some sort lib. 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil. Anno 1431. when this mighty question was debated Whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of their Kingdomes even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and Possessions beganne to be divided according to the custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ranne by and by to some good and vertuous man which shouâ—d defend the poore from injury and ordaine Lawes whereby the rich and poore might dweâ—l together But when as yet under the rule of Kings the poore were oftentimes oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eâ—re unto the poore as rich whereby we understand and know not only the people but also the King to be subject to the Law For if we do see a King to contemne and despise the Lawes violently rob and spoile his Subjects deflower Virgins dishonest Matrons and doe al things liâ—entiously and temerariously doe not the Nobles of the Kingdome assembâ—e together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Counceâ—l which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as a Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly because they were ordained onely for their Kingdomes and peoples service and welfare not their Kingdomes and people for them Thirdly because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Laws to which they are and ought to be subject Fourthly because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to and the King or his ill Counsell no ground to expect more moderation and loyalty from Popish then Protestant Parliaments Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the fore-mentioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit but by sundry domesticke examples of which I shall give you a short touch Anno Dom. 454. King Vortigern when he had reigned sixe yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Sonne Vortimer chosen and crowned King in his stead After whose untimely death being poysoned by Rowena Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Auâ—elius and Vter as Heavens ministers to execute its wrath Sigebert King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all sensuall pleasures and using exactions and cruelties upon his Subjects and slaying the Earle Cumbra his most faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Lawes thus violated assemblâ—d all together and provida omnium deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forlorne person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. Osred King of Northumberland for his ill government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred the sonne of Mollo his next successor being revoked from exile and restored to the Crowne of which he was formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so farre offended his Subjects thereby that An. 794. they rose up in Armes against him and slew him at Cobre Thus An. 758. the people of the kingdome of Mercia rising up against Beornerd their King because â—e governed the people not by just Lawes but tyranny
MOST HIGH AND ABSOLUTE POWER OF THE REALME for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES and Lawes are enacted and abrogated Offenders of all sorts punished and corrupted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE REALME and the place where every particular man is intended to be present if not by himselfe yet by his Advocate and Atturney For this cause any thing that is there enacted is not to be withstood but obeyed of all men without contradiction or grudge and to be short all that ever the people of Rome might doe either Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their Assemblies had power to enact binding Lawes to create and elect their Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes of Officers and to change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authours resolution the Parliament hath an absolute power to doe the like when they see just cause Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but 2. in the last Edition hath the same words in effect with Holinshed and addes that the Parliament giveth forme of Succession to the Crowne c. Our Kings Royall power being then originally derived to them conferred on them by the Peoples and kingdomes common consents in Parliament and all their new additionall Prerogatives too as the premises evidence it cannot be denyed but that the whole kingdome and Parliament are really in this sense above him and the most Soveraigne primitive power from whence all other powers were and are derived Fourthly This is undeniable because the whole kingdome in Parliament may not onely augment but likewise abridge allay abolish and resume some branches of the Kings royall power and prerogative if there be just cause as when it becomes onerous mischievous or dangerous to the Subjects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or the Lawes This is most apparent by Magna Charta Charta de Foresta Statutum De Tall agio non concedendo Articuli super Chartas Confirmatio Chartarum 1 E. 3. c. 6 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right 3 Caroli most Statutes against Purveyens Pardons Protections and for regulating the Kings Charters Grants Revenues the Acts made this Parliament against Ship-money Knighthood Forest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the continuance of this Parliament whiles they please with sundry other Acts which restaine abridge repeale resume divers reall and pretended branches of the Kings royall Prerogative because they proved grievous mischievous dangerous pernicious to the people and kingdome This then answers that irrationall groundlesse position of Doctor Ferne That the Subjects neither lawfully may nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent though it prove never so mischievous and be never so much abused to the peoples prejudice Which as it is contrary to that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That all Governments created by mens consents especially being but officers in trust for their good and welfare onely to sundry presidents and Prophesies in Scripture concerning the Alterations Subversions Diminutions of Kings and kingdomes to the constant practise of all Realmes all States whatsoever from Adam till this instant who have undergone many strange alterations eclipses diminutions yea Periods of Government to the Resolution of Aristotle and all other Politicians who hold all formes of Government changeable and revocable without any injustice if necessary or convenient So likewise to the very end for which Kings have regall power as well as other Governours and Governements and for which they were ordained to wit their kingdomes peoples welfare safety peace protection c. Salus populi being not onely that Suprema Lex but principall end for which all royall power was instituted by God and Man and to which it must submit in case it becomes incompatible or inconsistent with the publique weale or safety What therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacy which he and neere three hundred African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings to effect peace in our State in these times of uncivill military that I say not bloody dissentions raised about them betweene King and Parliament Anâ— vero c. What verily did our Redeemer descend from heaven into humane members and shall we lest his very members he rent in pieces with cruell division feare to dâ—scend out of out Thrones we are ordained Bishops for Christian peoples sake what therefore may profit them for Christian peace that let us doe with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why doe we envy the eternall gaines of our Lord for our temporall sublimities or Prerogatives Our Episcopall dignity will be more fruitfull to us if being laid downe it shall more unite the flocke of Christ than disperse it if retained If when I will retaine my Bishopricke I disperse the flocke of Christ how is the dammage of the flocke the honour of the Shepherd c. Old statute Lawes yea the common Law of England though above the King and his Prerogative may be and oft are repealed and altered by Parliaments when they become mischievous or inconvenient therefore by like or greater reason may any branches of the Kings Prerogative inferiour to these Lawes be restrained yea resumed when they prove grievous or dangerous to the Subject It is the Kings owne professed Maxime in full Parliament Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverts them it
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
of conquest I would disinherit any man of his heritage franchise or other rights that he ought to have of right nor for to put him out of that which he now enjoyeth and hath hâ—d before time by custome of good Law of this Realm except such private persons as have beene against the good purpose and the common profit of the Realme And this speech thus finished all Sheriffs and other Officers were put in their Authorities which season for the time that the Kings Sea was void and after every man departed And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth And upon the morrow following being wednesday and the first of October the Procurators abovenamed went unto the Tower of London and there certified Richard of the admission of King Henry And the foresaid Justice William Thyrning in the name of the other and for all the States of the land gave up unto Richard late King all homage and fealty unto him before him due in like manner and forme as before I have shewed to you in the deposition of King Edward the second And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell and such unlawfull wayes and meanes as he by his insolency in his Realme suffered to be used when he had reigned two and twenty yeers three moneths and eight dayes So Fabian and others verbatim Those Parliaments then and Nationall Assemblies which have thus disposed of the Crown and Kings themselves and exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power True it is our Protestant Pâ—eres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will not doe it However it is neither honourable nor safe for Kings and the most destructive policy their ill Counsellors can suggest unto them so farre to oppresse their Subjects or exasperate their Parliaments as to provoke them to use the extremity of their Soveraigne power and revive dead sleeping Presidents for their reliefe The consideration whereof when they were fresh made succeeding Kings more just and moderate in their governments and reclaimed many vitious oppressing Princes as Archigallo and others witnesse We know what Solomon saith Surely oppression maketh a wise man mad and if Kings or their evill Instruments shall so far mad their Subjects and Parliaments either by oppressions rapines misgovernment destroying making warre upon them or putting them out of their protections as to make them cry out as they did against King Iohn Iohannes factus est de Rege Tyrannus imo de homine in bestialem prorumpens feritatem Vae tibi Iohanni Regum ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata amplius vastanda c. Whereupon presently ensâ—ed a Nolumus hunc regnare Tandemque decretum est ut aliquem potentem in Regem eligerent per quem possint ad possessiones pristinas revocari eradextes quod nullus Iohanne peier vel durior pâ—ssit dominari tale miserabile statuentes argumentum Fortuna miserrima tuta est Nam timor eventus deterioris abest Cumque aliquandiu quem eligerent haesitassent demum in hoc pariter consenserunt ut Ludovicum filium Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimarent Which they did to King Johns their own and the whole Kingdomes great prejudice We know what the ill advise of Rehoboams rough evill Counsellours produced 2 Chron. 10. And the King answered the people roughly after the advice of the young men saying My father made your yoake heavy but I will adde thereto my father chastised you with whips but I will chastise you with scorpions And when all Israel saw that the King would not hearken unto them the people answered the King though some say he came to the Crown by succession saying What portion have we in David and we have none inheritance in the Sonne of Iesse every man to your Tents O Israel and now David see to thine owne house So all Israel went to their Tents and elected Ieroboam for their King and fell away from the house of David to this day being never after united to it but continuing a distinct Kingdome from it This grosse impoliticke maxime of ambitious Princes now so much cryed up and prosecuted Aut Caesar aut Nullus hath utterly unkinged ruined hundreds of Kings and Emperours with their families and deprived them not onely of their Crownes but lives as it did Caesar himselfe with many of his successors whose tragicall ends should deter all other Princes from their destructive aspiring tyrannous counsels courses maximes Wherefore the best policy Kings can use to perpetutate their Thrones to them and their posterity is to treate their subjects so as may win their hearts and affections and not to straine their pretended prerogatives beyond the bounds of Law this being a most certaine experimented rule which Aristotle the Prince of politicians gives That there are two intestine causes most perilous and frequent of all others by which a Kingdome is usually lost and subverted The first is if the Nobles and people dissent from the King himselfe The second if Kings will reigne tyrannically and usurpe a greater domination or prerogative then the Lawes of their Kingdomes give them Then he addes Verily a kingdome is preserved by contrary remedies specially by a moderate kinde and temperate forme of Government For by how much the mâ—re moderate the King shall be and contented with smaller and fewer prerogatives by somuch the more constant and longer-lasting shall his kingdome necessâ—rily be For by this meanes it recedes farther from the domination of Tyrants and it comes nearer to the equability of manners and humanity of life and is lesse envyed by His subjects which he proves by the notable speech and example of King Theopompus And indeed this is the principall policy which God himselfe hath prescribed a King to prolong his dayes in his Kingdome he and his children after him to keepe all the words of this Law and those Statutes to doe them that is to governe himselfe and his subiects onely by Law not power to doe justice and judgement avoid oppression not to lift up his heart above his brethren as if they were his vassals and not men not Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Iuris sicut Dei vicarius Minister in terra quia illa potestas SOLIUS Dei est potestas autem injuriae Diaboli non dei cujus horum operum fecerit Rex ejus Minister erit cujus opeâ—a fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum
Parliament dare trust one the other alone with the premises and it is neither Royall nor Honourable as many beleev for the King to trust the Parliament now alone with these who in their Declarations never desired but professed the contrary that the chiefest command of the Militia when indifferent Officers were appointed should still reside in his Majesty in as ample manner as before there is no other equall honourable just impartiall probable way left to secure or accord both parties in this particular but onely to commit the premises for a convenient time to the custody of such trusty persons nominated by the Parliament to the King or by the King to the Parliament as both sides ioyntly shall allow of and by a speciall Bill to prescribe them such an Oath as shall oblige them to keep and imploy them onely for the ioynt use of King Kingdome and Parliament by the joynt direction of King and Parliament and not by the single warrant or command of either of them whiles this Parliament continues Vnder paine of High Treason both against the King and Kingdome I shall close up this obiection with the words of Seneca Securitas securitate mutua paciscenda est Errat enim si quis existimet tutum esse Regem vbi nihil a regâ— tutum est Vnum est inexpugnabile munimentum Amor Ciuium which the King shall then be sure of when he takes up this resolution Non rempublicam suam esse sed se Reipublicae and shall really trust the Kingdome and Parliament as much as farre forth as he expects or desires they should trust him The Parliaments Right to Elect Privie Counsellours Great Officers and Iudges THe third grand Complaint of the King and Royalists against this Parliament is That they take upon them a power to recommend and nominate to the King his Privie Counsellours Iudges with other great Officers of State demanding that none of them may hereafter especially during Parliaments be ordained by his Majesty but by their Nomination or advice A great affront an intollerable encroachment on the Prerogative Royall as is pretended The lowd clamour against the Parliament if seriously examined will speedily vanish into nothing For first it is already cleared and Fortescue so resolves That Kings themselves the highest Officers and Justiciaries in their Kingdomes were both created and elected at first by the free generall votes of their people from whom alone they received all their Royall Authority having still no other nor greater lawfull power then they conferred on them onely for the defence of their Laws Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the Common good as they see just cause Therefore doubtlesse the people who thus created and elected their Kings at first did likewise constitute and elect all publike Councellours Officers Judges Ministers of the State giving both being and bounds to their severall Offices and Iurisdictions by publike Lawes which is most apparent not only in the Roman Lacedemonian and other Kingdomes but our own too by infinite Acts of Parliament creating regulating and limiting the power Charters Pattents Graunts and proceedings not onely of our Kings but of their Counsellours Chancellous Treasurers Keepers of the Great Seale and privie Seale high Stewards Admiralls Marshalls Masters of the Horse Presidents of the Marches and of York Masters and other Officers of the Court of Wards Iudges and Iustices of all Courts all kinds Sherifs Coroners Customers Searchers Escheators and all other Temporall or Ecclesiasticall publick Officers the right of whose elections remaining originally in the Kingdome and Parliament representing it was never yet irrevocably or totally transferred by them to the King by any publike acts that I have seene and therefore when they see just cause they may make use of this their primitive inherent right of Election without any reall incroachment on the Kings Prerogative Secondly I have already proved that the Heretochs Lieutenants Generall and Sherifs as likewise the Conservators of the Peace in every County through the Realme were anciently elected onely by the Parliament and People not the King though they had the custody power Command of the whole Countey without any impeachment to the Prerogative Royall why then may not these other publike Officers of the Estate be thus nominated and chosen by the Parliament likewise without any just exception or offence Thirdly All Coroners Majors Sherifs Baylifs Aldermen Recorders of London Yorke Bristoll and generally of all Cities Townes and Burroughs throughout the Kingdome which have the chiefe Government of these Corporations Verderers of the Forrest Constables and other Officers have ever anciently and are still at this day elected onely by the People not the King Yea all Arch-bishops Bishops Abbots Priors with other Ecclesiasticall Officers who were formerly Peers and Members of the Parliament and Rulers in the Church were anciently chosen not by the King himselfe but onely by the Clergie and people as sundry Presidents and Statutes manifest and the Conge de'sliers at this day for the Election of new Bishops more then intimate and all this without the least violation of the Kings Prerogative why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason without Ecclipsing his Prerogative Fourthly The Knights Citizens and Burgesses of the Kings and Kingdomes greatest Court and Councell the Parliament the supreamest Counsellors and Iudges of all others to whom all other Courts Counsellors Officers Iudges are responsible for their actions Iudgements advice have alwayes of right beene and yet are elected onely by the Free-holders and Commons of the Realme yea all the members of the Lords house though summoned thither by the Kings Writ and not elected sit there of right not of grace or the Kings free choyse by the fundamentall Lawes and Constitutions of the Realme neither can the King by his absolute Prerogative elect any members of the Commons House or exclude any member of it or Peere of the Vpper House who by vertue of his Peerage ought to sit there without the Houses consents for then if he might elect or exclude one he might likewise choose and seclude more yea most of them by like reason at his pleasure and so subvert the subjects Priviledges and by a Packed Parliament impose what Lawes or Taxes he would on his people to their slavery and ruine Which freedome of the subjects Election and all Lords Summons is so essentiall and necessary to Parliaments that the Parliaments of 21 R. 2. at Westminster and of 38 H. 6. at Coventry were by the Parliaments of 1 H. 4. c. 3 4. Nâ— 21 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all but unlawfull yea devillish Assemblies and Ordinances for this very Reason because in the first of them the Knights were not duly elected by the Commons according to Law
were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-endâ— then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Priviâ— Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a yeâ—re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
onely the beating but killing of such persons who assault their Masters persons goods or houses as is expresly resolved by the Statute of 21. E. 1. De malefactoribus in Parcis By 24. H. 8. cap. 5. Fitzherbert Corone 192. 194. 246. 258. 261. 330. 21. H. 7 39. Trespas 246. Stamford lib. 1. cap. 5. 6. 7. 22. Ass. 46. 11. H. 6. 16. a. 14. H. 6 24. b. 35. H. 6. 1. a. 9. E. 4. 48. b. 12. E. 4. 6. a. 12. H. 8. 2. b. Brooke Coron 63. Trâ—spas 217. Therefore they may justly defend themselves resist oppose apprehend and kill his Majesties Cavalliers notwithstanding any Commissions and make a defensive Warre against them when as they assault their persons houses goods or habitations without any Treason Rebellion or Crime all against the King or Law Thirdly It is past dispute That the Sheriffes Iustices of Peace Mayors Constables and all other Officers of the Realme may and ought by our Lawes and Statutes to raise the power of the Counties and places where they live and command all persons to arme themselves to assist them upon their Command when they see just cause which commands they are all bound to obey under paine of imprisonment and fines for their contemptuous disobediene herein to suppresse and withstand all publicke breaches of the Peace Riots Routs Robberies â—raies Tumults Forcible Entries and to apprehend disarme imprison and bring to condigne punishment all Peace-breakers Riotors Trespassers Robbers Plunderers Quarrellers Murtherers and Forces met together to doe any unlawfull Hostile act though by the Kings owne precept and in case they make resistance of their power they may lawfully kill and slay them without crime or guilt if they cannot otherwise suppresse or apprehend them yea the Sheriffes and all other Officers may lawfully raise and arme the power of the County to apprehend Delinquents by lawfull Warrants from the Parliament or Processe out of other inferiour Courts of Iustice when they contemptuously stand out against their Iustice and will not render themselves to a Legall triall in which service all are bound by Law to assist these Officers who may lawfully slay such contemptuous Offenders in case they cannot otherwise apprehend them All which is Enacted and Resolved by 19. E. 3. cap. 38. 3. Ed. 1. cap. 5. 2. R. 2. cap. 6. 5. R. 2. cap. 5. 6. 7. R. 2. cap. 6. 17. R. 2. cap. 8. 13. H. 4. cap 7. 1. H. 5. cap. 6. 2. H. 5. cap. 6. 8. 19. H. 7. cap. 13. 3. E. 6. cap. 5. 1. Mar. cap. 12. 31. H. 6. cap. 2. 19. E. 2. Fitz Execution 247. 8. H. 4. 19. a. 22. Ass. 55. 3. H. 7. fol. 1. 10. 5. H. 7. fol. 4. Register f. 59. 60. 61. Fitz. Coron 261. 288. 289. 328. 346. Stamford lib. 1. cap. 5. 6. Cooke lib. 5. fol. 92. 9. 3. with sundry other Bookes and Acts of Parliament and Walsingham Hist. Angliae pag. 283. 284. Yea the Statute of 13. Ed. 1. cap. 38. recites That such resistance of Processe out of any the Kings Courts much more then out of the Highest Court of Parliament redounds much to the dishonour of the King and his Crowne and that such resisters shall be imprisoned and fined because they are desturbers of the Kings Peace and of his Realme And the expired Statute of 31. H. 6. cap. 2. Enacted That if any Duke Marquesse Earle Viscount or Baron complained of for any great Riots Extortions Oppressioâ—s or any offence by them done against the Peace and Lawes to any of the Kings Liege people should refuse to obey the Processe of â—he Kings Court under his Great or privie Seale to him directed to answer his said offenes either by refusing to receive the said Processe or despiting it or withdrawing hâ—mselfe for that cause and not appearing after Proclamation made by the Sheriffe in â—he County at the day prescribed by the Proclamation that then hee should for this his contempt forfeit and lose all his Offices Fees Annuities and other possessions that he or any man to his use hâ—th of the gift or grant of the King or any of his Progenitors made to him or any of his Ancestors And in case he appeares not upon the second Proclamation on the day therein to him limited that then he shall lose and forfeit his Estate and place in Parliament and also All the Lands and Tenements Whâ—ch he hath or any other to his use for terme of his life and all other persons having no Lands not appearing after Proclamation were to be put out of the Kings Protection by this Act. Such a heinous offence was it then repuâ—ed to disobey the Processe of Chancery and other inferiour Courts of Iustice even in thâ— greatest Peeres how much greater crime then is and must it be contemptuously to disobey the Summons Processe and Officers of the Parliament it selfe the supremest Court of Judicature especially in those who are Members of it and stand engaged by their Protestations trusts and Places in it to maintaine its honour power and priviledges to the uttermost which many of them now exceedingly vilifie and trample under feete and therefore deserve a severer censure then this statute inflicts even such as the Act of 21. R. 2. c. 6. prescribed to those Nobles unjustly fore judged in that Parliament That their issues males now begotten shall not come to the Parliaments nor to the Councells of the King nor his heires nor be of the Kings Counsell nor of his heires Therefore it is undubitable that the Sherifes Iustices of Peace Majors Constables Leivtenantes Captaines and other Officers in every County through the Realme may by their owne Authority much more by an Ordinance and Act of association of both houses raise all the power of the County all the people by vertue of such commands may lawfully meete together in Armes to suppresse the riots burglaries rapines plunders butcheries spoyling robberies and armed violence of his Majesties Cavaleers and apprehend imprison slay arraigne execute them as common enemies to the kingdomes peace and welfare even by the knowne Common Law and Statutes of the Realme and feise Delinquents notwithstanding any royall Commission or personal commands they may or can produce Fourthly it is most certaine that every Subject by the very Common Law of the Realm yea Law of Nature as he is a member of the State and Church of England is bound both in duty and conscience when there is necessary occasion to Array and Arme himselfe to resist the invasions and assaults of oâ—en enemies of the Realme especially of Forraigners as is cleare by infinite * Presidents cited by the Kings owne Councell and recited by Iudge Crooke in his Argument concerning Ship-money in both the Houses two Remonstrances and Declarations against the Commission of Array and the Answer of the first of them in the Kings name all newly Printed to which I shall referre the Reader for fuller Satisfaction and by the expresse statutes of 1 E. 3. c.
people in the due subjection To thâ—s the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thingâ— and not do what they lifeâ— He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole abeast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in poiâ—t of Policie and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit. l. 1. c. 3 5. by Pope Zachary in his forecited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENâ—IBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their joyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be câ—owned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably wasted â—is Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and wâ—nt to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy
Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Glorâ—ari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not 〈◊〉 would come into the frindship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post. reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean Lâ—vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last saith that That is Treason which is committed against the Roman People or against their safety l. 1. s. 1. F. ad Legem Iul. Majâ—st Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocracie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they had not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant will proceed against them according to his lust and slay whom he pleaseth but it is a glorious thing to die for justice and the truth of God and it is better to die for the defence of justice then afterwards to be slain with the wicked by assenting to injustice or by dissembling Those who cannot endure this let them indure a lustfull and insolent Tyrant expecting extream punishment together with him yet the hand of the Lord is stretched out still and threatneth a stroke But when with the consent and suffrage of the whole or certainly of the better part of the multitude a Tyrant is removed Deo â—it auspice it is done by God approbation If the Children of Israel had thus deposed Manasseh they had not been so grievously punished with him So Zuinglius Hence Stephanus Iunius Brutus in his Vindiciae contra Tyrannos in answer to Machiavels Princeps a most accursed mischievous Treatise and justification of the Protestants defensive wars in France to preserve their Religion and Liberties Anno 1589. determines positively That as all the people are Superiour to the King so are those Officers of State and Parliaments who represent them Superiour to Kings collectively considered though every of them apart be inferiour to them In the Kingdom of Israel which by the judgement of all Polititians was best instituted by God there was this order The King had not onely private Officers who looked to his family but the Kingdom likwise had 71 Elders and Captains elected out of all the Tribes who had the care of the Commonweale both in time of peace and war and likewise their Magistrates in every Town who defended their severall Cities as the others did the whole kingdom These when ever they were to deliberate of greatest affairs assembled together neither could any thing be determined without their advice which much concerned the commonwealth Therefore David called these all together when he desired to in vâ—st Solomon in the Kingdom when he desired the policy restored by him should be examined and approved when the Ark was to be reduced c. And because they represented all the people all the people are then said to have assembled together Finally the same rescued Ionathan condemned to death by Sauls sentence from whence it appears that an appeale lay from the King to the people But from the time the Kingdome was divided through the pride of Rehoboam the Synedrin of Ierusalem consisting of 71 men seems to be of that authoritie that they might judge the King in their assembly as well as the King judge them when they were apart The Captain of the House of Iudah was President over this assembly that is some chief man chosen out of the Tribe of Iudah as even the chief
cease to be a King or at least be lesse a King those verily who shall study the profit of the Kingdom are truly the Kings friends those who neglect or subvert the profit of the Realm are truly his Enemies and as thou câ—nst by no means separate the Kingdom from the people nor the King from the Kingdom so neither the friends of the King from the friends of the Kingdom or people yea verily as those who truely love Caesar would rather have him to be a King then a private man nor can they have him a King without a Kingdom in good â—ooth those shall be the Kingdoms friends who are Caesars and those who would seem to be more the friends of Caesar then of the Kingdom or people are truly to be reputed Flatterers and most pernicious enemies But and if they bee truely friends is it not manifest that the King will become more powerfull and stable as Theopompus said of the Ephori when instituted by how much those shall be more and more powerfull to whom the profit of the people or Realm shall be commanded and committed But perchance thou wilt say You tell me of the Senators Peers and Officers of the Realm but I on the contrary see nothing but Ghosts and as it were ancient Cote-Arms in Tragedies but I scarce any where discern any foot-steps of ancient libertie and authoritie Finally you may see most men every where to look to their own affairs to flatter kings to cheat the people scarce any where maist thou finde one who takes pity of the mascerated people much lesse who will give help to the miserable but if there be any who are truely of that minde or thought to be so they are judged Rebels or Traitors they are banished and they are compelled to begge even their very food What the thing is thus It seems almost alwayes and in every place the audacitie of Kings or partly the prevarication partly the slothfulnesse of the Nobility hath been such that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent by a long prescription of time but the people may seem to have determined their Authority or to have lost it by not using it For so it happens for the most part that no man takes care for that which all are bound to take care of that which is committed to all no man thinks it is commended to him Yet notwithstanding against the people neither this prescription nor prevarication doth any thing It is a vulgar saying that no prescription can hurt the king or Exchequer much lesse all the people who are potenter then the King and for whose sake the Prince hath this priviledge for why else is the Prince only the administrator of the Exchequer but for the people the true proprietors as shal be after proved Furthermore is not this a known truth that no violence no not in the longest lasting servitude can be prescribed against liberty But and if thou objectest that Kings were constituted by the people who perchance lived above five hundred yeer since not by the people extant at this day I answer that although kings doe die the people in the mean time as neither any other Universitie never dyeth for as flowing waters make a perpetuall river so also the vicissitude of birth and death an immortall people Therefore as the Rheine Seine Tyber is now the same as it was above a thousand years agoe so likewise the Germane French Roman people are the same unlesse Colonies shall have casually intervened neither can their right be any wayes changed either by the flux of water or change of individuals Besides if they attribute the Kingdom received not to their people but to their Father he to his Grandfather and so upwards could he transfer more right to another then himself first had But and if he could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any theef But on the contrary the people have a right of perpetuall eviction Therefore that the Nobles have been for a long space oppressed in any Kingdom can no way prejudice the people but rather as the servant should not be heard who in that he hath a very long time detained his Lord captive should boast that he was not onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe to be without fault yea rather by how much the longer he hath been such a one the more severely should he be punished So likewise a Prince is not to be heard or endured who because he hath succeeded to a Tyrant or hath for a long time used the people like a bondslave from whom he hath received his kingdome or hath offered violence to the Nobles should think that what ever he lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde to the injury of the King But what if the Nobles themselves have colluded with the King what if in betraying the cause they have betrayed the people as it were bound into the hands of a Tyrant shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King whether I say by this fact is any thing taken away from the liberty of the people or adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage and destruction of the people cannot verily detract any thing from their right but even they themselves shall fall into the penalty of the Law which is promulged against prevaricators and the Law permits the people to chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare of death but out of desire of gain hath been thus treacherously put upon them Or if those who ought to shake it off shall impose it or those who might doe it shall tolerate it He hath many other pertinent passages to the
the confiscation of their goods and inheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into France with her sonne the Prince whose lives these favorites attempted She raised an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
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
meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various kinds of Kings where of some are of greater power and authority others of lesse some by Election others by succession onely by reason of their Kingdomes Subjects original institution by the divers alterations of the Monarchy in this kingdome which hath beene sometimes divided into seven sometimes into five sometimes into three or two kingdomes and at last reduced unto one by the great changes and alterations made in all Foraine Realmes which have sometimes multiplyed sometimes diminished the number and power of their Princes and somtimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule or Dukedome by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they reigne but likewise by two expresse determinations of Aristotle in these termes Regna patriis moribus legibus FUNDATA CONFIRMATA SUNT And Verum Regnum est imperium majoâ—ibus praestantioribus viris VOLUNTATE CIVIUM DELATUM seconded by Tully Livie and others It is the unanswerable Argument of Marius Salamonius an incomparable Roman Lawyer and Philosopher in his Lib. 1. de Principatu p. 17 to 27. Printed at Paris 1578. Cumprivilegio Regis To prove The whole Kingdome and people the Soveraigne power greater than the Prince and the Prince be he King or Emperour inferiour unto them because he is not onely their Servant but creature too being originally created by and for them Now as every Creator is of greater power and authority than its creature and every cause greater then its effect So the Authority and power of the people which creates the Prince and Princely power and augments or limits it as there is cause must needs be greater then the Prince or royall power Who though he be greater than any private subject or magistrate over whom he rules yet he is still inferiour to all the people and kingdome whose Servant or Creature he is and by whose authority he doth and manageth all things And though Principalities generally considered be of God yet the constitution of Princes and their severall degrees of power are meerely from men for if the regall Authority of Kings were meerely from the Law of God or nature as many ignorant Court Doctors now Preach and write it should be the same and like it selfe in all kingdomes the same among the Romans as Parthians Scythians Medes and other Nations But it is not the same among all these Nations but different such Qualis suo cuique placet populo as every People pleaseth to prescribe and make choyce of the Power Rights and Royalties of the Kings of the Parthians Medes and Scythians being such as the Parthians Medes and Scythians please therefore the Rights and Prerogatives of the Roman Empire and Emperours and of the kingdom and King of England too such as the Romans pleased and prescribed by their Lex Regia Which he there prosecutes at large And it is the direct conclusion not onely of this Authour but likewise of Iohn Mariana a Spanish Jesuite in his Booke De Rege Regis institutione l. 1. c. 8. Dedicated to King Philip the third of Spaine and Printed by his and the Emperours speciall Priviledge both in Spaine and Germany That the whole Commonweale kingdome and people are of greater power and Authority than the King as for other reasons so for this that he is but their Creature Servant and derives all his Royall Authority from them alone not for his owne but their service and benefit who may enlarge or restraine it as they see just cause And not to trouble you with Foraine Authorities in this point which are infinite I shall onely acquaint you with the resolutions of some eminent ancient Lawyers of our owne Andrew Horne an eminent Lawyer in Edward the first his Reigne in his Myrrour of Iustices Chap. 1. Sect. 2. p. 7 8 9. writes thus of the originall institution of our English Monarches After that God had abated the Nobility of the Britaines who rather used force than right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene forty Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britaine These after great warres elected from among them a King to Reigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of the Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Peeres in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Judge and Party OF RIGHT IT BEHOVES that the King should have COMPANIONS for to â—eare and determine in Parliaments all the Writs and plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could not otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the third his Reigne as in his forecited Passages so in others resolves That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a King but by the Parliament the Kingdomes great Counsell by whose Counsell and consent alone all Lawes were first enacted and yet are as the same Authour informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on earth when be came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his justice and so would be under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humility refused not to be
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath inquiring of THE SAME PEOPLE IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD Who with ONE ACCORD CONSENTED THERETO Which Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth Quibus completis Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy convertit se ad omnes plagas Ecclesiae INDICANS POPULO REGIUM JURAMENTUM quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE ejus jussionibus obtemperare VELLENT ET RESONSUMESTA PLEBE resono clamore QUOD LUBENTER SIBI PARERE VELLENT Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings from all these I say it is apparent First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and hereditary though it hath usually gone by descent but arbitrary and elective when they saw cause many of our Kings comming to the Crowne without just hereditary Title by the Kingdomes Peeres and people free election onely confirmed by subsequent Acts of Parliament which was then reputed a sufficient Right and Title by vertue whereof they then reigned and were obeyed as lawfull Kings and were then and yet so acknowledged to be their right by Election of their Subjects the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. 9 E. 4. f. 2 declares King Henry the 4. 5. and 6. to be successively Kings of England indeed and not of right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his Soveraigne and violently usurped his Crowne at first before any Parliament gave it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughter in Bosworth field was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 c. 9 E. 4. f. 1 2. and Henry the 7. had the Crown set upon his head in the field by my Lord Stanly as though saith Grafton he had been elected king by the voyce of the people as in ancient times past in divers Realmes it hath been accustomed Secondly that those Kings who have enjoyed the Crown by succession descent or election have still taken it upon the conditions and covenants contained in their Coronation Oathes which if they refused to sweare to the Peeres and people really and bona fide to performe they were not then to be crowned or received as Kings but adjured in the name of God to renounce this dignity And though in point of Law those who enjoy the Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent Conditions both contained in their Coronation Oathes which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law ever since Edward the Confessors daies and long before as Father Littleton resolves the Office of a King being an Office of the greatest trust of any other which the Common Law binds the King well and lawfully to discharge to doe that which to such Office belongeth to doe as the Oathes of all our Kings to their people really to performe these Articles and Conditions fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure to take or refuse them if he will but necessary and inevitable by the Law and constant usage of the Realm yea of all Christian most Pagan Realms whatsoever which prescribe like Oathes to their Kings From aâ—l which I may firmely conclude that the whole kingdome and Parliament are the Supreame Soveraigne Authority and Paramount the king because they may lawfully and dâ—e usually prescribe such conditions termes and rules of governing the people to him and bind him thus by Oath faithfully to perform the same as long as he shall continue King which Oath our Kings usually tooke or at least faithfully promised to take to their Subjects in ancient times before ever they did or would take an Oath of fealty homage or Allegiance to them as the premises evidence Claus. Rot. 1 R. 2. M. 44. Tenthly Our Parliaments and Kingdome anciently in times of popery and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe to transferre it from the right heire and setle it on whom themselves thought meete to elect for their King and likewise to call their Kings to an account for their mis-government and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judiciall sentence in Parliament actually to depose them and set up others in the Throne as the fore-cited presidents of Archigallo Emerian two ancient Brittish Kings of Edwin king of Mercia and others deprived of all honour and kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression Male-administration vicious lives and others elected and made kings in their places evidence which Acts of theirs they then reputed just and legall I shall cite you onely two presidents of this kind which have meere relation to Parliaments The first is that of King Edward the second who being taken prisoner by his Queen Sonne Nobles for his male-administration the Queen with her sonne by the advice of her Councell summoned an high Court of Parliament at Westminster in the Kings name which began the 16 day of January An. 1325. In which assembly it was declared that this Realm could not continue without an head and governour and therefore first they agreed to draw into Articles the Mis-government of the king that was in prison and all his evill doings which he had done by evill and naughty Counsell And when the said Articles were read and made knowne to all the Lords Nobles and Commons of the Realme they then consulted how the Realme should be governed from thenceforth And after good deliberation and consultation of the foresaid Articles of the Kings evill government they concluded THAT SUCH A MAN WAS NOT WORTHY TO BE A KING NOR TO WE ARE A CROWNE ROYALL And therefore they all agreed that Edward his eldest sonne who was there present and was rightfull heire should be crowned King in stead of his Father SO THAT HE WOULD TAKE ABOUT HIM SAGE TRUE AND GOOD COUNCELL and that from thenceforth the Realm might be better governed then before it had been And it was also agreed that the old king his father should be well and honestly kept as long as he lived according
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the 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
was thus set in his Throne to the great rejoyceing of the people the Archbishop of Canterbury began there an Oration oâ— Collation in manner as after followeâ—h Vir Dominabitur in populo 1 Râ—gum cap. 9. These be the words of the high and most mighty King speaking to Samuel his Prophet teaching him how he should chuse and ordaine a Governour of his people of Israel when the said people asked of him a King to rule them And not without cause may these words be said here of our Lord the King that is For if they be inwardly conceived they shall give unto us matter of consolation and comfort when it is said that a Man shall have Lordship and rule of the people and not a Childe for God threatneth not us as he sometime threatned the people by Esay 3. Esay I fhall saith our Lord give children to be their Rulers and Princes and weake or fearfull shall have dominion over them But of his great mercy hee hath visited us I truâ—t his peculiar people and sent us a Man to have the rule over us and put by Children that before time ruled this land after childish conditions as by the works of them it hath right lately appeared to the great disturbance of all this Realme and for want and lack of a man For as saith the Apostle Paul in 1. Cor. 14. When I was a childe I savoured and spake as a childe but at the time when I came to the state of a man then I put by all my childish conditions The Apostle saith he savoured and spake as a childe in whom is no stedfastnesse or constancy for a childe will lightly promise and lightly he will breake his promise and doe all things that his appetite giveth him unto and forgeteth lightly what he hath done By which reason it followeth that needs great inconvenience must fall to that people that a Childe is ruler and Governour of nor is it possible for that Kingdom to stand in felicity where such conditions reigne in the head and ruler of the same But now wee ought all to rejoyce that all such defaults bee expelled and that a Man and not a Childe shall have Lordship over us to whom it belongeth to have a sure reine upon his tongue that he may be knowne from a Childe or a Man using childish conditions of whom I trust I may say as the wise man saith in his Proverbs Blessed be the man that hath wisdome and that aboundeth in prudence For that man that is ruled by sapience must needs love and dread our Lord God and whoso loveth and dreadeth him it must consequently follow that he must keep his Commandements By force whereof he shall minister true Justice unto his Subjects and do no wrong nor injury to any man so that then shall follow the words of the wise man which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King being a just and right wise man for the tongue of him worketh not iniquity and injustice but the tongue of the wicked and sinners covereth iniquity And who that worketh or ministreth Justice in due order he not only safe guardeth himselfe but also holdeth the people in a surety of restfulnesse of the which ensueth peace and plenty and therefore it is said of the wise King Solomon Eccles. 10. Blessed and happy is that land of which the King or Ruler is noble and wise and the Princes be blessed that live in his time As who would say They may take example of him to rule and guide their Subjects for by the discretion of a noble and wise man being in authority many evils are sequestred and put apart and all dissemblers put unto silence for the wise man considereth well the great inconveniences which daily now grow of it where the childe or insipient drinketh the â—weet and dilicious words unadvisedly and perceiveth not intoxication which they be mingled or mixt with till he be invironed and wrapped in all danger as lately the experience thereof hath been apparent to all our sights and knowledges and not without the danger of all this Realm and all was for lacke of wisdome in the Ruler which deemed and taught as a childe giving sentence of wilfulnesse and not of reason so that while a childe reigned selfe will and lust reigned and reason with good conscience was outlawed with Justice stedfastnesse and many other vertues But of this perill and danger wee be delivered by the especiall help and grace of God because he that now ruleth is not a childe but perfect in reason for he commeth not to execute his owne will but his will that sent him that is to wit Gods will as a man unto whom God of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man wherefore of this man we shall not onely say that he shall dwell in wisdome but as a perfect man and not a childe he shall thinke and deem and have such circumspection with him that hee shall diligently forelooke and see that Gods will be done and not his and therefore now I trust the words of the wise man Eccles. 10. shall be verified in our King saying A wise and discreet Iudge shall now deeme his people and the Dominion or Lordship of a discreet wise man shall stand stedfast whereupon shall then follow the second verse of the same Chapter saying Like as the Head and Soveraigne is replenished with all sapience and vertue in guiding of his people administring to them Law with due and convenient Iustice so shall the Subjects be garnished with awe and loving dread and beare unto him next God all honour truth and allegiance So that then it may bee concluded with the residue of the foresaid verses Such as the Ruler of the City is such then be the inhabitants of the same So that consequently it followeth A good Master maketh a good Disciple And likewise an evill King or Ruler shall lose his people and the Cities of his Kingdome shall be left desolate and uninhabited Wherefore thus I make an end in stead of a childe wilfully doing his lust and pleasure without reason now shall a man be Lord and Ruler that is replenished with sapience and reason and shall governe the people by skilfull doings setting apart all wilfulnesse and pleasure of himselfe so that the word that I began with may be verified in him Ecce quia vir dominabitur in populo the which our Lord grant and that he may prosperously reign unto the pleasure of God and wealth of his Realm Amen The which Oration being thus finished and the people answering with great gladnesse Amen The King standing upon his feet said unto the Lords and Commons present Sirs I thanke you my Lords Spirituall and Temporall and all the States of this Land and doe you to understand that it is not my will that any man think that by the way
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
a Kingdome and society of men to governe as Aristotle Cicero Polibius Augustine Fortescue and all other Polititians accord before there could be a King elected by them for to governe them And those Kingdomes and societies of men had for the most part some common lawes of their owne free choice by which they were governed before they had Kings which lawes they swore their Kings to observe before they would crowne or admit them to the government and likewise gave them a further oath to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection as is evident by the Coronation oaths of all our own yea of most other Christian and some Pagan Kings continuing to this very day and these words in the Kings oath QUAS VULGUS ELEGERIT which intimates the choice of Lawes to be wholly and fully in the peoples free elections prove beyond Contradiction Yea those ancient law-givers Solon 〈◊〉 Liâ—â—rguâ— Numa with others who tooke paines to compile Lawes for severall Kingdomes and Republikes did only recommend them to the people whose voluntary aâ—â—ent unto them made them binding Which lawes they either altered or repealed as they saw cause Besides during Interrognums in sorraigne elective Kingdomes the Estates in Parliament have power to make new binding Lawes repeale and alter old as they did in Aragon after Sanchius his decease before they elected a new King whom they swore to observe the Lawes then made before they would admit him without any Kings assent at all who yet give their royall assent to Lawes made in their reignes And in our owne and other successive Kingdomes during the Kings infancy dotage absence the Kingdomes and Parliaments have an absolute power as I have already manifested to create Regents or Lord-Protectorsâ— to execute royall authority and give royall assents to publike acts in the Kings name and steads without their actuall personall assents which lawes being necessary for the Subject shall be as firme and obligatory to King and Kingdome as those to which they actually assent Yea if Kings chance to die without any heire the Kingdome in such a case may assemble of themselves and make binding necessary lawes without a King and alter the very frame of government by publike consent Therefore the royall assent to just necessary publike Bills is in truth but a formall Ceremony or complement much like a Kings Coronation without which he may be and is a lawfull King bestowed by the people upon Kings for their greater honour with this limitation that they must not deny it when they of right require it to any just or necessary law not simply to make but declare confirm a law already made and passed by both houses much like a Tenants attornment to the grant of a Reversion And therefore Kings may neither in law nor conscience deny it when it is necessarily demanded to any just publike Bills unlesse they can shew good reason to the contrary so farre as to satisfie their people why such lawes should not passe Tenthly Our very lawes in many cases deny the King an absolute negative voice or power even in matters of Prerogative because they are contrary to his oath and mischeivous to the Republike This appeares most clearly in matters of Pardons the Statutes of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact That Charters of pardon shall not be granted for man slaughters Roberies Fellonies and other Trespasse but ONLY WHERE THE KING MAY DOE IT BY HIS OATH that is to say where a man slayeth another in his owne defence or by misadventure or in case where he may doe it KEEPING AND SAVING THE OATH OF HIS CROWNE Soe the King cannot pardon nor release the repairing of a Bridge or Highway or any such like publike charges or any publike Nusances or offences against paenall Lawes pro bono publico because it is contrary to the trust and confidence reposed in him for the publike good because the republike hath an interest herein and the pardoning of them would be mischeivous for the common good In like manner the King cannot deny delay nor deferre Iustice nor stay the Iudges from doing present right and justice to any of his Subjects by his Letters under his great or privy seale because it is contrary to his oath and duty Neither can he by his absolute Prerogative impose any the least â—axe or imposition on his subjects without their common consent in Parliament nor yet authorize any other to kill beat wound imprison any mans person or take away his goods without due processe of law Yea the very lawes and custome of the Realme deny the King any absolute negative voice even in the Parliament House in reversing erronious Iudgments Charters Patents declaring what is law in difficult cases or in proceedings and sentences against Delinquents or in any one particular whatsoever which concernes the administration of right or common Iustice. Therefore by the selfesame reason the very law denies him any such negative voice in refusing his royall assent to Bills of common right and Iustice And as both Houses doe alwayes over-rule the King not He both Houses in the one so by parity and congruity of reason they ought to oversway him in the other there being the same reason in both cases and the one no greater an â—ntrenchment upon his Prerogative than the other Eleventhly This is infallibly proved by the usuall forme of our Kings answers to such Bills as they assent not to Le Roy so it a visera The King will bee advised or take further consideration which is no absolute deniall but a craving of longer time to advise upon them and thereupon to assent to them if he can see no just cause to the contrary or else to give satisfactory reasons why he cannot assent Which answer were not proper nor formall had the King an absolute negative voyce to reiect Bills without rendering a sufficient satisfactory reason of his refusall of them Twelfthly publike Bills for the Subiects common good are formed for the most part by the Lords and Commons themselves who in truth as I have elsewhere proved are the chiefe Law-makers who as Aristotle defines know better what is good and necessary for their own benefit then the King their publike Minister for their good Itaque majorum rerum potestas jure populo tribuitur is Aristotles resolution Therefore in passing such Bills there is greater â—eason that both Houses should over-rule the King then the King them It is usuall in all inferior Counsells of State Law Waâ—ie of the Kings own choise for the Counsell to over-rule the King in matters of State Law Warre unlesse the king can give better reasons against than they doe for their conclusive advise and kings in such cases doe usually submit to their Counsells determinations without
5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipulation of every member of any Republicke State or Society of men for mutuall defence one of another upon all occasions of invasion made at their first association and incorporation into a Republike state kingdome Nation of which we have a pregnant example Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it or shall himself become an open enemie to it the Subjects are obleiged by the self-same reason law equity especially upon the Parliaments command to Arm themselves to defend their Native Country Kingdome against these forraigne and domesticke Forces and the King himselfe if he joyne with them as farre forth as they are bound to doe it upon the Kings own Writ and Commission in case he joyned with the Parliament and Kingdome against them the necessary defence and preservation of the Kingdome and themselves and of the King onely so farre forth as he shewes himselfe a King and Patron not an enemie of his Kingdome and Subjects being the sole ground of their engagement in such defensive warres according to this notable resolution of Cicero Omnium Societâ—tum nulla est gratior nulla cariâ— quà m ea quae 〈◊〉 Reâ—ublica est unicuique nostrum Cari sunâ— pareâ—tâ—s cari liberi propinqui familiares SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST iro qua quis bonus dubitâ—t mortem oppetere si ei sit profuturus Quo est detestabilior illorum immanitas qui lacerant omni scelere Patriam nâ—a funâ—itus delenda occupati sunt fuerunt and seeing kings themselves as well as Subjects are bound to hazard their lives for the preservation of their Kingdomes and peoples safetie and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives as I have elsewhere manifested it cannot be denyed but that every Subject when the King is unjustly divided against his Kingdome Parliament and People is more obleiged to joyne with the kingdome Parliament and his Native dearest Countrey who are most considerable against the King than with the king against theâ— and rather in such a case than any other because there is lesse neede of helpe and no such danger of ruine to the whole Realme and Nation when the King joynes with them against forraigne invading enemies as there is when the king himselfe becomes an open intestine Foe unto them against his Oath and Duty and the Peopâ—es safety being the Supremest Law the Houses of Parliament the most Soveraigne Authoritie they ought in such unhappie cases of extremitie and division to oversway all Subjects to contribute their best assistance for their necessary just defence even against the king himself and all his Partisans who take up Hostile Armes against them and not to assist them to ruine their owne Country Kingdome Nation as many as now over-rashly do Fifthly I conceive it cleare Law that if the King himselfe or his Courtiers with him shall wrongfully assault any of his Subjects to wound rob or murther them without just cause that the subjects without any guilt of Treason or Rebellion may not onely in their owne defense resist the King and his Courtiers assaults in such a case and hold their hands as Doctor Ferne himselfe accords but likewise close with and disarme them and if the King or his Courtiers receive any blowes wounds in such a case or be casually slaine it is neither Treason nor Murder in the Defendants who had no Treasonable nor murtherous intention at all in them but onely endeavoured their own just defence attempting nothing at all against the kings lawful Royall authority as is cleare by all Law Cases of man slaughter se defeâ—dendo and to put this out of question I shall cite but two or three cases of like Nature It hath beene very frequent with the Kings of England France and oâ—her Princes for triall of their man hood 〈◊〉 runne at Iousts and fight at Barriers not onely with forraigners but with their owne valiantest Lâ—rds and Knights of which there are various Examples In these Martiall disports by the very Law of Armes these Subjects have not onely defended themselves against their kings assaults and blowes but retorted lance for lance stroke for stroke and sometimes unhorsed disarmed and wounded their Kings our Kiâ—g Henry the eight being like to be slaine by the Earle of â—uffolke at a 〈◊〉 in the 16. yeare of his reigne and no longer since then the yeare 1559. Henry the 2 d King of France was casually slaine in a Ioust by the Earle of Mountgommery his Subject whom hee commanded to Iust one bout more with him against his will whose Speare in the counter-blow ran so right into one of the Kings eyes that the shivers of it peirced into his head perished his braine and slew him yet this was Iudged no Treason Fellony nor offence at all in the Earle who had no ill intention If then it hath ever beene reputed lawfull and honourable for Subiects in such militarie exercises upon the challenges of their kings to defend themselves couragiously against their assaults and thus to fight with and encounter them in a martiall manner though there were no necessity for them to answer such a challenge and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony then much more must it be lawfull by the Law of Armes Nature and the kingdome for the Parliament and subjects in a necessary just unavoydable warre to defend resist repulse the kings and his Cavaleers personall assaults and returne them blow for blow shot for shot if they will wilfully invade them and if the king or any of his Forces miscarry in this action they must like King Henâ—y the 8 th when endangered by tilting blame themselves alone and have no other just legall remedie but pâ—tience it being neither Treason Rebellion nor Murther in the defensive party and most desperate folly and frenzie in any Prince to engage himselfe in such a danger when he neede not doe it I reade of Charles the first of France that he fell sodainely destracted upon a message he recâ—ived from an old poore man as he was marching in the head of his Army and thereupon thinking himselfe betrayâ—d incountred his owne mâ—n and slew two or three of themâ—ere they were ware of him wounding others Whereupon they closing with him disâ—rmed and led him away forceably keeping him close shut up like a Bedlam â—ill he recovered his senses I thinke no man in his right wits will deeme tâ—is their action Treasonable or unlawfull neither did the king or any in that age thus repute it If then a King in an angry franticke passion for Irâ— brevius furor est shall take up
force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16 17 18. Ezra 7. 26. Eccles. 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For allunanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remâ—nstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who mâ—ke this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Supâ—ose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the Câ—â—valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
that his Faâ—hers decree and the Scriptures foretelling his Passion might be fulfilled as himselfe resolves not because hee deemed resistance Vnlawfull which he even then approved though hee practised it not as these Texts doe fully proove Fourthly The lawfulnesse of a defensive Warre against the invading Forces of a Soveraigne is warranted by the example of the City Abel which stood out and defended it selfe against Ioab Davids Generall and his Forces when they besieged and battered it till they had made their peace with the head of Sheba who fled into it for shelter 2 Sam. 20. 14. to 23. And by that of Ester Ch. 8. 8. to 17. chap. 9. 1. to 17. pertinent to this purpose Where Haman having gotten the Kings Decree to be sent unto all Provinces for the utter extirpâ—tion of the whole Nation of the Iewes the King after Hamans Execution through Gods great mercy and Mordecaies and Queene Esters diligence to prevent this bloody massacre by their Enemies granted to the Iewes in every City by Letters under his Seale To gather themselves together and to stand for their lives to destroy to slay and to cause to perish all the power of the people and Province That would Assault them both litle ones and women and to take the spoile of them for a prey and that the Iewes should be ready against the day to avenge themselves of their enemies Hereupon when the day that the Kings Commandment and Decree for their extirpation drew neeâ—â— to be put in execution in the day that the enemies of the Iewes hoped to have power over them the Iewes gathered themselves together in thier Cities throughout all the Provinces of King Ahasuerus to lay hand on such as sought their hurt and no man could withstand them for the feare of them fell upon all people And all the Rulers of the Provinces and the Lieutenants Deputies and Officers of the King helped the Iewes because the feare of Mordecai fell upon them So the Iewes smote all their enemies with the stroake of the Sword and slaughter and destruction and did what they would unto those that hated them In the Place they slew eight hundred men and Hamans tenne sonnes on severall dayes And the other Iewes that were in the Provinces gathered themselves together and Stood for their Lives and had rest from their enemies and slew of their foes seventy and five thousand but they laid not their hands on the prey Loe here a Defensive war justified and granted lawfuâ—l by the Kings owne Letters to the Iewes against their enemies who by former Charters from him had Commission wholly to exâ—irpate them Neither had this licence of the Kings in point of Coâ—science been lawfull had their defence and resistance of the Kings former Commission been wholly unlawfull And the reason of the Kings grant to them to resist and slay their Enemies that would assault them was not simply because their resistance without it ad standing for their lives had beene unlawfull by reason of the Kings first unjust Decree which they ought not in Conscience to submit to without repugnancy But onely to enable the Iewes then Captives and scattered abroad one from another in every Province with more convenience securitie boldnesse and courage now to joyne their forces together to resist their malicious potent enemies to daunt them the more thereby Nature it selfe yea and all Lawes in such a bloody Nationall Butchery as this without any jâ—st cause at all both taught and enâ—bled every one of the Iewes to stanâ— for his life his Nations Religâ—ons preservation even to the last drop of blood Therefore the Letters of the King did not sâ—mply enable them to resist tâ—eir enemies which they might have done without them but give them Authority to destroy and slay the Wives and little children of their Enemâ—es and to take the spoile of them for a prey which they reâ—used to doe because they deemed it unjust notwithstanding the Kings permission and concessiâ—n which as to these particulars was illegall and more then hee could justly grant This generall Nationall resistance of Gods own people then of their assaulting cruell Enemies even among Strangers in the land of their Captivity under a forraigne Enemy with the former and other following precedents will questionlesse more then conjecturally prove if not infallibly resolve The lawfulnesse of a necessary Defensive Warre and opposition by free Subiects against their Kings assailing Forces which seekes their ruine though armed with their Kings Commission and that without any Ordinance of Parliament authorising them to resist much more then when enabled to oppose them by Oâ—dinances of boâ—h Houses as the Iewes were to resist and slay their enemies by this Kings Letters and Authority Thirdly That kind of resistance which hath no one Text nor Example in Scripture to impeach its lawfulnesse but many Texts and precedents to countenance it must doubtlesse be lawfull in point of Conscience But the resisting of Kings invading pillaging destructive Forces who have nothing to plead to justifie all their Villanies but a void illegâ—ll Warrant hath no one Text nor example in Scripture to impeach its lawfulnesse for ought I can finde and if there be any such I wish the Opposites would object it for Râ—m 13. as I shall shew hereafter doth no waies contradict but approve it But it hath many Texts and precedents to countenance it as the premises and sequell attest Therefore it must doubtlesse bee lawfull in point of Conscience Fourthly it is confessed by all men yea those who are most intoxicated with an Anabaptisticall spirit condemning all kind of warre refusing to carry Armes to defend themselves against any Enemies Theeves or Pirates that it is lawfull not onely passively to resist their Kings unlawfull Commands and invading Forces but like wise by flight hiding or other pollicies to evade and prevent their violence which is warranted not onely by Moses Davids and Elijahs their severall flights from the violence of the Egyptians Saâ—â— and 〈◊〉 who sought their lives but likewise by Iâ—seph Marâ— and Christ himselfe who fled into Egypt to escape the handâ— and but chery of King Herod by Christs own direction to his Disciples Matthâ— 10 23. But when they persâ—cute you in this City flee yee into another and that Prediction of his Matth. 23. 34. Behold I seâ—d unto you Prophets and wise men and Scribes and â—â—me of them ye shall kill and crucifie and some of them shall you scourge in your Synagogues and persecute them from City to City which was really fulfilled Acts 8. 3. 4. c. 9. 12. c 11. 19. c. 13 50 51. c. 14 1 to 24. c. 17. 1. to 16. c. 22 42. c. 26. 11. 12. c. 9. 24 25 26. â— Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his bâ—oke De Fuga in persecutione Hence then I argue thus That unjust violence of Princes and their Armies which Subjects with a safe conscience may decline
very recitall of this argument is an ample satisfactory refutation of it with this addition These seditious Levites Rebelled against Moses and Aaron onely because God himselfe had restrained them from medling with the Priests Office which they would contemptuously usurpe and therefore were most severely punished by God himself against whose expresse Ordinance they Rebelled Ergo the Parliament and Kingdome may in no case whatsoever though the King be bent to subvert Gods Ordinances Religion Lawes Liberties make the least resistance against the king or his invading forces under paine of Rebellion High Treason and eternall condemnation This is Doctor Fernes and some others Bedlam Logicke Divinity The next is this Thou shalt not revile the Gods nor curse the Ruler of thy people Ex. 22. 28. Eccl. 10. 20. Curse not the King no not in thy thought and curse not the rich in thy bed-Chamber which is well explained by Prov. 17. 26. It is not good to strike Princes for equitie Ergo it is unlawfull for the Subjects to defend themselves against the Kings Popish depopulating Cavaleers I answer the first text pertaines properly to Judges and other sorts of Rulers not to Kings not then in being among the Israelites the second to rich men as well as Kings They may as well argue then from these texts that no Iudges nor under-rulers nor rich men whatsoever though never so unjust or wicked may or ought in conscience to be resisted in their unjust assaults Riots Robberies no though they be bent to subvert Religion Lawes Liberties as that the King and his Souldiers joyntly or severally considered may not be resisted yea these acute disputants may argue further by this new kinde of Logicke Christians are expresly prohibited to curse or revile any man whatsoever under paine of damnation Rom. 12. 14. Mat. 5â— 44. Levit. 19. 14. Numb 23. 7. 8. 2 Sam. 16. 9. Levit. 20. 9. c. 24. P 1. 14. 23. Levit. 20. 9 Prov. 20. 20. 1 Cor. 6. 10. 1 Cor. 4. 12. 1 Pet. 2. 23. Iude 9. Ergo we ought to resist no man whatsoever no not a theefe that would rob us cut-throate Cavaleers that would murther us lechers that would ravish us under paine of damnation What pious profitable Doctrine thinke you is this All cursings and railings are simply unlawfull in themselves all resistance is not so especially that necessary we now discourse of against unlawfull violence to ruine Church and State To argue therefore all resistance is simply unlawfull because cursing and reviling of a different nature are so is ill Logicke and worse Divinity If the objectors will limit their resiâ—tance to make the Argument sensible and propose it thus All cursing and râ—viling of Kings and Rulers for executing justice impartially for so is the chiefe intendment of the place objected delinquents being apt to clamour against those who justly censure them is unlawfull Ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull the sequell I shall grant but the Argument will be wholy impertinent which I leave to the Objectors to refine The third Argument is this That which peculiarly belongs to God no man without his speciall authority ought to meddle with But taking up Armes peculiarly belongeth to be Lord. Deut. 32. 35. Where the Lord saith vengeance is mine especially the sword which of all temporall vengeance is the greatest The Objector puts no Ergo or conclusion to it because it concludes nothing at all to purpose but onely this Eâ—go The King and Cavalleeres must lay downe their Armes and swords because God never gave them any speciall commission to take them up Or Ergo no man but God must weare a sword at least of revenge and whether the kings and Cavalleers Offensive or the Parliaments meere Defensive sword be the sword of vengeance and malice let the world determine to the Objectors shame The fourth is from Eccles. 8. 2. 3. 4. I councell thee to keepe the Kings Commandment and that in regard of the Oath of God Be not hasty to goe out of his sight stand not in an evill thing for he doth whatsoever pleaseth him where the word of a king is there is power and who may say unto him what dost thou This Text administers the Opposites a double Argument The first is this All the Kings Commands are to be kept of all his Subjects by vertue of the Oathes of supremacy alleigance and the late protestation including them both Ergo by vertue of these Oathes we must not resist his Cavalleeres but yeeld our thoates to their swords our purses and estates to their rapines our chastities to their Lecheries our Liberties to their Tyrannies our Lawes to their lusts our Religion to their Popish Superstition and Blasphemies without any opposition because the king hath oft commanded us not to resist them But seeing the Oath and Law of God and those oathes of ours obleige us onely to obey the Kings just legall commands and no other not the Commands and lusts of evill Councellors and Souldiers this first Argument must be better pointed ere it will wound our cause The second this The king may lawfully do whatsoever pleaseth him Ergo neither are He or his Forces to be resisted To which I answer that this verse relates onely unto God the next antecedent who onely doth and may doe what he pleaseth and that both in heaven and earth Psal. 135. 6. Psal. 115. 3 Esay 46. 10. not to Kings who neither may nor can doe what they please in either being bound both by the Laws of God man and their Coronation Oathes perchance the oath of God here meant rather then that of supremacie or alleigance to doe onely what is lawfull and just not what themselves shall please But admit it meant of Kings not God First the text saith not that a king may lawfully doe what he pleaseth but he doth whatsoever pleaseth him Solomâ—n himselfe committed idolatry built Temples for Idolatrous worship served his idolatrous wives Gods married with many idolatrous wives greivously oppressed his people c. for which God threatned to rent the kingdome from himself as he did the ten Tribes from his son for those sinnes of his David committed adultery and wilfully numbred the people and what King Ieroboam Manasseh Ahab other wicked Kings have done out of the pleasure and freedome of their lawlesse wills to the infinite dishonour of God the ruine of themselves their posterities Kingdomes is sufficiently apparent in Scripture was all therefore just lawfull unblameable because they did herein whatsoever they pleased not what was pleasing to God If not as all must grant then your foundation failes that Kings may lawfully doe whatsoever they will and Solomons words must be taken all together not by fragments and these latter words coupled with the next preceeding Stand not in an evill matter and then Pauls words will well interpret his Rom.
but the quite contrary Should Tyrants enjoyne men as some have done to offer sacrifice to Idols to renounce Christianity abjure Iesus Christ and yeeld up their chastity to their unruly lusts Gods Law and conscience in such cases enjoynes them of necessity to disobey and resist those commands even for conscience sake as every man endued with conscience must acknowledge Therefore this Text extends not to resistance of such exorbitant powers in such lawlesse cases Eighthly the Apostle thus proceeds Vers. 6. For this cause also pay you tribute for they are Gods Ministers attending continually upon this very thing What doe men pay any Tribute to Princes or Magistrates for this cause that they may subvert Religion Lawes Liberties that they may plunder murther warre upon and expose them to the rapine of their ungodly Malignant Cavaliers Or are Magistrates Gods Ministers attending continually upon this very thing to ruine Parliaments Church State people would any men thinke you give Tyrants wages for such a service to cut their throats to devoure and undoe them in soule body estate Or do not they pay tribute to and Magistrates attend continually upon quite contrary imployments If so as none can contradict then the resistance here is onely intended of lawfull Magistrates who continually attend upon their charge to protect the good and punish Malefactors not of Tyrants who doe quite contrary and therefore are to be resisted Ninthly he infers from the premises Vers. 7. Render therefore to every man his due tribute to whom tribute custome to whom custome feare to whom feare honour to whom honour By what Law of God are obedience feare and honour due to Tyrants in their ungodly exorbitant unjust commands to subvert Religion Lawes Liberties Certainly the Apostle hath no where in this Text nor God himselfe in any other Scripture expressed such obedience resistance feare or honour to be due unto them and Elisha his speech to King Iehoram 2 King 3. 13. 14 compared with Ezek. 21. 25. Iob 12. 19. 21. Ch. 34. 19. Nehem. 4. 7. to 20. Ch. 13. 17. Isa. 1. 23. Ch. 41. 25. Lam. 1. 6. Ch. 5. 2 proves directly that they are not their due Therefore this Text extends not to them but onely to lawfull Magistrates Lastly he concludes hence Vers. 8. Owe no man any thing but to love one another for be that loveth another hath fulfilled the Law Now no such Love is owing to Tyrants who subvert Religion Lawes Liberties but we are to hate them with a perfect hatrâ—d as enemies both to God and man borne for the publike prejudice Psal. 139. 21. 22. Psal. 109. 1. to 21. 28 29. but onely just and upright Magistrates Therefore this Text is intended onely of them By all these premises it is undeniable that the resistance here prohibited is onely of lawfull Magistrates in the due execution of their Offices according to the Lawes of God and the Realmes they live in not of tyrannicall oppressing Princes Rulers or their instruments forcibly indeavouring to ruine Religion Lawes Liberties Parliaments Kingdomes which fully refutes the Doctors fourth Observation of which more anon I now proceed to some farther disquisitions for the finall clearing of this Text and herein I shall examine First what is meant by higher powers whether Kings or the Roman Emperor onely as our objectors pretend or all civill Magistrates whatsoever as well as Kings Secondly whether the Roman Emperour in Pauls time were the highest Soveraign power in that State or the Senate Thirdly whether Tyrants and unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case Fourthly whether Kings and kingdomes be Gods Ordinance or an institution jure divino or a humane ordinance jure humano and how farre divine or humane Fiftly what resistance of the higher powers is here prohibited For the first of these By the higher Powers it is cleare that Kings and Emperours onely are not meant as our opposites dreame but all kinde of civill Rulers and temporall Magistrates whatsoever from the King himselfe to the Constable and Tithingman As is apparent first by the word higher Powers used indefinitely in the plurall number without mentioning any speciall kind of power Secondly by those words There is NO POWER but of God the powers THAT ARE that is all lawfull powers whatsoever now in being are ordained of God which universall Negative and Affirmative must necessarily include all lawfull civill powers Thirdly by the following words For Rulers c. that is all Rulers in the plurall number a Title common to all inferiour Officers witnesse Exod. 18. 21. 22. 25 26. See 1 Chron. 12. 14. And Moses chose able men out of all Israel and made them HEADS over the people RVLERS of thousands Rulers of hundreds Rulers of fifties and Rulers of tennes such as our Tithingmen are and they judged the people at all seasons So that the Tithingman is a Ruler a higher power within this Text. Fourthly the word Ministers For they are Gods Ministers c. in the plurall too extending generally to all officers Fiftly by v. 6 7 8. Render therefore to ALL their dues that is to all Magistrates whatsoever as these ensuing words evidence tribute to whom tribuâ—e is due custome to whom custome feare to whom feare honour to whom honour Owe nothing to ANY MAN c. that is to ANY Magistrate or Ruler of what kind soever Sixtly by parallel Texts extending as well to inferiour lawfull Magistrates and Officers as to Kings as â— Tim. 2. 1. I exhort therefore that first of all supplications prayers c. be made for all men for Kings and ALL THAT BE IN AVTHORITIE c. Titus 3. 1. Put them in minde to be subject to principalities and powers to obey Magistrates all in the plurall 1 Pet. 2. 13. 14. Submit your selves to EVERY ORDINANCE of man for the Lords sake whether it be to the King as supreame or unto GOVERNORS in the plurall as unto those that are sent by him for the punishment of evill doers and the prayse of them that doe well Compared with Iosh. 1. 16. 17. 18. Ezra 7. 25 26. Ephes. 6. 1. 5. Col. 3. 18. 20. 23. 1 Tim. 6. 1. Heb. 13. 17. Exod. 22. 28. Chap. 18. 21 22. 25 26. 2 Kings 11. 4. Seventhly by all Expositors generally on this Text ancient moderne Protestants Papists who grant that this Text extends to all civill Magistrates as well inferiour and subordinate as superiour and many sticke not to straine it even to Ecclesiasticall ones So Origen Ambrose Hierome Remigius Theodulus Chrysostome Theodoret Primasius Haymo Rabanus Maurus Theophylact Oâ—cumenius Haymo Aquinas Anselm Iyra Bruno Gorran Hugo de Sancto Victore Tostatus Luther Calvin Erasmus Melanchthon Gualther Musculus Bucer Hemingius Ferus Fayus Soto Alexander Alesius Peter Martyr Pareus Beza Piscator Zuinglius Tollet Willet Wilson Nacclantus Snecanus Vignerius Wenerichius Winckelman Estius Faber Cornelius a Lapide Salmeron Catharinus
not of the Government is not within the intention of this Text and may lawfully bee resisted without any violation of it But Tyrants and unjust oppressing Magistrates as they are such are not Gods ordinance but rather the Devills and their Tyranny and oppression is onely the sinne and enormity of the Governours themselves not of the government A truth granted by all men Therefore they are not within the compasse of this Text and may lawfully be resisted without any violation of it Secondly that which is no point of the Magistrates lawfull power ordained of God but diametrally repugnant to it cannot be within the meaning of this Text and may lawfully be resisted but the tyranny oppression rapine and violence of lawlesse Kings and Magistrates are such as all must and doe acknowledge Ergo they are not within the verge and compasse of this Text and may lawfully bee resisted Thirdly all powers intended in the Text are not only ordained but ordered of God that is as Paraeus with others observe they are circumscribed bounded with certain Rules or Lawes of justice and honesty within which they must containe themselves else they exorbitate from Gods ordinance when they passe beyond these limits and become none of Gods This the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Arias Montanus and others render ordinatae and the Margin of our English Bibles are ordered of God doth sufficiently warrant being coupled with the subsequent limitations For rulers are not a terrour to good workes but to evill c. they are Gods Ministers attending continually on this very thing Now the Tyranny and oppression of Kings and other Rulers are meere exorbitances arbitrary illegall actions exceeding the bounds of justice and honesty prescribed by the Lawes of God and men Therefore not within the limits of this Text and resistible Fourthly it is generally accorded by all Commentators that though the lawfull power of Princes or other Magistrates degenerating unto Tyrants be of God and not to be resisted yet the Tyranny it selfe and abuse of this power is of Satan not of God and the vice of the persons onely not of the Power it selfe whence they conclude that Tyrants are not within the meaning of this Scripture So Origen Paraeus Willet with mâ—â—t others on this Text and Zuinglius most expresly Explanatio Artic. 41. Tom. 1. f. 82. 83. where he complaines that many Tyrants cheate steale rob slay plunder and attempt any thing against their subjects to oppresse them assuming a pretext and vayle of their maâ—ice from this Text of Paul Yea Dominicus Soto Cajetan Pererius and other Popish commentators on this place observe that Paul addes this Epithet of higher or excelling powers omitted by him in other parallel Texts of purpose to exclude Tyrants who are no excelling Lords nor lawfull Powers reigning oft times by Gods permission for the peoples punishment not by his ordination for their good and blame Bucer for saying that Tyrants power is from God as if he were the author of sinne and Tyranny This then fully answers that absurd errour of Docto Ferne wherein all his force is placed That the Powers in Pauls dayes which he here prohibits to resist were subverters of that which was good and the Roman Emperors Tyrants where he sottishly confounds the tyranny lusts and vices of the Emperors persons which were detestable with their power it selfe which was good and commendable as if the Imperiall power it selfe was ill because Nero was ill and was therefore justly condemned to death by the Roman Senate as a publike enemy to the Roman State though they approved and continued his just Imperiall principality which lasted in succession for many hundred yeares after his censure death To which I shall onely adde that though Nero himselfe were a Tyrant yet the Roman Senate and all their Inferiour Offices were not Tyrants many of them no doubt being just and upright Magistrates The Precept therefore being thus in the generall and the plurall number Let every soule be subject unto the higher powers nor personall let them be subject to Nero or speciall to the Roman Emperour whom Paul no doubt would have specified had he specially intended them as our opposites fondly dreame we may safely conclude that the Apostle intended it onely of lawfull powers and Magistrates not of Nero or other Tyrants And writ this to Christians onely to whom he dedicates this Epistle witnesse Ch. 1. V. 7. To all that be at Rome beloved of God called to be Saints c. not â—o Pagan Romans as the Doctor dreames to whom he writes not much lesse to the Roman Senate who were then the soveraigne power and therefore could bee subject to no other but themselves Precepts of obedience to children and Servants concerne not parents and matters as such in point of submission or obedience For the fourth Quere Whether Kings and Kingdomes be Gods ordinance or an institution Iure divino not a humane ordinance instituted Iure â—umano or how farre divine or humane Is a necessary considerable question grounded on this Text and very needfull to be discussed to cleare the present controversie Some of our opposites are so intoxicated with the divinity of Monarchy as they confidently determine hat the efficient cause of royall Monarchicall power is onely God not the people That Kings receive no power or regall Authority from the people but from God alone That the power of Kings is not a humane but a divine power of which God onely is the efficient cause That the people doe not make the King but God properly and absolutely this power right and authority he hath from God That the King hath no dominion and power from his Subjects by way of trust but from God from whom he hath his kingdome and power so â—hat by Idolatry and oppression he breakes not the trust reposed in him by hiâ— Subjects because the people HAVE COMMITTED NOTHING TO HIS CHARGE but God onely c. For proofe whereof they produce Prov. 8. 15. By me Kings reigne Dan. 2. 21. God removeth Kings and setteth up Kings Dan. 4. 17. 25. The most high ruleth in the kingdome of men and giveth it to whomsoever he will and setteth up over it the basest of men with Hos. 13. 11. 1 Sam. 10. 1. Ier. 27. 5 6 7. Isay 45. 1 2. and other Texts To this question distinctly answer and dissipate these grosse erroneous Paradoxes we must distinguish First betweene Government it selfe in generall and kingly or other kindes of government in speciall as our opposites distinguish betweene a Sabbath and the Sabbath the first they say is morall and of divine institution the later not Secondly betweene the Regall power of Kings the persons invested with this power the manner of obtaining and the administration of their power Thirdly of Gods manner of instituting and ordaining things which is two fold immediately by himselfe mediately by others And these institutions of both kinds are
sundry others hereafter mentioned Some elective others successive some conditionall others absolute as I have plentifully mentioned in the Appendix Therefore they are not of divine ordination in the objectors sense Fiftly If Kings were of divine ordination in this sense then their kingdomes and people upon their Elections Institutions and Coronations could not justly prescribe any conditions oathes or covenants to them upon promise of performance whereof they onely accept of them to be their Kings refusing else to admit them to reigne over them and such conditions oathes covenants would be meere nullities since men have no power at all to detract from Gods owne divine institutions or to annex any conditions or restrictions to them But our Antagonists themselves dare not averre that Kingdomes and Nations upon their Kings Coronations Institutions and elections may not lawfully prescribe conditions oathes and limitations to them upon promise of performance whereof they onely submitted to them as their Soveraignes it being the received practise of our owne of all or most other Kingdomes whatsoever especially elective ones and confirmed by divine Authority 2 Chron. 10. 1. to 19. Therefore they are not of divine institution in the objected sense Sixthly All Lawyers and most Orthodox Divines determine that Kings have no other just or lawfull royall Authority but that which the Lawes and customes of their Kingdomes allot them and that the Law onely makes them Kings from which if they exorbitate they become Tyrants and cease to be Kings Their Royall authority therefore is of humane institution properly not Divine from their people who both elect constitute them Kings and give them all their regall Authority by humane Lawes enacted not from God as the onely efficient cauâ—e Seventhly All Kingdomes Monarchies Policies are mutable and variable in themselves while they continue such yea temporary and alterable into other formes of Government by publicke consent if there be just cause without any immediate command or alteration made by God himselfe or his divine authority There being no positive Law of God confining any Nation whose humane earthly condition is still variable to a Monarchicall or any other constant forme of government only much lesse for perpetuity without variation Therefore they are not of divine institution in this sense Eightly St. Peter expressely defines Kings and Monarchies in respect of their institution to be humane creatures or institutions 1 Pet. 2. 13. Submit your selves to every ORDINANCE OF MAN for the Lords sake whetâ—er it be to the King as supreame c. And they are common to Pagans who know not God as well as to Christians Therefore they are not simply divine but humane Ordinances Ninethly Our Antigonists will yeeld that other formes of Government whether Aristocraticall Oligarchicall Democraticall or mixt of all three are not absolutely and immediately of divine institution nor yet Dukes Principalities with other inferior Rulers though the Apostle in this Text makes them all equally Gods Ordinance and Divine Therefore Monarchy Kings and Kingdomes are not so Tenthly The very Text it selfe seemes to intimate that Royalties and higher powers are not of God by way of originall or immediate institutionâ— or command for the Apostle saith not that all powers whatsoever were originally instituted and ordained by God himselfe but There is no power but of God The powers that be are not were at first ordained or rather ordered of God that is where powers and Governments are once erected by men through Gods generall or speciall providence there God approves and orders them for the good of men 2. If Monarchies and Kings themselves be not of divine institution and Gods ordinance in the former sense as is most apparent Aristotle Plato all Politicians grant Then they are so onely in some other sense in what I shall truely informe you First They are of God and his Ordinance by way of imitation as derived from Gods owne forme of Government which is Monarchicall Whence he is called The only God God alone the King of Kings and Lord of Lords Secondly By way of approbation He approves and allowes this kinde of Government where it is reâ—â—ived as well as other formes Thirdly by way of direction he gives divers generall rules and directions to Kings and to other Rulers and Magistrates also as well as them in his sacred word how they ought to demeane themselves towards him and their Subjects and likewise to Subjects how they should carry themselves towards their Kings and all other Rulers and Governours temporall or spirituall in which sense they may be properly said to be ordered and ordained too of God Fourthly By way of speciall providence and incitation God excites and moves some people to make choyce of Kings and Monarchicall formes of Government rather than others and to elect one man or family to that dignity rather than others yea his providence mightily rules and swayes in the changes the elections actions counsels affaires of Monarchies Kingdomes Kings States to order them for his own glory the Kings the Subjects good or ill in wayes of Justice or Mercy as is evident by Dan. 2. 21. c. 4. 17. 25. Hos. 13. 11. Ier. 27. 5 6 7. Isa. 45. 1 2 3. c. 10. 5. to 20. Psal. 110. 5. Psal. 113. 7 8. Iob 12. 18. to 25. Dan. 5. 26. 28. The genuine dâ—ift of all these Texts Fifthly Kings may be said to be of God and his Ordinance because they and so all other Rulers Judges Magistrates as well as they in respect of their representation and the true end of Government are said to be Gods to be Gods Ministers and Vicegerents to sit upon Gods Throne and ought to reigne to judge for God and to rule Gods people according to Gods Word with such justice equity integrity as God himselfe would Governe them Exod. 22. 28. 2 Chron. 9. 8. Rom. 13. 4 5. 2 Sam. 23. 3. Psal. 78. 72 73 74 2 Sam. 5. 2. Prov. 8. 15 18. Psal. 82. 1. 1 Cor. 8. 5. Isa. 32. 1. c. 9. 7. c. 16. 5. Deut. 1. 17. Sixthly Ill Kings and Tyrants may be said to be of God by way of permission and of Ordination too in reference to the peoples punishment Iob 34. 30. Hos. 13. 11. 1 Sam. 8. 18. In these regards common to all other Governours and lawfull Governments as well as Kings and Monarchies Kings and Kingly Authority are and may be said to be of God and Gods Ordinance yet not immediately or properly in the first acception here refuted but so as that still they are really the institutions and ordinances of men of humane not divine right and authority As for the objected Scriptures to prove Kings jure Divino as Prov. 8. 15. By me Kings Reigne c. Ergo they are of immediate divine institution and have all their authority from God not from the people and may in no case be resisted censured deposed or put to death for any misdemeanours the consequences thence inferred
plunder the people committed by God to their cures or attempt with force to subvert Râ—ligion Laws Liberties or commit any capitall offences they may not onely with safe conscience be resisted repulsed by their people but likewise apprehended arraigned deprived condemned executed by Lay Iudges as infinite examples in our Hiâ—â—ories manifest and the â—xample of Abiathar the High Priest 1 Kings 2. 26 27. And if so then why not Kings as well as they or other temporall Mâ—gistâ—ates not withstanding any of the objected Texts Either therefore our Oppoâ—ites must grant all Bishops Priests Ministers yea all oâ—her Magistrates whatsoever as irresistible uncensurable undeprivable uncondemnable for any crimes whatsoever as they say kings are which they dare not do or else make Kings as resistible censurable deprivable and lyable to all kindes of punishments by their whole Kingdoms consent in Parliament as far forth as they notwithstanding all the former Objections which quite subverts their cause Thirdly Kings and Kingdoms are not so Gods Ordinance as that they should be universall over all the world and no other Government admitted or so as any one Nation whatsoever should be eternally tyed to a Monarchicall Government without any power to alter it into an Aristocracy or other form upon any occasion or so aâ— unalterably to continue the Soveraign power in one family alone as not to be able to transfer it to another when the whole State shall see just cause Hereditary Kingdoms being but Offices of publike trust for the peoples good and safety as well as elective most of them were elective at first and made hereditary onely either by violent usurpation or the peoples voluntary assents and instiâ—tution and not by any immediate divine Authority and so alterable by their joynt assents as Zuinglius Buchanon Mariana observe and the Histories of most Kingdoms the experience of all ages evidence Which truths being generally confessâ—d by all Polititians Historians Statists by many judicious Divines contradicted by no one text of Scripture that I have met with which our Opposites have objected hitherto they will finde all Monarchies upon the matter to be meer humane Institutions alterable still by that humane Power which did at first erect them and subordinate still thereto as the Creature to its Creator and to be Gods Ordinance onely in regard of speciall providence and the like aâ— other inferiour Magistrates Rulers are who may be justly resisted altered removed censured notwithstanding the objected Text. From which whiles some men earnestly presse that every soul by Gods own Ordinance ought to be subject to some publikâ— civill power which others safâ—ly deny since the Patriaâ—ks the first families of most Nations and Countries were not so and all Nations all people before setled publiâ—e governments were erected which in many places are not very ancient since those whose Parents are dead and are not by them subâ—ected to a Government are naturally free and none bound to part with their freedom to any other unlesse they see a necessitie a great advantage and that upon such terms and conditions as they deem meet they involve even Kings and Emperours themselves by Gods own Ordinâ—nce in a subiection to a superiour earthly câ—vill power to wit to their Laws Parliaments Kingdoms which I have proved Paramount them collectively considered according to the common proverbe Omne sub Regno graviore Regnumest and that of Solomon concerning oppressing Kings and Judgeâ— He that is higher then the Highest considers and there be higher then they And so make kings â—ot onely resistble by their whole Kingdoms the supreme Soveraign power but likewise subiect to their Realms superiour commands and uncapable to resist their lawfull power and Forces even in point of Conscience by vertue of this very Text. And so much for the fourth Question For the fifth and last What kinde of resistance of the Higher powers is here prohibited I answer briefly That resistance is here forbidden which is conâ—rary to subiection or obedience as the words Let every soul be subject to the higher Powers coupled with the ensuing reason Whosoever therefore resisteth that is disobeyeth or is not subiect to the Power resisteth the Ordinance of God and they that resist shall receive to themselvs damnation In the Greek there are two distinct words used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Latine English French Dutch use them both as one without distinction The first word signifies properly disordered counter-ordered on ordered against as Paraeus Willet and others observe and it is thus used by the Apostle 2 Thess. 3. 6 7 11 or disobedient 1 Tim. 1. 9. The later word signifieth properly to resist withstand or oppose in which sence it is used Matth. 5. 39. Lukâ— 21. 1 5. Act. 6. 10. Rom. 9. 19. Gal. 2. 11. 2 Tim. 3. 1. Hebr. 12. 4. Iam. 4. 7. chap. 5. 6. 1. Pet. 5. 9. and applied indifferâ—â—tly both to a spirituall corporall and verball resistance of the Holy Ghost the Devill or men Since then the Apostle in this Text useth the Hebrew phrase Soul not Man Let every Soul be subject to the Highâ—r Powers because as Haymo Tollet Willet Soto and most other Interpreters observe we ought willingly and cheerfully to submit to the higher Powers not only with our bodies but soules and spirits too I may hence cleerly inferre that the resistance of the higher Power here prohibited as contrary to this subjection is not only that which is corporall and violent by force of armes as the Objectors glosse it but that likewise which is verball mentall spirituall in the soule it selfe without the body and no more then a meer passive resistance or not obeying For not to doe what the higher Powers enjoyn is in verity actually to resist to withstand them as not to doe the will not to yeeld obedience to the motions dictates of the Holy Ghost or devill is really to resist them even in Scripture phrase Yea corporall resistance or opposition by way of force is only an higher degree of resistance but not the onely or proper resistance here prohibited which relates principally to the Soule and Spirit For as corporall forced obedience against a mans will which still holds out is no true obedience in the esteem of God or men and as the very essence life of all outward obedience consisteth principally in the cheerfull submission or activity of the soule or will So a forced corporall resistance against the mind or conscience is in a manner no resistance and the very malignity quintessence of all inward or outward resistance disobedience rests only in the mind soule will and is here principally forbidden as is evident by the 5. verse Wherefore ye must needs be subject not onely for wrath which relates only to the body which mens wrath can only harm in case of disobedience Mat. 10. 28. but also FOR CONSCIENCE SAKE which principally if not wholly relates unto
divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Done Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Baâ—gor the Duke of Yorke the Earles of Sommerset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawsou In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may jâ—â—rly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most reveâ—end Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaiue Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worceâ—â—er the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberlâ—nd the Earle of Westmerland the Lord Cromwell the Lord Fitz Hâ—gh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff â—homas Chaucer William Allington In the Parliament of 29. Henry 6. num 6. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to Those few fresh Presidents added to the precedent and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and
were still accountable for their actions and misgovernment This Iohn Bodin a famous learned French Lawyer of great experience in State affaires surpassing all who writ before him of Republikes plainly affirmes in these words The Roman Emperours were at first nothing else but Princes of the Common weale that is to say the cheife and principall men the SOVERAIGNTY neverthelesse still RESTING IN THE PEOPLE AND SENATE the Emperour having the Soveraigne authority only infact not in right the State being but a very Principality wherein THE PEOPLE HAD THE SOVERAIGNTY So the German Empire at this day is nothing else but an Aristocraticall Principality wherein the Emperour is head and chiefe the POWER and majesty of the Empire BELONGINGâ— VNTO THE STATES THEREOF who thrust out of the Government Adolphus the Emperour in the yeare 1296 and also after him Wenceslaus in the yeare 1400 and that BY WAY OF IVSTICE AS HAVING IVRISDICTION AND POWER OVER THEM And so properly ancient Romans said Imperium in Magistratibus Auctoritatem in Senatu Potestatem in Plebe Maiestatem in Populo Command to be in the Magistrates Authority in the Senate Power in the Maeniall People and Majesty in the People in Generall The Senate in Rome did consult the people command for Livy oft times saith Senatus decrevit populus iussit the Senate hath decreed and the People commanded Which he there more largely prosecutes as you may read at leysure To all which Bishop Bilson himself doth fully assent affirming that Germany is a free state that the Emperour holds the Empire by election and that but on condition which he takes an oath to performe And if he violate their liberties or his oath they may not only lawfully resist him by force of armes but repell and depose him as a tyrant and set another in his place by the right and freedome of their Countrey And Cassanaeus holds that the people may take away the very name of the Emperour at this day degrade him and resume his royall power This then being an unquestionable verity disproves that palpable common mistake of Dr. Ferne with other ignorant Court Doctors and Royalists who would make the world and Kings beleeve that the Roman Emperours were of greater power and authority than the Senate people the highest powers upon earth to which all persons yea the Senate and people collectively considered ought to submit and that it was unlawfull either for the Senate or people forcibly to resist Caligula Claudius Nâ—ro and other their wickedest and most tyrannicall Emperours much lesse to depose take armes against or call them to a strict just account for their Tyranny Oppression or Misgovernment it being directly contrary to Pauls Doctrine Rom. 13. 1 to 6. Let every soule be subject to the higher powers c. which false groundlesse principle is the sole foundation upon which all their late Sermons Books and rayling Discourses against this Parliaments proceedings and taking up of defensive armes are built when as in truth the Senâ—te people were the highest powers to whoÌ„ the Roman Emperours themselves were to be obedient in all iust requests commands under paine of damnation and subiect to the Senates sword of â—ustice in case of disobedience misgovernment as all the premises evidence yea it likewise manifestly evidenceth that whole States Parliaments are the highest power and above their Kings who are subject to theÌ„ since the Roman and Greek Senates and people heretofore the very German States at this day are the highest power and above their Emperours though ever reputed of greater power Soveraignty and dignity than any Kings and the greatest Monarchs in the world and that therfore Kings even by Pauls Doctrine Rom. 13. ought to be subiect to the higher power and Iurisdiction of their Parliaments the Laws and Statutes of their Realmes and to be accountable to them if not subiect to their censures as some affirme in exorbitant cases of misgovernment which concern the Kingdomes and peoples safety If Kings iniuriously take away the lands goods or imprison the persons of any particular subjects the Law gives every one a particular remedy against them by way of Action or Petition of Right If then every private subiect may have redresse much more the whole Kingdome in and by Parliaments only not in inferiour Courts against their Soveraigns which oppresse them who being subiect unto the Lawes of God and their Realmes which have no respect of persons may as many affirme be questioned and iudged by them in their Parliaments as well as other princes great officers of State and Magistrates who in scripture are called Gods the higher powers and said to be ordained to rule judge by and for God as well as Kings and Emperours It is branded as a spice of Antichristian pride in Popes and their Parasites to deem themselves so High above other men that they are accountable to none but God for their wicked actions though many Popes in former and later times have been questioned censured imprisoned and deposed both by Emperours Kings and Councels for their intollerable misdemeanors And is it not the very selfe same crime in Kings in Emperours and their flatterers to hold this Popish erronious opinion that they are in no case responsible to their whole Kingdomes or Parliaments for their grossâ—st exorbitances Our Popish Prelates and Clergy generally heretofore and some of our Protestant Bishops and Divines of late times from St. Ambrose his practise have held that â—â—ings for murthers rapes and great crying offenceâ— may be Lawfully excommunicated and censured by the spirituall Law and sword as sundry Emperours and Kings have been then why not likewise by the temporall when their Parliaments and whole Kingdoms see just cause the case of hundreds of Emperours and Kings in former time as the Histories of all Nations and ages prove abundantly beyond all contradiction I shall here instance in some few Kings censures subject to the Roman State and Empire with whom I shall conclude this discourse touching the Roman Monarchs Deioratus King of Galatia under the Romans Iâ—risdiction and one of their allies was accused of Treason and condemned to lose both his head and estate for certaine offences against C. Caesar and the Roman State as appeares by Tullies Oration to Caesar in his behalfe to procure his pardon which because it was the first president of this kinde made his advocate say tamen ita inusitatum est Regem capitis reumesse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Deâ—oratus Antigonus King of the Iewes being taken prisoner by Antonius for
moderation By which meanes he verily weakned the power of the Kingdome but yet certainely setled it more lasting and stable Whence Theopompus gave this answer to his complaining and upbraiding wife whether he was not ashamed to leave the Kingdome lesse to his Children then he had received it from his Father No truly saith he for by this means I leave it more stable and lasting A Speech well worthy the consideration of the very greatest hereditary kings These Lacedemonian kings whose honours writes Xenophon were not much better then those of private men Etenim neque Regibus animos addere Tyrannicos voluit Lâ—curgus neque civibus eorum potestatem invisam reddere tooke an Oath every month to governe the Kingdome according to the Lawes enacted I finde that the Cumaeans had a Magistrate whom they called Phylactus whose office was to come into the full Senate and hold the Kings hands who stood in judgement before them untill by the Senators decree their reward or punishment was appointed By which it is apparent that the Cumaean Senate was above their kings and did usually arraigne and punish them iudicially if they saw cause as they rose up in Armes against Aristodomus their king who tyrannized over them by Zenocrita her instigation slew him and so recovered their Liberties The ancient Carthaginians had two kings whom they stiled Suffites who were but annuall removed every yeare Yea the Iberians and Parthians had two joynt kings in ancient times the one to judge the other to governe the people In Meroe where they elected their kings by their beauty strength or wealth their Priests had the chiefe power who had so great authority that sometimes like the Pope and his Nuncioes they would send a Messenger and command the king to be put to death and make another in his steed Which custome was after abolished by one of the kings who violently assaulted and slew all the Priests and in Meroe if the king offended after the Priests power was abolished they inflicted no corporall punishment on him but all with â—rew themselves from him and avoided his company till he was killed with griefe and consumption The Indians will not permit their king to sleep in the day time and if he be drunken at any time if any wâ—man of whom he hath a guard kill him whiles he is drunkeâ— she is so farre from being guilty of Treason that for a reward she shall be married to his Successour much like the ancient publike institution of the Sclavonians recorded by â—axo Grammaticus that the assassinate of evill Kings should succeed them in their kingdomes a things frequently practised in many kingdomes and Empires though very ill enacted in any The Sabaeans confined their Kings to their Palaces and used to stone them if they went forth of their bounds The Mosseriaei whose kings were elective used to punish them when they offended by keeping them fasting a whole dayes space Among some of the Indians if the king dyes having male children of his owne or cosen-gâ—rmans or brothers children they shall not succeed him in the kingdome but his sisters sonne if there be any if not then his next alliance and that ex gentis instituto by the institution of the Nation the reason is because their Priests used to destâ—ure the Queene whose issue is held to be illegitimate In Thracia the people elect a king who is well qualified mercifull grave for his age and one who hath no children For no Father though never so well qualified is admitted to raigne and if he fortune to have issue while he reignes he is deprived and so kept lest the kingdome should become hereditary Yea though the king be never so just yet they will not that he should have the whole power but appoint him 40. Governours left hee alone should judge in capitall causes And if he be convicted of any offence he is punished with death yet not by laying violent hands on him but by publike consent all food is kept from him so as at last he perisheth with famine The Taprobani had this custome that no man who had any children should be chosen king lest he should claime the kingdome as hereditary and make it so The Athenians Ionians Milesians Marchomanni Quadi Persians Sicilians Corinthians Parthians Meroes Gordii Medes Paphii Cathians Aetheopians Sydonians Germans Swedes Danes and other Nations had severall Customes Lawes Rules over-tedious to recite by which they elected and inaugurated their kings of which you may read in Alexander ab Alexandro Strabo Boemus Peter Martyr Purchas and others and different degrees of power and government derived from their kingdomes and people the soveraigne Authority still residing in them to prescribe both Laws and limits to their kings and call them to publike account for their grosse offences and misgovernment The ancient Aethiopians elected the most fanatique Priest for their king whom though they adored and honoured for a God yet Vitam agere STATVTAM LEGIBVS DEBET iuxta patrios mores he ought to live such a life as the Laws appointed him according to the manners of the Country neither ought he to reward or punish any man himselfe though chiefe parâ—s of Royalty The old German kings had no free nor infinite but are strained and bounded power by the Lawes Diodorus Siculus writes that the first Egyptian Kings lived not like other Monarchs to rule all things according to their wills Nullis obnoxii censuris as obnoxious to no censures but all things not only their publike actions but even the regiment of their daily life were conformed to the rule of the Lawes as hethere manifests in sundry particulars botb in respect of their attendants dispatches devotions recreations moderate spare dyet and the like neither was it lawfull for them to judge nor doe any thing nor punish any man out of petulancy or anger or any other unjust cause contrary to what the established Lawes required concerning every of them Whiles they observed these things customarily it was so farre that they tooke it ill or were offended in minde that on the contrary they thought they lived a most blessed life For other men rashly giuing indulgence to the affections of nature acted many things accompanied with losses and dangers yea some men ofttimes although they foreknew they should sinne did notwithstanding perpetrate evill things being led away with love or hatred or some other perturbation of minde but they imbracing the rule of life approved by the most prudent men resolved not to erre from their duty in the least degree Whiles Kings used this Iustice towards their Subjects they had their Subjects bound unto them in greater benevolence and love then their very kindred For not only the Colledge of Priests but the whole Nation of the Aegyptians and likewise every one of them were not so carefull of their wives and children and private goods as of the safety of their Kings Wherefore they preserved the estate of the Republike intire for
a long time under the mentioned kings spending their life in greatest felicity as long as this constitution of Lawes flourished And when these kings dyed all the Aegyptians generally mourned for them in an extraordinary manner divers wayes made solemne Orations in their praise buried them with great pompe and solemnity and erected Pyramides to their eternall honour all which funerall pompous solemnities many ill kings wanted after their deaths ob plebis refragationem because the people gain-sayed it who together with the Priests and Senates who were ever present with the kings to assist counsell and direct them were superiour to their kings since they could thus decree or deny them these funerall honours which made many of their following kings to addict themselves to just actions too for feare of contumelious handling and sempiternall ignominy after their decease So this Author To which I shall adde Xenophons definition of a Kingdome and Tyranny A kingdome is an Empire over men by their free assents according to the Lawes of the City And a Tyranny is an unlawfull Empire over men against their wills which depends upon the will of the Prince And this observation of Polybius That kings in ancient times did give themselves wholly to doe that which was honest and just and to suppresse the contrary the very beginning of all true kingdomes and the end for which kings were first instituted by the people Whiles they thus demeaned themselves they were subject to no envy because they differed not much from others neither in apparell nor in meat and drinke but observed a conversation of life conformable to other men and lived perpetually like to others But afterwards when those who obtained the principality of succession and the prerogative of their blood had those things already provided which made them able to secure themselves and to support their state following their lusts by reason of their abundance they then thought it belonged to Princes to be better clad then subjects to exceed them in costlinesse and variety of meats and to use venery with whom they pleased Hence envy and offence was begotten and implacable hatred and anger kindled and a kingdome by this meanes changed into a Tyranny Hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of Princes seditiously conspire against them and the people having got such Captaines to make resistance joyne with them for the foresaid causes that the Princes may be repressed And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots and the beginning of an Aristocracy again laid the people refusing to set any more a King over them yet not daring to commit the Republike 〈◊〉 many fearing as yet the iujustice of Superiours and therefore most esteeme equality and liberty So that the Soveraigne power of setling of changing the Kingdome and forme of government resides principally in the people who as hee there largely proves by the Lacedemonian and Roman state ought to enjoy the Supreame authority and to be above their Kings as it seems the Aegyptians did who deposed and expelled Evergetes their King for his cruelty and after him their King Ptolomaeus Auletes setting up Cleopatra his eldest child in his Thrâ—ne and as the Romane Senate did who had power to dispose of the common Treasury and revenue one of the greatest points of Soveraignty to appoint Lieutenants and Governours of Provinces to grant Triumphes to dispose of Religion for which cause Tertullian saith that never any God was received in Rome without the decree of the Senate and to receive answer and dismisse the Ambassadours of Kings and Nations which none else did but the Senate whose Soveraigne power was such that Tiberius the Emperour in the beginning of his Reigne called the Senators assembled altogether in the Senate Indulgentissimos DOMINOS his most loving LORDS and moved the Senate to divide the Empire not to commit it all to one man as we read in Tacitus though they were his Subjects and inferiours when divided and severally considered And such Soveraigne power had the Panaetolium or generall assembly of Parliament among the Aetolians who received and answered all Embassadours determined all affaires of warre and peace it being provided by the Lawes of the Aetolians that nothing should be intreated of concerning peace or war but in their Panaetolium or Pelaicon Councell as Livy and Bodin record But to leave these ancient and come neerer our present neighbor Kings and Kingdomes of greatest eminencie and power which may paralell our owne The Kings of France to whom Cassanaeus in his Catalogus Gloriae mundi gives precedency before all others and to the Emperour himselfe whiles but elect before his Coronation have in ancient times been inferiour to their Kingdomes Parliaments and subiect to their censures even to deposition if not more though some cry them up for absoluts Monarchs and make them little better then Tyrants now Iohn Bodin a learned French Lawyer and Statesman writes That in ancient times the Kings of the Cities of the Gaules were subject to their States whom Caesar for this cause oftentimes calleth Reguli little Kings being themselves subjects and justifiable to the Nobility who had all the Soveraignty causing them even to be put to death if they had so deserved And that is it for which Amphiorix the Captaine Generall whom they called the King of the Lingeois said Our commands are such as that the people hath no lesse power over us then we over the people Wherein he shewed evidently that he was no soveraigne Prince howbeit that it was not possible for him to have equall power with the people as we have before shewed Wherefore these sort of Princes if they polluted with wickednesse and villany cannot be chastised by the Authority and severity of the Magistrate but shall abuse their wealth and power unto the hurt hurt and destruction of good men IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onely but even for the subjects themselvâ—s also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France weâ—e inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to or punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an
the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinently all such Officers as they before had named were cleanly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Prâ—â—sidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates shouldre-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begaâ— When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that puâ—pose being too small by much the Clergy and Lords thâ—n refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring no thing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subâ—ects and advising 〈◊〉 to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to mâ—ke sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicâ—gerent was by the advice of the major part of the Lords
grievously discontented removed divers from their offices and put many of the richest and head men of the citie to death upon surmised causes without proofs of justice For which causes and many other oppressions the Lords againe assembled their people intending to subdue the king and to set his brother in his place or to cause him otherwise to rule the Commonwealth To which end all the Lords met at a Towne called Stampes where they continued their Councell fifteene dayes and then marched to Paris sending four severall letters unto the citie one to the Bishops and spirituall men the second to the Consulls and headmen the third to the Vniversitie the fourth to the Commonnalty signifying That neither they nor any of their company were come thither as enemies to the Citie or to warre against it or the Commonwealth of the Land but for the increase and augmentation thereof to the uttermost of their powers VVhereupon these foure parties sent certaine Orators for them to the Lords who after long communication with them had returned to the citie with this report First the Lords would that the inhabitants of the City should consider the conditions of the King which yearly oppressed his Subjects with taxes and other grievous servages Secondly how he despised the noble bloud of his Realme and drew to him villaines and men of no reputation by whose counsell onely all the Common-weale of the Land was guided and ruled Thirdly how hee ruled his Subjects by force and will without administration of justice and himself in all Counsels and Parliaments is Iudge of all causes and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme Fourthly how he enhaunsed men of low birth to great honours and caused Noblemen to be obedient unto them intending to bring the said ignoble men to be equall with the Princes of the Land Fifthly how the Lawes be delayed and bolstered by such as stand in his favour wherethrough at this day Law is will and will is Law and no man almost in any surety of life or goods insomuch that daily many have been banished and put to death for unlawfull causes and also to any Noble-man at this day no power or roome of honour belongeth so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects Sixthly The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs and for the Commonweale of the Realme but are spent vainly and riotously and bribed out of the Kings Coffers for which enormities and misgovernance with many other the said Lords were come thither in defensible wayes for the safeguard of their owne persons as to the head and principall City of the Realme for to have aide and Counsell to reforme the foresaid evills not intending any harme to the Kings person or yet to remove him from his regality or Kingly Majestie but to induce and advertize him to that which should be for his honour and the weale of his Realme and to live in wealth and honour as his Noble Progenitors lived before him For which causes and considerations the said Lords as the Kings true Subjects and friends to the Commonwealth of the Land and of that City desired to enter there to refresh them and their people and to pay truly for all things they should take without doing harme or violence to any person All which requests and matters of the Lords shewed to the Inhabitants of the City by fauour of some friends they there had it was with the more partie well accepted and thought convenient they should be received into the Citie but by meanes of the Earle of Davoise it was respited till they had further knowledge of the Kings pleasure who comming out of Normandie into Paris after diuers Skirmishes the King and Lords fell to a Treaty of peace whereupon Commissioners on both sides assembled and communed together by sundry times two dayes In which season new strength of Souldiers came to the King out of Normandâ— The Treatie hanging long and a longer Truce being proclaimed the souldiers fell to robbing and other unlawfull acts and at last through obstinacy on both parties all offers were refused and the day of the Truces expiration approached without hope of accord whereupon provisions for warre were made on both sides Then begun gâ—udges and murmures betweene the kings souldiers and the citizens of Paris and shortly after newes came to the king that the Castle and Citie of Roan was yeelded up to the Duke of Burbon VVhereupon the King considering what great advantage the Lords had of him both by strength and favour of the Commons which daily drew unto them by sundry companies in avoiding of more danger concluded a peace which being proclaimed thorowout all France the King and Lords met to whom the King shewed great semblance of kindenesse specially to his brother Charles Duke of Normandy wherein appeared great dissimulation Lewes being of such conditions That what he might not overcome with strength he would win with dissimulation and treachery Not long after the King warred upon Charles his brother the Duke of Burgundy and Brittaine and a Treaty of peace being propounded betweene them Charles answered That if a perfect concord should be established between the King and him it should be authorized by the whole consent and counsell of the Barons of the Realme VVith which the King being content at Turon in the moneth of April aâ—d tenth yeare of his reigne assembled a counsell of his Lords spiâ—tuall and temporall in the which the demands of Charles and offers of the king were shewed And after the said Counceâ—l had at length reasoned the said demands and offers it was finally determined That the Dutchy of Normâ—ndy was so appropriated unto the King of France and to his heires that in â—o wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annâ—all rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was
dishonourable peace with the Moors to release the Tribute which they payed him formerly and after much mediaâ—â—on he concluded a Peace thorowout all the Realm with his discontented Subjects This Prince thinking to raign more securely had taken a course of extream severity shewing himself cruell and treacherous to his Nobility whereby he was feared but withall he lost the love and respect of his subjects so as he was no sooner freed from one danger but he fell into another worse then the first his Nobles holding this for a Maxime That a Tyrant being offended will at some time revenge himself and therefore they must not trust him upon any reconciliation who to pacifie the troubles which had grown by his own errour had made no difficulty to sacrifice upon the peoples spleen his own Mignions degrading and in the end murthering condemning them as Traitors after their death yea the Princes of his own blood taking their goods estates and depriving the lawfull Heirs seeking to reign over free men and generous Spirits as over beasts entreating them as base and effeminate slaves who might not speak their opinions freely in matters of State and Government of which they were held dead members and without feeling Whereupon D. Manuel and other Nobles as men endued with understanding reason and not forgetting the nature of Alphonso who was proud a contemner of all laws and treacherous they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act and entred into a league with the King of Portugall incensing him to take up Arms for their defence Where upon King Alphonso having some feeling that cruelty was too violent remedy for men that were Nobly borne he sought by all milde and courreous meanes to divide them and to draw some of them to his service which he effected and so more easily conquered and reduced their companions An. 1337. was founded the Town of Alegria of Dulanci in the Province of Alava and many Villages thereabout the which obtained from the King the priviledges and Lawes of the Realm whereby the inhabitants should govern themselves with libertie to chuse their own Iudges Don Pedro the first king of Castile surnamed the cruell most tyrannically murthering and poysoning divers of his Nobles and subjects without cause banishing others quitting Blanch his espoused wife within three dayes after his marriage to enjoy the unchaste love of Doxna Maria de Paedilla by whom hee was inchanted which much troubled the whole Court divorcing himselfe without colour by the advice onely of two Bishops without the Popes assent from Blanch and marrying Jane of Castro in her life time Hanging up divers Burgesses of Toledo causlesly for taking the Queens part too openly and among others a Goldsmiths sonne who offred to be hanged to save his fathers life causing his own brother Don Frederick and divers Nobles else to be suddenly slain Anno 1358. poysoning and murdering likewise divers Noble Ladies among others Don Leonora his own Aunt after which Anno 1360. he murthering two more of his own brethren executing divers Clergy men and Knights of Castile banishing the Archbishop of Toledo putting divers Jews as Samuel Levy his High Treasurer with his whole family to death to gain their Estates and causing his own Queen Blanch to be poysoned after she had long been kept prisoner by him Anno 136â— Hereupon his cruelties rapines and murders growing excessive and the Popes Legat denouncing him an utter Enemy to God and man Henry Earle of Transtamara his brother with other Fugitives getting ayde from the King of Navarre entred Castile with an Army where by the Nobles importunity he tooke upon him the title of King of Castile and Leon which done the whole Kingdom long oppressed with D. Pedro his Tyranny immediately revolted from him so that in few dayes Henry found himselfe King of a mighty great Kingdom almost without striking stroke the people striving who should first receive him such was their hatred to the Tyrant Pedro who being doubtfull what to doe fled with two and twenty Ships out of his Realme to Bayon craving ayde of the English to revest him in his Kingdom mean time king Henry assembling the Estates at Burgon they granted him the tenth penny of all the Merchandize they should â—ell in the Realm to maintaine the warres against Pedro who getting ayde from the English upon conditions accompanied with the valiant Black Prince of Wales entred with a great Army into Spain where the Prince writing to Henry voluntarily to resign the Crown to Pedro his Brother to avoyd the effusion of Christian blood he made answer That he could not hearken to any accord with him who had against the law of nature taken delight to murther so many of the blood Royall and other great personages of Castile who had not respect of the Lawes of the Countrey and much lesse of God falsifying his Oathes and promises having no other rule in his actions but his Tyrannous passions Whereupon battell being joyned Henry was conquered and Pedro restored But hee discontenting the English and others who had reseated him in his Kingdome by his insolency and Tyranny and the Biscaniers refusing to be under the command of strangers whom they would never consent to be put in possession of their Countrey and with all falling to his former cruelties and courses contrary to the advice of his friends and Astrologers he so estranged the hearts of all from him that the English returning and Henry receiving new forces from the French entred Castile suddenly and conquered the Tyrant who being betrayed into Kâ—ng Henry his hands as hee was taking his flight by night King Henry stabbed him with dagger in the face and at last getting him under him slew him with his dagger for his excesse and tyranny Anno 1368. and raigned quietly in his steed I might prosecute and draw down the Histories of all the Spanish Kings and Kingdomes from his dayes till this present which are full fraught with presidents of this nature â—o prove all the Kings of Spaine inferiour to their Kingdomes Assemblies of the Estates Lawes resistible deprivable for their Tyrannyes but because those who desire satisfaction in this kinde may read the Histories themselves more largely in the generall History of Spaine in Ioannis Pistorius his Hispanie Illustratae where all their chiefe Historians are collected into severall volumnes and in Meteranus and Grimstons Histories of the Netherlands I shall for brevity sake pretermit them altogether concluding with one or two briefe observations more touching the Gothish and Arragonian Kings in Spain which will give great light and confirmation to the premises First for the Antient Kings of the Gothes in Spain Aimoinius and Hugo Grotius out of him confesse that they received the Kingdom from the people revocable by them at any time and that the people might depose them as often as they displeased them and therefore their acts might be rescinded and nulled by the people who
clause of an Infidell King they refused to have bestowed on them because they judged it shamefull and dishonourable After which Iunicus taking an oath to observe the former Lawes was advanced to the Throne and made King of Aragon about the year 868. Moreover to establish all these Lawes and Constitutions our Ancestors themselves adjoyned the accession of a publike Vnion ordaining that it should be lawfull and just for them to meet all together ET REGI OBSISTERE ARMIS ET VI and to resist the King with armes and force as oft as there should be need to propulse any assault of him or his made against the Lawes which form of assembling together for the common cause of liberty they called a Vnion or Association Neither did they anciently lesse think all their Liberties to be preserved by this Vnion then humane bodies themselvs are by nervs and bones And although it were not prescribed in that Suprarbian Forum yet they thought it deduced from the very beginnings of things and deeply fixed and impressed in the sense of all men and to be established by our common Law as by another Law of Nature and that its force was enough and more then sufficiently known and discerned by use and reason For they said it would be but a thing of little profit for them to have good Lawes enacted and the very Iudiciary Presidentship of a middle Iudge if when there should be need AD EARVM DEFENSIONEM ARMA CAPERE NON LICERET cum jam tunc satis non esset pugnare consilliis it should not be lawfull for them to take up Armes in their defence when as then it would not be sufficient in such a case to fight with Counsells Neither verily did that seem altogether impertinent from the matter for if it should be so all things long ere this had been in the power of Kings themselves Whence our people reputed these two priviledges of the Union obtained from Alphonso the 3. to wit That it shal be lawfull for the Estates of the Realm iâ— the King shall violate the Lawes of the Countrey To create a new King in his place and without the crime of Treason to make confederacies among themselves and with Neighbour Princes To defend their Liberty which King Ferdinand upon the petition of the Castilians refused to revoke because he had taken a solemn Oath to observe them not as new favours or benefits but as things done out of Office c. Therefore in those ancient Rulers of which we treat the Liberty of our Country was hedged about by our Ancestors with three most strong fences namely with the Pretecture of this middle Iudge with the most ample power of the Rici-men or Palatines and with this most fierce force of the Vnion of which the first seemed to be Legal and civill the other domesticall and of greatest moment the last warlike and popular Neither ought it then to be inclosed with a lesser hedge that so we might rejoyce that it hath therby come safe sound to us now But of these garrisons or fences the ancient inventers of them and those who next succeeded them conferred more assistance and labour upon the two last namely the domestick and popular then on that Court presidentship For they would alwayes retain in themselves a power of moderating and governing the most loose reines of the Royall Dignity which they might restrain or enlarge as there was need Theâ—fore they assigned those 12 elders to him elected out of the greatest men by whose Counsels the Kings ought to be hedged in on every side the place of which Elders the Rici-men afterwards possessed who were the chiefe of our Nobles who in times past were second to the Kings in such sort that they might seem to be their Peers and Companions These called that publike union to the ayde of Liberty and out of them were chosen those who should alwayes be the prime and principall conservators of it for thus they called the presidents of the Vnion Finally they sustained on their necks all the Offices and burdens of peace and warre if not with the same power as the Kings yet I may truly say with very little lesse for the Rici-men as long as they flourished relying on the Forces of the Vnion did alwayes hover over the Royall Empire and by the intire power of their offices if the violence or assaults of Kings were unjust did from inordinate reduce them into order and as it were into a circle of Law and Iustice. In which thing verily their grave censorious and domesticall authority had sufficient right and moment with our ancient Kings who were well mannered but if peradventure they could not with their fitting counsels bridle the exulting royall Forces they did constantly repell them from their necks with the force of the raised Vnion Thus and much more this Spanish Author in whom you may read at large the Power and Authority of the Iustice of Arragon of the Generall Assembly of the Estates or Parliaments of that Kingdom of their Rici men Peeres Magistrates Councellors and in Ioannis de Laet. his Descripâ—io Hispaniae cap. 5. cite Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. Gen. hist. of Spain l. 17. p. 618. To which l shall onely adde this most notable custome and ceremony used at the Coronation of the Kings of Arragon recorded q by by Iunius Brutus r Franciscus Hotomanus and others The Arrogonians when as they create and crown their King in the Assembly of the Estates or Parliament of Arragon to put the King in mind that the Lawes the Iustice of Arragon and Assembly of Estates are above him act a kind of Play that he may remember it the better they bring in a man on whom they impose the name of the Iustice of Arragon whom by the common Decree of the people they enact to be greater and more powerfull then the King to whom sitting in an higher place they make the King doe homage and then having created the King upon certain Lawes and conditions they speake unto him in these words which shew the Excellent and singular fortitude of that Nation in bridling their Kings NOS QVI VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS VOS ELEGIMOS REY CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS that is We who are as great as you and are able to doe more then you have chosen you King upon these and these conditions Between you and us there is one greater in command then you to wit the Iustice of Arragon Which Ceremony lest the King should forget it is every three yeares repeated in the Generall Assembly of the States of Arragon which Assembly the King is bound by Law to assemble it being a part of the very Law of Nations which sacred Liberty of Parliaments and Assemblies if any Kings by evill arts restrain or suppresse as violaters of the Law of Nations
who was unanimously elected King and â—lew all this tyrants children After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian two brethren Ramach at last conquering his brother and chasing him into Ireland gained the Crown rather by force then love of the people which to preserve he shewed himselfe very cruell to the adverse party reduced capitall causes to his owne at bitrement and putting many to death strucke a generall feare in all good men Upon thiâ— he grew so generally odious to all estates that they conspired against and suppressed him before he could collect his Forces and cutting off his head carried it about on a Poll as a joyfull spectacle to the people Constantine the first of Scotland as soone as he obtained the Crowne loosed the reines to all Vices he was cruell and covetous towards his Nobles kept company with men of the basest Ranke gave himselfe onely to the rapes of maides matrons and immoderate feasts having fidlers Stage-players and ministers of all sorts of pleasures almost about him with which vices the Nobles of Scotland being offended admonished him of his duty But he proudly centemning them wished them to looke after other matters saying he had councell enough from others and that they should lay aside their false hope that they could reclaime the King by their Councell On the contrary he was of so poore a dejected Spirit towards his enemies that he not onely granted them peace but remitted them injuries and restored them Castles as soone as they demanded them Which caused the Picts and Scots to consult together to depose him by force of Armes from which Douglasse disswaded them for the present by reason of their forraigne wars with the Britans and Saxons In the end he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne King Goran was slaine by the people for favouring Towâ—er chiefe Inquisitor or judge of capitall causes who much oppressed the people his children being young Hugonius succeeded to the Crown and afterwards his brothers Congalus and Kumatel after whom Ardan the sonne of King Goran reigned Ferquhard the 52. King of Scots a craftie man desiring to turne the Kingdome into a tyrannie nourished great divisions among the Nobles but they discovering his malice privilyenter into an accord among themselves and calling a Parliament sommoned him thereunto who refusing to appeare keeping within his Castle they thereupon tooke it by force and brought him to judgement against his will where many and grievous crimes among others his cruelty and negligence in the affaires of the Common-wealth the Pelagian Heresie with contempt of Baptisme and the other Sacraments were objected against him of none whereof he being able sufficiently to purge himselfe was cast into prison where out of shame and sorrow he slew himselfe Ferquhard the second a man polluted with all kinde of wickednesse an unsatiable desirer of wine and money inhumanely cruell towards men and impious towards God when he had every where vexed others with cruelty and rapines at last turned his fury against his owne slaying his owne wife and ravishing his owne daughters for which wickednesses he was excommunicated but the Nobles willing to assemble together to punish him were diswaded by holy Bishop Colman who told the King openly that some Devine judgement would shortly seize upon him which â—ell out accordingly for falling into a Feaver and not abstaining from his intemperance he was eaten up of lice Maldwin 55. King of Scotland was strangled by his Queen for suspition of Adultery with an Harlot for which fact she her selfe was burned 4 dayes after Amberkelethus a vicious wicked king was slain by one of his own men with an arrow in the night when he was marching against the Picts whereupon lest the Army should be dissolved or left without a Generall Eugenius the 7 th was presently chosen King in the Tents who making peace with the Picts his wife being slaine in his bed by two conspirators who sought his life the king being suspected of this murther was thereupon imprisoned but before his triall set at liberty by the apprehension of the Murtherers King Eugâ—nius the 8 th rushing into all Vices and neither regarding the admonitions of his Nobles or Clergie was for his filthy lusts covetousnesse and cruelty slaine in the assembly of his Lords by their generall consent and his companions in wickednesse and villany hanged which was a gratefull spectacle to the people Fergusius the third succeeded him both in his Crowne and Vices he was a foule drunken glutton and so outragiously given to Harlots that he neglected his owne wife and brought her to such poverty that she was forced to serve other Noble women for her living wherefore to expiate this disgrace she murthered him in his bed and afterwards slew her selfe also Donald the 70 King of Scotland gave himselfe wholy to his pleasures keeping none but Hunters Hawkers and inventors of new lusts about him on whom he spent the revenues of the Realme by which he corrupted the youth of the kingdome which the ancients of the Realme discerning assembled and went to the King admonishing him of his duty which he notwithstanding neglected till the wars roused him up Which being ended he returned to his pristine courses Whereupon the Nobles fearing lest this filthy and sloathfull man who would neither be amended by the councels of his friends nor calamities of his people should lose the remainder of the Kingdome which was left cast him into prison where for griefe of his inhibited pleasures or feare of publike shame he layd violent hands upon himselfe Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes after which he was slaine in battle by the Danes King Ethus his brother and successor polluting himselfe with all vices and drawing all the youth of the Country prone to wickednesse with him he was thereupon seised on by the Nobles who making a long Oration to the people wherein they related the wickednesses of his whole life he was forced to renounce his right in the kingdome and dyed in prison of griefe within three days after Gregory being made King in his stead Constantinâ— the third turning Monke Malchombe was elected king who was slaine by the conspiracie of theeves whose sonne Duffus being an infant Indulfus enjoyed the Crowne to whom Duffus succeeding was murthered by Donald whereupon a Parliament was assembled to chuse a new King which elected Culenus who at last degenerating into all licentiousnesse ravished Virgins Nunnes yea his owne sisters and daughters and set up a kinde of publicke stewes For which being reprehended by the Nobles he excused part by reason of his youth part by reason of â—eare and acknowledgeing his sorrow for the residue promised amendment But he not reforming upon their admâ—nitions they departed from Court that they might neither be witnesses noâ— partakers of
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
wife of thy bosom or thy friend which is as thine own soul should secretly intice them to commit idolatry or serve other gods they should neither consent nor hearken to nor pitty nor spare nor conceal him but shalt surely kill him thy hand shall be first upon him to put him to death and after the hand of all the people and thou shalt stone him with stones that he die onely for this secret inticement to idolatry And all Israel shall hear and fear and do no more such wickednesse as this is And if they should hear that the inhabitants of any City were seduced to serve other gods tben they must diligently search and inquire after it and if it be truth and the thing certain that such abomination was wrought among them then they shall surely smite the inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the cattell thereof with the edge of the sword and gather all the spoil of it into the midst of the street thereof and burn the City with all the spoile thereof every whit for the Lord their God and it shall be an heap for ever and shall not be built again In pursuance whereof the ten tribes and a half assembled to warre against the Reubenites Gadites and half Tribe of Manasseh for their supposed idolatrous Alter and all the children of Israel assembled together as one man and made warre against the men of Gibeah and the Benjamites for not punishing the grosse Rape of the Levites Concubine destroying the City utterly and the Tribe of Benjamin too welnigh And upon this ground the City of Libnah revolted from under the hand of Iehoram the idolatrous King of Iudah Because he had forsaken the Lord God of his Fathers And as some learned men conceive the people made a Conspiracie against King Amaziah in Ierusalem and he fled to Lachish but they sent after him to Lachish and â—lew him there not privately but openly as acted by publike authoritie consent and meditated deliberation not out of any private hatred but for his impietie whereby he violated the chiefest part of his Oath and Covenant whereupon we read not of any complaint or inquisition or proceedings or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those who slew King Ammon but being slain they brought him back on horses and he was buried at Ierusalem with his Fathers in the Citie of David out of reverence to his royall dignity and family And All the People of Iudah took Azariah and made him King in stead of his father Amaziah which plainly shewes that what was formerly done by the greater part of the States at Ierusalem was afterwards confirmed by common consent as done upon a just cause and executed by command of those who might lawfully doe it Whence they conclude That the Orders or States of the People of Israel had right to chuse what King they would themselves out of the family of David and being elected afterward to correct and punish him as there was cause that they were obliged by this Covenant made to God both to reprehend resist oppose yea depose if not put to death their King for his open incorrigible idolatries and sins by common consent as their king was obliged to punish and put them to death for their idolatries and crimes their kings being included within their Covenants and Gods inhibition of Idolatry under pain of capitall punishments extending to Kings as well as others if not more then to any because their examples were most pernicious and they were as far forth bound by their joynt Covenants made to God with their Kings to hinder their Kings from and to proceed against them for their idolatries as their kings were to impedite and punish them for their breach of Covenant and because God himself did punish them for their Kings idolatries as is evedent by Ier. 15. 1 to 6. and the History of the Kings and Chronicles every where which God would not in justice have done had not the people both just right and power to resist hinder censure punish depose their Kings by publike consent of the State and people for their idolatries and breach of Covenant as Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Coâ—gregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh. 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfâ— the Tribe of Manasseh concerning their Altar and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan out of the hands and power of King Saul his father that he died not though Saul had twice vowed that he should be put to death 1 Sam. 14. 38. to 36. And the people said unto Saul Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrought with God this day So the people rescued Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Caâ—tains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme good unto you and that it be of the Lord our God let us send abroad unto our brethren every where that are left in all the land of Israel and with them also to the Priests and Levites which are in their Cities and Suburbs that they may gather themselves unto us and let us bring again the Ark of our God to us for we enquired not at it in the dayes of Saul And all the Congregation said that they would do so For the thing was right in the eyes of all the people And David went up and all Israel to Baalah to bring up thence the Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe
forth with you my selfe also But the people answered Thou shalt not go forth for if we flee away they will not care for us neither if halfe of us die will they care for us but now thou art worth ten thousand of us therefore now is better that thou succour us out of the Citie And the king said unto them Whatsoever seemeth you good that I will doe and thereupon stayed behinde in the City as they advised him So he likewise followed Ioabs advice to go forth and sit in the gate and speak comfortably to the People after his mourning for Absalons death else not one of the People would have tarried with him that night 2 Samuel 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent and he so engaged them to him That all the people were at strife thorowout all the Tribes of Israel to bring the King back again to Gilgal whence Absalon had chased him Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde that after Solomons death All Israel came to Sechem to make Rehoboam King and all the Congregation of Israel spake unto Rehoboam saying Thy father made our yoak grievous now therefore make thou the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee And he said unto them Depart ye for three dayes and then come again and the people departed In the mean time he consulted first with the old men after that with the young men about him what answer he should return who giving contrary advice Ieroboam and all the people coming to him again the third day the King answered the people roughly after the counsell of the young men saying My Father made your yoke heavy and I will adde to your yoke My Father chastised you with whips but I will chastise you with scorpions So when all the people saw that the King hearkned not to them the people answered the King saying What portion have we in David neither have we inheritance in the son of Iesse to your tents ô Israel now see to thine own house David So Israel departed to their Tents and fell away from the house of David unto this day And all Israel called Ieroboam unto the Congregation and made him King over all 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
either ground or presidents to warrant what they affirm touching the absolute Soveraignty Monarchy irresistibilitie incorrigibility of the Kings of Iudah and Israel by their whole States Congregations Kingdoms generall assents and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments Kingdoms and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes bent to subvert Religion Laws Liberties the Republike are founded which must now needs vanish into nothing before this Catholike irrefragable clear-shining verity abundantly ratifyed by innumerable presidents in all eminent Kingdoms States Nations that either have been in any former ages or are yet extant in the world which must and will infinitely over-sway swallow up the inconsiderable contrary opinions of some few privadoes who either out of flattery hopes of getting or keeping undemerited preferments fear of displeasing greatnesse or inconsiderate following of other reputed learned mens mistakes without due examination of their erronious Tenents have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities whose defence I have here made good against all their misprisions and bootlesse assaults Having now Historically ran over the most eminent Empires Kingdoms of ancient and present times in a kinde of confused method their copious vastnesse and varietie being so boundlesse and my time to collect them so small that I could hardly marshall them into any comely dâ—stinct Regiments or reduce them to the particular Heads debated in the premises I shall therefore for a conclusion deduce these distinct Conclusions from them to which the substance of all the recited Histories may be aptly reduced and are in truth abundantly confirmed by them beyond all contradiction annexing some new punctuall Authorities of note to ratifie and confirme them First it is undeniably evident from all the premises That all Monarchies Empires Kingdoms Emperours Kings Princes in the world were originally created instituted ordained continued limited and received all their jurisdiction power Authoritie both from by and for the people whose Creatures Ministers Servants they are and ought to be If we survey all the severall Lawfull Monarchies Empires Principalities Emperours and Kings that either have been or yet are extant in the world we finde all sacred and prophane Histories concurre in this that they had their originall erections creations from by and for the People Yea we read the very times when the most Monarchies of note were instituted the Names of those on whom the first Monarchies were conferred by the peoples free election onely yet extant on record in most Histories and withall expresse relations of many different kinds of Kingdoms Kings in respect of succession continuance Power jurisdiction scarce any two kingdoms or their Kings being alike in all things in regard of Prerogatives jurisdictions all Histories Polititians concurring resolving with Peter that Kings are humane Creatures or Ordinances instituted diversified thus by men and the people alone out of Gods generall or speciall providence not one of them all being immediately or directly ordained by God as the onely efficient cause without the free concurrence consent and institution of the people This truth is not onely ratified by Lex Regia whereby the Roman Emperours were created yea invested with all their power registred by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu l. 6. formerly transcribed by Plato Aristotle Xenophon Berosus Polybius Cicero Livy Iustin Plinie Strabo Plutarch Dionysius Hallicarnassaeus Diodorus Siculus Pausanias Solinus Alexander ab Alexandro Hermannus Schedell Herodotus Boëmus Pomponius Mela forecited and generally by all Historians Chronologers Antiquaries Lawyers Politians whatsoever but directly averred and proved by Franciscus Hotomanus a famous Lawyer in his Franco-Gallia c. 1. 6. 10 13. the Author of De Iure Magistratus in subditos Quaest. 5. p. 239. 240 c. Thomas Garzonius Emporij Emporiorum Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers Illustrium 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli l. 1. c. 4. sect 7. l. 3. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 2. c. 10. 15. Ioannes Marianade Rege Regum Instit. l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest. 3. p. 83. to 94. with whose words I shall close up this observation having elsewhere particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the people profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by cammon consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor
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
tenour whereof followeth The Generall Estates of the united Provinces of the Netherlands to all those that these presents shall see reade or heare greeting As it is well known unto all men that a Pâ—ince and Lord of a Countrey is ordained by God to be Soveraign and head over his subjects and to preseveve and defend them from all injuries force and violence even as a shepheard for the defence of his sheep and that the subjects are not created by God for the Prince to obey him in all he shall command bee it with God or against him reasonable or unreasonable nor to serve him as slaves and bondmen but rather the Prince is ordained for his subjects without the which he cannot be a Prince to governe them according unto equity and reason to take care for them and to love them even as a father doth his children or a shepheard his sheep who putteth both his body and life in danger to defend and preserve them If the Prince therefore faileth herein and in stead of preserving his subjects doth outrage and oppresse them depriveth them of their priviledges and ancient customes commandeth them and will be served of them as of slaves they are no longer bound to respect him as their Soveragn Prince and Lord but to esteem of him as a Tyrant neither are the subjects according unto Law and Reason bound to acknowledge him for their Prince so as without any offence being done with deliberation and the authority of the Estates of the Countrey they may freely abandon him and in his place chuse another for their Prince and Lord to defend them especially when as the subjects by humble suit intreatie and admonitions could never mollifie their Princes heart nor divert him from his enterprises an tyrannous designes so as they have no other meanes left them to preserve their antient libertie their wives children and posterity for the which according to the lawes of nature they are bound to expose both life and goods as for the like occasions we have seene it to fall out often in divers Countries whereof the examples are yet fresh in memory The which ought especially to bee of force in these Countries the which have alwayes been and ought to be governed according unto the oath taken by their Princes when they receive them conformable to their priviledges and antient customes having no power to infringe them besides that most part of the said Provinces have alwayes received and admitted their Princes and Lords upon certaine conditions and by sworn contracts the which if the Prince shall violate hee is by right fallen from the rule and superiority of the Countrey So it is that the King of Spaine after the decease of the Emperour Charles the fifth his father of famous memory from whom all these Countries were transported unto him forgetting the services which as well his father as himselfe had received of these Countries and the inhabitants thereof by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies as his name and power was renowned and feared throughout all the world forgetting also the admonitions which his said Imperiall Majesty had heretofore given him and contrariwise hath given eare beliefe and credit unto them of the Councell of Spain which were about him the said Councell having conceived a secret hatrrd against these Countries and their Liberties for that it was not lawfull for them to command there and to govern them or to merit among them the chiefe places and offices as they doe in the Realm of Naples Sicilie Millaine at the Indies and in other Countries which are subject to the Kings command being also moved thereunto by the riches of the said Countries well knowne to the most of them the said councell or some of the chiefe of them have oftentimes given the King to understand That for his Maiesties reputation and greater authority it were better to conquer the Netherlands anew and then to command absolutely at his pleasure than to govern them under such conditions which he at his reception to the Seigniâ—ry of the said Countries had sworn to observe The King of Spain following this counsell hath sought all meanes to reduce these countries spoiling them of their ancient Liberties into servitude under the government of Spaniards having under pretext of Religion sought first to thrust in new Bishops into the chiefe and greatest Townes indowing them with the richest Abbeyes adding to every Bishop nine Chanons to serve him as Councellors wherof three should have a special charge of the Inquisition By which incorporation of the said Bishops being his creatures and at his devotion the which should happily have been chosen as well of strangers as of them which were born in the Country they should have the first place and the first voyce in the assemblies of the Estates of the Country And by the adiunction of the said Chanons had brought in the Inquisition of Spain the which had also bin so abhorred and so odious in these Countries even as slavery it selfe as all the world doth well know So as his Imperiall Maiesty having once propounded it unto these Countries upon due information given unto His Maiesty ceased from any more speech thereof shewing therein the great affection which he bare unto His Subiects Yet notwithstanding divers Declarations which were made unto the King of Spain as well by the Provinces and Townes in particular as by some other of the chiefe Noblemen of the Country namely by the Baron of Montigny and afterwards by the Earle of Egmont who by the consent of the Dutchesse of Parma then Regent of the said Countries by the advice of the Councell of Estate and of the Generalty had to that end been successively sent into Spain And notwithstanding that the king had by his own mouth given them hope that according to their petitions hee would provide for the contentment of the Country yet that he had since by his letters done the contrary commanding expresly and upon pain of his indignation to receive the new Bishops presently and to put them in possession of their new Bishopricks and incorporated Abbeyes to effect the Inquisition where they had begun to practise it and to observe the Decrees and Canons of the Councell of Trent the which in divers points doe contradict the priviledges of the Countrey The which being come to the knowledge of the Commons hath given just occasion of so great an alteration among them and greatly diminished the love and affection the which as good subjects they had alwayes borne unto the King and to his predecessours For they called chiefly into consideration that the King not onely pretended to tyrannize over their persons and goods but also upon their consciences whereon they held themselves not to be answerable not bound to give account to any one but to God only For this cause and for the pitty they had of the poor people the chiefe of the Nobility did in
the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarcâ—y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governmeâ—t and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up Armes against them to deprive them of their Kingdomes Thirdly That such hereticall tyrannicall oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous principles and branded with so many ancient moderne nay present Treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it hath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the Great his time but the Pope and his ministers have had a hand in it All these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in
assembled all together as well Nobles as ignoble and Offa most valiant young man being their Captaine they expelled him from the kingdome which done unanimi omnium consensu by the unanimous consent of all as well Clergy as People they Crowned Offa a King Ceolwulfe King of Mercia An. 820. after one yeares Reigne was for his misâ—â—vernment expulsed by his people abandoning his Crowne and Country for the â—afety of his life Edâ—â—yn King of Mercia and Northumberland for his Misgovernment Tyranny oppression following vaine base wicked Counsellors rejecting the advise of the Wisest and noblest person was by the unanimous consent of all his Subjects removed from all Kingly dignity and deposed in whose place Edgar was elected King An. 957. DEO DICTANTE annuente populo Not to mâ—ntion the story of Archigallo one of our ancient British Kings in times of Paganisme Who giving himselfe to all dissention and strise imagining causes against his Nobles to put them from their goods and dignities setting up ignoble persons in their places and plucking away by sinister wrongfull meanes from the rich their wealth and goods by which he enriched himselfe and impoverished his Subjects was for these his conditions murmured against by his Subjects who of one assent lastly tooke and deprived him of all Kingly honour and dignity when he had Reigned almost five yeares making his Brother Elidurus King of Britaine by one assent in the yeare of the world 4915. Who after five yeares good Reigne feigning himselfe sicke assembled the Barons of the Land and by his discreet words and bearing loving carriage Perswaded them to restore Archigallo to his former honour and regalty and thereupon assembling a Councell of his Britaines at Yorke caused such meanes to be made to the Commons that in conclusion he resigned his Crowne to Archigallo Who being thus restored to his Crowne by joynt consent of the people remembred well the evill life that before time he had led and the punishment hee had suffered for the same Wherefore for eschewing the like danger he changed all his old conditions and became a good and righteous man ministring to the people equity and justice and bare himselfe so nobly towards his Lords and Rulers that he was beloved and dread of all his Subjects and so continued during the terme of his naturall life Nor yet to remember Emerian another old British King who for misordering of his people was deposed by them in the sixth yeare of his reigne and Ydwallo promoted to the Kingdome who taught by Emerian his punishment behaved himselfe justly all the time of his reigne or any more such precedents before the Conquest We finde the Popish Barons Prelates and Commons disavowing King Iohn whom they had formerly elected King for making warre upon them and wasting burning and spoyling the Kingdome like an Enemy and electing Lewis of France for their King to whom they did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament Anno 1327. deposed King Edward the second their naturall King for his misgovernment and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclaiming all homage and fealty would elect some other for King not of his bloud whom themselves should think most fit and able to defend the kingdome After which they elected and crowned his son Edward the third for their King That Anno 1399. King Richard the second for sundry misdemeanours objected against him in 32. Articles in Parliament and breach of his Coronation Oath was judicially deposed by a Popish Parliament by a definitive sentence of deposition given against him which you may read at large in our Historians and Henry the fourth elected and created King in his stead In both which depositions the Popish Prelates were chiefe actors Anno 1462. King Henry the sixth Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and re-established in his kingdome and Edward the fourth declared a Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and re-established King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament Secondly our Popish Parliaments Peeres and Prelates have oft translated the Crown from the right heires setled it on others who had no lawful right or title to it electing and acknowledging them for their onely Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after Edgars decease An. 975. Their electing and Crowning Canutus King a meere forrainer in opposition to Edmund the right heire to King Ethelred Anno 1016. Of Harold and Hardiknute both elected and crowned Kings successively without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned aâ—d tortured to death Anno 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilities upon the death of King Harold enacted That none of the Danish bloud should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert the elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King by the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their owne liking upon faire promises for reforming bad and rigorous Lawes remission of Taxes exacted on the Subjects and punishment of the chiefe causers of them and a solemne Oath to frame good Lawes and ratifie Saint Edwards Lawes all which he really performed So after the death of Richard the first Iohn Earle of Morton was established and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was elected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third made Kings by Acts of Parliament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles by way of usurpation and the right
upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
their Buls to dissolve them to keepe themselves in their chaires This is apparent first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Towne where the Parliament is kept That all those who would deliver Petitions or Bils to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majesty being desirous of his grace and favour to give the Subject redresse of any injury not to suffer his people to goe unsatisfied Hence departing of the Parliament OUGHT TO BE in such manner First IT OUGHT TO BE demanded yea and publickely proclaimed in the Parliament and within the Pallace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received answer thereto If there be none such it is supposed that every one is satisfyed or else answered unto at the least So far forth as by Law it may be And then all may depart Hence it was that in 21 R. 2. c. 16 17 18 19. Divers Petitions not read nor answered in Parliament by reason of shortnesse of time and not determined sitting the Parliament were by special Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the Statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts and Judgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we find they did not and none ever yet held they did King Richard the 2. fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his Reigne proposed this question among others to his Judges at Nottingham Castle which for ought I finde was never doubted before Whether the King whensoever pleaseth him might dissolve the Parliament and command his Lords and Commons to depart from thence or not Whereunto it was of one minde answered That he may And if any would proceed in the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Judges and Lawyers as Tresilian and Blake were condemned of high Treason the next Parliament 11 R. 2. drawn upon a Hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures than malice were yet condemned as Traytors and banished the kingdome onely their lives were spared True it is that the packed and over-awed Parliament of 21 R. 2. terrifyed by the Kings unruly great Guard of Cheshire Archers forementioned 21 R. 2. c. 12. being specially interrogated by the King how they thought of these answers of the Judges said That they thought they gave their answers duely and faithfully as good and lawfull liege people of the King ought to doe But yet the Parliament of 1 H. 4. â— 3 4. repealed this Parliament of 21 R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these trecherous temporising Judges as a thing made for the great honour and common profit of the Realme Besides the Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if need be for redresse of mischiefes and grievances which daily happen strongly intimate that if a Parliament ought in Law to be called as often as neede is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these grievances and mischiefes be redressed else the summoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of Justice In Magna Charta c. 29. he makes this Protestation We shall deny nor deferre to no man either Iustice or Right and by sundry other Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his Subjectes rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding as if no such Letters Writs or Commandements were come unto them The makers therefore of these Oathes and Lawes in dayes of Popery and the Parliaments of 2 E. 3. c. 8. 14 E. 3. c. 14. 1 R. 2. c. 2. 11 R. 2. c. 9. which enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privy seale nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Terme or sitting of any Courts of Justice much lesse prorogue or dissolve his highest Court and grand Councell of the Realme the Parliament or disable them to fit to redresse the kingdomes and Subjects severall grievances or secure the Realm from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Justice in the highest Court of Justice which these Acts disable the King who is so farre inferior to the Law that he cannot so much as delay the smallest proceedings of it in any Court or Session by his supreame power by any meanes whatsoever to effect in his meanest Courts much lesse then in the greatest from whence the subversion of Lawes
cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE Therefore doubtlesse he deemed the Senate the chiefe Legislators as knowing better than himselfe what conduced to the beatitude of the Empire and to his owne Imperiall honour and never dreamed of any negative voyce annexed to his Imperiality to deny such Acts as they once Voted for usefull publicke Lawes Fifthly It is cleare that all Acts which give any Subsidie Taxes Penalties or forfaitures to the King are made onely by the People in Parliament and not principally by the King since the King cannot be said in any propriety to give any thing to himselfe This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy Your Commons assembled in your High Court of Parliament c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies which we humbly beseech your Majesty graciously to accept c. Your Majesties faithfull Subjects the Prelates and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the Kings assent to these Bills Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE c. the Commons having the sole power to grant or deny Subsidies and Taxes when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed as all Acts of this nature manifest If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods or restraint on his person then by like reason in all other penall publicke Lawes This is infallibly cleare by the Kings Coronation Oath who sweares That he will grant fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE and shall strengthen and maintaine them after his power If the Commons then are to chuse Lawes and the King by his Oath bound to grant strengthen maintaine and defend them when chosen by them then doubtlesse they are the chiefe Legislators not the King whence Fortescue c. 9. resolves That the People of England are ruled by such Lawes as themselves chuse or desire And that their Lawes are their owne not the Kings Seventhly all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne nor right to assent to Lawes are firme and good in Law and shall binde the right heires to the Crowne as is evident by the Lawes made by King Iohn Henry the 4 5 6. reputed usurpers by Edward the 4. and Richard the 3. acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1 E. 4. c. 6. because these Lawes and all other Judiciall Acts in Courts of Justice are the Acts of the Parliament and Courts themselves which are lawfull not of the usurping King who is unlawfull Therefore certainely the Legislative power is more in the Parliament thaâ—â— in the King if not wholly in it there being Lawes and kingdomes before Kings were Eightly There are good and binding Lawes in many Aristocraticall and Democraticall States as in Venice the Netherlands Geneva Florence Switzerland and other Republickes where there are no Kings at all Yea there were such obligatory Lawes in Bohemia Poland Sweden Spaine Hungary and other Realmes before they were erected into kingdomes which remained in full force and efficacy and still bound both King and People after they became kingdomes And the Romans Athenians Lacedemonians Lawes of old made under their Kings survived and continued in their vigour after their Kings were abandoned and the very forme of their states quite altered into an Aristocracy yea the Lawes made by the Roman Senate and People continued in force after their Emperours were erected and the very Lex Regia recorded by Salamonius which created limited and defined the very Prerogative Power and Authority of the Roman Emperours was made onely by the Senate and People who by that Law gave sometimes more Authority to one Emperour than to another and restrained the power of some Emperours more than others and subjecting them to some Lawes from which they exempted others and therefore doubtlesse were the supreamest Law-givers and the Soveraigne power above the Emperour as Marius Salamonius and Bodin prove at large And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus in these termes Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS revera majus Imperio est summittere Legibus Pincipatum Etoraculo praesentis Edicti Quod NOBIS LICERE NON PATIMVR aliis indicamus If then Lawes may thus be made where there are no Kings by the peoples joynt consents alone If Lawes enacted in a State before by consent it be made a Kingdome remaine in force after it is erected into a kingdome and continue after it ceaseth to be a kingdom only by and for the people consenting to them as is evident by infinite examples and the people Parliament Senate have anciently made and may make Lawes even to binde their Kings and Soveraignes themselves in points of their Prerogative and power then doubtlesse they and not Kings are the chiefe Soveraigne Legislators and their Royall assents to Lawes are no wayes essentiall to the very being of Lawes but rather a complementall Ceremony Ninthly admit the King should dye without Heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crown to what family they please as the constant practise of all kingdomes in such cases manifests and Bishop Bilson himselfe assureth us That all Nations once members of the Roman Empire when the right Heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they may make binding publike Lawes during the Inter-regnum as the kingdome and Estates of Aragon did during their Inter-regnums Yea if the King be an infant as Henry the 3 Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were when the Crowne descended to them or non Compos Mentis or taken with a dead Palsie or Apoplexie or an Ideot by birth or Age or a Monke professed as some Kings have beene or absent in a Pilgrimage to Rome or a voyage to the Holy Land As the Lords and State Assembled at the New Temple after the death of King Henry the third during his Sonne King Edward the 1. his absence in the Holy Land Proclaimed him King swore fealty to him CAUSED A NEW SEALE TO BE MADE appointed â—it Officers
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
the King in Parliament promiseth to abate his houshold and hereafter to live upon his owne so setling a new forme of his Court which is extant in many hands and intituled Ordinations for the Kings house Anno 3 E. 2. an Ordinance was made for the Kings houshold in ease of the Kings people oppressed with purveyance by reason of the greatnesse thereof and the motive of that Ordinance was to the honour of God and profit of holy Church and to the honour and profit of the King and the benefit of his people according TO RIGHT AND REASON AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Raigne Thus R. 2. did discard the Bohemians Anno 10. by an act of Parliament at the peoples petition surcharged by them Thus H. 4. did with the Gascoignes and Welsh in like sort overburdening and impoverishing the King and Realme with perpetuall suits so that in Court as the Record saith there were no men almost of substance or valiant persons as there ought to be but rascals for the greater part Hence was it that the wisedome of former times foreseeing the mischiefe the open hand of the Soveraigne might bring the state into made a Law 11 R 2. that whatsoever commeth to the King by judgement escheat forfeiture wardship or in any other waies shall not be given away and that the procurer of any such guift shall be punished This Law the Parliament continued 7 H. 4. untill the King was out of debt making frustrate the grants of these and ordaining a penalty of double value to every mover or procurer of such grants The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Councell who might examine it lest that the Kings wants should light upon the Commons And to keep the hand of H. 6. from wastfull giving the Councell enduced him to convey to the Archbishop of Canterbury and others all profits of wards marriages reliefes escheats and forfeitures to defray the charge of his house It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoile for so are the words of the Record And it was the first and chiefest Article to depose R. 2. for wasting and bestowing the Lands and the revenue of the Crowne upon unworthy persons and thereby overcharging the Commons with exactions Nor yet to mention the Parliaments Soveraigne Power and Jurisdiction in making or proclaiming Warre or Peace in which they have oft times not onely advised but overswayed the King in creating the highest Officers in ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more anon or in ordering the Coyne and Money of the Land together with the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry presidents All which together with the Acts concerning his Purveyance Pardons Charters Grants and all Revenues Royall are strong u evidences of its Soveraigne Authority Nor yet to remember that inâ—allible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique servants to their Realmes ought to hazzard their lives for their Kingdomes safety and preservation as many have done in warres against enemies but never ought the whole Kingdome to be lost or hazzarded to preserve the Kings Prerogatives that of Iohn 11. 48 49 50. and chap. 1814. being an undoubtted rule in Divinity and Policy That it is expedient that any one man though a King yea Christ the King of Kings should die for the people that the whole Nation perish noâ— rather then the whole Nation die for him Priorque mihi potior ejus officii ratio esâ— quod humano generi quam quod uni hominum debeâ— as Seneca de Benefic l. 7. Gentilis de Iure Belli l. 1. c. 16. resolve from the light of nature and common reason I shall onely adde this important consideration to illustrate this obscured truth It can hardly seeme probable much lesse credible that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdome and set up an elective or hereditary King over them would so absolutely resigne up their Soveraigne popular â—riginall authority power and liberty to their Kings their heires and successors for ever as to give them an absolute irrevocable uncontroulable Supremacy over them superiour to irrestrainable irresistable or unalterable by their owne primitive inherent Nationall Soveraignety out of which their regall power was derived For this had been to make the Creator inferiour to the Creature the Parent subordinate to the Child the Derivative greater then the Primitive the Servant for Princes are but their Kingdomes publique Ministers more potent then the Master of Freemen to have made themselves and their Posterity absolute slaves and vassals for ever and in stead of a Principality intended only for their greater safety and immunity to have erected a Tyranny to their perpetuall irremediable Oppression and slavery A most brutish sottish inconsiderate rash action not once to be imagined of any people quite contrary to the practice of the Lacedemonians Romans Germans Aragonians and most other Nations who still reserved the Soveraigne power to themselves and never transferred it to their kings or Emperours who were ever subject to their jurisdictions and censures too as I shall manifest at large in the Appendix no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large not by the peoples free election and consents And had our Ancestors or any other Nations when they first erected Kings and instituted Kingly government been demanded these few questions Whether they meant thereby to transferre all their Nationall authority power and priviledges so farre over unto their Kings their heires and successors for ever as not still to reserve the supremest power and jurisdiction to themselves to direct limit restrain their Princes supremacy the exorbitant abuses of it when they should see just cause or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever Or if their King should turne professed tyrants endeavouring to deprive them against all right and justice of their Lives Goods Liberties Religion Lawes or make open warres upon them to destroy them or bring in forraigne enemies upon them to conquer or subject them to a forraigne power without their free consents that yet they should patiently submit themselves to these their unnaturall tyrannicall destructive proceedings without any the least resistance of them by necessary defensive Armes or calling theÌ„ to account for these grosse
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have
great trust and confidence his loving Subjects had in him in putting in his hands wholly the Order and Declaration of the Succession of this Realme by his Letters Patents under his Seale or his last will in writing signed with his hand for lacke of issue lawfully begotten of his body to give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons and for such estate in the same and under such conditions as it should please his Majesty The Parliament therein promising by one common assent to accept take love dread and obey as their Legall Governours and Supreame heads such person or persons onely as the King by authority of those Acts should give the Crowne unto and wholly to sticke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward did usurpe one upon the other in the Crowne of this Realme or claime or challenge the said imperiall Crowne otherwise or in any other course forme degree or condition then the same should be given disposed or limited unto them by the King by vertue of those Acts. Or if any person or persons to whom it should please the King by authority of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any of them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in any other course forme degree or condition then the same should be given disposed and limited unto them by the King by vertue and authority of these Acts That then all and singular offenders in any of the premises contrary to these Acts and all their Abettors Maintainers Factours Counsellours and Aiders therein shall bee deemed and adjudged HIGH TRAYTORS TO THE REALME and that every such offence shall be accepted reputed and taken TO BE HIGH TREASON and the offenders therein their ayders c. for every such offence shall suffer such judgement paines of death losses and forfeitures of Lands Goods and Priviledges of sanctuary as in any â—ases of high Treason And over that as well THE KINGS SAID HEIRES AND CHILDREN as EVERY SUCH PERSON PERSONS TO WHOM THE CROWNE SHOULD BE LIMITED AS AFORESAID and every of their Heires for every such offence above specified by them to be committed SHALL LOSE AND FORFEITE AS WELL ALL SUCH RIGHT TITLE AND INTEREST THAT THEY MAY CLAIME OR CHALLENGE IN OR TO THE CROWNE OF THIS REALME AS HEIRES BY DESCENT OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING for his or their advancement by authority of those Acts or by any manner of meanes or pretence whatsoever And the Statute of 35 H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the sixt his decease without issue 〈◊〉 this proviso That if thâ— said Lady Mary doe not keepe and performe such conditions as King Henry by 〈◊〉 Patents or last Will in writing 〈…〉 estate in the Imperiall Crowne 〈…〉 Imperiall Crowne shall be and come to the 〈…〉 lawfully begotten in such like manner and forme as 〈…〉 Mary were then dead without any Heires of her body begotten any thing in this Act contained to the contrary notwithstanding And the like provis there is for Queene Elizabeth That if she performe not the like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall be and come to such person or persons as the King by his Letters patents or last Will shall appoint By all which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to dispose of it upon condition on paine of forfeiture as aforesaid which the King alone had no power at all to doe will easily appeare to the most malignant Spirits In the first Parliament of our late King Iames the first Bill then passed was an acknowledgement and confirmation of his immediate lawfull and undoubted succession and right to the Crowne of England as the next and onely Heire of the blood Royall to whom of right it descended which Dolman the Priest and some Jesuites opposed in Printed seditious Bookes So the Articles of Qu. Maries marriage with K. Philip were appointed and ratified by Parliament And the Imperiall Ecclesiasticall Jurisdiction usurped by the Pope and Prelates hath likewise by sundry Statutes beene restored and united to the Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spirituall Ecclesiasticall and Temporall setled upon our Kings and Queenes Who during their minorities have had Guardians and Protectors appointed to them by Parliament to summon Parliaments assent to Bills and execute all Royall Jurisdiction in their names and steads And as the Title and Right to the Crowne of England and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parliaments so hath the Title and jurisdiction of the Crowne of Scotland beene frequently discussed and setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crowne Witnesse the famous case and competition for that Crowne long agitated and resolved in Parliament betweene the King of Norway Bailiol and Bruce to omit others in the Reigne of King Edward the first And this King Edwards Title to the Crowne of Scotland declared and resolved by our Parliament here All which are Recorded at large by Thomas Walsingham and Matthew Westminster in the life of King Edward the first and in the Parliament Rolls and Pleas of his Reigne with sundry other instances of this nature frequent in our Historians which for brevity I pretermit It is a cleare case without dispute that if the King should dye without any Heire the Crowne would escheate to the whole Kingdome and Parliament who might dispose of it in such a case to what person they pleased or quite change that forme of Government if they saw good cause no particular kinde of rule being so simply necessary by any divine Right or Law to any State or Kingdome but that as it was at first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon sufficient grounds This appeares by the case of Charles the Grosse who being deposed from the Empire and his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject to him Destitute of a right Heire began to fall in sunder on every side and to chuse Kings of themselves of another Family France elected Charles a childe sirnamed Simple for their King and after his simplicity displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same time the people of Italy meaning to have a King of 〈…〉 not agree on the matter but some chose Beringarius 〈…〉 Kings in
by these men for these be those which brought me into this lamentable plight and the misery thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour Wenceslaus was likewise deposed by the Princes electors of the Empire For besotting himself so with pleasures c. as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian Common-wealth and Rupert Count Palatine of Rhine and Duke of Bavaria was elected Emperour in his stead The like no doubt might be lawfully done here in England by the whole Kingdom and Parliament if any such cases of incurable folly or frenzy should befall any of our Kings who might then either create a Lord Protector to govern both King or Kingdom during such disabilities of Government in the King as Childricke for a time before his deposition was governed and over-ruled in all things by the Marshall of the Palace or else Crown the next Heir King if he be capable to Govern Yea in the time of our Saxon Kings when the right Heir was an Infant unable to govern the Crown usually descended to the next Heir of full age Hence Wibba King of Mercia deceasing Penda his son being an Infant the Crown descended to his Nephew Câ—orl of full age after whose death Penda being of ripe age inherited the Kingdom So King VVulfcher deceasing leaving his son Kenred within age his Brother Ethelred succeeded him who resigning his Crown and turning Monke after he had Reigned 30. yeers Kenred then of full age enjoyed the Crown So Ethelfred King of Northumberland dying Edelwald his Brother entred the Government and Reigned Aldulfe Ethelherds son being then a minor who enjoyed not the Crown till after Edelwalds death So Casseâ—elan succeeded Lud his Brother in the Kingdom of Britain Luds sons being too young and insufficient to Reign The like was very usuall in Scotland of which there are divers presidents in Grafton Hector Boetius and Buchanan which I pretermit All which particulars laid together are a most clear unanswerable demonstration that the Soveraignest power and Jurisdiction of all others resides in the whole Kingdom and Parliament not in the King himself since they may thus dispose of the very Crown it self and are the sole and onely supream Judges to determine all controversies all titles which concern it The King alone having no power to transfer it to any other without the Lords and Commons free consents as was resolved in the case of King Iohn who resigned and granted his Crown to the Pope without the Kingdoms consent and therefore the resignation and grant were adjudged void not onely by the French King and his Lords but by our own Parliament as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe Of the Popes temporall Monarchy Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record The Prelates Dukes Counts and Barons being in the white Chamber and the Commons in the Painted Chamber it was shewed unto them by the Chancellour how they had understood the cause of the Summons of Parliament in generall but the will of the King was that the causes should be shewed unto them in speciall telling them how the King had understood that the Pope by vertue of a Deed which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks and that he purposeth to make out Processe against the King and his Realm for the said Service and Rent concerning which the King prayed the advice and counsell of the Prelates Dukes Earles and Barons and what he should do in case the Pope would proceed against him for this cause or against the said Realm And the Prelates prayed the King that they might thereupon advise alone by themselves and return their answer the next morning which Prelates by themselves the next morning and after the said Dukes Earls Barons and great men answered and said That the said King John NOR NO OTHER MIGHT PUT HIMSELF NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THE ASSENT AND ACCORD OF THEM And the Commons being advised and consulted with thereupon answered in the same manner Whereupon it was ordained and assented BY COMMON CONSENT in manner following In this present Parliament held at Westminster the Munday next after the Invention of holy Crosse in the yeer of the reign of King Edward the 40. as well to maintain the estates of holy Church as the rights of his Realm and his Crown it hath been shewed amongst other things how it hath been reported and said that the Pope by vertue of a Deed which he said that the said John late King of England had made to the Pope in perpetuity to do him homage for the realm of England and land of Ireland and by reason of the said homage to render to him an Annuall rent and hath purposed to make Processe against the King for to recover the said Services and rent The which thing being shewed to the Prelates Dukes Earls Barons and the Commons to have their advice and counsell thereupon and to demand of them what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause Which Prelates Dukes Earles Barons and Commons having taken full deliberation thereupon answered and said OF ONE ACCORD That the said King John NOR NO OTHER MIGHT PUT THEMSELVES NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT And as it appears by many evidences that if it were done it was done WITHOUT THEIR ASSENT AND AGAINST HIS OATH IN HIS CORONATION And moreover that the Dukes Earls Barons great men and Commons accorded and granted That in case the Pope would endeavour or attempt any thing by Processe or any other act to constrain the King or his Subjects to perform what is said he will claim in this behalf That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT And before this in the great Councell of Lyons the Proxies and Procurator of the Church and realm of England in the name of the whole Realm complained and protested against this grant of King Iohn as a meer Nullity BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS which neither did do nor ever after would consent thereto as I have elsewhere proved This being the common received opinion of all Civilians and Statists That no King or Emperour can alien or engage all or any part of his Kingdom to another without his Subjects generall consents and that such an alienation or Morgage is meerly void in Law to all intents as Albert. Gent. De jure Belli l. 3. r. 15. and Hugo Grotius proves at large De jure Belli
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even bâ—yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Libâ—rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hothâ—m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or â—ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12â—4 upon thâ— confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly
of the Lords House and some Judges from the House and City By plundering divers Parliament mens houses imprisoning their persons without Bayle Maineprise or Redemption and laying intolerable taxations on their estates By Declaring both Houses Traytors if not in positive yet at least in equivalent words and by necessary consequence By divers unparalleld violations of the Parliaments Priviledges by extrajudiciall Declarations out of Parliament penned by Malignants in his Majesties name and avowed by him published of purpose to oppose annull reverse the solemne legall Resolutions Declarations and Votes of both Houses in sundry cases and by name that against the Commission of Array And finally by the manifold invectives in severall his Majesties Declarations and Proclamations against the Parliaments Votes Proceedings Members seconded with expresse commands and invitations to the People to Contemne its authority and disobey all its Orders made without his personall consent which is indeed nought else but to nullifie Parliaments to make them altogether contemptible ridiculous and trample them under feete and hath wrought a strong malignity disobedience if not disaffection in many people to Parliaments to the end they may never desire or enjoy them hereafter notwithstanding the Act for trienniall Parliaments when this is once dissolved All these unparalleld apparent high attempts against the very honour essence of this and all other future Parliaments transcending both for quantity and quality all the violations of Parliaments Priviledges in all his Majesties Predecessors Reignes since England was a kingdome summed up in one together with the late Oxford Propositions for an Accommodation wherein the Houses finall Resolutions Declaring what is Law are called illegall and required to be reversed the power of imprisoning and fining men denyed and prostituted to the censures Writs and Examinations of inferiour Courts by way of Habeas Corpus the just expulsions of their owne Members denyed them all high Violations and denials of the knowne priviledges of Parliament contrary to his Majesties many former and late Printed Protestations and those Acts newly passed concerning Parliaments which will never recover their pristine dignity honour power priviledges if this should miscarry induce the most intelligent to opine that his Majesty long since weary of the yoke of all Parliaments the only Remora to his absolute intended Monarchy and repenting of the Act for continuing this since he hath gained his ends for which it was summoned more out of absolute necessity then love to Parliaments to wit peace with the Scots for the present by an Accommodation wrought by this Parliament purchased with his Subjects mony when as he saw no hopes of repelling them hence by force the paying of his then raised Army against them by the Parliaments free supply is now resolved in prosecution of his pristine Counsels by force or policy to dissolve this Parliament in discontent as he hath done all former and that with such advantages of a generall ill opinion of Parliaments in the ignorant mis-informed vulgar on the one hand and of a prevailing conquering power on his part on the other hand as shall either utterly extinguish the hopes and Bill of summoning any future trienniall Parliamentary Assemblies or at least so emasculate the vigour and eclipse the power of them if called that they shall neither have courage nor might nor meanes to resist his foresaid grand designe if he can now either by force or policy resume the Militia Forts Navy Ammunition into his absolute dispose the onely present obstacle now his forces are so great to gaine a compleate long-expected conquest over his peoples Liberties Lawes Estates and all Parliaments Priviledges if not beings too And if our Parliaments the onely Bulwarkes to protect our Lawes Liberties Estates Lives Religion Peace Kingdome against the devastations of oppressing lawlesse Princes and Officers be once conquered or weakned in the least degree we can expect no other issue but that Tyranny slavery popery shall be ere long entailed upon us and our Heires Soules and bodies forever Secondly By his Majesties frequent imposing of many unlawfull Taxes and Impositions on his Subjects contrary to his Coronation Oath the ancient Lawes of the Realme yea his owne late Statutes Declarations Vowes Promises which designe hath beene carryed on with a strong hand all his Reigne till now and at this present with a farre higher hand then ever which they exemplifie by the Loanes with other Taxes Impositions Grievances complained of in the Petition of Right in the third yeare of his Reigne which Act when first passed with this his Majesties solemne Oration and Protestation Printed with it I doe here declare That these things which have beene done whereby men had some cause to suspect the Liberty of the Subject to be trenched upon shall not hereafter be drawne into example for your prejudice And in time to come IN THE WORD OF A KING you shall not have the like cause to complaine backed with his Royall Declaration to all his Subjects at the breach of that Parliament to like purpose made most men thinke they should never be grieved with illegall Taxes more though the very annexing and Printing of his Majesties two Answers this Speech when he passed the Petition at the end thereof with the Scope and matter of this Speech and other then concurring circumstances made the wisest men suspect it was onely a baite to catch the Temporalties and Clergies five a peece extraordinary great Subsidies then aymed at a greater ayd then was ever before granted at once to any of his Majesties Predecessors and a policy then seemingly to content but subsequently to delude the over-credulous impoliticke Vulgar the verity whereof was at that instant much confirmed by his Majesties clayming even in his very speech when he passed the Petition of Right Tunnage and Poundage as a meere right and his taking it as a just duty without grant by Parliament from his comming to the Crowne till then and since by his extraordinary strange commission granted under the great Seale to divers Lords and others for the laying of an intolerable illegall excise on all the Subjects throughout England and Ireland seconded with the Commission to Dalbere and others for the raysing and importing of German Horse and the billeting of Irish foot in sundry places of England to joyne with those horse to set on this excise even at that very instant when this Petition of Right was debated and passed the breaking up of that Parliament as soone as these Subsidies were granted and the unpatterned inundation of all kinde of unjust Taxes as soone as ever that Parliament was dissolved as fines for Knighthood New-buildings Inclosures exacted Fees not to redresse but authorize them by compositions to get money Shipmony Monopolies of Tobacco Sope Brickes Pins and a world of other particulars upon which annuall rents were reserved Forrest-bounds and offences prosecuted with all Rigour Impositions upon Coale Beare Salt Wines Tobacco and all kinde of Merchandise Lieutenants
right and interest wee cannot say many men but suspect the like and worse usages when these are all surrendred into his Majesties power and that he with his ill Counsellors who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace and now plainly professe that they never intended the Premises should be put into such persons hands as the Parliament and kingdome might confide in but themselves alone will then as much over-awe the present and all future Parliaments as they doe now the country people where they quarter and handle many active worthy members of both Houses particularly proclaimed rebels by the King without conviction who hath not so violently proceeded against any of the Irish Rebels in this kinde as he hath done against the houses of Parliament and the chiefe well deserving members of it as rigorously if not far worse as any now imprisoned by them notwithstanding that true rule of Seneca Remissius imperanti melius paretur Et non minus Principi turpia sunt multa supplicia quam Medico multa funera Their second generall reason is an ancient â—ore ploâ—teâ— conâ—ederacie between the Popish and Prelaticall Party in the Kingdome to change Religion and re-establish Popâ—ry Which designe hath been vigorously prosecuted long before his Majesties â—aigne but more effectually since his marriage with one of that Religion who in regard of her neerenesse to and continuall presence with him heretofore and activitie to assist him now against his Parliament hath such a meritâ—rious interest in his affections if not powerfull influence upon his will and Councells as may induce his Majestie as well as King Salomon to grant at least a speedy publike long-expected tolleration and free use of the Romish Religion if not a suppression of the Protestant faith throughout the Realme if all the premises be put into his Majesties unlimited power And that which backes this more then conjecturall feare is First the large visible progresse made in this designe before this Parliament as not onely the Houses joynt Declarations but divers Malignant Members declanatory Orations now with the King testifie together with our Prelates manifold Popish Innovations in Doctrines Ceremonies Ecclesiasticall proceedings the Popes Nuncioes Residence neere and free accesse to Court our Agents residence at Rome the Cell of Capuchins Chapples erected for Masse the infinite swarmes of Seminary Priests and Jusuites every where with freedome and impunity the suspention of the Lawes against them and Popish Recusants the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants with other particulars clearely demonstrate Secondly the present generall Rebellion and bloody proceedings of the Papists in Ireland to extirpate the Protestant Religion there and the many prevayling Plots of the Irish Rebels party here to delay seize or frustrate all ayde and opposition against them from hence with his Majesties late Commissions to Papists and Protestants and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells contrary to the very Act he passed this Parliament for Irelands releefe Thirdly his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings and if reports be credible his Majesties Commissions lately issued to most notorious convicted Papists in Wales Lancashire the North and other parts to arme themselves and raise forces under their Commâ—nds who are now in severall bodies in the field and his inteâ—taiâ—ing of divers Popists and Irish Rebells in his Army to fight against the Parliament contrary to the expresse Lawes of the Realme his owne frequent Proclamations and Protestations â—o entertaine â—o Papists neare hâ—m and to defend the Protestant Religion Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland the entertaining of some of the Commanders sent to Ireland by the Parliament agâ—inst the Rebâ—lls if not sending for some of them out of Ireland from that Service to warre against the Parliament with the passes under his Majesties hand for the traâ—sâ—orting of some Popish Commanders since joyned wiâ—h the Irish Râ—bells into Ireland make many jealous heads suspect the common vaunt of the Irish Rebells that they have expresse Commissions both from the Kiâ—g aâ—d Queene to warrant theâ—r â—roceedings thâ—re and that they fight but for them against the Parliâ—mâ—nt Puâ—â—tanes and Parliament-Dâ—gs the Language of the Cavaleeres too learned from them are not onely possible but probable and that thâ—re is a generall designe on foote towards which the Papists in forraigne parts through the Priests and Queenes Negotiations have made large contributions by the Popish Armies now raised in both Kingdomes to sâ—t up Popery in its perfection every where and extirpate the Proteâ—â—ant Religion in all oâ—r Kingdomes which nothing but an absolute conquest of these blood-thirsty Papists caâ— in probability prevent they being already growne so insolent as to say Masse openly in all the Northerne parts and Army and in Reading in affront of God and our Religion If therefore the premises should now be wholy surrendred to his Majestie it is much to be feared that the Popish party now most powerfull would in recompence of their meritorious service and assistance in these warres at leastwise challenge if not gaine the chiefe command of the Ports Navie Ammunition the rather because the Lord Herbert a most notorious Papist both before and since this Parliament enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall designed for the Kings chiefest Magazine and then farewell Religion Lawes Liberties our Soules and bodies must become either Slaves or Martyrâ—s Their third generall ground is the constant practise of most of our Kings as Iohn Henry the 3d. Edward and Richard the 2 d with others who after warres and differences with their Parliaments Lords Commons upon accommodations made betweene them as soone as ever they got possession of their Castles Ships Ammunition seised by their Subjects brake all vowes oathes covenants made unto them oppressing them more then ever enlarging their owne prerogatives and diminishing the Subjects Liberties yea taking away many of their lives against Law Oathes Promises Pardons on purpose to enthrall them which still occasioned new Commotions as the premised Histories and others plentifully informe us And that the King considering all his fore-mentioned proceedings and pertinacious adhearing to his former evill Councellours and their Councells should degenerate from his predecessors Policies in case the premises be yeelded wholy to him before our Liberties and Religion be better setled and the just causes of our feares experimentally removâ—d iâ— hardly credible But against these 3. Generall reasons his Majesties many late solemne Protestations and those Acts which he hath passed this Parliament are objected as sufficient security against all future feares To which they answer First that if his Majâ—sties Coronation
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
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
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
of the Kings just Prerogative transcends my understanding to conceive Finally our own Parliaments in most Kings Reignes have both claimed and enjoyed this power of Electing Privie Counsellours Chancellours Treasurers Judges and other great Officers of State and created some new Officers of far higher quality and power to governe both King and Kingdome then any the Parliament desires 〈◊〉 are in truth fitting for them to create unlesse in cases of absolute necessity to prevent the Kingdomes utter ruâ—ne To give you some few principall instances of many In the Yeare 1214. the 16 Yeare of King Iohns raigne In a Parliament held at â—â—â—ning-Meade neare Windsor for the setling and securing of Magna Charta and other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was agreed by King Iohn and Enacted That there should be 25 Barons Chosen such as the Lords would who should to their uttermost power cause the same to be held and observed And that if either the King or his Iusticiar should transgresse in any Article of the Lawes and the offences shewed 4 Barons of the 25. should come to the King or in his absence out of the Kingdome to the chiefe Iusticiar and declare the excesse requiring without delay redresse for the same which if not made within 40. dayes after such declaration those 4 Barons should referre the cause to the rest of the 25 who with the Commons of the Land might distraine and inforce the King by all meanes they could by seising upon his Castles Lands and Pessessions or other goods his Person excepted and that of his Queene and Câ—ildren till amends be made according to their Arbitration And that whosoever would should take their Oath for the execution hereof and obey the Commandement of the 25. Barons herein without prohibition And if any of them dissented or could not assemble The Major part to have the same power of proceeding Hereupon there are 25. Barons chosen to bâ— Conservators of Magna Charta and the Subjects Priviledges whose Names you may reade in Matthew Paris who by the Kings Consent tooke an Oath upon their soules that they would keepe these Charters with all diligence and Compell the King if he should chance to repent as he did soone after to observe them Which done all the rest of the Lords then likewise tooke another Oath to assist and obey the Commands of those five and twenty Barons In the Yeare 1221. Hugh de Burgh was made the Protector or Guardian of the Realme by a Parliament held at Oxford In the Yeare 1222. I reade in Matthew Paris and others that Ralph Nevill Bishop of Chichister was made Keeper of the Great Seale and Chancellour of England by assent of the whole Kingdome in Parliament to wit in such sort Vt non deponeretur ab ejusdem sigilli custodia NISI TOTIVS REGNI ORDINANTE CONSENSâ—V CONSILIO That he should not be deposed from the custody of the said Seale but BY THE ORDINANCE CONSENT and COVNSELL OF THE WHOLE REALME Loe here the greatest Officer of the Realme not onely elected but confirmed by Parliament so as not to be displaced but by the consent of the whole Realme whose publike Officeâ— he was Hereupon King Henry afterward taking some distaste against Ralfe because the Monkes of Winchester elected him Bishop of that Sea against his good liking tooke away the Seale from him and delivered it to Geffery of the Temple in the 22â— Yeare of his Reigne but yet he held his Chancellours place still and tooke the profits of it during all his life though he refused to take the Seale againe when the King offered to restore it him the 23. of his Reigne Quod per Consilium praedicto Cancellario commissum fuit TOTIVS REGNI After which he being restored to the Seale by the Parliament An. 1236. this King removed Ralph the Steward of his Houshold with certaine other his Counsellours and great Officers of his House from his Counsell and their Offices and he likewise most instantly required his Seale from this Bishop of Chichester his Chancellour who executed his Office unblameably being a Pillar of Truth in the Court But the Chancellour refused to deliver it seeing the violence of the King to exceed the bounds of Modesty and said That hee could by 〈◊〉 meanes doe it Cum illud COMMVNI CONSILIO REGNI SVSCEPISSET since he had received it by the common Counsell of the Kingdome wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSELL OF THE REALME to wit the Parliament Anno Dom. 1237. King Henry the third sommoning a Parliament at London because it seemed somewhat hard to sequester all his present Counsell from him sodenly as reprobate it was concluded that the Earle Warran William de Ferarijs and John Fitz Geofrey should be added to his Privie Counsell whom the King caused to sweare That by no meanes neither through gifts nor any other manner they should deviate from the way of truth but should give good and wholesome councell both to the King himselfe and the Kingdome Whereupon they granted him a Subsidie of the thirtieth part of their goods upon condition that from thenceforth and ever after forsaking the Counsell of strangers and all unnaturall ones qui semper sui non Regni amici esse consueverunt Regni bona distrahere non adunare he should adhere to the counsell of his faithfull and naturall subjects Et sic soluto consilio non sine interiori murmuratione multa concepta indignatione â—o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent consilijs eorum a quibus omnem honorem terrenum habet obsecundarent ad propria quisqueremeavit But this prefidious King Regni delapidator as the Barons and Historians stile him contrary to his solemne Oath and promise would not be weaned from his evill Counsellours but retained them still till by force of Armes they were removed and banished In the Yeare 1244. the 28 of Henry the third his Reigne the Bishop of Chichester that faithfull Stout Chancellour made by Parliament dying and the place continuing void for a space in a Parliament at London the Lords and Commons complained That for defect of a Chancellour divers Writs were granted against Iustice and they demanded that by THEIR ELECTION a Iusticiar and Chancellour might be made by whom the state of the Kingdome might be setled AS IT WAS ACCVSTOMED The King promised to reforme all things himselfe least he might seeme thereto compelled by them which they gave him a convenient time to effect and so adjourned promising to give him an aide at their next meeting if in the meane time he redressed things amisse according to promise Which he failing to doe At their next meeting They demanded Magna Charta to be confirmed which they had divers times dearely purchased and a new Charter to be made for that purpose That
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
the Statutes at large in 11. 21. R. 2. and our Historianâ— in those yeares more copiously manifest In 12. R. 2. c. 2. There was this notable Law enacted which Sir Edward Cooke affirmes is worthy to be writ in Letters of gold and worthier to be put in due execution For the Universall wealth of all the Realme it is enacted that the Chauncellor Treasurer Keeper of the Privie Seale Steward of the Kings house the Kings Chamberlaine Clarke of the Rolls the Iustices of the one Bench and other Barons of the Exchequor and all other that shall be called to ordaine name or make Iustices of peace which whether the Lord Keeper alone can make or unmake without consent of all these or put out of Commission without just cause and conviction now commonly practised is a considerable Question upon this and other statutes Sheriffes Escheators Customers Controllers OR ANY OTHER OFFICER or Minister of the King shall be firmely sworne that they shall not ordaine name or make Iustices of peace Sheriffe Escheator Customer Controller or other Officer or Minister of the King for any gift or brocage favour or affection nor that none which puâ—sueth by him or by other privily or apertly to be in any manner Office shall be put in the same Office or in any other But that they make ALL SVCH OFFICERS and Ministers OF THE BEST MOST LAWFVLL MEN SVFFICIENT to their estimation and knowledge Which most excellent Law with others of like nature still in force were it duly executed there would not be so many corrupt Officers of all these sorts in the kingdome as now swarme in every place From which Act I shall onely make these 2. Inferences First that if so great a care ought to be had in the choyce of these under-Officers then certainely farre more of the grand Officers and Iudges of the kingdome Secondly that if it be no disparagement to the Kings honour or prerogative for these greâ—t Officers of the Realm to ordain name and make Iustices of peace Sheriffes and other under Officers of the King wiâ—hout the kings privitie as oft times they doe then by the same or greater reason it can be no diminotion of his honour or prerogative Royall for the Parliament which is best able to judge of mens abilities and honesties to have power onely to nominate or recommend to the King such as they know to be the best most lawfull and sufficient men for the highest state Offices and places of Iudicature when they becomevoyd Not to trouble you with any more Presidents in this Kings Raigne recorded in Story I shall close them up with one or two more upon record In the Parliament of 3. R. 2. The Câ—ancellor having declared the causes of Summons and among others the great stâ—aights the King was in for want of money so that he had at that time nothing in his Treasury but was greaâ—ly endebted c. He pâ—ayed the Parliament â—o advise how and after what manner he mâ—ght be relieved not onely for his owne safety but for the safetie of them all and of the Râ—alme To which the Commons after they were advised of theâ—r said Charge returned this Answer to the King in Parliament by their Speaker in name of the whole Commons That the said Commons are of opinion that if their Liege Soveraigne had beene well and 〈◊〉 governed in his Expences spent 〈◊〉 the Realme and elsewhere he now had had no neede of their aid by charging the 〈…〉 whom they imagined to be now more poore and indigent then ever they were before Wherefore they pray That the Prelates and other Lords of the Kings continuall Councell who have a long time travelled in the said affaires BE VTTERLY DISCHARGED to their great ease and in discâ—arge of the King from their custodies and that No such Counsellors should be retained about â—he King in regaâ—d that our Lord the King is now of good discretion and â—f a goodly Stature having respect to his Age which is now neare the age of his noble Grandfather at the time of his Coronation who had no other Counsellors at the beginning of his raigne but ONELY the Five accustomed Principall Officers of HIS REALME They further pray that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme who may be tractable and who may best know and execute their Offices that is to say The Chancellor Treasurer Keeper of the Privie Seale Chiefe Chamberlaine and Steward of the Kings House and that these so chosen of whose Names and persons the Commons will be ascâ—rtained this Parliament for their greater comfort and aide to execute the businesse of the King shall have it therein declared that they Shall not be Removed before the next Parliament unlâ—sse it be by reason of Death Sicknesse or other necessary cause And they likewise pray for remedy of default â—f the saâ—d Government if there be any on that party that a sufficient and generall Commission may be made the best that may be devised to certaine Prelates Lords and others of the most sufficient lawfull and wise men of the Realme of England diligently to Survey and examine in all the Courts and places of the King as well within his owne house as elsewhere the estate of the said House and al expences and receits whatsoever made by any of the Ministers or any Officers of thâ— Realme and of othâ—r his Seignoriâ—s and Lands as well on this side as â—eyond the Sâ— as from the Kings Coronâ—tion till this prâ—sâ—nt so thâ—t if there be aâ—y default bee found by the said Examination in any mâ—nner by negligence of Officers or othâ—rwise â—he said Commissioners shall certifie them to our Lâ—râ— the King to have them amended and corrected to the endâ— that our Loâ—d the King may be honourably governed within his Realm as bâ—longeâ—h to a King to be governed and may be able with his owne râ—veneues to support the charge of his Expences and to defend the Realme on every part and defray the other charges above named Which Petition and Commission the King accordingly granted In the Parliament of 13. R 2. An. 1389. Iohâ— Duke of Lancaster By ASSENT of all the Estates of Parliament was created Duke of Aquitaine for his life by King Richard his Nephew the words of whose Patent Printed at large in Master Seldens Titles of Honour runne thus De ASSENSU Praelatorum Ducum Magâ—â—tum alioâ—um Proâ—erum Communitatis Regni nostri Angliae in instanti Parliamento nostro apud West monasterium convâ—cato existentiuâ— teâ— praedelectissimum Patrium no strumin DVCEM AQVITANIAE cum Tituâ—o Stilo ac nominâ— honore eidem debitis praefiâ—imâ—â— ac inde praesentiali er per â—ppositio 〈◊〉 Cappae 〈◊〉 capiâ—i ac traditionem Virgae aureae iâ—vestimus c. toto tempoâ—e viâ—ae tuae possidâ—ndum c. Giving him power thereby To Coine what Gold
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
quam impias inter nos conseramus manus c. If then a Kings offensive warre upon his Subjects without very just grounds and unevitable occasions be thus utterly sinfull and unlawfull in law and Conscience and most diametrally contrary to the Oath Office trust and duty of a King who by this strange metamorphosis becomes a Wolfe instead of a Shepheard a destroyer in liew of a Protector a publike Enemy in place of a Common friend an vnnaturall Tyrant instead of a naturall King it followes inevitably that the Subjects or Kingdomes resistance and defensive warre in such a case both by the law of God of nature of the Realme must be lawfull and just because directly opposite to the only preservative against that warre which is unlawfull and unjust and so no Treason nor Rebellion by any Law of God or man which are illegall and criminall too Eightly It is the received resolution of all Canonists Schoolemen and Civill Lawyers That a defensive warre undertaken onely for necessary defence doth not properly deserve the nam of warre but onely of Defence That it is no levying of warre at all which implies an active offensive not passive defensive raising of forces and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament the onely proper Iudge of Treasons hath already resolved in point of Law but a faculty onely of defence Cuilibet Omni Iure ipsoque Rationis Ductu Permissa c. permitted to every one By all Law or right and by the very conduct of reason since to propulse violence and iniury is permitted by the very Law of Nations Hence of all the seven sorts of warre which they make they define the last to be A just and Necessary War quod fit se et sua defendendo and that those who dâ—e in such a war caeteris paribus are safe Causa 23. qu. 1. and if they be slaine for defence of the Common-wealth their memory shall live in perpetuall glory And hence they give this Definition of a just Warre Warre is a Lawfull Defence against an immi eâ—t or praeceeding offence upon a publike or private cause concluding That if Defence be severed from Wâ—rre it is a Sedition not Warre Although the Emperour himselfe denounce it Yea although the whole World combined together Proclaime it For the Emperour or King can no more lawfully hurt another in Warre tâ—en he can take away his goods or life without cause Therefore let Commentato sâ—bâ—awle etâ—rnally about Warre yet they shall never justifie nor prove it lawfull Nisi ex Defensione Legitima but when it proceeds from Lawfull defence all Warres beâ—â—g rash and unjust against those who justly defend themselves This Warre then being undertaken by the Parliament onely for their owne and the Kingdomes necessary defence against the Kings invasive Armies and Cavalliers especially now after the Kings rejection of all Honourable and safe termes of Peace and accommodation tendered to him by the Parliament must needs be just and lawfull and so no Treason nor Rebellion in point of Law or Conscience Since no Law of God nor of the Realme hath given the King any Authority or Commission at all to make this unnaturall Warre upon his Parliament his people to enslave their Soules and Bodies or any inhibition to them not to defend themselves in such a caâ—e These generall Considerations thus premised wherein Law and Conscience walke hand in hand I shall in the next place lay downe such particular grounds for the justification of this Warre which are meerely Legall extracted out of the bowels of our knowne Lawes which no professors of them can contradict First it is unquestionable that by the Common and Statute Law of the Land the King himselfe who cannot lawfully proclaime Warre against a Forraigne Enemy much lesse against his people without his Parliaments previous assent as I have elsewhere proved cannot by his absolute Soveraigne Prerogative either by verball Commands or Commissions under the great Seale of England derive any lawfull or just Authority to any Generall Captaine Cavalliers or person whatsoever without Legall Triall and Conviction to seize the Goods or Chattels of any his Subjects much lesse forcecibly to Râ—b Spoile Plunder Wound Beat Kill Imprison or make open War upon them without a most just and inâ—vitable occasion and that after open hostility denounced agaiâ—st them And if any by vertue of such illegal Commissions or Mandats Assault Plunder Spoile Rob Beat Wound Slay Imprison the Goods Chattels Houses Persons of any Subject not lawfully convicted They may and ought to be proceeded against resisted apprehended indicted condâ—mned for it notwithstanding such Commissions as Trespassers Theeves Burglarers Felons Murderers both by Statute and Common Law As is clearely enacted and resolved by Magna Charta cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Chaâ—tas cap. 2. 4 E. 3. c. 4 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5. R. 2. ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. Iacob c. 3. Against Monopolies The Petition of Right 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca. 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purvâ—yers 42. Ass. Pl. 5. 12. Bâ—oâ—ke Commissions 15. 16. Fortescue c. p. 8. 9. 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Imprisonment 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Conference at the Committies of both Houses 3 â— Aprilis 4 â— Caroli concerning the Right and Priviledge of the Subject newly Printed Cooke lib. 5. fol 50. 51. lib. 7. fol 36. 37. lib. 8. fol. 125. to 129. Iudge Crooks and Huttons Arguments against Shâ—pmoney with divers other Law-Bookes Therefore the Cavalliers can no waies justifie nor excuse their Wounding Murthering Imprisoning Assaulting Robbing Pillaging and spoiling of his Majesties people and Subjects and making Warre upon them by vertue of any Warrant or Commission from the King but may justly and legally be apprehended resisted and proceeded against as Murtherers Rebels Robbers Felons notwithstanding any pretended Royall Authority to countenance their execrable unnaturall proceedings Secondly It is irrefragable that the Subjects in defence of their own Persons Houses Goods Wives Families against such as violently assault them by open force of Armes to wound slay beate imprison robbe or plunder them though by the Kings own illegall Commission may not onely lawfully arme themselves and fortifie their houses their Castles in Iudgement of Law against them but resist apprehend disarme beat wound repulse kill them in their just necessary defence not onely without guilt of Treason or Rebellion but of Tresspas or the very least offence And Servants in such Cases may lawfully justifie not
Armes against his loyall Subjects and assault their persons to murther them and spoyle their goods if they by common consent in Parliament especially shall forcibly resist disarme or restraine his person till his fury be appeased and his judgement rectified by better councells shall this be Treason Rebellion or Disloyaltie God forbid I thinke none but mad men can or will averre it It was a great doubt in Law till the statute of 33. H. 8. c. 20. setled it If a party that had committed any high Treasons when he was of perfect memory after accusation examination and confession thereof beâ—came madde or lunaticke where he should bâ— tried and condemned for it during this distemper And some from that very act and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas 16. b. and Cooke l. 4. f. 124. Beverlyes case which resolve that a Lunaticke or Non Compos cannot be guilty of murther feloney or petite Treason because having no understanding and knowing not what he doth he can have no fellonius intention conceive that a reall mad-man cannot be guilty of high Treason though Sir Edward Cooke in Bevâ—rlies case be of a contrary opinion if he should assault or kill his king And I suppose few will deeme Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree shot at a Deere high Treason neither was it then reputed so or he prosecuted as a Traytor for it because he had no malicious intention as most thinke against the King or any thought to hurt him But I conceive it out of question if a king in a distracted furious passion without just cause shall invade his subjects persons in an open hostile manner to destroy them it neither is nor can be Treason nor Rebellion in them if in their owne necessary defence alone they shall either casually wound or slay him contrary to their loyall intentions and those Statutes and Law-bookes which judge it high Treason for any one maliciously and trayterously to imagine compasse or conspire the death of the King will not at all extend to such a case of meere just defence since a conspiracie or imagination to compasse or procure the Kings death can neither be justly imagined nor presumed in those who are but meerely defensive no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice in which a Pardon by Law is granted of course however questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings in such a defensive warre Sixthly suppose the King should be captivated or violently led away by any forraign or domesticke enemies to him and the kingdome and carried along with them in the field to countenance their warres and invasions upon his loyallest Subjects by illegall warrants or Commissions fraudulently procured or extorted from him If the Parliament and Kingdome in such a case should raise an Army to rescue the King out of their hands and to that end encountring the enemies should casually wound the King whiles they out of loyalty sought onely to rescue him I would demaund of any Lawyer or Divine whether this Act should be deemed Treason Rebellion or Disloyalty in the Parliament or army Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case those that come onely to rescue the King and so fight really for him indeed though against him in shew and wound him in the rescue Or those who in shew onely fought for him that they might still detaine him captive to their wills Doubtlesse there is no Lawyer nor Theologue but would presently resolve in such a case that the Parliaments Army which fought onely to rescue the King were the loyall Subjects and the Malignants army who held him captive with them the onely Rebels and traytors and that the casuall wounding of him proceeding not out of any malicious intention but love and loyalty to redeeme him from captivity were no trespasse nor offence at all being quite besides their thoughts and for a direct president It was the very case of King Henry the third who together with his sonne Prince Edward being taken Prisoner by the Earle of Leycester in the battle of Lewis and the Earle afterwards carrying him about in his Company in nature of a Prisoner to countenance his actions to the great discontent of the Prince the Earle of Glocester and other Nobles hereupon the Prince and they raising an Army encountred the Earle and his Forces in a battle at Evesham where the King was personally present slew the Earle Routed his Army and rescued the king in this cruell battell the king himselfe being wouded unawares with a Iavelin by those who rescued him was almost slaine and lost much of his blood yet in a Parliament soone after sommoned at Winchester Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels but those who rescued them though with danger to his person rewarded as his loyall subjects And is not this the present case A company of malignant ill Councellors Delinquents Prelates Papists have withdrawne his Majestie from his Parliament raised an Army of Papists Forraigners Delinquents and Male-contents to ruin the Parliament Kingdome Religion Lawes Liberties to countenance this their designe they detaine his Majestie with them and engage him all they can on their side the Parliament out of no disloyall intention but onely to rescue his Majesties person out of their hands to apprehend delinquents preserve the Kingdome from spoyle and defend their Priviledges Persons Liberties estates religion from unjust invasion have raised a defensive Army which encountred these Forces at Edgehill where they say the King was present slew the Lord Generall Earle of Lindsey with many others and as they never intended so they offered no kind of hurt or violence at all to his Majesties person then or since and now full sore against their wils Petitions endeavours for peace they are necessitated to continue this offensive warre for their owne and the Kingdomes necessary preservation The sole question is Whether this Act this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion and who are the Traytors and Rebells in this case Certainly if I understand any Law or Reason the Parliament and their Forces are and must be innocent from these crimes and their opposite Popish Malignant Cavaleers the onely Rebels and Traytors as this Parliament the onely proper Judge of Treasons hath already voted and declared them in point of Law Seventhly it is Littletoâ—s and other Law-bookes expresse resolutions That if a man grant to another the Office of a Parkership of a Parke for life the estate which he hath is upon condition in Law though not expressed that he shall well
blinde King who could not lead them to the warres in person And Ethodius the 2 d king of Scotland being dull of wit given to avarice and nothing meete to governe the Realme thereupon the Nobles tooke upon them the governmeÌ„t appointing Rulers in every Province so continued them all his reigne leaving him nothing but the bare title of a King not depriving him thereof out of the respect they gave to the family of Fergusius but yet taking away all his regall power And not to multiply cases or examples of this nature Andrew Favine in his Theatre of Honour out of the Chronicle of Lauresheâ—m and Aâ—monius in his 4 th Booke of the History of France relates a notable resolution given by the Parliament Estates of France in this very point In the yeare 803. Lewes the Deâ—onnaire king of France holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vuilses who with frank free good will submitted themselves to the judgement of the said â—arliament to which of them the kingdome should belong The elder of these two brethren was named Miligastus and the yonger Celeaâ—raeus Now albeit the custome of the said kingdome adjudged the Crowne to the eldest according to the right of 〈◊〉 allowed and practised by the Law of Nature and of later memory in the person of the last dead King Liubus father to the two contendants yet notwithstanding in regard that the Subjects by universall consent of the kingdome had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret and had given the Crown to the younger brother FOR HIS VALOVR DISCREETE CARRIAGE after full hearing of both parties BY SENTENCE of PARLIAMENT the Kingdome was adjudged to the younger Brother statâ—â—t ut junior frater delatam sibi à Populo suo potâ—statem haberet c and thereupon the eldest did him homage with oath of Alleigance in the said Parliament and submitted to this sentence And upon this very ground in some of our ancient British and Saxons Kings Reignes when the right heire to the Crowne was an infant unable to defend his kingdome and people against invading enemies the Crowne hath commonly descended to the Vncle or next heire of full age who was able to protect them and repulse their enemies till the right heire accomplished his compleat age as I have elsewhere manifested If then a Kingdome by generall consent may elect a new King to defend and preserve it in case of invasion and eminent danger of ruine by forraigne enemies when their present King either cannot or will not doe his duty in protecting them from their enemies and exposeth them for a prey to their devastations as these examples and authorities conclude they may though I will not positively determine so Then certainely by equall semblable and greater reason subjects may lawfully take up necessary defensive Armes against their Kings when they shall not onely desert but actually invade and wage warre against them destroy and wast them in an open Hostile manner and handle them as cruelly as the worst of enemies such a wilfull unnaturall Hostile invasion being farre worse than any cowardly or bare desertion of theÌ„ when they are invaded by a forraign enemy And if Kings in case of â—otâ—ishnesse or Lunacy may be lawfully deposed from their kingdomes by common consent of their Realmes when they are altogether unfit or unable to governe as Bishop Bilson asserts and I have manifested elsewhere then much more may they be lawfully resisted by force without guilt of Treason or Rebellion when they wilfully and maliciously contrary to their oath and duty cast off their Royall governments the protection of their subjects and wage open warre against them to enslave or ruine them If a Father shall violently and unjustly assault his sonne a husband his wife a master his servant a Major or other inferior Officer a Citizen to murther maime or ruine them They may in such a case by the Law of Nature God man resist repulse them in their owne defence without any crime at all as dayly practise experimentally manifests yea they may sweare the peace against them and have a Writ de securitate Pacis in such cases Therefore by the selfefame reason they may resist the King and his Army in like cases there being no more humane nor divine Law against resistance in the one case than in the other Finally it is the resolution of Iohn Bodin and others who deny the lawfulnesse of Subjects taking up Armes against their Soveraigne Prince or offering violence to his person though he become a Tyrant That if a Soveraigne Prince or King by lawfull election or succession turnâ— a Tyrant he may lawfully at his Subjects request be invaded resisted condâ—mâ—ed or slaine by a forraigne Prince For as of all Noble acts none is more honourable or glorious then by way of fact to defend the honour goods and lâ—ves of such as are unjustly oppressed by the power of the more mighty especially the gate of Iustice being shut against them thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian and no meanes to have redresse of his wrongs So it is a most faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people unjustly oppressed by the cruelty of a Tyrant as did the great Hercuâ—es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters that is to say Tyrants and so delivered people for which he was numbred among the gods his posterity for many worlds of yeares after holding most great Kingdomes And other imitators of his vertue as Dio Timoilion Aratus Harmodius Aristogiton with other such honourable Princes bearing Titles of chastisers and correctors of Tyrants And for that onely cause Tamerlain Emperour of the Tartars denounced warre unto Bajazet King of the Turkes who then besieged Constantinople saying That he was comming to chastise his Tyrannie and to deliver the afflicted people and vanquishing him in battle routed his Army and taking the Tyrant prisoner he kept him in chains in an Iron Cage till he dyed Neither in this case is it materiall that such a vertuous Prince being a stranger proceede against a Tyrant by open forcâ— or fiercenesse or else by way of justice True it is that a valient and worthy Prince having the Tyrant in his power shall gaine more honour by bringing him unto his tryall to chastise him as a murtherer a manqueller and a robber rather than to use the Law of Armes against him Wherefore let us resolve on this that it is lawfull for any stranger Prince to kill a Tyrant that is to say a man of all men infamed and notorious for the oppression murder and slaughter of his subjects and people And in this sort
who would thus willingly ruine his Principality as of free to make it tributary of his owne to make it anothers of happy to make it miserable and to submit himself to anothers pleasure as one conquered without a wound But I have heard and read of many who with effusion and losse of much blood which was laudable have procured liberty to themselves modo autem auâ—io quod Dominus vester miser deses imbellis qui nullo null or est de libero servus fieri desiderat qui omnium mortalium miserrimus est After which he said That the King was unworthy of his Confederacie and looking on the two Knights with a sterne countenance he comâ—anded them to depart instantly out of his presence and to see his face no more whereupon they departing with shame hee charged Robert the Clerke to informe him truely what manner of person King Iohn was who replied That he was rather a Tyrant then a King rather a Subverter then a Governour a Subverter of his owne Subjects and a Fosterer of Strangers a Lyon to his owne Subjects a Lambe to Aliens and Rebels who by his sloathfulnesse had lost the Dutchy of Normandy and many other Lands and moreover thirsted to lose and destroy the Kingdome of England An unsatiable Extortioner of money an invader and destroyer of the possessions of his naturall people c. When Miramumalin heard this he not onely despised as at first but detested aâ—d accursed him and said Wâ—y doe the miserable English permit such a one to raigne and domineer over them Truely they are effeminate and slavish To which Robert answered the English are the most patient of all men untiâ—l they are offended and damnified beyond measure But now they are angry like a Lion or Elephant when he perceives himselfe hurt or bloody and though late they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it Wâ—ereupon he reprehended the overmuch patieâ—ce anâ— fearefulnesse of the English and dismissed these Messengers who returning and relating his Answer to King Iohn he was exceeding sorrowfull and in much bitternesse of Spirit that he was thus contemned and disapointed of his purposâ— Yet persisting in his pre-conceived wicked designe to ruine his Kingdome and people and hating all the Nobility and Gentry of England with a viperous Venom he sets upon another course and knowing Pope Iuno cent to be the most ambitious proud and covetous of all men who by gifts and prâ—mises would be wrought upon to act any wickednesse Thereupon he hastily dispatcheth messengers to him with great summes of Money and a re-assurance of his tributary Subjection which shortly after he confirmed by a new Oath and Charter to procure him to Excommunicate the Archbishop of Canterbury and the Barons whom he had formerly favoured which things he greedily desired that he might wrecke his malice on them by Disâ— inheriting Imprisoning and Spoiling them being Excommunicated Which things when he had wickedly plotted he more wickedly executed afterwards In the meane time the Barons foreseeing that nothing was to be obtained but by strong hand assemble an Army at Stamford wherein were said to be two thousand Knights besides Esquires and marched from thence towards Oxford where the King expected their comming to answer their demands And being come to Brackâ—ey with their Army the King sends the Earle of Pembroke Mariscall and the Archbishop of Canterbury with others to demand of them what were those Lawes and Liberties they required to whom they shewed a Schedule of them which the Commissioners delivered to the King who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore he would never graâ—t those Articles whereby himselfe should be made a Servant So harsh a thing is it to a power that is once gotten out into the wide libertie of his will to heare againe of any reducing within his Circle Vpon this answer the Barons resolve to seize the Kings Castles constitute Robert Fitz-walter their Generall entituling him Mariscall of the ARMY of GOD aâ—d of HOLY CHVRCH A Title they would never have given their Generall or Army had they deemed this Warre unlawfull in Law or Conscience After which they tooke divers of the Kings Castles and are admitted into London where their number daily increasing they make this Protestation Never to give over the prosecution of their desire till they had constrained the King whom they held perjured to grant them their Rights Which questionlesse they would not have done had they not beleeved this Warre to be just and lawfull King Iohn seeing himselfe in a manner generally forsaken of all his people and Nobles having scarce 7. Knights faithfull to him another strong argument that the people and Kingdome generally apprehended this taking up armes against the King to regaine to preserve their hereditary Rights and Liberties to be lawfull counterfeits the Seales of the Bishops and writes in their Names to all Nations That the English were all Apostaâ—es and whosoever would come to invade them hee by the Popes consent would conferre upon them all their Lands and Possossioâ—s But this device working no effect in regard they gave no credit to it and found it apparantly false the King seeing himselfe deserted of all and that those of the Barons part were innumerable cum tota Angliae Nobilitas in unum collecta quasi sub numero non cadebat writes Mathew Paris another argument of the justice of this cause and warre in their beliefes and consciences at last condescended to grant and confirme their Liberties which he did at Running-Meade in such sort as I have formerly related And though the Pope afterwards for his owne private ends and interest bribed by King Iohn who resigned his Kingdome to him and became his Vassall without his peoples consent which resignation was judged voide excommunicated the Barons withall their assistance Qui Iohaâ—nem illustrâ—m Regâ—m Anglorum Cruce signatum ET VASALLVM ROMANAE ECCLESIAE an honourable Title indeed for a King pers quuntur molientes ei Regâ—um auferre which this Pope him selfe did but few yeares before giving his Crown and Kingdome it selfe to King Phillip of France which to save he sordidly resigned up to the Pope quod ad Ronanam Ecclesiam dignosciâ—ur pertinere Yet this Excommunication thus procured by bribery proceeding not out of Conscience to preserve the Kings due Rights but selfe-respects to support the Popes usurped interest and Title to the Realme and being a wicked plot of the King more wickedly exâ—cuted by the Pope who as Matthew Paris writes was AD OMNIA SCELERA pro praemijs datis vâ—l promissis cereus proclivis and the Londonâ—rs Barons with divers Prelates then contemning it as pronounced upon false suggestions and especially for this cause that the ordering of temporall affaires belonged not to the Pope Cum Petro Apostolo ejus Successoribus non nisi Ecclesiasticarum
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coadjutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under paâ—ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gavâ—ston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainely rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatioâ— of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVâ— DESERVED HIS ROYALL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishâ—ps Abbots Priors Earles Barâ—ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time tâ— come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprâ—hended nor imprisoned impeached molâ—sted nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Iudges of the Kings Bench commanding that tâ—is grant and concord shall be firme and stable iâ— all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fiâ—mely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome if the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Letteâ—s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme for mis-councelling the king oppressing the people
by injustice advising him to lovie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome engrossing the Kings eare and usurâ—ing his Royall authority as ENEMIES of the King and OF HIS PEOPLE and by another Act of Parliament it was then provided that no man should be questioned for any felonies or trespasses committed in the prosecution of Hughâ—e de Sponsers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies and others in England Wales and in the Marches whereof some things may be said Trespasses and others felonies and the said Hugh and Hugh in the Parliament of our Lord the King sommoned at Westminster three weekes after the Nativitie of Saint Iohn Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite of the said Hugh and Hugh by reason of such causes of necessity cannot be legally redressed or punished without causing great trouble or perchance warre in the land which shall be worse and prayed our Lord that of all alliances trespasses and felonies they might be for ever acquitted for the preservation of peace the avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme there assembled by command of our Lord the King that none of what estate or condition soever he be for alliance at what time soever made by deed oath writing or in other manner nor for the taking occupying or detainer of Chattels towns Mannors Lands Tenements and goods taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme without punishment against the king or damages recovered against the party for the time aforesaid For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it which every one that would might sue out which Charter you may read in old Magna Charta From which Act of Parliament I shall observe these three things First that this their taking up Armes to apprehend the Spâ—â—seâ—s as enemies to the King and kingdom and marching with banners displayd was not then reputed high Treason or Rebellion against the King though it were by way of offence not of defence and without any authority of Parliament for there is not one word of Treason or Rebellion in this Act or in the Charter of pardon pursuing it and if it had beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitaâ—l crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige people and not on the two Spensers the sole delinquents were the occasion of this Act of oblivion and pardon not the Armed pursuing of them when they had gotten above the reach of Law Thirdly that though this were an offensive not defensive warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for the apprehension of such as have beene voted Traytors and Delinquents by Parliament and stand out in contempt against its justice for the defence of the Priviledges and Members of Parliament the Liberties and properties of the subject the fundamentall lawes of the Realme the Protestant Religion now indangered by Papists up in Armes in England and Ireland to extirpate it and the removing ill Counsellors from his Majestie to be no high Treason Rebellion or offence at all against the king but a just and lawful Act the very miscarriages wherof in the generall except in such disorderly Souldiers for whom martiall Law hath provided due punishments deserve a publike pardon both from King and Kingdome And to put this out of Question as no fancie of mine owne we have an expresse Act of Parliament resolving the taking up of Armes by the Queene Prince both but subjects and capable of High Treason in such a case as well as others the Nobles and people of the Realme against these two
in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he mâ—ght have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and perchance much â— lood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peaceably and to tell him the reason why you have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM Tâ—e Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament which we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane time dâ—feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on in the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in greâ—t Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall Seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rode and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocâ—ster Earles of Arunâ—ell and Warwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid â— As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Or 〈◊〉 and Stâ—blâ—sh that ' the said Duke of Glâ—câ—ster Earles of Darby Arundell Wâ—rwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses
Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of â—ll the Realme much more must our Parliaments present defensive warre against his Majesties 〈◊〉 Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuite Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronarion of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this perfidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guiâ—ed by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doe Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 8000. others were slaine on the kings part by the Duke of Yorke and his companions and the king in a manner defeated The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PVBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke anâ— these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull Lords and liege People of the King and that they might finally destroy the said lawfull Lords and Liege People and their Issues and Heires forever as now the Kings ill â—ounseilors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Letter of Sir Iohn Bâ—ooks giving advise to this purpose to his Majestie and this Assembly was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted
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
Chap. 35. 6. Fifthly the Scripture no where calls them kings much lesse the Text which terms them expresly Prophets Touch not mine Anointed and do MY PROPHETS not properly so taken but largely that is My servants my chosen people as Verse 6. expounds it no harm The later Clause Do my Prophets no harm being an exact interpretation of the former Touch not mine Anointed that is My Prophets and Servants so far forth as to do them harm For in a common sence no doubt they might be touched without offence to God or them by way of imbracement assistance and the like Sixtly Though there were kings in Abrahams dayes or before as is evident by Gen. 14. 1 2 c. yet there were no anointed kings nor were kings ever called Gods anointed till Sauls dayes who was the first anointed King I read of 1 Sam. 10. 1. and the first king ever stiled The Lords Anointed 1 Sam. 12. 3 5. whereas Priests were anointed long before Exodus 30. 30. Chap. 40. 13 15. Therefore Anointed in the Text cannot be meant of kings or of persons actually anointed but onely of those Saints of God who were metaphâ—rically and spiritually anointed having the gifts and graces of Gods Spirit Psal. 28 8 9. Hab. 3. 13. 2. Cor. 1. 21. 1 Iohn 2. 27. Eze. 16. 9. Isay 20. 27. This Text then being not meant of kings which are actually but of Christians onely spiritualy anointed in regard of which anointing as I have elsewhere largely manifested they are in Scripture not onely stiled Christians which in plain English is annoynted Acts 11. 26. c. 26. 26. 1 Pet. 4. 16. but Christ in the abstract 1 Cor. 12. 12. Ephes. 4. 12 13. the Members Body Flesh and Bones of Christ. 1 Cor. 12. 12 7. Ephes. 1. 22. 23. c. 5. 29 30 31. Col. 1. 24. Yea Kings and Priests unto God the Father Exod. 19. 6. 1 Pet. 2. 5. Revel 1. 6. c. 5. 10. c. 20. 6. for whom God hath prepared a heavenly Kingdom wherein they shall reign with Christ for ever with an everlasting Crown of glory too Matth. 5. 3. c. 25. 34. Luke 6. 20. c. 12. 32. c. 22. 29. 30. Col. 1. 13. 2 Thess. 2. 12. 1 Corinth 9. 25. 2 Tim. 2. 12. c. 4. 8. Heb. 12. 28. 2 Pet. 5. 4. 2 Pet. 1. 11. Iam. 2. 5. Revel 22. 5. The proper argument then that can be thence deduced by our Opposites is but this Nonsequitur Kings themselves must not touch Gods spiritually annointed Saints and servants to do them harm Ergo if Kings do violently and unjustly make warre upon them not onely to harm but plunder murther destroy them utterly extirpate that Religion they professe and are bound to maintain they are obliged in point of conscience under pain of damnation not to resist Whereas the conclusion should be directly contrary Therefore they may lawfully with good conscience resist them to the uttermost in such cases For since God hath thus directly enjoyned Kings Not to touch or do them harm if Kings will wilfully violate this injunction they may with safe conscience by forcâ— of Arms withstand repulse their unjust violence and hinder Kings or their instruments from doing them that iniury which God himself prohibits else they should be accessories to their kings iniustice and authors of their own wrongs according to these received Maximes Quinon pohibet malum quod potest jubet Qui potest obviare perturbare perversos non facit nihilest aliud quam favere eorum impietati Nec caret scrupulo societatis occultae qui manifesto facinori desinit obviare Qui definit obviare cum potest consentit used by Ambrose Hierome Augustine Isiodor Anastatius and Gratian who recites applies them to defensive wars And if our Opposites who pervert this Text by translating it from Subjects and Saints to Kings may in their erronious sence safely argue thence That if subiects take up Arms against their Princes contrary to this Text their Princes may by vertue of this precept iustly resist them with force and repulse their iniuries then by the true genuine sence thereof being meant of Subiects Saints not Kings if Kings will violently assault and make war upon Saints their Subiects to harm them they may with as good reason and conscience defend themselves against their Kings and ill Instruments as their Kings protect themselves in this sort against them and that by authoritie of this Text by our Opposites own argumentation Thirdly admit this Scripture meant of Kings yet what strâ—ngth is there in it to priviledge them from iust necessary resistance If any it must rest in the word annointed but this will afford kings no such corporall priviledges as many fancie neither from lawfull resistance nor deposition nor sentence of death it self which I shall undeniably evidence to refute a commonly received errour For first it is apparent that the anointed here meant are such onely who are spiritually annointed either with the externall profession and ceremonies of Gods true religion or with the internall graces of the Spirit for neither Abraham Isaac Iacob nor their families nor any kings or Priests in their dayes for ought we finde were corporally annointed Besides the annointing here intended is that which is common to Priests and Prophets as Touch not mine annointed and do my Prophets no harm infallibly proves rather then that which is peculiar to kings Whence I thus argue That annoinâ—ing which is common to subiects as well as kings and cannot secure any subiects who in the genuinesence of the Text are Gods annointed from iust resistance corporall violence legall censures or death cannot in or of it self alone secure kings from any of these no further then it secures subiects for the annoiting being the same in both must have the self-same operation and immunities in both But this anointing in subiects can neither exempt their persons from necessary iust resistance if they unlawfully assault or war upon their Superiours equalls inferiours nor free them from arrests imprisonments arraignments deprivations or capitall censures if they offend and demerit them as we all know by Scripture and experience Therefore it can transfer no such corporall immunities or exemptions from all or any of these to kings but onely exempt them from unlawfull violence and injuries in point of right so far forth as it doth other Subjects In a word this annointing being common to all Christians can give no speciall Prerogative to Kings but onely such as are common to all Subiects as they are Christians Secondly admit it be mean of an actuall externall anoynting yet that of it self affords Kings no greater priviledge then the inward unction of which it is a type neither can it priviledge them from just resistance or just corporall censures of all sorts First it cannot priviledge them from the iust assaults invasions resistance corporall punishments of other forraign kings Princes States Subiects not subordinate to them who upon any iust cause
his Souldiers and Abishaies minds who would have slain him without any scruple of conscience that the reasons he spared him were First because he was Gods Annointed that is specially designed and made King of Israel by Gods own election which no kings at this day are so this reason extends not so fully to them as to Saul Secondly Because he was his Father and Lord too and so it would have been deemed somewhat an unnaturall act in him Thirdly because it had â—avoured onely of private self-revenge and ambitious aspiring to the Crown before due time which became not David the quarrell being then not publike but particular betwixt him and David onely who was next to succeed him after his death Fourthly because by this his lenity he would convince reclaim Saul froÌ„ his bloody pursuit and cleare his innocency to the world Fifthly to evidence his dependence upon God and his speciall promise that he should enjoy the Crown after Saul by divine appointment and therefore he would not seem to usurp it by taking Sauls life violently away Most of which considerations faile in cases of publike defence and the present controversie Thirdly that Saul himselfe as well as Davids Souldiers conceived that David might with safe conscience have slain as well as spared him witnesse his words 1 Sam. 24. 17 18 19 Thou art more righteous then I for thou hast rewarded me good whereas I have rewarded thee evill And thou hast shewed me this day how thou hast dealt well with me for as much as when the Lord had delivered me into thine hand THOV KILLEDST ME NOT. For if a man finde his enemy WIL HE LET HIM GO WEL AWAY Wherefore the Lord reward thee good for that thou hast done unto me this day c. And in 1. Sam. 26. 21. Then said Saul I have sinned returne my sonne David for I will no more do thee harm because my sovle was precious in thine eyes this day behold I have played the fool exceedingly c. But the former answers are so satisfactory that I shall not pray in ayd from these much lesse from that evasion of Dr. Fern who makes this and all other Davids demeanors in standing out against Saul EXTRAORDINARY for he was annointed and designed by the Lord to succeed Saul and therefore he might also use all extraordinary wayes of safeguarding his person which like wise insinuaâ—es that this his scruple of conscience in sparing Sauls life was but extraordinary the rather because all his Souldiers and Abishai would have slain Saul without any such scruple and Saul himselfe conceived that any man else but David would have done it and so by consequence affirms that this his sparing of Saul is no wayes oblâ—gatory to other subjects but that they may lawfully in Davids case kill their Soveraigns But Davids resistance of Saul by a guard of men being only that ordinary way which all subjects in all ages have used in such cases and that which nature teacheth not onely men but all living creatures generally to use for their own defence and this evasion derogating exceedingly from the personall safety of Princes yea and exposing them to such perils as they have cause to con the Dr. small thanks for such a bad invention I shall reject it as the extraordinary fansie of the Dr. other loyalists void both of truth and loyalty The 7. Obiection out of the Old Testament is this 1 Sam. 8. 11. Samuel tells the people how they should be oppressed under kings yet all that violence and injustice that should be done unto them is no just cause of resistance for they have NO REMEDY LEFT THEM BVT CRYING TO THE LORD v. 18. And ye shall cry out in that day because of the King which ye shall have chosen you and the Lord will not hear you in that day To this I answer 1. that by the Doctors own confession this text of Samuel much urged by some of his fellows to prove an absolute divine Prerogative in Kings is quite contrary to their suggestion and meant onely of the oppression violence and inâ—uâ— not lawfull power of Kings which should cause them thus to cry out to God This truth we have clearly gained by this obiection for which some Royallists will renounce their champion 2. It is but a meer fallacie and absurdity not warranted by the Text which saith not that they shall onely cry out or that they shall use no remedy or resistance but crying out which had been materiall but barely ye shall cry out in that day c. Ergo they must and should onely crie out and not resist at all is a grosse Non-sequitur which Argument because much cryed up I shall demonstrate the palpable absurdity of it by many parallell instances First Every Christian is bound to pray for Kings and Magistrates 1 Tim. 2. 1 2. Ergo they must onely pray and not fight for them nor yeeld tribute or obedience to them Kings and their Subjects too are bound to crie out and pray to God against forraign enemies that come to war against them as Moses did against Pharaoh and his Host David against his enemies Hezekiah against Sennacherib and his Hoste Asa against his enemies Abijah and the men of Iudah against Ieroboam and the Israelites their enemies and as all Christians usually do against their enemies Yea I make no doubt but the Doctor and other Court-Chaplains inform his Majesty and the Cavalleers that they must cry to God against the Parliamenteers and Roundheads now in Arms to resist them Ergo they must onely pray but in no wise resist or fight against them All men must pray to God for their daily bread Ergo they must onely pray and not labour for it Sick persons must pray to God to restore their health Ergo they must take no Physick but onely pray All men are expresly commanded to crie and call upon God in the day of trouble Ergo they must use no meanes but prayer to free themselves from trouble pretty Logick Reason Divinity fitter for deriâ—ion then any serious Answer This is all this Text concludes and that grosly mistaken Speech of Saint Ambrose Christians weapons are Prayers and Tears of which anon in its due place In one word prayer no more excludes resistance then resistance prayer both of them may and sometimes when defence is necessary as now ought to concurre so that our Court Doctors may as well argue as some Prelates not long since did in word and deed Ministers ought to pray and Gods House is an Oratory for prayer Ergo they must not Preach atleast very seldom nor make his House an Auditory for Preaching Or as rationally reason from this Text That Subjects must cry out to God against their kings oppressions Ergo they must not petition their Kings much lesse complain to their Parliament for relief as conclude from thence Ergo they may in no case resist
the king or his invading Forces though they indeavour to subvert Religion Laws Liberties as the Doctor himself states the controversie whose arguments will hardly satisfie conscience being so voyd of reason â—ence yea science The eighth is this None of the Prophets in the old Testament reprehending the Kings of Israel and Iudah for their grosse Idolatry cruelty oppression did call upon the Elders of the people for the duty of resistance neither do we finde the people resisting or taking up Arms against any of their kings no not against Ahab or Manasseh upon any of these grounds Ergo resistance is unlawfull To which I must reply first That none of the Prophets did ever forbid resistance in such cases under pain of Damnation as our new Doctors do now Ergo it was lawfull because not prohibited Secondly that as none of the people werethen inhibited to resist so not dehorted from it therefore they might freely have done it had they had hearts and zeal to do it Thirdly Iosephus resolves expresly That by the very Law of God Deuter. 17. If the King did contrary to that Law multiply silver gold and horses to himself more then was fitting the Israelites might lawfully resist him and were bound to do it to preserve themselves from Tyrannie Therefore no doubt they might have lawfully resisted their Kings Idolatry cruelty oppressions Fourthly Hulderichus Zuinglius a famous Protestant Divine with others positively affirms That the Israelites might not onely lawfully resist but likewise depose their Kings for their wickednesses and Idolatries yea That all the people were justly punished by God because they removed not their flagitious idolatrous Kings and Princes out of their places which he proves by Ieâ—em 15. where after the four Plagues there recited the Prophet subjoynes the cause of them saying Verse 4. I will give them in fury to all the Kingdoms of the Earth that is I will stirre up in fury all the kings of the earth against them because of Manasseh the son of Hezekiah king of Iudah for that which he did in Ierusalem This Manasseh had committed many wickednesses by Idolatrie and the shedding of innocent blood as we may see in the one and twentieth Chapter of the second of the Kings for which evills the Lord grievously punished the people of Israel Manasseh shed over much innocent blood untill he had filled Ierusalem even to the mouth with his sins wherewith he made Iudah to sinne that it might do evill before the Lord Therefore because Manasseh King of Iudah did these most vile abominations above all that the Amorites had done before him and made the Land of Iudah to sin in his uncleanesse therefore thus saith the Lord God of Israel Behold I will bring evill upon Ierusalem and Iudah that whosever shall hear both his ears shall tingle c. In summe if the Iews had not thus permitted their King to be wicked WITHOVT PVNISMENT they had not been so grievously punished by God We ought to pull and cast away even our eye that offends so a hand and foot c. If the Israelites had thus DEPOSED Manasseh by consent and suffrages of all or the greatest part of the multitude they had not been so grievously punished of God So Zuinglius with whom even B. Bilson himself in some sort accords who in desending interpreting his opinion confesseth That it is a question among the Learned What Soveraigney the whole people of Israel had over their Kings confessing that the peoples rescuing Ionathan that he â—â—ed not when Saul would have put him to death Davids speech to the people when he purposed to reduce the Arke all the Congregations speech and carriage toward Rehoboam when they came to make him King with the peoples speech to Ieremy Thou shalt die the death have perswaded some and might lead Zuinglius to think that the people of Israel notwithstanding they called for a King yet RESERVED TO THEMSELVES SVFFICIENT AVTHORITY TO OVERRVLE THEIR KING IN THOSE THINGS WHICH SEEMED EXPEDIENT AND NEEDFVLL FOR THE PVBLIKE WELFARE else God would not punish the people for the kings iniquity which they must suffer and not redresse Which opinion if as Orthodox as these learned Divines and Iosephus averre it not onely quite ruines our Opposites Argument but their whole Treatises and cause at once But fiftly I answer that subiects not onely by command of Gods Prophets but of God himself and by his speciall approbation have taken up Arms against their Idolatrous Princes to ruine them and their Posterities A truth so apparent in Scripture that I wonder our purblinde Doctors discern it not For did not God himself notwithstanding his frequent conditionall promises to establish the Kingdom of Israel on David Solomon and their Posterity for Solomons grosse Idolatry occasioned by his Wives tell Solomon in expresse terms VVherefore 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 Did not the Prophet Abijah in pursuance hereof rending Ieroboams garment into twelve pieces tell him Thus saith the Lord the God of Israel behold I will rend the Kingdom out of the hand of Solomon and will give ten tribes to thee And I will take the Kingdom out of his sons hand and will give it unto thee even ten Tribes and I will take thee and thou shalt reign according to all that thy soul desireth and shalt be King over Israel and I will for this afflict the Seed of David Yea did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of Iesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David everafter and made Iereboam King over all Israel And doth not the Text directly affirm Wherefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a
Kingdom quite rent away from the very house of David yea a new King and kingdom erected by the People by Gods and his Prophets speciall direction and approbation for King Solomons Idolatry Who is such a stranger to the sacred Story but hath oft-times read how God anoynted Iehu King of purpose to extirpate and cut off the whole house of K. Ahab his Lard for his and Iezabels Idolatry and blood-shed in slaying the Prophets and unjustly executing Naboth for his Vineyard in performance whereof he sâ—ew his Soveraign King Ioram Ahaziah King of Iudah Queen Iezabel all Ahabs posterity his great men his Nobles and all the Priests and Worshippers of Baal till he left none remaining according to the word of the Lord which he spake by his servant Elijah a Kings c. 9. 10. For which good service the Lord said unto Iehu Because THOV HAST DONE WELL in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was IN MINE HEART thy children of the â— generation shall sit on the Thron of Israel This fact therefore of his thus specially commanded approved rewarded by God himself must needs be just and lawfull not Treason not Rebellion in Iehu unlesse the Opposites will charge God to be the author approver and rewarder oâ—fin of Treason Neither will it serve their turns to Reply that this was an extraordinary example not to be imitated without such a speciall commission from heaven as Iehu had and no man can now a dayes expect For since God hath frequently injoyned all grosse incorrigible Idolaters especially those who are nearest and dearest to and most potent to seduce us to be put to death without any pitty or exception of Kings whose examples are most pernicious and apt to corrupt the whole Nation as the presidents of the Idolatâ—ous kings of Israel and Iudah abundantly evidence if Kings become open professed Idolaters though private persons may not murther them and their families as Iehu yet the representative body or greater part of their Kingdoms as many Pious Divines affirm may lawfully convent depose if not judge them capitally for it and Gods putting zeal and courage into their hearts or exciting them by his faithfull Ministers to such a proceeding is a sufficient Divine Commission to satisfie Conscience if no sinister private ends but meer zeal of Gods glory and detestation of Idolatry be the onely Motives to such their proceedings Thus we read God stirred up Baachâ— exalted out of the dust and made him a Prince over the house of Israel who slew king Nadab and smote all the house of Jeroboam till he left him not any that breathed because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocation where with he provoked the Lord God of Israel to anger who going on after in Ieroboams sins God threatens to â—ut off all his house and make it like the house of Ieroboam which was actually executed by Zimri who slew his Soveraign King Elah son to Baacha With all the house of Baacha and left not one that pissed against the wall neither of his kinsfolks nor of his friends according to the word of the Lord which he spake against Baacha by Iehu the Prophet Which act of Zimri though a just judgement in regard of God on the family of Baacha for their Idolatry was notwithstanding reputed Treason in Zimri because he did it not out of Conscience or zeal against Idolatry being and continuing an Idolater himself but onely out of ambition to usurp the Crown without the peeples consent whereupon all the people made Omri King and then going all to the Royall Palace set it on fire and burnt Omri in it both for his sins Idolatries and Treason which he wrought We read expresly that after the time that Amaziah did turn away from following the Lord they for this conspired a conspiracie against him in Ierusalem and he fled to Lachish but they sent to Lachish after him and slew him there and they brought him upon horses and buried him with his fathers in the City of Iudah Then all the people of Iudah took Uzziah who was 16 years old and MADE HIM KING in the room of his father Amaziah and he did that which was right in the sight of the Lord. So Zachariah Shallum Pekahiah Pekah four evill Kings of Iudah successivly acquiring the Crown by murther and reigning evilly in Gods sight were all slain by Gods just judgement on them of one another and Hoshea In few words God himself ever annexed this condition to the Kings of Israel and Iudah that they should serve and fear him obey his Laws keep his Covenant otherwise if they did wickedly forsake him or commit idolatry he would destroy forsake and cast them and their seed off from being Kings When therefore they apparently violated the condition the whole State and people as Gods Instruments lawfully might and sometimes did by Gods speciall direction remov depose and sometimes put them even to death for their grosse iniquities and idolatries and when they did it not it was not as many think for want of lawfull Soveraign Authority remaining in the whole State and people as I shall fully manifest in the Appendix but out of a defect of zeal out of a generall complying with their Kings in their abominable idolatries and sins which brought War Captivity ruine both on their Kings their Posteritie the whole Nation and Kingdoms of Iudah and Israel as the Sacred Story plentifully relates All which considered this objection proves not onely false but fatall to the Obiectors cause who might with more discretion have forborn then forced such an answer to it which I hope and desire no private persons will abuse to iustifie any disloyalty sedition Treason Rebellion or taking up of Arms against their lawfull Princes though never so evill without the publike consent and authority of the representative bodies or major part of their severall Realms byassed with no sinister nor private respects but ayming onely at Gods glory and the publike weale security peace of Church and State Thus much in answer to the principall Objections out of the Old Testament The ninth and most materiall Obiection on which our Opposites principally relie is that noted Text in the new Testament Rom. 13. 1 2. Let every soul be subject unto the higher Powers for there is no Power but of God the Powers that be are Ordained of God Whosoever therefore resisteth the Power resisteth the Ordinance of God and they that resist shall receive to themselves damnation From whence Dr. Fern concludes 1. That the King is the Supreme or Highest Power here intended 2. That all persons under the Highest Power are expressely forbidden to resist 3. That in those dayes there was a standing and continuall great Senate which not long before had the Supreme Power in the Roman State and might challenge
all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop oâ— Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needserre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transceâ—ds my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceiye they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaâ—es 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are scut by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meer inconsequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressors who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meer non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants be subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill â—asters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free-borne subiects as all men know the one being under the arbitrary rule and government of their Masters the other only under the just setled legall Government of their Princes according to the Lawes of the Realme Sâ—condly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction â—een is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6 which bids us Honour the King bids 〈◊〉 first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or â—nvade their Estates to ruine them Since then inferiour Officers and other men may be forcâ—bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike aâ— I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or dare take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common
and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common safety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polmian Bohemian Danish Swedish Scâ—ttish with other Foraine Kingdomes yea in the Kingdomes of Iudah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw iust cause to censure suspend deprive them for their Tyranny viceâ— mis-government and sometimes capitally to proceed againâ—â— them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaâ—s Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliaâ—â— aiunt Regem nihil injuste facere pâ—sse quippe omnia 〈…〉 ipsos Tantumâ—◠〈◊〉 esse proprium quantum Regis Benignitas ei non â—â—lemeirt c. 〈…〉 Principes his similibus consiliis consiliariis facti sunt eaules miseri infames inhabile inse pâ—â—eritate sua amplius gubernandi Principisitaque Officium est ut non seâ—us curet subdiâ—os quam fidelis Pastor 〈…〉 conservet It is this tenth day of Iuly Ordered by the Committee of the House of Commons conâ—erning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lâ—â—â—es Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountâ—ble for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to fâ—atter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Iurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about thâ—m for a season sometimes for sundry yeares ere they can be perfectly drained and their bankes repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any bumane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through went of time and sundry interrupting Avocations then I desired wherein I have impartially according to my â—udgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affectâ—on as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long fore plotted conspiracies of Romish Priests and Iesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two muâ—h mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Iudges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in â—errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Iurisdictions Honours Profits and so may I. But this I dare with safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it In the meane time I trust I have here sufficiently discovered refuted many common impostures and erroneous grosse mistakes in Law Policy Divinity Antiquity which have in later ages beene generally
and upwards and to make them ready by the same day and to defray the charges of them as farre as was requisite and for the residue the Kings Counsell were to send them a summe of money for their aide but not as wages but of speciall grace and a Clerke was ordained to survey the charges of the Mariners of the West and of the Cinque-ports Num. 23. All the ships of Portsmouth and the West were to meet at Dartmouth at the day assigNed and the Earle of Arundell was assigned their Admirall And the ships of the Cinque-ports and the River of Thames were to meete assemble at Winchelse and the Earle of Huntindon appointed their Admirall and that all these ships should be ready by the middle of Lent Num. 19. The Admiralls of all parts were commanded to arrest all other ships that might passe the Seas for feare of being surprised by the enemies that 200. men sâ—ould man those to whom the smaller ships belonged to bring them into such havens where they might be safest from the Enemies Num. 15. Writs were directed to all Sheriffes of England to make Proclamation that all those who had Charters of pardon should repaire towards the Sea in the service of the King and at his wages by the middle of Lent upon paine of losing their Charters and being put to answer the things contained in them in case they should not goe Num. 16. It was accorded and assented in Parliament that Master Richard Talbot ordained to guard the Towne of Southampton which he had undertaken to doe should have a company of men at Armes and Archers at the Kings wages which he might increase if there were cause that he and they should have their wages paid them monethly from the second Sunday in Lent and so forwards whiles they continued in that Service that he should receive 200. pounds in money and 200. markes in Wooll in respect of his said service and to defray his ancient debts And he had power given him to assesse and levy monies upon the said Town towards its defence and if the Towne were not able to defray all the charge the King should ayde them for the residue Num. 18. The Bishop of Winchester the Prior of St. Swithin of Winchester and the Abbot of Winchester were commanded to have the people of their Manners next the Towne of Southhampton well aâ—med and arrayed that they might be ready to their power to defend the said town upon summons of the Guardians thereof that no perill might happen thereunto Num. 19. That two Pinaces one of Melbroke and the other belonging to Roger Normanâ— should be assigned to remaine in the port of Southampton at the appoiâ—tment of the said Mr. Richard for the safety theâ—eof Num. 20. All the Burgesses and Sea-men of the Town which had departed thence were ordered to goe and abide therein 〈◊〉 the defence thereof and of their owne possessions and in case they refuâ—ed that their Lands and Possessions should be seized into the Kings hands and the profits of their Lands which should be found elsewhere Num. 21. That a Commission should be made to Stephen Butterly and William Weston Serjeants at Armes to take Timber Bords and other things necessary for the safety of the said Towne at certaine prises upon endenture made between them and the owners of the said goods and that the King should pay or give them other satisfaction Num. 22. 23. That all the Armes Engines Ammunition Iron and Lead in the said Towne should be delivered to the Gardian of it by Indenture who should have the same power in all things within that Towne as the Earle of Warwicke had when he was Governour Num. 24. That the Sheriffe should have a Writ of attendance to be attendant on the said Mr. Richard with Victuals and all other things necessary for the safegard of the said Towne Num. 25. 26. 27. Certaine Merchants are appointed and take upon them to the Parliament to buy great proportions of Corne Peas Oates Hay and other proviâ—ions the quantities whereof are particularly expressed at certaine rates to victuall Barwicke the Castles of Edenburg and Strivelyn which Castles Mr. Thomas Rokeby Guardian thereof promised to keep till Saint Iohns day then next to come upon condition to receive his wages formerly due out of the first moneys granted to the King in this Parliament by a certaine day provided they shall carry no victuals to the enemies of the King and Realme and that they should be payd out of the first moneys arising out of the ayde granted to the King Num. 28. 29. The inhabitants of the â—sle of Wight were respited of the ayd granted to the King according as their good carriage should be during the war and it was agreed in Parliament that no Commandement nor Ordnance or license granted under the great or privy Seale to any of the said inhabitants bound to defend the said Isle should licence any to absent himself from it during the war unlesse it were for feare of disinheriting or other great necessity with which the Councell should be acquainted or upon in quests Num. 30. 31. Provides that the Castle of Caresbrâ—â— in the I le of Weight should be furnished with a certaâ—ne proportion of Wine Corn Peas Oâ—ts Hey Coles Iron Salt and that a Commission should be granted to Robert Vandalym Sheriffe of Southampton and to William of Kekenwich joyntly and severally to purvey and deliver the same provisions over by Indenture to the Constable of that Castle and a Writ directed to the Kings Botteller to deliver the Wines assigned to wit ten Tonne out of the Wines then in or which should first come into his hands Num. 32. Mr. Thomas Ferrers undertakes to the Parliament to send without delay a sufficient man to the Castle of Iernsey to survey she defaults and state of the said Castle to certifie the Councell fully of them and in the meane time to finde the wages of those remaining there in garrison to the summe of an hundred pounds and a Writ is directed to the Sheriffe of Southampton to furnish the said Thomas with a convenient quantity of Powder and Iron and other necessaries for the defence of that Castle And because Thomas Peyne one of the Jurates of that Isle was gone to the enemies contrary to a defence made that a Writ should issue to the Bayliffs and Jurates of the same Isle to choose another sufficient man in his place and to seize his Lands goods and Chattels into the Kings hands and answer the meesne profits of them Num. 34. dorso There is an exact Array or List of all the Captaines and men at Armes and archers under their severall commands for defence of the borders of Scotland amounting in all to 4715. Num. 35. Those of the Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
of the Parliament so that their grant and assent iâ— Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chaâ—â—â—ls c. in aide of the good keeping the Realme as well by Land as by Sea c. We your pâ—ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Pâ—eres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. And absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occassion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath prâ—mâ—sing amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oâ—thes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King fâ—iled in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18. E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to great them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le vâ—ult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assâ—ssement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est liciâ—um est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40. b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the
CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People deserting the King who had scarce seven Knights iâ— all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scatterâ—th abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to confiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King Iohn Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudenter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THE SAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposuerunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS cst AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all banished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Cornâ— the Oxen in the Ox-stalls the Horses in the stables the Sheep in the Sheep-cots they likewise burned Segrave the native soly of Stephen Iusticiar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemiâ—s to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by the mediation of timorous men be made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be
Denmarke Poland Sweden Scotland yea of Iudah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaements People who had not onâ—y a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernmenâ— With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exerbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back the forecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though suddenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Iudah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings or Princes persons I shall begin with the Roman State as having much affinity with ours which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest and richest quality he stiled Senators making them a Court of Counsell and Iustice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the nighttime and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that left they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI â— JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the peoples command consent and approbation was made King which Livy thus expresseth Tullum Hostilium REGEM POPULUS JUSSIT patres auctores facti After him the people created Ancus Martius King Regem POPULUS CREAVIT patres fuêre auctores After him
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haeredit arium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answerâ— That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempest fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinks yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene our selves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there wereof mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authorities without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowned descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Paliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Sâ—eward to offer the King Liberty so as he would resign all the right she pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is
that would change the Government of the Estate as if the King were not capable of the Government Pleasant people which reject so much the word of lawfull tutelage and yet usurped it against the Lawes and Orders of the Realme holding it onely by tyranny After this they cast many slanders on the Protestants put Anne du Burge and other Councellours of Parliament to death pistoll Anthony Minard president of the Parliament publish sundry Edicts against those of the reformed Religion promise great recompences to those that discover their assemblies fill their prisons with them imploy ayre fire and water to ruine them and kept the king from hearing his Subjects complaints The princes were kept backe the greatest of the Realme out of credit threatned and secretly pursued to death the convocation of the Estates refused the parliaments corrupted the Judges for the most part at the Guisians devotion and the publike treasure offices and benefices given to whom they pleased This their violent government against the lawes and orders of the Realme purchased them wonderfull hatred and caused many which could no longer endure these oppressions to consult VPON SOME IVST DEFENCE to the end they might preserve the just and ancient Government of the Realme They demand advice TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES who resolved THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES against the government which the house of Guise had usurped AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLECE so as the Princes who in the case are born Magistrates or some one of them would undertake it being required by the Estates of the Realme or by the sounder part of them They who first thought of this Act of consequence had severall considerations Some moved with a true zeale to serve God the King and Realme thought they could not doe a greater worke of pietie then to abolish Tyrannie rescue the State and to finde some meanes to ease them of the Religion There were others desirous of change and some were thrust on with hatred for the wrongs which the house of Guisâ— had done them their kinsmen and friends yet all had one designe to suppresse this unlawfull government In these consultations it was held necessary to seize on the Duke of Guise and the Cardinall his brother being advowed by one chiefe member of the State and then to require an assembly of the Three Estates to the end they might yeeld an account of their Government provide for the King and Realm After which they make the Prince of Conde acquainted with this their designe engage him in this quarrel which being discovered produced a long bloody civill war against the Protestants under this and the two succeeding Kings in which warre those that died departed this world with this singular content to have couragiously sacrificed their lives for their countries libertie So the generally History of France in which and in Richard Dinothus you may read at large both the History and the lawfulnesse of this defensive warre overtedious to transcribe Francis dying the Crowne descended to Charles the ninth being but eleven yeares of age and a Parliament of the Estates being assembled on the three and twentieth days of December 1560. The Queene Mother was thereby allowed and confirmed Regent during the Kings minority In severall Parliaments contradictory Acts are made some restraining others granting the free exercise of the Reformed Religion thorowout the Realme The Guisian Popish faction being the strongest party most powerfull at Court and intimatest with the King notwithstanding all Acts for the Protestants immunitie and libertie of conscience impose divers illegall restraints upon them commit many outrages and massacres on them for which they could have no redresse whereupon for their own defence and preservation after many fruitlesse Petitions delusory promises they take up Arms whereupon many bloody civill wars ensue Many propositions and overtures of Peace were made by the Guisian royall party not one of them reall but all to get advantages and over-reach the Protestants against whom they had the most mischievous designes in agitation when they seemed most earnestly to desire Peace Four or five severall conclusions of Peace were solemnly made and ratified betweene them but no sooner made and proclaimed but presently violated of the King and Popish party by massacres and new treacherous Plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody warre almost to the utter ruine of France In the yeare 1592. when a publicke peace was made and all differences to outward appearance buried in eternall oblivion the King contrary to his faith and oath caused the Admirall of France the Protestants chiefe pillar as he departed from the Councell to dinner to be shot with a Harguebuze which carried away the forefinger of his right hand and wounded him in the left arme The king to colour this treachery sweares with an execration to the King of Navarre and others who complained of this outrage to take such exemplary punishment on the offendors as the Admirall and his friends should have cause to rest satisfied commands them to be pursued appoints three of the Parliament to make information against them protests after this again and again to be exceeding sorry that this act touched his honour that he will be revenged for it so as the memory thereof should remaine for ever writes to the governours of the Provinces chiefe Townes and Magistrates That he would take such order as the Authors of so wicked an act should be knowne and punished And to his Ambassdours to forraigne Princes That they should make it knowne to all the world that this outrage did displease him And for the Admirals safetie he commands the Captaines of his Guards to give him as many of his Guard as he pleased to suffer no Papist to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was onely to keep every Bird within his owne nest and a Pitfall to entrap the chiefe of the Protestants For the same day after dinner the King and Queene Mother the Duke of Guise and others take counsell to murther the Admirall and all the chiefe Protestants the night ensuing not onely in Paris but thorowout all France whiles they were sleeping in their beds Which most tyrannicall barbarous Tragedie was accordingly acted the Admirall slain in his lodging and his head cut off carryed to the King and Queen Mother who causing it to be embalmed sent it to the Pope and Cardinall of Lorrain for an assurance of the death of their most capitall enemy all the Protestants Noblemen and Gentlemen lodging in the Admiralls Qâ—arter undergoe the like Butchery the Streets of Paris are strewed with Carkases the pavements market places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season 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
next right heires of the Royall Stock for all which particulars he gives sundry instances in the Kingdomes of Spaine as in Berengaria Blanch the Mother of Lewes of France Ferdinand Sancho the younger sonne of Alfonso Henry the Bastard Iohn King of Portugall Fardinand and Iohn the 2. of Aragon c. corluding That if the King degenerate into a Tirant by subverting Religion Lawes Liberties oppressing murthering or deflowring his subjects the whole Kingdome may not onely question admonish and reprehend him but in case he prove incorrigible after admonition deprive him and substitute another in his place which saith he hath been done more then once in Spain Thus King Peter was publikely rejected for his cruelty to his subjects and Henry his Brother though of an unclean Mother obtained the Crowne so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages and Alphanso his Brother though but a yong child proclaimed King After his death Elizabeth Henry his sister had the chiefe government of the Realmâ— leaving Henry And for a conclusion he addes That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State if there be no hopes of amendnent may not onely be deposed but put to death and murthered by the whole State or any particular persons by their appointment yea without it a note somewhat above Ela if he be declared a publike enemy by the whole state and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny he writes That then in such a case it is lawfull for any private man to murther him to free the Countrey and Kingdome from destruction Adding that it is a wholsome meditation for Princes to be perswaded that if they oppresse the Common-wealth if they become intollerable thorow vices and filthinesse that they live in such a condition that they may not onely be slaine of right but with laud and glory Peradventure this feare will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers and cast bridles upon their fury That which is the chiefe let the Prince bee perswaded that the authority of the whole Common-wealth is greater then his being but one neither let him beleeve the worst of men affirming the contrary for to gratifie him which is very pernicious All these positions of Mariana however other Kings and Kingdomes may relish them especially the last touching private Subjects which few can approve the Parliaments of France doing publike execution on this Book as they had just cause for extolling and justifying the barbaroâ—s murther of their King Henry the 3. by James Clement a Dominican Frier l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine and the Emperour of Germany in whose Kingdomes they passe for currant coyne the most dangerous of them being seconded not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis Iohannis Pistorius Hispaniae Illustratae c. and other Spanish Historians collected by him but likewise by Alvarius Pelagius Cardinall Tolet Capistranus Dominicus Bannes Franciscus Victoria Simancha Patensis Gregory de Valentia Suarez the Doctors of Salamancha Becanus Bellarmine with other Spanish Iesuites Writers who most hereâ—ically affirme That even the Pope alone either with or without a Councâ—ll for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure despose kill or murther any Christian Princes depose them from their thrones dispose of their Crownes to others at their pleasures absolve their subjects wholly from their allegeance and give subjects power to rise up in armes against and murther them by open force or secret treachery which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes then to attribute such a power not to any particular persons but to their own whole Kingdomes and Parliaments onely who being many in number of the same Nation and Religion with and having many dependances on and many engagements by oath duty favours benefits to their Princes lesse malice against them judging onely according to the fundamentall Lawes of the Realme and former presidents of their Anâ—cestors and aiming at nothing but their Kingdomes saâ—ety are like to be more just indifferent Iudges of their Princes actions when questioned then the Pope a meer enemy and forraigner who proceeds by no other authority but what he hath unjustly usurped from Kings and by no other rules but his owne will pride malice honour or profit I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctrine approved by themselves professed by their eminentest Wriâ—ers I shall now procced to Historicall examples to confirme it in point of practise Ordogno the 14. king of Castile summoned 4. Earles of Castile to appeare before him who refused to goe to the warres against the Saracens promising them safe conduct notwithstanding he commanded them to be apprehended imprisoned and slâ—in for whâ—ch bloody Treachery those of Castile rebelled against him rejecting his government and providing for the â—afety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Indices statuerunt c. They elected two prudent Knights of their owne to be their Magistrates and Iudges to governe them to manage their warres and administer justice to them the one was named Flâ—vius Calvus the other Nunius surnamed de Rasura whose Son Gâ—ndesalvus after his Fathers death was substituted in his place made Generall of the Militia Principatum Militiae addiderunt and his son after him tam à Magnatibus Militibus quam AB VNIVERSIS POPVLIS CASTE LANIS made Earle of Castile and all submitted themselves to his government rejecting the Dominion both of Ordogno and his brother King Froila after him for their tyranny and treachery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelâ—ies was by the practise of his owne Queen Semena and his other sonnes and Nobles so prosecuted and put to such streights that they enforced him to resigâ— his Crown to his sonne Garcias and to deprive him â—elfe of his gâ—uernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to râ—ise and grant him an Army to goe against the Sâ—razens who condescending thereto hee gained a glorious Victory ouâ—r them and so dyed Alphonso sonne of Ordâ—gno King of Castile after 5. yeers reigne out of levity rather then Religion resigned his Crown to Ramire his younger Brother and then turnd Monk about the yeer 939 but not long after casting off his Coul leaving his Monastery he â—egan to â—aise forces and to aspire to the Crown again which he
pursuit where of they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupâ—rt Cardinall of â—aint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacâ—obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conqâ—ered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperours whereof we may read the Glosse upon the Chapter Adrianus Papa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly desend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the chargâ—s of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnâ—sh so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pursuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grievously offended Thus those good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Naâ—arre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were â—oo young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so farre provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shat them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the nexâ— day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—in honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Borta elected Ramier a Monke brother to king Alphonso for their King who was much derided of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remiâ—es their King of Navarre and so the Realmes of Arragon and Navarre which had been uâ—ited 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost hâ—s sences Aâ—no 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Text upon the people whereto the Nobâ—litie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infâ—inge their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their lives Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they
concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the king Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Asphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonorahis Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Housâ—s at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house heat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217 yet this his casuall death for ought I finde was neither râ—puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was procâ—aimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up tâ— her sonne Fernand About this time the Moorâ—s in Spain rejected the Miralumims of Aâ—rick and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues awarre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimoniall promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being some what pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Gâ—rone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into GaÌ„llicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into
Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was confirmed by the Estates held at Huesca And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarrâ— as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme in the States had approved yet divers knights and the Inhabitants of the Borough of Sâ— â—â—rmin of Pampelone disallowed this homage this peace and would not subscribe to it as tending to the kings dishonour whereupon the king did punish them by sines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their Fâ—nes to be restored Alphonso the 3. fifth King of Porâ—â—gall putting away his 〈◊〉 wife Mahauis without cause after he had children by her and marrying 〈◊〉 hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10 or â—â— yeerspace continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers 〈◊〉 concerning the Crown Lands and setling of Portions for the King of Aâ—ragons younger children moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining that their King Iames did bâ—â—ake 〈◊〉 made many Leagues and Factions This matter being debated 〈…〉 Saragossa and then at Exea in the yeare 1265. for pacifying these troubles they enacted That no honours nor military fees should be given to any but to Gentlemen of race and born in the Countrey That no Gentleman should be subject to the 〈◊〉 of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Maâ—or of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as are coâ—peace of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno. 1274. Iames King of Arragon comming to the Councell of Lions desirous thereto be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to dâ—base the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall Tumults in Arragon the Nobility opposing themselves against the King for composing which differences the Estates of Arragon assembled in Parliament at Exea where king Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Catteloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage it ought to the King of â—eon who thinking it would be taken ill by the Noblemen his Subjects advised the infant to propound it in an open Assembly called to that end The opinion of Don Nugno de Lara was that by no meanes he should diminish the authority and greatnesse of his Crown which he should doc if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile For which prodigality the other Nobles and D. Nugno were so much discontented that they made a League with the King of Granado against their own King for dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were very young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers
the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphâ—nso Don Pedro his brother assembled the Estates at Saragossa to consult left the State in his absence would receive some prejudice where James arriving having first 〈◊〉 and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principalâ—ty of Catelone the which from that time should not for any occasion he disunited In which assembly Don Iames eldest son to the Crown being ready to mary Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a â—ow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Marry his Protectresse he had two competitors to the Crown Alphonso de la Cede and Don Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Mâ—dina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency therebeing great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Marry Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estates goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects of times successively took up defensive armes against him his Tyranny augmenting their obstinacy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles which they beseeched him to confirme promising for their part that this should be their last Assembly and that the name and effect of their Brotherhood should remain for ever extinct and the Province be for ever united to the Crown of Castile if he would confirme those Articles to them being 17. in number which he did The chiefe were these That the King nor his Successors should not alien any place of his Demesnes That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore That they and others of the Countrey should be governed according to the customes and rights of Soportilla And that divers Townes and Villages therein specified should be free from all Tributes and Impositions About the yeer 1309. Mahumet King of Granado becomming casually blind was soon after deposed by his own Brother and the great men of his Realme who were discontented and disliked to be governed by a blind King who could not lead them to the warres in pâ—rson Which Kingdome went by Election commonly as is evident by his three next successours and Mahumet the sixth King of Granado Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone where he sware to observe the Lawes and Rights of the Realme After which Anno 1315. Philip
forced Mary and her Mother to resigne their rights to the Crowne and crowned Charles King at Alba Regalis When he was crowned the Bishop of Strigonium according to the custome demanded of the people thrice with alowd voyce Whether if were their pleasure that Charles should be crowned King who answered Yes which done he was crowned and soone after murthered by the two Queenes treachery Who were shortly after taken prisoners by Iohn de Hornach governour of Croatiaâ— the Queen Mother Elizabeth drowned Queen Mary kept prisoner and at last released upon oath given not to revenge her Mothers death who contrary to her oath caused Hornach and 32. Nobles more to be beheaded by Sigismond her husband whose kindâ—ed and children thereupon conspired against King Sigismond tooke and detained him prisoner Anno. 1401. till they should proceeds further against him and in the meane time the Nobles of Hungary elected Ladislaus King of Apulia for their King and at last deposed Sigismond for his misgovernment cruelty love of women After Sigismonds death the Nobles and people were divided in the choise of their King one part electing and crowning Vladislaus King of Poland the other party Ladislaus an infant for their King but Vladislaus his party prevailing he was not long after â—laine in a battle against the Turkes and the government of the Realme committed to that Noble Souldier Huniades during the Minority of Ladislaus who at his ripe age was received and declared King by all the Hungarians Ladislaus deceasing the Hungarians elected the Emperour Frederick King who delaying to come and take the election they thereupon chose Mathias King who enjoyed the dignity notwithstanding the Emperours opposition Anno. 1608. Mathias King of Hungary denyed the Protestants in Austria free exercise of their Religion they thereupon were forced to take up Armes and assembling together at Honne made a Protestation and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league after which they obtained a peace and part of what they demanded Anno 1613. In an Assembly of the Estates of Hungary the differences concerning the defence and Militia in the borders of Hungary against the Turke were ordered and setled And An. 1618. After many slow proceedings they elected Ferdinand of Bohemia for their King of Hungary but with these conditions That he should Religiously observe and cause to be immovably observed all the Liberties Immunities Priviledges Statutes Rights and Customes of the Kingdome with the Conclusions and Treaties of Vienna and all the Articles comprehended therein and all other concluded both before and after the Coronation of the Emperours Majestie in the yeares 1608. and 1609. Which Articles being ratified by the Emperour under his Letters Patents they proceeded to the Coronation according to the accustomed manner Such is the Soveraigne power of the States of Hungary to this very day And in one word so odious were Tyrants anciently to the Slavonians and Hungarians that by a publick Law of their Ancestors he who slew a Tyrannicall King was to succeede him in the Kingdome Bohemia For the Kings and Kingdome of Bohemia M. Paulus Stranskins in his Respublica Boâ—emiae c. 5. 12. informes us out of the Fundamentall Lawes of Bohemiae That the power of the Kings of Bohemia who are Elected by the generall Votes of the States is so farre restrained in that Realme that they can determine nothing concerning the Kingdome or great Affaires of the Realme but in their Parliaments or generall Assemblies of the Estates by the generall consent of the people which are Summoned by the king himselfe and held just like our Parliaments in the kings Regency and during the Interregnum by the Senate of the Realme as often as there is occasion there being this claâ—se in the Writ of Summons That whether all those who are sommoned come at the day or not the king with those who appeare will proceed to decree wâ—at shall be just and bâ—neficall for the Republicke and that those who neglect to appeare shall be bound thereby all Lawes and Acts are therein passed by publicke consent The King cannot alien or morgage any of the Crown Lands nor release not diminish the revenueâ— Liberties of the Realm nor promote any strangers to the custodies of Castles or publicke functions impose no Taxes charges nor altar the ancient manner of the Militia of the Realm nor make warre or peace without the Parliaments advise and consent And before the king is Crowned the Burgrâ—ve and Nobles in the Name of all the Realme demand of him to confirm and ratifie both with his especiall Charter and publick Oath the Ancient and laudable Priviledges Immunities Liberties Rights Laws Customes and Institutions as well private as publicke of all and singular the inhabitants of the Realme and to governe them according to the rule of the Lawes after the example of his predecessors kings of Bohemiâ— Which done he seales and delivers them a speciall Charter takes such a solemne Oath and then is Crowned upon these Conditions The Arch-bishop of Prague after the Letany ended demands of the king kneeling on his knees Wilt thou keepe the holy faith delivered to thee from Catholiok men and observe it in just workes He answering I will He proccedes and saith With thou Governe and defend the Kingdome granted thee from God according to the Iustice of thy Fathers He answeres I will and by Gods Assistance promise that I will doe and performed it by all meanes After this kneeling on his knees the Arch-bishop holding the New Testament open and the Burgrave reading the words first the king takes this Oath in the Bohemian tongue We sweare to God the mother of God and all Saints upon this holy Gospell that we will and ought to keepe immovably to the Barons Knights and Nobles also to those of Prague and the other Cities and to all the Commâ—nalty of the Realme of Bohemia the Institutions Lawes Priviledges Exemptions Liberties and Rights and also the ancient good and laudable customes of the Realme and not to alienate or morgage any thing from the same Kingdome of Bohemia but rather to our power to augment and enlarge it and to â—oe all things which may be good and honourable to that Kingdome So helpe me God touching the booke with two of the fingers of his right hand and all Saints The Kings of Navarre take the like Oath How this Realme hath beene altered from a Principality to a Dukedome and from it againe to a Kingdome having sometimes Kings sometimes Dukes both elected by the free choyse of the Estates to whom they were inferiour in Soveraigne power accountable for their â—â—is-government and removeable from their Throne you may read in the marginall Authors Not to mention the Bohemians deposition of Libussa a Noble Virago who governed then for a season reputing it a dishonour to the Nation to be ruled by a woman and electing Przemysâ—â—s for their Prince
their deposition and banishment of Prince Borzinogius because he become a Christian and renounced their Pagan Religion though they afterwards twice restored him Of Boleslaus Rufus 〈◊〉 Borzinogius the 2. thrice deposed banished by the Nobles and people or â—obeislaus and other Princes Wladislaus first King of Bohemia in his old age by the assent of the Estates associated his sonne Fredâ—rick Anno 1173 with him in the Regality Henry King of Bohemia using the Councell of the Germans rather then the Bohemians and looking more after his owne private gaine then the Kingdomes was deposed in a generall Assembly â—f the Estates Anno 1310. and the sonne of the Emperour Henry the 7 th chosen King upon this condition if he would marry the youngest daughter of King Wenceslaus King Wenceslaus the drunken for his drunkennesse neglâ—gence and cruelty was twice imprisoned and severely handled by his Nobles and upon promise of amendment restored to his liberty and dignity in his and Sigismond his successors raigns Zizca and the Taborites in defence of their Religion against the Popish party who most unjustly against their promise and safe conduct caused Iohn Hus and Ierome of Prague to be put to death waged great warres and obtained many victories against the King and Emperour and gained free liberty of professing their religion publickely much against the Popes good will which liberty they have ever since maintained by the sword both against the Popish Emperours and Kings by meanes of which civill wars the kingdome suffered some Interregnums During the Minority of king c Ladislaus Anno 1439. this kingdome was governed by two Presidents appointed by the Estates Anno 1611. the Emperour Rodulph being willing to settle the kingdome of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose the Estates thereupon drew many Articles which Matthias was to sweare to before his Coronation with 49. Articles of complaints and grievances for which they craved redresse and the inhabitants of Pragne required the confirmation of 8. Articles which concerned the private Government of their City All which the Emperour and Matthias were constrained to Grant and sweare to before they would admit Matthias to be their King who had nothing in a manner but the Title some of the flowers of the liberty of the Crowne being parted with by his assenting the these Articles Anno 1617. Matthias resigning the Crowne of Bohemia and renouncing his right thereunto recommended Ferdinand Arch-Duke of Austria to them or his successour The States would not admit him king but upon Conditions the which if he should infringe The States should not be bound to yeeld him Obedience Moreover it was added That he should confirm to the States before his Coronation to maintaine all the Priviledges Charters Immunities Municipall Rights Constitutions and Customes of the Realme and people as the Emperour and his predecessors had done by his Oath and Charter in Writing All which assented to he was proclaimed and crowned king Soone after the Arch-bishop of Praguâ— causing some of the Protestant Churches to be ruined and those who complained of it to be put in prison and plotting the extirpation of the Protestand Religion through the Iâ—suâ—tes instigation contrary to their Liberties and the Provinciall constitution hereupon the Protestant States of Bohemia assembled at Prague fortified the Towne binding the three Townes of Prague to them by an Oath entred into a solemne League promising to fight against the Common enemies of God the King and Religion and in that cause to live and dye to which end they levyed a great Army banishing the Jâ—suites out of Bohemiâ— as the Authors of all the miseries which had hapned in that Realme and many other Realmes and States of Christendome and inciting murderes to kill Kings who would not live after their manner and medling with affaires of State and who had drawne the whole Country into the hands of certaine perfidious Catholickes by whose practises the Country was in danger of ruine For which causes they banished them for ever out of the Realme of Bohemia enjoying them to depart within 8. dayes never to returne After this the Protestants hearing that the Emperour and 〈◊〉 party raised Forces against them possessed themselves of many Townes and places within the Realme and raised two Armies All the Protestant Princes and States of Germany Morauia and Sâ—lesia except the Elector of Saxony assisted them with men money or Councell publishing a Declaration to justifie their action being for the Common cause of Religion then endangered The Prince of Oranges and States of the united Provinces promised them assistance of men and money other Protestant Princes and the Protestant States of Lower Austria did the like The Protestant Armies after this had many victorious incounters with the Imperialists and Popish Forces and took many Towns King Ferdinand in the meane time being newly chosen Emperour the States of Bohemia being assembled together at Prague which the Deputies of the incorporated Provinces Anno. 1619. Concluded and protested by Oath never to acknowledge Ferdinaâ—d for their King who had violated his first Covenants resolving to proceede to a new Election and on the 26. of August Elected Fredericke the Prince Elector Palatine of Rhine to be their King who accepted the dignity was afterward Crowned king accordingly After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand their Election of Frederick and his Title to be just and lawfull with their preceedent and subsequent warres in defence of Religion Yea Fredericke himselfe by sundry Declarations maintained his own Title and the lawfulnes of these wars which passages and proceedings being yet fresh in memory and at large related by Grimston in his Imperiall History I shall forbear to mention them By this briefe account you may easily discerne the Soveraigne power of the Realm and States of Bohemia over their kings and Princes most of the great Offices of which Realme are hereditary and not disposable by the king but States who Elect their Kings themselves and their greatest Officer too Polanâ— For the Kings and Kingdome of Poland Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae informes us that the Princes and Dukes of Poland before it was advanced unto a Kingdome and the Kings of it ever since it became a Realme were alwaies elected by the chiefest Nobles and States unanimous suffrages That after the Kings of Poland became Christians their power began to be more restrained then it was at first the Clergy being wholly exempt from their royall Iurisdiction That the king cannot judge of the life or fame of a knight unlesse in some speciall cases without it be in the assembly of the Estates with the Senate not yet publickly make Warre or Peace with any nor impose Taxes or Tributes or new Customes nor alienate any of the goods of the Realme nor yet doe or decree any greater thing pertaining to the
Common-wealth without the Senates or Parliaments assent Neither can hee make new Lawes nor publickly command money in an extraordinary manner nor coine money nor nominate a Successor not with the Senate without the consent of the Nobility whether of Knights or Gentlemens Order By or out of whom all publicke Magistrates and Senators almost are chosen so as now the summe or cheifest power of the Republicke is residing in them So that the Kingdome and Republicke of the Polonians doth not much differ in reason from that of the Lecedae â—onians in ancient times and of the Venetians now An Oath is exacted of the new King when he is crowned to this effect That he shall raigne according to the Lawes and institutes of his Predecessors and will safely conserve to every order and man his right priviledge and benefit confirmed by former Kings nor will he diminish any of the borders or goods of the Realme but will according to his power recover those that are lost from others After all which the Senate sweare fealty to him c. The Revenues Tributes and Customes of the king are all reduced to a certainty the Nobles Clergie are exempted from Taxes The King by the Lawes of King Alexander is prohibed to alien to any one the Lands of the Crowne No new Lawes can be made nor old ones repealed but by the king Senate and Nobles assembled in Parliament And because there is wont to be in highest power a slippery and ready degree to Tyrannie certaine Senators and Councellours are adjoyned to the King who may direct his Councells And Actions to the safety of the Common-wealth and his judgements according to the Rule of justice and equitie and with their wholsome monitions and Councells may as there shall be occasion as it were with certaine living Lawes both informe his minde and moderate his power This Royall Senaâ—e much greater now then in times past consists of a certaine number of men wâ—ich wee call the Senators or Councellours of the REALME who are not admitted to the Councell without an Oath and this Office is perpetuall during life having certaine Honours and Magistracies thereto annexed partly Ecclesiasticall partly Civill It consists of 96. persons in all some of them Bishops others Palatines Knights Castellanes and other Officers of the Realme The Chancellor of the Realme may sâ—gne many things without the Kings Privitie and may deny to seale those things which are contrary to Law though the king command them Most of the great Officers and Magistrates are chosen in Parliament and cannot be displaced but in Parliament and that for some great offence Their Parliaments or Generall Assemblies of the States are held much like ours once every yeare at least and some times every fift or sixth moneth if there be occasion and then they are kept constantly at one place to wit at Petâ—icow or Warsavia in the midst of the Kingdome unlesse it be upon some extraordinary just occasion and then the king by advice of this Councel may sommon the Parliament at another place It is provided by a Law within these 20 yeares That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell and that the Nobles as oft as there is occasion shall at their owne costs without wages defend the borders of the Realme yet not without the King unlesse it be during the Interregnum but they may not be compelled to goe out of the Realme to any Forraigne warre without wages the Souldiers wages are reduced to a certainety and asseased by publicke consent in Parliament which Orders all Military and Civill Affaires So Cromerus For their carriage towards their ill Kings I shall give you onely a short account Miesco their second King being unfit to governe a man given wholly to his belly ease sleepe pleasure and governed by his Queene thereupon most of his subjects revolted from him and he dying the Polonians at first for many yeares refused to chuse Cazimirus his Son King least he should follow his fathers steps till at last after a long Interregnum when he had turned Monke they elected him King Bolestaus his sonne a man of a dissolute life given to lust and the pest of the Realme was excommunicated by the Bishop of Cracow for his wickednes for which cause he slew him Whereupon the Pope deprived him and Poland of the Crowne and absolved his Subjects from their obedience to him who expelled and forced him to flee out of the Realme into Hungary where he became mad and died Myâ—zlaus the 10. King of Poland exercising tyranny every where upon his people by reason of his power and allies was deposed by his subjects and Cazimirus elected King in his stead He was three or foure times deposed and put by the Crowne Boleslaus who succeeded Henry was deprived of the Monarchy Henry was surprised and most strictly imprisoned Boleslaus was slaine by his Nobles and Vladisiaus Locktect elected King in his stead ravishing virgins Matrons and not reforming things according to promise the Nobles hereupon assembling together An. 1300. abrogated his election as pernicious and chose Wenceslaus King of Bohemia King in his place And not to recite more ancient histories of such like nature King Henry the third of Poland was elected and sworne King upon conditions Which he was to performe Anno 1574. After which he secretly departing out of Poland without the assent of the Nobles to take possession of the Crowne of France within 3. monthes after his Coronation in Poland the Polonians sent Messergers after him to Ferrara Iune 16. 1574. who denounced to him that unlesse he returned into Poland before the 12 of May following they would depose him and elect another King Which he neglecting they in a generall assembly of the Estates at Waâ—saâ—ia deprived him of the Crowne and elected a new King the Chancellor and greatest part of the Counsellers elected Maximilian the Emperoâ—r Some others with the greater part of the Nobility desiring to have one of the Polish blood elected Anne sister of their deceased King Sigismund giving her for husband Stephen Battery Prince of Transylvania and proclaimed him King The Emperour making mary delayes Stephen in the meane time enters Poland marrieth Anne and is crowned King by generall consent Febrâ—ary 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles I Stephen by the grace of God elected King of Poland great Duke of Lithuania c. promise and sacredly sweare to Almighty God vpon these holy Evangelists of Iesus Christ that I will hold observe defâ—rd and fulfill in all conditions articles and points therein expressed all Rights Liberties Securitus priâ—â—â—â—dges publike and private not contrary to the common Law and Liberties of both Nations justly and lawfully given and granted to the Ecclesiastickes and sâ—culars Churches Princes Barons Nobles Citizens in hâ—bitaâ—ts and any other persons of what state and condition so ever by my goâ—ly
18. 1. c. 19. 1. c. 21. throughout with the Books of Ezra Nehemiah Iudges Esther Maccabees the four Euangelists touching Christs arraignment and death Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Iosephus Philo Paul Eber Godwin Cunaeus â—igonius BertraÌ„ or any others who have written of the Jewish Antiquities or Republike he could not have had the impudency to have published such grosse untruths and should have found not onely divers kings in Scripture created by the voyce of the people but an hereditary kingdom oft changed into an elective yea into an Aristocraticall and no Royall government and an Aristocracie and Democracy to even among the Jews themselves whose government before their kings was meerly Aristocraticall as Iosephus Antiqu. Iud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus Sâ—hickardus Bertram Paul Eber and all others that I have seen except this Animal irrationale risibile punctually determine they having no kings of their own before Saul nor any after Zedekiah Therefore I shall spend no more waste paper to refute this palpable errour so confidently asserted by parisiticall Court Doctors who make no conscience of writing any though the grossest untruths which may advance the absolute Soveraign Arbitrary tyrannicall government of kings to oppresse and inslave the people Thirdly that the Kings of Iudah and Israel were no absolute Soveraign Princes but took their Crown with and upon such Divine conditions for breach whereof they and their posterities were oft times by Gods command just judgement and speciall approbation deposed disinherited destroyed and the Crown translated to other families This is evident by direct Scriptures Deuter. 17. 14. to the end Thou shalt in any wise set him King over thee whom the Lord thy God shalt chuse one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother Here is an expresse limitation and condition in respect of the person of the King the conditions in regard of his royall administration follow which are partly Negative partly positive But he shall not multiplie Horses to himself nor cause the the people to return to Egypt c. Neither shall he multiply wives to himself that his heart turn not away neither shall he greatly multiply to himself silver and gold And it shall be when he sitteth on the throne of his Kingdome that he shall write him a Copie of this Law in a Book out of that which is before the Priests the Levites and it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his brethren and that he turn not aside from the Commandment to the right hand or to the left to the end that he may prolong his dayes in his Kingdom he and his children in the midst of Israel Here all the kings of the Israelites when their kingdoms should be erected are strictly bound by God himself to negative and positive conditions upon performance whereof they and their children should prolong their dayes in the kingdom and perpetuate their thrones in the midst of Israel and upon breach whereof they and their posterity should lose both their lives and kingdom to as the last clause insinuates and the subsequent Texts in direct terms averre But what if the king should violate these conditions might the people lawfully resist him Iosephus in his paraphrase on this very text which I shall cite at large resolves they might Truely the government of the best meâ— or Aristocraticall government is best and to live in a Republike thus administred nor is there cause why you should desire any other kinde of government but it is best that contenting yâ—â—rselves with this you continue with in the power of your Laws and of your selves But if the desire of a king shall possesse you let there be none unlesse he be of your stock and blood and one to whom justice with other vertues are cordiall He whosoever he shall be let him attribute more to the lawes and unto God than to his own wisedome AND LET HIM DO NOTHING WITHOVT THE HIGH PRIESTS AND Sâ—NATES ADVICE neither may he nourish many wives nor possesse very much money and many Horses with the plenty of which things he may easily become a contemner of the laws and if he shall addict himself to these things more then is meet OBSTANDVM EST ne potentior fiat quamrebus vestris expedit HE IS TO BE RESISTED lest he become more potent then is expedient for your affairs So he Yea Zuinglius with B. Bilson expresly resolve that the people were bound to resist question and depose their kings for their idolatry and breach of these conditions and that God himself justly punished them for Manasses sins and wickednesse because they resisted and punished him not for them as they were obliged to do as I have elswhere manifested to which I shall refer you This condition most clearly appears in other Texts as in the 1 Sam. 12 13 14 15 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity against Gods and Samuels approbation Samuel used these speeches to them Now thereforebehold the King whom ye have chosen and whom ye have desired c. If ye will fear the Lord and serve him and obey his voyce and not rebell against the commandment of the Lord then shall both ye and also the King that reigneth over you continue following the Lord your God But if ye will not obey the voice of the Lord but will rebell against the voyce of the Lord then shall the hand of the Lord be against you as it was against your fathers c. But IF ye shall do wickedly ye shall be consumed both ye and your King After this Saul being distressed by the Philistines weary of staying for Samuel and presuming to offer sacrifice without him hereupon Samuel said to Saul Thou hast done foolishly for thou hast not kept the Commandment of the Lord thy God which he commanded thee for now would the Lord have established thy kingdom upon Israel for ever but NOW THY KINGDOM SHALL NOT CONTINVE for the Lord hath chosen him a man after his own heart and the Lord hath commanded him to be captain over his people BECAVSE THOV HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE Lo here the breach of Gods conditions by king Saul forfeited his Kingdom and disinherited his posterity of it So when he performed not Gods command in utterly destroying Amalck sparing Agag and the best of the things Samuel sharply reprehending him for this offence said unto him Behold to obey is better then sacrifice and to hearken than the fat of Rams for Rebellion namely king Sauls rebellion against Gods command not subjects rebellion against their
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
not hear you in that day Therefore their Kings were absolute Monarchs not bound to Laws nor responsible to their subiects for their oppressions not yet resistible by them To which I answer that this is a direct description of a Tyrant and not of a lawfull King as is evident First by the very occasion of the words Vttered purposely by Samuel to disswade the People from electing a King changing their former Aristocraticall Government into a Monarchicall because their kings would many of them prove more oppressive Tyrannicall and burthensome to them then their Iudges or his sons were whose bribery and perverting of judgment moved the people thus earnestly to affect a change of Government as is evident by the 1 2 3 4 5 6 and 9 Verses Iosephus and the consent of all Expositors Secondly by the introduction to and the words themselvs This will be the maner of the King that shall reign over you He will take and he will do thus and thus not this ought to be the manner he ought to do or lawfully may do thus and thus Thirdly by the things themselves which he would do which are directly contrary to Deuter. 17. 14. to the end and all other Scriptures expresly enjoyning Kings to judge their people righteously to do justice and judgement and not any wayes to oppresse or spoyle them I shall instance onely in two particulars First the law of Gods expresly prohibits all men and Kings as well as others to covet their neighbours Houses his menservants his maidservants his Oxe or his Asse or any thing that is his Neighbours If their Kings then might not lawfully so much as desire or covet much lesse might they lawfully take away their Houses Sonnes Daughters Manservants Maidservants Asses Sheep Corn Vineyards or any thing else that was theirs without their free consents as Samuel tells them their King would do this therefore must need be onely a declaration of what their Kings would Tyrannically do not of what they might lawfully or justly execute Secondly it is Gods expresse Edict Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression to thrust them out of their possessions but he shall give his Sons inheritance out of his own possession that my people be not scattered every one from his possession And Ezek 45. 8 9. The Land shall be the Princes possession in Israel and my Princes shall no more oppresse my people and the rest of the Land shall they give to the house of Israel according to their Tribes Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoile and execute judgement and justice take away your exactions or expulsions from my people saith the Lord. Whence Ahab King of Israel for coveting and unjustly depriviâ—g Naboth of his Vineyard which he refused to sell him because it was the inheritance of his Fathers and taking possession thereof after his unjust condemnation had a most severe judgement dâ—nounced against him even the utter extirpation of himself Q. Iezabel and their posterity afterwards executed Which punishment God would never have inflicted on them had it been lawfull for the Kings of Israel to take the peoples Fields Vineyards Oliveyards c. and possesse or give them to their servants as Samuel here tels them their Kâ—ngs will do This clause then of taking their Field Vineyards c. from them by the King without their consents being thus dâ—ametrally contrary to these Texts of Ezekiel and such a capitall Crime in King Ahab yea contrary to the practise of Ioseph and the Aegyptian Heathen King Pharaoh who took not away but bought the Aegyptians Cattell and Lands for Corne Gen. 47. 14. to 27. can to wayes be warranted as a just royall prerogative lawfull for their Kings to use but must needs be branded for a Tyrannicall Oppression Fourthly this is evident by the consequences of it Ye shall be his servants not subjects And ye shall crie in that day because of your King which ye have chosen you and the Lord will not hear you in that day Verse 17 18. Certainly the people neither would not ought to crie to god against the proceedings of a just upright King but onely of a Tyrant and Oppressour therefore this Text must needs be meant of such a one who should be a scourge and punishment to them as Tyrants are not a blessing as good Kings alwayes be Fifthly consult we with all Polititians whatsoever this description suites onely with a Tyrant not with any lawfull King and that it is meant of such a one we have the testimony of Iosephus the generall concurring suffrage of all Commentators and Expositors one the place see Lyra Hugo de Sancto Victore Carthusian Angelomus Lexoviensis Calvin Brentius Bugenhagius Beda Bertorius Martin Borrhaeus Peter Martyr Zanchius Piscator Serrarius Strigelius Doctor Willet Deodate the English Bibles notes with others and of sundry who descant on this Text in other writings by name of M. Iohn Calvin Instit. l. 4. c. 20. sect 26. Bishop Ponet his Politicall Government p. 44. Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos p 270. 271. Bucholceri Chronichon p. 208. Petrus Cunaeus de Repub. Hebraeor l. 1. c. 14. Bertrami Politia Iudâ—ic p. 53. Shickardus jus Regium Iudae p. 64. Albericus Gentilis de jure Belli l. 3. c. 15. p. 613. Hugo Grotius de jure Belli Pacis l. 1. c. 3. Adnotata p. 72. Governado Christiano p. 87. Georgius Bucananus de jure Regni apud Scotos p. 44. Doleâ—-man p. 68. 70. Haenon disp polit p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani Franco-Gallia c. 10. Amesius de Casibus Conscienciae p. 306. and to name no more in so plain a case of Doctor Ferne himself in his Resolving of Conscience sect 2. p. 10. where hee writes That Samuel here tels the people how they should be oppressed under Kings yet all that violence and injustice done unto them is no cause of resistance c. This Text then being cleerly meant of their Kings Oppression violence injustice against Law right and a clear descript on of a Tyrant not a King I may safely conclude from all the premises that even among the Israelites and Iews themselves their Kings were subjâ—ct to the Lawes and that the whole Congregation Kingdom Senate Sanhedrin not their Kings were the Supreme Soveraign power and Paramount their Kings themselves whom they did thus freely elect constitute and might in some cases justly censure resist depose if not put to death by common consent for notorious grosse Idolatries and publike multiplied crimes as the forecited authors averre All which considered eternally refuâ—es subverts confonnds the erronious false Positions and Paradoxes which Doctor Ferne Griffith Williams Bishop of Ossery the Authour of The necessitie of Subjection with other late ignorant Pamphletters have broached to the contrary without
or rather a function If a function what community hath it with a propriety If a possession whether not at least such an one that the same people by whom it is delivered may perpetually retain the propriety to it self Finally if the patrimonie of the Eschequer or demaines of the Republike be truely called a Dower and truely such a Dower by whose alienation or delapidation both the Republike it self and Kingdom and king himself finally perisheth by what law at last shall it be lawfull to alienate this Dower Therefore let Wenceslaus the Emperour be infatuated let Charles the sixth king of France be distracted and give or sell the kingdom or a part thereof to the English let Malchom king of Scotland prodigally spend the Crown land and royall Treasure what will follow Those who have chosen a king against the invasions of Forraigners by the folly or madnesse of the king shall be made the servants of Forraigners those who by this means would severally desire to secure their Estates shall all of them together be exposed to a prey those things which every one shall take from himself or from his pupils as in Scotland that he might endow the Commonwealth some Bawd shall riotously consume But if as we have already often said kings be created for the peoples use what use at all shall there be if not onely the use but even the abuse be granted To whose good are so many evils to whose benefit so many losses so many perils If I say whiles I desire to look after my liberty or safetie I make my selfe a slave I expose my selfe to the lust of one man I put my self into Fetters and Stocks Therefore we see this Law as it is infused by nature so likewise it is approved by use almost among all Nations that it is not lawfull for the king to diminish the Commonwealth at his pleasure and he who doth contrary is censured to play not the king but Tyrant Certainly where kings were created there was a necessity to give them some Revenues by which they might both support their Royall State but most principally sustain the Royall burthens for so both honesty and profit seemed to require It pertained to the Royall Office to see Judges placed every where who should not take gifts and who should not prostitute the Law to â—ale Moreover to provide a force ready at hand which should assist the Law when ever there should be need to preserve the wayes safe Commerce safe c. but if warre were feared to fortifie Cities with a Garrison to inviron them with a Trench against enemies to maintain an Army to furnish Armories Now this is a know proverb that peace cannot consist without warre nor war without souldiers nor souldiers without wages nor wages without tribute Therefore to sustaine the burthens of Peace the demesne was instituted which among the Lawyers is called Canon to defray the charges of warre tribute yet so as if some more heavy charge should accrue an extraordinary ayde given by Parliament should supply the end of all which verily is the good of the Commonwealth so as he that converts it to his private use is plainly unworthy the name of a king For a Prince saith Paul is the Minister of God for the peoples good and Tributes and Customes are paid to him that he may continually attend thereto And truely heretofore almost all Customs of the Romanes seem to have had this Originall that the precious Merchandize used to be brought out of India Arabia Aethiopia might be secured against piraticall invasions for which cause a Navie was furnished of which kinde was the tribute of the Red-sea Pedatica Navigia Portoria and the rest that the publike wayes which were therefore called Pretorian Consular Royall should be rendred safe from theeves plain and easie which charge even now lieth upon the kings Attorny that the publike Bridges should be repaired as appears out of the Constitution of Lewes the godly twelve over Seyne that Ships should be ready at hand to transport men over Rivers c. There were no Tributes of Saltpits yea most of them were in the Dominion of private men because what things nature did voluntarily give they thought ought no more to be sold then Light Ayre water And whereas a certain King named Lycurgus had begun to impose a Tax on Salt pits as if nature would not suffer her liberality to be restrained they are said to have been presently dried up although at this day If we beleeve Palphur or Armilot Whatever good or faire thing can be got Out of the Whole Sea in each Realme it flowes Some custome to the Kings Exchequer owes He who first instituted this custome at Rome was Livius Censor whence he obtained the surname of Salinator which he did for the most present necessity of the Commonwealth For that very cause truly King Philip obtained it onely for five yeares whose continuation what commotions it hath produced every man knoweth Finally that tributes were instituted to pay Souldiers wages in warres appeares even from this that to make a Province stipendary or tributary is the selfe-same thing indeed Thus Solomon imposed Tributes to fortifie Cities and to furnish a publike Armory which because they were finished the people under Rehoboam desired to be eased thereof Yea the Turkes themselves call the Tribute of Princes The sacred blood of the People which profusely to spend or to convert to any other use but to defend the people is a cursed act Therefore what things soever a King acquires in warres in every Nation because he gaines it by the common treasure â—e acquires it to the people not to himselfe as a factor doth to his Master Moreover if perchance he gaine any thing by marriage which I say is pure and simply his wives he is thought to acquire it to the Kingdome because he was presumed to marry that wife not as he is Philip or Charles but as he is King On the contrary as Queenes have part of those things which their husbands not yet co-opted into the Kingdome have gained during the marriage so plainly they have no part of those things they get after they have obtained the Kingdome because they are reputed gained to the publike Treasures not to the private meanes of the King which was judged in the Realme of France between Philip Valoyes and Ioan of Burgundy his wife Now lest the monies should be extorted to some other use the Emperour sweares that he will impose no customes nor enjoyne no taxes but by the Authority of a publike Assembly The Kings of Poland Hungary Denmarke England doe the like out of the Lawes of Edward the first The French Kings heretofore demanded Tributes in the Assemblies of the three Estates Hence also is that Law of Philip Valoyes That impositions should not be imposed but upon great and urgent necessity and that by the consent of the Three Estates Moreover in times past those taxes were laid up in Castles throughout
every Diocesse and delivered to selected men they even now call them Elected to be kept by whose hand the Soldiers enrolled in every Town should receive their wages which was also usually done in other Countries as in the Belgick At this day at least whatsoever things are commanded are not confirmed unlesse the Parliament consent Now there are some Provinces which are not bound by covenant but by the consent of the Estates as Languedoc Britain Province Dolphenie and some others and in the Netherlands clearly all Finally lest the Eschequer swelling like the spleen whereby all the other Members do pine away should draw all things to it self every where a due proportion is allotted to the Eschequer Since therefore at last it appeares that the tributes customes demesall that which they call demesnes under which names Portages Imposts Exposts Royalties wrâ—cks forfeitures and such like are comprehended which are ordinarily or extraordinarily given to Kings were conferred on them for the benefit of the people and supportation of the kingdome and so verily that if these nerves should be cut in sunder the people would fall to decay these â—oundation being under-mined the Kingdome must needs fall to the ground it truely followes that he who to the prejudice of the people burthens the people who reaps a gain out of the publike losse and so cuts their throat with their own sword is not a King but a Tyrant contrarily that a true King as he is a survey or of the publike affaires so likewise an Administrator of the publike riches but not a proprietary Lord who can no more alienate or dissipate the Royall Demesnes then the kingdome it selfe but if he shall demene himselfe otherwise verily as it is behoovefull to the Republike that every one should use his own proper goods well much more is it beneficiall for the Commonweal that every one should use the publike estate well And therefore if a Lord who prodigally spends his Estate is by publike authority deduced to the Wardship of his kinsmen and Family and compelled to abstaine from his possessions then truly much more justly the Gardian of the Republike who converts the publike Administration of all wealth into the publike destruction or utterly subverts it may justly be spoiled by those whom it concernes and to whom it belongeth out of Office unlesse he desists upon admonition Now that a King in all lawfull Empires is not a proprietary Lord of the Royall patrimony is easie to be manifested That we may not have recourse to those most ancient ages whose Image we have in the person of Ephron king of the Hittites who durst not verily fell his field to Abraham without the peoples consent that very law is at this day used in all Empires The Emperour of Germany before he is Crowned sacredly swears That he will alienate distract or morgage nothing of those things which appert un to the Empire and the patrimony of the Empire but if he recovers or acquires any thing by the publike Forces that it shall come to the Empire not to himself Therefore when Charles the fourth that Wenceslaus his sonne might be designed Emperor had promised an 100000 Crowns to every one of the Electors and because he had no ready monies had obliged to them by way of pawne to this end the Imperiall Customs Tributes Townes Proprieties and Rights there arose a most sharp dispute about it and the most judged the morgage to be void which verily had not availed unlesse that morgage had been gainfull to those very men who ought to defend the Empire and principally to oppose that morgage Yea therefore Wenceslaus himself was compelled as incapable to deprive himself of the Empire because he had suffered the Royall Rights especially the Dukedome of Millain to be taken from him In the Polish kingdom there is an ancient Law of not alienating the Lands of the Kingdom of Poland renewed An. M. CCCLXV by king Lewes There is the same Law in the Realm of Hungary where we reade that Andrew king of Poland about the year M. CCXXI was accused before Pope Honorius the third that neglecting his Oath he had alienated the Crown Lands The like in England in the Law of K. Edward An. M. CCXCVIII Likewise in Spain by the Constitution made under Alphonso renewed again MDLX in the Assembly at Toledo which Lawes verily were enacted when as custome for a long time before had obtained the force of a Law But verily in the kingdome of France wherein as in the pattern of the rest I shall longer insist this Law was ever sacrosanct It is the most ancientest Law of the Realme I say the Law born with the Kingdom it self Of not alienating the Crown or demesne Lands renewed in the year M D 66. although it be ill observed Two cases onely are excepted Panage or Apennage aliments to be exhibited to his children or brethren yet so as the clientelary right be alwayes retained again if warlike necessitie require it yet with a pact of reddition Yet in the interim both of them were heretofore reputed void unlesse the Assembly of the three Estates had commanded it but at this day since a standing Parliament was erected it is likewise void unlesse the Parliament of Paris which is the Senate of Peers and the Chamber of publike accounts shall approve it and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9. And this is so farre forth true that if the ancient Kings of France would endow any Church although that cause then seemed most favourable they were bound to obtain the consent of the Nobles as king Childebert may be for an example who without the consent of the French and Normans durst not endow the Monastery of S. Vincents in Paris as neither Clodovess the second and the rest Moreover they cannot release the Royalties or the right of nominating Prelates to any Church but if any have done it as Lewes the eleventh in favour of the Church of Sennes and Philip the fourth of Augiers Philip Augustus of Naverne the Parliament hath pronounced it void The king of France when he is to be Crowned at Rheimes sweares to this law which if he shall violate it avails as much as if he contracted concerning the Turkish or Persian Empire Hence the Constitutions or as they call it the Statutes of Philip the sixt Iohn the 2 d Charles the fift sixt eight of resuming those things which were alienated by their Ancestoâ—â— of which resumptions there are many instances cited by Hugo Grotius de Iure 〈◊〉 Pacis l. 2. c. 14. n. 12. 13. Adnotata Ibid. Hence in the Assembly of the three Estates at Towres An. 1323. 1360. 1374. 1401. 1483. in which Charles the eight was present many Towns of the alienation of Lewes the eleventh his Father which he had by his own Authoritie given to Tancred Castellan who demerited well of him were taken from his Heirs which even in the last assembly
of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no â—ale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings caÌ„not morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon the kings Table the third on the Wages of his houshold servants the last in the repaire of royall Castles Bridges Houses the residue if there were any was laid up in the Treasury Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris because Charles the sixt had converted all things into his and his Officers lusts and that the Domestick accounts which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republike had increased to the sum of five hundred and forty thousand Crowns is sufficiently evident out of Histories Now as the rents of the Crown were thus lessened so also the oblations and subsidies were spent upon the Warre as the taxes and tallages were onely destinated to the stipends of Souldiers In other Realms the King verily hath not any more Authority yea in most he hath lesse as in the Germane and Polish Empire But we would therefore prove this to be so in the Realm of France lest by how much any man dares to doe more injury by so much also he might be thought to have more right In summe what we have said before the name of a King sounds not an inheritance not a propriety not a perception of profits but a function a procuration As a Bishop is instituted for the cure and salvation of the soul so the King of the body in those things which pertain to the publike goods as he is the dispenser of sacred goods so the King of prophane and what power he hath in his Episcopall the same and no greater hath the King in his dominicall Lands the alienation of the Episcopall Lands without the consent of the Chapter is of no validitie so neither of the Crown Land without a publike Parliament or Senate of the Estates Of sacred revenews one part is designed to aedifices another to the poor a third to Companions a fourth to the Bishop himself the same verily almost we see the King ought to do in dispensing the revenewes of the Kingdom It hinders not that the contrary every where is at this day usurped For the duty of Bishops is not any way changed because many Bishops sell those things from the poor which they spend upon Bawds or wast all their Mannors and Woods nor yet that some Emperours have attributed all kinde of power to themselves for neither can any one be judge in his own Cause But if any Cararalla hath said That so long as his sword remains he would want no money Adrianus Caesar will also be pâ—esent who shall say That he would manage the Principality so as all should know that it was the peoples goods or inheritance not his own which one thing almost distinguisheth a King from a Tyrant Not that Attalus King of Pergameni ordained the people of Rome â—eirs of his Realme that Alexander bequeathed the kingdom of Aegypt â—tolomie of the Cyrenians to the people of Rome or Prasutagus of the â—ceni to Caesar verily this great power cannot debilitate the force of the Law yea by how much the greater it is by so much the lesse it hurts our law for what things the Romanes seized upon by pretext of law they wouâ—â— notwithstanding have seized on by force if that pretext had been wanting Yea we see almost in our â—imes
his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the
of the Provinces in particular as by all in generall The which he had effected by force if it had not beene that soon after by the means of the Prince of Orange and a good number of Gentlemen and others borne in these Countries banished by the Duke of Alva following the party of the said Prince and being for the most part in his service and other inhabitants affected to the libertie of their Countrey the Provinces of Holland and Zeeland had not revolted and put themselves under the Princes protection Against which two Provinces the Duke hath since during his Government and after him the great Commander of Castile sent in his place by the King not to moderate any thing of his Predecessors Tyrannie but to pursue it more covertly and cunningly than he had done forced those said Provinces who by their Garrisons and Citadels were made subject to the Spanish Yoke to imploy their persons and meanes to helpe to subdue them yet no wayes easing the said Provinces but intreating them like enemies suffering the Spanyards under the colour of a mutinie in view of the said Commander to enter by force into the Town of Antuerpe and there to continue six weeks living at discretion at the poore Bourgers charge forcing them moreover to be freed from their insolencies to furnish foure hundred thousand florins to pay the said Spanyards which done the said Souldiers growing more bold through the sufferance of their Commanders presumed to take Armes against the Countrey seeking first to surprize Brussels and in the place of the ancient and ordinary seate of Princes to make it a nest and den of theeves The which not succeeding according to their designe they tooke Alost by force and soone after forced the Towne of Maestricht And since being violently entred into Antuerpe they spoyled it sacked it and wasted it with fire and fword in such sort as the most barbarous and cruell enemies could not have done more to the unspeakable losse not onely of the poore inhabitants but in a manner of all the Nations of the world who had their Merchandise debts and money there And although the said Spanyards by a Decree of the Councell of Estate to whom the King by the death of the great Commander had conferred the generall Government of the Countrey were in the presence of Ieronimo de Rhoda proclaimed enemies to the Countrey yet the said Rhoda of his owne private authority or as it is to bee presumed by vertue of some secret instruction which he had from Spaine took upon him to be the head of the said Spanyards and their adherents so as without respect of the Councell of Estate he usurped the kings Name and Authority counterfeited his Seale and carried himself as a Governour and the Kings Lieutenant in these Countries The which moved the Estates at the same instant to agree with the Prince of Orange and the Estates of Holland and Zeeland which accord was allowed by the Councell of State as lawfull Governours that they might joyntly with their common forces make warre against the Spanyards Omitting not as good subjects by divers humble petitions to beseech the King to have regard unto the troubles oppressions and insolencies which had hapned and were like to follow and that hee would bee pleased with all convenient speed possible to command the Spanyards to depart out of the Countrey and especially those which had been the cause of the sack and ruine of the chiefe Towns of his Countrey and other innumerable insolences and violences which his poore subjects had endured to the comfort and ease of them which had endured them and to the example of all others yet notwithstanding the King although that he made shew by words that what had hapned displeased him and was against his will and that he had an intent to punish the heads and authors and to provide for the quiet of the Countrey with all clemency as it behoved a mercifull Prince hath not onely neglected to punish the said Heads and Authors but contrariwise as it appeareth all was with his consent and former resolution of the councell of Spain as certain letters of his intercepted soon after do plainly shew by the which it was written unto Rhoda and to the other Captains authors of all the mischiefe That the King did not blame that action but did allow thereof and commend it promising to recompence them especially the said Rhoda as having done him a singular service The which at his return into Spaine and to all other ministers of the oppressions that were used in these Countries he did shew by effect At the same time the King thinking the better to blinde the eyes of his subjects sent into these Countries for Governour Generall Don Iohn of Austria his base brother as being of his blood who making shew unto the Estates that he did allow of the Pacification of Gant promised to send away the Spanyards to punish the authors of all insolencies and disorders which had hapned in the Countrey and to take an order for the generall peace and the restoring of their ancient liberties sought to divide the Estates and to subdue one Countrey after another By the permission and providence of God who is an enemy to all oppression he was discovered by the intercepting of certain letters where he was commanded by the King to govern himself in these Countries according to the Instructions that should be given him by Rhoda and to cover this practice the King had forbidden Don Iohn to speake with him commanding him to carry himselfe unto the chiefe Noblemen with all mildenesse and courtesie to winne their loves untill that by their assistance and meanes he might reduce Holland and Zeeland and afterwards work his will of the other Provinces Whereupon Don Iohn notwithstanding that he had solmnly sworn in the presence of all the Estates of the Countrey to observe the said Pacification of Gant yet contrary thereunto he sought by meanes of their Colonels whom he had already at his devotion and great promises to winne the Germane souldiers who were then in Garrison and had the guard of the chiefe Townes and Forts of the Countrey whereof by that meanes he made himselfe master holding himselfe assured of those places they held and so by that meanes to force them that would not joyne with him to make warre against the Prince of Orange and them of Holland and Zeeland and so to raise a more boody and intestine warre then had been before But as all things that are treated cunningly and with dissimulation cannot be long kept secret Don Iohns practises being discovered before hee could effect what he had designed hee could not bring his conceptions and enterprises to the end that he pretended Yet he revived a new warre the which continues unto this day in stead of rest and an assured peace whereof hee did so much vaunt at his coming Which reasons have given us great occasion to forsake the King of Spain and
Governour is most uniust therefore the disturbance of this Kingdome Hath not the reason of Sedidition nor doe they fall into the crime of Treason This crime is committed against a lawfull Prince Now a lawfull Prince is nothing but a living Law therefore he who kils the Law as much as in him lyeth cannot be called by that name therefore those who take up Arms against him shall not be guilty of that crime It is likewise committed against the Common-wealth but because the Repub. is there only where the authority of the Law prevailes not where the private â—ust of a Tyrant swalloweth the Republike a Tyrant shall be guilty of that crime which offends the publike Maiesty those be Vindicators of the Republike who shall oppugne a Tyrant Ex Officio supported with their own authority Neither in this case I say doth every one but all the Subiects but the Lords seem to require an account of the government from their agent no more shall they be accounted perfidious for doing it there is every where between the Prince people a mutuall reciprocal Obligation he promiseth that he will be a iust Prince they that they will obey him if he shall be such a one Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound the Contract void the Obligation null in Law it selfe Therefore the King is perfidious if he reign uniustly the people perfidious if they obey not him who reignes iustly But the people are free from all crime of perfidiousnesse if they publikely renounce him who reignes uniustly or if they endeavour to evict him with Armes who desires to retein the kingdome unlawfully Therefore it is lawfull for all or many of the Officers of the Realme to remove a Tyrant Neither is it onely lawfull but it lyâ—th so upon them of duty that unlesse they doe it they can no way be excused Neither may Electors Palatines Senators and other Nobles think that they were created and instituted onely for that end that they should shew themselves once peradventure in the Kings inauguration attired after the ancient manner that they might act a certain palliated Fable or put on the person of Rowland Oliver Ronald and other Nobles on that day as if in a Scene they should in some shew represent the Round Table of Arthur as they call it so as after that the multitude is dismissed and Calliopus hath said Farewell they should think they had excellently played their parts These things are not spoken in jest these things are not perfunctorily done these things are not the pastimes of children who as it is in Horace created a King in a Play but rather of Nobles Magistrates who as they are called unto part of that honor so likewise of the burthen and shew that the Republike is committed and commended to the King as to the supreme and chiefest Tutor so also to them as fellow-Tutorâ— even Honorari assigned to him as observers of his actions who hath the chief tutelage who may daily exact an account of him and diligently take heed in what manner he reverseth so even these that they might observe the King who as to his tutelary providence is onely reputed in the place of a Lord that he doe nothing to the detriment of the people Therefore as the fact of him who acts the Gardian is imputed to the Co-gardians unlesse where they ought and are able they suspect and likewise take care to remove him to wit when he communicates not the administration with them if he doe not faithfully manage the tutelage or care if he admits fraud if he doth any thing sordidly or perniciously to the Pupill if he intercept any of the Pupils goods if he become an enemy to the Pupill finally if he be over rude sloathfull unskilfull c. So even the Nobles shall be held guilty of the Princes deed unlesse they remove or prevent his tyranny or supply his sloathfulnesse with their vigilance and diligence Finally as oft as the Gardian doth not doe in the name of the Pupill that which any fit Master of a family would doe he may not seeme to be defended but that he may be the better defended his Co-gardians are bound to foresee So much more justly if the Prince doth not act the housholder but the Enemy the Nobles may and ought to act against him since they are bound by his deed no lesse then by their owne Moreover the Nobles may consider that the King in governing the Republike holds the first part but they the second third and every one in his place Therefore if he doth his part ill they may not follow him if he destroy the Republike they may not connive for it is committed to them as well as to him and in such sort truly that not onely they themselves ought rightly to execute their office by themselves but to containe the Prince within the bounds of his office Finally as the King promiseth that he will take care of the benefit of the Commonweale so also doe they Therefore if he breakes his oath they may not thinke that they are absolved from theirs no more then Bishops if the Pope should defend heresie or destroy the Church yea they should thinke themselves so much the more obliged to performe their oathes by how much the more he shall violate his Therefore if they colludâ— they are reputed in the number of prevaricators if they connive of desertors and TRAITORS if they vindicate not the Republike from the tyranny of tyrants as finally they become Patrons Defenders little Kings if they by all meanes protect and defend the Republike which they have undertaken to protect These things though they are sufficiently firme of themselves yet they may be demonstrated by examples The Canaanitish Kings who oppressed the people of Israel with hard servitude as well corporall as spirituall interdicting them both commerce and armes were true tyrants I say in practice yet not without a title for Eglon and Iabin reigned quietly almost twenty years Now God extraordinarily stirred up Ehud who slew Eglon craftily and Debora who routed the army of Iabin and by that meanes freed the people from tyranny This was not verily because it was lesse lawfull to the ordinary Magistrates and Princes of the Tribes and the rest to doe it but Debora rather objecteth their sloathfulnesse and carelesnesse to them and curseth some of them for this cause But truly God pittying his people extraordinarily supplyed the negligence of ordinary officers Rehoboam the sonne of Solomon refuseth to ease the people of unnecessary Tributes being intreated to doe it in a generall Assembly of all the people he groweth insolent and assisted with the counsell of flatterers even arrogantly threatens more grievous burdens No man doubts but that according to the covenant first made betweene the King and people the Nobles might have restrained this pride But
King as neither the oversight of the whole Church to the Pope but to every one of the Nobles according to his power But certainly because concord proceeds from unity that there should be no emulation among Peeres a King was instituted who should hold the supreme place in the administration of the Common-wealth The King swears that he will seeke the safety of the Realme the Nobles swear every one the same by himselfe whether therefore the King or most of the Nobles neglecting their oath shal either destroy the Commonweale or desert it being in danger ought the rest therefore to desert the Republike or at least be lesse bound to defend it as if they were absolved from their oath But rather then especially they ought to shew their fidelity when as others neglect it especially since they were principally instituted for that end like the Ephori and every thing may then be reputed just when it attaines its end whether truly if many have promised the same thing is the obligation of the one dissolved by the perjury of the other whether if many be guilty of the same finne are the rest freed by the fraud of one Whether if many Co-gardians ill defend their Pupill shall one good man be lesse bound with the burthen of the wardship through their default But rather neither can they avoyd the infamy of perjury unlesse they endeavour to satisfie their trust as much as in them lieth neither can those exempt themselves from the danger and judgement of a Gardianship ill administred unlesse they implead the other Gardians suspected when as verily one Gardian may not only implead the rest suspected and take care of those to be removed but also remove them Therefore those who have promised their aide and assistance to all the Realme or Empire such as Earles of the stable Marshals Senators and the rest or those who have done it specially to any County or City which may make a part of the Realme as Dukes Marquesses Earles Majors and the rest are bound to aide the whole Common-weale oppressed with tyranny or that part thereof which the people have committed to them next after the King And thesetruly ought to vindicate the whole Commonweale from tyranny if they be able those as Gardians assigned throughout Counties that part of the Realme whose defence they have undertaken These I say are bound to restaine a tyrant those to drive him out of their coasts Therefore Mattathias as one of the Nobles the rest partly conniving partly colluding when Antiochus tyrannically oppressed the Kingdome of Iudah speakes thus to the people ready to take up armes Let us restore the state of our people let us fight for our people and our holy places whence it plainely appeares that we may not onely lawfully fight for Religion but for our Countrey for an hearth I say no lest justly then for our Altars and take up armes against such a tyrant as he was neither are they blamed by any for recovering the Kingdome but that they claimed the royall dignity to themselves which pertained to the Tribe of Iudah Many pertinent examples to this purpose occurre in Historians Arbactus governor of Media slew Sardanapalus spinning among women and spending the royall treasure among whores Vindex President of the French and Galba of the Spaniards revolted from Nero together with all France and Spaine the Senate conniving at his tyranny But especially that Laconick judgement is observable which verily proceeding from that Senate ought to passe into a thing adjudged among all Nations When the Lacedaemonians possessed Byzantium they made Clearches Captaine of the Army Governour of the City who taking corne from the Citizens distributed it to the forraine souldiers but in the meane time the families of the Citizens perished with famine Anâ—xilaus therefore one of the Magistrates of the City moved with that tyranny agreed with Alcibiades about the yeelding up of his Countrey to him and he soone after is received into the City Anexilaus being accused at Sparta for yeelding up of Byzantium pleaded his cause himselfe the Spartanes absolved the man because they said warres were to be waged with enemies not with the nature of things now nothing is more repugnant to nature then if those who are bound to defend a City became more unjust then the enemies Thus the Lacedaemonians determined justly to whom scarce any good Kings will not assent verily those who desire to rule well care not at all what is determined concerning tyrants or what the Nobles or people themselves may doe by Law But we must yet proceed further Every one of the Mariners is bound if the Ship be endangered through the default or negligence of the Ship-master to put to his helping hand every one of the Nobles is bound if the Republike perish by the wickednesse or carelesnesse of the Prince and his Colleagues to helpe it being like to fall and to vindicate the whole Kingdome or at least that part thereof which is committed to him from tyranny But then shall it be lawfull for every ordinary slave to doe the like or peradventure shall it be lawfull to Herdonius Subinus Euno Surianus Spartacus the fencer or I say to any private man to enfranchise servants to stirre up Subjects to armes finally to combate with the Prince if tyranny urge them No verily The republike is not committed to single or private men yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils Therefore they are not bound to defend the Republike who cannot defend themselves The sword is not committed to every man neither by God nor by the people therefore if they draw the sword without command they are seditious although the cause may seeme to be just Finally private men doe not make the Prince but all Therefore they ought to expect the command of all or of those I say who represent all in a Realme Countrey or City which may make a part of the Realme or at least of one of them before they attempt any thing against the Prince For as a Pupill cannot bring an action without authority of his Tutor although the Pupill be truly a Lord and the Tutor onely is reputed for the Lord as farre forth as appertaines to his tutelary providence So neither may the people doe ought but by the authority of those on whom they have transferred their authority and power whether they be ordinary Magistrates or extraordinarily created in a publike Assembly whom I say they have guirded with the sword for this purpose to whom they have delivered themselves up to be governed and cared for who finally like that Pretor of Rome who judged betweene servants and masters are truly constituted in that place that if any contention arise betweene King and Subjects they may shew themselves Judges and Redressors lest the Subjects themselves should pronounce sentence in their owne cause Therefore if unjust customes or grievous taxes be imposed if things be done
as Kings are a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words REX EADEM GRATIA Episcopo attest But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed thnotith standing their divine right and institution as the Canons of most Councels we practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in Publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. Iohn Selden in his Titles of Honour part 1. chap. 7. Sect. 2 p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefely answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and siâ—ke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sictly the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene annoynted when they were crowned as Mr. Selden Proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour it we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about they yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Vial at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had â—his Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Iudah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possâ—ssion The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man
treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Eucharist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained abâ—olution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by k. â—udhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenhir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same forme excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synoâ—e threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treachâ—rously putting out the eyes of Etguin during the truce between them After which he was again publikely excâ—mmunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some laâ—ds to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henâ—inguinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublima by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be a part of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that divers Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for a fault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence inimitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not mean of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
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