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state_n	principal_a	sir_n	thomas_n	1,681	5	9.0165	5	true

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

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 An● 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 d●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

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 sha●● 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

of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons adm●tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other App●rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation a● that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my ki●●e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke e●e he were therein set And when the King

were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-end● then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Privi● Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a ye●re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica ●●ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haer●ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hun●ary not the King And in this manner Bethrius was elected Palatine in a full ass●mbly of the States Senatus Nobili●ti●sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your j●dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unap●n●sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment

and upwards and to make them ready by the same day and to defray the charges of them as farre as was requisite and for the residue the Kings Counsell were to send them a summe of money for their aide but not as wages but of speciall grace and a Clerke was ordained to survey the charges of the Mariners of the West and of the Cinque-ports Num. 23. All the ships of Portsmouth and the West were to meet at Dartmouth at the day assigNed and the Earle of Arundell was assigned their Admirall And the ships of the Cinque-ports and the River of Thames were to meete assemble at Winchelse and the Earle of Huntindon appointed their Admirall and that all these ships should be ready by the middle of Lent Num. 19. The Admiralls of all parts were commanded to arrest all other ships that might passe the Seas for feare of being surprised by the enemies that 200. men s●ould man those to whom the smaller ships belonged to bring them into such havens where they might be safest from the Enemies Num. 15. Writs were directed to all Sheriffes of England to make Proclamation that all those who had Charters of pardon should repaire towards the Sea in the service of the King and at his wages by the middle of Lent upon paine of losing their Charters and being put to answer the things contained in them in case they should not goe Num. 16. It was accorded and assented in Parliament that Master Richard Talbot ordained to guard the Towne of Southampton which he had undertaken to doe should have a company of men at Armes and Archers at the Kings wages which he might increase if there were cause that he and they should have their wages paid them monethly from the second Sunday in Lent and so forwards whiles they continued in that Service that he should receive 200. pounds in money and 200. markes in Wooll in respect of his said service and to defray his ancient debts And he had power given him to assesse and levy monies upon the said Town towards its defence and if the Towne were not able to defray all the charge the King should ayde them for the residue Num. 18. The Bishop of Winchester the Prior of St. Swithin of Winchester and the Abbot of Winchester were commanded to have the people of their Manners next the Towne of Southhampton well a●med and arrayed that they might be ready to their power to defend the said town upon summons of the Guardians thereof that no perill might happen thereunto Num. 19. That two Pinaces one of Melbroke and the other belonging to Roger Norman● should be assigned to remaine in the port of Southampton at the appoi●tment of the said Mr. Richard for the safety the●eof Num. 20. All the Burgesses and Sea-men of the Town which had departed thence were ordered to goe and abide therein 〈◊〉 the defence thereof and of their owne possessions and in case they refu●ed that their Lands and Possessions should be seized into the Kings hands and the profits of their Lands which should be found elsewhere Num. 21. That a Commission should be made to Stephen Butterly and William Weston Serjeants at Armes to take Timber Bords and other things necessary for the safety of the said Towne at certaine prises upon endenture made between them and the owners of the said goods and that the King should pay or give them other satisfaction Num. 22. 23. That all the Armes Engines Ammunition Iron and Lead in the said Towne should be delivered to the Gardian of it by Indenture who should have the same power in all things within that Towne as the Earle of Warwicke had when he was Governour Num. 24. That the Sheriffe should have a Writ of attendance to be attendant on the said Mr. Richard with Victuals and all other things necessary for the safegard of the said Towne Num. 25. 26. 27. Certaine Merchants are appointed and take upon them to the Parliament to buy great proportions of Corne Peas Oates Hay and other provi●ions the quantities whereof are particularly expressed at certaine rates to victuall Barwicke the Castles of Edenburg and Strivelyn which Castles Mr. Thomas Rokeby Guardian thereof promised to keep till Saint Iohns day then next to come upon condition to receive his wages formerly due out of the first moneys granted to the King in this Parliament by a certaine day provided they shall carry no victuals to the enemies of the King and Realme and that they should be payd out of the first moneys arising out of the ayde granted to the King Num. 28. 29. The inhabitants of the ●sle of Wight were respited of the ayd granted to the King according as their good carriage should be during the war and it was agreed in Parliament that no Commandement nor Ordnance or license granted under the great or privy Seale to any of the said inhabitants bound to defend the said Isle should licence any to absent himself from it during the war unlesse it were for feare of disinheriting or other great necessity with which the Councell should be acquainted or upon in quests Num. 30. 31. Provides that the Castle of Caresbr●● in the I le of Weight should be furnished with a certa●ne proportion of Wine Corn Peas O●ts Hey Coles Iron Salt and that a Commission should be granted to Robert Vandalym Sheriffe of Southampton and to William of Kekenwich joyntly and severally to purvey and deliver the same provisions over by Indenture to the Constable of that Castle and a Writ directed to the Kings Botteller to deliver the Wines assigned to wit ten Tonne out of the Wines then in or which should first come into his hands Num. 32. Mr. Thomas Ferrers undertakes to the Parliament to send without delay a sufficient man to the Castle of Iernsey to survey she defaults and state of the said Castle to certifie the Councell fully of them and in the meane time to finde the wages of those remaining there in garrison to the summe of an hundred pounds and a Writ is directed to the Sheriffe of Southampton to furnish the said Thomas with a convenient quantity of Powder and Iron and other necessaries for the defence of that Castle And because Thomas Peyne one of the Jurates of that Isle was gone to the enemies contrary to a defence made that a Writ should issue to the Bayliffs and Jurates of the same Isle to choose another sufficient man in his place and to seize his Lands goods and Chattels into the Kings hands and answer the meesne profits of them Num. 34. dorso There is an exact Array or List of all the Captaines and men at Armes and archers under their severall commands for defence of the borders of Scotland amounting in all to 4715. Num. 35. Those of the Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth

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 BELONGING● 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 N●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 Sen●te people were the highest powers to whō the Roman Emperours themselves were to be obedient in all iust requests commands under paine of damnation and subiect to the Senates sword of ●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 thē 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 gross●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 ●●ings for murthers rapes and great crying offence● 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 I●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 De●oratus Antigonus King of the Iewes being taken prisoner by Antonius for