Agis and Pausanias 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 Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that moderation By which meanes he verily weakned the power of the Kingdome but yet certainely setled it more lasting and stable whence Theopompus gave this answer to his complaining and upbraiding wife whether he was not ashamed to leave the Kingdoms lesse 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 Lacedemonian kings whose honours writes Xenophon were not much better then those of private men Etenim neque Regibus animos 〈◊〉 Tyrannicos voluit Lycurgus neque civibus eorum potestatem invisam reddere tooke an Oath every month to governe the Kingdome according to the Lawes enacted I finde that the Cumaeans had a Magistrate whom they called Phylactus whose office was to come into the full Senate and hold the Kings hands who stood in judgement before them untill 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 arraigne and punish them iudicially if they saw cause as they rose up in Armes against Aristodomus their king who tyrannized over them by Zenocrita her instigation slew him and so recovered their Liberties The ancient Carthaginians had two kings whom they stiled Suffites who were but annuall removed every yeares Yea the Ibersans and Parthians had two joynt kings in ancient times the one to judge the other to governe the people In Meroe where they elected their kings by their beauty stregth or wealth their Priests had the chiefe power who had so great authority that sometimes like the Pope and his Nuncioes they would send a Messenger and command the king to be put to death and make another in his steed Which custome was after abolished by one of the kings who violently assaulted and slew all the Priests and in Meroe if the king offended after the Priests power was abolished they inflicted no corporall punishment on him but all withdrew themselves from him and avoided his company till he was killed with griefe and consumption The Indians will not permit their king to sleep in the day time and if he be drunken at any time if any woman of whom he hath a guard kill him whiles he is drunke she is so farre from being guilty of Treason that for a reward she shall be married to his Successour much like the ancient publike institution of the Selavonians recorded by Saxo Grammaticus that the assassinate of evill Kings should succeed them in their kingdomes a thing frequently practised in many kingdomes and Empires though very ill enacted in any The Sabaeans confined their Kings to their Palaces and used to stone them if they went forth of their bounds The Mosseriaes whose kings were elective used to punish them when they offended by keeping them fasting a whole dayes space Among some of the Indians if the king dyes having male children of his owne or cosen-germans or brothers children they shall not succeed him in the kingdome but his sister sonne if there be any if not then his next alliance and that ex gentis instituto by the institution of the Nation the reason is because their Priests used to defloure the Queene whose issue is held to be illegitimate In Thraciae the people elect a king who is well qualified mercifull grave for his age and one who hath no children For no Father though never so well qualified is admitted to raigne and if he fortune to have issue while he reignes he is deprived and so kept lest the kingdome 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. Governours lest hee alone should judge in capitall causes And if he be convicted of any offence be is punished with death yet not by laying violent hands on him but by publike consent all food is kept from him so as at last he perisheth with famine The Taprobani had this custome that no man who had any children should be chosen king lest he should claime the kingdome as hereditary and make it so The Athenians Ionians Milesians Marchomanni Quadi Persians Sicilians Corinthians Parthians Meroes Gordii Medes Paphii Cathians Aetheopians Sydonians Germans Swedes Danes and other Nations had severall Customes Lawes Rules over-tedious to recite by which they elected and inaugurated their kings of which you may read in Alexander ab Alexandro Strabo Boemus Peter Martyr Purchas and others and different degrees of power and government derived from their kingdomes and people the soveraigne Authority still residing in them to prescribe both Laws and limits to their kings and call them to publike account for their grosse offences and misgovernment The ancient Aethiopiant elected the most fanatique Priest for their king whom though they adored and honoured for a God yet Vitam agere STATVTAM LEGIBVS DEBET iuxta patrios mores he ought to live such a life as the Laws appointed him according to the manners of the Countey neither ought he to reward or punish any man himselfe though chiefe parts of Royalty The old German kings had no free nor infinite but a restrained and bounded power by the Lawes Diodorus Siculus writes that the first Egyptian Kings lived not like other Monarchs to rule all things according to their wills Nullis obnoxii censuris as ob noxious to no censures but all things not only their publike actions but even the regiment of their daily life were conformed to the rule of the Lawes as he there manifests in sundry particulars both in respect of their attendants dispatches devotions recreations moderate spare dyet and the like neither was it lawfull for them to judge nor doe any thing nor punish any man out of petulancy or anger or any other unjust cause contrary to what the established Lawes required concerning every of them Whiles they observed these things customarily it was so farre that they tooke it ill
demands and offers it was finally determined That the Dutchy of Normandy was so appropriated unto the King of France and to his heires that in no wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annuall rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse 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 proverbe among the Frenchmen Principibus obsequi haereditarium non esse The favour of Princes is not hereditary 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 Councellor 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 intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie 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 answere That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempost fall especially when it is a forraine warre and in this case good subjects ought not to complaine 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 certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie 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 wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects considering that neither he nor any other Prince hath power so to doe 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 seeke to magnifie and extoll him should say I have so faithfull 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 soonest forget all charges past This me thinkes yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare 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 seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene ourselves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there were of mean calling and lesse 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 Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authoritie without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowne descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Parliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the
power to pardon any Delinquâ—rts against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be about their kings who were lyable to their restraints excommunications Laws Censures Depositions for their male-administrations vicious lives and not successive but elected by them Pâ—lagius the first king of Oviedo was elected king and that kingdom erected by the generall consent of the people oppressed by the Moors about the year 618. during whose reign there were severall Vice-royes of the Moors in Spain as Alcazazin and Alhatan and others His sonne king Fasila was slain by a Bear which he pursued in the mountains I doubt his Subjects would have resisted him as well as the Bear had he made war upon them Froila the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight generally beloved out of jealousie lest he should usurpe the Crown in revenge of whose death he was soon after slain by his own brother Aurelius Anno 767. who succeeded Froila in the Realm notwithstanding he leâ—t a son called D Alphonso the chaste but the hatred that the Noblemen did bear unto his father was the cause of his rejection being then also very young whereby it appears that the right of succession was not in those dayes practised in Spain Sâ—llâ— his brother-in-brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonso 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 reign 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 Monke Ramir the third twentieth king of Leon abandoning himself to a voluptuous life contemned all good counsell 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 Soveraigne and intituled him king of Gallicia which title he enjoyed ten years 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 Anno â—07â— Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subiects governing himself after the appetite or a base woman who put the Nobilitie 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 kings presence His brother Sancho taking advantage of the peoples hatred entred his Realm with a great Army who thereupon being deserted generally by his people fled to the Moors for ayd and fell to spoil his own Countrey 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 Iohn Mariana that in the Councill of Florence under Pope Victor the second Anno 1055. Hildebrand a Cardinall Deacon Embassadour to Henry the second Emperour of Germany complained in the Councill against Ferdinand king of Spain in the Emperors 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 iniury himselfe could gladly suffer if there were no other losse but of his own honour But since the estate of Christendom could not well subsist and the Popes Authority would likewise be impaired unlesse all Christian kingdoms were united and knit together under one temporall head the Emperour whom they should obey they ought to suppresse the springing temerity in the Wombe lest by their neglect spreading it self into other Provinces animated with the sweet and oft-times deceitfull name of libertie the sacred Majestie 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 Churches honour and Republiks safety then indangered But 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 Legats to Ferdinand in his own and the Councils name to satisfie the Emperors demands forthwith under pain of present excommunication The King doubtfull and fearfull whether to obey or not summons a generall Assembly of the Estates of the Realme The Clergy and religious sort of men perswaded submission for fear of the Popes excommunication the fearfuller sort concurring with them by reason of the Emperours power and their own weaknesse and distraction and the Kings desires of peace inclined most to their opinion But some heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain which being once admitted on their necks they should hardly shake off again that it was better to die fighting then that the Republike should be involved in so great a mischief and indignitie Rodoricus Diacius a noble Spanyards opinion then absent from the assembly being required by the king and it answered That this was no matter of Counsell 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 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 cruell nation who contemned all men but themselves whose ears were proud whose speeches contumelious whose accesse difficult riotings new cruelty inhumane Shall we who have yet hardly escaped the servitude of Moors undergo a new bondage prepared from the Christians They will deride both us and ours Doth the whole world as farre as Christianity extends it selfe obey the German Emperours Shall all the grace power honour riches gained by ours and our Ancestors 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 mindes if we were men we might be a terrour But it is difficult to resist the Emperous endeavours not to obey the Roman Pontifs commands verily it a basnesse of spirit for an uncertain fear of war to involve the Commonwealth in most
THE FOVRTH PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments Right and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common saâ—ety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polonian Behemian Danish Swedish Scottish with other Foraine Kingdomes yea in the Kingdomes of Judah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices mis-government and sometimes capitally to proceed against them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaus Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliarii aiunt Regem nihil injuste facere posse quippe omnia omniunt ejus esse ac homines etiam ipsos-Tantum vero cuique esse proprium quantum Regis Benignitas ei non ademerit c. Vtcunque sit multi Principes his similibus consiliis consiliariis facti sunt enules miseri infames inhabiles in se posteritate sua amplius gubernandi Principis itaque Officium est ut non secus curet subditos quam fidelis Pastor oves ut dirigat foveat conservet It is this tenth day of July Ordered by the Committee of the House of Commons concerning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior John White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lawes Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate 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 averre 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 lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Jurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about them for a season sometimes for sundry yeares ere they can be perfectly drained and their bankers repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any humane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through want of time and sundry interrupting Avocations then I desired wherein I have impartially according to my judgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affection as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long foreâ—plotted conspiracies of Romish Priests and Jesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two much mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Judges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in-errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Jurisdictions Honours Profits and so may I. But this I darewith 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
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 certaine 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 Kings Confessor the Abbot of Dâ—ne Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings 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 speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shhall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe 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 beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall 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 bee made of divers complaints grievances and mischiefs shewed 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 Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Bangor the Duke of Yorke the Earles of Som merset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawson 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 Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme 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 Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme 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 Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may justly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall 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 revered Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaine Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire 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 speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberland the Earle of Westmerland the Lord Cromwell the Lord Fitz-Hugh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff Thomas Chaucer William Allington In the Parliament of 29. Henry 6. num 16. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings 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 universall noise and clamour was openly received thorowout all the Realme 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 yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to These few fresh Presidents added to the precedent
kingdomes and Crowns immediatly from God himself by a divine right which may be further conmed by the 1. Macab 9. 28. 29. 30. After the death of Iudas Maccabeus all Iudas his friends came unto Ionathan his brother and said unto him since thy brother Iudas dyed we have none like to him to goe forth against our enemies Now therefore WEE HAVE CHOSEN THEE this day TO BE OVR PRINCE and Captain in his stead that thou maist fight our battells Vpon this Ionathan took the Government on him at that time After Ionathans death the People said unto Simon his brother with a lowd voyce 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Iudas and Ionathan thy brother fight thou our battels and whatsoever thou commandest us wee will doe And the Iewes and Priests were well pleased that Simon should be their Governour 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 Kingdome of Israel was translated to divers Families for their idolatry that although the kingdome of Iudah 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 Royall dignity not onely 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 Appeale to thy Conscience newly published p. 13. where thus he writes Observable it is that thorowout the whole Scriptures we read not of Any King I doubt hee never read the Scriptures else he could not be so grossely mistaken THAT WAS CHOSEN BY THE VOYCE 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 kingdome into an elective or any other forme of Government whatsoever that the people doe properly and absolutely make a king is false c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited with the best Commentators on them or read over advisedly Iosh 22. Iudges 17. 6. c. 18. 1. c. 19. 1. c. 21. throughout with the Books of Ezra Nehemiah Judges Esther Maccabees the four Euangelists touching Christs arraignment and death Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Josephus Philo Paul Eber Godwin Cunaeus Sigonius BertraÌ„ or any others who have written of the Jewish Antiquities of Republike he could not have had the impudency to have published such grosse untruths and should have found not onely divers kings in Scripture created by the voyce of the people but an hereditary kingdom oft changed into an elective yea into an Aristocraticall and no Royall government and an Aristocracie and Democracy to even among the Jews themselves whose government before their kings was meerly Aristocraticall as Iosephus Antiqu. Jud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus Schickardus Bertram Paul Eber and all 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 errour so confidently asserted by parisiticall Court Doctors who make no conscience of writing any though the grossest untruths which may advance the absolute Soveraign Arbitrary tyrannicall government of kings to oppresse and inslave the people Thirdly that the Kings of Iudah and Israel were no absolute Soveraign Princes but took their Crown with and upon such Divine conditions for breach whereof they and their posterities were oft times by Gods command just judgement and speeiall approbation deposed disinherited destroyed and the Crown translated to other families This is evident by direct Scriptures Deuter. â—7 14. to the end Thou shalt in any wise set him King over thee whom the Lord thy God shalt chuse one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother Here is an expresse limitation and condition in respect of the person of the King the conditions in regard of his royall administration follow which are partly Negative partly positive But he shall not multiplie Horses to himself nor cause the the people to return to Egypt c. 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 fitteth on the throne of his Kingdome that he shall write him a Copie 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 dayes 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 dayes 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 dayes 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 averre But what if the king should violate these conditions might the people lawfully resist him Iosephus in his paraphrase on this very text which I shall cite at large resolves they might Truely the government of the best men or Aristocraticall government is best and to live in a Republike thus administred nor is there cause why you should desire any other kinde of goverment but it is best that contenting yur selves with this you continue within the power of your Laws and of your selves But if the desire of a king shall possesse you let there be none unlesse he be of your stock and blood and one to whom justice with other vertues are cordiall He whosoever he shall be let him attribute more to the lawes and unto God than to his own wisedome AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND SENATES ADVICE neither may he nourish many wives nor possesse 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
Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Congregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfe the Tribe of Manasseh concerning their Alter and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan 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 Ionathan 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 Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Captains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme 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 dayes 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 Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe forth with you my selfe also But the people answered Thou shalt not go forth for if we flee away they will not care for us neither if halfe of us die will they care for us but now thou art worth ten thousand of us therefore now is better that thou succour us out of the Citie And the king said unto them Whatsoever seemeth you good that I will doe and thereupon stayed behinde in the City as they advised him So he likewise followed Ioabs advice to go forth and sit in the gate and speak comfortably to the People after his mourning for Absalons 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 thorowout all the Tribes of Israel to bring the King back again to Gilgal whence Absalon had chased him Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde that after Solomons death All Israel came to Sechem to make Rehoboam King and all the Congregation of Israel spake unto Rehoboam saying Thy father made our yoak grievous now therefore make thou the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee And he said unto them Depart ye for three dayes 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 Ieroboam and all the people coming to him again the third day the King answered the people roughly after the counsell of the young men saying My Father made your yoke heavy and I will adde 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 hearkned not to them the people answered the King saying What portion have we in David neither have we inheritance in the son of Iesse to your tents ô 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 Ieroboam unto the Congregation and made him King over all Israel And the Text expresly addes this memorable observation Wherefore the King hearkned not unto the people for the cause was from the Lord that he might perform his saying which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebat Where we see the Kings not hearkning 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 peoples and congregations Soveraigne power over their Kings We reade in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host and sent to Ahab king Israel to resign up all his silver gold Wives Children and pleasant things into the hand of his servants Then the king of Israel called all the Elders of the Land and said Heark 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 denyed him not And all the Elders and all the people said unto him Hearken not unto him nor consent Wherefore he said unto the messengers of Benhadad 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 over-rule the King in this matter of great importance both to the Kingdom and King who returned no answer to this publike case without the congregations publike advise So Hezekiah king of Iudah sent to all Israel and Iudah and wrote Letters also to Ephraim and Manasseh that they should come to the house of the Lord at Ierusalem to keep the Passeover unto the Lord God
Lord will not hear you in that day Verse 17 18. Certainly the people neither would nor ought to crie to god against the proceedings of a just upright King but onely of a Tyrant and Oppressour 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 alwayes be Fifthly consult we with all Polititians whatsoever this description suites onely with a Tyrant not with any lawfull King and that it is meant of such a one we have the testimony of Iosephus the generall 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. Iohn Calvin Instit l. 4. c. 20. sect 26. Bishop Ponet his Politicall Government p. 44. Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos p 270. 271. Bucholceri Chronichon p. 208. Petrus Cunaeus de Repub. Hebraeor l. 1. c. 14. Bertrami Politia Iudâ—ic p. 53. Shickardus jus Regium Iudae 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 Bucanus 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 hee writes That Samuel here tels the people how they should be oppressed under Kings yet all that violence and injustice done unto them is no cause of resistance c. This Text then being cleerly meant of their Kings Oppression violence injustice against Law right and a clear description of a Tyrant not a King I may safely conclude from all the premises that even among the Israelites and Iews themselves their Kings were subject to the Lawes and that the whole Congregation Kingdom Senate Sanhedrin not their Kings were the Supreme Soveraign 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 grosse Idolatries and publike multiplied crimes as the forecited authors averre All which considered eternally refutes subverts confounds the erronious false Positions and Paradoxes which Doctor Ferne Griffith Williams Bishop of Ossery the Authour of The necessitie of Subjection with other late ignorant Pamphletters have broached to the contrary without either ground or presidents to warrant what they affirm touching the absolute Soveraignty Monarchy irresistibilitie incorrigibility of the Kings of Iudah and Israel by their whole States Congregations Kingdoms generall assents and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments Kingdoms and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes bent to subvert Religion Laws Liberties the Republike are founded which must now needs vanish into nothing before this Catholike irrefragable clear-shining verity abundantly ratifyed by innumerable presidents in all eminent Kingdoms States Nations that either have been in any former ages or are yet extant in the world which must and will infinitely over-sway swallow up the inconsiderable contrary opinions of some few privadoes who either out of flattery hopes of getting or keeping undemerited preferments fear of displeasing greatnesse or inconsiderates following of other reputed learned mens mistakes without due examination of their erronious Tenents have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities whose defence I have here made good against all their misprisions and bootlesse assaults Having now Historically ran over the most eminent Empires Kingdoms of ancient and present times in a kinde of confused method their copious vastnesse and varietie being so boundlesse and my time to collect them so small that I could hardly marshall them into any comely 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 punctuall Authorities of note to ratifie and confirme them First it is undeniably evident from all the premises That all Monarchies Empires Kingdoms Emperours Kings Princes in the world were originally created instituted ordained continued limited and received all their jurisdiction power Authoritie both from by and for the people whose Creatures Ministers Servants they are and ought to be If we survey all the severall Lawfull Monarchies Empires Principalities Emperours and Kings that either have been or yet are extant in the world we finde all sacred and prophane Histories concurre in this that they had their originall erections creations from by and for the People Yea we read the very times when the most Monarchies of note were instituted the Names of those on whom the first Monarchies were conferred by the peoples free election onely yet extant on record in most Histories and withall expresse relations of many different kinds of Kingdoms Kings in respect of succession continuance Power jurisdiction scarce any two kingdoms or their Kings being alike in all things in regard of Prerogatives jurisdictions all Histories Polititians concurring resolving with Peter that Kings are humane Creatures or Ordinances instituted diversified thus by men and the people alone out of Gods generall or speciall providence not one of them all being immediately or directly ordained by God as the onely efficient cause without the free concurrence consent and institution of the people This truth is not onely ratified by Lex Regia whereby the Roman Emperours were created yea invested with all their power registred by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu l. 6. formerly transcribed by Plato Aristotle Xenophon Berosus Polybius Cicero Livy Iustin Plinie Strabo Plutarch Dionysius Hallicarnassaeus Diodorus Siculus Pausanias Solinus Alexander ab Alexandro Hermannus Schedell Herodotus Boëmus Pomponius Mela forecited and generally by all Historians Chronologers Antiquaries Lawyers Politians whatsoever but directly averred and proved by Franciscus Hotomanus a famous Lawyer in his Franco-Gallia c. 1. 6. 10 13. the Author of De Iure Magistratus insubditos Quaest 5. p. 239. 240 c. Thomas Garzonius Emporij Emporiorum Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers Illustrium 12. n. 133. 59. n. 8. 61. n.
them the chiefe places and offices as they doe in the Realm of Naples Sicilie Millaine at the Indies and in other Countries which are subject to the Kings command being also moved thereunto by the riches of the said Countries well knowne to the most of them the said councell or some of the chiefe of them have oftentimes given the King to understand That for his Maiesties 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 Seigniory of the said Countries had sworn to observe The King of Spain following this counsell hath sought all meanes 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 chiefe and greatest Townes indowing them with the richest Abbeyes adding to every Bishop nine Chanons to serve him as Councellors 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 voyce in the assemblies of the Estates of the Country And by the adiunction of the said Chanons had brought in the Inquisition of Spain the which had also bin so abhorred and so odious in these Countries even as slavery it selfe as all the world doth well know So as his Imperiall Maiesty having once propounded it unto these Countries upon due information given unto His Maiesty ceased from any more speech thereof shewing therein the great affection which he bare unto His Subjects Yet notwithstanding divers Declarations which were made unto the King of Spain as well by the Provinces and Townes in particular as by some other of the chiefe Noblemen of the Country namely by the Baron of Montigny and afterwards by the Earle of Egmont who by the consent of the Dutchesse of Parma then Regent of the said Countries by the advice of the Councell 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 hee would provide for the contentment of the Country yet that he had since by his letters done the contrary commanding expresly and upon pain of his indignation to receive the new Bishops presently and to put them in possession of their new Bishopricks and incorporated Abbeyes to effect the Inquisition where they had begun to practise it and to observe the Decrees and Canons of the Councell of Trent the which in divers points doe contradict the priviledges of the Countrey 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 alwayes borne unto the King and to his predecessours For they called chiefly into consideration that the King not onely pretended to tyrannize over their persons and goods but also upon their consciences whereon they held themselves not to be answerable nor bound to give account to any one but to God only For this cause and for the pitty they had of the poor people the chiefe of the Nobility did in the yeare 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 shewing the love and affection which as a mild and mercifull Prince he bare unto his Subjects to moderate the said points and especially those which concerned the rigorous Inquisition and punishments for matters of Religion And to informe 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 Countrey and for the maintenance of peace and tranquility to abolish and disannull those innovations and to moderate the rigour of publike Edicts for matter of Religion the said Marquesse of Berges and Baron of Montigny at the request of the said Lady Regent the Councell of Estate and the Generall Estates of all the Countries went into Spain as Embassadors 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 Countrey by the perswasion and advice of the Councell of Spain hee 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 himselfe to be fully assured of the Countrey by the Forces of the Duke of Alva and to have reduced them under his full power and subiection he had afterwards against the Lawes of Nations the which have been in all ages inviolably observed yea among the most barbarous and cruell Nations and most tyrannous Princes imprisoned and caused the said Noblemen Embassadors to be put to death confiscating all their goods And although that all this alteration which had hapned in the yeare 1566. upon the foresaid occasion was in a manner pacified by the Regent and her councell and that the greatest part of them which had presented themselves unto her for the Liberty of the Countrey were retired or chased away and the rest brought under obedience yet not to lose the opportunity which the Councell of Spain had long expected as it appeared plainly the same yeere 1566. by Letters intercepted which were written by the Embassador Alana to the Duchesse of Parma to have meanes under some pretext to overthrow all the priviledges 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 councell of the said Spaniards shewing therein the small affection which he bare unto his Subiects of these countries contrary unto that whereunto he was bound as their Prince protector and good Shepheard sent into these countries the Duke of Alva very famous for his rigour and cruelty and one of the chiefe enemies of these countries with a councell of the same Humour and disposition And although that the said Duke of Alva entred with his Army into this countrey without any let or opposition and was received of the poore Inhabitants with all reverence and Honour expecting all mildnesse and clemencie according unto that which the King had so often promised by His Letters fainedly written yea that He was resolved to come himselfe in person into the Countrey and to order all things to every mans content the said King having besides all this at the very instant of the Duke of
and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and in regulating the Kings own meniall 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 royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them party because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to save their Purses or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall 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 Assessements hope to save their purses for the present or to gaine 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 publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statues De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and justice This Objection seems very plausible and cordiall to covetous Earth-worms being politikely 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 as to the Parliament and recoyle with infinite disadvantage on those that make it First then I answer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obliged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale 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 Lawes and enacting new ones every Sessions as there is occasion for the publike 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 forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour 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 inferiour 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 generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Histories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone these Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit the making of a Law against or to restrain it selfe being cleare out of the originall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiour Courts only within them they can no way extend to the Parliament but to them alone 3. The Parliament ever since the making of these Acts hath alwayes 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 temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Taxes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall 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 himselfe his Officers Judges or inferiour Courts of Justice can doe 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 wayes limited or restrained by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Nor We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye
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 Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred 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 Registring 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 jusjurandum 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 polliceor juro quod omnes possessiones honores jura Romanae Ecclesiae proposse meo bona fide protegam ipsam ad eas retinendas bona fide juvabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero fine fraude defensor quaecunque and manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravennae Pentapolis Marchiae Ducatus Spoletanus terra Conitissae Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes pro posse meo restituam quietè dimittam cum omne jurisdictione districtu honore suo Veruntamen cum adrecipiendam Coronam Imperij vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero demandato summi Pontificis ab illis terris praestationes accipiam Praetereâ— adjutor ero ad retinendum defendendum Ecclesiae Romanae REGMVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorificentiam exhibeo quam devoti Catholiâ—â— Imperatores consueverunt Sedi Apostolicae exhibere Stabo etiam ad consilium arbitrium tuum de bonis consuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si propter negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subeniam ei sicut necessitas postulaverit in expensis Omnia vero praedicta tam juramento quam scripto firmaho cum Imperâ—â— Coronam adeptus fuero Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcij Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continuer or the History of Matthew Parts observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warreupon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretur inter Regem Angliae Barones ventum est adistud ut Rex proceres se submitterent ordinationi Parliamenti Regis Francâ—ae in the time of Saint Lewis in praemissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populo pene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoc 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 Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repasted back into England after the Parliament as the same Monk speaketh Thus Favino in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History 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 affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded helding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regenâ—â— which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellers he should entertain c. with many other such bigge words After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Parliament in generall complained much of this Decree the kings learned Councell 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 Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reigne After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled 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 sundry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellors of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suffer such good and loyall subjects to
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 theef But on the contrary the people have a right of perpetuall 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 onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe 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 kingdome or hath offered violence to the Nobles should think that what ever â—e lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde 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 adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage 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 chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare 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 doe it shall tolerate it He hath many other pertinent passages to the same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe 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 Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his late Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws 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 himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintaine by Commandment in a case of Jewels That the Kings of this Realme were not above the Order of their Laws and therefore the Jeweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii in sixe speciall Books to this purpose by Justus Eccardus de Lege Regia Thomas Garzonius Emporii 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. Ioannis Mariana de Rege Regis Instit l. 1. c 9. an excellent discourse to this purpose Petrus Rebuffus Praefat. ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1. p. 108 109 part 2. 192 c. Buckanon de Iure Regni apud Scotos passim Iunius 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. â—3 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elswhere De Iure 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 Iure Belli l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have professed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Autiochus 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 Emperour
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 armes If therefore those who represent the people perceive any thing to be done against the Republike by force or fraud let them first admonish the Prince neither may they expect till the mischiefe grow heavie and acquire forces Tyranny is like an heptick Feaver which at first is easie to be cured difficult to be discerned afterward it becomes easie to be known but very difficult to be cured Therfore 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 onely 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 onely a crime but the head and as it were the heap of all crimes A Tyrant subverts the Republike makes a prey of all lyeth in wait for the life of all violates faith to all contemnes all the Religion of a sacred Oath Therefore is he so much more wicked then any Theefe murtherer 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 paines of death can any one invent a punishment worthy so horrid a crime Moreover wee have proved that all Kings receive their Royall Dignity from the people that all the people are better and higher then the King that the King is onely the superiour minister and Ruler of the kingdome the Emperour of the Empire but the people are the true head Therfore 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 Becoms a Rebel and therfore falls into the danger of the same Lawes and demerits more grievous punishments Therfore saith Bartolus he may be deposed by a Superiour or be most justly punished by the Julian Law for publike violence Now all the people or those who represent them as Electors Palatines Nobles the Assembly of the Estates c. are his Superiour But and if he shall proceed so farre that he cannot be expelled but by armed violence then verily it shall be lawfull for them to call the people to Armes to raise an Army and to practise force policy stratagems as against an adjudged enemy of his Country and of the Common-weale 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 followes that the cause of one is just the other unjust That cause must verily be just which defends the Laws which protects the common good which shall preserve the Realme especially by this meanes contrarily that cause is uniust which violates the Laws defends the breakers of the Lawes protects the subverters of the Countrey That is iust which will destroy tyrannicall government that uniust which would abolish iust government That lawfull which tends to the publike good that unlawfull which tends to the private Therefore saith Thomas because a tyrannicall kingdome which is not ordained to the common good but principally for the benefit of the Governour is most uniust therefore the disturbance of this Kingdome Hath not the reason of Sedidition nor doe they fall into the crime of Treasor This crime is committed against a lawfull Prince Now a lawfull Prince is nothing but a living Law therefore he who kils the Law as much as in him lyeth 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 Common-wealth but because the Repub. is there only where the authority of the Law prevailes not where the private lust of a Tyrant swalloweth the Republike a Tyrant shall be guilty of that crime which offends the publike Maiesty those be Vindicators of the Republike who shall oppugne a Tyrant Ex Officio supported with their own authority Neither in this case I say doth every one but all the Subiects 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 mutuall reciprocal Obligation he promiseth that he will be a iust 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 it selfe Therefore the King is perfidious if he reign uniustly the people perfidious if they obey not him who reignes iustly But the people are free from all crime of perfidiousnesse if they publikely renounce him who reignes uniustly or if they endeavour to evict him with Armes who desires to retein the kingdome unlawfully Therefore it is lawfull for all or many of the Officers of the Realme to remove a Tyrant Neither is it onely lawfull but it lyeth so upon them of duty that unlesse they doe it they can no way be excused Neither may Electors Palatines Senators and other Nobles think that they were created and instituted onely for that end that they should shew themselves once peradventure in the Kings inauguration attired after the ancient manner that they might act a certain palliated Fable or put on the person of Rowland Oliver Renald and other Nobles on that day as if in a Scene they should in some shew 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 created a King in a Play but rather of Nobles Magistrates who as they are called unto part of that honor so likewise of the burthen and shew that the Republike is committed and commended to the King as to the supreme and chiefest Tutor so also to them as fellow Tutors 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 in what manner he reverseth so even these that they might observe the King who as to his tutelary providence is onely reputed in the place of a Lord that he doe nothing to the detriment of the people Therefore as the fact of him who acts the Gardian is
imputed to the Co-gardians unlesse where they ought and are able they suspect and likewise take care to remove him to wit when he communicates not the administration with them if he doe not faithfully manage the tutelage or care if he admits fraud if he doth any thing sordidly or perniciously to the Pupill if he intercept any of the Pupils goods if he become an enemy to the Pupill finally if he be over rude sloathfull unskilfull c. So even the Nobles shall be held guilty of the Princes deed unlesse they remove or prevent his tyranny or supply his sloathfulnesse with their vigilance and diligence Finally as oft as the Gardian doth not doe in the name of the Pupill that which any fit Master of a family would doe he may not seeme 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 housholder but the Enemy the Nobles may and ought to act against him since they are bound by his deed no lesse then by their owne Moreover the Nobles may consider that the King in governing the Republike 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 Republike they may not connive for it is committed to them as well as to him and in such sort truly that not onely they themselves ought rightly to execute their office by themselves but to containe the Prince within the bounds of his office Finally as the King promiseth that he will take care of the benefit of the Commonweale so also doe they Therefore if he breakes his oath they may not thinke that they are absolved from theirs no more then Bishops if the Pope should defend heresie or destroy the Church yea they should thinke themselves so much the more obliged to performe their oathes 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 Republike from the tyranny of tyrants as finally they become Patrons Defenders little Kings if they by all meanes protect and defend the Republike which they have undertaken to protect These things though they are sufficiently firme of themselves yet they may be demonstrated by examples The Canaanitish Kings who oppressed the people of Israel with hard servitude as well corporall as spirituall interdicting them both commerce and armes 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 Debora who routed the army of Jabin and by that meanes freed the people from tyranny This was not verily because it was lesse lawfull to the ordinary Magistrates and Princes of the Tribes and the rest to doe it but Debora rather objecteth their sloathfulnesse and carelesnesse to them and curseth some of them for this cause But truly God pittying his people extraordinarily supplyed the negligence of ordinary officers Rehoboam the sonne of Solomon refuseth to ease the people of unnecessary Tributes being intreated to doe it in a generall Assembly of all the people he groweth insolent and assisted with the counsell of flatterers even arrogantly threatens more grievous burdens No man doubts but that according to the covenant first made betweene the King and people the Nobles might have restrained this pride But the sinne was in this that they did by secession which was to be done in the Assembly and did a just and lawfull thing unjustly Frequent examples of this thing occurre in other Kingdomes he instanceth in Tarquin the proud expelled by Brutus and Lucretius who confiscated his goods and would have publikely sentenced himselfe had they apprehended his person because he consulted not with the Senate as former Kings usually did because he made warre peace and truces at his pleasure without the Senates and peoples advice violated the Lawes which he should observe and neglected the covenant established betweene the King and people in Nero the Emperour publikely sentenced by the Senate Vitellius Maximinus and the speech of Trajan forecited Likewise the French by authority of a publike Councell through the care of the Kingdomes officers expelled Childericke the first Sigibert Theodoricke Childericke the third from the Crowne for their tyranny and set up others of another stocke in their places Yea for sloathfulnesse negligence madenesse as also for injuries to Forrainers and yeelding to the impotencie or lust of flatterers or women they have deposed some and as it were taken away the reines from Phaeton lest all men should be burnt with the same fire as Theodoricke for Ebroines sake Dagobert of Plectrude and Theobald his Mignions 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 sloathfull Prince domineered or finally whether he himselfe were a Devill or possessed by the Devill himselfe Thus not long since they compelled Lewes the eleventh a most imperious Prince to receive 36. Governours by whose counsell he was bound to governe the Republike Yea what other right had either the Carlingi adopted into the Kingdome in place of the Meruingi or the Capets who at this day hold it preferred before the Carlingi by the Decree of a publike Councell but from the people represented as it were in an Epitome by the Councell of the Realme which they call an Assembly of the three Estates who might lawfully of right both depose those and by their owne authority establish these in the Throne In the same manner we read Adolphus deprived of the German Empire An. 1296. because corrupted with mony he had made war with France in favour of the English and Wenceslaus An. 1400. although these may be called not so well evill as lesse good Princes Thus in the Realme of England Edward the second for his tyranny to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queenes request adjudged unworthy of his Crowne by the Parliament Not long since Christierne in Denmarke Ericus in Sweden Queene Mary very lately in Scotland were deprived which Histories worthy credit testifie hath beene frequently done in the Kingdome of Poland Hungary Spaine Portugall Bohemia and the rest But what concerning the Pope himselfe The Cardinals they say because they have chosen him or if they doe not their duty the Patriarks who are Primates next after the Cardinals may against his will for certaine causes call a Councell and in it judge the Pope if he shall scandalize 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 Councell and the like and de facto we
imposing tribute without doubt Hezâ—kiah especially at that season wherein the Assyrians enjoyed the Empire of the world would have contained himselfe But we see that he invited by posts all Israel the subjects I say of the King of Assyria to celebrate the passeover in Jerusalem and moreover that the godly in Israel helped them in pulling downe 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 onely his owne Kingdome but the Realme of Israel likewise then wholly subject to the King of Assyria from the worship of Idols Verily where the glory of God where the Kingdome of Christ are in question no limits no bounds no railes ought to exclude or keepe off the zeale of pious Princes But if peradventure some greater feare hangs over their heads they may remember by the example of these that those who truly feare the Lord can feare no man These examples of pious Princes since the time that the Church which was first circumscribed in Palestina hath beene spread over all the world many Christian Princes have followed Constantine and Licinius were both Emperours he of the East this of the West they were likewise colleagues endued with equall power Now it is known what is commonly spoken That one equall hath no Empire over another equall Yet notwithstanding Constantine made warre 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 obtaines 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 sonnes by equall 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 beene kept it ought to have beene betweene brethren Yet in the meane time Constans threatned his brother if he restored not Athanasius being ready to doe it by force unlesse Constantius had speedily restored him intirely Now if so be he doubted not to doe this onely for the restoring of one Bishop might he not much more justly doe 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 perswasion of Bishop Atticus undertook a warre against Chosroes King of Persia that he might releeve the Christians persecuted for Religion sake although they were truly privat men which surely those most just Princes who enacted so many Lawes 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 Lawes of Nations had beene violated Yea to what end were so many expeditions of Christian Princes into Syria against the Saracens to what end were those Saladinian Dismes so oft imposed to what end so many sociall warres against the Turkes so many Crossadoes indicted against them if it be not lawfull 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 warre with what reasons were they urged unlesse 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 armes all which likewise doe plainely suite with this our cause Now and if this were lawfull for them against Mahomet yea not onely lawfull but likewise as a reward was appointed to the industrious so a punishment both to the sloathfull and delayers why not also against the enemy of Christ If I say against the Graecians 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 Turkes compell no man to it is it not much more so to manumit the soules of miserable men and to restore them to liberty And verily these so many examples of pious Princes may be insteed of a Law But now heare what God himselfe 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 halfe Tribe of Manasses desire of Moses that their portion might be given to them and their families on this side Jordan and Moses truly gave it them but with this Law and condition that they should not onely helpe their brethren the other Israelites in conquering the Land of Canaan but because they had first obtained their portion that they should goe before them and be placed in the forefront of them Which if they should not doe he accurseth them smites them with anathema and compares them to those who had beene judged Rebels at Cadesbernea For what saith he shall your brethren goe to warre and you in the meane time sit still here But rather you shall passe over Jordan neither shall you returne againe 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 when the great and good God hath bestowed so great a benefit unlesse they assisted their Brethren unlesse they were companions of their labours unlesse 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 armes against the Tyrant Jabin and in the meane time the Tribe of Reuben which ought to be first in Armes delighted themselves with the Pipes among the Pastures of the flockes Dan boasted of the Empire of the Sea Asher finally trusted in the asperity of Mountaines all of them are most expresly condemned by the Spirit of God speaking by the Prophetesse Curse ye Meroz saith the Angel of the Lord curse ye bitterly the Inhabitants thereof because they came not to the helpe of the Lord against the mighty 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 shee slew Sisera the Captaine of the enemies Hoast Therefore piously spake V riah The Arke and Israel and Judah abide in tents and oft times passe the night without sleepe in the open fields shall I then feast
justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance if the Netherlands and other Protestant States both in Quaene Elizabeths King James and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perfidious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest dangers the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes Liberties Countrey Parliament yea your very selves your soules bodies and posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Judg. 5. 23. Consider the fatall dismall end of treacherous Judaâ— Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Jesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of 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 Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially maintaine the very truth of God the Gospel of Christ and which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be superlatively miserable and grievous that eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote and propagate Religion Lawes liberties and the publike welfare here