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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

and Statutes of the Realme be by him defeated and frustrated at his will to the destruction of the King his Soveraignty Crowne and Regality and of all his Realme in defence whereof in all points they would live and dye Hence the Kings of England have alwayes setled entailed and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament and consent of the whole Realme because the whole kingdome hath an interest therein without whose concurring assent in Parliament they had no power to dispose thereof as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138 139. abundantly manifest and Cooke l. 8. the Princes case Upon which ground King Edward the sixt his devise of the Crowne of England to the Lady Iane by his last will in writing without an Act of Parliament contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd though subscribed and sworne to by all the Lords of the privy Counsell and all the Iudges but one and Queene Iane with the Duke of Northumberland and others who proclaimed her as Queen of England by vertue of this devise were condemned and executed as Traytors Whereas auy private Subject may devise and settle his estate as he pleaseth without any speciall Act of Parliament to authorize him Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth and the Legacies therein bequeathed of 40000. Markes in Goods Chattels Jewels Moneyes for Payment of the Kings debts are ratified by the Lords Commons and Protectors concurring assents by an Act of Parliament as being otherwise invalid to binde the King or Kingdome And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum concluded on by Articles upon her Marriage and by a Parliament held the second of May in the 9. yeare of King Henry the fifth well approved authorized and accepted which Articles that King then swore unto and the three Estates of the Realme of England to wit the Prelates Nobles and Commons of England in that Parliament and every one of them for them their Heires and Successors promised well and truely to observe and fulfill for ever as much as to them and every of them appertained Was after her Husbands death upon her petition by a speciall patent made by this Infant King her Son WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and COMMONS OF ENGLAND IN THAT PRESENT PARLIAMENT ASSEMBLED assigned setled and confirmed out of the Crowne Lands therein specified else it had not beene binding to the Successor King or Realme the Crowne Lands being the Kings but onely in the Kingdomes right whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments wheras any other man may endow or make his Wife a good Joynture without the Parliaments assent or privity And in 2 E. 3. the Queene Dowagers great Ioynture which tooke up three parts of the Kings Revenues by common consent in a Parliament held at Nottingham was all taken from her because not duely setled by Parliament and too excessive to the Kings and kingdomes prejudice and she put to a pension of 1000. li. per annum during her life And by the Statute of 1 H. 6. c. 5. it is expressely resolved That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne to maintaine his Warres without a speciall Act of Parliament and if he did those to whom he pawned or sold them were still accomptable to the Crowne for them and the alienation voyd whence the carrying of the Jewels Treasure and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament was one of the Articles objected against Richard the second in Parliament when he was deposed the Jewels and Crowne Lands being not the Kings in right of property and interest but the kingdomes onely and so all alienations of them without the Parliaments consent voyd and usually resumed by the Parliament witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours Castles Townes Villages Manors Lands Rents Reversions Annuities c. from the first yeare of his Reigne till then with divers other precedents of Resumptions in the Margin in King Stevens Rich. 1 2. Hen. 2 3 5. their Reignes These resolutions of our Common and Statute Law are seconded by many forraigne Civilians as Baldus in Proem de Feud n. 32. 33. Aretine in Rubric Lucas de Penna Cod. de omni agro deserto l. Quicunque f. 184 185. Albericus de Rosate Quodcunque praescrip bene a Zenone n. 4. f. 3. 1. 4. Boetius Epan Haeroic quest qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius Practic qu. c. 4. n. 1. Martinus Laudensis de Confaed Tract 1. qu. 13. Ioan. Andreas in cap. dilect de Maior Obed. Franciscus Vargas de Author Pontif Axiom 1. n. 2. Concilium Toletanum 8. Surius Concil Tom. 2. p. 865 866. with sundry others many of whose words you may reade in Doctor Crakenthorps defence of Constantine p. 169. to 175. who affirme That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes contrary to their Oathes and Trusts they being the Kingdomes not theirs in right Whence they conclude Constantines pretended Donation of Rome and Italy to the Pope a meere Nullity And Francis the first King of France An. 1525. professed publikely to all the world That it was not in the power of a French King to bind himselfe to the alienation of any Lands Townes or Territories belonging to the Crowne without the consent of the generall Estates of France of his Soveraigne Courts and Officers in whose hands the Authority of the whole Realme remained And therefore ●e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth who had taken him prisoner in the Battle of Pavia or to release his right to any territories belonging to the Crowne of France though he had sworne to do it to procure his Liberty alledging that he had no power to do it without his kingdomes and Parliaments consents It is true our Law-bookes say That the King cannot be seised of Lands to any private Subjects use by way of feofment because it stands not with his honor to be any private mans feoffee because no Subpena lieth to force him to execute it he is a Corporation yet he may have the possession of lands in others right and for their uses as of Wards Ideots Lunaticks

1172. Where the King entring parley with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith laid downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion of so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to keepe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor though as the event soone shewed he little meant to doe as he promised Peace thus established this conference ended and the Kings Oath received the English Armies disband themselves as dreaming they had now good fortune by the foote and hoping the greatest stormes of their dangers were past which presently proved but a vaine surmise For King William having compounded with the Danes began extreamely to hate the English Nobles and with full resolution of their destruction suddenly set upon them apart which hee durst not attempt when they were united so that slaying many imprisoning others and persecuting all of them with fire and sword well was he that could be first gone Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects which are seldome really performed and intended onely as snares to intrap them if they confide and rely upon them without any better security After the death of William the Conquerour William Rufus his younger sonne in the absence of Robert the elder Brother hastens into England to obtain the Crown and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor that if they would make choise of him for their King he would abrogate the over-hard Lawes of his Father and promise to observe justice equity and mercy throughout the kingdome in every businesse and defend the Peace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions volentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen and Crowned King Which promise and Oath he soone after brake saying Who is it that can fulfill his promises Whereupon many of the Nobles levyed warre against him adopting Robert his elder Brother King William Rufus dying Henry the first his younger Brother in the life of Robert the right Heire assembling all the Clergy and people together to London to procure their favour and love to chuse him for their King and Patron He promised the Reformation of those Lawes by which England had beene oppressed in the Reignes of his Father and Brother To which the Clergy and Nobles answered That if hee would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward they would unanimously consent to him and consecrate him for their King Which he willingly assenting to and affirming with an Oath that he would performe he was by the assent both of Clergy and people consecrated King at Westminster promising by Oath to confirme King Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and others The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COUNSELL of the Barons of the Kingdome of England I am Crowned King And because the kingdome was oppressed with unjust exactions I out of respect to God and the love I beare towards you all make the Church of God free c. And all the evill customes wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them King Edwards Lawes with those amendments of them which his Father made by the consent of his Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and other crimes Henry deceasing Maude the Empresse his right Heire to whom the Prelates and Nobles had sworne fealty in her Fathers life time was put by the Crowne by the Prelates and Barons who thought it basenesse for so many and great Peeres to be subject to a woman and that they were freed of their Oath by her marrying out of the Realme without their consents and Stephen Earle of Mortaine who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclaimed King whereupon they all tooke their Oathes of Allegiance to him conditionally to obey him as their King so long as hee should preserve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old Proverbe Quamdiu habebis me pro Senatore ego te pro Imperatore All this the King at his Coronation swore and promised to God the people and Church to performe And presently after going to Oxford he in pursuance of his Oath there sealed his fore-promised Charter of many indulgent favours the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the Land touching Forests exactions and annuall Taxes which his Ancestors usually received should be eternally abolished the ancient Lawes restored prefacing therein That he obtained the Crowne BY ELECTION ONELY Haec autem specialiter alia multa generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit write Matthew Paris Hoveden and Huntindon Pene omnia perperam mutavit quasi ad hoc tantum jurasset ut praevaricatorem Sacramenti se regno toti ostenderet saith Malmesbury Granting those immunities rather to blinde their eyes than with any purpose to manacle his owne hands with such parchment chaines Such faith is to be given to the solemnest Oathes of Kings But this his perjury was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The form of King Henry the second his Oath I finde not onely I read that upon his Coronation he caused the Lawes to be reformed by advise of discreet men learned in the Law and by his Proclamation commanded that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme Wherefore it is probable he tooke the same Oath that he did Richard the first succeeding at his Coronation

liberties therein conteined should be faithfully observed you have not kept but without regard to honour or conscience broken Therefore are you found to be a manifest violater of your faith and Oath Where are the liberties of England so often fairely ingrossed so often granted so often bought I though a woman and with me all the naturall and loyall people of the land appeale you to the Tribunall of that high Iudge above and heaven and earth shall be our witnesse that you have most unjustly dealt with us and the Lord God of revenge avenge and right us The King distrubed at these words asked her If she expected not to obtaine her suite upon favour seeing she was his kinswoman Whereunto she answered How shall I hope for grace when you deny me right Therefore I appeale before the face of Christ against those Councellours also of yours who gaping onely after their own gaine have bewitched and infatuated you I wish none had cause at this very season to make the like appeales As boldly though in fewer words is he reproved by the Master of the Hospitall of Hierusalem in Clarken-well who comming to complaine of an injury committed against their Charter the King told him The Prelates and especially the Templets and Hospitalers had so many Liberties and Charters that their riches made them proud and their pride mad and that those things which were unadvisedly granted were with much discretion to be revoked alleaging that the Pope had 〈◊〉 recalled his owne grants with the clause Non obstante and why should not he cashiere those Charters inconsiderately granted by him and his Predecessors What say your Sir sayd the Prior God forbid so ill a word should proceed out of your mouth so long as you observe justice you may be a King as soone as you violate the same you shall cease to be a King To which the King inconsiderately replied O what meanes this you Englishmen will you cast me downe from the Kingdome as you did my Father and kill me being praecipitated I could instance in diverse like violations of Mag●a Charta and other good Lawes immediately after their making and ratification with solemnest Oathes and excommunications both in King E●ward the 1. and 2. and Richard the seconds raignes which because elsewhere lightly touched I shall pretermit concluding onely with one president more in one of our best and justest Princes raignes King Edward the third in whose reigne even then when by speciall Acts there was not onely a trieniall Parliament but an annual to be held and sometimes 4. or 5. Parliamentsheld every yeare and Magna Charta usually first confirmed by a new Law in every one of them yet we shall finde not onely frequent complaints of the breaches of it but many new Lawes one after another enacted to prevent and punish the violations of it and yet all to little purpose as those Acts declare and our late yea present times attest and which is very observable when King Edward the 3 d in the first Parliament in the 15. yeare of his Raigne had ordained and established divers good Statutes which he willed and granted FOR HIM HIS HEIRES that they should be FIRMELY KEPT HOLDEN FOR EVER for the ratification of Magna Charta and better observing other good Lawes and enacted That the Chauncellour Treasurer Barons of the Exchequor Iudges and all other great Officers of the Kingdome should then for the present in Parliament and for ever after take a solemne Oath before their admission to their Offices to keepe and maintaine the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any one point No sooner was that Parliament dissolved but the very same yeare he publikely revoked those Statutes pretending That they were contrary to the Lawes and Customes of the Realme and to his Prerogatives and Rights Royall all which he by his Oath was bound to m●inta●ne Wherefore willing providently to revoke such things which he so improvidently had done Because saith he marke the dissimulation of Princes even in Parliaments We nev●r realy consented to the making of such Statutes but as then it beloved Vs WEE DISSEMBLED IN THE PREMISES by Protestations of r●vocations if indeed they should proceed to secure the Dangers which By the Denying of the same we feared to come for as much as the said Parliament otherwise had beene without any exp●dition in discord dissolved and so our earnest busi●sse had likely bee●e which God pr●ohibit i●ruine And the said pretensed Statute we promised then to be sealed But sithence the Statute did not of our owne free will proceed it seemed to the Ea●●s Barons and other wise men with wh●m wee have treated thereupon 〈…〉 should be voide and ought not to have the Name nor Strength of a Statute And therefo●e by their Counsell and Ass●n● We have Decreed the said Statute to be void and the same in as much as it proceeded of deed we have brought to be anulled And the same we doe onely to the conservation and redintegration of the Rights of our Crowne as w● be bound and not that 〈◊〉 should in any wise aggravate or oppresse our Subjects whom wee desire to rule by lenity and gentlenesse And thus his S●ablishing of these Lawe● for Him and his Heires firmely to be holden and kept for ever was turned into an estate at will determined as soone as granted By which pretence of Dissimulation of a consent to Acts yet no free but sained onely to accomplish his owne ends and of preserving and redintegrating the Rights of the Crowne how easily may any King and how oft have many Kings actually though not Legally invallid and ●ullifie all Acts they have passed for the Subjects benefit as soone as they are made by Parliaments What weake assurances then are Lawes alone to binde Princes hands or secure Subjects Liberties let all wise men judge If then the ignorant vulgar will be deceived with these specious fruitlesse Protestations and the bare grant only of some good Laws already highly violated with●out any apparent intention to observe them yet most presume the great Counsell of the Kingdome which in so many printed Declarations hath informed the Subiec●● of the premises to make them cautious and vigilant against all such circumventions wil not be so easily over-reached and find better assurances before they trust too 〈◊〉 Fourthly admit say some His Majesties Protestations and Promises upon t●● hoped accommodation should be reall w ch the sending abroad of his Forces West South North at this very instant of Treating makes most doubt yet the sway of ill Counsellors about him more prevalent with more trusted by him at this present then his grandest Counsell the Parliament the Potencie of the Queene the great merits of her Grace Papists who will not be more modest with the King then they are with God himselfe in challenging rewards ex debito for service done unto him 〈…〉

all the infringers thereof should be solemnly Excommunicated by the Bishops And because the King had not hitherto observed the great Charter notwithstanding his Oathes and promises and Saint Edmonds Excommunication against him by infringing it least the like danger should happen in after times and so the last errour be worse then the first BY COMMON ASSENT they elected 4 of the most P●l●tick discreetest men of all the Realme Who should be of the Kings Counsell and sweare that they would faithfully mannage the affaires of the King and Kingdome and would administ●r Iustice to all men without respect of persons That these should alwayes follow the King and if not all yet two at the least should be present with him to heare every mans complaint and speedily releeve such as suffered wrong That the Kings Treasury should be issued by their view and testimony and that the money specially granted by all should be expended for the benefit of the King and Kingdome in such sort as should seeme best and most profitable And that these shall be Conservators of their Liberties And that as they Are Chosen by the assent of all so likewise not any of them should be removed or deprived of his Office without Common assent That one of them being taken away by the election and assent of the three another should be substituted within two Moneths Neither without them but when there shall be necessity and at their Election may all meet againe That the Writs impetrated against the Law and Custome of the Realme should be utterly revoked and cancelled That Sentence should be given against the Contradictors That they should oblige one another to excute all this by a mutuall Oath That the Justiciar and Chancellour should be chosen by the generall Voices of all the States assembled and because they ought to be frequently with the King may be of the number of the Conservators And if the King by any intervenient occasion shall take away his Seale from the Chancellour whatsoever shall be sealed in the interim shall be reputed void and frustrate till restitution of it be made to the Chancellour That none be substituted Chancellour or Iusticiar but by the universall assembly and free assent of all That Two Iustices may be chosen of the Bench Two Barons of the Exchequer ordained And at least One Iustice of the Iewes deputed That at this turne All the said Officers should be Made and Constituted by the Common Universall and Free Election of All That like as they were to ●andle the Businesses of All Sic etiam in eorum Electionem concurrat assensus singulorum So likewise For their Election the Assent of all should Concur And afterwards when there shall be need to substitute another in any of the foresaid Places this Substitution shall be made by the Provision and Authority of the Foure Counsellours aforesaid That those hitherto suspected and lesse necessary should be removed from the Kings side But whiles these businesses over-profitable to the Common-wealth had beene diligently handled by the Lords for three weekes space the enemy of man-kind the disturber of peace the raiser of sedition the devill as Matthew Paris writes unhappily hindered all these things by the Popes avarice through the coming of Martin a new Legate with a larger power then any ever had before to exact upon the State the interposition of which businesse in Parliament where it received a peremptory repulse tooke up so much time that the former could not be fully concluded during that Parliament Whereupon after this in the Yeare 1248. King Henry calling a generall Parliament at London to take an effectuall course for the setling of the distractions and grievances of the Realme and therein demanding an ayde he was grievously reprehended for this That he was not ashamed then to demand such an ayde especially because when he last before demanded such an exaction to which the Nobles in England would hardly assent he granted by his Charter that he would no more doe such an injury and grievance to his Nobles they likewise blamed him for his profuse liberality to forraigners on whom he wasted his Treasure for marrying the Nobles of the Land against their wills to strangers of base birth for his base extortions on all sorts of people his detaining the Lands of Bishops and Abbots long in his hands during vacancies contrary to his Coronation Oath c. But the King was especially grievously blamed by all and every one who complained not a little for that LIKE AS HIS MAGNIFICENT PREDECESSORS KINGS HAVE HAD Iusticiarium nec Cancellarium ha●et nec Thesaurarium PER COMMVNE CONSILIVM REGNI prout deceret expediret hee had neither a Chiefe Iustice nor Chancellour nor Treasurer made by the Common Councell of the Kingdome as it was fitting and expedient but such who followed his pleasure whatsoever it was so it were gainefull to him and such as sought not the promotion of the Common-wealth but their own by collecting Money and procuring Wardships and Rents first of all to themselves A cleare evidence that these Officers of the Kingdome were usually of right created by the Parliament in this Kings and his Ancestors times When the King heard this he blushed being confounded in himselfe knowing all these things to be most true he promised therefore most truely and certainely that hee would gladly reforme all these things hoping by such a humiliation though fained more readily to incline the hearts of all to his request To whom taking counsell together and having beene oft ensnared by such promises they all gave this answer This wil be seene and in a short time it will manifestly appeare to all men therefore we will yet patiently expect and as the King will carry himselfe toward us so we will obey him in all things Whereupon all things were put of and adjourned till 15 dayes after Saint Iohn Baptists feast But the King in the meane time obdurated either by his owne spirit or by his Courtiers who would not have his power weakned and being more exasperated against his people regarded not to make the least reformation in the foresaid excess●s according as he had promised to his liege people but instead thereof when all the Nobles and Parliament met againe at the day prefixed firmely beleeving that the King according to promise would reforme his errours and follow wholesome counsels gave them this displeasing answer by his ill Councellours from whom his Majesties evill advisers lately borrowed it You would all Ye Primates of England very uncivilly bind your Lord the King to your will and impose on him an over-servile condition whiles you would impudently deny to him that which is lawfull to every one of your selves Verily it is lawfull to every one to use whose and what councell he listeth Moreover it is lawfull to every housholder to preferre to put by or depose from this or that Office any of his Houshold which yet you rashly presume to

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 flew 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 concl●ded namely that I should be without this homage and obsolved 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 end eavoured 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 confederacie nor will I invoke their aide Vnlesse which God forbid inopinata immutabili fuero compulsus necessitate I shall be compelled 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 the 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 e●jured 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 ●urpia sicut heri Faelix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were there by chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised

that his Fa●hers decree and the Scriptures foretelling his Passion might be fulfilled as himselfe resolves not because hee deemed resistance Vnlawfull which he even then approved though hee practised it not as these Texts doe fully proove Fourthly The lawfulnesse of a defensive Warre against the invading Forces of a Soveraigne is warranted by the example of the City Abel which stood out and defended it selfe against Ioab Davids Generall and his Forces when they besieged and battered it till they had made their peace with the head of Sheba who fled into it for shelter 2 Sam. 20. 14. to 23. And by that of Ester Ch. 8. 8. to 17. chap. 9. 1. to 17. pertinent to this purpose Where Haman having gotten the Kings Decree to be sent unto all Provinces for the utter extirp●tion of the whole Nation of the Iewes the King after Hamans Execution through Gods great mercy and Mordecaies and Queene Esters diligence to prevent this bloody massacre by their Enemies granted to the Iewes in every City by Letters under his Seale To gather themselves together and to stand for their lives to destroy to slay and to cause to perish all the power of the people and Province That would Assault them both litle ones and women and to take the spoile of them for a prey and that the Iewes should be ready against the day to avenge themselves of their enemies Hereupon when the day that the Kings Commandment and Decree for their extirpation drew nee●● to be put in execution in the day that the enemies of the Iewes hoped to have power over them the Iewes gathered themselves together in thier Cities throughout all the Provinces of King Ahasuerus to lay hand on such as sought their hurt and no man could withstand them for the feare of them fell upon all people And all the Rulers of the Provinces and the Lieutenants Deputies and Officers of the King helped the Iewes because the feare of Mordecai fell upon them So the Iewes smote all their enemies with the stroake of the Sword and slaughter and destruction and did what they would unto those that hated them In the Place they slew eight hundred men and Hamans tenne sonnes on severall dayes And the other Iewes that were in the Provinces gathered themselves together and Stood for their Lives and had rest from their enemies and slew of their foes seventy and five thousand but they laid not their hands on the prey Loe here a Defensive war justified and granted lawfu●l by the Kings owne Letters to the Iewes against their enemies who by former Charters from him had Commission wholly to ex●irpate them Neither had this licence of the Kings in point of Co●science been lawfull had their defence and resistance of the Kings former Commission been wholly unlawfull And the reason of the Kings grant to them to resist and slay their Enemies that would assault them was not simply because their resistance without it ad standing for their lives had beene unlawfull by reason of the Kings first unjust Decree which they ought not in Conscience to submit to without repugnancy But onely to enable the Iewes then Captives and scattered abroad one from another in every Province with more convenience securitie boldnesse and courage now to joyne their forces together to resist their malicious potent enemies to daunt them the more thereby Nature it selfe yea and all Lawes in such a bloody Nationall Butchery as this without any j●st cause at all both taught and en●bled every one of the Iewes to stan● for his life his Nations Relig●ons preservation even to the last drop of blood Therefore the Letters of the King did not s●mply enable them to resist t●eir enemies which they might have done without them but give them Authority to destroy and slay the Wives and little children of their Enem●es and to take the spoile of them for a prey which they re●used to doe because they deemed it unjust notwithstanding the Kings permission and concessi●n which as to these particulars was illegall and more then hee could justly grant This generall Nationall resistance of Gods own people then of their assaulting cruell Enemies even among Strangers in the land of their Captivity under a forraigne Enemy with the former and other following precedents will questionlesse more then conjecturally prove if not infallibly resolve The lawfulnesse of a necessary Defensive Warre and opposition by free Subiects against their Kings assailing Forces which seekes their ruine though armed with their Kings Commission and that without any Ordinance of Parliament authorising them to resist much more then when enabled to oppose them by O●dinances of bo●h Houses as the Iewes were to resist and slay their enemies by this Kings Letters and Authority Thirdly That kind of resistance which hath no one Text nor Example in Scripture to impeach its lawfulnesse but many Texts and precedents to countenance it must doubtlesse be lawfull in point of Conscience But the resisting of Kings invading pillaging destructive Forces who have nothing to plead to justifie all their Villanies but a void illeg●ll Warrant hath no one Text nor example in Scripture to impeach its lawfulnesse for ought I can finde and if there be any such I wish the Opposites would object it for R●m 13. as I shall shew hereafter doth no waies contradict but approve it But it hath many Texts and precedents to countenance it as the premises and sequell attest Therefore it must doubtlesse bee lawfull in point of Conscience Fourthly it is confessed by all men yea those who are most intoxicated with an Anabaptisticall spirit condemning all kind of warre refusing to carry Armes to defend themselves against any Enemies Theeves or Pirates that it is lawfull not onely passively to resist their Kings unlawfull Commands and invading Forces but like wise by flight hiding or other pollicies to evade and prevent their violence which is warranted not onely by Moses Davids and Elijahs their severall flights from the violence of the Egyptians Sa●● and 〈◊〉 who sought their lives but likewise by I●seph Mar● and Christ himselfe who fled into Egypt to escape the hand● and but chery of King Herod by Christs own direction to his Disciples Matth● 10 23. But when they pers●cute you in this City flee yee into another and that Prediction of his Matth. 23. 34. Behold I se●d unto you Prophets and wise men and Scribes and ●●me of them ye shall kill and crucifie and some of them shall you scourge in your Synagogues and persecute them from City to City which was really fulfilled Acts 8. 3. 4. c. 9. 12. c 11. 19. c. 13 50 51. c. 14 1 to 24. c. 17. 1. to 16. c. 22 42. c. 26. 11. 12. c. 9. 24 25 26. ● Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his b●oke De Fuga in persecutione Hence then I argue thus That unjust violence of Princes and their Armies which Subjects with a safe conscience may decline

King for the two next yeares so as the custome of Mal-tolt newly imposed on Woolls should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Derby and Iohn Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and the Cinque-ports were to finde 21 ships of their owne and nine ships of the River of Thames Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne

to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled sh●uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwick● Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about i● The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten B●rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if

in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them partly because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to ●ave their Pur●es or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statutes De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and Iustice. This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First 〈◊〉 an●wer That the Parliament is the absolute Soveraigne power within the Realme not subject to or ob●iged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our H●stories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone th●s● Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit them king of a Law against or to restrain it selfe being cleare out of the orignall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiou● 〈◊〉 is only within them they can no way extend to the Parliament but to them alone 3. The Parliament 〈◊〉 the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of gran●ing and imposing on the Subj●cts whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall T●xes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restrai●ed by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Not We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye that We c. out of meere and free will have given and granted to all Archbishops Bishops E●rles Barons and to all free men of this our Realm of England and by this our present

of the Parliament so that their grant and assent i● Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and cha●●●ls c. in aide of the good keeping the Realme as well by Land as by Sea c. We your p●ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and P●eres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. And absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occassion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath pr●m●sing amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their o●thes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King f●iled in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18. E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to great them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le v●ult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present ass●ssement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est lici●um est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40. b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the

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

at Running-mead that the 25. Barons then elected for the conservators of those Liberties and Charters with the Commons of the Land might distraine and enforce the King if he violated these Charters and made no redresse thereof within 40. days space after notice by seising upon his CASTLES lands possessions and other goods till amends should be made according to their arbitration And for more certainety the fou●e Chatelaines or chiefe Captaines of the Castles of Northampton Kenelworth Nottingham and Scarborough should be sworne to obey the commandment of the 25. Barons or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFULL and OBSERVE THEIR OATH And upon this accord Rochester Castle and others whose custody of antient right belonged to the Archbishop of Canterbury with other Castles appertaining to the Barons were restored to them by the King who breaking all his vowes Charters immediatly after through the Barons and peoples supine negligence overmuch confiding to the Kings Oath and confirmations and fond conceite of holding that by peace which they had recovered by violence from a perfidious King in halfe a yeares space recovers all the Castles againe even to the Borders of Scotland by meanes of foraine Forces and a malignant despicable domemesticke party hee having scarce seven Knights faithfull to him being generally forsaken of all and made him●elfe absolute Master of all England except the Citie of London the Suburbs whereof hee burned and sacked and so tyrannised over his Subjects with fire and Sword pillaging them every where Vastand● omnes domos aedificia Baronum divisis agminibus succendebat spolia cum animalibus rapiebat de rapina iniquitatis ministros quos habebat nequissimos saginabat c. suffici●bat ad ca●sam mortis simplicibus incolis si aliquid habere credebantur qui nihil habebant fateri habere cogebantur qui non habeb at habere ut persolveret paenis exquisitis distringebatur Diseurrebant ●icarii caede humana cruentati noctivagi incendiarii filii Belial strictis ensibus ut delerent a faci● terrae ab homine usque ad pecus omnia ●umanis usibus necessaria eductisque cultellis villas domos caemiteria ecclesias perlustrabant omnes spoliabant ita quidem ut nec muliebri s●xui nec parvulorum vel decrepitorum par●erent aetati Et quod consumere non valebant incendio tradebant vel despergentes inutile humanis usibus reddebant Et quos nulla nota premebant INIMICOS REGIS VOCANTES si inimici sui appellandi sunt qui eum ad mansuetudinem justitiam mansuetam introducere voluerunt ubicunque reperiebantur raptim trahebantur in ●arcerem paenalem vinculis mancipati tandem ad gravissimam coacti redemptionem c. A ture Character of our times and plundering barbarous Cavaliers which so farre exasperated the Barons and people that they elected another King But the end for which I cite this precedent is to manifest that the Lords and Commons in that age did not thinke the Kings owne Charter Promise Protestations Oathes Proclamations the Bishops and Popes solemne excommunications and those 25. new Conservators a sufficiant securitie to preserve their Lawes and Liberties against the invasions of an unconstant wilfull foedifragous King unlesse they had the Power and Command of his chiefe Castles and the Militia added to them which wee see through overmuch securitie and want of vigilancy were all too little to preserve their Liberties against an unconstant oppressing Prince whose oaths and protestations were but like Sampsons cords broken all to peeces like a thread in a moment by those who had Sampsons strength King Henry the third was no whit inferior to his father Iohn in unconstancy and perfidiousnesse to his Subjects with whom when he had oft broken his faith and solemne oathes the Lords and Barons having no other meanes of securitie left to preserve their Lawes Liberties kingdome from vassallage and destruction or to enforce the King to keepe those ordinances which hee had made and sworne to observe in a Parliament at Oxford but few yeares before all which he laboured to rescinde having procured a dispensation of his Oath from the Pope to colour his perjury in the yeare 1260. appointed new Sheriffes and Gardians of Shires discharging such as the King had before admitted and raysing a strong power in the Marches of Wales sent a Letter to the King under the Seale of Sir Roger Clifford beseeching him to have in remembrance the Oath and promises hee had made f●r the observing of the Statutes enacted at Oxford with other Ordinances made to the honour of God for faith and allegiance to his person and for the weale and profit of his Realme willing him further to withstand and defie all such persons as will be against the said acts saving the Queene and her children After which letter sent and no answer to it received the Barons with banners displayed went against such Malignants as they knew held against those Acts. And first at Hereford they tooke the Bishop and all his Chanons who were aliens borne taking away their money and cattle and plundering their houses and manors And marching towards London much people fiocking to them in their passage ever as they found any that they knew to be against the maintenance of the said Acts they imprisoned them and spoyled their houses were they spirituall or temporall men furnished the especiall Fortresses of the kingdome with Gardians of their owne and in DIVERS OF THE KINGS CASTLES THEY SET IN SUCH MEN AS THEY LIKED and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE and gave them an Oath that they would be true and faithfull to the King and keepe those Castles TO HIS USE and TO THE WEALE OF THE REALME And when William de Valens denied with oathes to render up any Castle which was given him by the King his brother to keepe the Earle of Leycester and the rest of the Barons answered they would either have his Castles or his head which so terrified the Poictovines that they left Oxford and their Castles to the Barons and fled into France Which Castles when the King and Lords were accorded together with the Castles of Dover Nec Regi ablatum nec vetitum sed tanquam clavis totius Regni custodiae esset diligentiori a Baronibus deputatum and the Castle of Rochester and others were readily delivered up by the Barons to the King qui ubique liberum invenit introitum exitum juxt● vota tun● primo Rex sensit se falsis deceptionibus circumventum Baronum suorum fidelitate ubique lic●t ignoranter suffultum and then the King first found he was circumvented with false reports of the Barons disloyalty who so willingly restored his Castles to him when those stormes were blowne over though he made but ill use of it took occasion thence openly