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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	homage_n	king_n	scotland_n	1,835	5	9.5273	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91298	The third part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments present necessary defensive warre against the Kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. Together with a satisfactory answer to all objections, from law, Scripture, fathers, reason, hitherto alledged by Dr. Ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / By William Prynne, utter-barrester, of Lincolnes Inne. It is this eighth day of May, 1643. ordered ... that this booke, ... be printed by Michael Sparke, senior. John White.; Soveraigne power of parliaments and kingdomes. Part 3	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Commons.	1643 (1643)	Wing P4103; Thomason E248_3; ESTC R203191	213,081	158

all presidents in former ages in High affront of the priviledges honour power of the Parliament and Fundamentall knowns Lawe of the Realme Since which time his Majestie having contrary to his former Proclamations and frequent Printed solemne Declarations entertained not onely divers Irish Pop●sh Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch Popish Recusants to Arme themselves and raise Forces against the Parliament and Kingdom now in the field in all the Northerne parts Wales and other places and that under the Popes owne consecrated Banner as many report in defiance of our Protestant Religion designed by the Popish Party both at home and abroad to no lesse then utter extirpation in England as well as in Ireland if not in Scotland too as some of them openly professe the Parliament are hereupon necessitated to augment and recrute their forces as for the precedent ends at first so now more especially for the necessary defence of the Protestant 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 against which the Parliament and subjects are now more necessitated and engaged to desend 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 Forum Suprarbiense and Justitia 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 instrusted 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-weal● Videant Consules caeteri Magistratus ne quid detrimenti capiat Respublica Let the Consulls and other Majestrates fore see 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

the Romans and Italians being forsaken of the Emperour Constantine when they were invaded by Aistulfus King of the Lumbards Elected Charles the Great for their Emperour and created a new Empire in the West distinct from that of Constantinople in the East which Bishop Bilson himselfe concludes they might lawfully doe in point of conscience So Childerick being unfit to governe and unable to repulse the enemies of the French which invaded his territories thereupon by the advise of Pope Zachary and of a whole Synod and Parliament in France they deposed Childericke and elected Pipin for their King who was both able and willing to protect them Vpon this very ground the Emperours Charles the third and Wenceslius were deposed as being unable and unfit to defend and governe the Empire and others elected Emperors in their steeds Thus Mahomet the blinde King of Granado was in the yeare 1309. deposed by his owne Brother Nobles and Subjects who were discontented to be governed by a blinde King who could not lead them to the warres in person And Ethodius the 2 d king of Scotland being dull of wit given to avarice and nothing meete to governe the Realme thereupon the Nobles tooke upon them the governmēt appointing Rulers in every Province so continued them all his reigne leaving him nothing but the bare title of a King not depriving him thereof out of the respect they gave to the family of Fergusius but yet taking away all his regall power And not to multiply cases or examples of this nature Andrew Favine in his Theatre of Honour out of the Chronicle of Laureshe●m and Aimonius in his 4 th Booke of the History of France relates a notable resolution given by the Parliament Estates of France in this very point In the yeare 803. Lewes the Debonnaire king of France holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vuilses who with frank free good will submitted themselves to the judgement of the said Parliament to which of them the kingdome should belong The elder of these two brethren was named Meligastus and the younger Celeadraus Now albeit the custome of the said kingdome adjudged the Crowne to the eldest according to the right of Primegeniture allowed and practised by the Law of Nature and of later memory in the person of the last dead King Liubus father to the two contendants yet notwithstanding in regard that the Subjects by universall consent of the kingdome had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret and had given the Crown to the younger brother FOR HIS VALOVR DISCREETE CARRIGE after full hearing of both parties BY SENTENCE of PARLIAMENT the Kingdome was adjudged to the younger Brother stat●it ut junior frater delatam sibi à Populo suo pot flatem haberet c and thereupon the eldest did him homage with oath of Alleigance in the said Parliament and submitted to this sentence And upon this very ground in some of our ancient British and Saxons Kings Reignes when the right heire to the Crowne was an infant unable to defend his kingdome and people against invading enemies the Crowne hath commonly descended to the Vncle or next heire of full age who was able to protect them and repulse their enemies till the right heire accomplished his compleat age as I have elsewhere manifested If then a Kingdome by generall consent may elect a new King to defend and preserve it in case of invasion and eminent danger of ruine by forraigne enemies when their present King either cannot or will not doe his duty in protecting them from their enemies and exposeth them for a prey to their devastations as these examples and authorities conclude they may though I will not positively determine so Then certainely by equall semblable and greater reason subjects may lawfully take up necessary defensive Armes against their Kings when they shall not onely desert but actually invade and wage warre against them destroy and wast them in an open Hostile manner and handle them as cruelly as the worst of enemies such a wilfull unnaturall Hostile invasion being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy And if Kings in case of sottishnesse or Lunacy may be lawfully deposed from their kingdomes by common consent of their Realmes when they are altogether unfit or unable to governe as B●shop Bilson asserts and I have manifested else where then much more may they be lawfully resisted by force without guilt of Treason or Rebellion when they wilfully and maliciously contrary to their oath and duty cast off their Royall governments the protection of their subjects and wage open warre against them to enslave or ruine them If a Father shall violently and unjustly assault his sonne a husband his wife a master his servant a Major or other inferior Officer a Citizen to murther maime or ruine them They may in such a case by the Law of Nature God man resist repulse them in their owne defence without any crime at all as dayly practise experimentally manifests yea they may sweare the peace against them and have a Writ de securitate Pacis in such cases Therefore by the selfesame reason they may resist the King and his Army in like cases there being no more humane nor divine Law against resistance in the one case than in the other Finally it is the resolution of John Bodin and others who deny the lawfulnesse of Subjects taking up Armes against their Soveraigne Prince or offering violence to his person though he become a Tyrant That if a Soveraigne Prince or King by lawfull election or succession turne a Tyrant he may lawfully at his Subjects request be invaded resisted condemned or slaine by a forraigne Prince For as of all Noble acts none is more honourable or glorious then by way of fact to defend the honour goods and l●ves of such as are unjustly oppressed by the power of the more mighty especially the gate of Iustice being shut against them thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian and no meanes to have redresse of his wrongs So it is a most faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people unjustly oppressed by the cruelty of a Tyrant as did the great Hercu'es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters that is to say Tyrants and so delivered people for which he was numbred among the gods his posterity for many worlds of yeares after holding most great Kingdomes And other imitators of his vertue as Dio Timoilion Aratus Harmodius Aristogiton with other such honourable Princes bearing Titles of chastisers and correctors of Tyrants And for that onely cause

and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM drive him with his wicked Counsellours out of the Realme and consult of chusing them a new King After these and some other like passages the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops he would amend all things amisse in his Kingdome for performance of which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and slew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclnded namely that I should be without this homage and absolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he endeavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15 daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederaciei nor will I invoke their aide Vnlesse which God forbid inopinata immutabilis fuero compulsus necessitate I shall be compelied by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that he will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are enjured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri turtia sicut heri Falix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before

persons If any king shall unjustly assault the persons of any private Subjects men or women to violate their lives or chastities over which they have no power I make no doubt that they may and ought to bee resisted repulsed even in point of conscience but not slaine though many kings have lost their lives upon such occasions as Rodoaldus the 8. king of Lumbardy Anno 659. being taken in the very act of adultery by the adulteresses husband was slaine by him without delay and how kings attempting to murther private Subjects unjustly have themselves beene sometimes wounded and casually slaine is so rise in stories that I shall forbeare examples concluding this with the words of Iosephus who expressely writes That the King of the Israelites by Gods expresse Law Deut. 17. was to doe nothing without the consent of the high Priest and Senate nor to multiply money and horses over much which might easily make him a contemner of the Lawes and if he addicted himselfe to these things more than was fitting HE WAS TO BE RESISTED least he became more powerfull then was expedient for their affaires To these Authorities I shall onely subjoyne these 5. undeniable arguments to justifie Subjects necessary defensive wars to be lawful in point of conscience against the persons and Forces of their injuriously invading Soveraignes First it is granted by all as a truth irrefragable that kings by Force of Armes may justly with safe conscience resist repulse suppresse the unlawfull warlike invasive assaults the Rebellious armed Insurrections of their Subjects upon these two grounds because they are unlawfull by the Edicts of God and man and because kings in such case have no other meanes left to preserve their Royall persons and just authoritie against offensive armed Rebellions but offensive armes Therefore Subj●cts by the selfe-same grounds may justly with safe consciences resist repulse suppresse the unjust assayling military Forces of their kings in the case fore-stated though the king himselfe be personally present and assistant because such a war is unlawfull by the resolution of God and men and against the oath the duty of kings and because the subjects in such cases have no other meanes left to preserve their persons lives liberties estates religion established government from certaine ruin but defensive Armes There is the selfe same reason in both cases being relatives therefore the selfesame Law and Conscience in both Secondly It must be admitted without debate that this office of highest and greatest trust hath a condition in Law annexed to it by Littletons owne resolution to wit that the King shall well and truely preserve the Realme and do that which to such Office belongeth which condition our king by an expresse oath to all his people solemnely taken at their Coronation with other Articles expressed in their oath formerly recited is really bound both in Law and Conscience exactly to performe being admitted and elected king by the peoples suffrages upon solemne promise to observe the same condition to the uttermost of his power as I have a elsewhere cleared Now it is a cleare case resolved by Marius Salomonius confirmed at large by Rebussus by 12. unanswerable reasons the Authorities of sundry Civill Lawyers and Canonists quoted by hi● agreed by Albericus Gentiles and Hugo Grotius who both largely dispute it That Kings as well as Subjects are really bound to performe their Covenants Contracts Conditions especially those they make to all their Subjects and ratifie with an Oath since God himselfe who is most absolute is yet mostf firmly oblieged by his Oathes and Covenants made to his despicable vile ereatures sinfull men and never violates them in the least degree If then these conditions and Oathes be firme and obligatory to our kings if they will obstinately breake them by violating their Subjects Lawes Liberties Properties and making actuall warre upon them the condition and Oath too would be meerely voyde ridiculous absur'd an high taking of the Name of God in vaine yea a plaine delusion of the people if the whole State or people in their owne defence might not justly take up Armes to resist their kings and their malignant Forces in these persidious violations of trust conditions oaths and force them to make good their oath and covenants when no other means will induce them to it Even as the Subjects oath of homage and allegiance would be meerely frivilous if kings had no meanes nor coercive power to cause them to observe these oathes when they are apparently broken and many whole kingdomes had been much over seene in point of Policie or prudence in prescribing such conditions and oaths unto their kings had they reserved no lawfull power at all which they might lawfully exercise in point of conscience to see them really performed and duely redressed when notoriously transgressed through wilfulnesse negligence or ill pernicious advice Thirdly when any common or publick trust is committed to three or more though of subordinate and different quality if the trust be either violated or betrayed the inferiour trustees may and ought in point of Conscience to resist the other For instance if the custody of a City or Castle be committed to a Captaine Leutenant and common Souldiers or of a ship to the Master Captaine and ordinary Mariners If the Captaine or Master will betray the City Castle or ship to the enemie or Pirates or dismantle the City wals and fortifications to expose it unto danger or will wilfully run the ship against a rocke to split wrecke it and indanger all their lives freedomes contrary to the trust reposed in them or fire or blow up the City Fort ship not onely the Leiutenant Masters Mate and other inferiour Officers though subject to their commands but even the Common Souldiers and Marriners may withstand and forcibly resist them and are bound in Conscience so to doe because else they should betray their trust and destroy the City Fort ship and themselves too which they are bound by duty and compact to preserve This case of Law and conscience is so cleare so common in daily experience that no man doubts it The care and safety of our Realme by the originall politicke constitution of it alwayes hath beene and now is committed joyntly to the king the Lords and Commons in Parliament by the unanimous consent of the whole kingdome The king the supreame member of it contrary to the trust and duty reposed in him through the advise of evill Councellors wilfully betrayes the trust and safety of this great City and ship of the Republicke invades the inferiour Commanders Souldiours Citizens with an Army assaults wounds slayes spoyles plunders sackes imprisons his fellow trustees Souldiers Marriners Citizens undermines the walls fires the City ship delivers it up to theeves Pyrates murtherers as a common prey and wilfully runnes this ship upon a rocke of ruin If the Lords and Commons joyntly intrusted with him should not in this case by

not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late taking up Armes against him and his evill Counsellors in defence of their Religion Lawes Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of th●se Enormities Pressures grievances in Church and State which threatned desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That all the Rights of his Crowne are vested in him for his Subjects sake That the Prince may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is bound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preserve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a s●fficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned and prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull iniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or for booty propter praedam enim militare peccatum est Whence Joh Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nation yea By all Lawes whatsoever and the very dictate of Reason And that a●n●cessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violence And ther●fore m●st of necessitie be acknowledge lawfull because directly opposite to and the onely remedy which G●d and Nature have giuen men against T●rannicall and unjust invasions which are both s●●n●full and unlawfull And so can be no Treason no Rebellion no crime at all thou●● our Princes or Parents be the unjust assail●nts Of which see more in Hugo Gro●ius de Iure Belli l. 2. c. 1. I shall close up the Civillians and C●no●●●s Opinions touching the lawfulnesse of a Defensive Warre with the words o● A●beric●●●entilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Jure Belli Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. ca● 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is