Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	begin_v	king_n	saxon_n	2,101	5	11.5638	5	false

Text snippets containing the quad

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

against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Arch-bishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against al who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole kingdom the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King as his Father had commanded should thrust al Strangers out of his Court and kingdome and remove ill Counsellours from him That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords and begin no war nor depart any where out of the kingdome without common consent The King consented to the Articles and banished Piers into Ireland No sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations together with his owne Oath never to reduce Piers sends for him back to his Court marrieth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe to retaine this Gaveston mangre all his Earles Barons and for the love of him to put his Crowne and life in perill when time should serve In which whether the King or his Favourite shewed lesse discretion it is not at the first easily determined it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon the Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the Barons message to the King by common consent That he should banish Piers from his company and observe the effect of the foresaid Articles or else they would certainly rise up against him as a perjured person by a like vow which speech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring up if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third time abjure the Realme with this proviso that if at any time afterward he were taken in England he should be forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the kingdom and remove this Viper elected Tho. Earle of Lancaster for their Generall and sent honorable messengers to the King requesting him to deliver Piersinto their hands or drive him from his company out of England as being perswaded while that King-bane breathed peace could never be maintained in the Realme nor the King abound intreasure nor the Queene enjoy his love But the wilfull King would not condescend Whereupon the Lords thus contemned and deluded presently raise an Army and march with all speed towards Newcastle not to offer injury or molestation to the King writes Walsingham the case and purpose of the pre●ent Parliaments Army but that they might apprehend Piers himselfe and judge him according to the Laws enacted Which when the King heard he fled together with Piers to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the king And then carried to Warwick Castle where he had his head strucke off at the command and in the presence of the Earles of Lancaster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favorite of the Kings Which bred a lasting hatred betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickedly killing Piers they stoutly answered That they had not offended in any point but deserved his royall favour for that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death printed in old Magna Charta Not long after this unfortunate King doting upon the two Spencers as much as ever he did on Gaves●on to whom they succeeded not onely in pride rapine oppression and intolerable in●olencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for justice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with their forces at Shirborne Thomas of Lancaster being their Captaine they tooke an oath to prosecute their designe to the division of soule and body Then they spoyled these Spencers and their friends goods take their Castles by violence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law and equity and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed and sent solemne messengers to the King then at London commanding him not onely to rid his Court but kingdome too of the Traytors of the Realme the Spencers condemned in many Articles which they had framed against them by the Commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indempnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their forepast or present transgressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contemptuous Delinquents Whereupon running to their armes they marched up to London entred the City and to avoyd danger the King through the Queenes and others mediation condescended to their desires passing an Act for the Spencers banishment and the Barons indemnities which you may reade in ancient Magna Chartaes Upon this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spencers reversed the sentence against them as erroneous gathers an Army encounters and defeates the Barons and puts many of them to death by these Spencers procurements who not content with their bloud procured also

Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King ●dwar● the 2 d taking him p●isoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2d. Iohn Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England ●aking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and gri●ving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke Mercer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpot for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VEL REGNO sine consilio Comitum Baronum writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and fr●eing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim ●ut of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of the●r treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castleat Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert Vcere Duke of Ireland Alexander Nevill Archbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to goe forth and give them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the saide Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOV HAST SLAINE ALL THE FAITHFVLL FRIENDS THOV HAST IN THE KINGDOME Which answere though uttered foolishly yet wise men did most of all consider At last is was resolved by the mediators of Peace that the Lords should meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuseadoes to intrap them where the Chauncellour

the soule of which the conscience is a chief-overruling part This then being altogether irrefragable gives our Antagonists with Dr. Fern an etern all overthrow and unavoidably demonstrates the resistance of the Higher Powers here prescribed to be only of iust lawfull powers in their l●st commands or punishments which we must neither corporally verbally nor so much as mentally resist but readily submit too with our very soules as well as bodies not of Tyrants or ungodly Rulers uniust oppressions Forces proceedings to subvert Religion Lawes Liberties which all our Opposites all Divines whatsoever grant we are bound in conscience passively to resist and disobey yea with our Tongues to reprehend and our Souls and spirits to oppose detest abhorre hate in the very highest degree of opposition notwithstanding this inhibition And therefore by like reason are no wayes prohibited but authorized by it even forcibly to resist to our utmost power have we meanes and opportunity so to doe as the Parliament now hath That power and proc●edings which Christians may lawfully with good conscience yea and are bound to resist with all their souls minds tongues they justly may and must likewise resist with all their corporall might and strength especially if they have good opportunity publike encouragements and meanes to do it as Deut. 6. 12. 1 Pet. 5. 9. Iude 3. 4. Phil. 1. 27 28. 1 Cor. 16. 13. compared together and with the premised Scriptures fully evidence But Christians may lawfully with good conscience yea must resist with all their souls minds tongues the fore-named violent proceedings of kings Oppressors ill Counsellors and Cavaleers and no wayes submit unto them with their souls minds tongues lest thereby they should approve and be partakers with promoters of their execrable de●ignes therefore they may and must with safe conscience resist them with all their corporall might and strength having now opportunity a Parliamentary publike command and sufficient meanes to execute it And thus have I now at last not onely most clearly wrested this sword out of the hands of our great opposite Goliahs but likewise cut off their heads and so routed all their forces with it as I trust they shall never be able to make head againe Yet before I wholly take my leave of this Text to gratifie our Prelaticall Clergy I shall for a parting blow adde this one observation more That all our Popish Clermen heretofore and many of them till this day notwithstanding the universality of this Text Let every soule be subject to the higher Powers c. not only Pretended themselves to be of right exempted from the jurisdiction censures taxes of Emperours Kings and all Civill Magistrates Which priviledges some of our late Prelates began to revive as the late cases of Mr. Shervill the Maior of Arundel and some others evidence censured for punishing drunken Priests but likewise held it lawfull to censure excommunicate depose even Emperours and Kings themselves and interdict their Kingdomes witnesse not only the Popes excommunications of many Emperours and Kings by apparant usurpation and injury but of sundry Prelates excomunications of their own Soveraigns as of right and putting them to open penances as K. Suintilla Sancho Ramir in Spain and others elswhere of which you may read divers presidents in my Appendix The History of St. Ambrose his excommunicating the Emperour Theodosius for the bloody murther of those of Thessalonica is so commonly known that I need not spend time to recite it nor yet the excommunications and censures of our King Iohn or Henry the 2. and 3. Suano King of Denmark as Saxo-Grammaticus records was not onely sharply reprehended but excommunicated in a most bold and solemn manner by one of his Bishops for his uncleannesse and murthering some eminent persons of whom he was jealous whiles they were at their devotions in the C●urch This Bishop instead of meeting this King when he came to enter into the Church with accustomed veneration clad in his Pontisicalibus with his Crosier Staffe kept him from entring so much as within the Court thereof calling him not by the name of a King which he suppressed but a shedder of mans blood and not content to chide him he fixed the point of his Staffe in his brest preferring the publike scandall of Religion before private society not being ignorant that the Offices of familiarity were one thing the rights of Priesthood another thing that the wickednesses of Lords as well as servants ought to be revenged nor are Noble-mens crimes to be more partially censured then ignoble ones And not content thus to repulse him he added an execration therunto and denounced a sentence of damnation against him in his presence so as he left it doubtfull whether he repulsed him more valiantly with his hand or voyce Hereupon the King considering this Act to proceed from zeale and publike seve●ity against wickednesse and being confounded with the blush of his guilty conscience forbad any to resist his violence and patiently underwent heard both his repulse and reprehention After which this King laying aside his royall Robes put on old course apparell desiring rather to testifie his sorrow by the deformity of his habit then his contempt by the splendor of it And struck with so sad a sentence of the Bishop he would not indure to carry about the ornaments of Royall Magnificence but casting away the ensignes of Regall Majesty he put on sack-cloth the badge of peni●ence putting off his power likewise together with his vestment and of a sacrilegious Tyrant became a faithfull reverencer of holy things For returning bare-foot to the Church-porch he cast himselfe prostrate in the entrance thereof and humbly kissed the ground suppressing the griefe which is wont most sharply to be inflicted from contempt with shamefac'●nesse and moderation redeeming the fault of his bloody reigne with shame and penitence After which confessing his fault and craving pardon with teares of the Bishop he was absolved and then putting on his Royall Robes admitted into the Church and brought up to the Altar to the exceeding joy of the people who applauding the kings humiliation and modesty plus poenitentia pium quam imperio scelestum euasisse co●fessus A memorable story of a zealous stout Prelate and of a penitent submissive wild Prince I shall only adde to this some few domestick presidents of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgistill another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him of all Christian communion Whereupon Teudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun

better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgongue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa an● Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Bayonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifi● his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if ●ver occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such 〈◊〉 had bin beaten by the cruel●y of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at R●emes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes domes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many of her enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barons and that when he had resigned it he presantly ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lewes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they feared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Privi● Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to d●ath imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such diseases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the Kings person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those

had resigned whe●upon Ramir raised an Army against him and after 2. yeers warres took him prisoner put cut his eyes and thrust him into a Monastery Iohn the first the 35 King of Castile after the death of Ferdinand King of Portugall claimed that kingdome i● right of Eleanor his wife and next Heire but the Portugals elected Iohn a bastard a Knight of the blood Royall for their King and excluded Eleanor Henry the 4. the 38. King of Castile having no children lawfully begotten would have made Elizabeth his bastard daughter heire to the Crown but the Nobles would no wayes permit it and resisting him with all their might preferred his own sister Elizabeth to the Crown and married her to Ferdinand the 6 sonne to Iohn King of Arragon rejecting his spurious daughter And F●ier Iohn de T●ixerai● his Book of The Originall of the Kings of Portugall affirmes that the Kings of Portugall were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE who had power to conferre the Kingdome on whom they pleased averring that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio Kings of Portugall were thus elected Which though Duardus Nonius Leo a Portugois Lawyer denyes and seemes to resute yet he grants freely that the Parliament or Assembly of the Estates in Portugall have usually determined the Title Right and ordered the Succession of that Crown in the Cases of these Princes and determined of their Legitimate or spurious birthes That when the Kings of Portugall have dyed without Heires they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King And that after the death of King Ferd●nand they put by Iohn and Ferdinand the ●onnes of King Peter begotten of Agnes de Castro his Concubine from the Crown because they were bastards and moreover enemies to the name and Realme of the Portugois entring with Henry and Peter Kings of Castile in an hostile manner with an Army into the Confines of Portugall wasting them every where and doing great dammages to and committing many murthers among their Citizens for which reason the States assembled at Cotmbri resolved that although they were legitimate yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOME quod se hostes alienos a Portugalia declarassent because ●HEY HAD THVS DECLARED THEMSELVES ENEMIES AND AL●ENS TO PORTVGALL And therefore beleeving the Kingdome to be void for want of a right heire to succeed in which case BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED they chose Iohn the Bastard King After which he shewes that Philip th● 2. his Tide to the Crown was long debated by and resolved in the Assembly of the States of Portugall in the life of king Henry who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Alm●erin upon the Petition of the Senate and People who earnestly pressed him that the Title of the crown might be setled and discided during his life to prevent division and c●vill warres after his death By which it is apparent that the Assembly of the Estates of Portugall is the most Soveraign power and above their kings themselves It is clear that the Gothish kings which reigned in Spain were not hereditary but elective yea censu●able excommunicable and desposable by them for their Male-administrations The Generall History of Spaine is expresse that among the Goths they did not reigne by right and succession from Father to Sonne but those were chosen Kings among them which were held worthy which election was made by the Nobility and People and if any one did affect that dignity by any other unlawfull meanes he was excommunicated and rejected from the company of christians as appear●s by the 5. Councell of Toledo Thus Vallia the 1. king of the Goths An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 5●5 Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tul●● the 23. King An. 642. Bamba the 26. king of Goths an 672. to omit others were elected by the Nobles and people though now and then the Crown went by succession through usurpation rather then right Theodiscle the tenth king of the Goths in Spaine giving himselfe to lusts and adulteries polluted great and honest families corrupted Nobles wives and committed many murthers whereupon the chiefe of the Goths conspiring against him strangled him at Sevill rioting in his banquets and elected Agila for their king So Victrix the 17. king of the Goths a vitious base unworthy Prince was miserably slain by his own people for his vitiousnesse as he sate at Table Suin●illa the 20. king of the Goths in the beginning was a good Prince but in the end he grew exceeding covetous and cruell wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne he was likewise excommunicated by the Bishops whose power at that time began to equall that of Kings at the 4. Councell of Toledo which interdicted him with Geilands brother their wives and children the communion and fellowship of the Church and the possession of their goods gotten by violence and tyrannicall meanes and Sisenand his adversary with the consent of the people obtained the Kingdom The 6. Councel of Toledo under Cinthilla the 22. king of Goths about the yeare 686. decreed and by a perpetuall law imposed on the Kings of Spain not to suffer any one to live within their Dominions which was not a Catholike the which their kings should solemnly sweare before they were crowned and if any king should goe against that Law which he had thus s●orn he should be excommunicate and accursed in sight of the eternall God and made the fuell of eternall fire which Canon was made not only by the assent of this king his Bishops but likewise with the consent deliberation of his Nobles and great men In the 5. Councel of Toledo under this king it was decreed C●n. 2 3 4 5 6 7. That the kings children and faithfull servants after their death● should not be deprived of the lands honours and just rewards by the succeeding kings which had been conferred on them in their lives That no man should aspire to the crowne lice●●iously under pain of excommunication and a divine Anathema whom neither THE ELECTION OF ALL nor the Nobility of the Gothisn Nation had no● advanced to this top of honour That none should during the kings life endeavour or use meanes to succeed him after his death nor yet revile the Prince under paine of excomunication All which particulars were ra●ified by new Canons in the 6. Councell of Toledo under this king Can. 14 15 15 17 18. with this addition That the king being dead none should usu●p the kingdome by tyrannicall presumption that none who had been shaven a Monke or dishonestly bald or descended from a servile stocke or a m●n of a forraign Na●ion unlesse

concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities 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 king 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. Asphonso 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 Eleonorahis 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 Hous●s 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 heat 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 r●puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was proc●aimed 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 t● her sonne Fernand About this time the Moor●s in Spain rejected the Miralumims of A●rick 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 awarre 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 matrimoniall 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 some what 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 G●rone 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 negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into Gāllicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into

Haenon Disp. Polit. p. 179. c. Alhusius Polit c. 4. p. 146. to 154. with Iohn Calvin Instit. l. 4. c. 20. sect 31. and divers others forecited Heare Iunius Brutus instead of all the rest to this particular being a Frenchman by birth and writing his mind herein both freely accutely and ingeniously in these words Now verily since Kings are constituted by the people it seems necessarily to follow populum universum Rege potiorem esse That all the people are better and greater then the King For such is the force of the word that whoever is constituted by another is reputed lesse then him he who receiveth authority from another is inferiour to his Author Potipher the Aegyptian appointed Ioseph over his family Nebuchadonozer set Daniel over the Province of Babylon Darius set an hundred and twenty Princes over the Kingdome Verily Masters are said to appoint servants Kings Ministers so likewise the people appoints the King as the Minister of the Commonweale which title good Kings have not contemned and ill Kings have affected so that ●or some ages none of the Roman Emperours but an apparant Tyrant such as Nero Domitian Caligula would be called LORD Moreover it appeares that Kings were instituted for the peoples sake neither wilt thou say that for an hundred Homunci●es more or lesse for the most part far worse then the rest all inferiours whatsoever were created rather then they for them Now reason requires that he for whose sake another exists is to be accounted lesser then he Thus the Governour of a Ship is instituted by the owner for the Shippes sake who sits at the Helme lest the Ship should be broken on the Rocks or ill hold her course And verily whiles he intends this businesse the other Mariners serve him and the owner himselfe obeyes him and yet he is a servant of the Ship as well as any mariner neither differs he from a mariner in gender but in kind In the Republike which is usually compared to a Ship the King is in place of a Master the people of an Owner Threfore to him seeking the publike safety the people obey and submit when notwithstanding he is and ought no lesse to be accounted a servant to the Republike as well as any Judge or Captain neither differs he from those in any thing but that he is bound to beare greater burthens and undergoe more dangers Wherfore verily what things soever the King acquires in warre or when he gaineth adjoyning Coasts by right of warre or by sentence of Law as those things which are brought into the Eschequer he acquires to the Kingdom not to himselfe to the people I say which constitute the kingdome no otherwise then as a servant purchaseth to his Lord neither can any obligation be contracted with him but by their authority Furthermore innumerable people live without a king but thou canst not conceive a King without a people so much as in thy mind Neither have some attained a Royall Dignity because they differed in kind from other men and ought to rule over others by a certain excellency of nature as shepheards doe over their Flo●ks but rather the people created out of the same Masse have advanced them to that degree that so if they enjoyed any authority any power they should acknowledge it received from them and possesse it as during their pleasure which the ancient custome of the French aptly sheweth who lifting their King up on a Buckler proclaimed him King For why I pray are Kings said to have innumerable eyes many eares long hands most swift feet what because they are like to Argus Gerion Midas or to those whom fables have feined verily no but indeed because all the people whom it concerns lend all their eies their ears their hands feet and faculties to the king for the use of the Republike Let the people recede from the King he who even now seemed eyed eared strong and flourishing will suddenly wax blind deafe and fall to nothing he who erewhile did magnificently triumph will in one moment become vile to all he who even now was adored almost with divine honours will be compelled to play the Schoolmaster at Corinth Over-turn only the basis of this Giant-like heape and like the Rhodian Colossus it will of necessity fall and be broken into pieces Since therefore a King exists by and for the people and cannot consist without the people to whom may it seem strange if we conclude That the People are greater then the King Moreover what we say of all the People we will have spoken also as in the second Question of those also who lawfully represent all the people in every kingdome or City who verily are commonly reputed the Officers of the Kingdome not King The Officers of the K●ng are created or discharged by the King at his pleasure Moreover when he dyeth they are out of place and are in some ●ort accounted dead men Contrarily the Officers of the kingdome receive their a●thority from the people to wit In a publike Councell or at least Heretofore were w●nt to receive it neither can they be cashéered without the same Therefore those depend on the King these on the kingdome they from the Supreme Officer of the kingdome who is the king himselfe these From the Supream Dominion of the People from whom the king himselfe as well as they ought to depend Their Office is to take care of the king these mens duty to take heed that the Common-wealth receiue no detriment any where Theirs to be present and serue the King as any domestick servants doe their Masters these mens to defend the rights and priuiledges of the people and diligently to prouide that the Prince himselfe commit or omit nothing to their destruction Finally those are the Kings seruants Ministers domesticks instituted only to obey him these contrarily are as the kings Assessors in judging according to Law and Consorts of the Royal Empire so as all these are bound to gouern the Commonweal no otherwise then the king is yet he as a president among them may onely hold the first place Now as All the People are superiour to the King so euen these although single every of them be inferiour to the King yet All of them are to be deemed superiour to him How great the power of the first kings was appeares sufficiently from this that Ephron king of the Hittites durst not grant the right of a sepulcher to Abraham without the peoples consent nor Hamor the Hiuite king of Sechem make a league with Iacob the more weighty affaires being usually referred to the people And ve●ily in those kingdomes which at that time were circumscribed almost with one City this was easie But from that time kings began to inlarge their Territories neither could all the people assemble in one place without confusion Officers of the kingdome were appointed who should ordinarily defend their rights yet so as when there should be need either all the people or at least

Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even b●yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Lib●rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hoth●m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or ●ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12●4 upon th● confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly

Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre ag●inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the F●rum Suprarbiense and Iustitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be intrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weale Videant Consules caeteri Magistratus ne quid detrimenti c●piat Respublica Let the Consulls and other Majestrates foresee that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Arag●n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by

the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelr●d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now ●each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Arist●tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiod●r cited by it Iohn 〈◊〉 I●hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton F●●ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull T●xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plund●r ●aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Ba●t●ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nasc●nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more

Scotos with many Scottish Pamphlets justifying their late wars Ioh. Ponet once B. of Winchester his Book intituled Politick Govern p. 16. to 51. Alber. Gentilis de Iur Belli l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes intituled How superior Magistrates ought to be obeyed c. 9. 13. 14. 16. D. A. Willet his Sixfold Commentary on Romanes 13. Quaestion 16. Controversie 3. p. 588 589 590 608 c. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers common in every mans hands iustifying the ●a●ulnesse of the present defensive War whose Names I spare And lest any should think that none but Puritanes have maintained this opinion K. Iames himself in his Answer to Card. Perron iustifieth the French Protestant taking up Defensive Arms in France And Bish. Bilson a fierce Antipuritane not onely defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany Flaunders Scotland France but likewise dogmatically determines in these words Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince AND NOT BE CHARGED WITH REBELLION As where for example If a Prince should go about to subject his People to a forreign Realm or change the form of the Common-wealth from Impery to Tyrannie or neglect the Laws established by Common consent of Prince and people to execute his own pleasure In these and other cases which might be named IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY REGIMENT AND LAWS THEY MAY NOT WELL BE COVNTED REBELS I never denied but that the People might preserve the foundation freedom and forme of the Common-wealth which they fore prised when they first consented to have a King As I said then so I say now The Law of God giveth no man leave but I never said that Kingdoms and Common-wealths might not proportion their States as they thought best by their publike Laws which afterward the Princes themselves may not violate By superiour Powers ordained of God Rom. 13. w● understand not onely Princes BVT ALL POLITIKE STATES AND REGIMENTS somewhere the People somewhere the Nobles having the same interest to the sword that Princes have to their Kingdoms and in Kingdoms where Princes bear rule by the sword we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS BVT HIS PRECEPT DERIVED FROM HIS LAWES AND AGREEING WITH HIS LAWES Which though it be wicked yet may it not be resisted of any subject when derived from and agreeing with the Laws with armed violence Marry when Princes offer their Subjects not Iustice but force and despise all Laws to practise their lusts not every nor any private man may take the sword to redresse the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rig●● and withhold him from doing wrong THEN BE THEY LICENCED BY MANS LAW AND NOT PROHIBITED BY GODS to interpose themselves for safeguard of equity and innoce●cy and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED but in no case deprived where the Scepter is Hereditary So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth point-blank against our Novell Court-Doctors and Royall●sts But that which swayes most with me is not the opinions of private men byassed oft-times with private sinister ends which corrupt their judgements as I dare say most of our Opposites in this controversie have writ to flatter Princes to gain or retain promotions c. But the generall universall opinion and practice of all Kingdoms Nations in the world from time to time Never was there any State or Kingdom under heaven from the beginning of the world till now that held or resolved it to be unlawfull in point of Law or Conscience to resist with force of Arms the Tyranny of their Emperours Kings Princes especially when they openly made war or exercised violence against them to subvert their Religion Laws Liberties State Government If ever there were any Kingdom State People of this opinion or which forbore to take up Arms against their Tyrannous Princes in such cases even for conscience sake I desire our An●agonists to name them for though I have diligently searched inquired after such I could never yet finde or hear of them in the world but on the contrary I finde all Nations States Kingdoms whatsoever whether Pagan or Christian Protestant or Popish ancient or modern unanimously concurring both in iudgement and constant practice that forcible resistance in such cases is both iust lawfull necessary yea a duty to be undertaken by the generall consent of the whole Kingdom State Nation though with the effusion of much blood and hazard of many mens lives This was the constant practise of the Romans Grecians Gothes Moors Indians Aegyptians Vandals Spaniards French Britains Saxons Italians English Scots Bohemians Polonians Hungarians Danes Swedes Iews Flemmins and other Nations in former and late ages against their Tyrannicall oppressing Emperors Kings Princes together with the late defensive Wars of the protestants in Germany Bohemia France Swethland the ●ow-countries Scotland and elsewhere against their Princes approved by Queen Elizabeth king Iames and our present king Charles who assisted the French Bohemians Dutch and German Protestant Princes in those Wars with the unanimous consent of their Parliaments Clergy people abundantly evidence beyond all contradiction which I have more particularly manifested at large in my Appendix and therefore shall not enlarge my self further in it here onely I shall acquaint you with the●e five Particulars First that in the Germanes Defensive Wars for Religion in Luthers dayes the Duke of Saxonie the Lantzgrave of Hesse the Magistrates of Magd●burge together with other Protestant Princes States Lawyers Cities Counsellors and Ministers after serious consultation concluded and resolved That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases that defence of Religion and Liberties then invaded was one of these cases that the times were then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour

Liberties Countrey Parliament yea your very selves your soules bodies estates posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Iudg. 5. 23. Consider the fatall dismall end of treacherous Iud●s Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35. 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule Whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels * If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Iesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of Iesus Christ who shall be punished with everlasting destruction from the presence of the Lord and from the glory of his power 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners Rebels and Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially to maintaine the very truth of God the Gospel of Christ which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be so superlatively miserable and grievous that an eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote propagate our Religion Lawes liberties and the publike welfare here and the Crowne the full guerdon of them hereafter and poore bleeding dying England and Ireland may now at last attaine that speedy holy lasting honourable blessed peace and unity which all good men cordially pray for and endeavour which doubtlesse had beene easily effected long ere this had we all beene faithfull true reall to the publike cause of God and our Countrey in our severall places and not faithlessely betrayed but sincerely discharged the severall trusts reposed in us to the uttermost of our powers the readiest meane to re-establish and perpetuate our pristine tranquillity which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season before our whole three Realmes become a desolate Wildernesse an Accheldama a Golgatha as many places of them are already and more like to be if the extraordinary mercy of our ever-gracious God prevent not the mischievous long plotted conspiracies malice rage treachery of unnaturall and deceitfull men FINIS This Oath should have come in the Appendix page 73. line 17. The Oath of CHARLES King of Navarre at his Coronation An. 1390. recorded in the generall History of Spaine l. 17. p. 625. 626. VVED CHARLES by the grace of God King of Navarre c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us and to the Prelates and rich men of the Cities and good Townes and to all the people of Navarre for all your Rights Lawes Customes Freedomes Liberties and Priviledges that every one of them as they are shall be maintained and kept to you and your successors all the time of Our life without corrupting them bettering and not impairing them in all or in part and that the violence and force which hath beene done to your Predecessors whom God pardon and to you by Vs or Our Officers We shall hereafter command it to cease and satisfaction to be made according unto right as they shall be made manifest by good men of credit After which the Deputies of the State swore in their owne names and for all the Realme faithfully to guard and defend the Kings person and their Countrey and to aide him to keepe defend and maintaine the Lawes and Customes with all their power Errata and Omissions in some Copies Part. 4. p. 1. l. 26. it is p. 9. l. 39. c. 33. p. 27. l. 13. private publike p. 28. l. 7 other 31. pugnae Appendix p. 2. l. 3 parallel p. 4. l. 14. them the people l. 34 p. 5. l. 29. Maximus p. 8. l. 1. Polieuctus p. 39. l. 26. dele in the p. 41. l. 41. other p. 44. l. 40 retired p. 50. l. 44. the hand p. 54. l. 1. Cara Lara p. 55. l. 41. Pacensis p. 59. l. 27 dele the p. 66. l. 34. yeares p. 79. l 12 dele 〈◊〉 l. 3. Mariana p. 129. l. 2. adde 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest sonne King in his stead l. 18. confirmed p. 145. l. 2. not from it to p. 147. l. 20. in some sence in private cases p. 150. l. 23. pem patu p. 153. l. 14. Cauarvius p. 162. l. 7. received renued p. 162. l. 28. Hotomani Francogal 38. Vindiciae p. 163. ● 2. revocable l. 3. Historicall l. 19. Cuiacius l. 23. usufrvctuary l. 35 dele the p. 166. l. 14. to doe l. 19. dele to l. 21. foundations p. 167. l. 7. is an p. 169. l. 26. Caracalla p. 170. l. 41. 2. secun qu. p. 171. l. 22. in Law p. 172. l. 27. fealty to p. 173. l. 8. adjuvante l. 15. rapacitates p. 174 l. 4. if it p. 177. l. 15. preserve l. 32. and. l. 35. goods p. 186. l. 15. 16. forcibly resist p. 187. l. 2. so to p. 190. l. 31. 206. p.