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cause_n	court_n	king_n	law_n	5,153	5	5.1808	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91185	The fourth part of The soveraigne povver 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 safety; 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 supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / By William Prynne, utter-barrester, of Lincolnes Inne. It is this tenth day of July, ordered ... that this booke .... be printed by Michael Sparke senior. John White.; Soveraigne power of parliaments and kingdomes. Part 4	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Comomns.	1643 (1643)	Wing P3962; Thomason E248_4; ESTC R203192	339,674	255

own wisdome And to doe nothing without the advice of the High-Priest and Senate and that if he multiplyed horses and mony more then was fitting They might res●st him lest he became more potent then was expedient for their affaires Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Iewes Thus the Prophets who grievously offended were no where else punishable but in this Assembly which Quod summae potestatis est as it is an Argument of The Supremest power did both constitute the King ac de Bello gerendo deque hostibus profligandis de proferendo Imperio del●beraba●t Sed quoniam haec ejusmodi erant in quibus salus omnium summae Reipublicae vertebatur Consultatum de his plerumque cum populo est indictae enim Comitiae sunt in quibus solis populus partem aliquam caperet regendae reipublicae c. De Rege igi●ur deque Bello ut dixi decreta facta interdum Populi auctore sunt Caetera omnia Senatores Sanhedrin Per se expedivere So that the Sanhedrin and Congregation of the people were the highest Soveraigne power and principall determiners of publike matters concerning warre and peace by Cunaeus his resolution Who debating this weighty controversie What the Scepter of Iudah was prophesied of Gen. 49. 10. and what and whose the Majesty of the Empire was determines thus I suppose the Scepter to be nothing else but the Majesty of the Empire or Government to wit that Quae ipsi Reipublicae assidet which belongs to the Republike it selfe Wherefore whos 's the Republike is the Scepter ought to be said theirs Now the Hebrew Republike from Moses his time till the Kingdome of Rehoboam was not of the Iewes or tribe of Iudah but of the twelve Tribes from whence it followes that even the Scepter for all those times was of all the Israelites Now of this Scepter which was long common to all the twelve Tribes the divine Patriarke spake not in that most famous Oracle for he looked at latter yeares and future ages when as the Tribe of Iudah the people being divided into contrary parts began to have its Republike apart from the Israelites which God approved and loved and would have to be called Iewish from the Tribe of Iudah alone untill hee to wit Christ should be given to the assemblies of men to whom not onely the Empire of the Iewes but Gentiles also was destinated And verily this Majesty of the Scepter from the time it once began to be of the Iewes we say continued to be theirs although the state of the Commonweale was sometimes changed and the soveraignty of the Empire was sometimes in the Elders and High Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Gloriari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not equall would come into the friendship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean L●vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last ●aith that That is Treason which is committed against the Roman People or against their safety l. 1. s 1. F. ad Legem Iul. Majest Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocrcie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they ●ad not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant

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 D●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

power to pardon any Delinqu●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 P●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 le●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 S●ll● 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 ●07● 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

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 Bertrā 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. ●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

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 Iud●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.

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

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

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 ●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. ●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

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 Juda● 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