by his Bill exhibited to this Parliament averred had divers times at sundry Parliaments in his time holden said that hee would have his intent and pleasure concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde he would by one meanes or other bring him out of his life And further said to him at Lichfield in the one and twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons have him in as great awe and dread as ever they had of any his Progenitors so that it might bee chronicled of him that none passed him of honour and dignity with condition that he were deposed and put from his said dignity the next morrow after So wilfull was hee as to preferre his will before his Crowne or safety In the yeares 1440. and 1441. Richard Duke of Yorke came into the Parliament House and there in a large Oration laid claime and set forth his Title to the Crowne of England which King Henry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene them both sides submitting to their resolution as the proper Iudges of this weighty royall controversie After long debate and consideration of the case among the Peeres Prelates and Commons of the Realme it was finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeares and more that he should enjoy the name and title of King and have possession of the Realme during his naturall life And if he either died or resigned or FORFAITED THE SAME for breaking any part of this concord then the said Crowne authority royall should immediately descend to the Duke of Yorke King Edward the 4. his Father if he then lived or else to the next heire of his line And that the said Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the King did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the death of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke TO TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed and swore to and then caused them to be enacted Loe here we have these two Kings submitting their Titles to the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigne Judge betweene them who setled the Crowne in this order under paine of forfeiting it by King Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in his full age as Walsingham informes us a Parliament constituted Duke Humfry to bee Protector of him and his Kingdome of England and the Duke of Bedford to bee Regent of France during his minority who exercised all regall power by vertue of that authority which the Parliament derived to them After this in these two Kings reignes the Crowne and its descent were variously setled by Parliament as I have formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it was altered or reversed by another Parliament King Richard the third comming to the Crowne by usurpation to strengthen his Title procured the Lords and Commons to passe an Act of Parliament wherein they declare him to bee their lawfull King both by election and succession entaile the Crowne upon him and the heires of his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in the royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teacheth that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled in Parliament and by the Authority of the same makes before all other things most faith and certainty and quieting of mens mindes removeth the occasion of all doubts and seditious language Henry the seventh afterwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to settle the inheritance of the Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace of God so to endure and on none other and all attainders and Acts against him by Edward the fourth and King Richard this Parliament annihilated After him King Henry the eighth to ratifie his divorce from Queen Katherine caused it to be confirmed and his marriage with her to be utterly dissolved by Act of Parliament and by sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to his posterity somewhat different from the course of the Common Law which Statutes were afterwards altered and the descent of the Crowne setled by other speciall Bils in Parliament both in Queene Maries and Queene Elizabeths Reignes whose Titles to the Crowne were setled and in some sort created by the Parliament By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose it is made no lesse then high Treason to affirme That the Queene WITH and BY THE AUTHORITY OF THE PARLIAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to BINDE LIMIT RESTRAINE and governe all PERSONS THEIR RIGHTS AND TITLES THAT IN ANY WISE may or might claime any interest or possibilitie IN OR TO THE CROWNE OF ENGLAND in POSSESSION REMAINDER INHERITANCE SUCCESSION or OTHERWISE HOWSOEVER and all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding their Crownes by a Parliamentary Title rather then by the course of the Common Law which this Statute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulliâ—ie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and hereditable to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene that should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise prescribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited by those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing against the succession of the Crowne as it is therein limited And withall they derive a plenary authority to the King who thereupon acknowledgeth the
THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Divided into FOVRE 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 excceding Derogatory to the Kings Supremacy and Subjects Liberty satisfactorily answered refuted dissipated in all parâ—iculars By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free and be not intangled againe with the yoke of bondage Psalm 2. 10 11. Be wise now therefore Oye Kings be instructed ye Iudges of the earth serve the Lord in feare and rojoyce with trembling It is this second day of August 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke Intituled The Soveraigne power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO THE Right Honourable Lords Commons Assembled in and continuing Constantly with this present PARLIAMENT both in Person and Affection ETernally Renowned Senators and most cordiall Philopaters to Your bleeding dying dearest Country from which no menacing Terrors of armed Adversaries nor flattering Promises of hypocriticall Court-friends could hitherto divorce your sincerest Affections and withdraw your undefatigablest Industries in the least degree to its betraying or enslaving I here humbly prostrate to your most mature Iudgements and recommend to your Highest Noblest Patronage this Quadruple Discourse OF THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES now at last compacted into one intire Body though formerly scattered abroad in dismembred Parts rather out of necessity to gratifie others then conveniency to content my selfe in which as Your Honours have the greatest Interest so it is just and equall You should enjoy the absolutest Propriety being compiled by Your Encouragement Printed by Your Authority published for Your Iustification to vindicate your indubitable ancient Soveraign Priviledges from the unjust Detractions Your legall necessary late Proceedings from the malicious false unjust Aspersions of those Royallists Malignants intemperate Pens Tongues Who like naturall bruite beasts made to be taken and destroyed speake evill of the things they understand not and shall perish in their owne corruption Cursed children who have forsaken the right way and are gone astray following the way of Balaam the sonne of Bosor who loved the wages of unrighteousnesse but was rebuked for his iniquity I must ingenuously confesse that the Subject matter and grand publicke Differences betweene King Parliament yea betweene most Kings and Kingdomes in the world herein debated are of such an extraordinary rare transcendent nature of such infinite universall consequence weight concernment yea so full of dangerous Precipes Rockes if not inextricable difficulties on either hand as might justly require not onely one person of the exquisitest judgement Heroicallest Spirit greatest experience deepest Policy absolutest abilities vastest knowledge in all kindes of Learnings States Governments and most exempt from all other imployments that might interrupt him in these kindes of Studies but even an whole Parliament or Oecumenicall Councell of the most experienced ablest learnedest wisest Statists in the Universe and many yeares most advised consideration exactly to ventilate and determine them Which consideration might have justly daunted yea quite deterred me the meanest of ten thousand furnished with no competent abilities and having scarce one vacant houre but what I have borrowed from my naturall rest to accomplish so vast an undertaking from this most difficult weighty publicke service sufficient to sinke the strongest Hercules if not Atlas himselfe the worlds supporter But yet the Goodnesse the Commonnesse of the Cause which concernes our whole three Kingdomes Parliaments Religion and every one of our well-beings in this present world the deare affection I beare to my native Country Religion Posterity Parliaments and your Honours the defect of other Advocates to plead this publicke Cause seconded with the private earnest intreaties which were as so many Commands to me of some Members of Your Honourable Assembly to undertake this weighty taske their authorizing my rude Collections for the Presse were such strong exciting ingagements to me to undertake this difficult imployment that I chose of two extreames rather to discover mine owne insufficiency in an impotent speedy discharge of this great service so farre transcending my weake indowments than to shew any want of sincerity or industry in deserting this grand Cause in a time of need It beeing one chiefe Article of my beliefe ever since I first read the Scriptures and Tullies Offices That I was principally born for my Countries good next to Gods glory involved in it Upon which ground I have ever bent all my Studies to promote it what I might though to my particular losse and disadvantage The sole end I aime at in these Treatises is the re-establishment of my bleeding expiring Countries endangered Liberties Priviledges Rights Lawes Religion the curing of her mortall wounds the restauration of her much desired Peace in truth and righteousnesse the supportation of Parliaments the onely Pillars Bulwarkes of our Church State Lawes Liberties Religion in their perfect lustre and full Soveraigne Authority the removall of those present grievances differences Warres arising principally from ignorant or wilfull mistakes of the Parliaments just Priviledges and the Kings due Prerogatives which threaten present ruine to them all for whose future prosperity security I could with Moses and Paul heartily wish my selfe to be blotted out of the Booke of life and to be accursed from Christ neither count I may life limbes liberties or any earthly comforts deare unto me so I may any wayes promote Gods glory and the publike welfare And certainely had the most of men in publike places but Heroicke publike Spirits as I make no doubt all Your Honours have byassed with no private Interests or base selfe-respects studying nothing but the common-good our present unnaturall warres would soone be determined our greatest differences easily reconciled our foraine Irish French Walloon Popish Forces brought in to cut our English Protestants and their Religions throats before our faces at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joyning with them easily expulsed our remaining Grievances speedily redressed our disordered Church Reformed our Pristine Peace and Prosperity restored yea entayled to us and our Posterities for ever whereas the private selfe-ends selfe-interests of some ambitious covetous malicious treacherous timerous publicke persons who serve no other Deity Majesty or
direction this observable Prayer somewhat altered by the now Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists To that end strenghthen the hand of our gracious King the Nobles and Magistrates of the Land with Iudgement Sâ—p justice to cut off these workers of iniquity the Papists whose Religion is rebellion whose faith is faction whose practise is murthering of Soules and bodies and to roote them out of the confines of this Kingdome I cannot but stand amazed yea utterly confounded in my selfe at the Impudency and Treachery of those pernicious Counsellors who in affront of all these Lawes and premises have issued out sundry Commissions under his Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of Armes and Munition but likewise to meete together armed and raise forces in the Field to fight against the Parliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declarations and Protestations to all his loving Subjects advanced them to places of great trust and command in his Majesties severall Armies procured them free accesse unto if not places of note about his sacred person as if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confided in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels and Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Protestant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath oft protested and we beleeve he will never doe But I desire these il counsellors of the worst edition to informe his Majesty or any rational creature how it is either probable or possible that an army of papists should secure his royall person Crowne Dignity or protect the Protestant Religion the Parliament or its Priviledges to all which they have shewed themselves most professed enemies We all know that Popish Recusants obstinaâ—ely refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The summe of which Oath is That they doe truly and sincerely acknowledge and professe That the Pope hath no authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to licence any of them to beare armes or raisetumults against him or to offer any violence or hurt to his royall Person State Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare faith and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest abjure as impious and hereticall this damnable Doctrine and position professedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Will those then who refuse to take this Oath or abjure this King-deposing King-killing Popish Doctrine harbouring a Sâ—eminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne Kingdomes Will those who so oft conspired the death and attempted the murthers of Queene Elizabeth and King Iames onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never imbrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England Can those prove really royall to his Majesty and his Royall Posterity who would have blowne up him and all his Royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if this onely be the reall quarrell as is speciously pretended Or will any of that Religion who within these three yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off their allegiance to their owne most Catholicke King to set up others of the same Religion in his Tribunall for their greater advantage put to their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken by the Parliament Certainly if the ground of this unnatural warre be such as these ill Counsellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants of all others both to King Kingdome Religion Parliament whose joynt destructions what ever these ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre as the proceedings in Ireland the introducing of foraine the raising of domestick Popish Forces the disarming of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath not blinded Now that I may evidence to these pernicious Counsellors and all the world how dangerous how unsafe it is to his Majesty to the Kingdome to put Armes into Papists hands and make use of them to protect the Kings person or Crowne I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That
assembled all together as well Nobles as ignoble and Offa most valiant young man being their Captaine they expelled him from the kingdome which done unanimi omnium consensu by the unanimous consent of all as well Clergy as People they Crowned Offa a King Ceolwulfe King of Mercia An. 820. after one yeares Reigne was for his misâ—â—vernment expulsed by his people abandoning his Crowne and Country for the â—afety of his life Edâ—â—yn King of Mercia and Northumberland for his Misgovernment Tyranny oppression following vaine base wicked Counsellors rejecting the advise of the Wisest and noblest person was by the unanimous consent of all his Subjects removed from all Kingly dignity and deposed in whose place Edgar was elected King An. 957. DEO DICTANTE annuente populo Not to mâ—ntion the story of Archigallo one of our ancient British Kings in times of Paganisme Who giving himselfe to all dissention and strise imagining causes against his Nobles to put them from their goods and dignities setting up ignoble persons in their places and plucking away by sinister wrongfull meanes from the rich their wealth and goods by which he enriched himselfe and impoverished his Subjects was for these his conditions murmured against by his Subjects who of one assent lastly tooke and deprived him of all Kingly honour and dignity when he had Reigned almost five yeares making his Brother Elidurus King of Britaine by one assent in the yeare of the world 4915. Who after five yeares good Reigne feigning himselfe sicke assembled the Barons of the Land and by his discreet words and bearing loving carriage Perswaded them to restore Archigallo to his former honour and regalty and thereupon assembling a Councell of his Britaines at Yorke caused such meanes to be made to the Commons that in conclusion he resigned his Crowne to Archigallo Who being thus restored to his Crowne by joynt consent of the people remembred well the evill life that before time he had led and the punishment hee had suffered for the same Wherefore for eschewing the like danger he changed all his old conditions and became a good and righteous man ministring to the people equity and justice and bare himselfe so nobly towards his Lords and Rulers that he was beloved and dread of all his Subjects and so continued during the terme of his naturall life Nor yet to remember Emerian another old British King who for misordering of his people was deposed by them in the sixth yeare of his reigne and Ydwallo promoted to the Kingdome who taught by Emerian his punishment behaved himselfe justly all the time of his reigne or any more such precedents before the Conquest We finde the Popish Barons Prelates and Commons disavowing King Iohn whom they had formerly elected King for making warre upon them and wasting burning and spoyling the Kingdome like an Enemy and electing Lewis of France for their King to whom they did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament Anno 1327. deposed King Edward the second their naturall King for his misgovernment and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclaiming all homage and fealty would elect some other for King not of his bloud whom themselves should think most fit and able to defend the kingdome After which they elected and crowned his son Edward the third for their King That Anno 1399. King Richard the second for sundry misdemeanours objected against him in 32. Articles in Parliament and breach of his Coronation Oath was judicially deposed by a Popish Parliament by a definitive sentence of deposition given against him which you may read at large in our Historians and Henry the fourth elected and created King in his stead In both which depositions the Popish Prelates were chiefe actors Anno 1462. King Henry the sixth Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and re-established in his kingdome and Edward the fourth declared a Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and re-established King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament Secondly our Popish Parliaments Peeres and Prelates have oft translated the Crown from the right heires setled it on others who had no lawful right or title to it electing and acknowledging them for their onely Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after Edgars decease An. 975. Their electing and Crowning Canutus King a meere forrainer in opposition to Edmund the right heire to King Ethelred Anno 1016. Of Harold and Hardiknute both elected and crowned Kings successively without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned aâ—d tortured to death Anno 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilities upon the death of King Harold enacted That none of the Danish bloud should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert the elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King by the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their owne liking upon faire promises for reforming bad and rigorous Lawes remission of Taxes exacted on the Subjects and punishment of the chiefe causers of them and a solemne Oath to frame good Lawes and ratifie Saint Edwards Lawes all which he really performed So after the death of Richard the first Iohn Earle of Morton was established and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was elected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third made Kings by Acts of Parliament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles by way of usurpation and the right
subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a King cannot doe any thing else in earth seeing he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Poâ—itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects â—ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and among other Priviledges this is the highest that it is above the Law it selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people Yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince he bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as Bracton and others forecited say our English King hath namely his Earles and Lords thence stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or
of the People he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Politique King inferiour to their Lawes and Parliaments the sole Law-makers Law-alterers though not against but with the Kings assent considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeed to speake impartially though the Kings Royall assent be generally requisite to passe and retifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posterity rests not in the Kings owne Royall person or Jurisdiction but in the Kingdome and Parliament which represents it For first admit the King should propound any Lawes to his people as Kings and Law-givers usually did at first yet these Lawes would not wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the King willed them but because the people gave their generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c. The Kings Coronation Oath Quas vulgus Elegerit and all our Law-bookes resolve and that upon this received Maxime of Law Quod omnes tangit ab omnibus debet approbari Hence Marius Salamonius defines a Law to be Expressa Civium Conventio and averres that Ligatur populus suis legibus quasi pactis conventis quae verae sunt Leges And he likewise proves at large That the Lawes to which Princes assent are more the Peoples Lawes than the Kings because Kings doe passe and grant them but as the publicke Ministers of the people and by their command and direction and they could neither assent to Lawes nor doe any other Act of Royalty unlesse the people had given them such authority with which Fortescue concurres c. 9. 13 14. The King in passing Bils doth but like the Minister in Marriage declare it to be a Law but it is the parties consents which makes the Marriage and the peoples onely that makes it a Law to binde them whence those in Scotland Ireland Man Garnsey and Iersie are not bound by our English Statutes nor Tenants in Ancient Demesne as hath beene oft times judged because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses of Parliament not in the King as it was in the Roman State where the people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them not their Kings Emperours or Senate as I shall hereafter manifest Secondly This appeares by the case of Customes of By-Lawes in Corporations and Manours which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of their mutuall assents alone and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents onely so doe all publicke Acts of Parliaments obliege all Subjects onely because of their generall assents to them in their Knights Citizens and Burgesses elected by and representing their persons Thirdly all Bills or Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his Royall assent And when they are thus agreed on by both Houses the King cannot alter any one word or letter in them as the Houses may doe but must either absolutely asâ—ent to or consider further of them And if the King send any Bill he desires to have passe it must be thrice read and assented to in both Houses which have power to reject alter enlarge or limit it as they thinke meete else it can be no Act at all A cleare Demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the King who by his Writ doth purposely summon them to meete and enact Lawes as the chiefe Legislators Witnesse this notable clause in the Writ for the Election of Knights and Burgesses Ita quodiidem Milites plenam sufficientem Potestatem pro SE COMMUNITATE Comitatus praedicti dicti Cives Burgenses pro SE COMMUNITATE Civitatum Burgorum praedictorum divisim ab ipsis habeant AD FACIENDUM ET CONSENTIENDUM HIS quae tunc ibidem DE COMMUNI CONSILIO DICTI REGNI not Regis nostri contigerint ORDINARI super negotiis antedictis Ita quod PRO DEFECTU POTESTATIS HUJUSMODI c. dicta negotia INFECTA NON REMANEANT quovis modo answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius about An. 185. Ex illis Dei gratia PER CONSILIUM REGNI VESTRI SUME LEGEM per illam Dei potentia vestrum reges Britania regnum Fourthly all publicke Acts are the whole Kingdomes Lawes not Kings alone made principally and solely for the Subjects benefit if good their prejudice if ill therefore the whole Kingdome represented in and by both Houses not the King knowing much better what is good or bad for themselves than the King alone it is just and reasonable that they and not the King should be the principall Law-makers to binde or burthen themselves with any new Lawes penalties or restraints This is the ground of that notable Rescript of the Emperour Theodosius to the Roman Senate which proves the Roman Emperours to have no right nor power to declare or make Lawes but by the Senates concurring assent and approbation Humanum esse probamus si quid de caetero in publica privatave causa emerser it necessarium quod formam generalem antiquis Legibus non insertum exposeat id AB OMNIBUS autem tam Proceribus nostri Palatii quam gloriosissimo caetu vestro Patros conscripti tractari si UNIVERSIS tam Iudicibus quam VOBIS placuerit tunc legata dictari sic ea denuo COLLECTIS OMNIBUS recenseri CUM OMNES CONSENSERINT tunc demum in sacro nostri numinis consistorio recitari ut UNIVERSORUM CONSENSUS nostrae Serenitatis authoritate firmetur Scitote igitur Patres conscripti NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata Bene enim
of conquest I would disinherit any man of his heritage franchise or other rights that he ought to have of right nor for to put him out of that which he now enjoyeth and hath hâ—d before time by custome of good Law of this Realm except such private persons as have beene against the good purpose and the common profit of the Realme And this speech thus finished all Sheriffs and other Officers were put in their Authorities which season for the time that the Kings Sea was void and after every man departed And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth And upon the morrow following being wednesday and the first of October the Procurators abovenamed went unto the Tower of London and there certified Richard of the admission of King Henry And the foresaid Justice William Thyrning in the name of the other and for all the States of the land gave up unto Richard late King all homage and fealty unto him before him due in like manner and forme as before I have shewed to you in the deposition of King Edward the second And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell and such unlawfull wayes and meanes as he by his insolency in his Realme suffered to be used when he had reigned two and twenty yeers three moneths and eight dayes So Fabian and others verbatim Those Parliaments then and Nationall Assemblies which have thus disposed of the Crown and Kings themselves and exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power True it is our Protestant Pâ—eres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will not doe it However it is neither honourable nor safe for Kings and the most destructive policy their ill Counsellors can suggest unto them so farre to oppresse their Subjects or exasperate their Parliaments as to provoke them to use the extremity of their Soveraigne power and revive dead sleeping Presidents for their reliefe The consideration whereof when they were fresh made succeeding Kings more just and moderate in their governments and reclaimed many vitious oppressing Princes as Archigallo and others witnesse We know what Solomon saith Surely oppression maketh a wise man mad and if Kings or their evill Instruments shall so far mad their Subjects and Parliaments either by oppressions rapines misgovernment destroying making warre upon them or putting them out of their protections as to make them cry out as they did against King Iohn Iohannes factus est de Rege Tyrannus imo de homine in bestialem prorumpens feritatem Vae tibi Iohanni Regum ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata amplius vastanda c. Whereupon presently ensâ—ed a Nolumus hunc regnare Tandemque decretum est ut aliquem potentem in Regem eligerent per quem possint ad possessiones pristinas revocari eradextes quod nullus Iohanne peier vel durior pâ—ssit dominari tale miserabile statuentes argumentum Fortuna miserrima tuta est Nam timor eventus deterioris abest Cumque aliquandiu quem eligerent haesitassent demum in hoc pariter consenserunt ut Ludovicum filium Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimarent Which they did to King Johns their own and the whole Kingdomes great prejudice We know what the ill advise of Rehoboams rough evill Counsellours produced 2 Chron. 10. And the King answered the people roughly after the advice of the young men saying My father made your yoake heavy but I will adde thereto my father chastised you with whips but I will chastise you with scorpions And when all Israel saw that the King would not hearken unto them the people answered the King though some say he came to the Crown by succession saying What portion have we in David and we have none inheritance in the Sonne of Iesse every man to your Tents O Israel and now David see to thine owne house So all Israel went to their Tents and elected Ieroboam for their King and fell away from the house of David to this day being never after united to it but continuing a distinct Kingdome from it This grosse impoliticke maxime of ambitious Princes now so much cryed up and prosecuted Aut Caesar aut Nullus hath utterly unkinged ruined hundreds of Kings and Emperours with their families and deprived them not onely of their Crownes but lives as it did Caesar himselfe with many of his successors whose tragicall ends should deter all other Princes from their destructive aspiring tyrannous counsels courses maximes Wherefore the best policy Kings can use to perpetutate their Thrones to them and their posterity is to treate their subjects so as may win their hearts and affections and not to straine their pretended prerogatives beyond the bounds of Law this being a most certaine experimented rule which Aristotle the Prince of politicians gives That there are two intestine causes most perilous and frequent of all others by which a Kingdome is usually lost and subverted The first is if the Nobles and people dissent from the King himselfe The second if Kings will reigne tyrannically and usurpe a greater domination or prerogative then the Lawes of their Kingdomes give them Then he addes Verily a kingdome is preserved by contrary remedies specially by a moderate kinde and temperate forme of Government For by how much the mâ—re moderate the King shall be and contented with smaller and fewer prerogatives by somuch the more constant and longer-lasting shall his kingdome necessâ—rily be For by this meanes it recedes farther from the domination of Tyrants and it comes nearer to the equability of manners and humanity of life and is lesse envyed by His subjects which he proves by the notable speech and example of King Theopompus And indeed this is the principall policy which God himselfe hath prescribed a King to prolong his dayes in his Kingdome he and his children after him to keepe all the words of this Law and those Statutes to doe them that is to governe himselfe and his subiects onely by Law not power to doe justice and judgement avoid oppression not to lift up his heart above his brethren as if they were his vassals and not men not Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Iuris sicut Dei vicarius Minister in terra quia illa potestas SOLIUS Dei est potestas autem injuriae Diaboli non dei cujus horum operum fecerit Rex ejus Minister erit cujus opeâ—a fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by competitors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxford who gave their voyces to Harold there present and presently proclaymed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the kingdome In the 8. and 25. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings of England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
of those who obey or execute them as is clearly resolved not onely by 42. Ass. p. 5. 12. Brooke Commissions 15. 16. Cooke l. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expresly adjudged and enacted by the Statutes of 15 E. 3. 81. 1. c. 1. 3. 42. E 3. c. 1. 3. 11 R. 2. c. 1. to 6. 21 Iac. c. 3. the Petition of Right 3 Caroli 28. E. 2. Artic. super Chartas c. 2. 4 E. 3. c. 4. 5 E. 3. c. 2. 25 E. 3. c. 1. 15. 34 E. 3. c. 2. and generally by all Statutes concerning Purveyors by the memorable old Statute of 15 E. 3. Stat. 1 If any Minister of the King or any other person of what condition soever be be do or come against any point of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the partie AS FAR FORTH WHERE IT WAS DONE BY COMMISSION OR COMMANDMENT OF THE KING as of his own authority And by that parallel good Law recorded by Fabian made in Parliament in the fiâ—st yeer of King Henry the fourth That no Lord nor other person of no degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying That for fear they durst not otherwise do for such excuse after this day SHALL STAND HIM IN NO STEAD And in this Parliament Hall was judged to be drawn from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed onely because he was one of those who secretly murthered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command for his good service done in Parliament in 10 11. of this King and likewise the Dukes of Aumarl Surrey Exeter with other Noble-men were deprived of their Dukedoms of most of their Lands Castles Honours for having a finger in this Dukes suffocation and death by King Richards instigation and command and had lost their heads too if the common people had been their Judges who murmured against King Henry for sparing their lives as you may read in Walsingham and Speed If these then who murthered but one good Peer of the Realm by the Kings speciall command for his good service done in former Parliaments after an illegall judgement of high Treason given against him were thus hanged quartered degraded as Traytors by a solemn Judgement in Parliament how severe a censure may they expect who without and before any such conviction or sentence have taken up offensive Arms to murther and destroy the Parliament it self and chiefe Members of it as Traitors and caused them or any of them illegally to be proclaimed Traitors the more colourably to wage War against them All which I would advise His Majesties Captains Cavalliers and ill Counsellors to consider The rather because all levying of War either against the King or against the Kingdom and Parliament now made a matter of high Treason on both sides must and ought to be determined and resolved which of them is high Treason and which not and the paâ—ties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Iudges as is punctually resolved by the severall Statutes of 11 R. 2. c. 1. 2. 3. 4. 21 R. 2. c. 2. 3. 4. 12. 20. 8 H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now in Arms are Traitors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traitors in this case and those who by the Kings meer personall command and presence whom they have treacherously withdrawn from his Parliament fight now both against Parliament and King in his legall and regall capacitie when the time of triall comes will be found reall Traytors both to King and Kingdom what ever their own ignorance temporizing Lawyers or hopes of prevailing may now suggest unto them as the Parliament hath already declared them in sundry Remonstrances In the Parliament of 15 E. 2. the two Spensers were by a speciall Act of Parliament adjudged Traitors banished and their lands and goods confiscated for miscounselling this King and advising him to ride with armed Troops of horses and men into Glocestershire to assault the good people there and to levie war within the Realm to the destruction of the Church and people contrary to the form of the great Charter and breach of the peace of the Realm What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied war not onely against the County of Glocâ—ster which they have pitifully harrowed and spoiled contrary to all Law sacking Cicester to its utter ruine and leading away the good people thence captives to Oxford in triumph for the most part barefooted through dirt and mire in the cold Winter season chained together in ropes more like to Turkish Gallystaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law and justifie the killing of all those who shall violently assault them or their houses to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all who would give it to them many of them being since dead at Oxford of famine and more then barbarous usage but likewise against most Counties and many Towns of England miserably wasted sacked pillaged and some in cold blood burned by them and the whole Kingdom Parliament yea King himself in his politick Capacitie and raised an Army of Papists against expresse late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soul abhors to think of have lately in a most impious manner Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Books in Iohn Hamonds house a Bookseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since burned divers English Bibles with other good Books in the publike Market place at Reading under the very Gallows in detestation of our Protestant Faith whose utter extirpation is their chief designe Certainly if these ill Councellers or murdering
to recede from his Oath whereupon they reseised these Castles for their safety About Midsommer the Barons drawing neare to London sent a Letter to the Mayor and Aldermen requiring to know of them Whether they would observe and maintaine the Statutes made at Oxford or not or aide and assist suâ—h persons as intended the breach of the same and sent unto them a Copy of the said Acts with a proviso that if there were any of them that should seeme to be hurtfull to the Realme or Commonweale of the same that they then by discreet persons of the land should be altered and amended Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons Then the King intending to know the minde of the City asked the Mayor What he thought of those Acts who abashed with that question besought the King That he might commune with his Brethrâ—n the Aldermen and then he wâ—uld declare unto him both his and their opinions But the King said He would heare his advice without more Counsell Then the Mayor boldly said That before times he with his Brethren and commonalty of the City by his commandement were sworne to maintaine all Acts made to the honour of God to the faith of the King and profit of the Realme which Oath by his license and most gracious favour they intended to observe and keepe And moreover to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City they would avoyd all aliens and strangers out of it as they soone after did if his Grace were so contented With which Answer the King seemed to bee pleased so that the Mayor with his favour departed and he and the Citizens sent answer to the Barons that they condescended to those acts binding themselves thereunto under the publike Seale of London their Liberties alwayes upholded and saved Then the Barons entred the City and shortly after the King with his Queene and other of his Counsaile returned to Westminster Anno 1264. the 48. of Henry the third the King made his peace with the Barons then in Armes upon these termes That ALL THE CASTLES OF THE KING throughout England should be delivered TO THE KEEPING OF THE BARONS the Provisions of Oxford be inviolably observed and all Strangers by â— certaine time avoyded the kingdome except such as by a generall consent should be held faithfull and profitable for the same Whereupon the Barons tooke possession of most of the Castles by agreement or violence where they found resistance as they did in many places And by the CONSENT of THE KING and BARONS Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower This done at London the Barons departed to Windsor to see the guiding of that Castle where they put out those aliens whom Sir Edward the Kings Sonne had before put in and put other Officers in their places spoyling them of such goods as they had Who complaining thereof to the King he put them off for that season After which they re-seised Dover Castle and made Richard de Gray a valiant and faithfull man Constable of it who searching all passengers that came thither very strictly found great store of Treasure which was to be secretly conveyed to the Poictovines which he seised and it was imployed by the Barons appointment upon the profitable uses of the Realme The yeare following the Commons of London chose Thomas Fitz-Thomas for their Mayor and without consent of the Aldermen sware him at the Guild-hall without presenting him the next day to the King or Barons of the Exchequer For which the King was grievously discontented and being advertised that the Citizens tooke part with the Barons caused his Sonne Edward to take the Castle of Winsor by a traine to which the King and Lords of his party repaired And the other Lords and Knights with great Forces drew towards London but by mediation of friends there was a peace concluded and the differences were referred to the French King and his PARLIAMENT as Andrew Favine records out of Rishanger to end Who giving expresse sentence that all the Acts of Oxenford should from thenceforth be utterly forborne and annulled The Barons discontented with this partiall sentence departed into the Marches of Wales where raising Forces they seised on many Townes and Castles of the Kings and Prince Edward going against them was sore distressed and almost taken Hereupon to end these differences a new Parliament was appointed at Oxford which tooke no effect Because when the King had yeelded the Statutes of Oxford should stand the Queene was as utterly against it whose opposition in this point being knowne to the Londoners the baser sort of people were so enraged that she being to shoot the Bridge from the Tower towards Winsor they with darts stones and villanous words forced her to returne After which the Lords sending a Letter to the King to beseech him not to beleeve the ill reports of some evill Counsellors about him touching their loyalty and honest intentions were answered with two Letters of defiance Upon which ensued the bloody battle of Lewis in Sussex in which the King and his Sonne with 25. Barons and Baronets were taken prisoners twenty thousand of the Commons slaine Richard King of Romans the Kings Brother was likewise taken prisoner in this Battle who a little before comming over into England with some Forces to ayde his Brother the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea and sent horse and foot to withstand him by Land if he arrived Which Richard having intelligence of disbanded his Forces and sent word to the Barons that he would take an Oath to observe the Articles and Statutes made at Oxenford whereupon he was permitted to land at Dover with a small Traine whither King Henry went to meeâ— him But the Barons would not suffer this King nor any of his Traine to enter into Dover Castle because he had not taken his Oath to observe the foresaid Statutes nor yet the King of England to goe into it for feare of surprisall because it was the principall Bulwarke of England the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger Neither would they permit King Richard to goe on towards London till he had taken the Oath forementioned After this battle all the prisoners were sent to severall prisons except the two Kings and Prince Edward whom the Barons brought with them to London where a new Grant was made by the King that the said Statutes shoâ—ld stand in strength and if any were thought unreasonable they to be amended by foure Noblemen of the Realme and if they could not agree then the Earle of Angiou and Duke of Burgoin to be Iudges of the matter And this to be firmely holden
and obeyed by both the Kings who granted that both their Sonnes and Heires should remaine as Prisoners and Hostages with the Barons till all things were finished according to this agreement Upon which a Peace was proclaimed in London betweene the King and his Barons Then it was agreed by the King that for his more surety and the weale of the Land the Earle of Leycester should be resient in his Court Upon which agreement many of the Prisoners were set at large In the meane while before the battaile of Lewis the Queene and King of Romans had sent over-sea for Souldiers to ayde the King against the Barons which now were come in great number unto Dover and there hovered on the Sea to have landed Whereof the Barons hearing they sent the King of Romans as Prisoner to Baâ—khamsted untill the said Almaines were returned and caused King Henry with a great power to ride to Dover and force the said Host of strangers to returne unto their Countries After which by the counsell of the Lords a Parliament was agreed and held at Westminster wherein a generall Pardon was granted to all Lords and their adherents for any matter of displeasure done to the King or his Sonne Prince Edward before that day which to uphold the King and he tooke a solemne Oath before the Lords and it was further agreed That the Prince should reside in the Kings Court and not depart thence without license of the King and of certaine Barons Then were many instruments and bonds made by the King and Prince for the performance of sundry Covenants betweene the King and Barons which shortly after tooke small effect and begat new warres this Kings fresh breaches of Oathes and promises procuring him alwayes new insurrections and forced Parliaments which the Barons constrained him to call and hold against his will How the Lords and Parliament oft seised upon the Castles Forts Ammunition in King Edward the second and Richard the seconds Reignes when differences grew betweene them I have already in part remembred and you may read the residue in the Histories of their lives In the 33. yeare of King Henry the sixth his Reigne the valiant Earle of Warwicke was made Captaine of Calice by the Parliament a place of great honour and trust in those dayes by vertue whereof all the warlike affaires and businesse rested principally in the Earle of Warwicke After which the Queene an ambitious stirring woman to breake the peace newly made and ratified by oath betweene the King Lords and Duke of Yorke created Lord Protector by the Parliament caused a fray to be made on the Earle men which produced a warre and bloody battle wherein the Earle gained the field Whereupon the King displeased with the Earle by his Letters Patents graâ—ted the Captainship of Caleyes to Iohn Duke of Summerset who going over to Caleyes in the 38. yeare of King Henry to take possession of his place shewed his Patent to the Earle who refused to resigne his place answering that he was put into it by the Parliament and so could not be outed of it but by Parliament and kept the Duke forth of the Towne who being thus expelled from his office after some skirmishes with the Earles Garrison wherein the Duke had the worst hee sent over to the King and Queene for ayde in defence of this quarrell whereupon they provided 400. warlike persons to passe the Seas for his ayde and ships to transport them who lying at Sandwich for a winde the Earle of Warwicke being therewith acquainted sent Iohn Dingham a valiant Esquire with a small number of men but a multitude of couragious hearts to Sandwich who suddainly entred the same tooke the Lord Rivers and his Sonne who commanded those Souldiers in their beds pillaged some houses and ships and besides this tooke the principall ships of the Kings Navy then lying at the Port well furnished with ordnance and artillery through the favour of the Mariners who favoured the Earle most and brought the royall ships loaden with booty and prisoners to Caleyes With these ships the Earle after passed to the Duke of Yorke into Ireland and afterwards into England where the Duke of Yorke in full Parliament laid claime to the Crowne which his Sonne after obtained deposing King Henry as having no lawfull Title thereunto I recite not this Story to justifie all particulars of it but onely to prove That the Parliament in those times had the conferring of Captaines places of greatest trust who had the command of the Militia and that as this Earle in policy onely for his owne safety seised on the Kings royall ships and Ammunition in which he had no right so by the same reason the Parliament may dispose of such places of Military trust in these times of danger and of the Navy and Ammunition of the kingdome in which they have a reall interest for the kingdomes safety and their owne A Sheriffe Iustice Constable and other Officers by the Common and Statute Law of the Land may and ought to disarme and seise any mans weapons whatsoever and imprison his person for a time when by act or apparent intention onely he shall but disturbe the peace or make any Fray Rout or Riot to the annoyance of the people till the tumult and danger be past and the peace secured Much more then may the highest Soveraigne Court of Parliament seise the Forts Armes Navy Ammunition of the Realme in which they have reall interest and secure them for a season to preserve the whole kingdomes Peace and prevent a civill Warre without any injury to his Majesty till all feares of warre and danger be removed Not to trouble you long with forraine histories of this Nature in the Roman state the chiefe power of making warre or peace of ordering of the Militia and disposing of the custody of Castles Forts Ammunition was in the Senate and people not the King or Emperour as it is in Germany and most forraine States and kingdomes at this day without any diminution to those Kings and Princes just prerogatives It is the determination of the prime Politician Aristotle seconded by Iohn Mariana and others that in lawfull kingdoms the chiefe strength power of the Militia ought to reside in the kingdomes hands not Kings who ought to have onely such a moderate power and guard of men as may suffice to suppresse riots and maintaine the Authority of the Lawes but not so great a force as may master all his kingdome lest he become a tyrant and his Subjects slaves In the kingdome of Arragon in Spaine as I read in Hieronymus Blanca there is a notable fundamentall antient Law made about the yeare of Christ 842. by their Suprarbiense Forum now commonly stiled Iustitia Arrogoniae during the Interregnum to preserve their Countries Liberties to keepe their Kings power within due bounds of royalty and prevent a tyranny with divers other Lawes of this nature which their Kings solemnly
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 Magâ—a Charta and other good Lawes immediately after their making and ratification with solemnest Oathes and excommunications both in King Eâ—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 mâ—intaâ—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 nevâ—r realy consented to the making of such Statutes but as then it beloved Vs WEE DISSEMBLED IN THE PREMISES by Protestations of râ—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 expâ—dition in discord dissolved and so our earnest busiâ—sse had likely beeâ—e which God prâ—ohibit iâ—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 Eaâ—â—s Barons and other wise men with whâ—m wee have treated thereupon 〈…〉 should be voide and ought not to have the Name nor Strength of a Statute And therefoâ—e by their Counsell and Assâ—nâ— 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 wâ— 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 Sâ—ablishing of these Laweâ— 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 â—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 withâ—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 Subiecâ—â— 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 tâ—â— 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 〈…〉
of divers Malignants about the King who will challenge all places of trust from his Majestie as just reward for their faithfull service as they did in Henry the 〈◊〉 this raigne when Mathew Paris complained and the whole Kingdomâ— with him in this manner Iudicia 〈◊〉 injustis leges exlegibus 〈…〉 c. Who when they have all power and offices shared among them will be apt to meditate and act revenge on the primest of their Parliamentary Opposites to oppresse and fleece the Subjects to repaire their losses their expences in this warre or their poore decayed fortunes All these with other such like probable subsequent considerations may iustly plead the inconvenience and great danger to Parliament and Kingdome to make an absolute present surrender of the Militia Forts Navie ammunition into such untrusty hands as are likely to turne them all against them and to prooue mischeivous if not pernicious unto both for the premised reasons Pestifera vis est valere ad nâ—cendum especially if it be in Malignant hands And here to avoyd all misinterpretations of this impartiall discourse I seriously protest that as I heartily desire and constantly endeavour a speedy safe cordiall vnion between King Parliament People so have I most unwillingly been necessitated to repeat the premised objections much feared designes and experimentall contradictions betweene many late Protestations and actions frequent in Parliamentary Declarations new printed Pamphlets and most mens mouthes not out of any disloyall seditious intention as some will maliciously mis-conster it to staine his Maiesties Reputation with his people and make the breach betweene them incurable that they may never trust one another more but onely faithfully to demonstrate to his Highnesse and all about him the great disservice and impoliticke pernicious advise of those ill Counsellors who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words as have given both Parliament and people a more then colourable if not iust occasion to distrust his Maiesties gracious words and promises for the present till they shall visibly discerne them more punctually observed and reallized for the future and made them so unhappy on the one hand that now they dare not trust his Majesty so farre forth as they desire out of a provident care of their owne future security and His Highnesse so unfortunate on the other hand as to grow jealous of their Loyalties because they will not conside in his Royall Faith and Protestations so farre as he expects out of a care to preserue his owne Kingly Honour In this unhappy diffidence occasioned onely by His Majesties cvill Counsell betweene King and Kingdome a reall future renouncing of all forenamed suspected designes and actuall performance of all Regall promises will be the onely meanes to cure all Ielousies banish all feares remove all diffidences and beget an assured trust firme peace and lasting unity between King and Subjects to their mutuall unexpressible felicity which I shall dayly imprecate the God of Peace speedily to accomplish But to returne to the matter in hand Secondly It is conceived by many indifferent men to be farre more reasonable and safe both for King and Kingdome as things now stand that the Miliâ—ia Ports c. till our feares and jealousies be quite removed should remaine in the Parliaments hands then in the Kings alone which they thus demonstrate First Because all these are the Kingdomes in right property use not the Kings Who being but the Kingdomes Royall publicke Servant may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdome for a reason then detaine them from them when they require it Secondly Because the Parliament is the Superiour Soveraigne power the King but the Ministeriall and it is more rationall and just that the inferiour should condiscend to the greater Power the Ministeriall to those hee serves then they to him Thirdly Many men of Honour and fidelity are more to be trusted and credited then any one man whatsoever because not so mutable so subâ—ect to seduction corruption errour or selfe-ends as one or very few This is the true reason there are many Iudges in all Courts of Iustice most select Members in the highest Court of all the Parliament as there was in the Roman Senate in Foraigne Parliaments in Nationall and Generall Councels because Courts of greatest trust and power many being more trusty and juditious then one or a few Whence Solomâ—n doubles this resolution In the multude of Counsellors there is safety yea two saith hee are better then one in point of trust whence wise men of great estates make many 〈◊〉 or Executors and seldome doe cofide in one alone The Parliament therfore being many and the King but one are most to be confided in by the Kingdome Fourthly Kings have frequently broke their Faith and Trust with their Parliaments and Kingdomes Parliaments seldome or never violated their trust to King or Kingdome therefore it s more just lesse dangerous for King and Kingdome to trust the Parliament then the King Fiftly The Parliament is elective consisting for the most part of the principall men in every County City Burrough in whom the people who elected them most confide The King successive not Elective Therefore not so much confided in by the Kingdome as the Parliament Sixtly The Parliament being the great Counsell both of King and Kingdome consisting of the ablest men of all Counties is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety then the King alone without their advise Seventhly The Parliament heretofore hath elected the greatest Officers of the Kingdome yea the King himselfe when the Title to the Crowne hath been doubtfull the inheritance and discent whereof hath in all or most Princes raignes beene constantly guided and setled by the Parliament as I have formerly proved because it most concernes the weal or woe the peace safety of the Realme to have trusty Officers Therefore by the selfe-same reason they should for the present appoint all Officers for the custody and ordering of the Premises Eightly The Kings trusting the Parliament with these things for a convenient time wil be the only meanes to remove the peoples feares prevent their dangers quiet their mindes beget a perfect vnity and amity between King Parliament Subject and prevent all future differences whereas the present resigning of them to his Majesties trust and power will but augment their jealousies feares dangers discontents and neither pacifie former differences nor prevent future but rather perpetuate and beget them especially if any notorious Papists Malignants the likeliest men to be imployed vnder his Maiesty be trusted with any of the premises which will endanger both Liberties and Religion of which there will be no feare at all if the Parliament and such as they shall nominate be the onely Trustees In fine If neither King nor
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
reasons for it as satisfied both Howses witnes their answers to infinite Petitions yet extant among the Parliament records Therefore the King now is as much obliged thereto as they Seventhly If the King in point of law should have an absolute negative voice in denying his assent to publike Bills of meere right and justice then he should have power by law to deny justice and right and to doe wrong and iniustice to his people a prerogative which neither God himselfe nor any lawfull Monarch ever yet chalenged but renounced with greatest detestation I read in Plutarch that when a flatterer said to king Antigonus that all things were honest and iust to Kings he answered only indeed to Kings of Barbarians but to us honest things are to be accounted for honest only just things for just And that Acrotatus gave the like answer to his parents when they pressed him to do an uniust thing Quoâ—iam vult is me optima agâ—re optimuÌ„ auteâ—â— est cum privato tum multo etiaÌ„ magis Principiid quod est justum agam quâ—â—ultis quae viro dicitis detrectabo Yea our law expresly denies the king any such uniust prerogative by these unquestionable maximes the King neither can nor ought by law to do any wrong seeing he is Gods Vicar and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE which our law-books make no defect of power but one of the highest branches of the Kings Prerogative for confirmation whereof I shal only cite one notable Record 7. H. 4. Rot. Parl. Num. 59. The Commons complained that by the favour of Ordinaries divers incumbents were outed of their benefices by superinstitutions upon presentations of the King contrary to the statute in that case provided and were denied a Scire faciâ—s without a speciall licence or command of the King first obtained to the great offence of God and against reason and law BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE Wherefore they petitioned the King that he would be pleased to grant and command the Chancellor to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties and further to doe right to the parties without suing to the King and without other warrant from him To which the King gives this answer The King wills that the said statute bee firmly held and kepe and farther willeth and granteth that if hee presents to any benefice which shall bee full of any Incumbext that the Presentee of the King shall not bee received by the Ordinary to such a benefice untill the King hath recovered his presentment by processe of Law in his owne Court and if any Presentee of the King bee otherwise received and the Incumbent outed without due Processe as aforesaid the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee or later And further the King wills that no ratification granted for the Incumbent after that the King hath presented and taken his sute shall bee allowed pending the plea nor after the judgement given for the King but that such judgement shall bee fully executed as reason demands Lâ—e here the Commons and Parliament affirme and the King himselfe subscribes thereto That the King neither hath nor yet can have any Prerogative at all which is derogative or any impediment at all in the execution of Right and Justice and disclaime a negative voyce or power in him in granting a scire facias to particular Incumbents unduly outed of their Living by a pretended prerogative power against Reason and Law Therefore à fortiori the King by his prerogative neither hath nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses for the due execution of right and iustice and the weale peace or safety of the whole Kingdome That speech of King Zedâ—kiaâ— to his Princes though in a bad case is an undoubted verity here Behold he is in your hands FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU and likewise of King David to his people 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO In one word as it is no impotency in God but a part of his owne divine prerogative that he cannot possibly ly that he cannot deny himself that he is immutable and changeth not that he cannot do injustice And as it was the Apostles highest priviledge 2 â—or 13. 8. We can do nothing against the truth but for the truth So it is no note of impotency but of highest Soveraignty in our Kings that in all Bills of publike Right and Common Iustice they have no Negative voice or power at all to withstand or deny their passing for then they should have a prerogative to deny common Right and Iustice and so to doe publike injustice which God himselfe whose vicegerents they are is uncapable of and never derived to them I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar which he somtimes used at Rome in the Councell-house Touching all other affaires that are to be taken in hand for your sake I am both your Consul and your Dictator but as touching any wrong to be done to any man I am as a private man without office Eighthly Our Kings have ever claimed this as an absolute duty from their subjects in Parliament to grant them such speedy free and competent ayds subsidies customes for the necessary defence of themselves and the Kingdome and support of their royall estates as the urgency of their publike warres and affaires required and the subjects though they have sometimes denied subsidies to their Princes upon reasonable causes and excuses alleadged by them expressed in our Historians yet have always held it their BOUNDEN DUTY to grant such ayds in Parliament when and sometimes before they have been required and have really done it without refusall when they saw just cause to grant them as all the old and new Acts for the grant of Customes Subsidies Dismes Quindismes Tonnage and Poundage Polemoney with other such aides in all our Kings-Reignes abundantly evidence Therefore the King who is as much obliged by oath and duty to aid his subjects and provide for their common protection weale peace ease as they are to provide for His and the Kingdomes safety is by like reason as much obliged in duty not to deny them such publike Acts as they are not to deny him such publike aides Ninthly Kingdomes and Commonweales were existent before Kings for there must be
the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelrâ—d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now â—each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Aristâ—tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiodâ—r cited by it Iohn 〈◊〉 Iâ—hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton Fâ—â—ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull Tâ—xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plundâ—r â—aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Baâ—tâ—ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nascâ—nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more
our Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spainte and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor upon their sollicitation If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppressions of their kings as the Barons in King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie and those Princes in such cases may justly kill depose or judicially condemne these oppressing Kings and put them to death I conceive these whole kingdomes and Parliaments may with farre better reason lesse danger and greater safety to themselvs their Kings and Realmes take up defensive Armes of their owne to repulse their violence For if they may lawfully helpe themselves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them nor particular interest in the differences betweene their kings and them which can hardly be effected without subjecting themselves to a forraigne power the death or deposition of the oppressing King much more may they defend and releeve themselves against him by their owne domesticke Forces if they be able by generall consent of the Realme because they have a particular interest and ingagement to defend their owne persons estates liberties which forraigners want and by such domesticke Forces may prevent a forraigne subjection preserve the life of the oppressing Prince and succession of the Crowne in the hereditary line which forraigne Armies most commonly endanger And certainely it is all one in point of Reason State Law Conscience for Subjects to relieve themselves and make a defensive warre against their Soveraigne by forraigne Princes Armes as by their owne and if the first be just and lawfull as all men generally grant without contradiction and Bractâ—n to l. 2. c. 16. I see no colour but the latter must bee just and lawfull too yea then the first rather because lesse dangerous lesse inconvenient to King and Kingdome From Reasons I shall next proceed to punctuall Authorities Not to mention our ancient Brittons taking up of armes by joint consent against their oppressing tyrannizing Kings Aâ—chigallo Emerian and Vortigern whom they both expelled and deposed for their tyranny and mis-govenment nor our Saxoâ—s rayâ—sing defensive Forces against King Sigebert Osred Ethelred Beornard Ceolwulfe and Edwyn who were forcibly expelled and deprived by their Subjects for their bloody cruelties and oppressions which actions the whole Kingdome then and those Historians who recorded them since reputed just and honourable and no Treasonor Râ—bellion in Law or Conscience being for the Kingdomes necessary preservation and the peoples just defence which Histories I have elsewhere more largely related Nor yet to insist long on the fore-mentioned Barons warre against king Iohn and Henry the 3d. for regaining establishing preserving Magna Chaâ—ta and other Liberties of the Realme which our Kings had almost utterly deprived them off I shall onely give you some few briefe observations touching these warres to cleare them from those blacke aspersions of Rebellion Treason and the like which some late Historians especially Iohn Speed to flatter those Kings to whom they Dedicated their Histories have cast upon them contrary to the judgement of our ancienter Choniclers and Matthew Paris who generally repute them lawfull and honourable First then consider what opinion the Prelates Barons and Kingdome in generall had of these Warres at first Anno 1â—14 in a Parliament held at Pauls the 16. yeare of King Iohns raigne Steven Langton Archbishop of Canterbury produced a Charter of King Henry the First whereby he granted the Ancient Libertâ—es of the Kingdome of England which had by his Predecessors beene oppressed with unjust exactions according to the Lawes of King Edward with those emendations which his Father by the couâ—sell of his Barons did ratifie which Charter being read before the Barons they much rejoyced and swore in the presence of the Archbishop that for these Liberties they would if need required spend their blood which being openly done in Parliament they would never have taken such a publike solemne Oath had they deemed a Warre against the King for recovery or defence of these their Liberties unlawfull and no lesse then Treason and Rebellion in point of Law or Conscience After this the Barons assembling at Saint Edmond bury conferred about the said Charter and swore upon the high Altar That if King Iohn refused to confirme and restore unto thâ—m those Liberties the Rights of the Kingdome they would make Warre upon him and withdraw themselves from his Allegiance untill he had ratified them all wâ—th his Charter under hâ—s great Seale And further agreed after Christmas to Petition him for the same and in the meane time to provide themselves of Horse and Furniture to be ready if the King should start from his Oath made at Wâ—nchester at the time of his absolution for confirmation of these Liberties and compell him to satisfie their demand After Christmas they repaire in a Military manner to the King lying in the new Temple urging their desires with great vehemencie the King seeing their resolution and inclination to warre made answer That for the matter they required he would take consideration till after Easter next In the meane time he tooke upon him the Crosse rather through feare then devotion supposing himselfe to bee more safe under that Protection And to shew his desperate malice and wilfulnâ—sse who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfe under any other that would but support him in his violences he sent an Embassage the most base and impious that ever yet was sent by any free and Christian Prince unto Miramumalim the Moore intituled the great King of Affrica Morocco and Spaine wherein he offered to render unto him his Kingdome and to hold the same by tribute from him as his Soveraigne Lord to forgoe the Christian Faith as vaine and to receive that of Mahomet imploying Thomas Hardington and Ralph Fitz-Nicholas Knights and Robert of London Clerke Commissioners in this negotiation whose manner of accesse to this great King with the delivery of their Message and King Iohns Charter to that effect are at large recited in Mathew Paris who heard the whole relation from Robert one of the Commissioners Miramumalim having heard at large their Message and the Description of the King and Kingdome governed by an annointed and Crowned King knowne of old to be free and ingenuous ad nullius praeterquam Dei spectans dominationem with the nature and disposition of the people so much disdained the basenesse and impiety of the Offerer that fetching a deepe sigh from his heart he answered I have never read nor heard of any King possessing so prosperous a Kingdome subject and obedient to him
by injustice advising him to lovie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome engrossing the Kings eare and usurâ—ing his Royall authority as ENEMIES of the King and OF HIS PEOPLE and by another Act of Parliament it was then provided that no man should be questioned for any felonies or trespasses committed in the prosecution of Hughâ—e de Sponsers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies and others in England Wales and in the Marches whereof some things may be said Trespasses and others felonies and the said Hugh and Hugh in the Parliament of our Lord the King sommoned at Westminster three weekes after the Nativitie of Saint Iohn Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite of the said Hugh and Hugh by reason of such causes of necessity cannot be legally redressed or punished without causing great trouble or perchance warre in the land which shall be worse and prayed our Lord that of all alliances trespasses and felonies they might be for ever acquitted for the preservation of peace the avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme there assembled by command of our Lord the King that none of what estate or condition soever he be for alliance at what time soever made by deed oath writing or in other manner nor for the taking occupying or detainer of Chattels towns Mannors Lands Tenements and goods taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme without punishment against the king or damages recovered against the party for the time aforesaid For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it which every one that would might sue out which Charter you may read in old Magna Charta From which Act of Parliament I shall observe these three things First that this their taking up Armes to apprehend the Spâ—â—seâ—s as enemies to the King and kingdom and marching with banners displayd was not then reputed high Treason or Rebellion against the King though it were by way of offence not of defence and without any authority of Parliament for there is not one word of Treason or Rebellion in this Act or in the Charter of pardon pursuing it and if it had beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitaâ—l crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige people and not on the two Spensers the sole delinquents were the occasion of this Act of oblivion and pardon not the Armed pursuing of them when they had gotten above the reach of Law Thirdly that though this were an offensive not defensive warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for the apprehension of such as have beene voted Traytors and Delinquents by Parliament and stand out in contempt against its justice for the defence of the Priviledges and Members of Parliament the Liberties and properties of the subject the fundamentall lawes of the Realme the Protestant Religion now indangered by Papists up in Armes in England and Ireland to extirpate it and the removing ill Counsellors from his Majestie to be no high Treason Rebellion or offence at all against the king but a just and lawful Act the very miscarriages wherof in the generall except in such disorderly Souldiers for whom martiall Law hath provided due punishments deserve a publike pardon both from King and Kingdome And to put this out of Question as no fancie of mine owne we have an expresse Act of Parliament resolving the taking up of Armes by the Queene Prince both but subjects and capable of High Treason in such a case as well as others the Nobles and people of the Realme against these two
treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Eucharist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained abâ—olution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by k. â—udhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenhir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same forme excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synoâ—e threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treachâ—rously putting out the eyes of Etguin during the truce between them After which he was again publikely excâ—mmunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some laâ—ds to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henâ—inguinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublima by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be a part of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that divers Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for a fault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence inimitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not mean of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over
Denmarke Poland Sweden Scotland yea of Iudah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaements People who had not onâ—y a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernmenâ— With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exerbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back the forecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though suddenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Iudah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings or Princes persons I shall begin with the Roman State as having much affinity with ours which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest and richest quality he stiled Senators making them a Court of Counsell and Iustice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the nighttime and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that left they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI â— JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the peoples command consent and approbation was made King which Livy thus expresseth Tullum Hostilium REGEM POPULUS JUSSIT patres auctores facti After him the people created Ancus Martius King Regem POPULUS CREAVIT patres fuêre auctores After him
with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haeredit arium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answerâ— That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempest fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinks yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene our selves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there wereof mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authorities without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowned descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Paliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Sâ—eward to offer the King Liberty so as he would resign all the right she pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is
better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgongue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa anâ— Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Bayonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifiâ— his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if â—ver occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such 〈◊〉 had bin beaten by the cruelâ—y of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Râ—emes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes domes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many of her enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barons and that when he had resigned it he presantly ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lewes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they feared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Priviâ— Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to dâ—ath imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such diseases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the Kings person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those
that would change the Government of the Estate as if the King were not capable of the Government Pleasant people which reject so much the word of lawfull tutelage and yet usurped it against the Lawes and Orders of the Realme holding it onely by tyranny After this they cast many slanders on the Protestants put Anne du Burge and other Councellours of Parliament to death pistoll Anthony Minard president of the Parliament publish sundry Edicts against those of the reformed Religion promise great recompences to those that discover their assemblies fill their prisons with them imploy ayre fire and water to ruine them and kept the king from hearing his Subjects complaints The princes were kept backe the greatest of the Realme out of credit threatned and secretly pursued to death the convocation of the Estates refused the parliaments corrupted the Judges for the most part at the Guisians devotion and the publike treasure offices and benefices given to whom they pleased This their violent government against the lawes and orders of the Realme purchased them wonderfull hatred and caused many which could no longer endure these oppressions to consult VPON SOME IVST DEFENCE to the end they might preserve the just and ancient Government of the Realme They demand advice TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES who resolved THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES against the government which the house of Guise had usurped AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLECE so as the Princes who in the case are born Magistrates or some one of them would undertake it being required by the Estates of the Realme or by the sounder part of them They who first thought of this Act of consequence had severall considerations Some moved with a true zeale to serve God the King and Realme thought they could not doe a greater worke of pietie then to abolish Tyrannie rescue the State and to finde some meanes to ease them of the Religion There were others desirous of change and some were thrust on with hatred for the wrongs which the house of Guisâ— had done them their kinsmen and friends yet all had one designe to suppresse this unlawfull government In these consultations it was held necessary to seize on the Duke of Guise and the Cardinall his brother being advowed by one chiefe member of the State and then to require an assembly of the Three Estates to the end they might yeeld an account of their Government provide for the King and Realm After which they make the Prince of Conde acquainted with this their designe engage him in this quarrel which being discovered produced a long bloody civill war against the Protestants under this and the two succeeding Kings in which warre those that died departed this world with this singular content to have couragiously sacrificed their lives for their countries libertie So the generally History of France in which and in Richard Dinothus you may read at large both the History and the lawfulnesse of this defensive warre overtedious to transcribe Francis dying the Crowne descended to Charles the ninth being but eleven yeares of age and a Parliament of the Estates being assembled on the three and twentieth days of December 1560. The Queene Mother was thereby allowed and confirmed Regent during the Kings minority In severall Parliaments contradictory Acts are made some restraining others granting the free exercise of the Reformed Religion thorowout the Realme The Guisian Popish faction being the strongest party most powerfull at Court and intimatest with the King notwithstanding all Acts for the Protestants immunitie and libertie of conscience impose divers illegall restraints upon them commit many outrages and massacres on them for which they could have no redresse whereupon for their own defence and preservation after many fruitlesse Petitions delusory promises they take up Arms whereupon many bloody civill wars ensue Many propositions and overtures of Peace were made by the Guisian royall party not one of them reall but all to get advantages and over-reach the Protestants against whom they had the most mischievous designes in agitation when they seemed most earnestly to desire Peace Four or five severall conclusions of Peace were solemnly made and ratified betweene them but no sooner made and proclaimed but presently violated of the King and Popish party by massacres and new treacherous Plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody warre almost to the utter ruine of France In the yeare 1592. when a publicke peace was made and all differences to outward appearance buried in eternall oblivion the King contrary to his faith and oath caused the Admirall of France the Protestants chiefe pillar as he departed from the Councell to dinner to be shot with a Harguebuze which carried away the forefinger of his right hand and wounded him in the left arme The king to colour this treachery sweares with an execration to the King of Navarre and others who complained of this outrage to take such exemplary punishment on the offendors as the Admirall and his friends should have cause to rest satisfied commands them to be pursued appoints three of the Parliament to make information against them protests after this again and again to be exceeding sorry that this act touched his honour that he will be revenged for it so as the memory thereof should remaine for ever writes to the governours of the Provinces chiefe Townes and Magistrates That he would take such order as the Authors of so wicked an act should be knowne and punished And to his Ambassdours to forraigne Princes That they should make it knowne to all the world that this outrage did displease him And for the Admirals safetie he commands the Captaines of his Guards to give him as many of his Guard as he pleased to suffer no Papist to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was onely to keep every Bird within his owne nest and a Pitfall to entrap the chiefe of the Protestants For the same day after dinner the King and Queene Mother the Duke of Guise and others take counsell to murther the Admirall and all the chiefe Protestants the night ensuing not onely in Paris but thorowout all France whiles they were sleeping in their beds Which most tyrannicall barbarous Tragedie was accordingly acted the Admirall slain in his lodging and his head cut off carryed to the King and Queen Mother who causing it to be embalmed sent it to the Pope and Cardinall of Lorrain for an assurance of the death of their most capitall enemy all the Protestants Noblemen and Gentlemen lodging in the Admiralls Qâ—arter undergoe the like Butchery the Streets of Paris are strewed with Carkases the pavements market places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season when
the Cardinall of Burbon the Duke of Nevers with others protect and sâ—e for them who soone after suborne Iohn Chastle one of their Novices of the age of eighteen years to stabbe the king who creeping into the kings chamber at the Lonure in Paris among the presse December 27. 1594. and thinking to stabbe the king in the belly as he resolved struck him on the upper Lip and brake a Tooth as he stooped to take up some Gentleman who saluted him for which fact he was condemned by the Parliament as guilty of High Treason his body adjudged to be torne in peeces by four horses then burnt to ashes and cast into the winde and all his Goods confiscate to the king All the Iesuites with their schollers were hereupon banished the Realme as corrupters of youth troublers of the publike quiet enemies of the Kings State and none of them to remaine above fifteen dayes nor any to harbour them within the Realme under paine of High Treason I have heard from a Gentleman of credite which served this king that when he was thus stabbed in the mouth by Chastle one of the Religion gave him this Christian admonition Sir you have denied God already with your mouth inrenouncing the protestant faith which you once professed now God in his justice hath permitted this Iesuite of that Religion you revolted to thus to stabbe you in the mouth O take heed you deny him not in your heart lest the next stroke they give you be to the heart Which fell out accordingly for after four or five more severall attemps of the Iesuites and Papists to murther him which were discovered and prevented he was stabbed to death with a Knife by one Francis Ravillac a Papist at the Iesuites instigation as he was riding in his Caroch neare to Innocents church in Paris for suffering two religions in the Kingdome as the Traitor professed This Villaine stabbed him first in the left Pap and next between the fift and sixt Ribbe cutting asunder the veine leading to the heart and entring into the Cava vena and being dead the Iesuites of his royall Colledge at la Fletche whom he restored and favoured exceedingly notwithstanding their former Treasons and banishments of them out of France causing the Pyramis erected by sentence of Parliament as a monument of their Treasons to be rased and yet were found to have a chiefe hand in this his death begged and procured his heart to be there interred O the admirable passages of Divine Iustice that those two Henries who most advanced the Popish Religion and abandoned the Protestant faith to humour the Iesuites and Papists thereby to secure their Crownes and lives as they beleeved should thus fatally perish by those of that Religion and their unlawfull revolts thus used to preserve their lives whereas our nobler Queen Elizabeth continuing constant in her Religion notwithstanding all allurements menaces and attempts upon her person to withdraw her from the truth was miraculoâ—sly preserved from all the bloody assaults of this infernall generation of Romish Vipers and went to her grave in peace But to return to this kings actions Anno 1596. king Henry calls a generall assembly at Roan â—n forme of a Parliament where he speaking to the assembly told them That at his coming to the Crowne he had found Frâ—nce not onely ruined but almost all lost for the French but by the grace of Almighty God the prayers and good counsell of his subjects the sword of his Princes and brave generous Nobilitie and hiâ— owne pains and labour he had saved it from losse let us save it now from ruine participate with me my dear subjects in this second glory as you have done in the first I have not called you as my Predecessors did to make you approve my Will I have caused you to assemble TO HAVE YOVR COVNSELS TO BELEEVE THEM AND TO FOLLOW THEM finally TO PVT MY SELFE INTO YOVR HANDS A desire which seldome commands Kings that have white hairs and are Conquerours But the love I beare unto my subjects and the desire I have to adde these twoo goodly Titles to that of king makes me to finde all easie and honourable After this the King and Parliament set forth divers Edicts against the transportation of Gold and Silver the wearing of Gold Silver excessive usurie Advocates extortions Duels Bankrupts and the like This Martiall King being murthered by Ravillac as aforesaid the Crowne descended to Lewes his Sonne not then ten years old The Court of Parliament at Paris having notice of his death made this Decree in Parliament May 14. Anno 1610. Whereas the Kings Attorney Generall hath informed the Court of Parliament and all the Chambers thereof assembled that the King being now murthered by a most cruell inhumane and detestable Paricide committed upon his most sacred Person it were very necessary to provide for the affairs of the present King and for his Estate and hath required that there be present order given concerning the service and good of his Estate which cannot be well governed by the Queen during the minoritie of the King her sonne and that it would please the said Court to declare her Regent that the affairs of the kingdome may be governed by her Whereupon having consulted THE COVRT HATH DECLARED AND DOTH DECLARE THE QVEEN mother to the King REGENT OF FRANCE for the governing of the State during the minortie of her sonne with all power and authoritie The next day the King himself sitting in the Seat of Iustice in Parliament by the advice of the Princes of his blood Prelates Dukes Peers and Officers of the Crown according to the Decree made by the Court of Parliament declared and did declare the Queen his Mother Regent in France and to have the care of bringing up his Person and the Government of the affairs of his Kingdome during his minoritie commanding the Edict to be enrolled and published in all the Bayliweeks Senescaushes and other jurisdictions depending upon the said Court of Parliament and in all other Parliaments of the Realme so that the Queene Mother was setled in the Regency by the Parliament and whole State of France After which Pasquier Counsellor and Master of Requests writ her a large Letter touching the Government of the State wherein he informed her That she must not forbear to assemble the Estates for the reason that some would suggest unto her that they will be some blemish to her greatnesse it is quite contrary The Estates having confirmed it by publike authoritie will settle it fully Commonly the Estates assemble to provide for the present and future complaints of the generall of this Monarchy and to reduce things to their ancient course the people being the foundation where on this Realm is built and the which being ruined it is impossible it should subsist take away these new Edicts Impositions and Subsidies it is better to gratifie a people than to intreat them roughly Above all things beware that you follow
pretended fit onely for the Clergies determination not the Commons or three Estates as a means to ingender a schisme and offend the Pope and after much debate prevail and suppresse it In fine after many debates the three Estates brake up without any great â—edresse of their grievances or full answer to their Petitions which was defaced hereupon the Parliament at Paris the seven and twentieth day of March 1615. decreed under the Kings good pleasure That the Princes Dukes Peers and Officers of the Crowne having place and deliberate voyce therein being then in the Citie should be invited to come into the Court there with the Chancellour and all the Chambers assembled to advise upon the propositions which should be made for the kings service the ease of his subjects and good of his estate and to draw up a Remonstrance to this effect Some Court Parasites presently acquaint the King and Queen Mother with this Decree as if it were an apparent enterprize against the Kings Authoritie and did touch the Queens Regency which they would controll and objections are made against it in Councell whereupon the Parliament are sent for to the Court severall times and ordered to revoke this Decree they excuse and justifie it then draw up a Remonstrance to the king consisting of many Heads wherein among others they â—ffirme That the Parliament of Paris was borne with the State of France and holds place in Councell with Princes and Barons which in all ages was near to the Kings person That it had alwayes dealt in publike affairs that some Kings which had not liked of the Remonstrances of the Parliament at Paris did afterwards witnesse their griefe That Popes Emperours Kings and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris c. To which I shall adde some passages out of Andrew Favine in his Theater of Honour touching the dignitie power and honour of the Parliaments of France In the Register of the Acts of Parliament beginning 1368. there is one dated the twenty seventh of Iune 1369. for matter of murder and assassinate committed on the person of Master Emery Doll Councellor of the said Parliament whereby it was approved That it was a crime of High Treason to kill a Councellor of Parliament And in Anno 1475. on the eleventh day of November Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul to whom for his rebellions and disobediences king Lewes the eleventh directed his Processe And the said Parliament declared That there was not a Lord in the Kingdome so great except the King and Mounsiour le Daulphine but ought to come and appear at the said Parliament in person when it was ordained for him And this is witnessed by a Lyon abasing his tail between his Legs exalted over the gate and entrance of the great Chamber by the Parquet des Huisiers thereof So that by this illustrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom And in Anno 1482. the second day of Aprill king Lewâ—â— the eleventh sent unto the Parliament the Oath which he took at his sacring exhorting the said Parliament to performe good justice according as the King had promised to doe by his said Oath which he purposed to keep and the Oath is there Registred downe The Parliaments of France are Oaks with exalted Heads under whose Branches the people are covered from the very strongest violencies which constraineth them to yeeld obedience to their Prince But when Princes by bad councell misprize the authoritie of them whereof they ought to be zealous defenders as being exalted to the Royall dignity to rule and governe their Subjects by justice they cut off the right hand from the left If they refuse the holy Remonstrances of their Parliaments under color that they are not to meddle with affairs of State but onely with the Act of justice and lend a deaf ear when they are advertised of evill Government it is an assured Pronostick forewarning of the entire decadence of the Kingdome Strange and forraigne Princes have sought and submitted themselves to the judgement of their Parliament evâ—n in their affairs of greatest importance The Chronicle of Laureshime under the year 803. followed by the Monk Aimonius in the fourth Book of his History of France reporteth that king Lewes the Debonnaire holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vvilses who with frank and free good will submitted themselves to the judgement of the said Parliament to which of them the Kingdom should belong Now albeit the custom of the said kingdom adjudged the Crown to the eldest according to the right of Prerogative allowed and practised by the Law of Nature and of late memory in the person of the last dead king Liubus father commune to these two contendants yet notwithstanding in regard of the subjects universall consent of the Kingdom who for the cowardise and want of government in the Elder had given the Crowne to the Younger for valliancie and discreet carriage by sentence the Kingdom was adjudged to him and the Eldest did him homage with Oath of allegiance in the said Parliament Under the third Ligne in the reign of Philip Augustus Pope Innocent the third and the Emperour Otho the fourth being in variance for the forme and tearms of the Oath of fidelity with the said Emperour should make to the Pope they referred it to the judgement of king Philip in his Parliament furnished with Peers Otho made some exception concerning the forme and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjur andum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliâ—eor juro quod omnes possessiones honores jura Romanae Ecclesiae pro posse meo bona fide protegam ipsam ad eas retinendas bona fide jâ—vabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero â—ine fraude defensor quaecunque and
manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravenna Pentapolis Marchiae Ducatus Spoletanus terra Conitissâ—e Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes propossâ— mâ—â— restituam quietè dimittam cum omne jurisdictionâ— districtâ— honore suo Verunt amen cum adrecipiendam Coronam Imperij vel pro necessitatibuâ— Ecclesia Romanaâ— ab Apostolica sede vocatus accessero demandato summi Pontifâ—â—â—â— ab illis terris praestationes accipiam Praetereà adjutor ero ad retinendum defendendum Ecclesiae Romanae REGNVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorific entiam â—xhibeo quam devoti Catholiâ—i Imperatores consueverunt Sedi Apostoliâ—ae exhibere Stabo etiam ad consilium arbitrium tuum de bonis â—onsuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si proptâ—r negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subveniam ei sicut necessitas postulaverit in expensis Omnia vero praedictatâ—m juramento quam scripto firmaâ—o cum Imperij Coronam adeptus fuero Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcy Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continueâ— of the History of Matthew Paris observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warre upon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretâ—r inter Regem Angliae Barones ventum est ad istud ut Rex pâ—oceres se submitterent ordinationi Parliamenti Regis Franâ—ae in the time of Saint Lewis in prâ—emissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populopene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solâ—mniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoâ— excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repassed back into England after the Parliament as the same Monk speaketh Thus Favine in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded holding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regencie which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellors he should entertain c. with many other such bigge words After which there was a Deâ—ree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Paliament in generall complained much of this Decree the kings learned Counâ—â—ll refuse to carry or cause it to be read in Parliâ—ment because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reign After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in â—undry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellâ—rs of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suâ—â—er such good and loyall subjects to be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day wherupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed forthe maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh. Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spaiâ— wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religien and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fouâ—th the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
had resigned wheâ—upon Ramir raised an Army against him and after 2. yeers warres took him prisoner put cut his eyes and thrust him into a Monastery Iohn the first the 35 King of Castile after the death of Ferdinand King of Portugall claimed that kingdome iâ— right of Eleanor his wife and next Heire but the Portugals elected Iohn a bastard a Knight of the blood Royall for their King and excluded Eleanor Henry the 4. the 38. King of Castile having no children lawfully begotten would have made Elizabeth his bastard daughter heire to the Crown but the Nobles would no wayes permit it and resisting him with all their might preferred his own sister Elizabeth to the Crown and married her to Ferdinand the 6 sonne to Iohn King of Arragon rejecting his spurious daughter And Fâ—ier Iohn de Tâ—ixeraiâ— his Book of The Originall of the Kings of Portugall affirmes that the Kings of Portugall were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE who had power to conferre the Kingdome on whom they pleased averring that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio Kings of Portugall were thus elected Which though Duardus Nonius Leo a Portugois Lawyer denyes and seemes to resute yet he grants freely that the Parliament or Assembly of the Estates in Portugall have usually determined the Title Right and ordered the Succession of that Crown in the Cases of these Princes and determined of their Legitimate or spurious birthes That when the Kings of Portugall have dyed without Heires they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King And that after the death of King Ferdâ—nand they put by Iohn and Ferdinand the â—onnes of King Peter begotten of Agnes de Castro his Concubine from the Crown because they were bastards and moreover enemies to the name and Realme of the Portugois entring with Henry and Peter Kings of Castile in an hostile manner with an Army into the Confines of Portugall wasting them every where and doing great dammages to and committing many murthers among their Citizens for which reason the States assembled at Cotmbri resolved that although they were legitimate yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOME quod se hostes alienos a Portugalia declarassent because â—HEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALâ—ENS TO PORTVGALL And therefore beleeving the Kingdome to be void for want of a right heire to succeed in which case BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED they chose Iohn the Bastard King After which he shewes that Philip thâ— 2. his Tide to the Crown was long debated by and resolved in the Assembly of the States of Portugall in the life of king Henry who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almâ—erin upon the Petition of the Senate and People who earnestly pressed him that the Title of the crown might be setled and discided during his life to prevent division and câ—vill warres after his death By which it is apparent that the Assembly of the Estates of Portugall is the most Soveraign power and above their kings themselves It is clear that the Gothish kings which reigned in Spain were not hereditary but elective yea censuâ—able excommunicable and desposable by them for their Male-administrations The Generall History of Spaine is expresse that among the Goths they did not reigne by right and succession from Father to Sonne but those were chosen Kings among them which were held worthy which election was made by the Nobility and People and if any one did affect that dignity by any other unlawfull meanes he was excommunicated and rejected from the company of christians as appearâ—s by the 5. Councell of Toledo Thus Vallia the 1. king of the Goths An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 5â—5 Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tulâ—â— the 23. King An. 642. Bamba the 26. king of Goths an 672. to omit others were elected by the Nobles and people though now and then the Crown went by succession through usurpation rather then right Theodiscle the tenth king of the Goths in Spaine giving himselfe to lusts and adulteries polluted great and honest families corrupted Nobles wives and committed many murthers whereupon the chiefe of the Goths conspiring against him strangled him at Sevill rioting in his banquets and elected Agila for their king So Victrix the 17. king of the Goths a vitious base unworthy Prince was miserably slain by his own people for his vitiousnesse as he sate at Table Suinâ—illa the 20. king of the Goths in the beginning was a good Prince but in the end he grew exceeding covetous and cruell wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne he was likewise excommunicated by the Bishops whose power at that time began to equall that of Kings at the 4. Councell of Toledo which interdicted him with Geilands brother their wives and children the communion and fellowship of the Church and the possession of their goods gotten by violence and tyrannicall meanes and Sisenand his adversary with the consent of the people obtained the Kingdom The 6. Councel of Toledo under Cinthilla the 22. king of Goths about the yeare 686. decreed and by a perpetuall law imposed on the Kings of Spain not to suffer any one to live within their Dominions which was not a Catholike the which their kings should solemnly sweare before they were crowned and if any king should goe against that Law which he had thus sâ—orn he should be excommunicate and accursed in sight of the eternall God and made the fuell of eternall fire which Canon was made not only by the assent of this king his Bishops but likewise with the consent deliberation of his Nobles and great men In the 5. Councel of Toledo under this king it was decreed Câ—n. 2 3 4 5 6 7. That the kings children and faithfull servants after their deathâ— should not be deprived of the lands honours and just rewards by the succeeding kings which had been conferred on them in their lives That no man should aspire to the crowne liceâ—â—iously under pain of excommunication and a divine Anathema whom neither THE ELECTION OF ALL nor the Nobility of the Gothisn Nation had noâ— advanced to this top of honour That none should during the kings life endeavour or use meanes to succeed him after his death nor yet revile the Prince under paine of excomunication All which particulars were raâ—ified by new Canons in the 6. Councell of Toledo under this king Can. 14 15 15 17 18. with this addition That the king being dead none should usuâ—p the kingdome by tyrannicall presumption that none who had been shaven a Monke or dishonestly bald or descended from a servile stocke or a mâ—n of a forraign Naâ—ion unlesse
pursuit where of they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupâ—rt Cardinall of â—aint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacâ—obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conqâ—ered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperours whereof we may read the Glosse upon the Chapter Adrianus Papa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly desend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the chargâ—s of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnâ—sh so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pursuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grievously offended Thus those good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Naâ—arre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were â—oo young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so farre provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shat them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the nexâ— day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—in honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Borta elected Ramier a Monke brother to king Alphonso for their King who was much derided of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remiâ—es their King of Navarre and so the Realmes of Arragon and Navarre which had been uâ—ited 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost hâ—s sences Aâ—no 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Text upon the people whereto the Nobâ—litie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infâ—inge their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their lives Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they
dishonourable peace with the Moors to release the Tribute which they payed him formerly and after much mediaâ—â—on he concluded a Peace thorowout all the Realm with his discontented Subjects This Prince thinking to raign more securely had taken a course of extream severity shewing himself cruell and treacherous to his Nobility whereby he was feared but withall he lost the love and respect of his subjects so as he was no sooner freed from one danger but he fell into another worse then the first his Nobles holding this for a Maxime That a Tyrant being offended will at some time revenge himself and therefore they must not trust him upon any reconciliation who to pacifie the troubles which had grown by his own errour had made no difficulty to sacrifice upon the peoples spleen his own Mignions degrading and in the end murthering condemning them as Traitors after their death yea the Princes of his own blood taking their goods estates and depriving the lawfull Heirs seeking to reign over free men and generous Spirits as over beasts entreating them as base and effeminate slaves who might not speak their opinions freely in matters of State and Government of which they were held dead members and without feeling Whereupon D. Manuel and other Nobles as men endued with understanding reason and not forgetting the nature of Alphonso who was proud a contemner of all laws and treacherous they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act and entred into a league with the King of Portugall incensing him to take up Arms for their defence Where upon King Alphonso having some feeling that cruelty was too violent remedy for men that were Nobly borne he sought by all milde and courreous meanes to divide them and to draw some of them to his service which he effected and so more easily conquered and reduced their companions An. 1337. was founded the Town of Alegria of Dulanci in the Province of Alava and many Villages thereabout the which obtained from the King the priviledges and Lawes of the Realm whereby the inhabitants should govern themselves with libertie to chuse their own Iudges Don Pedro the first king of Castile surnamed the cruell most tyrannically murthering and poysoning divers of his Nobles and subjects without cause banishing others quitting Blanch his espoused wife within three dayes after his marriage to enjoy the unchaste love of Doxna Maria de Paedilla by whom hee was inchanted which much troubled the whole Court divorcing himselfe without colour by the advice onely of two Bishops without the Popes assent from Blanch and marrying Jane of Castro in her life time Hanging up divers Burgesses of Toledo causlesly for taking the Queens part too openly and among others a Goldsmiths sonne who offred to be hanged to save his fathers life causing his own brother Don Frederick and divers Nobles else to be suddenly slain Anno 1358. poysoning and murdering likewise divers Noble Ladies among others Don Leonora his own Aunt after which Anno 1360. he murthering two more of his own brethren executing divers Clergy men and Knights of Castile banishing the Archbishop of Toledo putting divers Jews as Samuel Levy his High Treasurer with his whole family to death to gain their Estates and causing his own Queen Blanch to be poysoned after she had long been kept prisoner by him Anno 136â— Hereupon his cruelties rapines and murders growing excessive and the Popes Legat denouncing him an utter Enemy to God and man Henry Earle of Transtamara his brother with other Fugitives getting ayde from the King of Navarre entred Castile with an Army where by the Nobles importunity he tooke upon him the title of King of Castile and Leon which done the whole Kingdom long oppressed with D. Pedro his Tyranny immediately revolted from him so that in few dayes Henry found himselfe King of a mighty great Kingdom almost without striking stroke the people striving who should first receive him such was their hatred to the Tyrant Pedro who being doubtfull what to doe fled with two and twenty Ships out of his Realme to Bayon craving ayde of the English to revest him in his Kingdom mean time king Henry assembling the Estates at Burgon they granted him the tenth penny of all the Merchandize they should â—ell in the Realm to maintaine the warres against Pedro who getting ayde from the English upon conditions accompanied with the valiant Black Prince of Wales entred with a great Army into Spain where the Prince writing to Henry voluntarily to resign the Crown to Pedro his Brother to avoyd the effusion of Christian blood he made answer That he could not hearken to any accord with him who had against the law of nature taken delight to murther so many of the blood Royall and other great personages of Castile who had not respect of the Lawes of the Countrey and much lesse of God falsifying his Oathes and promises having no other rule in his actions but his Tyrannous passions Whereupon battell being joyned Henry was conquered and Pedro restored But hee discontenting the English and others who had reseated him in his Kingdome by his insolency and Tyranny and the Biscaniers refusing to be under the command of strangers whom they would never consent to be put in possession of their Countrey and with all falling to his former cruelties and courses contrary to the advice of his friends and Astrologers he so estranged the hearts of all from him that the English returning and Henry receiving new forces from the French entred Castile suddenly and conquered the Tyrant who being betrayed into Kâ—ng Henry his hands as hee was taking his flight by night King Henry stabbed him with dagger in the face and at last getting him under him slew him with his dagger for his excesse and tyranny Anno 1368. and raigned quietly in his steed I might prosecute and draw down the Histories of all the Spanish Kings and Kingdomes from his dayes till this present which are full fraught with presidents of this nature â—o prove all the Kings of Spaine inferiour to their Kingdomes Assemblies of the Estates Lawes resistible deprivable for their Tyrannyes but because those who desire satisfaction in this kinde may read the Histories themselves more largely in the generall History of Spaine in Ioannis Pistorius his Hispanie Illustratae where all their chiefe Historians are collected into severall volumnes and in Meteranus and Grimstons Histories of the Netherlands I shall for brevity sake pretermit them altogether concluding with one or two briefe observations more touching the Gothish and Arragonian Kings in Spain which will give great light and confirmation to the premises First for the Antient Kings of the Gothes in Spain Aimoinius and Hugo Grotius out of him confesse that they received the Kingdom from the people revocable by them at any time and that the people might depose them as often as they displeased them and therefore their acts might be rescinded and nulled by the people who
either ground or presidents to warrant what they affirm touching the absolute Soveraignty Monarchy irresistibilitie incorrigibility of the Kings of Iudah and Israel by their whole States Congregations Kingdoms generall assents and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments Kingdoms and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes bent to subvert Religion Laws Liberties the Republike are founded which must now needs vanish into nothing before this Catholike irrefragable clear-shining verity abundantly ratifyed by innumerable presidents in all eminent Kingdoms States Nations that either have been in any former ages or are yet extant in the world which must and will infinitely over-sway swallow up the inconsiderable contrary opinions of some few privadoes who either out of flattery hopes of getting or keeping undemerited preferments fear of displeasing greatnesse or inconsiderate following of other reputed learned mens mistakes without due examination of their erronious Tenents have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities whose defence I have here made good against all their misprisions and bootlesse assaults Having now Historically ran over the most eminent Empires Kingdoms of ancient and present times in a kinde of confused method their copious vastnesse and varietie being so boundlesse and my time to collect them so small that I could hardly marshall them into any comely dâ—stinct Regiments or reduce them to the particular Heads debated in the premises I shall therefore for a conclusion deduce these distinct Conclusions from them to which the substance of all the recited Histories may be aptly reduced and are in truth abundantly confirmed by them beyond all contradiction annexing some new punctuall Authorities of note to ratifie and confirme them First it is undeniably evident from all the premises That all Monarchies Empires Kingdoms Emperours Kings Princes in the world were originally created instituted ordained continued limited and received all their jurisdiction power Authoritie both from by and for the people whose Creatures Ministers Servants they are and ought to be If we survey all the severall Lawfull Monarchies Empires Principalities Emperours and Kings that either have been or yet are extant in the world we finde all sacred and prophane Histories concurre in this that they had their originall erections creations from by and for the People Yea we read the very times when the most Monarchies of note were instituted the Names of those on whom the first Monarchies were conferred by the peoples free election onely yet extant on record in most Histories and withall expresse relations of many different kinds of Kingdoms Kings in respect of succession continuance Power jurisdiction scarce any two kingdoms or their Kings being alike in all things in regard of Prerogatives jurisdictions all Histories Polititians concurring resolving with Peter that Kings are humane Creatures or Ordinances instituted diversified thus by men and the people alone out of Gods generall or speciall providence not one of them all being immediately or directly ordained by God as the onely efficient cause without the free concurrence consent and institution of the people This truth is not onely ratified by Lex Regia whereby the Roman Emperours were created yea invested with all their power registred by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu l. 6. formerly transcribed by Plato Aristotle Xenophon Berosus Polybius Cicero Livy Iustin Plinie Strabo Plutarch Dionysius Hallicarnassaeus Diodorus Siculus Pausanias Solinus Alexander ab Alexandro Hermannus Schedell Herodotus Boëmus Pomponius Mela forecited and generally by all Historians Chronologers Antiquaries Lawyers Politians whatsoever but directly averred and proved by Franciscus Hotomanus a famous Lawyer in his Franco-Gallia c. 1. 6. 10 13. the Author of De Iure Magistratus in subditos Quaest. 5. p. 239. 240 c. Thomas Garzonius Emporij Emporiorum Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers Illustrium 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli l. 1. c. 4. sect 7. l. 3. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 2. c. 10. 15. Ioannes Marianade Rege Regum Instit. l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest. 3. p. 83. to 94. with whose words I shall close up this observation having elsewhere particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the people profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by cammon consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor
Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pâ—etext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nâ—no newly constituted by the people nor should not be acknowledged as heirâ—s to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vayuods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest as in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812 although he were the sonne of Charles the great Yea in the very Testament oâ— Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whoÌ„ they pleased as for hi Vncles he bids theÌ„ rest satisfied with the Decréc of the people Whence Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecutes more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and proâ—essedly maintained by Marius Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus his Vindicia contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzâ—vius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Universâ— Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. I. 399. n. 6.
or rather a function If a function what community hath it with a propriety If a possession whether not at least such an one that the same people by whom it is delivered may perpetually retain the propriety to it self Finally if the patrimonie of the Eschequer or demaines of the Republike be truely called a Dower and truely such a Dower by whose alienation or delapidation both the Republike it self and Kingdom and king himself finally perisheth by what law at last shall it be lawfull to alienate this Dower Therefore let Wenceslaus the Emperour be infatuated let Charles the sixth king of France be distracted and give or sell the kingdom or a part thereof to the English let Malchom king of Scotland prodigally spend the Crown land and royall Treasure what will follow Those who have chosen a king against the invasions of Forraigners by the folly or madnesse of the king shall be made the servants of Forraigners those who by this means would severally desire to secure their Estates shall all of them together be exposed to a prey those things which every one shall take from himself or from his pupils as in Scotland that he might endow the Commonwealth some Bawd shall riotously consume But if as we have already often said kings be created for the peoples use what use at all shall there be if not onely the use but even the abuse be granted To whose good are so many evils to whose benefit so many losses so many perils If I say whiles I desire to look after my liberty or safetie I make my selfe a slave I expose my selfe to the lust of one man I put my self into Fetters and Stocks Therefore we see this Law as it is infused by nature so likewise it is approved by use almost among all Nations that it is not lawfull for the king to diminish the Commonwealth at his pleasure and he who doth contrary is censured to play not the king but Tyrant Certainly where kings were created there was a necessity to give them some Revenues by which they might both support their Royall State but most principally sustain the Royall burthens for so both honesty and profit seemed to require It pertained to the Royall Office to see Judges placed every where who should not take gifts and who should not prostitute the Law to â—ale Moreover to provide a force ready at hand which should assist the Law when ever there should be need to preserve the wayes safe Commerce safe c. but if warre were feared to fortifie Cities with a Garrison to inviron them with a Trench against enemies to maintain an Army to furnish Armories Now this is a know proverb that peace cannot consist without warre nor war without souldiers nor souldiers without wages nor wages without tribute Therefore to sustaine the burthens of Peace the demesne was instituted which among the Lawyers is called Canon to defray the charges of warre tribute yet so as if some more heavy charge should accrue an extraordinary ayde given by Parliament should supply the end of all which verily is the good of the Commonwealth so as he that converts it to his private use is plainly unworthy the name of a king For a Prince saith Paul is the Minister of God for the peoples good and Tributes and Customes are paid to him that he may continually attend thereto And truely heretofore almost all Customs of the Romanes seem to have had this Originall that the precious Merchandize used to be brought out of India Arabia Aethiopia might be secured against piraticall invasions for which cause a Navie was furnished of which kinde was the tribute of the Red-sea Pedatica Navigia Portoria and the rest that the publike wayes which were therefore called Pretorian Consular Royall should be rendred safe from theeves plain and easie which charge even now lieth upon the kings Attorny that the publike Bridges should be repaired as appears out of the Constitution of Lewes the godly twelve over Seyne that Ships should be ready at hand to transport men over Rivers c. There were no Tributes of Saltpits yea most of them were in the Dominion of private men because what things nature did voluntarily give they thought ought no more to be sold then Light Ayre water And whereas a certain King named Lycurgus had begun to impose a Tax on Salt pits as if nature would not suffer her liberality to be restrained they are said to have been presently dried up although at this day If we beleeve Palphur or Armilot Whatever good or faire thing can be got Out of the Whole Sea in each Realme it flowes Some custome to the Kings Exchequer owes He who first instituted this custome at Rome was Livius Censor whence he obtained the surname of Salinator which he did for the most present necessity of the Commonwealth For that very cause truly King Philip obtained it onely for five yeares whose continuation what commotions it hath produced every man knoweth Finally that tributes were instituted to pay Souldiers wages in warres appeares even from this that to make a Province stipendary or tributary is the selfe-same thing indeed Thus Solomon imposed Tributes to fortifie Cities and to furnish a publike Armory which because they were finished the people under Rehoboam desired to be eased thereof Yea the Turkes themselves call the Tribute of Princes The sacred blood of the People which profusely to spend or to convert to any other use but to defend the people is a cursed act Therefore what things soever a King acquires in warres in every Nation because he gaines it by the common treasure â—e acquires it to the people not to himselfe as a factor doth to his Master Moreover if perchance he gaine any thing by marriage which I say is pure and simply his wives he is thought to acquire it to the Kingdome because he was presumed to marry that wife not as he is Philip or Charles but as he is King On the contrary as Queenes have part of those things which their husbands not yet co-opted into the Kingdome have gained during the marriage so plainly they have no part of those things they get after they have obtained the Kingdome because they are reputed gained to the publike Treasures not to the private meanes of the King which was judged in the Realme of France between Philip Valoyes and Ioan of Burgundy his wife Now lest the monies should be extorted to some other use the Emperour sweares that he will impose no customes nor enjoyne no taxes but by the Authority of a publike Assembly The Kings of Poland Hungary Denmarke England doe the like out of the Lawes of Edward the first The French Kings heretofore demanded Tributes in the Assemblies of the three Estates Hence also is that Law of Philip Valoyes That impositions should not be imposed but upon great and urgent necessity and that by the consent of the Three Estates Moreover in times past those taxes were laid up in Castles throughout
illis conterimur tandem cum illis luimus Non ergo desunt viae per quas tyranni tollantur sed deest publica justitia Cavete vobis O Tyranni Evangelium enim Iesu Christi late sparsum vitam multorum innovabit ut innocentiae justitiae plurimi studeant cui si vos studueritis summo honore vos prosequantur sin furere vim facere perrexeritis omnium pedibus conculâ—abimini So he The last is the generall Union of the States of the united Provinces to defend their Liberties and Religion made at Brussels the tenth of Ianuary 1577. thus related by Grimston in his History of the Netherlands l. 10. p. 492. 493. The States seeing themselves ingaged in warre on all sides against the Spaniards who were proclaimed enemies to the Countrey fearing some dis-union amongst themselves by the inticing perswasions of such as sought to dismember them they resolved before that Don Iohn should enter into the Countrey to make a generall union among themselves as well Prelates Noblemen and Townes as of others of the seventeene Provinces which was allowed by the Lords of the Councell of State deputed by the King for the government generall of the said Countries whereof the Originall remaines in the custody of the States of Brabant Of which Union the Tenor followeth A generall Vnion of the States VVE who have signed these presents Prelates Church-men Noblemen Gentlemen Magistrates of the King Townes Castles and others making and representing the States of the seventeene Provinces being presently assembled in this Towne of Brussels and others being under the obedience of the most high mighty and famous Prince King Philip our Soveraigne Lord and naturall Prince we give all men to understand both present and to come That seeing our common Countrey afflicted by a more then barbarous and tyrannous oppression of Spaniards we have beene forced and moved to unite our selves together and with Armes Counsell Men and Money to assist one another against the said Spaniards and their adherents being declared Rebels to his Majesty and our enemies And that this union and conjunction hath beene since confirmed by the Pacification last made and all by the authority and consent of the Councell of State committed by his Majesty for the generall government of the said Countries And as the pretended end of this Union requires all fidelity constancie and naturall assistance for ever and that we would not by any misprision have cause of jealousie or mistrust and much lesse of any bad affection or disposition of any of us but contrariwise to have the affaires of the said Union effected with all the sincerity fidelity and diligence that may be so as not any of the subjects and inhabitants of the said Countries and Province may have any just cause to be discontented or to doubt of us For these considerations and reasons and that nothing may be treacherously done to the prejudice of our common Countrey and just defence or that omitted by negligence which shall be necessary for our just and lawfull defence We have by vertue of our power and commission respectively and otherwise for us and our successors promised and doe promise by the faith of Christians of honest men and true Countrey-men to keepe and entertaine inviolably for ever the said Union and Association so as not any one of us may breake or fall from it by dissimulation secret intelligence or in any sort whatsoever And that for the preservation of our holy Catholike and Romish Faith and the accomplishment of the Pacification as also for the expulsion of Spaniards and their adherents with all due obedience to his Majesty for the good and quiet of our Countrey and the maintenance of our Priviledges rights Freedomes Statutes Customes and antient uses For the effecting whereof we will use all meanes possible imploying both Money Men Counsell and goods yea and our lives if it were necessary And that none of us may in private give any counsell advice or consent nor have any secret conference with them that are not of this Union nor yet reveale unto them in any sort what hath or shall be treated of in this Assembly oâ— resolved but shall wholly conforme himselfe according to our generall and common resolution And in case that any Province Estate Countrey Towne Castle or House were besieged assaulted invaded or opprest in any sort whatsoever yea if any of us or any others having indeavoured himselfe for his Countrey and the just defence thereof against the Spaniards or for other causes depending thereon as well in generall as particular should be sought after imprisoned ransomed molested or disquieted in his person and goods honour and estate or otherwise we promise to give him assistance by all the said meanes yea and to procure the liberty of them that shall be imprisoned either by force or otherwayes upon paine to be degraded of their Nobility Name Armes and Honour and to be held perjured disloyall and enemies to our Countrey before God and men and to incurre the note of Infamy and cowardise for ever And for the strengthening of this our holy Union of Association we have signed these presents the tenth of Ianuary 1577. Underneath were the signatures of the Deputies of every Province Prelates Noblemen and Commissioners for Townes and underneath them was written the agreation of the Councell of State as followeth The Deputies of the generall Estates here under-written having required them of the Councell of State committed by his Majesty for the government of the Netherlands to consent unto and allow of that which is contained in the Union above written The Councell in regard of the said request and the reasons therein contained have as much as in them lay allowed and doe allow by these presents the said Union according to the forme and tenor Made at Brussels in the State-house in the Assembly of the said States the tenth of Ianuary 1577. And underneath was written By the commandement of the Lords of the Councell of State Signed Berrii If any shall here object that Kings are of divine institution whence Dei gratia By the grace of God is peculiarly annexed to their Titles and not communicated unto Subjects Therefore though they prove never so flagitious or tyrannicall they may in no wise be forcibly resisted or questioned by their Nobles and Parliaments for their crimes I answer briefely because I have elswhere largely dissipated this objection First that Kings are no more of divine institution then any other inferiour Magistrates Officers or Princes what soever as the Scriptures abundantly evidence But all other inferiour Magistrates Officers and Princes whatsoever are resistible questionable censurable and deposible for their tyranny wickednesse and misgovernment by the Parliaments censure as I have proved notwithstanding their divine institution therefore such degenerating Kings too as well as they in such cases Secondly all Ministers of the Gospel are as much if not farre more Iure divino and by Gods owne ordination
stretch out an helping hand to an afflicted people and a prostrated Commonweale But thou must do it in such sort that thou mayest not looke after thine owne profit but the good of humane society altogether For since Justice wholly lookes abroad injustice onely regards it selfe thou shalt at last doe this justly if thou shalt have no regard of thine owne profits Briefely if a Prince violently passeth over the fixed limits of piety and justice a neighbour may piously and justly leape over his limits not that he should invade anothers but that he should bid him be content with his owne yea he shall be impious and unjust if he neglect it If a Prince exercise tyranny over the people he may no lesse or lesse slackly assist them than him if the people should move sedition yea he ought to doe it the more readily by how much it is more miserable that many suffer than one If Porsena reduce Tarquin the proud to Rome much more justly may Constantine sent for by the people and Senate of Rome expell Maxentius the Tyrant out of the City Finally if a man may become a Wolfe to a man nothing truely forbids but that a man may be a God to a man as it is in the Proverbe Therefore antiquity hath enrolled Hercules among the number of the gods because he punished and tamed Procrustes Busyris and other Tyrants the pests of mankinde and monsters of the world in every place So also the Roman Empire as long as it stood free was often called The Patrocinie against the Robberies of Tyrants because the Senate was the haven and refuge of Kings People Nations So Constantine sent for by the Romans against Maxentius the Tyrant had God the Captaine of his Army whose expedition the Universall Church exalted with powerfull prayses when yet Maxentius had the same authority in the West as Constantine in the East Likewise Charles the Great undertooke a Warre against the Lombardes being called by the Nobles of Italy to their aide when as yet the Kingdome of the Lombards was long before established and he could claime no right to himselfe over them Likewise when Charles the Bald King of France had by Tyranny taken away the President of that Country which lyeth betweene Seine and Liger Duke Lambert and Iamesius and the other Nobles of France had fled to Lewis King of Germany Charles his Brother by another mother to crave aide against Charles and his mother Iudith a most wicked Woman He in a most ample Assembly of the Germane Princes heard these suppliants by whose unanimous Counsell a warre was publickely decreed against Charles for to restore the exiles Finally as there have beene some Tyrants in every place so likewise among all Historians there are every where examples extant of tyranny revenged and people defended by neighbour Princes which the Princes now at this day ought to imitate in curbing the tyrants both of bodies and Soules of the Republicke and of the Church of Christ unlesse they themselves will be named Tyrants by a most deserved right And that we may at last conclude this Treatise in one word piety commands the Law of God to be observed and the Church to be defended justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance of the Netherlands and other Protestant States both in Quaene Elizabeths King Iames and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perâ—idious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest punishments the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes
Republicke but themselves alone have most shamefully imbroyled betrayed and endangered both our Kingdoms Parliaments Liberties Religion Properties yea all the blessings we formerly enjoyed whose names and memories shall be ever execrable to all Posteritie upon Earth their Soules Bodies eternally tortured in hel without repentance for this their inhumane unchristian Treachery and Realme-destroying Church-subverting selfe-seeking detestable both to God and Men. To conjure downe such base degenerous private spirits to the infernall pit or else to elevate and inflame them with great heroicke publike thoughts there is nothing more effectuall in my weake apprehension than the well-grounded knowledge serious study and full vindication of such publike Truthes concerning Publike Governement and the Soveraigne Iurisdiction of Parliaments Kingdomes Magistrates People as are here debated ratified freed from those blacke aspersions of sedition faction rebellion treason conspiracy mutiny singularity disloyalty and the like which sordid Sycophants selfe-seeking Monopolists Courtiers Royallists or malignant Delinquents have most injuriously cast upon them to delude the world which long obscured Truthes though they may seeme dangerous Paradoxes and upstart Enthusiasmes at the first proposall to many ignorant seduced Soules kept over long in Cymmerian darkenesse by those Aegyptian taske-masters who have studyed to increase and perpetuate their bondage Yet upon serious examination will prove to be most ancient indubitable Verities universally received beleeved practised by most Realmes and Nations in the Universe from the beginning of Monarchy till this present and the contrary received opinions to be but the vaine empty Braine-sicke lying fancies of a few illiterate impolitick Court-Chaplaines Lawyers Sycophants who never dived into the Principles Constitutions Lawes Histories of States and Realmes or into the true originall grounds of Regall Regnall Popular or Parliamentary Iurisdictions and writ onely to flatter Princes to purchase honour gaine or favour to themselves without any respect at all to Verity or the Common good which never entred into their narrow private thoughts What entertainement these New-published common Truthes are like to find in Court and elsewhere among many men I may easily conjecture by that ingrate requitall Your Honours have received from them for all your faithfulnesse paines cost diligence service for the Publike safety Never did any Parliament in England deserve halfe so well as this for their indefatigable labours night and day almost three whole yeares space together for the Common good Yet never was any halfe so ill requited Never did any demerit greater publike applause never any underwent halfe so many vile Libellous reproaches slanders of all sorts even for well-doing and that not onely in vulgar Discourses but in Presse and Pulpit too Never did Parliament in any age sit halfe so long or doe halfe that worke or get any such publike establishment as this and yet all our Parliaments put together were never so much opposed traduced secretly conspired against or openly assaulted with armed violence to dissolve and ruine them as this one alone against whom not onely the Pope with all his Antichristian Members at home and abroad but which is almost a Miracle not formerly heard of in any age both King Queene Prince Privy Counsellors Courtiers yea divers Nobles and Members of both Houses contrary to their owne Protestations have utterly deserted it yea bent all their policies wits Forces together to dissolve and null it and in it all future Parliaments as no Parliament at all but as an Assembly of obstinate refractory Traytors and Rebels when as all your Actions Proceedings Declarations Protestations proclaime you nothing lesse yea the best-deserving Parliamentary Assembly that ever this Nation was blessed with and those Heroicke Champions who have lately regained resetled as farre as humane Lawes and Ordinances can secure them our lost at least decayed Liberties Lawes Priviledges Religion in despite of all oppositions and utterly suppressed that confederated Triumvirate of the Counsel-chamber Starchamber and High-Commission which had almost enthralled us in more than Aegyptian bondage and resolved to detaine both us and our Posterity under it without the least hopes of any enfranchisement Never were there halfe so many publike regall Protestations Declarations Proclamations Oathes Remonstrances solemnely made and published to the world for the inviolable preservation of all just Rights and Priviledges of Parliament as there have beene in this and yet never were there so many apparent violations of the undoubted Rights and Priviledges of Parliament in all former ages whatsoever as in this one Parliament onely now at last so far affronted by open Proclamation even against an Act of Parliament passed by the King and both Houses when fullest to be Proclaimed to the world No Parliament at all but a meere factious seditious Conventicle Which how inconsistent it is with other former Oathes Protestations let all wise men judge However this may be some good incouragement to your Honours and My selfe too that if all his Majesties solemne Printed Protestations Oathes Proclamations Remonstrances to his people and all the world with deepest imprecations on himselfe and his Posterity to maintaine the Lawes and Liberties of the Subject the just Priviledges and power of Parliaments and Protestant Religion to the utterrmost be as cordially as really intended as they are pretended your Honourable proceedings and these my polemicall Discourses really defending vindicating the indubitable Priviledges of Parliaments the Subjects Liberties Lawes and our Religion against all Opposites whatsoever cannot but finde most gracious acceptation with his Majesties owne person yea with all his Counsellors Courtiers Cavalliers who beare any sincere affection either to the Parliaments Priviledges their Countries Liberties or Religion which all doubt an Army of English Irish Outlanding Papists will hardly fight for or maintaine but really subvert if possible However Your Honours kinde favourable entertainment and Noble Patronage of these my unworthy publicke Labours of which I cannot doubt accompanyed with the consciousnesse of my owne sincerity and loyalty in the whole contexture of them though some out of malice envy or flattery may and will misconster them as they have done other of my Writings to my great dammage and danger shall be a sufficient Sanctuary to secure both Me and them against all adverse Powers and Detractions whatsoever and if I chance to suffer any future hard measure of what kinde soever for doing my Country or Your Honours the best and faithfullest service I am able I shall repute it my greatest honour my chiefest felicity and chearefully undergoe it through Gods assistance not as a Crosse of infamy but a Crowne of Glory And so much the rather because your Honours have formerly taken up this Magnanimous resolution yea sealed it with solemne publike Coveâ—ants and Protestations to live and dye in the just defence of your Priviledges Country and Religion never so much indangered banded against by foraigne and domesticke Papists Atheists as now and never to desert them whiles you have one drop of blood in your veines or any breath
thou hast thus done let nought but naked Truth resolve thy Conscience and regulate all thy future Actions services both towards thy God King Country in such sort That glory may dwell in our land that mercy and truth may meet together righteousnesse and peace may kisse each other once more in our Nation and God may now at last speake peace unto his people and to his Saints So Truth shall spring out of the Earth and Righteousnesse shall looke downe from Heaven Yea the Lord shall give that which is good and our Land shal yeeld her increase Righteousnesse shall goe before him and shaâ—â— set us in the way of his steps And the worke of Righteousnesse shall be Peace and the effect of righteousnesse quietnesse and assurance for ever And we being Gods people shall dwell in a peaceable habitation and in sure dwellings and in quiet resting places Yea we shall beate our swords into Plow-shares and our Speares into Pruning-hookes Nation shall not lift up sword against Nation neither shall they learne warre any more But wee shall sit every man under his Vine and under his Figge-tree and none shall make us afraid The effecting the restoring of which sweete blessed Harmony of Peace and quietnesse throughout our kingdome hath beene one principall end of this my Labour which takes away the pretended causes the nourishing fewell of our present unnaturall contentions and destructive bloody warres Entertaine it therefore with that Candidnesse and Ingenuity as becomes the cordiallest Endevours of a reall unmercenary Philo-pater who hath freely done and suffered many things and is still prest to doe and suffer all things for his dearest Countries service in an honourable lawfull Christian way though he receive no other Guerdon than the losse of all his earthly comforts and a new addition to his former sufferings That saying of Symmachus hath been encouragement enough to me Saluti publicae dicata industria crescit Merito cum caret Praemio which I wish were more considered and better practised by some degenerous Mercenary spirits in these sad times who receive great wages and doe little worke refusing to stirre either hand or foote upon any advantage or necessary occasion to preserve their Native Country from desolation before they have pursed up their undemerited pay and yet even then perchance sit still It is a basenesse not onely farre below Christianity but Humanity it selfe for men especially those of publicke place and abilities to preferre their owne private ends before the publicke safety their particular gain before the commonweale when the whole kingdome lyeth at stake But I hope Heroicke English Spirits will learne more generous resolutions and Activity in times of such extremity and that those whom it most concernes will take timely notice That sordid Mercenaries are the greatest falsest Cowards Christ himselfe resolving what poore what ill service they will do in dayes of tryall Joh. 10. 12 13. He that is an Hireling seeth the Wolfe comming and leaveth the Sheepe and FLEETH and the Wolfe catcheth them and scattereth the Sheepe The hireling fleeth because he is an hireling and careth not for the Sheepe He loves onely his Wages not his Charge his Duty God discover and amend all such or else speedily discard them That so all ayming onely at the publique good and Tranquility we may eft-soone procure enjoy the same to our greatest consolation The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3. Iac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Iesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practices as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince Lords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately undertaken by the instigation of Iesuites and Seminaries and in advancement of their Religion by their Schollars taught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3. Iacob ch 5. which Enact That all Popish Reeusants shall be restrained to some certaine places of abode and confined to their private houses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting all their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of London nor come into the Court or house where his Majesty or Heire apparent to the Crowne of England shall be nor have in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Munition of what kinde soever And all this for the better discovering and avoyding of such Trayterous and most dangerous Conspiracies Treasons Practises and attempts as are daily devised and practised against our most gracious Soveraignes Person and the Commonweale by rebellious and trayterous Papists And when I read in two of King Iames his Proclamations That those adhering to the profession of the Church of Rome are blindly led together with the superstition of their Religion both unto some points of Doctrine which cannot consist with the loyalty of Subjects towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherein they live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded upon points of Doctrine in that Church held and mantained and contrived and practised with the privity and warrant of many of the principall Priests of that profession to blow up our children and all the three States in Parliament assembled And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of our Religion and profession can expect any assurance long to continue unlesse it might be assented by the mediation of other Princes Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up those rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as betweene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge power to dispose of earthly Kingdomes or Monarchies or to dispence with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thanksgiving appointed for the fifth of November set forth by King Iames and the Parliaments speciall
the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarcâ—y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governmeâ—t and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up Armes against them to deprive them of their Kingdomes Thirdly That such hereticall tyrannicall oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous principles and branded with so many ancient moderne nay present Treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it hath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the Great his time but the Pope and his ministers have had a hand in it All these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in
lived in the time of Charlemayne under the Reigne of King Lewis called Sanctus when France was in her flourishing Estate and the Princes and Lords were of souple nature ranking with the termes of duty and obedience the Parliaments were ruled and assured at certaine seasons of the yeare For in times of Peace foure Parliaments were holden yearely or three at the least And the same was used under the Reigne of his Sonne Philip the Hardy Third of the name In the time of Philip de Bel. his Sonne King of France and Navarre they were reduced to two Parliaments yearely according to the ancient custome One in Winter and the other in Summer during Peace and but one in Winter during Warre It appeareth neverthelesse by the Registers of the Court that by hinderance of warre against the Rebellious Flemmings there was not any Parliament during some yeares And the King by his Ordinance dated the Munday after Mid-lent An. 1302. set downe in the Register of ancient Orders of Parliament fol. 45. Willed that for the commodity of his Subjects there should be every yeare two Parliaments at Paris and in other Provinces as Andrew Favin Records By which it is apparent that Parliaments in France Spaine and other kingdomes were not arbitrarily called at the Kings free pleasures as seldome as they pleased but frequently summoned every yeare once twice or more at certaine seasons publike Acts of Parliament for the better government of these Realmes redresse of grievances and preservation of the peoples Liberties against all royall encroachments on them In Germany though Diets and Assemblies of the States be commonly made by the Emperours and in their names yet we find that the Princes Electors and Estates have assembled not onely without but against the Emperours consents when they saw good cause and not onely questioned but deposed their Emperours and elected new in their steads of which there are sundry precedents in the lives of Ludovicus pius Henry the 1 4 5 6 7. Frederickes Barbarossa Charles the Grosse Winceslaus Philip Otho the fourth Ludovicus Bavarus and others In this regard therefore of forcing Kings to summon Parliaments so frequent with Popish Prelates Peeres Subjects both in our owne and other Realmes our present Protestant Parliament and all others since the Reformation have beene more moderate and dutifull then those in times of Popery heretofore or then the Popish Rebels in Ireland are now who have lately at Kilkenny held a kinde of Parliament erected new Lawes and Officers of Iustice enacted new Lawes and Ordinances as well Civill and criminall as Martiall and done as much herein without the Kings assent or Commission as our King and Parliament could doe if conjoyned Fourthly Our Popish Barons Prelates and Commons have refused to meete in Parliament when the King hath summoned them by his Writ An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse message that they would not come upon his summons for that the Kings person went guarded with Poictovines and other strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could not there appeare with safety at which message the King grew very angry resolving that they should be once twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchestor and Peter de Rivallis his malignant Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Roberts advise told the King that Petrae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that good advise of Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving the world to know withall that his purpose was to amend by their advise whatsoever was to be amended But the Barons considering that still there arrived more and more strangers men of warre with Horse and Armes as now alas we see they doe and not trusting the Peictovine Faith as we have now cause to mistrust the perfidious papists and malignant Cavaliers and seeing no footsteps of peace our present condition refused to come at the appointed day sending the King word by solemne Messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovines out of his Court which if he refuâ—ed they all of them by the common consent of the whole kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating a new King These things thus acted the King was much dejected in mind and all his Court too hanging downe their heads and fearing not a little lest the errors of the Sonne should become worse then the Fathers errors whom his Subjects indeavouring to depose from his Royall Throne almost detruded him to that name which was given him by a certaine presage Iohn the Banished Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen with the disgrace of a few strangers But the Bishop of Winchester with other his ill Counsellors and Poictovine Cavaliers counselled him to take up Armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them who would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty by his ill Counsellours and Cavaliers hereupon the King inclining to the worser part raiseth an Army of Poictovine foraine Souldiers which came to him being sent for out of Flanders from whence the King now hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassets a Noble man given him by King Iohn calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whither the Lords refused to come being required the King thereupon as if they were Traytors burnes their Manors destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of their Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to griefe wound to wound commanded their bodies to be apprehended where ever they were within the kingdom he likewise sends a defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was tyed to the King and free to make his defence Whereupon he seeing neither Faith nor Oath nor Peace to be kept by the King or his ill Counsellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him
upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
the confiscation of their goods and inheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into France with her sonne the Prince whose lives these favorites attempted She raised an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demanded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both Houses representing the whole kingdome and against the generall consent of the people But I shall conclude with one ancient precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons to goe with him into Flanders to which they were not bound by Law The king excusing these taxes by reason of his necessity to maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the king should confirme Magna Charta and Charta de Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his reign after some delaies he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution these Councels continued together and deposed sundry Popes notwithstanding
meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various kinds of Kings where of some are of greater power and authority others of lesse some by Election others by succession onely by reason of their Kingdomes Subjects original institution by the divers alterations of the Monarchy in this kingdome which hath beene sometimes divided into seven sometimes into five sometimes into three or two kingdomes and at last reduced unto one by the great changes and alterations made in all Foraine Realmes which have sometimes multiplyed sometimes diminished the number and power of their Princes and somtimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule or Dukedome by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they reigne but likewise by two expresse determinations of Aristotle in these termes Regna patriis moribus legibus FUNDATA CONFIRMATA SUNT And Verum Regnum est imperium majoâ—ibus praestantioribus viris VOLUNTATE CIVIUM DELATUM seconded by Tully Livie and others It is the unanswerable Argument of Marius Salamonius an incomparable Roman Lawyer and Philosopher in his Lib. 1. de Principatu p. 17 to 27. Printed at Paris 1578. Cumprivilegio Regis To prove The whole Kingdome and people the Soveraigne power greater than the Prince and the Prince be he King or Emperour inferiour unto them because he is not onely their Servant but creature too being originally created by and for them Now as every Creator is of greater power and authority than its creature and every cause greater then its effect So the Authority and power of the people which creates the Prince and Princely power and augments or limits it as there is cause must needs be greater then the Prince or royall power Who though he be greater than any private subject or magistrate over whom he rules yet he is still inferiour to all the people and kingdome whose Servant or Creature he is and by whose authority he doth and manageth all things And though Principalities generally considered be of God yet the constitution of Princes and their severall degrees of power are meerely from men for if the regall Authority of Kings were meerely from the Law of God or nature as many ignorant Court Doctors now Preach and write it should be the same and like it selfe in all kingdomes the same among the Romans as Parthians Scythians Medes and other Nations But it is not the same among all these Nations but different such Qualis suo cuique placet populo as every People pleaseth to prescribe and make choyce of the Power Rights and Royalties of the Kings of the Parthians Medes and Scythians being such as the Parthians Medes and Scythians please therefore the Rights and Prerogatives of the Roman Empire and Emperours and of the kingdom and King of England too such as the Romans pleased and prescribed by their Lex Regia Which he there prosecutes at large And it is the direct conclusion not onely of this Authour but likewise of Iohn Mariana a Spanish Jesuite in his Booke De Rege Regis institutione l. 1. c. 8. Dedicated to King Philip the third of Spaine and Printed by his and the Emperours speciall Priviledge both in Spaine and Germany That the whole Commonweale kingdome and people are of greater power and Authority than the King as for other reasons so for this that he is but their Creature Servant and derives all his Royall Authority from them alone not for his owne but their service and benefit who may enlarge or restraine it as they see just cause And not to trouble you with Foraine Authorities in this point which are infinite I shall onely acquaint you with the resolutions of some eminent ancient Lawyers of our owne Andrew Horne an eminent Lawyer in Edward the first his Reigne in his Myrrour of Iustices Chap. 1. Sect. 2. p. 7 8 9. writes thus of the originall institution of our English Monarches After that God had abated the Nobility of the Britaines who rather used force than right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene forty Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britaine These after great warres elected from among them a King to Reigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of the Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Peeres in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Judge and Party OF RIGHT IT BEHOVES that the King should have COMPANIONS for to â—eare and determine in Parliaments all the Writs and plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could not otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the third his Reigne as in his forecited Passages so in others resolves That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a King but by the Parliament the Kingdomes great Counsell by whose Counsell and consent alone all Lawes were first enacted and yet are as the same Authour informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on earth when be came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his justice and so would be under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humility refused not to be
MOST HIGH AND ABSOLUTE POWER OF THE REALME for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES and Lawes are enacted and abrogated Offenders of all sorts punished and corrupted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE REALME and the place where every particular man is intended to be present if not by himselfe yet by his Advocate and Atturney For this cause any thing that is there enacted is not to be withstood but obeyed of all men without contradiction or grudge and to be short all that ever the people of Rome might doe either Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their Assemblies had power to enact binding Lawes to create and elect their Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes of Officers and to change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authours resolution the Parliament hath an absolute power to doe the like when they see just cause Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but 2. in the last Edition hath the same words in effect with Holinshed and addes that the Parliament giveth forme of Succession to the Crowne c. Our Kings Royall power being then originally derived to them conferred on them by the Peoples and kingdomes common consents in Parliament and all their new additionall Prerogatives too as the premises evidence it cannot be denyed but that the whole kingdome and Parliament are really in this sense above him and the most Soveraigne primitive power from whence all other powers were and are derived Fourthly This is undeniable because the whole kingdome in Parliament may not onely augment but likewise abridge allay abolish and resume some branches of the Kings royall power and prerogative if there be just cause as when it becomes onerous mischievous or dangerous to the Subjects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or the Lawes This is most apparent by Magna Charta Charta de Foresta Statutum De Tall agio non concedendo Articuli super Chartas Confirmatio Chartarum 1 E. 3. c. 6 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right 3 Caroli most Statutes against Purveyens Pardons Protections and for regulating the Kings Charters Grants Revenues the Acts made this Parliament against Ship-money Knighthood Forest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the continuance of this Parliament whiles they please with sundry other Acts which restaine abridge repeale resume divers reall and pretended branches of the Kings royall Prerogative because they proved grievous mischievous dangerous pernicious to the people and kingdome This then answers that irrationall groundlesse position of Doctor Ferne That the Subjects neither lawfully may nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent though it prove never so mischievous and be never so much abused to the peoples prejudice Which as it is contrary to that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That all Governments created by mens consents especially being but officers in trust for their good and welfare onely to sundry presidents and Prophesies in Scripture concerning the Alterations Subversions Diminutions of Kings and kingdomes to the constant practise of all Realmes all States whatsoever from Adam till this instant who have undergone many strange alterations eclipses diminutions yea Periods of Government to the Resolution of Aristotle and all other Politicians who hold all formes of Government changeable and revocable without any injustice if necessary or convenient So likewise to the very end for which Kings have regall power as well as other Governours and Governements and for which they were ordained to wit their kingdomes peoples welfare safety peace protection c. Salus populi being not onely that Suprema Lex but principall end for which all royall power was instituted by God and Man and to which it must submit in case it becomes incompatible or inconsistent with the publique weale or safety What therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacy which he and neere three hundred African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings to effect peace in our State in these times of uncivill military that I say not bloody dissentions raised about them betweene King and Parliament Anâ— vero c. What verily did our Redeemer descend from heaven into humane members and shall we lest his very members he rent in pieces with cruell division feare to dâ—scend out of out Thrones we are ordained Bishops for Christian peoples sake what therefore may profit them for Christian peace that let us doe with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why doe we envy the eternall gaines of our Lord for our temporall sublimities or Prerogatives Our Episcopall dignity will be more fruitfull to us if being laid downe it shall more unite the flocke of Christ than disperse it if retained If when I will retaine my Bishopricke I disperse the flocke of Christ how is the dammage of the flocke the honour of the Shepherd c. Old statute Lawes yea the common Law of England though above the King and his Prerogative may be and oft are repealed and altered by Parliaments when they become mischievous or inconvenient therefore by like or greater reason may any branches of the Kings Prerogative inferiour to these Lawes be restrained yea resumed when they prove grievous or dangerous to the Subject It is the Kings owne professed Maxime in full Parliament Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverts them it
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT and the Archb. of Canterbury thereupon makes there a Sermon on this Text Vox populi vox Dei exhorting the people to invoke the king of kings for him they had then chosen It was further ordered and agreed that during the Parliament time a solemne Message should be sent to the King to Kenelworth Castle where he was kept prisoner to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME but also to resigne unto him IN THE NAME OF THE WHOLE REALME all their homage that before time they had done him and to doe this message there was certaine select persons chosen by the Parliament namely the Bishops of Winchester Hereford and Lincoln two Earles two Abbots foure Barons two Iustices three knights for every County and for London the Cinqueports and other Cities and Burroughes a certaine chosen number with the Speaker of the Parliament whose name was Sir William Trâ—ssell who comming into the Kings presence told him That the Common-weale had received so irrâ— concileable dislikes of his government the particulars whereof had been opened in the Assembly at London that it was resolved never to indure him as King any longer That notwithstanding those dislikes had not extended themselves so farre as for his sake to exclude his issue but that with universall applause and joy THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE THE LORD EDWARD FOR KING That it would be a very acceptable thing to God willingly to give over an earthly kingdome for the common good and quiet of his Country which they said could not otherwise be secured That yet his honour should be no lesse after his resignation then before it was onely him the Commonweale would never suffer toraigne any longer They finally told him That unlesse he did of himselfe renounce his Crowne and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all homage and fealty would elect some other for king who should not be of the blood This message strucke such a chilnesse into the King that he fell groveling to the earth in a swoun which the Earle of Leicester and Bishop of Winchester beholding run unto him and with much labour recovered the halfe dead King setting him on his feet who being come to himselfe the Bishop of Hereford running over the former points concludes saying as in the person of the Commonwealth That the king must resigne his Diadem to his eldest sonne or after the refusall suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME The dolorous King having heard this speech brake forth into sighes and teares made at the last this answer to this effect That he knew that for his many sinnes he was fallen into this calamity and therefore had the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him as that they should utterly abhor his any longer rule and soveraignty and therefore he besought all that were there present to forgive and spare him being so afflicted That neverthelesse it was greatly to his good pleasure and liking seeing it could none other be in his behalâ—e that his eldest sonne was so gracious in their sight and therefore he gave them thanks for chusing him their King This being said then was a proceeding to the short Ceremonies of his resignation which principally conâ—isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King Thereupon Sir William Trussell the Speaker ON THE BEHALFE OF THE WHOLE REALM renounced all homage and allegiance to the said Edward of Carnarvan late King in these words following I William Trussell IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND AND OF ALL THE PARLIAMENT PROCURATOR resigne to thee Edward the homage that was sometimes made unto thee and from this time now forward I defie thee AND DEPRIUE THEE OF ALL ROYALL POWER I shall never be attendant to thee as King after this time After which King Edward the third being solemnly crowned proclaimed his peace to all his people in these words Edward by the grace of God King of England Lord of Ireland and Duke of Aquiâ—ane to N. N. our Sheriffe of S. greeting Because the Lord Edward our Father late King of England by THE COMMON COUNSELL AND ASSENT OF THE PRELATES EARLS BARONS AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM did voluntarily remove himselfe from the government thereof willing and granting that We as his eldest Sonne and Heire should take upon us the rule and regiment of the same and we with the counsell of the Prelates Earls and Barons aforesaid yeelding therein to our Fathers good pleasure and will have taken upon Vs the Governanse of the said Kingdome and as the manner is have received the Fealties and Homages of the said Prelates and Peeres We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed do will and command you that presently upon sight of these presents you cause Our Peace to be proclaimed throughout your Bayli-wick forbidding all and every one on Our behalfe under paine and perill of disinheritance and losse of life and limbs not to presume to violate or infringe Our said Peace but that every one pursue or follow his Actions and Complaints without any manner of outrage according to the Laws and Customs of Our Kingdome for We are ready and alwayes will be to administer full right to all and singular complaints as well of poore as rich in Our Courts of Iustice. The second President is that of King Richard the second who being taken prisoner by Henry Duke of Lancaster An. 1399. the Duke soone after on the thirteenth of September called a Parliament in the Kings Name wherein was declared how unprofitable King Richard had been to the Realme during his reigne how he subverted the Lawes pâ—lled the people ministred Iustice to no man but to such as pleased him And to the intent the Commons might be perswaded that he was an unjust and unprofitable Prince and a Tyrant over his Subjects and THEREFORE WORTHY TO BE DEPOSED there were set forth certaine Articles to the number of 32. or 38. as some record very hainous to the eares of many some whereof I have formerly recited and the residue you may read in Hall Grafton Haywood Trussell and others After which Richard was charged with the foresaid Articles there was an instrument made declaring his Answers and how he consented willingly to be deposed the Tenor of which instrument was as followeth This present Instrument made the Munday the 29. day of September and feast
was thus set in his Throne to the great rejoyceing of the people the Archbishop of Canterbury began there an Oration oâ— Collation in manner as after followeâ—h Vir Dominabitur in populo 1 Râ—gum cap. 9. These be the words of the high and most mighty King speaking to Samuel his Prophet teaching him how he should chuse and ordaine a Governour of his people of Israel when the said people asked of him a King to rule them And not without cause may these words be said here of our Lord the King that is For if they be inwardly conceived they shall give unto us matter of consolation and comfort when it is said that a Man shall have Lordship and rule of the people and not a Childe for God threatneth not us as he sometime threatned the people by Esay 3. Esay I fhall saith our Lord give children to be their Rulers and Princes and weake or fearfull shall have dominion over them But of his great mercy hee hath visited us I truâ—t his peculiar people and sent us a Man to have the rule over us and put by Children that before time ruled this land after childish conditions as by the works of them it hath right lately appeared to the great disturbance of all this Realme and for want and lack of a man For as saith the Apostle Paul in 1. Cor. 14. When I was a childe I savoured and spake as a childe but at the time when I came to the state of a man then I put by all my childish conditions The Apostle saith he savoured and spake as a childe in whom is no stedfastnesse or constancy for a childe will lightly promise and lightly he will breake his promise and doe all things that his appetite giveth him unto and forgeteth lightly what he hath done By which reason it followeth that needs great inconvenience must fall to that people that a Childe is ruler and Governour of nor is it possible for that Kingdom to stand in felicity where such conditions reigne in the head and ruler of the same But now wee ought all to rejoyce that all such defaults bee expelled and that a Man and not a Childe shall have Lordship over us to whom it belongeth to have a sure reine upon his tongue that he may be knowne from a Childe or a Man using childish conditions of whom I trust I may say as the wise man saith in his Proverbs Blessed be the man that hath wisdome and that aboundeth in prudence For that man that is ruled by sapience must needs love and dread our Lord God and whoso loveth and dreadeth him it must consequently follow that he must keep his Commandements By force whereof he shall minister true Justice unto his Subjects and do no wrong nor injury to any man so that then shall follow the words of the wise man which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King being a just and right wise man for the tongue of him worketh not iniquity and injustice but the tongue of the wicked and sinners covereth iniquity And who that worketh or ministreth Justice in due order he not only safe guardeth himselfe but also holdeth the people in a surety of restfulnesse of the which ensueth peace and plenty and therefore it is said of the wise King Solomon Eccles. 10. Blessed and happy is that land of which the King or Ruler is noble and wise and the Princes be blessed that live in his time As who would say They may take example of him to rule and guide their Subjects for by the discretion of a noble and wise man being in authority many evils are sequestred and put apart and all dissemblers put unto silence for the wise man considereth well the great inconveniences which daily now grow of it where the childe or insipient drinketh the â—weet and dilicious words unadvisedly and perceiveth not intoxication which they be mingled or mixt with till he be invironed and wrapped in all danger as lately the experience thereof hath been apparent to all our sights and knowledges and not without the danger of all this Realm and all was for lacke of wisdome in the Ruler which deemed and taught as a childe giving sentence of wilfulnesse and not of reason so that while a childe reigned selfe will and lust reigned and reason with good conscience was outlawed with Justice stedfastnesse and many other vertues But of this perill and danger wee be delivered by the especiall help and grace of God because he that now ruleth is not a childe but perfect in reason for he commeth not to execute his owne will but his will that sent him that is to wit Gods will as a man unto whom God of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man wherefore of this man we shall not onely say that he shall dwell in wisdome but as a perfect man and not a childe he shall thinke and deem and have such circumspection with him that hee shall diligently forelooke and see that Gods will be done and not his and therefore now I trust the words of the wise man Eccles. 10. shall be verified in our King saying A wise and discreet Iudge shall now deeme his people and the Dominion or Lordship of a discreet wise man shall stand stedfast whereupon shall then follow the second verse of the same Chapter saying Like as the Head and Soveraigne is replenished with all sapience and vertue in guiding of his people administring to them Law with due and convenient Iustice so shall the Subjects be garnished with awe and loving dread and beare unto him next God all honour truth and allegiance So that then it may bee concluded with the residue of the foresaid verses Such as the Ruler of the City is such then be the inhabitants of the same So that consequently it followeth A good Master maketh a good Disciple And likewise an evill King or Ruler shall lose his people and the Cities of his Kingdome shall be left desolate and uninhabited Wherefore thus I make an end in stead of a childe wilfully doing his lust and pleasure without reason now shall a man be Lord and Ruler that is replenished with sapience and reason and shall governe the people by skilfull doings setting apart all wilfulnesse and pleasure of himselfe so that the word that I began with may be verified in him Ecce quia vir dominabitur in populo the which our Lord grant and that he may prosperously reign unto the pleasure of God and wealth of his Realm Amen The which Oration being thus finished and the people answering with great gladnesse Amen The King standing upon his feet said unto the Lords and Commons present Sirs I thanke you my Lords Spirituall and Temporall and all the States of this Land and doe you to understand that it is not my will that any man think that by the way
the King in Parliament promiseth to abate his houshold and hereafter to live upon his owne so setling a new forme of his Court which is extant in many hands and intituled Ordinations for the Kings house Anno 3 E. 2. an Ordinance was made for the Kings houshold in ease of the Kings people oppressed with purveyance by reason of the greatnesse thereof and the motive of that Ordinance was to the honour of God and profit of holy Church and to the honour and profit of the King and the benefit of his people according TO RIGHT AND REASON AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Raigne Thus R. 2. did discard the Bohemians Anno 10. by an act of Parliament at the peoples petition surcharged by them Thus H. 4. did with the Gascoignes and Welsh in like sort overburdening and impoverishing the King and Realme with perpetuall suits so that in Court as the Record saith there were no men almost of substance or valiant persons as there ought to be but rascals for the greater part Hence was it that the wisedome of former times foreseeing the mischiefe the open hand of the Soveraigne might bring the state into made a Law 11 R 2. that whatsoever commeth to the King by judgement escheat forfeiture wardship or in any other waies shall not be given away and that the procurer of any such guift shall be punished This Law the Parliament continued 7 H. 4. untill the King was out of debt making frustrate the grants of these and ordaining a penalty of double value to every mover or procurer of such grants The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Councell who might examine it lest that the Kings wants should light upon the Commons And to keep the hand of H. 6. from wastfull giving the Councell enduced him to convey to the Archbishop of Canterbury and others all profits of wards marriages reliefes escheats and forfeitures to defray the charge of his house It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoile for so are the words of the Record And it was the first and chiefest Article to depose R. 2. for wasting and bestowing the Lands and the revenue of the Crowne upon unworthy persons and thereby overcharging the Commons with exactions Nor yet to mention the Parliaments Soveraigne Power and Jurisdiction in making or proclaiming Warre or Peace in which they have oft times not onely advised but overswayed the King in creating the highest Officers in ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more anon or in ordering the Coyne and Money of the Land together with the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry presidents All which together with the Acts concerning his Purveyance Pardons Charters Grants and all Revenues Royall are strong u evidences of its Soveraigne Authority Nor yet to remember that inâ—allible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique servants to their Realmes ought to hazzard their lives for their Kingdomes safety and preservation as many have done in warres against enemies but never ought the whole Kingdome to be lost or hazzarded to preserve the Kings Prerogatives that of Iohn 11. 48 49 50. and chap. 1814. being an undoubtted rule in Divinity and Policy That it is expedient that any one man though a King yea Christ the King of Kings should die for the people that the whole Nation perish noâ— rather then the whole Nation die for him Priorque mihi potior ejus officii ratio esâ— quod humano generi quam quod uni hominum debeâ— as Seneca de Benefic l. 7. Gentilis de Iure Belli l. 1. c. 16. resolve from the light of nature and common reason I shall onely adde this important consideration to illustrate this obscured truth It can hardly seeme probable much lesse credible that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdome and set up an elective or hereditary King over them would so absolutely resigne up their Soveraigne popular â—riginall authority power and liberty to their Kings their heires and successors for ever as to give them an absolute irrevocable uncontroulable Supremacy over them superiour to irrestrainable irresistable or unalterable by their owne primitive inherent Nationall Soveraignety out of which their regall power was derived For this had been to make the Creator inferiour to the Creature the Parent subordinate to the Child the Derivative greater then the Primitive the Servant for Princes are but their Kingdomes publique Ministers more potent then the Master of Freemen to have made themselves and their Posterity absolute slaves and vassals for ever and in stead of a Principality intended only for their greater safety and immunity to have erected a Tyranny to their perpetuall irremediable Oppression and slavery A most brutish sottish inconsiderate rash action not once to be imagined of any people quite contrary to the practice of the Lacedemonians Romans Germans Aragonians and most other Nations who still reserved the Soveraigne power to themselves and never transferred it to their kings or Emperours who were ever subject to their jurisdictions and censures too as I shall manifest at large in the Appendix no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large not by the peoples free election and consents And had our Ancestors or any other Nations when they first erected Kings and instituted Kingly government been demanded these few questions Whether they meant thereby to transferre all their Nationall authority power and priviledges so farre over unto their Kings their heires and successors for ever as not still to reserve the supremest power and jurisdiction to themselves to direct limit restrain their Princes supremacy the exorbitant abuses of it when they should see just cause or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever Or if their King should turne professed tyrants endeavouring to deprive them against all right and justice of their Lives Goods Liberties Religion Lawes or make open warres upon them to destroy them or bring in forraigne enemies upon them to conquer or subject them to a forraigne power without their free consents that yet they should patiently submit themselves to these their unnaturall tyrannicall destructive proceedings without any the least resistance of them by necessary defensive Armes or calling theÌ„ to account for these grosse
Italy both calling and bearing themselves as 〈◊〉 And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus Zeno the Emperour dying without any Heire that might succeed him Anastasius a man of great reputation yet of no Noble Family was chosen his Successor by the Senate and Legions The like we reade of divers other Emperours deceasing without Heire of some of our Saxon and British Kings before the Conquest and of other in Castile Aragon other Kingdomes where the Crowne hath beene translated from one Family to another by the Kingdomes consent for want of Heires Duardus Nonius Leo a learned Portugall Lawyer informes us That Ferdinand King of Portugall dying without any lawfull Heire lineall or collaterall as they beleeved the Estate of that Kingdome assembling at Coimbre elected Iohn a bastard for their King upon this very ground specified in their decree of his Election That King Ferdinand dyed without any lawfull issue or kindred UNDE JURE GENTIUM Whence BY THE LAW OF NATIONS they affirmed it to BE LAWFULL FOR THE PEOPLE TO CHUSE A KING OR GOVERNOUR WHOM THEY PLEASED Beleeving therefore that they had returned to that state WHEREIN BY THE LAW OF ALL NATIONS THEY MIGHT CREATE THEM A KING namely the kingdome being voyd without an Heire They said they might lawfully elect Iohn a most valiant man and one who best deserved of the Common-weale to be their King he being begotten of the stocke of the Kings of Portugall Thus this whole Parliament at Coimbre and this Lawyer there and elsewhere affirmes THAT BY THE LAW OF ALL NATIONS if the King in an Hereditary Kingdome die without Heire THE PEOPLE MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR KING as they do in all elective Realmes Which Ioannes Mariana de Rege Regis Instit. l. 1. c. 3 4. doth likewise averre The reason is Because the whole kingdome and people are the originall supreame Soveraigne power by whose common consent and Authority all lawfull Kings kingdomes and Royalties were at first created and instituted and from whom they derived all their regall Iurisdiction And therefore as all Mesnalties Tenancies and Fees by the deaths of their Tenants without heire returne by way of Escheate to those Lords and Sergniories by whom they were originalâ—y created and all politique Corporation Lands as Abbies Prioies Bishopricks Hospitals and the like by the dissolution of those Corporations by death or otherwise returne to the first founders of them as all Rivers run into the Sea out of which they primitively issue So all successive kingdomes by the selfe same reason upon the Kings decease without any lawfull heires to inherit or succeed them must by all Law right equity revert to the dispose and dominion of all the People of the Realme or to the representative Body thereof the Parliament as to the Supreame Lords and Founders of it from and of whom the King himselfe doth hold the Crowne if I may so speake by those regall duties and services expressed in generall in his Coronation Oath which he takes to all his people and if he die his Heire to the Crowne being within age the Parliament and kingdome as the Soveraigne Lord and power may and usually doth appoint a Guardian and Lord Protector over him as I have elsewhere proved till his maturity to discharge his regall Trust and duty to his people in his name and stead Hence Hugo Grotius in his Booke de Iuâ—e Belli Pacis r. 2. c. 9. sect 8 9 10 11. concludes That if an elective King dye or 〈◊〉 King decease without any knowne heire to succeed him the Empire or Soveraignty 〈…〉 in the King as Head returnes unto and remaines in the people as in the intire body which continues the same it was before And therefore in such cases they may either create a new King if they please as in elective kingdomes or divide the kingdome into parts and erect a new Empire as the Romans Germans and Persians did or change the Government the people in this case being Sui juris having the raines of Government in their owne hands as at first before they erected an hereditary Monarchy to order and dispose of the government as they shall thinke meete it being a thing which in its owne nature is not capable of an Occupancy nor seisible by any unlesse the people will voluntartly desert their owne liberty none having authority to usurpe a regency over them in such a case but by their free assents Upon which ground he holds with Cynus and Raynorius That if the Roman Emperour or any other King by like reason be sicke or taken prisoner so as he cannot administer the government the people of Rome may create and appoint him a Vice-roy to governe them the power of the Emperour and the most absolute Monarch being onely a power of Administration for the peoples good and service not of dominion for his owne profit of which none but the people can dispose as Abberius Gentilis proves at large Yea Bishop Bilson himselfe though a great Royalist positively affirmes That if a King or right Heire to any Crowne be borne or becomes a naturall Foole or starke mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these two cases ANY REALME BY PUBLICKE CONSENT and ADVICE MAY CHUSE ANOTHER KING for what should he doe with a Royall Office or by what divine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this ground King Childerick was deposed by his French and German Subjects generall consents because he was a fool a Sot a Beast unable to govern his Kingdom and Pepin of another race elected and crowned King in his stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of conscience before it was put in execution So Charles the third the last Emperour of Pepins race was deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and France for that he became foolish and unfit to govern being bereaved of his senses and by common consent Arnolph was elected Emperour in his stead Thus Iustinus the second falling into a frenzie and madnesse so that he had no sense nor understanding of any thing that was done was removed and Tiberius placed in the Empire at his Coronation Iustinus used this notable speech Let not the glory of these Imperiall robes lead thee into errour neither be thou deceived with the glorious shew of such things as are subject unto the senses wherewith I my self now alas beig snared have brought my self foolishly into grievous torments Wherefore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and correct what I have lewdly committed And pointing at his ill Counsellors with his finger he said Thou must in no wise be ruled
the Parliament and made some addition to the Kings Prerogative Fifthly Bodin with others as I shall hereafter manifest assure us That the Soveraign Power and Iurisdiction both in the Roman and German Empires and in most forrâ—ign Christian Kingdoms was and yet is in the Senate People Parliaments States Dyets yet this is no empeachment at all to their royall Supremacies or Titles of Supreme Heads and Governours Within their own Dominions no more then the asserting of generall Councells to be above Popes themselves by the learnedst Papists is any derogation as they hold it is not now to the Popes most absolute pretended Soveraignty above all Emperours Kings Princes Prelates Subjects and the world it self of which they affirm him sole Monarch Therefore by the self-same reason this asserting of the whole Kingdoms and Parliaments power to be above the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative Royall If then the Parliaments Power be thus higher and greater then the Kings Personall Power and Jurisdiction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings Personall presence not legall which cannot be severed from the Parliament The Lords and Commons Orders Votes Ordinances made legally in Parliament it self are to be preferred obeyed by all the Kingdom before any His Majesties Proclamations Declarations Commissions Warrants or Mandates made illegally out of Parliament in affront of both Houses proceedings and Decrees since when ever two distinct powers command different thingâ— that are lawfull or of the same nature the higher Power ought still to be obeyed As if a Master commands his Servant one thing and the King another or the King one thing God another the King is to be obeyed before the Master because the Superiour Power but God before the King because the highest Power as the Fathers and Canonists resolve most fully And Doctor Ferne with other asserters of the Kings Prerogative not only grant but prove And therefore presse an absolute Obedience to all the Kings commands against the Parliament on this false ground Because the King say they is the highest Soveraign Power and above the Parliament it self The contrary whereunto being now made evident to all men The Argument falls fatally on them that urge it The Parliament not the King is the most Soveraign Power Ergâ— Its Votes and Ordinances must be preferred and obeyed before the Kings Yea The Parliament being the highest Power the King Himself ought to submit thereto and to be ruled and advised thereby This conclusion though it may seem a Paradox to most men is an undubitable verity both in point of Divinity and Policy as is most apparent by the 1 Sam. 14. 38. to 46. and c. 29 1 to 11. 2. Sam. 18. 2 3 4. c. 19. 1. to 9. 1 K. 12. 1. to 25. 2. K. 20. 7 8 9. 1 Chr. 13. 1. to 6. 2 Chr. 10. 11. c. 30. 2 3 5 23. c. 32. 3. Esth. 1. 13. to 22. c. 9. 23. to 23. Ierâ— 38. 4. to 28. Dan. 6. 4. to 20 Ionah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared together and with Iosh. 20. 11. to 34. Iudg. 20. 1. to 20. where we finde the Princes and people alwayes overruling their Kings who submitted their judgement wholly to them not the Kings overruling their Princes and people who as Iosephus records Antiqu. Iudaeorum l. 4. c. 18. Ought to do nothing besides against or without the sentence of the Senate or Congregation Whence King Zedechiah said unto his Princes Jere. 38. 4 5. The King is not he that can do any thing against you And in point of Law and Conscience even in our own Kings and Kingdom as is clear by 20 E. 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2 3. 3 E. 1. c. 17. and 48 with other Statutes which I shall hereafter cite at large in answer to the fourth Objection concerning the Kings negative voice which Texts and Statutes those who will may peruse at leisure for their better satisfaction And in Pauls time the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unlearned world beleeve but the Roman Senate who had full power not only to elect and command but censure and depose their Emperours and adjudge them unto death as Iohn Bodin acknowledgeth and I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are illegall and destructive to the Kingdom or any private Subjects resisting them by vertue of a publike Ordinance or Countermand from the Parliament is no resisting of the higher Power against Pauls injunction Rom. 13. 1. to 7. as Doctor Ferne and other illiterated Doctors vainly fancy but a direct submission and obedience to the highest Powers the Parliament and those who resist the Parliaments Ordinances and Commands especially such as tend to the preservation of Religion Laws Liberties Priviledges of Parliament and the Kingdom or bringing Delinquents to condign punishment though they do it by vertue of any extrajudiciall countermand from the King or His ill Counsellors do both in point of Law Divinity Conscience resist the higher Powers because they resist the Parliament which is in truth the highest Power as I have manifested not the King and so shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously desire all those Delinquents Papists Malignants ill Counsellors and Cavaliers to consider who contrary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the Realm have like unnaturall Vipers taken up offensive Arms against the Parliament and Kingdom to ruine them Religion Laws and Liberties at once Thirdly Hence it follows That the Resolutions and Declarations of the Lords and Commons in Parliament the supremest Court against the Commission of Array Arming of Papists raising of Forces imposing Taxes to maintain Warre against the Parliament Plundering and the like ought to be obeyed and submitted to as lawfull and binding both by the King Himself the Kingdom and every private Subject whatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament ought not to be obeyed the King himself as our Law Books resolve Being no competent Iudge especially out of his Courts what is Law or what not in those Cases but the Parliament only Which extrajudiciall new device of controlling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and Declarations published in his Majesties name is such a transcendent violation of and contempt against the known priviledges the sacred venerable Authority and power of Parliaments
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
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 fouâ—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 himâ—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 Vastandâ— omnes domos aedificia Baronum divisis agminibus succendebat spolia cum animalibus rapiebat de rapina iniquitatis ministros quos habebat nequissimos saginabat c. sufficiâ—bat ad caâ—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 â—icarii caede humana cruentati noctivagi incendiarii filii Belial strictis ensibus ut delerent a faciâ— terrae ab homine usque ad pecus omnia â—umanis usibus necessaria eductisque cultellis villas domos caemiteria ecclesias perlustrabant omnes spoliabant ita quidem ut nec muliebri sâ—xui nec parvulorum vel decrepitorum parâ—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 â—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 fâ—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 juxtâ— vota tunâ— primo Rex sensit se falsis deceptionibus circumventum Baronum suorum fidelitate ubique licâ—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
they should swarve from â—he way of truth but should give good and wholesome Councell both to the King and Kingdome Whereupon they freely gave the King the 30 th part of all their movable goods except their gold silver horses and armes to be spent on the good of the Republicke with this condition often annexed that the King should leâ—ve the Councell of Aliens and onely use the advise of his naturall Subjects Which Subsidie was ordâ—red to be collected by 4 knights and one clerke in every County and there layd up in some religious house or Castle that if the King should receede from his promise and condition every one might faithfully receive backe his owne againe But no sooner was the Parliament ended but the King breakes all his promises shewes more favour to and is more ruled by strangers then ever before levies the subsidie in a stricter and farre other manner then was prescribed and bestowes most of it on strangers to be transported marrieth his sister Eleanor to Sim â—n Monfort a new come French Exile of meane fortunes suâ—ruâ—eque naturalium hominum consiliis factus est extranâ—us suis bâ— nevolis Regnoque ac Râ—publicae uâ—ilibus factus est cervicosus ita quod per eorum consilium parum aut nihil de negoâ—iis Regni tractaret aut operareâ—ur Which courses with other so incensed the Nobility and generally all the subjects as put them into a new commotion which made him enter into new Articles and promises ratified with seales and Oathes yet still infringed as soone as made After this in the 37. yeare of his Raigne he ratified them in the most solemne and religious manner as Religion and State could ever devise to doe The King with all the great Nobility of England all the Bishops and chiefe Prelates in their Pontificalibus with burning Tapers in their hands assemble to heare the terrible sentence of Excommunication and at the lighting of those candles the King having one of them in his hand gives it to a Prelate there by saying It becomes 〈◊〉 me being no Priest to hold this Candle but my beaâ—â— shall be a greater testimony and withall layd his hand spread upon his breast the whole time the sentence was read in this forme We Boniface Arch-bishop of Canterbury c. by the Authority of Goâ— Almighâ—y and of tâ—e Sonne and of the Holy Ghost and of all Apostle Mâ—rtyrs Confessors Virgins and all tâ—e Saints of God many of them there specially named doe 〈…〉 and separate 〈…〉 Church of God all those who from henceforth wittingly and willingly shall deprive or spoyle the Church of her right likewise all those who by any art or cunning shall rashly violate diminish or altâ—r privily or openly or by 〈◊〉 deed or councell shall rashly come against al oâ— any of the ancient Liberties oâ—â—pprovâ—d customes of the Realme and especially the Libertie and free Customes which are conteined in the Charters of the Common Liberties of England and of the Forest granted by oâ—r Lord the King of England to tâ—e Arch-Bishops Bishops Prelates Earles Barons Knights and Fâ—ee Tenants of England likewise all them who shall make or observe when made any statutes or introduce or keepe when introduced any customes against them or any of them together with the writers Councellors and executioners of such statutes and those who shall presume to judge accordâ—ng to them Insempeternall memory whereof we have thought meete to set our seales And then throwing downe all their Candles which lay smoking on the ground every one cryed out So let every one who incurres this sentence be extinct in hell Then the Bâ—lâ—s ringing cut the King himself solemnely swore and protested with a lowd voyce with his hand upon his brest As God me hâ—lpe I will faithfully and inviolably keep these things as I am a Man a Christian a Knight a KING CROWNED ANO INTED Which done Robert Bishop of Lincolne fore-thinking that the King would violate the foresaid Charters presently caused the like excommunication to be made in all his innumerable Parish Churches which sentence would make mens eares to tingle and their hearts not a little to tremble Never were Lawes amongst men except those holy Commandments from the Mount established with more majestie of Ceremony to make them reverend and respected then were these they wanted but â—hunder and lightning from heaven which if prayers would have procured they would likewise have had to make the sentence ghastly and hideous to the infringerâ—â—ereof The greatest security that could be given was an oath and that solemnely taken the onely chain on earth besides love to tie the conscience of man and humane Society together which should it not hold us all the frame and government must needes fall quite asunder Who would have once imagined that a man a Christian a Knight a King after such a publicke oath and excommunication would ever have violated his faith especially to his loyall Subjects yet loe almost a miracle though over-common among our Kings the very next words in my Historian after this Oath and Excommunication are these The Parliament being thus dissolved the King PRESENTLY using ill Counsell studied how to infringe all the premises these whisperers of Satan telling him that he neede not care though he incurred this sentence for the Popâ— for one or two hundred pounds will absolve him who out of the fulnesse of his power can loose and binde whatsoever he pleaseth c. which the Pope soone after did and the King returned to his former oppressive courses more violently than before Well then might the royall Prophet give us this divine caution O put not youâ— trust in Princes Surely men of high degree are a lye to be layd in the ballance they are altogether lighter thâ—n vainty both in their oathes and promises Hence* Isable Countesse of Arundle a well spoken Lady receiving a repulse from this Kings hands about a Ward whereto she conceived she had right the King giving her a harsh answere and turning from her sayd thus to his face O my Lord King why turne you away your face from justice that we can obtaine no right in your Court You are constituted in the midst betweene God and us but you neither governe your selfe nor us discreetely as you ought You shamefully vex both the Church and Nobles of the Kingdome by all wayes you may which they have not only felt in present but often heretofore The King fired 〈◊〉 so free a speech with a scornefull angry countenance and lowd voyce answered What my Lady Countesse have the Lords of England because you have tongue at will made you a Charter and hired you to be their Orator and Advocate Whereunto she replyed Not so my Lord they have not made any Charter to me but that Charter which your Father made and which your selfe have oft confirmed swearing to keepe the same inviolably and constantly and often extorting money upon promise that the
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
deny to your Lord the King especially when the servants ought not at all to judge their Lord nor the vassalls their Prince nor to restraine him with their conditions Yea verily who ever are reputed inferiours ought rather to be directed by the pleasure of their Lord and to be regulated by his will for the servant is not above his Lord nor yet the Disciple above his Master Therefore he should not be as your King but as your servant if he should be thus inclined to your will Wherefore he will neither remove Chancellour nor Iustice nor Treasurer as you have propounded to him to doe neither will he substitute others in their places He likewise gave a cavilling answer to the other Articles though wholesome enough to the King and demanded an ayde to recover his right in forraigne parts When the Barons heard this answer it appeared more cleere then the light that these things sprung from those ill Councellours whose weakened power would be utterly blowne up if the Councell of all the Baronage should be hearkened to Wherefore they all gave this unanimous peremptory answer That they would grant no ayde at all to impoverish themselves and strengthen the enemies of the King and Kingdome and so the Parliament being dissolved with indignation unusquisque spe fraudatus a Parliamento frustra diu expectato nihil nisi sannas cum frivolis amissis laboribus cum expensis ut solent saepius reportarunt Which when the king had seene he was put into a vehement anger and said to his Councellours Behold by you the hearts of my Nobles are turned from me Behold I am like to lose Gascoigne Poyteirs is spoyled and I am destitute of Treasure What shall I doe Whereupon to satisfie him they caused his Plate and Iewels to be sold and invented sundry new projects to raise monies The very next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them That the chiefe Iusticiar Chancellour and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME which they most certainely beleeved they should obtaine but by reason of the absence of Richard Earle of Cornewall which was thought to be of purpose they returned frustrate of their desire for that time Anno 1254. in another Parliament summoned at London in Easter Tearme the Lords and Commons require and claime againe their former Rights in electing the Iusticiar Chancellour and Treasurer but after much debate the Parliament is proroged and nothing concluded Yet the Lords and Commons would not be thus deluded of their right which to regaine they strained their Jurisdiction to an higher Note then ever they had done before For in the Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes and exactions and Poictovines to domineere and rule all things in England effectually to redresse these grievances and reforme the State of the Realme in a Parliament at Oxford to which they came very well armed by advise of some Bishops among other Articles they demanded of the King That such a one should be chiefe Iusticiar who would judge according to Right c. And that 24. others write 12. persons Whom Fabian stiles the Douze Peeres should there be chosen to have the whole administration of the King and State by reason of the Kings former misgovernment and the YEARELY APIOINTING OF ALL GREAT OFFICERS reserving onely to the King the highest place at meetings and salutations of honour in publike places To which Article the King and his Soâ—ne Prince Edward out of feare not onely assented and subscribed but likewise tooke a solemnâ— Oath to performe them all the Lords and Bishops taking then the like Oath to hold and maintaine these Articles inviolably and further they mâ—de all that would abide in the Kingdome to sweare also to them the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them Which Articles the King and his Son labouring by force of Arms to annull they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments By vertue of these Articles enacted thus in Parliament those Lords not only removed old Sherifes of Counties appointed by the King and put in new of their owne chusing but likewise displaced Philip Lovell the Kings Treasurer with divers Officers of the Exchequer and sundry of the Kings meniall servants setting others whom they liked in their places and made Hugh Bygod Lord Chiefe Justice who executed that Office valiantly and justly nullatenus pâ—rmittens jus Regni vacillare creating likewise a new Chancellour and removing the old After this in a Parliament at London Anno 1260. they consulted about the electing of new Justices and of the Chancellour and Treasurer of England for the following yeare these places being made annull by the former Parliament in pursuance whereof Hugh Bigod his yeare expiring Hugh Spenser was by the Lords and Parliament appointed to be his successour and made Lord Chiefe Iustice and likewise Keeper of the Tower of London by the consent of the King and Barons and by authority of this Parliament the Abbot of Burgh succeeded Iohn de Crakedale in the Treasurership and the Great Seale of England was by them committed to the custody of Richard then Bishop of Ely The very next yeare 1261. the Barons with the consent of the selected Peeres discharged Hugh Spenser of his chiefe Iusticeship when his yeare was expired and substituted Sir Philip Basset in his roome In which yeare the King appointed Justices of Eyre through England without the Lords contrary to the Provisions of the Parliament at Oxford they coming to Hereford to keepe a Sessions there and summoning the County to appeare before them on Hockeday divers chiefe men of those parts who sided with the Barons assembled together and strictly commanded those Iudges not to presume to siâ— against the Ordinances of Oxford neither would any other of the people answer them in any thing whereupon acquainting the King with this opposition they departed thence without doing ought and the King making this yeare new Sherifes in every Couunty displacing those the Barons had made the inhabitants of each County hereupon marfully repulsed them and would not obey nor regard nor answer them in any thing whereat the King was much vezed in minde and upon a seeming shew of reconciliation to the Barons going to Dover and Rochester Castles committed to the Barons custody for the Kingdomes safety they permitted him to enter peaceably into them without any resistance Upon which minding to breake his former oaths for the keeping of the Oxford Articles he first seiseth upon these and other Castles and then coming to Winchester Castle where he had free entrance permitted him by the Barons who suspected no ill dealing he tooke it into his owne custody whether he called to him the Chiefe Iustice and Chancellour not long before made that yeare by the Barons commanding them to
that in every Parliament at the third day of the same Parliament the King shall take to his hands the Offices of all the Ministers aforesaid and so shall they abide 4 or 5 dayes except the Offices of Iustices of the one place and the other Iustices assigned Barons of the Exchequer so alwayes that they and all other Ministers be put to answer to every complaint And if default be â—ound in any of the said Ministers by complaint or other manner and of that be attainted in the Parliament he shall be punished by judgement of his Peeres out of his Office and other convenient set in his place And upon the same our said Soveraigne Lord the King shall doe to be pronounced to make execution without delay according to the Iudgement of the said Peeres in the Parliament Loe here an expresse Act of Parliament ordained and established by King Edward the third by assent of the Prelates Earles Barons and other great men and of all the Commonalty of the Realm which this King did give and grant for him and his heires firmely to be kept and holden for ever that all great Officers Barons Iudges and Iustices of the Kingdome and chiefe attendants about the King and Prince should not onely take the fore-mentioned Oath but be elected alwayes by the accord of the great Men and good Councell neare and about the King out of Parliament and by the Peeres in Parliament and the King bound to make execution according to their Iudgement This Law as I conceive was never legally repealed by Parliament but onely by this Kings Proclamation by the ill advice and forced consents of some few Lords and Councellours about him upon pretence that he never freely assented to it but by dissimulation onely to obtaine his owne ends that Parliament which else would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid Which consideration makes me confident that the Parliament being so eager to obtaine this Law would never so soone yeeld wholly to repeale it and so for ought I know it stands yet in force to justifie the present Parliaments claime in this particular In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. divers notable Oathes are prescribed to Iudges Iustices and other Officers and that they shall not delay nor forbeare to doe right for the Kings great or little Seale or any letters from him or any other but goe forth to doe the Law notwithstanding them In the Yeare 1375. the 50 of Edward the 3d. his raigne a Parliament commonly called the good Parliament by our Historians being assembled the King required a Subsidie by reason of his warres to which the Commons answered that they could no longer beare such charges considering the manifold most grievous burdens they had from time to time borne before and that they knew full well that the King was rich enough to defend him and his Land if his Land and the Treasure were well guided and governed but it had beene long evill ruled by evill Officers so that the Land could not be plenteous neither with Merchandize chaffer nor riches By reason whereof and of their importunate charges the Commonalty was generally impoverished Moreover the Commons complained upon divers Officers that were the causers of this mis-order whereof the Lord Latimer then Lord Chamberlaine was principall and Dame Alice Piers the Kings Concubine who would usually in most impudent manner come in person into all Courts of Iustice and sitting by the Iudges and Doctors perswade or disswade them to judge against the Law for her owne advantage on that side for which she was engaged to the great scandall and dishonour of the King both in his owne and other Realmes and Sir Richard Scurry Knight by whose Councells and sinister meanes the King was mis-guided and the government of the Land disordered Wherefore they prayed by the mouth of their Speaker Sir Piers de la Mare that the said persons with others might be removed from the King and others to be set in authority about his person as should serve for his honour and for the weale of his Realme Which request of the Commons by meanes of the Noble Prince Edward was accepted so that the said persons with the Duke of Lancaster and others were removed from the King and other Lords by advise of the said Prince and other wise Lords of the Realme PER PARLIAMENTVM PRAEDICTVM writes Walsingham were put in their places such as the Prince and Peers thought fittest Moreover in this Parliament at the Petition of the Commons it was ordained That certaine Bishops Earles and other Lords should from thence forth govern both the King and Kingdom the King being then in his dotage unable to governe himself or the Kingdome because the king was growne old and wanted such Governours This passage is thus expressed in the Parliament Roll of 50. E. 3. numb 10. Also the Commons considering the mischiefes of the Land shewed to the King and Lords of the Parliament that it shall be for the honour of the King and profit of all the Realme which is now grieved in divers manners by many adversities as well by the wars of France Spaine Ireland Guyon and Bretaigne and else-where as likewise by the Officers who have been accustomed to be about the King who are not sufficient at all without other assistance for so great a government wherefore they pray that the Councell of our Lord the King be inforced or made up of the Lords of the Land Prelates and others to the number of 10. or 12. which the King shall please to remaine continually with the King in such manner that no great businesse shall passe or be there decreed without all their assents and advice and that other lesser businesses shall be ordered by the assent of 6 or 4. of them at least according as the case shall require so that at least 6. or 4. of such Counsellours shall be continually resident to councell the King And our Lord the King considâ—ring the said request to be honourable and very profitable to him and to all his Realme hath thereto assented provided alwayes that the Chancellour Treasurer or Keeper of the Privy seale and all other Officers of the King may execute and dispatch the businesses belonging to their Offices without the presence of the said Councellours the which the King hath assigned c. But this Ordinance lasted scarce three moneths for after the Commons had granted a Subsidy of foure pence the pole of all above foureteene yeares old except Beggars Prince Edward dying and the Parliament determining these removed ill-officers got into the Court and their offices againe and by the instance and power of Alice Piers the Speaker De la Mare was adjudged to perpetuall prison in Nottingham Castle an Act without example in former times and which did no good in this where he remained prisoner
these â—iberties and that which we have sworne ALL OF US ARE BOUND TO OBSERVE But where the Acts to which the assent is gained are unjust or illegall such to which the King was not bound by Oath or duty to consent but meerely out of necessity to avoid imminent danger of death or other mischiefe and where the whole Parliament was enforced as well as the King there the acts may be avoided by Duresse as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1 which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne and all indictments made by Duresse through the Rebellion Tyranny and Menaces of Iack Cade and his rebellious rout of Traytors and by 39. H. 6. c. 1. 15. E. 3. stat 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills being publike Acts done in a legall forme are not meerly void but good in Law till they be repealed and nullified by a subsequent Parliament as is evident by the next forecited Statutes even as a Marriage Bond or deed made by Duresse or Menace are good in Law and not meerly void but voidable only upon a Plea and Tryall And if subsequent Parliaments refuse to repeal these forced Laws and to declare the Royall assent thereto by coertion void or illegall the King cannot avoid them by Duresse because his Royall assent is a judiciall Act in open Parliament which his oath and duty obliged him to give and the Lawes are rather the Parliaments Act which was not forced then his owne but they remaine in full vigour as if he had freely assented to them which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse against the will and liberty of the King and right of his Crowne as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more during which time there were no lesse then 8. Parliaments held under this King because these Parliaments refused to reverse them upon this pretext of Duresse and the Parliament of 1 H. 4 c 2 3 4. received and confirmed them From all which premises I humbly conceive I may infallibly conclude That the King in passing the fore-mentioned kinde of Bills of Common Right and Iustice for the Kingdomes and the Subjects weale and safety hath no absolute negative voyee but must and ought of common right and Iustice by vertue of his Royalloath and duty to give his ready and free assent unto them without any tergiversatiâ—n And so the Parliament in their Declarations to this purpose hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular Nor yet those members in it eclipsed his royall grace who have upon occasion given affirmed the Petition of Right the Bills for Trieniall Parliaments which before by Law were to be annuall at least the continuance of this Parliament without adjournment for the Kingdomes necessary preservation the acts against Shipmoney Forest-Bounds c. illegall new invented grievances and oppressions not heard of in former Kings Reigns and the Statutes for the suppression of the Star-Chamber High Commission Knighthood and Bishops votes lately growen intollerable grivances and mischeifes to the Realme Especially since his Majesties Reigne to bee no acts of most transcendent Grace such as never any Prince before vouchsafed to his people as they are daily cried up in Presse and Pulpet but Bills of meere Common Right and Iustice which the King by his Royall Office Oath Duty in Law and Conscience ought to assent unto and could not without apparent injustice deny to passe when both Houses urged him thereunto the rather because the unhappy fractions of all Parliaments and Grievances of these Natures under his Majesties own Reign and Government occasioned by his evill Councellers were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security if the sword now drawen to suppresse the Parliament and cut these Gordians or rather Cobwebs as Diogenes once termed Laws a sunder deprive them not of their benefit before they scarce enjoy it I should now here proceed to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists Delinquents and pillaging murthering Cavaleers whose grand designe is onely to set up Popery and an absolute tyrannical Government over our consciences bodies estates in defense of their own persons priviledges the Subjects Laws Liberties Properties and our Protestant established Religion devoted by Papists to eternall ruine as we have cause to feare to be just lawfull and no treason nor rebellion at all against the King neither in point of Law nor conscience And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre by an Ordinance of both Houses onely without the Kings assent now wilfully absent from and in armes against his Parliament and People with their distraining and imprisoning of such as refuse to pay it and their confinement and securing of dangerous Malignants to be justifiable by Law and ancient presidents with other particulars not yet so fully discussed by any as is desired But this part being already growne somewhat large and having lingred much longer at the Presse then I expected I have thought it more convenient to reserve the remainder for a future Treatise by it selfe then to hinder the state of the present benefit which it may receive by this through Gods blessing ere the other can â—ee compleated which I hope will fully un-blindfold the hood-winkt world and either satisfie the consciences or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings and the Soveraigne Power of Parliaments and Kingdoms over their Kings themselves which I shall more copiously manifest in the Appendix FINIS partis secunda THE THIRD PART OF THE SOVERAIGNE POWER 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 Iust 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 2 Sam. 10. 12. Be of good courage and let us play the men for our People and for the City of
5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipulation of every member of any Republicke State or Society of men for mutuall defence one of another upon all occasions of invasion made at their first association and incorporation into a Republike state kingdome Nation of which we have a pregnant example Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it or shall himself become an open enemie to it the Subjects are obleiged by the self-same reason law equity especially upon the Parliaments command to Arm themselves to defend their Native Country Kingdome against these forraigne and domesticke Forces and the King himselfe if he joyne with them as farre forth as they are bound to doe it upon the Kings own Writ and Commission in case he joyned with the Parliament and Kingdome against them the necessary defence and preservation of the Kingdome and themselves and of the King onely so farre forth as he shewes himselfe a King and Patron not an enemie of his Kingdome and Subjects being the sole ground of their engagement in such defensive warres according to this notable resolution of Cicero Omnium Societâ—tum nulla est gratior nulla cariâ— quà m ea quae 〈◊〉 Reâ—ublica est unicuique nostrum Cari sunâ— pareâ—tâ—s cari liberi propinqui familiares SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST iro qua quis bonus dubitâ—t mortem oppetere si ei sit profuturus Quo est detestabilior illorum immanitas qui lacerant omni scelere Patriam nâ—a funâ—itus delenda occupati sunt fuerunt and seeing kings themselves as well as Subjects are bound to hazard their lives for the preservation of their Kingdomes and peoples safetie and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives as I have elsewhere manifested it cannot be denyed but that every Subject when the King is unjustly divided against his Kingdome Parliament and People is more obleiged to joyne with the kingdome Parliament and his Native dearest Countrey who are most considerable against the King than with the king against theâ— and rather in such a case than any other because there is lesse neede of helpe and no such danger of ruine to the whole Realme and Nation when the King joynes with them against forraigne invading enemies as there is when the king himselfe becomes an open intestine Foe unto them against his Oath and Duty and the Peopâ—es safety being the Supremest Law the Houses of Parliament the most Soveraigne Authoritie they ought in such unhappie cases of extremitie and division to oversway all Subjects to contribute their best assistance for their necessary just defence even against the king himself and all his Partisans who take up Hostile Armes against them and not to assist them to ruine their owne Country Kingdome Nation as many as now over-rashly do Fifthly I conceive it cleare Law that if the King himselfe or his Courtiers with him shall wrongfully assault any of his Subjects to wound rob or murther them without just cause that the subjects without any guilt of Treason or Rebellion may not onely in their owne defense resist the King and his Courtiers assaults in such a case and hold their hands as Doctor Ferne himselfe accords but likewise close with and disarme them and if the King or his Courtiers receive any blowes wounds in such a case or be casually slaine it is neither Treason nor Murder in the Defendants who had no Treasonable nor murtherous intention at all in them but onely endeavoured their own just defence attempting nothing at all against the kings lawful Royall authority as is cleare by all Law Cases of man slaughter se defeâ—dendo and to put this out of question I shall cite but two or three cases of like Nature It hath beene very frequent with the Kings of England France and oâ—her Princes for triall of their man hood 〈◊〉 runne at Iousts and fight at Barriers not onely with forraigners but with their owne valiantest Lâ—rds and Knights of which there are various Examples In these Martiall disports by the very Law of Armes these Subjects have not onely defended themselves against their kings assaults and blowes but retorted lance for lance stroke for stroke and sometimes unhorsed disarmed and wounded their Kings our Kiâ—g Henry the eight being like to be slaine by the Earle of â—uffolke at a 〈◊〉 in the 16. yeare of his reigne and no longer since then the yeare 1559. Henry the 2 d King of France was casually slaine in a Ioust by the Earle of Mountgommery his Subject whom hee commanded to Iust one bout more with him against his will whose Speare in the counter-blow ran so right into one of the Kings eyes that the shivers of it peirced into his head perished his braine and slew him yet this was Iudged no Treason Fellony nor offence at all in the Earle who had no ill intention If then it hath ever beene reputed lawfull and honourable for Subiects in such militarie exercises upon the challenges of their kings to defend themselves couragiously against their assaults and thus to fight with and encounter them in a martiall manner though there were no necessity for them to answer such a challenge and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony then much more must it be lawfull by the Law of Armes Nature and the kingdome for the Parliament and subjects in a necessary just unavoydable warre to defend resist repulse the kings and his Cavaleers personall assaults and returne them blow for blow shot for shot if they will wilfully invade them and if the king or any of his Forces miscarry in this action they must like King Henâ—y the 8 th when endangered by tilting blame themselves alone and have no other just legall remedie but pâ—tience it being neither Treason Rebellion nor Murther in the defensive party and most desperate folly and frenzie in any Prince to engage himselfe in such a danger when he neede not doe it I reade of Charles the first of France that he fell sodainely destracted upon a message he recâ—ived from an old poore man as he was marching in the head of his Army and thereupon thinking himselfe betrayâ—d incountred his owne mâ—n and slew two or three of themâ—ere they were ware of him wounding others Whereupon they closing with him disâ—rmed and led him away forceably keeping him close shut up like a Bedlam â—ill he recovered his senses I thinke no man in his right wits will deeme tâ—is their action Treasonable or unlawfull neither did the king or any in that age thus repute it If then a King in an angry franticke passion for Irâ— brevius furor est shall take up
Armes against his loyall Subjects and assault their persons to murther them and spoyle their goods if they by common consent in Parliament especially shall forcibly resist disarme or restraine his person till his fury be appeased and his judgement rectified by better councells shall this be Treason Rebellion or Disloyaltie God forbid I thinke none but mad men can or will averre it It was a great doubt in Law till the statute of 33. H. 8. c. 20. setled it If a party that had committed any high Treasons when he was of perfect memory after accusation examination and confession thereof beâ—came madde or lunaticke where he should bâ— tried and condemned for it during this distemper And some from that very act and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas 16. b. and Cooke l. 4. f. 124. Beverlyes case which resolve that a Lunaticke or Non Compos cannot be guilty of murther feloney or petite Treason because having no understanding and knowing not what he doth he can have no fellonius intention conceive that a reall mad-man cannot be guilty of high Treason though Sir Edward Cooke in Bevâ—rlies case be of a contrary opinion if he should assault or kill his king And I suppose few will deeme Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree shot at a Deere high Treason neither was it then reputed so or he prosecuted as a Traytor for it because he had no malicious intention as most thinke against the King or any thought to hurt him But I conceive it out of question if a king in a distracted furious passion without just cause shall invade his subjects persons in an open hostile manner to destroy them it neither is nor can be Treason nor Rebellion in them if in their owne necessary defence alone they shall either casually wound or slay him contrary to their loyall intentions and those Statutes and Law-bookes which judge it high Treason for any one maliciously and trayterously to imagine compasse or conspire the death of the King will not at all extend to such a case of meere just defence since a conspiracie or imagination to compasse or procure the Kings death can neither be justly imagined nor presumed in those who are but meerely defensive no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice in which a Pardon by Law is granted of course however questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings in such a defensive warre Sixthly suppose the King should be captivated or violently led away by any forraign or domesticke enemies to him and the kingdome and carried along with them in the field to countenance their warres and invasions upon his loyallest Subjects by illegall warrants or Commissions fraudulently procured or extorted from him If the Parliament and Kingdome in such a case should raise an Army to rescue the King out of their hands and to that end encountring the enemies should casually wound the King whiles they out of loyalty sought onely to rescue him I would demaund of any Lawyer or Divine whether this Act should be deemed Treason Rebellion or Disloyalty in the Parliament or army Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case those that come onely to rescue the King and so fight really for him indeed though against him in shew and wound him in the rescue Or those who in shew onely fought for him that they might still detaine him captive to their wills Doubtlesse there is no Lawyer nor Theologue but would presently resolve in such a case that the Parliaments Army which fought onely to rescue the King were the loyall Subjects and the Malignants army who held him captive with them the onely Rebels and traytors and that the casuall wounding of him proceeding not out of any malicious intention but love and loyalty to redeeme him from captivity were no trespasse nor offence at all being quite besides their thoughts and for a direct president It was the very case of King Henry the third who together with his sonne Prince Edward being taken Prisoner by the Earle of Leycester in the battle of Lewis and the Earle afterwards carrying him about in his Company in nature of a Prisoner to countenance his actions to the great discontent of the Prince the Earle of Glocester and other Nobles hereupon the Prince and they raising an Army encountred the Earle and his Forces in a battle at Evesham where the King was personally present slew the Earle Routed his Army and rescued the king in this cruell battell the king himselfe being wouded unawares with a Iavelin by those who rescued him was almost slaine and lost much of his blood yet in a Parliament soone after sommoned at Winchester Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels but those who rescued them though with danger to his person rewarded as his loyall subjects And is not this the present case A company of malignant ill Councellors Delinquents Prelates Papists have withdrawne his Majestie from his Parliament raised an Army of Papists Forraigners Delinquents and Male-contents to ruin the Parliament Kingdome Religion Lawes Liberties to countenance this their designe they detaine his Majestie with them and engage him all they can on their side the Parliament out of no disloyall intention but onely to rescue his Majesties person out of their hands to apprehend delinquents preserve the Kingdome from spoyle and defend their Priviledges Persons Liberties estates religion from unjust invasion have raised a defensive Army which encountred these Forces at Edgehill where they say the King was present slew the Lord Generall Earle of Lindsey with many others and as they never intended so they offered no kind of hurt or violence at all to his Majesties person then or since and now full sore against their wils Petitions endeavours for peace they are necessitated to continue this offensive warre for their owne and the Kingdomes necessary preservation The sole question is Whether this Act this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion and who are the Traytors and Rebells in this case Certainly if I understand any Law or Reason the Parliament and their Forces are and must be innocent from these crimes and their opposite Popish Malignant Cavaleers the onely Rebels and Traytors as this Parliament the onely proper Judge of Treasons hath already voted and declared them in point of Law Seventhly it is Littletoâ—s and other Law-bookes expresse resolutions That if a man grant to another the Office of a Parkership of a Parke for life the estate which he hath is upon condition in Law though not expressed that he shall well
warre upon them to destroy them Not to trouble you with Histories of Stagges and other beasts which have killed men thâ—t chased them in their owne defence of which there are infinite examples in the Roman and Spanish Histories in those Amphithreatricall sports and spectacles wherein men encountred and fought with Lyons Tygers Beares Buls and other savage Bâ—asts I shall onely recite some few examples even of Kings themselves who have beene slaine and devoured by such beasts as they have chased Madâ—â— King of Britain as Polycronicon Fabian Grafton and others record being in his disport of hunting was slain of the wilde beasts he pursued when he had reigned 40. yeares so was his sonne King Mempris slaine and destroyed in hunting in the same manner Merindâ—â— King of Brittaine was devoured by a Sea monster which he encountered and Basilius the 33. Emperour of Constantinople hunting a Stag of an extraordinary greatnesse and thiâ— king to cut off his necke with his sword the Stagge ranfiercely at him gored him with his hornes on which he tossed him bruised his entralls whereof he dyed some few dayes after and had beene slaine immediately on the beasts hornes had not one there present drawne his sword and cut off his girdle by which he hung on the hornes to whom he gave a very ill requitall for this loyall service other stories of kings slaine by beasts in their owne defence occure in story and examples of kings slaine by men in and for their preservation are almost innumerable that of our king Edmond is observable among others who as our Historians write being at a feast at Pulkers Church on Saint Augustines day espied a theefe named Leof whom he had formerly banished sitting in the Hall whereupon he leapt over the Table assaulted Leof and plucked him by the haire of the head to the ground who in his owne defence wounded the king to death with a knife hurt many of his servants and at length was himselfe hewen all in peeces But that of our King Richard the 1. is more remarkeable who being shot in the arme with a barbed Arrow by one Peter Basil or Bertram Gurdon as others name him at the siege of Chaluz Castle in Aquitain which rebelled against him the Castle being taken and the king ready to dye of the wound commanded the person that shot him to be brought into his presence of whom he demanded What hurt he had done him that provoked him to this mischiefe To whom he boldly replyed Thou hast killed my father and my two Brothers with thine own hand and now wouldest have slain me take what revenge thou wilt I shall willingly endure what ever torture thou canst inflict upon me in respect I have slaine thee who hast done such and so great mischiefe to the world The king hearing this his magnanimous answer released him from his bonds though he slew the rest and not onely forgave him his death but commanded an hundred shillings to be given him If then bruites by the very law of Nature have thus defended themselves against kings who have violently assaulted them even to the casuall death of the assailants Why men by the selfesame Law may not justly defend themselves against the unjust assailing warres of their Princes and Armies without Treason or Rebellion exceeds my shallow understanding to apprehend and I doubt those very persons who now plead most against it onely to accomplish their owne pernicious designes would make no scruple of such a necessary defensive wars and resistances lawfulnesse were the case but really their own and those Papists and Cavalieers who now take up armes against the Parliament the supreamest lawfull power in the Realme and their owne native Country without checke of Conscience would doubtlesse make no bones at all forcibly to resist or fight against the King himselfe should he but really joyne with the Parliaments Army against them and their designes there being never any Souldier or Polititian but those onely who were truely sanctified and religious that made any conscience of fighting against yea murthering of his naturall king not onely in a lawfull defensive warre but in a Trayterous and Râ—bellious manner too if he might thereby advantage or promote his owne particular interests as is evident by the councell and speech of Davids souldiers and King Saul himselfe 1 Sam. 24. 4. 5. 6. 7. 18. 19. 21. by the words of Abishai to David 1 Sam. 28. 8. 9. 23. 24. by the Councell of Achitophell which pleased Absolon and all the Elders of Israel well 2 Sam 17. 1. 2. 3. 4 and the infinite number of Emperours of Kings which have beene trayterously and rebelliously slaine without any just occasion by their own Souldiers and that in a meere offensive not defensive way above halfe the Roman Grecian and German Emperours dying of such assassinations or poysonings very few of them of meere naturall deathes as the Histories of their lives declare Eighthly It is in a manner agreed by Historians Polititians and Divines that if a King will desert the defence and Protection of his people in times of warre and danger and neither ayde nor protect them against their enemies according to his Oath and Duty they may in such a case of extremity for their owne necessary defence and preservation desert him who deserteth them and elect another King who can and will protect them from utter ruin Vpon this very ground the Brittons of this Nation after many hundred yeares subjection to the Roman Emperors rejected their yoake and government when they refused and neglected to defend them against the barbarous Picts and others who invaded them when they had oft craved their assistance electing them other Patriots So the Spaniards being deserted by the Roman Emperors and left as a prey to their enemies abandoned their government and elected them Kings of their owne to protect them which they justified to be lawfull for them to doe And in like manner 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 Pâ—pin for their King who was both able and willing to protect them Vpon this very ground the Emperours Charles the third and Wencestius 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 governmeÌ„t 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 Lauresheâ—m and Aâ—monius 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 Deâ—onnaire 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 â—arliament to which of them the kingdome should belong The elder of these two brethren was named Miligastus and the yonger Celeaâ—raeus Now albeit the custome of the said kingdome adjudged the Crowne to the eldest according to the right of 〈◊〉 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 CARRIAGE after full hearing of both parties BY SENTENCE of PARLIAMENT the Kingdome was adjudged to the younger Brother statâ—â—t ut junior frater delatam sibi à Populo suo potâ—statem 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 theÌ„ when they are invaded by a forraign enemy And if Kings in case of â—otâ—ishnesse 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 Bishop Bilson asserts and I have manifested elsewhere 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 selfefame 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 Iohn 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 turnâ— a Tyrant he may lawfully at his Subjects request be invaded resisted condâ—mâ—ed 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 lâ—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 Hercuâ—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 Tamerlain Emperour of the Tartars denounced warre unto Bajazet King of the Turkes who then besieged Constantinople saying That he was comming to chastise his Tyrannie and to deliver the afflicted people and vanquishing him in battle routed his Army and taking the Tyrant prisoner he kept him in chains in an Iron Cage till he dyed Neither in this case is it materiall that such a vertuous Prince being a stranger proceede against a Tyrant by open forcâ— or fiercenesse or else by way of justice True it is that a valient and worthy Prince having the Tyrant in his power shall gaine more honour by bringing him unto his tryall to chastise him as a murtherer a manqueller and a robber rather than to use the Law of Armes against him Wherefore let us resolve on this that it is lawfull for any stranger Prince to kill a Tyrant that is to say a man of all men infamed and notorious for the oppression murder and slaughter of his subjects and people And in this sort
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other proâ—â—cured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robâ—rt Baldocke and Edmoâ—d Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robert and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to Francâ— to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westminster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed my trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adnulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and dâ—tâ—ined Prisoâ—â—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt or punishment or prosecution whatsoever against them Which consideration makâ—s me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of â—ll the Realme much more must our Parliaments present defensive warre against his Majesties 〈◊〉 Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuite Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronarion of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this perfidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guiâ—ed by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doe Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 8000. others were slaine on the kings part by the Duke of Yorke and his companions and the king in a manner defeated The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PVBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke anâ— these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull Lords and liege People of the King and that they might finally destroy the said lawfull Lords and Liege People and their Issues and Heires forever as now the Kings ill â—ounseilors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Letter of Sir Iohn Bâ—ooks giving advise to this purpose to his Majestie and this Assembly was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted
these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King de facto being crowned by Parliament but an Vsurper and bloody Tyrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like ramping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so flew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realâ—e of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assiâ—ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamâ—ntall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King Iames by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King Iames and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could 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 â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s 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 thâ—se Enormities Pressures grievances in Church and State which threatnâ—d 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 aâ— the Rights of his Crowne are vested in hâ—m for his Subjects sake That the Prinâ—e may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is â—ound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preseve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sufficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull uniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or fer booty propter praedam enim militare peccatum est Whence Iohn Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nations yea By all Lawes whatsoever and the very dictate of Reason And that a necessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violâ—nce And therefore must of necessitie be acknowledged lawfull because directly opposite to and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions which are both sinnefull and unlawfull And so can be no Treason no Rebellion no crime at all though our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Grotius de Iure Belli l. 2. c. 1. I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre with the words of Albericus Gentilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Iure Belâ—i Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. cap 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great preparations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not
another Prince neither doe I suffer those things to bee distinguished which are most firmely glued together by nature I meane that kinred with all among all Neither here otherwise may one Prince have inspection over another Prince but such as may happen by every other Warre wherein one Prince carries himselfe as a judge both of himselfe and of another If a question were among private men it were most unjust to goe to a Forraigne Prince about it Also if there arise a difference betweene a private man and his Soveraigne there are Magistrates appointed which may be sought unto But when the controversie is touching the Common-wealth there neither are nor can be any judges in the City I call that a publike matter when such and so great a part of the Subiects is moved that now there is need of Warre against those that defend themselves by Warre And as if those should come into part of the Principality of the publike and are Peeres to the Prince who can doe so much as hee Even as one King is said to be equall to another who can resist another offering wrong however greater and more powerfull although I say not these things of the Subjects themselves unlesse it be in respect of Forraigne Princes which will ayde the Subject against their Soveraigne and who can ayde them no otherwise then in a controversie as I have expounded of the Common-wealth And indeede if the Subjects be used more cruelly and unjustly this opinion of defending is approved even of others who both bring that laudable example of Hercules the Lord of Tyrants and Monsters There is also the example of Constantine who ayded the Romans against Maxentius as I noted before We defend Sonnes against injust Fathers Adde now those golden Sayings of Seneca That being cut off whatsoever it was whereby he did cleave unto me the Society of humane right is cut off If he doe not impugne my Countrey but is burdensome to his owne and being bannished my Countrey doth vexe his owne yet so great naughtinesse of minde hath cut him off although it maketh him not an enemy yet hatefull unto mee And the reason of the duty which I owe unto mankinde is both more precious and more powerfull with me then that which I owne to one single man Thus verily or else we make all men forreigners to all Princes if we determine that they can doe according to their pleasure and lust Now what if the cause of the Subject be unjust The foresaid Authors deny that men ought to ayde uniust Forraigne Subjects least any by so ayding introduce the same Law into his owne Kingdome which the Corinthians did before Yea Aristotle thinkes that neither a wicked Father is to be loved nor assisted with helpe But this is false of a Father as I taught in a certaine Disputation perhaps it is more true that those may be defended of us by war who are unjust For if it be a just warre which is to repulse a wrong although they that repulse an injury have given occasion to the warre the same it seemes may be determined in the defence of others even of Subjects for the same reason Surely there is that iniquity in Warre that it will make the same man to pronounce law to himselfe in his owne cause or verily willing to pronounce it Vpon which pretence another Prince may bring ayde on the contrary side that things may more civelly be composed without warre And this is that which Pyrrhus did when he came to ayde the Tarentines against the Romanes he admonished them first that they would by their owne endeavour put an end to the Controversie although neither the Romans would not unjustly hearken unto the King or because they might deservedly suspect him as being sent for by enemies armed with enemies ready to fight for enemies and of kinne to enemies Hee that stands armed with another is said to bring helpe and ayde unto him neither is there neede to proove any thing against that at all Even he that armes himselfe is beleeved to thinke upon warre And if he that is the friend of an enemie bee excluded from being a witnesse much more from being a Iudge For it is easier if any be received for a witnesse then a Iudge The friend of my enemy is not presently ment my enemy as neither my friends friend is my friend but there is a great suspition of them both and of the friend of an enemy the more But I returne to the question We are bound both to defend justly unjust Sonnes against the cruelty of a Father or Servants against the cruelty of a Master and we laudably indeavour that by fury here is Warre no not wicked men should be chastened and punished for fury and warre have no measure And he that led by humanity or pitty or any other approved and just cause hath received another mans Servant is not bound by the Statute of a corrupt Servant and that reception is accompted in the nature of good c. Even he is commended who being angry with his servants committed them to be punished by another this commendation being added because he himselfe was angry Therefore a good Prince will have the Liberty of rage against his own Subjects to be taken from him being angry as a good Father as a good Master and he will alwaies judge That Kingdomes were not made for Kings but Kings for Kingdomes which is most true This also of Plato availeth that we ought to use Eloquence chiefely to accuse our friends to whom it is the best thus to be drawn from future evils And so I thinke that we may defend unjust Forreigne Subjects yet to this end onely for the keeping off immoderate cruelty and too severe punishment Seeing it is not inhumane to doe good to those that have offended Yet I dare affirme that this reason of bringing helpe doth seldome stand alone but that another of necessity and profit may be pretended or truely shewn as is said before Behold now is the greatest question If the English have justly ayded the Hollanders because their cause was unjust the Hollanders were even now Subjects to the Spaniards both which notwithstanding are false It was said that a Warre was to bee undertaken upon that occasion that a good Peace might be obtained of the Spaniard which otherwise as is thought could not have beene had And so truly Warre is lawfully undertaken as our men alledge And the most wise reason of the Physicians maketh for it That if any Feaver be slow which holds the body and which yeelds to no cure then the Disease is to be changed yea to bee augmented and heightned For when it doth not receive cure for the present as it is it may receive that cure which is future But even Warre might have beene undertaken without that evill of an unfaithfull Peace As there be many bonds of neerenesse
between the English and the Hollander the ancient friendship with the Dukes of Burgondy the familiarity of these people and the old Consanguinity all the rest which are noted at the end of the former Chapter And therefore with Cicero They thinke not that the nocent are not to be defended if they be the friends of a good man Adde one thing of great moment that the Hollanders overcome in Warre should altogether change their condition and we see it in the conquered part being for the most part cast downe from their ancient Liberty and for the most part oppressed with Garrisons are governed now onely at the pleasure of the Prince But this our Neighbours cannot endure Neither is any other forbidden to favour Libertie But it much behoveth Neighbours to have a Neighbour For if one man hath neede of another man what shall we say that one Neighbour is to another saith Pindarus and Callimacâ—us Ill Neighbours are odious to mee and some wise Hebrew The worst of all diseases is an ill Neighbour And another of the same Nation Woe to the wicked and woe to his Neighbour And where may Morall Fables be silent An evill neighbourhood is like a mis-fortune The vicinity of great Men is alwaies to bee shunned of the weaker Good men receive good things from good Neighbours and evill Men evill things c. So * Plato and so Thâ—mistoclâ—s When hee â—old a piâ—ce of ground â—ee commanded the Crier to Proclaime that it had a good Neighbour Which Interpreters note to the Law And there bee many things of the same kinde Wherefore neither if these neighbouring Subjects would change their condition neither if by reason of a fault committed against their owne King they be compelled to alter it is another Neighbouring Prince compelled to suffer it to whom neither another mans will nor offence ought to bring damage The Venetian Embassadors when they interceded for Sigismund of Maltesta to Pope Pius the second they spake even this that Neighbouring Princes would not have another Neighbour whom furthermore they knew not what he might hereafter be And you may note that Sigismond held Townes from the Church and for his committed offences he ought worthily to lose them Perhaps some will doubt whether these things be true in private mens causes For a private man seemes to have power to doe with his owne what he list if it bee profitable to himselfe and hurt not another Yet these things bee true thus in the causes of Empires For Princes ought to take heed for the future that another if he will may not yet be able to hurt another which is expounded in the Treatise of Profitable defence But even that rule that it is lawfull for any to doe what he list with his owne holds not otherwise then if the condition of a Neighbour bee made neither worse nor more grievous thereby although it be true that no man may take care of the gaine which his Neighbour made and which was owing to him by no obligation But even security and a certaine singular conjunction of love from a Neighbour is due to Empires Now this we know what things are taken away when Neighbours are changed And the same people is not the same that they were if the Common-wealth be not the same that it was For it is not lawfull I say againe to doe all things with the Subjects for that is not lawfull with the Subjects which would be a hurt and a danger to those that are no Subjects It is not lawfull to make Fortes in his owne Land which may be terrible to those that are not his as you shall heare in the third Booke Therefore neither is it lawfull to doe with his owne that which may be a terrour to others How ever these are called equivalent to doe in his own place and towards his own Subjects Whether if my Neighbour should place in his House Gunnes and other things against my House may I neither be carefull for my selfe nor stirre against my Neighbour Thus thus were Preparations made in Holland and that great Noble man Leicester very wisely foresaw that the defence of the Hollanders was very wholesome and necessary for the Common-wealth and he perswaded it to be undertaken least if the Spaniards should break through that Pale of Europe as then very wisely Iustus Lipsius called it there should remaine no obstacle at all to their cruelty And thus farre of Warre Defensive Thus and much more this our learned Professor of the Civill Law Albericus Gentilis whose words I have thus largely transcribed because they not onely abundantly justifie the lawfulnesse of the Parliaments present Defensive Warre in point of Law and their Ordinances of Association and mutuall Defence but likewise fully answer all the cavils and pretences of Royalists and Malignants against the progresse and managing of this warre from principles of Nature Law Humane Reason Equiâ—y and humane Authorities THE LAWFVLNES OF THE PARLIAMENTS present Defensive Warre in Point of Divinity and Conscience THe lawfulnesse and justnesse of the Parliaments present necessary Defensive Warre in point of Common Civill Canon Law and Policy having been largely debated in the premises because not hitherto discussed in that kinde by any to my knowledge I shall in the next place proceed to justifie it in point of Divinity and Conscience Wherein though I shall be more concise then I intended because sundry Learned * Divines in many late Printed Bookes common in all mens hands have professedly handled it at large and given good satisfaction unto many unresolved scrupulous Consciences yet because this Treatise may come into diverse hands which have not perused their discourses and those whose judgements may be convinced by the Legall may still have some scruples of Conscience resting in them in reguard of the Theologicall Part and because some things perchance in Point of Theology which others have wholly omitted may seasonably be here supplyed to satisfie Consciences yet unresolved of the justnesse of the present and all other necessary Defensive Warres I shall not over-sparingly or cursorily passe through it without a competent debate Now lest the Consciences of any should bee seduced ensnared with generalities or cleere mistakes through the mis-stating of the points in question with which devise many have beene hitherto deluded by the Opposites who cumbate onely with their owne mishapen fancies discharging all their Guâ—shot against such Tenets as are not in question aâ—d no waies comming neere the White in Controversie I shall for my own orderly proceeding and the better satisfaction of ignorant scrupulous seduced consciences more punctually state the Question then formerly in the Legall Part first Negatively next Positively and then proceede to its debate Take notice therefore First that this is no part of the question in dispute Whether the Parliament or any Subjects whaâ—soever may actually disobey or violently with
force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16 17 18. Ezra 7. 26. Eccles. 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For allunanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remâ—nstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who mâ—ke this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Supâ—ose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the Câ—â—valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
offered by the Kings Forces to the Parliament and Snubjects every where is such Therefore it may justly with a safe Conscience be resisted especially in the Kings Commanders and Souldiers who are neither the King himself nor the Higher Powers ordained by God and no other then plain Theeves and Murtherers in Law and Conscience if they plunder kill spoile their Commissions being but Nullities in both and they in this particular meere private men without any Authority to iustifie their actions as I have already proved Secondly That resiâ—tance which is warranted by direct Precedents recorded approved in Scripture even by God himself must questionlesse be lawfull in case of conscience But the resistance even of Kings their highest Magistrates officers in the execution of their unjust Commands is thus warranted Therfore doubtles it must be lawfull in point of Conscience The Minor only questionable is thus confirmed First by the notable example of the Prophet Eâ—ijah 2 Kings 1. 2. to â—6 who sending backe King Ahaziah his Messengers sent by him to enquire of Baalâ— zebub the God of Ekron whether hee should recover of his disease with an harsh Message to the King contraâ—y to his Command which they disobeyed thereupon this King in an angry fume sent two Captaines with 50. men apeece one after another to apprehend the Prophet for this affront as Iosephus with other Interpreters accord who comming with their forces to him said Thou man of God the King hath said come downe quickly To whom he successively answered If I be a man of God thâ—n let fire come downe from Heaven and consume thee and thy fifty And there came fire from heaven thereupon and consumed two Captaines and their fifties but the third Captaine and his fifty who humâ—led themselves to the Prophet and begged the sparing of their lives were spared the Angel of the Lord bidding the Prophet to goe downe with them to the King and not be afraid From which Text it is infallible even by a divine Miracle from heaven doubled by God himselfe That it is lawfull for Subjects in some cases to resist the unjust violence of the Souldiers and Captaines of their Kings though armed with their Regall Commands Secondly by the History of the Prophet Elisha 2 Kings 6. 31 32 33. Who when King â—oram his Soveraigne had sworne unjustly in his fury God doe so to me and more also if the heà d of Elisha shall stand on him this day and thereupon sent a Messenger before him to Elisha his house to take away his head the Prophet was so farre from submitting to this Instrument of his that he Commanded the Elders sitting then with him in the house to looke when the Messenger came and shut the doore and Hold him fast at the Doore though the sound of his Masters feet the King were behind him whom he stiles the sonne of a Murderer Might these two eminentest Prophets thus openly resist the Captaines Souldiers and unjust Executioners of their Princes with a good Conscience and may not others lawfully doe the like No doubt they may Thirdly If I bee not much mistaken this kind of resistance is warranted even by Christ himselfe and his Apostles For a little before his Apprehention Christ uttered this speech unto his Disciples Luke 22. 36 37 38. But Now he that hath no Sword let him sell his garment and buy one c. And they said Lord behold here are two Swords And he said unto them it is enough Why would Christ have his Disciples buy Swords now unlesse it were for his and their owne better Defence being the time when he was to be apprehended Soone after this Judas and his Band of men sent from the High Priests with Swords and Staves came to seize upon Christ. Which when they who were about him saw what would follow They said unto him Lord shall we smite with the Sword His commanding them to buy Swords now was sufficient ground for this question and intimation enough that they might now use them whereupon Christ giving no negative answer One of them which were with Iesus and Iohn directly saith it was Peter smote a servant of the High Priest whose name was Malchus and cut off his right eare Hereupon Iesus answered and said Suffer yee Thus Farre So Luke Marke relates no answer at all reprehending this fact Iohn records his speech to Peter thus Then said Iesus unto Peter Put up thy Sword into the sheath The Cup which my Father hath given me shall I not drinke To which Matthew addes thinkinst thou that I cannot pray to my Father and he shall presently give me more then twelve Legions of Angels But how then shall the Scriptures bee fulfilled that thus it must be So that the reason why Christ bade Peter thus to put up his sword was not because he thought defence of himselfe and Peters smiting now altogether unlawfull in it selfe but onely inconsistent with Gods present providence which it should seeme to crosse Christ was now by Gods eternall decree and the Scriptures prediction which must be necessarily fulfilled to suffer death upon the Crosse for our iniquities should Peter then with the other Disciples have totally resisted his apprehention at this time and proceeded still to smite with the Sword as they began till they had rescued our Saviour he could not then have suffered nor the Scriptures be fulfilled had it not beene for this speciall reason rendred by Christ himselfe to cleare all scruples against the Lawfulnesse of selfe-defence in such cases Peter might still have used his sword to rescue his Master from these Catchpoles violence and if he and his fellowes had beene too weake to withstand them Christ was so farre from imagining that hee might not have lawfully defended himselfe that hee informes them he could and would no doubt have presently commanded whole Legiâ—ns of Angels from heaven by his Fathers approbaâ—sion to rescue him from unjust violence And his Speech to Pilate after his taking plainely iustifies the lawfulnesse of such a forcible defence with Armes to preserve a mans life from unjust execution Iohn 18. 36 If my Kingdome were of this world Then would my Servants fight in my Defence and Rescue that I should Not be delivered to the Iewes but now my kingdom is not from hence All which considered clearely justifies the Lawfulnesse of resisting the Kings or higher Powers Officers in cases of apparant unjust open violence or assaults and withall answers one grand argument against resistance from our Saviours present Example namely Christ himselfe made no resistance when hee was unjustly apprehended Ergo Christians his Followers Ergo no Kings no Magistrates too as well as Christ the King of Kings and Lord of Lords for they are Christians as well as subjects ought not to make any forâ—ible resistance of open violence Which argument is a meere inconsequent because the reason why Christ resisted not these Pursevants and High Priests Officers was onely
and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policiâ— If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fifâ—ly God himselfe the fountaâ—ne of justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Opprâ—ssing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion exâ—irpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse then Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes seared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive 〈◊〉 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Comâ—issions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix Therefore certainely it must needs bee lawfull being Gods and Natures speciall Ordinance to secure innocent persons Cities Nations Kingdomes Lawes Liberties Lives Estates Religion and mankinde it selfe against the hurtfull Lusts of unnaturall Tyrants and their accursed instruments against ambitious treacherous male-contented Spirits maliciously bent against the publicke weale and peace There are two things onely which usually restraine inferiour persons from murthering robbing disseising injuring one another the one is feare of punishment by the Magistrate the other feare and danger of being resisted repulsed with shame and losse of limbe or life by those they violently assault injure and were this once beleeved received for Law or Divinity in the world that it were unlawful to resist repulse a theefe murtherer riotor or disseisor comming in the Kings name long enjoy his life goods liberty lands but some or other would deprive him of them notwithstanding all restraints of Lawes of penalties and maintaine suites against him with his owne estate violently seised on the right of lawfull defence being every
mans best security to preserve his life estate in peace against the violence of another whence the wisdom of the Common Law makes every mans house his Castle in the necessary defence wherof and of his person goods from the violence rape of others it gives him libertie to beate repulse yea kill injurious assailants which right of defence if once denyed would open a wide gap to all wickednesse injustice disorders whatsoever and speedily bring in absolute confusion subversion of all property Law Order As for Emperors Kings great Officers and other ungodly instruments armed with Princes unjust commissions who deeme themselves above the reach of humane Lawes censures and accountable for their unjust actions to none but God himselfe there is no other knowne barre or obstacle to hinder or restraine their armed violence Tyrannie oppressions but onely the feare of the oppressed assaulted subjects armed resistance which if once denyed to be lawfull all Royalties would soone be transformed into professed Tyranniâ—s all Kings Magistrates into Tyrants all Liberty into slavery property into communitie and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse avarice lusts of the greatest men Therefore doubtlesse this armed resistance cannot but be lawfull necessary just in point of Law and Conscience to eschew these generall mischiefes Sixtly all will readily grant it lawfull in case of Conscience for subjects to resist a forraigne enemie which invades them with force of Armes though animated by the King himselfe to such invasion and why so but because they are their enemies who would wrongfully deprive them of their native inheritance Liberties estates and worke them harme upon which ground we read in the 2 Kings 3. 21. That when the Moabites heard that the Kings of Israel Iudah and Edom came up to fight against them with a great Army they gathered all that were able to put on armour and upward to withstand them and stood in the border and when ever the Midianites Philiâ—â—ines Syrians Babylonians Aegyptians Cananites or other enemies came to assault the Israelites they presently assembled together in Armes to encounter and repulse them as the Histories of Ioshua Iudges Samuel the Kings Chronicles and Nehemiah abundantly evidence almost in every Chapter If then Subjects may with a good Conscience resist forragin enemies on this ground alone then likewise domestick foes and their Kings own Forces when they become open enemies to rob kill plunder destroy them as inhumanely as injuriously as the worst Forraigne foes there being the selfe same ground for the lawfulnesse of resistance of the one as the other and if the ballance encline to one side more than other an intestine enemie being more unnaturall unjust hurtfull dangerous and transgressing more Lawes of the Realme which obliege not strangers than a Forraigner and a Civill warre being far worse and more destructive than a Forraigne the resistance of an homebred enemy must be the more just and lawfull of the two even in point of Conscience Seventhly The very Law of God both alloweth and commands all men to resist their spirituall enemies with spirituall Armes Iam 4. 7. Resist the Devill and he will flee from you otherwise he would easily subdue and destroy us 1 Pet 5. 8. 9. Be sober and vigilant because your adversarie the devill as a roaring Lyon walketh about seeking whom he may devoure whom resist stedfast in the faith Ephes. 5. 10. to 19. Finally my brethren be strong in the Lord and in the power of his might Put on the whole Armour of God that ye may be able to stand against the wiles of the devill For we wrestle or warre not against flesh and blood but against Principalities against powers against the Rulers of the darkenesse of this world against Spirituall wickednesse or wicked spirits in high places Wherefore take unto you the whole Armour of God that ye may be able to withstand in the evill day and having done all to stand Stand therefore having your loynes girded about with truth c. Above all taking the sheild of faith wherewith ye shall be able to quench all the fiery darts of the wicked And take the helmet of Salvation and the sword of the spirit which is the Word of God Praying alwayes with all prayer and supplication Hence Christians are termed Souldiers of Iesus Christ and Châ—istianity a warfâ—â—e against the world the flesh and Prince of the world the Devill 2 Tim. 2. 3 4. 2 Cor. 10. 3. 1 Tim. 1. 18. Iam. 41. 1 Pet. 2. 11. Rom. 7. 23. 2 Cor. 10. 4. 1 Cor. 9. 7. I say 41. 2. Rev. 12. 7. 17. In which warfare we must fight and resist even unto blood striving against sinne Heb. 12. 4. Vsing not onely prayers and teares but other spirituall weapons of warre mighty through God able to â—ast downe every high thing that exalteth it selfe to bring into Captivitie every thought to the obedience of Christ and to revenge all disobedienâ—e 2 Cor. 10. 4. 5. 6. If then we may and must manfully resist and fight against our Spirituall enemies though Principalities Powers Rulers wicked spirits in high Places and the Prince of this world himself the Devill when they assâ—ult and seeke to devoure our soules then by the selfesame reason we lâ—wfully with a safe conscience may yea ought to resist repulse our corporall enemies when they maliciously unâ—uâ—â—ly forcibly assault us against all rules of Law of Conscience to murther enslave destroy our bodies Soules Religion the Republicke which must be dearest to us though they be Principalities Powers Rulers wicked Spirits in high Places yea Princes of this world with all their under Officers and Instruments of cruelty not onely with prayers and teares but corporall Armes and force because they unnaturally tyrannically seeke the destruction of our bodies estates Liberties Republicke Religion there being no inhibition in Scripture not to resist the one or other but infinite Texts authorising men not onely to resist but warre against yea slay their malicious open enemies untill they be subâ—ued or destroyed Exod. 23. 22. 27. Levi. 26. 7. 8. Num. 24. 8. Deut. 20. throughout Iosh. c. 8. to c. 13. 2 Sam. 22. 38. to 42. 1 Chron. 17. 8. 10. Esth. 9. 5. Neither doe the Texts of Mat. 5 39. Luk. 6. 29. But I say unto you that ye resist not â—vill but whosoever shâ—ll sâ—â—ite thee on the right cheekâ— turne to him the other also and hiâ— that taketh away thy cloake forbid not to take thy câ—ate also prohibit all actuall resistance of publick violence offered by enemies to our persons goods or lawfull defensive warres which precept as is cleare by the context and resolved by Augustine Gratiaâ— Alensis and f others extends onely to some private injuries and revenges and to the inward patient preparation of the mind to suffer two injuries rather theÌ„ maliciously to revenge a single one especially in casâ—s where we want ability to resist not to an actuall
bearing of all grosse outward injuries to our persons or estates without resistance which precept being given generally to all Christians to Kings and Magistrates as well as Subjects if it be strictly urged prohibits Kings and Magistrates to resist the violence and injuries of the people as much as the people not to repulse the Armed violence and oppressions of their Pâ—inces and Governours and that Text of Iames 5. 6. Ye have condemned and killed the just and he doth not resist you which some thinke is meant of Christ alone proves onely that some just men and many Martyrs have beene condemned and killed without resistance as our Saviour was not that it is unlawfull to resist an open enemy theefe or murtherer who comes to kill rob or plunder us against Law and Conscience I read of Saint Andrew that when the people ran together in multitudes â—o rescue him out of the hands of a wicked man and defend him from the injury of death he teaching them both by word and example exhorted them not to hinder his martyrdome yet the people lawfully rescued innocent Ionathan from that unjust death which his Father King Saul twice vowed hee should undergoe Some mens patient suffering death and injuries without resistance is no better an argument that all therefore must so suffer without opposition then that all men ought to yeeld their purses up to high-way theeves or their persons goods ships to Turkes and Pyrates without fight or resistance because some yea many have shamefully done it for want of courage when they were able to resist and so have deservedly lost their purses shippes goods liberties and become Turkish Gally-slaves to the ruine of their estates bodies soules which miseries by a manfull just defence they might have easily prevented All which considered I see no ground in Scripture nor reason but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of Armes in a warlike manner may be resisted with temporall weapons as well as spirituall enemies with spirituall Armes Eighthly That which all Nations in all ages by the very light of nature have constantly practised as just and lawfull must doubtlesse be lawfull in point of conscience if there be no Law of God to the contrary But selfe-defence against invading Tyrants and their instruments hath by the very light of Nature beene constantly practised by all Nations in all ages as just and lawfull which the premises the Appendix the Histories of all ages evidence there being never any one Nation or Kingdome for ought I finde that ever yet reputed it a thing unlawfull in point of Conscience to resist the open malicious destructive tyranny violence hostility of their unnaturall Princes or that desisted from any such resistance giving themselves up willingly to their outragious lusts and butchâ—ries without any opposition though some private men and Martyres have sometimes done it upon particular reasons as to avoid the scandall of Religion to beare witnesse to the truth for the confirmation and conversion of others or for want of power or oportunity to resist or to avoyd a generall massacre of their fellow Christians or because they were onely a few private men and their religion directly opposite to the Lawes and government under which they lived or the like not because they judged all resistance simply unlawfull as blinde Doctors â—alsely informe us which I shall prove hereafter and there is no Law of God at all to prohibite such resistance therefore doubtlesse it must be lawfull even in point of conscience Ninthly that which is directly opposite to what is absolutely illegall and unjust in point of conscience and the chiefe lawfull obstacle and remedy to prevent or redresse it must certainely be just be lawfull in the court of Conscience since that which is directly opposite to that which is â—imply ill and unjust must necessarily be good and just But necessary just defence by force of Armes is directly opposite to that open Armed violence and tyranny which is absolutely illegall and unjust in point of Conscience and the chiefe lawfull remedy and obstacle to prevent or redresse it as reason experience and the premises evidence Therefore it must necessarily be just and lawfull even in the Court of Conscience Tenthly That resistance which doth neither oppose the Kings royal person nor lawfull Authority must certainely be lawfull in point of conscience But the resistance of the Kings Forces not accompanied with his person in the execution of his unjust commands is neither a resistance of his Royall person for that is absent and his Cavalliers I hope are no Kings nor yet invested with the priviledges of Kings nor yet of his lawfull Authority his illegall Commissions and Commands being meere nullities in Law transferring no particle of his just Authority to those who execute them Therefore it must certainely be lawfull in point of conscience Eleventhly That resistance which is the onely remedy to keepe not onely Kings themselves but every one of their Officers and Souldiers from being absolute Tyrants Monarchs and the deny all whereof equalizeth every souldier and particular Officer to Kings yea God himselfe whose prerogative only it is to have an absolute unresistable wil must doubtlesse be lawful in the Court of Conscience But this necessary defensive resistance now used by the Parliament and Subjects is such For if they may not resist any of the Kings Officers or Souldiers in their plunderings rapines fierings sackings of Townes beating wounding murthering the Kings leige people and the like will not every common Souldier and Officer be an absolute Tyrant equall in Monarchie to the great Turke himself and â—aramount the King who hath no absolute irresistable Soveraignety in these particulars Either therefore this resistance must be granted not onely as lawfull but simply necessary else every officer and common Souldier wiâ—l be more than an absolute King and Monarch every subject worse than a Turkish slave and exposed to as many uncontrolable Soveraignes as there are Souldiers in the Kings Army be their conditions never so vile their qualitie never so mean and the greatest Peeres on the Parliaments party must be irresistably subject to these new absolute Soveraignes lusts and wills Twelfthly if all these will not yet satisfie Conscience in the Lawfulnesse the justnesse of the Parliaments and peoples present forcible resistance of the Kings Captaines and Forces though Armed withan illegall Commission which makes nothing at all in the case because voyd in Law there is this one Argument yet remaining which will satisfie the most scrupulous malignant opposite Conscience That necessary forcible resistance which is Authorised and Commanded by the Supreamest lawfull power and highest Soveraigne Authority in the Realme must infallibly be just and lawfull even in point of Conscience by the expresse Resolution of Rom. 13. and our opposites owne confession who have no other Argument to prove the Offensive warre on the Kings part
very recitall of this argument is an ample satisfactory refutation of it with this addition These seditious Levites Rebelled against Moses and Aaron onely because God himselfe had restrained them from medling with the Priests Office which they would contemptuously usurpe and therefore were most severely punished by God himself against whose expresse Ordinance they Rebelled Ergo the Parliament and Kingdome may in no case whatsoever though the King be bent to subvert Gods Ordinances Religion Lawes Liberties make the least resistance against the king or his invading forces under paine of Rebellion High Treason and eternall condemnation This is Doctor Fernes and some others Bedlam Logicke Divinity The next is this Thou shalt not revile the Gods nor curse the Ruler of thy people Ex. 22. 28. Eccl. 10. 20. Curse not the King no not in thy thought and curse not the rich in thy bed-Chamber which is well explained by Prov. 17. 26. It is not good to strike Princes for equitie Ergo it is unlawfull for the Subjects to defend themselves against the Kings Popish depopulating Cavaleers I answer the first text pertaines properly to Judges and other sorts of Rulers not to Kings not then in being among the Israelites the second to rich men as well as Kings They may as well argue then from these texts that no Iudges nor under-rulers nor rich men whatsoever though never so unjust or wicked may or ought in conscience to be resisted in their unjust assaults Riots Robberies no though they be bent to subvert Religion Lawes Liberties as that the King and his Souldiers joyntly or severally considered may not be resisted yea these acute disputants may argue further by this new kinde of Logicke Christians are expresly prohibited to curse or revile any man whatsoever under paine of damnation Rom. 12. 14. Mat. 5â— 44. Levit. 19. 14. Numb 23. 7. 8. 2 Sam. 16. 9. Levit. 20. 9. c. 24. P 1. 14. 23. Levit. 20. 9 Prov. 20. 20. 1 Cor. 6. 10. 1 Cor. 4. 12. 1 Pet. 2. 23. Iude 9. Ergo we ought to resist no man whatsoever no not a theefe that would rob us cut-throate Cavaleers that would murther us lechers that would ravish us under paine of damnation What pious profitable Doctrine thinke you is this All cursings and railings are simply unlawfull in themselves all resistance is not so especially that necessary we now discourse of against unlawfull violence to ruine Church and State To argue therefore all resistance is simply unlawfull because cursing and reviling of a different nature are so is ill Logicke and worse Divinity If the objectors will limit their resiâ—tance to make the Argument sensible and propose it thus All cursing and râ—viling of Kings and Rulers for executing justice impartially for so is the chiefe intendment of the place objected delinquents being apt to clamour against those who justly censure them is unlawfull Ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull the sequell I shall grant but the Argument will be wholy impertinent which I leave to the Objectors to refine The third Argument is this That which peculiarly belongs to God no man without his speciall authority ought to meddle with But taking up Armes peculiarly belongeth to be Lord. Deut. 32. 35. Where the Lord saith vengeance is mine especially the sword which of all temporall vengeance is the greatest The Objector puts no Ergo or conclusion to it because it concludes nothing at all to purpose but onely this Eâ—go The King and Cavalleeres must lay downe their Armes and swords because God never gave them any speciall commission to take them up Or Ergo no man but God must weare a sword at least of revenge and whether the kings and Cavalleers Offensive or the Parliaments meere Defensive sword be the sword of vengeance and malice let the world determine to the Objectors shame The fourth is from Eccles. 8. 2. 3. 4. I councell thee to keepe the Kings Commandment and that in regard of the Oath of God Be not hasty to goe out of his sight stand not in an evill thing for he doth whatsoever pleaseth him where the word of a king is there is power and who may say unto him what dost thou This Text administers the Opposites a double Argument The first is this All the Kings Commands are to be kept of all his Subjects by vertue of the Oathes of supremacy alleigance and the late protestation including them both Ergo by vertue of these Oathes we must not resist his Cavalleeres but yeeld our thoates to their swords our purses and estates to their rapines our chastities to their Lecheries our Liberties to their Tyrannies our Lawes to their lusts our Religion to their Popish Superstition and Blasphemies without any opposition because the king hath oft commanded us not to resist them But seeing the Oath and Law of God and those oathes of ours obleige us onely to obey the Kings just legall commands and no other not the Commands and lusts of evill Councellors and Souldiers this first Argument must be better pointed ere it will wound our cause The second this The king may lawfully do whatsoever pleaseth him Ergo neither are He or his Forces to be resisted To which I answer that this verse relates onely unto God the next antecedent who onely doth and may doe what he pleaseth and that both in heaven and earth Psal. 135. 6. Psal. 115. 3 Esay 46. 10. not to Kings who neither may nor can doe what they please in either being bound both by the Laws of God man and their Coronation Oathes perchance the oath of God here meant rather then that of supremacie or alleigance to doe onely what is lawfull and just not what themselves shall please But admit it meant of Kings not God First the text saith not that a king may lawfully doe what he pleaseth but he doth whatsoever pleaseth him Solomâ—n himselfe committed idolatry built Temples for Idolatrous worship served his idolatrous wives Gods married with many idolatrous wives greivously oppressed his people c. for which God threatned to rent the kingdome from himself as he did the ten Tribes from his son for those sinnes of his David committed adultery and wilfully numbred the people and what King Ieroboam Manasseh Ahab other wicked Kings have done out of the pleasure and freedome of their lawlesse wills to the infinite dishonour of God the ruine of themselves their posterities Kingdomes is sufficiently apparent in Scripture was all therefore just lawfull unblameable because they did herein whatsoever they pleased not what was pleasing to God If not as all must grant then your foundation failes that Kings may lawfully doe whatsoever they will and Solomons words must be taken all together not by fragments and these latter words coupled with the next preceeding Stand not in an evill matter and then Pauls words will well interpret his Rom.
13. 4. But if thou doe that which is evill be afraid for he beareth not the sword in vaine for he is the minister of God a revenger to execute wrath upon them that doe evill So that the genuine sence of the place is and must be this Stand not in an evill matter for the king hath an absolute power to doe whatsoever he pleaseth in way of justice to punish thee if thou continue obstinate in thy evill courses to pardon thee if thou confesse submit and crave pardon for them Ergo the king and his Cavalleeres have an absolute power to murther plunder destroy his Subjects subvert Religion and he and his Forces must not herein be resisted is an ill consequent from such good premises The third is this Where the word of a King is there is power and who may say unto him what dost thou that is expostulate with censure him for doing justly as Iob 34. 17. 18. 19. expound it Ergo the king or his Forces may not be resisted in any case they might rather conclude Therefore neither Kingdome nor Parliament nor any Subject or person whatsoever ought to demand of the king to what end or why he hath raised Forces and Armed Papists against the Parliament and Protestant Religion These Court-Doctors might as truely conclude from hence If the king should command us to say Masse in his Chappell or our Parishes to adorne Images to turne professed Masse-priests c. to vent any Erronious Popish Doctrines to pervert the Scriptures to support Tyrannie and lawlesse cruelty we must and will as some of us doe cheerefully obey for where the word of a King is there is power and we may not say unto him what dost thou If a King should violently ravish matrons defloure virgins unnaturally abuse youth cut all his Subjects throates fire their houses sacke their Cities subvert their liberties and as Bellarmine puts the case of the Popes absolute irresistible authority send millions of soules to hell yet no man under paine of damnation may or ought to demande of him Domine cur ita facis Sir what doe you But was this the holy Ghosts meaning thinke you in this place If so then Nathan was much to blame for reprehending king Davids Adultery Azariah and the 40. Priests who withstood King Vzziah when he would have offered incensâ— on the incense Altar and thrust him out of the Temple telling him it pertaineth not to thee Vzziah to burne incense to the Lord c. Were no lesse then Traytors Iohn Baptist was much over-seene to tell King Herod It is not lawfull for thee to have thy brothers wife The Prophet who sharpely reprehended Amaziah for his Idolatry and new altar 2 Chron 25. 15. 16. was justly checked by the king Elâ—iah was to be rebuked for telling Ahab so plainely of his faults and sending such a harsh message to King Abaziah Elisha much to be shent for using such harsh language to King Iehoram 2 Kings 3. 13. 14. yea Samuel and Hanani deserved the strappado for telling King Saul and Asa That they had done foolishly â— Sam. 13 3. 2 Chron. 15. 9. The meaning therefore of this Text so much mistaken unlesse we will censure all these Prophets and have Kings not onely irresistible but irreprehensible for their wickednesse is onely this No man may presume to question the kings just actions warranted by his lawfull royall power this text being parallel with Rom. 13. 1. 2. 3. 4 What then Ergo None must question or resist his or his Cavalleers unjust violence and proceedings not the Parliament the supremest Iudicature and Soveraigne Power in the Kingdome is a ridiculous consequence yet this is all this Text doth contribute to their present dying bad cause The 5. is that usually objected Text of Psal. 105. 14 15. Touch not mine annointed Ergo the King and his Cavaleers must not be so much as touched nor â—esisted I wonder they did not as well argue Ergo none must henceforth kisse his Majesties hand siâ—ce it cannot be done without touching him neither must his Barber trim him nor his Bedchamberâ— men attire him for feare of high Treason in touching him And the Cavaleers must not henceforth be arrested for their debts apprehended for their robberies and murthers neither must the Chyrurgiâ—n dresse their wounds or pock-soars or otherwise touch them so dangerous is it to touch them not out of fear of infection but for fear of transgressing this sacred Text scarce meant of such unhallowed God-dammeeâ— Such conclusions had been more literall and genuine then the first But to answer this long since exploded triviall Objection not named by Dr Ferne though revived by others since him I say first that this Text concernes not kings at all but the true anoynted Saints of God their Subjects whom kings have been alwayes apt to oppresse and persecute witnesse Psal. 2. â— c. Act 4. 26. 27. Act. 12. 1 2 3 with all sacred and Ecclesiasticall Histories ancient or moderne This is most apparent first because these words were spoken by God to Kings themselves as the Text is expresse Psal 105 14 15. 1 Chron. 16. 20. 21. He suffered no man to do them wrong but reproved even KINGS for their sakâ—s saying even to king themselves namely to king Pharaoh an king Abimelech Gen. 12. 10. to 20. Chap. 20. and 26 1. to 17. 29 Touch not mine Anointed and do my Prophets no harm Therefore not meant of kings Secondly because these words were spoken directly and immediately of Abraham Isaac Iacob their wives and families as it is evident by Verse 6. the whole series of the Psalme which is Historicall the forecited Teâ—ts of Genesis to which the words relate the punctuall confession of Augustine and all other Expositors on this Psalm Now neither they nor their wives nor their children clearly were actuall much lesse anointed Kings For first they lived long before the government of kings was erected among the Israelites of whom Saul was the first 2. They had no kingdom nor territories of their own when these words were uttered but were strangers in the Land going from one Nation and Kingdom to another sojourning obscurely like Pilgrims and Strangers upon earth in Egypt and Gerar under King Pharaoh Abimelech and other Princes not as kings but subjects and priâ—ate men as Verse 12. 13. Gen. 12. and 20. and 26 Chap. 36. 7. Chap. 37. 1. Deut. 23. 7. Hebr. 11. 13. resolve Thirdly They were but very few men in number Verse 12. Genesis 34. 30. they were Masters onely of their own small families and that under forraign Kings therfore doubtlesse no kings at all Fourthly this was spoken of these Patriarchs Wives and Families as well as of themselves and they certainly were no kings unlesse you will have kingdoms consisting onely of kings and no subjects at all Verse 12. 14. Gen. 12. 15. to 20. Chap. 20. 2. to 17. Chap. 26. 11. Chap. 34. 30.
Chap. 35. 6. Fifthly the Scripture no where calls them kings much lesse the Text which terms them expresly Prophets Touch not mine Anointed and do MY PROPHETS not properly so taken but largely that is My servants my chosen people as Verse 6. expounds it no harm The later Clause Do my Prophets no harm being an exact interpretation of the former Touch not mine Anointed that is My Prophets and Servants so far forth as to do them harm For in a common sence no doubt they might be touched without offence to God or them by way of imbracement assistance and the like Sixtly Though there were kings in Abrahams dayes or before as is evident by Gen. 14. 1 2 c. yet there were no anointed kings nor were kings ever called Gods anointed till Sauls dayes who was the first anointed King I read of 1 Sam. 10. 1. and the first king ever stiled The Lords Anointed 1 Sam. 12. 3 5. whereas Priests were anointed long before Exodus 30. 30. Chap. 40. 13 15. Therefore Anointed in the Text cannot be meant of kings or of persons actually anointed but onely of those Saints of God who were metaphâ—rically and spiritually anointed having the gifts and graces of Gods Spirit Psal. 28 8 9. Hab. 3. 13. 2. Cor. 1. 21. 1 Iohn 2. 27. Eze. 16. 9. Isay 20. 27. This Text then being not meant of kings which are actually but of Christians onely spiritualy anointed in regard of which anointing as I have elsewhere largely manifested they are in Scripture not onely stiled Christians which in plain English is annoynted Acts 11. 26. c. 26. 26. 1 Pet. 4. 16. but Christ in the abstract 1 Cor. 12. 12. Ephes. 4. 12 13. the Members Body Flesh and Bones of Christ. 1 Cor. 12. 12 7. Ephes. 1. 22. 23. c. 5. 29 30 31. Col. 1. 24. Yea Kings and Priests unto God the Father Exod. 19. 6. 1 Pet. 2. 5. Revel 1. 6. c. 5. 10. c. 20. 6. for whom God hath prepared a heavenly Kingdom wherein they shall reign with Christ for ever with an everlasting Crown of glory too Matth. 5. 3. c. 25. 34. Luke 6. 20. c. 12. 32. c. 22. 29. 30. Col. 1. 13. 2 Thess. 2. 12. 1 Corinth 9. 25. 2 Tim. 2. 12. c. 4. 8. Heb. 12. 28. 2 Pet. 5. 4. 2 Pet. 1. 11. Iam. 2. 5. Revel 22. 5. The proper argument then that can be thence deduced by our Opposites is but this Nonsequitur Kings themselves must not touch Gods spiritually annointed Saints and servants to do them harm Ergo if Kings do violently and unjustly make warre upon them not onely to harm but plunder murther destroy them utterly extirpate that Religion they professe and are bound to maintain they are obliged in point of conscience under pain of damnation not to resist Whereas the conclusion should be directly contrary Therefore they may lawfully with good conscience resist them to the uttermost in such cases For since God hath thus directly enjoyned Kings Not to touch or do them harm if Kings will wilfully violate this injunction they may with safe conscience by forcâ— of Arms withstand repulse their unjust violence and hinder Kings or their instruments from doing them that iniury which God himself prohibits else they should be accessories to their kings iniustice and authors of their own wrongs according to these received Maximes Quinon pohibet malum quod potest jubet Qui potest obviare perturbare perversos non facit nihilest aliud quam favere eorum impietati Nec caret scrupulo societatis occultae qui manifesto facinori desinit obviare Qui definit obviare cum potest consentit used by Ambrose Hierome Augustine Isiodor Anastatius and Gratian who recites applies them to defensive wars And if our Opposites who pervert this Text by translating it from Subjects and Saints to Kings may in their erronious sence safely argue thence That if subiects take up Arms against their Princes contrary to this Text their Princes may by vertue of this precept iustly resist them with force and repulse their iniuries then by the true genuine sence thereof being meant of Subiects Saints not Kings if Kings will violently assault and make war upon Saints their Subiects to harm them they may with as good reason and conscience defend themselves against their Kings and ill Instruments as their Kings protect themselves in this sort against them and that by authoritie of this Text by our Opposites own argumentation Thirdly admit this Scripture meant of Kings yet what strâ—ngth is there in it to priviledge them from iust necessary resistance If any it must rest in the word annointed but this will afford kings no such corporall priviledges as many fancie neither from lawfull resistance nor deposition nor sentence of death it self which I shall undeniably evidence to refute a commonly received errour For first it is apparent that the anointed here meant are such onely who are spiritually annointed either with the externall profession and ceremonies of Gods true religion or with the internall graces of the Spirit for neither Abraham Isaac Iacob nor their families nor any kings or Priests in their dayes for ought we finde were corporally annointed Besides the annointing here intended is that which is common to Priests and Prophets as Touch not mine annointed and do my Prophets no harm infallibly proves rather then that which is peculiar to kings Whence I thus argue That annoinâ—ing which is common to subiects as well as kings and cannot secure any subiects who in the genuinesence of the Text are Gods annointed from iust resistance corporall violence legall censures or death cannot in or of it self alone secure kings from any of these no further then it secures subiects for the annoiting being the same in both must have the self-same operation and immunities in both But this anointing in subiects can neither exempt their persons from necessary iust resistance if they unlawfully assault or war upon their Superiours equalls inferiours nor free them from arrests imprisonments arraignments deprivations or capitall censures if they offend and demerit them as we all know by Scripture and experience Therefore it can transfer no such corporall immunities or exemptions from all or any of these to kings but onely exempt them from unlawfull violence and injuries in point of right so far forth as it doth other Subjects In a word this annointing being common to all Christians can give no speciall Prerogative to Kings but onely such as are common to all Subiects as they are Christians Secondly admit it be mean of an actuall externall anoynting yet that of it self affords Kings no greater priviledge then the inward unction of which it is a type neither can it priviledge them from just resistance or just corporall censures of all sorts First it cannot priviledge them from the iust assaults invasions resistance corporall punishments of other forraign kings Princes States Subiects not subordinate to them who upon any iust cause
or quarrell may lawfully resist assault wound apprehend imprison slay depose iudge censure forraigne kings even to death as is apparent by Sâ—hon King of the Amorites and Og the kâ—ng of Bashan slain the King of Ai hanged by Ioshua the five kings of Canaan that besieged Gibeon on whose ne-ks Ioshua made his men of war to put their feet then smote slew and hanged them upon five trees Who also assaulted resisted imprisoned condemned slew executed divers other kings of Canaan to the number of thirty one in all by king Adonibezek Eglon Agag with other Heathen Kings imprisoned stabbed hewen in pieces by the Iâ—raelites If any obiect These kings were not actually annoynted which they cannot prove since Cyrus an Heathen King is stiled Gods annoynted no doubt Saul was an annoynted King if not the first in the world 1 Sam. 10. 1. yet he was justly resisted wounded pursued by the Philistines 1 Sam. 31. 3. Iosiah an annoynted good King was slain by Pharaoh Necho King of Egypt whom he rashly encountred King Ahab was slain by an Archer of the King of Assyria King Ioram and Ahaziah were both slain by Iehu by Gods command Iehoaaz was deposed by the King of Egypt Iehoiakim and Iehoiakin both deposed fettered and kept prisoners by the King of Babylon who also apprehended deposed judicially condemned King Zedechiah put out his eyes and sent him prisoner to Babylon bound with fetters of brasse So Manasses was deposed bound with fetters of brasse and carryed captive by the Captaines of the King of Assyria Amaziah King of Iudah was taken prisoner by Iehoash King of Israel Infinite are the presidents in stories where kings of one Nation in just warrs have been assaulted invaded imprisoned deposed slain by Princes and Subjects of another Nation and that justly as all grant without exception neither their annointing nor Kingship being any exemption or priviledge to them at all in respect of forraigners in cases of hostility to whom they are no Soveraigns no more then to any of their Subjects Whereas if this royall annointing did make their persons absolutly sacred and inviolable no forraign Princes or Subjects could justly apprehend imprison smite wound slay depose or execute them Secondly Kings who are suborordinate Homagers and Subjects to other Kings or Emperours though annointed may for Treasons and Rebellions against them be lawfully resisted assaulted imprisoned deposed judged to death and executed because as to them they are but Subjects notwithstanding their annointing as appears by sundry presidents in our own and forraign Histories and is generally confessed by the learned Thirdly the Roman Greek and German Emperours though annointed the ancient Kings of France Spain Arragon Britain Hungary Poland Denmarke Bohemia India Sparta and other places who were not absolute Monarchs have in former ages been lawfully resisted imprisoned deposed and some of them judicially adjudged to death and executed by their owne Senates Parliaments Diâ—ts States for their oppression mal-administration tyranny and that justly as Bodin Grotius with others affirm notwithstanding any pretence that they were annointed Soveraigns Fourthly Popes Bishops and Priests anciently were and at this present in the Romish Churches are actually annointed as well as Kings and we know the Popish Clergy and Canonists have frequently alledged this Text Touch not mine annointed and doe my Prophets no harme in Councels Decretalls and solemn debates in Parliament to prove their exemption from the arrests judgements capitall censures and proceedings of Kings and secular Iudges for any crimes whatsoever because forsooth they were Gods annointed intended in this Text not Kings therefore Kings and Seculars must not touch nor offer any the least violence to their persons no not in a way of justice By colour of this Text they exceedingly deluded the world in this particular for hundreds of yeeres But in the seventh yeer of Hen. the 8. in Dr. Standish his case debated before a Committee of both Houses of Parliament and all the Iudges of England this Text being chiefly insisted on to prove the Clergies exemption Jure Divino was wholly exploded in England and since that in Germany France other Realms and notwithstanding its protection many Popes Bishops and Clergy-men in all Kingdomes ages for all their annointing have for their misdemeanors not only been resisted apprehended imprisoned but deprived degraded hanged quartered burned as well as other men Yea Abiathar the High Priest was deposed by Salomon for his Treason against him notwithstanding his Annointing their annointing giving them not the smallest immunity to doe ill or not to suffer all kinds of corporall capitall punishments for their misdemeanors If this actuall annointing then cannot lawfully exempt or secure Priests and Prelates persons nor the Pope himselfe from the premises how then can it justly priviledge the persons of Kings Fifâ—hly among the Papists all infants either in their baptisme or confirmation are actually annointed with their consecrated Chrisme and with extream unction to boot at last cast which they make a Sacrament and so a thing of more divine soveraign Nature then the very annointing of Kings at their inauguration which they repute no Sacrament as being no where commanded by God But neither of these actuall unctions exempt all or any of those annointed with it from resistance or any corporall punishments or just censures of any kind therefore the very annointing of Kings cannot doe it Sixthly the Ceremony of annointing kings as Cassanaeus with others write is peculiar onely to the German Emperor the King of Ierusalem the King of France the King of England and the King of Sicily but to no other kings else who are neither annointed nor crowned as he affirmes so that it cannot give any priviledge at all to any but onely to these 4. not other kings who are not anointed Now seeing only these 4. kings are actually anointed yea lawfull Kings and their persons sacred even before they are annointed or crowned and other kings persons as of Spain Hungary Denmark Sweden Poland c. who are not annointed are as sacred as exempt from danger as those who are enoyled And seeing the annointing of kings is at this day a meer arbitrary humane Ceremony not injoyned by divine authority nor common to all Kings who are Kings before their Coronations it is most certain and infallible that this enoyling in and of it selfe derives no personall Prerogatives or Immunities at all to kings much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their Subjects or from the censures of their Parliaments for publike distructive exorbitances as most have hitherto blindly beleeved Neither will the frequent next objected speeches of David concerning Saul impeach the premises 1 Sam. 24. 6. 10. c. 26. 9. 11. 23. 2 Sam. 1. 12. 16. The Lord forbid that I should do this thing unto my Master the Lords Annointed
the king or his invading Forces though they indeavour to subvert Religion Laws Liberties as the Doctor himself states the controversie whose arguments will hardly satisfie conscience being so voyd of reason â—ence yea science The eighth is this None of the Prophets in the old Testament reprehending the Kings of Israel and Iudah for their grosse Idolatry cruelty oppression did call upon the Elders of the people for the duty of resistance neither do we finde the people resisting or taking up Arms against any of their kings no not against Ahab or Manasseh upon any of these grounds Ergo resistance is unlawfull To which I must reply first That none of the Prophets did ever forbid resistance in such cases under pain of Damnation as our new Doctors do now Ergo it was lawfull because not prohibited Secondly that as none of the people werethen inhibited to resist so not dehorted from it therefore they might freely have done it had they had hearts and zeal to do it Thirdly Iosephus resolves expresly That by the very Law of God Deuter. 17. If the King did contrary to that Law multiply silver gold and horses to himself more then was fitting the Israelites might lawfully resist him and were bound to do it to preserve themselves from Tyrannie Therefore no doubt they might have lawfully resisted their Kings Idolatry cruelty oppressions Fourthly Hulderichus Zuinglius a famous Protestant Divine with others positively affirms That the Israelites might not onely lawfully resist but likewise depose their Kings for their wickednesses and Idolatries yea That all the people were justly punished by God because they removed not their flagitious idolatrous Kings and Princes out of their places which he proves by Ieâ—em 15. where after the four Plagues there recited the Prophet subjoynes the cause of them saying Verse 4. I will give them in fury to all the Kingdoms of the Earth that is I will stirre up in fury all the kings of the earth against them because of Manasseh the son of Hezekiah king of Iudah for that which he did in Ierusalem This Manasseh had committed many wickednesses by Idolatrie and the shedding of innocent blood as we may see in the one and twentieth Chapter of the second of the Kings for which evills the Lord grievously punished the people of Israel Manasseh shed over much innocent blood untill he had filled Ierusalem even to the mouth with his sins wherewith he made Iudah to sinne that it might do evill before the Lord Therefore because Manasseh King of Iudah did these most vile abominations above all that the Amorites had done before him and made the Land of Iudah to sin in his uncleanesse therefore thus saith the Lord God of Israel Behold I will bring evill upon Ierusalem and Iudah that whosever shall hear both his ears shall tingle c. In summe if the Iews had not thus permitted their King to be wicked WITHOVT PVNISMENT they had not been so grievously punished by God We ought to pull and cast away even our eye that offends so a hand and foot c. If the Israelites had thus DEPOSED Manasseh by consent and suffrages of all or the greatest part of the multitude they had not been so grievously punished of God So Zuinglius with whom even B. Bilson himself in some sort accords who in desending interpreting his opinion confesseth That it is a question among the Learned What Soveraigney the whole people of Israel had over their Kings confessing that the peoples rescuing Ionathan that he â—â—ed not when Saul would have put him to death Davids speech to the people when he purposed to reduce the Arke all the Congregations speech and carriage toward Rehoboam when they came to make him King with the peoples speech to Ieremy Thou shalt die the death have perswaded some and might lead Zuinglius to think that the people of Israel notwithstanding they called for a King yet RESERVED TO THEMSELVES SVFFICIENT AVTHORITY TO OVERRVLE THEIR KING IN THOSE THINGS WHICH SEEMED EXPEDIENT AND NEEDFVLL FOR THE PVBLIKE WELFARE else God would not punish the people for the kings iniquity which they must suffer and not redresse Which opinion if as Orthodox as these learned Divines and Iosephus averre it not onely quite ruines our Opposites Argument but their whole Treatises and cause at once But fiftly I answer that subiects not onely by command of Gods Prophets but of God himself and by his speciall approbation have taken up Arms against their Idolatrous Princes to ruine them and their Posterities A truth so apparent in Scripture that I wonder our purblinde Doctors discern it not For did not God himself notwithstanding his frequent conditionall promises to establish the Kingdom of Israel on David Solomon and their Posterity for Solomons grosse Idolatry occasioned by his Wives tell Solomon in expresse terms VVherefore for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely REND THE KINGDOM FROM THEE and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Did not the Prophet Abijah in pursuance hereof rending Ieroboams garment into twelve pieces tell him Thus saith the Lord the God of Israel behold I will rend the Kingdom out of the hand of Solomon and will give ten tribes to thee And I will take the Kingdom out of his sons hand and will give it unto thee even ten Tribes and I will take thee and thou shalt reign according to all that thy soul desireth and shalt be King over Israel and I will for this afflict the Seed of David Yea did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of Iesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David everafter and made Iereboam King over all Israel And doth not the Text directly affirm Wherefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a
more by the fundamentalls of that State then our Great Councell will or can But now the Emperour being supreme as S. Peter calls him or the Higher Power as S. Paul here there is no power of resistance left to any that are under him by the Apostle 4 Was there ever more cause of resistance then in those dayes Were not the Kings then not onely conceived to be inclined so and so but even actually to be enemies of Religion had overthrown Laws and Liberties And therefore if any should from the Apostles reasons that he gives against resistance in the 3 4 5 Verses for Rulers are not a â—error to good works but evill and he is the Minster of God to thee for good replie That Rulers so long as they are not a terror to the good but ministers for our good are not to be resisted the consideration of those times leaves no place for such exception because the Powers then which the Apostle forbids to resist were nothing so but subverters of that which was good and just The Emperors did then indeed rule absolutely and arbitrarily which should have according to the Principles of those dayes beene a stronger motive to resist But how did they make themselves of Subjects such absolute Monarchs was it not by force and change of the Government and was not the right of the People and Senate according to the Principles of these dayes good against them with as much or more reason then the right of the people of this Land is against the Succession of this Crown descending by three Conquests 5. The prohibition doth not onely concern Christians but all the people under those Emperors and not onely Religion was persecuted but Liberties also lost the people and Senate were then enslaved by Edicts and Laws then inforced on them by Nero and other Roman Emperours yet notwithstanding the Apostle prohibits them to resist By all which conscâ—ence will clearly see it can have no warrant in Scripture for resistance to wit of the King or his invading Forces by way of necessary defence So the Doctors and other Obâ—ectors hence conclude To give a satisfactory Answer to this grand Objection I shall in the first place inquire Whether there be anything in this Text prohibiting subjects to resist with Force the armed unjust violence of their Princes persons or instruments especially when they are bent to overthrow Religion Laws Liberties the Republike and turn professed Tyrants And under correction I conceive there is not the least syllable or shadow in this Text for any such inhibition as is pretended Not to insist upon the words higher Powers odained of God c. which extend not unto Tyrannie and illegall exorbitant oppressions of which hereafter I shall deduce my first Demonstrations to prove this negative Assertion from the occasion inducing the Apostle to insert these objected Verses into this Epistle Dr Willet recites 7. Reasons of it all fortifying my assertion I shall mention onely the three most probable most received of them and apply them as I go First the Roman Magistrates being then infidels the new converted Christians among them either did or might take themselves to be wholly exempted from any subjection or obedience to them reputing it a great incongruity that Christians should owe any subjection to Pagans To refute which error the Apostle informs them that though the Magistrates themselves were Ethnicks yet their Authority and Power was from God himself therefore their profession of Christianitie did rather oblige them to then exempt them from subjection Thus Haymo Soto Calvin Guather Marlorat Willet Pareus with others on this Text. Turn this Reason then into an Argument and it will be but this Non sequitur Christianity exempts not subiects from due obedience to iust Pagan Magistrates Ergo Tyrants may not be resisted neither ought the Parliament and their Forces to resist the Kings Cavalleers unjust assaults as the case is formerly stated Pretty Logick and Divinity 2. The Gaulonites as Iosephus records with other Iews being Abrahams seed held it unlawfull for them to yeeld any subjection or tribute to the Roman Emperors or other Heathen Princes reigning over them whereupon they demanded this question of Christ himself Is it lawfull to pay tribute to Caesar Matth. 12. which error perehance spread it self into the Christian Church by reason of Evangelicall Libertie grounded on Ioh. 8. If the Son shall make you free then are ye free indeed Mat. 17. Theâ— are the Children free and Ro. 6. We are not under the Law but under Grace To refell this mistake the Apostle inserted these passages into this Epistle Thus Soto Calvin Peter Martyr Willet and others Whence nothing but this can be properly concluded Neither the Prerogative of the Iews nor Liberty of Christians exempts them from due subjection to lawfull heathen Magistrates because they are Gods Ordinance Ergo No Subjects can with safe conscience defend themselves in any case against the unjust invasions of Tyrannicall Princes or their Armies A palpable Inconsequent Thirdly the Apostle having formerly taught that Christians might not avenge themselves lest some might have inferred thereupon as many Anabaptists have done that it was not lawfull for Christians to use the Magistrates defence against wrongs nor for the Magistrate himself to take vengeance of evill doers To prevent this the Apostle argues That the Magistrates are Gods Ministers appointed by him to punish Malefactors and take vengeance on them So Gualther Willet and others To conclude from this ground Oppressed Subjects may seek redresse of their grievances from the Magistrates who may lawfully punish Malefactors Ergo they may not resist with force Tyrannicall bloody Magistrates or their wicked Instruments when they actually make war upon them to ruine spoyl enslave them is but a ridiculous Non sequitur There is nothing therefore in the occasions of the Apostles words which gives the least colour to disprove the lawfulnesse of such resistance or of the Parliaments just defensive war Secondly this is manifest by the whole Scope of this Text which in summe is onely this That Christians ought in conscience to l be subject to all lawfull higher Powers so farre forth as they are Gods Ordinance Gods Ministers for their good to the praise of the good and punishment of evill doers and not to resist them in the execution of their just Authority Or Christianity exempts not Christians from obedience unto faithfull Civill Magistrates to inferre from thence Ergo it is unlawfull for Christians in point of conscience to resist their Magistrates when they warre upon them to subvert Religion Lawes Liberties slâ—y plunder them is but a meer non-sence deduction Thirdly this appeares most perspicuously from the motives to obedience and reasons against resistance of Magistrates specified by the Apostle in the text it selfe First the higher Powers must be submitted to and not resisted because they are ordained of God and are Gods Ordinance vers 1. 2. But they are ordained
Guilliandus Adam Sasbout with sundry others This then being irrefragable hereby it is most apparent First that no resistance of the higher powers is here prohibited but onely in the due and legall execution of their offices For if any inferiour Officers illegally indeavour to subvert Religion Lawes Liberties and unrightly governe the people they may lawfully be resisted by them For example if a Maior Justice of Peace Constable or other officer extravagating from the common course of Law and Justice shall with force of armes in a riotous manner assault any private man or the whole Citie or Village where he lives to beate wound kill plunder dispossesse the inhabitants of their houses goods franchises or assult them on the highway side to take away their purses in these and such like cases both in point of Law and conscience he may not onely be forcibly resisted but repulsed apprehended battered if not lawfully slaine by the people and proceeded against as a delinquent The reason is because these illegall unjust actions are not onely besides without their Commissions but directly contrary to their offices and the Lawes which never gave them authority to act such injustice yet they are higher Powers ordained of God within this Text and no way to be resisted in the due execution of their Offices according to Law If then these inferiour Officers may be thus forcibly resisted repulsed notwithstanding this Text in such cases as these then by the selfe same reason Kings and Emperours may bee thus resisted too since the Text extends indifferently to them both Let then the objectors take their choyce either affirme that no inferiour lawfull Officers whatsoever may be forcibly resisted by the people or repulsed arraigned censured for their misdemeanour by vertue of this Text which would bring an absolute Tyranny Anarchy and confusion presently into the world and make every Constable as great a Tyrant Monarch as the grand Emperor of the Turks or else confesse that this Text condemnes not such resistance even of Kings and Princes when they forcibly war upon their Subjects to subvert Religion Lawes Liberties and ruine the republike since it makes no distinction at all betweene the onespower and the others but equally enjoynes subjection prohibits resistance unto both and that onely in just administration of their severall authorities not in the arbitrary unjust prosecutions of their wils and lusts Secondly it followes that the Kings Souldiers Cavaliers and Forces now raised against Law and armed onely with illegall Commissions voyd in Law as I have proved are none of the high powers ordained of God nor lawfull Rulers or Magistrates within the meaning of this Scrâ—pture and so the forcible resisting of them and of the Kings illegall commands and designes executed by them is no resistance of the higher powers here prohibited Thirdly that tâ—e Hoâ—ses of Parliament being in truth the highest powers ordained of God in this Realme and their just legall Ordinances Votes Forces for the necessary defence of Lawes Liberties Religion against the Kings ill Counsellors and Malignant Popish Forces neither may nor ought in conscience to be resisted by the King himselfe or any of his Subjects Souldiers under the perill of that damnation mentioned in this Chapter For the second Whether the Roman Emperor in Pauls time was the highest Soveraign power in the Roman State or not It is taken for granted by Doctor Ferne and other opposites that he was as a thing past doubt the Senate and people as they say having resigned up their power to the Emperour But this no doubt is a grosse errour which I have largely refuted in the Appendix and therefore shall be the briefer here derived from some civill Lawyers who out of Iustinian Digest lib. 2. Tet. 2. and Instit. Tit. 2. falsly affirme that Lege Regia by the regall Law the Senate and people transferred all their Empire and power unto the Emperour For first the Senate and people as Albericus Gentilis well observes did not by this Law give the Emperour all power and command to dispose of them or the lands and revenues of the Empire as he pleased but onely to governe them according to their Lawes as men not to slay and alienate them as beasts Thus reason dictates so the words of the Law sound Divines are deceived Lawyers flatter who perswade that all things are lawfull to Princes and that their power is highest and free It is ridiculous to affirme that absolute power over the subjects belongs to Popes which belongs not to the Emperours themselves over the Italians from whom they derive it Imagine therefore that the Emperour had a power never so free yet it is not of dominion but of administration And he who hath but a free administration hath not the power of donation e Agardian is then reputed in stead of a Lord cum tutelam administrat non cum pupillum spoliat when he rightly administers his tutelage not when he spoyles his pupill So Gentilis If then the Emperours had onely a free legall administration not an absolute dominion granted them by the people then this soveraigne power still resided in the Senate and people as Iustinian Digest lib. 1. Tit. 2. De Origine Iuris will sufficiently manifest Secondly Iohn Bodin a learned Civilian clearely proves That the Roman Emperors were at the first nothing else but Princes of the Commonweale The SOVERAIGNTY NEVERTHELESSE STILL RESTING IN THE PEOPLE and THE SENATE So that this Common-wealth was then to have beene called a Principality although that Seneca speaking in the person of Nero his Scholler saith I am the onely man amongst living men elect and chosen to be the Lieutenant of God upon earth I am the Arbitratour of life and death I am able of my pleasure to dispose of the state and quality of every man True it is that he tooke upon him this Soveraigne authority by force wrested from the people and Senate of Rome therefore not freely given him by any Law but IN RIGHT HE HAD IT NOT the State being but a very principalitie WHEREIN THE PEOPLE HAD THE SOVERAIGNTY In which case THERE IS NO DOUBT but that IT IS LAWFULL to proceede against a Tyrant by way of justice if so men may prevaile against him or else by way of fact and OPEN FORCE if they may not otherwise have reason As the Senate did in the first case against NERO and in the other against Maximinus So Bodin who directly resolves that even in Nero his raigne when this Epistle was written the highest soveraigne power was not in the Emperour but in the Senate and people who notwithstanding this objected Text had no doubt a lawfull Right not onely to resist Nero when he turned Tyrant with open force but likewise judicially to arraigne and condemne him even to death as they did for his publike crimes Now that the Soveraigne highest Power remained in the Senate and people notwithsâ—anding this Lex Regia Marius
not of the Government is not within the intention of this Text and may lawfully bee resisted without any violation of it But Tyrants and unjust oppressing Magistrates as they are such are not Gods ordinance but rather the Devills and their Tyranny and oppression is onely the sinne and enormity of the Governours themselves not of the government A truth granted by all men Therefore they are not within the compasse of this Text and may lawfully be resisted without any violation of it Secondly that which is no point of the Magistrates lawfull power ordained of God but diametrally repugnant to it cannot be within the meaning of this Text and may lawfully be resisted but the tyranny oppression rapine and violence of lawlesse Kings and Magistrates are such as all must and doe acknowledge Ergo they are not within the verge and compasse of this Text and may lawfully bee resisted Thirdly all powers intended in the Text are not only ordained but ordered of God that is as Paraeus with others observe they are circumscribed bounded with certain Rules or Lawes of justice and honesty within which they must containe themselves else they exorbitate from Gods ordinance when they passe beyond these limits and become none of Gods This the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Arias Montanus and others render ordinatae and the Margin of our English Bibles are ordered of God doth sufficiently warrant being coupled with the subsequent limitations For rulers are not a terrour to good workes but to evill c. they are Gods Ministers attending continually on this very thing Now the Tyranny and oppression of Kings and other Rulers are meere exorbitances arbitrary illegall actions exceeding the bounds of justice and honesty prescribed by the Lawes of God and men Therefore not within the limits of this Text and resistible Fourthly it is generally accorded by all Commentators that though the lawfull power of Princes or other Magistrates degenerating unto Tyrants be of God and not to be resisted yet the Tyranny it selfe and abuse of this power is of Satan not of God and the vice of the persons onely not of the Power it selfe whence they conclude that Tyrants are not within the meaning of this Scripture So Origen Paraeus Willet with mâ—â—t others on this Text and Zuinglius most expresly Explanatio Artic. 41. Tom. 1. f. 82. 83. where he complaines that many Tyrants cheate steale rob slay plunder and attempt any thing against their subjects to oppresse them assuming a pretext and vayle of their maâ—ice from this Text of Paul Yea Dominicus Soto Cajetan Pererius and other Popish commentators on this place observe that Paul addes this Epithet of higher or excelling powers omitted by him in other parallel Texts of purpose to exclude Tyrants who are no excelling Lords nor lawfull Powers reigning oft times by Gods permission for the peoples punishment not by his ordination for their good and blame Bucer for saying that Tyrants power is from God as if he were the author of sinne and Tyranny This then fully answers that absurd errour of Docto Ferne wherein all his force is placed That the Powers in Pauls dayes which he here prohibits to resist were subverters of that which was good and the Roman Emperors Tyrants where he sottishly confounds the tyranny lusts and vices of the Emperors persons which were detestable with their power it selfe which was good and commendable as if the Imperiall power it selfe was ill because Nero was ill and was therefore justly condemned to death by the Roman Senate as a publike enemy to the Roman State though they approved and continued his just Imperiall principality which lasted in succession for many hundred yeares after his censure death To which I shall onely adde that though Nero himselfe were a Tyrant yet the Roman Senate and all their Inferiour Offices were not Tyrants many of them no doubt being just and upright Magistrates The Precept therefore being thus in the generall and the plurall number Let every soule be subject unto the higher powers nor personall let them be subject to Nero or speciall to the Roman Emperour whom Paul no doubt would have specified had he specially intended them as our opposites fondly dreame we may safely conclude that the Apostle intended it onely of lawfull powers and Magistrates not of Nero or other Tyrants And writ this to Christians onely to whom he dedicates this Epistle witnesse Ch. 1. V. 7. To all that be at Rome beloved of God called to be Saints c. not â—o Pagan Romans as the Doctor dreames to whom he writes not much lesse to the Roman Senate who were then the soveraigne power and therefore could bee subject to no other but themselves Precepts of obedience to children and Servants concerne not parents and matters as such in point of submission or obedience For the fourth Quere Whether Kings and Kingdomes be Gods ordinance or an institution Iure divino not a humane ordinance instituted Iure â—umano or how farre divine or humane Is a necessary considerable question grounded on this Text and very needfull to be discussed to cleare the present controversie Some of our opposites are so intoxicated with the divinity of Monarchy as they confidently determine hat the efficient cause of royall Monarchicall power is onely God not the people That Kings receive no power or regall Authority from the people but from God alone That the power of Kings is not a humane but a divine power of which God onely is the efficient cause That the people doe not make the King but God properly and absolutely this power right and authority he hath from God That the King hath no dominion and power from his Subjects by way of trust but from God from whom he hath his kingdome and power so â—hat by Idolatry and oppression he breakes not the trust reposed in him by hiâ— Subjects because the people HAVE COMMITTED NOTHING TO HIS CHARGE but God onely c. For proofe whereof they produce Prov. 8. 15. By me Kings reigne Dan. 2. 21. God removeth Kings and setteth up Kings Dan. 4. 17. 25. The most high ruleth in the kingdome of men and giveth it to whomsoever he will and setteth up over it the basest of men with Hos. 13. 11. 1 Sam. 10. 1. Ier. 27. 5 6 7. Isay 45. 1 2. and other Texts To this question distinctly answer and dissipate these grosse erroneous Paradoxes we must distinguish First betweene Government it selfe in generall and kingly or other kindes of government in speciall as our opposites distinguish betweene a Sabbath and the Sabbath the first they say is morall and of divine institution the later not Secondly betweene the Regall power of Kings the persons invested with this power the manner of obtaining and the administration of their power Thirdly of Gods manner of instituting and ordaining things which is two fold immediately by himselfe mediately by others And these institutions of both kinds are
either universall extending to all places Nations or particular concerning some Countries and Nations onely and not others Perpetuall for ever or temporall onely for some set time Immutable not capable of the least alteration or mutable and that either at the pleasure of God onely or at the will of men when they shall see just cause either in part or in whole Fourthly in what severall senses things may be said to be of God First in respect of his owne immediate institution Secondly of his generall or speciall commands Thirdly of his generall or speciall disposing providence without any speciall institution or command Fourthly of his approbation of assent unto and blessing on the meere institutions of men Fiftly of his permission onely To apply these distinctions to the present occasâ—on First it is cleare that power and government in generall are Gods owne institution who as he hath appointed in the great fabricke of the world a certaine constant forme of government and subordination of one creature to another so he hath for the good of mankinde appointed that there should be some forme of government or other among men in the world which in respect of families hee hath specially and universally dâ—creed as that the wife should be subject to the husband the children to the parents the servants to their masters but in regard of Commonweales or Nations hee hath left it arbitrary and indefinite leaving every Nation and Country free liberty to elect such a publike politike forme of government as themselves should judge most expedient for their publike good and that mutable since all humane things are so as they should see just occasion not prescribing any sempiternall immutable forme of government to any particular Nations Regions much lesse to all the world Secondly government in generall being thus of God but the kindes of it thus left arbitrary to mens institution and free election the particular governments instituted by any Nation for the better regulating of their lives the preservation of humane society and advancement of Gods glory may be truely said in some sense to be of God though instituted invented by men Not because God himselfe did immediately ordain or prescribe them by speciall command to all or any one people or because God himself did immediately ordaine or prescribe them by speciall command to this all or any one people but because hee by his generall or speciall providence did direct this Nation to make choyse of such a government or gave them wisedome to invent and settle it as most commodious for their republike till they should see cause to alter it or because he blessed and approved it when invented and received by them Thirdly Kingly powers Kingdomes Kings the things now in question are and may be said to be of God and ordained of God in no other manner or sense then all other particular Governments or Magistrates are For this Text of the Romans speaking onely of the higher powers the powers that are and of Rulers as doth that place of Titus 3. 1. And the Text of Prov. 8. 15 16. so much relied on by the objectors extending as well to all subordinate Rulers as Kings witnesse the subsequent words By me Kings reigne and Princes decree justice by me Princes rule AND NOBLES yea ALL THE JUDGES OF THE EARTH that is all Magistrates whatsoever it cannot but be yeelded that all and every lawfull kinde of government all lawfull Rulers and Magistrates of what sort soever are of Gods ordination and his ordinance as farre forth as Monarchies are and what is truely affirmable of the one is of the other too These generalls thus premised as indubitable I say first of all That Monarchy or regall power is not of God nor yet Gods ordinance by way of immediate divine institution or speciall command from Gods owne free motion as our opposites affirme it For first God himself never immediately instituted a royall Monarchicall government in any Nation whatsoever no not among his owne people whose government was at first Paternall and Paâ—riarchicall next Aristocraticall then Regall not by Gods immediate institution and volâ—â—â—ary designation but by the peoples earnest importunity contrary 〈…〉 as is evident by 1 Sam. c. 8 and 9 and 10 and 11. Hos. 8. 4. and the Appendix Secondly All Poliâ—icians and Historians grant that the originall erection of all Monarchies was either by the peoples free consent and ordination or by Tyranny and usurpation or by conquest none by divine institution or speciall command from God And it must needs be so because most kingdomes were primitively erected either among Pagan Nations and States who knew not God nor his Word or among Christian States since speciall commands and Revelations from heaven ceased which if our opposites deny I shall desire them to instance in any one Monarchy in the world instituted immediately by God himselfe or by speciall command from his owne free motion Till this be done all their asseverations will be accounted fabulous Thirdly if Regall power be Gods ordinance by way of divine immediate institution and command then this institution of Regall Monarchy with the severall Prerogatives and boundaries of it would appeare in some Text of Scripture and this government would be specially and perpetually prescribed either to all or some particular Nations by God himselfe But this institution with the generall Prerogatives and bounds of Regall Authority are no where extant in Scripture neither this forme of government therein prescribed but left arbitrary to all or any Nation in particular for ought any man can demonstrate Those Texts which concerne the Kings of the Israelites in point of soveraignty and Prerogative being judiciall onely and peculiar to that Nation nor morall or extending unto others Therefore it is not Gods ordinance by way of divine immediate institution or command Fourthly if it were of divine ordination in this sense then the Regall power and authority of all Kings and Monarchs in the world should bee equall yea the very same and there should be no different kinde of Kings as the divine authority of all Ministers being of Gods owne institution by one and the same commission is one and the same But the regall power and jurisdiction of all Kings and Monarchies in the world is not equall nor the same for some have farre greater authority then others there are many different sorts of Kings in the world some onely annuall â—thers for life others hereditary others at will deposible at the peoples pleasures when ever they offended Such were the Kings of the Vandalls in Africk of the Gothes in Spaine cum ipsos deponerent populi quoties displicuissent such the Kings of the Heruli Procopius Gothieorum Of the Lombards Paulus Warnafredi l. 4. 6. Of the Burgundians Ammianus 11. lib. 28. Of the Moldavians Laonichus Chalcocandylas the King of Agadis among the Africans Ioannis Leo lib. 7. Of the Quadi and Iazyges in excerptis Dionis with
I answer First That this Text speakes onely of the promotion or Reigne of Kings not of the erection and power of Monarchies and so doe Daniel 2. 21. c. 4. 17. 25. c. 5. 2â— 28. with the other objected Scriptures Secondly If it be meant of the rule of Kings then true it is that good Kings Reigne by Gods direction according to his word executing justice and judgement 〈◊〉 he enjoynes them But then it is not true of wicked Kings and Tyrants who though they Reigne by Gods Providence or permission yet they rule not by his word and will as he prescribesthem Thirdly If it be meant of the meanes and manner of Kings comming to their Kingdomes as I conceive it is and the Texts of Daniel perswade True it is first That some Kings Reigned and came to the Crowne by Gods immediate nomination and designation as Saul David Solomon Ieroboam Iehu and Hazael did But that all or most did heretofore or now doe so especially in Pagan Kingdomes is a notorious falshood Secondly it is true That most lawfull Kings in hereditary or elective Kingdomes come to their Crownes and Reigne though not by Gods immediate nomination yet by his ordinary or speciall providence though it be untrue of Vsurpers and Tyrants who come to Reigne by Treason Murther or other unlawfull meanes and so by Gods permission onely rather than his providence and then the sense of the place is but this That Kings receive their Crownes and Reigne by Gods generall or more speciall providence Which I thinke is the full and proper sense of the place In this sense C. Plinius Seeundus a heathen in his admirable Panegyric to the Emperour Trajan a Pagan Rhetorizeth thus of him Quid enim praestabilius est aut pulchrius munus Deorum quam castus sanctus Diis simillimus Princeps Ac si adhuc dubium fuisset sorte casuque Rectores terris an aliquo numine darentur Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM Non enim occulta potestate fatorum sed ab Iove ipso coram ac palam repertus electus est c. Which Tertullian thus seconds speaking even of the Roman Pagan Emperours Inde est Imperator under homo antequam Imperator inde Potestas ei unde spiritus Per Deum tantus est So Irenaeus Cujus jussu homines nascuntur hujus jussu Reges constituuntur And Diodorus Siculus of the Aegyptians Existimant non SINE DIVINA QUADAM PROVIDENTIA pervenisse ad summam de omnibus Potestatem So the Esses hold this opinion Non obtingit cuiquam Imperium sine Dei cura speciali So Vitigis Omnis Provectus maxime Regius ad Divinitatis munera referendus est and Clemens Romanus too Regem timeto sciens Domini esse electionem Which Grotius de Iure Belli l. 1. c. 3. Sect. 8. confirmes with other Authorities all concurring in this That Kings and Emperours are such onely by the selfe-same PROVIDENCE OF GOD by which they were men before they were Emperours which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions then their being men by the selfe-same providence of God gave them before they were Emperours as Tertullians words most clearely prove But what priviledge this alone should yeeld to Kings more than to any other Magistrates Men or Beasts for my part I cannot yet discerne For doth not the same Text say of Nobles Princes Judges as well as of Kings Prov. 8. 15 16. By me Princes put as contradistinct to Kings decree justice By me Princes Rule AND NOBLES YEA ALL JUDGES OF THE EARTH Doth not David say of all kinde of Promotions whatsoever Psal. 113. 7 8. The Lord raiseth the poore out of the dust and lifteth the needy out of the dunghill that he may set him with Princes even with the Princes of his people And Psal. 75. 5 6. Promotion commeth neither from the East nor from the South but God is the Iudge he putteth downe one and setteth up another Nay doth not Christ informe us That the very haires of our head are all numbred That two sparrowes are sold for a farthing and yet one of them shall not fall on the ground without our Fathers providence Yea doth not every man yea every Bird Beast Fish Raven and living creature whatsoever as the Scripture expressely resolves receive enjoy their Lives Honours Offices Estates food rayment being preservation by Gods generall and speciall providence as well as Kings their Crownes Honours Lives Estates And is not the providence yea are not the very Angels of God who are all ministring spirits sent forth to minister to them who shal be heirs of salvation as vigtiant â—ver every pious Christian though never so mean despicable as over the greatest Monarch in the world If so as all men must necessarily acknowledge there being no râ—spect at all of persons with God who accepts not the persons of Princes regards the rich no more thâ—n the poor for they are all the work of his hands then kings reigning by the Providence of God can of itself no more â—xempâ— them from resistance censures deprivations for their deteâ—table publike crimes then it exempts any other Nobles Princes Iudges Magâ—strates Christians or the meanâ—st subiects whatsoever which I shall make good by one more unanswerable demonstration There is not one of our Antagonists but will acknowledge that Prie sunder the Law and all Ministers under the Gospell if rightly qualified are made such not only by Gods speciall Pâ—ovidence but likewise by Divine institution from God himself Nay Tollet Willet and many others on this very Text of the Romanes make a difference between the civill and Ecclesiasticall Regiment and Power for the first say they is so from God that yet the institution thereof may be devised and altered by man and therefore Peter calls it the Ordinance of man but the spirituall Power is immediatelly instituted by God and no wayes alterable or determinable by man And therefore the Apostle saith Ephes. 4. 11. He gave some to be Apostles some Prophets some Evangelists c. So that by their determination Ministers are more Gods Ordinance and more jure Divino then Kings yea but few years since they all professed themselves to be as much if not more Gods anointed then Kings and some of our Archest Prelates made publike challenges in â—he open Court That if they could not prove their Lordly Episcopacy to be Iure Divino they would presently burn their Rochets and lay down their Bishopricks though they never made good their promises to doubt whether the Pope and his supreme Authoritie be iure Divino by Christs own immediate institution deserves a fagot in the Roman Church Yet not withstanding all this Divine Right and institution our Opposites will grant That if Popes Archbishops Bishops Priests Ministers preach false Hereticall doctrines oppresse wound slay rob
the soule of which the conscience is a chief-overruling part This then being altogether irrefragable gives our Antagonists with Dr. Fern an etern all overthrow and unavoidably demonstrates the resistance of the Higher Powers here prescribed to be only of iust lawfull powers in their lâ—st commands or punishments which we must neither corporally verbally nor so much as mentally resist but readily submit too with our very soules as well as bodies not of Tyrants or ungodly Rulers uniust oppressions Forces proceedings to subvert Religion Lawes Liberties which all our Opposites all Divines whatsoever grant we are bound in conscience passively to resist and disobey yea with our Tongues to reprehend and our Souls and spirits to oppose detest abhorre hate in the very highest degree of opposition notwithstanding this inhibition And therefore by like reason are no wayes prohibited but authorized by it even forcibly to resist to our utmost power have we meanes and opportunity so to doe as the Parliament now hath That power and procâ—edings which Christians may lawfully with good conscience yea and are bound to resist with all their souls minds tongues they justly may and must likewise resist with all their corporall might and strength especially if they have good opportunity publike encouragements and meanes to do it as Deut. 6. 12. 1 Pet. 5. 9. Iude 3. 4. Phil. 1. 27 28. 1 Cor. 16. 13. compared together and with the premised Scriptures fully evidence But Christians may lawfully with good conscience yea must resist with all their souls minds tongues the fore-named violent proceedings of kings Oppressors ill Counsellors and Cavaleers and no wayes submit unto them with their souls minds tongues lest thereby they should approve and be partakers with promoters of their execrable deâ—ignes therefore they may and must with safe conscience resist them with all their corporall might and strength having now opportunity a Parliamentary publike command and sufficient meanes to execute it And thus have I now at last not onely most clearly wrested this sword out of the hands of our great opposite Goliahs but likewise cut off their heads and so routed all their forces with it as I trust they shall never be able to make head againe Yet before I wholly take my leave of this Text to gratifie our Prelaticall Clergy I shall for a parting blow adde this one observation more That all our Popish Clermen heretofore and many of them till this day notwithstanding the universality of this Text Let every soule be subject to the higher Powers c. not only Pretended themselves to be of right exempted from the jurisdiction censures taxes of Emperours Kings and all Civill Magistrates Which priviledges some of our late Prelates began to revive as the late cases of Mr. Shervill the Maior of Arundel and some others evidence censured for punishing drunken Priests but likewise held it lawfull to censure excommunicate depose even Emperours and Kings themselves and interdict their Kingdomes witnesse not only the Popes excommunications of many Emperours and Kings by apparant usurpation and injury but of sundry Prelates excomunications of their own Soveraigns as of right and putting them to open penances as K. Suintilla Sancho Ramir in Spain and others elswhere of which you may read divers presidents in my Appendix The History of St. Ambrose his excommunicating the Emperour Theodosius for the bloody murther of those of Thessalonica is so commonly known that I need not spend time to recite it nor yet the excommunications and censures of our King Iohn or Henry the 2. and 3. Suano King of Denmark as Saxo-Grammaticus records was not onely sharply reprehended but excommunicated in a most bold and solemn manner by one of his Bishops for his uncleannesse and murthering some eminent persons of whom he was jealous whiles they were at their devotions in the Câ—urch This Bishop instead of meeting this King when he came to enter into the Church with accustomed veneration clad in his Pontisicalibus with his Crosier Staffe kept him from entring so much as within the Court thereof calling him not by the name of a King which he suppressed but a shedder of mans blood and not content to chide him he fixed the point of his Staffe in his brest preferring the publike scandall of Religion before private society not being ignorant that the Offices of familiarity were one thing the rights of Priesthood another thing that the wickednesses of Lords as well as servants ought to be revenged nor are Noble-mens crimes to be more partially censured then ignoble ones And not content thus to repulse him he added an execration therunto and denounced a sentence of damnation against him in his presence so as he left it doubtfull whether he repulsed him more valiantly with his hand or voyce Hereupon the King considering this Act to proceed from zeale and publike seveâ—ity against wickednesse and being confounded with the blush of his guilty conscience forbad any to resist his violence and patiently underwent heard both his repulse and reprehention After which this King laying aside his royall Robes put on old course apparell desiring rather to testifie his sorrow by the deformity of his habit then his contempt by the splendor of it And struck with so sad a sentence of the Bishop he would not indure to carry about the ornaments of Royall Magnificence but casting away the ensignes of Regall Majesty he put on sack-cloth the badge of peniâ—ence putting off his power likewise together with his vestment and of a sacrilegious Tyrant became a faithfull reverencer of holy things For returning bare-foot to the Church-porch he cast himselfe prostrate in the entrance thereof and humbly kissed the ground suppressing the griefe which is wont most sharply to be inflicted from contempt with shamefac'â—nesse and moderation redeeming the fault of his bloody reigne with shame and penitence After which confessing his fault and craving pardon with teares of the Bishop he was absolved and then putting on his Royall Robes admitted into the Church and brought up to the Altar to the exceeding joy of the people who applauding the kings humiliation and modesty plus poenitentia pium quam imperio scelestum euasisse coâ—fessus A memorable story of a zealous stout Prelate and of a penitent submissive wild Prince I shall only adde to this some few domestick presidents of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgistill another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him of all Christian communion Whereupon Teudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun
all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop oâ— Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needserre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transceâ—ds my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceiye they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaâ—es 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are scut by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meer inconsequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressors who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meer non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants be subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill â—asters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free-borne subiects as all men know the one being under the arbitrary rule and government of their Masters the other only under the just setled legall Government of their Princes according to the Lawes of the Realme Sâ—condly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction â—een is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6 which bids us Honour the King bids 〈◊〉 first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or â—nvade their Estates to ruine them Since then inferiour Officers and other men may be forcâ—bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike aâ— I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or dare take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common
sence and reason that any man or Nation should so absolutely irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants and such a thing as no man no Nation in their right sences were they at this day to erect a most absolute Monarchie would condescend to then clearly the Apostle here confirming onely the Ordinances of men and giving no Kings nor Rulers any other or greater power then men had formerly granted them for that hâ—d been to alter not approve their humane Ordinances I shall infallibly thence inferre That whole States and Subjects may with safe conscience resist the unjust violence of their Kings in the foresaid cases because they never gave them any authority irresistably to act them nor yet devested themselves much lesse their posterity whom they could not eternally inslave of the right the power of resisting them in such cases whom they might justly resist before whiles they were private men and as to which illegall proceedings they continue private persons still since they have no legall power given them by the people to authorize any such exorbitances Fourthly The subjection here enjoyned is not passive but active witnesse ver 15. For so is the will of God that by WELL DOING to wit by your actuall cheerfull submission to every Ordinance of man for the Lords sake c. you put to silence the ignorance of foolish men as free and not using your liberty c. If then this Text be meant of active not passive obedience then it can be intended onely of lawfull Kings of Magistrates in their just commands whom we must actually obey not of Tyrants and Oppressours in their unjust wicked proceedings whom we are bound in such cases actually to disobey as our Antagonists grant and I have largely evidenced elsewhere Wherefore it directly commands resistance not subjection in such cases since actuall disobedience to unjust commands is actuall resisting of them And that these Texts prescribing resistance tacitely should apparantly prohibit it under pain of Treason Rebellion Damnation is a Paradox to me Fifthly This Text doth no way prove that false conceit of most who hence conclude That all Kings are the Supream Powers and above their Parliaments and whole Kingdoms even by Divine institution There is no such thing nor shadow of it in the Text. For first This Text calls Kings not a Divine but Humane Ordinance If then Kings be the Supreamest Power and above their Parliaments Kingdoms it is not by any Divine Right but by Humane Ordination onely as the Text resolves Secondly This Text prescribes not any Divine Law to all or any particular States nor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before for if it should give Kings greater Authority and Prerogatives then their people at first allotted them it should alter and invade the settled Government of all States contrary to the Apostles scope which was to leave them as they were or should be settled by the peoples joynt consent It doth not say That all Kings in all Kingdoms are or ought to be Supreame or let them be so henceforth no such inference appears therein It speaks not what Kings ought to be in point of Power but onely takes them as they are according to that of Rom. 13. 2. The Powers that ARE c. to wit that are even now every where in being not which ought to be or shall be whence he saith Submit to the King as supreame that is where by the Ordinance of man the King is made supreame not where Kings are not the supreamest Power as they were not among the ancient Lacedemonians Indians Carthaginians Gothes Aragonians and in most other Kingdoms as I have elsewhere proved To argue therefore We must submit to Kings where the people have made them supreame Ergo All Kings every where are and ought to be supreame Iure divino as our Antagonists hence inferre is a grosse absurdity Thirdly This Text doth not say That the King is the supreame soveraigne Power as most mistake but supreame Governour as the next words or Governours c. expound it and the very Oath of Supremacie 1. Eliz. Cap. 1. which gives our Kings this Title Supreame Governour within these his Realms Now Kings may be properly called Supreame Magistrates or Governours in their Realms in respect of the actuall administration of government and justice all Magistrates deriving their Commissions immediately from them and doing justice for and under them and yet not be the Soveraign Power as the Romane Emperours the Kings of Sparta Arragon and others the German Emperours the Dukes of Venice in that State and the Prince of Orange in the Nether-lands were and are the Supreame Magistrates Governours but not the Supreame Soveraigne Powers their whole States Senates Parliaments being the Supreamest Powers and above them which being Courts of State of Justice and a compound body of many members not alwayes constantly sitting may properly be stiled The Supreame Courts and Powers but not the Supreame Magistrate or Governour As the Pope holds himself the Supreame Head and Governour of the Militant Church and the Arch-Bishop of Canterbury stiles himself the Primate and Metropolitane of all England and so other Prelates in their Provinces yet they are not the Soveraigne Ecclesiasticall Power for the King at least Generall Councells or Nationall Synods which are not properly tearmed Governours but Powers are Paramount them and may lawfully censure or depose them as I have elsewhere manifested To argue therefore that Kings are the highest Soveraign Power because they are the highest particular Governours and Magistrates in their Realms as our Antagonists do is a meer Fallacie and Inconsequent since I have proved our own and most other Kings not to be the highest Powers though they be the Supreamest Governours Fourthly This Text speaks not at all of the Romane Emperour neither is it meant of him as Doctour Ferne with others mistake who is never in Scripture stiled a King being a Title extreamly odious to the Romanes and for ever banished their State with an Oath of execration by an ancient Law in memory whereof they instituted a speciall annuall Feast on the 23. of February called Regifugium the hatred of which Title continued such that Tully and Augustine write Regem Romae posthac nec Dii nec Homines esse patiantur And Caesar himself being saluted King by the multitude perceiving it was very distastfull to the States answered CAESAREM SE NON REGEM ESSE which Title of Caesar not King the Scripture ever useth to expresse the Emperour by witnesse Matth. 22. 17 21. Mark 12. 14 16 17. Luke 2. 1. chap. 20. 22 24 25. chap. 23. 2. John 19. 12 15. Acts 11. 28. chap 17. 7. chap. 25. 8 10 11 12 21. chap. 26. 32. chap. 27. 24. chap. 28. 19. Phil. 4. 22. Which Texts do clearly manifest that no Title was
ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Iews was written onely to the dispersed Iews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Iews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Iosepâ—us the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Iews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Iosephus Pâ—ilo Iudâ—us de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ. Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Iews being inferiour to their whole Senates and Congregations and to do all by their advice as Iosephus Antiq. Iud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Iews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Iewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three ArgumentS The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly â—or a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer1 First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepherds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrinâ—s and open assâ—ults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assâ—ults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common exploded Argument of the Popish Clergy To prove themselves superiour to Kings and exempt from all secular Iurisdiction because they are spirituall Fathers Pâ—â—stors Heads to Kings who ought to obey not judge and censure them as Archbish. Stratford and others argue But this plea is no ways available to exempt Clergy men from secular Jurisdiction from actuall resistance of parties assaulted nor yet from imprisonment censures and capitall executions by Kings and Civill Magistrates in case of capitall Crimes Therefore by like reason it can not exempt Kings from the resistance censures of their Parliaments Kingdoms in case of tyrannicall invasions We deride this Argument in Papists as absurd as in sufficient to prove the exemption of Clergy men I wonder therefore why it is now urged to as little purpose against resistance of Tyrants and oppressing Kings and
the Statutes of 26 H. 8. c. 13. 1 E. 6. c. 14. 5 E. 6. c. 11. 1 Eliz. c. 6. 13 Eliz. c. 1. words against the King delivered even in Preaching are made and declared to be high Treaeson as wel as bearing Armes and striking blowes yea the Statute of 1 2 Ph. Ma. 6. 9. makes certaine prayers against this persecuting Queen high Treason and by the Statute of 25 E. 3. c. 2. it is high Treason for any man to COMPASSE OR IMAGIN the death of the King Queen Prince as wel as to slay or leavy warre against them If then we may by the Objectors confession the practises and examples of the Primitive Christians against Iulian and others fight with our Tongues Prayers Teares Imaginations against our Soveraignes who turne Tyrants and Persecutors and thereby suppresse conquer confound them of which none make scruple though our Statutes make it no lesse then high Treason in some cases then questionlesse they may by the selfe same reason and ground resist them with open force notwithstanding any inhibition in Scripture We may not must not resist any lawful King or Magistrate in the just execution of his office so mush as with a repugnant wil thought prayer teare we may yea must resist an oppressing persecuting Tyrant with all these therefore with any other Armes meanes Hezekiah David Moses Abijah Asa resisted their invading enemies and conquered them with their prayers but yet they provided to repulse and vanquish them with other externall Armes The Christians resistance and vanquishing their Emperour Iulian with the one is an infallible argument they might doe it with the other too there being no such distinction in the objected Scriptures that we may fight against and resist them with our prayers teares not armes Fourthly this Father saith not that it was unlawful for the Christians to use any other weapons but teares against Iulian the onely thing in question No such â—yllable in the Oration but onely that they had no other Armes to resist and conquer him with being utterly destitute and spoyled of all other humane helpe Therefore their want of other Armes and helpe not the unlawfulnesse of using them had they had them was the onely ground they used prayers and teares not aâ— meâ— To argue then those who are destitute of all Armes but prayers and teares must use them onely Ergo those who have other Armes besides prayers and teares may not lawfully use them to resist a Tyrant is but Scholastical Nonsence yet this is the very uttermost this authority yeelds our opposites In one word this Father informes us that this Apostate Emperour Iulian would not make open warre at first upon the Christians because this would altogether crosse the end he aimed at marke the reason Nos enim si vis inferatur acriores obstinatioresque futures ac tyrannidi obnixum pietatis TUENDAE STUDIUM OBJECTUROS cogitavit Solent enim fortes generosi animi ei QUI VIM AFFERRE PARAT CONTUMACITER OBSISTERE non secus ac flamma quae a vento excitatur quo vehementius perflatur eo vehementius accenditur Which argues that the Christians would have forcibly resisted him had he at first with force invaded them therefore he weakened subdued disarmed them first by policy and then fell topersecute them with force when they had no meanes of resistance left The third authority is that of Bernard Epist. 221. to King Lewis of France Quicquid vobis de Regno vestro de animâ coronâ vestrâ facere placeat NOS ECCLESIAE FILII matris injurias contemptum conculcationem omnino dissimulare non possumus Profecto STABIMUS ET PUGNABIMUS USQUE AD MORTEM si ita oportuerit pro matre nostrâ ARMIS QUIBUS LICET non scutis gladiis SED PRECIBUS ET FLETIBUS AD DEUM Therefore it is unlawfull for Christians to resist with force of Armes I answer first that Bernard was both a Monke and Clergie-man prohibited by Scripture and â—undry Canons to fight with military Armes against any person or enemy whatsoever and he utters these words of himselfe as he was a Clergie-man servant and sonne of the Church in the selfesame sence as Saint Ambrose did before It was then onely his Calling not the cause which prohibited him forcibly to resist King Lewis Secondly I answer that this authority is so farre from prohibiting resistance of oppressing Princes endeavouring with force of Armes to subvert Liberties Lawes Religion that it is an unanswerable proofe for it even in our present case King Lewis to whom Bernard writes had then raised a civil warre in his Realme against Theobald and others who desired peace which the King rejecting Bernard doth thus reprehend him in the premisses Verum vos nec verba pacis recipitis nec pactae vestra tenetis nec sanis consiliis acquiescitis Sed nescio quo Dei judicio omnia vobis ita vertitis in perversum ut probra honorem honorem probra ducatis tuta timeatis timenda contemnatis quod olim sancto glorioso Regi David Ioab legitur exprobrasse diligitis eos qui vos oderunt odio habetis qui vos diligere volunt Nâ—que enim qui vos instigant priorem iterare maliciam adversus non merentem quaerunt in hoc honorem vestrum sed suum commodum imò nec suum commodum SED DIABOLI VOLUNTATEM ut Regis quod absit potentiam concepti furâ—ris hâ—beant effectricem quem suis â—e posse adimpleâ—e viribus non confidunt INIMICI CORONAE VESTRAE REGNI MANIFESTISSIMI PERTURBATORES Our present case in regard of the Kings evil seduâ—ing Counsellors Then immediately followes the objected clause At quicquid vobis c. After which he gives him this sharpe reproofe Non tacebo quod cum excommunicatis iterare faedus societatem nunc satagis quod in nâ—cem hominum combustionem domorum destructionem Ecclesiarum dispersionem paâ—â—perum raptoribus predonibus sicut dicitur adhaeretis juxta illud Prophetae si videbas furem curreâ—as cum eo c. quasi non satis per voâ— mala facere valeatis Dico vobis non erit diu inultum si haec ita facere pergitis c. Here this holy man prohibited by his orders to fight against this King his Soveraigne with his Sword fights strongly against and resists his vioâ—ence with his Penne. And although he may not use a Sword and Buckler in respect of his calling to defend his mother the Church against him yet he is so farre from yeelding obedience to and not resisting him according to Pauls and Peters pretended injunctions that he expresly tels him to his face That HE WOULD STAND AND FIGHT AGAINST HIM EVEN UNTO DEATH â—f there were need with such weapons as he being a Monk and Minister might use to wit with Prayers and teares though not with Sword and Buckler which were more prevalent with God against him then
ad impetum eorum qui nos volunt occid re Or that example of the Christian Theban Legion slain without the least resistance for their Religion who as an ancient Martyriologer saith Caed bantur passim gâ—adi is non reclamantes sed dâ—positis armis cervices persecutoribus vel intectum corpus offerentes warrant this deduction Ergo no Christians now must resist their invading enemies on the Sabbath day but must offer their naked bodiâ—s heads throats unto their swords and violence If not then these examples and authoâ—ities will no wayes prejudice our present resistance Fourthly the Christians not onely refused to resist their oppressing Emperours and Magistrates who proceeded judicially by a kinde of Law against them but even the vulgar people who assaulted stoned slew them in the streets against Law as Tertullians words Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus incendiis c. manifest without all contradiction and indeed this passage so much insisted on relates principally if not onely to such assaults of the rude notorious vulgar which every man will grant the Christians might lawfully with good conscience forcibly resist because they were no Magistrates nor lawfull higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13 14. Either then our Antagonist must grant that it is unlawfull in point of Conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no Magistrates and that it is unlawfull now for any Christians to resist Theeves Pirats or beare defensive Armes as the Anabaptists from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive warre and to make the primitive Christians all Anabaptists in this particular Or else inevitably grant resistance lawfull notwithanding their examples and these passages of not resisting The rather because Tertullian in the next preceding words puts no difference at all between the Emperour and meanest Subjects in this case Idem sumus saith he Imperatoribus qui vicinis nostris malè enim velle malè facere malè dicere malè cogitare de quoquam ex aequo vetamur Quodcunqâ—e non licet in Imperatorem id nâ—c in quenquam Fifthly admit the Christians then deemed all forcible resistanâ—e of persecuters simply unlawfull in point of Conscience as being a thing quite contrary to Christian profession and Religion then as it necessarily proves on the one side That even Christian Kings Princes Magistrates must in no wise forcibly resist the tumultuous Rebellions Insurrections and persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obliged with them not to resist with Armes much lesse then their Parliaments Forces lawfully raised for the publike defence So on the contrary part it follows not that therefore resistance is either unlawfull in it selfe or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare opinion that it was unlawfull to them cannot make it so to them or us in point of conscience since God hath not made or declared it so Secondly the primitive Christians held many things unlawfull in point of Conscience which we now hold not so Tertullian and others informe us That the Christians in his time thought it a hainous sinne Nâ—fas to pray kneeling on the Lords day or between Easter and Whitsontide and so by consequence to kneele at the Sacrament praying alwayes standing on those dayes in memory of Christs resurrection Which custome was ratified also by many Councels Yet then it was lawfull no doubt in it selfe for them to pray kneeling and we all use the contrary custome now The Christians then held it unlawfull to eat blood in puddings or any other meats as Tertullian Minucius Felix testifie and many Councels expressely prohibited it since as unlawfull Yet all Churches at this day deem it lawfull and practise the contrary The Christians in Tertullians dayes and he himselfe in a speciall Book De fuga in persecutione held it unlawfull to flee in times of persecution and therefore they voluntarily offered themselves to martyrdome without flight or resistance Yet we all now hold flying lawfull and all sorts practise it as lawfull yea many more then they ought to doe I might give sundry other instances of like nature The Christians opinion therefore of the unlawfulnesse of any armed resistance of Persecuters publike or private held they any such though seconded with their practice is no good argument of its unlawfulnesse without better evidence either then or at this present Thirdly the case of the Primitive Christians and ours now is far different The Emperours Magistrates and whole States under which they then lived were all Pagan Idolaters their Religion quite contrary to the Laws and false Religions setled in those States There were many Laws and Edicts then in force against Christian Religion unrepealed most Professors of Religion were of the lowest ranke not many wise Noble mighty men scarce any great Officer Magistrate or Senator was of that profession but all fierce enemies against it For Christians being but private men and no apparant body of a State to make any publike forcible resistance in defence of Religion against Emperours Senators Magistrates Lawes and the whole State wherein they lived had neither been prevalent nor expedient a great hinderance and prejudice to Religion and as some hold unlawfull But our present case is far otherwise our King Parliament State Magistrates People are all Christians in externall profession our Protestant Religion established Popery excluded banished by sundry publike Lawes the Houses of Parliament and others now resisting are the whole body of the Realme in representation and have authority even by Law to defend themselves and Religion against invading Popish Forces In which regards our present resistance is and may cleerly bee affirmed lawfull though the primitive Christians in respect of the former circumstances might not be so Secondly their resistance especially of the Magistrates not vulgar rabble if made had been onely singly for defence of their Religion then practised but in corners publikely condemned no where tolerated Our present war is not onely for defence of our Religion established by Law and to keep out Popery but for the preservation of Laws Liberties the very essence of Parliaments the safety of the Realme and that by authority of Parliament the representative body of the Realme The Parliaments defensive warre therefore upon these politicke grounds is just and lawfull though the Primitive Christians perchance in defence of Religion onely as its case then stood would not have been so even as the Roman Senators and States resisting of Nero or any other Tyrannicall Emperors violations of the Laws Liberties Lives Estates of the Senate people were then reputed just and lawfull though the Christians defence of Religion would not
have been so esteemed in those times And thus I hope I have satiâ—factorily answered this objection without shifts or evasions and rectified these mistaken Fathers meanings with which our Opposites have seduced the illiterate over-credulous vulgar I have now through Gods assistance quite run through all Obiections of moment from Scripture Reason Fathers against the lawfulnesse of the Parliaments present defensive war and discovered divers grosse errors yea Impostures in our Opposites writings wherewith they have perverted many mens Consciences and cheated the ignorant seduced world I shall therefore here adjure them in the presence of Almighty God as they will answer the contrary before his Tribunall at the Day of Iudgement seriously to consider these my answers and publikely to retract those their Errors false grosse mis-interpretations perveâ—sions of Scriptures Authors which I have here discovered And since they pretend nothing but the satisfying and keeping of a good Conscience in by others concerned in this Controversie to shew a syncere ingenuous Conscience therein themselves where they have been mistaken since the contestation pretended is not for Victory Time-serving or Self-seeking but for Truth Gods glory and the publike weal and if I have over-shot my self in any thing I shall promise them a thankfull acknowledgement and ready paline dy upon their information and conviction of any apparent oversights I may casually fall into Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns bent to subvert Religion Laws Liberties the Republike or deem it is a late upstart Novelty I shall conclude this discourse with such personall naturall and publike authorities as they shall not be able to balance with counter-resolutions in which I shall be as brief as I may be For personall Authorities I shall not be ambitious to remember many especially Papists whose common constant received opinion and practise hath alwayes been and yet is That Subjects upon the Popes command alone and absolution of them from their Soveraigns allegiance may and ought to take up even offensive Arms against their owne naturall Princes excommunicated interdicted deposed or onely declared contumacious Schismâ—ticall or Hereticall by the Pope without yea against their Kingdoms Parliaments privities or consents much more then with their approbation What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa 15. Quaest. 6. and Causa 23. in the very Oath of Supremacie and Statut of 3. Iacobi ch 4. which prescribes it in Bishop Iewels view of a seditious Bull in Doctor Iohn Wâ—ite his Defence of the way Chap. 6. 10. in Abbas Vsper geâ—sis Sabellicus Valateranus Grimston and others in the Lives of the Roman and German Emperours in Aventine his Annalium Boyorum the Generall and Particular Histories of France Sparn Germany Italy Sicily Hungary England in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion In suâ—dry Sermons on the fift of November to which I shall refer you In Pope Paschal his letter to Robert Earl of Flanders about the year of our Lord 1107. exorting him to war against those of Leige Henry the Emperour and his Assistants wheresoever he should finde them excommunicated and deposed as an Heretike and enemy to the Church telling him that he could not offer a more gratefull sacrifice to God then to ware against them concluding Hoc tibi Militibus tuis in peccatorum remissionem Apostolicae sedis familiaritatem praecipimus ut his laboribus triumphis ad Coelestem Hierusalem Domino praestante pervenias Which Let er was excellently answered by those of Leige And in the Councel of Towres in France under Lewes the twelfth Anno 1510. it was unanimously resolved by the Church of France That if the Pope did make war upon temporall Princes in lands which they held not of the patrimony of the Church they might lawfully by force of Arms resist and defend both themselves and others not only repulse this injury but likewise invade the lands of the Church possessed by the Pope their notorious enemy not perpetually to retain but to hinder the Pope from becomming more strong and potent by them to offend both them and theirs And that it was lawfull for such Princes for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience and with armed force to resist all censures denounced by the Pope against them their subjects and Confederates and that such sentences ought not to be obeyed but are mear nullities in law which obliege no man Yet I must inform you further in brief that Iohn Maior a Popish Schoolman in Lib. 4. Sentent as Grotius writes affirms That the people cannot deprive themselves of the power not onely of resisting but deposing Kings in cases which directly tend to their destruction and that Iohn Barclay a late Scottish Priest though a strenuous defendor of Princes Prerogatives expresly averres That if a King will alienate and subiect his Kingdom to another without his subiects â—onsents or be carried with atrâ—e hostile minde to the destâ—uction of all his people that his Kingdom is thereby actually lost and forfeited so as the people may not onely absolutely resist and disobey but depose him and elect another King to which Hugo Gortius a Protestant freely subscribes and Iohn Bodinâ—â— â—oweth of Subjects resistance yea deposing kings in some Kingdoms absolutely and in some cases generally in all De Repub. l. 1. c. 10. l. 1. c. 5 l. 5. c. 5. 6. For Protestant personall authorities we have Huldericus Zuinglius Explanatio Articuli 40 41 42 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance but deprivation of Kings Where Princes set themselves to subvert Religion Laws Liberties and that by the common consent of the States in Parliament from whom Kings originally receive their Royall power and authority Martin Luther Bugenhagius Iustus Ionas Ambsdorfius Spâ—lotinus Melancthon Cruciger and other Divines Lawyers Statesmen Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases Sleidan Hist. lib. 8. 18 22. David Chrytraeus Chron. Saxoniae l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto p. 231. 232. 225 227 c. A book intituled De Iure Belli Belgici Hagae 1599. purposely justifying the lawfulnesse of the Low-countries defensive war Emanuel Meteranus Historia Belgica Praefat. lib. 1. to 17. David Parâ—us Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands l. 5. to 17. passim Hugo Grotius de Iure Belli Pacis lib. 1. cap. 4. with sundry other forraign Protestant writers both in Germany France Bohemia the Netherlands and elsewhere Iohâ— Knokes his Appellation p. 28. to 31. George Bucanon De Iure Regni apud
Scotos with many Scottish Pamphlets justifying their late wars Ioh. Ponet once B. of Winchester his Book intituled Politick Govern p. 16. to 51. Alber. Gentilis de Iur Belli l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes intituled How superior Magistrates ought to be obeyed c. 9. 13. 14. 16. D. A. Willet his Sixfold Commentary on Romanes 13. Quaestion 16. Controversie 3. p. 588 589 590 608 c. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers common in every mans hands iustifying the â—aâ—ulnesse of the present defensive War whose Names I spare And lest any should think that none but Puritanes have maintained this opinion K. Iames himself in his Answer to Card. Perron iustifieth the French Protestant taking up Defensive Arms in France And Bish. Bilson a fierce Antipuritane not onely defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany Flaunders Scotland France but likewise dogmatically determines in these words Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince AND NOT BE CHARGED WITH REBELLION As where for example If a Prince should go about to subject his People to a forreign Realm or change the form of the Common-wealth from Impery to Tyrannie or neglect the Laws established by Common consent of Prince and people to execute his own pleasure In these and other cases which might be named IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY REGIMENT AND LAWS THEY MAY NOT WELL BE COVNTED REBELS I never denied but that the People might preserve the foundation freedom and forme of the Common-wealth which they fore prised when they first consented to have a King As I said then so I say now The Law of God giveth no man leave but I never said that Kingdoms and Common-wealths might not proportion their States as they thought best by their publike Laws which afterward the Princes themselves may not violate By superiour Powers ordained of God Rom. 13. wâ— understand not onely Princes BVT ALL POLITIKE STATES AND REGIMENTS somewhere the People somewhere the Nobles having the same interest to the sword that Princes have to their Kingdoms and in Kingdoms where Princes bear rule by the sword we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS BVT HIS PRECEPT DERIVED FROM HIS LAWES AND AGREEING WITH HIS LAWES Which though it be wicked yet may it not be resisted of any subject when derived from and agreeing with the Laws with armed violence Marry when Princes offer their Subjects not Iustice but force and despise all Laws to practise their lusts not every nor any private man may take the sword to redresse the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rigâ—â— and withhold him from doing wrong THEN BE THEY LICENCED BY MANS LAW AND NOT PROHIBITED BY GODS to interpose themselves for safeguard of equity and innoceâ—cy and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED but in no case deprived where the Scepter is Hereditary So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth point-blank against our Novell Court-Doctors and Royallâ—sts But that which swayes most with me is not the opinions of private men byassed oft-times with private sinister ends which corrupt their judgements as I dare say most of our Opposites in this controversie have writ to flatter Princes to gain or retain promotions c. But the generall universall opinion and practice of all Kingdoms Nations in the world from time to time Never was there any State or Kingdom under heaven from the beginning of the world till now that held or resolved it to be unlawfull in point of Law or Conscience to resist with force of Arms the Tyranny of their Emperours Kings Princes especially when they openly made war or exercised violence against them to subvert their Religion Laws Liberties State Government If ever there were any Kingdom State People of this opinion or which forbore to take up Arms against their Tyrannous Princes in such cases even for conscience sake I desire our Anâ—agonists to name them for though I have diligently searched inquired after such I could never yet finde or hear of them in the world but on the contrary I finde all Nations States Kingdoms whatsoever whether Pagan or Christian Protestant or Popish ancient or modern unanimously concurring both in iudgement and constant practice that forcible resistance in such cases is both iust lawfull necessary yea a duty to be undertaken by the generall consent of the whole Kingdom State Nation though with the effusion of much blood and hazard of many mens lives This was the constant practise of the Romans Grecians Gothes Moors Indians Aegyptians Vandals Spaniards French Britains Saxons Italians English Scots Bohemians Polonians Hungarians Danes Swedes Iews Flemmins and other Nations in former and late ages against their Tyrannicall oppressing Emperors Kings Princes together with the late defensive Wars of the protestants in Germany Bohemia France Swethland the â—ow-countries Scotland and elsewhere against their Princes approved by Queen Elizabeth king Iames and our present king Charles who assisted the French Bohemians Dutch and German Protestant Princes in those Wars with the unanimous consent of their Parliaments Clergy people abundantly evidence beyond all contradiction which I have more particularly manifested at large in my Appendix and therefore shall not enlarge my self further in it here onely I shall acquaint you with theâ—e five Particulars First that in the Germanes Defensive Wars for Religion in Luthers dayes the Duke of Saxonie the Lantzgrave of Hesse the Magistrates of Magdâ—burge together with other Protestant Princes States Lawyers Cities Counsellors and Ministers after serious consultation concluded and resolved That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases that defence of Religion and Liberties then invaded was one of these cases that the times were then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour
and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common safety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polmian Bohemian Danish Swedish Scâ—ttish with other Foraine Kingdomes yea in the Kingdomes of Iudah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw iust cause to censure suspend deprive them for their Tyranny viceâ— mis-government and sometimes capitally to proceed againâ—â— them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaâ—s Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliaâ—â— aiunt Regem nihil injuste facere pâ—sse quippe omnia 〈…〉 ipsos Tantumâ—◠〈◊〉 esse proprium quantum Regis Benignitas ei non â—â—lemeirt c. 〈…〉 Principes his similibus consiliis consiliariis facti sunt eaules miseri infames inhabile inse pâ—â—eritate sua amplius gubernandi Principisitaque Officium est ut non seâ—us curet subdiâ—os quam fidelis Pastor 〈…〉 conservet It is this tenth day of Iuly Ordered by the Committee of the House of Commons conâ—erning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lâ—â—â—es Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountâ—ble for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to fâ—atter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Iurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about thâ—m for a season sometimes for sundry yeares ere they can be perfectly drained and their bankes repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any bumane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through went of time and sundry interrupting Avocations then I desired wherein I have impartially according to my â—udgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affectâ—on as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long fore plotted conspiracies of Romish Priests and Iesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two muâ—h mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Iudges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in â—errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Iurisdictions Honours Profits and so may I. But this I dare with safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it In the meane time I trust I have here sufficiently discovered refuted many common impostures and erroneous grosse mistakes in Law Policy Divinity Antiquity which have in later ages beene generally
received as indubitable verities by most men yea professedly defended by sundry injudicious Lawyers and ignorant Divines though perchance reputed learned solid in their own and others opinions who never tooke the paines to dive into the true originall fundamentall creations institutions publicke Lawes Reasons Policies Iurisdictions compositions Rights Customes Histories of Kings Kingdomes Parliaments States Magistrates People the ignorance whereof hath made them confidently vent many grand absurdities and untruthes to the prejudice imbroyling and almost utter ruine of divers Kings and States which now I hope they will ingenuously acknowledge and recant with reall griefe and shame that they have so grossely cheated seduced Kings Kingdomes People and oft times stirred up civill warres to maintaine their idle lies crazy fictions as just Royall Rights and indubitable Prerogatives when as they are nothing lesse I shall not begge any mans beliefe of any Truth here newly discovered further than his own Iudgement conscience upon serious consideration shall convince him of it and himselfe discerne it fully ratified by substantial precedents and Authorities in the body and close of the Treatise Appendix Only this I shall request of every Reader to peruse over all the Parts of this Discourse with a cordiall Love of Truth and Peace and when he is convinced what is Truth then to live and dye in Pauls resolution 2 Cor. 13. 8. We can doe nothing against the Truth but for the Truth It was our Saviours owne reply to Pilate John 18. 37. For this end was I borne and for this cause came I into the world THAT I SHOULD BEARE WITNESSE UNTO THE TRUTH O then let it now be every ones end and practice too since it is the Truth and nothing else that shall make and keepe us free Free from Errors Troubles Tumults Warres Slavery Tyranny Treachery Popery dangers feares Wherefore love the Truth and Peace and then through Gods mercy we shall speedily regaine retaine them both Farewell THE Fourth Part of the Soveraign POWER of PARLIAMENTS and KINGDOMES The Parliaments Interest in the Militia Forts Navy Officers of the Kingdom IN the preceding Parts of this Discourse I have with as much perspicuity and sincerity as I could waded through those deepe and weighty differences of greatest importance which have lately to our great unhappinesse I know not by what evill spirits solicitation unexpectedly risen up by insensible degrees betweene the Kings Majestie and the present Parliament whose primitive sweet agreement made us not so happy as their subsequent Divisions in place affection opinion have rendred the whole three Kingdomes miserable in point of Royall Prerogatives onely which I have dispatched I should now proceed to other Controversies betweene them principally concerning the Subjects Liberties But before I passe to those particulars I shall present you with some few Records of speciall note casually omitted in their proper place through over-much haste and want of time which will very much cleare the Parliaments just right and ancient Jurisdiction In ordering the Militia of the Realme by Sea and Land in disposing the Ships the Forts of the Realme for the publicke safety in times of danger in concluding matters of Warre and Peace in placing and displacing the great Officers the Privy Counsellors of the Kingdome yea regulating the Kings owne houshold and meniall servants oft times when there was occasion which may serve as a supplement to the second part It it the determination of Henricus Rauzovius a Noble Dane a great Statesman and Souldier in his Commentarius Bellicus Dedicated to Christierne the fourth King of Denmarke Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes rightly and lawfully constituted are obliged by their paction entred into before their Inauguration Not to begin or move any Warre without the consent of all the Estates and Nobles Thus in my hearing Philip King of Spaine when he demanded and tooke an Oath from his Subjects in the Netherlands promised by a mutuall Oath to the Estates That he would make no warre in those parts without their priviâ—y The same also most Noble King is received and observed not only in your Kingdomes and 〈◊〉 but likewise is in use almost in all Europe Therefore Frederick your Father of most famous memory knowing himselfe to be bound hereunto by compact before he would be involved in the Swedish Warre communicating the whole businesse faithfully to his people as well to the Senators of the Realme as to the Nobles of the Dukedomes maturely advised with them about the manner of waging it Wherefore lest the Warre which is undertaken bee accused as unjust by the States because it was undertaken without their advice contrary to custome and agreements all ought to be assumed into the Counsell and care of Warre For thus it will come to passe besides that things very well thought on and deliberated by many have for the most part better successes then those things which are rashly begun by some one that the Subjects who not unwillingly bring their estates and lives into danger will lesse feare the losse of both will fight more valiantly and will put forth all their strength in prosecuting and ending the combate of warre even for this reason that themselves have beene the advisers of the warre Upon this reason not onely the Kings of the Iewes Arragon France Navâ—re and others as I have manifested in the Appendix but even of this our Realme have usually undertaken all their warres and ordered all their Military affaires both by Sea and Land by the advice and direction of their Parliaments as the Grand Councell of Warre both for King and Kingdome This I have plentifully manifested in the premises by sundry examples and shall here onely briefly ratifie with some few new Precedents In the first Parliament of 13 Ed. 3. after Proclamation made Num. 2. That none should come armed with weapons to the Parliament Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons to have their counsell and advice therein what was best to be done and expressed to be three First that every one great and small should consider in what manner the peace might most surely be preserved within the Realme Secondly how the Marches of Scotland and the Northerne parts might be best defended and kept against the enemies of Scotland Thirdly how the Sea should be guarded against the enemies that they should doe no dammage nor enter the Realme for to destroy it After thus Num. 4. The Bishops and Letters from the King then in France relate to the Houses the Estate of the Kings Army warres and proceedings in France and the great debts the King stood ingaged in for the maintenance of his Army for discharge whereof and the Kings further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
the Popes authority alone as some late Romanists pretend for he poore man had no such power but by THE DECREE DETERMINATION ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME who tacâ—o SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transferre the Empire JURE SUO By their owne right from the Greekes to the Germans and from Constantine to Charles the Great ever since which time it hath continued thus divided in the blood of Charles and other French and German Princes A most cleare demonstration that the most absolute Soveraigne power aâ—d disposall of the Empire resided not in the Emperours themselves but in the Seâ—e and people even from the very first Emperours till this partition of the Empire more then 800 yeares space and that their Emperours neglect to protect to ayde them against their enemies when they needed and craved help was a iust ground for them to reject his Soveraignty yea to create a new Empire and Emperour of another race as Pope Leo with all the Roman Clergy Senate and people then resolved not only in point of State policy but of Conscience too upon which very ground not only the Spaniards fell off from the Roman Empire electing them Kings and erecting Kingdomes of their own but likewise our Iland of Brittain the fairest plume of the Roman Diadem rejected the Roman yoake and Government to which it had been subject almost 500 yeares craving ayd against the Scâ—ts and Picts from the Saxâ—ns who therereupon became their Soveraigne Lords at last and disposessed them of the Kingdome Now that these revolts and changes of the Empire in this case were lawfull even in point of Conscience we have the resolution of Bishop Bilson himselfe in his Booke dedicated to Queen Elizabeth wherein he professedly defends the Soveraignty of Kings in these very words The Roman State and Common wealth had as goodright to dispose the Roman Empire as all other Christian and Heathen Kingdomes and Countries had to settle the sword and scepter that Reigned over them And since all other Nations once members of the Roman Empire were suffered to plant those severall formes of regiment which they best liked and when the Right Heires failed to elect their owne Governours I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realmes had done before them especially if the reports of your stories be true that they were neglected by the Grecians when they were besâ—iged by the Lombards and the scepter at Constantinople went not by descent or succession but by violent and wicked invasion and usurpation So he with whom Cassanaeus in his Catalogus Gloriae mun diâ— pars 5 consid 30. p. 248. accords and Iacobus Valdesius de Dignitate Regum Hisp. c 18. n 20 21. Sixthly After this division and translation of the Empire unto Charles the Great the Roman Empire for a time by permission and connivence of the French German States went by succession till Charles the Grosse after him wholly by Election the power of electing the Emperour residing in all the French German Princes 〈◊〉 at last it was by consent about the yeare 1001. translated to the 6 or rather 7. Princes Electors Yet during all this time the Soveraigne Power and Iurisdiction of the Empire resided only in the German Princes States and Diets not the Emperours themselves who had power not only freely to elect what Emperours they pleased but also to censure and depose their Emperours upon just grounds and to set limits to their Imperiall Iurisdictions Not to trouble you with the Histories of Ludovicus Pius Otho the great Henry the 1 2 3 4 5 6 7. Lotharius Fredericke Barbarossa Phillip Otho the fourth fifth Fredericke the 2 7. Albert the 1 Ludovicus Bavarus Sigismond and other Emperours who were much affronted persecuted warred against and some of them unjustly deposed and murthered by their Subiects Sons and the Princesâ—electors through the Popes procurement I shall pitch only upon such presidents as are pertinent to my purpose Charles the third surnamed the fat though he came to the Empire by discent yet the Princes Dukes and Governers of the Provinces of Germany and France seeing his great insufficiency and unaptnesse to governe he being growne a very foole and having lost his understanding did thereupon deprive him of his Empire and other Kingdomes and elected and crowned Arnolph Emperour in his stead He being thus degraded both of Realme Empire and forsaken of all the world not having so much as an house wherein to shroud himselfe retired into a poore village of Suabe where he lived some few dayes in extream misery and penury and soone after dyed not lamented nor pitied of any man Which deposition of his I have formerly proved lawfull though his subsequent ill usage was no doubt dishonourable and unjust So the Emperour Wenceslaus was deposed by the Princes Electors of the Empire for his insufficiency to governe and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the Empire giving himselfe over to vaine pleasures and delights which made his government dangerous and unprofitable for the Empire and Christian common wealth and Rupert made Emperour by them in his room After this about the end of Rodulph the second his imperiall raigne the Electors called a Dyet at Nurenberg from whence they sent ambassadors to the Emperour to acquaint him with the State of the Empire who told him that the Electors required above all things a reformation of justice That he should make choice of more faithfull officers and Councellors then formerly he had done That a generall Dyet might be called the spring following That the reason of the bad government of the common weale was for that his Majesty did not impart the important affaires of the Empire unto them as his Predecessours had done c. Whereupon he appointed a generall Dyet to redresse these disorders but dying before the day according to the golden Bull made in the yeare 1356 the Elector Palatine and he of Saxon were appointed Vicars Governours and Administrators of the Empire untill there were a King of Romans chosen to be Emperour After which they Elected Mathias who as Emperour and King of the Romans had not any City or Towne within the Empire the whole Territory of Germany belonging to the Electors Bishops Abbots Princes Earles Noblemen and free Townes What power the Princes Electors and German states had and yet have in electing rejecting deposing restraining their Emperours in calling Diets and making Lawes you may read more largely in Munster and Grimston By all which and other particulars which for brevity I shall omit it is most evident that the Supream Soveraigne Authority of the Roman State both under their ancient Kings and Emperours and of the Greeke and German Empires resided not in the Kings and Emperours themselves but in their Senates Diets People States who prescribed them conditionall Oaths at their Coronations and to whom they
were still accountable for their actions and misgovernment This Iohn Bodin a famous learned French Lawyer of great experience in State affaires surpassing all who writ before him of Republikes plainly affirmes in these words The Roman Emperours were at first nothing else but Princes of the Common weale that is to say the cheife and principall men the SOVERAIGNTY neverthelesse still RESTING IN THE PEOPLE AND SENATE the Emperour having the Soveraigne authority only infact not in right the State being but a very Principality wherein THE PEOPLE HAD THE SOVERAIGNTY So the German Empire at this day is nothing else but an Aristocraticall Principality wherein the Emperour is head and chiefe the POWER and majesty of the Empire BELONGINGâ— VNTO THE STATES THEREOF who thrust out of the Government Adolphus the Emperour in the yeare 1296 and also after him Wenceslaus in the yeare 1400 and that BY WAY OF IVSTICE AS HAVING IVRISDICTION AND POWER OVER THEM And so properly ancient Romans said Imperium in Magistratibus Auctoritatem in Senatu Potestatem in Plebe Maiestatem in Populo Command to be in the Magistrates Authority in the Senate Power in the Maeniall People and Majesty in the People in Generall The Senate in Rome did consult the people command for Livy oft times saith Senatus decrevit populus iussit the Senate hath decreed and the People commanded Which he there more largely prosecutes as you may read at leysure To all which Bishop Bilson himself doth fully assent affirming that Germany is a free state that the Emperour holds the Empire by election and that but on condition which he takes an oath to performe And if he violate their liberties or his oath they may not only lawfully resist him by force of armes but repell and depose him as a tyrant and set another in his place by the right and freedome of their Countrey And Cassanaeus holds that the people may take away the very name of the Emperour at this day degrade him and resume his royall power This then being an unquestionable verity disproves that palpable common mistake of Dr. Ferne with other ignorant Court Doctors and Royalists who would make the world and Kings beleeve that the Roman Emperours were of greater power and authority than the Senate people the highest powers upon earth to which all persons yea the Senate and people collectively considered ought to submit and that it was unlawfull either for the Senate or people forcibly to resist Caligula Claudius Nâ—ro and other their wickedest and most tyrannicall Emperours much lesse to depose take armes against or call them to a strict just account for their Tyranny Oppression or Misgovernment it being directly contrary to Pauls Doctrine Rom. 13. 1 to 6. Let every soule be subject to the higher powers c. which false groundlesse principle is the sole foundation upon which all their late Sermons Books and rayling Discourses against this Parliaments proceedings and taking up of defensive armes are built when as in truth the Senâ—te people were the highest powers to whoÌ„ the Roman Emperours themselves were to be obedient in all iust requests commands under paine of damnation and subiect to the Senates sword of â—ustice in case of disobedience misgovernment as all the premises evidence yea it likewise manifestly evidenceth that whole States Parliaments are the highest power and above their Kings who are subject to theÌ„ since the Roman and Greek Senates and people heretofore the very German States at this day are the highest power and above their Emperours though ever reputed of greater power Soveraignty and dignity than any Kings and the greatest Monarchs in the world and that therfore Kings even by Pauls Doctrine Rom. 13. ought to be subiect to the higher power and Iurisdiction of their Parliaments the Laws and Statutes of their Realmes and to be accountable to them if not subiect to their censures as some affirme in exorbitant cases of misgovernment which concern the Kingdomes and peoples safety If Kings iniuriously take away the lands goods or imprison the persons of any particular subjects the Law gives every one a particular remedy against them by way of Action or Petition of Right If then every private subiect may have redresse much more the whole Kingdome in and by Parliaments only not in inferiour Courts against their Soveraigns which oppresse them who being subiect unto the Lawes of God and their Realmes which have no respect of persons may as many affirme be questioned and iudged by them in their Parliaments as well as other princes great officers of State and Magistrates who in scripture are called Gods the higher powers and said to be ordained to rule judge by and for God as well as Kings and Emperours It is branded as a spice of Antichristian pride in Popes and their Parasites to deem themselves so High above other men that they are accountable to none but God for their wicked actions though many Popes in former and later times have been questioned censured imprisoned and deposed both by Emperours Kings and Councels for their intollerable misdemeanors And is it not the very selfe same crime in Kings in Emperours and their flatterers to hold this Popish erronious opinion that they are in no case responsible to their whole Kingdomes or Parliaments for their grossâ—st exorbitances Our Popish Prelates and Clergy generally heretofore and some of our Protestant Bishops and Divines of late times from St. Ambrose his practise have held that â—â—ings for murthers rapes and great crying offenceâ— may be Lawfully excommunicated and censured by the spirituall Law and sword as sundry Emperours and Kings have been then why not likewise by the temporall when their Parliaments and whole Kingdoms see just cause the case of hundreds of Emperours and Kings in former time as the Histories of all Nations and ages prove abundantly beyond all contradiction I shall here instance in some few Kings censures subject to the Roman State and Empire with whom I shall conclude this discourse touching the Roman Monarchs Deioratus King of Galatia under the Romans Iâ—risdiction and one of their allies was accused of Treason and condemned to lose both his head and estate for certaine offences against C. Caesar and the Roman State as appeares by Tullies Oration to Caesar in his behalfe to procure his pardon which because it was the first president of this kinde made his advocate say tamen ita inusitatum est Regem capitis reumesse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Deâ—oratus Antigonus King of the Iewes being taken prisoner by Antonius for
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
a long time under the mentioned kings spending their life in greatest felicity as long as this constitution of Lawes flourished And when these kings dyed all the Aegyptians generally mourned for them in an extraordinary manner divers wayes made solemne Orations in their praise buried them with great pompe and solemnity and erected Pyramides to their eternall honour all which funerall pompous solemnities many ill kings wanted after their deaths ob plebis refragationem because the people gain-sayed it who together with the Priests and Senates who were ever present with the kings to assist counsell and direct them were superiour to their kings since they could thus decree or deny them these funerall honours which made many of their following kings to addict themselves to just actions too for feare of contumelious handling and sempiternall ignominy after their decease So this Author To which I shall adde Xenophons definition of a Kingdome and Tyranny A kingdome is an Empire over men by their free assents according to the Lawes of the City And a Tyranny is an unlawfull Empire over men against their wills which depends upon the will of the Prince And this observation of Polybius That kings in ancient times did give themselves wholly to doe that which was honest and just and to suppresse the contrary the very beginning of all true kingdomes and the end for which kings were first instituted by the people Whiles they thus demeaned themselves they were subject to no envy because they differed not much from others neither in apparell nor in meat and drinke but observed a conversation of life conformable to other men and lived perpetually like to others But afterwards when those who obtained the principality of succession and the prerogative of their blood had those things already provided which made them able to secure themselves and to support their state following their lusts by reason of their abundance they then thought it belonged to Princes to be better clad then subjects to exceed them in costlinesse and variety of meats and to use venery with whom they pleased Hence envy and offence was begotten and implacable hatred and anger kindled and a kingdome by this meanes changed into a Tyranny Hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of Princes seditiously conspire against them and the people having got such Captaines to make resistance joyne with them for the foresaid causes that the Princes may be repressed And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots and the beginning of an Aristocracy again laid the people refusing to set any more a King over them yet not daring to commit the Republike 〈◊〉 many fearing as yet the iujustice of Superiours and therefore most esteeme equality and liberty So that the Soveraigne power of setling of changing the Kingdome and forme of government resides principally in the people who as hee there largely proves by the Lacedemonian and Roman state ought to enjoy the Supreame authority and to be above their Kings as it seems the Aegyptians did who deposed and expelled Evergetes their King for his cruelty and after him their King Ptolomaeus Auletes setting up Cleopatra his eldest child in his Thrâ—ne and as the Romane Senate did who had power to dispose of the common Treasury and revenue one of the greatest points of Soveraignty to appoint Lieutenants and Governours of Provinces to grant Triumphes to dispose of Religion for which cause Tertullian saith that never any God was received in Rome without the decree of the Senate and to receive answer and dismisse the Ambassadours of Kings and Nations which none else did but the Senate whose Soveraigne power was such that Tiberius the Emperour in the beginning of his Reigne called the Senators assembled altogether in the Senate Indulgentissimos DOMINOS his most loving LORDS and moved the Senate to divide the Empire not to commit it all to one man as we read in Tacitus though they were his Subjects and inferiours when divided and severally considered And such Soveraigne power had the Panaetolium or generall assembly of Parliament among the Aetolians who received and answered all Embassadours determined all affaires of warre and peace it being provided by the Lawes of the Aetolians that nothing should be intreated of concerning peace or war but in their Panaetolium or Pelaicon Councell as Livy and Bodin record But to leave these ancient and come neerer our present neighbor Kings and Kingdomes of greatest eminencie and power which may paralell our owne The Kings of France to whom Cassanaeus in his Catalogus Gloriae mundi gives precedency before all others and to the Emperour himselfe whiles but elect before his Coronation have in ancient times been inferiour to their Kingdomes Parliaments and subiect to their censures even to deposition if not more though some cry them up for absoluts Monarchs and make them little better then Tyrants now Iohn Bodin a learned French Lawyer and Statesman writes That in ancient times the Kings of the Cities of the Gaules were subject to their States whom Caesar for this cause oftentimes calleth Reguli little Kings being themselves subjects and justifiable to the Nobility who had all the Soveraignty causing them even to be put to death if they had so deserved And that is it for which Amphiorix the Captaine Generall whom they called the King of the Lingeois said Our commands are such as that the people hath no lesse power over us then we over the people Wherein he shewed evidently that he was no soveraigne Prince howbeit that it was not possible for him to have equall power with the people as we have before shewed Wherefore these sort of Princes if they polluted with wickednesse and villany cannot be chastised by the Authority and severity of the Magistrate but shall abuse their wealth and power unto the hurt hurt and destruction of good men IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onely but even for the subjects themselvâ—s also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France weâ—e inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to or punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an
usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kiâ—gs of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force unâ—ill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became odible to his subjâ—cts percâ—iving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subiects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childericus againe restored and made him King after whose death his sonne Clodoviuâ— was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lâ—ds murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himselfe to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subiects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brâ—ther to Theodericus King Ann. 669. who oppressing his subiects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Trespasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Common-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Dagobert the second dying without any Issue or knowne Heâ—re at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge taken upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the
people in the due subjection To thâ—s the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thingâ— and not do what they lifeâ— He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole abeast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in poiâ—t of Policie and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit. l. 1. c. 3 5. by Pope Zachary in his forecited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENâ—IBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their joyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be câ—owned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably wasted â—is Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and wâ—nt to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
they thought themselves most safe and that on the Lords owne sacred day a very unsutable time for such a bloody prophane infernall sacrifice No sooner was this mâ—tchlesse treachery of this king against his owne naturall subjects executed but he avowes and justifies that which he but the day before so solemnly and openly disclaimed as a meanes to cut off all commotions for time to come But this blood-shed begat new warres and made the Protestants in Languedoc Rochell and other parts to take up Armes in their owne defence and stand more strictly on their guard than ever before And God himselfe out of his Divine justice after this horrible Butchery committed by this dissembling cruell blasphemous King smote him with an answerable disease causing him to wallow in his owne blood which he pitifully vomited out in great abundance by all the conduits of his body for divâ—rs houres till he dyed A just judgement for him that barbarously shed blood thorowout all the Provinces of the Realme he in the mean time tossing in his bed and casting out many horrible blasphemies A notable spectacle for all unnaturall fidifragous Princes to looke on who imbrue their hands in the blood of their Christian subjects VVhich crime as the Authour of the French History observes made his reigne cursed in the City and cursed in the field cursed in the beginning and cursed in the ending mortalitie sword famine cursing feare and desolation following it even unto the end I shall conclude his reigne with the words of the French History Doubtlesse God loves not the Prince that thirsts after his subjects blood for the subjects blood is the very blood of their Prince Charles dying without Heire of his body the Crowne descended to his Brother Henry the third then king of Poland Anno 1574. his first designe was to extirpate the Huguenots and Protestant Religion thorowout the Realme though the Emperour Maximilian told him There is no sinne so great as to force mens consciences and such as think to command them supposing to win heaven doe often lose that which they possesse on earth His pernicious Cabinet Councellors to effect this designe cause him first to protest by sundry Proclamations his love to the good of his subjects and to abolish what was past so as they lay aside armes deâ—iver him all his Townes and live quietly in their houses without any search constraint or molestation for matter of conscience A policie practised onely to bring the Protestant party into slavery all those Proclamations making no mention of liberty of their Religion neither of a Parliament for the publike Government nor of a nationall Councell for matters of Conscience hereupon the Protestants stood the more upon their guards they are full of jealousie distrust doubt feare the King and his Popish Councell indeavouring by this wile to keepe the Protestant party at a gaze whiles they in the meane time made great preparations underhand to put aâ—mighty army into the field to ruine them without hope of rising So they arme on all sides especially in Poictoâ— the Protestants are besieged assaulted in many places and so manfully repulse their assailants that they are willing to hearken to a Treaty of peace wherein the Protestants demanding free exercise of their Religion thorowout all France new Chambers in the Parliament for the execution of justice punishment of the murtherers of them ease of imposts a free assembly of the generall Estates and an assurance for the entertainment of the pretended peace The King after fifteene dayes conference promiseth to content them all but he will have them to referre these demands to his will and so the Treaty vanished into smoake and new warres sprung up in every place with new Court-designes to undermine and circumvent the Protestants who are aided by a German Army Anno 1576. The Queen Mother seeing the Protestant party prosper in their warres makes a peace betweene the King and them who grants the Protestants all their former demands restores divers of them to their goods offices honours avows by a solemne Declaration the Massacres of them Anno 1572. to have beene committed against all right and law of Armes He ordained that the Children of such Gentlemen as had beene murthered should be restored to their parents goods and freed from all charges of warre yea he avowed their taking up of Armes as taken for his service c. Which Articles with the Kings Edict thereon were allowed by the Parliament at Paris But no sooner were their Forces disbanded but they began to finde this peace to be counterfeit being onely made to dis-arme them and divide their Commanders none of the premises being really performed In the mean time the house of Guise and their faction send their Agents to Rome and Spaine to joyne with them in a Catholike league and under pretence of extirpating Heresie and establishing the Roman religion thorowout France endeavour to settle the Crowne upon themselves their chiefe designes were to overthrow the succâ—ssion of the Crowne brought in by Hugh Capet in the full assembly of the Estates and to make the naming of a Successor subject unto the said Estates to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown to make the Estates protest to live and die in the faith set downe by the Councell of Trent to cause it to be signed in the open Parliament to revoke and anull all publike Edicts in favour of the Protestants and their associates and to pursue them to the death that should hinder the extirpation of Heresies c. These Articles of Association were first drawne at Peronne in Picardy but disguised with goodly shewes to blinde those that would examine them more exactly as being onely to maintaine the Law and restore the holy service of God to preserve the King and his Successors in the estate dignitie service and obedience due unto them by their subjects to reserve unto the Estates of the Realme their rights preheminences and ancient liberties And for the execution of these Articles a certaine forme of Oath was propounded inflicting pains of eternall damnation to the associates that for any pretext whatsoever should withdraw themselves from this league and a Bond for such as should be enrolled or imploy their goods persons and lives to punish and by all meanes to ruine the enemies and perturbers thereof and them that should faile or make any delayes by authorities of the Head as he should thinke fit Soone after a Parliament of the three Estates is assembled at Bloyes where the Catholike Leaguers after much consultation caused the last Edict of pacification in behalfe of the Protestants to be revoked and procured an Edict for the exercise onely of one Religion to wit the Popish to be tolerated within the Realme The King of Navarre the Prince of Conde the Marshall of Montmorancy with divers other Noblemen of both religions foreseeing these practices
and refusing to assist at this pretended Parliament concluded a nullitie of all that should be decreed to prejudice the former Edict of Pacification protesting that they were resolved to maintaine themselves in the Rights Liberties and freedomes which the Edict had granted them That the troublers of the publike quiet and sworne enemies of France should finde them in a just defence and they should answer before God and men for all the miseries that should ensue thereby Yea the Prince of Conde answered more sharply That he did not acknowledge them assembled at Bloys for the Estates of the Realme but a Conventicle of persons corrupted by the sworn enemies of the Crowne who have solicited the abolition of the Edict to the ruine and subversion of the Realme That if they had beene lawfully called he would have assisted for the sincere affection he beares to the Kings service and the quiet of his Countrey that he will never give his consent to the counsels of the Authors of so many confusions which he foresees c. Hereupon a sixt civill Warre begins betweene these Catholike Leaguers and the Protestants whose good successe caused the King An. 1580. to make a new peace with the Protestants and grant them their former immunities The Leaguers discontented herewith begin to cast forth Libels against the King disgrace him in companies as a Sardanapalus and idle Chilpericke 〈◊〉 to be shaved and thrust into a Cloyster They cause the Preachers publikely in all places to terme him a Tyrant an Oppressor of his people by Taxes and a favourer of Heretikes And under a pretence of suppressing Heretikes reforming publike oppressions and settling the succession of the Crowne in case the King should die without Heire they contrary to the Kings command who disavows them and forbids all leavyes of warre raise a great Army and so enforce the king to publish a Declaration in his owne justification and to procure his peace with them to revoke all Edicts made in favour of the Protestants and make open warre against them Hereupon the King of Navarre next Heire apparent to the Crowne for preservation of his owne interest and the Protestants complains against the kings proceedings layes open the mischievous Plots of the Leaguers and then with the Prince of Conde and other Nobles Gentlemen Provinces Townes and Commonalties of both Religions He protests by a lawfull and necessary defence to maintaine the fundamentall lawes of families and the Estates and libertie of the King and Queene his Mother The Leaguers hereupon procure Pope Sextus the fift to excomunicate the king of Navar and Prince of Conde to degrade them and their Successors from all dignities from their pretentions to the Crowne of France and to expose their Countries and persons in prey to the first that should seize on them The Court of Parliament declares this Bull of the Pope to be void rash insolent strange farre from the modestie of former Popes pernicious to all Christendome and derogating from the Crowne of France The Princes likewise protest against and appeale from it as abusive and scandalous to the next free and lawfull Councell The Leaguers pursue their begun warres against the King of Navarre and Protestant party who protest to use all lawfull meanes to resist the violence of their enemies and cast all the miseries that shall ensue upon the Authors thereof Fresh warres are hereby prosecuted against the Protestants by the Leaguers German Forces come in to ayde the Protestants after macombates the King desires peace but the Leaguers will have none and assembling at Nancy they endeavour to force the King to make his Will and allow the Regency unto them to which end they conclude That the King should be urged to joyne his Forces effectually with the League To displace such from their Offices as should be named To bring in the in the Inquisition of Spaine and publish the Councell of Trent but with a moderation of such things as derogate from the priviledges of the French Church To consent to the restauration of the goods sold by the Clergy for the charges of the warre To give them Townes to be named and fortified as the time and necessitie required To forfeit the Huguenots bodies and goods and to entertaine an Army upon the frontiers of Lorraine against the Germanes After which the Duke of Guise approaching to Paris enters it against the Kings command who was jealous of him mutinies the Citizens against the King who thereby is forced to retire from thence for feare of being surprized by the Duke who plotted to seize his Person After which the Duke by the Queene Mothers mediation is reconciled to the King who for feare of his power by an Edict of re-union admits no religion but the Popish promiseth never to make Peace nor Truce with the Heretikes nor any Edict in their favour bindes his subjects to sweare never to yeeld obedience after him to any Prince that shall be an Heretike or a favourer of Heresie degrades from all publike charges either in peace or war those of the Reformed Religion promiseth all favour to the Catholikes declares them guilty of High Treason who shall refuse to signe to this new union and shall afterwards depart from it But signing this forced Edict he wept To establish which Edict and work their further ends the Leaguers cause the King to summon a Parliament of the 3. Estates at Bloyes procuring those of their faction to be chosen of this Assembly where establishing the former extorted Edict they thereby exclude the King of Navarre an Herelike as they deemed him from the Crowne of France to which he was next Heire An Heretike cannot reigne in France it is an incompatible thing with the Coronation and Oath which he ought to take hurtfull to the honour of God and prejudiciall to the good of the Realme Then they declare the King an enemy to and oppressor of his people a Tyrant over his Realme that so the people should presently resolve to confine him unto a Monastery and install the Duke in his throne And at last the King being certainly informed of the Dukes traiterous designes to surpize him and usurpe his Throne caused the Duke and Cardinall of Burbon the chiefe Heads of the League to be suddenly slaine and others of them to be imprisoned Hereuppon the Parisiens mutinie and take up Armes afresh The Colledge of Sorbone concluded by a publike Act of the seventh of Ianuary 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys and that lawfully and with a good conscience they may arme against him receive his Revenues and imploy it to make warre against him After which the Assembly of the Estates dissolving the Parisiens imprison the Court of Parliament at Paris till they condescended to their pleasures and confirmed a generall Councell of the union consisting of fourty choice men of the three Estates to dispose of the publike affaires and
conferre with the Provinces and Townes of the League To which many Assistants were afterward added by the Nobles and a Declaration in manner of an oath for the entertainment of the Vnion made sworne and subscribed to by many one of which prickt his own Arme to signe it with his owne blood and became lame thereby The people condemne imprison spoile ransom of their absolute power and sell the goods of any that bears not the mark of their inraged faction Hereupon the King turning his lenitie into fury Proclaims them Rebels and Traitors if they come not in and submit by a day and reconciles himselfe to the King of Navarre They go on with greater insolency then before set out a great Army under the Duke of Mayenne crave assistance from the Pope and king of Spaine surprize divers townes robbe Churches ravish Wives and Virgins murther men of all sorts even before their Altars commit all the outrages wickednesses which irreligion and impiety could invent in madd Souldiers The King at last besieged Paris take some of the Outworks and was like to master the Citie but in the middest of this attempt he was stabbed in the belly with a Knife by Iames Clement a Iacobin Friar of two and twenty years old sent out of Paris to act this Tragedie on the kings person who vowed to kill the Tyrant and to deliver the City besieged by Seâ—nacherib The Murtherer was presently slaine by those who came in to assist the king who within few houres after died of this wound which he received in the self-same chamber wherein the Counsell for the Massacre of the Protestants was held on that fatall day of Saint Bartholmew 1572. A notable circumstance of Divine justice upon this Prince who being ever a zealous promoter of the Romish Religion was murthered by a Zealot of it and had his owne blood shed by those who spurred him on to shed the blood of Protestants in the very Chamber where the most babarous Massacre of Protestants that ever the world beheld was contrived Henry when the pangs of death seized on him declared Henry the fourth King of Navarre his brother in law the lawfull Successor of the Crowne of France as in Truth he was notwithstanding the Edict of Bloys to exclude all Heretikes from the Crowne The Parisiens and holy Vnion refuse to accept him for their Soveraigne proclaiming Charles the tenth for their King and triumphing exceedingly at Henry his death The Parliament at Bourdeaux commands all men under their jurisdiction by a Decree of the nineteenth of August 1549. To observe inviolably the Edict of Vnion in the Catholique Apostolike and Romish Church and Declarations are hereupon made The Parliament of Tholousa is more violent they decree That yearly the first day of August they should make processions and publike prayers for the benefits they had received that day in the miraculous and fearfull death of Henry the third whereby Paris was delivered and other Townes of the Realme forbidding all persons to acknowledge Henry of Burbon the pretended King of Navarre for King declaring him uncapable ever to succed to the Crowne of France by reason of the notorious and manifest crimes contained at large in the Bull of Excommunication of Pope Sixtus the fifth The Court of Parliement at Râ—an no lesse violent and presumptuous then that of Tholousa pronounced them guilty of High Treason both against God and man and the Estate and Crowne of France that had opposed themselves against the holy Vnion and all Royalists and their Successors deprived of all prerogatives of Nobility their Offices to be void not to be recovered and all their Goods forfeited Anno 1592. they renew this Edict every eight moneth Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched the King raising his siege before it and returning to Arques the Leaguers Army followed him and are there defeated after which the King with a small Army gaines many great Conquests which amaze the Leaguers he beâ—iegeth Paris above three moneths where more then one hundred thousand people died of famine yet they force the Parliament to pubâ—ish a Decree the fifteenth of Iune 1590. Forbidding upon pain of death all men to speak of any composition with Henry of Burbon but to oppose themselves by all meanes yea with the effusion of their blood But the Belly hath not Ears the people are not fed with paper or promises they mutinie and demand peace whereupon Deputies are sent to the King to treat a peace who to defeat the Spanish Army called in by the Leaguers raiseth his siege and routs the Spanyard with other Forces of the League in sundry places which makes many desire peace yet by meanes of Pope Clement the eighth his Bull the Duke of Mayenne and the Popes Legate they intend to summon a Convocation of the Estates of Paris to elect a new King desiring the Cardinall of Placentia to assist and confirme this their intended future election The Parliament of Paris removed to Chaalons gives sentence against the Popes Bull and nulls it The King sets out a Declaration against the Leaguers as Traitors and Rebels declares this Assembly of the Estates without his Authoritie to be against the Lawes against the good and quiet of the Realme and all that should be treated or concluded therein abusive and of no force On the contrary the Popes Legate by a publike exhortation full of injuries labors to perswade the French that the King long since dismembred from the bodie of the Church was most justly pronounced uncapable of the Crown The Spaniyards lobouring the Estates to elect the Infanta of Spain king the Parliament of Paris by a Decree of the eight and twentieth day of Iuly declare all Treaties made or to be made to that end void and of no validitie as being made to the prejudice of the Salique Law and othe fundamentall lawes of State The king to quiet these differences and gain peaceable possession of the Crown most unworthily deserts his Religion reconciles himselfe to the Church and Pope of Rome yet one Peter Barriere seduced and perswaded by a Capuchin of Lyons Aubry a priest of Paris and father Varide a lesuite was apprehendâ—d at Melua and executed for attempting to murther the King with a sharpe two-edged Knife which fact he confessed After this the Townes subject to the League returne by degrees to the obedience of the Crown the king is solemnly Crowned at Chartres Rhemes shutting the gates against him This done he surprizes Paris and notwitstanding their former â—ebellions grants them all free pardon upon their submissions The Parliament at Paris disanuls all the Decrees of the League and pretended assembly of Estates as void and done by private persons without due election grants Processe against the Iesuites as chiefe pillars of the League disgracing the new Kings Majesty and the memory of the deceased King in their Sermons and perswading the execrable attempt of Peter Barriere to stabbe him
not your own opinion alone in managâ—ng the affaires of the Realme Hereupon four and fifty Edicts and Commissions were revoked wherewith the Subjects had been oppressed When the King was to be Crowned the Prelates made this request to him at the Altar before his Coronation We pray and require that you would grant unto every one of us and the Churches whereof we have the charge the Canonicall priviledgeâ— good lawes and justice and that you will defend us as a king ought all his Bishops and their Churches Whereunto the king answered I promise to preserve you in your Canonicall priviledges as also your Churches and that I WILL GIVE YOV in the future GOOD LAWS and do you Iustice and will defend you by the help of God according to my power as a king in his Realm OVGHT TO DO IN RIGHT AND REASON to his Bishops and their Churches After which having been acknowledged their lawfull Prince BY A GENERALL CONSENT OF ALL THE ORDERS the Gardinall of Ioyeuse presented unto him the Oath of the Kingdome the sacred Bond of the fundamentall Lawes of the State the which he took publikely in these words with invocation of the Name of God having his hand upon the Gospell which he kissed with great reverence I promise in the Namâ— of Iesus Christ these things to the Christians subject unto me First I will endeavour that the Christian people shall live peaceably within the Church of God Moreover I will provide that in all vâ—cations theft and all iniquitie shall cease Besides I will command that in all judgements equitie and mercy shall take place to the end that God who is gentle and mercifull may have mercy both on you and me Furthermore I will seâ—k by all means in good faith to chase out of my Iurisdiction and the Lands of my subjection all Hereticks denounced by the Church promising by Oath to observe all that hath been said So help me God and this holy Evangell After this Bellarmines Book of the Popes power in temporall causes Becanus and Scoppius Books Marianaes Book de Râ—ge Regis institutione Suorez his Book with others which taught That the Pope was above Kings in temporall things and that it was lawfull for private subjects by the Popes authoritie to murther kings that were Heretikes and that the murthers of Henry the third and fourth by Chastle and Ravillac were lawfull and commendable were prohibited and condemned to be burnt by Edicts of Parliament Anno 1611. the Reformed Churches of France at their generall Assembly at Samure by the Kings permission made a generall Vnion which they did swear to keep inviolably for the good quiet and advancement of the said Churches the service of the King and Queen Regent and preservation of the Estate and appointed six Deputies therein for the dispatch of all their affaires Anno 1614. the Prince of Conde with divers other Princes Dukes Peers Noblemen and Officers of the Crowne retinued from the Court in discontent and meeting at Meziers writ severall Letters to the Queen Parliament and others complaining therein of divers gâ—ievancâ—s and disorders in the government which they desired might be redressed by summoning a generall Assembly of the three Estates to be free and safe to be held within three â—oneths at the furtâ—est protesting that they desired nothing but peace and the good of the Realme that they would nâ—t attempt any thing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the Cloke of State under the Queene Regents authority they should be provoked to â—â—pell the injuries done unto the King and State BY A NATVRALL IVST AND NECESSARY DEFENCE After which with much adoe Articles of Peace were concluded on at Saint Manchold between the King Queen Regent and these Nâ—bles wherein it was among other things accorded That the generall Estates of the Realme should be assembled at Sens by the four and 20. day of August in which the Dâ—puties of the three Estates may with all libertie propound whatsoever they shall think in their consciences to be for the good of the Realme and ease of the subject thaâ— thereby the King with the advice of the Princes Estates might make some good Laws and Ordinances to contain every man in his dutie to fortifie the Lawes and Edicts made for the preservation of the publike tranquilitie and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects That the Kings Mariage with Spaine formerly concluded on should be respited and not proceeded in during his minority that all Garisons put into any places of the Realme by reason of the present motions should be discharged that Letters Patents be directed to all Courts of Parliament to be verefied by which his Majestie shall declare that the said Princes Nobles and others of â— hat quality and condition soever which have followed and assisted them in these alterations had no bad intentions against his service with all clauses necessary for their safeties and discharges that they may not be called in question hereafter and that they shall be restored to their Offices Estates and Dignities to enjoy them as they had formerly done And in like manner his Majestie shall write to all Princes Estates and Common-wealths allied to the Crowne and men of qualitie shall be sent expresly to them to let them understand what he had found concerning the innocency and good intention of the said Princes Officers and Nobles After which the three Estates were published Deputies elected and the King by his Councel and Parliament of Paris was declared of full age according to a fundamentall Law made by Charles the fift ratified by the Court of Parliamnt That the Kings of France having attained the full age of thirteene years and entring into the fourteenth they should take upon them the Soveraigne Government of the Estate Whereupon the Queen Mother in the Parliament resignes the Regency and reignes of the Empire into his hands After which the three Estates assembling abolished the sale of all offices of judicature and others which tend to the oppression and ruine of the People suppresse Duels the Commons and Deputies of the three Estates present a Petition of all their grievances to the King consisting of severall natures and pray redresse And for the securing of the Kings Crowne and person against the Popes usurpations and attempts they desired that it should be declared by the said Estates and set down as a fundamentall Law That the King did not hold his Realme of any but God and his sword and that he is not subject to any superiour power upon earth for his temporall estates and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men whether it be lawfull to kill Kings The Clergy of France except against this Article as a point of doctrine and conscience not of State policie as the Commons
their Writers call the Gothish Kings who as Michaâ—l Ritius de Regibus Hispaniae L. 1 2. Iohannis Marâ—â—na de rebus Hispaniae L. 2 3. the Generall History of Spain and othes affirme were elected by and had their authority from the people You may reade their livâ—â— and successions at large in these Authors and finde some of them dis-inherited and deposed by their subjects others of them in ward during their minorities to such as the State appointed others murdered but all of them subject to the Lawes of their Realms as it is evident by the expresse ancient Law of the Wisigoths having this Title Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta by other lawes thereto annexed by Iohannis Mariana De Rege Regis institutione L. 1 c. 9. Those whom they properly call Kings of Spain had their royall authority derived to them conferred on them by the people upon this occasion Spain being a Province subject to the Roman Empire was spoyled over-runne and possessed by the barbarous Moors for many years in which time the Spanyards oft solicited the Roman Emperours for ayde to expell the Moors but could gain none Whereupon to free themselves and their Countrey from slavery they chose one Pelagius for their Captain by whose valour they conquered the Moors and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo whom the Spanish Writers mention as the first King of Spain And this their deserâ—ion by the Emperours the Spanish Writers generally hold and g Iacobus Valdesius proves it largely to be a sufficient lawfull ground for the Spanyards even by the generalâ— law of Nations to cast off their subjection to the Roman Empire and to elect a King erect a Kingdom of their own exempt from all subjection to the Emperor since they purchased their own libertie and Countrey from the Gothes by conquest of themselves alone without any aide or assistance from the Roman Emperours to whom for this reason they hold themselves and their Kingdom no wayes subject yet for all this they deem their Kings inferiour to their whole Kingdoms and censurable yea deposable by them as is cleer by the forecited passage of the Bishop of Burgen Ambassadour to the King of Spain in the Councell of Basill and by Iohannis Mariana the Jesuites Book de Rege Regis Institutione dedicated to Philip the third King of Spain printed at Madrit in Spain by this Kings own speciall priviledge Dated at Madrit Ianuary 25. 1599. and after this reprinted at Mentz in Germany Anno 1605. Cum privilegio sacrae Caesariae Majestatis to wit of the Emperour Radulph the second permissâ— Superiorum who certainly would not thus specially approve authorize this Book for the Presse had it maintained any Positions contrary to the Laws or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain though other States cannot so well digest it In this very Book the Authour who hath likewise written a large History of the affaires and Kings of Spain professedly maintains in a speciall Chapter wherein he debates this Question Whether the power of the Republike or King be greater That the whole Kingdom State and People in every lawfull Kingdom and in Spain it selfe are of greater power and authority then the King His reasons which I have for brevity digested into number in his own words are these First bâ—cause all Royall Power that is lawfull hath its originall from the People by whose grant the first Kings in every Republike were placed in their Royall Authoritie which they circumscribed with certain laws and sanctions lest it should too much exalt it selfe to the distruction of the Subjects and degenerate into a Tyrannie This appears in the Laceâ—aemonianâ— long since who committed onely the care of Warre and procuration of holy things to the King as Aristotle Writes Also by a later example of the Aragonians in Spain who being incited with an earnest endeavour of defending their libertâ—e and not ignorant how the Rights of Libertie are much diminished from smail beginnings created a middle Magistrate like the Tribunall power commonly called at this time Aragoniae Iustitia the Iustice of Aragon who armed with the lawes authoritie and endeavours of the people hath hitherto held the Royall Power included within certain bounds and it was specially given to the Nobles that there might be no collusion if at any time having communicated their counsell among themselves they should keep assemblies without the Kings privity to defend their Lawes and Liberties In these Nations and those who are like them no man will doubt but that the authoritie of the Republike is greater then the Kings Secondly because in other Provinces where the people have lesser and the Kings more power and all grant the King to be the Rector and supream Head of the Commonwealth and to have supream authoritie in managing things in times of warre or peace yet there the whole Commonwealth and those who represent it being chosen out of all Estates and meeting together in one place or Parliament are of greater power to command and deny than the King which is proved by experience in Spain where the King can impose no Taxes nor enact no Laws if the people dissent or approve them not Yea let the King use art propound rewards to the Citizens sometimes speak by threats to draw others to consent to him solicite with words hopes and promises which whether it may be well done we dispute not yet if they shall resist their judgement shall be preferred and ratified before the Kings will Thirdly because when the King dies without Issue or Heir the Kingdom and people not the Prince deceased oâ—ght to chuse the succeding King out of another â—amâ—ly Fourthly because if the King vexe the Republike with his evill manners and degenerate into an open tyranâ—â—â— the same Commonwealth may restrain him yea deprive him of the Principalitie and of hiâ— life to if need be which it could not do unlesse â—t were of greater Power then the King Fiftly because it is not likely that the whole Kingdom and Commonâ—weal would ever strip themselves of all Power and Authority and transfer it to another without exception without counsell and reason when they had no necessitie to do it that so the Prince subject to corruption and wickednesse might have greater Power then they all and the Issuâ— be more excellent then the Father the River than the Spring the Creature than the Creator of it And although perchance it be in the pleasure of the Commonweal to take away the pleanary Power from it self and give it to the Prince yet the Commonwealth should do unwisely to give it and the Prince rasâ—â—ly to receive it by which the subjects of Free men should bâ—come Slaves and the Principalitie given for their safâ—tie should degenerate into a Tyrannie which then onely is Regall if it contain it self within the bounds of modesty and
mediocritie which Power whiles some unvisely labour daily to augmentâ— they diminish and utterly corrupt it that Power being onely safe which puts a measure to its strength for a Prince ought to rule over those who are willing to gain the love of his subjects and seek their welfare which Power if it grows grievous takes the King off his peoples love and turns his power inâ—o weaknesse Which he proves by the forecited Saying of Theopompus For Princes who impose a Bridle on this greatnesse more easily govern themselves it and their subjects whereas those who forget humanity and modesâ—ie the higher they climb the greaâ—â—r is their fall This danger our Ancestours wise men considering how they might keep their Kings within the limits of mediocrity and modesty so as not to lift up themselves with overmuch power to the Publike prejudice have enacted many things wisely and excellently among others this That nothing of great moment should be decreed without the consent of the Peers and people and to that end they had a custom to assemble Parliaments chosen out of all orders of men as Prelates Lords and Burgesses of â—ities which custom at this time is still retained in Aragon and other Provinces and I wish our Princes would restore it For why is it discontinued for the most part in our Nation but that the common consent being taken away and Parliaments excluded wherein the publike safety is contained both publike and private affairs may be turned into the Princes pleasure and the lusts of a few corrupt vicious and voluptuous Courtiers and Parasites may domineer and order all things Sixtly becauss many great and learned men hold that the Pope of Rome who is of greater Power then any King is yet subject to the whole Church and a Generall Councell therefore the King must much more be inferiour to his Kingdom Seventhly because the whole Commonwealth hath greater strength and forces than the Prince be he never so great in Power and therefore if they disagree their Power will be greater Yea Aristotle wisely would have the Commonweal not onely to be of greater authority but likewise to have stronger Forces then the King which he proves by Aristotles forecited words by the practice of the Ancients and those of Syracuse who did moderate their Tyrants and Kings Guard so that they might be able to over-power and master them upon any occasion How great the authoritie of our Republike and Nobilitie was in the times of our Ancestors I will give you but one example and so conclude Alfonso the eight King of Casteil besieged Concha a City seated in Rocâ—ie places and the most firme Bulwark of the Moors territories on that part wantiâ—g money to pay his souldiers and thereupon provisions failing the King hastens to Burgon and in a nationall assembly he demands that because the people were wearied with Taxe for supporting the Warre the gentlemen would give five Muruedines a Poll to his treasury that this opportunitie of blotting out the name of the Mores was not to be omitted Dieglius then Governour of Caâ—tabria assented to this Counsell Peter Earl of Cara withstood this motion and gatheriâ—g a band of Nobles departed from the assembly readily to defend with Armes the Liberty gotten by their Ancestors with Armes and valour affirming that he would neither suffer a beginning to be made of oppressing and vexing the Nobilitie with new Subsidies from this entrance or occasion That to suppresse the Mores was not of so great moment that they should suffer the Commonwealth to be involved in a greater servitude The King moved with the danger desisted from that purpose The Nobles taking advice decreed to entertain Peter with a banquet every year as a reward to him and his Posteritie of this good service amonument so posterity of a thing well done and a document that they should not suffer the right of libertie to be diminished upon any occasion Let it be a fixt resolution therefore to provide for the safetie of the Commonwealth for the Authority of the Prince yet so as to retain their royall principality in order with certain bounds and limits and that those vain talking parasites and decevers may not ruine both who exalt the Princes Power without measure of which we may see a great number in Princes Courts excelling in wealth favour and power which plague shall alwayes be accused and complained of but shall ever be and continue Thus Mariana who in his next Chapter worthy reading proves at large by invincible arguments That all Kings and Princes among others the Kings of Spain are and ought to be bound by Laws and are not exempted from them that this doctrine ought to be inculcated into thy mindes of Princes from their infancy and to be beleeved yea oft considered of them thnt they are more strictly obliged to observe their Laws then subjects because they are sworn to do it they are the Conservators of the Laws the Avengers of those that infringe them and their examples are the best means to draw subjects to obey them Where he again affirms That the whole Kingdom is above the King and may not onely binde him by Lawes but question him for the breach of them Before both these in his first Book De Rege Reguminstitutione Chap. 3 4 5 6 7. he affirms the like adding moreover That in many other Realms more where the Crown is hereditary the whole Commonwealth not the King hath and ought to have the chief power to designe by a Law which the King himself may not alter but by their consents who shall be the next Heir to avoid questions and commotions about the Title to the Crown That where the Right of the Crown is in controversie the whole Kingdom and State ought to decide the right and settle it where they see best cause That if the right Heir in Hereditary Kingdoms yea in Spain be an Ideot Infant Woman or a person unmeet or not so fit to Govern as others of the blood he may be lawfully put from the Crown and another of their Race lawfully substituted King in his place by the whole State especially when the good or safetie of the Commonwealth requires it because the safety of the people is the supremest Law and what they by common consent have Enacted onely for the publike safetie they may without any obstacle alter when things require it by like common consent especially because the hereditary Rights of reigâ—ing are for the most part made rather by the dissimulation of the People not daring to resist the will of former Princes then by their certain will and the free consent of all the Estates That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue who are put by the Crown else divers Kings and Princes now reigning in Spain elswhere should be usurpers and want good Titles to their crownes they or their Ancestors being not the
father was the cause of his râ—jâ—ection being then also very young whereby it appears that the right of succession was not in those dayes practised in Spain Sillo his brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonsâ— Ramir the tenth king of Oviedo did that which all other Princes abhor for he received his son to be companion with him in his kingdom and caused his brother Garcia to reigâ— with him so as there were now two kings and Courts in Oviedo both agreeing well together Anno 894. Froila dying without issue because his children were too young to reign the Nobles conferred the kingdom on Alphonso the fourth who after five years turned Monke Ramir the third twentieth king of Leon abandoning himself to a voluptuous life contemned all good counsell so as the Earls and Noblemen of Gallicia seeing his folly and discontented with his vices scorned him and would no more acknowledge him to be their king electing Bermund for their Soveraigne and intituled him king of Gallicia which title he enjoyed ten years About which time the Moors in Spain which had one king reigning at Cordova after the death of king Mahomet made so many petty kings as there was scarce any good town in Spain but had a particular King which made strict alliances among themselves for the preservation of their estates Anno 1071 Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subjects governing himself after the appetite or a base woman who put the Nobilitie and Gentry in favour or disgrace with the king as she pleased so as in the end growing insupportable certain Knights slew her in the kings presence His brother Sancho taking advantage of the peoples harted entred his Realm with a great Army who thereupon being deserted generally by his people sled to the Moors for ayd and fell to spoil his own Countrey after which he was defeated taken prisoner and so kept in the Castle of Lune with a good Guard till his death I read in Iohn Mariana that in the Councill of Florence under Pope Victor the second Anno 1055. Hildebrand a Cardinall Deacon Embassadour to Henry the second Emperour of Germany complained in the Councill against Ferdinaâ—d king of Spain in the Emperors Name That against the Custom of his Ancestors and prescript of Laws he did with incredible aâ—rogancy and levity hold himself exempt from the power of the Roman Empire which iniury himselfe could gladly suffer if there were no other losse but of his own honour But since the estate of Chrâ—stendom could not well subsist and the Popâ—s Authority would likewise be impaired unlesse all Christian kingdoms were united and knit to gether under one temporall head the Emperour whom they should obey they ought to suppresse the springing temerity in the Wombe lest by their neglect spreading it self into other Provinces animated with the sweet and oft-times deceitfull name of libertie the sacred Majestie of the Empire and Popedom should be reduced to an empty title wherefore he desired them to interdict all Spain and excommuniate the King which if they did he would be assistant to the Churches honour and Republikâ—s safety then indangered Bâ—t if they refused it out of fear he would not be wanting to the honour of the Empire would certainly look to himself in private The Pope after some deliberation approved this motion as just thereupon sends Legaâ—s to Ferdinand in his own and the Councils name to satisfie the Emperors demands fourthwirth under pain of present excommunicaâ—ion The King doubtfull and fearfull whether to obey or not summons a generall Assembly of the Estates of the Realme The Clergy and religious sort of men perswaded submission for fear of the Popes excommunication the fearfuller sort concurring with them by reason of the Emperours power and their own weâ—knesse and destraction and the Kings desires of peace inclined most to their opinion But â—ome heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain Which being once admitted on their â—ecks they should hardly shake off again that it was better to die fighting then that the Republike should be involved in so great a mischief and indignitie Rodoricus Diacius a noble Spanyards opinion then absent from the assembly being required by the king and it answered That this was no matter of Counsell that what was gotten with Arms was to be defended with Arms that it seemed most unjust that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it a that it was better to die valiantly than to lose the liberty gained by their Ancestors to become a mocking-stock to a barbarous and cruell nation who contemned all men bus themselves whose ears were proud whose speeches contumelious whose accesse difficult riotings new cruelty inhumane Shall we who have yet hardly escaped the servitude of Moors undergo anew bondage prepared from the Christians They will deride both us and ours Doth the whole world as farre as Christianity extends it selfe obey the German Emperours Shall all the grace power honour riches gained by ours and our Ancessors blood give place to the Germans Shall they leave dangers repulses iudgemen want to us Shall Germany again lay on us the yoke of the Roman Empire which our Ancestors have shaken off Shall we be a vulgar people without grace without Empire without authority obnoxious to those to whom if we had vigorous mindes if we were men we might be a terrour But it is difficult to resist the Emperous endeavours not to obey the Roman Pontifs commands verily it a basnesse of spirits for an uncertain fear of war to involve the Commonwealth in most certain dangers many things are effected by triall which seemed difficult to slothfull men I know not what stupidity hath seized on many whom neither glory moves nor the infamey of the wretchednesse thinking it great liberty enough if they be freed from scourges I suppose the Popes ears will not be so averse to our affairs that he will not be moved with our most just prayers and the equity of the cause Let some now be sent who may boldly defend the cause of our liberty before him and teach him that the Germans demand unjust things Mine opinion is that the liberty gained by our Ancestors it to be defended with arms against the attempts of all men and with this my sword I will maintain THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY who out of a simulation of a fond Religion or shew of preposterous caution shall give contrary advice neither shall resolve that servitude is to be repudiated with greater care by us then domination is affected by them So farre forth as every one shall addict himself to the liberty of his Counâ—rey so far shall I be a friend unto him or a deadly enemy This opinion of Roderic prevailed in
Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was confirmed by the Estates held at Huesca And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarrâ— as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme in the States had approved yet divers knights and the Inhabitants of the Borough of Sâ— â—â—rmin of Pampelone disallowed this homage this peace and would not subscribe to it as tending to the kings dishonour whereupon the king did punish them by sines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their Fâ—nes to be restored Alphonso the 3. fifth King of Porâ—â—gall putting away his 〈◊〉 wife Mahauis without cause after he had children by her and marrying 〈◊〉 hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10 or â—â— yeerspace continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers 〈◊〉 concerning the Crown Lands and setling of Portions for the King of Aâ—ragons younger children moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining that their King Iames did bâ—â—ake 〈◊〉 made many Leagues and Factions This matter being debated 〈…〉 Saragossa and then at Exea in the yeare 1265. for pacifying these troubles they enacted That no honours nor military fees should be given to any but to Gentlemen of race and born in the Countrey That no Gentleman should be subject to the 〈◊〉 of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Maâ—or of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as are coâ—peace of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno. 1274. Iames King of Arragon comming to the Councell of Lions desirous thereto be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to dâ—base the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall Tumults in Arragon the Nobility opposing themselves against the King for composing which differences the Estates of Arragon assembled in Parliament at Exea where king Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Catteloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage it ought to the King of â—eon who thinking it would be taken ill by the Noblemen his Subjects advised the infant to propound it in an open Assembly called to that end The opinion of Don Nugno de Lara was that by no meanes he should diminish the authority and greatnesse of his Crown which he should doc if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile For which prodigality the other Nobles and D. Nugno were so much discontented that they made a League with the King of Granado against their own King for dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were very young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers
gave them only a revocable power which the premised Histories experimentally evidence such likewise were the Kings of the Vandales removable at the peoples pleasure as Procopius writes such the Kings of the Heruli Quadi Iazyges Lombardes Burgundians Moldavians Africans the l Moores in Spaine the two annuall Kings of Carthage the antient Germane Kings the Kings of Sparta and most other Kings of Greece as Historians and Authors of best credite relate Secondly for the Kings of Arragon and originall constitution of the Kingdom I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium Commentarius pag. 586. 587. 590. 72â— 724. in the third Tom. of Ioannis Pistorius his Hispaniae illustratae Sancho the fourth King of Arragon dying without issue the Estates and people advising together what course they should take for their security and future good administration of the Common-weale about the year of our Lord 842. elected twelve principall men to whom they committed the care and government of the Republike during the Inter-regnum These because they were very ancient men were called Elders from whence those who by birth are stiled Rici-men drew their originall And this manner of governing the Common-wealth continued long But the great incursions of the Arabians pressing them they imagined it would not continue firme and stable Yet notwithstanding taken with the sweetnesse of Liberty they feared to subject themselves to the Empire of one man because verily they beleeved that servitude would proceed from thence Therefore having considered and rightly pondered all things and reasons they made this the result of all their Counsels that they should consult with Pope Adrian the second and the Lombards what course they should take by their advise which should be most meet for the perpetuating of the Empire to whom as reports goe they returned this answer That preordaining certaine Rights and Lawes retified with the previous religion of a cautionary oath they should set up one King over them but yet should reject a forraign Dominion and that they should take heed that he whom they adopted to be King should be neither of the superiours nor inferiours left if superiour he should oppresse inferiours or lest if inferiour hee should be derided by superiours To which counsell and sentence they submitting founded that ancient Suprarbian Court For according to the answer given all decreed That they ought to elect one man excelling in vertue for their King But yet lest the pleasures of Kings like as in other Princes should likewise even among us become Lawes they first of all enacted some Lawes by which they might heale this inconvenience These Lawes they afterward called the Suprarbian Court which we should largely prosecute but through the injury of time the knowledge of them is buried and some fragments of them only are extant observed by Prince Charles himselfe and some other Writers which we shall verily remember because they are as the first elements of our Republike and containe in them the institution of the Magistrate of the Iustice of Arragon which is the chiefe thing of our institution therefore in the beginning of that Court it was provided that the King which should be since the Kingdom lately taken from the Moores was freely and voluntarily conferred on him should be bound both by the Religion of an Oath as likewise by the force and power of Lawes to observe the Lawes and Liberties of the Kingdom Now the Lawes were these Governe thou the Kingdome in peace and righteousnesse and give us better Courts of justice The things which shall bee gained from the Moores let them be devided not only between the Rich-men but likewise between the souldiers and infantry but let a stranger receive nothing from thence Let it bee unlawfull or a wicked act for the King to enact Lawes unlesse it be by the advice of his Subjects first given Let the King beware that he begin no Warre that he enter into no Peace conclude no Tâ—uce or handle any other thing of great moment without the concurring assent of the Elders Now lest that our Lawes or Liberties should suffer any detriment Let there be a certain middle Iudge at hand to whom it may be lawfull to appeal from the King if he shall wrong any one and who may repell injuries if peradventure he shall offer any to the Common-weale With these Lawes therefore and sanctions those our Ancestors confirmed the enterprise of new moulding and reforming the Common-wealth But verily this was the chiefest garison for to retaine their liberty whereby they ordained the Presidentship of a middle Iudge placing the power in such sort in the King that the temperating of it should be in the middle Iudge out of which things the moderate and musicall state of the Common-weale which we enjoy is moulded and made up For from the very beginning of things even to these later times wee see by force of this intermediate Magistrate and by the goodnesse and clemency of most peaceable Kings that both our pristine liberty and ancient Priviledge hath been alwayes retained and due loyalty and reverence to the Kings Majesty observed Neither hath the Kingdome onely emplored the help of this Magistrate against Kings but the Kings themselves oft-times against the Kingdome by which meanes many intestine evils have been appeased without any tumult which unlesse they had been civilly suppressed seemed verily to have been likely to have broken out to the common destruction of all men so as we may rightly affirm that in this alone the summe of preserving civill concord both to Kings and the Kingdome hath consisted This Magistrate was at first called THE IUSTICE MAIOR afterwards assuming the name of the Kingdome it selfe it was called THE IUSTICE OF ARAGON By these formentioned prescribed Lawes the will of him who desired to be King of Aragon was wholy to bee directed and formed and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them any future soliciting was to be preposterous Having therefore laid the foundations of their Countreys liberty all of them began to dispute among themselves about electing a King to which end they all assembled together at Arahvest to chuse a King where they were suddenly besieged by the Arabians which Iunicus Arista King of the Pompelonians hearing of came with an Army and rescued them whereupon they elected him for their King with unanimous consent and calling him unto them shewed him the Lawes they had pre-established onâ— whereof concerning the middle Magistrate seemed most hard unto him But having more deligently considered the matter and that they voluntarily offered him the Kingdome gained from the enemies Hee not only ratified the Lawes themselves but likewise added this new Law or priviledge to them That if the Kingdome should happen hereafter to bee oppressed by him against the LAWES Iustice or Liberties the Kingdome it selfe should have free liberty to elect another King whether a Christian or an Infidell which
clause of an Infidell King they refused to have bestowed on them because they judged it shamefull and dishonourable After which Iunicus taking an oath to observe the former Lawes was advanced to the Throne and made King of Aragon about the year 868. Moreover to establish all these Lawes and Constitutions our Ancestors themselves adjoyned the accession of a publike Vnion ordaining that it should be lawfull and just for them to meet all together ET REGI OBSISTERE ARMIS ET VI and to resist the King with armes and force as oft as there should be need to propulse any assault of him or his made against the Lawes which form of assembling together for the common cause of liberty they called a Vnion or Association Neither did they anciently lesse think all their Liberties to be preserved by this Vnion then humane bodies themselvs are by nervs and bones And although it were not prescribed in that Suprarbian Forum yet they thought it deduced from the very beginnings of things and deeply fixed and impressed in the sense of all men and to be established by our common Law as by another Law of Nature and that its force was enough and more then sufficiently known and discerned by use and reason For they said it would be but a thing of little profit for them to have good Lawes enacted and the very Iudiciary Presidentship of a middle Iudge if when there should be need AD EARVM DEFENSIONEM ARMA CAPERE NON LICERET cum jam tunc satis non esset pugnare consilliis it should not be lawfull for them to take up Armes in their defence when as then it would not be sufficient in such a case to fight with Counsells Neither verily did that seem altogether impertinent from the matter for if it should be so all things long ere this had been in the power of Kings themselves Whence our people reputed these two priviledges of the Union obtained from Alphonso the 3. to wit That it shal be lawfull for the Estates of the Realm iâ— the King shall violate the Lawes of the Countrey To create a new King in his place and without the crime of Treason to make confederacies among themselves and with Neighbour Princes To defend their Liberty which King Ferdinand upon the petition of the Castilians refused to revoke because he had taken a solemn Oath to observe them not as new favours or benefits but as things done out of Office c. Therefore in those ancient Rulers of which we treat the Liberty of our Country was hedged about by our Ancestors with three most strong fences namely with the Pretecture of this middle Iudge with the most ample power of the Rici-men or Palatines and with this most fierce force of the Vnion of which the first seemed to be Legal and civill the other domesticall and of greatest moment the last warlike and popular Neither ought it then to be inclosed with a lesser hedge that so we might rejoyce that it hath therby come safe sound to us now But of these garrisons or fences the ancient inventers of them and those who next succeeded them conferred more assistance and labour upon the two last namely the domestick and popular then on that Court presidentship For they would alwayes retain in themselves a power of moderating and governing the most loose reines of the Royall Dignity which they might restrain or enlarge as there was need Theâ—fore they assigned those 12 elders to him elected out of the greatest men by whose Counsels the Kings ought to be hedged in on every side the place of which Elders the Rici-men afterwards possessed who were the chiefe of our Nobles who in times past were second to the Kings in such sort that they might seem to be their Peers and Companions These called that publike union to the ayde of Liberty and out of them were chosen those who should alwayes be the prime and principall conservators of it for thus they called the presidents of the Vnion Finally they sustained on their necks all the Offices and burdens of peace and warre if not with the same power as the Kings yet I may truly say with very little lesse for the Rici-men as long as they flourished relying on the Forces of the Vnion did alwayes hover over the Royall Empire and by the intire power of their offices if the violence or assaults of Kings were unjust did from inordinate reduce them into order and as it were into a circle of Law and Iustice. In which thing verily their grave censorious and domesticall authority had sufficient right and moment with our ancient Kings who were well mannered but if peradventure they could not with their fitting counsels bridle the exulting royall Forces they did constantly repell them from their necks with the force of the raised Vnion Thus and much more this Spanish Author in whom you may read at large the Power and Authority of the Iustice of Arragon of the Generall Assembly of the Estates or Parliaments of that Kingdom of their Rici men Peeres Magistrates Councellors and in Ioannis de Laet. his Descripâ—io Hispaniae cap. 5. cite Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. Gen. hist. of Spain l. 17. p. 618. To which l shall onely adde this most notable custome and ceremony used at the Coronation of the Kings of Arragon recorded q by by Iunius Brutus r Franciscus Hotomanus and others The Arrogonians when as they create and crown their King in the Assembly of the Estates or Parliament of Arragon to put the King in mind that the Lawes the Iustice of Arragon and Assembly of Estates are above him act a kind of Play that he may remember it the better they bring in a man on whom they impose the name of the Iustice of Arragon whom by the common Decree of the people they enact to be greater and more powerfull then the King to whom sitting in an higher place they make the King doe homage and then having created the King upon certain Lawes and conditions they speake unto him in these words which shew the Excellent and singular fortitude of that Nation in bridling their Kings NOS QVI VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS VOS ELEGIMOS REY CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS that is We who are as great as you and are able to doe more then you have chosen you King upon these and these conditions Between you and us there is one greater in command then you to wit the Iustice of Arragon Which Ceremony lest the King should forget it is every three yeares repeated in the Generall Assembly of the States of Arragon which Assembly the King is bound by Law to assemble it being a part of the very Law of Nations which sacred Liberty of Parliaments and Assemblies if any Kings by evill arts restrain or suppresse as violaters of the Law of Nations
and void of humane Society they are no more to be reputed Kings but Tyrants as Hotoman hence determines I have now given you somewhat an over-large account of the two greatest and most absolute hereditary Kings in Christendom France and Spain and proved them to be inferiour to their Lawes Parliaments Kingdomes People out of their owne Authors and Historians in which points if any desire further satisfaction I shall advise them to read but Iunius Brutus his Vindiciae Contra Tyrannos De jure Magistratus in â—ubditos and Francisci Hotomani his Franco-Gallia and Controvers Illust. for France â—oannis Mariana de Rege Regum Instit. l. 1. with his History of Spain Hieronimus Blanca Rerum Arragonensium Commentarius Ioannis de Laet Hispaniae descrip c. 5. Vasquius Contr. illust for Spain at their leisure and then both their judgements and consciences will be abundantly satisfied herein I shall now very cursorily run over other forraigne Kings and Kingdoms of lesse power and Soveraignty with as much brevity as may be For the Kings of Hungary Bohemia Poland Denmarke Sweden as they have been usually and are at this day for the most part not hereditary but meerly ellective by the Nobles and people so their Lawes which they take an Oath inviolably to observe and their Parliaments Nobles people are in Soveraigne power and jurisdiction paramount them as much almost if not altogether as the State of Venice is above their Duke or the States of the Low Countries superiour to the Prince of Orange and may upon just occasion not onely forcibly resist them with Arms but likewise depose if not adjudge them unto death for their Tyranny as Iohn Bodin the â—istories of Hungary Poland Bohemia Denmarke Sweden Iunius Brutus De Iure Magistratus in Subditos Munster in his Cosmography and those who have compiled the Republikes of these Realmes attest who further evidence that most of these Realms have sometimes elected them Kings other times onely Dukes and made their republikes Principalitis Dukedoms or Kingdoms at their pleasure To give onely some briefe touches concerning these Realmes and their Kings Hungary THe Kings of Hungary are meerly elective by the States and Senators in their Parliaments or assemblies of the Estates without whom they can neither make Lawes impose Taxes leavie Warre nor conclude Peace and the grand Officer of the Realme to wit the great Palatine of Hungary who hath the chiefe Command both in Peace and Warre and power to judge the King Himselfe in some cases is elected onely in and by their Parliaments as the Marginall Writers manifest at large For their Realms and peoples deportment towards their ill Kings since they became Christians when they have degenerated into Tyrants and oâ—hewise misdemeâ—â—ed themselves take this briefe Epitome Peter the second Christian King of Hungary growing very insolent Tyrannicall and lascivious ravishing maâ—ds matrâ—ns in the third year of his reign all the Nobles and people thereupon conspiring together deposed and banished him the Realme electing Alba in his place who growing more insolent and Tyrannicall then Peter was in the third year of his reign slaine in warre and Peter restored to the Crown who proceeding in his tyrannies sacriledge and cruelty he was the third year after his restitution taken prisoner by his subjects his eyes put out and imprisoned till he dyâ—d Solomon the fifâ— King of Hungary was twice deposed and thrust out of his Kingdom first by King Bela next by King Gysa eleâ—â—ed Kings by the peoples generall consent and acclamation after whose death the Hungarians refused to restore Solomon and elected Ladislaus for their King whereupon Solomon became an Hermite and so dyed Ladislaus dying left two sons Almus the younger whom they elected King and Coloman the eldest to whom Almus out of simplicity surrendred the Crown because he was the elder brother whom he would not deprive of his primogeniture but repenting afterwards by the instigation of some of his friends he raised warre against his brother But the Hungarians to prevent a civill warâ—e and â—ffusion of blood DEâ—REED that these two brethren should fight it out between them in a single duell and he who conquered in the duell they would repute their King Which Combate Coloman being purblinde lame and crookback'd refused after which Coloman treacherously surprising his brother Almus contrary to agreement put out his and Bela his sonnes eyes and thrust them into a Monastery King Stephen the second sonne of Coloman refusing to marry a wife and following Harlots the Barons and Nobles grieving at the desolation of the Kingdome provided him a wife of a Noble family and caused him to marry her After which making a war to aid Duk-Bezinâ— without his Nobles consent in which Bezen was slaine the Nobles of Hungary assembling themselves together in Councell sayd Why and wherefore dye we if we shall claime the Dukedome which of us will the King make Duke therefore let it be decreed that none of us will assault the Castle and solâ—t us tell the King Because he both all this without the Councell of his Nobles They did so and added further that if he would assault the Castle he should doe it alone but wâ— say they will returne unto Hungary and chuse another King Whereupon By the Command of the Princes the Heraulds proclaâ—med in the Tents That all the Hungarians should speedily returne into Hungary wherefore the King when he saw himselfe justly deserted of his subjects ayde returned into Hungary Stephen the third comming to the Crowne did nothing without the Authoritie and advise of the Senate Stephen the fourth sonne of Bela usurping the Crowne was soone after expelled the Kingdome Emericus being elected King was very likely to be depriued by the Nobles and people for his sloathfulnesse but that he appeased them with good words and promises King Andrew going to Ierusalem his Queene Elizabeth in the meane time delivered the Wife of Banchâ—u a Nobleman being very beautifull to her brother who doated on her to be abused which Bauchan hearing of sâ—ew the Queene the King upon his returne examining this businesse acquitted Bauchan and judged her murther just being for so lewd a fact Ladislaus the fourth giving himselfe to all effaeminacy luxury and Harlots became odious to his Barons Nobles People for which he was excommunicated by Firmanus the Popes Legat that he might live Christianly and Chastly but he reforming not was soone after in the yeere 1290. slaine by the Cumans and his Kingdome infested with civill warres Mary the daughter of K. Lewes being received as Queene by the Hungarians for her fathers merits after his decease being yet young was married to Sigismond who was admitted into partnership in the government of the Realme and being governed by her mother and Nicholas de Gara who perswaded them to carry a strict hand over the Nobles of the Realme which they did thereupon the Nobles seeing themselves despised sent for Chaâ—rles King of Naples into Hungary
their deposition and banishment of Prince Borzinogius because he become a Christian and renounced their Pagan Religion though they afterwards twice restored him Of Boleslaus Rufus 〈◊〉 Borzinogius the 2. thrice deposed banished by the Nobles and people or â—obeislaus and other Princes Wladislaus first King of Bohemia in his old age by the assent of the Estates associated his sonne Fredâ—rick Anno 1173 with him in the Regality Henry King of Bohemia using the Councell of the Germans rather then the Bohemians and looking more after his owne private gaine then the Kingdomes was deposed in a generall Assembly â—f the Estates Anno 1310. and the sonne of the Emperour Henry the 7 th chosen King upon this condition if he would marry the youngest daughter of King Wenceslaus King Wenceslaus the drunken for his drunkennesse neglâ—gence and cruelty was twice imprisoned and severely handled by his Nobles and upon promise of amendment restored to his liberty and dignity in his and Sigismond his successors raigns Zizca and the Taborites in defence of their Religion against the Popish party who most unjustly against their promise and safe conduct caused Iohn Hus and Ierome of Prague to be put to death waged great warres and obtained many victories against the King and Emperour and gained free liberty of professing their religion publickely much against the Popes good will which liberty they have ever since maintained by the sword both against the Popish Emperours and Kings by meanes of which civill wars the kingdome suffered some Interregnums During the Minority of king c Ladislaus Anno 1439. this kingdome was governed by two Presidents appointed by the Estates Anno 1611. the Emperour Rodulph being willing to settle the kingdome of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose the Estates thereupon drew many Articles which Matthias was to sweare to before his Coronation with 49. Articles of complaints and grievances for which they craved redresse and the inhabitants of Pragne required the confirmation of 8. Articles which concerned the private Government of their City All which the Emperour and Matthias were constrained to Grant and sweare to before they would admit Matthias to be their King who had nothing in a manner but the Title some of the flowers of the liberty of the Crowne being parted with by his assenting the these Articles Anno 1617. Matthias resigning the Crowne of Bohemia and renouncing his right thereunto recommended Ferdinand Arch-Duke of Austria to them or his successour The States would not admit him king but upon Conditions the which if he should infringe The States should not be bound to yeeld him Obedience Moreover it was added That he should confirm to the States before his Coronation to maintaine all the Priviledges Charters Immunities Municipall Rights Constitutions and Customes of the Realme and people as the Emperour and his predecessors had done by his Oath and Charter in Writing All which assented to he was proclaimed and crowned king Soone after the Arch-bishop of Praguâ— causing some of the Protestant Churches to be ruined and those who complained of it to be put in prison and plotting the extirpation of the Protestand Religion through the Iâ—suâ—tes instigation contrary to their Liberties and the Provinciall constitution hereupon the Protestant States of Bohemia assembled at Prague fortified the Towne binding the three Townes of Prague to them by an Oath entred into a solemne League promising to fight against the Common enemies of God the King and Religion and in that cause to live and dye to which end they levyed a great Army banishing the Jâ—suites out of Bohemiâ— as the Authors of all the miseries which had hapned in that Realme and many other Realmes and States of Christendome and inciting murderes to kill Kings who would not live after their manner and medling with affaires of State and who had drawne the whole Country into the hands of certaine perfidious Catholickes by whose practises the Country was in danger of ruine For which causes they banished them for ever out of the Realme of Bohemia enjoying them to depart within 8. dayes never to returne After this the Protestants hearing that the Emperour and 〈◊〉 party raised Forces against them possessed themselves of many Townes and places within the Realme and raised two Armies All the Protestant Princes and States of Germany Morauia and Sâ—lesia except the Elector of Saxony assisted them with men money or Councell publishing a Declaration to justifie their action being for the Common cause of Religion then endangered The Prince of Oranges and States of the united Provinces promised them assistance of men and money other Protestant Princes and the Protestant States of Lower Austria did the like The Protestant Armies after this had many victorious incounters with the Imperialists and Popish Forces and took many Towns King Ferdinand in the meane time being newly chosen Emperour the States of Bohemia being assembled together at Prague which the Deputies of the incorporated Provinces Anno. 1619. Concluded and protested by Oath never to acknowledge Ferdinaâ—d for their King who had violated his first Covenants resolving to proceede to a new Election and on the 26. of August Elected Fredericke the Prince Elector Palatine of Rhine to be their King who accepted the dignity was afterward Crowned king accordingly After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand their Election of Frederick and his Title to be just and lawfull with their preceedent and subsequent warres in defence of Religion Yea Fredericke himselfe by sundry Declarations maintained his own Title and the lawfulnes of these wars which passages and proceedings being yet fresh in memory and at large related by Grimston in his Imperiall History I shall forbear to mention them By this briefe account you may easily discerne the Soveraigne power of the Realm and States of Bohemia over their kings and Princes most of the great Offices of which Realme are hereditary and not disposable by the king but States who Elect their Kings themselves and their greatest Officer too Polanâ— For the Kings and Kingdome of Poland Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae informes us that the Princes and Dukes of Poland before it was advanced unto a Kingdome and the Kings of it ever since it became a Realme were alwaies elected by the chiefest Nobles and States unanimous suffrages That after the Kings of Poland became Christians their power began to be more restrained then it was at first the Clergy being wholly exempt from their royall Iurisdiction That the king cannot judge of the life or fame of a knight unlesse in some speciall cases without it be in the assembly of the Estates with the Senate not yet publickly make Warre or Peace with any nor impose Taxes or Tributes or new Customes nor alienate any of the goods of the Realme nor yet doe or decree any greater thing pertaining to the
Common-wealth without the Senates or Parliaments assent Neither can hee make new Lawes nor publickly command money in an extraordinary manner nor coine money nor nominate a Successor not with the Senate without the consent of the Nobility whether of Knights or Gentlemens Order By or out of whom all publicke Magistrates and Senators almost are chosen so as now the summe or cheifest power of the Republicke is residing in them So that the Kingdome and Republicke of the Polonians doth not much differ in reason from that of the Lecedae â—onians in ancient times and of the Venetians now An Oath is exacted of the new King when he is crowned to this effect That he shall raigne according to the Lawes and institutes of his Predecessors and will safely conserve to every order and man his right priviledge and benefit confirmed by former Kings nor will he diminish any of the borders or goods of the Realme but will according to his power recover those that are lost from others After all which the Senate sweare fealty to him c. The Revenues Tributes and Customes of the king are all reduced to a certainty the Nobles Clergie are exempted from Taxes The King by the Lawes of King Alexander is prohibed to alien to any one the Lands of the Crowne No new Lawes can be made nor old ones repealed but by the king Senate and Nobles assembled in Parliament And because there is wont to be in highest power a slippery and ready degree to Tyrannie certaine Senators and Councellours are adjoyned to the King who may direct his Councells And Actions to the safety of the Common-wealth and his judgements according to the Rule of justice and equitie and with their wholsome monitions and Councells may as there shall be occasion as it were with certaine living Lawes both informe his minde and moderate his power This Royall Senaâ—e much greater now then in times past consists of a certaine number of men wâ—ich wee call the Senators or Councellours of the REALME who are not admitted to the Councell without an Oath and this Office is perpetuall during life having certaine Honours and Magistracies thereto annexed partly Ecclesiasticall partly Civill It consists of 96. persons in all some of them Bishops others Palatines Knights Castellanes and other Officers of the Realme The Chancellor of the Realme may sâ—gne many things without the Kings Privitie and may deny to seale those things which are contrary to Law though the king command them Most of the great Officers and Magistrates are chosen in Parliament and cannot be displaced but in Parliament and that for some great offence Their Parliaments or Generall Assemblies of the States are held much like ours once every yeare at least and some times every fift or sixth moneth if there be occasion and then they are kept constantly at one place to wit at Petâ—icow or Warsavia in the midst of the Kingdome unlesse it be upon some extraordinary just occasion and then the king by advice of this Councel may sommon the Parliament at another place It is provided by a Law within these 20 yeares That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell and that the Nobles as oft as there is occasion shall at their owne costs without wages defend the borders of the Realme yet not without the King unlesse it be during the Interregnum but they may not be compelled to goe out of the Realme to any Forraigne warre without wages the Souldiers wages are reduced to a certainety and asseased by publicke consent in Parliament which Orders all Military and Civill Affaires So Cromerus For their carriage towards their ill Kings I shall give you onely a short account Miesco their second King being unfit to governe a man given wholly to his belly ease sleepe pleasure and governed by his Queene thereupon most of his subjects revolted from him and he dying the Polonians at first for many yeares refused to chuse Cazimirus his Son King least he should follow his fathers steps till at last after a long Interregnum when he had turned Monke they elected him King Bolestaus his sonne a man of a dissolute life given to lust and the pest of the Realme was excommunicated by the Bishop of Cracow for his wickednes for which cause he slew him Whereupon the Pope deprived him and Poland of the Crowne and absolved his Subjects from their obedience to him who expelled and forced him to flee out of the Realme into Hungary where he became mad and died Myâ—zlaus the 10. King of Poland exercising tyranny every where upon his people by reason of his power and allies was deposed by his subjects and Cazimirus elected King in his stead He was three or foure times deposed and put by the Crowne Boleslaus who succeeded Henry was deprived of the Monarchy Henry was surprised and most strictly imprisoned Boleslaus was slaine by his Nobles and Vladisiaus Locktect elected King in his stead ravishing virgins Matrons and not reforming things according to promise the Nobles hereupon assembling together An. 1300. abrogated his election as pernicious and chose Wenceslaus King of Bohemia King in his place And not to recite more ancient histories of such like nature King Henry the third of Poland was elected and sworne King upon conditions Which he was to performe Anno 1574. After which he secretly departing out of Poland without the assent of the Nobles to take possession of the Crowne of France within 3. monthes after his Coronation in Poland the Polonians sent Messergers after him to Ferrara Iune 16. 1574. who denounced to him that unlesse he returned into Poland before the 12 of May following they would depose him and elect another King Which he neglecting they in a generall assembly of the Estates at Waâ—saâ—ia deprived him of the Crowne and elected a new King the Chancellor and greatest part of the Counsellers elected Maximilian the Emperoâ—r Some others with the greater part of the Nobility desiring to have one of the Polish blood elected Anne sister of their deceased King Sigismund giving her for husband Stephen Battery Prince of Transylvania and proclaimed him King The Emperour making mary delayes Stephen in the meane time enters Poland marrieth Anne and is crowned King by generall consent Febrâ—ary 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles I Stephen by the grace of God elected King of Poland great Duke of Lithuania c. promise and sacredly sweare to Almighty God vpon these holy Evangelists of Iesus Christ that I will hold observe defâ—rd and fulfill in all conditions articles and points therein expressed all Rights Liberties Securitus priâ—â—â—â—dges publike and private not contrary to the common Law and Liberties of both Nations justly and lawfully given and granted to the Ecclesiastickes and sâ—culars Churches Princes Barons Nobles Citizens in hâ—bitaâ—ts and any other persons of what state and condition so ever by my goâ—ly
Predecessors Kings Princes or Lords of the Kingdome of Poland and of the great Dukedome of Lithuania especially by Casimâ—r Lewis the great called Loys Vladislaus the first called Iagiello and his brother Withold great Duke of Lithuania Vladislaus the 2. Casimyrth 3. Iohn Albert Alexander Sigismâ—nd the first and 2. Augustus and Henry Kings of Poland and great Dukes of Lathuania or derived and granted from them together with the Lawes enacted and established or offered by all the States during the Interregnum and the pacts and agreements of my Orators made with the States in my name That I will defend and maintaine peace and tranquility between those who differ about Religion neither by any meanes either by Our Iurisdiction or by any authority oâ— Our Officers or states permit any to be troubled or oppressed neither will we our Selfe injure or oppresse any by reason of Religion All things any way whatsoever unlawfully alienated or distracted either by warâ—e or any other meanes from the Kingdome of Poland the great Dukedome and their dominions I will re-unite to the propriety of the said Kingdome of Poland and great Dutchy of Lithuania I wilâ— not diminish the lands of the Kingdome and great Dukedome but defend and enlarge them I will administer justice to all the inhabitants of our Kingdome and execute the publike Laws constituted in all my Dominions without all delaies and prorogations having no respect of any persons whatsoever And if I shall violate my Oath in any thing which God forbid the Inhabitants of my Realme and of all my Dominions of what Nation soever shall not bee bound to yeeld me any Obedience Yea I doe Ipso facto free them from all Faith and Obedience which then owe unto me as King I will demand no absolution from this my Oath of any one neither will I receive any which shall be voluntarily offered So helpe me God To this notable Oath an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings this King within 4. dayes after his Coronation added a confirmation of their Priviledges containing the same heads enlarged with a few more words which he confirmed with his solemne deed and Royall Seal and delivered the same to the Chancellor and Vice-chancellor of the Realme to give out Coppies of them under the great Seale to all the States of the Realm who meeting s afterwards in a Parliaments at Wansauia Anno. 1562 there was much debate about setling of the Premises and nothing concluded Anno 1587 the States of Poland questioned and opposed K. Stephen for violating their Priviledges and those of Riga tooke up armes in defence of them refusing after his death to repaire to the Assembly of the States at Warsauia Anno 1587. vnlesse their Priviledges might be preserved and rectified as you may read at large in Chytrâ—us King Stephen dying the Estates of Poland and Lithuaâ—ia assembled at Warsauia Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum and enacted that no new King should be elected but by the unanimous consent and agreeing Suffrages of all the Estates and that he who shall nourish factions or receive gifts or rewards or use any other practises about the election of a new King should bee reputed an Enemy of his Country After which they proceeding to an Election there were divers competitors named and after many debates One part chose Maximilian Duke of Austria the other Sigismund the King of Swethland his Sonne both of them uppon expresse articles and conditions which they both sealed and swore unto the chiefe whereof were these To preserve all their Rights Lawes Priviledges and Immunities publike or private inviolably To keepe all former Leagues and Truces To bestow no Offices upon strangers nor harbour any about them except some few Private servants but natives onely and to be counselled and advised by them alone To maintain a Navy Garrisons and build divers Castles in the Frontiers at their Owne costs for the Kingdomes preservation To redresse all grievances maintaine the Priviledges Rights and Peace of those who differed in Religion To procure and augment the weale peace Priviledges and safety of the Realme and perform all Articles mentioned in the Oathes of King Henry and Stephen In fine this competition comming to bee determined by the sword Maximillian was taken prisoner by Sigismund and forced to release his right to obtain his liberty And a Decree passed in Parliament That no man hereafter should in the Election of the King of Poland presume to name or recommend any of the house of Austria to the Crown and if any did he should be ipso facto infamous Which decree the Emp. Rodolph desired might be abolished as being a disparagement to that family yet prevailed not After which this King managed all things concerning Warre Peace and the Government of the Realm by advice of his Parliament as Chytraeus at large relates and his Successors to this present have done the like taking the Crown upon such conditions and making such conditionall Oathes at their Coronations as Steven did at his Denmarke For the Kings of Denmarke I have formerly proved That they can make no War Peace Lawes nor lay any impositions on their subjects but by common consent of the Estates in Parliament their Kings being elective by the people and crowned Kings upon such conditions Oaths Articles as their States in whom the Soveraign power resides shall prescribe unto them who as Bodin clearly determines have a lawfull power to question censure and depose them for their Tyrannie and misgovernment they having no greater Authority then the Kings of Bohemia or Poland To run over the Histories of all their ill Kings would be overtedious for which you may peruse Saxogrammaticus others I shall give you a brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment Not to mention the murthers of Canutus in Iutland in the very Church or of Magnus or Nicholas slain by their subjects King Humblus was deprived of his Crown and king Harold deposed by his subjects for his insolency Suano waxing proud Tyrannous and oppressive to his people became so odious to them that his Nobles adjoyned Canutus and Waldemar to him in the royall government and divided the kingdom between them who thereupon being much displeased slew Canutus and wounded Waldemar being impatient of any Peers in government for which being soon after vaquished by Waldemar hee was beheaded by the people Able slaying and beheading his brother king Ericus and usurping his Crown the people rose up in arms against him took him prisoner and the Peasants in Frisia slew him King Christopher spoâ—ling Waldemar of his Dukedorn of Schleswick thereupon the Earles of Holsatia rose up in armâ—â— against him took him prisoner and detained him so at Hamburgh till he paid a great ransome for his libertie King Ericus was slain by his own servants Anno 1286. king Waldemar was
pro libitu suo imperata facere cogeret Compertum etiam nobis est Regem ad diem praestitutam duorum immanium carnificum more suorum satelliâ—um ne scilicet res innotesceret vestitorum operam conduxisse in â—um finem si intolerabilibus ipsius edictis voluntati non assentiremus ut tum in corpora fortunas nostras impetum faceret forte non alâ—ud quà m in Suecia Dynastis Episcopis praelatis nobilitati civitatibus factum est covivium nobis adornaret Quapropter justissimo qui etiam in fortissimos viros cadere potest metu compulsi sumus ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus atque ita nostra corpora vitam possessiones quod jure naturae facere tenemur defâ—nderemus Compulsi igitur sumus ut nostra juramenta homagia auxilia militaria per literas illi renunciaremus id quod etiam reipsa à nobis jam factam est cum plane confideremus neminem fore qui impiis tyrannicis ipsius delictis consideratis vitio hoc vertere nobis posset Nos enim status consiliarios regni Danici coram Deo hominibus obligatos agnoscimus ut communi patriae in extremis hisâ—e periculis angustiis consolationem aliquam offeraâ—nus Siquidem miserorum ejus regni inquilinorum aeterna ratione corporum bonorum pernicies matronarumque virginum dedecus contumelia potissimum ab eo quaeritur à quo illa omnia meritò averti à nobis debebant Neque ignotum est propter similia aut saepè etiam leviora quà m nos proh dolor perpessi sumus facinora tyrannica saepenumero Caesares Romanos Reges Vngariae Bahemiae Angliae Scotiae ex suis imperiis regnis dejectos nonnullos principes ex ditionibus suis haereditariis expulsos esse sicuti id tam ex veteribus historiis quà m â—x nostrae aetatis exemplis satis certo nobis innotuit Et nisi gravissimis hisce quae hactenus commemoravimus oneribus impelleremur pigeret taederet nos talem aliquam cogitatiâ—nem in nostrum animum inducere multo minus reipsae eam exequâ— sed potius sicuti patri avo ipsius ita ipsi quoque libenter addicti fuissemus Etiamsi verò ab electione externi alicujus Christiani Regis aut Domiâ—i cujus potentia defensione regnum nostrum gubernaretur non plane fuimus alieni tamen confiderato diuturno Christiano regimine regiis virtutibus clementia bonitate justitia quibus illustriss princeps Dominus D. Fridericus verus haeres Norwegiae Dux Sleswici Helsatiae Stormariae Dietmarsiae Comes Oldenburgi Delmenhorsti erga Subditos suos statim à gubernationis suis exordio pie laudabiliter usus est eum potissimum unanimi consensu regem Dominum nostrum supra totam Daniâ—m elegimus eum nimirum cogitaremus cum ex inclyta regum Daniae prosapia originem ducere praeterea regis filium natum esse aetque ita jure prae omnibus aliis principibus hunc honorem ipsi praesertim cum patrimonium quoque ex regno paterno suae Colsitudini debitum ne nunc qâ—ilâ—m accepisset deberi Rogamus igitur unumquemque cujuscunque conditionis aut ordinis sit si forâ—è supr dictus Rex Christiernus aut alius quispiam nomine ipsius vel Scriptis vel alio modo nos insimulet quod contra datam fidem juramanta hac in partè egerimus ut illi antequam vlteriorem nostram defensionem audiat fidem non habeat sed potius nostras hasce difficultates corporis vitae pericula impias viduariem pupillarum â— ppressiones matronarum virginum violationes cum clementi christiana benevola humana commiseratione cognoscat nos qui honorem existimationem nostram uâ— pios nobiles deceâ— erga regem illaesam ad huc conservavimus excusatoâ— habeat Sâ—mulque aliis quaque omnibus singulis ob causas jam suprà dictas alias complures quas adhuc in honorem nominis regiiusque ad ulteriores nostras apologias reticemus benignè nos excuset Si etiam rex coram legitimo aliquo judice nos accusandos esse câ—â—suerit hoc ipso scripto nos ad legitimam justam causae hujus cognitionem decisionem offerimus pollicemâ—r etiam nos iis quae hoc modo jure decernentur sancientur prompto animo parituros esse Nequs dubitamus si vel sanctitas Pontificia vel Rom. Caesarea Majestas Iudicium Camerae vel alii quoque Christiani Reges Electores Principes Comites Barones Nobiles vel inclytae liberae Imperii civitates petitionis hujus nostrae aequitatem ipsius impiam Tyrannicam nostri oppressionem cognoverint quin factum hoc nostrum ad quod extrema necessitas nos compulit nequaquam â—int improbaturi Pro quo ipso singulis proratione ordinis conditionis suae nostra studia officia gratitudlnem omni tempore praestandam deferimus pollicemur Swethland NOt to mention the Kings and Kingdom of Norway long since incorporated into Denmarke whose lives and Catalogue you may reade in Munster Ioannis Magnus Crantzius and others in which Realme not one King anciently died of age or diseases in above one hundred yeers but of violent deaths there being this custom That whosoever slew a tyrant King was thereby made a King The Kings of Swethland have alwayes been elected upon certaine conditions and subordinate to the power and censures of their whole States and Parliament in such sort as the Kings of Hungary Bohemia Poland and Denmarke have beene and oft times this Kingdome hath beene annexed to the Realme of Denmarke and subject to the Danish Kings as they saw occasion The names and lives of the Swedish Kings before and since their conversion to Christianity you may reade at large in Munster Ioannis Magnus Crantzius Olaus Magnus and others I shall give you a taste onely of some of them out of those Authors Halsten and Animander his successor were thrust out of their Thrones and Realms by their Subjects After whose death the Swedes elected one King of their owne Nation the Gothes another not enduring a forraign Prince to reigne over them King Bugerius slaying his brother Ericus who had imprisoned him at a banquet his Nobles deâ—esting this his treacherous act rose up in Armes against him expelled him the Realme and beheaded his Queen and Magnus his son electing Magnus the son of Ericus for their King Magnus the seventh betrothed his son Aquin to a kinswoman of the Earle of Holstain upon this condition That unlesse Aquin should receive her a Virgin all the Nobles of the Realme should be freed from their Oath of Allegeance to him The Virgin sailing into Swethland was taken prisoner by Waldamer King of Denmarke who betrothed his daughter Margaret to Aquin whereâ—pon the Nobles of Sweden denied to yeeld any more
obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goods onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he reâ—used to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holmâ— where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escapes thence privily and comes into Swethland â—iâ—gâ—ised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead the Swedes in a publike Declaration manifesting then expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dâ—spossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and misâ—government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Iohn of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for the crowned King by generall assent and Iohn and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey a Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who enjoyed the Crowne till Aragon seased on the Realme Ione Queene of Naples married Andrew second sonne to Charles King of Hungary whom she hanged at her window for insufficiency after marrying Iames of Tarragon she beheaded him for lying with another woman and was at last driven out of her Kingdome by Lewes of Hungary and hanged at the same window where she hanged her first husband Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people which they fired and then taking him his wife and sonne dragged them unto the butchery where they chopped them in pieces and threw him to the dogs to be devoured notwithstanding all their submissions and intreaties on their knees Anno 977. So Duke Falier and many othe Dukes have beene condemned to death and executed by the States of Venice and that justly as Bodine grants Multitudes of such like presidents occur in most other Dukedoms and Principalities which I will not name because they want the title of Kings though Aquinas truly holds That a Kingdome is so called from ruling therefore he who hath others under his government is said to have a Kingdome in reality though not in propriety of speech and so are Kings in verity though not in title I might adde to these many more examples manifesting what miseries and untimely deaths tyrannicall Kings and Princes have undergone in all ages and States being commonly deposed poysoned murthered but I shall for brevity passe over these examples remitting the Readers to Aristotle Aelian and Doctor Beard his Theatre of Gods Judgements and come nearer home to Scotland as having nearest relation to England Scotland WHat soveraigne power and jurisdiction the Realme Parliaments and Nobles of Scotland have claimed and exercised over their Kings who saith Buâ—â—anan can neither make Laws Warre Peace nor conclude of any great affairs of the Realm without a Parliament which hath there and in Hungary Poland Denmarke Swethland been oft-times summoned not onely without but against their Kings consents and how frequently they have questioned imprisoned censured deposed yea judicially sentenced their Kings for their tyrannies oppressions whoredoms murders rapines and evill administrations you may reade at large in George Bucanan
luxury cruelty and avarice were the companions of this his flagitious life he murthering the rich to get their wealth and favouring theeâ—es to share in their robberies whereupon the Nobles and people conspiring against him and taking up Armes he discerned how unfaithfull the society of ill men is for being deserted by his party as soone as the battell began he câ—me alive into his enemies hands and was committed tâ— peâ—petuall prison his life being spared by the intercession of Cadâ—lan who was made Vice-roy in his stead but sonne after he was strangled in the prison by one whom he had formerly injured King Corbreds sonne being within age at his death the Assembly of the States made Dardan King who within three yeeres space â—ushing into all kind of vices bannished all prudent and honest men out of hiâ— Court kept none but flatterers about him slew Cardorus and divers others vertuous men who advertised him of his faults and to take away the feare of succession plotted the death of Corbred Galdus and others whereupon the Nobles and people by unanimous consent rose up against him slew his evill instruments routed his Forces tooke him prisoner whilst he was about to murder himselfe cut off his head which they carried about for a laughing-stocke and threw his corps into a jakes after he had raigned foure yeeres Luctacke the 22 King of Scots giving himselfe wholly to Wine and Harlots sparing the chastity of none though never so neere allied to him nor their husbands never so great deflowring his owne Sisters Aunts Daughters joyning inhumane cruelty and insatiable avarice to his lust and depraving the youth of the Country corrupted by his example when as no man duâ—st resist him was at last convented before an Assembly of the chiefe men where being more freely reprehended for those crimes he commanded the chiefe of them to be drawne away to punishment as seditious calling them old doting fooles Whereupon the people assembling together â—lew both him and the instruments of his wickednesses when he had scarce reigned three yeeres space Mogaldus was elected King in his place who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reigne yet fell at last unto them in his old age and grew 〈◊〉 by his vices to the Nobles and common people that they weary of him rose up against him he being unable to resist them wandred up down with one or two Companiâ—ns in secret places seeking to escape by flight but was at last taken and slaine Conarus his sonne and successor giving himselfe to all manner of luxurie and lust brought the Realme in short time to great penury giving Lands and riches to most vile and naughty persons because they favoured his corrupt living and invented new exactions upon his people Whereupon summoning a Parliament he demanded a Tribute of them to support his State and Court in Honour who taking time to deliberate and understanding at last that this his hunting after money proceeded not from his Nobles but from the inventions of Court-flatterers they resolved to commit the King toward as unfit to governe untill he renouncing the Crowne they should elect another King Whereupon the next day he who was first demanded his opinion Declaimed sharply against the Kings former life his bauds and companions as unprofiâ—able in warre troublesome in peace full of shame and disgrace shewed that the Kings revenues were sufficient to maintain him if he lived within compasse that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony and that the King in the meane time should be committed to custody as unfit to rule till they elected another who might teach others by his example to live sparingly and hardly after their Countrey custome and might transmit the discipline received from their ancestors to posterity With which freâ— speech he growing very angry instead of pacifying their discontented minds inflamed them more with his cruell threatnings whereupon the King being laid hands on by those who stood next him was shut up in a Hall with a few attendants his Courtiers the authors of ill counsell were presently brought to punishment and Argarus a Nobleman made Vice-roy till the people should meet to elect a new King after which Conare spent with gâ—iefe and sicknesse died in prison King Ethodius his sonne being an infant his brother Tâ—trasell was chosen King who murthering his nephew cutting off divers of the Nobles and spoyling the common people to establish the Kingdome in himselfe he grew so odious and so much dâ—minished his authority in a short time that he stirred up divers seditions which he not daring to goe abroad to suppresse being generally hated was at last strangled by his own followers in the night in his own House Ethodius the 2. being a stupid man and of a duller wit then was suitable to the government of so fierce a people the Nobles hereupon assembling together out of their respect to the family of Fergusius would not wholy deprive him of the name of a King though he were slothfull being guilty of no crime but assigned Him governours to execute Justice in every County at last he was slain in a tumult of his familiars King Athirco his sonne degenerating from his former vertues and growing extreamely covetous angry luxurious sloathfull and leaving the company of all good men was not ashamed to goe openly in the sight of the people playing upon a Flute and rejoycing more to be a Fidler then a Prince whereby he became very odious to the people at last ravishing the daughters of Nathalocus a Noble man and then whipping and prostiruting them to his lewd companions lusts thereupon the Nobles rising up in Armes against him when he had in vain endeavoured to defend himself by force being generally deserted by his own people who hated him for his wickednâ—ssâ— he murthered himself and his brother Donus was enforced to flie with his little ones to the â—icts to save his life Nathalicke succeeded in his Realme governing it ill by indigent ordinary persons who would attempt any wickednesse and treacheroâ—sly strangling divers of the Nobility who were opposites to him in the prison to which he commitâ—ed them to establish his Kingdome thereupon their friends with others being more enraged against him raised an Army to suppresse him which whiles he endeavoured to resist he was slain by one of his own servants or as some say by a Sorceresse with whom he consulted to know his end King Findocke being treacherously slain through the conspiracy of Carâ—â—tius his second brother Donald his third brother was elected King Donald of the Isles usurping the Realme by violence so farre oppressed the people by â—ll officers and discords raised amongst them that he durst seldome stirre abroad he never laughed but when he heard of the discord and slaughter of his Nobles for which he was at last surprised and slaine by Crathilinthus
in the first originall of mankinde and approved by the mutuall consent well-nigh of all Nations which continue unbroken and sempiternall together with the Nature of things and being subject to the commands of no man domineere and rule over all men This law which in every action offers it selfe to our eyes and mindes and dwels in our brests will we nill we our Ancestors following were alwayes armed against violence and suppressed the unrulinesse of Tyrants Neither is this Law proper onely to the Scots but common to all well-ordered Nations and People as the Athenians Lacaedemonians Romanes Venetians Germanes Danes which he there manifests by examples So that I may hence infallibly determine the Realme Parliament and Nobles of Scotland collectively considered to be the Soveraigne power in that Realme superiour to the Kings themselves from whom I shall proceede to Scripture Presidents in the Kings and Kingdomes of the Gentiles Israel and Iudah recorded in Scripture The Kings of the Gentiles Israel and Iudah Now least any should object that all the forecited Examples and Authorities are but humane and no convincing evidences to satisfie the Conscience That whole Kingdoms States and Parliaments are above their kings and of greater power then they I shall therefore to close up this Posterne Gate of Evasion conclude with Scripture Presidents ratifying this truth beyond all contradiction To begin with Heathen kings and States therein recorded I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul his Soveraign and the Israelites to Battell and passed on in the rereward with Achish the Princes of the Philistines seeing it said What do these Hebrews here To whom Achish answered Is not this David the servant of Saul King of Israel which hath been with me these years and I have found no fault in him since he fell unto me unto this day Hereupon the Princes of the Philistines were wroth with him and taking advice together said to their King Achish Make this fellow returne that he may goe again to his place which thou hast appointed him and let him not go down with us to Battell lest in the Battell he be an adversary to us for wherewith should be reconcile himself to his Master should it not be with the Heads of these men Is not this David of whom they sang one to another in dances saying Saul slew his thousands and David his ten thousands Then Achish called David and said unto him Surely as the Lord liveth thou hast been upright and thy going out and coming in with me in the Host is right in my sight for I have not found evill in thee since the day of thy coming neverthelesse the Lords favour thee not wherefore now return and go in peace that thou displease not the Lords of the Philistines And when David replied What have I done c. that I may not fight against the Enemies of my Lord the King Achish answered him I know thou art good in my sight as an Angell of God notwithstanding the Princes of the Philistines have said HE SHALL NOT GOE VP WITH VS TO BATTELL wherefore rise up early in the morning with thy Masters servants that are come with thee and assoon as ye have light depart whereupon they returned Here we see the Lords of the Philistines did peremptorily overrule their king against his will who durst not contradict them therefore they had a Power superiour to his as will further appear by 1 Sam. 5. 7 8 9 10 11. and ch 6. 1 to 13. where when the Ark of God was taken by the Philistines the Lords and People of the Philistines not the King met consulted and ordered how it should be removed from place to place and at last sent it back again So Ahasuerus the great Persian Monarch was advised over-ruled by his Councell of State as appeareth by the case of Queen Vashti Ester 1. and what his Princes thought meet to be done that he decreed and proclaimed verse 19 20 21 22. So Artaxâ—rxes king of Persia did all things of moment by the advise of his Counsellors and Princes Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon Dan 3. 2 3. 24. chap. 4. 32 to 36. was for his pride driven from men put to eat grasse with Oxen for aspace till he knew that the most High ruleth in the Kingdoms of men After which his understanding and reason returned to him and the glory of his Kingdom and his Councellors and Lords sought unto him and established him in his Kingdom he being over-ruled and counselled afterwards by them So Daniel 6. Darius King of the Medes and Persians was over-ruled by his Lords and Princes even against his will to Signe a Decree and to cast Dauiel into the Lyons Den for breach of it and though the King were sore displeased with himself for Signing this Decree and set his heart on Daniel and laboured till the going down of the Sun to deliver him yet the Princes assembling and telling the King Know O King that the Law of the Medes and Persians is that no Decree nor Statute which the King establisheth by the advice of his Nobles may be changed to wit by the king alone without their advise a clear evidence that the greatest Persian Monarchs were subject to the Laws of their Kingdoms as well as other Princes Whereupon the King commanded and they brought Daniel and cast him into the Den of Lyons and a stone was brought and laid upon the mouth of the Den and the King Sealed it with his own Signet and with the Signet of the Lords THAT THE PVRPOSE MIGHT NOT BE CHANGED concerning Daniâ—â— Here this great king was even against his will constrained to be subject both to his Laws and Lords The like we read of Pharaoh king of Egypt Exod. 1. 8 9 10 11. who consulted with his people how to oppresse the Israelites as being unable to do it without their consents And Exod. 10. Pharaohs Councellors and Lords after sundry Plagues on the Land said unto him How long shall this man Moses be a snare unto us Let the men go that they may serve the Lord their God Knowest thou not that Egypt is destroyed Whereupon Moses and Aaron were brought before Pharaoh who said unto them Go serve the Lord your God And Esay 19. 11. to 16. Surely the Princes of Zoan are fools the counsell of the wise Counsellors of Pharaoh is become bruitish They have also seduced Egypt even they that are the stay of the Tribes thereof They then had an overruling power above their kings So the great King of Nineveh â—onah 3. 7 8 9. proclaimed and published a generall fast thorowout the City by the Decree of the King and of his great men making no publike Laws but by their advice and assents In like manner we read in the 2 Sam. 5. 3 4 5. That the Princes of Hanun King of
the Warre and came to David to Hebron to TVRN the Kingdome of Saul TO HIM and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING Whose title to the Crown being afterward shaken by his sonne Absalom who cunningly usurped it and that by the election of the people too as is evident by Hushai his speech unto him 2 Sam. 16. 18. Nay but whom the Lord and THIS PEOPLE AND ALL THE MEN OF ISRAEL CHOOSE his will I be and with him I will abide compared with 2. Sam. 29. 9 10. And all THE PEOPLE were at strife thorow all the Tribes of Israel saying Absalom whom WE ANOINTED OVER VS is dead c. A cleare evidence the kingdome was then held elective and that the people had the Soveraign power of electing and creating their kings all the people throughout all the Tribes of Israel and the men of Iudah to re-establish David in his Throne being fled out of the Land sent this Message to him Returne thou and all thy servants Whereupon the King returned and all the Tribes went as farre as Iordan to meet and bring him back again to Gilgal David growing old his son Adonijah against his consent accompanied with some great Officers and Courtiers of his party usurped the Crown and was by them saluted King but David hearing of it by Gods election and choise commanded Solomon though not his eldest sonne to be annointed and proclaimed King and to sit upon his Throne in his life time As soon as he was anointed and the Trumpet blew ALL THE PEOPLE said God save king Solomon And ALL THE PEOPLE came up after him and piped with fluits and rejoyced with great joy so that the earth rent with the sound of them So that all Adonijah his company forthwith deserted him and he and Ioab were glad to flee to the hornes of the Altar for shelter After which David assembled all the Princes of Israel the Princes of the Tribes the Captaines of Companies thousands and hundreds the Stewards Officers and mighty men with all the valiant men of his kingdome to Ierusalem then he declared to all the Congregation that God had chosen Solomon to sit upon the Throne of the kingdome of the Lord over Israel and to build him an house c. exhorting them to contribute liberally towards this building which they did and when they had blessed the Lord and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the sonne of David KING THE SECOND TIME AND ANOINTED HIM unto the Lord TO BE THE CHIEFE GOVERNOVR his first Coronation being but private without the presence and consent of the whole Realme but of those only then present in Ierusalem Then Solomon sate on the Throne of the Lord as king instead of David his Father and ALL ISRAEL OBEYED HIM and all the Princes and mighty men and likewise all the sonnes of David submitted themselves to him as their king after he was thus generally elected and crowned king the 2. time by all the Congregation And after Davids death he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him From which History of Solomon it is cleare 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation yet hee thought that title not sufficient without a second Election admission and Coronation of him by all the People and generall Congregation 2. That till this his second inauguration by all the people he was not generally acknowledged nor obeyed by all as their lawfull king 3. That Gods and Davids designation of Solomon to the Crown did not take away the peoples liberty right and power freely to nominate make and choose their kings their preuious designation being thus accompanied with this tacit condition that the people likewise should freely elect constitute and crown him for their king else what need of this their subsequent concurrent acceptance and second coronation of him for their king by all the congregation if their consents and suffrages were not necessary or how could he have raigned over them as their lawfull king had not the people generally chosen accepted admitted him for their Soveraigne Solomon deceasing Rehoboam his eldest sonne went up to Sechem what to doe not to claime the crown by discent from his Father but by election from the people as the following History manifests FOR ALL ISRAEL were come to Sechem TO MAKE HIM kING if to make him king then he was no king before they had made him as many Divines most sottishly averre against the very letter of the Text and Iosephus who writes That it pleased the Assembly of the Israelites there held that HEE SHOULD RECEIVE THE kINGDOM BY THE IEOPLES CONSENT And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam saying Thy Father made our yoake grievous now therefore make thou the grievous service of thy Father and his heavy yoake which he put upon us lighter AND WE WILL SERVE THEE because naturally subjects delight in mild Kings who will somwhat descend from their altitudes saith Iosephus This was the condition they propounded to him before they would accept him for their king and upon this condition only would they admit him to reigne over them therefore doubtlesse the disposall of the Crown and limitation of the kings royall power resided in all the congregation who had authority to prescribe their kings what equall and just conditions they pleased And he said unto them depart yet for three dayes then come again to me and the people departed Hereupon Rehoboam consulted with the old men that stood before Solomon his Father while he lived and said how doe you advise that I may answer this people And they spake unto him saying If thou wilt be A SERVANT unto this people this day and wilt SERVE THEM and answer them and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER But he forsooke the Counsell of the old men which they had given him and consulted with the young men that were grown up with him and which stood before him and following their ill advise when Ieroboam and all the People came to Rehoboam the third day as he had appointed the King answered the people roughly and forsaking the old mens Counsell he spake unto them after the Counsell of the young men saying My Father made your yoake heavy and I will adde to your yoake my Father chastised you with whips but I will chastise you with scorpions Wherefore the King HEARKNED NOT UNTO THE PEOPLE for the cause was from the Lord c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THE ME the People answered the King through indegnation with one voyce writes Iosephus saying What portion have we in David NEITHER HAVE WEE INHERITANC IN THE SONNE OF IESSE that is we have
not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever but are still free to elect what King we please to thy Tents O Israel Now see to thine House David so Israel departed to their Tentâ— But as for the children of Israel which dwelt in the Cities of Iudah Rehoboam reigned over them the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES writes Iosephus Then King Rehoboam sent Adoram who was over the Tribute to excuse saith Iosephus the petulancy of his young tongue and to appease the mindes of the enraged vulgar And all Israel stoned him with stones that he dyed therefore King Rehoboam imagining truly that himselfe was stoned in his servant and fearing lest the once conceived hatred should be poured out on his own head tremblingly getting up into his chariot as hastily as he could made speed to flee to Ierusalem Sâ— Israel fell away from the house of David unto this day And it came to passe when ALL ISRAEL heard that Ieroboam was come again that they sent and called him unto the Congregation AND MADE HIM KING OVER ALL ISRAEL c. it being so preordained by God 1 King 12. 26. to 41. Loe here the whole Congregation or Parliament of Israel if I may so stile it had full and free power to reject Rehoboam from the Crown for refusing to subscribe to their conditions to elect Ieroboam for their lawfull King and erect a new Kingdome of their owne divided ever after from that of Iudah which action I shall prove anon to be lawfull warranted by Gods owne divine authority and no sinne nor rebellion at all in the People who never admitted Rehoboam for or submitted to him as their lawfull Soveraigne So Iehu having slain King Ioram Ahabs eldest sonne sent a Letter to Samaria where his other 70 sonnes were brought up to the Rulers and Elders there wishing them to lookout THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters bouse But they being exceedingly afraid said two Kings â—ould not stand before him how then shall we stand and sent word to Iehu We are thy servants and will doe all that thou shalt bid us WE WILL NOT MAKE ANY KING A clear evidence that the kingdom was then elective and that they had power to choose the meetest man not eldest brother for their king After this Zimri slaying Baasha king of usrael and usurping the Crown the people then encamped about Gibbethon hearing of it that Zimri had conspired and also slain the King Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe who burat Zimri in his Palace then were the People divided into two parts halfe of the People followed Tibni to make him king and halfe followed Omri But the people that followed Omri prevailed against the people that followed Tibni so Tibni dyed and Omri Reigned being made king onely by the peoples free election without any divine designation So Ioash the sonne of Ahaziah when Athaliah had usurped the Crowne and kingdome of Iudah neer seven years space was MADE KING anointed and crowned by Iehoiadah the High Priest the Captaines of hundreds and ALL THE PEOPLE OF THE LAND who rejoyced at it when he was but 7. yeeres old and Athaliah was apprehended deposed and murthered by them as an Vsurpresse So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Vzziah who was but 16. yeers old and MADE HIM KING instead of his Father Vzziah king of Iudah being smitten with Leprosie unto the day of his death dwelt in a severall house Iotham his son in the mean time by common consent was over this house judging the people of the Land Ammon king of Iudah being slain by his own servants the people of the Land slew all them that had conspired against Ammon And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead And after Iosiah his death the PEOPLE OF THE LAND took Iehoahaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem From all which sacred Texts and Presidents as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS But not by mee THEY HAVE MADE PRINCES and I knew it not it is most apparant that the kings of Israel and Iudah were usually elected by and derived their Royall authority from the people who made them kings and received not their kingdomes and Crowns immediatly from God himself by a divine right which may be further conmed by the 1. Macab 9. 28. 29. 30. After the death of Iudas Maccabeus all Iudas his friends came unto Ionathan his brother and said unto him since thy brother Iudas dyed we have none like to him to goe forth against our enemies Now therefore WEE HAVE CHOSEN THEE this day TO BE OVR PRINCE and Captain in his stead that thou maist fight our battells Vpon this Ionathan took the Government on him at that time After Ionathans death the People said unto Simon his brother with a lowd voyce 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Iudas and Ionathan thy brother fight thou our battels and whatsoever thou commandest us wee will doe And the Iewes and Priests were well pleased that Simon should be their Governour Captain and High Priest and Simon accepted thereof 1 Mac. 14. 41. to 49. Hence Carolus Sigonius de Repub. Hebraeorum l. 7. c. 3. writes That the kings of the Israelites were created by the Suffrages of the People that the Kingdome of Israel was translated to divers Families for their idolaâ—ry that although the kingdome of Iudah were in some sort hereditary yet it was confirmed by the Suffrages of the People which he proves by the example of Rehoboam and others and that they obtained the Royall dignity not onely by inheritance but likewise by the Suffrages of the People as every one may clearly know who shall but consider the Histories of their kings Which plainly refutes the wild impudent false assertion of the Author of An Appeale to thy Conscience newly published p. 13. where thus he writes Observable it is that thorowout the whole Scriptures we read not of Any King I doubt hee never read the Scriptures else he could not be so grossely mistaken THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE Nor of an Aristocracy that is where the Nobles govern nor of a Democracy that is where the people govern And therefore let them consider how they can answer it at the last day who shall endeavour to change an hereditary kingdome into an elective or any other forme of Government whatsoever that the people doe properly and absolutely make a king is false c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited with the best Commentators on them or read over advisedly Iosh. 22. Iudges 17. 6. c.
18. 1. c. 19. 1. c. 21. throughout with the Books of Ezra Nehemiah Iudges Esther Maccabees the four Euangelists touching Christs arraignment and death Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Iosephus Philo Paul Eber Godwin Cunaeus â—igonius BertraÌ„ or any others who have written of the Jewish Antiquities or Republike he could not have had the impudency to have published such grosse untruths and should have found not onely divers kings in Scripture created by the voyce of the people but an hereditary kingdom oft changed into an elective yea into an Aristocraticall and no Royall government and an Aristocracie and Democracy to even among the Jews themselves whose government before their kings was meerly Aristocraticall as Iosephus Antiqu. Iud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus Sâ—hickardus Bertram Paul Eber and all others that I have seen except this Animal irrationale risibile punctually determine they having no kings of their own before Saul nor any after Zedekiah Therefore I shall spend no more waste paper to refute this palpable errour so confidently asserted by parisiticall Court Doctors who make no conscience of writing any though the grossest untruths which may advance the absolute Soveraign Arbitrary tyrannicall government of kings to oppresse and inslave the people Thirdly that the Kings of Iudah and Israel were no absolute Soveraign Princes but took their Crown with and upon such Divine conditions for breach whereof they and their posterities were oft times by Gods command just judgement and speciall approbation deposed disinherited destroyed and the Crown translated to other families This is evident by direct Scriptures Deuter. 17. 14. to the end Thou shalt in any wise set him King over thee whom the Lord thy God shalt chuse one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother Here is an expresse limitation and condition in respect of the person of the King the conditions in regard of his royall administration follow which are partly Negative partly positive But he shall not multiplie Horses to himself nor cause the the people to return to Egypt c. Neither shall he multiply wives to himself that his heart turn not away neither shall he greatly multiply to himself silver and gold And it shall be when he sitteth on the throne of his Kingdome that he shall write him a Copie of this Law in a Book out of that which is before the Priests the Levites and it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his brethren and that he turn not aside from the Commandment to the right hand or to the left to the end that he may prolong his dayes in his Kingdom he and his children in the midst of Israel Here all the kings of the Israelites when their kingdoms should be erected are strictly bound by God himself to negative and positive conditions upon performance whereof they and their children should prolong their dayes in the kingdom and perpetuate their thrones in the midst of Israel and upon breach whereof they and their posterity should lose both their lives and kingdom to as the last clause insinuates and the subsequent Texts in direct terms averre But what if the king should violate these conditions might the people lawfully resist him Iosephus in his paraphrase on this very text which I shall cite at large resolves they might Truely the government of the best meâ— or Aristocraticall government is best and to live in a Republike thus administred nor is there cause why you should desire any other kinde of government but it is best that contenting yâ—â—rselves with this you continue with in the power of your Laws and of your selves But if the desire of a king shall possesse you let there be none unlesse he be of your stock and blood and one to whom justice with other vertues are cordiall He whosoever he shall be let him attribute more to the lawes and unto God than to his own wisedome AND LET HIM DO NOTHING WITHOVT THE HIGH PRIESTS AND Sâ—NATES ADVICE neither may he nourish many wives nor possesse very much money and many Horses with the plenty of which things he may easily become a contemner of the laws and if he shall addict himself to these things more then is meet OBSTANDVM EST ne potentior fiat quamrebus vestris expedit HE IS TO BE RESISTED lest he become more potent then is expedient for your affairs So he Yea Zuinglius with B. Bilson expresly resolve that the people were bound to resist question and depose their kings for their idolatry and breach of these conditions and that God himself justly punished them for Manasses sins and wickednesse because they resisted and punished him not for them as they were obliged to do as I have elswhere manifested to which I shall refer you This condition most clearly appears in other Texts as in the 1 Sam. 12 13 14 15 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity against Gods and Samuels approbation Samuel used these speeches to them Now thereforebehold the King whom ye have chosen and whom ye have desired c. If ye will fear the Lord and serve him and obey his voyce and not rebell against the commandment of the Lord then shall both ye and also the King that reigneth over you continue following the Lord your God But if ye will not obey the voice of the Lord but will rebell against the voyce of the Lord then shall the hand of the Lord be against you as it was against your fathers c. But IF ye shall do wickedly ye shall be consumed both ye and your King After this Saul being distressed by the Philistines weary of staying for Samuel and presuming to offer sacrifice without him hereupon Samuel said to Saul Thou hast done foolishly for thou hast not kept the Commandment of the Lord thy God which he commanded thee for now would the Lord have established thy kingdom upon Israel for ever but NOW THY KINGDOM SHALL NOT CONTINVE for the Lord hath chosen him a man after his own heart and the Lord hath commanded him to be captain over his people BECAVSE THOV HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE Lo here the breach of Gods conditions by king Saul forfeited his Kingdom and disinherited his posterity of it So when he performed not Gods command in utterly destroying Amalck sparing Agag and the best of the things Samuel sharply reprehending him for this offence said unto him Behold to obey is better then sacrifice and to hearken than the fat of Rams for Rebellion namely king Sauls rebellion against Gods command not subjects rebellion against their
wife of thy bosom or thy friend which is as thine own soul should secretly intice them to commit idolatry or serve other gods they should neither consent nor hearken to nor pitty nor spare nor conceal him but shalt surely kill him thy hand shall be first upon him to put him to death and after the hand of all the people and thou shalt stone him with stones that he die onely for this secret inticement to idolatry And all Israel shall hear and fear and do no more such wickednesse as this is And if they should hear that the inhabitants of any City were seduced to serve other gods tben they must diligently search and inquire after it and if it be truth and the thing certain that such abomination was wrought among them then they shall surely smite the inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the cattell thereof with the edge of the sword and gather all the spoil of it into the midst of the street thereof and burn the City with all the spoile thereof every whit for the Lord their God and it shall be an heap for ever and shall not be built again In pursuance whereof the ten tribes and a half assembled to warre against the Reubenites Gadites and half Tribe of Manasseh for their supposed idolatrous Alter and all the children of Israel assembled together as one man and made warre against the men of Gibeah and the Benjamites for not punishing the grosse Rape of the Levites Concubine destroying the City utterly and the Tribe of Benjamin too welnigh And upon this ground the City of Libnah revolted from under the hand of Iehoram the idolatrous King of Iudah Because he had forsaken the Lord God of his Fathers And as some learned men conceive the people made a Conspiracie against King Amaziah in Ierusalem and he fled to Lachish but they sent after him to Lachish and â—lew him there not privately but openly as acted by publike authoritie consent and meditated deliberation not out of any private hatred but for his impietie whereby he violated the chiefest part of his Oath and Covenant whereupon we read not of any complaint or inquisition or proceedings or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those who slew King Ammon but being slain they brought him back on horses and he was buried at Ierusalem with his Fathers in the Citie of David out of reverence to his royall dignity and family And All the People of Iudah took Azariah and made him King in stead of his father Amaziah which plainly shewes that what was formerly done by the greater part of the States at Ierusalem was afterwards confirmed by common consent as done upon a just cause and executed by command of those who might lawfully doe it Whence they conclude That the Orders or States of the People of Israel had right to chuse what King they would themselves out of the family of David and being elected afterward to correct and punish him as there was cause that they were obliged by this Covenant made to God both to reprehend resist oppose yea depose if not put to death their King for his open incorrigible idolatries and sins by common consent as their king was obliged to punish and put them to death for their idolatries and crimes their kings being included within their Covenants and Gods inhibition of Idolatry under pain of capitall punishments extending to Kings as well as others if not more then to any because their examples were most pernicious and they were as far forth bound by their joynt Covenants made to God with their Kings to hinder their Kings from and to proceed against them for their idolatries as their kings were to impedite and punish them for their breach of Covenant and because God himself did punish them for their Kings idolatries as is evedent by Ier. 15. 1 to 6. and the History of the Kings and Chronicles every where which God would not in justice have done had not the people both just right and power to resist hinder censure punish depose their Kings by publike consent of the State and people for their idolatries and breach of Covenant as Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Coâ—gregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh. 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfâ— the Tribe of Manasseh concerning their Altar and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan out of the hands and power of King Saul his father that he died not though Saul had twice vowed that he should be put to death 1 Sam. 14. 38. to 36. And the people said unto Saul Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrought with God this day So the people rescued Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Caâ—tains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme good unto you and that it be of the Lord our God let us send abroad unto our brethren every where that are left in all the land of Israel and with them also to the Priests and Levites which are in their Cities and Suburbs that they may gather themselves unto us and let us bring again the Ark of our God to us for we enquired not at it in the dayes of Saul And all the Congregation said that they would do so For the thing was right in the eyes of all the people And David went up and all Israel to Baalah to bring up thence the Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe
forth with you my selfe also But the people answered Thou shalt not go forth for if we flee away they will not care for us neither if halfe of us die will they care for us but now thou art worth ten thousand of us therefore now is better that thou succour us out of the Citie And the king said unto them Whatsoever seemeth you good that I will doe and thereupon stayed behinde in the City as they advised him So he likewise followed Ioabs advice to go forth and sit in the gate and speak comfortably to the People after his mourning for Absalons death else not one of the People would have tarried with him that night 2 Samuel 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent and he so engaged them to him That all the people were at strife thorowout all the Tribes of Israel to bring the King back again to Gilgal whence Absalon had chased him Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde that after Solomons death All Israel came to Sechem to make Rehoboam King and all the Congregation of Israel spake unto Rehoboam saying Thy father made our yoak grievous now therefore make thou the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee And he said unto them Depart ye for three dayes and then come again and the people departed In the mean time he consulted first with the old men after that with the young men about him what answer he should return who giving contrary advice Ieroboam and all the people coming to him again the third day the King answered the people roughly after the counsell of the young men saying My Father made your yoke heavy and I will adde to your yoke My Father chastised you with whips but I will chastise you with scorpions So when all the people saw that the King hearkned not to them the people answered the King saying What portion have we in David neither have we inheritance in the son of Iesse to your tents ô Israel now see to thine own house David So Israel departed to their Tents and fell away from the house of David unto this day And all Israel called Ieroboam unto the Congregation and made him King over all Iâ—rael And the Text expresly addes this memorable observation Wherefore the King hâ—â—rkned not unto the people for the cause was from the Lord that he might pâ—rform his saying which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebatâ— Where we see the Kings not hearkning to the people and congregation of Israel in their just request and giving them an harsh answer was a sufficient ground and occasion for them to cast off his government and elect another King to reign over them and that with Divine approbation from God himself Such was the whole peopleâ— and congregations Soveraigne power over their Kings We reade in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host and sent to Aâ—ab king Israel to resign up all his silver gold Wives Children and pleasant things into the hand of his servants Then the king of Israel called all the Elders of the Lanâ— and â—aid Heark I pray you and see how this man seeketh mischief for he sent unto me for my Wives and for my Children for my silver and for my gold and I denyed him not And all the Elâ—ers and all the people said unto him Hearken not unto him nor consent Wherefore he said unto the messengers of Benhaded tell my Lord the King all that thou didst send for to thy servant at first I will do but this thing I may not do Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and Kâ—ng who returned no answer to this publike case without the congregations publik advise So Hezekiah king of Iudah sent to all Israel and Iudah and wrote Letters also to Ephraim and Manasseh that they should come to the house of the Lord at Ierusalem to keep the Passeover unto the Lord God of Israel For Hezekiah had taken counsell and his Princes and all the Congregation in Ierusalem to keep the Passeover in the second moneth for they could not keep it at that time because the people had not sanctified themselves sufficiently neither had the people gathered themselves together at Ierusalem and the thing pleased the King And all the Congregation So they established a Decrée to make Proclamation throughout all Israel from Bersheba even to Dan that they should come to keep the Passeover unto the Lord God of Israel at Ierusalem for they had not done it of a long time in such sort as it was written So the Posts went with the Letters from the King and the Princes throughout all Israel and Iudah c. vers 12. Also in Iudah the hand of God was to give them one heart to doe the Commandement of the King and of the Princes by the word of the Lord and vers 23. And the whole Assembly took Counsell to keep other seven dayes and they kept other seven dayes with gladnesse and All the Congregation of Iudah and Israel rejoyced vers 25. When all this was finished All Israel that were present went to the Cities of Iudah and brake the images in pieces and cut down the Groves and threw downe the high places and the Altars out of all Iudah and Benjamin in Ephraim also and Manasseth untill they had utterly destroyed them all Then all the Children of Israel returned every man to his possession into their owne City In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come and that he was purposed to fight against Ierusalem He took Councell with his Princes and his mighty men to stop the waters of the Fountaine which were without the City and they did help him and there was gathered much people together who stopped all the Fountaines c. Adde hereunto that notable Text Ier. 38. 4. to 28. Where when the Prophet Ieremy had prophecied that Ierusalem should be given into the hands of the King of Babylons Army which should take it Therefore the Princes hereupon said unto the King we beseech thee let this man be put to death for thus he weakneth the hands of the men of Warre that remain in this City and the hands of all the people in speaking such words unto them for this man seeketh not the welfare of this people but the hurt Then Zedechiah the King said Behold he is in your hand For the King is not he that can doe any thing against you And Ier. 26. 8. to 29. Now it came to passe when Ieremiah had made an end of speaking all that the Lord had commanded him to speake unto all the people that the Priests the
Prophets and all the people tooke him saying thou shalt surely dye c. So Ezra 10. 1. to 20. There assembled unto Ezra a very great Congregation of men c. And they said unto Ezra we have trespassed against our God and have taken strange wives of the people of the land yet now there is hope in Israel concerning this thing Now therfore let us make a Covenant with our God to put away all the strange wives c. and let it be don according to the Law and All Iâ—rael said that they would doe according to this word And they made Proclamation throughout Iudah and Ierusalem unto all the children of the Captivity that they should gather themselves unto Ierusalem and that whosoever would not come within 3. dayes According to the Councell of the Princes and the Elders all his substance should be forfeited and himselfe seperated from the Congregation of those that had been carryed away Then all the men of Iudah and Benjamin gathered themselves together unto Ierusalem within three dayes and all the people sate in the street of the house of God trembling hecause of this matter and for the great raine And Ezra the Priest stood up and said unto them Ye have transgressed and taken strange wives to encrease the trespasse of Israel Now therefore make confession unto the Lord God of your fathers and doe his pleasure and seperate your selves from the people of the Land and from the strange wives Then All the Congregation answered and said with a lâ—wd voyce As thou hast said so must we doe but the people are many and it is a time of much raine and we are not able to stand without neither is this a worke of one day or two for we are many that have transgressed in this thing let now our rulers of all the Congregation stand and let them which have taken strange wives in our Cities come at appointed times and with them the Elders of every City and the Iudges thereof untill the fierce wrath of our God for this matter be turned from us And the Children of the Captivity did so Where we see the whole Congregation determine and direct all that was done in this grand common businesse And Esther 9. 17. to 32. the Iewes upon Mordecaies and Esthers Letters after the slaughter of their Enemies Ordained and took upon them and upon their séed and upon all such as joyned themselves unto them so as it should not faile that they would keep the 13. and 14. day of the month Adar and make it a day of feasting and gladnesse according to their writing and according to their appointed time every yeare And that these dayes should be kept and remembred thorowout every generation every Family every Province and every City and that these dayes of Purim should not faile from among the Iewes nor the memoriall of them perish from their seed And the Decree of Esther confirmed those mater of Purim As they had decreed for themselves and their séed From all these Texts compared with Prov. 11. 14. c. 15. 22. c. 25. 5. it is most apparant that the Kings of Iudah and Israel were no absolute Soveraigne Princes paramount their whole Kingdomes or the generall Senate and Congregation of the people or their Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in all matters of publike concernment A truth so pregnant that Bp. Bilson himself from some of these Texts confesseth That it is a question among the learned what Soveraignty the whole people of Israel had over their Kings And that these Scriptures have perswaded some and might lead Zuinglius to thinke that the people of Israel notwithstanding they called for a King Yet reserved to themselves sufficient Authority to over-rule their King in those thiugs which séemed expedient and néedfull for the publike well-fare else God would not punish the people for their Kings iniquity which they must suffer and not redresse Hence that eminent â—ew Iosephus a man best acquainted of any with his owne Nations Antiquities Lawes and the Prerogatives of their kings resolves in direct termes that their King whosoever he were ought to attribute more to the Lawes and to God then to his own wisdome Aud to doe nothing without the advice of the High-Priest and Senate and that if he multiplyed horses and many more then was fitting They might resist him lest he became more potent then was expedient for their affaires Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Iewes Thus the Prophets who grievously offended were no where else punishable but in this Assembly which Quod summae petestatis est as it is an Argument of The Supremest power did both constitute the King ac de Bello gerendo deque hostibus profligandis de proferendâ— Imperio deliber abâ—ut Sed quoniam haec ejusmodi erant in quibus salus omnium summae Reipublicae vertebatur Consultatum de his plerumque cum populo est indictaeenim Comitiae sunt in quibus solis populus partem aliquam caperet regendae reipublicae c. De Rege igitur deque Bello ut dixi decretafacta interdum Populi auctore sunt Caetera omnia Senatores Sanhedrin Per se expeâ—ivere So that the Sanhedrin and Congregation of the people were the highest Soveraigne power and principall determiners of publike matters concerning warre and peace by Cunaeus his resolution Who debating this weighty controversie What the Scepter of Iudah was prophesied of Gen. 49. 10. and what and whose the Majesty of the Empire was determines thus I suppose the Scepter to be nothing else but the Majesty of the Empire or Government to wit that Qnae ipsi Reipublicae assidet which belongâ— to the Republike it selfe Wherefore whos 's the Republike is the Scepter ought to be said theirs Now the Hebrew Republike from Moses his time till the Kingdome of Rehoboam was not of the Iewes or tribe of Iudah but of the twelve Tribes from whence it followes that even the Scepter for all those times was of all the Israelites Now of this Scepter which was long common to all the twelve Tribes the divine Patriarke spake not in that most famous Oracle for he looked at latter yeares and future ages when as the Tribe of Iudah the people being divided into contrary parts began to have its Republike apart from the Israelites which God approved and loved and would have to be called Iewish from the Tribe of Iudah alone untill hee to wit Christ should be given to the assemblies of men to whom not onely the Empire of the Iewes but Gentiles also was destinated And verily this Majesty of the Scepter from the time it once began to be of the Iewes we say continued to be theirs although the state of the Commonweale was sometimes changed and the soveraignty of the Empire was sometimes in the Elders and High
Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Glorâ—ari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not 〈◊〉 would come into the frindship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post. reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean Lâ—vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last saith that That is Treason which is committed against the Roman People or against their safety l. 1. s. 1. F. ad Legem Iul. Majâ—st Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocracie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they had not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant will proceed against them according to his lust and slay whom he pleaseth but it is a glorious thing to die for justice and the truth of God and it is better to die for the defence of justice then afterwards to be slain with the wicked by assenting to injustice or by dissembling Those who cannot endure this let them indure a lustfull and insolent Tyrant expecting extream punishment together with him yet the hand of the Lord is stretched out still and threatneth a stroke But when with the consent and suffrage of the whole or certainly of the better part of the multitude a Tyrant is removed Deo â—it auspice it is done by God approbation If the Children of Israel had thus deposed Manasseh they had not been so grievously punished with him So Zuinglius Hence Stephanus Iunius Brutus in his Vindiciae contra Tyrannos in answer to Machiavels Princeps a most accursed mischievous Treatise and justification of the Protestants defensive wars in France to preserve their Religion and Liberties Anno 1589. determines positively That as all the people are Superiour to the King so are those Officers of State and Parliaments who represent them Superiour to Kings collectively considered though every of them apart be inferiour to them In the Kingdom of Israel which by the judgement of all Polititians was best instituted by God there was this order The King had not onely private Officers who looked to his family but the Kingdom likwise had 71 Elders and Captains elected out of all the Tribes who had the care of the Commonweale both in time of peace and war and likewise their Magistrates in every Town who defended their severall Cities as the others did the whole kingdom These when ever they were to deliberate of greatest affairs assembled together neither could any thing be determined without their advice which much concerned the commonwealth Therefore David called these all together when he desired to in vâ—st Solomon in the Kingdom when he desired the policy restored by him should be examined and approved when the Ark was to be reduced c. And because they represented all the people all the people are then said to have assembled together Finally the same rescued Ionathan condemned to death by Sauls sentence from whence it appears that an appeale lay from the King to the people But from the time the Kingdome was divided through the pride of Rehoboam the Synedrin of Ierusalem consisting of 71 men seems to be of that authoritie that they might judge the King in their assembly as well as the King judge them when they were apart The Captain of the House of Iudah was President over this assembly that is some chief man chosen out of the Tribe of Iudah as even the chief
man for the City Ierusalem was chosen out of the Tribe of Benjamin This will be made more evident by examples Ieremie being sent by God to denounce the overthrow of the City Ierusalem is for this first condemned by the Priests and Prophets that is by the Ecclesiasticall judgement or Senate after this by all the People that is by the ordinary Iudges of the Citie to wit by the Captains of thousands and hundreds at last by the Princes of Iudah that is by the 71 men sitting in the new Porch of the Temple his cause being made known he is acquitted Now they in that very judgement expresly condemn King Iehoiakim who a little before had most cruelly slain the Prophet Uriah threatning like things Also we reade elsewhere that King Zedekiah did so much reverence the Authoritie of this Sanhedrin that he durst not free the Prophet Jeremie thrust by these 71 men into a filthy prison but likewise scarce dared to translate him into the Court of the Prison from thence yea when they perswaded him to consent to Jeremiah his death he answered that he was in their hands and that he could not contradict them in any thing Yea he fearing lest they should enquire into the conference which he privately had with Ieremie as if he were about to render an account of the things which he had spoken forgeth a lie Therefore in this Kingdom the States or Officers of the Kingdom were above the King I say in this Kingdome which was instituted and ordaintd not by Plato or Aristotle but by God himself the Author of all order and the chiefe institutor of all Monarchyâ— Such were the seven Magi in the Persian Empire the Ephori in the Spartan Kingdom and the publike Ministers in the Egyptian Kingdome assigned and associated to the King by the People to that onely end that He should not commit any thing against the Lawes Thus and much more this Author together with Con. Super antius Vasco who published this Treatise to all pious and faithfull Princes of the Republike giving large Encomiums of its worth as also the Author of the Treatise De Iure Magistratus in Subditos p. 253 254 255 256. 268 to 275. whose words for brevity I pretermit Bp. Bilson in his forecited passages and Hugo Grotius De Iure Belli pacis l. 1 c 3. sect 20. p. 63 64. where he confesseth That if the King of the Israelites offended against the Lawes written concerning the Office of a King he was to be scourged for it and that the Sanhedrin had a power above their king in some cases Finally the Kings of Israel and Iudah were not superior to nor exempted from the Lawes but inferiour to and obliged by them as well as Subjects This is evident not onely by the premises but by sundry impregnable Texts As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King prescribes this in direct termes as a part of his duty And it shall be when He sitteth on the Throne of this Kingdome that he shall write him a Copy of This Law in a Booke out of that before the Priestâ— and Levites And it shall be with Him and He shall read therein All the dayes of his life that he may learn to feare the Lord his God To kéep all the words of the Law and these Statutes to doe them that his heart be not lifted up above his brethren and that He turn not aside from the Commandement to the right hand or to the left seconded by Iosh. 7. 8. This Booke of the Law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou maist observe to doe according to all that is written therein turne not to it from the right hand or to the left for then thou shalt make thy way prosperous and then thou shalt have good successe Hence it was that as soon as ever Saul was elected and made King by Samuel and the people he being the first of their Kings Samuel told the people the manner of the Kingdom and wrote it in a Booke and laid it up before the Lord which Booke contained not the exorbitances and oppressions that their Kings would exercise over them mentioned in the 1 Sam. 8. 11. to 19. as Iosephus mistakes but as Petrus Curaeus and others more rightly observe the Law of God concerning Kings prescribed by him Deut. 17. 14. to the end and such Lawes which commanded Kings to use Iustice and equity to govern the Common-wealth well for the peoples benefit to abstaine from fornication and lusts to retain modesty in a great fortune c. Hence Samuel enioyned both Saul and the People to feare the Lord and serve him and obey his voyce and follow him and not rebell against his Commandement c. 1 Sam. 12. 14 15. 20. to 25. Hence King David did alwayes meditate in the Law of God day and night accounting it more deare unto him then thousands of Gold and silver And withall pronounceth from Gods own mouth The God of Israel said the Rocke of Israel spake to me he that ruleth over men must be just ruling in the feare of God Hence the Qu. of Sheeba used this speech to king Solomon Because the Lord loved Israel for ever therefore made he thee King what to domineere at his pleasure no verily but To doe Iudgement and Iustice. Vpon this ground King Iosiah made a covenant before the Lord to walke after the Lord And to kéep his Commandements and his testimonies and his statutes with all his heart and with all his soul And King Asa with other Princes and Governors did the like as the premises evidence From all which and infinite other Scriptures obliging Kings to reign in righteousnesse to doe justice and judgement to all and reprehending them exceedingly for their injustice tyranny oppressions idolatries and other sinnes it is iâ—â—efragable that their kings were as much if not more obliged to keep both Gods and the kingdomes Lawes as the Subiects and had no arbitrary power to doe what they pleased All that is or can be colourably obiected to the contrary to prove the kings of Israel absolute Monarchs exempt from Lawes and paramount their Sanhedrin or people collectively considered is First that passage of Psal. 51. 4. where king David confessing his sinnes of Adultery and Murther to God useth this expression Against thee Thee onely have I sinned and done this evill in thy sight Of which Hierom renders this reason Quod Rex erat alium non timebat alium non habebat super se which Ambrose thus seconds Rex erat Nullis ipâ—e legibus tenebatur quia liberi sunt Reges a vinculis delictorum Neque enim ullis ad poenam vocantur legibus Tuti Imperii potestate Homini ergo non peccavit cui non tenebatur obnoxius Arnobius Cassiodor adde De populo si quis erraverit Deo peccat Regi
not hear you in that day Therefore their Kings were absolute Monarchs not bound to Laws nor responsible to their subiects for their oppressions not yet resistible by them To which I answer that this is a direct description of a Tyrant and not of a lawfull King as is evident First by the very occasion of the words Vttered purposely by Samuel to disswade the People from electing a King changing their former Aristocraticall Government into a Monarchicall because their kings would many of them prove more oppressive Tyrannicall and burthensome to them then their Iudges or his sons were whose bribery and perverting of judgment moved the people thus earnestly to affect a change of Government as is evident by the 1 2 3 4 5 6 and 9 Verses Iosephus and the consent of all Expositors Secondly by the introduction to and the words themselvs This will be the maner of the King that shall reign over you He will take and he will do thus and thus not this ought to be the manner he ought to do or lawfully may do thus and thus Thirdly by the things themselves which he would do which are directly contrary to Deuter. 17. 14. to the end and all other Scriptures expresly enjoyning Kings to judge their people righteously to do justice and judgement and not any wayes to oppresse or spoyle them I shall instance onely in two particulars First the law of Gods expresly prohibits all men and Kings as well as others to covet their neighbours Houses his menservants his maidservants his Oxe or his Asse or any thing that is his Neighbours If their Kings then might not lawfully so much as desire or covet much lesse might they lawfully take away their Houses Sonnes Daughters Manservants Maidservants Asses Sheep Corn Vineyards or any thing else that was theirs without their free consents as Samuel tells them their King would do this therefore must need be onely a declaration of what their Kings would Tyrannically do not of what they might lawfully or justly execute Secondly it is Gods expresse Edict Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression to thrust them out of their possessions but he shall give his Sons inheritance out of his own possession that my people be not scattered every one from his possession And Ezek 45. 8 9. The Land shall be the Princes possession in Israel and my Princes shall no more oppresse my people and the rest of the Land shall they give to the house of Israel according to their Tribes Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoile and execute judgement and justice take away your exactions or expulsions from my people saith the Lord. Whence Ahab King of Israel for coveting and unjustly depriviâ—g Naboth of his Vineyard which he refused to sell him because it was the inheritance of his Fathers and taking possession thereof after his unjust condemnation had a most severe judgement dâ—nounced against him even the utter extirpation of himself Q. Iezabel and their posterity afterwards executed Which punishment God would never have inflicted on them had it been lawfull for the Kings of Israel to take the peoples Fields Vineyards Oliveyards c. and possesse or give them to their servants as Samuel here tels them their Kâ—ngs will do This clause then of taking their Field Vineyards c. from them by the King without their consents being thus dâ—ametrally contrary to these Texts of Ezekiel and such a capitall Crime in King Ahab yea contrary to the practise of Ioseph and the Aegyptian Heathen King Pharaoh who took not away but bought the Aegyptians Cattell and Lands for Corne Gen. 47. 14. to 27. can to wayes be warranted as a just royall prerogative lawfull for their Kings to use but must needs be branded for a Tyrannicall Oppression Fourthly this is evident by the consequences of it Ye shall be his servants not subjects And ye shall crie in that day because of your King which ye have chosen you and the Lord will not hear you in that day Verse 17 18. Certainly the people neither would not ought to crie to god against the proceedings of a just upright King but onely of a Tyrant and Oppressour therefore this Text must needs be meant of such a one who should be a scourge and punishment to them as Tyrants are not a blessing as good Kings alwayes be Fifthly consult we with all Polititians whatsoever this description suites onely with a Tyrant not with any lawfull King and that it is meant of such a one we have the testimony of Iosephus the generall concurring suffrage of all Commentators and Expositors one the place see Lyra Hugo de Sancto Victore Carthusian Angelomus Lexoviensis Calvin Brentius Bugenhagius Beda Bertorius Martin Borrhaeus Peter Martyr Zanchius Piscator Serrarius Strigelius Doctor Willet Deodate the English Bibles notes with others and of sundry who descant on this Text in other writings by name of M. Iohn Calvin Instit. l. 4. c. 20. sect 26. Bishop Ponet his Politicall Government p. 44. Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos p 270. 271. Bucholceri Chronichon p. 208. Petrus Cunaeus de Repub. Hebraeor l. 1. c. 14. Bertrami Politia Iudâ—ic p. 53. Shickardus jus Regium Iudae p. 64. Albericus Gentilis de jure Belli l. 3. c. 15. p. 613. Hugo Grotius de jure Belli Pacis l. 1. c. 3. Adnotata p. 72. Governado Christiano p. 87. Georgius Bucananus de jure Regni apud Scotos p. 44. Doleâ—-man p. 68. 70. Haenon disp polit p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani Franco-Gallia c. 10. Amesius de Casibus Conscienciae p. 306. and to name no more in so plain a case of Doctor Ferne himself in his Resolving of Conscience sect 2. p. 10. where hee writes That Samuel here tels the people how they should be oppressed under Kings yet all that violence and injustice done unto them is no cause of resistance c. This Text then being cleerly meant of their Kings Oppression violence injustice against Law right and a clear descript on of a Tyrant not a King I may safely conclude from all the premises that even among the Israelites and Iews themselves their Kings were subjâ—ct to the Lawes and that the whole Congregation Kingdom Senate Sanhedrin not their Kings were the Supreme Soveraign power and Paramount their Kings themselves whom they did thus freely elect constitute and might in some cases justly censure resist depose if not put to death by common consent for notorious grosse Idolatries and publike multiplied crimes as the forecited authors averre All which considered eternally refuâ—es subverts confonnds the erronious false Positions and Paradoxes which Doctor Ferne Griffith Williams Bishop of Ossery the Authour of The necessitie of Subjection with other late ignorant Pamphletters have broached to the contrary without
Haenon Disp. Polit. p. 179. c. Alhusius Polit c. 4. p. 146. to 154. with Iohn Calvin Instit. l. 4. c. 20. sect 31. and divers others forecited Heare Iunius Brutus instead of all the rest to this particular being a Frenchman by birth and writing his mind herein both freely accutely and ingeniously in these words Now verily since Kings are constituted by the people it seems necessarily to follow populum universum Rege potiorem esse That all the people are better and greater then the King For such is the force of the word that whoever is constituted by another is reputed lesse then him he who receiveth authority from another is inferiour to his Author Potipher the Aegyptian appointed Ioseph over his family Nebuchadonozer set Daniel over the Province of Babylon Darius set an hundred and twenty Princes over the Kingdome Verily Masters are said to appoint servants Kings Ministers so likewise the people appoints the King as the Minister of the Commonweale which title good Kings have not contemned and ill Kings have affected so that â—or some ages none of the Roman Emperours but an apparant Tyrant such as Nero Domitian Caligula would be called LORD Moreover it appeares that Kings were instituted for the peoples sake neither wilt thou say that for an hundred Homunciâ—es more or lesse for the most part far worse then the rest all inferiours whatsoever were created rather then they for them Now reason requires that he for whose sake another exists is to be accounted lesser then he Thus the Governour of a Ship is instituted by the owner for the Shippes sake who sits at the Helme lest the Ship should be broken on the Rocks or ill hold her course And verily whiles he intends this businesse the other Mariners serve him and the owner himselfe obeyes him and yet he is a servant of the Ship as well as any mariner neither differs he from a mariner in gender but in kind In the Republike which is usually compared to a Ship the King is in place of a Master the people of an Owner Threfore to him seeking the publike safety the people obey and submit when notwithstanding he is and ought no lesse to be accounted a servant to the Republike as well as any Judge or Captain neither differs he from those in any thing but that he is bound to beare greater burthens and undergoe more dangers Wherfore verily what things soever the King acquires in warre or when he gaineth adjoyning Coasts by right of warre or by sentence of Law as those things which are brought into the Eschequer he acquires to the Kingdom not to himselfe to the people I say which constitute the kingdome no otherwise then as a servant purchaseth to his Lord neither can any obligation be contracted with him but by their authority Furthermore innumerable people live without a king but thou canst not conceive a King without a people so much as in thy mind Neither have some attained a Royall Dignity because they differed in kind from other men and ought to rule over others by a certain excellency of nature as shepheards doe over their Floâ—ks but rather the people created out of the same Masse have advanced them to that degree that so if they enjoyed any authority any power they should acknowledge it received from them and possesse it as during their pleasure which the ancient custome of the French aptly sheweth who lifting their King up on a Buckler proclaimed him King For why I pray are Kings said to have innumerable eyes many eares long hands most swift feet what because they are like to Argus Gerion Midas or to those whom fables have feined verily no but indeed because all the people whom it concerns lend all their eies their ears their hands feet and faculties to the king for the use of the Republike Let the people recede from the King he who even now seemed eyed eared strong and flourishing will suddenly wax blind deafe and fall to nothing he who erewhile did magnificently triumph will in one moment become vile to all he who even now was adored almost with divine honours will be compelled to play the Schoolmaster at Corinth Over-turn only the basis of this Giant-like heape and like the Rhodian Colossus it will of necessity fall and be broken into pieces Since therefore a King exists by and for the people and cannot consist without the people to whom may it seem strange if we conclude That the People are greater then the King Moreover what we say of all the People we will have spoken also as in the second Question of those also who lawfully represent all the people in every kingdome or City who verily are commonly reputed the Officers of the Kingdome not King The Officers of the Kâ—ng are created or discharged by the King at his pleasure Moreover when he dyeth they are out of place and are in some â—ort accounted dead men Contrarily the Officers of the kingdome receive their aâ—thority from the people to wit In a publike Councell or at least Heretofore were wâ—nt to receive it neither can they be cashéered without the same Therefore those depend on the King these on the kingdome they from the Supreme Officer of the kingdome who is the king himselfe these From the Supream Dominion of the People from whom the king himselfe as well as they ought to depend Their Office is to take care of the king these mens duty to take heed that the Common-wealth receiue no detriment any where Theirs to be present and serue the King as any domestick servants doe their Masters these mens to defend the rights and priuiledges of the people and diligently to prouide that the Prince himselfe commit or omit nothing to their destruction Finally those are the Kings seruants Ministers domesticks instituted only to obey him these contrarily are as the kings Assessors in judging according to Law and Consorts of the Royal Empire so as all these are bound to gouern the Commonweal no otherwise then the king is yet he as a president among them may onely hold the first place Now as All the People are superiour to the King so euen these although single every of them be inferiour to the King yet All of them are to be deemed superiour to him How great the power of the first kings was appeares sufficiently from this that Ephron king of the Hittites durst not grant the right of a sepulcher to Abraham without the peoples consent nor Hamor the Hiuite king of Sechem make a league with Iacob the more weighty affaires being usually referred to the people And veâ—ily in those kingdomes which at that time were circumscribed almost with one City this was easie But from that time kings began to inlarge their Territories neither could all the people assemble in one place without confusion Officers of the kingdome were appointed who should ordinarily defend their rights yet so as when there should be need either all the people or at least
a certain Epitome of them should be extraordinarily assembled Wee see this order to have been in the kingdome of Israel which by the judgement almost of all polititians was best of all constituted The king had his Bakers Butlers Chamâ—berlaines Masters and Stewards of his House who overlooked his Family the kingdom had likewise its Officers 71. Elders and Captains chosen out of every tribe who might take care of the Republike in time either of peace or warre and finally its Magistrates in every Town who were every one to defend their Rites as the others the whole kingdome which he proves to be above their kings and to over-rule them in the forecited passage Such were the 7. Magi or wise men in the Persian Empire being as it were Consorts of the Royall Honor and who were called the kings eyes and eares with whose judgement we read the kings rested satisfied Such were the Ephori in the Spartan Realm to whom they appealed from the king and who did likewise judge the kings themselves as it is in Aristotle In the Aegyptian kingdome the publike Ministers were elected and assigned to the king by the people onely to this end that he should commit nothing against the Lawes Now as Aristotle every where calls those lawfull kings to whom such Officers are adioyned so likewise he feares not to say where they are wanting that there is not a Monarchy but either plaâ—â—ly a barbarous tyrannie or a domination next to Tyrannie In the Roman State the Senators obtained this place and the Magistrates ufually chosen by the people the Tribune of the Consuls the president of the City and the rest so as there lay an appeale from the king to the people which Seneca cites out of Tullies Book of the Republike and the History of Horatius Tergeminus condemned by the Royall Iudges for the murder of his sister and absolved by the people sufficiently evidenceth But under the Emperours the Senate Consuls Pretors Pretorian Perfects Presidents of Provinces which were given to the people and Senate were therefore all called the Magistrates of the people of Rome Therefore when as by the Decree of the Senate Maximinus the Emperour was iudged an enemy of the Republike and Mazimus and Albinus were created Emperors by the Senate against him the Souldiers took an oath that they would Fathfully obey the people of Rome the Senate Emperor howsoever this law might be violated under tyranny As for the Empires at this day as the Turkish Muscovitish and others of this kind which are rather great Robberies then Empires there is not one of them which if not at this time was not at least in times past governed in this manner But if it be come to passe through the Magistrats fault and sloathfulnes that in some places posterity have received a worser Common weal notwithstanding those who at this day possesse these Offices are bound as much as in them is to revoke all things to their ancient state In the German Empire which is conferred by election there are Princes and Electors as well Laicks as Ecclesiasticks Earles Barons Cities Embassadors of Cities who as they have the care of the Commonweale in their severall places so likewise in generall Assemblies or diets whenthere is needs they represent the Majesty of the whole Empire where they are bound to care that the Republike sustain no detriment by the private endeavours or hatreds of the Emperour Therefore there is one Chancellour of the Empire another of the Emperour other and different Officers besides both of the one and other divers Exchequers divers Treasurers and therfore it is a coÌ„mon saying that the Empire is preferred before the Emperor so as the Emperor may be every where said to do homage to the Empire Likewise in the Realm of Poland the Bishops Palatines Castellans Nobles Deputies of Cities and Counties are extraordinarily assembled in whose assembly onely new constitutions are made and wars decréed But ordinarily the councellers of the Realm of Poland the Chancellor of the Polish Repub. c. although the King in the mean time hath his own Chamberlains Stewards Ministers Domesticks But he who will dispute among the Polonians whether the King or the whole people of the Kingdom represented by the Estates of the Realm be greater doth just like him who should dispute at Venice whether the Duke or the Republike were the superior But what shal we say of those kingdomes which are wont to be carried by succession Verily the thing is no otherwise there The Realm of France which not long since was preferred before the rest both for the excellency of Laws and Orders was thus constituted in times past and although those who hold that place do not sufficiently discharge their duty yet they are not thereby the lesse obliged to do it The king verily hath his great Master or Arch-Steward his Chamberlains Hunters Guaâ—d Butlers and the rest whose Offices heretofore did so depend on the King that he dying themselves seemed also to die in their Office so that even yet after the end of the mourning royall the great Master or Arch-Steward is wont to pronounce certain conceived words wherewith he dismisseth the royall family and bids every one provide for himself Yet notwithstanding the Kingdom of France hath its Officers the master of the Palace who afterwards was stiled the Earl of the Stable the Marshals Admirall Chancellour or great Referendary Secretaries Treasurers and Officers who verily heretofore WERE NOT CREATED BUT IN THE GREAT PUBLIKE COVNCELL of the three Orders of the Clergie Nobilitie and people but since the standing Parliament was ordained at Paris they are not thought setled in their Offices before they be received and approved by the Senate of Paris neither can they be casheer'd without their consent and authority Now all these first plight their faith TO THE KINGDOM that iâ— to all the people after that to the King as the Guardian thereof which is perspicuous even from the very form of the Oath But especially the Earl of the Stable when he is girded by the King with the Liliated sword as appears by the words which he pronounceth is girded to that purpose THAT HE MAY DEFEND AND PROTECT THE REPVBLIKE Moreover the Realm of France hath its Peers as Consuls of the King or its Senators as the Fathers of the Republike every of them denominated from the severall Provinces of the Kingdome to whom the King being to bee crowned is wont to plight his faith as to the whole Kingdome from whence it appeares THAT THEY ARE SVPERIOR TO THE KING These again likewise wear that they will defend not the King BVT THE ROYALL CROWN that they will assist THE REPVBLIKE with their councell and that for this end they will be present in the sacred Councell of the Prince in time of Peace or Warre as manifestly appears out of the formulary of the Peership Therefore by the Law of Lombardy in giving sentences they did not onely
sit with the Lord of the Fee as Peers but likewise heard the Causes oft times between the Superiour Lord and his Vassall We likewise see these Senators of France to have oft times judged between the King and Subjects so that when Charles the 6. would have pronounced sentence against the Duke of Britain they withstood him and said THAT THE IVDGEMENT WAS NOT THE KINGS BVT PEERS FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING Hence even at this day the Parliament at Paris which is called the Court of Peers or Senators is in some sort constituted a Iudge between the King and People yea between the King and every private man and is bound as with an obligation to right every one against the King Procurers if he invades any thing against Law Besides if the King determines any thing or makes any Edict at home if he make any compact with neighbour Princes if any Warre be to be waged if any Peace be to be made as of late with Charles the fifth The Parliament ought to approve and bée Authour of it and all things which appertain to the Common-wealth ought to be registred among its acts which verily are not ratified untill they shall be approved by it Now that the Senators might not fear the King heretofore none could be preferred into that Order but such who were nominated by the Senate neither could they Lawfully be removed but by its Authority for a lawfull cause Finally even the Kings Letters unlesse they be subscribed by the Kings Secretary and rescripts unlesse they be signed by the Chancellour who hath a power of cancelling have no authority There are likewise Dukes Marquesses Earles Vicounts Barons Castellanes also in Cities Maiors Deputies Consuls in Sindeches Auditors and the like to whom some particular Region or City are severally commended that they may defend the People so farre forth as their jurisdiction extendeth although some of these dignities at this day are reputed Hereditary And besides this yearly heretofore at leastwise as often as necessity required there was held an Assembly of the three Estates wherein all the Countries and Cities of any note did send their Deputies namely Commons Nobles Ecclesiasticks in each of them apart where they publikely determined of those things which appertained to the Republike Now such was evermore the authority of this Assembly that not only those things which were therein accorded were reputed sacred and holy whether Peace were to be concluded or War to be waged or the Guardianship of the Realm to be committed to any one or a Tax to be imposed was there concluded but even Kings themselves for their luxury slothfulnes or tyrannie were thrust into Monasteries by their authority even all their Ofsprings deprived of the succession of the Kingdom no otherwise then at first when as they were called to the kingdom by the peoples authority verily those whoÌ„ consent had advanced dissent did pull down again those whom imitation of paternall vertues had as it were called into that inheritance a degenerate and ungratefull minde as it had made then uncapable and unworthy so it did make them to be disinherited From whence verily it appears that succession truly was tolerated to avoid competition succession an interregnum and other incommodities of Election but truely when greaâ—er damages would follow where Tyranny should invade the Kingdom where a Tyrant the Throne of a King the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King and of deducing him to his Kindred and of substituting a good King in his place Verily peradventure the French received this from the Gauls Caesar in the fifth Book of the Gallic War being the Author For Ambiorix King of the Eburoni confessed that all that time the Empires of the Kings of Gallia were such that the people duely assembled had no lesse authoritie over the King then the King over the people which also appears in Vercingetorix who pleaded his cause before an assembly of the people In the Kingdoms of Spain especially in Valentia and Catteloigne of the Arragonians it is even thus for the Soveraignty of the Realme is in the Justice of Aragon as they call it therefore the great men who represent the people fear not to tell the King in direct terms both in his very Coronation it self and likewise every third year in the generall assembly of their Estates Tantum valemus nos quantum vos We are as powerfull as you but the Iustice of Aragon is above us both who rules more than you Yea oftentimes what things the King hath asked what he hath injoyn'd the Iustice hath prohibited nay he never dares to impose any tribute without the authority of that Assembly In the Realms of England and Scotland the Supreme power is in the Parliament usually wont to be held almost every year Now they call a Parliament the Assembly of the Estates of the Realme where the Bishops Earls Barons Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs whose authority is so sacred that what things soever it shall once establish it is unlawfull or a wicked act for the king to abrogate Likewise all the Officers of the Realme are wont to receive their Offices from that Assembly and those who ordinarily assist the King or Quéen in Councell In brief other Christian Kingdoms as Hungary Bohemia Denmarke Sweden and the rest have all their Officers of the Realm or Consuls of the Royall Empire who by their own Authority have sometimes used even to depose their Kings themselves as Histories teach or fresh memory sufficiâ—ntly manifests Neither is there verily any cause that we should think the Royall Authority to be thereby deminished or that Kings should hereby suffer as it were a diminution of their heads Truly we deem not God the lesse potent for this because he cannot sin by himself nor his Empire more restrained because it cannot be ruined nor grow worse therefore not a King if that he who may offend by himself be sustained or kept from sinning by anothers help or if peradventure he had lost any Empire by his own negligence or fault that he may retain by anothers prudence What do you think any man lesse healthy because Phisitians â—it round about him who dehort him from intemperance who interdict him the eating of hurtfull meats who likewise oft-times purge him against his will and resisting Or whether doest thou think those Phisitians who take care of his health or flatterers who obtrude the most unwholsome things to be more his friends Therefore this distinction is altogether necessary to be adhibited Some are friends of the King others of Caesar those are friends of Caesar who serve Caesar those friends of the King or Emperour who serve the Kingdom For since any one is called a King for the Kingdoms sake and the Kingdom consists in the people but the Kingdom being lost or decayed the King must altogether
cease to be a King or at least be lesse a King those verily who shall study the profit of the Kingdom are truly the Kings friends those who neglect or subvert the profit of the Realm are truly his Enemies and as thou câ—nst by no means separate the Kingdom from the people nor the King from the Kingdom so neither the friends of the King from the friends of the Kingdom or people yea verily as those who truely love Caesar would rather have him to be a King then a private man nor can they have him a King without a Kingdom in good â—ooth those shall be the Kingdoms friends who are Caesars and those who would seem to be more the friends of Caesar then of the Kingdom or people are truly to be reputed Flatterers and most pernicious enemies But and if they bee truely friends is it not manifest that the King will become more powerfull and stable as Theopompus said of the Ephori when instituted by how much those shall be more and more powerfull to whom the profit of the people or Realm shall be commanded and committed But perchance thou wilt say You tell me of the Senators Peers and Officers of the Realm but I on the contrary see nothing but Ghosts and as it were ancient Cote-Arms in Tragedies but I scarce any where discern any foot-steps of ancient libertie and authoritie Finally you may see most men every where to look to their own affairs to flatter kings to cheat the people scarce any where maist thou finde one who takes pity of the mascerated people much lesse who will give help to the miserable but if there be any who are truely of that minde or thought to be so they are judged Rebels or Traitors they are banished and they are compelled to begge even their very food What the thing is thus It seems almost alwayes and in every place the audacitie of Kings or partly the prevarication partly the slothfulnesse of the Nobility hath been such that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent by a long prescription of time but the people may seem to have determined their Authority or to have lost it by not using it For so it happens for the most part that no man takes care for that which all are bound to take care of that which is committed to all no man thinks it is commended to him Yet notwithstanding against the people neither this prescription nor prevarication doth any thing It is a vulgar saying that no prescription can hurt the king or Exchequer much lesse all the people who are potenter then the King and for whose sake the Prince hath this priviledge for why else is the Prince only the administrator of the Exchequer but for the people the true proprietors as shal be after proved Furthermore is not this a known truth that no violence no not in the longest lasting servitude can be prescribed against liberty But and if thou objectest that Kings were constituted by the people who perchance lived above five hundred yeer since not by the people extant at this day I answer that although kings doe die the people in the mean time as neither any other Universitie never dyeth for as flowing waters make a perpetuall river so also the vicissitude of birth and death an immortall people Therefore as the Rheine Seine Tyber is now the same as it was above a thousand years agoe so likewise the Germane French Roman people are the same unlesse Colonies shall have casually intervened neither can their right be any wayes changed either by the flux of water or change of individuals Besides if they attribute the Kingdom received not to their people but to their Father he to his Grandfather and so upwards could he transfer more right to another then himself first had But and if he could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any theef But on the contrary the people have a right of perpetuall eviction Therefore that the Nobles have been for a long space oppressed in any Kingdom can no way prejudice the people but rather as the servant should not be heard who in that he hath a very long time detained his Lord captive should boast that he was not onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe to be without fault yea rather by how much the longer he hath been such a one the more severely should he be punished So likewise a Prince is not to be heard or endured who because he hath succeeded to a Tyrant or hath for a long time used the people like a bondslave from whom he hath received his kingdome or hath offered violence to the Nobles should think that what ever he lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde to the injury of the King But what if the Nobles themselves have colluded with the King what if in betraying the cause they have betrayed the people as it were bound into the hands of a Tyrant shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King whether I say by this fact is any thing taken away from the liberty of the people or adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage and destruction of the people cannot verily detract any thing from their right but even they themselves shall fall into the penalty of the Law which is promulged against prevaricators and the Law permits the people to chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare of death but out of desire of gain hath been thus treacherously put upon them Or if those who ought to shake it off shall impose it or those who might doe it shall tolerate it He hath many other pertinent passages to the
same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe whose opinion is fortified by Alphonsus Menesius his poems annexed to his Treatise Thirdly it is abundantly manifest from all the premises That Kings and Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his laâ—e Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws forecited by the Year Book of 19. H. 6. 63. a. where Fray saith That the Parliament is the highest Court which the King hath and the Law is the highest inheritance which the King hath for by the Law he himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintain by Commandment in a case of Iewels That the Kings of this Realme were not above the Order of their Laws and therefore the Ieweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13 Marius Salomonius de Principatu in sixe speciall Books to this purpose by Iustus Eccardus de Lege Regia Thomas Garzonius Emporii Emporiorum Pars 1. Discursus 1. de Dominiis sect 6. p. 9 10. Ioannis Carnotensis Episc. lib. 4. Policrat c. 1. Bochellus Decreta Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15 16. Haenon Disput. Polit. p. 428. to 442. Fenestella de Magistratu p. 149. Ioannis Mariana de Rege Regis Instit. l. 1. c. 9. an excellent discourse to this purpose Petrus Rebuffus Prâ—fat ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1 p. 108 109 part 2. 192 c. Buchanon de Iure Regni apud Scotos passim Iunius Brutus Vindiciae contra Tyrannos quaest 3. p. 116. to 139. an accurate discouse to this effect Grimalius de Optimo Senatore p. 33. 201 205. Vasquius contr Illustr 16. n. 15. 19. 21. 17. n. 1. 23. 20. n. 3. 44. n. 3. 73. n. 12. 13. 15. 72. n. 7. and elswhere De Iure Magistratus in subditos passim Polanus in Ezech p. 824. 854. Pareus in Rom. 13. p. 138. Francis Hotomani Franco Gallia c. 6. to the end of Cap. 20. Sparsim Governado Christiano p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Billi l. 1. c. 4. s. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have profâ—ssed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Antiochus the third King of Asia is commended that he writ to all the Cities of his Kingdom if there should be any thing in his Letters he should write which should seem contrary to the Laws they should not obey them And Anastatius the Emperour made this wholesome sanction admonishing all the Iudges of his whole Republike that they should suffer no Rescript no pragmaticall sanction no sacred adnotation which should seem repugnant to the generall Law or the publike profit to be produced in the pleading of any suite or controversie enough eternally to shame and silence those flattering Courtiers Lawyers Divines who dare impudently yea impiously suggest the contrary into Princes Ears to excite them to Tyrannize and oppresse their subjects against their expresse Oathes inviolably to observe and keep the Laws their Duties the very Lawes of God and man of which more in the seventh and eight Observation Fourthly That Kings and Emperours can neither anull nor change the Laws of their Realms nor yet impose any new Laws Taxes or Impositions on them without the consent of their People and Parliamets This I have largely manifested in the first Part of this Discourse and the premised Histories with the Authors here quoted in the three precedent Observations attest and prove it fully for if the whole Kingdom Parliament and Laws themselves be above the King or Emperour and they receive their Soveraign Authority from the â—eople as their publike servants It thence infallibly follows that they cannot alter the old Laws which are above them nor impose new Lawes or Taxes to binde the whole Kingdom people without their assents they being the Soveraigne Power This point being so clear in it self so plentifully proved in the premises I shall onely adde this passage out of Iunius Brutus to ratifie it If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republike much lesse can they make and create new Laws therefore in the German Empire if the Emperour think any Law necessary he first desires it in the generall assemblies if it be approved the Princes Barons and Deputies of Cities subsigne it and then it is wont to be a firme Law Yea he swears that he will keep the Laws Enacted and that he will make no news Laws but by common consent In the Kingdom of Poland there is a Law renewed An. 1454 and 1538. That no new Laws or Constitutions shall be made but onely by publike consent or in any place but in Parliament In the Realm of France where yet commonly the authority of Kings is thought most ample Laws were heretofore enacted in the Assembly of the three Estates or in the Kings ambulatory Councell but since there hath been a standing Parliament all the Kings Edicts are void unlesse the Senate approve them when as yet the Arrests of that Senate of Parliament if the law be wanting even obtain the force of a Law So in the Kingdoms of England Spain Hungarie and the rest there is and of old hath been the same Law For if Kingdoms depend upon the conservation of their Laws and the Laws themselves should depend upon the lust of one Homuncio would it not be certain that the Estate of no Kingdom should ever be stable Would not the Kingdom necessarily stumble and fall to ruine presently or in a short space But if as we have shewed the Lawes be better and greater than Kings if
Kings be bound to obey the Laws as servants are to obey their Lords who would not obey the Law rather then the King who would obey the King violating the Law who will or can refuse to give any to the Law thus infringed Fiftly that all publike great Officers Judges Magistrates and Ministers of all Realms are more the Officers and Ministers of the Kingdom than the Kings and anciently were and now ought to be of right elected onely by the Kingdom Parliament people and not removable but by them which is largely proved by Iunius Brutus Vindiciae contr Tyrannos qu. 1 2 â— De Iure Magâ—stratus in Subditos qu. 5 6 7 8 9. with others the Histories forecited and Hotomani Francogallia c. 6 11 12 13 14. 6. That Kings and Emperors have no absolute power over the lives liberties goods estates of their subjects to dispose of them murther imprison or strip them of their possessions at their pleasure but ought to proceed against them in case of Delinquency according to the known Lawes and Statutes of their Realmes This truth is abundantly evidenced by all the premises by Magna Charta c. 29. and all Statutes Law-Books in affirmance of it by resolution of the Judges in Henry 8. his reigne Brook Corone 29. That it is Felony to slay a man in justing and the like notwithstanding it be done By command of the King for the command is against the Law and of Judge Fortescue 19. H. 6. 63. That if the King grant to me that if I kill such a man I shall not be impeached for it this grant is void and against Law By Iunius Brutus Vindiciae contra Tyrannos Quaest. 3. p. 1â—6 to 137. and the Treatise De Iure Magistratus in subditos in sundry places where this undeniable verity is largely proved confirmed and by others forecited Seventhly That Emperours Kings Princes are not the true Proprietory Lords or Owners of the Lands Revenues Forts Castles Shipps Iewels Ammunition Treasure of their Empires Kingdoms to alienate or dispose of them at their pleasures But onely the Guardians Trustees â—Stewards or Supervisors of them for their Kingdoms use and benefit from whom they cannot alien them nor may without their consents or privities lawfully dispose of them or any of them to the publike prjudice which if they doe their grants are void and revocable This proposition formerly ratified by many reasons authorities sundry Historicall Passages in this Appendix is not only evident by the Mâ—tropolitans usuall speech to all elected Kings prescribed by the Roman Pontificall ratified by the Bull of Pope Clement the eight where the Metropolitan when any King is presented to him to be Crowned first demands of the Bishops who present him Do you know him to be worthy of and profitable to this dignitie to which they answer We know and beleeve him to be worthy and profitable to the Churth of God and for the Government of this Realme After which the Metropolitan among other things useth this Speech unto him Thou shalt undeniably administer Iustice without which no society can continue towards all men by rendring rewards to the good punishment to the evill c and shalt so carry thy self that thou maist be seen to reignâ— not to thine own but to all the peoples profit and to expect a reward of thy good deeds not in earth but in heaven which he immediately professeth with a solemn Oath to perform to the uttermost of his power and knowledge but likewise professedly maintained by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu Hugo Grotius de Iure Belli Pacis l. 1. c. 4 sect 10. Lib. 2 c. 13. 14. Hotomani Franco-Gallia c. 6. 10. 14. Ruibingius l. 2. Class 11. c. 8. n. 26. Ioannis Mariana Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis de Iure Belli l. 3. c. 15. Cuiacius c 33. de Iure Iurando Decius Cons. 564. 689. Cephalus Concil 618. Alciatus l. 3. de v. s. l 15. C. de pact Baldus Proaem Digest and by Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 136. to 256. who handles this question professedly Whether that the King be the proprietory Lord of the publike Royall Patrimany of his Kingdom or the Vsufractuary of it determining cleerly that he is not I shall transcribe the most of his Dicourse This Head we must handle a little more accurately This is first to be observed that the Patrimony of the Exchequer is one thing of the Prince another thing I say the things of the Emperour King Prince are one thing the things of Antonine Henry Philip another The things of the King are those which he as king possesseth the things of Antonine those which he hath as Antonine and those verily he received from the people the other from his Parents This distinction is frequent in the Civill Law wherein the patrimonie of the Empire is said to be one thing of Caesar another the Exchequer of Caesar one thing the Treasury of the Republike another the Treasurer of Caesar one person of the Emperiall Exchequer another the Courts of sacred donations others from those of private things so that he who as Emperour is preferred before a private man in a pledge may sometimes be placed after him as Antonine Likewise in the German Empire things of Marimilian of Austria are one kinde of things of Maximilian the Emperour another the Treasurers of the Empire others and of himself other from them Likewise by another Law the hereditaty possession of Princes are different from those which are annexed to the dignities of the Electorship Yea even among the Turks the Patrimoniall Grounds or Gardens of Selymus are one thing the fiscall Ground another and those verily are spent on the Princes Table these onely in sustentation of the Empire Yet there are Kingdoms as the French English and the like wherein Kings have no private Patrimonie but onely the Republike received from the people in which therefore this distinction is not used Now as for the private goods of Princes if there be any there is no doubt but they are the proprietors of them no otherwise then private Citizens and by the civill Law they may sell and divide them at their pleasure But verily of the Exchequer Kingdom Royall Patrimony which is usually called Demesnes they can with no reason be calâ—ed the proprietory Lords For what whether because one hath made thee a Shepheard for his Flocks sake hath he delivered it thee to fley divide doe with it and strike it at thy pleasure whether because the people have constituted thee a Captain or Judge of some Citie or County have they given thee power of alienating selling destroying that Citie or County And surely there is made an alienation of the people together with the Region or Countie have they therefore given thee authority of severing prostituting enslaving them to whom thou wilt Furthermore is the Royall dignitie a possession
from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall not waste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor deneunce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had â—reacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thence forth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were formerly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flâ—mmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who both fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Between you and us there reignes one greater then you to wit the Iustice of Arragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to be repeated every third yeere in the publike Assembly But if he shall grow insolent trusting to his Royall power shall violate the publike Lawes finally shall neglect the Oath he hath taken then verily by the Law it selfe he is deemed excommunicated with that grandest excommunication or Anathema wherewith the Church in former times excommunicated Iulian the Apostate whose force truly is such that no more prayers may be conceined for him but against him and they themselves are clearly absolved from their Oath and Obligation by that Law whereby a vassall out of duty ought not to obey an excommunicated Lord neither is bound to do it by his Oath which is ratified among them by the Decree both of a Councell and of a Parliament or publike Assembly Likewise in the kingdome of Castile an Assembly being summoned the King that is to be crowned is first publikely admonished of his duty after which most expresse conditions are read which pertaine to the profit of the Republike Then the King sweares that he will diligently and faithfully observe them then at last the great Master of the Knights binds himselfe to him by Oath whom the other Princes and Deputies of Cities afterwards follow every one in his order which also is in like manner observed in Portugall Leon and the other kingdomes of Spain Neither verily were lesser principalities instituted by any other Law There are extant most expresse agreements of the Brabanders of the other people of Belgia Austria Carintha and other provinces made with their princes which verily have the place of conditions But the Brabanders expresly that place might not be left to any ambiguity have expressed this condition For in inaugurating their Duke in ancient conventions wherein there is almost nothing wanting for the preservation of the Republike they being all read over before the Duke they protest openly and plainly to him that unlesse he shall observe them all That it shall be free for them to chuse another Duke at their pleasure Which conditions he embracing and willingly acknowledging he then binds himselfe by Oath to observe them which was also observed in the inauguration of Philip the last King of Spaine In sum no man can deny but that there is a mutuall binding contract between the King and subjects to wit That he raigning well shall be well obeyed Which verily is wont to be confirmed with an Oath by the King first afterwards by the people Now verily I demand here why any man should sweare but that he may shew that he speaks from his heart and seriously whether truly is there any thing more agreeable to nature then that those things which have pleased us should be observed Moreover why doth the King swear first at the peoples stipulation or request but that he may receive either a tacit or expresse condition But why is a condition annexed to a contract but onely to this end that if it bee not fulfilled the contract should become voide in Law it selfe But if through default of performing the condition the contract be voide in Law it selfe who may call the people perjured who shall deny obedience to a King neglecting that condition which hee might and ought to fulfil violating that law to which he hath sworn Yea who on the contrary would not account the King faedifragous perjurious altogether unworthy of that benefit For if the Law freeth the Vassal from the bond of
his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the
of the Provinces in particular as by all in generall The which he had effected by force if it had not beene that soon after by the means of the Prince of Orange and a good number of Gentlemen and others borne in these Countries banished by the Duke of Alva following the party of the said Prince and being for the most part in his service and other inhabitants affected to the libertie of their Countrey the Provinces of Holland and Zeeland had not revolted and put themselves under the Princes protection Against which two Provinces the Duke hath since during his Government and after him the great Commander of Castile sent in his place by the King not to moderate any thing of his Predecessors Tyrannie but to pursue it more covertly and cunningly than he had done forced those said Provinces who by their Garrisons and Citadels were made subject to the Spanish Yoke to imploy their persons and meanes to helpe to subdue them yet no wayes easing the said Provinces but intreating them like enemies suffering the Spanyards under the colour of a mutinie in view of the said Commander to enter by force into the Town of Antuerpe and there to continue six weeks living at discretion at the poore Bourgers charge forcing them moreover to be freed from their insolencies to furnish foure hundred thousand florins to pay the said Spanyards which done the said Souldiers growing more bold through the sufferance of their Commanders presumed to take Armes against the Countrey seeking first to surprize Brussels and in the place of the ancient and ordinary seate of Princes to make it a nest and den of theeves The which not succeeding according to their designe they tooke Alost by force and soone after forced the Towne of Maestricht And since being violently entred into Antuerpe they spoyled it sacked it and wasted it with fire and fword in such sort as the most barbarous and cruell enemies could not have done more to the unspeakable losse not onely of the poore inhabitants but in a manner of all the Nations of the world who had their Merchandise debts and money there And although the said Spanyards by a Decree of the Councell of Estate to whom the King by the death of the great Commander had conferred the generall Government of the Countrey were in the presence of Ieronimo de Rhoda proclaimed enemies to the Countrey yet the said Rhoda of his owne private authority or as it is to bee presumed by vertue of some secret instruction which he had from Spaine took upon him to be the head of the said Spanyards and their adherents so as without respect of the Councell of Estate he usurped the kings Name and Authority counterfeited his Seale and carried himself as a Governour and the Kings Lieutenant in these Countries The which moved the Estates at the same instant to agree with the Prince of Orange and the Estates of Holland and Zeeland which accord was allowed by the Councell of State as lawfull Governours that they might joyntly with their common forces make warre against the Spanyards Omitting not as good subjects by divers humble petitions to beseech the King to have regard unto the troubles oppressions and insolencies which had hapned and were like to follow and that hee would bee pleased with all convenient speed possible to command the Spanyards to depart out of the Countrey and especially those which had been the cause of the sack and ruine of the chiefe Towns of his Countrey and other innumerable insolences and violences which his poore subjects had endured to the comfort and ease of them which had endured them and to the example of all others yet notwithstanding the King although that he made shew by words that what had hapned displeased him and was against his will and that he had an intent to punish the heads and authors and to provide for the quiet of the Countrey with all clemency as it behoved a mercifull Prince hath not onely neglected to punish the said Heads and Authors but contrariwise as it appeareth all was with his consent and former resolution of the councell of Spain as certain letters of his intercepted soon after do plainly shew by the which it was written unto Rhoda and to the other Captains authors of all the mischiefe That the King did not blame that action but did allow thereof and commend it promising to recompence them especially the said Rhoda as having done him a singular service The which at his return into Spaine and to all other ministers of the oppressions that were used in these Countries he did shew by effect At the same time the King thinking the better to blinde the eyes of his subjects sent into these Countries for Governour Generall Don Iohn of Austria his base brother as being of his blood who making shew unto the Estates that he did allow of the Pacification of Gant promised to send away the Spanyards to punish the authors of all insolencies and disorders which had hapned in the Countrey and to take an order for the generall peace and the restoring of their ancient liberties sought to divide the Estates and to subdue one Countrey after another By the permission and providence of God who is an enemy to all oppression he was discovered by the intercepting of certain letters where he was commanded by the King to govern himself in these Countries according to the Instructions that should be given him by Rhoda and to cover this practice the King had forbidden Don Iohn to speake with him commanding him to carry himselfe unto the chiefe Noblemen with all mildenesse and courtesie to winne their loves untill that by their assistance and meanes he might reduce Holland and Zeeland and afterwards work his will of the other Provinces Whereupon Don Iohn notwithstanding that he had solmnly sworn in the presence of all the Estates of the Countrey to observe the said Pacification of Gant yet contrary thereunto he sought by meanes of their Colonels whom he had already at his devotion and great promises to winne the Germane souldiers who were then in Garrison and had the guard of the chiefe Townes and Forts of the Countrey whereof by that meanes he made himselfe master holding himselfe assured of those places they held and so by that meanes to force them that would not joyne with him to make warre against the Prince of Orange and them of Holland and Zeeland and so to raise a more boody and intestine warre then had been before But as all things that are treated cunningly and with dissimulation cannot be long kept secret Don Iohns practises being discovered before hee could effect what he had designed hee could not bring his conceptions and enterprises to the end that he pretended Yet he revived a new warre the which continues unto this day in stead of rest and an assured peace whereof hee did so much vaunt at his coming Which reasons have given us great occasion to forsake the King of Spain and
to seeke some other mighty and mercifull Prince to helpe to defend these Countries and to take them into his protection and the rather for that these Countries have endured such oppressions received such wrongs and have been forsaken and abandoned by their Prince for the space of twenty years and more duduring the which the Inhabitants have beene intreated not as subjects but as enemies their naturall Prince and Lord seeking to ruine them by armes Moreover after the death of Don Iohn having sent the Baron of Selles who undâ—r colour propounding some meanes of an accord declared sufficiently That the king would not avow the Pacification made a Gant which Don Iohn notwithstanding had sworne to maintaine setting downe more hard conditions Yet for that we would discharge our selves of our duties wee have not omitted to make humble suite by writing imploying moreover the favour of the greatest Princes of Christendome seeking by all meanes without intermission to reconcile our selves unto the King having also of late kept our deputies long at Cologne hoping there by the intercession of his imperiall Majestie and some Princes Electors to have obtained an assured peace with some moderate tolleration of Religion the which doth chiefly concerne God and mens consciences as the estate of the affairs of the Countrey did then require But in the end we found it by experience that nothing was to be obtained from the King by the Conference at Cologne and that it was practised and did onely serve to disunite and divide the Provinces that they might with the more facility vanquish and subdue first one and then another and execute upon them their first designes The which hath since plainly appeared by a certain proscription which the King hath caused to be published whereby we and all the Inhabitants of the united Provinces and Officers that hold their partie are proclaimed Rebels and to have forfeited lives and goods Promising moreover a great summe of money to him that should murther the said Prince and all to make the poore Inhabitants odious to hinder their Navigation and Traffique and to bring them into extreme despaire So as despairing of all meanes of reconciliation and destitute of all other succours and ayde we have according to the Law of nature for the defence of us and other Inhabitants the Rights priviledges ancient customes and libertie of the Countrey and the lives and honours of us our wives children and posterity to the end they fall not into the slavery of the Spanyards leaving upon just cause the King of Spaine beene forced to seeke out some other meanes such as for the greater safety and preservation of our Rights Priviledges and liberties we have thought most fit and convenient We therefore give all men to understand That having duely considered all these things and being prest by extreme necessitie We have by a generall resolution and consent declared and doe declare by these presents the King of Spaine ipso jure to be fallen from the Seigniory Principalitie jurisdiction and inheritance of these Countries And that we are resolved never to acknowledge him any more in any matter concerning the Prince jurisdictions or demeanes of these Netherlands nor to use hereafter neither yet to suffer any other to use his Name as Soveraigne Lord thereof According to the which we declare all Officers private Noblemen Vassels and other inhabitants of these Countries of what condition or qualitie soever to be from henceforth discharged of the Oath which they have made in any manner whatsoever unto the King of Spaine as Lord of these countries or of that wherby they may be bound unto him And for the above named reasons the most part of the said united Provinces by a common accord and consent of their Members have submitted themselves under the command government of the high and mighty Prince the Duke of Aniou and Alanson c. upon certain conditions contracted and accorded with his Highnesse and that the Archduke of Austria Mathias hath resigned into our hands the goverment generall of these Countries the which hath been accepted by us We enjoyn and command ali Iudges Officers and all others to whom it shall appertain That hereafter they forbeare to use any more the name titles great seal or signet of the K. of Spain and instead therof whilst that the Duke of Anjou for his urgent affaires concerning the good and welfare of the Country shall be yet absent for as much as shall concern the Provinces which have contracted with his Highnesse and touching the rest by way of provision they shall use the title and name of the chiefe and Counsell of the Country And untill that the said heads and Counsellors shall be named called and really established in the exercise of their charges and offices they shall use our name except Holland and Zeeland where they shall use as they have formerly done the name of the Prince of Orange and of the Estates of the said Provinces untill that the said Councell shall be in force and then they shall govern themselves as it is agreed touching the instructions given for the said Counsell and the accords made with his Highnesse And instead of the Kings seales they shall hereafter use our Great Seale counter Seale and Signet in matters concerning the government generall for the which the Councell of the Country according to their instructions shall have authority And in matters concerning the policie administration of Iustice and other private acts of every Province the Provinciall Concels and others shall respectively use the name and Seale of the said Province where the matter shall be in question and no other upon pain of nullity of the said Letters or Dispatches which shall be other wise made or sealed And to the end these things may bee the better observed and effected we have enjoyned and commanded and do enjoyn and command by these presents That all the King of Spaines Seales which are at this present within these united Provinces shall be dilivered into the States hands or to him that shall have commission and authority from them upon pain of arbitrary punishment Moreover We ordain and command that from henceforth the name and armes of the King of Spain shall not be put not stampt in any coynes of these united Provinces but there shall be such a figure set upon them as shall be appointed for the coyning of new peeces of Gold and Silver In the like sort we enjoyn and command the president and Lords of the privie Councel and all other Chancellors presidents Provinciall Counsuls and all Presidents and chiefe Masters of accounts and others of all chambers of accounts being respectively in these countries and also all other Iudges and Officers as holding them discharged of the oath which they have made unto the King of Spain according to the tenor of their Commissions that they shall take a new oath in the hands of the Estates of the Province where they are or to their Deputies by
the which they shall swear to be faithfull to us against the King of Spain and his adherents according to the form set down by us and there shall be given to the said Councellors Masters of accounts Iudges and Officers remaining in the Provinces which have contracted with the Duke of Anjou in our name an act of continuance in their Offices containing in stead of a new commissions a cessation or disannulling of their former and that by way of provision untill his comming And to Councellors Masters of accounts Iudges and Officers being resident in Provinces which have not contracted with his Highnesse a new Commission shall be given under our name and Seale if the petitioners were not found faulty to be of bad behaviour to have done against the priviledges of the Countrey or to have committed some other disorder We also command the President and them of the privie Councell the Chancellour and Councell of Brabant the Governour Chancellour and Councell of Gueldres and the Countie of Zutphen the President and councell in Flanders the President and councell in Holland the Governour President and Councell in Friseland the President and Councell at Vtricht the Bayliff at Tournay and Tournesis the Receivors or chiefe Officer of Beoostercheldt and Bewesterscheldt Zeeland the scout of Macklyn and all other Iudges and Officers whom it shall concerne their Lieutenants and every of them presently without any delay to publish this our Decree in all places of their jurisdictions and wheresoever they are accustomed to make proclamations to the end that no man may pretend any cause of ignorance And that they may keep and observe and cause to be kept and observed inviolably this our Decree without any favour support or dissimulation for wee have so thought it fit and convenient for the good of the Countrey For the effecting whereof we give to every one whom it shall concerne full power and authority and speciall Commission In witnesse whereof we have caused our seale to be hereunto annexed Given at the Hage in out assembly the 26 of â—uly 1581. Vnderneath was written By the ordinance and decree of the said Estates and signed â— Tan Asseliers According unto this declaration of the Estates there was a new forme of an Oath drawn in manner of an abjuration of the King of Spaine and promise of duty and obedience which every one should owe unto the said Estates by the publike Officers and Magistrates of every Town and Province as followeth I sweare That hereafter I shall not serve nor yeeld obedience to Philip King of Spaine nor acknowledge him for my Prince and Lord whom I doe renownce by these presents and doe hold my selfe freed from all Oaths and bonds by the which I might bee formerly tyed unto him whereof finding my selfe presently delivered I sweare a new and binde my selfe to the united Provinces and namely to them of Brabant Gueldre Holland Zeeland and their allies and to the soveraign Magistrates that are appointed to bee faithfull and loyall unto them to yeeld them all obedience aide and comfort with all my power and meanes against the King of Spaine and his adherents and against all the enemies of the Countrey Promising as a good vassall of the Countrey to carry my self faithfully and loyally with shew of all obedience to my superiors So help me the Almighty God This decree being thus proclaimed all the seales counter-seals and secret signets of the King of Spaine were broken and cancelled with solemnity by all the consuls of the said Provinces and others new made by order of the generall Estates for that which concerned the Government and the affairs of the generality And as for matters of justice and policie they used the seales names and titles of private governours and Provinciall consuls From that time there was no coynes of gold silver or copper made with the name or titles of the King of Spaine but upon stamps which the Estates had caused to be made in every Povince All governours superintendents Presidents Chancellours Councellours and others Officers were discharged and absolved from their precedent oathes and did sweare fidelity to the generall Estates against the King of Spaine and his adherents according to the forme above mentioned to whom an act was sent for the continuation of the Commissions Ninthly it is evident from the premises That is Emperours and Kings shall degenerate into Tyrants violate their Oathes and Covenants made unto the people invade their Lawes Liberties persons with armed violence and instead of protecting make warre upon them that the Nobles Magistrates Estates Parliaments and people in such cases may without any guilt of Treason Rebellion Sedition not only disobey but Lawfully resist them with force of Armes both in point of Lawe conscience are obliged under paiâ—e of treachery and perfidiousnesse to their Countrey thus to resist and in cases of incorrigibility for the publike weale and preservation may justly if they see it necessary depose them from their Royall Dignities as Enemies or Traytors to their Kingdoms and people The reason is Because no Kingdome or Nation under Heaven ever elected or voluntarily submitted themselves unto any Emperour or King whatsoever for ought can be proved or imagined but upon this tacit condition that they should justly governe defend and protect them for their good not tyrranize over pillage murther oppresse or make warre upon them at their pleasures contrary to the Lawes of God nature nations Nor yet actually obliged themselves under paine of Treason Rebellion death or damnation not forcilly to reobsist or deprive their Princes in any wise though they with open violence should set themselves to subvert their Religion Lawes Liberties and Republike to which unreasonable condition no Natian certainty would have consented had it been propounded to them by their Kings at first as Grotius well observes This point of greatest difficulty and concerment I have largely debated and confirmed already in the third part of this Discourse where all contrary Objections against it are refuted Yet because it still seemes a feditious unchristian Paradox to many Malignants and Royallists I shall satifie it with such new Authorities of all sorts which may happily convince if not convert them from their inveterate wilfull error My first Authority of this kinde is that passage of Sozomon an ancient Ecclesiasticall Historian Eccles. Hist. l 6. ch 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch 34. where he thus writes of the death of Iulian the Emperor who turned both a Tyrant Apostate and Persecutor of the Christians reputed to be staine by a Christian Souldier of his own Army for his Tyranny and impiety Whereas Libanius writes in this manner Hee seemes to say that the stâ—ayer of Iulian the transgressor was a Christian which peradventure was true Neither is it incredible that some one of the Souldiers who marched under his colours had considered these things thus in his minde That not only the Heathens but likewise ALL
OTHERS are wont to applaud those even unto our Age who slew Tyrants heretofore as those who for the liberty of all feared not to undergoe the danger of death and likewise for the safety of their Citizens Kindred and friends with willing minds And verily hee CANNOT WELL BE REPREHENDED BY ANY MAN especially since hee should shew himselfe so valiane and stenuous FOR GOD AND that RELIGION which hee did approve c. However it is certaine that he was taken away by Gods divine judgement Nicepherus addes that his death was predicted by the Christians and that his death WAS ACCEPTABLE AND PLESANT TO ALL CHRISTIANS especially to those of Antioch WHO FOR THIS HIS MVRTHER INSTVTED A PVBLIKE TRIVMPH Wherein they also reproached Maximus the Philosopher singing thus Where are thy divinations O foolish Maximus A pregnant evidence that even the Primitive Christians on whose examples and practice our Antagonists so much depend though to no purpose as I have * elswhere manifested held it not only lawfull for them to resist but even in some cases to slay a persecuting Apostatized Tyrant bent so subvert Religion Lawes Liberties as may be further evidenced by Constantine the great his ayding the oppressed Christians and Romans against the Tyranny and Persecution of the Emperors Maxentius Maximinus and Licinius even with force of Armes with which he Conquered these Persecutors in sundry open battels fought against them at the Christians earnest importunity To descend to later Authoritities it is the received Doctrine of all Popish Schoolmen Doctors Lawyers That tyrannicall Princes who oppresse and invade their subjects persons liberties estates or religion may both lawfully with good conscience bee forcibly resisted by their Subjects and likewise by the major part of their People Nobles Parliament for preservation of the Republike and Religion bee justly deposed and put to death yea as some of them adde even murthered by private men though the generality of their Writers justly deny it Their St. Thomas of Aquin in his Book De Regimine Pricipum dedicated to the King of Cyprus cha 6. determines thus if it belong to the multitude to provide themselves of a King the King made by them may not unjustly be removed destroyed or his power restrained if he abuse the power of the Realme tyrannically Neither is such a multitude to bee esteemed TO DEALE DISLOYALLY IN DEPOSING A TYRANT ALTHOVGH THEY HAD PERPETUALLY SUBâ—ECTED THEMSELVS TO HIM BEFORE BECAUSE HIMSELFE HATH DESERVED IT in not carrying himselfe faithfully in the Government of the people as the Office of a King required because herein he kept not his Oath and Covenant with his subjects And he further affirmes 2 Distinct. Art 44. qu. 2. 2. 5m. 1. 2 ae Dist. 44. qu. 2. 2. 5m. 1. 2 ae qu. 79. 4. 3m. 22 ae qu. 12. art 2. qu. 42. 2. 3m. Opusc. 10. l. 4. co. 1. That in every Countrey Cities are governed politikely the power of Kings and Emperours being circumscribed by the Lawes and people That a Tyrannicall Prince if hee invade his Subjects may lawfully beresisted and laine even of private persons in their own necessary defence and in reference to the publike safety but much more by the Nobles and peoples generall consent And that the deposition or perturbation of the regiment of a Tyrant HATH NOT THE REASON or nature OF SEDITION unleâ—se it be done by private persons or so disorderly that a greater detriment should ensue BVT IT IS THE TYRANT RATHER WHO IS SEDITIOVS The same Doctrine is taught by Dominicus Seto de Iustitia l. 5. quaest 1. art 3. Ludovicus Molina Tom. 4. De Iustitia Inre Tract 3. disp 6. to 20. Dominicus Bannes 22. 2 ae quaest 64. Art 3. Dub. 2. Petrus de Aragon 2. 2 ae qu. 64. aâ—t 3 Explicatio art p. 248. Michael Bartholomaeus Salon de Iustitia Iure in 2. 2 ae Tom. 1. qu. 64. art 3. cont 1. pag. 385. Petrus de Lorca in 2. 2 ae D. Thomae quaest 40. art 3. sect 3. throughout specially Disput. 50. n. 2. Disp. 52. 53. Azorius Tom. 2. l. 21. disp 5. qu. 8. 5. Franciscus Victoria Relectio De Iure Bellâ— n. 9. 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos Disp. 5. Fran. Suarez in Defensione fidei l. 3. cha 3. l. 6. chap. 4. throughout specially num 5. 6. 13. 14. 15. 16. Ioan Gerson de Anferibilitate Papae where also he avers consid 6. that one who is truly Pope may lawfully bee bound imprisoned and put to death for his offences though the head of the Church as Papists hold as well as Kings the head of their Realmes Dionysius Cathusianus de Regim Polit. Artic. 19. Francisâ—us Tâ—llet in summa l. 5. c. 6. Leonardus Lessius de Iustit Iure c. 9. dub 4. Tannerus Tom. 3. disp 4. qu. 8. dub 3. Emanuel Sa. in Aphorism Verb. Tyrannus n. 2. Iohannis Mariana De Rege Regis Instit. l. 1. c. 5 6 7 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis de Cathol instit tit 23. â— 11. p. 98. tit 45. n. 25. p. 209. Gregorie de Valencia Tom 3â— p. 444. Cardinall Bellarmine de Pontif Rom. l. 5. c. 6. 7. 8. Tract de Potest Sum. Pontif. advers Gul. Barel p. 97. Iac. Gretzerus Pharetras Tortulliana Vespertilio Haeriticoâ—Politicus Ludovicus Richehom Expostulatio Aplogeticâ— pro Societate Iesiis Vincentius Filiucius Tra. 28. p. 2. dis 4. prae Dec. n. 12. Mart. Becanus Anglicanâ— de Potestate Regis Pontificis Caspar Schoppius Alexi Pharmacum Regium Collyrium Regium of Valentine Jacob. An. 15â—4 and Iohn Tanquerel Anno. 1561. whose opinions are recorded by Bochellus Decreta Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinall of Como his Letter from Rome 30. January 1584. to Doctor Parrey to murder Queen Elizabeth Franciscus de Verona Constant. in Apolog. pro Io Chastel p. 133. Bonarscius the Iesuite Amphith p. 101. Barclay l. 3. advers Monarch c. 8. l. 6. c. 23. 24. Serarius in c. 3. Iudicum Hieronymus Blanca Rerum Aragonens Commentarius passim Cajetan upon Aquinas his forecited Summes the Doctors of Salaâ—ancha in their Determination Anno 1602. recorded by G. Blackwell qu Bip. p. 56. and Doctor John White his Defence of the Way c. 6. p. 16. Governado Christiano p. 43. Antonius Massa Tract contra Duell n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr T. 2. 505. n. 1. 399. n. 6. Vasquius contro Illustr 16. n. 15. 19. 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisaeus de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gallia c. 6. 7. 10. 13. 15. 18. 19. c. To which I might adde our English Priests and Iesuites as Doctor Nicholas Saunders Visib Monarch p. 70. 71. Doctor Allen Parsons Creswell Philopater Rossaeus Doleman p. 32. to 74. sparsim with sundry others all
professedly a verring Aquinas his Doctrine and the premisses yea farre exceeding them in sundry particulars many or most of them attributing sufficient Authority and power to the Pope and Prelates alone without the Parliament Nobles Peers or Peoples assent to depose adjudge Haereticall or tyrannicall Kings to death and devote them to assassination which all Protestants unanimously disclaim But wee need not fish in these unwholesome Romish Streams of Tyber or make use of these Popish Champions whom I have onely named to stop the mouthes of all Papists Priests Iesuites who now much exclaim against the Parliaments present defensive Warre condemning all for Rebels and Traitors who assist the Parliament against their invading traitâ—rous Rebellious armed Forces both in Ireland and England they being in verity such themselves yea the originall contrivers fomenters the principall abettors of the present bloody destructive civill Wars in both our Realms And that which most confirms me in this beliefe is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here and his Iesuited Popish Confederates to undermine and extirpate the Protestant Religion to raise the Scottish and succeeding Irish and English Wars thereby to ingage the King to resort to them for assistance under pretence whereof to rise up in arms and work him to their own conditions or else to poyson him with a Indian poysoned Nut after the example of his Father and then seize upon the Prince and train him up in their Antichristian Religion as you may reade at large in Romes Masterpeece to which I shall referre you for fuller satisfaction from one of the chief Conspirators own Confession But passing by all these I shall proceed to Authorities of Lawyers and Divines professing the Protestant Religion Georgiâ—s Obrectus a publike Professor of Law and Advocate to the City of Strasburge in his Disputatio Juridica 1. De Principiis Belli layes down these severall Positions for Law Num. 125. to 139. That all the Inferiour Magistrates in the Empire or other Kingdoms collectively considered are above the Emperour and Kings themselves that if they be unjustly assaulted with unjust violence by any whomsoever they may by a necessary and just warre defend both themselves and theirs and repell and prosecute the unjust assailants That if the Superiour Magistrate neglect to do his duty as if the Turke should invade any Countrey and the Supreme Magistrate would not resist him the inferiour Magistrate may call the people to Arms raise an Army and exercise all forces policie and devices against the common enemy of Christians Or if the Supreme Magistrate should exercise manifest Tyrannie it is verily lawfull to the Inferiour to undertake the care of the Republike which he endeavours to oppresse with all his power That those who represent all the people as the Electors Palatines Nobles Parliament may admonish the Prince of his duty and ought to seek by all means to divert him from his Tyrannicall and impious purpose but if he proceeds and repenteth not being frequently admonished but wilfully subverts the Common-wealth obstinately perverts Laws hath no care of faith coâ—venants justice piety and tends onely to this that he may perpetrate any thing with impunity and impiously reign over mens consciences then verily he is accounted a Tyrant that is an enemy of God and man whence if he hath proceeded to that hight of malice that hee cannot bee expelled but by armed force It is Lawfull for the Electors Palatines and others to call the people to Arms and not onely to defend themselves and others against such a one but plainly to deject him from his Throne For the intire Government of the Realm is not committed by the people to the Prince alone as neither the Bishopprick of the whole Church to the Pope but to every one of the Nobles or Magistrates according to his power For the Nobles as they are called into part of the honour so of the burthen of the Commonwealth which is committed to the Prince as to the Supreme Tutor but to them as Fellow-tutors he having the first they the second place in governing the Republike The Prince swears that he will seek the good of the Realm and all the Nobles promise the same therefore if he doth ill they ought not to do so likewise if the Republike go to ruine they shall not continue For the Common-wealth is no lesse committed to them than to the King so as they ought not onely to do their duty but also to contain the Prince within the limits of his duty For if the Prince doth ought against his Oath they are not absolved from their Oaths but rather then especially ought to manifest their fidelity when the Republike requires it because they were specially instituted for that end as the Ephori and everything ought to be reputed just when it attains its end Hence Bâ—utus the Tribune and Lucretius the Governour of the City called the people to Armes against Tarquin the proud and by their authority expelled him the Ringdom So the Roman Senate judged Nero an enemy of the Republike and condemned him to the Gallowes punished Vitellius with death ignominiously mutilatâ—ed and dragged thorow the City and spoyled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publike Councell thorow the care of the Officers of the Realme deprived Childericke the first Sigebert Theodoric and Childericke the third of the government of the Realm Neither is it impertinent to pronounce the same sentence of such a one as was given of Manlius Capitulinus Thou wast Manlius whiles thou diddest cast down the Senons headlong Now because thou art become one of the Senons thou thy selfe art to be precipitated from whence thou diddest cast them down But if perchance most of the Nobles collude and connive and being unmindfull of their duty take no care of the people let there at least be one who may admonish and detest the invading Tyrant and take care that the Republike sustain no detrimenâ— For the care of the Republike is no lesse committed to him than to the Prince and his Collegues and he hath plighted his faith to the Republike no lesse than they If many have promised the same thing the obligation of the one is not taken away by the negligence or periury of the other If there be many Trustees Executors or Guardians the negligence default or fraud of some of them doth not discharge or disingage the rest yea unlesse they to their power discharge their trust and Oath they become perfidious yea guilty of the same crime and are subiect unto actions for their neglect as well as the others Therfore those who are bound to the whole Kingdom and Empire as the Peers of France the Electors or to some certain Countey or City which makes a part of the Realme as Dukes Marquesses Earles Constables Admirals and the like are obliged to ayde the whole Common-wealth or that part committed to them
secular standing by in great number called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all the premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Ioannes Meier junior Gasterveidensis Conradus a Leiborn Clerious Padebornensis diaecesis Henricus Sâ—alberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zusâ—ensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extiâ—pate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Iunius Brutus in his Vindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Iure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput. Iurid de Principiis Belli Num. 125. to 199. by Vasquius Contr. Illustr 36. n. 30. and elsewhere by Alhericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protect and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Iunius Brutus who thus states and debates the Question An Iure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionts causa afflictis aut manifesta tyâ—annide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as well of the Church as Common-wealth or Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seene Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a buildings Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof enâ—â—â—gers gers the whole Therefore he should be ridiculous who because he 〈◊〉 in the callaâ— perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shroâ—ds if the storme rage whence verily even in the common proverb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning to ssing is not of that body is
not accounted of the family of Christ hath no place in the Arke Yet he who is but a little moved ought no more to doubt whether he ought to aide the afflicted members of the Church then whether he may helpe himselfe since in the Church all are one but rather every one is bound in his place to afford his helpe and assistance to them and so much the more helpe by how much the more riches he hath received from God not so much to be possessed as expended This Church as it is but one so likewise it is universally and intirely committed commended to all Christian Princes severally For because it had beene dangerous to commit the whole Church to any one and to commit the severall parts thereof to particular persons had beene clearely contrary to its unity God hath committed all of it to every of them and its particular parts to any of them Nor yet so as that they should onely defend it but also that they should have a care to propagate it as much as they are able Therefore if the Prince of the Countrey takes care of one part thereof perchance the German or Englâ—sh but yet deserts and neglects the other oppressed part if he be able to relieve it he is judged to have deserted the Church since the spouse of Christ verily is but one which he ought to defend and protect with all his might lest it should be violated or corrupted any where The instauration of this universall Church as private men are bound to promote with bended knees so Magistrates I say are obliged to doe it with their feet hands and all their strength Neither is the Ephesian Church one the Colossian auother and the rest but all these particular Churches are parts of the universall now the universall is the Kingdome of Christ which all private men ought to desire but Kings Princes Magistrates are bound to amplifie dilate defend and propagate every where and against all whomsoever Therefore among the Jewes there was one onely Temple built by Solomon which represented the unity of the Church Now he should be a ridiculous Churchwarden and to be punished who should take care onely to preserve one part safe and sound but suffer the rest to fall to decay likewise all Christian Kings when they are inaugurated receive a sword of purpose to defend the Catholike or universall Church which taking into their hand they point out all the quarters of the world and brandish it towards the East West South and North lest any part thereof should be thought excepted Since then they receive the protection of the Church in this manner without doubt they understand the true not false Church Therefore they ought to doe their endeavour to defend and to restore intirely that Church which they professe to be true and pure Now that thus it was observed by pious Princes examples may teach us In the time of Hezekiah King of Iudah the Kingdome of Israel was long before enthralled to the King of Assyria to wit from the time of King Hoshea therefore if that Church of God onely which is in the Kingdome of Iudah and not also the universall had beene committed to Hezekiah and if the bounds of the Realmes had been to be kept in defending the Church in the same manner as they are in imposing tribute without doubt Hezekiah especially at that season wherein the Assyrians enjoyed the Empire of the world would have contained himselfe But we see that he invited by posts all Israel the subjects I say of the King of Assyria to celebrate the passeover in Ierusalem and moreover that the godly in Israel helped them in pulling downe the high places even in the territories of Ephraim Manasses and the rest So likewise we read that King Iosiah a most godly Prince purged not onely his owne Kingdome but the Realme of Israel likewise then wholly subject to the King of Assyria from the worship of Idols Verily where the glory of God where the Kingdome of Christ are in question no limits no bounds no railes ought to exclude or keepe off the zeale of pious Princes But if peradventure some greater feare hangs over their heads they may remember by the example of these that those who truly feare the Lord can feare no man These examples of pious Princes since the time that the Church which was first circumscribed in Palestina hath beene spread over all the world many Christian Princes have followed Constantine and Licinius were both Emperours he of the East this of the West they were likewise colleagues endued with equall power Now it is known what is commonly spoken That one equall hath no Empire over another equall Yet notwithstanding Constantine made warre with Licinius who being vexed slew the Christians and among them many of the Nobles either for the cause or for the pretext of Religion by force obtaines free profession of Religion for the Christians and finally breaking his faith and reverting to his pristine cruelty he commanded him to be put to death at Thessalonica This I say did Constantine the great whose piety is so much celebrated by the Divines of that age that some of them will have that spoken of him written in the Prophet Esay That Kings should become nursing fathers and Pastors of the Church He being dead the Roman Empire was divided between both his sonnes by equall right no prerogative being annexed to either of them Of them Constans fostered the Orthodox Constantius the elder the Arrians and he verily expelled Athanasius the enemy of the Arrians out of Alexandria Truly if any rules of bounds ought to have beene kept it ought to have beene betweene brethren Yet in the meane time Constans threatned his brother if he restored not Athanasius being ready to doe it by force unlesse Constantius had speedily restored him intirely Now if so be he doubted not to doe this onely for the restoring of one Bishop might he not much more justly doe it where some part of the people is oppressed when they implore assistance when they desire to defend their Religion by the Nobles approbation So likewise Theodosius by the perswasion of Bishop Atticus undertook a warre against Chosroes King of Persia that he might releeve the Christians persecuted for Religion sake although they were truly privat men which surely those most just Princes who enacted so many Lawes and who had so great a care of Law had never done if they had imagined that by this their Act others territories and the Lawes of Nations had beene violated Yea to what end were so many expeditions of Christian Princes into Syria against the Saracens to what end were those Saladinian Dismes so oft imposed to what end so many sociall warres against the Turkes so many Crossadoes indicted against them if it be not lawfull for any Christian Princes even the most remote to free the Church from Tyranny and Christian captives from the yoke of bondage Now with what arguments were they impelled
King Iohns life Bp. Bilsons true Diference c. part 3 p 409 to 526. Saxo grammatticus Hist. Daâ—iâ— l 11 p 189 190. Bp. Bridges his supremacy of Christian Princes p. 10â—4 Oratio pro Deiorato Rege p. 629. Iosephus Antiqu. Iudaeorum l 15 c â— Alexander ab Alexandro Gen. Dierum l. 3 c 5 f. â—â—6 Alexander ab Alexandro ibid. Straâ—o Geogr. l 8 p. 712 713. Grimstons Imperiall history p 389. Munsters Geogr. l. 2 6 76 p. 〈◊〉 Gen hist of France p. â—35 Matth. Par. Hist. Angl. p. 273 274 275. Gen. hist. of France p 119. Speed p. 653 654 Hect. Boetius l. 14. Walsing Holins Fabian Graâ—t and others Speed 1156. 1196. Cambd. Esiz. Holinsh. Stow Martin Buchanon Polit. l. 3. c. 10 p. 209. 210. and l. 5. c. 10. p. 367. Hist l 6. p. 621. c. Polit. l. 3. c. 10. 11. and l. 5. c. 10 11. Polit. l. 3. c. 7. 10 11 12. Polit. l. 3. c. 10 p. 19â— Polit. l. 3. c. 11. p. 217 218. Hist. l. 6 p. 521. Antiq. Rom. l. 2. sect 2. p. 133. Hist. l. 6. p. 525 526. Genial Dierum l. 4. c. 23. f. 238. l. 3. c. 3. f. 117. De Moribus Gentium See Xenophon Hist. Graec. l. 5. p. 504 de Laced repub p. 690. Pol. l. 3. c 11. Commonw l. 2. c. 5. p. 221. 222. Regi in exercitu nihilrestat negotii quà m ut rerum divinarum respectu sit Sacerdos humanarum vcro Imperator Xenophon Lacede Resp. 689. Plutar. Apotheg p. 468. Polit. l. 5. c. 11. p. 369. De Agesil Reg p. 651. Xeno de Lacedem Repub. p. 690. Alexan. ab Alex. l. 3. c. 5. f 126. Caelius Rhodig Antiq. Lect. l 7. c. 10. Alexan. ab Alex. l. 3. c. 5. f 126. Caelius Rhodig Antiq. Lect. l. 7. c. 10. Plutarch de virtutibus mulierum p 544 545. Alex. ab Alex l 3. c 3 f 117. Strabo Geog l. 17. p 689. Alâ—x ab Alex. l. 3. c. 3. Diodâ—rus Siculus Bibl. hist. l. 3. c 6. p. 140 141. Alex. ab Ale l. 3. c. 5 f 123. Diod. Sic. Bibl. hist. l. 3. p. 140. Strabo Geogr l 1â— p. 148 Alex. ab Alex. l. 3. c. 10. Munst. Cosmog l. 5. cap. 113. Boe. de moribus Gent. l. 2. c. 8. p. 102. Hist. Danicâ— l. 8. p. 140. Alex. ab Ale l. 4. c. 23 f 239. Alex. ab Ale l. 3 c. 11. Munst. Cos. l. 5. c. 137. p. 1248. Munst. Cos. l. 4. c. 53. p. 1089 Boe. de Morib Gentium l. 3. p 209 210. Alex ab Ale l. 4. c. 23. f. 239. Gen. Dier l. 4. c. 23. l. 3. c. 11. Geog. lib. De Meribus Gentium Ind. Hist. Pilgrimage and Voyages Merula Munst. Gotard Mercator Nov. Orbis Died. Sicul. Bibl. hist. l. 3. c. 5. p. 140. Boem de moribus Gent. l. 1. c. 4. p. 27. Fortes de Laud. Leg. Ang c. 12. Boem de mor. Gent. l. 3. c 12 p. 341. Bibl. Hist. l. 1 sect 10. p. 61 62 63. Boem De Mor. Gent. l. 1. c. 5. p. 37 38. Fortes c. 12. Memorabiâ—ium l. 4. p 813. De Laced Repu p. 690 691. Hist. l. 6. p. 118 to 126. Munst. Cosmog l. 6. c. 19. p. 1298 1299 Bodin Commonw l. â— c. 1. p. â—73 Apolog. adv Gentes See Livâ— Passim Annaliuml 1. Commonw l. 3. c. 1. p. 276. Hist. Rom. l. 31. 35. Commonw l. 3. c. 1. p. 261. Pars 5. consid 29 30 31. p. 243. c. Cassan. Ibid. Bodin Commonw l. 2. c. 10. 5. l. 1. c. 1. l. 3. c. 1. Commonw l. 2. c. 1. p. 222. Fabian pa. 5. 6. 155. par 6. p. 154. 160. 164. 243 244. par 7. p. 107 108. 280 282. Andrew Favins Theatre of Honor l. 2. c. 12. Munsteri Cosmog l. 2. c. 40. p. 139 140. Paulus Aemylius l. 1. Macutus Atlas p. 254 255. Bodin Commonw l. 3. c. 1. Paulus Amyl l. 1. Gaguinus and the generall History of France in his life Iean Crispin Lestate de Leglise 144. Fabian par 5. c. 75. p. 66. Munsters Cosmog l. 2. c. 41. 2. H. 5. f. 35. c. Hist. p. 685. 687 786. 787. c. Fabian pa. 5. c. 86. Gagui Emyl the Generall Hist. of France Crispin Munst. and others in his life Fabian pa. 5. c. 122. 126. Gaguyn Emyl the Gen. hist. of France Fabian part 5. c. 132. Gagâ—ianus Paulus Aemylius Crespin the generall Hist. of France Fabian part 5. c. 138 139 140. Gagâ—inus Aemylius Crespin the generall History of France in his life and the life of Childeriâ—us Fabian part 5. c. 144 145. Gaguinus Aemylius Crespin the generall Hist of France Fabian part 5. c. 150 153. generall Hist. of France Gaguinus Aemylius Crespin Turpin Chronicon Chronicarum Sabellicus Opmeaneus in the life of Childericke and Pipin Aventius Annal. Boyor l. 3. Anâ—onini Chron Tit. 14. nu 1. sect 2. Munst. Cosmog l. 2. c. 41. â—ish lewels Reply p. 341 342 343. Bishop Bilson of Christ. subiection c. par 3. p. 418 to 423. Blondus Decad. â— l. 10. Nauclerus vol. 3. gen 26. Regi no l. 2. An. 722. Papprius Masson An. in Child p. 83. Aynion Gest. Fr. p. 403. Annal. Boiorum l. 3. p. 299. Laâ—â—bards Archaion f. 130 Fox Acts Mon. vol 1. Edit ult p. 244. Antonini Chron. Tit. 14. 14. n. 1. sect 2. f. 102. Blondus Decad. 1. l. 10. Sabellicus Enead 8. l. 8. Gaguinus l. 3. in Car. Martel Nauclerus vol. 3 gen 26. Gratian. Caus. 15. qu. 6. Platina in Zach. 1. Frisin l. 5. c. 22. Fabian part 5 c. c. 132. p 141. Amonius degest Franc. p. 403. Hist. l. â— p. 521. Though that of Plinius secundus Panegyr Traiano dictus p. 8. be true Quod aequiore animo â—erunt homines quem Princeps parum faeliciter genuil quà m quem malè elegit Polit. l. 5â— c. 10. Chron. tit 14. c. 1. sect 2. f. 103. Of Christian subiection par 3. p. 420. Fab. par 6. â— 154. Gaguin the Gen. Hist. oâ— France Fab. par 6. c. 2â—4 Grimst â—mper Hist. p. 390 391. Gaguin The Gen. hist of France Turpin Antoninus Munst. Crespin Papyr Masson and others Fab. par 6. c. 175. Gaguin Gen. hist. of France Fab. par 6. c. 175. Gaguin Gen. hist. of France Herma-Schedel Crispin and others Fabian p. 6. c. â—82 183. 186 201. Gaguin Turpin General Hist. of France Fab. par 6. c. 201. 202. Gaguin Turpin Chron. Chron. Opmerus Crisp. Gen. hist. Fran. Fab pa. 7. c. 243 244. Gaguin the. Gen. hist. of France Turpin Theaâ— of honor l. 2. c. 12. Fab. pa. 7. An. 1259. p. 68. Fab. pa. 7. p. 102 103. c. Gaguin Fab. pa. 7. p. 187 188. the Gen. hist. of France Fab. pa. 7. p. 187 188. Gagu Gen. hist. of France Bodin Commonâ—cal l. 3. c. 1. p. 254. See the generall Hist. of France in his life Fabian part 7. p. 192. 193 263 274. Speeds Hist. p. 687 694 786 787 788. Halls Chron. 2. H. 5.
concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the king Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Asphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonorahis Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Housâ—s at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house heat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217 yet this his casuall death for ought I finde was neither râ—puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was procâ—aimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up tâ— her sonne Fernand About this time the Moorâ—s in Spain rejected the Miralumims of Aâ—rick and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues awarre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimoniall promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being some what pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Gâ—rone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into GaÌ„llicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into
Prince not so much as once dreamed off in this Text as Court Doctors grosly mistake aâ—d so miserably pervert this Scripture contrary to the sence and meaning translating it from kings to subjects from king rebellion against God to subjects rebellion against men is as the sin of Witchcraft and stubbornnesse is as iniquity and Idolatry BECAVSE thou hast rejected the Word of the Lord he hath also REIECTED THEE FROM BEING KING I will not return with thee for thou hast rejected the word of the Lord and the Lord HATH REIECTED THEE FROM BEING KING over Israel the Lord HATH RENT THE KINGDOM of Israel FROM THEE this day and hath given it to a neighbour of thine that is better then thou Also the strength of Israel will not lie nor repent for he is not as men that he should repent to wit of renting the kingdom from him though he repented that he had made Saul king over Israel because he turned back from following him and performed not his Commandments 1 Sam. 15. 11. 35. After which God said to Samuel How long wilt thou mourn for Saul seeing I have reiected him from Reigning over Israel Fill thine horn with Oyl and I will send thee to Iesse the Bethlemite for I have provided me a king among his sons whereupon he went and annoynted David who succeeded him in the kingdom Sauls posterity being utterly disinherited for his recited sins After this when God setled the kingdom upon David and his seed after him it was upon condition of obedience and threatning of corrections even by men if they transgressed The Lord telleth thee that he will make thee an house and when thy dayes be fulfilled and thou shalt steep with thy fathers then I will set up thy seed after thee which shall proceed out of thy bowels and I will establish the Throne of his kingdom for ever I will be his father and he shall be my son If he commit iniquity I will chastise him with the Rod of men and with the Stripes of the Children of Men that is I will not chasten him immediately by my self but by men my instruments even by Ieroboam and his own subjects the ten Tribes or other enemies whom I will raise up against him and his posteritie 1 Kings 11. 9 to 41. But my mercy shall not depart away from him as I took it from Saul whom I put away before thee And thine house and thy kingdom shall be established for ever before thee yet still upon condition of obedience as is most apparent by Davids speech to king Solomon 1 Chron. 28. 5 6 7 8 9. And the Lord hath chosen Solomon my son to set him upon the throne of the kingdom of the Lord over all Israel And he said to me c. Moreover I will establish his kingdom for ever If he continue constant to do my Commandments and my judgements as at this day Now therefore in the sight of all Israel the Congregation of the Lord and in the audience of our God keep and seek for all the Commandmens of the Lord your God that ye may possosse the good land and leave it for an inheritance for your Children after you for ever And thou Solomon my son know thou the Lord God of thy father and serve him with a perfect heart and with a willing minde for the Lord searcheth all hearts and understandeth all the imaginations of the thoughts If thou seek him he will be found of thee but if thou forsake him he will cast thee off for ever notwithstanding the former Covenant and establishment which was but conditionall not absolute as the renting of the ten Tribes from his son and the determining of the very kingdom of Iudah it self in Zedekiah after which it never returned any more to Davids Line infallibly evidence Hence we read in the 1 Kings 11. that Solomons idolatrous wives turning away his heart from following the Lord and drawing him to commit idolatry in his old age hereupon the Lord grew angry with Solomon Wherefore the Lord said unto him for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely rend the Kingdom from thee and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Howbeit I will not rend away all the kingdom but will give one Tribe to thy Sonne for my servant Davids sake and for Jerusalems sake which I have chosen In pursuance whereof the Prophet Ahijah rending Iâ—roboams garment into 12 peeces said to Ieroboam Take thee ten peeces for thus saith the Lord the God of Israel Behold I will rend the kingdom out of the hand of Solomon and will give tâ—n Tribes to thee BECAVSE THAT THEY HAVE FORSAKEN ME and have worshipped the Goddesse of the Zidonians c. AND HAVE NOT WALKED IN MY WAYES to doe that which is right in mine eyes to keep my Statuts and my judgements as did David his Father howbeit I will not take the whole Kingdome out of his hands but I will make him Prince all the dayes of his life for David my servants sake whom I chose because he kept my Commandements and my Statutes But I will take the Kingdome out of his sonnes hand and give it unto thee even ten tribes And unto his sonne will I give one tribe that David my servant may have a light alway before me in Ierusalem the City which I have chosen to put my name there And I will take thee and thou shalt reigne according to all that thy soule desireth and shalt be King over Israel But what without any limitation or condition at all think you No such matter And it shall be IF THOV WILT HEARKEN VNTO ALL THAT I COMMAND THEE and wilt walk in my wayes and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did that I will be with thee and build thee a sure house as I built for David and will give Israel to thee And I will for this afflict the seed of David but not for ever Loe here both Kingdomes of Iudah and Israel are given and entailed on David Solomon and Ieroboam onely upon condition of good behaviour which not performed they shall be rent from either And was this only a vain idle condition as some deem the Covenants and Coronation oathes of Kings to God and their Kingdoms Surely no for we read experimentall verifications of them in King Rehoboam Who answering all the people and Ieroboam when they came to Sechem to make him King roughly according to the Counsell of the young men and threatning to adde to their yoake instead of making it lighter and hearkning not unto the people FOR THE CAVSE WAS FROM THE LORD that he might perform his saying which he spake by Abijah the Shilomite unto Ieroboam the