sit with the Lord of the Fee as Peers but likewise heard the Causes oft times between the Superiour Lord and his Vassall We likewise see these Senators of France to have oft times judged between the King and Subjects so that when Charles the 6. would have pronounced sentence against the Duke of Britain they withstood him and said THAT THE IVDGEMENT WAS NOT THE KINGS BVT PEERS FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING Hence even at this day the Parliament at Paris which is called the Court of Peers or Senators is in some sort constituted a Iudge between the King and People yea between the King and every private man and is bound as with an obligation to right every one against the King Procurers if he invades any thing against Law Besides if the King determines any thing or makes any Edict at home if he make any compact with neighbour Princes if any Warre be to be waged if any Peace be to be made as of late with Charles the fifth The Parliament ought to approve and bée Authour of it and all things which appertain to the Common-wealth ought to be registred among its acts which verily are not ratified untill they shall be approved by it Now that the Senators might not fear the King heretofore none could be preferred into that Order but such who were nominated by the Senate neither could they Lawfully be removed but by its Authority for a lawfull cause Finally even the Kings Letters unlesse they be subscribed by the Kings Secretary and rescripts unlesse they be signed by the Chancellour who hath a power of cancelling have no authority There are likewise Dukes Marquesses Earles Vicounts Barons Castellanes also in Cities Maiors Deputies Consuls in Sindeches Auditors and the like to whom some particular Region or City are severally commended that they may defend the People so farre forth as their jurisdiction extendeth although some of these dignities at this day are reputed Hereditary And besides this yearly heretofore at leastwise as often as necessity required there was held an Assembly of the three Estates wherein all the Countries and Cities of any note did send their Deputies namely Commons Nobles Ecclesiasticks in each of them apart where they publikely determined of those things which appertained to the Republike Now such was evermore the authority of this Assembly that not only those things which were therein accorded were reputed sacred and holy whether Peace were to be concluded or War to be waged or the Guardianship of the Realm to be committed to any one or a Tax to be imposed was there concluded but even Kings themselves for their luxury slothfulnes or tyrannie were thrust into Monasteries by their authority even all their Ofsprings deprived of the succession of the Kingdom no otherwise then at first when as they were called to the kingdom by the peoples authority verily those whoÌ„ consent had advanced dissent did pull down again those whom imitation of paternall vertues had as it were called into that inheritance a degenerate and ungratefull minde as it had made then uncapable and unworthy so it did make them to be disinherited From whence verily it appears that succession truly was tolerated to avoid competition succession an interregnum and other incommodities of Election but truely when greaâ—er damages would follow where Tyranny should invade the Kingdom where a Tyrant the Throne of a King the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King and of deducing him to his Kindred and of substituting a good King in his place Verily peradventure the French received this from the Gauls Caesar in the fifth Book of the Gallic War being the Author For Ambiorix King of the Eburoni confessed that all that time the Empires of the Kings of Gallia were such that the people duely assembled had no lesse authoritie over the King then the King over the people which also appears in Vercingetorix who pleaded his cause before an assembly of the people In the Kingdoms of Spain especially in Valentia and Catteloigne of the Arragonians it is even thus for the Soveraignty of the Realme is in the Justice of Aragon as they call it therefore the great men who represent the people fear not to tell the King in direct terms both in his very Coronation it self and likewise every third year in the generall assembly of their Estates Tantum valemus nos quantum vos We are as powerfull as you but the Iustice of Aragon is above us both who rules more than you Yea oftentimes what things the King hath asked what he hath injoyn'd the Iustice hath prohibited nay he never dares to impose any tribute without the authority of that Assembly In the Realms of England and Scotland the Supreme power is in the Parliament usually wont to be held almost every year Now they call a Parliament the Assembly of the Estates of the Realme where the Bishops Earls Barons Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs whose authority is so sacred that what things soever it shall once establish it is unlawfull or a wicked act for the king to abrogate Likewise all the Officers of the Realme are wont to receive their Offices from that Assembly and those who ordinarily assist the King or Quéen in Councell In brief other Christian Kingdoms as Hungary Bohemia Denmarke Sweden and the rest have all their Officers of the Realm or Consuls of the Royall Empire who by their own Authority have sometimes used even to depose their Kings themselves as Histories teach or fresh memory sufficiâ—ntly manifests Neither is there verily any cause that we should think the Royall Authority to be thereby deminished or that Kings should hereby suffer as it were a diminution of their heads Truly we deem not God the lesse potent for this because he cannot sin by himself nor his Empire more restrained because it cannot be ruined nor grow worse therefore not a King if that he who may offend by himself be sustained or kept from sinning by anothers help or if peradventure he had lost any Empire by his own negligence or fault that he may retain by anothers prudence What do you think any man lesse healthy because Phisitians â—it round about him who dehort him from intemperance who interdict him the eating of hurtfull meats who likewise oft-times purge him against his will and resisting Or whether doest thou think those Phisitians who take care of his health or flatterers who obtrude the most unwholsome things to be more his friends Therefore this distinction is altogether necessary to be adhibited Some are friends of the King others of Caesar those are friends of Caesar who serve Caesar those friends of the King or Emperour who serve the Kingdom For since any one is called a King for the Kingdoms sake and the Kingdom consists in the people but the Kingdom being lost or decayed the King must altogether
the Warre and came to David to Hebron to TVRN the Kingdome of Saul TO HIM and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING Whose title to the Crown being afterward shaken by his sonne Absalom who cunningly usurped it and that by the election of the people too as is evident by Hushai his speech unto him 2 Sam. 16. 18. Nay but whom the Lord and THIS PEOPLE AND ALL THE MEN OF ISRAEL CHOOSE his will I be and with him I will abide compared with 2. Sam. 29. 9 10. And all THE PEOPLE were at strife thorow all the Tribes of Israel saying Absalom whom WE ANOINTED OVER VS is dead c. A cleare evidence the kingdome was then held elective and that the people had the Soveraign power of electing and creating their kings all the people throughout all the Tribes of Israel and the men of Iudah to re-establish David in his Throne being fled out of the Land sent this Message to him Returne thou and all thy servants Whereupon the King returned and all the Tribes went as farre as Iordan to meet and bring him back again to Gilgal David growing old his son Adonijah against his consent accompanied with some great Officers and Courtiers of his party usurped the Crown and was by them saluted King but David hearing of it by Gods election and choise commanded Solomon though not his eldest sonne to be annointed and proclaimed King and to sit upon his Throne in his life time As soon as he was anointed and the Trumpet blew ALL THE PEOPLE said God save king Solomon And ALL THE PEOPLE came up after him and piped with fluits and rejoyced with great joy so that the earth rent with the sound of them So that all Adonijah his company forthwith deserted him and he and Ioab were glad to flee to the hornes of the Altar for shelter After which David assembled all the Princes of Israel the Princes of the Tribes the Captaines of Companies thousands and hundreds the Stewards Officers and mighty men with all the valiant men of his kingdome to Ierusalem then he declared to all the Congregation that God had chosen Solomon to sit upon the Throne of the kingdome of the Lord over Israel and to build him an house c. exhorting them to contribute liberally towards this building which they did and when they had blessed the Lord and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the sonne of David KING THE SECOND TIME AND ANOINTED HIM unto the Lord TO BE THE CHIEFE GOVERNOVR his first Coronation being but private without the presence and consent of the whole Realme but of those only then present in Ierusalem Then Solomon sate on the Throne of the Lord as king instead of David his Father and ALL ISRAEL OBEYED HIM and all the Princes and mighty men and likewise all the sonnes of David submitted themselves to him as their king after he was thus generally elected and crowned king the 2. time by all the Congregation And after Davids death he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him From which History of Solomon it is cleare 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation yet hee thought that title not sufficient without a second Election admission and Coronation of him by all the People and generall Congregation 2. That till this his second inauguration by all the people he was not generally acknowledged nor obeyed by all as their lawfull king 3. That Gods and Davids designation of Solomon to the Crown did not take away the peoples liberty right and power freely to nominate make and choose their kings their preuious designation being thus accompanied with this tacit condition that the people likewise should freely elect constitute and crown him for their king else what need of this their subsequent concurrent acceptance and second coronation of him for their king by all the congregation if their consents and suffrages were not necessary or how could he have raigned over them as their lawfull king had not the people generally chosen accepted admitted him for their Soveraigne Solomon deceasing Rehoboam his eldest sonne went up to Sechem what to doe not to claime the crown by discent from his Father but by election from the people as the following History manifests FOR ALL ISRAEL were come to Sechem TO MAKE HIM kING if to make him king then he was no king before they had made him as many Divines most sottishly averre against the very letter of the Text and Iosephus who writes That it pleased the Assembly of the Israelites there held that HEE SHOULD RECEIVE THE kINGDOM BY THE IEOPLES CONSENT And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam saying Thy Father made our yoake grievous now therefore make thou the grievous service of thy Father and his heavy yoake which he put upon us lighter AND WE WILL SERVE THEE because naturally subjects delight in mild Kings who will somwhat descend from their altitudes saith Iosephus This was the condition they propounded to him before they would accept him for their king and upon this condition only would they admit him to reigne over them therefore doubtlesse the disposall of the Crown and limitation of the kings royall power resided in all the congregation who had authority to prescribe their kings what equall and just conditions they pleased And he said unto them depart yet for three dayes then come again to me and the people departed Hereupon Rehoboam consulted with the old men that stood before Solomon his Father while he lived and said how doe you advise that I may answer this people And they spake unto him saying If thou wilt be A SERVANT unto this people this day and wilt SERVE THEM and answer them and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER But he forsooke the Counsell of the old men which they had given him and consulted with the young men that were grown up with him and which stood before him and following their ill advise when Ieroboam and all the People came to Rehoboam the third day as he had appointed the King answered the people roughly and forsaking the old mens Counsell he spake unto them after the Counsell of the young men saying My Father made your yoake heavy and I will adde to your yoake my Father chastised you with whips but I will chastise you with scorpions Wherefore the King HEARKNED NOT UNTO THE PEOPLE for the cause was from the Lord c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THE ME the People answered the King through indegnation with one voyce writes Iosephus saying What portion have we in David NEITHER HAVE WEE INHERITANC IN THE SONNE OF IESSE that is we have
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 Iâ—rael And the Text expresly addes this memorable observation Wherefore the King hâ—â—rkned not unto the people for the cause was from the Lord that he might pâ—rform his saying which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebatâ— 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 peopleâ— 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 Aâ—ab 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 Lanâ— and â—aid 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 Elâ—ers and all the people said unto him Hearken not unto him nor consent Wherefore he said unto the messengers of Benhaded tell my Lord the King all that thou didst send for to thy servant at first I will do but this thing I may not do Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and Kâ—ng who returned no answer to this publike case without the congregations publik 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 of Israel For Hezekiah had taken counsell and his Princes and all the Congregation in Ierusalem to keep the Passeover in the second moneth for they could not keep it at that time because the people had not sanctified themselves sufficiently neither had the people gathered themselves together at Ierusalem and the thing pleased the King And all the Congregation So they established a Decrée to make Proclamation throughout all Israel from Bersheba even to Dan that they should come to keep the Passeover unto the Lord God of Israel at Ierusalem for they had not done it of a long time in such sort as it was written So the Posts went with the Letters from the King and the Princes throughout all Israel and Iudah c. vers 12. Also in Iudah the hand of God was to give them one heart to doe the Commandement of the King and of the Princes by the word of the Lord and vers 23. And the whole Assembly took Counsell to keep other seven dayes and they kept other seven dayes with gladnesse and All the Congregation of Iudah and Israel rejoyced vers 25. When all this was finished All Israel that were present went to the Cities of Iudah and brake the images in pieces and cut down the Groves and threw downe the high places and the Altars out of all Iudah and Benjamin in Ephraim also and Manasseth untill they had utterly destroyed them all Then all the Children of Israel returned every man to his possession into their owne City In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come and that he was purposed to fight against Ierusalem He took Councell with his Princes and his mighty men to stop the waters of the Fountaine which were without the City and they did help him and there was gathered much people together who stopped all the Fountaines c. Adde hereunto that notable Text Ier. 38. 4. to 28. Where when the Prophet Ieremy had prophecied that Ierusalem should be given into the hands of the King of Babylons Army which should take it Therefore the Princes hereupon said unto the King we beseech thee let this man be put to death for thus he weakneth the hands of the men of Warre that remain in this City and the hands of all the people in speaking such words unto them for this man seeketh not the welfare of this people but the hurt Then Zedechiah the King said Behold he is in your hand For the King is not he that can doe any thing against you And Ier. 26. 8. to 29. Now it came to passe when Ieremiah had made an end of speaking all that the Lord had commanded him to speake unto all the people that the Priests the
Crowne deposed him renounced their allegiance to him and set up his sonne King Edward the third in his Throne as you may reade at large in Walsingham Polychronicon Caxton Fabian Grafton Hollinshead Speed Stow Howes Daniel Mr. Fox and others who have written the History of his life In the yeare 1341. the 15. of Edward the third his reigne the Popish Lords Prelates and Commons in Ireland summoned a Parliament there by their owne authority without and against the Kings or Deputies consents wherein they framed divers Questions and Articles against the Kings Ministers there imployed which the Irish Annals record at large refusing to appeare at the Parliament there summoned by the Kings authority and Officers I reade in the Statute of 21 R. 2. c. 12. and our Historians have a touch of it That the Duke of Glocester and the Earles of Arundel and Warwicke assembled forcibly and in great number at Harengy and so came in such manner forcibly to the Kings Palace at Westminster arraied in manner of marre that the King might not then resist them without great perill of his body and destruction of his people so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our Lâ—dy the eleventh yeare of his reigne Which Parliament so begunne the said Duke and Earles in such forcible manner continued and in the same did give many and divers judgements as well of death of man as otherwise upon divers of the Kings liege people and did give judgement of forfeitures of lands tenements goods and cattels whereof they be convict of high Treason and also for certaine questions which were demanded by the King touching his estate and regality of certaine of his Iudges then at Notingham the same yeare And for their answers of the same given to the King upon the same questions the same Iustices were forejudged of their lives and judgement given against them of forfaiting their Lands Goods and Chattels and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will the summons whereof was made expressely against the right of the Kings Crowne and contrary to the Liberty and Franchese of his person and Royall estate Whereupon it was by this packed over-awed Parliament and Act annulled revoked and holden as none as a thing done without Authority and against the will and liberty of the King and the right of his Crown Yet it continued in full force for 10. yeares space during which time there were 8 Parliaments held which would not repeale it and by the Parliament in 1 H. 4. c. 3 4. this Parliament of 21 R. 2. was repealed with all the circumstances and dependants thereof the Parliament and Statutes of 11 R. 2. Revived and enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great honour and common profit of this Realme After this in the 23 yeare of King Richard the third when he had yeelded himselfe prisoner to Henry Duke of Lancaster the Duke comming with him to London sent out summons for a Parliament to be holden the last of September in the Kings name sore against his will and enforced him first to resigne his Crowne unto him and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament for certaine abuses in his Government objected against him The whole manner of which resignation deprivation and proceedings you may reade at large in our Histories These Popish Prelates Lords and Commons enforcing their Kings to summon all these Parliaments with others which I pretermit might seeme to have some legall colour from the ancient Law of King Alfred who in an assembly of Parliament Enacted this for a perpetuall Custome That a Parliament should be called together at London TWICE EVERY YEARE OR OFTNER in time of Peace to keepe the people of God from sin that they might live in peace and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. 36 E. 3. c. 10. backing this ancient Law which enact That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happen a Parliament shall be holden EVERY YEARE ONCE and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffectual if these Kings who were obliged by their Coronation Oathes to observe them refusing to call a Parliament as often as there was need or at least once every yeare according to the purport of these Lawes might not be constrained by their Nobles Prelates people to summon them in case they peremptorily refused to call them of their owne accords or upon the motion or petition of their Counsell Lords and Commons Whereupon in the Bill newly passed this Session for a Trienniall Parliament for time to come there is speciall provision made how the Parliament shall be summoned and convented by the Lords Commons and great Officers of the Realme themselves without the Kings concurrent assent though by his Writ and in his name in case of his neglect or wilfull refusall to summon one within that time Neither is this a thing unusuall in other parts In the Generall Councell of Nice An. 363. Canon 5. it was decreed That a Councell should be held TWICE EVERY YEARE in every Province to regulate the affaires and abuses of the Church The Councell of Antioch Can. 20. appoints two Councels to be held every yeare in every Province the one the third weeke after Easter the other upon the 15. of October to heare and determine all Ecclesiasticall causes and controversies And in the 1. Councell of Constantinople Can. 3. The Councell of Africke Can. 18. Pope Leo the first in his Decretall Epistles Epist. 4. c. 17. The Counsell of Chalcedon Can. 19. the third Counsell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Counsell of Toledo under King Sisenandus An. 681. The Greeke Synods Collected by Martin Bishop of Bracara cap. 18. the second Counsell of Aurelia Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towres Can. 1. the fifth Counsell of Aurelia cap. 22. the Counsell at Hereford under King Egfred An. 670. in Beda's Ecclesiast Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles lib. 7. Registri Epist. 110. the sixt Counsell of Constantinople Can. 8. the Counsell of Antricum Can. 7. the Counsell of Maseon Can. 20. Pope Gregory the third his Decretall Epistles The Synod of Suessons under King Childeric the Counsell under King Pepin at the Palace of Vernis An. 755. cap. 4. The Counsell of Paris under Lewis and Lothaire An. 829. l. 3. cap. 11. The Counsell of Melden An. 845. cap. 32. With sundry other Counsells decree that a
Liberty Justice and the whole Realme would ensue If any therefore cavill at the Act for continuance of this Parliament till both Houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for fifty dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliament Prelates Lords and Commons in former times have claimed and exercised farre greater Priviledges and Jurisdictions than this or any other Protestant Parliament hath hitherto claimed or practised which I hope will forever silence the clamourous tongues of all ill Counsellours Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yet moderate proceedings themselves alone have beene the occasions and therefore of all others have least cause to complaine against them BUT to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly said to be the Highest Soveraigne power of all others and above the King himselfe which because it may seeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and Iurisdictions of our High Court of Parliament now so much undervalued because not really known to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons and Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that the Court of Parliament hath a lawfull power to question all the Kings Patents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischievous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite precedents in this and all foremer Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Justice within the kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne Royall Charters Writs Commissions Patents c. though ratified with the Great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Justice is superiour to the King This is Bractons resolution l. 2. c. 16. f. 34. a and Fletaesl 1. c. 17. Where they affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts Charters legally and judicially even against his personall though not legall Will which is the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supreamest and most proper Judge and its resolution from which there is no appeale to any higher tribunall shall finally binde not onely all the Subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney Forest-Bounds Marshall Law Pressing and Billetting Souldiers Imprisonment by speciall Command of the King or his Privy Counsell Tonnage and Poundage Knight-hood and Taxes the Commission of Array and the like which obliege both King and Subject the King in receiving justice in such cases being subject to the Law as well as the meanest of his Subjects as Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens in cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse be the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because warranted by the Law which is Paramount the King as Bracton Fleta Fortescue King Iames Edward the Confessor yea and Aristotle resolve may be tâ—uely said to be above the Kings person which they binde but not above the Parliament which by its superlative power may examine all judgements and verdicts in other Courts by way of error or appeale and reverse them if there be cause when as the King in person cannot by law examine or reverse them but onely in his Courts of Justice by his Judges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall power in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the Statute de Praerogativa Regis The notable Parliament Roll of 1. H. 4. num 108. Where the Commons in Parliament grant the King that he shall be in as GREAT ROYALL LIBERTY as his Noble Progenitors were before him having formerly made the like Grant to King Richard the second who perverted it to the altering of the Lawes in many things as appeares by this Roll. 25 H. 8. c. 19 20 21. 26 H. 8. c. 1 3. 31 H. 8. c 9. 34 and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 4 E. 6. c. 11 12. 1 Eliz. 1 2. with sundry other Acts. Now that Parliamentary power which onely can create and conferre on Kings a greater regall Authority and Prerogrative than they had before must needs be the Originall and supreame Authority for as we rightly argue That the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative Body of the whole kingdome is the most Primitive Soveraigne and greatest Authority of all other yea larger and higher than the Kings because it onely can enlarge the Kings Prerogative all whose originall or additionall Royalties proceeded not from the King himselfe or his Ancestors owne inherent hereditary power for what King could justly without his peoples consents usurpe a Crowne or lawfull Royall Prerogative to himselfe over an whole Countrey but
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT and the Archb. of Canterbury thereupon makes there a Sermon on this Text Vox populi vox Dei exhorting the people to invoke the king of kings for him they had then chosen It was further ordered and agreed that during the Parliament time a solemne Message should be sent to the King to Kenelworth Castle where he was kept prisoner to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME but also to resigne unto him IN THE NAME OF THE WHOLE REALME all their homage that before time they had done him and to doe this message there was certaine select persons chosen by the Parliament namely the Bishops of Winchester Hereford and Lincoln two Earles two Abbots foure Barons two Iustices three knights for every County and for London the Cinqueports and other Cities and Burroughes a certaine chosen number with the Speaker of the Parliament whose name was Sir William Trâ—ssell who comming into the Kings presence told him That the Common-weale had received so irrâ— concileable dislikes of his government the particulars whereof had been opened in the Assembly at London that it was resolved never to indure him as King any longer That notwithstanding those dislikes had not extended themselves so farre as for his sake to exclude his issue but that with universall applause and joy THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE THE LORD EDWARD FOR KING That it would be a very acceptable thing to God willingly to give over an earthly kingdome for the common good and quiet of his Country which they said could not otherwise be secured That yet his honour should be no lesse after his resignation then before it was onely him the Commonweale would never suffer toraigne any longer They finally told him That unlesse he did of himselfe renounce his Crowne and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all homage and fealty would elect some other for king who should not be of the blood This message strucke such a chilnesse into the King that he fell groveling to the earth in a swoun which the Earle of Leicester and Bishop of Winchester beholding run unto him and with much labour recovered the halfe dead King setting him on his feet who being come to himselfe the Bishop of Hereford running over the former points concludes saying as in the person of the Commonwealth That the king must resigne his Diadem to his eldest sonne or after the refusall suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME The dolorous King having heard this speech brake forth into sighes and teares made at the last this answer to this effect That he knew that for his many sinnes he was fallen into this calamity and therefore had the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him as that they should utterly abhor his any longer rule and soveraignty and therefore he besought all that were there present to forgive and spare him being so afflicted That neverthelesse it was greatly to his good pleasure and liking seeing it could none other be in his behalâ—e that his eldest sonne was so gracious in their sight and therefore he gave them thanks for chusing him their King This being said then was a proceeding to the short Ceremonies of his resignation which principally conâ—isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King Thereupon Sir William Trussell the Speaker ON THE BEHALFE OF THE WHOLE REALM renounced all homage and allegiance to the said Edward of Carnarvan late King in these words following I William Trussell IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND AND OF ALL THE PARLIAMENT PROCURATOR resigne to thee Edward the homage that was sometimes made unto thee and from this time now forward I defie thee AND DEPRIUE THEE OF ALL ROYALL POWER I shall never be attendant to thee as King after this time After which King Edward the third being solemnly crowned proclaimed his peace to all his people in these words Edward by the grace of God King of England Lord of Ireland and Duke of Aquiâ—ane to N. N. our Sheriffe of S. greeting Because the Lord Edward our Father late King of England by THE COMMON COUNSELL AND ASSENT OF THE PRELATES EARLS BARONS AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM did voluntarily remove himselfe from the government thereof willing and granting that We as his eldest Sonne and Heire should take upon us the rule and regiment of the same and we with the counsell of the Prelates Earls and Barons aforesaid yeelding therein to our Fathers good pleasure and will have taken upon Vs the Governanse of the said Kingdome and as the manner is have received the Fealties and Homages of the said Prelates and Peeres We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed do will and command you that presently upon sight of these presents you cause Our Peace to be proclaimed throughout your Bayli-wick forbidding all and every one on Our behalfe under paine and perill of disinheritance and losse of life and limbs not to presume to violate or infringe Our said Peace but that every one pursue or follow his Actions and Complaints without any manner of outrage according to the Laws and Customs of Our Kingdome for We are ready and alwayes will be to administer full right to all and singular complaints as well of poore as rich in Our Courts of Iustice. The second President is that of King Richard the second who being taken prisoner by Henry Duke of Lancaster An. 1399. the Duke soone after on the thirteenth of September called a Parliament in the Kings Name wherein was declared how unprofitable King Richard had been to the Realme during his reigne how he subverted the Lawes pâ—lled the people ministred Iustice to no man but to such as pleased him And to the intent the Commons might be perswaded that he was an unjust and unprofitable Prince and a Tyrant over his Subjects and THEREFORE WORTHY TO BE DEPOSED there were set forth certaine Articles to the number of 32. or 38. as some record very hainous to the eares of many some whereof I have formerly recited and the residue you may read in Hall Grafton Haywood Trussell and others After which Richard was charged with the foresaid Articles there was an instrument made declaring his Answers and how he consented willingly to be deposed the Tenor of which instrument was as followeth This present Instrument made the Munday the 29. day of September and feast
Oath to preserve his Peoples Liberties and Lawes of the Land inviolable have beene no sufficient security to his Subjects hitherto agâ—inst all the fore-mentioned grievances and illegall pressures his verball Protestations and Promises are like to prove worse assurance If solemne Oathes be most apparently violated what trust can there be to unswore words Secondly our Kings in former times as I have plentifully proved and infinite examples more declare seldome or never kept either Oathes or Promises made to their Subjects but have broken oath after oath agreement upon agreement with all verball legall ties reputing them onely lawfull policies to over-reach their people and effect their owne designes with greater advantage to themselves and prejudice to their Subjects And shall we dreame of a new world onely in this dissembling age when King-craft is improved to the utmost Thirdly we had his Majesties solemne Protestation in the Word of a King in thâ— 3 d yeare of his Raigne backed with Two Printed Declaraâ—â—ons then to all his Loving Subjects to maintaine the Petâ—tion of Right their Lawes Liberties Properties Religion in purity and perfection without the lâ—ast violation or any connivance aâ— or back-â—â—iding to Popery And what good warrants or securities these since proved to the Subjects to prâ—seâ—ve them from severall inundations of oppressions Taxâ—s grievances Innovâ—â—â—ons and relapses to Popery which have flowed in upon them ever since as if these 〈◊〉 bâ—ene â—o bankes to keepe them out but sluces onely to let them in the faster the premises manifest and we aâ—l experimentally feele this day And are the new Promises and Protestations thinke you better then the old or those made this Parliament more obligatory to the King or his evill Councellors then those made the two last Parliaments infringed in an high degree even to the imprisoning the searching of Peeres of Commons Pockets and studies against the Priviledges of Parliament within few houres after they were published in Print Are not the Subjects dayly taxed imprisoned plundered murthered the Priviledges of Parliament dayly infringed many wayes Protestants dis-armed Papists armed forraigne forces introduced Irish Rebels privately countenanced the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended the best Iustices removed in all Counties ill affected persons set up in their places illegall Commissions of Array executed justified the best Protestant Ministers people most robbed pillaged murthered banished every where Sheriffes illegally made Subjects even at Oxford where the king resides more inhumanely handled under his Majesties view than Gally-slaves in Turkiâ— and scarce one Declaration or Promise observed so much as the very day they are published notwithstanding so many multiplications of them in Print that people may the better take notice how they are broken if they be observant And shall the Parliament then take these so notoriously oft violated never yet observed Protestations for our Kingdomes onely substantiall security to put all into his Majesties hands forthwith before they see some reall performances and change of Councells Certainely if they be so much over-seene they are like to be so farre from mending our present condition that they shall but make it worse yea and betray themselves with all that trust them both for the present and posteritie But we have very good Lawes assented to by his Majestie this Parliament for our security too True but are they not spiders Webbs and already undermined in action or intention Doe they secure us in any kinde for the present and will they doe it for the future will time thinke you make them binding to the King if they oblige him not as soon as made Did the Petition of Right 3â— Caroli a most inviolable security as most then dreamed secure the Subjects in the least degree against any publike wrong so long as for one moneths space Was it not turned into a kinde of wrong as soon as made and ever since Nay were there not only sundry actions don but Iudgments too in the very greatest Courts of Iustice given against it yea against the very letter and unquestionable meaning of Magna Charta and other fundamentall Laws by corrupted or over awed timorous Iudges yea are not most good Acts made this Session for the Subjects benefit and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe in his Majesties * Answer to both the Houses Declaration concerning the Commission of Array Quid verba aâ—diam factâ— cùnvâ—deam The meanest Latinâ— Scholler knowes that verba dare signifies properly to deceive and Subjects have beene oft deceived even with Acts of Parliament Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties though ratified with never so many confirmations oathes sâ—ales I shall give you â— or 3. ancient presidents The first is that of King Iohn who Anno 1214. confirmed Magna Charta the Charter of the Forrest and other Liberties with his hand sâ—ale oath proclamations the Popes Bâ—ll solemne excommunications against the infringerâ— of it denounced by all the Bishops in his presence by appointing 25. Baâ—ons who by oath were to see and force him and all others to observe it by seising on â—is Castles Lands goods and by resigning the custodie of his 4. chiefe Castles to â—he dispose of 25. Lords whom all other Lords and Commons were bound to assist yet in lesse than on halfe yeares space these strongest obligations are all cancelled these Gordians cut in sunder with the sword of warre and the Suâ—jâ—cts reduced to greater Vassellage than ever as the premises evidence So King Henry the 3 d by oath sundry times successively ratified these Charters the Subjects Liberties in Parliament which they oft dearely purchased with great Subsidâ—es And An. 1237 this King to gain a Subsidie of his Subjects in a Parliament then assembled at London denyeâ— that he ever intended to revoke the great Charter and other Liberties or laboured with the Pope to dâ—e it with which the Barons truely charged him and that if any such thing had beene casually suggested to him he did utterly nâ—ll and revoke it and because he seemed not altogether free from the sentence of excommunication which Steâ—en the Arch-bishop with all the other Bishops of England had denounced against all the infringers of the great Charter which he through ill Councell had in part infringed he commanded them all in publike to renew the said sentence against all contradictors of the sayd Charter so that if he himselfe through any conceived rancor had not peradventure observed it he might more grievously relapse into the said denounced sentence By which meanes and speech he wonderfully reconciled to him the hearts of all that heard of these things and suddenly causeth the Earles Warren and Ferrers and Iohn Fitz-Ieffry by the Parliaments appointment to be sworne his Councellors giving them this Oath That by no meanes neither for rewards nor any other cause
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
reasons for it as satisfied both Howses witnes their answers to infinite Petitions yet extant among the Parliament records Therefore the King now is as much obliged thereto as they Seventhly If the King in point of law should have an absolute negative voice in denying his assent to publike Bills of meere right and justice then he should have power by law to deny justice and right and to doe wrong and iniustice to his people a prerogative which neither God himselfe nor any lawfull Monarch ever yet chalenged but renounced with greatest detestation I read in Plutarch that when a flatterer said to king Antigonus that all things were honest and iust to Kings he answered only indeed to Kings of Barbarians but to us honest things are to be accounted for honest only just things for just And that Acrotatus gave the like answer to his parents when they pressed him to do an uniust thing Quoâ—iam vult is me optima agâ—re optimuÌ„ auteâ—â— est cum privato tum multo etiaÌ„ magis Principiid quod est justum agam quâ—â—ultis quae viro dicitis detrectabo Yea our law expresly denies the king any such uniust prerogative by these unquestionable maximes the King neither can nor ought by law to do any wrong seeing he is Gods Vicar and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE which our law-books make no defect of power but one of the highest branches of the Kings Prerogative for confirmation whereof I shal only cite one notable Record 7. H. 4. Rot. Parl. Num. 59. The Commons complained that by the favour of Ordinaries divers incumbents were outed of their benefices by superinstitutions upon presentations of the King contrary to the statute in that case provided and were denied a Scire faciâ—s without a speciall licence or command of the King first obtained to the great offence of God and against reason and law BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE Wherefore they petitioned the King that he would be pleased to grant and command the Chancellor to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties and further to doe right to the parties without suing to the King and without other warrant from him To which the King gives this answer The King wills that the said statute bee firmly held and kepe and farther willeth and granteth that if hee presents to any benefice which shall bee full of any Incumbext that the Presentee of the King shall not bee received by the Ordinary to such a benefice untill the King hath recovered his presentment by processe of Law in his owne Court and if any Presentee of the King bee otherwise received and the Incumbent outed without due Processe as aforesaid the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee or later And further the King wills that no ratification granted for the Incumbent after that the King hath presented and taken his sute shall bee allowed pending the plea nor after the judgement given for the King but that such judgement shall bee fully executed as reason demands Lâ—e here the Commons and Parliament affirme and the King himselfe subscribes thereto That the King neither hath nor yet can have any Prerogative at all which is derogative or any impediment at all in the execution of Right and Justice and disclaime a negative voyce or power in him in granting a scire facias to particular Incumbents unduly outed of their Living by a pretended prerogative power against Reason and Law Therefore à fortiori the King by his prerogative neither hath nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses for the due execution of right and iustice and the weale peace or safety of the whole Kingdome That speech of King Zedâ—kiaâ— to his Princes though in a bad case is an undoubted verity here Behold he is in your hands FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU and likewise of King David to his people 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO In one word as it is no impotency in God but a part of his owne divine prerogative that he cannot possibly ly that he cannot deny himself that he is immutable and changeth not that he cannot do injustice And as it was the Apostles highest priviledge 2 â—or 13. 8. We can do nothing against the truth but for the truth So it is no note of impotency but of highest Soveraignty in our Kings that in all Bills of publike Right and Common Iustice they have no Negative voice or power at all to withstand or deny their passing for then they should have a prerogative to deny common Right and Iustice and so to doe publike injustice which God himselfe whose vicegerents they are is uncapable of and never derived to them I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar which he somtimes used at Rome in the Councell-house Touching all other affaires that are to be taken in hand for your sake I am both your Consul and your Dictator but as touching any wrong to be done to any man I am as a private man without office Eighthly Our Kings have ever claimed this as an absolute duty from their subjects in Parliament to grant them such speedy free and competent ayds subsidies customes for the necessary defence of themselves and the Kingdome and support of their royall estates as the urgency of their publike warres and affaires required and the subjects though they have sometimes denied subsidies to their Princes upon reasonable causes and excuses alleadged by them expressed in our Historians yet have always held it their BOUNDEN DUTY to grant such ayds in Parliament when and sometimes before they have been required and have really done it without refusall when they saw just cause to grant them as all the old and new Acts for the grant of Customes Subsidies Dismes Quindismes Tonnage and Poundage Polemoney with other such aides in all our Kings-Reignes abundantly evidence Therefore the King who is as much obliged by oath and duty to aid his subjects and provide for their common protection weale peace ease as they are to provide for His and the Kingdomes safety is by like reason as much obliged in duty not to deny them such publike Acts as they are not to deny him such publike aides Ninthly Kingdomes and Commonweales were existent before Kings for there must be
Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre agâ—inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Fâ—rum Suprarbiense and Iustitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be intrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weale Videant Consules caeteri Magistratus ne quid detrimenti câ—piat Respublica Let the Consulls and other Majestrates foresee that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Aragâ—n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by
dispositio râ—rum a Domino sit collata potestas And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy with liberty Vt quid ad noâ—se extendit Romanorum insatiata cupiditas Quid Episcopis Apostolicis Militiae nostrae Ecce successores Constantini non Petri non imitantur Petrum in meriâ—is vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribaldi qui de armis vel liâ—eralitate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarij Simoniales O quantum dissimuâ—es Petro qui sibi Petri usurpant partem c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes and the warre insuing it being but for their owne just defence when the King afterwards with fire sword and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane tyrannicall maner Factus de Rege Tyâ—annus imo in bestialem prorumpens feritatem c. which necessitated the Barons for their own preservation and the Kingdoms devoted by this unnaturall Prince to Vassallage and utter desolation to elect Lewâ—s of France for their King Who together with the Peeres and Estates of France assembled at Lions concerning this Election resolved it to be just and lawfull and the Barons Defensive Warres against and rejection of King Iohn for his Tyranny and oppressions to be just and honourable since they did but flee to these extraordinary remedies and seeke for justice abroad when they were denied it by him that should give it them in as orâ—inary way at home chosing as King in place of a Tyrant as Matthew Paris with the generall History of France written by Iohn de Serres and Englished by Edward Grimston mâ—re largely manifest Secondly the Lawfulnesse and justnesse of the Bâ—rons Warres in Defence of Magna Chartâ— with other their Hereditary Rights and Liberties appeares most evidently by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 â— 2. 3. Richard the 2 d and other our succeeding Kings which have many times even by force of Armes or Menaces and sometimes by faire termes caused these Kings by new Acts of Parliament of ratifie Magna Charta the Chartâ—r of the Forest with other Fundamentall Liberties thus forcibly extorted from King Iâ—hn at first and constrained them to confirme hem with their Oathes and solâ—mne publicke Excommunications to be published by the Bishops in their Diocesse twice every yeare oft solemnly vowing and protesting both in and out of Parliament to defend these Lawes and Liberties with their estates armes lives blood which their ancâ—stâ—rs had purchased with their blood as I have manifested in the two first parts of this Discourse All which they would no doubt have forborne had they deemed it high Treason or Rebellion in point of Law to take up armes against their Kings in defence oâ— these Lawes and Privileges neither would our Kings and Parliaments in times of Peace have so frequently confirmed these Lawes and Immunities as just and necessary for the peoples welfare had they reputed their former purchases and confirmations by warre and armes no lesse then Treason or Rebellion And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured and ratified Magna Charta to take up armes in defence thereof much lesse can it be Treason or Rebellion in the Parliament and Subjects now by Votes by Ordinances of both Houses with force of armes to preservâ— not only these their hereditarie Charters Lawes Priviledges but their very Lives Estates yea the Privileges and being of Parliaments themselves which are now invaded endangered What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3d. his Raigne against this troublesome perfidious King in defence of their Lawes Liberties Estates appeares first by the Dialogue betweene Agnellus a Frier minorite one of King Henry his Counsell purposely sent to the Earle Marshall then in armes against the King and this Martiall Earle in the Abbey of Morgan Anno 1233. I will first relate the true state of that Warre and then their Dialogue concerning it King Henry by the ill counsell of Peter Bishop of Winchester removed all his English Officers Counsellors and Servants from his Court and put Poictovines and Forraigners in their places being ruled wholly by them withall he puts the English Garisons out of all his Castles and substitutes Forraigners in them which dayly arived both with Horse and armes in great multitudes and much opprested the people calling them Traitors so that the power and wealth of the Realme was wholly under their Command The Earle Marshall seeing the Noble and Ignoble thus oppressed and the rights of the Kingdome like utterly to be lost provoked with a zeale of Iustice associating to himselfe other Noble men goes boldly to the King reproves him in the hearing of many For calling in those Poictovines by evill Counsell to the oppression of the Kingdome and of his naturall Subjects and like wise of Lawes and Liberâ—ies Humbly beseeching him hastily to correct these excesses which threatned the imminent subversion both of His Crowne and Kingdome which if he refused to doe he and the other Nobles of the Realme would withdraw themselves from his Counsell as long as he harboured those Strangeâ—s To which Peter of Winchester replyed That the King might lawfully call in what strangers he would for the Defence of his Kingdome and Crowne and likewise so many and such as might compell his proud and rebellious Subjects to due Obedience Whereupon the Earle Marshall and other Nobles departing discontented from the Court when they could get no other answer promised firmely one to another That for this cause which concerned them all they would manfully fight evâ—n to the separation of Soule and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him with his wicked Counsellours out of the Realm and consult of chusing them a new King After these and some other like passage the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops hâ— would amend â—all thing amisse in his Kingdome for performance of
these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King de facto being crowned by Parliament but an Vsurper and bloody Tyrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like ramping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so flew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realâ—e of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assiâ—ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamâ—ntall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King Iames by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King Iames and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of thâ—se Enormities Pressures grievances in Church and State which threatnâ—d desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments
properly but we understand that necessity which is not rare in humane affaires and hath wont to bee called neede which yet precisely is not that true necessity c. It is a most unjust conflict where the one side being agent the other is onely patient There is a just defence and slaying although the slayer might flee without danger and so save himselfe whether the slayer who defends himselfe be of that condition that it would be a disgrace to him to flee or whether it would be no disgrace Which opinions are received in the causes of private men and to mee are much more approved in publike causes Defence even in Bruites is a Law of nature it is perswaded and constituted in us not by opinion but by a certaine imbred faculty and it is a necessary Law for what is there saith Cicero that can be done against force without force This is the most approved above all Lawes All Lawes all Rights permit to repell force with force There is one Law and that perpetuall to defend safety by all meanes All meanes are honest of preserving safety this reason to the Learued necessity to Barbarians custâ—me to Natâ—ons nature it selfe to wilde Beasts hath prescribed and this is no written but borne or native Law Likewise to defend our Estates is a necessary defence and this is a just cause of defending if wee bee assaulted by â—arre though wee our selves have demerited the warre which things others and Paulus Casâ—ensis have taught And it will follow and adde this reason because the Law or Force of warre is not enâ—ed by â—btaining the things first demanded but walkes according to the conquerers pleasure Who is content to repay so much revenge onely as he hath received wrong saith Augustine and all know it This arbitrary power all not subdued may justly decline and therefore defend themselves against it with Armes Witnesses Iudges who are enemies are repelled although they against whom they proceed gave the cause of the enmity To one in Armes he gives all things who denies just things said Caesar. Neither doe we heare make question of that blamelesse moderation where there is no superior These things therefore are avoyded and therefore the cause of Romulus shall be said right to me who defended himselfe by war against the invading Sabines albeit he had given them cause of warre and offence by the rape of their women The force of necessity is so great when men are pressed with Armes that those things which are unjust may sâ—â—me most just as Bodin well warre is just to whom it is necessary pia arma quibus nulla nisi in armis relinquitur spes and Armes are pious to those to whom no hope is left but in Armes Extreame necessity is exempted from all Law And yet I restraine not the present definition to extreame necessity or take extreame according to the condition of mens affaires for be it so let it be no necessitie which may be no necessity Romulus might have avoyded warre by restoring the ravished women yet he might likewise defend himselfe against the enemies even soone after marching against him I stay not in this definition for that is a question belonging to Citizens He who being banished may be hurt without danger yet he may defend himselfe CHAP. XIIII De utili Defensione He proceedes thus I Call that a profitable defence when we move warre fearing least we our selves should be warred upon no man is sooner oppressed then he which feares nothing and security is the most frequent beginning of calamity This first Next we ought not to expect present force it is more safe if we meete that which is Future There is more hope and more courage in him that infers force then in him who repels it he hath more courage who inferres danger then he who repulseth it Livy and Vigetius if the enemie should once prevent all things are disturbed with feare it behoves them therefore saith Nicephorus an historian of no contemptible authority who would live without danger to meete with and prevent impendent evills and not to delay or expect that thou mayst revenge the received injury with danger if for the present thou maist cut out the root of the growing plant and supprâ—sse the endeavours of an enemie who thinkes ill And Suidas yea Demosthenes warre is not to be delayed but urged least being first injured we be compelled to repulse force This as the Latin De nâ—sthenes Cicerâ— saith is likewise a disgrace that if thou mayst prevent future thou wouldest rather redresse Present evils That rude youth likewise so hath nature it selfe prescribed this Law I would rather looke to our selves then I would be revenged having received injury But Philo most excellently that we presently slay a serpent at the first sight although he hath not hurt us nor perchance will hurt us so carefull are we of our selves before he move himselfe Am I not over-tedious to thee in naming these Authors which yet are none of ours But the consent of various and many authors is great reason c. Neither yet omit I things held in lieu of proverbes and therefore prove much what they signifie Meete the approaching disease Withstand beginnings else medicines are provided over-late Neglected fires are wont to gâ—t strength Behold something out of the Authors of Law It is better to keepe Lawes unviolated then afterwards to seeke remedy It is lawfull to prevent One providing to offend I offend lawfully and others of this nature which are more defined to humanity and approved by mens judgements No man ought to expose himselfe to danger no man ought to expect himselfe to be smitten or slaine unlesse he be a foole We ought to meete the offence not onely which is in act but that likewise which is in possibility to act Force is to be repelled and propulsed with force therefore not to be expected in which expectation there are also both other the foresaid certaine evils and that likewise which is mentioned in the causes of private men least perchance by giving the first stroke we be slaine or lest we yeeld by flying and be oppressed lying downe But not to flye is to repell force all these things are cleare and tried and most apt to warlike tractates What followes hath some doubt when the thing may seeme to come to that passe that we must now run to this profitable defence A just cause of feare is required suspition is not sufficient Now a just feare is defined a feare of a greater evill and such as may deservedly happen unto a constant man But here in this great cause of Kingdomes a feare that no dammage should happen although not very great or if there be an evident cause of feare although the danger be not true but the cause onely of feare just is sufficient but not when
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
Prince not so much as once dreamed off in this Text as Court Doctors grosly mistake aâ—d so miserably pervert this Scripture contrary to the sence and meaning translating it from kings to subjects from king rebellion against God to subjects rebellion against men is as the sin of Witchcraft and stubbornnesse is as iniquity and Idolatry BECAVSE thou hast rejected the Word of the Lord he hath also REIECTED THEE FROM BEING KING I will not return with thee for thou hast rejected the word of the Lord and the Lord HATH REIECTED THEE FROM BEING KING over Israel the Lord HATH RENT THE KINGDOM of Israel FROM THEE this day and hath given it to a neighbour of thine that is better then thou Also the strength of Israel will not lie nor repent for he is not as men that he should repent to wit of renting the kingdom from him though he repented that he had made Saul king over Israel because he turned back from following him and performed not his Commandments 1 Sam. 15. 11. 35. After which God said to Samuel How long wilt thou mourn for Saul seeing I have reiected him from Reigning over Israel Fill thine horn with Oyl and I will send thee to Iesse the Bethlemite for I have provided me a king among his sons whereupon he went and annoynted David who succeeded him in the kingdom Sauls posterity being utterly disinherited for his recited sins After this when God setled the kingdom upon David and his seed after him it was upon condition of obedience and threatning of corrections even by men if they transgressed The Lord telleth thee that he will make thee an house and when thy dayes be fulfilled and thou shalt steep with thy fathers then I will set up thy seed after thee which shall proceed out of thy bowels and I will establish the Throne of his kingdom for ever I will be his father and he shall be my son If he commit iniquity I will chastise him with the Rod of men and with the Stripes of the Children of Men that is I will not chasten him immediately by my self but by men my instruments even by Ieroboam and his own subjects the ten Tribes or other enemies whom I will raise up against him and his posteritie 1 Kings 11. 9 to 41. But my mercy shall not depart away from him as I took it from Saul whom I put away before thee And thine house and thy kingdom shall be established for ever before thee yet still upon condition of obedience as is most apparent by Davids speech to king Solomon 1 Chron. 28. 5 6 7 8 9. And the Lord hath chosen Solomon my son to set him upon the throne of the kingdom of the Lord over all Israel And he said to me c. Moreover I will establish his kingdom for ever If he continue constant to do my Commandments and my judgements as at this day Now therefore in the sight of all Israel the Congregation of the Lord and in the audience of our God keep and seek for all the Commandmens of the Lord your God that ye may possosse the good land and leave it for an inheritance for your Children after you for ever And thou Solomon my son know thou the Lord God of thy father and serve him with a perfect heart and with a willing minde for the Lord searcheth all hearts and understandeth all the imaginations of the thoughts If thou seek him he will be found of thee but if thou forsake him he will cast thee off for ever notwithstanding the former Covenant and establishment which was but conditionall not absolute as the renting of the ten Tribes from his son and the determining of the very kingdom of Iudah it self in Zedekiah after which it never returned any more to Davids Line infallibly evidence Hence we read in the 1 Kings 11. that Solomons idolatrous wives turning away his heart from following the Lord and drawing him to commit idolatry in his old age hereupon the Lord grew angry with Solomon Wherefore the Lord said unto him for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely rend the Kingdom from thee and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Howbeit I will not rend away all the kingdom but will give one Tribe to thy Sonne for my servant Davids sake and for Jerusalems sake which I have chosen In pursuance whereof the Prophet Ahijah rending Iâ—roboams garment into 12 peeces said to Ieroboam Take thee ten peeces for thus saith the Lord the God of Israel Behold I will rend the kingdom out of the hand of Solomon and will give tâ—n Tribes to thee BECAVSE THAT THEY HAVE FORSAKEN ME and have worshipped the Goddesse of the Zidonians c. AND HAVE NOT WALKED IN MY WAYES to doe that which is right in mine eyes to keep my Statuts and my judgements as did David his Father howbeit I will not take the whole Kingdome out of his hands but I will make him Prince all the dayes of his life for David my servants sake whom I chose because he kept my Commandements and my Statutes But I will take the Kingdome out of his sonnes hand and give it unto thee even ten tribes And unto his sonne will I give one tribe that David my servant may have a light alway before me in Ierusalem the City which I have chosen to put my name there And I will take thee and thou shalt reigne according to all that thy soule desireth and shalt be King over Israel But what without any limitation or condition at all think you No such matter And it shall be IF THOV WILT HEARKEN VNTO ALL THAT I COMMAND THEE and wilt walk in my wayes and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did that I will be with thee and build thee a sure house as I built for David and will give Israel to thee And I will for this afflict the seed of David but not for ever Loe here both Kingdomes of Iudah and Israel are given and entailed on David Solomon and Ieroboam onely upon condition of good behaviour which not performed they shall be rent from either And was this only a vain idle condition as some deem the Covenants and Coronation oathes of Kings to God and their Kingdoms Surely no for we read experimentall verifications of them in King Rehoboam Who answering all the people and Ieroboam when they came to Sechem to make him King roughly according to the Counsell of the young men and threatning to adde to their yoake instead of making it lighter and hearkning not unto the people FOR THE CAVSE WAS FROM THE LORD that he might perform his saying which he spake by Abijah the Shilomite unto Ieroboam the
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 Tâ—â—jan 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 madnesse 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 Capeâ—s 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 testfie hath beene frequently done in the Kingdome of Poland Hungary Spine 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 read that many Popes have beene deposed by authority of a Councell But if saith Baldus they be pertinaciously abused at first they must use words secondly herbes that is medicines lastly stones and where the truth of vertue sufficeth not there the defence of weapons ought to prevaile But and if by the suffrages almost of all learned men the Decrees of Councels and the Acts themselves done it be proved that a Councell as they speak may lawfully depose the Pope who yet boasts himselfe to be the King of Kings and claimes as much to be above the Emperour as the Sunne is above the Moone yea also arrogates to himselfe an authority of deposing Kings and Emperours at his pleasure who at last can doubt but that by the publike Councell of every Realme not onely a tyrant but a King pernicious to his Kingdome for his madnesse or folly may be deposed or removed Goe to now in this our politicke Ship the Master gluts himselfe with wine most of his assistants either asleepe or drunke with mutuall cups sportingly behold an imminent Rocke The Ship in the meane time either holds not that course which is expedient for the owner or seemes speedily to be wracked what thinkest thou is here to be done under the Master by one who is vigilant and sollicitous Shall he pull those by the eares who are asleepe or onely jogge them by the sides but in the meane time lest he should seeme to doe ought without their command shall he not afford his helpe and assistance to the indangered Ship Truly what madnesse or rather impiety will this be Seeing then as Plato saith tyranny is a certaine phrensie and drunkennesse the Prince may utterly subvert the Republike the most of the Nobles may collude connive or at least are fast asleepe the people who are Lords of the Republike by the fraud or negligence of these ministers which is their fault are reduced into greatest straights in the meane time there is one of the Nobles which considers the incroaching tyranny and detests it from his soule what thinkest thou is now to be done against him by this man Shall he onely admonish his Colleagues of their duty who themselves doe as much hurt as they may But besides as it is perillous to admonish and in that state of things it may be deemed a capitall crime shall he do like those who contemning other helps casting away their armes shall cite Lawes and make an Oration concerning justice among theeves in the midst of a wood but this truly is that w ch is coÌ„moly said to be madle with reason What then shall he grow deafe at the peoples groanes shall he be silent at the entrance of theeves or shall he finally grow lasie and put his hands into his bosome But if the Lawes appoint the punishment of a Traytor against one wearing buskins on his legs who counterfeits sicknesse for fear of the enemies with punishment at least shall we decree against him who either through malice or sloathfulnesse shall betray those whom he hath undertaken to protect But rather he shall command those things that are needfull to such as are wary by a Mariners shout he shall take care lest the Common-wealth receive any detriment and shall preserve the Kingdome even against the Kings will and resistance by which he himselfe becomes a King and shall cure the King himselfe as a frantick man by binding his hands and feet if he may not otherwise doe it For as we have said the universall government of the Realme is not committed by the people to the
3. c. 9. l â— E â— â—7 â—2 E. 4. 7 8. Assâ— 25 43. E. 3. 12. Brook Dures 1 4 10 15 â—7 6 22 Fitz. Dureâ— 3. 3. 11 12 1â— 7 18. k 13. E. 1. Pâ—rque servitia 23. 37. H. 6. 14 Br Attornment 2â— m See Math. Paris p. 244. to 257. n Speed p 597 Mat. Par. p. 305. Deniel p. 151. o 31. H. 6. c. â— 3. H. 7. c. 2. 1 E. 3 c. 15. stat 2. stat 1 c. â— 1 â— 2 c 13. 5 R. 2. c 6 See Brooke Astr. Title Ducesse * See Dr â—ullers late Serm the last inauguraâ—ion day * Part 1. Edit 2 p. 108 to 112. a Civilis Belli l. 1. p. 1. b Apud veres Dei Cultores etiam ipsa bella pacata sunt quae non cupiditate aut crudelitate sed pacis studio geâ—iunter Aug. de divers Eccl. obseâ—â— 7. Gratian Caus 23. qu. 2. cap. Apud Albericus Gentilis de Iure belli l. 1. c. 5. c Patriae deesse quoad vita sappâ—â—aâ— nefâ—s est Livius RoÌ„ Hiâ—â—t l 5 d Militare non est dâ—lictum sed pâ—opter praedam militare peccatum est August de Verbis Dom Tract 19. Gratian. caus 23. qu. 1. e See Littleton in his Chapter of Granâ— serjanty Knight-service Escuage Cook ibi f Numb 32 Josh. 1. 12 to 18. g Jugd 5. 19 h 2 Sam. 1. â—0 i Judg. 5. 9. 1â— k Jer. 8. 20. 22. Object 5 * See many Printed Declarations Proclamations to this effect with other Pamphlets Answ. a See the Houses severall Declarations to this effect * 13 E 1 c. 38 31 H. 6 c. 1. See Ashes Table Contemp. 6 7 the Law bookes there quoted 6 H. 8. c. 16. 3 E. 3. 19. Coron 161. Dyer 60. Stamfords Pleas l. 1. c. 29 f. 38. l 3 c 63 f 153. * The Declaration of the Lords Commons in Answer to his Majesties concerning Keinton Battle b Part 1. 2. throughout c See Polybiâ—n Hist. l. 6. Arist Polit. l. 3. c. 10. 11. l. 5 c. 10. l. 2. c. 5. Bodin l. â— c 10. l 2 c. 5. d Hieron Blan. Arâ—gonens Rerum Comment p. 588. 589. 716. to 725. 747. to 760. Ioan. Mariana de Rege Regiâ— Instit. l. 1. c. 5. to 10. e In the Appendix f Part. 1. g Common-wealth l. 3. c. 1 See Plut. Caes. Pompeius h Aragonensium Rerum Comment p. 724. * Part 1. p. 6 7 8 c. i See Arist. Polir l 5 c. 10 D â— Beards Theatre of Gods Iudgements l. 2. c. 9. to 43. Ad generum Cereâ—is pauci sine sanguine fuso Descendunt Reges sicca morte Tyrâ—nni Iuvenal See the Appendix k 〈◊〉 l. 5. c. 13. 11. l Memorabil l. 4. p. 813. m 〈◊〉 l. 6. n Spelmani Concil â—om 1 P. 34. o Lambard Archaion p. 130. Fox Acts Mon. vol 1. p. 214. p Lib cap. 1. 2 Sâ—riâ—s Tom. â— p. 383. q Common-wealth l. 2. c. 4 5. r De Rege â—t Regis 〈◊〉 l. 1. c. 5. 6. s Lib 3. c. 9. fol. 107. t â—ib 1. c. 17â— u De Laudib Legum Angl. c 9. to 15. x Speech in Parliament House Anno 1609. y Bract. l. 3. c. 9. â—leta l. 1. c. 17. Forâ—â—s c. 9. to 15. Cooke 7. Report fâ—l 5. 〈◊〉 Cabâ—ins Case Rom. 13 4. 5. 1 Pet. 2. 14. z See the Apendix * 2 sam 23. 3 a Chro 9. 8 See the Kings Coron oath b Rom. 13. 1 2 3. 1 Pet. 2 13. 14. 〈◊〉 3. 1 c 〈◊〉 de Repub c. Cicero de Legi 2 Sam. 12. 7. to 14. cap. 16. 21. 22. 2 Chr. 33. See Marian de Reg. Reg. Inst l. 1 c 9. d De Leg. Arg c. 9. 10. 12. 13. 14. e Lib. 7. f. 5. Calvins Case f Lib. 3. c. 9. f. 107. g Lib. 1 c. â—7 h Lib 3. c. 9. i De Laud. legum Angl. c. 9. to 15. k De Rege Regis Instit. l. 1. c. 9. l Deut. 10. 17 Prov. 28. 21 Rom. 2. 11. Ephes 6. 11. 1 Pet. 1. 17. * See Doctor Beards Theater of Gods Iudgements l. 2. c. 13. to 42. m Gratian Causa 23 qu. 1. 2. 3. Calvin Lexicon Iurid Tit Bellum n Cicero Tus. quaesâ— l. 2. o Liv Rom. Hist. l 5. 〈◊〉 51 p. 219. p 〈◊〉 Hist. Ang. p. 334. 335. q Walsing hist Ang. p. 337. r Walsing hist. Ang. p. 245. 246. s Walsing hist Ang. p. 72. 76 91 92. 105 106. t Hâ—lls Chro. 1 3 H. 4 f. 17 22. Fox Acts Mon. vol. 1. Edit â—lt Col. 676 677. u 3 Iac. c. 1 2 3 4. The Kings Proclamations 3 Iacob Against them and the Aâ—raignement of Traitors â— x Cooke 7. Report Calvins case * Math. Paris pag. 73. Speed p. 483. 484. y 1 Tim. 2. 1 2 3. Ier. 29 7 Psal. 122. 6. 7 8. Isa. 29. 8. 9. 6. * Livy Rom. Hist. l. 7 Dec. 40 p. 285. Arist. Polit. l. p. 5. Marianade Rege l. c. c. 5. a Arist. Polit l 3. 5 Buchan de Iure Regni apud Scotos b Gratian. Causa 23. qu. 1 2 3. Iacob Spieâ—egius Lexicon Iuris tit Bellum F. de Iustitia et jure Non sine Ioannis Calvini Lexicon Iuris Tit. Bellum co 244. 245. Summa Angelica et Rosella Aâ—eâ—sis Sum. Part. 3. qu. 36. mem 3. quaest 47. num 3. Martin Laud. de Bello Surius Concil Tom. 3. p. 520. c Calv. Lexicon Iurid Ih. ex Hotomano and other forcited d See principally 48. H. 3. Rot. Pat Mem 7. Mem. 11 Dorss e See Aristot. Pol. l. 1 c 1 2 l 2 3. Polib hist. l. 6. Fortescue c 9. to 15. f De Officilâ— l. 2. p. 626. g Exod. 32. 9. to 5. 32. Num. 14. 11. to 15. 2 Sam. 8. 9 17. 1 Chr. 21. 17. Iohn 10. 11. 15. c. 11. 48. 49. 50. h Cicero de Lâ—gibus i Resolution of Conscience Sect. 2. k See Stamfords Pleas f. 14. 15. 16. l See Andrew Favine his Theatre of Honour l. 10. c. 5. 6. 7. Halls Chron. H. 8. f. 6. 7. 9. 11. 12. 58. 63. 68. 78 85. 91. 95. 146 154. m Hall An. 16. H. 8. f. 122. 123. n Fox Acts and Monuments vol. 3. Edit ult p. 969. 970. Iean Crespin Lestate de Lesglise An. 1559. p. 615 The generall History of France in his life p. 677. o Halis Chron. f. 123. 16. H. 8 p Generall History of France p. 227. 228. Fabians Chron part 7. in his life with others q Seneâ—a deâ—â—ra r Eadmerus Malmes Hunt Hoveden Mat. West Mat. Par Polychonicon â—ab Caxton Holinsh. Graf Speed Daniel and others in the life of Wil. Rufus s See Stamford Bracton Fitz-herbert Brook Cromp. Tit. Treason Corone t Mat. Par. An. 1266. p. 967. Speed p. 640. Dan. p. 180. 181. Holinsh Graft Stow and others u In praefenti â—ello Dominus Rex extitit vulneatus morti paene vicinus jaculo in eum ex
sonne of Nebat thereupon when all Israel saw that the King hearkned not unto 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 O Israel now see to thine own house David so Israel departed to their tents stoned Adoram who was over the tribute whom Rehoboam sent to appease them Whereupon Rehoboam made speed to get him into his Chariot to flee to Ierusalem So all Israel fell away from the house of David to this day and calling Ieroboam unto the congregation made him King over all Israel there was none that followed the house of David but the tribe of Iudah onely Vpon this revolt when Rehoboam was come to Ierusalem he assembled all the House of Iudah with the tribe of Benjamin an hundred and fourescore thousand chosen men which were Warriers to fight against the house of Israel to bring the Kingdome again to Rehoboam the sonne of Solomon But the Word of God came unto Shemaiah the man of God saying speake unto Rehoboam the sonne of Solomon King of Iudah and unto all the house of Iudah and Benjamin and to the remnant of the people saying Thus saith the Lord Yee shall not goe up nor fight against your brethren the children of Israel return every man to his house For this thing is done by mee They hearkned therefore unto the Word of the Lord and returned to depart according to the Word of the Lord. Behold here an experimentall forfeiture of a kingdome and translation of the major part of it to another family for Solomons idolatry executed by the peple through Gods appointment which being fore-threatned in the generall by God himselfe to David and by David to Solomon in case he transgressed predicted by way of menace to Solomon and Ieroboam by God himselfe and his Prophets after Solomons transgression executed by the people by Gods speciall direction and approbation and thus owned and justified by God in the peoples behalfe after the execution when Rehoboam would have made war against them for this revolt must certainly be acknowledged not only a â—ust and warrantable action in respect of God himselfe but likewise of the people unlesse we will make God himselfe the Author and approver of rebellion By all which it is apparant that Solomon and Rehoboam held their Crownes onely upon condition from God the breach whereof might and did forfeit them to the people in some measure And so did Ieroboam too hold the kingdome of Israel newly erected by the people after this revolt upon the conditions of obedience already mentioned which being violated by his setting up 2 calves in Dan and Bethel out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to Ierusalem to worship this thing became sin to the house of Ieroboam even to cut it off and destroy it from off the face of the earth 1 King 13. 34. For Ieroboam committing idolatry with the Calves Ahijah the Prophet sent him this sharp message by his wife 1 K. 14. 7 8 9 10 11. Go tell Jeroboam Thus saith the Lord God of Israel for as much as I exalted thee from among the people and made thee prince over my people Israel and rent the Kingdom away from the house of David and gave it thee yeâ— thou hast not been as my servant David who kept my Commandements and who followed me with all his heart to do that onely which was right in mine eyes but hast done evill above all that were before thee for thou hast gone and made thee other gods and molten images to provoke me to anger and hast cast me behinde thy backe Therefore behold I will bring evill upon the house of Ieroboam and will cut off from Ieroboam him that pisseth against the wall and him that is shut up and left in Israel and will take away the remnant of the house of Ieroboam as a man taketh away dung till it be gone Him that dieth of Ieroboam in the the Citie shall the dogs eat and him that dieth in the field shall the fowls of the ayre eat for the Lord hath spoken it Moreover the Lord shall raise him up a King over Israel who shall cut off the house of Ieroboam in that day Neither was this an unexcuted commination for Ieroboam dying and Nadah his sonne succeeding him both in his kingdom and idolatries wherewith he made Israel to sinne Baasha by Gods just judgement conspired against him slew him reigned in his stead and when he reigned he smote all the house of Ieroboam so that he left not to him any that breathed according to the saying of the Lord which he spake by his servant Abijah because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocation wherewith he provoked the Lord God of Israel to anger After which Baasha walking in the wayes and sins of Ieroboam notwithstanding this exemplary judgement of God on him and his posteritie the word of the Lord came to Iehu sonne of Hannani against Baasha saying Forasmuch as I exalted thee out of the dust and made thee Prince over my people Israel and thou hast walked in the way of Ieroboam and hast made my people of Israel to sinne to provoke me to anger with their sins behold I will take away the posterity of Baasha and the posteritie of his house and will make his house like the house of Ieroboam the son of Nâ—bat him that dieth of Baasha in the City shall the dogs eate and him that dieth in the field shall the fowls of the Ayre eate which judgement was actually executed upon his evill sonne king Elah whom Zimri the Captain of his Chariots slew as he was drinking himself drunk in the house of Arza Steward of his House and reigned in his stead and assoon as he sat in his Throne he slew all the house of Baasha he left him none that pissed against the wall neither of his kinsfolks nor of his friends Thus did Zimri destroy all the house of Baasha according to the word of the Lord which he spake against Baasha by Iehu the Prophet for all the sinnes of Baasha and the sins of Elah his son by which they sinned and by which they made Israel to sinne in provoking the Lord God of Israel to anger witb their vanities King Omâ—i and Ahab his sonne going on in the sinnes of Ieroboam serving Baal to boot persecuting Gods prophets putting Naboth most injuriously to death for his Vineyard by Iezabels instigation and setting himself to work evill in the sight of the Lord above all that were before him Hereupon the Prophet Elijah tells him Thus saith the Lord Behold I will bring evill upon thee and will take away thy posterity and will cut off from Ahab him that pisseth against the wall and him that is shut up and left in Israel and will make thine house like the house