hereditary line put by Such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the Crowne to whom they thought meetest neither the present nor any other Protestant Parliaments Peeres or Subjects ever exercised though Popish Parliaments Prelates Lords and Commons have thus frequently done it of which you may reade more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited Thirdly the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name and forced the King to call a Parliament without and against his full consent Thus Anno 1214. the Barons petitioned Kings Iohn to confirme Magna Charta and their Liberties tendered to him who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore that he would never grant those Liberties whereby himselfe should be made a servant So harsh a thing is it writes Daniel to a power that hath once gotten out into the wide liberty of his will to heare againe of any reducing within his circle not considering how those who inherit Offices succeed in the Obligation of them and that the most certaine meanes to preserve unto a King his kingdome is to possesse them with the same conditions that he hath inherited them The Barons hereupon raise a great Army at Stamford wherein were 2000. Knights besides Esquires constituting Robert Fitz-Walter their Generall intituling him the Marshall of the Army of God and holy Church seize upon the Kings Castles and the Londoners sending them a privie message to joyne with them and deliver up the City to be guided by their discretion thither they repaire and are joyfully received under pact of their indempnity After which they sent Letters to the Earles Barons and Knights throughout England who seemed although fainedly to adhere to the King exhorting them with a commination that as they loved the indemnity of their goods and possessions they should desert a perjured King and that adhering faithfully to them they should with them stand immovably and effectually contend for the Liberties and peace of the kingdome which if they contemned to doe they would with Armes and Banners displayed march against them as publike enemies subvert their Castles burne their houses and edifices and not cease to destroy their Ponds Parkes and Orchards Whereupon all the Lords Knights and people deserting the King who had scarce seven Knights in all left with him confederated themselves to the Barons The King seeing himselfe generally forsaken counterfeits the Seales of the Bishops and writes in their names to all Nations that the English were all turned Apostates and whosoever would come to invade them he by the Popes consent would conferre upon them al their lands and possessions But this devise working no effect in regard of the little credit they gave to and confidence they had in the King the truth being knowne all men detested such wickednesses and forgeries and so the King fell into his owne snares Hereupon the King fearing the Barons would take all his Castles without any obstacle though he conceived an inexorable hatred against them in his heart yet he craftily dissembled that he would make peace with them for the present ut cum furtim surrexisset in dissipata agmina acrius se vindicaret qui in omnes non poterat in singulos desaeviret Wherefore sending William Marshall Earle of Pembroke to them with other credible messengers he certified them that for the good of peace and the exaltation and honour of his kingdome he would gladly grant them the Lawes and Liberties they desired commanding the Lords by the same messengers that they should provide a fit day and place where they might meete and prosecute all these things Who related all these things deceitfully imposed on them without fraud to the Barons at London who appointed the King a day to come and conferre with them in a Meade betweene Stanes and Windsor called Running-meade on the 15. day of Iune Where both parties meeting at the day and conferring the King perceiving his forces too weake for the Barons who were innumerable easily granted their subscribed Lawes and Liberties without difficulty and confirmed them with his Charter Hand Seale Oath Proclamations and other assurances which you shall heare anon This meeting Daniel and others stile a Parliament as well as that at Clarindon and other assemblies in the open field the great Charter being therein first confirmed which Parliament the King by force of Armes was constrained to summon So Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford pretending that he was under age when he sealed and granted it at first and so a â—â—llity Hereupon the Barons confederate by Oath and put themselves in Armes at Stamford from whence they sent to the King requiring him to make restitution without delay of the Liberties of the Forests lately cancelled at Oxford otherwise they would compell him thereto with the sword to avoyd which danger he was enforced to summon a Parliament at Northampton where a concord was concluded on all hands Anno 1226. and so the Parliament brake up Anno 1237. Henry the third incensing his Nobility and generally all his Subjects by his entertainment of Forainers by whom he was ruled by marrying his sister Elianor to Simon de Monfort a banished Frenchman and his oppressions contrary to his Oath and promise in Parl. that year put them into a new commotion who thereupon made a harsh Remonstrance of their grievances to him by his brother Richard by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constraine the King if he refused to the reformation of his courses Anno 1250. King Henry is againe enforced by the Barons and 24 Peeres to call a Parliament at Oxford and at London against his will and to assent to ordinances therein made And Anno 1264. he was likewise constrained to call two other Parliaments at London and to assent to the new Ordinances therein proposed which he did onely to get time and circumvent the Barons Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament and to banish his Minion Pierce Gaveston against his will In the 14. and 15. yeares of this King the Barons raising an Army by force of Armes compelled him to summon a Parliament at Westminster and to passe an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him and oppressed his people And in the last yeare of this Kings reigne his Popish Prelates Nobles and Commons taking him prisoner summoned a Parliament in his name much against his will wherein for his misgovernment they enforced him to resigne his
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
and Ministers for the Custody of his Treasure and Peace and proclaimed his Peace throughout the Realme or other remote foraine parts by reason of warres as divers of our Kings heretofore have beene and so unable personally to consent to Lawes no doubt in all such cases the right of creating a Protector to execute regall power summon Parliaments assent to Lawes is onely in the Parliament which may in these cases make any publicke Acts without the Kings personall presence or assent and the assent of the Regent or Protector usually created by them shall as firmely binde the King as if he had personally consented as is evident by all the Acts of Parliament passed during the minority of Henry the third who was but nine yeares old Edward the third who was but thirteen Richard the second who was but eleven yeares of age Henry the sixt who was but nine moneths old Edward the sifth but twelve yeares Henry the eight not eighteene yeares Edward the fixt but nine yeares of age when they began their Reignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not judge but by their Protectors and by all Acts made in the absence of King Richard the first Edward the 1 2 3 4. Henry the 3. 2 3 4 5 6. and others out of the Realme all good and binding Lawes as appeares by 28 H. 8. c. 17. which altered and 33 H. 8. c. 22 which declareth the Law in these particulars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-giver not the King Tenthly The King hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Royle veult The King wills or assents to it not before but after they have passed both Houses imports which assent of his if the Bils be publike and necessary for the Common good is not meerely arbitrary at the Kings will but the King by Oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleates Bils and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point Yea an assent which the King in Honour Law Justice Duty by vertue of his Coronation Oath is bound to give as appeares by the Prefaces of most Statutes the Statute of Provisours 25 E. 3. Parl. 6. 20 E. 3. and other Acts it is so farre from proving the King the Supreame power and Law-giver that it manifests the contrary that this power principally resides in both the Houses not the King Eleventhly The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes which Parliaments and the kingdome anciently long before or at leastwise in King Edwards dayes before and ever since the Conquest have prescribed to our Kings ere they would accept of them for their Soveraignes of which I shall give you a short account Before the Conquest I read in King Edward the Confessors Lawes not onely the Office but Oath of the King of England whom he and Bracton oft stiles Gods and Christs Vicar upon earth thus excellently described A King ought above all things to feare God to love and observe his Commandements and cause them to be observed through his whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved such as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe Iustice and Iudgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King in his owne person to doe taking his Oath upon the Evangelists and the blessed Reliques of Saints swearing in the presence of the whole State of his Realme as well of the temporalty as of the spiritualty before he be Crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if be keepe under as his servants and slaves he shall Reigne well and honourably in his kingdome He must doe all things with good advisement and preâ—â—e ditation and that properly belongeth to a King for hasty rashnesse bringeth all things to 〈◊〉 according to the saying of the Gospell Every kingdome divided in it selfe shall be brought to desolution Master Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them be omitted contrary to his Oath at his Coronation Indeed I finde not in William of Maâ—â—esbury Henry Huntingdon Matthew Paris or Westminster that William the Conquerour tooke this Oath at his Coronation but onely that he was received by the Clergie and people at London in great triumph AB OMNIBUS REX ACCLAMATUS and proclaimed King by them all and then Crowned but Roger de Hoveden and Daniel out of him are expresse in point that according to the accustomed forme the Bishops and Barons of the Realme tooke their Oathes to be his true and loyall Subjects and he reciprocally being required thereunto by Aldred Arch-bishop of Yorke who Crowned him made his personall Oath before the Altar of the Apostle Saint Peter in the presence of the Clergy and People That he would defend the holy Churches of God and the Rectors of the same Likewise that he would govern all the people Subject to him justly and with royall providence RECTAM LEGEM STATUERE ET TENERE which referres to future Lawes that he would establish and observe RIGHTEOUS LAWES and that he would utterly prohibit rapines and unjust judgements Nor did he claime any power by Conquest but as a regular Prince submitted himselfe to the Orders of the kingdome desirous to have his Testamentary title howsoever weake to make good his Succession rather than his Sword the flattery of the time onely giving him the Title of Conquerour afterwards but himselfe not claiming it But William soone after forgetting this his solemne Oath did as Speed with others write abrogate for the most part the ancient Lawes of the Land and introduce new hard Lawes of his owne written in the Norman tongue which the people understood not and the Iudges wrested at their pleasures to the forfeiture of Goods Lands Life Hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Atheling for their King and Generall once again fell into a new conspiracy raising great forces resolving to make the sword their judge The King hereupon by Lanfrankes advise who as Rehoboams sages gave him counsell somewhat to beare with their abuses rather than hazard the ruine of all in fight appointed a meeting at Berkhamsteed Anno
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
and lawfully keepe the Parke and doe that which to his Office belongeth to doe or otherwise it shall be lawfull for the grantor and his heires to remove him and grant it to another if he will and if the Parker negligently suffer the Deere to be killed or kill the Deere himselfe without sufficient warrant from his Lord it is a direct forfaiture of his Office If then a Keeper of Forrester cannot kill or negligently suffer his Deere to be killed no nor yet destroy the vert on which they should feed or suffer it to be destroyed without forfaiture of his Office even by a condition annexed to his Office by the very Common Law shall a King thinke you lawfully murther plunder and destroy his Subjects his kingdome without any forfaiture or resistance at all or will the Common Law of the Land in such a case which provides and annexeth a condition to the Office of a Parker not much more unite it to the royall Office of a King who is but a regall Keeper or sheepheard of men of Christians of free men not of slaves for the Subjects preservation and security Doth the Common-Law thus provide for the safety the Liberty welfare of our beasts yea our wilde beasts are our Deere so deare unto it and will it not much more provide for the security of our owne persons Lives Liberties estates shall not these be dearer to it than our Deere How many riged Lawes have beene anciently and of late yeares made against the killing the destroying of the kings the Subjects Deere in Forrests and Parkes for which some have lost their Liberties Lives members And shall not the Lawes for the preservation of the Subjects Lives Liberties estates be more inviolably observed more severely prosecuted May a Forrester Warrener or Keeper of a Parke lawfully beate and kill another in defence of his Deere and other game without any penalty or forfaiture at all enjoying the Kings Peace as before this fact by the expresse statute of 21. E. 1. Rastall Forrests 19. and Stamfords Pleas l. 1. c. 5. 6. And cannot a poore subject defend his owne person family house goods Libertie life against the kings Forces or Cavaleers without the danger of Treason or Rebellion if the king himselfe be present with them or they come armed with his unjust Commission Certainely this is a too absur'd irrationall beastiall opinion for any to beleeve It is our Saviours own doubled argument Mat. 6. 26. Luke 12. 24. Behold the fowles of the ayre and consider the Ravens for they neither sow nor reape neither have store-house nor barne yet your heavenly Father feedeth them ARE NOT YEE MVCH BETTER THEN THEY THEN FOWLES And Luke 12. 6. 7. Mat. 10. 29. 30. 31. Are not two sparrowes sold for a farthing and not one of them shall fall to the ground without your Father But the very haires of your head are all numbred Feare ye not therefore YE ARE OF MORE VALVE THEN MANY SPARROWES And the Apostle hath the like argument 1 Cor. 9. 9. 10. Doth God take care for Oxen Or saith he it noâ— altogether for our sakes for our sakes NO DOUBT THIS IS WRITTEN c. Men are the Soveraigne Lords of all the Creatures of farre more excellencie and dignity then all â—r any of them especially Christian men whence the Apostle Paul gives this strict charge to the Elders of Ephesus belonging as well to kings as Ministers Act. 20. 28. Take heed therefore unto all the flocke over which the holy Ghost hath mâ—de you over-seers to feed the Church of God which he hath purchaseâ— with his owne blood and God himselfe hath given this expresse inhibition even to Kings themselves concerning his and their peoples safety most strangely inverted by flattering Divines quite contrary to the words and meaning Touch not mine anointed and do my Prophets no harme And shall not men then made after Gods owne Image men redeemed and purchased by the blood of Christ men made Kings and Priests to God their Father whom God himselfe hath expressely prohibited Kings themselves to touch or harme not be allowed liberty to defend their persons houses lives liberties without offence or Treason against Kings or any their Cavaleers assaults by the Law of God the Common or statute Law of the Realme when as their very Keepers Warreners Forresters may lawfully resist and slay them to without crime or punishment if they should offer but to kill to steale their Deere or Connies Are they not much better much dearer to God to Kings then foules then Sparrowes then Oxen then Deere and their lives their blood more precious then theirs surely the Scripture is expresse that precious in the sight of the Lord is the blood the death of his Saints and therefore he that sheddeth mans blood be he whom he will in an unlawfull way by man shall his blood be shed if not in a judiciall way yet by way of just defence as Christ himself expounds it Mat. 26. 52. ALL they that take the sword shall perish with the sword and Rev. 10 10. He that killeth with the sword MVST BE KILLED WITH THE SWORD no doubt he may be killed by way of necessary defence then it immediately followes here is the patience and faith of the Saints that is Saints will and must patiently endure many pressures and wrongs from Tyrants and oppressors without resistance but if they once come to make warre with them as the seven headed beast there did v. 7. then both the faith and patience of the Saints themselves will binde their hands no longer but give them free liberty in such an extremity for their owne and the Churches preservation in their just defence to slay those seven headed beasts that shall assault them the very faith of Christ then teacheth them no other lesson but this he that leadâ—th into captivitie shall goe inâ—o captivitie and he that killeth with the sword must be killed with the sword and in such a case God saith Psal. 149. 6. 7. 8. 9. Let a two edged sword be in their hands to execute vengeance upon the heathen and punishment upon the people to 〈◊〉 their Kings with chaines and their Nobles with fetters of Iron to execute upon them the judgâ—ment written This honour this priviledge in such cases HAVE ALL THE SAINTS Praise ye â—he Lord. And very good reason is there for it For as Nature it selfe hath instructed Lyons Beares Wolves Boares Stagges Backes and most other beasts not onely to defend themselves against the violence of one another but even of Men their supreame Lords when they assault and hunt them to take away their lives over which God hath given men a lawfull power much more then may men by natures dictate defend their persons lives against the unlawfull violence of their kings or Armies over which God hath given them no power at all but in a legall way of justice for capitall offences when they assault or make
of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice. In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That aâ— the Rights of his Crowne are vested in hâ—m for his Subjects sake That the Prinâ—e may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is â—ound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preseve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sufficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull uniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or fer booty propter praedam enim militare peccatum est Whence Iohn Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nations yea By all Lawes whatsoever and the very dictate of Reason And that a necessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violâ—nce And therefore must of necessitie be acknowledged lawfull because directly opposite to and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions which are both sinnefull and unlawfull And so can be no Treason no Rebellion no crime at all though our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Grotius de Iure Belli l. 2. c. 1. I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre with the words of Albericus Gentilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Iure Belâ—i Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. cap 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great preparations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not
not hear you in that day Therefore their Kings were absolute Monarchs not bound to Laws nor responsible to their subiects for their oppressions not yet resistible by them To which I answer that this is a direct description of a Tyrant and not of a lawfull King as is evident First by the very occasion of the words Vttered purposely by Samuel to disswade the People from electing a King changing their former Aristocraticall Government into a Monarchicall because their kings would many of them prove more oppressive Tyrannicall and burthensome to them then their Iudges or his sons were whose bribery and perverting of judgment moved the people thus earnestly to affect a change of Government as is evident by the 1 2 3 4 5 6 and 9 Verses Iosephus and the consent of all Expositors Secondly by the introduction to and the words themselvs This will be the maner of the King that shall reign over you He will take and he will do thus and thus not this ought to be the manner he ought to do or lawfully may do thus and thus Thirdly by the things themselves which he would do which are directly contrary to Deuter. 17. 14. to the end and all other Scriptures expresly enjoyning Kings to judge their people righteously to do justice and judgement and not any wayes to oppresse or spoyle them I shall instance onely in two particulars First the law of Gods expresly prohibits all men and Kings as well as others to covet their neighbours Houses his menservants his maidservants his Oxe or his Asse or any thing that is his Neighbours If their Kings then might not lawfully so much as desire or covet much lesse might they lawfully take away their Houses Sonnes Daughters Manservants Maidservants Asses Sheep Corn Vineyards or any thing else that was theirs without their free consents as Samuel tells them their King would do this therefore must need be onely a declaration of what their Kings would Tyrannically do not of what they might lawfully or justly execute Secondly it is Gods expresse Edict Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression to thrust them out of their possessions but he shall give his Sons inheritance out of his own possession that my people be not scattered every one from his possession And Ezek 45. 8 9. The Land shall be the Princes possession in Israel and my Princes shall no more oppresse my people and the rest of the Land shall they give to the house of Israel according to their Tribes Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoile and execute judgement and justice take away your exactions or expulsions from my people saith the Lord. Whence Ahab King of Israel for coveting and unjustly depriviâ—g Naboth of his Vineyard which he refused to sell him because it was the inheritance of his Fathers and taking possession thereof after his unjust condemnation had a most severe judgement dâ—nounced against him even the utter extirpation of himself Q. Iezabel and their posterity afterwards executed Which punishment God would never have inflicted on them had it been lawfull for the Kings of Israel to take the peoples Fields Vineyards Oliveyards c. and possesse or give them to their servants as Samuel here tels them their Kâ—ngs will do This clause then of taking their Field Vineyards c. from them by the King without their consents being thus dâ—ametrally contrary to these Texts of Ezekiel and such a capitall Crime in King Ahab yea contrary to the practise of Ioseph and the Aegyptian Heathen King Pharaoh who took not away but bought the Aegyptians Cattell and Lands for Corne Gen. 47. 14. to 27. can to wayes be warranted as a just royall prerogative lawfull for their Kings to use but must needs be branded for a Tyrannicall Oppression Fourthly this is evident by the consequences of it Ye shall be his servants not subjects And ye shall crie in that day because of your King which ye have chosen you and the Lord will not hear you in that day Verse 17 18. Certainly the people neither would not ought to crie to god against the proceedings of a just upright King but onely of a Tyrant and Oppressour therefore this Text must needs be meant of such a one who should be a scourge and punishment to them as Tyrants are not a blessing as good Kings alwayes be Fifthly consult we with all Polititians whatsoever this description suites onely with a Tyrant not with any lawfull King and that it is meant of such a one we have the testimony of Iosephus the generall concurring suffrage of all Commentators and Expositors one the place see Lyra Hugo de Sancto Victore Carthusian Angelomus Lexoviensis Calvin Brentius Bugenhagius Beda Bertorius Martin Borrhaeus Peter Martyr Zanchius Piscator Serrarius Strigelius Doctor Willet Deodate the English Bibles notes with others and of sundry who descant on this Text in other writings by name of M. Iohn Calvin Instit. l. 4. c. 20. sect 26. Bishop Ponet his Politicall Government p. 44. Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos p 270. 271. Bucholceri Chronichon p. 208. Petrus Cunaeus de Repub. Hebraeor l. 1. c. 14. Bertrami Politia Iudâ—ic p. 53. Shickardus jus Regium Iudae p. 64. Albericus Gentilis de jure Belli l. 3. c. 15. p. 613. Hugo Grotius de jure Belli Pacis l. 1. c. 3. Adnotata p. 72. Governado Christiano p. 87. Georgius Bucananus de jure Regni apud Scotos p. 44. Doleâ—-man p. 68. 70. Haenon disp polit p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani Franco-Gallia c. 10. Amesius de Casibus Conscienciae p. 306. and to name no more in so plain a case of Doctor Ferne himself in his Resolving of Conscience sect 2. p. 10. where hee writes That Samuel here tels the people how they should be oppressed under Kings yet all that violence and injustice done unto them is no cause of resistance c. This Text then being cleerly meant of their Kings Oppression violence injustice against Law right and a clear descript on of a Tyrant not a King I may safely conclude from all the premises that even among the Israelites and Iews themselves their Kings were subjâ—ct to the Lawes and that the whole Congregation Kingdom Senate Sanhedrin not their Kings were the Supreme Soveraign power and Paramount their Kings themselves whom they did thus freely elect constitute and might in some cases justly censure resist depose if not put to death by common consent for notorious grosse Idolatries and publike multiplied crimes as the forecited authors averre All which considered eternally refuâ—es subverts confonnds the erronious false Positions and Paradoxes which Doctor Ferne Griffith Williams Bishop of Ossery the Authour of The necessitie of Subjection with other late ignorant Pamphletters have broached to the contrary without
of the kingdome when it was Treason was not a bare Traytor against the Kings person or Crowne onely but against the King and his Realme too like those Traytors mentioned in the severall statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALME and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALME As the Gunpouder Traytors were to the Parliament and Realme in them being the representative Body of the Realme the Parliament then being the Realme representatively and authoritatively too and so the party against whom this Treason is principally to bee committed cannot bee a Traytor to it selfe by the words or intendment of any expired Act which made such a seisure or detainer Treason And therefore those Lawyers who pronounce this Parliaments seising and detaining of the Ports Forts Navy Armes or Ammunition of the Realme to keepe them out of worser hands for the Kings and kingdomes right use and safetie to be High Treason declare themselves Greater Malignants then Artists in their owne profession But some body say Malignants and Royalists must be trusted with the Militia Ports Navy Armes Ammunition and who so fit to be confided in as the King himself and those whom he shall appoint Especially since hee and his owne substitutes have formerly beene intrusted with them by the kingdome and wee have now so many deepe Protestations yea publike printed Asseverations and Promises from his Majestie to maintaine the Protestant Religion our Lawes Liberties Properties Parliaments with their just Priviledges and shall we not beleeve and trust his Majesty after so many royall assurances seconded with many Acts of grace for the publike safetie already passed by him in this Parliament especially the Acts against Shipmoney and all other unlawfull Taxes with the Bils for the continuance of this and calling of a Trienniall Parliament when this shall be determined Shall we yet be diffident of his Majesties sinceritie after so many Protestations Promises Imprecations so many Pledges of his gracious affection to his people and some publike acknowledgements of his former misgovernment and invasions on his Subjects Liberties If all these Warrants will not content the Parliament and perswade them to resigne up all the premises they have seised into his Majesties hand to purchase the kingdomes much desired necessary Peace and put a period to our destructive warre in which there is nought but certaine ruine what other security can his Majesty give or they expect To answer this plausible allegation I shall without prejudice to other mens judgements crave liberty to discharge my owne and others thoughts in this particular in which if I chance to erre out of overmuch zeale to my countries safety I shall upon the first discovery professe a recantation though for the present Maluerim veris offendere quam placere adulando I shall reduce the summe of the answer to these two heads First that as the state of things now stands it will be as many wise men conceive not onely inconvenient but dangerous to resigne up the Militia Forts Ports Navy Ammunition of the kingdome into his Majesties sole disposing power and those hands which himselfe alone shall appoint and confide in till things bee throughly reformed and setled both here and in Ireland and the Popish prevailing party in both kingdomes now strongly up in armes totally suppressed and secured Secondly That till this be effected it is more reasonable and safe both for King and kingdome that these should remaine in the Parliaments hands then in the Kings alone For the first there are these three general reasons commonly alledged by many understanding men equally affected to either party and by most who are cordially inclined to the Parliament why they deeme it not onely inconvenient but perillous to intrust the premises wholly with the King and those of his appointment as our condition now stands First a more then probable long-since resolved designe in his Majesties evill Counsellors to make him an absolute Soveraigne Monarch and his Subjects as meere vassals as those of France which designe hath beene carryed on with an high hand from the beginning of his Reigne till this present as the Parliament in sundry Declarations prove yea divers Lords and Members of both Houses though now with his Majesty in their Parliamentary Speeches have openly professed which they thus demonstrate First by his Majesties severall attempts against the Priviledges Power and very being of Parliaments manifested by the proceedings against Sir Iohn Eliot Mr. Hollice Mr. Strode Mr. Long and others after the Parliament in 3. Caroli and the Lord Say Mr. Crew with others after the last Parliament before this By his Majesties sad ominous breaking off in discontent all Parliaments in his Reigne unparalleld in any age or kingdome till this present which though perpetuated by a speciall Act as long as Both Houses please hath yet long since been attempted to be dissolved like the former by his Majesties accusation and personall comming into the Commons House with an extraordinary Guard of armed men attending him to demand five principall members of it to be delivered up to his hands as Traytors in an unpatterned manner By his wilfull departure from and refusall to returne unto the Parliament though oft petitioned and sollicited to returne which is so much the more observed and complained of because his Majesty if not his Royall Consort and the Prince too was constantly present in person every day this Parliament for sundry weekes together at the arraignment of the Earle of Strafford for high Treason in a private manner when by Law he ought not to be personally present in a publicke to countenance and encourage a capitall Oppressor and Trayterous Delinquent against all his three kingdomes contrary to both Houses approbation And yet now peremptorily denyeth to be present with or neare his Parliament to countenance and assist it for the preservation of his kingdomes against such Traytors Rebels conspirators who have contrived and attempted their utter desolation in pursuance of his foreplotted designes By his commanding divers Lords and Commons to desert the Houses and attend his Person without the Houses consent detaining them still when the Houses have sent for them and protecting those who refused to returne against the common justice of the Parliament by casting divers grosse aspersions on it and naming it A faction of Malignant ambitious spirits no Parliament at all c. By raising an Army of Delinquents Malignants Papists Forainers to conquer and suppresse the Parliament and deprive it of its Liberties By proclaiming divers active Members of it specially imployed by Both Houses for the defence of their severall Counties Traytors onely for executing the Houses commands without any Indictment Evidence Conviction against all Law Justice and the Priviledges of Parliament By commanding detaining the Lord Keeper of the Great Seale the Speaker
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
at their owne free cost untill they had driven out all the enemies in it before them subdued the Land and setled their brethren of the other Tribes peaceably in it And shall not Englishmen of Estates doe the like for their Brethren now in these times of need when money the sinewes of Warre is almost quite shrunke up by reason of former Disbursements and want of Trade We read That the very Heathen Kings of Canaan when they came and fought in Taanach by the waters of Megiddo against the Israelites THEY TOOKE NO GAINE OF MONEY for their paines Such was their Noble generosity which Deborah registers in her Song for their eternall Glory And we heare of divers Lords and Gentlemen in the Kings Army which serve against their Country gratis yea furnish out sundry Horse and Foote of their proper cost of few or none such there who receive any Pay And shall these be more free generous active in serving fighting against God Religion Lawes Liberties Parliament and their Country than those of like Ranke and quality on the Parliaments party are in warring for them O let not such an ignoble unchristian Report be ever once justly told in Gath or published in the streets of Askelon lest the daughters of the Philistines rejoyce lest the sonnes and daughters of the uncircumcised triumph I know there are some Heroicke Worthies in the Parliaments Armies of whom I may truely sing with Deborah My heart is toward the Governours of Israel that offered themselves willingly among the people and who like Zebulon and Nepthali have freely jeoparded their lives unto the death in the high places of the field Blessed be their Endeavours and their Names for ever Honourable I shall now onely wish that others would imitate their laudable examples that so our long-lingring warres may be speedily and happily determined in a blessed pure pious secure honourable lasting Peace They are Tormentors not Chirurgions Executioners not true Souldiers who desire endeavour not speedily to close up and heale their dearest Countries bleeding festring wounds for which I have prepared this Treatise as a Soveraigne Balme to incarne and cicatrize them not ulcerate or inflame them It was the Prophets Patheticke expostulation The harvest is past the Summer is ended and we are not healed Is there no balme in Gilead Is there no Physitian there why then is not the health of the Daughter of my people recovered It may be Englands and Irelands expostulation now The Lord put it into the hearts of our great Physitians the King Parliament and Grandees of both Armies that they may now at last with bleeding melting hearts and spirits speedily poure forth such effectuall healing Balmes into these two dying Kingdomes deadly wounds as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed that so they may lose nothing but their putrid blood their proud dead flesh their filthy sanies and corrupt humours by their unnaturall stabs already received Towards the advancement of which much desired cure if these my undigested rude Collections interrupted with sundry inevitable interloping Distractions which may justly excuse their many defects may adde any contribution or satisfie any seduced or scrupulous Consciences touching this present Warre I shall deeme my labours highly recompensed And so recommending them to Gods blessing and thy charitable acceptation I shall detaine thee with no further Prologue Farewell THE SOVERAIGNE POWER OF PARLIAMENTS KINGDOMES PROVING 1 st That the Parliaments present necessary Defensive Warre is Iust and Lawfull both in point of Law and Conscience and no Treason nor Rebellion HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments proceedings I come now in order in point of time and sequell to the 5 th Grand Objection of the King Royalists and Papists against the Parliament To wit That they have traiterously taken up Armes and levied warre against the King himselfe in his Kingdome and would have taken away his life at Keinton battell which is no lesse than Rebellion and High Treason by the Statute of 25. E. 3. c. 2. with other obsolete Acts and by the Common Law Which Objection though last in time is yet of greatest weight and difficulty now most cryed up and insisted on of all the rest in many of his Majesties late Proclamations Declarations and in Anti-Parliamentary Pamphlets To give a punctuall Answere to this capitall Complaint not out of any desire to foment but cease this most unnaturall bloody warre which threatens utter desolation to us if proceeded in or not determined with a just honourable secure lasting peace now lately rejected by his Majesties party I say First that it is apparent to all the world who are not willfully or maliciously blinded That this Majesty first began this warre not onely by his endeavors to bring up the Northerne Army to force the Parliament confessed by the flight lâ—tters examinations of those who were chiefe Actors in it but by raising sundry forces under colour of a guard before the Parliament levied any Secondly that the Parliament in raising their forces had no intention at all to offer the least violence to his Majesties person Crowne dignity nor to draw any English blood but onely to defend themselves and the Kingdome against his Majesties Malignant invasive plundring Forces to rescue his Majestie out of the hands the power of those ill Councellers and Malignants who withdrew him from his Parliament to bring him backe with honour peace safety to his great Councell their Generall and Army Marching with a Petition to this purpose and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses contrary to Order Law the Priviledges of Parliament their owne Protestation taken in both Houses sheltring themselves under the power of his Majesties presence and Forces from the justice of the Houses and apprehension of their Officers contrary to all presidents in former ages in High affront of the priviledges honour power of the Parliament and Fundamentall knowne Lawe of the Realme Since which time his Majestie having contrary to his former Proclamations and frequent Printed solemne Declarations entertained not onely divers Irish Popish Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch-Popish Recusants to Aâ—me themselves and raise Forces against the Parliament and Kingdom now in the field in all the Northerne parts Wales and other places and that under the Popes owne consecrated Banner as many report in defiance of our Protestant Religion designed by the Popish Party both at home and abroad to no lesse then utter extirpation in England as well as in Ireland if not in Scotland too as some of them openly professe the Parliament are hereupon necessitated to augment and recrute their forces as for the precedent ends at first so now more especially for the necessary defence of the Protestant
for me that this cause of honesty alone perchâ—â—ce hath never mâ—ved any man to that honest defence Guicciardines mouth sayd truely no Prince will make warre for Peâ—ant unlesse perswaded wâ—â—h desire of his owne gaine yet that is ignominous to Princes and saâ—ours not of justice but I had rather concurre with Leo the Philosopher We know very few to keepe true love for its sake alone to be stirred up to succour those that are intangled in misery but on the contrary side that the number is very great of those that for hope of getting any thing come to helpe the unworthy which is a more mild saying and I thinke more true But I seeke another thing it is compleate justice which defends the weake so Ambrose and the Canon Law and I seeke for that Iustice. The Romans also joynâ—d this cause with others by which they were moved often times to make warre the defence of the Lucans saith Dionysius was the manifest cause of the Samnitic all warre which might have a shew of honesty as common and a Nationall custome of the Romans to ayde those that fled unto them but the secret cause which did more urge was the power of the Samnites was great and greater would it have beene if the Lucans had beene subdued so the reason of profit lyes hid and therefore seemes not so good as it is honest and yet we call profitable also good and just and the one is made just by the other therefore what if they be deare unto us whom we should defend Vlpianus saith that for love and friendship for no other reason defence ought not to be omitted The defence of those that ought to be deare unto us is from nature witnesse M. Tullius What if our allies and confederates He that keepes not of an injurie from his fellow when he can is as well in fault as he that doth it Amâ—rose and even we our selves are hurt when our fellowes are hurt as in Livie Iohn Bodin judgeth amisse that an ally and a confederate is not bound to helpe his fellow if there be no caution of helpe in the league and the contrary is now shewed by us and also shall be shewed in the third booke What if they be of the same stocke and blood Agesilaus made warre against the Persians that he might bring the Greekes of Asia into liberty And the pettie Kings of Germanie by an old custome of the Nation thinke it an haynous offence not to be assistant to those that implore mutuall helpe although there is there besides a certaine body of a Common-wealth as it is reported long since that there was of the Achai What if of the same Religion Nations are joyned together by the tye of Religion more than either by the communion of another law or contract of a league and therefore if we implore nature by communion the law of Nations by covenant the Common-wealth by lawes by common Religion the most powerfull thing of all we implore the bowels of men and of the holy One who is the head of that communion So there was warre with the Persians because their fugitives were not delivered them and they were not delivered by the Romans who would not dispise the humble professors with them of the same religion who fled from the Persian cruelty Thus Iustinus answered the Persian that he could not but receive those of the Christian Religion falling away to him from the Persian who compelled them to forsake Christian Religion And our writers doe thus resolve that warre may be made if any converted to Christian Religion should be oppressed by their Lords and that for the right of society contracted from conversion What if neighbours for what had I not very many very just tyes of familiarity of neighbourhood of country of friendship to defend Plancus saith Cicero And here is our case q We are in danger if our neighbours house be on fire for if fire have fiercely taken hold of some houses they will hardly be defended but that the next houses will be burnt which was elsewhere in Salust and now in Ovid. s Fire that is neere is hardly kept off from houses it is good that we abstaine from neere adjoyned places which verses are proverbiall in this thing and proverbes adde some credit This notes something that as it is lawfull to pull our neighbours house downe least the fire should come to us and that question of a house infected is the same although touching this it is answered contrary Yet the House infected with Leprosie was pull'd downe And in many cases it is so that we may doe ill to others that it be not ill with us We must beware of all contagion especially of our neighbours the ill contagions of a neighbouring People are hurtfull The Romans saith Florus as a certaine infection ranne over all and taking in all the neerest people brought all Italy under them and whatsoever Dominion they had Before fire is the vapour and smoake of the Chimney Syracides also So we see smoake from our neighbours fire and will we not runne and put out the fire where it is It is written againe that it is lawfull for any to helpe his neighbour against an injury yea he seemes to be partaker of a fault who doth not ayde his deadly foe even speaking against help nor yet desiring it Concerning which I have noted before and will note further in the Chapter following CHAP. XVI Of ayding Subjects that are Strangers against their Lord. I Demand if wee may justly defend Subjects also that are Strangers against their Lord What if their cause also be unjust Ambrose noteth those three gods Iupiter Neptune and Pluto have thus Articulated lest upon their intrenching on one anothers jurisdiction they might make Warre among themselves they should not usurpe the rule of the Sea c. They say likewise that we gods have this Law none of us will crosse the desire of him that willeth but wee yeeld alwaies one to another Which being the fictions of very wise men are applyed unto Princes of the earth But even without any circumstance at all the Corinthians speake thus to the Athenians We doe plainely deny that any is forbidden to punish his owâ—e for if thou shalt defend those that have offended even your owne Subjects will defend themselves from you Yet I thinke not Subjects of other men are altogether strangers from that neerensse of nature and union of Society you doe also cut off the unity of mankinde whereby life is sustained as excelently Seneca And if we make not Princes lawlesse tyed to no Lawes nor Conditions It is necessary that there be some to admonish them of their duty and may hold them fast bound which reason I expounded in the second Booke of Embassies Neither will I heere infer any confusion of kingdomes or any inspection of one Prince over
King for the two next yeares so as the custome of Mal-tolt newly imposed on Woolls should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the watch-Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Derby and Iohn Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and the Cinque-ports were to finde 21 ships of their owne and nine ships of the River of Thames Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne
CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People deserting the King who had scarce seven Knights iâ— all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scatterâ—th abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to confiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King Iohn Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudenter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THE SAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposuerunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS cst AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all banished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Cornâ— the Oxen in the Ox-stalls the Horses in the stables the Sheep in the Sheep-cots they likewise burned Segrave the native soly of Stephen Iusticiar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemiâ—s to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by the mediation of timorous men be made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be
the King in Parliament promiseth to abate his houshold and hereafter to live upon his owne so setling a new forme of his Court which is extant in many hands and intituled Ordinations for the Kings house Anno 3 E. 2. an Ordinance was made for the Kings houshold in ease of the Kings people oppressed with purveyance by reason of the greatnesse thereof and the motive of that Ordinance was to the honour of God and profit of holy Church and to the honour and profit of the King and the benefit of his people according TO RIGHT AND REASON AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Raigne Thus R. 2. did discard the Bohemians Anno 10. by an act of Parliament at the peoples petition surcharged by them Thus H. 4. did with the Gascoignes and Welsh in like sort overburdening and impoverishing the King and Realme with perpetuall suits so that in Court as the Record saith there were no men almost of substance or valiant persons as there ought to be but rascals for the greater part Hence was it that the wisedome of former times foreseeing the mischiefe the open hand of the Soveraigne might bring the state into made a Law 11 R 2. that whatsoever commeth to the King by judgement escheat forfeiture wardship or in any other waies shall not be given away and that the procurer of any such guift shall be punished This Law the Parliament continued 7 H. 4. untill the King was out of debt making frustrate the grants of these and ordaining a penalty of double value to every mover or procurer of such grants The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Councell who might examine it lest that the Kings wants should light upon the Commons And to keep the hand of H. 6. from wastfull giving the Councell enduced him to convey to the Archbishop of Canterbury and others all profits of wards marriages reliefes escheats and forfeitures to defray the charge of his house It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoile for so are the words of the Record And it was the first and chiefest Article to depose R. 2. for wasting and bestowing the Lands and the revenue of the Crowne upon unworthy persons and thereby overcharging the Commons with exactions Nor yet to mention the Parliaments Soveraigne Power and Jurisdiction in making or proclaiming Warre or Peace in which they have oft times not onely advised but overswayed the King in creating the highest Officers in ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more anon or in ordering the Coyne and Money of the Land together with the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry presidents All which together with the Acts concerning his Purveyance Pardons Charters Grants and all Revenues Royall are strong u evidences of its Soveraigne Authority Nor yet to remember that inâ—allible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique servants to their Realmes ought to hazzard their lives for their Kingdomes safety and preservation as many have done in warres against enemies but never ought the whole Kingdome to be lost or hazzarded to preserve the Kings Prerogatives that of Iohn 11. 48 49 50. and chap. 1814. being an undoubtted rule in Divinity and Policy That it is expedient that any one man though a King yea Christ the King of Kings should die for the people that the whole Nation perish noâ— rather then the whole Nation die for him Priorque mihi potior ejus officii ratio esâ— quod humano generi quam quod uni hominum debeâ— as Seneca de Benefic l. 7. Gentilis de Iure Belli l. 1. c. 16. resolve from the light of nature and common reason I shall onely adde this important consideration to illustrate this obscured truth It can hardly seeme probable much lesse credible that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdome and set up an elective or hereditary King over them would so absolutely resigne up their Soveraigne popular â—riginall authority power and liberty to their Kings their heires and successors for ever as to give them an absolute irrevocable uncontroulable Supremacy over them superiour to irrestrainable irresistable or unalterable by their owne primitive inherent Nationall Soveraignety out of which their regall power was derived For this had been to make the Creator inferiour to the Creature the Parent subordinate to the Child the Derivative greater then the Primitive the Servant for Princes are but their Kingdomes publique Ministers more potent then the Master of Freemen to have made themselves and their Posterity absolute slaves and vassals for ever and in stead of a Principality intended only for their greater safety and immunity to have erected a Tyranny to their perpetuall irremediable Oppression and slavery A most brutish sottish inconsiderate rash action not once to be imagined of any people quite contrary to the practice of the Lacedemonians Romans Germans Aragonians and most other Nations who still reserved the Soveraigne power to themselves and never transferred it to their kings or Emperours who were ever subject to their jurisdictions and censures too as I shall manifest at large in the Appendix no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large not by the peoples free election and consents And had our Ancestors or any other Nations when they first erected Kings and instituted Kingly government been demanded these few questions Whether they meant thereby to transferre all their Nationall authority power and priviledges so farre over unto their Kings their heires and successors for ever as not still to reserve the supremest power and jurisdiction to themselves to direct limit restrain their Princes supremacy the exorbitant abuses of it when they should see just cause or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever Or if their King should turne professed tyrants endeavouring to deprive them against all right and justice of their Lives Goods Liberties Religion Lawes or make open warres upon them to destroy them or bring in forraigne enemies upon them to conquer or subject them to a forraigne power without their free consents that yet they should patiently submit themselves to these their unnaturall tyrannicall destructive proceedings without any the least resistance of them by necessary defensive Armes or calling theÌ„ to account for these grosse
at this day after three convictions is to be banished out of Westminster and rowed over the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves reclaimed Fifthly By the Common and Staetute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized on and sâ—cured or else their persons banished the Realm and lorders of England during the warres with others of that Nation least they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or places where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent Warreâ— with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or Wâ—lâ—s but banished thence and their Goods and persons seised on in times of warre to prevent trâ—achery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England â—y the very Law of Nations as just and necessary in times of warres as Martinus Laudensis de Repraesaliis de Bello Henricus Ranzovius his Commentarius Bellicus Geergius Obbrâ—ctus Disput Iuridica de Bello Henricus Boeâ—rus de Iure Prâ—gnae Hugo Grotius Albericus Gentilis in their Books de Iure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Walâ—s to repair to their Houses and Lands therâ— with all their Families for the dâ—fence and safetie of the Realm under pain of imprisonment and confiâ—cation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the Statutes confining Papists to their Houses and sundry other Presidents Therefore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsboâ—ow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seising of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majâ—stie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud or breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and after wards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Iohns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate sâ—isures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being met together in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions they should desert a perjured King and adhearing faithfully to them should with them inviolably stand and effectually contend for the Liberties and Peace of the Kingdom which if they contemned to do thâ—y would with force of Arms and Banners displayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT