Selected quad for the lemma: head_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
head_n	body_n	member_n	mystical_a	10,421	5	11.0632	5	true

Text snippets containing the quad

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

subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a King cannot doe any thing else in earth seeing he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Po●itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects ●ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE

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 h●d 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 Iure 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. expound 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 Soveraigne 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 Powers 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 Ferne 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

wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and among other Priviledges this is the highest that it is above the Law it selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people Yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince he bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as Bracton and others forecited say our English King hath namely his Earles and Lords thence stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or

the Iudges or Iustices of either Bench Eyer Assize or Oyer and Terminer being in their places doing their Offices though by the Kings command as is clear by 25 E. 3. c. 2. and all our Law Books then much more must it be high Treason against the King and Kingdom to warre against the highest Court of Parliament or slay any Member of it for doing their Offices and executing the Houses just Commands If bare mis-Councelling the King to the prejudice of the Kingdom hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments as appears by the forecited Histories of Gaveston the two Spensers Alexander Nevill De la Pole Trysilian and others then what is it to miscou●cell and assist him to make an offensive War against his Parliament Kingdom people for to ruine them certainly this must be high Treason against King and Realm in the superlative degree If the Parliament and Kingdom be destroyed or their hearts blood shed their vitall spirits let out by an unnaturall War against them the King himself at least in his royall Capacity as King and his royall posterity too must necessarily be unkinged and overwhelmed in their ruines but if the Kingdom stand and flourish for whose Peace and safety Kings themselves ought not onely to lay down their Crowns but lives as Christ the King of Kings hath resolved and the High Priest too though the King should die or perish as all Kings ever were and will be mortall yet their posterity may enjoy the Crown and reign in honour in prosperity after their death which they cannot do if the Kingdom perish Therefore all those Malignants Papists Delinquents and others who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruine them though by the Kings own illegall Commission or Command are not onely Arch-traytors to the Parliament and Realm alone but likewise to the King himself and his Posterity too in the very judgement of Law whose blood is shed whose Crown and Royalty subverted ruined in the bloodsh●d ruine destruction of his Parliament Kingdom people As it is in the naturall so likewise in the politic● Body a mortall wound in any part of the body kills both body and head the body naturall or politicke cannot die or miscarry but the head must do so likewise therefore this War against the Parliament and Kingdom must in point of Law and Conscience too be a War against the King himself the chief politick head and member of them both from which he cannot legally be severed and high Treason at least against them both as the Parliament the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in th●se positive words The Lords and Commons do declare That all such persons as shall upon any pretence whatsoever assist his Majesty in this war with Horse Arms Plate or Money ARE TRAYTORS TO HIS MAJESTIE THE PARLIAMENT AND THE KINGDOM and shall be brought to condigne punishment for so high an offence which they have since seconded in sundry other Declarations and Impeachments In brief the Gunpowder plot in 3. Iacobi to blow up the Parliament House was then adjudged resolved by the Parliament King and Judges to be high Treason not onely against the King but Parliament and Kingdom too and to blow up or assault the Parliament now in the Kings absence is questionlesse High Treason both against the King Parliament and Kingdom Yea the Statute of 28. H. 8. c. 7. declares those who shall claim the Crown even of right in any oeher manner then is limited by vertue and authority of that Act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGH TRAITOURS TO THE REALM not the King and such their offence to be reputed HIGH TREASON and they for it to suffer such pains of death and forfeiture of Lands and Goods as in any cases of high Treason is used onely because it might in common probability ingender a Civil war and Dissentions in the Kingdom to be destruction of the people and their posterities much more then must it be high Treason against the Realm and those High Traitours who now actually wage War against the Parliament the Kingdom and destroy the Subjects and their estates in divers places which they have burned sacked ruined I read in Fabian that Eguiran chief Councellour to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALM OF FRANCE as our Powder Traitors were executed for high Treason against the King and Realm of England of late and Gaveston with the Spensers heretofore By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. 1. Mariae c. 6. certain offences are declared and made high Treason and the committers of them Traitours and enemies not onely to and against the King but likewise TO AND AGAINST THE REALM and in particular the illegall indicting of some Lords to destroy them as guilty of high Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown in 10 R. 2. c. 1. and the opposing and annulling of that Commission and of some Processe Iudgements Executions made given and affirmed in some of these Parliaments raising forces and leavying war against the Parliament and Members of it to destroy them were then adjudged high Treason both against the King and THE REALM though done by the Kings expresse Commission and command The reason is because the King himselfe and the whole Realm in judgement of Law are ever legally present in and with his Parliament when they sit as I have already proved where ever the Kings person is and his royall legall will of which alone the Law takes notice is ever presumed to concur with his greatest Counc●ll the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seal to do ought against Magna Charta the Subj●cts liberty● safety property the Parliaments Priviledges the Common or Statute Laws of the Realm all which together with the Kings Coronation Oath and the Prologues of most old Parliaments expresly prohibit the levying of war killing wounding murthering imprisoning disinheriting robbing or plundering of the Subjects without legall triall or conviction as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welchmen issue out to any person or persons whatsoever especially to raise forces or levie war against the Parliament or Subjects they are meerly void in Law and will rather aggravate then extenuate the guilt

ad impetum eorum qui nos volunt occid re Or that example of the Christian Theban Legion slain without the least resistance for their Religion who as an ancient Martyriologer saith Caed bantur passim g●adi is non reclamantes sed d●positis armis cervices persecutoribus vel intectum corpus offerentes warrant this deduction Ergo no Christians now must resist their invading enemies on the Sabbath day but must offer their naked bodi●s heads throats unto their swords and violence If not then these examples and autho●ities will no wayes prejudice our present resistance Fourthly the Christians not onely refused to resist their oppressing Emperours and Magistrates who proceeded judicially by a kinde of Law against them but even the vulgar people who assaulted stoned slew them in the streets against Law as Tertullians words Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus incendiis c. manifest without all contradiction and indeed this passage so much insisted on relates principally if not onely to such assaults of the rude notorious vulgar which every man will grant the Christians might lawfully with good conscience forcibly resist because they were no Magistrates nor lawfull higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13 14. Either then our Antagonist must grant that it is unlawfull in point of Conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no Magistrates and that it is unlawfull now for any Christians to resist Theeves Pirats or beare defensive Armes as the Anabaptists from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive warre and to make the primitive Christians all Anabaptists in this particular Or else inevitably grant resistance lawfull notwithanding their examples and these passages of not resisting The rather because Tertullian in the next preceding words puts no difference at all between the Emperour and meanest Subjects in this case Idem sumus saith he Imperatoribus qui vicinis nostris malè enim velle malè facere malè dicere malè cogitare de quoquam ex aequo vetamur Quodcunq●e non licet in Imperatorem id n●c in quenquam Fifthly admit the Christians then deemed all forcible resistan●e of persecuters simply unlawfull in point of Conscience as being a thing quite contrary to Christian profession and Religion then as it necessarily proves on the one side That even Christian Kings Princes Magistrates must in no wise forcibly resist the tumultuous Rebellions Insurrections and persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obliged with them not to resist with Armes much lesse then their Parliaments Forces lawfully raised for the publike defence So on the contrary part it follows not that therefore resistance is either unlawfull in it selfe or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare opinion that it was unlawfull to them cannot make it so to them or us in point of conscience since God hath not made or declared it so Secondly the primitive Christians held many things unlawfull in point of Conscience which we now hold not so Tertullian and others informe us That the Christians in his time thought it a hainous sinne N●fas to pray kneeling on the Lords day or between Easter and Whitsontide and so by consequence to kneele at the Sacrament praying alwayes standing on those dayes in memory of Christs resurrection Which custome was ratified also by many Councels Yet then it was lawfull no doubt in it selfe for them to pray kneeling and we all use the contrary custome now The Christians then held it unlawfull to eat blood in puddings or any other meats as Tertullian Minucius Felix testifie and many Councels expressely prohibited it since as unlawfull Yet all Churches at this day deem it lawfull and practise the contrary The Christians in Tertullians dayes and he himselfe in a speciall Book De fuga in persecutione held it unlawfull to flee in times of persecution and therefore they voluntarily offered themselves to martyrdome without flight or resistance Yet we all now hold flying lawfull and all sorts practise it as lawfull yea many more then they ought to doe I might give sundry other instances of like nature The Christians opinion therefore of the unlawfulnesse of any armed resistance of Persecuters publike or private held they any such though seconded with their practice is no good argument of its unlawfulnesse without better evidence either then or at this present Thirdly the case of the Primitive Christians and ours now is far different The Emperours Magistrates and whole States under which they then lived were all Pagan Idolaters their Religion quite contrary to the Laws and false Religions setled in those States There were many Laws and Edicts then in force against Christian Religion unrepealed most Professors of Religion were of the lowest ranke not many wise Noble mighty men scarce any great Officer Magistrate or Senator was of that profession but all fierce enemies against it For Christians being but private men and no apparant body of a State to make any publike forcible resistance in defence of Religion against Emperours Senators Magistrates Lawes and the whole State wherein they lived had neither been prevalent nor expedient a great hinderance and prejudice to Religion and as some hold unlawfull But our present case is far otherwise our King Parliament State Magistrates People are all Christians in externall profession our Protestant Religion established Popery excluded banished by sundry publike Lawes the Houses of Parliament and others now resisting are the whole body of the Realme in representation and have authority even by Law to defend themselves and Religion against invading Popish Forces In which regards our present resistance is and may cleerly bee affirmed lawfull though the primitive Christians in respect of the former circumstances might not be so Secondly their resistance especially of the Magistrates not vulgar rabble if made had been onely singly for defence of their Religion then practised but in corners publikely condemned no where tolerated Our present war is not onely for defence of our Religion established by Law and to keep out Popery but for the preservation of Laws Liberties the very essence of Parliaments the safety of the Realme and that by authority of Parliament the representative body of the Realme The Parliaments defensive warre therefore upon these politicke grounds is just and lawfull though the Primitive Christians perchance in defence of Religion onely as its case then stood would not have been so even as the Roman Senators and States resisting of Nero or any other Tyrannicall Emperors violations of the Laws Liberties Lives Estates of the Senate people were then reputed just and lawfull though the Christians defence of Religion would not

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

should dare from thenceforth to lay hands on the Lords annoynted For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner but whosoever had Tyrannically slaine a King put on the person and power of a King thereby and left the same likewise after a little fortune to his murtherer by a law of inveterate custome which verily out of acertaine Christian simplicity was thought by many to have beene therefore so frequently done because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Unction Therefore Haco being slaine who had succeeded King J●ge slaine by him when the succession of the Crowne seemed to belong to one Magnus a child Nephew to J●ge the Wisemen and Nobles of the Realme by a common Decree caused the said child to be solemnly consecrated to be the Lords annoynted and crowned with a Diadem By which deed they thought that they had a Prince made sacred to them and that the disgrace of the ancient custome was thereby abolished But when Magnus had reigned some few yeares in great prowesse and happinesse a most infamous Priest Suerus surnamed Birkebain usurped a Tyranny twice defeated Magnus by warlike stratagems and at last utterly routed and slew him in battell notwithstanding his annoynting and usurping the Crowne renounced his holy orders married a wife and would have beene crowned by the Archbishop of that Land but he being a great man would neither be moved with prayers nor threats to annoynt an execrable head with sacred Unction for which he was banished the Countrey at last after two great victories against two competitors who were slaine Suerus obtained the Royall Crowne with mysticall Unction by the hands of a certaine Bishop compelled thereunto under paine of death as it were secure by his frequent successes from the uncertaine end of a long prospering tyranny c. By which History it is evident that it is but a childish simplicity to beleeve that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct or preserve them from violence or assassinations since it no way prevented this mischiefe in this Realme nor yet in any other the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes being not long after slaine by his Subjects and competitor in battell I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour notwithstanding his annoynting The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans pronounced by the Electors of the Empire in the yeare of our Lord. 1400. IN the name of God Amen We John by the grace of God Archbishop of the Church of Mentz Arch-chancellor of the sacred Roman Empire throughout Germany make knowne to all men present and to come What various manifold and grievous as well incommodities as discords have for many yeares since beene brought into the holy Church continuing even to this present and daily sprouting up more abundantly to the most grievous convulsion imminution and dissipation of the sacred Roman Empire which ought to be a Garrison to the Church of God and the Christian world as they cannot be all written so the mischiefes daily increasing do manifestly enough teach and confirme And for this cause the Lords Electors of the sacred Roman Empire the ardent petitions of the holy Church Princes Nobles Cities Provinces and Subjects of the sacred Empire intreating desiring a prudent Moderator have long agone very often and seriously together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia both by their owne and their friends labour and finally by letters and have diligently set before his eyes privately and publikely his unbeseeming and detestable manners and actions in governing as also the defects incommodities and discords of the said Church and Christian world likewise the most grievous avulsions and diminutions of the members of the sacred Empire hurtfully done and permitted to be done against the dignity of his name to wit that he hath not promoted peace in the Church although the great necessity of the Christian world as likewise his office of Advocate and Defendor of the Church earnestly required it and he hath also beene frequently desired required and admonished to doe it he notwithstanding perniciously mutilated the Empire and permitted it to be maimed in some members In the number whereof are Millain and the Province of Lombardy which were of the right of the same Roman Empire most ample emoluments returning thence to the Empire in which Dominion the Millainer like a Minister enjoyed it as a part of the Roman Empire when as He contrary to that which became his sublimity and dignity receiving money created a Duke of Millain and an Earle of Papia Moreover he hath alienated divers Cities and Lands belonging to the Empire as well in Germany as in Italy some whereof had returned to the same having little consideration that he ought to retaine them with the sacred Empire Moreover he hath sold for money to his friends very many naked and unwritten Parchments ratified notwithstanding with the Seale of his Majesty wherein it was lawfull both for them and others into whose hands these Parchments came to write what things they pleased under the royall Seale Out of which thing for the hurtfull diminution and dissipation of the rights and emoluments of the sacred Roman Empire great complaints are risen up Moreover he never had any care of the controversies and warres which alas for griefe have ●iserably afflicted and ruined Germany and other lands of the sacred Empire Hence spoylings burnings and robberies have sprung up with such lamentable encreases even at this day that none neither Clarks nor Laicks neither husbandmen nor Merchants neither men nor women whether by land or sea may converse in safety Temples Monasteries and religious houses which the sacred Empire ought with its hand to assist and defend are exposed to rapines and burnings and reduced to destruction Things are gone to this passe that every one might have handled and may even now handle another at his pleasure against the reason of right and equity without any feare of the sacred and long despised Imperiall authority so as even the place of conventing any one where the defence and patronage of right may be undertaken in the name of the Empire is altogether unknowne Finally which is horrible and dreadfull to be spoken both with his owne hand and the hand of other wicked instruments he hath with him he hath put to death drowned in the waters burned in the fire miserably and cruelly destroyed the reverend Bishops of holy things Priests and spirituall Pastors likewise many other men of honest note against the rule of right otherwise then became the King of Romans Which mentioned things verily and many other grievous wickednesses and dammages are so divulged and openly knowne that they