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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56211	The soveraigne povver of parliaments and kingdomes divided into foure parts· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...; Soveraigne power of parliaments and kingdomes	Prynne, William, 1600-1669.	1643 (1643)	Wing P4087A; ESTC R203193	824,021	610

their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Tr●silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the n●xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names tho●e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight

irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve ●he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appeal●s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent ● ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the D●legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Trea●on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supream●st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and final● Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have

goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spens●r wh●m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after mu●h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be p●epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament h●lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority

RIGHTFVLL LAWES and Customes the which THE COMMONS OF YOVR REALME SHALL CHVSE in the future and where but in the Parliament House when and where they meet together to make good Laws and shall strengthen and maintain to the worship of God after your power The King shall answer I grant and behe●e But that which puts this past all doubt is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protectour and Kings Councell in words but not sence Doe you grant to make NO NEW LAWES but such as SHALL BE to the honour and glory of God and to the good of the Common-wealth and that the same SHALL BEE MADE BY CONSENT OF YOVR PEOPLE AS HATH BEEN ACCVSTOMED Where this clause of the Oath referres wholly and onely to future new LAWES to be chosen and made by the Peoples consent not to Lawes formerly enacted And certainly it must do s● else there would be much Tautology in this short solemne Oath unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages and for our Kings in discretion to take For the first clause of the Oath both in the Latin French and English Copie● of ancient and present times is this Sir will you grant and keep and by your oath confirme to the people of England THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND rightfull men and devout to God and namely the Lawes and Customes and Franchises granted to the Clergy and to the people by the glorious King Edward to your power Which clause relating to all Lawes and Customes granted by forme● Kings to the people if this latter clause should be in the pretertense too HATH CHOSEN as the King and his mistaken Counsell object it would be a meer Su●plusage or Battology yea the same insubstance with the first part of the oath and ou● Kings should be onely bound by their oathes to observe their Ancestors Lawes not their owne as they now argue the reason perchance why the Petition of Right and our other new Lawes are so ill observed which is ridiculous to imagine And whereas they obiect that the word CVSTOMS joyned to lawes in the last clause cannot be meant of such Customes as the people shall chuse after the Oath made because all Customes are and must be time out of minde The Answer is very easie For Customes here are not taken strictly for ancient usages time out of minde but for Statutes Franchises just Liberties or Taxes for the Kingdoms defence chosen freely granted by the Commons or people and to be confirmed by the King in Parliament as appears by the first clause of the oath the laws customs granted to them by the ancient Kings of England And by Bracton himself who expounds this clause of the oath to relate to future Laws newly made by our Kings after their Coronations in this observable passage Hujusmodi vero leges Anglicanae CONSVETVDINES regum authoritate jubent quandoque quandoque vetant quandoque vindicant puniunt transgressores quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIVM ET SACRAMENTO REGVM CONFIRMATAE mutari non poterunt nec destrui SINE COMMVNI CONSENSV EORVM OMNIVM quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATAE Now no Customes properly so called can commence by way of grant especially of the King alone but only by the people and common usage for a good space of time as the Customes of Gavelkinde Burrough English and such like never granted nor commenced by Charter or Act of Parliament did and if the King by Charter or Act of Parliament should grant a new Custome before it were a Custome in this sense it would be utterly void in law because there was no such custome then in being and no gran● or act can make or create a custome or prescription that had no former being Therefore Custome in this oath coupled with just and reasonable must needs be meant only of such iust and reasonable statutes liberties privilidges immunities aides taxes or services for the subjects ease and benefit and the publike service as they upon emergent occasions shall make choice of in Parliament of whose iustnesse and reasonablenesse not the King alone but the grand Councell of the Kingdom assembled in the Parliament to this very end to iudge of make and assent to iust and profitable Laws are and ought to be the proper Iudges as I have elswhere manifested and the very words of the oath QVAS VVLGVS ELIGERIT to which justas leges consuetudines relates resolve beyond contradiction And King David and Achish both were of this opinion 1 Chron. 13. 1. to 6. 2 Sam. 18 2 3 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe and Saunel too 1 Sam. 8. 4 to the end Fifthly Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons To instance in some few of many the ancient statutes of Marlbridge begin thus The yeare of grace 1267. for the better estate of the Realme of England and for the more speedy ministration of Iustice AS BELONGETH TO THE OFFICE OF A KING the more discreet men of the Realme being called together as well of the higher as of the lower estate It was provided agreed and ordained that whereas the Realme of lat● had beene disquieted with manifold troubles and distractions for reformation whereof statutes and lawes BE RIGHT NECESSARY whereby the peace and tranquility of the people may be conserved wherein the King intending to devise convenient remedy hath made these Acts underwritten The statutes of 3 Edw. 1. have this Prologue These be the Acts of King Edward c. at his first Parliament generall after his Coronation Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church and of the Realme c. the King hath ordained and established these Acts underwritten which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme And cap. 17. in the Marches of Wales and elsewhere where the Kings Writs be not currant the King which is chiefe and soveraigne Lord there SHALL DOE RIGHT THERE unto such as will complaine And cap. 48. The King hath ordained these things unto the honour of God and holy Church and for the commonwealth and for the remedy of such as be grieved and for as much as it is great charity which is oft times put for Iustice as here TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE by assent of all c. it was provided The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced For the great mischiefs and disinherisons that the people of the

moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of It●ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to d●ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brie●e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during ●ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo au●em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guard● to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their pa●terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracli●●● or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris om●is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that

his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherin he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnum● where first of all they appointed six men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. S●ottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders ●ighest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England cōstituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safe● conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good men and then spoiled and burned the Towne Country with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne Iames the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation took up Armes to de●●roy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Gene●all the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after

his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the

as Kings are a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words REX EADEM GRATIA Episcopo attest But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed thnotith standing their divine right and institution as the Canons of most Councels we practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in Publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. Iohn Selden in his Titles of Honour part 1. chap. 7. Sect. 2 p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefely answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and si●ke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sictly the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene annoynted when they were crowned as Mr. Selden Proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour it we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about they yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Vial at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had ●his Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Iudah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken poss●ssion The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man

Magistrates The second reason is this The Invasions and oppressions of evill Kings and Tyrants are afflictions and punishments inflicted on us by God Therefore we ought patiently to submit unto them and not forcibly to resist them I answer First The invasions of Forraign Enemies are just Iudgements and punishments sent upon men by God as were the invasions of the Danes Saxons and Normans in England heretofore of the Spaniards since Ergo we ought not to resist or fight against them The present rebellion of the Papists in Ireland is a just punishment of God upon this Kingdom and the Protestant party there Ergo Neither we nor they ought in conscience to resist or take Arms against them Every sicknesse that threatens or invades our bodies is commonly an affliction and punishment sent by God Ergo We must not endeavour to prevent or remove it by Physick but patiently lye under it without seeking remedy Injuries done us in our persons estates names by wicked men who assault wound rob defame us are from God and punishments for our sins Ergo We may not resist them Yea Subjects Rebellions Treasons and Insurrections against their Princes many times are punishments inflicted on them by God displeased with them as the Statute of 1 Ed. 6. c. 12. resolves and the Scripture too Ergo Kings ought not to resist or suppresse them by force of Arms If all these Consequences be absurd and idle as every man will grant the objection must be so likewise I read That in the persecution of the Hunnes their King Attila being demanded of by a religious Bishop of a certain Citie who he was when he had answered I am Attila the scourge of God The Bishop reverencing the divine Majesty in him answered Thou art welcome ô Minister of God and ing●minating this saying Blessed be he that cometh in the Name of the Lord Opene● the Church door and let in the persecutor by whom he obtained the Crown of Martyrdom not daring to exclude the scourge of the Lord knowing that the beloved sonne is scourged and that the power of the scourge it self is not from any but God Will it hence follow That all Christians are bound in conscience to do the like and not to resist the barbarous Turks if they should invade them no more then this Bishop did the bloudy Pagan Hunnes because they are Gods wrath I trow not One Swallow makes no Summer nor this example a generall president to ●inde all men The third reason is thi● Saints forci●le resistance of Tyrants begets civill warres great disorders and many mischiefs in the State Ergo It is unlawfull and inconvenient I answer First That this doctrine of not resisting Tyrants in any case is farre more pernicious destructive to the Realm then the contrary because it deprives them of all humane means and possibilities of preservation and denies them that speciall remedy which God and nature hath left them for their preservation Laws denyall of Subsidies and such like remedies prescribed by Doctor Ferne being no remoraes or restraints at all to armed Tyrants Wherefore I must tell thee Doctor Theologorum utcunque dissertissimorum sententiae in h●●c controversia non sunt multo faciendae quia quid sit Lex humana ipsi ignorant as Vasquius controvers Illustr 81. 11. determines Secondly The knowledge of a lawfull power in Subjects to resist Tyrants will be a good means to keep Princes from Tyrannicall courses for fear of strenuous resistance which if once taken away there is no humane bridle left to stay the Inundation of Tyranny in Princes or great Officers and all Weapons Bulwarks Walls Lawes Armes will be meerly uselesse to the Subjects if resistance be denyed them when there is such cause Thirdly Resistance only in cases of publike necessity though accompanied with civill warre serves alwayes to prevent farre greater mischiefs then warre it self can produce it being the only Antidote to prevent publike ruine the readiest means to preserve endangered to regaine or settle lost Liberties Laws Religion as all ages witnesse and to prevent all future Seditions and Oppressions Fourthly Desperate diseases have alwayes desperate remedies Malo nod● malus cuneus When nothing but a defensive warre will preserve us from ruine and vassalage it is better to imbrace it then hazard the losse of all without redemption Ex duobus malis minimum All Kingdoms States in cases of necessity have ever had recourse to this as the lesser evill and why not ours as well as others The last and strongest Objection as some deem it is the sayings if some Fathers backed with the examples of the primitive Christians to which no such satisfactory answer hath hitherto been given as might be The first and grandest Objection against Subjects forcible resistance and defensive warre is that speech of Saint Ambrose Lib. 5. Orat. in Auxentium Coactus repugnare non audeo dolere potero potero fler● potero gemere adversus arma milites Gothos Lachrymae meae arma sunt talia enim sunt munimenta sacerdotum ALITER NEC DEBEO NEC POSSVM RESISTERE This chiefe Authoritie though it makes a great noise in the world if ●olidly scanned will prove but Brutum fulmen a meer scar-crow and no more For first Ambrose in this place speaks not at all of Subjects resisting their Princes or Christians forcible resisting of the persecuting Romane Emperours but of resisting Valentin● and the Arms and Souldiers of the Gothes who at that time over ran Italy and sacked Rome being mortall Enemies to the Romans the Roman Emperour● Saint Ambrose and Millain where he was Bishop This is evident by the expresse objected words I can griev● I can weep I can mourn to wit for the wasting of my native Country Italy by the Invading Enemies the Gothes against Armes Souldiers GOTHES marke it my tears are Weapons c. If any sequell can be hence properly deduced it must be that for which the Anabaptists use it from whence our Opposites who tax the Parliaments Forces for Anabaptists when themselves are here more truly such 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

Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an A●my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers th●y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestie●s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando temp●ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoriti● of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledg● That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortig●rne Sigebert Osred Ethelred B●ornard Leow●lfe Edwine whom th●y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentir● debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemi●s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of W●oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a ●leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fear●d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privat●ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Woo●●des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silv●r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very

ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large of progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I doubt not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince Duke the Kings Forts his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enfor●ement to over-power the Protestant party in the Kings Armies no understanding man can withou● fear and trembling co●sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Capitall both by the Civil and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for t●is their cowardize Yea Lacaena and Dametria two magnanimous Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming them as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a pun●shment farre worse then death it self writes Diodorus Siculus where as all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of G●mines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with the enemy The Case of Iohn Walsh Esquire accused of high Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as be might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in passing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so the resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Ann●sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Iulian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Iuliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immemor religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ●jus in ●●ternum pu●r●scet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia

dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from ●er Councells and was wholly advised by David Ritzius a Suba●dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen bes●eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamilt●ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Len●ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What th● Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fu●ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obno●ious to the changes of times but of those ingraven in the mindes of men