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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91298	The third part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments present necessary defensive warre against the Kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. Together with a satisfactory answer to all objections, from law, Scripture, fathers, reason, hitherto alledged by Dr. Ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / By William Prynne, utter-barrester, of Lincolnes Inne. It is this eighth day of May, 1643. ordered ... that this booke, ... be printed by Michael Sparke, senior. John White.; Soveraigne power of parliaments and kingdomes. Part 3	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Commons.	1643 (1643)	Wing P4103; Thomason E248_3; ESTC R203191	213,081	158

to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not meant of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull 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 Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop or Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needs erre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transcends my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceive they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaves 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are sent by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meerin consequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressours who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meet non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants 〈◊〉 subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill Masters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free borne subiects as all men know the one being under the arbitrary rule and government of their Master the other onely under the just setled legall Government of their Princes according to the Lawes of the Realme Secondly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction heen is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6. which bids us Honour the King bids us first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or invade their Estates to ruine them Since then inferiour Officers and other menmay be forc●bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike as I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF

the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were thereby chance they invaded onely 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 oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of Northwales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell 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 appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull 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 doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and Kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall slew many of his Enemies by an Ambuscado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they spoiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake 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 slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Ireland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmant quod li●uit sibi de jure quod suum crat repetere posse Regis Consiliorum suorum modis omnibus quibus poterat infirmare William Rishanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Ev●sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his person also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frequenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecclesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes 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 them materiall sword and constantly averring THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR JUSTICE AND TRVTH Fame

together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome of the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Lette●s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme formis-councelling the king oppressing the people by injustice a vising him to levie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome ●ng●ossing the Kings eare and usurping his Royall 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 pensers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies 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 sommoned at Westminster three weekes after the Nativitie of Saint John Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite 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 warre 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 avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme 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 Mannors Lands Tenements and good taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme 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 Armes to apprehend the Spens●rs as enemies to the King and kingdom and marching with banners displayd 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 beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitall crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige 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 warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament thought it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for

them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the said Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOU HAST SLAINE ALL THE FAITHFVLL FRIENDS THOU HAST IN THE KINGDOME Which answere 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 meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuscadoes to intrap them where the Chauncellour in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he might 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 p●rchance much blood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peceably and to tell him the reason why yoy have ass●mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM The Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament with we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane timed feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh● to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd 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 Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne 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 appeale fully appeareth And afterwards in great Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rove and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocester Earles of Arundell and W●rwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any

undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great pre●aations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not properly but we understand that necessity which is not rare in humane affaires and hath wont to bee called neede which yet precisely is not that true necessity c. It is a most unjust conflict where the one side being agent the other is onely patient There is a just defence and slaying although the slayer might flee without danger and so save himselfe whether the slayer who defends himselfe be of that condition that it would be a disgrace to him to flee or whether it would be no disgrace Which opinions are received in the causes of private men and to mee are much more approved in publike causes Defence even in Bruites is a Law of nature it is perswaded and constituted in us not by opinion but by a certaine 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 Lawes All Lawes all Rights permit to repell force with force There is one Law and that perpetuall to defend safety by all meanes All mean●s are honest of preserving safety this reason to the Lea●ued necessity to B●rbarians cust me to Nat●ons nature it selfe to wilde 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 wee bee assaulted by warre though wee our selves have demerited the warre which thing others and Paulus Caestrensis have taught And it will follow and adde this reason because the Law or Force of warre is not ended by obtaining the things first demanded but walkes according to the conquerers pleasure Who is content to repay so much revenge onely 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 Armes Witnesses Iudges who are enemies are repelled although they against whom they proceed gave the cause of the enmity To one in Armes he gives all things w●o denies just things said Caesar Neither doe we heare make question of that blamelesse moderation where there is no superior These things therefore are avoyded and therefore the cause of Romulus shall be said right to me who defended himselfe by war against the invading Sabines albeit he had given them cause of warre and offence by the rape of their women The force of necessity is so great when men are pr●ssed with Armes that those things which are unjust may seeme most just as Bodin well warre is just to whom it is necessary piae arma quibus nulla nisi in armis relinquitur spes and Armes are pious to those to whom no hope is left but in Armes Extreame necessity is exempted from all Law And yet I restraine not the present definition to extreame necessity or take extreame according to the condition of mens affaires for be it so let it be no necessitie which may be no necessity Romulus might have avoyded warre by restoring the ravished women yet he might likewise defend himselfe against the enemies even soone after marching against him I stay not in this definition for that is a question belonging to Citizens He who being banished may be hurt without danger yet he may defend himselfe CHAP. XIIII De utili Defensione He proceedes thus I Call that a profitable defence when we move warre fearing least we our selves should be warred upon no man is sooner oppressed then he which feares 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 meete 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 inferres danger then he who repulseth it Livy and Vigetius if the enemie should once prevent all things are disturbed with feare it behoves them therefore saith Nicephorus an historian of no contemptible authority who would live without danger to meete with and prevent impendent evills and not to delay or expect that thou mayst revenge the received injury with danger if for the present thou maist cut out the root of the growing plant and suppresse the endeavours of an enemie who thinkes ill And Suidas yea Demosthenes warre is not to be delayed but urged least being first injured we be compelled to repulse force This as the Latin De nosthenes Cicero saith is likewise a disgrace that if thou mayst prevent future thou wouldest rather redresse Present evils That rude youth likewise so hath nature it selfe prescribed this Law I would rather looke to our selves then I would be revenged having received injury 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 carefull are we of our selves before he move himselfe 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 c. Neither yet omit I things held in lieu of proverbes and therefore prove much what they signifie Meete the approaching disease Withstand beginnings else medicines are provided over-late Neglected fires are wont to get strength Behold something out of the Authors of Law It is better to keepe Lawes unviolated then afterwards to seeke remedy It is lawfull to prevent One providing to offend I offend lawfully and others of this nature which are more defined to humanity and approved by mens judgements No man ought to expose himselfe to danger no man ought to expect himselfe to be smitten or slaine unlesse he be a foole We ought to meete the offence not onely 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 certaine evils and that likewise which is mentioned in the causes of private men least perchance by giving the first stroke we be slaine or lest we yeeld by flying and be oppressed lying downe But not to flye is to repell force all these things are cleare and tried and most apt to warlike tractates What followes hath some doubt when the thing may seeme to come to that passe that we must now run to this profitable defence A just cause of feare is required suspition is not sufficient Now a just feare is defined a feare of a greater evill and such as may deservedly happen unto a constant man But here in this great cause of Kingdomes a feare that no dammage should happen although not very great or if there be an evident cause of feare although the danger be not true but the cause onely of feare just is sufficient but not when a man feares that he ought not c. But concerning prevention there are notable things in Gellius In all things to be taken heed of there is not the same cause neither in the affaires 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 prevaile or to be slaine if he shall give over But the life of man is not circumscribed with such unjust untamed necessities that therefore thou oughtest first to doe the injury which unlesse thou shalt doe thou mayest suffer And Cicero who hath ever enacted this or to whom can it be granted without the greatest perill of all men that he might lawfully slay him of whom he might say he hath beene afraid lest he himselfe might be slaine afterward by him yet rightly notwithstanding the Mitileins against the Athenians If we seeme injurious to any if we have first failed not tarrying till wee might plainely know if they would doe us any hurt he doth not rightly consider for if we had beene of equall power we might safely lay ambushes for them againe and we might delay then he should speake truth but since they have alwayes with them a power of hurting it beseemed us to have this power that we might anticipate a defence Why againe doe we aske for Bartolusses or Baldusses with whose bare names we might rest satisfied and yet doe not more esteeme the defence of a most noble Republick yea of Thucidides 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 feare and generally nothing can be defined concerning it here we shall onely say that it hath alwayes beene 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 Thus the Romans move warre against Philip lest Greece being subdued he should first make warre upon them Thus Lysimachus when Demetrius had gotten the Kingdome fearing least he should provoke him first moved warre for he knew that Demetrius had it from his father alwayes to thinke of promoting the Empire Thus the Lacedemonian Embassadors move the King of Sicily to warre because all the rest of the Graecians being overcome by Persa he might in like manner stirre up ware against the Siculi Men say by helping us thou maist defend thy selfe Thus the Lacaedemonians themselves perswaded by the Acanthii tooke up warre against the Olynthi who by conquering their neighbours every where and proceeding alwayes to further parts they made no end of warres and of encreasing their dominion Thus the Compani for the Fidicini against the Samnites and they say We have fought in word for the Fidicini in deed for our selves when we saw a neighboring people to be set upon by the wicked plundering of the Samnites and when the Fidicini had beene inflamed that fire would h●reafter be transferred upon us which also Herm●crates a just man of Syracuse doth any of us thinke that a neighbour further off being already overcome the calamity will not come upon him also Thus Perseus thus Metridates did move and call in others against the power of the Romans for neither are occasions of warre wanting to those that aspire to the Empire and now they are hated for their power Which thing Appius somewhere saith to those his Romans and it appeares most true for by ayding their confederates and friends presently they got the Empire of the whole world But to omit these manifold examples which even others have thus noted and which do thus declare to us the Law of Nations which we seeke might not all men most justly withstand the Turke on that side and the Spaniard on this meditating dominion every where and plotting it for indeed the Turke wrongs not many nor yet the Spaniard neither can the one or other doe it but they both doe injury to some and he that doth wrong to one threatens many shall warres themselves be expected we have heard of the Turkes before and we all see it if any one discernes it not of the Spaniards he may heare of P. Jovius that the nature of these are both impotent and greedy of bearing rule and when they have once crept in endeavour alwayes by all meanes to attaine the highest power Therefore we ought to resist and it is better to beware that men encrease not too much in power then to seeke remedy afterward against the mighty While the enemie is little kill him Wickednesse lest Tares grow is to be crushed in the seed Why are not these sayings of Hierome pertinent even here We cannot joyntly resist a common danger a common feare unites even those that are most divided and furthest off and that by the instinct of nature and our Baldus teacheth out of Aristotle This is the reason of Empyres that they may not hurt as he whosoever he was said wel in Dionysius and nothing more true and uttered as it were from an Oracle In the judgement of Bodin 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 doe not suffer it as Plutarch speaketh and Baldus that it is lawfull to use meanes 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 equall proportion and while in none one is subdued of the other o And this is that which that most wise most

of Charity those that say care ought to be had of Citizens deny it of strangers these men take away community and society of mankinde Also Cicero which Lactantius both citeth and hath approved And the same Cicero It is a filthy opinion of them who referre all things to themselves filthy indeede for man is borne for society and it is his duty to helpe others and not live to himselfe onely and for this cause Cicero condemned the Philosophers because while they lacked one kinde of justice and as another holy man writes fulfilled indeede the greatest part of equity not to hurt any they offended against the other because they forsooke the society of life and so forsooke this part of justice to profit when thou canst Dost thou not see how the world it selfe the most beautifull of all workes doth binde it selfe with love we are bound by the Law of nature so sayes the interpreter of the Law to be profitable every way and the same men deliver an equall defence of their owne and of strangers but specially of confederates from whom we must keepe off an injury and that this defence is both of divine and humane law Plato thinkes he ought to be punished that keepes 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 publicke and universall City of the world of a publique Citizen that is of a Prince of the people of a Prince As a private man hath relation to a private man so a Prince to a Prince saith Baldus A man is a Citizen to a man in the greater City and borne for mutuall succour saith Seneca And because we are one body if one member will hurt another member it is meete the others should helpe that which is hurt because it concerneth the whole even that which hurteth that the whole be preserved So men should helpe men for society cannot be preserved but by the love and safety of the people Vespatian cannot be approved who denies ayde I know not to whom upon this pretence because the care of other mens affaires appertained not to him for what good man is there who doth nothing but for his owne sake Cicero againe even to Lazius King of Persia that he is not therefore just because he doth nothing unjustly unlesse also he defended the unjustly oppressed and by that meanes they obtained helpe and bands of Souldiers against the Romans for it is not a strange thing amongst men for a man to defend the estates and safety of men 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 It is a noble example of the barbarous King of Mauritania who when he heard that his enemie Alfonso king of Castile was pressed and almost oppressed by the Armies of his sonne hee sent a hughe masse of gold unto Alfonso he himselfe went over with a great Armie of Souldiers into Spaine judging it a most unworthy thing that his Sonne should expell his Father from his Kingdome adding withall that the victory obtained he would be an enemie againe unto the same Alfonso What doe I feare the Barbarians enemies also and bringing gifts That the deed of an enemy should be taken in the worst sence doth Guiceardine 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 seeme commonly to deny this and the Law sometimes saith that we may without offence neglect other mens affaires but our proper question is if any can thus justly defend another wherein no man denieth just defence even for the defence of a stranger it is lawfull to kill another by the opinion which is approved of all Doctors yea the defence of him is approved that neglects to defend himselfe yea that refuseth to be defended by another whether a friend defend him or another even an enemie and thus it is called the rule of humanity and so a benefit to be conferred often times upon the unwilling So also there be many other definitions Also they conclude by an argument not firme 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 thankefulnesse So it is not ill taken of a Citizen from a Citie nor by a sonne from a father for truely it is manifest that 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 Againe somethings on the contrary neglected indeed contract offence but reformed they merit not glory so Bernard to which I adde a meane that there be some things which being neglected contract offence and fulfilled deserve reward But also even in the Court of conscience they will have a man to be bound to defend a man 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 but both in Civill and Canon Law against the rest Bartolus inclines thus Albericus Igneus Decius Alciatus Molineus so teach and Baldus elegantly that it is a fault to omit the defence of another of himselfe a treachery which also in another place he determines Plato is also of this mind and thus also Siracides free him to whom injury is done out of the hand of the injurious I also am of the same minde especially if which the forenamed interpreters adde defence be not made with the danger of the defender For no man is bound to put himselfe in danger no man is bound so to assist against a fire Otherwise thou hearest Constantine say that they which live by the rule of Gods Law account an injury done to another to be their owne Behold that thus also he ayded the Romans against Maxentius Heare againe Baldus his Lawyer he that defends not nor resists an injury 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 Cosens Cosen-germans Brothers They are so much the more true in Princes by how much if a private man defend not a private man the majestrate remaines that can both revenge the wrongs and repaire the losses of private men but there is none can peece up the injuries and hurts of Princes but the same Prince who after had rather apply a medicine to the evill than hinder at the first that evill be not done These things are true but that also you may hold with Baldus that although these were not true out of Philosophie of judgements which is of things necessary they are certainely true from Philosophie of manners which consists of things perswaded which Philosophie also we follow in this whole Treatise The Philosophie of Iudgements permits a man to neglect even himselfe as Baldus writes and if besides as it falls out almost alwayes another speciall cause be joyned to this generall rule of honesty it may come neerer 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 Guicciardines mouth sayd truely no Prince will make warre for Pesants unlesse perswaded with desire of his owne gaine yet that is ignominous to Princes and savours not of justice but I had rather concurre with Leo the Philosopher We know very few to keepe true love for its sake alone to be stirred up to succour those that are intangled in misery but on the contrary side that the number is very great of those that for hope of getting any thing come to helpe the unworthy which is a more mild saying and I thinke more true But I seeke another thing it is compleate justice which defends the weake so Ambrose and the Canon Law and I seeke for that Iustice The Romans also joyned this cause with others by which they were moved often times to make warre the defence of the Lucans saith Dionysius was the manifest cause of the Samniticall warre which might have a shew of honesty as common and a Nationall custome of the Romans to ayde 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 beene if the Lucans had beene subdued so the reason of profit lyes hid and therefore seemes 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 deare unto us whom we should defend Vlpianus saith that for love and friendship for no other reason defence ought not to be omitted The defence of those that ought to be deare unto us is from nature witnesse M. Tullius What if our allies and confederates He that keepes not of an injurie from his fellow when he can is as well in fault as he that doth it Ambrose and even we our selves are hurt when our fellowes are hurt as in Livie Iohn Bodin judgeth amisse that an ally and a confederate is not bound to helpe his fellow if there be no caution of helpe in the league and the contrary is now shewed by us and also shall be shewed in the third booke What if they be of the same stocke and blood Agesilaus made warre against the Persians that he might bring the Greekes of Asia into liberty And the pettie Kings of Germanie by an old custome of the Nation thinke it an haynous offence not to be assistant to those that implore mutuall helpe although there is there besides a certaine body of a Common-wealth as it is reported long since that there was of the Achai What if of the same Religion Nations are joyned 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 Common-wealth by lawes by common Religion the most powerfull thing of all we implore the bowels of men and of the holy One who is the head of that communion So there was warre with the Persians because their fugitives were not delivered them and they were not delivered by the Romans who would not dispise 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 And our writers doe thus resolve that warre 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 for what had I not very many very just tyes 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 neighbours 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 Salust and now in Ovid. s Fire that is neere is hardly kept off from houses it is good that we abstaine from neere adjoyned places which verses are proverbiall in this thing and proverbes adde some credit This notes something that as it is lawfull to pull our neighbours house downe least the fire should come to us and that question of a house infected is the same although touching this it is answered contrary Yet the House infected with Leprosie was pull'd downe And in many cases it is so that we may doe 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 hurtfull The Romans saith Florus as a certaine infection ranne over all and taking in all the neerest people brought all Italy under them and whatsoever Dominion they had Before fire is the vapour and smoake of the Chimney Syracides also So we see smoake from our neighbours fire and will we not runne and put out the fire where it is It is written againe that it is lawfull for any to helpe his neighbour against an injury yea he seemes to be partaker of a fault who doth not ayde 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 ayding Subjects that are Strangers against their Lord. I Demand if wee may justly defend Subjects also that are Strangers against their Lord What if their cause also be unjust Ambrose noteth those three gods Iupiter Neptune and Pluto have thus Articulated lest upon their intrenching on one anothers jurisdiction they might make Warre among themselves they should not usurpe the rule of the Sea c. They say likewise that we

Moah which he subdued and procured rest to his Country 40. yeeres God his Spirit Word approving this his action Fifthly by the example of Barack and Deborah Iudges ch 4. and 5. Where God selling the children of Israel for their sinnes into the hand of Iabin King of Cannan and his Captaine Sisera for 20. yeeres space during which he mightily oppressed them hereupon Barack at the instigation of the Prophetesse 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 Kishon where the Lord discomfited Sisera and all his Host with the edge of the sword before Barack his Army and subdued Iabin the King of Canaan before the children of Israel which warre is by a speciall Song of Deborah and Barack highly extolled and God in it as most just and honorable and this curse denounced against those that refused to assist in it Iudges 4. 23. Curse ye Meroz saith the Angel of the Lord curse ye bitterly the inhabitants thereof because they come not out to the helpe of the Lord to the helpe of the Lord against the mighty with this Corolary so that thine enemies parish O Lord but let them that love thee be as the sunne when it goeth forth in his might What more can conscience desire to justifie the lawfulnesse of a just defensive warre Sixthly by the Example of Gideon and the Israelites Iudges c. 6. Who being delivered by God into the hands of the Prince of Midian for seven years Gideon by speciall incouragement and direction from God himselfe with a poore despicable Army of 300. men defeated the great Hoast of the Midianites and tooke and slew their Princes By these 4 last pregnant presidents it is most evident that a forraigne King who hath gained a Title onely by conquest though with divine concurrence by way of punishment for that peoples sinne may lawfully be resisted repulsed even after some yeares forced subjection and submission to him by the people conquered to regaine 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 evill spirit of division between Abimelech and the men of Shechem thereupon they revolted from him and chusing Gael for their Captaine fortified the City against him and when Abimelech came with an Army to take in the Towne they in their defence went forth and fought with him resisted his seige and they of the Tower of Shechem standing upon their guard refused to surrender it after the Towne was surprised and so were burnt After which comming too neare the wals at the Tower of Thebez assaulted by Abimelech he had his braines and head so bruised with the peece of a milstone cast downe 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 dyed and so every man departed to his place Thus God rendred the wickednesse of Abimelech and all the evill of the men of Shechem upon their own heads Iudges 9. So the Text. Eightly by the example of Iepthah who after that God had sold the Israelites for their Idolatry into the hands of the children of Ammon 18. yeeres space Iepthah being made head and Captaine by the Elders and people of Gilead first argued the case with the King of Ammon touching the unjustnesse of his warre upon them desiring God to be Iudge betweene them and then by Gods assistance smote and subdued the Ammonites and their Cities Judg. c. 11. And so cast off their yoake Ninthly By the practise of Sampson who after God had delivered the Isra●lities into the hands of the Philistimes who ruled over them forty yeares space did by Gods 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 Iudg. 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 patterne of the inconstancie and invaliditie of Kings solemnest oathes and Protestations who contrary to many solemne vowes and feighned reconciliations sought unjustly to deprive him of his life thereupon David retired from the Court entertained a guard of foure hundred men and became a Captaine over them 1 Sam. 22. 2. After which Abiather escaping to him from Nob when the Priests there were slaine by Doeg upon Saules command for Davids sake David used these words to him Abide thou with me feare not for ●e that seeketh thy life seeketh my life but with me thou shalt be in safeguard 1 Sam. 22. 23. Soone after the Philistimes beseiging Keilah David by Gods encouragement smote them and saved Keilah intending there to secure himselfe and his men which Saul hearing of said God hath delivered him into my hands for he is shut in by entring into a Towne which hath gates and barres whereupon he called all the people together to beseige David and his men which he needed not doe did he or any else beleeve that they would not ought not to have made any forcible resistance David informed hereof enquired seriously of God whether Saul would certainely come downe and demanded twice of him will the men of Keila deliver me and my men up into his hand And the Lord said they will deliver thee up Had not David and his men resolved to fortifie and defend themselves there if the men of Keilah would have beene faithfull to them and beleeved they might have resisted Saul with his Forces certainely he would never have presumed to aske such a question twice together of God himselfe to receive his resolution therein neither would God have vouchased an answere thereto but his double inquirie and Gods resolution infallibly demonstrate his intention to resist and the lawfulnes of his defensive resistance would the Keilites have adhered to him This the very next words fully cleare 1 Sam. 23. 13. Then David and his men about six hundred arose and departed out of Keilah and went wheresoever they could goe and it was told Saul the David was escaped from Keilah Gods prediction of the Keilites treachery was the onely cause of their departure thence where they had resolved to defend themselves of which hope being disappointed beyond expectation they want whither soever they could goe After which David and his men being but few in number not able in humane probability without tempting God to encounter Sauls great Forces retired themselves into woods mountaines rocks strong holds wildernesses where Saul pursuing them they still declined him but had he and his army ever assaulted

an Oath of execration by an ancient Law in memory whereof they instituted a speciall annuall Feast on the 23. of February called Regifugium the hatred of which Title continued such that Tully and Augustine write Regem Romae posthac nec Dii nec Homines esse patiantur And Caesar himself being saluted King by the multitude perceiving it was very distastfull to the States answered CAESAREM SE NON REGEM ESSE which Title of Caesar not King the Scripture ever useth to expresse the Emperour by witnesse 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 Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Jews was written onely to the dispersed Jews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Jews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Josephus the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Jews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Josephus Philo Judaeus de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under-Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Jews being inferiour 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 onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Jews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Jewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three Arguments The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly for a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepberds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrines and open assaults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assaults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common

exploded Argument of the Popish Clergy To prove themselves superiour to Kings and exempt from all secular Jurisdiction because they are spirituall Fathers Pastors Heads to Kings who ought to obey not judge and censure them as Archbish Stratford and others argue But this plea is no ways available to exempt Clergy men from secular Jurisdiction from actuall resistance of parties assaulted nor yet from imprisonment censures and capitall executions by Kings and Civill Magistrates in case of capitall Crimes Therefore by like reason it can not exempt Kings from the resistance censures of their Parliaments Kingdoms in case of tyrannicall invasions We deride this Argument in Papists as absurd as in sufficient to prove the exemption of Clergy men I wonder therefore why it is now urged to as little purpose against resistance of Tyrants and oppressing Kings and Magistrates The second reason is this The Invasions and oppressions of evill Kings and Tyrants 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 First The invasions of Forraign Enemies are just Judgements and punishments sent upon men by God as were the invasions of the 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 Ergo Neither we nor they ought in conscience to resist or take Arms against them Every sicknesse 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 Physick but patiently lye under it without seeking remedy Injuries done us in our persons estates names by wicked men who assault wound rob defame us are from 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 Scripture too Ergo Kings ought not to resist or suppresse 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 persecution of the Hunnes their King Attila being demanded of by a religious Bishop of a certain Citie 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 ô Minister of God and ingeminating this saying Blessed be he that cometh in the Name of the Lord Opened 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 sonne is scourged and that the power of the scourge it self 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 then this Bishop did the bloudy Pagan Hunnes because they are Gods wrath I trow not One Swallow makes no Summer nor this example a generall president to binde all men The third reason is this Saints forcible resistance of Tyrants begets civill warres great disorders and many mischiefs in the State Ergo It is unlawfull and inconvenient I answer First That this doctrine of not resisting Tyrants in any case is farre more pernicious destructive to the Realm then the contrary because it deprives them of all humane means and possibilities of preservation and denies them that speciall remedy which God and nature hath left them for their preservation Laws denyall 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 hac controversia non sunt multo faciendae quia quid sit Lex humana ipsi ignorant as Vasquius controvers Illustr 81. .11 determines Secondly The knowledge of a lawfull power in Subjects to resist Tyrants will be a good means to keep Princes from Tyrannicall 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 Lawes Armes will be meerly uselesse to the Subjects if resistance be denyed them when there is such cause Thirdly Resistance only in cases of publike necessity though accompanied with civill warre serves alwayes to prevent farre greater mischiefs then warre it self can produce it being the only Antidote to prevent publike ruine the readiest means to preserve endangered to regaine or settle lost Liberties Laws Religion as all ages witnesse and to prevent all future Seditions and Oppressions Fourthly Desperate diseases have alwayes desperate remedies Malo nodo malus cuneus When nothing but a defensive warre will preserve us from ruine and vassalage it is better to imbrace it then hazard the losse of all without redemption Ex duobus malis minimum All Kingdoms States in cases of necessity have ever had recourse to this as the lesser evill 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 The first and grandest Objection against Subjects forcible resistance and defensive warre is that speech of Saint Ambrose Lib. 5. Orat. in Auxentium Coactus repugnare non audeo dolere potero potero flere potero gemere adversus arma milites Gothos Lachrymae meae arma sunt talia sunt munimenta sacerdotum A LITER NEC DEBEO NEC POSSVM RESISTERE This chiefe Authoritie though it makes a great noise in the world if solidly scanned will prove but Brutum fulmen a meer scar-crow 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 Romane Emperours but of resisting Valentine and the Arms and Souldiers of the Gothes who at that time over ran Italy and sacked Rome being mortall Enemies to the Romans the Roman Emperours Saint Ambrose and Millain where he was Bishop This is evident by the expresse objected words I can grieve I can weep I can mourn to wit for the wasting of my native Country Italy by the Invading Enemies the Gothes against Armes Souldiers GOTHES marke it my tears are Weapons c. If any sequell can be hence properly deduced it must be that for which the Anabaptists use it from whence our Opposites who tax the Parliaments Forces for Anabaptists when themselves are here more truly such