliament, his people, to enslave their Souls and Bodies, or any inhibition to them, not to defend themselves in such a ca●e. These general Considerations thus premised, wherein Law and Conscience walk hand in hand; I shall in the next place lay down such particular grounds for the justification of this War, which are merely Legal; extracted out of the bowels of our known Laws; which no professors of them can contradict. First, it is unquestionable, that by the Common and Statute Law of the Land, the King himself, who cannot lawfully proclaim War against a Foreign Enemy, much less against his people, without his Parliaments previous assent, as I have elsewhere proved; cannot by his absolute Sovereign Prerogative, either by verbal Commands, or Commissions under the great Seal of England, derive any lawful or just Authority to any General, Captain, Cavaliers, or person whatsoever, without Legal Trial and Conviction, to seize the Goods or Chattels of any his Subjects, much less, forcecibly to R●b, Spoil, Plunder, Wound, Beat, Kill, Imprison, or make open War upon them, without a most just and inevitable occasion, and that after open hostility) denounced against them. And if any by virtue of such illegal Commissions or Mandates, Assault, Plunder, Spoil, Rob, Beat, Wound, Slay, Imprison, the Goods, Chattels, Houses, Persons of any Subject not lawfully convicted; They may, and aught to be proceeded against, resisted, apprehended, indicted condemned for it, notwithstanding such Commissions, as Trespassers, Thiefs, Burglarers, Felons, Murderers, both by Statute, and Common Law; As is clearly enacted and resolved, by Magna Charta, cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Cha●tas, cap. 2. 4 E. 3. c. 4 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5. R. 2. ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. jacob. c. 3. Against Monopolies. The Petition of Right. 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purveyors 42. Ass. Pl. 5. 12. B●o●ke Commissions, 15. 16. Fortescue, c. p. 8. 9 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Imprisonment, 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Conference at the Committees of both Houses, 3 ●. Aprilis, 4 ●. Caroli, concerning the Right and Privilege of the Subject: newly Printed. Cook lib. 5. fol 50. 51. lib. 7. fol 36. 37. lib. 8. fol. 125. to 129. judge Crooks and Huttons Arguments, against Shipmoney, with divers other Law-Bookes. Therefore the Cavaliers can no ways justify, nor excuse their Wounding, Murdering, Imprisoning, Assaulting, Robbing Pillaging, and spoiling of his Majesty's people and Subjects, and making War upon them, by virtue of any Warrant or Commission from the King; but may justly and legally be apprehended, resisted, and proceeded against, as Murderers, Rebels, Robbers, Felons, notwithstanding any pretended Royal Authority to countenance their execrable unnatural proceedings. Secondly, It is irrefragable, that the Subjects in defence of their own Persons, Houses, Goods, Wives, Families, against such as violently assault them by open force of Arms, to wound, slay, beat, imprison, rob, or plunder them (though by the Kings own illegal Commission) may not only lawfully arm themselves, and fortify their houses (their Castles in judgement of Law,) against them; but resist, apprehend, disarm, beat, wound, repulse, kill them in their just necessary defence; not only without guilt of Treason, or Rebellion, but of Tresspas, or the very lest offence; And Servants in such Cases may lawfully justify, not only the beating, but killing of such persons, who assault their Master's persons, goods, or houses; as is expressly resolved by the Statute of 21. E. 1. De malefactoribus in Parcis; By 24. H. 8. cap. 5. Fitzherbert, Corone, 192. 194. 246. 258. 261. 330. 21. H. 7 39 Trespass, 246. Stamford, lib. 1. cap. 5. 6. 7. 22. Ass. 46. 11. H. 6. 16. a. 14. H. 6 24. b. 35. H. 6. 1. a. 9 E. 4. 48. b. 12. E. 4. 6. a. 12. H. 8. 2. b. Brook, Coron 63. & Trespass 217. Therefore they may justly defend themselves, resist, oppose, apprehend, and kill his Majesty's Cavaliers, notwithstanding any Commissions, and make a defensive War against them; when as they assault their persons, houses, goods, or habitations, without any Treason, Rebellion, or Crime all against the King or Law. Thirdly, It is past dispute, That the Sheriff's justices of Peace, Mayor, Constables and all other Officers of the Realm, may and aught by our Laws and Statutes to raise the power of the Counties and places where they live, and command all persons to arm themselves to assist them upon their Command, when they see just cause (which commands they are all bound to obey under pain of imprisonment and fines, for their contemptuous disobediene herein:) to suppress and withstand all, public breaches of the Peace, Riots, Routs, Robberies, ●raies, Tumults, Forcible Entries, and to apprehend, disarm, imprison, and bring to condign punishment all Peace-breakers, Riotors, Trespassers, Robbers, Plunderers, Quarrellers, Murderers, and Forces met together, to do any unlawful Hostile act, (though by the Kings own precept:) and in case they make resistance of their power, they may lawfully kill and slay them without crime or guilt, if they cannot otherwise suppress or apprehend them: yea, the Sheriffs, and all other Officers may lawfully raise and arm the power of the County to apprehend Delinquents, by lawful Warrants from the Parliament, or Process out of other inferior Courts of justice, when they contemptuously stand out against their justice, and will not render themselves to a Legal trial; in which service all are bound by Law to assist these Officers, who may lawfully slay such contemptuous Offenders, in case they cannot otherwise apprehend them. All which is Enacted and Resolved by 19 E. 3. cap. 38. 3. Ed. 1. cap. 5. 2. R. 2. cap. 6. 5. R. 2. cap. 5. 6. 7. R. 2. cap. 6. 17. R. 2. cap. 8. 13. H. 4. cap, 7. 1. H. 5. cap. 6. 2. H. 5. cap. 6. 8. 19 H. 7. cap. 13. 3. E. 6. cap. 5. 1. Mar. cap. 12. 31. H. 6. cap. 2. 19 E. 2. Fitz Execution, 247. 8. H. 4. 19 a. 22. Ass. 55. 3. H. 7. fol. 1. 10. 5. H. 7. fol. 4. Register, f. 59 60. 61. Fitz. Coron. 261. 288. 289. 328. 346. Stamford, lib. 1. cap. 5. 6. Cook lib. 5. fol. 92. 9 3. with sundry other Books, and Acts of Parliament, and Walsingham, Hist. Angliae, pag. 283. 284. Yea, the Statute of 13. Ed. 1. cap. 38. recites; That such resistance of Process out of any the King's Courts (much more than out of the Highest Court of Parliament) redounds much to the dishonour of the King and his Crown; and that such resisters shall be imprisoned and fined, because they are desturbers of the King's Peace, and of his Realm. And the expired Statute of 31. H. 6. cap. 2. Enacted: That if any Duke, marquis, Earl, Viscount, or Baron, complained of for any great Riots, Extortions, Oppressions, or any offence by them done against the Peace and Laws, to any of the King's Liege people, should refuse to obey the Process of ●he King's Court, under his Great or privy Seal, to him directed, to answer his said offenes; either by refusing to receive the said Process, or despiting it, or withdrawing h●mselfe for that cause, and not appearing after Proclamation made by the Sheriff in ●he County; at the day prescribed by the Proclamation; that then he should for this his contempt, forfeit and lose all his Offices, Fees, Annuities, and other possessions that he, or any man to his use, h●th of the gift or grant of the King, or any of his Progenitors, made to him or any of his Ancestors: And in case he appears not upon the second Proclamation on the day therein to him limited; that then he shall lose and forfeit his Estate and place in Parliament, and also All the Lands and Tenements Wh●ch he hath, or any other to his use for term of his life, and all other persons having no Lands not appearing after Proclamation, were to be put out of the King's Protection, by this Act. Such a heinous offence was it then reputed, to disobey the Process of Chancery, and other inferior Courts of justice even in th● greatest Peers; how much greater crime than is, and must it be, contemptuously to disobey the Summons, Process, and Officers of the Parliament itself, the supremest Court of Judicature, especially in those who are Members of it, and stand engaged by their Protestations, trusts, and Places in it, to maintain its honour, power, and privileges to the uttermost? which many of them now exceedingly vilify, and trample under feet: and therefore deserve a severer censure than this statute inflicts; even such as the Act of 21. R. 2. c. 6. prescribed to those Nobles unjustly fore judged in that Parliament; That their issues males now begotten shall not come to the Parliaments, nor to the Counsels of the King nor his heirs; nor be of the King's Counsel nor of his heirs; Therefore it is undubitable, that the Sheriffs, justices of Peace, Majors, Constables, Leiutenantes, Captains, and other Officers in every County through the Realm, may by their own Authority (much more by an Ordinance and Act of association of both houses) raise all the power of the County, & all the people by virtue of such commands may lawfully meet together in Arms to suppress the riots, burglaries, rapines, plunders, butcheries, spoiling, robberies, and armed violence of his Majesty's Cavaliers; and apprehend, imprison, slay, arraign, execute them as common enemies to the kingdom's peace and welfare, even by the known Common Law, and Statutes of the Realm, and feise Delinquents notwithstanding any royal Commission or personal commands they may or can produce. Fourthly, it is most certain, that every Subject by the very Common Law of the Realm, (yea Law of Nature) as he is a member of the State and Church of England, d See principally 48. H. 3. Rot. Pat Man 7. & Mem. 11 Dorss. is bound both in duty and conscience, when there is necessary occasion, to Array and Arm himself to resist the invasions, and assaults of o●en enemies of the Realm, especially of Foreigners, e See Aristot. Pol. l. 1, c, 1, 2, & l 2, 3. Polib. hist. l. 6. Fortescue. c, 9 to 15. as is clear by infinite * Precedents, cited by the Kings own Council, and recited by judge Crook in his Argument concerning Ship-money; in both the Houses two Remonstrances and Declarations against the Commission of Array; and the Answer of the first of them in the King's name; all newly Printed (to which I shall refer the Reader for fuller Satisfaction:) and by the express statutes of 1 E. 3. c. 5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Original compact and mutual stipulation of every member of any Republic, State or Society of men for mutual defence one of another upon all occasions of invasion, made at their first association and incorporation into a Republic, state, kingdom, Nation, of which we have a pregnant example, judg. 20. 1. to 48. If then the King himself shall introduce foreign Forces and enemies into his Realm to levy war against it, or shall himself become an open enemy to it; the Subjects are obleiged, by the selfsame reason, law, equity, especially upon the Parliaments command, to Arm themselves to defend their Native Country, Kingdom against these foreign and domestic Forces, and the King himself if he join with them; as far forth as they are bound to do it upon the Kings own Writ and Commission, in case he joined with the Parliament and Kingdom against them; the necessary defence and preservation of the Kingdom and themselves (and of the King only so far forth as he shows himself a King and Patron, not an enemy of his Kingdom, and Subjects,) being the sole ground of their engagement in such defensive wars: according to this notable resolution of Cicero, f De Officil● l. 2. p. 626. Omnium Societ●tum nulla est gratior; nulla cari● quam ea quae 〈◊〉 Re●ublica est unicuique nostrum Cariola sun● pare●t●s, cari liberi, propinqui, familiares, SED OMNES OMNIVM CARITATES PATRIA una COMPLEXA EST, iro qua quis bonus dubit●t mortem oppetere; si ei sit profuturus? Quo est detestabilior illorum immanitas, qui lacerant omni scelere Patriam, & n●a fun●itus delenda occupati & sunt & fuerunt: and seeing kings themselves as well as Subjects are bound to g Exod. 32. 9 to. 5. 32. Num. 14. 11. to 15. 2 Sam. 8. 9 17. 1 Chr. 21. 17. john 10. 11. 15. c. 11. 48. 49. 50. hazard their lives for the preservation of their Kingdoms, and people's safety; and not to endanger the ruin of the Kingdom and people to preserve their own lives and prerogatives, as I have elsewhere manifested; it cannot be denied, but that every Subject, when the King is unjustly divided against his Kingdom, Parliament, and People, is more obliged to join with the kingdom, Parliament, and his Native dearest Country, (who are most considerable) against the King; than with the king against the●; and rather in such a case than any other, because there is less need of help, and no such danger of ruin to the whole Realm and Nation, when the King joins with them against foreign invading enemies; as there is when the king himself becomes an open intestine Foe unto them, against his Oath and Duty: and the h Cicero de L●gibus. People's safety being the Supremest Law, & the Houses of Parliament the most Sovereign Authority, they ought in such unhappy cases of extremity and division to oversway all Subjects, to contribute their best assistance for their necessary just defence, even against the king himself and all his Partisans, who take up Hostile Arms against them, and not to assist them to ruin their own Country, Kingdom, Nation, as many as now over-rashly do. Fifthly, I conceive it clear Law, that if the King himself, or his Courtiers with him, shall wrongfully assault any of his Subjects to wound, rob, or murder them without just cause, that the subjects, without any guilt of Treason or Rebellion, may not only in their own defence resist the King and his Courtiers assaults in such a case, and hold their hands (as i Resolution of Conscience. Sect. 2. Doctor Ferne himself accords) but likewise close with, and disarm them; and if the King or his Courtiers receive any blows, wounds, in such a case; or be casually slain, it is neither Treason nor Murder, in the Defendants, who had no Treasonable nor murderous intention at all in them, but only endeavoured their own just defence, attempting nothing at all against the king's lawful Royal authority: as is clear by all Law k See Stamfords' Pleas: f. 14. 15. 16. Cases, of man slaughter, se defe●dendo, and to put this out of question, I shall cite but two or three cases of like Nature. It hath been very l See Andrew Favine his Theatre of Honour l. 10. c. 5. 6. 7. Hall's Chron. H. 8. f. 6. 7. 9 11. 12. 58. 63. 68 78 85. 91. 95. 146 154. frequent with the Kings of England, France, and o●her Princes, for trial of their man hood, 〈◊〉 run at jousts, and fight at Barriers, not only with foreigners, but with their own valiantest L●rds and Knights, of which there are various Examples. In these Martial disports, by the very Law of Arms, these Subjects have not only defended themselves against their king's assaults and blows; but retorted lance for lance, stroke for stroke, and sometimes unhorsed, disarmed, and wounded their Kings, our m Hall An. 16. H. 8. f. 122. 123. King Henry the eight, being like to be slain by the Earl of suffolk, at a 〈◊〉 in the 16. year of his reign: and no longer since then the year 1559. Henry the 2d, King of France, was casually slain in a joust by the Earl of Mountgommery, his Subject, (whom he commanded to Just one bout more with him against his will) whose Spear in the counter-blow ran so right into one of the King's eyes, n Fox Acts and Monuments, vol. 3. Edit. ult. p. 969. 970. jean Crespin. Lestate de Lesglise. An. 1559. p. 615: The general History of France in his life. p. 677. that the shivers of it pierced into his head, perished his brain and slew him: yet this was judged no Treason, Felony, nor offence at all in the Earl, who had no ill intention. If then it hath ever been reputed lawful and honourable, for Subjects in such military exercises, upon the challenges of their kings, to defend themselves courageously against their assaults, and thus to fight with and encounter them in a martial manner, though there were no necessity for them to answer such a challenge; and the casual wounding or slaying of the King by a Subject in such a case be neither Treason nor Felony: then much more must it be lawful by the Law of Arms, Nature, and the kingdom, for the Parliament and subjects in a necessary, just, unavoidable war, to defend, resist, repulse the kings and his Cavaliers personal assaults, and return them blow for blow, shot for shot, if they will wilfully invade them; and if the king or any of his Forces miscarry in this action, they must (like King o Halis Chron. f. 123. 16. H. 8 Hen●y the 8th when endangered by tilting) blame themselves alone, and have no other just legal remedy but patience, it being neither Treason, Rebellion, nor Murder in the defensive party, and most desperate folly and frenzy in any Prince, to engage himself in such a danger, when he need not do it. I read of p General History of France p. 227. 228. Fabians Chron part. 7. in his life; with others. Charles the first of France; that he fell suddenly distracted upon a message he received from an old poor man, as he was marching in the head of his Army; and thereupon thinking himself betrayed encountered his own m●n, and slew two or three of them●ere they were ware of him, wounding others. Whereupon they closing with him, disarmed and led him away forceably, keeping him close shut up like a Bedlam, ●ill he recovered his senses. I think no man in his right wits, will deem t●is their action Treasonable or unlawful; neither did the king or any in that age thus repute it. If then a King in an angry frantic passion (for q Sene●a de●●ra. Ir● brevius furor est;) shall take up Arms against his loyal Subjects, and assault their persons to murder them and spoil their goods; if they (by common consent in Parliament especially) shall forcibly resist, disarm or restrain his person, till his fury be appeased, and his judgement rectified by better counsels; shall this be Treason, Rebellion, or Disloyalty? God forbid: I think none but mad men can or will aver it. It was a great doubt in Law, till the statute of 33. H. 8. c. 20. settled it, If a party that had committed any high Treasons when he was of perfect memory; after accusation, examination, and confession thereof be●came mad or lunatic; where he should b● tried and condemned for it during this distemper? And some from that very act (and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas, 16. b. and Cook. l. 4. f. 124. Beverlyes' case, which resolve, that a Lunatic or Non Compos cannot be guilty of murder, feloney, or petite Treason, because having no understanding, and knowing not what he doth, he can have no fellonius intention) conceive, that a real madman cannot be guilty of high Treason (though Sir Edward Cook in Bev●rlies case, be of a contrary opinion) if he should assault or kill his king. And I suppose few will deem r Eadmerus, Malmes Hunt. Hoveden, Mat. West. Mat. Par Polychonicon, ●ab. Caxton, Holinsh. Graf. Speed, Daniel, and others in the life of Wil Rufus. Walter Terrils casual killing of King William Rufus with the glance of his arrow from a tree, shot at a Deer, high Treason; neither was it then reputed so, or he prosecuted as a Traitor for it, because he had no malicious intention (as most think) against the King, or any thought to hurt him. But I conceive it out of question, if a king in a distracted furious passion without just cause, shall invade his subjects persons in an open hostile manner to destroy them; it neither is, nor can be Treason nor Rebellion in them, if in their own necessary defence alone, they shall either casually wound or slay him contrary to their loyal intentions; and those s See Stamford Bracton, Fitz-herbert, Brook, Cromp. Tit. Treason & Corone. Statutes and Law-bookes which judge it high Treason, for any one maliciously and traitorously to imagine, compass or conspire the death of the King; will not at all extend to such a case of mere just defence; since a conspiracy or imagination to compass or procure the King's death, can neither be justly imagined nor presumed, in those who are but merely defensive, no more then in other common cases of one man's killing another in his own inevitable defence without any precedent malice; in which a Pardon by Law, is granted of course: however, questionless it is no Treason nor murder at all to slay any of the king's soldiers and 〈◊〉 who are no kings, in such a defensive war. Sixthly, suppose the King should be captivated, or violently led away by any foreign or domestic enemies to him and the kingdom, and carried along with them in the field, to countenance their wars and invasions upon his loyallest Subjects, by illegal warrants or Commissions fraudulently procured, or extorted from him. If the Parliament and Kingdom in such a case, should raise an Army to rescue the King out of their hands, and to that end encountering the enemies, should casually wound the King whiles they out of loyalty sought only to rescue him; I would demand of any Lawyer or Divine, whether this Act should be deemed Treason, Rebellion or Disloyalty in the Parliament or army? Or which of the two Armies should in point of Law or Conscience be reputed Rebels or Traitors in this case? those that come only to rescue the King, and so fight really for him indeed, though against him in show; and wound him in the rescue? Or those who in show only fought for him, that they might still detain him captive to their wills? Doubtless there is no Lawyer, nor Theologue but would presently resolve in such a case, that the Parliaments Army which fought only to rescue the King were the loyal Subjects; and the Malignant's army who held him captive with them, the only Rebels and traitors; and that the casual wounding of him (proceeding not out of any malicious intention, but love and loyalty to redeem him from captivity,) were no trespass nor offence at all, being quite besides their thoughts: and for a direct precedent; It was the very case of King t Mat. Par. An. 1266. p. 967. Speed p. 640. Dan. p. 180. 181. Holinsh. Graft. Stow, and others. Henry the third; who (together with his son Prince Edward) being taken Prisoner by the Earl of Leycester in the battle of Lewis, and the Earl afterwards carrying him about in his Company in nature of a Prisoner, to countenance his actions, to the great discontent of the Prince, the Earl of Gloucester and other Nobles; hereupon the Prince and they raising an Army, encountered the Earl, and his Forces in a battle at Evesham where the King was personally present, slew the Earl, Routed his Army, and rescued the king; in this cruel battle, the u In praefenti ●ello, Dominus Rex extitit vulneatus & morti paene vicinus, jaculo in eum ex improviso dejecto, Mat. Par. Ibid. king himself (being wouded unawares with a javelin, by those who rescued him) was almost slain, and lost much of his blood: yet in a Parliament soon after summoned at Winchester, Anno 1266. the Earl and his Army were disinherited as Traitors and Rebels; but those who rescued them though with danger to his person, rewarded as his loyal subjects. And is not this the present case? A company of malignant ill Councillors, Delinquents, Prelates, Papists, have withdrawn his Majesty from his Parliament, raised an Army of Papists, Foreigners, Delinquents and Malcontents, to ruin the Parliament, Kingdom, Religion, Laws, Liberties; to countenance this their design, they detain his Majesty with them, and engage him all they can on their side: the Parliament out of no disloyal intention, but only to rescue his Majesty's person out of their hands, to apprehend delinquents, preserve the Kingdom from spoil, and defend their Privileges, Persons, Liberties, estates, religion, from unjust invasion, have raised a defensive Army, which encountered these Forces at Edgehill, (where they say the King was present) slew the Lord General (Earl of Lindsey) with many others; and as they never intended, so they offered no kind of hurt or violence at all to his Majesty's person then or since; and now full sore against their wills, Petitions, endeavours for peace, they are necessitated to continue this offensive war, for their own and the Kingdom's necessary preservation. The sole question is; Whether this Act, this Defensive War of the Parliament and their Forces be high Treason or Rebellion? and who are the Traitors and Rebels in this case? Certainly, if I understand any Law or Reason, the Parliament and their Forces are and must be innocent from these crimes; and their opposite Popish Malignant Cavaliers, the only Rebels and Traitors; as this Parliament (the only proper Judge of Treasons) hath x See the Remonstrance of both Houses Nou. 2. 1642. already voted and declared them in point of Law. Seventhly, it is * Littleton sect. 378. Cook. Iust. Ib f. 233. l. 5. E. 4. 26. 27. 11. E. 4. 1. b. 15. E. 4. 3. 6. Plowden p. 379. 380. 43. E. 3. c. 4 4. H. 7. c. 6. 7. Cook l. 9 f 50. 95. 96. 99 Littleto●s and other Law-bookes express resolutions; That if a man grant to another the Office of a Parkership, of a Park for life, the estate which he hath is upon condition in Law (though not expressed) that he shall well and lawfully keep the Park, and do that which to his Office belongeth to do, or otherwise it shall be lawful for the grantor and his heirs to remove him, and grant it to another if he will: and if the Parker negligently suffer the Dear to be killed, or kill the Deer himself without sufficient warrant from his Lord, it is a direct forfeiture of his Office. If then a Keeper of Forester cannot kill or negligently suffer his Deer to be killed (no nor yet destroy the vert on which they should feed, or suffer it to be destroyed) without forfeiture of his Office, even by a condition annexed to his Office by the very Common Law; shall a King, think you, lawfully murder, plunder and destroy his Subjects, his kingdom, without any forfeiture or resistance at all? or will the Common Law of the Land in such a case which provides and annexeth a condition to the Office of a Parker, not much more unite it to the royal Office of a King, (who is but a regal Keeper, or * Isa. 78. 70. 71. 72. shepherd of men, of Christians, of free men, not of slaves) for the Subject's preservation and security? Doth the Common-Law thus provide for the safety, the Liberty, welfare of our beasts, yea our wild beasts, are our Deer so dear unto it, and will it not much more provide for the security of our own persons, Lives, Liberties, estates? shall not these be dearer to it than our Deer? How many * See Charta de Forresta. Rastals Abridgement, Title Forests. 3. jac. c. c. 13. Petrus Biese●●is de Instit. Episcopi Bibl. Patrum Tom 12. pars 2. p 944. Illud ni●ilo. minnis ●bsurdum, etc. riged Laws have been anciently, and of late years made, against the kill, the destroying of the kings, the Subjects Dear in Forests and Parks, for which some have lost their Liberties, Lives, members? And shall not the Laws for the preservation of the Subject's Lives, Liberties, estates be more inviolably observed, more severely prosecuted? May a Forester, Warrener, or Keeper of a Park lawfully beat and kill another in defence of his Deer and other game, without any penalty or forfeiture at all, enjoying the King's Peace as before this fact, by the express statute of 21. E. 1. Rastall Forests 19 and Stamford's Pleas, l. 1. c. 5. 6. And cannot a poor subject defend his own person, family, house, goods, Liberty, life, against the king's Forces, or Cavaliers without the danger of Treason or Rebellion, if the king himself be present with them, or they come armed with his unjust Commission? Certainly this is a too absurd, irrational, bestial opinion for any to believe. It is our Saviour's own doubled argument, Mat. 6. 26. Luke 12. 24. Behold the fowls of the air, and consider the Ravens, for they neither sow nor reap, neither have store-house, nor barn; yet your heavenly Father feedeth them: ARE NOT YE MUCH BETTER THAN THEY? THAN FOWLS? And Luke 12. 6. 7. Mat. 10. 29. 30. 31. Are not two sparrows sold for a farthing? and not one of them shall fall to the ground without your Father: But the very hairs of your head are all numbered: Fear ye not therefore; YE ARE OF MORE VALVE THAN MANY SPARROWS And the Apostle hath the like argument, 1 Cor. 9 9 10. Doth God take care for Oxen? Or saith he it no● altogether for our sakes? for our sakes, NO DOUBT THIS IS WRITTEN, etc. * Gen. 1. 28. 29. 30. c. 9 2. Psa. 8. 4. ●0. 9 Men are the Sovereign Lords of all the Creatures, of far more excellency and dignity then all, ●r any of them; especially Christian men; whence the Apostle Paul gives this strict charge to the Elders of Ephesus (belonging as well to kings as Ministers) Act. 20. 28. Take heed therefore unto all the flock over which the holy Ghost hath m●de you overseers to feed the Church of God which he hath purchase● with his own blood: and God himself hath given this express inhibition even to * Psal. 105. 14. 15. 1. Chr. 16. 20. 21. See the Vindication and Revindication of this Text. Kings themselves, concerning his and their people's safety (most strangely inverted by flattering Divines, quite contrary to the words and meaning:) Touch not mine anointed, and do my Prophets no harm. And shall not men then made after Gods own Image; men redeemed and purchased by the blood of Christ; men made * Rev. 1. 6. c. ●. 10. c. 20. 6. Kings and Priests to God their Father, whom God himself hath expressly prohibited Kings themselves to touch or harm; not be allowed liberty to defend their persons, houses, lives, liberties, without offence or Treason, against Kings or any their Cavaliers assaults, by the Law of God, the Common or statute Law of the Realm; when as their very Keepers, Warreners, Foresters may lawfully resist, and slay them to without crime or punishment, if they should offer but to kill, to steal their Deer or Coneys? Are they not much better, much dearer to God, to Kings, than fowls? then Sparrows? then Oxen? then Dear? and their lives, their blood more precious than theirs? surely the Scripture is express: that * Psal. 7 ●. 14. Ps. 116. 15. precious in the sight of the Lord is the blood the death of his Saints; and therefore * Gen. 9 6. Mat. 26. 5●. he that sheddeth man's blood (be he whom he will in an unlawful way) by man shall his blood be shed; if not in a judicial way, yet by way of just defence, as Christ himself expounds it, Mat. 26. 52. ALL they that take the sword, shall perish with the sword: and Rev. 10 10. He that killeth with the sword, MU BE KILLED WITH THE SWORD; (no doubt he may be killed by way of necessary defence;) then it immediately follows; here is the patience and faith of the Saints: that is, Saints will and must patiently endure many pressures and wrongs from Tyrants and oppressors without resistance, but if they once come to make war with them, as the seven headed beast there did v. 7. then both the faith and patience of the Saints themselves will bind their hands no longer, but give them free liberty in such an extremity (for their own and the Church's preservation, in their just defence) to slay those seven headed beasts that shall assault them; the very faith of Christ then teacheth them no other lesson but this: he that leads into captivity shall go in●o captivity, and he that killeth with the sword must be killed with the sword: and in such a case, God saith, Psal. 149. 6. 7. 8. 9 Let a two edged sword be in their hands, to execute vengeance upon the heathen, and punishment upon the people: to 〈◊〉 their Kings with chains and their Nobles with fetters of Iron; to execute upon them the judgement written: This honour (this privilege in such cases) HAVE ALL THE SAINTS, Praise ye ●he Lord. And very good reason is there for it. For as Nature itself hath instructed Lions, Bears, Wolves, Boars, Stags, Backs, and most other beasts, not only to defend themselves against the violence of one another, but even of Men their supreme Lords, when they assault and hunt them to take away their lives, over which God hath given men a lawful power: much more than may men by natures dictate, defend their persons, lives against the unlawful violence of their kings or Armies (over which God hath given them no power at all but in a legal way of justice for capital offences) when they assault or make war upon them to destroy them. Not to trouble you with Histories of Stags and other beasts which have killed men th●t chased them, in their own defence, of which there are infinite examples in the * 〈…〉 Roman and Spanish Histories, in those Amphithreatricall sports and spectacles wherein men encountered and fought with Lions, Tigers, Bears, Bulls and other savage B●asts; I shall only recite some few examples even of Kings themselves, who have been slain and devoured by such beasts as they have chased: * 〈…〉 Mad●● King of Britain (as Polycronicon Fabian, Grafton and others record) being in his disport of hunting, was slain of the wild beasts he pursued, when he had reigned 40. years: so was his son King Mempris slain and destroyed in hunting in the same manner. Merind●● King of Britain, was devoured by a Sea monster which he encountered: and * Zonara's Annal. To●●. 3. f. 15. Munsieri Cosmog. l. 4. c. 59 p. 1 104. Basilius the 33. Emperor of Constantinople hunting a Stag, of an extraordinary greatness, and thi● king to cut off his neck with his sword; the Stag ranfiercely at him, gored him with his horns on which he tossed him, bruised his entrails, whereof he died some few days after, and had been slain immediately, on the beasts horns, had not one there present drawn his sword and cut off his girdle, by which he hung on the horns, to whom he gave a very ill requital for this loyal service: other stories of kings slain by beasts in their own defence occur in story, and examples of kings slain by men in and for their preservation, are almost innumerable: that of our king * Mat. West. An. 946. p. 946. Malmes● Huntirg. ●ab. Graft. Holins. Speed, and others in his life. Edmond is observable among others, who as our Historians write being at a feast at Pulkers Church on Saint Augustine's day, espied a thief named Leof, whom he had formerly banished, sitting in the Hall, whereupon he leapt over the Table, assaulted Leof, and plucked him by the hair of the head to the ground; who in his own defence, wounded the king to death with a knife, hurt many of his servants, and at length was himself hewn all in pieces. But that of our King * Hoved. An. pars posterior. p. 791. Mat. Paris, Mat. Westm. Polyc. Fab. Walfirg. Holinsh. Graf. Speed, Daniel in the life of Rich. 2. Richard the 1. is more remarkable, who being shot in the arm with a barbed Arrow by one Peter Basil, (or Bertram Gurdon as others name him) at the siege of Chaluz Castle in Aquitain which rebelled against him; the Castle being taken, and the king ready to die of the wound, commanded the person that shot him to be brought into his presence, of whom he demanded, What hurt he had done him that provoked him to this mischief? To whom he boldly replied: Thou hast killed my father and my two Brothers with thine own hand; and now wouldst have slain me: take what revenge thou wilt; I shall willingly endure what ever torture thou canst inflict upon me, in respect I have slain thee, who hast done such and so great mischief to the world. The king hearing this his magnanimous answer, released him from his bonds, (though he slew the rest) and not only forgave him his death, but commanded an hundred shillings to be given him. If then bruits by the very law of Nature have thus defended themselves against kings, who have violently assaulted them, even to the casual death of the assailants: Why men by the selfsame Law, may not justly defend themselves against the unjust assailing wars of their Princes, and Armies, without Treason or Rebellion, exceeds my shallow understanding to apprehend: and I doubt those very persons who now plead most against it, only to accomplish their own pernicious designs, would make no scruple of such a necessary defensive wars and resistances lawfulness, were the case but really their own; and those Papists and Cavalieers who now take up arms against the Parliament, the supremest lawful power in the Realm, and their own native Country, without check of Conscience, would doubtless make no bones at all forcibly to resist or fight against the King himself, should he but really join with the Parliaments Army, against them and their designs; there being never any Soldier or Politician, but those only who were truly sanctified and religious, that made any conscience of fight against, yea murdering of his natural king, not only in a lawful defensive war, but in a Traitorous and Rebellious manner too, if he might thereby advantage or promote his own particular interests, as is evident by the council and speech of David's soldiers, and King Saul himself. 1 Sam. 24. 4. 5. 6. 7. 18. 19 21. by the words of Abishai, to David, 1 Sam. 28. 8. 9 23. 24. by the Council of Achitophel, which pleased Absalon, and all the Elders of Israel well, 2 Sam 17. 1. 2. 3. 4▪ and the infinite number of Emperors, of Kings, which have been traitorously, and rebelliously slain, without any just occasion by their own Soldiers, and that in a mere offensive, not defensive way; above half the Roman, Grecian, and Germane Emperors dying of such assassinations, or poison, very few of them of mere natural deaths, as the Histories of their lives declare. Eighthly, It is in a manner agreed by y See Bishop Bilson, of Christian subjection, etc. part. 3. P. 411. to 422. and the Authors there cited. Historians, Politicians, and Divines, that if a King will desert the defence and Protection of his people in times of war and danger, and neither aid nor protect them against their enemies according to his Oath and Duty, they may in such a case of extremity, for their own necessary defence and preservation, desert him, who deserteth them, and elect another King, who can and will protect them from utter ruin. Upon this very ground the z Speed hist. l. 6. c. 54. l. 7. ●. 1. 4. Camb. Brit. p. 107. 108. etc. c. See Holinsh. Poly, G●●f. Britons of this Nation after many hundred years' subjection to the Roman Emperors, rejected their yoke and government, when they refused and neglected to defend them against the barbarous Picts and others, who invaded them, when they had oft craved their assistance; electing them other Patriots: So the a jacobus Valdefius de Dignitate Regum Regn. Hisp. c. 18. Franciscus Tarap●a de Regibus Hispaniae, Michael. Ritius de Regibus. Hisp. l. 2. Manst. Cosm. l. 2 c 20. Spaniards being deserted by the Roman Emperors and left as a prey to their enemies; abandoned their government, and elected them Kings of their own to protect them, which they justified to be lawful for them to do. And in like manner the Romans and Italians being forsaken of the Emperor Constantine, when they were invaded by b See Bishop bilson's true difference, etc. p. 3. 411. to 416, and the Appendix here p 8. 9 Aistulfus King of the Lumbards'; Elected Charles the Great for their Emperor, and created a new Empire in the West, distinct from that of Constantinople in the East, which Bishop Bilson himself concludes they might lawfully do, in point of conscience. So c Aventinus Amid. 3. The general hist. of France in his life. See the Appendix. Childerick being unfit to govern, and unable to repulse the enemies of the French which invaded his territories; thereupon by the advice of Pope Zachary, and of a whole Synod and Parliament in France, they deposed Childericke, and elected P●pin for their King, who was both able and willing to protect them; Upon this very ground the d See Grimstons Imperial history in their lives, & and the Appendix. Emperor's Charles the third, and Wencestius were deposed, as being unable and unfit to defend and govern the Empire, and others elected Emperors in their steeds, Thus * The General History of Spain p▪ 455. Mahomet the blind, King of Granado, was in the year 1309. deposed by his own Brother, Nobles, and Subjects, who were discontented to be governed by a blind King, who could not lead them to the wars in person. And * Graft. part. 7 p 85. Buchanon Remove 〈◊〉 l. 4. p ●. 21. Ethodius the 2d king of Scotland, being dull of wit, given to avarice, and nothing meet to govern the Realm; thereupon the Nobles took upon them the government, appointing Rulers in every Province, & so continued them all his reign, leaving him nothing but the bare title of a King, (not depriving him thereof, out of the respect they gave to the family of Fergusius) but yet taking away all his regal power. And not to multiply cases or examples of this nature: e Theatre of Honour l. 2. c. 43. p. 183. Andrew Favine in his Theatre of Honour, out of the Chronicle of Laureshe●m and A●monius in his 4th Book of the History of France, relates a notable resolution given by the Parliament & Estates of France in this very point. In the year 803. Lewes the Debonair king of France holding his Parliament in May, there came thither from strange Provinces two Brethren, kings of Vuilses, who with frank & free good will submitted themselves to the judgement of the said parliament, to which of them▪ the kingdom should belong. The elder of these two brethren was named Miligastus, and the younger Celea●raeus, Now albeit the custom of the said kingdom, adjudged the Crown to the eldest, according to the right of 〈◊〉 allowed and practised by the Law of Nature, and of later memory, in the person of the last dead King Liubus, father to the two contendants; yet notwithstanding in regard that the Subjects by universal consent of the kingdom, had rejected the elder brother FOR HIS COWARDICE AND EVIL GOVERNMENT (cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret) and had given the Crown to the younger brother FOR HIS VALOUR & DISCREET CARRIAGE; after full hearing of both parties, BY SENTENCE of PARLIAMENT, the Kingdom was adjudged to the younger Brother, (stat●●t ut junior frater delatam sibi à Populo suo pot●statem haberet, &c) and thereupon the eldest did him homage, with oath of Allegiance in the said Parliament, and submitted to this sentence. And upon this very ground in f See Pareneere the end. some of our ancient British and Saxons Kings Reigns▪ when the right heir to the Crown was an infant, unable to defend his kingdom and people against invading enemies, the Crown hath commonly descended to the Uncle or next heir of full age, who was able to protect them and repulse their enemies, till the right heir accomplished his complete age, as I have elsewhere manifested. If then a Kingdom by general consent; may elect a new King to defend and preserve it, in case of invasion and eminent danger of ruin by foreign enemies, when their present King either cannot, or will not do his duty in protecting them from their enemies, and exposeth them for a prey to their devastations, as these examples and authorities conclude they may, though I will not positively determine so. Then certainly by equal, semblable and greater reason, subjects may lawfully take up necessary defensive Arms against their Kings, when they shall not only desert, but actually invade and wage war against them, destroy and waste them in an open Hostile manner, and handle them as cruelly as the worst of enemies: such a wilful unnatural Hostile invasion, being far worse than any cowardly or bare desertion of them when they are invaded by a foreign enemy. And if Kings in case of sottishness or Lunacy may be lawfully deposed from their kingdoms by common consent of their Realms, when they are altogether unfit or unable to govern, as Bishop Bilson asserts, and I have manifested elsewhere: then much more may they be lawfully resisted by force without guilt of Treason or Rebellion, when they wilfully and maliciously, contrary to their oath and duty, cast off their Royal governments, the protection of their subjects, and wage open war against them, to enslave or ruin them. If a Father shall violently and unjustly assault his son, a husband his wife, a master his servant, a Major or other inferior Officer, a Citizen to murder, maim, or ruin them; They may in such a case by g See Summa● Rosella Tit. Bel●um. the Law of Nature, God, man, resist, repulse them in their own defence without any crime at all, as daily practise experimentally manifests; yea they may swear the peace against them, and have a Writ h Fitz Nat. Brevium f. 80. 81. de securitate Pacis in such cases. Therefore by the selfefame reason they may resist the King and his Army in like cases; there being no more humane nor divine Law against resistance in the one case, than in the other. Finally, it is the resolution of i Common weal l 2. c. 5. 220. ●21. john Bodin and others, who deny the lawfulness of Subjects taking up Arms against their Sovereign Prince, or offering violence to his person, though he become a Tyrant: That if a Sovereign Prince or King by lawful election or succession turn● a Tyrant, he may lawfully (at his Subject's request) be invaded resisted, condemned or slain by a foreign Prince. For as of all Noble acts, none is more honourable or glorious, then by way of fact to defend the honour, goods, and l●ves of such as are unjustly oppressed by the power of the more mighty, especially the gate of justice being shut against them: thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian, and no means to have redress of his wrongs: So it is a most fair and magnifical thing for a Prince to take up Arms to relieve a whole Nation and people, unjustly oppressed by the cruelty of a Tyrant: as did the great Hercu●es who travelling over a great part of the world with wonderful power and valour destroyed many most horrible monsters, that is to say, Tyrants; and so delivered people, for which he was numbered among the gods, his posterity for many worlds of years after, holding most great Kingdoms. And other imitators of his virtue as Dio, Timoilion, Aratus, Harmodius, Aristogiton, with other such honourable Princes, bearing Titles of chastisers, and correctors of Tyrants. And for that only cause Tamerlain Emperor of the Tartars, denounced war unto * See Knols Turkish Hist. in his life. Bajazet King of the Turks, who then besieged Constantinople, saying, That he was coming to chastise his Tyranny, and to deliver the afflicted people; and vanquishing him in battle, routed his Army, and taking the Tyrant prisoner, he kept him in chains in an Iron Cage till he died. Neither in this case is it material that such a virtuous Prince being a stranger, proceed against a Tyrant by open forc●, or fierceness, or else by way of justice. True it is that a valiant and worthy Prince, having the Tyrant in his power, shall gain more honour by bringing him unto his trial, to chastise him as a murderer a manqueller, and a robber; rather than to use the Law of Arms against him. Wherefore let us resolve on this, that it is lawful for any stranger (Prince) to kill a Tyrant, that is to say, a man of all men infamed, and notorious for the oppression, murder, and slaughter of his subjects and people. And in this sort, our * Speed Hist. p. 1193. 1194 The History of the Netherlands, and the Swedish Intelligencer. Queen Elizabeth aided the Low-Countries against the Tyranny and oppressions of the King of Spainte and the King of Sweden of late years the Princes of Germany against the Tyranny and usurpations of the Emperor, upon their solicitation. If then it be thus lawful for Subjects to call in foreign Princes to relieve them against the Tyranny and oppressions of their kings (as the Barons in * Mat. Par. Mat. West. Hoved. Speed, Holish. Fab. Graft. Daniel in his life. King john's time prayed in aid from Philip and Lewis of France against his tyranny) and those Princes in such cases, may justly kill, depose, or judicially condemn these oppressing Kings and put them to death. I conceive these whole kingdoms and Parliaments may with far better reason, less danger, and greater safety to themselves, their Kings and Realms take up defensive Arms of their own to repulse their violence. For if they may lawfully help themselves and vindicate their Liberties from their King's encroachments by the assistance and Arms of foreign Princes who have no relation to them, nor particular interest in the differences between their kings and them, which can hardly be effected without subjecting themselves to a foreign power; the death or deposition of the oppressing King: much more may they defend and relieve themselves against him by their own domestic Forces, if they be able, by general consent of the Realm; because they have a particular interest and engagement to defend their own persons, estates, liberties, which foreigners want; and by such domestic Forces may prevent a foreign subjection, preserve the life of the oppressing Prince, and succession of the Crown in the hereditary line; which * See Knols Turkish Hist. of the calling in the Turk into Graecia and Cambd●n & Speed of the Britons calling in the Saxons which proved their ruin and conquest. foreign Armies most commonly endanger. And certainly it is all one in point of Reason, State, Law, Conscience, for Subjects to relieve themselves, and make a defensive war against their Sovereign by foreign Prince's Arms, as by their own: and if the first be just and lawful, as all men generally grant without contradiction; and Bract●n to l. 2. c. 16. I see no colour but the latter must be just and lawful too, yea then the first rather, because less dangerous, less inconvenient to King and Kingdom. From Reasons, I shall next proceed to punctual Authorities. Not to mention our ancient h See Matth. Westm. Huntirgdon, Galfridus Monumetensis, Florentius Wigorniensis, Polychronicon, Fabian, Caxton, Grafton, Holinshed, Speed, and others, in their several lives. Britons taking up of arms by joint consent, against their oppressing, tyrannising Kings A●chigallo, Emerian, and Vortigern, whom they both expelled and deposed, for their tyranny and mis-govenment; nor our Saxo●s. ray●sing defensive Forces against King Sigebert, Osred, Ethelred, Beornard, Ceolwulfe and Edwin, who were forcibly expelled, and deprived by their Subjects for their bloody cruelties and oppressions; which actions the whole Kingdom then, and those Historians who recorded them since, reputed just and honourable, and no Treasonor Rebellion in Law or Conscience, being for the Kingdom's necessary preservation, and the people's just defence; which Histories I have elsewhere more largely related. Nor yet to insist long on the forementioned Baron's war, against king john and Henry the 3d. for regaining, establishing, preserving Magna Cha●ta, and other Liberties of the Realm, which our Kings had almost utterly deprived them off; I shall only give you some few brief observations touching these wars, to clear them from those black aspersions of Rebellion, Treason, and the like, which some late Historians (especially john Speed) to flatter those Kings to whom they Dedicated their Histories, have cast upon them, contrary to the judgement of our ancienter Choniclers, and Matthew Paris; who generally repute them lawful and honourable. First then consider, what opinion the Prelates, Barons, and Kingdom in general, had of these Wars at first, i Matth. Pari● Hist. Angl. p. 234 to 240. Holinshed, Grafton, Speed, Fabi●● and Daniel, p. 140 141. 142. 143. Anno 1●14. in a Parliament held at Paul's the 16. year of King john's reign, Steven Langton Archbishop of Canterbury, produced a Charter of King Henry the First, whereby he granted the Ancient Libert●es of the Kingdom of England (which had by his Predecessors been oppressed with unjust exactions, according to the Laws of King Edward, with those emendations, which his Father, by the cou●sell of his Barons, did ratify: which Charter being read before the Barons, they much rejoiced; and swore in the presence of the Archbishop,; that for these Liberties they would, if need required, spend their blood: which being openly done in Parliament, they would never have taken such a public solemn Oath, had they deemed a War against the King, for recovery, or defence of these their Liberties unlawful, and no less than Treason and Rebellion in point of Law or Conscience. After this the Barons assembling at Saint Edmond bury, conferred about the said Charter, and swore upon the high Altar, That if King john refused to confirm and restore unto th●m those Liberties (the Rights of the Kingdom) they would make War upon him, and withdraw themselves from his Allegiance, until he had ratified them all w●th his Charter under h●s great Seal. And further agreed, after Christmas to Petition him for the same, and in the mean time to provide themselves of Horse and Furniture to be ready, if the King should start from his Oath made at W●nchester, at the time of his absolution, for confirmation of these Liberties, and compel him to satisfy their demand. After Christmas they repair in a Military manner to the King, lying in the new Temple, urging their desires with great vehemency: the King seeing their resolution and inclination to war, made answer, That for the matter they required, he would take consideration till after Easter next, In the mean time, he took upon him the Cross, rather through fear, than devotion, supposing himself to be more safe under that Protection: And to show his desperate malice and wilfulness (who rather than not to have an absolute domination over his people, to do what he listed, would be any thing himself under any other that would but support him in his violences) he sent an Embassage (the most base and impious that ever yet was sent by any free and Christian Prince) unto Miramumalim the Moor, entitled the great King of Africa, Morocco, and Spain; wherein he offered to render unto him his Kingdom, and to hold the same by tribute from him as his Sovereign Lord; to forgo the Christian Faith, as vain, and to receive that of Mahomet, employing Thomas Hardington and Ralph Fitz-Nicholas, Knights, and Robert of London Clerk, Commissioners in this negotiation; whose manner of access to this great King, with the delivery of their Message, and King john's Charter to that effect, are at large recited in Matthew Paris, who heard the whole relation from Robert one of the Commissioners, Miramumalim having heard at large their Message, and the Description of the King and Kingdom, (governed by an anointed and Crowned King, known of old to be free and ingenuous; ad nullius, praeterquam Dei spectans dominationem) with the nature and disposition of the people, so much disdained the baseness and impiety of the Offerer, that fetching a deep sigh from his heart, he answered, I have never read nor heard, of any King possessing so prosperous a Kingdom, subject and obedient to him, who would thus willingly ruin his Principality, as of free to make it tributary, of his own to make it another's, of happy to make it miserable, and to submit himself to another's pleasure, as one conquered without a wound. But I have heard and read of many, who with effusion and loss of much blood (which was laudable) have procured liberty to themselves; modo autem au●io, quod Dominus vester miser, deses & imbellis, qui nullo null or est, de libero servus fieri desiderat, qui omnium mortalium miserrimus est. After which he said; That the King was unworthy of his Confederacy; and looking on the two Knights with a stern countenance, he commanded them to depart instantly out of his presence, and to see his face no more; whereupon they departing with shame; he charged Robert the Clerk, to inform him truly what manner of person King john was: who replied, That he was rather a Tyrant then a King; rather a Subverter then a Governor; a Subverter of his own Subjects, and a Fosterer of Strangers; a Lion to his own Subjects, a Lamb to Aliens and Rebels; who by his slothfulness had lost the Duchy of Normandy, and many other Lands, and moreover thirsted to lose and destroy the Kingdom of England: An unsatiable Extortioner of money; an invader and destroyer of the possessions of his natural people, etc. When Miramumalin heard this, he not only despised, as at first, but detested a●d accursed him, and said: W●y do the miserable English permit such a one to reign and domineer over them? Truly, they are effeminate and slavish: To which Robert answered: the English are the most patient of all men, until they are offended and damnified beyond measure. But now they are angry, like a Lion or Elephant, when he perceives himself hurt or bloody; and though late, they purpose and endeavour to shake the yoke of the Oppressor from their necks which lie under it: Whereupon he reprehended the overmuch patience an● fearfulness of the English; and dismissed these Messengers; who returning and relating his Answer to King john, he was exceeding sorrowful, and in much bitterness of Spirit, that he was thus contemned and disappointed of his purpose. Yet persisting in his preconceived wicked design to ruin his Kingdom and people, and hating all the Nobility and Gentry of England, with a viperous Venom, he sets upon another course; and knowing * A true Character of a Pope. Pope juno cent to be the most ambitious, proud, and covetous of all men, who by gifts and pr●mises would be wrought upon, to act any wickedness: Thereupon he hastily dispatcheth messengers to him with great sums of Money, and a re-assurance of his tributary Subjection, (which shortly after he confirmed by a new Oath and Charter,) to procure him to Excommunicate the Archbishop of Canterbury, and the Barons, whom he had formerly favoured; which things he greedily desired, that he might wreck his malice on them by Dis● inheriting, Imprisoning, and Spoiling them being Excommunicated: Which things when he had wickedly plotted, he more wickedly executed afterwards. In the mean time, the Barons foreseeing that nothing was to be obtained but by strong hand, assemble an Army at Stamford, wherein were said to be two thousand Knights, besides Esquires, and marched from thence towards Oxford, where the King expected their coming to answer their demands. And being come to Brack●ey with their Army, the King sends the Earl of Pembroke Mariscall, and the Archbishop of Canterbury, with others, to demand of them, what were those Laws and Liberties they required? to whom they showed a Schedule of them, which the Commissioners delivered to the King: who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdom? and swore he would never gra●t those Articles, whereby himself should be made a Servant. So harsh a thing is it to a power, that is once gotten out into the wide liberty of his will, to hear again of any reducing within his Circle. Upon this answer, the Barons resolve to seize the King's Castles; constitute Robert Fitz-walter their General, entituling him, Mariscall of the ARMY of GOD, a●d of HOLY CHURCH: A Title they would never have given their General, or Army, had they deemed this War unlawful in Law or Conscience. After which they took divers of the King's Castles, and are admitted into London; where their number daily increasing, they make this Protestation; Never to give over the prosecution of their desire, till they had constrained the King (whom they held perjured) to grant them their Rights. Which questionless, they would not have done, had they not believed this War to be just and lawful. King john seeing himself in a manner generally forsaken of all his people, and Nobles, having scarce 7. Knights faithful to him (another strong argument, that the people and Kingdom generally apprehended, this taking up arms against the King to regain, to preserve their hereditary Rights and Liberties, to be lawful) counterfeits the Seals of the Bishops, and writes in their Names to all Nations, That the English were all Apostates, and whosoever would come to invade them, he, by the Pope's consent, would confer upon them all their Lands and Possossio●s. But this device working no effect, in regard they gave no credit to it, and found it apparently false; the King seeing himself deserted of all, and that those of the Baron's part were innumerable, (cum tota Angliae Nobilitas in unum collecta, quasi sub numero non cadebat, writes Matthew Paris, another argument of the justice of this cause and war, in their beliefs and consciences; at last condescended to grant and confirm their Liberties, which he did at Running-Meade, in such sort as I have formerly related. And though the Pope afterwards for his own private ends and interest, (bribed by King john, who resigned his Kingdom to him, and became his Vassal, without his people's consent, which resignation was judged void,) excommunicated the Barons withal their assistance; Qui Ioha●nem illustr●m Reg●m Anglorum Cruce signatum, ET VASALLUM ROMANAE ECCLESIAE (an honourable Title indeed for a King) per quuntur, molientes ei Reg●um auferre (which this Pope himself did but few years before, giving his Crown and Kingdom itself to King Philip of France, which to save, he sordidly resigned up to the Pope) quod ad Ronanam Ecclesiam dignosci●ur pertinere. l Pag. 235. 267. 268. Yet this Excommunication thus procured by bribery, proceeding not out of Conscience to preserve the King's due Rights, but self-respects to support the Pope's usurped interest and Title to the Realm; and being a wicked plot of the King, more wickedly executed by the Pope, (who as Matthew Paris writes, was AD OMNIA SCELERA pro praemijs datis v●l promissis cereus & proclivis) and the Londoners, Barons, with divers Prelates then contemning it, as pronounced upon false suggestions, and especially for this cause, that the ordering of temporal affairs belonged not to the Pope, Cum Petro Apostolo & ejus Successoribus non nisi Ecclesiasticarum dispositio r●rum a Domino sit collata potestas. And using likewise these memorable Speeches in those blind days against the Pope and his usurped Supremacy, with liberty. Vt quid ad no●se extendit Romanorum insatiata cupiditas? Quid Episcopis Apostolicis & Militiae nostrae? Ecce successores Constantini & non Petri, non imitantur Petrum in meri●is, vel operibus; nec assimulandi sunt in Potestate. Proh pudor, marcidi ribaldi, qui de armis vel li●eralitate minime norunt, jam toti mundo propter excommunicationes suas volunt dominari; ignobiles usurarij & Simoniales. O quantum dissimu●es Petro, qui sibi Petri usurpant partem? etc. I conceive this Excommunication rather justifies than disproves the lawfulness of this their taking up of arms, and the war ensuing it being but for their own just defence, when the King afterwards with fire, sword, and bloody barbarous Foreign Forces wasted his Realm in a most inhuman, tyrannical manner, Factus de Rege Ty●annus; imo in bestialem prorumpens feritatem, etc. which necessitated the Barons for their own preservation and the Kingdoms (devoted by this unnatural Prince to Vassalage and utter desolation) to elect Lew●s of France for their King. Who, together with the Peers and Estates of France, assembled at Lions concerning this Election; resolved it to be just and lawful, and the Barons Defensive Wars against, and rejection of King john for his Tyranny and oppressions, to be just and honourable, since they did but flee to these extraordinary remedies, and seek for justice abroad, when they were denied it by him that should give it them in as ordinary way at home, choosing as King, in place of a Tyrant, as m Hist. Angl. pag. 270. 271. Matthew Paris, with the n Pag. 121. 1●2. general History of France (written by john de Serres, and Englished by Edward Grimston) more largely manifest. Secondly, the Lawfulness and justness of the Barons' Wars in Defence of Magna Chart●, with other their Hereditary Rights and Liberties, appears most evidently, by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 ●. 2. 3. Richard the 2d and other our succeeding Kings; which have many times, even by o See part. 1. p. 19 20. force of Arms, or Menaces; and sometimes by fair terms, caused these Kings by new Acts of Parliament of ratify Magna Charta, the Charter of the Forest, with other Fundamental Liberties, thus forcibly extorted from King I●hn at first; and constrained them to confirm him with their Oaths and sol●mne public p Confirm C●●rtarum. 25. E. 1. ●. 4. Excommunications, to be published by the Bishops in their Diocese twice every year; oft solemnly vowing, and protesting, both in and out of Parliament, to defend these Laws and Liberties, with their estates, arms, lives, blood; which their ancestors had purchased with their blood; as I have manifested in the two first parts of this Discourse: All which they would no doubt have forborn, had they deemed it high Treason or Rebellion in point of Law, to take up arms against their Kings in defence o● these Laws and Privileges; neither would our Kings and Parliaments in times of Peace, have so frequently confirmed these Laws and Immunities, as just and necessary for the people's welfare, had they reputed their former purchases and confirmations by war and arms, no less than Treason or Rebellion. And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured, and ratified Magna Charta, to take up arms in defence thereof; much less can it be Treason or Rebellion in the Parliament and Subjects now (by Votes, by Ordinances of both Houses) with force of arms to preserus, not only these their hereditary Charters, Laws, Privileges, but their very Lives, Estates; yea, the Privileges and being of Parliaments themselves, which are now invaded, endangered. What opinion the world had of the lawfulness of most of the Baron's Wars in King Henry the 3d. his Reign, against this troublesome perfidious King, in defence of their Laws, Liberties, Estates, appears first, by the Dialogue between Agnellus, a Friar minorite, one of King Henry his Counsel, (purposely sent to the Earl Martial, then in arms against the King) and this Martial Earl, in the Abbey of Morgan. Anno 1233. I will first relate the true state of that War, and then their Dialogue concerning it: q Ma●h. Par●● Hist. p. 371 to 385. Daniel, p. 153. 154. See Holinsh▪ Graft. Speed Matth. West. Anno 1233. King Henry by the ill counsel of Peter Bishop of Winchester, removed all his English Officers, Counsellors, and Servants from his Court, and put Poictovines, and Foreigners in their places, being ruled wholly by them; withal he puts the English Garrisons out of all his Castles, and substitutes Foreigners in them, which daily arrived both with Horse and arms in great multitudes, and much opprested the people, calling them Traitors; so that the power and wealth of the Realm was wholly under their Command. The Earl Martial seeing the Noble and Ignoble thus oppressed, and the rights of the Kingdom like utterly to be lost; provoked with a zeal of justice, associating to himself other Noble men, goes boldly to the King, reproves him in the hearing of many, For calling in those Poictovines, by evil Counsel, to the oppression of the Kingdom, and of his natural Subjects, and like wise of Laws and Liber●ies; Humbly beseeching him hastily to correct these excesses, which threatened the imminent subversion both of His Crown and Kingdom, which if he refused to do, he and the other Nobles of the Realm, would withdraw themselves from his Counsel, as long as he harboured those Strange●s. To which Peter of Winchester replied: That the King might lawfully call in what strangers he would, for the Defence of his Kingdom and Crown, and likewise so many, and such, as might compel his proud and rebellious Subjects to due Obedience. Whereupon the Earl Martial and other Nobles, departing discontented from the Court, when they could get no other answer, promised firmly one to another; That for this cause which concerned them all, they would manfully fight, ev●n to the separation of Soul and Body. After which, they seeing more Strangers arrive with Horse and arms every day, sent word to the King; That he should forthwith remove Bishop Peter, and all his Strangers from his Court, which if he refused, they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him, with his wicked Counselors, out of the Realm, and consult of choosing them a new King. After these, and some other like passage, the King raising an Army, besiegeth one of the Earls Castles; and not being able to win it, and ashamed to raise his Siege without gaining it, he sent certain Bishops to the Earl, and requested him; that since he had besieged his Castle, and he could not with Honour depart without winning it, which he could not do by force, that the Earl to save his Honour would cause it to be surrended to him, upon this condition, That he would restore it certainly to him within 15. days, and that by advise of the Bishop's h● would amend ●all thing amiss in his Kingdom; for performance of which the Bishops became his Pledges, and the King appointed a meeting at Westminster, on a set day between Him and the Lords: whereupon the Earl surrendered the Castle to the King, upon Oath made by the Bishops that it should be restored at the day. But the King refusing to deliver the Earl the Castle, according to promise, and threatening to subdue his other Castles; the Earl hereupon raiseth his Forces, wins his Castle again, routs divers of the King's Foreign Forces, at Gorsemond, Monmouth, and other places; and invaded the lands of his Enemies. Upon this occasion, Friar Agnellus (or Lamb) acquaints the Earl, what the King, together with his Counsel and Court, thought of his proceedings; to wit, that the King said, he had proceeded over traitorously, and unjustly against him, yet he was willing to receive him into favour, if he would wholly submit himself to his mercy; and that others held it not just, safe, and profitable for him to do it; because he had done wrong to the King, in that before the King had invaded his Lands or Person, he invaded and destroyed the King's Lands, and flew his men; and if he should say, he did this in defence of his body and inheritance; they answered, no, because there was never any plot against either of them; and that were it true, yet he ought not thus to break forth against the King his Lord, until he had certain knowledge, that the King had such intentions against him: ET EX TUNC LICERET TALIA ATTEMPTARE; and from thenceforth he might lawfully attempt such things, (by the Courtiers and Friars own Confessions:) Upon which the Martial said to Friar Lamb: To the first they say, that I ought to submit myself, because I have invaded the King: it is not true, because the King himself, (though I have been ever ready to stand to the Law and judgement of my Peers in his Court, and have oft times requested it by many messengers between us, which he always denied to grant) violently entered my Land, and invaded it against all justice: whom hoping in humility to please, I freely entered into a form of peace with him, which was very prejudicial to me: wherein he granted, that if on his part all things were not punctually performed toward me, I should be in my pristine state before that peace concluded; namely, that I should be without this homage, and obsolved from my allegiance to him, as I was at first by the Bishop of Saint david's; Seeing then he hath violated all the Articles of the Peace, IT WAS LAWFUL FOR ME, According to my agreement, to recover what was mine own; and to debilitate his power by all means; especially seeing he end eavoured my destruction, dis-inheritance, and seizing of my Body, of which I have certain intelligence, and am able to prove it if need be. And which is more, after the 15. day's truce, before I entered Wales, or made any defence, he deprived me of the Office of Martial, without judgement, which belongs to me, and I have enjoyed by Inheritance, neither would he by any means restore me to it; though required. Whence I have plainly learned, that he will keep no peace with me, seeing since the Peace he handles me worse than before. Whereby I ceased to be his Subject, and was absolved from his homage by him. Wherefore it was, and is lawful for me to defend myself, and to withstand the malice of his Counsellors by all means. And whereas the King's Counsellors say, it is profitable for me to submit to the King's mercy because he is more rich and powerful than I am. It is true, the King is richer and more potent than I, but yet he is not more powerful than God, who is justice itself, in whom I trust, in the confirmation and prosecution of my right, and of the Kingdoms. And whereas they say, the King can bring in Strangers of his kindred, who are neither Scots, nor French, nor Welsh, who shall make all his foes his Footstool, and come in such multitudes, as they shall cover the face of the earth, and that he can raise seven men to my one: I neither trust in Strangers, nor desire their confederacy, nor will I invoke their aid, Unless, which God forbid, inopinata & immutabili fuero compulsus necessitate; I shall be compelled by a sudden and immutable necessity; and I believe by his Counsels ill advise he will quickly bring in such multitudes of Strangers, that he will not be able to free the Kingdom of them again; for I have learned from credible men, that the Bishop of Winchester is bound to the Emperor, that the will make the Kingdom of England subject to him; which God in his providence avert. And whereas they say, That I may confide in the King and his Counsel, because the King is merciful, credible, etc. It may well be that the King is merciful; but he is seduced be the Counsel of those, by whom we feel ourselves much hurt; and he is Noble and credible (whom God long preserve so) as much as in him lies; but as for his Counsel, I say, that no one promise made to me, was ever yet kept, and they have violated many corporal Oaths made to me, and the Oaths they took for observing Magna Charta, for which they remain excommunicate and perjured. Yea, they are e●jured concerning the faithful Counsel which they have sworn to give to our Lord the King, when as they have wilfully given him the Counsel of Achitophel, against justice; and corrupted the just Laws they have sworn to keep, and introduced unusual ones: for which, and for many other things, for which neither God nor man ought to trust them, or their complices, are they not every one excommunicated? Rumour de veteri faciet ventura timeri: Cras poterunt fieri ●urpia sicut heri. Faelix quem faciunt aliena pericula cautum. Whereas the said Counsellors of the King say, that I invaded the King's body at Gorsmund Castle, before the King had entered my Land; and so I did injury to the King, for which I ought to implore his mercy, lest others should take example thence to raise up Arms against the King. I answer, that I was not there in person; and if any of my Family were there by chance, they invaded only the Family of the King, not the person of the King: which yet if they had done, it were no wonder, seeing the king came with his Army into my Land, that he might invade me, and oppress me by all the means he could, which may appear to all by the tenor of his Letters, by which he made a general assembly throughout England against my Army. And since the premises objected against me are false, and it is true, that the King hath treated me worse since the time I expected his mercy, than any time before, and doth yet use the same Counsel as then; and since he endeavours precisely to follow their Counsels in all things, by whose advice I suffer all the premised grievances; I ought not to prostitute myself to his mercy. Neither would this be for the King's honour, that I should consent unto his will, which is not grounded upon reason. Yea, I should do an injury to him, and to justice, which he ought to use towards his Subjects, and to maintain. And I should give an ill example to all, by deserting justice, and the prosecution of right, for an erroneous will against all justice, and the injury of the Subjects: For by this it would appear, that we loved our worldly possessions, more than justice itself. And whereas the King's Counselors object, that we have combined with the King's capital enemies, namely, the French, Scots, Welsh, out of hatred and damage to king and kingdom: That of the French is altogether false, and that of the Scots and Welsh too; excepting the king of Scots, and Leoline Prince of North-wales; who were not the king's enemies, but faithful friends, until by injuries offered them by the King and his Counsel, they were by coercion against their wills, alienated from their fidelity, as I am. And for this cause I am confederated with them, that we may the better being united, then separated, regain and defend our rights, of which we are unjustly deprived, and in a great part spoiled. Whereas the King's Counsel propose, that I ought not to confide in my Confederates, because the King, without any great hurt to his Land, can easily separate them from my friendship: Of this I make no great doubt, but by this the iniquity of his Counsellors doth most of all appear: that in some sort they would cause the King to sustain loss, by those whom he specially calls, capital enemies, to injure me who have always been his faithful Subject, whiles I remained with him, and yet would be so, if he would restore to me and my friends our right. Whereas the said Counsellors say, that the Pope and Church of Rome, do specially love the King and kingdom, and will Excommunicate all his adversaries, which thing is even at the doors, because they have already sent for a Legate: It pleaseth me well, said the Marshal; because the more they love the King and kingdom, by so much the more will they desire that the King should treat his Realm and Subjects, according to justice: And I am well pleased they should excommunicate the adversaries of the Kingdom, because they are those who give Counsel against justice, whom works will manifest; because justice and Peace have kissed each other; and because of this, where justice is corrupted, Peace is likewise violated. Also I am pleased that a Legate is coming, because the more discreet men shall hear our justice, by so much the more vilely shall the adversaries of justice be confounded. In which notable discourse we see the lawfulness of a necessary defensive War yielded and justified both by the King, his Counsel, and the Earl Martial, as well against the King himself, if he invade his Subjects first, as any of his Forces who assist him. After which the Marshal flew many of his Enemies by an Ambuf●ado, while they thought to surprise him, and wasted and spoiled their goods, houses, lands; observing this general laudable rule which they made, to do no hurt, nor ill to any one, but to the King's evil Counsellors by whom they were banished, whose goods, houses, woods, Orchards, they spoilt, burnt, and rooted up. The King remaining at Gloucester, heard of these proceedings of the Marshal, but his forces being too weak, he durst not encounter him, but retired to Winchester with Bishop Peter, confounded with over much shame, leaving that Country to be wasted by his adversaries; where innumerable carcases of those there slain lay naked and unburied in the ways, being food to the beasts and birds of prey: a sad spectacle to passengers, which so corrupted the air, that it infected and killed many who were healthy. Yet the King's heart was so hardened, by the wicked council he followed, against the Marshal, that the Bishops admonishing him to make peace with him, WHO FOUGHT FOR JUSTISE: he answered, that he would never make peace with him, unless coming with an halter about his neck and acknowledging himself to be a Traitor, he would implore his mercy. The Marshal both in England and I●eland; professed that he was no Traitor; that his war being but defensive, was just; immutabiliter affirmans, quod 〈◊〉 sibi de j●re quod suum erat re●etere, & posse Regis & Co●sil orum sicorum, modis omnibus quibus poterat, infirmare. r Page 966. 967. Daniel. p. 178. William Roshanger in his continuation of Matthew Paris, speaking of the death of Simon Monfort Earl of Leycester, slain in the Battle of Ev●sham, the greatest Pillar of the Barons wars; useth this expression. Thus this magnificent Earl Simon, ended his labours, who not only bestowed his estate but his pe●son also, for releiefe of the oppression of the poor, for the asserting of justice, and the right of the Realm: he was commendably skilful in learning, a daily frequenter of divine Offices, constant in word, severe in countenance, most confiding in the prayers of Religious persons, always very respectful to Ec●lesiasticall persons. He earnestly adheared to Robert Grosthead Bishop of Lincoln, and committed his children to his education. By his advice he handled difficult things, attempted doubtful things, concluded things begun, specially such things whereby he thought he might gain desert. Which Bishop was said to have enjoined him, as he would obtain remission of his sins, that he should undertake this cause for which he contended even unto death, affirming, that the peace of the Church of England could never be established, but by th● material sword and constantly averting; THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOM. Some say that this Bishop on a time, laying his hand on the head of the Earls eldest son, said unto him. O most dear son, thou and thy father shall both die on one day, and with one hand of death; YET FOR JUSTICE AND TRUTH. Fame reports that Simon after his death grew famous by many miracles, which for fear of the King came not in public.; Thus this Historian, thus Robert Grosthead the most devout and learned Bishop of that age, (who most of any opposed the Pope's Usurpations and exactions) determine of the justice and lawfulness of the Baron's Wars; Walter Bishop of Worcester concurring in the same opinion with Grosthead. The same s Page. 970. author Rishanger records; that the Earl of Gloucester, a great stickler in these wars against the king with whom at last he accorded; signified to the King by his Letters Patents under his seal, that he would never ●eure Arms against the King his Lord, nor against his Son Prince Edward, NISI DEFENDO; but onel● in his Defence: which the King and Prince accepting of, clearly proves; that defensive Arms against King or Prince were in that age generally reputed Lawful, by King Prince, Prelates, Nobles, People. I may likewise add to this what I read in t An. ● 265 p. 336. Matthew Westminster, that Richard Bishop of Chichester the day before the battle of Lewis against King Henry and his son (who were taken prisoners in it by the Barons and 20000. of their Soldiers slain;) absolved all that went to fight against the King their Lord from all their sins. Such confidence had he of the goodness of the cause and justness of the war. In one word, the r Mat. Par. p. 95●. 953. Speed, p 636. Dan. p. 178. oath of association prescribed by the Barons to the King of Romans, brother to King Henry the third, in the 43. year of his Reign; Hear all men, that I Richard Earl of Cornwall, do here swear upon the holy Evangelists, that I shall be faithful, and diligent to reform with you the Kingdom of England, hitherto by the council of wicked persons overmuch disordered: and be an effectual Coadjutor TO EXPEL THE REBELS, and disturbers of the same. And this Oath I will inviolaby observe, under pa●ne of losing all the lands I have in England: So help me God. Which Oath all the Barons and their associates took, (by virtue whereof they took up arms against the King's ill Councillors, and himself when he joined with them,) sufficiently demonstrate their public opinions and judgements of the lawfulness, the justness of their wars; and of all other necessary defensive arms, taken up by the Kingdom's general assent for preservation of its Laws, Liberties, and suppression of those Rebels, and ill Councillors who fight against, or labour to subvert them by their policies. x W●lsing. Hist. Angl. p. 70 to 75. Ypodigma Neustr. An. 1309. 1310 Dan. Holinsh. Graf. Speed, Fab Sto● and others in his life: Fox Acts and Monuments, Ed●t. ult vol. 1. p. 480. 481. In the third year of King Edward the 2d, this king revoking his great Minion Piers Gav●ston, newly banished by the Parliament into Ireland, and admitting him into as great favour as before, contrary to his oath and promise: the Barons hereupon by common consent sent the King word; that he should banish Piers from his company according to his agreement, or else they would certainly rise up against him as a perjured person. Upon which the King much terrified suffers Piers to abjure the Realm; who returning again soon after to the Court at York; where the king entertained him; the Lords spiritual and temporal, to preserve the liberties of the Church and Realm, sent an honourable message to the King, to deliver Piers into their hands, or banish him, for the preservation of the peace, Treasure and weal of the Kingdom; this wilful King denies their just request; whereupon the Lords thus contemned and deluded, raifed an army, and march with all speed towards Newcastle, NOT TO OFFER INIURIE OR MOLESTATION TO THE KING, but to apprehend Peirs, and judge him according to Law: upon this the King fleeth together with Peirs to Tinemouth, and from thence to Scarborough Castle, where Piers is forced to render himself to the Barons, who at Warwick Castle, (without any legal trial by mere martial Law) beheaded him, as a subvertor of the Laws, and an OPEN TRAITOR TO THE KINGDOM. For which facts this King afterwards reprehending and accusing the Lords in Parliament, in the 7th year of his Reign; they stoutly answered, THAT THEY HAD NOT OFFENDED IN ANY ONE POINT, BV● DESERVED HIS ROYAL FAVOUR, for they HAD NOT GATHERED FORCE AGAINST HIM (though he were in Piers his company, assisted, countenanced, and fled with him) BUT AGAINST THE PUBLIC ENEMY OF THE REALM: Whereupon there were two acts of oblivion passed by the King, Lords and Commons assembled in that Parliament, (Printed in the y F. 43. 44: 2d Part of old Magna Charta:) The first, that no person (on the King's part) should be questioned, molested, impeached, imprisoned, and brought to judgement, for causing Pierce to return from Exile, or barboring, councelling or aiding him bear after his return: The second on the Baron's part, in these words: It is provided by the King, and by the Archbishops, Bishops, Abbots, Priors, Earls, Barons and Commons, of the Realm, assembled according to our Command, and unun mously assented and accorded, that none of what estate or condition soever he be, shall in time, t● come be appealed or challenged, for the apprehending, detaining, or death of Peirsde Gaveston, nor shall for the said death be apprehended▪ nor imprisoned, impeached, molested, nor grieved, nor judgement given against him by us, nor by others at our suit, nor at the suit of any other, either in the King's Court or elsewhere. Which act the King by his Writ, sent to the judges of the King's Bench, commanding that t●is grant and concord shall be firm and stable i● all its points, and that every of them should be held, and kept in per petuitie; to which end he commands them to cause this act to be there enrolled, and firmly kept for ever. A pregnant evidence that the Barons taking up Arms then against this Traitor and enemy of the Realm, in pursuance of the Act and sentence of Parliament for his banishment, though the King were in his company, and assisted him all he might, was then both by King and Parliament, adjudged no Treason, nor Rebellion at all in point of Law, but a just & honourable action: Wherefore their taking up Arms is not mentioned in this Act of oblivion, seeing they all held it just, but their putting Peers to death, without legal trial; which in strictness of Law, could not be justified. Now whether this be not the Parliaments and kingdoms present case in point of Law (who took up arms principally at first, for defence of their own Privileges of Parliament, and apprehension of delinquents who seducing the king withdrew him from the Parliament, and caused him to raise an Army to shelter themselves under its power against the Parliament) let every reasonable man determine: and if it be so, we see this ancient Act of Parliament resolves it, to be no high Treason, nor Rebellion, nor offence against the King; but a just, lawful act, for the kings, the kingdom's honour and safety. Not long after this, the two z Walsing. Holinsh. Fab. Graf. Stow, Speed, Daniel in his life. Spensers getting into the king's favour, and seducing, miscouncelling him as much as Gaveston did; the Lords and Barons hereupon in the 14th and 15th years of his reign, confederated together, to live and die for justice, and to their power to destroy the TRAITORS OF THE REALM, Especially the two Spensers: after which they raised an Army, whereof they made Thomas Earl of Lancaster General; and meeting at Sherborne, they plunder and destroy the Spensers' Castles, Manors▪ Houses, Friends, Servants, and marching to Saint Albans with Ensigns displayed, sent Messengers to the King then at London, admonishing him not only to rid his Court but Kingdom, if the TRAITORS TO THE REALM, the Spensers, (condemned by the Commons in many Articles) to preserve the peace of the Realm; and to grant them and all their followers Letter's Patents of indemnity, for what they had formerly done. Which the King at first denied but afterwards this Army marching up to London, where they were received by the City, he yielded to it, and in the 15th year of his Reign by a special Act of Parliament the said Spensers were disinherited and banished the Realm (for miscouncelling the king, oppressing the people by injustice, advising him to lovie war upon his Subjects, making evil judges and other Officers to the hurt of the King and Kingdom, engrossing the King's ear, and usurping his Royal authority) as ENEMIES of the King and OF HIS PEOPLE: and by another Act of Parliament, it was then provided, that no man should be questioned for any felonies or trespasses committed in the prosecution of Hugh●e de Sponsors the father and son; which Act runs thus? Whereas of late many great men of the Realm surmised to Sir Hugh le Despenser the son and Father, many misdemeanours by them committed against the estate of our Lord the King and of his Crown, and to the disinheritance of the great men and destruction of the people, and pursued those misdemeanours and attainder of them by force, because they could not be attainted by process of Law, because that the said Sir Hughes had accroached to them the royal power in divers manner: the said Grandees having mutually bound themselves by oath in writing, without the advice of our Lord the King; and after in pursuing the said Hugh and Hugh, and their allies and adherents, the said great men and others, riding with banners displayed, having in them the Arms of the king and their own; did take and occupy the Chattels, Villages, Manors; Lands, Tenements, Goods, and likewise take and imprison some of the King's liege people and others, took some and slew others, and did many other things, in destroying the said Hugh and Hugh, and their allies, and others in England, Wales, and in the Marches, whereof some things may be said Trespasses, and others felonies: and the said Hugh and Hugh, in the Parliament of our Lord the King, summoned at Westminster three weeks after the Nativity of Saint john Baptist the 15. year of his Reign, for the said misdemeanours were fore judged and banished the Realm, by a vote of the Peers of the Land; and the foresaid great men in the said Parliament, showed to our Lord the King, that the things done in the pursuit of the said Hugh and Hugh, by reason of such causes of necessity, cannot be legally redressed or punished without causing great trouble, or perchance war in the land, which shall be worse; and prayed our Lord, that of all alliances, trespasses and felonies they might be for ever acquitted, for the preservation of peace, the avoiding of war, and assuaging of angers and rancours, and to make unity in the land; and that our Lord the King may more entirely have the hearts and Wills of the great men and of his people, to maintain and defend his Lands, and to make war upon and grieve his enemies. It is accorded and agreed in the said Parliament by our Lord the King, and by the Prelates, Earls, Barons, and Commons of the Realm there assembled by command of our Lord the King, that none of what estate or condition soever he be for alliance, at what time soever made, by deed, oath, writing, or in other manner, nor for the taking, occupying, or detainer of Chattels, towns, Manors, Lands, Tenements, and goods taken, imprisoning or ransoming the King's liege People, or of other homicides, robberies, felonies, or other things which may be noted as trespasses or felonies committed against the peace of the king by the said great men, their allies, or adherents in the pursuit aforesaid, since the first day of March last passed, till the thursday next after the feast of the assumption of our Lady, to wit, the 19 day of August next ensuing, be appealed, nor challenged, taken nor imprisoned, nor grieved, nor drawn into judgement by the King, nor any other at the suit of any other which shall be in the King's Court or in any place else; but that all such trespasses and Felonies shall be discharged by this accord and assent: saving always to all men, but to the said Hugh and Hugh, action and reason to have and recover their Chattels, Farms, manors, Lands, tenements, wards and marriages according to the Laws and customs used in the Realm, without punishment against the king, or damages recovered against the party for the time aforesaid. For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it, which every one that would might sue out, which Charter you may read in old Magna Charta. From which Act of Parliament I shall observe these three things. First, that this their taking up Arms to apprehend the Sp●●se●s as enemies to the King and kingdom, and marching with banners displayed, was not then reputed high Treason or Rebellion against the King, though it were by way of offence, not of defence, and without any authority of Parliament: for there is not one word of Treason or Rebellion in this Act, or in the Charter of pardon pursuing it: and if it had been high Treason, this Act and Charters on it extending only to Felony and Trespasses not to Treasons and Rebellions, would b Dyer's. 50. pl. 4. Cook, l. 6. f. 13. Stamford. f. 2. not have pardoned these transcendent Capital crimes. Secondly, that the unlawful outrages, robberies, and murders committed by the soldiers on the king's liege people, and not on the two Spensers the sole delinquents, were the occasion of this Act of oblivion and pardon, not the Armed pursuing of them, when they had gotten above the reach of Law. Thirdly, that though this were an offensive not defensive war, made without common assent of Parliament, and many murders, robberies, and misdemeanours committed in the prosecution of it upon the king's liege people who were no Delinquents; yet being for the common good to suppress and banish these ill Councillors, enemies, Traitors to King and Kingdom, the King and Parliament though it such a public service as merited a pardon of these misdemeanours in the carriage of it, and acquitted all who were parties to it, from all suits and punishments. All which considered, is a clear demonstration, that they would have resolved our present defensive war, by Authority of both Houses, accompanied with no such outrages as these; for the apprehension of such as have been voted Traitors and Delinquents by Parliament, and stand out in contempt against its justice, for the defence of the Privileges and Members of Parliament, the Liberties and properties of the subject, the fundamental laws of the Realm, the Protestant Religion now endangered by Papists up in Arms in England and Ireland to extirpate it, and the removing ill Counsellors from his Majesty; to be no high Treason, Rebellion or offence at all against the king, but a just and lawful Act, the very miscarriages whereof in the general (except in such disorderly Soldiers for whom martial Law hath provided due punishments) deserve a public pardon both from King and Kingdom. And to put this out of Question; as no fancy of mine own, we have an express Act of Parliament, resolving the taking up of Arms by the Queen, Prince, (both but subjects and capable of High Treason in such a case as well as others) the Nobles and people of the Realm against these two Spensers and other ill Counsellors about this king in the last year of his reign, (though the King himself were in their Company, and taken prisoner by the Forces raised against them,) for the necessary preservation, relief, and safety of the Queen, Prince, Nobles, Kingdom, to be no high Treason nor offence at all: namely, the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large. Whereas Hugh Spenser the Father, and Hugh Spenser the Son, late at the suit of Thomas then Earl of Lancaster and Leycester, and Steward of England, by the common assent and vote of the Peers and Commons of the Realm, and by the assent of King Edward Father to our Sovereign Lord the King, that now is, AS TRAITORS & ENEMIES OF THE KING, & OF THE REALM, were Exled, disinherited and banished out of the Realm for ever. And afterward the same Hugh by evil Council, which the king had about him, without the assent of the Peers and Commons of the Realm, came again into the Realm: and they with other pro●●cured the said king to pursue the said Earl of Lancaster, and other great men and people of the Realm, in which pursuit the said Earl of Lancaster and other great men and people of the Realm, were willingly dead and disinherited, and some outlawed, banished, and disinherited; and some disinherited and imprisoned, and some ransommed and disherited: and after such mischief the said Hugh and Hugh Master Rob●rt Baldock and Edmo●d Earl of Arundel usurped to them the Royal power, so that the king nothing did, nor would do, but as the said Hugh and Hugh, Robert and Edmond Earl of Arundel did council him, were it never so great wrong▪ during which usurpation, by duresse and force against the Will of the Commons, they purchased Lands, as well by fines levied in the Court of the said Edward, as otherwise and whereas after the death of the said Earl of Lancaster, and other great men, our Sovereign Lord the King that now is, and Dame Isabel Queen of England, his Mother, by the Kings will and Common Council of the Realm, went over to Franc●, to treat of peace between the two Realms of England and France, upon certain debates then moved. The said Hugh and Hugh, Robert and Edmond Earl of Arundel continuing in their mischief, encouraged the king against our Sovereign Lord the king that now is, his son, and the said Queen his wife, and by royal power which they had to them encroached, as afore is said, procured so much grievance by the assent of the said King Edward, to our Sovereign Lord the King that now is, and the Queen his mother, being in so great jeopardy of themselves in a strange Country, and seeing the Destruction, Damage, Oppressions, and Distractions which were notoriously done in the Realm of England, upon holy Church, Prelates, Earls Barons, and other great men, and the Commonalty by the said Hugh and Hugh, Robert and Edmond Earl of Arundel by the encroaching of the said royal power to them, to take as good Council therein as they might. And seeing they might not remedy the same unless they came into England, with an Army of men of war; and by the Grace of God with such puissance, and with the help of great men and Commons of the Realm, they have vanquished and destroyed the said Hugh and Hugh, Robert and Edmond: Wherefore our Sovereign Lord King Edward that now is, at his Parliament holden at Westminster, at the time of his Coronation, the morrow after Candlemas, in the first year of his reign, upon certain Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed, by the common council of the Prelates, Earls, Barons, and other great men, and by the Commonalty of the Realm, there being by his Commandment, hath provided, ordained and established in form following. First, that no great man, or other of what estate, dignity, or condition he be, that came with the said king that now is, and with the Queen his mother into the Realm of England, and none other dwelling in England, who came with the said king that now is, N●●a. and with the Queen, In aid of them to pursue their said enemies in which pursuit the King his Fat●er was taken and put in ward, and yet remaineth in ward, shall not be molested impeached or grieved in person or goods, in the king's Court, or other Court, for the pursuit of the said king, taking and with holding of his body, nor pursuit of any other, nor taking of their persons, goods, nor death of any man, or any other things perpetrate or committed in the said pursuit, from the day the said king and Queen did arm, till the day of the Coronation of the same king: and it is not the king's mind, that such offenders that committed my trespass or other offence out of the pursuites should go quit, or have advantage of this statute, but they shall be at their answer for the same at the Law. Item, that the repeal of the said Exile which was made by Dures and force be anulled for evermore, and the said Exile made by award of the Peers and Commons, by the king's assent as before is said, shall stand in his strength in all points, after the tenure of every particular therein contained. Item, that the Executors of the Testament of all those that were of the same quarrel dead, shall have actions and recover the Goods and Chattels of them, being of the said quarrel, whose executors they be; as they of the same quarrel should, etc. Certainly here was an higher pursuit and levying war against the King and his evil Councillors, than any yet attempted by this Parliament; and a war rather offensive, then defensive, in which the king himself was both taken and detained Prisoner, and then forced to resign his Crown to his son; yet this is here justified, as a necessary, just and lawful war by an Act of Parliament, never yet repealed; and all that bare Arms against the king and his ill Councillors, yea they who pursued, apprehended, and imprisoned the king himself, are, as to this particular, discharged by the king, and whole Parliament from all manner of guilt, or punishment, or prosecution whatsoever against them. Which consideration mak●s me somewhat confident, that this King and the Parliament held in the 25. year of his Reign, ch. 2. Which declares it high Treason, to levy war against the King in his Realm●, did never intend it of a necessary defensive war against a seduced King and his evil Councillors (especially by the Votes of both Houses of Parliament, who doubtless would never pass any Act to make themselves, or their Posterity in succeeding Parliaments, Traitors, for taking up mere necessary defensive Arms for their own, and the Kingdom's preservation) for that had been diametrally contrary to this statute, made in the very first year and Parliament of this King; and would have l●yd an aspersion of High Treason upon the king himself, the Queen his Mother, their own Fathers, and many of themselves; who thus took up Arms and made a defensive kind of war upon King ●dwar● the 2d, taking him p●isoner: but only to Rebellious insurrections, of private persons, without any public authority of Parliament, or the whole Kingdom in general; and of mere offensive wars against the King without any just occasion, hostility or violence on the King's part, necessitating them to take up defensive Arms: which I humbly submit to the judgement of those grand Rabbis and Sages of the Law, and the Honourable Houses of Parliament, who are best able to resolve, and are the only judges to determine this point in controversy, by the express letter and provision of 25. Ed. 3. ch. 2. of Treasons. In the c Walsing Hist. Angl p. 213 See Holinsh. Speed. Trisse● l in Rich. 2 and Cambdens Britania, of the British Is. lands, p. 2●4. first year of king Richard the 2d. john Mercer a Scot, with a Navy of Spanish, Scottish & French ships much infested the Merchants and Coasts of England ●aking many prizes without any care taken by the king, Lords, or Council to resist them. Whereupon john Philpot a rich Merchant of London, diligently considering the defect, that I say not treachery of the Duke of I ancaster, and other Lords who ought to defend the Realm, and grieving to see the oppressions of the people, did at his proper charge hire a thousand soldiers and set out a fleet, to take the said Mercer's ships, with the goods he had gotten by Piracy, and defend the Realm of England from such incursions: who in a short time took Mercer prisoner, with 15. Spanish ships, and all the Booties he had gained from the English: whereat all the people rejoiced exceedingly, commending and extolling Philpot for the great love he showed to his Country, and casting out some reproachful words against the Nobles and King's council who had the rule of the kingdom and neglected its defence: Whereupon the Nobility, Earls and Barons of the Realm, conscious of this their negligence, and envying Philpot for this his Noble praiseworthy action, began not only secretly to lay snares for him, but openly to reproach him, saying: That it was not lawful for him to do such things without the advice or council of the King and Kingdom: quasi non licuisset benefacere Regi VEL REGNO sine consilio Comitum & Baronum: (writes Walsingham) as if it were not lawful to do good to the King or Kingdom, without the advice of the Earls and Barons, or Lords of the Privy Council. To whom objecting these things, and especially to Hugh Earl of Stafford, who was the chief Prolocutor and spoke most against it, john Philpot gave this answer: Know for certain, that I have destinated my money, ships, and men to sea to this end, not that I might deprive you of the good name and honour of your Militia, or warlike actions, and engross it to myself, but pitying the misery of my Nation and Country, which now by your slothfulness, of a most Noble kingdom, and Lady of Nations, is devolved into so great misery, that it lieth open to the pillage of every one of the vilest Nations, seeing there is none of you, who will put your hand to its defence. I have exposed me and mine therefore for the Salvation of my proper Nation, and freeing of my Country. To which the Earl and others had not a word to reply. From this memorable history and discourse (which I have translated verbatim ●ut of Walsingham,) I conceive it most evident, that in the default of king and Nobles, it is lawful for the Commons and every particular subject without any Commission from the king or his Council, in times of imminent danger, to take up Arms and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies; as Philpot did, without offence or crime. Then much more may the Houses of Parliament, the representative body of the whole kingdom, and all private Subjects by their Command, take up necessary defensive Arms against the king's Popish and Malignant Forces to preserve the king, Kingdom, Parliament, People from spoil, and ruin. In c Walsin. hist. Angl p 341. the 8. year of King Richard the 2d. there arose a great difference between the Duke of Lancaster, & the king & his young complices, who conspired the Duke's death; agreeing suddenly to arrest and arraign him before Robert Trisilian Chief justice, who boldly promised to pass sentence against him, according to the quality of the crimes objected to him. Upon this the Duke having private intelligence of the●r treachery, to provide for his own safety, wisely withdrew himself, and posted to his Castleat Ponfract, storing it with Arms and Victuals. Hereupon not only a private but public discord was like to ensue; but by the great mediation and pains of jone the king's mother, an accord and peace was made between them: and this defence of the Duke by fortifying his Castle with Arms against the King and his ill instruments for his own just preservation, held no crime. If such a defence than were held just and lawful in one particular Subject and Peer of the land only, much more must it be so in both Houses of Parliament, and the Kingdom, in case the King's Forces invade them. In the e Walsing. Hist. Ang. p. 358, to 367. Polyc. Fab. Speed, Graft. Holin. Howes, Trussel. in 10. & 11 R. 2. 11. R. 2. c. 1. to 7. 10th year of King Richard the second this unconstant king being instigated by Michael de la Pole, Robert Vcere Duke of Ireland, Alexander Nevil Archbishop of York, Robert Trysilian, and other ill Councillors and Traitors to the kingdom, endeavoured to seize upon the Duke of Gloucester, the Earls of Arundel, Warwick, Derby, Nottingham, and others who were faithful to the kingdom, and to put them to death, having caused them first to be indicted of High Treason at Nottingham Castle, and hired many Soldiers to surprise them: Hereupon these Lords for their own just defence, raised Forces and met at Harynggye Park with a numerous Army: whereat the King being much perplexed, advised what was best for him to do. The Archbishop of York and others of his ill Council, advised him to go forth and give them battle▪ but his wisest councillors dissuaded him, affirming, that the King should gain no benefit if he vanquished them, and should sustain great dishonour and loss if he were conquered by them. In the mean time Hugh Linne an old Soldier, who had lost his senses, and was reputed a fool, coming in to the Council, the King demanded of him in jest, what he should do against the Nobles met together in the said Park? who answered; Let us go forth and assault them, and slay every mother's son of them, and by the eyes of God, this being finished, THOU HAST SLAIN ALL THE FAITHFUL FRIENDS THOU HAST IN THE KINGDOM. Which answer, though uttered foolishly; yet wise men did most of all consider. At last is was resolved by the mediators of Peace, that the Lords should meet the King at Westminster, and there receive an answer to the things for which they took Arms; thither they came strongly Armed with a great guard, for fear of ambuseadoes to entrap them: where the Chancellor in the King's name spoke thus to them. My Lords, our Lord the King hearing that you were lately assembled at Harenggye Park in an unusual manner; would not rush upon you as he m●ght have easily done, had he not had care of you, and those who were with you: because no man can doubt, if he had raised an Army, he would have had many more men than you, and perchance much ● lood of men had been spilt, which the King doth most of all abhor, and therefore assuming to himself patience and mildness, he hath made choice to convent you peaceably, and to tell him the reason why you have assembled so many men. To which the Lords answered, That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOM; AND THAT THEY MIGHT PULL AWAY THOSE TRAITORS FROM HIM, WHICH HE CONTINVALLY DETAINED WITH HIM. T●e Traitors they appealed were the foresaid ill Councillors, and Nicholas Brambre the false London Knight: and to prove this appeal of them true, casting down their gloves they said they would prosecute it by Duel: The King answered; This shall not be done now, but in the next Parliament, which we appoint to be the morrow after the Purification of the blessed Virgin, to which as well you as they coming, shall receive satisfaction in all things according to Law. The Lords for their own safety kept together till the Parliament, and in the mean time defeated the Forces of the Duke of Ireland, raised privately by the Kings Command to surprise them. The Parliament coming on in the 11. year of Richard the second: these ill councillors were therein, by special Acts attainted, condemned of High Treason, and some of them executed; and these defensive Arms of the Lords, for their own and the Kingdom's safety, adjudged and declared to be no Treason: but a thing done to the honour of God, and Salvation of the King and his Realm: witness the express words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe. Our Sovereign Lord the King amongst other Petitions and requests to him made by the Commons of his said Realm in the said Parliament, hath received one Petition in the form following. The Commons prayed, that whereas the last Parliament for cause of the great and horrible mischiefs and perils which another time were fallen BY EVIL GOVERNANCE WHICH WAS ABOUT THE KING'S PERSON, by all his time before by Alexander late Archbishop of York, Robert de Veer late Duke of Ireland, Michael de la Pole late Earl of Suffolk, Rober Trisilian, late justice, and Nicholas Brambre Knight, with other their adherents, and others, Whereby the King and all his Realm, were very nigh to have been wholly undone and destroyed; and for this cause, and to eschew such perils and mischiefs for the time to come a certain statute was made in the same Parliament, with a Commission to divers Lords, for the weal, honour and safeguard of the King, his regalty and of all the Realm, the tenor of which Commission hereafter followeth: Richard, etc. as in the Act. And thereupon the said Alexander, Robert, Mighill, Robert, and Nicholas and their said adherents, seeing that their said evil governance should be perceived, and they by the same cause more likely to be punished by good justice to be done, and also their evil deeds and purposes before used to be disturbed by the said Lords assigned by commission as afore; made, conspired, & purposed divers horrible Treasons, and evils against the King, and the said Lords so assigned, and against all the other Lords and Commons, which were assenting to the making of the said Ordinance and Commission, in destruction of the king, his Regalty, and all his Realm. Whereupon Thomas Duke of Gloucester the king's Uncle, Richard Earl of Arundle, and Thomas Earl of Warwick, perceiving the evil purpose of the said Traitors, did assemble themselves in forcible manner for the safety of their persons, to show and declare the said Treasons and evil purposes, and thereof to set remedy; as God would, and came to the King's presence, affirming against the said 5. Traitors appealed of High Treason, by them done to the King, and to his Realm: upon which appeal the king our Sovereign Lord, adjourned the said parties till this present Parliament, and did take them into his safe protection, as in the record made upon the same appeal fully appeareth. And afterwards in gre●t Rebellion, and against the said protection, the said Traitors, with their said adherents and others aforesaid, continuing their evil purpose, some of them assembled a great power (by letters and Commission from the King himself, as Walsingham and others write) to have destroyed the said Duke and Earls appellants, and other the kings lawful liege people, and to accomplish their Treasons and evil purposes aforesaid. Whereupon the said Duke of Gloucester, Henry Earl of Derby, the said Earls of Arundel and Warwick, and Thomas Earl Martial, Seeing the open Destruction of the King and all his Realm, if the said evil purposed Traitors and their adherents, were not disturbed, which might not otherwise have been done, but with strong hand; for the weal and safeguard of the King our Sovereign Lord, and of all his Realm, did assemble them forcibly, and road and pursued till they had disturbed the said power gathered by the said Traitors, and their adherents aforesaid, which five Traitors be attainted this present Parliament of the Treasons and evils aforesaid, at the suit and appeal of the said Duke of Gloucester, Earls of Derby, Arundle, Warwick, and Martial. That it would please our redoubled Sovereign Lord the King to accept, approve, and affirm, in this present Parliament, all that was done in the last as afore, and as much as hath been done since the last Parliament by force of the statute, Ordinance, or Commission aforesaid; and also All that the said Duke of Gloc●ster Earls of Arun●ell and Warwick did; and that the same Duke and Earls, and the said Earls of Derby, and Marshal or any of them did, Or any other of their company or of their aid, or of their adherents, or of any of them, or touching the Assemblies, Ridings, Appeals, and Pursuites aforesaid, ● As a thing made to the Honour of God, Salvation of the King, maintenance of his Crown, and also of the Salvation of all his Realm (therefore doubtless no Treason Rebellion, nor any offence in point of Law:) and also to Or 〈◊〉 and Establish, that ' the said Duke of Gl●c●ster, Earls of Derby, Arundel, W●rwicke and Martial, nor none of them, nor none of such as have been of their return, or company, force, aid or council, or any of them in the things aforesaid, nor none other person for any thing aforesaid shall be impeached, molested, or grieved at the suit of the king, nor of the party, nor in other manner, because of any assembly, riding, beating, levying of Pennons, or of Banners, discomfiture, death of a man, imprisonment of any person, taking, leading away, or detinue of any horses or of any other beasts, taking or carriage of goods, harness, armour, cattle, and other movable goods, breaking of houses, or of other possessions or goods, assault, battery, robberies, thefts, coming or tarrying with force and arms, or armed in the King's presence at the Parliament, or Council, or else where. Raising of people, or exciting the people to rise forcibly against the peace by letters, commissions, or any other deeds, or of any other thing that may be surmised by them, or any of them, or aught or purposed to have been done from the beginning of the world, touching any of the said matters before the end of this present Parliament by any imagination, interpretation, or other colour, but shall be quit and discharged for ever: except that the King be answered of all the goods, and cattles that were to them which be attainted in this present Parliament, or to any of them, and which goods and things were taken by any person the first day of january last passed, or after hitherto. We considering the matter of the said Petition to be true, and the request of the said Commons in this party * Nota. to be to the honour of God, and the profit of us and our Realm, of the assent of the Prelates, Dukes, Earls, Barrors and all others of this present Parliament, do garnt the requests of the said Commons in all points, after the form of the said Petition. And moreover of the assent aforesaid, we will and grant for the greater quietness of our said Realm, though that the said Duke or Earls appellants, or any other of their company, retinue, force, aid, council or adherents, or any of them have taken, led away, or withholden any of our justicers, or any other of our ministers, in disturbance of execution of the Law of our Realm of England, or in other manner, or that they have taken any manner of person as Traitors to Us or to our Realm, or other person, and the same have voluntarily suffered to go at large, or escape beyond the sea from the 14th day of Novemb. last past, till the end of this present Parliament; that they nor any of them be for this cause impeached, molested, nor grieved any manner of way at the suit of us, our heirs, nor none other party, but thereof they shall be quit, and discharged for ever; nor that they nor any of them be in any wise molested, grieved, nor impeached at the suit of us, our heirs, or other party for any thing done at any time for to a ta'en to their purpose against the said appealers or any of them, or against any other person for this cause, nor for any other thing or deed to affirm the same purposes, till the end of this present Parliament, but thereof shall be acquitted.; This Act with others made the same Parliament continued inviolable without dispute for 10. year's space, during which there were 8. more Parliaments held which approved in but it: 21 R. 2. the King having f See Walsingh. Holensh. Graft. Speed, Stow, Trusselt. in 21. R 2. & 21 R c. 16: 17 18. 19 But especially ca 20. will manifest the unjustness of this unlawful packed conventicle if I may so call it. violently seized upon the Duke of Gloucester & the Earls of Warwick and Arundel, and packed a Parliament to his mind, by not summoning any Lords thereto but those of his party, by causing divers Knights and Burgesses of his own nomination, never chosen by the people, to be returned in divers places, and overawing the rest with a guard or 4000 Cheshire Archers, caused these Lords to be illegally attainted of Treason upon feigned pretences, out of this old grudge, and the Acts of this Parliament to be reversed; yet not this Act, as I conceive, which is part of it, being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed, reversed, revoked, voided, undone and annulled for ever, with all the Acts, circumstances, and dependants thereof: and this Parliament of 11. R. 2. Enacted to be firmly holden and kept after the purport and effect of the same; as a thing made for the great Honour and common profit of the Realm, and ch. 5. It is ordained and assented, that the Lords and other which were forejudged in the Parliament holden the said 21. year, or by Authority of the same, which now be in life, and the heirs of the Lords and others that be dead, shall be wholly restitute and restored to their names, all manner of inheritaments and possessions, reversions, fees, reversions, offices, liberties, and franchises as entirely as the said Lords and others which be in life, or the Lords and other which be dead, ancestors of the heirs, or the feoff●es of the said Lords or other aforesaid, or other feoffees to their use, were at the time of the judgement given against them, the said 21 year, by entry, without other suit thereof to be made, or livery to be had of the same. And all the goods and chattels which were the said Lords, or the other persons aforesaid so forejudged, whereof the king is not answered, and be in the hands of the Sheriffs, Escheators, or other Officers, Ministers, or any other and concealed by them, the king wills and granteth, that the same Lords and other which now be in life, and the Executors, and administrators of them that be dead; shall have thereof delivery and restitution; and that the Sheriffs, Escheators, Officers and Ministers so occupying the said goods and chattels by such concealment, be punished for the same concealment. So that by the express resolution of these two several Parliaments, these Lords and Commons taking up defensive Arms and making war against those wicked Counsellors of this King which sought their ruin, and endeavoured the destruction of the Realm (though they had the king's presence and commissions to countenance all their actions and proceedings of this nature, and the Lords wanted the Ordinances of both houses to authorise this their arming, and war) was solemnly declared and adjudged, to be no Treason nor Rebellion at all, nor levying of war against the king, within the statute of 25. E. 3. but contrariwise; a thing done to the honour of God, the Salvation of the King, (for if the Kingdom perish or miscarry, the king as king must needs perish with it) the maintenance of his Crown, (supported only by the maintenance of the kingdom's welfare) and the Salvation and common profit of all the Realm: and this being one of the first solemn judgements (if not the very first) given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war, must certainly be the best exposition of that Law: which the Pa●liament only ought to interpret, as is evident by the statute of 21. R. 2 c. 3. (It is ordained and established, that every man which, etc. or he th● raiseth the people and riseth against the King to make war within his Realm; and of h●t be duly attainted and judged in the Parliament shall be judged as a Traitor of High Treason against the Crown,) and other forecited Acts: and if this were no Treason, nor Rebellion, nor Trespass in the Barons against the king or kingdom; but a war for the honour of God, the salvation of the king, the maintenance of his Crown, the safety and common profit of ●ll the Realm; much more must our Parliaments present defensive war against his Majesty's 〈◊〉 Councillors, Papists, Malignants, Delinquents, and men of desperate fortunes, risen up in Arms against the Parliament, Laws, Religion, Liberties, the whole Kingdom's peace and welfare, be so too; being backed with the very same, and far better, greater authority, and more public reasons then their war was, in which the safety of Religion was no great ingredient, nor the preservation of a Parliament from a forced dissolution, though established and perpetuated by a public Law. King Henry the 4th. taking up Arms against King Richard, and causing him to be Articled against, and judicially deposed in and by Parliament for his Maladministration; It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spiritual nor Temporal, nor other, of what estate or condition that he be, which came with King Henry into the Realm of England, nor none other persons whatsoever they be, then dwelling within the same Realm, and which came to this King in aid of him, to pursue them which were against the King's good intent, and the COMMON PROFIT OF THE REALM, in which pursuit Richard late King of England, the second after the Conquest, was pursued taken and put in Ward, and yet remaineth in Ward, be impeached, grieved, nor vexed in person, nor in goods, in the King's Court, nor in none other Court, for the pursuites of the said King, taking and withholding of his body, nor for the pursuits of any other, taking of persons and cattles, or of the death of a man, or any other thing done in the said pursuit, from the day of the said King that now is arrived, till the day of the Coronarion of Our said Sovereign Lord Henry. And the intent of the King is not, that offenders which committed Trespasses, or other offences out of the said pursuits, without special warrant, should be aided, nor have any advantage of this Statute, but that they be thereof answerable at the Law. If those than who in this offensive War assisted Henry the 4th. to apprehend, and depose this perfidious, oppressing tyrannical king, seduced by evil Counsellors and his own innate disaffection to his natural people, deserved such an immunity of persons and goods, from all kinds of penalties, because though it tended to this ill king's deposition, yet in their intentions it was really for the common profit of the Realm, as this Act defines it. No doubt this present defensive War alone against Papists, Delinquents, and evil Counsellors, (who have miserably wasted, spoiled, sacked many places of the Realm, and fired others in a most barbarous manner, * See Albaricus Gentiles de jure Be●li lib. ● cap. 18. 20, 21. 22. 23 contrary to the Law of Arms and Nations, and labour to subvert Religion, Laws, Liberties, Parliaments, and make the Realm a common Prey) without any ill intention against his Majesty's Person, or lawful Royal Authority, deserves a greater immunity; and can in no reasonable man's judgement, be interpreted any Treason, or Rebellion against the king, or his Crown, in Law or Conscience. In g G●oston, p. 625. 6●6▪ 627 628. Hall. 32. & 33 H 6. f. 167. 168. Holinshead, Stow Speed, Fabian. the 33. year of king Henry the 6th. (a weak Prince wholly gui●ed by the Queen and Duke of Somerset, who ruled all things at their wills, under whose Government, the greatest part of France was lost;) all things went to ruin both abroad and at home; and the Queen (much against the Lords and People's minds.) preferring the Duke of Somerset to the Captain ship of Calais, the Commons and Nobility were greatly offended thereat, saying, That he had lost Normandy, and so would he do Calais. Hereupon the Duke of York, the Earls of Warwick and Salisbury, with other their adherents, raised an Army in the Marches of Wales, and Marched with it towards London, to suppress the Duke of Somerset with his Faction, and reform the Government. The king being credibly informed hereof, assembled his Host, and marching towards the Duke of York and his Forces, was encountered by them at Saint Albans, notwithstanding the king's Proclamation to keep the Peace; where in a set Battle, the Duke of Somerset, with divers Earls, and 8000. others were slain on the king's part, by the Duke of York, and his companions, and the king in a manner defeated. The Duke after this Victory obtained, remembering that he had oftentimes declared and published abroad; The only cause of this War to be, THE ADVANCEMENT OF THE PUBLIC WEAL, and TO SET THE REALM IN A MORE COMMODIOUS STATE and BETTER CONDITION; Using all lenity, mercy, and bounteousness, would not once touch or apprehend the body of King Henry, whom he might have slain, and utterly destroyed, considering that he had him in his Ward, and Governance; but with great honour and due reverence, conveyed him to London; and so to Westminster: where a Parliament being summoned and assembled soon after; It was therein Enacted, That no person should either judge or report any point of untruth of the Duke of York, the Earls of Salisbury and Warwick, For coming in Warlike manner against the King at Saint Albans, Considering that their attempt and enterprise, Was only to see the King's Person in Safeguard and Sure-keeping, and to put and Alien from Him the public Oppressors of the Common wealth; by whose misgovernance, his life might be in hazard, and his Authority hang on a very small Thread. After this, the h Hall, Graft. Fabian, Caxton, Holinshed Stow, speed, Anno 37. 38. & 39 R 6. Duke, an● these Earls raised another Army, for like purpose, and their own defence in the 37 and 38 years of H. 6. for which they were afterwards, by a packed Parliament at Coventree, by their Enemy's procurement, Attainted of high Treason, and their Lands and Goods confiscated. But in the Parliament of 39 H. 6. cap. 1. The said attainder, Parliament, with all Acts and Statutes therein made, were wholly Reversed Repealed, annulled; as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their own Rancour and Covetousness, that they might enjoy the Lands, Offices, Possessions, and Goods of the lawful Lords and liege People of the King; and that they might finally destroy the said lawful Lords, and Liege People, and their Issues and Heirs forever (as now the King's ill ●ounseilors, and hungry Cavalleers seek to destroy the King's faithful Liege Lords and People, that they may gain their Lands and Estates; witness the late intercepted Letter of Sir john B●ooks, giving advice to this purpose to his Majesty:) and this Assembly was declared; to be no lawful Parliament, but a devilish Counsel, which desired more the destruction than advancement of the Public weal; and the Duke, Earles, with their assistants were restored, and declared to be Faithful and Lawful Lords, and Faithful liege People of the Realm of England, who always had great and Faithful Love to the Preferment and Surety of the King's Person, according to their Duty. If then these two Parliaments acquitted these Lords and their companions, thus taking up Arms, from any the least guilt of Treason and rebellion against the King, because they did it only for the advancement of the public weal, the setting the Realm in a better condition the removing ill Counsellors; and public oppressors of the Realm from about the King, and to rescue his person out of their hands: then questionless by their resolutions, our present Parliaments taking up defensive arms, upon the selfsame grounds, and other important causes (and that by consent of both Houses, which they wanted) can be reputed no high Treason nor Rebellion against the King in point of Law; and no just, no rational judge or Lawyer can justly aver the contrary, against so many forecited resolutions in Parliament, even in printed Acts. The i Graston, p. 847. 848 Hal. 3. R. 3. f. 5●. 56. See Holished, Stow, Speed, & Barons Henry 7. Earl of Richmund, afterward King Henry the seventh, taking up arms against Richard the third, (a lawful King, de facto, being crowned by Parliament; but an Usurper and bloody Tyrant in Verity;) to recover his Inheritance, and Title to the Crown, and ease the Kingdom of this unnatural bloodthirsty Oppressor, before his fight at Boswell Field, used this Oration to his Soldiers, pertinent to our purpose. If ever God gave victory to men fight in a just quarrel; or if he ever aided such as made war for the wealth and tuition of their own natural and nutritive Country: or if he ever succoured them which adventured their lives for the relief of Innocents', suppression of malefactors, and apparent Offenders; No doubt, my Fellows and Friends, but he of his bountiful goodness will this day send us triumphant victory, and a lucky revenge over our proud Enemies, and arrogant adversaries; for if you remember and consider the very cause of our just quarrel, you shall apparently perceive the same to be true, godly, and virtuous. In the which I doubt not but God will rather aid us, (yea, and fight for us) then see us vanquished, and profligate by such as neither fear him, nor his Laws, nor yet regard justice and honesty. Our cause is so just, that no enterprise can be of more virtue, both by the Laws Divine and Civil, etc. If this cause be not just, and this quarrel godly, let God, the giver of victory judge and determine, etc. Let us therefore fight like invincible Giants, and set on our enemies like untimorous Tigers, and banish all fear like ramping Lions. March forth like strong and robustious Champions, and begin the battle like hardy Conquerors; the Battle is at hand, and the Victory approacheth, and if we shamefully recoil, or cowardly fly, we and all our sequel be destroyed▪ and dishonoured for ever. This is the day of gain, and this is the time of loss; get this day's victory, and be Conquerors; and lose this day's battle, and be villains. And therefore in the name of God, and Saint George, let every man courageously advance his standard: They did so, flew the Tyrannical Usurper, won the Field; And in the first Parliament of his Reign, there was this Act of indemnity passed, That all and singular persons coming with him from beyond the Seas into the Real●e of England, taking his party and quarrel, in recovering his just Title and Right to the Realm of England▪ shall be utterly discharged, quit, and unpunishable for ever, by way of action, or otherwise, of or for any murder, slaying of men, or of taking and disporting of goods, or any other trespasses done by them, or any of them, to any person or persons of this his Realm against his most Royal Person, his Banner displayed in the said field, and in the day of the said field, etc. Which battle though it were just, and no Treason nor Rebellion in point of Law in those that assisted King Henry the 7th. against this Usurper; yet because the kill of men, and seizing their goods in the time of War, is against the very fundamental Laws of the Realm, they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same: the true reason of all the forecited Acts of this nature, which make no mention of pardoning any Rebellions or Treasons against the King, (for they deemed their forementioned taking up of Arms no such offences) but only discharge the Subjects from all suits, actions, and prosecutions at Law for any kill or slaying of men, batteries, imprisonments, robberies and trespasses, in seizing of Persons, Goods, Chartels. What our Princes and State have thought of the lawfulness of necessary Defensive Wars of Subjects against their oppressing Kings and Princes, appears by those aides and succours which our Kings in former ages have sent to the French, Flemings, Almains, and others, when their Kings and Princes have injuriously made Wars upon them, and more especially, by the public aid and assistance which our i Speeds Hist. p. 1192. to 1197 1●36 1237. Gamston Hist. of the Netherlands, l. 10. p 611. 612. etc. and Imperial Hist. p. 730. to 8●6. Queen Elizabeth and King james by the public advice and consent of the Realm, gave to the Protestants in France, Germany, Bohemia, and the Netherlands against the King of France, the Emperor, and King of Spain, who oppressed and made War upon them, to deprive them of their just Liberties and Religion, of which more hereafter. Certainly, had their Defensive Wars against their Sovereign Princes to preserve their Religion, Liberties, Privileges, been deemed Treason, Rebellion, in point of Law: Queen Elizabeth, King james, and our English State, would never have so much dishonoured themselves, nor given so ill an example to the world, to Patronise Rebels or Traitors; or enter into any solemn Leagues and Covenants with them as then they did, which have been frequently renewed and continued to this present. And to descend to our present times; our King Charles himself hath not only (in show at least) openly aided the French Protestants at Ree and Rochel against their King who warred on them; the German Princes against the Emperor; the Hollanders, and Prince of O●a●ge, (to whose Son he hath married his elstest Daughter) against the Spaniard, and entered into a solemn League with them, (which he could not have done in point of Law, justice, Honour, Conscience, had they been Rebels or Traitors, for standing on their guards, and making defensive Wars only for their own and their Religion's preservation;) but likewise by two several public k See the acts of Pacification and Oblivion in both these Kingdoms. Acts of Parliament, the one in England, the other in Scotland, declaring, the Scots late ●aking up Arms against him and his evil Counsellors, in defence of their Religion, Law●s, Privileges, to be no Treason, nor Rebellion; and them to be his true and loyal Subjects (notwithstanding all aspersions cast upon them by the Prelatical and Popish Party) because they had no ill or disloyal intention at all against his Majesty's Person, Crown, and Dignity, but only a care of their own preservation, and the redress of th●se Enormities, Pressures, grievances in Church and State, which threatn●d desolation unto both. If then their seizing of the King's Forts, Ammunition, Revenues, and raising an Army for the foresaid ends, hath by his Majesty himself, and his two Parliaments of England and Scotland, been resolved and declared to be no Treason, no Rebellion at all against the King; by the very same, (or better reason, all circumstances duly pondered) our Parliaments present taking up Arms and making a Defensive War for the ends aforesaid, neither is, nor can be adjudged Treason or Rebellion, in point of Law or justice.. In fine, the King himself in his l An exact Collection of all Remonstrances, etc. p. 319. 331. Answer to the 19 Propositions of both Houses, june 3. 1642. Confesseth, and calleth God to witness: That a● the Rights of his Crown are vested in h●m for his Subject's sake: That the Prince may not make use of his high and perpetual power to the hurt of those, for whose good he hath it; nor make use of the name of public Necessity, for the gain of his private Favourites and Followers, to the detriment of his people; That the House of Commons may impeach those, who for their own ends, though countenanced with any surreptitiously gotten Command of the King, have violated that Law, which he is ●ound (when he knows it) to protect, and to protection of which they were bound to advise him, at least, Not to serve him in the Contrary (let the Cavalleers and others consider this:) and the Lords being trusted with a judiciary power, are an excellent screen and bank between the King and people, to assist each against any Encroachments of the other; and by just judgements to preserve that Law, which ought to be the Rule of every one of the three. Therefore the power Legally placed in both Houses, Being more than sufficient to prevent and restrain the power of Tyranny; by his Majesties own Confession; it must needs be such a power as may legally enable both Houses, (when Arms are taken up against them, by the King or any other, to subvert Laws, Liberties, Religion, and introduce an Arbitrary government;) not only to make Laws, Ordinances, and Assessments, but likewise to take up Arms to defend and preseve themselves, their Laws, Liberties, religion, and to prevent, restrain all forces raised against them, to set up Tyranny; else should they want not only a more than sufficient, but even a sufficient necessary power, to prevent and restrain the power of Tyranny; which being once in arms cannot be restraned, prevented, repulsed, with Petitions, Declarations, Laws, Ordinances, or any Paper Bulwarks and Fortifications, or other such probable or possible means within the Parliaments power, m Albert. Gentil. de jure Belli, li. 1. ca 13. 14. 15. but only by Arms and Military Forces, as reason and experience in all Ages manifest. From all which pregnant punctual domestic Authorities and resolutions of Ancient, Modern, and present times, I presume I may infallibly conclude; That the Parliaments present taking up necessary Defensive Arms, is neither, Treason, nor Rebellion, in judgement of Law; but a just and lawful Act, for the public benefit and preservation of King, Kingdom, Parliament, Laws, Liberties, Religion; and so neither their General, Soldiers, nor any person whatsoever employed by them in this War, or contributing any thing towards its maintenance, are or can be Legally indicted, prosecuted, or in any manner proceeded against as Traitors, Rebels, Delinquents against the King or Kingdom; and that all Proclamations, Declarations, Indictments, or proceedings against them, or any of them, as Traitors, Rebels, or Delinquents, are utterly unlawful, unjust, and aught to be reversed as mere Nullities. It would be an infinite tedious labour for me to relate, what Civilians and Canonists have written concerning War, and what War is just and lawful, what not: In brief, they all generally accord; n Gratian causa 23. qu 1. 2. 3. and the Canonists in their Glesses on that Text. Summa Angelica & Rosel. Till ●el Anto. Cortes. Reper. in Abatem tit. Beilum; jacob. Spieleg. & 10. Calvin. Lexi. jurid. Tit. ●el. Mart Lauden de Beil. Tract. Alber. Gent. de jure belli Petrinus Belli de Re● milita. & bel●o tract. De jure belli Belg. Hagae, 1599 Hugo G●ot. de jure Belli et 〈◊〉. That no War may or aught to be undertaken cut of covetousness, lust, ambition, cruelty, malice, desire of hurt, revenge, or fer booty: propter praedam enim militare peccatum est; Whence john Baptist, Luke 3. 14. gave this answer to the Soldiers who demanded of him, what shall we do? Do violence to no man: neither accuse any man falsely; and be content with your wages. Ne dum sumptus quaeritur, praedo grassetur. Which proves the Wars of our plundering, pillaging Cavalleers altogether sinful and unjust: And that such a War only is just, which is waged for the good and necessary defence of the Commonwealth, by public Edict or consent; or to regain some thing, which is unjustly detained or taken away, and cannot otherwise be acquired: or to repel or punish some injury; or to curb the insolency of wicked men, or preserve good men from their unjust oppressions; which Wars ought only to be undertaken out of a desire of Peace; as they prove out of Augustine, Gregory, Isidor Hispalensis, and others. In one word, they all accord; That a necessary defensive War to repulse an Injury, and to preserve the State, Church, Republic, Freedoms, Lives, Chastities, Estates, Laws, Liberties, Religion, from unjust violence, is, and ever hath been lawful by the Law of Nature, of Nations; yea, By all Laws whatsoever, and the very dictate of Reason: And that a necessary defensive War, is not properly a War, but a mere Defence, against an unlawful Violence; And therefore must of necessity be acknowledged lawful; because directly opposite to, and the only remedy which God and Nature have given men against Tyrannical and unjust invasions, which are both sinful and unlawful. And so can be no Treason, no Rebellion, no crime at all, though our Princes or Parents be the unjust assailants. Of which see more in Hugo Grotius, de jure Belli, l. 2. c. 1. I shall closeup the civilians and Canonists Opinions touching the lawfulness of a Defensive War, with the words of Albericus Gentilis, Professor of Civil Law in the University of Oxford, in Queen Elizabeth's Reign, Who in his learned Book, De jure Bel●i & Pacis, Dedicated to the most illustrious Robert Devoreux Earl of Essex; (Father to the Parliaments present Lord General:) determines thus, Lib. 1. cap 13 pag. 92. etc. Although, I say, there be no cause of war from nature, yet there are causes for which we undertake war by the conduct of nature; as is the a Cl●. 2. de Sent. cause of Defence, and when war is undertaken, because something is denied to to be granted, which nature itself affords, and therefore because the Law of nature is violated, War is undertaken. We say there is a three fold Defence, one Necessary, another Profitable, a third Honest; yet we shall deem them all Necessary. b Bal 3. cons. 458. & S. cons. 405 He who defends himself, is said to be necessitated, neither will Baldus have us distinguish, whether he defend himself, his goods, or those under his charge, whether near, or remote; His defence is necessary, c Clar▪ §. H●micidium. and done for necessary defence, against whom an armed enemy comes, and his against whom an enemy prepares himself: and to such a one the same d Bal, ad. d. l. 32. loc. I● s. Dec. l. ut Vim Baldus truly teacheth, aid is due by compact, whom others likewise approve e Ap. Mitr. . This war we may say, was anciently undertaken against Mithridates, and against his great preparations. Neither aught wise men to expect, till he had professed himself an enemy, but to look more into his deeds, than words: Thus whiles we say necessity, we speak not properly, but we understand, that necessity which is not rare in humane affairs, and hath wont to be called need: which yet precisely is not that true necessity, etc. f Phil. de Principe. It is a most unjust conflict, where the one side being agent, the other is only patient. There is a just defence, and slaying, although the slayer might flee without danger, and so save himself, whether the slayer who defends himself be of that condition, that it would be a disgrace to him to flee, or whether it would be no disgrace. g Clra. §. homicidium. Which opinions are received in the causes of private men; and to me are much more approved in public causes. h L. 3. de Iust. l. 4 adle. Aq. Ceph. cons. 721 Defence even in Bruits is a Law of nature: i Cic. 2. juci. 121 fa. 3. it is persuaded and constituted in us, not by opinion, but by a certain imbred faculty: and it is a necessary Law; for what is there (saith Cicero) that can be done against force, without force? This is the most approved above all Laws. k c. 3. de se exc. c. 18 de Homicide. All Laws, all Rights permit to repel force with force. l Ammia 2● There is one Law and that perpetual, to defend safety by all means. m Cic. pro Milo. All means are honest of preserving safety: this, reason to the learned, necessity to Barbarians, custom to Nat●ons, nature itself to wild Beasts, hath prescribed; and this is no written, but borne, or native Law. Likewise, to defend our Estates, is a necessary defence, and this is a just cause of defending, if we be assaulted by ●arre, though we ourselves have demerited the war: which things others, and Paulus Cas●ensis have taught. And it will follow and add this reason; because the Law or Force of war is not ended by obtaining the things first demanded; but walks according to the conquerors pleasure. n Aug 19 con. Fav. Who is content to repay so much revenge only as he hath received wrong? saith Augustine, and all know it. This arbitrary power all not subdued may justly decline, and therefore defend themselves against it with Arms. Witnesses, o jason. l. 15. l. de in re. judges who are enemies are repelled, although they against whom they proceed gave the cause of the enmity. p Con. rig. peccatum. p. 2. §. 9 To one in Arms he gives all things who denies just things: said Caesar. Neither do we hear make question of that blameless moderation, where there is no superior. These things therefore are avoided: and therefore the cause of Romulus shall be said right to me, who defended himself by war against the invading Sabines, albeit he had given them cause of war and offence, by the rape of their women. q Bodin. 5. de Rep. 5. The force of necessity is so great, when men are pressed with Arms, that those things which are unjust may s●●me most just; as Bodin well, r Livy l. 8. war is just, to whom it is necessary; & pia arma, quibus nulla nisi in armis relinquitur spes: and Arms are pious to those to whom no hope is left but in Arms. Extreme necessity is exempted from all Law. And yet I restrain not the present definition, to extreme necessity, or take extreme according to the condition of men's affairs: for be it so, let it be no necessity, which may be no necessity; Romulus might have avoided war by restoring the ravished women; yet he might likewise defend himself against the enemies even soon after marching against him. I stay not in this definition: for that is a question belonging to Citizens. * Costr. l. 1. de Iust. He who being banished may be hurt without danger, yet he may defend himself. CHAP. XIIII. De utili Defension: He proceeds thus, I Call that a profitable defence, when we move war, fearing lest we ourselves should be warred upon: s Pater. l. 2. no man is sooner oppressed than he which fears nothing, and security is the most frequent beginning of calamity. This first. Next, we ought not to expect present force, it is more safe if we meet that which is Future. There is more hope and more courage in him that infers force, then in him who repels it: he hath more courage who infers danger, than he who repulseth it, t Liu. 21● 28. Livy and Vigetius: if the enemy should once prevent, u Veget. l. 3. all things are disturbed with fear; it behoves them therefore (saith x Hist. l. 5. Nicephorus, an historian of no contemptible authority) who would live without danger, to meet with, and prevent impendent evils, and not to delay or expect, that thou mayst revenge the received injury with danger, if for the present thou mayst cut out the root of the growing plant, and suppress the endeavours of an enemy who thinks ill. And y D●m. l. ad Arifleg. Suidas, yea Demosthenes; war is not to be delayed but urged, least being first injured, we be compelled to repulse force. * Dio. l. 45. This (as the Latin De n●sthenes Cicer● saith) is likewise a disgrace, that if thou mayst prevent future thou wouldst rather redress Present evils. That rude youth likewise (so hath nature itself prescribed this Law) z Terent. 4. Eunu. 6. I would rather look to ourselves, than I would be revenged having received injury: a Philo. de spe. Leg. But Philo most excellently, that we presently slay a serpent at the first sight, although he hath not hurt us; nor perchance will hurt us; so careful are we of ourselves before he move himself. Am I not over-tedious to thee in naming these Authors, which yet are none of ours? But the consent of various and many authors is great reason, etc. Neither yet omit I, things held in lieu of proverbes, and therefore prove much what they signify. b Pers. Sat. 3. Ovid. 2. de Art. Horat. ad Loll. Ep. 1. Meet the approaching disease. Withstand beginnings; else medicines are provided over-late. Neglected fires are wont to g●t strength. Behold something out of the Authors of Law: c C. lib. 2. Tit. 41. l ul. l. Tit. 27. l. 1. & C. T. de Sica. l. 1. It is better to keep Laws unviolated, then afterwards to seek remedy. d Bald. 4. cons. 111 jas. l. 3. de Iust. It is lawful to prevent: One providing to offend, I offend lawfully; and others of this nature, which are more defined to humanity, and approved by men's judgements. e Bal. 1. Cons. 369. 4. 312. Alex. 2. 144, Cla. §. Homicidium, Zas. l. ut vim. No man ought to expose himself to danger: no man ought to expect himself to be smitten or slain unless he be a fool. We ought to meet the offence not only which is in act, but that likewise which is in possibility to act. Force is to be repelled and propulsed with force; therefore not to be expected; in which expectation there are also both other the foresaid certain evils, and that likewise which is mentioned in the causes of private men, lest perchance by giving the first stroke we be slain; or lest we yield by flying, and be oppressed lying down. But not to fly is to repel force: all these things are clear, and tried, and most apt to warlike tractates. What follows, hath some doubt, when the thing may seem to come to that pass, that we must now run to this profitable defence. f Dec. Cons. 603. A just cause of fear is required, suspicion is not sufficient. Now g p. l. 5. 6. quoth met. can. a just fear is defined, a fear of a greater evil, and such as may deservedly happen unto a constant man. But here in this great cause of Kingdoms, a fear that no damage should happen although not very great, or if there be an evident cause of fear although the danger be not true, g De dame's iinf. l. 27. loc. but the cause only of fear just, is sufficient: but not when a man fears that he ought not, etc. But concerning prevention there are notable things in i Gell. l. 7. c. 3. Gellius. In all things to be taken heed of, there is not the same cause; neither in the affairs and actions and Offices of humane life; or of taking, or deferring, or revenging, or bereaving. To a gladiator, ready to fight this lot of fight is propounded; either to slay, if he shall prevail, or to beslaine if he shall give over. But the life of man is not circumscribed with such unjust untamed necessities, that therefore thou oughtest first to do the injury, which unless thou shalt do, thou mayest suffer. And Cicero; k Cic. pro tu. Quict●. 5. c. 13 who hath ever enacted this, or to whom can it be granted without the greatest peril of all men, that he might lawfully slay him, of whom he might say he hath been afraid, lest he himself might be slain afterward by him? yet rightly, notwithstanding, the Mitileins against the Athenians. l Thucid. l. 3. If we seem injurious to any, if we have first failed, not tarrying ●till we might plainly know, if they would do us any hurt: he doth not rightly considered for if we had been of equal power, we m●ght safely lay ambushes for them again, and we might delay: then he should speak truth: but since they have always wit● them a power of hurting, it beseemed us to have this power, that we might anticipate a defence. Why again do we ask for Bartolusses, or Baldusses with whose bare names we might rest satisfied? and yet do not more esteem the defence of a most noble Republic, yea of Thucydides, a most noble man, and the sentence of a most wise man fortified with reason? And seeing there may not be one probable cause of fear, and generally nothing can be defined concerning it, here we shall only say, that it hath always been very considerable, and at this day, and hereafter it is to be considered, that potent and ambitious Princes may be resisted, for they being contented with no bounds will at last sometime or other invade the fortunes of all men. m Zonarus. Thus the Romans move war against Ph●lip, lest Greece being subdued, he should first make war upon them. Thus n Pausanias, 〈…〉. Lysimachus, when D●metrius had gotten the Kingdom, fearing lest he should provoke him, first moved war, for he knew that Demetrius had it from his father, always to think of promoting the Empire. Thus the o Hero lib. 7. Lacedaemonian Ambassadors, move the King of Sicily to war, because all the rest of the Grecians being overcome by Persa, he might in like manner stir up ware against the Siculi: Men say, by helping us thou mayst defend thyself. Thus the p Xenop. 5. Graec. Lacaedemonians themselves, persuaded by the Acanthu took up war against the Olynthii: who by conquering their neighbours every where, and proceeding always to further parts, they made no end of wars and of increasing their dominion. Thus the q Liv. lib. 7. Campani for the Fidicini against the Samnites, and they say. We have fought in word for the Fidicini, in deed for ourselves: when we saw a neighbouring people, to be set upon by the wicked plundering of the Samnites: and when the Fidicini had been inflamed, that fire would hereafter be transferred upon us: which also r Thuc. lib. 6. Herm● crates a just man of Syracuse doth any of us think, that a neighbour further off being already overcome the calamity will not come upon him also? Thus s Salu. frag. Perseus, thus Metridates did move and call in others against the power of the Romans: for neither are occasions of war wanting to those that aspire to the Empire, and now they are hated for their power. Which thing t Dion lib. ● Appius somewhere saith to those his Romans; and it appears most true; for by aiding their confederates and friends, presently they got the Empire of the whole world. But to omit these manifold examples, which even u Bod. 5. de rep. ult. others have thus noted, and which do thus declare to us the Law of Nations, which we seek; might not all men most justly withstand the Turk on that side, and the Span●a●d on this, meditating dominion every where and plotting it? for indeed the Turk wrongs not many, nor yet the Spaniard, neither can the one or other do it; but they both do injury to some, and he that doth wrong to one, threatens many: shall wars themselves be expected? we have heard of the Turks before, and we all see it: if any one discerns it not of the Spaniards; x P Sy●● he may hear of P. jovius, that the nature of these are both impotent and greedy of bearing rule; and when they have once crept in, endeavour always by all means to attain the highest power. y jou. lib. 1. Therefore we ought to resist; and it is z Ari. 5. pol. better to beware that men increase not too much in power, then to seek remedy afterward against the mighty. a Hier. Epi. 2. While the enemy is little, kill him. Wickedness lest Tares grow, is to be crushed in the seed. Why are not these sayings of Hierome pertinent even here? We cannot jointly resist a common danger: b Bal. 2. cons. 2. 6. 6. a common fear unites even those that are most divided and furthest off: and that by the instinct of nature, and our c Dion l. 6. Baldus teacheth out of Aristotle; This is the reason of Empyres, that they may not hurt; as he, whosoever he was, said well in Dionysius, and nothing more true, and uttered as it were from an Oracle, * Ovid. 5. Fast. Posse nocere sat eft; Quodque potestalios perde●e, perde prior. In the judgement of Bodin: d Plut. Pomp. It is sufficient to have power to hurt, and that which can destroy others, dee thou destroy first: as aptly here the witty Poet; and truly it is very grievous, that we may possibly suffer an injury although we do not suffer it: as e Bal. 2. cons. 195. 202. Plutarch speaketh: and f Ap●l. de ●und. Baldus, that it is lawful to use means for resistance: nor ought it to be in the power of an adversary to hurt us if he would: and that we ought to consider, that which hurteth, and that which can hurt. Even the continuing of concord among the elements is this, by g Polit. 4. Ep. 1 Guic. lib. 1. equal proportion, and while in none, one is subdued of the other: ● And this is that, which that most wise, most desirous of peace, and father of peace, Laurencius Medici's procured always, that the affairs of the Italian Princes should be balanced with equal weights, whence both Italy might have peace, which both it had whiles he lived, and was the preserver of this temper; and which peace ceased when he deceased, and that temperature. The great offspring of Medici's, was a great safeguard both to his own City and the rest of Italy: doth he not as yet endeavour this, that one should not be able to do all things, and all Europe come under the command of one? unless some be able to resist the Spaniard, Europe will certainly fall. i Ans. E●log. If any will pull a middle stone out of the wall, upon which all relies, the rest being carried together will follow. h Polyb. lib. 2. No, this must never be permitted, that the dominion of any should grow so great, as neither to doubt before so much as of most manifest injustice, which Polybius saith, and saith again: whence Hero therefore aided the Carthaginians against the Mercenaries, lest the Carthaginians being oppressed, the Romans should be able to do all things. Thus i Li●. l. 42. Livy of the divers conceits of men upon the war of the Romans, and Perseus, that some favoured him, some them, but there was a third part, the best and most prudent, who would have neither part to become more powerful, the other oppressed, for so themselves should be in the best condition, always protecting them from the injuries of the other: And these things ingeniously, Marcus Cato for the Rhodians: who thorough hatred to the Romans, k Gellius l. 7. ●. 3. by their good will at least, or wishes had favoured Perseus, They would not that we should have conquered the King: but also many other people, and many Nations; and partly not for reproach sake, but because they feared, that if there were no man whom we stood in awe of we might do what we list, and every one of us, if any think any thing to be attempted against his own estate, doth even with his strength contrarily endeavour that it be not attempted against him. This the Ambassador of Persius had thus discussed before the Rhodians, that they ought to endeavour, that the right and power of all things be not devolved to one people. Cato adds, that their will ought not to be punished so much, because it ought to be discerned more certainly. l Dion. l. 38. Caesar doth not contradict, who thus disputes of raising of war against King Ari●vistus, that he ought to be punished before he became great, or should do any evil, even because he had a thought to do them hurt. Neither ought this to be understood of the naked thought, and bare will; but of that which hath assumed the Act, declared in another * L. 225. d. ● 8. place; that King was now fearful to the Romans in France, and his Arms threatened danger: Caesar therefore wisely and justly thought that there was no further delay to be made, but that he might restrain Arms with Arms. The n jou. l. 34. Swissers lately very wisely, that they will favour neither the French nor Emperor, but would keep a league with them both, until their Armies should not be hurtful to the Helvetian Commonwealth. But I conclude, the defence is just which prevents dangers already meditated of, already prepared; and also not thought upon, but very likely, possible: yet neither this last simply; or would I call it just, to endeavour this war, as soon as ever any should be made too potent; which I do not affirm. For what if any Prince's power should be increased by successions, by elections; wilt thou trouble him with war, because his power may be dangerous to thee? Another thing therefore must be added concerning justice.. We will add to others, who what they have thought of a just war, attend. CHAP. XV. of Honest Defence. IT remains to speak of honest defence, which is undertaken without any fear of danger to us, sought for no want of our own, for no profit, but only for other men's sakes, a L● 3. de ju● & ju. and it resteth upon this foundation, that (as Marcus Tullius saith) nature hath ordained among men affinity, and love, and good will, and the bond of good will, and that the law of nations is placed in the society of men, which therefore is called by Cicero also, b Cic. 3. de fi. Civil. c Plut. de Vi. Alex● Thus Verily the Stoics would have the City of the whole world to be one, and all men to be commoners, and townsmen; and like one Herd feeding together in a Common ground. d Niceph. g●. li. 4. All this that thou beholdest, wherein heavenly and earthly things are contained, is one; and we are members of one great body, and the world itself is one e S●n. ep. 96. body. But Nature hath made u● allied, seeing she hath begotten us of the same, and in the same, also endued us with mutual love, and hath made us sociable. e Sen. ep. 96. And this our society is most like the joining of stones, in a wall; which would fall, if the stones did not withstand, and uphold one another, as Seneca excellently; and which as f Gel. lib 6. Gellius, consisteth, upholden as it were, with a mutual contrariety and support. g Hor. ad I●●. ep. 1. This is the desagreeing concord of things, as Horace speaks, and we also before● And now thou hearest that all the world is one body, and all men are members of this one body, and thou hearest the world to be an house, and to be a City; which hear again, for they are beautiful. The world is the greatest house of things, thus V●rro. h Sen● ult▪ been. Man is a sociable creature, and being 〈◊〉 for the good of all, looks upon the world as one house: thus Seneca 〈…〉 〈◊〉, the world it a Commonwealth, i Lact. de ira. Dei. c. 10. having one form of 〈…〉 one Law; k Phi. Iose Philo, there is one Commonwealth of all and a common 〈…〉 l c▪ Apol M ●ct. Tertullian, Minutius, and also in Aristotle, There is one great City: what an ha●●ony is here of wise men? Add touching Society that of Cicero; m Aris●. de mu●. Society in the largest extent, (which though it be often said we must repeat more often) is of men towards men, n Cic. 3. de office Lael. more inward, of those that are of the same Country; ne●rer of those that are of the sane City: and in another place: We are so borne that there may be a c●rtaine Society between all; but greater as any one is nearer: Citizens are better than strangers; kindred ●ha● Foreigners. And thus doth o Aug 19 de civ. Augustine note there society's; the first of the household, the second of the City, the third of the world, and saith, all the Nations in the world are joined together by humane society. But what is this society and conjunction? Among the good there is as it were a necessary benevolence, which spring of friendship, is constituted of nature; but that same goodness belongs also to the multitude; for virtue is not inhuman, nor cruel, nor proud, which will not look upon all people, writeth Cicero; and p Ambr●●. de off. 3 Ambrose, the law of nature binds us to all charity; that one should bear with another, as members of one body: and so also q Bal ● de prido. Baldus, we are borne for our own▪ and for strangers by the bond of Charity: those that say, care aught to be had of Citizens, deny it of strangers, these men take away community and society of mankind. Also Cicero: which r Lact. 6 instir. 6 Lactantius both citeth and hath approved. And the same Cicero. s Ci. c. 7. A●t. 2. It is a filthy opinion of them, t Arist. 1. pol. & Psal. 107. 122. who refer all things to themselves, filthy indeed, for man is borne for society, and it is his u Gal. 6. & 1. petr. 4. duty to help others, and not live to himself only: and for this cause Cicero condemned the Philosophers, because while they lacked one kind of justice, and (as x Hier. Ep. 14 another holy man writes) fulfilled indeed the greatest part of equity, not to hurt any, they offended against the other, because they forsook the society of life, and so forsook this part of justice, to profit when thou canst; y Claud. 4. cons. Herald Dost thou not see how the world itself, the most beautiful of all works doth bind itself with love? we are z Rom. cons. 4●0. bound by the Law of nature (so says the interpreter of the Law) to be profitable every way: and the a Dec. cons. 469 not l. 3. l. 5. de just. same men deliver an equal defence of their own and of strangers, but specially of confederates, from whom we must keep off an injury; and that this defence is both of divine and humane law. b Plat. 9 de leg. Plato thinks, he ought to be punished that keeps not back an injury offered to another. Now that which Plato and these Interpreters say of private Citizens we may very well apply to Princes and people: for what reason there is of a private man in a private City, there is the same in the public and universal City of the world, of a public Citizen, that is, of a Prince, of the people of a Prince: c Bal. 2. cons. 195. As a private man hath relation to a private man, so a Prince to a Prince, saith Baldus, d Sen. 1. 2. de Ira. A man is a Citizen to a man in the greater City, and borne for mutual succour saith Seneca. And because we are one body, if one member will hurt another member, it is meet the others should help that which is hurt, because it concerneth the whole, even that which hurteth, that the whole be preserved. So men should help men, for society cannot be preserved, but by the love and safety of the people. e Xiphil. Vespasian cannot be approved who denies aid, I know not to whom, upon this pretence, because the care of other men's affairs appertained not to him: for what good man is there who doth nothing but for his own sake? f Cic. 7. fa. 12. Cicero again, even to g Procop. 2. pers. Lazius King of Persia, that he is not therefore just, because he doth nothing unjustly, unless also he defended the unjustly oppressed; and by that means they obtained help, and bands of Soldiers against the Romans: for it is not a strange thing amongst men for a man to defend the estates and safety of men. h Cicer. pro Quin. Cicero had said the same; he should have respect if not of the man, yet of humanity, which is due to every one from every one, for this very cause, because they are equally men: and humane nature the common mother of all men commends one man to another, i Iust. Goe an. ●. It is a noble example of the barbarous King of Mauritania: who, when he heard that his enemy Alfonse, king of Castille, was pressed and almost oppressed by the Armies of his son, he sent a huge mass of gold unto Alfonso, he himself went over with a great Army of Soldiers into Spain, judging it a most unworthy thing that his Son should expel his Father from his Kingdom; adding withal, that the victory obtained, he would be an enemy again unto the same Alfonso. What? do I fear the Barbarians, enemies also, and bringing gifts? That the deed of an enemy should be taken in the worst sense? doth k L. 6. de Ex Guiccardine say truth; that these things are not done of any but in hope of some profit? The saying of Guicciardine is dispraised by noble Mountaygn in those his Noble examples? I demand of what right it is? It is a question, if any be bound by Law to defend another, when he can? and they seem commonly to deny this, and the l Lib. 21. de he. vel. ac. ve. Law sometimes saith, that we may without offence neglect other men's affairs: but our proper question is; if any can thus justly defend another? m Castr. l. 2. de just. Al. 7. 17. 27 Clar. f. q 87. & Homicidium: De cons. 678. wherein no man denieth just defence, even for the defence of a stranger it is lawful to kill another, by the opinion which is approved of all Doctors: n Lib. 6. de app. jas. l 3. de iu. Dec. cons. 691. Ceph. 712 ●uia. 20. obs. 20. yea, the defence of him is approved, that neglects to defend himself, yea that refuseth to be defended by another, whether a friend defend him or another, even an enemy: and thus it is called the rule of humanity, and so o L. 39 dene. ge. 1. segq. a benefit to be conferred often times upon the unwilling. So also there be many other definitions. Also they conclude by an argument, not firm enough that way, in another question: that a man may take money for defending another, which he should receive dishonestly, if he were bound to defend him by law: for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment? neither is it dishonestly given nor dishonestly taken, in way of thankfulness. p L 5. quis. ma ad li per. Pla. 9 de leg. So it is not ill taken of a Citizen from a City, nor by a son from a father: for truly it is manifest, tha● many things cannot be done without offence; and therefore if done they are worthy of rewards, yet not of punishment, if they be not done. Again, somethings on the contrary neglected, indeed contract offence, but reform they merit not glory, so Bernard: to which I add a mean, that there be some things which being neglected contract offence, and fulfilled deserve reward. q jas. d. l. 3. Eug. cons. 86. But also even in the Court of conscience they will have a man to be bound to defend a man. r Bal. l. ul. c. de ju. deimp. But conscience is the will of a good man, yea of the best: but they deliver this also even in the way of honesty: and we follow honesty here, and that arbiterment: s Alc. l. cons. 27. Mol. ad Dec. l. 3. de reg. but both in Civil and Canon Law, against the rest Bartolus inclines thus: Albericus, Igneus, Decius, Alc●atus, Molineus, so teach: and t Bal. 4. cons. 111. l. 1. ●. de ser. fug. Baldus elegantly, that it is a fault to omit the defence of another; of himself, a treachery: which also in another place he determines. Pla●o is also of this mind: and thus also u Eccle. 4. Siracides: free him to whom injury is done, out of the hand of the injurious. I also am of the same mind, especially, if, which the forenamed interpreters add, defence be not made with the danger of the defender. x Bal. l. 1. de of. pr. vi. For no man is bound to put himself in danger; no man is bound so to assist against a fire. y Nic. Cal. 7. his. 19 Otherwise thou hearest Constantine say, that they which live by the rule of God's Law, account an injury done to another, to be their own. Behold that thus also he aided the Romans against Maxentius. Hear again Baldus his Lawyer, he that defends not, nor resists an injury, z Cic. 2. deoff. is as well in fault, as he that forsakes his parents, or friends, or Country: and if these be true in private men, how much more will they be in Princes? These mutually call themselves Cousins, Cousin-germen, Brothers. They are so much the more true in Princes, by how much if a private man defend not a private man, the magistrate remains, that can both revenge the wrongs, and repair the losses of private men, but there is none can piece up the injuries and hurts of Princes, but the same Prince, who after had rather apply a medicine to the evil, than hinder at the first that evil be not done. These things are true, but that also you may hold with a Bal l. 10. 10. c. de op. le. Baldus that although these were not true out of Philosophy of judgements, which is of things necessary: the● ar● certainly true from Philosophy of manners: which consists of things persuaded, which Philosophy also we follow in this whole treatise. The Philosophy of judgements▪ permits a man to neglect even himself, as Baldus writes, and if besides, as it falls out almost always, another special cause be joined to this general rule of honesty, it may come nearer to justice. Let the opinion verily be true for me, that this cause of honesty alone, perchance hath never moved any man to that honest defence. b Guic. lib. 2. Guicciardines' mouth said truly, no Prince will make war for Pe●ant, unless persuaded w●●h desire of his own gain: yet that is ignominous to Princes and sa●ours not of justice: but I had rather concur with Leo the Philosopher. We know very few to keep true love, for its sake alone to be stirred up to succour those that are entangled in misery, but on the contrary side, that the number is very great of those that for hope of getting any thing, come to help the unworthy: which is a more mild saying, and I think more true. But I seek another thing, it is complete justice which defends the weak: so d Anbr. 1 de off. 27. c. 5. 23. q. 3. Ambrose, and the Canon Law, and I seek for that justice.. The Romans also joyn●d this cause with others by which they were moved often times to make war: e D●on ●ol. de legis. the defence of the Lucan's (saith Dionysius) was the manifest cause of the Samnitic all war, which might have a show of honesty, as common, and a national custom of the Romans to aid those that fled unto them: but the secret cause which did more urge, was the power of the Samnites was great, and greater would it have been, if the Lucan's had been subdued, so the reason of profit lies hid: and therefore seems not so good, as it is honest: and yet we call profitable also, good and just, and the one is made just by the other: therefore what if they be dear unto us whom we should defend? f l. 5. qui ex ca in po. ea. Vlpianus saith, that for love and friendship, for no other reason defence ought not to be omitted. The defence of those that aught to be dear unto us, is from nature, witness M. Tullius. What, if our allies and confederates? g Amb. de off. He that keeps not of an injury from his fellow when he can, is as well in fault, as he that doth it. Am●rose, and h Liv. 31. 34. even we ourselves are hurt when our fellows are hurt: as in Livy. i ●. de Repub. ult. john Bodin judgeth amiss, that an ally and a confederate is not bound to help his fellow, if there be no caution of help in the league; and the contrary is now showed by us, and also shall be showed in the third book. k Plut. Apoph. What if they be of the same stock and blood? Agesilaus made war against the Persians, that he might bring the greeks of Asia into liberty. And the petty Kings of l jov. l. 23. Germany by an old custom of the Nation, think it an heinous offence, not to be assistant to those that implore mutual help: although there is there besides a certain body of a Commonwealth: as it is reported long since, that there was of the Achai. What if of the same Religion? m Oros. l. 5. c. 2. Nations are joined together by the tye of Religion, more than either by the communion of another law, or contract of a league: and therefore if we implore nature by communion, the law of Nations by covenant, the Commonwealth by laws, by common Religion (the most powerful thing of all) we implore the bowels of men and of the holy One, who is the head of that communion. n Procop. 1● Pers. & Call. l. 17. c. 57 So there was war with the Persians, because their fugitives were not delivered them, and they were not delivered by the Romans, who would not despise the humble professors with them of the same religion, who fled from the Persian cruelty. Thus justinus answered the Persian, that he could not but receive those of the Christian Religion, falling away to him from the Persian, who compelled them to forsake Christian Religion. o Alc. l. 38. §. Sacra. de V. O. And our writers do thus resolve, that war may be made if any converted to Christian Religion, should be oppressed by their Lords, and that for the right of society contracted from conversion. What if neighbours? p Cic. pro Planc. for what? had I not very many, very just ties of familiarity, of neighbourhood of country, of friendship to defend Plancus? saith Cicero. And here is our case. q We are in danger if our neighbour's house be on fire, for if fire have fiercely taken hold of some houses, they will hardly be defended but that the next houses will be burnt, which was elsewhere in Sallust, and now in Ovid. ˢ Fire that is near is hardly kept off from houses: it is good that we abstain from near adjoined places: which verses are proverbial in this thing; and proverbes add some credit. This notes something that as it is lawful to pull our neighbour's house down, lest the fire should come to us: and that question of a x Decia. Cons. 651. house infected is the same, although touching this it is answered contrary: y Levit. 14. Yet the House infected with Leprosy was pulled down. z L. 29. ubi gl● de l. Aq: And in many cases it is so, that we may do ill to others, that it be not ill with us. We must beware of all contagion, especially of our neighbours: the ill contagions of a neighbouring People are hurtful. a Ibo. l. 1. The Romans (saith Florus) as a certain infection ran over all, and taking in all the nearest people, brought all Italy under them, and whatsoever Dominion they had. b Eccl. 22. Before fire is the vapour and smoke of the Chimney, Syracides also. So we see smoke from our neighbour's fire, and will we not run and put out the fire where it is? It is c C. 6 de se. exe 6. Eug con 9● written again, that it is lawful for any to help his neighbour against an injury, yea, he seems to be partaker of a fault, who doth not aid his deadly foe, even speaking against help, nor yet desiring it. Concerning which I have noted before, and will note further in the Chapter following. CHAP. XVI. Of aiding Subjects that are Strangers against their Lord. I Demand, if we may justly defend Subjects also that are Strangers against their Lord? What if their cause also be unjust? a Lib. 1. de Offi. 13. Ambrose noteth those three gods, jupiter, Neptune, and Pluto, have thus Articulated, lest upon their entrenching on one another's jurisdiction, they might make War among themselves: they should not usurp the rule of the Sea, etc. b E●ri. Hip. They say likewise, that we gods have this Law, none of us will cross the desire of him that willeth, but we yield always one to another. Which being the fictions of very wise men, are applied unto Princes of the earth. But even without any circumstance at all, the Corinthians speak thus to the Athenians: c Thuc. l. 1● We do plainly deny that any is forbidden to punish his ow●e: for if thou shalt defend those that have offended, even your own Subjects will defend themselves from you. Yet I think not Subjects of other men are altogether strangers from that neerensse of nature, and union of Society, you do also cut off the unity of mankind, whereby life is sustained, as excellently d 4. de Benes. Seneca. And if we make not Princes lawless, tied to no Laws nor Conditions; It is necessary, that there be some to admonish them of their duty, and may hold them fast bound; which reason I expounded in the second Book of Embassies. Neither will I here infer any confusion of kingdoms, or any inspection of one Prince over another Prince: neither do I suffer those things to be distinguished, which are most firmly glued together by nature, I mean, that kindred with all, among all. Neither here otherwise may one Prince have inspection over another Prince, but such as may happen by every other War, wherein one Prince carries himself as a judge both of himself, and of another. If a question were among private men, it were most unjust to go to a Foreign Prince about it. Also if there arise a difference between a private man and his Sovereign, there are Magistrates appointed which may be sought unto. But when the controversy is touching the Commonwealth, there neither are, nor can be any judges in the City. I call that a public matter, when such, and so great a part of the Subjects is moved, that now there is need of War against those that defend themselves by War. And as if those should come into part of the Principality of the public, and are Peers to the Prince, who can do so much as he. e Ceph. 612● Even as one King is said to be equal to another, who can resist another offering wrong, however greater, and more powerful; although I say not these things of the Subjects themselves, unless it be in respect of Foreign Princes, which will aid the Subject against their Sovereign, and who can aid them no otherwise then in a controversy, as I have expounded, of the Commonwealth. f Cou. R●g●. Pocca. par. p. 9 Bod. l. 2. de Rep. c. 5. & l. 5. cult. Cic. 3. de Off. And indeed, if the Subjects be used more cruelly and unjustly, this opinion of defending is approved even of others, who both bring that laudable example of Hercules, the Lord of Tyrants and Monsters. There is also the example of Constantine, who aided the Romans against Maxentius, as I noted before. g Bal. lib. 4. c. de just. & subst. We defend Sons against injust Fathers. Add now those golden Sayings of h Sen. ult. de Benef. Seneca. That being cut off, whatsoever it was, whereby he did cleave unto me, the Society of humane right is cut off. If he do not impugn my Country, but is burdensome to his own, and being banished my Country doth vex his own, yet so great naughtiness of mind hath cut him off: although it maketh him not an enemy, yet hateful unto me. And the reason of the duty which I owe unto mankind, is both more precious, and more powerful with me, then that which I own to one single man. Thus verily; or else we make all men foreigners to all Princes, if we determine that they can do according to their pleasure and lust. Now what if the cause of the Subject be unjust? The foresaid Authors deny, that men ought to aid unjust Foreign Subjects, lest any by so aiding introduce the same Law into his own Kingdom, which the Corinthians did before. Yea, i E●h. 5. 9 Caesar. 〈◊〉 de si c. 4. Aristotle thinks, that neither a wicked Father is to be loved nor assisted with help. But this is false of a Father, as I taught in a certain Disputation, perhaps it is more true, that those may be defended of us by war, who are unjust. For if it be a just war which is to repulse a wrong, although they that repulse an injury, have given occasion to the war: the same it seems may be determined in the defence of others, even of Subjects, for the same reason. Surely there is that iniquity in War, that it will make the same man to pronounce law to himself in his own cause, or verily willing to pronounce it. Upon which pretence another Prince may bring aid on the contrary side, that things may more civelly be composed without war. And this is that which k Pl●. Pyrth. Pyrrhus did when he came to aid the Tarentines against the Romans; he admonished them first, that they would by their own endeavour put an end to the Controversy; although neither the Romans would not unjustly hearken unto the King; or because they might deservedly suspect him, as being sent for by enemies, armed with enemies, ready to fight for enemies, and of kin to enemies. l Cr●u. cons 224. Ceph. 57 Bal l▪ 1, de servant fug. He that stands armed with another, is said to bring help and aid unto him; neither is there need to prove any thing against that at all. Even he that arms himself, is believed to think upon war, And m Alex 7. cons. 2. c●ph. 721. if he that is the friend of an enemy be excluded from being a witness, much more from being a judge. n las. l. 16 de Iurisd. Cic. pro Com. Ceph 750. For it is easier, if any be received for a witness then a judge; o L. 47. de re iul ●8. C. de 〈◊〉. The friend of my enemy is not presently meant my enemy, as neither my friends friend is my friend; but there is a great suspicion of them both, and of the friend of an enemy the more. But I return to the question. p Leo●nou. 103 We are bound both to defend justly unjust Sons against the cruelty of a Father, or Servants against the cruelty of a Master; and we laudably endeavour that by fury (here is War) no not wicked men should be chastened and punished, for fury and war have no measure. q L. 5. Bal l. 4. C. de ser. Cor. And he that led by humanity or pity, or any other approved and just cause, hath received another man's Servant, is not bound by the Statute of a corrupt Servant, and that reception is accounted in the nature of good, etc. r Plut. qu● nutr. li. Hi●●o. cp. 9 Even he is commended, who being angry with his servants committed them to be punished by another, this commendation being added, because he himself was angry. Therefore a good Prince will have the Liberty of rage against his own Subjects to be taken from him, being angry, as a good Father, as a good Master, and he will always judge, That Kingdoms were not made for Kings, but Kings for Kingdoms, which is most true. This also of Plato availeth, that we ought to use Eloquence, chiefly to accuse our friends, to whom it is the best, thus to be drawn from future evils. And so I think that we may defend unjust Foreign Subjects, yet to this end only, for the keeping off immoderate cruelty and too severe punishment: s Alex l. ●0, Sol. mu. Seeing it is not inhuman to do good to those that have offended. Yet I dare affirm, that this reason of bringing help doth seldom stand alone, but that another of necessity and profit may be pretended, or truly shown, as is said before. Behold now is the greatest question: If the English have justly aided the Hollanders because their cause was unjust, & the Hollanders were even now Subjects to the Spaniards? both which notwithstanding are false. It was said, that a War was to be undertaken upon that occasion, that a good Peace might be obtained of the Spaniard, which otherwise, as is thought, could not have been had: t Cels. l. 5. de just. And so truly War is lawfully undertaken, as u Cels. 3. c. 9 Hypp. de loc. in hom. our men allege: And the most wise reason of the Physicians maketh for it, That if any Fever be slow which holds the body, and which yields to no cure, than the Disease is to be changed, yea, to be augmented and heightened. For when it doth not receive cure for the present as it is, it may receive that cure which is future. But even War might have been undertaken without that evil of an unfaithful Peace. As there be many bonds of nearness between the English and the Hollander: the ancient friendship with the Dukes of Burgundy, the familiarity of these people, and the old Consanguinity; all the rest, which are noted at the end of the former Chapter. And therefore with Cicero, x Cic. prosy They think not that the nocent are not to be defended, if they be the friends of a good man. Add one thing of great moment, that the Hollanders overcome in War, should altogether change their condition, and we see it in the conquered part, being for the most part, cast down from their ancient Liberty, and for the most part oppressed with Garrisons, are governed now only at the pleasure of the Prince. But this our Neighbours cannot endure. y l. 3. de ho. 〈◊〉. ex. Neither is any other forbidden to favour Liberty. But z L. 54. de Leg. it much behoveth Neighbours to have a Neighbour. a Nat. 〈◊〉 Alex cons. 197. For if one man hath need of another man, what shall we say that one Neighbour is to another, saith a Nat. 〈◊〉 Alex cons. 197. Pindarus, and b Bal l. 9 C. de P. 1. in ●. 7. Callimac●us: Ill Neighbours are odious to me, and c Heb. Apoph. 1. c. 3. some wise Hebrew, The worst of all diseases is an ill Neighbour: And another of the same Nation, Woe to the wicked, and woe to his Neighbour. And where may d Hes. 1. op. op. Moral Fables be silent? e Fair. 1. c. 7 An evil neighbourhood is like a misfortune; The vicinity of great Men is always to be shunned of the weaker; f Alc. Emb. 164. Plut. Euth. Good men receive good things from good Neighbours, and evil Men, evil things, etc. So * Plato, g Plu. Apoph. and so Th●mistocl●s; When he ●old a pi●ce of ground, ●ee commanded the Crier to Proclaim, that it had a good Neighbour: Which h L. 33. de con. 'em. Interpreters note, to the Law. And there be many things of the same kind. Wherefore neither if these neighbouring Subjects would change their condition, neither if by reason of a fault committed against their own King, they be compelled to alter it, is another Neighbouring Prince compelled to suffer it, to whom neither another man's will nor offence ought to bring damage. The i Com. Pii. 2. li. 19 Venetian Ambassadors when they interceded for Sigismond of Maltesta, to Pope Pius the second, they spoke even this, that Neighbouring Princes would not have another Neighbour, whom furthermore they knew not, what he might hereafter be. And you may note, that Sigismond held Towns from the Church, and for his committed offences, he ought worthily to lose them. Perhaps some will doubt, whether these things be true in private men's causes. k 26. de da. inf. Alex. 2. 174. For a private man seems to have power to do with his own what he list, if it be profitable to himself, and hurt not another. Yet these things be true thus in the causes of Empires. For Princes ought to take heed for the future, that another if he will, may not yet be able to hurt another, which is expounded in the Treatise of Profitable defence. l L. 1. de aq. pl. L. 8. si. se. ui. Bal. 4. cons. 396. But even that rule, that it is lawful for any to do what he list with his own, holds not otherwise; then if the condition of a Neighbour be made neither worse nor more grievous thereby: although it be true that no man may take care of the gain, which his Neighbour made, and which was owing to him by no obligation. But even security, and a certain singular conjunction of love from a Neighbour, is due to Empires: Now this we know, what things are taken away when Neighbours are changed. m Arist. 3 ● pol. And the same people is not the same that they were, if the Commonwealth be not the same that it was. For it is not lawful (I say again) to do all things with the Subjects; for that is not lawful with the Subjects which would be a hurt, and a danger to those that are no Subjects. It is not lawful to make Forts in his own Land, n Bal. 5. Cons. 409. which may be terrible to those that are not his, as you shall hear in the third Book. Therefore neither is it lawful to do with his own, that which may be a terror to others. o Bal. q. Cons. 396. How ever these are called equivalent, to do in his own place, and towards his own Subjects. Whether if my Neighbour should place in his House Guns, and other things against my House, may I neither be careful for myself, nor stir against my Neighbour? Thus, thus were Preparations made in Holland; and that great Noble man, Leicester, very wisely foresaw, that the defence of the Hollanders, was very wholesome and necessary for the Commonwealth, and he persuaded it to be undertaken, p Lyp. lest if the Spaniards should break through that Pale of Europe, as then very wisely justus Lipsius, called it there should remain no obstacle at all to their cruelty. And thus far of War Defensive. Thus, and much more this our learned Professor of the Civil Law, Albericus Gentilis; whose words I have thus largely transcribed; because they not only abundantly justify the lawfulness of the Parliaments present Defensive War in point of Law, and their Ordinances of Association and mutual Defence, but likewise fully answer all the cavils and pretences of Royalists and Malignants against the progress and managing of this war, from principles of Nature, Law, Humane Reason, Equity, and humane Authorities. THE LAWFULNESS OF THE PARLIAMENTS present Defensive War in Point of Divinity and Conscience. THe lawfulness and justness of the Parliaments present necessary Defensive War, in point of Common, Civil, Canon Law, and Policy, having been largely debated in the premises, because not hitherto discussed in that kind by any, to my knowledge; I shall in the next place proceed to justify it in point of Divinity and Conscience; Wherein, though I shall be more concise than I intended, because sundry Learned * Divines, a Master Goodwin his Anti-cavallar. and Bone for a Bishop. Master Burroughs' his Lord of Hosts. The several Answers & Replies to Doctor Ferne. The honest Broker, Scripture & Reason, pleading for Defensive Arms (the best and acutest of this kind) with many others. in many late Printed Books, common in all men's hands have professedly handled it at large, and given good satisfaction unto many unresolved scrupulous Consciences; yet because this Treatise may come into divers hands, which have not perused their discourses; and those whose judgements may be convinced by the Legal, may still have some scruples of Conscience resting in them, in regard of the Theological Part, and because some things (perchance) in Point of Theology, which others have wholly omitted, may seasonably be here supplied, to satisfy Consciences yet unresolved of the justness of the present, and all other necessary Defensive Wars, I shall not over-sparingly or cursorily pass through it, without a competent debate▪ Now lest the Consciences of any should be seduced, ensnared with generalities, or clear mistakes through the mis-stating of the points in question, with which devise, many have been hitherto deluded by the Opposites, who cumbate only with their own misshapen fancies, discharging all their Gunshot against such Tenets as are not in question, a●d no ways coming near the White in Controversy, I shall for my own orderly proceeding, and the better satisfaction of ignorant, scrupulous, seduced consciences, more punctually state the Question, then formerly in the Legal Part; first, Negatively, next, Positively; and then proceed to its debate. Take notice therefore. First, that this is no part of the question in dispute. Whether the Parliament, or any Subjects whatsoever, may actually disobey, or violently with force of Arms resist the Kings, or any other lawful Magistrates just commands, warranted either by God's Word, or the Laws of England? it being out of controversy, readily subscribed by all of both sides; that Such commands ought not so much as to be disobeyed, much less forcibly resisted but cheerfully submitted to, and readily executed for Conscience sake, Rom. 13. 1. to 6. 1 Pet. 2. 13, 14. Tit. 3. 1. Hebr. 13. 17. josh. 1. 16, 17, 18. Ezra. 7. 26. Eccles. 8 2, 3, 4, 5. the only thing these objected Scriptures prove, which come not near the thing in question, though our Opposites most rely upon them. Secondly, Neither is this any branch of the dispute: Whether Subjects may lawfully rise up, or rebel against their Prince, by way of Mutiny, Faction, or Sedition, without any just, or lawful public ground; or for every trifling injury, or provocation offered them by their Prince? Or whether private men, for personal wrongs (especially where their lives, chastities, livelihoods are not immediately endangered, by actual violent, unjust assaults) may in point of Conscience, lawfully resist, or rise up against their Kings, or any other lawful Magistrates? Since all disavow such tumultuous Insurrections and Rebellions in such cases: yet this is all which the oft objected Examples of b Num▪ 16. Korah, Dathan, and Abiram, with other Scriptures of this Nature, do or can evince. Thirdly, nor is this any parcel of the Controversy. Whether Subjects may lay violent hands upon the persons of their Princes, wittingly or willingly to deprive them of their Lives or Liberties, especially, for private Injuries; or in cold blood, when they do not actually nor personally assault their lives or chastities; or for any public misdemeanours, without a precedent sentence of Imprisonment, or death against them given judicially, by the whole States or Realms, where they have such Authority to arraign and judge them? For allunanimously disclaim, yea abominate such Traitorous practices and jesuitical Positions, as execrable and unchristian: yet this is all which the example of david's not offering violence to King Saul: the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. (the best Artillery in our Adversaries Magazines) truly prove. Fourthly, Neither is this the thing in difference, as most mistake it. Whether the Parliament may lawfully raise an Army to go immediately and directly against the very person of the King, to apprehend or offer violence to him, much less intentionally to destroy him, or to resist his own personal attempts against them, even to the hazard of his life? For the Parliament, and their Army too, have in sundry c See an ex●ct Collection of of all Remon. strances, etc. Rem●nstrances, Declarations, Protestations, and Petitions, renounced any such disloyal intention or design at all; for which there is no colour to charge them; and were his Majesty now alone, or attended only with his Ordinary Courtly Guard, there needed no Army nor Forces to resist his personal assaults: Yet this is made the principal matter in question by Doctor Ferne, d The Resolving of Conscience. The Necessity of Christian Subjection, etc. A Revindication. The Grand Rebellion, &c by An appeal to thy Conscience, and other Anti-parliamentary Pamphlets; who m●ke this the sole Theme of their Discourses: That Subjects may not take up Arms Against their Lawful Sovereign, because he is wicked and unjust; no, though he be an Idolater and Oppressor: That, Suppose the King will not discharge his trust, but is bend, or seduced to subvert Religion, Laws, Liberties, yet Subjects may not take up Arms, and resist the King, it being unwarrantable, and according to the Apostle, damnable, Rom. 13. Yea, this is all the questions the C●●valleers and Malignants demand of their Opposites in this cause. What? will you take up Arms; will you fight against, or resist the King? etc. Never stating the question of his Forces, his Army of Papists, Malignants, Delinquents, but only of the King himself abstracted from his invading, depopulating Forces, against whom, in this sense of theirs, the Parliament never yet raised any Forces, nor made the least resistance hitherto. These four particulars then being not in question, I shall here appeal to the most Malignant Conscience: Wh●ther Doctor Ferne, and all other our Opposites, pretenders of Conscience, have not ignorantly, if not maliciously, made ship wrack of their good Consciences (had they ever any) by a wilful mistating of the Controversy, concerning the present Defensive War, in the four preceding particulars, which they make the only Questions; when not so much as one of them comes within the Verge of that which is the real Controversy; and never once naming that in all, or any of their Writings, which is the point indeed? Secondly, Whether there be any one Text or Reason in all their Pamphlets, particularly applied to any thing which concerns the present War, but only to these four particulars, which are not in debate? And if so, (as no Conscience can gainsay it) then there is nought in all the waste Papers they have published, which may either resolve or scruple any Conscience, That the Parliaments Defensive Arms and resistance are unlawful in point of Divinity, or Conscience, which is steered by the Scriptures Compass. But if these particulars be not in question; you may now demand, what the knot and true state of the present Controversy, in point of Conscience, is? In few words, take it thus. Wh●ther both Houses of Parliament, and the Subjects by their Authority, for the preservation of their own Persons, Privileges, Laws, Lives, Liberties, Estates, Religion; the apprehension of Voted contumatious Traitors, and Delinquents, the rescuing his seduced Majesty out of the power of Popish pernicious Counselors and Forces, who endeavour the Kingdom's subversion, by withdrawing him from, and incensing him against his Parliament, may not lawfully with a good Conscience, take up necessary defensius Arms, and make actual Warlike resistance against his Majesty's Maligna it ill Counsellors, and invading Popish Forces (who now Murder, Rob, Spoil, Sack, Depopulate the Kingdom in a most Hostile manner, to set up Tyranny, Popery, and an Arbitrary lawless Government,) in case they come armed with his personal presence, or commission, to execute these their wicked illegal designs; Especially, when neither the Parliament nor their forces in this their resistance, have the least thought at all, to offer any violence▪ to the Kings own person, or to oppose his Legal, just Sovereign Authority? Or shorter, Whether the King's Captains an● Soldiers invading the Parliament, and Subjects, as aforesaid, the Parliament or Subjects (especially when authorized by an Ordinance of both Houses) may not with a safe Conscience forcibly resist these Malignants though armed wit● the King's illegal Commissions, without his personal presence, or with his presence and Commissions too? And for my part, I think it most evident, that they may lawfully resist, repulse them, even by Divine Authority. For the better clearing whereof, I shall premise these three undeniable Conclusions. First, That no lawful King or Monarch whatsoever, (much less the Kings of England, who are no absolute Princes) have any the least Authority from the Laws of God or man, personally by themselves, or instruments, to do any injury or injustice to their Subjects; how much less than by open Forc● to Murder, Rob, Plunder, Ravish, Ruin, or Spoil them of their Laws, Liberties, Estates, Religion, all which is plentifully proved by Law Authorities, in the premises; and punctually confirmed by these ensuing Texts. Ezech. 44 15. 16, 17. cap. 45. 8, 9 Psalm. 105. 14 15. Isay 14. 15, to 23. 2 Sam. 23. 3. Isay 1. 23. cap. 3. 12. 14. 15. Prov. 28. 15. 16. Ez●●h. 22. 6. 7. 27. Zeph. 3. 3. Mich. 3. 1. to 12. 1 Sam. 12. 3. 4. 5. 1 King. cap. 21. & 22. Zeph. 2. 8. Is●y 9 7. cap. 16. 5. cap. 32. 1. 2. cap. 49. 23. 2 Chron. 9 8. jer. 22. 3. to 32. Obad. 2. 10. to 16. Rom. 13. 3. 4. 5. ●. 1 Pet. 2. 13. 16. and infinite Scriptures more. Secondly, That all Subjects and persons whatsoever, are obliged both in point of Law and Conscience to disobey, resist, and not execute, the unjust illegal Commissions, Mandates of their Kings, and other Magistrates. This is evident by the Midwife's refusal to murder the Hebrews Male-child●en at King Pharoahs' command, for which God blessed them, and built them houses Exod ●. 15 to 20. By Balaams' denial to curse or defy the Israelites, at King B●lacks entreaty Numb. 22. & 23. & 24. By the refusal of Saul's Guard and Footmen to s●ay or fall on the Priests a Nob, by King Saul's personal command, though present, and not only their King but Master too: 1 Sam. 22. 17. 18. By Jonathan's denial to kill, or consent to the death of David upon Saul's mandate, though not only his Sovereign, but Father, although he might have gained the Crown by it, and endangered his own life by refusing it, 1 Sam. 20. 27. to 42. By Saul's Armour-beares forbearance to run him thorough with his Sword, when he fled before the Philistimes, though he as his King and Master enjoined him to do it; lest the uncircumcised should come and thrust him through and abuse him. 1 Sam. 31. 4. By Mordechai his denial to bend the knee to Haman, the great Favourite, though the King had so commanded, Esther 3. 1. 2. 3. 4. 5. By Shadrac●, Meshach, Abednego, and daniel's refusal, to eat of the King's portion of meat and wine assigned them, lest they should be de●iled, Dan. 1. 5. to 12. By their peremptory resolution, not To fall down and worship King Nebuchadnezars golden Image, though twice strictly commanded by the King to do it, and threatened to be cast into the fiery Furnace (as they were) for refusing it, Dan. 3. 4. to 30. By daniel's disobeying the Kings and Lords Idolatrous Decree, not to offer a Petition to any God or man for 30. days, save of King Darius, under pain of being cast into the Lion's Den, Dan. 6. 5. to 24. By the pharisees and chief Priests Officers neglect to apprehend our Saviour for his Preaching, though enjoined so to do by their Masters, john 7. 32. to 48. By the Apostles refusal to give over Preaching, and perseverance in Preaching, notwithstanding the High Priests and Counsels express Inhibitions and doubled Commands, seconded with Apprehensions, Imprisonments, Scourge; and their direct resolutions in this very case, d See Gratian Caus. 11. q. 3. That we ought to obey God rather than men, Acts 4. 12. to 22 cap. 5. 17. to the end. By Peter's Preaching to, and conversing with the Uncircumcised Gentiles, notwithstanding the Christian jews dislike, Acts 11. 1. to 19 with infinite Precedents of this nature in Ecclesiastical Histories; the very sufferings of all the e See Fox Acts & Monum. French Book of Martyrs, with others. Martyrs depending on this ground alone: which is backed by Matth. 10. 28. 32. 33. Luc. 12 4. 8. cap. 9 23. 24. 25. 26. Ezech. 2. 3. to 9 Rev. 13. 3. to the end. Rom. 12 1. 2. john 16. 2. 3. 1 Thess● 2 14. 15. 16. Exod 32. 2. Iosh 24 15. Psalm. 44. 15. to 23. Thirdly, That as all King's illegal unjust commands are void in Law, and will no ways extenuate the guilt, or justify the actions of those instruments who execute them in point of Law, as I have f Pag. 10. 11. etc. formerly cleared; so are they likewise mere nullities, and insufficient to excuse the executioners of them in point of Conscience; as is evident by, Psal. 52. 5. where God threatens to destroy Doeg the Edomite, for ever, to take him away, pluck him out of his dwelling place, and root him out of the land of the Living, for executing King Saul's bloody command upon the Priests at Nob, 1 Sam. 22. By God's exemplary punishment upon those Soldiers who by King Nebuchadnezars special command, bound the three Children and cast them into the fiery Furnace; who were slain by the flames of the Furnac●e, though these three Martyrs had no harm in the Furnace itself, Dan. 3. 20. to 28. By God's consuming the two Captains and their fifties with fire from heav●n, who came violently to apprehend the Prophet Elija● by King Ahaziah his commission, and unjust command, 2 King. 1. 9 to 16. By the Precept of john Baptist given to Soldiers themselves, Luke 3. 14. Do violence to no man: (neither by the Kings, nor General's Command) neither accuse any falsely. By 1 Tim. 5. 22. Lay hands suddenly on no man, (no more in a violent, Military, than an Ecclesiastical sense) neither be partakers of other men's sins: Compared with the next forecited Scriptures; with Rom. 1. 32. Math. 15. 14. Psal. 50. 18. 21. Prov. 1. 10. to 16. Oba●. ver●. 10. to 16. Isay 1. 23. with Isay 9 16. The leaders of this people cause them to err, and those th●t are led of them are destroyed. What therefore Saint john writes in another case, 2 john 10. 11. If there come any unto you (be he an Archbishop, Bishop, Archdeadon, Ferne himself, or any Court Chaplain whatsoever,) and b●ing not this Doctrine; receive him not into your house, neither bid him God speed; for he that biddeth him God speed, Is partaker of his evil Deeds: I shall apply to this particular of executing Kings unjust Commands against their people; they are partakers of their King's wickedness, if they do but entertain their unjust Commissions into their Houses or bid them God speed; much more if they execute them either voluntarily, or against their wills, out of an unworthy fear, or base respects. These three Conclusions being irrefragable, Arguments My first Argument to justify resistance from them shall be this. That violence against the Subject's persons, Consciences, Families, Estates, Properties, Privileges, or Religion, which neither the King himself in proper person, nor any his Officers, nor Soldiers by command from him, have any Authority by the Laws of God or man, in Law or Conscience to inflict: and which in Conscience ought not to be obeyed, but rejected as a mere nullity, even by the instruments enjoined for to execute it; may justly with a safe Conscience be ●esisted by the Parliament and Subjects; there being not one syllable in God's Word to contradict it. But the violence now offered by the King's Forces to the Parliament and Snubjects every where, is such. Therefore it may justly with a safe Conscience be resisted; especially in the King's Commanders and Soldiers, who are neither the King himself, nor the Higher Powers ordained by God; and no other than plain Thiefs and Murderers in Law and Conscience, if they plunder, kill, spoil; their Commissions being but Nullities in both; and they in this particular mere private men, without any Authority to justify their actions, as I have already proved. Secondly, That resistance which is warranted by direct Precedents recorded, approved in Scripture even by God himself, must questionless be lawful in case of conscience: But the resistance even of Kings, their highest Magistrates, officers in the execution of their unjust Commands is thus warranted. Therefore, doubtless, it must be lawful in point of Conscience. The Minor (only questionable) is thus confirmed. First, by the notable example of the Prophet E●ijah, 2 Kings 1. 2. to ●6. who sending back King Ahaziah his Messengers (sent by him to inquire of Baal● zebub the God of Ekron, whether he should recover of his disease) with an harsh Message to the King, contra●y to his Command, which they disobeyed; thereupon this King, in an angry fume, sent two Captains with 50. men apiece, one after another, to apprehend the Prophet for this affront; (as g Antiq●●ud. lib 9 c●p. 1. Ipse Prophetae cum ●ivatus vim●sses. ut 〈◊〉 sua fa●iat, vi ceactum eo pert●ahat etc. josephus, with other Interpreters accord,) who coming with their forces to him, said; Thou man of God, the King hath said, come down quickly. To whom he successively answered: If I be a man of God, th●n let fire come down from Heaven, and consume thee and thy fifty; And there came fire from heaven thereupon, and consumed two Captains and their fifties: but the third Captain and his fifty, who humbled themselves to the Prophet, and begged the sparing of their lives, were spared; the Angel of the Lord bidding the Prophet to go down with them to the King, and not be afraid. From which Text it is infallible, even by a divine Miracle from heaven, doubled by God himself; That it is lawful for Subjects in some cases, to resist the unjust violence of the Soldiers and Captains of their Kings though armed with their Regal Commands. Secondly, by the History of the Prophet Elisha, 2 Kings 6. 31, 32, 33. Who when King ●oram (his Sovereign) had sworn unjustly in his fury; God do so to me and more also, if the heàd of Elisha shall stand on him this day; and thereupon sent a Messenger before him to Elisha his house to take away his head; the Prophet was so far from submitting to this Instrument of his; that he Commanded the Elders sitting then with him in the house, to look when the Messenger came, and shut the door, and Hold him fast at the Door, though the sound of his Master's feet (the King) were behind him; whom he styles, the son of a Murderer. Might these two eminentest Prophets thus openly resist the Captains, Soldiers, and unjust Executioners of their Princes, with a good Conscience; and may not others lawfully do the like? No doubt they may. Thirdly, (If I be not much mistaken) this kind of resistance is warranted even by Christ himself, and his Apostles: For a little before his Apprehension, Christ uttered this speech unto his Disciples, Luke 22. 36, 37, 38. But Now, he that hath no Sword, let him sell his garment and buy one, etc.— And they said, Lord, behold, here are two Swords. And he said unto them, it is enough. Why would Christ have his Disciples buy Swords now, unless it were for his and their own better Defence, being the time when he was to be apprehended. h Matth. 26. Mar. 14. Luc. 22. john 18. Soon after this Judas and his Band of men sent from the High Priests, with Swords and Staves came to seize upon Christ. Which when they who were about him saw what would follow: They said unto him; Lord, shall we smite with the Sword? His commanding them to buy Swords now, was sufficient ground for this question, and intimation enough, that they might now use them: whereupon Christ giving no negative answer; One of them which were with jesus (and john directly saith it was Peter) smote a servant of the High Priest (whose name was Malchus) and cut off his right ear. Hereupon jesus answered and said, Suffer ye Thus far: So i Lu●. 22. ●0. 51. Luke; Mark relates no answer at all reprehending this fact: k john 18. 10. 11. john records his speech to Peter thus. Then, said jesus unto Peter, Put up thy Sword into the sheath. The Cup which my Father hath given me, shall I not drink? To which Matthew adds, l Math. 26. 52 53. thinkinst thou that I cannot pray to my Father, and he shall presently give me more than twelve Legions of Angels? But how then shall the Scriptures be fulfilled, that thus it must be? So that the reason why Christ bade Peter thus to put up his sword; was not because he thought defence of himself, and Peter's smiting now altogether unlawful in itself; but only inconsistent with Gods present providence, which it should seem to cross. Christ was now by m Acts 2. 23. cap. 4. 27. 28. Luk. 14. 21, 26● 27. Isay. 53. God's eternal decree, and the Scriptures prediction, (which must be necessarily fulfilled) to suffer death upon the Cross for our iniquities: should Peter then, with the other Disciples have totally resisted his apprehension at this time, and proceeded still to smite with the Sword as they began, till they had rescued our Saviour, he could not then have suffered, nor the Scriptures be fulfilled: had it not been for this special reason (rendered by Christ himself, to clear all scruples against the Lawfulness of self-defence in such cases,) Peter might still have used his sword to rescue his Master from these Catchpoles violence; and if he and his fellows had been too weak to withstand them, Christ was so far from imagining that he might not have lawfully defended himself; that he informs them, he could (and would no doubt) have presently commanded whole Legions of Angels from heaven, by his Father's approba●sion, to rescue him from unjust violence. And his Speech to Pilate, after his taking, plainly, justifies the lawfulness of such a forcible defence with Arms to preserve a man's life from unjust execution: john 18. 36 If my Kingdom were of this world, Then would my Servants fight (in my Defence and Rescue) that I should Not be delivered to the jews: but now my kingdom is not from hence. All which considered, clearly justifies, the Lawfulness of resisting the Kings, or higher Powers Officers, in cases of apparent unjust open violence or assaults; and withal answers one grand argument against resistance from our Saviour's present Example: namely, * See Doct. Fernes resolving of Conscience. An Appeal to thy Conscience, with others who much rely on this ill foundation. Christ himself made no resistance when he was unjustly apprehended; Ergo, Christians his Followers (Ergo, no Kings, no Magistrates too, as well as Christ the King of Kings, and Lord of Lords, for they are Christians as well as subjects;) ought not to make any forcible resistance of open violence: Which argument is a mere inconsequent; because the reason why Christ resisted not these Pursuivants, and High Priests Officers, was only, that his Father's decree, and the Scriptures foretelling his Passion might be fulfilled, as himself resolves; not because he deemed resistance Unlawful, which he even then approved, though he practised it not, as these Texts do fully prove. Fourthly, The lawfulness of a defensive War, against the invading Forces of a Sovereign, is warranted by the example of the City Abel; which stood out and defended itself against joab, David's General, and his Forces, when they besieged and battered it; till they had made their peace, with the head of Sheba who fled into it for shelter, 2 Sam. 20. 14. to 23. And by that of Ester, Ch. 8. 8. to 17. chap. 9 1. to 17. pertinent to this purpose. Where Haman having gotten the King's Decree, to be sent unto all Provinces for the utter extirpation of the whole Nation of the jews, the King after Hamans' Execution (through God's great mercy, and Mordecai's and Queen ester's diligence) to prevent this bloody massacre by their Enemies, granted to the jews in every City, by Letters under his Seal, To gather themselves together, and to stand for their lives, to destroy, to slay, and to cause to perish all the power of the people and Province That would Assault them, both little ones and women, and to take the spoil of them for a prey; and that the jews should be ready against the day, to avenge themselves of their enemies. Hereupon when the day, that the King's Commandment and Decree (for their extirpation) drew nee●● to be put in execution, in the day that the enemies of the jews hoped to have power over them; the jews gathered themselves together in their Cities, throughout all the Provinces of King Ahasuerus, to lay hand on such as sought their hurt; and no man could withstand them, for the fear of them fell upon all people: And all the Rulers of the Provinces, and the Lieutenants, Deputies, and Officers of the King helped the jews, because the fear of Mordecai fell upon them: So the jews smote all their enemies with the stroke of the Sword, and slaughter, and destruction, and did what they would unto those that hated them. In the Place they slew eight hundred men, and haman's ten sons, on several days. And the other jews that were in the Provinces, gathered themselves together, and Stood for their Lives, and had rest from their enemies, and slew of their foes seventy and five thousand, but they laid not their hands on the prey. Lo here a Defensive war, justified, and granted lawful, by the Kings own Letters to the jews, against their enemies, who by former Charters from him, had Commission wholly to extirpate them, Neither had this licence of the Kings in point of Conscience, been lawful, had their defence and resistance of the King's former Commission been wholly unlawful. And the reason of the Kings grant to them, to resist and slay their Enemies, that would assault them; was not simply, because their resistance without it, ad standing for their lives, had been unlawful, by reason of the King's first unjust Decree, which they ought not in Conscience to submit to, without repugnancy; But only to enable the jews, than Captives, and scattered abroad one from another in every Province, with more convenience, security, boldness, and courage now to join their forces together, to resist their malicious potent enemies; to daunt them the more thereby; Nature itself, yea, and all Laws in such a bloody national Butchery as this, without any j●st cause at all, both taught and enabled every one of the jews, to stan● for his life, his Nations, Religion's, preservation, even to the last drop of blood. Therefore the Letters of the King did not s●mply enable them to resist their enemies, which they might have done without them; but give them Authority to destroy, and slay the Wives and little children of their Enemy's, and to take the spoil of them for a prey; which they refused to do, because they deemed it unjust, notwithstanding the King's permission and concession, which as to these particulars, was illegal, and more than he could justly grant. This general national resistance of Gods own people then of their assaulting cruel Enemies, even among Strangers, in the land of their Captivity under a foreign Enemy, with the former and other following precedents, will questionless more than conjecturally prove, if not infallibly resolve, The lawfulness of a necessary Defensive War, and opposition by free Subjects, against their King's assailing Forces which seeks their ruin, though armed with their King's Commission, and that without any Ordinance of Parliament authorising them to resist, much more then, when enabled to oppose them by Ordinances of bo●h Houses, as the jews were to resist and slay their enemies by this King's Letters and Authority. Thirdly, That kind of resistance which hath no one Text, nor Example in Scripture to impeach its lawfulness, but many Texts and precedents to countenance it, must doubtless be lawful in point of Conscience. But the resisting of Kings invading pillaging, destructive Forces (who have nothing to plead, to justify all their Villainies but a void illegal Warrant) hath no one Text nor example in Scripture to impeach its lawfulness, for aught I can find; (and if there be any such, I wish the Opposites would object it, for R●m. 13. as I shall show hereafter, doth no ways contradict, but approve it:) But it hath many Texts and precedents to countenance it, as the premises and sequel attest: Therefore it must doubtless be lawful in point of Conscience. Fourthly, it is confessed by all men, (yea those who are most intoxicated with an o See 〈◊〉. Ofinder. Ench●nd Contr c. 9 & 10. 〈◊〉 anabaptistical spirit, condemning all kind of war, refusing to carry Arms to defend themselves against any Enemies, Thiefs, or Pirates) that it is lawful not only passively to resist their King's unlawful Commands, and invading Forces, but like wise by flight, hiding, or other policies, to evade and prevent their violence; which is warranted not only by p Exod. 2. 15. etc. Moses, q 1 Sam. 19 to 31. david's, and r 1 King. 19 Elijahs, their several flights from the violence of the Egyptians, Sa●●, and 〈◊〉 who sought their lives; but likewise by s Mat. 2. 13. 14● 15. I●seph, Mar●, and Christ himself, who fled into Egypt to escape the hand● and but cherry of King Herod; by Christ's own direction to his Disciples Matth● 10, 23. But when they persecute you in this City, flee ye into another; and that Prediction of his Matth. 23. 34. Behold, I se●d unto you Prophets, and wise men, and Scribes, and ●●me of them ye shall kill and crucify, and some of them shall you scourge in your Synagogues, and persecute them from City to City; which was really fulfilled. Acts 8. 3. 4. c. 9 12. c, 11. 19 c. 13 50, 51. c. 14 1 to 24. c. 17. 1. to 16. c. 22 42. c. 26. 11. 12. c. 9 24, 25, 26. ● Cor. 11. 32. 33. Rev. 12. 6. Of which read more in Tertullian his b●oke De Fuga in persecutione. Hence than I argue thus. That unjust violence of Princes and their Armies, which Subjects with a safe conscience may decline and flee from, when as they want power, means, or convenience to resist it, they may no doubt lawfully resist even with force of Arms, when they have sufficient means and conveniences to resist, and cannot flee or submit thereto, without the public ruin: since the same justice and equity, which enables them by flight or stratagem to decline unjust assaults of a superior power, or its judgements, doth likewise enable them to escape and prevent it with resistance, when they cannot do it by flight or other policy: If then they may lawfully with a safe conscience hide, flee, or use lawful policies, to prevent the open injust violence of their kings and their Officers, when not guilty of any capital crime deserving censures; because by the very light of nature, and Law of Charity they are obliged to preserve themselves from unjust tyranny; and are no ways bound to subject themselves to the cruelty, the unjust assaults, or oppressions of others: then by the selfsame reason, they may lawfully with force of Arms defend themselves against such violent unjust attempts which they are no way obliged to submit unto, when as they cannot conveniently secure themselves and the public, but by such resistance, and should both betray their own, the public safety, and Religion (as the Subjects and Parliament should now do) in case they did not resist by force of Arms to the utmost of their power: and become worse than Infidels, who have even thus oft provided for their own and the republics security. Fif●ly, God himself, the fountain of t I Tim. 5. 8. justice, the u Zeph. 3. 5. Esay 45. 2●. God of x 1 Cor. 1●. 33 40. Order, the y job 7. 20. preserver of humane society who detests of all tyranny▪ cruelty z Psal. 5. 6. Psal. 11. 5. oppression, injustice, out of his a John 3. 16. 1 John 49. philanthropy (which brought the Son of his bosom from heaven to earth) would never certainly in point of policy or conscience prohibit that, which is the only probable means and apparent, remedy, to prevent, suppress disorder, tyranny, cruelty, oppression, injustice, yea confusion in the world; and to preserve good order and humane society: a truth so apparent, that no rational man can contradict it. Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence, and hostile invasion made upon their people to ruin them, or subvert their established government, Laws, Liberties, justice, Religion: There being no other probable ordinary means left to any Kingdom, Nation, People, to preserve their government, lives, Laws, Liberties, Religion, and to prevent, suppress, or redress tyranny, cruelty, disorder, confusion, yea utter ruin, when their Kings and Governors degenerate into Tyrants, invading them with open force, but only defensive Arms: prayers and tears alone, without military opposition by force of Arms, being no more able to defend a person, City or Kingdom against Oppressing Princes and their Armies, then against thiefs, Pirates or common enemies; whom they must and aught to resist, as well with Arms as Orisons, with Spears as well as Tears, else they should but tempt the Lord and destroy themselves (like those b 1 Lar 2. 32. to 42. Alfonsià Carthagena Regum. Hisp. Acaphel. c. 44. jews and Goths who would not fight upon the Sabbath, and so were slain by their enemies without resistance:) yea wilfully suffer the Commonweal to be subverted, Religion extirpated; Laws trampled under feet, their own posterities to be enslaved, ruined without any opposition, even in a moment. For were it utterly unlawful, and no less than Treason or Rebellion, in point of conscience for any subjects to take up Defensive Arms to resist the King's army, or forces, consisting for the most part of Papists, Delinquents, deboist Athesticall persons of broken fortunes, seared consciences and most irreligious lives, I appeal to every man's conscience, how soon these unresisted Instruments of cruelty would utterly extirpate our protestant Religion, and common faith, for which we are enjoined earnestly to contend and strive: 〈◊〉 3. Phil. 1. 27. 28. And shall we then yield it up and betray it to our adversaries without strife or resistance? how suddenly would they ruin our Parliament, Laws, Liberties; subvert all civil order, government; erect an arbitrary Lawless tyrannical Regency regulated by no laws but will and lust? how soon would they murder, imprison, execute our Noblest Lords, Knights, Burgesses, best Ministers, and Commonwealthsmen for their fidelity to God, their King and Country? how many Noble families would they disinherit? how many wives, widows, Virgins would they force and ravish; what Cities, what Countries, would they not totally pillage, plunder, sack, ruin, consume with fire and sword? how soon would our whole Kingdom become an Acheldama, a wilderness, a desolation, and the surviving inhabitants either slaves or beasts, if not devils incarnate? Yea how speedy might any private Officers, Captains, Commanders, by colour of illegal Com●issions and commands from the King, or of their Offices, and all the notorious rogues and thiefs of England, under colour of being listed in the King's Army, if the people might not in point of Law or Conscience resist them with Arms who came armed for to act their villainies, maliciously rob, spoil, plunder, murder all the King's liege people, without any remedy or prevention, and by this pretext, that they are the King's Soldiers, suddenly seize and gain all the arms, treasure, forts, ammunition, power of the Realm, into their possessions in a moment; and having thus strengthened themselves, and slain the King's faithful subjects, usurp the crown itself if they be ambitious, as many private Captains and Commanders have anciently slain divers Roman and Grecian Emperors, yea sundry Spanish, Gothish and Moorish Kings in Spain by such practices and aspired to their Crowns, (of which there are sundry such like precedents in most other Realms:) to prevent, redress, which several destructive mischiefs to People, Kingdom, Kings themselves, God himself hath left us no other certain, proper, sufficient remedy but a forcible resistance, which all Kingdoms, Nations throughout the world, have constantly used in such cases, as I shall manifest more largely in the Appendix. Therefore certainly it must needs be lawful, being Gods and Nature's special Ordinance to secure innocent persons, Cities, Nations, Kingdoms, Laws, Liberties, Lives, Estates, Religion, and mankind itself, against the hurtful Lusts of unnatural Tyrants, and their accursed instruments, against ambitious, treacherous, male-contented Spirits, maliciously bend against the public weal, and peace. There are two things only which usually restrain inferior persons from murdering, robbing, disseising, injuring one another; the one is, fear of punishment by the Magistrate; the other, fear and danger of being resisted, repulsed with shame and loss of limb or life by those they violently assault, injure; and were this once believed, received for Law or Divinity in the world, that it were unlawful to resist, repulse a thief, murderer, riotor, or disseisor coming in the King's name, long enjoy his life, goods, liberty, lands, but some or other would deprive him of them notwithstanding all restraints of Laws, of penalties, and maintain suits against him with his own estate violently seized on; the right of lawful defence, being every man's best security, to preserve his life, estate, in peace against the violence of another, whence the wisdom of the Common Law, makes every man's house his Castle, in the necessary defence whereof, and of his person, goods from the violence, rape of others, it gives him liberty to beat, repulse, yea kill injurious assailants: which right of defence if once denied, would open a wide gap to all wickedness, injustice, disorders whatsoever, and speedily bring in absolute confusion, subversion of all property, Law, Order. As for Emperors, Kings, great Officers, and other ungodly instruments, armed with Princes unjust commissions, who deem themselves above the reach of humane Laws, censures, and accountable for their unjust actions to none but God himself, there is no other known bar or obstacle to hinder or restrain their armed violence, Tyranny, oppressions, but only the fear of the oppressed assaulted subjects armed resistance; which if once denied to be lawful, all Royalties would soon be transformed into professed Tyrannies, all Kings & Magistrates into Tyrants, all Liberty into slavery, property into community, and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousness, avarice, lusts, of the greatest men. Therefore doubtless this armed resistance cannot but be lawful, necessary, just, in point of Law and Conscience, to eschew these general mischiefs. Sixtly, all will readily grant it lawful in case of Conscience, for subjects to resist a foreign enemy which invades them with force of Arms, though animated by the King himself to such invasion; and why so, but because they are their enemies, who would wrongfully deprive them of their native inheritance, Liberties, estates, and work them harm; upon which ground, we read in the 2 Kings 3. 21. That when the Moabites heard that the Kings of Israel, judah and Edom came up to fight against them with a great Army, they gathered all that were able to put on armour, and upward to withstand them, and stood in the border; and when ever the Midianites, Phili●●ines, Syrians, Babylonians, Egyptians, Canaanites or other enemies came to assault the Israelites, they presently assembled together in Arms to encounter and repulse them, as the Histories of joshua, judges, Samuel, the Kings, Chronicles, and Nehemiah abundantly evidence, almost in every Chapter. If then Subjects may with a good Conscience resist forragin enemies on this ground alone; then likewise domestic foes and their Kings own Forces, when they become open enemies, to rob, kill, plunder, destroy them as inhumanely, as injuriously as the worst Foreign foes, there being the self same ground for the lawfulness of resistance of the one as the other, and if the balance incline to one side more than other, an intestine enemy being more unnatural, unjust, hurtful, dangerous, and transgressing more Laws of the Realm (which oblige not strangers) than a Foreigner, and a Civil war being far worse, and more destructive than a Foreign; the resistance of an homebred enemy, must be the more just and lawful of the two, even in point of Conscience. Seventhly, The very Law of God both alloweth and commands all men, to resist their spiritual enemies, with spiritual Arms: jam 4. 7. Resist the Devil and he will flee from you, otherwise he would easily subdue and destroy us. 1 Pet 5. 8. 9 Be sober and vigilant, because your adversary the devil as a roaring Lion walketh about seeking whom he may devour: whom resist steadfast in the faith, Ephes. 5. 10. to 19 Finally my brethren be strong in the Lord, and in the power of his might: Put on the whole Armour of God, that ye may be able to stand against the wiles of the devil. For we wrestle (or war) not against flesh and blood, but against Principalities, against powers, against the Rulers of the darkness of this world, against Spiritual wickedness (or wicked spirits) in high places. Wherefore take unto you the whole Armour of God, that ye may be able to withstand in the evil day, and having done all, to stand: Stand therefore having your loins girded about with truth, etc. Above all taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked; And take the helmet of Salvation, and the sword of the spirit, which is the Word of God: Praying always with all prayer and supplication. Hence Christians are termed, Soldiers of jesus Christ, and Ch●istianity a warfare, against the world, the flesh, and Prince of the world, the Devil: 2 Tim. 2. 3, 4. 2 Cor. 10. 3. 1 Tim. 1. 18. jam. 41. 1 Pet. 2. 11. Rom. 7. 23. 2 Cor. 10. 4. 1 Cor. 9 7. I say 41. 2. Rev. 12. 7. 17. In which warfare, we must fight and resist even unto blood striving against sin, Heb. 12. 4. Using not only prayers and tears, but other spiritual weapons of war, mighty through God, able to ●ast down every high thing that exalteth itself, to bring into Captivity every thought to the obedience of Christ, and to revenge all disobedience, 2 Cor. 10. 4. 5. 6. If then we may and must manfully resist, and fight against our Spiritual enemies, though Principalities, Powers, Rulers, wicked spirits in high Places, and the c john 14. 30. c. 12. 31. c. 16. 11. Prince of this world himself, the Devil, when they assault and seek to devour our souls: then by the selfsame reason, we lawfully with a safe conscience may, yea ought to resist, repulse our corporal enemies when they maliciously, un●u●●ly, forcibly assault us, against all rules of Law, of Conscience, to murder, enslave, destroy our bodies, Souls, Religion, the Republic, which must be dearest to us, though they be Principalities, Powers, Rulers, wicked Spirits in high Places, yea Princes of this world; with all their under Officers and Instruments of cruelty, not only with prayers and tears, but corporal Arms and force, because they unnaturally, tyrannically, seek the destruction of our bodies, estates, Liberties, Republic, Religion, there being no inhibition in Scripture, not to resist the one or other, but infinite Texts authorising men, not only to resist, but war against, yea slay their malicious open enemies, until they be subdued or destroyed, Exod. 23. 22. 27. Levi. 26. 7. 8. Num. 24. 8. Deut. 20. throughout. josh. c. 8. to c. 13. 2 Sam. 22. 38. to 42. 1 Chron. 17. 8. 10. Esth. 9 5. Neither do the Texts of Mat. 5 39 Luk. 6. 29. But I say unto you, that ye resist not ●vill, but whosoever sh●ll s●●ite thee on the right cheek●, turn to him the other also, and hi● that taketh away thy cloak, forbid not to take thy c●ate also; prohibit all actual resistance of public violence offered by enemies to our persons, goods, or lawful defensive wars; which precept (as is clear by the context, and resolved by d Gratian. Caus. 23. Qu. 1. Augustine, Gratia●, e Sum Theolog. pars. 3 qu. 47. m. 3. Os●ander Enchirid c. 9 De M●gist. Pol. Alensis, and ᶠ others) extends only to some private injuries and revenges, and to the inward patient preparation of the mind to suffer two injuries, rather then maliciously to revenge a single one, especially in cas●s where we want ability to resist; not to an actual bearing of all gross outward injuries to our persons or estates, without resistance: which precept being given generally to all Christians; to Kings and Magistrates as well as Subjects, if it be strictly urged, prohibits Kings and Magistrates to resist the violence and injuries of the people, as much as the people, not to repulse the Armed violence and oppressions of their Princes and Governors: and that Text of james 5. 6. Ye have condemned and killed the just, and he doth not resist you, (which some think is meant of Christ alone) proves only, that some just men, and many Martyrs have been condemned and killed without resistance, as our Saviour was; not that it is unlawful to resist an open enemy, thief or murderer, who comes to kill, rob, or plunder us against Law and Conscience. I read of f Grati●n Caus 23. qu. 1. les Fl●urs desvies des sanctes part. 2. p. 470. Saint Andrew, that when the people ran together in multitudes ●o rescue him out of the hands of a wicked man, and defend him from the injury of death, he teaching them both by word and example, exhorted them, not to hinder his martyrdom; yet the people lawfully rescued innocent jonathan, from that unjust death which his Father King Saul twice vowed he should undergo: g 1 Sam. 14. 15. 38. to 46. Some men's patient suffering death and injuries without resistance, is no better an argument, that all therefore must so suffer without opposition, then that all men ought to yield their purses up to highway thiefs, or their persons, goods, ships, to Turks and Pirates, without fight or resistance, because some, yea many have shamefully done it for want of courage when they were able to resist, and so have deservedly lost their purses, ships, goods, liberties, and become Turkish Galleyslaves, to the ruin of their estates, bodies, souls, which miseries by a manful just defence, they might have easily prevented. All which considered; I see no ground in Scripture, nor reason, but that temporal enemies of all kinds which wrongfully invade our persons or estates by open force of Arms in a warlike manner, may be resisted with temporal weapons, as well as spiritual enemies with spiritual Arms. Eighthly, That which all Nations in all ages by the very light of nature have constantly practised, as just and lawful, must doubtless h Rom. 2. 15. 15. be lawful in point of conscience, if there be no Law of God to the contrary. But self-defence against invading Tyrants and their instruments hath by the very light of Nature been constantly practised, by all Nations in all ages, as just and lawful, which the premises, the Appendix, the Histories of all age's evidence; there being never any one Nation or Kingdom for aught I find, that ever yet reputed it a thing unlawful in point of Conscience; to resist the open malicious destructive tyranny, violence, hostility of their unnatural Princes, or that desisted from any such resistance, giving themselves up willingly to their outrageous lusts and butch●ries, without any opposition (though some private men and Martyrs have sometimes done it, upon particular reasons, as to avoid the scandal of Religion; to bear witness to the truth, for the confirmation and conversion of others; or for want of power or opportunity to resist; or to avoid a general massacre of their fellow Christians, or because they were only a few private men; and their religion directly opposite to the Laws and government under which they lived, or the like, not because they judged all resistance simply unlawful, as i Dr. Fernes resolving of Conscience; An appeal to thy Conscience. blind Doctors falsely inform us, which I shall prove hereafter;) and there is no Law of God at all to prohibit such resistance: therefore doubtless it must be lawful, even in point of conscience. Ninthly, that which is directly opposite to what is absolutely illegal, and unjust in point of conscience, and the chief lawful obstacle and remedy, to prevent or redress it, must certainly be just, be lawful in the court of Conscience, since that which is directly opposite to that which is ●imply ill, and unjust, must necessarily be good and just. But necessary just defence by force of Arms, is directly opposite to that open Armed violence, and tyranny which is absolutely illegal and unjust in point of Conscience, and the chief lawful remedy and obstacle to prevent or redress it: as reason, experience and the premises evidence▪ Therefore it must necessarily be just and lawful, even in the Court of Conscience. Tenthly, That resistance which doth neither oppose the King's royal person, nor lawful Authority; must certainly be lawful in point of conscience: But the resistance of the Kings Forces not accompanied with his person, in the execution of his unjust commands; is neither a resistance of his Royal person, (for that is absent, and his Cavaliers I hope are no Kings, nor yet invested with the privileges of Kings; nor yet of his lawful Authority;) his illegal Commissions and Commands, being mere nullities in Law, transferring no particle of his just Authority to those who execute them. Therefore it must certainly be lawful in point of conscience. Eleventhly, That resistance which is the only remedy to keep not only Kings themselves, but every one of their Officers and Soldiers from being absolute Tyrants, Monarches; and the deny all whereof, equalizeth every soldier, and particular Officer to Kings, yea God himself (whose prerogative only it is to have an * Rome▪ 9 19 20. absolute unresistable will;) must doubtless be lawful in the Court of Conscience. But this necessary defensive resistance now used by the Parliament and Subjects, is such: For if they may not resist any of the King's Officers or Soldiers in their plunderings, rapines, fierings, sackings of Towns, beating, wounding, murdering the King's liege people and the like; will not every common Soldier and Officer be an absolute Tyrant, equal in Monarchy to the great Turk himself, and paramount the King, who hath no absolute irresistible Sovereignty in these particulars? Either therefore this resistance must be granted, not only as lawful, but simply necessary, else every officer and common Soldier will be more than an absolute King and Monarch, every subject worse than a Turkish slave, and exposed to as many uncontrollable Sovereigns, as there are Soldiers in the King's Army, be their conditions never so vile, their quality never so mean, and the greatest Peers on the Parliaments party, must be irresistably subject to these new absolute Sovereign's lusts and wills. Twelfthly, if all these will not yet satisfy Conscience in the Lawfulness, the justness of the Parliaments and peoples present forcible resistance of the King's Captains and Forces, though Armed withan illegal Commission (which makes nothing at all in the case, because void in Law) there is this one Argument yet remaining which will satisfy the most scrupulous, malignant, opposite Conscience: That necessary forcible resistance which is Authorised, and Commanded by the Supremest lawful power and highest Sovereign Authority in the Realm, must infallibly be just and lawful, even in point of Conscience, by the express Resolution of Rom. 13. and our opposites own confession; who have k See Doctor Fern●; Appeal to thy Conscience; The Grand Rebellion; The Necessity of Christian Subjection, and others, no other Argument to prove the Offensive war on the King's part Lawful, but because it is commanded; and the Parliaments and Subjects Defensive Arms Unlawful, but because prohibited by the King, whom they falsely affirm, to be the highest Sovereign power in the Kingdom, above the Parliament and whole Realm collectively considered. But this resistance of the King's Popish malignant, invading Forces; is Authorized and Commanded by the express Votes and Ordinances of both Houses of Parliament, which I have already undeniably manifested, to be the Supremest Lawful Power, and Soveraignest Authority in the Realm, Paramount the King himself, who is but the Parliaments and Kingdoms Public Royal Servant for their good: therefore this Resistance must infallibly be just and Lawful, even in Point of Conscience. Thus much for the Lawfulness in Court of Conscience of resisting the Kings unjustly assaulting Forces, armed with his Commission: I now proceed to the justness of opposing them by way of forcible resistance when accompanied with his personal presence. That the King's Army of Papists and Malignants, invading the Parliaments or Subjects persons, goods, Laws, Liberties, Religion, may even in Conscience be justly resisted with force, though accompanied with his person, seems most apparently clear to me, not only by the preceding Reasons, but also by many express Authorities recorded, and approved in Scripture, not commonly taken notice of: as, First, By the ancientest precedent of a defensive war that we read of in the world, Gen. 14. 1. to 24. where the five Kings of S●dom, Gomorrah, Admah, Zeboiim, and Zoar, rebelling against Chedorlaomer King of Nations, after they had served him twelve years, defended themselves by arms and battle against his assaults, and the Kings joined with him: who discomfiting these five Kings, pillaging S●dom and Gomorrah, and taking Lot, and his goods along with them as a prey: hereupon Abraham himself, the Father of the faithful, in defence of his Nephew Lot, to rescue him and his substance from the enemy, taking with him 318. trained men of his own family, pursued Chedorlaomer, and the Kings with him, to Dan, assaulted them in the night, smote and pursued them unto Hoba, regained all the goods and prisoners, with his Nephew Lot, and restored both goods and persons freely to the King of Sodom, thereby justifying his and his people's forcible defence, against their invading enemies, in the behalf of his captivated plundered Nephew and Neighbours. Secondly, by the Example of the Israelites, who were not only King Pharaoh his Subjects but Bondmen too, as is evident by Exod, ch. 1. to 12. Deut. 6. 21. c. 7. 8. c. 15. 15. c. 16. 12. c. 24. 18. 22. Ezra. 9 9 Now Moses and Aaron being sent by God to deliver them from their Egyptian bondage, after 430. years' captivity, under colour of demanding but three day's liberty to go into the wilderness to serve the Lord, and Pharaoh, (notwithstanding all God's Miracles and Plagues,) refusing still to let them depart, till enforced to it by the slaughter of the Egyptians first borne; as soon as the Israelites were marching away, Pharaoh and the Egyptians, repenting of their departure, pursued them with their Chariots and Horses, and a great army even to the red Sea, to reduce them; hereupon the Israelites being astonished and murmuring against Moses, giving themselves all for dead men; Moses said unto the people fear ye not, stand still, and see the Salvation of the Lord, which he will show to you this day: for the Egyptians whom you have seen to day, ye shall see them again no more for ever, the Lord shall fight for you, etc. And hereupon God himself discomfited routed, and drowned them all in the red Sea: I would demand in this case, whether the Isralites might not here lawfully (for their own redemption from unjust bondage) have fought against and resisted their Lord, King Pharaoh, and his invading Host, accompanied with his presence, had they had power and hearts to do it, as well as God himself, who fought against and destroyed them on their behalf; If so, (as all men I think must grant, unless they will censure God himself) than a defensive war in respect of life and liberty only, is just and Lawful even in conscience, by this most memorable story. Thirdly, by that example recorded judges 3. 8. 9 10. where God growing angry with the Israelites for their Apostasy and Idolatry, sold them (here was a divine title) into the hands of Cushan-Rishathaim King of Mesopotamia, and the children of Israel served him 8. years. Here was a lawful title by conquest and 8. years' submission seconding it. But when the children of Israel cried unto the Lord, the Lord raised up a deliverer to them even Othniel, the son●e of Kenaz: and the Spirit of the Lord came upon him, and he went out to war, and the Lord delivered Cushan-rishathaim King of Mesopotamia into his hands, and his hand prevailed against him, so the land had rest 40. years. Lo here a just defensive war approved and raised up by God and his Spirit (in an ordinary manner only, as I take it, by encouraging the Instruments) wherein a conquering King, for Redemption of former liberties, is not only resisted but conquered, taken prisoner, and his former dominion abrogated, by those that served him, as conquered subjects. Fourthly, by the example of Ehud, and the Israelites, judges chap. 3. 11. to 31 where we find, God himself strengthening Eglon King of Moab against the Israelites for their sins, who thereupon gathering an Army smote Israel, possessed their Cities, so as the Israelites served this King 18. years. Here was a title by conquest, approved by God, submitted to by the Israelites: yet after all this, when the children of Israel cried unto the Lord, he raised them up a deliverer, namely Ehud, who stabbing Eglon the King in the belly, under pretext of private conference with him, and escaping; he thereupon blew the trumpet, commanded the Israelites to follow him to the war, slew ten thousand valiant men of Moab, which he subdued, and procured rest to his Country 40. years. God, his Spirit, Word, approving this his action. Fifthly, by the example of Barack and Deborah, judge's ch. 4. and 5. Where God selling the children of Israel for their sins into the band of jabin King of Canaan, and his Captain Sisera, for 20. years' space, during which he mightily oppressed them, hereupon Barack at the instigation of the Prophetess Deborah, by the command of the Lord God of Israel, gathered an Army of ten thousand men; which Sisera, and the King of Canaan hearing of, assembled all their Chariots and Army together, at the River of ●ishon, where the Lord discomfited Sisera and all his Host, with the edge of the sword before Barack his Army, and subdued jabin the King of Canaan, before the children of Israel: which war is by a special Song of Deborah and Barack highly extolled, and God in it, as most just and honourable: and this curse denounced against those that refused to assist in it, judges 4. 23. Curse ye Meroz (saith the Angel of the Lord) curse ye bitterly the inhabitants thereof, because they came not out to the help of the Lord, to the help of the Lord, against the mighty; with this Corollary; so let all thine enemies p●rish O Lord: but let them that love thee be as the sun when it goet forth in his might. What more can conscience desire to justify the lawfulness of a just defensive war? Sixthly, by the Example of Gideon and the Israelites, judges c. 6. Who being delivered by God into the hands of the Prince of Midian for seven years, Gideon by special encouragement and direction from God himself, with a poor despicable Army of 300. men, defeated the great Host of the Midianites, and took and slew their Princes. By these 4 last pregnant precedents, it is most evident, that a foreign King who hath gained a Title only by conquest (though with divine concurrence, by way of punishment for that people's sin) may lawfully be resisted, repulsed, even after some years forced subjection and submission to him, by the people conquered, to regain their former liberties. Seventhly, by the precedent of Abimelech King of Shechem, who being elected King by the voluntary assents of the people, God afterwards sending an evil spirit of division between Abimelech and the men of Shechem; thereupon they revolted from him, and choosing Gael for their Captain, fortified the City against him; and when Abimelech came with an Army to take in the Town, they in their defence, went forth and fought with him; resisted his siege; and they of the Tower of Shechem standing upon their guard refused to surrender it after the Town was surprised, and so were burnt. After which coming too near the walls, at the Tower of Thebez assaulted by Abimelech he had his brains and head so bruised with the piece of a millstone cast down upon him by a woman, that he called hastily to his Armour-bearer, and said unto him, draw thy sword and slay me, that men say not of me; a woman slew him: whereupon he thrust him through, that he died: and so every man departed to his place. Thus God rendered the wickedness of Abimelech, and all the evil of the men of Shechem upon their own heads, judges 9 So the Text. Eighthly, by the example of jepthah, who after that God had sold the Israelites for their Idolatry into the hands of the children of Ammon 18. years' space, jepthah being made head and Captain by the Elders and people of Gilead, first argued the case with the King of Ammon touching the unjustness of his war upon them, desiring God to be judge between them; and then by God's assistance, smote and subdued the Ammonites and their Cities, judg. c. 11. And so cast off their yoke. Ninthly, By the practice of Samson, who after God had delivered the Israelites into the hands of the Philistimes who ruled over them forty years' space, did by God's extraordinary assistance oft encounter, slay and resist the Philistimes, rescuing the oppressed Israelites from their vassalage; and at his death slew more of them then in his life, judg. c. 13. to 17. which deliverance was afterwards perfected by Samuel, 1 Sam 7. and approved, nay, wrought by God. Tenthly, by the Example of David, who being persecuted by fedifragous' dissembling King Saul his father-in-law (a notable pattern of the inconstancy and invalidity of Kings solemnest oaths and Protestations:) who contrary to many solemn vows and feighned reconciliations, sought unjustly to deprive him of his life; thereupon David retired from the Court, entertained a guard of four hundred men, and became a Captain over them. 1 Sam. 22. 2. After which Abiather escaping to him from Nob when the Priests there were slain by Doeg, upon Saules command, for David's sake, David used these words to him. Abide thou with me, fear not, for ●e that seeketh thy life seeketh my life, but with me thou shalt be in safeguard, 1 Sam. 22. 23. Soon after the Philistimes beseiging Keilah, David by God's encouragement, smote them and saved Keilah; intending there to secure himself and his men: which Saul hearing of, said; God hath delivered him into my hands, for he is shut in by ●ntring into a Town which hath gates and bars, whereupon he called all the people together to beseige David and his men: (which he needed not do, did he or any else believe, that they would not, ought not to have made any forcible resistance:) David informed hereof; enquired seriously of God, whether Saul would certainly come down? and demanded twice of him● will the men of Keila● deliver me and my men up in●o his hand? And the Lord said, they will deliver thee up. Had not David and his men resolved to fortify and defend themselves there, if the men of Ke●lah would have been faithful to them, and believed they might have resisted Saul with his Forces, certainly he would never have presumed to ask such a question twice together of God himself, to receive his resolution therein, neither would God have vouchsafed an answer thereto: but his double inquiry, and God's resolution, infallibly demonstrate his intention to resist, and the lawfulness of his defensive resistance, would the Keilites have adhered to him. This the very next words fully clear, 1 Sam. 23. 13. Then David and his men, about six hundred a rose, and departed out of Keilah, an● went wheresoever they could go, and it was told Saul, that David was escaped from K●ilah: God's prediction of the Keilites treachery was the only cause of their departure thence, where they had resolved to defend themselves, of which hope being disappointed beyond expectation, they went whithersoever they could go. After which David and his men being but few in number, not able in humane probability, without tempting God, to encounter Saul's great Forces, retired themselves into woods, mountains, rocks, strong holds, wildernesses; where Saul pursuing them, they still declined him: but had he and his army ever assaulted them, no doubt they would and might lawfully have defended themselves, else why did they join themselves in a body? why retire to strong holds, and places of advantage? why * 1 Sam. 23 13 to 29. c. 24. 1. to 20. etc. 26. twice urge David to kill Saul in cold blood, when he did not actually assault him, but came casually unawares within his danger? Why did David himself say, even when he spared his life when he was a sleep, 1 Sam. 26. 10. As the Lord liveth, the Lord shall smite him, or his day shall come to die, or he shall descend into battle and perish? but that if he had given him battle, he might have defended himself against him, though Saul should casually or wilfully perish in the fight? And why was David so importunate to go up against him with King Achish to the battle wherein he perished, 1 Sam. 29. were resistance of him, in case he assaulted him, and his Forces, utterly unlawful? This precedent of David then, if rightly weighed, is very punctual, to prove the justness of a defensive war, (of which mor● anon) and no evidence at all against it. Eleventhly, by the practice of the 10. Tribes: who after their revolt from Rehoboam for giving them an harsh indiscreet answer to their just demands, setting up another King and Kingdom, even by divine approbation; Rehoboam thereupon raising a great Army to fight against and reduce them to his obdience; God himself by Semaiah the Prophet, sent this express inhibition to Rehoboam and his Army: Thus saith the Lord, ye shall not go up, nor fight against your brethren return every man to his house, FOR THIS IS DONE OF ME: Whereupon the obeyed the Word of the Lord and returned: 1 Kings 12. 2 Chron. c. 10. and 11. After which long war continued between these Kingdoms by reason of this revolt, wherein the ten Tribes and Kings of Israel still defended themselves with open force, and that justly, as the Scripture intimates 2 Chron. 12. 14. 15. though that jeroboam and the Israelites falling to Idola●y, were afterwards (for their Idolatry, not revolt) defeated by Abiah and the men of judah, who relied upon God, 2 Chron. 13. Twelfthly, by the example of the King of Moab and his people, who Rebelling against jehoram King of Israel, and refusing to pay the annual Tribute of Lambs and Rams, formerly rendered to him; hereupon jehoram, jehoshaphat, and the King of Edom, raising a great Army to invade them, the Moa●ites hearing of it, gathered all that were able to put on Armour, and upward, and stood in the border to resist them. 2 King. 3. 4. to 27. And by the practice of the Ed●mites, who revolting from under the hand of judah, made a King over themselves: Whereupon joram King of Iud●h going up with his Forces against them to Zair, they encompassed him, in their own defence; and though they fled into their Tents, yet they revolted from judah till this day, and Libnah too, 2 Kings 8. 20 21. 22. Thirteenthly, by the example of Samaria, which held out 3. years' siege against Shalmanezer King of Assyria, notwithstanding their King Hoshea had by force submitted himself and his Kingdom to him, and became his servant. 2 Kings 17. 3. to 10. c. 18. 9 10. Fourteen, by the practice of godly Hezechiah, who after the Lord was with him and prospered him whithersoever he went, REBELLED against the King of Assyria, and served him not (as some of his predecessors had done) 2 Kings 18. 7. whereupon the King of Assyria, and his Captains coming up against him with great Forces, and invading his Country, he not only fortified his Cities, and encouraged his people manfully to withstand them to the uttermost, but actually resisted the Assyrians even by divine direction and encouragement; and upon his prayer, God himself by his Angel for his and Jerusalem's preservation, miraculously sl●w in the Camp of the King of Assyria in one night, an hundred fourscore and five thousand mighty men of valour, Captains and Leaders; so as he returned with shame of face to his own Land, 2 King. c. 18. and 19 2 Chron. c. 32. Isay c. 36. and 37. An Example doubtless lawful beyond exception, ratified by God himself and his Angel too. Fifteenthly, by the examples of King jehoiakim, and jehoiakin, who successively rebelling against the King of Babylon who subdued and put them to a tribute, did likewise successively defend themselves against his invasions, sieges though with ill success, by reason of their gross Idolatries and other sins, (not of this their revolt and defence to regain their freedoms, condemned only in Ze●echia, for breach of his * 2 Chron. 36. 13. Ezek. 17. 10. 18. 19 oath;) whereby they provoked God to give them up to the will of their enemies, and to remove them out of his sight, 2 King. c. 24. & 25 2 Chr. 36. jer. c. 37. & 38 & 39 Finally, by the History of the Maccabees and wholestate of the jews defensive wars under them, which though but Apocryphal in regard of the compiler, yet no doubt they had a divine Spirit concurring with them in respect of the managing and Actors in them. I shall give you the sum thereof, very succinctly. Antiochus Epiphanes conquering jerusalem, spoiled it and the Temple, set up Heathenish customs and Idolatry in it, subverted God's worship, destroyed the Books of God's Law, forced the people to forsake God, to sacrifice to Idols, slew and persecuted all that opposed, and exercised all manner of Tyranny against them. Hereupon Mattathias a Priest and his Sons, moved with a godly zeal, refusing to obey the King's Command in falling away from the Religion of his Fathers, slew a jew that sacrificed to an Idol in his presence, together with the King's Commissary, who compelled men to Sacrifice, and pulled down their Idolatrous Altar; which done they fled into the mountains, whither all the will-affected Iewes repaired to them. Whereupon the King's Forces hearing the premises pursued them, and warred against them on the Sabbath day; whereupon they out of an overnice superstition o 1 Mac. 2. 32. to 42. lest they should profane the Sabbath by fight on it when assaulted, answered them not, neither cast a stone at them, nor stopped the places where they were hid, but said, let us die all in our innocence; heaven and earth shall testify for us, that you put us to death wrongfully, whereupon they slew both them, their wives, and children, without resistance, to the number of a thousand persons. Which Mattathias and the rest of their friends hearing of, mourned for them right sore, and said one to another (mark their speech) if we all do as our brethren have done, and fight not for our lives, and Laws against the Heathen, they will now quickly root us out of the earth; therefore they decreed, saying; whosoever shall come to make battle with us on the Sabbath day, we will fight against him, neither will we do all as our brethren, that were murdered in their secret places. Whereupon they presently gathered and united their Forces, assaulted their enemies, recovered their Cities, Laws, Liberties; defended themselves manfully, and fought many battles with good success against the several kings who invaded and laid claim to their Country, as you may read at large in the books of Maccabees. All these examples, (most of them managed by the most pious, religious persons of those days, prescribed and assisted by God himself, whose Spirit specially encouraged, strengthened the hands and Spirits of the undertakers of them (as p Enchirid. Controvers. c. 9 De Magistrate Polit. O fiander well observes,) and therefore cannot be condemned as unjust, without blasphemy and impiety:) in my opinion are a most clear demonstration of the lawfulness of a defensive war (in point of Divinity and Conscience) against Kings and their Armies who wrongfully invade or assault their Subjects, though themselves be personally present in their armies, to countenance their unlawful wars; and likewise evidence, that a Royal title gotten forcibly by conquest only, though continued sundry years, is not so valid in point of conscience, but that it may be safely questioned, yea rejected; there being no true lawful Title of Sovereignty over any people, but that which originally depends upon their own free election, and unconstrained subjection simply considered, or which is subsequently seconded therewith after a possession got by force or conquest. Now that the kings personal presence cannot justify the unjust actions, or protect the persons of those that assist him in any unlawful action contrary to the Laws of God, or the Realm, is a truth so evident, that it needs no proof, it being no part of the kings Royal prerogative or Office, but diametrally repugnant to it, either to do injury himself, or to authorise, or protect others in committing it, as I have elsewhere proved at large. Therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his Subjects, nor dis-able them to defend or repulse their unjust assaults and rapines. For suppose a King should so far degenerate and dishonour himself, as personally to accompany a pack of thiefs who should rob his subjects on the high way, break up their houses in the night, or practise piracy on the Sea, or commit Rapes or murders on his people every where; I think no man so void of Reason, Law, Conscience, but would readily grant, that the Subjects in all these cases might lawfully defend themselves by force against these Robbers, Thiefs, Murderers, notwithstanding the King's presence or association with them, whose personal Prerogatives, and immunity from assaults or violence being incommunicable, underivable to any other, and peculiar to himself alone, he can transfer no such protection to others who accompany him in their injurious practices; and that these Acts of theirs are direct felony and murder, for which they might be justly apprehended, condemned, executed, though thus countenanced by the Kings own presence. And if this be truth (as our Law-bookes resolve, and the Scripture to in places forecited) the king's presence can no more deprive the subjects of their necessary just defence against his Popish Forces assaults, nor justify their proceedings, or the present unjust offensive war, then in the former cases, there being the selfsame reason in both; wars being in truth, but greater and more detestable Murders, and Robberies, when they are unjust, as q Epist. l. 2. Ep. 2. Donat●. Cyprian, r De Ciu. Dei. l. 4. c. 4. Augustine, with s Ofiander; Enchrid. Cont c. 9▪ De Polit. Magist. qu. 3. p. 203. Abber. Gentilis de jure Belli. l. 1. c. 5. Hugo Grotius. de jure Belli l. 2. c. 1. §. 2. others rightly define. Thirdly, personal un●ust assaults and violence even of Kings themselves may in some cases lawfully be resisted by subjects; This Doctor Ferne himself acknowledgeth, Sect. 2. p. 9 Personal defence is lawful against the sudden (much more than against the premeditated) and illegal assaults of such Messengers of the King; yea, OF THE PRINCE HIMSELF THUS far, to ward his blows, to hold his hands and the like: not to endanger his person, not to return blows; no: for though it be natural to defend ● man's self, yet the whole commonwealth is concerned in his person: the king therefore himself, (much more in his Cavaliers) may thus far at least safely be resisted in point of conscience. And that he may be so indeed is manifest by two pregnant Scripture examples, The first is that of King Saul, 1 Sam 14. 38. to 46. where jonathan and his Armour-bearer, routing the Philistimes whole Army, violated his Father Saul's command, of which he was wholly ignorant in taking a little honey one the end of his stick in the pursuit; hereupon king Saul, most rashly and unjustly vowed twice one after another, to put him to death: whereupon the people much discontented with this injustice, were so far from submitting to the King's pleasure in it, that they presently said to the king: shall jonathan die, who hath wrought so great Salvation in Israel? God forbid: As the Lord liveth there shall not one hair of his head fall to the ground, So the people RESCVED JONATHAN that he died not; though he were not only King Saul's Subject, but Son too. Indeed it appears not in the Text, that Saul offered any violence to Jonathan's person, or the people to Saul's: and it may be the people's peremptory vow and unanimous resolution to defend jonathan, from this unjust sentence of death against him, made Saul desist from his vowed bloody intendment: but the word rescued, with other circumstances in the story, seem to intimate, that jonathan was in hold to be put to death, and that the people forcibly rescued him, out of the executioners hands. However, certainly their vow and speeches declare, that if Saul himself or any other by his command had assaulted jonathan to take away his life, they * joseph as Antiq. judae l. 4. c. 8, p. 104 would have forcibly resisted them and preserved his life, though with loss of their own, believing they might lawfully do it, else they would not have made this resolute vow; nor could they have performed it, had Saul wilfully proceeded, but by a forcible rescue and resistance of his personal violence. The other is that of king Vzziah, 2 Chron. 27. 1●. to 22. who presumptuously going into the Temple against God's Law, to burn incense on the Altar, Azariah the high Priest, and with him fourscore Priests of the Lord, that were valiant men went in after him, and WITHSTOOD (or resisted) Vzziah the king; and said unto him; It appertaineth not unto thee Vzziah to burn incense unto the Lord, but to the Priests the sons of Aaron, that are consecrated to burn incense: go out of the Sanctuary for thou hast trespassed, neither shall it be for thine honour from the Lord God. Then Vzziah was wroth, and had a censor in his hand to burn incense, and whiles he was wroth with the Priests, the Leprosy rose up in his forehead: And Azariah, and all the Priests looked upon him, and behold he was Leprous in his forehead: AND THEY THRUST HIM OUT FROM THENCE; yea himself hasted also to go out, because the Lord had smitten him. If then these Priests thus actually resisted king Vzziah in this sinful Act, thrusting him perforce out of the Temple, when he would but offer incense; much more might they, would they have done it, had he violently assaulted their persons. If any king shall unjustly assault the persons of any private Subjects, men or women, to violate their lives or chastities (over which they have no power) I make no doubt, that they may and aught to be resisted, repulsed, even in point of conscience, but not slain; though many kings have lost their lives, upon such occasions: as s Philip. de Melanct. Chr. l. 4. Dr Beards Theatre of God's judgements l. 2. c. 29. p. 400. Rodoaldus the 8. king of Lombary Anno 659. being taken in the very act of adultery by the adulteresses husband, was slain by him without delay; and how kings attempting to murder private Subjects unjustly, have themselves been sometimes wounded, and casually slain, is so rise in stories, that I shall forbear examples: concluding this with the words of ᵗ josephus, who expressly writes. That the king of the Israelites (by God's express Law, Deut. 17.) was to do nothing without the consent of the high Priest and Senate, nor to multiply money and horses over much, which might easily make him a contemner of the Laws; and if he addicted himself to these things more than was fitting, HE WAS TO BE RESISTED, lest he became more powerful than was expedient for their affairs. To these Authorities, I shall only subjoin these 5. undeniable arguments to justify Subjects necessary defensive wars, to be lawful in point of conscience against the persons and Forces of their injuriously invading Sovereigns. First, it is granted by all as a truth irrefragable, that kings by Force of Arms may justly with safe conscience, resist, repulse, suppress the unlawful warlike invasive assaults, the Rebellious armed Insurrections of their Subjects, upon these two grounds, because they are u Numb. 16. Rom. 13. 1. to 6. 1 Pet. 2. 13. 14. unlawful by the Edicts of God and man; and because kings in such cases, have no other means left to preserve their Royal persons, and just authority against offensive armed Rebellions, but offensive arms: Therefore Subjects by the selfsame grounds, may justly with safe consciences resist, repulse, suppress the unjust assailing military Forces of their kings in the case fore-stated, though the king himself be personally present and assistant, because x Esay 14. 19 to 23. Ezech. 44. 15. 16. 17. Zech. 11. 4. 5 1 King. 25. 2 King. 24. 4. such a war is unlawful by the resolution of God and men, and against the oath, the duty of kings: and because the subjects in such cases have no other means left to preserve their persons, lives, liberties, estates, religion, established government from certain ruin, but defensive Arms, There is the self same reason in both cases, being relatives, therefore the selfsame Law and Conscience in both. Secondly, It must be admitted without debate; that this office of highest and greatest trust, hath a condition in Law annexed to it (by Littleton's own resolution) to wit, that the King shall well and truly preserve the Realm, IMPLIED ● Estates upon Credit. 1. Sect. 378. 379. and do that which to such Office belongeth; which condition our king by an express oath to all his people solemnly taken at their Coronation, ● Part. 1. p. ●1. to 74. with other Articles expressed in their oath (formerly recited) is really bound both in Law and Conscience exactly to perform, being admitted and elected king by the people's suffrages upon solemn promise, a Part. 1. p. 51 to observe the same condition to the uttermost of his power, b De Princip. l. 1. 2. 3. 6. as c Praefat. ad Rub. de collationibus, p. ●83 584. I have e De jure Belli & Peace l. 2. c. 11. 12, 13, 24. elsewhere cleared. Now it is a clear case resolved by f Gen. 9 9 16 c. 17. 7. 13. Ps. 89. 28. 34. Ps. 105. 10. Ps. 111. 9 Esay 55. 3. Esay 33. 20. 21. josh. 21. 45. c. 23. 14. Heb 6. 17. 18 Marius Salamonius, confirmed at large by Rebussus by 12. unanswerable reasons, the Authorities of sundry Civil Lawyers, and Canonists quoted by him; agreed by d De jure Belli. l. 2. c. 12, 13. l. 3 c. 14, 15, 16 Alberi●us Gentilis, and Hugo Grotius, who both largely dispute it; That Kings as well as Subjects are really bound to perform their Covenants, Contracts, Conditions, especially those they make to all their Subjects, and ratify with an Oath; since God himself who is most absolute, is yet most f Gen. 9 9 16 c. 17. 7. 13. Ps. 89. 28. 34. Ps. 105. 10. Ps. 111. 9 Esay 55. 3. Esay 33. 20. 21. josh. 21. 45. c. 23. 14. Heb 6. 17. 18 firmly obliged by his Outhes and Covenants made to his despicable vile ●reatures, sinful men; and never violates them in the lea●● degree. If then these conditions and Oaths be firm and obligatory to our kings; if they will obstinately break them, by violating their Subjects Laws, Liberties, Properties, and making actual war upon them; the condition and Oath too would be merely void, ridiculous, absurd, an high taking of the Name of God in vain, yea a plain delusion of the people, if the whole▪ State or people in their own defence might not justly take up Arms, to resist their kings and their malignant Forces in these perfidious violations of trust, conditions, oaths; and force them to make good their oaths and covenants, when no other means will induce them to it. Even as the Subjects oath of homage and allegiance g Groti●● De jure Belli l. 2. c. 14, Sect. 3. would be merely frivolous, if kings had no means nor coercive power to cause them to observe these oaths, when they are apparently broken: and many whole kingdoms had been much overseen in point of Policy, or prudence, in prescribing such conditions and oaths unto their kings, had they reserved no lawful power at all which they might lawfully exercise in point of conscience, to see them really performed and duly redressed, when notoriously transgressed, through wilfulness, negligence, or ill pernicious advice. Thirdly, when any common or public trust is committed to three or more, though of subordinate and different quality, if the trust be either violated or betrayed, the inferior trusties, may and aught in point of Conscience to resist the other. For instance; if the custody of a City or Ca●tle be committed to a Captain, Leiutenant, and common Soldiers: or of a ship to the Master, Captain, and ordinary Mariners: If the Captain or Master will betray the City, Castle, or ship to the enemy or Pirates; or dismantle the City walls and fortifications to expose it unto danger, or will wilfully run the ship against a rock to split, wreck it, and endanger all their lives, freedoms, contrary to the trust reposed in them; or fire or blow up the City, Fort, ship: not only the Lieutenant Master's Mate, and other inferior Officers, though subject to their commands, but even the Common Soldiers and Mariners may withstand and forcibly resist them, and are bound in Conscience so to do, because else they should betray their trust, and destroy the City, Fort, ship, and themselves too, which they are bound by duty and compact to preserve. This case of Law and conscience is so clear, so common in daily experience that no man doubts it: The care and safety of our Realm by the original politic constitution of it, always hath been and now is, committed jointly to the king, the Lords, and Commons in Parliament, by the unanimous consent of the whole kingdom. The king the supreme member of it, contrary to the trust and duty reposed in him, through the advice of evil Councillors wilfully betrays the trust and safety of this great City and ship of the Republic; invades the inferior Commanders, Soldiers, Citizens, with an Army: assaults, wounds, flayes, spoils, plunders, sacks, imprisons his fellow trusties, Soldiers, Mariners, Citizens, undermines the walls, fires the City, ship, delivers it up to thiefs, Pirates, murderers, as a common prey, and wilfully runs this ship upon a rock of ruin. If the Lords and Commons jointly entrusted with him, should not in this case by force of Arms resist him, and his unnatural instruments, (there being no other means else of safety left them) they should sinfully and wilfully betray their trust, and be so far from keeping a good Christian Conscience in not resisting by force, that they should highly sin against Conscience, against their trust and duty, against their natural Country, yea and their very Allegiance to the king himself, by encouraging him in, and consenting unto these proceedings, which would make him not to be a king, but Tyrant, and destroy him as a king, in the spoil and ruin of his Kingdom, thereby endangered to be consumed) and tempt God himself: as Pope Nicholas, and * Caus. 23. quest. 8. Suri. Concil. Tom. 3. p. 520. Gratian resolve in these words. If there be no necessity we ought at all times to abstain from wars, but if inevitable necessity urge us, we ought not to abstain from wars, and warlike preparations for the defence of ourselves, of our Country, and paternal Laws, no not in Lent, least man should seem to tempt God, if when he hath means, he provide not for his own and others safety, and prevents not the Detriments of holy religion. Fourthly, those injuries which Allies and other neighbour States or Princes may with good Conscience repulse with Arms from Subjects wrongfully oppressed, invaded tyrannically by their Sovereigns, or their wicked Instruments, at, or without the Subjects entreaty, when they are unable to relieve themselves: no doubt the Subjects themselves, if able, may with better reason, and as good Conscience resist and repel; because every man is u Leu. 19 18. Mat. 22. 39 Rome 93. c. 14. 4. 1 Cor. 9 27. Phil. 2. 12. 1 Tim. 5. 8 nearer, and more obliged to defend and preserve himself and those of his own Nation, Religion, blood, than strangers are, and may with less public danger, inconvenience, and more speed effect it, than Foreigners: but Allies and Foreign Neighbour States and Princes, as x Dist. 23. qu. 3. to 8. Gratian (out of the 5. Council of Carthage; Augustine, Ambrose, Hier●m, Anastatius, Calistus and other) y De jure BelL. l. 1. c. 14. 15. 16. Albericus Gentilis, z Commonweal. l. 2. c. 5. l. 5. c. 6. Sect. l. 3. ᵃ 2. c 25. Sect. 4. 5. 6. john Bodin, Hug● Grotius, and Generally all Canonists, Casuists, Schoolmen accord, may in many cases with good conscience, by force of Arms repulse from Subjects wrongfully oppressed, invaded, and tyrannically abused, the injuries offered them by their Sovereigns; and that either at, and in some cases without the Subjects entreaty: Which they prove by Moses his slaying the Egyptian that oppressed the Hebrew, Exod. 2. 11. to 15. by joshua his aiding of the Gibeonites against the five Kings that made war against them, josh. 10. by the example of jehoshaphat, 1 Kin. 22, 2 Kings 3. Of the chief Captains securing Paul with a guard of Soldiers against the jews who had vowed his death, Acts 23. by Abraham's rescuing Lot, Gen. 14. by sundry ancient and late Examples in story. Therefore Subjects themselves no doubt if able, may with good reason and conscience, lawfully resist, and repel their Princes invading Forces, though accompanied, assisted with his personal presence. Fifthly, It is yielded by all Divines, Lawyers, Canonists, Schoolmen; b Cajetan. ●a. ●ae. qu. ●. ar. 1. Ambrose, Offic. l. 1. c. 36. Summa Angelica, Rosella & Sylvester, Tit. Bellum, and the Glossers on Gratian. Causa. 23. qu. 3. as c Caus. 23. qu. 1. 2. Gratian, d ●a. 2ae. qu. ●0. art. 10. & qu. 64. ar. 7. dub. 4. Ban●es, e l. 4. disp. 5. art. 10. l. 5 qu. 1 art. 8. S●to, f lib. 11 c 9 du. 8. Lessius, g l▪ 1. Contr. Illust. 18. Vasquius, h P. 3. 1. ● n 2. Covaruvi●s, i 2. 2ae. qu. 64. art. 1. Aquinas, k Verbo Bellum, par. 1. n. 3. & p 2. & Homicidium. 3. q. 4. Sylvester, l ad l. ut vim. Di de Iust. & ●ure. Bartolus, m In rep. l. 1. & unde vi. Baldus, n l. ●. c. 3. n. 147. Navarre, o De jure Bel. l. 1. c. 13. 14. Albericus Gentilis, p De jure Bel. l. 2. c. 1●. Grotius and others, that private men by the Law of God, and nature, may in defence of their lives, chastities, principal members, and estates, lawfully resist all those who forcibly assault them, to deprive them thereof; yea and slay them to, unless they be public persons of eminency, by whose slaughter the Commonweal should sustain much prejudice, whose lives in such cases must not be willingly hazarded, though their violence be resisted: which is clearly proved by judges 11. 8. 15. to 18. 1 Sa●. 17 41. to 53. Deut. 22. 26. 27. since therefore all these are apparently endangered by an invasive war and Army, more than by any private assaults; and no aid, no assistance or protection against the loss of life, chastity, estate, and other violences, injuries which accompany wars can be expected from the Laws, or Prince himself (the fountain of this injustice,) or legal punishments inflicted on the malefactors, whose armed power being above the reach of common justice, and injuries countenanced, abetted, authorised by the Sovereign who should avenge and punish them, every subject in particular, and the whole state in Parliament assembled in general, may and aught in point of conscience jointly and severally to defend themselves, their neighbours, brethren, but especially their native Country, Kingdom, whose general safety is to be preferred before the lives of any particular persons, how great or considerable soever, which may be casually hazarded by their own wilfulness, though not purposely endangered or cut off in the defensive encounter, by those who make resistance. And if (according to q 2 2. Ar. 6. 7. q 2. Card. qu. 33. li 1. Pet●. Nau. l. 11. c. 3. n. 147 Grotius. de lure Belli. l. 2. c. 1. Sect. 4. Cajetan and other Schoolmen,) Innocents' which only casually hinder one's ●light from a mortal enemy may be lawfully with good conscience slain by the party pursued, in case where he cannot else possibly escape the loss of his own life, because every man's ownelife is dearer to him then another's, which he here takes away only to preserve his ownelife, without any malicious murderous intent, though others doubt of this case: or if innocent persons set perforce in the front of unjust assailants (as by the Cavalleir●s at Brainford and elsewhere,) to prevent defence, and wrong others with more security and less resistance, may casually be slain, (though not intentionally) by the defensive party (as I think they may) for prevention of greater danger and the public safety; r See the Relation of Brainford. then certainly those of public place and Note; who wilfully and unnaturally set themselves to ruin their Country, Liberty, Religion, Innocent brethren (who only act the defensive part,) and voluntarily intrude themselves into danger, may questionless with safe conscience be resisted, repulsed: in which if they casually chance to lose their lives without any malice or ill intention in the defendants, it being only through their own default, such a casual accident when it happens, or the remote possibility of it in the combat before it begins, cannot make the resistance either unjust or unlawful in point of conscience; for then such a possibility of danger to a public person should make all resistance unlawful, deprive the Republic wholly of this only remedy against tyrannical violence, and expose the whole commonweal to ruin, whose weal and safety, is to be preferred before the life or safety of any one member of it whatsoever. Having thus at large evinced the lawfulness of Subjects necessary forcible resistance, & defensive wars against the unjust offensive Forces of their Sovereigns; I shall in the next place answer the principal arguments made against it, some whereof (for aught I find) are yet unanswered. These Objections are of four sorts, out of the Old Testament, the New; from reason, from the example of the primitive Christians, backed with the words of some Fathers; I shall propound and answer them in order. The first out of the Old Testament, Object. 1. is that of Numb. 16. u Dr Ferne Sect. 2. p. 10. Korah, Dathan, and Abiram for their insurrection against that very divine Authority which God himself had delegated to Moses and Aaron, without any injury or injustice at all once offered to them or any assault upon them. Ergo (mark the Nonsense of this argumentation) no Subjects may lawfully take up mere necessary defensive Arms in any case to resist the bloody Tyranny, Oppression, and outrages of wicked Princes, or their Cavalleires, when they make war upon them to destroy or enslave them. An Argument much like this in substance. Answ. No man ought to rise up against an honest Officer or Captain in the due execution of his Office, when he offers him no injury at all. Therefore he ought not in conscience to resist him when he turns a thief or murderer, and feloniously assaults him, to rob him of his purse, or cut his throat. Or, private men must not causelessly mutiny against a lawful Magistrate for doing justice and performing his duty: Ergo the whole Kingdom in Parliament may not in Conscience resist the King's Captains and Cavalleeres, when they most unnaturally and impiously assault them to take away their Lives, Liberties, Privileges, Estates, Religion, oppose and resist justice, and bring the whole Kingdom to utter desolation. The very recital of this argument is an ample satisfactory refutation of it, with this addition. These seditious Levites Rebelled against Moses and Aaron, only because God himself had restrained them from meddling with the Priest's Office which they would contemptuously usurp, and therefore were most severely punished by God himself, against whose express Ordinance they Rebelled: Ergo, the Parliament and Kingdom may in no case whatsoever, though the King be bend to subvert God's Ordinances, Religion, Laws, Liberties, make the least resistance against the king or his invading forces, under pain of Rebellion, High Treason, and eternal condemnation, This is Doctor Fernes and some others, Bedlam Logic, & Divinity. The next is this, Object. 2. Thou shalt not revile the Gods, nor curse the Ruler of thy people, Ex. 22. 28. Eccl. 10. 20. Curse not the King no not in thy thought, and curse not the rich in thy bedchamber; An appeal to thy Conscience. p. 3. 4. 5. (which is well explained by Prov. 17. 26. It is not good to strike Princes for equity.) Ergo it is unlawful for the Subjects to defend themselves against the King's Popish depopulating Cavaliers. I answer, Answ. the first text pertains properly to Judges and other sorts of Rulers, not to Kings, not then in being among the Israelites: the second, to rich men as well as Kings. They may as well argue then from these texts: that no judges nor under-rulers, nor rich men whatsoever, though never so unjust or wicked, may or aught in conscience to be resisted in their unjust assaults, Riots, Robberies, no though they be bend to subvert Religion, Laws, Liberties: as that the King and his Soldiers jointly or severally considered, may not be resisted: yea, these acute disputants may argue further by this new kind of Logic: Christians are expressly prohibited to curse or revile any man whatsoever, under pain of damnation, Rom. 12. 14. Mat. 5● 44. Levit. 19 14. Numb. 23. 7. 8. 2 Sam. 16. 9 Levit. 20. 9 c. 24. P 1. 14. 23. Levit. 20. 9:▪ Prov. 20. 20. 1 Cor. 6. 10. 1 Cor. 4. 12. 1 Pet. 2. 23. jude 9 Ergo, we ought to resist no man whatsoever, (no not a thief that would rob us, cutthroat Cavaliers that would murder us, lechers that would ravish us) under pain of damnation. What pious profitable Doctrine, think you, is this: All cursings and rail are simply unlawful in themselves: all resistance is not so, especially that necessary we now discourse of, against unlawful violence to ruin Church and State. To argue therefore, all resistance is simply unlawful, because cursing and reviling (of a different nature) are so, is ill Logic, and worse Divinity. If the objectors will limit their resistance, (to make the Argument sensible,) and propose it thus: All cursing and reviling of Kings and Rulers for executing justice impartially (for so is the chief intendment of the place objected, delinquents being apt to clamour against those who justly censure them) is unlawful; Ergo the forcible resisting of them in the execution of justice and their lawful authority is unlawful: the sequel I shall grant, but the Argument will be wholly impertinent, which I leave to the Objectors to refine. The third Argument is this: Object. 3. That which peculiarly belongs to God, no man without his special authority ought to meddle with: p An Appeal to thy Conscience▪ p. 2. But taking up Arms peculiarly belongeth to be Lord. Deut. 32. 35. Where the Lord saith, vengeance is mine: especially the sword, which of all temporal vengeance is the greatest. The Objector puts no Ergo, Answ. or conclusion to it, because it concludes nothing at all to purpose, but only this. E●go, The King and Cavalleeres must lay down their Arms and swords, because God never gave them any special commission to take them up. Or, Ergo, no man but God must wear a sword, at least of revenge; and whether the kings and Cavalleers Offensive, or the Parliaments mere Defensive sword, be the sword of vengeance and malice, let the world determine, to the Objectors shame. The fourth is, Object. 4. from q Appeal to thy Conscience. p. 3. Eccles. 8. 2. 3. 4. I council thee to keep the King's Commandment and that in regard of the Oath of God: Be not hasty to go out of his sight, stand not in an evil thing; for he doth whatsoever pleaseth him: where the word of a king is there is power; and who may say unto him, what dost thou? This Text administers the Opposites a double Argument, The first is this; All the King's Commands are to be kept of all his Subjects, Answ. by virtue of the Oaths of supremacy, allegiance, and the late protestation including them both: Ergo, by virtue of these Oaths we must not resist his Cavalleeres, but yield our thoates to their swords, our purses and estates to their rapines, our chastities to their Lecheries, our Liberties to their Tyrannies, our Laws to their lusts, our Religion to their Popish Superstition and Blasphemies, without any opposition, because the king hath oft commanded us not to resist them. But seeing the Oath and Law of God, and those oaths of ours, oblige us only, to obey the King's just legal commands and no other, not the Commands and lusts of evil Councillors and Soldiers, this first Argument must be better pointed ere it will wound our cause. The second, this: The king may lawfully do whatsoever pleaseth him Ergo, neither are He, or his Forces to be resisted▪ To which I answer, that this verse relates only unto God, the next antecedent; who only doth and may do what he pleaseth, and that both in heaven and earth, Psal. 135. 6. Psal. 115. 3 Esay 46. 10. not to Kings who neither may nor can do what they please in either, being bound both by the Laws of God, man, and their Coronation Oaths (perchance the oath of God here meant, rather than that of supremacy or allegiance) to do r Sam. 23. 30. Esay 32. 1. c. 16. 5. c. 9 7. 2 Chron. 9 8. only what is lawful and just, not what themselves shall please. But admit it meant of Kings, not God: First the text saith not, that a king may lawfully do what he pleaseth: but he doth whatsoever pleaseth him: Solom●n himself s 1 King. c. 11. & 12. 2 Chr. c 9 & 10. & 11. N●h. 13. 26. committed idolatry, built Temples for Idolatrous worship, served his idolatrous wives Gods, married with many idolatrous wives, greivously oppressed his people, etc. for which God threatened to rend the kingdom from himself, as he did the ten Tribes from his son, for those sins of his: t 2 Sam. c. 11. & 12. & 34. David committed adultery, and wilfully numbered the people; and what King jeroboam, Manasseh, Ahab, other wicked Kings have done, out of the pleasure and freedom of their lawless wills, to the infinite dishonour of God, the ruin of themselves, their posterities, Kingdoms, is sufficiently apparent in u In the books of Kings, Chronicles, jeremiab, and Daniel. Scripture: was all therefore just, lawful, unblameable, because they did herein whatsoever they pleased, not what was pleasing to God? If not, as all must grant: then your foundation fails; that Kings may lawfully do whatsoever they will; and Solomon's words must be taken all together not by fragments; and these latter words coupled with the next preceding; Stand not in an evil matter: and then Paul's words will well interpret his, Rom. 13. 4. But if thou do that which is evil be afraid, for he beareth not the sword in vain, for he is the minister of God, a revenger to execute wrath upon them that do evil. So that the genuine sense of the place is, and must be this. Stand not in an evil matter, for the king hath an absolute power to do whatsoever he pleaseth, in way of justice to punish thee, if thou continue obstinate in thy evil courses; to pardon thee, if thou confess, submit, and crave pardon for them. Ergo, the king and his Cavalleeres have an absolute power to murder, plunder, destroy his Subjects, subvert Religion, and he and his Forces must not herein be resisted, is an ill consequent from such good premises. The third is this: Where the word of a King is, there is power, * See Cassanaeus. Catal. Gloriae Mundi, pars 5. consid. 24. sect. 62. p. 222. and who may say unto him what dost thou? (that is, expostulate with, censure him for doing justly, as job 34. 17. 18. 19 expound it,) Ergo the king or his Forces may not be resisted in any case: they might rather conclude. Therefore neither Kingdom nor Parliament, nor any Subject or person whatsoever ought to demand of the king, to what end, or why he hath raised Forces and Armed Papists against the Parliament, and Protestant Religion? These Court-Doctors might as truly conclude from hence; If the king should command us to say Mass in his Chapel, or our Parishes, to adorn Images, to turn professed Masspriests, etc. to vent any Erroneous Popish Doctrines; to pervert the Scriptures to support Tyranny and lawless cruelty: we must and will (as some of us do) cheerfully obey; for where the word of a King is, there is power, and we may not say unto him, what dost thou? If a King should violently ravish matrons, deflower virgins; unnaturally abuse youth, cut all his Subjects throats, fire their houses, sack their Cities, subvert their liberties; and (as x De pontiff. Rom. l. 4. Bellarmine puts the case of the Pope's absolute irresistible authority) send millions of souls to hell; yet no man under pain of damnation, may or aught to demand of him, Domine cur ita facis? Sir, what do you? But was this the holy Ghosts meaning think you, in this place? If so, then y 2 Sam. 12. 7. etc. Nathan was much to blame for reprehending king David's Adultery, z 2 Chro. 17. 17. 18. 19 20. Azariah and the 40. Priests who withstood King Vzziah when he would have offered incense, on the incense Altar, and thrust him out of the Temple, telling him, it pertaineth not to thee Vzziah, to burn incense to the Lord, etc. Were no less than Traitors. john Baptist was much overseen to tell King Herod, It is not lawful for thee to have thy brother's wife. The Prophet who sharply reprehended Amaziah for his Idolatry and new altar, 2 Chron 25. 15. 16. was justly checked by the king, El●iah was to be rebuked, for telling Ahab so plainly of his faults, a 1 King 18. 17. 18. and sending such a harsh message to King Abaziah; Elisha much to be shent for using such harsh language to King jehoram, 2 Kings 3. 13. 14. yea Samuel and Hanani deserved the strappado for telling King Saul, and Asa, That they had done foolishly, ● Sam. 13 3. 2 Chron. 15. 9 b 2. King. 1. 3. 4. 16. The meaning therefore of this Text, so much mistaken, (unless we will censure all these Prophets, and have Kings not only irresistible but irreprehensible for their wickedness) is only this: No man may presume to question the kings just actions, warranted by his lawful royal power: (this text being parallel with Rom. 13. 1. 2. 3. 4) What then? Ergo, None must question or resist his, or his Cavalleers unjust violence and proceedings, (not the Parliament the supremest judicature and Sovereign Power in the Kingdom) is a ridiculous consequence: yet this is all this Text doth contribute to their present dying bad cause. The 5. Object. 5. is that usually objected Text of c An Appeal to thy Conscience, p. 4. c. Answer of the Vindication of P●. 105. 14, 15 and the Revindication printed at Cambridge, 1●43. Psal. 105. 14, 15. Touch not mine anointed. Ergo the King and his Cavaliers must not be so much as touched nor ●esisted, I wonder they did not as well argue, Ergo none must henceforth kiss his Majesty's hand (si●ce it cannot be done without touching him,) neither must his Barber trim him, nor his Bedchambers men attire him, for fear of high Treason in touching him: And the Cavaliers must not henceforth be arrested for their debts, apprehended for their robberies and murders; neither must the Chyrurgi●n dress their wounds, or pock-soars, or otherwise touch them, (so dangerous is it to touch them, not out of fear of infection, but) for fear of transgressing this sacred Text, scarce meant of such unhallowed God-dammee●. Such conclusions had been more literal and genuine than the first. But to answer this long since exploded trivial Objection, not named by Dr Ferne, Answ. though revived by others since him. I say first, that this Text concerns not kings at all, but the true anointed Saints of God their Subjects, whom kings have been always apt to oppress and persecute, witness Psal. 2. ●. etc. Act 4. 26. 27. Act. 12. 1, 2, 3 with all sacred and Ecclesiastical Histories, ancient or modern. This is most apparent; first, because these words were spoken by God to Kings themselves, as the Text is express, Psal 105 14, 15. 1 Chron. 16. 20. 21. He suffered no man to do them wrong, but reproved even KINGS for their sak●s saying, (even to king themselves, namely to king Pharaoh, an king Abimelech, Gen. 12. 10. to 20. Chap. 20. and 26 1. to 17. 29) Touch not mine Anointed, and do my Prophets no harm: Therefore not meant of kings. Secondly, because these words were spoken directly and immediately of Abraham, Isaac, jacob, their wives and families, as it is evident by Verse 6. the whole series of the Psalm, which is Historical; the forecited Te●ts of Genesis to which the words relate, the punctual confession of Augustine, and all other Expositors on this Psalm; Now neither they, nor their wives, nor their children clearly, were actual, much less anointed Kings; For first, they lived long before the government of kings was erected among the Israelites, of whom d 1 Sam. 8. & 9 & 10. see 1 Chron. 1. 43. Saul was the first. 2. They had no kingdom nor territories of their own when these words were uttered, but were strangers in the Land, going from one Nation and Kingdom to another, sojourning obscurely like Pilgrims and Strangers upon earth, in Egypt, and Gerar, under King Pharaoh, Abimelech, and other Princes, not as kings, but subjects and pri●ate men, as Verse 12. 13. Gen. 12. and 20. and 26 Chap. 36. 7. Chap. 37. 1. Deut. 23. 7. Hebr. 11. 13. resolve. Thirdly, They were but very few men in number, Verse 12. Genesis 34. 30. they were Masters only of their own small families, and that under foreign Kings▪ therefore doubtless no kings at all. Fourthly, this was spoken of these Patriarches Wives and Families, as well as of themselves, (and they certainly were no kings, unless you will have kingdoms consisting only of kings, and no subjects at all) Verse 12. 14. Gen. 12. 15. to 20. Chap. 20. 2. to 17. Chap. 26. 11. Chap. 34. 30. Chap. 35. 6. Fifthly, the Scripture no where calls them kings, much less the Text, which terms them expressly Prophets, Touch not mine Anointed, and do MY PROPHETS (not properly so taken, but largely, that is, My servants, my chosen people, as Verse 6. expounds it) no harm: The later Clause, Do my Prophets no harm, being an exact interpretation of the former, Touch not mine Anointed, that is, My Prophets and Servants, so far forth as to do e See Zeph. 2. 8. Gen. 20. 6. job 1. 11. c. 2. 5. c. 19 c. 5. 19 c. 1●. 14. Gen. 26. 〈◊〉. 29. jer. 12. 14. 1 joh. 5. 18. them harm; For in a common sense, no doubt, they f Matth. 8. 3. 15 c. 17 7. Mar. 6. 56. Luk. 8. 45, 46, 47 might be touched without offence to God or them, by way of embracement, assistance, and the like. Sixtly, Though there were kings in Abraham's days or before, as is evident by Gen. 14. 1, 2, etc. yet there were no anointed kings, nor were kings ever called Gods anointed till Saul's days, who was the first anointed King I read of, 1 Sam. 10. 1. and the first king ever styled, The Lords Anointed, 1 Sam. 12. 3, 5. whereas Priests were anointed long before, Exodus 30. 30. Chap. 40. 13, 15. Therefore Anointed in the Text cannot be meant of kings, or of persons actually anointed, but only of those Saints of God, who were metaphorically and spiritually anointed, having the gifts and graces of God's Spirit, Psal. 28, 8, 9 Hab. 3. 13. 2. Cor. 1. 21. 1 john 2. 27. Eze. 16. 9 Isay 20. 27. This Text then being not meant of kings which are actually, but of Christians only spiritualy anointed, in regard of which anointing (as I have g The Vindication and Revindication of Psal. 105▪ 14, 15 elsewhere largely manifested) they are in Scripture, not only styled Christians (which in plain English is anointed) Acts 11. 26. c. 26. 26. 1 Pet. 4. 16. but Christ (in the abstract) 1 Cor. 12. 12. Ephes. 4. 12, 13. the Members, Body, Flesh and Bones of Christ. 1 Cor. 12. 12, 7. Ephes. 1. 22. 23. c. 5. 29, 30, 31. Col. 1. 24. Yea, Kings and Priests unto God the Father: Exod. 19 6. 1 Pet. 2. 5. Revel. 1. 6. c. 5. 10. c. 20. 6. for whom God hath prepared a heavenly Kingdom, (wherein they shall reign with Christ for ever) with an everlasting Crown of glory too, Matth. 5. 3. c. 25. 34. Luke 6. 20. c. 12. 32. c. 22. 29. 30. Col. 1. 13. 2 Thess. 2. 12. 1 Corinth. 9 25. 2 Tim. 2. 12. c. 4. 8. Heb. 12. 28. 2 Pet. 5. 4. 2 Pet. 1. 11. jam. 2. 5. Revel. 22. 5. The proper argument then that can be thence deduced by our Opposites, is but this Nonsequitur. Kings themselves must not touch Gods spiritually anointed Saints and servants to do them harm; Ergo, if Kings do violently and unjustly make war upon them, not only to harm, but plunder, murder, destroy them utterly, extirpate that Religion they profess and are bound to maintain, they are obliged in point of conscience, under pain of damnation, not to resist; Whereas the conclusion should be directly contrary. Therefore they may lawfully with good conscience resist them to the uttermost, in such cases: For since God hath thus directly enjoined Kings, Not to touch, or do them harm; if Kings will wilfully violate this injunction, they may with safe conscience, by forc● of Arms withstand, repulse, their unjust violence, and hinder Kings or their instruments from doing them that injury which God himself prohibits; else they should be accessories to their king's injustice, and authors of their own wrongs, according to these received Maxims; h Gr●●tian. causa. 23. qu. 3, ●, 5, 6. Where many Fathers are cited, to this purpose. Quinon pohibet malum quod potest, jubet; Qui potest obviare & perturbare perversos & non facit, nihilest aliud quam favere eorum impietati: Nec caret scrupulo societatis occultae, qui manifesto facinori desinit obviare. Qui definite obviare cum potest, consentit: used by Ambrose, Hierome, Augustine, Isiodor, Anastatius, and Gratian, who recites, applies them to defensive wars. And if our Opposites (who pervert this Text by translating it from Subjects and Saints, to Kings) may in their erroneous sense safely argue thence, That if subjects take up Arms against their Princes, contrary to this Text, their Princes may by virtue of this precept, justly resist them with force, and repulse their injuries; then by the true genuine sense thereof (being meant of Subjects, Saints, not Kings) if Kings will violently assault and make war upon Saints, their Subjects, to harm them, they may with as good reason and conscience defend themselves against their Kings and ill Instruments, as their Kings protect themselves in this sort against them, and that by authority of this Text, by our Opposites own argumentation. Thirdly, admit this Scripture meant of Kings, yet what strength is there in it to privilege them from just necessary resistance? If any, it must rest in the word anointed; but this will afford kings no such corporal privileges as many fancy, neither from lawful resistance, nor deposition, nor sentence of death itself, which I shall undeniably evidence to refute a commonly received error: For, first, it is apparent, that the anointed here meant, are such only who are spiritually anointed, either with the external profession and ceremonies of Gods true religion, or with the internal graces of the Spirit; for neither Abraham, Isaac, jacob, nor their families (nor any kings or Priests in their days) for aught we find, were corporally anointed. Besides, the anointing here intended, is that which is common to i Exod. 30. 30 c. 40 13, 15. Levit. 4. 3. 16. 1 King. 19 16. Priests and Prophets (as Touch not mine anointed, and do my Prophets no harm, infallibly proves) rather then that which is peculiar to kings. Whence I thus argue, That anointing which is common to subjects as well as kings, and cannot secure any subjects, who in the genuinesence of the Text, are Gods anointed, from just resistance, corporal violence, legal censures, or death, cannot in or of itself alone secure kings from any of these, no further than it secures subjects: for the annoiting being the same in both, must have the selfsame operation and immunities in both. But this anointing in subjects can neither exempt their persons from necessary just resistance, if they unlawfully assault or war upon their Superiors, equals, inferiors; nor free them from arrests, imprisonments, arraignments, deprivations, or capital censures, if they offend and demerit them, as we all know by k Eccles. 92. 6. 8. 14. Ezech. 18. 24, 26. joh. 16. 2. Scripture and experience: Therefore it can transfer no such corporal immunities or exemptions from all or any of these, to kings; but only, exempt them from unlawful violence and injuries, in point of right, so far forth, as it doth other Subjects. In a word, this anointing being common to all Christians, can give no special Prerogative to Kings, but only such as are common to all Subjects, as they are Christians. Secondly, admit it be mean of an actual external anointing, yet that of itself affords Kings no greater privilege than the inward unction, of which it is a type, neither can it privilege them from just resistance, or just corporal censures of all sorts. First, it cannot privilege them from the just assaults, invasions, resistance, corporal punishments of other foreign kings, Princes, States, Subjects not subordinate to them, who upon any just cause or quarrel may lawfully resist, assault, wound, apprehend, imprison, slay, depose, judge, censure foreign kings, even to death; as is apparent by l Psal. 136. 19, 20. Num. 21. 2● 33, 34, 35. S●hon King of the Amorites, and Og the k●ng of Bashan, slain, the King of m josh▪ 8. 29▪ Ai hanged by joshua, the n josh. 10. 22, 23, 24, 25, 26. five kings of Canaan that besieged Gibeon, on whose neks joshua made his men of war to put their feet, than smote, slew, and hanged them upon five trees. Who also assaulted, resisted, imprisoned, condemned, slew, executed divers other o josh. 10. 42. c. 11. & 12. 7. 〈◊〉 24. kings of Canaan, to the number of thirty one in all; by king p judge, 1, 26, to 76▪ Adonibezek, q judge, 3, to 26 Eglon, r 1 Sam. 15, 32, 33. Agag, with other Heathen Kings, imprisoned, stabbed, hewn in pieces by the Israelites. If any object, These kings were not actually anointed, which they cannot prove, since s Isay, 45, 1. Cyrus an Heathen King, is styled Gods anointed; no doubt Saul was an anointed King, if not the first in the world, 1 Sam. 10. 1. yet he was justly resisted, wounded, pursued by the Philistines, 1 Sam. 31. 3. * 2 Chro. 35. josiah an anointed good King, was slain by Pharaoh Necho King of Egypt, whom he rashly encountered; t 1 King. 22, 34, 35. King Ahab was slain by an Archer of the King of Assyria, u 2 King 9, 22 27. King joram and Ahaziah were both slain by jehu, by God's command; x 2 Chr. 31. 1, 6, 7. jehoaaz was deposed by the King of Egypt, y 2 Ki. 25. 6, 7 jehoiakim and jehoiakin both deposed, fettered and kept prisoners by the King of Babylon; who also y 2 Ki. 25. 6, 7 apprehended, deposed, judicially condemned King Zedechiah, put out his eyes, and sent him prisoner to Babylon bound with fetters of brass. So z 2 Chron, 33. 11, 1●. Manasses was deposed, bound with fetters of brass, and carried captive by the Captains of the King of Assyria. a 2 King. 14. 13. Amaziah King of judah was taken prisoner by jehoash King of Israel. Infinite are the precedents in stories, where kings of one Nation in just wars, have been assaulted, invaded, imprisoned, deposed, slain, by Princes and Subjects of another Nation; and that justly, as all grant without exception; neither their anointing, nor Kingship being any exemption or privilege to them at all in respect of foreigners, in cases of hostility, to whom they are no Sovereigns, no more than to any of their Subjects. Whereas if this royal anointing did make their persons absolutely sacred and inviolable, no foreign Princes or Subjects could justly apprehend, imprison, smite, wound, slay, depose, or execute them. Secondly, Kings who are subordinate b See M. Seldens Titles of Honour. l. 1 c. 3 s●ct. 1. 2. Bodin Commonw. l. 1. c. 3. l. 2. c. 5. joseph De Bello judaico, l. 1. c. 10. 15. Homagers and Subjects to other Kings or Emperors, though anointed, may for Treasons and Rebellions against them, be lawfully resisted, assaulted, imprisoned, deposed, judged to death and executed, because as to them they are but Subjects, notwithstanding their anointing, as appears by sundry precedents in our own and foreign Histories; and is generally confessed by the learned. Thirdly, the Roman, Greek and Germane Emperors, though anointed, the ancient Kings of France, Spain, Arragon, Britain, Hungary, Poland, Denmark, Bohemia, India, Sparta, and other places (who were not absolute Monarches) have in former ages been lawfully resisted imprisoned, deposed, and some of them judicially adjudged to death and executed by their own Senates, Parliaments, Di●ts, States, for their oppression, maladministration, tyranny, and that justly, as c Commonw. l. 2. c 5. Bodin, d De jure Belli l. 1. c. 3. sect. 11. 16. Grotius, with others affirm, notwithstanding any pretence that they were anointed Sovereigns. Fourthly, Popes, Bishops and Priests anciently were, and at this present in the Romish Churches are actually anointed as well as Kings; and we know the e In the●r ●itles and Controversies de Immunitate Clericorum, Bishop Latimers' Sermon at Stamford, f. 67. b. Popish Clergy and Canonists have frequently alleged this Text, Touch not mine anointed and do my Prophets no harm, in Counsels, decretals and solemn debates in Parliament, to prove their exemption from the arrests, judgements, capital censures and proceedings of Kings and secular judges for any crimes whatsoever, because (forsooth) they were Gods anointed, intended in this Text, not Kings; therefore Kings and Seculars must not touch, nor offer any the least violence to their persons, no not in a way of justice. By colour of this Text they exceedingly deluded the world in this particular for hundreds of years. But in the seventh year of Hen. the 8. in f Keilwayes Reports, f. 181. Dr. Standish his case debated before a Committee of both Houses of Parliament, and all the judges of England, this Text being chiefly insisted on to prove the Clergies exemption, Jure Divino, was wholly exploded in England, and since that in Germany, France, other Realms; and notwithstanding its protection, many g See par. 1. p ●8. & Fox Act & Monuments. Popes, Bishops, and Clergymen in all Kingdoms, ages, for all their anointing, have for their misdemeanours not only been resisted, apprehended, imprisoned, but deprived, degraded, hanged, quartered burned, as well as other men (Yea h 1 King. 2. 2●, 27. Abiathar the High Priest was deposed by Solomon for his Treason against him, notwithstanding his Anointing;) their anointing giving them not the smallest immunity to do ill, or not to suffer all kinds of corporal, capital punishments for their misdemeanours. If this actual anointing then, cannot lawfully exempt or secure Priests and Prelates persons, nor the Pope himself from the premises, how then can it justly privilege the persons of Kings? Fif●hly, among the Papists all infants, either in their baptism, or confirmation are actually anointed with their consecrated i See Claudius Esponcaeus Digs. in Po●●●pist. ad Tim. de C●rismatis usu. p. 261. etc. Chrism, and with k Espencaeus Ibid. See I homas waldensis, Bellarmine and others, De Sacramento extremae unstiovis, and all Schoolmen and Canonists, De Sacrame●torum Numero & Extre. unct. extreme unction to boot at last cast, which they make l Catalogue Gloriae Mundi, par. 5. Consid. 35. p. 249. Alber. de Ros. Super G. of Rubr. F. desta. ho. a Sacrament, and so a thing of more divine sovereign Nature than the very anointing of Kings at their inauguration, which they repute no Sacrament, as being no where commanded by God: But neither of these actual unctions, exempt all or any of those anointed with it from resistance, or any corporal punishments, or just censures of any kind; therefore the very anointing of Kings cannot do it. Sixthly, the Ceremony of anointing kings, as m Cassan●us Ibid. & Consid. 29. Cassanaeus with others write, is peculiar only to the Germane Emperor, the King of jerusalem, the King of France, the King of England, and the King of Sicily; but to no other kings else, who are neither anointed nor crowned, as he affirms; so that it cannot give any privilege at all to any but only to these 4. not other kings, who are not anointed Now seeing only these 4. kings are actually anointed, yea lawful Kings and their persons sacred, even before they are anointed or crowned, and other king's persons (as of Spain, Hungary, Denmark, Sweden, Poland, etc.) who are not anointed, are as sacred, as exempt from danger, as those who are enoyled; And seeing the anointing of kings is at this day a mere arbitrary humane Ceremony, not enjoined by divine authority, nor common to all Kings, who are n Cook 7. Report. Calvin's case f. 11. Philoch. Arch. De Somnio Vcr 〈◊〉, c. 171. Kings before their Coronations, it is most certain and infallible, that this enoyling in and of itself derives no personal Prerogatives or Immunities at all to kings, much less an absolute exemption from all actual resistance in cases of unjust invasions on their Subjects, or from the censures of their Parliaments for public destructive exorbitances, as most have hitherto blindly believed. Neither will the frequent next objected speeches of David concerning Saul, impeach the premises, 1 Sam. 24. 6. 10. c. 26. 9 11. 23. & 2 Sam. 1. 12. 16. The Lord forbid that I should do this thing unto my Master the Lords Anointed, to stretch forth my hand against him, seeing he is the Lords Anointed. I will not put forth my hand against my Lord, for he he is the Lords anointed. And David said to Abishai, Destroy him not, for who can stretch forth his hand against the Lords Anointed, and be guiltless? The Lord forbid that I should stretch forth my hand against the Lords Anointed. The Lord delivered thee into my hand to day, but I would not stretch forth mine hand against the Lords Anointed. How wast thou not afraid to stretch forth thy hand against the Lords Anointed? Thy blood shall be upon thy head, for thy mouth hath testified that thou hast slain the Lords Anointed. Which several Texts seem at first sight to insinuate, that Saul's very external anointing was that which did secure his person from assauls and violence; and that it is unlawful even by way of defence, forcibly with A●mes to resist a persecuting unjustly invading king, because he is anointed. But these Texts, if duly pondered, will warrant neither of these conclusions. First then, I answer, Object. 6. that Saul's bore anointing, Answ. considered as an external Ceremony to declare him a lawful King, did not, could not add any immunity to his person against david's, or any other Subjects justviolent resistance, as the premised reasons manifest; but it was only his royal Sovereign Office conferred on him by God and the people, to which his external anointing by Samuel was but a Preparation: That which made Saul, with other his successors, a king, was not his bare anointing. For o 1 Sam. 10●. 1, 2. 24. Saul himself was anointed by Samuel, before he was made and chosen King, not when he was made King. So p 1 Sam. 16. 1. to 14. David, q 1 king. 19 〈◊〉. 16. Hazael, r 1 king. 19 16. 2 king. 9 1. to 8. jehu, with others, were anointed before they were actual Kings, and many of their Successors by descent, were real kings before they were anointed; some of them being not anointed at all for aught we read: therefore their unction made them not kings, since neither simply necessary, nor essential to their being kings. Nor did Saul's anointing only, preceding his Regality, make his person sacred, or any other kings persons; for than it would follow, That if Saul had not been actually anointed, or had continued king for some years without this anointing, than David in such a case might lawfully have slain him, without check of conscience, and that the persons of kings not at all anointed; and of hereditary kings before their Coronations, till they are anointed, should not be sacred, nor exempt from violence; which is both false and perilous to affirm; but it was his Sovereign Royal Authority over David (than his Son-in-law, Servant, Subject) which restrained him from offering violence to his person. Saul then being thus privileged, not because he was anointed, but because he was an anointed king, and that not quatenus Anointed, but quatenus King; the true sense and genuine interpretation of these Texts must be, That Saul's person was sacred, exempt from his Subject's violence, not because he was anointed, as if that only did privilege him; but because he was a lawful king s 1 Sa. 15, 16, 17. c. 10. 1, 2, 4. appointed by the Lord himself, the t 1 Sam. 12, 13. c. 15. 13, c. 1● 1. 1 Chro. 28. 4. Lords anointed, being but a periphrasis, or form of speech, wherein the Ceremony of anointing, is used for the Regality, or kingly power itself, declared not conferred by anointing, and in plain words without any figure, it is put for, the Lords King, that is, a King appointed by the Lord; in which sense God calls Christ v Psal. 2. 6. Psal. 18. 50. my King; and David styles himself (x) Gods King. Saul's Royal Authority without his anointing, not his anointing, predestinating him to his Authority being the ground of this his immunity from David's violence. Secondly, y 1 Sam. 10. 1, 2, 24. Saul was anointed some space before he was made King, and z 1 Sam. 16. 1. to 14. David many year before he came to the Crown: I would then demand of any man; if Saul or David after their unction, and before their election and inauguration to the Crown had invaded or assaulted any of the people in an hostile manner, whether they might not have justly resisted, repulsed, yea slain them ●o in their own necessary defence? If no●, than one Subject may not repulse the unjust violence of another in an elective kingdom, if by possibility he may afterwards be chosen king, though for the present he be neither actually king nor Magistrate, but a Shepherd, as David was, Psal. 78. 70, 71▪ which I presume none will affirm, I am certain none can prove: If so then it was not Saul's anointing but only his Royal Authority, which made David thus to spare his life, his person. So that our Opposites pressing this Argument only from his Anointing, is both false and idle, as all the premises demonstrate. But to set the Argument right; I answer thirdly, That all which these Texts and David's example prove, is but this. That Subjects ought not wilfully or purposely to murder or offer violence to the persons of their kings; especially in cold blood when they do not actually assault them. Ergo they may not resist, repulse their personal actual assaults, nor oppose their cutthroat Cavaliers when they make an unjust war against them. Which Argument is a mere Non sequitur. For 1. David's example extends only to Saul's own person, not to his Soldiers, who were neither kings, nor Gods Anointed; and whom David no doubt would have resisted and slain too had they assaulted him, though he spared Saul: as a Soct. 2. p. ●. Dr. Fern himself insinuates in these words; David's Guard that he had about him, was only to secure his person against the cutthroats of Saul, if sent to take away his life, etc. He was anointed and designed by the Lord to succeed Saul, and therefore he might use an extraordinary way of safeguarding his person: Sect. ●. Therefore he and his Guard would and might doubtless have with a safe conscience resisted, repulsed Saul's cutthroat Soldiers, had they assaulted David, to take away his life. And if so, than the King's Cutthroat Cavalleers by his own confession, may lawfully be resisted, repulsed, slain in a defensive way, by the Parliaments forces now. Secondly, the argument is absurd, because we may forcibly resist and repulse with safe conscience, those whom we may not wilfully slay. If a man assaults me, to beat or wound me, I may resist, repulse him with violence, but I may not kill him in mine own defence, without murder or manslaughter, unless I could not otherwise preserve my own life by flight or resistance. b Sect. 2. p. ●. Doctor Ferne grants, that a Subject may in his own private defence, lawfully ward off the Kings own blows, and hold his hands, in case of sudden and illegal assaults, much more than of malicious and premeditated: but yet denies, he may either wound or kill him, and that truly. To argue therefore from David's example and words, The King may not with safe conscience be wittingly slain by his subjects: Ergo, He and his Cavaliers may not be forcibly resisted, repulsed by them for their own defence and preservation, is a gross inconsequent by the Doctors own confession. Thirdly, there is nothing in all these speeches, or the practice, or in David, pertinent to the case in dispute; for when c 1 Sam. 2●. 3. to 16. David's men moved him to kill Saul, and would have risen up against him, to slay him, & David refused to act, or suffer his men to do it; neither Saul nor any of his men did actually assault David or his followers, nor so much as once discover them; but Saul went casually to cover his feet into the Cave, where they lay hid; which done, he rose up and went on his way, not once espying David (though h● cut off the skirt of his Robe privily) nor any of his men with him. To argue therefore, That David and his men might not with a safe conscience stretch forth their hands and rise up against their Soveraingne king Saul, to kill him thus in cold blood, when he assaulted them not, nor so much as thought of their being in the Cave, and went out of it quietly, not discovering them; Ergo, they might not, they would not in conscience have resisted, repulsed him, or his Forces, had they assaulted, or given them battle in the Cave, is a Nonsense Conclusion; just in effect the same with this. I may not resist or repulse one who assaults me not, Ergo, I may not resist one that actually assaults me to take away my life, or to beat, rob, wound me: What Logic, Reason, Law or Divinity is there in such an argument? So after this when d 1 Sam. 26. 7. to 25. Abishai said to David, God hath delivered Saul thine enemy into thy hand this day, now therefore let me smite him, I pray thee, with the spear, even to the earth at once, I will not smite him the second time: And David said to Abishai, Destroy him not, for who can stretch forth his hand against the Lords Anointed (to wit, to slay him purposely, as Abishai intended) and be guiltless? The Text is express, That Saul and his men were then in their own Trenches, fast a sleep, because a deep sleep from the Lord was fallen upon them; David and Abishai were here the only assailants, they came into Saul's Trenches, he and his whole army were in so sound a sleep, that they came to Saul's own person, took away with them his Spear, and the Cruse of water from his Bolster, and departed, not being once discerned; No man resists, assaults, discovers them. To slay Saul thus in cold blood, without any assault or present provocation, and especially upon a private quarrel, had been Treachery and impiety in a Son-in-Law, a Servant, a Subject, a Successor; and to do it with the hazard of their own lives, had any of Saul's Army been awakened at the stroke Abishai would have given him. (as probably they might have been) they being but two, and within their enemy's Trenches, in the midst of the Army, who might have easily and speedily slain them, had been rashness, indiscretion; their departure with the Spear and Cruse was more Heroical, Loyal, prudential. To conclude therefore, as our Opposites do from this speech and example, That David thought it unlawful in point of Conscience for him or Abishai to murder his Sovereign Lord King Saul, when he and his men were thus fast asleep in the midst of their Trenches, offering them no wrong, making no actual assaults upon them; Ergo, they could not, would not justly with safe consciences have forcibly defended themselves against Saul and his Army, had they been assaulted by them in their own Trenches; is a trascendent absurdity, refuted by the very next words of David to Abishai at that instant, 1 Sam. 26. 10. And David said furthermore, As the Lord liveth, the Lord shall smite him, or his day shall come to die; or he shall DESCEND INTO BATTLE AND PERISH; which intimates, that if Saul would force him to a battle, than he might lawfully defend himself against his violence, though he might not murder him now in his sleep, when he did him no harm; and if he casually perished in the battle, it was Saul's own wilful default, not his, who could not dissuade him by all this his fair carriage and sparing of his life, (when he had those two advantages to slay him) from his violent prosecution, nor yet succeed him in the Crown (as God had appointed and foretold) should he suffer him to murder him and his men in battle without resistance. Yea, David's earnestness to go with Achish and the Philistines to the battle against Saul, wherein he perished, 1 Sam. 29. (unless we will tax David for a notable Hypocrite and dissembler) unanswerably evidenceth, that he deemed it lawful to resist, to encounter Saul and his Forces in battle, not withstanding his person might chance to perish in the fight, though not to slay him treacherously, and basely upon the precedent advantages: And his slaying of that lying e 2 Sam. 2. Amalekite who brought him tidings of Saul's death, reporting that himself had slain him, to gain a reward from David, he being then one of Saul's soldiers▪ (as it seems) concludes only, that it was not lawful for any of Saul's own men to s●y him, by his own command: Not that resistance of him in the open battle was unlawful in point of conscience. Other answers might be given to this Objection concerning David and Saul. As 1. that this difference was but private and personal between Saul and David, David being then Saul's private subject, Servant, Son in Law, not public between Saul his whole Parliament or Kingdom; now many things are unlawful to be done in private quarrels, which are just and honourable in public differences. Secondly, that David himself, though he thus forbore to murder Saul, yet he tells him, 1 Sam. 24. 10, 11, 12. This day thine eyes have seen how that the Lord had delivered thee to day into mine hand in the Cave, and some bade me kill thee, but mine eye SPARED THEE; and I said, I will not put forth my hand against my Lord, for he is the Lords anointed. Moreover, my father, see, yea▪ see the skirt of thy Robe in my hand, for in that I cut off the skirt of thy Robe and KILLED THEE NOT, know thou and see, that there is neither evil nor transgression in mine hand, and I have not sinned against thee, yet thou huntest my soul to take it. The Lord judge between me & thee, and the Lord avenge me of thee, but mine hand shall not be upon thee and plead my cause and deliver me out of thine hand. And after this upon the second advantage, he useth like words. The Lord render to every man according to his righteousness & faithfulness, for the Lord delivered thee into my hand to day, 1 Sam. 26. 23, 24. but I would not stretch forth my hand against the Lords anointed. And behold, as THY LIFE WAS MUCH SET BY THIS DAY IN MY EYES, so let my life be much set by in the eyes of the Lord, and let him deliver me out of all tribulation: Wherein David declared, that God had given up Saul's life into his power, that it was his own mere goodness that moved him to spare Saul contrary to his Soldiers, and Abishaies minds, who would have slain him, without any scruple of conscience; that the reasons he spared him were: First, because he was Gods Anointed, that is, specially designed and made King of Israel by Gods own election, which no kings at this day are, & so this reason extends not so fully to them, as to Saul. Secondly, Because he was his Father and Lord too, and so it would have been deemed somewhat an unnatural act in him. Thirdly, because it had ●avoured only of private self-revenge and ambitious aspiring to the Crown before due time, which became not David, the quarrel, being than not public, but particular betwixt him and David only, who was next to succeed him after his death. Fourthly, because by this his lenity he would convince & reclaim Saul from his bloody pursuit, and clear his innocency to the world. Fifthly, to evidence his dependence upon God and his special promise; that he should enjoy the Crown after Saul by divine appointment; and therefore he would not seem to usurp it by taking Saul's life violently away. Most of which considerations fail in cases of public defence, and the present controversy. Thirdly, that Saul himself, as well as David's Soldiers, conceived, that David might with safe conscience have slain as well as spared him; witness his words, 1 Sam. 24. 17, 18, 19 Thou art more righteous than I, for thou hast rewarded me good, whereas I have rewarded thee evil: And thou hast showed me this day how thou hast dealt well with me; for as much as when the Lord had delivered me into thine hand THOU KILLED'ST ME NOT. For if a man find his enemy WILL HE LET HIM GO WELL AWAY? Wherefore the Lord reward thee good for that thou hast done unto me this day, etc. And in 1. Sam. 26. 21. Then said Saul, I have sinned; return my son David, for I will no more do thee harm, because my soul was precious in thine eyes this day; behold I have played the fool exceedingly, etc. But the former answers are so satisfactory, that I shall not pray in aid from these, much less from that evasion of Dr. Fern, who makes this, and all other Davids demeanours in standing out against Saul f Sect. 2. p. 〈◊〉. EXTRAORDINARY; for he was anointed and designed by the Lord to succeed Saul; and therefore he might also use all extraordinary ways of safeguarding his person; which like wise insinuates, that this his scruple of conscience in sparing Saul's life was but extraordinary, (the rather, because all his Soldiers and Abishai would have slain Saul without any such scruple, and Saul himself conceived, that any man else but David would have done it:) and so by consequence affirms, that this his sparing of Saul is no ways obligatory to other subjects, but that they may lawfully in David's case kill their Sovereigns▪ But David's resistance of Saul by a guard of men, being only that ordinary way which all subjects in all ages have used in such cases, and that which nature teacheth not only men, but all living creatures generally to use for their own defence, and this evasion derogating exceedingly from the personal safety of Princes, yea, and exposing them to such perils as they have cause to con the Dr. small thanks for such a bad invention, I shall reject it as the extraordinary fancy of the Dr. & other loyalists, void both of truth and loyalty. The 7. Objection Object. 7. out of the Old Testament is this, 1 Sam. 8. 11. Samuel tells the people, g Dr Fern, Resolving of Conscience, Sect. 2. p. 10. And others. how they should be oppressed under kings; yet all that violence and injustice that should be done unto them, is no just cause of resistance: for they have NO REMEDY LEFT THEM BUT CRYING TO THE LORD, v. 18. And ye shall cry out in that day because of the King which ye shall have chosen you, and the Lord will not hear you in that day. To this I answer Aswer. 1. that by the Doctors own confession, this text of Samuel, much urged by some of his fellows, to prove an absolute divine Prerogative in Kings, is quite contrary to their suggestion; and meant only of the oppression, violence, and in●u● (not lawful power) of Kings, which should cause them thus to cry out to God This truth we have clearly gained by this objection, for which some Royalists will renounce their champion. 2. It is but a mere fallacy and absurdity not warranted by the Text; which saith not, that they shall only cry out; or that they shall use no remedy or resistance, but crying out; which had been material, but barely, ye shall cry out in that day, etc. Ergo, they must and should only cry out, and not resist at all▪ is a gross Nonsequitur: which Argument because much cried up, I shall demonstrate the palpable absurdity of it by many parallel instances. First, Every Christian is bound to pray for Kings and Magistrates, 1 Tim. 2. 1, 2. Ergo, they must only pray and not fight for them, nor yield tribute or obedience to them: Kings and their Subjects too are bound to cry out, and pray to God against foreign enemies that come to war against them, as h Exod. 14. Moses did against Pharaoh and his Host, i Psa. 59 1, 10 and other Psal. David against his enemies, k 2 Chron. 32. 20. 2 King. 19 Hezekiah against Sennacherib and his Host, l 2 Chron. 14. 9 9 to 15. Asa against his enemies, m 2 Chron. 13 14, 15, 16. Abijah and the men of judah against jeroboam and the Israelites their enemies; and as all Christians usually do against their enemies. (Yea, I make no doubt but the Doctor, and other Court-Chaplains, inform his Majesty and the Cavalleers, that they must cry to God against the Parliamenteers and Roundheads now in Arms to resist them;) Ergo, they must only pray, but in no wise resist or fight against them; All men must pray to God for their n Mat. 16. 11. daily bread: Ergo, they must only pray and not labour for it; Sick o jam. 5. 14, 15, 16. persons must pray to God to restore their health: Ergo, they must take no Physic, but only pray; All men are expressly commanded to p Psal. 50. 15 cry and call upon God in the day of trouble, Ergo, they must use no means but prayer to free themselves from trouble; pretty Logic, Reason, Divinity, fitter for derision then any serious Answer. This is all this Text concludes, and that grossly mistaken Speech of Saint Ambrose, Christians weapons are Prayers, and Tears; of which anon in its due place. In one word, prayer no more excludes resistance, than resistance, prayer, both of them may, and sometimes (when defence is necessary, as now) ought to concur; so that our Court Doctors may as well argue, (as some Prelates not long since did in word and deed) Ministers ought to pray, and God's * Matth. 21. 13. House is an Oratory for prayer: Ergo, they must not Preach (atleast, very seldom) nor make his House an Auditory for Preaching: Or as rationally reason from this Text, That Subjects must cry out to God against their king's oppressions, Ergo, they must not petition their Kings, much less complain to their Parliament for relief; as conclude from thence; Ergo, they may in no case resist the king, Object. 8. or his invading Forces, though they endeavour to subvert Religion, Laws, Liberties, as the Doctor himself states the controversy: whose arguments will hardly satisfy conscience, being so void of reason, ●ence, yea science. The eighth is this, q Dr Ferne, Sect. 2, 3. An Appeal to thy Conscience. None of the Prophets in the old Testament, reprehending the Kings of Israel and judah for their gross Idolatry, cruelty, oppression, did call upon the Elders of the people for the duty of resistance; neither do we find the people resisting, or taking up Arms against any of their kings, no not against Ahab or Manasseh, upon any of these grounds: Ergo, resistance is unlawful. To which I must reply, first, Answ. 1. That none of the Prophets did ever forbid resistance in such cases, under pain of Damnation, as our new Doctors do now; Ergo, it was lawful, because not prohibited. Secondly, 2. that as none of the people werethens inhibited to resist, so not dehorted from it: therefore they might freely have done it, had they had hearts and zeal to do it. Thirdly, 3. * Antiqu. jud. l. 4. c. 8. josephus resolves expressly, That by the very Law of God, Deuter. 17. If the King did contrary to that Law, multiply silver, gold, and horses to himself, more than was fitting, the Israelites might lawfully resist him, and were bound to do it, to preserve themselves from Tyranny; Therefore no doubt they might have lawfully resisted their King's Idolatry, cruelty oppressions. Fourthly, 4. q Explained. Artit. 42. Operum, Tom. 1. 84 Hulderichus Zuinglius, a famous Protestant Divine, with others, positively affirms, That the Israelites might not only lawfully resist, but likewise depose their Kings for their wickednesses and Idolatries; yea, That all the people were justly punished by God, because they removed not their flagitious, idolatrous Kings and Princes out of their places, which he proves by Ie●em 15. where after the four Plagues there recited, the Prophet subjoins the cause of them, saying, Verse 4. I will give them in fury to all the Kingdoms of the Earth, (that is, I will stir up in fury all the kings of the earth against them) because of Manasseh the son of Hezekiah king of judah, for that which he did in jerusalem. This Manasseh had committed many wickednesses by Idolatry and the shedding of innocent blood, as we may see in the one and twentieth Chapter of the second of the Kings; for which evils the Lord grievously punished the people of Israel: Manasseh shed over much innocent blood, until he had filled jerusalem even to the mouth, with his sins wherewith he made judah to sin, that it might do evil before the Lord: Therefore because Manasseh King of judah did these most vile abominations, above all that the Amorites had done before him, and made the Land of judah to sin in his uncleanness, therefore thus saith the Lord God of Israel, Behold, I will bring evil upon jerusalem and judah, that whosever shall hear, both his ears shall tingle etc. In sum, if the jews had not thus permitted their King to be wicked WITHOUT PUNISMENT; they had not been so grievously punished by God. We ought to pull and cast away even our eye that offends, so a hand and foot, etc. If the Israelites had thus DEPOSED Manasseh by consent and suffrages of all, or the greatest part of the multitude, they had not been so grievously punished of God. So Zuinglius, with whom even s Third Part of the True Difference between Christion subjection, &c p. 513. 514. B. Bilson himself in some sort accords, who in descending & interpreting his opinion, confesseth, That it is a question among the Learned, What Soveraigney the whole people of Israel had over their Kings; t 1 Sam. 14. confessing, that the people's rescuing jonathan that he ●●ed not, when Saul would have put him to death, u 1 Chron. 13. David's speech to the people when he purposed to reduce the Ark, x 1 Kin. 12. all the Congregations speech and carriage toward Rehoboam when they came to make him King, with the y ●er. 26. people's speech to jeremy, Thou shalt die the death; have persuaded some, and might lead Zuinglius to think, that the people of Israel, notwithstanding they called for a King, yet RESERVED TO THEMSELVES SUFFICIENT AUTHORITY TO OVERRULE THEIR KING, IN THOSE THINGS WHICH SEEMED EXPEDIENT AND NEEDFUL FOR THE PUBLIC WELFARE▪ else God would not punish the people for the king's iniquity, which they must suffer, and not redress. Which opinion, if as Orthodox, as these learned Divines and josephus aver it, not only quite ruins our Opposites Argument, but their whole Treatises and cause at once. But five, I answer, that subjects not only by command of God's Prophets, but of God himself, and by his special approbation have taken up Arms against their Idolatrous Princes, to ruin them and their Posterities: A truth so apparent in Scripture, that I wonder our purblind Doctors discern it not: For did not God himself, notwithstanding his frequent (conditional) promises to establish the Kingdom of Israel on David, Solomon and their Posterity; for z 1 King. 11. 1. to 40. Solomon's gross Idolatry (occasioned by his Wives) tell Solomon in express terms? Wherhfore for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes, which I have commanded thee, I will surely REND THE KINGDOM FROM THEE, and will give it to thy servant. Notwithstanding in thy days I will not do it, for David thy father's sake; but I will rend it out of the hand of thy son. Did not the Prophet. Abijah in pursuance hereof, rending jeroboam garment into twelve pieces, tell him? Thus saith the Lord, the God of Israel, behold, I will rend the Kingdom out of the hand of Solomon, and will give ten tribes to thee; And I will take the Kingdom out of his son's hand, and will give it unto thee, even ten Tribes; and I will take thee, and thou shalt reign according to all that thy soul desireth, and shalt be King over Israel; and I will for this afflict the Seed of David. a 1 King. 12. ● Chr. 10. Yea, did not ALL ISRAEL upon Solomon's death, when Rehoboam his son refused to grant their just requests at their coming to Sechem to make him king, use this speech to the king, What Portion have we in David? neither have we inheritance in the son of jesse, to your Tents o Israel: now see to thine own house David. Whereupon they departed and fell away from the house of David everafter, and made jereboam King over all Israel. And doth not the Text directly affirm? Wherefore Rehoboam harkened not unto the people, for the cause was from the Lord, that he might perform the saying which the Lord spoke to Abijah unto jeroboam, the son of Nebat. After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience, the Word of the Lord came to Shemaiah the man of God, saying, Speak unto Rehoboam and all the house of judah and Benjamin, Thus SAITH THE LORD, Ye shall not go up to fight against your brethren the children of Israel, return every man to his house; FOR THIS THING IS FROM ME; They harkened therefore to the word of the Lord and returned to depart, according to the word of the lord Lo here a Kingdom quite rend away from the very house of David; yea, a new King and kingdom erected by the People, by Gods and his Prophets special direction, and approbation, for King Solomon's Idolatry. Who is such a stranger to the sacred Story, but hath ofttimes read, how God anointed jehu King, of purpose to extirpate and cut off the whole house of K. Ahab his Lard for his and jezabels' Idolatry and bloodshed, in slaying the Prophets, and unjustly executing Naboth for his Vineyard? in performance whereof he s●ew his Sovereign King joram, Ahaziah King of judah, Queen jezabel, all Ahabs posterity, his great men, his Nobles, and all the Priests and Worshippers of Baal, till he left none remaining, according to the word of the Lord which he spoke by his servant Elijah, a Kings c. 9 & 10. For which good service the Lord said unto jehu, Because THOU HAST DONE WELL in executing that which is right in mine eyes, and hast done unto the house of Ahab according to all that was IN MINE HEART, thy children of the ●. generation, shall sit on the Throne of Israel. This fact therefore of his thus specially commanded, approved, rewarded by God himself, must needs be just and lawful, not Treason, not Rebellion in jehu, unless the Opposites will charge God to be the author, approver, and rewarder o●fin, of Treason. Neither will it serve their turns to Reply, Evasion, Reply. that this was an extraordinary example, not to be imitated without such a special commission from heaven, as jehu had, and no man can now a days expect; b Deut. 13. throughout. c. 17. 1. to 8. For since God hath frequently enjoined all gross incorrigible Idolaters (especially those who are nearest and dearest to, and most potent to seduce us) to be put to death, without any pity, or exception of Kings, whose examples are most pernicious, and apt to corrupt the whole Nation, as the precedents of the Idolatrous kings of Israel and judah abundantly evidence) if Kings become open professed Idolaters, though private persons may not murder them, and their families, as jehu; yet the representative body, or greater part of their Kingdoms, (as many Pious Divines affirm) may lawfully convent, depose, if not judge them capitally for it: and Gods putting zeal and courage into their hearts, or exciting them by his faithful Ministers, to such a proceeding, is a sufficient Divine Commission to satisfy Conscience, if no sinister private ends, but mere zeal of God's glory, and detestation of Idolatry be the only Motives to such their proceedings. c 1 Kin. 15. 27. to 34. c. 16. 1. 2. Thus we read, God stirred up Baach●, exalted out of the dust, and made him a Prince over the house of Israel, who slew king Nadab, and smote all the house of Jeroboam, till he left him not any that breathed, because of the sins of jeroboam which he sinned, and which he made Israel sin, d 1 Kings 16. 1, to 20. by his provocation where with he provoked the Lord God of Israel to anger; who going on after in jeroboams sins, God threatens to ●ut off all his house, and make it like the house of jeroboam; which was actually executed by Zimri, who slew his Sovereign King Elah, son to Baacha, With all the house of Baacha, and left not one that pissed against the wall, neither of his kinsfolks▪ nor of his friends, according to the word of the Lord which he spoke against Baacha by jehu the Prophet. Which act of Zimri, though a just judgement in regard of God, on the family of Baacha for their Idolatry, was notwithstanding reputed Treason in Zimri, because he did it not out of Conscience or zeal against Idolatry, being, and continuing an Idolater himself; but only out of ambition to usurp the Crown, without the peeples consent; whereupon all the people made Omri King and then going all to the Royal Palace, set it on fire, and burned Omri in it, both for his sins, Idolatries, and Treason which he wrought. We read expressly, e 2 Chron. 25. 27, 28. c, 6. 1. to 6. 1 King. 14. 19, 20, 21, c, 15. that after the time that Amaziah did turn away from following the Lord, they (for this) conspired a conspiracy against him in jerusalem, and he fled to Lachish, but they sent to Lachish after him, and slew him there; and they brought him upon horses, and buried him with his fathers in the City of judah. Then all the people of judah took Uzziah, who was 16 years old, and MADE HIM KING in the room of his father Amaziah, and he did that which was right in the sight of the Lord. So f 2 King. 15. Zachariah, Shallum, Pekahiah, Pekah, four evil Kings of judah, successiuly acquiring the Crown by murder, and reigning evilly in God's sight, were all slain by God's just judgement on them, of one another, and Hoshea. In few words, God himself ever annexed this condition to the Kings of Israel and judah, that they should serve and fear him, obey his Laws, keep his Covenant, otherwise if they did wickedly forsake him, or commit idolatry, he would destroy, forsake, and cast them and their seed off from being * 1 Sam. 12. 14. 15. 25. 2 Sam. 7. 11, 12, 14, 15, 16. Psa. 89. 30, 31, 32. 1 Chro. 28. 7, 8, 9 1 Kin. 11. 9, 10, 11, 12, 32, 38, 1 Sam. 15. 23, 26, 27, 28 29, ●5. c. 16. 1. compared with Deut. 17. 16. to the end. Kings. When therefore they apparently violated the condition, the whole State and people, as God's Instruments, lawfully might, and sometimes did by God's special direction, remov depose, and sometimes put them even to death for their gross iniquities, and idolatries; and when they did it not, it was not (as many think) for want of lawful Sovereign Authority remaining in the whole State and people, (as I shall fully manifest in the Appendix) but out of a defect of zeal, out of a general complying with their Kings in g 1 King 12. 30. c. 13. 33. 34. ●. 14. 7. to 17. c. 15. to the end of, c. 22. 2 King. ●. 1. to the end of c. 25. 2 Chro. 10. 10. to the end of c. 24. their abominable idolatries and sins, which brought War, Captivity, ruin, both on their Kings, their Posterity, the whole Nation and Kingdoms of judah, and Israel, as the Sacred Story plentifully relates. All which considered, this objection proves not only false, but fatal to the Obiectors cause, who might with more discretion have forborn, then forced such an answer to it, which I hope and desire no private persons will abuse to justify any disloyalty, sedition, Treason, Rebellion, or taking up of Arms against their lawful Princes, though never so evil, without the public consent and authority of the representative bodies or major part of their several Realms, biased with no sinister nor private respects, but aiming only at God's glory, and the public weal, security, peace of Church and State. Thus much in answer to the principal Objections out of the Old Testament. The ninth and most material h Dr Ferne, Sect. 2. p. 10, 11, 12. and elsewhere. The necessity of Christian Subjection, Oxford, 1643. Appeal to thy Conscience, 1643. The Lords Anointed, Oxford, 1643 with others. Objection, Object. 9 on which our Opposites principally rely, is that noted Text in the new Testament, Rom. 13. 1, 2. Let every soul be subject unto the higher Powers, for there is no Power but of God; the Powers that be, are Ordained of God. Whosoever therefore resisteth the Power, resisteth the Ordinance of God, and they that resist, shall receive to themselves damnation. From whence Dr. Fern concludes, 1. That the King is the Supreme or Highest Power here intended. 2. That all persons under the Highest Power are expressly forbidden to resist. 3. That in those days there was a standing and continual great Senate, which not long before had the Supreme Power in the Roman State, and might challenge more by the fundamentals of that State, than our Great Council will or can. But now the Emperor being supreme, as S. Peter calls him, or the Higher Power, as S. Paul here, there is no power of resistance left to any that are under him, by the Apostle. 4 Was there ever more cause of resistance then in those days? Were not the Kings than not only conceived to be inclined so, and so, but even actually to be enemies of Religion, had overthrown Laws and Liberties? And therefore if any should from the Apostles reasons that he gives against resistance in the 3, 4, 5, Verses, (for Rulers are not a ●error to good works, but evil, and he is the Minster of God to thee for good) reply, That Rulers so long as they are not a terror to the good, but ministers for our good, are not to be resisted; the consideration of those times leaves no place for such exception, because the Powers then (which the Apostle forbids to resist) were nothing so, but subverters of that which was good and just. The Emperors did then indeed rule absolutely and arbitrarily, which should have according to the Principles of those days been a stronger motive to resist. But how did they make themselves of Subjects such absolute Monarches? was it not by force and change of the Government? and was not the right of the People and Senate (according to the Principles of these days) good against them, with as much or more reason, than the right of the people of this Land is against the Succession of this Crown, descending by three Conquests? 5. The prohibition doth not only concern Christians, but all the people under those Emperors, and not only Religion was persecuted, but Liberties also lost, the people and Senate were then enslaved by Edicts and Laws then enforced on them, by Nero and other Roman Emperors, yet notwithstanding the Apostle prohibits them to resist. By all which conscience will clearly see, it can have no warrant in Scripture for resistance, to wit, of the King, or his invading Forces, by way of necessary defence. So the Doctors and other Ob●ectors hence conclude To give a satisfactory Answer to this grand Objection, Answ. I shall in the first place inquire, Whether there be anything in this Text, prohibiting subjects to resist with Force the armed unjust violence of their Prince's persons or instruments, especially when they are bend to overthrow Religion, Laws, Liberties, the Republic, and turn professed Tyrants? And under correction, I conceive there is not the least syllable or shadow in this Text for any such inhibition, as is pretended. Not to insist upon the words, higher Powers odained of God, etc. which extend not unto Tyranny and illegal exorbitant oppressions, of which hereafter; I shall deduce my first Demonstrations to prove this negative Assertion, from the occasion inducing the Apostle to insert these objected Verses into this Epistle: i Sixfold Comment. on Rom. 13. Quest. 1. p. 578. Dr Willet recites 7. Reasons of it, all fortifying my assertion; I shall mention only the three most probable, most received of them, and apply them as I go. First, the Roman Magistrates being then infidels, the new converted Christians among them, either did, or might take themselves to be wholly exempted from any subjection or obedience to them, reputing it a great incongruity, that Christians should owe any subjection to Pagans: To refute which error, the Apostle informs them, that though the Magistrates themselves were Ethnics, yet their Authority and Power was from God himself; therefore their profession of Christianity did rather oblige them to, then exempt them from subjection. Thus Haymo Soto, Calvin, Guather, Marlorat, Willet, Pareus, with others on this Text. Turn this Reason then into an Argument, and it will be but this Non sequitur: Christianity exempts not subjects from due obedience to just Pagan Magistrates, Ergo, Tyrants may not be resisted, neither aught the Parliament and their Forces to resist the Kings Cavalleers unjust assaults, as the case is formerly stated. Pretty Logic, and Divinity. 2. The Gaulonites, as k Antiqu. jud. l. 18. c. 1. 2. josephus records, with other jews, being Abraham's seed, held it unlawful for them to yield any subjection or tribute to the Roman Emperors, or other Heathen Princes, reigning over them; whereupon they demanded this question of Christ himself, Is it lawful to pay tribute to Caesar? Matth. 12. which error perehance spread itself into the Christian Church, by reason of Evangelicall Liberty, grounded on joh. 8. If the Son shall make you free, then are ye free indeed; Mat. 17. The● are the Children free; and Ro. 6. We are not under the Law, but under Grace. To refel this mistake, the Apostle inserted these passages into this Epistle; Thus Soto, Calvin, Peter Martyr, Willet, and others. Whence nothing but this can be properly concluded, Neither the Prerogative of the jews, nor Liberty of Christians exempts them from due subjection to lawful heathen Magistrates, because they are God's Ordinance, Ergo, No Subjects can with safe conscience defend themselves in any case against the unjust invasions of Tyrannical Princes or their Armies. A palpable Inconsequent. Thirdly, the Apostle having formerly taught, * Rom. 12. 〈◊〉. that Christians might not avenge themselves: lest some might have inferred thereupon (as many * O siander. Enchir. cont●. cap. 9 de Magist. Polit. Anabaptists have done) that it was not lawful for Christians to use the Magistrates defence against wrongs, nor for the Magistrate himself to take vengeance of evil doers: To prevent this the Apostle argues, That the Magistrates are Gods Ministers, appointed by him to punish Malefactors, and take vengeance on them. So Gualther, Willet, and others. To conclude from this ground: Oppressed Subjects may seek redress of their grievances from the Magistrates, who may lawfully punish Malefactors, Ergo, they may not resist with force, Tyrannical bloody Magistrates, or their wicked Instruments, when they actually make war upon them, to ruin, spoil, enslave them, is but a ridiculous Non sequitur. There is nothing therefore in the occasions of the Apostles words which gives the least colour, to disprove the lawfulness of such resistance, or of the Parliaments just defensive war. Secondly, this is manifest by the whole Scope of this Text, which in sum is only this, That Christians ought in conscience to (l) be subject to all lawful higher Powers, so far forth as they are God's Ordinance, God's Ministers, for their good, to the praise of the good, and punishment of evil doers, and not to resist them in the execution of their just Authority: Or Christianity exempts not Christians from obedience unto faithful Civil Magistrates: to infer from thence. Ergo it is unlawful for Christians in point of conscience to resist their Magistrates when they war upon them to subvert Religion, Laws, Liberties, sl●y, plunder them, is but a mere nonsense deduction. Thirdly, this appears most perspicuously from the motives to obedience, and reasons against resistance of Magistrates specified by the Apostle in the text itself. First, the higher Powers must be submitted to, and not resisted, because they are ordained of God, and are God's Ordinance, vers. 1. 2. But they are ordained of God and his Ordinance, so far forth only as they govern according to his Word; and preserve, m Isay 32. 1, 2. c. 49. 23. 1 Sa. 8. 20. Psa. 78. 72, 73, 74. protect Religion, Laws, Liberties, the persons and estates of their people; They are not God's Ordinance, but the Devils, n Paraeus, Willet, Soto, and others. when they do quite contrary, o 1 Pet. 5. 8. walking about like roaring Lions, se●k●ng whom they may devour, as the Devil doth; According to that resolution of Bracton, and Fl●ta p Lib. 3. c. 9 f. 107. Exercere debet Rex potestatem juris sicut Dei Vicarius & Ministeri in terra, quia illa Potestas SOLIVS DEI EST potestas autem injuriae DIABOLI ET NON. DEI; Cujus horum operum fecerit Rex ejus minister crit. ●gitur dum facit justitiam, vicarius est Regis aeterni: MINISTER AUTEM DIABOLI dum declinat ad injuriam. q El●ta, l. 1. c. 17. Therefore they are so far forth only to be obeyed and not resisted, as they are God's Ordinance, and lawful Magistrates, not a● they are tyrants and the Devils Agents: we might have obeyed the evil spirits themselves whiles they continued good Angels; Ergo we must not resist them now they are turned Devils, is 〈◊〉 Logic, course Divinity, contrary to the 1 Pet. 5. 8, 9 jam. 4. 7. Secondly, because those who resist shall receive to themselves damnation, temporal or eternal, since they resist God's Ordinance, v. 2 But that subjects should be temporally and eternally damned, only for resisting tyrannical Magistrates or their Cavaliers, and that by authority from the Parliament, when they with armed violence most impiously s●t themselves o subvert Religion, Laws, Liberty, Propertie, and take away their lives, against all Laws of God and Man; for which they themselves incur both r I say 14▪ 4. to 2●. 1 king 1. 21, & 22. Psal. 5, ●. 1. to 7. Psa. 7. 13. Psa. 94. 20. 21. 23, Psal. 140. ●. to 13. temporal and eternal damnation, ●s ●●ch a Paradox, as is no ways warranted by, but directly opposite to the Scripture. Therefore it must be intended only of resisting lawful Authority, and just commands. 3. They must be subjected to, not refisted, because Rulers are not aterror to good work, but to evil, v. 3. Now is this a reason why Subjects should not resist tyrannical oppressing Princes, Magistrates, or their Instruments, who are only a terror to good works, not to evil? who do s Psal. 140. 1. to 6. Prov 1. 16. Mich. 2. 1. 3. ●. 3. 23. 1●. 3. evil and only evil continually, even with both hands? doubtless not. We must not resist Rulers who are a terror to good works but to evil; Ergo, we must not resist Rulers, who are a terror to good works, not to evil, as our Opposites conclude hence, is to argue pointblank against the Apostle; Ergo, we may and must resist them to our powers, lest we be t Rom. 1. 31. 32. 1 Tim. 5. 22 2 john 10. 11. Rev. 1●. 4. partakers of their sins and punishments, and become authors of Religions and the Commonwealths subversion, is a more proper inference. Fourthly, the Apostle subjoins this argument against resistance. Wilt thou not then be afraid of the power? do that which is good, and thou shalt have praise of the same, Vers. 3. That power is not to be resisted, which we need not be afraid of, and of whom we shall have praise whiles we do that which is good: But this only can be intended of a lawful power justly executed; not of Tyrants, or their ill Ministers bend with force of arms to ruin Religion, Laws, Liberties,; who only terrify, disgrace, discountenance those that are good; applaud, advance none but those who are evil, and as Micah writes, Chap. 3. 2. 3. Love the evil and hate the good, and pluck off their skin from off them, and their flesh from off their bones, etc. Therefore this inhibition of resistance extends only to lawful Magistrates, not to ungodly oppressing Tyrants. Fiftly, he is not to be resisted, but obeyed; because he is the Minister of God to thee for good, Vers. 4. But is this true of Tyrants? of ungodly Magistrates bend to subvert Religion, Laws, Liberties, and destroy their people? True of u See Sueto●nius, Eutropius, Zonaras, Grimston and others in their lives. Caligula, of Nero, who wished all the Romans had but one neck, that he might cut them all off at one stroke; and purposely fired Rome to consume it, beholding the flames as a most delightful spectacle? Are such the Ministers of God for our good here intended? or not rather, x See Seneca de Clem. l. 1. Hosea 13. 11. the very Pests, judgements, Scourges, Wolves, Cutthroats, destroyers of mankind, and direct Antinodes to all things that are good? If these be not within the Apostles definition, they are with out his inhibition; which extends only to such, who are the Ministers of God to us for good: and implies a lawfulness of resisting those who are the Devils Ministers to us for evil, rather than Gods for good. Sixtly, He subjoins this further reason of obedience and not resistance, Vers. 5. But if thou dost that which is evil be afraid; for he beareth not the Sword in vain; for he is the Minister of God, a revenger, to execute wrath upon him that doth evil; which no ways suits with a Tyrant bend to subvert Religion, Laws, Liberties: For he secures all evil men, especially those who are instrumental to advance his cruelty, and oppressions; gives liberty to all manner of wickednesses, Proclaims impunity to his ill instruments, knowing that of the Poet to be true; y Lu●●n. de Bello Civili. l. 8. p. 141. Libert as scelerum est quae Regna invisa tuetur, etc. He beareth the sword not only in vain, in reference to any good end, for the promoting of God's glory and the public good; but likewise draweth it forth, and useth it directly against both; And is so far from being a Minister of God, or revenger to execute wrath upon them that do evil, that he is the very Minister of the Devil, z See Fox Acts and Monuments throughout. a bloody implacable revenger to execute wrath upon those only that do good: Such was Nero, who then reigned, of whom a Apolog. c. 5. and Seneca de v●ta beata, c. 24. Tertullian, Nihil nisi grande aliquid bonum a Nerone damnatum. This reason than extends only to righteous Governors, in their execution of justice upon wicked malefactors wherein they must not be resisted; Not to bloody, graceless, lawless Tyrants and their instruments, who by the rule of contraries may and aught to be resisted in their cruelties, oppressions, impieties. Seventhly, the Apostle hereupon concludes, Vers. 5. Wherefore you must of necessity be subject not only for wrath, but also for conscience sake. This conclusion as the word, Wherefore, demonstrates, being inferred from the premised reasons, extending only to just and upright Magistrates, not to Tyrants, as they are such; must relate wholly unto them; namely, that we must of necessity be subject unto just rules, and the higher powers, governing uprightly; Because they are God's Ordinance; because those who resist them shall receive damnation: Because they are not a Terror to good works, but to evil: because we shall have praise of them if we do good; because they are the Ministers of God to u● for good; and because they are Gods Ministers and revengers, to execute wrath upon them only that do evil: b See Fox Acts and Monument, Eusebius, Socrates, Scholast, Nicephorus, Grimst●n in his life of julian the Apostate and others. Neither of which reasons extending to Tyrants, this conclusion can never reach to them; since no Law of God or man, necessitates any one to be subject, not only for wrath, but even for conscience sake, to the unjust commands and violence of Tyrants, but the quite contrary: Should Tyrants enjoin men, as some have done, to offer sacrifice to Idols, to renounce Christianity, abjure jesus Christ, and yield up their chastity to their unruly lusts; God's c Dan. 3. 5. to 25. Acts 4. 20. c. 5. 28, 29. Law and conscience in such cases enjoins them of necessity to disobey and resist those commands, even for conscience sake; as every man endued with conscience must acknowledge; Therefore this Text extends not to resistance of such exorbitant powers in such lawless cases. Eighthly, the Apostle thus proceeds, Vers. 6. For this cause also pay you tribute, for they are Gods Ministers, attending continually upon this very thing. What, do men pay any Tribute to Princes or Magistrates for this cause, that they may subvert Religion, Laws, Liberties? that they may plunder, murder, war upon, and expose them to the rapine of their ungodly Malignant Cavaliers? Or are Magistrates, God's Ministers, attending continually upon this very thing, to ruin Parliaments, Church, State, people? would any men, think you, give Tyrant's wages for such a service, to cut their throats, to devour and undo them in soul, body, estate? Or do not they pay tribute to, and Magistrates attend continually upon quite contrary employments? If so, as none can contradict, than the resistance here is only intended of lawful Magistrates, who continually attend upon their charge, to protect the good, and punish Malefactors; not of Tyrants, who do quite contrary; and therefore are to be resisted. Ninthly, he infers from the premises, Vers. 7. Render therefore to every man his due, tribute to whom tribute, custom to whom custom, fear to whom fear, honour to whom honour: By what Law of God are obedience, fear and honour due to Tyrants in their ungodly, exorbitant, unjust commands, to subvert Religion, Laws, Liberties? Certainly the Apostle hath no where in this Text, nor God himself in any other Scripture expressed such obedience, resistance, fear or honour to be due unto them: and Elisha his speech to King jehoram, 2 King 3. 13. 14 compared with Ezek. 21. 25. job 12. 19 21. Ch. 34. 19 Nehem. 4. 7. to 20. Ch. 13. 17. Isa. 1. 23. Ch. 41. 25. Lam. 1. 6. Ch. 5. 2 proves directly, that they are not their due. Therefore this Text extends not to them, but only to lawful Magistrates. Lastly, he concludes hence, Vers. 8. Owe no man any thing, but to love one another: for be that loveth another hath fulfilled the Law. Now no such Love is owing to Tyrants who subvert Religion, Laws, Liberties; but we are to hate them with a perfect hatred, as enemies both to God and man, borne for the public prejudice, Psal. 139. 21. 22. Psal. 109. 1. to 21. 28, 29. but only just and upright Magistrates: Therefore this Text is intended only of them. By all these premises it is undeniable, that the resistance here prohibited is only of lawful Magistrates in the due execution of their Offices, according to the Laws of God and the Realms they live in; not of tyrannical oppressing Princes, Rulers, or their instruments forcibly endeavouring to ruin Religion, Laws, Liberties, Parliaments, Kingdoms; which fully refutes the Doctor's fourth Observation; of which more anon. I now proceed to some farther disquisitions for the final clearing of this Text; and herein I shall examine, First, what is meant by higher powers: whether Kings or the Roman Emperor only, as our objectors pretend, or all civil Magistrates whatsoever as well as Kings? Secondly, whether the Roman Emperor in Paul's time were the highest Sovereign power in that State, or the Senate? Thirdly, whether Tyrants and unjust oppressing Magistrates, as they are such, be within the intendment of this Text, and not to be resisted in any case. Fourthly, whether Kings and kingdoms be God's Ordinance; or an institution jure divino; or a humane ordinance jure humano; and how far divine or humane? Fiftly, what resistance of the higher powers is here prohibited? For the first of these. By the higher Powers it is clear, that Kings and Emperors only are not meant, as our opposites dream; but all kind of civil Rulers and temporal Magistrates whatsoever, from the King himself to the Constable and Tithingman: As is apparent, first, by the word, higher Powers, used indefinitely in the plural number, without mentioning any special kind of power. Secondly, by those words; There is NO POWER but of God▪ the powers THAT ARE (that is, all lawful powers whatsoever now in being) are ordained of God: which universal Negative, and Affirmative, must necessarily include all lawful civil powers. Thirdly, by the following words: d See Exod. 16. 22. c. 34. ●1 2 King. 10. 1. 1 Chron. 26. 32 Ezra 9 2. c. 10. 14 N●h●m. 2. 16. c. 5. 17. c. 13. 11. Ezek. 23 6. Joh. 7. 48. c. 12. 42. Acts 4, 5. 8▪ 26. For Rulers, etc. that is, all Rulers in the plural number; a Title common to all inferior Officers: witness Exod. 18. 21. 22. 25, 26. (See 1 Chron. 12. 14.) And Moses chose able men out of all Israel, and made them HEADS over the people: RULERS of thousands, Rulers of hundreds, Rulers of fifties, and Rulers of ten, (such as our Tithingmen are) and they judged the people at all seasons. So that the Tithingman is a Ruler, a higher power within this Text. Fourthly, the word Ministers, For they are Gods Ministers, etc. in the plural too, extending generally to all officers. Fiftly, by v. 6, 7, 8. Render therefore to ALL their deuce, (that is, to all Magistrates whatsoever; as these ensuing words evidence) tribute to whom tribu●e is due, custom to whom custom, fear to whom fear, honour to whom honour: Owe nothing to ANY MAN, etc. that is, to ANY Magistrate, or Ruler of what kind soever. Sixtly, by parallel Texts, extending as well to inferior lawful Magistrates and Officers, as to Kings, as ● Tim. 2. 1. I exhort therefore, that first of all supplications, prayers, etc. be made for all men; for Kings, and ALL THAT BE IN AUTHORITY, etc. Titus 3. 1. Put them in mind to be subject to principalities and powers, to obey Magistrates (all in the plural:) 1 Pet. 2. 13. 14. Submit yourselves to EVERY ORDINANCE of man for the Lords sake; whether it be to the King as supreme, or unto GOVERNORS, (in the plural) as unto those that are sent by him, for the punishment of evil doers, and the praise of them that do well; Compared with josh. 1. 16. 17. 18. Ezra 7. 25, 26. Ephes. 6. 1. 5. Col. 3. 18. 20. 23. 1 Tim. 6. 1. Heb. 13. 17. Exod. 22. 28. Chap. 18. 21, 22. 25▪ 26. 2 Kings 11. 4. Seventhly, by all Expositors generally on this Text, ancient, modern, Protestants, Papists, who grant, that this Text extends to all civil Magistrates, as well inferior and subordinate, as superior, (and many stick not to strain it even to Ecclesiastical ones) So Origen, Ambrose, Hierome, Remigius, Theodulus, chrysostom, Theodoret, Primasius, Haymo, Rabanus Maurus, Theophylact, O●cumenius, Haymo, Aquinas, Anselm, jyra, Bruno, Gorran, Hugo de Sancto Victore, Tostatus, Luther, Calvin, Erasmus, Melanchthon, Gualther, Musculus, Bucer, Hemingius, Ferus, Fayus, Soto, Alexander Alesius, Peter Martyr, Pareus, Beza, Piscator, Zuinglius, Tollet, Willet, Wilson, Nacclantus, Snecanus, Vignerius, Wenerichius, Winckelman, Estius, Faber, Cornelius a Lapide, Salmeron, Catharinus, Guilliandus, Adam Sasbout with sundry others. This then being irrefragable, hereby it is most apparent; First, that no resistance of the higher powers is here prohibited, but only in the due and legal execution of their offices: For if any inferior Officers illegally endeavour to subvert Religion, Laws, Liberties, and unrightly govern the people, they may lawfully be resisted by them: For example, if a Mayor, Justice of Peace, Constable or other officer; extravagating from the common course of Law and Justice; shall with force of arms in a riotous manner assault any private man, or the whole City or Village where he lives, to beat, wound, kill, plunder, dispossess the inhabitants of their houses, goods, franchises, or assult them on the highway side, to take away their purses; in these and such like cases, both in point of Law and conscience he may not only be forcibly resisted, but repulsed, apprehended, battered, if not lawfully slain by the people, and proceeded against as a delinquent: The reason is, because these illegal unjust actions, are not only besides, without their Commissions, but directly contrary to their offices, and the Laws, which never gave them authority to act such injustice: yet they are higher Powers ordained of God, within this Text, and no way to be resisted in the due execution of their Offices according to Law. If then these inferior Officers may be thus forcibly resisted, repulsed, notwithstanding this Text, in such cases as these; then by the self same reason Kings and Emperors may be thus resisted too; since the Text extends indifferently to them both. Let then the objectors take their choice; either affirm, that no inferior lawful Officers whatsoever, may be forcibly resisted, by the people, or repulsed, arraigned, censured for their misdemeanour, by virtue of this Text; which would bring an absolute Tyranny, Anarchy and confusion presently into the world, and make every Constable as great a Tyrant, Monarch as the grand Emperor of the Turks; or else confess, that this Text condemns not such resistance, even of Kings and Princes, when they forcibly war upon their Subjects to subvert Religion, Laws, Liberties, and ruin the republic; since it makes no distinction at all between the onespower and the others; but equally enjoins subjection, prohibits resistance unto both; and that only in just administration of their several authorities, not in the arbitrary unjust prosecutions of their wills and lusts. Secondly, it follows, that the King's Soldiers, Cavaliers and Forces now raised against Law, and armed only with illegal Commissions void in Law, as I have proved; are none of the high powers ordained of God, nor lawful Rulers or Magistrates within the meaning of this Scripture; and so the forcible resisting of them, and of the King's illegal commands and designs executed by them, is no resistance of the higher powers here prohibited. Thirdly, that t●e Ho●ses of Parliament being in truth the highest powers ordained of God in this Realm, and their just legal Ordinances, Votes, Forces, for the necessary defence of Laws, Liberties, Religion, against the King's ill Counsellors, and Malignant Popish Forces, neither may, nor ought in conscience to be resisted by the King himself, or any of his Subjects, Soldiers, under the peril of that damnation mentioned in this Chapter. For the second, Whether the Roman Emperor in Paul's time was the highest Sovereign power in the Roman State, Quest. 2. or not? It is taken for granted by Doctor Ferne and other a Doctor Ferne, Appeal to thy conscience; The necessity of subjection. opposites, that he was, as a thing past doubt, the Senate and people (as they say) having resigned up their power to the Emperor. But this no doubt is a gross error, (which I have largely refuted in the Appendix, and therefore shall be the briefer hear) derived from some civil Lawyers; who out of justinian. Digest. lib. 2. Tet. 2. and Instit. Tit. 2. falsely affirm, that Lege Regia; by the regal Law the Senate and people transferred all their Empire and power unto the Emperor. For first the Senate and people (as Albericus Gentilis b Albericus Gentilis, de Iu. Belli. l. 3. c. 13. p. 309. well observes) did not by this Law give the Emperor all power and command to dispose of them, or the lands and revenues of the Empire, as he pleased; but only to govern them according to their Laws, as men; not to slay and alienate them as beasts. Thus reason dictates, so the words of the Law sound. c Alci. l. 3. de V. s. l. 35. & de pact. Divines are deceived, Lawyers flatter, who persuade, that all things are lawful to Princes, and that their power is highest and free. It is ridiculous to affirm, that absolute power over the subjects belongs to Popes; which belongs not to the Emperors themselves over the Italians, from whom they derive it. Imagine therefore that the Emperor had a power never so free, yet it is not of dominion, but of administration. d L. 7. de Don. l. 1. quae res, p. 1. da. ob. non. pos. l. 8. qui mo pi. so l. 17. pro. Emp●. And he who hath but a free administration hath not the power of donation. (e) Agardian is then reputed in stead of a Lord, cum tutelam administrat, non cum pupillum spoliat; when he rightly administers his tutelage, not when he spoils his pupil. So Gentilis. If then the Emperors had only a free legal administration, not an absolute dominion; granted them by the people, than this sovereign power still resided in the Senate and people, as justinian Digest. lib. 1. Tit. 2. De Origine juris, will sufficiently manifest: Secondly, f Commonweal, l. 2. c. 5. p. 221. john Bodin a learned Civilian clearly proves: That the Roman Emperors were at the first; nothing else but Princes of the Commonweal, The SOVEREIGNTY NEVERTHELESS STILL RESTING IN THE PEOPLE, and THE SENATE: So that this Commonwealth was then to have been called a Principality; although that Seneca speaking in the person of Nero his Scholar, saith. I am the only man amongst living men, elect and chosen to be the Lieutenant of God upon earth: I am the arbitrator of life and death; I am able of my pleasure to dispose of the state and quality of every man. True it is, that he took upon him this Sovereign authority, by force wrested from the people and Senate of Rome, (therefore not freely given him by any Law) but IN RIGHT HE HAD IT NOT, the State being but a very principality WHEREIN THE PEOPLE HAD THE SOVEREIGNTY. In which case, THERE IS NO DOUBT but that IT IS LAWFUL to proceed against a Tyrant by way of justice, g Suctonius, Zonaras, grimston, Eutropius, Sabel●icus, Op●neerus, and others in his life. if so men may prevail against him: or else by way of fact, and OPEN FORCE, if they may not otherwise have reason; As the Senate did in the first case against NERO: and in the other against Maximinus. So Bodin, who directly resolves, that even in Nero his reign when this Epistle was written, the highest sovereign power was not in the Emperor, but in the Senate and people: who notwithstanding this objected Text, had no doubt a lawful Right, not only to resist Nero when he turned Tyrant with open force, but likewise judicially to arraign and condemn him even to death, as they did, for his public crimes. Now that the Sovereign highest Power remained in the Senate and people notwithstanding this Lex Regia, Marius Salamonius (an incomparable learned Roman Civilian) hath largely proved in his six Books De principatu (purposely written to refu●e the contrary common error) where he writes, First, that the Roman Emperors were created and constituted only by the Senate and people; and that the Creature should be superior to the Creator, the child to the parent, is absurd. Secondly, that the Emperors were but the Senates and people's public servants; therefore they were their Lords; and not inferior, but superior to their servants. Thirdly, that they were subordinate and inferior to the Laws made by the Senate and people; and bound by all their Laws, but such as the Senate and people did by special Acts exempt them from. Fourthly, h Marius Salamonius de Principatu, l. 6. p. 122. to 126. that the people and Senate did by special Laws create, limit, enlarge or abridge their Emperor's power and jurisdiction, as they saw cause, giving sometimes more or less jurisdiction to one Emperor then another: which they could not justly do, were they not the highest Sovereign power. Finally he proves it by the very Lex Regia itself; which because rare and unknown to most, I shall here recite, to inform and reform our ignorant Court Doctors, Lawyers, with Salamonius his observations from it. Lex Regia, was not only one single Law: There was not one Law for all Emperors, but it was revived for every Emperor, yet not with the same conditions. The brass Table which yet hangeth in the Lateran Church, proves that the Royal Law was accustomed to be altered in every Prince's reign AT THE PLEASURE OF THE ROMAN PEOPLE; for it is part of the Royal Law of the Empire of Vespasian, that it should be altered: which had been void, if from the beginning of the Empire a perpetual Law had been made for all successors; the words of the Law are these. Faedusve ●um quibus volet facere, ita ut licuit Divo Augusto, Tiber. julio Caesari Aug. Tyherioque Claudio, julio Caesari Aug. Germanico. Vtique eum Senatum habere, relationem facere, remittere Senatus consulta, per relationem, discessionemque facere lic●at, ut licuit Divo Augusto, Tib●rio, julio Caesari Augusto, Tiberio, Claudio Caesari Augusto Germanico. Vtique quum ex voluntate, auctoritateve, jussu, mandatione ejus, praesenteve eo Senatus habebitur, omnium rerum jus perinde habeatur, servetur, ac si elege Senatus edictus esset, habereturque. Vtique Coss. Magistratus potestatem, imperium, curationemve cuivis rei petenti Senatui populoque Romano commendaverit, quibusve suffragationem suam dederit, promiserit, eorum Comitiis qui busque extra ordinem, ratio habeatur. Vtique ei fines pomaerii proffer, procurare, cum e Rep. censebit esse, liceat; uti licuit Tiberio, Claudio Caesari, Augusto Germanico. Vtique quaecunque ex usu R●ip. majestate divinar: humanar: publicar: privatarumque rerum esse censebit, ea agere, facere jus, potestasque sit, ita uti Divo Aug. Tyberioque, julio Caesari Aug. Tyberioque Claudi● Aug. Germanico fuit. Vtique quibus legibus, Plehisve scitis scriptum fuit, ne Divus Augustus Tyberiusve, jul. Caes. Aug. Tyberiusve, Claudius Caes. Aug. Germanicus tenerentur; his Legibus Plebisque scitis Imp. Aug. Vespatianus solutus sit; quaeque ex quaque Lege, Rogatione Divum Aug. T●b●riumve, jul. Caesarem Aug. Tyb●●iumve, Claudium Caes. Aug. Germanicum facere oportuer at, ea omnia Imperatori Caesari Vespatiano Aug. facere li●●at. Vtique quae a●tè hanc legem rogatam, acta, gesta, decreta, imperata, ab Imp. Caesare Vespatiano Augusto, jussu, mandatuve ejus a quoque sunt, ea perinde just a rata sint, ac si populi plebisve jussu acta essent. Sanctio▪ Si quis hujusce legis ergo adversus leges, rogationes, plebisve scitoe, senatusue consulta fecit, feceritve, sive quod cum ex lege, rogatione, plebisve scito, senatusve consulto facere oportebit, non fecerit, hujus legis ergo, id ei ne fraudi esto, neve quid 〈◊〉 eam rem populo dari debeto, neve de ea re cui, actioneve judicato esto, neve quis de ea re apud eum agisinito. This Law first shows, that there was not one royal Law made for all Emperors, but that for every several Emperor several Laws were necessary, containing the conditions whereupon the Principality was collated by the Roman people: For to Vespasian, it appears power was granted, of enlarging or settling the bounds, as it was granted to Germanicus, but not to other Princes. And in the last Chapter but one, which saith: And by those things which by any Law, etc. it is lawful to do; a larger power is given to Vespasian then to the forenamed Emperors; and that they ought to do some things, which Vespasian ought not to do by Law. Likewise by these words; Vtique quibus legi●us, etc. solu●us sit: it appears that Vespati●n was not freed from all Laws, nor yet the Emperor before him. Likewise o●t of the Chapter where it saith, Ex usu Reip. Majestate, etc. it is evident that not an absolute free administration of things was committed to the Emperors, but only such as was useful, that is, which should be for the profit and honour of the republic: whence is inferred, that those things which were not for the benefit and honour of the Commonweal, Emperors had no right nor power to do. And in the last Chapter is perspicuously set down THAT SUPERIOR POWER OF THE PEOPLE, GREATER THAN THE PRINCIPALITY IT SELF. How then doth Ulpian say, the Prince is loosed from Laws? he saith not from all Laws: verily that he was exempt from many is no doubt, etc. (yet it was by a special clause in th● Lex Regia.) This and much more Salamonius. All which considered, will infallibly evidence, the Roman Senate and People to be the highest power in Paul's time, not the Emperor; wh● even at this day (as i Commonweal l. 2 c. 5. Bodin proves) is inferior to the German States, who are the Sovereign power: when King Henry the fourth of France, Anno 1600. used this speech to the Duke of Savoy; k General History of France, p. 965. If the King of F●ance wou●d be ambitious of any thing greater than his Crown, it might be an Empire, but not in the estate that it is now, the title of Empire being little more than that of the Duke of Venice; the soveraingty (writes the Historian in the Margin) remaining in the States of the Empire. All that is objected against the premises, Object. is that passage of T●rtullian, much insisted on: Colimus erg● & Imperatorem sic, l Ad S●apulam, lib. p. 163. Objected by, The necessity of Subjection, and others. quomodo & n●bis lic●t, & ipsi expedit, ut homi●em à DEO SECUNDUM; & quicquid est à De● c●●secutum, SOLO DEO MINOREM. Hoc et ipse volet: Sic enim OMNIBUS MAJOR EST, DUM SOLO VERO DEO MINOR EST. Sic & ipsis Diis major est, dum & ipsi in potestate suntejus, etc. To which I answer, Answ. that these words only prove the Emperor in the Roman State to be the highest Officer and Magistrate under God, of any one particular person; not that he was the Sovereign highest power above the Senate and people collectively considered: And the occasion of these words will discover the Author's intention to be no other: which was this. The Christians in that age were persecuted and put to death by Scapula Precedent of Carthage, to whom m Rhevan's Annot. I●●d. Tertullian writes this Book, because they refused to adore the Emperor for a God, to swear by his Genius, and to observe his solemnities and triumphs in an Eth●icall manner; as is evident by the words preceding this passage: Sic & circa Majestatem Imperatoris infamamur, etc. and by sundry notable passges in his Apologeticus. In answer to which accusation Tertullian reasons in the Christians behalf; that though they adored not the Emperor as a God; yet they reverenced him as a man next under God; as one only less than God; as one grea●er then all others, whiles less only than the true God, and greater than the Idol Gods themselves, who were in the Emperor's power, etc. Here was no other thing in question; but whether the Emperor were to be adored as God? not, whether he or the Roman Senate and people were the greatest highest Sovereign power? And the answer being, that he was but a man next under God, above any other particular officer in the Roman State; is no proof at all, that he was paramount the whole Senate and people collectively considered, or of greater Sovereign power then the●; which the premises clearly disprove. Add; that this Father in his Apology thus censures the Pagan Romans for their gross flattery of their Emperors whom they feared more than their Gods, appliable to our present times; Siquidem majore formid●ne & callidiore timiditate Caesarem observatis, quam ipsum de Olympo jovem, etc. ●deo & in isto irreligiosi erga deos vestros deprehendimini, cum plus timoris, hum●no Domino dic●tis; citius denique apud vos per omnes Deos, quam per unum genium Caesaris pejeratur▪ Then he adds, Interest hominis Deo cedere; satis ●abeat appellari Imperator: gr●●nde & hoc nomen est, quod a Deo tradetur: negat illum imperatorem qui deum dicit; nist homo sit, non est imperator. Hominem se esse etiam triumphans in illo sublimissimo curru admonetur. Suggeritur enimei a tergo, Respice post te; hominem memento t●. Etiam hoc magis gaudet tanta se gloria coruscare, ut illi admonitio conditionis suae sit necessaria. Major est qui revocatur ne se deum existimet. Augustus' imperii formator, ne Dominum quidem dici se volebat: et hoc enim Dei est cognomen. Dicam plane Imperato●em Dominum, sed m●re communi, sed quando non cogor, ut Dominum D●i vice dicam. Concluding thus: Nullum bonum sub ex●eptione personarum administramus, etc. jidem sumus Imperatoribus qui & vicinis nostris. Male enim velle, male facete, male dicere, male cogitare de quoquam ex aequo vetamur, Quod●unque non licet in Imperatorem, id nec in quenquam: quod in neminem, eo forsitan magis nec in ipsum qui per deum t●ntus est, etc. From which it is evident, that the Christians did not deify nor flatter their Emperors more than was meet, and deemed they might not resist them only in such cases where they might resist no others, and so by consequence lawfully resist them, where it was lawful for them to resist other private men who did injuriously assault them. If then the Roman Emperors were not the highest. Sovereign power in the Roman State when Paul writ this Epistle, but the Roman Senate and State, as I have cleared: and if the Parliament, not the King, be the supremest Sovereign power in our Realm, as I have abundantly manifested; then this objected Text (so much insisted on by our opposites) could no ways extend to the Roman Senate, State, or our English Parliament, who are the very higher powers themselves, and proves most fatal and destructive to their cause of any other, even by their own Argument, which I shall thus doubly discharge upon them. First, that power which is the highest and most sovereign Authority in any State or kingdom by the Apostles and our Antagonists own doctrine, even in point of conscience, neither may, nor ought in what case soever (say our opposites) to be forcibly resisted, either in their persons, ordinances, commands, instruments, offices, or Armed Soldiers, by any inferior powers, persons or subjects whatsoever, especially when their proceedings are just and legal, under pain of temporal and eternal condemnation. But the Senate among the Romans, not the Emperor; and the Parliament in England, not the King, really were and are the higher Powers and most sovereign Authority. Therefore by the Apostles own Doctrine even in point of conscience, they neither may nor aught to be disobeyed or forcibly resisted in any case whatsoever, either in their Persons, Ordinances, Commands, Instruments, Officers, or Armed Soldiers, by the King himself, his Counsellors, Armies, Cavaliers, or by any inferior powers, persons, or Subjects whatsoever, especially when their proceedings are just and legal, (as hitherto they have been) under pain of temporal and eternal condemnation. I hope the Doctor and his Camerads will now beshrew themselves that ever they meddled with this Text, and made such a halter to strangle their own treacherous cause, and those who have taken up arms in its defence. Secondly, that Power which is simply highest and supreme in any State, may lawfully with good conscience take up Arms to resist or suppress any other power, that shall take up arms to subvert Religion, Laws, Liberties, the Republic, or the ju●t Rights and Privileges of the Subject, or of this higher power. This is our opposites own argumentation. Therefore the Parliament being in verity the highest supreme Power in our State, may lawfully with good conscience take up Arms to resist or suppress his Majesty's Malignant, Popish Forces, or any other power which already hath, or hereafter shall be raised to subvert Religion, Laws, Liberties, the Republic, just Rights and Privileges of Parliament, or the Subjects; and every man with safe conscience may cheerfully serve in such a war, upon the Parliaments encouragement or command, without guilt of treason, or rebellion either in Law or Conscience. For the third Question; Quest. 3. Whether Tyrants or unjust oppressing Magistrates, as they are such, be within the intendment of this Text, and not to be resisted in any case? I have fully cleared this before from the occasion, scope and arguments used in this Chapter; that they are not within the compass of this Text; as they are such, and may be resisted in their Tyranny and oppressions notwithstanding this inhibition; I shall not repeat, but only fortify this Position with some new reasons and authorities. First then, that which is not the ordinance of God, but rather of the Devil, and the me●re sin and enormity of the Governor himself, not of the Government, is not within the intention of this Text, and may lawfully be resisted without any violation of it. But Tyrants and unjust oppressing Magistrates as they are such, are n See Mich. 3. 1. to 5▪ Isay 3. 4, 5. Ze ph. 3, 3. Ezech. 45. 8, 9 not God's ordinance, but rather the Devils▪ and their Tyranny and oppression is only the sin and enormity of the Governors themselves, not of the government; A truth granted by all men: Therefore they are not within the compass of this Text, and may lawfully be resisted without any violation of it. Secondly, that which is no point of the Magistrates lawful power ordained of God, but diametrally repugnant to it, cannot be within the meaning of this Text, and may lawfully be resisted; but the tyranny, oppression, rapine, and violence of lawless Kings and Magistrates are such, as all must and do acknowledge. Ergo, they are not within the verge and compass of this Text, and may lawfully be resisted. Thirdly, all powers intended in the Text, are not only ordained, but ordered of God, that is, (as o In Rom. 13. Col. 1266. Willet on Rome▪ 13 quest. 6. p. 583. Paraeus with others observe) they are circumscribed & bounded with certain Rules or Laws of justice and honesty, within which they must contain themselves, else they exorbitate from God's ordinance when they pass beyond these limits, and become none of Gods; This the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (which Arias Montanus and others render, ordinatae, and the Margin of our English Bibles, are ordered of God;) doth sufficiently warrant being coupled with the subsequent limitations; For rulers are not a terror to good works, but to evil, etc. they are Gods Ministers attending continually on this very thing. Now the Tyranny and oppression of Kings and other Rulers, are mere exorbitances, arbitrary illegal actions, exceeding the bounds of justice and honesty prescribed by the Laws of God and men. Therefore not within the limits of this Text, and resistible. Fourthly, it is generally accorded by all Commentators, that though the lawful power of Princes or other Magistrates degenerating unto Tyrants, be of God, and not to be resisted; yet the Tyranny itself, and abuse of this power is of Satan, not of God, and the vice of the persons only, not of the Power itself; whence they conclude, that Tyrants are not within the meaning of this Scripture. So Origen, Paraeus, Willet, with m●●t others on this Text; and Zuinglius most expressly Explanatio Artic. 41. Tom. 1. f. 82. 83. where he complains, that many Tyrants, cheat, steal, rob, slay, plunder, and attempt any thing against their subjects to oppress them; assuming a pretext and veil of their ma●ice from this Text of Paul. Yea Dominicus Soto, Cajetan, Pererius, and other Popish commentators on this place observe; that Paul adds this Epithet, of higher or excelling powers (omitted by him in other parallel Texts) of purpose to exclude Tyrants, who are no excelling Lords, nor lawful Powers; reigning oft times by God's permission for the people's punishment; not by his ordination for their good: and blame Bucer for saying, that Tyrant's power is from God, as if he were the author of sin and Tyranny. This then fully answers that absurd error of Docto p Sect. 2. Ferne, wherein all his force is placed: That the Powers in Paul's days which he here prohibits to resist, were subverters of that which was good; and the Roman Emperors Tyrants: where he sottishly confounds the tyranny, lusts, and vices of the Emperor's persons, which were detestable, with their power itself, which was good and commendable; as if the Imperial power itself was ill, because Nero was ill, and was q Gri●st●n, Suet●nius, Eut●opius, Zonaras, Volaterranus, Speed and others in his 〈◊〉. therefore justly condemned to death by the Roman Senate, as a public enemy to the Roman State, though they approved and continued his just Imperial principality, which lasted in succession for many hundred years after his censure, death. To which I shall only add; that though Nero himself were a Tyrant, yet the Roman Senate, and all their Inferior Offices were not Tyrants; many of them, no doubt, being just and upright Magistrates. The Precept therefore being thus in the general, and the plural number, Let every soul be subject unto the higher powers; nor personal; let them be subject to Nero; or special, to the Roman Emperor (whom Paul no doubt would have r As he doth▪ Phil. 4. 22. Act. 25▪ v. 10, 11, 12. c. 26. 32. c. 28. 19 See Matth 22. 17. 21. Luk. 2. 1. c. 23. 2. Acts 11. 28. c. 17. 7. specified, had he specially intended them, as our opposites fond dream;) we may safely conclude, that the Apostle intended it only of lawful powers and Magistrates, not of Nero or other Tyrants: And writ this to Christians only, to whom he dedicates this Epistle, witness Ch. 1. V. 7. To all that be at Rome beloved of God, called to be Saints, etc. not ●o Pagan Romans, as the Doctor dreams, to whom he writes not; much less to the Roman Senate, who were then the sovereign power; and therefore could be subject to no other but themselves. Precepts of obedience to children and Servants, concern not parents and matters as such, in point of submission or obedience. For the fourth Quere: Quest. 4. Whether Kings and Kingdoms be God's ordinance; or an institution jure divino, not a humane ordinance, instituted jure ●umano? or, how far divine or humane? Is a necessary considerable question grounded on this Text▪ and very needful to be discussed to clear the present controversy. Some of our opposites are so intoxicated with the divinity of Monarchy, as they confidently s Doctor Ferne, Sect. 2. 3 Appeal to the Conscience, p. 11. ●0 15. The necessity of subjection, Christus D●i, p. 11. 12. with others. determine; hat the efficient cause of royal Monarchical power is only God; not the people. That Kings receive no power or regal Authority from the people, but from God alone; That the power of Kings is not a humane, but a divine power, of which God only is the efficient cause. That the people do not make the King, but God properly and absolutely; this power, right and authority he hath from God. That the King hath no dominion and power from his Subjects by way of trust, but from God, from whom he hath his kingdom and power, so ●hat by Idolatry and oppression, he breaks not the trust reposed in him by hi● Subjects, because the people HAVE COMMITTED NOTHING TO HIS CHARGE, but God only, etc. For proof whereof they produce Prov. 8. 15. By me King's reign, Dan. 2. 21. God removeth Kings and setteth up Kings, Dan. 4. 17. 25. The most high ruleth in the kingdom of men, and giveth it to whomsoever he will; and setteth up over it the basest of men, with Host 13. 11. 1 Sam. 10. 1. jer. 27. 5, 6, 7. Isay 45. 1, 2. and other Texts. To this question distinctly, answer Answ. and dissipate these gross erroneous Paradoxes; we must distinguish: First, between, Government itself in general, and kingly or other kinds of government, in special, (as our opposites distinguish between, a Sabbath, and the Sabbath; the first they say is moral and of divine institution, the later not.) Secondly, between the Regal power of Kings, the persons invested with this power, the manner of obtaining, and the administration of their power. Thirdly, of God's manner of instituting and ordaining things; which is two fold, immediately by himself, mediately by others. And these institutions of both kinds are either universal, extending to all places, Nations; or particular, concerning some Countries, and Nations only, and not others; Perpetual for ever, or temporal only for some set time: Immutable, not capable of the least alteration; or mutable, and that either at the pleasure of God only; or at the will of men, when they shall see just cause, either in part or in whole. Fourthly, in what several senses things may be said to be of God. First, in respect of his own immediate institution. Secondly, of his general or special commands. Thirdly, of his general or special disposing providence, without any special institution or command. Fourthly, of his approbation of, assent unto, and blessing on the mere institutions of men. Fiftly, of his permission only. To apply these distinctions to the present occasion. First, it is clear, that power and government in general are Gods own institution; who as he hath appointed (in the great fabric of the world a t Gen● 1. 16. 18. 28. 29 ●0. Jer. 31. 35, 36. Psael. 136. 8▪ ●. certain constant form of government and subordination of one creature to another) so he hath for the good of mankind, appointed that there should be some form of government or other among men in the world; which in respect of families he hath specially and universally decreed, u Gen. 3. 16. Exod. 20. 12. Ephes. 6. 1, 2. 5 c. 5. 22. 24. Col. 3. 23. to 25. c. 4. 1, 2. 1 Tim. 6. 1, 2. 1 Pet. 2. 18. c. 3. 1, ● 2, 3. as that the wife should be subject to the husband, the children to the parents, the servants to their masters; but in regard of Commonweals, or Nations, he hath left it arbitrary and indefinite, leaving every Nation and Country free liberty to elect such a public politic form of government, as themselves should judge most expedient for their public good, and that mutable (since all humane things are so) as they should see just occasion, not prescribing any sempiternal, immutable form of government to any particular Nations, Regions, much less to all the world. Secondly, government in general being thus of God, but the kinds of it thus left arbitrary to men's institution and free election; the particular governments instituted by any Nation for the better regulating of their lives, the preservation of humane society, and advancement of God's glory, may be truly said in some sense to be of God, though instituted, invented by men. Not because God himself did immediately ordain or prescribe them by special command to all, or any one people: or because God himself did immediately ordain or prescribe them by special command to this, all, or any one people: but because he by his general or special providence did direct this Nation to make choice of such a government, or gave them wisdom to invent and settle it, as most commodious for their republic, till they should see cause to alter it: or because he blessed and approved it, when invented and received by them. Thirdly, Kingly powers, Kingdoms, Kings (the things now in question) are, and may be said to be of God, and ordained of God, in no other manner or sense, than all other particular Governments or Magistrates are. For this Text of the Romans, speaking only of the higher powers, the powers that are, and of Rulers; as doth that place of Titus 3. 1. And the Text of Prov. 8. 15, 16. (so much relied on by the objectors) extending as well to all subordinate Rulers as Kings; witness the subsequent words, By me King's reign, and Princes decree justice: by me Princes rule AND NOBLES, yea ALL THE JUDGES OF THE EARTH; (that is, all Magistrates whatsoever) it cannot but be yielded; that all and every lawful kind of government, all lawful Rulers and Magistrates of what sort soever are of God's ordination, and his ordinance, as far forth as Monarchies are; and what is truly affirmable of the one, is of the other too. These generals thus premised as indubitable; I say first of all: That Monarchy or regal power is not of God, nor yet God's ordinance by way of immediate divine institution or special command from Gods own free motion, as our opposites affirm it. For first, God himself never immediately instituted a royal Monarchical government in any Nation whatsoever, no not among his own people; whose government was at first y josephus' A●tiq. jud. l. 4. c. 8. Carolus Sigo●nius de Repub. Hecraeorum. l. 7. c. 5. Paternal and Pa●riarchicall; next Aristocratical; then Regal; not by God's immediate institution and vol●●●ary designation; but by the people's earnest importunity, contrary 〈…〉 as is evident by 1 Sam. c. 8, and 9, and 10, and 11. Host 8. 4. and the Appendix. Secondly, z Aristot. Polyt. l. 3. & 5. Polib. Hist. l. 6. Iust. in Hist. l. 1. Cassanaeus Catalogue. Gloriae Mundi pars, 5. Consid. 1. Philochius Archila●us de Somnio Viridarii, c. 171. Fortescue c. 9 13. 15. Mr. Seldens Titles of Honour, part. 1. c. 2, 3, 4, 5. All Politicians, and Historians grant, that the original erection of all Monarchies was either by the people's free consent and ordination; or by Tyranny and usurpation; or by conquest; none by divine institution or special command from God: And it must needs be so, because most a Gen. 14. 1 Sam. 8. 5. Seldens Titles of Honour, part 1. c. 1. 2. See the Appendix. kingdoms were primitively erected, either among Pagan Nations and States, who knew not God nor his Word, or among Christian States since special commands and Revelations from heaven ceased: which if our opposites deny; I shall desire them to instance in any one Monarchy in the world, instituted immediately by God himself, or by special command from his own free motion: Till this be done, all their asseverations will be accounted fabulous. Thirdly, if Regal power be God's ordinance by way of divine immediate institution and command; then this institution of Regal Monarchy, with the several Prerogatives, and boundaries of it, would appear in some Text of Scripture, and this government would be specially and perpetually prescribed either to all, or some particular Nations by God himself. But this institution, with the general Prerogatives and bounds of Regal Authority, are no where extant in Scripture, neither this form of government therein prescribed, but left arbitrary to all or any Nation in particular, for aught any man can demonstrate. Those Texts which concern the Kings of the Israelites in point of sovereignty, and Prerogative, being judicial only, and peculiar to that Nation, nor moral, or extending unto others. Therefore it is not God's ordinance by way of divine immediate institution, or command. Fourthly, if it were of divine ordination in this sense; then the Regal power and authority of all Kings and Monarches in the world should be equal, yea the very same; and there should be no different kind of Kings; as the divine authority of all Ministers (being of Gods own institution by one and the same commission) is one and the same: But the regal power and jurisdiction of all Kings and Monarchies in the world is not equal nor the same; for some have far greater authority than others; there are many different sorts of Kings in the world, some only annual, others for life, others hereditary, others at will, deposible at the people's pleasures when ever they offended, (Such were the Kings of the b Procop. Vand. l. 1. Vandals in afric, of the c Ammon. l. 2. c. 2. l. 4. c. 25. Hugo Grotius de jure Belli. l. 1. c. 3. c. 58. 72. Goths in Spain; cum ipsos deponerent populi quoties displicuissent: such the Kings of the Heruli (Procopius, Gothieorum) Of the Lombard's, Paulus Warnafredi, l. 4. & 6. Of the Burgundians, Ammianus, 11. lib. 28. Of the Moldavians, Laonichus Chalcocandylas; the King of Agadis among the Africans, joannis Leo, lib. 7. Of the Quadi and jazyges (in excerptis Dionis) with sundry others hereafter mentioned.) Some elective, others successive, some conditional, others absolute, as I have plentifully mentioned in the Appendix. Therefore they are not of divine ordination in the objectors sense. Fiftly, If Kings were of divine ordination in this sense, than their kingdoms and people upon their Elections, Institutions and Coronations could not justly prescribe any conditions, oaths or covenants to them, upon promise of performance whereof they only accept of them to be their Kings, refusing else to admit them to reign over them; and such conditions, oaths, covenants, would be mere nullities, since men have no power at all to detract from Gods own divine institutions, or to annex any conditions or restrictions to them. But our Antagonists themselves dare not aver, that Kingdoms and Nations upon their King's Coronations, Institutions and elections may not lawfully prescribe conditions, oaths, and limitations to them, upon promise of performance whereof they only submitted to them as their Sovereigns, it being the received practice of our own, of all or most other Kingdoms whatsoever, e See Part ●. p. 51 to 76. Ed●t. 2▪ especially elective ones, and confirmed by divine Authority, 2 Chron. 10. 1. to 19 Therefore they are not of divine institution in the objected sense. Sixthly, All f Bracton l. 3. c. 9 Fl●ta l. 1. c. 5. 17. See here, p. ●5. & part 1. p. 8●. Lawyers and most Orthodox Divines determine, that Kings have no other just or lawful royal Authority, but that which the Laws and customs of their Kingdoms allot them, and that the Law only makes them Kings, from which if they exorbitate they become Tyrants and cease to be Kings. Their Royal authority therefore is of humane institution properly, not Divine; from their people, who both elect, constitute them Kings, and give them all their regal Authority by humane Laws enacted, not from God as the only efficient cau●e. Seventhly, All Kingdoms, Monarchies, Policies, are mutable and variable in themselves, while they continue such; yea, temporary and alterable into other forms of Government by public consent, if there be just cause; without any immediate command or alteration made by God himself, or his divine authority: There being no positive Law of God confining any Nation, (whose humane earthly condition is still variable) to a Monarchical or any other constant form of government only, much less for perpetuity without variation. Therefore, they are not of divine institution in this sense. Eightly, St. Peter expressly defines Kings and Monarchies, in respect of their institution, to be humane creatures, or institutions, 1 Pet. 2. 13. Submit yourselves to every ORDINANCE OF MAN for the Lords sake; whet●er it be to the King, as supreme, etc. And they are common to Pagans who know not God, as well as to Christians. Therefore, they are not simply divine, but humane Ordinances. Ninethly, Our Antagonist will yield, that other forms of Government, whether Aristocratical, oligarchical, democratical, or mixed of all three, are not absolutely and immediately of divine institution; nor yet Dukes, Principalities, with other inferior Rulers, though the Apostle in this Text makes them all equally God's Ordinance, and Divine. Therefore Monarchy, Kings and Kingdoms are not so. Tenthly, The very Text itself seems to intimate, that Royalties and higher powers are not of God, by way of original or immediate institution●, or command: for the Apostle saith not; that all powers whatsoever were originally instituted and ordained by God himself; but, There is no power but of God; The powers that be, are (not were at first) ordained (or rather, ordered) of God: that is; where powers and Governments are once erected by men, through God's general or special providence, there God approves and order them for the good of men. 2. If Monarchies, and Kings themselves be not of divine institution, and God's ordinance in the former sense, as is most apparent: & Aristotle, Plato, all Politicians grant; Then they are so only in some other sense, in what I shall truly inform you. First, They are of God, and his Ordinance, by way of imitation, as derived from Gods own form of Government, which is Monarchical; Whence he is called, g Psal. 86. 10 Deut. 32. 39 Isa. 37. 16. c. 44 6. 1 Cor. 8 4. Ephes. 4. 6. The only God, God alone, h 1 Tim. 6. ● 5 6. 15. Rom. 17. 14. c. 19 16. Deut. 10. 17. the King of Kings, and Lord of Lords. Secondly, By way of approbation; He i Deut. 17. 14. 15, 16. 1 Sam. 8. 22. 2 ●am. 7. 12. approves and allows this kind of Government where it is re●●ived, as well as other forms. Thirdly, by way of direction, he gives divers general k 2 Sam. 23. 3, 4. ● King 11 11. 38 2 Chro. 9, 8. Prov. 31. 4 rules and directions to Kings (and to other Rulers and Magistrates also as well as them) in his sacred word how they ought to demean themselves, towards him and their Subjects; and likewise l 1 Tim. 2. 1, 2. 1 Pet. 2. 13, 14. Rom. 13. 1 to 7. 'tis 3. 1. to Subjects, how they should carry themselves towards their Kings; and all other Rulers and Governors temporal or spiritual: in which sense they may be properly said, to be ordered and ordained too, of God. Fourthly, By way of special providence and incitation; God excites and moves some people to make choice of Kings, and Monarchical forms of Government, rather than others; and to elect one man or family to that dignity rather than others, yea his providence mightily rules and sways in the changes, the elections, actions, counsels, affairs of Monarchies, Kingdoms, Kings, States, to order them for his own glory, the Kings, the Subjects good or ill, in ways of Justice or Mercy; as is evident by Dan. 2. 21. c. 4. 17. 25. Host 13. 11. jer. 27. 5, 6, 7. Isa. 45. 1, 2, 3. c. 10. 5. to 20. Psal. 110. 5. Psal. 113. 7, 8. job 12. 18. to 25. Dan. 5. 26. 28. The genuine drift of all these Texts. Fifthly, Kings may be said to be of God and his Ordinance, because they, (and so all other Rulers, Judges, Magistrates as well as they, in respect of their representation and the true end of Government) are said to be Gods; to be God's Ministers and Vicegerents; to sit upon God's Throne, and aught to reign, to judge for God, and to rule God's people according to God's Word, with such justice, equity, integrity as God himself would Govern them. Exod. 22. 28. 2 Chron. 9 8. Rom. 13. 4, 5. 2 Sam. 23. 3. Psal. 78. 72, 73, 74 2 Sam. 5. 2. Prov. 8. 15, 18. Psal. 82. 1. 1 Cor. 8. 5. Isa. 32. 1. c. 9 7. c. 16. 5. Deut. 1. 17. Sixthly, Ill Kings, and Tyrants, may be said to be of God, by way of permission, and of Ordination too, in reference to the people's punishment, job 34. 30. Host 13. 11. 1 Sam. 8. 18. In these regards (common to all other Governors and lawful Governments, as well as Kings and Monarchies) Kings and Kingly Authority, are and may be said to be of God, and God's Ordinance; yet not immediately, or properly in the first acception, here refuted, but so as that still they are really the institutions and ordinances of men, of humane, not divine right, and authority. As for the objected Scriptures to prove Kings jure Divino, Object. as Prov. 8. 15. By me Kings Reign, etc. Ergo, they are of immediate divine institution, and have all their authority from God, not from the people, and may in no case be resisted, censured, deposed, or put to death for any misdemeanours; the consequences, thence inferred. I answer, Answ. First, That this Text speaks only of the promotion or Reign of Kings; m 2 Chro. 9 8. Isa. 32. 2. c. 16. 5. not of the erection and power of Monarchies; and so do Daniel. 2. 21. c. 4. 17. 25. c. 5. 2●. 28. with the other objected Scriptures. Secondly, If it be meant of the rule of Kings; then true it is, that good Kings Reign by God's direction, according to his word, executing justice, and judgement, 〈◊〉 he enjoins them; But than it is not true of wicked Kings and Tyrants, who though they Reign by God's Providence or permission, yet they rule not by his word and will as he prescribesthem. Thirdly, If it be meant of the means and manner of Kings coming to their Kingdoms, as I conceive it is, and the Texts of Daniel persuade: True it is: first, That some Kings Reigned and came to the Crown by God's immediate nomination and designation, as Saul, David, Solomon, jeroboam, jehu, and Hazael did: But that all, or most did heretofore, or now do so, especially in Pagan Kingdoms, is a notorious falsehood. Secondly, it is true, That most lawful Kings in hereditary or elective Kingdoms, come to their Crowns, and Reign; though not by God's immediate nomination, yet by his ordinary or special providence, (though it be untrue of Usurpers, and Tyrants who come to Reign by Treason, Murder, or other unlawful means; and so by God's l See Doctor Willet, Paraeus, and others on Rom. 13. permission only, rather than his providence: and then the sense of the place is but this; That Kings receive their Crowns, and Reign by God's general, or more special providence: Which I think is the full and proper sense of the place. In this sense C. Plinius Seeundus a heathen in his admirable Panegyric to the Emperor Trajan, a Pagan, Rhetorizeth thus of him: Quid enim praestabilius est, aut pulchrius munus Deorum, quam castus & sanctus & Diis simillimus Princeps? Ac si adhuc dubium fuisset sorte casuque Rectores terris, an aliquo numine darentur, Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM. Non enim occulta potestate fatorum, sed ab Iove ipso, coram ac palam repertus, electus est, etc. Which * Apologeticus. Tertullian thus seconds, speaking even of the Roman Pagan Emperors. Ind est Imperator, under & homo antequam Imperator; inde Potestas ei, unde & spiritus: Per Deum tantus est: So Irenaeus, Cujus jussu homines nascuntur, hujus jussu & Reges constituuntur. And Diodorus Siculus of the Egyptians; Existimant non SINE DIVINA QUADAM PROVIDENTIA, pervenisse ad summam de omnibus Potestatem: So the m Porphyr. Esses, hold this opinion, Non obtingit cuiquam Imperium sine Dei cura speciali: So n Apud Cassiodoru●. Vitigis, Omnis Provectus, maxim Regius, ad Divinitatis munera referendus est: and Clemens o Apostol. constit. 1. 7. c. 17. Romanus, too. Regem timeto, sciens Domini esse electionem. Which Grotius de jure Belli, l. 1. c. 3. Sect. 8. confirms with other Authorities; all concurring in this, That Kings and Emperors are such only by the selfsame PROVIDENCE OF GOD, by which they were men before they were Emperors; which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions, than their being men, by the selfsame providence of God, gave them before they were Emperors, as Tertullia's words most clearly prove. But what privilege this alone should yield to Kings, more than to any other Magistrates, Men or Beasts, for my part I cannot yet discern. For doth not the same Text say of Nobles, Princes, Judges, as well as of Kings, Prov. 8. 15, 16. By me Princes (put as contradistinct to Kings) decree justice; By me Prince's Rule AND NOBLES, YEA ALL JUDGES OF THE EARTH? Doth not David say of all kind of Promotions whatsoever, Psal. 113. 7, 8. The Lord raiseth the poor out of the dust, and lifteth the needy out of the dunghill; that he may set him with Princes, even with the Princes of his people? And Psal. 75. 5, 6. Promotion cometh neither from the East, nor from the South; but God is the judge; he putteth down one and setteth up another? Nay, doth not Christ inform us p Mat. 10. 29 30. Luk. 12. 6, 7. That the very hairs of our head are all numbered? That two sparrows are sold for a farthing, and yet one of them shall not fall on the ground without our Father's providence? Yea doth not every man, yea every Bird, Beast, Fish, Raven, and living creature whatsoever, (as the Scripture q Psal. 105. 27. to 32. Psal. 145. 14, 15, 16. Psal. 17. 27, 28. expressly resolves) receive, enjoy their Lives, Honours, Offices, Estates, food, raiment, being, preservation, by God's general and special providence, as well as Kings their Crowns, Honours, Lives, Estates? And is not the providence, yea are not the very o Psa. 307. Psal. 92. 11, 12● Act. 12. 7, to 18. Heb. 1. 14. Angels of God, who are all ministering spirits, sent forth to minister to them who shall be heirs of salvation, as vigtiant ●ver every pious Christian (though never so mean & despicable) as over the greatest Monarch in the world? If so, as all men must necessarily acknowledge (there being p Rom. 2. 1● Acts 10 34. 1 Pet 1. 17. Deut. ●0. 17. job 34. 19, 20. 2 Chron▪ 19 7. Gal. 2. 6. Ephes. 69 Col. 3▪ 25. no respect at all of persons with God, who accepts not the persons of Princes, regards the rich no more th●n the poor, for they are all the work of his hands) than kings reigning by the Providence of God, can of itself no more exempt them from resistance▪ censures, deprivations, for their dete●table public crimes, than it exempts any other Nobles, Princes, judges, Magistrates, Christians, or the mean●st subjects whatsoever; which I shall make good by one more unanswerable demonstration. There is not one of our Antagonists but will acknowledge, that Prie sunder the Law, and all Ministers under the Gospel, if rightly qualified, are made such not only by Gods special Providence, but likewise by Divine institution from God himself; Nay, Tollet, q Quest. 4 〈◊〉 Rom. 13. p. 580. See Cassan●us, Catalogus Gl●riae Mundi, pars 4. Consid. 1▪ to 8. Willet, and many others on this very Text of the Romans, make a difference between the civil and Ecclesiastical Regiment and Power: for the first (say they) is so from God, that yet the institution thereof may be devised and altered by man, and therefore Peter calls it, the Ordinance of man; but the spiritual Power is immediatelly instituted by God, and no ways alterable or determinable by man: And therefore the Apostle saith Ephes. 4. 11. He gave some to be Apostles, some Prophets, some Evangelists, etc. So that by their determination, Ministers are more God's Ordinance, and more jure Divino, than Kings; yea but few years since they all professed themselves to be as much, if not more, God's anointed then Kings; and some of our * Archbishop Laud and Neal, in the High Commission and Starc●amber. Archest Prelates made public challenges in ●he open Court, That if they could not prove their Lordly Episcopacy to be jure Divino, they would presently burn their Rochets, and lay down their Bishoprics; though they never made good their promises: & to doubt, whether the Pope and his supreme Authority be iure Divino by Christ's own immediate institution, deserves a faggot in the Roman Church: Yet not withstanding all this Divine Right and institution, our Opposites will grant, That if Popes, Archbishops, Bishops, Priests, r See Bellar. de Rom. Pon●. Cassanaeus Catalogue▪ gloriae Mundi, pars 4● consid. 7. Ministers preach false Heretical doctrines, oppress, wound, slay, rob, plunder the people committed by God to their cures; or attempt with force to subvert Religion, Laws, Liberties; or commit any capital offences, they may not only with safe conscience be resisted, repulsed by their people, but likewise apprehended, arraigned, deprived, condemned, executed, by Lay judges, as infinite examples in our Histories manifest, and the example of Abiathar the High Priest, 1 Kings 2. 26, 27. And if so, then why not Kings as well as they, or other temporal Magistrates, not withstanding any of the objected Texts? Either therefore our Opposites must grant all Bishops, Priests, Ministers, yea, all o●her Magistrates whatsoever, as irresistible, uncensurable, undeprivable, uncondemnable, for any crimes whatsoever, as they say kings are, which they dare not do; or else make Kings as resistible, censurable, deprivable, and liable to all kinds of punishments, (by their whole Kingdoms consent in Parliament) as far forth as they, notwithstanding all the former Objections, which quite subverts their cause. Thirdly, Kings and Kingdoms are not so God's Ordinance, as that they should be universal over all the world, and no other Government admitted; or so, as any one Nation whatsoever should be eternally tied to a Monarchical Government, without any power to alter it into an Aristocracy, or other form, upon any occasion; or so a● unalterably to continue the Sovereign power in one family alone, as not to be able to transfer it to another, when the whole State shall see just cause: Hereditary Kingdoms being but Offices of public trust for the people's good and safety, as well as elective; most of them were elective at first, and * F●xius de Rege, etc. p. 17. Grotius de iure Belli, l. 1. c. 3. n. 10. made hereditary only either by violent usurpation, or the people's voluntary assents and insti●tution, and not by any immediate divine Authority, and so alterable by their joint assents, as s Explan. Artic. 42. Zuinglius, t Delure Reg. apud Scotos. Buchanon, v De Rege & Regis Instit. l 1. c. 4. to 8. Mariana observe, and the Histories of most Kingdoms, the experience of all age's evidence. Which truths being generally confessed by all x Arist. Polit. l. 3. & 5. Polyb. Hist. l. 6. Gen. Hist. of France, Spain, Hungary, Bohemia, England. Grotius de iure Belli, l. 1. c. 4. n. 7. Covaru. Quaest Illustr. T, 2. 396, n. ●. 4. Vasquries Contr. Illustr. 59 n. 8, 6●. n. 22 100 n. 29. hooker's Eccles. Po●l. 1. sec. 10. p. 69. 70, 71. Politicians, Historians, Statists; by many judicious Divines, contradicted by no one text of Scripture that I have met with which our Opposites have objected hitherto, they will find all Monarchies upon the matter, to be mere humane Institutions, alterable still by that humane Power which did at first erect them, and subordinate still thereto, as the Creature to its Creator; and to be God's Ordinance only in regard of special providence, and the like, a● other inferior Magistrates, Rulers are, who may be justly resisted, altered, removed, censured, notwithstanding the objected Text. From which whiles some men earnestly press, that every soul by Gods own Ordinance, aught to be subject to some public civil power, (which y See Scripture and reason pleaded for defensive Arms, p 30, 31, 32. others safely deny, since the Patriarches, the first families of most Nations and Countries were not so, and all Nations, all people before settled publi●e governments, were erected, which in many places are not very ancient; since those whose Parents are dead, and are not by them subjected to a Government, are naturally free; and none bound to part with their freedom to any other, unless they see a necessity, a great advantage, and that upon such terms and conditions as they deem meet,) they involve even Kings and Emperors themselves by Gods own Ordinance, in a subjection to a superior earthly c●vill power, to wit, to their Laws, Parliaments, Kingdoms, (which I have proved Paramount them, collectively considered) according to the common proverb z Sen●ca Grotius de jure Belli, l. 1. c. 4. sect. 6. p. 84. Omne sub Regno graviore Regnumest; and that of a Eccles. 5. ●. Quest. 5. Solomon (concerning oppressing Kings and Judge●) He that is higher than the Highest considers, and there be higher than they: And so make king's ●ot only resistble by their whole Kingdoms the supreme Sovereign power, but likewise subject to their Realms superior commands, and uncapable to resist their lawful power and Forces even in point of Conscience, by virtue of this very Text. And so much for the fourth Question. For the fifth and last, b See Paraeus, Willet, Tollet, Soto, Marlora●. and others on this Text. What kind of resistance of the Higher powers is here prohibited? I answer briefly, That resistance is here forbidden, which is contrary to subjection or obedience, as the words, Let every soul be subject to the higher Powers, coupled with the ensuing reason, Whosoever therefore resisteth (that is, disobeyeth, or is not subject to) the Power, resisteth the Ordinance of God; and they that resist shall receive to themselves damnation. In the Greek there are two distinct words used, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Latin, English, French, Dutch use them both as one, without distinction: The first word signifies properly disordered, counter-ordered, on ordered against, (as Paraeus, Willet, and others observe) and it is thus used by the Apostle, 2 Thess. 3. 6, 7, 11; or disobedient. 1 Tim. 1. 9 The later word signifieth properly to resist, withstand, or oppose; in which sense it is used, Matth. 5. 39 Luk● 21. 1, 5. Act. 6. 10. Rom. 9 19 Gal. 2. 11. 2 Tim. 3. 1. Hebr. 12. 4. jam. 4. 7. chap. 5. 6. 1. Pet. 5. 9 and applied indifferently both to a spiritual, corporal, and verbal resistance of the Holy Ghost, the Devil, or men: Since▪ then the Apostle in this Text useth the Hebrew phrase Soul, not Man, Let every Soul be subject to the Higher Powers: because (as Haymo, Tollet, Willet, Soto, and most other Interpreters observe) we c judge 5. 2. 9 1 Cor. ●. 3. 12. 1 Cor. 9 17. 1. Pet. 5. 2. Philem 14. 1 Chron. 29. ●. 9 14. 1 Tim. ●. 18. Exod. 35. 21, 22. 29. 1 Chron. 28, 9 Psal. 100 3. ought willingly and cheerfully to submit to the higher Powers, not only with our bodies, but souls and spirits too: I may hence clearly infer, that the resistance of the higher Power here prohibited as contrary to this subjection, is not only that which is corporal and violent by force of arms, as the Objectors gloss it; but that likewise which is verbal, mental, spiritual in the soul itself without the body, and no more than a mere passive resistance, or not obeying: For not to do what the higher Powers enjoin, is in verity actually to resist, to withstand them; as not to do the will, not to yield obedience to the motions, dictates of the Holy Ghost or devil is really to resist them, even in Scripture phrase: Yea, corporal resistance or opposition by way of force is only an higher degree of resistance, but not the only or proper resistance here prohibited, which relates principally to the Soul and Spirit. For as corporal forced obedience against a man's will which still holds d 2 Cor. 9 7. out, is no true obedience in the esteem of God or men: and as the very essence, life of all outward obedience consisteth e See (c) beso. 2 cor. 9 13. 7. Rom. 12. 8. 11. principally in the cheerful submission or activity of the soul or will: So a forced corporal resistance against the mind or conscience, is in a manner no resistance; and the very malignity, quintessence of all inward or outward resistance, disobedience, rests only in the mind, soul, will; and is here principally forbidden, as is evident by the 5. verse; Wherefore ye must needs be subject, not only for wrath (which relates only to the body, which men's wrath can only harm in case of disobedience, Mat. 10. 28.) but also FOR CONSCIENCE SAKE, which principally, if not wholly relates unto the soul, of which the conscience is a chief-overruling part. This then being altogether irrefragable, gives our Antagonists, with Dr. Fern, an etern all overthrow, and unavoidably demonstrates the resistance of the Higher Powers here prescribed, to be only of just lawful powers in their l●st commands or punishments▪ which we must neither corporally, verbally, nor so much as mentally resist, but readily submit too with our very souls, as well as bodies: not of Tyrants or ungodly Rulers unjust oppressions, Forces, proceedings to subvert Religion, Laws, Liberties, which all our Opposites, all Divines whatsoever grant, we are bound in conscience passively to resist, and disobey; yea, with our Tongues to g Levit. 19 17. Mat. 14. 4. Psal. 139. 21. 22. P●●. 29. 27. Ps. 11. 5. reprehend, and our Souls and spirits to oppose, detest, abhor, hate in the very highest degree of opposition, notwithstanding this inhibition: And therefore by like reason are no ways prohibited, but authorized by it, even forcibly to resist to our utmost power, have we means and opportunity so to do, as the Parliament now hath: That power and proceedings which Christians may lawfully with good conscience, yea and are bound to resist with all their souls, minds, tongues, they justly may and must likewise resist with all their corporal might and strength; especially if they have good opportunity, public encouragements, and means to do it, as Deut. 6. 12. 1 Pet. 5. 9 jude 3. 4. Phil. 1. 27, 28. 1 Cor. 16. 13. compared together, and with the premised Scriptures, fully evidence. But Christians may lawfully with good conscience, yea must resist with all their souls, minds, tongues, the forenamed violent proceedings of kings, Oppressors, ill Counsellors and Cavaliers, and no ways submit unto them with their souls, minds, tongues, lest thereby they should approve and be partakers, with promoters of their execrable designs; therefore they may and must with safe conscience resist them with all their corporal might and strength, having now opportunity, a Parliamentary public command and sufficient means to execute it. And thus have I now at last not only most clearly wrested this sword out of the hands of our great opposite Goliahs, but likewise cut off their heads, and so routed all their forces with it, as I trust they shall never be able to make head again. Yet before I wholly take my leave of this Text, to gratify our Prelatical Clergy, I shall for a parting blow add this one observation more, That all our i See Tostatus, Caietan, Cornelius a Lapide, Soto Estrus, with most Popish Commentators, & Dr. Will●t on this Text, Bellarm. de Clericis, and the Canonists, de exemption ibus, & Immunit. Clericorum. Popish Clermen heretofore (and many of them till this day) notwithstanding the universality of this Text, Let every soul be subject to the higher Powers, etc. not only Pretended themselves to be of right exempted from the jurisdiction, censures, taxes of Emperors, Kings, and all Civil Magistrates, (Which privileges some of our late Prelates began to revive, as the late cases of Mr. Shervill, the Mayor of Arundel, and some others evidence, censured for punishing drunken Priests:) but likewise held it lawful to censure, excommunicate, depose even Emperors and Kings themselves, and interdict their Kingdoms; witness not only the k Bp. bilson's true Difference etc. par. 3. p. 369. to 376. 10. Whites Defence of the way▪ c. 6. p. 14. to 22. Pope's excommunications of many Emperors and Kings, by apparent usurpation and injury; but of sundry Prelates excommunications of their own Sovereigns as of right, and putting them to open penances; l Pag. 62. G●. hist. of Spain. as K. Suintilla, Sancho, Ramir in Spain, and others elsewhere, of which you may read divers precedents in my Appendix: The History of m Theod. Eccles. hist l. 5. c. 17, 18. Sozam. l. 7. c. c. 24. St. Ambrose his excommunicating the Emperor Theodosius for the bloody murder of those of Thessalonica, is so commonly known, that I need not spend time to recite it, nor yet the n See Math. Westm. Math. Paris, Hov●d●n Polychron. Fa●. Caxton, Polidor, Virgil, Holinsh. Stow, Grafton, Speed, Daniel in the Lives of Hen ●. K. john and Hen. 3. excommunications and censures of our King john, or Henry the 2. and 3. Suano King of Denmark (as Saxo-Grammaticus records) was not only sharply reprehended, but excommunicated in a most bold and solemn manner by one of his Bishops for his uncleanness, and murdering some eminent persons, of whom he was jealous, whiles they were at their devotions in the Church. o Danicae hist. l. 11. p. 189, 190. 19●. This Bishop instead of meeting this King when he came to enter into the Church, with accustomed veneration, clad in his Pontisicalibus, with his Crosier Staff; kept him from entering so much as within the Court thereof; calling him not by the name of a King, which he suppressed, but a shedder of man's blood; and not content to chide him, he fixed the point of his Staff in his breast, preferring the public scandal of Religion before private society, not being ignorant, that the Offices of familiarity were one thing, the rights of Priesthood another thing, that the wickednesses of Lords as well as servants ought to be revenged, nor are Nobleman's crimes to be more partially censured, then ignoble ones: And not content thus to repulse him, he added an execration thereunto and denounced a sentence of damnation against him in his presence, so as he left it doubtful, whether he repulsed him more valiantly with his hand, or voice. Hereupon the King considering this Act to proceed from zeal and public severity against wickedness, and being confounded with the blush of his guilty conscience, forbade any to resist his violence, and patiently underwent, heard both his repulse and reprehension; After which, this King laying aside his royal Robes, put on old course apparel, desiring rather to testify his sorrow by the deformity of his habit, than his contempt by the splendour of it. And struck with so sad a sentence of the Bishop, he would not endure to carry about the ornaments of Royal Magnificence; but casting away the ensigns of Regal Majesty, he put on sackcloth the badge of penitence; putting off his power likewise together with his vestment, and of a sacrilegious Tyrant, became a faithful reverencer of holy things. For returning barefoot to the Church-porch, he cast himself prostrate in the entrance thereof, and humbly kissed the ground, suppressing, the grief which is wont most sharply to be inflicted from contempt, with shamefacedness and moderation, redeeming the fault of his bloody reign with shame and penitence: After which confessing his fault, and craving pardon with tears of the Bishop, he was absolved, and then putting on his Royal Robes, admitted into the Church, and brought up to the Altar, to the exceeding joy of the people, who applauding the king's humiliation and modesty; plus poenitentia pium, quam imperio scelestum evasisse co●fessus:; A memorable story of a zealous stout Prelate, and of a penitent submissive wild Prince: I shall only add to this some few domestic precedents of our Welsh Kings p Spelm. Co●cil. tom. 1. p. 381 382. Godwin. Catal. of Bish. Edit. 2. 2. p. 328. Teudur king of Brecknock, for his perjury and murder of Elgistill, another King of that Country, was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy, in a Synod assembled for this purpose, by uncovering the Altars, casting the Crosses and Relics on the ground, and depriving him of all Christian communion, Whereupon Teudur unable to undergo this malediction and rigorous justice, with a contrite heart, and many tears poured forth, craved pardon of his crimes, and submitted himself to the penance imposed on him according to his quality and greatness. q Spelm Concil. p. 382, 383. King Clotri slaying juguallaun treacherously, contrary to his League and Oath, Berthgwin the 14. Bishop of Landaffe, hearing thereof, assembled a Synod of his Clergy at Landaffe, and solemnly excommunicated the King with all his Progeny and Kingdom, by uncovering the Altars, casting down the Crosses on the earth, and depriving the Country both of Baptism and the Eucharist. Whereupon the King unable to endure so great an excommunication, with great dejection submitted himself to the Bishop, and leaving his Kingdom, went on pilgrimage into foreign parts for a long space; after which returning, by the intercession of king Morcant, he obtained absolution from the Bishop, to whose enjoined penance he submitted himself, conferring divers Lands upon the Church. And in another Synod at Landaffe under this Bishop, King Gurcan, for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid; whereupon he craved pardon, resolved to put away his Mother-in-law, promised satisfaction by k. ●udhail his Intercessor; upon which he was absolved, upon promise of amendment of life, with fasting, prayer and alms; after which he bestowed divers Lands on the Church. r Spelm. Con. p. 383, 384. Godw. Catal. of Bish. p. 523. Hovel king of Glevissig, contrary to his Oath & League, treacherously circumverring and slaying Gallun, hereupon Cerenhir the 18. Bishop of Landaffe, calling a Synod, solemnly excommunicated him by laying all the crosses on the ground, overturning the Bells, taking the Relics from the Altar and casting them on the ground, depriving him of all Christian communion, under which excommunication he remained almost a whole years space; After which, this king came barefoot to the Bishop, imploring his absolution from this sentence with many tears, which he obtained after publke penance enoyned. Not long after the same Bishop and his Clergy in another Synod, for the like crime, in the selfsame form excommunicated Ili son of Conblus, till he came barefooted with tears and prayed absolution; which upon performance of enjoined penance, promise of future reformation, with prayers, fasting, alms, and the settling of some Lands on the Church, was granted him by the Bishop. So s Spelm. Concil. p. 385, 386. Loumarch son of Cargnocaun, was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See, for violating the patrimony of the Church; and king Brochuail, with his family convented before a Synod, threatened Excommunication, enjoined Penance and satisfaction by the Synod, for some injuries offered to to Civeilliauc the two and twentieth Bishop of Landaffe. * Goduin. Catalogue. of bis●. p 527. Mauric King of of Glamorgan was excommunicated by joseph the vl and twentieth Bishop of Landaffe, for treacherously putting out the eyes of Etguin during the truce between them; After which he was again publicly excommunicated in a Synod, for violating the Sanctuary of the Church of Landaffe, and hurting some of this Bishop's servants; and not absolved till he made his submission, and did his Penance, and gave some la●ds to the Church for satisfaction of these offence. Thus u Speknanim. Council Tau. 1. p. 626, 627. Goduin. Edit. 2. p. 528. Calgucam King of Morganauc, and his whole family were solemnly excommunicated by Her●wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy, only because one of the King's followers being drunk, laid violent hands upon Bathutis the Bishop's Physician and Kinsman on Christmas day, Anno 1056. Whereupon all the Crosses and Relics were cast to the ground, the Bells overturned, the Church doors stopped up with thorns, so as they continued without a Pastor and Divine Service day and night for a long season, till the King (though innocent) submitted himself to the Bishop; and to obtain his absolution, gave Hen●inguinna to him and his Successors for ever, free from all secular and royal services, in the presence of all the Clergy and people. So x Mat. Paris, H●st. p. 551. 715 Goduin. catalo. p. 537. 547. Richard the tenth Bishop of Bangor, excommunicated David ap Lhewelin, Prince of Wales, for detaining his brother Griffith prisoner, contrary to his Oath, repairing to him upon the Bishop's word for his safe return, who never left vexing him, till he had delivered him up to to the King of England's hands. Many such precedents of Prelates censuring and excommunicating their Kings occur in Story, which for brevity I pretermit; only I shall inform you, that y Antiqu. Eccles. Bul. p. 245. See Walsingh. Hist. Angl p. 138. to 144. john Stratford Archbishop of Canterbury, in the 14. year of K. Edw. 3, contesting with this King, and excommunicating divers of his followers, and all the infringers of the Church's Liberties, presumed to write thus unto his Sovereign; There are two things by which the world is principally governed, The sacred Pontifical authority, and the royal power, of which the Priesthood is by so much the more weighty, ponderous, and sublima, by how much they are to give an account of kings themselves at the Divine audit: And therefore the king's Majesty ought to know, that you ought to depend on their judgement, not they to be regulated according to your will. For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings, Princes, and all faithful Christians? Is it not known to be a part of miserable madness, if the son should endeavour to subjugate the Father, the servant the master to himself? The Canonical authority of Scriptures testifieth, that divers Pontiffs have excommunicated, some of them Kings, others Emperors: And if you require somewhat in special of the persons of Princes; Saint Innocent smote the Emperor Archadius with the sword of excommunication, because he consented that Saint John Chrysostom should be violently expelled from his See. Likewise Saint Ambrose Archbishop of Milan, for a fault which seemednot so heinous to other priests, excommunicated the Emperor Theodosius the great: From which sentence, having first given condign satisfation, he afterwards deserved to be absolved; and many such like examples may be alleged, both more certain for time, and nearer for place. Therefore no Bishops whatsoever neither may nor aught to be punished by the secular Power, if they chance to offend through humane frailty: For it is the duty of a good and religious Prince to honour the Priests of God, and defend them with greatest reverence, inimitation of the Pious Prince of most happy memory, Constantine, saying, when the cause of Priests was brought before him, You cannot be judged by any, to wit, of the secular judges, who are reserved to the judgement of God alone; according to the assertion of the Apostle (very ill applied) saying, The spiritual man is judged of no man, 1 Corinth. 2. 15. (Not mean of Bishops or Clergymen, but Saints alone, endued with God's Spirit, not of judging in courts of justice, but of discerning spiritual things, and their own spiritual Estates, as the Context resolves.) Thus and much more this Prelate, who notwithstanding this text of the Romans, pleads an exemption of all Bishops and Priests from the kings secular power, by Divine Authority, and arrogates to Priest and Prelates, a judiciary lawful power over Kings themselves, to excommunicate and censure them for their offences. And to descend to later times, even since the the Reformation of Religion here, john Bridges Dean of Sarum, and Bishop of Oxfort, even in his Book entitled, The supremacy of Christian Princes over all persons throughout their Dominions, in all causes so well Ecclesiastical as spiritual, printed at London, 1573. p. 1095. writes thus; But who denies this (M. Saunders) that a godly Bishop may upon great and urgent occasion, if it shall be necessary to edify God's Church, and there be no other remedy, flee to this last censure of Excommunication AGAINST A WICKED KING? Making it a thing not questionable by our Prelates and Clergy, that they may in such a case lawfully excommunicate the King himself: And Doctor Bilson Bishop of Winchester, in his True difference between Christian subjection and unchristian Rebellion, dedicated to Queen Elizabeth herself, printed at Oxford, 1595. Part. 3. Page 369. to 378. grants, That Emperors, Kings and Princes, may in some cases be Excommunicated and kept from the Lords Table by their Bishops; and grants, That with Heretics and Apostates, be THEY PRINCE'S or private men, no Christian Pastor nor people may Communicate: Neither find I any Bishop o● Court Doctor of the contrary opinion, but all of them readily subscribe hereto. If then not only the ill Counsellors and Instruments of Kings, but Kings and Emperors themselves, may thus not only be lawfully, justly resisted, but actually smitten and excommunicated by their Bishops and Clergy, with the spiritual sword, for their notorious crimes and wickednesses, notwithstanding this inhibition; (which * Theod. Eccles. Hist. 1. 4. c. 5, 6. Valentinian the Emperor confessed; and therefore desired, that such a Bishop should be chosen and elected in Milan after Auxentius, as he himself might really and cordially submit to him and his reprehensions, since he must sometimes needserre as a man, as to the medicine of souls; as he did to Ambrose, when he was elected Bishop there;) why they may not likewise be resisted by their Laity in the precedent cases with the temporal sword, and subjected unto the censures of the whole Kingdoms and Parliaments, transcends my shallow apprehension to conceive, there being as great, if not greater, or the very selfsame reason for the lawfulness of the one, as of the other. And till our Opposites shall produce a substantial difference between these cases, or disclaim this their practice and doctrine of the lawfulness of excommunicating Kings and Emperors, they must give me and others liberty to conceiye, they have quite lost and yielded up the cause they now contend for, notwithstanding this chief Text of Romans 13. the ground of all their strength at first, but now of their ruin. Object. 10. The tenth x 〈◊〉 Fern Sect. 2. Appeal to thy Conscience. Objection is this, that of 1 Pet. 2, 13, 14, 15, 16. Submit yourselves to every ORDINANCE OF MAN for the Lords sake, whether it be to The King AS SUPREME, or unto Governors, as unto them that are scut by him (to wit, by God, not the King, as the distribution manifests, and Rom. 13. 1, 2, 3, 4.) For the punishment of evil doers, and for the praise of them that do well, etc. Fear God, Honour the King; we must submit to Kings and honour Kings, who are the supreme Governors; therefore we may in no case forcibly resist them or their Officers, though they degenerate into Tyrants. To which I answer; Answ. that this is a mere inconsequent; since the submission here enjoined is but to such Kings, who are punishers of evil doers, and praisers of those that do well; which the Apostle makes the Ground and motive to submission; therefore this text extends not to Tyrants and oppressors, who do quite contrary. We must submit to Kings when they rule well and justly, is all the Apostle here affirms; Ergo we must submit to, and not resist them in any their violent courses to subvert Religion, Laws, Liberties; is mere nonsense both in Law, Divinity, and common Reason. If any reply, Reply. as they do, that the Apostle, vers. 18, 19, 20. Bids servants be subject to their Masters with all fear, not only to the good and gentle, but also to the froward: For this is thankworthy, if a man for conscience towards God endure grief suffering wrongfully, etc. Ergo this is meant of evil Magistrates and Kings, as well as good. I answer 1. Answ. That the Apostles speaks it only of evil ●asters not Kings; of servants, not subjects; there being a great difference between servants, Apprentices, Villains, and freeborn subjects, as all men know, the one being under the arbitrary rule and government of their Masters; the other only under the just, settled, legal Government of their Princes, according to the Laws of the Realm: S●condly, this is meant only of private personal injuries, and undue corrections of Masters given to servants without just cause, as vers. 20. For what glory is it, if when ye be BUFFETED FOR your faults, etc. intimates: not of public injuries and oppressions of Magistrates, which endanger the whole Church and State. A Christian servant or subject must patiently endure private * See Heb. 12. 10. M●tth. 5. 39, 40. undue corrections of a froward Master or King: Ergo whole Kingdoms and Parliaments, must patiently without resistance suffer their kings and evil Instruments to subvert Religion, Laws, Liberties, Realms, (the proper deduction ●een) is but a ridiculous conclusion. Secondly, This Text enjoins no more subjection to kings, then to any other Magistrates; as the words: Submit yourselves TO EVERY ORDINANCE of Man; Or unto Governors, etc. prove past all contradiction; And vers 6 which bids us, Honour the King; bids 〈◊〉 first in direct terms, HONOUR ALL MEN; to wit, All Magistrates at least, if not all men in general, as such: There is then no special Prerogative of irresistability given to kings by this Text in injurious violent courses, more than there is to any other Magistrate or person whatsoever; God giving no man any Authority to injure others without resistance, especially if they assault their persons or ●nvade their Estates to ruin them: Since then inferior Officers, and other men may be forcibly resisted when they actually attempt by force to ruin Religion, Laws, Liberties, the republic, a● I have proved, and our Antagonists must grant; by the selfsame reason kings may be resisted too, notwithstanding any thing in this Text, which attributes no more irresistability or authority to Kings, then unto other Magistrates. Thirdly, Kings are here expressly called; AN ORDINANCE OF MAN, not God; as I have formerly proved them to be. If so; I then appeal to the consciences of our fiercest Antagonists, whether they do believe in their consciences, or dare take their Oaths upon it; That ever any people or Nation in the world, or our Ancestors at first, did appoint any Kings or Governors over them, to subvert Religion, Laws, Liberties; or intent to give them such an unlimited uncontrollable Sovereignty over them, as not to provide for their own safety, or not to take up Arms against them, for the necessary defence of their Laws, Liberties, Religion, Persons, States, under pain of high Treason, or eternal damnation, in case they should degenerate into Tyrants, and undertake any such wicked destructive design. If not (as none can without madness and impudence aver the contrary, it being against all common sense and reason, that any man or Nation should so absolutely, irresistably enslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants, and such a thing as no man, no Nation in their right senses, were they at this day to erect a most absolute Monarchy, would condescend to;) then clearly the Apostle here confirming only the Ordinances of men, and giving no Kings nor Rulers any other or greater power than men had formerly granted them (for that h●d been to alter, not approve their humane Ordinances) I shall infallibly thence infer; That whole States, and Subjects, may with safe conscience resist the unjust violence of their Kings in the foresaid cases, because they never gave them any authority irresistably to act them, nor yet devested themselves (much less their posterity whom they could not eternally enslave) of the right, the power of resisting them in such cases; whom they might justly resist before, whiles they were private men, and as to which illegal proceedings they continue private persons still, since they have no legal power given them by the people to authorise any such exorbitances. Fourthly, The subjection here enjoined, is not passive, but active, witness ver. 15. For so is the will of God, that by WELL DOING (to wit, by your actual cheerful submission to every Ordinance of man for the Lords sake, etc.) you put to silence the ignorance of foolish men: as free, and not using your liberty, etc. If then this Text be meant of active, not passive obedience; than it can be intended only of lawful Kings, of Magistrates in their just commands, whom we must actually obey; not of Tyrants and Oppressors in their unjust wicked proceedings, whom we are bound in such cases actually to disobey, as our Antagonists grant, and I have largely evidenced elsewhere: Wherefore, it directly commands resistance, not subjection in such cases; since actual disobedience to unjust commands, is actual resisting of them. And that these Texts prescribing resistance tacitly, should apparently prohibit it under pain of Treason, Rebellion, Damnation, is a Paradox to me. Fifthly, This Text doth no way prove that false conceit of most, who hence conclude: That all Kings are the Supreme Powers, and above their Parliaments, and whole Kingdoms, even by Divine institution: There is no such thing, nor shadow of it in the Text. For first, This Text calls Kings, not a Divine, but Humane Ordinance; If then Kings be the Supremest Power, and above their Parliaments, Kingdoms, it is not by any Divine Right, but by Humane Ordination only, as the Text resolves. Secondly, This Text prescribes not any Divine Law to all or any particular States; nor gives any other Divine or Civil Authority to Kings and Magistrates in any State then what they had before; for if it should give Kings greater Authority and Prerogatives then their people at first allotted them, it should alter and invade the settled Government of all States, contrary to the Apostles scope, which was to leave them as they were, or should be settled by the people's joint consent: It doth not say, That all Kings in all Kingdoms are, or aught to be Supreme; or let them be so henceforth: no such inference appears therein. It speaks not what Kings ought to be in point of Power; but only takes them as they are, (according to that of Rom. 13. 2. The Powers that ARE, etc. to wit, that are, even now every where in being, not which ought to be, or shall be) whence he saith; Submit to the King as supreme: that is; where by the Ordinance of man the King is made supreme; not, where Kings are not the supremest Power; as they were not among the a See Bodin Common-weal l. 1. c. 10. l. 2. c. 5. Hugo Grotius de jure Belli. l. 1. c. 3. sect. 8 to. 13. & Annotata. ancient Lacedæmonians, Indians, Carthaginians, Goths, Arragonians, and in most other Kingdoms, as I have b Part. 1. & in the Appendix. elsewhere proved: To argue therefore, We must submit to Kings where the people have made them supreme; Ergo, All Kings every where are and aught to be supreme jure divino; (as our Antagonists hence infer) is a gross absurdity. Thirdly, This Text doth not say, That the King is the supreme sovereign Power, as most mistake; but supreme Governor, as the next words; or Governors, etc. expound it; and the very Oath of Supremacy, 1. Eliz. Cap. 1. which gives our Kings this Title, Supreme Governor within these his Realms. Now Kings may be properly called Supreme Magistrates or Governors in their Realms, in respect of the actual administration of government and justice, (all Magistrates deriving their Commissions immediately from them, and doing justice, for, and under them:) and yet not be the Sovereign Power, as the Roman Emperors, c Bodin. Common-weal l. 2. c. 5 l. 1. c. 10. the Kings of Sparta, Arragon, and others; the Germane Emperors, the Dukes of Venice in that State, and the Prince of Orange in the Nether-lands, were and are the Supreme Magistrates, Governors; but not the Supreme Sovereign Powers; their whole States, Senates, Parliaments, being the Supremest Powers, and above them; which being Courts of State, of Justice, and a compound body of many members, not always constantly sitting, may properly be styled, The Supreme Courts and Powers; but not the Supreme Magistrate or Governor: As the Pope holds himself, the Supreme Head and Governor of the Militant Church; and the Archbishop of Canterbury styles himself, the Primate and Metropolitan of all England; and so other Prelates in their Provinces; yet they are not the Sovereign Ecclesiastical Power, for the King, at least General Counsels or national Synods (which are not properly termed Governors, but Powers) are Paramount them, and may lawfully censure or depose them, as I have d Part. 1. p. 88 elsewhere) manifested. To argue therefore, that Kings are the highest Sovereign Power, because they are the highest particular Governors and Magistrates in their Realms, as our Antagonists do; is a mere Fallacy, and Inconsequent, since I have proved e Par. 1. & the Appendix. our own, and most other Kings, not to be the highest Powers, though they be the Supremest Governors. Fourthly. This Text speaks not at all of the Roman Emperor, neither is it meant of him, as Doctor Ferne, with others mistake; who is never in Scripture styled a King, being a Title extremely odious to the Romans, and for ever banished their State with an f Livy Hist. l. 1. See the Appendix. p 3. 4. Oath of execration, by an ancient Law, in memory whereof they instituted a special annual Feast on the 23. of February, called, g Macrob. Saturnal. l. 1 c. 13. Seldens Titles of honour part. 1. c. 2. sect. 2. p. 13. Regifugium; the hatred of which Title continued such, that Tully h Aug. de Civ. D●●. l 2. and Augustine write; Regem Romae posthac, nec Dii nec Homines esse patiantur: And i Selden. ibid. Plutarchi, julius Caesar, Eutropius. Grimston in his life. Caesar himself being saluted King by the multitude, perceiving it was very distasteful to the States, answered, CAESAREM SE, NON REGEM ESSE: which Title of Caesar, (not King) the Scripture ever useth to express the Emperor by: witness Matth. 22. 17, 21. Mark 12. 14, 16, 17. Luke 2. 1. chap. 20. 22, 24, 25. chap. 23. 2. John 19 12, 15. Acts 11. 28. chap 17. 7. chap. 25. 8, 10, 11, 12, 21. chap. 26. 32. chap. 27. 24. chap. 28. 19 Phil. 4. 22. Which Texts do clearly manifest, that no Title was ever used by the Apostles, Evangelists, Jews, to express the Emperor by, but that of Caesar, not this of King. Therefore Peter's Text, speaking only of the King, not Caesar, cannot be intended of the Roman Emperor, as ignorant Doctors blindly fancy. Fifthly, This Epistle of Peter (the k Gal. 2. 7. 8. Apostle of the jews) was written only to the dispersed jews throughout Pontus, Galatia, Cappadocia, Asia, and Bythinia, 1 Pet. 1. 1. over whom Herod at that time reigned as King, by the Roman Senates and Emperor's appointment, who had then conquered the jews, and made them a tributary Province, as is evident by Matth. 27. 17, 21. Mark 12. 14, 16, 17. Luke 20. 22, 24, 25. chap. 23. 2. Acts 17. 7. chap. 25. 8, 10, 11, 12, 21. chap. 27. 24. chap. 12. 1. to 24. compared together; and by l Ant. jud. l. 17. c. 12. l. 18 c. 1. l 20 c. 9 & De Bel. jud. l. 1. Iosep●us, the Century writers, Baronius, Sigonius, and others. The King then here mentioned to be supreme, was Herod, or King Agrippa, or some other immediate m Mat. 3 1. c. 27. 11. Act 25. 13. 24. 26 c. 26. 2. c. 12. 1. King of the jews, who was their supreme Governor, not absolutely, but n Ant. jud. l. 13. to 20. John 19 12. under the Roman Senate and Emperors, and made so by their appointment, whence called in the Text; an Ordinance of man, not God: Now this King of the Jews (as is evident by Paul's Appeal to Caesar from Festus and King Agrippa, as to the Sovereign Tribunal; Acts 25. and 26. by josephus, P●ilo Iud●us de legatione ad Caium, and the consent of all Historians) was not the absolute Sovereign Power, but subordinate to the Roman Emperor and Senate, o jos. de Bel. jud l. 1 c. 10. 11. 12. 15. who both created, and bad power to control, remove, and censure him for his misdemeanours; yet Peter calls him here Supreme, because the Highest Governor under them, as we style our Kings p See the Appendix. Supreme Governors under Christ. Therefore having a Superior Governor and Power over him, to which he was accountable and subordinate; Supreme in the Text, cannot be meant, of a King absolutely Supreme, having no Power Superior to him, but God; but only relatively Supreme, in respect of under. Governors, there actually residing: whose Supremacy being forcibly gained only by conquest, not free consent; (and the ancient native * Schickardus jus Regtum. H●b. p. 7. Cunaeus de Rep. Haeb. p. 101 166. Kings of the jews, being inferior to their whole Senates and Congregations, and to do all by their advice, as josephus Antiq. jud. lib. 4. cap. 8. 2. Sam. 18. 3, 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest) will no way advantage our Opposites, nor advance the Prerogative of Kings; since it extends only to the King of the Jews that then was, who was not simply Supreme, but a Subject Prince subordinate to the Roman State and Empire, and one appointed by a Conqueror, not freely chosen and assented to by the people. So as all the Argument which can hence be extracted for the absolute Sovereignty and irresistibility of Kings over their whole Kingdoms and Parliaments, is but this. The King of the jews was in Peter's time the Supreme Magistrate over that Nation, by the Roman Senates and Emperor's appointment, to whom yet he was subordinate and accountable; the Romans having conquered the jews by force, and imposing this government upon them, without their consents. Therefore the Kings of England, and all other Kings are absolute Sovereign monarchs, Superior to their whole Parliaments and Kingdoms, collectively considered; and may not in point of conscience be forcibly resisted by them, though they endeavour to subvert Religion, Laws, Liberties: How little coherence there is in this Argument, the silliest child may at first discern. From these Scriptures, Objection 11. I descend to Reasons deduced from them, against resistance, which I shall contract into three ArgumentS: The first is this; x Bodin. l. 2. c. 5 Bilson. part. 3. ● Kings are the Fathers, x An appeal to thy conscience, and many others. Heads, Lords, Shepherds of the Commonwealth; Ergo, They ought not to be resisted in any their exorbitant proceedings; it being unlawful, unseemly, ●or a Son to resist his Father; the Members the Head; the Vassals their Lord; the Flock their Shepherd. To this I answer1.: Answer First, They are Fathers, Shepherds, Lords, Heads, only in an improper, allegorical, not genuine sense; therefore nothing can thence be properly inferred: They are and aught to be such in respect of their y 2 Sam. 24. 17. Isa 49. 23. 40. 11. c. 32. 2. Ezek. 34 2. to 18. loving and careful affection towards their Subjects; not in regard of their Sovereign Power over them: Therefore when their Tyranny makes them not such, Ps 78 72 73. 74. Isa. in regard of care and affection to their people; their people cease to be such, in regard of filial, natural, and sheep-like submission: When these Shepherds turn z Ezek. 22. 27 Zep 3 3▪ Mat. 7. 15. Act. 20 29. Wolves; these Joh. 10. 9 to 19 Fathers, Step-fathers'; the Subjects, as to this, cease to be their Sheep, their Children, in point of Obedience and Submission. Secondly, If we consider the Common-weal and Kingdom collectively; Kings are rather their Kingdoms children than Parents, because * 1 Pet. 2. 13. created by them, their public servants, ministers, for whose benefit they are employed, and receive a Rom. 13. 6. wages; not their Sovereign Lords; their subordinate Heads, to be directed and advised by them, not Tyrannically to overrule them at their pleasure: Therefore Paramount, and able in such cases to resist them. Thirdly, Parishioners may, no doubt, lawfully resist the b 2 John 10. 11. false Doctrines and open assaults of their Ministers, though they be their Spiritual Shepherds: Citizens the violent oppressions of their Majors, though they be their Politic Heads: Servants the unjust assaults of their Masters, though their lawful Lords; (who may c Litt●●ton. sect. 29 4. & Coke Ib. p. 126. not misuse their very Villains, by Law:) And if Parents will violently assault their natural children, Husbands their Wives, Masters their Servants, to murder them without cause, they may d See Al● Gen. de jur. Bel. l 1. c. 15. 16. by Law resist, repulse them with open force. Fourthly, A Son who is a Judge, may lawfully resist, imprison, condemn his natural Father; A Servant, his Lord; A Parishioner his Pastor; a Citizen his Major; a mere Gentleman, the greatest Peer or Lord, as experience proves; because they do it in another capacity, as Judges and Ministers of public Justice, to which all are subject. The Parliament then in this sense, as they are the representative Body of the Realm, not private Subjects, (and their Armies by their authority) may, as they are the highest Sovereign Power and Judicature, resist the King and his Forces, though he be their Father, Head, Shepherd, Lord, as they are private men. Fifthly, This is but the common exploded Argument of the Popish Clergy, To prove themselves superior to Kings, and exempt from all secular jurisdiction, because they are spiritual Fathers, P●●stors, Heads to Kings; who ought to obey, not judge, and censure them, as e Antiq Eccles. Brit. p 245. Archbish. Stratford, and others argue. But this plea is no ways available to exempt Clergy men from secular Jurisdiction; from actual resistance of parties assaulted, nor yet from imprisonment, censures, and capital executions by Kings and Civil Magistrates, in case of capital Crimes; Therefore by like reason it can not exempt Kings from the resistance, censures of their Parliaments, Kingdoms, in case of tyrannical invasions. We deride this Argument in Papists as absurd, as in sufficient to prove the exemption of Clergy men: I wonder therefore why it is now urged to as little purpose, against resistance of Tyrants, and oppressing Kings and Magistrates. The second reason is this, f Appeal to thy conscience, and others. The Invasions and oppressions of evil Kings and Tyrants, Object. 12. are afflictions and punishments inflicted on us by God: Therefore we ought patiently to submit unto them, and not forcibly to resist them. I answer; Answ. First, The invasions of Foreign Enemies are g See 1 Kin. 11. 14. to 41. Isai. 10. 6. just judgements, and punishments sent upon men by God; as were the invasions of the h See Gildas de Excidio. Brit. Matthew West. Malmsbury, Huntingdon, and all our Chroniclers. Danes, Saxons and Normans in England, heretofore; of the Spaniards since. Ergo, we ought not to resist or fight against them. The present rebellion of the Papists in Ireland is a just punishment of God upon this Kingdom and the Protestant party there; 2 Chro. 33. 11. ca 35. 1. to 21. Ergo, Neither we, nor they ought in conscience to resist or take Arms against them. Every sickness that threatens or invades our bodies, is commonly an affliction and punishment sent by God: Ergo, We must not endeavour to prevent or remove it by Physic, but patiently lie under it without seeking remedy. Injuries done us in our persons, estates, names, by wicked men, who assault, wound, rob, defame us, are from h 2 Sam 16. 10, 11, 12. God, and punishments for our sins: Ergo, We may not resist them: Yea, Subjects Rebellions, Treasons, and Insurrections, against their Princes many times, are punishments inflicted on them by God, displeased with them, as the Statute of 1 Ed. 6. c. 12. resolves, and the i 1 King cap. 11. & 12. Scripture too: Ergo, Kings ought not to resist or suppress them by force of Arms; If all these Consequences be absurd, and idle, as every man will grant, the objection must be so likewise. I read, That in the * joan. Ca●●ot, lib. 4. Polycrat. c. 1. & Boc●●llus D●creta, Eccles. Gal. l. 5. 'tis 1. cap 6. p. 697. persecution of the Huns, their King Attila being demanded of by a religious Bishop, of a certain City? who he was? when he had answered; I am Attila, the scourge of God: The Bishop reverencing the divine Majesty in him; answered, Thou art welcome o Minister of God; and ingeminating this saying, Blessed be he that cometh in the Name of the Lord, Opene● the Church door, and let in the persecutor, by whom he obtained the Crown of Martyrdom, not daring to exclude the scourge of the Lord; knowing, that the beloved son is scourged, and that the power of the scourge itself is not from any, but God. Will it hence follow? That all Christians are bound in conscience to do the like, and not to resist the barbarous Turks, if they should invade them▪ no more than this Bishop did the bloody Pagan Huns, because they are God's wrath? I trow not. One Swallow makes no Summer; nor this example, a general precedent to ●inde all men. The third reason is thi●, Saints forcible resistance of Tyrants, begets civil wars, Object 13. great disorders, and k Dr. Ferne, Sect. 3, 4. and others. many mischiefs in the State: Ergo, It is unlawful, and inconvenient. I answer, Answ. First, That this doctrine of not resisting Tyrants in any case, is far more pernicious, destructive to the Realm than the contrary; because it deprives them of all humane means, and possibilities of preservation; and denies them that special remedy which God and nature hath left them for their preservation: Laws, denial of Subsidies, and such like remedies prescribed by Doctor Ferne, being no remoraes or restraints at all to armed Tyrants; Wherefore I must tell thee Doctor, Theologorum utcunque dissertissimorum sententiae, in h●●c controversia non sunt multo faciendae, quia quid sit Lex humana ipsi ignorant, as Vasquius controvers. Illustr. 81. 11. determines. Secondly, The knowledge of a lawful power in Subjects to resist Tyrants, will be a good means to keep Princes from Tyrannical courses, for fear of strenuous resistance; which if once taken away, there is no humane bridle left to stay the Inundation of Tyranny in Princes or great Officers; and all Weapons, Bulwarks, Walls, Laws, Arms will be merely useless to the Subjects, if resistance be denied them, when there is such cause. Thirdly, Resistance only in cases of public necessity, though accompanied with civil war; serves always to prevent far greater mischiefs than war itself can produce, it being the only Antidote to prevent public ruin, the readiest means to preserve endangered, to regain, or settle lost Liberties, Laws, Religion, as all age's witness; and to * Seditiones nonfacit, sed tollit quiever ●orem Patriae, publicaeque disciplinae co●rcerit, Vindiciae. contr. Ty●●n. p 145. prevent all future Seditions and Oppressions. Fourthly, Desperate diseases, have always desperate remedies, Malo nod●, malus cuneus: When nothing but a defensive war will preserve us from ruin and vassalage; it is better to embrace it, then hazard the loss of all, without redemption. Ex duobus malis minimum. All Kingdoms, States in cases of necessity, have ever had recourse to this as the lesser evil; and why not ours as well as others. The last (and strongest Objection as some deem it) is the sayings if some Fathers backed with the examples of the primitive Christians, to which no such satisfactory answer hath hitherto been given, as might be. Object. The first and grandest Objection against Subjects forcible resistance, Authority 1. and defensive war, is that speech of Saint Ambrose, Lib. 5. Orat. in Auxentium. Coactus repugnare non audeo: dolere potero, potero fler●, potero gemere: adversus arma, milites, Gothos, Lachrymae meae arma sunt: talia enim sunt munimenta sacerdotum: ALITER NEC DEBEO, NEC POSSUM RESISTERE. This chief Authority, Answ. though it makes a great noise in the world, if solidly scanned, will prove but Brutum fulmen; a mere scarecrow and no more. For first, Ambrose in this place speaks not at all of Subjects resisting their Princes, or Christians forcible resisting of the persecuting Roman Emperors; but of resisting Valentin●, and the Arms and Soldiers of the Goths, who at that time l See Orosi●●, Eutropius, Paulu● Diaco●us, Grimston, and others. over ran Italy, and sacked Rome, being mortal Enemies to the Romans, the Roman Emperour●, Saint Ambrose, and Milan where he was Bishop. This is evident by the express objected words: I can griev●, I can weep, I can mourn, (to wit for the wasting of my native Country Italy, by the Invading Enemies the Goths:) against Arms, Soldiers, GOTHS (mark it) my tears are Weapons, etc. If any sequel can be hence properly deduced, it must be that for which the m See Lucas Osiander E●chir Contr. cap. 9 de Magistratu. polit. Anabaptists use it (from whence our Opposites, who tax the Parliaments Forces for Anabaptists, when themselves are here more truly such, and fight with this their weapon.) That it is unlawful for Christians to fight, or make so much as a defensive war against invading Foreign barbarous Enemies, of whom this Father speaks: And then if the Irish Rebels, Danes, Spaniards, French, should now invade England, both against the Kings and Kingdoms Wills, we must make no forcible resistance at all against them with Arms in point of conscience, but only use prayers and tears. This is the uttermost conclusion which can properly be hence deduced; which our Antagonists will confess to be at least erroneous, anabaptistical, if not Heretical. Secondly, You must consider who it was that used this speech; Ambrose, a Minister, than Bishop of Milan; who by reason of this his function being an Ambassador of Peace; had his hands bound from fight with any other weapons, even against invading foreign Enemies, but only with the sword of the spirit, prayers and tears: and that his calling only, was the ground of this his speech; is infallible by the latter clause thereof, which our Opposites cunningly conceal. Prayers are my Arms: For such are the Defensive Armour OF PRIESTS; Otherwise I NEITHER AUGHT NOR CAN RESIST: Why so? Because he was a Minister, a Bishop; and Paul prohibits such to be STRIKERS, Tit. 1. 7. 1 Tim. 3. 3. and because Priests under the Law did but blow the Trumpets, and never went out armed to the wars, josh. 6. Upon which ground n Gratian Distinct 5. & Causa. 23. qu 8. Aquinas. 2. 2. qu. 40. Artic. 2. Silu. de Bello, p 3. Grotius de jur. Belli. l. 1. c 5. se●t. 4. p. 98. Nicetas Chro. l. 6. Divers Counsels, decretals, Canonists, expressly prohibit, and exempt Priests and Bishops, from bearing Arms, or going to War, though many of them have turned o See W●ls●ngham. hist. Angliae p. 312. to 330. great Soldiers, and been slain in wars. Hence Anno 1267, in a Parliament held at Bury, K. H. 3d. and Ottobon the Pope's Legate, demanded of all the Bishops and Clergy men, holding Baronies or Lay-fees, that they should go personally armed against the King's enemies, or find so great service in the King's expedition, as appertained to so much Lands and Tenants. To which they answered, That THEY OUGHT NOT TO FIGHT WITH THE MATERIAL SWORD; (no not against the King's Enemies) But with the spiritual; to wit, with humble and devoute tears and prayers, (using these words of Ambrose:) And that for their benefices they were bound to maintain Peace, NOT WAR. p Contin Mat. P●is, p. 971. Hence our King q R●ger de Hoved. Annal. pars post. p. 768. to 778. Neubrigensis, hist. l. ●5. c 21. Richard the first, taking the Bishop of Beauvoyes in France, his great Enemy, armed from top to toe, prisoner in the field; commanded him to be strictly kept in prison in his arms, and would by no means suffer him to put them off: for which hard usuage he complained to the Pope, and procured his letter to King Richard to free him from his arms and restraint; in which Letter, the Pope sharply reproves the Bishop for preferring the secular warfare before the spiritual, in that he had taken a Spear instead of a Crosier; an Helmst in lieu of a Mitre; an Habergion instead of a white Rochet; a Target in place of a Stole; an Iron-sword, instead of a spiritual sword. After which, the King sent his Arms with this Message to the Pope: See whether this be thy son's Coat or not? Which the Pope beholding, answered: No by Saint Peter, It is neither the apparel of my sons, nor yet of my Brethren, but rather the vesture of the sons of Mars. And upon this ground r Antiqu: Eccles. Brit. p. 299. 300. 10. E 4. 6. Stamford, f. 153 Our Bishops anciently, when Members of Parliament, departed the house when Cases of Treason or Felony came in question, because they might not by the Canons, have their hands in blood. This then being Ambrose his direct words and meaning, That he neither aught, nor could use any other Weapons against the invading Goths, and their forces, but prayers and tears; * See Io: Mayor in 4. Scot Disc. 15. because he was a Minister, not a Bishop, a Layman; The genvine Argument that our opposites can thence extract, is but this. Priest's must use no other Defensive Arms, but prayers and tears, against invading foreign Enemies. Ergo, The Priests and Ministers in his Majesty's Armies, who bear Offensive Arms, must now in conscience lay them down, and use no other resistance, but prayers and tears against the Parliaments forces: where as their former inference against resistance: Ergo, It is altogether unlawful for the Parliament, or any Lay-Subjects by their command, to defend Religion, Laws, Liberties, against his Majesty's invading forces, who intent by force to subvert them; is but ridiculous nonsense, which never once entered into this Father's thoughts, and can never be extorted from his words. Ministers of the Gospel must not use any Arms, but prayers and tears to resist a foreign Enemy: Ergo, None else may lawfully use them to withstand an invading adversary; is a conclusion fitter for Anabaptists than Royalists, who may now with shame enough, for ever bid this authority adieu; with which they have hitherto gulled the ignorant World: And henceforth turn it against the Commission of Array, enjoining Bishops, and Clergy men, to array and arm themselves as well as other men, as the Precedents cited in judge Cook his Argument against Ship-money; in the Parliaments two Declarations against the Commission of Array; and in the Answer published in the King's name, to the first of them, plentifully evidence. Finally, Hence I infer, That Clergy men may, and must fight against their invading Enemies with prayers, tears, the Weapons which they may lawfully use as proper for their callings. Ergo, Laymen may, and must resist, and fight against them with corporal Arms, since they are as proper for them in cases of needful defence, as these spiritual Arms are for Priests. The second Authority Authority 2. is that of s An appeal to thy conscience. p. 28. Grotius de jure Belli, l. 1. c. 4. sect 4. p. 83. Nazienzen. Oratio. 2. in Julianum. Repressus of julianus Christianorum lachrymis, quas mult as multi profuderunt. HOC VNUM or Solum (as Grotius translates it) adversus persecutionem medicamentum habentes: To which I shall add by way of supply this other passage. Nos autem; quibus NULLA ALIA ARMA, nec muri, nec praesidia, praeter spem in Deum, reliqua erant: Vtpote OMNI HUMANO SUBSIDIO PRORSUS DESTITUTIS ET SPOLIATIS, quem tandem alium aut precum auditorem, aut inimicorum depulsor●m habituri eramus, q●am Deum jacob, qui adversus superbiam jurat. From whence they conclude, that Christians must use no other weapons but prayers and tears, against Tyrants and oppressors. To which I answer. Answ. 1. First, that it is clear by this, that Christians may use prayers and tears against Tyrants and oppressors. Secondly, that these are the most powerful prevailing Arms both to resist and conquer them. This the opposites readily grant. Therefore by their own confession, Christians both may and must resist tyrants by the most powerful & effectual means that are. Tyrant's therefore are not the higher Powers, Kings, Rulers, which Paul and Peter in the fore-objected texts, enjoin men under pain of damnation to be subject and obedient to for conscience sake, and no ways to resist; since they may resist them with the powerfullest arms of all others, prayers and tears. Thirdly, if they may be lawfully resisted with these most prevailing arms notwithstanding Paul's & Peter's objected inhibitions, then à fortiori they may be with corporal, which are less noxious and prevalent; he that may with most successful means resist, vanquish, and overcome his tyrannising oppressing Sovereign, may likewise do it by the less noxious Arms. If Christians may repulse and subdue a Tyrant with their Prayers, Tears, then why not with their Swords? Doth God or the Scripture make any such distinction, that we may and must resist them under pain of damnation, with these kind of weapons; and shall it be no less than Treason, Rebellion, Damnation to resist them with the other? what difference is there in point of Allegiance, Loyalty, Treason, Conscience, to resist an oppressing tyrannising Prince and his Forces with a Prayer, or with a Sword? with a Tear, or with a Spear? Are they not all one in substance? By the Statutes of 26 H. 8. c. 13. 1 E. 6. c. 14. 5 E. 6. c. 11. 1 Eliz. c. 6. 13 Eliz. c. 1. words against the King delivered even in Preaching, are made and declared to be high Treaeson, as well as bearing Arms, and striking blows; yea, the Statute of 1 & 2 Ph. & Ma. 6. 9 makes certain prayers against this persecuting Queen, high Treason; and by the Statute of 25 E. 3. c. 2. it is high Treason for any man to COMPASS OR IMAGINE the death of the King, Queen, Prince, t The Christians than styled julian, Idolianus, Pisaeus, Adonaeus, Tauricremus, alter Hieroboam, Achab, Phar●o, etc. Nazianzen, Orat. 47. & 48. in julianum. as well as to slay or levy war against them. If then we may, by the Objectors confession, the practices and examples of the Primitive Christians, against julian and others, fight with our Tongues, Prayers, Tears, Imaginations against our Sovereigns, who turn Tyrants and Persecutors; and thereby suppress, conquer, confound them, of which none make scruple, though our Statutes make it no less than high Treason in some cases; then questionless they may by the self same reason and ground, resist them with open force, notwithstanding any inhibition in Scripture. We may not, must not resist any lawful King or Magistrate in the just execution of his office, so much as with a repugnant will, thought, prayer, tear: we may, yea must resist an oppressing, persecuting Tyrant with all these; therefore with any other Arms. means v Exodus, Samuel, Kings, Chronicles, Numbers, judges and the Book of Psalms every where almost. Hezekiah, David, Moses, Abijah, Asa, resisted their invading enemies, and conquered them with their prayers; but yet they provided to repulse and vanquish them with other external Arms. The Christians resistance and vanquishing their Emperor julian with the one, is an infallible argument, they might do it with the other too, there being no such distinction in the objected Scriptures, that we may fight against and resist them with our prayers, tears, not arms. Fourthly, this Father saith not, that it was unlawful for the Christians to use any other weapons but tears against julian, the only thing in question. No such syllable in the Oration, but only, that they had no other Arms to resist and conquer him with, being utterly destitute and spoilt of all other humane help. Therefore their want of other Arms and help, * See Zozimen. l. 5. c. 2. Non Gentiles solum, etc. not the unlawfulness of using them, had they had them, was the only ground they used prayers and tears, not a● me●. To argue then, those who are destitute of all Arms, but prayers and tears, must use them only: Ergo those who have other Arms besides prayers and tears, may not lawfully use them to resist a Tyrant, is but Scholastical Nonsense; yet this is the very uttermost this authority yields our opposites. In one word, this Father informs us, that this Apostate Emperor x Oratio. 1. in julianum p. 760. julian, would not make open war at first upon the Christians, because this would altogether cross the end he aimed at: (mark the reason) Nos enim, si vis inferatur, acriores obstinatioresque future's, ac tyrannidi obnixum pietatis TUENDAE STUDIUM OBJECTUROS cogitavit. Solent enim fortes & generosi animi, ei QUI VIM AFFERRE PARAT CONTUMACITER OBSISTERE, non secus ac flamma, quae a vento excitatur, quo vehementius perflatur, eo vehementius accenditur. Which argues, that the Christians would have forcibly resisted him, had he at first with force invaded them; therefore he weakened, subdued, disarmed them first by policy; and then fell topersecute them with force, when they had no means of resistance left. The third authority Authority 3. is that of y Appeal to thy conscience, p. 28, 29. Bernard, Epist. 221. to King Lewis of France, Quicquid vobis de Regno vestro, de animâ & coronâ vestrâ facere placeat, NOS ECCLESIAE FILII, matris injurias, contemptum, & conculcationem omnino dissimulare non possumus. Profecto STABIMUS ET PUGNABIMUS USQUE AD MORTEM (si ita oportuerit) pro matre nostrâ ARMIS QUIBUS LICET, non scutis & gladiis, SED PRECIBUS ET FLETIBUS AD DEUM. Therefore it is unlawful for Christians to resist with force of Arms. I answer Answ. 1. first, that Bernard was both a Monk and Clergyman, prohibited by Scripture and ●undry Canons to fight with military Arms against any person or enemy whatsoever; and he utters these words of himself, as he was a Clergyman, servant, and son of the Church; in the selfsame sense as Saint Ambrose did before. It was then only his Calling, not the cause which prohibited him forcibly to resist King Lewis. Secondly I answer, that this authority is so far from prohibiting resistance of oppressing Princes, endeavouring with force of Arms to subvert Liberties, Laws, Religion; that it is an unanswerable proof for it, even in our present case: King Lewis to whom Bernard writes, had then raised a civil war in his Realm against Theobald and others who desired peace; which the King rejecting, Bernard doth thus reprehend him in the premises. Verum vos nec verba pacis recipitis; nec pactae vestra tenetis, nec sanis consiliis acquiescitis. Sed nescio quo Dei judicio, omnia vobis ita vertitis in perversum, ut probra honorem, honorem probra ducatis; tuta timeatis, timenda contemnatis; & quod olim sancto & glorioso Regi David, joab, legitur exprobrasse; diligitis eos qui vos oderunt, & odio habetis qui vos diligere volunt. Nota. N●que enim qui vos instigant priorem iterare maliciam adversus non merentem, quaerunt in hoc honorem vestrum, sed suum commodum, imò nec suum commodum, SED DIABOLI VOLUNTATEM; ut Regis (quod absit) potentiam concepti fur●ris h●beant effectricem; quem suis ●e posse adimple●e viribus non confidunt; INIMICI CORONAE VESTRAE, REGNI MANIFESTISSIMI PERTURBATORES. (Our present case, in regard of the King's evil seducing Counsellors.) Then immediately follows the objected clause, At quicquid vobis, etc. After which he gives him this sharp reproof. Non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis, quod in n●cem hominum, combustionem domorum, destructionem Ecclesiarum, dispersionem pa●●perum raptoribus, predonibus (sicut dicitur, adhaeretis; juxta illud Prophetae z Ps. 49. si videbas furem curre●as cum eo, etc. quasi non satis per vo● mala facere valeatis. Dico vobis, non erit diu inultum, si haec ita facere pergitis. etc. Here this holy man prohibited by his orders to fight against this King, his Sovereign with his Sword; fights strongly against and resists his violence with his Penne. And although he may not use a Sword and Buckler in respect of his calling to defend his mother the Church against him: yet he is so far from yielding obedience to and not resisting him, according to Paul's and Peter's pretended injunctions, that he expressly tells him to his face, That HE WOULD STAND AND FIGHT AGAINST HIM EVEN UNTO DEATH (●f there were need) with such weapons as he (being a Monk and Minister) might use, to wit, with Prayers and tears, though not with Sword and Buckler; which were more prevalent with God against him then any other Arms. So that he resists him in the very highest strain that may be; and clearly admits, that Laymen who might lawfully use Swords and Bucklers, might with them justly defend the Church in standing and fight for it against him even to death, as well as he might do it with prayers and tears, his proper Arms: Which answers that objection out of his 170. Epistle, written to the same King; and his 183 Epistle to Co●rade King of Roman; where he subjects these Kings to the Pope, who● he adviseth them to obey; and reprehends them for their misdemeanours, notwithstanding that text of Rom. 13 which he there recites. The fourth authority, Authority 4. is the example of the primitive Christians, who submitted themselves willingly to their persecuting Emperors; without resistance in word or deed. a Dr. Fern●, The necessity of subjection. An Appeal to thy Conscience. Bishop Mort●n, Hugo Grotius, and others. For proof whereof, several passages are recited out of Fathers, which I shall conjoin: the first is out of Tertullian his Apologeticus. Quoties exim in Christianos desaev●tis, partim ●nimis propriis, partim l●g●bus obseque●tes? Quoties etiam praeteritis à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus & incendiis? Ipsis Bacchanalium furiis, nec mortuis parcunt Christianis, qu●● illos de requie sepultu●ae, de asylo quodam mortis, jam alios, jam nec totos avellant, dissecent, distrahant? quid tamen de tam conspiratis unquam denotatis, de tam animatis ad mortem usque pro injuria repensatis? quamvis vel unae nox pauculis f●culis largitatem ●ltionis posset operari, si malum malo dispu●gi, penes nos liceret. Sed absit ut aut igni humano vindicetur divina secta; aut doleat pati, in quo probatu●. Si● e in in hosts exortos non tantum vindices occultos agere vellemus, de sset nobis vis numerorum & copiarum? Plures nimirum Mauri & Marcomanni, ipsique Parthi, vel quantaecunque, unius tamen loci & suorum finium gentes, quam totiùs orbis? Externi sumus & vestra omnia implevimus, urbes, insulas, castella, municipia, conciliabula, castra ipsa, tribus, decurias, palatium, senatum, forum, sola vobis relinquimus templa. Cui Bello non idonei, non prompti fuissemus, etiam impares copiis, QUI TAM LIBENTER TRUCIDAMUR? Si non apud istam disciplinam MAGIS OCCIDI LICERET, QUAM OCCIDERE. Potuimus & inerm●s, NEC REBELIES, sed tantummodo discordes solius divortii invidia adversus vos dimic●sse. Si enim tanta vis hominum, in aliquem orbis remoti sinum abrupissemus â vobis, suffudisset utique damnationem vestram tot qualiumcunque amissio civium, imò etiam & ipsa institutione punisset: proculdubio expavissetis ad solitudinem vestram, ad silentium rerum, & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis. Plures hosts, quam cives vobis remanisissent, nunc enim pauciores hostes habetis prae multitudine Christianorum, penè omnium civium. Which S. Cyprian (Tertullia's imitator) thus seconds, Laedere Dei & Christi servos persecutionibus tuis desine, quos laesos ultio divina defendit. Ind est enim quod nemo nostrum quando apprehenditur, Ad Demetrianum liber. reluctatur, nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus, ulciscitur. Patientes facit de secutura ultione securitas. Innocentes nocentibus ce●unt. ●Insontes poenis & cruciatibus acquiescunt, certi & fidentes, quod in ultum non remaneat, quodcunque perpetimur, quantoque major fuerit persecutionis injuria, c Lib. 5. tantò & justior fiat & gravior pro persecutione vindicta. Which Lactantius thus trebles. Confidimus enim Majestati ejus qui tam contemptum sui possit ulcisci, quam servorum suorum labores & injurias. Et ideo cum tam nefanda perpetimur, ne verbo quidem reluctamur, sed Deo remittimuus ulti●●nes. d De Civit. Dei, lib. 22. Saint Augustine relates the same in these words, Neque tunc Civitas Christi quamvis ad huc peregrinaretur in terra, & haberet tam magnorum agmina populorum, adversus impios persecutores, pro temporali salute pugnavit, sed potius ut obtineret aeternam, non repugnavit: ligabantur, includebantur, caedebantur, torquebantur, urebantur, lani●bantur, cruciabantur, & multiplicabantur. Non erat iis pro salute pugnare, nisi salutem pro salute contemnere. The sum of all these Father's sayings (which I have largely cited, because I would conceal nothing that might be materially objected) is this: That the Christians in the primitive Church, though they were many in number, and sufficiently able to defend themselves against their persecuters by force of Arms, did yet refuse to do it, yielding themselves up to any tortures, punishments, deaths, without the least resistance in word or deed; Ergo, the Parliament and Kingdom ought now to make no resistance at all against the King's popish Army and Cavaliers, but to expose themselves to their cruelties and rapines, without the least resistance in word or deed. Because this objection sticks most with many Scholars, Statists, and tender consciences, I shall endeavour to give a satisfactory answer Answer. to it, without any shifting evasions, or questioning the truth of Tertullias, and Cyprians assertions, concerning the multitude and strength of the Christians, and their ability to resist, which some have taken e Mr. Goodwin his Anticavalierisme, Scripture and Reason for defensive Arms. great pains to re●ute. First, than I say, that neither of all these Fathers say, That the primitive Christians held it unlawful, muchless damnable, in point of conscience for them to resist their persecuting enemies, no such syllable in any of them. And Tertullias, Si non apud istam disciplinam MAGIS OCCIDI LICET QUAM OCCIDERE, by way of necessary defence, implies no such thing, but rather proves the contrary, that resistance is lawful, because it is lawful to be slain as a martyr; therefore in this case to slay. So as there is nothing in these authorities in point of conscience to condemn the Parliaments present resistance, and defensive war, as unlawful. Secondly, they all seem to grant, that the Christians deemed resistance even by force of Arms to be lawful for them, though they used it not; no Text of Scripture prohibiting, but allowing it, and these Fathers producing no one text which truly condemns it; this being the very sum of their words. That though the Christians were exceeding many in number, of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters, and had full liberty and no restraint upon them in point of Conscience either to withstand their persecutors with Arms, or to withdraw themselves from under the jurisdiction of their persecuters into remote parts, to the great weakening and loss of the State: yet such was their patience, innocency, and desire of Martyrdom, that they resisted not their Adversaries with force, nor retired, nor fled away from under their obedience, but cheerfully without the least resistance by word, deed, or thought, yielded up their Bodies, Liberties, Lives, to the cruelties of their Enemies, to obtain that Crown of Martyrdom which they desired, and to offer up themselves a voluntary freewill oblation to the Lord, who would certainly avenge all their wrongs. This is the sum of all these Authorities, which evidence resistance lawful in itself, and to these Christians too in their own judgements and resolutions, though the desire of Martyrdom made them freely to forbear it. These Examples and Authorities therefore abundantly corroborate, and no ways impeach our cause. Thirdly, their examples of not resisting Persecuters, being rather voluntary, then enjoined, out of a longing desire to be Martyrs, and an assurance of divine vengeance to be executed on their Persecuters, is no restraint nor ground at all for other Christians, now not to use any forcible resistance, it being a gross inconsequent to argue: The Primitive Christians voluntarily refused to defend themselves with force of Arms against their Persecuters, though they were not bound in point of Conscience from such resistance, and had both liberty and power to resist. Ergo, Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now: For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves than had, and since enjoy by Gods and Natures Law. Yet this is all the argument which can be ingeniously framed from these Authorities and Examples; the absurdity whereof I shall thus further illustrate from like Precedents: We know, first, That f See Socrat. scholast. Theod. Niceph. Eccles. Hist. Fox Acts and Monuments. Tertul. Apolog. & ad Martyrs Cyprian ad. Martyrei. the primitive Christians, out of a desire of martyrdom, not only refused to resist, but to flee away from their Persecuters, when they might safely do it; some of them holding it unlawful and dishonourable to flee in such a case; by name Tertullian, in his book De fuga in persecutione. Will our Opposites from hence infer: Ergo, it is unlawful for Christians not only to resist, but even to flee from their Persecuters, or his Majesty's murdering, plundering Forces? Or for themselves to flee, not only from the Parliaments Forces, but Justice too, as many of them have done, yea, made escapes against Law to flee therefrom. If the Christians not fleeing, bind neither them, nor us, not to flee now, why should their not resisting only do it? Secondly, g See Fox Acts and Monuments, Vol. 1. passim. The Primitive Christians ran to the stake of martyrdom, when they were neither accused, cited, persecuted by any, freely confessing themselves Christians, and rather desiring presently to die Martyrs, then live Christians, and reputing it worse than death not to be admitted to, or delayed the honour of being Martyrs, of which we have infinite Precedents in Ecclesiastical Histories commonly known and over-tedious to recite. I shall only instance in julian the Apostates h Nazianz. Orat. 47. in I●●● lianum. Christian Soldiers: who being overreached by him under colour of a largesse, to throw some Frankincense into a fire secretly kindled by the Emperor in honour of an Idol, they dreaming of no such thing, and doing it only as a mere complemental Ceremony; as soon as they heard how the Emperor had overreached them, and given out speeches that they had sacrificed to his Idol, presently rising from the feast prepared for them, in a ●ury, inflamed with zeal and wrath, ran through the Market place, and cried out openly, We are Christians, We are Christians in mind; let all men hear it, and above all, God, to whom we both live and will also die. O Christ our Saviour, we have not broken our faith plighted to thee: If our hand hath any way offended, verily our mind followed it not at all; we are circumvented by the Emperor's fraud with whose gold we are wounded. We have put off impiety, we are purged by blood. After which, posting speedily to the Emperor, and casting away their gold, with a generous and strenuous mind they exclaimed against him in this manner. O Emperor, we have not received gifts, but are damned with death. We are not called for our honour, but branded with ignominy. Give this benefit to thy Soldiers, kill and behead us unto Christ, to whose Empire only we are subject. Recompense fire for fire; for those ashes reduce us into ashes. Cut off the hands which we have wickedly stretched out; the feet wherewith we have perniciously run together. Give gold to others, who will not afterwards repent they have received it; Christ is enough, and more than sufficient unto us, whom we account in stead of all. The Emperor enraged with this speech, refused to slay them openly, lest they should be made Martyrs, who as much as in them lay were Martyrs; but only banished them, revenging this their contempt with that punishment. Will it then follow from these memorable examples, That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces (now in Arms to extirpate the Protestant Religion in both Kingdoms) or that the Members of both Houses must go speedily to Oxford to the King and h●s evil Counsellors, and there let them kill, hang, burne, quarter, slay, execute, torture them, subvert Religion, Laws, Liberties, Parliaments, without the least resistance? Or will our Opposites hence conclude (as they may with better Judgement and Conscience d●e) Ergo, all such persons voted Traitors and Delinquents in any kind by both Houses of Parliament, ought now in point of Conscience (to avoid the effusion of blood and ruin of the Realm, through the civil wars they have occasioned) to lay down their Arms, and voluntarily resign up themselves to the impartial Justice of the Parliament, without any the least resistance for the future: If no such Doctrinal, or Practical conclusions may be drawn from these their Precedents of voluntary seeking and rendering themselves up to the Martyrdom of their Opposites; then the unlawfulness of resisting cannot be inferred from this their non-resisting. Thirdly, how many cowardly Soldiers in all ages, and in this too, have voluntarily yielded up Forts, Castles, Ships, Arms, Persons, to their invading approaching enemies without fight or resistance? How many persons have resigned up their Purses to highway thiefs, their Lands to disseisors, their Houses, Goods to riotors, their Ships, Estates, Persons, to Turkish and other Pirates, without any resist●nce, when they might have lawfully and easily preserved them by resisting? Will it therefore follow, that all others must do so? that we must not fight against invading Enemies, Thiefs, Pirates Riotors, because many good Christians out of fear or cowardice, or for other reasons have not done it in all ages? I ●●ow not. Will the Jews refusing t●ree s Ios●ph. Antiq Iu. lib. 12. cap. 13. lib. 13. c. 12. l. 14 c. 8. Dion. Hist. 5●. Stra●o Greg. lib. 16. 1 Mac. 2. Dr. Heylen History of the 〈◊〉, p. 1. cap. 8. or four several times to defend themselves against their insulting enemies on their Sabbath; or the t Francisci ● carthagene Regum. Hisp. Ae●ph. c. 44. Goths not resisting their invading foes on the Lord's Day; or will the Alexandrian Jew's example and speech to Flaccus, Hugo Grotius de jure belli lib. 1. ●ap. 4. Annos ad sect. 7. p. 95. & sect. 7. p 88 89. Inermes sumus ut vides, & tamen sunt qui nos tanquam hostes public●s hic crimina●tur. Etiam ●as quas ad nostri tutelam partes d●dit natura, retrò vertimus ubi nihil habent quod agant, corpora praeb●mus nuda & patentia ad impetum eorum qui nos volunt occid re. Or that example of the Christian x See Grotius ibid. Theban Legion, slain without the least resistance for their Religion: who as an ancient Martyriologer saith, Caed bantur passim g●adi is non reclamantes, sed & d●positis armis cervices persecutoribus vel intectum corpus offerentes: warrant this deduction. Ergo, no Christians now must resist their invading enemies on the Sabbath day, but must offer their naked body's heads, throats, unto their swords and violence? If not, than these examples and authorities will no ways prejudice our present resistance. Fourthly, the Christians not only refused to resist their oppressing Emperors and Magistrates, who proceeded judicially by a kind of Law against them, but even the vulgar people, who assaulted, stoned, slew them in the streets against Law, as Tertullia's words, Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus & incendiis, etc. manifest without all contradiction; and indeed this passage so much insisted on, relates principally, if not only to such assaults of the rude notorious vulgar, which every man will grant the Christians might lawfully with good conscience forcibly resist, because they were no Magistrates nor lawful higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13, 14. Either then our Antagonist must grant, that it is unlawful in point of Conscience forcibly to resist the unlawful assaults and violence of the vulgar or private persons who are no Magistrates: and that it is unlawful now for any Christians to resist Thiefs, Pirates, or bear defensive Arms, as the y Lucas. Osiand. Enc●●. contr cap. 9 Anabaptists (from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive war) and to make the primitive Christians all Anabaptists in this particular: Or else inevitably grant resistance lawful, notwithstanding their examples and these passages of not resisting. The rather, because Tertullian in the next preceding words, puts no difference at all between the Emperor and meanest Subjects in this case; Idem sumus (saith he) Imperatoribus, qui & vicinis nostris malè enim velle, malè facere, malè dicere, malè cogitare de quoquam ex aequo vetamur. Quodcunq●e non licet in Imperatorem id n●c in quenquam. Fifthly, admit the Christians than deemed all forcible resistance of persecuters simply unlawful in point of Conscience, as being a thing quite contrary to Christian profession and Religion; then as it necessarily proves on the one side, That even Christian Kings, Princes, Magistrates, must in no wise forcibly resist the tumultuous Rebellions, Insurrections, and persecutions of their Subjects, because they are Christians as well as Rulers, and in this regard equally obliged with them not to resist with Arms; much less than their Parliaments Forces lawfully raised for the public defence. So on the contrary part it follows not, that therefore resistance is either unlawful in itself, or that the Parliaments present resistance is so. For first, such resistance being no where prohibited (as I have formerly proved) their bare opinion, that it was unlawful to them, cannot make it so to them, or us in point of conscience, since God hath not made or declared it so. Secondly, the primitive Christians held many things unlawful in point of Conscience, which we now hold not so. z De corona Militis. Tertullian and others inform us, That the Christians in his time thought it a heinous sin (N●fas) to pray kneeling on the Lord's day, or between Easter and Whitsuntide (and so by consequence to kneel at the Sacrament) praying always standing on those days in memory of Christ's resurrection. Which custom was ratified also by many a Surius Concil. tom. 1. p. 347. tom. 2. p. 105 2. tom. 3. p. 324. 277. Counsels: Yet than it was lawful no doubt in itself for them to pray kneeling, and we all use the contrary custom now. The Christians than held it unlawful, to eat blood in puddings, or any other meats, as b Apologet. Tertullian, c Octavius. Minucius Felix testify, and many d Concil. Constant. 6. can. 76. Surius tom. 2. p. 1050. Counsels expressly prohibited it since, as unlawful: Yet all Churches at this day deem it lawful, and practise the contrary. The Christians in Tertullia's days, and he himself in a special Book, De fuga in persecutione, held it unlawful to flee in times of persecution, and therefore they voluntarily offered themselves to martyrdom without flight or resistance. Yet we all now hold flying lawful, and all sorts practise it as lawful; yea many more than they ought to do. I might give sundry other instances of like nature: The Christians opinion therefore of the unlawfulness of any armed resistance of Persecuters public or private (held they any such) though seconded with their practice, is no good argument of its unlawfulness, without better evidence, either then, or at this present. Thirdly, the case of the Primitive Christians and ours now is far different; The Emperors, Magistrates, and whole States under which they then lived were all Pagan Idolaters, their Religion quite contrary to the Laws and false Religions settled in those States: There were many e Tertud. Apolog. Eusebius, Socrates, scolasticus, Hist. 1. Laws and Edicts then in force against Christian Religion, unrepealed: most Professors of Religion were of the lowest rank, f Cot. 1. 26, john 7. 48. not many wise, Noble, mighty men, scarce any great Officer, Magistrate, or Senator, was of that profession, but all fierce enemies against it: For Christians, being but private men, and no apparent body of a State, to make any public forcible resistance in defence of Religion against Emperors, Senators, Magistrates, Laws, and the whole State wherein they lived, had neither been prevalent nor expedient; a great hindrance and prejudice to Religion, and as some hold, unlawful. But our present case is far otherwise; our King, Parliament, State, Magistrates, People, are all Christians in external profession, our Protestant Religion established, Popery excluded, banished by sundry public Laws; the Houses of Parliament, and others now resisting, are the whole body of the Realm in representation, and have authority, even by Law, to defend themselves and Religion against invading Popish Forces: In which regards our present resistance is, and may clearly be affirmed lawful, though the primitive Christians, in respect of the former circumstances, might not be so. Secondly, their resistance, (especially of the Magistrates not vulgar rabble) if made, had been only, singly for defence of their Religion then practised but in corners, publicly condemned, no where tolerated: Our present war is not only for defence of our Religion established by Law, and to keep out Popery, but for the preservation of Laws, Liberties, the very essence of Parliaments, the safety of the Realm, and that by authority of Parliament, the representative body of the Realm. The Parliaments defensive war, therefore, upon these politic grounds is just and lawful, though the Primitive Christians, perchance in defence of Religion only, as its case than stood, would not have been so: even as the Roman Senators and States resisting of Nero, or any other Tyrannical Emperor's violations of the Laws, Liberties, Lives, Estates of the Senate, people, were then reputed just and lawful, though the Christians defence of Religion would not have been so esteemed in those times. And thus I hope I have satisfactorily answered this objection without shifts or evasions, and rectified these mistaken Father's meanings, with which our Opposites have seduced the illiterate over-credulous vulgar. I have now (through God's assistance) quite run through all Objections of moment from Scripture, Reason, Fathers, against the lawfulness of the Parliaments present defensive war, and discovered divers gross errors, yea, Impostures in our Opposites writings, wherewith they have perverted many men's Consciences, and cheated the ignorant seduced world: I shall therefore here adjure them in the presence of Almighty God, as they will answer the contrary before his Tribunal at the Day of judgement, seriously to consider these my answers, and publicly to retract those their Errors, false gross misinterpretations, perve●sions of Scriptures, Authors, which I have here discovered. And since they pretend nothing but the satisfying and keeping of a good g Doctor Fern● Resolving of Conscience, An Appeal to thy Conscience, The necessity of Christian subjection, etc. all plead conscience. Conscience in & by others, concerned in this Controversy; to show a sincere ingenuous Conscience therein themselves where they have been mistaken, since the contestation pretended, is not for Victory, Time-serving, or Selfseeking; but for Truth, God's glory, and the public weal: and if I have over-shot myself in any thing, I shall promise them a thankful acknowledgement, and ready paline die upon their information and conviction of any apparent oversights, I may casually fall into. Now because they shall not deem me singular in my opinion concerning the lawfulness of subjects defensive Arms against their Sovereigns, bend to subvert Religion, Laws, Liberties, the Republic, or deem it is a late upstart Novelty, I shall conclude this discourse with such personal, natural and public authorities, as they shall not be able to balance with counter-resolutions; in which I shall be as brief as I may be. For personal Authorities, I shall not be ambitious to remember many, especially Papists, whose common, constant received opinion, and practice hath always been and yet is, h See part. 〈◊〉 1. p. 4. 6. That Subjects upon the Pope's command alone, and absolution of them from their Sovereign's allegiance, may and aught to take up even offensive Arms against their own natural Princes excommunicated, interdicted, deposed, or only declared contumacious, Schismatical or Heretical by the Pope, without, yea, against their Kingdoms, Parliaments privities or consents, much more than with their approbation. What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa. 15. Quaest 6. and Causa. 23. in the very Oath of Supremacy, and Statut, of 3. jacobi, ch. 4. which prescribes it, in Bishop jewels view of a seditious Bull, in Doctor john W●ite his Defence of the way, Chap. 6. & 10. in Abbas Vsper ge●sis, Sabellicus, Valateranus, Grimston and others, in the Lives of the Roman and Germane Emperors; in Aventine his Annalium Boyorum, the General and Particular Histories of France, Sparn, Germany, Italy, Sicily, Hungary, England; in Bishp bilson's third part of the True Difference between Christian Subjection and unchristian Rebellion. In sundry Sermons on the fifth of November, to which I shall refer you: In Pope Paschal his letter to Robert Earl of Flanders, about the year of our Lord, 1107. * Bochellus Decret. Eccl. Gal. ●▪ 5. Tit. 5. c. 8. p. 75●. exorting him to war against those of Liege, Henry the Emperor and his Assistants, wheresoever he should find them, excommunicated and deposed as an Heretic and enemy to the Church; telling him, that he could not offer a more grateful sacrifice to God, then to ware against them; concluding, Hoc tibi & Militibus tuis in peccatorum remissionem, & Apostolicae sedis familiaritatem praecipimus, ut his laboribus, & triumphis ad Coelestem Jerusalem, Domino praestante, pervenias: Which Let ere was excellently answered by those of Liege. And in the * Bochellus Decret. Eccles. Gall. l 5. Tit. 5● c. 5. p▪ 757, 758. Nich. giles▪ Annals of France. Council of Towers in France, under Lewes the twelfth, Anno 1510. it was unanimously resolved by the Church of France, That if the Pope did make war upon temporal Princes, in lands which they held not of the patrimony of the Church, they might lawfully by force of Arms resist and defend both themselves and others; & not only repulse this injury, but likewise invade the lands of the Church, possessed by the Pope their notorious enemy, not perpetually to retain, but to hinder the Pope from becoming more strong and potent by them, to offend both them and theirs. And that it was lawful for such Princes, for such notorious hatred and unjust invasion to withdraw themselves from the Pope's obedience, and with armed force to resist all censures denounced by the Pope against them, their subjects and Confederates, and that such sentences ought not to be obeyed, but are mear nullities in law, which oblige no man. Yet I must inform you further in brief, that john Mayor a Popish Schoolman in Lib. 4. Sentent. (as Grotius writes) affirms. That the people cannot deprive themselves of the power, not only of resisting, but deposing Kings in cases which directly tend to their destruction; and that * De Potest Papae in Principes Christ. l. 4. c. 16. john Barclay, a late Scottish Priest, though a strenuous defender of Prince's Prerogatives, expressly avers, That if a King will alienate and subject his Kingdom to another, without his subject's ●onsents, or be carried with atr●e hostile mind, to the destruction of all his people, that his Kingdom is thereby actually lost and forfeited, so as the people may not only absolutely resist, and disobey, but depose him, and elect another King: to which k De lure Belli. l. 1. c. 4. sect. 10, 11. p. 89 98. Hugo Gortius a Protestant, freely subscribes; and john Bodin●● ●oweth of Subject's resistance, yea, deposing kings, in some Kingdoms absolutely, and in some cases generally in all; De Repub. l. 1. c. 10. l. 1. c. 5 & l. 5. c. 5. & 6. For Protestant personal authorities: we have Huldericus Zuinglius, Explanatio Articuli, 40, 41, 42, 43. Tom. 1. fol. 82. to 86. who allows not only Subjects actual resistance, but deprivation of Kings, Where Princes set themselves to subvert Religion, Laws, Liberties; and that by the common consent of the States in Parliament, from whom Kings originally receive their Royal power and authority. Martin Luther, Bugenhagius, justus jonas, Ambsdorfius, Sp●lotinus, Melancthon, Cruciger, and other Divines, Lawyers, Statesmen, Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases; Sleidan. Hist. lib. 8. 18, 22. David Chrytraeus, Chron. Saxoniae, l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto, p. 231. 232. 225 227, etc. A book entitled, De jure Belli Belgici, Hagae, 1599 purposely justifying the lawfulness of the Low-countries defensive war. Emanuel Meteranus Historia Belgica, Praefat. & lib. 1. to 17. David Par●us, Com. in Rom. 13. Dub. 8. And. Quaest Theolog. 61. Edward Grimston his General History of the Netherlands, l. 5. to 17. passim. Hugo Grotius de jure Belli & Pacis, lib. 1. cap. 4. with sundry other foreign Protestant * Calvin Instit. l. 4. c. 20. sect 31. & in Dan▪ 6. v. 22. 25. Osiander in Epit. Centur. 9 & 17. Sharpii Sympho. p. 244. 246, 412. Vindicae contra. Cyannos. writers, both in Germany, France, Bohemia, the Netherlands and elsewhere; Ioh● Knokes his Appellation, p. 28. to 31. George Bucanon De jure Regni apud Scotos, with many * See the ungarding of the Scottish Armour, p. 432. 34●●. Scottish Pamphlets justifying their late wars: joh. Ponet once B. of Winchester, his Book entitled, Politic Govern. p. 16. to 51. Alber. Gentilis de jur, Belli, l. 1. c. 25. l. 3. c. 9 22. M. Goodman's Book in Q. Ma. days, entitled, How superior Magistrates ought to be obeyed, c. 9 13. 14. 16. D. A. Willet his Sixfold Commentary on Romans 13. Quaestion. 16. & Controversy, 3. p. 588 589, 590, 608, etc. * Andin. l. jud. 34, 55. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers, common in every man's hands, justifying the ●a●ulnesse of the present defensive War, whose Names I spare. And lest any should think that none but Puritans have maintained this opinion, K. james himself in his Answer to Card. Perron, justifieth the French Protestant taking up Defensive Arms in France. And l The true Difference, etc. part. ●. p. 520, 521, 5. 2. Bish. Bilson (a fierce Antipuritane) not only defends the Lawfulness of the Protestants defensive Arms against their Sovereigns in Germany, Flaunders, Scotland, France; but likewise dogmatically determines in these words; Neither will I rashly pronounce all that resist to be Rebels; Cases may fall out even in Christian Kingdoms, where the people may plead their right against the Prince, AND NOT BE CHARGED WITH REBELLION, As where for example? If a Prince should go about to subject his People to a foreign Realm, or change the form of the Commonwealth from Empery to Tyranny, or neglect the Laws established by Common consent of Prince and people, to execute his own pleasure. In these and other cases which might be named, IF THE NOBILITY AND COMMONS JOIN TOGETHER TO DEFEND THEIR ANCIENT AND ACCUSTOMED LIBERTY, REGIMENT AND LAWS, THEY MAY NOT WELL BE COUNTED REBELS. I never denied, but that the People might preserve the foundation, freedom, and form of the Commonwealth, which they fore prised when they first consented to have a King: As I said then, so I say now, The Law of God giveth no man leave; but I never said, that Kingdoms and Commonwealths might not proportion their States, as they thought best, by their public Laws, which afterward the Princes themselves may not violate. By superior Powers ordained of God, (Rom. 13.) w● understand not only Princes, BUT ALL POLITIC STATES AND REGIMENTS; somewhere the People, somewhere the Nobles, having the same interest to the sword, that Princes have to their Kingdoms, and in Kingdoms where Princes bear rule by the sword; we do not mean THE PRIVATE PRINCE'S WILL AGAINST HIS LAWS, BUT HIS PRECEPT DERIVED FROM HIS LAW, AND AGREEING WITH HIS LAW: Which though it be wicked, yet may it not be resisted of any subject, (when derived from, and agreeing with the Laws) with armed violence. Marry, when Princes offer their Subjects not justice but force, and despise all Laws to practise their lusts, not every, nor any private man may take the sword to redress the Prince; but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rig●●, and withhold him from doing wrong, THAN BE THEY LICENCED BY MAN'S LAW, AND NOT PROHIBITED BY GOD'S, to interpose themselves for safeguard of equity and innocency, and by all lawful AND NEEDFUL MEANS TO PROCURE THE PRINCE TO BE REFORM, but in no case deprived where the Sceptre is Hereditary. So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth, point-blank against our Novel Court-Doctors, and Royalists. But that which sways most with me, is not the opinions of private men, biased ofttimes with private sinister ends which corrupt their judgements, (as I dare say most of our Opposites in this controversy have writ to flatter Princes, to gain or retain promotions, etc.) But the general universal opinion and practice of all Kingdoms, Nations in the world from time to time. Never was there any State or Kingdom under heaven from the beginning of the world till now, that held or resolved it to be unlawful in point of Law or Conscience, to resist with force of Arms the Tyranny of their Emperors, Kings, Princes, especially when they openly made war, or exercised violence against them, to subvert their Religion, Laws, Liberties, State, Government. If ever there were any Kingdom, State, People of this opinion, or which forbore to take up Arms against their Tyrannous Princes in such cases, even for conscience sake, I desire our Antagonists to name them; for though I have diligently searched, inquired after such, I could never yet find or hear of them in the world; but on the contrary, I find all Nations, States, Kingdoms whatsoever, whether Pagan or Christian, Protestant or Popish, ancient or modern, unanimously concurring both in judgement and constant practice, that forcible resistance in such cases is both just, lawful, necessary, yea, a duty to be undertaken by the general consent of the whole Kingdom, State, Nation, though with the effusion of much blood, and hazard of many men's lives. This was the constant practice of the Romans, Grecians, Goths, Moors, Indians, Egyptians, Vandals, Spaniards, French, Britain's, Saxons, Italians, English, Scots, Bohemians, Polonians, Hungarians, Danes, Swedes, jews, Flemmins, and other Nations in former and late ages, against their Tyrannical oppressing Emperors, Kings, Princes, together with the late defensive Wars of the protestants in Germany, Bohemia, France, Swethland, the low-countries, Scotland, and elsewhere, against their Princes, (approved by Queen Elizabeth, king james, and our present king Charles. who assisted the French, Bohemians, Dutch, and German Protestant Princes in those Wars, with the unanimous consent of their Parliaments, Clergy, people) abundantly evidence beyond all contradiction; which I have more particularly manifested at large in my Appendix, and therefore shall not enlarge myself further in it here: only I shall acquaint you with the●e five Particulars. First, that in the m Sl●idan. 8. 18. 22. Bish. bilson's Difference, etc. part. 3. p 518. Chytraeus Chron. Sax. l. 13. p. 376, etc. Germans Defensive Wars for Religion, in Luther's days, the Duke of Saxony, the Lantzgrave of Hesse, the Magistrates of Magd●burge, together with other Protestant Princes, States, Lawyers, Cities, Counsellors and Ministers, after serious consultation, concluded and resolved, That the Laws of the Empire permitted resistance of the Emperor to the Princes and Subjects in some cases, that defence of Religion and Liberties then invaded, was one of these cases; that the times were then so dangerous, that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS, and to make a League to defend themselves, THOUGH CAESAR OR ANY IN HIS NAME WOULD MAKE WAR AGAINST THEM; That if the Emperor had kept his bonds and Covenants▪ they would have done their duties; but because he began first to make the breach, the fault is his: For since he attempteth to root out Religion, and subvert our Liberty, he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE; The matter standing as it doth, we may resist him, as may be showed by Sacred and profane Stories. unjust violence is not God's Ordinance, neither are we bound to him by any other reason, then if he keep the conditions on which he was created Emperor. BY THE LAWS THE MSELVES IT IS PROVIDED, that the inferior Magistrate shall not infringe the right of the Superior: and so likewise if the superior Magistrate exceed the limits of his power, and command that which is wicked, not only we need not obey him, BUT. IF HE OFFER FORCE WE MAY RESIST HIM. So they in point of Law and Conscience then publicly resolved. Secondly, that the n Gen. Hist. of France p 682, 683 The Appendix, p 34, 35. 44. 45. French Protestants, and others, in the reign of King Fran●is the second, Anno 1359. being much oppressed by the Guisian faction, who had got the K. into their power, and wholly swayed him (as his Maj. ill Councillors sway him now) thereupon assembling together to consult of some just defence, to preserve the just and ancient government of the Realm. They demanded advice TOUCHING LAW AND CONSCIENCE, OF MANY LEARNED LAWYERS AND DIVINES; who resolved, THAT THEY MIGHT LAWFULLY oppose themselves against the Government which the House of Guise had usurped, and AT NEED TAKE ARMS TO REPULSE THEIR VIOLENCE; so as the Princes, who in this case are born Magistrates, or some one of them would undertake it, being ordered by the States of the Realm, or by the sounder part of them. o Dino●hus Hist Gal, l. 40 p. 227. That defence of Religion and Liberties against violence and oppression were just causes of War; Et quod pia arma ea sint, ultra quae nulla restat spesvitae nec salutis. A like resolution and determination was mad● by the chief Dukes, Peers, Nobles, and Officers of France, Anno 1614 which you may read in the Appendix. Thirdly, that the p Fox Acts & Mon Vol. 2. Edit. ult. p. 201. 209, 213, 214. Angrognians and Waldensian Protestants of Lucerne and Piedment in the year 1558. to 1561. being persecuted by the Lord of Trinity and their Popish Sovereigns, assembling solemnly together to consult how to prevent the great dangers then at hand, after long prayer and calling upon God for his grace and Spirit of direction and Counsel, well to manage their weighty affairs, and to preserve themselves and the Protestant Religion professed by them, concluded in the end, to enter into a solemn mutuali Covenant, and to join in a League together for defence of themselves and their Religion; whereupon they all promised by God's grace and assistance, to maintain the pure preaching of the Gospel and administration of the Sacraments, and one to aid and assist the other, etc. which they did with good success, obtaining many glorious victories against invading persecuting enemies. The like did q Fox Acts & Mon Vol. 1. Ed. ult. p. 848. to 852. Pontaus Bohemiae piae, lib. 1. Zis●a, the Thaborites and Bohemians heretofore, and of r Grimstons' Imperial Hist. p. 655, 730. to 740. 746. to 806 sparsim. later times; as the Maginall Authors largely relate, resolving it just and lawful for them in Law and Conscience, to defend themselves and their Religion by force of Arms against their persecuting Sovereigns. Fourthly, that the s Erman. Meteranus, Hist. Bel●ica, Grimst. Gen. Hist. of the Netherlands. netherlands Provinces, being oppressed in their Bodies, Estates, by the Duke of Alva and Spaniards Tyranny, and in their Religion and Consciences, by the introduced Inquisition to extirpate Religion; did after serious deliberation, and consultation with learned men of all sorts, unanimously conclude and enter into a solemn Covenant to defend their Libities, Religion, Laws, by force of Arms, against the Spanish Tyranny; as you may read at large in their Histories. And in the year 1572. The Prince of Orange and his Confederates having levied a goodly Army to relieve Mons besieged by the Duke of Alva, caused this notable * Grimstons' Gen. Hist. of the Netherlands, l 9 p. 369, 370. Protestation to be printed and published to the World, as well in his own name, as in his Confederates, giving a reason of the Arms which he had taken up, as followeth. We William by the Grace of God, Prince of Orange, Earl of Nassau, etc. To all Noblemen, Knights, Gentlemen, and others, of what quality soever of these Netherlands which desire the Liberty thereof, being miserably tyrannised and oppressed by the Duke of Alva, the Spaniards, and other their friends, TRAITORS AND MURDERERS OF THEIR OWN COUNTRY, We declare that every one of us, for a particular love and zeal he bears unto his Country, and for the glory of God, which we desire above all, have often sought by all means the good and quiet of the Country, as well by Petitions and other mild means▪ as by force of Arms, thinking to draw those that were as we are, to do the like, sometimes by sighs and prayers unto God, having had patience until that it should please him to mollify the hearts of the said Tyrants; but in the end solicited and called generally and particularly by the inhabitants of the said Country, by reason of the inhumanities' and oppressions; We have in the Name of God (ACCORDING TO OUR CONSCIENCES) TAKEN ARMS; protesting before God and his Angels, and before all Men present and to come, that we have not been moved hereunto by any private passion, but with an ardent desire which we have to oppose ourselves against this more than barbarous and unsupportable tyranny, to the Proclamations, Edicts, taxes, Imposts and charges of the hundreth, thirtieth, twentieth and tenth penny imposed by the in satiable covetousness of the Duke of Alva, against the Law's Liberties, Freedoms, and ancient Privileges of the said country; which Laws, Liberties, freedoms and ancient privileges, we mean (by the grace of God) to restore unto the said country, holding it under the obedience of their Prince and nature all Lord, as we are bound to do: affirming and maintaining, that * Si Princeps ●yrannus est, iure Naturali reliquis omnibus mundi Principi●us incumbit illi populo Tyrannidem patienti opem & auxilium far; hominum egregiorum virorum ●aec est vera laus, de●us & honour. Vasquius Contro I●l. 36. 〈◊〉 36. all Princes and Noblemen, Gentlemen, Commonweals, or others, of what quality 〈◊〉 be they strangers or homebred, that have been moved to give us 〈◊〉 or 〈◊〉 IN THIS SO JUST AN ENTERPRISE, have not done it for any other● 〈◊〉 but for true piety and compassion which they have with us of the said 〈◊〉 and calamities: Wherefore we pray and entreat every one, both in general 〈◊〉 particular, to assure themselves, that we intent not to do wrong to any man, nor to attempt upon the good estates or honour of any of what quality soever, were he of the clergy, but are ready to aid and assist every one freely and willingly; as for his liberty EVERY ONE IS BOND TO SUCCOUR US BY ALL DUE AND POSSIBLE MEANS. In the mean time we will give order, that God and the country may be served, in procuring the preservation of the people, and the defence of their houses, wives, and children: Praying to God, that he would favour and bring to a good end SO HOLY AND NECESSARY AN ENTERPRISE. This their defensive War, yet continuing, hath been justified by many, and in special maintained to be just and honourable BOTH IN LAW AND CONSCIENCE in a particular Book De jure Belli Belgici, printed at the Hague with the State's approbation, 1599 to which I shall refer you. Fifthly, (which comes nearest to our present case of any story I have met with) Alphonso the 3. r Hyeronimus Blanca ●●agonens. Rerum Comment. p. 661. 662. 〈◊〉 p. 652. king of Arragon, in the year 1286, through the ill advice of some bad Counsellors and Courtiers about him, departed in discontent from the Parliament of the Estates of Arragon then assembled at Saragossa, and posted to Osca, because the Parliament took upon them to make Laws to reform and order his Court, his Courtiers, which he denied, but they affirmed, they had justright and power to do. Hereupon, the business being put unto geeater difficulty; the Estates affirmed. A Comitiis intempestive discedere Regi NEFAS ESSE, That IT WAS A WICKED ACT, FOR THE KING THUS UNSEASONABLY TO DEPART FROM THE PARLIAMENT, NEITHER WAS SO GREAT A BREACH OF THEIR PRIVILEGES AND RIGHTS TO BE PATIENTLY ENDURED: Whereupon they presently raised up the Name and FORCES OF THE UNION or Association (formerly made and entered into between the Nobility, Cities, and people, mutually to aid and assist one another to preserve the Peace and Liberties of the Realm, even with force of Arms) IT BEING LAWFUL for the common cause of Liberty; Non Verbis solum. SED ARMIS QVOQVE CONTENDERE, not only TO CONTEND with words, BUT ALSO WITH ARMS. Upon this, king Alphonso desirous to prevent the mischiefs then present and incumbent, by advice of his Privy Counsel, published certain good Edicts at Osca for regulating his Court, Counsel, judges, Officers; by which he thought to have ended all this Controversy, but because they were promulged only by the Kings own Edict, not by the whole Parliament as binding Laws, they still proceeded in the Union; till at last, after various events of things, this King returning to the General Assembly, and Parliament of the Estates at Saragossa, in the year 1287. condescended to their desires, and confirmed the two memorable privileges of the Union, with the Sovereign power of the justice of Arragon, which could control their very Kings: Of which see more in the Appendix. I shall close up this of the lawfulness of a necessary defensive war, with the speech of the Emperor Alexander Severus, recorded by s Quoted by Grotius de jure Belli 2. c. 1. Annot. ad sect. 14. p. 11. Herodian, l. 5. He who first infers injuries hath no probable colour; but he that repulseth those who are troublesome to him; EX BONA CONSCENTIA sumit fid●c●am; assumes confidence FROM A GOOD CONSCIENCE, and good hope of success is present with him from hence, that he offers not injury, but removes it. Thus have I now at last waded thorough this weighty controversy, of the lawfulness both in point of Law and Conscience, of the Parliaments present, and all other subjects necessary Defensive Wars against their Sovereigns, who invade their laws liberties, Religion, Government, to subvert them, by open force of Arms: in which I have freely and impartially discharged my conscience, not out of any turbulent, seditious, or disloyal intention, to foment or perpetuate the present, or raise any future destructive, unnatural wars between king, Parliament, and People, or to countenance, to encourage any tumultuous, rebellious, factious, ambitious, traitorous spirits to mutiny or rebel against their Sovereigns for private injuries, or upon any false unwarrantable ends or pretences whatsoever; (let Gods curse and men's for ever rest upon all those, who are in love with any war, especially a Civil, within their own dearest Countries bowels; or dare abuse my loyal sincere Lucubrations to any disloyal sinister designs, to the prejudice of their Sovereigns, or the States wherein they live:) but only out of a cordial desire to effect such a speedy, honourable, safe, religious, sempiternal peace between king and Parliament, as all true Christian English hearts both cordially pray, long for, and endeavour, by informing his seduced Majesty, his evil Counselors, his Popish Malignant Forces, that if they will still proceed unnaturally and treacherously to make war against their Native Country, Religion, Laws, Liberties, and the Parliament, (which to do I have t Part. 1. E●. 2. p. 108. to 112. elsewhere manifested to be no less than high Treason, Rebellion, against both King and Kingdom) they may in point of conscience and Law too, be justly opposed, resisted, repulsed, even by force of Arms, without any guilt of Treason, Rebellion, or fear of temporal or eternal condemnation, as public Enemies, Rebels, Traitors to the Realm, whateve●er they have hitherto been informed of to the contrary by temporising Lawyers, or flattering illiterate Court Divines; and by assuring all such noble generous public spirits, who shall willingly adventure their lives or fortunes by the Parliaments command, in the present necessary defensive war, for the ends pr●mised; that for this good service they shall neither in the Courts of Law. nor Conscience, incur the least stain, or guilt of Treason, Rebellion, sedition, or any such like odious crime, much less eternal condemnation; the panic fear whereof, frequently denounced against them by many sottish Malignants, Royalists, ill-instructed Lawyers and Theologasters, hath frighted, kept back, and withdrawn multitudes from, yea cooled, corrupted many in this honourable public duty, service, which they now owe of Right to God and their Country; in which to be treacherous, perfidious, slothful, negligent, cold, uncordiall, or timorous (as too many hitherto have been, to the greater honour of those who have been faithful, active, Valiant, and sincere) especially now after so many late horrid treacheries most happily discovered and a new Covenant solemnly entered into, demerits a perpetual brand of infamy and reproach. To die fight for one's dearest bleeding, dying Country, hath in all ages been honoured with a Crown of Martyrdom; to live or die fight against it hath ever deserved the most capital censures, ignominies, and heaviest execrations. Let both sides therefore now seriously ponder and lay all the premises close to their souls, consciences; and then I doubt not through God's blessing, but a happy peace will speedily thereon ensue x Isay 2. 4. Nation shall not lift up sword against Nation, Country against Country, Englishman against Englishman, Brother against brother any more, as now they do, neither shall they learn such an unnatural cursed kind of Civil War any more, but beat their swords into Ploughshares, and their spears into pruning ●ooks; and y Rom. 16. 16. 1. 1 Thess. 5. 26. 1 Pet. 5. 14. greet one another with a kiss of holy peace and charity: Which desired end and issue of these present bloody wars God in his mercy hasten and accomplish, to the joy of all our Souls. I should now, according to former engagements, proceed to other remaining particulars; but because this part hath already far exceeded its intended bounds, out of a desire to give full satisfaction in a point of highest present, and future concernment every way; I shall reserve the residue, with the Appendix, for another distinct part; with which I shall conclude my Meditations and Collections of this subject, without any further Additions, if God say Amen. Finis Partis tertiae. Errata in some Copies. PAg. 100 l. 8. to. by. p. 101. l. 32. Omri, Zimri. l. 40. ludah, Israel. p. 115. l. 12. that. p. 127. l. 36. of their. p. 128. l. 31. hence. p 136. l. 8. not a Bishop; a Bishop, not a Layman. p. 14. l. 17. deal as: p. 15. 1. 16. brevis. p. 26. l. 1. assistants. p. 94. l. 22. offer to, r. ask of. p. 17. 1. l. 8 no man should long. p. 105. l. ●2. ●ipodes. p. 106. l. 2. Rulers, l. 34. irresistance. p. 107. l. 3. by the. p. 121. l. 16. Emperors. l. 36. Emperor. THE FOURTH PART OF THE SOVEREIGN POWER OF PARLIAMENTS and KINGDOMS. Wherein the Parliaments Right and Interest in ordering the Militia, Forts▪ Ships, Magazines, and great Offices of the Realm, is manifested by some fresh Records in way of Supplement: The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity, without the King's assent, (when wilfully denied) for the necessary defence and preservation of the Kingdom; and their imprisoning, confining of Malignant dangerous persons in times of public danger, for the common safety▪ are vindicated from all Calumnies, and proved just. Together with an APPENDIX; Manifesting by sundry Histories and Foreign Authorities, that in the ancient Kingdom of Rome; the Roman, Greek, Germane Empires; the old, the present Grecian, Indian, Egyptian, French, Spanish, Gothish, Italian, Hungarian, Polmian, Bohemian, Danish, Swedish, Sc●ttish, with other Foreign Kingdoms; yea in the Kingdoms of judah, Israel, and other Gentile Royalties, mentioned in Scripture; the Supreme Sovereign Power resided not in the Emperors, or Kings themselves, but in the whole Kingdom, Senate, Parliament, State, People, who had not only Authority to restrain, resist, yea call their Emperors, and Kings to an account, but likewise, when they saw just cause, to censure, suspend, deprive them for their Tyranny, vice●▪ misgovernment; and sometimes capitally to proceed against them. With a brief Answer to the contrary Objections; and ten material Observations, confirming all the Premises. By WILLIAM PRYNNE, Utter-Barrester, of Lincoln's Inn. Ola●s Magnus l. 8. c. 32. De Iniquis, Consiliariis, etc. 33. Iniqui Consilia●● aiunt, Regem nihil injuste facere p●sse, quip omnia 〈…〉 ipsos. Tantum●● 〈◊〉 esse proprium, quantum Regis Benignitas ei non ●●lemeirt, etc. 〈…〉 Principes, his & similibus consiliis & consiliariis, facti sunt eaules, miseri, infames, & inhabile, inse & p●●eritate sua, amplius gubernandi. Principisitaque Officium est, ut non se●us curet subdi●os, quam fidelis Pastor 〈…〉 conservet. It is this tenth day of july, Ordered by the Committee of the House of Commons concerning Printing, that this Book Entitled The fourth Part of the Sovereign power of Parliaments and Kingdoms, etc. be Printed by Michael Spark signior. john White. Printed at London for Michael Spark Senior. 1643. To the READER. Courteous Reader, I Here present thee with the last Part, of The Sovereign Power of Parliaments and Kingdoms, and An Appendix in pursuance of it; abundantly manifesting, from the very fundamental Constitutions, L●●●es, Customs, Resolutions, Remonstrances, Oaths, Inaugurations▪ Elections, Ceremonies, Histories, public Transactions, Treaties, Agreements, Wars, of Foreign Empires, Emperors, Realms, Kings, States, Senates, Diets, Parliaments, in all Ages, and the most judicious foreign Authors of all sorts; That whole Kingdoms, Parliaments, Senates, States, Nations collectively considered, have ever constantly enjoyed in all Ages, Nations▪ the most Sovereign Jurisdiction, and Authority, and been Paramount their Kings and Emperors, who were and are subordinate, accountable for their actions to them; and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors, Theologasters, Lawyers, Statists, who, without any shadow of Truth or Reason, audaciously aver the contrary, not so much to flatter or seduce their Princes, as to advance themselves; against whom the contrary constant practice and resolutions of most lawful Kingdoms, that either are or have been in the world from Adam's days till now, shall unanimously rise in judgement, and pass a most Catholic irreversible sentence on them, for their notorious flatteries and Impostures. For mine own particular, as I have always been, and ever shall be an honourer, a defender of Kings and Monarchy (the best of Government, whiles it keeps within the bounds which Law and Conscience have prescribed;) So, I shall never degenerate so far beneath the duty of a Man, a Lawyer, a Scholar, a Christian, as to misinform, or flatter either; nor yet (out of any popular vainglory) court either Parliaments or People, to the prejudice of Kings just Royalties; but carry such an equal hand between them, as shall do right to both, injury to neither; and preserve, support their just, Legal several Sovereignty's, jurisdictions, Rights, within their proper limits, without tyrannical invasions, or seditious encroachments, upon one another, to their mutual and the republics prejudice. It fares with Regal and Popular Powers, usually, as with Seas and mighty Rivers, if they violently break down, or swellingly overflow their fixed banks, they presently cause an Inundation, and in stead of watering, surround, and drown the Countries round about th●m, for a season, (sometimes for sundry years) ere they can be perfectly drained, and their banks repaired, to confine them to their ancient proper Channels,; of which we have present sad experience, written in Capital red Bloody Letters, throughout the Realm. To redress, prevent which overflowing mischief for the future, I have without fear or flattery of any bumane Power, or party whatsoever, by Public Authority divulged this last, and the three preceding Parts of this Discourse: together with the Appendix, (all hastily collected, and more confusedly compacted through went of time, and sundry interrupting Avocations, than I desired) wherein I have impartially, according to my ●udgement, conscience, defended nought, but ancient, undoubted, universal Truths of real State-Policy, and true Theology, (almost forgotten in the world, yea cried, Preached, Printed down for erroneous, seditious Paradoxes, if not Treasons, by Sycophants and Malignants in these later ages;) out of a cordial affection as much as in me lieth, to restore and settle the weal, tranquillity, and safety of my bleeding, dying Country, now miserably distracted, wasted, consumed every where: (through the long fore plotted conspiracies of Romish Priests and Jesuits, to subvert the Protestant Religion and our Realms) upon a pretended quarrel unhappily raised by them, between the two mu●h mistaken Grand Sovereign Jurisdictions, of King and Parliament, Crown and Kingdom, now miserably clashing one against the other, through ignorance and mistakes, and trying their Titles in the open field BY BATTLE, in stead of Law; by the Sword of the Soldier, not of the Spirit, the only proper peaceable judges in these Quarrels, by which alone they can and must be finally resolved, settled; else neither King nor kingdom, can be ever quiet, or secure from dangers, and Commotions. I dare not presume to arrogate to myself, a Spirit of in ●errability in the grand Controversies here debated, wherein I have traveled in no beaten common road; No doubt * See the 21. Article of the Church of England, & Rogers ibidem. General, national Counsels, Parliaments, Popes, Kings, Counsellors, Statesmen, Lawyers, Divines, all sorts of men, both may, and usually do err from Truth, (especially in Questions which concern their own jurisdictions, Honours, Profits;) and so may I. But this I dare with safe conscience protest to all the world, that I have not willingly erred in any particular; and if I have casually failed in any thing, out of humane frailty, I shall (upon better information) acknowledge and retract it. In the mean time, I trust, I have here sufficiently discovered, refuted, many common impostures and erroneous gross mistakes in Law, Policy, Divinity, Antiquity; which have in later ages been generally received as indubitable verities, by most men; yea professedly defended by sundry injudicious Lawyers, and ignorant Divines (though perchance reputed learned, solid in their own, and others opinions) who never took the pains to dive into the true original fundamental creations, institutions, public Laws, Reasons, Policies, jurisdictions, compositions, Rights, Customs, Histories of Kings, Kingdoms, Parliaments, States, Magistrates, People; the ignorance whereof, hath made them confidently vent many grand absurdities, and untruths, to the prejudice, embroiling, and almost utter ruin of divers Kings and States; which now, I hope, they will ingenuously acknowledge and recant with real grief and shame, that they have so grossly cheated, seduced Kings, Kingdoms, People, and oft times stirred up civil wars, to maintain their idle lies, crazy fictions, as just Royal Rights, and indubitable Prerogatives, when as they are nothing less. I shall not beg any man's belief, of any Truth here newly discovered, further than his own judgement & conscience, upon serious consideration, shall convince him of it; and himself discern it fully ratified by substantial precedents and Authorities in the body and close of the Treatise & Appendix: Only this I shall request of every Reader, to peruse over all the Parts of this Discourse with a cordial Love of Truth and Peace; and when he is convinced what is Truth, then to live and die in Paul's resolution, 2 Cor. 13. 8. We can do nothing against the Truth, but for the Truth. It was our Saviour's own reply to Pilate, John 18. 37. For this end was I borne, and for this cause came I into the world, THAT I SHOULD BEAR WITNESS UNTO THE TRUTH; O then let it now be every one's end, and practice too; since it is the * Joh. 8. 32. Truth (and nothing else) that shall make (and keep) us free: Free, from Errors, Troubles, Tumults, Wars; Slavery, Tyranny, Treachery, Popery, dangers, fears: Wherefore, * Zech. 6▪ 19 love the Truth and Peace, and then through God's mercy we shall speedily regain, retain them both. Farewell. THE Fourth Part of the Sovereign POWER of PARLIAMENTS and KINGDOMS. The Parliaments Interest in the Militia, Forts, Navy, & Officers of the Kingdom. IN the preceding Parts of this Discourse, I have with as much perspicuity and sincerity as I could, waded through those deep and weighty differences of greatest importance, which have lately (to our great unhappiness) I know not by what * Judge ●9. 23. evil spirits solicitation, unexpectedly risen up by insensible degrees, between the King's Majesty, and the present Parliament; (whose primitive sweet agreement, made us not so happy, as their subsequent Divisions in place, affection, opinion, have rendered the whole three Kingdoms miserable,) in point of Royal Prerogatives only, which I have dispatched: I should now proceed to other Controversies between them, principally concerning the Subject's Liberties; But before I pass to those particulars; I shall present you with some few Records of special note (casually omitted in their proper place, through overmuch haste, and want of time) which will very much clear the Parliaments just right, and ancient Jurisdiction In ordering the Militia of the Realm, by Sea and Land; in disposing the Ships, the Forts of the Realm for the public safety in times of danger; in concluding matters of War and Peace; in placing and displacing the great Officers, the Privy Counsellors of the Kingdom; yea regulating the Kings own household, and menial servants oft times; when there was occasion; which may serve as a supplement to the second part. It it the determination of Henricus Rauzovius, a Noble Dane, a great Statesman and Soldier in his Commentarius Bellicus, Dedicated to Christian the fourth, King of Denmark, Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes, rightly and lawfully constituted, are obliged by their paction entered into before their Inauguration, a Plato lege hoc-sanxit, li 12 de Ll. Si quis privatim sine publico s cito, pacem beslumve fecerit, capitale esto. Not to begin or move any War without the consent of all the Estates and Nobles. Thus in my hearing, Philip King of Spain, when he demanded and took an Oath from his Subjects in the Netherlands, promised by a mutual Oath to the Estates, That he would make no war in those parts without their privi●y. The same also (most Noble King) is received and observed not only in your Kingdoms and 〈◊〉, but likewise is in use almost in all Europe. Therefore Frederick your Father of most famous memory, knowing himself to be bound hereunto by compact, before he would be involved in the Swedish War, communicating the whole business faithfully to his people, as well to the Senators of the Realm, as to the Nobles of the Dukedoms, maturely advised with them about the manner of waging it. Wherefore, lest the War which is undertaken be accused as unjust by the States, because it was undertaken without their advice, contrary to custom and agreements, all aught to be assumed into the Counsel and care of War. For thus it will come to pass, besides, that things very well thought on and deliberated by many, have for the most part better successes, than those things which are rashly begun by some one; that the Subjects, who not unwillingly bring their estates and lives into danger, will less fear the loss of both, will fight more valiantly, and will put forth all their strength in prosecuting and ending the combat of war, even for this reason, that themselves have been the advisers of the war. Upon this reason, not only the Kings of the jews, Arragon, France, Nav●re, and others, (as I have manifested in the b Page 141. 22, 23, 95 72. and elsewhere. Appendix) but even of this our Realm, have usually undertaken all their wars, and ordered all their Military affairs, both by Sea and Land, by the advice and direction of their Parliaments, as the Grand Council of War, both for King and Kingdom. This I have plentifully manifested in * Part 2. & 3. the premises, by sundry examples, and shall here only briefly ratify with some few new Precedents. In the first Parliament of 13 Ed. 3. after Proclamation made, Num. 2. That none should come armed with weapons to the Parliament, Num. 3. The causes of summoning the Parliament were showed to the Lords and Commons, to have their counsel and advice therein, what was best to be done; and expressed to be three. First, that every one, great and small, should consider, in what manner the peace might most surely be preserved within the Realm. Secondly, how the Marches of Scotland, and the Northern parts might be best defended and kept against the enemies of Scotland. Thirdly, how the Sea should be guarded against the enemies, that they should do no damage, nor enter the Realm for to destroy it. After thus. Num. 4. The Bishops and Letters from the King then in France, relate to the Houses the Estate of the King's Army, wars, and proceedings in France, and the great debts the King stood engaged in for the maintenance of his Army; for discharge whereof and the King's further relief in the easiest way, to support his wars the Lords condescended to grant the ninth sheaf of all their corn, and the ninth fleece and Lamb of all their flocks to the King, for the two next years, so as the custom of Mal-tolt, newly imposed on Wools, should be released, and this grant not drawn hereafter into custom, as a precedent to their prejudice. Who acquainting the Commons therewith, they after deliberation; As to the King's supply; returned this Answer. Num. 8, 9 That they thought it meet the King should be supplied, and were ready to aid him, as they had always formerly been, but yet as the aid was granted in this case, they durst not assent to it, until they had consulted and advised with the Commons in the Country; for which end they craved time to go into their Counties, and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary, of the richest Knights in every Shire at a short day to come, (which, was c Num. 22, 23 24, 25. condescended to.) After which, Num. 9, 10, 11. they gave this answer in writing concerning the three Articles propounded to them: First, As to the keeping of the peace of the Realm, that the Justices of the Peace had sufficient power already to that purpose; only they add, that disturbers of the peace should not be let out of Prison, but upon sufficient Bail, and that no Charters of pardon should be granted to Felons, but by common consent in Parliament, and all other pardons held as void. To the second they answered, That the King before his going beyond the Seas had taken so good order, and appointed such sufficient Guardians to defend the Marches of Scotland, who were best able to guard those parts, that the enforcement of them by the King's Council would be sufficient, without any charge to the Commons; Only, they ordered, that every man who had Lands in the Marches of Scotland, of what condition soever they were, should reside upon them to defend them (as it had been formerly ordained) without charge to the Commons. To the third, concerning the guard of the Seas: The Commons prayed that they might not be charged to give Counsel in things of which they had no conisance (or charge;) and that they were advised, that the Barons of the Ports which at all times have honours before all the Commons of the Land, and are so enfranchised to d See cambden's Britannia, p. 318. accordingly. guard the Sea between us and strangers, (if so be it falls out, that they will enter and assail our Land) that they contribute to no aids nor charges on the said Land, but receive profits without number arising by the Sea, for the Guard aforesaid. Wherefore the Commons are advised, that they ought to maintain a guard upon the Sea, as the e See 19 E. 3. pars 1. M 14 & pars 2. m. 14 Judge Crookes Argument against Shipmoney, p. 69. to 74. Commons do upon the Land, without taking or demanding wages. Likewise, there are other great Towns and Havens which have a Navy, that are in the same case, and are bound to guard the Sea. And as for the safeguard of the Watch-houses upon the Sea by Land; let the guard of them be made by the advice of the Knights of the Shire, where the said Guardians are assigned, in the safest manner that may be, without charge of the Commons: And that the people of the Land, of what condition soever, which have lands on the Coast, shall keep residence upon those Lands, the better to repulse the enemies from the Land, so that for their abiding there, they shall be discharged to give any aid toward the same guard elsewhere. Num. 13. The Commons frame and demand a general pardon, upon grant whereof they promise to aid the King with moneys. Num. 14. They make an Ordinance for increase of moneys in the Realm. Num. 15. Because the ships of England went not out together in Fleets, to trade, but severally, out of desire of gain and covetousness, and so many of them were taken by the Enemies of the King, and the men slain and murdered, to the dishonour of the King and the whole Realm; it was agreed, and assented in full Parliament, that all the Navy should stay and be arrested, till further order were given to the contrary. Num. 16. It was accorded and assented in Parliament, that the Bishops and Lords in the Parliament, should send Letters to the Archbishop of York, and the Clergy of his Province, under their Seals, to excite them to grant a convenient aid for the guard of the Marches of Scotland, for the defence of the Church, the Realm, and themselves, as the Clergy of the Province of Canterbury had done. Num. 17. It is accorded, that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of York, to survey the Array of the people, which shall be chosen for the defence of the Realm, in lieu of Sir Thomas de Blaston. That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Nottingham and Derby, and john Feriby in the County of Lancaster. Num. 18. It is assented that the people of holderness shall be Arrayed, taxed, and make aid for the guarding of the Marches of Scotland, and other businesses of the King in those parts, notwithstanding the Commission made to them to guard the Sea, Num. 21. The Lords who have Lands towards the Marches of Scotland, are commanded and prayed by writs and Letters to repair thither for defence thereof, namely the Lords of Ros, Wake, Mowbray, Clifford, and Master William Daubeny Steward of the Earl of Richmond, and that those who could not in this case go in proper person, should send their people to the Lords in the Marches. In the second Parliament held this year, by appointment of the first (Octabis Hilarii, 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall, Guardian of England (in the King's absence) being hindered by other businesses to be present in this Parliament, by Letters Patents under the King's great Seal, appointed the Archbishop of Canterbury, and others to supply his place, and hold the Parliament. Num. 6, 7, 8, 9 The Commons for the defence of the Realm, Sea, and Marches of Scotland, granted the King thirty thousand sacks of Wool, and the Earls and Barons, the ninth sheaf, Fleece and Lamb, within their Demesne Lands; and agreed to raise a great sum of money presently, to set out a fleet of Ships to Sea, fraught with men of arms, and archers for defence of the Realm. Num. 10. All the Merchants of England, were summoned by writ to appear at Westminster in proper person, to confer upon great businesses concerning the King's honour, the salvation of the Realm, and of themselves. Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent; and were to receive a sum of money to help defray their charges herein; and the men of the Cinque-ports, promised to defray the moiety of the costs; and the King's Counsel the other moiety, but not in name of wages, but out of special grace; and the f See cambden's Britan. p. 318. Cinque-ports were to find 21 ships of their own, and nine ships of the River of Thames. Num. 12. The Mariners towards the West promised to find 70. ships of an hundred Tun and upwards, and to make them ready by the same day; and to defray the charges of them as far as was requisite; and for the residue, the King's Counsel were to send them a sum of money for their aid, but not as wages, but of special grace; and a Clerk was ordained to survey the charges of the Mariners of the West; and of the Cinque-ports. Num. 23. All the ships of Portsmouth, and the West, were to meet at Dartmouth at the day assigNed; and the Earl of Arundel was assigned their Admiral; And the ships of the Cinque-ports and the River of Thames, were to meet, & assemble at Winchelse, and the Earl of Huntindon, appointed their Admiral; and that all these ships should be ready by the middle of Lent, Num. 19 The Admirals of all parts were commanded to arrest all other ships, that might pass the Seas, for fear of being surprised by the enemies, & that 200. men s●ould man those to whom the smaller ships belonged, to bring them into such havens where they might be safest from the Enemies. Num. 15. Writs were directed to all Sheriffs of England to make Proclamation, that all those who had Charters of pardon, should repair towards the Sea, in the service of the King, and at his wages by the middle of Lent, upon pain of losing their Charters, and being put to answer the things contained in them, in case they should not go. Num. 16. It was accorded and assented in Parliament, that Master Richard Talbot ordained to guard the Town of Southampton, which he had undertaken to do, should have a company of men at Arms, and Archers at the King's wages, which he might increase if there were cause; that he and they should have their wages paid them monthly, from the second Sunday in Lent, and so forwards whiles they continued in that Service, & that he should receive 200. pounds in money, and 200. marks in Wool, in respect of his said service, and to defray his ancient debts. And he had power given him to assess and levy moneys upon the said Town, towards its defence; and if the Town were not able to defray all the charge, the King should aid them for the residue. Num. 18. The Bishop of Winchester, the Prior of St. Swithin of Winchester, and the Abbot of Winchester, were commanded to have the people of their Manners next the Town of Southampton well a●med and arrayed, that they might be ready to their power to defend the said town, upon summons of the Guardians thereof▪ that no peril might happen thereunto, Num. 19 That two Pinnaces, one of Melbroke, and the other belonging to Roger Norman●, should be assigned to remain in the port of Southampton, at the appointment of the said Mr. Richard, for the safety thereof. Num. 20. All the Burgesses and Seamen of the Town which had departed thence, were ordered to go and abide therein 〈◊〉 the defence thereof, and of their own possessions; and in case they refu●ed, that their Lands and Possessions should be seized into the King's hands, and the profits of their Lands which should be found elsewhere. Num. 21. That a Commission should be made to Stephen Butterly, and William Weston, Sergeants at Arms, to take Timber, Boards, and other things necessary for the safety of the said Town at certain prizes, upon endenture made between them and the owners of the said goods; and that the King should pay, or give them other satisfaction. Num. 22. 23. That all the Arms, Engines, Ammunition, Iron and Lead in the said Town, should be delivered to the Guardian of it by Indenture; who should have the same power in all things within that Town, as the Earl of Warwick had, when he was Governor. Num. 24. That the Sheriff should have a Writ of attendance, to be attendant on the said Mr. Richard, with Victuals, and all other things necessary for the safeguard of the said Town. Num. 25. 26. 27. Certain Merchants are appointed and take upon them to the Parliament, to buy great proportions of Corn, Peas, Oats, Hay, and other provisions, (the quantities whereof are particularly expressed) at certain rates, to victual Berwick, the Castles of Edenburg, and Strivelyn, (which Castles Mr. Thomas Rokeby, Guardian thereof, promised to keep till Saint john's day than next to come, upon condition to receive his wages formerly due, out of the first moneys granted to the King in this Parliament,) by a certain day; provided they shall carry no victuals to the enemies of the King and Realm, and that they should be paid out of the first moneys arising out of the aid granted to the King. Num. 28. 29. The inhabitants of the ●sle of Wight were respited of the aid granted to the King, according as their good carriage should be during the war; and it was agreed in Parliament, that no Commandment nor Ordnance, or licence granted under the great or privy Seal, to any of the said inhabitants bound to defend the said Isle, should licence any to absent himself from it during the war, unless it were for fear of disinheriting or other great necessity: with which the Council should be acquainted, or upon in quests. Num. 30. 31. Provides, that the Castle of Caresbr●● in the I'll of Weight should be furnished with a certa●ne proportion of Wine▪ Corn, Peas, O●ts, hay, Coles▪ Iron, Salt; and that a Commission should be granted to Robert Vandalym Sheriff of Southampton, and to William of Kekenwich jointly and severally, to purvey and deliver the same provisions over by Indenture, to the Constable of that Castle; and a Writ directed to the King's Botteller, to deliver the Wines assigned (to wit ten Ton) out of the Wines then in, or which should first come into his hands. Num. 32. Mr. Thomas Ferrer undertakes to the Parliament, to send without delay a sufficient man to the Castle of jernsey, to survey she defaults and state of the said Castle, to certify the Council fully of them; and in the mean time to find the wages of those remaining there in garrison, to the sum of an hundred pounds; and a Writ is directed to the Sheriff of Southampton, to furnish the said Thomas with a convenient quantity of Powder, and Iron, and other necessaries for the defence of that Castle. And because Thomas pain, one of the Jurates of that Isle was gone to the enemies, contrary to a defence made, that a Writ should issue to the Bailiffs and Jurates of the same Isle to choose another sufficient man in his place, and to seize his Lands, goods, and Chattels into the King's hands, and answer the meesne profits of them. Num. 34. dorso. There is an exact Array or List of all the Captains and men at Arms, and archers under their several commands for defence of the borders of Scotland, amounting in all to 4715. Num. 35. Those of the Counties of Nottingham, Derby, York, were to go to Newcastle upon Tine, at the Country's charges, and then to receive the King's wages: and those of Westmoreland, Cumberland and Lancashire, to march to Carlisle at the Counties charges, and then to receive the King's wages; and that the Commanders, great men, and all the host when they assembled should lie and travel in the Land of Scotland, and not in the Marches of England. Num. 36. 37. A fit and trusty Clerk is appointed to pay the Soldier's wages by the advice and survey of the Lords Percy and Nevil, and Merchants are ordered to return moneys for the exploit, and to furnish the King of Scotland with moneys sufficient to maintain twenty men at Arms. Num. 38. Because Mr. Richard Talbot had discharged himself of the government of Berwick, the Lords in Parliament earnestly entreated Sir Walter Creak to take upon him the custody of Berwick, and to certify the Lords within a short time, how many men at Arms and Archers would suffice to guard it, and whether he would accept of the charge or not; and if not, they would provide another. Num. 39 A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkshire and the other Counties, and to conduct them towards Newcastle. Num. 46. It is accorded and assented, that Writs shall be made to the arrayers of the Men of Arms, Hoblers, and Archers, in the Country of Oxford, for the guarding of the Sea, for the Prior and Canons of Burnacester, to surcease their demand which they made to the said Prior and Canons to find a man at Arms and two Archers to make such a guard at Portsmouth; and also for the payment of certain moneys for this cause, until they have other command from the King; by reason that the Prelates and other great men in the Parliament are informed, that all the possessions of their house will hardly suffice for their sustenance, and that they cannot find such charge without very great oppression of them and their house.; Lo here in these two Parliaments (the Rolls whereof I have recited more largely, because rare and memorable) all businesses concerning the Wars, Militia and Array both by Land and Sea, were particularly consulted of, ordered, and determined in and by the Parliament only; in a far more ample manner then this present Parliament at first petitioned, desired they should have been ordered and settled now. In the Parliament rolls 14 E. 3. Num. 19 Certain men are appointed to guard the Islands and Seacoasts against the enemies. Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwick●. Num. 53. 54. 55. etc. Commissions of Array in several Counties are made by Parliament to the Earl of Angoyes and others, for defence of the Kingdom. In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others, to appoint able persons for defence of the Marches of the East-riding. In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne, Ireland, the Seignory of Artois, and the Marches of Scotland are in peril to be lost through default of good Officers, the Commons petition, that it would please the Lords to ordain good and sufficient ministers, which may be sent to govern in the same Lands in the most hasty manner that may be, by reason of the great need that requires it. And that all the chief guardians of the Ports and Castles upon the Sea, as Dover, Bannburgh, Carlisle, and other Marches, may be put in the form aforesaid: And that these Guardians of the Castles and keys of the Realm may be sufficient men, who may forfeit their inheritance if any mischief shall happen by reason of them, which God forbid. And that in all other, sufficient persons of your Liege's be placed who may forfeit in the same manner for the salvation of the Realm. To which the King answers. The King willeth it, and will do that which shall belong to him by the advice of the Lords of His continual Council. In 2 R. 2. Rot. Parliament. Num. 37. the Admiralty is disposed of by the Parliament: and Num. 39 a Schedule of Orders for the defence of the North sea, is confirmed by the Parliament. In the Parliament of 7 & 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals, to guard the Seas. In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate, how the enemies of France, with great Armies, and many Vessels of war have been continually, and yet are in the Northern parts, and namely about the coasts of Scarburrough, which Town is dangerously seated upon the Sea, open to the assaults of the said enemies, and that the people of the said Town had within two years' last passed paid above one thousand pound ransom to the said enemies, and yet were destroyed and carried prisoners into Boulogne and other places, where they were yet kept prisoners, and that the Town was upon the point to be burned and destroyed, and all the coast about it in short time, if hasty remedy were not provided. That therefore it would please the King and his most sage Council, considering the great damages and perils the said Town and coasts about it had sustained, and were yet apparently like to sustain, to ordain and assign certain Vessels of war upon the said coasts, to guard them against the malice and power of the said enemies; and that during the wars, for saving of the said Town, and the King's Castle there situate, and all the Country about i●. The Answer is: This matter is in part touched by the Merchants of the said coast which are at this Parliament, and by their advice and others who are to pass their Merchandise in these Marches by Sea, remedy hath been ordained in such sort as the Earl of Northumber land and the Major of London, who were assigned in Parliament to treat of this business know more fully to declare. In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords, that if the King would grant him the quindisme and disme of the Laity and Clergy; and the 6 pound and 2 shillings on the Ton of Wine, lately granted to the King for the safeguard of the Sea; that he would within 20 days after the receipt of the last payment, transport into France 3000 Archers well armed and mounted for the aid of Gaunt; and would defray all the charges of shipping them: And that if he might have the attendance of the West-Admirall, he would find on the Sea for the safeguard of it, between this and Michaelmas next, ten great ships, and ten B●rges armed; in which besides Mariners necessary, he would find at least 500 fight men for the said term. In the Parliament of 15 R. 3. Num. 15. It is to be remembered, that the Commons said in full Parliament, that if a treaty of peace or truce should be entertained between their Lord the King and his adversary of France, that they thought it expedient and necessary, if it should please the King, that Mounseur de Guienne, because he is the most sufficient person of the realm shall go to the same Treaty. And the King said, that he liked it well, if it pleased the said Lord the Guy●n: and thereupon Mounseur de Guienne said, that he would with a very good will travel and do any thing which might turn to the honour and profit of the King, and of his realm. In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the custody of the Town and Castle of Calais, the Town of Risbanke, the Castles of Hamures, Mark, Oye, Stangate, Bavelingham, and of the Castle and Dominion of Guynes in Picardy, to be made to Humphrey D●ke of Gloucester his uncle, in the presence of the Lords spiritual and temporal then being in the present Parliament, was on the 29 day of October read before them: which being understood, and ma●ure deliberation taken thereupon, the several reasons of the said Lord being heard, it was at last by their assent and consent agreed and ordered, that the said Duke should have the custody of the said Town, Castles, and premises, to the end of nine years then next ensuing, which Charter was subscribed by all the Lords there present. In the Parliament of 31 H. 6. Num. 41. procustodia Maris, it was enacted: For as much as the King, considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea, and others His Subjects using the Trade of Merchandises, have been oftentimes grievously imprisoned, distressed, put to great sufferances and ransoms; and their Ships, Vessels, and Merchandises of great value taken upon the Sea by his enemies; and also Merchant strangers, being under his leageance, amity, safeguard, or safe conduct upon the Sea, have been robbed and spoilt, against the form and contents of such truces, and safe conducts signed; His Highness' willing and intending sufficiently to provi●e for the remedy of such inconveniences▪ and to eschew and avoid all such 〈◊〉 and dispoylers, HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUAL AND TEMPORAL in his high Court of Parliament assembled, de●i●ed certain great Lords of this realm, that is to say, Richard Earl of Salisbury, john Earl of Shrewsbury, john Earl of Worcester, james Earl of Wiltshire, and john Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of war, to intend with all diligence to their possibility the safeguard and keeping of the Sea. For which cause the subsidies of Tonnage and Poundage granted to the King for his natural life this Parliament, that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY OF THE SAME, were granted to the said Earls and Lord Sturton, and the survivers of them for three whole years; with power for them to appoint Collectors to receive and collect them in every Port, without rendering, any account; so as they kept the covenants and indentures made between the King and them for the safeguard of the Seas; with a proviso, that this Act during the three years should not: be prejudicial to the custom of the Town or Castle of Calais or Rishbanke, for the payment of the wages and arrears of the Soldiers there. And over that, if the goods of any of the King's liege-people, or any of his friends, be found in any Vessel of the King's enemies without any safe conduct, that then the said Earls and the Lord Sturton shall take and depart it among them and their retinue without any impeachment, according to the Statute thereupon made. In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament, in these words: For as much as the Earls of Salisbury, Shrewsbury, and Worcester, and the Lord Sturton besought the King's Highness in this present Parliament, that it might like his Highness and Excellency of his Noble grace to have them clearly discharged of the keeping of the Sea, the King therefore and for other causes moving his Highness, BY THE ADVICE OF THE LORDS SPIRITUAL AND TEMPORAL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of july, the 23 day of the same Parliament, admitted their desire, and would that the said Earls and Lord Sturton, or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding, and ended at Westminster, be 〈◊〉 the 30 day of July fully discharged of the keeping of the same, and that IT SHOULD BE ENACTED OF RECORD. In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY THEREOF, ordained and established, that his dearest cousin Richard Duke of York rightful heir to the Countries of England and France, and of the Lordship and Land of Ireland, have and take upon him the power and labour to ride into the parts of England, and Wales, where great rebellions, murders, riots, spoilings, executions, and oppressions be used, committed and attempted, to repress, subdue, and appease them. And also to resist the enemies of France and Scotland within the realm. And further granted, ordained, and established by the said advice and authority, that every Sheriff, with the power and might of his Sheriwicke, and every Major, Bailiff, Officer, Minister, and Subject of the said realm of England and of Wales, shall attend upon his said cousin for the said intent, as the case shall require; and to the same intent be ready at the command of his said cousin; and the same obey and perform, in like case as they ought to do at his commandment after the course of the Laws of England, and in Wales after the custom●s there, etc. And to cite no more precedents in so clear a case: in the Parliament of 21 jacobi ch. 33. The Temporalty having granted three entire Subsidies, and three Fifteen and tenths, to King james, towards the maintenance of the wars that might then suddenly ensue upon the breach with Spain, and more particularly for the defence of the realm of England, the securing of Ireland, the assurance of the states of the united Provinces, with the King's friends and allies; and for the set●ing forth of the navy-royal: did by that Act, for the better disbursing of the said 〈◊〉 and managing that war according to the Parliaments true intention, by that very Act wherein they gave the Subsidies, did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys; and appointed ten Lords and Knights (particularly named in the Act) to be of the King Council for the war; by whose warrant (under five of their hands at least) all the moneys they granted were to be issued and exported, for and towards the uses expressed in the Act to such person or persons as the said Council of war should direct: and that both those Treasurers, and this Council of war●e, and all other persons trusted with the receiving, issuing, bestowing and employing of those moneys or any part thereof, their heirs, executors and administrators, should be answerable and accountable for their doings and proceedings therein to the Commons in Parliament, when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being; and thereby they and every of them according to their several places and employments shall give a true and ready declaration and account of their several respective dealings, doings and proceeding therein; and that the said Commons in Parliament shall have power by this Act, to hear and determine the said account, and all things thereto appertaining; And withal they in this Act prescribe a specialloath to the Treasurers, Not to issue out any moneys without the Warrant of the Council of war under their hands. And another oath to the Council of war, To make no Warrant for any moneys issued, which are given by this Act, but for some of those ends which are expressed therein, and that to the best of their means they should employ the said moneys accordingly; and that freely without requiring any reward or allowance whatsoever. Which precedents with others forementioned, made His Majesty return this * An exact collection of all Remonstrances, etc. p. 66, 67. Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any; His Majesty will be content to put in all the places both of FORTS and MILITIA, in the several Counties, such persons as both Houses of Parliament shall either approve or recommend unto Him; so that you declare before unto His Majesty the names of the persons whom you approve or recommend; unless such persons shall be named against whom He shall have just and unquestionable exception. And thus much by way of supplement touching the Militia. Concerning the Parliaments interest and right in electing and removing the Officers of the realm, and the King's menial servants, I shall only add these Precedents to the * Part. 1. p. 89, 90. part, 2. p. 41. to 74. forementioned. In the Parliament rolls ●4 E. 3. N●m. 1. Four Bishops, four Earls, and four Barons were assigned to the King, without whose consent, or of four of them, no great business was to be transacted. 14 E. 3. Num. 36. in the Parliament rolls, The Parliament agreeth, that the Duke of Cornwall be Custos of England during the King's absence in the wars of France. In the Parliament rolls of 1 R. 2. Num. 18. & 19 The Commons requested first, that it would please the King to ordain, and nominate to them now in this present Parliament, some sufficient persons of divers estates to be continually resident of his counsel for the affairs of the King and of the realm, and to have the Officers of the King of such persons who best knew, and would and might most diligently travel for the redress of the foresaid mischiefs, and the good government and salvation of the realm, so that the Commons may be clearly ascertained of the names of those Counsellors which shall be disbursers and orderers of that which they shall grant for the wars, and thereby to have greater encouragement to do to our Lord the King that which they have in charge concerning him, as is aforesaid. Also that it would please them to ordain and nominate in this Parliament the persons which shall be about (or have the custody) of the person of our Lord the King himself, who is of such tender age, and that those persons shall be of the most virtuous, honestest, and sufficientest of the Realm; so that our said Lord, who is a person sacred and anointed, be nobly governed, and brought up in good virtues and manners to the pleasure of God, whereby all the Realm may be secured and amended; and that it be likewise or●dained, that our Lord the King and ●is house be governed with good moderation, and defray his expenses only out of the revenues of the Realm, and other rights and seignories of his Crown. And that all that which shall be granted to our Lord the King in maintenance of his wars, shall be applied and expended in the wars, and no part thereof otherwise, in aid and discharge of his said commonalty. In the Parliament of 11. Richard 2. Num. 23. The Commons pray, That no person, of what state or condition he be, should meddle with any manner of governance about the person of our Lord the King, nor with the businesses of the Realm, nor yet to council our Lord the King, but those Lords which are assigned and ordained in this present Parliament, if it be not by ordinance of the continual Council, and by assent of our Lord the King, upon grievous pain. And the same Lords, which shall be about the person of our Lord the King and of his Council, shall cause to remove all the persons which they think sit to remove in the household of our Lord the King, without showing favour to any, and to put others in their places, whom they shall think sufficient and virtuous. And that the said Lords of the Council be charged to keep and sustain the estate of our Lord the King in ' its regalty, and to do and use that which may turn to the honour and profit of our Lord the King and of his Realm to their power, according to the form of the O●●h contained in a Schedule made in this present Parliament annexed hereunto; to the intent that it may be notoriously known throughout all the Realm, that good and sufficient Council is about the person of our Lord the King, to the comfort of all his Commons, and firm assurance and establishment of the Realm aforesaid; the which Oath was made in form ensuing. You shall swear, That you will not assent, nor yet suffer, as much as in you lieth, That any Judgement, 〈◊〉, or Ordinance made or given in this present Parliament be any way annulled, reversed, or repealed in any time to come; and moreover, That you shall keep the good Laws and usages of the Realm afore these times made and used; and shall firmly keep, and cause to be kept, good peace, quiet, and tranquillity in the Realm ●according to your power, without disturbing them in any manner. So help me God and his Saints. The Answer. As to the first point of this Article, the King wil● it: And as to the second point, If there be any Lord of the Council, or other Lord of the Realm, which will inform the King, That he hath any person about him not sufficient, nor honest, he wils, that it being proved, he shall be outed and removed, and another sufficient, by his advice, put in his place. In the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons, divers times touching the removing of divers persons, as well aliens and others, by reason of divers destructions by them moved, and for certain Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament, and by the said Lords it was specially accorded, That four persons, to wit, the King's Confessor, the Abbot of Done, Master Richard Derham, and Crosseby of the Chamber, shall be quite ousted and voided out of the King's house; whereupon the ninth of February, the said Confessor, Master Richard, and Crosseby came before the King and Lords in Parliament, and there the King in excusing the said four persons said openly, that he knew not by them any cause or occasion in special for which they ought to be removed from his household; notwithstanding our said Lord the King well considered, that what the said Lords and Commons shall do or ordain, Nota. was for the good of him and of his Realm, and therefore he would conform himself to their intentions, and did well agree to the said Ordinance, which charged the said Confessor, Master Richard, and Crosseby to avoid his said Court, and like charge should have been given to the said Abbot, had he been present. And our Lord the King said further, That he would do the like with any other which was about his royal Person, if he was in hatred or indignation with his people. And Numb. 37. To the end that good and just government and remedy may be made of divers complaints, grievances, and mischiefs showed to our Lord the King in this Parliament; our Lord the King, to the honour of God, and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm, for the ease and comfort of all his Realm, hath ordained certain Lords and others underwritten to be of his great and continual Council, to wit, the Archbishop of Canterbury, the Bishop of Lincoln Chancellor of England, the Bishops of Rochester, Winchester, Bath, and Ba●gor, the Duke of York, the Earls of Somerset and Westmoreland, the Lord Roos Treasurer of England, the Keeper of the Great Seal, the Lord Berkley, the Lord Willoughby, the Lord Furnevall, the Lord Lovel, monsieur Pierce Courtney, Master Hugh Warerton, Master john Cheyne, Master Arnald Savage, john Northbury, john Doreward, john Cawsou. In the Parliament of 7. & 8. Henry 4. Numb. 31. The 22. day of May, the Commons came before the King and his Lords in Parliament, and then john Tibetot, their Speaker, reheased, how they had prayed the King in the beginning of the Parliament, and after, to increase the number of his Council for the better government of the Realm, and prayed the King to put it in execution; and further rehearsed▪ how that the Archbishop of Canterbury had reported to them, That the King would be counselled by the most sage Lords of the Realm, the which ought to have the survey of all that which shall be done for the good government of this Realm, which thing the King agreed to do and rehearsed with his own mouth, That it was his entire will. And thereupon a Bill made by the King himself, by his own will was delivered, containing the names of the Lords which shall be of his Council, the tenor of which Bill ensueth. It is to be remembered that our Lord the King, considering the great labours, occupations, and diligence which he ought necessarily to employ about the good government of his Realm, and other his possessions, as well on this side the Sea as beyond it. First of all for the preservation of our Lord the King, and of his Crown, and that the revenues of the same may be the better collected to his profit and increase, as much as a man may j●●rly do, to the end that he may the better sustain his honourable estate. And secondly, for the confirmation of the Laws and Statutes of the Realm, to the end that equal right may be done to every one, as well poor as rich; Our Lord the King, of his proper and good will, desirous to be supported in the foresaid causes, because that he cannot attend thereunto in proper person so much as he would, for the great love and good affiance which he hath among others, in the most reverend Fathers in God, the Archbishop of Canterbury, the Bishops of Winchester and Excester, the Duke of York, the Earl of Somerset, the Lord Roos, the Lord Burnet, the Lord Lovel, the Lord Willoughby, the Chancellor, Treasurer, and Keeper of the privy Seal, the Steward and Chamberlaive, Master Hugh Warerton, Master john Cheyney, and Master Arnald Savage, hath chosen and charged them to be of his counsel, praying and commanding them, that in all the foresaid causes they will put to their entire diligences for the profit of our said Lord the King, and likewise for the confirmation of the Laws and Statutes aforesaid. In the Parliament of 2. Henry 6. num. 15. After divers special requests of the Commons of the Realm, being in the present Parliament, made to my Lord of Gloucester Commissary of the King, and to other Lords Spiritual and Temporal there, for to have notice and conusance of the persons assigned and elected to be of the King's Council, to their great ease and consolation. By advice and assent of all the Lords Spiritual and Temporal aforesaid, were elected and named certain persons, as well spiritual and temporal, to be Counsellors assistant to the governance of the Realm, whose names here ensue; The Duke of Gloucester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worce●●er, the Chancellor, Treasurer, and Keeper of the privy Seal, the Duke of Excester, the Earl of March, the Earl of Warwick, the Earl Martial, the Earl of Northumberl●nd, the Earl of Westmoreland, the Lord Cromwell, the Lord Fitz H●gh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Master John Tiptoff, ●homas Chaucer, William Allington. In the Parliament of 29. Henry 6. num. 6. Upon the Petition of the Commons against divers Lords, Bishops, Knights, Esquires, and others, to the number of 29. who mis-behaved themselves about the royal Person of the King, and in other places, by whose only means it was suggested, the King's possessions had been greatly diminished, his Laws not executed, the peace of the Realm not observed, to the great hurt and trouble of the liege people of the Realm, and likely subversion of the same, of which misbehaviour, universal noise and clamour was openly received throughout all the Realm, upon the same persons specified in the Petition; all of them, except the Lords and some few others, without further evidence against them, were by the King now removed from his presence and Court for a whole years' space, within which time any man that could and would object against any of them▪ should be patiently heard and intended to. Those few fresh Precedents added to the precedent, and to such foreign examples of this nature cited in the Appendix, will abundantly clear the Parliaments right and Kingdom's interest in nominating, placing, and displacing the great Officers of the Kingdom▪ and in regulating the Kings own menial servants in some cases, when they either corrupt or mis-counsell him. And thus much touching the unhappy differences between the King and Parliament, concerning matters of his own royal Prerogative. The Parliaments Right and jurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm, Laws, Liberties without the King, in case of the King's wilful absence from, and taking up Arms against the Parliament and Kingdom, briefly vindicated from the calumnies against it. THe several grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crown, being fully examined and refuted in the Premises, so far (I hope) as to satisfy all ingenuous men, in point of Divinity, Policy, Law, Reason, Conscience. I shall next proceed to the remaining material Accusations which concern the Subjects only, in regard of Property and Liberty: wherein I will contract my Discourse into a narrow compass; partly because the debate of the foregoing Differences between the King's Prerogative and the Parliaments Sovereign Jurisdiction, hath in some sort overruled the Controversies betwixt the Subjects and both Houses, representing them: partly because these accusations are not so universally insisted on, as the former which concern the King; the justness of them being generally acknowledged, willingly submitted to by most, except such, who calumniate and traduce them, either out of covetousness only to ●ave their Pur●es, or from a groundless Malignity against the Parliament, or out of a consciousness of their own Delinquencies, subjecting them to the Parliaments impartial Justice, or out of some particular interests which concern them in their gains, honours, preferments, or such who by their restraints for not paying Parliamentary Assessments, hope to save their purses for the present; or to gain favour and preferment by it for the future. If these private sinister ends were once laid by, this second sort of accusations would speedily vanish, especially with men of public spirits, who prefer the Commonweal before their own particular interests. The first of these Cavillatory Objections Object. 6. against the Parliaments proceedings is, That both Houses, without the King's See the King's Declarations and Proclamations against this and other Assessments. Royal Assent, have contrary to Magna Charta, the Petition of Right, the Statutes De Tallagio non concedendo, and other Acts, by their Ordinances only imposed late Taxes on the Subjects, amounting to the twentieth part of their estates, and since that monthly or weekly Assessments, to maintain a war against the King; a grand encroachment on the people's Properties, contrary to all Law and justice.. This Objection seems very plausible and cordial to covetous Earthworms, being politicly contrived to Court the close-handed niggardly party, by those who are guiltiest in themselves of that they thus object against others. But it will easily receive an answer, Answer. as to the Parliament, and recoil with infinite disadvantage on those that make it. First 〈◊〉 answer, That the Parliament is the absolute Sovereign power within the Realm, not subject to, or obliged by the letter, or intendment of any Laws, being in truth the sole Lawmaker, and having an absolute Sovereignty over the Laws themselves (yea, over Magna Charta, and all other objected Acts) to repeal, alter, determine and suspend them when there is cause, as is undeniable by its altering the very common Law in many cases, by repealing, changing many old Statute Laws, and enacting new ones every Sessions as there is occasion, for the public safety and defence. This the practice of all Parliaments in all ages (yea the constant course of all Parliaments and Assemblies of the Estates in all foreign Kingdoms too) abundantly manifests. The Parliament therefore never intended by all or any of these objected Acts, to bind its own hands, but only the Kings and his Ministers, with inferior Courts of Justice, neither is the Parliament within the letter, words, or meaning of them; therefore not obliged by them. 2. The King, with his Officers, Judges, and inferior Courts of Justice only are included, and the Parliament, is directly excluded out of the very letter and meaning of all these Acts; as is apparent. First in general, from the occasion of enacting all these Laws, which was not any complaints made to the King of any illegal taxes, imprisonments, or proceedings of our Parliaments, to the oppression of the people; but only the great complaints of the people and Parliament against the illegal taxes, impositions, imprisonments, and oppressions of the Subject by the King, his Officers, Judges, and inferior Courts of Justice, as all our Histories, with the Prefaces and words of the Acts themselves attest; to redress which grievances alone th●s● Laws were made by the Parliaments and people's earnest solicitations, much against the King's good will. See Sir Edward Cooks Iusti●ut, on Mag. Charta, and these Laws Articuli super Chartas, Confirmatio Chartarum, part. 1. The Parliament then (who would never solicit them king of a Law against, or to restrain itself) being clear out of the original ground and mischief of enacting these Laws, and the King, with his Ministers, and inferiors 〈◊〉 is only within them; they can no way extend to the Parliament, but to them alone. 3. The Parliament, 〈◊〉 the making of these Acts, hath always constantly enjoyed an absolute right and power, without the least dispute, of granting and imposing on the Subjects whatsoever Taxes, Subsidies, Aids, Confiscations of Goods, or restraint of Liberty by temporal or perpetual imprisonment, it thought meet and necessary for the public defence, safety, and tranquillity of the Realm, as the several T●xes, Subsidies, and Poll-monies granted by them in all ages, the many Statutes enjoining confiscation of Lands, Goods, corporal punishments, banishments, temporary or perpetual imprisonments, for divers things not punishable, nor criminal by the Common Law, or when Magna Charta, and the ancient Statutes in pursuance of it were first enacted, abundantly evidence past all contradiction: none of all which the King himself, his Officers, Judges, or inferior Courts of Justice can do, being restrained by the objected Acts. Therefore it is altogether irrefragable, that the Parliament and Houses are neither within the words or intentions of these Acts, nor any ways limited or restrained by them, but left as free in these particulars (in order to the public good and safety) as if those Acts had never been made, though the King, with all other Courts, Officers, Subjects, remain obliged by them. 4. This is evident by examination of the particular Statutes objected: The first and principal of all the rest is Magna Charta, cap. 29. But the very words of this Law: Not We shall not pass upon him, nor condemn him, but by the lawful judgement of his Peers, or by the Law of the Land: We shall deny nor defer to no man either Justice or Right, compared with the Preface to, and first Chapter of it, Henry, etc. know ye that We, etc. out of mere and free will, have given and granted to all Archbishops, Bishops, Earls Barons, and to all free men of this our Realm of England, and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE, these liberties underwritten, to have and to hold to them, and their Heirs, OF US AND OUR HEIRS FOR EVERMORE, etc. (together with the whole tenor and title of this Charter, and the two last Chapters of it;) All those customs, and liberties aforesaid which we have granted to be holden within our Realm, as much AS APPERTAINETH TO US AND OUR HEIRS, WE SHALL OBSERVE. And for this our gift and grant of those Liberties, &c, our Subjects have given us the fifteenth part of all their moveables: And We have granted to them on the other part, that NEITHER, WE NOR OUR HEIRS shall procure or do any thing, whereby the Liberties in this Charter contained shall be infringed or broken; We confirm and make strong all the same FOR US AND OUR HEIRS PERPETUALLY. (not the Parliament) All these, I say, infallibly demonstrate, that this Statute of Magna Charta, did never extend unto the Parliament to restrain its hands or power, but only to the King, his Heirs, Officers, Courts of Justice, and particular subjects. So that the Parliaments imprisoning of Malignants, imposing Taxes for the necessary defence of the Realm, and seizing men's goods, or imprisoning their persons for nonpayment of it, is no ways within the words or intent of Magna Charta, as Royalists and Malignants ignorantly clamour; but the Kings, his Officers, Counsellors, and Cavaliers proceedings of this nature are clearly most direct violations of this Law. Rastall Accusation 5, 6, 7, 8. And that which puts this past dispute are the several Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right itself, all which expressly resolve, that this very objected Law of Magna Charta, extends only to the King himself, his Privy Council, judges, justices, Officers, and inferior Courts of justice, but not unto the supreme Court of Parliament, which no man (for aught I find) ever yet held, to be absolutely obliged by it, before the King's late recess from Parliament. The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or levied BY US AND OUR HEIRS (not the Parliament) in our Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other free men of the Land; which the Statute of * Restall Tenths, Taxes, etc. 1. 25. Edward 1. thus explains, But by the common consent of the Realm. The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus, If it be not by common consent of the Prelates, Earls, Barons, and other great men and Commons of our said Realm of England, AND THAT IN PARLIAMENT. The Statute of 25. Edward the third, cap. 8. thus. If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT. The Statute of 36. Edward the third, cap. 11. thus, That no Subsidy nor other charge be set nor granted upon the Wools by the Merchants, nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT. The Statute of 45. Edward 3. cap. 4. thus, it is accorded and established, That no imposition or charge shall be put upon Wools, Woollsels, or Leather, other than the custom and subsidy granted to the King, WITHOUT THE ASSENT OF THE PARLIAMENT, and if any be, it shall be repealed and holden for none. And the Petition of Right, 3. Caroli, thus, By which Statutes, and other good Statutes of this Realm, your Subjects have inherited this freedom, that they should not be compelled to contribute any Tax, Tallage, Custom, Aid●, or other like charge, not set BY COMMON CONSENT IN PARLIAMENT. Now it is as evident as the noonday sunshine, that these Acts only extend to the King, his Heirs, Council, Officers, inferior Courts, and private Subjects only, and that the Parliament is precisely excepted out of the very intent and letter of them all, having free power to impose on the Subjects what Aids, Taxes, Tallages, Customs, and Subsidies the shall deem meet▪ by the express provision of all these Laws, concerning the granting and imposing of Subsidies, Therefore by the direct resolution of these Acts, the Kings, his Councillors present contributions, assessments, and ransoms imposed on the Subjects are illegal, against the letter and provision of all these Acts; but the Parliaments and Houses lawful, approved and confirmed by them. True, will Royalists and Malignants answer (who have no other evasion left but this) If the King were present in Parliament, Object. and consenting to these contributions and taxes of the twentieth part, there were no doubt of what you allege; but because the King is absent, and not only disassents to, but prohibits the payment of this or any Parliamentary Assessments by his Proclamations, therefore they are illegal and against these Laws. 1 To which I answer, Answer. First, that the King by his Oath, duty, the ancient custom and Law of the land ought of right to be always present with his Parliament (as he is now in point of Law) and not to depart from it but in cases of urgent necessity with the Houses free consents, and then must leave * See 8. H. 5. c. 1. Commissioners, or a Deputy to supply his absence. This is not only confessed, but proved by a Book lately printed at Oxford 1642. (with the King's approbation or permission) entitled, No Parliament without a King, pag. 5. to 16. where by sundry precedents in all Kings Reigns it is manifested, That Kings were, and aught to be present in their Parliaments, which I have * Part 1. pag. 42, 43, 44. formerly cleared. If then the King, contrary to these Precedents, his Oath, Duty, the Laws and Customs of the Realm, the practice of all his Progenitors, the rules of nature (which prohibit the head to separate itself from the body) and will (through the advice of malignant Counsellors) withdraw himself from his Parliament; yea, from such a Parliament as himself by a spceiall Act hath made in some sort perpetual, at the Houses pleasure; and raise an Army of Papists, Delinquents, Malignants, and such like against it, and that purposely to dissolve it, contrary to this very Law of his for its continuance: why this illegal tortuous act of his (paralleled in no age) should nullify the Parliament, or any way invalid its Impositions or Proceedings, for their own, the Kingdoms, Peoples, and Religion's preservation (all now endangered) transcends any reasonable man's capacity to apprehend. 2 The right and power of granting, imposing, assenting unto Assessments, Taxes, Suosi●i●s, and such like public charges in Parliament, for the public safety, rests wholly in the Commons and Lords, not King; and is their own free act alone, depending no ways on the King's assent, nor necessarily requiring his personal presence in Parliament. This is evident: First by the express letter of the forecited Acts; No Subsidy, Tax, Aid, Talleage, or Custom shall be set, granted, taken or levied, but by common consent and grant of the Prelates, Earls, Barons, Knights, Burgesses, and other free men of the Realm in Parliament; or without the assent of the Parliament: so that their * See part. 1. p. 47, 48, 49, 50. grant and assent i● Parliament, (not the Kings) is the only thing that makes them legal and binding to the subject. Now both Houses have granted, ordered, and assented to this Assessment, exceeding not the twentieth part of men's estates; and given order for the levying of it, and that for the Parliaments, Kingdoms, religions, necessary defence and preservation. Therefore it is obligatory and legal, though the King himself consent not, or disassent thereto, (especially as the present condition of things stands) even by the very letter of these acts. Secondly, this is apparent by the letter of all our public Acts, for the granting of Subsidies, Aids, Tenths, Fifteen, Taxes, Customs, Tonnage, Poundage, or any such like impositions in and by Parliament, either by the Temporalty or Clergy: which Acts run usually in this manner. * 12 E. 4. c. 3. The Commons of this Realm HAVE GRANTED FOR DEFENCE OF THE SAID REALM▪ and especially for the safeguard and custody of the Sea, a Subsidy, a Subsidy called Tonnage, etc. * 14. E. 3. c. 20. The King then absent in France. The Prelates, Earls, Barons, and all the Commons of the Realm willingly and with one assent HAVE GRANTED the ninth Lamb, ninth sheaf, and ninth fleece, etc. And of Cities and Burroughs the ninth part of all their goods and cha●●●ls▪ etc. in aid of the good keeping the Realm as well by Land as by Sea, etc. * 1. E. 6. c. 13. 1 Mar. 1 E. c. 19 1. Jac. c. 33. We your poor Commons desire your excellent Majesty willingly to accept and receive these OUR POOR GRANTS hereafter following, as GRANTED of free hearts and good wills, as the first-fruits of our good wills and hearts, etc. by the advice and Assent of the Lords spiritual and temporal, GIVE & GRANT, for the defence of your realm, and the keeping and safeguard of the seas, etc. one Subsidy called Tonnage, etc. * 21 Jac. c. 32. 1. Car. c. 5. The Prelates and Clergy, etc. as a special and significant testimony of their loyal affection, etc. with one affection and uniform consent HAVE GIVEN & GRANTED four whole and entire Subsidies. * 1 Car. c. 6. 21. Jac. c. 33. We your Commons assembled in your high Court of Parliament, humbly present your Majesty with the FREE & CHEERFUL GIFT of two entire Subsidies, etc. All Subsidies and Taxes then being the free gift of the Commons, Clergy and P●eres in Parliament, and that only for the defence of the Kingdom by sea and land; it is infallible, that they do, may and can oblige themselves, and those they represent, to pay such public Taxes, to this end, without the King's concurrence. Thirdly, this is clear by considering, that the Commons and Lords in Parliament have always had: 1. And absolute right and power to grant or deny Taxes, Subsidies, aids and assistance as they saw occasion. * See Restall. Taxes, etc. throughout. 2. To proportion the aids and Subsidies granted. 3. To limit the certain manner, ways, and times of paying and levying them; and the persons who shall either pay, assess, collect, receive, or disburse them. 4. The ends and uses to which they should be employed when levied, debarring the King oft times (when they saw cause) of any power at all to receive or dispose of them, appointing Collectors, and Treasurers of their own to receive and issue them out again, by the advice and directions of these, as themselves prescribed; for which I shall give you some few instances of note in lieu of many more, that might be remembered. * Matth. Paris, Hist, Angl. p. 420, 421, 562, 563. daniel's Hist, p. 157. Anno 1237. being the 21 year of Henry the third, The Parliament after many contestations with the King for his fraud, oppressions, favouring of Aliens, etc. to the Kingdom's detriment; the King by Oath pr●m●sing amendment, granted unto him the thirtieth part of all their moveables (excepting ready Money, Horse, and Armour,) to be employed for the Common wealth, and benefit of the Realm; with this condition often annexed, that the King should leave the Counsel of Aliens, and only use that of his natural Subjects. And for more security it was ordained, that four Knights of every Shire, and one Clerk of the Kings in every several Shire, shall upon their outhes collect, receive and deliver the said Subsidy either into some Abbey or Castle, to be safely reserved there, and disposed of for the benefit of the King and Kingdom, by the view and counsel of the Earl Warren or others, when there should be need: Or otherwise if the King f●iled in performance of His promises and grants, it ought to be faithfully restored and distributed to the Country whence it was collected. * Walsingham. Hist. Angl. p. 88 Holinshed, Gra●ton, and Daniel, p. 211. In the 11. year of King Edward the 2. Anno 1318. The Parliament (not daring to trust this prodigal miscounselled King with moneys) instead of Subsides, granted him an aid of armed men against the Scots: London set forth 200. Canturbury 40. Saint Albans 10. and so all other Burroughs and Cities according to their proportion, whereby a great Army was levied. The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. & Stat. 2. c. 1. 18. E. 3. Parliament 2 & 3. (forecited at large, part. 2. p. 8. 9) 31 H. 6. Num. 41. 21 jac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certain Nobles and others, whom they nominate, and appoint Treasurers to receive and issue them to the ends for which they granted them, prescribing them an oath to issue none of them to other purposes, or in any other manner than they prescribed. Yea the Acts of former Parliaments, and this present concerning Tonnage. Poundage, Polemoney, and Subsidies, frequently do the like. Therefore the granting and disposing of those Taxes, Aids, Subsidies rests wholly in the Commons, and Lords; and no ways on the King, who commonly desires the Parliament to great them. Fourthly, this is further evidenced, by the King's usual answer and assent unto such Bills as these: * Mr. Hack●●ls manner of passing Bills, s●ct. 8. p. 78. Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE, & auxy le v●ult; taking it wholly as a free grant from them; which assent in this case is rather formal then substantial, it being the Commons and Lords own consent only to Bills of this nature, not the Kings, that make the Taxes and Impositions binding as the forecited Statutes, the Petition of Right 3 Caroli; * See part. 1. p. 37, 38, 39, 46, to 53. Fortescue, and our Lawbookes resolve, and I have elsewhere manifested more at large. Therefore the want of the King's assent, or disassent to the Parliaments present assessment for the Kingdom's necessary defence in the present extremity (when the King not only wilfully absents himself from, but hath raised Arms against the Parliament) is not material nor simply necessary in point of Law, though usually requisite and necessary for formality sake, at other seasons, to complete such Acts; since Sepenumero Necessitas vincit legem, & quod necessarium est, lici●um est (as this assessment now is) though all formalities be not punctually observed; as is resolved in Dormers' case. Cook l. 5. f. 40. b. Fiftly, it is undeniable, that the Knights, Citizens, Burgesses, and Commons in Parliament, elected by the suffrages of the several Counties, Cities, and Burroughs of England, do * See part. 1. p. 39 47. really and legally represent all the Commons; and the Lords and they the whole Realm, and all the people of England: so that what ever Tax is imposed and assented to by them, or by both Houses only without the King (who represents no man but Himself alone) is in point of Law imposed and assented to by all the Commons, and whole Realm of England, (as the recitals in all our Statutes, and Law-bookes resolve) though the King assent not to it, If therefore (as our * Fitzh. Assize 413. avowry, 74. Prescrip. 67. Br. Custom. 31. Ruchin. 45. 73. 80. Co. 5. Rep. 63. to 69. See Rastal. title Corporations. Law-books clearly resolve without dispute, and the experience of all Corporations, Parishes, and Manors evidenceth past contradiction) all Ordinances and Bylaws made for the common good of Corporations, Parishioners, Tenants of a Manor, and the like, by all or the greater part of the Corporations, Parishioners. Tenants, and Taxes imposed by them for the Common good (as repairing of Churches, Highways, Bridges, relief of the poor, and the like) shall bind the rest: even in point of Law, without the King's assent. Then by the same, or better reason, the imposi●ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament, representing the whole Commons and Realm of England (who actually assent likewise to these Taxes and Assessments in and by them) must and aught in point of Law to oblige all the Subjects in this case of necessity, (at least▪ as long as the Parliament continues sitting, and this their representation of them remains entire;) especially being for the necessary defence of the Parliament, Kingdom, Religion, all our lives, estates, liberties, laws, against an invading Army of Papists and Malignants, in a case of extraordinary extremley. This I shall further clear by some ancient and late judgements in point. M●ch. 14. Ed. 2. rot. 60. in the King's Bench William Heyb●rne brought an Action of Trespass against William Keylow, * Judge Crookes argument against Ship-money. p. 24, 25 for entering his house and breaking his chests, and taking away 70 pounds in money; the Defendant pleading, Not guilty, the Jury ●ound a special Verdict: that the Scots having entered the Bishopric of Durham with an Army, and making great burning and spoils, thereupon the Commonalty of Durham, whereof the plaintiff was one, met together at Durham, and agreed to send some to compound with them for a certain sum of money to depart the Country and were all sworn to perform what compositions should be made, and to perform what Ordinance they should make in that behalf; and that thereupon they compounded with the Scots for 1600 Marks. But because that was to be paid immediately, they all consented, that William Keylow the Defendant and others, should go into every man's house to search what ready money was there, and to take it for the raising of that sum and that it should be suddenly repaid by the Communality of Durham: And that thereupon the Defendant did enter into the Plaintiffs house, and broke open the chest, and took the seventy pounds, which was paid accordingly towards that composition. And upon a Writ of Error in the King's Bench, it was adjudged for the Defendant against the Plaintiff, that the action did not lie, because he himself had agreed to this Ordinance, and was sworn to perform it, and that the Defendant did nothing but what he assented to by Oath; and therefore is accounted to do nothing but by his consent, as a servant to him and the Commonalty of Durham; therefore he was no trespasser.; Which case was agreed for good Law by all the judges, in the late Case of Ship-money argued in the Exchequer Chamber; though neither King nor Parliament consented to this Tax or Composition. This is the Parliaments present case in effect: The King having raised an Army of Papists, Delinquents, Foreigners, Irish Rebels, disaffected Persons, and actually invading the Kingdom and Parliament with it; Hereupon the Parliament were enforced to raise an Army to defend themselves and the Realm against these Invasions; For maintenance where of, they at first made use only of voluntary contributions and supplies; proceeding only from the liberality of some private persons, best affected to the public service; May 5. 1641. Which being xehausted, the Lords and Commons considering what a solemn Covenant and Protestation themselves had made and taken, and the Subjects likewise throwout the Realm, to maintain and defend, as far as lawfully they might WITH THEIR LIVES, POWER AND ESTATES, The true Reformed Protestant Religion. etc. As also THE POWER AND PRIVILEGES OF PARLIAMENT, THE LAWFUL RIGHTS AND LIBERTIES OF THE SUBJECT, And every person that maketh this Protestation, in whatsoever he shall do in the lawful pursuance of the same, etc. as in the Protestation (made by both Houses consents when fullest:) And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament, for the necessary defence of the Realm, the Subjects, Parliaments Privileges, Rights, and the Reformed Religion (all actually invaded, endangered) by an Ordinance of both Houses, without the King's consent (than absent from, and in open hostility against them) impose a general Assessment upon all the Subjects, NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES; And for nonpayment prescribe a distress, etc. Why, this Assessment in this case of necessity, being thus made by assent of both Houses (and so of all the Kingdom in them) in pursuance of this Protestation, should not as legally, yea more justly oblige every particular subject, though the King assented not thereto, as well as that agreement of the men of Durham, did oblige them even in point of Law, Justice, Conscience, transcends my capacity to apprehend: and if the first Case be Law, as all the Judges then, and of late affirmed, the latter questionless must be much more Legal, and without exceptions, a Cook 5. Report. fol. 62, 63. M. 32. and 33. Eliz. in the King's Bench, in the Chamberlain of London's case, it was adjudged, That an Ordinance made by the Common Council of London only, that all Clothes should be brought to Blackwell-hall, to be there veiwed, searched, and measured, before they were sold, and that a penny should be paid for every Cloth for the Officer that did the same, and that six shillings eight pence should be forfeited for every Cloth, not brought thither and searched; was good to bind all within the City, and that an Action of Debt would lie at the Common Law, both for the duty, and forfeiture, because it was for the public benefit of the City and Commonwealth, b Cook 5. Report f 62. M. 38. Eliz. in the Common-Pleas, it was adjudged in Clerk's Case; That an Ordinance made by assent of the Burgesses of Saint Albans, whereof the Plaintiff was one for assessing of a certain sum of Money upon every Inhabitant, for the erecting of Courts there (the Term being then adjourned thither from London, by reason of the Plague) with a penalty to be levied, by distress, for nonpayment of this Tax, was good to binds all the Inhabitants there, because it was for the public good. c Cook 5 〈◊〉 fol 66 68 Mich. 31. and 32. Eliz. in the King's Bench, William● jefferies' Case, and Pasch. 41. Eliz. Pagets Case, it was resolved; That the Churchwardens with the greater part of the Parishioners assents, may lay a Tax upon all the Parishioners, according to the quantity of their Lands and Estates, or the number of Acres of Land they hold (the Tax there was four pence an Acre for Marshland, and two pence for Earable) for the necessary reparation of the Church; and that this shall bind all the Inhabitants, so as they may be Libelled against in the Spiritual Court for nonpayment thereof, and no prohibition lieth. The like hath been resolved in sundry other Cases. And, by the Common-Law of England whereby the breach of d Register. fol. 127. Fitz. Nature. Breu. fol. 113. Cook, l. 10. fol. 142. Sea-Walls, the Country is, or may be surrounded, every one who hath Lands within the level or danger, which may have benefit, or loss, by the inundation, may and shall be enforced to contribute towards the repair, and making up of the Sea-walls, and a reasonable Tax assessed by a jury, or the Major-part shall bind all the rest, because it is both for their own private, and the common good. If the Law be thus unquestionably adjudged in all these Cases, without the King's assent, then much more must this Assessment imposed by both Houses be obligatory, in point of Law and Justice, though the King consented not thereto, since the Houses, and whole Kingdom consented to it, for their own defence and preservation. Sixthly, This is a duty inseparably incident by the Fundamental Law, and original compact of every Kingdom, City, Corporation, Company or Fraternity of men in the World; that every Member of them should contribute proportionably upon all occasions (especially in Cases of imminent danger) toward the necessary charges, defence, and preservation of that Kingdom, City, Corporation, Company, or Fraternity, of which he is a Member, without which contribution, they could be neither a Kingdom, City, Corporation, Company, Fraternity, or have any continuance, or subsistence at all; Which Contributions are assessed by Parliaments in Kingdoms, by the Aldermen, or Common-council in Cities, by the Master and Assistants in Fraternities, and what the Major part concludes, still binds the Residue, and the dissent of some (though the Major, or Master of the Company be one) shall be no obstacle to the rest. This all our Acts concerning Subsidies, Aids, Tonnage and Poundage the daily practice and constant experience of every Kingdom, City, Corporation, Company, Fraternity in the World, manifests past all contradictions; which being an indubitable verity, I think no reasonable man can produce the least shadow of Law or Reason, why the Parliament representing the whole Body of the Kingdom, and being the supreme Power, Counsel, in the Realm; bound both in Duty and Conscience, to provide for its security, may not in this Case of extremity legally impose this necessary Tax, for their own, the Kingdoms, Subjects, Laws, Religion's preservations (of which they are the proper Judges, Guardians) and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republic, who impose now far greater Taxes on the Subjects, and plunder, spoil, destroy them every where directly against the Law, of purpose to ruin both Parliament, Kingdom, Religion, Laws, Liberties, and Posterity. Seventhly, It is confessed by all, That if the King be an Infunt, Non-Compos absent in Foreign remote parts, or detained prisoner by an Enemy, that the Kingdom or Parliament in all such Cases, may without the King's actual, personal assent, create a Protector or Regent of their own Election, and not only make Laws, but grant Subsidies, impose Taxes, and raise Forces for the Kingdoms necessary defence, as sundry domestic and foreign Precedents in the preceding e Part. 1. p. 59 50. 99 100, 101, 102 part. 2. p 98, &c Francis, Then his Catalogue of Protectors, in Holinshed, p. 1073 &c Parts, and Appendix, evidence; And f De jure Belli & Pa●is, l. 1. c. 3 nu. 24. p. 69. Hugo Grotius, g Vindiciae contr. Tyrannos, qu. 3, 4. junius Brutus, with other Lawyers acknowledge as a thing beyond all dispute. Nay, if the King be of full age, and within the Realm, if a foreign enemy come to invade it, and the King neglect or refuse to set out a Navy, or raise any Forces to resist them, The Lords and Commons in such a Case of extremity may, (and are bound in Law and Conscience so to do) for their own, and the Kingdom's preservation, not only in and by Parliament, but without any Parliament at all (if it cannot be conveniently summoned) lawfully raise forces by Sea and Land, to encounter the Enemies, and impose Taxes and Contributions to this purpose on all the Subjects by common consent, with clauses of distress and imprisonment in case of refusal, as I have elsewhere proved. And if in Case of invasion, even by the Common-Law of the Realm, any Captains or Soldiers may lawfully enter into another man's ground and there encamp, muster, or build Forts to resist the Enemy, or pull down the Suburbs of a City, to preserve the City itself, when in danger to be fired or assaulted by an Enemy, without the special consent of King, Parliament, or the Owners of the Lands, or Houses, without h 13. H 8. 16. 9 E. 4 35 ● 8. E 4 23. Br. Custom 145. Trespis 406. Dyer. 36. Trespass or offence, because it is for the public safety, as our Law Books resolve; Then much more may both Houses of Parliament, when the King hath through the advice of ill Councillors wilfully deserted them, refused to return to them, and raised an Army of Papists and Malignants against them and the Realm (now miserably sacked and wasted by them, as bad as by any foreign Enemies) both take up Arms, raise an Army, and impose Assessments and Contributions by Ordinances, unanimously voted by them, against which no Lover of his Country, or Religion, no nor yet the greatest royalist, or Malignant, can with the least shadow of Law or Reason, justly except. Eightly, If they shall now demand what Precedents there are for this? I Answer: First, That the Parliament being the Sovereign Power and Counsel in the Realm, is not tied to any Precedents, but hath power to make new Precedents, as well as new Laws, in new Cases and mischiefs; where there are no old Precedents, or vary from them though there be ancient ones, if better and fitter Precedents may be made; as every * Cook 4. Rep. f▪ 93, 94. Ash. Title sidents. Court of Justice likewise hath Power to give new Judgements, and make new Precedents in new Cases, and may sometimes swerve from old Precedents, where there were no ancient Precedents to guide them; even as Physicians invent new Medicines, Chirurgeons new Emplasters for new Diseases, Ulcers, or where old Medicines and Balsams, are inconvenient, or not so proper as new ones. And as men and women daily invent and use new Fashions at their pleasure, & Tradesmen new Manufactures without licence of King or a Parliament, because they deem them better or more comely than the old. Secondly, I might demand of them, by what old domestic lawful Precedents, His Majestis departure from the Parliament, His Levying War against it, His proclaiming many Members of it, l See the Remonstrance of the rise and progress of the Irish Rebellion and Rome's Masterpiece. Traitors, and now all of them Traitors and no Parliament; His unvoting of their Votes in Parliament, out of Parliament; His imposing of Taxes and Contributions in all Countries where His Forces are, beyond men's estates, and annual revenues; His burning, sacking, pillaging, murdering, ruining, of His own Kingdom, Subjects, both by Sea and Land, and putting them out of His regal Protection; His raising of an A●my of English, Irish, Scottish, French, and German Papists to maintain and settle the Protestant Religion among us, (which they have plotted totally to extirpate; as appears by their proceedings in Ireland, England, and the late plot discovered among the Archbishop's Papers) and the like, are warranted? (which questions I doubt would put them to a nonplus, and silence them for eternity:) yet to satisfy their importunity, and stop their clamorous mouths; I shall furnish them in brief, with some Precedents in point in all States, and Kingdoms of note informer in latter times, and in our own Realm too; In all the civil wars between Kings and Subjects, in the Roman and German Empires, France, Spain, Arragon, Castille, Hungary, Bohemia, Poland, Denmark, Scotland, and other Kingdoms mentioned in the Appendix; They shall find that the general Assemblies of these States, Lords & Commons, without their Emperors or King's assents, did both raise Forces, impose Taxes, yea, and seize on the Imperial and Royal Revenues of the Crown to support their wars, against their Tyrannical oppressing Princes. In * See Metranus and Grimst●ns general History of the Netherlands. Flaunders heretofore, and the Low-Countries of Late years, th●y have constantly done the like; as their Excises long since imposed, and yet on foot by common consent (without the King of the Spain's good liking) to preserve their Liberties, Religion, Estates, from the Spanish Tyranny, witness; which every one willingly at the very first imposition, and ever since hath readily submitted to, being for the public preservation. The like hath been done in former ages, and within these five years in the Realm of Scotland; the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England, who have laid Taxes upon * See the Relation and proceedings of the Irish Assembly at Kilkenny. The Parliaments Remonstrance of the rise and progress of the Irish Rebellion. all Ireland, and all the Romanists in England, for the maintenance of this present Rebellion; and yet neither King, nor his Counsel, nor Royalists, nor Malignants (for aught I can read or hear) have ever so much as once written or spoken one syllable against it, when as many large Declarations, Proclamations, Inhibitions in His Majesty's Name, and at least forty several Pamphlets have been published by Malignants against this Assessment of the Parliament, and the Levying, or paying thereof, strictly prohibited under pain of high Treason; such a grand difference is there now put by the Royal Court-partie (to the amazement of all intelligent men) between the Irish Rebels, (now the King's best Subjects as it seems) who may do what they please without censure or restraint; and the English (now unparliamented (Parliament, though perpetuated by an Act of Parliament) who may do nothing for their own, or the Kingdom's safety, but it must be high Treason at the least O temporâ ô mores: Quis talia fando temp●ret a lachrymis? Add to this, * See the Irish excise. That the Lords justices and Council in Ireland, the twenty nine of june, 1643, have without authority of Parliament or King, for their present necessary defence, against the Popish Rebels there, imposed an Excise upon most commodities in that Realm, here lately Printed; which no man can deem Illegal in this case of absolute necessity. But to come close home unto ourselves; who is there that knows aught in history and policy, but must needs acknowledge, That the Britain's and Saxons wars of this Realm, against their oppressing Kings, * See Part 1. p. 7, 8, 9 etc. Archigallo, Emerian, Vortig●rne, Sigebert, Osred, Ethelred, B●ornard, Leow●lfe, Edwine, (whom th●y deposed for their Tyranny and misgovernment;) That our Barons long-lasting bloody wars against King john, Henry the third, Edward the second, Richard the second, and others forementioned; were maintained by public Assessments and Contributions made by common consent, even without a Parliament, and with the Revenues and Rents of the very Crown, which they seized on, as well as the Castles and Forts? This being a true rule in Law, Qui sintit commodum, sentir● debet & onus; All the Kingdom had the benefit, of regaining, preserving, establishing their Fundamental Charters, Laws, Liberties, by those wars; therefore they deemed it just, that all should bear a share in the charge and burden, by voluntary Assessments without King or Parliament. During the absence of King Edward the third in France; The a 14 E 3▪ c. 20, 21. 〈◊〉 rec. p. 2, 3, 4, 5. Lords and Commons in Parliament, for the defence of the Realm by Sea and Land, against foreign Enemy's; granted an aid of the ninth Sheaf, Lamb, and Fleece, besides many thousand Sacks of Whole, and the ninth part of other men's Estates in Towns and Corporations, and disposed both of the Money and Militia of the Realm, for its defence, as you heard before: The like did they during the Minorities of King Henry the third, King Richard the second, and King Henry the sixth, as the premises evidence, without those King's personal assents. b Matthew Pa●is. p 952. 953. Speed. p. 636. Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans, and foreigners, to aid his Brother, King Henry the third, against the Barons; thereupon, the Barons sent out a ●leet to encounter them by Sea, and prepared a strong Army of Horse and Foot by Land, that if they prevailed against them at Sea, (which they feared not,) yet they might valiantly and constantly entertain and repulse them, on the shore and dry Land; which the King of Romans being informed off, disbanded his forces, and came over privately with three Knights only attending him. This was done without the King's assent, and yet at public charge. When c R●ge● H●veden, Annal. part. past, p. 726. Dunial. p. 121. King Richard the first was taken prisoner by the Emperor in his return from the holy Land, by Authority of the King's Mother, and the King's justices alone (without a Parliament) it was decreed, that the fourth part of all that years Rents, and of all the moveables, as well of the Clergy, as of the Laity, and all the Woo●●des of the Abbots of the Order of the Cistersians, and of Semphringham, and all the Gold and Silv●r Chalices, and Treasure of all Churches should be paid in, toward the freeing and ransom of the King; which was done accordingly. If such a tax might be imposed by the Queen Mother, and Justices only, without a Parliament, for ransoming the King alone from imprisonment, may not a tax of the twentieth part only of men's estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King, for the defence and preservation, both of the Parliament and Kingdom to, when hostily invaded by the King? In few words, the King and his Council, yea his very Commanders▪ (without his special Commission or advice) have in many Countries imposed large monthly, weekly Contributions and Assessments on the People, beyond their abilities and estates; yea, upon the very Speaker and Members of the Commons, and Lords House, (notwithstanding their Privileges of Parliament, which they say they will maintain) to the utter impoverishing, and ruining of the Country; yea, they have burned, sacked, plundered, many whole Towns, Cities, Counties, and spoiled thousands of all they have, contrary to their very Promises, Articles, Agreements, which they never faithfully observe to any in the least degree; and all this to ruin the Kingdom, People, Parliament, and Religion; yet they justify these their actions, and the Parliament, People, must not control, nor deem them Traitors to their Country for it: And may not the Parliament then more justly impose a moderate in-destructive necessary tax without the King, for the Kingdoms, Religions, and People's defence and preservations, against their barbarous Taxes, Plunderings, and Devastations, than the King, or his Commanders, Soldiers play such Rex, and use such barbarous oppressions without, yea against the Parliaments Votes and consents? Let them therefore first cease their own most detestable unnatural, inhuman practices, and extortions of this nature, and condemn themselves, or else for ever clear the Parliament, from this unjust Aspersion. The last Objection Object. 7. against the Parliament is, That they have Illegally imprisoned, restrained, plundered some Malignants, and removed them from their habitations, against Magna Charta, the Fundamental Laws forenamed, and the Liberty of the Subject, contrary to all Precedents in former Ages. To which I answer, First, Answ. 1. That the Objectors and King's party are far more guilty of this crime, than the Parliament, or their Partisans, and therefore have no reason to object it, unless themselves were more innocent than they are. Secondly, For the Parliaments imprisoning of men pretended to be against Magna Charta: I answer first, That the Parliament is not with in that or any other Law against imprisonments, as I have formerly cleared; Therefore is not obliged by it, nor can offend against it: Secondly, That it hath power to imprison, restrain the greatest Members of their own Houses * See Cromptons' jurisdiction of Courts, f. 7, 8, 9, 10. Hollinshead. p. 1584. Ferrer Cas●, Dyer. 275 39 E. 3. 7. 8. H. 4. 12, 13. , though privileged men, exmept from all other arrests; and public persons representing those that sent them thither: Therefore much more may they imprison, or restrain, any other private persons, notwithstanding Magna Charta. And the Parliament being the supremest judicaturo paramount all other Courts, their commitments can not be Legally questioned, determined, nor their prisoners released by Habeas Corpus, in or by any other inferior Court or Judicature whatsoever. 3. The Parliament hath power to make new Laws for the temporal and perpetual imprisonment of men, in mischievous cases, where they could not be imprisoned by the Common Law, or any other Act before or since Magna Charta; and so against the seeming letter of that Law which extends not to the Parliament; and what persons they may restrain, imprison by a new enacted Law, though not restrainable before by a Magna Charta, or the Common Law, without breach of either, they may whiles they sit, in case of public danger, restrain, imprison, by their own Authority, without, or before a new Law enacted. In how many new Cases, by new Statutes made since Magna Charta, the Subjects may be lawfully imprisoned, both by Judges, Justices, Majors, Constable, and Inferior Courts or Officers; whereas they could not be imprisoned by them, by the Common Law, before these Acts, without breach of Magna Charta, and violating the Subject's Liberties, you may read in the Table of Rastals Abridgements of Statutes, and in Ashes Tables. Title Imprisonment, and False-Imprisonment; Yea, by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Marry, cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts, perpetual imprisonment, during life, is inflicted in some cases, for which no imprisonment at all could be prescribed before these Acts, and for crimes, for which the parties were not formerly punishable; yet for the public weal, peace, safety, and prevention of private mischiefs, even against the Letter (as it were) of the great Charter the Parliament hath quite taken away all liberty, the benefit of the Common Law, and of Magna Charta itself, from parties convicted of such offences, during their natural lives; and if they bring an Habeas Corpus in such cases, pretending their perpetual imprisonment, and these latter Laws to be against Magna Charta, they shall notwithstanding be remanded and remain prisoners all their days, because the Parliament is above all Laws, Statutes, yea Magna Charta; and may deprive any Delinquents of the benefit of them, yea, alter or repeal them, for the common good, so far as they see just cause; Though neither the d Fortescue, l. 1 c. 9, 10. 14, 15 Cromptons' Iurisdict f. 14. 11 H. 4. f. 73. 76. Brooke Paerag. 15. King, nor his Counsel, nor judges, nor any Inferior Officers, or Courts of justice, have any such transcendent power, but the Parliament alone, to which all men are parties, really present, and allowing all they do; and what all assent to, decree for the common good and safety, must be submitted to by all particular persons, though never so mischievous to them; this being a Fundamental Rule even in Law itself e Littleton and Cook Institutes 1 H. 7. 15 a 17. b. 21 H. 7. 8. a. , That the Law will rather suffer a private mischief, than a general inconvenience. Seeing then the Parliament to prevent public uproars, sedition, treachery, in or against the Kingdom, Cities, Houses, or Counties, where factious persons live, hath thought meet to restrain the most seditious Malignants, (especially these about London and Westminster where they sit) and to commit them to safe custody, till they receive some good assurance of their peaceable behaviour; they must patiently suffer their private restraints for the common safety, tranquillity, till the danger be past, or themselves reform; who if they reform not their own malignity, not the Parliaments cautelous severity, themselves must be blamed, since they detain themselves prisoners only by not conforming, when as the Parliament desires rather to release, then restrain them, if they would be regular; and so they must blame themselves alone, not clamour against the Houses. All Leprous persons by the f Levit. 13. & 14. levitical and g Register. par. 1. f 267. Fitz. Nat. Bre. f 234. Common Law, were to be sequestered and shut up from others, lest they should infect them; and so all persons visited with the Plague by late h 1 jac. c 31. Statute Laws may be shut up, without breach of Magna Charta. Why then not Malignant, seditious ill affected persons, who infect others in these times of Commotion and Civil Wars, as well as Lepers and Plague sick persons, removed into Pest-houses, for fear of spreading the Infection upon the selfsame grounds, by the Houses Authority? The Parliament by an Ordinance, Act, or Sentence, hath Power to banish men out of the Kingdom in some cases (which no other Court, nor the h See Magna Char c 29. Cooks 1 ●●titute● on L●●●-leton. f ●33 a. b Cook. Ibid. King himself can lawfully d●, as was expressly resolved in Parliament, upon the making of the Statute of 35. Eliz. cap. 1.) as is evident by the case of Thomas of Weyland, An. 9 E. 1; Of i See Wa●lsing. Da●●d, S●eed, 〈◊〉 ●●n, in the 6. & 7, E 2. h● rec. p 1 p 20. 21, 22. Ex●●lium ●ugoas 〈◊〉. 15 E. 2. 1 E. 3. cap 2. ●●a●sing. hist. Ang. ●●366 ●●podig. Neust. p. ●●2. Holing p. 328. Speed, p. 674 Peirce Gav●ston and the two Spencers in King Edward the second his reign. Of the Lord k 10. E 3● 53. Cocks Instit. f. 132 ● Maltravers in Edward the third his reign; Of l Walsingham, Speed, Grafton, Trussel H●ling. in 10 and 11 R. 2. 1 H. 4 6 1. b. ● H. 4 6 7. a. 31 E. 1. C●i invita 31 Belknap and divers, over judges in the 10 and 11 years of Richard 2. his reign, by the Statutes of 33. El. c. 1. Separatists, and of 39 El. c. 5. Rogues are to be banished: and in m Regist fol. 312. b Cooks. Instit. f 133. Calais heretofore, a woman might be justly banished the Town for adultery; and a scold at this day after three convictions is to be banished out of Westminster, and rowed over the Thames from thence through the water at the tail of a Boat, for the quiet of the City. Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harm, till the wars and troubles be ended, or themselves reclaimed. Fifthly, By the m Regist fol. 312. b Cooks. instit s 133. Common and Staetute Law of the Realm, yea by n See Part. 2 p. 16 ●7. Fitz. Aid l● Rey. 43 65 57 70 71. 76. 93. 98 1. H. 5. c 7 7. H 7. c. 6. 2. & 3. Ph. & Mar. c. 1. (See 4. jac. c. 1.) Magna Charta itself, cap. 30. the Lands, Rents, Goods, and Persons of Priors, and other aliens, Merchants, or others, residing in England may be, and have been usually seized on, and secured, or else their persons banished the Realm, and lorders of England, during the wars with others of that Nation, lest they should assist them in the wars with their Estates, persons, or intelligences, or betray the Kingdom, or places where they resided to the Enemy; And upon this ground by the express Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7, 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish, Britain's, Welshmen, and Scots, because we had frequent Warre● with them, were not permitted to purchase either Houses or Lands, or to remain in any Fort, Town, or City, near the Borders of Scotland, or W●l●s, but banished thence, and their Goods. and persons, seized on in times of war, to prevent treachery, intelligence, and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms, (as well as in England,) ●y the very Law of Nations, as just and necessary in times of wars; as Martinus Laudensis de Repraesaliis & de Bello, Henricus Ranzovius his Commentarius Bellicus, Geergius Obbr●ctus: Disput: juridica de Bello, Henricus Boe●rus de jure Pr●gnae, Hugo Grotius, & Albericus Gentilis, in their Books de jure Belli, and all Historians evidence: Therefore lawful for the Parliament to practise at this present, as well as the King, or any others. Sixthly, In times of Foreign Invasions▪ the Parliament hath enjoined all Inhabitants near the Seacoasts or Marches of Scotland and Wal●s, to repair to their Houses and Lands ther●, with all their Families, for the defence and safety of the Realm, under pain of imprisonment, and confiscation of their Goods, and Revenues there, and elsewhere, as is evident by 13. E. 3. nu. 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the * 35. Eliz c 2 3. jac. c. 3, 4, 5. Statutes confining Papists, to their Houses, and sundry other Precedents. Therefore by like reason they may confine Malignants in times of war, for the public peace and safety, and disarm them to for a time; a, Constables may by the Law, disarm and imprison peace-breakers, fray-makers, riotors, and others to prevent bloodshed, quarrels, and preserve the public peace. Thirdly, For the plundering of Malignants, and sequestering their Estates; I answer, that, I think the Parliament never yet approved the plundering (or in plain English, robbing) of any man, by any of their forces; they having plundered no places taken by assault, for aught I hear; though the King's forces on the contrary, have miserably plundered all the Kingdom almost, (except the Papists who are most exempted from this rapine, and some few, chief Malignants,) yea, those very Persons, Soldiers, Cities, Towns, which by their very Articles of surrender, were not to be plundered; (witness, Taunton, Bridgewater, Bristol, Gainsbo●ow, where many have been pillaged to their naked skins, notwithstanding their Ariticles of agreement, solemnly sworn, to depart quietly with bag and baggage, without interruption, and the Towns to be free from plunder) contraty to the very * Alber. Gent. de jure Belli, l. 3. and Hugo Grotius, de jure B●li. l 3 cap 9 10. 11. etc. Law of war, and Arms; which may instruct all others not to trust them henceforth. If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons, more than by seizing, of their Arms, distraining their Goods for imposed Assessments; or sequestering their Plate, Monies, Estates, for the public service upon promise of repayment and restitution; I know the Houses have publicly, by express Ordinances, inhibited, disavowed the fact, and exposed the disorderly Delinquents to condign punishments, even to the loss of their lives, if any please to prosecute them by way of indictment or Marshal Law. For my part I abhor all violence, plunder, rapine, and disorders in Soldiers, as contrary to the Law of God, Obadiah 10. to 16. Luke 3. 14. and leave those who are guilty of them to the severest public justice, as offenders against the o See Albericus Gentilis, de lur● Belli, l. 2. c 16. 2. 3. l. 3. c. 2 & 19 Hugo Gretius, de jure Belli, l. 3. c. 11. to 23. Law of Nature, of Nations, of the Land, yea, of War itself: But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Soldiers, which they prohibit, detest, censure; more than the King with all the barbarous rapes, murders, cruelties, rapines, and monstrous insolences, which his Cavaliers every where perpetrate without punishment or restraint; especially the bloodthirsty Irish Popish Rebels among them: who having shed so much English Protestant's blood in Ireland, ere they came over hither, of which they vaunt, is such an high dishonour to God, and the English Nation, if their own blood be not shed for it by the hand of vengeance here; that I wonder with what face or spirit, His Majesty or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English blood, or breath in English air, who have cut the throats of so many thousand innocent English, both here and elsewhere, and are like to cut all our throats ere long (as they have designed) unless their throats be first cut by us. But yet for the plundering of such Malignant's goods, and houses, who are opposite to the whole Kingdom and Parliament, and will not join with them in the common cause, which concerns us all; as it hath sundry p See Part. 1. p 22. Part. 2. p. 18, 19, 0 Fabian. part. 7. p. 78 92. patterns in the Baron's Wars, against the Poictovines and their faction, in Henry the third his reign, and after wards against the Spensers, in Edward the second days formerly touched; so it hath one observable general resolution of the whole body of the Lords and Commons, warranting it in King john's reign, even then when they all took up Arms to enforce him to confirm the great Charter itself, which our Opposites cry out to be violated by the Parliaments moderate seizures, only by way of distress or sequestration: q Matth. Paris, Hist. p. 243. to 255. Daniel p. 142, 143, 144. Part. 1. p 9, 10. For the Barons, Knights, and Commons, with their whole Army being met together in London, which joined with them to gain this Charter from the King; sent from thence Letters to all the Earls, Barons and Knights throughout England, who seemed (though but feignedly) to adhere to the King, exhorting them with this Commination; That as they loved the indemnity of their Goods, and possessions, they should desert a perjured King, and adhering faithfully to them, should with them inviolably stand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, th●y would with force of Arms, and Banners displayed, MARCH AGAINST THEM AS PUBLIC ENEMIES, SUBVERT THEIR CASTLES, BURN THEIR HOUSES AND EDIFICES, AND NOT CEASE TO DESTROY THEIR PONDS, PARKES, AND ORCHARDS. Whereupon all the Lords, Knights, and People, deserting the King, who had scarce seven Knights i● all left with him, confederated themselves to the Barons in the Common Cause. (wherein to be a Neuter, was to be an enemy, and no member of the politic body, in which all were equally engaged.) Whereupon the King thus deserted by all condescended speedily to their demands, and confirmed the great Charter much against his will. A very apt Precedent for these times, which would make the people more unanimous, faithful, and courageous for the Common Cause, if but imitated in the commination only, though never put into actual execution; he being unworthy once to enjoy any privilege of a freeborn Subject in the Kingdom, who will not join with the Parliament and Kingdom, to defend his Liberty, and the Kingdoms privileges, in which he hath as great a common share, as those who stand, pay, and fight most for them. It is a good Cause r Cook 11 Repub. f 97, 98, 99 james Bags Case. of disfranchising any man out of any City, Corporation or Company, and to deprive him of the Privileges of them, if he refuse to contribute towards the common support, defence, or maintenance of them, or join in open hostility, contributions or suits against them. There is the same and greater reason of the general City and Corporation of the whole Realm, to which we are all most engaged; and therefore those who refuse to contribute towards the defence and preservation of it, if able; or by their persons, purses, intelligence, or counsel, give any assistance to the common enemy against it, deserve to be disfranchised out of it, to have no privilege or protection by it, and to be proceeded against as utter enemies to it, Christ's rule being here most true, s Matth 12. 30. He that is not with me, is against me; and he that gathereth not with me, scatter●th abroad. The t Ciero de Officiis, l 1, 2. Aristot, Polit. l. 1. Commonwealth of which we are members, hath by way of original contract for mutual assistance and defence (seconded by the late Protestation and Covenant) a greater interest in our Persons, and Estates, than we ourselves, or the King; and if we refuse to aid the republic, of which we are members in times of common danger, with our Persons, Abilities, Goods; or assist the common enemy with either of them; we thereby betray our trust and fidelity, violate our Covenants to the Republic, and expose our bodies to restraint, our estates to confiscation, for this most unnatural treachery, and sordid nigguardlinesse (as well as for Treason, Felony, or other more petty injuries against the State, or humane society, made capital by the Laws) most justly, for the public service of the State, which hath a general Sovereign Interest in them in all times of need, paramount our private Rights, which must always submit to the public: and lose all our formerly enjoyed Privileges, either of Laws, Liberties, or freeborn Subjects, if we refuse to defend, or endeavour to betray them, as the Laws and common practice of all Nation's evidence. In the u See Part. 2. p. 16. to 24. Baron's wars against King john, Henry the third, and Edward the second, in defence of their Liberties, and Laws, they seized upon the Castles, Forts, and Revenues of the Crown, and upon the Monies, and Goods of the x Fabian. part. 7. p 78. Prior's aliens, and malignant Poictovines, which they employed in the Kingdom's service y Matth. Paris p 943. Eodem tempore Castellanus de Dovera, Richardus de Grace, vir fidelis & strenuus, qui ex parte Baronum ibidem constituebatur, omnes transeuntes & transituros, diligenter considerabat, cuncta prudenter perscrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictaviensibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THE SAURUS MAXIMUS, de cujus quantitate audientes mirabantur, quem reposuerunt Pictavienses memorati, licet contradicentes reniterenter Hospitelarii, CAPTUS cst; AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS, writes Rishanger the continuer of Matthew Paris; a good Precedent for the present times: After which the z Matth. Par●● hist. Angl p. 959. Graston, p. 140, 141. Barons banished all the Poictovine Malignants, who miscounselled and adhered to the King, out of England, Anno 1260; who Anno 1261. were all banished out of London, and other Cities, and Forts. * Matth. Paris, hist. Angl. p 380. An. 1234. The Earl Martial having routed John of Monmouth his forces (which assisted King Henry the third against the Barons) in Wales, he wasted all the said John's Villages and Edifices, and all things that were his, with sword and fire, and so of a rich man, made him poor and indigent. In the very Christmas holy-days, there was a grievous war kindled against the King and his evil Counsellors. For Richard Suard conjoining other Exiles to him, entered the Lands of Richard Earl of Cornwall, the King's brother, lying not far from Behull, and burned them, together with the Houses, and the Corn●, the Oxen in the Oxstalls, the Horses in the stables, the Sheep in the Sheep-cots: they likewise burned Segrave the native solely of Stephen, justiciar of England, with very sumptuous Houses, Oxen, and Corn; and likewise brought away many horses of great price, returning thence with spoils, and other things. They likewise burned down a certain village of the Bishop of winchester's, not far from thence, and took away the spoils, with other things there found. But the foresaid Warriors had constituted this laudable general rule among themselves, that they would do no harm to any one, nor hurt any one BUT THE WICKED COUNSELLORS OF THE KING▪ by whom they were banished; and those things that were theirs, they burned with fire, extirpating their Woods, Orchards, and such like by the very Roots. This they did then the facto; * See 2. R. 2 c. 7. 1. H. 5. c. 6. 2. H. 5. c. 8. de Jure, I dare not approve it, though in Cases of Attaint and Felony, the very Common Law to terrify others, giveth sentence against perjured Juries, Traitors, and Felons, in some Cases, that their houses shall be razed to the ground, their Woods, Parkes, Orchards, Ponds, cut down and destroyed; their * A 4. Ass. 2 6. ●ss. 7. 30. Ass. 24 50. Ass 4. 6. E. 4. 5. Fitz. Attaint. 14. Meadows, and Pastures, ploughed up and defaced, though not so great Enemy's to the State, as evil Counsellors. * Matth. Paris, p. 961. Anno 1264. the forty eight years of Henry the third his reign; The King keeping his Christmas with the Queen, Richard King of Romans, and many others at London, Simon Montford the Captain of the Barons at the same time, preyed upon the Goods of these who adheared to the King, and especially those of the Queen's retinue, brought by her into England, whom they called Aliens. Among others, some of the Baron's forces took Peter, a Burgundian, Bishop of Hereford, in his Cathedral Church, and led him prisoner to the Castle of Ordeley, and divided his treasure between themselves; and took divers others of the King's party prisoners. Who thereupon fearing lest he should be besieged in the Tower by the Baron's army, by the mediation of timorous men, be made peace with the Barons for a time; promising inviolably to observe the Provisions of Oxford, that all the King's Castles throughout England, should be delivered into the custody of the Barons; that all Aliens within a certain time should void the Realm, except those who should be thought faithful thereunto by the unanimous consent of the Kingdom, and that faithful and profitable natives of the Realm, should thenceforth dispose of the affairs of the Kingdoms under the King. But THE QUEEN instigated with feminine malice, contradicted it all she could, wh●ch made the people revile, and cast dirt and stones at her, as she was going to Windsor, enforcing her to retire again to the Tower. How William Long shamp Bishop of Ely, Lord Chancellor of England, Earl john, and others, when they disturbed the peace of the Realm, and turned Malignants, were apprehended, besieged, imprisoned, excommunicated, and their Goods, and Castles, seized on by the Lords and Commons, out of Parliament, yea, during the time of King Richard the first his absence and captivity, you may read at large in * Annal. pars posterior p. 702. 703. 705 706. 734 735. Roger de Hovedon, * In the life of Richard the first. Holinshed, Daniel, and others. Why then the Lords and Commons in Parliament may not now much more do the like, ●or their own, and the whole Kingdom's safety, I can yet discern no shadow of reason. I will not trouble you with Histories, showing what violent unlawful courses, Kings and People have sometimes used to raise monies in times of war, by sacrilege, rapine, and all manner of indirect means; I rather wish those Precedents, and their occasions, buried in eternal silence, then reduced into practice; and verily persuade myself, that every ingenuous true born Englishman, who hears a real natural affection to his Country, or a Christian love to his Brethren, the Parliament, and Religion, will according to his bounden duty, the Protestation, and Covenant which he hath taken, rather freely contribute his whole estate, if need so require, towards the just defence of his Country, Liberty, Religion, and the Parliament, against the treacherous Conspiracies of the Pope, Jesuits, foreign Catholics, Irish Rebels, English Papists, and Malignants, who have plotted their subvertions, then repine at, or neglect to pay any moderate Taxes, which the Parliament shall impose, or enforce the Houses to any extraordinary ways of Levying Monies, for want of ordinary voluntary supplies, to maintain these necessary defensive wars. I shall close up all in a few words. The Parliament hath much against their wills, been enforced to this present defensive war, which they have a most just, and lawful power to wage and manage (as I have * See Part 2. and 3. elsewhere evidenced) by the Fundamental Laws of the Realm, yea, by the Law of God, of Nature, of Nations This war cannot be maintained without Monies, the sinews of it; wherefore when voluntary contributions fail, the Houses may by the same Laws which enabled them to raise an Army without the King, impose necessary Taxes for the maintaining of it, during the wars continuance, else their Legal power to raise an Army for the Kingdom's defence, would be fruitless, if they might not Levy Monies, to recrute and maintain their Army, when raised: which Taxes if any refuse to pay, they may for this contempt, be justly imprisoned, as in cases of other Sud●idies; and if any unnaturally war against their Country, or by way of intelligence, advise, or contribution, assist the common Enemy, or s●duce, or withdraw others (by a factious slanderous speeches against the Power and Proceedings of the Parliament,) from assisting the Parliament in this kind, they may for such misdemeanours (upon conviction) be justly censured, confined, secured, and their estates sequestered, rather than the Republic, Parliament, Religion, or whole Kingdom should miscarry: It is better that one should perish, than all the Nation; being the voice * John 11. 50, 51. c 18. 14. of God, Nature, and resolution of all Laws, Nations, Republikes, whatsoever. If any heretical, schismatical, or vicious persons, which may poison others with their pernicious false doctrines, or vicious wicked lives, appear in the Church, they may after admonition, if they repent not, yea, and de facto, are, or aught to be * 1 Cor. 5. 1 Tim 1. 20. Fitzh 〈◊〉, Brook and Ash, Title Excommengment. Summa Angelica, Rosella and others, Tit. Excommunication. excommunited, the Church, and society of all faithful Christians, so as none may, or aught to converse with them till their repentance. If this be good Law and Divinity in the Church; the banishing and confining of pestilent Malignants in times of war, and danger, must by the selfsame reason be good Law and Divinity in the State. ●I have now (by God's assistance) notwithstanding all distracting Interruptions, Avocations, Remoraes' encountering me in this service; ran through all Objections of moment, which the King, or any opposites to this Parliament, have hitherto made against their proceedings, or jurisdictions; and given such full answers to them, as shall, I trust, in the general, abundantly clear the Parliaments Authority, Innocency, Integrity, against all their clamorous malignant Calumnies, convince their Judgements, satisfy their consciences, and put them to everlasting silence, if they will without prejudice or partiality, seriously ponder all the premises, and ensuing Appendix, which I have added for their further satisfaction, information, conviction; and the confirmation of all forecited domestic Laws, Precedents, by foreign examples and authorities of all sorts. And if any shall yet continue obstinate and unresolved after so many convincing Reasons, Precedents, Authorities, or still retain an ill opinion of the Parliaments proceedings; I shall desire them only seriously to consider, the most execrable conspiracy of the Pope, Jesuits, and Popish party in all His Majesties three Realms to extirpate the Protestant Religion, subvert the Government, Parliament, and poison the King himself, (if he condescend not to their desires, or cross them in their purposes,) whom they have purposely engaged in these wars, still continued by them for this very end, to enforce the King to side with them, and so gain possession of his person, to accomplish this design of theirs, (as is clearly evidenced to all the world, by Rome's Masterpiece, the English Pope, the Declaration of the Lords and Commons, concerning the Rise and Progress of the Irish Rebellion,) and then advisedly to consider in what great present danger the Kingdom, King, Parliament, and Religion are, when the Popish Party, and forces now in Arms have gained the Kings, Princes, and Duke of York's persons into their custody, the Cities of Chester, and of late Bristol, the Keys of England, with other Ports, to let in all the Irish Rebels upon us, to cut our throats in England, as they have cut above an hundred and forty thousand of our Protestant brethren's throats already in Ireland, it being one part of their design, now presently to be executed, as appears by sundry Examinations in the Irish Remonstrance; for which end, some thousands of Irish Rebels (who have all embrued their hands there in English blood,) are already landed here, and are in great favour and command about the King; To which, if they add the omnipotent overruling power of the Queen (the Head of that party) with the King, and his Council, in disposing all Officers, all places of command and trust under him: The Confederacy and Contributions of foreign Popish States, to maintain this war to ruin the Parliament, Kingdom, Religion, and re-establish Popery in its universal extent; with the large of progress the Papists have lately made in Ireland, Scotland, and England, to accomplish this their long-agitated Conspiracy; and the late strange proceedings in Ireland, where the best Protestants are displaced, disgraced, restrained; the Popish Rebels advanced, and a truce negotiated, if not fully concluded with the Rebels, to the end that all their forces may be speedily transported hither to ruin our Religion, and cut all our throats (enough to awake the most stupid English spirits, and rouse them, up to a speedy unanimous resolution to unite all their purses, and forces to the Parliament, against the Popish Conspirators, and these bloody Butchers now ready to devour us:) and then I doubt not, if they have any true love to God, Religion, King, Country, themselves, or their Posterities, they will soon change their former opinions and practices against the Parliaments just proceedings and join hearts, hands, forces, yea, their uttermost endeavours with them, to prevent and ward off that imminent destruction which now hangs over our heads, and will in short time wholly ruin us, if God open not our eyes, and unite not all our hearts and minds unto the Parliament, with one unanimous resolution to oppose these cursed Confederates, who have plotted, occasioned all these wars and miseries, under which our Kingdoms now groan and languish; which long plotted Treachery in humane probability can no ways be prevented, nor a settled peace, and Reformation established, but with the total suppression of the Popish party now in Arms, and by rescuing His Majesty's person, Children, forces out of their traitorly hands and power, whose death they have conspired long ago, if he refuse to grant them an universal open toleration of their Antichristian Religion, in all His Kingdoms, and then to seize upon the Prince, and train him up in their Religion; which how easy it is for them to effect, now they have the King, Prince, Duke, the King's Forts, his Forces in their power, yea potent Armies of their own in the field here, and such a force of Irish Rebels now ready to be shipped over to Chester, Milford, and Bristol, for their assistance, and enforcement, to overpower the Protestant party in the King's Armies, no understanding man can without fear and trembling, consider. O then, if ever we will show ourselves faithful, valiant, courageous, magnanimous, bountiful, really cordial, and loyal to our King, Kingdoms, Country, Parliament, Religion, Laws, Lives, Liberties, Kindred, Families, Posterities; Let all who profess themselves Protestant's lay aside all causeless jealousies and prejudices against the Parliament, or any others; and now speedily unite all their Prayers, Hearts, Hands, Purses, Forces, Counsels, and utmost endeavours together, to defend, secure them all against these foreign and domestice Jesuitical Romish Confederates; and if any prove traitorous, fearful, cowardly, unfaithful, base, or faint-hearted in this public Cause, as too many, (who deserve to be made spectacles of treachery and cowardice to posterity, and cannot without injustice or dishonour to the Parliament and Kingdom, be suffered to scape scot-free, without severe exemplary punishment,) have done, to their eternal infamy, and betraying of their Country; the present generations shall abhor them, posterity curse, and declaim against them, as most unnatural Monsters, unworthy to breath in English air, or enjoy the name, the privileges of English men, or Protestants. There is a double kind of Treachery in Soldiers, both of them adjudged Capital. The first proceeds from a sordid pusillanimous fear, unworthy the spirit of a Soldier: and this is Capital, both by the Civil and Common Law. By the * D. L. omne delictum 6● s●ct. qui in acie Rebuff●sin L. liberorum sect. etenim. Henricus Bocerus, lib. 1. de Bello, cap. 13. p. 49, 50. Civil Law; The Soldiers who first begin to fly, or but fain themselves sick, for fear of the Enemy, are to be adjudged to death for t●is their cowardice. Yea Lacaena and Dametria, two magnanimous Women, slew their timorous sons, who fled basely from the battle, with their own bands, disclaiming them as degenerous Brats, and not their sons; the latter of them inscribing this Epitaph on her son's Tomb. Hunc timidum Mater Dametriam ipsa peremit, Nec dignum Matre, nec Lacedaemonium. Indeed * Diodorus Sic●dus Bibl. hist. l. 12. sect. 15, 16. p● 420. Charondas and the Thurians, enacted, That cowards who basely fled or refused to bear Arms for their Country's defence, should set three days one after another in the open Marketplace, clad in Woman's apparel; (a punishment far worse than death itself, writes Diodorus Siculus) where as all other Lawyers made it Capital; yea, our * See Her● part. 2. p. 24. Common Law adjudgeth it Treason: Witness the notable Cases of G●mines and Weston, 1. R. 2. num. 38, 39 who were adjudged Traitors in Parliament for surrendering two Castles in France, only out of fear, when they were strongly besieged, and battered, sooner than they needed, without any compliency with the enemy: The Case of * Walsingham. hist. Angl. pag. 337. john Walsh Esquire, accused of high Treason in Parliament against the King and Kingdom, for yielding up the Castle of Cherburg in France, to the enemy, when as be might have defended it. And the Case of * Dani●ls hist. p. 81. Henry Earl of Essex, in the second year of Henry the second, accused of high Treason, by Robert de Monfort, and vanquished by him in a Duel, waged thereupon; for throwing down the King's Standard (which he bore by inheritance) and flying, in passing a strait, among the Mountains, when fiercely encountered by the Welsh. For which, though his life was pardoned, yet he was adjudged to be shorn a Monk, put into the Abbey of Reading, and had his Lands seized into the King's hands. And as for * D. l. 3. sect, is qui ad hostem. Henricus B●ce●us de Bello. l. 1. c. 13. p. 48. treacherous revolting to, or delivering up Castles to the Enemy, it is Capital, and high Treason by all Laws, and so the resolved in Parliament, 3. R. 2. in the Case of * Walsingham. bist. Angl. p. 245, 246. See Rastall. Captains and Soldiers. Cook 6. Rep. f. 27. Thomas Ketrinton Esquire, accused of high Treâson by Sir John Ann●sley Knight, for delivering up the Castle of Saint Saviour in the Isle of Constantine, to the French, for a great sum of Money, when as he neither wanted provisions, nor means to defend it. As for those unnatural Vipers, and Traitors, who shall henceforth (after this discovery) join with the Popish Conspirators, to ruin their Religion, Country, and the Parliament, for private ends, as * The general History of Spain, l. 5. p. 153, 154. Count julian the Spaniard joined with the Moors, An. Dom. 713. whom he brought into Spain, his native Country, furiously pursuing his own private injury with the Ruin of the public. I shall only bestow his Epitaph upon them, with which I shall conclude this Treatise. Maledictus furor impius juliani, quia pertinax; & indignatio, quia dura: vesanus furià, ammimosus furore, oblitus fidelitatis, immemor religionis, contemptor divinitatis, crudelis in se, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amarescit, & nomen ●jus in ●●ternum pu●r●scet. FINIS. AN APPENDIX: Manifesting by sundry Histories and Authors, that in the ancient Roman Kingdom and Empire; in the Greek and Germane Empires, derived out of it; in the old Grecian, Indian, Egyptian Realms; in the Kingdoms of France, Spain, Italy, Hungary, Bohemia, Denmark, Poland, Sweden, Scotland, yea, of judah, Israel, and others mentioned in the Scripture; the Supreme Sovereignty and Power, resided not in the Emperors and Kings themselves, but in their Kingdoms, Senates, Parliaements, People, who had not on●y a power to restrain, but censure and remove their Emperors. and Princes for their Tyranny and misgovernment. With an Answer to the Principal Arguments, to prove Kings above their whole Kingdoms and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exerbitant Actions. HAving finished the preceding Treatise; which asserts, The Supreme Authority and Sovereign Power in the Realm of England, legally and really to reside in the whole Kingdom, and Parliament, which represents it, not in the King's Person, who is inferior to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplains have for sundry years inculcated into our Kings and People (who preach little else but Tyranny to the one, and Slavery to the other, to support their own Lordly Prelacy, and hinder an exact Church Reformation) and directly opposite to the resolutions of many malignant Courtiers, Lawyers, and Counselors about His Majesty; who have either out of ignorance or malice, created him a new Utopian absolute Royal Prerogative, unknown to our Ancestors, not bottomed on the Laws of God or the Realm; for maintenance of each Punctilio whereof, against the Parliaments pretended Encroachments, the whole Kingdom must be engaged in a destructive civil War, now like to ruin it: I could not but conjecture, how in all probability these Clergy men, Courtiers and Lawyers, out of their unskilfulness in true Divinity, History, Law, and Policy would upon the first tidings of this strange Doctrine, pass a sentence of Excommunication and death against it, as guilty not only of Heresy, but High Treason; and judge it such a monstrous antimonarchical Paradox as was never heard of in, much less claimed or practised by any Kingdom, Realm, or Monarchy whatsoever: To anticipate which rash censures, and undeceive both Kings and Subjects whom these gross Parasites have overlong seduced in this point, to their prejudices, convince the consciences of all gainsaying Malignants, irradiate this long obscured verity, whose seasonable discovery, may through God's blessing, conduce very much to period the present Differences between King and Parliament, touching matters of Prerogatives and Privileges claimed by either; I conceived it, not only expedient but necessary, to back the forecited precedents of our own Kingdom with paralleled examples in most foreign Realms and Monarchies (in which it is not mannerly to be overbusy without just cause) which I have faithfully (though suddenly) collected out of the best approved Authors and Historians; whereby I shall infallibly prove, that in the Roman State and Empire at the first, in the Greek Empire since, in the Germane Empire heretofore and now; in the ancient Kingdoms of Greece, Egypt, India, and elsewhere; in the Kingdoms of France, Spain, Hungary, Bohemia, Denmark, Sweden, Poland, Scotland, and most other Kingdoms in the world, (yea in the Kingdoms of judah and Israel, and others mentioned in Scripture) the Highest Sovereign Authority, (both to elect, continue, limit, correct, depose their Emperors and Kings, to bond their royal power and prerogatives, to enact Laws, create new Offices and forms of Government) resided always in these whole Kingdoms, Senates, Diets, Parliaments, People, not in the Emperors, Kings, or Prince's persons. I shall begin with the Roman State, as having much affinity with ours, See Camb. Br. Math. Westm. Polychr, Fa●i●n, Holinsh. speed. Gra●ton, Crimson. which was long under their command heretofore. After the building of Rome by Romulus and Remus, Livy, Rom. Hist. l. 1. Plut. Romul & Numa Pomp. Dionys. Hal● Antiq. Rom. l. ● Munster Cosmogr. l. 2. c. 60. p. 280. Romulus being elected King, divided the people into two Ranks; those of the highest and richest quality, he styled Senators, making them a Court of Counsel and justice, much like our House of Peers; the other he termed The People, being the body of the State, and representing our House of Commons. In this distinction, made by the People's consent, the Sovereign Authority to elect Succeeding Kings, to enact binding Laws, to make war, or peace, and the like; rested not in the King's person, but in the Senate and people jointly, if they accorded; yet principally in the people, in case either of assent or descent between them; their very Kings and Laws having their greatest power and efficacy chiefly from the people's election and assent. To begin first with their King's Election and Authority. Plutarchi Numa Pompil. Dionys. Hal. l. 2. sect. ●. when Romulus their first King deceased, there arose a great controversy in Rome about the Election of a new King; for though they all agreed to have a King, yet who should choose him, and out of what Nation he should be elected, was then controverted. In the Interim to avoid confusion, the Senators, being 150. divided the Regal power between them, so as every one in his turn in Royal Robes should do Sacrifice to the Gods, and execute Justice six hours in the nighttime, and six hours in the day; which tended to preserve an equality among the Senators, and to diminish the envy of the people, when in the space of one night and day, they should see one and the same man, both a King and a private person. But the people disliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principality, and divide it among themselves) Livy Rom. Hist. l. 1. p. 14. 15. Edit Francofurti, 60●. Di●nys. Hal. l. 2. sect. ●. cried out, that their bondage was multiplied having an hundred Lords made instead of one, neither would they suffer it any longer, unless they would admit a King, created by themselves: Hereupon the Senate, thinking it best to offer the people that, which they were like to lose, to gain their favour, Summa potestate populo permissa, permitted to the people the chief power of Electing a King: but yet that they might not give away more right, than they detained: they decreed, That when the people had commanded and elected a King, it should be ratified, if the Senators should approve it, or be reputed the authors of it: Then the Interex assembling the people, spoke thus unto them: O Romans REGEM ELIGITE, choose yea King: so the Senators think fit, and if he be one worthy to succeed Romulus, they will approve him. This was so grateful to the people, that left they should be overcome with the benefit, they commanded, that the Senate should decree who should reign at Rome. At last, Numa Pompilius was named; and none of the people or Senate daring to prefer any before him; all of them jointly decreed, that the Kingdom should be conferred upon him. Whence Canubius the Tribune of the people in his Speech against the Consuls, long after, used these words Livy Rom. hist, l 4. p. ●4, 145. Numa Pompilius POPULI ● JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifests, the chief power to be in the people. Numa departing, Livy, l. 1. p. ●7. Dionys. Hal. l. 3. c. 10. Tullus Hostilius by the people's command, consent and approbation was made King, which Livy thus expresseth; Tullum Hostilium REGEM POPULUS JUSSIT, patres auctores facti: After him, the people created Ancus Martius King Livy l. ●. p. ●5. Dronies Hal. l 3. c. 9 Regem POPULUS CREAVIT; patres fuêre auctores: After him Livy l. ● p, 28. Dionys. Hal. l. 3. c. 10. ingenti consensu Populus Romanus Tarquinium REGNARE JUSSIT: The People of Rome with great consent commanded Tarquin to reign. But he dying; Servius having a strong Guard to defend him Ibid, p, 32, Dionys Hal l. 4. c. 1, 2. primus injussupopuli, voluntate Patrum Regnavit, was the first that reigned without the command of the people, by the Senate's consent; yet doubting his title for want of the people's votes, and young Tarquin his Competitour, giving out speeches, Ibid. se injussupopuli regnare, that he reigned without the people's command; he thereupon so courted the Commons, by dividing the Lands he had taken from the enemies among them, that at last he appealed to the people, Vellent nolerintve se regnare? whether they would or would not have him reign? tantique consensu, quanto haud quisquam alius ante rex est declaratus. But Tarquin the Proud affecting the Kingdom flew Servius; and Ibid p. 36, 37, 8, 44 ● ionies Hol●icar. l● 4. c. 5. to the end. Non Comitits habitis, non per suffragium populi, non auctoribus Patribus: without the Election of the people or Senate, usurped the Crown; neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus auctoribus regnaret, writes Livy: Whereupon reposing no hope in the love of the people, he endeavoured to defend his usurped Sovereignty by force: to which purpose, he of himself, without the Senate or Counsel, took upon him the conusance of Capital offences; and by colour hereof, not only to slay, banish, and plunder those whom he suspected or hated, but even those from whom he could expect nothing but prey. Then he lesseneth the number of the Senate to diminish their esteem and power, and at last to subvert it. He was the first of Kings who dissolved the Custom used by all his Predecessors, De omnibus Senatum consulendi, of consulting with the Senate about all affairs, and administered the Commonwealth by his domestic Counsels; making War, Peace, Truces, Leagues with whom he would, injussu populi & Senatus, without the peoples and Senate's command; which Tyrannical Usurpations of his, with his ravishing of Lucretia, caused Brutus and the incensed Romans to rise up in Arms against him; deprive him of His Crown, banish him, his Wife and Children, utterly to abolish the Kingly Government by a Decree, and to take a Livy l. 1, p. 4●. 47. Dionys. Hal, l, 4, ●, 10, l. 5. c. 1. solemn Oath, (lest afterward they might be overcome by Royal entreaties or Gifts) That they would never suffer any King to Reign in Rome: Which act of Brutus and the People is highly magnified by Livy and De officiis l. 3. Tully. This done, the Livy l, 2. p. 47. Dionys. Halicar. l. 5, c. 1, 2. people created two annual Consuls, who had the Power, but not the name and continuance of Kings, Annuum imperium consulare factum est: Brutus the first Consul was slain, whilst he was Consul, and Valerius his Companion being suspected by the People to affect the Kingdom, because he demanded no new Companion: Valerius hereupon calls the people together Livy ibid. p. 51, 52. Dio●ys. Hal. l. 5. c. 2, 3. lays down his Fasces (the badges of his Sovereignty before them) which was a grateful spectacle to the people, confessionemque factam; Populi quam Consulis Majestatem vimque majorem esse; and a confession made, that the People had greater Sovereignty and Power then the Consul, who yet had regal Jurisdiction. And then there were Laws enacted, of appealing from the Consul or Magistrate to the people, and that he should lose both his head and goods, who should but consult to usurp the Kingdom. In brief, it is clearly agreed by Antiq. ●om. l. 2. sect 2. p. 132, 133, 134. Dioxysius Halicarnasseus, Historiae, l. 6, p. 529, 530, 534, Polybius, Hist, l, 1, & 2, l, 27, p, 330, Livy, Ge, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240, Alexander ab Alexandro, Com. weal, l, 1, c, 10, Bodin, (and Rosi●us, Godwin, and others: and Mun●t, Cosmogr, l, 3, c, 60, p, 280, 281, & c, 16, p, 379, most who have written of the Roman Republic) that the Sovereign Authority among the Romans, during their Kings, Consuls, Dictator's, and other Magistrates, was originally vested, not in the Kings, Senate, Consuls, or other Magistrates, but in the whole body of the Senate, and People; the People had the chief Sovereign Power of enacting and confirming Laws, (the Senate's Decrees and Laws being of no validity, unless the People ratified them) of creating and electing Kings, Dictator's, Tribunes, and all other great public Officers; of denouncing war, and making Peace: these Tribunes, and Dictator's might restrain, kerb, imprison, censure, depose the Roman Consuls (who had Regal Power) yea, the Roman Kings, Senators, and highest Officers; and to them the Livia, Hist, l, 8, p, 313, with the other forecited Authors. last appeal from King, Senate, or other Magistrate might be made, as to the highest Tribunal: they having power likewise to Nobis eadem vi facitis irri●am, qua peperis●is, Livia, Hist, l, ●, p, ●50, change or annul the very frame of their public Government, which they oft times did, as these Authors prove at large, to whom for brevity I refer the Reader. Yea, after the Roman Empire (the greatest, largest Sovereignty in the world) was erected, the Supreme Power still rested in the Senate and People, not in the Emperors themselves, which Common wealth, l, 2, c, 5, & l, 1, c, 10, Bodin grants and proves. This is clearly evident by these ensuing particulars: First, the Senate and People had sole right and lawful power both to elect and confirm their Emperors, and to decree them new Honours, Titles, Triumphs; which power of election, though some Emperors in a sort usurped, by adopting their Successors, and the Roman Soldiers too, by presuming sometimes to elect Emperors without the Senate; yet these adoptions and elections were not held valid, unless the Senate approved and confirmed them, who usually elected all their Emperors, as of right, according to that of the Panegyrist, Imperaturum omnibus ex omnibus elegi debere; Plinius Panegyr. Trajano dictus, and Jacobus Valdesius, c. 18. This appears by the election and confirmation of most Emperors from See Mun●●, Cos●●og, l, 2. c. 63 Gr●mstons imperial History, Suetonius, Dion Cassius, Herodian, Eutropius, Zo●aras, Sabellicus, Chronicon Chronic●rum, Opmecrus, Speed and others in these Emperor's l●ves, and others. Octavins to Leo the first, and more particularly by the Senates and People's election and confirmation of Nerva P●rtinax, Severus, Gordianus, Maximius P●pienus, Clodius B●lbinus, Philip, Decius, Trebo●ianus, Galienus, Claudius the second, Ta●itus, Probus, jovinianus, Aurelius, and others. This right of the Senate was so clear, that Grim. imp. Hist. in his life, p. 3. 5. Muns●er Cosm. l. 2. c. 63. p. 296. after the death of Aurelian●●, the Army sent word to the Senate, that (as reason was) they should choose and name an Emperor, and that they would obey h●●. After six months' space (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earnestly refused the same as first, but in the ●nd accepted thereof, to the great joy of the Senate and Roman people. After whose decease Grim. imp. Hist. p. 208. Pr●bus, being chosen Emperor by the Legions and Army, he presently wrote a letter to the Senate, e●ousing himself for having accepted the Empire without their knowledge an● confirmation▪ whereupon the Senate confirmed his election with many blessings, gave him ●he name of Augustus, Father of the Country; made him High Priest, and gav● him Tribunal Power and Authority. (Secondly, This is manifest by the confessions, and Actions of the best Roman Emperors. Commentar. l. 23. f. 238. Volateranus writes of Trajan (the See Eu●ropius, Sabellicus, Zonaras, Grimston, Munster, in his life: Paneg▪ Trojazo dictus. best heathen Emperor that Rome enjoyed, that he used to call the Senate, Father, but himself their Minister, or Servant of their labour; And that standing, he did reverence to the Consuls sitting, quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET, because he found by the Laws he was inferior to them. Whence In vita Trajani. Dion, Eccles. Hist. l. 3. c. 23. Niciphorus, and Hi●●ory of Gr. ●rit. p. 95. Speed record of him; that when he invested any Praetor or Commander, in giving him the sword, he openly commanded him before all, to use the same even against his own person, if he governed not the Empire well, or violated Law and Equity; confessing thereby, that he was subject not only to the Laws, but to the sword of Justice too in these Officers hands, in case he did offend, much more than to the Senate. I read of the Emperor Grimstons' imperial Hist. in his life, p. 181 Munst. Cosm. l. 2. c 63. Decius, elected by the Senate; that he preserved the authority of the Senate, (who compelled him to make his Son his companion in the Empire) following their Counsel in all matters of Government, governing all things with great wisdom and equity, by the advice and consent of the Senate, to the great contentment of all the Roman People; and going into Thracia against the Goths, he left the Government in the hands of the Senate; permitting them to choose a Censor at their pleasure, who had Supreme jurisdiction over all men; which office some former Emperors had usurped; making themselves Censors. So Grimstons ●mperiall Hist. p. 196. 205. Claudius the second, and Tacitus did nothing without the consent, advice, and counsel, of the Senate, either in matters of War or Peace. And Hist. l. 6. p. 530. 531. Polybius writes expressly, That the Roman Emperors Counsels and purposes were efficatious, or invalid, at the pleasure of the Senate, which had power to remove or continue them, to increase or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and that they could neither make war, nor peace, nor truces, without the people's consent. Their Emperors in truth, being but their chief Generals in their wars, at the first, in right. Thirdly, They had power to create one, two, or more Emperors at once, as appears in their election of Grimston, ibid. p. 171. tom. 176. Munster Cosmogr. l 2. c. 63. Gordianus, the Father and Son to be Joint-Emperors at once, and of Maximius Pupienus, and Clodius Balbinus, and Gordianus, to be C●●sars at once. And those who could thus create more Emperors than one, when they pleased, no doubt had a power above the Emperors. Fourthly, They had a Sovereign power, judicially to convent, censure, yea to depose, and adjudge their Emperors to death, for their tyranny and misgovernment: this appears by the case of Nero, that wicked Emp●rour Grimston, Suetonius, Eutropius, Zo●●●ras Volateranus, Sabellicus, Math. Westm. Polychronicon, Opmeerus Ch●on Chronicorum, Speed, and others in his life. whom the Senate judicially deposed, condemned for his tyranny and misgovernment, as a public enemy to the State, adjudging him to have his head fastened to a fork, and so to be publicly whipped to death, and then precipitated from a rock: upon which sentence he being sought for, and forsaken of all, to a void the execution of it, murdered himself with a poniard. So when Grims●●●, ●utropius, and others in his life. Domiti●n was slain, the Senate assembling the same day, caused all his Stat●es to be throune down, and all the inscriptions and memorial of him to be canceled, defaced; and elected Nerva Emperor. Grimston● imperial Hist. p. ●60. M●nster Cosmog. l. 2. c. 63. p. 292. Didius julianus who purchased the Empire by bribing the Soldiers, coming to Rome with an Army, went to the Senate, where assembling such Senators as were present, by their decree he was proclaimed Emperor, and they presently made his Son in law Cornelius Repentingly Praetor of Rome, putting Sulpetianus out of that office, and from thence he was carried to the Imperial Palace, and held for Emperor, more through force, then good will of any honest men: But the people hating, and cursing him; at last, a full Senate being assembled, by the common consent of all the Senators, it was decreed, that julianus should be deprived of the Empire, as a man unworthy to rule, and Severus proclaimed Emperor; to whom two of the principal Senators were sent to yield him their obedience, with the Ensigns of the Empire, and julianus being generally abandoned, they commanded him to be slain in his palace. Crimson ib. p. 160. Aelii Lampridii Heling abalus, Zonaras, Sa●ellic. and others. Heliogabalus (that monster of wickedness) was slain by the praetorion Soldiers by the Senates and people's approbation, who commanded he should no more be called Antoninus, and that in detestation of him, no other Emperor should after that be called by this name, and that he should be called Tiberinus, according to the manner of his death, his body being tied to great stones, and sunk in Tiber, that it might never be found. So Grims●. in his life p. 170, to 174. ●ith jul. Capitol, Sabel●i●us, Munster, and others. Maximinus the Emperor oppressing, and Tyrannising over the people, with great cruelty, was deposed by the Senate, and he, with his son (though already made Caesar, and declared Emperor) adjudged enemies and Rebels; and Gordianus with his Son elected and proclaimed Emperors by the Soldiers, people, and Senate of Rome. After which they, considering the great power of Maximinus, to secure the City, made great preparations to resist him, and writ letters to all their Provinces, that Grimston p. 324. all those Governors that Maximinus had there placed should be displaced; which direction was generally obeyed, and the Governors most of them slain. Thereupon Maximinus then in Hungary, posts with his Army, and Son towards Rome; and young Gordianus being slain & his Father strangled in the interim; the Senate assembled in the Temple of jupiter, chose Maximus Pupienus and Clodius Balbinus Emperors, and to please the people which consented not to their election, they likewise named young Gordianus Caesar, and raised forces to resist Maximinus, who lying before Aquilia, his Soldiers hearing that he, with his Son were proclaimed Rebels at Rome, and new Emperors elected, came boldly to their Pavilions about noon, slew them, and sent their heads to Rome. By these, with sundry precedents of like nature, it is apparent, that the Sovereign power and Jurisdiction, even after the Roman empire erected, continued still in the Senate and people, to whom the Emperors were responsible, by whom they were deposed, yea put to death for their misdemeanours a●d offences against the state, and oppressions of their Subjects: Which power they retained till the Emperors removed their Courts from Rome to Constantinople, by which means the authority of the Senate, and dignity of the Consuls was almost wholly lost by degrees, in justine the seconds reign. After the seat of the Empire was translated to Constantinople, the Senate, People, Soldiers, and Patriarches of Constantinople, claimed a right, and power to elect their Emperors, to prescribe conditions, and Oaths unto them before they were crowned; as also a power in some cases to depose them, yea execute them, as you may read at large in their See Munst. Cosm. l. 4. c. 59 Zonara's, N●uclerus, Sabe●luus Grimston, and others. lives; Of which I shall recite some instances. Ioan●es Zonaras, Annal. ●om. 3. p. ●9. Grimst. p. 245. ●●utropius, l. 1●. p● 154. See Munstericosm l 4n c. 59 throughout. julian the Apostate dying, jovinian, assensu omnium, by the joint assent of all the Soldiers, Captains, and people was elected Emperor; who absolutely refused the Empire, saying; that he being a Christian would not be an Emperor over Infidels: But all men were so pleased with his election, that they cried out aloud saying; we are all Christians; And for his sake, those which were not so, resolved to become Christians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladness, they swore obedience to him, and gave him the Imperial Ensigns. He being casually smothered or death; Zonara's ib. Grimst. p. ●47. and Munster, l. 4. c. ●9● Valentinian the first was by the joint consent of the Captains and Soldiers, chosen Emperor: after which, the Empire went by descent till the death of Valentinian the second and then Zonaras. Tom. 3, f. 123. Martianus by means of Eudoxia, with the Senates and Patriarch● assent, was elected and crowned Emperor: After whose poisoning Zonara's ib. f. 〈◊〉. Grimst. p. 292. Asper sought to have been his Successor; but being an Arrian, the orthodox Christians of Constantinople would by no means elect him; whereupon, accepta a populo potestate, he named Leo Emperor, having received power so to do from the people. Leo adopting one of Aspars' Sons Caesar, the Senate and people were so much displeased at it, fearing that an Arrian should reign over them, that they went tumultuously to the Emperor, desiring him to remove him from that dignity, who soon after slew both him and his father. Zonara's ibid. f. 126. Basiliseus usurping the Empire against the Senates and people's consents, who hated him for his Tyranny; the people sent for Zeno, whom he expelled, received him into Constantinople, and restored him to the Empire; After whose death Zonara's ib. f. 1, 12●, ●28. Grimst. p. 306. Anastasius, de sententia Senatus & Legionum, was elected Emperor by the Senates and Legions decree. He dying, Zonara's ib. ●. 127. 128. Grimst. p. 306. justinus, by the general consent both of the Senate, people, and Soldiers was elected Emperor, though but a swineherd in his younger days; who creating justinian for his Successor, the people gave their consents thereto, with happy acclamations. So Grim. p. 347. Constans the second was made Emperor by the Senate of Constantinople. Z●n●r. f. 137 Philipicus usurping the Empire against the peoples and Senate's liking, they rose up against him, deposed him: and a● Des●x Aeta●e mundi. Beda In Philyppito. Marianus l, 5. c. 1●. Otho Frisi●gensis and An. 713. Abbas Vspergensis write; The people of Rome decreed, that neither his name, nor letters, no● coin should be received. And the Zonara's Tom. ●, f. 137 Senate and people of Constantinople created Authemius Emperor in his place, giving him the name of Anastatius. Thus Zonara's, b●d, f. 142● Michael Curaepalata was created Emperor by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So See Zonaras. ib. f. 168 Theodora, atoto Senatu, populo & sacerdotibus, was elected and saluted Empress. Nic●tae Chroniatae, Ann. les f. 40. Isatius Angelus was elected Emperor, and Andronicus deposed, apprehended and put to death by the people of Constantinople for his tyranny and oppression. After whose death Munst. Cosnog. l. 4, ●. 1109, 1110. Baldwin Earl of Flanders, a Frenchman, was elected Emperor by the Soldiers and people, upon condition, the Venetians should elect the Patriarch: in whose blood the Empire continued Muns●eri Cosm. l. 4, c. 59 four descents and then returned to the greeks. And as the Senate and people of Constantinople had thus the right of electing their Emperors, so likewise See Bishop bilson's true difference & c● part. 3. p. 494, to 〈◊〉. they and the Patriarch of Constantinople prescribed a conditional Coronation-oath to divers of them, which they were to take before they were crowned, and to deliver it under their hands in writing. Anastatius Dicori, being chosen Emperor after Zeno his death. Zonara's Annal. Tom. 3. f. 126. Cuspinian● in Annastatio. Euphemius the Patriarch of Constantinople before he would crown him, exacted of him a confession of his faith in writing, wherein he should promise, that he would innovate nothing in eclesiastical Doctrines etc. whereupon he delivered a writing to the Patr●arch, wherein he professed, that he did embrace all the Tenants of the Church, and that he would keep all the Decrees of the Council of Chalcedon; which done, he was crowned, and then presently took away the grievous tribute called Aurargenteum, which much oppressed the people. Thus when Zonar●s Tom. 3. f. 142. Michael Rungabis was elected Emperor, and came to be crowned, Nicephorus the Patriarch first required of him a writing, wherein he should promise, that he would violate no ordinances of the Church, nor defile his hands with the blood of Christians: which conditions see (q) before. Bishop Bilson grants, the people had power to prescribe, the Empire being elective, but not the Patriarch alone. And with all these Patriarches sometimes presumed to excommunicate and keep their Emperors out of the Church for murders and such like offences, as appears by Zonara's Annal. Tom. 3. f, 151, 161. Polyenctus keeping john Zimisoa out of the Church, and refusing to crown him, till he had banished the Empress Theophano, and those who slew Nicephorus; and by Photius his putting by the Emperor Basilius from the Sacrament, when he came to receive it, for homocides committed by him. Fifthly, The Roman Senate and people had power to divide the ●mpire, and to create a new Emperor at Rome in the West, distinct from that of Constantinople in the East: About the year of Christ 456 Grim. imp. Hist. p, 291, 296, See Mun. Cos●, l. 2, c. 64, & l, 4, c. 5●. Gensericus King of the Vandals wasting Italy and sacking Rome whiles Marcianus the Emperor resided at Constantinople, the Senators and Roman Gentlemen returning to Rome when Gensericus had lost it, wanting an Emperor to protect them, chose Avitus by common consent for Emperor of Rome, Italy, and Sicily, of which Marcianus was very glad, and approved his Election: And not long after, whiles Leo the first reigned at Constantinople, the Senate successively elected Olibrius and Glizerius Emperors of Rome, Italy, and Sicily; yea, the very final division of this great Empire into that of the East and West, and the creation of a new Roman Emperor, and Empire of the West, with the transferring of the Imperial Crown from the Greek to the Germane line, was done by the authority, and joint consent of the people, Senate, and Bishop of Rome, upon this occasion: as Decad. 1. l, 1. 10. Blondus Enead, ●, 100LS. Sabellicus and B●. bilson's true difference between Christian Subjects on and unchristian Rebellion p, 41●. to 416. Nauclerus vol. Genera●●o 26, An. 753. Sigebext. Chron. An. 801, Aeneas S●lvius de Author. Rome, Imperii c▪ 9 Munst. Cos●og. l, 2. c. 6●. others relate. Aistulfus King of the Lombard's invaded and spoilt those parts of Italy belonging to the Romans; who being unable to resist or pacify him; the Bishop and City of Rome hereupon sent messengers to their Emperor Cons●antine to Constantinople, for aid, assuring him, that unless he sent them aid the City and whole Country would be subdued by Aistulfus: But whiles Rome and Italy were ready to sink under those ruins Constantine had no manner of care to relieve them; and the messengers that were sent to him, signified by letters, that there was no looking for help from Constantine, either for that he would not, or could not, and therefore they must seek some other way: In the mean time Aistulfus sent Heralds to menace the Bishop and people of Rome, that unless they would yield themselves and their City, he would come and take them by force, and kill man, woman, and child. Hereupon they being out of hope to pacify the enemy, or to receive help from Constantine; the Pope, together with the people of Rome, determined to send messengers to desire aid from Pepin father to Charles the great, than King of France, who sent them succour, subdued their enemy, and quieted Italy. After which, Charles likewise aiding and succouring both the Pope, and Romans against their enemies, and coming in person to Rome; the Romans (who in heart were long before fallen from the Emperor of Constantinople, because he began to neglect the City of Rome, and to leave it as a spoil to the Barbarians and others) taking this occasion and opportunity, and grieving that the Empire of the world, which with their blood they had gotten, and established by their virtues, should be governed and ruined by Irene (a lewd woman) Constantine's mother (who swayed all at her pleasure) did thereupon elect and proclaim Charles for their Emperor, and commanded Pope Leo to crown him. I● Leone 3. Platina, Decad 2. l. 1. Blondus, Vol▪ 3▪ Gen, 27, An, 100L. Nauclerus ●nead 8 l, 8. Sabellicus, Annal, ●ojerum, l. 4. f. 344. Aventinus, Anno 80●. Sig●bert, L. 5. c. 29, Frisingensis, and De Author's Rome, Imp. c. 9 Aeneas Silvius, all record that this was done (not by the Pope's authority alone, (as some late Romanists pretend, for he poor man had no such power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tac●o SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transfer the Empire JURE SUO, By their own right, from the greeks to the Germans, and from Constantine to Charles the Great: ever since which time it hath continued thus divided in the blood of Charles, and other French and Germane Princes. A most clear demonstration, that the most absolute Sovereign power a●d disposal of the Empire resided not in the Emperors themselves, but in the Se●e and people, even from the very first Emperors, till this partition of the Empire (more than 800 years' space,) and that their Emperor's neglect to protect, to aid them against their enemies when they needed, and craved help, was a just ground for them to reject his Sovereignty; yea, to create a new Empire, and Emperor of another race, as see Av●nti●e, An, l, 3, f, 344. etc. and Bishop. Bilson (z) before Pope Leo with all the Roman Clergy, Senate, and people then resolved; not only in point of State policy, but of Conscience too: upon which very jacob V●●d. de dignitate Regum Hisp c, 18. Munst. Cosm. l. 2. c, 20, 21. ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdoms of their own: but likewise our see Speeds Hist. p, 189● to 212. Island of Britain (the fairest plume of the Roman Diadem) rejected the Roman yoke and Government, to which it had been subject almost 500 years; craving aid against the Scots and Picts from the Sax●ns, who therereupon became their Sovereign Lords at last, and disposessed them of the Kingdom: Now, that these revolts and changes of the Empire in this case were lawful even in point of Conscience, we have the resolution of Bishop Bilson himself, (in his Book dedicated to Queen Elizabeth, wherein he professedly defends the Sovereignty of Kings) in these very words The true difference between Christian subjection and unchristian rebellion. part. 3, p. 416. The Roman State and Common wealth had as goodright to dispose the Roman Empire, as all other Christian and Heathen Kingdoms and Countries had to settle the sword and sceptre that Reigned over them. And since all Cassanaeus catalogus glory mu● di pars 5, consid. 29, p, 245, 246. other Nations once members of the Roman Empire, were suffered to plant those several forms of regiment which they best liked, and when the Right Heirs failed to elect their own Governors, I SEE NO CAUSE why the Romans might not provide for themselves as well as other Realms had done before them; especially if the reports of your stories be true; that they were neglected by the Grecians, when they were bes●iged by the Lombard's; and the sceptre at Constantinople went not by descent, or succession, but by violent and wicked invasion, and usurpation. So he; with whom Cassanaeus in his Catalogus Gloriae mun di● pars 5 consid. 30. p. 248. accords. and jacobus Valdesius, de Dignitate Regum Hisp. c, 18. n, 20, 21. Sixthly, After this division, and translation of the Empire unto Charles the Great, the Roman Empire for a time, by permission and connivance of the French, & Germane States, went by succession till Charles the Gross; after him wholly by Election, see Munst, Cosm. l. 3, c, 22, and Grimstons' Imperial Hist. the power of electing the Emperor residing in all the French & Germane Princes, 〈◊〉 at last it was by consent, about the year 1001. translated to the 6; or rather Grimst. Imp. Hist. p, 433, 535. 560, 571. 572. Munst. Cosm, l, 3, p, 410, to 414. 7. Prince's Electors: Yet during all this time the Sovereign Power and jurisdiction of the Empire resided only in the Germane Princes, States and Diets (not the Emperors themselves) who had power, not only freely to elect what Emperors they pleased, but also to censure, and depose their Emperors upon just grounds, and to set limits to their Imperial jurisdictions. Not to trouble you with the Histories of see Grimst. Abas Vspergensis, Naucl●rus, Rerum Germanicarum Scriptores, Munst Cosmagr. l 3, Bp. lewels view of a seditious Bull. and others in their lives, and john White his Defence of the way, c, 6, p 18. to 21. Ludovicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Frederick Barbarossa, Philip, Otho the fourth & fifth, Frederick the 2, 7. Albert the 1, Ludovicus Bavarus, Sigismond, and other Emperors, who were much affronted, persecuted, warred against, and some of them unjustly deposed and murdered by their Subjects, Sons, and the Princes●electors, through the Pope's procurement; I shall pitch only upon such precedents as are pertinent to my purpose Grimst. Imp. Hist p, 404, Munst. Cosmog. l, 3, p, 384, Herm●ld● Chron: Slavorum l. 1, c. 7, jean Crespin Le state de Le glise p. 263. Charles the third surnamed the fat, though he came to the Empire by descent, yet the Princes, Dukes, and Governors of the Provinces of Germany, and France, seeing his great insufficiency, and unaptness to govern (he being grown a very fool and having lost his understanding) did thereupon deprive him of his Empire, and other Kingdoms; and elected and crowned Arnolph Emperor in his stead: He being thus degraded both of Realm, Empire, and forsaken of all the world, not having so much as an house wherein to shroud himself, retired into a poor village of Suabe, where he lived some few days in extreme misery, and penury, and soon after died; not lamented nor pitied of any man: Which deposition of his, I have formerly proved lawful; though his subsequent ill usage was no doubt dishonourable and unjust. So the Emperor Munst. Cos. l, 3, p, 415, 416 404. Grimst. Im. Hist. p, 576▪ 581, 582. jean Crisp. Le state de Le g●ise. p, 465. Wenceslaus was▪ deposed by the Prince's Electors of the Empire, for his insufficiency to govern, and the little care he took to suppress and pacify the civil wars and dissensions in the Empire, giving himself over to vain pleasures and delights, which made his government dangerous, and unprofitable for the Empire, and Christian common wealth; and Rupert made Emperor by them in his room. After this, about the end of Grimst. Imp. Hist p, 736. 737. Rodulph the second his imperial reign, the Electors called a Diet at Nurenberg, from whence they sent ambassadors to the Emperor to acquaint him with the State of the Empire; who told him, that the Electors required above all things a reformation of justice: That he should make choice of more faithful officers and Councillors then formerly he had done: That a general Diet might be called the spring following: That the reason of the bad government of the common weal was for that his Majesty did not impart the important affairs of the Empire unto them, as his Predecessors had done etc. Whereupon he appointed a general Diet to redress these disorders; but dying before the day, according to the golden Bull made in the year 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governors, and Administrators of the Empire until there were a King of Romans chosen to be Emperor. After which they Elected Mathias, who as Emperor and King of the Romans Munst. Cos. l. 2. c. 64, p, 303, l, 3, p▪ 410, to 418. Grimston. p, 737, 738. had not any City or Town within the Empire, the whole Territory of Germany belonging to the Electors, Bishops, Abbots, Princes, Earls, Noblemen, and free Towns. What power the Prince's Electors, and Germane states had, and yet have in electing, rejecting, deposing, restraining their Emperors; in calling Diets, and making Laws, you may read more largely in Cosm l. 3, p, 382, to 418. Munster, and Imp. Hist. from Charles the great to the end. Grimston: By all which, and other particulars, which for brevity I shall omit, it is most evident, that the Supreme Sovereign Authority of the Roman State, both under their ancient Kings and Emperors, and of the Greek, and Germane Empires resided not in the Kings and Emperors, themselves, but in their Senates, Diets, People, State's, who prescribed them conditional Oaths at their Coronations, and to whom they were still accountable for their actions and misgovernment, This Common wealth, l, 2. c. 5. p. 221. 122. john Bodin (a famous learned French Lawyer, of great experience in State affairs, surpassing all who writ before him of Republikes) plainly affirms in these words. The Roman Emperors were at first, nothing else but Princes of the Common weal, that is to say, the chief and principal men: the SOVEREIGNTY nevertheless still RESTING IN THE PEOPLE AND SENATE, the Emperor having the Sovereign authority only infact, not in right: the State being but a very Principality, wherein THE PEOPLE HAD THE SOVEREIGNTY. So the Germane Empire at this day is nothing else, but an Aristocratical Principality: wherein the Emperor is head and chief, the POWER and majesty of the Empire BELONGING● UNTO THE STATES THEREOF, who thrust out of the Government Adolphus the Emperor, in the year 1296, and also after him Wenceslaus in the year 1400; and that BY WAY OF JUSTICE, AS HAVING JURISDICTION AND POWER OVERDO THEM. Bodin Com. l, 1, c, 10, p. 15●, etc. And so properly ancient Romans said: Cicero Oratio pro Rabirio, Perd. reo. Imperium in Magistratibus, Auctoritatem in Senatu, Potestatem in Plebe, Maiestatem in Populo; Command to be in the Magistrates, Authority in the Senate, Power in the Maeniall People, and Majesty in the People in General. The Senate in Rome did consult, the people command: for Livy oft times saith: Senatus decrevit, populus iussit: the Senate hath decreed, and the People commanded; Which he there more largely prosecutes, as you may read at leisure. To all which Of the difference between Christian subjection, etc. part. 3. p. 513. to 521. Bishop Bilson himself doth fully assent, affirming, that Germany is a free state, that the Emperor holds the Empire by election, and that but on condition, which he takes an oath to perform. And if he violate their liberties, or his oath, they may not only lawfully resist him by force of arms, but repel and depose him as a tyrant, and set another in his place, by the right and freedom of their Country. And Catalogue Gloriae Mundi. pars. 5. Consid. 29. p. 246. Cassanaeus holds, that the people may take away the very name of the Emperor at this day, degrade him, and resume his royal power. This then being an unquestionable verity, disproves that palpable common mistake of Resolving of Conscience sect. 1. 2. 3. A Revindication printed at Cambridge. 1643. and other late pamphlets. Dr. Ferne with other ignorant Court Doctors and Royalists, who would make the world and Kings believe, that the Roman Emperors were of greater power and authority than the Senate, people; the highest powers upon earth to which all persons, yea the Senate and people collectively considered, aught to submit; and that it was unlawful either for the Senate or people forcibly to resist Caligula, Claudius, N●ro, and other their wickedest, and most tyrannical Emperors: much less to depose, take arms against, or call them to a strict, just account for their Tyranny, Oppression, or Misgovernment, it being directly contrary to Paul's Doctrine Rom. 13. 1, to 6. Let every soul be subject to the higher powers, etc. which false groundless principle, is the sole foundation upon which all their late Sermons, Books, and railing Discourses against this Parliaments proceedings and taking up of defensive arms are built; when as in truth, the Senate & people were the highest powers, to whom the Roman Emperors themselves were to be obedient in all just requests & commands, under pain of damnation, and subject to the Senate's sword of ●ustice in case of disobedience & misgovernment, as all the premises evidence; yea it likewise manifestly evidenceth, that whole States & Parliaments are the highest power and above their Kings, who are subject to them, since the Roman and Greek Senates and people heretofore, & the very Germane States at this day are the highest power and above their Emperors, though ever reputed of Cassanaeus Catalogue. Glor●ae Mundi pars. 5. consid. 27. & jacobus Valdesius de Dignitate Regum Regnorumque Hispaniae passim greater power, Sovereignty and dignity than any Kings, and the greatest Monarches in the world: and that therefore Kings, even by Paul's Doctrine Rom. 13. ought to be subject to the higher power and jurisdiction of their Parliaments, the Laws and Statutes of their Realms; and to be accountable to them, if not subject to their censures, as some affirm, in exorbitant cases of misgovernment which concern the Kingdoms and people's safety. If Kings injuriously take away the lands, goods, or imprison the persons of any particular subjects, the 22. E. 3. 3. Error, ●. Fitzherbert Petition. The petition of Right 3. Car●li. See Ashes Tables Annuity 22. Amerciament. 8. enter. Congeable 84. Entrusion 1, Petition and Traversedes Offices throughout & Habeas Corpus Hieron. Blanc●. Arragon. Rerum Comment. p. 18●. 589. 590. 724. 747. to 761. Law gives every one a particular remedy against them by way of Action, or Petition of Right. If then every private subject may have redress, much more the whole Kingdom, (in and by Parliaments only not in inferior Courts) against their Sovereigns which oppress them; who being subject unto the Laws of God and their Realms, which have Prov. 24. 23. Rom. 2. 11. no respect of persons, may as many affirm, be questioned and judged by them in their Parliaments as well as other princes, great officers of State and Magistrates who in scripture are called Psa. 82. 1, 2. Exod. 22. 8. joh. 10. 34, 35. Gods, the higher powers and said to be Rom. 13. 1, 2 3, 4, 5. Tit. 3. 1. 1 Tim. 2. 2. ordained, to rule Prov●. 8. 15. Deut. 1. 17. 2 Chr. 19 6, 7. judge by and for God, as well, as Kings and Emperors. It is branded as a spice of B. jewels view of a seditious Bull. Dr. Crackenthorp of the Pope's temporal monarchy c. ●, 2, 3, 4, 5. Cassanaeus Catalogusglori● must di pars. 5. cons 7. Antichristian pride in Popes and their Parasites, to deem themselves so High above other men, that they are accountable to none but God for their wicked actions, though many Popes in former and later times, have been See B●laeus de vitis Ponti●●cum. Morne●● Misterium, and ●ere, part 1. questioned, censured, imprisoned and deposed both by Emperors, Kings, and Counsels for their intolerable misdemeanours. And is it not the very self same crime in Kings, in Emperors, and their flatterers, to hold this Popish erroneous opinion, that they are in no case responsible to their whole Kingdoms or Parliaments for their grossest exorbitances? Our Bp. jewels view of a seditious Bull. Matt Paris. and Speed, in King john's life: Bp. bilson's true Diference, etc. part. 3, p, 409, to 526. Saxo grammatticus Hist. Da●i● l, 11▪ p, 189, 190. Popish Prelates and Clergy generally heretofore, and some of our Protestant Bp. Bridges his supremacy of Christian Princes. p. 10●4. Bishops and Divines of late times, from St. Ambrose his practice, have held, that ●●ings for murders, rapes, and great crying offence may be Lawfully excommunicated and censured by the spiritual Law and sword, as sundry Emperors and Kings have been; then why not likewise by the temporal, when their Parliaments and whole Kingdoms see just cause, the case of hundreds of Emperors and Kings in former time, as the Histories of all Nations and ages prove abundantly, beyond all contradiction? I shall here instance in some few King's censures subject to the Roman State and Empire, with whom I shall conclude this discourse touching the Roman Monarches Oratio pro Deiorato Rege. p. 629. Deioratus King of Galatia under the Romans Jurisdiction, and one of their allies, was accused of Treason, and condemned to lose both his head and estate for certain offences against C. Caesar, and the Roman State; as appears by Tully's Oration to Caesar in his behalf, to procure his pardon; which because it was the first precedent of this kind, made his advocate say; tamen ita inusitatum est, Regem capitis reumesse, ut ante hoc tempus non sit auditum: yet long before that, Zedechiah King of judah, rebelling against the King of Babylon, was brought prisoner to the King of Babylon to Riblah, where he gave judgement upon him slew both his sons and Princes before his eyes, and then put out his own eyes bound him with fetters of brass, and carried him prisoner to Babylon, where he died. 2 Kings 25. 1. to 8. jer. 52. 1. to 12. And after De●oratus josephus Antiqu. judaeorum, l, 15, c, ●. Alexander ab Alexandro Gen. Dierum. l. 3, c, 5, f. ●●6. Antigonus King of the jews, being taken prisoner by Antonius, for moving sedition against the Roman State, was beheaded with an axe at Antioch, without any legal trial, to prevent further seditions, which never befell any King before that time, writes Alexander ab Alexandro; And Alexander ab Alexandro ibid. Stra●o Geogr. l, 8, p. 712, 713. Agrippa, not long after, put Bogus King of the Moors to death, for siding with Antonius. Of later times, I read that Grimstons' Imperial history, p, 389. Ludovicus Pius the Emperor taking Bernard his Nephew (King of It●ly) prisoner, for rebelling and denying his superiority over him, carried him into France, to determine what should be done with him according to justice, for this his offence; where (though a King) he was condemned to death and executed, as some, or at least cast into prison, and had his eyes put out, as others write: So Munster's Geogr. l. 2, 6, 76, p. 〈◊〉. Gen▪ hist, of France. p. ●35. Charles of France taking Conradine King of Sicily prisoner, publicly arraigned and condemned him of high Treason, and cut off his head, Anno 1208. Yea, our own Matth. Par. Hist. Angl. p. 273, 274, 275. Gen. hist. of France. p, 119. King john being a Feudatary to the King of France, was by Philip the French king in a full Parliament there (during his absence in England) arraigned, condemned to d●ath, and deposed from his Crown by the sentence of his Peers, for murdering his Nephew, Arthur, (than a Subject of France) with his own hands: So Speed, p. 653, 654 Hect. Boetius, l. 14. Walsing. Holins. Fabian, Gra●t. and others. john Bailiol king of Scotland, renouncing his homage for that Crown, to king Edward the first, was for this offence compelled to resign his Crown with all his right to the kingdom of Scotland, to King Edward the first, and sent Prisoner to the Tower of London: and Speed, 1156. 1196. Cambd. Esiz. Holinsh. Stow, Martin, Buchanon. Mary Queen of Scots, within many men's memories, after long debate in Parliament, was condemned and beheaded at Fothringham Castle, Febr. 8. An. 1587. for laying claim to the Crown of England, and other particulars mentioned in our Historians. And thus much for the Roman, Grecian, Germane Emperors, kings and kingdoms. I shall now give you a brie●e Survey of what Greek Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdoms, in Greece and other places. That great Father of Learning and policy Aristotle, (Tutor to the greatest Emperor Alexander the Great) whose Authority is irrefragable in our Schools; resolves: Polit. l. 3. c. 10, p. 209. 210. and l. 5. c. 10. p. 367. That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joint consent of the people, and founded, confirmed by the customs and Laws of each country, (which Hist l 6. p. 621. etc. Polybius also affirms) Polit. l. 3. c. 10. 11. and l. 5. c. 10, 11. That there are 4 several sorts of Kings, some of greater, some of lesser Authority and continuance then others: some elective, some successive, some during ●ife, some Annual, all of them receiving their distinct jurisdictions, Forms, Limitations, and different Royalties, from the people's primitive or subsequent institutions and consents. For all men being equal by the Law of nature, can have no dominion nor Superiority one over another, but by their own voluntary consents. That the Polit. l. 3. c. 7. 10, 11, 12. Laws, (not the King's Princes, or Magistrates be they one or more, or never so good) ought to be the sole Lords or Rulers of the Commonwealth, and that Princes and Governors ought to govern by the Laws: who cannot command what the Laws do not command. That those who command that the Law should rule, command that God and the Laws should rule: but he that commands a man to be a Prince, he commands that both a man and beast should be Princes: for covetousness and the lust of the mind is a certain beast, which perverts both Magistrates and the very best men; but the Law is a constant and quiet Mind and Reason void of all motions of lusts and desires. Polit. l. 3. c. 10 p. 19●. That the power of the greatest things, and greatest power, ought (DE JURE) of right to be in all the people, because their wisdoms, resolutions, and revenues considered altogether, are greater and more considerable than those of a few wise or honest men plase in the highest offices of Magistracy, who are but a small particle of the State in respect of all the people. Polit. l. 3. c. 11. p. 217, 218. That the people ought to be of more power than the King or greatest Magistrates to prevent their Tyranny and Oppression; and that a King ought to govern by his Laws, and not to do any thing against them, according to his lust; wherefore he ought to have so much power and force wherewith he may protect the authority of the Laws: yea he must necessarily have forces and power, yet so much only, as thereby he may be able to curb every particular man, or many also: yet not so great power but that, a populo au●em universo idem REX ILLE IPSE COERCERI POTEST, the very King himself may yet BE KERBED by all the people: such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governor over the City: And when Dionysius required Guards, a certain Syracusan persuaded them to curb such Guard●: to which Hist. l. 6 p. 521. Polybius also suffragates. According to these Rules of Aristotle, I read in Antiq. Rom. l. 2. sect. 2. p. 133. Dionysius Halicarnassaeus, and Hist. l. 6. p. 525, 526. Polybius, that in the Lacedaemonian Commonwealth, the Kings had not the chief Dominion, so as they might do what they pleased, sed summa totius Reipub. administratio penes Senatum erat: but the chief Government of the whole Commonweal was in the Senate, from whence the Romans took their pa●terne. Genial Dierum. l. 4. c. 23. f. 238. & l. 3. c. 3. f. 117. De Moribus Gentium. See Xenophon Hist. Graec. l. 5. p. 504 & de Laced, repub. p. 690. Alexander ab Alexandro, Boemus, and Xenophon write, That the Lacedæmonians sometimes elected a King out of the Family of the Heracli●●●, or of Agis, but more often two joint Kings of equal Authority out of the stock of Proclus and Aemisthenes, who yet had not the chief Command as Kings, Quiajuris om●is publici potestas penes Senatum erat, because the power of all public law or rule was in the Senate (the better to keep their Kings from attempting and usurping a Tyranny; they being Kings rather in name then Dominion, and like the Achaean two Annual Praetors; whence Pol. l. 3. c, 11. Aristotle makes them, the lowest rank of Kings. Commonw. l. 2. c. 5. p. 221. 222. john Bodin informs us, That in the Lacedaemonian Aristocracy, the Sovereignty remained in the State, wherein were two Kings without any Sovereignty at all, being indeed nothing else but Captains and Regi in exercitu nihilrestat negotii, quam ut rerum divinarum respectu sit Sacerdos, humanarum ucro Imperator, Xenophon Lacede. Resp. 689. Generals for the managing of their Wars; and for that cause were by the other Magistrates of the State, sometimes for their faults condemned to pay their fine, as was Agesilaus, and sometimes to death also, as was Agis and Pausanias: Plutar. Apotheg. p. 468. Agis the last of the Lacedemonean kings (as Plutarch records) being apprehended and condemned by the Ephori, without an Indictment, and then hanged in a halter. Finally Polit. l. 5. c. 11. p. 369. Aristotle himself, and De Agesil. Reg p. 651. Xenophon inform us; that the Kingdom of the Lacedæmonians flourished very long, yea longer than any other form of Government, because their King's power was but small, and their Kings never desired greater things than the Laws would bear, by which they had received their Kingdom in the beginning: for in the beginning that Kingdom was divided between two joint Kings: After which Theopompus left it more moderated to his successors, and constituted the Magistracy of the Ephori (who had power even to depose and execute their kings if they offended, and rose not up out of their seats unto them;) to retain that moderation; By which means he verily weakened the power of the Kingdom, but yet certainly settled it more lasting and stable: Whence Theopompus gave this answer to his complaining and upbraiding wife; whether he was not ashamed to leave the Kingdom less to his Children then he had received it from his Father? No truly, saith he, for by this means I leave it more stable and lasting. A Speech well worthy the consideration of the very greatest hereditary kings These Lacedaemonian kings (whose honours, writes Xeno. de Lacedem. Repub. p. 690. Xenophon, were not much better than those of private men; Etenim, neque Regibus animos addere Tyrannicos voluit, L●curgus, neque civibus eorum potestatem invisam reddere, took an Alexan. ab Alex. l. 3. c. 5. f, 126. Caelius Rhodig, Antiq. Lect. l, 7. c. 10. Oath every month, to govern the Kingdom according to the Laws enacted. I find that the Alexan. ab Alex. l. 3. c. 5. f, 126. Caelius Rhodig, Antiq. Lect. l. 7. c. 10. Cumaeans had a Magistrate whom they called Phylactus, whose office was, to come into the full Senate, and hold the King's hands who stood in judgement before them, until by the Senators decree, their reward or punishment was appointed. By which it is apparent, that the Cumaean Senate was above their kings, and did usually arraign and punish them judicially, if they saw cause; as they rose up in Arms against Plutarch. de virtutibus mulierum, p, 544, 545. Aristodomus their king, (who tyrannised over them) by Zenocrita her instigation, slew him, and so recovered their Liberties. The Alex. ab Alex, l, 3. c, 3, f, 117. ancient Carthaginians had two kings, whom they styled Suffites; who were but annual, removed every year▪ Yea, the Iberians and Parthians had two joint kings in ancient times, the one to judge the other to govern the people. In Strabo Geog l. 17. p 689. Al●x, ab Alex. l. 3. c. 3. Diod●rus Siculus Bibl. hist. l. 3. c 6. p. 140, 141. Meroe, where they elected their kings by their beauty, strength or wealth; their Priests had the chief power; who had so great authority, that sometimes (like the Pope and his Nuntioes) they would send a Messenger and command the king to be put to death, and make another in his steed. Which custom was after abolished by one of the kings, who violently assaulted and slew all the Priests: and in Alex. ab Ale. l. 3. c. 5 f 123. Diod. Sic. Bibl. hist. l. 3. p. 140. Meroe if the king offended, after the Priest's power was abolished, they inflicted no corporal punishment on him, but all with ●rew themselves from him and avoided his company till he was killed with grief and consumption. The Strabo Geogr. l 1●. p. 148 Alex. ab Alex. l. 3. c. 10. Munst. Cosmog. l. 5. cap. 113. Boe. de moribus Gent. l. 2. c. 8. p. 102. Indians will not permit their king to sleep in the day time, and if he be drunken at any time if any w●man (of whom he hath a guard) kill him whiles he is drunke● she is so far from being guilty of Treason, that for a reward, she shall be married to his Successor: much like the ancient public institution of the Sclavonians, recorded by Hist. Danic●, l. 8. p. 140. ●axo Grammaticus, that the assassinate of evil Kings should succeed them in their kingdoms; a things frequently practised in many kingdoms; and Empires, though very ill enacted in any. The Alex. ab Ale. l. 4. c. 23, f 239. Sabaeans confined their Kings to their Palaces, and used to stone them if they went forth of their bounds. The Alex. ab Ale. l. 3, c. 11. Mosseriaei whose kings were elective, used to punish them, when they offended, by keeping them fasting a whole day's space. Among some of the Munst. Cos. l. 5. c. 137. p. 1248. Indians, if the king dies, having male children of his own, or cousin-germans, or brother's children, they shall not succeed him in the kingdom, but his sister's son, if there be any; if not, than his next alliance; and that, ex gentis instituto, by the institution of the Nation; the reason is, because their Priests used to dest●ure the Queen, whose issue is held to be illegitimate. In Munst. Cos. l. 4. c. 53. p. 1089 Boe. de Morib. Gentium. l. 3. p 209 210. Thracia, the people elect a king who is well qualified, merciful, grave for his age, and one who hath no children: For no Father, though never so well qualified, is admitted to reign; and if he fortune to have issue while he reigns, he is deprived, and so kept, lest the kingdom should become hereditary. Yea, though the king be never so just, yet they will not that he should have the whole power, but appoint him 40. Governors, left he alone should judge in capital causes: And if he be convicted of any offence, he is punished with death, yet not by laying violent hands on him, but by public consent, all food is kept from him, so as at last he perisheth with famine. The Alex▪ ab Ale. l. 4. c. 23. f. 239. Taprobani had this custom, that no man who had any children should be chosen king, lest he should claim the kingdom as hereditary, and make it so. The Gen. Dier. l. 4. c. 23. & l. 3. c. 11. Athenians, jonians, Milesians, Marchomanni Quadi, Persians, Sicilians, Corinthians, Parthians, Meroes', Gordii, Medes, Paphii, Cathians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had several Customs, Laws, Rules, (over-tedious to recite) by which they elected and inaugurated their kings (of which you may read in Alexander ab Alexandro Geog. lib. Strabo, De Meribus Gentium. Boemus, Ind. Hist. Peter Martyr, Pilgrimage and Voyages, Merula, Munst. Gotard. Mercator, Nou. Orbis. Purchas, and others) and different degrees of power and government derived from their kingdoms and people, the sovereign Authority still residing in them to prescribe both Laws and limits to their kings, and call them to public account for their gross offences and misgovernment. The ancient Died. Sicul. Bibl. hist. l. 3. c. 5. p. 140. Boem. de moribus Gent. l. 1. c. 4. p. 27. Forts. de Laud. Leg. Ang, c. 12. Aethiopians elected the most fanatique Priest for their king, whom though they adored and honoured for a God, yet Vitam agere STATUTAM LEGIBUS DEBET iuxta patrios mores, he ought to live such a life as the Laws appointed him, according to the manners of the Country, neither ought he to reward or punish any man himself, though chief par●s of Royalty. The Boem de mor. Gent. l. 3. c, 12▪ p. 341. old Germane kings had no free nor infinite, but are strained and bounded power by the Laws. Bibl. Hist. l. 1 sect. 10. p. 61, 62, 63. Boem. De Mor. Gent. l. 1. c. 5. p. 37, 38. Forts. c. 12. Diodorus Siculus writes, that the first Egyptian Kings lived not like other Monarches, to rule all things according to their wills, Nullis obnoxii censuris, as obnoxious to no censures; but all things, not only their public actions, but even the regiment of their daily life, were conformed to the rule of the Laws (as hethere manifests in sundry particulars) botb in respect of their attendants, dispatches, devotions, recreations, moderate spare diet, and the like; neither was it lawful for them to judge, nor do any thing, nor punish any man out of petulancy or anger, or any other unjust cause, contrary to what the established Laws required concerning every of them. Whiles they observed these things customarily, it was so far that they took it ill, or were offended in mind, that on the contrary they thought they lived a most blessed life. For other men rashly giving indulgence to the affections of nature, acted many things accompanied with losses and dangers; yea some men ofttimes although they foreknew they should sin, did notwithstanding perpetrate evil things, being led away with love or hatred, or some other perturbation of mind; but they, embracing the rule of life approved by the most prudent men, resolved not to err from their duty in the least degree. Whiles Kings used this justice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the College of Priests, but the whole Nation of the Egyptians, and likewise every one of them were not so careful of their wives and children and private goods, as of the safety of their Kings: Wherefore they preserved the estate of the Republic entire for a long time under the mentioned kings, spending their life in greatest felicity, as long as this constitution of Laws flourished. And when these kings died, all the Egyptians generally mourned for them in an extraordinary manner divers ways, made solemn Orations in their praise, buried them with great pomp and solemnity, and erected Pyramids to their eternal honour; all which funeral pompous solemnities many ill kings wanted after their deaths, ob plebis refragationem, because the people gainsaid it, (who together with the Priests and Senates, who were ever present with the kings to assist, counsel, and direct them, were superior to their kings, since they could thus decree or deny them these funeral honours) which made many of their following kings to addict themselves to just actions too, for fear of contumelious handling and sempiternal ignominy after their decease. So this Author. To which I shall add Memorabi●ium, l. 4. p 813. De Laced. Repu. p. 690, 691. Xenophons' definition of a Kingdom and Tyranny: A kingdom, is an Empire over men by their free assents according to the Laws of the City: And a Tyranny, is an unlawful Empire over men against their wills, which depends upon the will of the Prince. And this observation of Hist. l. 6. p. 118, to 126. Polybius, That kings in ancient times did give themselves wholly to do that which was honest and just, and to suppress the contrary; the very beginning of all true kingdoms, and the end for which kings were first instituted by the people. Whiles they thus demeaned themselves, they were subject to no envy, because they differed not much from others, neither in apparel, nor in meat and drink, but observed a conversation of life conformable to other men, and lived perpetually like to others. But afterwards, when those who obtained the principality of succession, and the prerogative of their blood had those things already provided, which made them able to secure themselves, and to support their state, following their lusts by reason of their abundance, they then thought, it belonged to Princes to be better clad then subjects, to exceed them in costliness and variety of meats, and to use venery with whom they pleased: Hence envy and offence was begotten, and implacable hatred and anger kindled, and a kingdom by this means changed into a Tyranny: Hence men most generous and magnanimous bold spirits▪ unable to bear such affronts and insolences of Princes, seditiously conspire against them; and the people having got such Captains to make resistance, join with them for the foresaid causes, that the Princes may be repressed. And thus the form of a Kingdom and Monarchy is utterly taken away by the roots, and the beginning of an Aristocracy again laid, the people refusing to set any more a King over them, yet not daring to commit the Republic 〈◊〉 many, fearing as yet the iujustice of Superiors, and therefore most esteem equality and liberty; So that the Sovereign power of settling, of changing the Kingdom and form of government resides principally in the people, who (as he there largely proves by the Lacedaemonian and Roman state) ought to enjoy the Supreme authority, and to be above their Kings; as it seems the Egyptians did, Munst. Cosmog. l. 6. c. 19 p. 1298 1299 who deposed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, setting up Cleopatra his eldest child in his Thr●ne; and as the Roman Senate did, Bodin Commonw. l. ●. c. 1. p. ●73. who had power to dispose of the common Treasury and revenue (one of the greatest points of Sovereignty) to appoint Lieutenants and Governors of Provinces, to grant Triumphs, to dispose of Religion: (for which cause Apolog. adv. Gentes. Tertullian saith, that never any God was received in Rome without the decree of the Senate,) See Liv● Passim. and to receive, answer, and dismiss the Ambassadors of Kings and Nations, which none else did but the Senate; whose Sovereign power was such, that Tiberius the Emperor in the beginning of his Reign called the Senators (assembled altogether in the Senate) Indulgentissimos DOMINOS, his most loving LORDS, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read in Annaliuml. 1. Commonw. l. 3. c. 1. p. 276. Tacitus) though they were his Subjects and inferiors when divided and severally considered: And such Sovereign power had the Panaetolium or general assembly of Parliament among the Aetolians, who received and answered all Ambassadors, determined all affairs of war and peace, it being provided by the Laws of the Aetolians, that nothing should be entreated of concerning peace or war, but in their Panaetolium or Pelaicon Council, as Hist. Rom. l. 31. & 35. Livy and Commonw. l. 3. c. 1. p. 261. Bodin record. But to leave these ancient, and come nearer our present neighbour Kings and Kingdoms of greatest eminency and power, which may parallel our own; The Kings of France (to whom Pars 5. consid. 29, 30, 31. p. 243. etc. Cassanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperor himself, whiles but elect, before his Coronation,) have in ancient times been inferior to their Kingdoms, Parliaments, and subject to their censures even to deposition, if not more, though Cassan. Ibid. & Bodin Commonw. l. 2. c. 10. 5. l. 1. c. 1. l. 3. c. 1. some cry them up for absoluts Monarches, and make them little better than Tyrants now. Commonw. l. 2. c. 1. p. 222. john Bodin, a learned French Lawyer and Statesman, writes, That in ancient times the Kings of the Cities of the Gauls were subject to their States; whom Caesar for this cause oftentimes calleth Reguli, little Kings, being themselves subjects and justifiable to the Nobility, who had all the Sovereignty, causing them even to be put to death if they had so deserved: And that is it for which Amphiorix the Captain General, whom they called the King of the Lingeois said, Our commands are such, as that the people hath no less power over us, than we over the people: Wherein he showed evidently, that he was no sovereign Prince; howbeit, that it was not possible for him to have equal power with the people, as we have before showed: Wherefore these sort of Princes, if they, polluted with wickedness and villainy, cannot be chastised by the Authority and severity of the Magistrate, but shall abuse their wealth and power unto the hurt hurt and destruction of good men, IT ALWAYS HATH AND SHALL BE LAWFUL not for strangers only, but even for the subjects themselv●s also, to take them out of the way: But if the Prince be an absolute Sovereign, as are the true Monarches of France, etc. where the Kings themselves have the sovereignty without all doubt or question not divided with their subjects; in this case it is not lawful for any one of their subjects in particular, or all of them in general to attempt any thing, either by way of fact or justice against the honour, life, or dignity of the Sovereign, albeit he had committed all the wickedness, impiety, and cruelty that could be spoken: so Bodin. By whose words it is clear, that the ancient kings of France we●e inferior in Jurisdiction to their whole kingdoms and Parliaments, yea censurable by them to deposition or death: Yet that their kings of late are grown absolute Monarches above their kingdoms, Nobles, Parliaments, and so not responsible to, or punishable by them for the grossest misdemeanours: But if this their absolute Monarchy be only an usurpation (as many conceive it,) not of right, by their Parliaments and kingdoms free grants and consents, they are still, in truth, of no greater Authority, nor no more exempted from just censures, than their predecessors. Now it is clear, that in ancient times, Fabian. pa. 5. 6. 155. par. 6. p. 154. 160. 164. 243, 244. par. 7. p. 107, 108. 280, 282. Andrew Favins Theatre of Honour, l. 2. c. 12. Munsteri Cosmog. l. 2. c. 40. p. 139, 140. Paulus Aemylius, l. 1. Macutus Atlas, p. 254, 255. Bodin Commonw. l. 3. c. 1. the 3. Estates and great Council of France assembled in Parliament, and their twelve Peers (or kings as Fabian terms them) were the highest power and judicature, from which there was no appeal; that the Ki●gs of France could make no binding Laws but by their Authority (though now of late they do what they please) and that they have judged the differences between the Crowns of England and France (as I have formerly proved) and exercised the same, or as great authority as the Parliament of England hath done, which authority it hath lost by certain degrees. To give a few more instances to clear this truth. Paulus Amyl l. 1. Gaguinus and the general History of France in his life, jean Crispin Lestate de Leglise. 144. Fabian, par. 5. c. 75. p. 66. Munster's Cosmog. l. 2. c. 41. Pharamont, the first King of the Franks, that Reigned in France, An. 420. was elected King by the unanimous vote and consent of all the people: and by their advice and consent, in his Reign, the Salic Law was made to Regulate the descent of the Crown, that no women should be heirs to it, or claim it by descent; which Law continues of force un●ill this day, as all the French historians generally accord, who make frequent mention of it; though our English have much oppugned it, as you may read in 2. H. 5. f. 35. etc. Hall and Hist. p. 685. 687, 786. 787. etc. Speed Fabian. pa. 5. c. 86. Gagui. Emyl. the General Hist. of France, Crispin, Munst. and others in his life Childericus the fourth King of France about the year 460. giving himself to all vice and cruelty in such extreme wise, that he became audible to his subjects, perceiving the murmur of the people, and fearing his sudden destruction, by the counsel of Guynemeus, fled out of his kingdom to Beseigne king of Thuringe. Whereupon the Frenchmen with one assent, chose Gyll a Roman, for their King and governor: who laying grievous Taxes upon his Subjects by the fraudulent counsel of Guynemeus (a fast friend to Childericus) and using sharp, execution upon some of the Nobles, so far discontented his subjects that by the help of Guynemeus, they deposed and chased him into Soysons; and sending for Childericus again, restored and made him King: after whose death his son Clodoviu●, was by the people ordained and authorised for King of France: between whose four sons it was afterwards divided Fabian, pa. 5. c. 122. 126. Gaguyn. Emyl. the Gen. hist. of France. After the death of Chilpericus, Clotharius being very young, Gunthranus king of Orleans his uncle) with the assent of the Nobles of the Realm, was made his Tutor: who coming to age, he offered to refer the differences between Sigebert and himself touching Austracy, (to which both laid claim) to an Assembly of the Lords of that Kingdom: and condemned Queen Brunicheild by the unanimous consent of the Lords, to be tied by the hair of her head to a wild horse tail, and so to be drawed while she was dead; for her many murders and criminous deeds; which was accordingly executed. Fabian part. 5. c. 132. Gag●ianus, Paulus Aemylius, Crespin, the general Hist. of France. King Dagobert exercised such tyranny and injustice in pillaging his commons by Exactions and Tributes, that those who dwelled in the out parts of the Realm near the Turks, and other strange Nations, chose rather to put themselves under their government, than under the Rule of their own natural prince: Poytiers rebelled against him, his L●ds murmured so much against him, that Pippin and Martain (two of his great Lords and agents) to save his Crown, dissuaded him from his ill counsels: whence a little before his death, calling a great counsel of his Lords Spiritual and Temporal, he made his will, and settled his Kingdom by their advice; dividing it between his two sons. Fabian. part. 5. c. 138, 139, 140. Gag●inus, Aemylius, Crespin, the general History of France, in his life, and the life of Childeri●us. Theodoricus king of France, giving himself to sloth and idleness, committed the government of the Realm to Ebroyn Mr. of his Palace, who did what he liked, and vexed and troubled the Subjects grievously; wherefore by assent, the Lords assembled them, and by authority deprived the King of all Dignity, and closed him in a Monastery during the residue of his life, when he had borne the name of a King without executing of the art thereunto belonging, three years, the cruel Ebroyn they exiled to Luxenbourgh during life; making Childericus br●ther to Theodericus King, Ann. 669. who oppressing his subjects grievously, and using the Laws of his progenitors after his pleasure, and unjustly causing a Nobleman called Belin to be tied to a stake and beaten to death, without guilt or Trespass. Hereupon the Lords and Commons, fearing like punishment without deserving, murmured and conspired against him, and slew him and his wife (than great with Child) as they were hunting in a wood: After which they restored Theodericus (whom they had deposed) to his former dignity; under whom Ebroyn getting into place and favour again, used such Tyranny towards the Nobles and People, that Pippin and Martaine raised a great army against him, lest he should destroy the Commonweal, gave him battle, and at last Hermefreditus slew him: After which Pippin was made Master of the Palace in his place. Fabian. part. 5. c. 144, 145. Gaguinus, Aemylius, Crespin, the general Hist of France. K. Dagobert the second dying without any Issue or known He●re at all, one Daniel (after named Chilpericke) a Priest, was by the Lords and people's general assent chosen King of France, Anno 721. for that by their former experience of him, they deemed him apt for the rule of the Land. After whose death, Theodoricus son to Dagobert, (secretly fostered among Nuns within Nunneries in woman's clothing) was espied and admitted for King: During most of the forenamed Kings, the grand Master of the Palace swayed the Kingdom at his pleasure, and executed the Office of the Kings, who had nothing but the bare name of Kings, and were subject to this grand Officer: Whereupon Theodoricus dying, Fabian. part. 5. c. 150, 153. general Hist. of France, Gaguinus, Aemylius, Crespin, Turpin, Chronicon. Chronicarum, Sabellicus, Opmeaneus, in the life of Childericke and Pipin, Aventius Annal. Boyor. l. 3. An●onini Chron, Tit. 14. nu. 1. sect. 2. Munst. Cosmog. l. 2. c. 41. ●ish. lewels Reply, p. 341, 342, 343. Bishop Bilson of Christ. subjection etc. par. 3. p. 418 to 423. Blondus Decad. ●. l. 10. Nauclerus, vol. 3. gen. 26. Regi. no, l. 2. An. 722. Papprius Masson, An. in Child. p. 83. Aynion. Gest. Fr. p. 403. Childericus his son being a Sot, and for his dulness unfit to govern, Charles Martell Master of the Palace, (who swayed all things in Theodoricus reign) deceasing, his two sons Charlemagne and Pipin, by the advice of the Nobles of the Land, considering the insufficiency of the King to rule so great a charge, divided the Land of France between them, so that either of them should under the King Rule and Govern such proportion as then there was to them appointed: Charlemagne soon after renounced his Government and turned Monk; and Pippin, as only Ruler, took upon him the charge of the whole Realm, Pippin then considering in his mind in what danger and trouble before him, his Father, and he now had ruled the Land, and that the King to whom belonged all the charge, kept his Palaces, and followed all his delights and pleasures, without taking any pain for reformation of the same; sent an ambassage to Pope Zachary, (ask his advice in point of conscience,) Whether it were more necessary or wealfull for the Realm of France, that he should be admitted for King, that did nothing but apply his mind to all bodily pleasures, without care and charge taken upon him for the guarding of the Land, and the People of the same; or he that took upon him all the charge and pain in defence of the Land, and keeping of the people in the due subjection? To th●s the Pope answered, and wrote back to Pippin, that he was best worthy, and most profitable for the Realm, to be admitted for King▪ that ruled well the Commonalty by justice and prudence, and the enemies thereof defended and subdued by his policy and manhood. Annal. Boiorum, l. 3. p. 299. Aventine relates his answer more largely, in these words; I find (saith Zachary) in the Story of Divine Scripture, that the people fell away from their reckless and lascivious king, that despised the counsel of the wise men of the Realm, and created a sufficient man, one of themselves, King; God himself allowing their doings: All Power and Rule belongs to God, Princes are his Ministers in their Kingdoms; And Rulers are therefore chosen for the people, that they should follow the will of God, the chief Ruler in all things, and not do what they life● He is a true King that guideth the people committed to his charge according to the Prescript and Line of God's Law; all that he hath, as power, glory, riches, favour and dignity, HE RECEIVETH OF THE PEOPLE, and the people, MAY WHEN THE CAUSE REQVIRETH, FORSAKE THEIR KING. It is therefore LAWFUL for the Franks and Germans, refusing this unkindly Monster (Childericke) to choose some such as shall be able in war and peace, by his wisdom to protect and keep in safety their Wives, Children, Parents, Goods and Lives. Which answer of the Pope (recited and approved in our own King La●●bards Archaion, f. 130 Fox Acts & Mon. vol 1. Edit, ult. p. 244. Edward the Confessors Laws, and Childerickes deposition likewise Chap. 17.) being declared to the Lords, Barons, and Commons of the Realm (whom this Pope likewise wholly absolved from their allegiance to Childericke) soon after, they of one assent and mind▪ proceeded, and deposed, and put down their King and Governor, Childericke. Antonini Chron. Tit. 14. 14. n. 1. sect. 2. f. 102. Blondus Decad. 1. l. 10. Sabellicus Enead. 8. l. 8. Gaguinus l. 3. in Car. Martel. Nauclerus vol. 3 gen. 26. Gratian. Caus. 15. qu. 6. Platina in Zach. 1. Frisin. l. 5. c. 22. Fabian, part. 5 c. c. 132. p, 141. Amonius digest. Franc. p. 403. being a Sot, a fool, abeast, and one unfit to govern, and closed him in a Monastery, after he had reigned ten years in the King's room, by name only; which done, they unanimously elected and crowned Pippin for their King: By means whereof the Royal Line of Moroveus after 17 descents ended, and the Crown was translated to Pipins' blood. Which act in point of policy, is determined lawful by Hist. l. ●. p. 521. Polybius, who Writes, That the reason why some Kingdoms became hereditary, was only this, because their first Kings being virtuous and worthy men, they were persuaded their Children would prove like them; but if at any time they degenerate, and prove otherwise, and the Though that of Plinius secundus, Panegyr. Traiano dictus, p. 8. be true, Quod aequiore animo ●erunt homines quem Princeps parum faeliciter genuil quam quem malè elegit. posterity of the first Kings displease the subjects, they thenceforth make the Kingdom elective; choosing Kings, not according to their strength of body and minds attempting great things, but according to the difference of their will and reason manifested by their actions: And by Polit. l. 5● c. 10. Aristotle, who informs us, That in Kingdoms confirmed in succession of blood, this is to be numbered among the causes of their ruin, that the Kingdoms descend to many contemptible and slothful persons, who although they obtain no tyrannical but Royal dignity, yet they live lustfully and proudly; and so the Kingdom easily falls to ground, and becomes a tyranny, the people being unwilling that such should rule over them; and so either wholly alter the form of government, or make choice of a fitter King for the necessary preservation of the State; yea this election in poi●t of Policy and Divinity too, is justified and proved lawful by Buchanan, in his Book de jure Regni apud Scotos; by john Mariana, de Rege & Regis Instit. l. 1. c. 3, 5. by Pope Zachary in his forecited Epistle, by King Edward the Confessor in his Laws c. 17. by a general Council of all the Peers, and Prelates of France; Convocato enim Principum et Senatorum Concilio de COMMUNI SENSV ET VOLUNTATE OMNIUN Childericum solo nomine Regem à regni fastigio deponunt, etc. ac OMNIBUS GAVDEN●IBVS ET VOLENTIBUS, Pipinum super Francos REGNARE FACIUNT; writes Chron. tit. 14. c. 1. sect. 2. f. 103. Antoninus: and in a word, our Bishop Of Christian subjection, par 3. p. 420. Bilson himself, an Anti-Puritane, and great Royalist, affirms, That if the King be a natural fool, distracted, and altogether unable to govern, as Childericke was, any Realm, by public consent and advice, may choose another to govern them: of which more before. Pipin Fab. par. 6. ●. 154. Gaguin the Gen. Hist. o● France. deceasing, Charlemagne and Charles the great, his sons, reigned jointly over the Frenchmen, by their joyous admittance. Having now two Kings instead of one Fab. par. 6. c. 2●4. Grimst. ●mper. Hist. p. 390, 391. Gaguin▪ The Gen. hist of France, Turpin Antoninus, Munst. Crespin, Papyr. Masson, and others. Lewes, surnamed the godly, son of Charles the great, (a pious, yet unfortunate Prince) by means of his son Lothair, was first imprisoned, and then by a Council and Parliament held at Compaygne, by authority of the spiritual and temporal Lords, and of that Parliament, discharged of all rule and dominion, as well of the Empire, as of the Realm of France; after that shorn a Monk, and thrust into the Monastery of Saint Mark, where he was strictly guarded; and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity; he answered them: That the deposing of him was done by the whole Authority of the Land; wherefore if he should be again restored, it must be by the same Authority, and not by him only: After which by the Lords assents he was restored. Fab. par. 6. c. 175. Gaguin. Gen. hist. of France. Lewes and Charles, after Lewes Balbus their father's death, were joint Kings of France, and being very young, by a Parliament held at Meaux, Lewes the Emperor, their Uncle, was declared to be more apt to rule the Kingdom of France, than these Infants, or Barnard their Guardian, and these Children held by some illegitimate. Whereupon, by the greater number of voices an Ambassador was sent to the Emperor, to come and take upon him the Rule of middle France, which he coming to do, his Nephew's friends compounded with him, and then caused these Infants to be crowned and proclaimed Kings. Fab. par. 6. c. 175. Gaguin. Gen. hist. of France, Herma-Schedel, Crispin and others. Charles the simple, at his Father's death, Anno 895. being too young to take upon him the charge of the Realm, the Lords of France put him under good and convenient guiding, and of assent they chose Eudo, a man of great fame and worth, to be King of the Land, for the term of his life, and to guide the Land, till Charles should come to his lawful age, whom they put under Eudo his tuition, making him King in his stead, who was crowned of Walter then Archbishop of Senys. After which when Eudo knew he should die, he called before him the Lords and Nobles of France, charging them by solemn Oath, that after his death they should immediately crown Charles for their King (whom he had brought up with diligence in learning and all Princely virtues) being then of age to govern. Charles coming to the Crown, the Danes miserably wasted ●is Kingdoms; Whereupon his Nobles and people assembled themselves in sundry companies, and w●nt to the King, showing their misery and blaming his fearfulness and negligence, that he no more for him resisted the Danes cruelty; Whereupon (he out of fear belike, lest they should choose another King to protect them) compounded with Rollo chief Commander of the Danes, giving him all Normandy, and his own Daughter in Marriage, to purchase peace; Fabian. p. 6. c. ●82, 183. 186, 201. Gaguin. Turpin, General Hist. of France. Charles being afterwards slain by Hebert Earl of Vermendoyes, Algina his wife mistrusting the Frenchmen, fled secretly with her young son Lewes (Heir to the Crown) to Edward the Elder into England: Whereupon, that the Land might not be without a Ruler, the Lords of France assembled at Paris, and there took Council to elect a new King: where, after long debate, they named and crowned Raulfe, son to Richard Duke of Burgundy King, as next Heir to the Crown but young Lewes: Raulfe dying after he had reigned 12 years, the Nobles hearing that Lewes was alive in England, sent for him into France and crowned him their King Fab. par. 6. c. 201. 202. Gaguin. Turpin, Chron. Chron. Opmerus, Crisp. Gen. hist. Fran. . Lewes the 6. dying without issue, being the last King of Pipens blood (who enjoyed the Crown 10. descents) Hugh Capet usurped the Crown, putting by Charles Duke of Loraigne, Uncle and next heir to Lewes, whom by the Treason of the Bishop of Lao●, he took prisoner: After which the Crown continued in this Hugh and his Heirs. Fab pa. 7. c. 243, 244. Gaguin. the. Gen. hist. of France. Turpin Thea●. of honour, l. 2. c. 12. Philip the 2. of France, by a counsel of his Prelates was excommunicated for refusing to take Ingebert his wife, whom he unlawfully put from him, and to renounce Mary whom he had married in her stead; And calling a Parliament, they concluded, that King john of England should be summoned to appear as the French Kings Liegeman, at another Parliament to be holden at Paris within 15. days after Easter, to answer to such questions as there should be proposed to him for the Duchy of Normandy, and the County of Angeou and Poytiers; who not appearing at the day, Philip hereupon invaded and seized them: After which, Fab. pa. 7. An. 1259. p. 68 Lewes the 9 and Henry the 3. of England in a parliament at Paris, made a final composition for these Lands. Fab. pa. 7. p. 102, 103. etc. Gaguin. Lewes the 10. being under age, was thought of many unsufficient to govern the Realm and when he had a mind to go to the holy War (as it was then deemed) he did not undertake it, but by the advice of his great Council of Spiritual and Temporal Lords and persons, who assisted him therein. Fab. pa. 7. p. 187, 188. the Gen. hist. of France. Philip the 4. in the 27. year of his Reign, raised a great Tax throughout France, (which before that time was never heard nor spoken of) by his absolute Prerogative, without consent of his Estates in Parliament, which had the sole power of imposing Taxes: Which Tax all Normandy, Picardy and Champagne allying themselves together, utterly refused to pay: which other Countries hearing of, took the same opinion, so that a great rumour and murmur was raised throughout the Realm of France, in such ways, that the King for pacifying the people, was fain to repeal the said Tax. Fab. pa. 7. p. 187, 188. Gagu. Gen. hist. of France. Lewes' 11. of France dying without issue male, left his Queen great with child, whereupon Philip his Brother reigned as Regent of France, till the child was borne, which proved a male, named john: who dying soon after, Philip was crowned King at Paris, albeit, that the Duke of Burgoyn and others withstood his Coronation, and would have preferred the Daughter of King Lewes. But other of the Lords and Nobles of France, would not agree, that a woman should inherit so great a Kingdom, it being contrary to the Salic law: This Philip by advice of evil counsel set a great Tax upon his Commons to the Fifth part of their movable goods, at which they murmured and grudged wondrous sore, and before it was levied, he fell into a Feever Quartan and great Flix, whereof he died: which Sickness fell upon him by prayer of the Commons for laying on them the said grievous Taxes. Bodin. Common●cal. l. 3. c. 1. p. 254. Charles the fifth of France, See the general Hist. of France in his life. having a purpose to drive all the English ●u● of Aquitaine, and other parts of his Kingdom; and being provided of all things which he thought needful for the doing of it, yet would not undertake the war without the counsel and good liking of the Nobility and people, whose help he was to use therein: Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice, and by their wisdom to amend what had by himself not altogether so wisely been done, and considered of. And this war being at last decreed by the Council, prospered in his hand, and took good success. Whereas when the Subjects see things done, either without counsel, or contrary to the wills and decrees of the Senate or Council, than they contemn and set them at naught, or elf fearfully and negligently do the command of their Princes; of which contempt of Laws, Magistrates, and sedditious speeches ensue among the people; and so at length most dangerous rebellion, or else open conspiracy against the Prince, as Bodin observes. This Fabian. part. 7. p. 192. 193, 263, 274. Speeds Hist. p. 687, 694, 786, 787, 788. Hall's Chron. 2. H. 5. See the general Hist. of France, and Gaguinus in the life of john. Charles dying without Issue Male, leav●ng his Wife great with Child, Philip Earl of Valois, his Nephew, was by the Barons and Lords made Protector and Regent of the Realm of France, until such time as the Queen was delivered; who being brought to bed of a Daughter only, hereupon Philip was crowned King. Between him and King Edward the third of England, and their Counsels, arose great disputations for the Right and Title to the Crown of France; for it was thought, and strongly argued by the Council of England, for so much as King Edward was son and sole Heir to his Mother Queen Isabel, daughter to King Philip le Beaw, that he should rather be King of France, than Philip de Valois, that was but Cousin German to Philip le Beaw: Of which disputations, the final resolution of the Lords and Parliament, was, That for an old Decree and Law by Authority of Parliament long before made, (which the English much oppugned) that no woman should inherit the Crown of France; therefore the Title of Edward by might of the Frenchmen, was put by; and Philip by an Act of the whole French State, (by which his right was acknowledged) admitted to the Government of the same. After which one Simon Poylet was hanged in Chains, Headed, and Quartered at Paris, for saying in open audience, that the right of the Crown of France belonged more rightfully unto King Edward, then to King Philip; who had long wars about these their Titles to the Crown. King Fabian. part. 7. p. 280, to 298. Gaguinus, the general Hist. of France, in the life of this Philip and King john. john of France, in the fifth year of his reig●●, had by authority of the three estates of his Realm assembled in parliament (to wit of the spiritual Lords and Nobles, and Heads of Cities and good Towns of his Kingdom) 3000 men waged for a year, granted to him to defend him and his Realm, against Edward the third King of England; who the next year following took King john prisoner in the field: Whereupon Charles Duke of Normandy, his eldest son, and Heir apparent, assembled the 3 Estates at Paris in a Parliament there held, craving aid of them to redeem their captivated King; who promised their uttermost help herein, desiring convenient time to consult thereof: Which granted, the three Estates holding their Council at the Grey Friars in Paris, appointed fifty person▪ among them to take view, and make search of the grieyances and evil guidance of the Realm; who after examination appointed six of themselves to acquaint the Duke, That the Realm before time had been misguided by ill Officers, and except remedy for it were shortly found, it should stand in peril to be lost; wherefore they besought him to discharge all such as they would name unto him, and over that to forfeit their Goods to the King's use. And first they name Peter Archbishop of Roa●, Chancellor of France, Sir Simond de Bury, chief Counsellor of the King and Parliament too, Sir Robert de Lorize before time Chamberlain to the King, Sir Nicholas Broke Master of the king's Palaces, Engueram Burgess of Paris & under Treasurer of France, john Pryll Sovereign of the money & King's accounts, and john Channeon Treasurer of the King's wars. All which Officers they would should be discharged all royal Offices for ever: Also they would that the King of Naverne (then imprisoned by the King of France) should be set free, and that Duke Charles himself would be contented to be advised and counselled by such as they should appoint unto him; namely, by four Prelates, twelve Knights, and twelve Burgesses, which eight and twenty persons should have authority to rule and ordain all things necessary for the Realm, to set in and put out all Officers appertaining to the Realm, with divers other requests which unto the Duke were nothing agreeable: Upon which requests the Duke gave answer, That he would counsult with his Council, and thereupon would shape unto them some reasonable answer. But first he desired to know, what aid the three Estates would give unto him, for delivery of his Father: Whereunto was answered, that the Clergy had given a disme and a half to be paid in a year, with that, that they may have licence of the Pope, and the Lords as much to be levied of their lands, and the Commons the tenth penny of their movable goods. The morrow following the Duke and his Council met, and after many Messages between them and the three Estates, offers to reform some part of the Articles. But the Estates firmly answered, That unless he would reform all the said faults, and confirm the said Articles to their mind, for the Commonwealth of all the Land, they should not aid him with their Goods, like as they showed him. The Duke hereupon secretly acquainted King John of these proceedings, who wrote to him again, that in no wise he should agree to the said requests, and to the end that these matters should not be touched in open Parliament, he deferred the debate of them from day to day; and at last by advice of his Council, dissolved the Parliament of the three Estates, and commanded every man to return home without any effect of their long counsel: Wherewith many of the said persons were grievously miscontent, saying among themselves, that they perceived well this was done by the Duke to the intent the requests by them devised, should not take place, but that the old misgovernance might continue like as before times it had done: Wherefore divers of them assembled again at the Grey Friars, and there made out divers Copies of the said requests, to bear them into their Countries, and show them unto the good Towns. And albeit the Duke after this Council thus dissolved, asked aid of the City of Paris, and other good Towns to maintain his wars; he was plainly answered, Note this. That they might not aid him, unless the three Estates were again reassembled, and that the grant of the aid might pass by their authority: Whereunto the Duke in no wise would agree. In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake, the King's Lieutenant, to make aid for the King's deliverance, agreed to purvey at their proper costs 500 men at Arms, with a furniture to every spear, and a 1000 soldiers on horseback, 1000 Arbalestres, and 2000 others called Gunsiers: all which to be waged for a whole year; and farther ordained, that no man should wear any furs of great price: that women should leave the rich attire off their heads, and wear neither pearl nor gold upon them, nor silver in their girdles; and that all manner of Minstrelsy should be put to silence, so long as the King remained prisoner. The Duke and his Counsel after this, proclaimed at Paris certain coins and values of money, newly ordained by them; with which Proclamation the Commons of the City were grievously moved: And for reformation, the Provost of the Merchants with others, road to the Earl of Angeou the Dukes Brother and Lieutenant, (who was then absent at Meaux) requesting him to cease the use of that money; And if not they would use such means, that it should not be suffered to be put forth nor taken within the City: Whereupon after long debate it was agreed, that the money should be stopped till the Duke's pleasure was known: Upon whose return, the Duke's counsel sent for the Provost, and desired him to suffer the said money to run and be currant throughout the said City; Which, the Provost with his company utterly denied: and after many great and bold words, departed from the Counsel in great ire, and after their return unto the City, incensed so the Commonalty, that they set apart all workmanship and Occupation, shutting in their Shops, and drew unto their Armour and Harnes. The Duke informed of this murmur of the Commonalty of the City, straight commanded the Provost, that the King's peace were kept within the City; and that he with certain Citizens should appear at the Palace before him and his Counsel the next day, at an hour assigned: at which time the Provost with his company came and were conveyed into the Parliament Chamber, where the Duke and his Counsel were present. Then the Duke after certain Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City, said: That, albert the King by his So it hath been conceived by some, the King by Law might do this in England but Sir Edward Cook in his Institutes on Magna Char●a, f. 575. to 5●9. hath largely proved the contrary; that the King by his Prerogative and Proclamation cannot alter, enhanse or abase his coin, but in and by the Parliament only, because it is contrary to sundry Statutes, it is the sinews and life of trade, and every man's estate consists in it, and so all have a common interest therein, which cannot be altered but by common consent in Parliament. Prerogative, might at his pleasure, and for his advantage, make his moneys when he would, and so to suffer them to be currant thorough his Realm; yet for the weal and ease of his Subjects, considering their manifold and late charges, he was content, that at this season, this new money should be spared; and that the 3. estates should be again assembled, and that they should deprive all such persons then bearing Offices as they should think prejudicial to the Realm, and over that, to ordain such Money as might be beneficial for the Land: Of all which Grants the Provost, to the intent, that he might of authority show them unto the Commonalty of the City, de●●ed a writing: The which the Duke to appease the people, though it were much contrary to his mind and his pleasure, granted unto his request. The thirtieth day of january ensuing, the Duke, at the request of the said Provost, sent certain Officers to the houses of Simon de Burg, and others accused of misgoverning of the Realm, whose houses the said Officers seized and made Inventories of their goods: That done, the Duke sent out Commissions, and assembled the Three Estates again at Paris, the 15. day of February: Where, in the parliament chamber in the presence of the Duke, Estates, and divers Nobles, Robert Coke Bishop of Laon by command of the Duke, made a long Oration, of the misguiding the King and the Land by means of evil Officers, as well by changing of money, as other many unlawful Excises and Taxes, to the great impoverishment of the Commonalty of the Realm, and to the singular enriching and advancement of the said Officers; Wherefore the Three Estates prayed, that all such Officers may be removed from their Offices, and other that shall be thought more beneficial for the King and his Realm to be admitted: Of which Officers the Archbishop of Rouen (then newly made Cardinal) was noted for one, and other to the number of 21. whereof some were right near to the Duke. After which Oration, Sir john de Pigquine, in the name of the Three Estates offered, That the Three Estates should find to the King 30000. men for an whole year, so as all things might after that day be ordered as the Bishop had before devised: All which Articles were unto them by the Duke granted, and incontinently all such Officers as they before had named were cleanly avoided, and other such, as by the said 3. Estates were thought most necessary, were put and chosen to their rooms, except that some of the old (as Masters of Accounts and some of the Precedents and Masters of the Requests) were holden in for a time, to show unto the new, how they should order and guide their said Offices: And the 26 of March was a new money proclaimed thorough Paris, such as the said 3. Estates had newly devised. The King informed of this, sends the Archbishop of Sennes and two Earls from Bordeaux where he was prisoner, with a Proclamation, which they caused to be proclaimed in Paris the 6. of April, That the people should not pay such Subsidies, as the 3. Estates had ordained for the waging of the 30000. men aforesaid, or for the King's fine; and also that the 3. Estates after that day should no more assemble for any causes or matter before touched, till they had farther knowledge of the King's pleasure: For which Proclamation the Citizens of Paris much blamed the said Bishop and Earls, who purchased it, who as soon as this Proclamation was made, for fear of the people, fled from Paris. Upon this Proclamation the Commons waxed so mad, that they left their occupations, drew them to Conventicles and Companies, and used many unfitting words of the King and his Counsel: Whereupon to avoid inconvenience, the Duke commanded a Watch to be kept in the City day and night, and certain Gates of the City to be kept shut. Upon the 9 day of April, another Proclamation was made all contrary to that other. By virtue whereof, it was charged, that the foresaid Subsidies should be levied, and also that the 3. Estates shouldre-assemble at Paris, the 5. day after Easter, and there to proceed upon all such matters as were before by them bega●. When the Estates meet again there grew a difference between them and the Duke, about the subsidies for the finding of 30000. men, the sum assessed for that purpose being too small by much, the Clergy and Lords th●n refusing to pay any more than they were first sessed unto: By means of which difference, the assembly of State was dissolved. Whereupon straight command was given by the Duke to the Provost of Paris and others (who bare principal sway within the City, and were great stricklers and doers in the Assemblies of the 3. Estates, so that much of the business was ruled by them and their means;) that they should cease their Authority, and not to deal any more with the rule of the Realm, but only with the good rule and government of the City of Paris: That done, the Duke road about to divers good Towns, making request to them for aid, and to have this new money currant among them. But he sped little of his purpose. Then shortly after he assembled at Paris certain person of 20. or 30. Town's next adjoining, with whom he held a Counsel for sundry days; who in the end showed him; that they might bring no thing to effect without the assembling the 3. states, besought him that they might be eftsoon assembled, trusting that they would then satisfy his mind: Upon which the Duke sent forth Commissions, charging the said 3. Estates to appear before him at Paris the next Wednesday after All Saint's day; which they did, where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content; who promised that they would demean themselves to his Father and him, as true and dutiful Subjects; and advising 〈◊〉 to take upon him the Government of the Realm, they created him Regent of France, during his father's imprisonment. After this he assembled the Estates and chief Burgesses of Cities at Paris, and acquainted them with the King of England's large demands for his father's enlargement; which were so displeasing to all the company, that they answered, The said Treaty was neither honourable nor profitable: And rather than the King should bind him and his land to such inconveniences, they would prepare to m●ke sharp War against England: whereupon they granted to find divers thousands of men at Arms, at their own costs, for certain months, to relieve the King: And at Fabian, part. ●. p 305, 306, 311, 312. General Hist. of France, Gaguin▪ and others. another Parliament assembled when john was dead, and Charles came to the Crown, they granted an excise of every 4 penny of all things bought and sold for the maintenance of his wars, the spiritualty granted him a disme, and the Lords and Gentlemen were stinted at a certain. And in the eleventh year of his reign, he assembled his great Council of Parliament at Paris, where among many Acts made for the weal of the Realm; he, with the assent of the Lords and Commons there assembled, enacted for a Law after that day to be continued, That all Heirs of the Crown of France, their fathert being dead, may be crownned as Kings of France, so soon as they attained to the age of fourteen years. And in the fifteenth year of his reign, the Fabian. part. 7 p 3 7. se● p. 190, 191. 266, 477, etc. 355, 326, 357, 358, 359, 460. Walsing●em, Hist. Angl p. 235, 236. Duke of Flanders granted to those of Gaunt such Articles of agreement, for the confirmation of their liberties, the repealing of illegal taxes, the electing of their own Officers, the Duke's Counsellors, and the like (which you may read in Fabian) as plainly manifest this whole Dukedom and people to be of greater jurisdiction than himself, though invested with regal authority, and that he had no power to impose any taxes on them, without their grant and consent; the contrary whereof caused many bloody wars among them. Charles Fabian. part. 7. p. 324. 355, 356, 357, 358, 363, 364. The general Hist. of France● Gaguin● and others in his life. the seventh (after Fabians account, but sixth after the French History) a Child of thirteen years, by reason of the difference between the Lords who should be Vicegerent, was by the advice of the major part of the Lords, for the common good of the Realm, Crowned at reins within the age of fourteen years, contrary to a Law made in the eleventh year of his Father. In the fourth year of his reign, the Citizens of Paris murmuring and grudging for divers impositions and taxes unduly levied upon them, suddenly arose in great multitudes, intending to have distressed some of the king's Household: Whereupon soon after, the King's Council considering the weakness of the Treasure, and his great charges and needs; and assembling a Parliament of the Rulers of Paris, Rouen, and other good Towns, exhorted them to grant the King in way of Subsidy, twelve pence in the pound, of all such Wares at that day currant, for the defence of the Realm and subjects. ●o the which request, after consultation taken, it was answered; That the people were so charged in times past, that they might not bear any more charges till their necessity were otherwise relived: and so the King and his Council at this time were disappointed. In his seventh year, by the Duke of Angeau his procuring, a tax was laid upon the Commons of France (without the three Estates:) Which to bring to effect, many friend's and promoters were made, as well of Citizens, as others. Whereupon the Commons of Paris and Rouen became wild, assembled in great companies, chose them Captains, and kept watch day and night, as if enemies had been about the City; utterly refusing to pay that Tax. This Charles being none of the wisest Prince, ruled by his household servants, and believing every light Tale brought unto him, Fabian. ibid. General Hist. of France, p. 226. 227, 228, 229. marching against the Duke of Britain, as he came near a wood, was suddenly met of a man like a Beggar, which said unto him, Whither goest thou Sir King? beware thou go no further, for thou art betrayed, and into the hands of thine enemies thine own Army shall deliver thee. With this monition the King was astonished, and stood still, and began to muse. In which study one of his followers that bore his Spear, sleeping on Horseback, let his Spear fall on his fellow's Helmet; with which stroke the King was suddenly feared, thinking his enemy had come unawares upon him; wherefore in anger he drew his sword, slew four of his own Knights ere he refrained, and took therewith such a deadly fear, as he fell forthwith distracted, and so continued a long season, being near at the point of death. Whereupon his brother Lewes of Orleans, being but young, the States of France thought it not convenient to lay so heavy a burden upon so weak shoulders; wherefore his two Uncles the Dukes of Berry and Burgoine, BY AUTHORITY OF THE STATES OF THE LAND, specially assembled in Parliament upon this occasion, took upon them to rule the Realm for that season, it being ordered by a special Law, that they should abstain from the name of Regent, unfit in this sudden accident, the King being alive, and of years: And because the Duke of Berry had but an ill name, to be covetous and violent and was therefore ill beloved of the French, his younger brother Philip Duke of Burgoyn, had the chief charge imposed on him; and though the Title was common to both, yet the effect of the author tie was proper to him alone, who changed divers Officers. After which the Duke of Orleans was made Regent, being the King's younger brother, who pressing the people with quotidian taxes and ●allages, and the spiritual men with dimes and other exactions, he was at length discharged of that digni●ie, and the Duke of Burgoyne put in that authority. After this our King Chron. 2. &. 5. H. 5. Henry the fifth, gaining a great part of France, and pretending a good title to the Crown (recited at large by Hist p. 786. to 782. Hall and john Speed) the Frenchmen to settle a peace, made this agreement with King Henry: Fabian. part. 7. p. 399, 400, 475. General Hist. of France, Holingshed, Fabian, Walsingham, Graf●on, Hall. That he should marry Katherine the French Kings daughter, and be admitted Regent of France, and have the whole government and rule of the Realm, during Charles his life, who should be King of France, and take the profits of the Crown whilst he lived; and that after the death of Charles, the Crown of France, with all rights belonging to the same should remain to King Henry, and to his Heirs Kings: That the Lords spiritual and temporal, and the Heads and Rulers of Cities, Castles and Towns, should make Oath to King Henry, to be obedient to his lawful commands concerning the said Regency, and after the death of Charles to become his true subjects and liegemen; That Charles should in all his writing name King Henry, his most dearest son, Henry King of England, and inheritor of the Crown of France; That no imposition or tax should be put upon the Commons of France, but to the necessary defence and weal of the Realm; and that by the advice of both Counsels of the Realms of England and France, such established Ordinances might be devised, that when the said Realm of France, should fall to the said Henry, or his Heirs, that it might with such unity join with the Realm of England, that one King might rule both Kingdoms as one Monarch; reserved always to either Realm all Rights, Liberties, Franchises and Laws, so that neither Realm should be subject unto other, etc. Which Articles were ratified and agreed with the consent of the more part of the Lords spiritual and temporal of France: But Fabian, part. 7. p. 475, 478 General Hist. of France, Hall, Holinshed, Speed. Charles dying, his son Charles the eight, was by some part of France, and many Lords, reputed and knowledged King, but not crowned whiles the Duke of Bedford lived and remained Regent, our Henry the sixth, both in Paris and many other cities, being allowed for king of France. After his death, his son Fabian, part. 7. p. 479. 480, 481▪ ●88. General Hist. of France. L●wes the eleventh, (as Fabian accounts) by strength of friends was crowned king of France; who refused the counsel and company of his Lords, and drew unto him, as his chief Councillors, villains and men of low birth, as john de Lude, john Bal●a, Oliver Devil, (whos● name for odiousness he changed into Daman) with others, whom he promoted to great honours and places: Whereupon the Lords murmured, and were so discontented, that the Duke of Britain, and others, withdrew them from the king, and refused to come unto his presence when he sent for them, raising a great power: And when no peace could be mediated between the king and them, they met in a plain battle at Chartres, where many were slain on both sides, but the king lost the field. After which an accord was made between them, but the king continued his old courses, delighting more in the company of lewd, irreverent persons, to eat and drink with them, and to hear them talk of ribaldry and vicious fables, then to accompany his Lords, which might have won him much honour, going liker a Serving man then a Prince: and being a great oppressor of his subjects to maintain hi● prodigality, for lack of money, he was driven of necessity to ask a pressed of the citizens of Paris; who, after many excuses, which might not be allowed, they lastly denied the king's pleasure. Wherewithal he being grievously discontented, removed divers from their offices, and put many of the richest and head men of the city to death, upon surmised causes, without proofs of justice: For which causes, and many other oppressions, the Lords again assembled their people, intending to subdue the king, and to set his brother in his place, or to cause him otherwise to rule the Commonwealth: To which end all the Lords met at a Town called Stamps, where they continued their Council fifteen days, and then marched to Paris, sending four several letters unto the city; one to the Bishops and spiritual men, the second to the Consuls and headmen, the third to the University, the fourth to the Commonnalty, signifying, That neither they nor any of their company were come thither as enemies to the City, or to war against it, or the Commonwealth of the Land; but for the increase and augmentation thereof to the uttermost of their powers. Whereupon these four parties sent certain Orators for them to the Lords, who after long communication with them had, returned to the city with this report; First, the Lords would that the inhabitants of the City should consider the conditions of the King, which yearly oppressed his Subjects with taxes and other grievous servages. Secondly, how he despised the noble blood of his Realm, and drew to him villains and men of no reputation, by whose counsel only all the Commonweal of the Land was guided and ruled. Thirdly, how he ruled his Subjects by force and will without administration of justice, and himself in all Counsels and Parliaments is judge of all causes, and calleth himself Counsels and Parliaments more for this singular weal then for the Commonweal of his Realm. Fourthly, how he enhanced men of low birth to great honours, and caused Noblemen to be obedient unto them, intending to bring the said ignoble men to be equal with the Princes of the Land. Fifthly, how the Laws be delayed and bolstered by such as stand in his favour, wherethrough at this day Law is will, and will is Law, and no man almost in any surety of life or goods; insomuch that daily many have been banished and put to death for unlawful causes, and also to any Nobleman at this day no power or room of honour belongeth; so that to the wild Beasts in the Forests appertaineth more Liberty and surety then to the more party of the King's subjects. Sixthly, The great taxes and sums of money which daily be levied of the Commons be not spent in the King's honourable needs, and for the Commonweal of the Realm, but are spent vainly and riotously, and bribed out of the King's Coffers; for which enormities and misgovernance with many other, the said Lords were come thither in defensible ways for the safeguard of their own persons, as to the head and principal City of the Realm, for to have aid and Counsel, to reform the foresaid evils, not intending any harm to the King's person, or yet to remove him from his regality or Kingly Majesty; but to induce and advertise him to that which should be for his honour and the weal of his Realm, and to live in wealth and honour, as his Noble Progenitors lived before him; For which causes and considerations, the said Lords, as the King's true Subjects, and friends to the Commonwealth of the Land, and of that City, desired to enter there to refresh them and their people, and to pay truly for all things they should take, without doing harm or violence to any person. All which requests and matters of the Lords showed to the Inhabitants of the City, by favour of some friends they there had, it was with the more party well accepted, and thought convenient they should be received into the City; but by means of the Earl of Davoise it was respited, till they had further knowledge of the King's pleasure: who coming out of Normandy into, Paris after divers Skirmishes, the King and Lords fell to a Treaty of peace, whereupon Commissioners on both sides assembled and communed together by sundry times two days; In which season new strength of Soldiers came to the King out of Normand●. The Treaty hanging long, and a longer Truce being proclaimed, the soldiers fell to robbing, and other unlawful acts; and at last, through obstinacy on both parties, all offers were refused, and the day of the Truces expiration approached, without hope of accord; whereupon provisions for war were made on both sides. Then begun grudges and murmurs between the king's soldiers and the citizens of Paris: and shortly after news came to the king, that the Castle and City of Rouen was yielded up to the Duke of Bourbon: Whereupon the King considering what great advantage the Lords had of him, both by strength and favour of the Commons, which daily drew unto them by sundry companies, in avoiding of more danger, concluded a peace: which being proclaimed throughout all France, the King and Lords met, to whom the King showed great semblance of kindness, specially to his brother Charles Duke of Normandy; wherein appeared great dissimulation, Lewes being of such conditions, That what he might not overcome with strength, he would win with dissimulation and treachery. Not long after the King warred upon Charles his brother, the Duke of Burgundy and Britain, and a Treaty of peace being propounded between them, Charles answered, That if a perfect concord should be established between the King and him, it should be authorized by the whole consent and counsel of the Barons of the Realm. With which the King being content, at Turon, in the month of April, a●d tenth year of his reign, assembled a counsel of his Lords spiritual and temporal, in the which the demands of Charles, and offers of the king were showed: And after the said Counceil had at length reasoned the said demands and offers, it was finally determined, That the Duchy of Norm●ndy was so appropriated unto the King of France, and to his heirs, that in ●o wise it might be dissevered from the Crown; but that a perfect unity might be had between the King and his brother, the King should be instanced to give yearly to his brother in recompense of the said Duchy, 12000 pounds of Turon money, with certain land to be assigned with the name of a Duke, and 40000 annual rent of like money during his natural life, for such portion as he claimed to be his right, within the Realm. To all which the king agreed, and to pardon the Duke of offences against his Majesty, and all such Lordships as he had won from him in Britain, to restore: which offers Charles refusing, was the year following contented with the Duchy of Guyan only, and so the war of Normandy ceased. After Lewes his death most of his special and dearest beloved Servants and ill Counsellors (whom he specially recommended to his son Charles the ninth on his deathbed) came to disgraceful ends: Fabian. part. 7. p. 490, 521, 522, 523. Oliver Damman was beheaded for Treason, and john Doyacon for trespass and hatred unto the common people by his desert, was with all shame brought to the Market place at Paris, and there bereft of both his ears, and then banished the Court for ever; by reason whereof arose this proverb among the Frenchmen, Principibus obsequi haeredit arium non esse, The favour of Princes is not hereditary. Phili. d● Com. l. 5. c. 18. Philip de Commines living under Lewes the eleventh, and Charles the eighth, by whom he was made Lord of Argenton, being in high favour with them, and a great Councillor of State, hath this notable passage, against the French Kings power then to impose any taxes on their Subjects, without their free assents in a Parliament of the 3. Estates, though the contrary be now daily practised, to the intolerable grievance of the subjects; Phili. d● Com. l. 5. c. 18. Is there any King or Prince that hath power to leavy one penny upon his subjects, besides his demains, without leave or consent of those that must pay it, unless it be by tyranny and violence? A man will say, that sometime a Prince cannot tarry to assemble his Estates, because it would require too long time. Whereunto I answers, That if he move a War offensive, there needeth no such haste, for he may have leisure enough at his own pleasure to make preparation; and further, he shall be much stronger▪ and much more feared of his enemies, when he moveth war with the consent of his subjects, than otherwise. Now as touching a war defensive, that Cloud is seen long before the tempest fall, especially when it is a foreign war; and in this case good subjects ought not to complain, nor to refuse any thing that is laid upon them: Notwithstanding such invasion cannot happen so suddenly, but the Prince may have leisure at the least to call together certain wise personages, to whom he may open the causes of the war, using no collusion therein, neither seeking to maintain a trifling war upon no necessity, thereby to have some colour to leavy money. Money is also necessary in time of peace, to fortify the Frontiers, for defence of those that dwell upon them, lest they be taken unprovided, but this must be done measurably. In all these matters the wisdom of a sage king sufficeth, for if he be a just Prince, he knoweth what he may do, and not do, both by God's Laws and man's. To be short, in my opinion, of all the Seniories in the world that I know, the Realm of England is the Country where the Commonwealth is best governed, the people least oppressed, and the fewest buildings and houses destroyed in civil war, and always the lot of misfortune falleth upon them that be authors of this war: Note Our King is the Prince in the whole world that hath least cause to allege that he hath privileges to leavy what the listeth upon his subjects, considering that neither he nor any other Prince hath power so to do; and those that say he hath, do him no honour, neither make him to be esteemed any whit the mightier Prince thereby, but cause him to be hated and feared of his neighbours, who for nothing would live under such a government: But if our King, or those that seek to magnify and extol him, should say, I have so faithful and obedient subjects that they deny me nothing I demand, and I am more feared, better obeyed, and better served of my subjects, than any other Prince living; they endure patiently whatsoever I lay upon them, and soon forget all charges past. This (me thinks, yea, I am sure) were greater honour to the King, then to say, I leavy what I list, and have privilege so to do, which I will stoutly maintain. King Charles' the fifth used no such terms, neither did I ever hear such language proceed from any king, but from divers of their servants, who thought they did their Master great service in uttering such speeches; but, in mine opinion they misbehaved themselves towards their Prince, and used such language, partly because they would seem to be good servants, and partly because they knew what they said. But for a manifest proof of the French men's loyalty and obedience to their Prince, we need allege none other example then that we have seen ourselves of late by experience, when the Three Estates were assembled at Towers, after the death of our Master King Lewes the eleventh, which was in the year of our Lord, 1483. Note. A man might have thought this good assembly to be dangerous for the king's estate▪ yea, and divers there whereof mean calling, and less honesty: that said then, and often said since, That it is Treason to make mention of assembling the Estates, and a thing tending to the diminishing of the King's authority; but themselves are those that work Treason against God, the king, and the Commonwealth; neither do any use these speeches, but either such as are in authorities without desert and unworthy thereof, or such as are common Tale-carriers, and accustomed to talk of trifling matters, or such as fear great assemblies, lest their doings should there be ripped up and reprehended, etc. Gen. hist. of France. p. 421. 423. Charles the eighth of France, being but thirteen years of age when the Crowned descended to him; hereupon in the year 1484. a general Parliament was held at Towers, with more free access than had been usual, yet not so effectual as was expected, every one seeking rather to maintain his private authority then to procure the people's ease. In this Parliament the pragmatic sanction was restored, to use it as they had accustomed. The Constable's sword was given to the Duke of Bourgon, the government of the King's person to his Sister, a cunning woman, and somewhat of her father's humour; but the name of Regent was forbidden to them all, to prevent jealousies: and there was a Counsel enacted of Twelve, by whom matters should be dispatched in the king's name; of the which Lewes Duke of Orleans should be Precedent. Lewes' discontented with the device, seeks to hold his rank; he pretends, that being the first Prince of the blood, the Regency belonged unto him: he assists at the Council in Parliament, and in the assemblies in Town, and notwithstanding the last Will of King Lewes, and the Decree of the Estates, yet will he by force have the name and effect of Regent. Whereupon discontents arising, he leaves the Court in discontent, and raised a civil war. However, the Estates settled the Regency and affairs of the Realm. Gen. hist. of France. p. 575. to 580. Grimst. Imper. hist. p. 647, 648. Anno 1525. Francis the first King of France was taken prisoner by the Emperor Charles the fifth in the Battle of Pavia; who by mediation of Friends for his enlargement, sent the Earl of Reux his Lord S●eward, to offer the King Liberty, so as he would resign all the right she pretended in Italy; restore the Duchy of Burgongue, as belongeth to him by right, with Provence, and Dolphin for the Duke of Bourbon, to incorporate them with other Lands which he had formerly enjoyed, and to make all together a Kingdom. Moreover the Emperor offered to give him his sister in marriage, propounding many other conditions; so absurd and void of reason, as it is better to let the curious read them in the Originals themselves. Amongst all losses, that of Liberty toucheth nearest; but Francis having learned to withstand all adversity with a constant resolution, said, I will die a Prisoner rather than make any breach in my Realm for my deliverance, whereof I neither WILL NOR CAN alienate any part without the consent of the Sovereign Courts and Officers, in whose hands remains the authority of the whole Realm We prefer the general good before the private interest of King's persons. If the Emperor will treat with me, let him demand reasonable things which lie in my power, then shall he find me ready to join with him, and to favour his greatness. The Emperor seeing the King constant in this resolution, in the end yielded to his delivery, upon these terms, That within six weeks after his delivery he should consign the Duchy of Burgongue to the Emperor, with all the dependencies, as well of the Duchy, as of the County, the which should hereafter be sequestered from the Sovereignty of the Realm of France; That he should resign to the Emperor all his rights pretended to the Estates of Naples, Milan, Genoa, an● Ast: That he should quit the Sovereignty of Flaunders and Arthois, etc. Hereupon the King being enlarged, and arrived at Bayonne, he was required, to ratify the Accord, which he had promised to do when he came to a free place: but he delayed it with many excuses, giving the Emperor to understand, that before he proceeded to such an act, it was necessary that he should pacific his Subjects, who were discontented with bonds which tended to the diminution of the Crown of France, etc. After which, the Pope and the Venetians sending Messengers unto him, he complained of the Emperor, that he had wronged him in that he had forced him to make impossible promises, and that he would be revenged if ●ver occasion were offered; and that he had often told him, Not● that it was not in the power of a French King to bind himself to the alienation of any thing depending of the Crown, without the consent of the General Estates: that the Laws of Christians did not allow, that he which was taken in War should be detained in perpetual prison, which was a punishment proper to Malefactors, and not for such 〈◊〉 had been beaten by the cruel●y of fortune: that all men knew that Bonds made by constraint in prison, were of no value, and that the capitulation being of no force, the faith likewise which was but accessary, and the confirmation of the same could not be bound: that by the oath which he had taken at R●emes at his Coronation, he was bound (according to the custom of other Kings of France) not to alienate the patrimony of the Crown; and therefore for these reasons he was no less free than ready to abate the Emperor's pride. The Emperor growing jealous of the King's delays, for ratification thereof sent one unto him, to be certified of his intent, who found him very unwilling to leave Burgundy; which being very prejudical to the Crown of France, he said, was not in his power to observe; and that he could not alien the Bourguinans without their assents in an assembly of the Estates of the Country▪ which he intended to call shortly to know their minds. By which it is most apparent, that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others (as other Subjects may do) because they hold them only in the right of their Crown for their Kingdom's use and service, the true proprieters of them. Upon which very ground Matthew Paris, p. 270, 271. Philip Augustus' King of France, Anno 1216. in a solemn Assembly of the States at Lions, told Walo the Pope's Legate (who came to prohibit his Son Lewes to go to receive the Crown of England, because King john had resigned it to the Pope;) That no King or Prince can give away his Kingdom without the consent of his Barons, who are bound to defend the Kingdom; and if the Pope decreed to defend this error, he should give a most pernicious Example to all kingdoms: domes: Whereupon all the Nobles of France began to cry out with one mouth, That they would stand for this Article unto death, That no King or Prince by his sole pleasure could give his Kingdom to another, or make it tributary, whereby the Nobles of the Realm should be made servants: And the next day Lewes his Advocate alleged, that King john for his homicides and many of her enormities, was justly rejected by his Barons, that He should not reign over them. That he could not give the Crown of England to any one without the assent of his Barons; and that when he had resigned it, he presently ceased to be a King, and the Kingdom became void without a King, and being so vacant could not be disposed of without the Barons, who had lawfully elected Lewes for their King: who in pursuance of this his Title, (which the Estates of France held just,) sailed into England, took possession of the Kingdom, received homage of all the Barons, and Citizens of London, who joyfully received him, taking an Oath upon the Evangelists, to restore them their good Laws, together with their lost Inheritances. The general Hist. of France, p. 657. to 690. Henry the 2. of France being casually slain by the Earl of Montgommery in running at the Tilt, left the Crown to Francis the 2. being but about 16. years of age, the Queen Mother, with his wife's Uncles the Duke of Guise, and the Cardinal of Loraigne, hereupon usurped the Government of his person and Realm, dispossessed the chief Officers of the Crown, kept back the Princes of the Blood from Court, the true and lawful Governors of the State during the King's minority, and plotted the means to raise their race to the Royal Throne, by displacing all great Officers, substituting others of their own faction, and endeavouring to extirpate the Protestant party, whom they feared as most opposite to their treacherous designs; They do and undo, place and displace in Parliament and Privit Council, like absolute Kings; they revoke all alienations for life or years made by the deceased King in recompense of any services, except sales; they caused divers Protestants to be put to d●ath, imprisoned, pillaged: Wherewith the princes, Officers and people being generally discontented, to redress the present and prevent all future disasters that might ensue, require a general Parliament (as the Sovereign cure for such diseases, whereby the Queen Mother might be put from her usurped Regency, and those of Guise excluded from the King's person) who to please the king, persuade him, that their opposites sought only to bridle and make him a Ward, and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT. The King of Spain to cross them, by Letters to the King his Brother-in-law, declares himself (for the good affection he bore to him) Tutor and Protector of him, his Realm and affairs, against those that would change the Government of the Estate, as if the King were not capable of the Government. Pleasant people, which reject so much the word of lawful tutelage, and yet usurped it against the Laws and Orders of the Realm, holding it only by tyranny. After this they cast many slanders on the Protestants, put Anne du Burge and other Counsellors of Parliament to death, pistol Anthony Minard precedent of the Parliament, publish sundry Edicts against those of the reformed Religion, promise great recompenses to those that discover their assemblies, fill their prisons with them, employ air, fire and water to ruin them, and kept the king from hearing his Subjects complaints. The princes were kept back, the greatest of the Realm out of credit, threatened, and secretly pursued to death, the convocation of the Estates refused, the parliaments corrupted, the Judges for the most part at the Guisians devotion, and the public treasure, offices and benefices given to whom they pleased. This their violent government against the laws, and orders of the Realm, purchased them wonderful hatred, and caused many which could no longer endure these oppressions, to consult UPON SOME JUST DEFENCE, to the end they might preserve the just and ancient Government of the Realm. Note. They demand advice, TOUCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES: who resolved, THAT THEY MIGHT LAWFULLY OPPOSE THEMSELVES against the government which the house of Guise had usurped, AND AT NEED TAKE ARMS TO REPULSE THEIR VIOLECE; so as the Princes, who in the case are born Magistrates, or some one of them, would undertake it, being required by the Estates of the Realm, or by the sounder part of them. They who first thought of this Act of consequence, had several considerations: Some, moved with a true zeal to serve God, the King and Realm, thought they could not do a greater work of piety, then to abolish Tyranny, rescue the State, and to find some means to ease them of the Religion. There were others desirous of change, and some were thrust on with hatred, for the wrongs which the house of Guis● had done them, their kinsmen and friends: yet all had one design to suppress this unlawful government. In these consultations it was held necessary to seize on the Duke of Guise, and the Cardinal his brother, being advowed by one chief member of the State, and then to require an assembly of the Three Estates, to the end they might yield an account of their Government, & provide for the King and Realm. After which they make the Prince of Conde acquainted with this their design, & engage him in this quarrel; which being discovered, produced a long bloody civil war against the Protestants, under this and the two succeeding Kings; in which war, those that died, departed this world with this singular content, to have courageously sacrificed their lives for their country's liberty: So the generally History of France; in which and in Richard Dinothus you may read at large, both the History and the lawfulness of this defensive war, overtedious to transcribe. Francis General Hist. of France, 692, etc. & Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto. l. 2, 3, 4, 6. Speeds Hist. 1211, 1212 1213. K. Iames Answer to Cardinal Peron. dying, the Crown descended to Charles the ninth, being but eleven years of age, and a Parliament of the Estates being assembled on the three and twentieth days of December, 1560. The Queen Mother was thereby allowed and confirmed Regent during the King's minority: In several Parliaments contradictory Acts are made, some restraining, others granting the free exercise of the Reformed Religion throughout the Realm. The Guisian Popish faction, being the strongest party, most powerful at Court, and intimatest with the King, notwithstanding all Acts for the Protestants immunity and liberty of conscience, impose divers illegal restraints upon them, commit many outrages and massacres on them, for which they could have no redress; whereupon for their own defence and preservation, after many fruitless Petitions, & delusory promises, they take up Arms; whereupon many bloody civil wars ensue. Many propositions and overtures of Peace were made by the Guisian royal party, not one of them real, but all to get advantages, and overreach the Protestants, against whom they had the most mischievous designs in agitation, when they seemed most earnestly to desire Peace. Four or five several conclusions of Peace were solemnly made and ratified between them, but no sooner made and proclaimed, but presently violated of the King and Popish party, by massacres, and new treacherous Plots to extirpate the Protestant party; so that every accommodation proved but a seminary of a new and more bloody war, almost to the utter ruin of France. In the year 1592. when a public peace was made, and all differences to outward appearance, buried in eternal oblivion; the King, contrary to his faith and oath, caused the Admiral of France, (the Protestants chief pillar) as he departed from the Council to dinner, to be shot with a Harquebus, which carried away the forefinger of his right hand, and wounded him in the left arm The king to colour this treachery, swears with an execration to the King of Navarre, and others who complained of this outrage, to take such exemplary punishment on the offenders, as the Admiral and his friends should have cause to rest satisfied, commands them to be pursued, appoints three of the Parliament to make information against them, protests after this again and again, to be exceeding sorry; that this act touched his honour, that he will be revenged for it, so as the memory thereof should remain for ever; writes to the governor's of the Provinces, chief Towns, and Magistrates, That he would take such order as the Authors of so wicked an act should be known and punished: And to his Ambassdours to foreign Princes, That they should make it known to all the world, that this outrage did displease him. And for the Admiral's safety, he commands the Captains of his Guards, to give him as many of his Guard as he pleased, to suffer no Papist to enter his lodging; and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admiral's lodging. But all this Court Holywater was only to keep every Bird within his own nest, and a Pitfall to entrap the chief of the Protestants: For the same day after dinner, the King and Queen Mother, the Duke of Guise, and others, take counsel to murder the Admiral, and all the chief Protestants, the night ensuing, not only in Paris, but throughout all France, whiles they were sleeping in their beds. Which most tyrannical barbarous Tragedy was accordingly acted, the Admiral slain in his lodging, and his head cut off, carried to the King and Queen Mother, who causing it to be embalmed, sent it to the Pope and Cardinal of Lorraine, for an assurance of the death of their most capital enemy: all the Protestants, Noblemen and Gentlemen, lodging in the Admiral's Quarter, undergo the like Butchery; the Streets of Paris are strewed with Carcases, the pavements, market places and river died with Protestant blood, about ten thousand of them being thus treacherously massacred in their beds, at such a season when they thought themselves most safe, and that on the Lords own sacred day, a very unsuitable time for such a bloody, profane, infernal sacrifice. No sooner was this matchless treachery of this king against his own natural subjects executed, but he avows and justifies that which he but the day before so solemnly and openly disclaimed, as a means to cut off all commotions for time to come. But this bloodshed begat new wars, and made the Protestants in Languedoc, Rochel; and other parts, to take up Arms in their own defence, and stand more strictly on their guard than ever before: And Gen. hist. of France. p. 744. Fox Acts and● Mon▪ Vol. 3. p. 1026. Edit. u●t. God himself out of his Divine justice, after this horrible Butchery committed by this dissembling, cruel, blasphemous King, smote him with an answerable disease, causing him to wallow in his own blood, which he pitifully vomited out in great abundance, by all the conduits of his body, for div●rs hours, till he died: (A just judgement for him that barbarously shed blood throughout all the Provinces of the Realm) he in the mean time tossing in his bed, and casting out many horrible blasphemies. A notable spectacle for all unnatural fidifragous' Princes to look on, who imbrue their hands in the blood of their Christian subjects. Which crime (as the Author of the Gen. Hist. of France, p. 764. French History observes) made his reign cursed in the City, and cursed in the field; cursed in the beginning, and cursed in the ending; mortality, sword, famine, cursing, fear, and desolation, following it even unto the end. I shall conclude his reign with the words of the French History; Doubtless God loves not the Prince that thirsts after his subjects blood, for the subjects blood is the very blood of their Prince. General Hist. of France, p. 765, etc. Charles dying without Heir of his body, the Crown descended to his Brother Henry the third, than king of Poland, Anno 1574. his first design was to extirpate the Huguenots and Protestant Religion throughout the Realm, though the Emperor Maximilian told him, There is no sin so great as to force men's consciences, and such as think to command them, supposing to win heaven, do often lose that which they possess on earth. His pernicious Cabinet Councillors, to effect this design, cause him first to protest by sundry Proclamations, his love to the good of his subjects, and to abolish what was past, so as they lay aside arms, de●iver him all his Towns, and live quietly in their houses, without any search, constraint, or molestation for matter of conscience. A policy practised only to bring the Protestant party into slavery, all those Proclamations making no mention of liberty of their Religion, neither of a Parliament for the public Government, nor of a national Council for matters of Conscience: hereupon the Protestants stood the more upon their guards, they are full of jealousy, distrust, doubt, fear; the King and his Popish Council endeavouring by this wile to keep the Protestant party at a gaze, whiles they in the mean time made great preparations underhand to put almighty army into the field, to ruin them without hope of rising: So they arm on all sides, especially in Poicto●; the Protestants are besieged, assaulted in many places, and so manfully repulse their assailants, that they are willing to hearken to a Treaty of peace; wherein the Protestants demanding free exercise of their Religion throughout all France, new Chambers in the Parliament for the execution of justice, punishment of the murderers of them, ease of imposts, a free assembly of the general Estates, and an assurance for the entertainment of the pretended peace. The King after fifteen day's conference, promiseth to content them all, but he will have them to refer these demands to his will; and so the Treaty vanished into smoke, and new wars sprung up in every place with new Court-designes to undermine and circumvent the Protestants, who are aided by a Germane Army, Anno 1576. The Queen Mother seeing the Protestant party prosper in their wars, makes a peace between the King and them; who grants the Protestants all their former demands, restores divers of them to their goods, offices, honours: avows by a solemn Declaration the Massacres of them, Anno 1572. to have been committed against all right and law of Arms; He ordained that the Children of such Gentlemen as had been murdered, should be restored to their parents goods, and freed from all charges of war, yea, he avowed their taking up of Arms, as taken for his service, etc. Which Articles, with the King's Edict thereon, were allowed by the Parliament at Paris. But no sooner were their Forces disbanded, but they began to find this peace to be counterfeit, being only made to disarm them, and divide their Commanders: none of the premises being really performed. In the mean time the house of Guise and their faction send their Agents to Rome, and Spain, to join with them in a Catholic league, and under pretence of extirpating Heresy, and establishing the Roman religion throughout France, endeavour to settle the Crown upon themselves: their chief designs were, to overthrow the succ●ssion of the Crown brought in by Hugh Capet, in the full assembly of the Estates, and to make the naming of a Successor subject unto the said Estates, to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown; to make the Estates protest to live and die in the faith set down by the Council of Trent; to cause it to be signed in the open Parliament; to revoke and annul all public Edicts in favour of the Protestants and their associates, and to pursue them to the death, that should hinder the extirpation of Heresies, etc. These Articles of Association were first drawn at Peronne in Picardy, but disguised with goodly shows, to blind those that would examine them more exactly, as being only to maintain the Law, and restore the holy service of God; to preserve the King and his Successors in the estate, dignity, service and obedience due unto them by their subjects; to reserve unto the Estates of the Realm, their rights, preeminences and ancient liberties. And for the execution of these Articles, a certain form of Oath was propounded, inflicting pains of eternal damnation to the associates, that for any pretext whatsoever should withdraw themselves from this league; and a Bond for such as should be enroled, or employ their goods, persons, and lives, to punish, and by all means to ruin the enemies and perturbers thereof, and them that should fail, or make any delays, by authorities of the Head, as he should think fit. Soon after a Parliament of the three Estates is assembled at Bloyes, where the Catholic Leaguers, after much consultation, caused the last Edict of pacification, in behalf of the Protestants to be revoked, and procured an Edict for the exercise only of one Religion (to wit the Popish) to be tolerated within the Realm. The King of Navarre, the Prince of Conde, the Marshal of Montmorancy, with divers other Noblemen of both religions, foreseeing these practices, and refusing to assist at this pretended Parliament, concluded a nullity of all that should be decreed to prejudice the former Edict of Pacification; protesting, that they were resolved to maintain themselves in the Rights, Liberties, and freedoms which the Edict had granted them. That the troublers of the public quiet, and sworn enemies of France should find them in a just defence, and they should answer before God and men for all the miseries that should ensue thereby: Yea the Prince of Conde answered more sharply, That he did not acknowledge them assembled at Bloys for the Estates of the Realm, but a Conventicle of persons corrupted by the sworn enemies of the Crown, who have solicited the abolition of the Edict, to the ruin and subversion of the Realm: That if they had been lawfully called, he would have assisted, for the sincere affection he bears to the King's service and the quiet of his Country; that he will never give his consent to the counsels of the Authors of so many confusions which he foresees, etc. Hereupon a sixth civil War begins between these Catholic Leaguers, and the Protestants, whose good success caused the King, An. 1580. to make a new peace with the Protestants, and grant them their former immunities. The Leaguers discontented herewith, begin to cast forth Libels against the King, disgrace him in companies as a Sardanapalus, and idle Chilpericke, 〈◊〉 to be shaved and thrust into a Cloister; They cause the Preachers publicly in all places, to term him a Tyrant, an Oppressor of his people by Taxes, and a favourer of Heretics: And under a pretence of suppressing Heretics, reforming public oppressions; and settling the succession of the Crown in case the King should die without Heir, they, contrary to the King's command, (who disavows them, and forbids all leavyes of war) raise a great Army, and so enforce the king to publish a Declaration in his own justification, and to procure his peace with them, to revoke all Edicts made in favour of the Protestants, and make open war against them. Hereupon the King of Navarre (next Heir apparent to the Crown) for preservation of his own interest and the Protestants, complains against the kings proceedings. lays open the mischievous Plots of the Leaguers: and then with the Prince of Conde and other Nobles, Gentlemen, Provinces, Towns, and Commonalties of both Religions, He protests, by a lawful and necessary defence to maintain the fundamental laws of families, and the Estates and liberty of the King, and Queen his Mother. The Leaguers hereupon procure Pope Sextus the fifth, to excommunicate the king of Navarre, and Prince of Conde, to degrade them and their Successors from all dignities, from their pretensions to the Crown of France, and to expose their Countries and persons in prey to the first that should seize on them. The Court of Parliament declares this Bull of the Pope to be void, rash, insolent, strange, far from the modesty of former Popes, pernicious to all Christendom, and derogating from the Crown of France: The Princes likewise protest against, and appeal from it, as abusive and scandalous, to the next free and lawful Council. The Leaguers pursue their begun wars against the King of Navarre and Protestant party; who protest to use all lawful means to resist the violence of their enemies, and cast all the miseries that shall ensue upon the Authors thereof. Fresh wars are hereby prosecuted against the Protestants by the Leaguers, Germane Forces come in to aid the Protestants; after macombates the King desires peace, but the Leaguers will have none; and assembling at Nancy, they endeavour to force the King to make his Will, and allow the Regency unto them; to which end they conclude, That the King should be urged to join his Forces effectually with the League, To displace such from their Offices as should be named, To bring in the in the Inquisition of Spain, and publish the Council of Trent, but with a moderation of such things as derogate from the privileges of the French Church; To consent to the restauration of the goods sold by the Clergy for the charges of the war, To give them Towns to be named and fortified as the time and necessity required, To forfeit the Huguenots bodies and goods, and to entertain an Army upon the frontiers of Lorraine against the Germans. After which the Duke of Guise approaching to Paris, enters it against the King's command, who was jealous of him; mutinies the Citizens against the King, who thereby is forced to retire from thence for fear of being surprised by the Duke, who plotted to seize his Person. After which the Duke by the Queen Mother's mediation, is reconciled to the King; who for fear of his power, by an Edict of reunion, admits no religion but the Popish, promiseth never to make Peace nor Truce with the Heretics nor any Edict in their favour; binds his subjects to swear, never to yield obedience after him, to any Prince that shall be an Heretic, or a favourer of Heresy; degrades from all public charges, either in peace or war, those of the Reformed Religion; promiseth all favour to the Catholics, declares them guilty of High Treason who shall refuse to sign to this new union, and shall afterwards depart from it, But signing this forced Edict, he wept. To establish which Edict, and work their further ends, the Leaguers cause the King to summon a Parliament of the 3. Estates at Bloyes, procuring those of their faction to be chosen of this Assembly: where establishing the former extorted Edict, they thereby exclude the King of Navarre, (an Herelike as they deemed him) from the Crown of France, to which he was next Heir: An Heretic cannot reign in France, it is an incompatible thing with the Coronation and Oath which he ought to take; hurtful to the honour of God, and prejudicial to the good of the Realm: Then they declare the King an enemy to, and oppressor of his people, a Tyrant over his Realm, that so the people should presently resolve to confine him unto a Monastery, and install the Duke in his throne. And at last, the King being certainly informed of the Duke's traitorous designs to surprise him, and usurp his Throne, caused the Duke and Cardinal of Bourbon (the chief Heads of the League) to be suddenly slain, and others of them to be imprisoned. Hereuppon the Parisiens' mutiny, and take up Arms afresh; The College of Sorbone concluded by a public Act of the seventh of january, 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valois, and that lawfully and with a good conscience they may arm against him, receive his Revenues, and employ it to make war against him. After which the Assembly of the Estates dissolving, the parisians imprison the Court of Parliament at Paris, till they condescended to their pleasures, and confirmed a general Council of the union, consisting of forty choice men of the three Estates, to dispose of the public affairs, and confer with the Provinces and Towns of the League. To which many Assistants were afterward added by the Nobles, and a Declaration (in manner of an oath) for the entertainment of the Union, made, sworn, and subscribed to by many; one of which pricked his own Arm, to sign it with his own blood, and became lame thereby. The people condemn, imprison, spoil, ransom of their absolute power, and sell the goods of any that bears not the mark of their enraged faction. Hereupon the King turning his lenity into fury, Proclaims them Rebels and Traitors, if they come not in and submit by a day; and reconciles himself to the King of Navarre: They go on with greater insolency than before, set out a great Army under the Duke of Mayenne; crave assistance from the Pope and king of Spain; surprise divers towns, rob Churches, ravish Wives and Virgins, murder men of all sorts even before their Altars, commit all the outrages, wickednesses which irreligion and impiety could invent in mad Soldiers. The King at last besieged Paris, take some of the Outworks, and was like to master the City; but in the midst of this attempt he was stabbed in the belly with a Knife, by james Clement, a jacobin Friar of two and twenty years old, (sent out of Paris to act this Tragedy on the king's person) who vowed to kill the Tyrant, and to deliver the City besieged by Se●nacherib. The Murderer was presently slain by those who came in to assist the king, who within few hours after died of this wound, which he received in the selfsame chamber wherein the Counsel for the Massacre of the Protestants was held on that fatal day of Saint Bartholomew, 1572. A notable circumstance of Divine justice upon this Prince, who being ever a zealous promoter of the Romish Religion, was murdered by a Zealot of it, and had his own blood shed by those who spurred him on to shed the blood of Protestants, in the very Chamber where the most babarous Massacre of Protestants that ever the world beheld, was contrived. Gen. Hist. of France, p. 834, 835. Henry when the pangs of death seized on him, declared Henry the fourth, King of Navarre (his brother in law) the lawful Successor of the Crown of France, as in Truth he was, notwithstanding the Edict of Bloys to exclude all Heretics from the Crown. The parisians and holy Union refuse to accept him for their Sovereign, proclaiming Charles the tenth for their King, and triumphing exceedingly at Henry his death. The Parliament at Bourdeaux commands all men under their jurisdiction, by a Decree of the nineteenth of August, 1549. To observe inviolably the Edict of Union in the Catholic, Apostolic and Romish Church; and Declarations are hereupon made. The Parliament of Tholousa is more violent; they decree, That yearly the first day of August they should make processions and public prayers for the benefits they had received that day, in the miraculous and fearful death of Henry the third, whereby Paris was delivered, and other Towns of the Realm; forbidding all persons to acknowledge Henry of Bourbon, the pretended King of Navarre, for King; declaring him uncapable ever to succeed to the Crown of France, by reason of the notorious and manifest crimes contained at large in the Bull of Excommunication of Pope Sixtus the fifth. The Court of Parliement at R●an, no less violent and presumptuous then that of Tholousa, pronounced them guilty of High Treason, both against God and man, and the Estate and Crown of France, that had opposed themselves against the holy Union, and all Royalists and their Successors deprived of all prerogatives of Nobility; their Offices to be void, not to be recovered, and all their Goods forfeited: Anno 1592. they renew this Edict every eight month. Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched: the King raising his siege before it, and returning to Arques, the Leaguers Army followed him, and are there defeated: after which the King with a small Army gains many great Conquests, which amaze the Leaguers; he besiegeth Paris above three months, where more than one hundred thousand people died of famine, yet they force the Parliament to publish a Decree the fifteenth of june, 1590. Forbidding upon pain of death all men to speak of any composition with Henry of Bourbon, but to oppose themselves by all means, yea, with the effusion of their blood. But the Belly hath not Ears, the people are not fed with paper, or promises, they mutiny and demand peace; whereupon Deputies are sent to the King to treat a peace; who to defeat the Spanish Army called in by the Leaguers, raiseth his siege, and routs the Spaniard, with other Forces of the League in sundry places, which makes many desire peace; yet by means of Pope Clement the eighth his Bull, the Duke of Mayenne, and the Pope's Legate, they intent to summon a Convocation of the Estates of Paris to elect a new King, desiring the Cardinal of Placentia to assist and confirm this their intended future election. The Parliament of Paris removed to chaalon's gives sentence against the Pope's Bull, and nulls it: The King sets out a Declaration against the Leaguers as Traitors and Rebels, declares this Assembly of the Estates without his Authority, to be against the Laws, against the good and quiet of the Realm, and all that should be treated or concluded therein, abusive, and of no force. On the contrary, the Pope's Legate, by a public exhortation full of injuries, labours to persuade the French, that the King, long since dismembered from the body of the Church, was most justly pronounced uncapable of the Crown. The Spaniyards lobouring the Estates to elect the Infanta of Spain king; the Parliament of Paris by a Decree of the eight and twentieth day of july, declare all Treaties made or to be made to that end, void, and of no validity, as being made to the prejudice of the Salic Law, and oath fundamental laws of State. The king to quiet these differences, and gain peaceable possession of the Crown, most unworthily deserts his Religion, reconciles himself to the Church and Pope of Rome; yet one Peter Barriere▪ seduced and persuaded by a Capuchin of Lions, Aubry a priest of Paris, and father Varide a lesuite, was apprehended at Melua, and executed, for attempting to murder the King with a sharp two-edged Knife, which fact he confessed, After this the Town's subject to the League, return by degrees to the obedience of the Crown; the king is solemnly Crowned at Chartres, Rheims shutting the gates against him. This done, he surprises Paris, and notwitstanding their former rebellion's, grants them all free pardon upon their submissions. The Parliament at Paris disannuls all the Decrees of the League, and pretended assembly of Estates, as void, and done by private persons, without due election; grants Process against the Jesuits, as chief pillars of the League, disgracing the new King's Majesty, and the memory of the deceased King in their Sermons; and persuading the execrable attempt of Peter Barriere to stab him; the Cardinal of Bourbon, the Duke of Nevers with others, protect and s●e for them; who soon after suborn john Chastle, one of their Novices, (of the age of eighteen years) to stab the king; who creeping into the king's chamber at the Lonure in Paris, among the press, December 27. 1594. and thinking to stab the king in the belly, as he resolved, struck him on the upper Lip▪ and broke a Tooth, as he stooped to take up some Gentleman who saluted him; for which fact he was condemned by the Parliament as guilty of High Treason, his body adjudged to be torn in pieces by four horses, then burnt to ashes and cast into the wind, and all his Goods confiscate to the king: All the Jesuits, with their scholars, were hereupon banished the Realm, as corrupters of youth, troublers of the public quiet, enemies of the King's State, and none of them to remain above fifteen days, nor any to harbour them within the Realm under pain of High Treason. I have heard from a Gentleman of credit, which served this king, that when he was thus stabbed in the mouth by Chastle, one of the Mounsieur Daubern. Religion gave him this Christian admonition, Sir, you have denied God already with your mouth, inrenouncing the protestant faith, which you once professed; now God in his justice hath permitted this jesuit, of that Religion you revolted to, thus to stab you in the mouth: O take heed you deny him not in your heart, lest the next stroke they give you be to the heart. Which fell out accordingly, for The general Hist. of France, p. 976, 977, 982. after four or five more several attempts of the Jesuits and Papists to murder him▪ which were discovered and prevented, he was stabbed to death with a Knife by one Francis Ravillac, (a Papist at the Jesuits instigation) as he was riding in his Caroche near to Innocents' church in Paris, for suffering two religions in the Kingdom, as the Traitor professed. This Villain stabbed him first in the left Pap, and next between the fifth and sixth Rib, cutting asunder the vein leading to the heart, and entering into the Cava vena; and being dead the Jesuits of his royal College at la Fletche (whom he G●n. Hist. of France, p. 914 915, 1070, 1071 1072, 1094, 1095, 1110, 1133, 1172, 1173, 1174, 1175, 1181, 1182, 1183, 1196, ●o 1220. restored and favoured exceedingly, notwithstanding their former Treasons, and banishments of them out of France, causing the Pyramid erected by sentence of Parliament as a monument of their Treasons to be razed, and yet were found to have a chief hand in this his death) begged and procured his heart to be there interred: O the admirable passages of Divine justice, that those two Henry's, who most advanced the Popish Religion, and abandoned the Protestant faith to humour the Jesuits and Papists, thereby to secure their Crowns and lives, as they believed, should thus fatally perish by those of that Religion, and their unlawful revolts thus used to preserve their lives; whereas our nobler Queen Elizabeth continuing constant in her Religion, notwithstanding all allurements menaces and attempts upon her person, to withdraw her from the truth, was miraculously preserved from all the bloody assaults of this infernal generation of Romish Vipers, and went to her grave in peace. But to return to this king's actions; Gen. Hist. of France●, p. 887. 88●. Anno 1596. king Henry calls a general assembly at Roan ●n form of a Parliament, where he speaking to the assembly, told them, That at his coming to the Crown he had found Fr●nce not only ruined, but almost all lost for the French, but by the grace of Almighty God, the prayers and good counsel of his subjects, the sword of his Princes, and brave generous Nobility, and hi● own pains and labour, he had saved it from loss; let us save it now from ruin, participate with me, my dear subjects in this second glory, as you have done in the first; I have not called you as my Predecessors did, to make you approve my Will, I have caused you to assemble, TO HAVE YOUR COUNSELS, TO BELIEVE THEM, AND TO FOLLOW THEM; finally, TO PUT MYSELF INTO YOUR HANDS: A desire which seldom commands Kings that have white hairs and are Conquerors; But the love I bear unto my subjects, and the desire I have to add these two goodly Titles to that of king, makes me to find all easy and honourable. After this the King and Parliament set forth divers Gen. Hist. of France, p. 1009. 1022, 1023, 1124, 1154, 1156, 1157. Edicts, against the transportation of Gold and Silver, the wearing of Gold & Silver, excessive usury, Advocates extortions, Duels, Bankrupts, and the like. This Gen. Hist. of Fr. p. 1173▪ 1174, 1200. Martial King being murdered by Ravillac, as aforesaid, the Crown descended to Lewes his Son, not then ten years old: The Court of Parliament at Paris having notice of his death, made this Decree in Parliament, May 14. Anno 1610. Whereas the King's Attorney General hath informed the Court of Parliament, and all the Chambers thereof assembled, that the King being now murdered by a most cruel, inhuman and detestable Parricide, committed upon his most sacred Person, it were very necessary to provide for the affairs of the present King, and for his Estate, and hath required that there be present order given concerning the service and good of his Estate, which cannot be well governed by the Queen, during the minority of the King her son; and that it would please the said Court to declare her Regent, that the affairs of the kingdom may be governed by her: Whereupon having consulted, THE COURT HATH DECLARED AND DOTH DECLARE THE QVEEN (mother to the King) REGENT OF FRANCE, for the governing of the State, during the minortie of her son, with all power and authority. The next day the King himself sitting in the Seat of justice in Parliament, by the advice of the Princes of his blood, Prelates, Dukes, Peers and Officers of the Crown, according to the Decree made by the Court of Parliament, declared and did declare the Queen his Mother Regent in France, and to have the care of bringing up his Person, and the Government of the affairs of his Kingdom during his minority; commanding the Edict to be enroled and published in all the Bayliweeks, Senescaushes, and other jurisdictions depending upon the said Court of Parliament, and in all other Parliaments of the Realm; so that the Queen Mother was settled in the Regency by the Parliament and whole State of France. After which Gen. Hist. France, p. 1207▪ Pasquier, Counsellor and Master of Requests, writ her a large Letter touching the Government of the State, wherein he informed her, That she must not forbear to assemble the Estates, for the reason that some would suggest unto her, that they will be some blemish to her greatness; it is quite contrary: The Estates having confirmed it by public authority, will settle it fully. Commonly the Estates assemble to provide for the present and future complaints of the general of this Monarchy, and to reduce things to their ancient course; the people being the foundation where on this Realm is built, and the which being ruined, it is impossible it should subsist: take away these new Edicts, Impositions and Subsidies: it is better to gratify a people, than to entreat them roughly. Above all things beware that you follow not your own opinion alone, in managing the affairs of the Realm. Hereupon four and fifty Edicts and Commissions were revoked, wherewith the Subjects had been oppressed. The continuation of the life of Lewes the thirteenth, p. ●. to 7●. When the King was to be Crowned, the Prelates made this request to him at the Altar before his Coronation; We pray and require that you would grant unto every one of us, and the Churches whereof we have the charge, the Canonical priviledge●, good laws, and justice; and that you will defend us, as a king ought all his Bishops and their Churches. Whereunto the king answered; I promise to preserve you in your Canonical privileges, as also your Churches; and that I WILL GIVE YOU (in the future) GOOD LAWS, and do you justice, and will defend you, by the help of God, according to my power; as a king in his Realm AUGHT TO DO IN RIGHT AND REASON, to his Bishops and their Churches. After which having been acknowledged their lawful Prince, BY A GENERAL CONSENT OF ALL THE ORDERS, the Gardinall of joyeuse presented unto him the Oath of the Kingdom, (the sacred Bond of the fundamental Laws of the State) the which he took publicly in these words, with invocation of the Name of God, having his hand upon the Gospel, which he kissed with great reverence. I promise in the Nam● of jesus Christ, these things to the Christians subject unto me; First, I will endeavour that the Christian people shall live peaceably within the Church of God: Moreover, I will provide, that in all v●cations, theft, and all iniquity shall cease: Besides, I will command, that in all judgements equity and mercy shall take place; to the end that God, who is gentle and merciful, may have mercy both on you and me. Furthermore, I will se●k by all means in good faith to chase out of my jurisdiction▪ and the Lands of my subjection, all Heretics denounced by the Church; promising by Oath to observe all that hath been said: So help me God, and this holy Evangell. After this Ibib. p. 〈◊〉 26. 29. 30. 31. 〈◊〉. 49. 50. 74. 75 Bellarmine's Book of the Pope's power in temporal causes, Becanus, and Scoppius Books, Mariana's Book de R●ge & Regis institutione, Suorez his Book, with others, which taught, That the Pope was above Kings in temporal things, and that it was lawful for private subjects by the Pope's authority to murder kings that were Heretics, and that the murders of Henry the third and fourth, by Chastle and Ravillac were lawful and commendable; were prohibited and condemned to be burnt by Edicts of Parliament. Ibid p. ●●▪ ●8●24, Anno 1611. the Reformed Churches of France, at their general Assembly at Samure by the King's permission, made a general Union, which they did swear to keep inviolably, for the good, quiet, and advancement of the said Churches, the service of the King, and Queen Regent, and preservation of the Estate; and appointed six Deputies therein, for the dispatch of all their affairs, Ibid p. 59 〈◊〉 12●. Anno 1614 the Prince of Conde with divers other Princes, Dukes, Peers, Noblemen, and Officers of the Crown retinued from the Court in discontent, and meeting at Meziers, writ several Letters to the Queen, Parliament, and others, complaining therein of divers grievances and disorders in the government, which they desired might be redressed, by summoning a general Assembly of the three Estates to be free and safe, to be held within three months at the furthest, protesting, that they desired nothing but peace and the good of the Realm, that they would n●t attempt any thing to the contrary, unless by the rash resolution of their enemies, (who covered themselves with the Cloak of State under the Queen Regent's authority) they should be provoked to ●●pell the injuries done unto the King and State BY A NATURAL, JUST AND NECESSARY DEFENCE. After which with much ado Articles of Peace were concluded on at Saint Manchold, between the King, Queen Regent, and these Nobles; wherein it was among other things accorded, That the general Estates of the Realm should be assembled at Sens by the four and 20. day of August, in which the Deputies of the three Estates, may with all liberty propound whatsoever they shall think in their consciences to be for the good of the Realm and ease of the subject; tha● thereby the King with the advice of the Princes & Estates might make some good Laws and Ordinances to contain every man in his duty, to fortify the Laws and Edicts made for the preservation of the public tranquillity, and to reform the disorders which may give just occasion of complaint and discontent to his good subjects: That the King's Marriage with Spain, formerly concluded on, should be respited and not proceeded in during his minority: that all Garrisons put into any places of the Realm by reason of the present motions, should be discharged that Letters Patents be directed to all Courts of Parliament to be verified, by which his Majesty shall declare, that the said Princes, Nobles, and others of ● hat quality and condition soever, which have followed and assisted them in these alterations, had no bad intentions against his service, with all clauses necessary for their safeties and discharges, that they may not be called in question hereafter, and that they shall be restored to their Offices, Estates and Dignities, to enjoy them as they had formerly done. And in like manner his Majesty shall write to all Princes, Estates, and Commonwealths allied to the Crown, and men of quality shall be sent expressly to them, to let them understand what he had found concerning the innocency and good intention of the said Princes, Officers, and Nobles. After which the three Estates were published, Deputies elected; and the King (by his Council and Parliament of Paris) was declared of full age, according to a fundamental Law made by Charles the fifth, ratified by the Court of Parliamnt; That the Kings of France, having attained the full age of thirteen years, and entering into the fourteenth, they should take upon them the Sovereign Government of the Estate: Whereupon the Queen Mother in the Parliament resigns the Regency and reigns of the Empire into his hands. After which the three Estates assembling abolished the sale of all offices of judicature, and others which tend to the oppression and ruin of the People, suppress Duels; the Commons and Deputies of the three Estates present a Petition of all their grievances to the King, consisting of several natures, and pray redress: And for the securing of the King's Crown and person against the Pope's usurpations and attempts, they desired, that it should be declared by the said Estates, and set down as a fundamental Law, That the King did not hold his Realm of any but God and his sword, and that he is not subject to any superior power upon earth for his temporal estates, and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men, whether it be lawful to kill Kings? The Clergy of France except against this Article, as a point of doctrine and conscience (not of State policy, as the Commons pretended, fit only for the Clergies determination, not the Commons or three Estates, as a means to engender a schism and offend the Pope, and after much debate prevail and suppress it: In fine, after many debates the three Estates broke up without any great redress of their grievances, or full answer to their Petitions, which was defaced: hereupon the Parliament at Paris the seven and twentieth day of March, 1615. decreed, under the King's good pleasure, That the Princes, Dukes, Peers, and Officers of the Crown, having place and deliberate voice therein, being then in the City, should be invited to come into the Court, there (with the Chancellor and all the Chambers assembled) to advise upon the propositions which should be made for the king's service, the ease of his subjects, and good of his estate, and to draw up a Remonstrance to this effect. Some Court Parasites presently acquaint the King and Queen Mother with this Decree; as if it were an apparent enterprise against the King's Authority, and did touch the Queen's Regency which they would control; and objections are made against it in Council, whereupon the Parliament are sent for to the Court several times, and ordered to revoke this Decree; they excuse and justify it, then draw up a Remonstrance to the king, consisting of many Heads; wherein among others they affirm, That the Parliament of Paris was borne with the State of France, and holds place in Council with Princes and Barons, which in all ages was near to the King's person. That it had always dealt in public affairs: that some Kings which had not liked of the Remonstrances of the Parliament at Paris, did afterwards witness their grief. That Popes, Emperors, Kings, and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris, etc. Lib. 2. c 12. p. 179. to 187. To which I shall add some passages out of Andrew Favine, in his Theatre of Honour, touching the dignity, power, and honour of the Parliaments of France: In the Register of the Acts of Parliament, beginning, 1368. there is one dated the twenty seventh of june 1369. for matter of murder and assassinate committed on the person of Master Emery Doll, Councillor of the said Parliament; whereby it was approved, That it was a crime of High Treason, to kill a Councillor of Parliament. And in Anno 1475. on the eleventh day of November, Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul, to whom for his rebellions and disobediences king Lewes the eleventh directed his Process. And the said Parliament, declared, That there was not a Lord in the Kingdom so great, except the King and Mounsiour le Dauphin, but aught to come and appear at the said Parliament, in person, when it was ordained for him. And this is witnessed by a Lion abasing his tail between his Legs, exalted over the gate and entrance of the great Chamber, by the Parquet des Huisiers thereof. So that by this illustrious and Sovereign Parliament are ordered and determined the principal affairs of the kingdom. And in Anno 1482. the second day of April, king Lew●● the eleventh, sent unto the Parliament the Oath which he took at his sacring, exhorting the said Parliament to perform good justice, according as the King had promised to do by his said Oath, which he purposed to keep; and the Oath is there Registered down. The Parliaments of France are Oaks with exalted Heads, under whose Branches the people are covered from the very strongest violences, which constraineth them to yield obedience to their Prince: But when Princes (by bad council) misprise the authority of them whereof they ought to be zealous defenders, as being exalted to the Royal dignity, to rule and govern their Subjects by justice, they cut off the right hand from the left: If they refuse the holy Remonstrances of their Parliaments under colour that they are not to meddle with affairs of State, but only with the Act of justice, and lend a deaf ear when they are advertised of evil Government, it is an assured Pronostick, Note. forewarning of the entire decadence of the Kingdom. Strange and foreign Princes have sought and submitted themselves to the judgement of their Parliament, ev●n in their affairs of greatest importance. The Chronicle of Laureshime, under the year 803. (followed by the Monk Aimonius in the fourth Book of his History of France) reporteth, that king Lewes the Debonnaire, holding his Parliament in May, there came thither from strange Provinces, two Brethren, kings of Wilses, who with frank and free good will submitted themselves to the judgement of the said Parliament, to which of them the Kingdom should belong: Now albeit the custom of the said kingdom adjudged the Crown to the eldest, according to the right of Prerogative allowed and practised by the Law of Nature, and of late memory in the person of the last dead king Liubus father commune to these two contendants; yet notwithstanding in regard of the subjects universal consent of the Kingdom, who (for the cowardice and want of government in the Elder) had given the Crown to the Younger, for valiancy and discreet carriage; by sentence the Kingdom was adjudged to him: and the Eldest did him homage, with Oath of allegiance, in the said Parliament. Under the third Ligne, in the reign of Philip Augustus, Pope Innocent the third, and the Emperor Otho the fourth, being in variance for the form and terms of the Oath of fidelity with the said Emperor should make to the Pope; they referred it to the judgement of king Philip in his Parliament, furnished with Peers. Otho made some exception concerning the form and terms of the Oath; And not being able to agree of themselves, both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament, furnished with Peers: So that by order given at Melum in july, 1204. the form of the said Oath was prescribed, and registered in the Parliament Register, at request of the said parties, and sent unto Otho to render it to the said Pope Innocent, who sent this assurance and Certificate to the said Parliament for Registering it, being performed. Innocentius Episcopus, servus servorum Dei, charissimo filio nostro Philippo Francorum Regi charissimo, salutem, & Apostolicam benedictionem; absque dubitatione noveritis, quod secundum formam a vobis & Curiae Regni vestri paribus praescriptam, habetur apud nos jusjur andum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum, nobis & Ecclesiae praestitum. Ego Otho Romanorum Rex, & semper Augustus, tibi Domino meo Innocentio Papae, & Ecclesiae Romanae spondeo, polli●eor, & juro, quod omnes possessiones, honores, & jura Romanae Ecclesiae, pro posse meo, bona fide protegam, & ipsam ad eas retinendas bona fide j●vabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, secundum posse meum, ero ●ine fraud defensor; & quaecunque and manus meas devenient, sine difficultate restituere procurabo. Ad hanc autem pertinent tota terra quae est de Radicafano, usque ad Ceperanum, Exarcatus Ravenna, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitiss●e Mathildis, Comitatus Bricenorij cum aliis adjacentibus terris expressis in multis privilegijs Imperatorum, à tempore LUDOVICI PII FRANCORUM ET ROMANORUM IMPERATORIS CHRISTIANISSIMI. Has omnes proposs● m●● restituam, & quietè dimittam, cum omne jurisdictions, district●, & honore suo. Verunt amen cum adrecipiendam Coronam Imperij, vel pro necessitatibu● Ecclesia Romana● ab Apostolica sede vocatus accessero, demandato summi Pontif●●●● ab illis terris praestationes accipiam. Praetereà adjutor ero ad retinendum & defendendum Ecclesiae Romanae. REGNUM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Successoribus tuis omnem obedientiam & honorific entiam ●xhibeo, quam devoti & Catholi●i Imperatores consueverunt Sedi Apostoli●ae exhibere. Stabo etiam ad consilium & arbitrium tuum de bonis ●onsuetudinibus populo Romano servandis & exhibendis, & de negotio Tusciae & Lombardiae. Et si propt●r negotium meum Romanam Ecclesiam oportuerit in●urrere guerram, subveniam ei sicut necessitas postulaverit in expensis. Omnia vero praedictat●m juramento, quam scripto firma●o, cum Imperij Coronam adeptus fuero. Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto, mense Marcy, Regni nostri septimo. William Rishanger Monk in the Abbey of Saint Alban in England, continue● of the History of Matthew Paris, observeth under the year 1263. that the king of England, Henry the third, and the Barons, of England, who made war upon him, committed their whole difference and quarrel to be judged by the Parliament of France; Vt pax reformaret●r inter Regem Angliae & Barones, ventum est ad istud, ut Rex & p●oceres se submitterent ordinationi Parliamenti Regis Fran●ae (in the time of Saint Lewis) in pr●emissis provisionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in crastino S. Vincentij, congregato Ambianis populopene innumerabili, Rex Franciae Ludovicus coram Episcopis & Comitibus, alijsque Francorum proceribus sol●mniter dixit sententiam pro Rege Angliae, contra Barones statutis Oxoniae provisionibus, ordinationibus, ac obligationibus penitus annullatis, Ho● excepto, quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare. In this Parliament at Amiens were present the King of England, Henry the third, Queen Elinor his wife, Boniface Archbishop of Canterbury, Peter Bishop of Hereford, and john Maunsell; and on the Barons of England's side a very great number of choice elected Lords; who the same year repassed back into England after the Parliament, as the same Monk speaketh. Thus; Favine in the behalf of the French Parliaments, concerning whose power and privileges you may read much more in him and others. But to return to the former History. Continuation of the Gen. Hist. of France, p 13. to 150. The Queen Mother was much discontented with this Remonstrance of the Parliament, pretending that they had an intent to call her Regency in question, which all had commended; that they could not speak of the Government of the affairs of the Realm, without touching her, etc. Whereupon she commanded the Chancellor to give them this answer in the king's name: That France was a Monarchy wherein the king alone commanded, holding his Realm Sovereignly from God; That he had Laws and Ordinances by which to govern them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to control his Government; That they neither could nor ought to complain of the Queen's Regency which had been so happy; That the Queen was not to give an account of her Regency, but to God only; That no man could prescribe unto the King what Councillors he should entertain, etc. with many other such big words. After which there was a De●ree made in the Council of State against the Decree and Remonstrance in Parliament, disannulling and revoking them as void, and forbidding the Parliament hereafter to meddle with affairs of State. The Court of Parliament in general complained much of this Decree; the kings learned Council refuse to carry, or cause it to be read in Parliament, because it would cause an alteration of the good affections and devotions of the King's good subjects, and the dis-union of the greatest companies of the Realm, who administer justice, which makes kings to Reign: After which this controversy was compremised, and the Decree of the Council against the Parliament suspended, and not enroled. Soon after the prince of Conde, with divers others, seeing all things disordered at Court, and little or no reformation of their former grievances, desert Paris, expressesse their grievances in ●undry letters and Articles of complaint, wherein they complain of the want of freedom and redress of their grievances presented in the last assembly of the three Estates; of the Decree and proceedings against the jurisdiction, Remonstrance and proceedings of the Parliament of Paris; Of suffering some Councell●rs of State to usurp all the power of the Kingdom, to pervert the Laws, and change all things as they list; with sundry other particulars: In these they entreat and exhort all men of what condition or quality soever, that call themselves Frenchmen, to assist and aid them in SO JUST A CAUSE; conjuring all Princes and foreign Estates to do the like, and not to su●●er such good and loyal subjects to be suppressed by such a conspiracy. Upon this the king and Q. Mother, through advice of these ill Counsellors, raise an Army, declare these Princes and Nobles, Rebels and Traitors, if they submit not by a day: whereupon they Arm, raise Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Arms were levied forth maintenance of the Crown, so they should be maintained by it; to the which end they seized on the king's Rents and Revenues in sundry places. Mean while the Protestants being assembled in a general Synod at Grenoble, Marsh. Desdiguires makes an Oration to them, to dissuade them from opposing the marriage with Spai●; wherein he hath this memorable passage to justify the lawfulness of a necessary defensive war for the preservation of Religion and Liberties: We have leisure to see the storm come, and to prepare for our own preservation: Finally, having continued constant in our Duties, if they seek to deprive us of our Religien, and to take that from us wherein our liberty and safety depends, purchased by the blood of our Fathers and our own, and granted unto us by that great King Henry the forth, the restorer of France; we shall enter into this commerce full of justice and true zeal, find again in our breasts the courage and virtue of our Ancestors: We shall be supported IN OUR JUST DEFENCE by all good Frenchmen, assisted by all Princes and Estates which love the true Religion, or the good of this State; and in a word, we shall be favoured of the blessings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the spiritual advancement of our Churches. After which the Duke of Rhoan and Protestants, in defence of their Religion and Liberties, join with the Princes and Nobles: At last both sides came to Articles of agreement made at Luudun, Anno 1616. whereof these were a parcel, That the grievances of the general State should be speedily answered; That Sovereign Courts should be preserved in their authority, and the Remonstrances of the Parliament and Peers considered of; That such as had been put from their Offices, should be restored; That all moneys they had taken out of the king's Revenues, should be discharged; All Edicts of pacification granted to them of the Reformed Religion, observed; The prince of Conde and all those of either Religion, who had assisted him in this ●ar, held for the King's good and loyal subjects; all illegal Imposts removed; and all prisoners taken on either side, set at liberty. Anno 1617. the King and Queen Mother seizing upon the Prince of Conde his person, and sending him to the Bastile, upon false pretences of disloyalty and treason, caused new insurrections, wars, and tumults; and the Princes hereupon meeting at Soyssons, resolved to make open war, to seize on the King's Revenues, and to fortify those Towns and Castles which they held in their Government; which they executed; and withal set forth a Remonstrance of their grievances unto the king, complaining especially against the Marshal of Ancre and his Wife, with their adheronts, who were the causes of all their miseries; who having drawn unto himself the whole administration of the Realm, made himself master of the King's Counsels, Armies, and Forts; thereby suppressed the lawful liberty and Remonstrances of the Parliament, caused the chief Officers to be imprisoned, and was the cause of the violence done to the Prince of ●onde, first Prince of the Blood: To the end therefore that they might not be reproached to have been so little affected to his Majesty▪ so ungrateful to their Country, and so unfaithful to themselves and their posterity, as to hold their peace, seeing the prodigious favour and power of this stranger; they beseech his Majesty to provide by convenient means for the disorders of the Estate, and to cause the Treaty of Loudun to be observed, and to call unto his Counsels the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crown and Councillors of State, whom the deceased King had employed during his reign. Withal they publish a solemn Declaration and Protestation, for the restoring of the King's authority, and preservation of the Realm. against the conspiracy and tyranny of the Marshal of Ancre, and his adherents: Who finding no safety in the settling of justice, resolved to make trial of his power, by violating the public faith, thereby to plunge the Realm into new combustions, conspiring to destroy the princes of the blood, of Peers, and chief Officers of the Crown, and to oppress them altogether, with the State, who might be an obstacle to his ambitious designs. To which end he raised false accusations against them, as if they meant to attempt the Kings and Queen Mother's persons; and caused the King to go in person to his Court of Parliament to publish a Declaration, whereby they were declared guilty of Treason; though at last being better informed, he declared them to be his good Subjects, and caused De Ancre to be suddenly slain in the Lowre, and his Wife to be legally condemned and executed: Upon which the new Councillors and Officers advanced by him, were removed, the old restored, the Princes reconciled to the Kings, and by him declared for his good and loyal subjects: Upon which followed a general assembly of the Estates, wherein divers grievances were propounded, and ●ome redressed; the King therein craving their advice for the settling and ordering of his Privy Council. Ibid p. 220. to 306. Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raised an Army against the king; at last they came to an agreement, and were reconciled. The two following years were spent in bloody civil warr●s between the King and those of the Religion, who avowed their defensive wars lawful; which at last concluded in peace: that lasted not long, but broke out into new flames of war, by reason of the great Cardinal Richelieu, who of late years See the Synopsis of his life. proved the greatest Tyrant and Oppressor that France ever bred, reducing both Nobles, Gentlemen, and Peasants into absolute slavery and vassalage, to make the King an absolute Monarch of France, and himself both Pope and Monarch of the world: But he lately dying by the of Divine justice of filthy Ulcers and Diseases, and the King since being (some say) poisoned by the Ie●uite●, who murdered his two immediate Predecessors: wise men conjecture the French will now at last revive and regain their ancient j●st hereditary freedom, rights Liberties, and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years, and almost brought to utter desolation. I have the longer insisted on these Histories of the Kings and Kingdom of France▪ (which clearly demonstrate the Realm, Parliament and three Estates of France to be the Sovereign Power in that Kingdom in some sort, paramount their kings themselves, who are no absolute Monarches, nor exempted from the Laws, jurisdiction, restraints, censures of their Kingdom and Estates assembled, as some falsely aver they are) because our Royalists and Court Doctor's parallel England with France, making both of them absolute Monarchies; and our greatest malignant Councillors chief Design hath been to reduce the Government of England to the late model and new arbitrary proceedings of France; which how pernicious they have proved to that unfortunate Realm, what infinite destructive civil wars and combustions they have produced, and to what unhappy tragical deaths they have brought divers of their Kings, Princes, Nobles, and thousands of their people, the premises & other Stories, will so far discover, as to cause all prudent Kings and Statesmen, to ●●eer the Helm of our own and other Kingdoms by a more safe, steady, and fortunate compass. Thus I have done with France, and shall recompense any prolixity in it, with greater brevity in other Kingdoms, when I have overpassed Spain. From France I shall next ●●eer my course t● the Kingdoms and Kings of Spain, whom jacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado, 1602. professedly undertakes to prove, to be of greater dignity, and to have the Precedency of the Kings and Kingdoms of France, which Catalogus Gloriae mundi, pars. 5. Consid. 29, 30. Andrew Faune Thea●e of Honour, l 2. c. 12. See Camillus Barellus de Regis Catholici Praestantia, etc. General Hist. of France, p 90●. Cassa●aeus and all French Advocates peremptorily deny. The first Kings of Spain▪ overrun by the Goths and Wisigoths, are those their Writers call the Gothish Kings, who as Michael Ritius de Regibus Hispaniae, L. 1, & 2. johannis Mar●●na de rebus Hispaniae, L. 2, 3. the General History of Spain, and oaths affirm, were elected by, and had their authority from the people: You may read their liure and successions at large in these Authors, and find See joannis Mariana de Rege & Regis, justit. l. ●. c. 3. p. 33. Hieron. Blanca Rerum Arag. Comment▪ See council. Toletanum. 8. Surius, Con. T. 2. p. 864 ●65. some of them disinherited and deposed by their subjects, others of them in ward during their minorities to such as the State appointed; others murdered, but all of them subject to the Laws of their Realms, as it is evident by the express ancient Law of the Wisigoths, having this Title; joannis Pistorius Hispaniae illustratae Tom. 3. Leges Wisigothorum, L. ●. c. 2 p. 859: Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta; by other laws thereto annexed, by johannis Mariana De Rege & Regis institutione, L. 1, c. 9 Iac●bus Valdesius de dignitate Regum, Regnorum●, Hispani●, pars. 1. c. 11. p. 135. Michael Ritius de Regibus Hisp. l. 2. Gen. Hist. of Spain, l 6. ●. 168, 169. Those whom they properly call Kings of Spain, had their royal authority derived to them, conferred on them by the people; upon this occasion. Spain, being a Province subject to the Roman Empire, was spoilt, over-runne and possessed by the barbarous Moors for many years; in which time the Spaniards oft solicited the Roman Emperors for aid to expel the Moors, but could gain none. Whereupon to free themselves and their Country from slavery, they chose one Pelagius for their Captain, by whose valour they conquered the Moors, and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo, whom the Spanish Writers mention as the first King of Spain: And this their desertion by the Emperors, the Spanish Writers generally hold (and (g) jacobus Valdesius proves it largely) to be a sufficient lawful ground for the Spaniards, even by the general● law of Nations, to cast off their subjection to the Roman Empire, and to elect a King, erect a Kingdom of their own, exempt from all subjection to the Emperor, since they purchased their own liberty and Country, from the Goths by conquest, of themselves alone without any aid or assistance from the Roman Emperors, to whom (for this reason) they hold themselves and their Kingdom no ways subject; yet for all this they deem their Kings inferior to their whole Kingdoms, and censurable, yea deposable by them, as is clear by the Part. 1. ● 6. & Fox Acts & Mon. Vol. 1. p. 879. 810. forecited passage of the Bishop of Burgen, (Ambassador to the King of Spain, in the Council of Basill, and by johannis Mariana the Jesuits Book, de Rege & Regis Institutione, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own special privilege, Dated at Madrit, january 25. 1599 and after this reprinted at Mentz in Germany, Anno 1605. Cum privilegio sacrae Caesariae Majestatis, (to wit, of the Emperor Radulph the second) & permiss● Superiorum; who certainly would not thus specially approve, authorise this Book for the Press, had it maintained any Positions contrary to the Laws, or derogatory to the Prerogative Royal of the Crowns and Kingdoms of Spain, though other States cannot so well digest it. In this very Book the Author (who hath likewise written a large History of the affairs and Kings of Spain) professedly maintains (in a special Lib. 1. De ●egum, 〈◊〉. ●●p. 8. p. 68, etc. Chapter, wherein he debates this Question, Whether the power of the Republic, or King be greater?) That the whole Kingdom, State and People in every lawful Kingdom, and in Spain itself, are of greater power and authority than the King: His reasons (which I have for brevity digested into number in his own words) are these: First, b●cause all Royal Power that is lawful, hath its original from the People, by whose grant the first Kings in every Republic were placed in their Royal Authority; which they circumscribed with certain laws and sanctions, lest it should too much exalt itself to the destruction of the Subjects, and degenerate into a Tyranny. This appears in the Lacedæmonians long since, who committed only the care of War and procuration of holy things to the King, as Aristotle Writes. Also by a later example of the Arragonians in Spain, who being incited with an earnest endeavour of defending their libert●e, and not ignorant how the Rights of Liberty are much diminished from smail beginnings, created a middle Magistrate, like the Tribunal power (commonly called at this time Aragoniae justitia, the justice of Arragon) who armed with the laws, authority and endeavours of the people, hath hitherto held the Royal Power included within certain bounds; and it was specially given to the Nobles, that there might be no collusion, if at any time having communicated their counsel among themselves, they should keep assemblies without the King's privity, to defend their Laws and Liberties. In these Nations, and those who are like them, no man will doubt, but that the authority of the Republic is greater than the Kings. Secondly, because in other Provinces where the people have lesser and the Kings more power, and all grant the King to be the Rector and supreme Head of the Commonwealth, and to have supreme authority in managing things in times of war or peace; yet there the whole Commonwealth and those who represent it, being chosen out of all Estates, and meeting together in one place, (or Parliament) are of greater power to command and deny, than the King, which is proved by experience in Spain, where the King can impose no Taxes, nor enact no Laws if the people dissent or approve them not: Yea, let the King use art, propound rewards to the Citizens, sometimes speak by threats to draw others to consent to him, solicit with words, hopes, and promises, (which whether it may be well done we dispute not:) yet if they shall resist, their judgement shall be preferred and ratified before the Kings will. Thirdly, because when the King dies without Issue or Heir, the Kingdom and people, not the Prince deceased, o●ght to choose the succeeding King out of another ●am●ly. Fourthly, because if the King vex the Republic with his evil manners, and degenerate into an open tyran●●●, the same Commonwealth may restrain him, yea, deprive him of the Principality, and of hi● life to, if need be; which it could not do unless ●t were of greater Power than the King. Fiftly, because it is not likely that the whole Kingdom and Common●weal would ever strip themselves of all Power and Authority, and transfer it to another, without exception, without counsel and reason, when they had no necessity to do it, that so the Prince subject to corruption and wickedness, might have greater Power than they all, and the Issue be more excellent than the Father, the River than the Spring (the Creature than the Creator of it:) And although perchance it be in the pleasure of the Commonweal to take away the pleanary Power from itself and give it to the Prince, yet the Commonwealth should do unwisely to give it, and the Prince rashly to receive it; by which the subjects, of Free men should become Slaves, and the Principality given for their safety, should degenerate into a Tyranny, which then only is Regal, if it contain itself within the bounds of modesty and mediocrity; which Power whiles some unvisely labour daily to augments they diminish and utterly corrupt it, that Power being only safe which puts a measure to its strength▪ for a Prince ought to rule over those who are willing, to gain the love of his subjects, and seek their welfare; which Power if it grows grievous, takes the King off his people's love, and turns his power in●o weakness: Which he proves by the forecited Saying of Theopompus: For Princes who impose a Bridle on this greatness, more easily govern themselves, it, and their subjects; whereas those who forget humanity and modesty, the higher they climb, the grea●●r is their fall: This danger our Ancestors, wise men, considering how they might keep their Kings within the limits of mediocrity and modesty, so as not to lift up themselves with overmuch power, to the Public prejudice, have enacted many things wisely and excellently; among others this, That nothing of great moment should be decreed without the consent of the Peers and people; and to that end they had a custom to assemble Parliaments chosen out of all orders of men, as Prelates, Lords, and Burgesses of ●ities; which custom at this time is still retained in Arragon and other Provinces; and I wish our Princes would restore it: Not●. For why is it discontinued for the most part in our Nation, but that the common consent being taken away, and Parliaments excluded, wherein the public safety is contained, both public and private affairs may be turned into the Prince's pleasure, and the lusts of a few corrupt, vicious, and voluptuous Courtiers and Parasites may domineer and order all things. Sixtly, becauss many great and learned men hold, that the Pope of Rome, who is of greater Power than any King, is yet subject to the whole Church and a General Council; therefore the King must much more be inferior to his Kingdom. Seventhly, because the whole Commonwealth hath greater strength and forces than the Prince, be he never so great in Power; and therefore if they disagree their Power will be greater: Yea, Aristotle wisely would have the Commonweal, not only to be of greater authority, but likewise to have stronger Forces than the King; which he proves by Aristotle's forecited words, by the practice of the Ancients, and those of Syracuse, who did moderate their Tyrants and Kings Guard so, that they might be able to overpower and master them upon any occasion. How great the authority of our Republic and Nobility was in the times of our Ancestors, I will give you but one example, and so conclude: Alfonso the eight King of Casteil besieged Concha, a City seated in Rocky places, and the most firm Bulwark of the Moors territories on that part: wanting money to pay his soldiers, and thereupon provisions failing, the King hastens to Burgon; and in a national assembly, he demands, that because the people were wearied with Tax: for supporting the War, the gentlemen would give five Muruedines a Poll to his treasury; that this opportunity of blotting out the name of the Moors was not to be omitted. Dieglius then Governor of Ca●tabria, assented to this Counsel, Peter Earl of Cara withstood this motion, and gathering a band of Nobles▪ departed from the assembly, readily to defend with Arms the Liberty gotten by their Ancestors with Arms and valour; affirming, that he would neither suffer a beginning to be made of oppressing and vexing the Nobility with new Subsidies, from this entrance or occasion; That to suppress the Moors was not of so great moment, that they should suffer the Commonwealth to be involved in a greater servitude. The King moved with the danger, desisted from that purpose. The Nobles taking advice, decreed to entertain Peter with a banquet every year, as a reward to him and his Posterity of this good service, amonument so posterity of a thing well done, and a document that they should not suffer the right of liberty to be diminished upon any occasion. Let it be a fixed resolution therefore to provide for the safety of the Commonwealth, for the Authority of the Prince, yet so as to retain their royal principality in order with certain bounds and limits, and that those vain talking parasites and decevers may not ruin both, who exalt the Prince's Power without measure, of which we may see a great number in Princes Courts, excelling in wealth, favour and power, which plague shall always be accused and complained of, but shall ever be and continue. Thus Mariana, who in his next Chapter (worthy reading) proves at large by invincible arguments, De Rege & Regum Instit. ● 1. c. 9 That all Kings and Princes (among others the Kings of Spain) are, and aught to be bound by Laws, and are not exempted from them; that this doctrine ought to be inculcated into thy minds of Princes from their infancy, and to be believed, yea oft considered of them; thnt they are more strictly obliged to observe their Laws then subjects, because they are sworn to do it; they are the Conservators of the Laws, the Avengers of those that infringe them, and their examples are the best means to draw subjects to obey them. Where he again affirms, That the whole Kingdom is above the King, and may not only bind him by Laws, but question him for the breach of them. Before both these, in his first Book De Rege & Reguminstitutione, Chap. 3, 4, 5, 6, 7. he affirms the like; adding moreover, That in many other Realms more, where the Crown is hereditary, the whole Commonwealth, not the King hath and aught to have the chief power to design by a Law (which the King himself may not alter, but by their consents) who shall be the next Heir, to avoid questions and commotions about the Title to the Crown: That where the Right of the Crown is in controversy the whole Kingdom and State ought to decide the right, and settle it where they see best cause: That if the right Heir in Hereditary Kingdoms, yea in Spain, be an Idiot, Infant, Woman, or a person unmeet or not so fit to Govern▪ as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully substituted King in his place by the whole State, especially when the good or safety of the Commonwealth requires it; because the safety of the people is the supremest Law, and what they by common consent have Enacted only for the public safety, they may without any obstacle alter, when things require it, by like common consent; especially, because the hereditary Rights of reigning are for the most part made, rather by the dissimulation of the People, not daring to resist the will of former Princes, then by their certain will, and the free consent of all the Estates: That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue, who are put by the Crown; else divers Kings and Princes now reigning in Spain & elsewhere, should be usurpers and want good Titles to their crowns, they or their Ancestors being not the next right heirs of the Royal Stock (for all which particulars he gives sundry instances in the Kingdoms of Spain) as in Berengaria, Blanch, the Mother of Lewes of France, Ferdinand, Sancho the younger son of Alfonso, Henry the Bastard, john King of Portugal, Fardinand, and john the 2. of Arragon, etc. corluding, That if the King degenerate into a Tyrant, by subverting Religion, Laws, Liberties, oppressing, murdering, or deflowering his subjects; the whole Kingdom may not only question, admonish, and reprehend him, but in case he prove incorrigible after admonition, deprive him, and substitute another in his place; which (saith he) hath been done more than once in Spain: Thus King Peter was publicly rejected for his cruelty to his subjects, and Henry his Brother (though of an unclean Mother) obtained the Crown: so Henry his Nephew's Nephew for his slothfulness and evil manners was deposed by the Nobles suffrages, and Alphanso his Brother, though but a young child proclaimed King. After his death Elizabeth, (Henry his sister) had the chief government of the Realm● leaving Henry. And for a conclusion he adds, That such a Tyrannical King continuing incorrigible after public admonitions of the whole State, if there be no hopes of amendnent, may not only be deposed, but put to death and murdered by the whole State, or any particular persons by their appointment; yea without it, (a note somewhat above Ela) if he be declared a public enemy by the whole state; and in case the whole states cannot publicly assemble by reason of such a Princes known notorious tyranny, he writes, That then in such a case it is lawful for any private man to murder him, to free the Country and Kingdom from destruction. Adding, that it is a wholesome meditation for Princes to be persuaded, that if they oppress the Commonwealth, if they become intolerable thorough vices and filthiness, that they live in such a condition, that they may not only be slain of right, but with laud and glory. Peradventure this fear will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers, and cast bridles upon their fury. The general Hist. of Fran●e, p. 833, 834, 117●▪ 1179. That which is the chief, let the Prince be persuaded, that the authority of the whole Commonwealth is greater than his, being but one, neither let him believe the worst of men, affirming the contrary for to gratify him, which is very pernicious. All these positions of Mariana (however other Kings and Kingdoms may relish them, especially the last touching private Subjects, which few can approve, the Parliaments of France doing public execution on this Book, as they had just cause, for extolling and justifying the barbarous murder of their King Henry the 3. by James Clement a Dominican Friar, l. 1. c. 6. p. 51. to 57 and justifying the Guise's Rebellion) are yet authorized as Catholic and Orthodox by the most Catholic King of Spain, and the Emperor of Germany, in whose Kingdoms they pass for currant coin, the most dangerous of them being seconded, not only by Hieronymus Blanca in his Aragonensium Rerum Commentariis, johannis Pistorius Hispaniae Illustratae, etc. and other Spanish Historians collected by him, but likewise by See Doctor john White ●is Defence of the way, c. 6. where their words are quoted for tyranny and misgovernment. The Gen. Hist. of France, p. 847 914, 915. 1179, 1180, 1181, 1182 1183, 1190. Alvarius Pelagius, Cardinal Tolet, Capistranus, Dominicus Bannes, Franciscus Victoria, Simancha Patensis, Gregory de Valentia, Suarez, the Doctors of Salamancha, Becanus, Bellarmine, with other Spanish Jesuits & Writers, who most heretically affirm, That even the Pope alone either with or without a Council, for heresy (as they deem it) and obstinacy against the See of Rome, may excommunicate, censure, despose, kill, or murder any Christian Princes, depose them from their thrones, dispose of their Crowns to others at their pleasures, absolve their subjects wholly from their allegiance, and give subjects power to rise up in arms against and murder them by open force or secret treachery; Of Christian Sub●ection, etc. par. 3. p. 5●9, 520, 521. which Bishop Bilson truly affirms to be far more dangerous and derogatory to Princes, then to attribute such a power, not to any particular persons but to their own whole Kingdoms and Parliaments only: who being many in number, of the same Nation and Religion with, and having many dependences on, and many engagements by oath, duty, favours, benefits to their Princes, less malice against them, judging only according to the fundamental Laws of the Realm, and former precedents of their Ancestors, and aiming at nothing but their Kingdom's safety, are like to be more just indifferent judges of their Prince's actions when questioned, than the Pope, a mere enemy and foreigner; who proceeds by no other authority, but what he hath unjustly usurped from Kings, and by no other rules but his own will, pride, malice, honour, or profit. I have thus given you an account of the Kings of Spain's subordination to their whole kingdoms and Laws in point of Thesis and positive Doctrine approved by themselves, professed by their eminentest Writers, I shall now proceed to Historical examples to confirm it in point of practice. Munst. Cos. l. c. 20. p. 75. Roderici Archi●p. To●etani De Rebus hisp. l. 4. 2. l. 5. c. ●. ●. Gen. 〈◊〉. of Spa. ●6 Ordogno the 14. king of Castille, summoned 4. Earls of Castille to appear before him, who refused to go to the wars against the Saracens, promising them safe conduct, notwithstanding he commanded them to be apprehended, imprisoned and slain; for wh●ch bloody Treachery those of Castille rebelled against him, rejecting his government, and providing for the ●afety of them and theirs, Duos Milites, non de potentioribus, sed. de prudentioribus eligerunt, quos & Indices statuerunt, etc. They elected two prudent Knights of their own to be their Magistrates and judges, to govern them, to manage their wars, and administer justice to them: the one was named Fl●vius Calvus, the other Nunius, surnamed de Rasura, whose Son G●ndesalvus after his Father's death, was substituted in his place, made General of the Militia; (Principatum Militiae addiderunt) and his son after him, tam à Magnatibus & Militibus, quam AB VNIVERSIS POPULIS CAST LANIS, made Earl of Castille, and all submitted themselves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and treachery. Rodericus Toletanus de Rebus Hisp. l. 4. c. 19 Alphonso the great King of Gallecia about the year of Christ 918. imprisoning his eldest son Garsias, laying him in irons and exercising other cruelties, was by the practice of his own Queen Semena and his other sons and Nobles, so prosecuted and put to such straits; that they enforced him to resign his Crown to his son Garcias, and to deprive him ●elfe of his g●uernment in the presence of his sons and the grandees of his Realm; after which he requested his son to r●ise and grant him an Army to go against the Sarazens, who condescending thereto, he gained a glorious Victory ou●r them, and so died R●der. Tol. l. ●. c. 4, 5. Mu●st. cos. l. 2. 6. 20. Gen. hist. of Spain. l. 7. Alphonso son of Ord●gno, King of Castille, after 5. year's reign, out of levity rather than Religion, resigned his Crown to Ramire his younger Brother, and then turned Monk about the year 939 but not long after, casting, off his Coul & leaving his Monastery, he ●egan to ●aise forces, and to aspire to the Crown again which he had resigned; whereupon Ramir raised an Army against him, and after 2. year's wars took him prisoner, put cut his eyes, and thrust him into a Monastery. 〈◊〉 Cosmogr. l. 2. c. 20. p. 78. Gen. Hi●t of ●pain. john the first, the 35 King of Castille after the death of Ferdinand King of Portugal claimed that kingdom i● right of Eleanor his wife and next Heir, but the Portugals elected john, a bastard, a Knight of the blood Royal for their King, and excluded Eleanor. Henry the 4. the 38. King of Castille, having no children lawfully begotten, would have made Elizabeth his bastard daughter heir to the Crown; but the Nobles would no ways permit it; and resisting him with all their might, preferred his own sister Elizabeth to the Crown, and married her to Ferdinand the 6▪ son to john King of Arragon, rejecting his spurious daughter. And F●ier john de T●ixerai● his Book of The Original of the Kings of Portugal, affirms, that the Kings of Portugal, were usually ELECTED BY THE SUFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to confer the Kingdom on whom they pleased: averring, that Alfonso 1. 3. and 5. john the 1. Emanuel and Antonio, Kings of Portugal, were thus elected, Which though Censure in F. Ioseph● Teixerae libellum c. 75. to 83. De vera. Regum Portugalium Geneologia, lib. in the 2. Tom. of Icannis Pistorius Hispaniae illustrat●e. Duardus Nonius Leo, a Portugois Lawyer denies, and seems to resute; yet he grants freely, that the Parliament or Assembly of the Estates in Portugal have usually determined the Title, Right, and ordered the Succession of that Crown in the Cases of these Princes, and determined of their Legitimate or spurious births: That when the Kings of Portugal have died without Heirs, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King: And that after the death of King Ferd●nand, they put by john and Ferdinand the ●onnes of King Peter, begotten of Agnes de Castro his Concubine, from the Crown, because they were bastards; and moreover enemies to the name and Realm of the Portugois, entering with Henry and Peter Kings of Castille, in an hostile manner with an Army into the Confines of Portugal wasting them every where, and doing great damages to, and committing many murders among their Citizens; for which reason, the States assembled at Cotmbri, resolved, that although they were legitimate, yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOM, quod se hosts & alienos a Portugalia declarassent, because ●HEY HAD THUS DECLARED THEMSELVES ENEMIES AND AL●ENS TO PORTUGAL. And therefore believing the Kingdom to be void for want of a right heir to succeed, in which case, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFULLY ELECT THEM WHAT KING THEY PLEASED, they chose john the Bastard, King, After which he shows, that Philip th● 2. his Tide to the Crown, was long debated by, and resolved in the Assembly of the States of Portugal in the life of king Henry, who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Alm●erin, upon the Petition of the Senate and People, who earnestly pressed him, that the Title of the crown might be settled and decided during his life, to prevent division and c●vill wars after his death: By which it is apparent, that the Assembly of the Estates of Portugal, is the most Sovereign power and above their kings themselves. It is clear, that the Gothish kings which reigned in Spain were not hereditary, but elective, yea, censurable, excommunicable, and desposable by them for their maladministrations. Lib 5. p. 146. I●annis Mariana, De Rebus H●sp. l. 6. c. 4. 6. See Procopius, Vand 1. 〈◊〉 l. 2. c. 20. l. ●. c. 35. The General History of Spain is express, that among the Goths they did not reign by right and succession from Father to Son, but those were chosen Kings among them, which were held worthy; which election was made by the Nobility and People, and if any one did affect that dignity by any other unlawful means. he was excommunicated and rejected from the company of christians; as appear●s by the 5. Council of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 5●5. Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Gen. hist. of Spain, l. 5. p. 122. 140, 145, 146, 147, 149 Ro●san hist. Hisp● pars 2. in their lives, joan Mariana de Rebus Hisp. l. 5. & 6. Tul●● the 23. King An. 642. Bamba the 26. king of Goths, a. 672. to omit others, were elected by the Nobles and people, though now and then the Crown went by succession through usurpation rather than right, Gen. hist. of Spain, l. 5. p. 139 140. 145. Rod. sanct. hist. Hisp. par● 2. c. 15. 22. Theodiscle the tenth king of the Goths in Spain, giving himself to lusts and adulteries, polluted great and honest families, corrupted Nobleses wives, and committed many murders; whereupon the chief of the Goths conspiring against him, strangled him at Sevill rioting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vicious base unworthy Prince, was miserably slain by his own people for his viciousness, as he sat at Table. Gen. hist. of Spain, l. 5. p. 146. Suin●illa the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruel; wherefore the Goths made him resign his Kingdom about the year 630. and deprived him of the crown, he was likewise excommunicated by the Bishops (whose power at that time began to equal that of Kings) at the 4. Council of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowship of the Church, and the possession of their goods gotten by violence and tyrannical means; and Sisenand his adversary, with the consent of the people, obtained the Kingdom. The 6. Gen. hist. of Spain, l. 5. p. 147 Concil. Toletanum ●. c. 3. Surius Concil. T●m. 2. p. 742. Council of Toledo under Cinthilla the 22. king of Goths, about the year 686. decreed, and by a perpetual law imposed on the Kings of Spain, not to suffer any one to live within their Dominions, which was not a Catholic; the which their kings should solemnly swear before they were crowned; and if any king should go against that Law which he had thus s●orn, he should be excommunicate and accursed in sight of the eternal God, and made the fuel of eternal fire: which Canon was made, not only by the assent of this king & his Bishops but likewise with the consent & deliberation of his Nobles and great men. In the Surius Concil. Tom. 2. p. 739. 740. Mariana de Reb. ●isp. l. ●. 6. 6. 5. Council of Toledo under this king it was decreed, C●n. 2, 3, 4, 5, 6, 7. That the king's children and faithful servants after their death's, should not be deprived of the lands, honours, and just rewards by the succeeding kings, which had been conferred on them in their lives; That no man should aspire to the crown licentiously, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALICE, nor the Nobility of the Gothisn Nation had no● advanced to this top of honour. That none should, during the king's life, endeavour or use means to succeed him after his death; nor yet revile the Prince, under pain of excommunication. All which particulars were ra●ified by new Surius Concil. tom. 2. p. 744. ●45. Mariana de Rebus Hisp. l, 6. c. 9 Canons in the 6. Council of Toledo under this king, Can. 14, 15, 15, 17, 18. with this addition; That the king being dead, none should usurp the kingdom by tyrannical presumption; that none who had been shaved a Monk, or dishonestly bald, or descended from a servile stock, or a m●n of a foreign Na●ion, unless worthy both in respect of his Pedigree and manners, should be promoted to the Throne of the Kingdom; nor no man attempt the Prince's destruction, life, or usurp his Crown tyrannically, under pain of being smitten with a perpetual Anathema, and eternal condemnation, for breach of any the premises These Counsels, as Mariana observes, were in truth General Assemblies of the Estates, where they handled not only matters of Religion, but likewise of the Commonweal by common consent of all. Bamba the 26. king of the Goths (after Gen. hist. of Spain, l. 5. p. 149. 150. Rod●●. san. hist Hisp. par. ●. 1. 32. Surius Concil. c●m. 3. p. 3. Mariana de Rebus hisp. l. 6. c. 12, 14, 17. Lewes de May●rn Turquets computation which I follow but 32. after Roderick Sancho) was elected king by the Goths, as he was ploughing with his Oxen in the field, being a plain country man. Some say, that he would never have received this honour and charge, but by constraint, and that refusing it absolutely, a Noble man of the Goths drew his sword, and threatened to kill him if he did not yield to the Goths entreaties, and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves. fruit, and roots; whereupon he took this dignity upon him, more for fear than for any desire to reign. Anno 672. After which Eruinge ambitious of command, poisoned king Bamba, so as he became mad; for curing whereof many natural and superstitious medicines were applied, but to small effect; so as Bamba coming a little to himself again, and finding his disability to govern, willingly quit the Crown, and retired himself into a Monastery at Pampliga, where he lived seven years and one month, and Surius Concil. 3. p. 3, 4. Mariana de Reb. Hisp▪ l. 6. c. 17. Eruinge was chosen king in his pl●ce, whose Election was confirmed and allowed lawful in the 12 Council of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLE'S DESIRES; whom this Council absolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the General Hist. of Spain, l. 5. p. 151. thirteenth Council of Toledo under this King Eruinge. Anno 684. it was decreed, That neither the King nor any other should marry the Widow of the deceased King, upon pain of excommunication, and to be damned to Hell fire. Vitiza Gen Hist. of Spain. l. 5. p. 1●2, 153. Rod Sanct. Hi●●. Hisp. pars. 2. c. 35 Mariana de Rebus Hisp. l. 6. c. 19 the nine and twentieth King of the Goths, at his first coming to the Crown, showed himself mild, liberal and religious, but soon after became the infa●my and dishonour of Kings, being full of all excess of Just, impiety, hypocrisy and dissimulation, and exceeding in all vices without shame; he filled his Palace with many Wives, which he married, and Concubines too; he publicly allowed to all men, Nobles, Commons, Priests and Clergy, to marry as many wives, and keep as many Whore's as they pleased; he used grea● cruelty to many: flattered the Clergy, left by their censures they should draw the people from obeying so filthy and unchaste a king. To prevent all rebellions (under the colour of peace which Spain did then enjoy) he caused all the Towns of Spain to be dismantled, except Leon, Toledo, and Asturica; he disarmed the people, disannulled all the immunities of the Church; he recalled the banished the Jews, and granted them great privileges; he advanced a most ●icked wretch to great honours, execrable to all the people, that so he might not say, himself was the worst of men: Finally, as a presage of his future miseries, he showed (in all sorts of excess and violence, contrary to the Laws of God and men) what Princes ill instructed and ignorant of true piety could do: A Buffone ask him merrily, Why do you being a King & the son of a King, do thus, you may lose your Kingdom? Hereplyed like another Dionysius, My Father left me his kingdoms, not fortune. In fine, Gen. ●ist. of Spain, l. 5. p. 153, 154, 155 Rod. S●●ctius, Hist. Hisp. par●. 2. ●. 37. Mariana de Rebu●, Hisp. l. 6. c. ●1, 22, 23. 〈◊〉, Rodorick with the aid of the Goths Nobility and of the Romans, chased this in famous Monster out of the Throne, which he unworthily held, defeated, and took him prisoner in a set battle, put out his eyes as he had put out others, confined him to Cordova, where he spent his days in misery, without Title or honour, and by suffrages of the people Gen. ●ist. of Spain, l. 5. p. 153, 154, 155 Rod. 〈◊〉, Hist. Hisp. part. 2. c. 37. Mariana de Rebus, Hisp. l. 6. ●. 21, 22, 23. Ill●stratae, Rodorick obtained the Crown; who soon after exceeded Vitiza in all manner of vices, cruelty, and tyranny, and ravished the daughter of julian Earl of Cava, whiles he was in embassage in Africa for the affairs of the kingdom; Who to revenge this indignity, and cast out this wicked Monster, Anno 713. called the Moors into Spain, who overran and conquered the Kingdom, destroyed Rodorick and put a Period to the Goths kingdom in Spain. Thus Tyrannical vicious Prince's ruin at last both themselves and their Realms. Among the In 〈…〉 Hist. Tom. 3. p. 〈◊〉 860. Laws of the Wisigothes, Lib. 2. c. 2. 6. I find not only an Act declaring their Kings to be subject to their Laws as well as subjects, but likewise a Law restraining their King's excesses, and disenabling them to alien their Crown lands or revenues to their own Children or others, but only the Lands which themselves shall purchase; which was likewise decreed in the eighth Surius Concil. Tom. 2. p. 864, 865. Council of Tolede, under king Recesuinthus, wherein there was this complaint made. Quosdam conspeximus Reges, postquam fuerint regni gloriam assecuti, extenuatis viribus populorum, rei propriae congerere lucrum; & obliti, quod reges sunt vocati, defensionem in vastationem convertunt, qui vastationem defensione pellere debuerunt; illud gravius innectentes, qu●d ea quae videntur acquirere, non regni depistant honori, vel gloriae, sed it a malunt in suo jure consundi, ut veluti ex debito descernant haec in liberourm posteritatem transmitti: Resolving, that non personae sed potentiae haec subdi debere, non habenda parentali successione, said possidendaregali congressione; regem terrenum jura faciunt, non persona, etc. I likewise find another Legis Wisigoth. l. ●. c. 28. p. 869. and l. 6. c●●. p 936. Law, nullifying all unjust judgements and sentences given by judges through fear or command of the King. And another Law, giving the King power over all offenders against himself, but denying him power to pardon any. Delinquents against the Nation or Country. All which considered, prove the whole State, Kingdom and Counsels among the Spanish Goths, to be above their kings, who were liable to their restraints, excommunications, Laws, Procop. Vand. 1. Amon l. ●. c. 20. l. ● c. 35. 〈◊〉. de Enc. Belli▪ l. 1. c. 3. Sect. 11. Censures, Depositions, for their maladministrations, vicious lives, and not successive but elected by them. Gen, Hist of Spain, l. 6. p. ●69 171, 172, 173, 174, 175, 177. Mariana de r●bus, Hisp. l. 7. Pelagius the first king of Oviedo, ●as elected king, and that kingdom erected by the general consent of the people oppressed by the Moors, about the year, 618. during whose reign there were several Viceroys of the Moors, in Spain, as Alcazazin, and ●b●atan and others. His son king Fasila was slain by a Bear which he pursued in the mountains: I doubt his Subjects would have resisted him as well as the Bear, had the made war upon them. Froil● the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight, generally beloved, (out of jealousy) lest he should usurp the Crown; in revenge of whose death he was soon after slain by his own brother A●relius, Anno 767. who succeeded Froila in the Realm, notwithstanding he left a son called D Alphonso the chaste; but the hatred that the Noblemen did bear unto his father, was the cause of his r●j●ection, being then also very young; whereby it appears, that the right of succession was not in those days practised in Spain; Sillo his brother-in-Law succeeded him; after whose death by general consent, the kingdom was given to Alphons●. Gen Hist. of Spa l. ●. p. 183 Ramir the tenth king of Oviedo did that which all other Princes abhor, for he received his son to be companion with him in his kingdom, and caused his brother Garcia to reig● with him, so as there were now two kings and Courts in Oviedo, both agreeing well together. Anno 894. Froila dying without issue, because his children were too young to reign, the Nobles conferred the kingdom on Alphonso the fourth, who after five years turned Monk. Gen. Hist. of l. 7. p. 211. 226. Mariana de rebus. Hisp. l. 8. c. 8. Ramir the third, twentieth king, of Leon, abandoning himself to a voluptuous life, contemned all good counsel, so as the Earls and Noblemen of Gallicia seeing his folly, and discontented with his vices, scorned him, and would no more acknowledge him to be their king, electing Bermund for their Sovereign, and entitled him king of Gallicia, which title he enjoyed ten years joan. Vasaei Hisp Chron. An 899. p. 714. About which time the Moors in Spain which had one king reigning at Cordova, after the death of king. Mahomet, made so many petty kings, as there was scarce any good town in. Spain, but had a particular King, which made strict alliances among themselves for the preservation of their estates. Gen. Hist. of Spain, l. 8. p. 242. Mariana de rebus Hisp. l. 9 6, 8, 9 Anno 1071, Garcia king in Gallicia growing a tyrant, spoiled and ill entreated his Subjects, governing himself after the appetite or a base woman, who put the Nobility and Gentry in favour or disgrace with the king as she pleased, so as in the end growing insupportable, certain Knights slew her in the king's presence; His brother Sancho taking advantage of the people's hearted, entered his Realm with a great Army; who thereupon being deserted generally by his people, fled to the Moors for aid, and fell to spoil his own Country, after which he was defeated, taken prisoner, and so kept in the Castle of Lune with a good Guard till his death. I read in De rebus Hisp. l. 9 c. 5. john Mariana, that in the Council of Florence under Pope Victor the second, Anno 1055. Hildebrand a Cardinal Deacon Ambassador to Henry the second, Emperor of Germany, complained in the Council against Ferdina●d king of Spain, in the Emperor's Name, That against the Custom of his Ancestors and prescript of Laws, he did with incredible arrogancy and levity hold himself exempt from the power of the Roman Empire, which injury himself could gladly suffer, if there were no other loss but of his own honour; But since the estate of Chr●stendom could not well subsist, and the Pope's Authority would likewise be impaired, unless all Christian kingdoms were united and knit to gether under one temporal head the Emperor, whom they should obey; they ought to suppress the springing temerity in the Womb, lest by their neglect spreading itself into other Provinces, animated with the sweet, and ofttimes deceitful name of liberty, the sacred Majesty of the Empire and Popedom should be reduced to an empty title; wherefore he desired them to interdict all Spain, and excommuniate the King; which if they did, he would be assistant to the Church's honour and Republik●s safety than endangered: B●t if they refused it out of fear, he would not be wanting to the honour of the Empire, & would certainly look to himself in private. The Pope after some deliberation, approved this motion as just, & thereupon sends Lega●s to Ferdinand in his own and the Councils name, to satisfy the Emperor's demands fourthwirth▪ under pain of present excommunication. The King doubtful and fearful whether to obey or not, summons a general Assembly of the Estates of the Realm: The Clergy and religious sort of men persuaded submission, for fear of the Pope's excommunication; the fearfuller sort concurring with them, by reason of the Emperor's power and their own weakness and distraction, and the King's desires of peace, inclined most to their opinion, But ●ome heroic spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain; Which being once admitted on their ●ecks, they should hardly shake off again; that it was better to die fight, then that the Republic should be involved in so great a mischief and indignity. Rodoricus Diacius, a noble Spaniards opinion (than absent from the assembly) being required by the king and it, answered. That this was no matter of Counsel: that what was gotten with Arms was to be defended with Arms; that it seemed most unjust, that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it; a that it was better to die valiantly, than to lose the liberty gained by their Ancestors, to become a mocking-stock to a barbarous and cruel nation, who contemned all men bus. themselves; whose ears were proud, whose speeches contumelious, whose access difficult, riotings new, cruelty inhuman; Shall we who have yet hardly escaped the servitude of Moors, undergo anew bondage prepared, from the Christians? They will deride both us and ours. Doth the whole world, as far as Christianity extends itself, obey the Germane Emperors? Shall all the grace, power, honour, riches, gained by ours, and our Ancessors blood, give place to the Germans? Shall they leave dangers, repulses, iudgemen, want to us? Shall Germany again lay on us the yoke of the Roman Empire, which our Ancestors have shaken off? Shall we be a vulgar people without grace, without Empire, without authority, obnoxious to those, to whom if we had vigorous minds, if we were men, we might be a terror? But it is difficult to resist the Emperors endeavours, not to obey the Roman Pontiffs commands: verily it a baseness of spirits, for an uncertain fear of war, to involve the Commonwealth in most certain dangers: many things are effected by trial, which seemed difficult to slothful men. I know not what stupidity hath seized on many, whom neither glory moves, nor the infamy of the wretchedness, thinking it great liberty enough if they be freed from scourges. I suppose the Pope's ears will not be so averse to our affairs, that he will not be moved with our most just prayers, and the equity of the cause; Let some now be sent, who may boldly defend the cause of our liberty before him, and teach him, that the Germans demand unjust things. Mine opinion is, that the liberty gained by our Ancestors, it to be defended with arms against the attempts of all men, and with this my sword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR COUNTRY, who out of a simulation of a fond Religion, or show of preposterous caution, shall give contrary advice, neither shall resolve, that servitude is to be repudiated with greater care by us, than domination is affected by them. So far forth as every one shall addict himself to the liberty of his Country, so far shall I be a friend unto him, or a deadly enemy. This opinion of Roderic prevailed, in pursuit where of they raise an army of ten thousand men, whereof he was made General; they send Ambassadors to the Pope and Council, whereof Roderic was chief; and upon a full hearing of the cause before Rup●rt Cardinal of ●aint Sabria, the Pope's Legate, at Tholouse, judgement was pronounced for the liberty of Spain, and it was decreed, That the Germane Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain; which was afterwards confirmed by the customs of the people, the consent of other Nations, the public resolution and judgement of Lawyers; as Iac●obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large. Li●. ●. p. 240 The General History of Spain, records, that the Council of Florence resolved, that seeing the Kings of Spain had defended and conquered their Realms by Arms, without any aid from the Emperors, they were free and exempt from all subjection and acknowledgement to the Emperors; whereof we may read the Gloss upon the Chapter Adrianus Papa, distinct. 63. The like privilege have the Kings of France, the State of Venice, the Kings of England, and some others; Which clearly demonstrates, the Sovereign power of Kingdoms and Nations even over their Kings and Princes, and that they may justly descend themselves, and Elect other Princes, when they are deserted or destroyed by them. Gen. Hist. of Spain, l. 8. p. 243 Anno 1083. Sacho Ramires king of Arragon, to supply the charges of his wars against the Moors, was sometimes forced to use the revenues of his Clergy, his Treasure being not able to furnish so great a charge; but the Bishops of his Country, who affected nothing more but to enrich their own Order and State, opposed themselves against him, and afflicted him in such sort, as putting him in a vain fear, that he was damned for this cause, They made him do Penance in the Church of Roda before Saint Vincents Altar, in the presence and at the pursuit of Raymund Dolmare, Bishop of that place, the Bishop of Jarca, and others, and to confess publicly, that he had grievously offended. Thus those good Fathers publicly insulted over their Sovereign. Anno 1091. king Alphonso granted this privilege, among other, to Toledo. That the City of Toledo might never be alienated from the Crown, nor given upon any Title whatsoever, to man, woman, or child. Anno 1076. Sancho King of Na●arre was slain in battle by his brother Raymond thinking to reign after him, but the Navarroyes expelled him out of their confines, disdaining that he should reign over them, who had embrued his hands in his kingly brother's blood, and sending to Sancho Ramires, Hyeron. Blancae Arog●n. Rerum. Com. in S●nct. 4. p. 625. Gen. Hist. of Spain, l. 8. p. 243. 4. king of Arragon, called him to reign over them, because their slain kings sons were ●oo young to reign, and protect them from their enemies; by which means the kingdoms of Arragon and Navarre were united. Gen. hist. l. 9 p. 274. to 279 ●oan Mariana de Rebus Hisp. l. 10. c. 8. Rod. sanct. hist. Hisp. pars 3. c 30. Veracha Queen of Castille, a most lascivious open Adultress, by her unchaste life so far provoked her husband Alphonso, that he was divorced from her, made war against her and confined her: After which she still continuing in her lewdness, the Nobility and States of Castille and Leon, revolt from her, take arms against her, depose her from the Crown, and elect and crown her son Alphonso the 8. king An. 1122. allowing her only a pension to support her life. Gen. Hist. of Spain, l. 9 p. 281, 282. to 287. Rod. Sancti ●ist Hisp pa●s 3. c. 30. Mariana De Reb. Hi●p l. 10. c. 5. Alphonso King of Arragon by his last Will and Testament, most solemnly ratified, for the expiation of his sins, gave divers crown Lands, Tenements, Revenues, and Legacies to Religious houses and persons, An. 1132. but being prejudicial to the Crown, his Will after his death was held void and not put in execution: he being slain by the Moors An. 1134. the States of Arragon elected one Peter Tares for their King: who growing exceeding proud of his new dignity, began to despise the Nobles, and abrogate the Laws and customs of the Country: And the Nobles (being assembled at a general Assembly of the States) going to visit him, he commanded his Porter to shalt them out, saying, that Mounsieur was busy about matters of great importance, but they understood afterwards, that the great affairs causing him to exclude his friends were, his Barber was trimming him: which so incensed the Nobles and great men, that the nex● day they held their general Assembly of the Estates without the King; where they first of all decreed to depose their new king, because being ●in honour he had no understanding of himself, and because they found he would grow more proud and insolent afterwards: whereupon expelling Peter, the Estates assembling at Borta. elected Ramier a Monk, brother to king Alphonso, for their King; who was much derided of his Nobles for his Monkish simplicity, and at last turned Monk again: But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdom, and being jealous that the Arragonoys by choosing a King of the blood Royal of Arragon, would by this means aspire to the chief places of honour and favour in Court, it was concluded, that the Estates of Navarre should assemble at Pampelone, where they chose Garcia Remiges their King of Navarre; and so the Realms of Arragon and Navarre which had been united 58. years, were separated in these two Kings. The Kingdoms of Spain being often before and since this time united and divided, as the people and Realms assented or dissented thereunto. Gen. hist. of Spa. l. 10. p. 307. to 312. 315. 321. 326. Not to mention the troubles of Castille by reason of the nonage of their king Alphonso the fourth, of whose custody and tuition the assembly of the Estates disposed; or how some Knights of Castille slew a jew, with whom this king was so enamoured, that he forgot his new Spouse, and almost lost h●s senses. A●no 1179. king. Alphonso assembled the Estates of Castille at Burgon, to leavy a Text upon the people, whereto the Nobility, as well as the rest, should contribute, imposing 5. Maravidis of gold for every person; but it took no effect: for all the Gentlemen of Castille being discontented, that he sought to infringe their Liberties, fell to arms, and being led by the Earl Don Pedro de Lara, they were resolved to resist this tax, and defend their Liberties with the hazard of their lives. Whereupon Alphonso changed his opinion, and let them understand, that from thenceforth he would maintain their immunities; and that whatsoever he had then propounded, was not to continue, but only to supply the present necessity of affairs, which he would seek to furnish by some other means. For the great resolution which Don Pedro de Lara showed in this action, the Nobility of Castille did grant to him and his successors, a solemn breakfast in testimony of his good endeavour in a business of so great consequence, and thereby the Lords of Lara have the first voice for the Nobility in the Court of Castille. G●n. Hist. of Spain, ● 10, p. 339. Mariana de Reb. hisp. l. 11. c. 2●. An. 1204. King Alphonso the Noble called a Parliament of the Lords, Prelates and Deputies of the Towns of his Realm at Toledo, to advise and assist him in his wars against the Moors; where they concluded to crave aid from all Christian Princes, and a Crossado from the Pope against the Moors, and made divers Laws to restrain the superfluities of the Realm in feasts, apparel, and other things. Gen. hist of Spain, l. 1●. p. 346. 347. l. 11. p. 3●0. 351. 352. 353. 35●. 355, 356. james the 8. King of Arragon being young at the time of his Father's death, it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida, that Don Sancho Earl of Roussilon should govern the Realm during the King's minority; but they gave him limitation: The King's person they recommended to Friar William of Moncedon, Mr. of the Templars: After which An. 1220. this young king's Uncles seeking to wrest the Realm from him instead of governing it, by the fidelity of the Estates and their authority, his interest was preserved, and three Governors with a superintendent of his Provinces were appointed by them; and to prevent the continual practices of the Earls of Roussillon and Fernand the king Uncles, the states and justice of Arragon declared the King of full age when he was but ten years old, and caused the Earl of Roussillon to quit the Regency; the authority of the justice of Arragon being then great for the defence of the public liberty. An. 1214. Asphonso the Noble king of Castille dying, his son Henry being but 11. year old, the Prelates, Nobles and Commons assembled at Burgon, having declared him king, and taken the oath, made Queen Eleonorahis Mother, Governess of his Person and Realms: after whose death, the custody of him was committed to the hands of the Lords of Lara: This king afterwards playing with other young children of Noble House's at Palenca in the Bishop's Palace, one of them cast a tile from the top of a Tower, which falling on the covering of an house, heat down another tile, which fell on the young king's head, wherewith he was so grievously hurt, that he died the eleventh day after, An. 1217 yet this his casual death (for aught I find) was neither reputed Felony nor Treason in the child that was the cause of it. After whose death Fernand the 3. was proclaimed and made King by the States of Castille, to prevent the pretensions of the French: after which his Mother Queen Berenguela in the presence of the Estates, renouncing all her right to the Crown, resigned it up t● her son Fernand: About this time the Moor●s in Spain rejected the Miralumims of A●rick, and created them several Kings and Kingdoms in Spain, being never more united under one Crown after this division, which they thought it lawful for them to make. Gen. hist. of Spain, p. 363, 366, 367, 368. An. 1228. the Estates of Arragon assembling at Barcelona, they consenting and requiring it according to the custom of the Arragonians and Cattelans, (these Estates having authority to make War and Peace, and Leagues) aware was resolved against the King of the Moors and Majorkins. Anno 1231. the Realm of Navarre being very ill governed, by reason their King Sancho retired to his chamber, did not speak with any man but his Household servants, and would not hear of any public affairs; thereupon the State began to think of electing a Regent to govern the Realm during his retiredness; to prevent which, Sancho made an unjust accord with the king of Navarre, and confederated with james King of Arragon, by the assents of the states of the Realm to leave his Kingdom to him if he survived him; yet after his death Thibault Earl of Champagne was by the states of Navarre elected and proclaimed King. And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the war with the Moors and conquest of Valentia, without whom it was not lawful for the King to undertake any matter of importance. For maintenance of this war, a custom called Marebetine, and an exaction of impost for cattle was by the Estates imposed on the People; it was likewise decreed, that all pieces of Gold and silver coined should be of one goodness and weight, to the observation of which Edict for coins, all were bound to swear that were above 18. years of age. Gen. hist. 〈◊〉 Spain, l 1●. p. 370. Anno 1236. james King of Arragon, revealing to his Confessor the Bishop of Girone, that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame, she sued him thereupon before the Pope, who gave sentence against her for want of sufficient witness, notwithstanding his Confessors testimony: The King hereupon grew so angry with the Bishop for revealing his secrets, that sending for him to his chamber, he caused his tongue to be cut out: For which outrage committed on the Bishop, though faulty, the Pope in the Council of Lions complained, and in the end interdicted all the Realm of Arragon, and excommunicated the king. Hereupon to take off this interdiction and excommunication, the king sent the Bishop of Valentia with his excuse and humiliation to the Pope; wherewith he being some what pacified, sent two Legates into Arragon; who having assembled a Synod of Bishops at Lerida, they caused the King to come thither, and to confess his fault upon his knees before these fathers, with great submission and tears, who gave him absolution, upon condition he should cause the Monastery of Boneface to be built, and endowed with an hundred and forty pounds of silver, of annual rent; endow an Hospital for the poor with four hundred pounds' silver per annum, and give a Prebendary in the great Church of G●rone, for the maintenance of a Mass-priest. About which time the Gen. hist. c● Spain, l. 11. p. 372. 408. Moors in Spain erected many new Kings and Kingdoms by mutual consent, and Mahumad Aben Alamar for his valour, was by the Inhabitants of Mariona, elected and made first King of Granado. Gen. hist. of Spain, l. 11. p. 377, 378. Anno 1243. all was in combustion in Portugal by the negllgence and baseness of their king Don Sancho Capello, who was wholly given to his wife's humours, hated of the Portugals, and himself disliked for her sake: for many Malefactors and insolent persons were supported by her, who grew daily more audacious in their excess, without fear of justice, which was trodden under foot, for their respect. For these considerations, and her barrenness too, all the Noblemen of the kingdom desired to have the Queen (called Mencia) separated and sent out of Portugal: for effecting whereof, they made a great instance at Rome, but neither exhortation, admonition nor commandment, nor censure could prevail, the king so doting on her, that he would not leave her: Which the Portugals perceiving, some of them presumed to seize on her in the City of Coimbra, and conducted her into Ganllicia, from whence she never more returned into Portugal. Not content herewith, they sought to depose the King from his Royal dignity too, for his ill government, and to advance his Brother Don Alphonso to the Regal Throne, in his place; whom the Estates assembled made Regent of Portugal, leaving only the Title of King to his brother; which fact of the Estates, the Pope in the Council of Lions, authorized by his Apostolic power: with which the King being displeased, abandoned his Realm, and retired into Castille. Gen. Hist. of Spain, l. 11. p. 379. Anno 1247. The Laws and Customs of Arragon, were reduced into writing by King james his appointment, and compacted into one body, having till that time been observed only by tradition: which Volume was confirmed by the Estates held at Huesca: And the same year the King of Castille erected a kind of Chancery and standing Court of Parliament of 12. learned men, which followed the Court. Gen. hist. of Spain, ●. 12 p. 385, 386, 387. Anno 1254. Thibald the 2. king of Navarre being but 15. years old at the descent of the crown unto him, was at 25. years of age, declared of full age, and crowned King in the great church of Pampelone, where he did swear, TO PRESERVE AND AUGMENT THE PRIVILEGES OF THE COUNTRY: Afterwards he doing homage to the king of Castille for the Realm of Navarr●, as his predecessors had done before him, and making such a peace with him as the prelate's, Knights and Commonalties of the Realm in the States had approved, yet divers knights and the Inhabitants of the Borough of S●. ●●rmin of Pampelone disallowed this homage, this peace, and would not subscribe to it, as tending to the king's dishonour; whereupon the king did punish them by sins▪ but his choler being past, some few days after, considering they were good and faithful subjects, loving his honour and greatness, and that they resisted his will out of true love and zeal which they owed to the Crown and their Country, he caused their F●nes to be restored. Gen. hist. of Spain, l, 12. p. 390, 397. Alphonso the 3. fifth King of Por●●gall putting away his 〈◊〉 wife Mahavis without cause after he had children by her, and marrying 〈◊〉, hereupon when by no entreaties of Friends or the Pope he would entertain his first wife again, he was excommunicated by the Pope, and his Realm interdicted 10 or ●●, yeerspace, continuing still obstinate till his first wife died, after which he was absolved. Gen. hist. of Spain, l. 12. p. 393, 40●, 401. Anno 1260. and in some year following, there were divers 〈◊〉 concerning the Crown Lands, and settling of Portions for the King of A●ragons younger children, moved and determined in the Assembly of the Estates of Arragon's and the Nobility complaining, that their King james did b●●ake 〈◊〉, made many Leagues and Factions. This matter being debated 〈…〉 Saragossa, and then at Exea in the year 1265. for pacifying these troubles they enacted, That no honours nor military fees should be given to any but to Gentlemen of race, and born in the Country. That no Gentleman should be subject to the 〈◊〉 of cattle: nor to any other. That in all controversies which the Nobility might have against the king or among themselves, the Magistrate called the justice Ma●or of Arragon should be judge, being assisted by the Council. That the King should not give the fees and Military rewards:, allotted to them that do him service, as are co●peace of their virtue and valour, to any of his lawful children, who by right have their portions in the Realm: Anno. 1274. james King of Arragon coming to the Council of Lions, desirous thereto be crowned by the hands of Pope Gregory; (a ceremony whereof he made great account:) the Pope refused him, unless he would acknowledge himself vassal to the church of Rome, and pay the arrearages of the rent which the deceased King Don Pedro his Father had promised: the which King james would not do, holding it an unworthy thing so to debase the greatness of his Crown, and restrain the Liberty of his Realm in any sort. And this year there were great and continual Tumults in Arragon, the Nobility opposing themselves against the King: for composing which differences the Estates of Arragon assembled in Parliament at Exea, where king james took the government and managing of the affairs of the Realm from his son Don Pedro: and divers great Dons were there condemned of contumacy, and their Lands confiscated by the justice Major of Arragon: In this Assembly the Nobility pleaded the Privileges of Catteloyne; That the Nobility might quit the King's obedience in case of controversies and suits, especially if there were question of their Liberties, and to protest it publicly. Gen. Hist. of Spain, ●. 13. p. 397, 398. Anno 1265. Denis the infant King of Portugal desired his Grandfather Alphonso King of Castille to discharge the Realm of Portugal of the homage and vassalage it ought to the King of ●eon, who thinking it would be taken ill by the Noblemen his Subjects, advised the infant to propound it in an open Assembly, called to that end. The opinion of Don Nugno de Lara was, that by no means he should diminish the authority and greatness of his Crown, which he should doc, if he did quit this homage to the King of Portugal: For which opinion the King growing angry with him, the residue fearing the king's displeasure, advised him to do it: Whereupon the Realm of Portugal was freed from all homage and subjection due to the Kings of Leon and Castille: For which prodigality the other Nobles and D. Nugno were so much discontented, that they made a League with the King of Granado against their own King, for dismembering Portugal from the Crown of Leon; to pacify which differences the King used many mediations, and at last called an Assembly of the Estates at Burgos, the which was held without the Town for the safety of these Confederates. That great Astronomer Gen. Hist. of Spain, l. 1●. p. 412. to 426. Alphonso King of Castille, (who presumed to control the Author of Nature, saying; That if he had been at the Creation of the world, he should in many things have been of another opinion, and amended God's workmanship;) was a most wilful, indiscreet, unfortunate Prince: for his eldest son Fernand dying in his life time, leaving Alphonso and other issue males behind him, Don Sancho his second son resolved to dispossess his Nephews of the kingdom, saying; That it was fit, that he who was a Knight, and learned to govern a Realm, were it in war or peace, should reign after his Father rather than his Nephews, sons of his eldest brother who were very young, having need of Regent's and Governors', charges which were affected by great personages, who by reason thereof grew into quarrels one with the other, to the oppression of the people, and hazard of the Estate. After which, Don Lope Diaz of Haro pressed the King to declare Don Sancho his son, his successor in the Realms of Castille, Toledo, Leon, and other places, being his eldest son than living; to which he giving a cold answer at first, having afterwards assembled the Estates in Segobia, he was by the King and the Estates consent declared and received as heir to the Crown after his Father's decease, Fernands' children being disinherited of their right, which fact was then excused and justified, because there was no law at that time which did bind the King, much less the Estates, to leave the Realm more to one son then to another: since which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Estates upon this difficulty, That the Children of the elder brother deceased, representing their father's person, should in that respect be preferred before the Uncle: Hereupon Queen Violant, and Blanch widow to Fernand were so much discontented with the Decree of the Estates, disinheriting the eldest brothers sons, as taking the young children with them, they departed out of Castille to Don Pedro King of Arragon; where Don Sancho caused his Nephews to be imprisoned, whom king Alphonso labouring under hand to get released, Don Sancho advertised hereof, made a league with the Moors of Granado, against his Father, and by assent of his confederates took upon him the Title of Regency of the Kingdom of Castille and other his Father's dominions, refusing the Title of King, during his Father's life time; who was forced to pawn his royal Crown and jewels to jacob Abin joseph a Moor, King of Morocco, who aided him willingly against Don Sancho. After which in an Assembly of the States at Cordova with the advice of the Noble men and knights of Castille thereupon sent, by a Decree pronounced by the mouth of Don Manuel, in the name of the whole Nobility, Alphonso was deprived of all his Realms, for murdering his brother Don Frederick, and burning Don Rues unjustly without any form of justice or orderly proceedings, the breach of the rights and privileges of the Nobility, and the excessive wasting of the treasure of the Realm. Upon this there arose bloody Warr●s between the Father and son; and in the year 1282. Alphonso was so vexed with his sons proceedings, that he pronounced in the presence of many men of rank both Clergy and Laity in the City of Sevill, The curse of God and his upon Don Sancho, a son, said he, disobedient, rebellious, and a parricide, declaring him uncapable and unworthy to reign, depriving him of his successions, inheritance, and discharging the subjects, as much as in him lay, from all oath and homage which they had done unto him. But these were but words which Don Sancho did not much esteem; enjoying his Father's kingdoms after his decease in Title, as he did before in act, and dying king of Custile, his h●ires succeeded him in that Realm, as lawful heirs thereunto. H●ero●. Blanca. Rer. Arragon. Com. p. ●60. Gen. Hist. of Spain, l. 12. ●. 419, 421, 422. Don Pedro the third, king of Arragon about the year 1283. had many controversies with his Nobles and knights who complained much of his sour disposition, and tyrannous manner of Government, insulting over the greatest, yea against his own blood, contrary to all Law and nature. Wherefore being ill entreated by him in their freedoms, whereof the Towns and Commonalties of his Countries did also complain, the Nobility, Knights and Gentry, for preservation of their Liberties made a Union together among themselves and with the people; promising and swearing to l●t the King and his son Don Alphonso (who was his Lieutenant General) understand, that if they did not contain themselves within the limits of the Laws of the Country, they would withdraw themselves from their obedience, and declare themselves enemies, and pursue them by arms that should seek to break them. The king hereupon called the Estates to Tarrasone, and afterwards to Saragossa, where he entreated, promised and did all what he could to break this Union: but he was forced to yield, and granted to the Arragonians the privilege they call General, whereby their Liberties which had been somewhat restrained, were again restored, the ancient manners of the Country, and customs of their ancestors put in practice. And moreover there were Laws made for their Kings, which they should be bound to obey; and for that they were in a mutiny in some places, by reason of certain Impositions laid upon salt, the traffic thereof was made free by the Estates. And the king refusing the judgement of the justice Maior of Arragon, deposing Pedro Martin's Artassone (who then exercised it) from his Office, the Estates soon after at an assembly at Zutaria, fortified it with stronger Laws, deeming the justice of Arragon to be a lawful judge, (whom the King himself could not displace) even in Cases commenced against the King; who being cited and not appearing, there were Decrees made against him in many instances. In the end the King confirmed the Decrees of the justice Maior, and whatsoever should be concluded by the Estates, the Deputies and Councillors having given their suffrages. I read in Rerum Arragonens. Comment. in Pet. 2. p. 650. Hieronimus Blanca, that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood, should so many ways be subverted, as than they were by King Pedro the first, raised up the Name and forces of a Union, that with one force, and the consent of all, one mind as it were being made out of all, they might more easily propulse so great injuries; but what was then done hereupon, is not recorded; But the two memorable Privileges of the Union under King Alphonso the third, are said to spring from thence. Don Alphonso Gen. Hist. of Spain, l, 13. p. 431. Hyeron. Blanca Arrag. Rerum Com. in Apph. 3. p. 661. 662. king of Arragon succeeding Pedro, Anno 1286. he was admonished by the Estates Ambassadors, to come speedily to the Assembly at Saragossa; where having sworn and promised the observation of the Customs, Rights and Privileges of the Country, and received the Oath of fealty from the Deputies, he might lawfully take upon him the Title of the King of Arragon; the which they said, he might not use before this Act and Ceremony, according to the ancient customs of Arragon. Upon these summons he came to the Assembly of the Estates to Saragossa, took the Oath aforesaid, after which he was Crowned: Which done there grew in this assembly a great contention, touching the reformation of the manors of Courtiers, and the ordering of the King's house; the Noblemen and Deputies of the Estates of Arragon maintaining; that the conusance thereof was incident to their charge; the King, and his household servants on the other side, denied, that there was either Law or custom which tied the King or his followers to any such subjection. In the end it was concluded, that the reformation of the Court should be made by twelve of the principal Families, the like number of Knights, four Deputies of Saragossa, and one of either of the other Cities, the which should give their voices in that case. This Vn●on of Arragon obtained likewise a Decree, that the King should have certain Councillors chosen, to wit, four of the chief Nobility, four Knights of noble and ancient races; four of his household servants, two Knights for the Realm of Valencia, two Citizens of Saragossa, and one of either of the other Cities (whom they particularly name) with a condition, that whilst the King should remain in Arragon, Ribagorca, or Valencia, two of those Noblemen, two of his servants, two Knights of Arragon, one of Valencia, and the four Deputies of the Realm of Arragon, should follow and reside in his Court, AS COUNCILLORS APPOINTED BY THE UNION; who protested by solemn Deputies sent to the King to that end, that if he did not receive, observe, and maintain those orders, THEY WOULD SEIZE UPON ALL HIS REVENVES, and on all the fees, Offices, and dignities of such Noblemen as should contradict them. Thus were the Kings of Arragon entreated in those times by their subjects, who entered into a Union between themselves, resolving, That for the common cause of liberty Non verbis solum, SED ARMIS CONTENDERE LICERET; that it was lawful for them to contend not only with words, BUT WITH ARMS TO; and determined in this assembly of the States, A Comitijs intempestive discedere REGI NEFAS ESSE, That it was unlawful (yea, a grand offence) for the king to depart unseasonably from his Parliament, before it was determined. Our present case. Gen. Hist. of Spain, l. 13. p. 436, 465. james the second of Arragon being in Sicily at the death of King Alph●nso, Don Pedro his brother assembled the Estates at Saragossa, to consult, left the State in his absence would receive some prejudice; where James arriving, having first 〈◊〉 and promised the observation of the Rights and Privileges of the Country, was received and crowned king. About the year 1320 james, by advice of his Estates held at Tarragone, made a perpetual Union of the Realms of Arragon and Valencia, and the Principality of Catelone, the which from that time should not for any occasion he disunited. In which assembly Don james eldest son to the Crown, being ready to marry Leonora of Castille, suddenly, by a strange affection, quitting both his wife and succession to the Realm of Arragon, told his Father, That he had made a ●ow neither to marry, nor to reign; so as notwithstanding all persuasions of the King and Noblemen. he quit his Birthright to his Brother Don Alphonso, after the example of Esau: discharged the Estates of the Oath they had made unto him, and presently put on the habit of the Knights of jerusalem; Whereupon his second brother, was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms, after the decease of his father. At this time the Authority of the justice of Arragon was so great, That it might both censure the King, and the Estates, and appoint them a place, and admit them that did assist, or reject them. Gen. Hist. of Spain, l. 13. p. 440, to 476. Ferdinand the fourth, king of Castille, being but a child when his father Sancho died, was in ward to his mother Queen Marry, his Protectress; he had two competitors to the Crown, Alphonso de la Cede, and Don john, who making a strong confederacy, were both crowned Kings, against right, by several parts of his Realm, which they shared between them. The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies, and procure a dispensation of Legitimation and marriage from the Pope, who would do nothing without great fees. After which he summoning an assembly of the Estates at M●dina, they refused to meet without the express command of the Queen Mother, who commanded them to assemble, and promised to be present, After this divers accords were made 'twixt him and his competitors; and at last calling an assembly of the Estates to assist him in his wars against the Moors; he soon after condemned two Knights, called Peter and john of Caravajal, without any great proofs, for a murder, and caused them to be cast down headlong from the top of the Rock of Martos; who professing their innocency at the execution, they adjourned the king to appear at the Tribunal Seat of Almighty God within thirty days after, to answer for their unjust deaths; who thereupon fell sick and died, leaving his son Alphonso the 12, very young; for whose Regency therebeing great competition, the inhabitants of Avila, and their Bishop resolved, not to give the possession and government of the King's person to any one, that was not appointed by the assembly of the Estates; Whereupon the Estates assembling at Palence, committed the government of his person to Q. Marry his Grandmother and Queen Constance his mother; who dying, another Assembly of the Estates was called at Burgos, Anno 1314. who decreed, that the Government of the King, and Regency of the Realm should be reduced all into one body betwixt Q Marry, Don Pedro, and Don john, and if any one of them should die, it should remain to the two other that did survive, and to one if two died. After this, Anno 1315. these Tutors and Governors of the Realm of Castille were required by the Estates in an Assembly at Carrion to give caution for their government, and to give an account what they had done. Who often jarring and crossing one another; divers Assemblies of Estates were oft called to accord them. Anno 1320. The Estates assembling, appointed new Governors of the King and Realm, who discharging their trust very lewdly and oppressing the People, Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet: in which the king did swear, to observe the fundamental Laws of the Realm, and to administer justice, maintaining every one in his Estates. goods and honour: Which done, the Deputies of the Estates swore him Fealty. Gen. Hist. of Spain, l. 13. & 14. pass●●. This King afterwards proving very cruel and tyrannical, his Nobles and Subjects of times successively took up defensive arms against him, his Tyranny augmenting their obstinacy, and procuring him still new troubles; Whereupon at last discerning his errors, he became more mild, and often assembled the Estates in Parliament, who gave him large Subsidies to maintain his wars against the Moors. Gen. Hist. of Spain, l. 14. p. 487, 488, 489. The Province of Alava had a custom to choose a Lord under the Sovereignty of Castille, who did govern and enjoy the revenues appointed by the Lords of the Country; for the election of whom they were accustomed to assemble in the Field of Arriaga; those of this Election being called Brethren, and the Assembly of the Brotherhood. Notwithstanding in the year 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles, which they beseeched him to confirm, promising for their part, that this should be their last Assembly, and that the name and effect of their Brotherhood should remain for ever extinct, and the Province be for ever united to the Crown of Castille, if he would confirm those Articles to them, being 17. in number, which he did. The chief were these, That the King nor his Successors should not alien any place of his Demesnes. That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore. That they and others of the Country should be governed according to the customs and rights of Soportilla; And that divers Towns and Villages therein specified should be free from all Tributes and Impositions. Gen. Hist. of Spain, l. 13. p. 455, 460, 472. About the year 1309. Mahumet King of Granado, becoming casually blind, was soon after deposed by his own Brother, and the great men of his Realm, who were discontented and disliked to be governed by a blind King, who could not lead them to the wars in p●rson. Which Kingdom went by Election commonly, as is evident by his three next successors, and Mahumet the sixth King of Granado. Gen. Hist. of Spain, l. 13. p. 452, 462, l. 14 p. 477, 778. Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone, where he swore, to observe the Laws and Rights of the Realm. After which, Anno 1315. Philip the long was elected by the Estates of Navarre to be their king in right of his wife, but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and swear to, before the solemnities of their Coronation, in the Estates assembled at Pampelone, which they yielded willingly unto; whereof the principal Articles were these: 1. First, to the Estates to maintain and keep the Rights, Laws, Customs, Liberties, and privileges of the Realm, both written and not written, whereof they were in possession, to them and their successors for ever, and not to diminish, but rather augment them. 2. That they should disannul all that had been done to the prejudice thereof by the kings their Predecessors, and by their Ministers, without delay, notwithstanding any Let. 3. That for the term of 12. years to come they should not coin any money, but such as was then currant within the Realm, and that during their lives they should not coin above one sort of money, and that they should distribute part of the revenues, profits and commodities of the Realm unto the Subjects. 4. That they should not receive into their service above four strangers, but should employ them of the Country. 5. That the Forts and Garrison of the Realm should be given unto Gentlemen borne and dwelling in the Country, and not to any stranger, who should do homage to the Queen, and promise for to hold them for her, and for the lawful Heir of the Country. 6. That they should not exchange, nor engage the Realm for any other Estate whatsoever. 7. That they should not sell nor engage any of the Revenues of the Crown, neither should make any Law nor Statute against the Realm, nor against them that should lawfully succeed therein. 8. That to the first son which God should give them, coming to the age of twenty years, they should leave the kingdom free and without factions, upon condition, that the Estates should pay unto them for their expenses an hundred thousand Sanchets, or other French money equivalent. 9 That if God gave them no children, in that case they should leave the Realm after them free, with the Forts, in the hands of the Estates, to invest them to whom of right it should belong. 10. That if they infringe these Articles or any part of them, the Subjects should be quit of their Oath of subjection which they ought them. These Articles being promised and sworn by the king and Queen, they were solemnly crowned, and the Deputies of the Estates, Noblemen and Officers of the Crown took their obedience to them. Gen. hist. of Spain, l. 14. p. 497, 498. Upon this agreement, all the Castles and places of strength in Navarre were put into the hands of the Estates, who committed them unto the custody of faithful knights, in whose keeping they continued; a Catalogue of which Castles with the names of the knights that guarded them, by the Estates appointment, in the year 1335. you may read at large in the General History of Spain. Before this Gen. hist. of Spain. l. 14. p. ●76. Anno 1328. the Estates of Navarre assembled at Puentala Reyna, to resolve without any respect, TO WHOM THE REALM OF NAVARRE BELONGED, whether to Edward king of England, or to jane Countess of Eureux. The Estates being adjourned to Pampelone, the chief Town of the Realm, their opinions were divers; many holding that king Edward should have the Realm, as grandchild (born of the daughter) to Queen jane, daughter to King Henry, rather than the Countess of Eureux, in regard of the Sex; others, with more reason, held for the Countess, who was in the same degree, but daughter to a Son, and Heir to Queen jane. These prevalled, drawing the rest to their opinion; whereupon the Countess was declared true and lawful Queen of Navarre, the Realm having been vacant above four Months. And until that she and Count Philip her husband should come and take possession of the Realm, they declared the Regent and Viceroy Don john Corberan of Leet, Standard bearer of the Realm, and john Martin's of Medrado. Lo here a Parliament of the Estates of Navarre, summoned by themselves, without a King, determining the Right of succession to the Crown, appointing a Vicegerent, and prescribing such an Oath and Articles to their king, as you heard before. Gen. Hist. of Spain, l. 14. p. 479. l. 15. p. 539. Anno 1331. king Philip of Navarre, to administer justice, erected a new Court of Parliament in Navarre, which was called New, to distinguish it from the old; HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE. Queen jane and Philip deceasing, their son Charles the second, surnamed the Bad, for his cruelty and ill manners, was called by the three Estates of Navarre to Pampelone, and there crowned in their Assembly after the manner of his Ancestors, swearing to observe the Laws and Liberties of the Country. A●ter which a far Which you may read at large, Gen. hist. of Spain, l. 17. p. 625. 626. stricter Oath was administered to Charles the 3, An. 1390. Gen. Hist. of Spain, l. 14. p. 480. Anno. 1325. In a general assembly of all the Estates of Arragon, Don Pedro son to the Infant Don Alphonso, was sworn presumptive Heir and Successor to the Crown, after the decease of his Grandfather and Father, the which was there decreed and practised, for that Don Pedro Earl of Ribagorca did maintain, that if his brother Don Alphonso should die before their Father, the Realm did belong to him by right of propriety, being the third brother, rather than to his Nephew the son of the second brother. In this Assembly the Articles of the general privileges were confirmed; and it was ordained for a Law, That no Freeman should be put to the Rack, and that confiscations should not be allowed, but in Cases of Coining and High Treason. Gen. Hist. of Spain, l. 14. p. 483, 484, 485, 486, 493, to 498, 504. Dr Beards Theatre of God's judgements. Mariana and others. Anno 1328. Alphonso King of Castille, treacherously murdering Don john the blind, his Kinsman, in his own Court, when he had invited him to dinner on all Saint's day, and then condemning him for a Traitor. confiscating his lands (a fact unseemly for a King, who should be the mirror of justice:) Hereupon Don john Manuel stood upon his Guard, fortified his Castles, revolted from the King for this his Treachery, allied himself with the Kings of Arragon and Granado, overran the Countries of C●stile, from Almanca unto P●gnafield; the Prior of Saint john's, Don Fernand Rodrigues, hereupon caused the Cities of Toro, Zamora, and Vailledolit, to rebel and shut their ga●es against the King; and many others likewise revolted from him: At last he was forced to call an Assembly of the Estates, who gave him Subsidies to aid him in his wars against the Moors) and to conclude a peace with Don Manuel and his other discontented Subjects; whom he afterwards spoiling of their lawful inheritances, and pursuing them in their honours and lives by Tyrannous cruelty, extending his outrageous disdain even to women of his own blood, he thereby so estranged most of his Princes and Nobles from him. that they revolted from him, and joined with Mahumet king of Granado, and the Moors in a war against him, which lasted three or four years, putting him to infinite troubl●, exations and expenses, enforcing him to make a dishonourable peace with the Moors, to release the Tribute which they paid him formerly; and after much mediation he concluded a Peace throughout all the Realm with his discontented Subjects. This Prince thinking to reign more securely, had taken a course of extreme severity, showing himself cruel and treacherous to his Nobility, whereby he was feared, but withal he lost the love and respect of his subjects, so as he was no sooner freed from one danger, but he fell into another worse than the first, his Nobles holding this for a Maxim, That a Tyrant being offended will at some time revenge himself, and therefore they must not trust him upon any reconciliation, who to pacify the troubles which had grown by his own error, had made no difficulty to sacrifice (upon the people's spleen) his own Minion's, degrading, and in the end murdering, condemning them as Traitors after their death, yea, the Princes of his own blood, taking their goods, estates, and depriving the lawful Heirs, seeking to reign over free men, and generous Spirits as over beasts entreating them as base and effeminate slaves, who might not speak their opinions freely in matters of State and Government, of which they were held dead members and without feeling. Whereupon D. Manuel and other Nobles, as men endued with understanding, reason, and not forgetting the nature of Alphonso, who was proud, a contemner of all laws, and treacherous, they proceeded so far as to withdraw themselves from his subjection by protestation and public act, and entered into a league with the King of Portugal, incensing him to take up Arms for their defence: Where upon King Alphonso having some feeling, that cruelty was too violent remedy for men that were Nobly borne, he sought by all mild and courreous means to divide them, and to draw some of them to his service, which he effected, and so more easily conquered, and reduced their companions. Gen. Hist. of Spain, l. 14. p. 506. An. 1337. was founded the Town of Alegria of Dulanci, in the Province of Alava, and many Villages thereabout, the which obtained from the King the privileges and Laws of the Realm, whereby the inhabitants should govern themselves, with liberty to choose their own judges. Gen. Hist. of Spain. l. 15. p. 532 to 576. Don Pedro the first, king of Castille, surnamed the cruel, most tyrannically murdering and poisoning divers of his Nobles and subjects without cause, banishing others, quitting Blanch his espoused wife within three days after his marriage, to enjoy the unchaste love of Doxna Maria de Paedilla, by whom he was enchanted, which much troubled the whole Court; divorcing himself without colour, by the advice only of two Bishops, without the Pope's assent, from Blanch, and marrying Jane of Castro in her life time; Hanging up divers Burgesses of Toledo causelessly, for taking the Queen's part too openly, and among others a Goldsmith's son, who offered to be hanged to save his father's life; causing his own brother Don Frederick, and divers Nobles else to be suddenly slain, Anno 1358. poisoning and murdering likewise divers Noble Ladies, among others Don Leonora his own Aunt: after which Anno 1360. he murdering two more of his own brethren, executing divers Clergy men, and Knights of Castille, banishing the Archbishop of Toledo, putting divers Jews (as Samuel Levy his High Treasurer, with his whole family) to death, to gain their Estates, and causing his own Queen Blanch to be poisoned, after she had long been kept prisoner by him. Anno 136●. Hereupon his cruelties, rapines and murders growing excessive, and the Pope's Legate denouncing him an utter Enemy to God and man, Henry Earl of Transtamara, his brother, with other Fugitives getting aid from the King of Navarre, entered Castille with an Army, where by the Nobles importunity he took upon him the title of King of Castille and Leon; which done, the whole Kingdom (long oppressed with D. Pedro his Tyranny) immediately revolted from him, so that in few days Henry found himself King of a mighty great Kingdom, almost without striking stroke, the people striving who should first receive him, such was their hatred to the Tyrant Pedro: who being doubtful what to do, fled with two and twenty Ships out of his Realm to Bayon, craving aid of the English to revest him in his Kingdom; mean time king Henry assembling the Estates at Burgon, they granted him the tenth penny of all the Merchandise they should ●ell in the Realm, to maintain the wars against Pedro; who getting aid from the English upon conditions, accompanied with the valiant Black See Mr. Seldens Titles of Honour, part 1 chap. 8. pag. 165. to 1●1. Prince of Wales, entered with a great Army into Spain, where the Prince writing to Henry, voluntarily to resign the Crown to Pedro his Brother, to avoid the effusion of Christian blood; he made answer, That he could not hearken to any accord with him, who had against the law of nature taken delight to murder so many of the blood Royal and other great personages of Castille, who had not respect of the Laws of the Country, and much less of God, falsifying his Oaths and promises, having no other rule in his actions, but his Tyrannous passions. Whereupon, battle being joined, Henry was conquered, and Pedro restored; But he discontenting the English and others, who had reseated him in his Kingdom, by his insolency and Tyranny, and the Biscaniers refusing to be under the command of strangers, whom they would never consent to be put in possession of their Country; and with all falling to his former cruelties, and courses contrary to the advice of his friends and Astrologers; he so estranged the hearts of all from him, that the English returning, and Henry receiving new forces from the French, entered Castille, suddenly, and conquered the Tyrant; who being betrayed into K●ng Henry his hands as he was taking his flight by night, King Henry stabbed him with dagger in the face, and at last getting him under him, slew him with his dagger for his excess and tyranny, Anno 1368. and reigned quietly in his steed. I might prosecute and draw down the Histories of all the Spanish Kings and Kingdoms from his days till this present, which are full fraught with precedents of this nature, ●o prove all the Kings of Spain inferior to their Kingdoms, Assemblies of the Estates, Laws, resistible, deprivable for their Tyrannies; but because those who desire satisfaction in this kind, may read the Histories themselves more largely in the general History of Spain, in joannis Pistorius, his Hispanie Illustratae, (where all their chief Historians are collected into several volumes:) and in Meteranus and Grimstons' Histories of the Netherlands: I shall for brevity sake pretermit them altogether, concluding with one or two brief observations more touching the Gothish and Arragonian Kings in Spain, which will give great light and confirmation to the premises. First, for the Ancient Kings of the Goths in Spain, Lib. 2. c. o● l. 4. c. 35. Aimoinius, De jure belli & pa● is, l. 1. c. 3. sect. 11. p. 58. and Hugo Grotius out of him, Vandal. 1. Grotius, ibid. confess; that they received the Kingdom from the people, revocable by them at any time; and that the people might depose them as often as they displeased them; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power: which the premised Histories experimentally evidence: such likewise were the Kings of the Vandals, removable at the people's pleasure as Procopius writes: such the Kings of the Precopius Goth. 2. Heruli, Excerpt. Dionis, & Gretius, De lure Belli. l. 1. c. 3. Ad notata sect. 11. p. 72. Quadi, jazyges, Paulus Wiarnafred l. 4. & 6. lombards, Ammiannus lib. 28. Loanicus Chalcochondyles Burgundians joan, Leo li. 7 Moldavians General History of Spain, l. 7. to 20. passim. Africans, the (l) Moores in Spain, the Solinus l. 1●. Groti●s de lure Belli l. c. 3. sect. 9 p. 57 two annual Kings of Carthage, the Tacitus de mor. GermGretius Ibid. Dionis. Hal l. 2. & ●. ancient German Kings the Kings of Sparta; and most other Kings of Greece, as Historians and Authors of best credit relate. Secondly, for the Kings of Arragon, and original constitution of the Kingdom, I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium Commentarius, pag. 586. 587. 590. & 72●. 724. in the third Tom. of joannis Pistorius his Hispaniae illustratae, Sancho the fourth King of Arragon dying without issue, the Estates and people advising together what course they should take for their security and future good administration of the Commonweal, about the year of our Lord, 842. elected twelve principal men to whom they committed the care and government of the Republic during the Inter-regnum. These because they were very ancient men, were called Elders, from whence those who by birth are styled Rici-men, drew their original; And this manner of governing the Commonwealth continued long; But the great incursions of the Arabians pressing them, they imagined it would not continue firm and stable: Yet notwithstanding, taken with the sweetness of Liberty, they feared to subject themselves to the Empire of one man; because verily they believed that servitude would proceed from thence. Therefore having considered and rightly pondered all things, and reasons, they made this the result of all their Counsels; that they should consult with Pope Adrian the second, and the Lombard's; what course they should take by their advice, which should be most meet for the perpetuating of the Empire: to whom, as reports go, they returned this answer. That preordaining certain Rights and Laws, retified with the previous religion of a cautionary oath, they should set up one King over them; but yet should reject a foreign Dominion; and that they should take heed, that he whom they adopted to be King, should be neither of the superiors, nor inferiors; left, if superior, he should oppress inferiors, or lest, if inferior, he should be derided by superiors; To which counsel and sentence they submitting, founded that ancient Suprarbian Court: For according to the answer given, all decreed, That they ought to elect one man excelling in virtue for their King; But yet, lest the pleasures of Kings, like as in other Princes, should likewise even among us become Laws, they first of all enacted some Laws by which they might heal this inconvenience. These Laws they afterward called the Suprarbian Court, which we should largely prosecute, but through the injury of time, the knowledge of them is buried, and some fragments of them only are extant, observed by Prince Charles himself, and some other Writers, which we shall verily remember; because they are as the first elements of our Republic, and contain in them, the institution of the Magistrate of the justice of Arragon, which is the chief thing of our institution; therefore in the beginning of that Court it was provided, that the King which should be, since the Kingdom, lately taken from the Moors, was freely and voluntarily conferred on him, should be bound both by the Religion of an Oath, as likewise by the force and power of Laws, to observe the Laws and Liberties of the Kingdom; Now the Laws were these,; Govern thou the Kingdom in peace and righteousness, and give us better Courts of justice. The things which shall be gained from the Moors, let them be divided not only between the Rich-men, but likewise between the soldiers and infantry; but let a stranger receive nothing from thence. Let it be unlawful (or a wicked act) for the King to enact Laws, unless it be by the advice of his Subjects first given. Let the King beware, that he begin no War, that he enter into no Peace, conclude no Truce, or handle any other thing of great moment, without the concurring assent of the Elders. Now lest that our Laws or Liberties should suffer any detriment, Let there be a certain middle judge at hand, to whom it may be lawful to appeal from the King, if he shall wrong any one, and who may repel injuries, if peradventure he shall offer any to the Commonweal. With these Laws therefore and sanctions, those our Ancestors confirmed the enterprise of new moulding and reforming the Commonwealth: But verily this was the chiefest garrison for to retain their liberty, whereby they ordained the Presidentship of a middle judge; placing the power in such sort in the King, that the temperating of it should be in the middle judge: out of which things, the moderate and musical state of the Commonweal which we enjoy, is moulded and made up. For from the very beginning of things even to these later times, we see by force of this intermediate Magistrate, and by the goodness and clemency of most peaceable Kings, that both our pristine liberty, and ancient Privilege hath been always retained, and due loyalty and reverence to the King's Majesty, observed: Neither hath the Kingdom only emplored the help of this Magistrate against Kings, but the Kings themselves ofttimes against the Kingdom; by which means, many intestine evils have been appeased without any tumult, which unless they had been civilly suppressed, seemed verily to have been likely to have broken out to the common destruction of all men; so as we may rightly affirm, that in this alone, the sum of preserving civil concord both to Kings and the Kingdom hath consisted. This Magistrate was at first called THE JUSTICE MAYOR; afterwards assuming the name of the Kingdom itself, it was called THE JUSTICE OF ARRAGON: By these (formentioned) prescribed Laws, the will of him who desired to be King of Arragon, was wholly to be directed and form; and unless he would first suffer his faith to be obliged in most strike bonds for keeping of them, any future soliciting was to be preposterous. Having therefore laid the foundations of their Country's liberty, all of them began to dispute among themselves about electing a King: to which end, they all assembled together at Arahvest to choose a King; where they were suddenly besieged by the Arabians: which junicus Arista King of the Pompelonians hearing of, came with an Army and rescued them; whereupon they elected him for their King with unanimous consent, and calling him unto them, showed him the Laws they had pre-established; on● whereof, concerning the middle Magistrate, seemed most hard unto him: But having more diligently considered the matter, and that they voluntarily offered him the Kingdom gained from the enemies; He not only ratified the Laws themselves, but likewise added this new Law, or privilege to them: Si contra foras aut libertates regnum a sepremi in suturum continger●●, alium sive sidelem, sive insid●lem Regem ad 〈◊〉 endum li●er ipsi Regno aditus, pa●●● et. That if the Kingdom should happen hereafter to be oppressed by him against the LAW, (justice) or Liberties, the Kingdom itself should have free liberty to elect another King, whether a Christian or an Infidel; which clause of an Infidel King, they refused to have bestowed on them, because they judged it shameful and dishonourable: After which junicus taking an oath to observe the former Laws, was advanced to the Throne and made King of Arragon about the year 868. Moreover, to establish all these Laws and Constitutions, our Ancestors themselves adjoined the accession of a public Union; ordaining, that it should be lawful and just for them, to meet all together, ET REGI OBSISTERE ARMIS ET VI, and to resist the King with arms and force, as oft as there should be need to propulse any assault of him or his, made against the Laws; which form of assembling together for the common cause of liberty, they called a Union, (or Association:) Neither did they anciently less think all their Liberties to be preserved by this Union, then humane bodies themselves are by nervs and bones. And although it were not prescribed in that Suprarbian Forum, yet they thought it deduced from the very beginnings of things, and deeply fixed and impressed in the sense of all men, and to be established by our common Law, as by another Law of Nature, and that its force was enough and more than sufficiently known and discerned by use and reason. For they said, it would be but a thing of little profit for them, to have good Laws enacted, and the very judiciary Presidentship of a middle judge, if when there should be need, AD EARUM DEFENSIONEM ARMA CAPERE NON LICERET, cum jam tunc satis non esset pugnare consilliis; it should not be lawful for them to take up Arms in their defence, when as then it would not be sufficient in such a case to fight with Counsels.; Neither verily did that seem altogether impertinent from the matter, for if it should be so, all things long ere this had been in the power of Kings themselves. Whence our people reputed these two privileges of the Union obtained from Alphonso the 3. (to wit, See joannis de Laet Hispan. Descr. p. c. 5. p. 107. That it shallbe lawful for the Estates of the Realm, i● the King shall violate the Laws of the Country, To create a new King in his place; and without the crime of Treason, to make confederacies among themselves, and with Neighbour Princes To defend their Liberty; which King Ferdinand, upon the petition of the Castilians, refused to revoke, because he had taken a solemn Oath to observe them.) not as new favours or benefits, but as things done out of Office, etc. Therefore in those ancient Rulers of which we treat, the Liberty of our Country was hedged about by our Ancestors with three most strong fences; namely, with the Pretecture of this middle judge, with the most ample power of the Rici-men (or Palatines) and with this most fierce force of the Union; of which the first seemed to be Legal and civil; the other domestical and of greatest moment; the last warlike and popular. Neither ought it then to be enclosed with a lesser hedge, that so we might rejoice, that it hath thereby come safe & sound to us now. But of these garrisons or fences the ancient inventors of them, and those who next succeeded them, conferred more assistance and labour upon the two last, namely the domestic and popular, then on that Court presidentship: For they would always retain in themselves a power of moderating and governing the most loose reins of the Royal Dignity, which they might restrain or enlarge as there was need. Pag. 664, 665, 667, 716, to 812. Therefore they assigned those 12 elders to him elected out of the greatest men, by whose Counsels the Kings ought to be hedged in on every side: the place of which Elders, the Rici-men afterwards possessed; who were the chief of our Nobles; who in times past were second to the Kings in such sort, that they might seem to be their Peers and Companions. These called that public union to the aid of Liberty, and out of them were chosen those who should always be the prime and principal conservators of it: for thus they called the precedents of the Union. Finally, they sustained on their necks all the Offices and burdens of peace and war, if not with the same power as the Kings, yet I may truly say with very little less; for the Rici-men, as long as they flourished, relying on the Forces of the Union, did always hover over the Royal Empire, and by the entire power of their offices, if the violence or assaults of Kings were unjust, did from inordinate reduce them into order, and as it were into a circle of Law and justice.. In which thing verily their grave censorious and domestical authority had sufficient right and moment with our ancient Kings, who were well mannered: but if peradventure they could not with their fitting counsels bridle the exulting royal Forces, they did constantly repel them from their necks with the force of the raised Union. Thus and much more this Spanish Author, in whom you may read at large the Power and Authority of the justice of Arragon, of the General Assembly of the Estates or Parliaments of that Kingdom, of their Rici men, Peers, Magistrates, Councillors, and in joannis de Laet. his Descrip●io Hispaniae, cap. 5. cite. joannis Mari. and De Rebus Hisp. l. 8. c. 1. & Gen. hist. of Spain, l. 17. p. 618.; To which l shall only add this most notable custom and ceremony used at the Coronation of the Kings of Arragon, recorded (q) by Quaest 3. p. 162, 163. by junius Brutus, (r) Franciscus Hotomanus, Francogal. c. 10. p. 75. 76. De jure Magist. in s●bditos, p. 282, 283. and others. The Arrogonians when as they create and crown their King in the Assembly of the Estates (or Parliament) of Arragon, to put the King in mind, that the Laws, the justice of Arragon, and Assembly of Estates are above him, act a kind of Play that he may remember it the better: they bring in a man on whom they impose the name of the justice of Arragon, whom by the common Decree of the people, they enact to be greater and more powerful than the King: to whom, sitting in an higher place, they make the King do homage; and then having created the King upon certain Laws and conditions, they speak unto him in these words, which show the Excellent and singular fortitude of that Nation in bridling their Kings: NOS QVI VALEMOS TANTO COME VOS, Y PODEMOS MAS QVE VOS, VOS ELEGIMOS REY, CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS: that is, We who are as great as you, and are able to do more than you, have chosen you King upon these and these conditions: Between you and us there is one greater in command than you; to wit, the justice of Arragon; Which Ceremony (lest the King should forget it) is every three years repeated in the General Assembly of the States of Arragon; which Assembly the King is bound by Law to assemble, it being a part of the very Law of Nations, which sacred Liberty of Parliaments, and Assemblies if any Kings by evil arts restrain or suppress, as violaters of the Law of Nations, and void of humane Society, they are no more to be reputed Kings, but Tyrants, as Hotoman hence determines.;;; I have now given you somewhat an over-large account of the two See Mr. Seldens Titles of Hon. par. 1. c. 8. sect. 6. p. 256. to 271. greatest and most absolute hereditary Kings in Christendom, France and Spain, and proved them to be inferior to their Laws, Parliaments, Kingdoms, People, out of their own Authors and Historians: in which points, if any desire further satisfaction, I shall advise them to read but junius Brutus his Vindiciae Contra Tyrannos, De jure Magistratus in ●ubditos, and Francisci Hotomani his Franco-Gallia; and Controvers. Illust. for France: ●oannis Mariana, de Rege & Regum Instit. l. 1. with his History of Spain, Hieronimus Blanca, Rerum Arragonensium Commentarius, joannis de Laet Hispaniae descrip. c. 5. & Vasquius, Contr. illust. for Spain, at their leisure, and then both their judgements and consciences will be abundantly satisfied herein. I shall now very cursorily run over other foreign Kings and Kingdoms of less power and Sovereignty with as much brevity as may be. For the Kings of Hungary, Bohemia, Poland, Denmark, Sweden, as they have been usually, and are at this day for the most part, not hereditary, but merely ellective by the Nobles and people; so their Laws, which they take an Oath inviolably to observe, and their Parliaments Nobles, people, are in Sovereign power and jurisdiction paramount them, as much almost (if not altogether) as the State of Venice is above their Duke, or the States of the Low Countries superior to the Prince of Orange; and may upon just occasion not only forcibly resist them with Arms, but likewise depose (if not adjudge them unto death) for their Tyranny, as Common-weal, l. 1. c. 10. l. 2 c. 5. john Bodin, the histories of Hungary, Poland, Bohemia, Denmark, Sweden, junius Brutus, De jure Magistratus in Subditos, Munster in his Cosmography, and those who have compiled the Republikes of these Realms attest; who further evidence, that most of these Realms have sometimes elected them Kings, other times only Dukes, and made their republikes, Principalitis, Dukedoms or Kingdoms at their pleasure. To give only some brief touches concerning these Realms and their Kings. Hungary. THe Kings of Hungary are merely elective by the States and Senators, in their Parliaments or assemblies of the Estates, without whom they can neither make Laws, impose Taxes, leavy War, nor conclude Peace; and the grand Officer of the Realm, to wit the great Palatine of Hungary (who hath the chief Command both in Peace and War and power to judge the King Himself in some cases) is elected only in and by their Parliaments, as the Rerum Vngarica ●um Scriptores, Nuholaus ●sthuansus de Rebus Vnga●ic. Hist. l. 6 p. 84, 85. Eodin. de Rep. l. 1. c 10. Bonsinius; Decades rerum Vngar carum, Munst. Co●mog. 4. c. 418, 19 Respu● & status Hungariae, An. 1634. De 〈◊〉 Migist. ● Subditos. Marginal Writers manifest at large. For their Realms and people's deportment towards their ill Kings (since they became Christians) when they have degenerated into Tyrants, and otherwise misdemeaned themselves; take this brief Epitome. Peter the second Christian King of Hungary, growing very insolent, Tyrannical, and lascivious, ravishing ma●ds, matron's; in the third year of his reign all the Nobles and people thereupon conspiring together, deposed and banished him the Realm, electing Alba in his place; who growing more insolent and Tyrannical than Peter, was in the third year of his reign slain in war, and Peter restored to the Crown: who proceeding in his tyrannies, sacrilege, and cruelty, he was the third year after his restitution, taken prisoner by his subjects, his eyes put out, and imprisoned till he dy●d. Solomon the fif● King of Hungary, was twice deposed and thrust out of his Kingdom, first by King Bela, next by King Gysa, elected Kings by the people's general consent and acclamation; after whose death the Hungarians refused to restore Solomon, and elected Ladislaus for their King; whereupon Solomon became an Hermit, and so died. Ladislaus dying, left two sons, Almus the younger, whom they elected King and Coloman the eldest, to whom Almus out of simplicity surrendered the Crown, because he was the elder brother, whom he would not deprive of his primogeniture; but repenting afterwards, by the instigation of some of his friends, he raised war against his brother: But the Hungarians to prevent a civil war●e and ●ffusion of blood, DE●REED that these two brethren should fight it out between them in a single duel, and he who conquered in the duel, they would repute their King; Which Combat Coloman being purblind, lame and crookbacked, refused; after which Coloman treacherously surprising his brother Almus, contrary to agreement, put out his and Bela his son's eyes, and thrust them into a Monastery. King Stephen the second son of Coloman, refusing to marry a wife, and following Harlots, the Barons and Nobles grieving at the desolation of the Kingdom, provided him a wife of a Noble family, and caused him to marry her. After which making a war to aid Duk-Bezin● john de T●wrocz. Hungar. Chron. c. 36. p. 71. without his Nobles consent in which Bezen was slain: the Nobles of Hungary assembling themselves together in Council, said: Why, and wherefore die we? if we shall claim the Dukedom, which of us will the King make Duke? therefore let it be decreed that none of us will assault the Castle, and sol●t us tell the King, Because he both all this without the Council of his Nobles: They did so, and added further, that if he would assault the Castle, he should do it alone; but w● (say they) will return unto Hungary and choose another King. Whereupon, By the Command of the Princes, the Heralds proclaimed in the Tents, That all the Hungarians should speedily return into Hungary: wherefore the King when he saw himself justly deserted of his subjects aid, returned into Hungary. Stephen the third coming to the Crown, did nothing without the Authority and advise of the Senate. Stephen the fourth son of Bela usurping the Crown, was soon after expelled the Kingdom. Emericus being elected King, was very likely to be deprived by the Nobles and people for his slothfulness, but that he appeased them with good words and promises. King Andrew going to jerusalem, his Queen, Elizabeth, in the mean time delivered the Wife of Banch●u a Nobleman, being very beautiful to her brother who doted on her, to be abused, which Bauchan hearing of, s●ew the Queen: the King upon his return examining this business, acquitted Bauchan, and judged her murder just, being for so lewd a fact. Ladislaus the fourth, giving himself to all effaeminacy, luxury, and Harlots, became odious to his Barons, Nobles, People, for which he was excommunicated by Firmanus the Pope's Legate, that he might live Christianly and Chastely; but he reforming not, was soon after (in the year 1290.) slain by the Cumans and his Kingdom infested with civil wars. Marry the daughter of K. Lewes, being received as Queen by the Hungarians for her father's merits, after his decease, being yet young, was married to Sigismond, who was admitted into partnership in the government of the Realm, and being governed by her mother and Nicholas de Gara, who persuaded them to carry a strict hand over the Nobles of the Realm, which they did: thereupon the Nobles seeing themselves despised, sent for Cha●rles King of Naples into Hungary; forced Mary and her Mother to resign their rights to the Crown, and crowned Charles King at Alba Regalis. When he was crowned the Bishop of Strigonium, according to the custom, demanded of the people thrice, with aloud voice; Whether if were their pleasure that Charles should be crowned King? who answered, Yes: which done he was crowned, and soon after murdered by the two Queen's treachery; Who were shortly after taken prisoners by john de Hornach, governor of Croatia●; the Queen Mother Elizabeth drowned, Queen Mary kept prisoner, and at last released upon oath given, not to revenge her Mother's death: who contrary to her oath caused Hornach, and 32. Nobles more to be beheaded by Sigismond her husband, whose kind●ed and children thereupon conspired against King Sigismond, took and detained him prisoner Anno. 1401. till they should proceeds further against him, and in the mean time the Nobles of Hungary elected Ladislaus King of Apulia for their King, and at last deposed Sigismond for his misgovernment, cruelty, love of women. After See Grimstons Imperial History, p. 606 Chytraeus Chron. Saxoniae. Sigismonds' death, the Nobles and people were divided in the choice of their King; one part electing and crowning Vladislaus King of Poland, the other party Ladislaus an infant, for their King: but Vladislaus his party prevailing, he was not long after ●laine in a battle against the Turks; and the government of the Realm committed to that Noble Soldier Huniades, during the Minority of Ladislaus, who at his ripe age, was received and declared King by all the Hungarians. Ladislaus deceasing, the Hungarians elected the Emperor Frederick King, who delaying to come and take the election, they thereupon chose Mathias King, who enjoyed the dignity, notwithstanding the Emperor's opposition. Anno. 1608. Mathias King of Hungary denied the Protestants in Grimston Imp. Hist. p. 730. 731. Austria free exercise of their Religion, they thereupon were forced to take up Arms, and assembling together at Honne made a Protestation, and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league: after which they obtained a peace, and part of what they demanded. Grim. p. 739. Anno 1613. In an Assembly of the Estates of Hungary, the differences concerning the defence and Militia in the borders of Hungary against the Turk were ordered and settled. And Grim. p. 748. An. 1618. After many slow proceedings, they elected Ferdinand of Bohemia for their King of Hungary; but with these conditions, That he should Religiously observe, and cause to be immovably observed all the Liberties, Immunities, Privileges, Statutes, Rights and Customs of the Kingdom, with the Conclusions and Treaties of Vienna, and all the Articles comprehended therein, and all other concluded both before and after the Coronation of the Emperor's Majesty, in the years 1608. and 1609. Which Articles being ratified by the Emperor under his Letters Patents, they proceeded to the Coronation, according to the accustomed manner. Such is the Sovereign power of the States of Hungary to this very day. And in one word, so odious were Saxagranuma ticus Danicae Hist. l. 8. p. 140. Tyrants anciently to the Slavonians and Hungarians, that by a public Law of their Ancestors, he who slew a Tyrannical King, was to succeed him in the Kingdom. Bohemia. For the Kings and Kingdom of Bohemia, M. Paulus Stranskins in his Respublica Bo●emiae. c. 5. & 12. informs us out of the Fundamental Laws of Bohemiae See Bartholdus Pontanus Bohemiae piae l. 5. 6. & Pauli Geschinii Majeas. Carolina. That the power of the Kings of Bohemia. who are Elected by the general Votes of the States, is so far restrained in that Realm, that they can determine nothing concerning the Kingdom or great Affairs of the Realm, but in their Parliaments, or general Assemblies of the Estates, by the general consent of the people; which are Summoned by the king himself and held (just like our Parliaments) in the king's Regency, and during the Interregnum by the Senate of the Realm, as often as there is occasion; there being this cla●se in the Writ of Summons; That whether all those who, are summoned come at the day or not, the king with those who appear, will proceed to decree w●at shall be just and b●neficall for the Republic, and that those who neglect to appear shall be bound thereby; all Laws and Acts are therein passed by public consent. The King cannot alien or mortgage any of the Crown Lands, nor release not diminish the revenue● & Liberties of the Realm, nor promote any strangers to the custodies of Castles or public functions; impose no Taxes, charges; nor altar the ancient manner of the Militia of the Realm, nor make war or peace, without the Parliaments advise and consent And Pauli Stransbii. Respub. Bohemioe c. 5. Sect. 14. 15. p. 174. 175. 178. 179. before the king is Crowned, the Burgrave and Nobles, in the Name of all the Realm, demand of him to confirm and ratify both with his especial Charter, and public Oath, the Ancient and laudable Privileges, Immunities, Liberties, Rights, Laws, Customs, and Institutions, as well private as public, of all and singular the inhabitants of the Realm, and to govern them according to the rule of the Laws after the example of his predecessors kings of Bohemi●. Which done, he seals and delivers them a special Charter, takes such a solemn Oath, and then is Crowned upon these Conditions. The Munst. Cos●● l. 1. 3. c. 492. 499. Burcholdus Pontanus Bohemiae Piae. l. 1. 2. Archbishop of Prague after the Litany ended, demands of the king, kneeling on his knees: Wilt thou keep the holy faith delivered to thee from Catholiok men and observe it in just works? He answering, I will: He proccedes, and saith: With thou Govern and defend the Kingdom granted thee from God, according to the justice of thy Fathers? He answers, I will; and by God's Assistance promise that I will do and performed it by all means. After this kneeling on his knees, the Archbishop holding the New Testament open, and the Burgrave reading the words first; the king takes this Oath in the Bohemian tongue We swear to God (the mother of God and all Saints) upon this holy Gospel, that we will and aught to keep immovably to the Barons, Knights, and Nobles, also to those of Prague and the other Cities and to all the Comm●nalty of the Realm of Bohemia, the Institutions, Laws, Privileges, Exemptions, Liberties, and Rights, and also the ancient, good and laudable customs of the Realm; and not to alienate or mortgage any thing from the same Kingdom of Bohemia, but rather to our power to augment and enlarge it; and to ●oe all things which may be good and honourable to that Kingdom: So help me God (touching the book with two of the fingers of his right hand) and all Saints. (The Kings of Navarre take the like Oath.) Gen. Hist. of Spain. l. 17. p. 6●6. How Paulus StransR●pub. Bohem. c. ●. de Principibus Regibusque 〈◊〉 this Realm hath been altered from a Principality to a Dukedom, and from it again to a Kingdom, having sometimes Kings, sometimes Dukes, both elected by the free choice of the Estates, to whom they were inferior in Sovereign power, accountable for their ●●is-government, and removable from their Throne: you may read in the Mu●●ter pontanus quis. marginal Authors. Not to mention the Bohemians deposition of Libussa a Noble Virago, who governed then for a season, reputing it a dishonour to the Nation to be ruled by a woman, and electing Przemys●●s for their Prince; their deposition and banishment of Prince Borzinogius, because he become a Christian, and renounced their Pagan Religion, though they afterwards twice restored him: Of Boleslaus Rufus 〈◊〉 Borzinogius the 2. thrice deposed banished by the Nobles and people, or ●obeislaus, and other Princes. Wladislaus first King of Bohemia in his old age, by the assent of the Estates associated his son Fred●rick (Anno 1173) with him in the Regality Henry King of Bohemia using the Council of the Germans rather than the Bohemians, and looking more after his own private gain then the Kingdoms, was deposed in a general Assembly ●f the Estates Anno 1310. and the son of the Emperor Henry the 7th. chosen King, upon this condition, if he would marry the youngest daughter of King Wenceslaus. King Wenceslaus the drunken, for his drunkenness, negligence and cruelty, was twice imprisoned and severely handled by his Nobles, and upon promise of amendment, restored to his liberty and dignity: in his and Sigismond his successors reigns See Aeneas Silvius Hist. Bohem. Fox Acts and Monuments vol. 1. p. 848. to 852. Pontanus Bohemiae piae, l. 1. 2. Zizca and the Taborites in defence of their Religion against the Popish party, who most unjustly against their promise and safe conduct, caused john Hus, and Jerome of Prague to be put to death, waged great wars and obtained many victories against the King and Emperor, and gained free liberty of professing their religion publicly much against the Pope's good will; which liberty they have ever since maintained by the sword, both against the Popish Emperors and Kings, by means of which civil wars, the kingdom suffered some Interregnums. During the Minority of king ᶜ Ladislaus, Anno 1439. this kingdom was governed by two Precedents, appointed by the Estates. Grimstons' Imperial Hist. p. 735. Anno 1611. the Emperor Rodulph being willing to settle the kingdom of Bohemia on his Brother Mathias in an assembly of the States of Bohemia called for that purpose, the Estates thereupon drew many Articles which Mathias was to swear to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redress: and the inhabitants of Pragne required the confirmation of 8. Articles which concerned the private Government of their City: All which the Emperor and Mathias were constrained to Grant and swear to, before they would admit Mathias to be their King; who had nothing in a manner but the Title, some of the flowers of the liberty of the Crown, being parted with by his assenting the these. Articles. Grimstons' Imperial Hist. p. 744. 745. Anno 1617. Mathias resigning the Crown of Bohemia, and renouncing his right thereunto, recommended Ferdinand Archduke of Austria, to them or his successor. The States would not admit him king but upon Conditions, the which if he should infringe, The States should not be bound to yield him Obedience. Moreover it was added, That he should confirm: to the States before his Coronation, to maintain all the Privileges, Charters, Immunities, Municipal Rights, Constitutions and Customs, of the Realm, and people, as the Emperor and his predecessors had done, by his Oath, and Charter in Writing. All which assented to, he was proclaimed and crowned king. Soon after the Archbishop of Pragu● causing some of the Protestant Churches to be ruined, and those who complained of it to be put in prison; and plotting the extirpation of the Protestand Religion, through the I●su●tes instigation, contrary to their Liberties and the Provincial constitution; hereupon the Protestant States of Bohemia assembled at Prague, fortified the Town, binding the three Towns of Prague to them by an Oath; entered into a solemn League, promising to fight against the Common enemies of God, the King and Religion, and in that cause to live and die: to which end they levied a great Army; banishing the J●suites out of Bohemi●, as the Authors of all the miseries which had happened in that Realm, and many other Realms and States of Christendom, and inciting murderes to kill Kings who would not live after their manner, and meddling with affairs of State, and who had drawn the whole Country into the hands of certain perfidious Catholics, by whose practices the Country was in danger of ruin. For which causes they banished them for ever out of the Realm of Bohemia, enjoying them to depart within 8. days, never to return. After this, the Protestants hearing that the Emperor and 〈◊〉 party raised Forces against them, possessed themselves of many Towns and places within the Realm, and raised two Armies; All the Protestant Princes and States of Germany, Moravia and S●lesia (except the Elector of Saxony) assisted them with men, money or Council, publishing a Declaration to justify their action, being for the Common cause of Religion, then endangered. The Prince of Oranges and States of the united Provinces promised them assistance of men and money, other Protestant Princes and the Protestant States of Lower Austria, did the like. The Protestant Armies after this had many victorious encounters with the Imperialists and Popish Forces, and took many Towns. King Ferdinand in the mean time, being newly chosen Emperor, the States of Bohemia being assembled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and protested by Oath, never to acknowledge Ferdina●d for their King who had violated his first Covenants; resolving to proceed to a new Election; and on the 26. of August Elected Frederick the Prince Elector Palatine of Rhine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand, their Election of Frederick, and his Title to be just and lawful, with their precedent and subsequent wars in defence of Religion. Yea Frederick himself by sundry Declarations maintained his own Title: and the lawfulness of these wars; which passages and proceedings being yet fresh in memory, and at large related by Grimston in his Page 745. to 250. Imperial History, I shall forbear to mention them. By this brief account, you may easily discern the Sovereign power of the Realm and States of Bohemia over their kings and Princes, most of the Pauli Strankii Resp. Bohem. c. 10. 13. 14, 15. great Offices of which Realm are hereditary, and not disposable by the king, but States who Elect their Kings themselves, and their greatest Officer; too. Polan●. For the Kings and Kingdom of Poland. Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, See Munst. Cosmog. l. 4. c. 2. 4. 5. informs us; that the Princes and Dukes of Poland, before it was advanced unto a Kingdom, and the Kings of it ever since it became a Realm, were always, elected by the chiefest Nobles and States, unanimous suffrages; That after the Kings of Poland, became Christians, their power began to be more restrained than it was at first, the Clergy being wholly exempt from their royal jurisdiction: That the king cannot judge of the life or fame of a knight (unless in some special cases) without it be in the assembly of the Estates with the Senate, not yet publicly make War or Peace, with any, nor impose Taxes or Tributes or new Customs, nor alienate any of the goods of the Realm, nor yet do or decree any greater thing pertaining to the Commonwealth without the Senates or Parliaments assent. Neither can he make new Laws, nor publicly command money in an extraordinary manner, nor coin money, nor nominate a Successor not with the Senate, without the consent of the Nobility, whether of Knights or gentlemen's Orders; By, or out of whom all public Magistrates and Senators almost are chosen: so as now the sum or chiefest power of the Republic is residing in them. So that the Kingdom and Republic of the Polonians doth not much differ in reason from, that of the Lecedae ●onians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he shall reign according to the Laws and institutes of his Predecessors; and will safely conserve to every order and man his right, privilege, and benefit, confirmed by former Kings; nor will he diminish any of the borders or goods of the Realm, but will according to his power recover those that are lost from others: After all which the Senate swear fealty to him, etc. The Revenues, Tributes, and Customs of the king are all reduced to a certainty; the Nobles & Clergy are exempted from Taxes. The King by the Laws of King Alexander, is prohibed to alien to any one the Lands of the Crown. No new Laws can be made, nor old ones repealed but by the king, Senate and Nobles assembled in Parliament. And because there is wont to be in highest power, a slippery and ready degree to Tyranny, certain Senators and Counsellors are adjoined to the King, who may direct his Counsels And Actions to the safety of the Commonwealth, and his judgements according to the Rule of justice and equity, and with their wholesome monitions and Counsels, may as there shall be occasion, as it were with certain living Laws, both inform his mind and moderate his power. This Royal Sena●e, much greater now then in times past, consists of a certain number of men, w●ich we call the Senators or Counsellors of the REALM; who are not admitted to the Council without an Oath: and this Office is perpetual during life, having certain Honours and Magistracies thereto annexed, partly Ecclesiastical, partly Civil; It consists of 96. persons in all, some of them Bishops, others Palatines, Knights, Castellanes, and other Officers of the Realm. The Chancellor of the Realm may s●gne many things without the King's Privity, and may deny to seal those things which are contrary to Law, though the king command them. Most of the great Officers and Magistrates are chosen in Parliament, and cannot be displaced but in Parliament, and that for some great offence. Their Parliaments or General Assemblies of the States are held (much like ours) once every year at least, and some times every fifth or sixth month, if there be occasion; and then they are kept constantly at one place, to wit at Pet●icow, or Warsavia in the midst of the Kingdom, unless it be upon some extraordinary just occasion, and then the king by advice of this Council may summon the Parliament at another place. It is provided by a Law within these 20 years; That it shall not be lawful to the King to make a war without the assent of his Parliament and Great Council; and that the Nobles as oft as there is occasion, shall at their own costs without wages defend the borders of the Realm, yet not without the King, unless it be during the Interregnum; but they may not be compelled to go out of the Realm to any Foreign war without wages: the Soldier's wages are reduced to a certainty, and asseased by public consent in Parliament, which Orders all Military and Civil Affairs.; So Cromerus. For their carriage towards their ill Kings, I shall give you only a short account. Munst. Cosm. l. 4. c. 7. 1●. Martinus Chrom●us de Rebus Polonorum. Heylins' Geog. p 378 Gaguinus Chytraeus, and others. Miesco their second King, being unfit to govern, a man given wholly to his belly, ease, sleep, pleasure, and governed by his Queen, thereupon most of his subjects revolted from him; and he dying the Polonians at first for many years, refused to choose Cazimirus his Son King lest he should follow his father's steps; till at last after a long Interregnum, when he had turned Monk, they elected him King. Bolestaus his son, a man of a dissolute life, given to lust, and the pest of the Realm, was excommunicated by the Bishop of Cracow for his wickedness; for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crown, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realm into Hungary, where he became mad and died. My●zlaus the 10. King of Poland, exercising tyranny every where upon his people by reason of his power and allies, was deposed by his subjects, and Cazimirus elected King in his stead; He was three or four times deposed and put by the Crown; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slain by his Nobles; and Vladisiaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to promise; the Nobles hereupon assembling together An. 1300. abrogated his election, as pernicious, and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature, David Chytraeus, Chron. Sax. l. 23. p. 690. 693. 694. 695. 695. 696. Grimstens' Imperial history. p. 694. 695. King Henry the third of Poland was elected and sworn King upon conditions Which he was to perform Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crown of France, within 3. months after his Coronation in Poland: the Polonians sent Messergers after him to Ferrara, june 16. 1574. who denounced to him, that unless he returned into Poland, before the 12 of May following, they would depose him, and elect another King: Which he neglecting, they in a general assembly of the Estates at Wa●sa●ia, deprived him of the Crown, and elected a new King: the Chancellor and greatest part of the Counsellors elected Maximilian the Empero●r; Some others, with the greater part of the Nobility, desiring to have one of the Polish blood, elected Anne sister of their deceased King Sigismond, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperor making marry delays, Stephen in the mean time enters Poland, marrieth Anne, and is crowned King by general consent, Febr●ary 8. 1576. who took this memorable Coronation Oath prescribed to him by the Nobles. I Stephen by the grace of God elected King of Poland, great Duke of Lithuania, etc. promise and sacredly swear to Almighty God, upon these holy Evangelists of jesus Christ, that I will hold, observe, deford and fulfil in all conditions, articles, and points therein expressed, all Rights, Liberties, Securitus, pri●●●●dges public and private, not contrary to the common Law, and Liberties of both Nations, justly and lawfully given and granted to the Ecclesiastickes and s●culars, Churches, Princes, Barons, Nobles, Citizens, in h●bita●ts, and any other persons of what state and condition so ever by my go●ly Predecessors, Kings, Princes or Lords of the Kingdom of Poland, and of the great Dukedom of Lithuania, especially by Casim●r, Lewis the great, called Joys, Vladislaus the first, called jagiello and his brother Withold great Duke of Lithuania, Vladislaus the 2. Casimyrth. 3. john Albert, Alexander, Sigism●nd the first, and 2. Augustus, and Henry Kings of Poland and great Dukes of Lathuania; or derived and granted from them, together with the Laws enacted, and established or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintain peace and tranquillity between those who differ about Religion; neither by any means, either by Our jurisdiction, or by any authority o● Our Officers or states, permit any to be troubled or oppressed, neither will we ourself injure or oppress any by reason of Religion. All things any way whatsoever unlawfully alienated, or distracted, either by war●e or any other means, from the Kingdom of Poland, the great Dukedom and their dominions, I will reunite to the propriety of the said Kingdom of Poland, and great Duchy of Lithuania. I wil● not diminish the lands of the Kingdom and great Dukedom, but defend and enlarge them. I will administer justice to all the inhabitants of our Kingdom, and execute the public Laws constituted in all my Dominions, without all delays and prorogations, having no respect of any persons whatsoever. And if I shall violate my Oath in any thing (which God forbid) the Inhabitants of my Realm, and of all my Dominions of what Nation soever, shall not be bound to yield me any Obedience: Yea, I do Ipso facto free them from all Faith and Obedience which then owe unto me as King. I will demand no absolution from this my Oath of any one, neither will I receive any, which shall be voluntarily offered, So help me God. To this notable Oath (an unanswerable evidence of the States of Poland's absolute Sovereignty over their Kings) this King within 4. days after his Coronation, added a confirmation of their Privileges, containing the same heads, enlarged with a few more words; which he confirmed with his solemn deed and Royal Seal, and delivered the same to the Chancellor, and Vicechancellor of the Realm to give out Copies of them, under the great Seal to all the States of the Realm; who meeting ˢ afterwards in a Parliaments, at Wansavia, Anno. 1562; there was much debate about settling of the Premises, and nothing concluded. Chytraeus Chron. Sax. l. 25. p. 765. 766. l. 27. p. 809. 810. & l. 28. 29. etc. p. 948. 949. Anno 1587., the States of Poland questioned and opposed K. Stephen, Chytraeus Chron sax l. l. 28. 29, 30. Grimst. Imp. Hist. p. 698. 699. for violating their Privileges, and those of Riga took up arms in defence of them; refusing after his death to repair to the Assembly of the States at Warsavia, Anno 1587. unless their Privileges might be preserved and rectified, as you may read at large in Chytr●us. King Stephen dying the Estates of Poland, and Lithua●ia, assembled at Warsavia, Anno 1587. where they made Laws for preserving the Peace during the Inter regnum; and enacted, that no new King should be elected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practices about the election of a new King, should be reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismond the King of Swethland his Son, both of them upon express articles and conditions, which they both sealed and swore unto, the chief whereof were these; To preserve all their Rights, Laws, Privileges, and Immunities public or private, inviolably, To keep all former Leagues and Truces; To bestow no Offices upon strangers nor harbour any about them, (except some few Private servants) but natives only, and to be counselled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their Own costs for the Kingdom's preservation; To redress all grievances, maintain the Privileges, Rights and Peace of those who differed in Religion; To procure and augment the weal, peace, Privileges and safety of the Realm; and perform all Articles mentioned in the Oaths of King Henry and Stephen; In fine, this competition coming to be determined by the sword: Maximilian was taken prisoner by Sigismond, and forced to release his right to obtain his liberty:; And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning War, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditional Oaths at their Coronations, as Steven did at his. Denmark. For the Kings of Denmark, I have Part 4. p. 1. 2. Henrisus Ranzovius, Commenr. Bellicut. l. 1. c. 3. formerly proved, That they can make no War, Peace, Laws, nor lay any impositions on their subjects, but by common consent of the Estates in Parliament; their Kings being elective by the people, and crowned Kings upon such conditions, Oaths, Articles, as their States, (in whom the Sovereign power resides,) shall prescribe unto them; who as Common-weal. l. 1. 4. 10. l. 2. c. 5. Bodin clearly determines, have a lawful power to question, censure, and depose them for their Tyranny and misgovernment, they having no greater Authority than the Kings of Bohemia or Poland. To run over the Histories of all their ill Kings would be overtedious, for which you may peruse Danicae. Hist. Chytr: Chron: Saxoniae. Munsteri Cosmogr. l. 4. c. 8, 9, 10, to 19 johannis Magnus, Hermoldi Chron. Slav●rum, 10, 1 sac. Pontanus Rerum Danicorum, Hist. Saxogrammaticus & others; I shall give you a brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment. Not to mention the murders of Canutus in jutland in the very Church, or of Magnus or Nicholas, slain by their subjects; King Humblus was deprived of his Crown: and king Harold deposed by his subjects for his insolency. Suano waxing proud, Tyrannous and oppressive to his people, became so odious to them, that his Nobles adjoined Canutus and Waldemar to him in the royal government, and divided the kingdom between them; who thereupon being much displeased, slew Canutus and wounded Waldemar, being impatient of any Peers in government; for which being soon after vaquished by Waldemar, he was beheaded by the people. Able slaying and beheading his brother king Ericus, and usurping his Crown, the people rose up in arms against him, took him prisoner, and the Peasants in Frisia slew him. King Christopher spo●ling Waldemar of his Dukedorn of Schleswick, thereupon the Earls of Holsatia rose up in arm●● against him, took him prisoner, and detained him so at Hamburgh, till he paid a great ransom for his liberty. King Ericus was slain by his own servants, Anno 1286. king Waldemar was expelled the Realm by his Subjects, and afterwards restored upon his friend's mediation; who not long after denying Merchants their ancient liberties in the Realm, the maritine Cities conspiring against him, entered Denmark with a great Army, expelled him the Realm, took his Castle of Coppenhagen, and had the land of Scania assigned to them for 16. years, by the Nobles, in recompense of their damages sustained. Ericus seeing his subject's ●very where rise up in Arms against him, sailed into Poland, An. 1438. and deserted ●is Kingdom and Sovereignty, the people denying him liberty to name a Successor, and electing Christopher Duke of 〈◊〉 for their king. After whom, they elected 〈◊〉 the first king, against whom the Sweeds rebelling for want of 〈◊〉 of justice, and the oppression of his Officers, vanquished Christiern 〈◊〉 and 〈◊〉 up a new king of their own, named Charles', who An. 1455. abandoned the Royalty; the Swedes after that would neither create any new king, nor obey Christian, nor yet King john who succeeded him, whose Queen they took and detained prisoner two years, and maintained war against him. Chytr. Chr. Sax●l. ●0. 13 p, 30▪ to 312, 387 388, 389. O●aus Magnus, lib. 7. c. 8. p. 229. De ●ure Magist in Sub p. 2●5. ●ucanon de ●ure Regni apud S●otos Dr B●ards Theatre of God's ludgements. l. 2. c. 10. p. 454, 455. Christian the second, King of Denmark, was thrust out of his kingdom for his Tyranny, and breach of his subjects Privileges: which he endeavouring to regain, was taken prisoner by his Uncle Frederick Duke of Scleswick and Holstein, and committed prisoner to Sunderburge in Holsatia, where he died in chains: Frederick was elected king in his place, (upon certain Articles and conditions which he was sworn unto before his Coronation) in a general assembly of the States held at Hafnia, An. 1524. in and by which assembly Christian was solemnly deposed, and a Declaration made, printed and published in the name of all the States of Denmark, wherein they express the cause why they renounced their faith and obedience to Christian, sworn unto him upon certain conditions which he had broken, and elected Frederick: Which Declaration because it is not common perchance to every ordinary Shollar, and contains many things touching the frame and liberty of the kingdom of Denmark, the Articles to which the kings do usual swear at their Coronations, and the Tyrannnies of Christian, for which he was deprived. I shall here insert, as I find it recorded in Chron, Sax. l, 10, p, 303, to 312. David Chytraeus. OMnibus Christianis Regnis, principatibus, regionibus & populis, notum est, in orbe Christiano, celebre regnum DANIAE situm esse, quod non secus ac caetera regna, plurimis jam seculis, Regia sua praeeminentia, dignitate, ornamentis & libertate praeditum fuerit, & adhuc sit; ita quidem ut Regnum Daniae, ejusque legitimè electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint. Omnibus quoque temporibus, Archiepiscopis, Episcopis, Dynastis, praelatis & nobilitati liberrimum fuit, regem, & Dominum aliquem suo judicio & arbitrio designare, & in communem regni & Patriae consolationem & salutem eligere, cujus gubernatione, exemplo, & ductu regnum supradictum, Christianis statutis & ordinationibus, secundum leges suas scriptas & antiquas consuetudines vigere, miseri & oppressi subditisublevari, viduae & pupilli defendi possent. Qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactusest. Etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitum potentissimi Regis quondam Daniae Iohannis laudatae memoriae projure nostro, secundum antiquam, & multis seculis continuatam regni Danici libertatem, regem aliquempro arbitrio nostro designare & eligere: tamen virtute, justicia, magnanimitate, bonitate & beneficientia, eorum Daniae regum, qui ex Holsatorum prosapia originem duxerant, moti; & bona spe freti for● utrex Christiernus è vestigus regiis avisui Regis Christierni, & R. johannis patris sui non excederet: sed potius ad eorum similitudinem & exemplum, gubernationem suam in●●itueret: supra-dictum R. Christiernum, II. vivo adhuc patre Iohanne in Regem & Dominum totius Daniae designavimus & elegimus. Quo quidem ipso tempore celfitudo ipsius solemni JURAMENTO▪ verbis conceptis, & Deo sanctisque testibus citatis, praestito, Archiepis. Episcopis, Dynastis, praelatis, equitibus, civitatibus & populo regni Danici se devinxit & obligavit, cujus juramenti inter alia haec quoque capita expressa fuerunt: Debemus ante omnia Deum diligere & colere, & sanctam ecclesiam defendere & amplificare. Omnia Episcoporum, Praelatorum & ministrorum status ecclesiastici privilegia, à S. Ecclesia & regibus Christianis ipsis concessa, inviolat● conservare. Archi●piscopos quoque, L●ndensem et 〈◊〉 Ni●rofiensem, et praeterea Episcopos, praelatos, Equites auratos, & alios ordinis Equestris, Regni Proceres & Consiliarios, convenienti observantia & honore, pro cujusque conditione & statu prosequi● Si qua nobis controversia sit ●um Archiepiscopis, Episcopis, aut praelatis S. Ecclesiae, eorumque ministris, in locis convenientibus, nimirum coram senatu regni, cognosci & transigi oportebit. Si qua nobis ipsis, aut praefectis nostris, controversia, ●ùm aliquo ex nobilitate, sive is senator regnisit, sive non, incidet; eum coram universo regni senatu, hoc nomine compellare debemus, sive ea controversia sit defundis, sive de aliis quibuscunque bonis aut negotiis. Et sicuti tenemur unumquemque juvare, ut jus suum consequatur; Ita nos ipsi quoque obnox●i esse debemus, unicuique coram senatu Regni nos accusanti comparere, & ad ipsius postulata usitato Iudicio●um more respondere, & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit, idipsum exequi, neque hujusmodi legitimas accusationes aut postulationes iuclementi animo fe●re. Debemus etiam sine ullo praejudicio, gratia, aut muneribus, ex aequo, tam pauperi quam diviti, tam hospiti quam indigenae, jus dicere & administrare. Nullum etiam bellum incipere, aut externum militem in regnum introducere debemus, commnni senatu Regni non praesciente & consentiente. Literis quoque & Diplomatis vel nostro, vel etiam patris nostri Regis Iohannis signo confirmatis, plenam & inviolatam fidem & authoritatem relinquere, ejusque aes alienum, quod liquidum est, dissolvere deb●mus. Moneta quoque, quam cusurisumus, proba & sufficiens esse debet, ita, ut dua marcae aequivalentes sint uni aureo Rhenano. Item, Nos Christiernus & obligamus nos, quod omnes & singulos articulos, in quos jurandum nobis est, incolis regnorum Daniae & Norwegiae, constanter reipsa praestare velimus. Sicutietiam ex adverso subditi obligati esse debent ad suum homagium, & auxilia militaria inviolata servanda & praestanda. Si vero (quod Deus avertat) contra istos articulos agendo delinqueremus, & senatorum regni admonitionibus nullo modo locum dare institueremus: tum omnes regni incolae, 〈◊〉 ratione honoris & juramenti sui, conjuctis viribus, fideliter in hoc incumbere debent, ut hoc avertant. Id faciendo, contra sua juramenta, obligatione●, homagia, quo abstricti nobis sunt, nequaquam fecisse censeri debebunt. Hujus generis plures alii articuli juramento inserti fuerant, qui hoc loco brevitatis gratia praetermittuntur. Vt etiam regia ipsius dignitas, post juratos hosce articulos vehementius & ardentius ad virtutes regias, & Christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur, ●ommodas rationes & vias inivimus, tandemque perfecimus, ut illustrissima princeps D. Elizabetha, ex Hispaniarum regum & Archiducum Austriae illustrissima prosapia oriunda, matrimonio ipsi conj●ngeretur. Sperabamus enim dignitat●m ipsius regiam, admonitionibus nobilissimae & excellentis virtute, & summa orbis Christiani regum familia ortae reginae, & praeterea consideratis tantis & tam eximijs ac sublimibus tot Regum ac Imperatorum affinitatibus, motum iri, ut omnibus Christianis & regijs virtutibus, eum clementia & bonitate conjunctis, in tota gubernatione ●ua●o diligentius incumberet. Verùm, statim post coronam acceptam, Regia illius Majestas animi acerbitatem, tyrannidem, rapinas, immanitatem crudelem & sanguinariam, declaravit (quod tamen non injuria ipsum afficiendi animo, sed extrema▪ necessitate, ad defensionem honoris nostri compulsi, scribere & divulgare volumus, de quo ips● palàm protestamur) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti Reginae prastitae, oblitus est. Quaedam enim turpis, infamis & peregrina vetula, Syburgis, omni pud●re & virtute destituta, & ad omnem impuritatem projecta, propriam suam filiam, Regi prostituit. Quam reginae conjugi suae nobilissimae, status conditione, dignitate & gubernatione Rex praetulit, e●que prae omnibus regni consiliariis summam Imperii in Dania commisit, ex cujus perversa administratione & mandatis, multae caedes, homicidiā & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt: Et quamvis Regina (quam semper pro Regina & dominatrice nostra deinceps quoque, agnoscere & habere cupimus) ab honestiss. matrona, A●na Holgeria, Gynecei sui praefecta, moneretur, ut Dominum & maritum suum amicè hortaretur, ut à vita illa flagitiosa, quae Christianum conjugem, & imprimis regiam dignitatem, nequaquam deceret, desisteret: tamen, quam primùm hoc rex & anus illa resciverunt statim illa, propter Christianam admonitionem innocens ab officio suo remota, & miserabiliter regno expulsa, et omnibus fortunis suis spoliata est. Eodem modo Tobernum Ochsitum, de veneno, filiae Syburgis propinando, falsò à se insimulatum innocentemque deprehensum, et à senatu quoque regni eo nomine absolutum, in ignominiam et contumeliam Germanicae nobilitatis, tantùm mendacibus turpissimae illius mulieris, sermonibus fidem habens, capite truncarijussit. Quamvis etiam R. ipsius Majestas ingens et publicum Bellum, contra datam fidem, nobis, nobis inconsultis et inscijs, contra Suecos excitavit: tamen ut animum nostrum fidelem, et regiam ipsius personam et nomen extollendi, imperium amplificandi, et exteras nationes et regna subjugandicupidum, posset deprehendere: nos omnes nostra corpora, fortunas, regiones et subditos, in magna pericula conjecimus: quod bellum septennale, contra potentissimum regnum Sueciae gessimus: et tandem cum effusione sanguinis nostri, et extrema ferè cum pernicie floris nobilitatis Danicae, auxilio Dei omnipotentis, contra regnum jam dictum, victoriam obtinuimus, et Regiae ipsius Majestati Regnum subjicimus. The Oath of the King of Su●den: Vt autem regnum Sueviae in perpetua fide et obedientia Regiae ipsius Majestatis maneret in ipsa coronatione SUECUS verbis conceptis, Deoque et sanctis testibus citatis, juravit, se ipsis antiqua sua jura, immunitates, et privilegia incolumia relicturum, et omnium quae in bello exorta sint offensionum, et inimicitiarum memoriam, sempternaoblivione aboliturum esse. Cumque ne ●um quidem satis Regiae ipsius M●i fiderent Sueci, necesse fuit nonullis ex Episcopis, Praelatis, et Nobilibus Danicis, pro rege fidem suam interponere, eamque diplomatibus eo nomine confertis et obsignatis, confirmare. Quae quidem ipsa in red●esse illi noluimus. Etiamsi autem Regna et populi armis subjugati, tatummod● jure et justicia in officio cotineantur: tamen Rex hoc ipso non satis benè con●iderato, et maximis gravissimisque juramentis posthabitis, tridu● post coronatinem Suecicam, Episcopos, Praelatos, Nobilitatem, una cum consulibus et aliis praefectis (tanquam ad convivium regium & solennem de impetrata à Deo victoria gratulationem) invitavit, qui etiam fide & invitatione regia ill●cti, unà cum amicis, uxoribus & liberis suis, reverenter compar●erunt. S●d tam amicè invitati, admodum ●ostiliter excepti sunt, ipsor●●que plausus in m●●sticiam commutatus est. Ex livore enim tyra●●ico ipsis imputat●m est, quod pulvere tor●●ntario arce● ips●●s regiam passim conspersissent, us ita incendi● 〈◊〉 medi● tollerent. Cum tamen certissimis i●diciis compert●m sit, illud à R●g● ips●, 〈…〉 praeterea sexaginta● Equites aurati & viri Nobiles, aliqui etiam Consules, Senatores, & cives uno die, sine ullo judicio, ex mera tyrannide, contra datam fidem, decollati sunt. Quorum etiam cadavera, vestibus nudata, cum in tertium usque diem in foro Stokhelmensi, miserabili aliis spestaculo fuissent, tandem igne comburi jussit; ac etiamsi illi adhuc vivi more Christiano Confessiones suas edendi cupidi essent, tamen hoc îpsis animo prorsus male●olo denegatum est. Eodem modo Reverendum & religiosum D. Abbatem Nyddalensem & quinque fratres, quitum in honorem Dei Missas celebrarant, die purificationis Mariae, sine ull● judicio, aquis suffocari curavit, nullam aliam ob causam, quam quod durante adhuc bello, una cum aliis se Regiopposuissent. Sex praeterea ex nobilitate Suecica qui communis inter Daniam & Sueciam pacificationis nomine, fide publica & regia, & quidem vocati antea venerant, sibi-ipsi●bsides constituit, eosque in durissima vincula conjectos, tamdiu apud se detinuit, donec regnum Sueciae sibi subjecisset. Multos quoque nobiles, inter quos nonnulliex familia Ribbingia fuere●, una cum duobus pueris adhuc teneris, qui fide & clementia ipsius freti, istuc venerant, capite plesti: sicuti etiam Tonnum Erici filium, & Henrichum Stichum, unà cum multis aliis nobilibus in Finlandia, sine ullo judicio decollari jussit. Episcopo Finlandiae domum & possessiones suas per violentiam ademit, ita quidem, ut ille sibi consulens, paulò p●st tempestate in mari exorta naufragio Miserabiliter perierit. Brevitatis causamulta alia prava & tyrannica facinora, in Regno Sueciae contra Deum & omnem aequitatem ab ipso perpetrata, hîc praetermittimus. Quocirca Episcopi, Dynastae, Praelati, Nobilitas, Civitates & reliqui regni Suecici incolae, qui cr●deles, impuras & sanguinolentas ipsius manus, vita sua inc●lumi effugerant, contra eum insurrexerunt, satius et honestius esse rati, potius in acie pro salute patriae, quam domisordis & turpissimis suppliciis innocentes exarnificatum, mori. Atque ita (nostro quidem judicio non immeritò) sumptis armis & palàm Bello contra Regem suscepto Tyrannicum illius jugum excutere instituerunt. Etiamsi igitur nos periculo corporum & fortunarum nostrarum, ipsi, post auxilium Divinum in regno Sueciae subjugando adjumento fuerimus: tamen non nostra sed sua ipsius culpa iterum eodem regno excidit. Quocirca denuo ab eo interpellati, ut Sueci nostro auxilio ad priorem obedientiam adigerentur; ne id quidem (quamvis nullo jure aut lege teneremur) facere recusavimus, ut vel hoc modo fidelis animus & voluntas nostra, à Rege perspiceretur, quando quidem ferè supra quam vires nostrae ferrent (cum jam antea nostros equos, arma, naves, aurum, argentum, Clinodia & insuper nostros amicos, affines & propinquos in Suecia reliquissemus,) denuo terra marique magnis impenfis militem & naves armare & instruere: propria corpora nostra, possessiones, pecuniam & facultates omnes impendere: & una cum ipso totam belli molem, in tertium usque annum sustinere non detrectaremus. Idque optima spefreti, futurum ut fidelia h●c nostra servitia, tandem aliquando à regia ipsius dignitate cum clementia agnoscere●tur. Ver●● his omnibus non consideratis, ille interea Episcopos, Praelatos, Ecclesias, Coe●●bi● Hospitalia, Sacerdotes, Matronas, virgines, Nobilitatem, cives, viatores, neg●●i●t●res, & mis●ros d●nique Rusti●os, immod●ratis & in●●ditis exactionibus, vestigal●b●● & 〈…〉. 〈…〉 & argento, exactionibus extorsit, ad se translatam adhuc retinet. Monetam verò nullius momenti cupream, ex ahenis cerevisiaris usu detritis cusam in regnum intrusit, quam aequo cum argenteis & aureis monetis precio, à milite ipsius acceptare, & ut in toto regno usurparetur & valeret, coacti sumus tolerare. Cum tamen illa in finitimis regnis, nationibus & civitatibus nullius valoris esset, res nostra familiaris, cum omnibus commerciis jacerent: regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus pl●nè exhauriretur, & ad extremam egestatem & inopiam conniiceretur. Et quamvis haec quoque omnia, ut bello suscepto optatus tandem fin●s imponi posset, submisse tol●raverimus: tamen ne haec quidem ratione quidquam apud R●gem proficere potuimus, cum ille palàm hominibus fide dignis audientibus diceret, se & corporibus & fortunis imminutos ita nos debilitaturum, ut passim omnibus contumeliae & ludibrio essemus. Cujus sui propositi statim etiam exemplum reipsa nobis exhibuit. Archiepiscopum enim Lundensem D. Georgium Schotburgum, quem secretarium quondam suum hac spe ad dignitatis illius fastigium rex evexerat, ut quaedam Archiepiscopatus illius praedia ad se transferre posset; cum regis cupiditati postea non gratificaretur, quod diceret, juramento se illi ecclesiae praestito, quod violari à se minimè deceret, prohiberi seque potius turpissimam mortem obire, aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se valle, quam in perjurii suspicionem vel minimam se conjicere. cum igitur aliquot poenarum, quae innocenti irrogabantur, optio illi concederetur; ad vitam tandem monasticam à rege compulsus est. Quo facto, statim Praelatos & Canonicos ecclesiae Lundensis per literas ad se accersivit, cumque illi praestita obedientia compar●issent: jussit eos contra fidem regiam, in infamem & foetentem carcerem compingi, iisdemque paulò post insulam Borneholman, Ecclesiae illi Lundensi subjectam & propriam, cum omnibus arcibus, oppidis & vicis, nullius excusationis ratione habita, vi metuque coactis, ademit. Reverendissimus quoque Iohannes Episcopus Fyoniae, cum literis regiis ad juridicam vocatus comparuisset; eodem modo miserabiliter, & praeter omnem culpam captus, & in carcerem conjectus est, & omni collegii illius ecclesiae bona petulanter ad se transtulit. Nemo etiam velex Senatoribus regni, vel aliis Daniae incolis sine corporis & vitae suae peri●ulo ipsum convenire: aut si quis omnino fortunam suam haec in parte periclitari institueret; nequaquam id, nisi prius peccata sua sacerdoti confessus esset, & ad mortem se praeparasset, tentare ausus est, cum saepenumero in eas angustias coactos nonnullos constaret, ut ne confitendi quidem specium illis concederetur. Ex quo ipso hoc quoque consecutum est, ut regno huic, & communi patriae nostrae, consilio & consolatione nostra auxilio esse non possemus. Eodem Praepositum Rotschildensem, & D. Nicolaum Erici, multosque alios praelatos & viros ecclesiasticos, qui patri & matri ipsius laudatae memoriae fideliter inservierant, absque ulla misericordia, bonis suis spoliavit. Politico quoque & equestriordini, reliquisque regni i●quilinis nequaquam pepercit. Mandato enim ipsius, vir strenuus & nobilis Magnus Tamassenus, qui toto vitae suae tempore, ab omnibus habitus est homo integer & probus, & quem nemo unquam quidpiam, quod honestum & nobilem virum non deceret, gerere aut facere animadvertit; quique etiam in fide Christiana piè mortuus erat, hic inquam Tamassenus, ex terra iterum effossus est ipsius que cadaver, in foro Arhusiano, in singulare Daniae nobilitatis ludibrium & contumeliam, suspensum est. & insuper Rex omnia illius, vid●aeque ipsius relictae, bona, cum omni auro, argento, & clinodiis, sine ulla postulatione judiciali, ad se & in suam potestatem redegit. Strenuo quoque D. juggoni Krabbio, equiti aurato & Marescalco, qui ipsi longo tempore in Dania, Norwegia, & Suecia horestè & fideliter, etiam cum effusione sanguinis, & bonorum suorum jactura in servierat, unum ex pagis suis Vischbecum novum unà cum multis ad eum pertinentibus fundis & bonis, apertavi, & contra religionem jurisjurandi, ademit, & sibi vindicavit, cum interea ille multis modis ad legitimam causae cognitionem, sed tamen frustra, provocaverat. cum ex ministris ipsius aulicis Nicolaus Daa, quodam vesperi in caupona & symposio sedens, hospiti ex fenestrarhombos aliquot vitreos fortuitò excussisset; & temen e● nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset: nihilominus tamen, ob causam tam nihili, pater ipsius in arcem Hafniensem violenter abductus, & tamdiu captivus est detentus, donec praefectus regius missis in domum ejus satellitibns, omnes ipsius cistas aperuisset, omne aurum & argentum inde exemisset, & ad quatuor Mar●arum Danicarum millia vi metuque illi extorsisset. Quin etiam contra juramentum & dotam fidem, Schlos Gelauben Ius electionis, quod antea senatus regni proprium erat, post mortem ad sùos haeredes transtulit, quo ips● antiquum nostrum & liberum regnum, haereditariae oppressioni subjicitur, & nos libera nostra electione spoliati sumus. Quid, quod à quolibet, etiam paup●rrimo hujus regni incolà, binos in singulos annos florenos, in perpetuum deinceps numerandos, ausus est exigere, cum tamen multi ex iis, vix binos solidos suis dominis quotannis exsolvere possent. Nec tantum Danicae nobilitatis excidio, animusipsius sangainarius satiari non potuit, sed in Germanos etiam nobiles ingratitudinem effunderet. Honestum enim virum Stephanum Weberstedium, in Turingia loco equestri natum, qui longo tempore, sicuti Ministrum fidelem & nobilem decet, pro supremo Capitaneo peditum Danorum contra Suecos ipsi inservierat, & qui praeclara fortitudinis suae specimina, cum Hoste usque ad sanguinis effusionem dimicans, ediderat, cui etiam hoc nomine praefecturam Olandensem datis literis concesserat. Hunc inquam Stephanum, cum diutius praefectura illa carere nollet, ex asylo Coenobij Sp. S. ab ipsius avo fundati abreptum, decollari jussit, hoc praetextu, quod in domo publica militicuidam vulnus inflixisset, cum quo tamen ille, amica transactione interueniente, jampridem in gratiam redierat. Eodem modo cum conjugis suae regiae cubulario Maximiliano egit, qui reginam in regnum Daniae advenientem comitatus juerat: eum enim cum Regina ad Casaream Majestatem, & Dominam Margaretam, ablegasset, Rex antequam Dania excessisset, exitinere retrahi, & capitali supplicio affici jussit. Adha●c cum fortissimus ipsius capitaneus N. von Hederstorff, nomine praesidiariorum Stokholmensium, honestos aliquot milites, pro stipendio suo, & quibusdam aliis conficiendis, Haffniam misisset; praefectus Haffniensis eo exceptos Abrumstropum deduxit, quasi regem ibidem inventuri essent. Eò autem cum venisset, loci praefectus▪ eos carceri mancipatos, paulò post sine ullo judicio, unà cum puero quopiam trucidari jussit. Suum quoque Germanicum Secretarium Stephanum Hopsensteinerum, cujus opera in gravissimi● negociis apud Caesaream Maject. Electores & principes Imperij Romani, usus fuerat, ad impudentissimae mulieris Syburgis mendacem delationem, inclementer perfecutus, ipsius vitae & bonis insidiatus est. Qui tamen evidentissimo Dei omnipotentis auxilio, manus ipsius cruentas ex Dania ●vasit, & in Caesaream urbem Lubecam confugit, ubi nihil ominus à Ministro Regio, ejus v●stigia insequente, accusatus, & in custodia aliquandiu detentus fuit, donec tandem causa probè cognita, ab injusta ejus accusatione & insimulatione, per sententiam absolutus est. Praetereà multas quoque exteras nationes, Hollandos, Brabantos, Flandros, Lubecenses, cum omnibus civitatibus maritimis, contra data privilegia, & regia diplomata, pecuniis suis emunxit, & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt, statim navibus & mercibus suis spoliati sunt. Et quamvis Norwegiae quoque regnum semper, ipsi fideliter fuerit subjectum, & pro viribus omnia sua officia & auxilia praestiterit, et ejusque omnibus edictis & interdictis cum obsequio paruerit: tamen neq Deo consecrati Episcopi, neque Nobilitas, neque populus illius inclementem & immis●ricordem animum effugere potuit. Episcopus enim Camerensis, licet innocens, in crudeli admodum carcere captivus est detentus, ita quidem, ut ex foetido & impuro aëre, curis diuturnaque sessione, omnibus suis viribus consumptis, tandem carcere liberatus, mox diem suum obierit. Reverendissimus quoque Episcopus Ansloënsis, Andreas eo compulsus est, ut alteri suum Episcopatum cederet: quod si facere recusaret, submersionem illi minabatur. Reverendissimum quoque Archiepiscopum Nidrosiensem ab Ecclesia sua Archiepiscopali in exilium expulit, qui postea Romam ad Papam confugiens, ibidem in magna inopia & miseria mortuus est. Nobilitati quoque ejus regni nequaquam pepercit, strenuum enim & praestantissimum equitem auratum, Canutum, Canuti ficto & mentito quodam praetextu, in carcerem redegit. Cumque ille in jus provocaretur, & causa in senatu regni cognita & disceptata absolutus esset: tamen jure suo, à Deo & aequitate sibi concesso, uti non potuit, cum paulò post miserimè decollaretur, & omnia ejus bona, contra omne jus à rege abriperentur. Etiamsi verò multò plura ipsius impia & tyrannica facinora, & inprimis cum honestis matronis & virginibus, viduis & orphanis passim in Dania, Suecia, Norwegia perpetrata, indicare possemus: tamen illa ipsa, respectu nominis & dignitatis regiae habito, hoc quidem tempore, in nostra hac querela commemorare non volumus. Semper equidem speraveramus futurum, ut crebris, fidelibus & submissis admonitionibus adductus, sese emendaret, & ab hujusmodi minimè regiis aut Christianis, sed potius tyrannicis inceptis, facinoribus, expilationibus, vectigalibus, exactionibus, aliisque crudelibus institutis desisteret: sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt: nostrae sententiae & consilia planè sunt repudiata, nulli ex sena●● regni locus apud regemfuit relictus, imò homines planè contempti & ad nullamrem idonei habiti & reputatisumus. Atque ita ille in priori sua tyrannide, seipsum induravit. Et ut omnino crudeli suo erga nos animo & voluntati satisfieret, milites peregrinos magno numero, tam pedites quam aequites, contra praestitum juramentum, quod ex superioribus articulis patet, in regnum induxit, & majoribus adhuc qu●m antehac factum est, oneribus & exactionibus nos gravare instituit. Cum autem idnon injuria nobis grave esset, hoc tentat●m est, ut nos una cum miseris rusticis, (qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus) vi ad illas praestandas adigeret. Quocirca missis literis tanquam ad juredicam Ahusium nos evocavit, eo consilio, ut nos vi militis externi (si modò is ad tam impium facinus à rege perduci potuisset) adoriretur, & pro libitu suo imperata facere cogeret. Compertum etiam nobis est, Regem ad diem praestitutam duorum immanium carnificum, more suorum satelli●um (ne scilicet res innotesceret) vestitorum operam conduxisse, in ●um finem, si intolerabilibus ipsius edictis & voluntati non assentiremus, ut tum in corpora & fortunas nostras impetum faceret, & forte non aloud quam in Suecia, Dynastis, Episcopis, praelatis, nobilitati & civitatibus factum est, covivium nobis adornaret. Quapropter justissimo (qui etiam in fortissimos viros cadere potest) metu compulsi sumus, ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus, atque ita nostra corpora, vitam & possessiones (quod jure naturae facere tenemur) def●nderemus. Compulsi igitur sumus, ut nostra juramenta, homagia & auxilia militaria per literas illi renunciaremus, id quod, etiam reipsa à nobis jam factam est, cum plane confideremus, neminem fore, qui impiis tyrannicis ipsius delictis consideratis, vitio hoc vertere nobis posset. Nota. Nos enim status & consiliarios regni Danici, coram Deo & hominibus obligatos agnoscimus, ut communi patriae, in extremis his●e periculis & angustiis, consolationem aliquam offera●nus. Siquidem miserorum ejus regni inquilinorum aeterna, ratione corporum & bonorum, pernicies, matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur, à quo illa omnia meritò averti à nobis debebant. Neque ignotum est, propter similia, aut saepè etiam leviora quam nos (proh dolor) perpessi sumus facinora tyrannica, saepenumero Caesares Romanos, Reges Vngariae, Bahemiae, Angliae, & Scotiae, ex suis imperiis & regnis dejectos, nonnullos principes ex ditionibus suis haereditariis expulsos esse, sicuti id tam ex veteribus historiis, quam ●x nostrae aetatis exemplis satis certo nobis innotuit. Et nisi gravissimis hisce, quae hactenus commemoravimus, oneribus impelleremur, pigeret & taederet nos, talem aliquam cogitati●nem in nostrum animum inducere, multo minus reipsae eam exequ●, sed potius sicuti patri & avo ipsius, ita ipsi quoque libenter addicti fuissemus. Etiamsi verò ab electione externi alicujus & Christiani Regis aut Domi●i cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni: tamen confiderato diuturno & Christiano regimine, regiis virtutibus, clementia, bonitate & justitia, quibus & illustriss, princeps & Dominus, D. Fridericus, verus haeres Norwegiae, Dux Sleswici, Helsatiae, Stormariae, & Dietmarsiae, Comes Oldenburgi & Delmenhorsti, erga Subditos suos statim à gubernationis suis exordio pie & laudabiliter usus est: eum potissimum unanimi consensu regem & Dominum nostrum supra totam Dani●m elegimus, eum nimirum cogitaremus, cum ex inclyta regum Daniae prosapia originem ducere, & praeterea regis filium natum esse, aetque ita jure prae omnibus aliis principibus hunc honorem ipsi, praesertim cum patrimonium quoque ex regno paterno suae Colsitudini debitum, ne nunc q●il●m accepisset, deberi. Rogamus igitur unumquemque, cujuscunque conditionis aut ordinis sit, si for●è supr dictus Rex Christiernus, aut alius quispiam nomine ipsius, vel Scriptis vel alio modo, nos insimulet, quod contra datam fidem & juramanta hac in partè egerimus, ut illi, antequam ulteriorem nostram defensionem audiat, fidem non habeat, sed potius nostras hasce difficultates, corporis & vitae pericula, impias viduariem & pupillarum ● ppressiones, matronarum & virginum violationes, cum clementi, christiana; benevola & humana commiseratione cognoscat▪ & nos (qui honorem & existimationem nostram, u● pios nobiles dece●, erga regem illaesam ad huc conservavimus) excusato● habeat. S●mulque aliis quaque omnibus & singulis, ob causas jam suprà dictas, & alias complures (quas adhuc in honorem nominis regiiusque ad ulteriores nostras apologias reticemus) benignè nos excuset. Si etiam rex coram legitimo aliquo judice nos accusandos esse c●●suerit hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus; pollicem●r etiam nos iis, quae hoc modo jure decernentur & sancientur, prompto animo parituros esse. Nequs dubitamus, si vel sanctitas Pontificia, vel Rom. Caesarea Majestas, & judicium Camerae, vel alii quoque Christiani Reges, Electores, Principes, Comites, Barones & Nobiles, vel inclytae & liberae Imperii civitates petitionis hujus nostrae aequitatem, & ipsius impiam & Tyrannicam nostri oppressionem cognoverint, quin factum hoc nostrum, ad quod extrema necessitas nos compulit, nequaquam ●int improbaturi. Pro quo ipso singulis, proratione ordinis & conditionis suae, nostra studia, officia, & gratitudlnem, omni tempore praestandam, deferimus & pollicemur. Swethland. NOt to mention the Kings and Kingdom of Norway, long since incorporated into Denmark, whose lives and Catalogue you may read in Cosmog. lib. 4. cap. 21, 24, 25. Munster, joannis Magnus, Crantzius, and others: Gul. Ne●brig. lib. 3. cap. 6. in which Realm not one King anciently died of age or diseases in above one hundred years, but of violent deaths; there being this custom, That whosoever slew a tyrant King, was thereby made a King. The Kings of Swethland have always been elected upon certain conditions, and subordinate to the power and censures of their whole States and Parliament, in such sort as the Kings of Hungary, Bohemia, Poland, and Denmark have been; and oft times this Kingdom hath been annexed to the Realm of Denmark, and subject to the Danish Kings, as they saw occasion: The names and lives of the Swedish Kings before and since their conversion to Christianity, you may read at large in Cosmog. lib. 4. cap 28, 29, 30, 31, 32. Munster, joannis Magnus, Crantzius, Olaus Magnus, and others: I shall give you a taste only of some of them out of those Authors. Halsten, Heyl. Geogr. pag. 430, 431. Chytraeus Chron. Sax. Hermold. Chron. Slau●rum. joannis Magnus hist. Goth. Swedorumque. Guagn. compen. & Chron. and Animander his successor were thrust out of their Thrones and Realms by their Subjects. After whose death, the Swedes elected one King of their own Nation, the Goths another, not enduring a foreign Prince to reign over them. King Bugerius slaying his brother Ericus, who had imprisoned him at a banquet, his Nobles de●esting this his treacherous act, rose up in Arms against him, expelled him the Realm, and beheaded his Queen and Magnus his son, electing Magnus the son of Ericus for their King. Magnus the seventh, betrothed his son Aquin to a kinswoman of the Earl of Holstain upon this condition, That unless Aquin should receive her a Virgin, all the Nobles of the Realm should be freed from their Oath of Allegiance to him. The Virgin sailing into Swethland, was taken prisoner by Waldamer King of Denmark, who betrothed his daughter Margaret to Aquin: whereupon the Nobles of Sweden denied to yield any more obedience to their King, deserted Magnus and chose Albert King: Magnus seeking to regain his Realm, was defeated in battle and died in exile. Queen Margaret taking Albert prisoner, and conquering Sweden, left it and two Kingdoms more to Ericus her adopted son. But the Swedes weary of a foreign yoke, by the help of Engelbert, denied subjection to him, and waged war so long with him, that he was forced to place Swedes in all the Castles by agreement, and to receive only half the revenues of the Realm in his absence, and at last (tired out with the wars) deserted both Crown and Kingdom. After this the Swedes elected Charles for their King, who after seven year's reign, perceiving that he grew grievous and displeasing to the States of Sweden, taking his own private goods only with him, and leaving the treasure of the Realm in a safe place, left the Kingdom. Whereupon they elected Christian the first, the King of Denmark and Norway, for their King; against whom they took up arms, because he had broken that paction prescribed to him when he took the Crown; whereupon Anno 1499. Christian came with a great power to subdue the Swedes, but he was easily conquered, repulsed thence twice one after another by the Swedes united forces: who elected them a Governor whom they called a Marshal, which had power to call general Assemblies of the States, and execute the King's Office, and might have been elected King upon such conditions as the States propounded, which he refused to submit to. King john thinking to subdue the Swedes after Christiernes death, was repulsed by them, and his Queen taken prisoner. His son Christian the second, King of Denmark, by the treachery of Gustavus Archbishop of Vpsalis, after many encounters, upon promise to continue their Laws, Liberties, and Privileges inviolably, and to remit all offences passed by a solemn Oath, was elected by the Swedes for their King: who swearing these Articles and confirming them by his Charter, was upon this admitted into the Town and Castle of Holm●; Chy●. Chron: Saxo. lib. 10. pag. 311. where feasting all the Nobles and principal men of Swethland two days together, suspecting no treachery, he suddenly apprehends them, imprisons, murders all the Nobles, Gentry, Citizens, Commons, yea Bishops and Monks, with extraordinary cruelty, spoils their wives and Orphans of all their goods, and exerciseth more than barbarous tyranny over them; which Gustavus Erichson, a noble Swede then in Denmark hearing of, escapes thence privily, and comes into Swethland ●i●g●ised, raiseth an Army to revenge this butchery, delivers his Country from this Tyrant, and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead; the Swedes in a public Declaration manifesting then expulsion and deprivation of Christian for his treachery and tyranny to be just and lawful. Chyt. Chron. Saxo. lib. 21, 22. p. 636, 637, 638, 647, 648, 649, etc. Ericus the seventeenth King of Sweden, imprisoning his brother, murdering his faithful Counselors, warring upon his Subjects, playing the tyrant, and matching himself unworthily to a woman of mean condition, was for these his misdemeanours taken prisoner, with his Queen, deposed, and his brother made King in his stead, Anno 1599 And Heyl. Geog●. pag. 340. Sigismond King of Sweden, taking upon him the Crown of Poland, after fourteen year's reign, was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead. Assyria, Cyprus, Lombardy, Naples, Venice. I Could now acquaint you with many such like passages and stories in the Kingdoms of Assyria; as how effeminate Munst. Cosm. lib. 5. cap. 79. Sardanapalus, for his vices and misgovernment was deprived by his Subjects, burned in his Palace, and Arbactus made King in his stead. In the kingdom of Munst. Cosm. lib. 5. cap. 30. Cyprus, where King Peter murdering his brother and those of Geneva, was soon after taken prisoner and made a tributary Prince. King john governed by Helena his wife, and she by his Nurse, which made the people weary of the government, had a Regent by consent of the Nobles (john of Portugal, whom they married to his daughter Carlota) set over him and the Realm and all the royal power soon after put into his hands, who being soon poisoned by Helena, Lewes son to the Duke of Savoy was sent for the crowned King by general assent, and john and james his sons put by. Mach. Hist. Heyl. Geogr. p. 193, 154. Clephus the second King of Lombardy was so cruel, that after his death they would have no more Kings, but chose thirty Dukes to govern them, who continued this government eleven years. Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great, and so that Kingdom ceased, Anno 774. Heyl. Geogr. p. 166, 167. General Hist. of Spain, lib. 18. p. 686. Tancred the fourth King of Naples was deposed by Pope Celestine the third▪ with his people's consent. Momfrey a Bastard, poisoning Conrade the seventh King of Naples, and usurping the Crown, was deposed by Charles Earl of Anjou, who enjoyed the Crown till Arragon seized on the Realm. jone Queen of Naples married Andrew second son to Charles King of Hungary, whom she hanged at her window for insufficiency; after marrying james of Tarragon, she beheaded him for lying with another woman, and was at last driven out of her Kingdom by Lewes of Hungary, and hanged at the same window where she hanged her first husband. joan. Crespin, L'estate de Leglise, pag. 277. Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people, The Venetian History. which they fired, and then taking him his wife and son, dragged them unto the butchery, where they chopped them in pieces, and threw him to the dogs to be devoured, notwithstanding all their submissions and entreaties on their knees, Anno 977. So Duke Falier, and many oath Dukes, have been condemned to death and executed by the States of Venice, and that justly as Com. lib. 2. 6. 5. pag. 277. Bodine grants. Multitudes of such like precedents occur, in most other Dukedoms and Principalities, which I will not name, because they want the title of Kings, though 4 Distinct. 49. quest. 1. Art. 3. qu. 5. Aquinas truly holds, That a Kingdom is so called from ruling; therefore he who hath others under his government, is said to have a Kingdom; in reality, though not in propriety of speech; and so are Kings in verity, though not in title. I might add to these many more examples, manifesting what miseries and untimely deaths tyrannical Kings and Princes have undergone in all ages and States, being commonly deposed, poisoned, murdered; but I shall for brevity pass over these examples, remitting the Readers to Pol●●. lib. 5. cap. 10, 11. Aristotle, Variae hist. Aelian, and Doctor Beard, his Theatre of God's Judgements, and come nearer home to Scotland, as having nearest relation to England. Scotland. WHat sovereign power and jurisdiction the Realm, Parliaments and Nobles of Scotland have claimed and exercised over their Kings, (who, saith Bu●●anan, can neither make Laws, War, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmark, Swethland, been ofttimes summoned, not only without, but against their King's consents;) and how frequently they have questioned, imprisoned, censured, deposed, yea judicially sentenced their Kings for their tyrannies, oppressions, whoredoms, murders, rapines, and evil administrations, you may read at large in George Bucanan (King james his own Tutor) in his Book, De jure Regni apud Scotos, and his p. 100, 234, 257 292, 334, 691, 704, 756, 747, 748. Rerum Scoticarum Historia. Where this their Sovereign power is so largely vindicated, debated, demonstrated, and the chief objections against it cleared so abundantly, that I shall not add one syllable to it, but present you with some Historical examples which confirm it. See 10. Mayor hist. Buchanan. Rerum Scot l. 4. p. 100, 101. Hector Boetius ae Rebus Scoticis Fordon. his Scoti. chrocicon, Polychronicon & Fabian; Mattheus Westminster. Holinsheds' history of Scotland. Fergusius the first King of Scotland dying, and leaving two sons infants, unable to govern the Realm; the Scots thereupon considering what dangers might befall them both at home and abroad, during their infancy; at last concluded after much debate; and settled this for a standing law; that when any King died leaving his son under age and unfit to govern, the next of their kindred, who should be esteemed fittest to reign, should enjoy the sovereign power; and that he being dead, than the succession of the Crown should return to the children of the deceased King, being of age to rule; which Law continued constantly for many hundred years, until the reign of Kenreth the third. By this Law Feritharis brother to Fergusius abstained the Crown and reigned fifteen years with much justice and modesty; after which his Nephew Ferleg desiring to reign, demanded his Father's Kingdom of his Uncle, who being willing to resign it to him, called an assembly of the estates, made an Oration in praise of Ferleg, proffered to resign the Crown unto him. But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crown, that they detested the act, and denied the motion both with frowns and verbal reprehentions: Whereupon Ferleg conspired his Uncle's death, which being discovered, they thought him worthy of death; but for Fergusius his father's sake, his life was spared, and he only imprisoned; after which making an escape he fled first to the Pi●ts, then to the Britons, and in the mean time Feritharis dying, by the treachery of Ferleg as was suspected, Ferleg by the unanimus sentence of all was condemned and put from his Crown, being absent, and his brother Mainus created King Buchanan. l. 4. p. 101, 102, 103, 104, 105▪ . Dornadilla the fourth King of Scotland dying, leaving Reuther his son under age and unfit to reign, the people made Notatus his brother King; who playing the tyrant, banishing, murdering, and oppressing the people, Donald of Galloway raised an Army against him, expostulated with him for his tyranny, and wished him to resign the Crown to Reuther; which he refusing to do, any justifying his tyranny; hereupon Donald gave him battle, slew him, and made Reuther King without the people's suffrages: Upon which the Nobles being offended, (because the power of the Parliament was by this means abolished, and the election of the supreme Magistrate made only by one man,) took up Arms both against Ruther and Donald, gave them battle twice in one day, and took Ruther their new King prisoner: who afterwards dying and leaving There his son an infant, scarce ten years old, they, according to the Law formerly made and received in this case, made his uncle Ruther King; who after seventeen years' reign voluntarily resigned his Crown to his Nephew There, in whose commendation he made an Oration, the people hardly permitting it. There soon after growing very vicious and flagitious, slaying the Nooles, and filling the Realm with robberies, the Governors pi●tying the deplorable state of the Realm, resolved to punish him for it; of which he being informed, fled to the Britain's, where he spent his days in contempt and ignominy, not daring to return; Conan a prudent and discreet man, being elected Viceroy in the mean time, which office he held almost twelve years till the death of There. In the reign of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings should command nothing of greater moment to be done, but by the authority of the public Council. Durstus the eleventh King, giving himself to all deboistness, first banished his father's friends from him as the troublesome reprehenders of his pleasures; and sending for the most vicious young men to be his familiar companions, gave himself wholly to luxury and venery. He prostituted his wife, (daughter to the King of Britain's) to his companions, and then banished her. At last the Nobles conspiring against him, he awaking as it were cut out of sleep, considering that he should find no place of safety, neither at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former li●e, Notable Dissimulation. for so he might retain both his Crown, and in time inflict punishments on his enemies. Wherefore recalling his wife from exile, he first of all endeavoured to reconcile himself to the Britain's: then calling the chiefest of his subjects to him, he ratified with a most solemn oath the oblivion of his former courses; he committed every most wicked person to prison, as if he reserved them for punishment, and religiously promised, that he would do nothing hereafter, but by the advice of his Nobles. When by these things he had given assurance of his sincere mind, he celebrated the agreement with pastimes, banquets, and other signs of public gladness: and now all men's minds being taken up with joy, he called most of the Nobility to a supper; where, when he had shut them up (improvident and unarmed) in one room, sending in his assasinates, he slew them every one. This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger, they gathered a great army together, all men conspiring to take away this detested monster; whom they slew in battle, together with his wicked confederates. After whose slaughter, the Nobles putting by Durstus' sons, lest they should imitate their father's vices, elected his brother Even King with unanimous consent; who hating Durstus his tyranny had voluntarily banished himself among the Picts. Even dying, leaving a bastard son called Gillo, he procured himself to be elected Viceroy till a new King should be chosen, and got the Kingdom confirmed to him; but yet not deeming himself secure as long as any of Durstus his family remained, he treacherously slew Durstus his two eldest sons, with all his kindred and familiars: With which the Nobles being much discontented, and fearing worse things, privily raised an Army against him; who finding himself generally deserted but by a few flagitious persons, who feared punishment, He was forced to fly in a Fisherboat into Ireland: whereupon the Scots created Cadvallus their Viceroy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off. Buchan. l. 4. p. 109, 110, 111, 113, 114, 115, 116. Graf●on, part 6 p. 70, 71, part. 7. p. 80, 81, 82, 84, 86, 87, 90. King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it should be lawful for every one to marry as many Wives as he could keep; and that the King should have the maidenhead of Noble women, and the Nobles of the Plebeians before they were married; and that the common people's Wives should be common for the Nobles. Be●ides, luxury, cruelty and avarice were the companions of this his flagitious life; he murdering the rich to get their wealth, and favouring thee●es to share in their robberies: whereupon the Nobles and people conspiring against him and taking up Arms, he discerned how unfaithful the society of ill men is; for being deserted by his party as soon as the battle began, he c●me alive into his enemy's hands: and was committed t● perpetual prison, his life being spared by the intercession of Cad●lan, who was made Viceroy in his stead; but son after he was strangled in the prison by one whom he had formerly injured. King Corbreds' son being within age at his death, the Assembly of the States made Dardan King, who within three years' space ●ushing into all kind of vices, banished all prudent and honest men out of hi● Court, kept none but flatterers about him, slew Cardorus, and divers others virtuous men who advertised him of his faults; and to take away the fear of succession, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous consent rose up against him, slew his evil instruments, routed his Forces, took him prisoner, whilst he was about to murder himself, cut off his head (which they carried about for a laughingstock) and threw his corpse into a jakes, after he had reigned four years. Luctacke the 22 King of Scots, giving himself wholly to Wine and Harlots, sparing the chastity of none though never so near allied to him, nor their husbands never so great, deflowering his own Sisters, Aunts, Daughters, joining inhuman cruelty and insatiable avarice to his lust, and depraving the youth of the Country corrupted by his example, when as no man dared resist him; was at last convented before an Assembly of the chief men; where being more freely reprehended for those crimes, he commanded the chief of them to be drawn away to punishment, as seditious, calling them old doting fools. Whereupon the people assembling together, ●lew both him and the instruments of his wickednesses, when he had scarce reigned three years' space. Mogaldus was elected King in his place, who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reign; yet fell at last unto them in his old age, and grew 〈◊〉 by his vices, to the Nobles and common people, that they weary of him, rose up against him; he being unable to resist them, wandered up & down with one or two Companions, in secret places, seeking to escape by flight; but was at last taken and slain. Conarus his son and successor giving himself to all manner of luxury, and lust, brought the Realm in short time to great penury; giving Lands and riches to most vile and naughty persons, because they favoured his corrupt living, and invented new exactions upon his people. Whereupon summoning a Parliament, he demanded a Tribute of them to support his State and Court in Honour; who taking time to deliberate, and understanding at last, that this his hunting after money proceeded not from his Nobles, but from the inventions of Court-flatterers, they resolved to commit the King toward, as unfit to govern, until he renouncing the Crown, they should elect another King. Whereupon the next day, he who was first demanded his opinion, Declaimed sharply against the King's former life, his bawds and companions, as unprofitable in war, troublesome in peace, full of shame and disgrace: showed, that the King's revenues were sufficient to maintain him if he lived within compass; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the public patrimony; and that the King in the mean time should be committed to custody, as unfit to rule, till they elected another, who might teach others by his example to live sparingly and hardly, after their Country custom, and might transmit the discipline received from their ancestors to posterity. With which fre● speech he growing very angry, instead of pacifying their discontented minds, inflamed them more with his cruel threatenings; whereupon the King being laid hands on by those who stood next him was shut up in a Hall with a few attendants: his Courtiers, the authors of ill counsel were presently brought to punishment, and Argarus a Nobleman made Viceroy till the people should meet to elect a new King; after which Conare spent with grief and sickness, died in prison. King Ethodius his son being an infant his brother T●trasell was chosen King, who murdering his nephew, cutting off divers of the Nobles, and spoiling the common people, to establish the Kingdom in himself, he grew so odious and so much diminished his authority in a short time, that he stirred up divers seditions; which he not daring to go abroad to suppress, being generally hated, was at last strangled by his own followers in the night, in his own House. Ethodius the 2. being a stupid man, and of a duller wit than was suitable to the government of so fierce a people, the Nobles hereupon assembling together out of their respect to the family of Fergusius, would not wholly deprive him of the name of a King, though he were slothful being guilty of no crime, but assigned Him governor's to execute Justice in every County: at last he was slain in a tumult of his familiars. King Athirco his son degenerating from his former virtues, and growing extremely covetous, angry, luxurious, slothful, and leaving the company of all good men, was not ashamed to go openly in the sight of the people playing upon a Flute, and rejoicing more to be a Fiddler, than a Prince; whereby he became very odious to the people: at last ravishing the daughters of Nathalocus a Noble man, and then whipping and prostiruting them to his lewd companions lusts; thereupon the Nobles rising up in Arms against him, when he had in vain endeavoured to defend himself by force, being generally deserted by his own people, who hated him for his wickedness he murdered himself, and his brother Donus was enforced to fly with his little ones to the picts to save his life. Nathalicke succeeded in his Realm, governing it ill by indigent ordinary persons, who would attempt any wickedness, and treacherously strangling divers of the Nobility, who were opposites to him, in the prison to which he committed them, to establish his Kingdom; thereupon their friends with others, being more enraged against him, raised an Army to suppress him; which whiles he endeavoured to resist, he was slain by one of his own servants, or as some say, by a Sorceress with whom he consulted to know his end. King Findocke being treacherously slain through the conspiracy of Car●●tius his second brother, Donald his third brother was elected King. Donald of the Isles, usurping the Realm by violence, so far oppressed the people by ●ll officers and discords raised amongst them, that he durst seldom stir abroad; he never laughed but when he heard of the discord and slaughter of his Nobles: for which he was at last surprised and slain by Crathilinthus, who was unanimously elected King, and ●lew all this tyrant's children. After the death of Fircormarch there were great divisions and wars for the Crown between Romach and Angusian, two brethren; Ramach at last conquering his brother and chase him into Ireland, gained the Crown rather by force, then love of the people; which to preserve, he showed himself very cruel to the adverse party, reduced capital causes to his own at bitrement, and putting many to death, struck a general fear in all good men: Upon thi● he grew so generally odious to all estates, that they conspired against, and suppressed him before he could collect his Forces; and cutting off his head, carried it about on a Poll, as a joyful spectacle to the people. Constantine the first, of Scotland, as soon as he obtained the Crown, loosed the reins to all Vices: he was cruel and covetous towards his Nobles, kept company with men of the basest Rank; gave himself only to the rapes of maids, matrons, and immoderate feasts, having fiddlers, Stage-players, and ministers of all sorts of pleasures almost about him: with which vices the Nobles of Scotland being offended, admonished him of his duty. But he proudly centemning them, wished them to look after other matters, saying, he had council enough from others, and that they should lay aside their false hope, that they could reclaim the King by their Council. On the contrary he was of so poor a dejected Spirit towards his enemies, that he not only granted them peace, but remitted them injuries, and restored them Castles as soon as they demanded them. Which caused the Picts and Scots to consult together to depose him by force of Arms; from which Douglasse dissuaded them for the present, by reason of their foreign wars with the Britan's and Saxons: In the end, he was slain for ravishing a Nobleman's daughter in the 15. year of his Reign. King Goran was slain by the people for favouring Tow●er chief Inquisitor or judge of capital causes, who much oppressed the people; his children being young, Hugonius succeeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the son of King Goran reigned. Ferquhard the 52. King of Scots a crafty man, desiring to turn the Kingdom into a tyranny, nourished great divisions among the Nobles; but they discovering his malice privilyenter into an accord among themselves, and calling a Parliament, summoned him thereunto: who refusing to appear, keeping within his Castle; they thereupon took it by force, and brought him to judgement against his will; where many and grievous crimes, among others, his cruelty and negligence in the affairs of the Commonwealth; the Pelagian Heresy, with contempt of Baptism, and the other Sacraments, were objected against him; of none whereof he being able sufficiently to purge himself, was cast into prison; where, out of shame and sorrow, he slew himself. Ferquhard the second, a man polluted with all kind of wickedness, an unsatiable desirer of wine and money, inhumanely cruel towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at last turned his fury against his own, slaying his own wife, and ravishing his own daughters: for which wickednesses he was excommunicated: but the Nobles willing to assemble together to punish him, Gra●ton par● 7. p. 125. 126. 130. 131. Buch. l. 5. p. 162. 163. 165. l. 6 p. 173. 175 176. 183. 184. 186. 187. 188. 189. 196. 197 198. etc. 200. 201. were dissuaded by holy Bishop Colman, who told the King openly, that some Divine judgement would shortly seize upon him, which ●ell out accordingly, for falling into a Fever, and not abstaining from his intemperance, he was eaten up of louse. Maldwin 55. King of Scotland was strangled by his Queen, for suspicion of Adultery with an Harlot; for which fact she herself was burned 4 days after. Amberkelethus a vicious wicked king, was slain by one of his own men, with an arrow in the night, when he was marching against the Picts; whereupon, lest the Army should be dissolved or left without a General, Eugenius the 7th was presently chosen King in the Tents: who making peace with the Picts, his wife being slain in his bed by two conspirators who sought his life, the king being suspected of this murder was thereupon imprisoned; but before his trial set at liberty, by the apprehension of the Murderers. King Eug●nius the 8th, rushing into all Vices, and neither regarding the admonitions of his Nobles or Clergy, was for his filthy lusts, covetousness, and cruelty, slain in the assembly of his Lords by their general consent, and his companions in wickedness and villainy hanged, which was a grateful spectacle to the people. Fergusius the third succeeded him both in his Crown and Vices; he was a foul drunken glutton, and so outrageously given to Harlots, that he neglected his own wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this disgrace, she murdered him in his bed, and afterwards slew herself also. Donald the 70 King of Scotland, gave himself wholly to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realm, by which he corrupted the youth of the kingdom: which the ancients of the Realm discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Whereupon the Nobles fearing, lest this filthy and slothful man, who would neither be amended by the counsels of his friends, nor calamities of his people, should lose the remainder of the Kingdom which was left, cast him into prison; where for grief of his inhibited pleasures, or fear of public shame, he laid violent hands upon himself. Constantine the second was inhibited by his Senators to make war before he had reform the corrupted youth of the Realm by good Laws; after which he was slain in battle by the Danes. King Ethus his brother and successor polluting himself with all vices, and drawing all the youth of the Country (prone to wickedness) with him, he was thereupon seized on by the Nobles; who making a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdom, and died in prison of grief, within three days after, Gregory being made King in his stead. Constantin● the third turning Monk, Malchombe was elected king, who was slain by the conspiracy of thiefs; whose son Duffus being an infant, Indulfus enjoyed the Crown; to whom Duffus succeeding, was murdered by Donald: whereupon a Parliament was assembled to choose a new King, which elected Culenus: who at last degenerating into all licentiousness, ravished Virgins, Nuns, yea his own sisters and daughters, and set up a kind of public stews. For which being reprehended by the Nobles, he excused part by reason of his youth, part by reason of ●eare, and acknowledging his sorrow for the residue, promised amendment. But he not reforming upon their adm●nitions, they departed from Court, that they might neither be witnesses no● partakers of his vices: The king freed of their troublesome company gave himself wholly to feasting and venery, spending nights and days in dishonest sports and pleasures with his dissolute companions; and to maintain his luxury, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sickness, which made him a deformed carcase, fit for nothing but to suffer the penalties of his vicious life, his Courtiers and companions spoiling the people every where in the mean time. Whereupon the N●●les were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the public safety in this precipitate State of things: with which ●ommons being awaked, he began to consult with his companions, what was best to be done for his own ●afety in these exigen●s: being unable to resist or flee, he resolved to go to the Parliament, hoping to find some mercy there for his good father's sake, to preserve him from falling into extreme misery▪ but in his way thither he was slain by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with less labour than they expected: and Kenneth the third was made King in his place: who poisoning his Nephew Malcolm, heir to the crown after his decease, to settle it on his own posterity, he caused the Lords in Parliament to repeal the ancient Law whereby the Crown descended to the next of kin during the minority of the right heir; and to enact, that the son should 〈◊〉 thenceforth inherit the crown next after his father, through a Minor; that the Realm during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 years of age; and after that by a Guardian elected by himself; that if the King's eldest son died having issue, the issue should inherit, before the second brother, etc. After which, the King generally hated for the poisoning of Malcolm, was slain by the practice and command of Fenella. He thus cut off Const●ntine surnamed the bald, son of Culen, pretending the new Law concerning the descent of the Crown to be unjust, obtained by force, and contrary both to the public liberty and safety; to wit, that an in●ant (commonly governed by a woman) being unable to govern, or repulse an enemy in times of danger, yea a curse of God upon a Realm, and therefore not to be endured or settled by a Law, especially in those time of war, when they had so many enemies) should be preferred before a Kinsman of full age, fit to reign; so ambitiously sought the Crown and made so many friends, that he procured himself to be proclaimed King at Scone; which Malcolm son of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which being conducted by his brother Kenneth, Constantine and he in the second encounter were both slain one of another. After whose death Grame the son of Duffus usurping the Crown, when he and Malcolm were ready to encounter with their Arms, this agreement was made between them by Forthred a Bishop, that Grame should retain the Kingdom, and the new Law of succession be suspended during his life; and Malcolm succeed him after his death. After which Grame giving himself to all dissoluteness, covetousness and oppression, and warring upon those Nobles and Councillors, who advised him to reform his evil courses, with greater cruelty than any foreign enemy, destroying both men, towns, cattle, fields, and making all a common prey; hereupon they called in Malcolm out of Northumberland to assist them, who encountering Grame, on Ascention day, took him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soon after dying of sorrow and his wounds; Malcholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his father's reign, was ratified by all their conse●ts: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Book, as the occasion and increase of all those mischiefs both to King and Kingdom, which it was purposely made to prevent. This Malcolm, after he had reigned long victoriously with much honour, in his declining age, growing very covetous, took away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so severely, that he brought many of them to death, others to extreme poverty; which injuries lost him all his love, honour, and so far exasperated the people▪ that partly out of revenge, partly to prevent further oppressions and to provide for their own security, corrupting his servants with money, they seat their agents into his chamber in the night, and slew him. Not to mention the murder of King Buch. l. 7. p. 213. to 230. Duncan by Machbed, who usurped his Crown through his pusillanimity; this Machbed, omitting no kind of libidinousnesse, Heylins' Geogr p. 507. 508. cruelty, and tyrannising over the people for 18 years' soac● together, trusting to the predictions of certain wizards, that he should neve● be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slain by any man borne of a woman. At last macduff governor of Fife joining himself to some few patriots who had escaped this Tyrant's sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keep them from discovery, took Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to ●ight ●p macduff, to whom the Tyrant replied in scorn, that in vain he attempted his death, for it was his destiny never to be slain by any man borne of a woman: Now then said macduff, is thy fatal hour come, for I never was borne of a woman, but violently cut out of my mother's womb, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slain, and Malcolm Conmer the true heir of the Crown, seated in the Throne. King Donald being odious and cruel to his subjects, they sent for Duncan Malcombes bastard, who expelled him the Realm, and was created King in his steed; who proving harsh, cruel, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earl of Murry, corrupted with money by Donald to murder him. Donald permitting the Isles to be taken and possessed by Magnus' King of Norway, and suffering his Realm to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes son, to take possession of the Crown, who entering into Scotland with small forces, Donald being deserted by his people, betook himself to flight, but being apprehended and brought back to Edgar, he was cast into prison, and not long after died. King Malcolm▪ the fourth, at a Parliament at York parting with divers of his Crowne-lands to King Henry without his people's consents so far incurred their hatred, that upon his return they besieged him at Barwick, and almost took him prisoner, but by the mediation of some of his Council, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crown land, they resolved to recover it by war: the Scottish Nobility affirming, that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encounters making a peace with the English upon unequal terms, wherein he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent; hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Arms and Rebel against him. Bu●h. l. 8. p. 250. Wal●ing. Mat. Westm. Fabian Holin. Speed, Graft. Daniel in the life of K. Edw. the 1. Wal●ingham Ypodigma p. 79. After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realm, during the Inter-regnum● where first of all they appointed six men to rule the Realm for the present, and then heard and discussed the several Titles pretended to the Crown, the final determination whereof, they referred to King Edward the first of England▪ as to the Supreme Sovereign Lord of the Realm: who selecting 12. S●ottish, and 12. English Councillors to assist him; After full hearing, by general consent of all, adjudged the Crown to john Baylioll, husband to King Alexanders ●ighest Kinswoman: The Scots considering his simplicity and unaptnes to govern them, and scarce confiding in him being an Englishman, and elected by the K. of England, constituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earls, and 4. Lords, by whose advice the King and all the affairs of the Realm, were to be governed and directed: He was taken and kept prisoner by the English Buchanan l. 9 10. 11. 12. p. 291. 334. etc. 412. 413. . After the death of Robert Bruce, the Scots before their King was crowned, created a Viceroy to govern the Realm, who suppressed the thieves, and Robbers: Edward Bayliol son to john Bayliol succeeding Bruce, was afterwards rejected and deposed by the Scots, for adhering too closely to the English & K. Edward, and David Bruce elected K. in his place. Robert the 2d. of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented there unto, but his Nobles being against it, his assent alone was in vain; because the King of Scotland alone, can make no firm peace nor truce, nor promise which shall bind, but by public consent in Parliament. King Robert the 3d. dying of grief, for the captivity and imprisonment of his Son james, taken prisoner by our King Henry the 4th. as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Viceroy, till james the (first of that name) right heir of the Cowne, were enlarged. james being freed and Crowned, summoned a Parliament, wherein an aid was granted him to pay his ransom, with much difficulty: he had many Civil wars with his Subjects, and at last was murdered by Robert Grame and his confederates, from whom he received 28. wounds in his Chamber in the night, whereof he presently died. james the 2. his son, being but 7. years old at his death, Alexander Leviston was chosen Protector, and William Crichton made Chancellor by Parliament; Which the Earl Douglas storming at, committed many insolences in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and commanding that none should obey him, the Chancellor thereupon fortified Edinburgh Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be settled: which lasting very long by reason of Earl Douglas his ambition, power, and covetousness, who raised many grievous civil wars, he was at last stabbed to death by the King himself, Anno 1452. contrary to his promise of safer conduct to the Court, under the Kings and Nobles hands and seals: Whereupon his brethren and Confederates, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses tail, which they led through the streets of Sterling, railing at the King and his Council as they went, and when they came into the market place (where they had 500 trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Town, Country, with all places else that were firm to the King; between whom and the king's party, a bloody civil war (to the spoil of the Country) continued above two years' space with various success; till at last with much difficulty this fire was extinguished and the King casually slain with the breaking of a Cannon: whose son james the 3. being but 7. years old, was proclaimed king in the Camp, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon the Buchanan l. 12. p. 417. to 430. 441. to 456. Heylin p. 510. Oration of Kenneth Archbishop of Saint Andrew's showing the Inconveniences and unfitness of a woman's Government, they Elected 6. Regent's to govern the King and Realm during his minority. After which Bodius was made Viceroy: This king being seduced by ill Courtiers and Councillors which corrupted him, thereupon divers of the Nobles assembling together, resolved to go to the Court, to demand these ill Councillors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and every one strave who should be forwardest to do this execution. The king promising reformation, was dismissed; but in steed of reforming he meditated nothing but revenge, blood and slaughter in his mind; and plotting secretly to murder the Nobles in Edenburg, by the help of Earl Duglasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired only his reformation, took up Arms to destroy him, as one incorrigible and implacable; whereupon they made the King's son Viceroy, and knowing the king's perfidiousness, would yield to no terms of peace, unless he would resign up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemy. After which calling a Parliament, they created his son james the fourth king; who coming under the power of the Duglasses, rescued himself at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favourite, General, the Scottish Nobility took it in such indignation, that they threw down their weapons and suffered themselves to be taken prisoners; whereupon the king growing sick with grief and anger, soon after died. Buch. l. 16. to the end of 20. Holin. Chytr. Chron. Saxon. l. 21. p. 640. 641. 64●. 836. Speed, in the life of Queen Mary, and Queen Elizabeth Cambdens Elizabeth, and others. See Knocks his History of Scotland. Anno. 1555. Marry the Daughter of king james the sixth of Scotland, and heir to the Crown, being within age, her mother Queen Mary, by common consent was made Regent, and she by common consent and council of the Nobles, married to Francis Dolphin of France. In the mean time there happening some troubles and wars about the reformed Religion, which many of the Nobles and people there contended for; the Queen Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 months, she in the mean time sends for Soldiers out of France, wherewith she endeavoured to suppress Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties, by a common decree in Parliament, deprived the Queen Mother of her Regency, make a league with our Queen Elizabeth, being of the reformed Religion, and receiving aid both of men and money from her, besieged the Queen Mother in Edinburgh Castle, where she died of grief and sickness. After which they expelled the French, and procured free exercise of the Reformed Religion. In the mean time Francis dying, the Queen sends for Henry Steward out of England, where he and his Father had been Exiles; marries and proclaim him king, july 29. 1564. which done, she excluded the Nobility from ●er Counsels, and was wholly advised by David Ritzius, a Suba●dian, whom she brought with her out of France, and did all things by his Council; wherewith the Nobles being much discontented, finding him supping with the Queen in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stabbed him to death, Anno. 1565. The Queen soon after was delivered of a son and heir, james the 6. and then admits james Hepburne Earl of Bothwell into most intimate familiarity with her, setting him over all affairs of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward being dead, (whether of a natural death or poison is yet in controversy) she married Bothwell openly, without the Lords and Parliaments consents. Hereupon the Nobles took up arms against Bothwel and the Queen, besieged the Queen till she rendered herself prisoner, upon this condition; that she should abjure and resign her interest in the Crown and Kingdom to her infant son; which they compelled her to perform, and appointed james Earl of Morton Viceroy, and Protector during the King's Minority. In the mean time the Queen was committed prisoner to the Castle of the Isle of the Lake Levine; where corrupting Duglasse her keeper, the Earl of Mortons' Nephew, and a shipmaster, she escaped to the Hamilt●ns in safety, who having raised Forces to free her, waited her coming on the shore: But the Viceroy scattering these forces soon after, the Queen thereupon fled into England. Anno. 1568. Where Queen Elizabeth taking her expulsion ill, laboured that she might be restored to the Crown, which could not be effected, but by Arms, or mediation; and neither of them without knowledge of the cause. Whereupon the Queen sent for the Viceroy and Council of Scotland into England, to answer the complaints of their Queen against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latin and English,) wherein they showed the grounds and order of their proceedings against their Queen; wherewith the Queen and Council were satisfied, that they had proceeded rightly and orderly: yet to keep both sides in suspense, she pronounced no definitive sentence: The Viceroy departing into Scotland, was afterwards murdered by the hamilton's, and Matthew Steward Earl of Len●ux made Viceroy in his steed. The Queen in the interim treated with Thomas Howard Duke of Nerthfolke, about a match with him, and to seize upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queen Elizabeth's death, &c▪ and for it beheaded at Fotherringham Castle, Feb. 8. 1587.▪ The History of which Queen's life is more at large related by Rerum. Scot Hist. l. 15. 16. 17. 18. 19 20. Buchanan and others; and her imprisonment and Deposition professedly justified as lawful by his Treatise, De jure Regni apud Scotos (compiled for that purpose) to which I shall refer the Reader. What th● Lords and Realm of Scotland have done within these 5. years last passed in defence of their Religion Laws, Liberties, by holding general Assemblies, Parliaments, taking up arms, seizing the Forts and Ammunition of the Realm, and marching into England, against the King's consent and Proclamations, is so fresh in memory, so fu●ly related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himself; and in particular Histories of this Subject, that I shall not spend time to recite particulars, but will rather conclude from all the premises with the words of Rerum Scot l. 20. p. 746. 747. Buchanan; The Ancient custom of our Ancestors in punishing their Kings, suffers not our forcing of the Queen to renounce her right unto the Crown to her son, to seem a Novelty; and the moderation of the punishment, shows it proceeded not from envy: for so many Kings punished with death, bonds, banishment by our Ancestors, voluntarily offer themselves in the ancient Monuments of Histories, that we need no foreign examples to confirm our own act: For the Scottish Nation, seeing it was free from the beginning, created itself Kings upon this very Law, that the Empire being conferred on them by the suffrages of the people, if the matter required it, they might take it away again by the same suffrages; of which law many footsteps have remained even to our age: for in the Islands which lie round about us, and in many places of the Continent, wherein the Ancient language and constitutions have continued, this very custom is yet observed in creating Governors: likewise the Ceremonies which are used in the King's inauguration have also an express image of this Law; out of which it easily appears, that a Kingdom is nothing else, but the mutual stipulation between the people and their Kings: the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law, preserved from the very beginning of reigning among the Scots even unto our age; when as no man in the mean time hath attempted, not only not to abrogate this Law, but not so much as to shake it, or in any part to diminish it: Yea, whereas our Ancestors have deprived so many Kings as would be tedious to name, of their Realm; condemned them to banishment, restrained them in prisons, and finally punished them with death, yet there was never any mention made of abating the rigour of the Law; neither perchance undeservedly, since it is not of that kind of Laws which are obnoxious to the changes of times, but of those engraven in the minds of men in the first original of mankind, and approved by the mutual consent well-nigh of all Nations, which continue unbroken and sempiternal together with the Nature of things, and being subject to the commands of no man; domineer and rule over all men. This law (which in every action offers itself to our eyes and minds, and dwells in our breasts will we, nill we) our Ancestors following, were always armed against violence, and suppressed the unruliness of Tyrants. Neither is this Law proper only to the Scots, but common to all well-ordered Nations and People: as the Athenians, Lacaedemonians, Romans, Venetians, Germans, Danes: which he there manifests by examples. So that I may hence infallibly determine, the Realm, Parliament, and Nobles of Scotland, collectively considered, to be the Sovereign power in that Realm, superior to the Kings themselves: from whom I shall proceed to Scripture Precedents, in the Kings and Kingdoms of the Gentiles, Israel, and judah, recorded in Scripture. The Kings of the Gentiles, Israel, and judah. Now lest any should object, that all the forecited Examples and Authorities are but humane, and no convincing evidences to satisfy the Conscience, That whole Kingdoms, States, and Parliaments are above their kings, and of greater power than they, I shall therefore (to close up this Postern Gate of Evasion) conclude with Scripture Presidents, ratifying this truth beyond all contradiction. To begin with Heathen kings and States therein recorded. I read in the 1 Sam. 29. and 1 Chro. 12. 19 That when David with his men offered to go with Achish and the Philistines against King Saul (his Sovereign) and the Israelites to Battle, and passed on in the rearward with Achish; the Princes of the Philistines seeing it, said, What do these Hebrews here? To whom Achish answered, Is not this David the servant of Saul King of Israel, which hath been with me these years, and I have found no fault in him since he fell unto me unto this day? Hereupon the Princes of the Philistines were wroth with him, and taking advice together, said to their King Achish, Make this fellow return that he may go again to his place which thou hast appointed him, and let him not go down with us to Battle, lest in the Battle he be an adversary to us; for wherewith should be reconcile himself to his Master? should it not be with the Heads of these men? Is not this David, of whom they sang one to another in dances, saying, Saul slew his thousands, and David his ten thousands? Then Achish called David, and said unto him, Surely as the Lord liveth, thou hast been upright, and thy going out and coming in with me in the Host is right in my sight, for I have not found evil in thee since the day of thy coming; nevertheless the Lords favour thee not; wherefore now return and go in peace, that thou displease not the Lords of the Philistines. And when David replied, What have I done, etc. that I may not fight against the Enemies of my Lord the King? Achish answered him, I know thou art good in my sight as an Angel of God, notwithstanding the Princes of the Philistines have said, HE SHALL NOT GO UP WITH US TO BATTLE; wherefore rise up early in the morning with thy Master's servants that are come with thee, and assoon as ye have light, depart; whereupon they returned. Here we see the Lords of the Philistines did peremptorily overrule their king against his will, who durst not contradict them; therefore they had a Power superior to his: as will further appear by 1 Sam. 5. 7▪ 8, 9, 10, 11. and ch. 6. 1, to 13. where when the Ark of God was taken by the Philistines, the Lords and People of the Philistines (not the King) met, consulted, and ordered, how it should be removed from place to place, and at last sent it back again. So Ahasuerus the great Persian Monarch, was advised, overruled by his Council of State, as appear by the case of Queen Vashti, Ester 1. and what his Princes thought meet to be done, that he decreed and proclaimed, verse 19, 20, 21, 22. So Artax●rxes king of Persia did all things of moment, by the advice of his Counsellors and Princes, Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon, (Dan 3. 2, 3. 24. chap. 4. 32, to 36.) was for his pride driven from men, put to eat grass with Oxen for aspace, till he knew that the most High ruleth in the Kingdoms of men: After which his understanding and reason returned to him, and the glory of his Kingdom, and his Councillors and Lords sought unto him, and established him in his Kingdom, he being overruled and counselled afterwards by them. So Daniel 6. Darius' King of the Medes and Persians, was overruled by his Lords and Princes, even against his will, to Sign a Decree, and to cast Daviel into the Lion's Den for breach of it; and though the King were sore displeased with himself for Signing this Decree, and set his heart on Daniel, and laboured till the going down of the Sun to deliver him; yet the Princes assembling and telling the King, Dan. 6. 14. to 20. Know O King, that the Law of the Medes and Persians is, that no Decree nor Statute which the King establisheth, (by the advice of his Nobles) may be changed, (to wit, by the king alone, without their advice: a clear evidence, that the greatest Persian Monarches were subject to the Laws of their Kingdoms, as well as other Princes;) Whereupon the King commanded, and they brought Daniel and cast him into the Den of Lions, and a stone was brought and laid upon the mouth of the Den, and the King Sealed it with his own Signet, and with the Signet of the Lords, THAT THE PURPOSE MIGHT NOT BE CHANGED concerning Dani●●. Here this great king was even against his will constrained to be subject both to his Laws and Lords. The like we read of Pharaoh king of Egypt, Exod. 1. 8, 9, 10, 11. who consulted with his people how to oppress the Israelites, as being unable to do it without their consents. And Exod. 10. Pharaohs Councillors and Lords, (after sundry Plagues on the Land) said unto him, How long shall this man (Moses) be a snare unto us? Let the men go that they may serve the Lord their God; Knowest thou not that Egypt is destroyed? Whereupon Moses and Aaron were brought before Pharaoh, who said unto them, Go serve the Lord your God. And Esay 19 11. to 16. Surely the Princes of Zoan are fools, the counsel of the wise Counsellors of Pharaoh is become brutish: They have also seduced Egypt, even they that are the stay of the Tribes thereof. They then had an overruling power above their kings. So the great King of Nineveh, ●onah 3. 7, 8, 9 proclaimed and published a general fast throughout the City, by the Decree of the King, and of his great men, making no public Laws, but by their advice and assents. In like manner we read in the 2 Sam. 5. 3, 4, 5. That the Princes of Hanun King of the Ammonites co●selled and overruled him (out of overmuch suspicion) to abuse David's messengers sent to him in love. And in the 1 Kings 22. 47. There was then no King in Edom, a Deputy was King; the kingdom appointing a Deputy then to rule them in stead of a king, and giving him royal authority: And in the 2 Kings 8. 22. 2 Chron. 21. 8. In the days of joram, Edom revolted from under the hand of judah (which had conquered it) and MADE A KING OVERDO THEMSELVES: and though joram smote the Edomites, who encompassed him, yet they revolted from under the hand of judah till this day: The electing and constituting of a king being in their own power. See Gen. 23. 3. to 20. and c. 34. 20. to 25. to like purpose. These being all Pagan Kings and States, I come to the Israelites themselves; wherein for my more orderly proceeding, and refutation of the many gross erroneous Assertions of * Court Doctors and Royalists touching the estate and Sovereignty of their Kings, whom they would make the world believe to be absolute Monarches, subject to no Laws, to derive all their royal authority from God alone, and no ways from the people; to be merely hereditary and elective, to be above all their people, irresistible in their Tyrannical wicked proceedings, and no ways subject to their Realms and Congregations overruling control, much less to their defensive oppositition or deprivation; I shall digest the whole History of their Kings and Kingdoms jurisdictions and power into these ensuing propositions, which I shall clearly make good out of Scripture, as I propound them in their order. First, That the original Creation and Institution of the Israelites Kings and Kingdoms proceeded only from the power and authority of the people, and that solely by Divine permission, rather than institution; This is most apparent by Deuter. 11. 14, 15. When thou art come unto the land which the Lord thy God giveth thee, and shall possess it and dwell therein, and shalt say, I WILL SET A KING OVERDO ME, like as ALL THE NATIONS THAT ARE ABOUT ME; THOU SHALT in any wise SET HIM KING OVERDO THEE, whom the Lord thy God shall choose; one from among thy brethren SHALT THOU SET OVERDO THEE, THOU MAYST NOT SET A STRANGER OVERDO THEE, which is not thy Brother. Where God himself by way of See Cunaeus de Repub. Heb. l. 1, c. 14. prophecy of what afterwards should come to pass, expressly declares, first, that the primary motion of changing the government of the Iew● from judges and an Aristocracy into a Kingdom, should proceed from the people's inclination, as the words, and shalt say, I will set a King over me, etc. import. Secondly, that the authority to change the Government into a Regality, to create and make a King, resided in, and the authority of the King proceeded merely from the people, as the words, I will set a King over me, Thou shalt set him over thee; (four times recited in two Verses;) manifest beyond dispute. Thirdly, that all Nations about them who had Kings, had the like power to create and make their kings, as the words, Like as all the Nations that are about me, witness. All which is evicently confirmed by josephus, Antiqu. judaeorum, l. 4. c. 8. by Carolus Sigo●ius de Repub. Hebraeorum, l. 7. c. 3. Bertram, Cunaeus, Ius. Regiu●● Heb. Schikardus, and See Steph. junius Brutus. Vindic. Contra Tyrannos, q 3. p. 83. to. 92. De jure Magistr. in Subditos, p. 272▪ 273. divers Commentators on this Text: The History of the change of their State into a Kingdom, and of their judges into kings added to this Prophecy and precept, will leave no place for any scruple. We read in the 1 Sam. 8. that the people growing weary of samuel's government who judged them, by reason of the ill government of his sons, who took Bribes, and perverted judgement; thereupon ALL THE ELDERS OF ISRAEL GATHERED THEMSELVES TOGETHER, and came to Samuel unto Ramah, and said unto him, Behold, thou art old, and thy sons walk not in thy ways, now MAKE US A KING TO JUDGE US LIKE ALL THE NATIONS: But the thing displeased, Samuel, when they said, Give us a King to judge us; and Samuel prayed unto the Lord; And the Lord said unto Samuel, HARKEN UNTO THE VOICE OF THE PEOPLE IN ALL THAT THEY SAY UNTO THEE; for they have not rejected thee, but they have rejected me that I should not reign over them; According to all the works that they have done since the day that I brought them out of Egypt, even unto this day; wherewith they have forsaken me, and served other gods, so do they also unto thee: Now therefore hearken to their voice; howbeit, yet protest solemnly unto them, and show them the manner of the King that shall reign over them. And Samuel told all the words of the Lord unto the people that asked of him a King; and he said, This will be (not aught to be) the manner of the King that shall reign over you, he will take your sons, and appoint them for himself, etc. and ye shall be his servants▪ and ye shall cry out in that day because of YOUR KING WHICH YE SHALL HAVE CHOSEN YOU, and the Lord will not ●ear you in that day. Nevertheless, the people refused to obey the voice of Samuel, and they said, Nay, BUT WE WILL HAVE A KING OVERDO US, that we also may be like all the Nations, and that our King may judge us, and go out before us, and fight our battles. And Samuel heard all the words of the people, and rehearsed them in the ears of the Lord: And the Lord said unto Samuel, Harken unto their voice, and make them a King. After which, when God had appointed Saul to be their King, 1 Sam. 12▪ 12, 13, to 20▪ Samuel called the people together unto the Lord in Mizpeh, and recapitulating the great deliverances God had done for them, added, And ye have this day rejected your God, who himself saved you out of all your adversities and tribulations, and ye have said unto him, Nay, BUT SET A KING OVERDO US, etc. And Samuel said unto all the people, See ye him whom the Lord hath chosen, that there is none like him among all the people? And all the people shouted and said, God save the King. After which he 1 Sam. 12. 12, 13. to 20. expostulated again with them thus, And when ye saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, BUT A KING SHALL REIGN OVERDO US, when the Lord was your King; Now therefore behold the KING WHOM YE HAVE CHOSEN, AND WHOM YE HAVE DESIRED, etc. that ye may perceive and see that your WICKEDNESS is great which ye have done in the sight of the Lord, IN ASK YOU A KING. And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for we have added unto all our sins this evil, TO ASK A KING. Which compared, with Host 13. 10, 11. I will be thy King, where is any other that may save thee in all thy Cities? and thy judges of whom thou saidst, GIVE ME A KING AND PRINCE'S? I gave thee a King in mine anger, and took him away in my wrath: with Acts 13. 21. And afterward THEY DESIRED A KING, and God gave them Saul the son of Cis, by the space of forty years. All these concurring sacred Texts will infallibly demonstrate, that this change of the judges into Kings, and the original creation of their Kings and kingdoms proceeded only from the importunity and authority of the people, who would not be gainsaid herein, not from God's institution, or samuel's approbation, who censured and disavowed this their motion, though they at last condescended to it; all which is elegantly related, confirmed by josephus, Antique. judaeorum, l. 6. c. 4, 5, 6, 7. By all this it is apparent, that the congregation and people of the jews had the Sovereign power in themselves, as well as other Nations, because the authority to alter the whole frame of their former Aristocratical Government into a Monarchy, resided in them, though they were taxed forchanging it in samuel's days, who had so justly, so uprightly judged them. Secondly, it is apparent, that the judges and kings of the Israelites were not properly hereditary, but oft elective by the people: and though God did sometimes immediately nominate the persons of those that should reign over them, as is apparent by Saul, David, jeroboam, jehu, others; yet the people did constantly confirm, make them kings, and gave them their royal authority, none being made kings by Divine appointment, but such as they willingly accepted, approved, confirmed for their kings; Gods previous designation being but a preparative to their voluntary free (not restrained or limited) election. The first king among the Israelites (though but over part of them) was Abimelech the son of jerubbaal, who was made king by the people's election, judges, 9 1, to 7. who having persuaded those of Sechem to elect him for their king, thereupon ALL THE MEN of Sechem gathered together, and ALL THE HOUSE of Millo went and MADE ABIMELECH KING: whence jotham thus upbraided them and him, Verse 14. to 19: Then said all the trees unto the Bramble, come thou and reign over us: And the Bramble said unto the trees, If in truth ye anoint me king over you; thèn come and put your trust in my shadow, etc. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING, &c And that ye have risen up against my father's house this day, and have MADE Abimelech king, etc. We read judg. 8▪ 21, 23. that after Gideon had slain Zebab and Zalmunna, with the Midianites, The men of Israel said unto Gideon, Rule thou over us, both thou and thy sons, and thy son's son also, for thou hast delivered us from the hand of Midia●. And Gideon said unto them, I will not rule over you, neither shall my son rule over you▪ the Lord shall rule over you. Where we clearly see, the power and right to elect a Ruler, and to limit the government to him and his Issue, for three Generations only, to reside in the people's free election. So judges 10. 17, 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead, the people and Princes of Gilead said one to another, What man is he that will begin to fight against the children of Ammon, he shall be Head over all the Inhabitants of Gilead. And the Elders of Gilead went to fetch jephthah out of the Land of Tob, and said unto him, Come and be our Captain that we may fight with the Children of Ammon, and be our Head over all the inhabitants of Gilead: Upon promise of which dignity, he went with them to Gilead; and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVERDO THEM. That the election and making of their Kings belonged of right to all the people, is past dispute, being so resolved by God himself, Deuter. 17. 14, 15. When thou art come into the land, etc. and shalt say, I WILL SET A KING OVERDO ME, like as all the Nations that are about me, THOU shalt in any wise SET HIM KING OVERDO THEE whom the Lord thy God shall choose; one from among thy Brethren shalt THOU SET OVERDO THEE, THOU MAYST NOT SET A STRANGER OVERDO THEE: Where the power of creating and electing the King, is left wholly to the people's free choice, with these general restrictions, that he should be one of their brethren, not a stranger, and particularly qualified as is there expressed. And though God did sometime design and nominate their Kings, yet he left the power of approbation and ratification of them free to the people, as is apparent by 1 Sa. 8. 18. And ye shall cry in that day, because of the King WHICH YE SHALL HAVE CHOSEN you. Hence Saul their first King, though nominated and designed by God and Samuel, was yet approved, confirmed and made King by the People, Who shouted and said, God save the King, when Samuel presented him to them; 1 Sam. 10. 24. 1 San. 11, 12, 13, 14. But the children of Belial despising and bringing him no presents, Verse 27. after Saul had conquered the Ammonites, who besieged jabesh Gilead; The people said unto Samuel, who is he that said, Shall Saul R●ign over us? bring the men that we may put them to death. Then Saul said, There shall not a man be put to death this day; for this day the Lord ha●h wrought salvation in Israel. Then said Samuel to the people, Come let us go to Gilgal, and renew the Kingdom there. And ALL THE PEOPLE went to Gilgal, and there THEY MADE SAUL KING before the Lord in Gilgal: Where Samuel useth this speech to the people, concerning Saul, 1 Sam. 12. 13▪ Now therefore behold THE KING WHOM YE HAVE CHOSEN, and whom Ye have desired, the Lordhath set a King over you: (so that the choice and election of him, was as well theirs as Gods:) And Verse 25. he calls him Your King, because chosen and made by, as well as for the people. Saul being slain by his own hands, the Crown descended not to his son by way of descent, but David succeeded him by God's designation, and the People's election too, by whose authority he was made and crowned king, being formerly 1. Sam. 16. 1. to 14. anointed by Samuel to succeed Saul. This is irrefragable by the 2 Sam. 2. 4. Where David going up to Hebron by God's direction, the men of judah came, and there They Anointed David King over the House of judah. After which 2 Samuel. 5. 1. to 5. ALL THE TRIBES OF ISRAEL came to David to Hebron, and spoke saying, Behold we are thy bone and thy flesh. Also in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel; And the Lord said to thee: Thou shalt feed my people Israel, and thou shalt be a Captain over Israel. So ALL THE ELDERS of Israel came to the King at Hebron, and King David made a League (or Covenant) with them before the Lord; and THEY ANOINTED DAVID KING OVERDO ISRAEL. And in the 1 Chron. 12. 23. to 40. We have a particular recital of the numbers of the bands that were ready armed to the War, and came to David to Hebron to TURN the Kingdom of Saul TO HIM; and came with a perfect heart to Hebron TO MAKE DAVID KING OVERDO ALICE ISRAEL; and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING: Whose title to the Crown being afterward▪ shaken by his son Absalon, who cunningly usurped it, (and that by the election of the people too; as is evident by Hushai his speech unto him, 2 Sam. 16. 18. Nay, but whom the Lord, and THIS PEOPLE, AND ALL THE MEN OF ISRAEL CHOOSE, his will I be, and with him I will abide, compared with 2. Sam. 29. 9, 10. And all THE PEOPLE were at strife thorough all the Tribes of Israel, saying; Absalon whom WE ANOINTED OVERDO US is dead, etc. A clear evidence the kingdom was then held elective, and that the people had the Sovereign power of electing and creating their kings;) 2 Sam. 19 9 to 43. all the people throughout all the Tribes of Israel and the men of judah, to re-establish David in his Throne, being fled out of the Land, sent this Message to him; Return thou and all thy servants: Whereupon the King returned, and all the Tribes went as far as jordan to meet and bring him back again to Gilgal. David growing old, his son 1 King. 1. 5. to 13. Adonijah, against his consent, accompanied with some great Officers and Courtiers of his party, usurped the Crown, and was by them saluted King; but David hearing of it, by God's election and choice, commanded Solomon (though not his eldest son) to be anointed and proclaimed King, and to sit upon his Throne in his life time: As soon as he was anointed and the Trumpet blew; ALL THE PEOPLE said, 1 Chron. 23. 1. c. 28. 5, 6, 7, 8. c. 29. 1, 2. God save king Solomon. And ALL THE PEOPLE came up after him, and piped with flutes, and rejoiced with great joy, so that the earth rend with the sound of them; So that all Adonijah his company forthwith deserted him, and he and joab were glad to flee to the horns of the Altar for shelter. After which, David assembled all the Princes of Israel, the Princes of the Tribes, the Captains of Companies, thousands and hundreds, the Stewards, Officers, and mighty men, with all the valiant men of his kingdom, to jerusalem; then he declared to all the Congregation, that God had chosen Solomon to sit upon the Throne of the kingdom of the Lord over Israel, 1 Chron. c. 28. & 29. and to build him an house, etc. exhorting them to contribute liberally towards this building, which they did; and when they had blessed the Lord, and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the son of David KING THE SECOND TIME, AND ANOINTED HIM unto the Lord, TO BE THE CHIEF GOVERNOR (his first Coronation being but private without the presence and consent of the whole Realm, 1 Chron. 29. 20. to 26. but of those only then present in jerusalem:) Then Solomon sat on the Throne of the Lord, as king, instead of David his Father, and ALL ISRAEL OBEYED HIM; and all the Princes, and mighty men, and likewise all the sons of David submitted themselves to him as their king: after he was thus generally elected and crowned king the 2. time by all the Congregation. And after David's death, he was 2 Chron. 2. 1. 1 King. 2. 46. established and strengthened in his kingdom by the people's voluntary admission and free submission to him. From which History of Solomon it is clear. 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation; yet he thought that title not sufficient without a second Election, admission, and Coronation of him by all the People and general Congregation. 2. That till this his second inauguration by all the people, he was not generally acknowledged, nor obeyed by all as their lawful king. 3. That Gods and David's designation of Solomon to the Crown, did not take away the people's liberty, right and power, freely to nominate, make, and choose their kings; their previous designation being thus accompanied with this tacit condition, that the people likewise should freely elect, constitute, and crown him for their king, else what need of this their subsequent concurrent acceptance and second coronation of him for their king, by all the congregation, if their consents and suffrages were not necessary? or how could he have reigned over them as their lawful king, had not the people generally chosen, accepted, admitted him for their Sovereign? Solomon deceasing, 1 King. 12. 2 Chron. c. 10. v. 11. Rehoboam his eldest son went up to Sechem: (what to do? not to claim the crown by descent from his Father, but by election from the people, as the following History manifests;) FOR ALL ISRAEL were come to Sechem TO MAKE HIM kING: if to make him king, than he was no king before they had made him, as many Divines most sottishly aver against the very letter of the Text Antiq, jud. l. 8. c. 3. and josephus; (who writes, That it pleased the Assembly of the Israelites there held, that HE SHOULD RECEIVE THE kINGDOM BY THE JEOPLES' CONSENT.) And jeroboam and ALICE THE CONGREGATION OF ISRAEL came and spoke unto Rehoboam, saying, Thy Father made our yoke grievous: now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us lighter, AND WE WILL SERVE THEE: (because naturally subjects delight in mild Kings, who will somewhat descend from their altitudes, saith Antiq. jud. l. 8. c. 3. josephus.) This was the condition they propounded to him before they would accept him for their king, and upon this condition only would they admit him to reign over them; therefore doubtless the disposal of the Crown and limitation of the kings royal power resided in all the congregation, who had authority to prescribe their kings what equal and just conditions they pleased. And he said unto them, depart yet for three days, then come again to me; and the people departed. Hereupon Rehoboam consulted with the old men that stood before Solomon his Father, while he lived, and said, how do you advise that I may answer this people? And they spoke unto him, saying; If thou wilt be A SERVANT unto this people this day, and wilt SERVE THEM and answer them, and speak good words to them THAN THEY WILL BE THY SERVANTS FOR EVER; But he forsook the Counsel of the old men, which they had given him, and consulted with the young men that were grown up with him, and which stood before him, and following their ill advice: when jeroboam and all the People came to Rehoboam the third day, as he had appointed; the King answered the people roughly; and forsaking the old men's Counsel, he spoke unto them after the Counsel of the young men, saying; My Father made your yoke heavy, and I will add to your yoke; my Father chastised you with whips, but I will chastise you with scorpions. Wherefore the King HARKENED NOT UNTO THE PEOPLE, for the cause was from the Lord, etc. SO WHEN ALL ISRAEL SAW THAT THE KING HARKENED NOT UNTO THE ME the People answered the King (through indegnation with one voice, writes josephus, saying; What portion have we in David; NEITHER HAVE WE INHERITANC) IN THE SON OF JESSE, (that is, we have not entailed our Subjection nor the inheritance of this our Realm to David and his seed for ever, but are still free to elect what King we please;) to thy Tents O Israel. Now see to thine House, David: so Israel departed to their Tent●. But as for the children of Israel which dwelled in the Cities of judah, Rehoboam reigned over them: (the Tribes of judah and Benjamin CHOOSING HIM THEIR KING BY THEIR COMMON SUFFRAGES, writes josephus.) Then King Rehoboam sent Adoram who was over the Tribute (to excuse saith josephus, the petulancy of his young tongue, and to appease the minds of the enraged vulgar:) And all Israel stoned him with stones that he died: therefore King Rehoboam (imagining truly, that himself was stoned in his servant, and fearing lest the once conceived hatred should be poured out on his own head, tremblingly getting up into his chariot, 2 King. 20. 1. to 7. as hastily as he could) made speed to flee to jerusalem. S● Israel fell away from the house of David unto this day. And it came to pass when ALL ISRAEL heard that jeroboam was come again, that they sent and called him unto the Congregation, AND MADE HIM KING OVERDO ALICE ISRAEL▪ &c. (it being so preordained by God, 1 King. 12. 26. to 41.) Lo here the whole Congregation, or Parliament of Israel, if I may so style it, had full and free power to reject Rehoboam from the Crown, for refusing to subscribe to their conditions; to elect jeroboam for their lawful King, and erect a new Kingdom of their own, divided ever after from that of judah: which action I shall prove anon to be lawful, warranted by Gods own divine authority, and no sin, nor rebellion at all in the People; who never admitted Rehoboam for, or submitted to him as their lawful Sovereign. So jehu having slain King joram, Ahabs eldest son, sent a Letter to Samaria where his other 70▪ sons were brought up, to the Rulers and Elders there, wishing them to lookout THE BEST AND MEETEST of their Master's sons, and set him on his Father's throne, and fight for their Master's bouse: But they being exceedingly afraid, said; two Kings ●ould not stand before him, how then shall we stand? and sent word to jehu, We are thy servants, and will do all that thou shalt bid us; WE WILL NOT MAKE ANY KING. A clear evidence that the kingdom was then elective, and that they had power to choose the meetest man (not eldest brother) for their king. After this, 1 King. 16. 15, 16, 17, to 24. Zimri slaying Baasha king of usrael, and usurping the Crown, the people then encamped about Gibbethon hearing of it, that Zimri had conspired and also slain the King; Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Camp, who burat Zimri in his Palace: then were the People divided into two parts: half of the People followed Tibni to make him king, and half followed Omri: But the people that followed Omri prevailed against the people that followed Tibni; so Tibni died, and Omri Reigned, being made king only by the people's free election, without any divine designation. So 2 King. 11. 2 Chron. 22. 10. & 23. Iose Ius Antiq I●d. l. 9 c. 7. joash the son of Ahaziah, when Athaliah had usurped the Crown and kingdom of judah near seven years' space, was MADE KING, anointed and crowned by jehoiadah the High Priest, the Captains of hundreds, and ALL THE PEOPLE OF THE LAND, (who rejoiced at it) when he was but 7. years old, and Athaliah was apprehended, deposed, and murdered by them as an Vsurpresse. 2 Chron. 25 27. 28. c. 2. 61. 2 King. 14. 19 20, 21. So Amaziah King of judah being slain by a Conspiracy at Lachish, ALL THE PEOPLE OF JUDAH took Vzziah who was but 16. years old, and MADE HIM KING instead of his Father. 2 King. 15. 2 Chron. 27. 21▪ Vzziah king of judah being smitten with Leprosy unto the day of his death, dwelled in a several house, jotham his son (in the mean time by common consent) was over this house, judging the people of the Land: 2 king. 21. 23. 2 Chro. 35. ●5. Ammon king of judah being slain by his own servants, the people of the Land slew all them that had conspired against Ammon: And THE PEOPLE OF THE LAND MADE josiah his son King in his stead. And after 2 Chron. 36. 1. 2 king. 23. 30. josiah his death, the PEOPLE OF THE LAND took jehoahaz the son of josiah and MADE HIM KING in his Father's stead in jerusalem. From all which sacred Texts and Precedents; as likewise from Hosea 8. 4. THEY HAVE SET UP KINGS, But not by me; THEY HAVE MADE PRINCES, and I knew it not; it is most apparent, that the kings of Israel and judah, were usually elected by, and derived their Royal authority from the people, who made them kings, and received not their kingdoms and Crowns immediately from God himself by a divine right: which may be further conmed by the 1. Macab. 9 28. 29. 30. After the death of judas Maccabeus; all judas his friends came unto jonathan his brother, and said unto him, since thy brother judas died, we have none like to him to go forth against our enemies: Now therefore WE HAVE CHOSEN THEE this day TO BE OUR PRINCE and Captain in his stead, that thou mayst fight our battles. Upon this jonathan took the Government on him at that time. After Jonathan's death, the People said unto Simon his brother with a loud voice, 1 Mac. 13. 8. 9 Thou shalt be our Leader instead of judas, and jonathan thy brother; fight thou our battles, and whatsoever thou commandest us, we will do. And the jews and Priests were well pleased that Simon should be their Governor, Captain, and High Priest; and Simon accepted thereof, 1 Mac. 14. 41. to 49. Hence Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. writes, That the kings of the Israelites were created by the Suffrages of the People; that the Kingdom of Israel was translated to divers Families for their idolatry; that although the kingdom of judah were in some sort hereditary, yet it was confirmed by the Suffrages of the People (which he proves by the example of Rehoboam and others) and that they obtained the Royal dignity not only by inheritance, but likewise by the Suffrages of the People, as every one may clearly know, who shall but consider the Histories of their kings; Which plainly refutes the wild, impudent, false assertion of the Author of An Appeal to thy Conscience, newly published, p. 13. where thus he writes: Observable it is, that throughout the whole Scriptures we read not of Any King (I doubt he never read the Scriptures, else he could not be so grossly mistaken) THAT WAS CHOSEN BY THE VOICE OF THE PEOPLE: Nor of an Aristocracy, that is, where the Nobles govern, nor of a Democracy, that is where the people govern. And therefore let them consider how they can answer it at the last day, who shall endeavour to change an hereditary kingdom into an elective, or any other form of Government whatsoever: that the people do properly and absolutely make a king is false, etc. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited, with the best Commentators on them, or read over advisedly, josh. 22. judges 17. 6. c. 18. 1. c. 19 1. c. 21. throughout; with the Books of Ezra, Nehemiah, judges, Esther, Maccabees, the four Evangelists touching Christ's arraignment and death, Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with josephus, Philo, Paul Eber, Godwin, Cunaeus, ●igonius, Bertran, or any others who have written of the Jewish Antiquities or Republic, he could not have had the impudence to have published such gross untruths, and should have found not only divers kings in Scripture created by the voice of the people, but an hereditary kingdom oft changed into an elective, yea into an Aristocratical and no Royal government; and an Aristocracy and Democracy to, even among the Jews themselves, whose government before their kings: was merely Aristocratical, as josephus Antiqu. jud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus, S●hickardus, Bertram, Paul Eber, and all dye. ●ure Ma●istratus in subditos: & ●unius Brutus Vindiciae contr. tyrannos qu. 1. 2. 3. passim. others that I have seen, except this Animal irrationale risibile, punctually determine, they having no kings of their own before Saul, nor any after Zedekiah. Therefore I shall spend no more waste paper to refute this palpable error, so confidently asserted by parisiticall Court Doctors, who make no conscience of writing any, though the grossest untruths, which may advance the absolute Sovereign Arbitrary tyrannical government of kings, to oppress and enslave the people. Thirdly, that the Kings of judah and Israel were See ●●mius Brutus Vindic. Contr. Tyrant. qu. 3. 4. p. 46. to 66. 194, 165, 166. where this is largely manifested; & de jure Magistratus in S●bditos qu. 6. p. 272. 273, 274. no absolute Sovereign Princes, but took their Crown with and upon such Divine conditions, for breach whereof they and their posterities were oft times by God's command, just judgement, and special approbation deposed, disinherited, destroyed, and the Crown translated to other families. This is evident by direct Scriptures, Deuter. 17. 14. to the end. Thou shalt in any wise set him King over thee whom the Lord thy God shalt choose; one from among thy Brethren shalt thou set King over thee; thou mayst not set a stranger over thee, which is not thy Brother. Here is an express limitation and condition in respect of the person of the King; the conditions in regard of his royal administration follow, which are partly Negative, partly positive, But he shall not multiply Horses to himself, nor cause the the people to return to Egypt, etc. Neither shall he multiply wives to himself, that his heart turn not away; neither shall he greatly multiply to himself silver and gold. And it shall be when he sitteth on the throne of his Kingdom, that he shall write him a Copy of this Law in a Book, out of that which is before the Priests the Levites; and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his God, to keep all the words of this Law, and these Statutes to do them; That his heart be not lifted up above his brethren, and that he turn not aside from the Commandment to the right hand or to the left, to the end that he may prolong his days in his Kingdom, he and his children in the midst of Israel. Here all the kings of the Israelites when their kingdoms should be erected, are strictly bound by God himself to negative and positive conditions, upon performance whereof, they and their children should prolong their days in the kingdom, and perpetuate their thrones in the midst of Israel, and upon breach whereof they and their posterity should lose both their lives and kingdom to; as the last clause insinuates, and the subsequent Texts in direct terms aver. But what if the king should violate these conditions, might the people lawfully resist him? Antiqu. Iu. 〈◊〉 c. 8. josephus in his paraphrase on this very text, which I shall cite at large, resolves they might; Truly the government of the best me● (or Aristocratical government) is best; and to live in a Republic thus administered, nor is there cause why you should desire any other kind of government, but it is best, that contenting yourselves with this, you continue with in the power of your Laws and of yourselves: But if the desire of a king shall possess you, let there be none unless he be of your stock, and blood, and one to whom justice, with other virtues, are cordial: He whosoever he shall be, let him attribute more to the laws and unto God, than to his own wisdom, AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND SENATE'S ADVICE; neither may he nourish many wives, nor possess very much money, and many Horses, with the plenty of which things he may easily become a contemner of the laws; and if he shall addict himself to these things more than is meet, OBSTANDUM EST, ne potentior fiat quamrebus vestris expedit, HE IS TO BE RESISTED, lest he become more potent than is expedient for your affairs: So he. Yea Explanat. Artic. 42. Tom. 1. ●. 84. Zuinglius with True Difference between Christian Subjection, etc. part. 3. p. 513, 514. B. Bilson expressly resolve, that the people were bound to resist, question and depose their kings for their idolatry, and breach of these conditions; and that God himself justly punished them for Manasses sins and wickedness, because they resisted and punished him not for them, as they were obliged to do; as I have Part. 3 p. 99 100 elsewhere manifested, to which I shall refer you. This condition most clearly appears in other Texts; as in the 1 Sam. 12, 13, 14, 15, 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity, against Gods and samuel's approbation, Samuel used these speeches to them, Now thereforebehold the King whom ye have chosen, and whom ye have desired, etc. If ye will fear the Lord and serve him, and obey his voice, and not rebel against the commandment of the Lord, then shall both ye and also the King that reigneth over you continue following the Lord your God. But if ye will not obey the voice of the Lord, but will rebel against the voice of the Lord, then shall the hand of the Lord be against you, as it was against your fathers, etc. But IF ye shall do wickedly, ye shall be consumed both ye and your King. After this Saul being distressed by the Philistines, weary of staying for Samuel, and presuming to offer sacrifice without him, hereupon 1 Sam. 13. 13, 14. Samuel said to Saul, Thou hast done foolishly, for thou hast not kept the Commandment of the Lord thy God, which he commanded thee, for now would the Lord have established thy kingdom upon Israel for ever; but NOW THY KINGDOM SHALL NOT CONTINVE, for the Lord hath chosen him a man after his own heart, and the Lord hath commanded him to be captain over his people, BECAVSE THOU HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE. Lo here the breach of God's conditions by king Saul, forfeited his Kingdom, and disinherited his posterity of it. So when he performed not God's command, in utterly destroying Amalck, sparing Agag and the best of the things; Samuel sharply reprehending him for this offence, said unto him, 1 Sam. 15. 22, 23, 26, 28, 29, 30. Behold, to obey is better than sacrifice, and to hearken than the fat of Rams; for Rebellion (namely, king Saul's rebellion against God's command, not subjects rebellion against their Prince, not so much as once dreamt off in this Text as Court Doctors grossly mistake, a●d so miserably pervert this Scripture contrary to the sense and meaning, translating it from kings to subjects, from king rebellion against God, to subjects rebellion against men) is as the sin of Witchcraft, and stubbornness is as iniquity and Idolatry. BECAUSE thou hast rejected the Word of the Lord, he hath also REJECTED THEE FROM BEING KING: I will not return with thee, for thou hast rejected the word of the Lord, and the Lord HATH REJECTED THEE FROM BEING KING over Israel; the Lord HATH REND THE KINGDOM of Israel FROM THEE this day, and hath given it to a neighbour of thine, that is better than thou. Also the strength of Israel will not lie nor repent, for he is not as men, that he should repent; (to wit, of renting the kingdom from him) though he repented that he had made Saul king over Israel, because he turned back from following him, and performed not his Commandments, 1 Sam. 15. 11. 35. After which 1 Sam▪ 16. to 14. God said to Samuel, How long wilt thou mourn for Saul, seeing I have rejected him from Reigning over Israel? Fill thine horn with Oil, and I will send thee to jesse the Bethlemite, for I have provided me a king among his sons; whereupon he went and anointed David, who succeeded him in the kingdom, Saul's posterity being utterly disinherited for his recited sins. After this when God settled the kingdom upon David and his seed after him, it was upon condition of obedience, and threatening of corrections even by men, if they transgressed: 2 Sam. 7. 11. to 17. Ps 89. 32. to 47. 1 King. 8. 20. The Lord telleth thee, that he will make thee an house; and when thy days be fulfilled, and thou shalt steep with thy fathers, than I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish the Throne of his kingdom for ever; I will be his father, and he shall be my son; If he commit iniquity, I will chastise him with the Rod of men, and with the Stripes of the Children of Men: (that is, I will not chasten him immediately by myself, but by men my instruments, even by jeroboam, and his own subjects the ten Tribes, or other enemies whom I will raise up against him and his posterity, 1 Kings 11. 9, to 41.) But my mercy shall not depart away from him, as I took it from Saul, whom I put away before thee: And thine house and thy kingdom shall be established for ever before thee: yet still upon condition of obedience, as is most apparent by David's speech to king Solomon, 1 Chron. 28. 5, 6, 7, 8, 9 And the Lord hath chosen Solomon my son, to set him upon the throne of the kingdom of the Lord, over all Israel; And he said to me, etc. Moreover, I will establish his kingdom for ever, If he continue constant to do my Commandments, and my judgements, as at this day. Now therefore in the sight of all Israel, the Congregation of the Lord, and in the audience of our God, keep, and seek for all the commandments of the Lord your God, that ye may possosse the good land, and leave it for an inheritance for your Children after you for ever. And thou Solomon my son, know thou the Lord God of thy father, and serve him with a perfect heart, and with a willing mind; for the Lord searcheth all hearts, and understandeth all the imaginations of the thoughts, If thou seek him, he will be found of thee, but if thou forsake him, he will cast thee off for ever; notwithstanding the former Covenant and establishment, which was but conditional, not absolute, as the renting of the ten Tribes from his son, and the determining of the very 2 Chro. c. 10 & 11. & 36. 〈◊〉 de Repub. Hebr. l. 1. c. 9 15. joseph. Antiq. Iud l. 10 & 11. Paul Eber. Lestate de la. Religion & Repub. du peopl. judaeique. kingdom of judah itself in Zedekiah, (after which it never returned any more to David's Line) infallibly evidence. Hence we read in the 1 Kings 11. that solomon's idolatrous wives, turning away his heart from following the Lord, and drawing him to commit idolatry in his old age; hereupon the Lord grew angry with Solomon; Wherefore the Lord said unto him; for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes which I have commanded thee, I will surely rend the Kingdom from thee, and will give it to thy servant; Notwithstanding in thy days I will not do it, for David thy father's sake; but I will rend it out of the hand of thy son: Howbeit I will not rend away all the kingdom, but will give one Tribe to thy Son, for my servant David's sake, and for Jerusalem's sake which I have chosen. In pursuance whereof the Prophet Ahijah rending I●roboams garment into 12 pieces, said to jeroboam, Take thee ten pieces, for thus saith the Lord the God of Israel, Behold, I will rend the kingdom out of the hand of Solomon, and will give t●n Tribes to thee; BECAVSE THAT THEY HAVE FORSAKEN ME, and have worshipped the Goddess of the Zidonians, etc. AND HAVE NOT WALKED IN MY WAYS, to do that which is right in mine eyes, to keep my Statutes and my judgements, as did David his Father; howbeit I will not take the whole Kingdom out of his hands; but I will make him Prince all the days of his life, for David my servant's sake whom I chose, because he kept my Commandments and my Statutes: But I will take the Kingdom out of his son's hand, and give it unto thee, even ten tribes. And unto his son will I give one tribe, that David my servant may have a light always before me in jerusalem, the City which I have chosen to put my name there. And I will take thee, and thou shalt reign according to all that thy soul desireth, and shalt be King over Israel. (But what, without any limitation or condition at all think you? No such matter:) And it shall be IF THOU WILT HARKEN UNTO ALL THAT I COMMAND THEE, and wilt walk in my ways and do that is right in my sight, to keep my Statutes and my Commandments, as David my servant did, that I will be with thee, and build thee a sure house, as I built for David, and will give Israel to thee: And I will for this afflict the seed of David, but not for ever. Lo here both Kingdoms of judah and Israel, are given and entailed on David, Solomon, and jeroboam only upon condition of good behaviour; which not performed, they shall be rend from either: And was this only a vain idle condition, as some deem the Covenants and Coronation oaths of Kings to God and their Kingdoms? Surely no, for we read experimental verifications of them in King Rehoboam; 1 Kin. 12. 2. Chron. 10. & 11. Who answering all the people and jeroboam when they came to Sechem to make him King, roughly, according to the Counsel of the young men, and threatening to add to their yoke, instead of making it lighter; and harkening not unto the people, (FOR THE CAUSE WAS FROM THE LORD, that he might perform his saying, which he spoke by Abijah the Shilomite unto jeroboam the son of Nebat;) thereupon, when all Israel saw, that the King harkened not unto them, the people answered the king, saying; What portion have we in David; neither have we inheritance in the son of jesse; to your tents O Israel; now see to thine own house David; so Israel departed to their tents, stoned Adoram who was over the tribute, whom Rehoboam sent to appease them; Whereupon Rehoboam made speed to get him into his Chariot to flee to jerusalem; So all Israel fell away from the house of David to this day; and calling jeroboam unto the congregation, made him King over all Israel: there was none that followed the house of David, but the tribe of judah only. Upon this revolt, when Rehoboam was come to jerusalem, he assembled all the House of judah, with the tribe of Benjamin, an hundred and fourscore thousand chosen men which were Warriors to fight against the house of Israel, to bring the Kingdom again to Rehoboam the son of Solomon; But the Word of God came unto Shemaiah the man of God, saying, speak unto Rehoboam the son of Solomon King of judah, and unto all the house of judah and Benjamin, and to the remnant of the people, saying: Thus saith the Lord; Ye shall not go up, nor fight against your brethren the children of Israel: return every man to his house, For this thing is done by me. They harkened therefore unto the Word of the Lord, and returned to depart, according to the Word of the lord Behold here an experimental forfeiture of a kingdom, and translation of the major part of it to another family, for Solomon's idolatry, executed by the people through God's appointment; which being fore-threatned in the general by God himself to David, and by David to Solomon in case he transgressed, predicted by way of menace to Solomon and jeroboam, by God himself and his Prophets after Solomon's transgression, executed by the people by God's special direction and approbation; and thus owned and justified by God in the people's behalf after the execution, when Rehoboam would have made war against them for this revolt, must certainly be acknowledged, not only a ●ust and warrantable action in respect of God himself, but likewise of the people, unless we will make God himself the Author and approver of rebellion. By all which it is apparent, that Solomon and Rehoboam held their Crowns only upon condition from God, the breach whereof might and did forfeit them to the people in some measure: And so did jeroboam too, hold the kingdom of Israel newly erected by the people after this revolt, upon the conditions of obedience, already mentioned, which being violated by his 1 King. c. 12. & 13. setting up 2 calves in Dan and Bethel, out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to jerusalem to worship; this thing became sin to the house of jeroboam, even to cut it off and destroy it from off the face of the earth, 1 King. 13. 34. For jeroboam committing idolatry with the Calves, Ahijah the Prophet sent him this sharp message by his wife, 1 K. 14. 7, 8, 9, 10, 11. Go tell Jeroboam, Thus saith the Lord God of Israel, for as much as I exalted thee from among the people, and made thee prince over my people Israel, and rend the Kingdom away from the house of David, and gave it thee, ye● thou hast not been as my servant David, who kept my Commandments, and who followed me with all his heart, to do that only which was right in mine eyes, but hast done evil above all that were before thee; for thou hast gone and made thee other gods, and molten images, to provoke me to anger, and hast cast me behind thy back; Therefore behold I will bring evil upon the house of jeroboam, and will cut off from jeroboam him that pisseth against the wall, and him that is shut up and left in Israel, and will take away the remnant of the house of jeroboam, as a man taketh away dung till it be gone: Him that dieth of jeroboam, in the the City shall the dogs eat, and him that dieth in the field shall the fowls of the air eat, for the Lord hath spoken it. Moreover, the Lord shall raise him up a King over Israel, who shall cut off the house of jeroboam in that day. Neither was this an unexcuted commination, for jeroboam dying, and 1 King. 15. 25. to 31. Nadah his son succeeding him both in his kingdom and idolatries, wherewith he made Israel to sin, Baasha (by God's just judgement) conspired against him, slew him, reigned in his stead; and when he reigned he smote all the house of jeroboam, so that he left not to him any that breathed; according to the saying of the Lord which he spoke by his servant Abijah; because of the sins of jeroboam which he sinned, and which he made Israel sin, by his provocation wherewith he provoked the Lord God of Israel to anger. After which 1 King. 15. 34. c. 16. 1, to 14. Baasha walking in the ways and sins of jeroboam notwithstanding this exemplary judgement of God on him and his posterity, the word of the Lord came to jehu son of Hannani, against Baasha, saying, Forasmuch as I exalted thee out of the dust, and made thee Prince over my people Israel, and thou hast walked in the way of jeroboam, and hast made my people of Israel to sin, to provoke me to anger with their sins; behold, I will take away the posterity of Baasha, and the posterity of his house, and will make his house like the house of jeroboam the son of N●bat; him that dieth of Baasha in the City shall the dogs eat, and him that dieth in the field shall the fowls of the Air eat: which judgement was actually executed upon his evil son king Elah, whom Zimri the Captain of his Chariots slew, as he was drinking himself drunk in the house of Arza Steward of his House, and reigned in his stead; and assoon as he sat in his Throne, he slew all the house of Baasha, he left him none that pissed against the wall, neither of his kinsfolks, nor of his friends. Thus did Zimri destroy all the house of Baasha, according to the word of the Lord, which he spoke against Baasha, by jehu the Prophet, for all the sins of Baasha, and the sins of Elah his son, by which they sinned, and by which they made Israel to sin, in provoking the Lord God of Israel to anger witb their vanities. 1 King. c. 16. to 22. King Om●i and Ahab his son going on in the sins of jeroboam, serving Baal to boot, persecuting Gods prophets, putting Naboth most injuriously to death for his Vineyard, by jezabels' instigation, and setting himself to work evil in the sight of the Lord, above all that were before him: Hereupon the Prophet Elijah tells him, 1 King. 21. 19 to 25. Thus saith the Lord, Behold, I will bring evil upon thee, and will take away thy posterity, and will cut off from Ahab him that pisseth against the wall, and him that is shut up and left in Israel, and will make thine house like the house of jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, for the provocation wherewith thou hast provoked me to anger, and made Israel to sin: And of jezabel also spoke the Lord, saying, The Dogs shall eat jezabel by the wall of jezreel; him that dieth of Ahab in the City the Dogs shall eat, and him that dieth in the field shall the Fowls of the Air eat. Neither was this a vain threatening, for Ahab being slain at Ramoth Gilead, 1 King. 2●. 19 c. 22. 37. 38. the dogs licked up his blood in the place where they licked the blood of Naboth; and jehoram his son succeeding him, both in his Throne and sins, 2 King c. 9 & 10. God himself anointed jehu King over Israel, of purpose to execute this his vengeance against the house of Ahab and jezabel; who in execution thereof slew both King jehoram, Ahaziah King of judah, jezabel, and all Ahabs sons and posterity, his great men, Nobles, with all the Priests and worshippers of Baal, till he left none of them remaining: For which severe execution of God's justice, the Lord said unto jehu, 2 King. 10. 30. Because thou hast done well in executing that which is right in mine eyes, and hast done unto the house of Ahab according to all that was in mine heart, thy children of the fourth generation, shall sit on the Throne of Israel. Which action of jehu being thus specially commanded, commended, and remunerated with such a temporal reward by God himself, must questionless be lawful, and no Treason nor Rebellion in jehu, unless we will charge God to be both the Author, Approver and Rewarder of those sins. After this 2 Kings c. 12, to 16. jehu walking in the sins of jeroboam, though God deprived him not for it, yet he stirred up Hazael to spoil and waste his Country, during all his reign, and the reigns of King jehoahaz his son and joash his grandchild, who succeeded him in his idolatries; and Zechariah the last king of Iehu's Race, going in his Ancestors sins, was slain by Shallum, who reigned in his stead. 2 Kin. 16. Shallum, Pekahiah, and Pekah three wicked idolatrous kings of Israel, were by God's just judgement, successively s●ain one of another, and by Hoshea. So that all the Kings of Israel, who violated Gods Covenants and conditions annexed to their Crowns, did for the most part lose their lives, Crowns, and underwent the utter extirpation of their posterities, being totally cut off by the sword, neither succeeding their Parents in their Crowns nor inheritances. And though the royal Crown of judah contained in David's Line till the Captivity of Zedekiah, the last king of his Race; yet when ever they infringed the conditions which God annexed to their Crowns, and turned Idolaters or flagitious persons, God presently (by way of revenge) either brought in foreign enemies upon them, which mastered, conquered them, and sometimes deposed and carried them away Captives, or made them Tributaries, as the examples of King 1 King 13. 21. to 31. Rehoboam, afflicted by Shishak King of Egypt, for his sins and idolatry, and by jeroboam all his days▪ 1 King. 15. 3. 7. of Ahijam, 2 Chron. 21 jehoram, ● Chron. 22. Ahaziah, 2 Chro. 24. 17. to 27. joash, 2 Chro. 25. Amaziah, 2 Chron. 28. Ahaz, 2 Chron. 33. 2 King. 23. & 24. & 25. Manasseh, jehoahaz, jehoiakim, jehoiachin, and Zedechiah, (whose Histories, troubles, captivities and punishments you may read at large) with others witness: or else caused their own servants, subjects, enemies to rise up against them, to slay them, as is evident by 2 Kin. 9 27, 28. 2 Chron. 22. c. 24. 24. 26. c. 25 27. 28. 2 Chron. 33. 22, to 28. King Ahaziah, joash; Amaziah, Ammon, and others. All which are unanswerable evidences and experimental demonstrations, that the Kingdoms of judah and Israel were both held of God upon conditions, and that for the breach of these conditio●s they might be, and oft times were (by God's justice on them) both lawfully deprived of their Crowns, and their posterities, disinherited, yea, totally cut off for ever; and in conclusion, both these most eminent Kingdoms, for the sins of kings and people, were invaded, destroyed, and both Kings with people carried away captives by their enemies, into foreign Countries, from whence the whole Nation never afterwards returned, nor ever after attained to a king and kingdom of their own: So fatal is it for Kings, or Kingdoms to break those Covenants, Laws, Conditions which God himself hath prescribed them; and so far are any Kings from being exempted from all Laws, and left at liberty to do what they please, that the breach of them proves destructive to them and theirs. I shall only add to this by way of Corollary, that all the Israelites Rulers, Kings, People did jointly and severally for Deut. ●. 1. to 26. Iosh 2●. 14, to 29. 2 Chr. 15. 9 to 17. 1 Sam. 12. 13. to 2●. 1 Chr. c▪ 28, & 29. 2 Chr. 23. 3. 16. 17. themselves for the whole Nation in general, and every of them in particular, frequently enter into solemn Vows and Covenants with God, to serve the Lord, to be and conttnue his people; to seek the Lord God of their fathers with all their heart, and with all their soul; that whosoever would not seek the Lord God of Israel, should be put to death, whether small or great, whether Ma● or Woman, (not the King or Queen excepted;) and they swore unto the Lord with a loud voice, and with shouting, and with trumpets, and with Cornets, and all rejoiced at the Oath, for they had sworn with all their hearts. Witness the 2 Chr. 15. 9 to ●7. Covenant made by joshua and all the people, To serve the Lord; by Samuel, Saul, and all the people at Saul's Coronation, and by king Asa and all his people, To seek the Lord, etc. (who in pursuance thereof removed his mother Maacha from being Queen, because she had made an idol in a Grove, and cut down her idol, and stamped it, and burned it at the brook Kidron, 2 Chron. 15. 16. of King David, 1 Chr. ●. 28. &. 29. Solomon, and all the people at Solomon's Coronation; between 2 Chr. 23. 16 17. 2 King. 11. 4 17. 18. King jehoash, jehoiada and all the Congregation at his inauguration, that they should be the Lords people: in pursuance whereof all the people went to the house of Baal, and broke it down, and broke his altars and images in pieces, and slew Mattan the Priest of Baal before the altars; between 2 Chr. 29. 10. c. 30. 19 to 27. c. 11. 1. Hezekiah and all his subjects and God; between 2 Chr. 34. 30. 31. 32. 33. josiah and all that were present in jerusalem and Benjamin and Gad, who made a covenant before the Lord, to walk after the Lord, and to keep his Commandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord; in execution whereof josiah took away all the abominations out of all the Country that pertained to the children of Israel, and made all that were present in Israel to serve the Lord their God, and not to depart from following the Lord God of their Fathers all his days: Together with the like solemn public Covenants made by Ezra 10. 3. 4 Ezra, Nehem. 9 38. c. 10. 1. to 39 Nehemia● and all the People unto God; which Covenant the Princes, Levites, Priests and all the people sealed, and entered into a Curse and into an Oath to walk in God's Law, and to observe and do all the Commandments, judgements and Statutes of the Lord, etc. And that God himself expressly commanded them, Deut 13. & 17. That if any Prophet or Dreamer of dreams, or thy Brother or son of thy Mother, or thy daughter, or the wife of thy bosom, or thy friend which is as thine own soul, should secretly entice them to commit idolatry, or serve other gods, they should neither consent nor hearken to, nor pity, nor spare, nor conceal him, but shalt surely kill him; thy hand shall be first upon him to put him to death, and after the hand of all the people, and thou shalt stone him with stones, that he die, only for this secret enticement to idolatry: And all Israel shall hear, and fear, and do no more such wickedness as this is. And if they should hear, that the inhabitants of any City were seduced to serve other gods, tben they must diligently search and inquire after it; and if it be truth and the thing certain, that such abomination was wrought among them, than they shall surely smite the inhabitants of that City with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof with the edge of the sword; and gather all the spoil of it into the midst of the street thereof, and burn the City with all the spoil thereof every whit for the Lord their God, and it shall be an heap for ever, and shall not be built again: In pursuance whereof the josh. 22. 9 to 34. ten tribes and a half, assembled to war against the Reubenites, Gadites, and half Tribe of Manasseh, for their supposed idolatrous Altar; and judg. 20, & 21. all the children of Israel assembled together as one man, and made war against the men of Gibeah and the Benjamites, for not punishing the gross Rape of the Levites Concubine, destroying the City utterly, and the Tribe of Benjamin too well-nigh. And upon this ground, the City of 2 Chr. 21. 10 11. Libnah revolted from under the hand of jehoram the idolatrous King of judah, Because he had forsaken the Lord God of his Fathers. And as some learned men conceive 2 King. 19 20. 2 Chro. 17, 18, 19, 20, 21. the people made a Conspiracy against King Amaziah in jerusalem, and he fled to Lachish, but they sent after him to Lachish and ●lew him there; De jure in Magistratus in subditos, p. 272. to 275. not privately but openly, as acted by public authority, consent, and meditated deliberation, not out of any private hatred, but for his impiety, whereby he violated the chiefest part of his Oath and Covenant; whereupon we read not of any complaint, or inquisition, or proceedings, or punishment inflicted on those that slew him after his death, either by the people, or his children, as there was upon those who slew King Ammon; but being slain, they brought him back on horses, and he was buried at jerusalem with his Fathers in the City of David, out of reverence to his royal dignity and family; And All the People of judah took Azariah, and made him King in stead of his father Amaziah; which plainly shows, that what was formerly done by the greater part of the States at jerusalem, was afterwards confirmed by common consent, as done upon a just cause, and executed by command of those who might lawfully do it. Whence they conclude, That the Orders or States of the People of Israel had right to choose what King they would themselves, out of the family of David; and being elected▪ afterward to correct and punish him as there was cause: that they were obliged by this Covenant made to God, both to reprehend, resist, oppose, yea, depose, if not put to death their King for his open incorrigible idolatries and sins, by common consent, as their king was obliged to punish and put them to death for their idolatries and crimes, their kings being included within their Covenants; and God's inhibition of Idolatry under pain of capital punishments, extending to Kings, as well as others, if not more then to any, because their examples were most pernicious; and they were as far forth bound by their joint Covenants made to God with their Kings to hinder their Kings from, and to proceed against them for their idolatries, as their kings were to impedite and punish them for their breach of Covenant, and because God himself did punish them for their King's idolatries, as is evedent by jer. 15. 1, to 6. and the History of the Kings, and Chronicles every where, which God would not in justice have done, had not the people both just right and power to resist, hinder, censure, punish, depose their Kings by public consent of the State and people for their idolatries and breach of Covenant, as Explanatio Artic. 42. & lib. 4. Epist. Zuing. & Oecol. f. 186. Zuinglius, Vindiciae contra Tyrannos, quaest. 2. p. 43 ●0 70. Stephanus junius Brutus, the author of the Treatise Page 271. to 275. De jure Magistratus in Subditos, with others, prove at large, and Instit. I. 4. c. 20. sect. 31. Master Calvin, yea The True Difference, etc. part. 3. p. 513, 514. Bishop Bilson himself, assents to. Such a Sovereign power had the whole State and Congregation of Israel and judah over their kings themselves, whose estates in their Crowns and Kingdoms by Gods own institution, was not absolute, but only conditional, and subject unto forfeiture, upon breach of these Covenants and Conditions by which they did enjoy them. Fourthly, The Kings of judah and Israel were no absolute Sovereign Prince's paramount their whole Kingdoms, the general Congregation of the people, Senate or Sanhedrin, but inferior to them in power, and not only counselled, but overruled usually by them in matters of public concernment: This is evident not only by josh. 22. 11. to 34. and judges 20. and 21. where the whole Congregation of Israel, as the Sovereign power, in the days of joshua and the judges assembled about the great causes of the Reubenites, Gadites, and halfa the Tribe of Manasseh, concerning their Altar, and of the Gibeonites and Benjamites, concluding both matters of public war and peace; But likewise by the people's rescuing jonathan out of the hands and power of King Saul his father, that he died not, though Saul had twice vowed that he should be put to death, 1 Sam. 14. 38. to 36. And the people said unto Saul, Shall jonathan die who hath wrought this great salvation in Israel? God forbid; as the Lord liveth there shall not one hair of his head fall to the ground, for he hath wrought with God this day: So the people rescued jonathan that he died not. By the 1 Chron. 13. 1. to 7. where thus we read: And David consulted with the Ca●tains of thousands and hundreds, and with every Leader, and David said unto all the Congregation of Israel, If it seem good unto you, and that it be of the Lord our God, let us send abroad unto our brethren every where that are left in all the land of Israel, and with them also to the Priests and Levites which are in their Cities and Suburbs, that they may gather themselves unto us; and let us bring again the Ark of our God to us, for we enquired not at it in the days of Saul. And all the Congregation said, that they would do so, For the thing was right in the eyes of all the people. And David went up and all Israel to Baalah, to bring up thence the Ark of God the lord Compared with the 1 Samuel 18. 2, 3, 4. where when David sent out the people to battle against Absalon under three Commanders, the King said unto the people, I will surely go forth with you myself also: But the people answered, So 2 Sam. 21. 17, 18. David being like to be slain by Ishb●●enoh the Giant whom Abishai slew. The men of David swar● to him, 〈◊〉, Thou shalt go no more out with us to battle, that thou quench not the light of Israe▪ Thou shalt not go forth; for if we flee away, they will not care for us, neither if half of us die will they care for us; but now thou art worth ten thousand of us, therefore now is better that thou secure us out of the City: And the king said unto them, Whatsoever seemeth you good that I will do; and thereupon stayed behind in the City, as they advised him. So he likewise followed joabs' advice, to go forth and sit in the gate, and speak comfortably to the People after his mourning for Absalon's death, else not one of the People would have tarried with him that night, 2 Samuel. 19 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent; and he so engaged them to him, That all the people were at strife throughout all the Tribes of Israel, to bring the King back again to Gilgal, whence Absalon had chased him. Add to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we find, that after Solomon's death, All Israel came to Sechem to make Rehoboam King; and all the Congregation of Israel spoke unto Rehoboam, saying, Thy father made our yoke grievous, now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee. And he said unto them, Depart ye for three days, and then come again; and the people departed. In the mean time he consulted first with the old men, after that with the young men about him, what answer he should return; who giving contrary advice, jeroboam and all the people coming to him again the third day, the King answered the people roughly, after the counsel of the young men, saying, My Father made your yoke heavy, and I will add to your yoke; My Father chastised you with whips, but I will chastise you with scorpions: So when all the people saw that the King harkened not to them, the people answered the King, saying, What portion have we in David? neither have we inheritance in the son of jesse, to your tents o Israel; now see to thine own house David: So Israel departed to their Tents, and fell away from the house of David unto this day: And all Israel called jeroboam unto the Congregation, and made him King over all I●rael: And the Text expressly adds this memorable observation, Wherefore the King harkened not unto the people, for the cause was from the Lord, that he might perform his saying, which the Lord spoke by Abijah the Shilonite to jeroboam the son of Nebat● Where we see the Kings not harkening to the people and congregation of Israel in their just request, and giving them an harsh answer, was a sufficient ground and occasion for them, to cast off his government, and elect another King to reign over them, and that with Divine approbation from God himself: Such was the whole people● and congregations Sovereign power over their Kings. We read in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host, and sent to A●ab king Israel, to resign up all his silver, gold, Wife's, Children, and pleasant things into the hand of his servants: Then the king of Israel called all the Elders of the Lan●, and ●aid, Hark, I pray you, and see how this man seeketh mischief, for he sent unto me for my Wives and for my Children, for my silver, and for my gold, and I denied him not: And all the El●ers, and all the people, said unto him, Harken not unto him, nor consent. Wherefore he said unto the messengers of Benhaded, tell my Lord the King, all that thou didst send for to thy servant at first, I will do, but this thing I may not do. Where the Elders and people both advise and overrule the King in this matter of great importance both to the Kingdom and K●ng, who returned no answer to this public case without the congregations public advice. So 2 Chron. 30. 1, to 6. Hezekiah king of judah sent to all Israel and judah, and wrote Letters also to Ephraim and Manasseh, that they should come to the house of the Lord at jerusalem, to keep the Passeover unto the Lord God of Israel; For Hezekiah had taken counsel, and his Princes, and all the Congregation in jerusalem, to keep the Passeover in the second month, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at jerusalem; and the thing pleased the King And all the Congregation, So they established a Decree, to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passeover unto the Lord God of Israel at jerusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and judah, etc. vers. 12. Also in judah the hand of God was to give them one heart to do the Commandment of the King and of the Princes, by the word of the Lord; and vers. 23. And the whole Assembly took Counsel to keep other seven days; and they kept other seven days with gladness; 2 Chron. 31. ●8. 1. and All the Congregation of judah and Israel rejoiced: vers. 25. When all this was finished All Israel that were present, went to the Cities of judah and broke the images in pieces and cut down the Groves, and threw down the high places and the Altars out of all judah and Benjamin, in Ephraim also and Manasseth, until they had utterly destroyed them all. Then all the Children of Israel, returned every man to his possession into their own City: In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come, and that he was purposed to fight against jerusalem; He took Council with his Princes and his mighty men, to stop the waters of the Fountain which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountains, etc. Add hereunto that notable Text, jer. 38. 4. to 28. Where when the Prophet jeremy had prophesied, that jerusalem should be given into the hands of the King of Babylon's Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakeneth the hands of the men of War that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedechiah the King said; Behold he is in your hand; For the King is not he that can do any thing against you. And jer. 26. 8. to 29. Now it came to pass when jeremiah had made an end of speaking all that the Lord had commanded him to speak unto all the people, that the Priests, the Prophets, and all the people took him, saying; thou shalt surely die, etc. So Ezra 10. 1. to 20. There assembled unto Ezra, a very great Congregation of men, etc. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel concerning this thing. Now therefore let us make a Covenant with our God to put away all the strange wives, etc. and let it be done according to the Law: and All I●rael said that they would do according to this word. And they made Proclamation throughout judah and jerusalem unto all the children of the Captivity, that they should gather themselves unto jerusalem; and that whosoever would not come within 3. days According to the Council of the Princes and the Elders, all his substance should be forfeited, and himself separated from the Congregation of those that had been carried away: Then all the men of judah and Benjamin gathered themselves together unto jerusalem, within three days, and all the people sat in the street of the house of God trembling, hecause of this matter and for the great rain. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to increase the trespass of Israel; Now therefore make confession unto the Lord God of your fathers, and do his pleasure, and separate yourselves from the people of the Land, and from the strange wives. Then All the Congregation answered, and said with a l●wd voice; As thou hast said, so must we do; but the people are many, and it is a time of much rain, and we are not able to stand without, neither is this a work of one day or two; for we are many that have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the judges thereof, until the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common business: And Esther 9 17. to 32. the jews (upon Mordecays and esther's Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their séed, and upon all such as joined themselves unto them, so as it should not fail, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladness, according to their writing, and according to their appointed time every year: And that these days should be kept and remembered throughout every generation, every Family, every Province, and every City, and that these days of Purim should not fail from among the jews, nor the memorial of them perish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their séed. From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparent: that the Kings of judah and Israel were no absolute Sovereign Prince's paramount their whole Kingdoms, or the general Senate and Congregation of the people, or their Sanhedrin, but inferior to them in power; and not only counselled but overruled usually by them, in all matters of public concernment. A truth so pregnant, that The third part of the True difference between Christian Subjection, etc. p. 513. 514. Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Sovereignty the whole people of Israel had over their Kings; And that these Scriptures have persuaded some, and might lead Zuinglius to think, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to overrule their King, in those thiugs which seemed expedient and needful for the public welfare, else God would not punish the people for their King's iniquity, which they must suffer and not redress. Hence that eminent ●ew Antique. Iud 1▪ 4. c. 8. josephus (a man best acquainted of any, with his own Nations Antiquities, Laws, and the Prerogatives of their kings) resolves in direct terms; that their King, whosoever he were, aught to attribute more to the Laws, and to God, then to his own wisdom, And to do nothing without the advice of the Highpriest and Senate; and that if he multiplied horses, and many more than was fitting They might resist him, lest he became more potent than was expedient for their affairs. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the jews. Thus the Prophets, who grievously offended, were no where else punishable but in this Assembly; which (Quod summae petestatis est) as it is an Argument of The Supremest power) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferend● Imperio deliber about. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum populo est; indictaeenim Comitiae sunt, in quibus solis populus partem aliquam caperet regendae reipublicae, etc. De Rege igitur deque Bello, ut dixi, decretafacta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expe●ivere. So that the Sanhedrin and Congregation of the people were the highest Sovereign power, and principal determiners of public matters concerning war and peace, by Cunaeus his resolution: Who debating this weighty controversy, Cunaeus de Repub. Heb. 6. 1. c. 9 p. 75. 76. 77. What the Sceptre of judah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Sceptre to be nothing else, but the Majesty of the Empire or Government, to wit that, Qnae ipsi Reipublicae assidet, which belongs to the Republic itself. Wherefore whose the Republic is, the Sceptre ought to be said theirs. Now the Hebrew Republic from Moses his time till the Kingdom of Rehoboam, was not of the jews (or tribe of judah) but of the twelve Tribes, from whence it follows, that even the Sceptre for all those times was of all the Israelites. Now of this Sceptre, which was long common to all the twelve Tribes, the divine Patriarch spoke not in that most famous Oracle: for he looked at latter years, and future ages, when as the Tribe of judah, the people being divided into contrary parts, began to have its Republic apart from the Israelites, which God approved and loved; and would have to be called jewish, from the Tribe of judah alone, until he (to wit Christ) should be given to the assemblies of men, to whom not only the Empire of the jews, but Gentiles also was destinated. And verily this Majesty of the Sceptre, from the time it once began to be of the jews, we say continued to be theirs, although the state of the Commonweal was sometimes changed, and the sovereignty of the Empire was sometimes in the Elders and High Priests, sometimes in the Kings and Princes. They do too foolishly, who here dance in a narrow compass, and suppose that the honour of this name appertains not but to Kings? For what people soever, useth its own Republic and its Laws, Is recte Glor●ari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Sceptre. It is recorded, that at jerusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Council, which they called the Sanhedrin, there hung a Sceptre, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Consuls and the Senate managed the Roman Commonwealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not 〈◊〉 would come into the friendship of the Romans, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it material to our purpose, of what Nation or Tribe they were, who moderated and ruled the jewish affairs; for although the Hasmonaean Levites held their Kingdom for many years, yet the Republic was of the jewish people. That most wise Master Seneca said to Nero Caesar, That the Republic was not the Princes, (or of the Prince) But the Prince the Republikes. Neither verily was the opinion of Ulpian the Lawyer otherwise; for he at last saith, that That is Treason, which is committed against the Roman People, or against their safety, l. 1. s. 1. F. ad Legem jul. Maj●st. Now Ulpian lived in those times, when the people had neither command nor suffrages left them, but the Emperors held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparent, that not only in the Roman Empire and other Kingdoms, but even among the jews themselves; the Majesty, and Sovereign Power, and Sceptre resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the jewish Kingdom was not Monarchical (as our Court Doctors falsely dream) but mixed with an Aristocracy for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, etc. attributing the Soveraignest power to the Congregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hence Explanio Artic. 42. Tom 1 Oper. Tiguri, 1581. f. 84, 85. Huldericus Zuinglius writes expressly, That the Kings of the jews and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were punished of God; as is evident by jer. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sins. In sum, if the jews had not permitted their King to be so wicked without punishment, they had not been so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou mayst not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unless they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signify to them the flagitious life of the King, and may tell them, that it is by no means to be endured, that so they may remove him, who have inaugurated him. Here now is the difficulty for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defence of justice, than afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them endure a lustful and insolent Tyrant, expecting extreme punishment together with him; yet the hand of the Lord is stretched out still, and threateneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is removed, Deo ●it auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zuinglius. Hence Quaest 3. p. 94, to 97. Stephanus junius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestants defensive wars in France to preserve their Religion and Liberties. Anno 1589. determines positively, That as all the people are Superior to the King, so are those Officers of State and Parliaments, who represent them, Superior to Kings collectively considered, though every of them apart be inferior to them. In the Kingdom of Israel, which by the judgement of all Politicians was best instituted, by God, there was this order, The King had not only private Officers who looked to his family, but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonweal both in time of peace and war, and likewise their Magistrates in every Town, who defended their several Cities, as the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could any thing be determined without their advice, which much concerned the commonwealth: Therefore ● Chro. 29. 1. David called these all together when he desired to in v●st Solomon in the Kingdom, when he desired the policy restored by him should be examined and approved, 1 Chr. ●3. 1. when the Ark was to be reduced, etc. And because they represented all the people, all the people are then said to have assembled together. Finally, the same 1 Sam, 14. 45▪ rescued jonathan, condemned to death by Saul's sentence; from whence it appears, that an appeal lay from the King to the people: But from the time the Kingdom was divided, through the pride of Rehoboam, the Synedrin of jerusalem consisting of 71 men, seems to be of that authority, 1 Chron. 10. 1. that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of judah was Neh. 11. 9 Precedent over this assembly, that is, some chief man chosen out of the Tribe of judah, as even the chief man for the City jerusalem, was chosen out of the Tribe of Benjamin: This will be made more evident by examples. jer. 26. 9 17 jeremy being sent by God to denounce the overthrow of the City jerusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiastical judgement or Senate; after this, by all the People, that is, by the ordinary judges of the City, to wit, by the Captains of thousands and hundreds; at last by the Princes of judah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that very judgement expressly condemn King jehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatening like things. Also we read jer. 37. & 38 elsewhere, that King Zedekiah, did so much reverence the Authority of this Sanhedrin, that he durst not free the Prophet Jeremy, thrust by these 71 men into a filthy prison, but likewise scarce dared to translate him into the Court of the Prison from thence; yea, when they persuaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in any thing; Yea, he fearing lest they should inquire into the conference which he privately had with jeremy, as if he were about to render an account of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdom which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chief institutor of all Monarchy● Such were the seven Magis in the Persian Empire, the Ephori in the Spartan Kingdom, and the public Ministers in the Egyptian Kingdom, assigned and associated to the King by the People to that only end, that He should not commit any thing against the Laws. Thus, and much more this Author, together with Con. Super antius Vasco, who published this Treatise to all pious and faithful Princes of the Republic, giving large Encomiums of its worth; as also the Author of the Treatise De jure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De jure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Laws written concerning the Office of a King, he was to be scourged for it; and that the Sanhedrin had a power above their king in some cases. Finally, the Kings of Israel and judah were not superior to, nor exempted from the Laws, but inferior to and obliged by them, as well as Subjects: This is evident, not only by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19 20. where God himself in the very description of the office and duty of their King, prescribes this in direct terms, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdom, that he shall write him a Copy of This Law in a Book, out of that before the Priest's and Levites: And it shall be with Him, and He shall read therein All the days of his life, that he may learn to fear the Lord his God, To keep all the words of the Law, and these Statutes to do them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandment, to the right hand or to the left: seconded by josh. 7. 8. This Book of the Law, shall not depart out of thy mouth, but thou shalt meditate therein day and night; that thou mayst observe to do according to all that is written therein: turn not to it from the right hand, or to the left, for than thou shalt make thy way prosperous, and then thou shalt have good success. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Book, and laid it up before the Lord: which Book, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19 as josephus mistakes; but as Petrus Curaeus and jun. brutus' Vindic. Contr. Tyrannos qu. 3. p. 121, 12●, Albericus Gentilis de I●re Belli l. 3. c. 15. p. 612. others more rightly observe, the Law of God concerning Kings, prescribed by him, Deut. 17. 14. to the end; and such Laws which commanded Kings to use justice and equity; to govern the Commonwealth well, for the people's benefit; to abstain from fornication and lusts; to retain modesty in a great fortune, etc. Hence Samuel enjoined both Saul and the People, to fear the Lord, and serve him, and obey his voice, and follow him, and not rebel against his Commandment, etc. 1 Sam. 12. 14, 15. 20. to 25. Hence King Ps. 1. 1, 2. Ps. 19 10. Ps. 119 th● oug●o●t. David did always meditate in the Law of God, day and night, accounting it more dear unto him then thousands of Gold and silver: And withal pronounceth from Gods own mouth; 2 Sam. 23. 3. The God of Israel said, the Rock of Israel spoke to me, he that ruleth over men must be just, ruling in the fear of God. Hence the 1 King. 10. 9 2. Chron. 9 8. Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel for ever, therefore made he thee King (what? to domineer at his pleasure? no verily, but) To do judgement and justice. Upon this ground, 2 Chron 34. 31. King josiah made a covenant before the Lord, to walk after the Lord, And to keep his Commandments, and his testimonies and his statutes with all his heart, and with all his soul; And King 2 Chron. 15. 12. to 17. Ezra 10. 3 etc. Neh. 9 38. c. 10. 1. to the end. Asa, with other Princes and Governors did the like, as the premises evidence: From all which, Isay 9 7. c. 16. 5. c. 32. 2. 2 Sam. 5. 12. Ezek▪ 45. 8, 9 and infinite other Scriptures, obliging Kings to reign in righteousness, to do justice and judgement to all, and Isay 1. 23. c. 12. 14, 15. Zeph. 3 3. Mi●●. 3. 9 to 12. Ezek. 22. 6. to 28. Isa. 14. 4. to 23. reprehending them exceedingly for their injustice, tyranny, oppressions, idolatries, and other sins; it is irrefragable; that their kings were as much, if not more obliged to keep both Gods and the kingdom's Laws, as the Subjects; and had no arbitrary power to do what they pleased. All that is, or can be colourably objected to the contrary, Object. 1. to prove the kings of Israel absolute Monarches, exempt from Laws, and paramount their Sanhedrin or people collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sins of Adultery and Murder to God, useth this expression; Against thee, Thee only have I sinned, and done this evil in thy sight: Of which Com. in Ps. 50. & Epist. ad Rusticam. Hierom renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ip●e legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate, In Psal. 50. Homini ergo non peccavit, cui non tenebatur obnoxius In Psal. 50. Arnobius & Cassiodor, add, De populo si quis erraverit, & Deo peccat & Regi: quando Rex delinquit, Grotius de jure Belli & Pacis, l, 1. c. 3. sect. 20. p. 63, 64 77. soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia solus erat qui ejus potuisset admissa discutere. The like we find in Isiodor. Epist. 383. which some jewish Rabbins back with this saying of Barnachmon, titulo de judicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the jewish kings were above all Laws, and not subject to the censures of their Congregations, States, or Sanhedri●. To this I answer Answ. first, That no doubt, David by his adultery and murder (being sins against the second Table) did sin not only against God, but 1 Sam. 2. 25. 2 Chron. 6. 22. Deut. 22. 23. 24. Ezek. 18. 6. 7. 11 against Vriah and his wife too, their children and kindred; yea Prov. 20. 2. 1 Cor. 6. 1●. against his own soul and body, though he were a king; That of justus Eccardus, De Lege Regia, being an irrefragable truth, granted by See Grotius de jure Belli, l. 2. c. 14. s. 20. Marius Salamonius de Principatulib. Rebuf Praesat. ad Rubr de Collationibus, p. 583. all Lawyers and Divines whatsoever, that the absolutest Emperors, Monarches, Kings, that be, are subject to the Laws of God, of Nature, of Nations, and cannot justly do any thing against them to the hurt of piety, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recompense to his Subjects against whom he sinneth in this nature, as David himself determines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against Vriah God threatens, that the sword should never depart from David's house; that he would raise up evil against him out of his own house, that be would take his wives before his eyes and give them unto his Neighbour, who should lie with them in the sight of the Sun, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalon his son, 2 Sam. 16. 22. The gloss therefore of these Fathers, that David was exempt from all Laws being a King, and that he could not sin against a Subject, is point-blank against the History, and Text itself; and manifested to be apparently false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thee only have I sinned, and done this evil in thy sight, as Augustine In Ps. 50. Marlorat. Mollerus, Musculus, Calvin, Bredenbachus, Brentius Bucunus, Brero, Bugenhag. Fernerius, Haymo, Gu●lter, Roll●c, Savanoerola, Scul●etus, Oilbert cognatus, Westhemerus, Zegodinus Wolfg. Seberius in Psal. 51. and others truly observe was: 1. Because David had plotted and contrived the murder of Vriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed mani● estum none erat, writes Augustine: 2. Because Vriah being slain, and his wife a party consenting to David's sin, his sin now might in this sense he said, to be against God alone. 3. sin, quatenus sin, and as it deserves eternal punishment, is properly committed against none but God, whose Law and prohibition only makes it sin; therefore in this regard, David now confessing his sin to God himself, useth this expression and rhetorical ingemination, Against thee, thee only have I sinned. 4. Because none was free from sin, and so fit to be his Judge in that respect but God only. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the only man; Rom. 2. 12. 14. 15. c. 3. 20. ●. 5. 13. c. 7. 7. 1 Cer. 15. 56. 1 joh. 3. 4. such a salve or medicine, is the only remedy; and the Scripture useth this phrase in this sense in David's own ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from any thing that he commanded him all the days of his life, save ONLY in the matter of Vriah, that is principally, for he committed divers sins besides, 2 Sam. 24. 10. to 20. as in numbering the people, in giving Mephibosheths' land to Ziba upon a false suggestion, Sam. 16. & 19 28, 29. himself confessing Psal. 40. 12. Psal. 38. 3, 4. that his iniquities were gone over his head, and his ●innes more than the hairs of his head: but yet this was his ONLY, to wit, his principal sin: so in divers others Texts, only is used for principally; as josh. 1. 7. 18. Only be thou strong; 1 Sam. 18. 17. Only be thou valiant: So here, against thee, thee ●●ly have I sinned; that is, I have principally sinned against thee alone, not excluding his sin against himself, Vriah, and others, whom he injured thereby. 6. This sin against See De lure Magistratus in subditos. p. 301, 302. Vriah was but a personal and private injury, into which David fell out of humane frailty, it was the first and only sin of this kind that ever he committed, for aught we read; he made no trade of it, he repented for it, and never relapsed again into it: in this regard therefore these Father's interpretations may be Orthodox, that for such a private sin of infirmity only, David was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murdering his subjects, ravishing their wives, and the like; or giving himself over to the open practice of gross Idolatry, (a sin only against God himself) and not repent of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the privilege of his regality, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporal or eternal: not from the Isay 30. 33. Rom. 6. 15. 16. eternal, which is the greatest, that is certain, therefore not from the temporal, which is the less. Finally, God himself threatens, that 2 Sam. 7. 14 Psa. 89. ●0, 31, 32. If Solomon or any Kings of David's Seed should forsake his Law, and not keep his Commandments, but commit iniquity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence the Hugo Grotius de lure Belli & paci●●. 1. c. 3 sect. 20; p. 64. Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonour, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this gloss of these Fathers, true only in some sense in private cases, and sins of infirmity against private men, not of public habitual transgressions. The second Objection, Object. is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19 This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, etc. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Vineyards, and give to his servants: And he will take your manservants, your maid-servants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall cry out in that day, because of the King whom ye have chosen you, and the Lord will not hear you in that day. Therefore their Kings were absolute Monarches, not bound to Laws, nor responsible to their subjects for their oppressions, not yet resistible by them. To which I answer, that this is a direct description of a Tyrant, and not of a lawful King; as is evident, First, Answ. 1. by the very occasion of the words; Uttered purposely by Samuel to dissuade the People from electing a King, & changing their former Aristocratical Government, into a Monarchical; because their kings would many of them prove more oppressive, Tyrannical and burdensome to them then their judges or his sons were, whose bribery and perverting of judgement, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses; Antiqu. jud. l 6. c. 4. josephus, and the consent of all Expositors. Secondly, by the introduction to, and the words themselves, This will be the manner of the King that shall reign over you, He will take, and he will do thus and thus; not this aught to be the manner, he ought to do, or lawfully may do thus and thus. Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expressly enjoining Kings to judge their people righteously, to do justice and judgement, and not any ways to oppress or spoil them. I shall instance only in two particulars. First, the law of Gods expressly prohibits Exod. 20. 17. Deut. 5. 21. all men (and Kings as well as others) to covet their neighbour's Houses, his manservants, his maid-servants, his Ox, or his Ass, or any thing that is his Neighbours: If their Kings then might not lawfully so much as desire or covet, much less might they lawfully take away their Houses, Sons, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or any thing else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need▪ be only a declaration of what their Kings would Tyrannically do, not of what they might lawfully or justly execute. Secondly, it is Gods express Edict, Ezek. 46. 18. The Prince shall not take the People's inheritance by oppression, to thrust them out of their possessions, but he shall give his Son's inheritance out of his own possession, that my people be not scattered every one from his possession. And Ezek 45. 8, 9 The Land shall be the Prince's possession in Israel, and my Princes shall no more oppress my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoil, and execute judgement and justice; take away your exactions (or expulsions) from my people, saith the Lord. Whence 1 King. 21. 2 to ●5. Ahab King of Israel for coveting, and unjustly depriving Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking possession thereof after his unjust condemnation, had a most severe judgement denounced against him, even the utter extirpation of himself, Q. jezabel, and their posterity, afterwards executed: Which punishment God would never have inflicted on them, had it been lawful for the Kings of Israel to take the people's Fields, Vineyards, Oliveyards, etc. and possess or give them to their servants, as Samuel here tells them their K●ngs will do: This clause then of taking their Field, Vineyards, etc. from them, by the King, without their consents, being thus diametrally contrary to these Texts of Ezekiel, and such a capital Crime in King Ahab, (yea, contrary to the practice of joseph, and the Egyptian Heathen King Pharaoh, who took not away, but bought the Egyptians Cattell and Lands for Corn, Gen. 47. 14. to 27.) can to ways, be warranted as a just royal prerogative lawful for their Kings to use, but must needs be branded for a Tyrannical Oppression. Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not subjects;) And ye shall cry in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would not aught to cry to god against the proceedings of a just upright King, but only of a Tyrant and Oppressor; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings always be. Fifthly, consult we with all Politicians whatsoever, this description suits only with a Tyrant, not with any lawful King: and that it is meant of such a one, we have the testimony of Antiqu. jud. l. 6. c. 4. 5. josephus, the general concurring suffrage of all Commentators and Expositors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brentius, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Peter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate▪ the English Bibles notes, with others) and of sundry who descant on this Text in other writings; by name, of M. john Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Political Government. p. 44. junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De jure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iud●ic. p. 53. Shickardus jus Regium judae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucananus de jure Regni apud Scotos, p. 44. Dole●-man, p. 68 70. Haenon. disp▪ polit. p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani, Franco-Gallia, c. 10. Amesius de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where he writes, That Samuel here tells the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, etc. This Text then being clearly meant of their King's Oppression, violence, injustice against Law, right, and a clear descript on of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites, and jews themselves, their Kings were subject to the Laws, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Sovereign power, and Paramount their Kings themselves, whom they did thus freely elect, constitute, and might in some cases justly censure, resist, depose, (if not put to death) by common consent, for notorious gross Idolatries and public multiplied crimes, as the forecited authors aver. All which considered, eternally refu●es, subverts, confonnds the erroneous false Positions and Paradoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Author of The necessity of Subjection, with other late ignorant Pamphleteers, have broached to the contrary, without either ground or precedents to warrant what they affirm, touching the absolute Sovereignty, Monarchy, irresistibility, incorrigibility of the Kings of judah and Israel by their whole States, Congregations, Kingdoms general assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Sovereign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannical Princes, bend to subvert Religion, Laws, Liberties, the Republic, are founded; which must now needs vanish into nothing, before this Catholic, irrefragable clear-shining verity, abundantly ratifyed by innumerable precedents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will infinitely oversway, swallow up the inconsiderable contrary opinions of some few privadoes, who (either out of flattery, hopes of getting, or keeping undemerited preferments, fear of displeasing greatness, or inconsiderate following of other reputed learned men's mistakes, without due examination of their erroneous Tenants) have engaged themselves in a polemical blind Combat against these infragable transparent Verities; whose defence I have here made good against all their misprisions, and bootless assaults. Having now Historically ran over the most eminent Empires, Kingdoms of ancient and present times, in a kind of confused method, their copious vastness and variety being so boundless, and my time to collect them so small, that I could hardly marshal them into any comely distinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be aptly reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing, some new punctual Authorities of note, to ratify and confirm them. First, Observ. 1. it is undeniably evident from all the premises, That all Monarchies, Empires, Kingdoms, Emperors, Kings, Princes in the world, were originally created, instituted, ordained, continued, limited, and received all their jurisdiction, power, Authority both from, by, and for the people, whose Creatures, Ministers, Servants they are, and aught to be. If we survey all the several Lawful Monarchies, Empires, Principalities, Emperors, and Kings, that either have been, or yet are extant in the world; we find all sacred and profane Histories concur in this, that they had their original erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Monarchies were conferred, (by the people's free election only) yet extant on record in most Histories, and withal express relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two kingdoms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Politicians concurring, resolving with ● P▪. 2, 13. Peter, that Kings are humane Creatures or Ordinances instituted,, diversified thus by men, and the people alone, out of God's general or special providence, not one of them all being immediately or directly ordained by God, as the only efficient cause, without the free concurrence, consent and institution of the people. This truth, is not only ratified by Lex Regia, whereby the Roman Emperors were created, yea, invested with all their power; registered by justus Eccardus de Lege Regia, & Marius Salamonius de Principatu, l. 6. Part. 3. p. 110, 111. formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybius, Cicero, Livy, justin, Pliny, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodorus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gallia, c. 1. 6. 10, 13. the Author of De jure Magistratus in subditos, Quaest 5. p. 239. 240, etc. Thomas Garzonius Emporij Emporiorum, Pars, 1. Discursus 1. de Dom. p. 13. Vasquius Controvers. Illustrium, 12. n. 133. 59 n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius, Quaest Illust. T. 2. 396. n. 2. 4. Hugo Grotius de jure Belli, l. 1. c. 4. sect. 7. l. 3. c. 14. sect. 11. and elsewhere; Marius Salamonius de Principatu; Eccardus de lege Regia, with others cited by them: hooker's Ecclesiastical Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de jure Belli, l. 2. c. 10. 15. joannes Marianade Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & junius Brutus, Vindiciae contra Tyrannos, Quaest 3. p. 83. to 94. with whose words I shall close up this observation, (having Part 3. p. ●15, to 122. elsewhere particularly proved the verity thereof, and answered all Objections against it from misinterpreted Scriptures:) We say now (writes he) that the people constitute Kings, deliver Kingdoms, approve Kings elections, with their suffrages; which God would have to be thus, that so whatsoever authority and power they should have, they should, next to him, refer it to the people, and therefore should bestow all their care, thoughts, industry for the people profit; neither verily should they think themselves advanced above other men for their excellency of nature, no otherwise then men are over Herds and Flocks, but should remember, that being born in the same condition with others, they were lifted up from the ground unto that condition by the suffrages, as it were, by the Shoulders of the people, upon whose Shoulders the burden of the Commonweal should for a great part rest. After which he proves by Deut. 17. and divers forecited precedents in Scripture, that God gave the Election and Constitution of the kings of Israel to the people; and that notwithstanding the succession of the kingdom of judah was by God entailed afterwards to the Lineage of David, yet the Kings thereof actually reigned not before they were ordained by the people. Whence we may conclude, that the Kingdom of Israel, if we respect the stock, was certainly hereditary, but if we regard the persons, altogether elective. But to what end was this, if the Election appear, as it is confessed, but that the remembrance of so great a dignity conferred by the people, should make them always mindful of their duty: So likewise among the Heathens we read, that Kings were constituted by the people; for when they had wars abroad, or contention at home, some one man, of whose fortitude and justice the multitude had a great opinion, was by cammon consent assumed for King. And among the Herod. l. 1. Cicero, l. 1. office▪ Medes, saith Cicero, Deioces was of an Arbitrator made a judged, of a judge created a King; and among the Romans the first Kings were elected. Therefore when Romulus being taken away, the Inter-regnum of the hundred Senators was displeasing to the Romans, they accorded, Livius, l. 1. that aftwards Kings should be chosen by the Suffrages of the people, the Senate approving it: And Tarquin the proud was therefore reputed a Tyrant, for that being created neither by the people nor Senate, he held the Empire only by force and power: Wherefore Caesar although he invaded the Empire by force, yet that he might cozen the people at least with some pretext of Law, would seem to have received the Empire from the Senate and people: But Augustus although he was adopted by Caesar, yet he never bore himself as heir of the Empire, by divise; but rather received it as from the Senate and people; as did also Caligula, Tiberius, Claudius; whereas Nero, who first invaded the Empire by force and wickedness without any colour of Law, was condemned by the Senate. Since than no man could be born an absolute King, no man can be a King by himself, no man can reign without the people: Whereas on the contrary, the people may both be, and are by themselves, and are in time before a King; it most certainly appears, that all Kings were first constituted by the people. Now albeit that from the time that Sons or Nephews imitated the virtues of their parents, they seem to have made kingdoms as it were hereditary to themselves in certain Countries, where the free power of Election may seem in some sort to have ceased, yet that custom hath continued in all well constituted kingdoms, that the children of the deceased kings should not succeed until they were as de n●no, newly constituted by the people, nor should not be acknowledged as heir's to their Fathers, but should only then at length be reputed kings, when they had as it were received investiture of the Realm from those who represent the Majesty of the people, by a Sceptre and Diadem. In Christian kingdoms which at this day are said to be conferred by succession, there are extant most evident footsteps of this thing. For the kings of France, Spain, See here, par. 1 p. 53. to 78. England, and others are wont to be inaugurated, and as it were put into possession of the Realm by the States, Senators, Nobles and great men of the Realm, who represent the universality of the people, in the same manner as the Emperors of Germany are by the Electors, and the kings of Poland by the Vayvods or Palatines, where the entire right is only by election, neither is royal Honour yielded to them in the Cities of the kingdoms, before they have been duly inaugurated: Neither also heretofore did they compute the time of the reign, but from the day of the inauguration, which computation was accurately observed in France: And that we may not be deceived by reason of any continued stories of succession; even in those very kingdoms, the States of the Realm have oft times preferred a kinsman before a son, the second son before the eldest; as in France, Analas Gilly. Lewis, the brother, before Robert Earl of Dreux; also Henry, the second brother, before Robert Capet the Nephew, with others elsewhere: Yea, and the same kingdom by Authority of the People, hath been translated from one Nation and Family to another, whiles there were lawful heirs extant; from the Merovingi to the Carlingi, from the Carlingi to the Capets; which hath been likewise done in other Realms, as it sufficiently appears out of the truest Histories. And that we may not recede from the kingdom of France, which hath ever been reputed the pattern of the rest, in which, I say, succession seems to have obtained greatest strength: We read that Pharamont was elected, Anno 419. Pipen, An. 751. Pipens sons, Charles the great and Charlemagne 768. not having respect of the Father; Charlemagne being at last taken away 771. the Brother's part did not immediately accrue to Charles the Great,;;; as is usually done in inheritances, but by the determination of the people and public Council: and by them Ludovicus pius was elected, An. 812▪ although he were the son of Charles the great. Yea, in the very Testament o● Charles, which is extant in Nauclerus, he Entreats the People by the Common Council of the Realm to elect one of his nephews whom they pleased; as for high, Uncles he bids them rest satisfied with the Decréc of the people. Whence Charles the bald, Nephew by Lewis the godly and judith, professeth himself An elected King in Aimoinius the Historiographer. In sum, all kings whatsoever, from the beginning were Elective; and those who at this day strive to come to the kingdom by succession, must of necessity be First ordained by the people. Finally, albeit the people by reason of certain egregious merits, hath in certain Realms used to choose kings out of the same stock, yet they choose the stock itself, nor the branch; neither do they so choose it, but if it degenerates, They may elect another: But even those who are nearest of that stock, are not so much born, as made kings; are not so much accounted kings as the Attendants of kings; which Franciscus Hotomanus in his Franco-Gallia, cap. 6. 7. & 10. prosecutes more at large, and manifests by sundry pertinent Precedents and Authorities. Observe. 2. Secondly, that it is apparent by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdom, with the Parliaments, Senates, States, Diets, public Officers and general Assemblies which represent them, are the Supremest Sovereign power, superior to the Emperors, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Sovereign Lords or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and professedly maintained by Marius Salamonius, de Principatu, in six several Books; by john Mariana, de Rege & Regis Instit. t. 1 c. 8. Stephanus junius Brutus, his Vindicia contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De jure Magistratus in Subditos, throughout: justus Eccardus, de Lege Regia: Henricus Ranz●vius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus (an eminent Civil Lawyer) Disputationes juridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves, Num. 127▪ 128, 129. The inferior Magistrates, as in Germany the Electors, Princes, Earls, Imperial Cities; in France the Peers of France, in Poland the Vayvodes or Palatines, and in other Kingdoms the Nobles, Senators, and Delegates of the Estates, as they are severally inferior to the Emperor or King, Ita Univers● Superiores existunt, so collectively They are superior to them; as a General Council is above the Pope, the Chapter above the Bishop, the University above the Chancellor; The Prince, saith Peneg. Trojan dittus▪ Pliny the second, even the greatest, is obliged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is less than the Republic or Kingdom itself:) by Franciscus Hotomanus a learned French Lawyer, in his Franco-Gallia, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctoritate Principum in populum, etc. and De jure Majestatis, Sebastianus Foxius, De Regni Regisque Institutione; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. I. 399. n. 6. Haenon Disp. Polit. p. 179. etc. Alhusius Polit. c. 4. p. 146. to 154. with john Calvin Instit. l. 4. c. 20. sect. 31. and Barclay l. 3● adver. Monarc● c. 8. l. 6. c. 23. 24. quoted by Grotius. divers others forecited: Hear Vindi●iae Contr. Tyrann●● printed 1589. Quaest 3. p. 9 91▪ to 111. junius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and ingeniously, in these words: Now verily, since Kings are constituted by the people, it seems necessarily to follow, populum universum Rege potiorem esse, That all the people are better and greater than the King. For such is the force of the word, that whoever is constituted by another, is reputed less than him; he who receiveth authority from another, is inferior to his Author. Gen. 39 4. Potipher the Egyptian appointed joseph over his family; Dan. 2. 48. Nebuchadonozer set Daniel over the Province of Babylon Darius set an hundred and twenty Princes over the Kingdom. Verily Masters are said to appoint servants; Kings Ministers; so likewise the people appoints the King, as the Minister of the Commonweal; which title good Kings have not contemned, and ill Kings have affected, so that ●or some ages, none of the Roman Emperors, but an apparent Tyrant, such as Nero, Domitian, Caligula, would be called LORD. Moreover it appears, that Kings were instituted for the people's sake; neither wilt thou say, that for an hundred Homunci●es more or less, (for the most part far worse than the rest) all inferiors whatsoever were created, rather than they for them. Now reason requires, that he for whose sake another exists, is to be accounted lesser than he. Thus the Governor of a Ship is instituted by the owner for the Ships sake, who sits at the Helm, lest the Ship should be broken on the Rocks, or ill hold her course. And verily whiles he intends this business, the other Mariners serve him, and the owner himself obeys him; and yet he is a servant of the Ship, as well as any mariner, neither differs he from a mariner in gender, but in kind: In the Republic, which is usually compared to a Ship, the King is in place of a Master, the people of an Owner: therefore to him seeking the public safety, the people obey and submit; when notwithstanding he is, and ought no less to be accounted a servant to the Republic, as well as any Judge or Captain, neither differs he from those in any thing, but that he is bound to bear greater burdens, and undergo more dangers: Wherefore verily what things soever the King acquires in war, or when he gaineth adjoining Coasts by right of war or by sentence of Law, as those things which are brought into the Exchequer, he acquires to the Kingdom not to himself; to the people, I say, which constitute the kingdom, no otherwise then as a servant (purchaseth) to his Lord; neither can any obligation be contracted with him, but by their authority. Furthermore, innumerable people live without a king, but thou canst not conceive a King without a people, so much as in thy mind. Neither have some attained a Royal Dignity because they differed in kind from other men, and aught to rule over others by a certain excellency of nature, as shepherds do over their Flocks; but rather, the people created out of the same Mass, have advanced them to that degree, that so if they enjoyed any authority, any power, they should acknowledge it received from them, and possess it as during their pleasure; which the ancient custom of the French aptly showeth, who Hotomani Franco-Gallia, c. 6. lifting their King up on a Buckler, proclaimed him King. For why, I pray, are Kings said to have innumerable eyes, many ears, long hands, most swift feet? what, because they are like to Argus, Geryon, Midas, or to those whom fables have feigned? verily no, but indeed because all the people whom it concerns, lend all their eyes, their ears, their hands, feet, and faculties to the king for the use of the Republic. Let the people recede from the King, he who even now seemed eyed, eared, strong and flourishing; will suddenly wax blind, deaf, and fall to nothing; he who erewhile did magnificently triumph, will in one moment become vile to all: he who even now was adored almost with divine honours, will be compelled to play the Schoolmaster at Corinth: Over-turn only the basis of this Giantlike heap, and like the Rhodian Colossus, it will of necessity fall, and be broken into pieces. Since therefore a King exists by and for the people, and cannot consist without the people; to whom may it seem strange if we conclude, That the People are greater than the King.; Dan 6. 1. Moreover, what we say of all the People, we will have spoken also, as in the second Question, of those also who lawfully represent all the people in every kingdom or City, who verily are commonly reputed the Officers of the Kingdom, not King. The Officers of the K●ng, are created or discharged by the King at his pleasure; Moreover, when he dyeth they are out of place, and are in some ●ort accounted dead men. Contrarily, the Officers of the kingdom, receive their authority from the people, to wit, In a public Council, or at least, Heretofore were w●nt to receive it, neither can they be cashéered without the same. Therefore those depend on the King, these on the kingdom: they, from the Supreme Officer of the kingdom, who is the king himself; these, From the Supreme Dominion of the People, from whom the king himself, as well as they, aught to depend. Their Office is, to take care of the king: these men's duty, to take heed that the Commonwealth receive no detriment any where: Theirs to be present and serve the King, as any domestic servants do their Masters; these men's, to defend the rights and privileges of the people, and diligently to provide, that the Prince himself commit, or omit nothing to their destruction. Finally, those are the King's servants, Ministers, domestics, instituted only to obey him; these contrarily, are as the king's Assessors in judging according to Law and Consorts of the Royal Empire; so as all these are bound to govern the Commonweal, no otherwise then the king is; yet he, as a precedent among them, may only hold the first place. Now as All the People are superior to the King; so even these, although single, every of them be inferior to the King, yet All of them are to be deemed superior to him. How great the power of the first kings was, appears sufficiently from this; that Ephron king of the Hittites, durst not grant the right of a sepulchre to Abraham without the people's consent; Gen. 23. and 34. nor Hamor the Hivite king of Sechem, make a league with jacob, the more weighty affairs being usually referred to the people. And verily in those kingdoms, which at that time were circumscribed almost with one City, this was easy: But from that time kings began to enlarge their Territories, neither could all the people assemble in one place without confusion, Officers of the kingdom were appointed, who should ordinarily defend their rights; yet so, as when there should be need, either all the people, or at least a certain Epitome of them should be extraordinarily assembled. We see this order to have been in the kingdom of Israel, which by the judgement almost of all politicians, was best of all constituted. The king had his Bakers, Butlers, Cham●berlaines, Masters and Stewards of his House, who overlooked his Family; the kingdom had likewise its Officers, 71. Elders and Captains chosen out of every tribe, who might take care of the Republic in time either of peace or war: and finally its Magistrates in every Town, who were every one to defend their Rites, as the others the whole kingdom (which he proves to be above their kings, and to overrule them, in the Har. p. 143● 144. forecited passage.) Such were the 7. Esther 1. Magis, or wise men in the Persian Empire, being as it were Consorts of the Royal Honour, and who were called the king's eyes and ears, with whose judgement we read the kings rested satisfied: Such were the Ephori in the Spartan Realm, to whom they appealed from the king, and who did likewise judge the kings themselves; as it is in Aristotle; In the Egyptian kingdom the public Ministers were elected and assigned to the king by the people, only to this end, that he should commit nothing against the Laws. Now as Arist. P●li●. l. 5. c. 11. & 6. 3. c. 7. Aristotle every where calls those lawful kings, to whom such Officers are adjoined, so likewise he fears not to say, where they are wanting, that there is not a Monarchy, but either pla●●ly a barbarous tyranny, or a domination next to Tyranny. In the Roman State the Senators obtained this place, and the Magistrates ufually chosen by the people, the Tribune of the Consuls, the precedent of the City, and the rest, so as there lay an appeal from the king to the people, which Seneca citys out of Tully's Book of the Republic, and the History of Horatius Tergeminus, condemned by the Royal judges for the murder of his sister, and absolved by the people, sufficiently evidenceth: But under the Emperors, the Senate, Consuls, Praetors, Praetorian Perfects, Precedents of Provinces, which were given to the people and Senate, were therefore all called the Magistrates of the people of Rome. Therefore when as by the Decree of the Senate, Maximinus the Emperor was judged an enemy of the Republic, Herodian. l. 8. in Orat Maximi & Albi●a●l Milites. and Mazimus and Albinus were created Emperors by the Senate against him, the Soldiers took an oath, that they would Fathfully obey the people of Rome, the Senate & Emperor, howsoever this law might be violated under tyranny. As for the Empires at this day (as the Turkish & Muscovitish, and others of this kind, which are rather great Robberies, than Empires) there is not one of them, which if not at this time, was not at least in times past governed in this manner. But if it be come to pass through the Magistrates fault and slothfulness, that in some places posterity have received a worse Common weal, notwithstanding those who at this day possess these Offices, are bound as much as in them is, to revoke all things to their ancient state. In the Germane Empire which is conferred by election, there are Princes, and Electors, as well Laics as ecclesiastics, Earls, Barons, Cities, Ambassadors of Cities, who as they have the care of the Commonweal in their several places, so likewise in general Assemblies (or diets) whenthere is needs, they represent the Majesty of the whole Empire, where they are bound to care, that the Republic sustain no detriment by the private endeavours or hatreds of the Emperor. Therefore there is one Chancellor of the Empire, another of the Emperor; other and different Officers besides, both of the one, and other: divers Exchequers, divers Treasurers; and therefore it is a common saying, that the Empire is preferred before the Emperor, so as the Emperor may be every where said to do homage to the Empire. Likewise in the Realm of Poland, the Bishops, Palatines, Castellans, Nobles, Deputies of Cities and Counties are extraordinarily assembled; in whose assembly only new constitutions are made, and wars decreed. But ordinarily the councillors of the Realm of Poland, the Chancellor of the Polish Repub. etc. although the King in the mean time hath his own Chamberlains, Stewards, Ministers & Domestics. But he who will dispute among the Polonians, whether the King or the whole people of the Kingdom, represented by the Estates of the Realm, be greater? doth just like him who should dispute at Venice, whether the Duke or the Republic were the superior? But what shall we say of those kingdoms which are wont to be carried by succession? Verily the thing is no otherwise there. The Realm of France, which not long since was preferred before the rest both for the excellency of Laws and Orders, was thus constituted in times past; and although those who hold that place do not sufficiently discharge their duty, yet they are not thereby the less obliged to do it: The king verily hath his great Master, or Arch-Steward, his Chamberlains, Hunters, Guard, Butlers, and the rest, whose Offices heretofore did so depend on the King that he dying, themselves seemed also to die in their Office; so that even yet, after the end of the mourning royal, the great Master or Arch-Steward, is wont to pronounce certain conceived words, wherewith he dismisseth the royal family, and bids every one provide for himself: Yet notwithstanding the Kingdom of A●monius, l. 5. c. 6. in Ca●olo Caluo. S●e Holomani Franco gallia, ●. 5, 6, ●0. etc. France hath its Officers, the master of the Palace, who afterwards was styled the Earl of the Stable, the Marshals, Admiral, Chancellor, or great Referendary, Secretaries, Treasurers, and Officers, who verily heretofore WERE NOT CREATED, BUT IN THE GREAT PUBLIC COUNCIL of the three Orders of the Clergy, Nobility and people; but since the standing Parliament was ordained at Paris, they are not thought settled in their Offices, before they be received and approved by the Senate of Paris, P. ●il●us. sam. Inst quibus ●mod. in Patriae ●ot solvitur. neither can they be cashiered without their consent and authority: Now all these, first plight their faith TO THE KINGDOM, that i●, to all the people, after that to the King, as the Guardian thereof; which is perspicuous even from the very form of the Oath. But especially the Earl of the Stable, when he is girded by the King with the Liliated sword (as appears by the words which he pronounceth,) is girded to that purpose, THAT HE MAY DEFEND AND PROTECT THE REPUBLIC. Moreover the Realm of France hath its Peers, as Consuls of the King, or its Senators, as the Fathers of the Republic, every of them denominated from the several Provinces of the Kingdom, to whom the King, being to be crowned, is wont to plight his faith, as to the whole Kingdom: from whence it appears, THAT THEY ARE SUPERIOR TO THE KING: These again likewise wear, that they will defend, not the King, BUT THE ROYAL CROWN; that they will assist THE REPUBLIC with their council, and that for this end, they will be present in the sacred Council of the Prince in time of Peace or War, as manifestly appears out of the formulary of the Peership: Therefore by the Law of Revatus, ●happinus. Lombardy, in giving sentences, they did not only sit with the Lord of the Fee as Peers, but likewise heard the Causes oft times between the Superior Lord and his Vassal. We likewise see these Senators of France to have oft times judged between the King and Subjects, so that when Charles the 6. would have pronounced sentence against the Duke of Britain, they withstood him, and said, THAT THE JUDGEMENT WAS NOT THE KINGS, BUT PEERS, FROM WHOSE AUTHORITY HE COULD DEROGATE NOTHING. Hence even at this day the Parliament at Paris, which is called the Court of Peers or Senators, is in some sort constituted a judge between the King and People, yea, between the King and every private man, and is bound, as with an obligation to right every one against the King Procurers, if he invades any thing against Law; Besides, if the King determines any thing, or makes any Edict at home, if he make any compact with neighbour Princes, if any War be to be waged, if any Peace be to be made, as of late with Charles the fifth, The Parliament ought to approve, and been Author of it, and all things which appertain to the Commonwealth, aught to be registered among its acts; which verily are not ratified, until they shall be approved by it. Now that the Senators might not fear the King, heretofore none could be preferred into that Order, but such who were nominated by the Senate, neither could they Lawfully be removed, but by its Authority, for a lawful cause.;;; Finally, even the King's Letters, unless they be subscribed by the King's Secretary, and rescripts, unless they be signed by the Chancellor, (who hath a power of cancelling) have no authority. There are likewise Dukes, Marquesses, Earls, Viscount's, Barons, Castellanes; also in Cities▪ Majors, Deputies, Consuls, in Sindeches, Auditors, and the like, to whom some particular Region or City are severally commended, that they may defend the People so far forth as their jurisdiction extendeth, although some of these dignities at this day are reputed Hereditary: And besides this, yearly heretofore, at leastwise as often as necessity required, there was held an Aimo i●ius. Assembly of the three Estates, wherein all the Countries and Cities of any note, did send their Deputies, namely Commons, Nobles, ecclesiastics in each of them apart; where they publicly determined of those things which appertained to the Republic: Now such was evermore the authority of this Assembly, that not only those things which were therein accorded, were reputed sacred and holy, & whether Peace were to be concluded, or War to be waged, or the Guardianship of the Realm to be committed to any one, or a Tax to be imposed, was there concluded; but even Kings themselves for their luxury, slothfulness or tyranny, were thrust into Monasteries, & by their authority, even all their Offsprings deprived of the succession of the Kingdom, no otherwise then at first, when as they were called to the kingdom, by the people's authority: verily those whom consent had advanced, dissent did pull down again; those whom imitation of paternal virtues had as it were called into that inheritance, a degenerate and ungrateful mind, as it had made then uncapable and unworthy, so it did make them to be disinherited: From whence verily it appears, that succession truly was tolerated to avoid competition, succession, an interregnum, and other incommodities of Election; but truly when grea●er damages would follow; where Tyranny should invade the Kingdom, where a Tyrant the Throne of a King, the lawful Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothful King, and of deducing him to his Kindred, and of substituting a good King in his place. Verily peradventure the French received this from the Gauls, Caesar, l. 5. & 7. de Bello Gallic●. Caesar in the fifth Book of the Gallic War, being the Author; For Ambiorix King of the Eburoni, confessed, that all that time the Empires of the Kings of Gallia were such, that the people duly assembled, had no less authority over the King, than the King over the people; which also appears in Vercingetorix, who pleaded his cause before an assembly of the people. Note. In the Kingdoms of Spain, especially in Valentia and Catteloigne of the Arragonians it is even thus, for the Sovereignty of the Realm, is in the Justice of Arragon, as they call it; therefore the great men, who represent the people, fear not to tell the King in direct terms, both in his very Coronation itself, and likewise every third year in the general assembly of their Estates, Tantum valemus nos, quantum vos; We are as powerful as you, but the justice of Arragon is above us both, who rules more than you. Yea, oftentimes what things the King hath asked, what he hath enjoined, the justice hath prohibited; nay, he never dares to impose any tribute without the authority of that Assembly. In the Realms of England and Scotland, the Supreme power is in the Parliament, usually wont to be held almost every year. Now they call a Parliament, the Assembly of the Estates of the Realm, where the Bishops, Earls, Barons, Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs, whose authority is so sacred, that what things soever it shall once establish, it is unlawful (or a wicked act) for the king to abrogate. Likewise all the Officers of the Realm are wont to receive their Offices from that Assembly, and those who ordinarily assist the King or Queen in Council. In brief, other Christian Kingdoms, as Hungary, Bohemia, Denmark, Sweden, and the rest, have all their Officers of the Realm, or Consuls of the Royal Empire, who by their own Authority have sometimes used even to depose their Kings themselves, as Histories teach, or fresh memory sufficiently manifests: Neither is there verily any cause that we should think the Royal Authority to be thereby diminished, or that Kings should hereby suffer as it were a diminution of their heads; Truly, we deem not God the less potent for this, because he cannot sin by himself, nor his Empire more restrained, because it cannot be ruined, nor grow worse; therefore not a King, if that he who may offend by himself, be sustained or kept from sinning by another's help; or if peradventure he had lost any Empire by his own negligence or fault, that he may retain by another's prudence. What? do you think any man less healthy, because Physician's ●it round about him, who dehort him from intemperance, who interdict him the eating of hurtful meats, who likewise ofttimes purge him against his will, and resisting? Or whether dost thou think those Physicians who take care of his health, or flatterers who obtrude the most unwholesome things, to be more his friends? Therefore this distinction is altogether necessary to be adhibited: Some are friends of the King, others of Caesar; those are friends of Caesar, who serve Caesar; those friends of the King or Emperor, who serve the Kingdom: For since any one is called a King, Note. for the Kingdom's sake, and the Kingdom consists in the people; but the Kingdom being lost or decayed, the King must altogether cease to be a King, or, at least, be less a King: those verily who shall study the profit of the Kingdom, are truly the King's friends; those who neglect, or subvert the profit of the Realm, are truly his Enemies: and as thou canst by no means separate the Kingdom from the people, nor the King from the Kingdom; so neither the friends of the King from the friends of the Kingdom or people; yea verily, as those who truly love Caesar would rather have him to be a King than a private man, nor can they have him a King without a Kingdom, in good ●ooth those shall be the Kingdom's friends who are Caesar's; and those who would seem to be more the friends of Caesar, then of the Kingdom or people, are truly to be reputed Flatterers and most pernicious enemies. But and if they be truly friends, is it not manifest, that the King will become more powerful and stable, (as Theopompus said of the Ephori when instituted) by how much those shall be more, and more powerful, to whom the profit of the people or Realm shall be commanded and committed?;;; But perchance thou wilt say, You tell me of the Senators, Peers, and Officers of the Realm, but I, on the contrary, see nothing but Ghosts, and as it were ancient Cote-Arms in Tragedies, but I scarce any where discern any footsteps of ancient liberty and authority. Finally, you may see most men every where to look to their own affairs, to flatter kings, to cheat the people; scarce any where mayst thou find one who takes pity of the mascerated people, much less who will give help to the miserable; but if there be any who are truly of that mind, or thought to be so, they are judged Rebels, or Traitors, they are banished, and they are compelled to beg even their very food. What? the thing is thus: It seems almost always and in every place the audacity of Kings, Note. or partly the prevarication, partly the slothfulness of the Nobility hath been such, that kings may seem to have usurped that licentiousness wherewith most of them at this day seem to wax insolent, by a long prescription of time, but the people may seem to have determined their Authority, or to have lost it by not using it: For so it happens for the most part, that no man takes care for that which all are bound to take care of, that which is committed to all, no man thinks it is commended to him. Yet notwithstanding, against the people, neither this prescription nor prevarication doth any thing. It is a vulgar saying, that no prescription can hurt the king, or Exchequer, much less all the people, who are potenter then the King, and for whose sake the Prince hath this privilege; for why else is the Prince only the administrator of the Exchequer, but for the people, the true proprietors as shallbe after proved? Furthermore, is not this a known truth, that no violence, no not in the longest lasting servitude, L. proponebatur, 76. D. de Iud●ciis, l. quires suas 98. parage. ult. de solation l●inter stipul. 93. parag. Sacram. D. de Verbor▪ oblige. V●pian. de Reg. juris, l. 54. can be prescribed against liberty? But and if thou objectest, that Kings were constituted by the people, who perchance lived above five hundred year since, not by the people extant at this day; I answer, that although kings do die, the people in the mean time (as neither any other University) never dyeth; for as flowing waters make a perpetual river, so also the vicissitude of birth and death an immortal people: Therefore as the Rhine, Seine, Tiber, is now the same as it was above a thousand years ago, so likewise the German, French, Roman people are the same, (unless Colonies shall have casually intervened) neither can their right be any ways changed, either by the flux of water, or change of individuals. Besides, if they attribute the Kingdom received, not to their people, but to their Father▪ & he to his Grandfather, and so upwards, could he transfer more right to another than himself first had? But and if he could not, (as it is certain he could not) is it not manifest, whatsoever he shall arrogate to himself besides, that he cannot any more usurp it then any thief? But on the contrary the people have a right of perpetual eviction. Therefore that the Nobles have been for a long space oppressed in any Kingdom, can no way prejudice the people; but rather, as the servant should not be heard, who in that he hath a very long time detained his Lord captive, should boast, that he was not only a Freeman, but would likewise arrogate to himself a power of life and death over his Lord: nor yet a Thief, who because he hath robbed 30. years, or is the son of a Thief, should think himself to be without fault, yea rather, by how much the longer he hath been such a one, the more severely should he be punished: So likewise a Prince is not to be heard or endured, who because he hath succeeded to a Tyrant, or hath for a long time used the people like a bondslave, from whom he hath received his kingdom, or hath offered violence to the Nobles, should think that what ever he lusted should be lawful to him, and aught to be granted of right. Neither do years subtract any thing from the people's right, but add to the injury of the King. But what, if the Nobles themselves have colluded with the King? what, if in betraying the cause, they have betrayed the people as it were bound, into the hands of a Tyrant? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King? whether I say, by this fact is any thing taken away from the liberty of the people, or adjoined to the licentiousness of the Prince? You will say, they may impute it to themselves, who made choice of such men of perfidious faith. But yet these are as patrons to patronise the public profit, and the people's safety and liberty: Therefore as when an Advocate shall make a compact with the adversary of his Client, concerning the value of the suit as they speak, if he had betrayed his cause, he should not hurt him at all; so this conspiracy of the Nobles, as it were made to the damage and destruction of the people, cannot verily detract any thing from their right; but even they themselves shall fall into the penalty of the Law, which is promulged against prevaricators, and the Law permits the people to choose another patron, and to prosecute their right again: For if the Roman people condemned their Emperors to punishment, who at the Caudine Gallows had dishonourably contracted with the enemies, although by compulsion, and reduced to greatest straits; and judged that they were no ways obliged by that paction; shall not the people be much less bound to suffer that yoke, which not by force, but willingly; not for fear of death, but out of desire of gain, hath been thus treacherously put upon them? Or if those who ought to shake it off shall impose it, or those who might do it, shall tolerate it? Observ. 3. He hath many other pertinent passages to the same effect, which brevity enjoins me to omit; those that please may read them at their leisure in the Author himself; whose opinion is fortified by Alphonsus Menesius his poems, annexed to his Treatise. Thirdly, it is abundantly manifest from all the premises; That Kings and Emperors always have been, are, and aught to be subject to the Laws and Customs of their Kingdoms, not above them, to violate, break, or alter them at their pleasures, they being obliged by their very Coronation Oaths in all ages and Kingdoms inviolably to observe them. This verily is confessed In his speech in Parl, in his works, p 531 c 9 by K. james, by our A Collection, etc. p. 320, 321, and elsewhere. K. Charles himself in his la●e Declarations to all his Subjects; resolved by l. 1 c. 8. l. 3. c. 9 Bracton l. 1. c. 17. Fleta, c. 9 to 15. Fortescue, our See Cooks Epist. to the 5. Report. & calvin's case. Common and Statute Laws par. 1. & 2. forecited; by the Year Book of 19 H. 6. 63. a. where Fray saith, That the Parliament is the highest Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himself and all his Subjects are ruled; and if the Law were not, there could be no King nor inheritance; This is proved by Fox Act▪ & Mon. Edit. 1. in one Vol. p. 741. Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector; where he writes, That when he was Ambassador in the Emperor's Court he was fain there, and with the Emperor's Ambassador to defend and maintain, by Commandment From Henry the eight and his Council. in a case of jewels, That the Kings of this Realm were not above the Order of their Laws, and therefore the jeweller although he had the king's Bill signed, yet it would not be allowed in the King's Court, because it was not obtained according to the Law; and generally granted by all our own Ponet. P●lit. Government. p. 22. Dolman. p. 72. and others. English Writers, is copiously asserted, and professedly averred by Aristotle, Polit. l. 3. c. 11. 13 Marius Salomonius de Principatu. in six special Books to this purpose, by justus Eccardus de Lege Regia, Thomas Garzonius Emporii, Plinius 2. Panegyr. Traiano, dict Eccardus, de Lege Regia. Emporiorum, Pars 1. Discursus 1. de Dominiis sect. 6. p. 9, 10. joannis Carnotensis Episc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Disput. Polit. p. 428. to 442. Fenestella de Magistratu, p. 149. joannis Mariana de Rege & Regis Instit. l. 1. c. 9 (an excellent discourse to this purpose) Petrus Rebuffus, Pr●fat. ad Rubr. de Collationibus, p. 583, 584. Sebastianus Foxius de Rege, etc. part. 1 p. 108, 109 part. 2. 192 etc. Buchanon de jure Regni apud Scotos passim, junius Brutus Vindiciae contra Tyrannos, quaest. 3. p. 116. to 139. (an accurate discouse to this effect) Grimalius de Optimo Senatore, p. 33. 201, 205. Vasquius contr. Illustr. 16. n. 15. 19 21. 17. n. 1. 23. 20. n. 3. 44. n. 3. 73. n. 12. 13. 15. 72. n. 7. and elsewhere. De jure Magistratus in subditos, passim, Polanus, in Ezech p. 824. 854. Pareus in Rom. 13. p. 138. Francis. Hotomani, Franco Gallia▪ c. 6. to the end of Cap. 20. Sparsim, Governado Christiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de jure Billi, l. 1. c. 4. s. 7. l. 2. c. 14. and elsewhere throughout his second Book, with infinite others of all sorts: This all good Emperors and Kings in all ages have professed, as these Authors prove. Thus the good Emperor Trajan practised and professed; That the Prince was not above the Laws; Hence In Philos●rato, l. S & Eccardus de L●ge Regia. Apollonius Thyanaeus writing to the Emperor Domitian, saith, These things have I spoken concerning Laws, which if thou shalt not think to reignover thee, than thyself shalt not reign: Hence Dionys. Hall car. l. 1▪ Eccardus de Lege Regia▪ junius Brutus p. 122. Antiochus the third, King of Asia is commended, that he writ to all the Cities of his Kingdom, if there should be any thing in his Letters he should write, which should seem contrary to the Laws, they should not obey them. And Anastatius the Emperor made this wholesome sanction, admonishing all the judges of his whole Republic, that they should suffer no Rescript▪ no pragmatical sanction, no sacred adnotation which should seem repugnant to the general Law or the public profit, to be produced in the pleading of any suit or controversy; enough eternally to shame and silence those flattering Courtiers, Lawyers, Divines, who dare impudently, yea, impiously suggest the contrary into Prince's Ears, to excite them to Tyrannize and oppress their subjects against their express Oaths (inviolably to observe and keep the Laws) their Duties, the very Laws of God and man; of which more in the seventh and eight Observation. Fourthly, Observ. 4. That Kings and Emperors can neither annul, nor change the Laws of their Realms, nor yet impose any new Laws, Taxes or Impositions on them, without the consent of their People, and Parliamets': This I have largely manifested in the first Part of this Discourse, and the premised Histories, with the Authors here quoted in the three precedent Observations, attest and prove it fully; for if the whole Kingdom, Parliament, and Laws themselves be above the King or Emperor, and they receive joannis Maior Distinct. 24. qu. 3. Lau. Bochellus Decreta Eccles. Gall. l 5 Tit. 4. c. 3. p. 728▪ their Sovereign Authority from the people, as their public servants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impose new Laws or Taxes to bind the whole Kingdom, people, without their assents, they being the Sovereign Power. This point being so clear in itself, so plentifully proved in the premises, I shall only add this passage out of Vindicae contra Tyrannos▪ qu 3. p. 12●▪ 125, 126. junius Brutus, to ratify it; If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republic, Innoc●ntius ad Regen. Tarrat. in c. quando de jure jurando. much less can they make and create new Laws; therefore in the Germane Empire, if the Emperor think any Law necessary, he first desires it in the general assemblies; if it be approved, the Princes, Barons, and Deputies of Cities subsigne it, and then it is wont to be a firm Law: Yea, he swears, that he will keep the Laws Enacted, and that he will make no news Laws but by common consent. In the Kingdom of Poland there is a Law, (renewed, An. 1454, and 1538.) That no new Laws or Constitutions shall be made, but only by public consent, or in any place but in Parliament. In the Realm of France, where yet commonly the authority of Kings is thought most ample, Laws were heretofore enacted in the Assembly of the three Estates, or in the King's ambulatory Council; but since there hath been a standing Parliament, all the King's Edicts are void, unless the Senate approve them; when as yet the Arrests of that Senate of Parliament, if the law be wanting, even obtain the force of a Law: So in the Kingdoms of England, Spain, Hungary, and the rest, there is, and of old hath been the same Law: For if Kingdoms depend upon the conservation of their Laws, and the Laws themselves should depend upon the lust of one Homuncio, would it not be certain, that the Estate of no Kingdom should ever be stable? Would not the Kingdom necessarily stumble, and fall to ruin presently, or in a short space? But if as we have showed, the Laws be better and greater than Kings, if Kings be bound to obey the Laws, as servants are to obey their Lords▪ who would not obey the Law rather than the King? who would obey the King violating the Law? who will or can refuse to give any to the Law thus infringed? Fiftly, Observ. 5. that all public great Officers, Judges, Magistrates, and Ministers of all Realms, are more the Officers and Ministers of the Kingdom than the Kings, and anciently were, and now aught to be of right elected only by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by junius Brutus Vindiciae contr. Tyrannos, qu. 1, 2, ●. De jure Mag●stratus in Subditos, qu. 5, 6, 7, 8, 9 with others, the Histories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14. 6. Observ. 6. That Kings and Emperors have no absolute power over the lives, See H●nricus Bocerus lib. 2. De Duello, c. 4. 5. that the Civil Law concerning justs, is contrary, yet the Ca●●● Law prohibiting justs, upon● pain of excommunication, accords with the common▪ Law. liberties, goods, estates of their subjects, to dispose of them, murder, imprison, or strip them of their possessions at their pleasure; but aught to proceed against them in case of Delinquency according to the known Laws and Statutes of their Realms: This truth is abundantly evidenced by all the premises; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by resolution of the Judges in Henry 8. his reign, Brook, Corone 29. That it is Felony to slay a man in just, and the like, notwithstanding it be done By command of the King, for the command is against the Law and of Judge Fortescue, 19 H. 6. 63. That if the King grant to me, that if I kill such a man, I shall not be impeached for it, this grant is void and against Law. By junius Brutus, Vindiciae contra Tyrannos, Quaest 3. p. 1●6, to 137. and the Treatise De jure Magistratus in subditos in sundry places, where this undeniable verity is largely proved, confirmed, and by others forecited. Seventhly, Observ. 7. That Emperors, Kings, Princes are not the true Proprietory Lords or Owners of the Lands, Revenues, Forts, Castles, Ships, jewels, Ammunition, Treasure of their Empires, Kingdoms, to alienate or dispose of them at their pleasures; But only the Guardians, trusties, ●Stewards, or Supervisors of them for their Kingdoms use and benefit, from whom they cannot alien them, nor may without their consents or privities lawfully dispose of them or any of them, to the public prjudice; which if they do their grants are void and revocable. This proposition Part. 1. p. ●02. part. 2. p. 1●. to 17. formerly ratified by many reasons, authorities, & sundry Historical Passages in this Appendix, is not only evident by the M●tropolitans usual speech to all elected Kings, (prescribed by the Roman Pontifical, ratified by the Bull of Pope Clement the eight, Rom. 1611. f. 162. ●03. and trans●●i●in M. Seldens Titles of Honour, first Part. Chap. 8. p. 197, 198. where the Metropolitan, when any King is presented to him to be Crowned, first demands of the Bishops, who present him; Do you know him to be worthy of and profitable to this dignity? to which they answer, We know and believe him to be worthy and profitable to the Churth of God, and for the Government of this Realm: After which the Metropolitan among other things, useth this Speech unto him, Thou shalt undeniably administer justice, without which no society can continue towards all men, by rendering rewards to the good, punishment to the evil, &c▪ and shalt so carry thyself that thou mayst be seen to reigns not to thine own, but to all the people's profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately professeth with a solemn Oath, to perform to the uttermost of his power and knowledge;) but likewise professedly maintained by justus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de jure Belli, & Pacis, l. 1. c. 4 sect. 10. Lib. 2 c. 13. 14. Hotomani Franco-Gallia, c. 6. 10. 14. Ruibingius, l. 2. Class. 11. c. 8. n. 26. joannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de jure Belli, l. 3. c. 15. Cuiacius, c 33. de jure jurando, Decius, Cons. 564. 689. Shafalus, Concil. 618. Alciatus, l. 3. de v. s. l 15. C. de pact. Baldus Proaem. Digest. and by junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 136. to 256. who handles this question professedly, Whether that the King be the proprietory Lord of the public Royal Patrimany of his Kingdom, or the Vsufractuary of it? determining clearly that he is not. I shall transcribe the most of his Discourse; This Head we must handle a little more accurately. This is first to be observed, that the Patrimony of the Exchequer is one thing, of the Prince another thing; I say, the things of the Emperor, King, Prince are one thing, the things of Antonine, L●bene a Zenone c. de●quad. praest. l. vivis, de quaest. Mag. l. 12 c. l. fiscus D. de jure fisci. Henry, Philip another: The things of the King are those, which he as king possesseth; the things of Antonine, those which he hath as Antonine, and those verily he received from the people, the other from his Parents. This distinction is frequent in the Civil Law, wherein the patrimony of the Empire is said to be one thing, of Caesar another, the Exchequer of Caesar one thing, the Treasury of the Republic another, the Treasurer of Caesar one person, of the Imperial Exchequer another, the Courts of sacred donations, others from those of private things; so that he who as Emperor is preferred before a private man in a pledge, may sometimes be placed after him as Antonine. Likewise in the Germane Empire, things of Marimilian of Austria are one kind of things, of Maximilian the Emperor another; the Treasurers of the Empire others, and of himself other from them; Likewise by another Law, the hereditaty possession of Princes are different, from those which are annexed to the dignities of the Electorship. Yea, even among the Turks the Patrimonial Grounds or Gardens of Selimus are one thing, the fiscal Ground another; and those verily are spent on the Prince's Table, these only in sustentation of the Empire. Yet there are Kingdoms, as the French, English, and the like, wherein Kings have no private Patrimony, but only the Republic received from the people, in which therefore this distinction is not used. Now as for the private goods of Princes, if there be any, there is no doubt but they are the proprietors of them, no otherwise then private Citizens; and by the civil Law they may sell and divide them at their pleasure; L. Cum servis 39 to ●lt. D. de Leg. ●. l. Vniversi 9 x. l. seq. C de fundo pa●rimon. But verily of the Exchequer, Kingdom, Royal Patrimony, which is usually called Demesnes, they can with no reason be cal●ed the proprietory Lords. For what? whether because one hath made thee a Shepherd for his Flocks sake, hath he delivered it thee to flay, divide, do with it, and strike it at thy pleasure? whether because the people have constituted thee a Captain or Judge of some City or County, have they given thee power of alienating, selling destroying that City or County? And surely there is made an alienation of the people together with the Region or County, have they therefore given thee authority of severing, prostituting, enslaving them to whom thou wilt? Furthermore, is the Royal dignity a possession, or rather a function? If a function, what community hath it with a propriety? If a possession, whether not at least such an one, that the same people by whom it is delivered, may perpetually retain the propriety to itself? Finally, if the patrimony of the Exchequer, or domains of the Republic, be truly called a Dower, and truly such a Dower, by whose alienation or delapidation both the Republic itself and Kingdom, and king himself finally perisheth; by what law at last, shall it be lawful to alienate this Dower? Therefore let Wenceslaus the Emperor be infatuated, let Charles the sixth king of France be distracted, and give or sell the kingdom or a part thereof to the English; let Malchom king of Scotland prodigally spend the Crown land, and royal Treasure, what will follow? Those who have chosen a king against the invasions of Foreigners, by the folly or madness of the king shall be made the servants of Foreigners; those who by this means would severally desire to secure their Estates, shall all of them together be exposed to a prey; those things which every one shall take from himself or from his pupils, as in Scotland, that he might endow the Commonwealth, some Bawd shall riotously consume. But if, as we have already often said, kings be created for the people's use, what use at all shall there be, if not only the use, but even the abuse be granted? To whose good are so many evils? to whose benefit so many losses, so many perils? If, I say, whiles I desire to look after my liberty or safety, I make myself a slave, I expose myself to the lust of one man, I put myself into Fetters and Stocks? Therefore we see this Law, as it is infused by nature, so likewise it is approved by use almost among all Nations, that it is not lawful for the king to diminish the Commonwealth at his pleasure; and he who doth contrary, is censured to play not the king, but Tyrant. Certainly where kings were created, there was a necessity to give them some Revenues, by which they might both support their Royal State, but most principally sustain the Royal burdens, for so both honesty and profit seemed to require. It pertained to the Royal Office to see Judges placed every where, who should not take gifts, and who should not prostitute the Law to ●ale; Moreover, to provide a force ready at hand which should assist the Law when ever there should be need; to preserve the ways safe, Commerce safe, etc. but if war were feared; to fortify Cities with a Garrison, to environ them with a Trench against enemies, to maintain an Army, to furnish Armouries▪ Now this is a know proverb, that peace cannot consist without war, nor war without soldiers, nor soldiers without wages, nor wages without tribute: Therefore to sustain the burdens of Peace, the demesne was instituted, (which among the Lawyers is called Canon) to defray the charges of war, tribute; yet so, as if some more heavy charge should accrue, an extraordinary aid given by Parliament should supply; the end of all which verily, is the good of the Commonwealth, so as he that converts it to his private use, Rom. 13. is plainly unworthy the name of a king. For a Prince, saith Paul, is the Minister of God for the people's good, and Tributes and Customs are paid to him, that he may continually attend thereto; And truly heretofore almost all Customs of the Romans seem to have had this Original, that the precious Merchandise used to be brought out of India, Pliny, l. 19 c. 4. Arabia, Aethiopia might be secured against piratical invasions, for which cause a Navy was furnished; of which kind was the tribute of the Red-sea, Archid. in Can. si quis Romipetas & peregr. 24. qu. 3. Baldus in c. 1. sect. Come. de paceiure infir. l. 2. D. ne quid in loco pub. Viarum l. magis puto D. de rebus eorum. Pedatica, Navigia, Portoria, and the rest; that the public ways, (which were therefore called Praetorian, Consular, Royal) should be rendered safe from thiefs, plain and easy; which charge even now lieth upon the king's Attorney; that the public Bridges should be repaired, as appears out of the Constitution of Lewes the godly; twelve over Seyne; that Ships should be ready at hand to transport men over Rivers, etc. There were no Tributes of Saltpits, yea, most of them were in the Dominion of private men; because what things nature did voluntarily give, they thought ought no more to be sold, then Light, Air, water. And whereas a certain King named Lycurgus, had begun to impose a Tax on Salt pits, as if nature would not suffer her liberality to be restrained, they are said to have been presently dried up; although at this day, If we believe Palphur or Armilot, juvenal. Whatever good, or fair thing can be got Out of the Whole Sea, in each Realm it flows, Some custom to the King's Exchequer owes. He who first instituted this custom at Rome, was Livius Censor, whence he obtained the surname of Salinator, which he did for the most present necessity of the Commonwealth. For that very cause truly, King Philip obtained it only for five years, whose continuation what commotions it hath produced, every man knoweth▪ Finally, that tributes were instituted to pay Soldiers wages in wars, appears even from this, that to make a Province stipendiary or tributary, is the selfsame thing indeed. 2 King. 9 & 12. Postellus l, 3. de Rep. T●r. Thus Solomon imposed Tributes to fortify Cities, and to furnish a public Armoury, which because they were finished, the people under Rehoboam desired to be eased thereof: Yea, the Turks themselves call the Tribute of Princes, The sacred blood of the People, which profusely to spend, or to convert to any other use, but to defend the people, is a cursed act. Therefore what things soever a King acquires in wars in every Nation, because he gains it by the common treasure, ●e acquires it to the people, not to himself, as a factor doth to his Master: Moreover if perchance he gain any thing by marriage (which I say, is pure and simply his wives) he is thought to acquire it to the Kingdom, because he was presumed to marry that wife, not as he is Philip or Charles, but as he is King. On the contrary, as Queens have part of those things which their husbands not yet coopted into the Kingdom have gained during the marriage; so plainly they have no part of those things they get after they have obtained the Kingdom, because they are reputed gained to the public Treasures, not to the private means of the King, which was judged in the Realm of France, between Philip Valois and joan of Burgundy his wife. Now, lest the moneys should be extorted to some other use, the Emperor swears, that he will impose no customs, nor enjoin no taxes, but by the Authority of a public Assembly. The Kings of Poland, Hungary, Denmark, England do the like out of the Laws of Edward the first. The French Kings heretofore demanded Tributes in the Assemblies of the three Estates; Hence also is that Law of Philip Valois; That impositions should not be imposed but upon great and urgent necessity, and that by the consent of the Three Estates: Moreover in times past those taxes were laid up in Castles throughout every Diocese, and delivered to selected men (they even now call them Elected) to be kept, by whose hand the Soldiers enroled in every Town, should receive their wages, which was also usually done in other Countries, as in the Belgic; At this day at least, whatsoever things are commanded, are not confirmed, unless the Parliament consent. Now there are some Provinces, which are not bound by covenant, but by the consent of the Estates, as Languedoc, Britain, Province, Dolphenie, and some others; and in the Netherlands clearly all. Finally, lest the Exchequer, swelling like the spleen, whereby all the other Members do pine away, should draw all things to itself, every where a due proportion is allotted to the Exchequer. Since therefore at last it appears, that the tributes, customs, demesall, that which they call demesnes, (under which names Portages, Imposts, Exposts, Royalties, wr●cks, forfeitures, and such like are comprehended) which are ordinarily or extraordinarily given to Kings, were conferred on them for the benefit of the people, and supportation of the kingdom, and so verily; that if these nerves should be cut in sunder the people would fall to decay, these foundation being under-mined, the Kingdom must needs fall to the ground; it truly follows, that he who to the prejudice of the people burdens the people, who reaps a gain out of the public loss, and so cuts their throat with their own sword, is not a King, but a Tyrant: contrarily, that a true King, as he is a survey or of the public affairs, so likewise an Administrator of the public riches, but not a proprietary Lord, who can no more alienate or dissipate the Royal Demesnes, than the kingdom itself; but if he shall demean himself otherwise; verily as it is behooveful to the Republic, that every one should use his own proper goods well, much more is it beneficial for the Commonweal, that every one should use the public estate well. And therefore if a Lord who prodigally spends his Estate, is by public authority deduced to the Wardship of his kinsmen, and Family and compelled to abstain from his possessions; then truly much more justly, the Guardian of the Republic, who converts the public Administration of all wealth into the public destruction, or utterly subverts it, may justly be spoiled, by those whom it concerns, and to whom it belongeth out of Office, unless he desists upon admonition. Now that a King in all lawful Empires is not a proprietary Lord of the Royal patrimony, is easy to be manifested. That we may not have recourse to those most ancient ages, whose Image we have in the person of Ephron king of the Hittites, Gen. 23. who durst not verily fell his field to Abraham, without the people's consent; that very law is at this day used in all Empires. The Emperor of Germany before he is Crowned, Sleiden▪ l. 1. & Bulla aurea. sacredly swears, That he will alienate, distract, or mortgage nothing of those things which apert un to the Empire, and the patrimony of the Empire; but if he recovers or acquires any thing by the public Forces, that it shall come to the Empire, not to himself. Therefore when Charles the fourth, that Wenceslaus his son might be designed Emperor, had promised an 100000 Crowns to every one of the Electors, and because he had no ready moneys, had obliged to them by way of pawn to this end, the Imperial Customs, Tributes, Towns, Proprieties and Rights; there arose a most sharp dispute about it, and the most judged the mortgage to be void; which verily had not availed, unless that mortgage had been gainful to those very men, who ought to defend the Empire, L. 1. & passim, c▪ de Com. Rev. alienat. Nauclerus in Chron. Gen. 46. C. int●ll●cto de I●●reiurando in Decret. Polydore Virgil. In Cod Hispan. par. 5 1. Consent▪ 9 and principally to oppose that mortgage: Yea, therefore Wenceslaus himself was compelled, as incapable, to deprive himself of the Empire, because he had suffered the Royal Rights, especially the Dukedom of Milan to be taken from him. In the Polish kingdom there is an ancient Law, of not alienating the Lands of the Kingdom of Poland, renewed An. M. CCCLXV by king Lewes: There is the same Law in the Realm of Hungary, where we read, that Andrew king of Poland, about the year M. CCXXI. was accused before Pope Honorius the third, that neglecting his Oath, he had alienated the Crown Lands. The like in England in the Law of K. Edward, An. M. CCXCVIII. Likewise in Spain by the Constitution made under Alphonso, renewed again MDLX in the Assembly at Toledo; which Laws verily were enacted, when as custom for a long time before had obtained the force of a Law. But verily in the kingdom of France, wherein, as in the pattern of the rest, I shall longer insist, this Law was ever sacrosanct: It is the most ancientest Law of the Realm, I say, the Law born with the Kingdom itself, Of not alienating the Crown (or demesne) Lands, Papon Ar●stor. l. 5. Tit. 20. art. 4. renewed in the year M, D, 66. although it be ill observed. Two cases only are excepted, Panage or Apennage (aliments) to be exhibited to his children or brethren, yet so as the clientelary right be always retained; again, if warlike necessity require it, yet with a pact of reddition, Yet in the interim both of them were heretofore reputed void, Paragr. 11. & 16. Legis Regiae Latae. 15●6. unless the Assembly of the three Estates had commanded it; but at this day, since a standing Parliament was erected, it is likewise void, unless the Parliament of Paris, which is the Senate of Peers, and the Chamber of public accounts shall approve it, and the Precedents of the Exchequer also by the Edict of Charles the 6 and 9 And this is so far forth true, Aimoi etc. Aimoi. l. 4. ●. 4●. that if the ancient Kings of France would endow any Church, although that cause then seemed most favourable, they were bound to obtain the consent of the Nobles; as king Childebert may be for an example, who without the consent of the French and Normans, durst not endow the Monastery of S. Vincents in Paris, as neither Clodovess the second, and the rest. Moreover, they cannot release the Royalties, or the right of nominating Prelates to any Church; but if any have done it, as Lewes the eleventh in favour of the Church of Sennes, and Philip the fourth of Augiers, Philip Augustus of Naverne, the Parliament hath pronounced it void. The king of France, when he is to be Crowned at Rheimes, swears to this law, which if he shall violate, it avails as much as if he contracted concerning the Turkish or Persian Empire. L. Petr. 69. parag. praedsumi. D. de Oy. 2. Hence the Constitutions, or as they call it, the Statutes of Philip the sixth, john the 2d, Charles' the fifth, sixth, eight, of resuming those things which were alienated by their Ancestors (of which resumptions there are many instances cited by Hugo Grotius de jure 〈◊〉 & Pacis, l. 2. c. 14. n. 12. 13. & Adnotata Ibid.) Hence in the Assembly of the three Estates at Towers (An. 1323. 1360. 1374. 1401. 1483.) in which Charles the eight was present, An. 1483. 1522. 1●31. Arestis●Curiae. 1●6●. many Towns of the alienation of Lewes the eleventh his Father, which he had by his own Authority given to Tancred Castellan, who demerited well of him, were taken from his Heirs; which even in the last assembly of the three Estates held at Orange, was again decreed. Thus concerning public Lands. But that it may the more evidently appear, that the kingdom is preferred before the king, that he cannot by his private Authority diminish the Majesty which he hath received from the people, Paulus Aemil. l. 3. nor exempt any one from his Empire, nor grant the right of the Sovereign Dominion in any part of the Realm; Charles the great once endeavoured to subject the Realm of France to the Germane Empire; but the French vehemently withstood it, An. 1195, 1200, 1269, 1297, 1303. 1325, 1330. a certain Vascon Prince making the Oration: The matter had proceeded to Arms, if Charles had proceeded further. Likewise, when some part of the Realm of France was delivered to the English, the supreme right was almost perpetually excepted; An 1360. but if Force extorted it at any time, as in the British League, An. 1465. & 1525. wherein king john released his Sovereign Right in Gascoigne and Poytiers, the king neither kept his Contract, neither could or ought he more to keep it, than a Captain, Tutor or Guardian, as than he was; who that he might redeem himself, would oblige the goods of his Pupils. By the same Law the Parliament of Paris rescinded the agreement of the Flusheners, wherein Charles of Burgundy extorted Ambian, An 1420. Monstr●let c. 225. and the neighbour Cities from the king; and in our time the agreement of of Madrit, between Francis the first a Captive, and Charles the fifth the Emperor, concerning the Dukedom of Burgundy was held void; and the Donation of Charles the sixth of the kingdom of France by reason of death, conferred on Henry king of England, may be one apt argument of his extreme madness, if others be wanting. But that I may omit other things which might be said to this purpose, by what right at last can a king give or sell his kingdom or any part thereof, L. Liber homo 103. D. de verbo. obligat. l si Emp. 34. § 1▪ D. de contra. Emp. l pe●C▪ de oper●libert. seeing they consist in the people, not in the walls? now there is no ●ale of free men, when as Landlords cannot so much as constrain their free Tenants, that they should settle their Household in any other place then where they please; especially seeing they are not servants, but Brethren; neither only are all king's Brethren, but even all within the Royal Dominion ought to be so called. But whether if the king be not the proprietorie of the Realm, An lex sit Regni usis fructuarius? may he not at least be called the usufructuary, or receiver of the profits of the Crown Lands? Truly, not so much as an usufructuary. A usufructuary can Pawn his lands, but we have proved, that kings cannot mortgage the Patrimony of the Crown. A fructuary can dispose or give the profits at his pleasure; contrarily, the great gifts of the king are judged void, His unnecessary expenses are rescinded, his superfluous cut off; what ever he shall convert into any other but the Public use, he is thought to have violently usurped. Neither verily is he less obliged by the Cincian Law, than any private Citizen among the Romans, especially in France where no gifts are of force without the consent of the Auditors of the Accounts. Hence the ordinary Annotations of the Chamber under prodigal kings; This Donation is too great, and therefore let it be revoked. Now this Chamber solemnly swears, that whatsoever rescript they shall at any time receive from the king, that they will admit nothing which may be hurtful to the kingdom and Commonweal. Finally, the Law cares not how a Fructuary useth and enjoyeth his profits; contrarily, the Law prescribes the king in what manner, and unto what use he ought to put them. Therefore the ancient kings of France were bound to divide the Rents into four parts▪ one part was spent in sustaining the Ministers of the Church, and the poor, another upon the king's Table, the third on the Wages of his household servants, the last in the repair of royal Castles, Bridges, Houses; Monstretus in Carolo 6. the residue, if there were any, was laid up in the Treasury. Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris, because Charles the sixth had converted all things into his and his Officers lusts, and that the Domestic accounts, which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republic, had increased to the sum of five hundred and forty thousand Crowns, is sufficiently evident out of Histories: Now as the rents of the Crown were thus lessened, so also the oblations and subsidies were spent upon the War, as the taxes and tallages were only destinated to the stipends of Soldiers. In other Realms the King verily hath not any more Authority, yea, in most he hath less, as in the German and Polish Empire: But we would therefore prove this to be so in the Realm of France, lest by how much any man dares to do more injury, Ex Concil. Valent. in c. de his quae sinit. a Prelatis absque conscapit. by so much also he might be thought to have more right. In sum, what we have said before, the name of a King sounds not an inheritance, not a propriety, not a perception of profits, but a function, a procuration. As a Bishop is instituted for the cure and salvation of the soul, so the King of the body, in those things which pertain to the public goods; as he is the dispenser of sacred goods, so the King of profane, and what power he hath in his Episcopal, the same, and no greater hath the King in his dominical Lands; the alienation of the Episcopal Lands without the consent of the Chapter, is of no validity, so neither of the Crown Land without a public Parliament or Senate of the Estates; Of sacred revenues one part is designed to aedifices, another to the poor, a third to Companions, a fourth to the Bishop himself; the same verily almost we see the King ought to do in dispensing the revenues of the Kingdom. It hinders not, that the contrary every where is at this day usurped: For the duty of Bishops is not any way changed, because many Bishops sell those things from the poor, which they spend upon Bawds, or waste all their Manors and Woods; nor yet that some Emperors have attributed all kind of power to themselves, for neither can any one be judge in his own Cause. But if any Cararalla hath said, That so long as his sword remains, he would want no money; Adrianus Caesar will also be present, who shall say, That he would manage the Principality, so as all should know, Florus l. 2. 〈◊〉 l. 70. Tacitus l, 14. that it was the people's goods, or inheritance, not his own; which one thing almost distinguisheth a King from a Tyrant: Not, that Attalus King of Pergameni, ordained the people of Rome ●eirs of his Realm; that Alexander bequeathed the kingdom of Egypt, ptolemy of the Cyrenians, to the people of Rome, or Prasutagus of the ●ceni to Caesar▪ verily this great power cannot debilitate the force of the Law, yea, by how much the greater it is, by so much the less it hurts our law; for what things the Romans seized upon by pretext of law, they wou●● notwithstanding have seized on by force, if that pretext had been wanting: Yea, we see almost in our ●imes, the Venetians, by pretext of a certain imaginary adoption, which without force had been plainly ridiculous, Volater●m, 〈◊〉 Greg. 3. to have taken the Kingdom of Cyprus. Nor yet doth the Donation of constantine to Pope Sylvester hinder, for this Chaff seemed absolete long since to Gratian, and is damned to the fire. Not the donation of Lewes the godly to Pas●hall, to wit, of Rome, with part of Italy because Pius gave that which he possessed not, and no man resisted; But Charles, his Father, willing to subject the Realm of France to the Germane Empire, the French resisted him by law; 1 King c. 9 and if he had gone further, they prepared to resi●● by force Not, that Solomon as we read, Chron. 6. 8. delivered twenty cities to Hiram King of Tyre, for he did not give them, but pawned them as a Creditor till he paid him, and within a short time recovered them, which appears out of the Text; Moreover also they were barren grounds, tilled by Relics of the Heathens, which he receiving again from Hiram, gave them at last to the Israelites to be tilled and inherited. Neither can this more hinder, that in certain Kingdoms this condition perchance doth not so expressly intervene between the King and his people; L. 2. paragr. ius rei. D. de administ. rer. ad cui. part. T. Luter 27. D. de admin. tutor. l. si Fundum. parag. fi tutor D. depositi & express. Extravag, dear judicat c. intellecto, l. 2. & passim. C. de interdict. Com. rer. alien. for albeit it were not at all, yet it appears by the law of Nations, that Kings are not subverters, but Moderators of the Republic, that they cannot change the right of the Commonwealth by their pactions; that they are Lords only when they take care of their Pupils, that they are to be accounted no other than Guardians; and that he is not to be esteemed a Lord, who spoils the City with liberty, and selleth it like a slave. Not finally, that certain Kingdoms are gained by Kings themselves, for they acquired not Kingdoms by their own, but by public hands, forces, treasures; now nothing is more consonant to reason, then that those things which are gotten by the public riches, and common dangers of the Citizens, should not be alienated without common consent, which holds place even amongst Thiefs themselves; he destroyeth humane society, who doth the contrary: Therefore though the French have by force seized on the Germane Empire, and they also on the Realm of France, yet the same law holds in both. In sum, at last we ought to determine, that Kings are not Proprietors, nor Fructuaries, but only Administratours; and since it is so, that verily they can much less attribute to themselves the propriety and profits of every man's private Estate, or of the public wealth which belongeth to every Town. Thus and much more this acute learned Lawyer, to the conviction and refutation of all opposite Ignoramusses in this case of grand concernment, which will put a period to our unhappy controversies concerning the Militia, ( Part. 2. p. 1. 10 41. formerly discussed) without further debate. Eighthly, Observ. 8. That Emperors and Kings are most solemnly obliged by a Covenant and Oath, usually made to, and before all the people at their Coronations, to preserve their people's laws, liberties, lives, estates; by breach whereof in a wilful excessive manner, they become perjured Tyrants, and the people and Magistrates are in some sort thereby absolved from their Allegiance, and all obedience to them. This is evidently and plentifully confirmed by the Part. 1. p. 51. to. 78. forecited Coronation Oaths, and Covenants of our own English Kings to their subjects, by De jure Magistratus in Subdit●s, q●aest. 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honour, lib. 2. c. 11. 24. Francisci Hotomani Francogallia, cap. 6. 10. etc. Hugo Grotius de jure Belli & Pacis, 1. 2. c. 13. 14. Pontifi●ale Romanum, Rome 1611. fol. 162. 163. Descriptio Coronationis Maximiliani Imperatoris, Anno 1486. inter rerum German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur, Bochellus decreta Ecclesiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. john Seldens Titles of Honour part. 1. ch. 8. sect. 5. p. 198. 214. 225. 226. (where the Coronation, Oaths of the Emperor, French King, of all the Northern Kings, and of most Elective and Successive Kings and Queens to their Subjects, are at large recorded:) Alhusius Polit. c. 4. justus Eccardus de Lege Regia; Thomas Aquinas de Reg. Principis, c. 6. & 2. qu. 2 ae. 12. art. 2. john Ponet Bishop of Winchester in his Political Government. Arnisaeus de Authoritate Principum, p. 50. to 123. Sparsim. Vesquius contro. Illustr. passim. joannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9 Georg. Bnchanon de lure Regni apud Scotos. Simancha Pacensis de Catholica. Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6. Huldericus Zuinglius; Explan. Artic. 40. 41. 42. And, to omitall others, junius Brutus in his Vindiciae contra Tyrannos, quaest. 3. p. 156. to 167. with whose words I shall fortify and irradiate this position: We have said, that in constituting a King a double Covenant is entered into; the first between God, the King and people, of which before; the second, between the king and the people, of which we are now to treat. Saul being ordained king, the royal law was delivered to him, according to which he should rule. Deut 17. l Sa. 10. 25. 2 Sam. 5. 3. 1 Chron. 11. 3. 2 King. 11. 17. & 12. David made a Covenant before the Lord in Hebron; that is, 2 Chron. 23. 3. 2 King. 23. 3. call God to Witness, with all the Elders of Israel, who represented all the people, and then at last he was anointed king. joas also made a Covenant with all the people of the land in the house of the Lord, jehoiada the high Priest going before them in words: Yea, the testimony is said to be imposed on him together with the Crown; which most interpret the Law of God, which every where is called by that name. Likewise josiah promised, that he would observe the Precepts, Testimonies and Statutes comprised in the book of the Covenant; by which names we understand the Laws which appertained as well to piety as to justice. In all which places of Scripture, a Covenant is said to be made with all the people, the whole multitude, all the Elders, all the m●n of judah; that we may understand, which is likewise severally expressed, not only the Princes of the Tribes, but likewise all the Chiliarkes, Centurions, and inferior Magistrates were present, in the Name of the Cities, which every one a part by themselves made a Covenant with the king. In that Covenant they consulted of creating the king, for the people did make the king, not the king the people. Therefore there is no doubt, but the people made the Covenant, and the King promised to perform it. Now the part of him that makes the Covenant is reputed the better Law: The people demanded of the King, whether he would not rule justly and according to the Laws? He promised that he would do so: whereupon the people answered, That he reigning justly, they would faithfully obey him. Therefore the King promised absolutely; the people, but upon condition; which if it were not fulfilled, the people by the Law itself should be reputed absolved from all obligation. In the first covenant or Pact, Piety comes into the obligation, in the second, justice: In that, the king promiseth, that he will seriously obey God; in this, that he will justly rule the people: in that, that he will take care of the glory of God; in this, of the benefit of the people; in that there is this condition, If thou shalt observe my Law; in this, If thou shalt render justice to every one: Of that, if it be not fulfilled, God properly is the avenger; of this, lawfully all the people, or the Peers of the Realm, who have taken upon them to defend all the people. Now in all just Empires, this hath been perpetually observed. The Persians having duly finished their sacrifices, Xenoph. lib. 〈◊〉. made this agreement with Cyrus, Thou first, O Cyrus, if any make war with the Persians or violate the Laws, dost thou promise to aid thy Country with all thy might? And as soon as he had promised, We Persians, say they, will be aiding to thee, if any will not obey thee, defending they Country: Xenophon Xenophon. de Repub. Lacedaem. calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is, a Confederation, as Socrates an Oration of the duty of Subjects towards their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Between the kings of Sparta and the Ephori, a Covenant was renewed every month; and as the kings did swear, Dionys. Ha●●●car lib. 1. That they would reign according to the Laws of the Country; so the Ephori, If they did so, that they would establish the Kingdom in their hand. Likewise in the kingdom of the Romans, Romulus made this contract with the Senate and people, That the People should make Laws, that the king himself would keep the Laws made; That the People should decree War, himself wage it. And although many Emperors obtained the Empire of the Romans rather by force and ambition, then by any right, and by the Royal Law, as they call it, arrogated all kinds of power to themselves; yet the* See Eccardus de Lege Regia & Marius Salamonius de Principatu l. 6. where this Law is recorded. fragments of that Law, which are extant as well in Books as in Roman inscriptions, sufficiently reach; that a power was granted them, of caring for and administering, not of subverting the Common-weal and oppressing it by tyranny. Moreover, even good Emperors professed, that they were bound by the Laws, and acknowledged their Empire received from the Senate, and referred all the weightiest affairs to the Senate, and they judged it unlawful to determine any thing of great public concernment without their advice. But if we behold the present Empires, there is not one of them which may be thought worthy of that name, wherein there is not some such Covenant intervening between the Prince and Subjects. In the Germane Empire, not long since, the King of Romans being to be crowned Emperor, was wont To make Fealty and Homage to the Empire, no otherwise then a vassal (or tenant) to his Lord, when he received investiture of his Lands. And although the conceived words, to which he swore, be a little changed by Popes, yet the same thing remains perpetually. Therefore we know that Charles the 5. of Austria was created Emperor upon certain Laws and conditions, Speculum Saxon, l. 1. art. 54. See Descript. Coronations Maximiliani lmper An. 1486. in Rerum Germ. scrip. Tom. 3 p. 31. as likewise others, who have succeeded him; of which the sum was; That he would keep the Laws enacted; That he would make no new Laws, without the Electors consents; that he would determine public affairs in a public Counsel; that he would altenate or pervert none of these things which pertained to the Empire; with other things which are severally recited by Historiagraphers: And when as the Emperor is crowned at Achen, the Archbishop of Colen first demands of him; Whether he will not defend the Church, administer justice, preserve the Empire, protect Widows, Orphans, and all worthy of pity? which when he hath solemnly sworn to perform before the Altar, the Princes and those who represent the Empire, are demanded, whether they will promise to fealty him? Neither yet is he first anointed, or receives a sword, (of purpose to defend the Republic) or other Ensigns of the Empire, before that he shall have taken that Oath. From whence verily it is manifest, that the Emperor is purely obliged, the Princes of the Empire upon condition only. No man will doubt but that the same is observed in the kingdom of Poland, See Pontifical Romanum Rome 1611. f. 161. 162. Mr. S●dens Titles of Hon. par. 1. c. 8. p. 1●6. to 106. who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers: especially, the condition propounded to him of conserving both Religions, as well the Evangelicall as Roman, which the Nobles thrice demanding of him in set form of words, he thrice promised to perform. In the Hungarian, Bohemian, and other kingdoms, which would be overlong to recite, the very same is done. Neither only, where the right of Election hath continued yet entire hitherto, but likewise where mere succession is commonly thought to take place, the very same stipulation is wont to intervene. When the Se● Bochellus. Decreta Eccles. Gallicanae l. 5. tit. 2. c. 1. & Mr. Seldens Titles of Hon. par. 1. ●b. 8. p. A 1▪ ●256. King of France is crowned, the Bishops of Laudune and Belvace ecclesiastical Peers, first demand of all the people that are present, Whether they desire and command him to be King? Whence even in the very form itself of inauguration, he is said To be elected by the People. When the people Seem to have consented, he swears: That he will universally defend all the Laws, Privileges, and Rights of France, that he will not alienate his demesnes, and the like (I shall here insert the Oath out of Bochellus, Mr. Selden, and others entirely, thus: Archiepiscopt Ammonitio ad Regem dicendo ita (in the name of all the Clergy.) A vob is perdonari petimus, ut unicuique de Nobis & Ecclesis nobis Commissis, Canonicum privilegium, & debitam legem atque justitiam conservatis, & defensionem exhibeatis, sicut Rex in Regno suo debet unicuique Episcopo, & Ecclesiae sibi Commissae. Responsio Regis ad Episcopos. Promit to vobis & perdono, quia unicuique de vobis & Ecclesiis vobis commissis Canonicum privilegium, & debitam legem atque justitiam conservabo, & defensionem quantum potuero exhibebo, Domino adjuanente, sicut Rex in suo Regno unicuique Episcopo & ecclesiae sibi commissae per rectum exhibere debet. Item● haec dicit Rex, & p●omittit & firmat juramento. Haec populo Christiano & mihi jubdito, in Christi nomine, promitto: In primis, Vt Ecclesiae Dei, omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet; & superioritatem, jura, & Nobilitates Coronae Franciae inviolabiliter custodiam, ET ILLA NEC TRANSPORT ABO NEC ALIEN ABO. Item, ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam. Item, ut in omnibus judiciis aequitatem & misericordiam praeoipiam, ut mihi & vobis indulgeat persuam misericordiam cl●mens & misericors Dominus. Item, de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos, pro viribus bona fide exterminare studebo. Haec omnia praedicta firmo juramento. Tum manum apponat Libro & librum osculetur) These things, though they have been altered, and are far different from the ancient form of the Oath which is extant in the Library of the Chapter of Belvace, to which Philip the first is found to have sworn; yet notwithstanding they are plainly enough expressed: Neither is the King girt with a sword, anointed, crowned by the Peers (who even themselves are adorned with Coronets) or receives the Sceptre or rod of justice, or is proclaimed King, See Hotoman. Franco-Gallia ●. 6. 7. 10. before THE PEOPLE HAVE COMMANDED IT; Neither do the Peers themselves swear fealty and homage to him, until he shall have given his faith unto them, That he will exactly keep the Laws: Now those are, that he shall not waste the public Patrimony: that he shall not impose nor enjoin customs, Taxes, Tributes at his own pleasure, Nor deneunce war, or make peace; Finally, that he shall determine nothing concerning the public affairs, but in a public Council: Also, that the Senate, the Parliaments, the Officers of the Kingdom shall constantly enjoy their several authorities; and other things which have been always observed in the Realm of France. Yea verily, when he enters into any Province or City, he is bound to confirm their privileges, and he binds himself by Oath to preserve their Laws and Customs: Which custom takes place by name among those of Tholouse Dolphenie, Britanny, Province and Rochel; whose agreements with Kings are most express; all which should be frustrate unless they should be thought to hold the place of a condition in the contract. De jure Magist. in Subditos 290, 19, 292. S●e the French Hist. in his life. Yea Charles the 7. made a peace with Philip Duke of Burgundy (whose Father john he had treacherously slain) with this express clause contained in it, Bodin Commonw. l. 5. c. ●. p. 632. 633. confirmed with the Kings own Seal; That if he should break this Agreement, his Tenants, feudataries; and subjects present and to come, should not be thence forth bound either to obey or serve him, but rather the Duke of Burgundy and his Successors, and that they should be freed and absolved from all the fealty, Oaths, promises, obligations and duties whatsoever, under which they were formerly obliged by Charles. The like we read between King Lewis and Charles the Bald. Yea, Pope john the 22. in the Treaty between Philip the long of France, and the Flemings, caused it to be set down, That if the King did infringe the Treaty, it might be lawful for his Subjects to take Arms against him; And if was usual among the first Kings of France in their Treatises with other Princes, to swear, that if they broke the Treaties made by them, their Subjects shall be free from their obedience, as in the Treaty of Arras and others. In Annal▪ Burg. The Oath of the ancient kings of Burgundy is extant in these words, I will conserve Law, justice, and protection to all men. In England, Scotland, Sweden, Donmarke, there is almost the same custom as in France, and verily no where more directly then in Spain. For in the Kingdom of Arragon, many ceremonies being dispatched between him who represents the justice of Arragon, or public Majesty, who sits in an higher Throne, and having read the Laws and conditions, which he is to observe who is to be crowned King, Who both fealty and homage to him, the Nobles at last speak thus to the King in their own language; We, who are as powerful as you, (for so the Spanish Idiom imports) and can do more than you▪ have chosen you King upon these and these conditions, Between you and us there reigns one greater than you; (to wit, the justice of Arragon.) Now lest he should think he had sworn those things only perfunctorily, or only for to observe the old custom, these very words are wont to be repeated every third year in the public Assembly: But if he shall grow insolent trusting to his Royal power, shall violate the public Laws, finally, shall neglect the Oath he hath taken; then verily by the Law itself, he is deemed excommunicated with that grandest excommunication (or Anathema) wherewith the Church in former times excommunicated julian the Apostate; whose force truly is such; that no more prayers may be conceined for him, but against him; and they themselves are clearly absolved from their Oath and Obligation by that Law, whereby a vassal out of duty ought not to obey an excommunicated Lord, neither is bound to do it by his Oath; In Concil. Tol. 4. c. 74. & Tol. 6. l. 2. feud. tit. 28. par. 1. which is ratified among them by the Decree both of a Council, and of a Parliament or public Assembly. Likewise in the kingdom of Castille, an Assembly being summoned, the King that is to be crowned, is first publicly admonished of his duty; after which, most express conditions are read, which pertain to the profit of the Republic: Then the King swears, that he will diligently and faithfully observe them; then at last the great Master of the Knights binds himself to him by Oath, whom the other Princes and Deputies of Cities afterwards follow every one in his order; La ioyeuse en●●r. which also is in like manner observed in Portugal, Leon, and the other kingdoms of Spain. Neither verily, were lesser principalities instituted by any other Law. There are extant most express agreements of the Brabanders, of the other people of Belgia, Austria, Carintha, and other provinces, made with their princes, which verily have the place of conditions; But the Brabanders expressly, that place might not be left to any ambiguity, have expressed this condition. For in inaugurating their Duke, in ancient conventions, wherein there is almost nothing wanting for the preservation of the Republic, they being all read over before the Duke, Ludovic. Guy. they protest openly and plainly to him, that unless he shall observe them all, That it shall be free for them to choose another Duke at their pleasure: Which conditions he embracing and willingly acknowledging, he than binds himself by Oath to observe them, which was also observed in the inauguration of Philip the last King of Spain, In sum, no man can deny, but that there is a mutual binding contract between the King and subjects, to wit, That he reigning well, shall be well obeyed: Which verily is wont to be confirmed with an Oath by the King first, afterwards by the people. Now verily I demand here, why any man should swear, but that he may show that he speaks from his heart and seriously? whether truly is there any thing more agreeable to nature, then that those things which have pleased us, should be observed? L. 1. D de pact. l. non minorem. 20 D de transact. Moreover, why doth the King swear first, at the people's stipulation or request, but that he may receive either a tacit or express condition? But why is a condition annexed to a contract, but only to this end, that if it be not fulfilled, the contract should become void in Law itself? But if through default of performing the condition, the contract be void in Law itself, who may call the people perjured, who shall deny obedience to a King, neglecting that condition which he might and ought to fulfil, & violating that law to which he hath sworn? Yea, who on the contrary would not account the King faedifragous', perjurious & altogether unworthy of that benefit? Lib. 2. feudor. 2. 26. § 4. a. lit. 47. For if the Law freeth the Vassal from the bond of his Tenure, against whom the Lord hath committed felony or perjury, although the Lord truly doth not properly give his faith to his Vassal, but his Vassal to him: if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable: if the civil laws permit a villain enfranchised an action against the outrageous injury of his Lord; if in these cases they free a servant himself from his Master's power, whereas yet there is only a natural not civil obligation therein, (I shall add out of Dionys. Hal. l. 2 pag. 303. 304. Dejure Magistratus in subditos. If in Matrimony, which is the nearest and strictest obligation of all other between men, wherein God himself intervenes as the chief Author of the contract, and by which those who were two are made one flesh, 1 Cor 7. 15. if the one party forsakes the other, the Apostle pronounceth the party forsaked to be free from all obligation, because the party deserting violates the chief condition of marriage, etc.) Shall not the people be much more absolved from their Allegiance which they have made to the King, if the King, who first solemnly swears to them, as a Steward to his Lord, shall break his faith? Yea verily whether if not these Rights, not these Solemnities, not these Sacraments or Oaths should intervene, doth not nature itself sufficiently teach, that Kings are constituted by the people, upon this condition, that they should reign well? judges, that they shall pronounce Law? Captains of war, that they should lead an Army against enemies? But and if so be they rage, offer injury, so as themselves are made enemies, as they are no Kings, Cic. 1. 〈◊〉. so neither ought they to be acknowledged by the people. What if thou shalt say, that some people subdued by force, the Prince hath compelled to swear to his commands? What, say I, if a Thief, a Pirate, a Tyrant, with whom no society of Law or Right is thought to be, should with a drawn sword violently extort a deed from any one? Is it not known, that fealty extorted by force bindeth not, especially if any thing be promised against good manners, against the law of nature? Now what is more repugnant to nature, then that a people should lay chains and fetters upon themselves, then that they should lay their own throats to the sword? then that they should lay violent hands upon themselves? (or which is verily the same thing) promise it to the Prince? Therefore there is a mutual obligation between the King and people, which whether it be only civil or natural, tacit, or in express words, can be taken away by no agreements, violated by no Law, rescinded by no force: Whose force only is so great, that the Prince who shall contemptuously break it, may be truly called a Tyrant, the people who shall willingly infringe, it seditious: So this grand acute Lawyer determines. I shall close up this with the unanimous resolutions and notable decree of the United netherlands Provinces. Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Signiory of the Netherlands for his Tyranny and breach of Oath, which is thus recited by Grimstone, and recorded in his general History of the Netherlands, page 658, to 667. In the alterations which happen sometimes in an Estate betwixt the Sovereign Prince and a people that is free and privileged, there are ordinarily two points, which make them to aim at two divers ends: The one is, when as the Prince seeks to have a full subjection and obedience of the people, and the people chose require, that the Prince should maintain them in their freedoms and liberties, which he hath promised and sworn solemnly unto them, before his reception to the principality. Thereupon quarrels grow: the Prince will hold a hard hand, and will seek by force to be obeyed; and the subjects rising against the Prince, oftentimes with dangerous tumults, rejecting his authority, seek to embrace their full liberty. In these first motions there happen sometimes conferences, at the instance of neighbours, who may have interest therein, to quench this fire of division betwixt the Prince and his subjects. And then if any one of the parties groweth obstinate, and will not yield, although he seem to be most in fault, it followeth of necessity, that they must come to more violent remedies, that is to say to arms. The power of the Prince is great, when he is supported by other Princes, which join with him for the consequence of the example, else it is but small: but that of the people (which is the body, whereof the Prince is the head) stirred up by conscience (especially if the question of Religion be touched) the members ordained for their function, doing jointly their duties, is far greater. Thereupon they wound they kill, they burn, they ruin, and grow desperately mad: but what is the event? God (who is an enemy to all tyranny and disobedience) judgeth quarrels, weigheth them in his balance of justice, helping the rightful cause, and either causeth the Prince for his rigour and tyranny to be chased away, and deprived of his estate and principality; or the people for their contempt and rebellion are punished and reduced unto reason; which causeth the alterations to cease, and procureth appease: whereof we could produce many examples, both ancient and modern, if the relation of this history did not furnish us sufficiently. So the general Estates of the united Provinces, See Meteranus Belg. ●rist. l. 11. seeing that King Philip would not in any sort (through his wilfulness) yield unto their humble suit and petitions; and notwithstanding all the offers they could make to purchase a good, firm, and an assured, peace, (notwithstanding all the intercessions both of the Emperor, the French King, the Queen of England, and other great Princes and Potentates of Christendom) yet would he not give ear to any other reason, but what himself did propound: the which the said Estates did not only find unjust and unreasonable, directly repugnant to their liberties, constitutions, and freedoms of the Country; but also contrary to their consciences, and as it were so many snares laid to catch them, which were in no sort to be allowed of, nor received, considering the quality of their affair and his, according to the time. In the end, rejecting all fear of his power and threats, seeing they were forced to enter into all courses of extremity against a Prince, which held himself so heinously offended, as no reconciliation could be expected, relying upon the justice and equity of their cause, and sincerity of their consciences (which are two brazen bulwarks) they were fully resolved (without dissembling) to take the matter thus advanced in hand, and opposing force against force, means against means, and practices against practices, to declare him quite fallen from the Signiory, pre-eminence, and authority, which before the troubles, the breach of their privileges, right, freedoms, and immunities, so often and so solemnly sworn by him, and dispensation of his Oaths, he had or was wont to have in the said Provinces respectively. Whereof they made open declaration by a public Edict, the tenor whereof followeth. The General Estates of the united Provinces of the Netherlands, The Edict of the general Estates declaring the King of Spain to be fallen from the Seignory of the Netherlands. to all those that these presents shall see, read, or hear, greeting As it is well known unto all men, that a Prince and Lord of a Country is ordained by God, to be Sovereign and head over his subjects, and to preseveve and defend them from all injuries, force, and violence, even as a shepherd for the defence of his sheep, and that the subjects are not created by God for the Prince, to obey him in all he shall command, be it with God, or against him, reasonable or unreasonable, nor to serve him as slaves and bondmen; but rather the Prince is ordained for his subjects (without the which he cannot be a Prince) to govern them according unto equity and reason, See Meteranus and others. to take care for them, and to love them even as a father doth his children, or a shepherd his sheep, who putteth both his body and life in danger, to defend and preserve them. If the Prince therefore faileth herein, and in stead of preserving his subjects, doth outrage and oppress them, depriveth them of their privileges and ancient customs, commandeth them, and will be served of them as of slaves, they are no longer bound to respect him as their Soveragn Prince and Lord, but to esteem of him as a Tyrant; neither are the subjects (according unto Law and Reason) bound to acknowledge him for their Prince; Note. so as without any offence, being done with deliberation and the authority of the Estates of the Country, they may freely abandon him, and in his place choose another for their Prince and Lord, to defend them: especially, when as the subjects by humble suit, entreaty, and admonitions, could never mollify their Prince's heart, nor divert him from his enterprises an tyrannous designs: so as they have no other means left them to preserve their ancient liberty, their wives, children and posterity, for the which (according to the laws of nature) they are bound to expose both life and goods; as for the like occasions, we have seen it to fall out often in divers Countries, whereof the examples are yet fresh in memory. The which ought especially to be of force in these Countries, the which have always been and aught to be governed, according, unto the oath taken by their Princes, when they receive them, conformable to their privileges and ancient customs, having no power to infringe them: besides that, most part of the said Provinces have always received and admitted their Princes and Lords upon certain conditions, and by sworn contracts; the which if the Prince shall violate, he is by right fallen from the rule and superiority of the Country. So it is, that the King of Spain (after the decease of the Emperor Charles the fifth, his father of famous memory, from whom all these Countries were transported unto him) forgetting the services, which as well his father as himself had received of these Countries, and the inhabitants thereof, by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies, as his name and power was renowned and feared throughout all the world; forgetting also the admonitions which his said Imperial Majesty had heretofore given him: and chose, hath given ear, belief, and credit unto them of the Council of Spain which were about him; the said Council having conceived a secret hatrrd against these Countries and their Liberties (for that it was not lawful for them to command there, and to govern them, or to merit among them the chief places and offices, as they do in the Realm of Naples, Sicily, Milan, at the Indies, and in other Countries which are subject to the King's command, being also moved thereunto by the riches of the said Countries, well known to the most of them:) the said council, or some of the chief of them, have oftentimes given the King to understand, That for his Majesty's reputation and greater authority, it were better to conquer the Netherlands anew, and then to command absolutely at his pleasure, than to govern them under such conditions, which he at his reception to the Signiory of the said Countries had sworn to observe. The King of Spain following this counsel, hath sought all means to reduce these countries (spoiling them of their ancient Liberties) into servitude, under the government of Spaniards: having under pretext of Religion sought first to thrust in new Bishops into the chief and greatest Towns, indowing them with the richest Abbeys, adding to every Bishop nine Canons to serve him as Councillors, whereof three should have a special charge of the Inquisition. By which incorporation of the said Bishops, being his creatures, and at his devotion (the which should happily have been chosen as well of strangers, as of them which were born in the Country) they should have the first place and the first voice in the assemblies of the Estates of the Country. And by the adiunction of the said Canons, had brought in the Inquisition of Spain, the which had also been so abhorred, and so odious in these Countries, even as slavery itself, as all the world doth well know: So as his Imperial Majesty having once propounded it unto these Countries, upon due information given unto His Majesty, ceased from any more speech thereof, showing therein the great affection which he bore unto His Subjects. Yet notwithstanding divers Declarations which were made unto the King of Spain, as well by the Provinces and Towns in particular, as by some other of the chief Noblemen of the Country, namely, by the Baron of Montigny, and afterwards by the Earl of Egmont, who by the consent of the Duchess of Parma (than Regent of the said Countries) by the advice of the Council of Estate, and of the Generalty, had to that end been successively sent into Spain: And notwithstanding that the king had by his own mouth given them hope, that (according to their petitions) he would provide for the contentment of the Country; yet that he had since by his letters done the contrary, commanding expressly, and upon pain of his indignation, to receive the new Bishops presently, and to put them in possession of their new Bishoprics and incorporated Abbeys, to effect the Inquisition, where they had begun to practise it, and to observe the Decrees and Canons of the Council of Trent, the which in divers points do contradict the privileges of the Country. The which being come to the knowledge of the Commons, hath given just occasion of so great an alteration among them, and greatly diminished the love and affection, the which (as good subjects) they had always borne unto the King, and to his predecessors. For they called chiefly into consideration, that the King not only pretended to tyrannize over their persons and goods, but also upon their consciences, whereon they held themselves not to be answerable, not bound to give account to any one but to God only. For this cause and for the pity they had of the poor people, the chief of the Nobility did in the year 1566. exhibit certain admonitions by way of a Petition, beseeching him, that for the pacifying of the Commons, and to avoid all tumults and seditions, it would please his Majesty, (showing the love and affection, which as a mild and merciful Prince he bore unto his Subjects) to moderate the said points, and especially those which concerned the rigorous Inquisition, and punishment for matters of Religion. And to inform the King more particularly thereof, and with more authority, and to let him understand, how necessary it was for the good and prosperity of the Country, and for the maintenance of peace and tranquillity, to abolish and disannul those innovations, and to moderate the rigour of public Edicts, for matter of Religion; the said marquis of Berges and Baron of Montigny, at the request of the said Lady Regent, the Council of Estate, and the General Estates of all the Countries, went into Spain as Ambassadors: whereas the King, instead of giving them audience, and to prevent the inconveniences delivered by them, (the which, for that they were not redressed in time, as urgent necessity required, began in effect to discover themselves throughout the whole Country) by the persuasion and advice of the Council of Spain, he hath caused all them to be proclaimed Rebels, and guilty of high Treason, and to have forfeited body and goods, that presented the said Petition. And moreover (thinking himself to be fully assured of the Country, by the Forces of the Duke of Alva, and to have reduced them under his full power and subjection) he had afterwards, against the Laws of Nations, (the which have been in all ages inviolably observed, yea among the most barbarous and cruel Nations, and most tyrannous Princes) imprisoned, and caused the said Noblemen Ambassadors to be put to death, confiscating all their goods▪ And although that all this alteration (which had happened in the year 1566. upon the foresaid occasion) was in a manner pacified by the Regent and her council, and that the greatest part of them which had presented themselves unto her for the Liberty of the Country, were retired, or chased away, and the rest brought under obedience: yet not to lose the opportunity which the Council of Spain had long expected (as it appeared plainly the same year 1566. by Letters intercepted, which were written by the Ambassador Alana to the Duchess of Parma) to have means under some pretext to overthrow all the privileges of the Country, and to govern them tyrannously by the Spaniards (as they did the Indies and other Countries which had been newly conquered by them) he by the advice and council of the said Spaniards (showing therein the small affection which he bore unto his Subjects of these countries, contrary unto that whereunto he was bound, as their Prince, protector and good Shepherd) sent into these countries the Duke of Alva, very famous for his rigour and cruelty, and one of the chief enemies of these countries, with a council of the same Humour and disposition. And although that the said Duke of Alva entered with his Army into this country, without any let or opposition, and was received of the poor Inhabitants with all reverence and Honour, expecting all mildness and clemency, according unto that which the King had so often promised by His Letters feignedly written; yea, that He was resolved to come himself in person into the Country, and to order all things to every man's content; the said King having besides all this (at the very instant of the Duke of Alva his departure) caused a fleet of ships to be armed in Spain, to bring him hither, and another in Zeeland to go and meet him (as the bruit was) to the great charge of the Country, the better to abuse his poor subjects, and to draw them more easily into his snares: notwithstanding, the said Duke of Alva presently after his arrival (although he were a stranger, and not any way of the blood Royal) gave it out, that he had a Commission from the King, of Governor General of the Country, the which was quite contrary to the privileges and ancient Customs thereof: and discovering his designs plainly, he suddenly put garrisons into the chief Towns and Forts of the Country, and then he built Citadels in the richest and strongest Towns, to keep them in subjection. And by commandment from the King (as they said) he friendly called unto him, as well by letters, or otherwise, the chief Noblemen of the Country, pretending, that he had need of their council and assistance, for the service of the King, and the good of the Country: who (having given credit to his letters) were come unto him, whom, contrary to the privileges, he caused to be carried prisoners out of Brabant, where they had been apprehended, causing their process to be informed before him and his Council (although they were no competent judges;) and before any due proofs were made, and the Noblemen that were accused, fully heard in their defences, they were condemned to have committed Rebellion, causing them to be publicly and ignomiously put to death. Others, who for that they were better acquainted with the Spaniards dissembling, were retired and kept out of the Country, were declared Rebels, and guilty of high treason, and to have forfeited bodies and goods: All which was done, to the end the poor inhabitants should not aid themselves in the just defence of their liberty, against the oppression of the Spaniards and their forces, by the help and assistance of these Noblemen, & Princes. Besides, an infinite number of Gentlemen & rich burghers, whereof some he hath put to death, others he hath chased away & forfeited their goods, oppressing the rest of the good inhabitants, as well by the insolence of the soldiers, as by other outrages in their wives, children, and goods; as also by divers exactions and taxes, forcing them to contribute for the building of new Citadels and fortifications of towns, which he made to oppress them, & also to pay the hundreth and the twintieth penny, for the payment of soldiers, whereof some were brought by him, and others newly levied, to employ them against their Countrymen, and themselves, who with the hazard of their lives sought to defend the liberties of their Country: to the end that the subjects being thus impoverished, there should be no means to frustrate his designs, for the better effecting of the instructions which had been given him in Spain: which was, to use the Country as newly conquered. To which end, in some places and chief Towns, he changed their form of government, and of justice, and erected new Consuls after the Spanish manner, directly contrary to the privileges of the Country. And in the end (thinking himself free from all fear) he sought to bring in by force a certain imposition of the tenth penny, upon all merchandise and handi-works, to the absolute ruin of the Commons, whose good and prosperity consists chiefly in traffic and handi-works; notwithstanding many admonitions and persuasions made to the contrary, as well by every one of the Provinces in particular, as by all in general. The which he had effected by force, if it had not been that soon after by the means of the Prince of Orange, (and a good number of Gentlemen, and others borne in these Countries) banished by the Duke of Alva, following the party of the said Prince, and being for the most part in his service, and other inhabitants affected to the liberty of their Country, the Provinces of Holland and Zeeland had not revolted, and put themselves under the Prince's protection. Against which two Provinces the Duke hath since during his Government, and after him the great Commander of Castille (sent in his place by the King, not to moderate any thing of his Predecessors Tyranny, but to pursue it more covertly and cunningly than he had done) forced those said Provinces, who by their Garrisons and Citadels, were made subject to the Spanish Yoke, to employ their persons and means to help to subdue them: yet no ways easing the said Provinces, but entreating them like enemies, suffering the Spaniards under the colour of a mutiny, in view of the said Commander, to enter by force into the Town of antwerp, and there to continue six weeks, living at discretion at the poor Burghers charge; forcing them moreover (to be freed from their insolences) to furnish four hundred thousand florins, to pay the said Spaniards: which done, the said Soldiers (growing more bold through the sufferance of their Commanders) presumed to take Arms against the Country, seeking first to surprise Brussels, and in the place of the ancient and ordinary seat of Princes, to make it a nest and den of thiefs. The which not succeeding according to their design, they took Alost by force, and soon after forced the Town of Maestricht. And since being violently entered into antwerp, they spoiled it, sacked it, and wasted it with fire and sword, in such sort, as the most barbarous and cruel enemies could not have done more, to the unspeakable loss, not only of the poor inhabitants, but in a manner of all the Nations of the world, who had their Merchandise, debts, and money there. And although the said Spaniards by a Decree of the Council of Estate (to whom the King by the death of the great Commander, had conferred the general Government of the Country) were in the presence of jeronimo de Rhoda, proclaimed enemies to the Country: yet the said Rhoda of his own private authority (or as it is to be presumed, by virtue of some secret instruction which he had from Spain) took upon him to be the head of the said Spaniards, and their adherents, so as without respect of the Council of Estate, he usurped the king's Name and Authority, counterfeited his Seal, and carried himself as a Governor, and the King's Lieutenant in these Countries. The which moved the Estates at the same instant to agree with the Prince of Orange, and the Estates of Holland and Zeeland: which accord was allowed by the Council of State (as lawful Governors) that they might jointly with their common forces, make war against the Spaniards: Omitting not as good subjects, by divers humble petitions, to beseech the King to have regard unto the troubles, oppressions and insolences which had happened, and were like to follow: and that he would be pleased with all convenient speed possible, to command the Spaniards to depart out of the Country, and especially those which had been the cause of the sack and ruin of the chief Towns of his Country, and other innumerable insolences and violences which his poor subjects had endured, to the comfort and ease of them which had endured them, and to the example of all others: yet notwithstanding; the King (although that he made show by words, that what had happened, displeased him, and was against his will, and that he had an intent to punish the heads and authors, and to provide for the quiet of the Country with all clemency, as it behoved a merciful Prince) hath not only neglected to punish the said Heads and Authors: but chose, (as it appeareth) all was with his consent and former resolution of the council of Spain, as certain letters of his, intercepted soon after, do plainly show: by the which it was written unto Rhoda, and to the other Captains, authors of all the mischief, That the King did not blame that action, but did allow thereof, and commend it, promising to recompense them, especially the said Rhoda, as having done him a singular service: The which, at his return into Spain, and to all other ministers of the oppressions that were used in these Countries, he did show by effect. At the same time, the King thinking the better to blind the eyes of his subjects, sent into these Countries for Governor General, Don john of Austria, his base brother, as being of his blood: who (making show unto the Estates, that he did allow of the Pacification of Gant, promised to send away the Spaniards, to punish the authors of all insolences and disorders which had happened in the Country, and to take an order for the general peace, and the restoring of their ancient liberties) sought to divide the Estates, and to subdue one Country after another. By the permission and providence of God, who is an enemy to all oppression, he was discovered by the intercepting of certain letters, where he was commanded by the King to govern himself in these Countries, according to the Instructions that should be given him by Rhoda: and to cover this practice, the King had forbidden Don john to speak with him, commanding him to carry himself unto the chief Noblemen with all mildness and courtesy, to win their loves, until that by their assistance and means, he might reduce Holland and Zeeland, and afterwards work his will of the other Provinces. Whereupon Don john, notwithstanding that he had solmnly sworn in the presence of all the Estates of the Country, to observe the said Pacification of Gant, yet contrary thereunto he sought by means of their Colonels (whom he had already at his devotion) and great promises, to win the German soldiers who were then in Garrison, and had the guard of the chief Towns and Forts of the Country, whereof by that means he made himself master, holding himself assured of those places they held, and so by that means to force them that would not join with him, to make war against the Prince of Orange, and them of Holland and Zeeland, and so to raise a more boody and intestine war, than had been before. But as all things that are treated cunningly and with dissimulation, cannot be long kept secret, Don john's practices being discovered, before he could effect what he had designed, he could not bring his conceptions and enterprises to the end that he pretended: Yet he revived a new war, the which continues unto this day, in stead of rest and an assured peace, whereof he did so much vaunt at his coming. Which reasons have given us great occasion to forsake the King of Spain, and to seek some other mighty and merciful Prince, to help to defend these Countries, and to take them into his protection: and the rather for that these Countries have endured such oppressions, received such wrongs, and have been forsaken and abandoned by their Prince for the space of twenty years and more; duduring the which the Inhabitants have been entreated not as subjects, but as enemies, their natural Prince and Lord seeking to ruin them by arms, Moreover, after the death of Don john, having sent the Baron of Selles, who (under colour propounding some means of an accord) declared sufficiently, That the king would not avow the Pacification made a Gant (which Don john notwithstanding had sworn to maintain) setting down more hard conditions. Yet for that we would discharge ourselves of our duties, we have not omitted to make humble suit by writing, employing moreover the favour of the greatest Princes of Christendom, seeking by all means without intermission, to reconcile ourselves unto the King; having also of late kept our deputies long at Cologne, hoping there (by the intercession of his imperial Majesty, and some Prince's Electors) to have obtained an assured peace, with some moderate toleration of Religion (the which doth chiefly concern God and men's consciences) as the estate of the affairs of the Country did then require: But in the end we found it by experience, that nothing was to be obtained from the King, by the Conference at Cologne: and that it was practised and did only serve to disunite and divide the Provinces, that they might with the more facility vanquish and subdue first one, and then another, and execute upon them their first designs. The which hath since plainly appeared, by a certain proscription, which the King hath caused to be published, whereby we and all the Inhabitants of the united Provinces, and Officers that hold their party, are proclaimed Rebels, and to have forfeited lives and goods: Promising moreover, a great sum of money to him that should murder the said Prince, and all to make the poor Inhabitants odious, to hinder their Navigation and Traffic, and to bring them into extreme despair. So as despairing of all means of reconciliation, and destitute of all other succours and aid we have according to the Law of nature (for the defence of us and other Inhabitants, the Rights, privileges, ancient customs, and liberty of the Country, and the lives and honours of us, our wives, children, and posterity, to the end they fall not into the slavery of the Spaniards, leaving upon just cause the King of Spain) been forced to seek out some other means, such as for the greater safety and preservation of our Rights, Privileges, and liberties, we have thought most fit and convenient. We therefore give all men to understand, That having duly considered all these things, and being pressed by extreme necessity, We have by a general resolution and consent, declared, and do declare by these presents, the King of Spain, ipso jure, to be fallen from the Seignory, Principality, jurisdiction, and inheritance of these Countries: And that we are resolved, never to acknowledge him any more, in any matter concerning the Prince, jurisdictions or demeanes of these Netherlands, nor to use hereafter, neither yet to suffer any other to use his Name as Sovereign Lord thereof. According to the which we declare all Officers, private Noblemen, Vassals, and other inhabitants of these Countries, of what condition or quality soever, to be from henceforth discharged of the Oath which they have made in any manner whatsoever, unto the King of Spain, as Lord of these countries, or of that whereby they may be bound unto him. And for the above named reasons, the most part of the said united Provinces, by a common accord and consent of their Members, have submitted themselves under the command & government of the high and mighty Prince, the Duke of Anjou and Alencon, etc. upon certain conditions contracted and accorded with his Highness: and that the Archduke of Austria, Mathias, hath resigned into our hands the government general of these Countries, the which hath been accepted by us. We enjoin and command all judges, Officers, and all others, to whom it shall appertain, That hereafter they forbear to use any more, the name, titles, great seal, or signet of the K. of Spain: and instead thereof, whilst that the Duke of Anjou, for his urgent affairs, concerning the good and welfare of the Country, shall be yet absent, for as much as shall concern the Provinces which have contracted with his Highness, and touching the rest by way of provision, they shall use the title and name of the chief and Counsel of the Country. And until that the said heads and Counsellors, shall be named, called, and really established in the exercise of their charges, and offices, they shall use our name, except Holland and Zeeland, where they shall use as they have formerly done, the name of the Prince of Orange, and of the Estates of the said Provinces, until that the said Council shall be in force, and then they shall govern themselves as it is agreed, touching the instructions given for the said Counsel, and the accords made with his Highness. And instead of the King's seals, they shall hereafter use our Great Seal, counter Seal, and Signet, in matters concerning the government general, for the which the Council of the Country, according to their instructions shall have authority. And in matters concerning the policy, administration of justice, and other private acts of every Province, the Provincial Concels and others, shall respectively use the name and Seal of the said Province, where the matter shall be in question, and no other, upon pain of nullity of the said Letters, or Dispatches which shall be other wise made or sealed. And to the end these things may be the better observed and effected, we have enjoined and commanded, and do enjoin and command by these presents, That all the King of Spain's Seals, which are at this present within these united Provinces, shall be delivered into the State's hands, or to him that shall have commission and authority from them, upon pain of arbitrary punishment. Moreover, We ordain and command, that from henceforth the name and arms of the King of Spain, shall not be put not stamped in any coins of these united Provinces: but there shall be such a figure set upon them, as shall be appointed for the coining of new pieces of Gold and Silver. In the like sort we enjoin and command the precedent and Lords of the privy Council, and all other Chancellors, precedents, Provincial Counsuls, and all Precedents and chief Masters of accounts, and others of all chambers of accounts, being respectively in these countries, and also all other judges, and Officers (as holding them discharged of the oath which they have made unto the King of Spain, according to the tenor of their Commissions) that they shall take a new oath in the hands of the Estates of the Province where they are, or to their Deputies, by the which they shall swear to be faithful to us against the King of Spain, and his adherents, according to the form set down by us: and there shall be given to the said Councillors, Masters of accounts, judges and Officers, remaining in the Provinces which have contracted with the Duke of Anjou, in our name, an act of continuance in their Offices, containing in stead of a new commissions, a cessation or disannulling of their former, and that by way of provision, until his coming. And to Councillors, Masters of accounts, judges, and Officers, being resident in Provinces, which have not contracted, with his Highness, a new Commission shall be given under our name and Seal, if the petitioners were not found faulty, to be of bad behaviour, to have done against the privileges of the Country, or to have committed some other disorder. We also command the Precedent and them of the privy Council, the Chancellor and Council of Brabant, the Governor, Chancellor, and Council of Gueldres, and the County of Zutphen, the Precedent and council in Flanders, the Precedent and council in Holland, the Governor, Precedent and Council in Friesland, the Precedent and Council at Vtricht, the Bailiff at Tournay and Tournesis, the Receivors or chief Officer of Beoostercheldt and Bewesterscheldt Zeeland, the scout of Macklyn, and all other judges and Officers whom it shall concern, their Lieutenants, and every of them, presently without any delay, to publish this our Decree in all places of their jurisdictions, and wheresoever they are accustomed to make proclamations, to the end that no man may pretend any cause of ignorance: And that they may keep and observe, and cause to be kept and observed inviolably this our Decree, without any favour, support, or dissimulation; for we have so thought it fit and convenient for the good of the Country. For the effecting whereof, we give to every one whom it shall concern, full power and authority, and special Commission. In witness whereof, we have caused our seal to be hereunto annexed. Given at the Hage in out assembly the 26 of ●uly 1581. Underneath was written, By the ordinance and decree of the said Estates, and signed ●. Tan Asseliers. According unto this declaration of the Estates, there was a new form of an Oath drawn, in manner of an abjuration of the King of Spain, and promise of duty and obedience which every one should owe unto the said Estates, by the public Officers, and Magistrates of every Town and Province, as followeth. I swear, That hereafter I shall not serve nor yield obedience to Philip King of Spain, The form of the oath of abjuration of the King of Spain. nor acknowledge him for my Prince and Lord, whom I do renounce by these presents, and do hold myself freed from all Oaths, and bonds, by the which I might be formerly tied unto him: whereof finding myself presently delivered I swear a new and bind myself to the united Provinces, and namely, to them of Brabant, Gueldre, Holland, Zeeland, and their allies, and to the sovereign Magistrates that are appointed, to be faithful and loyal unto them, to yield them all obedience, aid, and comfort, with all my power and means, against the King of Spain and his adherents, and against all the enemies of the Country. Promising as a good vassal of the Country, to carry myself faithfully and loyally, with show of all obedience to my superiors; So help me the Almighty God. This decree being thus proclaimed, all the seals, counter-seals, and secret signets of the King of Spain, were broken and canceled with solemnity, by all the consuls of the said Provinces, and others new made, by order of the general Estates, for that which concerned the Government, and the affairs of the generality. And as for matters of justice and policy, they used the seals, names, and titles of private governor's, and Provincial consuls. From that time there was no coins of gold, silver, or copper made with the name or titles of the King of Spain, but upon stamps which the Estates had caused to be made in every Povince. All governor's, superintendents, Precedents▪ Chancellors, Counsellors, and others Officers, were discharged and absolved from their precedent oaths, and did swear fidelity to the general Estates, against the King of Spain and his adherents, according to the form above mentioned, to whom an act was sent for the continuation of the Commissions. Ninthly, it is evident from the premises; Observ. 9 That is Emperors and Kings shall degenerate into Tyrants, violate their Oaths and Covenants made unto the people, invade their Laws, Liberties, persons with armed violence, and instead of protecting, make war upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Arms, both in point of Law & conscience, & are obliged under pai●e of treachery and perfidiousness to their Country, thus to resist; and in cases of incorrigibility for the public weal, and preservation, may justly if they see it necessary, depose them from their Royal Dignities as Enemies, or Traitors to their Kingdoms and people. De jure Magistratus in subdito. p. 293. 294. 295. Hugo Gr●tius de jure Belli ●▪ 1. c. 4. s 7. p. 85. The reason is, Because no Kingdom or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperor or King whatsoever (for aught can be proved or imagined) but upon this tacit condition; that they should justly govern, defend and protect them for their good, not tyrannize over, pillage, murder, oppress, or make war upon them at their pleasures, contrary to the Laws of God, nature, nations; Nor yet actually obliged themselves under pain of Treason, Rebellion, death, or damnation, not forcilly to reobsist or deprive their Princes in any wise, though they with open violence should set themselves to subvert their Religion, Laws, Liberties, and Republic; to which unreasonable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seems a feditious unchristian Paradox to many Malignants and Royalists, I shall satisfy it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate wilful error. My first Authority of this kind, is that passage of Sozomon (an ancient Ecclesiastical Historian) Eccles. Hist. l▪ 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of julian the Emperor (who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be stain by a Christian Soldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; He seems to say, that the strayer of julian the transgressor was a Christian, which peradventure was true; Neither is it incredible, that some one of the Soldiers who marched under his colours, had considered these things thus in his mind: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergo the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily he CANNOT WELL BE REPREHENDED BY ANY MAN, especially since he should show himself so valiane and stenuous FOR GOD AND that RELIGION which he did approve, etc. However it is certain that he was taken away by God's divine judgement. Ecc●es. His●●. 〈◊〉. c. 35. Nicepherus adds, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLEASANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MURDER, INSTUTED A PUBLIC TRIUMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though to no purpose, as I have * elsewhere manifested) held it not only lawful for them to resist, but even in some cases to slay a persecuting Apostatised Tyrant, bend so subvert Religion, Laws, Liberties; as may be further evidenced by Euseb. lib. 2▪ vita Constan. & Ecclesist▪ Hist. l. 8. 9 10. Socrat. Scholast. Hist. l, 1. Sozomon. Niceph. Call. eccles. Hist. l● 7. c. 29. 37. 39 44. 45. Grimsion Eutropius Zonara Sabellicus Valatera●us in the Lives of Constantine Maxim●nus and Maxentius. Constantine the great his aiding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Arms, with which he Conquered these Persecutors in sundry open battles fought against them, at the Christians earnest importunity. To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannical Princes who oppress and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience be forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republic and Religion, be justly deposed, and put to death; yea, as some of them add, even murdered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (dedicated to the King of Cyprus) Operum, Au● verpiae. 1612. Tom. 17. f. 163. cha 6. determines thus, if it belong to the multitude to provide themselves of a King; the King made by them, may not unjustly be removed, destroyed, or his power restrained, if he abuse the power of the Realm tyrannically; Neither is such a multitude to be esteemed, TO DEAL DISLOYALLY IN DEPOSING A TYRANT ALTHOUGH THEY HAD PERPETUALLY SUBJECTED THEMSELVES TO HIM BEFORE, BECAUSE HIMSELF HATH DESERVED IT, in not carrying himself faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirms, 2 Distinct. Art. 44. qu. 2. 2. 5m. 1. 2ae. Dist. 44. qu. 2. 2. 5m. 1. 2 ae. qu. 79. 4. 3m. 22ae. qu. 12. art. 2. & qu. 42. 2. 3m. Opusc. 10. l. 4. co. 1. That in every Country, Cities are governed politicly; the power of Kings and Emperors being circumscribed by the Laws and people, That a Tyrannical Prince, if he invade his Subjects, may lawfully beresisted and lain even of private persons in their own necessary defence, and in reference to the public safety; but much more by the Nobles and people's general consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unless it be done by private persons, or so disorderly, that a greater detriment should ensue, BUT IT IS THE TYRANT RATHER WHO IS SEDITIOUS. The same Doctrine is taught by Dominicus Seto, de justitia. l. 5. quaest. 1. art. 3. Ludovicus Molina. Tom. 4. De justitia & Inre Tract. 3. disp. 6. to 20. Dominicus Bannes, 22. 2ae▪ quaest. 64. Art. 3. Dub. 2. Petrus de Arragon. 2. 2 ae. qu. 64. a●t. 3 Explicatio, art. p. 248. Michael Bartholomaeus Salon, de justitia & jure in 2. 2ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2 ae. D. Thomae quaest. 40. art. 3. sect. 3. throughout, specially Disput. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De jure Bell●. n. 9 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defension fidei l. 3. cha. 3. & l. 6. chap. 4. throughout, specially, num▪ 5. 6. 13. 14. 15. 16. joan Gerson de Anferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully be bound, imprisoned, and put to death for his offences, (though the head of the Church as Papists hold, as well as Kings the head of their Realms.) Dionysius Cathusianus de Regim. Polit. Artic. 19 Francis●us T●llet, in summa, l. 5. c. 6. Leonardus Lessius de justit. & jure, c. 9 dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Emanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. johannis Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. ●. 11. p. 98. tit. 45. n. 25. p. 209. Gregory de Valencia, Tom 3● p. 444. Cardinal Bellarmine, de Pontif Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. advers. Gul. Barrel. p. 97. jac. Gretzerus Pharetras Tortulliana, & Vespertilio Haeritico●Politicus, Ludovicus Richehom. Expostulatio Aplogetic●, pro Societate jesiis. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglican● de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Collyrium Regium. of Valentine Jacob. An. 15●4. and john Tanquerel Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinal of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to murder Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the jesuit, Amphith p. 101. Barclay l. 3. advers. Monarch. c. 8. l. 6. c. 23. & 24. Serarius in c. 3. judicum. Hieronymus Blanca Rerum Aragonens. Commentarius, passim. Cajetan: upon Aquinas his forecited Sums. the Doctors of Sala●ancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defence of the Way, c. 6. p. 16. Governado Christiano p. 43. Antonius Massa Tract. contra Duell. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisaeus de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gallia, c. 6. 7. 10. 13. 15. 18. 19 etc. To which I might add our English Priests and Jesuits, as Doctor Nicholas Saunders, Visib. Monarch. p. 70. 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all professedly a verring Aquinas his Doctrine, and the premises, yea, far exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliament, Nobles, Peers, or People's assent, to depose, adjudge Haereticall or tyrannical Kings to death, and devote them to assassination, which all Protestants unanimously disclaim. But we need not fish in these unwholesome Romish Streams of Tiber, or make use of these Popish Champions, whom I have only named, to stop the mouths of all Papists, Priests, Jesuits, who now much exclaim against the Parliaments present defensive War, condemning all for Rebels and Traitors who assist the Parliament against their invading traitorous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the original contrivers, fomenters, the principal abettors of the present bloody, destructive, civil Wars in both our Realms. And that which most confirms me in this belief, is a particular late Discovery of the horrid Conspiracy of Con the Pope's late Nuncio here, and his jesuited Popish Confederates, to undermine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to engage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poison him with a Indian poisoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may read at large in Rome's Masterpiece, to which I shall refer you for fuller satisfaction, from one of the chief Conspirators own Confession. But passing by all these, I shall proceed to Authorities of Lawyers and Divines, professing the Protestant Religion. Georgics Obrectus, a public Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Principiis Belli, lays down these several Positions for Law, Num. 125. to 139. That all the Inferior Magistrates in the Empire or other Kingdoms, collectively considered, are above the Emperor and Kings themselves; that if they be unjustly assaulted with unjust violence by any whomsoever, they may by a necessary and just war, defend both themselves and theirs, and repel and prosecute the unjust assailants. That if the Superior Magistrate neglect to do his duty, (as if the Turk should invade any Country, and the Supreme Magistrate would not resist him,) the inferior Magistrate may call the people to Arms, raise an Army, and exercise all forces policy and devices against the common enemy of Christians: Or if the Supreme Magistrate should exercise manifest Tyranny, it is verily lawful to the Inferior to undertake the care of the Republic, which he endeavours to oppress with all his power: That those who represent all the people, as the Electors, Palatines, Nobleses, Parliament, may admonish the Prince of his duty, and aught to seek by all means to divert him from his Tyrannical and impious purpose; but if he proceeds, and repenteth not, being frequently admonished, but wilfully subverts the Commonwealth, obstinately perverts Laws; hath no care of faith, co●venants, justice, piety; and tends only to this, that he may perpetrate any thing with impunity, and impiously reign over men's consciences, then verily he is accounted a Tyrant, that is, an enemy of God and man; whence, if he hath proceeded to that height of malice, that he cannot be expelled but by armed force, It is Lawful for the Electors, Palatines and others, to call the people to Arms, and not only to defend themselves and others against such a one, but plainly to deject him from his Throne: For the entire Government of the Realm is not committed by the people to the Prince alone, as neither the Bishopric of the whole Church to the Pope, but to every one of the Nobles or Magistrates according to his power: For the Nobles, as they are called into part of the honour, so of the burden of the Commonwealth; which is committed to the Prince, as to the Supreme Tutor, but to them as Fellow-tutors, he having the first, they the second place in governing the Republic. The Prince swears that he will seek the good of the Realm, and all the Nobles promise the same: therefore if he doth ill, they ought not to do so likewise; if the Republic go to ruin, they shall not continue: For the Commonwealth is no less committed to them, than to the King, so as they ought not only to do their duty, but also to contain the Prince within the limits of his duty: For if the Prince doth aught against his Oath, they are not absolved from their Oaths, but rather then especially aught to manifest their fidelity, when the Republic requires it, because they were specially instituted for that end, as the Ephori, and everything ought to be reputed just, when it attains its end. Hence B●utus the Tribune, and Lucretius the Governor of the City, called the people to Arms against Tarquin the proud, and by their authority expelled him the Ringdom. So the Roman Senate judged Nero an enemy of the Republic, and condemned him to the Gallows; punished Vitellius with death, ignominiously mutilat●ed and dragged thorough the City, and spoiled Maximinus of the Empire, setting up Albinus in his place. Thus the French by Authority of a public Council, thorough the care of the Officers of the Realm deprived Childericke the first, Sigebert, Theodoric, and Childericke the third of the government of the Realm. Neither is it impertinent to pronounce the same sentence of such a one, as was given of Manlius Capitulinus, Valerius Maxim. l. 6. c. 7. Thou wast Manlius whiles thou didst cast down the Senons headlong; Now because thou art become one of the Senons, thou thyself art to be precipitated from whence thou didst cast them down. But if perchance most of the Nobles collude and connive, and being unmindful of their duty, take no care of the people; let there at least be one who may admonish and detest the invading Tyrant, and take care that the Republic sustain no detriment; For the care of the Republic is no less committed to him, than to the Prince and his Colleagues, and he hath plighted his faith to the Republic no less than they. If many have promised the same thing, the obligation of the one is not taken away by the negligence or perjury of the other. If there be many trusties, Executors, or Guardians, the negligence default or fraud of some of them, doth not discharge or disengage the rest; yea, unless they to their power discharge their trust and Oath, they become perfidious, yea guilty of the same crime, and are subject unto actions for their neglect as well as the others: Therefore those who are bound to the whole Kingdom and Empire, as the Peers of France, the Electors, or to some certain Country or City which makes a part of the Realm, as Dukes, Marquesses, Earls, Constables, Admirals, and the like, are obliged to aid the whole Commonwealth, or that part committed to them, against the tyranny of the Prince, if they be able, etc. Thus and much more this Lawyer, almost verbatim out of junius Brutus. I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. c 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De jure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de jure Belli & pacis, lib. 1. c. 4. sect. 7. to the end, p. 87. etc. Albericus Gentilis de jure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9 22. p. 546. 686. with others. But since junius Brutus compriseth the quintessence of all the rest, I shall trouble you only with his Discourse. Vindiciae Contr. Tyrannos, Quaest 3. p. 177. to 106. To pass by his Discourse concerning the resisting of Tyrants, who usurp a Dominion without any Title, whom every man may justly resist and suppress, and are bound in duty so to do, as he there proves at large; I shall only transcribe what concerns them who have a lawful Title. First (saith he) we ought to consider, that all Princes are born men. We cannot therefore expect to have only perfect Princes, but rather we ought to think it well with us, if we have gained but indifferent ones. Therefore the Prince shall not presently be a Tyrant, if he keep not measure in some things, if now and then he obey not reason; if he more slowly seek the public good; if he be less diligent in administering justice, or less fierce in propulsing war. For seeing a man is not set over men, as if he were some God, as he is over beasts; but as he is a man, born in the same condition with them; as that Prince shall be proud, who will abuse men like Beasts, so that people shall be unjust, who shall seek a God in a Prince, and a Divinity in this frail Nature. But truly if he shall willingly subvert the Republic; if he shall wilfully pervert the Laws, if he shall have no care of his faith, none of his promises, none of justice, none of piety; if himself become an enemy of his people, or shall use all or the chiefest notes we have mentioned, then verily he may be judged a Tyrant, that is, an enemy of God and men. Therefore we treat not of a Prince, less good; but of the worst; not of one less prudent, but of a malicious and subtle one; not of one unskilful in Law, but of a contemner of Law; not of an unwarlike one, but of an enemy of the people and waster of the Realm. A Senate may assist him with prudence, a judge with the knowledge of the Law, a Captain in the skilfulness of war; but this man wisheth the Nobles, Senator's, Captains of War one neck, that he might cut them off at one stroke, neither hates he any more than them. The first verily, though he may lawfully be removed, yet however he may be tolerated; the latter contrarily, by how much the longer he is tolerated, the more intolerable he becomes. Moreover, as every thing is not lawful to a Prince; so often times, that which is lawful to the people, is not expedient. For frequently it may fall out, that the remedy which is used, may be worse than the disease. Therefore it becomes a wise man to try all things, before he use the hot Iron; and use all remedies, before he take up arme●. If therefore those who represent the people perceive any thing to be done against the Republic by force or fraud, let them first admonish the Prince; neither may they expect, till the mischief grow heavy, and acquire forces. Tyranny is like an heptick Fever, which at first is easy to be cured, difficult to be discerned; afterward it becomes easy to be known, but very difficult to be cured. Therefore they shall withstand the beginnings, neither should they pretermit any thing, though the smallest. But if he shall proceed, and not repent though frequently admonished, but tend only to this, that he may commit any thing without punishment; then verily he is really guilty of Tyranny, and they may act against him, whatsoever they may use against a Tyrant, either by Law or just force. Tyranny is not only a crime, but the head, and as it were, the heap of all crimes. A Tyrant subverts the Republic, makes a prey of all, lieth in wait for the life of all, violates faith to all, contemns all the Religion of a sacred Oath. Therefore is he so much more wicked than any Thief, murderer, sacrilegious person, by how much it is the more grievous, to offend many and all, then particular persons. Now if all these be reputed enemies, if they be capitally punished, if they suffer pains of death, can any one invent a punishment worthy so horrid a crime? Moreover, we have proved, Not● that all Kings receive their Royal Dignity from the people; that all the people are better and higher than the King, that the King is only the superior minister and Ruler of the kingdom, the Emperor of the Empire, but the people are the true head. In Tractat. de Tyranno, & in Tract. de reg. Civit. Therefore it follows, that a Tyrant who commits felony against the people as the Lord of the fee, hurts the sacred Majesty of the Realm and Empire, Becomes a Rebel, and therefore falls into the danger of the same Laws, and demerits more grievous punishments. Therefore, saith Bartolus, he may be deposed by a Superior; or be most justly punished by the Julian Law, for public violence. Now all the people, or those who represent them, as Electors, Palatines, Nobleses the Assembly of the Estates, etc. are his Superior. But and if he shall proceed so far, that he cannot be expelled but by armed violence, then verily it shall be lawful for them, to call the people to Arms, to raise an Army, and to practise force, policy, stratagems, as against an adjudged enemy of his Country and of the Commonweal. Neither shall the Officers of the Realm in this case fall into the crime OF SEDITION; For in a sedition there must needs be two points, which when for the most part they contend about contradictories, it follows, that the cause of one is just, the other unjust; That cause must verily be just which defends the Law●, which protects the common good, which shall preserve the Realm, especially by this means; contrarily, that cause is unjust, which violates the Laws, defends the breakers of the Laws, protects the subverters of the Country. Bartolus Tract. de Guelphis & Gibell Ang. l. 3. §. cum igitur D. de vi & viar. Thom. Aquinas in 2. 2● qu. 12. Art. 11. in fine l. 1. D. ad leg. jul. magist. Cit Parid 4. That is just which will destroy tyrannical government, that unjust which would abolish just government. That lawful which tends to the public good, that unlawful which tends to the private. Therefore, saith Thomas, because a tyrannical kingdom which is not ordained to the common good, but principally for the benefit of the Governor, is most unjust; therefore the disturbance of this Kingdom Hath not the reason of Sedidition, nor do they fall into the crime of Treason. This crime is committed against a lawful Prince; Now a lawful Prince is nothing but a living Law: therefore he who kills the Law as much as in him lieth, cannot be called by that name; therefore those who take up Arms against him shall not be guilty of that crime. It is likewise committed against the Commonwealth, but because the Repub. is there only where the authority of the Law prevails, not where the private ●ust of a Tyrant swalloweth the Republic, a Tyrant shall be guilty of that crime which offends the public Majesty, & those be Vindicators of the Republic, who shall oppugn a Tyrant Ex Officio, supported with their own authority. Neither in this case, I say, doth every one, but all the Subjects, but the Lords seem to require an account of the government from their agent: no more shall they be accounted perfidious for doing it; there is every where between the Prince & people a mutual & reciprocal Obligation; he promiseth, that he will be a just Prince: they, that they will obey him, if he shall be such a one. Therefore the people are obliged to the Prince under a condition: the Prince, purely to the people: Therefore if the condition be not fulfilled, the people are unbound, the Contract void, the Obligation null in Law itself: Therefore, the King is perfidious if he reign unjustly; the people perfidious, if they obey not him who reigns justly: But the people are free from all crime of perfidiousness, if they publicly renounce him who reigns unjustly; or if they endeavour to evict him with Arms who desires to retain the kingdom unlawfully. L. 160. D. dereg. jur. Therefore it is lawful for all or many of the Officers of the Realm to remove a Tyrant. Neither is it only lawful; but it ly●th so upon them of duty, that unless they do it, they can no way be excused. Neither may Electors, Palatines, Senators, and other Nobles think, that they were created and instituted only for that end, that they should show themselves once peradventure in the King's inauguration, attired after the ancient manner, that they might act a certain palliated Fable, or put on the person of Rowland, Oliver, Ronald, and other Nobles on that day, as if in a Scene, they should in some show represent the Round Table of Arthur, as they call it; so as after that the multitude is dismissed, and Calliopus hath said, Farewell, they should think they had excellently played their parts. These things are not spoken in jest, these things are not perfunctorily done; these things are not the pastimes of children, who as it is in Horace, Vap. l. 3. D. de adm. & peric. Tut. & curate. created a King in a Play; but rather of Nobles, & Magistrates, who as they are called unto part of that honour, so likewise of the burden, and show, that the Republic is committed and commended to the King, as to the supreme and chiefest Tutor, so also to them as fellow-Tutor● (even Honorari) assigned to him as observers of his actions who hath the chief tutelage, who may daily exact an account of him, and diligently take heed, L. 27. D. eodem. in what manner he reverseth; so even these, that they might observe the King (who, as to his tutelary providence, is only reputed in the place of a Lord) that he do nothing to the detriment of the people. Therefore as the fact of him who acts the Guardian, is imputed to the Co-gardians, unless where they ought and are able, L. 14. D. de admin. & peri●. tut. they suspect and likewise take care to remove him; to wit, when he communicates not the administration with them, L 3. de suspect. tut. & cur. if he do not faithfully manage the tutelage or care, if he admits fraud, if he doth any thing sordidly or perniciously to the Pupil, if he intercept any of the Pupils goods, if he become an enemy to the Pupil; finally, if he be over rude, slothful, unskilful, etc. So even the Nobles shall be held guilty of the Prince's deed, unless they remove, or prevent his tyranny, or supply his slothfulness, with their vigilance and diligence. Finally, as oft as the Guardian doth not do in the name of the Pupil, that which any fit Master of a family would do, he may not seem to be defended; but that he may be the better defended, his Co-gardians are bound to foresee: So much more justly, if the Prince doth not act the householder but the Enemy, the Nobles may and aught to act against him, L. 10. & 33. D. de admin. & peri●. tutor. & Curate. since they are bound by his deed, no less then by their own. Moreover the Nobles may consider, that the King in governing the Republic, holds the first part, but they the second, third, and every one in his place. Therefore if he doth his part ill, they may not follow him: if he destroy the Republic, they may not connive; for it is committed to them, as well as to him; and in such sort truly, that not only they themselves ought rightly to execute their office by themselves, but to contain the Prince within the bounds of his office. Finally, as the King promiseth, that he will take care of the benefit of the Commonweal, so also do they. Therefore if he breaks his oath, they may not think, that they are absolved from theirs, no more than Bishops, if the Pope should defend heresy or destroy the Church: yea, they should think themselves so much the more obliged to perform their oaths, by how much the more he shall violate his. Therefore if they collude, they are reputed in the number of prevaricators; if they connive, of desertors; and TRAITORS, if they vindicate not the Republic from the tyranny of tyrants: as finally they become Patrons, Defenders, little Kings, if they by all means protect and defend the Republic, which they have undertaken to protect. judg. 5. These things, though they are sufficiently firm of themselves, yet they may be demonstrated by examples. The Canaanitish Kings, who oppressed the people of Israel with hard servitude, as well corporal as spiritual, (interdicting them both commerce and arms) were true tyrants, I say in practice, yet not without a title; for Eglon and jabin reigned quietly almost twenty years: Now God extraordinarily stirred up Ehud, who slew Eglon craftily; and Deborah, who routed the army of jabin; and by that means freed the people from tyranny: This was not verily, because it was less lawful to the ordinary Magistrates and Princes of the Tribes, and the rest to do it, but Deborah rather objecteth their slothfulness and carelessness to them, and curseth some of them for this cause. But truly God, pitying his people, extraordinarily supplied the negligence of ordinary officers. 2 Chron. 10. & 11. Rehoboam the son of Solomon, refuseth to ease the people of unnecessary Tributes, being entreated to do it in a general Assembly of all the people, he groweth insolent, and assisted with the counsel of flatterers, even arrogantly threatens more grievous burdens; No man doubts, August. l. 1. 7. de Civil. Dei c. 22. but that according to the covenant first made between the King and people, the Nobles might have restrained this pride: But the sin was in this, that they did by secession, which was to be done in the Assembly; and did a just and lawful thing unjustly. Frequent examples of this thing occur in other Kingdoms: he instanceth in Tarquin the proud, expelled by Brutus and Lucretius; who confiscated his goods, and would have publicly sentenced himself, had they apprehended his person, because he consulted not with the Senate as former Kings usually did, because he made war, peace, and truces at his pleasure without the Senates and people's advice, violated the Laws which he should observe, and neglected the covenant established between the King and people: in Nero the Emperor, publicly sentenced by the Senate, Vitellius, Maximinus; and the speech of Trojan (forecited): Likewise the See Hotoman. Francogallia. c. 6. to 14. French, by authority of a public Council through the care of the Kingdom's officers, expelled Childericke the first, Sigibert, Theodoricke, Childericke the third, from the Crown, for their tyranny, and set up others of another stock in their places. Yea, for slothfulness, negligence, madness, as also for injuries to Foreigners, and yielding to the impotency or lust of flatterers, or women, they have deposed some, and as it were taken away the reins from Phaeton, lest all men should be burnt with the same fire; as Theodoricke for Ebroines sake, Dagobert of Plectrude, and Theobald his Minion's, with others; reputing it to be all one, whether a woman or an effeminate Prince reigned; or whether a tyrant, or petite tyrants under a slothful Prince domineered: or finally, whether he himself were a Devil, or possessed by the Devil himself. Thus not long since they compelled Lewes the eleventh, a most imperious Prince to receive 36. Governors, by whose counsel he was bound to govern the Republic. Yea, what other right had either the Carlingi, adopted into the Kingdom in place of the Meruingi; or the Cape●s who at this day hold it, preferred before the Carlingi by the Decree of a public Council; but from the people, represented as it were in an Epitome, Froissard. l. 1. c. 1. & seq●. Ant. de But. Consil. quod positum inter Consil. Paul. de Castra vol. Antiqu. nu 412 in●cip. Viso puncto. Martini. Laudensis in Tract. de Cardin in 2. qu. 35. Phil. De in: quodam consilio, cujus verba f●erunt Andr. Barbar. in D. cons. 1. l. 2. c. 6. Bald. in l. Olim. col. peri. de rescri. in Decretal. Bonifac. 8. de Mai. & obed. by the Council of the Realm, which they call an Assembly of the three Estates, who might lawfully of right both depose those, and by their own authority establish these in the Throne? In the same manner we read Adolphus deprived of the Germane Empire, An. 1296. because corrupted with money, he had made war with France, in favour of the English: and Wenceslaus, An. 1400. although these may be called, not so well evil, as less good Princes. Thus in the Realm of England, Edward the second, for his tyranny to his Subjects, especially the Nobles, whom he destroyed without hearing their cause, was at his Queen's request, adjudged unworthy of his Crown by the Parliament. Not long since, Christian in Denmark, Ericus in Sweden, Queen Mary very lately in Scotland, were deprived: which Histories worthy credit testfie, hath been frequently done in the Kingdom of Poland, Hungary, Spine, Portugal, Bohemia, and the rest. But what concerning the Pope himself? The Cardinals, they say, because they have chosen him, or if they do not their duty, the Patriarches, who are Primates next after the Cardinals, may against his will, for certain causes call a Council, and in it judge the Pope, if he shall scandalise the Church by his notorious offences; if he be incorrigible, if reformation be necessary as well in the head as members; if contrary to his Oath he will not assemble a Council, and the like; and de facto, we read that many Popes have been deposed by authority of a Council. But if (saith Baldus) they be pertinaciously abused; at first they must use words, secondly, herbs, that is, medicines; lastly, stones; and where the truth of virtue sufficeth not, there the defence of weapons ought to prevail. But and if by the suffrages almost of all learned men, the Decrees of Counsels, and the Acts themselves done, it be proved, that a Council, as they speak, may lawfully depose the Pope, who yet boasts himself to be the King of Kings, and claims as much to be above the Emperor, as the Sun is above the Moon; yea, also arrogates to himself an authority of deposing Kings and Emperors at his pleasure; who at last can doubt, but that by the public Council of every Realm, not only a tyrant, but a King, pernicious to his Kingdom for his madness or folly, may be deposed or removed? Go to now, in this our politic Ship, the Master gluts himself with wine; most of his assistants either asleep, or drunk with mutual cups sportingly behold an imminent Rock. The Ship in the mean time, either holds not that course which is expedient for the owner, or seems speedily to be wracked; what thinkest thou is here to be done under the Master, by one who is vigilant and solicitous? Shall he pull those by the ears who are asleep, or only jog them by the sides? but in the mean time, lest he should seem to do aught without their command, Plato. l. 8. & 9 de Repub. shall he not afford his help and assistance to the endangered Ship? Truly what madness, or rather impiety will this be? Seeing then (as Plato saith) tyranny is a certain frenzy and drunkenness, the Prince may utterly subvert the Republic, the most of the Nobles may collude, connive, or at least are fast asleep: the people who are Lords of the Republic, by the fraud or negligence of these ministers, which is their fault, are reduced into greatest straits: in the mean time there is one of the Nobles which considers the encroaching tyranny, and detests it from his soul, what thinkest thou is now to be done against him by this man? Shall he only admonish his Colleagues of their duty, who themselves do as much hurt as they may? But, besides, as it is perilous to admonish, and in that state of things it may be deemed a capital crime, shall he do like those, who contemning other helps, casting away their arms, shall cite Laws, and make an Oration concerning justice among thiefs, in the midst of a wood? but this truly, is that which is commoly said, to be madle with reason: L. 3. & l. omne delictum. Sect. ult D. de re milit. What then? shall he grow deaf at the people's groans? shall he be silent at the entrance of thiefs? or shall he finally grow lazy, and put his hands into his bosom? But if the Laws appoint the punishment of a Traitor against one wearing buskins on his legs, who counterfeits sickness for fear of the enemies, with punishment at least shall we decree against him, who either through malice, or slothfulness, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needful to such as are wary by a Mariner's shout; he shall take care lest the Commonwealth receive any detriment, and shall preserve the Kingdom even against the Kings will and resistance, by which he himself becomes a King; and shall cure the King himself as a frantic man, by binding his hands and feet, if he may not otherwise do it. C. nullus in Carthagin. Concil. Doctores Pentificii. For, as we have said, the universal government of the Realm is not committed by the people to the King, as neither the oversight of the whole Church to the Pope, but to every one of the Nobles according to his power. But certainly, because concord proceeds from unity, that there should be no emulation among Peers, a King was instituted, who should hold the supreme place in the administration of the Commonwealth. The King swears that he will seek the safety of the Realm; the Nobles swear every one the same by himself: whether therefore the King or most of the Nobles neglecting their oath, shall either destroy the Commonweal, or desert it being in danger, ought the rest therefore to desert the Republic, or at least be less bound to defend it, as if they were absolved from their oath? But rather then especially they ought to show their fidelity, when as others neglect it, especially since they were principally instituted for that end, like the Ephori; and every thing may then be reputed just, when it attains its end: whether truly if many have promised the same thing, is the obligation of the one dissolved by the perjury of the other? whether if many be guilty of the same fin, are the rest freed by the fraud of one? Whether, if many Co-gardians ill defend their Pupil, shall one good man be less bound with the burden of the wardship through their default? But rather, neither can they avoid the infamy of perjury, unless they endeavour to satisfy their trust as much as in them lieth; neither can those exempt themselves from the danger and judgement of a Gardianship ill administered, L. 3. D. de administ. & perie. tutor. & cur. l. 3. D. desuspect. tut. & curate. unless they implead the other Guardians suspected; when as verily one Guardian may not only implead the rest suspected, and take care of those to be removed, but also remove them. Therefore those who have promised their aid and assistance to all the Realm or Empire; such as Earls of the stable, Marshals, Senators, and the rest; or those who have done it specially to any County or City which may make a part of the Realm; as Dukes, Marquesses, Earls, Majors, and the rest, are bound to aid the whole Commonweal oppressed with tyranny, or that part thereof, which the people have committed to them next after the King. And thesetruly aught to vindicate the whole Commonweal from tyranny, if they be able; those as Guardians assigned throughout Counties, that part of the Realm whose defence they have undertaken: These I say, are bound to restaine a tyrant, those to drive him out of their coasts. Macca●. lib. I. ●. 3. v. 45. Therefore Mattathias as one of the Nobles, the rest partly conniving, partly colluding; when Antiochus tyrannically oppressed the Kingdom of judah, speaks thus to the people ready to take up arms: Let us restore the state of our people; let us fight for our people, and our holy places: whence it plainly appears, that we may not only lawfully fight for Religion, but for our Country; for an hearth I say, no lest justly then for our Altars, and take up arms against such a tyrant as he was: neither are they blamed by any, for recovering the Kingdom, but that they claimed the royal dignity to themselves, justin. l. I. Diodor. l. 2. c. 37. which pertained to the Tribe of judah. Many pertinent examples to this purpose occur in Historians. Arbactus governor of Media, slew Sardanapalus spinning among women, and spending the royal treasure among whores. Vindex Precedent of the French, and Galba of the Spaniards revolted from Nero, together with all France and Spain, the Senate conniving at his tyranny. But especially that Laconic judgement is observable, which verily proceeding from that Senate, aught to pass into a thing adjudged among all Nations. When the Lacedæmonians possessed Byzantium, they made Clearches Captain of the Army, Governor of the City, who taking corn from the Citizens, distributed it to the foreign soldiers; but in the mean time the families of the Citizens perished with famine. An●xilaus therefore, one of the Magistrates of the City, moved with that tyranny, agreed with Alcibiades about the yielding up of his Country to him, and he soon after is received into the City. Anexilaus being accused at Sparta for yielding up of Byzantium, pleaded his cause himself, the Spartans absolved the man; because they said, wars were to be waged with enemies, not with the nature of things; now nothing is more repugnant to nature, then, if those who are bound to defend a City, became more unjust than the enemies. Thus the Lacedæmonians determined justly, to whom scarce any good Kings will not assent; verily those who desire to rule well, care not at all what is determined concerning tyrants, or what the Nobles or people themselves may do by Law. But we must yet proceed further. Every one of the Mariners is bound, if the Ship be endangered through the default or negligence of the Shipmaster, to put to his helping hand: every one of the Nobles is bound, if the Republic perish by the wickedness or carelessness of the Prince and his Colleagues, to help it, being like to fall, and to vindicate the whole Kingdom, or at least that part thereof which is committed to him, from tyranny. But then shall it be lawful for every ordinary slave to do the like? or peradventure shall it be lawful to Herdonius Subinus, Euno Surianus, Spartacus the fencer, or, I say, to any private man to enfranchise servants, to stir up Subjects to arms, finally to combat with the Prince, if tyranny urge them? No verily. The republic is not committed to single or private men, yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils. Therefore they are not bound to defend the Republic, who cannot defend themselves. L. 1. c. de Seditiosis. The sword is not committed to every man neither by God, nor by the people; therefore if they draw the sword without command, they are seditious, although the cause may seem to be just. Finally, private men do not make the Prince, but all. Therefore they ought to expect the command of all, or of those, I say, who represent all in a Realm, Country or City, which may make a part of the Realm, or at least of one of them, before they attempt any thing against the Prince. For as a Pupil cannot bring an action without authority of his Tutor, although the Pupil be truly a Lord, L. l. l. 9 D. de author. & consil▪ tutor. & curate. and the Tutor only is reputed for the Lord, as far forth as appertains to his tutelary providence: So neither may the people do aught, but by the authority of those, on whom they have transferred their authority and power; whether they be ordinary Magistrates, or extraordinarily, created in a public Assembly; whom, I say, they have guirded with the sword for this purpose, to whom they have delivered themselves up to be governed and cared for; Seneca l. 8. de Benefi●. who finally like that Praetor of Rome, who judged between servants and masters, are truly constituted in that place, that if any contention arise between King and Subjects, they may show themselves Judges and Redressors, lest the Subjects themselves should pronounce sentence in their own cause. Therefore if unjust customs or grievous taxes be imposed, if things be done against pacts or fraudulently, and yet not one of the Nobles speaks against or resists it, let them think they must then sit still, and think, that the best Physicians to prevent or take away a disease, do ofttimes prescribe the opening of a vein; the evacuation of humours, yea and scarification. For such is the nature of things, that scarce any mischief can be cured without another; scarce any good may be acquired without diligent labour. They have the example of the people under Solomen, who refused not the grievous tributes imposed on them for the building of the Temple, and fortifying the Kingdom; because they judged those things to be imposed by the public Council, to the glory of God, the beauty and ornament of the Republic. They have likewise the example of Christ our Saviour, who although he were the King of Kings, yet because he then sustained a private person, he paid tribute willingly. If the Nobles and Magistrates themselves favour apparent tyranny, john 34. v. 30. or at least oppose it not, they may remember, that for the sins of the people, God suffers Hypocrites to reign; whom, unless they turn themselves to God with all their heart, cannot be overturned with any engines. Therefore there is no need of feet or hands, but bended knees. Finally, they must suffer evil Princes, wish for better, and think, they must bear that tyranny with a patient mind as they do hail, storms, tempests, and other natural calamities, or change their habitations. David retired into the Mountains, and spared Saul a tyrant, because he was none of the Nobles of the people: Christ, because he was not of this world fled into Egypt, to avoid Herod's tyranny. Paul, because he describes the office of private Christians, not of Magistrates, teacheth that they must obey Nero himself. But if all the Nobles, or most of them, or at least one of them endeavour to restrain apparent tyranny, or the Magistrate to drive it from that part of the Realm which is committed to him, if he be such a one, as under pretext of expelling it, may not introduce another tyranny; then verily assembling together, they may run who shall go fastest to this choice man, they may earnestly assist with their feet and hands, and as if God himself had given a sign from Heaven, of a fight against tyrants, endeavour to free the Kingdom from tyranny. For as God punisheth and chastiseth the people by tyrants, so likewise tyrants by the people: Eccles. 10. and that is a perpetual truth which Syrach saith; that Kingdoms are translated from Nation to Nation, for the iniquities, injuries, and wickedness of Princes; and that every tyranny continues but a short space. Thus the Captains and soldiers carefully executed all the commands of jehojada the High Priest, in revenging the tyranny of Queen Athaliah: Thus all the godly men of Israel went to the Maccabees, partly that they might defend the true worship of God, partly that they might free the Republic against the impious and unjust attempts of Antiochus; yea God favoured their just endeavours, and gave them prosperous success, What then? May not God likewise out of private men themselves raise up some avenger of tyranny? Cannot the very same who raiseth up tyrants out of the people, backed with no title, no pretext, to punish the people, likewise raise up deliverers also out of the lowest of the people? Cannot the same who enthralled the people to jabin and Eglon, deliver the same people by Ehud, Barac, Deborah, and as it were manumit them when they were deserted by the Nobles? What therefore should now hinder, thou wilt say, but that the same God who hath sent Tyrants on us at this time, should likewise extraodinarily send revengers of tyrants? Why, if Ahab rageth againt good men, if jezabel suborn false witnesses against Naboth, shall not there be also a jehu, which may extirpate the family of Ahab, who may avenge the blood of Naboth, who may cast down jezabel to be torn in pieces of Dogs? Verily, what I have answered before, as nothing hath departed from the justice of God at any time, so not from his mercy. But yet since those evident signs, by which God was wont to confirm these extraordinary vocations of those Worthies, are for the most part wanting to us in this age, let the people take heed, lest whiles they seek to pass over Sea with a dry foot, some Impostor being their Captain, they fall not headlong into a gulf, which we read sometimes to have happened to the Jews: lest whiles they seek a revenger of tyranny, they perchance follow one, who, that tyrant being expelled, will translate the tyranny itself unto himself: lest finally whiles they seek to deserve well of the Commonwealth, they militate to the private lust of any; so as that may fall out which hath happened to many Republikes, especially the Italian, whiles that they endeavour to remove the present evil, they bring in a far greater. I shall close up this with three Authorities more; the first, of Mr. john Calvin, who pleads as much for obedience to Tyrants and unjust Magistrates as any man: Instit. lib. 4. c. 20. sect. 31. I always speak of private men: For if there be any popular Magistrates constituted to moderate the lust of Kings (such as heretofore were the Ephori, who were opposed to the Lacedaemonian Kings, or Tribunes of the people against the Roman Senate; or the Demarchi against the Athenian Senate, and which power peradventure, as now things stand, The three Estates in all Kingdoms enjoy, when they assemble) I am so far from inhibiting them to withstand the raging licentiousness of Kings, according to their duty: that if they connive at Kings outrageously encroaching upon, and insulting over the inferior common people, I shall affirm, that their dissimulation wants not nefarious perfidiousness, because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by God's ordinance. The second is, Fuldericus Zuinglius: Explanatio Artic. 42. Quando vero perfide & extra, Regulam Christi (Principes) egerint, possint cum Deo deponi, consensu & suffragiis totius, aut certe potioris partis multitudinis. Quaeris quando id fiet, ut major pars populi bono consentiat? Ad hoc dico quod antea; si non consentiunt ut ma●um tollant, ferant jugum Tyranni, & demum cum eo perceant. Nec querantur sibi fieri inju●iam, cum sua culpa id mereantur ut quidvis pati●●ntur. Quis ergo miretur si populus ob flagitia & scelera Principum paenas luat? Primum, cur non juxta naurae regulam cum proximo agimus? Sic enim omnes frat●es essemus, & Principe nullo esset opus. Deinde, cur non summo studio justitiam sectamur, & exosam habemus injustitiam omnes? Sic enim facile fieret ut unanimi consensu tyrannunt officio moveremus. Nunc cum tam ●epidi sumus in tuenda justitia publica, sinimus ut impune vitia Tyrannorum hodie regnent. Merito ergo ab illis conterimur, & tandem cum illis luimus. Non ergo desunt viae per quas tyranni tollantur, sed deest publica justitia. Cavete vobis, O Tyranni, Evangelium enim jesu Christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant, cui & si vos studueritis, summo honore vos prosequantur, sin furere & vim facere perrexeritis, omnium pedibus concul●abimini. So he The last is the general Union of the States of the united Provinces, to defend their Liberties and Religion, made at Brussels, the tenth of january 1577. thus related by Grimston in his History of the Netherlands l. 10. p. 492. 493. The States seeing themselves engaged in war on all sides against the Spaniards, (who were proclaimed enemies to the Country) fearing some dis-union amongst themselves, by the enticing persuasions of such as sought to dismember them, they resolved, before that Don john should enter into the Country, to make a general union among themselves, as well Prelates, Noblemen, and Towns, as of others of the seventeen Provinces: which was allowed by the Lords of the Council of State, deputed by the King, for the government general of the said Countries; whereof the Original remains in the custody of the States of Brabant. Of which Union, the Tenor followeth. A general Union of the States. WE who have signed these presents; Prelates, Churchmen, Noblemen, Gentlemen, Magistrates of the King, Townes, Castles, and others, making and representing the States of the seventeen Provinces, being presently assembled in this Town of Brussels, and others, being under the obedience of the most high, mighty, and famous Prince, King Philip, our Sovereign Lord and natural Prince; we give all men to understand, both present and to come, That seeing our common Country afflicted by a more than barbarous and tyrannous oppression of Spaniards, we have been forced and moved to unite ourselves together, and with Arms, Counsel, Men, and Money, to assist one another against the said Spaniards, and their adherents; being declared Rebels to his Majesty, and our enemies. And that this union and conjunction hath been since confirmed by the Pacification last made; and all by the authority and consent of the Council of State, committed by his Majesty for the general government of the said Countries: And as the pretended end of this Union requires all fidelity, constancy, and natural assistance for ever; and that we would not by any misprision have cause of jealousy or mistrust, and much less of any bad affection or disposition of any of us; but chose, to have the affairs of the said Union effected with all the sincerity, fidelity, and diligence that may be, so as not any of the subjects and inhabitants of the said Countries and Province may have any just cause to be discontented, or to doubt of us: For these considerations and reasons, and that nothing may be treacherously done, to the prejudice of our common Country, and just defence; or that omitted by negligence, which shall be necessary for our just and lawful defence; We have by virtue of our power and commission respectively, and otherwise for us and our successors, promised and do promise, by the faith of Christians, of honest men and true Countrymen, to keep and entertain inviolably for ever the said Union and Association; so as not any one of us may break or fall from it, by dissimulation, secret intelligence, or in any sort whatsoever. And that for the preservation of our holy, Catholic, and Romish Faith, and the accomplishment of the Pacification, as also for the expulsion of Spaniards and their adherents (with all due obedience to his Majesty) for the good and quiet of our Country, and the maintenance of our Privileges, rights, Freedoms, Statutes, Customs, and ancient uses: For the effecting whereof, we will use all means possible; employing both Money, Men, Counsel, and goods, yea and our lives, if it were necessary, And that none of us may in private give any counsel, advice, or consent, nor have any secret conference with them that are not of this Union, nor yet reveal unto them in any sort what hath or shall be treated of in this Assembly, o● resolved; but shall wholly conform himself according to our general and common resolution. And in case, that any Province, Estate, Country, Town, Castle, or House, were besieged, assaulted, invaded, or oppressed in any sort whatsoever: yea, if any of us, or any others (having endeavoured himself for his Country and the just defence thereof, against the Spaniards, or for other causes depending thereon, as well in general as particular) should be sought after, imprisoned, ransomed, molested, or disquieted in his person, and goods, honour, and estate, or otherwise; we promise to give him assistance by all the said means; yea, and to procure the liberty of them that shall be imprisoned, either by force, or otherways; upon pain to be degraded of their Nobility, Name, Arms, and Honour, and to be held perjured, disloyal, and enemies to our Country, before God and men, and to incur the note of Infamy and cowardice for ever. And for the strengthening of this our holy Union of Association, we have signed these presents the tenth of january, 1577. Underneath were the signatures of the Deputies of every Province, Prelates, Noblemen, and Commissioners for Towns; and underneath them, was written the agreation of the Council of State, as followeth: The Deputies of the general Estates here under-written, having required them of the Council of State, committed by his Majesty for the government of the Netherlands, to consent unto and allow of that which is contained in the Union above written: The Council, in regard of the said request, and the reasons therein contained, have as much as in them lay, allowed, and do allow by these presents, the said Union, according to the form and tenor. Made at Brussels in the Statehouse, in the Assembly of the said States, the tenth of january, 1577. And underneath was written: By the commandment of the Lords of the Council of State: Signed; Berrii. If any shall here object; Object. 1. that Chassanaeus in conque, tud Burg. Rebuffus ad constit. Reg. Tom. 2. & Benefic. ante vac. art. 2. Bodin. de repub. l. 1. c. 10 Kings are of divine institution; whence, Dei gratia, (By the grace of God) is peculiarly annexed to their Titles; and not communicated unto Subjects. Therefore though they prove never so flagitious or tyrannical, they may in no wise be forcibly resisted, or questioned by their Nobles and Parliaments for their crimes. I answer briefly (because I have Part. 3. p. 115. to 123. elsewhere largely dissipated this objection) First, that Kings are no more of divine institution, than any other inferior Magistrates Officers, or Princes what soever; as the Rom. 13. 1, 2, 2, 4, 5, 6. Prov. 8. 15. 16. Scriptures abundantly evidence. But all other inferior Magistrates, Officers, and Princes whatsoever are resistible, questionable, censurable, and deposible for their tyranny, wickedness, and misgovernment by the Parliaments censure, as I Part. 2. p. 44. 45. have proved, notwithstanding their divine institution; therefore such degenerating Kings too, as well as they in such cases. Secondly, all Eph. 4. 11. 1 Cor. 12. 28. c. 4. 1. 2 Cor. 3. 6. c. 11. 23. 2 Tim. 4. 6. Ministers of the Gospel, are as much, (if not far more) jure divino, and by Gods own ordination, as Kings are; a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words, See (f) REX EADEM GRATIA, Episcopo, attest. But they for their offences and misdemeanours contrary to their function, may be both forcibly resisted, censured, deprived, degraded, yea and executed, thnotith standing their divine right and institution; as the Canons of most Counsels, we practise of all ages, yea, the express letter of the 26. Article of the Church of England, with all our Episcopal Canons and Canonists attest: Therefore tyrannical degenerating Kings may be so too, by the selfsame reason, in some cases. Thirdly, this Title of Dei gratia, in Public Writs, anciently hath been, and yet is common to Bishops, Prelates, inferior Magistrates, and Subjects, as well as to Kings; as sundry precedents Ragister. pars 2. f. 3. 23. 60 62 303. 7. 31. 33. 35. 38. 44. 54 55. Pars 1. 286. 302, 303. 305. 306, 307. Pars 3. f. 5. 22. 26. 29 31. 35. 42. 47. Fitz. Nat. Bre. 132. in our Law books, Willielmus Dei GRATIA Eliensis ●pisc. etc. Mattheus Pars. p. 155. Matthew Paris, Proaem. Relect. in leg. Taurin. 36. Object. 2. Salon, with others attest, and Mr. john Selden in his Titles of Honour, part. 1. chap. 7. Sect. 2, p. 123. professedly proves at large, to whom I shall refer you: But these both lawfully may be, and always have been forcibly resisted, questioned, convented, deprived, censured for their tyranny and misdemeanours, notwithstanding this their stile of Dei gratia, or pretence of divine institution: yea, we know that Bishops have been lately thrust out of many Churches, notwithstanding their long pretended Ius Divinum to support their Hierarchy; and john Gerson a Papist, hath writ a particular Treatise De Auferibilitate Papae, notwithstanding the Popes pretended Divine Title to his Monarchy, which may be now, and one day shall be totally abolished. Therefore tyrannical degenerous Kings, may be justly resisted, censured, deprived, as well as they, and royalties changed into other governments, by the peoples and kingdoms common consents, if they see just cause. If any secondly object: See Mr. Seldens Titles of Honour, Part. 1. c. 8. sect. 1. That Kings are anointed at their Coronation; Therefore their persons are sacred, irresistible, unquestionable, unpunishable, for any tyrannical or exorbitant actions whatsoever. I briefly answer: first, that every Christians Baptism, (being a Sacrament of Christ's own institution) at least his spiritual unction and sanctification, (as I have Part. 3. p. 89. to 94. formerly proved) makes a person as sacred, yea more holy, than Kings anointing (being no Sacrament) can, or doth of itself make the person of any King whatsoever. A truth which no Christian can without blasphemy deny. But Baptism, and the inward unction of the spirit of grace and sanctification, exempts no Christians from resistance, censure, punishments of all sorts, in case they commit any exorbitant or capital crimes; as experience tells us: Therefore Kings Coronation anointings cannot do it. Secondly, Part. 3. p. 92. 93. Petrus Cunaeus de Republics. Hebrae. l. 1. c. 14. Pontif. & Ceremoniale Romanum. Priests anciently were and at this day too in the Roman Church, are anointed as well as Kings; and so are children and si●ke persons (that I say not Altars, Bells, etc.) with Chrism and extreme Unction: But these Unctions confer no such immunity to Priests, children, sick men, others, etc. Therefore neither can this anointing do it to Kings, especially now, being no divine institution. Thirdly, The anointing of Kings, is not common to all Christian Kings (many of them especially in former times, having been crowned without any anointing at all) but peculiar to Emperors, and to the Kings of jerusalem, France, England, and Sictly, the four anointed Kings, only, as Ad Tit. de Stat Ho●. l. 1. Albericus, De Imp qu. 18. & 19 Restaurus Castaldus, De Potest. Regia. part. 4. Sect. 16. Antonius Corsetus, Moral. justit. pars 2. ●. 10 c. 5. Azorius, Catalogus Gloriae mundi, p. 5. Consid. 35. Cassanaeus, and See Mr. Seldens Titles of Honour, part. 1. c. 8. Sect. 1. sundry others affirm, out of the old Roman Provincial: though some other Kings have now and then been anointed when they were crowned, as Mr. Selden Proves. Since therefore all King's persons are reputed sacred, as well as these four who are anointed; and these Kings as soon as the Crown descended to them, even before their Unctions and Coronations were deemed as sacred and inviolable as before; it is certain, that their very enoyling of itself makes no addition to their personal immunities from just resistance, public censures, or deprivations for gross unsufferable public crimes. Fourthly, the anointing of Christian Emperors and Kings is not very ancient. Charles the great being the first anointed Emperor it we Titles of Honour, part. 1. c. 8. Sect. 1. believe Mr. Selden. The first anointed King in France, was Pippin about the year 750. the anointing of their See Selden, Ibid. p. 148. 149. Clovis the first, about they year 500 with that holy Vial of never-decaying Oil (reserved at Rheimes to anoint their Kings) which they say a Dove brought down from Heaven to anoint him with, (a ridiculous Monkish, fable, much insisted on by Decreta Eccles. Gal. lib 5. Tit. 2. c. 1. 2, 3, 4, 5, 6. Mr. Selden Ibid. p. 148. 149. Bochellus and other Frenchmen, who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial, at the French Kings Coronations) being not at his Coronation, as many fond mistake, but only at his baptism, as Mr. Selden manifests by pregnant authorities; The anointing of Kings is far more ancient in England then in any other Realm, Ibid p. 149 150, 151, 152. as Mr. Selden notes out of Gildas; yet Egfert is the first of whose anointing there is any intimation in our Histories, about the year 790. To add to the holiness of which ceremony, some of our Tho. Walsingham. in. Initio, H. 4. See Selden. Ibid. p. 153. Monks in latter ages have forged a Legend (as good as that of the holy Vial at Rheimes) that the Virgin Mary gave to Thomas Becket, Archbishop of Canterbury (during his exile under Henry the second) a golden Eagle full of precious Oil, enclosed in a stone vessel, commanding him to preserve it: foretelling him, that the Kings of England anointed with this Oil, should be Champions of the Church, and bountiful, and victorious as long as they had ●his Eagle, & oil. How late the Unction of Kings began in other Realms, you may read at large in Titles of Honour, part. 1 c. 8. Sect. 11. Mr. Selden; and how the later Kings of judah were anointed, and with what unguent or Oil, the curious may read at leisure in De Republ. Hebrae. l. 1. c. 14. Cunaeus. This anointing therefore of Kings being not of divine institution, of such puny date in most Realms, and no ways necessary nor essential to the constitution or Inauguration of any Christian King; can add no immunity, or privilege at all to the persons of Kings, much less exempt them from all forcible resistance, just censures, or deprivation itself, if there be just and real cause to proceed criminally against them in case of incorrigibility, as I have elsewhere more fully demonstrated, and therefore shall no further expatiate in this particular here: only I shall conclude with one notable History which proves it. I read in Rerum Anglicarum, l. 3. c. 6. See Saxo grammaticus Dan. Hist. l. 8. p. 140. Gulielmus Neubrigensis; that for an hundred years' space and more, though there were a numerous succession of Kings in Norway, yet none of them ended his life by old age or sickness, but all of them perished by the sword, leaving the sovereign power of the Realm to their murderers, as to their lawful successors, so as to all those who are known to have reigned there for so long a time, that which is written might seem to have reference; Hast thou slain, and also taken possession? The Nobles of this Land out of a pious endeavour, desirous to heal this infamous mischief, obtaining now the vigour of a Law as it were through long custom, decreed, That the new King should be solemnly anointed with a mystical unction, and crowned, so as no man should dare from thenceforth to lay hands on the Lords anointed: For till that time none in that Nation hath ever been consecrated King after an Ecclesiastical manner, but whosoever had Tyrannically slain a King, put on the person and power of a King thereby, and left the same likewise after a little fortune to his murderer, by a law of inveterate custom, which verily, out of acertaine Christian simplicity, was thought by many to have been therefore so frequently done, because none of the former Kings had deserved to be initiated with the solemnity of a Royal Unction. Therefore Haco being slain who had succeeded King J●ge slain by him, when the succession of the Crown seemed to belong to one Magnus a child, Nephew to J●ge, the Wisemen and Nobles of the Realm by a common Decree, caused the said child to be solemnly consecrated to be the Lords anointed, and crowned with a Diadem. By which deed they thought that they had a Prince made sacred to them, and that the disgrace of the ancient custom was thereby abolished. But when Magnus had reigned some few years in great prowess and happiness, a most infamous Priest Suerus, surnamed Birkebain, usurped a Tyranny, twice defeated Magnus by warlike stratagems, and at last utterly routed and slew him in battle; (notwithstanding his anointing) and usurping the Crown, renounced his holy orders, married a wife, and would have been crowned by the Archbishop of that Land; but he being a great man, would neither be moved with prayers nor threats, to anoint an execrable head with sacred Unction, for which he was banished the Country: at last after two great victories against two competitors who were slain, Suerus obtained the Royal Crown, with mystical Unction, by the hands of a certain Bishop compelled thereunto under pain of death, as it were secure by his frequent successes, from the uncertain end of a long prospering tyranny, etc. By which History it is evident, that it is but a childish simplicity to believe, that the ceremony of anointing Kings can of itself make Kings persons sacro-sanct, or preserve them from violence or assassinations, since it no way prevented this mischief in this Realm, (nor yet in any other) the very first King for whose personal safety this ceremony of anointing and crowning was introduced among the Norwegians and Danes, being not long after slain by his Subjects and competitor in battle. I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperor, notwithstanding his anointing. The sentence of Degradation and Deprivation of the Emperor Wenceslaus King of Romans, pronounced by the Electors of the Empire in the year of our Lord. 1400. IN the name of God Amen: 〈◊〉 Chronico jacobi Congshumi, & Germaniae Historicorum. Tom. 2. p. 180. ●81, 182. We John by the grace of God, Archbishop of the Church of Mentz, Arch-chancellor of the sacred Roman Empire throughout Germany, make known to all men present and to come. What various, manifold, and grievous, as well incommodities as discords, have for many years since been brought into the holy Church continuing even to this present, and daily sprouting up more abundantly to the most grievous convulsion, imminution, and dissipation of the sacred Roman Empire, (which ought to be a Garrison to the Church of God and the Christian world) as they cannot be all written, so the mischiefs daily increasing do manifestly enough teach and confirm. And for this cause the Lords Electors of the sacred Roman Empire, the ardent petitions of the holy Church, Princes, Nobles, Cities, Provinces, and Subjects of the sacred Empire, entreating, desiring a prudent Moderator, have long agone very often and seriously, together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia, both by their own and their friend's labour, and finally by letters; and have diligently set before his eyes, privately and publicly, his unbeseeming and detestable manners and actions in governing, as also the defects, incommodities and discords of the said Church and Christian world, likewise the most grievous avulsions and diminutions of the members of the sacred Empire, hurtfully done, and permitted to be done, against the dignity of his name: to wit, that he hath not promoted peace in the Church, although the great necessity of the Christian world, as likewise his office of Advocate and defender of the Church, earnestly required it, and he hath also been frequently desired, required, and admonished to do it: he notwithstanding perniciously mutilated the Empire, and permitted it to be maimed in some members. In the number whereof are Milan, and the Province of Lombardy, which were of the right of the same Roman Empire, most ample emoluments returning thence to the Empire: in which Dominion the Milliner, like a Minister, enjoyed it as a part of the Roman Empire; when as He, contrary to that which became his sublimity and dignity, receiving money, created a Duke of Milan, and an Earl of Papia. Moreover, he hath alienated divers Cities and Lands belonging to the Empire, as well in Germany as in Italy, some whereof had returned to the same, having little consideration, that he ought to retain them with the sacred Empire. Moreover, he hath sold for money to his friends, very many naked and unwritten Parchments, ratified notwithstanding with the Seal of his Majesty; wherein it was lawful both for them and others into whose hands these Parchments came, to write what things they pleased under the royal Seal. Out of which thing, for the hurtful diminution and dissipation of the rights and emoluments of the sacred Roman Empire, great complaints are risen up. Moreover he never had any care of the controversies and wars, which (alas for grief!) have miserably afflicted and ruined Germany, and other lands of the sacred Empire. Hence spoilings, burnings, and robberies have sprung up, with such lamentable increases even at this day, that none, neither Clarks nor Laics, neither husbandmen nor Merchants, neither men nor women, whether by land or sea, may converse in safety. Temples, Monasteries, and religious houses, which the sacred Empire ought with its hand to assist and defend, are exposed to rapines, and burnings, and reduced to destruction. Things are gone to this pass, that every one might have handled, and may even now handle another at his pleasure, against the reason of right and equity, without any fear of the sacred, and long despised Imperial authority, so as even the place of conventing any one, where the defence and patronage of right may be undertaken in the name of the Empire, is altogether unknown. Finally, which is horrible and dreadful to be spoken, both with his own hand, and the hand of other wicked instruments he hath with him, he hath put to death, drowned in the waters, burned in the fire, miserably and cruelly destroyed, the reverend Bishops of holy things, Priests, and spiritual Pastors, likewise many other men of honest note, against the rule of right, otherwise then became the King of Romans. Which mentioned things verily, and many other grievous wickednesses and damages are so divulged and openly known, that they can be no ways excused or concealed. Therefore we, as we have forewritten, have frequently very earnestly beseeched, admonished, and required him, that renouncing this unbeseeming kind of life, he would take the study and labour to himself, whereby he might recover to the holy Church, ofttimes imploring his aid, as King of Romans, and her Advocate, peace and tranquillity, and to the sacred Empire, its prestine honours, Dominions, and finally its emoluments; to the assistance and consolation of the Christian world, grievously debilitated and oppressed in this regard. Now albeit we have most clearly explicated to the foresaid Lord Wenceslaus, and exhibited to him in writing, these and other more grievous defects, concerning him as King of Romans, and the Empire; yet having heard his answers, and having reiterated our serious exhortations, moreover having communicated the business to the sacred Roman Sea, we have never as yet found him, to have amended his manners as became a King of Romans; namely to recover peace to the Church, principally necessary to the Christian world; also to the sacred Empire, its dignities, lands, and Dominions: a thing which is most notoriously known throughout all the Provinces of the Empire. Therefore because we could no longer neither conceal, nor endure the remembered and many other defects, touching the sacred Church and Empire, with grievous loss and mourning; by reason of the instant petitions of the persons aforesaid, but especially by reason of the Oath wherewith we are obliged to the same, as the next superior members of the sacred Empire; therefore as of bounden duty, we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for, (by whose mad and negligent administration those inconveniences have crept in) to the safeguard and consolation of the Christian world. And verily as He in obeying us, had performed an acceptable thing, so we have sufficiently and seriously called and cited him, so as we have signified to him; that unless he should be present at the place and day appointed, it would come to pass, that both in respect of the petitions exhibited to us, as likewise in respect of our Oath, we should be compelled to take and enter into such counsels, whereby the sacred Empire might be better settled: most clearly attesting it in our letters. For this purpose we appeared at the place and time prescribed, together with our Coelectors sufficiently summoned, also with the other Princes and of the sacred Empire, expecting from day to day, whether the foresaid Lord Wenceslaus would appear, to apply a remedy to the foresaid diseases, and from thenceforth more rightly to consult about the affairs of the sacred Empire. But he neither vouchsafed to appear, nor yet to send any one to us in the name of a Proctor. Wherefore when as by reason of so many pregnant and pernicious defects, we had admonished and reproved him very often in private and in friendly manner, but after that, when we could do no good, before the Princes and Nobles, and Cities of the Empire, in divers Assemblies, not without great and grievous expenses, yet without any fruit; therefore we referred all the forementioned things to the sacred Roman Sea. But when as neither then, he no whit regarded all those things, we could conjecture nothing else from thence, but that he had laid down the care both of the Church and Christian world, but especially of the sacred Empire. Therefore resolving, that this mischief, destructive to the whole Christian Republic, was by no means to be any longer borne and tolerated, with a mind well confirmed, after many and various debates and consultations, both between ourselves, as also with other Princes and Nobles of the sacred Empire, seriously had, for the safety of the Church, the consolation of the Christian world, the honour and profit of the sacred Empire, we have thought meet, that the foresaid Lord Wenceslaus, should at this time be wholly removed from the Roman sacred Empire and all its dignity, as one that is negligent and a destroyer of the Empire, and unworthy of it. Therefore we John, Archbish. in the name of the foresaid Lords Coelectors of the sacred Empire, and our own, moved both with the commemorated, as also with many other notable defects and causes, by this our sentence, which we give and pronounce by this our present writing, DEPRIVE and REMOVE the foresaid Lord Wenceslaus, as an unprofitable, negligent waster, and unworthy Defender of the sacred Empire, from the foresaid Roman Empire, and from all his degree, dignity, and Dominions appertaining to the same: denouncing to all the Princes, Nobles, Knights, Gentlemen, Cities, Provinces and Subjects of the sacred Roman Empire, that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire: requiring and admonishing them under the faith of the Oath, wherewith they are obliged to the sacred Empire, that they do not henceforth, obey, and submit to the said Lord Wenceslaus, as the King of Romans, nor exhibit or suffer to be exhibited to him any right, obedience, tribute, rent, or any other revenue, by what name soever it may be called; but reserve the said duties, for a profitable and idoneous King of Romans, hereafter to be substituted by God's gracious assistance. In assurance and testimony of all which things, We John Archbishop of Mentz, have caused this present Instrument to be made by the subscribed Notaries, in this patent form, and our great Seal to be affixed thereunto. This premised sentence was read and pronounced by us John Archbishop of Mentz, in our name, and the names of the Lords, Coelectors before remembered, under the Castle Lonstein at the Rhine, in the Diocese of Triers, reaching towards Brubachium, out of a public Throne, erected for the use of a Tribunal, the Lords Coelectors sitting there in judgement, in the year of our Lord's Incarnation, 1400. the eight indiction, on Saturday the twentieth day of the month of August, a little before the time of the Nones; in the eleventh year of the Papacy of our most holy Father and Lord in Christ, Lord Boniface the ninth, Pope, by divine providence; in the presence of the most illustrious Princes and Lords, John, son of the most illustrious Prince and Lord Rupert, Duke of Bavaria and Count Palatine of Rhine, Frederick Burgrave of Norimberge, the Noble Philip Lord of Nassau, and Sarbrucke, Emichon of Luringen, John of Zigenhaim, Cunrade Burgrave, our Canon of Mentz, Earls: Bernhard of Westerburg, John of Limpurge, Rinehard of Honowe, Barons: Mr. Nicholas Berwin of the sacred Page, John of Witenburg, and Nicholas Burgman, of the Decrees; Mr. Herman Precedent of Saint Geryon of Colen, Doctors of the Law: likewise the valiant Knight Sigfride of Lindow, our Vice-Commander in Ringaugia; John Bossen of Waldeck, our Buggrave Beckelnheim; and our trusty Henry Rulman, of Dadenberg, Gerard of Emerberg, Lord in Lantscron, Frederick of Sachenheim, Culman of Con●ren, John of Dalburg, Rudolfe of Zei●●ikon, as also many other Lords, Knights, and Gentlemen, spiritual and secular, standing by in great number, called and requested to the things above written. And I Nicholas Berchtoldi Fridberg, Clerke, public Notary of the Diocese of Mentz, by Episcopal and Imperial authority, and sworn Scribe of my foresaid most gracious Lord, Lord John Archbishop of Mentz, because at that time I was personally present when this sentence which we have fore-writ, was given and pronounced, together with the public Notaries and witnesses commemorated, and saw and heard all these things to be done; therefore at the command and request of my foresaid most gracious Lord of Mentz; have reduced this public instrument faithfully put in writing, into public form, and have subsigned and ratified it with my accustomed sign of Notariship, having likewise annexed the great Seal of my foresaid Lord of Mentz, in assurance and testimony of all the premises. The names of the Notaries are, Nicholaus Berchtoldi Fridburgensis. joannes Meier junior Gasterveidensis. Conradus a Leiborn, Clerious, Padebornensis diaecesis. Henricus S●alberg Rotenbergensis. Tilmannus a Honberg. Conradus Coler Zus●ensis, Coloniensis diaecesis. Finally, it is evident; Observ. 10. that the Nobles, Magistrates, Parliament, and representative body of the people, or some part of them in default of the rest, may lawfully take up defensive arms to resist their Princes, endeavouring to abrogate the Law of God, to waste the Church, and extirpate the true Religion settled among them by the Laws, and usher in Idolatry. And, that in such a case as this, neighbour Princes and States lawfully may, yea and aught in point of conscience, to aid the Subjects of other Princes, afflicted for the cause of pure Religion professed by them, or oppressed by open Tyranny. These propositions are largely and professedly debated by junius Brutus in his Vindiciae contra Tyrannos: quaest. 1. 2. &. 4. throughout, in the Treatise entitled De jure Magistratus in Subditos, spent wholly in this Theme. Georgius Obrectus: Disput. jurid. de Principiis Belli. Num. 125. to 199. by Vasquius. Contr. Illustr. 36. n. 30. and elsewhere, by Alhericus Gentilis, and sundry others forecited: I shall only fortify the later part thereof, with the observation of the Interest of Princes. p. 58. & 4. See Grimstons Hist. of the Netherlands l. 12. p. 766. 767 etc. 782. Speed p. 1192: to 1197. 1238. 1237. Duke of Rhoan, who acquaints us; that it is, and hath been of later years the very true interest, honour, and greatness of the Kings and Queens of England, both in point of policy and Religion, to protect and assist with arms all Princes of the Reformed Protestant Religion, in France, Germany, and other parts; as it is the true interest of the Kings of Spain, to protect and relieve all oppressed or grieved Roman Catholics under the Dominion of other Princes: and that their honour, safety, and greatness principally consists in the observation and maintenance of this their interest: and with the words of junius Brutus; who thus states and debates the Question. An jure possint, Vindiciae contr. Tyrannos. qu. 4. p. 207. etc. aut debeant Vicini Principes auxilium ferre aliorum principum subditis, religionts causa afflictis, aut manifesta ty●annide oppressis? In defining this question (saith he) there is more need of conscience, than science, which would be altogether idle, if charity obtained its place in this world. But because as the manners of the times are now, there is nothing more dear or rare among men, than charity itself, we think meet briefly to discuss it. The Tyrants as well of souls as bodies; as well of the Church as Commonwealth or Realm, may be restrained, expelled, and punished by the people. Both these we have already proved by reasons. But, because such is the fraud of Tyrants, or such the simplicity of subjects for the most part; that they are scarce known before that they have spoilt; or these scarce think of their safety, till they have almost perished, and are reduced into those straits, out of which they cannot get out with their own forces, so as they are compelled to implore the aid of other; it is questioned, Whether they defending the cause of Religion or of the Commonwealth, of the Kingdom of Christ, or of their own Kingdom, other Christian Princes may lawfully assist them? And truly many, whiles they have hoped to increase their wealth by aiding the afflicted, have presently judged it to be lawful. For thus the Romans, Alexander the great, and many others, under pretext of suppressing Tyrants, have frequently enlarged their Dominions: and not long since we have seen Henry the second, King of France, to have made war with the Emperor Charles the fifth: and that under pretext of succouring and defending the Princes of the Empire, and of the Protestants too; as also Henry the eighth, King of England, was ready to aid the Protestants in Germany, to make work for Charles the fifth: But if any danger may be feared from thence, or little gain may be expected, then verily they must hear most Princes disputing, whether it be lawful or no? And as those under a pretext of piety, did cover either ambition or gain; so these pretend justice for their slothfulness; when as verily neither did piety exhort them, which seeks only the good of others, nor yet justice ought to dehort these, which looks wholly abroad, and is as it were, cast out of its own doors. Therefore, discharging both these, let us see first in the cause of Religion, what true piety, and what true justice may persuade. First, let it be agreed, that there is but one Church, whose head is Christ, and whose members so cohere and agree among themselves, that none of them; even the smallest can suffer violence or hurt, but the rest are hurt and suffer grief, as the whole Scripture teacheth. Therefore the Church is compared to a body. Now the body is ofttimes affected not only with the hurt of the arm, or leg, but even of the very lest finger, or perisheth with its wound. Therefore in vain may any one boast, that he is cordially affected with the safety of the body, who when he may defend the whole, yet suffers it to be torn and mangled limb after limb. It is compared to a buildings Now, where mines are made against any part of the building, the whole building ofttimes falls down to the ground; and the flame which invades any part thereof endangers gers the whole. Therefore he should be ridiculous, who because he 〈◊〉 in the calla● perchance, should delay to drive the flame from the top of the house. He should be scarce in his wits, who would not prevent mines with countermines, because they are made against this wall, not against that. It is also compared to a Ship: Now the whole Ship is endangered together, the whole perisheth together: Therefore those are equally safe who are in the fore part, as those who are in the puppe; those who are in keel, as safe as those in the shrouds, if the storm rage: whence verily even in the common proverb, those who are conversant in the same danger, are said to be in the same Ship: These things laid down, verily he who is not moved with its grief, burning, to ssing, is not of that body, is not accounted of the family of Christ, hath no place in the Ark. Yet he who is but a little moved, ought no more to doubt, whether he ought to aid the afflicted members of the Church, then whether he may help himself, since in the Church all are one; but rather every one is bound in his place to afford his help and assistance to them; and so much the more help, by how much the more riches he hath received from God, not so much to be possessed, as expended. This Church as it is but one, so likewise it is universally and entirely committed, commended to all Christian Princes severally: For because it had been dangerous to commit the whole Church to any one; and to commit the several parts thereof to particular persons, had been clearly contrary to its unity; God hath committed all of it to every of them, and its particular parts to any of them: Nor yet so, as that they should only defend it; but also, that they should have a care to propagate it, as much as they are able. Therefore if the Prince of the Country, takes care of one part thereof, perchance the Germane or English; but yet deserts and neglects the other oppressed part, if he be able to relieve it; he is judged to have deserted the Church, since the spouse of Christ verily is but one, which he ought to defend and protect with all his might, lest it should be violated or corrupted any where. The instauration of this universal Church as private men are bound to promote with bended knees, so Magistrates, I say, are obliged to do it with their feet, hands, and all their strength. Neither is the Ephesian Church one, the Colossian avother, and the rest; but all these particular Churches are parts of the universal; now the universal is the Kingdom of Christ, which all private men ought to desire; but Kings, Princes, Magistrates, are bound to amplify, dilate, defend, and propagate every where, and against all whomsoever. Therefore among the Jews there was one only Temple built by Solomon, which represented the unity of the Church. Now he should be a ridiculous Churchwarden, and to be punished, who should take care only to preserve one part safe and sound, but suffer the rest to fall to decay; likewise all Christian Kings when they are inaugurated, receive a sword, of purpose to defend the Catholic or universal Church; which taking into their hand, they point out all the quarters of the world, and brandish it towards the East, West, South and North, lest any part thereof should be thought excepted. Since than they receive the protection of the Church in this manner, without doubt they understand the true, not false Church. Therefore they ought to do their endeavour to defend, 2 Chron. c. 31. and to restore entirely, that Church, which they profess to be true and pure. Now that thus it was observed by pious Princes, examples may teach us. In the time of Hezekiah King of judah, the Kingdom of Israel was long before enthralled to the King of Assyria, to wit, from the time of King Hoshea: therefore if that Church of God only which is in the Kingdom of judah, and not also the universal, had been committed to Hezekiah; and if the bounds of the Realms had been to be kept in defending the Church, in the same manner as they are in imposing tribute; without doubt Hezekiah, especially at that season wherein the Assyrians enjoyed the Empire of the world, would have contained himself: But we see that he invited by posts all Israel, the subjects, I say, of the King of Assyria, to celebrate the passover in jerusalem; and moreover that the godly in Israel helped them in pulling down the high places, even in the territories of Ephraim, Manasses, and the rest. So likewise we read that King josiah, a most godly Prince, purged not only his own Kingdom, but the Realm of Israel likewise, then wholly subject to the King of Assyria, from the worship of Idols. 2 King 2▪ 2. 2. Chron. 3. 4. 6▪ 7. & 35. Verily where the glory of God, where the Kingdom of Christ are in question, no limits, no bounds, no rails ought to exclude or keep off the zeal of pious Princes. But if peradventure some greater fear hangs over their heads, they may remember by the example of these, that those who truly fear the Lord, can fear no man. These examples of pious Princes, since the time that the Church, which was first circumscribed in Palestina, hath been spread over all the world, many Christian Princes have followed: Constantine and Licinius were both Emperors, he of the East, this of the West: they were likewise colleagues endued with equal power: Now it is known, what is commonly spoken; That one equal hath no Empire over another equal: Yet notwithstanding Constantine made war with Licinius: who being vexed, slew the Christians, and among them many of the Nobles, either for the cause, or for the pretext of Religion; by force obtains free profession of Religion for the Christians; and finally breaking his faith, and reverting to his pristine cruelty, he commanded him to be put to death at Thessalonica. This I say did Constantine the great, whose piety is so much celebrated by the Divines of that age, that some of them will have that spoken of him, written in the Prophet Esay; That Kings should become nursing fathers and Pastors of the Church. He being dead, the Roman Empire was divided between both his sons by equal right, no prerogative being annexed to either of them. Of them, Constans fostered the Orthodox, Constantius the elder, the Arrians; and he verily expelled Athanasius the enemy of the Arrians, out of Alexandria. Truly, if any rules of bounds ought to have been kept, it ought to have been between brethren: Yet in the mean time Constans threatened his brother, if he restored not Athanasius; being ready to do it by force, unless Constantius had speedily restored him entirely; Now if so be he doubted not to do this, only for the restoring of one Bishop, might he not much more justly do it, where some part of the people is oppressed, when they implore assistance, when they desire to defend their Religion by the Nobles approbation? So likewise Theodosius, by the persuasion of Bishop Atticus undertook a war against Chosroes King of Persia, Sozom. l. 7. e. 18 that he might relieve the Christians persecuted for Religion sake, although they were truly private men, which surely those most just Princes, who enacted so many Laws, and who had so great a care of Law, had never done, if they had imagined, that by this their Act others territories and the Laws of Nations had been violated. Yea, to what end were so many expeditions of Christian Princes into Syria against the Saracens; to what end were those Saladinian Dimes so oft imposed; to what end so many social wars against the Turks, so many Crossadoes indicted against them, if it be not lawful for any Christian Princes, even the most remote, to free the Church from Tyranny, and Christian captives from the yoke of bondage? Now with what arguments were they impelled to the war, with what reasons were they urged? unless these, that the Church was one? that Christ called all whatsoever from all quarters to this service? that common dangers were to be repulsed with common arms? all which likewise do plainly suit with this our cause. Now and if this were lawful for them against Mahomet; yea, not only lawful, but likewise as a reward was appointed to the industrious, so a punishment both to the slothful, and delayers; why not also against the enemy of Christ? If I say, against the Grecians besieging our Troy; why not also against Sinon the incendiary? Finally, if it be a pious act to free Christians from bodily servitude, (for the Turks compel no man to it) is it not much more so, to manumit the souls of miserable men, and to restore them to liberty? And verily these so many examples of pious Princes may be instead of a Law. But now hear what God himself by the mouth of his Prophets doth every where threaten against those, who promote not the instauration of the Church, or neglect its affliction. The Gadites, Reubenites, and half Tribe of Manasses, desire of Moses that their portion might be given to them and their families on this side jordan: Numb. 32. Josh. 4. 7 12. Deut. 3. 20. and Moses truly gave it them; but with this Law and condition; that they should not only help their brethren, the other Israelites, in conquering the Land of Canaan, but, because they had first obtained their portion, that they should go before them, and be placed in the forefront of them: Which if they should not do, he accurseth them, smites them with anathema, and compares them to those who had been judged Rebels at Cadesbernea: For what? saith he, shall your brethren go to war, and you in the mean time sit still here? But rather you shall pass over jordan, neither shall you return again hither to your houses before that God hath expelled his enemies from before his face, and given rest to your brethren, as he hath given unto you: Then verily you shall be innocent before the Lord of Israel; verily those on whom the great and good God hath bestowed so great a benefit, unless they assisted their Brethren, unless they were companions of their labours, unless they went before them, should without doubt receive most grievous punishments. Likewise, when under the conduct of Deborah, those of Nephthali and Zebulon had taken up arms against the Tyrant jabin, Judg. 5. and in the mean time the Tribe of Reuben, which ought to be first in Arms, delighted themselves with the Pipes among the Pastures of the flocks, Dan boasted of the Empire of the Sea, Asher finally trusted in the asperity of Mountains, all of them are most expressly condemned by the Spirit of God, speaking by the Prophetess; Curse ye Meroz, saith the Angel of the Lord, curse ye bitterly the Inhabitants thereof, because they came not to the help of the Lord against the mighty. 2 Sam. 11. 11. But blessed above women shall jael the Wife of Heber the Kenite be, who (although she might have pleaded a truce with the heathens) yet notwithstanding she slew Sisera, the Captain of the enemy's Host. Therefore piously spoke Vriah, The Ark, and Israel, and judah abide in tents, and oft times pass the night without sleep in the open fields; shall I then feast with my Wife, eat, drink, and follow my pleasures? As the Lord liveth, I will never do this. Amos 8. Contrarily the Princes of Israel did impiously, who trusting in the difficulty of the mountains of Samaria, and in the munition of Zion, flowed with luxury, feasted, drank, slept on beds of Ivory, anointed their heads; but in the mean time wonderfully despised contrite, cruciated, afflicted joseph, neither were any way moved with his affliction. Therefore saith the Lord of Hosts, I abhor the excellency of jacob, and hate his palaces; I have sworn by my soul that I will deliver up the City; and all that is therein, yea, these who so greatly rioted shall soon go with the first into captivity. Impiously also did the Ephramites, who did not only not gratulate Gideon and jephtha, Judg. 8. & 12. attaining the victory and triumphing, but likewise envied them, though yet they deserted them when they were in danger. Likewise the Israelites, who when David reigned, cried out; saying: 2 Sam. 5. Behold we are thy flesh and thy bones; when he was reduced into straits, said: We have no part in David, nor in the Son of jesse. Impiously do all those Christians only in name, who will communicate in the sacred feasts of the Church, and yet will not so much as taste the cup of bitterness with their Brethren, who seek salvation in the Church, and yet take no care for the salvation and safety of the Church and of its Members. Finally, they acknowledge one Father, God; one Family, the Church; profess themselves to be one body in Christ; yet neither yield any aid to Christ afflicted in his Members, or bestow their wealth on him being poor. What think we shall be the future punishment of their impiety? Numb. 31. Moses compares the deserters of their Brethren, to the Rebels at Kadesbarnea: now none of those by Gods own decree, entered into Canaan. Therefore they can seek no place for themselves in the celestial Canaan, who assist not Christ most miserably crucified, and dying a thousand times every day, and implores as it were their help from door to door. Christ himself condemns those to eternal fire, who harboured him not when he was a stranger, who fostered him notwhen he was a cold, who clothed him not when he was naked, who relieved him not when he was poor, who freed him not when he was captive. Matth. 25. Therefore they ought to know, that eternal fire is prepared for them, who pass him by with a deaf ear daily, suffering such things, although in the mean time they may seem to work great miracles; and therefore verily it shall be easier for certain insidels, than for them; For what do the Jews, the Scribes and Pharisees properly crucify Christ? Do the Ethnics, Turks, finally some Christians, persecute, crucify, vex Christ in his Members? The Jews profess and believe him an Imposter; the Ethnics a malefactor; the Turks an Infidel; others an Heretic. Therefore if they consider the mind of them all, from whom we commonly measure the crime, they all seem to persecute noxious, impious men deserving punishment, not properly to slay Christ; But they only do truly persecute, truly slay him, who willingly suffer him whom they profess their Messiah, Redeemer, God, to be tortured and crucified in his Members, when they might hinder it. In sum; he who delivers him not from death, when he may, is equally guilty with him that slays him: For because he would not help him, he willed he should be slain; Now in a crime the will itself ought to be regarded. August. in Psal. 82. A●br. l. 1. de Offic. Gratian. in Decret. But certainly, the murder, especially of Christian Princes, who help not those who are persecuted for Religion, is so much the more grievous, by how much the more they slay, whom they might set free, and by how much it is more wicked to slay a brother, than any other person. A wickedness more horrid than that of the Tyrants themselves; by how much it is worse to slay a good, just, pious, innocent man, than a Thief, imposter, sorcerer, Heretic; more flagitious to assault God, than any man: and finally, by how much perfidiousness in an equal fact exceeds ignorance. But whether shall it be lawful to determine the same of those, who give no assistance to those who are oppressed with Tyranny, or defend the Republic against Tyranny? since a reason cannot be given of so straight an alliance, of so strict a Covenant; when as, I say, we do not here discourse of the Church, which is but one of all men; which being one and universal, is committed to every one; But of the Republic, which may be different from that of others; and being different, is committed severally to others? A Neighbour, saith Christ, is not a Jew to a Jew only, but to a Samaritan, and to any man. Now we ought to love our Neighbours as ourselves. Therefore a Jew, if he would discharge his duty, is bound to deliver from a thief, if he be able, not a Jew only, but likewise every stranger, yea likewise one unknown. Neither will any one dispute, whether it be just to defend himself; seeing verily it is more just to defend another than himself in this respect, wherein things are more just, which mere charity doth, than those which either anger, or revenge, or other perturbation of the mind do: and no man holds a mean in revenging his own injuries; but in other men's, although more grievous, even the most immoderate may hold a mean. But we may learn from the heathens themselves, what humane society, Gicero l. 1 & 3●. Offic. and what the common nature of all men require of us in this thing. For Cicero saith, there is one nature of all men; that even nature itself prescribes this, that a man ought to take care of a man, who ever he be, even for this very cause, that he is a man. If otherwise, all humane consociation must necessarily be dissolved. Therefore, as there are two foundations of justice: first, that no hurt be done to any; next, that the profit of all, if it may be done, be advanced: So also there are two kinds of injustice; one of those who offer injury; the other of those who propulse not wrong from those to whom it is offered, if they be able. For he who doth unjustly against any one, incited either by anger, or other perturbation, he seems as it were to offer violent hands to his companion; but he who doth not defend, or resist an injury if he can, is as much in fault, as if he deserted either his Parents, or Friends, or Country. So that what the one doth, anger is judged to do, which is reputed a short fury; what the other, an evil mind truly, which is a perpetual tyranny. And however his fury may be excused, the others destinated counsel can by no means be excused. Thou wilt say, I fear that while I repulse an injury from him, I should do an injury to the other. Yea verily, thou wilt cover thine injustice with a pretext of Justice; Whereas if thou consultest with thyself, not justice moves thee to desert thy duty, but rather some other cause. For, as he saith in another place, either thou wilt not undertake enmities, or labour, or cost; or else thou art so hindered with negligence, slothfulness, idleness, or with thy studies, or certain employments, that thou sufferest those to be deserted, whom thou oughtest to protect. But while thou sayest, thou dost thine own business, lest thou mightest seem to do wrong to any, thou runnest into another kind of injustice. For thou desertest the society of life, because thou bestowest on it nothing of thy study, nothing of thy pains, nothing of thy goods. These things Ethnics, Philosophers, and Politicians hold, truly more piously than many Christians in this age. Diodor. Sic. l. 2. c. 2. Hence a neighbour is bound by the Laws of the Romans, to take away a servant from a cruel Master. But among the Egyptians, he who had casually found a man to be beaten by Thiefs, or to suffer any injury, and had not rescued him, if he could, was guilty of death: if not, he was bound to accuse the Thiefs before the Magistrate: Which if he had neglected, he was beaten with a certain number of stripes, and punished with a three days fast. Now if this verily be lawful in one neighbour towards another, yea, lieth upon him out of duty to assist every one he meets against a Thief; shall it not be much more lawful to a good Prince, not only to aid and patronise servants against a raging Master, or children against a furious Father; but a Kingdom against a Tyrant, a Republic against the private lust of one man; a people, a Lord, I say, against a public servant and agent? Yea, verily, if he shall neglect it, shall not he merit the name and punishments of a Tyrant, Thu●yd. l. 2. as the other of a thief? Hence Thucydides saith, Not only those are tyrants who reduce others into servitude, but much rather those who when they may repulse that violence, take no care to do it: but especially those who will be called the defenders of Greece and the Common Country, but yet help not their oppressed Country: and rightly; for a Tyrant is in a sort compelled to retain violently the Tyranny which he hath violently invaded; because, as Tiberius said, he seemeth to hold a Wolf by the ears, which he cannot retain without force, nor yet let go without danger. Therefore that he may extinguish one crime with another, he commits many wickednesses, and is compelled to injure others, lest he should be injurious to himself. But that Prince who idly beholds the wickednesses of a tyrant, and the ruin of the blood of innocents' which he may hinder, because he doth as it were take pleasure in the gladiatory sport, is by so much more criminous than the Tyrant, as he who sets sword-players to fight, is guiltier than the manslaying Gladiator; as much as he who slays a man for pleasure sake, is more criminous than he who doth it by constraint, or out of fear or necessity. Object. If some oppose; But it is a fault for any to intermeddle with, or thrust himself into another's business: Answ. Terentian Chremes may answer; I am a man, I think no humane thing strange unto me. If others (that they may seek lurking holes for their impiety) object; that there are distinct limits, distinct jurisdictions; Pompon de reglur. leg. 36. now it is not lawful to thrust a sickle into another's Corn: Neither truly do I advise, that by this pretence thou shouldest invade another's territories, usurp another's jurisdiction to thyself, draw thy neighbour's corn into thine own floor, which most do under this pretext. I do not say, that by the example of that arbitrator, of whom Cicero, Cic. 2. Offic. thou thyself shouldest judge the thing controverted to thyself; but rather that thou shouldest restrain a Prince invading the Kingdom of Christ, contain a tyrant within his limits, stretch out an helping hand to an afflicted people, and a prostrated Commonweal; But thou must do it in such sort, that thou mayest not look after thine own profit, but the good of humane society altogether. For since Justice wholly looks abroad, injustice only regards itself, thou shalt at last do this justly, if thou shalt have no regard of thine own profits. Briefly, if a Prince violently passeth over the fixed limits of piety and justice, a neighbour may piously and justly leap over his limits, not that he should invade another's, but that he should bid him be content with his own: yea, he shall be impious and unjust, if he neglect it. If a Prince exercise tyranny over the people, he may no less, or less slackly assist them, than him, if the people should move sedition: yea, he ought to do it the more readily, by how much it is more miserable, that many suffer, than one. If Porsena reduce Tarquin the proud to Rome, much more justly may Constantine, sent for by the people and Senate of Rome, expel Maxentius the Tyrant out of the City. Finally, if a man may become a Wolf to a man, nothing truly forbids, but that a man may be a God to a man, as it is in the Proverb. Therefore antiquity hath enroled Hercules among the number of the gods, because he punished and tamed Procrustes, Busyris, and other Tyrants, (the pests of mankind, and monsters of the world) in every place. Ci●. lib. 2. Offic. So also the Roman Empire, as long as it stood free, was often called, The Patrociny against the Robberies of Tyrants, because the Senate was the haven and refuge of Kings, People, Nations. So Constantine sent for by the Romans against Maxentius the Tyrant, had God the Captain of his Army, whose expedition the Universal Church exalted with powerful praises; when yet Maxentius had the same authority in the West, as Constantine in the East. Likewise Charles the Great, undertook a War against the lombards, being called by the Nobles of Italy to their aid, when as yet the Kingdom of the Lombard's was long before established, and he could claim no right to himself over them. Likewise, when Charles the Bald King of France, had by Tyranny taken away the Precedent of that Country, joan. Avent. in Anal. Boyor●n. which lieth between Seine and Liger, Duke Lambert, and jamesius, and the other Nobles of France had fled to Lewis King of Germany, Charles his Brother by another mother, to crave aid against Charles and his mother judith, a most wicked Woman: He in a most ample Assembly of the German Princes, heard these suppliants, by whose unanimous Counsel, a war was publicly decreed against Charles, for to restore the exiles. Finally, as there have been some Tyrants in every place, so likewise among all Historians there are every where examples extant, of tyranny revenged, and people defended by neighbour Princes; which the Princes now at this day ought to imitate, in curbing the tyrants both of bodies and Souls of the Republic, and of the Church of Christ, unless they themselves will be named Tyrants, by a most deserved right. And (that we may at last conclude this Treatise in one word) piety commands the Law of God to be observed, and the Church to be defended justice, that Tyrants and the subverters of Law and the Republic should be kerbed; charity, that the oppressed should be relieved, and have a helping hand extended. But those who take away these things, take away piety, justice, charity from among men, and desire them to be altogether extinguished. So he: If this than be an irrefragable verity, that foreign States and Princes are so far obliged to assist and relieve those of the same Religion, and all others whose liberties, rights, privileges, are forcibly invaded See Speed & 〈◊〉 History of Queen Eliz. Metarenus and Grimstons Histories of the Netherlands. The Noble Acts of Prince Maurice of ●assau, and the Bills of Subsidies in Qu. Eliz. King james, & King Charles his reign. (which our Parliament and State by their assistance, of the Netherlands and other Protestant States, both in Quaene Elizabeth's, King james, and King Charles his reign, approved and justified both by words, Acts of Parliament, and real performances) then certainly those of the selfsame Church, Nation, Kingdom, and fellow Subjects, under the selfsame Prince, between whom there is a far nearer relation, much stricter obligation, and more strong engagements, ought mutually to aid and assist each other to the uttermost of their abilities, when their Religion, Laws, Liberties, be violently invaded, their dearest native Country wasted, sacked, plundered, burned, ruined, in a hostile warlike manner, with open force of Arms, either by the King himself, or a prevailing Malignant Popish faction, who have surreptitiously possessed themselves both of his person and affections which they have gotten into their own overruling power. How much then it now concerns every real Protestant within this Realm of England, and all other his Majesty's Dominions to unite all their common forces together, unannimously to protect, defend, maintain, and propagate our established reformed Religion, fundamental Laws, Liberties, the very Privileges of Parliaments, their estates, liberties, lives, the peace, welfare, and common good of their dearest native Country, and our three united Realms against all Popish Malignant forces now in arms to invade, eclipse, impair, subvert, sack, ruin them; and how monstrously, unnaturally, unchristianly, and detestably impious, treacherous, perfidious, all those English, Irish, and Scottish Protestants proclaim themselves to the present and future age, who now traitorously join their forces with the Malignant Popish party, or prove uncordiall, false, treacherous, and perfidious to their Religion, Liberties, Country, and the Parliament (who have not only waged, employed, but confided in them) and contribute their uttermost endeavours to betray, enslave, undermine, and to sack, burn, and totally overturn them (as many we find have done to their eternal infamy) I here refer to every man's judgement and conscience seriously to determine. Certainly such unnatural monsters, such traitorous Judasses', such execrable infamous Apostates as these, can expect no other real remuneration of this their treachery and perfidiousness, but the ruin of their credits, the detestation of their persons, memories; the confiscation of their estates, the extirpation of their families, the execrations of all good men, the severest judgements of God, and utter confusion with horrors of conscience tormenting them constantly day and night, whiles they continue languishing under all these miseries here, and the sharpest torments, the very largest punishments, the hottest flames in hell for ever hereafter: and those Antichristian Papists who now are and have been so faithful, active, zealous, courageous, industrious, liberal, bountiful, if not prodigal to prosecute their own interests, designs, to maintain and propagate their false, erroneous, detestable Religion, superstitions, idolatries, both in England and Ireland with the effusion of their blood, expense, and forfeiture of all their estates, and never yet deserted, or became treacherous to their false execrable cause or Religion in the least degree, shall all jointly rise up in judgement against them, both here and hereafter, to their sempiternal infamy, reproach, and most just condemnation. O consider this all ye who now so much forget, neglect, betray both your God, your Christ, Religion, Laws, Liberties, Country, Parliament, yea your very selves, your souls, bodies, estates, posterities; Consider with yourselves the bitter curse denounced by God himself against Meroz, judg. 5. 23. Consider the fatal, dismal end of treacherous judas, Matth. 27. 3. 4, 5. Acts 1. 18. 19, 20. Consider that dreadful speech of our Saviour Christ, Mark 8. 35. 36, 37, 38. Whosoever will save his life shall lose it, but whosoever shall lose his life for my sake and the Gospels shall save it. For what shall it profit a man if he shall gain the whole world and lose his own soul? or what shall a man give in exchange for his soul? Whosoever therefore shall be ashamed of me and of my word, in this adulterous and sinful generation; of him also shall the son of man be ashamed when he cometh in the glory of his Father, with the holy Angels. * 2 Tim. 2. 12. If we suffer with him, we shall also reign with him; if we deny him, he will also deny us: If we be but fearful in the cause of Christ, we shall be sure to have our part in the lake that burneth with fire and brimstone, Rev. 21. 8. O what then will be our portion, if we be unzealous, negligent, perfidious, to it, or professed enemies (especially in open arms) against it, when it cries out to us for our necessary assistance every where? If jesus Christ will render tribulation to them which do but trouble his people; yea, and shall be very shortly revealed from Heaven, with his mighty Angels, in flaming fire, taking vengeance on all them that (only) know not God, and that obey not the Gospel of jesus Christ, who shall be punished with everlasting destruction from the presence of the Lord, and from the glory of his power, 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners, Rebels, and Traitors appear, who now every where murder, plunder, persecute, extirpare God's dearest Saints; and not only refuse to own, but even desert, betray the cause of God and their Country? who refuse not only cordially to maintain the very truth of God, the Gospel of Christ, which themselves in show not only pretend to know, but profess; but also join with Papists, and Malignants openly to fight against, and totally to suppress it? Certainly if judgement shall begin at the house of God itself, as now it doth, and if the righteous who defend the cause of God and the Kingdom shall scarcely be saved, what these men's dreadful end, and judgement at last shall be, transcends my thoughts to conceive, my expressions to relate; all I can say is this, it will be so superlatively miserable and grievous, that an eternity of incomprehensible torments will only be able to demonstrate the infinity and execrableness of their sin. O then let all of all sorts consider seriously of this, and all the premises, and the Lord give them understanding and grace to keep a good conscience, and discharge their several trusts and bounden duties faithfully, cheerfully to their God, Religion, King, Country, and the Parliament in all things, that so they may enjoy the honour, comfort, benefit, of all their faithful endeavours to defend, promote, propagate our Religion, Laws, liberties, and the public welfare here; and the Crown, the full guerdon of them hereafter; and poor bleeding, dying England and Ireland may now at last attain that speedy, holy, lasting, honourable, blessed peace and unity, which all good men cordially pray for and endeavour; which doubtless had been easily effected long ere this, had we all been faithful, true, real to the public cause of God and our Country in our several places, and not faithlessely betrayed, but sincerely discharged the several trusts reposed in us to the uttermost of our powers: the readiest means to re-establish and perpetuate our pristine tranquillity: which I humbly beseech the God and Prince of peace effectually to accomplish in his own due season, before our whole three Realms become a desolate Wilderness, an Accheldama, a Golgatha, as many places of them are already, and more like to be, if the extraordinary mercy of our ever-gracious God, prevent not the mischievous long plotted conspiracies, malice, rage, treachery, of unnatural, and deceitful men. FINIS. This Oath should have come in the Appendix, page 73. line. 17. The Oath of CHARLES, King of Navarre at his Coronation, An. 1390. recorded in the general History of Spain, l. 17. p. 625. 626. WED. CHARLES' by the grace of God, King of Navarre, etc. do swear unto our people of Navarre upon the holy Evangelists touched by us, and to the Prelates and rich men of the Cities and good Towns, and to all the people of Navarre, for all your Rights, Laws, Customs, Freedoms, Liberties, and Privileges, that every one of them as they are, shall be maintained and kept to you and your successors, all the time of Our life without corrupting them; bettering, and not impairing them, in all, or in part: and that the violence and force which hath been done to your Predecessors, whom God pardon, and to you by Us, or Our Officers, We shall hereafter command it to cease, and satisfaction to be made according unto right as they shall be made manifest by good men of credit. After which the Deputies of the State swore, in their own names, and for all the Realm; faithfully to guard and defend the King's person, and their Country; and to aid him, to keep, defend, and maintain the Laws and Customs, with all their power. Errata, and Omissions in some Copies. Part. 4. p. 1. l. 26. it, is, p. 9 l. 39 c. 33. p. 27. l. 13. private, public, p. 28. l. 7 other 31. pugnae. Appendix p. 2. l. 3 parallel, p. 4. l. 14. them, the people, l. 34 & p. 5. l. 29. Maximus, p. 8. l. 1. Polieuctus, p. 39 l. 26. deal, in the, p. 41. l. 41. other, p. 44. l. 40 retired, p. 50. l. 44. the hand, p. 54. l. 1. Cara, Lara, p. 55. l. 41. Pacensis, p. 59 l. 27 deal the, p. 66. l. 34. years, p. 79. l 12 deal 〈◊〉, l. 3. Mariana, p. 129. l. 2. add 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest son King in his stead, l. 18. confirmed, p. 145. l. 2. not from it to, p. 147. l. 20. in some sense in private cases, p. 150. l. 23. pem, patu, p. 153. l. 14. Cavarvius, p. 162. l. 7. received, renewed, p. 162. l. 28. Hotomani Francogal. 38. Vindiciae, p. 163. ●. 2. revocable, l. 3. Historical, l. 19 Cuiacius, l. 23. usufructuary, l. 35 deal the, p. 166. l. 14. to, do, l. 19 deal to, l. 21. foundations, p. 167. l. 7. is an, p. 169. l. 26. Caracalla, p. 170. l. 41. 2. secun. qu. p. 171. l. 22. in Law, p. 172. l. 27. fealty to, p. 173. l. 8. adjuvante, l. 15. rapacitates, p. 174 l. 4. if, it. p. 177. l. 15. preserve, l. 32. and. l. 35. goods, p. 186. l. 15. 16. forcibly resist, p. 187. l. 2. so, to, p. 190. l. 31. 206. p. 193. l. 1. converseth, p. 196. l. 33. less. In the Marg●. p. 42. l. 2. Daubeny, p. 60. l. 4. Leges, l. 9 Aimoin. l. 12. jure, p. 85. l. 2. 850. p. 152. l. 1. Annals, Gil. p. 168. l. 19 Rex. part 1. p. 12. l 15. third. read, second, p. 29. l. 44. through, p. 45. l. 24. l. 3. p. 48. l. 15. Britanniae, l. 26. privatave, p. 56. l. 16. reputing them, p. 75. l. 25▪ responsum, p. 93. l. 38. Duardus, p. 100 l. 33. Raynerius l. 3. 8 Albericus. Part 2. p. 59 l. 3. perfidum. Part 3. p. 143. l. 25. natural, national. Gen. hist. of Spain, l, 8. p. 256. Buch. l▪ 5. p. 146. 147. 156. 160. 171▪ Graft▪ part. 7 p. 94. 125. 2 Kin. 9 27, 28. 2 Chron. 22. c. 24. 24. 26. c. 25 27. 28. 2 Chron. 33. 22, to 28. 2 Sam 23. 3 P s. 67. 4. Pro. 31 9 Isay. 32. 1. 2. Chron 9 8. Sp●●●ulum Saxonicum.