Kingdom which if they contemned to do thy would with force of Arms and Banners disslayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People dâ—serting the King who had scarce seven Knights in 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 scattereth 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 consiscation 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 John 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 prudâ—nter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THESAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposureunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS est 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 baâ—ished 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 Corne the Oxen in the Ox-stalls the Horses in the Stables the Sheep in the Sheep-cots they likewise burned Segrave the native soyl of Stephen Justiciar 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 Enemies 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 FOVRTH PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments Right and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common saâ—ety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polonian Behemian Danish Swedish Scottish with other Foraine Kingdomes yea in the Kingdomes of Judah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices mis-government and sometimes capitally to proceed against them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaus Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliarii aiunt Regem nihil injuste facere posse quippe omnia omniunt ejus esse ac homines etiam ipsos-Tantum vero cuique esse proprium quantum Regis Benignitas ei non ademerit c. Vtcunque sit multi Principes his similibus consiliis consiliariis facti sunt enules miseri infames inhabiles in se posteritate sua amplius gubernandi Principis itaque Officium est ut non secus curet subditos quam fidelis Pastor oves ut dirigat foveat conservet It is this tenth day of July Ordered by the Committee of the House of Commons concerning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior John White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lawes Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountable for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to flatter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Jurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about them for a season sometimes for sundry yeares ere they can be perfectly drained and their bankers repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any humane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through want of time and sundry interrupting Avocations then I desired wherein I have impartially according to my judgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affection as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long foreâ—plotted conspiracies of Romish Priests and Jesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two much mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Judges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in-errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Jurisdictions Honours Profits and so may I. But this I darewith safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it
In the meane time I trust I have here sufficiently discovered refuted many common impostures and erroneous grosse mistakes in Law Policy Divinity Antiquity which have in later ages beene generally received as indubitable verities by most men yea professedly defended by sundry injudicious Lawyers and ignorant Divines though perchance reputed learned solid in their own and others opinions who never tooke the paines to dive into the true originall fundamentall creations institutions publicke Lawes Reasons Policies Jurisdictions compositions Rights Customes Histories of Kings Kingdomes Parliaments States Magistrates People the ignorance whereof hath made them confidently vent many grand absurdities and untruthes to the prejudice imbroyling and almost utter ruine of divers Kings and States which now I hope they will ingenuously acknowledge and recant with reall griefe and shame that they have so grossely cheated seduced Kings Kingdomes People and oft times stirred up civill warres to maintaine their idle lies crazy fictions as just Royall Rights and indubitable Prerogatives when as they are nothing lesse I shall not begge any mans beliefe of any Truth here newly discovered further than his own judgement conscience upon serious consideration shall convince him of it and himselfe discerne it fully ratified by substantial precedents and Authorities in the body and close of the Treatise Appendix Only this I shall request of every Reader to peruse over all the Parts of this Discourse with a cordiall Love of Truth and Peace and when he is convinced what is Truth then to live and dye in Pauls resolution 2 Cor. 13. 8. We can doe nothing against the Truth but for the Truth It was our Saviours owne reply to Pilate John 18. 37. For this end was I borne and for this cause came I into the world THAT I SHOULD BEARE WITNESSE UNTO THE TRUTH O then let it now be every ones end and practice too since it is the Truth and nothing else that shall make and keepe us free Free from Errors Troubles Tumults Warres Slavery Tyranny Treachery Popery dangers feares Wherefore love the Truth and Peace and then through Gods mercy we shall speedily regaine retaine them both Farewell THE Fourth Part of the Soveraign POWER of PARLIAMENTS and KINGDOMES The Parliaments Interest in the Militia Forts Navy Officers of the Kingdom IN the preceding Parts of this Discourse I have with as much perspicuity and sincerity as I could waded through those deepe and weighty differences of greatest importance which have lately to our great unhappinesse I know not by what evill spirits solicitation unexpectedly risen up by insensible degrees betweene the Kings Majestie and the present Parliament whose primitive sweet agreement made us not so happy as their subsequent Divisions in place affection opinion have rendred the whole three Kingdomes miserable in point of Royall Prerogatives onely which I have dispatched I should now proceed to other Controversies betweene them principally concerning the Subjects Liberties But before I passe to those particulars I shall present you with some few Records of speciall note casually omitted in their proper place through over-much haste and want of time which will very much cleare the Parliaments just right and ancient Jurisdiction In ordering the Militia of the Realme by Sea and Land in disposing the Ships the Forts of the Realme for the publicke safety in times of danger in concluding matters of Warre and Peace in placing and displacing the great Officers the Privy Counsellors of the Kingdome yea regulating the Kings owne houshold and meniall servants oft times when there was occasion which may serve as a supplement to the second part It it the determination of Henricus Rauzovius a Noble Dane a great Statesman and Souldier in his Commentarius Bellicus Dedicated to Christierne the fourth King of Denmarke Anno 1565. lib. 1. c. 3. That All Kings and Princes in most Republickes rightly and lawfully constituted are obliged by their paction entred into before their Inauguration Not to begin or move any Warre without the consent of all the Estates and Nobles Thus in my hearing Philip King of Spaine when he demanded and tooke an Oath from his Subjects in the Netherlands promised by a mutuall Oath to the Estates That he would make no warrs in those parts without their privity The same also most Noble King is received and observed not only in your Kingdomes and Dominions but likewise is in use almost in all Europe Therefore Frederick your Father of most famous memory knowing himselfe to be bound hereunto by compact before he would be involved in the Swedish Warre communicating the whole businesse faithfully to his people as well to the Senators of the Realme as to the Nobles of the Dukedomes maturely advised with them about the manner of waging it Wherefore lest the Warre which is undertaken bee accused as unjust by the States because it was undertaken without their advice contrary to custome and agreements all ought to be assumed into the Counsell and care of Warre For thus it will come to passe besides that things very well thought on and deliberated by many have for the most part better successes than those things which are rashly begun by some one that the Subjects who not unwillingly bring their estates and lives into danger will lesse feare the losse of both will fight more valiantly and will put forth all thier strength in prosecuting and ending the combate of warre even for this reason that themselves have beene the advisers of the warre Upon this reason not onely the Kings of the Jewes Arragon France Navarre and others as I have manifested in the Appendix but even of this our Realme have usually undertaken all their warres and ordered all their Military affaires both by Sea and Land by the advice and direction of their Parliaments as the Grand Councell of Warre both for King and Kingdome This I have plentifully manifested in the premises by sundry examples and shall here onely briefly ratifie with some few new Precedents In the first Parliament of 13 Ed. 3. after Proclamation made Num. 2. That none should come armed with weapons to the Parliament Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons to have their counsell and advice therein what was best to be done and expressed to be three First that every one great and small should consider in what manner the peace might most surely be preserved within the Realme Secondly how the Marches of Scotland and the Northerne parts might be best defended and kept against the enemies of Scotland Thirdly how the Sea should be guarded against the enemies that they should doe no dammage nor enter the Realme for to destroy it After this Num. 4. The Bishops and Letters from the King then in France relate to the Houses the Estate of the Kings Army warres and proceedings in France and the great debts the King stood ingaged in for the maintenance of his Army for discharge whereof and the Kings
Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such person or persons as the said Councell of warre should direct and that both those Treasurers and this Councell of warre and all other persons trusted with the receiving issuing bestowing and imploying of those moneys or any part thereof their heires executors and administrators should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings doings and proceeding therein and that the said Commons in Parliament shall have power by this Act to heare and determine the said account and all things thereto appertaining And withall they in this Act prescribe a speciall oath to the Treasurers Not to issue out any moneys without the Warrant of the Councell of war under their hands And another oath to the Councell of warre To make no Warrant for any moneys issued which are given by this Act but for some of those ends which are expressed therein and that to the best of their meanes they should imploy the said moneys accordingly and that freely without requiring any reward or allowance whatsoever Which presidents with others forementioned made His Majesty return this Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any His Majesty will be content to put in all the places both of FORTS and MILITIA in the severall Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unlesse such persons shall be named against whom He shall have just and unquestionable exception And thus much by way of supplement touching the Militia Concerning the Parliaments interest and right in electing and removing the Officers of the realme and the Kings meniall servants I shall onely adde these Precedents to the forementioned In the Parliament rolls 4 E. 3. Num. 1. Foure Bishops foure Earles and foure Barons were assigned to the King without whose consent or of foure of them no great businesse was to be transacted 14 E. 3. Num. 36. in the Parliament rolls The Parliament agreeth that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France In the Parliament rolls of 1 R. 2. Num. 18. 19. The Commons requested first that it would please the King to ordaine and nominate to them now in this present Parliament some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme and to have the Officers of the King of such persons who best knew and would and might most diligently travell for the redresse of the foresaid mischiefes and the good government and salvation of the realme so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and orders of that which they shall grant for the warres and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him as if aforesaid Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about or have the custody of the person of our Lord the King himselfe who is of such tender age and that those persons shall be of the most vertuous honestest and sufficientest of the Realm so that our said Lord who is a person sacred and anointed be nobly governed and brought up in good vertues and manners to the pleasure of God whereby all the Realme may be secured and amended and that it be likewise ordained that our Lord the King and his house be governed with good moderation and defray his expences onely out of the revenues of the Realme and other rights and seigniories of his Crowne And that all that which shall be granted to our Lord the King in maintenance of his wars shall be applied and expended in the warres and no part thereof otherwise in aid and discharge of his said commonaltie In the Parliament of 11. Richard 2. Num. 23. The Commons pray That no person of what state or condition he be should meddle with any manner of governance about the person of our Lord the King nor with the businesses of the Realm nor yet to councell our Lord the King but those Lords which are assigned and ordained in this present Parliament if it be not by ordinance of the continuall Councell and by assent of our Lord the King upon grievous paine And the same Lords which shall bee about the person of our Lord the King and of his Councell shall cause to remove all the persons which they think fit to remove in the houshold of our Lord the King without shewing favour to any and to put others in their places whom they shall think sufficient and vertuous And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in ' its regalty and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power according to the form of the Oath contained in a Schedule made in this present Parliament annexed hereunto to the intent that it may be notoriously known thorowout all the Realme that good and sufficient Councell is about the person of our Lord the King to the comfort of all his Commons and firme assurance and establishment of the Realme aforesaid the which Oath was made in forme ensuing You shall swear That you will not assent nor yet suffer as much as in you lieth That any Judgement Statute or Ordinance made or given in this present Parliament be any way annulled reversed or repealed in any time to come and moreover That you shall keep the good Laws and usages of the Realme afore these times made and used and shall firmely keep and cause to be kept good peace quiet and tranquillity in the Realme according to your power without disturbing them in any manner So helpe me God and his Saints The Answer As to the first point of this Article the King wils it And as to the second point If there be any Lord of the Councell or other Lord of the Realme which will informe the King That he hath any person about him not sufficient nor honest he wils that it being proved he shall be outed and removed and another sufficient by his advice put in his place In
the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Dâ—ne Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shhall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Bangor the Duke of Yorke the Earles of Som merset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawson In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may justly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most revered Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaine Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberland the Earle of Westmerland the Lord Cromwell the Lord Fitz-Hugh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff Thomas Chaucer William Allington In the Parliament of 29. Henry 6. num 16. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to These few fresh Presidents added to the precedent
and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them party because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to save their Purses or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statues De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and justice This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First then I answer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obliged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Histories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone these Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit the making of a Law against or to restrain it selfe being cleare out of the originall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiour Courts only within them they can no way extend to the Parliament but to them alone 3. The Parliament ever since the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of granting and imposing on the Subjects whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Taxes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restrained by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Nor We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye
that We c. out of meere and free will have given and granted to all Archbishops Bishops Eâ—rles Barons and to all free men of this our Realm of England and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c. our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavalliers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Judges Justices Officers and inferiour Courts of Justice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of * 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelatos Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus It is accorded and stablished That no imposition or charge shall be put upon Woolls Woollfels or Leather othâ—r then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aide or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies they shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessments by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a speciall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall tortious act of his paralleld in no age should nullifie the Parliament or any way invalid its Impositions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2. The right and power of granting imposing assenting unto Assessements Taxes Subsidies and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde
Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent of the Parliament so that their grant and assent in Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chattels c. in aide of the good keeping the Realme as well by Land as by Sea c. We your poore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Peeres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. An absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occasion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath promising amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oathes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King failed in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18 E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Jac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to grant them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le veult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assessement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est licitum est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40.
b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespasser Which case was agreed for good Law by all the Judges in the late Case of Ship-money argued in the Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a solâ—mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the samâ— c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oâ—lige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searcheâ— and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Term being then adjourned thither from London by reason of the Plague with a pâ—nalty to beâ—lâ—â—yed by distresse for non-payment of this Tax
was good to binde all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench William Jefferies Case and Pasch 41. Eliz. Pagets Case it was resolved That the Church-Wardens with the greater part of the Parishioners assents may lay a Taxe upon all the Parishioners according to the quantitie of their Lands and Estates or the number of Acres of Land they hold the Taxe there was four pence an Acre for Marsh-Land and two pence for Earable for the necessary reparation of the Church and that this shall binde all the Inhabitants so as they may be Libelled against in the Spirituall Court for non-payment thereof and no prohibition lieth The like hath been resolved in sundry other Cases And by the Common-Law of England where by the breach of Sea-Walls the Country is or may be surrounded every one who hath Lands within the levell or danger which may have benefit or losse by the inundation may and shall be enforced to contribute towards the repair and making up of the Sea-walls and a reasonable Tax assessed by a Jury or the Major-part shall binde all the rest because it is both for their own private and the common good If the Law be thus unquestionably adjudged in all these Cases without the Kings assent then much more must this Assessement imposed by both Houses be obligatory in point of Law and Justice though the King consented not thereto since the Houses and whole Kingdom consented to it for their own defence and preservation Sixthly This is a dutie inseparably incident by the Fundamentall Law and originall compact of every Kingdom Citie Corporation Company or Fraternitie of men in the World that every Member of them should contribute proportionably upon all occasions especially in Cases of imminent danger toward the necessary charges defence and preservation of that Kingdom Citie Corporation Company or Fraternitie of which he is a Member without which contribution they could be neither a Kingdom Citie Corporation Company Fraternitie or have any continuance or subsistence at all Which Contributions are assessed by Parliaments in Kingdoms by the Aldermen or Common-Councell in Cities by the Master and Assistants in Fraternities and what the Major part concludes still bindes the Residue and the dissent of some though the Major or Master of the Company be one shall be no obstacle to the rest This all our Acts concerning Subsidies Aydes Tonnage and Poundage the daily practice and constant experience of every Kingdom Citie Corporation Company Fraternitie in the World manifests past all contradictions which being an indubitable veritie I think no reasonable man can produce the least shadow of Law or Reason why the Parliament representing the whole Body of the Kingdom and being the supream Power Counsell in the Realm bound both in Dutie and Conscience to provide for its securitie may not in this Case of extremitie legally impose this necessary Tax for their own the Kingdoms Subjects Laws Religions preservations of which they are the proper Judges Gardians and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike who impose now farre greater Taxes on the Subjects and plunder spoyl destroy them every where directly against the Law of purpose to ruine both Parliament Kingdom Religion Laws Liberties and Posteritie Seventhly It is confessed by all That if the King be an Infant Non-Compos absent in Forraign remote parts or detained prisoner by an Enemy that the Kingdom or Parliament in all such Cases may without the Kings actuall personall assent create a Protector or Regent of their own Election and not onely make Laws but grant Subsidies impose Taxes and raise Forces for the Kingdoms necessary defence as sundry domestick and forraign Presidents in the preceding Parts and Appendix evidence And Hugo Grotius Junius Brutus with other Lawyers acknowledge as a thing beyond all dispute Nay if the King be of full age and within the Realm if a forraign enemy come to invade it and the King neglect or refuse to set out a Navy or raise any Forces to resist them The Lords and Commons in such a Case of extremitie may and are bound in Law and Conscience so to do for their own and the Kingdoms preservation not onely in and by Parliament but without any Parliament at all if it cannot be conveniently summoned lawfully raise forces by Sea and Land to encounter the Enemies and impose Taxes and Contributions to this purpose on all the Subjects by common consent with clauses of distresse and imprisonment in case of refusall as I have elsewhere proved And if in Case of invasion even by the Common-Law of the Realm any Captains or Souldiers may lawfully enter into another mans ground and there encamp muster or build Forts to resist the Enemy or pull down the Suburbs of a Citie to preserve the Citie it self when in danger to be fired or assaulted by an Enemy without the speciall consent of King Parliament or the Owners of the Lands or Houses without Trespasse or offence because it is for the publike safetie as our Law Books resolve Then much more may both Houses of Parliament when the King hath through the advice of ill Councellors wilfully deserted them refused to return to them and raised an Army of Papists and Malignants against them and the Realm now miserably sacked and wasted by them as bad as by any forraign Enemies both take up Arms raise an Army and impose Assessements and Contributions by Ordinances unanimously voted by them against which no Lover of his Country or Religion no nor yet the greatest Royallist or Malignant can with the least shadow of Law or Reason justly except Eightly If they shall now demand what Presidents there are for this I Answer First That the Parliament being the Soveraign Power and Counsell in the Realm is not tyed to any Presidents but hath power to make new Presidents as well as new Laws in new Cases and mischiefs where there are no old Presidents or vary from them though there be ancient ones if better and fitter Presidents may be made as every Court of Justice likewise hath Power to give new Judgements and make new Presidents in new Cases and may sometimes swerve from old Presidents where there were no ancient Presidents to guide them even as Physitians invent new Medicines Chyrurgions new Emplaisters for new Diseases Ulcers or where old Medicines and Balsomes are inconvenient or not so proper as new ones And as men and women daily invent and use new Fashions at their pleasure Tradesmen new Manifactures without licence of King or Parliament because they deem them better or more comely then the old Secondly I might demand of them by what old domestick lawfull Presidents His Majesties departure from the Parliament His Levying Warre against it His proclaiming many Members of it Traytors and now all of them Traytors and no Parliament His unvoting of their Votes
in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Army of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpatâ— as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note in former in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readâ—ly submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declaration Proclamations Inhibitions in His Majesties Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis 〈◊〉 fando temp ret a lachrymis Adde to this That the Lords Justices and Councell in Ireland the twenty nine of June 1643. have without authoritie of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledge That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigerne Sigebâ—rt Osred Ethelred Beornard Leowulfe Edwine whom they deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King John Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sentit commodum sentire debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemies granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wooll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a fleet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they feared not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privately with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was takâ—n particular by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Justices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Woolles of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silver Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say
they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Judicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habcas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. E. 6. cap. 1. 1. Eliz. cap. 2. with other Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Judges nor any Inferiour Officers or Courts of Justice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into pest-Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly reâ—olved in Parliament upon the making of the Sâ—atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 19. E. 1 Of Pâ—irce Gavaston and the two Spencers in King Haward the second his raign Of the Lord Maltravâ—rs in Edward the third his raign Of Bâ—lknap and divers over Judges in the 10 and 11 yâ—ers of Richard 2. his
the mediation of timorous men he 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 delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could which made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Longshamp Bishop of Ely Lord Chancellour of England Earl John and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons one of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like for their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who bears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudsidies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or seduce or withdraw others by factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrines or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Invocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkâ—s persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the
Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia Denmarke Poland Sweden Scotland yea of Judah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaments People who had not only a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernment With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exorbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back theforecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though sudenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Judah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these or Princes persons I shall begin with whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings the Roman State as having much affinity with curs which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest quality he stiled Senators making them a Court of Counsell and Justice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the night time and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that lest they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the people command consent and approbation was made King which Livy thus expresseth Tullum
demands and offers it was finally determined That the Dutchy of Normandy was so appropriated unto the King of France and to his heires that in no wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annuall rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haereditarium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answere That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempost fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinkes yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene ourselves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there were of mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authoritie without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowne descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Parliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the
by a Decree of the eight and twentieth day of Iuly declare all Treaties made or to be made to that end void and of no validitie as being made to the prejudice of the Salique Law and othe fundamentall lawes of State The king to quiet these differences and gain peaceable possession of the Crown most unworthily deserts his Religion reconciles himselfe to the Church and Pope of Rome yet one Peter Barriere seduced and perswaded by a Capuchin of Lyons Aubry a priest of Paris and father Varide a lesuite was apprehended at Melua and executed for attempting to murther the King with a sharpe two-edged Knife which fact he confessed After this the Townes subject to the League returne by degrees to the obedience of the Crown the king is solemnly Crowned at Chartres Rhemes shutting the gates against him This done he surprizes Paris and notwithstanding their former rebellions grants them all free pardon upon their submissions The Parliament at Paris disanuls all the Decrees of the League and pretended assembly of Estates as void and done by private persons without due election grants Processe against the Iesuites as chiefe pillars of the League disgracing the new Kings Majesty and the memory of the deceased King in their Sermons and perswading the execrable attempt of Peter Barriere to stabbe him the Cardinall of Burbon the Duke of Nevers with others protect and 〈◊〉 for them who soone after suborne Iohn Chastle one of their Novices of the age of eighteen years to stabbe the king who creeping into the kings chamber at the Kouure in Paris among the presse December 27. 1594. and thinking to stabbe the king in the belly as he resolved struck him on the upper Lip and brake a Tooth as he stooped to takeup some Gentleman who saluted him for which fact he was condemned by the Parliament as guilty of High Treason his body adjudged to be torne in peeces by four horses then burnt to ashes and cast into the winde and all his Goods confiscate to the king All the Iesuites with their schollers were hereupon banished the Realme as corrupters of youth troublers of the publike quiet enemies of the Kings State and none of them to remaine above fifteen dayes nor any to harbour them within the Realme under paine of High Treason I have heard from a Gentleman of credite which served this king that when he was thus stabbed in the mouth by Chastle one of the Religion gave him this Christian admonition Sir you have denied God already with your mouth in renouncing the protestant faith which you once professed now God in his justice hath permitted this Iesuite of that Religion you revolted to thus to stabbe you in the mouth O take heed you deny him not in your heart lest the next stroke they give you be to the heart Which fell out accordingly for after four or five more severall attemps of the Iesuites and Papists to murther him which were discovered and prevented he was stabbed to death with a Knife by one Francis Ravillac a Papist at the Iesuites instigation as he was riding in his Caroch neare to Innocents church in Paris for suffering two religions in the Kingdome as the Traitor professed This Villaine stabbed him first in the left Pap and next between the fift and sixt Ribbe cutting asunder the veine leading to the heart and entring into the Cava vena and being dead the Iesuites of his royall Colledge at la Fletche whom he restored and favoured exceedingly notwithstanding their former Treasons and banishments of them out of France causing the Pyramis erected by sentence of Parliament as a monument of their Treasons to be rased and yet were found to have a chiefe hand in this his death begged and procured his heart to be there interred O the admirable passages of Divine Iustice that those two Henries who most advanced the Popish Religion and abandoned the Protestant faith to humour the Iesuites and Papists thereby to secure their Crownes and lives as they beleeved should thus fatally perish by those of that Religion and their unlawfull revolts thus used to preserve their lives whereas our noble Queen Elizabeth continuing constant in her Religion notwithstanding all allurements menaces and attempts upon her person to withdraw her from the truth was miraculously preserved from all the bloody assaults of this infernall generation of Romish Vipers and went to her grave in peace But to return to this kings actions Anno 1596. king Henry calls a generall assembly at Roan in forme of a Parliament where he speaking to the assembly told them That at his coming to the Crowne he had found France not onely ruined but almost all lost for the French but by the grace of Almighty God the prayers and good counsell of his subjects the sword of his Princes and brave generous Nobilitie and his owne pains and labour he had saved it from losse let us save it now from ruine participate with me my dear subjects in this second glory as you have done in the first I have not called you as my Predecessors did to make you approve my will I have caused you to assemble TO HAVE YOVR COVNSELS TO BELEEVE THEM AND TO FOLLOW THEM finally TO PVT MY SELFE INTO YOVR HANDS A desire which seldome commands Kings that have white hairs and are Conquerours But the love I beare unto my subjects and the desire I have to adde these twoo goodly Titles to that of king makes me to finde all easie and honourable After this the King and Parliament set forth divers Edicts against the transportation of Gold and Silver the wearing of Gold Silver excessiveusurie Advocates extortions Duels Bankrupts and the like This Martiall King being murthered by Ravillac as aforesaid the Crowne descended to Lewes his Sonne not then ten years old The Court of Parliament at Paris having notice of his death made this Decree in Parliament May 14. Anno 1610. Whereas the Kings Attorney Generall hath informed the Court of Parliament and all the Chambers thereof assembled that the King being now murthered by a most cruell inhumane and detestable Paricide committed upon his most sacred Person it were very necessary to provide for the affairs of the present King and for his Estate and hath required that there be present order given concerning the service and good of his Estate which cannot be well governed by the Queen during the minoritie of the King her sonne and that it would please the said Court to declare her Regent that the affairs of the Kingdome may be governed by her Whereupon having consulted THE COVRT HATH DECLARED AND DOTH DECLARE THE QVEEN mother to the King REGENT OF FRANCE for the governing of the State during the minoritie of her sonne with all power and authoritie The next day the King himself sitting in the Seat of Iustice in Parliament by the advice of the Princes of his blood Prelates Dukes Peers and Officers of the Crown according to the Decree
certain dangers many things are effected by triall which seemed difficult to slothfull men I know not what stupidity hath seized on many whom neither glory moves nor the infamy of the wretchednesse thinking it great liberty enough if they be freed from scourges I suppose the Popes ears will not be so averse to our affairs that he will not be moved with our most just prayers and the equity of the cause Let some now be sent who may boldly defend the cause of our liberty before him and teach him that the Germans demand unjust things Mine opinion is that the liberty gained by our Ancestors is to be defended with arms against the attempts of all men and with this my sword I will maintain THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY who out of a simulation of a fond Religion or shew of preposterous caution shall give contrary advice neither shall resolve that servitude is to be repudiated with greater care by us then domination is affected by them So farre forth as every one shall addict himself to the liberty of his Countrey so far shall I be a friend unto him or a deadly enemy This opinion of Roderic prevailed in pursuit whereof they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupert Cardinall of Saint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacobus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conquered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperors whereof we may read the Glosse upon the Chapter Adrianus Pâ—pa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly defend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the charges of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnish so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pnrsuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grieâ—ously offended Thus these good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Navarre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were too young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so faâ—re provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shut them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the next day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—n honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Boria elected Ramier a Monke brother to king Alphonso for their King who was much deriued of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remires their King of Navarre and so the Realmes of Arragon and Navarre which had been united 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost his sences Anno 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Taxe upon the
people whereto the Nobilitie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infringe their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their liveâ— Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile z An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the supersluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the kings Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Alphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonora his Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Houses at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house beat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217. yet this his casuall death for ought I finde was neither reputed Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was proclaimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up to her sonne Fernand About this time the Moores in Spain rejected the Miraluminis of Africk and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues a warre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being somewhat pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Girone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negligence and basenesse of their king Don Sancho
was to performe Anno 1574. After which he secretly departing out of Poland without the assent of the Nobles to take possession of the Crowne of France within 3. monthes after his Coronation in Poland the Polonians sent Messengers after him to Fâ—rrara June 16. 1574. who denounced to him that unlesse he returned into Poland before the 12. of May following they would depose him and elect another King Which he neglecting they in a generall assembly of the Estates at Warsauia deprived him of the Crowne and elected a new King the Chancellor and greatest part of the Counsellers elected Maximilian the Emperour Some others with the greater part of the Nobility desiring to have one of the Polish blood elected Anno sister of their deceased King Sigismund giving her for husband Stephen Battery Prince of Transylvania and proclaimed him King The Emperour making mary delayes Stephen in the meane time enters Poland marrieth Anne and is crowned King by generall consent February 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles I Stephen by the grace of God elected King of Poland great Duke of Lithunia c. Promise and sacredly sweare to Almighty God upon these holy Evangelists of Iesus Christ that I will hold observe deford and fulfill in al. conditions criticles and points therein expressed all Rights Liberties Securities priviledges publike and private not contrary to the common Law and Liberties of both Nations justly and lawfully given and granted to the Ecclesiastickes and seculars Churches Princes Barons Nobles Citizens inhabitants and any other persons of what state and condition so ever by my godly Predecessors Kings Princes or Lords of the Kingdome of Poland and of the great Dukedome of Lithuania especially by Casimir Lewis the great called Loys Vladislaus the first called Iagiello and his brother Withold great Duke of Lithuania Vladislaus the 2. Casimyr the 3. Iohn Albert Alexander Sigismund the first and 2. Augustus and Henry Kings of Poland and great Dukes of Lithuania or derived and granted from them together with the Lawes enacted and established or offered by all the States during the Interregnum and the pacts and agreements of my Orators made with the States in my name That I will defend and maintaine peace and tranquility between those who differ about Religion neither by any meanes either by Our Iurisdiction or by any authority of Our Officers or states permit any to be troubled or oppressed neither will we our Selfe injure or oppresse any by reason of Religion All things any way whatsoever unlawfully alienated or distracted either by warre or any other meanes from the Kingdome of Poland the great Dukedome and their dominions I will re-unite to the propriety of the said Kingdome of Poland and great Dutchy of Litluania I will not diminish the lands of the Kingdome and great Dukedome but defend and enlarge them I will administer justice to all the inhabitants of our Kingdome and execute the publike Laws constituted in all my Dominions without all delaies and prorogations having no respect of any persons whatsoever And if I shall violate my Oath in any thing which God forbid the Inhabitants of my Realme and of all my Dominions of what Nation soever shall not bee bound to yeeld me any Obedience Yea I doe ipso facto free them from all Faith and Obedience which they owe unto me as King I will demand no absolution from this my Oath of any one neither will I receive any which shall be voluntarily offered So helpe me God To this notable Oath an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings this King within 4. dayes after his Coronation added a confirmation of their Priviledges containing the same heads enlarged with a few more words which he confirmed with his solemne deed and Royall Seal and delivered the same to the Chancellor and Vice-chancellor of the Realme to give out Coppies of them under the great Seale to all the States of the Realm who meeting afterwards in a Parliament at Warsauia Anno 1562 there was much debate about setling of the Premises and nothing concluded Anno 1587 the States of Poland questioned and opposed K. Stephen for violating their Priviledges and those of Riga tooke up armes in defence of them refusing after his death to repaire to the Assembly of the States at Warsauia Anno 1587. vnlesse their Priviledges might be preserved and rectified as you may read at large in Chytraeus King Stephen dying the Estates of Poland and Lithuania assembled at Warsauia Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum and enacted that no new King should be elected but by the unanimous consent and agreeing Suffrages of all the Estates and that he who shall nourish factions or receive gifts or rewards or use any other practises about the election of a new King should bee reputed an Enemy of his Country After which they proceeding to an Election there were divers competitors named and after many debates One part chose Maximilian Duke of Austria the other Sigismund the King of Swethland his Sonne both of them uppon expresse articles and conditions which they both sealed and swore unto the chiefe whereof were these To preserve all their Rights Lawes Priviledges and Immunities publike or private inviolably To keepe all former Leagues and Truces To bestow no Offices upon strangers nor harbour any about them except some few Private servants but native onely and to be conselled and advised by them alone To maintain a Navy Garrisons and build divers Castles in the Frontiers at their owne costs for the Kingdomes preservation To redresse all grievances maintaine the Priviledges Rights and Peace of those who differed in Religion To procure and augment the weale peace Priviledges and safety of the Realme and perform all Articles mentioned in the Oathes of King Henry and Stephen In fine this competition comming to bee determined by the sword Maximillian was taken prisoner by Sigismund and forced to release his right to obtain his liberty And a Decree passed in Parliament That no man hereafter should in the Election of the King of Poland presume to name or recommend any of the house of Austria to the Crown and if any did he should be ipso facto infamous Which decree the Emp. Rodolph desired might be abolished as being a disparagement to that family yet prevailed not After which this King managed all things concerning Warre Peace and the Government of the Realm by advice of his Parliament as Chytraeus at large relates and his Successors to this present have done the like taking the Crown upon such conditions and making such conditionall Oathes at their Coronations as Steven did at his Denmarke For the Kings of Denmarke I have formerly proved That they can make no War Peace Lawes nor lay any impositions on their subjects but by common consent of the Estates in Parliament their Kings being elective by the people and
not daring to goe abroad to suppressâ— bâ—ing generally hated was at last strangled by his own fellowers in the night in his own House Ethedius the 2. being a stupid man and of a duller wit then was suitable to the government of so fierce a people the Nobles hereupon assembling together oâ—t of their respect to the family of Fergusius would not wholy deprive him of the name of a King though he were slothfull being guilty of no crime but assigned Him governours to execute Justice in every County at last he was slain in a tumult of his familiars King Athirco his sonne degenerating from his former vertues and growing extreamely covetous angry luxurious sloathfull and leaving the company of all good men was not ashamed to goe openly in the sight of the people playing upon a Flute and rejoycing more to be a Fiâ—ler then a Prince whereby he became very odious to the people at last ravishing the daughters of Nathalocus a Noble man and then whipping and prostituting them to his lewd companions lusts thereupon the Nobles rising up in Armes against him when he had in vain endeavoured to defend himself by force being generally deserted by his own people who hated him for his wickednesse he murthered himself and his brother Donus was enforced to flie with his little ones to the Picts to save his life Nathalicke succeeded in his Realme governing it ill by indigent ordinary persons who would attempt any wickednesse and treacherously strangling divers of the Nobility who were opposites to him in the prison to which he committed them to establish his Kingdome thereupon their friends with others being more enraged against him raised an Army to suppresse him which whiles he endeavoured to resist he was slain by one of his own servants or as some say by a Sorceresse with whom he consulted to know his end King Findocke being treacherously slain through the conspiracy of Carantius his second brother Donald his third brother was elected King Donald of the Isles usurping the Realme by violence so farre oppressed the people by ill officers and discords raised amongst them that he durst seldome stirre abroad he never laughed but when he heard of the discord and slaughter of his Nobles for which he was at last surprised and slaine by Crathilinthus who was unanimously elected King and slew all thâ—s tyrants children After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian two brethren Romach at last conquering his brother and chasing him into Ireland gained the Crown rather by force then love of the people which to preserve he shewed himselfe very cruell to the adverse party reduced capitall causes to his owne arbitrement and putting many to death strucke a generall feare in all good men Upon this he grew so generally odious to all estates that they conspired against and suppressed him before he could collect his Forces and cutting off his head carried it about 〈◊〉 Poll as a joyfull spectacle to the people Constantine the first of Scotland as soone as he obtained the Crowne loosed the reines to all Vices he was cruell and covetous towards his Nobles kept company with men of the basest Ranke gave himselfe onely to the rapes of maides matrons and immoderate feasts having fidlers Stage-players and ministers of all sorts of pleasures almost about him with which vices the Nobles of Scotland being offended admonished him of his duty But he proudly contemning them wished them to looke after other matters saying he had councell enough from others and that they should lay aside their false hope that they could reclaime the King by their Councell On the contrary he was of so poore a dejected Spirit towards his enemies that he not onely granted them peace but remitted them injuries and restored them Castles as soone as they demanded them Which caused the Picts and Scots to consult together to depose him by force of Armes from which Douglasse disswaded them for the present by reason of their forraigne wars with the Britans and Saxons In the end he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne King Goran was slaine by the people for favouring Towers chiefe Inquisitor or judge of capitall causes who much oppressed the people his children being young Hugonius succeeded to the Crown and afterwards his brothers Congalus and Kumatel after whom Ardan the sonne of King Goran reigned Ferquhard the 52. King of Scots a craftie man desiring to turne the Kingdome into a tyrannie nourished great divisions among the Nobles but they discovering his malice privily enter into an accord among themselves and calling a Parliament sommoned him thereunto who refusing to appeare keeping within his Castle they thereupon tooke it by force and brought him to judgement against his will where many and grievous crimes among others his cruelty and negligence in the affaires of the Common-wealth the Pelagian Heresie with contempt of Baptisme and the other Sacraments were objected against him of none whereof he being able sufficiently to purge himselfe was cast into prison where out of shame and sorrow he slew himselfe Ferquhard the second a man polluted with all kinde of wickednesse an unsatiable desirer of wine and money inhumanely cruell towards men and impious towards God when he had every where vexed others with cruelty and rapines at last turned his fury against his owne slaying his owne wife and ravishing his owne daughters for which wickednesses he was excommunicated but the Nobles willing to assemble together to punish him were diswaded by holy Bishop Colman who told the King openly that some Devine judgement would shortly seize upon him which fell out accordingly for falling into a Feaver and not abstaining from his intemperance he was eaten up of lice Maldwin 55. King of Scotland was strangled by his Queen for suspition of Adultery with an Harlot for which fact she her selfe was burned 4 dayes after Amberkelethus a vicious wicked king was slain by one of his own men with an arrow in the night when he was marching against the Picts whereupon lest the Army should be dissolved or left without a Generall Eugenius the 7 th was presently chosen King in the Tents who making peace with the Picts his wife being slaine in his bed by two conspirators who sought his life the king being suspected of this murther was thereupon imprisoned but before his triall set at liberty by the apprehension of the Murtherers King Eugenius the 8 th rushing into all Vices and neither regarding the admonitions of his Nobles or Clergie was for his filthy lusts covetousnesse and cruelty slaine in the assembly of his Lords by their generall consent and his companions in wickednesse and villany hanged which was a gratefull spectacle to the people Fergusius the third succeeded him both in his Crowne and Vices he was a foule drunken glutton and so outragiously given to Harlots that he neglected his owne wife and brought her to such poverty
of the Lord unto the people that asked of him a King and he said This will be not ought to be the manner of the King that shall reign over you he will take your sons and appoint them for himself c. and ye shall be his servants and ye shall crie out in that day because of YOVR KING WHICH YE SHALL HAVE CHOSEN YOV and the Lord will not hear you in that day Neverthelesse the people refused to obey the voyce of Samuel and they said Nay BVT WE WILL HAVE A KING OVER VS that we also may be like all the Nations and that our King may judge us and go out before us and fight our battels And Samuel heard all the words of the people and rehearsed them in the ears of the Lord And the Lord said unto Samuel Hearken unto their voyce and make them a King After which when God had appointed Saul to be their King Samuel called the people together unto the Lord in Mizpeh and recapitulating the great deliverances God had done for them added And ye have this day rejected your God who himself saved you out of all your adversities and tribulations and ye have said unto him Nay BVT SET A KING OVER VS c. And Samuel said unto all the people See ye him whom the Lord hath chosen that there is none like him among all the people And all the people shouted and said God save the King After which he expostulated again with them thus And when ye saw that Nahash King of the Children of Ammon came against you ye said unto me Nay BVT A KING SHALL REIGN OVER VS when the Lord was your King Now therefore behold the KING WHOM YE HAVE CHOSEN AND WHOM YE HAVE DESIRED c. that ye may perceive and see that your WICKEDNESSE is great which ye have done in the sight of the Lord IN ASKING YOV A KING And all the people said unto Samuel Pray for thy servants unto the Lord thy God that we die not for we have added unto all our sins this evill TO ASK A KING Which compared with Hos 13. 10 11. I will be thy King where is any other that may save thee in all thy Cities and thy Iudges of whom thou saidst GIVE ME A KING AND PRINCES I gave thee a King in mine anger and tooke him away in my wrath with Acts 13. 21. And afterward THEY DESIRED A KING and God gave them Saul the son of Cis by the space of forty years All these concurring sacred Texts will infallibly demonstrate that this change of the Iudges into Kings and the originall creation of their Kings and kingdoms proceeded only from the importunity and authority of the people who would not be gainsaid herein not from Gods institution or Samuels approbation who censured and disavowed this their motion though they at last condescended to it all which is elegantly related confirmed by Iosephus Antiqu. Iudaeorum l. 6. c. 4 5 6 7. By all this it is apparent that the congregation and people of the Iews had the Soveraign power in themselves as well as other Nations because the authoritie to alter the whole frame of their former Aristocraticall Government into a Monarchy resided in them though they were taxed forchanging it in Samuels dayes who had so justly so uprightly judged them Secondly it is apparent that the Iudges and kings of the Israelites were not properly hereditary but oft elective by the people and though God did sometimes immediately nominate the persons of those that should reign over them as is apparent by Saul David Ieroboam Iohn others yet the people did constantly confirm make them kings and gave them their royall authority none being made kings by Divine appointment but such as they willingly accepted approved confirmed for their kings Gods previous designation being but a preparative to their voluntary free not restrained or limited election The first king among the Israelites though but over part of them was Abimelech the son of Ierubbaal who was made king by the peoples election Iudges 9. 1 to 7. who having perswaded those of Sechem to elect him for their king thereupon ALL THE MEN of Sechem gathered together and ALL THE HOVSE of Millo went and MADE ABIMELECH KING whence Iotham thus upbraided them and him Verse 14. to 19 Then said all the trees unto the Bramble come thou and reign over us And the Bramble said unto the trees If in truth ye annoint me king over you then come and put your trust in my shadow c. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING c And that ye have risen up against my fathers house this day and have MADE Abimelech king c. We read Iudg. 8. 21 23. that after Gideon had slain Zebah and Zalmunna with the Midianites The men of Israel said unto Gideon Rule thou over us both thou and thy sons and thy sons son also for thou hast delivered us from the hand of Midiar And Gideon said unto them I will not rule over you neither shall my son rule over you the Lord shall rule over you Where we clearly see the power and right to elect a Ruler and to limit the government to him and his Issue for three Generations only to reside in the peoples free election So Iudges 10. 17 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead the people and Princes of Gilead said one to another What man is he that will begin to fight against the children of Ammon he shall be Head over all the Inhabitants of Gilead And the Elders of Gilead went to fetch Iephthah out of the Land of Tob and said unto him Come and be our Captain that we may fight with the Children of Ammon and be our Head over all the inhabitants of Gilead Vpon promise of which dignitie he went with them to Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVER THEM That the election and making of their Kings belonged of right to all the people is past dispute being so resolved by God himself Deuter. 17. 14 15. When thou art come into the land c. and shalt say I WILL SET A KING OVER ME like as all the Nations that are about me THOV shalt in any wise SET HIM KING OVER THEE whom the Lord thy God shall choose one from among thy Brethren shalt THOV SET OVER THEE THOV MAIST NOT SET A STRANGER OVER THEE Where the power of creating and electing the King is left wholly to the peoples free choice with these generall restrictions that he should be one of their brethren not a stranger and particularly qualified as is there expressed And though God did sometime design and nominate their Kings yet he left the power of approbation and ratification of them free to the people as is apparent by 1 Sa. 8. 18. And ye shall crie in that day because of the King
WHICH YE SHALL HAVE CHOSEN you Hence Saul their first King though nominated and designed by God and Samuel was yet approved confirmed and made King by the People Who shouted and said God save the King when Samuel presented him to them 1 Sam. 10. 24. But the children of Belial despising and bringing him no presents Verse 27. after Saul had conquered the Ammonites who besieged Iabesh Gilead The people said unto Samuel who is he that said Shall Saul Reign over us bring the men that we may put them to death Then Saul said There shall not a man be put to death this day for this day the Lord hath wrought salvation in Israel Then said Samuel to the people Come let us go to Gilgal and renew the Kingdom there And ALL THE PEOPLE went to Gilgal and there THEY MADE SAVL KING before the Lord in Gilgal Where Samuel useth this speech to the people concerning Saul Now therefore behold THE KING WHOM YE HAVE CHOSEN and whom Ye have desired the Lord hath set a King over you So that the choice and election of him was as well theirs as Gods And Verse 25. he calls him Your King because chosen and made by as well as for the people Saul being slain by his owne hands the Crown descended not to his sonne by way of descent but David succeeded him by Gods designation and the Peoples election too by whose authority he was made and crowned king being formerly annointed by Samuel to succeed Saul This is irreâ—ragable by the 2 Sam. 2. 4. Where David going up to Hebron by Gods direction the men of Iudah came and there They Annointed David King over the House of Iudah After which 2 Samuel 5. 1. 105. ALL THE TRIBES OF ISRAEL came to David to Hebron and spake saying Behold we are thy bone and thy flesh Also in time past when Saul was King over us thou wast he that leddest out and broughtest in Israel And the Lord said to thee Thou shalt feed my people Israel and thou shalt be a Captain over Israel So AL THE ELDERS of Israel came to the King at Hebron and King David made a League or Covenant with them before the Lord and THEY ANNOINTED DAVID KING OVER ISRAEL And in the 1 Chron. 12. 23. to 40. Wee have a particular recitall of the numbers of the bands that were ready armed to the Warre and came to David to Hebron to TVRN the Kingdome of Saul TO HIM and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING Whose title to the Crown being afterward shaken by his sonne Absalom who cunningly usurped it and that by the election of the people too as is evident by Hushai his speech unto him 2 Sam. 16. 18. Nay but whom the Lord and THIS PEOPLE AND ALL THE MEN OF ISRAEL CHOOSE his will I be and with him I will abide compared with 2. Sam. 29. 9 10. And all THE PEOPLE were at strife thorow all the Tribes of Israel saying Absalom whom WE ANOINTED OVER VS is dead c. A cleare evidence the kingdome was then held elective and that the people had the Soveraign power of electing and creating their kings all the people throughout all the Tribes of Israel and the men of Iudah to re-establish David in his Throne being fled out of the Land sent this Message to him Returne thou and all thy servants Whereupon the King returned and all the Tribes went as farre as Iordan to meet and bring him back again to Gilgal David growing old his son Adonijah against his consent accompanied with some great Officers and Courtiers of his party usurped the Crown and was by them saluted King but David hearing of it by Gods election and choise commanded Solomon though not his eldest sonne to be annointed and proclaimed King and to sit upon his Throne in his life time As soon as he was anointed and the Trumpet blew ALL THE PEOPLE said God save king Solomon And ALL THE PEOPLE came up after him and piped with fluits and rejoyced with great joy so that the earth rent with the sound of them So that all Adonijah his company forthwith deserted him and he and Ioab were glad to flee to the hornes of the Altar for shelter After which David assembled all the Princes of Israel the Princes of the Tribes the Captaines of Companies thousands and hundreds the Stewards Officers and mighty men with all the valiant men of his kingdome to Ierusalem then he declared to all the Congregation that God had chosen Solomon to sit upon the Throne of the kingdome of the Lord over Israel and to build him an house c. exhorting them to contribute liberally towards this building which they did and when they had blessed the Lord and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the sonne of David KING THE SECOND TIME AND ANOINTED HIM unto the Lord TO BE THE CHIEFE GOVERNOVR his first Coronation being but private without the presence and consent of the whole Realme but of those only then present in Ierusalem Then Solomon sate on the Throne of the Lord as king instead of David his Father and ALL ISRAEL OBEYED HIM and all the Princes and mighty men and likewise all the sonnes of David submitted themselves to him as thâ—â—r king after he was thus generally elected and crowned king the 2. time by all the Congregation And after Davids death he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him From which History of Solomon it is cleare 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation yet hee thought that title not sufficient without a second Election admission and Coronation of him by all the People and generall Congregation 2. That till this his second inauguration by all the people he was not generally acknowledged nor obeyed by all as their lawfull king 3. That Gods and Davids designation of Solomon to the Crown did not take away the peoples liberty right and power freely to nominate make and choose their kings their preuious designation being thus accompanied with this tacit condition that the people likewise should freely elect constitute and crown him for their king else what need of this their subsequent concurrent acceptance and second coronation of him for their king by all the congregation if their consents and suffrages were not necessary or how could he have raigned over them as their lawfull king had not the people generally chosen accepted admitted him for their Soveraigne Solomon deceasing Rehoboam his eldest sonne went up to Sechem what to doe not to claime the crown by discent from his Father but by election from the people as the following History manifests FOR ALL ISRAEL were come to Sechem TO MAKE HIM KING if to make him
king then he was no king before they had made him as many Divines most sottishly averre against the very letter of the Text and Iosephus who writes That it pleased the Assembly of the Israelites there held that HEE SHOULD RECEIVE THE KINGDOM BY THE PEOPLES CONSENT And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam saying Thy Father made our yoake grievous now therefore make thou the grievous service of thy Father and his heavy yoake which he put upon us lighter AND WE WILL SERVE THEE because naturally subjects delight in mild Kings who will somwhat descend from their altitudes saith Iosephus This was the condition they propounded to him before they would accept him for their king and upon this condition only would they admit him to reigne over them therefore doubtlesse the disposall of the Crown and limitation of the kings royall power resided in all the congregation who had authority to prescribe their kings what equall and just conditions they pleased And he said unto them depart yet for three dayes then come again to me and the people departed Hereupon Rehoboam consulted with the old men that stood before Solomon his Father while he lived and said how doe you advise that I may answer this people And they spake unto him saying If thou wilt be A SERVANT unto this people this day and wilt SERVE THEM and answer them and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER But he forsooke the Counsell of the old men which they had given him and consulted with the young men that were grown up with him and which stood before him and following their ill advise when Ieroboam and all the People came to Rehoboam the third day as he had appointed the King answered the people roughly and forsaking the old mens Counsell he spake unto them after the Counsell of the young men saying My Father made your yoake heavy and I will adde to your yoake my Father chastised you with whips but I will chastise you with scorpions Wherefore the King HEARKNED NOT UNTO THE PEOPLE for the cause was from the Lord c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THEME the People answered the King through indignation with one voyce writes Iosephus saying What portion have we in David NEITHER HAVE WEE INHERITANC IN THE SONNE OF IESSE that is we have not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever but are still free to elect what King we please to thy Tents O Israel Now see to thine House David so Israel departed to their Tent. But as for the children of Israel which dwelt in the Cities of Judah Rehoboam reigned over them the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES writes Iosephus Then King Rehoboam sent Adoram who was over the Tribute to excuse saith Iosephus the petulancy of his young tongue and to appease the mindes of the enraged vulgar And all Israel stoned him with stones that he dyed therefore King Rehoboam imagining truly that himselfe was stoned in his servant and fearing lest the once conceived hatred should be poured out on his own head tremblingly getting up into his chariot as hastily as he could made speed to flee to Ierusalem So Israel fell away from the house of David unto this day And it came to passe when ALL ISRAEL heard that Ieroboam was come again that they sent and called him unto the Congregation AND MADE HIM KING OVER ALL ISRAEL c. it being so preordained by God 1 King 12. 26. to 41. Loe here the whole Congregation or Parliament of Israel if I may so stile it had full and free power to reiect Rehoboam from the Crown for refusing to subscribe to their conditions to elect Ieroboam for their lawfull King and erect a new Kingdome of their owne divided ever after from that of Iudah which action I shall prove anon to be lawfull warranted by Gods owne divine authority and no sinne nor rebellion at all in the People who never admitted Rehoboam for or submitted to him as their lawfull Soveraigne So Iehu having slain King Ioram Ahabs eldest sonne sent a Letter to Samaria where his other 70. sonnes were brought up to the Rulers and Elders there wishing them to look out THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters house But they being exceedingly afraid said two Kings could not stand before him how then shall wâ— stand and sent word to Iehu We are thy servants and will doe all that thou shalt bid us WE WILL NOT MAKE ANY KING A clear evidence that the kingdom was then elective and that they had power to choose the meetest man not eldest brother for their king After this Zimri slaying Baasha king of usrael and usurping the Crown the people then encamped about Gibbethon hearing of it that Zimri had conspired and also slain the King Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe who burnt Zimri in his Palace then were the People divided into two parts halfe of the People followed Tibni to make him king and halfe followed Omri But the people that followed Omri prevailed against the people that followed Tibni so Tibni dyed and Omri Reigned being made king onely by the peoples free election without any divine designation So Ioash the sonne of Ahaziah when Athaliah had usurped the Crowne and kingdome of Iudah neer seven yeers space was MADE KING anointed and crowned by Iehoiadah the High Priest the Captaines of hundreds and ALL THE PEOPLE OF THE LAND who rejoyced at it when he was but 7. yeeres old and Athaliah was apprehended deposed and murthered by them as an Vsurpresse So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Vzziah who was but 16. yeers old and MADE HIM KING instead of his Father Vzziah king of Iudah being smitten with Leprosie unto the day of his death dwelt in a severall house Iotham his son in the mean time by common consent was over this house judging the people of the Land Ammon king of Iudah being slain by his own servants the people of the Land slew all them that had conspired against Ammon And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead And after Iosiah his death the PEOPLE OF THE LAND took Iehoabaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem From all which sacred Texts and Presidents as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS But not by mee THEY HAVE MADE PRINCES and I knew it not it is most apparant that the kings of Israel and Iudah were usually elected by and derived their Royall authority from the people who made them kings and received not their
himself to these things more then is meet OBSTANDVM EST ne potentior fiat quam rebus vestris expedit HE IS TO BE RESISTED lest he become more potent then is expedient for your affairs So he Yea Zuinglius with B. Bilson expresly resolve that the people were bound to resist question and depose their kings for their idolatry and breach of these conditions and that God himself justly punished them for Manasses sins and wickednesse because they resisted and punished him not for them as they were obliged to do as I have elswhere manifested to which I shall refer you This condition most clearly appears in other Texts as in the 1 Sam. 12 13 14 15 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity against Gods and Samuels approbation Samuel used these speeches to them Now therefore behold the King whom ye have chosen and whom ye have desired c. If ye will fear the Lord and serve him and obey his voyce and not rebell against the commandment of the Lord then shall both ye and also the King that reigneth over you continue following the Lord your God But if ye will not obey the voice of the Lord but will rebell against the voyce of the Lord then shall the hand of the Lord be against you as it was against your fathers c. But IF ye shall do wickedly ye shall be consumed both ye and your King After this Saul being distressed by the Philistines weary of staying for Samuel and presuming to offer sacrifice without him hereupon Samuel said to Saul Thou hast done foolishly for thou hast not kept the Commandment of the Lord thy God which he commanded thee for now would the Lord have established thy kingdom upon Israel for ever but NOW THY KINGDOM SHALL NOT CONTINVE for the Lord hath chosen him a man after his own heart and the Lord hath commanded him to be captain over his people BECAVSE THOV HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE Lo here the breach of Gods conditions by king Saul forfeited his Kingdom and disinherited his posterity of it So when he performed not Gods command in utterly destroying Amalek sparing Agag and the best of the things Samuel sharply reprehending him for this offence said unto him Behold to obey is better then sacrifice and to hearken than the fat of Rams for Rebellion namely king Sauls rebellion against Gods command not subjects rebellion against their Prince not so much as once dreamed off in this Text as Court Doctors grosly mistake and so miserably pervert this Scripture contrary to the sence and meaning translating it from kings to subjects from king rebellion against God to subjects rebellion against men is as the sin of Witchcraft and stubbornnesse is as iniquity and Idolatry BECAVSE thou hast rejected the Word of the Lord he hath also REIECTED THEE FROM BEING KING I will not return with thee for thou hast rejected the word of the Lord and the Lord HATH REIECTED THEE FROM BEING KING over Israel the Lord HATH RENT THE KINGDOM of Israel FROM THEE this day and hath given it to a neighbour of thine that is better then thou Also the strength of Israel will not lie nor repent for he is not as men that he should repent to wit of renting the kingdom from him though he repented that he had made Saul king over Israel because he turned back from following him and performed not his Commandments 1 Sam. 15. 11. 35. After which God said to Samuel How long wilt thou mourn for Saul seeing I have reiected him from Reigning over Israel Fill thine horn with Oyl and I will send thee to Iesse the Bethlemite for I have provided me a king among his sons whereupon he went and annoynted David who succeeded him in the kingdom Sauls posterity being utterly disinherited for his recited sins After this when God setled the kingdom upon David and his seed after him it was upon condition of obedience and threatning of corrections even by men if they transgressed The Lord telleth thee that he will make thee an house and when thy dayes be fulfilled and thou shalt sleep with thy fathers then I will set up thy seed after thee which shall proceed out of thy bowels and I will establish the Throne of his kingdom for ever I will be his father and he shall be my son If he commit iniquity I will chastife him with the Rod of men and with the Stripes of the Children of Men that is I will not chasten him immediately by my self but by men my instruments even by Ieroboam and his own subjects the ten Tribes or other enemies whom I will raise up against him and his posteritie 1 Kings 11. 9 to 41. But my mercy shall not depart away from him as I took it from Saul whom I put away before thee And thine house and thy kingdom shall be established for ever before thee yet still upon condition of obedience as is most apparent by Davids speech to king Solomon 1 Chron. 28. 5 6 7 8 9. And the Lord hath chosen Solomon my son to set him upon the throne of the kingdom of the Lord over all Israel And he said to me c. Moreover I will establish his kingdom for ever If he continue constant to do my Commandments and my â—udgements as at this day Now therefore in the sight of all Israel the Congregation of the Lord and in the audience of our God keep and seek for all the Commandmens of the Lord your God that ye may possosse the good land and leave it for an inheritance for your Children after you for ever And thou Solomon my son know thou the Lord God of thy father and serve him with a perfect heart and with a willing minde for the Lord searcheth all hearts and understandeth all the imaginations of the thoughts If thou seek him he will be found of thee but if thou forsake him he will cast thee off for ever notwithstanding the former Covenant and establishment which was but conditionall not absolute as the renting of the ten Tribes from his son and the determining of the very kingdom of Iudah it self in Zedekiah after which it never returned any more to Davids Line infallibly evidence Hence we read in the 1 Kings 11. that Solomons idolatrous wives turning away his heart from following the Lord and drawing him to commit idolatry in his old age hereupon the Lord grew angry with Solomon Wherefore the Lord said unto him for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely rend the Kingdom from thee and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Howbeit I will not rend away all the kingdom but
will give one Tribe to thy Sonne for my servant Davids sake and for Jerusalems sake which I have chosen In pursuance whereof the Prophet Ahijah rending Ieroboams garment into 12 peeces said to Ieroboam Take thee ten peeces for thus saith the Lord the God of Israel Behold I will rend the kingdom out of the hand of Solomon and will give ten Tribes to thee BECAVSE THAT THEY HAVE FORSAKEN ME and have worshipped the Goddesse of the Zidonians c. AND HAVE NOT WALKED IN MY WAYES to doe that which is right in mine eyes to keep my Statuts and my judgements as did David his Father howbeit I will not take the whole Kingdome out of his hands but I will make him Prince all the dayes of his life for David my servants sake whom I chose because he kept my Commandements and my Statutes But I will take the Kingdome out of his sonnes hand and give it unto thee even ten tribes And unto his sonne will I give one tribe that David my servant may have a light alway before me in Ierusalem the City which I have chosen to put my name there And I will take thee and thou shalt reigne according to all that thy soule desireth and shalt be King over Israel But what without any limitation or condition at all think you No such matter And it shall be IF THOV WILT HEARKEN VNTO ALL THAT I COMMAND THEE and wilt walk in my wayes and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did that I will be with thee and build thee a sure house as I built for David and will give Israel to thee And I will for this afflict the seed of David but not for ever Loe here both Kingdomes of Iudah and Israel are given and entailed on David Solomon and Ieroboam onely upon condition of good behaviour which not performed they shall be rent from either And was this only a vain idle condition as some deem the Covenants and Coronation oathes of Kings to God and their Kingdoms Surely no for we read experimentall verifications of them in King Rehoboam Who answering all the people and Ieroboam when they came to Sechem to make him King roughly according to the Counsell of the young men and threatning to adde to their yoake instead of making it lighter and hearkning not unto the people FOR THE CAVSE WAS FROM THE LORD that he might perform his saying which he spake by Abijah the Shilomite unto Ieroboam the sonne of Nebat thereupon when all Israel saw that the King hearkned not unto them the people answered the king saying What portion have we in David neither have we inheritance in the son of â—esse to your tents O Israel now see to thine own house David so Israel departed to their tents stoned Adoram who was over the tribute whom Rehoboam sent to appease them Whereupon Rehoboam made speed to get him into his Chariot to flee to Ierusalem So all Israel fell away from the house of David to this day and calling Ieroboam unto the congregation made him King over all Israel there was none that followed the house of David but the tribe of Iudah onely Vpon this revolt when Rehoboam was come to Ierusalem he assembled all the House of Iudah with the tribe of Benjamin an hundred and fourescore thousand chosen men which were Warriers to fight against the house of Israel to bring the Kingdome again to Rehoboam the sonne of Solomon But the Word of God came unto Shemaiah the man of God saying speake unto Rehoboam the sonne of Solomon King of Iudah and unto all the house of Iudah and Benjamin and to the remnant of the people saying Thus saith the Lord Yee shall not goe up nor fight against your brethren the children of Israel return every man to his house For this thing is done by mee They hearkned therefore unto the Word of the Lord and returned to depart according to the Word of the Lord. Behold here an experimentall for feiture of a kingdome and translation of the major part of it to another family for Solomons idolatry executed by the peple through Gods appointment which being fore-threatned in the generall by God himselfe to David and by David to Solomon in case he transgressed predicted by way of menace to Solomon and Ieroboam by God himselfe and his Prophets after Solomons transgression executed by the people by Gods speciall direction and approbation and thus owned and justified by God in the peoples behalfe after the execution when Rehoboam would have made war against them for this revolt must certainly be acknowledged not only a iust and warrantable action in respect of God himselfe but likewise of the people unlesse we will make God himselfe the Author and approver of rebellion By all which it is apparant that Solomon and Rehoboam held their Crownes onely upon condition from God the breach whereof might and did forfeit them to the people in some measure And so did Ieroboam too hold the kingdome of Israel newly erected by the people after this revolt upon the conditions of obedience already mentioned which being violated by his setting up 2 calves in Dan and Bethel out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to Ierusalem to worship this thing became sin to the house of Ieroboam even to cut it off and destroy it from off the face of the earth 1 King 13. 34. For Ieroboam committing idolatry with the Calves Ahijah the Prophet sent him this sharp message by his wife 1 K. 14. 7 8 9 10 11. Go tell Jeroboam Thus saith the Lord God of Israel for as much as I exalted thee from among the people and made thee prince over my people Israel and rent the Kingdom away from the house of David and gave it thee yet thou hast not been as my servant David who kept my Commandements and who followed me with all his heart to do that onely which was right in mine eyes but hast done evill above all that were before thee for thou hast gone and made thee other gods and molten images to provoke me to anger and hast cast me behinde thy backe Therefore behold I will bring evill upon the house of Ieroboam and will cut off from Ieroboam him that pisseth against the wall and him that is shut up and left in Israel and will take away the remnant of the house of Ieroboam as a man taketh away dung till it be gone Him that dieth of Ieroboam in the the Citie shall the dogs eat and him that dieth in the field shall the fowls of the ayre eat for the Lord hath spoken it Moreover the Lord shall raise him up a King â—ver Israel who shall cut off the house of Ieroboam in that day Neither was this an unexcuted commination for Ieroboam dying and Nadah his sonne succeding him both in his kingdom and idolatriâ—s wherewith
he made Israel to sinne Baasha by Gods just judgement conspired against him slew him reigned in his stead and when he reigned he smote all the house of Ieroboam so that be left not to him any that breathed according to the saying of the Lord which he spake by his servant Abijah because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocation wherewith he provoked the Lord God of Israel to anger After which Baasha walking in the wayes and sins of Ieroboam notwithstanding this exemplary judgement of God on him and his posteritie the word of the Lord came to Iehu sonne of Hannani against Baasha saying Forasmuch as I exalted thee out of the dust and made thee Prince over my people Israel and thou hast walked in the way of Ieroboam and hast made my people of Israel to sinne to provoke me to anger with their sins behold I will take away the posterity of Baasha and the posteritie of his house and will make his house like the house of Ieroboam the son of Nebat him that dieth of Baasha in the City shall the dogs eate and him that dieth in the field shall the fowls of the Ayre eate which judgement was actually executed upon his evill sonne king Elah whom Zimri the Captain of his Chariots slew as he was drinking himself drunk in the house of Arza Steward of his House and reigned in his stead and assoon as he sat in his Throne he slew all the house of Baasha he left him none that pissed against the wall neither of his kinsfolks nor of his friends Thus did Zimri destroy all the house of Baasha according to the word of the Lord which he spake against Baasha by Iehu the Prophet for all the sinnes of Baasha and the sins of Elah his son by which they sinned and by which they made Israel to sinne in provoking the Lord God of Israel to anger with their vanities King Omri and Ahab his sonne going on in the sinnes of Ieroboam serving Baal to boot persecuting Gods prophets putting Naboth most injuriously to death for his Vineyard by Iezabels instigation and setting himself to work evill in the sight of the Lord above all that were before him Hereupon the Prophet Elijah tells him Thus saith the Lord Behold I will bring evill upon thee and will take away thy posterity and will cut off from Ahab him that pisseth against the wall and him that is shut up and left in Israel and will make thine house like the house of Ieroboam the son of Nebat and like the house of Baasha the sonne of Ahijah for the provocation wherewith thou hast provoked me to anger and made Israel to sinne And of Iezabel also spake the Lord saying The Dogs shall eat Iezabel by the wall of Iezreel him that dieth of Ahab in the City the Dogs shall eat and him that dieth in the field shall the Fowls of the Ayre eate Neither was this a vain threatning for Ahab being slain at Ramoth Gilead the dogges licked up his blood in the place where they licked the blood of Naboth and Iehoram his son succeeding him both in his Throne and sins God himself annoynted Iehu King over Israel of purpose to execute this his vengeance against the house of Ahab and Iezabel who in execution thereof slew both King Iehoram Ahaziah King of Iudah Iezabel and all Ahabs sons and posteritie his great men Nobles with all the Priests and worshippers of Baal till he left none of them remaining For which severe execution of Gods Iustice the Lord said unto Iehu Because thou hast done well in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was in mine heart thy children of the fourth generation shall sit on the Throne of Israel Which action of Iehu being thus specially commanded commended and remunerated with such a temporell reward by God himself must questionlesse be lawfull and no Treason nor Rebellion in Iehu unlesse we will charge God to be both the Author Approver and Rewarder of those sinnes After this Iehu walking in the sins of Ieroboam though God deprived him not for it yet he stirred up Hazael to spoil and waste his Countrey during all his reigne and the reigns of King Iehoahaz his son and Ioash his Granchilde who succeeded him in his idolatries and Zechariah the last king of Iehu's Race going in his Ancestors sinnes was slain by Shallum who reigned in his stead Shallum Pekahiah and Pekah three wicked idolatrous kings of Israel were by Gods just judgement successively slain one of another and by Hoshea So that all the Kings of Israel who violated Gods Covenants and conditions annexed to their Crowns did for the most part lose their lives Crownes and underwent the utter extirpation of their posterities being totally cut off by the sword neither succeding their Parents in their Crowns nor inheritances And though the royall Crown of Iudah continned in Davids Line till the Captivity of Zedekiah the last king of his Race yet when ever they infringed the conditions which God annexed to their Crownes and turned Idolaters or flagitious persons God presently by way of revenge either brought in forraigne enemies upon them which mastered conquered them and sometimes deposed and carried them away Captives or made them Tributaries as the examples of King Rehoboam afflicted by Shishak King of Aegypt for his sinnes and idolatry and by Ieroboam all his dayes of Ahijam Iehoram Alaziah Ioash Amaziah Ahaz Manasseh Iehoahaz Iehoiakim Iehoiachin and Zedâ—chiah whose Histories troubles captiâ—ities and punishments you may reade at large with others witnesse or else caused their own servants subjects enemies to rise up against them to slay them as is evident by e King Ahaziah Ioash Amaziah Ammon and others All which are unanswerable evidences and experimentall demonstrations that the Kingdoms of Iudah and Israel were both held of God upon conditions and that for the breach of these conditions they might be and oft times were by Gods Iustice on them both lawfully deprived of their Crownes and their posterities disinherited yea totally cut off for ever and in conclusion both these most eminent Kingdoms for the sins of kings and people were invaded destroyed and both Kings with people carried away captives by their enemies into forraigne Countries from whence the whole Nation never afterwards returned nor ever after attained to a king and kingdom of their own So fatall is it for Kings or Kingdoms to break those Covenants Laws Conditions which God himself hath prescribed them and so far are any Kings from being exempted from all Laws and left at libertie to do what they please that the breach of them proves destructive to them and theirs I shall onely adde to this by way of Corollary that all the Israelites Rulers Kings People did joyntly and severally for
Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Congregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfe the Tribe of Manasseh concerning their Alter and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan out of the hands and power of King Saul his father that he died not though Saul had twice vowed that he should be put to death 1 Sam. 14. 38. to 36. And the people said unto Saul Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrought with God this day So the people rescued Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Captains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme good unto you and that it be of the Lord our God let us send abroad unto our brethren every where that are left in all the land of Israel and with them also to the Priests and Levites which are in their Cities and Suburbs that they may gather themselves unto us and let us bring again the Ark of our God to us for we enquired not at it in the dayes of Saul And all the Congregation said that they would do so For the thing was right in the eyes of all the people And David went up and all Israel to Baalah to bring up thence the Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe forth with you my selfe also But the people answered Thou shalt not go forth for if we flee away they will not care for us neither if halfe of us die will they care for us but now thou art worth ten thousand of us therefore now is better that thou succour us out of the Citie And the king said unto them Whatsoever seemeth you good that I will doe and thereupon stayed behinde in the City as they advised him So he likewise followed Ioabs advice to go forth and sit in the gate and speak comfortably to the People after his mourning for Absalons death else not one of the People would have tarried with him that night 2 Samuel 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent and he so engaged them to him That all the people were at strife thorowout all the Tribes of Israel to bring the King back again to Gilgal whence Absalon had chased him Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde that after Solomons death All Israel came to Sechem to make Rehoboam King and all the Congregation of Israel spake unto Rehoboam saying Thy father made our yoak grievous now therefore make thou the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee And he said unto them Depart ye for three dayes and then come again and the people departed In the mean time he consulted first with the old men after that with the young men about him what answer he should return who giving contrary advice Ieroboam and all the people coming to him again the third day the King answered the people roughly after the counsell of the young men saying My Father made your yoke heavy and I will adde to your yoke My Father chastised you with whips but I will chastise you with scorpions So when all the people saw that the King hearkned not to them the people answered the King saying What portion have we in David neither have we inheritance in the son of Iesse to your tents ô Israel now see to thine own house David So Israel departed to their Tents and fell away from the house of David unto this day And all Israel called Ieroboam unto the Congregation and made him King over all Israel And the Text expresly addes this memorable observation Wherefore the King hearkned not unto the people for the cause was from the Lord that he might perform his saying which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebat Where we see the Kings not hearkning to the people and congregation of Israel in their just request and giving them an harsh answer was a sufficient ground and occasion for them to cast off his government and elect another King to reign over them and that with Divine approbation from God himself Such was the whole peoples and congregations Soveraigne power over their Kings We reade in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host and sent to Ahab king Israel to resign up all his silver gold Wives Children and pleasant things into the hand of his servants Then the king of Israel called all the Elders of the Land and said Heark I pray you and see how this man seeketh mischief for he sent unto me for my Wives and for my Children for my silver and for my gold and I denyed him not And all the Elders and all the people said unto him Hearken not unto him nor consent Wherefore he said unto the messengers of Benhadad tell my Lord the King all that thou didst send for to thy servant at first I will do but this thing I may not do Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and King who returned no answer to this publike case without the congregations publike advise So Hezekiah king of Iudah sent to all Israel and Iudah and wrote Letters also to Ephraim and Manasseh that they should come to the house of the Lord at Ierusalem to keep the Passeover unto the Lord God
1 Sam. 18. 17. Onely be thou valiant So here against thee thee only have I sinned that is I have principally sinned against thee alone not excluding his sinne against himselfe Vriah and others whom he injured thereby 6. This sinne against Vriah was but a personall and private injury into which David fell out of humane frailty it was the first and onely sin of this kinde that ever he committed for ought we read he made no trade of it he repented for it and never relapsed again into it in this regard therefore these Fathers interpretations may be Orthodox that for such a private sin of infirmitie onely David was not responsible nor punishable by the Congregation or Sanhedrin But had he made a common trade of murthering his subjects ravishing their wives and the like or giving himselfe over to the open practice of grosse Idolatry a sin onely against God himself and not repented of or humbled himself solemnly for it as he did for these sins here no doubt the Congregation or Sanhedrin might upon complaint have questioned reprehended and censured him for it as the premises plentifully manifest notwithstanding the priviledge of his regalitie which as it exempted him not from the guilt so not from the punishment due unto such Crimes whether temporall or eternall not from the eternall which is the greatest that is certain therefore not from the temporall which is the lesse Finally God himself threatens that If Solomon or any Kings of Davids Seed should forsake his Law and not keep his Commandments but commit iniâ—â—â—ity against him he would chasten them with the Rod of Men and the Stripes of the Children of Men whence the Rabbins write That if their Kings transgressed against the Law of the King they were and might be scourged for it without dishonour by a man whom themselves made choice of Therefore they might be justly censured and punished by men for their transgressions against God alone notwithstanding this glosse of these Fathers true only in som sence in private cases and sins of infirmity against private men not of publike habituall transgressions The second Objection is that Speech of Samuel to the people 1 Sam. 8. 11. to 19. This will be the manner of the King that shall reign over you He will take your sons and daughters and appoint them for himself c. And he will take your fields and your Vineyards and your Oliveyards even the best of them and give them to his servants And he will take the tenth of your seed and of your Vineyards and give to his servants And he will take your manservants your maidservants your goodliest young men and your Asses and put them to his service he will take the tenth of your sheep and ye shall be his servants And ye shall crie out in that day because of the King whom yee have chosen you and the Lord will not hear you in that day Therefore their Kings were absolute Monarchs not bound to Laws nor responsible to their subjects for their oppressions nor 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 manner 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 enjoying 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 God expresly prohibits all men and Kings as well as others to covet their neighbours House 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 depriving 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 denounced 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 Kings will do This clause then of taking their Fields Vineyards c. from them by the King without their consents being thus diametrally 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 no 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 subjectâ— And ye shall crie in that day because of your King which ye have chosen you and the
Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were every young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers person should in that respect be preferred before the Vncle Hereupon Queen Violant and Blanche widow to Fernand were so much discontented with the Decree of the Estates disinheriting the eldest brothers sonnes as taking the young children with them they departed out of Castile to Don Pedro King of Arragon where Don Sancho caused his Nephews to be imprisoned whom king Alphonso labouring under hand to get released Don Sancho advertised hereof made a league with the Moores of Granado against his Father and by assent of his confederates took upon him the Title of Regency of the Kingdome of Castile and other his Fathers dominions refusing the Title of King during his Fathers life time who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioseph a Moore King of Morocco who aided him willingly against Don Sancho After which in an Assembly of the States at Cordova with the advise of the Noble men and knights of Castile thereupon sent by a Decree pronounced by the mouth of Don Manuel in the name of the whole Nobility Alphonso was deprived of all his Realmes for murthering his brother Don Frederick and burning Don Rues unjustly without any forme of justice or orderly proceedings the breach of the rights and priviledges of the Nobility and the excessive wasting of the treasure of the Realme Vpon this there arose bloody Warres between the Father and sonne and in the yeere 1282. Alphonso was so vexed with his sonnes proceedings that hee pronounced in the presence of many men of ranke both Clergie and Laity in the City of Sevill The curse of God and his upon Don Sancho a sonne said he disobedient rebellious and a parâ—cidie declaring him uncapable and unworthy to reign depriving him of his successions inheritance and discharging the subjects as much as in him lay from all oath and homage which they had done unto him But these were but words which Don Sancho did not much esteem enioying his Fathers kingdomes after his decease in Title as he did before in act and dying king of Castile his heires succeeded him in that Realme as lawfull heires thereunto Don Pedro the third king of Arragon about the yeare 1283. had many controversies with his Nobles and knights who complained much of his sower disposition and tyrannous manner of Government insulting over the greatest yea against his own blood contrary to all Law and nature Wherefore being ill intreated by him in their freedomes whereof the Townes and Commonalties of his Countries did also complain the Nobility Knights and Gentry for preservation of their Liberties made a Vnion together among themselves and with the people promising and swearing to let the King and his sonne Don Alphonso who was his Lieutenant Generall understand that if they did not contain themselves within the limits of the Lawes of the Country they would withdraw themselves from their obedience and declare themselves enemies and pursue them by armes that should seek to break them The king hereupon called the Estates to Tarrasone and afterwards to Saragossa where he intreated promised and did all what he could to break this Vnion but he was forced to yeeld and granted to the Arragonians the priviledge they call Generall whereby their Liberties which had been somewhat restrained were again restored the ancient manners of the Country and customes of their ancestours put in practise And moreover there were Laws made for their Kings which they should be bound to obey and for that they were in a mutiny in some places by reason of certain Impositions laid upon salt the traffique thereof was made free by the Estates And the king refusing the judgment of the Iustice Maior of Arragon deposing Pedro Martines Artassone who then exercised it from his Office the Estates soon after at an assembly at Zutaria fortified it with stronger Laws deeming the Iustice of Arragon to be a lawfull Iudge whom the King himself could not displace even in Cases commenced against the King who being cited and not appearing there were Decrees made against him in many instances In the end the King confirmed the Decrees of the Iustice Maior and whatsoever should be concluded by the Estates the Deputies and Councellors having given their suffrages I read in Hieronimus Blanca that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood should so many wayes be subverted as then they were by King Pedro the first raised up the Name and forces of a Vnion that with one force and the consent of all one minde as it were being made out of all they might more easily propulse so great injuries but what was then done hereupon is not recorded But the two memorable Priviledges of the Vnion under King Alphonso the third are said to spring from thence Don Alphonso king of Aragon succeeding Pedro Anno 1286. he was admonished by the Estates Ambassadours to come speedily to the Assembly at Saragossa where having sworn and promised the observation of the Customs Rights and Priviledges of the Countrey and received the Oath of fealty from the Deputies he might lawfully take upon him the Title of the King of Aragon the which they said he might not use before this Act and Ceremony according to the ancient customs of Aragon Vpon these summons he came to the Assembly of the Estates to Saragossa took the Oath aforesaid after which he was Crowned Which done there grew in this assembly a great contention touching the reformation of the manners of Courtiers and the ordering of the Kings house the Noblemen and Deputies of the Estates of Aragon maintaining that the conusance thereof was incident
to their charge the King and his houshold servants on the other side denied that there was either Law or custom which tyed the King or his followers to any such subjection In the end it was concluded that the reformation of the Court should be made by twelve of the principall Families the like number of Knights four Deputies of Saragossa and one of either of the other Cities the which should give their voices in that case This Vnion of Aragon obtained likewise a Decree that the King should have certain Councellors chosen to wit four of the chief Nobility four Knights of noble and ancient races four of his houshold servants two Knights for the Realm of Valencia two Citizens of Saragossa and one of either of the other Cities whom they particularly name with a condition that whilest the King should remain in Aragon Ribagorca or Valencia two of those Noblemen two of his servants two Knights of Aragon one of Valencia and the four Deputies of the Realm of Aragon should follow and reside in his Court AS COVNCELLORS APPOINTED BY THE VNION who protested by solemn Deputies sent to the King to that end that if he did not receive observe and maintain those orders THEY WOVLD SEIZE VPON ALL HIS REVENVES and on all the fees Offices and dignities of such Noblemen as should contradict them Thus were the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphonso Don Pedro his brother assembled the Estates at Saragossa to consult lest the State in his absence would receive some prejudice where James arriving having first sworn and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principality of Catâ—lone the which from that time should not for any occasion be disunited In which assembly Don Iames eldest son to the Crown being ready to marry Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a vow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Mary his Protectresse he had two competitors to the Crown Alphonso de la Cede and Den Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Medina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency there being great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Mary Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estate goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects oft times successively took up defensive armes against him his Tyranny augmenting their obstinancy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the