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

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against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt of punishment or prosecution whatsoever against them Which consideration makes me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realme did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametra●ly contrary to this statute made in the very first yeare and Parliament of this King and would have l●yd an aspertion of High Treason upon the king himself the Queene his Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King ●dward the 2 d taking him prisoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2 d. John Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England taking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and grieving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke M●rcer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpo● for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VELREGNO sine consilio Comitum Baronum Writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and frteing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim out of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2 d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of their treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castle at Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert V●ere Duke of Ireland Alexander Nevill ARchbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to gee forth and give
and in such a case God saith Psal 149. 6. 7. 8. 9. Let a two edged sword be in their hands to execute vengeance upon the heathen and punishment upon the people to bi●de their Kings with chains and their Nobles with fetters of Iron to execute upon them the judg●ment written This honour this priviledge in such cases HAVE ALL THE SAINTS Praise ye the Lord. And very good reason is there for it For as Nature it selfe hath instructed Lyons Beares Wolves Boares Stagges Backes and most other beasts not onely to defend themselves against the violence of one another but even of Men their supreame Lords when they assault and hunt them to take away their lives over which God hath given men a lawfull power much more then may men by natures dictate defend their persons lives against the unlawfull violence of their kings or Armies over which God hath given them no power at all but in a legall way of justice for capitall offences when they assault or make warre upon them to destroy them Not to trouble you with Histories of Stagges and other beasts which have killed men that chased them in their owne defence of which there are infinite examples in the Roman and Spanish Histories in those Amphithreatricall sports and spectacles wherein men encountred and fought with Lyons Tygers Beares Buls and other savage Beasts I shall onely recite some few examples even of Kings themselves who have beene slaine and devoured by such beasts as they have chased Mada● King of Britain as Polycronicon Fabien Grafton and others record being in his disport of hunting was slain of the wilde beasts he pursued when he had reigned 40. yeares so was his sonne King Memphis slaine and destroyed in hunting in the same manner Merindus King of Brittaine was devoured by a Sea monster which he encountered and Basilius the 35 Emperour of Constantinople hunting a Stag of an extraordinary greatnesse and thinking to cut off his necke with his sword the Stagge ran fiercely at him gored him with his hornes on which he tossed him bruised his entralls whereof he dyed some few dayes after and had beene slaine immediately on the beasts hornes had not one there present drawne his sword and cut off his girdle by which he hung on the hornes to whom he gave a very ill requitall for this loyall service other stories of kings sla●ne by beasts in their owne defence occure in story and examples of kings slaine by men in and for their preservation are almost innumerable that of our king Edmond is observable among others who as our Historians write being at a feast at Pulkers Church on Saint Augustines day espied a theese named Leof whom he had formerly banished sitting in the Hall whereupon he leapt over the Table assaulted Leof and plucked him by the haire of the head to the ground who in his owne defence wounded the king to death with a knife hurt many of his servants and at length was himselfe hewen all in peeces But that of our King Richard the 1. is more remarkeable who being shot in the arme with a barbed Arrow by one Peter Basil or Bertram Gurdon as others name him at the siege of Chaluz Castle in Aquitain which rebelled against him the Castle being taken and the king ready to dye of the wound commanded the person that shot him to be brought into his presence of whom he demanded What hurt ●e had done him that provoked him to this mischiefe To whom he boldly replyed Thou hast killed my father and my two Brothers with thine own hand and now wouldest have slain me take what revenge thou wilt I shall willingly endure what ever torture thou canst inflict upon me in respect I have slaine thee who hast done such and so great mischiefe to the world The king hearing this his magnanimous answer released him from his bonds though he slew the rest and not onely forgave him his death but commanded an hundred shillings to be given him If then bruites by the very law of Nature have thus defended themselves against kings who have violently assaulted them even to the casuall death of the assailants Why men by the selfesame Law may not justly defend themselves against the unjust assailing warres of their Princes and Armies without Treason or Rebellion exceeds my shallow understanding to apprehend and I doubt those very persons who now plead most against it onely to accomplish their owne pernicious designes would make no scruple of such a necessary defensive wars and resistances lawfulnesse were the case but really their own and those Papists and Cavalieers who now take up armes against the Parliament the supreamest lawfull power in the Realme and their owne native Country without checke of Conscience would doubtlesse make no bones at all forcibly to resist or fight against the King himselfe should he but really joyne with the Parliaments Army against them and their designes there being never any Souldier or Polititian but those onely who were truely sanctified and religious that made any conscience of fighting against yea murthering of his naturall king not onely in a lawfull defensive warre but in a Trayterous and Rebellious manner too if he might thereby advantage or promote his owne particular interests as is evident by the councell and speech of Davids souldiers and King Saul himselfe 1 Sam. 24. 4. 5. 6. 7. 18. 19. 21. by the words of Abishai to David 1 Sam. 28. 8. 9. 23. 24. by the Councell of A●●itophell which pleased Absolon and all the Elders of Israel well 2 Sam 17. 1. 2. 3. 4 and the infinite number of Emperours of Kings which have beene trayterously and rebelliously slaine without any just occasion by their own Souldiers and that in a meere offensive not defensive way above halfe the Roman Grecian and German Emperours dying of such assassinations or poysonings very few of them of meere naturall deathes as the Histories of their lives declare Eightly It is in a manner agreed by Historians Polititians and Divines that if a King will desert the defence and Protection of his people in times of warre and danger and neither ayde nor protect them against their enemies according to his Oath and Duty they may in such a case of extremity for their owne necessary defence and preservation desert him who deserteth them and elect another King who can and will protect them from utter ruin Vpon this very ground the Brittons of this Nation after many hundred yeares subjection to the Roman Emperors rejected their yoake and government when they refused and neglected to defend them against the barbarous Picts and others who invaded them when they had oft craved their assistance electing them other Patriots So the Spaniards being deserted by the Roman Emperors and left as a prey to their enemies abandoned their government and elected them Kings of their owne to protect them which they justified to be lawfull for them to doe And in like manner