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
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
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
dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltâ—ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What thâ— Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fuâ—ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoâ—ious to the changes of times but of those ingraven in the mindes of men
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
in Westminster Church comming to the High Altar before the Clergy and people tooke this solemne Oath upon the Holy Evangelists and many Saints reliques 1. That all the dayes of his life he would be are peace honour and reverence to God and holy Church and the ordinances thereof 2. That to the people committed to his charge he would exercise Right Iustice and Equity 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome and would enact good Lawes and thesame in good sort keepe and without Mal-engin Which Oath most solemnely taken Baldwin Arch-bishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that honour UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promising by Gods helpe to performe all the premises WITHOUT FRAUD With his owne hand humbly taking the Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head King Richard deceasing Iohn his younger Brother to put by Arthur the next heire to the Crowne came speedily out of Normandy into England where the great assembly at Northampton to preserve their Rights and Liberties were content to accept of him for their King to yeeld fealty and keepe faith and Peace to King Iohn upon condition onely if he would restore to every of them their Rights which he afterwards violating it was the occasion of great dissentions Comming to London to be Crowned Hubert Archbishop of Canterbury the Pillar of the Common-wealths stability and incomparable for deepe reaching wisedome steps forth in the midst of all the Bishops Lords Barons and others there assembled at his Coronation and spake thus unto them Heare yee all you are in discretion to know that no man hath right or any other fore-title to succeed another in a kingdome unlesse first with invocation for grace and guidance of Gods Spirit he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN and be indeed some choyce man and picked out for some eminency of his vertues according to the example and similitude of Saul the first anointed King whom God set over his people though neither the Sonne of a King nor of any royall descent So after him likewise David the son of Iesse the one for being valorous and a person fitting Royall dignity the other for being holy and humble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surmount all in Rule and Authority yet so as that if any of the Of-spring of a deceased King surpasseth others it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent Earle John who is present the Brother of our most illustrious King Richard now deceased wanting an heire of his body whom being provident valiant and truely noble we having invocated the grace of the holy Spirit have all unanimously ELECTED as well in regard of his Merits as of his royall Blood Neither durst any doubt or demurre on these things knowing that the Arch-bishop had not thus defined without cause Wherefore Earle Iohn and all men approving this speech they ELECTED and ASSUMED the Earle for their King and cryed out saying Let the King live But the Arch-bishop being afterwards demanded why he had spoken these things answered That he was assured by some divining foresight that King John would worke the ruine of the kingdome corrupt the Crowne and precipitate it into great confusion And that he might not have the reines free to doe this he OUGHT TO BE CHOSEN BY ELECTION NOT BY SUCCESSION King Iohn at this his Coronation was involved in a threefold Oath namely That hee should love holy Church and its Ministers and preserve it harmelesse from the incursion of Malignants That abolishing perverse Lawes he should substitute good ones and exercise Right judgement in the kingdome of England After which he was adjured by the Arch-bishop in the behalfe of God and strictly prohibited not to presume to accept this honour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answering promised that by Gods assistance he would bona fide keepe those things which he had sworne After which he rightly setled the affaires of England by the counsell of his Nobles and then passed over into Normandy But how ill he kept this his Oath with others of this nature and how he violated the Statutes of Magna Charta and De Foresta which he had confirmed with his hand seale Oath Proclamations the Bishops Excommunications yea the Popes Bull within three moneths after he had confirmed them and procured a dispensation of his Oath an abrogation of these Lawes from the Pope making bloody warres upon his Barons and Subjects who confiding to those confirmations and royal promises expected no such strange performances spoyling robbing destroying his people every where in the selfe-same manner as we now are plundered the Histories of his life too manifestly relate which oft put his Crown in danger of utter losse Lewis of France being Crowned King by the Barons in his stead who renounced their allegiance to him for his perjuries and breach of faith and making warre upon them Iohn departing this life his son Henry being but 9. yeares old was proclaimed King through the perswasion of the Earle Marshall and of Pembroke afterwards made his Protector who informed the Lords and Commons that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne yet his young child tender in yeares was pure and innocent from his Fathers doings Wherefore sith every man is to be charged with the burthen of his owne transgressions neither shall the childe as Scriptures teach beare the iniquity of his Fathers they ought of duty and conscience to beare themselves mildly towards this tender Prince and take compassion of his age And for as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt assistance APPOINT HIM our King and Governour let us reneunce from us Lewys the French Kings Sonne and suppresse his people which are a confusion and shame to our Nation and the yokes of their Servitude let us cast from our shoulders Upon which perswasionâ— Henry was presently proclaimed and Crowned King at Glocester And though he were but an infant yet being set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to holy Church and Priests all the dayes of his life He likewise swore that he would maintaine right justice among the People committed to his charge And that he would blot out ill Lawes and unjust customes if there should be any in the kingdome and observe good ones and cause them to be kept by all men
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even bâ—yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Libâ—rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hothâ—m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or â—ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12â—4 upon thâ— confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly
sweare to observe before they are crowned the words of which law are these The King shall take heed that he neither undertake warre nor conclude peace nor make truce nor handle any thing of great moment but by the advise and consent of the Elders to wit the Iustitia Arragoniae the standing Parliament of that kingdome which hath power over and above the King And of later dayes as the same Author writes their Rici-homines or selected Peeres appointed by that kingdome not the King have all the charges and offices both of warre and peace lying on their neckes and the command of the Militia of the kingdome which they have power by their Lawes to raise even against their King himselfe in case he invade their Lawes or Liberties as he there manifests at large So in Hungary the great Palatine of Hungary the greatest officer of that kingdome and the Kings Lieutenant Generall who commands the Militia of that Realme is chosen by the Parliament and Estates of that country not the King It was provided by the Lawes of the Aetolians that nothing should be entreated of CONCERNING PEACE OR WARRE but in their Panaetolio or great generall Councell of state in which all Ambassadors were heard and answered as they were likewise in the Roman Senate And Charles the fifth of France having a purpose to drive all the Englishmen out of France and Aquitain assembled a generall assembly of the estates in a Parliament at Paris by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein which warre being in and by that Councell decreed prospered in his hand and tooke good successe as Bodin notes because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale then to have them passe and ratified by publike advise and consent Yea the great Constable of France who hath the government of the Kings Sword the Army and Militia of France was anciently chosen by the great Councell of the three Estates Parliament of that kingdome as is manifest by their election of Arthur Duke of Britaine to that office Anno 1324. before which Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man to be the grand Seneschall of France ad consulendum regno desolato multum desperato quia strenuus fuit fidelis which office he refused lest he should seeme a Traytour to Henry the third of England under whom he had beene governour of Gascoigne which place he gave over for want of pay In briefe the late examples of the Protestant Princes in Germany France Bohemia the Low countries and of our brethren in Scotland within foure yeares last who seised all the Kings Forts Ports Armes Ammunition Revenues in Scotland and some Townes in England to preserve their Lawes Liberties Religion Estates and Country from destruction by common consent without any Ordinance of both Houses in their Parliament will both excuse and justifie all the Acts of this nature done by expresse Ordinances of this Parliament which being the Soveraigne highest power in the Realme intrusted with the kingdomes safety may put the Ports Forts Navy Ammunition which the King himselfe cannot manage in person but by substitutes into such under Officers hands as shall both preserve and rightly imploy them for the King and kingdomes safety and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws which our Kings at their Coronations were still sworne to maintaine wherewith I shall in a manner conclude the Legall part of the Subjects right to elect the Commanders of the Militia both by Sea and Land Erant aliae potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutea qui Heretochii apud Anglos vocabantur Scilicet Barones Nobiles insignes sapientes fideles animosi Latine vero dicebantur Ductores exercitus apud Gallos Capitales Constabularii vel Marâ—schaâ—li Exercitus Illi vero ordinabant acies densissimas in praeliis aâ—as constituebant prout decuit prout iis melius visum fuit ad Honorem Coronae ET AD UTILITATEM REGNI Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI PER PROVINCIAS ET PATRIAS UNIVERSAS ET PER SINGULOS COMITATUS so as the King had the choyce of them in no Province or Countrey but the Parliament and people onely in pleno Folcmote SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui juxta praeceptum Domini Regis ad honorem Coronae UTILITATEM REGNI praedicti semper cum opus adfuerit in Regno Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI VEL TERRESTRI by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land and might execute Martiall Law in times of war perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae habeant Haeredes ejus pecuniam terramejus sine aliqua diminutione recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia enough to satisfie all men To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his Glossarium Title Dux and Heretochius where he cites this Law of King Edward That the Heretoch was Magister Militiae Constabularius Mariscallus DVCTOR EXERCITVS SIVE NAVALIS SIVE TERRESTRIS called in Saxon Heretoga ab Here Exercitus Togen Ducere Eligebantur in pleno Folcmote hoc est non in illo sub initio eaâ—endarum Maii at in alio sub capite Calendarum Octobris Aderant tune ipsi Heretochii QUAE VOLUERE IMPERABANT EXEQUENDA consvlto tamen PROCERUM COETU ET JUDICIO TOTIUS FOLCMOTI APPROBANTE Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO nostris Saxonibus cum Germanis aliis COMMUNIS FUIT Vt in Boiorum ll videas Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum quent Rex ordinavit in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM de morte Ducis consiliatus fuerit in Ducis sit potestate c. Hue videtur pertinere quod apud Greg. Turon legas l. 8. Sect. 18. Wintro Dux à Pagensibus
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-endâ— 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 Priviâ— 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 yeâ—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 â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—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 jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—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
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
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.
dispositio râ—rum a Domino sit collata potestas And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy with liberty Vt quid ad noâ—se extendit Romanorum insatiata cupiditas Quid Episcopis Apostolicis Militiae nostrae Ecce successores Constantini non Petri non imitantur Petrum in meriâ—is vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribaldi qui de armis vel liâ—eralitate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarij Simoniales O quantum dissimuâ—es Petro qui sibi Petri usurpant partem c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes and the warre insuing it being but for their owne just defence when the King afterwards with fire sword and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane tyrannicall maner Factus de Rege Tyâ—annus imo in bestialem prorumpens feritatem c. which necessitated the Barons for their own preservation and the Kingdoms devoted by this unnaturall Prince to Vassallage and utter desolation to elect Lewâ—s of France for their King Who together with the Peeres and Estates of France assembled at Lions concerning this Election resolved it to be just and lawfull and the Barons Defensive Warres against and rejection of King Iohn for his Tyranny and oppressions to be just and honourable since they did but flee to these extraordinary remedies and seeke for justice abroad when they were denied it by him that should give it them in as orâ—inary way at home chosing as King in place of a Tyrant as Matthew Paris with the generall History of France written by Iohn de Serres and Englished by Edward Grimston mâ—re largely manifest Secondly the Lawfulnesse and justnesse of the Bâ—rons Warres in Defence of Magna Chartâ— with other their Hereditary Rights and Liberties appeares most evidently by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 â— 2. 3. Richard the 2 d and other our succeeding Kings which have many times even by force of Armes or Menaces and sometimes by faire termes caused these Kings by new Acts of Parliament of ratifie Magna Charta the Chartâ—r of the Forest with other Fundamentall Liberties thus forcibly extorted from King Iâ—hn at first and constrained them to confirme hem with their Oathes and solâ—mne publicke Excommunications to be published by the Bishops in their Diocesse twice every yeare oft solemnly vowing and protesting both in and out of Parliament to defend these Lawes and Liberties with their estates armes lives blood which their ancâ—stâ—rs had purchased with their blood as I have manifested in the two first parts of this Discourse All which they would no doubt have forborne had they deemed it high Treason or Rebellion in point of Law to take up armes against their Kings in defence oâ— these Lawes and Privileges neither would our Kings and Parliaments in times of Peace have so frequently confirmed these Lawes and Immunities as just and necessary for the peoples welfare had they reputed their former purchases and confirmations by warre and armes no lesse then Treason or Rebellion And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured and ratified Magna Charta to take up armes in defence thereof much lesse can it be Treason or Rebellion in the Parliament and Subjects now by Votes by Ordinances of both Houses with force of armes to preservâ— not only these their hereditarie Charters Lawes Priviledges but their very Lives Estates yea the Privileges and being of Parliaments themselves which are now invaded endangered What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3d. his Raigne against this troublesome perfidious King in defence of their Lawes Liberties Estates appeares first by the Dialogue betweene Agnellus a Frier minorite one of King Henry his Counsell purposely sent to the Earle Marshall then in armes against the King and this Martiall Earle in the Abbey of Morgan Anno 1233. I will first relate the true state of that Warre and then their Dialogue concerning it King Henry by the ill counsell of Peter Bishop of Winchester removed all his English Officers Counsellors and Servants from his Court and put Poictovines and Forraigners in their places being ruled wholly by them withall he puts the English Garisons out of all his Castles and substitutes Forraigners in them which dayly arived both with Horse and armes in great multitudes and much opprested the people calling them Traitors so that the power and wealth of the Realme was wholly under their Command The Earle Marshall seeing the Noble and Ignoble thus oppressed and the rights of the Kingdome like utterly to be lost provoked with a zeale of Iustice associating to himselfe other Noble men goes boldly to the King reproves him in the hearing of many For calling in those Poictovines by evill Counsell to the oppression of the Kingdome and of his naturall Subjects and like wise of Lawes and Liberâ—ies Humbly beseeching him hastily to correct these excesses which threatned the imminent subversion both of His Crowne and Kingdome which if he refused to doe he and the other Nobles of the Realme would withdraw themselves from his Counsell as long as he harboured those Strangeâ—s To which Peter of Winchester replyed That the King might lawfully call in what strangers he would for the Defence of his Kingdome and Crowne and likewise so many and such as might compell his proud and rebellious Subjects to due Obedience Whereupon the Earle Marshall and other Nobles departing discontented from the Court when they could get no other answer promised firmely one to another That for this cause which concerned them all they would manfully fight evâ—n to the separation of Soule and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him with his wicked Counsellours out of the Realm and consult of chusing them a new King After these and some other like passage the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops hâ— would amend â—all thing amisse in his Kingdome for performance of
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
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laoâ— he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to governe the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English â—uâ— of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Wheâ—eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Coâ—ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Male leavâ—ng his Wife great with Childe Philip Earle of Valoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigâ—â— had by authority of the three estates of his Realme assembled in â—arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme agaâ—nâ—t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme
who after examination appointed six of themselves to acquaint the Duke That the Realme before time had beene misguided by ill Officers and except remedy for it were shortly found it should stand in perill to be lost wherefore they besought him to discharge all such as they would name unto him and over that to forfeit their Goods to the Kings use And first they name Peter Archbishop of Roaâ— Chancellor of France Sir Simond de Bury chiefe Counsellor of the King and Parliament too Sir Robert de Lorize before time Chamberlaine to the King Sir Nicholas Brake Master of the kings Palaces Engueram Burgesse of Paris under Treasurer of France Iohn Pryll Soveraigne of the money Kings accounts and Iohn Channeon Treasurer of the Kings wars All which Officers they would should be discharged all royall Offices for ever Also they would that the King of Naverne then imprisoned by the King of France should be set free and that Duke Charles himselfe would be contented to be advised and counselled by such as they should appoint unto him namely by foure Prelates twelve Knights and twelve Burgesses which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the Realme to set in and put out all Officers appertaining to the Realme with divers other requests which unto the Duke were nothing agreeable Vpon which requests the Duke gave answere That he would counsult with his Councell and thereupon would shape unto them some reasonable answere But first he desired to know what aide the three Estates would give unto him for delivery of his Father Whereunto was answered that the Clergie had given a disme and a halfe to be paid in a yeare with that that they may have license of the Pope and the Lords as much to be levied of their lands and the Commons the tenth penny of their moveable goods The morrow following the Duke and his Councell met and after many Messages betweene them and the three Estates offers to reforme some part of the Articles But the Estates firmely answered That unlesse he would reforme all the said faults and confirme the said Articles to their minde for the Common-wealth of all the Land they should not aide him with their Goods like as they shewed him The Duke hereupon secretly acquainted King John of these proceedings who wrote to him againe that in no wise he should agree to the said requests and to the end that these matters should not be touched in open Parliament he deferred the debate of them from day to day and at last by advice of his Councell disâ—olved the Parliament of the three Estates and commanded every man to returne home without any effect of their long counsell Wherewith many of the said persons were grievously miscontent saying among themselves that they perceived well this was done by the Duke to the intent the requests by them devised should not take place but that the old misgovernance might continue like as before times it had done Wherfore divers of them assembled againe at the Gray Fryers and there made out divers Copies of the said requests to bear them into their Countries and shew them unto the good Townes And albeit the Duke after this Councell thus disolved asked ayde of the Citie of Paris and other good Townes to maintaine his wars he was plainly answered That they might not ayde him unlesse the three Estates were againe reassembled and that the grant of the ayde might passe by their authority Whereunto the Duke in no wise would agree In the mean time the 3 Estates of Languedock assembled in their Province by the Earle of Armenake the Kings Lieutenant to make ayde for the Kings deliverance agreed to purvey at their proper costs 500 men at Armes with a furniture to every speare and a 1000 souldiers on horsbacke 1000 Arbalestres and 2000 others called Gunsiers all which to be waged for a whole yeare and farther ordained that no man should weare any furres of great price that women should leave the rich attire off their heads and weare neither pearle nor gold upon them nor silver in their girdles and that all manner of Minstrelsie should be put to silence so long as the King remained prisoner The Duke and his Counsell after this proclaimed at Paris certaine coynes and values of money newly ordained by them with which Proclamation the Commons of the City were grievously moved And for reformation the Provost of the Merchants with others rode to the Earle of Angeou the Dukes Brother and Lieutenant who was then absent at Meaux requesting him to cease the use of that money And if not they would use such meanes that it should not be suffered to be put forth nor taken within the City Whereupon after long debate it was agreed that the money should be stopped till the Dukes pleasure was knowne Vpon whose returne the Dukes counsell sent for the Provost and desired him to suffer the said money to run and be currant throughout the said City Which the Provost with his company utterly denyed and after many great and bold words departed from the Counsell in great ire and after their returne unto the City incensed so the Commonalty that they set apart all workmanship and Occupation shutting in their Shops and drew unto their Armour and Harnes The Duke informed of this murmure of the Commonalty of the City straitly commanded the Provost that the Kings peace were kept within the City and that he with certaine Citizens should appeare at the Palace before him and his Counsell the next day at an houre assigned at which time the Provost with his company came and were conveyed into the Parliament Chamber where the Duke and his Counsell were present Then the Duke after certaine Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City said That albert the King by his Prerogative might at his pleasure and for his advantage make his monies when he would and so to suffer them to be currant thorow his Realme yet for the weale and ease of his Subjects considering their manifold and late charges he was content that at this season this new money should be spared and that the 3. estates should be againe assembled and that they should deprive all such persons then bearing Offices as they should thinke prejudiciall to the Realme and over that to ordaine such Money as might be beneficiall for the Land Of all which Grants the Provost to the intent that he might of authority shew them unto the Commonâ—lty of the Citie deâ—â—ed a writing The which the Duke to appease the people though it were much contrary to his minde and his pleasure granted unto his request The thirtieth day of Ianuary ensuing the Duke at the request of the said Provost sent certaine Officers to the houses of Simon de Burg and others accused of misgoverning of the Realme whose houses the said Officers seized and made Inventories of their goods That done
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
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
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
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
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
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
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
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
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