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 Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1 E. 3. c. 1. 2. 3 which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exiled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other procured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robert Baldâ—cke and Edmâ—nd Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robâ—rt and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to France to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westmiuster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Father was taken and put in ward and yet remaineth in ward shall not be molested impeached or grieved in person or goods in the kings Court or other Court for the pursuite of the said king taking and with holding of his body nor pursuite of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed any trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adâ—ulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and detained Prisoâ—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes
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 force 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 our Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spaine and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor upon their sollicitation If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppressions of their kings as the Barons in King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie and those Princes in such cases may justly kill depose or judicially condemne these oppressing Kings and put them to death I conceive these whole kingdomes and Parliaments may with farre better reason lesse danger and greater safety to themselvs their Kings and Realmes take up defensive Armes of their owne to repulse their violence For if they may lawfully helpe themselves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them nor particular interest in the differences betweene their kings and them which can hardly be effected without subjecting themselves to a forraigne power the death or deposition of the oppressing King much more may they defend and releeve themselves against him by their owne domesticke Forces if they be able by generall consent of the Realme because they have a particular interest and ingagement to defend their owne persons estates liberties which forraigners want and by such domesticke Forces may prevent a forraigne subjection preserve the life of the oppressing Prince and succession of the Crowne in the hereditary line which forraigne Armies most commonly endanger And certainely it is all one in point of Reason State Law Conscience for Subjects to relieve themselves and make a defensive warre against their Soveraigne by forraigne Princes Armes as by their owne and if the first be just and lawfull as all men generally grant without contradiction and Bracton to l. 2. c. 16. I see no colour but the latter must bee just and lawfull too yea then the first rather because lesse dangerous lesse inconvenient to King and Kingdome From Reasons I shall next proceed to punctuall Authorities Not to mention our ancient Brittons taking up of armes by joint consent against their oppressing tyrannizing Kings Aâ—chigallo Emerian and Vortigern whom they both expelled and deposed for their tyranny and mis-government nor our Saxons ray sing defensive Forces against King Sigebert Osfred Ethelred Beornard Coolwulfe and Edwyn who were forcibly expelled and deprived by their Subjects for their bloody cruelties and oppressions which actions the whole Kingdome then and those Historians who recorded them since reputed just and honourable and no Treason nor Rebellion in Law or Conscience being for the Kingdomes necessary preservation and the peoples just defence which Histories I have elsewhere more largely related Nor yet to insist long on the fore-mentioned Barons warre against king Iohn and Henry the 3 d. for regaining establishing preserving Magna Chaâ—ta and other Liberties of the Realme which our Kings had almost utterly deprived them off I shall onely give you some few briefe observations touching these warres to cleare them from those blacke aspersions of Rebellion Treason and the like which some late Historians especially Iohn Speed to flatter those Kings to whom they Dedicated their Histories have cast upon them contrary to the judgement of our ancienter Choniclers and Matthew Paris who generally repute them lawfull and honourable First then consider what opinion the Prelates Barons and Kingdome in generall had of these Warres at first Anno 1414. in a Parliament held at Pauls the 16. yeare of King Iohns raigne Steven Langton Archbishop of Canterbury produced a Charter of King Henry the First whereby he granted the Ancient Liberties of the Kingdome of England which had by his Predecessors beene oppressed with unjust exactions according to the Lawes of King Edward with those emendations which his Father by the counsell of his Barons did ratifie which Charter being read before the Barons they much rejoyced and swore in the presence of the Archbishop that for these Liberties they would if need required spend their blood which being openly done in Parliament they would never have taken such a publike solemne Oath had they deemed a Warre against the King for recovery or defence of these their Liberties unlawfull and no lesse then Treason and Rebellion in point of Law or Conscience After this the Barons assembling at Saint Edmondâ—bury conferred about the said Charter and swore upon the high Altar That if King Iohn refused to confirme and restore unto them those Liberties the Rights of the Kingdome they would make Warre upon him and withdraw themselves from his Allegiance untill he had ratified them all wâ—th his Charter under his great Seale And further agreed after Christmas to Petition him for the same and in the meane time to provide themselves of Horse and Furniture to be ready if the King should start from his Oath made at Winchester at the time of his absolution for confirmation of these Liberties and compell him to satisfie their demand After Christmas they repaire in a Military manner to the King lying in the new Temple urging their desires with great vehemencie the King seeing their resolution and inclination to warre made answer That for the matter they required he would take consideration till after Easter next In the meane time he tooke upon him the Crosse rather through feare then devotion supposing himselfe to bee more safe under that Protection And to shew his desperate malice and wilfulnesse who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfe under any other that would but support him in his violences he sent an Embassage the most base and impious that ever yet was sent by any free and Christian Prince unto Miramumalim the Moore intituled the great King of Affrica Morocco and Spaine wherein
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 beare Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onely 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 Coâ—djutor 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 demonstrates their publicke opinions and judgements of the lawfulnesse 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 Gaveston 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 certainâ—ly 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 he liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservation of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raised 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 BVT DESERVED HIS ROYAL 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 harboring councelling or ayding hiâ—â—ere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishops Abbots Priors Earles Barâ—s and Commons of the Realme assembled according to our Command and unanimously assented and accorded that none of what estate or condition soever he be shall in time to come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprehended nor imprisoned impeached molested 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 Judges of the Kings Bench commanding that this grant and concord shall be firme and stable in all its points and that every of them should be held and kept in perpetuitie to which end he commands them to cause this act to be there inrolled and firmely 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
Barbarous Inhumanity for any person not to put to his uttermost strength speedily to close up the mortall wounds of his bleeding dying Native Country but to protract its cure to enlarge encrease its deadly Ulcers Stabs Sores and make a lasting trade of Warre out of a sordid sinfull desire of Gaine of Plunder to raise a private fortune by the Republicks ruines a sinne of which some perchance are guilty is an unparalleld most unnaturall prodigious Impiety It was thought a great dishonour heretofore for men of Honour and Estates not to serve and defend their Country gratis as our own Lawbooks Histories plentifully manifest and shall such Persons now turne sordid Mercenaries stirre neither hand nor foot without their Pay and be more diligent to get their wages than discharge their Service God forbid It is Recorded of the Children of Gad and Reuben after they had recovered their inheritance on this side Jordan that they went all up armed before the Lord over Jordan at their owne free cost untill they had driven out all the enemies in it before them subdued the Land and setled their brethren of the other Tribes peaceably in it And shall not Englishmen of Estates doe the like for their Brethren now in these times of need when money the sinewes of Warre is almost quite shrunke up by reason of former Disbursements and want of Trade We read That the very Heathen Kings of Canaan when they came and fought in Taanach by the waters of Megiddo against the Israelites THEY TOOKE NO GAINE OF MONEY for their paines Such was their Noble-generosity which Deborah registers in her Song for their eternall Glory And we heare of divers Lords and Gentlemen in the Kings Army which serve against their Country gratis yea furnish out sundry Horse and Foote of their proper cost of few or none such there who receive any Pay And shall these be more free generous active in serving fighting against God Religion Lawes Liberties Parliament and their Country than those of like Ranke and quality on the Parliaments party are in warring for them O let not such anignoble unchristian Report be ever once justly told in Gath or published in the streets of Askelon lest the daughters of the Philistines rejoyce lest the sonnes and daughters of the uncircumcised triumph I know there are some Heroicke Worthies in the Parliaments Armies of whom I may truely sing with Deborah My heart is toward the Governours of Israel that offered themselves willingly among the people and who like Zebulon and Nepthali have freely jeoparded their lives unto the death in the high places of the field Blessed be their Endeavours and their Names for ever Honourable I shall now onely wish that others would imitate their laudable examples that so our long-lingring warres may be speedily and happily determined in a blessed pure pious secure honourable lasting Peace They are Tormentors not Chirurgions Executioners not true Souldiers who desire endeavour not speedily to close up and heale their dearest Countries bleeding festring wounds for which I have prepared this Treatise as a Soveraigne Balme to incarne and cicatrize them not ulcerate or inflame them It was the Prophets Patheticke expostulation The harvest is past the Summer is ended and we are not healed Is there no balme in Gilead Is there no Physitian there why then is not the health of the Daughter of my people recovered It may be Englands and Irelands expostulation now The Lord put it into the hearts of our great Physitians the King Parliament and Grandees of both Armies that they may now at last with bleeding melting hearts and spirits speedily poure forth such effectuall healing Balmes into these two dying Kingdomes deadly wounds as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed that so they may lose nothing but their putrid blood their proud dead flesh their filthy sanies and corrupt humours by their unnaturall stabs already received Towards the advancement of which much desired cure if these my undigested rude Collections interrupted with sundry inevitable interloping Distractions which may justly excuse their many defects may adde any contribution or satisfie any seduced or scrupulous Consciences touching this present Warre I shall deeme my labours highly recompensed And so recommending them to Gods blessing and thy charitable acceptation I shall detaine thee with no further Prologue Farewell THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES PROVING I st That the Parliaments present necessary Defensive Warre is Iust and Lawfull both in point of Law and Conscience and no Treason nor Rebellion HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments proceedings I come now in order in point of time and sequell to the 5 th Grand Objection of the King Royalists and Papists against the Parliament To wit That they have traiterously taken up Armes and levied warre against the King himselfe in his Kingdome and would have taken away his life at Keinton battell which is no lesse than Rebellion and High Treason by the Statute of 25. E. 3. c. 2. with other obsolete Acts and by the Common Law Which Obiection though last in time is yet of greatest weight and difficulty now most cryed up and insisted on of all the rest in many of his Majesties late Proclamations Declarations and in Anti-Parliamentary Pamphlets To give a punctuall Answere to this capitall Complaint not out of any desire to foment but cease this most unnaturall bloody warre which threatens utter desolation to us if proceeded in or not determined with a just honourable secure lasting peace now lately rejected by his Majesties party I say First that it is apparent to all the world who are not willfully or maliciously blinded That this Majesty first began this warre not onely by his endeavors to bring up the Northerne Army to force the Parliament confessed by the flight letters examinations of those who were chiefe Actors in it but by raising sundry forces under colour of a guard before the Parliament levied any Secondly that the Parliament in raising their forces had no intention at all to offer the least violence to his Majesties person Crowne dignity nor to draw any English blood but onely to defend themselves and the Kingdome against his Majesties Malignant invasive plundring Forces to rescue his Majestie out of the hands the power of those ill Councellers and Malignants who withdrew him from his Parliament to bring him backe with honour peace safety to his great Councell their Generall and Army Marching with a Petition to this purpose and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses contrary to Order Law the Priviledges of Parliament their owne Protestation taken in both Houses sheltring themselves under the power of his Majesties presence and Forces from the justice of the Houses and apprehension of their Officers contrary to
case Sixtly I would demand of any Lawyer or Divine What is the true genuine reason that the taking up of offensive armes against or offering violence to the person or life of the King is High Treason in point of Law and Divinitie Is it not onely because and as he is the head and chiefe member of the Kingdome which hath a Common interest in him and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against and violence to his Person Doubtlesse every man must acknowledge this to be the onely reason for if he were not such a publike person the levying War against or murthering of him could be no High Treason at all And this is the reason why the elsewhere cited Statutes of our Realme together with our Historians make levying of Warre deposing or killing the King by private persons High Treason not onely against the King but the REALME and Kingdome to Witnesse the Statutes of 5. R. 2. c 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. Eliz. c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament declaring those persons of England and Scotland TRAITORS TO EITHER REALME who shall take up Armes against either Realme without common consent of Parliament which Enact The levying of Warre against the Kingdome and Parliament invading of England or Ireland treachery against the Parliament repealing of certaine Acts of Parliament ill Counselling the King coyning false Money and offering violence to the Kings person to take away his Life to be high Treason not onely against the King and his Crowne but THE REALME TO and those who are guilty of such crimes to bee High Traitors and Enemies TO THE REALME as well at to the King Hence Iohn of Gaunt Duke of Lancaster being accused in a Parliament held in 7. R. 2. by a Carmelite Frier of High Treason for practising sodainely to surprise the KING and seize upon his Kingdome the Duke denied it as a thing incredible upon this very ground If I should thus said he affect the Kingdome Js it credible after your murder which God forbid that the Lords of this Kingdome could patiently endure me Domini mei ET PATRIAE PRODITOREM being a Traitor both of my LORD and COUNTREY Hence in the same Parliament of 7. R. 2. John Walsh Esquire Captaine of Cherburg in France was accused by one of Navarre DE PRODITIONE REGIS REGNI Of Treason against the King and Kingdome for delivering up that Castle to the Enemies And in the Parliament of 3. R. 2. Sir John Annesley Knight accused Thomas Ketrington Esquire of Treason against the King and Realme for betraying and selling the Castle of Saint Saviour within the Isse of Constantine in France to the French for a great summe of money when as he neither wanted Victuals nor meanes to defend it both which Accusations being of Treasons beyond the Sea were determined by Battle and Duels fought to decide them Hence the great Favourite Pierce Gaveston Tanquam Legum subversor Hostis Terrae Publicus Publicus Regni Proditor capite truncatus est and the two Spensers after him were in Edward the second his Raigne likewise banished condemned and executed as Traitors to the King and Realme ET REGNI PRODITORES for miscounselling and seducing the King and moving him to make Warre upon his people Hence both the Pierces and the Archbishop of Yorke in their Articles against King Henry the fourth accused him as guilty of High Treason and a Traitor both to the King Realme and Kingdome of England for Deposing and murthering Richard the second And hence the Gunpouder Conspirators were declared adjudged and executed as Traitors both to the KING REALME for attempting to blow up the Parliament House when the King Nobles and Commons were therein assembled If then the King shall become an open enemie to his Kingdome and Subjects to waste or ruine them or shall seeke to betray them to a Forraigne Enemy which hath beene held no lesse then Treason in a King to doe who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME and thereupon forfeit his very right and title to the Crowne it can be no Treason nor Rebellion in Law or Theologie for the Parliament Kingdome Subjects to take up armes against the King and his Forces in such a case when he shal wilfully and maliciously rent himselfe from and set himselfe in direct opposition against his Kingdome and by his owne voluntary actions turne their common interest in him for their good and protection into a publicke engagement against him as a common Enemy who seekes their generall ruine And if Kings may lawfully take up armes against their Subjects as all Royallists plead after they reject their lawfull power and become open Rebels or Traitors because then as to this they cease to be Subjects any longer and so forfeit the benefit of their Royal protection By the self-same reason the bond and stipulation being mutuall Kings being their Subjects Liege Lords by Oath and Duty as well as they their Liege people When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way they presently both in Law and Conscience cease to be their Kings de jure as to this particular and their Subjects alleagiance thereby is as to this discharged and suspended towards them as appeares by the Kings Coronation Oath and the Lords and Prelats conditionall Fealty to King Steven so that they may justly in Law and Conscience resist their unlawfull assaults as enemies for which they must onely censure their owne rash unjust proceedings and breach of Faith to their People not their Peoples just defensive opposition which themselves alone occasioned Seventhly It must of necessity be granted that for any King to levie warre against his Subjects unlesse upon very good grounds of Law and conscience and in case of absolute necessity when there is no other remedy left is directly contrary to his very Oath and duty witnes the Law of King Edward the Confessor cap. 17. and Coronation Oathes of all our Kings forementioned To keepe PEACE and godly agreement INTIRELY ACCORDING TO THEIR POWER to their people Contrary to all the fundamentall Lawes of the Realme and the Prologues of most Statutes intirely to preserve and earnestly to indeavour the peace and welfare of their peoples persons goods estates lawes liberties Contrary to the main tenor of all Sacred Scriptures which have relation unto Kings but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes which revolted from him for following his young Counsellors advice and denying their just request and crowned Ieroboam for their King
execute them as common enemies to the kingdomes peace and welfare even by the knowne Common Law and Statutes of the Realme and seife 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 open enemies of the Realme especially of Forraigners as is cleare by infinite * Presidents cited by the Kings owne Councell and recited by Judge 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. 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 Societatum nulla est gratior nulla carior quà m ea quae cum Republica est unicuique nostrum Cari sunt pareâ—tes cariliberi propinqui familiares SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST pro qua quis bonus dubit tâ—mortem oppetere si ei sit prosuturus Qâ—o est detestabilior illorum immanitas qui lacerant omni scelere Patriam nâ—a sunditus 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 safeti 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 mere obleiged to joyne with the kingdome Parliament and his Native dearest Countrey who are most considerable against the King than with the king against their 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 Daty and the Peoples 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 defendends and to put this out of question I shall cite but two or three cases of like Nature It hath been very frequent with the Kings of England France and other Princes for triall of their man hood to 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 Armâ—s these Subjects have not onely defended themselves against their kings assaults and blowes but retorted lance for lance stroke for stroke and sometimes unborsed disarmed and wounded their Kings our King Henry the eight being like to be slaine by the Earle of Suffolke at a Tilting 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 loust 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 forblow 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 Henry the 8 th when endangered by
and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM drive him with his wicked Counsellours out of the Realme and consult of chusing them a new King After these and some other like passages the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops he would amend all things amisse in his Kingdome for performance of which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and slew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclnded namely that I should be without this homage and absolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he endeavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15 daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederaciei nor will I invoke their aide Vnlesse which God forbid inopinata immutabilis fuero compulsus necessitate I shall be compelied by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that he will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are enjured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri turtia sicut heri Falix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before
the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were thereby chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised 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 Northwales 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 slew many of his Enemies by an Ambuscado 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 spoiled 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 Ireland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmant quod liâ—uit sibi de jure quod suum crat repetere posse Regis Consiliorum suorum modis omnibus quibus poterat infirmare William Rishanger 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 person 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 frequenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecclesiasticall 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 established but by them materiall sword and constantly averring 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 JUSTICE AND TRVTH Fame
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 of 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 formis-councelling the king oppressing the people by injustice a vising him to levie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome â—ngâ—ossing the Kings eare and usurping 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 Hugh â—e de pensers 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 John 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 good 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 Spensâ—rs 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 Capitall 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 thought 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
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 diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—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 â—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 Mâ—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 Philpoâ— 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 Vâ—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
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 * 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 Ordaine and Stablish that the said Duke of Glocester Earles of Darby Arundell Warwicke 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 or of any other beasts taking or carriage of goods harnesse armour cattle and other â—ovable goods breaking of houses or of other possessions or goods assault battery robberies thefts comming or tarrying with force and armes or armed in the Kings presence at the Parliament or Councell or else where Raysing of people or exciting the people to rise forcibly against the peace by letters commissions or any other deeds or of any other thing that may be furniâ—hed by them or any of them or ought or purposed to have beene done from the beginning of the world touching any of the said matters before the end of this present Parliament by any imagination interpretation or other colour but shall bee quit and discharged for ever except that the King be answered of all the goods and cattels that were to them which be attainted in this present Parliament or to any of them and which goods and things were taken by any person the first day of January last past or after hitherto We considering the matter of the said Petition to be true and the request of the said Commons in this party to be to the honour of God and the profit of us and our Realme of the assent of the Prelates Dukes Earles Barrons and all others of this present Parliament doe garnt the requests of the said Commons in all points after the forme of the said Petition And moreover of the assent aforesayd we will and grant for the greater quietnesse of our said Realme though that the said Duke or Earles appellants or any other of their company retinue force ayde councell or adherents or any of them have taken led away or withholden any of our Iusticers or any other of our ministers in disturbance of execution of the Law of our Realme of England or in other manner or that they have taken any manner of person as Traitors to Us or to our Realme or other person and the same have voluntarily suffered to goe at large or escape beyond the sea from the 14 th day of Novemb. last past till the end of this present Parliament that they nor any of them be for this cause impeached molested nor grieved any manner of way at the suite of us our heires nor none other party but thereof they shall be quit and discharged for ever nor that they nor any of them be in any wise molested grieved nor impeached at the suite of us our heires or other party for any thing done at any time for to attaine to their purpose against the said appealers or any of them or against any other person for this cause nor for any other thing or deed to affirme the same purposes till the end of this present Parliament but thereof shall be acquitted This Act with others made the same Parliament continued inviolable without dispute for 10 yeers space during w ch there were 8. more Parliaments held w ch approved it but in 21 R. 2. the King having violently seised upon the Duke of Glocester the Earles of Warwicke and Arundell and packed a Parliament to his minde by not summoning any Lords thereto but those oâ— his party by causing divers Knights and Burgesses of his own nomination never chosen by the people to be returned in divers places and overawing the rest with a guard or 4000. Cheshire Archers caused these Lords to be illegally attainted of Treason upon fained pretences out of this old grudge and the Acts of this Parliament to be reversed yet not this Act as I conceive which is part of it being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed reversed revoked voyded undone and anulled for ever with all the Acts circumstances and dependants thereof and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great Honour and common profit of the Realme and ch 5. It is ordained and assented that the Lords and other which were forejudged in the Parliament holden the said 21. yeare or by Authority of the same which now be in life and the heires of the Lords and others that be dead shall be wholly restitute and restored to their names all manner of inheritaments and possessions reversions fees reversions offices liberties and franchises as intirely as the said Lords and others which be in life or the Lords and other which be dead ancestors of the heires or the feoffees of the said Lords or other aforesaid or other feoffees to their use were at the time of the judgement given against them the said 21 yeare by entrie without other suite thereof to be made or livery to be had of the same And all the goods and chattels which were the said Lords or the other persons aforesaid so forejudged whereof the king is not answered and be in the hands of the Sheriffes Escheators or other Officers Ministers or any other and concealed by them the king wills and granteth that the same Lords and other which now be in life and the Executors and administrators of them that be dead shall have thereof delivery and restitution and that the Sheriffes Escheators Officers and Ministers so occupying the said goods and chattels by such concealment bee punished for the same concealement So that by the expresse resolution of these two severall Parliaments these Lords and Commons taking up defensive Armes and making war against those wicked Councellours of this King which sought their ruine and endeavoured the destruction of the Realme though they had the kings presence and commissions to countenance all their actions and proceedings of this nature and the Lords wanted the Ordinances of both houses to authorize this their arming and war was solemnely declared and adjudged to be no Treason nor Rebellion at all nor levying of warre against the king within the statute of 25. E. 3. but contrarywise a thing done to
the honour of God the Salvation of the King for if the Kingdome perish or miscarry the king as king must needs perish with it the maintenance of his Crowne supported onely by the maintenance of the kingdomes welfare and the Salvation and common profit of all the Realm and this being one of the first solemne judgements if not the very first given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war must certainely be the best exposition of that Law which the Parliament onely ought to interpret as is evident by the statute of 21. R. 2. c. 3. It is ordained and stablished that every man which c. or he that raiseth the people and riseth against the King to make warre within his Realme and of that be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne and other forecited Acts and if this were no Treason nor 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 all the Realme much more must our Parliaments present defensive warre against his Majesties ill 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 pursuit 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 Coronation 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 persidious 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 guided 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 doâ— 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 800. others were slaine on the kings part by the Duke of Yorke and his companions and the kingâ—â— a manner defeate 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 PUBLIKE 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 and 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 â—y 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 â—ords and liege People of the King and that they might finally destroy the laid lawfull Lords and Liege People and their Issues and Heires for ever as now the Kings ill Counsellors 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 Leâ—ter of Sir Iohn Brooks giving advise to thus purpose to his Majestie and this Assemblâ— 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 defacto being crowned by Parliament but an Vsurper and bloody â—yrant 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 tamping 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 slew 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 Realme 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 fundamentall 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 Chattels What our Princes and State have thought of the lawfulnesse of necessary Defensive sive 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 James 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 James 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 Orange 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 taking up Armes against him and his evill Counsellors in defence of their Religion Lawes 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 threatned 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 of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That all the Rights of his Crowne are vested in him for his Subjects sake That the Prince may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is bound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preserve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sâ—fficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned and prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull iniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or for booty propter praedam enim militare peccatum est Whence Joh Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nation yea By all Lawes whatsoever and the very dictate of Reason And that aâ—nâ—cessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violence And therâ—fore mâ—st of necessitie be acknowledge lawfull because directly opposite to and the onely remedy which Gâ—d and Nature have giuen men against Tâ—rannicall and unjust invasions which are both sâ—â—nâ—full and unlawfull And so can be no Treason no Rebellion no crime at all thouâ—â— our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Groâ—ius de Iure Belli l. 2. c. 1. I shall close up the Civillians and Câ—noâ—â—â—s Opinions touching the lawfulnesse of a Defensive Warre with the words oâ— Aâ—bericâ—â—â—entilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Jure Belli Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. caâ— 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is
their severall flights from the violence of the Egyptians Saul and Iezabel who sought their lives but likewise by Ioseph Mary and Christ himselfe who fled into Egypt to escape the hands and but chery of King Herod by Christs own direction to his Disciples Matth. 10. 23. But when they persecute you in this City flee yee into another and that Prediction of his Matth. 23. 34. Behold I send unto you Prophets and wise men and Scribes and some 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. 1 2. 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. 2 Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his booke 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 and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policie If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fiftly God himselfe the fountaine oft justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Oppressing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those c Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion extirpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse than Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes feared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive Jude 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no Iawes but will and Iust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Commissions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix
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 meanâ— 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 or quarrell may lawfully resist assault wound apprehend imprison slay depose iudge censure forraigne kings even to death as is apparent by Sâ—hon King of the Amorites and Og the king of Bashan slain the King of Ai hanged by Ioshua the five kings of Canaan that besieged Gibeon on whose ne-ks Ioshua made his men of war to put their feet then smote slew and hanged them upon five trees Who also assaulted resisted imprisoned condemned slew executed divers other kings of Canaan to the number of thirty one in all by king Adonibezek Eglon Agag with other Heathen Kings imprisoned stabbed hewen in pieces by the Israelites If any obiect These kings were not actually annoynted which they cannot prove since Cyrus an Heathen King is stiled Gods annoynted no doubt Saul was an annoynted King if not the first in the world 1 Sam. 10. 1. yet he was justly resisted wounded pursued by the Philistines 1 Sam. 31. 3. Iosiah an annoynted good King was slain by Pharaoh Necho King of Egypt whom he rashly encountred King Ahab was slain by an Archer of the King of Assyria King Ioram and Ahaziah were both slain by Iehu by Gods command Iehoaaz was deposed by the King of Egypt Iehoiakim and Iehoiakin both deposed fettered and kept prisoners by the King of Babylon bylone who also y appâ—eherded dâ—posed judicially condemned King Zedechiah put out his eyes and sent him prisoner to Bâ—hylon bound with fetters of brasse So Manasses was deposed bound with fetters of brasse and carryed captive by the Captaines of the King of Assyria Amaziah King of Iudah was taken prisoner by Iehoash King of Israel Infiâ—ite are the presidents in stories where kings of one Nation in just warrs have been assaulted invaded imprisoned deposed slain by Princes and Subjects of another Nation and that justly as all grant without exception neither their annointing nor Kingship being any exemption or priviledge to them at all in respect of forraigners in cases of hostility to whom they are no Soveraigns no more then to any of their Subjects Whereas if this royall annointing did make their persons absolutly sacred and inviolable no forraign Princes or Subjects could justly apprehend imprison smite wound slay depose or execute them Secondly Kings who are suborordinate Homagers and Subjects to other Kings or Emperours though annointed may for Treasons and Rebellions against them he lawfully resisted assaulted imprisoned deposed judged to death and executed because as to them they are but Subjects notwithâ—â—anging their annointing as appears by sundâ—y presidents in our own and forraign Histories and is generally confessed by the learned Thirdly the Roman Greek and German Experours though annointed the ancient Kings of France Spain Arragon Britain Hungary Poland Denmarke Bohemia India Sparta and other places who were not absolute Monarchs have in former ages been lawfully resisted imprisoned deposed and some of them judicially adjudged to death and executed by their owne Senates Parliaments Diets States for their oppression mal-administration tyranny and that justly as Bodin Grotius with others affirm notwithstanding any pretence that they were annointed Soveraigns Fourthly Popes Bishops and Priests anciently were and at this present in the Romish Churches are actually annointed as well as Kings and we know the Popish Clergy and Canonists have frequently alledged this Text Touch not mine annointed and doe my Prophets no harme in Councels Decretalls and solemâ— debates in Parliament to prove their exemption from the arrests judgements capitall censâ—res and proceedings of Kings and secular Iudges for any crimes whatsoever because forsooth they were Gods annointed intended in this Text not Kings therefore Kings and Seculars must not touch nor offer any the least violence to their persons no not in a way of justice By colour of this Text they exceedingly deluded the world in this particular for â—undreds of yeeres But in the seventh yeer of Hen. the 8. in Dr. Standish his case debated before a Committee of both Houses of Parliament and all the Iudges of England this Text being chiefly insisted on to prove the Clergies exemption Jure Divino was wholly exploded in England and since that in Germany France other Realms and notwithstanding its protection many Fopes Bishops and Clergy-men in all Kingdomes ages for all their annointing have for their misdemeanors not only been resisted apprehended imprisones but deprived degraded hanged quartered burned as well as other men Yea Abiathar the High Priest was deposed by S. â—omon for his Treason against him notwithstanding his Annointing their annointing giving them not the smallest immunity to doe ill or not to suffer all kinds of corporall capitall punishments for their misdemeanors If this actuall annointing then cannot lawfully exempt or secure Priests and Prelates persons nor the Pope himselfe from the premises how then can it justly priviledge the persons of Kings Fifthly among the Papists all infants either in their baptisme or confirmation are actually annointed with their consecrated Chrisme and with extream unction to boot at last cast which they make a Sacrament and so a thing of more divine soveraign Nature then the very annointing of Kings at their inauguration which they repute no Sacrament as being no where commanded by God But neither of these actuall unctions exempt all or any of those annointed with it from resistance or any corporall punishments or just censures of any king therefore the very annointing of Kings cannot doe it Sixthly the Ceremony of annointing kings as Cassanaeus with others write is peculiar onely to the German Emperor the King of Ierusalem the King of France the King of England and the King of Sicily but to no other kings else who are neither annointed nor crowned as he affirmes so that it cannot give any priviledge
the estate that it is now the title of Empire being little more then that of the Duke of Venice the soveraingty writes the Historian in the Margin remaining in the States of the Empire All that is objected against the premises is that passage of Tertullian much insisted on Colimus ergo Imperatorē sic quomodo nobis licet ipsi expedit ut hominem à DEO SECUNDUM quicquid est à Deo consecutum SOLO DEO MINOREM Hoc et ipse volet Sic enim OMNIBUS MAJOR EST DUM SOLO VERO DEO MINOR EST. Sic ipsis Diis major est dum ipsi in poteste sunt ejus c. To which I answer that these words onely prove the Emperour in the Roman State to be the highest Officer and Magistrate under God of any one particular person not that he was the Soveraigne highest power above the Senate and people collectively considered And the occasion of these words will discover the Authors intention to be no other which was this The Christians in that age were persecuted and put to death by Scapula President of Carthage to whom Tertullian writes this Booke because they refused to adore the Emperour for a God to sweare by his Genius and to observe his solemnities and triumphs in an Ethnicall manner as is evident by the words preceding this passage Sic circa Majestatem Imperatoris infamamur c. and by sundry notable passages in his Apologeticus In answer to which accusation Tertullian reasons in the Christians behalfe that though they adored not the Emperour as a God yet they reverenced him as a man next under God as one onely lesse then God as one greater then all others whiles lesse onely then the true God and greater then the Idol Gods themselves who were in the Emperours power c. Here was no other thing in question but whether the Emperour were to be adored as God not whether he or the Roman Senate and people were the greatest highest Soveraigne power And the answer being that he was but a man next under God above any other particular officer in the Roman State is no proofe at all that he was paramount the whole Senate and people collectively considered or of greater Soveraigne power then they which the premises clearely disprove Adde that this Father in his Apologie thus censures the Pagan Romans for their grosse flattery of their Emperours whom they feared more then their Gods appliable to our present times Siquidem majore formidine callidiore timiditate Caesarem observatis quam ipsum de Olympo Jovem c. adeo in isto irreligiosi erga dees vestros deprehendimini cum plus timoris humano Domino dicatis citius denique apud vos per omnes Deos quam per unum genium Caesaris pejeratur Then he addes Interest hominis Deo cedere satis habeat appellari Imperator grande hoc nomen est quod a Deo tradetur negat illum imperatorem qui deum dicit nisi homo sit non est imperator Hominem se esse etiam triumphans in illo sublimissimo curru admonetur Suggeritur enim ci a tergo Respice post te hominem memento te Etiam hoc magis gaudet tanta se gloria coruscare ut illi admonitio conditionis suae sit necessaria Major est qui revocatur ne se deum existimet Augustus imperii formator ne Dominum quidem dici se volebat et hoc enim Dei est cognomen Dicam plane Imperatorem Dominum sed more communi sed quando non cogor ut Dominum Dei vice dicam Concluding thus Nullum bonum sub exceptione personarum administramus c. lidem sumus Imperatoribus qui vicinis nostris Male enim velle male facere male dicere male cogitare de quoquam ex aequo vetamur Quodcunque non licet in Imperatorem id nec in quenquam quod in neminem eo forsitan magis nec in ipsum qui per deum tantus est c. From which it is evident that the Christians did not deifie nor flatter their Emperours more then was meet and deemed they might not resist them onely in such cases where they might resist no others and so by consequence lawfully resist them where it was lawfull for them to resist other private men who did injuriously assault them If then the Roman Emperors were not the highest Soveraigne power in the Roman State when Paul writ this Epistle but the Roman Senate and State as I have cleared and if the Parliament not the King be the supremest Soveraigne power in our Realme as I have abundantly manifested then this objected Text so much insisted on by our opposites could no wayes extend to the Roman Senate State or our English Parliament who are the very higher powers themselves and proves most fatall and destructive to their cause of any other even by their owne Argument which I shall thus doubly discharge upon them First that power which is the highest and most soveraigne Authority in any State or kingdome by the Apostles and our Antagonists owne doctrine even in point of conscience neither may nor ought in what case soever say our opposites to be forcibly resisted either in their persons ordinances commands instruments offices or Armed Souldiers by any inferiour powers persons or subjects whatsoever especially when their proceedings are just and legall under paine of temporall and eternall condemnation But the Senate among the Romans not the Emperour and the Parliament in England not the King really were and are the higher Powers and most soveraigne Authority Therefore by the Apostles own Doctrine even in point of conscience they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever either in their Persons Ordinances Commands Instruments Officers or Armed Souldiers by the King himselfe his Counsellors Armies Cavaliers or by any inferiour powers persons or Subjects whatsoever especially when their proceedings are just and legall as hitherto they have beene under paine of temporall and eternall condemnation I hope the Doctor and his Camerads will now beshrew themselves that ever they medled with this Text and made such a halter to strangle their owne treacherous cause and those who have taken up armes in its defence Secondly that Power which is simply highest and supreame in any State may lawfully with good conscience take up Armes to resist or suppresse any other power that shall take up armes to subvert Religion Lawes Liberties the Republike or the just Rights and Priviledges of the Subject or of this higher power This is our opposites owne argumentation Therefore the Parliament being in verity the highest supreame Power in our State may lawfully with good conscience take up Armes to resist or suppresse his Majesties Malignant Popish Forces or any other power which already hath or hereafter shall be raised to subvert Religion Lawes Liberties the Republike just Rights and Priviledges of Parliament
poenitentia pium quam imperto scoelestâ—â—m 〈…〉 confessus A memorable story of a zealous stout Prelate and of a penâ—tent submissive wild Prince I shall only adde to this some few domestick presidentâ— of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgistiâ— another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him 〈◊〉 Christian communion Whereupon Toudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun 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 Euchâ—rist 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 absolution 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. Iudhail 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 Cerenlyir 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 former 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 Synode 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 treacherously putting out the eyes of Etguin during the truce between them After which he was again publikely excommunicated 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 lands 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 Henringuinna 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 sublimâ— 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 apart 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 diver 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 afault 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 in imitation 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
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 date 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 sence and reason that any man or Nation should so absolutely irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants and such a thing as no man no Nation in their right sences were they at this day to erect a most absolute Monarchie would condescend to then clearly the Apostle here confirming onely the Ordinances of men and giving no Kings nor Rulers any other or greater power then men had formerly granted them for that had been to alter not approve their humane Ordinances I shall infallibly thence inferre That whole States and Subjects may with safe conscience resist the unjust violence of their Kings in the foresaid cases because they never gave them any authority irresistably to act them nor yet devested themselves much lesse their posterity whom they could not eternally inslave of the right the power of resisting them in such cases whom they might justly resist before whiles they were private men and as to which illegall proceedings they continue private persons still since they have no legall power given them by the people to authorize any such exorbitances Fourthly The subjection here enjoyned is not passive but active witnesse ver 15. For so is the will of God that by WELL DOING to wit by your actuall cheerfull submission to every Ordinance of man for the Lords sake c. you put to silence the ignorance of foolish men as free and not using your liberty c. If then this Text be meant of active not passive obedience then it can be intended onely of lawfull Kings of Magistrates in their just commands whom we must actually obey not of Tyrants and Oppressours in their unjust wicked proceedings whom we are bound in such cases actually to disobey as our Antagonists grant and I have largely evidenced elsewhere Wherefore it directly commands resistance not subjection in such cases since actuall disobedience to unjust commands is actuall resisting of them And that these Texts prescribing resistance tacitely should apparantly prohibit it under pain of Treason Rebellion Damnation is a Paradox to me Fifthly This Text doth no way prove that false conceit of most who hence conclude That all Kings are the Supream Powers and above their Parliaments and whole Kingdoms even by Divine institution There is no such thing nor shadow of it in the Text. For first This Text calls Kings not a Divine but Humane Ordinance If then Kings be the Supreamest Power and above their Parliaments Kingdoms it is not by any Divine Right but by Humane Ordination onely as the Text resolves Secondly This Text prescribes not any Divine Law to all or any particular States nor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before for if it should give Kings greater Authority and Prerogatives then their people at first allotted them it should alter and invade the settled Government of all States contrary to the Apostles scope which was to leave them as they were or should be settled by the peoples joynt consent It doth not say That all Kings in all Kingdoms are or ought to be Supreame or let them be so henceforth no such inference appears therein It speaks not what Kings ought to be in point of Power but onely takes them as they are according to that of Rom. 13. 2. The Powers that ARE c. to wit that are even now every where in being not which ought to be or shall be whence he saith Submit to the King as supreame that is where by the Ordinance of man the King is made supreame not where Kings are not the supreamest Power as they were not among the ancient Lacedemonians Indians Carthaginians Gothes Aragonians and in most other Kingdoms as I have elsewhere proved To argue therefore We must submit to Kings where the people have made them supreame Ergo All Kings every where are and ought to be supreame Jure divino as our Antagonists hence inferre is a grosse absurdity Thirdly This Text doth not say That the King is the supreame soveraigne Power as most mistake but supreame Governour as the next words or Governours c. expond it and the very Oath of Supremacie 1. Eliz. Cap. 1. which gives our Kings this Title Supreame Governour within these his Realms Now Kings may be properly called Supreame Magistrates or Governours in their Realms in respect of the actuall administration of government and justice all Magistrates deriving their Commissions immediately from them and doing justice for and under them and yet not be the Soveraign Power as the Romane Emperours the Kings of Sparta Arragon and others the German Emperours the Dukes of Venice in that State and the Prince of Orange in the Nether-lands were and are the Supreame Magistrates Governours but not the Supreame Severaigne Powers their whole States Senates Parliaments being the Supreamest Powers and above them which being Courts of State of Justice and a compound body of many members not alwayes constantly sitting may properly be stiled The Supreame Courts and Powers but not the Supreame Magistrate or Governour As the Pope holds himself the Supreame Head and Governour of the Militant Church and the Arch-Bishop of Canterbury stiles himself the Primate and Metropolitane of all England and so other Prelates in their Provinces yet they are not the Soveraigne Ecclesiasticall Power for the King at least Generall Councells or Nationall Synods which are not properly tearmed Governours but Power are Paramount them and may lawfully censure or depose them as I have elsewhere manifested To argue therefore that Kings are the highest Soveraign Power because they are the highest particular Governours and Magistrates in their Realms as our Antagonists do is a meer Fallacie and Inconsequent since I have proved our own and most other Kings not to be the highest Powers though they be the Supreamest Governours Fourthly This Text speaks not at all of the Romane Emperour neither is it meant of him as Doctour Fernâ— with others mistake who is never in Scripture stiled a King being a Title extreamly odious to the Romanes and for ever banished their State with
an Oath of execration by an ancient Law in memory whereof they instituted a speciall annuall Feast on the 23. of February called Regifugium the hatred of which Title continued such that Tully and Augustine write Regem Romae posthac nec Dii nec Homines esse patiantur And Caesar himself being saluted King by the multitude perceiving it was very distastfull to the States answered CAESAREM SE NON REGEM ESSE which Title of Caesar not King the Scripture ever useth to expresse the Emperour by witnesse Matth. 22. 17 21. Mark 12. 14 16 17. Luke 2. 1. chap. 20. 22 24 25. chap. 23. 2. John 19. 12 15. Acts 11. 28. chap. 17. 7. chap. 25. 8 10 11 12 21. chap. 26. 32. chap. 27. 24. chap. 28. 19. Phil. 4. 22. Which Texts do clearly manifest that no Title was ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Jews was written onely to the dispersed Jews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Jews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Josephus the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Jews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Josephus Philo Judaeus de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under-Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Jews being inferiour to their whole Senates and Congregations and to do all by their advice as Josephus Antiq. Jud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Jews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Jewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three Arguments The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly for a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepberds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrines and open assaults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assaults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common
and fight with this their weapon That it is unlawfull for Christians to fight or make so much as a defensive warre against invading Forraign barbarous Enemies of whom this Father speaks And then if the Irish Rebels Danes Spaniards French should now invade England both against the Kings and Kingdoms Wills we must make no forcible resistance at all against them with Arms in point of conscience but onely use prayers and teares This is the uttermost conclusion which can properly be hence deduced which our Antagonists will confesse to be at least erronious Anabaptisticall if not Hereticall Secondly You must consider who it was that used this speech Ambrose a Minister then Bishop of Millain who by reason of this his function being an Ambassadour of Peace had his hands bound from fighting with any other weapons even against invading forraign Enemies but only with the sword of the spirit prayers and tears and that his calling only was the ground of this his speech is infallible by the latter clause thereof which our Opposites cunningly conceale Prayers are my Armes For such are the Defensive Armour OF PRIESTS Otherwise I NEITHER OVGHT NOR CAN RESIST Why so Because he was a Minister a Bishop and Paul prohibites such to be STRIKERS Tit. 1. 7. 1 Tim. 3. 3. and because Priests under the Law did but blow the Trumpets and never went out armed to the warres Josh 6. Upon which ground Divers Councells Decretalls Canonists expresly prohibit and exempt Priests and Bishops from bearing Arms or going to Warre though many of them have turned great Souldiers and been slain in warres Hence Anno 1267 in a Parliament held at Bury K. H. 3 d. and Ottobon the Popes Legat demanded of all the Bishops and Clergy men holding Barronies or Lay-fees that they should go personally armed against the Kings enemies or finde so great service in the Kings expedition as appertained to so much Lands and Tenants To which they answered That THEY OUGHT NOT TO FIGHT WITH THE MATERIALL SWORD no not against the Kings Enemies But with the spirituall to wit with humble and devoute tears and prayers using these words of Ambrose And that for their benefices they were bound to maintain Peace NOT WARRE Hence our King Richard the first taking the Bishop of Beauvoyes in France his great Enemy armed from top to toe prisoner in the field commanded him to be strictly kept in prison in his arms and would by no means suffer him to put them off for which hard usuage he complained to the Pope and procured his letter to King Richard to free him from his arms and restraint in which Letter the Pope sharply reproves the Bishop for preferring the secular warfare before the spirituall in that he had taken a Speare insteed of a Crosier an Helmet in liew of a Miter an Habergion insteed of a white Rochet a Target in place of a Stole an Iron-sword insteed of a spirituall sword After which the King sent his Arms with this Message to the Pope See whether this be thy sonnes Coat or not Which the Pope beholding answered No by Saint Peter It is neither the apparell of my sonnes nor yet of my Brethren but rather the vesture of the sonnes of Mars And upon this ground Our Bishops anciently when Members of Parliament departed the house when Cases of Treason or Felony came in question because they might not by the Canons have their hands in bloud This then being Ambrose his direct words and meaning That he neither ought nor could use any other Weapons against the invading Gothes and their forces but prayers and tears because he was a Minister not a Bishop a Lay-man The genvine Argument that our opposites can thence extract is but this Priests must use no other Defensive Arms but prayers and tears against invading forraign Enemies Ergo The Priests and Ministers in his Majesties Armies who bear Offensive Arms must now in conscience lay them down and use no other resistance but prayers and tears against the Parliaments forces where as their former inference against resistance Ergo It is altogether unlawfull for the Parliament or any Lay-Subjects by their command to defend Religion Laws Liberties against his Majesties invading forces who intend by force to subvert them is but ridiculous nonsence which never once entred into this Fathers thoughts and can never be extorted from his words Ministers of the Gospel must not use any Arms but prayers and tears to resist a forraigne Enemy Ergo None else may lawfully use them to withstand an invading adversary Is a conclusion fitter for Anabaptists then Royallists who may now with shame enough for ever bid this authority adieu with which they have hitherto gulled the ignorant World And henceforth turn it against the Commission of Array enjoyning Bishops and Clergy men to array and arme themselves as well as other men as the Presidents cited in Judge Cooke his Argument against Ship-money in the Parliaments two Declarations against the Commission of Array and in the Answer published in the Kings name to the first of them plentifully evidence Finally Hence I infer That Clergy men may and must fight against their invading Enemies with prayers tears the Weapons which they may lawfully use as proper for their callings Ergo Lay-men may and must resist and fight against them with corporall Arms since they are as proper for them in cases of needfull defence as these spirituall Arms are for Priests The second Authority is that of Nazienzen Oratio 2. in Julianum Repressus of Julianus Christianorum lachrymis quas multas multi profuderunt HOC VNVM or Solum as Grotius translates it adversus persecutionem medicamentum habentes To which I shall adde by way of supply this other passage Nos autem quibus NVLLA ALIA ARMA nec muri nec praesidia praeter spem in Deum reliqua erant Vtpote OMNI HVMANO SVBSIDIO PRORSVS DESTITVTIS ET SPOLIATIS quem tandem alium aut precum auditorem aut inimicorum depulsorem habituri eramus quam Deum Jacob qui adversus superbiam jurat From whence they conclude that Christians must use no other weapons but prayers and tears against Tyrants and oppressors To which I answer First that it is cleare by this that Christians may use prayers and teares against Tyrants and oppressors Secondly that these are the most powerfull prevailing Armes both to resist and conquer them This the opposites readily grant Therefore by their own confession Christians both may and must resist tyrants by the most powerful effectual means that are Tyrants therefore are not the higher Powers Kings Rulers which Paul and Peter in the fore-objected texts enjoyne men under paine of damnation to be subject and obedient to for conscience sake and no waies to resist since they may resist them with the powerfullest armes of all others prayers and teares Thirdly if they may be lawfully resisted with these most prevailing armes notwithstanding
prohibiting but allowing it and these Fathers producing no one text which truly condemnes it this being the very summe of their words That though 〈◊〉 Christians were exceeding many in number of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters and had full liberty and no restraint upon them in point of Conscience either to withstand their persecutors with Armes or to withdraw themselves from under the jurisdiction of their persecuters into remote parts to the great weakning and losse of the State yet such was their patience innocency and desire of Martyrdome that they resisted not their Adversaries with force nor retired nor fled away from under their obedience but cheerfully without the least resistance by word deed or thought yeelded up their Bodies Liberties Lives to the cruelties of their Enemies to obtaine that Crowne of Martyrdome which they desired and to offer up themselves a voluntary freewill oblation to the Lord who would certainly avenge all their wrongs This is the sum of all these Authorities which evidence resistance lawfull in it selfe and to these Christians too in their owne judgements and resolutions though the desire of Martyrdome made them freely to forbeare it These Examples and Authorities therefore abundantly corroborate and no wayes impeach our cause Thirdly their examples of not resisting Persecuters being rather voluntary then enjoyned out of a longing desire to be Martyrs and an assurance of divine vengeance to be executed on their Persecuters is no restraint nor ground at all for other Christians now not to use any forcible resistance it being a grosse inconsequent to argue The Primitive Christians voluntarily refused to defend themselves with force of Armes against their Persecuters though they were not bound in point of Conscience from such resistance and had both liberty and power to resist Ergo Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves then had and since enjoy by Gods and Natures Law Yet this is all the argument which can be ingeniously framed from these Authorities and Examples the absurdity whereof I shall thus further illustrate from like Precedents We know first That the primitive Christians out of a desire of martyrdome not only refused to resist but to flee away from their Persecuters when they might safely doe it some of them holding it unlawfull and dishonourable to flee in such a case by name Tertullian in his booke De fuga in persecutione Will our Opposites from hence inferre Ergo it is unlawfull for Christians not onely to resist but even to flee from their Persecuters or his Majesties murdering plundering Forces Or for them selves to flee not onely from the Parliaments Forces but Justice too as many of them have done yea made escapes against Law to flee therefrom If the Christians not fleeing binde neither them nor us not to flee now why should their not resisting onely doe it Secondly The Primitive Christians ran to the stake of martyrdome when they were neither accused cited persecuted by any freely confessing themselves Christians and rather desiring presently to die Martyrs then live Christians and reputing is worse then death not to be admitted to or delaied the honour of being Martyrs of which we have infinite Presidents in Ecclesiasticall Histories commonly known and over-tedious to recite I shall onely instance in Julian the Apostates Christian Souldiers who being over-reached by him under colour of a largesse to throw some Frankincense into a fire secretly kindled by the Emperour in honour of an Idol they dreaming of no such thing and doing it onely as 〈◊〉 〈◊〉 plementall Ceremonie as soon as they heard how the Emperour had over-reached them and given out speeches that they had sacrificed to his Idol presently rising from the feast prepared for them in a fury inflamed with zeale and wrath ran through the Market place and cried out openly Wee are Christians Wee are Christians in minde let all men heare it and above all God to whom we both live and will also die O Christ our Saviour we have not broken our faith plighted to thee If our hand hath any way offended verily our minde followed it not at all we are circumvented by the Emperours fraud with whose gold we are wounded We have put off impiety we are purged by blood After which posting speedily to the Emperour and casting away their gold with a generous and strenuous minde they exclaimed against him in this manner O Emperour we have not received gifts but are damned with death We are not called for our honour but branded with ignominie Give this benefit to thy Souldiers kill and behead us unto Christ to whose Empire onely we are subject Recompence fire for fire for those ashes reduce us into ashes Cut off the hands which we have wickedly stretched out the feet wherewith we have perniciously run together Give gold to others who will not afterwards repent they have received it Christ is enough and more then sufficient unto us whom we account in stead of all The Emperour enraged with this speech refused to slay them openly lest they should bee made Martyrs who as much as in them lay were Martyrs but onely banished them revenging this their contempt with that punishment Will it then follow from these memorable examples That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces now in Arms to extirpate the Protestant Religion in both Kingdoms or that the Members of both Houses must go speedily to Oxford to the King and his evill Counsellors and there let them kill hang burne quarter slay execute torture them subvert Religion Laws Liberties Parliaments without the least resistance Or will our Opposites hence conclude as they may with better Judgement and Conscience doe Ergo all such persons voted Traitors and Delinquents in any kinde by both Houses of Parliament ought now in point of Conscience to avoid the effusion of blood and ruine of the Realm through the civill warres they have occasioned to lay down their Arms and voluntarily resigne up themselves to the impartiall Justice of the Parliament without any the least resistance for the future If no such Doctrinall or Practicall conclusions may be drawne from these their Precedents of voluntary seeking and rendring themselves up to the Martyrdome of their Opposites then the unlawfulnesse of resisting cannot be inferred from this their non-resisting Thirdly how many cowardly Souldiers in all ages and in this too have voluntarily yeelded up Forts Castles Ships Armes Persons to their invading approaching enemies without fight or resistance How many persons have resigned up their Purses to high-way theeves their Lands to disseisors their Houses Goods to riotors their Ships Estates Persons to Turkish and other Pirats