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 OF   THE 
 
 heological    Seminary, 
 
 PRINCETON,    N.  J. 
 aS€> DiTision                   ! 
 
 **, ^^"-Seetion i 
 
 ooU,      %UQS>n» 
 
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 COLLECTION  OF  PURITAN  AND 
 ENGLISH  THEOLOGICAL  LITERATURE 
 
 LIBRARY  OF  THE  THEOLOGICAL  SEMINARY 
 PRINCETON,  NEW  JERSEY 
 
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 high  Court  of  Parliament  proved  by  prcgnanr  Rcafons.  and  Amhorirjcs,  To!-  tht  moR  *!? 
 
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To  the  Reader. 
 
 HE  importunity  of  Come  Members  of  Parliament,  bath  indu- 
 ced me  to  enlarge  thejirft  Part  of  this  Difcourfc,  with  fundry  per- 
 tinent Additions,  andto  Re-print  it  in  a  greater  Character, 
 then  before  3  yet  diflinftfrom  the  full }  owing  part,  for  tlx  eafe,  the  be- 
 nefit both  of  Stationer  and  Buyer.    When  I  firft  entred upon  this 
 neceffary  publike  Theame,   my  Primitive  Intention  wa<,  to 
 haze  Colletledtbe  chiefe  Heads,  Reafons,  Authorities  of  this 
 and  the  enfuing  Members,  into  me  compendious  Sutnmulaiy 
 andfotopublifhthem  all  together  in  an  intire  Briefe  :  But  after- 
 wards    confidering    the   extraordinary    weight    and  confequence    of   that  Grand 
 common  Caufe,  both  of  Parliament  and  Kingdome,»^ic/?  I was  to  plead •  the  No- 
 velty W  Rarity  of  the  Subject  matter  •  the  extraordinary  Prejudice  of  the  ignorant 
 long-deluded  world  again fl  ith  the  Potency ,  Policy,  Multitude  of/earned  Advocates 
 (<*  well  Divines  at  Lawyers)  of  the  oppofite  Royall,*?^  Malignant  party;  the 
 infuftkiency  ^Wunfatisfafrorinefle  of  all  late  Printed  Pleas  for  the  Parliaments  In- 
 terebfbrougb defect  of  pun&uall  Precedents,  and  Authorities  to  bacJ^e  their  rationall 
 Difcourfes;  andthata  Summary  flight  debate  of  f/j^/e  important  publicke differen- 
 ces, would  give  but  fmall  iatisfa&ion  to  the  Adveriary,  and  rather  prejudice  than  ad- 
 vance the  Parliaments,  Kingdomes  Native  Rights  and  Priviledges :   I  did  thereupon 
 enlarge  my  Meditations,  my  Collections,  fo  farre  forth,    as  rtraites  of  Time,  witbo- 
 ther  avocatingImployments,n?<?///^/>erjwif,  feconding  all  my  Arguments,  fortify )ing  all 
 my  Reafons,  with  fu;b  Domeftkke,  Foraine  Precedents,  and  Authorities  of  all  forts 
 as  well  Divine,  **  Humane,  Politically  Hiitoricall,  ^  LegalJ ;  as  through  Gods  concur- 
 rence  with,  <WblefTing  on  my  impotent  endevours^m^;  effetluaUy  convince  the  obflinate 
 wils,  abundantly  fatisfie/6e  moft  fedxeed,  prejudicated  judgement,  finally  rtfolve  the 
 moft  fcrupulous  Conferences,  and  eternally  iilence  the  ignorant,  the  moft  malicious 
 Tongues  WPennes  efaU  Royallifts,  &c.  Anti-parliamentary  Malignants,n»/^  are 
 not  wilfully  wedded  ftf/^c/rlong-efpoufed  Errors  .  or  more  enamored  with  fordid  Court 
 flattery /cJrprr^/t'felfe-ends,  tlien  fair  eft  (  though  hated,  ungainfull)verity3  which 
 aimer  at  nothing  but  the  Publicly  good. 
 
 Formypartj  I  ferioufly  proteft  before  the  great  Judge  of  Heaven  and  I.arth,that 
 J  have  herein  wittingly  maintained  nothing  at  all,  but  what  my  judgement  and  Confcience 
 both  (by  a  (fed  with  no  linirter  ends,  no  private  refpe&s,  ayming  at  nought  elfe  but  the  Glo- 
 ry of  God,  the  fettled  weale,  and  Tranquillity,  of  onr  diitra&ed,  bleeding,  dying 
 Church,  and  State,  the  oncly  Motives,  engagitigme  in  this Service)  in  for  me  me,  to  be  a 
 Well-grounded,  ancient,  pregnant,  (though  lately  over-cUuded,  undifeovered,?:egUclcd 
 muely-oppugr.etT)  Truth:  and  albeit  moft  particulars therein  debated,  have  for  man  yeares 
 hitherto  betnedepofed  (that  I  fay  not  ftigmatized)  for  feditious,  dangerous  Antimo- 
 narchicall  Paradoses,  if  not  worfejay  tbegcnerall  Torrent  of  Court-  Pa  rafites,Lawyers, 
 
 A  2  ,  aU 
 
v     • 
 
 „"  „    .  ■     -  i—iiilin    ■  ■    ■uininil 
 
 To  the  Reader. 
 
 Religion,  Nature,  Law,  Policy,  the  virion*  Precedents,  W  Authorities  of firmer  ages, 
 and  throughly  digeftcd  without  prejudice  or  partiality  ;  they  will  appears,  yea,  pine  firth  m 
 moft  necerfcy,profitable,loyall,Statc-fecuring,  Peacc-proctiring  verities;jw,  or  theve- 
 ry  Nerves  andfmewesto  unite  ;  the  Pillars  ^fupport;  the  Buhvarkes  to  protect  both 
 Church  and,St2te,againft  all  invaftons^of  here  lie ,  or  tyranny  ;   and  to  keepe  all  the  Potcm 
 Members  of  them  within  their  Legall  bounds.     Pcrttfe  it  therefore  with  an  upright  heai 
 a  dif-ingaged    Judgement,  an  unbiafled  affeftion  ;  and wh nth >ou haft  thus  done, 
 nought  but  naked  Truth  refolve  thy  Confcience,^  regulate  all  thy  future  Attior 
 fervices  both  towards  thy  God,  King, Country ,in  fitch  fort  5  That  *  glory  may  dwell . 
 *Pf  ]  8<  8  o    olu' laud;  that  mercy  and  truth  may  meet  together-  righteoufneffe  and  peace  ma 
 IO  '   kiflc  each  other,  once  more  in  our  Nation  ;  and  God  may  now  at  laft  fpeake  peace  unto  hil 
 
 people  and  to  his  Saints:  So  Truth  {hall  fpringout  or  the  Eaith,and  RighteoufnelTc 
 fliaH  looke  downefrom  Heaven:  Yea,  the  Lord  (hall  give  that  which  is  good ;  and 
 our  Land  fhalyeeld  her  increafc;    Righteoufhefle  dull  goe  before  him,    and  {hall 
 fet  us  in  the  way  of  his  fteps.   *  And  the  worke  of  Righteoufneffe  (hall  be  Peace;  and 
 *Ifa -,ll7  18  the  eifed  of  righteoufneffe, quictneffeand  aflurance  for  ever.    And  we  Qbe'wgGod. 
 peopk)(h,\U  dwell  in  a  peaceable  habitation,and  infure  dwellings,and  in  quiet  reflinj 
 places;  Tea, we  *fhall  beate  our fwords  into  Plow-mares,  and  ourSpeares  int< 
 *  Micah  4.354-  Pruning-hookes  ;  Nation  fhall  not  lift  up  fivord  againft  Nation,  neither  fhall  the 
 Ifayz.-tjocl?-  learncwarre  any  more;  But  wee  thall  fit  every  man  under  his  Vine  and  under  hi 
 Figge-tree,  and  none  fhall  make  us  afraid  5  The  ejfecling,thereftoring  of  which  fwec 
 bleftcd  Harmony  of  Peace  and  quiet ?iejfe  throughout  our  kingdome,hitbbcene  one  principal!  en 
 ■of  this  my  Labour,  which  tal^es  away  the  pretended  caujfes,  the  nouriffiing  fewell  of  or, 
 ^n>/e«*  unnatural!  contentions,  and  deltru&ive  bloody  warres. 
 
 Enter  tabic  it  therefore,  with  that  Candidmjfe  and  Ingenuity,  at  becomes  tlpe  cordialleft  Et 
 devours,  of  a  real!  unmercenary  Philo-pater,»7;<9  hath  freely  done  andfujfered  many  thirty 
 and  Ufti  'I  pre  ft  to  doe  andfujfer  all  things,  fir  hU  deareft  Countries  fervice,  in  an  honour  ah 
 lawfullChriftian  way  •  though  he  receive  no  other  Guerdon,  than  the  lojfc  of  all  his  earthy  I 
 comforts,  and  anew  addition  to  his  former fufferings.  That  fifing  of  Symmachus  hathbeen  \ 
 encouragement  enough  to  met  *  Saluti  public*  dicata  induftria  crefcit  Merito,  cum  caret 
 *ApudAmbroC  ^v%m'l°  5  which  1  wijh  were  more  con 'fi dered and  better  pratfifed by  fame  degenerous  Merce- 
 Epift'iz.Ep.i.  mry  fpir  it sin  thefe  fad  times  •  who  receive  great  wages,  and  doe  little  worl^c  •  rcfuftne;  to 
 Tom,l.p.97.  ftirrc  cither  hand  or  foote  upon  any  advantage,  or  neccftarj  occafon  to  prefirve  their  Native 
 Country  from  defolation,beforeihey  have  purfed  up  their  undemeritcd  pay ;  and  yet  even  then 
 perchance  ft t  fill :  It  is  a  bafenejfe  not  onelyfarre  below  *  Chriftianity,  but  Humanity  it  fife, 
 *  Jer.45-5-  fir  men  (efpecialty  thofe  of  publicity  place  and  abilities*)  to  preferre  their  owne  private  endry 
 before  the  publicke  fafety  ;  their particular gain3before  the  commonweale,  when  the  whole  king- 
 dome  lycth  at  ftake.  But  I  hope  Heroicke  Englifh  Spirits,  will  learne  more ga:crous  refolttticns 
 and  AElivity  in  times  of  fitch  extremity  ;  and  that  thofe  whom  it  moft  conccrnet ',will  take  timely 
 notice,  That  fordid  Mercenaries  are  the  greatcft,  falfeft  Cowards  5  Cirri  ft  himfelfe  refolv'mg 
 what  poor e^wh at  ill  fervice  they  will  do  in  dayes  0/^4//,  Jo  h.  1 0.1 2, 13. He  that  is  an  Hire- 
 ling, fceth  the  Wolfe  comming-and  leavcth  the  Sheepe,  and  F  L  FE  T  H ;  and  the 
 Wolfe  catcheth  them  and  fcattereth  the  Sheepe.  The  hireling  fxeth,  becaufe  he  is 
 an  hireling,  and  careth  not  for  the  Sheepe.  He  loves  oncly.his  Wages,?™/  his  Charge, 
 his  Duty ;  God  difcover  and  amend  allfuch,  or  tlfe  jpecdily  difcard  ihem ;  Thatfo  all  aymin^ 
 onely  atthepubliquegood  andl ranquility  .  we  may  eft-foor.e  procure^  enjoy  the  fame  to  our 
 greateft  conflation. 
 
 Farewell 
 
The  Trcacberj  and  T)ifloyaity  otTapiJls  to  their  SoT>e~ 
 
 raigncs,  both  in  Doftrine  and  TraElife. 
 
 ,Hen  I  (criotifly  confider  the  memorable  Preamble  0f3.Jac.cb.  4.  That 
 it  H  /p//**/  &|  d^i/y  txperienoe,  that  many  of  bis  Maf flies  Subje&s  who 
 adhere  in  their  hearts  to  the  Popifli  Religion,  by  tlx  infe&ion  drawne  from 
 thence,  and  by  the  wicked  and  diveUiflo  counfell  of  Jefitites,  Seminaries ,  and 
 other  perfms  dangerous  to  the  Church  and  State,  are  fo  far  re  perverted  in 
 the  point  of  tbeir  hy. dries  and  due  obedience  unto  the  Kings  LMajefly,  and 
 the  Crowne  of  England,  at  they  are  ready  to  entertaine  and  execute  any  Treasonable  Confpira- 
 vidP  rati  ices,  as  evidently  appe ares by  that  more  then  barbarous  and  horrible  attempt  to 
 jebhwnettp  with  Gunpowder,  the  Ki?ig,Qvee?ie,  Prince,  Lords  and  Commons  in  the 
 Houfe  of  Parliament  ajfembled,  tending  to  the  utter  fuhverfion  of  the  whole  State,  lately  un- 
 dertaken by  the  hifiigation  of  Jefuites  and  Seminaries,  and  in  adva?icement  of  their  Religion 
 by  their  Scboll or st aught  and  inftrufted  by  them  for  that  purpofe.  With  the  Statutes  of 
 3  5 .  Eliz.  ch.  2 .  and  3 .  Jacob,  ch.  5. which  Enaft  :  That  ail  Popifr  Reaifants  fljall  be  re- 
 framed  to  fame  certain;  places  of  abode,  and  confined  to  their  private  houfes  in  the  Country, 
 and  not  at  any  time  after  to  pajfe  or  remove  above  five  miles  from  thence,  under  paint  of  for- 
 feit i?:g.  ill  their  hands,  Goods,  d7id  Chattels  %  dur'vig  life.  That  nont  of  them  pall  rentable 
 within  toi  miles  of  the  City  of  London,  nor  come  into  the  Court  or  houfe  where  his  Mayfly, 
 or  Htirt  apparent  to  theCrowne  of  England  pall  be  ;  nor  have  in  their  owne  houfes,  or  in 
 the  hinds  or  pojjejfionof  any  other  at  their  difpofltion,  any  Armour,  Gunpowder,  or  Munition^ 
 what  k^ndc  fever-find  all  this,  for  the  better  difcovering  and  avoyding  offuch  Trayte- 
 row,  and  moft  dangerous  Confpiracies,Treafons,PraUifts,and  attempts,  as  are  daily  devi- 
 fed,  and  prailifed aga'wfl our  mfl  gracious  Soveraignes  Perfon,  and  the  Commonweale,  by 
 rebellious  and  tray  terous  Papifls.  And  when  I  read  in  *  two  of  King  James  his  Procla- 
 mations :  That  thofi  adhering  to  the  profejjion  of  the  Church  of  Rome,  are  blindly  led  ( to- 
 gether with  the  fuperflition  of  their  Religiori)  both  unto  fome  points  of  DuUrbie  which*  can- 
 not confifl  with  the  loyalty  of  Sub jcEi s  towards  their  Prince,  and  oft  limes  unto  diretl  aliions 
 of  confpiracies,  and  conjurations  aga'wfl  tlje  State  wherein  they  live,  as  hath  moft  notoriously 
 appeared  by  the  late  mofi  horrible  and  almofl  incredible  coiqu ration  (grounded  upon  points  of 
 L> oftrincintbat  Church  held  and  mantaincd,  and  contrived,  and  pratli fed  with  the  privi- 
 ty and  xvar  rant  of  many  of  the  principal  Yriefls  of  that  profcffioii)  to  blow  up  our  children 
 and  all  the  three  States  in  Parliament  ajfembled.  And  when  we  confider  the  courfl  and  claime 
 of  the  Sea  of  Rome,  we  have  no  reafonto  imagine,  that  Princes  of  cur  sxeH^iun  and  profef- 
 fioncancxpeU,  any  affurance  long  to  continue,  nnlefje  it  might  be  ajjented  by  the  mediation 
 of  other  Princes  Chrlfiian,  that  fome  good  courfi  might  be  taken  (Jy  a  general]  CounccU,  free, 
 and  lawfully  calltd)  to  pluckeup  thofe  rootes  of  dangers  and  jealoufies  which  arife  for  caufe 
 of  Religion^  as  well  bctweene  Princes  and  Princes,  as  betweene  them  and  their  SubjcUs^  and 
 
 A  n 
 
 *  Dared.  Jam. 
 IO.1606.    and 
 
 *Norc  thi;. 
 
u 
 
 J  be  Treachery  and  Dtflcyalty  of 
 
 (VjWhocon- 
 i'eifeth  &  Jufti- 
 fierh  ir,  in  his 
 Speech  inSrar- 
 chamber,  June 
 
 (7>)Seethe 
 
 Parliaments 
 Jate  Declarati- 
 on. 
 
 (c)  See  King 
 Jamcj his  A- 
 poiogy  againft 
 Belfarmir^Lau- 
 retitiw  Byer- 
 UnkjOpw  Ct.ro. 
 p.  319. Dew  & 
 Rtx.TlytLoid 
 William  Ho- 
 wards  Sonne s 
 lareBooke  in 
 Defence  of  Pa- 
 pirts  raking  the 
 Oarhot  Alle- 
 giance. 
 *  3  Jac,  C-4. 
 
 to  make  it  manifep,  that  no  State  or  Potentate,  either  doth  or  can  challenge  power  to  difpofe 
 of  earthlj  Kingdomes,  or  Monarchies  ^  or  to  difpence  with  Subje&s  obedience  to  their  natu- 
 rail  S.ovtraignes  ;  (Which  was  never  yet  attempted;,  much  lefle  effected.)  And  in  the 
 Bookeof  Thanksgiving  appointed  for  the  firth  of  Novewbtr,  (fit  forth  by  King 
 JameSy  and  the  Parliaments  fpeciall  direction^  this  obfervable  Prayer  (Tomewhat  al- 
 tered by  the  now  (a)  Arch-prelate  of  Canterbury  in  the  latter  Editions  to  pleafure  his 
 Friends  the  Pa  pills)  1o  that  end  prenghthen  the  hand  of  our  gracious  King,  the  Nobles 
 and Magiprates  of  the  Land,  with  Judgement  atd  jutfice,  to  cut  offthefe  workers  of  ini- 
 quity ( the  Papifts)  whofe  Religion  is  rebellion  ,  whofe  faith  is  fatlion^  wbofe  praftife  is 
 murthering  of  Soules  and  bodies,  and  to  roote  them  out  of  the  confines  of  this  Kingdome.  I 
 cannot  but  ftand  amazed,  yea  utterly  confounded  in  my  felfe,  at  thelmpudency 
 and  Treachery  of  thofe  pernicious  Counfellors,  who  in  affront  of  all  thcie  Lawes 
 and  premifes,  have iffued  out  fundry  (Z>)  Commifiions,  under  his  Majeities  hand  and 
 feale,  to  divers  notorious  Papifts,  not  onely  to  furnifnthemfelves  with  all  forts  of 
 Amies  and  Munition  •  but  likewifeto  meete  together  armed,  and  raife  forces  in  the 
 Field,  to  fight  againft  the  Parliament,  Kingdome,  and  Proteftant  Religion,  (even 
 contrary  to  divers  his  Majefties  late  Printed  Declarations,  and  Protepations,  to  all  his 
 loving  Subjects)  advanced  them  to  places  of  great  truft  and  command  in  his  Ma- 
 jefties feverall  Armies ;  &  procured  them  free  accefle  unto,if  not  places  of  note  about 
 hisfacred  perfon,  as  if  they  were  his  loyalleft  Subje&s,  his  fureft  guard  (as  many 
 now  boldly  ftile  them)  and  more  to  be  confided  in,  then  his  beft  and  greateft  Coun- 
 cdl^  the  Parliament ;  whom  they  moft  execrably  revile,  as  Rebels,  and  Traytors,  the 
 more  colourably  to  raife  an  Army  of  Papifts  to  cut  their  throats,  and  the  thi  oat  of 
 our  Proteftant  Religion  firft  (as  they  have  already  done  in  Ireland,)  and  then  laft  of 
 all  his  Magpies,  in  cafe  he  refufe  to  become  the  Popes  fworne  vaiTall,or  alter  his  Re- 
 ligion, which  he  hath  oft  protefted  (and  we  beleevej  he  will  never  doe. 
 
 But  1  deiire  thefe  il  coanfellorsofthe  worftedition,to  informe  his  Majefty^or  any 
 rational  creature,how  it  isekher  probable,or  po(fible,that  an  army  of  papifts  mould 
 fecurehis  roynll  perfon,  Crowne,  Dignity,  or  protect  the  Proteftant  Religion,  the 
 Parliament,  or  its'Priviledges,  to  all  which  they  have  dewed  themfelves  rroft  pio- 
 fefled  enemies.  We  all  know  that  Popiflh  Recufants  (c)  obpinaiely  refufe  to  take  the 
 Oath  of  Supremacy,  or  Allegiance  (fome  of  them  that  tooke  z/3  having  beene  excommunicated 
 by  their  Frieps  for  a  reward)  The  fumme  of  which  Oath  is,  *  That  they  doe  truly  an  d 
 pneerely  acknowledge  and  prof effe  ^  1  hat  theP opt  hath  no  author hy  to  depofe  the  Ki??g,  or 
 to  difpofe  of  any  his  Kingdomes,  or  to  authorize  any  for  aim  Prince  to  invade  his  Coun- 
 tries, or  to  difiharqe  any  hit  Subjects  from  their  Allegiance  to  his  JUajefiy,  or  to  licence 
 any  of  them  to  beare  amies,  or  raife  tumults  again  U  him,  or  to  (ffer  any  violence  or  hurt  to  his 
 royall  Perfon,  State,  Government,  Subjects.  'That  notwithpanding  any  Declaration,  Ex- 
 communication, or  deprivation  made  or  granted  by  the  Pope,  or  any  Authority  derived  from 
 him,  againp  thi  King,  his  Heires,  and  Succeffors,  or  any  abfolution  from  their  obedience, they 
 will  beare  faith  and  true  allegiance  to  them,  and  them  protetl  to  the  uttermcp  of  their  power 
 againp  all  conspiracies  and  attempts  what foever  againp  their  Perfons,  Crowne,  and  Dig- 
 ?iity,  by  reafon  of  any  (itch  fente'/ice  or  Declaration,  or  otherwife*  And  th.it  they  doe  from 
 their  hearts,  abhorre,  detep,  abjure  as  impious  and  heretic  all,  this  damnable  DoUr'me  and  po- 
 fithm:  (profefliedly  maintained  by  Englifh  Papifts,  elfe  why  fhould  the  Parliament 
 prefcribe,  and  they  abiblutcly  refufe  to  take  this  Oath  1)  that  Princes  excommunicated 
 
 01 
 
Papifts  to  their  SoVcraignes. 
 
 7\ 
 
 or  deprived  by  tk  Ftf/v3  ma)  k  depnfedor  murdered  by  their  Subject 7,  or  a>.y  nhtr  n/>. 
 ever.  WiJJ  too  c  then  who  refufe  to  take  this  Oath,  or  abjure  this  Krng-depofing 
 King-killing  Popiil  Doctine-  harbouring  a  S  eminary  Friejl  in  thctrTeafcj  and  a 
 #tytr  in  theirtafrt/,  prove  a  faith  lull  guard  to  his  Majeities  Perfon,  Crowne,  King- 
 domes?  WiJI  thole  wbo  to  oft  con  f  pi  red  the  death,  and  attempted  the  nairthcisof 
 Queene  Eli*  tbetb,  and  King  fames,  oncly  becauf:  they  were  PfOteftatltS,  and  Dejcn- 
 derj  of  the  Proteftanl  Faith,  now  cordially  protect  and  aiTiii  King  Char  Us,  without  at- 
 temptingany  thing  again. t  his  Crowne  or  Perfon,  who  hath  lately  made  andpeb- 
 lilhed  io  iUdnJIrottji.it!  ?.•/,  and  Declarations^  that  be  will  never  imbrace9  nor  coimtenvic* 
 Popery,  but  mofl  rtfoltttelj  Vejend,and  Advan.c  the  P  rote f  ant  Religion  j  and  makes  this 
 one  principal!  motivc(hoW  tiucly.hetaketh  Heaven  and  Earth  to  wandfc)  of  his 
 prefent  taking  up  or  Amies/  VV  ill  they  (thinke  you)  ipend  their  lives  for  King 
 and  Parliament,  who  but  few  yearesfince  loft  their  lives  for  attempting  byatraine 
 of  Gunpowder  to  blow  up  both  King  and  Parliament  ?  \V  ill  thoie  fecu.  e  his  Maje- 
 fty  in  his  Throne,  now  he  is  actually  King  of  E?iglanc,  who  would  have  murthcrcd 
 him  in  his  Cradle,  ere  he  wa^  P.ince^  to  foreitall  him  of  the  Crowne  of  England} 
 Can  thofe  prove  really  royall  to  his  Majelty  and  his  Royall  Poftcrity,  who  would 
 have  blownc  up  him  and  all  his  Royall  Houfe  at  once,  even  long  before  he  had  po- 
 fterity?  In  a  word  (if  ancient  prelidents  will  not  convince  us)  are  thofe  who  for 
 (cf)  two  yeares  laft  pafi  or  more,  have  beene  labouring  with  might  and  maine  to  mi- 
 cro wne  his  Majelty,  and  utterly  extirpate  the  Proteftant  Religion  by  horrid  confpi-    (d)  Sec  -1 
 racies  md  force  of  Armes,  in  Inland,  and  are  now  there  acting  the  lair  Scene  of  this  /**' ,11S  Book 
 molt  barbarous  bloudy  Tragedy  ;  likely  to  fpend  their  deareit  bloud  in  fighting  for   ^^  xairinau 
 the  preservation  of  his  Majeities  Crowne   and  the  Protectant  caufc  in  England ,  if 
 this  onely  be  the  reall  quarrell,  as  is  fpecioufly  pretended  ?    Or  will  any  of  that  Re- 
 ligion, who  within  thefe  three  yeares,  have  by  force  of  Armes,  both  in  Catalonia^ 
 Portngall,  and  el  few  here,  revolted  from,  and  caft  off  their  allegiance  to  their  owne 
 moltCatholicke  King,  to  fet  up  others  of  the  fame  Religion  in  his  Tribunall  for 
 their  greater  advantage ;  put  to  their  helping  hands  to  citablifh  his  Majelty  (the 
 molt  Pi  oteibnt  King)  in  his  regall  Throne,admit  it  were  really,  not  fi&itioufiy  in- 
 dangered  to  befhaken  by  the  Parliament>Certainly5ifthe  ground  of  this  unnatural 
 wane  be  fuch  as  thefe  ill  Councilors  pretend,  they  would  never  be  To  farre  befbtted 
 as  to  make  choyce  of  fuch  unfitting  Champions  as  Papitts,  for  fuch  a  dciigne ,   ivho 
 are  very  well  knownc  to  be  the  greater!  enemies  and  maligna nts  of  all  others,  both 
 to  King,  Kingdome,  Religion,  Parliament,  whoC  joynt  dcltructions  (what  ever 
 thefe  ill  Counfellors  pretend)  is  queftionlefle  the  onely  thing  really  intended  by  the 
 Popifh  party  in  this  warre,as  the  proceedings  in  Ire!and,t\kc  introducing  of  foraine, 
 the  railing  of  domcltick  Popifh  Forces,  thedifarming  of  Proteftants,  and  Arming 
 Papilts  with  their  Harnefle,  clearely  demonitrate  to  all  whom  prejudice  hath  not 
 blinded. 
 
 Now  that  I  may  evidence  to  thefe  pernicious  Counfcl!ors,and  all  the  world,ho\v 
 dangerous,  how  unfafe  it  is  to  his  Majefty,  to  the  Kingdome,  to  put  Armes  into 
 Papilts  hands,  and  make  ufc  of  them  to  protect  the  Kings  perfon,  or  Crowne;  I 
 mall  detire  them  to  take  notice  both  of  the  Papitts  traicerous  Doctrine,  and  Practice, 
 in  thefe  three  particulars  they  maintaine. 
 
 Firitj  That  the  Pope  by  a  metre  divine  right,   is  the  fole  and  fttpreme  Alunarch  of  the 
 
 A   2  K>[)*k 
 
The  Treachery  and  Pijloyaltyof 
 
 -^ 
 
 (0  Dedicated 
 to  K  ingjames, 
 primed  at  Lcn- 
 4{cnl6zi. 
 
 (e)    Dedicated 
 
 to  King  James, 
 and  printed  at 
 London  1624. 
 
 (f)InhUSer- 
 mon     there, 
 
 P.4$*44- 
 
 whole  worlds  and  all  the  Kingdomes  in  itjo  difpofe  of  them  at  his  pleafureja  whom  and  when 
 he  will,  without  givi?ig  any  account  oj  his  attions.  1  hat  all  Emperours  and  Kings  are  but 
 bisvaftalS)  deriving^and  holding  their  Crownes from  him  by  bafe  unworthy  fervices,  w0rfe 
 then  villenagejb at  they  cal^and  repute  them  their  Topes  vaftah)  cttrS)  packg-ajfes  rvitbTseh 
 about  their  neckes,  and  uje  them  like  fuchjf  they  offend  the  Tope.  For  full  proofe  whereof 
 out  of  their  own  Authours  and  pra&ife,I  ("hall  refer  them  to  Dodcor(e>)Ri:hardCrack- 
 enthorps  Booke,  Of  the  Topes  temporall  Monarchy ,chap.  1.  p.  1.  to  27.  worthy  any  mans 
 reading,  to  John  Bodins  Common  wealth ,  Lib.  i.cap.  9.  Bifhop  Jewels  view  of  a 
 Seditious  Bull,and  Doctor  John  WbitesDetence  of  the  way  to  the  true  Churcrr,chap. 
 io.p.43.         '_■"-. 
 
 Secondly5  That  the  Pope  alone  without  a  Councell,  may  lawfully  excommunicate^  cen- 
 Jure^  depofeboth  Emperours  )  Kings ,  a?id  Trinces  5  anddifpofe  of  their  Crownes  and  King- 
 domes  unto  others  •  That  it  is  meete  and  neceftary  he  ftmdd  excommunicate  and  deprive  all 
 Kings ^  who  are  either  Heretickes  or  Apoftates  (jis  they  repute  all  protejlant  Princes')  or  op- 
 prefjors  of  the  Common-wealth :  That  as  foone  as  fkch  Trinces  are  aUually  excommunicated) 
 or  notorioufly  kpowne  to  be  Heretickes  or  Apoflates )  their  Subjeffs  are  ipfo  facto  abfolved 
 from  their  gwernmeut)  and  Oathes  of  Allegiance  whereby  they  were  bound  unto  them  •  and 
 may ,  yea  ought  to  tal^e  up  Armts  agai?ift  them  to  deprive  them  of  their  Kingdomes. 
 
 'Thirdly)T  bat  fu:h  hereticall)tyrannicall)0pprejjh7g  Kings  may  be  lulled)  poyfoned)Ot 
 flaine  bj  open  force  of  ArmeS)  not  onejy  lawfully)  but  with  glory  and  commendations . 
 That  this  is  to  be  executed  by  Catholiker  ;  and  that  it  is  not  o'nely  an  heroicall)  but  merito- 
 rious afi^  worthy  the  higheft  Encomiums;  and  a  Saint- fhip  in  the  Roman  Ca- 
 lender. 
 
 Thefetwolaft  proportions  you  may  read  abundantly  proved  by  the  words  of 
 Popifh  writers,  and  forty  examples  offeverall  Emperours,  Kings  and  Princes,which 
 Popes  and  Paprits'bave  excommunicated)  deprived,  violently  aflaulted  and  murthe- 
 red,jn  (e }  Do^or  John  Whites  defence  of  the  way  to  the  true  Church,  chap.  6, 
 pag.  14.  to  22.  and  chap.  10.^.43.44.  in  his  Sermon  at  Pauls  Crofle,  March  24. 
 1 61 5.  pag.  11.  12.  in  B.pop  Jewels  view  of  a  feditious  Bull ,  in  Bijbop  Bilfons  true 
 difference  of  Chriilian  Subjection,  and  unchriftian  rebellion,  part.  3.  throughout? 
 Aphjrifmi  T>o6irin<e  Jefuitarum  :  King  James  his  Apology  againil  Bellar  mine  ^xvith  his 
 Anfwer  to  Cardina  II  Terron3  andfundry  printed  Sermons?preached  on  the  fifth  of  No- 
 vember £0  which  I  (hall  referre  the  Reader.  What  fecurky  or  protection  then  of  his 
 Macules  royall  perfon,CrownerKingdomes,  can  now  be  expected  from  our  popifh 
 R ecu  (ants,  ^infected  withtheie  trayterous  principles,  and  branded  with  fo  many 
 ancient, moderne,  nay  prefent  Treafbns  a  d  Rebellions  againit  their  Soveraignes) 
 let  the  world  and  all  wife  men  (etioufly  judge;  What  faire  quarter  and  brotherly 
 aiTirhmce  the  Parliament,  Proteilants,  Proteftant  Religion,  Lawes  and  Liberties  of 
 the  Subject  are  like  to  receive  from  this  popifh  Army,  the  late  Gunpowder  Treafiny  the 
 Spanifb  Armado)  the  Englifh  and  French  booke  of  Martyrs )  the  preient  proceedings  in 
 Ireland)  Torkepire^  and  elfcwhere,  will  refolve  without  difpute :  And  what  peace  and 
 fafety  the  Kingdome  may  expect  in  Church  or  State,  whiles  Popery  and  Papifts  have 
 any  armed  poiver  or  being  among  us,  (f)  Doctor  John  White  hath  long  finre  pro- 
 claimed at  Pauls  Crofle  (and  now  we  feele  it  by  experience)  in  thefc  words  ;  Tapiftry 
 cm  ft  and  neither  with  peace  nor  piety  •  the  State  therefore  that  would  have  theCe  things^ 
 hath  juft  caufe  to  fuppreffe  it.  Touching  our  peace^  it  hath  not  beene  violated  in  our  State 
 
 thefc 
 
tPapifts  to  their  SoVeraigms. 
 
 theft  many  ye  xrti  but  by  them^  nor  fa.  v  tn  my  Ch  ifii  m  Si  u  ,  find   Ch  tries  the  Grc.n  his 
 time,  but  tl\  Po}  e  and  bit  miniftei  !  a  b  md  in  it. 
 
 All  theft  ill  ad vifcrsf Co  colour  ihtirclofe  (g^defignttfnHfiablifiHu  Ftyety,  prbf  (       !     /'.'...- 
 cipally •  h/ti  nded)  can  afleadge  tor  arming  Papilla  agatnft  Law,  is*  That  the  Parlla-  J ' 
 nicnt  hath  trayteroufly  invaded  the  Kings  Prerogatives  in  a  high  degree  •  claimed  a   ' 
 power  and  jurifdic~tion  above  his  Majeity  in  (unary  partkulai  s  *  yea,  tifurped  to  its    C': 
 felfe  a  more  exorbitant,  unlimited,  arbitrary  authority  in  making  Lawes,  impo- 
 fing  taxes,  &c.  then  any  Parliaments  challenged  in  former  ages ;   to  repreue  which 
 inu>lences,and  reduce  the  Parliament  to  its  due  limits,  his  Majefty  is  now  neceffita- 
 ted  toraifean  Army, and  pray  inaydeof  Papiits,  who  in  former  ages  havebcene 
 more  moderate  in  their  Parliaments,  and  are  like  to  prove  molt  cordiall  and  loyall 
 to  his  Majefty  in  this  lervice. 
 
 To  anlwcr  which  pretence  more  fully  ^though  it  be  for  the  maine,moft  palpably  Obhtl.  2. 
 falfe,  yet(by  way  of  admifliononclyj  I  (hall  fuppofe  ittrue3and  with  all  puiTibie 
 brevity  manifeit  •  That  Parliaments,  Prelates,  Peeres,  Commons  in  times  of  Pope- 
 ry, have  both  claimed  and  exerciled  farrc  greater  authority  over  our  Kings  and 
 their  Prerogatives,  then  this  or  an^  other  Proteitant  Parliament  hath  done :  Where- 
 fore Papiits  of  all  others,  haveleait  catife  to  taxethe  Parliaments  proceedings ,  and 
 thole  ill  Councilors  and  his  Majefty  fmall  reafonto  imploy  or  truft  Papiits  in  this 
 fervice.  Todefccnito  fome  particular  heads  of  complaint,  involved  in  this  ge-  A.fw. 
 nerall.  ^  (h'ru  oWcr- 
 
 Firft,it  is  objected,  that  the  Parliament  and  fome  of  \ts(b)  Advocates,  with  its  varions,afuicr 
 approbation,  affirme;  that  the  Parliament  being  the  refrejentafive  Body  of  the  whole  anfwer  ro  Dr- 
 Kingdonte,  is  in  (owe  refpetts  of  greater  power  and authority  then  the King,  who  though  rhers 'iheRc- 
 bt  be  lingulis  major,jv*  be  ;V,  univcrfis  minor  5  which  is  contrary  to  the  Oath  of  Suprt-  ironftrancc  of 
 *  'OS  f wherein  every  Subject,  *  dnth  utterly  teftifie  a?id  declare  in  bis  confeien-r,  that  the  the  Lords  and 
 Kings  highnejfe  is  THE  ONELY  SUPREAME  GOVERNOLIR  ^Commons, 
 this  Realme,  &c.  as  well  in  all  Splrituall  or  Ecclefiaflicall  caHJes,  as  Temporal! :)  and  a  *?|r/:2  7 
 kindc  of  unkinginz  his  Majefty,  no  wayes  to  be  indured.  Arifo  " 
 
 To  which  I  anfwei ,  ririt,  that  if  this  Du&rine  be  either  Traitorous  or  HercticaU  (i)  Rex  babe t 
 thePapifts  were  the  ririt  broach ers  of  it  long  agoe;  For  Hen.  de  Bra&ona  famous  ^P^riorem^Vf 
 Englifh  Lawyer,  who  writ  in  King  Henry  the  third  his  reinne3  lib.  2.  cap.  16  f.Zd.  a  um->&c-ltemle- 
 refol ves  thus,  (J)  But  the  King  bath  a  S  1 1  P  E  R  I  O  LI  R  >  to  wit  God :  Alfo  the  Law  f  2  V\  V" 
 by  which  be  x  made  a  King  ,  fkewife  HIS  COURT;-  namely,  the  E  A  R  L  E  S  item  cl^n' 
 AND  BAPiONS;  becanfe  they  are  called  Comitcs ,  as  being  THE  KING  Sf™ :  i'>.  Cc 
 F  E  l.  L  O  W  E  S  (or  companion.*:)  md  be  who  bath  a  fellow  (or  ajjbeiau)  hath  a  M  A-  Wltes-  &  Bare- 
 STER:    and  therefore  if  die  King  (halt  be  without  a  bridle,   that    is,  without    Law     mt*V**  Ccmi- 
 
 THEY    OUGHT    TO   IMPOSE    A    BRIDLE  ON    HIM,   unkffl  %/fiSL 
 
 ibtjthemfelves  with  the  King  jball  be  without  bridle-^   and  then  the  Sub  jell  paU    cry  out  &i  &<pd  ha- 
 
 and  fay,  0  L  rd  Jefus  C mfi  doe  thou  b'mde  their  jawes  with  bit  and  br'ul'e,  &c.  A  cleare  b:tfu:um  bobet 
 
 resolution,  Thatthe  Law,  with  theEarlesand  Barons  a  (Ten;  bled  in  Parliament,  are  ™€ff  *£*'*  Et 
 
 above  the  King,  and  ought  to  bridle  him  when  he  exoi  bitates  from  the  Law  :  w  hich  he  \  , \!f; 
 
 alfo  feconds  in  fome  fort,  lib.  3.  cap.  9.  f.  107.  This  Doctrine  was  fo  authcnticke  in  fine  lege^  BE* 
 
 j  thofe  dayes,and  after  times,  that  in  the  great  CounceU  of  Bafil.  Anno  143 1.  when  this  B  E  N  T  E  I 
 
 '  mighty  queitton  was  debated;  JPt  Fbpi    were  abtnje   a  gcnerall  CounceU ,  or  a  *i£j^nVU 
 
 \  CounceU  above  him  I  fuch  a  CounceU  was  at  laft  relolved  to  be  above  the  Pope,  upon  fa.  m£*E> 
 
 ^  3  this 
 
The  Treachery  and  x  Diflpr 
 
 this  reafon,  among  others  (  kj)  The  Pope  is  in  the  U  ,  ^s&ng  is  in  his  Kingdome, 
 (kf  FcxAtts&  an£  £or  a  fcingt0  yc  9f  m)n  authority  then  hit  Kingdome,  LSwere  too  abfurd  ;  Ergo,  Arei- 
 Vl\  ft-4'  ther  on^bt  the  Pope  to  be  above  th  Church.  In  every  well  ordered  Kingdome,  it  ought  fpecially 
 tibo.AZneas  '  to  be  dc fired,  that  the  whole  ReaUne  fhould  be  oj  more  authority  then  the  King  •  which  if  it 
 Sylvius  dege*  happened  contrary ,were  not  to  be  called  a  Kingdome,  but  a  Tyranny.  And  like  as  oftentimes 
 fits  rond/n  Ba-  Kings,  which  doe  wickedly  govern*  the  Common-wealth  and  expreffe  cruelty,  are  deprived  of 
 fi tier.fi s>&Sh-  t^r  Ki?igdomes ;  even  fo  it  is  not  to  be  doubted  but  that  the  Bifiop  of  Pujme  may  be  de- 
 4  '  fofed  by  the  Church,  that  is  to  fay,  by  the  general!  Councell.At  tbt  beginning  (as  *  Cicero  in 
 
 *  Lib.  i,  bit  Offices  faith')  it  is  certaine  there  was  a  time  when  as  the  pzople  lived  without  Kings.  But 
 
 afterwards  when  Lands  andPoJJeJJions  beganne  to  be  divided  according  to  the  cufiome  of  eve- 
 ry Nation,  then  were  Kings  ordained  for  no  other  caufes  but  onely  to  executt  juftice  :  far 
 when  at  the  beginning  the  common  people  were  oppreffed  by  rich  and  mighty  men,  they  ranne 
 by  and  by  to  fome  good  and  vertuous  man,  which  fhould  defend  the  po ore  from  injury ,  and 
 ordaiue  Lawes,  whereby  the  rich  and  poore  might  dwe  I  together,  But  when  as  yet  under  the 
 rule  of  Kings,  the  poore  were  oftentimes  oppreffed,  Lawes  were  ordained  and  inftitutedy 
 the  which  fjould  judge, neither  for  hatred  nor  favour t  a?id  give  like  e  ire  unto  the  poore 
 as  rich:  whereby  we  under  ft  and  and  know,  not  only  the  people,  but  aljo  the  King  to  be  fubjH 
 to  the  L.i:v.For  if  we  do  fee  a  King  to  contemne  anddefpije  the  Lawes,  violently  rob  and  fpoile 
 bis  Subjects,  deflower  Virgins,  dijboneft  Matrons, and  doe  al '  things  li  -emioufly  and  temera- 
 rioufty,  doe  not  the  Nobles  of  the  Kingdome  afjemb'e  together,  depofing  him  from  his  King- 
 dome,  fet  up  another  in  his  place,  which  (ball  fweare  to  rule  and  gpvane  uprightly,  and 
 be  obedient  unto  the  Lawes  1  Verily  as  reafon  doth  perfwade,  evtn  jo  doth  the  life  thereof 
 alfo  teach  w  :  It  feemeth  alfo  agreeable  unto  reafon9  that  the  fame  fwuld  be  done  in  the 
 Church,  that  is,  in  the  Counce  %  which  is  done  in  any  Kingdome.  And  fo  is  this  fujfciently 
 apparent,  that  the  Pope  is  fubje&  unto  the  Counc ell ;  Thus  the  Bimop  of  Bwgen,  Am- 
 banradour  of  Spaine,  the  Abbot  of  Scotland,  and  Thomas  de  CorcellU,  a  famous  Divine, 
 .  reafoned  in  this  Councell,  which  voted  with  them.  Here  we  have  a  full  refolution 
 
 al.tom 4.VX.  °C  this  great  Councell  (which  the  Papifts  call  a  generall  one,  being  (Is)  approved  by 
 &c  And^E'if.tt  the  Gretke  and  Komane  simper  ours,  and  moft  Chrifian  Kings,  and  States,  and  ours  among 
 S)lviw  hift.      others".  )  That  the  Kingdome  in  Parliament  Affembled,  is  above  the  King,  as  a  Generall 
 Condi.  Bafili-    Councell  vs  paramount  the  Pope  :  which  they  manifeft  by  five  reafons. 
 en*s'  Firft,  becaufe  Kings  were  firft  created  and  initituted  by  their  Kingdomes  and 
 
 people ;  not  their  Kingdomes  and  people  by  them. 
 
 Secondly,  becaufe  they  were  ordained  onely  for  their  Kingdomes  and  peoples 
 (ervice  and  welfare^  not  their  Kingdomes  and  people  for  them. 
 
 Thirdly,  becaufe  their  Kingdomes  and  people,  as  they  at  firft  created,  Co  they 
 ftill  limit  and  confine  their  royall  Jurifdi&ion  by  La  ws3to  which  they  arc  and  ought 
 to  be  fubject. 
 
 Fourthly,  becaufe  they  oblige  them  by  a  folemne  Oath,  to  rule  according,  and 
 to  be  obedient  unto  the  Lawes. 
 
 Fifthly,  becaufe  they  have  power  to  depofe  them  in  cafe 'they  contemne  the 
 Lawes,  and  violently  rob  and  fpcyle  their  Subjects. 
 
 This  then  being  the  Do&rine  of  Papiits  concerning  the  Power  and  Superiority 
 of  Parliaments^PeereSjand  Kingdomes  over  their  Kings,  they  have  leaft  ground  of 
 all  others,  to  taxe  this  Parliament  or  its  Advocates,  as  guilty  ofTreafon,  and  ufur- 
 pation  upon  the.Crowne,  for  a  more  moderate  clainiethen  this  amounts  to,  and 
 
 the 
 
3Lj 
 
 Tapifls  to  tbur  Styeraignes. 
 
 thcKingorhis  ill  Counfell  no  cround  to  expect  more  moderation  and  loyalty 
 from  Popifh  then  Proteltant  Parliaments. 
 
 Secondly,  I  anfwer,  that  Popifh  Parliaments,  Pceres,  and  Prelates  have  hereto- 
 fore challenged  <\nd  excrcifed  a  greater  Jurifciiction  over  their  Kings,  then  this  Par- 
 liament, or  any  other,  llncetheembracing  of  the  Protectant  Religion,  ever  claimed- 
 and  doe  in  a  great  meafure  difclaime. 
 
 For,fnltofall,   they  have  challenged  and  executed  a  juft and  legall  power  fas 
 they  deemed  it)  to  depofe  their  Kings ,    for  not  governing  according  to  I, aw  -y  for 
 followingand  protecting  evill  CounfellourSj  and  Officers  ;  opprefling  theii  Sub- 
 jects, and  making  wane  againlt  them.  This  is  evident,  not  onely  by  the  fore- men- 
 tioned palTages  of  the  Councell  of  B  iftl,  with  infinite  prelidents  in  foraine  Empires 
 and  Kingdomes,  which  I  pretermit,  but  by  fundry  domefticke  examples  of  which 
 I  lhall  give  you  a  fhort  touch,  (w)  AnnoVum.  454.  King  Vortigern ,   when  he  had 
 reigned  fixe  yeares  fpace,  for  his  negligence  and  evill  Government  (for  which  Vodim  (m)  Spe-hiflt* 
 Arch-birtiopof  L'Wjwtold   him,   he  bid  endangered  both  bis  Soulea?id  Crowne)  was    107,266,267. 
 depofed  from  his  Crowne  by  his  Subjects  (the  Britaines)  general!  confent,  imprifo-  M*uW*J  s^"c 
 ned,  and  his  Sonne  V< Mrtimtr  chofen  and  crowned  King  in  his  Head  ;  After  whole  Sccjimt. 
 untimely  death  (being  poyfoned  by  Kon-ena)  Vmigtrn  was  againc  rertored  by  them  /.  1 ;-.  3  :o 
 to  the  Crowne,   andatlalt  for  his  notorious  fmnes,  by  the  jutl  revenging  hand  of  /. *.*.!•  V&K 
 God,  confumed  to  afhes  by  fire,  kindled  by  Airtlivu,  and  Vter9  as  Heavens  miniitcrs    Vj£'^  *y  ' 
 to  execute  its  wrath.    Sigebert  (n)  King  of  the  Weft- Saxons,  letting  a  fide  all  Lawes  sp'eedbiflj  To 
 and  rules  of  true  piety,  wallowing  in  all  fenfuall  pleafures,  and  ufing  exactions  c.ii.&orhers. 
 and  cruelties  upon  his  Subjects,  and  flaying  the  Earle  Cumbra,  his  moft  faithfull  (uysptehifl.p. 
 Counfellour,  for  admoniihing  him  lovingly  of  his  vicious  life:  the  Pecres    and  ^9^u,:^n-& 
 Commons  thereupon  feeing  their  Stateand  lives  in  danger,  and  their  Lawes  thus  7S6jcfo/<w: 
 violated,  aiTemb!  d all  together  5  and  frovidu  omnium deliver, itione,  role  up  in  Armes   inhisiiic. 
 aeainft  him,  depofed,  and  would  acknowledge  him  no  longer  their  Soveraigne, 
 whereupon  flying  into  the  Woods,  as  his  onely  fareguard,  and  there  wandring  in 
 the  day  like  a  forlorne  perfon,  and  lodging  in  dens  and  caves  by  night,he  was  tlaine 
 by  Cumbra  his  Swin-herd,  in  revenge  of  his  Ma  iters  death,  and  Kemvolfe  made  King  ,.g 
 
 in  his  Head,  Anno  Vom.  756.  (o)Ofred  King  of 'Northumberland,  for  his  ill  govern-   jJivJi  Maa.' 
 ment  was  expelled  by  his  Subjects,  and  deprived  of  all  Kingly  Authority. -<4w/0  789.   &  Mat.Wrftjm. 
 SoEtbclrcdj  (the fonneof-zW/tf)  his  next  fuccedbr,   being  revoked  from  exile  and    7**See/fe0n. 
 reftored  to  the  Crowne,  ot  which  he  was  formerly  dcprived,thereupon  murthering   G**/***  °  hcr> 
 diversof  his  Nobles  and  Subjects  to  fecure  his  Crowne,  fofarre  offended  his  Sub- 
 jects thereby,  that  An,  794.  they  rote  up  in  Amies  againlt  him,  and  flew  him  at   ijijuttb.Weft. 
 Cobre.     Thus  {n)  An.  758.  the  people  of  the  kingdome  of  Mercia  riling  up  againft   .4^.7  $S.  p.  27? 
 B&rnerd  their  Ki  ng*  bee  tuft  be  governed  the  people  not  by  )uft  Ljivcs,  bttt  tyranny,  ailem- 
 bledall  together,  as  well  Nobles  as  ignoble ;  and  Ojfa,  a  moft  valiant  young  man 
 being  theirCaptaine,  they  expelled  him  from  the  kingdome  :  which  done,  manor 
 elhe  \mhsmninmco7ifenfn,  by  the  unanimous  confent  of  all,  as  well  Clergy  as  People_>they 
 
 Crowned  Of  a  King.    (0)  Ceolwulfe  King  of  Merci  i,An.  820.after  one  yeares  Rcjgne,  ^J  "8  *£ 
 was  for  his  mifgovernment  expulfed  by  his  people,  abandoning  his  Crowne  and  btfitf.x\%. 
 Country  for  the  fafety  of  his  life.  (p )  Mar.  Weft. 
 
 -  :-  \    (f)  ^  ^yn  King  oi Mtrcia  and  Northumberland,   for  his  M  (government)  Tyranny,  *"?■  ^M^1 
 '   wvtiw'effion,  foUomugvai?ie,baft,rrickedCjiinfellors,   rejecting  the  advife  of  the  IViJeft  Ql'n'°  ''J  ' 
 
 and 
 
The  Treachery  and  Dijlojaltyof 
 
 (q)Fabianipm 
 
 Z.  r  49.40.4*' 
 
 p.  90.  3  1.  with 
 Matth.  Weft'ti. 
 Huntingdon , 
 Folyrhronicon* 
 Geoff ry  Mom- 
 moth,  Hol\hfb 
 
 and  orhers  in 
 his  life 
 
 (r)Fabian,pavl 
 2-  c'  46.  p. ? 4» 
 Geojfry  Mow- 
 moth.  Minting- 
 d*n,  Matthew 
 Wefun.  Toly- 
 chrotiy  Hollinjl). 
 Grafton,  Speed, 
 in  his  life. 
 
 and  nobkft  p  er/o;3,was,by  the  unanimous  confent  of  alibis  Subject  removed  from  all  Kingly 
 dignity^  and  depofed-^  in  whofe  place  Edgar  was  elected  King,  An.  957.    D  E  O 
 DICTANTE  &  aunuente  popufo.     Not  to  mention  the  llory  of  (q)  ArchigaUo, 
 one  of  our  ancient  Britijh  Kings,  in  times  ofPaganifme^  Who  giving  bimfelfe  to  all 
 diffention  andjirife^   imagining  caufes  againfl  his  Nobles ,  to  put  them  from  tbeir  goods  and 
 dignities ,  fettingup  ignob'e perfons  in  tbeir  places ,  and  plucking  away  by  fenifter,    wrong- 
 full  meanes  from  tbe  rich  their  wealth  and  goods ',  by  which  be  enriched bimfelfe  ,    and  im- 
 poverished bis  Subjects ;  was  for   tbefe   bis    conditions  murmured  againft  by  his  Sub- 
 jects ;  tvbo  of  one  affent  laflly  took&  and  deprived  him  of  all  Kingly  honour  and   dignity^ 
 when  be  had  Reigned  almofi  fiveyeares,  making  his  Brother  Elidurus  King  of  Britaine, 
 Grafton-,  speedy  by  one  affent,  in  the  yeare  of  the  world,^  1 5.    Who  after  five  yeares  good  Reigne, 
 feigning  himfelfe  ficke,aflembled  the  Barons  of  the  Land>and  by  his  diicreetwords, 
 and  bearing  loving  carriage,  Ferfwaded  them  to  reflore  Arcbigallo  to  hit  former  honour  and 
 regalty  .  and  thereupon  aflembiing  a  Gouncell  of  hisBritaines  at  Xor^e,  caufed  fucb 
 meanes  to  be  made  to  the  Commons^  that  in  conclusion  he  religned  his  Crowne  to  Ar- 
 cbigallo :  Who  being  thus  refiored  to  bis  Crowne  by  joynt  confent  of  the  people^  remembredweli 
 the  evill  life  that  before  time  he  had  led y  and  the  punifhment  bee  bad  fhjfered  for  the  fame. 
 Wherefore  for  efcbew'm^  the  like  danger ,  be  changed  alibis  old  conditions  and  became  a 
 good  and  righteous  man^  m'miftring  to  tbe  people  equity  a?zdjufticet  and  bare  bimfelfe  fi  no- 
 bly towards  his  Lords  and  Rulers,  that  he  was  beloved  and  dread  of  all  bis  Sub)eUs ,  and  fa 
 continued  dur'mgtbeterme  of  his natur all  life.  Nor  yet  to  remember  (r)  JEwtT/j72, ano- 
 ther old  Britifh  King,  who  for  mifordering  of  hit  people  was  depofed  by  them,  in  the  fixtb 
 (f)  Matth. Pa-  yeare  of  hisreignc,  and  Ydwallo  promoted  to  tbe  Kingdome  •  who  taught  by  Emerian 
 ris,bift.Angl.p.    fofr  punifhment,  behaved  himfelfe  juftly  all  the  time  of  his  reiqne  :  or  any  more  fitch  pre- 
 
 164.  tO  280.  j'uri^  CL  r 
 
 Speed,  p.  585.    cedents  before  tne  Conqueft. 
 
 ^cMolhnfhea'd  We  finde  the(/)  Yopifh  Barons  ^  ? relates >  and  Commms,  difa  vowing  King  Jobn0 
 Grafton,  stow9  whom  they  had  formerly  elected  King;  for  making  warre  upon  them,  and  waiting, 
 Daniel,  Wa I-  burning  and  fpoyling  the  Kingdome  like  an  Enemy,  and  electing  Lewis  of  France 
 for  their  King,  to  whom  they  did  homage  and  fealty  :  There  are  none  fo  ignorant 
 but  know,  that  the  Popifh  Prelates,  Lords  and  Commons  in  Parliament,  (f)  Anno 
 1 327.  depofed  King  Edward  the  fecond  their  natural!  King,  for  his  nongovernment, 
 and  following  and  protecting  ill  Counfellors,  inforcing  him  by  way  of  comple- 
 ment to  religne  his  Crowne,  threatning  el(e,  that  they  would  never  endure  him,  nor 
 any  of  his  Children,  as  their  Soveraigne,  but  difclaiming  all  homage  and  fealty, 
 would  elect  fome  other  for  King  not  of  his  bloud,  whom  themfelves  mould  think 
 molt  fit  and  able  to  defend  the  kingdome.  After  which  they  elected  and  crowned  his 
 fon  Edward  the  third  for  their  King.  That  Anno  1399.  {11)  King  Richard  the  fecond^ 
 for  fundry  mifdemeanours  objected  againil  him  in  32.  Articles  in  Parliament,  and 
 breach  of  bis  Coronation  Oatb^was  judicially  depofed  by  a  Popifh  Parliamentary  a  de- 
 finitive fentence  of  depofition  given  againft  him,  ivhich  you  may  read  at  large  inj 
 our  Hiitorians,  and  Henry  the  fourth  elected  and  created  King  in  his  (lead  :  In  both 
 which  depofition s  the  Popifh  Prelates  were  chiefe  actors,  (x)  Anno  1 462 .  King  Hen-\ 
 rj  the  jixtb}  Gjhceene  Margaret  and  Frince  Edward  their  Sonne  were  by  a  popifh  Paris 
 anient  diiinherited  of  their  right  to  the  Crowne-  and  Edward  the  fourth  made| 
 King  :  after  which  King  Henry  was  by  another  Parliament  recrowned,  and  re-eftablij 
 fried  in  his  kingdome,  and  Edward  the  fourth  declared  a  Tray  tor  and  uftrper  of  th<i 
 
 Crowne 
 
 ftngham 
 0)Walfingbam9 
 hi  ft.  Angl.  p. 
 39%.&c.FaH- 
 tin,  part.  J*p- 
 345.  Mvch rca. 
 Irtt.  c.  9.  Hoh 
 Hnfljead,  Graf- 
 ton, &  Speed, p. 
 758  co  766. 
 (w)  Walftnghum 
 H-LFab.  Speed, 
 p.62o.:o  697. 
 
 (x)  Speed,  p. 
 ^69878. 879. 
 Si7.  H.!lwft\ 
 Fe/ychronwon, 
 Fabjan,Graftcnt 
 Hall,  Store, 
 Caxion  in  iheir 
 lives. 
 
Papi/ls  to  their  SoVeraignes. 
 
 Crown*.   And  not  long  after,  Edmardtstklne^  Kv.  nei  ,andcauling  him 
 
 ■     .  red  in  the  rower  ,  an  '*  Anm  1472.  abi  >g  ite  I 
 
 yes,  and  rc-eftat>li(hed  Kin 
 liaments,  Prelates,  i  ords  and  Commons  formerly  done, and  that  rightly  ana  legal- 
 ly, as  they  then  fuppofed  ;  \\  hich  fane  tranfccrtUs  the  high  eft  ftraincs  of  pretended 
 incroachments  on  his  Majefties  royalties  by  the  prefent  Parliament* 
 
 ndly* our  Popifti  Parliaments,  Pecrcs  and  Prelates  have  oft tranflated  tlic 
 >wn  from  the  right  heires  8c  ictled  it  on  others  who  had  no  lawful  right  or  title 
 to  it,  electing  and  acknowledging  them  for  their  onely-Soveraignc  Lord?-  in  which 
 aft  ions  the  Popijb  Prelates  and  Clergy  were  commonly  the  Ring-leaders  :  witnciTe 
 their £y)elefting  and  crowning  of  Edward,  who  was  illegitimate)  and  putting  by   0)  Speed  p. 
 Etbelred  the  right  heire  after  Edgars  deccafc,  Am  075.  Their  ele&ing  and  Crowning  4I°  41  Mif, 
 CknutUi  King,  a  mecrc  forrainer,  in  oppolitionto  Edmund  the  right  heire  to  King   42   *  ?°4,    !* 
 EtbelreJyArmo   1016.  Of  Harold  undHardil^nuie,  both  elected  and  crowned  Kings  4^8  lig  t</ 
 (utecifively  without  title,  Edmimdmd  Alfred  the  right  heires  being  difpo defied,  and    4f6.46$>46-! 
 the  ratter  imprifoned  and  tortured  to  death,  Anno  1036.  and  104.0.  yet  after  Hardi-    ?48>)4M  s°> 
 tt/deceafe  Edward  (Turnamed  the  Confefifor)  wascholen  King  by  content  of  Par-   *?a'  *9l  l6x 
 Uament.    And  the  Englim  Nobilitie,  upon  the  death  of  King  Harold,  ena&cd,  Tb  tt   rlr^uHtth 
 none  of  the  Vamp  blond  jheuld  any  mora  reigne  over  them.    After  this  Kings  death,  Ed-   Weft.Malmsbt. 
 garEtbelin^  who  had  belt  title,  was  rejtftcd,and  Harold  cledted  and  crowned  King:   Hmt.Eadr.enH 
 fo  after  William  the  Conquerors  dccea.{e,An?io  1087.  Robert  the  elder  brother  was   Pdi**jV*tfingm 
 pretermitted ,  and  William  Rufus  the  younger  brother  crowned  and  eilablilhed  in  the  pffi  \r    ■[ 
 Throne :  After  whofe  death  R?;ry  the  firit3  his  younger  brother  (though  not  next   fag    <> 
 heire)  wasclefted  King  by  the  Clergy, Nobles  and  Commons, {who  rtfufed  to  admit  Srew9Bmi 
 of  any  King  but  with  capitulations  and  cavtati  to  their  oxvne  lihati-g)  upon  faire  promifes  fir   **fP#*rd>Mar- 
 reform  in/  bad  and  rigorous  Lawes,  remijfion  of  Taxes  exacted  on  the  Subjects,  and  pun  i ft-   o-  ^^''''r a 
 
 ft  of  tbe  cbiefe  caufers  of  tbem9  and  a  fokmne  Oaih  to  frame  good  Lawes,  and  ratijie   \n  rj 
 Saint  Edwards  L  trees-  all  which  he  really  performed.  So  after  the  death  of  Richard  rail    lives  of 
 the  firfl,  John  Earleof  Morton  was  elrablifhed  and  crowned  King,  and  his  Nephew   tJlcfc  King.. 
 Arthur,  the  right  heire,  disinherited.  And  he  dying,  his  fonne  Henry  the  third   was 
 clefted  and  crowned,  and  Lewis  fmade  King  in  his  fathers  life  by  the  Barons) remo- 
 ved. The  like  we  finde  in  the  cafe  ofK.  Henry  \.  K.  Edw.  4.  and Richard  the  third, 
 nudeKingsby  A&s  of  Parliament,  by  our  Popifh  Prelates  and  Noble*  wieh  the 
 Commons  content,  upon  unlawfull  or  doubtfull  Titles,  by  way  of  usurpation, 
 and  the  right  hereditaiy  line  put  by.  Such  a  tranfeendent  power  and  jurifdicticn  as 
 this  to  dilinherit  the  right  heire  and  transferre  the  Crowne  to  whom  they  thought 
 meetelt,  neither  the  prelent  nor  any  other  Protectant  Parliaments,  Peeres  or  Sub- 
 jects ever  exercifed,  though  Popilh  Parliaments,  Prelate?)  Lords,  and  Commons 
 hare  thus  frequently  done  it;   of  which  you  may  reade  more  in   25  H.  8.  c  22.  20 
 H.  8.C.12.  28R8.C.7.  35R8.C.T.  and  other  Afts  hereafter  cited. 
 
 Thirdly,  the  Lords  and  Commons  in  times  of  Popery  have  fent  out  Writs  and       ^  y.T  p    . 
 fummoncd  Parliaments  in  the  Kings  name,  and  forced  the  King  to  call  a  Parliament   fr/f  p.  242. to 
 without  and  againft  his  full  confent.  Thus  Anno\2\\.  (z)  the  Rarons  petitioned   2%^Dtniel9pm 
 King  John  to  con&rmQ  Magna  Cb  trt  1  and  their  Liberties  tendered  to  him  ;  who  ha-    ^2'Hj,Mf 
 ving  heard  them  read,  in  great  indignation  asked;  Why  the  Baro??s  did  not  likewife 
 demand  the  K>?igdrf?je~>  and  (wore,  that  he  would  new  grant  thofe  Liberties  whereby 
 
 B  bimfelfe 
 
I  o  ?  be  I  reachery  and  Dt/toyalty  of 
 
 bimfelfe  (Jjould  be  made  a  few  ant  :  So  harfh  a  thing  is  it  (writes  Daniel)  to  a  power 
 that  bath  once  gotten  out  into  the  wide  liberty  of  bis  will,  to  beare  againe  of  any  reducing 
 within  bis  circle  :  not  confdering,  bjw  thofe  who  inherit  Offices  fucceed  in  the  Obligation  oj 
 them,  and  that  the  moft  certaine  meanes  to  preferve  unto  a  King  bis  hfngdome  ,  if  to 
 pojjejje  them  with  the  fame  conditions  that  he  hath  inherited  them.  The  Barons  hereup- 
 on raife  a  great  Army  at  Stamford,  wherein  were  2000.  Knights  beiides  Efquires, 
 conftituting  Robert  f "it zrW r alter  their  Generall,  intituling  him,  the  Marfball  of  the 
 Army  of  Cjcdand  holy  Churchy  feizeupon  tin  Kings  Caflles  :  and  the  Londoners  fending 
 them  a  privie  mefiage  to  joyne  with  them,  and  deliver  up  the  City  to  be  guided  by  their 
 difcretion:  thither  they  repaire,  and  art  joyfully  received  under  pa&  of  their  indempnity. 
 After  which  they  fent  Letters  to  the  Earles,  Barons,  and  Knights  throughout  England,  who 
 feemed^altbough  fainedly)  to  adhere  to  the  King,  exhorting  them  with  a  comminution^  that 
 as  they  loved  the  indemnity  of  their  goods  and  poifelfions,  they  mould  defert  a 
 perjured  King,  and  that  adhering  faithfully  to  them,  they  fhould  with  them  ftand 
 immovably, and  effe&ually  contend  for  the  Liberties  and  peace  of  the  kingdome. 
 which  if  they  contemned  to  doe,  they  would  with  Armes  and  Banners  dhplayed, 
 march  againft  them  as  publike  enemies,  fubvert  their  Caftles,  burne  their  houies,and 
 edifices,  and  not  ceafe  to  deftroy  their  Ponds,  Parkes,  and  Orchards :  Whereupon  all 
 the  Lords,  Knigbts,  and  people  deferting  the  King,  who  had  fcarce  feven  Knights  in  all 
 left  with  him,  confederated  themfelves  to  the  "Barons.  Ihe  King  feeing  bimfelfe  generally 
 fnrfaken,  counterfeits  the  Seales  of  the  Bifhops,  and  writes  in  their  names  to  all  Nations  5 
 that  the  Englifh  were  all  turned  Apoitates ,  and  whofbever  would  come  to  invade 
 them,  he,by  the  Popes  confent,would  conferreupon  them  al  their  lands  and  pofle£- 
 (ions.  But  this  devife  working  noeffett  in  regard  of  the  little  credit  they  gave  to  and  con- 
 fidence they  bad  in  the  King,  the  truth  being  know??e,  all  men  detected  fnch  wickednefjes  and 
 forgeries,  and  fo  the  King  fell  into  his  ownefhares ;  Hereupon  the  King  fearing  the  Barons 
 would  take  all 'bvs  Cables  without  any  eb facie,  though  be  conceived  an  inexorab'e  hatred  a- 
 gainfi  them  in  bis  heart,  jet  he  craftily  diffembled,  that  be  would  make  peace  with  them  fir 
 the  prefent;  ut  cum  fur  tint  fur  rexi  (ft,  in  diffipata  agmina  acrius  fe  vindicaret •  &  qui 
 in  omnes  non  poterat ,  in  fngulos  dejtviret.  Wherefore  fending  William  Marfhall 
 Earle  of  Pembroke  to  them,  with  other  credible  meffengers,  he  certifed  them,  that  for  the  good 
 of  peace,  and  the  exaltation  and  honour  of  his  kingdome,  he  would  gladly  grant  them  the 
 Lawtsand  Liberties  1  bey  de fired  ;  commanding  the  Lords  by  the  fame  meffengers  that  they 
 pould  provide  a  ft  day  and  place,  where  they  might  meete  and  profecute  all  theCe  things* 
 Who  related  all  tbefe  things  deceitfully  imprfed  on  them,  without  fraud  to  the  Batons  at 
 London;  who  appointed  the  King  a  day  to  come  and  conferre  with  them  in  a  Meade 
 betweene  Sumes  and  Windfor,  called  Running-mead e  ;  on  the  15.  day  of  June.  Where 
 both  parties  meeting  at  the  day ,  and  conferring,  the  King  perceiving  his  forces  too  weahg 
 for  the  Barons,  who  were  innumerable,  e  a fly  granted  their  fubfcribed  Lawes  and  Liberties 
 without  difficulty,  and  confirmed  them  with  his  Charter,  Hand,  Scale,  Oath^  Proclamations, 
 fa)Mattb.Park  and  other  affurances,  which  you  (Lall  heare  anon  ;  This  meeting  Daniel  and  others 
 p  96  yj.Dankl  ftile  a  Parliament  (as  well  as  that  at  (a)  Clarindon  and  other  afTemblies  in  the  open 
 p.85.  fj  eld)  the  great  Charter  being  therein  firtt  confirmed  ;  which  Parliament  the  King 
 
 (b)Matth.Pam  ^y  force  Qf  Armcs  was  c  unftrained  to  fummon. So  (h)  Anno Dom.  122 5. King  H<nry 
 Daniel  *p  t<i  the  thivd  cancelling  the  Charter  of  the- Forefi  at  Oxford,  pretending  that  he  was  under 
 1  j  1.  "  age  when  lie  Jealed  and  granted  it  at  firjl,  and fi  a  nullity;  Hereupon  the  Barons  confede- 
 
 rate 
 
Papifls  to  their  SoVcraignes.  i  f 
 
 rate  by  Oath,  and  put  themfehses  vi  Armes  at  Stamford,  from  i  tm  to  the 
 
 King,  requiring  him  ft/make  reft  it* tint  without  deity  of  tbt  Liberties  of  the  Fortes  /-. 
 
 mrcllcd  at  Oxford,  otbermifi  they  would  compeU  him  thereto  with  the  /word .  to  avajd 
 which  danger  he  mm  ed  tifitmmm  a  P.  irli  iment  at  Northampton,  where  a   concord  (c)Matil  fork 
 
 xvm  concluded  *n  all  hand*,  Anno  i  2 26. and  Co  the  Parliament  brake  up,  (c)Anno  1237,   -''     :  *  ■    4*  •• 
 Henry  the  third  MicenHng  his  Nobility  and  generally  all  his  Subjsas,  by  hisentcr-  ^  .4*1.4**. 
 tainmentof  Forainersby  whom  ho  was  ruled,  by  marrying  liis  filter  £/iawr  to  Si-  7~,f* 
 Wton  de  Monfort  a  uwni  (bed  Frenchman,  and   his  opprcfHons,  contrary  to  his  Oat1]  "/ 
 
 and  promiie  in  Pari,  that  year,  put  them  into  a  new  commotion  ,  who  thereupon   Gr*fionJ>an, 
 made  a  hard)  Remonflrance  of  their  grievances  to  him,  by  his  brother  Richard,  by  means  f- '  57- '  5  8. 
 whereof  the  King  was  forced  to  call  a  Parliament  at  London  Anno  1238.  whither 
 the  Lords  came  armed  toconflraim  the  King  (if  he  refuted)  to  the  reformation  of  his  cour- 
 Jcj.  (d)  Anno  1250.  King  Henry  is  againe enforced  £y  theBarons  and  24  Pe&res  to  call   (fl/faffi  pg 
 a  Parliament  at  Oxfoid   and  at  London  againft  bus  will ,  and  to  affe?a  to  srdinances    ri*,  p.Vj8  94* 
 t brain  made.:  And  ^/«o  1 2 64.  he  was  likewife  contained  to  call  two  other  Parlia-   94i*9**-D*iu 
 nients  at  London,  and  to  aiTent  to  the  new  Ordinances  therein  propo  Ctd,  which  he  Kn7:]7.l 
 did  onely  to  get  time  and  circumvent  the  Barons.   (/)  Anno  Vom,  1310.  and  isjll.   ft/a  jl^fi 
 King  Edward  the  fecond  was  in  a  manner  conitrained  at  the  infant  (application  of  Slc 
 his  Nobles  to  fummona  Z'arliament,  and  to  banim  his  Minion  Pierce  Gaicfrona-  tin/b  aJ.(j  gfu 
 gainit  his  will,  (f)  In  the  14.  and  i5.yeares  ofthisK'ing,the  Barons  railing  an  Ar-  6piUi>  D 
 my  by  force  of  Amies  compelled  him  to  funimon  a  Parliament  at  Weflminfier ,   a  nd   ^jya/tc   ^*2' 
 to  pafle  an  Aft  for  the  banifhment  of  thefe  two   great  Favorites  the  Spen'crs  w  ho   n]\\,  m,  90. 9 1  \ 
 mifcounfellcd  and  feduced  him,and  opprefifed  his  peopIe.Q^)  And  in  thelaityeare  of  92, 9 $.  Ex/ti- 
 this  Kings reignc,  his  Popifh Prelates, Nobles, and  Commons,taking him  prifoner,   un  Hugenn  It 
 fummoned  a  Parliament  in  his  name  much  againlt  his  will:  wherein  for  his   mif-   jffi     rh   f" 
 government,  they  enforced  him  to  refigne  hisCr©wne;  depofed  him, renounced   farux  fto.  co 
 their  allegiance  to  him,  and  fetup  his  fonne  King  Edward  the  third  in  his  Throne;    57.  be   h.ll.n. 
 as  you  ma v  repeat  large  in  lValfin^ham,Po'ychro?iicon.CaxUm,Fabian,  Grafton,  Hd-    Pakisn,  Speed* 
 linfhead,  Speed,  Stow,Howcs,Vanicl,  Mr.  Fax,  and  others  who  have  written  the  Hi-    G  ftoa&ameU 
 rtory  of  his  life.     In  the  ycare  1341.   (the  1 5.  of  Edward  the  third  his  reignc)  the   ^1*"^ 
 Popifh  Lords,  Prelates,  and  Commons  in  Ireland,  fummoneda  Parliament  there  hj  their   (SSHift.p.loi. 
 owne  authority,  without,  and  agalnitthe  Kings  or  Deputies  contents  •  wherein  they    10J    Tpcdigm, 
 framed  dizers  Queft  ions  and  Article!  tviinfl  the  Kings  Minifters  there  implied,  (which    Ncuftr.  l-i<J9* 
 the  trifb  (If)  Annals  record  at  large)  refnfing  to  appeare  at  the  Parli  intent  there  fummom  d    l\  ° 
 by  the  Kings  authority  and  Officers.  I  reade  in  the  Statute  of  21  K.  2.  c.  12.  fand  ouv    Briton,  th 
 (J)  Hillorians  have  a  touch  of  it.)  That  the  Duke  of  Ghrefler,  and  tht  Earles  of  A-    Engtilli   edit*- 
 
 tg  to    \Va 
 jummon  a  Parliament  at  Wefimmfier  the  morrow  after  the  Purification  nf  our  Lady,  tic    i<    :~  1 1  Or 
 
 tnth  scire  of  his  r eigne  :  Which  Parliament  fo  begunne,tlx  faid  Vul^e  and  Earle/  in    *'-K.a- 
 
 fuch  forcible  manner  continued ;  and  in  the  f.tme  did  give  many  and  divers  hidgtments, 
 
 of  well  of  death  of  man  sr  other-rife,  ttpen  dizers  of  the  Kings  lieqe  people,  and  did  (>ize 
 
 went  of  forfeitures  of  lands,  tenement J,  floats,  and  cattels,  whereof  they  he  cotaiB  of 
 
 higbTreafon-,  and  alj*  for  certaint  a/tcfiions,  which  wire  demanded  Ly  the  Kin  7  tombing 
 
 £  2  bit 
 
IZ 
 
 The  Treachery  and  Pijloyalty  of 
 
 his  tfiate.  and  regality  3  of  certainc  of  bis  Judges,  then  at  Notingham  the  fame  ye  are.  And 
 far  their  anfmtrs  ofthefami,  given  to  the  King  upon  the  fame  queft  ions  }tbe  fame  Juftices  rvere 
 forejudged  of  their  lives,  and  judgement  given  againft  them  offorfaiting  their  Lands,  Goods 
 and  Chattels  •  and  the  [aid  Duke  and  Earles  made  divers  Statutes  and  Ordinances  in  that 
 Parliament  at  their will,  the  fummons  whereof  was  made  expreffely  againft  the.  right  of 
 the  Kings  Crorvne,   and  contrary  to  the  Liberty  and  Tranche fe  ofbkperfon  and  Roy  all  eft  ate  : 
 Whereupon  it  was  by  this  packed  over-awed  Parliament5and  A^annulIed5revoked 
 and  holden  as  none  •  as  a  thing  done  without  Authority,  and  againft  the  will  and 
 liberty  of  the  KingDand  the  right  of  his  Crown.  Yet  it  continued  in  full  force  for  io. 
 yeares  fpace,during  which  time  there  were  8  Parliaments  held  which  would  not  re- 
 peale  krandby  the  Parliament  in  lH.4.c.3,4.this  Parliament  of  2 1K.2. was  repealed 
 with  all  the  circumltances,  and  dependants  thereof ;  the  Parliament  and  Statutes 
 (ki)  Wi  IfniVah   0f  1 1  R%2.  Revived,  and  enatfed  to  heftrmely  holden  and  kept  after  the  purport  and  ejfeff  of 
 u°ffr   fTruT-  f^efame^  <**  a  thing  made  for  the  great  honour  and  common  profit  of  this  Realme.    After  this 
 filyff0ws9in.il   m  tne  23  yeare  of  King  RicW*/  the  third,  when  he  had  ycelded  himtelfe  prifbner 
 K.2.  &  i  H.  4.    to  Htnry  Duke  of  Lancafter ;  the  Duke  comming  with  him  to  London,fent  out(k)fum- 
 Fnx  Alls  and      mms  for  a  Parliament  to  he  holden  the  Uft  of  September,  in  the  Kings  name,  (fore  againft 
 Mn.v3Li.  edit,  fa  wiif)  anc[  enforced  him  firU  to  refignehis  Crorvne  unto  him,   and  afterwards caufed 
 '"     /  him  to  bee  judicially  and  fokmnelj  depofed  by  conjent  of  all  the  States  of  the  Realme  in 
 
 Parliament,  for  cert  aim  abufes  in  his  Government  objected  againft  him ;  The  whole 
 manner  of  which  resignation,  deprivation,  and  proceedings3you  may  reade  atlarge 
 in  our  Hiftories. 
 
 Thefe  Popifh  Prelates,  Lords  and  Commons,  enforcing  their  Kings  to  fiimmon 
 all  thefe  Parliaments,  ("with  others  which  I  pretermit)  might  feeme  to  have  fomc 
 ,         <M  -  *eSa^  colour  from  the  ancient  Law  of  King  J4//re^;  who  in  an  adembly  of  Parlia- 
 rsur  iflv.ilues    ment  (0  EnaUed  this  for  a  perpetuall  Cuitome  :  That  a  Tarliamentfhouldbe  called  to- 
 cA.feh^pAC.  gcther  at  LondonT\N  ICE     EVERY     YEARE,    OR    .OFTNER,f«*i«e 
 Cos!<es  Inft  it. on  .of  Feace,  to  keepe  the  people  of  God  from  fin,  that  they  might  live  in  peace,  and  receive  right 
 Lit  f-.no.  and  y  certaineufages  and  holy  judgements And  from  the  Statutes  of  4  E,  3.  c.  4.  &  36  E.  3. 
 the  Brefcc  *      c*  I0*  (  Dacking  this  ancient  Law  J  which  enact :  that  for  the  maintenance  of  the  Lawes 
 Sptlm  Condi*   and  Statutes,  and  redreffe  of  divers  mif  hie fes  and  grievances  which  daily   happen,  a  Tar- 
 JFfJH.i*W    liamentfhall  beholden  EVERY     YEARE    ONCE,and  MORE    OFTEN 
 IF     NEED    BE.     Nov/  thefe  Lawes  would  have  beene  meerely  voyd  and  ineffe- 
 &ual,if  thefe  Kings3who  were  obliged  by  their  Coronation  Oathes  to  obfervethem, 
 refuftng  to  call  a  Parliament  as  often  as  there  was  need,  or  at  leaft  once  every  yeare, 
 according  to  the  purport  of  thefe  Lawes,  might  not  be  contained  by  their  Nobles^ 
 Prelates,  pebpleto  fummon  them,  in  cafe  they  peremptorily  refuted  to  call  them  of 
 their  owne  accords,  or  upon  the  motion  or  petition  of  their  Countell,  Lords  and 
 Commons.     Whereupon  in  the  Bill  newly  paffedthis  Se(Tion,  for  a  Trienniall 
 Parliament,  for  time  to  come,    there  is  fpeciall  provision  made  how  the  Parliament 
 {Ball  befummonedand  convenfced  by  the  Lords,  Commons,  and  great  Officers  of 
 the  Realme,  themfelves,withQKt  the  Kings  concurrent  aflent,  (though  by  his  Writ 
 and  in  his  name  J  in  cafe  of  his  neglcft  or  wilfull  refufall  to  fummon  one  within 
 that  time. 
 {m)Surm  ton,      Neither  is  this  a  thing  unufuall  in  other  parts.  In  the  (m)  General!  CouneeU  oFNire 
 1  .Goncilp.%i*  An,  363,  Canon  5 .  it  wis  decreed ;  That  a  Comcdlfiouldbe  held  TWICE   EVE- 
 RY 
 
Tapifts  to  tbcir  SoVcraignes. 
 
 R.V    YEA  RE  in  every  Provincei  .      .   S 
 
 (n)CoHncett  \   Can.  20.  veart  iu'eviryPro-  (n)Sum 
 
 Kalter,  tkcotheri  nd  de-  ) 
 
 mdeontroverfiet.  Andinthei.(o)Counce]JofC  ,  ,/r  r*-  1".. ,:;V"; 
 /.'//y.V,  Can.  3.  The  Council  of  Afric^  Can.  18.  P<pc £e 0 the firft,  in  his  Decretal]  575.7$*! 
 FpilHeSj  Ej  7.  The  Counfell  of  Chalcedony  Can*  19.  the  third  Counfell  of 
 
 T  V'  under  King  .  cap.  iS.  the  ibuith  Counfell  of  T^y/,/,  im-  72*-^*4;< 
 
 da'Kini^'*/iv/.v/'< 
 ,  cap.  iS 
 1.  and  the 
 
 Connfell  of  Aiirelia,  cap.  22.  t he  Counfell  at  Hov/W,  under  King  i>/W,  An.6yo.  *># 
 in  Ee<fcV  Ecclefiaft.  HilL/4.  c  5.    Po}  c  G/^/;r;  thefiift  in  his  Decretal!  EpifUes3  /:','. 
 7.  F  ri/rr/,Epiu\no.  the  fixt  Counfell  of  Cvnfiantinopk,  Can.  S.  the  Counfell  of  \      \  ' 
 Antricnm,  Can.7.  the  Counfell  of /^/,/p>/,  Can.2o;  (/>j  Pope  Gre^ry  the  third  his   t'^Awtij  ■" 
 Decretall  Epiftles.    The  Synod  of  Sueffons9  under  King ChilderiCj  the  Counfell  un-  159. 
 der  King  Pepin,  at  the  Palace  of  Vernu^  An.  755.  cap.  4.  The  Counfell  of  F^r^un-  C/o  '.-     - 
 derI«n?^,andXo^jire,/f».829.A3.cap.  ii.ThcCoBnicllof  Meldes,  An.  845.  cap.   *  £*4*4-«4*j 
 32.  With  fandry  other  Counfells,  decree,  that  a  Synod  or  Counfell  Jfcj#&  kgn  twice  4°* ' 
 (or  at  the  lcalt  once)  ez/eryj  eare,  at  a  cert  awe  time  and  place  in  every  Province  5  thai  all  Ei- 
 flops  and  other  si  nnh  (fe  hindered  by fic^neffe,  or  other  inevitable  occafiow,fhould  be  frefint  at 
 it,  and  not  depart  from  it  till  all  b>{ fine  ffes  voire  ended,  and  the  Counfell  determined,  tm 
 paine*  xmunication^  that  Kings  by  theit  mandates  fbculd  not  interrupt  theie  Cotin- ■ 
 
 fells,  n  re  kgepe  backe  any  Members  from  them.  A  nd  to  the  end  they  might  be  the  more 
 duely  obferved  without  interruption  for  want  of  a  new  Summons ;  they  lifcewttc 
 decreed  5  cc  That  before  the  Counfels  determined,  they  mould  (till  appoint  both 
 cc  the  day  and  place,  when  and  where  the  next  Counfell  Ihould  affembie,  of  which 
 "every  one  was  to  rake  notice,  and  to  appeare  there  at  his  perill,  under  paine  of 
 "excommunication  and  other  cenfure,  without  any  new  citation.  Tea,  the  Great 
 {q)  Counfell  of  Bafil,  Ah,  1431.  Stffim  15.  provides  and  decrees-,  <c  That  in  every  fe)*wa»-W« 
 ct  Province  an  annual],  oratleafta  bienniall  or  trienniall  Counfell  at  fartheit,  (hall  4^'44' 
 ,c  be  kept  at  a  fet  time  and  place,  where  none  mould  faile  to  meet  under  paine  of  for- 
 titing  halfe  their  annuall  Revenues ;  And  if  the  Metropolitan,  without  lawful! 
 "  impeaiment,(bould  negleft  to  fummon  fuch  Counfels  at  the  times  appointed  .  he 
 "  (hould  for  his  firft default  forfeit  the  morty  of  his  Revenues  5  and  ii 'within  three 
 <c  moneths  after  he  negletted  to  fummon  the  faid  Counfell,then  he  Was  to  befufpen- 
 Cc  ded  from  all  his  Offices  and  Benefices,  and  theancienteii,  or  molt  eminent  Biihop 
 cC  in  the  Province  in  his  default,    or  any  other  that  by  cuiiome  ought  to  doe  it,   was 
 
 1  lupply  his  neglcft  in  affembling  and  holding  the  Counfell.  As  it  was  thus  in  (r)See-MSpei. 
 fummoning  Counfel?,for  the  government  of theChurch,and  Ecclefiafticall  affaires:  cf  ^-^'n.i.p. 
 (  many  of  which  Counfels,  as  is  evident  by  (r)  divers  Saxott,  Britifi,  Spanifh,  French  ]{n9^  &***?' 
 e  no  other  but  Parliament J,rvhertm  the  Kong  and  all  temporal!  eft  ate  s  afjhnbkd,  biff.  Norm  /a 
 fate  in  Counfell  as  well  as  the  ? relates  andClergie,  as  they  did  as  well  in  generally  as  V-&7-  CotuTote. 
 in  Nationalland  Provkiciall  Counfels5)fblikewife  in  calling  Dias,Pailiamems,and  8-r2andorhcis 
 General  Aflemblies  of  the  Eitates/or  fetling  and  ordering  theCivili  affaires  of  King-   "  °"f  ■ 
 
 domes.   Not  to  mention  the  power  of  affembling  the  Roman  Senate.,  1  eliding  prin-  0)Commomv ' 
 cipally  in  the  Confuls,  as  Q)  Bodin  proves  at  large,  /.$  c.i.   ' 
 
 B  3  la 
 
1 4  The  Treachery  and  Di(loyaltj  of 
 
 V 
 
 In  the  (t)  kingdome  ox'Aragon  in.  Spaine,  of  ancient  times  by  an  ancient  ftatuteof 
 (t)  Hieronymm    Cc  that  Kingdome,  a  Parliament  or  general!  affernbly  of  the  States  was  to  afiemble  at 
 Rlai!fmmRcfum   cc  a  let  time  and  place,  once  every  yeare  at  leaft,  and  of  later  times  by  ojther  Lawes, 
 co7iw?n^-764   "  onct  evlery  fecond  ycare.     Neither  can  the  King  or  Aragon  hinder  or  adjourne  this 
 fjjYT.tf 83,689..    «  Aflembly  above  forty  dayes  at  molt,  nor  adjourne  or  diffolve  it  when  met,  but 
 723,724.         BY    THE    GENERALL   CONSENT  OF     ALL    THE    COURT. 
 ccAnd  during  the  Interregnum,  when  there  is  no  King,  the  Eftates  themfelves  have 
 cf  power  to  aifemble  and  make  Lawes,  notonely  to  binde  themfelves,  butthefuc- 
 (n)Nrckol-  iftb.  «  cecding  King :  As  they  may  likewife  doe  in  Hungary  5  where  the  (it)  Grand  Fa- 
 de Rebus  Vng.  « iat'mt  (elected  by  the  Eftates  of  Hungary  aiwayes  in  their  Parliament,  not  the  King) 
 bifiu.6.f.  4.  5  jurjng  tne  jTtfgjyegHWB  hath  power  to  call  a  Parliament  or  gencrall  aflembly  of  the 
 Sutesof  Hungarj,  to  make  obligatory  Lawes,  as  well  to  fucceeding  Kings  as  to  the 
 Cc  kingdome. 
 ¥  .  *Hieronymuf  Blanca  recites  this  Law  of  King  Janus  of  Aragon,f or  altering  their 
 
 Commcm.M<h.  Annuall  into  a  Bienniall  Parliament,  Cum  in  Cur  in,  quas  Regesfuis  Cub ditvs  celebrant , 
 765.  ea  qu£funt  ad  conjervationem  pads,  acjujlitU,  &  Statumpacificum  Regni,  &  Regimen 
 
 fubditorum,  &  ad  tultionem  &  augmentum  Reipub:  ordinent  &  difponant  :  Nos  Jacobus 
 Dei  Gratia  Aragonum  Rex,  Licet  jam  per  iUuftrijJimumVom'mnm  Regem  Petrum,  re- 
 colend£  memorU  patrem  nofirum,fiatutumfuijjet  in  favorem  Aragonendum  ;  Quod  ipfi  & 
 fui  Succejfores  (Vtl  OLIBET  ANNO  evs  curiam  celebrant  in  Civitate  Cjefar- 
 Auguftae,  quod etiam ftatutum  fuit per  "Dominum  Regem  Alfonfum  clart  memorUfratrcm 
 nofirum,  &  per  nos  pofimodum  confirmatum.  Nunc  vero  attendentes  ad  Communemutiiita- 
 tem  totius  Regni  Aragonum,  quia  loca  ubi  Curie  celebrantur,  propter  congregatiomm 
 ■  gentium  magnum  fitfeipiant  incrementum;  DEVOLUNTATE  &  A  S  S  E  N- 
 Sir  Trddatorum,  Religiofiorum,  Baronum,  Mefnadtriorum,  Militmn,  &?rocuratorum 
 Civitatum,  ViUarum,  &  Villariorum  Aragonum,  in  bac  Curia  amgregatorum  :  Statui- 
 mus ,  &perpetuo  ordinamus,  §)uod  de  c£tero  nos  &  JucceJJores  nottri  faciamw,  &  ce- 
 lebremus  Curiam  generalem  Aragonum  DE  BIENNIO  IN  BIENNI- 
 UM,  in  Fefio  omnium  SanBomm,  in  quacunque  Civitate,  Villa,  vel  Villarzo  Arago- 
 num, ubi  nobis,  &  fuccefforibus  nofir  is  melius  f  tier  it  vifum  expedite  ;  non  ubfiantibw  fia~ 
 tuto&  ordinationibus  prxlibatis.  Inaliisvero,  Privilegio  generali  Aragonum,  &  Forts 
 per  nos  jameditis,  in  fuo  robore  duraturis.  Et  \j£c  Juramus  per  nos  &  fuccefilres  noflroj 
 pertetuo  obfervare.  Et  Pr<elati  &  Religiofi,  qui  in  diBa  Curia  erant,  ]j£c  firmarunt,&  fia- 
 rmes,  Mtfiiadarii,  Milites,  &  Procurators  Civitatum,  ViUarum,  &  Villariorum  fimi- 
 liter  Jurarunu  Which  Law  was  afterwards  fomewhat  altered,  rerlrainiag  thefe 
 Parliaments  to  fome  To  wnes  of  great  P^eceit.  And  concerning  the  forme  of  their 
 Parliaments  and  their  Kings  power  to  adjourne  them,  or  not  adjourne  them,  he 
 writes  thus.  In  Com  itm  Relpub:  nofir a  quafii  integrum  qit)ddam  fingitur  corpus  ;  cu- 
 ius caput,  ce?j)etur  Rexitruncw  vero  corporis,  ac  membra  in  eolocata,  ipfi  O-rd'mcS  .  Jufii- 
 tiaautem  Aragonum.,  collum,  qnodutrumque  conjnngit,  &  corporis,  &  capitis  faucihus 
 adh£refiit.  Ad  noftra  igitur  comitia  hi  quatuor  Or  dines  evocandifunt,  Evoeantur  autem 
 finaulatim  per  liter  as,  quas  apellamus,  las  Cartas  deUamamiento,  In  bis  aRcgibuspropj- 
 nitur  ratio  confilii,  quo  duUus  Comitia  babenda  decreverit^  turn  ipfirum  Comitiorum  did- 
 tur  dies,  acopportunw  defignatur  locus.  Ve  cujus  mutatione,  <m fieri pofjit,  ab  eodem  AIo- 
 lhh>  b£c  traduntur.  Si  in  aliquo  loco  fiunt  fiemel  convocat£  CurU  gemrales,  &  incepts, 
 NON     POTEST     I L  LA  S     M  U  T  A  Pv  E  fin  cominuare  deminw  Rex  ad 
 
 alium 
 
Tapi/is  to  their  Soreraignes.  i  5 
 
 alium  locum  B  egui,  NISI  TOTA  CURIA  GENEKALI  CONS  EN- 
 TIE  NT  i  E,  Ej  idem  faulop  -J?.  Tame*  Ji  Cur  It  generates  nmdmn  funt  mtegre  con- 
 jveaata.  feu  incept*  $  tunc  DominmRexi  etiam fine  Curia  fotefi  iliat  mandate  coutinuari 
 vijum.  Et  ifia  cenwuuth  Get  per  jufliti  am  Arugonum,  feu  ejue 
 Lj  urn  tenenti  tn*  Quibw  poteritDommw  Rex  mmdare7  quid  ill  as  continueni  ad  locum  do- 
 minoKegi  beucvijum.  Jusefiamem  ;  Ne  comitia  nofira ultra  quadragima  dies  jwffunt 
 differri. 
 
 *  The  Eft  ate  s  and  Parliament/ generall  of  France,  under  the  Kings  ofthe  fecond  Line,  *  Andrew  Pa- 
 met  and  heldbut  twice  in  tbtyeare  only,  according  to  the  Testimony  of  Hincmarus  Arch-  vim  his  Tbe§tre 
 bifhop  of  Reimes,  drawne  from  the  Narration  ofthe  Abbot  or'  Corbie  Alard,  who  °fJ&nair.l.i.c< 
 lived  in  thetimeof  Charlemayne  ;  underthc  Reigne  ofKing  Lewis, called  Sancfus,   I1tf»*7$.i7*« 
 when  ¥  ranee  was  in  her  rlourifhing  Eilate,  and  the  Princes  and  Lords  were  of  fouple 
 nature,    ranking  with  the  termes  of  duty  and  obedience,    the  Parliaments  were  til- 
 led and  allured  at  ccrtaine  feafons  ofthe  yeare.    For  in  times  of  Peace  foure  Parlia- 
 ments were  holden  yearely,  or  three  at  the  lead.    And  the  (ame  was  ufed  under  the 
 Reigne  ot  his  Sonne  Fbilip  the  Hardy,   Third  ofthe  name.    In  the  time  of  Philip  de 
 'Bel.  his  Sonne,  King  ©f  France  and  Navarre,  they  were  reduced  to  two  Parliaments 
 yearely  according  to  the  ancient  cuftome ;   One  in  Winter,  and  the  other  in  Sum- 
 mer during  Peace ;  and  but  one  in  Winter  during  Warre.    (  It  appeareth  neverthc- 
 lefie  by  the  Regitters  ofthe  Court,  that  by  hindrance  of  warre  againlt  the  Rebelli- 
 ous F lemmings,  there  was  not  any  Parliament  during  fomeyeares  ;)  And  the  King 
 by  his  Ordinance,  dated  the  Munday  after  Mid-lent,  An.  1302.  (fet  downe  in  the 
 Renter  of  ancient  Orders  oi  Parliament,  fol.  45.)  Willed,  that  for  the  commodity  of 
 his  Subji  els  there  fhmld  be  every  yeare  two  Parliaments  at  Paris,  and  in  other  Provinces ;   aB 
 Andrew Favin  Records:  By  which  it  is  apparent,  that  Parliaments  in  France,  Spaine, 
 and  other  kingdomes,  *vere  not  arbitrarily  called  at  the  Kings  free  pleafures  as  M- 
 domcas  they  pleafed,  but  frequently  fummoned  every  yeare,  once,  twice,  or  more, 
 atcertaine  feafons,by  publike  Acts  ut  Parliament,  for  the  better  government  of  thefe 
 ReaJmes,  rcdreffeot  grievances,  and  prefci  vation  ofthe  peoples  Liberties  againil  all 
 rOyall  encroachment's  on  them.  • 
 
 In  Germany,  though  Diets  and  Affcmblies  of  the  States  be  commonly  made  by  the 
 
 Emperours,  and  in  their  names ;  yet,  wc  find  that  the  Princes  Electors,  and  Eitates  (x)  Sjc  trim* 
 
 havcaffcmbled,  notoncly  without,  but  againft  the  Emperours  contents,  when  they  fitfhAuevaimti 
 
 faw  good  caufe  •  and  not  onely  queltioned,  btrt  depofed  their  Emperours,and  cleft-   J?fEt»S!  '[' 
 
 1     &    .       ■    •    n       t         c     l-   u    l  r     j  j  •       ii-  r/    \   t         2>atflhSvfpe>g» 
 
 cd  new  in  their  iteads,  ot  which  there  are  iundry  precedents  in  the  lives  or  (x)  Lu-   0!f:c  Frl'fin£en. 
 
 dovrwpius,  Henry  the  I,  4,  5)  <S7 •   Fredericks  Barbaroffa,  Charles  the  Groffe,   Wince-  ffernu Scbcdtk 
 
 (law,  Philip,  Othotbe  fourth,  Ludwicus  Bavarus,and others.    In  this  regard  there-  Anton.Opinnr. 
 
 tore  of  forcing  Kings  to  fummon  Parliaments  (fo  frequent  with  Popifh  Prelates,  ^it^te^L 
 
 Peeres,  Subj-jfts,both  in  our  ownc  and  other  Realmes)  our  prefent  Proteftant  Par-  0fa\  s  ■„  ^tir 
 
 liament,  and  all  others,   fince  the  Reformation,  have  becne  more  moderate  and  du-  lives  and  hifto- 
 
 tifull,  thenthofc  in  times  of  Popery  heretofore-  or  then  the  Popilh  Rebels  in  Ire-  tie*. 
 
 land  are  now;  (j/)  who  have  lately  at  Kilkenny  held  a  kinde  ofParliamcnt,  ended  new  ^)Se}€  rhci T3  * 
 
 La  ires,  and  Officers  ofjuftia,  enalied  nen  Lawej  a?;d  Ordinances,  as  we  I  Civ  ill  and  crimi-  Jf.    ™*  ^ 
 
 nail  as  Martial!,  and  done  as  much  herein  without  the  Kings  ajfent  or  Commijjion,  of  our  Affembly  ar 
 
 King  and  Parliament  could  dot,  if  convened. .  Kilh$M)  1 6^2 
 Fourthly,  Our  Popifh  Barons,Prelates  and  Commons,  have  refufed  to  meete  in  Par- 
 liament 
 
lS 
 
 The  Treachery  and  Diflojahyof 
 
 (O  Mat.Paris, 
 
 47 l&c>  Speed 
 hi  ftp.  607-  to 
 6  1 1,  Danielp. 
 
 *  Who  now 
 give  the  King 
 no  inch  good 
 advice 
 
 liament  when  the  King  hath  fummoned  them  by  his  Writ,   (£)  An.Vom.   1233.  King 
 Henry  the  third  fummoned  his  Earles  and  Barons  to  appeare  at  a  Parliament  at  Ox- 
 firdy  (-where  the  King  now  refides})  but  they  all  joyntiy  lent  him  an  exprefle  meflage 
 that  they  would  not  come  upon  his  fummons,  for  that  the  Kings  perfon  went  guar- 
 ded with  FcitiovineS)  and  other  ftrangers,  who  fwayedandmifcounfelledhim  (as 
 ill  Councilors  doe  now  the  King)  To  as  they  could  not  there  appeare  with  fafety  : 
 at  which  meffage  the  King  grew  very  angry,  refplving  that  they  mould  be  once, 
 twice  and  thrice  fummoned  to  appeare  :  Whereupon  'Roger  Bacon^  who  ufually 
 preached  before  the  King,  freely  told  him,  That  if  he  did  not  remove  from  him  Peter  Bi- 
 f)op  ofWinchefler9  and  Peter  de  Rivallis  {his  malignant  Connfellors)  he  could  never  he  quiet : 
 And  Roger  Bacon  a  Clergy  man  alio  of  a  plea  (ant  wit,  feconding  Roberts  advite,  told 
 the  King,  that  Petr<e  and  Rnpes  were  molt  dangerous  things  at  Sea,  alluding  to  the 
 Bifhops  name,Pe?mr  de  Rupibus.     The  King  hereupon  comming  a  little  to  himtelfej 
 and  taking  that  good  advite  of  *  Schollers  which  he  would  not  of  his  Peeres,  fum- 
 mons  another  Parliament  to  be  holdenat  Weftminfter^  giving  the  world  to  know 
 Wlthall,  that  his  purpofe  was ,  to  amend  by  their  advife  wh  itfoever  was  to  be  amended.  But 
 the  Barons  confidering,  that fill  there  arrived  more  and  more  Strangers^  men  of  want 3 
 with  Horte  and  Amies  (as  now  alas  we  fee  they  doe)  and  not  trufting  the  PeiBo- 
 yine Faith  (  as  we  have  now  caute  to  miltrult  the  perfidious  papifts,  and  malignant 
 Cavaliers  )  and  feeing  no  footfteps  of  peace(our  prefent  condition)  refuted  to  come 
 at  the  appointed  day  ;  fending  the  King  word  by  folemne  MerTengers,  that  he  (hould 
 without  any  delay  remove  Peter  Bijhop  of  Winchester 3  and  the  otha  PoiUtovines  out  of  his 
 Court ,  which  if  he  refufed^  they  all  of  them  by  the  common  confent  of  the  whole  kingdome, 
 would  drive  him^  with  his  wicked  Counf ell  ors^it  of  the  Kingdome^andconjult  about  creatine 
 &  new  King.     Thefe  things  thus  a&ed,  the  King  was  much  deje&ed  in  mind,  and  all 
 his  Court  too,hanging  downe  their  heads,and  fearing  not  a  little, left  the  errors  of 
 the  Sonne  mould  become  worfe  then  the  Fathers  errors,  whom  his  Subjects  indea- 
 vouring  to  depofe  from  his  Royall  Throne,  almoft  detruded  him  to  that  name, 
 ivhich  was  given  him  by  a  certaine  prefage ;  John  the  Banijhed :  Wherefore  Ire  could 
 eafily  have  beene  drawne  to  redeeme  the  love  ofhis  naturall  Liegemen,  with  the  dif- 
 grace  of  a  few  ftrangers. 
 
 But  the  Bifhop  ®fWimbeftery  with  other  his  ill  Councilors,  and  PoiUovim  Cava- 
 liers, counfelled  him  to tak^up  Armes  againfi  his  rebellious  Subjefh^  as  they  (tiled 
 them,  and  to  give  their  Cables  and  hands  to  them^  who  would  defend  him  and  the  kingdom* 
 of  England  from  thefeTraytors,  (  The  Couniell  now  given  to  his  Majefty,  by  his  ill 
 Counfellours  and  Cavaliers:)  hereupon  the  King  inclining  to  the  worfer  parr,  rai- 
 feth  an  Army  o£P oiUoviizefk  foraine  Souldiei  s,which  came  to  him  being  fent  for  out 
 of  Flanders,  ( from  whence  the  King  now  hath  many  old  Souldiersj  and  Comman- 
 ders lent  him)  teifeth  a  Manour  ofGuilbertBaffets,  a  Noble  man,  given  him  by  King 
 Jobn9  calling  him  Tray  tor  when  he  demanded  it ;  fets  downe  a  day,  wherein  all  his 
 Lords  he  (ufpe&ed  Qiould  deliver  him  Sufficient  pledges  of  their .  loyalty  •  and  being 
 at  Glocejlcr  with  his  Army,)whithej|the  Lords  refuted  to  come,  being  required,  (the 
 King  thereupon,  as  if  they  were  Tray  tors,  burnes  their  Manors,  deihoyes  their 
 Parkes  and  Ponds^  befiegeth  their  CalUes,and  without  the  judgement  ofhis  Courr, 
 and  of  their  Peeres,  denounceth  tl:  em  exiles  and  bammed  rr.en,  gives  their  Lands  to 
 the  PoiZtovineS)  and  adding  griefe  to  griefe,  wound  to  wound?commanded  their  bo- 
 dies 
 
Papifls  to  their  SoVeraignes. 
 
 dies  to  be  apprehended  where  ever  they  were  within  the  kingdom,  he  likewife  fends 
 a  defiance  to  the  Earle  Marlhall,  whole  Lands  he  had  walled,  who  thereupon  un- 
 derltood  himfelfe  discharged  or* that  obligation  by  which  he  was  tycd  to  the  King, 
 and  free  to  make  his  defence;  Whereupon,  he  feeing  neither  *  Faith,  mr  Oath  ,  nor  ¥  ^^ 
 Peace  to  be  kfpt  by  the  Kin?;,  or  his  ill  Counfell  ours,  who  contrary  to  their  promifc  and 
 Oath,  refuted  to  deliver  up  his  Caltle,  which  they  promifed  to  render  to  him,  upon 
 demand;  he  raifeth  a  great  Army,  and  takes  his  CaliJe.  On  this  the  King  upon 
 better  coniideration,  did  againe  promifc  and  atiirrne  ;  That  by  advife  of  his  great 
 Councell,  all  that  was  amifle  (hould  be  re&ified  and  amended  $  And  at  the  day  and 
 place  appointed,  he  holds  a  great  conference  with  the  Lords;  But  the  evill  Coun- 
 fcllers  he  followed,  fullered  him  not  to  make  good  his  promiie.  For  when  divers 
 there  prefent,  greatly  in  the  Kings  favour,withfundry  Preachers  and  Fryers,whoni 
 the  King  was  wont  to  reverence  and  hearken  to,  Humbly  befec.hed,  and  earnestly  exhor- 
 ted the  Kingto  make  peace  with  hit  Barons  and  Nobles,  and  to  embrace  them  with  due 
 atfec\ion,being  his  naturall  Subjects,  whom  without  any  judgement  by  their  Peeres  ThcParJ*- 
 he  had  banithed,  deltroying  their  Manours,  Woods,  Parkes,  Ponds 5  and  being  J**1^  ** 
 led  and  feducedby  evill  Counfels,  leiTe  regarded  his  faithfull  Sub/efts,  (  whofe  na- 
 tive blood  would  not  permit  them  to  bow  downe  )  than  Forainers ;  and  which  is 
 worie,  called  them  Tr  iytors,by  whom  he  ought  to  fettle  the  peace,order  the  Coun- 
 fels, and  difpofe  the  affaires  of  his  kingdome:  The  Bifhop  of  Winchefttr  ("offended 
 it  feemes  at  Peeres  )  takes  the  word  out  of  the  Kings  mouth,  and  anfwerS;  That 
 there  an  not  Peeres  in  England,  at  in  tlx  Realme  of  France  ;  and  that  therefore  the  King  of 
 England,  by  fuel)  Jufticiars  as  himfelfe pleafeth  to  ordaine,  may  banift  any  offenders  out  of  the 
 Realme,  and  by  judicial! procejje  condemne  them.  Which  infolent  fpeech  the  EnglipEl- 
 lhops  rclilhed  Co  hardily,  that  they  prefently  with  onevoyce  threatned  to  accurfc 
 and  excommunicate  by  name  the  Kings  principall  wicked  Counfellers ;  of  whom 
 Winehefier  being  the  foreman,  appealed ;  whereupon  they  accurfed  (and  I  would  our 
 Bifhops  would  doc  fo  now,  if  the  God-dam-me  Cavaliers  accurie  not  themfelvcs 
 fufficiently  )allilich  as  alienated  the  heart  ofthe  King  from  his  Subjetts,and  all  others 
 that  perturbed  the  peace  of  the  Realme  ;  and  fo  the  hoped  Accomodation  vani- 
 (hedinto  greater  difcontcnts.  Hereupon  the  Earle  Marfhal I  and  other  Lords  with, 
 their  Forces,  fell  pell  mc!l  upon  the  Krngs  Army,  flew  divers  of  his  Fonainers  ;  and 
 in  conclusion  drew  him  to  foch  ltraits,  that  enforced  him  to  be  capable  of  better  ad- 
 vife :  Then  Edmtotd  hixh-YAlhoy  of  Canterbury  c\c&,  with  other  furlragan  Bimops, 
 bewailing  the  clhite  ofthe  kingdome,prefcntcd  thcmfelves  before  the  King  at  Wefl~ 
 minfier,  telling  him  as  his  loyall  liegeman  (  and  O  that  fome  Bifhop  or  faithfull  per- 
 fon,  if  there  be  any  fuch  about  his  Majeity,  would  nowdeale  thus  clcarely  with 
 him,  touching  Jiisevill  Counfellors!)  cc  That  the  Counfell  of  Teter  Bifhop  of  tf7/*- 
 c  ebefter,  and  his  complices,  which  now  lie  had  and  ufed,  was  not  found  nor  fafe, 
 "  but  evill  and  dangerous  to  himfelfe  and  his  Realme :  Firlt,  for  that  they  hated 
 cc  and  defpifed  the  Eng'ijh,  calling  them  Tray  tors,  turning  the  Kings  heart  from  the 
 cc  love  of  the  people,  and  the  hearts  of  the  people  from  him  ,  as  in  the  Earle  Mar- 
 c-  fhall,  whom  (beingoneof  the  worthiest  men  of  the  Land)  by  lowing  falfetalcs 
 "  they  drave  into  difcontcntment.  Secondly,  that  by  the  Counfell  ofthe  (aid  Teter, 
 a  his  Father  King  John,  firlt  loft  the  hearts  of  his  people,  then  Normandy,  then  ether 
 l<  lands3  md  finally  wJded  all  his  trcafiircymdalmoii  inghn  i  alfbj   and  never  after 
 
 C  had 
 
1 8  The  Treachery  and  Dtflojalty  of 
 
 cc 
 
 cc  had  quiet.Thtrdly,thatif  theSubje&s  had  now  beene  handled  according  to  Juftice 
 *  and  law,&  not  by  their  ungodly  Counfels,  the(e  prefent  troubles  had  not  hapned, 
 "but  the  Kings  tands  had  remained  undeftroyed,histreafureunexhaufted.  Fourthly, 
 cc  that  the  Kings  Couucell  is  not  the  Councell  of  peace  but  of  perturbation,  becaufe 
 "  they  that  cannot  raife  themfelves  by  peace,  muft  raife  themfelves  by  the  troubles  8c 
 <c  dif-inherifon  of  others.FifthIy,that  they  had  theTreafure,Caitles,  Wardfhips^and 
 t4ftrengthofthekingdome  in  their  hands,  which  they  infolently  abufed,  to  the 
 fC  great  hazard  of  the  whole  eftate,  for  that  they  made  no  confcience  of  an  Oath, 
 w  Law,  Juftice,  or  the  Churches  cenfures.  Therefore  we,  O  King,  fpeake  of  thcfe 
 "things  faithfully  unto  you,  in  the  prefence  of  God  and  man,  and  doe  counfell, 
 ccbefeech  and  admonifh  you,  to  remove  fuch  a  Councell  from  about  you ;  and  (as 
 cc  it  is  the  ufage  in  other  RealmesJ  governe  yours  by  thefaithfull  and  fworne  chil- 
 rc  dren  thereof.  To  which  the  King  in  briefe  anf&ered  \  That  he  could  not  (uddainely 
 *  Speed  ibid,  <cputoflp  nis  Councell ,  and  therefore  prayed  a  (hort  refpitc.  *  Nothing  had  hither- 
 "  to preferved  the  King  more.  Than  that  he  could  without  griefe  forgoe  any  favorites, 
 if  hewerenearelyprefled  •  the  contrary  quality  whereof  hath  beene  the  caufeof 
 rmalldefolation  to  fo  many  Princes.For  though  choyce  of  Counfellcrs  be  for  the 
 iiioit  part  free,  yet  by  common  intendment  they  fhouJd  be  good  5  or  how  ever  they 
 *care,or  are  not;  it  is  madnefle  to  hazard  a  Crowne,  or  lofe  the  love  of  a  whole 
 cc  Nation,  rather  than  to  relinquith  or  diminifh  a  particular  dependance,  for  which 
 <c  the  pubiiquemuft  not  be  hazarded,  nor  fubveted  •  The  King  therefore,  in  this 
 cc  point  not  in  fortunate,  commands  Bifhop  Feter  from  his  Court,to  kcepe  refidence 
 "athis  Cure,  ivithout  once  fnedling  in  State  affaires,  removes  all  his  evill  Coun- 
 ccfellors,  deprives  them  of  their  Offices,  and  puts  good  men  in  their  places,  and 
 <c  commands  all  Toiftovians  and  Foraine  Forces  to  depart  the  Realme,  receives  all 
 *  his  Nobles  unto  favour,  reftorlng  them  to  their  loft  Offices,Lands,CaftIes,admits 
 *c  them  into  his  Court  and  Councell. puts  all  his  illCounfeilours,  and  Delinquent 
 ■  "'Officers  to  their  legal!  trials  and  fines.  r  And  for  Peter  Kivaks^  his  Treasurer,  he 
 fC  wasfoincenfedagainfthim  for  hisillCouniell,  that  he  fware  he  would  piucke 
 :'  out  his  eyes.,  were  it  not  for  reverence  of  his  holy  Orders.  And  at  his  Arraign- 
 ment at  JFefimi/ifier  the  King  fitting  in  perfon  with  his  Juftices  upon  theBcnch, 
 'and  thootins  Rivals  through  with  an  angry  eye,  fpake  thus  to  him.  "O  thou 
 u  Travtor,  by  thy  wicked  advife,  I  was  drawne  to  fet  my  Se<de  to  thofe  Treache- 
 w  i-ous  Letters,  for  thedeitrucVion  of  theEarle  Marfball,the  contents  whereof  were 
 cc  ro  me  unknowne  •  and  by  thine  and  fuch  like  Counfell,  I  banifred  my  natural  I 
 SufcjeSs,  and  turned  their  mindes  and  hearts  from  me-   By  thy  bad  counfell  and 
 
 exact,  of  thee  an  aceompt,  and  thou  (halt  be  carryed  to  the  Tower  of  Lo?id>>n,  to 
 "deliberate  till  I  am  iatisfied.  And  thus  were  theft  civill  warres  and  differences 
 reconciled/TllCounfellors  removed,  enormities  reformed,  Delinquents  puniihed, 
 (not  without  reducing  ftore  ofebyne  to  the  King,?  and  peace  cftablifted  m  the  king- 
 elome.  Which  Hiftory,  I  have  more  largely  recited,  becaufe  molt  of  its  paffages  are 
 Parallel  to  the  Kings,  and  his  evill  Counfellors  prefent  proceedings,  on  the  one 
 hand,and  to  the  Parliaments  in  fome  fbrt3  on  the  other  hand  in  the  premifes;  and  I 
 
 doubt 
 
Papifls  to  their  SoVcratgncs.  \  9 
 
 doubt  not  but  they  will  pron parallels  in  the  concluiion,  to  the  tcrrour  and  jul*  pu- 
 nilhment  of  all  ill  councilors,  Cavaliercs,  and  Delinquents,  the  contentment  or  all 
 good  Subj.&s  joy,  and  re-ettablilhment  of  our  peace  in  truth  and  righteoufneife. 
 
 To  end  the  point  proposed  ;  *  Anno  Dom.  1 3  1 5 .  King  Edward  the  fecond  by  his   *  Wtlftng.t^fi, 
 Writ  (umnioneci  a  Parliament  at  London;  but  many  of  the  Lords  refnfed  to  come,  pre-   p-  84.  44.   ey 
 tcnditi<cau(cs  and  impediment s,  by  rvbicb  their  abfence  might  well  be  excufed,  and  fo  this    rP~-  N**ft»f 
 fsriiament  tnke  no  ijfefi,  and  nothing  xrus  dme  therein.  In  this  particular  thsn  Popiih    u  lt 
 Prelates,  Lords  and  Commons,  have  exceeded  Protectants  in  this,  or  any  other  Par- 
 liament. 
 
 Fifthly,  Popiih  Parliaments,  Prelates,  Lords  and  Subjects  have  by  Force  of  Armcs 
 compelled  their  Kings  to  qrant  and  coufirmi  their  Lawes,  Liberties,  Charters9  PriviUdgcs, 
 xvith  their  Stales,  Oathes, Proclamations,  the  Popes  Bids,  Prelates  Excommunications ,  and 
 to  pafje,  conjirme,  or  repeale  Acts  of  Parliament  againfl  their  wils*  Thus  the  Barons,  Pre- 
 lates, and  Commons,  by  open  warre  and  Armcs  enforced  both  (V)  King  John ,  and  (apht.Pa.  At-: 
 King  Henry  the  third,  to  continue  MagnaCharta,  and  Charta  de  Forefia  (both  in  and    J  2  M« '  2'  5-  p. 
 outof  Parliament)  fundry  times  with  their  hands,  Seales,  Oathes,  Proclamations,  ^i^hi^Q'Z 
 and  their  Biihops  Excommunications,  taking  afolemneOath  one  after  another  at  W4fab?tj3[. 
 Saint  Edmonds,  upon  the  High  Altar,  1 2 1 4.  That  if  King  John  fhould  refufe  tv grant    Ncufl  An.iui 
 ■the fe  Lawes  and  Liberties^  they  would  wage  warre  agai?tji  him  fo  long,  and  withdraw    1*15.  Fa6tMt 
 tbemfdves  from  their  Allegiance  to  him,unti\l  he  fhould  conjirme  to  them  by  a  Charter  ratified  QgXfR,*Li:r\ 
 with  his  Scale,  ali  things  which  they  required:   And  thai  if  the  King  flsould  afterwards   Jntbe^ferfK. 
 per  adventure  recede  from    his  owne  Oath,  as  they  verily  beleeved  he  would,  by'reafon  of  his   Jclm  {?  Hen. 
 double  dealing,  they  would  forthwith,  by  feizing  on  his  Cafiles,  compel!  him  to  give  fat  if-  \.Spted>Hifi  f% 
 fatlion  •   Which  they  accordingly  performed,  as  our  Hiuories  at  large  relate.    Yea,    *7*- to6s7- 
 when  they  had  enforced  King  Qi)  John  thus  to  ratine  thcie  Charters,  for  the  better 
 maintenance  of  them,  they  ele&ed  25.  Barons  to  be  the  Confervators  of  their  Pri-  H^^'JjS 
 viledges,  who  by  the  JCings  appointment  (though  much  againlt  his  liking,  as  after-   auad'ir^.  ' 
 wards  appeared)  tooke  an  Oath  upon  their  Soules,  that  with  all  diligence  they 
 would  oblerve  theft  Charters,  &  Regem  cogerent;  and  would  COM  PELL  THE 
 A'  I  N  G,  if  he  mould  chance  to  repent,  to  observe  them ;  All  the  reft  of  the  Lords 
 and  Barons,  then  likewise  taking  another  Oath,  to  obey  the  commands  of  the  25. 
 Barons. 
 
 After  this  (<■)  Anno  T>om.  1258.  King  Henry  the  third  fummoned  a  Parliament  at  f  N 
 Oxford,  whither  the  Lords  came  armed  with  great  Troopes  of  men  tor  reare  of  the  ^.,  ,  2\L ' p*l[ 
 Poi&gviaes,  to  prevent  tre  tchery  and  civil!  warrcs,  and  the  Kings  bringing  in  of  Foraine  940,041.  A'.-. 
 force,  agiinft  bis  natural! Swtje&r*  to  which  end  they  catifcd  the  Sea-ports  to  be  Wefimik.ir%i' 
 (but  op, and  guarded.  The  Parliament  being  begun,  the  Lords  propounded  fundry  ^/"is*-  \ 
 Articles  to  theKing,  which  they  had  immutably  refolved  on,  to  which  they  rcqui-  s  ™*rl  f  J*: 
 red  his  aflcnt.  The  chicle  points  Whereof  were  thefe  :  That  the  Kin?  fhould  GrafiouDx 
 
 kcLpe  and  canfervt  the  Charter  and  Liberties  0/ England,  which  King  John  hit  Fa:,'.  >  p 
 made,  granted,  and  ratified  wiih  an  Oath,  and  which  himfelfe  had  fo  often  granted ,  and 
 fwom  to  maintaine  inviolable,  and  caufed  all  the  infringers  of  it,  to  be  horribly  excommnni- 
 I  by  a!!  the  Eijhops  of England,  ifl ibis  owne  prefence,  and  of  all  his  Barons »  and  bin* 
 fife  was  one  of  the  Excommunicators.  That  fitch  a  one  jljauld  be  made  their  Chief  e  J.'r'-i.r. 
 who  would  judge  according  to  Right,  without  refptCl  to  poore  or  rich.  With  other  tb  1 
 concerning  the  kajigdomc,  to  tl?e  common  utility, peace,  and  honour  of  t&e  King  andkingdvme. 
 
 C  2  To 
 
20 
 
 The  Treachery  and  Dtjltyalty  of 
 
 (<S)MAtth.  Tat, 
 
 To  thefe  their  neceflary  Counfels  and  provifions,  they  did  frequently,  and  mod 
 conftantly,by  way  of  advice,  deiire  the  King  to  condefcend,  fwearing  andgiving 
 their  mutuall  Faith  and  hands  one  to  another;  That  they  would  notdeiift  to  pro- 
 iecute  their  purpofe,  neither  for  lone  of  money  or  Lands,  nor  love,  nor  hate*  no  nor 
 yet  for  life  or  death  of  them  or  theirs;  till  they  had  cleared  England  (to  which 
 they  and  their  forefathers  were  borne)  from  upftarts  and  aliens,  and  procured  lau- 
 dable Lawes.   The  King  hearing  this,  and  that  they  came  exquifitely  armed  that  fo 
 heand  his  aliens  might  be  enforced,  if  they  would  not  willingly  aflent,  tooke  Jiis 
 corporall  Oath  (and  his  Sonne  Prince  Edward  alfo)  that  he  would  fubmit  to  their 
 Counfels,  and  all  thofe  their  Ordinances,  for  feare  of  perpetuall  imprifonment ; 
 The  Lords  having  by  an  Edift,  threatned  death  to  all  that  rcliited  :  Which  done,  all 
 the  Peeres  and  Prelates  took  their  Oath;To be  faithful  1  to  this  their  Ordinance-and 
 made  all  who  would  abide  in  the  Kingdome,to  fwear  they  would  ttapd  to  the  triall 
 of  their  Peeres  -,  the  Arch-BifhopsandBiftiops  folemnely  accurimg  all  that  mould 
 rebell  againft  it.  And  Richard  King  of  Romans,thz  Kings  younger  brother  comming 
 foone  after  into  England  to  viut  the  King  and  his  ownLands,the(^)Barons  enforced 
 him  (according  to  his  promife  fent  them  in  writing  before  his  arrivall)  to  take  this 
 Oath,as  (bone  as  helanded,in  theChapter-houfe  at  Canter  bury.  Hear  all  men  /&#/ Ri- 
 chard Earle  ofComew&\,fwear  upon  the  holy  Gofpels,to  be  faithful!  and  forward  to  reforme 
 with  yon  tlx  Kingdome  0/England,  hitherto  by  the  CounfeU  of  wicked  men  fo  much  deformed. 
 And  I  will  be  an  ejfeffuall  coadjutor  to  expell  the  Rebels  and  troubkrs  of  the  Realm  from  out  of 
 the  fame,  Thu  Oath  will  1  obferve  under  paine  to  forfeit  all  my  Lands  1  have  in  England. 
 
 Tofuch  a  high  ftraineas  this,  did  thefe  Popifti  Parliaments,  Prelates,  Peeres,and 
 Commons  fcrue  up  their  jurifdi&ions,  topreferve  themielves  and  the  kingdome 
 from  flavery  and  defolation  ;  whom  Matthew  Tarn  his  Continuer,  for  this  ftrvice 
 ftiles,(e)  AnglU  Rerpublic*  Zelatores :  the  Zelots  of  the  Englifb  Republicke.  Neither 
 is  thi6  their  example  fingular,  but  backed  with  other  precedents.  In  the  fecond  and 
 third  yea  res  of  King  Edward  the  fecond,  (f)  Tiers  Gaiefton  his  great,  proud,in-fo* 
 rJ )  dK^RA*  knt^ovetous,  unworthy  Favorite,  mifcounfelling  and  deducing  the  young  King, 
 i°oL  n  10?  f  from  whom  he  had  been  baniftied  bykhis  Father)&  fwaying  all  things  at  his  plea- 
 lure,  the  Peers  and  Nobles  of  the  Realme,  feeing  themfe'ves  contemned,  and  that 
 foraine  upltart  preferred  before  them  all,  came  to  the  King,  and  humbly  entreated 
 him  ^T hat  he  would  manage  the  Affaires  of  his  Kingdome,  by  the  C  on?? f  Is  of  bis  Barons, by 
 whom  he  might  not  onely  become  more  cautious ,  but  more  fafe  from  incumbent  dangers-^  the 
 King  Voce  tenw,  contented  to  them5  and  at  their  in fta nee  fwmmoned  a  Parliament 
 at  London,  to  which  he  commanded  all  that  ought  to  be  prefent,  to  repaire.  Where, 
 upon  ferious  debate^  they  earneftly  demanded  of  the  King,  free  lilerty  for  tht  Barons 
 to compofe  certaine  Articles  profitable  to  himfe'fe  ,  to  hi*,  kingdome,  and  to  the  Church  of 
 England :  The  King  imagining  that  they  would  order  Piers  to  be  banilhed ,  a  locg 
 time  denied  to  grant  their  demand,  but  atlait,  at  the  importunate  inftance  of  them 
 all,  he  gave  his.  aflent,  and  f wore  he  would  ratifie,  and  ebferze  what  ever  the  Noble? 
 jhjuld  ordaine :  The  Articles  being draw.ne  up,  and  agreed  by  common  confent,they 
 propounded  them  to  the  King-  and  by  their  i/?/portxnity,??iuch  a^ainfi  his  well-liking 
 oaufedkiukto  ratifie  them  with  his  Seafc,  and  to  tak?  bis  corporall  Oath,  to  obferve  them : 
 Which  done,  the  Arcb-bifhjp  of  C  tnterbwy  with- his  Suffragans,,  folemnely  denounced 
 a  Qntence  of  excommunication  again  ft  al  whofoould  contradict  theic  Artie  W.  which  they  cau- 
 fed  to  b?  ppsnly  read  Infants  Chn,\h  Lftidqnfm  the  prefence  of  thtP  relates, Lords  and 
 
 Common; 
 
 {e)JijJior.  An- 
 £tt*yp.$53> 
 
 #i#tAng.p.jo. 
 t*7j.S.p.6c8. 
 iyc.  with  Hot- 
 Stcrv,  firaftcn, 
 
 etktrs.Fcx.A8. 
 4&M;n.vtl%  I. 
 
 481* 
 
Tapijis  to  their  Soreratgnes. 
 
 21 
 
 Commons  of  the  wbele  kmgdomjbeKing  hang  prf/?»/-,  Among  which  Articles  they  deman- 
 d. d-7  bat  Maoyia  Cbarta^with  other  prozifi  ens  ncafiary  to  the  Church  and  Kealme^fbould  be 
 o!>  ervedjbat  the  King  &  hn  Father  bad  commandedyfljould  tbrufi  a!  Strangers  out  ofhuCourt 
 tand  kin  j  dome  yand  remove  ill  Counfcllours  from  him:l  h.it  he  would  thenceforth  order  all  the  aj- 
 f aire  j  of  the  kan^dome  by  the  Counfel  of  the  CltlfJ  and  Lords-and  begin  no  war^  nor  depart  any 
 where  out  of  the  kjngdome  without  common  coujcnt.The  King  contented  to  theArticJes,and 
 banilhed  Pier/into  Ireland.  No*  fooncr  was  the  Parliament  difTelvcdjbut  the  King 
 neglecting  his  Fathers  folemne  ad jurations,togethcr  with  his  owne  Oaihaiever  to  re-  *Nore  rhe  cre- 
 duce  F;Vrj5(ends  for  him  back  to  hisCourt,marricth  him  to  the  Counted  of  Glocefter,  dir  of  Pr,ncc,T 
 his  owne  lifters  datighter3(heweth  him  more  favour  then  cwcrhKefolviug  with  himfelfe  to   f^n/p^eT 
 retaine  this  Gavefton,  mauzre  all  his  Earles,  Farons,and  tor  the  love  ot  him,to  put  his    nations. 
 Crowne  and  life  in  pcrilLwhen  time  mould  ferve:  In  which,whcther  the  King  or  his 
 Favourite  ifcew'cd  lelle  difcretion,it  is  not  at  the  firft  eaiily  dctermined;k  being  as  un- 
 fafe  for  the  one  with  fo  offenfive  behavior  to  affect  immoderate  (hew  and  ufc  of  grace, 
 as  for  theother3to  the  injury  of  his  name  and  R.eaIme,to  bellow  the  fame.  But  upon 
 the  Queenes  complaint  to  the  King  off ranee  her  Brother,  of  Piers  his  iniblence  and 
 prodigality  ,and  on  the  Barons  menage  to  the  King  by  common  confent;77u/  hejbould 
 banijh  Piers  from  bit  cempany^and  ebferve  the  effett  of  the  for  ef aid  Articles  ^  or  elfe  they  would 
 certainly  rife  up  againft  him  at  a  perjured  per fon  by  a  like  vow(  which  fpeecb  feemed  hard  to  the 
 King^becaufe  be  knew  not  bow  to  want  Piers,  but  yet  difcernedtbat  moreda?iger  would fpring 
 tip  ijhe  obeyednot  the  Lords  Petition)? iers  rather  by  the  Kings  permillion*  then  good  li- 
 kingjdidthe  third  time  abjure  theReaJme  with  this  provifoithat  if  at  any  time  after- 
 ward he  were  taken  inEngland^hc  mould  be  forthwith  put  to  death  as  a  perilous  ene- 
 my to  the'Kingdomc:yethe  returning  in  Chriilmas  to  the  King  at  Yorke,  the  Lords 
 fpirituall'and  temporall,to  preferve  tl#  Liberties  of  the  Church  jh  kjngdom^and  remove  this 
 Viper ,elected  Tfo.Earle  ofLancafter  for  their  General^andfent  honorable  meflengers 
 to  the  KingjrequelHng  himy  deliver  Tiersinto  their  bands,  or  drive  him  from  bis  company 
 cut  oj  t\noland}M  being  perfwaded^wbile  that  King- bane  breathed}  peace  coiJdntver  be  main- 
 tained in  the  Realmejunr  the  King  abound  in  treasure,  nor  the  §htetty  enjoy  bis  love.  Eut  the 
 wilful]  King  would  not  condefcend.  Whereupon  the  Lords  thus  contemned  and  de- 
 lnded,prcfcntly  raifcan  Army,and  march  with  all  fpeed  towards  Newcajile^not  to  offer 
 injury^or  moitftatiou  to  the  KmgjfTltCS  tValfnigbant^tbc  cafe  and  purpofeofthepre  ent 
 Parliaments  Army)<W  that  they  might  apprehend  Piers  bimfelfc,  and  iudge  him  according  to 
 tbeLawsenatied.Vihich  when  thcKing  heard,he  fled  together  with  Pins  toTyrnmotrttb 
 and  from  thence  to  Scarborough  C  ;/r/t\  Where  Pars  was  forced  to  yeeld  himieIfe,upor« 
 condition  to  fpeake  but  once  more  with  the  king.  And  then  carried  to  WarwhkjCd.-        r   . 
 ftle,  where  he  had  his  head  ftruckc  oiF3  at  the  command,   and  in  theprcfence  of  the  ^cbvut 
 paries  of  L  mcafa^arwkkjotd  Hereford-j  as  one  ivho  had  bcene  a  fulvertcr  oj  il\  Lawes,    r.f^o.  r/57. 
 and  ail  open  Trayior  to  the  kjngdume^nd  that  without  any  yt  did  all proceedings  or  trial!  of  his    {hi)WAlfinJiifl. 
 P ceres, th  mgh  an  Earlcutndfi  dear?  a  Favorite  if  the  Kmgs.  Which  bred  a  lading  hatred  be*    ?-  9°*  w  1 1  °- 
 fatten*  the  King  and  his  NobtotWho  being  afterwards  charged  by  the  King  in  Parlia^     *?"  ""&'*' 
 meatwith  their  contempt  r.gain!l  h im,in  the  fpoiles  committed  by  thtm  uNiwcsfik^  s\eM  ffift.  p. 
 anlwick-Jl;  killing  Biers:  they  itoutly  antwered,  That  thy  bad  not  offended  in  any   674.  u  6  8  3.  See 
 tipini  \  favour,  for  that  they  bad  net  gathered  force  again  (}  him^  but  a-   Fibi***  Mim. 
 
 g  ii  ke  enemy  ef  the  K  e  time  :  And  then  obtained  an-  All  ofVardon  that  no  man  ?  J/*7^"'"  ^ 
 
 Jbottldhe  fyeflionedfii  Gjveftov*  retntne  or  dea:b,  printed  inoldQg)  Magna  Charts,.   .    CtumDmel 
 Not  long  after,  this  unfortunate  King  doting  upon  the  two  (h)  S&encert  as  xnucli  in  his  ike. 
 
 C-3  j      ^  *s- 
 
zz 
 
 The  Treachery  and  Difloyaky  of 
 
 as  ever  he  did  on  Gavefton,  to  whom  they  fucceeded,  not  onely  in  pride,  rapine,  oppref 
 fion  and  intolerable  infolencies,  but  even  in  height  of  familiarity  and  power  with  ihe 
 King.  So  as  they  ruled  and  lead  the  King  as  they  phafed,  info  much  that  no  Earh,  Baron 
 orBipop  was  able  to  difpztcb  any  thing  in  Court  without  their  advife  and  favour ,  which 
 made  them  generally  envied  of  all,  becaufe  they  domineered  over  all .  The  Lords 
 and  Barons  hereupon,  confederated  together  to  live  and  die  fer  juftice,  and  to  their 
 powertodejlroytheTraytorsoftheRealmc,  especially  the  two  Spencers-.  And  meeting  to- 
 gether with  their  forces  at  Shirborne,  Thom.v  of  Lancafier  being  their  Captaine  5  they 
 tooke  an  oath  to  profecutc  their  deiigne  to  the  diviiiort  of  fouie  and  body  :  Then 
 they  fpoyled  thefe.Spencers  and  their  friends  goods,  take  their  Gaftles  by  violence, 
 watte  their  Manors  through  malice,  flay  their  fervants,  utterly  omitting  the  ufuail 
 Wayesof  Law  and  equity,  and  following  the  impetuoufneflc  of  their  minds  they 
 inarch  on  to  Saint  Albons  with  Enlignes  <&fplayed,  and  fentfolemne  meffengers  to 
 the  King  then  at  Loidm^  commanding  him,  not  onely  ta  rid  his  Court , but  kingdomeioo, 
 of  the  Tray  tors  of  the  Realme ,  the  Spencers,  condemned  in  many  Articles  (which  they 
 had  framed  againlt  them)  by  the  Commonalty  of  the  Realme,  if  he  loved  the  peace  of  the 
 Kingdome.  And  they  further  required  the  King  to  grant  letters  Taunts  of  indempnity, 
 to  themfelves  and  all  Jitch  as  had  bore  armes  in  their  company,  that  they  fhould  not  he  pu- 
 mped'by  the  King  or  any  other  for  their  forep aft  or  prefent  tranjghffions.  The  Kingde- 
 nyed  both  thefe  demands  at  firft,  as  unjuft  and  illegall ;  rwearing,  that  he  would 
 nut  violate  his  Coronation  Oathy  in  granting  fuch  a  pardon  to  contemptuous  Delinquents, 
 Whereupon  running  to  their  amies,  they  marched  up  to  London,  entred  the  City, 
 and  to  avoyd  danger,  the  King  ('through  the :§hteenes  and  others  mediation) 'con- 
 descended to  their  denVes,  paffing  an  Aft  for  the  Spencers  banimment,'  and  the  Ba- 
 (h)  Pan.  2  /.  rons  indemnities  ;  which  you  may  reade  in  ancient  (h)  Magna  Chartaes.  Upon  this 
 5W*  the  Barons  departed,  neither  merry  nor  feme,  defpairing  of  the  Kings  Benevolence  ^which 
 
 made  them  goe  alwayes  armed,  and  to  retire  to  fafe  places.  The  King  foone  after,  recal- 
 ling the  Spencers,  reverted  the  fentence  againit  them  as  erroneous,  gathers  an  Army, 
 encounters  and  defeates  the  Barons,  and  puts  many  of  'them  to  death  by  thefe 
 Spencers  procurements;  who  not  content  with  their  bloud,  procured  alfo  the  conffcation  of 
 their  goods  and  inheritances :  Whereupon  getting  into  greater  favour  and  power  then 
 before,  puffed  up  with  their  good  (uccefle  and  new  honours,  they  difcontentcd  not 
 onely  the  Nobles,  but  §hteem  too  5  who  going  over  into  France  with  herfonne,  the 
 Frh/ce,(wh •fellies  theft  favorites  attempted)  She  raifed  an  Army  beyond  the  Seas, 
 and  returning  with  it  into  England, mc&.  of  the  Lords  and  Commons  refbrted  to 
 her,  and  fell  off  from  the  King  :  who  being  deititute  of  friends  and  meanes,deman- 
 ded  afManceof  the  City  of  London,  whofe  anfwer  was ;  That  they  would  honour 
 with  all  dirty  the  King,  the  6)wne  and  P since,  but  would  put  their  gates  fgxinft  Eoreiners 
 andTrayiors  to  the  'Realme  ^ and  with  att  their  power  wzthft and  them.  And  under  the 
 mmtot  John  of  -Eltham  the  Kings  (econdfonne,  whom  they  proclaimed  Cuftos  of 
 the  City  8c  of  the  Land,  they  got  the  Tower  of  London  into  their  porrclIion,placing 
 anddifplacingtheGarrifon  and  Officers  therein  as  they  pleafed.The  King  hereup- 
 on (after  he  had  commanded  all  men  to  dproy,  and  l$l  the  Queenes  partakers,  ?ione  ex- 
 cepted but  her  fife  ,  her  fonne,  and  the  Earle  of  Kent,  and  that  none  upon  paine  of death, 
 and  lofe  of  all  that  they  might  lofe  ,  jhould  aide  or  ajjift  them>  and  that  he  pould  have  a 
 1000. 1.  who  did  bring  the  Lord  Mortimers  head)  fees  to  Triftul^  in  the  Caftle  where- 
 of 
 
Tapijis  to  tbeir  SoTrtratgnes.  2  5 
 
 of  the  elder  Sftn  tf  was  taken  by  the  gleams  Force?,  and  without  any  formal!  try- 
 all  cruelly  cut  up  aliie,  md  qu.irto\d\  being  firji  at  the  clamntrs  of  the  people,  drawnc  and 
 hawed  in  hn  proper  armour  upon  the  common  Gallowcs  without  the  City  :  After  which 
 the  King  forfaken  of  all  his  Subjects  tiics  into  IV ales  for  (heifer,  where  he  was  taken 
 priioner,and  then  by  his  Lords  and  Parliament  forced  to  refgne  b'psCrow?ie  U  hi*  fon3 
 COakSinfLy^hatfif  b*t  many  fins  be  was  fallen  into  tbii  calamity,  and  therefore  had  the 
 lefje  catije  to  takf  **  gricz-oujly  :  That  be  much  farrowed  fur  this ;  that  the  people  of  the 
 hanjdwnc  zpcjt  fo  cxafperated  againfi  him,  that  they  from:  d  utterly  abhor  re  bis  any  Ion  nr 
 rule  a)id  Soveni'jnty,  and  therefore  be  be  fought  all  there  prefent  to  forgize  and  fpire  him 
 being  fo  affiled  :  Soone  after  he  wasnmrthered  in  Barley  C  iftle  :  And  fh  the  pcl\ncffe, 
 and  wounds  which  the  Common- wealth  fuft  a  in  ed  by  bis  ill  raigne,  np-m  the  change  of her 
 fhjfuian^  recovered  not  o?iely  health  andflrcngtby  hut  beauty  alfo  and  ornament  ^ writes  John 
 Speed. 
 
 After  all  this  (i)  King  RH'W  the  fecond  in  the  ninth  yea  re  of  his  reigne  funi-  O^atfi^havt 
 tnoned  a  Parliament,  wherein  Michael  de  la  PWtEarle  of  Suffolk  for  cheating  the  ,,!      "  j? 
 King  was  put  from  bis  Lord  Cbancellorfiip  of  England  by  the  Parliament,  and  the  Scale  NeM3r.  p. 
 tak'.n  from  him  igainji  the  Kings  will ,   and  giieu  to  Thomas  Arundell  Bijhip  of  Ely  •   M  i  j8,  Spe  d 
 \V  hereupon  both  the  Houlls  gave  halfc  a  tenth  and  hal'c  f  fiftcene,     to  be  difpftd  of  Hl^-  P74'*  'o 
 as  the  Lords  though:  fit,  for  the defend  of  the  Retime.  The  Parliament  was  no  fooner  *f  \  **° %"£' 
 diflblvcd,  but  the  King  recals  de  la  Pole  and  other  ill  Counsellors  to  the  Court,  (hew-  p^lLn,  \  ■ 
 ing  them  greater  favour  then  before  :  In   fo  much  that  at  Chrifimas,  the  King  made  Tmjfell^nd 
 deli  Pole  ft  at  bis  orvne  task,  not  inthenfuall  garment  of  a  Pc:re,u:ti  of  a  Trine.,  out  of  ft 
 ftomakc  indh  i.rci  ijjin<}  ih:  Pce.\c,  wham  from  thenceforth  he  nczcr  regirded  but  feU 
 
 agreed  upon  hv  the  King  and  that  ill-chofen  Senate  was,  fi :ft,to  have  the  opinion  of 
 all  the  c  hi  etc  lawyers-  (who  faith  Speed,  feldome  faile  Princes  in  fitb  titrwj*)  ccmcev- 
 ntog  cci  tainc  A: 'tide-'  pi  Treafon,  within  whole  nets  the}'  pre  limed  the  reforming 
 Lords  were;  and  if  the  lawyers  concluded  thole  Articles  contained  Treasonable 
 matters,  then  umdera  {bevy  of  ja  Ike  they  fhould  be  proceeded  againit  accordingly. 
 The  Lawyers  (who  were  the  very  men,  v.  hich  in  the  tilt  Parliament,  gr»ve  a. 'vice  ro 
 the  Lo  ds  to  do  a  S  they  did)no\v  mec  i;u.  were  demanded  :  Wli,  thr  hy  the  Liw  of  the 
 ■i^the  King.msft  not  d>)  u.uj  the  T-.  ■    Thev  jo yntl v  an- 
 
 iv/ered,  i  *       -:i 'tbel ■  r.\-e.-  ;  (a  moil  apparent  crrour)  conftffmg; 
 
 thu  intent  decreed  Mart)  thlnqs,  and  giz\nthe':r  judgement  J 
 
 all  ivv  accord:. t;-t  >  l.  v-\-~.  b'.cr  .  .   ■     .      ik  .' daw  full.    The   King 
 
 thus  informj.Lappointcth  a  great  Council  at  Xottin^ham^  and  withall  lends  for 
 the  She. '."ic;  of  Shires,:o  niiic  Forces  again'i:  the  Lords-  who  denyed,  faying,  thai 
 they  co*ld  not  raife  any  competent  fortes  rr  Annes  a?ain\\  them^  the  tfiboh  C  'unties  were  fo 
 addicted  to  their  favours-,  and  being  further  willed  •  to  (nffer  no  Knights  to  be  tl 
 for  their  Shires, but  fuzh  as  the  King  a?i  dins  Conn  :eli  fhould  name  5  they  anfwered- 
 the  eUtii'K  belonged  to  the  Commons  ywho  fazo.xd  the  L«rds  in  all,  and  r.\-u!d  liepc  their 
 ufuall  cufiomes^  (a  good  precedent  for  our  prefent  ^heritlcs)  whereupon  they  were 
 difmifled.  Then  were  the  Lawyers  and  Judges  (Robert  T refill  m  and  his  compani- 
 ons) called  before  the  King>  to  dercrmine  the   judgements  of  Treasons  againihhe 
 
 Lords 
 
2, 4  The  Treachery  and  Difloyalty  of 
 
 Lordstobelegallandto  (ct  their  Seales  thereto,  which  they  did  :  Meane  time  the 
 King  and  Duke  of Ireland,  tent  meflengers  to  hire  what  Forces  they  could,  That  they 
 might  fiand  with  ilxm  if  need  were  againU  the  Lords  in  the  day  of  battle :  *  Many  of  which 
 *  Note  thit*         anfwered,  that  they  neither  could  nor  would  ft  and  againji  the  Lords,  whom  they  knew  for  cer- 
 ta'mt  intimately  to  love  the  King,  and  to  endevour  all  things,  fludy  all  things,  doe  all  thin?* 
 for  hi*  honour  :  yet  many  out  of  Simplicity >,  thinking  themfelves  to  be hired,  promifed  to  bt  rea- 
 dy upon  the  Kings  notice :  The  Lords  hearing  ot  thefe  proceedings  were  much  (added  • 
 being  confeiow  to  themfelves  ofnogui't  worthy  the  Kings  Jo  great  indignation.  The  Duke  of 
 C/loceftcr  fent  his  purgation  upon  Oath  by  the  Eiihop  of  London,  to  the  King ;  who 
 inclining  to  credit  the  fame,  was  in  an  evill  houre  diverted  by  ~Dc  la  Pole*  The  Duke 
 hereupon  makes  his  and  their  common  danger  knowne  to  the  reft  of  the  Lords:  up- 
 on which  they  feveraily  gather  Forces,  that  they  might  prefent  their  griefes  to  the 
 King  ;  How  he  favoured  Traytors,  not  onely  to  them,  but  to  the  Publique,  to  the 
 imminent  danger  of  the  Realme,  unlede  it  were  fpeedily  prevented.     The  King  on 
 the  other  fide  (byTrayterousCounfelloursadvife)  fought  how  to  take  them  off 
 iingle,  before  they  were  united  :  but  invaine,  by  reafon  their  party  was  fo  great* 
 Meane  time,  fo me  peaceable  men  procured,  th.it  the  Lords  mould  repairefafe  tj 
 Wefiminfier^  and  there  be  heard.    Thither  approaching,they  arc  advertifed  by  Come, 
 (who  had  fworne  on  the  Kings  behalfe  for  good  dealing  to  be  ufed  during  the  in- 
 terim j   that  in  the  Merges  by  Cbaring-Crofje,  a  thoufand  armed  men  ("which  with- 
 out the  Kings  privity  Sir  Thomas  Trivet,  and  Sir  Nicholas  Brambre  knights,  were  re- 
 ported to  have  laid  for  their  deftruction)  attended  in  ambufb.    The  King  fweares 
 his  innocency,  promifingiafe  conduft  to  the  Lords  li  they  would  Come-  who 
 thereupon  came  ftrongly  guarded,  and  would  truft  no  longer.    The  King  fitting  in 
 Royall  State  in  Wefiminfler  Hall ;  the  Lords  prefent  themfelves  upon  their  knees  be- 
 fore him  :  and  being  required  by  the  Lord  Chancellor ;  Why  they  were  in  warlike 
 manner  aflembled  at  Haringgye  Par^e,  contrary  to  the  Lawes?  their  joynt  anfwer 
 Was  :    That  they  were  affembledfor  the  good  of  the  King  and  lyngdome,  and  to  weed  from  a- 
 bout  him,fuch  Traytors  as  he  continually  held  with  him  -y  The  Traytors  they  named  to  be- 
 Robert  deVere,  Duke  of  Ireland-^  Alexander  Nevill,  Arch-bilhop  of  Yorty  -  Michael 
 dt  la  Pile,  Earle  of  Suffolk^-  Sir  Robert  Tnfilian,  that  falfe  Jufticiar;  Sir  Nicholas 
 Brambre,  that  falfe  knight  of  London,  with  others  :  To  prove  them  fiich,  They  threw 
 downe  their  Gloves,  as  gages  of  challenge  for  a  triall  by  the  Sword.     The  King  hereupon  re- 
 plyed,  as  knowing  they  were  all  hidden  out  of  the  way  $  This  fiallnot  be  donefo,  but 
 at  the  next  Parliament   (  which  (hall  be  the  morrow  after  Candlemas)  all  parties  fhall 
 receive  according  as  they  defcrve.  And  ?iow  to  you  my  Lords ;  How  orpy  what  authority  durft 
 you  prefume  to  levy  Forces  agaiufi  me  in  this  Land  ?  didyou  thinke  to  have  terrified  mee  by 
 fitch  your  prefumption  1  Have  not  J  men  and  armes,  who  ( i  r  it  plcafed  me)    could  envirori 
 and  kill  you  like  jhecpe  ?  Ccrtainely  in  this  refpeVt  1  e flee  me  of  you  all  no  more  than  of  the  ba/efi 
 Scullions  in  my  kitchins.  Having  ufed  thelc,  and  many  like  high  words,  hetookeup 
 his  Unckle  the  Duke  from  the  ground,  where  he  kneeled,  and  bade  all  the  other 
 rife.  The  reft  of  the  conference  was  calme,  and  the  wholedeferred  till  the  next  Par- 
 liament, then  fhortly  to  be  holden  at  Wefiminfxer.     In  the  meane  time  (that  the 
 world  might  fee,  how  little  able  the  King  was  to  cquall  his  words  with  deeds )  a 
 Proclamation  was  fetfjrth,  in  w!f  ch  the  King  (before  any  tryall  )  eleareth  the 
 Lords  of  Trcifon.,  names  tho  e  perfons  for  unjait  accufers,  whom  the  Lords  had 
 
 before 
 
Papifls  to  their  SoVeraignes.  2  *y 
 
 before  nominated.  The  Lords  nevcrthelefle  thought  not  good  to  fever  thcm'elvcs, 
 but  kept  together  for  fare  of  thcworlt-  which  fell  out  for  their  advantage  :  Ror 
 the  Duke  ot  Ireland  (with  the  K:  ;ty,  fuch  was  his  folic  ditfimulationjlvd 
 
 gathered  a  power  In  WaU  r,  and  Cbejbirt :  which  they  intercepting  nearc  BttrfordwA 
 
 c,  leader  oftheC&Jfc/remen,  and  made  the  Duke 
 to  Bye  in  grcatfeare.  Among  the  Dukes  carriages  v/af.  found  (as  the  devil!,  ornn 
 thci  >uld  have  it)  ccrtaine  Letter^  of  the  Kings  to  the  laid  Duke,   by  which 
 
 ir  Connie  plaincly  difcovered.   The  Lords  hereupon  march  with  fpotd 
 
 up  to  London,  having  an  Army  of  forty  thoufand  men,  the  Lord  Mayor  and  City 
 doubtiull  whether  todifplcaie  the  King  or  Lords,    upon  confutation  receive  the 
 Lords  into  the  City,and  (upply  their  Army  with  pruvilions  in  the  Suburbs^Which    ¥ 
 the  King  hearing  of,  icetned  to  {light  them,  laying-  *  Letthtm  !yc  here  tiUtbejbaik   rij^ 
 JppU  all  tlscir  goods,  and  then  they  will  return?  poore  and  empty  to  their  houfes,and  thai  I  ft  nil   0f  i 
 Jf  eaki  with  and  }udgitkem  one  after  another,     The  1  .ords  hearing  this,  were  exceeding- 
 ly  moved,  and  (wore,  They  would  nczcr  rem  >ze  thence,  tilitheyh.yl  fpokeii  with  him  face 
 
 And  forthwith  font  fome  to  guard  the  Thames,  lclt  the  King  mould  flip  out 
 of  then  hands,  and  thenlcorfc  at  them.  The  King  being  then  in  thcTower,  and 
 feeing  himfelfe<cvery  way  cncompaifcd,fent  a  melfage  to  the  Lords,  that  he  would 
 treat  with  them  ;  who  thereupon  denied  him,  T hat  he  would  come  thenext  day  to  Weft" 
 minfter,  where  they  would  declare  their  defre  to  him  :  The  King  rcplyed,T/.u?  he  would  not 
 treat  with  them  at  Wcfiminflcr,  hut  in  the  'Tower.  To  which  the  Lords  anfvvered,  That 
 itwna  Qsfpiciow place  %  becatife  traines  might  there  be  -laid  for  them  ,  and  danger J  prepared 
 to difiroj  tl%m  •  Whereupon  the  King  lent  word,  They  fliould fend  thither  two 
 men  or  more,  to  fear  h  audiieiv  all  places,  left  any  fraud  fhcti  Id  Ije  hid.  Upon  which  the 
 Lords  repaired  to  the  Tower,  and  in  the  Kings  Bed-chamber,laid  open  to  him  brief- 
 ly, allhisconfpiracy,  in  caufing  them  indirectly  to  be  indicted  3  They  objea  to  him 
 his  mutability,  and  underhand  working,  producinghis  own  Letters  to  the  "Duly  of  1 rcl 
 
 -:  Army  to  deftroj  them;    together  ivitb  the  French  fa  hgtJ  tbij  had irt'rccptcd;wberc- 
 by  it  appe  1  id  fccretly  praetijed  to  fly  c  with  the  Duki  of  Ireland  into  France^    to  delh 
 
 up  Call  ice  to  the  French  Kings  p iffejjion,  and  fuch  pieces  as  the  Crowne  of  Fng '  md  held  in  I  I 
 farts  •  wbtreby  bis  honour  might  diminifly,  his  flre?igth  deciy,  and  his  fame  perijh.  The 
 King  feeing  this,  knew  not  what  to  doe,  especially  bccaule  he  knew  himfelfc  nota- 
 blydepreffed.  At  lait  craving  leave,  they  left  him  confounded  and  (bedding  icares, 
 yet  upon  condition,  that  he  mould  come  to  TFeflminfter  the  nextd^y,  where  hec 
 (Bould  heare  more,  and  create  of  the  necelTary  affaires  of  the  kingdi  ;ic  •  Which  lie 
 promised  to  doe,  retaining  thcEaileof  Darby,  to  fup  with  him.  But  before  he 
 went  to  bed  (  O  the  hcklenefle  of  weake  Princes,  and  taithlefleneffe  of  their  royall 
 words  and  Protections  \)  fomewhifperets  telling  him,  that  it  was  notd  centra  fe. 
 nor  honourable  for  the  King  to  goe  thither,  he  changed  his  refoluticn.  The  N 
 bles  hearing  this,  were  very  lad,  and  difcontented,  and  thereupon (ent  him  word, 
 That  if  be  came  not  quickfly  according  to  appointment,  they  w 
 
 ild  and  Jhmtd  obey  the  Counfeli  of  his  Peeres.  The  King  lrrucke  with  thfe 
 dart,  came  the  next  day  to  tytflmtnfler,  there  attending  his  Nobles  pleasures.  To 
 whom  ( after  few  difcouries)  the  Nobles  faid  ;  That  for  his  honour,  and  the  benefit &f 
 }>is  kingdome,  all  Tray  tors,  whifperers^  flatterers^  eiill  inftrumsnts,  Ponderers,  and  unpro- 
 fitable pec  f  ens  fbonldbe  banifbed  out  of  his  Court  and  company,  and  ethers  fnbflituted  in  t>\  i 
 
 D  plae  /, 
 
2  6  The  Treachery  and  Pi/loyalty  of 
 
 places,  who  both  kuiw  bow,  and  would  jerve  him  more  honour  ably  and  faithful "y.  Which 
 when  the  King  had  granted  (though  with  Covvow)  they  thought  fit- that  Alexan- 
 der Nevill  Arch bijhop  of  Tor ke,  John  For dh am,  Bifloop  of  Durham,  with  fond  ry  other 
 Lords,  knights,  and  Clergy  men  mould  be  removed  and  kept  in  ftrait  priibn,  to  an. 
 fvver  iuch  accufations  as  (hould  beobjected  againft  them  the  next  Parliament,  Where- 
 upon they  were  apprehended  forthwith  and  removed  from  the  Court  :  After  the 
 fe.\H  ofPuriji  ation,  the  Parliament  (much  againft  the  Kings  will,  who  would  have 
 fhifted  it  offat  that  time  )  began  at  London.  The  firft  day  of  the  Seflion,  Fttltborpe 
 and  all  the  reit  of  the  Judges  were  arretted,  as  they  fate  in  judgement  on  the  Bench  .  and 
 molt  of  them  fent  to  the  Tower :  for  that  having  prft  over-ruled  the  Lords  with  their 
 Counfels  and  direUion,  which  they  ajfured  them  to  be  according  to  Law,  they  afterward  at 
 Nottingham,  gaze  contrary  judgement  to  what  themje'ves  had  determined  formerly,  Trefili- 
 an  the chiefe  Juitice  prevented  them  by  flight,  but  being  apprehended  and  brought 
 backe  to  the  Parliament  in  the  forenoone,  had  fentence  to  be  drawne  to  Tiburne 
 in  the  afcernoone,  and  there  to  have  his  Throate  cue,  which  was  done  accor- 
 dingly. 
 *  Graft.p  348»  The  King  feemg  theft  proceedings^  advife  of  his  ill  Counfellors,* absented  him- 
 34?.«WSf-  felfe  from  his  Parliament,  and  fcnt  Michael  de  !a?ole  then  Lord  C  b  ahc  eH or ^'to. demand 
 fiurefifteenes  in  his  name,  of  the  Commons,  for  that  without  leffe  he  could  not  maim  aim  bit 
 tftate  and  outward  warre.  To  which  the  body  or  the  Parliament  made  anfwer  •  that 
 without  the  King  wereprtfent,  they  would  make  herein  no  anfwer  •  and  thatunleffe  the  King- 
 would  remove  him  from  his  Chan  ellorflnp,  they  would  no  further  meddle  with  any  A  &  this 
 Parliament,  The  King  upon  this  lent  to  the  Commons^hattky-fraTtldfend  to  Eltham 
 (where  he  then  hy,)  40.  of  the  wifeft  and  beft  learned  of  the  Commons,  who  in  tlx  name 
 of  the  whole  Houfepou/d  declare  unto  him  their  minde,,  Upon  which  meflTige  the  Houfe 
 were  in  more  fear  e  then  before;  for  there  went  a  talke,  that  the  King  intended  to  be- 
 tray divers  of  them  t  which  followed  noi  his  m'mde^  either  that  wayrir  at  a  banquet  appointed  to 
 be  made  purpjfe'y  at  London,  if  Nicholas  Extonf/x  Mayor  of  London  would  have  con- 
 fented  thereunto  ^  at  which  time  the  Uuk^ofGlocetierfbouldbave  beene  takeji.  Wherefore 
 the  Lords  and  Commons  affembkd  together,  agreed  with  one  adent,  that  the  Vuke  I 
 efGloceflcr,  andBifbop  ofEly,jhjnldin  the  name  of  the  w'-olt  Tarliament  be  Cent  to  the  Kin* 
 to  Eltham ;  which  was  done,and  the  King  well  pleafed  that  they  (hould  come.  When  j 
 they  came  into  his  prefence  they  moll  humbly  fdiited  h:m,  and  (aid.  ccMoft  high  j 
 "and  redoubted  Soveraigne  Lord,  the  Lords  and  Commons  of  this  your  Parlia- ' 
 cc  ment  affembled,  with  moit  hunible  fuhje&ion  unto  your  moft  royal)  Majefty,  de- 
 ic  fire  your  mod  gracious  favour  ;  fo  that'they  may  live  in  tranquillity  and  peace  un- 
 <c  der  you,  to  the  pleafure  of  God  and  wealth  of  the  Realme.  On  whofe  behalfe  we 
 <calfo  (hew  unto  you>  that  one  old  itatute  and  laudable  cultome  is  approved,which 
 *  no  man  can  deny  ;  Thatthe  King  our  Sovcraige  Lord  mayoncein  theyearelaw- 
 <c  fully  fummon  his  high  Court  of  Parliament,  and  call  the  Lords  and  Commons 
 ,c  thereunto,as  to  that  which  is  the  higheit  Court  of  this  Realme:  In  which  Court 
 iC  all  equity  and  juftice  mull  (bine,  even  as  the  Sunne  when  it  is  at  the  highe(t,where- 
 "ofpoore  and  rich  may  take  refrefhin*  :  where  alfo  mult  be  reformed  all  the  op- 
 "prelfions,  wrongs,  exactions  and  enormities  within  the  Realme,  and  there  to 
 "  confult  with  the  wife  men  for  the  maintenance  of  the  Kings  ellate.  And  if  it  raieh 
 <c  b^  knowne  that  any  perfons  within  the  Re.ilaie  or  without  intended  the  contrary 
 
 then 
 
Tapifts  to  their  SoVer clones.  %  7 
 
 u  there  alio  mult  kd-viL-d  howfadi  cvill  weeds  mighc  be  d  [.There  a  J 
 
 "bcltudycd  and  loro'ecnc,    that  it   any  charge  dot  come  upon  the  King  an, I  his 
 u  fVcalme,  how  it  may  be  well  and  honourably  Supported  and  .u  rained.     HjthertO 
 "it  is  thought  by  the  whole  Kealnic,  that  your  Sul  je&s  have  lovingly  demeaned 
 fcthemfc!ves  to  von,    in  ayding  you  with  fubitance  to  the  beit  of  their  powers ;  a;id 
 "  they  deiirc  to  have  knowledge,   how  and  by  whom  thele  goods  be  (pent.  One  thing 
 "rctdh   \  ct  t  >  declare  in  their  bchalfe  unto  you:  *  how  that  by  an  old  Ordinance,  *  N 
 "they  have  an  Aft,   if  the  Kins,  absent  hinsfelft forty  dayes  not  being  lickc,  but  or"  ThcK 
 cchfs  owneminde    (not  heeding  the  charges  of  his  people,  nor  their  great  paines)  rilol,lah) 
 cc  will  not  retort  to  his  Parliament  ;  they  then  may  lawfully  returne  home  to  their   J^!"!. ,V<.  |u 
 u  houfes  :  And  now  Sir,  yen  have  beenc  abfent  a  longer  time,and  yet  refbfe  to  com ;  fort)  4ivc$. 
 amongtt  us  •  which  greatly  is  ourdiicomfort:  (And  our  Parliaments  prefent  cafe.) 
 To   this   the  King  a niwered  by  thefe  words :    Wetly  we  doe  ctmfider  thai  tbepeefte  and 
 Commm:  dg  ib:f  us  •    whirefore  we  thinke  ive  can  die  no  Utter  than  to  asfo  .i\ dc  M 
 
 ourCofn.       I         b  King,  and  rather  jubmit  us  tnhim,   than  to  our  owne  Suljcftj.  The 
 ]  ords  anlwci  td  :  Sir,  that  Counfell  if  not  befl,  hut  a  way  rather  to  bring  you  into  dan 
 For  it  y<  wJtgowney  that  the  French  King  is  your  ancient  in: my ,  and  your  grenteft  ad 
 firy:   arrfjfke  fit  foot  once  withiny our  Realme,  be  will  rather  difpoyleyou,   vktadej  .u^ind 
 dtpofe  you  ffoM  y  >urefi,tte  Royally  than  put  any  handtohelpeyou^  &c.     And  as  thai  K 
 
 *  th  it  hath  rich  people  ;  Jo  cannot  he  he  rich  that  hath  poore  Cornm  m/.  And  all 
 by  the  evil!  Cttunfcll  which  are  about  yon.   And  if  you  pit:  n  4  \ 
 
 'm^bandtotberedrejfieftbepfemifej^  this  Realme  of  England  jbaS  be  brought  to  v.  <i> 
 
 j   which  dearely  fl.'ou  a  be  laid  toycur  dfau  >,  and  inyour  cvill  Cnunfel!  :    See- 
 ing th  il  in  the  time  of your  Father  ^  this  Realme  throughout  all  the  world  was  highly effl$'$m'\ 
 *nd  notbin *  ordered  after  the'e  wayes.     Wherefore  we  befent  unto  you  to  exhort  j  // 1§  fa  Better 
 all  Qtch  per f  us  as  might  be  the  occafon  of  mine  either  of  you  or  elfe  of  your  Realme*   By  their 
 good  perfwadons  the  King  was  appealed,  and  promt fed within  three  dayes  after  U  come 
 .    \  fr  tmentj  and  to  condjeenn  U  their  Petitions ;  And  according  to  bis  appointment  he 
 came.    Where  (bone  after  John  Fordhim  Bithop  of "Durham,  was  dii charged  of  the 
 TreaftrOUrfhip,  and  the  Bifrop  or  Hereford fet  in  his  place,  *  Z\  la  felt  was  put  from   *  J* 
 his  Ghancellourfhip  for  dive  scrimes,  frauds,  briberies  and  treasons,  bv  him  com-   ^'. ■<■;./».  14% 
 nrtted,  to  the  prejudice  of  the  Kins;  and  his  Realme,  committed  to  the  To-,er,  and    *.  ~   V  '    '  ^ 
 fined  twenty  thooiand  M  the  King,  in  relieving  of  the  Commons:    Divers 
 
 other  Iude?s,knights.&:  Delinquents  of  all  i^rts  were  cor/dejuned,&  ex;  -cut:  1.  others 
 baniihedand  their  itate?  con  bleated  ;  others  put  out  o.  O. ice  by  t^is  Parliament,  as 
 
 i  may  read  in  ourHiitories,and  in  the  (J^StMttteJ  at  lanyt :  in  which  Statutes  the   (K  - 
 
 ntilchicvou?  effects  of  thefe  evil!  Counfellors  to  King,    kin   d  and  pcop'eare    [  ,I<,1 
 
 at  full  related,  wherebv  the  King  and  all  his  Pvcaimc  were  \,  u   to  have  beene  V     " 
 
 Hy  undone  and  deuroved  :  the  Lords  railing  of  Force    » :aln;t  them  refbjved  ro 
 b:  I  nvhiil;  and  the  L-  tray^ovbus  Dellnq&ents  mad:  nnc^peUe  of  any  pardon  •  (/)   ^tC( 
 and  their  railing  of  Armes  a^ainft  the  Parliament  and  kingdomc,(thom;h  with  the    P 
 Kin^sownccon.entand  his  con.mand  j  declared  and  enaftedxc  he  hi 
 Th  <e  proceedings  im  t  i  red  to  in  Parliament  by  the  King,  ?   Houfcs, 
 
 •'•//,  Wrouefct an  intolerable  fecret  hatrrd  and  de .ire  of  revenge   in   his  heart  \-    l7«i64 
 Cairj'tthe  I  -r  v.wnz  okpowet  he  concealed  n:a:e  ten  ycares  i)\\cc  •  but 
 
 in  Lhctwcn:yrth  yeaie  of  his  rVeignfe^being  fomewhat  elevated    in  I 
 
 D  2  rumour 
 
2  8  7  be  Treachery  and  Dtfloyalty  of 
 
 rumour  thatbeftoouldbe  elected  Emperoitr  •  he  fuddenly  apprehended  the  Duke  of  G/o- 
 cejfcr,  the  Earles  ott^arwicke  and  Arwidcll  (the  chiefe  iticklers  in  the  premifes)con> 
 nutting  them  to  fcverall  prifons  :  And  to  blinde  the  peoples  eyes,  left  tbey  fiould  rife  tip  in 
 Armes  to  refine  the fe  Lords  ;  the  King  fent  out  a  ieigned  Proclamation,  (which  he 
 eaufed  to  be  proclaimed  throughout  the  RealmeJ  that  thefe  Lords  were  apprebended only 
 for  new  Ireafons  committed  againfthim,for  which  be  would  profecute  tbem  in  tbe  next  Parlia- 
 ment, and  notjor  tbe  old  trefpajjes  :  After  which  he proclaimes  ibofe Lords  Traytors. 
 if  „  W  hich  done  he  fummoned  a  (m)  Parliament  at  Weftmbifter,  to  this  Parliament  the 
 
 &cMi.SaW     ^m§  commanded  to  come  all  fitch  as  be  bad  bcfl  confidence  in,  omitting  the  reft  •  and  the 
 Johns  Speech,      Knights  we  re  not  elefted  by  tbe  Commons*  w  cuftome  required  tbey  fixmld  be, but  by  tbe  King  » 
 J64Q.P.21.1  B.  pfkafure^  yea,fce put  out  divers perfons  cleft  ed,  and  put  in  other  in  tbe ir  places  to  ferve  im 
 4.^.21.21.48  iHfm.^  which  was  one  Article  objected  againft  him  when  he  was  depofed.  Againft 
 the  time  of  this  Parliament,  the  King  received  a  guard  of  4ooo.Archers,  all  CbeflArc 
 men,  as  if  he  would  hare  gone  in  battle  again  it  enemies,  fo  that  divers  came  armed 
 to  the  Parliament  out  of  feare.     Thefe  Cbefbire  men  Were  rude  and  beaitjy  people, 
 ( ?o  As  the  Ca-   anc|  fo  proll(j  0f  tne  Kings  favour,  (n  )  that  they  accounted  tbs  King  to  be  their  fellow,  and 
 '  fet  tbe  Lords  at  nought,  though  few  of  them  were  Gentlemen,  but  taken  from  the 
 Plough  and  other  Trades.    After  thefe  rufticall  people  had  a  while  Courted,  they 
 grew  fobold,  that  tbey would 'not let  7ieither  within  th:  Court  nor  without  to  best  and  flay 
 tbe  Kings  good  Subjeft,   (  a  s  the  Cava  Iiers  doe  now)  and  to  take  from  tbem  their  viftuals 
 at  their  pleafure,  paying  Utile  or  nothing  for  them,  and  to  ravifb  their  wives  and  daughters : 
 And  if  any  man  prefumed  to  complaine  to  the  King  of  them,  he  was  foone  rid  out 
 of  the  way,  no  man  knew  why  ,nor  by  whom,  fo  thatin  crTecl:  they  did  what  they 
 lifted.  In  this  Parliament  the  King  bavingmade  the  Speaker,  and  agreatpartofmerci- 
 nary,  proud,  ambitious  men  of 'tbe  Commons  Houfi \  to  be  of 'bis  fide,  to  aft  what  he  required 
 tl.Km ;   he  then  prevailed  likewife  with  tbe  Upper  Houfe,  first  with  the  Prelates,  then  with  the 
 Lords  j  more  out  of  fare  of  him,  then  any  reafon  •  by  meanes  whereof  the  Commitfion, 
 Charters  of  pardon,and  Acts  made  in  Parliament  in  the  Io,  and  11.  yearcs  of  his 
 Reigne  were  quite  revoked  and  declared  voyd  in  Law,  as  being  done  without  authority 
 an 'd  again ft  the  will  and liberty  of 'the  King  and of 7zV  Crown \?\  And  withall  they  declared 
 tbe  Judges  opinions  for  which  they  were  condemned  in  that  Parliament,  to  be  good  and 
 lawfull,  and  attainted  the  faid  impri fined  Lords  of  high  7 'reafon,  and  confiscated  their  lands. 
 The  two  Earles  hereupon  were  beheaded,and  the  Duke  (  by  reafon  of  his  populari- 
 ty) fent  over  to  CaUice,and  there  by  Hall  and  others  fmot  her  ed,  onely  for  their  for- 
 iner  actions  ^  which  done,  the  King  adjourned  the  Parliament  to  Shrewsbury  where 
 ro)nR.c  12   ^e  fobtilly  procured  an  (V)A&  to  pafle  by  common  con  fent,  ihat  tbe  power  of the  Par- 
 liamaitfiould  remgine  in  f even  or  eight  perfons,  who  (after  tbe  Parliament  diffolvcd)  fimdd 
 f  .  determine  cert  a'me  petitions  delivered  that  Parliament ,  and  not  difpatcbed.  By  colour  w  hcrc- 
 
 if-i^AHst     °^>  C/7^  Ihoje  Committees  proceeded to  other  things  generally  touching  tbe  T  arliament,  and 
 3.  Wai [fin.  hi  ft.  that  by  the  Kings  appointment,  in  derogation  of  tbe  fiate  of  the  Parliament,  tbe  difcommodity 
 ■Ang.An.  1 598.  and  pernicious  example  of  tbe  whole  Kealme  :  And  by  colour  and  authority  hereof,  the  King 
 £.394.  Or  often,  caufidihe  Parliament  Rols  to  be  altered  and  defaced,  again  ft  tbe  ejfeft  of  tbe  forefaid  grant, 
 £r    0  mjbea.      After  which  he  much  vexed  and  opprefled  his  people  with  divers  forced  Loanes, 
 Oathes,   Impofitions,  and  opprefling  Projects  to  raife money,  feeking  to  trample 
 them  under  his  feet,and  deftroy  the  Realme,  and  tookeall  the  Jewels  of  the  Crown 
 with  him  into  Inland,  without  the  kingdomes  content.  Which  rendered  him  fo 
 
 odious 
 
<Papifts  to  their  Scfreraignes.  2  9 
 
 ■uS  to  his  people,  that  Henry  Duke  of  Lancajhr9  landing  in  England,  the  whole 
 kinidomt  b  ayJeyJbtkat.be  bad  an  Army  of  60000.  men  piajbert  tarn  1 
 
 ■utc  the  King?  ill  Counjcllours.  Whereupon  King  K/VAi/v/ returning 
 OUtof  Ireland^  hearing  of  the  Dukes  great  Army  aflembled  againll  him,  and  know- 
 ing that  they  would  rather  dye  than  yccld,  out  of  their  hatred,  and  fcarc  of  him, 
 he  difmilTed  his  Courtier?,  hiding  obfurcly  in  corners  till  he  was  apprchended3and 
 by  a  Parliament  fummoncd  in  his  name  (though  againil  his  will)  judicially  depofed 
 fur  his  nrifgovcrnment. 
 
 Among  the  Articles  exhibited  againft  him  in  Parliament  for  his  evill  government, 
 for  which  he  was  by  icntence  dethroned,  thefc  are  remarkable.  Firft,    *  That  bee  +  Graft,  p.  419 
 rvajl fully  fpem  the  T  rcafitre  of  the  Realme,  and  hid  given  the  pofefjmns  of  the  Crewne  to  men  4°  1  1  4  o  *  •  S;  c . 
 1  ortby,    by  reafin  n  here*}  daily  new  charges  more  and  more,  were  laid  on  the  mcl^s  of  the  J'  "£' .'■>".  4=5, 4  6 
 Comm  m  tltj .      And  when  divers  Lords  were  appo'mted  by  the  high  Court  of  Parliament   47* 
 to  commune  and  treate  of  divers  matters  concerningtbe  Common-wealth  of  the fame^  which 
 \g  bufe  about  tbofe  Commijjions,  he  with  other  of  lis  affinity  we?2t  about  to  impeach  them 
 of  high    T  reafin,  and  by  force  and   th  reaming,  compelled  the  Jufliccs  of  the  Rcalme  at 
 Shiewesbury,    to  londefcend  to  his  opinion,  for  the  defiruUion  of  the  j aid  Lords;  In 
 fomuch  thac  hee  began  to  raiie  warre  againlt  John  Duke  of  Lancaster,  Thomas 
 Earle  of  Arundell,  Richard  Earle  of  Warwicke*  and  other  Lords,  contrary  to  his 
 honour  and  promife. 
 
 Item,  He  ajjembled  certaine  Lancafhire  and  Chcfhire  men,  to  the  intent  to  make  war  re 
 §n  tbeforefaid  Lords ;  and  filtered  them  to  rob  and  pillage  without  correction  or  reproofe. 
 
 Item,  Although  the  King  flatteringly^  and  with  great  dijjimulat ion  made  Proclamation 
 throughout  the  Realmt,  that  the  Lords  before  namsd/vere  not  attached fir  any  crime  of  Trta- 
 fin,  but  mtlyfor  extortions  and  oppreffions  done  in  the  Kealmc,yet  he  laid  to  them  in  the  Parti* 
 anient  ^rebellion  and  manifefi  Treafon, 
 [ten*,  He  bath  compelled  divers  cf 'the  fa'id  Lord 'j  fen- ant  s  and fiends,  by  menace  and  ex- 
 Jo  make  great  fines  to  their  utter  undoing.  And  notwitbfianding  his  pardon  to 
 them  granted \y:t  he  made  them  fine  of  new. 
 
 Item,  That  he\  tt  out  dh  eri  *  Sbcriffcs  lawfully  eleeted \and put  in  their  roomes,  divers  cf  *  ^'jte* 
 
 wne  Minims,  fubverting  the  La%>,contr  izy  to  his  Oath  and  Honour* 
 Item,  For  to  fine  his  purpofe^be  would fujfer  the  Sheriffcs  of  the  Shire  to  remabic  above  one 
 
 .  or  two. 
 Item,  He  borrowed  great  fnms  of  money, and  bound  him  under  his  Letters  Patents  for  repay- 
 ment of  the  (am:,  md)  el  n  </  one  pi  tmyp  ticL 
 
 Item,  He  taxed  men  at  the  Will  of  bkn  tndbu  unhappy Cotmfelly  and  the  famel  reafure 
 
 :  :•■  n ing  .'  •  'Y  men  for  their  viUu.iil  and  z  land* 
 Item,   He  find,    1  hat  tlxLiwes  of  the  Realmc  wen  in  his  head,  and  fometimc  in  hU 
 ■n  ofwhi  h  pbantafticall  opinion  ^  be  defiroy  t d  Noble  men ,   and  impoi  erified the 
 rons. 
 Item,  TbeParliament  felling  and  exatting  divers  notableStatutcsfor  the  profit  and  advance- 
 ment of  the  Commmwealtb,  be  by  his  prii  ate  friends  andfilicitors,  caufed  to  be  enaUtcd-*  That   y  Such  a  kind 
 no  Alt'  then  enaU edjbonld be  more prejudiciall to  btnh  than  it  wjs  to  any  of  his  Predecejjors,   <* pforifa  wai 
 •''  wlthpr.  vifo  be  did  often  as  he  lifit  d.an  i  not  &  the  Law  meant.  ^n  \\  l\ 
 
 t  a-/        7  r  •        "•        •         r      i  i  -r     /  »»      '  r  r    r  f        DC  added  roH.C 
 
 Item,   1  bat  he  at  Ins  going  into  Ireland,  exacted  mayiy  notable  \ummes  of  money y   bejidcs   pcnr;©n  of 
 Plate  and  Jewels,  without  Law  or  cuflome^contrary  to  his  Oath  taken  at  hh  Coronation.  Rigty>3  C 
 
 D  3  Item, 
 
5  o  The  Trtachery  and  Diflojalty  of 
 
 \tcm,That  wit-hunt  the  affent  of  the  Nobility,  he  carried  the  Jewels,  Plate,  andTrea- 
 fare  oj r  the  kingdome  over  1  be  Sea  i;^r>  Ireland  ,  to  the  great  imptrverifhing  of  the  Realme, 
 And  all  the  good  Records  for  the  Common-wealth,  and  again  ft  hit  extortions  _,  he  privily  cau- 
 fed  to  he  imhezeled  and  conveyed  away. 
 
 Item,  When  divers  Lords  and  Jufiices  were  fworne  to  fay  the  truth  for  divers  things  to 
 
 them  committed  in  charge  both  for  the  honour  of  the  Realme,  and  prof  t  oj  the  King,th% 
 
 faid  King  fo  menacedthem  with  fore  threatnings,  that  no  man  would,  or  durfi  fay  tfje  right. 
 
 Item,  He  mofi  tyrannically  and  unprincely  faidy  that  the  lives  a?id  goods  of  all  bis  Suh- 
 
 jeUs  were  in  the  Princes  hands,  and  at.  his  difpofing. 
 
 Item,  He  craftily  devifed  certaine  privie  0  athes ,  contrary  to  the  Law,  and  canfed  di- 
 vers of  his  Subje£Zs,firft  to  be  fworne  to  obferve  the  Jame5  and  after  bcttndthtm  in  bonds  for 
 the  firmer  keeping  of  the  fame,  to  the  great  undoing  of  many  honeji  men. 
 (?)i#4ci.  Which  how  parallel  they  are  to  the  late  and  present  Court  Pra&ifcs,  and  Do- 
 r.'wtr  h  ft  ^r*nes  ofour  times,  let  wife  men  determine.  The  King  being  thus  Judicially  dethro- 
 AngU  p.\i.6*  nec*  m  Parlianient5  Henry  the  fourth  by  the  fame  Parliament,(which  continued  nct- 
 41 7.  Tpodig.p.  withstanding  Richards  deposition  who  fummoned  it)  was  created  King,  who  in  the 
 168. 1 70.  PoL  (^)  firit  Parliament  of  his  Pvaigne,  reverfed,  and  annulled  as  illegal!,  the  Parliament 
 /.S.c.iaCw/oR  oi  21  Ri  hard  2.  with  all  its  A&s,  Circumftances  and  dependants ;  and  revived  that 
 ?'*5?  f  a<  Jqi  of  1  1  Richard  2.  in  all  points,  as  made  for  the  great  honour,  and  common  profit  of 
 p.Si9.Speed,p.  this  Realme.  To  thefe  I  might  adde  the  (r)  Rebellious  infurre&ions  of  Ri  hard 
 775.  Martin  Scroope,  Arch-bifnop  of  Torke:f  the  Earle  oi  Northumberland,  and  their  Complices,  a- 
 Fab  Graft,  and  gajnft  King  Henry  the  fourth.  Anno  1405.  to  reforme  the  State  and  government,  re- 
 gthers.  Fox*8'  jieve  the  Church  and  Common-weale ,  and  Depofe  King  Henry  in  and  by  a  forced 
 676^677  679.  Parliament.  The  (.r)  infurrectiou  of  the  Popip  Nobles  againfi  King  Stephen,j7;r  v'iota- 
 Truffei*  p.74  ting  hi*  Oatl.i,  touching  Forefts,  and  other  immunities  of  Church  and  Common-wealth, 
 75.  which  they-  would  force  him  to  confirme^  the  feveraH  (V)  infumzBicns  of  Jacke   Cade, 
 
 (s^Spee.p.4%6  Jacke  Straw,  Wat  Tyler,  and  their  Popifti  V.  Igar  rabble,  to  force  their  Ki?ig  to  call 
 IttwfftneHft  Parliaments,  to  alter  and  repe ale  old  Lawes,  enact  ?iew,  difylace  ojfenfive  great  Officers,  pro- 
 Mgl.p.2fS0ti  mote  new  ones  of  their  nomination,  to  ratifie  what  propositions  they  required,  anr'  fnbvcrf 
 281.  Speed  p.  the  government  of  the  Realme :  with  the  (n)  feverali  Rebel!  ions  of  the  P>pifh  Lincolne- 
 $49-  6^.734.  jbire  and  Torke-fcire  men,  under  Do&or  Machrell,  a  Monke,  and  feme  men  of  quali- 
 ()'  Sp  ed  lY ln  Henry  the  eighth  his  raighe ;  Of  the  Cornfh  men,  Norfolk^  men,  Kent,  and  others 
 1031  to  1049'.  in  'Edward  the  fixth  his  Pviile  ;  of  the  Popifb  Earles  of  Northumberland,  Wefiincrlmd, 
 t  1  i2r  to  i  no.  and  other  Northerne  Papifts  in  Queene  Elizabeths  dayes,  by  force  of  Armes  to  compel! 
 S:e  Hall  Graft,  theje  fever  all  Princes  to  fummon  Parliaments  to  repcaleall  Lawes  agamfi  Maffe  kftdP<£ 
 HottmfiJhwtt%  an£  ror  ffe  eQaynQ?mem  of  the  Protectant  Reliqion,  with  other  Ails  ctmcerninff  the  00- 
 
 Mamn.  in  the    r.  J*  r   1    ^  >r  etj-  t  j  ^     ■    r+-  ;     . 
 
 lives  of  A'.  8.    vernment  of  the  Common-weuth,  to  malt  divers  ?icw  Lawes  and  proj  options  ,  which  they 
 
 Ed.  6.  and  Q_  demanded^  to  remove  oreat  Offers  and  privie  Counfellors  from  their  faces,  and  the  like. 
 
 LUz.  '  All  which  tranicend  the  A 6b  and  proceedings  of  this  or  any  other  our  Proteftanf 
 
 (x)Walfirhift.  pAr|jarnents  orfub];cts,  being  done  without  any  preceding  Order  or  refolution  of* 
 
 *&zq  ?o  I7'  ^ot^  ^OH(es3  repreienting  the  whole  kingdome,  and  againil  the  general!  confent  of 
 
 4i,44 \*.Y?o-  the  people*  But  I  (half  conclude  with  one  ancient  precedent  more,  rn  one  of  our  bci\ 
 
 &4  na  v  /?  j>.  Kings  reignes3  In  25  E.  !•  (.t)  The  herds  and  Commons  in  Parliament  grievoully  ccrn- 
 
 8?5*4,3)%8%  planed  and  Petitioned  to  the  King\agav$  divers  taxes,  tallages,  and  pn ''faces   wherewith 
 
 ^7  £'**•%  thy  were-oppreffed  by  him,lothe  ore  at  impoveriff'mg  of  the  faalm  •   again]}  the  violation 
 
 550.:^X*  fy' Mugna  Charts,  the  Chrrter  of  the  Forefi^ibe  vmpo film  upon  W rools,a?id their finmmons 
 
 n 
 
Tapt/ls  to  tbtir SoVeraignes.  ^  I 
 
 totpewVb  hi  .'anders,  to  which  they  I  bound  LjLnv.    The  ,(i. 
 
 fingthel  \y  reafont  tffity  t§  maiutavu  ti  ,  and  giving  them  a  dila- 
 
 tory antwer;  th  ///,  and  Hereford  withdrew  themfelvcs  horn   Parlia- 
 
 ment) and  with  their  compliccty eommamka  the  uernotto  evie  the 
 
 th  penny  of t/x  people,  granted  to  the  King  at  Saint  Edmonds^  and  induced  the  Citi- 
 ion  to  joyne  with  them  to  reenter  their  Liberties.    Whereupon  the  King 
 (ending  to  them  For  peace,  they  would  condefcend  10  no  peace  but  on  theft  termes* 
 That  the  King  putrid  conjirme  Lftfigna  Chart  i,  and  Chart  a  de  Furefta,  with  the  other  Ar- 
 ticlesto  them  annexed 5  that  be  fbouldexatt  and  take  no  aides,  taxc,  or  tallage  from  the 
 Clergy  or  Commons  without  their  common  con  fait  in  Parliament,   and  that  be  fljoitfd  remit 
 4.7  offences  to  thefi  Earles,  and  their  confederates^  all  which  the  King  ratified  by  his 
 (y)  Charter  at  largely  his  oath,  and  by  a  folemne  excommunication  of  the  Bifbops 
 twice  every  yearc ,  of  all  thofe  who  mould  tranfgrefle  this  Charter  of  his-  For  P    CUnM- 
 which  the  Laity  pave  him  the  ninth,and  the  Clergy  the  tenth  penny  of  their  goods. 
 And  because  this  confirmation  was  made  in  Scotland,  the  Kings,  and  divers  others 
 promifed  fur  him,  that  be  fiottld  conjirme  it  when  he  came  into  England ,  which  they 
 •prdfing  him  to  doe  in  a  Parliament  at  Lmdunjn  the  27«yeare  of  his  reign  :aftcr  fume 
 defies,  he  ratified  it  with  this  addition  in  the  clofe;  javing  the  right  of ourCrowne, 
 which  vvhentheLords  heard  ,fhcy  departed  home  in  great  difcontentfiut  the  King  re-fum- 
 moningthemat  qnindenaP  afebe ,  granted  all  things  ahfolutely  according  to  their  defire 
 committing  the  per- ambulation  of  the  Forelts  throughout  E^AWro  three  Bifhops 
 three  Earles,  dnd  three  Barons,  to  fettle  their  bounds  according  to  God  and  juitice: 
 which  not  being  fpeedily  executed,  but  neglected  (the  King  having  purchafed  a  di- 
 spensation of  his  oath,  wherewith  he  had  ratified  his  forefaid  Charter,  from  the 
 Pope)  hereupon  the  King  holding  a  Parliament  at  Stamford,t\\e  2p.of  his  reigne,  the 
 Lords  and  B  irons  rip  lirfd  thither  with  great  fore  ofborfes  and 'Arms,  with  a  purpofe  to  extort 
 a  utll  execution  of  the  Charter  of  the  Forefts  hitherto  deferred :  upon  which  the  Kinsr-con- 
 iklering  their  carneluiede  and  importunity,  condef  ended  to  their  will  in  all  things. 
 
 Mv,  narliaments,  Lords  and  Prelates,  in  former  times  have  affirmed  •  that 
 when  a  Parliament  was  once  met  together  by  I  aw  full  fnmmons,it  might  not  be  diffelzeder 
 difcontbmed  igtine  at  the  Kings  mtere  fh  xfure,  till  all  the  piblike  affaires  for  which  it 
 wx  called  were  difpatcbed,  all  grievances  redreffed,  and  all  Petitions  exhibited  therein,  ful- 
 ly beard,  and  anj 
 Co?:  I  din 
 
 the  Pope  a 
 
 all  the  Cbnrcbt 
 
 to  l>-  ■•  bairt 
 
 the  manner    0)  |  tents  ih  England  :  which  infbrmes  US  •   That  the  frft   hiSwayv&e. 
 
 ftbeParliam  1  mat  ions  ought  to  /.,  '■  the  City  or  T owner) here    Se&1    JtJQ. 
 
 the  Parli  tmvit  it  \ept  •   That  all  thofe  who  ;vou'l  deliver  Petitions  or  Bifs  to  the  Parliament     ?m  l°2' 
 them  in  aeeri  That  h%  Parliament  frotrldnot  depirtfo  !o?i^  as  any 
 
 tbentohangeth  una  led,or  at  the   feafi  to  which  there  is  not 
 
 mile  t  determinate  anfwer  :  the  Kings  Maffy  being  dtfirom  if  bU  trace  and  favour  to 
 ghc  'ye&  ireffeof  any  in)*ry^not  to fiefferbb  peoph  ''fed.  Hence  de- 
 
 the  Parliament  OUGHT    TO  B  E  in  fab  manner.  Firftjj   OUGHT 
 
 TO 
 
The  Treachery  and  Difloyaky  of 
 
 TO  BE  demanded,yea  and  publicity  proclaimed  in  the  Parliament,  and  within  the  Pal- 
 laceof  the  Parliament^  whether  there  be  any  that  hath  delivered  a  Petition  to  the  Parliament 
 and  hath  not  received  anfwer  thereto  1  If  there  he  none  fuchy  it  is  fuppofedthat  every  one  if  fa- 
 t'*sfyed,or  elfe  anfwered  unto  at  the  haft,So  far  forth  as  by  haw  it  may  be.  And  then  all  may  de- 
 part.Hcnce  it*was,that  in  2l2\..2.c.i6,i7,i8.)i9.Divcrs  Petitions  not  read  noranfive- 
 red  in  Parliament,by  reafon  of  (hoitnefle  of  time,andnot  determined  fitting  the  Par- 
 liament, were  by  fpecial  Acts  of  Parliament  referred  to  divers  Lords  and  Commons 
 '  to  examine,  an  fiver,  and  plainely  determine  all  matters  contained  in  the  (aid  Pe- 
 titions, as  they  mould  thinke  beft  by  their  good  advife  and  discretion;  even  out  of 
 Parliament  5  which  they  heard  and  determined  accordingly,  and  made  binding 
 Acts  thereupon,  asappearesby  the  Statutes  themfelves.  This  Doctrine  was  very 
 well  knownc  to  King  John,  Henry  the  3.  Edward  the  2.  Richard  the  2.  Henry  the  6. 
 and  Edward  the  4.  the  Parliaments  which  opposed  ,  and  deposed  mort  of  them  (it- 
 ting  and  continuing  fitting,  both  before  and  after  their  depoiing,  fore  againft  thei* 
 wills,as  the  fore-remembred  hiftories  manifeit  5  elfe  no  doubt  they  would  have  bro- 
 ken up  all  thefe  Parliaments  at  their  pleafure,  and  never  permitted  fuch  Acts  and 
 Judgements  to  pafle  againft  themfelves.  Favorites,  ill  Counfeliours^rctended  Pre- 
 rogatives, had  they  lawfull  power  to  dilolve  them,  fummoned  in  their  names,  or 
 the  Parliaments  actually  determined  by  their  depofitions,  or  resignations,  as  wefind 
 they  did  hot,  and  none  ever  yet  held  they  did.  King  Richard  the  2.  fearing  the  lofle 
 ofhisCrowne,  or  fome  reltraints  by  Lawes,  in  then,  yeareor  hisReigne.  pro- 
 (b)SeciiR.i  pofed  this  que&on  among  others,  to  his  Judges  at  Nottingham  Caftle5  whicli  (  for 
 ci  2.  oughtlrinde)  was  never  doubted  before,    (£)  Whether  the  Ring  whenfoever  pleafeth 
 
 him  ,  might  diffolve  the  Parliament,  and  command  his  Lords,  and  Commons  to  depart  from 
 thence  or  not  ?  Whereunto  it  was  of  one  minde  anfivcred ,  That  he  may  :  And  if  any 
 would  proceed  in  the  Parliament  againft  the  K'mgs  wiH,  he  is  to  be  f  unified  as  a  Traytor. 
 For  which  opinion  and  others,  fome  of  thefe  Judges  and  Lawyers  fas  Treftlian 
 and£/^e)  were  condemned  of  high  Treafon  the  next  Parliament,  n  R.2.  drawn 
 upon  a  Hurdle  to  Tybume,  and  there  executed,  as  Tray  tors  to  the  King  and  Com- 
 monwealth :  others  of  them  Q  who  delivered  their  opinions  rather  out  of  feare  of 
 death,  and  bodily  tortures  than  malice  )  were  yet  condemned  as  Traytors,  and 
 bammed  the  kingdome,  onely  their  lives  werefpared.  True  it  is,  that  the  packed 
 and  over-awed  Parliament  of  2\  R.  2.(terrifyed  by  the  Kings  unruly  great  Guard  of 
 Chefhire  Archers  forementioned  )  21  K..2.  c  12.  being  fpecially  interrogated  by  the 
 King,  how  they  thought  of  thele  anfivers  of  the  Judges,  laid ;  That  they  though  they 
 gave  their  anfwers  duely  and  faithfully,  a',  good  and  lawfull  liege  people  of  the  Kiii^ou^ht  to 
 doe :  But  yet  the  Parliament  of  1  H.  4.  c.  3,4.  repealed  this  Parliament  of  2 1 .  R.  2. 
 with  all  its  circumltances  and  dependents,  revived  the  Parliament  of  1 1  R.  2.  with 
 the  judgements  and  proceedings,  given  againlt  thefe  trccherous  temporifing  Judges, 
 as  a  thing  made  for  the  great  honour  and  common  profit  of  the  Ptealme.  Befides, 
 (e)  Cooke  p.  the  (c)  Statutes  of  King  Alfred,  and  Edward  the  3.  (which  enact,  that  a  Parliament 
 Rep.f.  1  • in  Jhe  jjyjlj  be  holden  once  every yeare,  and  ofiner  if  need  be,  for  redrejfe  of  mifchiefes  and  grievances 
 Ep'rt^V^'  i&kb  daily  happen')  ft  rongly  intimate,  thatifa  Parliament  ought  in  Law  to  be  called 
 r.  4.^  ,-..3.  .  asoftenas  needeis,  of  purpofe  to  red  refit  the  Subjects  grievances  and  mifchiefes- 
 then  it  ought  not  in  point  of  Law  to  be  diflblved,till  thefe  gtievances,and  mifchiefes 
 be  redrafted  5  eifethefummoningof  it  would  be  to  nopurpoie,  and  bring  a  great 
 
 trouble 
 
tPapifls  to  their  SoVeraigncs*  2  2 
 
 trouble  and  charge  to  the  whole  kingdome,  without  any  benefit  at  ail  •   Morco 
 (he  Ring  by  bis  Oath  3  is  bound  to  doc  equal]  jufticcand  right  to  all  his  Subjedsln 
 all  his  Courts  of  jultice :  In  Mtgns  Cbartmt.  29,  he  makes  this  Protefifttion^  H  • 
 
 iher  Jitfticcor  Right:  and  by  fundry  other  (d)  A '•■ 
 tbt  Kings  Judges  art  frvorne  and comMMtded)  to  doc  even  Larv  and  execution  ef  right  to  all  Sur.j 
 [is  *t  having  regard  to  any  per  fin ,  and  without  letting  or  dc-  c'z' 
 
 ingtodot  n  my  Letters^  Writs  ^  or  Commandements  that Jhall come  to  them  from 
 
 '  jh.ill  doe  nothing  by  vertut  of  them,  but  got  forth  udne  the  Law. 
 and  hold  •       .  here  the  Pleat  and  matters  he  depending  before  them.,nnt- 
 
 wkhftanding)  asi  h  Letters,  Writs,  or  Comman  dements, were  come  unto  tbem.Thc 
 
 makers  therefore  of  thelc  Oathes  and  Lawes  (in  dayes  of  Popery  )  and  the  Parlia- 
 ments of  2  E.  3.  c.  8.  14E.3.C.  14.  1  R.2.C.2.  11R.2.C.C).  which  enact,  That  it 
 pat  not  be  commanded  by  the  great  feale  or  little  feale,  to  delay  or  difiurbe  common  right^  and 
 inn  vidments  dot  come  ^  the.  Jttft  ices  Jhall  Mt  therefore  Late  tj  doe  right  m  A- 
 NT  Y    POINT,   that  Jujiiceand  right  be  indifferently  mini  fired  to  every  of  the 'Kings    ■ 
 
 :  did  Certainely  belceve,  that  the  King  neither  by  his  great  nor  privy  feale, 
 nor  by  Writ  or  Letter  could  without  juit  or  lawfull  caufe  afligned,  prorogue  or  ad- 
 journ* the  Ternae  or  lifting  of  any  Courts  ofjullice,  much  letie  prorogue  or  diflolvc 
 his  higheft  Court,  and  grand  Councellof  the  Realme,  the  Parliament,  or  difable  the 
 to  lit  to  redrefle  the  kingdomes  and  Subjeft  s  feverall  grievances,  or  fecure  the  Realm 
 from  danger-  Which  if  he  might  lawfully  doe  at  his  pleafure,  without  the  Houfes 
 Joynt  afifents,  there  would  neceflarily  follow,  not  onely  a  deferring  and  deniall,but 
 likewise  a  fayler  of  Juilicc  in  the  higheit  Court  of  Juftice  5  which  thele  A&s  difable 
 the  King  (who  is  To  farre  inferior  to  the  Law,  that  he  cannot  fo  much  as  delay  the 
 frnalleit  proceedings  of  it  in  any  Court  orSe(uon,byhis  fupreame  power,  by  any 
 meanes  whatfoever  )  to  eflfeft  in  his  meaneft  Courts,  much  leffe  then  in  the  greateft; 
 from  whence  theuabverfion  of  Lawes,Libcrty,]ufi:ice,and  the  whole  P^ealme  would 
 en.ue.  If  any  therefore  cavill  at  the  Act  for  continuance  of  this  Parliament,  till  bfb 
 H'u/esJJyjU  agree  to  adjonrne  or  diffolve  it  •  or  at  the  Bill  for  TrimniaU  T \trli.xmeiHs,  which 
 mtbentbey mtete  3  JbaU  not  be  diffolved  without  their  confents  for  fifty  dajes  (fact  next  after. 
 their  firtf  meeting :  Let  them  now  learne,  that  this  is  no  Innovation,  nor  encroav  I 
 menton  theCrowne,  but  an  ancient  Priviledge  of  Parliament,  both  claimed,  pra- 
 ftifed,  and  refolved  in  times  of  Popery,  in  an  higher  degree  then  now  it  is.  And 
 thus  you  fee  how  in  thefe  particulars,  the  Popifh  Parliaments,  Prelates,  lords  and 
 Commons  in  forme*  times,  have  claimed  and  exerciled  farre  greater  Priviledgel  and 
 Juiifdiftions,  than  this  or  any  other  Protectant  Parliam.nt  hath  hitherto  claimed, 
 or  pracYifcd  :  which  I  hope,  will  forever  filence  the  clamourous  tongues  of  all  ill 
 CounfclIourS;  Courtiers,  Royalitts,  Maligmants,  Papilts,  and  Cavaliers  againit 
 the  preient  Parliament,  of  whole  highelt  (yet  moderate  J  proceedings,  themfei- 
 alone  have  beene  the  occafions,anchhcrefore  (of  all  others)  have  leaii  caufe  to  com- 
 plains againiUhcm. 
 
 »r#  3, 
 
 Bu  T    to  returne  againe  to  the  hrft  grand  Objection.    Thirdly,I  anfwer,that  the  The  Pari. 
 High  Court  of  Parliament,   and  whole  kingdome  which  it  reprefcnrs,  may  in  moitaiidJ 
 divers  refpects  betruely  and  properly  faid,  to  be  the  High  ft  Soverajgm  power  of  aU  0-  io™f f£ 
 werij  ana al ore  th  King  himfelft :  which  becaufe  it  may  feme  a  dangerous  p  -  .      )  ,;!c l^riTQ 
 
 E  and 
 
34  1  hat  the  Parliament  and  Kingdomt 
 
 and  tends  much  to  the  vindication  both  of  the  Privikdges*  Honour*  and  JurifdiUions 
 of  our  High  Court  of  par&tiqent,  (now  Co  much,  undervalued  ..becaafe  not  really  known 
 to  molt)  and  to  the  jurlincation  oF the  proceedings  in  this  prefenc  Parliament,which 
 many  out  of  ignorance  and  malice  ib  much  declaimeagainft  both  by  word  and  wri- 
 ting, in  amoft  licent-ous  manner-  I  'thai!  take  a  little  liberty  to  demonftrate  the 
 truth  ot  it,  by  fuch  convincing  reafonsand  Authorkies}as  no  rationall  manf  I  hope) 
 (  \  Sec  Cnm-  ^a^  kcabk  to  coiKradic"t,butmnit  neceflarily  fubmitto. 
 
 ptonr  inr  ifdifii-       Firit,  it  is  undeniable  that  (e)  thcCourt  of  Parliament  hath  a  I 'awfuU  f orrery o  quefei- 
 et\  »/ Courts  Tit.  Gn  all  the  Kings  Patents*  Charters,  Ccmmifjions*  Proclamations^  Gratits*  WarrantsJVritS) 
 Parlian.Bncke  an^  Commitments  wba i fever*  whether  t  by  be  Legally  yea  to  cancel!  or  reflate  them  in  cafe 
 nr       **fEn     ^Ky  ^?e  Megatt>  mijch'uzQi'A)  or  onerous  to  the  Subject  *not  onely  without  hut  againfl  the  Kings 
 c.S.i 7 \.     '  confetti,  and  mandate  to  the  contrary  5  asappearesby  infinite  precedents  in  this  and  all 
 Chto.tf Ireland  fo  rmcr  Parliaments, the  fcourges  of  Monopoliits,Patemees  and  Projectors,  the  Pelts 
 p.  1 2o.  to  1 30.   of  the  Commonwealth.  The  like  power  have  all  other  Courts  of  Jmtice  within  the 
 prTho.Smirb  kingdome  in  Tome  degree,  when  inch  Charters  and  Writs  of  the  King  are  brought 
 &£iJ™c[i'X  judicially  before  them,  becaufe  they  are  Courts  of  the  Law*   to  wlveh  the  King  and 
 3.  cmel  fy       att  b'vs  Aliions  are  and  mufe  befubjeff.    Now  that  which  can  thus  quelUon,  cancdl,diA 
 Mirf.Tn.Pir,  anull,  revoke  the  Kings  owne  Royall  Charters,  Writs,  Commi (lions,  Patents,  &c. 
 Can.B'i]>A77  though  ratified  with  theGreat  fc^lc  and  regall  power, evemagainit  hiswill,  muli  cer- 
 tainely  be  a  Soveraigne  power  and  Authority,  which  in  point  of  Law  and  Tuitice 
 isfuperiourtotheKing.  This  isB^^»/rcfolution,    /.  2.  c.  16.  /.  34.  a,  and  Fie- 
 taes  I.  T  .c.  1  j.  W7 here  they  a ffirme,  the  Law  and  Tarliament  to  be  abiivelbetKi??g*becauCe 
 they  may  cenfure^judge,  and  refcinde  the  Kings  Ads  &  Chartcrs,legalJy  and  judicial- 
 ly, even -againft  his  penonall,  though  not legall  Will,  which- is  tUeLaw. 
 
 Secondly,  Jtisunqueilionably  true,  that  in- all  cafes  of  difference  betweene  the 
 King,  and  all  or  any  of  his  Snivel:?,  though  they  concerne  the  Kings  Prerogative 
 and  the  hi  gh*  ft  branches  thereof,  the  Parliament  is  thefupreameftand  moil  proper 
 (f)Rex7tijufti.  Juilge,  and  its  refolution  (from  which  there  is  no  appeale  to  any  higher  tribunall) 
 narcci '  pienda  (hall  finally  binde  not  onely  all  the  Subjects,  but  the  King  himfelfe,  nctwithOan- 
 mimmo  dc  regno  ding  his  owne  perfonall  difafient.  This  is  manifell  by  the  many-late  refolutioris  gi- 
 mmmmlft^i'  venhiParliamentaeainft  fundry  Talents*  CommiJJions.  WjoU*  Charters*  Impsfiti 
 bet  vel ouaflin  Loanes^  Sbipwoney,  Forcft-Boundr*  Jlfarfcall  Law*  p 'refng and  Biltd ting  S&ttidur s*lm- 
 judiciofkfcipi-  prifonment*  by jpeciall  Cnmmas 'dof "the  Kitig.orbis  Prizy  Coan.'elt,  tonnage  avd  Poundage* 
 endotBra&oriyL  Kni?bt-h  \  •  "Taxes,  the  Comm'flion  of  A; rax*  and  the  like,  which  cbliece  both 
 i  'J'J '  &  Kins  and  Subject  •  rhe  Kbfg  m  receiving  juftb  e}  in  .k  h  cafes*  being  fv.h]i&  to  the  Law  as 
 (g)  lLi.c.<J.i7 • 7VC^  M  fhe  meatoifi  of  bx  SidjMs .  as(f  )  Bratton  truely  avers, againll  all  Royalifis  mi- 
 {h)Cap.$.to  1 5  ftakes.  Now  that  which  can  thus  f  naily  conclude  and  binde  the  King  Ifmfelfe,  e- 
 (?)  Speech  in  vcnvolens  mh??^  incpfts  of  hiaheit  concernment,  ennenching  fartheit  upon  his 
 Ffrtiatn.  1609  prcr0gative  Pvoyall^  mw\  doi.btleiTe  be  the  rnoii  Soveraigne  power,  Sttperiottr  to  the 
 )Jnt>x*AHsWJv  ^^nSs'  A  iid  in  this  fence  every  Court  of  julHce;  whofe  ju?^  ref  -.iudons,  and  every 
 Mm.Edij.vo!;  1  Petty  Jury,  whofe  upri^hr  verd ifts  oblicge  the  King  (' becaufe  warranted  by  the  Law 
 />.M4.  which  \%$arammnt the King  (&$Bfa&on*(g)Fleta*  (to)  Forte line*  (f)KmgJamei9    \ 
 
 (jyfolit-l.i-c-  (l^EdwardtbcC-'-efr,-  .   --a  and  (/)   Aripile*  refolve^  ma, •  betrDcly  Uidtokea-    : 
 ic,ii^2.  bovethzKin;  Liiidu ;  h-.it  not  above  the  P    I:  -ment,  which  by    ■ 
 
 Br'. PaiMa qz.  i^opprlativ^  powtJt  r.^y  examine  all  Qm)   judgements  and  mother  Courts 
 
 Ajpjab.6^67.  by  way  of  error,  or  sfpeale*  andrevcrfethemif 'there  be  caufex  when  as  the  King  in  per- 
 
 lbn 
 
an  the  SoVeraigne  Tolber.  ^  ^ 
 
 ion  cannot  by  Jaw  cx.unif;  .  iicthein,  kitoncly  in  his  Courts  n>t  Ju.tice,  by    {m  . 
 
 his  |ik1: 
 
 Thirdly,  Par/iamentj  eft  times*  f,  tntarg  //». 
 
 rttQAtivc  end  Roy aU  p>n  7,  uiirbicbti\  id  90  Jucb  JHrijdiii un  ^ili 
 
 .  witneflc  the  Statute^  frarog             jis,  The  notable  Parliament  (>  \ , 
 [lofi  W-4-  www.  108.  Where  the  Con                  rliament  grant  the  King,  that  ;•'  ■ . 
 he  fcall  be  in  as  G  R  E  A  I     B  O  Y  ALL     L  1  1*  E  K  I  Y  as  his  Noble  Progeni- 
 tors were  before  him  :  having  formerly  made  the  like  Grant  to  King  Richard  the  fc-  p'! v 
 
 ■  j •  1         1    ■    •  c     1       1  •  t\en 
 
 cond,  who  perverted  it  to  the  altering  or  the  L awes  111  many  things,  as  appeal  cs 
 
 by  this  Roll.    25  H.  8.(7.19,20,11.  26H3*.i,$.  31  /-i.8.c,g.  3+,and  35  H-  *U  23.  j 
 
 jyH.8,c,  15.  28H.S.  c.7.17.  3  &  4E. 6.r.  n,  12.  1  E/zjc.  i,  2.  with  fund ry  other  Al***n&>  ,/.j. 
 
 A&>.    Now  chat  Parliamentary  power,  which  onely  can  create  and  con? 
 
 Kings  a  greater  regall  Authority,  and  Prerogative  than  they  had  before 
 
 needs  be  the  Originall  and  fupreame  Authority  :  foras  we  rightly  argue  (m)  i 
 
 the  Kmgt  Ami  ttperiour  to  all  peatefl  0  !  fubordmate  A /p.. 
 
 w  Utm  dt  rived  £  vm  bi< :  S  o  we  m  ay  fi  o  m 
 thcfelfc-fame  reafon  concli  h  Court  or  Parliaments  power  (the 
 
 fcprefentative Body  [omej  is  the  molt  Primitive,  Sqve 
 
 and  greatest  Auth    rl  largei  anJ  higher  than  the  Kings  \  (»j 
 
 .  all  whofeoriginajlor  additional!  Koy- 
 .iinfelfe,  or  his  Anceftors  oune inherent  heie- 
 juiily  without  his  peoples  confines,  uiu.-pca  (/>•', 
 .  native  to  himfej&j  over  an  wholt  Countrey  >)  L  it 
 n  eJirandgrantofhis  people  in  the  Parliament.  1  hi? 
 ely  by  the  various  CO  kinds  or"  Kings ;  whereof  fome 
 and  authority,  others  or  letTe  ;   fome  by  EJeftion,  other*  bv  F§Z.}.2c 
 1  Ton  of  their  Kingdomes  Sc  Sirbjccts  original  inftitntion3by  die 
 the   Monarchy  in  this  kingdomc,  which  hath.  beene(/<)  '* 
 ivided  into  (even,  iometimes  into  five,  fomctimes  into  three  or  t\.   1 
 and  at  lart  reduced  unto  one ;  by  the" great  fq)  changes  and  alterations 
 .  in  all  Foraine  r\ealmes,which  have  Iometimes  multiplyed, Iometimes  dimiriiih-  l.$x.i 
 edthe  number  and  power  of  their  Princcs_,and  lomtimes  quite  abo'lijhed  tl$\  •  >  >  :.;. 
 
 filing  it  into  an  Arii  tr  ru  e,  or  Da  I  he  di-    J  °  ?; l  °9> 1  r  °« 
 
 vine  Authority  of  S.  feWi  who  in  t*:is  repaid  calls  Kings  and  their  Supremacy,  a   [    ^  •*SXXJ« 
 (7)  1  ?tttre9ov  Ordinandi  /*M*»hecan4e  tnflittotedt  (imited9  and  moulded  iuu  b-  ('u)DeOIRciii 
 
 menover  reborn  they  reign*  .   but  likewile  by  two  exprefle  deter-  IzjCtetim ft 
 minati- ->ns  otArrfmtle  in  theie  tcrmes,  f/J  frfffc*  ^r«r  ^:  ■    1 1  N  D  A-   *^»« 
 
 T  A  c-  C  ( )  \  r*  I  lv  M  A  T  A    S  U  N  T.  \\iyd   (0  Ft^;;  Ktgww  cjr  \mfmon   \ 
 majpribm  &  prxftam  >**    VOLUNTATE     CIVIUM     DELA-y; 
 
 T  LI  M,  icjoudtxlby  (ji)7ith^   Liz /V,  and  others.  j£',J[ 
 
 It  is  the  unaniwerablc  Argument  oiMnitu  Sal  imonrn^m  %'  i  ncomparable  Roman   '•  1   S  v;.  j 
 I  awy/erajKi  Philoibphcr  )  in  his^i/'.  1.  dePrincjpatn,  p.  17  to  27.  Printed  ahParx'.    l4''  ^  6  -;'  4. 
 157&F  Qmfrhnkgio  Rt^i*  •    Toprote,   77v  >vbj!cKin^domearid people  tbc  Sovcraizrie    pl4*i 
 •,  greater  tb.intk?r'iH\\  frdibtPrpjct  (  be  he  King  or  EmperourJ  .'mferiuiirim-    ]' 
 :<  not  oni[\  tbti  i   tro-   being  oriqinaUy  created  tys    >■ 
 
 and  for  tbem.     Kow  as  tien  Creator >  U  of  greater  power  and  axd  g  itx  cnaticre^and   ( 
 
 E  2  acy  'krfftilt 
 
The  Treachery  and  Pi/loyalty  of 
 
 every  caufe  greater  then  its  ejfett :  So  the  Authority  and  power  of  the  people  which  creates  tht 
 Prince  and  Princely  power ,  and  augments  or  limits  it  as  there  is  caufe,  mujl  needs  be  greater 
 then  the  Prince  or  roy  all  power.  Who  though  he  be  greater  than  a?jy  private  fub]e&  or  magiferate 
 ever  wfom  he  rules  5  yet  he  ufeill  inferiour  to  all  the  people  and  kjngdome,  whofe  Servant  or 
 Creature  he  isy  and  by  whofe  authority  he  doth  and  manageth  all  th'mgs.  And  though  Princi* 
 palities  generally  considered  be  of  God ;  yet  the  confeitution  of  Princes,  and  t])eir  jeverall  de- 
 grees of  power  are  meerely  from  men  :  for  if  the  regall  Authority  of  Kings  were  meerely  from 
 the  haw  of  Cjod,  or  nature  (as  many  ignorant  Court  Do&ors  now  Preach  and  write) 
 it  fhottld  be  tht  fame,  and  lik^  itfelfe  in  all  kjngdomes,  tin  fame  among  the  Romans.,**  Par- 
 thians,  Scythians,  Medes3  and  other  Nations ;  But  it  is  not  the  fame  among  all  tfofe 
 Nations,  but  different^  fitch,  Qualis  fuo  cuique  placet  popnlo,  as  every  People  pie  a  feth  to 
 prefcribe  and  maly  choyce  of-0  the  Power,  Rights,  and  Royalties  of  the  Kings  of  the  Parthi- 
 ans,  Medes,#W  Scythians,  being  fuch  as  the  Parthian  s,  Medes  and  Scythians/?/^; 
 therefore  the  Rights  and  Prerogatives  of  the  Roman  Empire  and  Emperours,  fand  of  the 
 kingdom  and  King  of  England  too)  fuch  as  the  Pvomans  pleafed,a?2d  prefer  ibed  by  their 
 *See/>,4$,i  26  Lex  Regia :  Which  he  there  profecutes  at  *  large.  And  it  is  the  direct  conclu(ion,not 
 *z7*  onely  ofthis  Authour,  butlikewifeof y^y^ri^j*  a  Sfj?/zjfrjefultein  hisBooke 
 
 De  Rege  &  Regis  infritutione,  /.I.  c.8.  Dedicated  to  King  Philip  the  third  ofSpaine^nd 
 Printed  by  his  and  the  Emperours  fpeciall  Pr.iviledge  both  in  Spaine  and  Germany  ; 
 That  the  whole  Commonweal?,  hjngdome  and  people,  are  of 'gr -eater power  and  Authority  than 
 the  King ;  as  for  other  reafoiis,fo  for  this,  that  he  is  but  their  Creature,  Servant,  and 
 derives  all  his  Roy  all  Authority  from  tlxm  alone^  not  for  his  owne,  but  their fervice,  andbs- 
 neft,  who  may  enlarge  or  reflraine  it  as  they  fee  jufi  caufe.  And  not  to  trouble  you  with 
 Foraine  Authorities  in  this  point,  which  are  infinite;  I  (hall  onely  acquaint  you 
 with  the  refolutions  of  fome  eminent  ancient  Lawyers  of  our  owne. 
 
 Andrew  Hornes  an  eminent  Lawyer  in  Edward  the  firit  his  Reigne,  in  his  Myrrmr 
 of Ju ft ices ;  Chap.  1.  Sect  2.  p.  798,9.  writes  thus  of  the  original!  inftitution  of  onr 
 Englifh  M  onarches .  After  that  God  had  abated  the  Nobility  of  the  Britaines^  who  rather 
 ufed  force  than  rights  he  delivered  it  to  the  mofi  humble  andfimple  of  all  the  neighbour  Natiens, 
 the  Saxons ;  who  came  from  Germany  to  conquer  it*  of  which  Nation  there  havs  beene  forty 
 Kings,  all  which  heldthemfelves  to  have  COMPANIONS.  cc  Thefe  Princes  cal- 
 c  led  this  Land  England,  which  before  was  named  Greater  Britain*.  Thefe  after  crreat 
 
 *  warres,  elected  from  among  them  a  King  to  Reigne  over  them,  to  governe  thepeo- 
 f  pie  of  God,  and  to  maintaineand  defend  their  perfbnsand  goods  in  peace,  by  the 
 c  Rules  of  Law  (or  Right :)  And  at  the  beginning  they  caufed  the  King  to  fweare, 
 
 *  that  he  will  maintaine  the  holy  Chriftian  faith  to  the  ntmoftof  his  power,  and 
 c  guide  his  people  by  Law,  without  refpec't  to  any  perfon,  and  fhall  be  obedient  to 
 c  fuffcr  (  or  undergoe  ) .  Law,  as  well  as  others  of  his  people.  And  afterwards  this 
 cRealmewas  turned  to  an  heritage,  according  to  the  number  of  his  Companions, 
 c  who  divided  the  Realme  into  38.  Counties,  and  delivered  each  one  a  County  to 
 ckeepe  and  defend  from  Enemies,  according  to  every  ones  eftate.    And  although 
 
 *  the  King  ought  to  have  no  Peeres  in  the  Land,  yet  because  if  the  King  of  his  owne 
 r          c  wrong  mould  offend  againft  any  of  his  people,  neither  he,  nor  any  his  Commida- 
 
 cries,  can  be  both  Judge  and  Party;  OF  RIGHT  IT  BEHOVES,  that 
 c  the  King  fhould  have  COMPANIONS,  for  to  heare  and  determine  in  Parlia- 
 ments all  the  Writ?  and  plaints  of  the  wrongs  of  the  King,  the  Queene>  and  their 
 
 chil* 
 
Tapijis  to  their  SoVeraiyics. 
 
 'chil  dtcr.j  and  ofthoft  cfpccially  ,  of  whole  w  rongs  tiny  could  not  otherwise  I 
 c  common  right,  ThcfeComj  enow  called  <  aftertheLatine  Comi 
 
 1  and  (bat  this  day  thcie  Countries  arc  called  Counties,  andin  Latlne  Comitafuf,  -  . 
 Henry  de  Brafton,  who  writ  in  Hemytht  third  his  Rcignc,  as  in  his  forccia 
 ges  5  fo  in  others,  refclvcs  •  (x)*! bat  the  Kin  Lawjbecakfethe  I.  v&mdku  J  I 
 
 jo'maKing,  \b\m dominion  and)  N  >w  how  doth  the  Law  thus  make  J°7' 
 
 him  a  King,  but  by  the  Parliamcn^thc  Kingdomcs  great  CounfcJJ  ?  by  wbofi  Couxfell 
 smd  confent  alone^  all  Larva  werefirfl  matted,  and  yet  a  re,  as  the  (y)  fame  Authour  in-  cum 
 formes  us,  who  further  addes.    1  bat  the  King  ongbt  to  be  under  tbe  Law,  becaufe  Cbrifl  P"*« 
 wbofi  I  i-  ar  be  is  on  earth,  n  ben  be  came  to  redeeme  mankjnde,  m  ide  chqyfi  of  this  rvay  efbexi* 
 ally  to  deftroy  tl  ■/  tb  DeviU,  fifing  not  thefirengtb  of bis  power,    but  tbc  reafon  of  bit 
 
 jnfiice,    Mid  Jo  would  be  (z)  under  the  Law,  that  he  might  redeeme  tho(c  that  are  un- 
 der the  Law ;  Thus  the  Virgin  Mary  the  mother  of  our  Lord,  who  by  lingular  pri-  *.f'i 
 viledge  was  above  the  Law,  yet  to  fhewan  example  of  humility,  refuted  not  to  be  (•>)Gl1-  -. 
 (a)  fubjeftto  Legall  Ceremonies.    So  therefore  the  King,  leri  his  power  mould  re-  *4)  lllkt  ***2' 
 maine unbridled,  there  ought  not  to  be  a  greater  than  he  in  theKingdome  in  the  (K\RraR 
 exhibition  of  Juitice-  yet  he  OUGHT    TO    BE     THE     LEAST,  or  AS  ro/  i 
 THE     LE  A  S  T    I N    RECEIVING    J  U  DO  EM  E  N  T,  if  he  require  *& 
 it.     (/>)Thata  King  is  created  and  cle&ed,     (by  whom  but  by  his  kingdome?)  to  ^54>. 
 this  purpose,  to  doc  jnlice  unto  all.    That  a  King  cannot  doeany  thing  clfe  in   ,  •    J 
 earth  (Teeing  he  is  Gods  Minuter  and  Vicar)  nifi  id  flam  qucd  de  jiirc  potcjl :  but  fve  *  rode'iite* 
 that  onely  which  he  can  doc  by  Law.  That  God, the  Law,  and  his  Court  (to  wit)   '  ,■{«- 
 
 the  Earles  and  Barons  (in  Parliament)  arc  above  the  King,and  ought  to  bridle  him    ™*i*  ri'-':  «iam 
 and  jlvc  thence  called  Comites.  became  they  are  the  Kings  Companions.  Fief  a  an  an-  n  ?9&mc    ' 
 
 to  wit,  the  Parliament.  ■   "*"»&; 
 
 Fortefeme  a  Lawyer,  ChancellourtoKing  Henry  thefixt,  proves  at  large,  That  jv?/?/ 
 (d)  tie  King  0/"  England  cannot  alter  nor  change  tbe  Lawcs  of  bis  Realme,  at  bis  pleafim  .   tostnmeinx  - 
 Jkegovernetb  his  people  by  power  not  onely  Roy  all,  but  Politique.    If  hk  p»er  aver  t*fl*ejmr.t& 
 tbcm  Wirt  ray  all  onely,  tbt  bt  cbange  tbe  Lawes  of  bis  Realm*,  and  charge  bis  Smirk  LI  i 
 
 with tallage  and other  burtbens^  without  their  confent  $  andJuebie.the'Pomimomtbe  Chill  /J  \3^*,6• 
 Lawes  fntfort,  when  tbeyfay-  Tbe  Prin  es  pleafure  both  tbe  force  of  a  Law.  Rut  from 
 tbis  much  differetb  tbe  power  of  a  King  wboje  Government  over  ibe  people  is  To  'itique  •  For  Angle 
 HE  CAN  NEITHER  C  H  A  N  G  E  the  L  A  W  without  the  eonfent  ofbkSuh- 
 Acf/.NOK.  YET  CHARGE  THEM  W.ITH  STRANGE  IM- 
 POSITIONS AGAINST  THEIR  W'lLL.  Wherefore  bis  people  d  c 
 frankly  and  freely  en  tr  their  owne  goods ,  BEING    RULED    BY 
 
 SUCH     LAWES     AS    THEMSELVES     DESIRE,     neither    are  t bey 
 pilled  off  tb.  ir  their  owne  •  my  other.  Lil^t  p  eafiere  aljojhould  tbe  Subjt  fis  have  of  a 
 
 King  ruling  onely  by  Kojall  power,  folong  at  be  f all etb  not  into  tyranny,  St.  Thomat  inthe 
 Bookehe  wrote  to  the  King  olO,}r<^,  juitificth  the  State  of  a  Realme  to  be  fuch,  *Thisk  write* 
 chat  it  ma/  notbein  theKings  power  to  oppreMe  his  people  with  tyranny-  which  :o()"r  King 
 :hing  is  performed  onely,  when  the  power  Pvoyall  is  retrained  by  power  Politique.  **V  fhc  6^  ro 
 |i  )eyct  then  0  *  Soveraign*  ?rm:e,and  be  glad,  that  tbt  Law  of  tbe  Realme  wherein  you  (bail  "SfT  ^  di" 
 
 p  2  r         i     ecrsn's£>ooke 
 
 ^  o  fuecx 
 
j  8  That  the  Parliament  and  Kingdome 
 
 jkccee  d  if  fuch ,  for  it  frail  exhibit  and  minister  to  you  and  your  people  no  fmall  fecurity  and 
 content,  Chap.  10,11,12.  He  Ihowes  the  different  forts  ot  Kings  or  kingdomes 
 fome  ofgreater,others of  leiier power;  Tome  elective,  others  fucceifive  •  proceeding 
 nieerely  from  the  peoples  free  consents  and  inftitution,  and  that  the  ancient  JUg  yp- 
 tian,  JEthiopian,  and  other  Kings,  were  fubjeft  to,  and  not  above  their  Lawes,quo- 
 ting  funclry  paifages  out  of  drijioile,  concerning  the  originall  of  kingdorces.  C  bap, 
 13.  He  proceeds  thus :  "  A  People  that  will  raife  themfclvfs  into  a  kingdome  or 
 cc  other  Politique  body,  miillever  appoint  one  to  be  chiefe  Ruler  of  the  whole  bo- 
 "  dy^  which  in  kingdomes  is  called  a  King.  In  this  kinde  of  Order,  as  out  of  an 
 "  Embryo  arifeth  a  body  naturall,  ruled  by  one  head,  becaufe  of  a  multitude  of  peo- 
 cc  pie  afiociated  by  the  content  ot  Lawes,  and  communion  of  wealth  ,arifeth  a  king- 
 Cc  dome,  which  is  a  body  myiticall,  governed  by  one  man  as  by  an  head.  And  like 
 (casin  a  naturall  body,  the  heart  is  the  fidt that  liveth,  having  within  it  blood, 
 Cc  which  it  diftributeth  among  the  other  members,  whereby  they  arequickned  • 
 c<  femblably  in  a  body  Politique,  THE  INTENT  OF  THE  PEO' 
 "PLE  is  THE  FIRST  LIVING  THING,  having  within  it  blood- 
 cc  that  is  to  fay.  Politique  pro  virion  for  the  Utility  and  wealth  of  the  fame  people ; 
 "  which  it  dealeth  forth  and  imparteth  ASWELL  TO  T  H  E  H  E  A  D  as 
 "  to  the  Members  of  the  fame  body,  whereby  thebody  is  nouriihed  and  maintained, 
 c<,&c.  Furthermore,  the  Law  under  which  a  multitude  of  mm  is  made  a  peopje,re- 
 "prefenteth  the  forme  of  finews  in  the  body  naturall  5  becaufe  that  like  as  by  lioews 
 cc  the  joyning  of  the  body  is  made  found;  fbbythe  Law,  fwhich  taketh  the  name 
 "aLigando,  from  binding)  fiich  a  Myiticall  bo^y  is  knit  and  preferved  together,* 
 ccand  the  members  and  bones  of  the  fame  body,  f  whereby  is  represented  the  found- 
 "  neMe  of  the  wealth,  whereby  that  body  is  fu'lained)  doe  by  the  Lawe^as  the  na- 
 "turall  body  by  iinewes,  retaine  every  one  their  proper  function.  And  as  the  head  \ 
 "  of  a  body  naturall  cannot  change  his  Sinewes,  nor  cannot  deny  nor  v;<it.h-no!d 
 "  from  his  in  feriour  members,  their  proper  powers,  and  feverall  nouriffcrheBt*  of 
 « blood:  So  NEITHER.  CAN  THE  KING  (who  is  the  head  of  the 
 <c Poli tiquebody)  CHANGE  THE  LAWES  OF  THAT  BODY, 
 "  nor  wkh-draw  from  the  faid  people  THEIR  PROPER  SUBSTANC  E 
 "AGAINST  THEIR  WILLS  OR  CONSENTS.  For  fuch  a 
 "  King  of  a  kingdome  politique,  is  made  and  ordained  for  THE  D  E  F  EN  C  E 
 «OF  THE  LAWES  OF  HIS  SUBJECTS,  and  of  their' bodies 
 "andgoods.  WHEREUNTO  HE  RECEIVETH  POWER  OF 
 "HIS  PEOPLE,  SO  THAT  HEE  CANNOT  GOVERNE 
 "HIS  PEOPLE  BY  ANY  OTHER  L  A  W.  Chap,  14.  headdes,  No 
 "  Nation  did  ever  of  their  oune  voluntary  minde  incorporate  thchifelves  into  a 
 "kingdome  FOR  ANY  OTHER  INTENT,  BUT  ONELY  TO 
 "  T  H  E  E  N  D,  that  they  might  thereby  with  MORE  S  A  F  E  T  Y  THEN 
 "  BE  F  O  R  E  M  A I N  E  T  A I N  E  T  H  E  M  S  E  L  V  E  S,  and  enjoy  THEIR 
 "Goods  free  from  fuch  misfortunes  and  lorfes  as  they  itoodin  feare  of.  And  of 
 .  "  this  intent,  &&ukl  fuch  a  Nation  be  defrauded  utterly,  IF  THEIR  KING 
 "MIGHT  SPOYLE  THEM  OF  THEIR  GOODS,  WHICH 
 "BEFORE  WAS  LAWFULL  FOR  NO  MAN  TO  DOE. 
 "And  yet  fhould  iiich  a  people  be  much  more  injured,  if  they  fhould  afterwards  be 
 
 governed 
 
are  the  Soyeraigne  To^er.  3  ? 
 
 "go  ne and ftrange Lawes,  and  fuch  pcradvcnture  as  they  deadly 
 
 ttedand  I,  and  molt  of  all,  if  by  th< 
 
 <<dii  i.  for  the  fa feguard  whereof   as  a l(o  for  their  honour,  and  «>f  their 
 
 "ow,  ,   T  H  E  Y    OF     T  H  E  I  rj     0  FR  I  1  L 
 
 "SUBMITTED    THEMSELVES    TOTHK    GO1  I E- 
 
 «MENT     OK     A    KING.     NO    SUCH     POWER     FREELY 
 Klin    HAVE    PROCEEDED    FROM    T  HEM  ;  and  yet  IF 
 c«THKY     HAD     NOT    BEE  CH  A     KING    COULD 
 
 "HAVE  HAD  NO  POWER  OVER  THEM.  And  Cbap.  36.  f[ 
 86.  He  concludes  thus.  c<  The  King  of  England^  neither  ty  himfelfe  nor  hisMi- 
 impoieth  no  Tallages,  Subiidies  orany  other  burthens  en  his  I  ieges,  oj 
 "changed]  their  Lawes,  01  makes  new  ones  without  the  conceffi  on  or  aflent  OF 
 "HiS^  WHOLE  KINGBOME  EXPRESSED  IN  HIS  PAR- 
 l  I  AMEN  T.  Thus  and  much  more  this  Learned  ChahceHonr  in  point  b  ,th 
 ofl  aw  and  Conference*  furlicient  to  llopthemouthesofall  Malignant  Lawyers  and 
 Ro\  Dedicated  toand  approved  by  One  of  our  devoutelt  Kings,  and 
 
 written  by  one  of  the  greatelt  and  learnedett  OSkers  of  the  Kiogdome  in   tb 
 day  s- 
 
 »rdsJ  (f)  Raphael  HoUnjhed^JobnVgrrtU  and  others,  in  their  Dc. crip-  I    1 
 tion'ofl  \tcdCum  •' ■,  rcfolvc  thus  of  the  Parliaments  power.77.>;V  ! 
 
 HATH    THE    MOST    HIGH    AND    ABSOLUTE    POW- 
 OF    THE     REALI  for  thereby  K I N G  S     AND    MIG 
 
 RINCES    HAVE    FROM    TIME    TO    TIME    BEENE 
 ,D    FROM     THEIR    THRONES,    and  Lams  art  cha&ed, 
 and  rpun'rfbedj    md  corrupted  Religion^  either  difatmUeder 
 
 ItitTHE    HEAD   AND    BODY    OF  ALL  THE  REA1  ME, 
 r  m  m  is  intended  to  bepreferk^  if  mi  by  hi  \ 
 
 thing  tb  it  *r  tin  •  e  en  :.:/Y7,   i  od 
 
 it  contradiction  or grudge  :  and  to  be  (hort^  aS  thi\  p'c 
 
 .  either  Centuriatis  Comitiis,   or  Tribunitiis,  tbefame  n  andm.v.  be 
 
 lament.     Now  the  Romans  in  their  AiTernblies  had  ptn\ er 
 
 toenaft  binding  Lawes,  to  create  and  ele& their  Kings  and  Em  .  and  like- 
 
 r  )  j  idge.  cen  lire,  and  depofe  them  5  to  create  and  cleft  aJ  A  Officers, 
 
 to*  rhange  the  very  forme  ot  their  State  and  Government  (  as  I  (hall  hereafter 
 
 manifest :) Therefore  by  thefc  Authours  refoluticsn,  the  Parliament  hath  an  abfb- 
 
 'hen  they  fee  juit  caufe.    $\rl>bomM  Smith  one  ot  the 
 
 of  State  to  Kins  hdward  the  5.  and  Quecne  kiza  etb9  ana  a 
 
 m-wealthof  England^  I  ?.   a.  in  the  old,  but  2.1;. 
 
 Tame  words  ineffeft  with  Jfolfafied,  andaddes,  that  the 
 
 forme  of $<  totbeCrt  I  igsRoyall  power  being  '  - 
 
 d  to  them,  conferred  on  them  bv  the  Peoples  and  kingdomes 
 
 -..cuts  in  Parliament,  and  all  tluir  new  additional!  Prerogatives  coo,' as 
 
 lifes  evidence,  ic  cannot  be  denyed,   but  chat  the  v\  hole  kingdom*  and  L 
 
 ■  in  this  (Infe above  him3  and  the  molt  Soveraigne  primitive  power 
 ther  powers  were,  and  arc  derived. 
 ourthly3  This  is  undeniable,  becaufe  the  whole  kingd<  lament,  may 
 
 I'.  noc 
 
40  The  Treachery  and  Diflojahyof 
 
 not  onely  augment,but  likewife  abridge    allay 4  abolijh,  and  refume  fomt  branches  of  the 
 
 Kings  r<y  jU  power  and  prerogative  iff  ben  bejufl  caufe,M  when  it  becomes  onerous, mifcbievous9 
 
 or  dangerous  to  the  Subjects ,inconvenient  to,  or  inconfifte?it  with  the  bjngdcmei \f  copies  welfare  ^ 
 
 peace,  fafcty,  Liberty,  or  tb'e  Lames  »  This  is  moft  apparent  by  Magna  Charta  5    Cbarta 
 
 de  Fore  ft  a,  Statntum  Ve  Tall  agio  non  concedendo,  Artkuli  fuper  Cbarta }   Con firm atio 
 
 Chwtarum,   iE.%. c.6yy.   2  E.3.C.  2.8.  3  E.i.c.  35.  9E.3.  c.12.5  E.  2,c.  9.  10E.  ?.c. 
 
 2,3.     14E.3.C.1.  14,  18E.3.C.8.  25E.3.C.4.    5^.3.c.i,2.  kStat.  5.C.8.U.36  £.3. 
 
 (.OSecihcAr-   C#I0#    37E.3.C.18.42E.3.C.3.    10R.  2.C.I.    II  R.2.C.I.C07.   I  R.3.C.2.4H.4.C.13* 
 
 Sh^oneyA  2I  Jacc.3.24.  7H.8.C.3.  The  Petition  of  Right,  3  Carol i,  moft  Statutes  again  ft  ?/,-,- 
 
 /mpofirions/sc  ^Jmh^':irdons,ProteU:io?is,  atld  for  regulating  the  Kings  Charters, Grants,  Revenues: 
 
 the  declarations  the  A&s  made  this  Parliament  again  ft  Ship-money,    Knighthood,  F  oreft-bounds,Prejjing 
 
 tgain.Hhe^;«-  of  Souldkrs,  the  Star-Cbamber,High'Commij]ion,  the  Trknn:all  Parliament,  thtcontinu- 
 
 r7•f"Rc^o1vir?',  ance  ^f^^^^^^nt^whilestUyfU^  with  ( g)  fundry  other  Atts,  which  reftaine, 
 
 of  Conference     abridge,  repeale,  refume  divers  reall  and  pretended  branches  of  the  kings  royall  Pre* 
 
 Sea  4,? .  rogative,  becaufe  they  proved  grievous,   mifchievous,  dangerous,  pernicious  to  the 
 
 (i)  Secje/hua,  people  and  kingdome.    This  then  anfivers  that  irratic nail,  groundlefTe  portion  of 
 
 t^^r^T)1'   ^0<^or  F€rm  5  Tbai  (fy  ^  Subje&J  neitkr  lawfully  may,  nor  ought  in  any  cafe  to  refume 
 
 chrouchour,    "  a^  or  a77J'Part  °J  '&**  Regall  power  wherewith  they  have  once  invefted  their  Kings  by  common 
 
 I  fa.  Jo  em.E%e\    confent^   though  it  prove  never  fo  mifdyievous,  and  be  never  fo  much  abufed  to  the  peoples  pre-* 
 
 m  fundry  ciup.  judke.    Which,  as  it  is  contrary  to  that  received  pi  iBciple  of  nature  and  reafbn  :  Eo- 
 
 (4)  Sec  Stefan  dem  modo  quo  quidconftltuitur,  dij]olviiur,l 'hat  all  Governments  created  by  mens  con- 
 
 Ma?We(LLt!ur    ^ents5  Specially  being  but  officers  in  truft  for  their  good  and  welfare  onely  5  to  (1) 
 
 Juffinflpmcrw    fendry  prtftdentfandfrepbefies  in  Scripture  concerning  the  Alterations,  Subverficns^Diminu- 
 
 \iuchroni.  thus  of  Kings  and  hwgdomes  ^  to  the  conftant  pra&ifeof  (/Q  all  Realmes,  all  States 
 
 (jbrenkarwmSt  whatfoever,  from  Adamtill  this  inftant,  who  have  undergone  many  ftrange  alte- 
 
 ?np/>!      '  rations,  eclipfes,  diminutions,  yea  Periods  of  Go  vernment :    to  the  Pvefolution  of  1 
 
 4,k, Plato  de       0)  Ariftotk,  and  all  other  Politicians,  who  hold  all  formes  of  Government  chan^eaA 
 
 Kepuhlica,Bod,  ble  and  revocable,  without  any  i?zjuftke,  if  'mcejfary  or  convenient ;  So  likewifeto  the  very 
 
 emmm-weafe.  end  for  which  Kings  have  regall  power  fas  well  as  other  Governours,  and  Governe- 1 
 
 7 h  jR  N?^  0l  nieilts )  and  for  which  they  were  ordained  ;    to  vjit,tbeir  hyigdomes,  peoples  (ni)  weA 
 
 PQljbMiftJ.6.    fare>  f afety,  peace,  proteElion,&c.     Salus  populi,  being  not  onely  that  Suprema  Lex, 
 
 (pi)  Rom,  14.   but  principalhndfoT  ivbicb  all  royall  power  wm  inftiiuted  by  G jd and  Man,  and  to  which 
 
 1  to  6.r  Wt  t.   itnuiftfubmitincafeit  becomes  incompatible,  or  inconfiftent  with  the  publique 
 
 1  *  *n  h  S-am"  *  wea^e  or  &fety ;    What  therefore  that  learned  Father  August  ine  Biftiop  o£Hippo,\on$ 
 VU  78?7Q  it-  ^nce  re^^ve^  touching  the  (no\v  much  contefted  for)  Lordly  State  of  Epifcopacy. 
 
 2  Chi  09.  rf.  1  which  he-andyieere  three  hundred  African  Bifiops  more,  were  then  ready  to  lay  downe  for  th. 
 Cor.  i.  2 1,22.  Churches  peace  5  I  may  fitly  apply  to  the  now  over-much  contended  for  fuppofed  roy 
 fifth  io.j.  aU  Prerogatives  of  Kings,  to  effect  peace  in  our  State,  in  thefe  times  of  uncivil!  m| 
 $  C&lf'y$?-  Htciry  (that  I  fay  not  bloody  )  diflentions,  raifed  about  them  betweene  King  and  Par 
 dig.  1 8. c\.  Br  a.  lament,  An  zero,  &c.  (?;)  What  verily  did  cur  Redeemer  defend  from  heaven  into  hu 
 l-Z-c^.f.  1  c  7.  mane  members^  andfoall  we,  left  his  very  members  be  rent  in  pieces  with  cruell divifon,fear 
 (n)  AugnftinHi  to  defend  out  of  our  Thrones?  we  are  ordained  Bifhops  for  Chriftian  peoples  lake 
 ci-(j(ftii-:wnE-  w^ac  therefore  may  profit  them  for  Chriftian  peace,  that  let  us  doc  with  our  Bi 
 EpjfTom7par  ^-Op^cKes.  §>uod  autem  (urn  propter te  f< ;m,  ft tibiprockjt,  non  Jim,  ji  nbiobcft.  Vha 
 \>pM%  789,     lam,  I  may  betorthee,  if  it  profit  thee;  !  may  not  be,ifitbehurtfall  to  thee.  Ifw 
 
 be  profitable  fervains,  why  d  »e  we  envy  the  cternall  gaines  of  our  Lcrd  for  our  ten 
 
 pora 
 
are  the  SoVeraigne  Tomer.  4 1 
 
 porall  fubiimities  or  Prerogatives?  Our  Epilcopall  dignity  will  be  more  fruit  full  to 
 us,  Ifbeing  laid  downc it  (ball  more  uniifc the flockeofChrift,  tlun  difperfcii  ifre- 
 tained.  It  whenlwill  retainc  my  BUbopricke  I  difperfe  the  rlocke  of  Chrifr,  how 
 isthedamma  ;e  oftheflocke  the  honour  of  the  Shepherd?  Sec.  Old  rtatutc  Lawes, 
 thecommon  I  aw  ofEnglandj  though  above  the  Kiag  and  his  Prerogative,  may 
 be,  andoft  are  repealed  and  altered  by  Parliaments,when  they  become  mischievous 
 or  inconvenient;  herefereby  like  or  greater  reafon,  may  any  branches  of  the  Kings 
 Prerogative,  inferiour  to  thcie  Lawes,  be  reft  rained,  yea  relumed,  when  they  prove 
 grievous  or  dangerous  to  the  Subject :  1c  is  the  Kings  owne  profclled  A/axime,\n  hill 
 ParliaYnent;  (■;)•  Pi  intcd  and  inrolledby  hisipeciall  comniand,inall  his.  Courts  J  •.  VrJ  , 
 That  the  K  mqj  Prerog  U  t  to  defendtbe  Peop  es  Liberties :  when  therefore  it  either  of  die '  Pt 
 
 Invades  or  iubvertsthem,  itmayjullly,  it  mult  neceflariJy  be  refrained,  diminiA  cd  ofKiglr, 
 GT  refutned  by  the  Parliament,  from.whofc  aflentor  grant,  it  riril:  proceeded,  and 
 that  oneiy  for  the  publiqueweale,  not  prejudice  of  the  people.    TheEmperour  (/>)  ^^^ 
 0//v  the  frit,  and  our  King  Richard  the  fecond  (as  (q)  fome  imagine)  voluni 
 Ttfigmd,  relinqiu\hed  their  Crownes,  to  their  immortall  bjnour,  to  prevent  the  effufion  of  their  &  others  ol 
 SifbjMsUvtd,  by  chill  warres^  andfittlc peace  within  their  KealmeJ  :  and  mail  not  o-  1,fc 
 the;  Kings  then  molt  joy  fully  part  with  ComtPunttilioesof  their  realtor  branches  of  fa)  &?**&  &*• 
 their  (Iippo(ed  Prerogatives  for  the  (elfefame  ends,  if  their  Parliaments  fee  good  caufe      ''  r"'   d ' 
 to  refumc  them,and  of  right  may  doe  it  > 
 
 Fifthly,  The  King  though  he  be  the  chiefe  and  principall  (yet  he  is  onely  one 
 member  of  the  Parliament  and  kingdome,  the  lealt^becaufe  but  one  perfon)  though 
 the  higheft  branch  h  the  Lords  and  Commons  fnot  elected  by,  but  aifigncd  Coun- 
 fellors  to  the  King,  by  the  kingdome  and  people  )  being  the  greater!  and  molt  con- 
 siderable part,  as  repi  -denting  the  intire  body  of  the  Kingdome.  Now  common  rea- 
 fon,  Law,  and  experience  manifefts,and  Arifiotk  Polit.  I. 1.  c.2.    With  Marias  Sala- 
 monius,    de  Principal**,  l.i.p.  40,41 .  conclude  ,    that  the  whole,  or  great  eft  part  hi  all  po- 
 litique or  natursU  Bodies  is  of  greater  excellency,  power,  andjurifdiffion,  than  any  one  parti- 
 >j:  mber.  Thus  in  all  our  (V)  Corporations, the  Court  of  Aldermen  and  Cemmon  Cant* 
 cell  is  of greater  power  thin  the  Mayor  ahme,tboitgh  the  chiefe  Ojjic:r:thc  Chapter  of  greater  au-  0  j  Se<  HOn  •• 
 thority  than  the  Deanc,the  Dearie  and  Chapter  than  the  Bifatp-,  the  whole  Bcncb,tban  the  Lord  Coj  P°racions. 
 chiefe  Jufi ice,  the  whole  Ceimcell  than  the  Prefidcnt ;  the  whole Parliament  then  cither  of  the 
 Hcufcs :  and  by  like  reafon  than  the  King  •  efpecially,  iince  one  of  the  three  Eftates  \Jffafa 
 is  leiler  than  the  three  Eftates  together  ;  who  in  Parliament,  by  the  fundamental!  Dr.;-,         :,-. 
 Gonftitutions  of  the  Realnie,  are  not  (7)  Subordinate^  but  Coordinate  parts  of  the  Q) -: 
 dime  great  Common-Couucell  of  the  kingdome.    \thArifot!es  exprefle  determina-  ri:  rc  •'■'■■' 
 tion,  (t)  that  in  an  0!/^arcbie, Arifocracic,  2nd  Vemocra:ie,\\hdt{bi:v(:r  (eemes  good  p^ffi0"- 
 to  the  «*^V  part  of  the  Govern  ours  of  the  Common-wealth,  that  is  ratified';  that  ; 
 the  whole  City,  Kingdome,  Family,  is  more  excellent,  and  to  be  preferred  before  frnrnm^An 
 any  part  or  member  thereof.  And  that  it  is  unfit  the  part  ihould  be  abo\e  the  whole:  ^UtM  4. 
 And  in  a\\  Courts  of  Jullicc,  Corporations,  and  Elections,  (//)  the  major  part  fa 
 ahvayes  had  the  greateft  fway,    and  constantly  over-ruled  the  telle,  though  it  be  but  v^r<  s  ^7, 
 by  one  cafting  voyce  ;  as  is  evident  to  all  in  the  Elections  of  Knights,  andBurgeiTcs  }':  \\aHS  fij* 
 of,  and  votes  in  the  Parliament  5  in  which  the  (x)  Kfttg,  I       rand  Commons,   by  h 
 the  Common  Law,  make  up  but  one  intire  Ctrforati  .:    Ence  then  even  inParlL' 
 inept  it  felfe,  the  major  pari  over-fwayes  the  reft,  yea  the  King  himielfe  (who  hath 
 
 F  r.o 
 
a  2  J  hat  the  Parliament  and  Kingdome 
 
 no  abfolute  negative  voyce,  but  onely  in  refufing  to  pafTe  fome  kind  of  Bills  not  all 
 
 (y)  Major  Tars  (  of  which  more  hereafter)  doubtleffe  the  whole,    or  (j)  major  part  of  the  Parlia- 
 
 eji  vtu>n,B>Ms  ment  (which  in  Law  is  the  whole)  is  above  the  King,  the  chiefe  member  of  it. 
 
 SmHvCo'l^     Which  coniideration,  together  with  the  Statutes  of  5  K.  2.  Stat.2.  c.  4.  6H.%.c.i6. 
 
 mctwea.cfEngl.  EnaUing,  7 bat  nontekUedto  be  in  any  Tarliammt frail'  depart  or  abfent  bimfelfe  from  the 
 
 /.  2  c .  3 .  fame  Parliament  till  it  be  fully  ended  or prorogued^  ithout  Jpeciall  Hcenfe  of  the  Speaker  of  the 
 
 *  See  the  man-   Commons  to  be  entredof  Record  in  the  journall  Booke,  under  paine  of  amercement,  loffe  ofwa- 
 
 ncr  °fh°nt|.n?n  ges,&  other  punifiment^nor  *  any  Member  of  the  Vpper  Houfe  without  that  Houfes  licenfeun- 
 
 Eneland.  newly   der  paine  ofinditementjmprifonment  orfi?/e^B  appcares  by  the  Bifhop  of  Wincbejters  cafe, 
 
 Primed  at  Lcn-  3E.3.15?.    Fitz.  Corm.\6\.  and  Stamford,  l.^.c.  l.f.  153.    compleatly  anfwers  that 
 
 don,  1641.  &    fond  cavill  cf  Malignants  and  Royaliits  again  it  this  Parliament;  that  the  King 
 
 Dyt!  f6o.a>Br.  anc[  many  0ftjJC  otyr  Members  have  wilfully  absented  ibemfekes  from  the  Houfe,    (of  pur- 
 
 poi'e  to  diffolve  it  if  they  could,  notwithltanding  the  late  fpeciall  A&  made  by  their 
 
 joynt  contents  for  its  continuance*)  Ergo  this  unlawfull  AUion  of  theirs  f  to  effeft  this 
 
 pernicious  defigne  )  muji  nullifie,  or  at  leafi  invalid  fin  their  new  non-fence  Law  and 
 
 Logicke  )  the  lawfull  proceedings  of  thofe  worthy  faithful!  members  who  continue  in  it,  to 
 
 preferve  both  Parliament,  Kingdome,  Religion,  Lawes,  Liberties,  from  ruine  and 
 
 diflblution-    If  thefe  abient  Members  be  the  greater  number,why  doe  they  not  come 
 
 and  over-vote  the  reft  in  the  Houfe  in  a  peaceable,  legal!,  ufuall  Parliamentary  way, 
 
 rather  than  challenge  them  into  the  field  in  a  military,  illegall,  unufual]  bloody 
 
 manner,  unheard  of  informer  ages?  IfthelefTer  party,  then  prefent  or  abfent  the 
 
 major  part  mull:  over-rule  them  volens  nolens,  as  it  hath  ever  ufed,  unleffe  they  will 
 
 be  wilftiller  (I  cannot  fay  wifer)than  all  their  predeceflbrs  put  together. 
 
 ObfB.  As  for  his  Ma  jetties  abfence  from  the  Parliament  by  the  pernicious  advife  of  evill 
 
 Counfellors  •  fo  much  infilled  on  by  Malignants. 
 A'fw.  I  anfwer,  Firft,  That  it  was  without  any  juft  caufe  given  by  the  Parliament.  Se* 
 
 (a)  See  their  condly,  It  was  much  againft  their  wills,  who  have  (a)  oft  importuned,  petition- 
 Mitfages&pen-  ed,  and  ufed  all  poffible  meanes  to  procure  his  rerurne.  Thirdly,  His  ablence  was 
 ^"bkmpoF^  Procurc£^3  and  is  yet  continued  by  thofe  alone,  who  mod  unjulily  taxethe  Parlia- 
 (b)SceCamM.  ment  for  it,and  would  take  advantage  of  this  their  owne  wrong.  Fourthly,though 
 ixir.p.163.  he  beperfonally  abfent  as  a  man  ,  yet  he  is  Itill  Legally  prefent  in  Parliament,  (cal- 
 wbicb  pies  the  led  the  Kings  prefence  )  as  he  is  a  King  •  as  he  is  in  all  other  his  Courts  of  Juftice, 
 Parliament  the  wriere  all  proceedings  are  entred,  (b)  Coram  TLeoe-  though  the  King  never  vet  fate 
 Kings  prefence         r       ,-,  r.      .  ,       5r  1  l    t.     l     r  ^  j         :S    i_-    r»     t  r       1 
 
 Theitegifor  of  Pei  *°r'a  *}7  in  c,tner  °*  them,   as  he  hath  oh  times  done  in  this  Parliament  5  for  the 
 Writs. Old&Ntw  continuance  whereof  he  hath  palled  fuch  an  A&,  as  will  infeparably  tye  hisroyall 
 A'.iuraBrfuum  prefence  to  it,  though  the  Cavaliers  about  him  mould  by  force  with-draw  his  perfon 
 cid&  nev>foo\  \rOTn  |r,  not  onely  as  farre  as  Torke ,  but  the  remoteft  Indies  •  yea,  he  muft  firlt  ceafe 
 bifi't'enL^tf-   tokeKingojEfigland,  ere  he  can  be  legally  abfent  from  his?  arliament  of  England. 
 7  1  .€.        '  '     This  his  wilful!  perfbnall  abfence  from  his  greatest  Counfell  which  defires  and  needs 
 it,  is  ([as  many  conceive)  an  Aft  of  the  hieheit  injufticethat  ever  any  Prince  could 
 offer  to  his  Parliament,  worfe  than  (c)  Kehoboams  forfakingtbe  counfell  of  bis  ancient 
 Sages,  to  follow  the  hare-brained  advije  of  bit  young  Cavdieres  •    for  though  he  followed 
 K.       ^    not  their  ancient  prudent  counfell,    yet  he  with-drew  not  himfelfe  from  them,  as 
 fc \i  Chro^io*  ms  ^aJ-'ty  now  feVers  himfelfe  from  his  Parliament,  not  only  without  but  againft 
 fd)Grafion#.'  al]  precedents  of  his  Royall  predeceflbrs,  except  King  (^)  2U.;k*/v/the(econd  (who 
 348.^49>^S°-  o^ce  abfuited  himfelfe  from  his  Parliament  above  forty  dayes,  yet  then  returned  to 
 
 it 
 
are  the  SoVeraigne  To^er.  4  5 
 
 it  upon  better  adrift)  and  the  very  common  eultome  and  Law  of  the  Land,  (which 
 lie  is  obliged  by  hit  Cetmati  >n  Oath, And  many  lace  Protections  added  to  it,conftant- 
 lj  to  maintain*.}  This  appeard  molt  clcarcly  by  the  ancient  Trcatife,  Of  the  manner 
 ffboldmgof  Parliaments  in  England,  both  before  and  fmce  the  Conqueft,(*  tendered  *  Sec  jfj 
 10  and  approved  by  the  Conquerour  himielfc,  newly  Printed  164 1.)  which  in  the  DsBtomry.  i;t. 
 Section,  Toucbme  the  Kings  abfenet  from  Parliament,  refolves  thus.     The  Kin*  11  tofamffi** 
 BOUND  lyaJl meanes Pojjibk   TO    BE    PRESENT     AT    THE    PAR- 
 LIAMENT-   unlefte  he  be  detained  or  In  therefrom  by  bodily  ft  ckneffe,  and  then  he  m  iy 
 beepe  his  Chamber,  yet  Jo  as  he  lye  not  without  the  Manour,  or  Towne  at  the  leaf,  where  the 
 parliament  is held:  and  then  lye  ought  to  fend 'for  twelve  perfons  of  tlye  great  eft  and  heft  if 
 them  that  are  fummoned  to  the  Parliament,  that  is,  two  B/ftoops,  twoEarlcs,  two  Bar 
 two  Knights  of  the  (hire,  two  Burge\fts,and  two  Citizens,  to  lookeupon  his  per  fan,    to  tefti- 
 pe  and  witmffe  bis  eft  ate,  and  give*  Authority  to  the  Arcb-bifbop  of the  place,  the  Steward  *  N*H 
 of  England,  andchiefe  Jitftice,  thjt  they  joyntly  and  fever  ally  ftsould  bevin  the  Parliament, 
 and  continue  the  fame  in  his  name,  (  See  8  H.  5  .c.  I .  Cromptons  Jurifdiclion.  / 1 3 .  *.  1 7A 
 according  herewith  )  cxprefje  mention  being  made  in  that  Commiftiov,  ofthecaufe  of  I 
 ahfence  there,  which  ought  to  fujfi-e.    The  reafonis,    bee an fe  there  was  wont  to  be  a  cry  and 
 m  trmnre  in  the  Parliament  for  the  Kings  ahfence,  becaufe  his  abftnee  is  hurt  full  and  dangerous 
 to  the  whole  commonalty  of  the  Par  iament,  neither  indeed  OUGHT,     O  Pv     MAY 
 
 HE  BE  ABSENT,BUT  ONELY  IN  THE  CASE  AFORE- 
 SAID. And  whereas  Rdalignants  clamour,  that  moil:  of  the  Lords  are  abfent  as  well 
 as  the  King,  and  therefore  this  can  be  no  lawfull  Parliament-,  The  fame  Authour 
 will  ill  fo  rme  them  •  Thai  if  the  Lords  be  once  fummoned  to  Parliament,  and  then  afpt :.  < 
 not, or  abfent  tbemfehes,  the  King  may  hold  the  Parliament  with  the  Commonalty  ani  Com- 
 mons of 'the  f^ngdome  (every  of  which  hath  a  greater  voyce  in  Parliament  then  the 
 greatelt  Earle  in  England,  becaufe  he  represents  a  whole  County,  Towne,  or  City, 
 the  other  himfel  fe  alone  )  without  Fifty  ops  :Earles,  or  Barons  -  becaufe  in  times  paj}^  be- 
 fore there  was  either  Bijhop,  Earle }  or  Baron,  yet  even  then  Kings  kept  their  Parliaments  •  hut 
 on  the  cwtrarj ,  no  P  ir  iament  can  be  l^ept  by  the  King  and  Peeres,  if  all  the  Commons  (  for 
 the  Kings  mi  (government,  orfuch  likecaufe)  (loould  abfent  themfelves.  This  is  the 
 judgement  of  (r)  Matter  John  Vowel  too,  who  writes  in  this  manner :  Yet  nevertbe"  Cr> 
 le\]e,fibe  King  in  due  order  have  fummoned  all  his  Lords  and  Barons  yind  they  will  not  com*  \  (.  ''""•''  f ' 
 or  if  they  tome,  they  wVl  not  yet  appearc  :  or  if  they  come  and  dppeare,  yet  wit  not  doe  or  ' 1 27>  *  ~  ' 
 yeeld  to  any  thing,  then  the  Kin?  with  the  confent  of  his  Commons,  m  iy  ordaine  andefiablifh 
 any  acts  or  L  iwes,  which  are  as  good \  fuffieient  a?ideffeBnall,as  if  the  Lords  had  given  their 
 confent  r.     But  on  the  contrary,   //  the  Commons  be  fummoned  and  will  not  come,  or  com-    , . . 
 
 •  -r;  •  •;;  r    .        a  /•  ;/    ;    •        r         •    n         .   #       («)  < 
 
 nung  wia  not  appcare,or  appearing  will  not  confent  to  doe  a?iy  thmgyillcagrngfome  juji, weigh-  ?M , ., 
 
 tjAOndgreat  raufi^  the  King  in  the  fe  cafes  (W)  cannot  with  hU  Lords  devife,  mas\e,  or  i  ±H. 
 
 eftablifty  any  L  m\     The  reaibns  ai  e  theie.  When  Parliaments  were  fir  ft  bet/ten  andordai-  7, '  8  7  K-  '  -  U 
 
 ncd,  there  Were  no  P  relates  or  Barons  of  the  Parli  intent %  and  the  tempor all  Lords  were  very  HA'?  *7-P*r- 
 
 ftw  or  none  5  and  then  the  King  and  his  Comm  ms  did  make  a  full  Parliament,  which  Autbo-  '  I'V  J  4 1 
 
 n»  j'  never  hitherto  abridged.    Againe,  every  Baron  in  Parliament,  doth  reprefent  but  his  judged  *  cor- 
 
 owmperfon,  and  jfeahgtb  in  the  beha/i 'e  of  bimftlfe  alone.      But  in  the  Knights,  Citizens,  dinglv,R;  P*e* 
 
 and  Burgefjes  arercprefented  the  Commons  of  the  whole  Rcahne,  and  aery  of  ibefi  gjvetb  not  rog^dvcij* 
 confent  onely  for himfei fe,  but  for  all  tbofe  alfo  for  whom  he  is  fe?:t.     Aaid  the  King  with  the 
 confent  of  his  Commons  had  ever  afufticient  and  full  authority,  w  mak^,  ordaine,and  eftablifty 
 
 F   2  good 
 
44  'that  the  Parliament  and  s%ingdome 
 
 good  and  wholefome  Lawes  for  the  Commonwealth  of  his  Realm-?.   Wherefore  the  Lords  bem 
 ing  lawfullj ;  fummoned  andyet  refufing  to  come>  fit,  or  confent  in  Parliament,  cannot  by  their 
 folly,  abridge  the  Ki?ig  and  the  Commons  of  their  I  awf nil  proceedings  in  Parliament.     Thus 
 and  more  John  Vowel  in  hisO  -der  md  Of  age  how  tokeepea  Parliament  •  Printed  Cum 
 Privilegio.  And  Sir  Edward  Cook^  in  his  Intimites  on  Magna  Charta,  proves  that  the 
 Lords  andPeeresinmany  Charters  and  Afts,  are  included  under  the  name  of  the 
 Commons  and  Commonalty  of  England.   But  we  need  not  retire  to  this  lalt  doubt- 
 full  refuge  5  the  Honourable,  faithful!  Lords  how  prefent,  though  not  fo  many  as 
 could  be  delired5  are  the  intire  Houfe  of  Peeres  in  judgement  of  Law,  (as  thofe  pre- 
 (e)See  Stain-  fent  at  the  election  of  Knights  of  the  Shire,  or  Burgelles  (though  the  major  part  be 
 firdf}9.i%s.  negligently  or  wilfully  abftnt )  arethe  whole  Shire  or  Burrough  )  and  thewilfull 
 3  £.3.19.60;*.  aDfenCQ0f  the  residue,  though  the  greater  number,  being  (e)  contrary  toLaw,con- 
 *  See  21 R  2.     trai7  t0  tne  Pfi^iledges  of  Parliament,  and  their  late  Protections,  tending  to  the 
 c€.  very  fubverfion  of  Parliaments  (  for  which  high  contempt  they  and    their  *  Pofteri- 
 
 (f)Dyerf.6o.n.  ties  too,  may  juitly  be  diiablcd  for  ever  to  (it  as  members  of  that  Houfe,  which  they 
 Braft.  Farli.7.  have  fo  dimonourably,  if  not  treac  heron  fly,  deferted,  even  as  (/)  well  as  Knights 
 ,.  rV  '  J  H;  '■* '  and  Bftrgefjes,  whofe  perfonall  attendance  is  fo  necejfary.  that  if  during  the  Parliament,  they 
 (V)Luk.  12.32  akfent  tlxmfelves  from  it,  about  a?iy  bufineffes  of  their  owne,  without  leave  of  the  Houfe,  or  be 
 March.  13.  2$.  fificke,  cr  eleUed  Mayors  of  a  Tow?ie,  or  a?iy  other  judiciall  Officers,  jo  04  they  cannot  at" 
 Mat.  7  ♦13,14.  ie7icl  fa  frzice  of  the  Hoitfe^  they  may  thereupon  be  lawfully  expelled  the  Houfe,  and  a  new 
 X V  I C-0  ff^  V/rit  exprejjmg  the  caufe  of  their  removal!,  fial  iffuefor  a  new  election  of  others  in  their  pla* 
 tf  the  Jpalogie,  ces>  i0  wa&  the  H°Hfi  compleat,  as  was  refolved  by  the  Commons  Home,  38  H.8. "  Br. 
 p  6-r.  7.  Dkif.  Parliament  7.)  can  no  more  difable  thofe  now  prefent  from  befog  a  true  and  lawful! 
 j  PitiaopBilfent  Houfe  of  Peeres ,  than  the  multitudes  departing  from  the  true  Church  of  God,  to  the 
 V'Tchl^a'.  "r*  fa'fi>  difpro  ve  it  to  be  the  true  Church  ofGhrift,  (  g  )  whofe  true  fiocke  is  but  little.  In  a 
 jcftioTLand \  m-  WOI'd  Qi)  divers  Parliaments  have  beene  kept  and  held,  and*  AUs  made  without  Bifo  ops 
 ebriftien  rebel,  or  Abbots  heretofore ,  even  while  thy  were  replied  members  of  the  Lords  Houfe,  and  one  of 
 1>T-  540,  the  three  Estates  in  Parliament  1  therefore  this  Parliament  (which  hath  taken  away 
 54is54i-  Bl-  Bifhops  Votes  for  ever)  may  be  lawfully  held,  notwithrranding  any  Lords  or  Com- 
 oftkehwSTf  mons  wilfcH  abfence  from  it  in  perfon  -,  who  yet  as  long  as  they  are  members  of 
 Paul?  fieeple.  the  Parliament,  (hall  [till  be  adjudged  legally  present,  whether  they  will  or  no.One 
 Keilinftf.i84M  puny  Judge  in  the  Courts  otWeftminficr  may  and  doth  ufnaliy  give  judgement,  and 
 c.Cmr.pfw-gd.  make  binding  Orders,  though  the  Chiefe  Juitice  and  his  feliowes  be  negligently  or 
 (fCcuTPyf.iy  wilfully  abfent:  Much  more  then  may  the  Lords  and  Commons  now  prefent,  doe 
 St'a  nf.PleasJ.  tne  *&e5  ^n  ca^e  or*tne  Kings  and  other  Members  wilfull  abfence,of purpofe  to  mine 
 3  3. i  ./.1 5 1  .Br.  both  Parliament  and  Kingdome,  againfl  which  they  are  now  in  armes,  and  have  Ie- 
 Co/on.t  1  %.M-  vycd  open  warre. 
 
 **?•£«'#  Sriu  '  Sixthly,  it  is  molt  apparent  both  by  (i)  Si  ripturc*  the  verdict  of  all  (j^)  Politicians 
 P*  n«'J  °^n     a?ld  ^Tttas  of  note,  ihe  (J)  Statutes  of  our  llealmes  and  Lawyers^  that  ka]ngdomes,  Sxbjetfss 
 
 hift.p.450.  to 
 
 454.  fhnVon-elf  Chmde  of "Ireland/).  1 27 ,128,  *  25  E.}.ft.u.  6.  de  Provificmbuu  31  £-3«  c.  4.  3*  E.$.c.S.tf  E.$  . 
 /f.,:.2.r.2.7ili.(.I2.  3  Pv.:.ci2.  llR.z.Freface&c-.l-ii.i  E-l  f.2-.  "-^E-i  flau^.Preface.Sec  2OH.3  c.^^\H.^, 
 fiat.  (fLeape-yeare,  4  H$fixt.  of  Mxrlbridge.  4  E.  ids  Big.  Prolong?  c.6.  6  E.  1  Jht.  de  Ohfter.  Preface  1  ?  £.  I .  AUjn 
 BkrneLli  E.i.f4}de nude fat&n part.  21  £♦  i.Efcketors^  E  l.guomi  mi99<gE.z*  Artie.  Clen.Tref.  (i)  1  Sam. 
 19,20.*  Sam.  $- 1 2.  2Cl2ron.9,  8.1(a.  49.23.R0m.13  4,5.  T  Per.2.*3-  4  (k)  Arifi-  P<Htl>3i&  I.Plato:  Agefilam. 
 JCcnophondc litfiit.Cyrilrifi.  Cxlm  Rhcdig.Antiq.  Lefi.LS.c.i.  Bcdr.  Ofirm  deRege&Reg*Mlnfiitt(l)The 
 
 Vrearble*  cfaHviiic'xnt  frames, Br aften  /.I,c.§./.=.f  y.FletAl'l.Cy.-  to  Lfc 
 
 and 
 
art  the  Soveraigne  Tower.  j  * 
 
 and  Par'iama  Cod  fori  Kiag/, 
 
 tnd  nature  diff  i    i 
 
 j/  jir  t  and fliU  continued for  the  prote&i 
 
 donu. ,   I  ts,Pt  /'.V,  rvA    !  fU  .  . 
 
 •stbejare.   Now  Nature,  Rcafon,  and  (»)  Scriptures  refblvcj  that  K  0,,*,1! 
 
 hen/"/.'  infiitutedmeerelj  fortl  mdfervketfjwtlxr {oral/ tUffl Creature* &ere   fa  Crn  i  2 
 
 ■renal;  theMayoi  to  the  whole  Corporation;   and  the  King   CO  his  whole   (pjee 
 Kingdonie  and  Parliament:  which  coniidcration  hathcaufed  fundry Kings  and   c-i->&   I 
 Emperours,  not  oncly  to  adventure  their  Jives  in  bloody  battles,  but  to  lay  downc    V  ■  '  S; 
 their  C; u\\ nes  for  the  peace  and  (afcty  of  their  Subjcda »  witneflc  (7)  Otbo  the fiift,   ['pC/' 5.' 2 
 and  others;  with  the  Examples  of  /io/eV,  Exod.  32.9.  toi5,  g2.  Nff#f£.  14.11,  to   j.jjp1,1, 
 15.  of  Vavidy'i  Sam.  29.  ij.  1  Chron.21. 1  j.  and  Jobnio.  II. 15,  with  other  pre-  (V>$< 
 cedents  which  I  pretermit.    And  the  rcafon  is  apparent,  for  if  the  King  be  flaine  in   ?rimft&  o:l]LT 
 defence  ofthekingdome  or  People,   yet  the  kingdome  and  people  may  rcmainc  fe-  inh  ' 
 cure,  and  another  fuccecd  him  in  that  office  of  trulf,  (In  which  refpeft  a  Politiqi 
 body  differs  troiv  a  Natural],  that  it  hath  life,  continuance,  and  meanes  to  e 
 defend,  and  Order  it  I  el  fe,  though  the  King  and  head  be  cut  off  by  death.  )  Eut  if 
 the  Realme  and  People  be  destroyed,  though  the  King  furvive  them  as  a  Man,    v 
 he  mull  neceflarily  perifh  in  and  with  them  as  a  King,  lince  he  cannot  poffibly  be  a 
 King  without  a  kingdomeand  people*  for  whole  good  and  fafety  alone  he  was 
 
 pub» 
 
 L  1.  thus  defedbes  the  Office  ot  a  Prince  towards  the  Common-wealth.     J  bat  as  1 1 
 k  a  Prince,  be  neither  mindes  nor commands what  ia  advantagious  to  bimfelfe,   but  rebut  is 
 ficiallto  bis  Subje&s ;  ond  whatever  be  faith  or  doth,  be  faith  and  d  the  profit  and 
 
 honour  of  the  Republi  k±  •  which  Cicero  m  his  Offices  hath  more  elegantly  thus  tranfla  - 
 ted  •  As  the  defence,  Jo  the  procuration  of  the  Common-weak  is  to  be  managed  to  tbt  benefit   *  Sola  ■■ 
 
 •  '•  ■  •  te i,  n  1  mmitt id.    And de  Fiuibm  l.^.A coed  &incipatu .'.  1 . 
 
 tfi  man)  not  ignorant  oj *bis  civil!  Office,  if  more  carefull  of  the  utility  of  aV,  than  of  ?'  5,2'.  *9>  ^cc 
 any  one,  or  of  bis  owne  :    Neither  is  a  1  r.  tntry  to  be  more  difpraifed,  •  *' lu' 
 
 firter  of 'the  common  profit  and  fafety^  for  bis  owne  profit  andfafety.  And  the  Emperour  r/?,P.C. 
 *tJuflinian  ufed  this  golden  (entence.  §uod  commtmiter  cmnibut  prodeft,  bo:  private  nofiriam 
 nofirrnnlitati praferendum  effe  cenfemut •  nofirum  effe  preprium,  fubje&orum  commodum   '" 
 
 .  iliter  exifiimantes :    Imperial  is  benaidtnti*  bocefje  jttdicmtej,   ut  omni  tempore    J?101.    * 
 Uorumcommodataminralligare^  quam  tUmederi  :  m&  I  (ball  conclude  this  6*. 
 
 with  *  Salamonius  his  words.     Let  the  Prinei  he  either  from  God,  or  from  men,  yet  think  *V 
 not  that  the  world  was  created  b)  God,  and  in  it  men,  that  they  fhould  ferve  for  the  benefit  of  1 1 
 Princes -,  for  it  is  an  abfurdity,  above  what  can  be  fpok$*j,io  opine  that  men  were  made  for 
 Princes,  fince  God batb  made  nd  equal! :    But  Princv  were  ordained,   ONE- 
 
 L  Y    FOR    THEIR     PEOPLES    BENEFIT,   that  Co  they  might  bmo- 
 entlj  preferve  hum  me  an  1  k  with  greater  facility,  helping  one  the  othr  with  mu~  ■ 
 
 uall benefits'  Whichheth      :  rgely  proves  by  fundry Hiilories  and  Authorities 
 
 F-3.  That 
 
a  ^  J7vrt  the  (parliament  and  Kingdom* 
 
 That  of  *  Pttftr  Matthew  being  a  certaine  verity.     -<4#  f/;e  A&ions  of  a  Prince  mufi  tend 
 
 *  General  I  Hi  ft.  to  the  good  andbeaUb  of  his  people*  far  whom  be  lives j  and  mure  than  for  bimfefe,  as  the  Sun 
 cffraii.p.io6^  doth  not  pint  and  give  beat,  but  for  men  ,  and  the  elements.    The  King  then  being  made 
 
 King,  onely  for  the  Kingdomes,  Parliaments,  Peoples  fervice,  muit  needs  ( in  this 
 
 *  2  Sam.  1 8.  j.  regard)  be  inferiour  to,  not  Paramount  them  in  abiblute  Soveraigne  power;  though 
 (o  Crompt.iu-  greater,  *  better  than  any  particular  Subje&s. 
 
 %Br^Ulc  '  Seventhly,  The  Parliament  ( as  our  (/)  Law-bookes,  and  (j)  Writers  refolve)  U 
 ^H^H  themofl  high  and  abfolute  power,  the  fupreamefl  and  matt  ancient  Court  of  the  Realme  of 
 64.  b.  ziH.6.  England  j  and  hatb  the  power  of the  whole  Realme,  bolb  Head  and  Body;  and  among  other 
 c.  10  Dyer  *o.<*  Priviledges  this  is  the  bigheft,  that  it  ts  above  the  Law  it  felfe ^having  powtr  uponjufi  grounds 
 Coof^s  ln/fn.OH  tQ  a\urt\x  very  common  Law  of  England  •  to  abrogate  andrepeale  old  Lawes,  to  ena&uew 
 (])$\T°Tblm#  Lawes  of  all  forts,  to  impofe  taxes  upon  the  people:  Yea,  it  hath  power  to  declare  the  mea?i- 
 Smith,  of  the  ingof  any  doubtful!  Lawes ^  and  to  repeale  all  Patents,  Charters,  Grants,  and  Judgements  ; 
 Co  nmonrreal.  cf  nibatfoever  of  the  King  or  any  other  Courts  of  Jufiict,  if  they  be  erroneous  or  iHegall,  not  onely 
 Erglxwd ,/  2.r.j,  without,  but  againft  the  Kings  perf mall  confint,  fi  Jarre  as  finally  to  obliege  both  King  and. 
 rf&fc  %p  Stbje&s.  Now  it  is  cleare  on  the  contrary  iide,  chat  the  King  hath  not  the  power 
 %7?.CAvuBrtt.  of  the  whole  Realme  velted  in  his  perlon,  that  he  (Y)  and  his  Prerogative  are  not  a- 
 p.  17  3  f-yow-  bove,  but  fubordinate  to  the  Lawes  of  the  Realme  -  that  he  cannot  by  his  abiblute 
 els  Order  &V-  regall  power,  alter  the  Common  Law  of  the  Realme  in  any  particular  point  what- 
 fee  how  to  k?ep  foever  that  hecannjt  repeale  any  old,  nor  enaft  any  new  Law  whatfoever,  nor 
 avd.rliiiment.in   .  ,     ■     ■     n  <  1  •  1  .  ^       ,    .         3 
 
 HnuuChrm.  of  mipofe  the  leaft  taxe  or  common  charge  upon  his  peoplc,nor  imprifon  their  pert  on  s, 
 Ireland,?.  10 1,  diitraine  their  goods,  declare  any  Law,  or  reverie  any  jndgement  in  themeaneitof 
 roizo.  Minjh.  his  Courts,  without  or  again:!  his  peoples  joynt  contents  in  Parliament^  For  P<?- 
 DiBioMrj  Tit.  teQ^j)il  jJ{l^  cfl  &  mn  inynri^  &,Nihilaliud  poieft  Rex  in  terns,  mfi  I  D  '  SOLUM 
 IZSZSSL,*  Q«OD  DE  JURE  POTEST.  Bra8onl.$«.  9.f  1 07.  Therefore  with- 
 ioroi5.B;d5.  out  any  perad  vent  lire,  the  Parliament  m  this  regard  is  the  mod  Soveraigne  Autho* 
 L\ic%.l.ic9.  rity3  and  greater  in  j  anfdi  Aion  than  the  King.  (V)  John  Bodinthat  great  Lawyer 
 Flml'  ''p  5*  and  Politician,  refoives^  That  the  chkfi  mar'ktof  an  abjolute  and  Soveraigne  Prince  is  to 
 Ly*4r  ia  5T  &ve  Lawes  t  j  all  his  SubfUts  in  general!  ,  and  to  every  of  them  in  particular  without  confent 
 53,69,73,100  ofanyothir  greater, eqttiU, or  lefjcthanbimfelfe.  For  if  a  Prince  be  bound  not  to  make  any 
 &  Prerogative  >  Lawer,  without  the  confent  of  a  greater  than  himfelfe,  be  is  then  a  very  Subjc&  ;  if  not  with- 
 1  7rIO? "a*?"  out  his  ejn  ill J  he  then  hath  a  Companion  f  as  (x)  Br  aVum  and  others  forecit-d,  fay  our 
 MglcnouX  E.^///Mving  hath;  namely  his  Hades  ana  Lords^feencc  fttfed  Comttes: )  if ?m  with- 
 hidge  Hut  tons  out  the  confent  of  bis  inferiors,  whether  it  be  of  bis  Su'f'cls,  or  of  the  Senate,  or  of  the  People  . 
 Argwne.againfi   hcisthenmSoverMgne.     Whence  it  folio  wes,  that  the  Kings  of  England,  who  can' 
 
 (*)OftheCom-  falily  averre  them  to  be  )  but  meere  mi xt  Politique  King,  inferiour  to  their  Lawes 
 monw.  /.i  jc.  10  and  Parliaments,  the  fole  Law-makers,  Law-alterers,  though  not  againft^  but  with 
 San?'  6f  the  Kings  a:fent ,  coniidered  not  abiuacYrvely  as  Kings,  but  copulative  as  a  branch 
 ^aXtici  and  member  of  the  Parliament.  And  indeed  to  fpeake  impartially,  though  the 
 /.5A&  Fletai.  Kings  Roy  all  aflcnt  (y)  be  generally  requiiite  to  paile  and  ratitfe  Lawes :  yet  I  hum- 
 l.e.\j.Walfing. 
 
 H'ft.p.  36,37,40.  (y)  SceS  r  T  omtt  Smiths  Cfmiton-weM  of  England:  I.  ijc.1,2, y.minfht  h  Dejcnption  ef  England, 
 <~.8./M73.  &Cbrimcfcs  of tr eland,  £.161,162.  M,Hack»els  manner  of  pajjing  Bits,  Seft.Z.f  7t.BiiokVarliament  4.I07 
 2  3  H.6.C .3  y  5  3  tf.*>c<  21.  Cromptcns  lurifdiflicn  j.7  K  B:\Parliament  26,39,40,41 . 
 
 bljj 
 
are  the  Soveraigne  To^Vcr.  47 
 
 bly  conceive,  tli.it  the  originally  piimr,  Lq  making  I  ai  tide 
 
 thcS  'crity,  itfts  not  in  tht ■  Ki  [u- 
 
 rifdic"t  intheKingdome,and  Parliament,  which  re]  re  c  .  ts  ir. 
 
 Forhr.t,  admit  the  King fhould  propound  anyLawesto  his  people  (.< 
 and  Law-givers  ufually  did  at  firft)  yetthefel  u!d  no  wayes  obi  rm, 
 
 unlefle  they  voluntarily  contented  and  fubmitted  to  them  in  Parliament  •  .\i\d  the 
 fole  reafon  why  our  Acts  of  Parliament  binde  the  Snbje&s  in  former  times,  and  at 
 
 day,  is,  not  becaufe  the  King  willed  them  (z)  but  becaufe  the  people  gave  (?   4      -. 
 their  general  1  contents  unto  them  in  Parliament,  as  Sir  Thorn*  Smith  in  his  Com-  7 /' 7  14.      1 
 mon-wealth  of  Ewg/rfjw/,  Hol'mfbed,  t  he  Frohgues  to  moft  ancient  Statutes,  ( the  King  '■  7  l7j?//6. 
 by  theadvite,  and  aflent  of  the  Lords  Spiritual]  and  Temporal!,  and  Commoris,and  '7'0 
 at  thefpccialj IrequeJtof  the  Commons  in  Parliament  aflem  bled,  and  by  THE  *  All-  t 
 THOtUTY     OF    THE     SAME    PARLIAMENT,  doth  grantattd  / 
 ordainc,Scc.)  The  Kings  Coronation  Oath, §tu*v*lgu4  Eu-cv/V.and  all  ourLaw- 
 bookes  refulvc,  and  thatupon  this  received  Maxime  of  Law  5  §>*od  omnes  tangit  ah   '  ;  • 
 
 '•  iri.  Hence*  Marim  Sal  mi  mint  defines  a  Law  co  bc,Exprejfa  Civi~  V  sfc  : 
 um  Cunicntio,and  avcrres.,  that  LigatwpopH  u  7-W,  q:r  if:  p  zcfis  c  >?nentii.  ■■  -        . 
 
 t£  funt  Lcg^And  he  likcwifc  proves  at  large*  Tr.it  the  Larrrs  to  tvhi  I:  Frin  e< a]  D   I 
 
 mu)\  isLaxvzs  than  fhe  Kings,  became  Kmgr  dot  faffe  and gra> 
 
 ^  Miniyes  of  the  people,  and  by  their  command  and  direction,   and  they  ^  ^' 
 could  neither  ailent  to  La  wes,nor  doe  any  other  Aft  of  Royalty  unltffe  the  people 
 had  given    them  Inch  authority  :   with  which  Farte/bieconcurres,e.  9.1^,  14-  The 
 Kingin  palling  Bils,  doth  but  like  the  Miniitcr  in  Marriage,  decfaHeh  tobeaLa1 
 rut  it  is  the  parties  con tents  which  makes  the  Marriage,  and  ih:  peop'es  onely  that 
 makes  it  a  Law  to  binde  them*  whence  thote  in  (  "A  Man^  Garnfij^ 
 
 t  by  our  Engtijb  Statutes,  mr  Tenants m  Aid  ■ :  Di  nefiiey  as  hath 
 
 ie  oft  times  judged  5  becaufe  they  contented  not  to  them.     Therefore  the  chiefeLegi-  ,./" 
 
 [lative  power  is  in  the  people  and  both  Hou  trlratnent,  n>tin  the  Kins:  as  jnn:,gZ. 
 
 it  was  in  the  Rim  in  State,  where  the  (/;)  people  had  the  Sovereigns  j   rifdi&ionof  (h  I 
 
 ing  and  confirming  Lawes  to  bindcthemnot  their  Kings*  Emperours,or  Senate,  lA  &  2" 
 »n_  11  l        c  Com  nomvi 
 
 all  hereafter  manitelt.  7l 
 
 Secondly,  This  appearcs  by  the  cafe  of  (c)  Curtomes,  of  By-Lawes  in  Corpora-  (C)  Fit%.  ■■' 
 
 S  and  Manours,  which  binde  ail  the  Corporation  and  Tenants  (if  they  be  rea-  4 1  \*d 
 
 fonablej  without  the  Kings  or  Lords  contents,  by  reafon  ot  their  mutual!  alien  cs  r' 
 
 alone  •   and  as  thete  private  By-Lawes  oblige  all  thofc  who  content  to  them  by  iea-     A'R 
 
 Rin  of  their  owne  free  aflents  onely,  fodocall  publickeA&s  of  Parliaments  obliege 
 
 \\\  Subjects,  one!.  m  in  their  Knights,  Citizens,  and  4* -7 
 
 wd{d}reprifentm£theirperfons,  l 
 
 dly,  all  (e)  Bills  or  A&s  of  Parliament  are  ufually  made,  framed,  altered, 
 
 .eread,  cnvirolfed,   voted  and  fully  agreed  upon  in  both  Routes,  wiibout  the   '.     . 
 
 \in^  peribnall  knowledge  or  privity  for  the  mou  p^rt,  befon  they  c<  m  bis  ftn&  I 
 
 all  ailent.    And  when  they  are  thus  agreed  on  by  both  Houfes,the  King  cannot 
 
 \  liter  any  one  word  or  letter  in  them    (  as  theHoufrsmuv  doe  )  but  muft  eitherab-   iflr*bji*f.w 
 
 blutcly  aflent  to,  orconfider  further  of  them.     And  if  the  King  fend  any  Bill  he 
 
 ttlefires  to  have  parle,  it  mull  be  thrice  read  and  adented  to  in  both  Hcutes  ([which 
 
 tjuve  power  to  rej.ft,  alter,  enlarge,  or  limit  it  as  they  thinke  meete)  elfe  it  can  be 
 
 no 
 
 t 
 
48  That  the  Parliament  and  kingdom 
 
 no  A&  at  all.    A  cleave  Demonitration,  that  the  chiefe  power  of  enacYmg  and  ma- 
 king La  wes  is  onely  in  the  p§opk3  Commons,  andPeercs,  not  the  King  :  who  by 
 his  Writ  doth  purpofcly  fummon  them  to  meete  and  enact  Lawes,  as  the  chiefe  Le- 
 (y)Cro:np.  In-  giflators.   Witnefle  this  notable  clauie  in  the  (j)  Writ  for  the  Election  of  Knights, 
 rrf.ofCowtsJ,  i    and  Burgefles:  It  a  quod  iidtm  MMles  plenam  &Jitjficientem  Votefiatempro  S  E  &  COM- 
 2.  &  at  the  end   M  U  N  I  T  A  T  E  Comitatus  predi&i,  &  diSi  Owes  &  Burgenfes  pro  SE^COM- 
 tfthe  maimer  of  jyfUNITATE  Civitatum  &Burgorum  predittorum  divifim  ab  ipfis  babeant,  AD 
 mmsl^d^d  FACIENDUM    ET    CONSEN  TIEN  DUM    MS  qui  tunc  & ibv* 
 dem  DE     COMMUNI    CONSILIO     DICTI    R.EGNI  Cnot  Regis) 
 noflri  contigerint    ORDINARI  faper  negotiis  antedittis.     It  a  quod  PRO   D  E- 
 FECTU     POTESTATIS     HUjUSMODI,   &c.  ditta  negotia    IN- 
 FECTA     N  O  N     REMANEANT    qtiovit  modo :  anfwerable  to  which  is 
 that  clauie  in  Pope  Elmheriw  his  Epiftle  to  our  firit  Chriftian  King  Lucius*,  about 
 An.  185.  Ex  Wis  Deigratia,  PER    CONSILIUM    REGNI    VESTRI 
 S  U  M  E     LEGEM,  &  per  Warn  Dei  potentia  v  eft  rum  rcges  Britaniaregnum. 
 
 Fourthly,  all  publicke  A&s  are  the  whole  Kingdomes  Lawes,  not  Kings  alone, 
 made  principally  and  folely  for  the  Subjects  benefit,  if  good  -  their  prejudice,if  ill: 
 therefore  the  whole  Kingdome  (reprefentedinandby  both  Homes,  not  the  KingJ 
 knowing  much  better  what  is  good  or  bad  for  themfelves,  than  the  King  alone,  it 
 CO  See  rStu  is  (z)  jult  and  reafonable  that  they,  and  not  the  King,  (hould  be  the  principal!  Law- 
 makers, to  binde  or  burthen  themfelves  with  any  new  Lawes,  penalties  or  re- 
 irraints. 
 
 This  is  the  ground  of  that  notable  Refcvipt  of  the  Emperour  Tbeodofiw  tQ  the  Ro- 
 man Senate;  which  proves  the  Roman  Emperours  to  have  no  right,  nor  power  to 
 declare  or  make  Lawes,  but  by  the  Senates  concurring  alfent  and  approbation, 
 Ju.fi: wan  Cod.  *  Humanumefje  probamus,  fi  quid  de  c£tero  inpublicaprivataze  caufa  emerferit  neccjfari- 
 A 1.  /r.i7«  &  um^  quod formam gtnerakm &  antique  Legibut  non  infertum  expo/cat,  id  AB  OM- 
 NIBUS aulcm  tamProceribus  noflriPalatii,  quamgloriofifjimoc<etuzeftro^  Patr&s con- 
 feriptij  iratiari  :  &  fi  UNIVERSIS  tarn  Judicibw,  quam  V  O  B I  S  placuerit^ 
 tunc  kgata  dittari  ;  &  fie  ea  denuo  COLLECTIS  OMNIBUS  recenferi :  & 
 CUM  OMNES  CONSENSERINT,  tunc  demum  in  facro  noftri  numinU 
 confiftorb  recitari :  ut  U  N  I V  E  R  S  O  R  U  M  CONSENSUS,  6-  mfha 
 Sennit  atis  anilwritate  ftrmewr.  Scitoie  igitur^P aires  coJifcripti^  NON  A  LITER. 
 IN  POSTERUM  LEGEM  anftraclementiaPKOMU  LG  ANDAM 
 nifi  fupradiUaforma  fitcrit  vbfervata.  Bent  enim  cognofcimus  quod  cum  zeftro  confilio  fit- 
 erit  ordinatnm  ID  AD  B  E  A  T  I T  LI  DINE  M  NOSTRI  IMPERII 
 ET  AD  NOSTRAM  GLORIAM  REDUNDARE.  Therefore 
 dcubtlefle  he  deemed  the  Senate  the  chiefe  LegifUtors,  as  knowing  better  than  him- 
 iblfe,  what  conduced  to  the  beatitude  of  the  Empire,  and  to  his  owne  Imperiall  ho- 
 nour, and  never  dreamed  of  any  negative  voyce  annexed  to  his  Imperiality,to  deny 
 iiich  Ads  as  they  once  Voted  for  ufefull  publicke  Lawes. 
 
 Fifthly,  ft  is  clearc3thatall  Afts  which  give  any  Siibi]die,Taxes,Penakies,or  for- 
 feitures to  the  King,  are  made  onely  by  the  People  in  Parliaments  and  not  princi- 
 pally by  the  King,  iince  the  King  cannot  befaidinany  propriety  to  give  an v  thin^ 
 to  himfelfe.  This  is  undcnyable  by  the  forme  of  penning  all  iiib(;dic  Bills  granted 
 by  the  Commons  or  Clergy.  Your  Commons  ailembled  in  your  High  Court  of  Par- 
 liament, 
 
 ■> 
 
1  '  ■     ■  ■  I     ■!!     I 
 
 are  the  SoVeraigm  Tower.  40 
 
 liamcnt,&c.  humbly  prefi  jefty  with  the  fret  and  ebeanftea  gift  of  two  em 
 
 Majefiy gracumflj  tu  aectpts  &c      lour  A/ajeji  rti 
 jsiti  m  ?u  mdumffirme    nfemji 
 
 ..       )  Hf  Higbnijjcj  t  ■  in-  (4    h.d  . 
 
 tii\  )rme  or  filloreeth.  And  by  the  Kings  aflent  to  thefe  Bills,  paWngti] 
 
 (.:)  /  a  *ft  1  OUR    !  VOLENCE, 
 
 the  ic  folc  power  Co  grant  or  deny(£J  SublidiesandTaxes  uhen  t  x  &T 
 
 they  fee  caufc,  and  to  limit  the  proportion  of  them.,  the  manner  and  time  of  paying  rhcAlb  ( -■ 
 tluni;  and  to  order  how  and  by  whom  they  fhallbe  received  and  iniploycd;  as  all  i,,.,:i 
 A&s  of  this  nature  manifefl.    Ir  then  they  be  thechiefeLaw-makeisin  thefc  A&s  thisprefi 
 which  lay  any  impofition  upon  the  Subjects  goods,of  reftraint  on  hisperfbn*  then  p,u!  ' 
 
 by  likereafonin  aJJothei  pcnall  p-iblicke  Lawes.  This  is  infallibly  cleare  by  the  C^JlvfxPf 
 Kings*  Coronation  Oath;  who  res,  That be  will  yarn,  fulfill and  defend  ALL  74-5* 
 
 R  IG  H T  F  111  L   L  A  W  E  S  and  C  LI  S  T  O  M  E  S  the  which  THE   C  O 
 MONS   OF    THE    REALME     SHALL   GHUSE,  and fiaU ft, 
 
 ntaine  them  after  bit  power,  it  the  Co  'i  mor  s  then  a  re  to  chufe  Lawes,  and  the 
 King  by  his  Oath  bound  >  ^rant,  :i engthen,maiataine and deiend  them  when  cho- 
 (cnbythem^thendoubdeBetney  arc  the  chiefeLegiflators,not  the  King;  whence  i 
 
 ut  c.p.  reiblves,    7  bat  the  P  triple  ofEnghnd^  are  ruled  by  JUch  La  we  J  at  themjelics 
 cb:tfe  or  defire  :  Andth.it  their  Lures  are  their  ow?i-:b  not  the  Kings. 
 
 Seventhly,  all  Afts  of  Parliament  made  in  thefleignes  ofufurpcrs  who  have  no  (c)Set  i  f  4,-. 
 Title  to  the  Crowne,  nor  right  to  atfent  to  Lawes,  ai  e  (c)fzrwe  and  good  in  LatVyOnd  6.+  E  .4. 10 
 fiaU  bindetbe  right  beires  to  the  Crowne^as  is  evident  by  the  Lawes  made  by  King  7,,/;//,  4  l,t-Br*Cbar- 
 Henry  tlie  4,5  ,Sc  6.  ( reputed  ufurpers  by  Edward  the  4.)and  Richard  the  3.  acknow-  ten  *  Z*} 
 lodged  an  u(urpcr,whofe  Lawes  are  yet  in  force*  Thcreafonis   fas  is  cleare  by  1  E.  2,:'1* 
 4.r.6.)becau(e  thefc  Lawcs,and  all  other  Judicial!  Acts  in  Courts  of  Ju  tice,  arc  the 
 y^fts  or  the  Parliament  and  Courts  themfelvcs,  which  are  lawful!  5  notoftheufur- 
 pincKing,w hoi sunla wfujl.   Therefore  certainely  the  Legislative  power  is  more  in 
 Parliament  than  in  the  King,  if  not  wholly  in  it,    there  being  Lawes  and  king- 
 domes  before  Kings  were. 
 
 Eightly,  There  are  good  and  binding  I  awes  in  many  Ariftocraticall  and  Demo- 
 craticail  States  (as >  in  (d)Venice9  the  Netherlands^  Gentva^FUrence^  Switzerland,  and  ^£?^1   f C" 
 other  Republishes  J  where  there  are  no  Kings  at  all  -.Yea,  there  were  fiich  obligatory  thofcftaccs>  & 
 l^weslnBobemia^Poland^,  yS paint  JHttngatj9  and  other  Realmes,  before  they    •  ioc 
 
 ivereereftedintokingdomes;  which  remained  in  full  force,  and  efficacy,   and  ftill  ^V'J.»4*f« 
 bound  both  King  and  People  after  they  became  kingdomes-  Andthe(<?)  Romans,     ) 
 Athenians  1  Lace  km  niam  Lawes  of  old  made  under  their  Kings,  furvived  and  coati-  J '  "  ''J'*' 
 
 in  their  vigour,  atter  their  King  were  abandoned,and  the  very  forme  of  their  A 
 ftates  quke  altered  into  an  Ariftocracy  5  yea  the  Lawes  made  by  the  Roman  S  nate 
 and  People,  continued  in  force  after  their  Emperours  wereerefted;  and  the  very 
 LexRegia  (  recorded  by  (/) Salammiui)  which  created^  limited,  and  defined  I 
 r.\  r  :  U . .  e,  P  we  '  and  Authority  if  the  R.m  in  Emftr  mrsywat  m  tde  mely  by  the  Senate  and  (f) D 
 People,  :rr    ':v  that  Law  gaze  fcme/thies  more  Authority  to  one  Err  txd^6      •    -    ■' 
 
 refrained  :  n  |      u  '  more  than  other:,  and  fubjed  ng  them  to  fomeLaw 
 
 from  which  they  exempted  others  5  and  therefore  doubtlciTc  were  the  fupreameit  Law-   ■:..'. :.;. ;.;  5 . 
 givers,  and  the  Soveraigne  power  above  the  Emperourj  as  (j)  .  Salamoni 
 
 G  and 
 
r  o  7  bat  the  Parliament  and  Kingdome 
 
 and  *  Bodin  prove  at  large.  And  the  Emperour  Theodofiws  is  not  afhamed  to  profetfe 
 *  Iuflin.Codick  as  nu,ch  in  his  Edift  to  Volufiarw,  in  thefe  termes  :  Digna  vox  Majeftate  rtanantis 
 LiJiunUx  LEG1BVS  ALL1GATVM  SE  PR1NCIPEM  PROFITERI- 
 4'  JVEO     VE     AVTHORlT  ATE    JVR1S    NOSTRA    PENVET 
 
 AVI  HORIT  AS:  &  revera  majw  Imperio  eft  jummittere  Legibw  Pincipatum.  Et 
 oractilopr  Mentis  Edtffi,  Quod  NOBIS  LICERE  NON  PAT  I  MV  R,aliU 
 indicamm.  If  then  Lawes  may  thus  be  made  where  there  are  no  Kings,  by  thepeo- 
 ples  j  ;yntconfents  alone  ;  It  Lawes  enafted  in  a  State  before  by  confent  it  be 
 made  a  Kingdome,  remaine  in  force  after  it  is  erected  into  a  kingdome,and  conti- 
 nue after  ic  ceafeth  to  be  a  kingdom,only  by  and  for  the  peoples  confenting  to  them. 
 as  is  evident  by  infinite,  examples  5  and  the  people,Parliament,Senate,have  ancient- 
 ly made3and  may  make  Lawes  even  to  binde  their  Kings,  and  Soveraignes  them- 
 felves  in  points  of  their  Prerogative  and  power  -  then  doubtMe  they^and  not  Kings 
 are  the  chiefe  Soveraigne  Legiflators ;  and  their  Royall  ailents  to  Lawes,  are  no 
 
 wayes  eilentiall  to  the  very  being  of  Lawes,  but  rather  a  complementall  Cere- 
 (V)  The  true     mQny 
 
 difference,  &c.  ^sl i« tlily^  admit  the  King  fhould  dye  without  Heire,no  doubt  the  kingdome  and 
 ^HwonSlan**  Parliament  have  a  juft  right  either  to  alter  the  government,  or  difpofe  of  the  Crown 
 Ker*  Arag.Com.  to  what  family  they  pleafe  fas  the  court  ant  pra&ife  of  all  kingdomes  in  fuch  cafes 
 />. 58 8,589-  manifefts,  and  (d)  BiQiop  Bilfon  himfelfe  afTureth  us  5  That  all  Nations  once  members 
 (e)  Fcx  Att.fy  Qj  fye  ]{flman  ]?mpire9  when  the  right  Heirer  failed,  were  fafered  to  eh&  their  Governours, 
 ll^Spelum.  where  they  pleated,  as  the  Remans  themje'ves  might  doe  )  and  no  doubt  they  may  make 
 />  244.  '  binding  publike  Lawes  during  the.  Imer-regnnm  :  as  the  kingdome  and  Eftates  of 
 
 *  Mat.WeflAn.  *  Ar  agon  did  during  their  Inter -regnums,  Yeay  f  the  King  bean  infant  (as  Henry  the  3. 
 1273. />.$-,$,  Henry  the  6.  Edward  3.  5.  and  Richard 2.  with  other  our  Kings  were,  when  the 
 sTeedt  Holin.  Crowne  descended  to  them)  or  non  Compos  Mentis,  or  taken  with  a  dead  Palfie  or  A- 
 
 I  Ei.  poplexie,  oranldeotby  birth  or  Age,  or  a  Monke  profeded,  (as  (je)  force  Kings 
 if)  Sec  Nubrig.  have  beene  )  or  abfent  in  a  Pilgrimage  to  Rome,  or  a  voyage  to  the  Holy  Land,(As 
 Spce.  Hoi  Mat.  the*  j^creis  arK]  State  Affembled  at  the  New  Temple,  after  the  death  of  King  Henry  the 
 jv?/&  others  tkjrc^  duringh^sScnneKingE^Wthe  1.  hisabience  in  the.  Hj/v  Land,  Proelai- 
 R.iH/iX^4  ^dhimKing,fworefealty  to  him,  CAUSED  A  NEW  SEALE  TO  BE 
 5,6,8,  Ed.  1, 2,  MADE;  appointed  fit  Officers  and  Minifters,  for  the  Cttfiody  of  his  Treafureavd 
 3,4>  Peace,  and  proclaimed  his  Peace  throughout  the  Realme  )  or  other  remote  foraine 
 (gyrtalfngkifi.  parts  by  reafon  ofwarres,  as  (f)  divers  of  our  Kings  heretofore  have  beene;  and 
 pn*<sVt>eep.  fo  unable  perfonally  to  confent  to  Lawes-  no  doubt  in  all  fuch  cafes,  the  right  of 
 
 I I  ©3.  Graft,  p.  creating  a  ProteUor  to  execute  regall  power,  fummon  Parliaments,  affent  to  Lawes,  is  onely 
 45^,447.64^.  in  the  ( g)  Parliament,  which  may  in  thefe  cafes  make  any  publicke  A&s  without  the 
 h\bp.4jt..fall  Kings  perfonall  pretence  or  aPent  .  andtheafient  of  the  Regent  ox  ProteS- or,  ufually 
 H  *7  a  [°4nna?'  createf^  DV  them,  fhalJ  as  firmely  bindc  the  King,  as  if  he  had  perfonally  confented, 
 la  spofierior.p,  as  is  evident  by  all  the  A&s  of  Parliament  pafcd  during  the  minority  of  (h)  Henry 
 7  •2.703,705,  thethird,  who  was  but  nine  yeares  eld  5  Ec^/r^  the  third,  whowasbutthirteene5 
 706  Richard  the  fecond,  who  was  buteleven  yeares  cf  age  •  He??ry theHxt,  who  was  but 
 {h)  A>h  &  njne  nionetns  0)cj  .  Edward  the  fifth,  but  twelve  yeares  ;  Henry  the  eight  noteigh- 
 7-2  See  Hoi,  teene  yeares  ;  Edward  che  lixt  but  nine  yeares  of  age,when  they  began  their  Reignes- 
 Speedrfrafi.  in  and  Co  uncapable  of  giving  any  perfonal!  confent  to  Lawes  bv  themfelves  (of  which 
 ihcir  hves.         they  could  not  judge,  but  by  their  Protestors,*)    and  by  all  A'fts  made  in  the  abience 
 
 of 
 
are  V  c  SoVcraigne  To^er.  j  k 
 
 Of  King  (i)  \  hefirlt,    Edward  the  1,2,3,4.  Hairy  the  3.2,3,4,5,6.  and  otfa 
 
 QiitofthcRealnicj  all  go  >dand  blading  1  awes  M  appeares  by  28  H.  8.c.  17.  (i  8  ej& 
 which  altered,  and  33  H.8.c.2»,    which  ejeclarcth  the  Law  in  theft  particulars.   A   Vv'*rl;  p*' '  ■'"' 
 clearcdemonftrati  >n3  that  the  Parliament  is  the  NO'l  abiblute  Suprcame  poweiynJ  7^70*  706! 
 Law-mvc  V'"t  che  Kniii. 
 
 Tenthly,  TheKinghath  little  or  no  hand  in  making,  but  onely  in  aflcnting 
 toLavves,  when  they  are  made  by  the  Houfes.  as  the  ufuall  forme  of  patting  Acts 
 (Le  ReyUvcuh)  TbeKmg  wills  (or  affents  to)  it,  not  before,  but  after  they  huve 
 palled  both  Houfes,  imports:  which  ailent  of  his,  it  the  Bill  be  j  ublike  and  nc- 
 ceflary  forthe  Common  good,  is  not  mcerely  arbitrary  at  the  Kings  will,  but  the 
 King  by  Oath  and  duty  is  bound  to  give  it.  and  the  Lords  and  Commons  may  in 
 juftice  demand  it  of  meere  right,as  I  (hall  ihew  anon.  His  doyali  itfcnt  then,though 
 it  be  the  la'A  aft  which  compleates  Bils,  and  makes  them  Lawcs,  yet  Lnceitisbut 
 smaflenttoaLaw  formerly  made  by  both  Houfes,  which  he  cannot  alter  in  any 
 point  .  Yea, an  affent,  which  the  King  in  Honour,  Law,  Juilice,  Duty,by  vcrtue  of 
 his  Coronation  Oath,  is  bound  to  give,as  appeares  by  the  Prefaces  of  molt  Statutes, 
 the  Statute  of  Provitours,  25E.3,  Parl.6.20  E.3.  and  other  Atts)  it  is  fo  tar  re  horn 
 proving  the  King  the  Suprcame  power  and  Law-giver,  that  it  manifeth  the  contra- 
 ry, that  this  power  principally  relides  in  both  the  Houfes,  not  the  King. 
 
 Eleventhly,  The  kingdomes  Soveraignty  and  fupreamc  jurifdi&ion  above  the 
 King  is  mot  apparent  by  thofe  Coronation  Oathes,  which  Parliaments  and  the 
 kingdome  anciently,  long  before,  or  atlealhvife  in  King  Edward )  dayes,  before  and 
 ever  lince  the  Conquelt,  have  prclcribed  to  our  Kings  ere  they  would  accept  oi  them 
 for  their  Soveraignes,  of  u  hich  I  mall  ^iwt  you  a  fhort  account.  (n)  Fox  Art.& 
 
 Before  the  Conqueft,  I  read  in  (n)  King  Edward  the  Confffors  Laws,  not  onely  the  ^™'Edl\ **+*? 
 Office,  but  04//.;  of  the  King  oiEngland,  (whom  he  and  Bration  oftitiles,  Gods  and  ^uJi^j!^ 
 Cbriftj  Vicar  upon  earth*)  thus  excellently  defcribed.    A  Ki?ig  ought  above  all  things  c 
 
 trtOod:  to  love  andobferve  his  Commandements,and  caujethem  to  beobfervedtbreuj)  £'»"■''  ■"■  '.7. 
 his  who'e  kjngdome  :  He  ought  alt Co  to fet  up  good  L awes  and  cujlomes,  fiecb  as  be  whole  fome  Sl1"'  ;  v  ** 
 and  approved,  fuch  ss  he  otherwife,  to  repeale  them  andtbruft  them  out  of  his  hjngdome.  Item,  *  f-W- 
 
 he  ought  tn  doe  Jufi ice  and  Judgement  in  his  kingdome,  by  the  counfeU  of  the  Nobles  of  his 
 Rtalme.     All  thefe  things  ought  the  King  in  his  owne  perfon  to  doe,  talking  bit  Oath  upon  the 
 
 .  ngeliftt)  and  the  blcjfed  Reliques  of  Saints  -,  fwearing  in  the  prefence  of  the  whole  Stat' 
 of  his  Realme  (as  well  of  the  temporally  as  ofthefpiritualty)  before  be  be  Crowned  of  the  Arch- 
 bifaps  and  Bijhops.     Three  fen  ant  j  the  King  ought  to  have  under  him  at  Vaffals,  fiefioly  lufl} 
 avarice,  and  greed V  defire,  whom  if  be  heepe  under  as  his  fetv  ants  and  jlaves^  he  full  Reigne 
 well  and  honourably  in  bis  hjngdome.     He  mufl  doe  all  things  with  good  advifement  and  pre- 
 meditation :  and  that  properly  belongeth  to  a  King:  for  hafly  rafmeffe  bnngeth  all  things  to 
 ruine ;  according  to  the  fay  in*  oft  be  Gofpell^Svery  kjngdome  divided  in  it  felfe pall  be  brought 
 to  deflation.     Mafter  ( 0)  Fox  informes  us,   that  William  the  Conquer  our  through  the   ($)yrf.i  p  1 1«. 
 peoples  clamour  promifed  to  confirme  this  KingEdwards  Lawes,  but  the  mo  ft  part  of  them 
 be  omitted,  contrary  to  his  Oath  at  his  Coronation.     Indeed,  I  finde  not  in  *  William  of  *  Indie  tifcof 
 Malmesbury,  Henry  Huntingdon,Mattbtw  Far is,  or  We ftminfur,  that  William  the  Con-   WwHiiheMi 
 epterour  tookz  this  Oath  at  his  Coronation  ^  but  onely,  that  he  was  received  by  the 
 Clergie  and  people  at  London  in  great  triumph,  &  kl&     OMNIBUS      REX     A  C- 
 CLAMATUS,  and  proclaimed  King  by  them  all,and  then  Crowned  :  but  Ro- 
 
 G  2  get 
 
V2 
 
 "that  the  Parliament  and  J^ingdome 
 
 gcr  de  Hovcden>and  Daniel  out  of  him,  arc  expreffe  in  point  5  that  according  to  the 
 accullomed  forme,  the  Bifbops  and  Barons  oftheRealme  tooke  their  Oathes,  to  be 
 his  true  and  I oy  all  Subjects  ^  and  he  reciprocally,  being  required  thereunto  by  Aldred, 
 Arch-biftop  of  Torke,  who  Crowned  him,  made  his  peribnall  Oath  before  the  Al- 
 tar of  the  Apoille  Saint  Feter,  in  the  prefence  of  the  Clergy  and  People;  That  he  would 
 defendthe  holy  Churches  ofC/od,  and  the  Ritfors  of  the  fame ;  Likgwije  that  he  would  vovern 
 all  the  people  Subjetf  to  him  juftly*  a?id  with  roy  all  providence:  R  E  CT  AM  LEGEM 
 STATUE  RE  ET  TENERE,  (  which  referres  to  future  LaWes  )  that  he 
 would  eft ablifi  and  obferve  R  I G  H  T  E  O  U  S  LAWES;  W  that  he  would  utterly 
 prohibit  rapines^  and  unj uft  judgements.  Nor  did  he  claime  any  power  by  Conquelt 
 but  as  a  regular  Prince  fubmitted  himfelfe  to  the  Orders  of  the  kingdome  •  defirous 
 to  have  his  Tettamentary  title  (howfoever  weakej  to  make  good  his  Succeffion  ra- 
 ther than  his  Sword  ;  the  flattery  of  the  timeonely  giving  him  the  Title  of  Con- 
 querouraftefwards  -,  but  himfelfe  not  claiming  it.  But  William  fbone  after  forget- 
 
 *  H//?.f.44c,      ting  tfcs  ^is  f0lemne  Oath,  did  (as  *  Speed  with  others  write  )  abrogate  for  the  moft 
 
 part,  the  ancient  Lawes  of  the  Land^  and  introduce  new  hard  Lawes  of  his  ow?ie,written  in  the 
 Norman  tongue,  which  the  people  under  ft  ood not ,  and  the  Judges  wrefted  at  their  pkafures 
 to  the  forfeiture  of  Goods,  Lands,  Life.  Hereupon  the  Nobility  and  Natives,  feeking  to  caft  off 
 thefefnares  and  fetters  of  his  Lawes ,  fit  up  Edgar  Athelingfor  their  King  and  General}  once  a* 
 gain,&feU  into  a  new  confpiracy,raifmg  great forces,&  rejolving  to  makjt  the  fword their judae. 
 The  King  hereupon  by  Lanfrankes  advife,  who  as  Kehoboamsfages,  gavebimcounfell,fome- 
 ■what  to  beare  with  their  abufes^  rather  than  hazard  the  mine  of  all  in  fight ,  appointed  a  mee- 
 ting at  Berkfeamftced,  Anno  1172.  Where  the  King  cntring  parley  with  the  Englip  Nobility 
 didfo  farrcwinde  himfelfe  into  their  good  opinions ,  that  they  all  forthwith  laid  downe  their 
 weapons.  And  he  for  his  part  fearing  to  lofe  the  Crowne  withfhame,  which  he  had  gotten  with 
 tffufton  of  fo  much  blood,  gave  his  Oath  upon  the  holy  Evangelifts^  and  the  rtliqua  of  Saint 
 Albanetht  Martyr :  ( the  fame  being  miniftred  to  him  by  Abbot  Frederick  )  fwearincf 
 r.;<  obferve,  and  inviolably  to  keepe  the  ancient  Lawes  of  this  Land,  and  moft  ejpeci ally  thole 
 tompiledby  KingEdward  the  Confejjor  5  though  fas  the  event  foone  (hewed  )  he  little 
 meant  to  doe  as  he  promifed.  Peace  thus  eitabli(hed5  this  conference  ended,  and  the 
 Kings  Oath  received,  the  English  Armies  disband  themfelves,  as  dreaming  they  had 
 uow  good  fortune  by  the  foote,  and  hoping  the  greatelt  ftormes  of  their  dangers 
 were  part-  which  prefently  proved  but  a  vaine  furmife.  For  King  William  having 
 impounded  with  the  Vanes,  begau  extreamely  to  hate  the  Enplifh  Nobles,  and 
 with  full  resolution  of  their  deftru&ion,  mddenly  fet  upon  them  apart,  which  hee 
 
 *  See  Timtindon  ^ur^  not  attempt  when  they  were  united ;  fa  that*  faying  many,  imprifoning  others, and 
 hiji.lj  p.  1 6g.  perfecting  all  of  them  with  fire  and  fword,  well  was  he  that  could  be  fir  ft  gone.  Such  little 
 Mai.Par.hjji  p.  faith,  or  affuranceis  therein  the  folemne  Oathes  and  Proteftations  of  Kings  to 
 (a.)muWe(tm  tnc*r  Sub j efts »  which  are  feldome  really  performed,  and  intended  onely  as  fnares 
 rftf/UoYs.  Earf-  to  mtrap  them,  if  they  confide  and  rely  upon  them  without  any  better  (ecurity. 
 mm  kift.l,  1  .p  (a)  After  the  death  of  William  the  Conquerour,  William  Kufm  his  younger  fonne, 
 15,14.  Mmb.  in  the  abience  of  Robert  the  elder  Brother,hailens  into  England,to  obtain  die  Crown; 
 *i"spfed'tift  and  findin£ tne  greatefl  part  of  the  Nobles  againft  him  3  he  gave  his  folemm  Oath  and 
 p.4l6*Graftp]  fa^h*0  Lanfra??keArcb-biftop  of  Canterbury  hisTutov,  that  if  they  would  ma- [e  choife  of 
 *t,i2.Malmsl>.  him  for  their  King,  he  would  abrogate  the  over-hard  Lawes  of  bis  Father,  andpromife  to  ob- 
 1 4./>.  1 1^120,  fervejuftw9  equity  andmercj  throughout  the  kingdome  in  every  bnfineffe^and  dejend  the  Peace 
 
 and 
 
are  the SoVera'wne Tower  r  i 
 
 vui  j  _;  tinfl  til  men-  and  eaft  them  of  all  bardtaxetMpon  which  i 
 
 diuon  rttibutf  mneial'mm  animis,  by  the  voluntary  conlei  >y- 
 
 ces  of  all,hc  was  chofen  and  Crowned  King. Which  proraifeand  Oath  be  (bone  ai 
 brake*  (aying^ita  is  it  that  can  fulfill  hit  fr  Whereupon  many  of  the  Nob! 
 
 levyed  warreagainft  him,  adopting  Robert  his  elder  Brother  King.  (jffWilliam  Rufus  q, 
 dyh  i  this  younger  Brother,  inthe  lifcof  Robertthc  right  Heire  af- 
 
 fembTing  all  the  Clergy  and  people  together  to  L<  u  I  n%  to  procure  their  favour  and  www  /■// 
 Ioyc  e  him  for  their  King  and  Patron,  He    promifed  the  Reformation  of  Mi- 
 
 le Lawes,  by  which  England  had  beene  opprefled  in  the  Reignes  of  his  Father    '*'?•** 
 thcr.     To  which  the  Clergy  and  Nobles  anfwered:  Thatif  hec  would   j 
 with  a  willing  minde  reforme  chofe  rigorous  Lawes,    remit  the  Taxes  impofed  up- 
 on the  Subjects,  and  by  his  Charter  continue  thole  ancient  Lawes  and  Cultomes    -  hki 
 which- flouriihed  in  the  kingdomein  the  time  of  holy  King  Edward%  they  would  r,1> 
 unanimouflyconfenttohim,  and  consecrate  him  for  their  King.     Which  hewil-  Graft.pzVs'p 
 UnglyailentirigtO)  and  affirming  with  an  Oath  that  he  would  performc  •  he  was  by  p.Je6^6f. 
 
 auent  both  of  Clergy  and  people  confecrated  King  at  Wefminfier^  promising  by 
 Oath,  to  'x         Edwards  Lawes,  and  renounce  all  opprejjion  $  in  purfuancc 
 
 whereof  as  fooneas  he  was  created,  he  by  his  Charter  confirmed  and  reformed  di- 
 vers Lawes  for  the  ea(e  and  benefit  of  his  Siibje&s,  recorded  at  large  by  Matthew  Pa* 
 rUiSpeedyind  others-    The  beginning  of  this  Charter  is  obfcrvable.     Henry  hj  the 
 God)  of  England^  &c.     Kno  -  ye,  thai  by  the  mercy  of  Gad,  and  C  O  M  M  O  X 
 CQHMSELL  of  the  Barons  of  the  Ksngdomt  of  England,  I  am  Crowned  King,  And 
 uft  the  fyngdomewas  opprejjedwithunjuflexaflionj,  I,outofre'pcii  to  God,  and  the 
 I     ire  towards  yon  all,  make  the  Church  of  God  free^&c.     And  aU  the  dill  a/flumes 
 wherewith  the  kjngdome  of  England  wot  unjnfilj  cfprcjfcd,  I  take  from  thence,    which 
 evill  enflomes  I  herein  part  fit  downe.     And  in  the  end  or  his  Charter,  he  confir- 
 med and  reitored  to  them  King  Edwards  Lawes,  with  thole  amendments  of  them 
 which  his  Father  made  by  the  content  of  his  Barons.   After  which,  thole  Lawes 
 of  his  were  publifbed  through  Al  England,  and  tXawtlpb  Bifhopof  Durham  banish- 
 ed the  Court  and  committed  to  the  Tower,  foi  his  oppreilion,   bribery,  and  other 
 crimes.     Henry  deceaiing  (c)  Maude  the  Empreflehis  right  Heire    (to  whom  the 
 Prelates  and  Nobles  had  fworne  fealty  in  her  Fathers  lite  time)  was  put  by  the  (c)Mjt.Pa;.Lv. 
 Crowneby  the  Prelate?  and  Barons*  who  thought  it  baleneflefor  ib  many  and  fy/,'/ 
 great  Peeres  to  be  fubjett  to  a  woman,  and  that  they  were  freed  of  their  Oath  by   17^179  /go 
 her  marrying  out  of  the  Realrae,  without  their  confents,    and  Stephen  Earle  of  tfen.Jfai$,l.ln 
 Mortaine  (  who  had  no  good  Tide  )  aflTemblingtne  Bifhopsand  Peeres  at  London,  t^^fiiJh 
 
 tlx  Churches  Li  Covenants,  and  cotafirme  them  with  hit  4* 
 
 Charter  5  according  to  the  old  Proverbe ;  ^uamdiuhabibitmefroSii  u  >te 
 
 ft   Lt  All  this  the  King  at  his  Coronation  fwore,  and  promifed  ro  God, 
 
 the  people,  and  Church  to  performc.  And  jjrciently  after  going  to  Oxford,  he  fin 
 
 purfuancc  of  his  Oath)  there  fealed  his  forc-promiftd  Charter  of  many  indulgent, 
 favom  s :  the  fumme  whereof  was  tins. 
 that  all  Liberties,  Ciifiomes,   and  Pdjji-Jions  granted  to  the  Cbnrcb9  fiottld  be  fir  me  and 
 
 G  3  vi. 
 
54 
 
 That  the  parliament  and  Kingdcme 
 
 in  force  -  that  all  bad  ufages  in  the  Land  touching  For  efts,  ex  anions, and  annual!  Taxes  which 
 hit  Anceftm  ufuilly  recemd^pou'd  be  eternally  aboliped  •  the  ancient  Lanes  reflorcd ;  pre- 
 lacing  therein,  (d) That {ye  obtained the  Crow**  BY  ELECTION  ONELY  .  Hie 
 dAftnfH.Chn  autemfpecialiter,  &*!ia>multagenerather,  Jefervaturumjurav:t^  fed  nihil hornmqu* pee 
 &  popular.  Re-  pr0mlferat,  ebfervavit,  write  Matthew  Par  is  tHoveden,  and  Hun tindm.  Pene  omnia  per- 
 gem  AnglU  els-  ptram  mmavit,  quafi  ad  hoc  tintitm  jxrajjefjta  pravaricatorem  Sazramentifi  regno  toll  often- 
 &m,  Mdm.f.  ^^  ^.^  /tftimesbtiry.  *  Granting  tbefe  immunities  rather  to  blinds  their  eyes,  than  with 
 *  See  Speed  p.  am  purpsfe  to  manacle  his  own*  hands  withfueh  parchment  ch  tines :  Such  faith  is  to  be  gi- 
 483,484.  veVtothefolemncft  Oathesot  Kings,    Butthishis  pe.  jury  was  like  to  coil  him  his 
 
 (e)  Hoveden  p.  Qrownc  his  prelates  and  Peeres  thereupon  revolting  unto  Maude.Thc  form  of  King 
 49  i.Grafp.  50.   ^^  t^  fecon(\  rij_s  Oath  I  rinde  not  j  onely  I  read  ve)  that  upon  hk  Coronation  he  can- 
 fed  the  Lowes  to  be  reformed,    by  advife  of  difcteet  men  'earned  in  the  L aw,    and  by  hid  Procla- 
 mation commanded \that  the  good  Lawes  of  his  Grand-father  Henry  flmdd  be  oSfirved  and 
 firmely  kp*  throughout  the  Realme.     Wherefore  it  is  probable,  he  tooke  the  fame  Oath 
 V^ned*'   that'he  did.  (f)Richardthc  nril}fucceeding,at  his  Coronation  in  Wefiminfter  Church 
 6%'MfiJpo  -  comroing  to  the  High  Altar,  before  the  Clergy  and  people  tooke  thisiblemnc  Oath 
 dtg.Neuftr.An-  upon  the  Holy  Evangeliils,  and  many  Saints  reliques.   1.  That  all  the  d  ayes  of  his  life 
 1  i89.p.  4?»46 .  }K  xwtld  heart  pace,  honour,  arid  reverence  to  God,and  holy  Chttrch,akd  the  ordinances  there- 
 Speed  p.  5  3°.      ^  ^  That  to  the  people  committed  to  his  charge,  he  would  exercife  Right,  Juftice  and  Equity, 
 2 .  That  he  would  abolifh  naughty  Laws  and  Cu femes  if  any  were  brought  upon  his  kafigdome^ 
 and  would  enati  (rood  Lawes,  and  the  fame  in  good  fort  hepe, and  without  Mal-engin.  Which 
 Oath  molt  folemnely  taken,  Baldwin  Arch-bifcoipot  Canterbury,  (landing  at  the  Al- 
 tar   forbad  him  in  the  name  of  xAlmi^hty  God, to  aflfume  that  honour,  UNLESSE 
 HE   HAD  A  FULL  PURPOSE  TO  KEEPE   WHAT  HE  HAD  SWORNE- 
 W  hereunto  Richard  ASSENTING,  and  promifing  by  Gods  helpe  to  per  for  me  all  the  pre- 
 ^H2to%t   mifis  WITHOUT  FRAUD;  With  his  ov/ne hand  humbly  taking  the Imperial* 
 7p9A9^oJp.   Crowne  from  the  A!tarDdelivered  it  to  the  Archbimop,  whofet  it  on  his  head,   (g) 
 V-  548>  54?-      King  Ri:/>W  deceaiing,  John  his  younger  Brother,   to  put  by  Arthur  the  next  heire 
 550  Secfoly.   to  the  Crowne,  came fpeedily  out  of  Normandy  into  England •  where  the  great  a(- 
 Virg.HoLDan.  g^y-  at  Northampton,  to  preferve  their  Pughtsand  Liberties,  were  content  to  accept 
 p. 117, 1 1  .        Ofljim'for  their  King,  to  yeeld fealty,  and  keepe  faith  and  Peaei  to  King  John  upon  condition 
 onely,  if  he  would  reftort  to  every  of  them  their  Rights  •  which,he  afterwards  violating  it, 
 was  the  occafion  of  great  diiiention  s.    Comming  to  London  to  be  Crowned,  Hubert 
 Archbifhop  ofCanterbury,  (the  Pillar  of  the Commen-wea'ths  ft  ability,  and  incomparable 
 for  deepe  reaching  wifdome)  fteps  forth  in  the  mid  ft  of  all  the  Biihops,  Lords,  Barons, 
 and  others  there  aifembled  at  his  Coronation,  andnbake  thus  unto  theffl.    Hearejee 
 all  you  are  in  difcretion  to  know,  that  no  man  hath  right,  or  any  other  fore-title  tofuccecd  ano- 
 \  A  }r;in^n,  thlrisi a  tintdme* nnkffeftrft  (with  invocation  for  gr ace,  and  guidance  of Vods  Spirit)  he  be 
 ;;£    P     BY    THE    BODY    OF     THE   KINGDOMS    THEREUNTO   CHOSEN, 
 and  be  indeed  Come  choyce  ?nan,  and  picked  out  for  fame  eminency  of  his  verms,  according  to  the 
 example  and  fimilitude  of  Saul  the  fir  ft  anointed  King,  whom  God  fit  over  his  people^  though 
 neither  the  Sonne  of  a  King  nor  of  any  royall  defcent.    So  after  him  likewifc  David  the  fin  of 
 Je  fe  •  the  one  for  being  valorous,    and  aperfon  fitting;  Royall  dignity,  the  other  for  being  holy 
 and  hum  hk  minded.     To  {hew,  that  who  fever  in  a  kjngdomc  excelleth  all  in  valour  andver- 
 tue,    ought  to  furmount  all  in  Rule  and  Authority  :  yet  Jo,  as  that,  if  any  of  the  Of-fpr'mg  of 
 a  deceafed  Kingfttrfjjjeth  0. hers, It  is  fit  joyntiy  h  confent  in  elettion  of  fitch  a  one.   This  there- 
 fort 
 
are  theSoTeraivneVoTlw. 
 
 a 
 
 fire  i  •''" e  f°hn  |  V  our  n 
 
 illnftriouf  Kin% Richard  n  dyvaMmgan  wb  mhrh  , 
 
 . .  we  bjLVi  |  '  I'Jly 
 
 ELECTED,  ;<  trellin  regard  of  his  Meritt9  as  of  bit  rtyall  12.  cor].     Neither  dc 
 doubt  or  demurrc  on  thefe  things,  knowing  that  the  Arch-bilbop  had  not  thus  de- 
 fined u  ithout  cauie.    V\  hcrcfore  Earle  John^A  all  men  approvingthis ipcech,they 
 ELECTED  and  ASSUMED  the  Earle  for  their  King,  and  cryedoiu  Uyii  u,  I 
 .    But  t!ie  Arch-bifhop  being  afterwards  den  anded,why  he  had  Ipol 
 theie  things  ?  anfwered,  That  be  was  ajjured  by  fime  divining  farefig£t9  that  King  [<  hn 
 irfy  the  mine  of  the  kingdumc,  corrupt  the  CYonv/t-,  and  precipitate  it  into  great  can' 
 Mum     \nd  tb  it  be  might  mot  have  the  reives  fee  to  doe  this,  he   OUGHT    TO     ! 
 CHOSEN    BY    ELECTION,  NOT   BY     SUCCESSION.    King  John  at  this 
 his  Coronation  was  involved  in  a  threefold  Oath  :   namely,  1h.it  he  fould  \ 
 Church  and  its  Minifers^  andpreferve  it  barmelejje from  the  inxerpon  ofMaligiants*%  5 
 abolifbinzperverfcLtrveS')  he  fhould  fuhftitutc good ones,  arid  exercifi  Rigfit  judgement 
 tfx  ij  -  L    Alter  which  he  was  adjured  by  the  Arcb-bijbop,  in  the  /  • 
 
 God,  and  ftri&l)  :     .  /,  not  to  prefume  to  accept  this  honour  unleffe  he  fully  purp  fd  in 
 
 bis  mindc,  aBuaUytofulfiH\  baafiwrni.  To  which  he  amwering,  promifed  that 
 
 In G a&  ajjiftance be  would bima fide kcepetbofe  things  which  he  had  (hrorne.  After  which 
 he  rightly  ietled  the  affaires  of  England  by  thccounfell  of  his  Nobles,  and  then  pat- 
 fed  over  into  Normandy.  But  how  ill  he  kept  this  his  Oath,  with  others  or  this  na- 
 ture •  and  how  he  violated  the  Statutes  of  Magna  China  and  De  Forefia,  which  he 
 had  confirmed  with  his  hand;  feale,  Oath,  Proclamations,  the  Bifhops  Excommu- 
 nications, yea,  the  Popes  Bull,within  three  moneths  after  he  had  confirmed  them, 
 and  procured  a  difpenfation  of  his  Oath,  an  abrogation  of  thefe  Lawes  from  the 
 Pope,makingbloody  warresupon  his  Barons  and  Sub}  els  (  whoa,n.L:ding  to  thole 
 finuations  and  royal  promiiesexpc&ed  no  fuch  ftrange  performances) fpoyling, 
 robbin^deitroyinc  his  people  every  where,  in  the  felfe-iame  manner  as  we  now  are 
 plundered  ;*  the  Hi  lories  ofhis  life  too  manifeiily  relate;  which  6ft  put  his  Crown  „  q.(.(xt 
 in  danger  of  utter  lone,  Lents  of  Fran, t  being  Crowned  King  by  the  Barons  in  his  9%{0.M-- 
 itcad,  who  renounced  their  allegiance  to  him,  for  his  perjuries  and  breach  of  faith  7.143,  to  47, 
 and  ma' 
 
 yeares 
 
 of; 
 
 inons,  (h) 1  that  though  King  John  for  hit  evtU  demeanours  deftrved  their  /,  and  up  ■. 
 
 ofbisCoiv7i-\)ethi<youngcbid)  tender  in  yean  .n\»s  pure  and innocc?it  from  bit  Fathers  p  -1  ;  1 
 reforefil  I  m  is  to  be  charged  with  the  burthen  of  his  own*  i  WW, 
 
 be  childe  (as  Scripture:  tear}  Learc  the  miquily  of  his  Fa:!  t  of 
 
 J canfeienceytobi  nfefots  mi  -Prince^  andtal  1  -en 
 
 ■  much  v  he  pas  Johns  naturaU-and el 
 tajpflar.ee  AVF01XT    HIM 
 ■    •       IfHppreffehUpeople^whieharea 
 
 j      U;    n  which  per fvtafien  H ra ;  ■■  .miy 
 
 pioclaiiried  and  Crowned  King  were  bar  an  infant,  ycr  being  (/;.  fee  be-  (i)  Mat.Par.f, 
 
 beHigh  Alrar,  he •  P.vorc  before  [he  Clergy  a:;  I  upon  rhe  Hoi'   E*angf  lifts  aid  divers    278,505. 
 
 I  Samrs  R-el  0  tb  ,  Tbatbe  1 
 
 to  God,  to  sofhslife.  He  like* 
 
 rigf.t  jufllce  <vn:vgtb  *rge\  Aid that  be  would  -  ra- 
 
 test 
 
%  6  Tb.it  ihe  Tarliameut  and  Kingdom? 
 
 .::?,if  there  jf.oul  J.  !'■:■:■  \  in  the  l-J'\i  •?!:.. v.  iodones^andcaufetbemto  be  kept  by  all  wen:  How 
 
 (7.0  In  his  Id  -    u  c^  he  obferved  this  folen  ne  Oath,  with  many  orhcrs  of  like  nature  made  ro  hi  s  Lords  and  Subjccls,for 
 livnTrgu.  i^So  on  of  Magna  Cb.vta,  and  their  Liberties,  (/^)  Matthew  Park  willinfonneus  5  who  wrires, 
 
 p?,y6. "9  j  -,       Tl?at  tlx  King  in  all  his  Oatbes  and  promijes  did fo  fane  tranjgreffi  that  the  Prelates  and 
 
 9  5  s>  <  J9i  y  0-    ~ '  n'  t9^e^  r,;A'  Proteus f be  King  \  for  what  there  tin:  truth,there  can  be  nofixed  confidence: 
 
 That  though  be  Sometimes  buinbledhitnfelfe,  corf  (Jhg  thai  he  had  beene  often  bewitched  by  ill  counjell,  and 
 prwifed  with  a  great  Qathfolemnel)  taken  up:n  the  Altar  and  Coffin  of  Saint  Edward,  that  he  would plainelj 
 
 (l)H\fiMgp. 
 
 I,  fingh&m  norcs )  yet  none  would  afte  rwai  d  feared  andfifpe  ?ed  his  words  and     .  ./M,and 
 
 ro  avoid  the  in  famy  of  perjury ,  which  h-  feared,/;?  jenl  to  the  Pope  to  abfolve  hi<:  f"m  hit  0  epen- 
 
 ted  of  who  eafil)  granted  him  an  abfolutionSudi  frith,  fuch  affurance  is  there  in  rh*.  Oarhes,  the  rorefta- 
 rionsof  Princes  to  their  Sub jefts  ;  whofc  Poliricke  capacities  oft  times  have  nei  fiei  foule  no:  confei- 
 ence,  and  feldome  keep-cany  Ca  lies  or  promifts,  no  further  than  it  Hands  with  their  owne  advanta- 
 ges, tepnringenel)  pirn*  frauds,  to  over-reach  and inrrap  their  credulous  people  1  hi^  pcrhdiouf- 
 neile  ;n  rhe  King,  made  his  long&eigne  full  <si  troubles^  of  bloody  civil!  wanes,  and  oic  rimes  endan- 
 gered the  vcr)  !o:fe  of  his  CrowueandKingdome,  as  our  Hiitor.ans  in  forme  us,  for  which  he  repen- 
 ted and  promifed  amendment  at  his  death 
 
 (ni)  Lib.  l.c.$>        (m)  Braftc'n an anrieiu Lawyer  in  this  Kings daies^vrirc1.  T  at  tie  King  inhis  Coronation  OUGHT  . 
 
 J.I07,  b  in  C  u  [-  taken  in  the  name  ofjefiu  Chrift,  ic  p,  omife  theft  three  thing?  tc  the  people  fubjeft  to  him*  Pirft,that 
 
 her<  -.    ■   iohispifwer,  that  trueptacefhatt.be  kept  to  the  Cbisrcb  and  all  Cbnflun  p::- 
 
 pi:  in  bis  time.  Secondly,  "that  he  will  prohibit  }ap':ncs  (  orpfunderings)  and  all  iniquities,  in  all  de- 
 grees. Thirdly,  That  in  all judgement  she  wit! command  equity  and  mercy,  that  fo  God  who  h  gracious  and 
 npxifktt  maybe  ft  cw his  me  r)  ''■<■''  n->andtbatby  his  fuftict aS men may enjoy firme peace.  For  (fairhhe)  a 
 Kjngn  SACRED  and  ELECTED  (rowir,by  his  Kingdoms  J)  _/cr :/;«  end,  to  dtejuftste  unto  all;  for  if 
 .  were.no  juflief9peace  w  uldbe  cap.'}  exterminated^mdit  would  be  invaine  to  make  Lawes,and  doe  juftice 
 mi  ')  t  cue  t  defendthe  Lawes',&c. 
 
 Thefo  me  of  the  Kings  Coronation  &  Oath  ever  fince  Edward  the  fecond  hath  beene  rhis,and  is  thus 
 
 00  Mae.  Char  aAtamftred  (p)Tkz  MempoSti  p  that  is  to  Crowne  the  King,  with  a  mean  •  and  diflinB  voyct  fhall 
 Printed  Cu.  n  intensga:  .  Oath  the  Lowes  and  Cuftoma  granted  t  of  England,  by 
 VrhilegioLon-  ar€tent?juft,anddevcut  Kings  towards  God,  to  the  feme  people, and  ejpccialty  the  Lanes, and  Cuftomesyond 
 don  1*558.  part  tibertses  granted  by glo'ious.  King  Edward  to  theClergie  and  People,  And  It  HE  SHALL  PKO- 
 *.f  164.0  J*ru-  ^  *  S  ^  r'lar  ^c  u  ''  an*ent  ro  a^  r^c  i  ^cc  C^1C  Meno  poliran  brB>fhop  expound  to  him,  what  things 
 lmntum  Regis  hc  fl'-l!l  ^c^xc,  fa)  !n£  thus.  Thou/halt  keep:  to  the  Cburc  ofGcd,  to  the  Clergi  ..,;/,  f 
 muandocoronawr  ^  concord mOod,  according  t*  thy  power  j  The  King  fhaH  anfwer,  /  will  J^cpc  it.  Thou  flaA  cauft  to  be 
 Remonftr  tm  e  ^one  in  all  thy  judgements,  equal!  and  right  jujiice,  and  di fere  tun,  in  mercy  ar.dvaity,  according  to  thy  power. 
 Nov2vii  'o  ^e  ^la''  an!wcr '  Iwilldoeit.    Jlxu  grant eft  jnft  Lewes  and Cuftonvs  to  be  kept,  and  thou  dod  promift, 
 
 .  .p.     .       ^  f  t}^  Lmc.jjuf/  fa  j  otcgeci  arj  t  onfjrmedby  thee. to  the  haw  of  God,  QU  AS    V II L  G  U  S     E- 
 
 1  QlScc  thePar-  ^EG^^V  ^T?  n-hnh  lie  pc(p!:JbiU  (!A^,acrcrd:ngto  th  pener  iBcilullanfctr  \  I  dee  grant  and  pro- 
 laments  Pve'- "  in*fe'  Anc-'  ^urc  n''1'v  Dc  acicJed  ro  :5:e  fore^^  Interrogations,  what  other  things  fliall  be  ;uir.  All  things 
 monitrance  of  ^CillS  pronounced,  heAiall  wirh  an  Oath  upon  the  Akar  prefenrly  taken  bcore  all,  conrirme  that  lie 
 the  26  of  May    UlJ1  ooilrvc'1''  rhefethings. 
 
 r  Q  His  M  ie-  There  huh  beene  a  !ax  unhappy  difference  raifed  becwecnerhe  (^)  King  and  Parliament  about  the 
 It  'V  s  Anfwer  wor^  ^L  E  G  £  K  TT  ;  the  Parliament  affirming  the  word  ro  fignifie,  iJjjII  chute ;  according  to  fundrv 
 ihe  to  d  16  w"cr?nRoHesandPrinxd Copies  inLariric and  trench,  the  King  onthe  contrary  arfnming,  it  (hoard 
 1-  ^  tl'e  P.  rii'-  bc  ;  SLli"'le  cn*1  obferves  the  words  of  thefe  ancient  Oa'hes:  Populo  tibi  commijfo  reliam  ju- 
 
 ainents  Kenlv"  $**** m  att  * ef  **'*  "  £riniqu4$c6r.futudines%  ft  aliqiuc  juerim  in  Regno  tw^<kUbis,fy  bonasob- 
 
 Nt+)i  Difltt^^  all  jn  the  future  tence ;  andtheverbesi  fervaMs,  Paciejfieri9  protegend.**,  cor  roborandts  in  the 
 •   .p.  y-      former  and  fame  cJaufcsofthe  Oath  now  ufed,  all  of  them  in  the  future,  with  the  whole  Scope,  intcr.c 
 *  j.,j      p  ,      and  purport  ofrh:s  part  of  the  Oa'h,  mult  neceffarily  gram,  fi  ro  be  the  true  reading ;  and  that 
 
 ~ji~J     !      it  refines  to  ih  f*  future  Lowe jt  to  be  t  -  nadeinVa  nor  ro  thofe  onely  in 
 
 "',''  flf?Cnt  beihgwhen  the  Oath  was  adm"«nii\rcd  ;  elf e  K .ings  fhould  not  be  ©bliged  by  their  Oarhes,  ro  keep?  a- 
 againtt  up-  nN  p  ,,,  c .  raacjc  p.fiCr  tjlcir  Coronations  b)  their  owne afient?,but  one!)  thofe  theii  Predtctflbrs  affented 
 money,p.ji.  to^not  rhemRlves,  winch  were  moft  abfurdto  afnrme.  But  becaufe  I  have  la'gely  debared  this  parncu- 
 determines  o.     ja   _irc|  ^  VCn  vca  :v  a  counr  0f   ur  |^  [ngS  Coronaion  Oa  hes from  King  Richard  ihe  feconds  Rcigne 
 
 dou  nt  ward,  in  my  fo'fowing  Difccurfe,  r^d  dc  bare  of  ihe  King; :;  1  gam  c  1  oyce  in  paffing  Bits 
 
 in  Parliament,!  Ihail  proceed  n  j  further  in  'his  fubjeel  here. 
 
 From 
 
arc  the  Sovcraigne  Power.  75 
 
 From  thefa  fcvcrall  Oathtsand  P-ilFagcs  3  theuiuall  forme  of  the  Nobles  p*  ;- 
 chiming  fuch  and  fuch  Kings  ot"  fnglaud^ht  (>)  fore-cited  Hiitories ;  the  manner  ( ;  Pag.«  o. 
 ot  our  King*  Coronation  thus  expuiied  in  chcclofc  Roll  of  1  R.  2.  n.  44.  After- 
 
 rear  ds  the  Archbtfitp  0;  bfcry  having  tdleen  the  corporal!  Otith  of  our  Lord  the 
 
 Ktnf,  to  0, . ait  ftnd  ketpf)  and  with  his  (Kith  to  co-fume  the  Lnwes  and  cuslcmes granted 
 to  the  people  ofthi  Kingdome  uj  England,^  .inc..  tjjnft,  and  devout  Kings  r/England3 
 the  progenitors  of  the  faid  King%  and  t  \  he  Luws^  Cuflomes  and  Freedcmcs  gran- 
 
 ted to  the  Clergy  and  people  of  the  (aid  K  inn  dome  3  by  themofl  glorious  and  holy  King 
 Edward,  to  k*  t  pe  to  God  and  the  holy  Church  of  god,  and  to  the  Clergy  and  people ;peace 
 and  concord  in  God  entirety, according  to  his  power  ,  a>.dto  caufe  ecjuall  and  right  Irftice 
 to  be  done,  and  dtferetien  :n  mtrcy  ana  truth,  and  alfo  to  hold  and  keep  the  jufiLawes  and 
 cufomes  oj the  (fhurch  j  and  to  caufe  that  by  our  f aid  Lord  the  K"g  they  JJjouU  be  pro* 
 tetledy  and  to. the  honour  of  Gcd  corroborated,  which  tie  PEOPLE  S  H  O  LI  L  D 
 
 JUS1LY  AND  REASONABLY  CHUSE  to  the  p  wcr  of  the  faid 
 Lf'rdibe  King :  the  afvrefatd  Archbifljop ,  going  to  the  faure  fide  s  of  the  /aid Sc><  ffold^de- 
 clartdand  relattd  to  alt  the  people  .    how  that  our  Lord  the  Kir.v  hud  tak?n  the  faidOath^ 
 
 iauirwf  ./"THE  SAME  PEOPLE,  IF  THE  Y^  WOULD  CON- 
 SEN  I  TO  HA^E  HIM  THE1K  KING  AND  LIEGE  LORD  ? 
 Who  with  ONE  ACCORD  CONSENTED  THERETO.  Which  ^ 
 *Tbem4i6\  fValftnghum  who  t  dates  the  who, e  forme  of  this  King*  Coronation  thus  5? -I 
 deki  bun.  §h4ibHd  comphtis^Archieptfcopud  pr&cedenteeoCMartfcalh  Anqltx  Hen- 
 rico Her  cy ,  convernt  it  ad  omocs  plagas  Eccltfs  ,  INDICANS  POPULO 
 REG1UM  JURAMENTUM&quaerensSl  S  E  T  A  LI  PR  I  N  C  I  PI 
 AC  RECTORl  SUBJICERE,0~<7«*  \uffionibm  obtemperare  V  E  L- 
 LENT,  ET  RES  ON  SUM  EST  A  P  LE  BE  refono  clamore,  Q_U  O  D 
 LUBENTERSIBI  PARERE  VELLENT.Whichcuitomeboth  be- 
 fore  and  iincc  hath  been  conrbntly  in  this  Land  obferved  at  the  Coronation  of  our 
 Kings :  fromallthefeliay  it  is  apparent :  Firft,  that  Popiih  Parliaments^  Peeres, 
 and  Subjects,  hive  deemed  the  Crowneof  England  not  meercly  fucceffiveand  here- 
 ditary 5  though  it  hath  ufually  gone  by  delcent.  but  arbitrary  and  ete  El  ivejnhen  they 
 faw caufe,  many  of  our  Kings  comming  to  the  Growne  without  juft  hereditary 
 Title5by  the  Kingdome2,Peeres,  and  peoples  free  cletliw  enc/y  confirmed  by  fubie- 
 quent  A&8  of  Parliament.,  which  was  then  reputed  a  fufficient  Right  and  Title ;  by 
 vertue  whereof  they  then  reigned  and  were  obeyed  as  lawful!  K*«nps,  and  were  then 
 and  yet  lb  acknowledged  to  be ;  their  right  by  EleRion  of  their  Subjects  (the  foot- 
 fteps  whereof  doc  yet  continue  in  the  folemne  demanding  of  the  p  .fents  at 
 
 our  Kings  Inaugurations)  beingfeldome  or  never  adjudged  an  illegall  utirpa'tion 
 inaoy  Parliaments:  whence  theftatuteof  1  E.  4.  c«  b  cV  <?E.  4«f.2.  declares  King 
 H  r.iy  the  4.  5.  and  6*  to  befucccffively  k  ings  ofpr.glatd  indeed,  and  not  of  right ,  jet 
 net  ufurp  rs  becaufe  they  tame  in  bj  Parliament,  Onely  Richard  the  third ^  (vtho  trea- 
 cherovfly  murthered  Er-  $•  hps  Soveraignr,  and  violently  nfnr.ped  hu  Crowne,  at 
 
 firfl;  before  any  Parliament  gave  it  him  .  compelling  the  Lords  and  Commons  afterwards 
 to  EleB  him  Kino-  out  of  fare  ,  after  his  fl  aught er  in  Bofworth  field,)  vedt  declared  an 
 ttfurper  by  Aft  of  Parliament  I  Hen,  7.  c.  6,  and  Co  adjudged  to  be  by  8  H.yS*  I. fee  1  E. 
 4  c.  1  &c  9  £♦  4.  f.  1.  2.and  Henry  the  7.  had  the  Crown  fet  upon  his  LeaJ  in  the  fi-idy 
 by  my  Lord  Stanly  ^as  though  faith  ($)  Grafton  )  he  had  been  eUc~\cd\>inv  by  the  veyce   .  v  p     s-« 
 
 c/f,  as  in  ancient  times pafl  in  divers  Rea/mes  it  hath  h  en  aeeuftemfd,Secr>ri(' - 
 Iy,that  thofe  Kings  who  have  enjoyed  the  Crown  by  fucc'.iTionjdefcentjcr  clc#ion, 
 
 H  have 
 
78  That  the  Parliament  and  Kingdomt 
 
 have  ftiii  taken  it  upon  the  conditions  and  covenants  contained  in  their  Coronation 
 Oathes ',  which  if  they  refuted  to  fweare  to  the  Peeres  and  people ,  realty  and  bona 
 fide  to  perform*,  they  were  not  then  to  be  crowned  or  received  as  Kings,  but  adjured 
 (t)  Cooke  7-Re-  ^  ^  mme  gfQ0C{t0  renounce  this  dignity.  And  though  tn  point  of  Law,(i)thofe  who  enjoy 
 Cdvins  crfe\  *^e  ^r0Vpne  h  Succeffior^  be  Kings  5  before  their  Coronations  5  yet  it  IS  it  ill  upon  thofe 
 Hmd.  ViUvi-  fabfequent  *  Conditions  both  contained  in  their  Coronation  Oatbes  ,  which  impofe  no  next 
 tm  Defin.VJcis  but  onelyrarfie  the  old conditions  infeparably  annexed  to  the  Crown  by  the  Common  Law^ 
 -pxts,  t<  c,iu     ever  fince  Sdward  the  Confeffcrs  dates,  afid  long  before,  as  Father  *  Littleton  tefoIves3 
 
 *  Littleton ',fea.  £tne  Office  of  a  King  being  an  Office  of  the  greatest  truft  of  any  other.,  which  the  Com- 
 frohulnht  mon  ^A7Vi  binds  the  King  well  and  lawfully  to  difcharge,  1 0  doe  that  which  tofttch  O  ffce 
 Ibid.  f.  z3  2*  belongetb  to  doe  )  as  the  Oathes  of  all  our  Kings  to  their  people ;  really  to  performe 
 233,134.         thefe  Articles  and  Conditions ,  fully  demonftrate.     Thirdly.,  that  thefe  Oathes  are  not 
 
 mcerely  atbitrary  or  voluntary  at  the  Kings  pleafure ,  to  take  or  refufe  them  if  he 
 willj  but  neceffary  and  inevitable3by  theLaw,and  conftantufage  of  the  Realm,  yea 
 (v)  %ildus  °f  a^  Qv)  Chriftian  mo  ft  Pagan  Realms  whatfoeverjvhich  prefer  ibe  like  Oathes  to  tkeir 
 Vroxm  defend*  Kings.  From  a  1  which  I  may  firmely  conclude,  that  the  whole  kingdr.me  and  Parlia- 
 n.  3  *.  Di.  Cra-  mcnt  are  the  Supreame  Soveraigne  Authority-  and  Paramount  the  /y«f5becaufe  they*  may 
 JewMetence  lawfully  ^  and  die  ufu,ilty  prescribe  fnch  conditions,  termes^  and  rules  of  governing  the  peo* 
 °  1 6  to\  7C:  f^e  t0  ^tm,>  And  bitd  him  thvu  by  Oath, faith fully  to  perfor?n  the  fame  ?  as  long  as  he  foall 
 Gr/mjl.lm?L\:r  continue  King  ;  which  Oath  our  Kingsufually  tooke3  or  at  leaft  faithfully  promifed 
 nil  hift.  p.6^   to  take  to  their  Subjects  in  ancient  timeSj  before  ever  they  did  or  would  take  an  Oath 
 
 *  See  fomj cue,  of  feaky,  homage  or  Allegiance  to  them  3  as  the  premiles  evidence,  &  Clavf.Rer. 
 
 Revet?  Re*U  Tenthly3  Our  Parliaments  and  Ktegdome  anciently  in  times  of  popery,  and  Pa- 
 Jnph.U'C.7,  ganifme  have  both  challenged  and  e xerc i fed  a  Suprea me  power  over  the  Crowne  of 
 $>9*  England  it  felfe3  to  transferreit  from  the  right  heire ,  and  fetle  it  on  whom  them- 
 
 f^g7^j9-      felves  though*;  meete  to  elecl:  for  their  King;  and  likewife  to  call  their  Kings  toan 
 account  for  their  rnif-gov£rnment3  and  breach  cf  Oath  to  the  prejudice  of  their 
 people,  fo  farre  as  to  a:  tide  againft  them3  and  either  by  force  of  Armc?,or  ajudiciall 
 lentence  in  Parliament,  actually  to  depofe  them,  and  fet  up  others  in  the  Throne,  as 
 * I'/alfinghn'M,    the* fore-cited pre f  dents,  ^of Archigallo  ,  Emerian ,  two  ancient  Brittifh Kings ,  of 
 hift.Angy.107,  £dwin  kino-  cfCMerci v?,  and others  deprived  of  all  honour  and  kingly  dignity  J?y  the  unam 
 108,109:  Ifo^  moti&  conftni€f ,  fob  Sfibjetls  for  their  Tyranny  fipprejfion^Male-adminiflraticn^ziciota 
 rio^ixo;   **  lives ,  andcthirs  eleiled  and  made  kings  in  their  places)  evidence ,  which  Afts  of  theirs 
 VclycbronXi'   *key  tn^n  reputed  juit  and  legall.     I  (hall  cite  youonely  two  prefidenls  of  this 
 ch.  4>  kind,which  have  meererelation  to  Parliaments*     The  fofl  is  that  of  *  King  Sdward 
 
 Volydon  Virgil  tfoe  f(Corj^  lv no  being  taken  prifoner  by  his  Qxeen,  Sonne,  Nobles ,  for  his  male-ad- 
 hfhAvgULi  8*  m]njgratjon  the  Qieen,  with  her  forme  by  the  advtce  of  her  CouncelL  fuaamened 
 bir  TbGmcti tela       .  .  .    _      '     ,,  ,>T^,      3  „  n        n      •      l    t/«  l«   l  l  l. 
 
 More.Gnftoti,   an  ^-gn  Oourt  of  Parliameat  at  mftmn(tcr  in  the  Kings  name ,    which  began  the 
 
 />.2i5,zi6.   '    1  delay,  of  January,  *An*  1325.  In  which  aMcmbly  it  w:s  declared,  that  this  Realm 
 
 P  6*1*   could  not  contirue  without  an  head  and  goverr.our5  and  therefore  firff,  they  agreed 
 
 eBz.  xtaniel,    t0  ^raw  into  Articles  the  Mif-Q^cvernment  of  the  king  that  was  in  prifon,  and  aH  his 
 
 %dmfbTh      €%  Md******  which  he  had  done  ly  will  and  naughty  CounfelL    And  when  the  [aid  Ar- 
 
 tm,  Stow  'anT  ttef'S  ws™  reA^  ^  w^e  kncwne  t0  ^  the  Lords  ^Nobles  ^  and  Commons  of  the  Rcalme% 
 
 bthi  1  s  in  his     they  then  confrdted  how  the  Realme  fhould  be  govr,-nedfr<m  thenoeforth**And  after  good 
 
 *ife;  deliberate  my  and  confultation  of  the  fore1  aid  Articles  cf  ths  Kir  as  ez  ill  government  f  hey 
 
 concluded:  THAT  SUCH  A  MAN  WAS  NOT  WORTHY  TO  BE  A  KING, 
 
 NOR.  TO  WE  ARE  A  CROWNE  ROY  ALL.    ^And  therefore  they  all  agreed^ 
 
 that 
 
are  the  Soveraigtte  Power.  79 
 
 that  Ldwird  his  tide  ft  fame  ,  who  was  there  prefent ,  and  was  rigkcfkH  heire9  ftj'tfld  be 
 crawled  King  in  (lead  of  his  Father  ^  SO  THAT  HE  WOULD  TAKE  ABOUT 
 HIM  S  A  GE,  TRUE,  AND  GOOD  C  OUNCE  LL,  and  that  from  the ncefntb 
 the  Realm  might  be  better  governed  then  before  it  had  leer..  And  it  was  alfo  agreed jhat  the 
 eld  ietng  his  father Jhould  b.  wt  ft  and  hone  ft  ly  hft  as  long  us  he  lived^ac  cor  ding  to  his  eft  ate, 
 All  thete  chingi  concluded,  they  ELECTED  his  Ton  Edward  King  in  the  great 
 hall  at  fVefimiwfter^mththe  UNI  VERS  ALL  CONSENT  OF  THE  I'EO- 
 P  L  E-  T  H  E  R  E  P  R  E  S  E  N  T  j  and  the  Archb.  of  Canted  (fry  thereupon  makes  there 
 a  Sermon  on  this  Text,Vox  populi^vox  Z)W:exhorting  the  people,fo  invoke  the  king  of 
 
 ■  for  him  they  hadth'n  cho  en.  It  was  further  ordered  and  agreed,  that  durin 
 Parliament  time,a  folernne  Meflage  mould  be  fent  to  the  King  to  Kenelworth  Caitle, 
 (where  he  was  kept  prifoner)  to  declare  unto  hirn  not  only  the  determination  of  the 
 threcelhtes  concerning  HIS  DEPOSING  FROM  THE  KINGDOME,  but 
 alio  to  refigne  unto  him  IN  THE  NAME  OF  THE  WHOLE  REALME  ,  all 
 their  homage  that  before  time  they  had  done  him:  and  to  doc  this  mefTagc  there 
 was  certaine  (elc&  perfons  chofen  by  the  Parliament,  namely,  the  Bimops  of  JVin- 
 cheftcr^  Hereford^  and  Lincoln^  two  Earles^  two  Abbot sffoure  Ttarons^  two  Iufticesjhrec 
 k»tghts  for  every  County ,   and  for  London  f  the  Cinejueports ,  and  other  Cities  and 
 Burroughes,  a  certaine  chefen  number^  with  the  Speaker  of  the  ^Parliament ,whofe  name 
 vi*%S\xWiUiamTruffell  1  who  comming  into  the  Kings  prefence  told  him,  That 
 the  Commen-weale  bad  received fo  irreconcileable  diflikes  of  his  government ,  the  parti- 
 culars whereof  had  been  opened  in  the  Afftmbly  at  London,  that  it  was  refolved never  to 
 indure  him  as  King  any  longer  .That  not wit hft audi 'ngjhofe  difkes  had  not  extendi  dthenu 
 fchcsfofirre^as  for  hu  fake  to  exclude  his  ijfue^but  that  with  univerfali  applaufe  andjoy^ 
 THE   COMMON-WE  ALE   HAD  IN    PARLIAMENT    ELECTED  HIS 
 ELDEST  SONNE,  THE  LORD   EDWARD  FORKING.    That  it  nouldbe 
 *  very  acceptable  thing  to  Goti,  willingly  to  give  over  an  earthly  kjngdomefor  the  com- 
 men  good  and  quiet  of  ^w  CnU*tYJ*  which  they  faid  could  not  otherwije  be  fecvrel.Thzt 
 yet  his  honour  fleuld  be  noleffe  after  his  reftgvationthtn  before  it  was  ;   oneh  him  the 
 ■:jmveale  wjuli  n.vtr  jttjf.r  toraigne  any  longer.  They  finally  told  himj'hat  nn~ 
 Ie(fe  h:  did  of  himfelfe  renounce  his  frowne  and  Scepter,  the  people  would  neither  endure 
 him%  nor  any  of  his  children  u  their  Soveraigne  5  but  difclaimin^  all  homage  and  fealty 
 -would i  Icli  fome  cth,  r  for  kingy  who  fieuld  not  be  of  the  blood.     This  metTage  Urucke 
 fuch  a  chilnefle  into  the  King,  that  he  fell  groveling  to  the  earth  in  a  fwouo;  which 
 the  E  rle  oiLdcefter  and  Bitoop  of  m.ichefter  beholding,  run  unto  him ,  and  with 
 touch  labour  recovered  the  haife  dead  King,  fetting  him  on  hisfeet:  who  being 
 come  to  himfelfe,  thcBifhopof  Hereford  running  over  the  former  poincr,  conclude?, 
 laying,  as  in  rheperfonot  the  Commonwealth,  T hat  the  ki*<z  mufi  reftgnehuDU- 
 me  •  or,  after  the  refufall,  fuffer  THEMTO  ELECTSUCHA 
 PERSON  AS  THEMSELVES  SHOULD  JUDGE  TO  BE  MOST  FIT  AND 
 ABLE  TO  DEFEND  THE  KINGDOME.    The  dolorous  King  having  heard 
 this  lpeech.  brake  forth  into  fighes  and  teare^fc  made  at  the  lafl  this  anfwer.  to  this 
 etTeci,  That  he  knew,  that  for  his  many  finnes  he  was  fallen  into  this  calamity  and  there- 
 fore had  the  lejfe  catife  to  taks  ^  grievouftj.     That  he  much  forr  owed  for  this  \    that  the 
 feepleof  the  kingdome  were  fo  exafperated  againft  hlm^  as  that  they  fhottl*  utterly  abhor 
 his  any  longer  rule  and  f over  aignty  :  and  therefore  he  be  fought  all  tha>  were  ther>>  ere  fent 
 to  forgive  andfpare  him  being  fo  afjlilhd.     That  nez  erth  lejfe  it  was  grra<h  u  kh 
 lood  pleafure  and  liking,  (  feeing  it  could  none  other  be  in  hi:  (  h*4  I.  u  L  ft 
 
 H  2 
 
8o  That  the  Parliament  and  Kingdome 
 
 vpm  jo  gracious  in  tbeir  fight,  and  therefore  be  gave  them  thanks  fer  chufing  him  tbtir 
 King  This  being  faidD  then  was  a  proceeding  co  the  (bore  Ceremonies  oi  his  re* 
 fixation,  which  principally  confifted  in  the  furrender  oi  bis  Diadem  and  En« 
 fignes  of  Majefiy  to  theufe  of  his  Sonne  the  new  King.  Thereupon  Sir  William 
 Trujftll  the  Speaker,  ON  THE  BEHALFE  OF  THE  WHOLE  REALM, 
 renounced  all  homage  and  allegiance  to  the  laid  FJwardof  Carnarzan,  late  King,  in 
 thefe  words  following,  I  William  Twtfell,  IN  THE  NAME  OP  ALL  MEN 
 OF  THIS  LAND  OF  ENGLAND,  AND  OF  ALL  THE  PARLJA- 
 MENT  PROCURATOR,  refigne  to  thee  Edward  the  homage  that  was  Jotnetimes 
 made  unto  thee,  and  from  this  time  now  forward  1  defie  thce^  AND  DEPRIUE  THEE 
 OF  ALL  ROYAL  L  POWER,  I  pall  never  be  attendant  to  thee  as  King  after 
 this  time.  After  which  King  Ed&ard  the  third  being  folemnly  crowned,  proclai- 
 med his  peace  to  all  his  people  in  thefe  words  : 
 
 'Edward  by  the  grace  of  Cjod,  King  of  England,  Lord  of  Ireland,  and  Duke  of 
 c  Aqut^ne,  to  N*  N .  our  Shertffe  of$.  greeting  ;  Becaufe  the  Lord  Edward  our  Father^ 
 
 '  late  King  of  E^hnd,  by  THE  COMMON  COUNSELL  AND  AS- 
 CSENT  OF  THE  PRELATES,  EARLS,  BARONS,  AND  O- 
 <THER  THE  CHIEFE  MEN  AND  WHOLE  COMMON- 
 c  ALilE  OF  THE  KINGDOM,^  voluntarily  remove  himfelfe  from  the 
 government  thereof  $  willing  and  granting  that  Wey  as  his  etteft  Sonne  and  Heire,  Jhould 
 take  upon  us  the  rule  and  regiment  of  the  fame  :  and  we%  with  the  counfell  of  the  Trelates9 
 Earls,  anAHarons  jfrreftid,  ye  elding  therein  to  Gur  Fathers  good  pleafure  and  will, 
 have  tak^nufon  Vs  the  Governanee  of  the  J aid Kingdome \  and  as  the  manner  is^  have  re** 
 ceivedthir  Fealties  and  Homages  of  the  faid Prelates  andrFeeres*  We  therefore  defirsm 
 that  Our  pe ace  for  the  quiet  and  calme  of  Our  people  Jhould  be  inviolably  obferved}do  wiH 
 and command  yen.  thatfrefently  upon  fight  of thefe  pre fents^  yon  caufe  Our  Peace  to  be 
 proclaimed  throughout  your  Bayli-0ic\,  forbiiding  aH  and  every  one  on  Our  behalf e^  un» 
 derpaine  and  per  ill  of  difinheriiance,  andlojfe  of  life  and limbs ',  not  to  pre  fume  to  violate 
 or  infringe  Our  faid  Teace,  but  that  every  one  purfue  or fallow  his  A  tit ws  and  Com- 
 plaints without  any  manner  of  outrage^  according  to  the  Laws  and  Cfsftoms  of  Our  King* 
 dome :  for  We  are  ready  and  alway  e  swill  be  >  to  adminiflerfull  right  to  all  and  fmgular 
 .   .  complaint s,  as  well  of  poor  e  as  rich^in  Oar  (fourts  of  Iuftice* 
 
 hift?A-fih  to8.  ^he  &conc^  *P»*efident  is5  thae  of  King  Richard the  fecond,who  being  taken  pri- 
 39J.  400. r^-#  foner  by  Henry  Daks  of  Lamafterb  An.  13pp.  the  Duke  foone  after9  on  the  thir- 
 Jigrndp  n6.  teenth  of  September  called  a  Parliament  in  the  Kings  Name,  wherein  was  declared^ 
 Halls  Chron.i'  \}{}W  unprofitable  Kinv  Kiehard  had  been  to  the  Redme  during  his  r  eigne  ^  how  he  fub- 
 H-4;  '^  to  9.  verte(l  tlje  Lawes*  pilled  the  people,  minifired  luflice  to  no  man^  but  to  fueh  as  pleafed 
 M&ti'lli.  kirn.  And  to  the  intent  the  Commons  might  be  perfwadedj  that  he  was  an  unjuft 
 Grafton  p.  400.  and  unprofitable  Prince,  and  a  Tyrant  over  his  Subjects,  and  THEREFORE 
 to  407.  WORTHY    TQ.B'E    DEPOSED;  there  were  fet  forth  certaine  Articles 
 
 speed  p  7*7*  (to  the  number  of  32.  or  38.  as  fo  me  record)  vgjy  hainous  to  the  eares  ot  many: 
 tII'm  \ '76°'to  ^ome  wnerC(?f  *  nave  *  formerly  rcciteds  and  the  refidue  you  may  read  in  HtU.Grif* 
 50.  tonr  Haywsod,  Trvjfell,  and  others.    After  which  Richard  was  charged  wi:h  the 
 
 Holr,if&ed,Stow,  forefaid  Articles,  there  was  aninftrument  madedeclarmg  his  Aniwers,  and  how 
 He} mod, mk  he  confeuted  willingly  to  be  depofed ;  the  Tenor  of  which  initrtrrtent  was  as  tol- 
 *A8swdM<in  i°wcth-  'This  preientlnitrumcnt  made  the  Munday  the 29.  day  of  September^nd 
 -uh.ip.in'  c  ^ea^  °^  Saint  Michael^  in  the  yeere  of  our  Lord  God,  1389*  and  the  23.  yeere  of 
 *  Here  1  zp.^cx  *  King  Richard  the  fecondD  witneirech  that  where  by  the  Authority  of  the  lords 
 
 ;  Spiritual! 
 
 0 
 
art  the  Soveraigne  Power. 
 
 c  Spiritualland  Temporal!  ot  this  prefent  Parliament,  and  Cm.moniof  the  fame, 
 c  the  right  honourable,  and  difcreet  perfons  hereunder  named,  were  by  the  laid 
 'Authority  aftgned  to  goe  unto  the  Tower  of  Lcndon%  there  to  heare  and  teftifie 
 Tuch  Qarrtiousand  Anlwers  as  then  and  there  (hould  be  by  the  (aid  honourable 
 1  anddilcreet  perfons  heard.  Know  all  men  to  whom  theie  prefent  Letters  mall 
 'come,  Th.it  we.  Sir  Richard  Scroop  Arcbbifjop  of  Tor^  lohn  Bifljop  of  Hereford* 
 c  Henry  Sarle  of  North  w  WW,  Ralfe  E.rleofWeflmerland^  Thomas  Lord  of B 
 
 ■  fy,  William  *Abbot  ofWeftmwfler,  John  l>rior  of  Canterbury,  William  ?  ,  and 
 
 rb  Burntll Knight?,  and  lohn  tMarkbam  JnfHce,  Thomas  Stowe,  and  J 
 8  £«£<•  D  j&ots  of  theLawcivill,  Thomas  Ferely  and  Denis  Lopham  N  taries  pub- 
 clike,thc  day  and  veer  abovefaid,betweenc  the  houres  of  eight  and  nine  of  the  clock 
 '  before  noone,  were  prefentin  the  chiefe  Chamber  of  the  Kings  lodging  within 
 'the  i  It  i  d  place  or  the  Tower,  where  was  rehear  (ed  to  the  King  by  the  mouth  of  the 
 'forefaid  F.'fNorthumb.thzt  before  time  at  Conway  in  north  WaUs,the  K'Hg  being 
 
 *  there  at  hi?  pleafure  and  libexty,promifcd  unto  the  tsfrebbifbop  of  Canterbury,  then 
 %Th-mas  Arunddl,  and  unto  the  faid  E.irle  of 'Northumberland,  that  f-  ;ency 
 
 *  which  he  knew  bimfelft  t»  be  cf  to  occupie  fo  great  a  charge  as  to  gov  erne  this  Realm  of 
 1 Englani,  he  would  gladly  leave  off,  and  renounce  the  right  and  title,  as  well  of  that,  as  of 
 'hit  title  to  the  Crowne  of  France^  and  his  May fiie,  unto  Henry  Duke  of  Hertford  • 
 
 *  and  that  to  doe  in  fuch  convenient  wife  as  by  the  learned men  of  this  LAnd.it  fljould  mofi 
 tfttfiicuntly  be  by  them  devifed  and  ordained.  To  the  which  rehearfall  the  King  in  our 
 5  iaii  pretences  anfwered  benignly  and  faid,  That  fuch  promife  he  made,  and  Jo  to  the 
 c  fame  he  was  at  that  houre  infullprsrpofc  to  perform  and  fulfill,  fazing  that  le  de fired  firft 
 c  to  have  perfonaH  fpeech  with  the  faid  Duke,  and  with  the  Arcbbijhop  of  Canterbury  fH4 
 
 *  Concern :  And  further  more,  he  de  fired  to  have  a  Bill  drawn  of  the  faid  Refi<rnation3  that 
 %htmight  be  made  pcrfeB  in  the  rebearfatl  thereof  After  which  Copy  by  me  the  faid 
 *l;4r/«deliveredrwe  the  faid  Lords  and  orKcrs  departed.  And  upon  the  fame  afrer- 
 
 *  noone  the  King  defired  much  of  the  comming  of  the  T^ul^  of  Lancafter,  at  the  Iaft 
 
 ■  the  laid  Dnk\  with  the  Arcbbifiop  of  Canterbury,  entred  the  forefaid  Chamber, 
 '  bringing  with  thcin  the  Lord  Ros^the  Lord  Burgeimy  &  the  Lord  JVilloughLie  with 
 'divers  others:  where  atter  due  obey  fance  dene  by  them  unto  the  King,  hefami- 
 -  liarly  and  with  a  glad  countenance  to  us  appearing. talked  with  the  faid  Arcbbifhop 
 1  and  T)uke  a  good  feafon:  And  that  Communication  tinimed,tbe  King  with  a  glad 
 
 *  countenance  in  prefence  ot  us,and  the  other  above  reheat  fed,  faid  openly,  That  he 
 1  was  ready  to  renounce  andrefigncallh*  King/y  Mayeftle  in  manner  and  forme  as  he  be- 
 '  fere  feafons  had  promijed:  Anda\thou<>>  ciently  have  declare  a 
 
 €  renouncement  by  the  reading  of  another  meane  perfen,  yet  he  for  t  he  *norc  furety  of  the 
 
 *  matter^  and  far  the  faid  refiq  nation  (hould  have  his  full  force  andfirtngtht  he  therefore 
 1  read  the  Scroll  of  resignation  himfelfe  in  manrer  and  f or  me  ai  follow  eth*  In  the  Name  of 
 €  God,  zAmen.  I  Richard  by  the  greet  wf  Gnd,  Kin?  of  Engtami  and  of  France^  and 
 '  Lord  of  Ireland^  acauit  andaffoile  all  Arcbbifhops^  Bifljeps^  and  other  Prelate*  fccular 
 € or religious ',  of  what  dignity,  degree^  flate,   or  fnmitm  that  thiy  be  of*  andai 
 
 *  Dukes^Mar  queues,  Earles,  Bar  Otis  ^  Lrrds,.i>.d  allmt>;e  other  Itrge  men  both fpirituall 
 €  andfecular^  of  what  manner  of  name  or  dtgree  they  bs.jrcm  their  Oath  of  fealty  a>idho- 
 1  m><  ve^and  ari  other  Dftds  and'Triviledgrs  made  nntt  *<"-,  and  fmm  ail  manntr  of 'I 
 
 c  ofAllegeance  and  Regality  or  Lordpoip^  n  the  which  the  I  s  bound  to  m: 
 
 *  otberwife  confirained^andibn-:  thei  r  hc-ires  and  f/scceffoM  I  trmorc  from  tkc  fame 
 J  Bwdj  and  Oathslrele^e^  d:liver5  acquit,  anila  them  for  ever  befrees  dijfoheu 
 
 H3  V; 
 
82  That  the  Parliament  and  Kingdome 
 
 c  acquit,  and  to  be  harmlcffeforfo  much  as  belongeth  to  my  perfonfby  any  manner  way  or   • 
 Q  title  of  right  that  to  me  might  follow  of  the  fore  fold  things  or  any  of  them  :   And  alfo  I 
 lrfi?neatl  my  Kingly  Dignity^Majefty,  and  (frowne,  with  all  the  Lord/hip  rt  Power^ 
 c  and  Privileges  to  the  fore [aid  KinglyT)tgnity  and  (frown  belongingjind  all  other  Lord-' 
 
 I  flnpi  and  Tofcjfions  to  me  in  any  manner  of  wife  pertaining^  what  name  or  condition  they 
 cbe  of  out  take  the  Lands  andPoffffionsfor  me  and  mine  obite  pur chafed  and  bouqht.  And 
 
 I I  renounce  all  right  and  colour  of  right,  and  all  manner  of  title  ofpoffejfion  andfLordfbip 
 
 *  which  lever  had  or  have  in  the  fame  Lord/hips  andpaffeffions,  or  any  of  them^or  to  them^ 
 c  with  any  manner  of  rights  belonging  or  appertaining  unto  any  part  of  them:  And  alfo  the 
 6  rule  and  governance  of  the  fame  Kingdom*  and  LordflAps^  with  all  minift  rat  ions  of  the 
 
 *  fame,  and  alt things ,and  every  ofthmjhatfo  the  whole  Empire  and  IurifditlionS  of  the 
 
 *  fame  belongeth  of  right,  or  in  any  wife  may  belong  :  And  alfo  I  renounce  the  namejHor- 
 *Jhip,  and regality .  and  kingly  highn  tfe,  cherly,freely,fmgularly%  and  wholly  in  the  mofl 
 
 beft  manner  and  forme  that  I  may  y  and  with  deed  and  word  1  leave  off and refi 'gne  them ', 
 
 *  and  go  from  them  for  evr>moreJ'aving  alway  to  my  fucceffors  Kings  of  Engl and,all  the 
 c  Riqhts>cTriviledges  and  appurtenances  to  the  faid  Kingd«me  and  Lordfhips  abovefaid 
 1  belonging  and  appertaining  :  For  well  Iwote  and  acknowledge, and  deem  my  felfe  to  be 
 c  and  have  bin  unfufficient  and unable,  and  alfo  unprofitable,  and  for  mine  open  d'ferts  not 
 '  unworthy  to  be  pit  down :  Andlrweare  upGn  the  holy  Evangelifts  here  prefent  ly  with 
 '  my  hands  touched*  that  I  (ball  never  repugne  to  this  refgnation9  dimiffion^  or  yeelding 
 *up,  nor never  impugne  them  in  any  manner  by  word  or  by  deed,  by  my  felfe,  nor  by  none 
 c  ether  ;  nor  1 fhall  not  fuffer  it  to  be  impugned  in  as  much  06  in  me  is,  privily  nor  apart : 
 c  but  I  Shall  have,  hold,  and  keep  this  renouncing,  dimijfion,  and  leaving  up  for  firme  and 
 
 *  ft  able  fer  evermore  in  all  and  in  every  part  thereof \fo  God me  helpe  and  alt  Saints,  a*d 
 
 *  by  this  holy  Evangdift  by  me  bodily  touched  and  kiffed:  And  for  more  record  cf  the 
 €fame,  here  openly  1 fubferibe  and  fgne  this  prefent  Refignation  with  mine  owne  hand. 
 
 *  And  forthwith  in  eur  pretences,  and  other,  fubferibed  the  fame,  and  after  dc  iver- 
 «ed  it  to  the  Archbifhopof  (Canterbury,  faying,  That  if  it  were  in  his  power ,  or  at 
 c  his  affigrment,  he  would  that  the  Duke  of  Lanc<fter  there  prefent  Jbould  be  Succt  (four 
 '  and  King  after  him.  And  in  token  thereof,  he  took  a  Ring  of  gold  from  his  firger, 
 
 *  being  rns  Signet,  and  put  it  upon  the  faid  Duk?s  ringer,  defiring  and  requiring  the 
 c  Archbiftiop  of  2V%,co  (hew  and  make  report  unto  the  L  ords  of  the  Paihament  of 
 
 *  his  voluntary  Refignation;,  and  alfo  of  his  intent  and  gocd  minde  that  he  bare 
 
 *  toward  his  Coufin  tie  Duke  of  Lancaster ,to  have  him  his  SuccefTour  and  King  after 
 c  him.  Andthis  done,  every  man  took  their  leave,  and  returned  to  their  own. 
 
 c  Upon  the  men  ow  following,  being  Tuefday,  and  the  laft  day  of  September, 
 c  all  the  Lords  Spiritual]  and  Temporal],  wich  alio  the  Commons  of  the  iaid  Par- 
 c  liamenr,  aflembied  at  Weftminfter,  where,  in  the  prefer.ee  of  them,  the  Archbifkop 
 c  of  York?,  according  to  the  Kings  deilre,  (hewed  unto  them  ferioufly  the  voluntary 
 '  Renouncing  of  the  King,  with  alfo  the  favour  which  he  ought  unto  his  Couun 
 Qx\\t<Dukeof  Lancafter  for  to  have  him  his  Succeflbur :  And  over  that  fhewed 
 c  unto  them  the  Sctdule  or  Bill  of  Renouncement,  figned  with  King  Richards  hand. 
 
 *  After  which  things  is  order  by  him  finifhed,  the  queftion  was  asked  firft  of  the 
 
 *  Lor  df  j  If  they  would  admit  andalUw  that  Renouncement  ?  The  which  when  it  was  of 
 €  the  Lords  granted  and  confirmed,  the  like  queftion  was  asked  of  the  Commons, 
 '  and  of  them  in  like  manner  affirmed .  After  which  admidion  it  was  then  decla- 
 
 *  red.  That  notwithflanding  the  fore  faid  renouncing  fo  by  the  Lords  and  Commons  ad" 
 c  m  ttcd,  it  w:re  necdj Hill unto  the  Realme^  in  avoiding  of  all  fufpicions  and  furmifes  of 
 
 Uvill 
 
arc  the  Soveraigne  Povrcr. 
 
 '  evill difpofcdperfom,  to  Iiavc  in  writing  aidregiflred  the  manifold  crimes  and  defaults 
 
 *  before  done  by  t  be  faid  Richard  Lite  King  ofEnglind,  to  the  end  i  rjt 
 c  openly  JbcweJto  the people ,  and  after  to  remain  of  Record  Among  the  Kings  Rcordj. 
 cThe  whidi  were  drawn  and  compiled,  as  before  is  faid,  id  38.  Aricies,  ami  there 
 
 5  (hewed  re  id  ie  to  be  read:  buc  for  other  canfes  then  more  need  full  to  be  prefer- 
 1 red,  the  reading  of  the  (aid  Articles  at  that  feafon  were  deferred  and  put  off- 
 ;  Then  forfo  nnch  as  the  Lords  ot  the  Parlijmcnt  had  well  confidered  this  volunta- 
 c  ry  Renouncement  of  King  Richard,anA  that  it  wjs  behovclnll  and  necelTary  foe  the 
 
 6  Wtile  of  the  Realme  to  proceed  unto  the  fentznecofhu  depofaU,  they  there  appoint- 
 
 *  ed  by  Authority  of  the  Stjti  s  of  the  faid  Parliament,  the  Bilhop  of  Saint  Afje}  the  Abbot 
 
 *  ofGlafitnhury,  the  Earle  of  Glocefier,  the  Lord  ofBarfyy,  William  Thyrnbtg  Juftice, 
 c  and  7  bomasErpingham  andTbomas  Gray  Knights,  that  they  ihould  £ive  and  bcare 
 
 *  open  femence  to  the  Kings  depolition  :  whereupon  the  fait  Commiftoneri  iay* 
 '  ing  there  their  heads  together,  by  good  deliberation,  good  tow  fell  and  advfement,  and 
 'of one  ajfent  agreed among  them ,  that  the  B;(hop  of  Saint  Affc  (hould  pnblifh  thefen- 
 ctence  tor  them3  and  in  tneir  names,  as  follower h.    In  the  Name  of  God,  Amen.  Wc 
 '  John  Bifwp  of  Saint  Affe  or  A 'fen mce,  John  Abbot  oj  Glafledury,  Richard  Ea,l:  of 
 '  Glocefler,  Thomas  L  rd  of  Barley,  William  Thyroing  J*flke9  Thomas  Erping- 
 c  h  im  and  Thomas  Gray  Knights  3  cbofen  and  deputed  fpeciall  Commifa.ies  by  the  three 
 '  Ejl*tes  of  tbii  preftnt  Parliament,  nprcfentin^  the  whole  body  of  the  Keainte9  for  all  fiich 
 €  matters  by  tl>e  faid  Efiatcs  to  us  committed',  We  undi  r {landing,  ahdewfidering  ibe  manifold 
 c  crimes,  hurts,  and  barmes  done  by  Ridiar d  King  ot  England,  and  mi fo.cr  nance  of 'tbo 
 €  fame  by  a  long  time,  to  the  great  decay  of  the  (aid  Lwd,  and  utter  rinne  of  the  (amefiortm 
 •  Ij  to  have  be-m,  ?ie  had  the  fpeciall  grace  of  our  Lor  a  Gvd  tbti  eunto  pui  we  fooner  rerr.edie 
 
 c  and  alfo  furthermore  adverting  the  faid  Kwg  Kichard*  In  wing  bis  own  injufficiencyt  hath 
 
 mLn* 
 hit 
 
 •SED  OF  ALL  KINGLY  MAJESTY  AND  ESTATE  KOY 
 'ALL,  We,  tbe  Premises  well  confi during*  bjgood  and  diluent  deliberation,  by  the 
 •POWER,  NAME,  AND  AUIHORITIE  TO  US  AS  A- 
 «BOUE  IS  SAID  COMMITTED,  PRONOUNCE,  DIS- 
 'CERNE,  AND  DECLARE  the  fame  King  Richard  befre  tin  to  bsvt 
 1  Icer-e,  and  to  be  Unprofitable,  unable,  Hflfuffichnt,  and  umPortbj  to  the  rule  and  govern- 
 c  ance  of  tbe  foresaid  Re  dms^  Lorifhips,  and  all  ether  Appurtenances  t9  the  lame  iebngmo  • 
 cand  FOR  THE  SAME  CAUSES  VVB  DEPRIUE  HIM  OF  ALL  KING- 
 •lY  DIGNITIE  AND  WORSHIP,  AND  OF  ANY  KING- 
 CLY  WORSHIP  IN  HIMSELFE.  AND  WE  DEPOSE  HIM  BY 
 'OUR  SENTENCE  DEFTNITIUE,  fotbedptg  expn/ly  to  all  At  cbbijbefa  Bt- 
 '  [bops,  anaa'd  other  Prelates,  Dukes,  Maryiefes,  Earle j  and  Knights,  and  to  all 
 
 '  men  of  tbe  aforef aid  Kingdom  and  Lordfbips  <  or  of  ot  er  pLces  beUng**f\to  the  fame 
 '  *\ealme  sand  Lor  dfhip,  Subjetts  and Lieges  wh*tfiev<r  the)  bey  that  nine  f  them  from 
 tins  time  forward,  tot  he  forcfajd  Tabard*  Kingdud  Lord  of  tbe  fireja'td,  Retimes  *nd 
 Lordjhips:  be  m  it  her  obedient  nor  attendant. 
 
 'Acer  which  femence  th*s  openly  declared;  the  faid  Eftates  admitted  forthwith 
 the  ismeperfons  for  thai.  Procurators*  roreflgne  and  yetLi  ting^fcrrj 
 
 all  their  homage  and  fealt}  wl  leh  they  have  made  and  ought  unto  himbefore 
 times,  and  for  to  fliew  unto  him,  it  n^ed  w*e5  all  thiogs  before  done  that  concern- 
 
 Kedl 
 
That  the  Parliament  andKingciome 
 
 c  ed  his  depofing.  The  which  resignation  at  that  time  was  ipared,and  put  in  refpite 
 cdli  the  morrow  next  following:  And  anon,  as  thh  fentence  was  in  this  wife 
 Bed,  and  that  by  reafon  thereof  the  Realme  (food  void  without  Head  or  Go- 
 &  vernour  tor  the  time.,  the  (aid  Uuh  rf  Lanc^ftir  tiling  from  the  place  where  he  be- 
 More  late,  and  (landing  where  all  rtfight  behold  him,~he  meekly  making  the  (igne 
 *  of  the  Crcile  upon  his  forehead  and  upon  his  breatt3  after  filcnce  by  an  Officer  was 
 'commanded,  Lid  unto  the  people  there  being,  thefe  words  following:  In  the  name 
 Hf  the  Father,  Sonne,  andbo'j  Gbofl*  1  Henry  of Lane. i for  claims  the  Realme  ofE*%- 
 nd  and  the  Cr°nne,  with  all  the  appurtenances^  as  1  that  am  defended  by  right  line  ef 
 'the  blood,  camming  j r omth  t  gi,(>d  Lord  King  Hxnry  the  third,   and  through  the  right  that 
 c<G*dtfhU  grace  hath  jent  to  me>  xvnh  the  helpe  of  my  htrme  and  of  my  jriends  to  reco* 
 c  zer  the  Jame,  n>bicb  was  m  point  to  be  undone  for  default  of  good  Governance  and  due 
 *  Jufiice* 
 
 '  After  which  words  thus  by  him  tnteredjie  returned  &  fet  him  down  in  the  place 
 '  where  he  before  had  (men.  Then  the  Lords  perceiving  and  hearing  this  claim  thus 
 c  made  by  this  noble  man,  either  of  them  trained  of  other  what  he  thought;  and 
 c  afteradiftanceor  paufe  of  time,  the  Archhifhop  of  Canterbury  havmg  notice  of 
 ethe  Lords  mindc^  flood  up  and  asked  the  Commons  if  they  would  ASSENT  TO 
 fTHE  LORDS,  WHICH  in  their  mindes  thought  the  chime  by  the  Duke  more  to 
 <BE  RIGHTFULL  AND  NECESSARY  FOR  THE  WE  ALTH  o/ffe 
 c  Realm,andof  them  all.  Whereunto  they  cryed  whh  one  vokt  ,YcA,  Yea,  YEA  After 
 c  which  anfwer,  the  faid  Archbifhap  going  to  the  T>u\e  and  fete  tag  him  up  n  his 
 eknee,  had  unto  him  a  few  words :  the  which  ended,  rie  role,  and  taking  the  Duke 
 'by  the  right  hand,  led  him  unto  the  Kings  (eat,  and  with  great  reverence  fet  him 
 'therein,  after  a  ceitaine  Kneeling  and  O.ifon  made  by  the  faid  Duke,  ee  he  were 
 *  therein  fet.  And  when  the  King  was  thus  fet  in  his  Tyrone,  to  the  great  rejoyce- 
 *ing  of  tae  people,  the  Archbipop  of  Canterbury  began  there  an  Option  or  Collati- 
 *Fdbhnpart7'  <on  *n  m2nncr  as  atcer  followed) :  *  Vir"D0minablt*r  in  populo,  i  T^gum  cap.  9+ 
 t.3Ci.j5*  "  'Thefe  be  the  words  of  the  higfi  and  raoft  nnghiy  King,  peaking  to  Samuel  his 
 353.  «  Prophet,  teaching  him  how  he  fhoujd  chufe  and  ordaine  a  Governour  of  his  peo- 
 
 cpleof  Ifraejy  when  the  faid  people  asked  of  him  a  King  to  rule  them.    And  not 
 '  without  caufe  may  thefe  words  be  faid  here  of  our  Lord  the  King  :  that  is,  For  if 
 c  they  be  inwardly  conceived,  they  (hail  give  unto  as  matter  of  contoiation  and 
 c  comfort,  when  it  is  faid  that  a  Man  (hail  have  Lordfhip  and  rule  of  the  people,and 
 c  not  a  Cbilde  j  for  God  threatneth  not  us  as  he  fometime  threatned  the  people 
 <by  Efay    3*  Efaji  Ijhall,  faith  our  Lardy  give  children  to  he  tltfir  Rulers  and  Princes 
 <  and  rreakt  or  jearjitUpidlhave  dominion  over  them.  But  of  his  great  mercy  hee  hath 
 *  viiited  us,  I  trait  his  peculiar  peopie,and  lent  us  a  Man  to  have  the  rule  ever  rs:r,nd 
 c  put  by  C  ->iidrtn,  that  before  time  ruled  this  land  after  childifh  conditions,  as  by 
 'the  works  of  them  it  hath  right  lately  appeared;to  the  great  diflurbanceoi  all  chit 
 c  Realme,  and  for  want  and  lack  of  a  man  :  For  as  faith  the  Apoitle  Paul,  in  1  Cor, 
 '  14.  When  I'M**  achilde  J  favoured  and  fp  ah*  a*  achildei  but  at  the  time  nhenl  camt 
 '  to  the  (late  of  a  man*  then  I  put  by  all  my  childifh  conditions.    The  Apoftle  faith,  he 
 'favoured  and  (pake  as  a  childe  in  whom  is  no  ftedfattneiTe  orconltancy;  for  a 
 cchilde  will  lightly  promife,  and  lightly  he  wiilbreake  hispromife,  and  doe  al 
 ■  th'n?3s  that  his  appetite givech  him  unco, and  forgeteth  lightly  what  he  hath  done 
 4  By  which  reafon  it  1 olloweth,  th2t  needs  great  inconvenience  muft  fall  to  that  peri 
 ^krhiCaChildeisrulcraiidGwiver^iuroii  nor  is  h  polTiblc  for  that  Kingdod 
 
are  the  Saver aigne  rower.  3  5 
 
 ;  to  Hand  in  felicity  where  (uch  conditions  rcigne  in  the  head  and  ruler  of  the  fame. 
 6  But  now  wee  ought  all  to  rejoyce,  that  all  (uch  defaults  bee  expelled,  and  that  a 
 c  Man  and  not  a  Childe  (hall  have  Lordfhip  over  us,  to  whom  it  bclongeth  to  have 
 'a  (lire  rcine  upon  his  tongue  ,  that  he  may  be  knowne  from  a  Childe,  or  a  Man 
 '  uiing  childifh  conditions  ;  of  whom  I  trult  I  may  fay  as  the  wife  man  faith  in  his 
 \  Preverbs,  Etc  fled  be  the  m*n  that  hath  wifdonte,  and  that  aboundeth  in  prudence  :  For 
 c  that  man  that  is  ruled  by  Gpience,  mult  needs  love  and  dread  our  Lord  Cod;  and 
 
 *  whofo  lovcth  and  dreadeth  him, it  muft  consequently  follow^hat  he  muft  keep  his 
 'Commandements*  By  force  whereof  ke  (hall  minifter  true  Juftice  unto  his  Sub- 
 c  je&s,  and  do  no  wrong  nor  injury  to  any  man,  fo  that  then  (hill  follow  the  words 
 1  of  the  wife  man,  which  he  rehearled  in  Proverbs  1  o.  The  bl>  fling  ef  our  Lord  God 
 Q  Jhall  alight  upon  the  head  of  the  King,  being  ajufl  and  right  wife  man,  for  the  tongue  of 
 c  him  worketh  not  iniquity  andinjuflice,  but  the  tongue  of  the  wickea  and  finners  cover eth 
 c  iniquity :  And  who  thatworketh  or  miniftrethjafticein  due  ordcr,he  not  only  fafc 
 'guaidcthhimfclfe,  6utalfo  holdeth  the  people  in  a  furety  of  reftfulnefle,  of  the 
 
 *  which  enfueth  peace  and  plenty :  and  therefore  it  isfaidof  the  wife  King  Sdo- 
 'mor,  Scclef.  I  0.  Blejfcd  and  happy  is  that  land,  ef  which  the  King  or  Ruler  u  noble 
 '  and  wife ,  and  the  'Princes  be  blejfed  that  live  in  his  time.  As  who  would  fay.  They 
 c  may  take  example  of  him  to  rule  and  guide  their  Sub  jefts;  for  by  the  discretion 
 <of  a  noble  and  wife  man,  being  in  authority,  many  evils  are  fequeftred  and  put 
 'apart,  and  all  diflerablers  put  unto  filence;  for  the  wife  man  confidereth  well  the 
 c  great  inconveniences  which  daily  now  grow  of  it,  where  the  childe  or  infipicnc 
 cdrinkeththefweeC  and  dilicious words  unadvifedly,  and  perceiveth  not  intox- 
 ication which  they  be  mingled  or  mixt  with,  till  he  be  invirened  and  wrapped 
 'in all  danger,  as  lately  the  experience  thereof  hath  been  apparent  to  all  our 
 'fights  and  knowledges,  and  not  without  the  danger  of  all  this  Realm,  and  all 
 c  was  for  lacke  of  wildome  in  the  Ruler,  which  deemed  and  taught  as  a  childe,  gi- 
 1  ving  fentence  of  wilfuIne(Teand  not  of  reafon  ;  fo  that  while  a  childe  reigned, 
 'telfe  will  and  lult  reigned,  and  realon  with  good  confeience  was  outlawed,  with 
 '  Jultice,  ftedkrtneffe,  and  many  other  wrtues.  But  of  this  perill  and  danger  wee 
 c  be  delivered  by  the  efpecia)]  help  and  grace  of  God,  becaufehe  that  now  ruleth 
 c  is  not  a  childe,  but  perfect  in  reafon,  for  he  commeth  not  to  execute  his  owne 
 c  will,  but  his  will  that  tent  him,  that  is  co  wit,  Gods  will,  as  a  man  unto  whom 
 c  God  of  his  abundant  grace  hath  given  perfect  realon  and  difcretion  to  difcerne 
 'and  deem  as  a  perfect  man;  wherefore  of  this  man  we  (ball  not  onely  fay9  that  he 
 c  (hall  dwcllinwifdome,  but  as  a  perfect  man,  and  not  a  childe,  he  (hall  thinkeand 
 c  deem,  and  have  fuch  circumspection  with  him,  that  hee  (hall  diligently  tore* 
 '  looke  and  fee  that  Gods  will  be  done,  and  not  his  :  and  therefore  now  I  truft  the 
 -words  of  the  wife  man,  Ecclef.  10.  (hall  be  verified  in  our  King,  faying,  aAwife 
 c  and  difcreet  Judge  Jhall  now  dee  me  his  people,  and  the  dominion  or  Lordfhip  of  adifcreei 
 
 *  wife  man  Qi*ll  fiaxdjledfifi ;  whereupon  (hall  then  follow  the  fecond  verfeof  the 
 c  fame  Chapter,  faying,  Like  as  the  Head  and  S 'over aigne  is  replenijhed  with  all  fapi- 
 '  enceand  vertue  in  guiding  of  hti  people,  adminifiring  to  them  Law  with  due  and  con* 
 '  venient  Juftice,  fo  Jhall  the  Sub\eBs  be  garnified  with  awe  and  loving  dread  ,  and 
 '  bearei/nto  him, next  God,  all  honour*  truth,  and  allegiance*  So  that  then  it  may  bee 
 'concluded  with  the  refidue  of  the  forefaid\ cries,  Such  as  the  Ruler  of  the  City 
 c  is,  (uch  then  be  the  inhabitants  of  t  he  fame  :  So  that  consequently  it  followet  h, 
 *A  good  Matter  maketh  a  goud  Di  ciple:  And  likewife,  au.  evill  King  or  Rnler 
 
 I  (lull 
 
Thjt  the  Parliament  andKingdewc 
 
 c  Cr,  ii  1  ac  bis  p  tople,  and  »»e  C  tics  of  his  Kingdomc  (hall  be  lefc  defolate  and 
 c  uninhabited.  Wherefore  thu>  1  nuke  an  end,  in  (lead  of  a  childe,  wilfully  doing 
 c  hislulr  and  plealure  without  reafon,  now  (hall  a  man  be  Lord  and  Ruler,  that  is 
 c  replenmed  with  fapiencc  and  reafon,  and  (hall  governe  the  people  by  skilfull 
 6  doings,  fctcing  apart  all  wiliulneffe  and  pleasure  of  himfelfe;  fo  that  the  word 
 '  that  I  began  with,miy  be  verified  in  him,  Ecce  quia,  vir  dominabitur  in  populo^  the 
 
 *  which  our  Lord  grant,  and  that  he  may  profpercufly  reign  unto  the  pleafure  of 
 cGod,and  wealth  of  his  Real rr.  Amen, 
 
 c  The  which  Oration  being  thus  fmifhed,  and  the  people  anfwering  with  great 
 c  gladneffe.  Amen.  The  King  (landing  upon  his  feet,  (aid  unto  the  Lords  and  Com- 
 8  mons  prefent.  Sirs,  I  thanke  youy  my  Lords  Spiritual/  and  Temporally  andaH  the 
 €  States  of  this  Land,  anddoeyou  to  underftand^  that  it  is  not  my  will  that  any  man  thinly 
 
 *  that  by  the  way  of  con  que  ft  I  would  difinherit  any  man  of  his  heritage,  franc  hife>  or 
 
 *  ether  rights  that  he  sught  to  have  of  right,  nor  for  to  put  him  out  of  that  which  he  no* 
 
 *  enjoy etb6  and  hath  h  id  before  time  by  cuftome  of  good  Law  cf  this  Realm ,  except  fuch 
 
 *  private  per fons  as  have  beene  againft  the  good  purpofe  and  the  common  profit  of  the 
 tRealme.  And  this  fpeech  thus  finifhed,  all  Sheriffs  and  other  Officers  were  put  in 
 c  their  Authorities,  which  Tea  (on  for  the  time  that  the  Kings  Sea  was  void,  and  af- 
 
 *  ter  every  man  departed.  And  at  afternoon  were  Proclamations  made  in  accufto- 
 '  mary  places  of  the  City  in  the  name  of  King  Henry  the  fourth.  And  upon  the 
 €  morrow  following,  being  wednefday,  and  the  full  of  October,  the  Procurators 
 'abovenamed  went  unto  the  Tower  or  London, md  there  certified  Richard  of  the  ad- 
 'miffionofKingH^rj;  And  theforefaid  Juftice,  William  Thyrning,  in  the  name 
 c  of  the  other,  and  for  all  the  States  of  the  land,  gave  up  unto  Rjchatd  late  King^ail 
 c  homage  and  fealty  unto  him  before  time  due,  in  like  manner  and  forme  as  before  I 
 chave  (hewed  to  you  in  the  depofition  of  King  Edward  the  fecond.  And  thus 
 c  was  this  Prince  deprived  of  ail  Kingly  dignity  and  honour  by  reafon  of  his  evill 
 c  counfell,  and  fuch  unlaw  full  wayes  andmeanes  a*  he  by  his  infelencj  in  his  Realmefuft* 
 %feredtobenfed,  when  he  had  reigned  two  and  twenty  yeers,  three  moneths,  and 
 c  eight  dayes#  So  Fabian  and  others  verbatim, 
 
 Thofe  Parliaments  then  and  NationallAiTemblies,  which  have  thus  difpofed  of 
 the  Crown  and  Kings  themfelves,  andexercifed  fuch  }urifdic~tion  over  them,  muft 
 cestainly  be  above  them,  and  the  higheft  Soveraigne  power.  True  it  is,  cur  Prote- 
 ctant P^ercs,  Commons  and  Parliaments^  never  challenged  nor  extrcifed  fuch  jurifc 
 di&k>n  and  I  piefume  they  will  not  doe  k.   However,  it  is  neither  honourable  nor 
 fafe  fcr Kings,  and  ths  mod  deftrucYive  policy  their  ill  Counfellcrs  can  fuggeft 
 unto  them,  fo  farre  to  oppreffe  their  Subjecls,  or  exafperate  their  Parliaments,  as  to 
 *  See  Mat-Weft,  provoke  £  hem  to  ufethe  extremity  of  their  Soveraigne  power,  and  revive  dead  deep- 
 JefoyMonm,      ing  Prefidents  for  their  relicfe ;  The  corfideratisn  whereof  when  th(j  werefreflj,  made 
 Polycb.  tab.      fucceeding  Kings  more  juft  and  moderate  in  their  governments  ,  and  reclaimed  many 
 GrifmHolin     viti0ui,0ppre(fMg  Trinces.  as  *  Archigailo  and  others  wttneft.  We  know  what  Solomon 
 ^fje  ,  in    is      faith,  (y*)  Surely  oppr>ffionm„l^thawife  manmad;  and  if  Kings  or  their  evill  In- 
 fy)Ec-lef7.7.  ftruments  (hall  fo  far  mad  their  Subje&s  and  Parliaments  (either  by  oppreffions, 
 (l)  Ttmb.Par.  rapines,  mifgovernment,  deftroying  making warre  upon  them,  or  putting  rhem out 
 p.i6^i6<;9i6%  0f  tn€jr  protections)  as  to  make  tbem  cry  out  as  they  did  againft  King  Iohn* 
 Grdjt  f.i  1 1 .     ^  ^  Johannes  fail  us  eft  de  Rege  Tyr annus ,  imo  de  homine  in  beftUlem  prorumpens  fe- 
 BiJfxpTMw*     rit*tiw*    V*  tibijohann'' Regumnltime^  ^Anglorum  T rincipum  abominat'>d3  Nobi- 
 ftrt.  $.  p.480.    Utatis  Anglk&%&  confufo :  lieu  A>*glia  v  aft  at  a,  &  atnplm  vaftand*t&c*  Whereupon 
 
 prefemly 
 
are  the  Soveraignc  Power  - 
 
 prcCcntly  enftied  ,  a  Xolumus  hunc  regnare*  Tani  mefue  dscretum  efi^  ut  aliquempom 
 tenteminRegm  either  em  ,  per  qutmp  ffi>it  ad  p»ff  ffi  nes  priftinas  revocari ,  iredtn- 
 tes  a  nod  nulitu  Jobdum  peior ,  vcl  durior  p  Jf.t  dominari  3  &  talc  miferabile  JfatueM' 
 tes  Argumcnium* 
 
 . Fcrtunamiferrimatuta  eft, 
 
 Nam  timor  event  us  deterioris  abeft, 
 
 Cumejtie  *li  if  fundi*  $  eyuem  eligerent  h.tftafftnt,  demum  in  hoe  par  iter  tonfenferunt^t 
 Ludovicum fl.*mcPhilippi  Regis  Francorumfibi  praficerent^ffr  ipfumin  Re^ewn  Angli*. 
 fublimarent  j  Which  thej  didfo  King  Johns,  their  own  }  And  the  whole  Kingdomes  great 
 prejudice*  We  know  vehat  the  ill  advife  of  Rehoboams  rough  t  uill  CounfeUours  produced^ 
 2  Chron.  ia  And  the  King  an/wered  the  people  roughly  after  the  Advice  of  the  jomng  j^  x  Chra.1*. 
 menjaying:  My  father  made  your  y oak?  heavy,  but  I  will  ad-ie  thereto  hmj  father  cha-  &  h. 
 fiifedyou  with  whips  ^  but  Iwillchaftifeyou  with  fcorpions.  And  when  all  lfraelfaw^  that 
 the  King  wotddnot  hearken  unto  them^the  people  anfwered;hcKing(tfiou%h  fome  fay  he 
 came  to  the  Crown  by  fucccfllon)  faying^what  portion  have  we  in  David? and  we  have 
 none  inheritance  in  the  Sonne  of  fejfe  ;  every  man  to  jour  'tents  O  Ifrael :  and  now  Da- 
 vidy  fee  to  thine  owne  houfe.  So  all  IJrAelwent  to  their  Tentsy  and  tlecled  Jeroboam  for 
 their  King,  and  fell  away  from  the  houfcofDavid  to  this  day,  being  never  after  united 
 toit5but^ominuingadUiin&Kingdomefrom  ir.  This  grolTeimpolitickemaxime 
 of  ambitious  Princes,  now  to  much  cryed  up  and  prolecired :  Aut  Cafar^ut  Nul- 
 lus>  hath  utterly  unkinged  5  ruined  hundreds  of  Kings  and  Emperours,  with 
 their  families;  and  deprived  them  notoneiy  of  thfrir  (frownes  but  lives  s  asicdid 
 *^V/irhiinlelfc,  with  many  of  hisfuccefibi*,  whofetragicall  ends  mould  deter  all  ^  Sec  Plutsrdi 
 other  Princes  from  their  deltru&ive,afptring  tyrannous  couniels5couries,maximej.  Julius (\ 
 
 Wherefore  the  belt  policy  Kings  can  ufe,  to  perpetutace  their  Thrones  to  them  EumptutyZu 
 and  their  potlerity,  is  to  trearc  their  fubje&s  fo,  (a  J  as  may  win  their  hearts  aniaf-  w*st>G™P<*i 
 feU'ions,  and  not  to  ftraine  their  pretended  prerogatives  beyond  the  bounds  ut  Law ;  ^$  l?fcCl$  * 
 th  s  being  a  moft  certaine  cxpeiimenttd  rule  which(^)  Ariftotle  (the  Prince  of  poll-  fg)smect  k 
 ticians)  gives  $  T  hut  there  are  two  inteftine  caujes  moft  perilous  and  fnqrtent  of  aII  CkmenasJ.%, 
 ctbi-rsybj  which  *  Kmgdome  is  tifvallj  lo/lyand  fubverted.     The  fir  ft  xsjftbe  Nobles  and  0>)  ^olt  /.?,c. 
 peoph  dijfent  from  the  King  himfclfe.    Thefeconi%  if  Kings  will  rci^ne  tyrannically. and  XV J  ^***7* 
 ufnrpe  a  greater  dm:  nation  or  prerogative^  then  the  Lawes  of  their  Kingdom  s give  tkem^  ™  '  #//?//" 
 Then  ^c  uddesJ'cr-ly  a  k[ngdome  is  prefrved  by  contrary  remedies,  Jpecially.by  amode-  (c)D.ut.t'7  i& 
 rate  kinde  and  temper  ate  forme  of  Government.  For  by  how  much  the  m  re  moderate  the  20,  See  Ptov, 
 Kingfiallbe  ,  and  contented  wiih  [mailer  and  ftwtr  prerogatives,  by  fo  much  the  more  '^.n-c-io  *8. 
 conjlant  And lor.ger-lajling  flail  his  kjngdome  necjf  r.ly  be  $For  by  this  m-atesitre-  £.29.4.1 4,c.if. 
 cedes  f  rt  her  from  t'e  domination  ofl yr Ants ,  And  i'  ctmes  nearer  to  th"  equability  of  man* 
 tiers  and  human' ty  of  If c,  ardisleffe  envyed  by  His  faby-cls  ,   whkh  he  prove*  by  f  he 
 notaSle  fpeech  and  example  of  King  Ihcop.mpw.  And  indeed  thi.s  is  the  pri'-cipill 
 policy  which  God  himleltehath  pre(cnbedaKing,  to prclong hts dry  sin  its  King- 
 d m.^  he  and  his  children  aficr  him  ;  to  k?epe  all  the  words  of  this  Law^  A*d  t';  f  Statutes 
 to  doe  ihem*  (that  is,  togovernc  himfelfeand  his  fubicfts  onely  by  Lu, not  power) 
 to  doejufttce  and  j udgem"nt^avo\d oppreff  jn^rfr  not  to  lift  up  his  heart  abov  hts  b  •  then  j 
 asif  they  were  his  ^iifals  and  not  men,  nor  GHriltianso*  the  fame  kinde  and  quality  tAtibi  c9. 
 as  himfelte  i?.    Wherefore  I fhaliclorerp  this  with  old  Brail ens refblutf oh.  (^  )  f\o7  trr.  m 
 Foteft.  $  itaque  Rcojs,    juris  f%&  n§n  injuria,  b  X  rcere  igir  nr  <i,  bet  Fx  pot'P-an  m  [*-  Ui»ltf* 
 risficut  Deivicarius  C?  AfiniJtTtn  t-rrA  :  quit  ilia  potefta  *S  O  LI  11  S  Dei  'ft  :  po-  *  .,  a  s  1 
 tefidt  AHtem  %n\urU^  ^Diabsli  <#•  *ox  dei :  cujw  batwm  ptrftrnfccerh  A  t x7  ejus  AJ:  1 1- 
 
 I   2  Jr.r 
 
8  8  That  the  Parliament  and  Kingdomt 
 
 fter  cri(>  cttjxs  ope\  a  fecerit*  Jgitur  dttm  factt  luftiiiam,  vicantu  tft  Regis  aterni^  mi" 
 *  See  Leges  Ed-  nifier  axtem  Diaboli  dum  declinat  ad  injuria/**  *  Dieitxr  enim  Rex  a  bane  regcnd^non 
 mrdt  Confefforu  ^  regnando  :  cfuia  Rex  efl  dam  bene  regit.  Tyr  annus  dam  popnlnrnfibi  credit urn  violent  a 
 
 >slp0* 
 
 Ugent 
 
 ^atwn  fe 
 
 d/tJ.i.Tih  17.     Principem  profiteri.  liem. nihil  tarn  propriftm  efl  imperii  qnam  legibxs  vivtre  :  Bt  ma^us 
 
 w/»1*  imperio  efi  legibxs  fuhmiitere  principatum ;  &  merito  debet  retribxere  legi^cjma  Lcxtri- 
 
 bxit  ei  ;  facit  enim  Lex  quod  ipfe  fit  Rex*  item,  cumnon  femptr  oporttah  Regent  ejfit 
 
 armatxm  armis  fed kgibxs^Jdi 'feat  Rex  (apientiam  &  conCervet  jtiftitiam.  (  Ah  wh.ch 
 
 is  notably  feconded  by  Juige  Fort  ef cue,  De  Laxdibxs  Legxm  Anglla^c*  9 Vf.15. 
 
 ?p)Seef *•*.&    worthy  any  Princes  ferious  perufall :  )  And  thusdoing,nekher  he  nor  his  Pbfteri« 
 
 the  Authors      ty  nced  feare  this  Supream  prerogative  power  of  Pan  i  unencsDwhich  hath  Line  dead 
 
 there  quoted.       ancj  buryecJ  for  many  ages  5  Etpsreat  vofitum  rxbioine  tdxm* 
 
 View  of  a  fedi-  1 *'  ^  Papijts  ^  Jattribxtefjrre  more  divine  authority  and  yiveraign*  fxnfMttton 
 tious  Ball ,  and  over  Emperoxrsy  Kings t  Princes,  Kingdom's*  Subjects,  to  the  7  -p?  their  Lord  and  Gii% 
 of  the  Popes  whom  they  make  the  Supreame  Monarch  of  'tkeWor id  and  all  l^ingdomes  in  it ,  and  give 
 Supremacy.  him  greater  authority  to  fxmmon,  ratify ,  and  dijfolve  generafl  (fomceiff  then  ever  any 
 Qafjai£UiCjta.  cfoijj.'im  King  or  Emperoxr,  challenged  or  xfxrped  :  yet  thofe  who  maintaine  thefe  Pa- 
 iml.  '  radoxes  of  the  Popes  Supremacy5  confeiTe  (f)fW«a  Genet  all  Comcell  is  above  the 
 (  /  )  See  lohn  Tope ;  and  may  upon  jufi  caxfe  ( though  they  all  plead  his  Soveraignety  to  be  jure 
 mites  Iffy  jett.  diviw,  and  his  perfon  moft  facrer>?  terming  him  his  h'otin<ffe,  in  the  abftracl:  )  not 
 36*  «.  30.  34,  ottejj  convent  andcenfxre  the?  ope  for  his  mifdemeanoxrsjbm  like-wife  actually  depofe  him, 
 1  o '^Suriito  Tom.  and>  f€t  UP  anot^er  tn  ^ftead^  as  the  Councels  of  Pifa^  Conflans^  Baftly  (which  depo- 
 1&  4.  '  ted  foure  Popes,  namely,  Gregory  the  1 2.  Benedict  the  13.  lohn  the  23.  and  Exgenixs 
 
 (g)  Fox  Aft  &  the  fourth  )  the  Councell  of  Chalcedon  againft  Pope  Leo ,  the  Conncell  of  Sinuejfa 
 Monumenrs,  againft  Pope  Marcellinxs ;  the  fixth,  feventh,  and  eighth  generall  Councels  againft 
 v,{.  j.  p*t}  1.  H9noriiuy  the  Councels  of  (g)  Wormes  and  Brix'a  againft  Hildebrand,  the  Councell 
 80  q6u  °^  ^/^jfommoned  An.  1 5  il.of  purpofe  to  depole  Pope  Julius  for  bis  per  jury?expe- 
 
 (  /;  )  See  lohn  rimentally  manifeli,  and  (7-?)fundry  popifh  Writers^cknowledge.Now  the  Goun- 
 Wrhes  iVjyfeft.  cell  of^^///(as  I  (hewed  *  before)deflned5  That  the  whole  Kingdom*  or  Parliament 
 $6,n.io.p  1 01  &  hath  as  great  power  over  their  Kings ,  as  a  (fotwcdl  hath  over  the  Pope  :  Therefore  by 
 w'*4,4*'s  *?£.  Papifts  verdicts  they  are  above  the  King  in  point  of  Soveraigne  power3as  a  Councell 
 tf)Ph\M>i  1"  ^s  a^ove  c-e  Pope:  which  lohn  L^lariana^de  Rege  &  Regis  InftitJ.  i.c,$.  to  10.  profef^ 
 Ex.i2,.*8.John  ^'y  proves  at  large, 
 
 iaj4.ft)^  i*.  That  Court  which  may  lawfully  centre,  cj'ifflionjdepofe^banifb,  execute 
 i3.j,j,5>  4.  (/)  the  Kings  greatclt  Fivorite?,  Officers,  Judges,  yea  Lord  Protectors  thcmielves,  the 
 H3vdVl*73*t  n^ne^  Pcere?  of  the  realaie3  (notwithftanding  fuch  are  fai  to  be  (/)  Gods,  (^)'Or- 
 70:.  70 5,  70 5*.  dainedof  God}  Gods  Alimfiers^T'o  (I)  decree  ixdgement  by  God  to  be  the  higher  powers, 
 whhsp?ed,  w  e£r.  in  Scripture,  as  well  as  Kings*)  and  th.t  not  one^y  with,  but  againiVthe  Kings 
 fMjbed,Grafmt  goodwill  \  mnft  queftionleflebethehigheft  poiverandjurifdiftion  imhc  realme, 
 Stow  ,  Mdttbew^  cj^-e  tjic  £jng8  antj  their  Authorities  might  protect  them  againlt  its  Juftice,  Put  the 
 coTt'ahun.  Parliament  may  lawfully  cenfure.  queftion,  depoie  \  banifh  s  execute  all  or  any  of 
 (  n)  li&Ifiqfr.  thefe,  not  ouely  without,  but  againft  the  King?  confent .  witnefie  the  nro<  eedmgs  in 
 $peel,Hilin?Jh.  Parliament  ag^inff  (m)  William  Longchamp  y  B:(hop  o*"  Fly ,  Chiefe  Juftitiar.  Lord 
 FabUnjn  Edrv.  Chmcellor,  an^  Vice-roy  of  England^  in  Richard  the  firft  his  reigne,  during  his  ^b- 
 cl^ntnix*  ^encehukeHvlv  L  nd,)  from  which  offices  he  was. by  the  Peeresand  Cnmrnuns 
 u' 1 3.  depofed  for  his  mudemeanourDand  opj  Ttffionr.    (n)  Pierce  Gavcflon  and  the  two 
 
 Bxgh 
 
are  the  Soveraigne  Torrer.  89 
 
 H//f/j5^»f^/5in£^»»4r</cheiccoiicl*rcignc,okbaniIhcd  by  Parliament,  and  v:o- 
 
 Parliament,  together  with  TrffiHa*,Be/k>t*p,  and  their  fellow  Judges,  ivhomifad-  *,  7. /,„>/.,  j( 
 vlfeJ  him  n  point  of  Law:   (?)  Humphrey  Duke  of  G/ocefhr  y  prote&or  to  king  CM/  ;•/  i.c.$7 
 Hn  y  the fix t,  arretted  ot  high  Treafun  in  a  Parliament  at  Z>« 7 ,  and  there  murde-  (p)Hi/4$wr, 
 red  ;(  f)  Cardioall  fTr//?/,  that  powerfull  favourite  to  king  /Wj  the  eight,  accu-  ^/;7/;,//,' 
 fed  aim  put  from  hie  Chancellorfliip  and  other  Offices  by  the  Parliament ;  (»•)  The  h'£   ' 
 Dakc of  Oemmerfet ,  L  >rd  proteclor  to  king  £dw*rd\)\t  fixt,  accuftd  and  attainted  (q)HiU 
 of  high  Treafor  in  Parliament,  for  whkh  he  lott  his  head  j  the  great  Earle  of  Straf-  [1  tj  rtStorry 
 firlLird  Deputy  of  /r*/W, who  loft  his  head  this  Parliament  for  Trea  ton, full  fore  ffi** 
 againft  his  Mijefties  and  the  Qucenes  wills,  with  infinite  others  mentioned  in  our  ^oaX 
 ftorics  and  records  ;  Nay  Greenes  themselves  have  undergone  the  cenfurcs  of  Par-  Grajmin  UA 
 liament,    (of  which  we  have  fundry  precedents  in  (f)  king  Henry  the  eight  his  (/)  See  box, 
 rc'une)  not  onely  to  divorce,  but  lotfeot  their  very  heads ;  and  fhall  any  De-  HaIIJjh 
 linquent  then  thinketo  be  protected  by  any  powei  againft  the  pjrliaments  juftice  [inM^'^r^ 
 
 now  ?  ■  H.8.C7.  Sc  3c. 
 
 13.  Nottomention  the  Parlaments  power  and  jurifdi&io'n  even  in  reforming  h.S.c.i, 
 
 theexecflesandabufesof  the  kings  owoemeniall  fervants,and  of  the  extraordinary 
 traine and  expences  of  the  Kings  owne Court,    and  gifts;  for  which  I  findethefe 
 following  PrefidentSjwith  others ;  collected  by  Mr.Wtfflam  Noy  himfelfe,  (as  is  re- 
 ported)!^ Ma  jetties  late  Atturney  Generail3«^.  i^^in  a  Manuscript,  entituled,^  .4  R,tvlc } 
 Declaration ;&c.  patting  under  his  name.  $  Ed.^.tr.  10, 
 
 **s4nno.  3  £^.3.the  houftiould  was  reformed  by  the  petition  of  the  people.  1 1,  n,  1$, 14, 
 
 An,  1  R.2,  the  houfhold  was  brought  to  fuch  moderation  of  expeofe  as  may  be  J/*1?'!,7'/. 
 anfwerable  to  the  revenue  of  the  Crown,  in  and  by  Parliament.  mffit-  g  «  %  * 
 
 Anno*  5  &  6R.2.  the  Commons  petition  was,  that  the  excettive  number  of  the  Knulo  PgrfU- 
 Kings  nicniall  fervants  may  be  remedied,orelfe  the  realmc  would  be  utterly  undone,  vumit  An.j  &. 
 and  that  his  houfhould  might  not  exceed  the  ordinary  revenue  of  the  retime.  6^,i; 
 
 Anno  4.H4.  the  people  crave  a  reformation  of  the  Kings  houfe ;  &  Amk  7.  that  Rrtv^  TgrUm, 
 he  would  diftmfie  fume  number  of  the  retinue,  fines  irwa*now  more  charges  ble  4H.4.&11H.4 
 and  lefTc  honourable  then  his  progenitors ;  and  that  the  ancient  Ordinances  of  the. 
 houfcold,  ineafeof  the  people  mi^ht  be  kept,  and  the  Officers  of  the  houfhold 
 fwrorne  to  pit  the  Ordinances  and  Statutes  in  due  execution  ;  and  to  confider  the 
 griefes  of  his  Subjects  by  nnjuft  purveyance,  contrary  to  the  Statute,  that  hereafter 
 hemightlive  OF  HIS  OVVNE  GOODS  IN  EASE  OF  HIS  PEO-  SfiXSLi 
 PLE.    Which  theKing  willingly  doth,  as  appearcrh  by  an  Ordinance  in  Conn-  7  h.4. 
 fell  whereby  trKcrm-ge  of  the  houfhold  is  limited  to  16000.  markes.  Ibhth  F. 
 
 Anr.o  12  &  18  H  6.  the  charge  of  the  Kings  houfe  is  reduced  to  a  certainty ,  and  »":/< ,  An  •  1  z 
 Icffened  bv  petition  and  order  in  Parliament  FxIbt^L*' 
 
 Anno  j  2  £  4.  the  King  in  Parliament  promifeth  to  abate  his  hcufhold, and  here-  Ah°;rtj £.4. 
 after  to  Hve  upon  hi«  owne,  fo  letling  a  new  feme  of  his  Court,  which  is  extant  Exlibro  Ordi» 
 in  many  ha-  ds.\r>d  i-tiruled.Oidi^ations  for  the  Kings  houfe.  *  An°. 
 
 tAnno  3  £%  2.  an  Ordinance  w  s  made  for  the  Kings  houfhold  in  eaftofthc  Kings  l;lL  <• 
 people  oppt*  fled  with  purveyance,  by  reafon  of  the  greifneffe  thereof  *    and  the 
 motive  of  that  Ordinance  was,  tor5,  e  honour  of  God,  and  pr<  tit  of  hoiyChurch,  Qtt\ 
 ,and  to  the  honour  and  profit  of  the  King,  and  the  benefit  cf  his  people ,  according 
 
 TO 
 
9  o  That  the  Parliament  andRingdome 
 
 TO  RIGHT  AND  REASON,  AND  THE  OATH  WHICH 
 OUR  LORD  THE  KING  MADE  AT  THE  BEGINNING 
 ofHisRaignc. 
 
 Ex  Rot.  Fir!.        Tnus  tf  .2.  did  difcard  the  Bohemians,  Anno  10.  by  an  aft  of  Parliament    at  the 
 
 7  &  1 1  h.4  &  peoples  petition  (urcharged  by  them. 
 
 &MM  Thus  H'*  did  With  the  G*fco*lneim&  Wet/bin  like  fort,  overburdening  and  im- 
 A  7<?i*.  povcfifliing  the  King  and  Realme  with  perpecualldiits,  fo  that  in  Court  as  the  Re- 
 tt. 4,  cord  faith,there  were  no  men  almoft  of  fiibftance,  or  valiant  perfons,  as  there  ought 
 
 to  be,biat  raicals  for  the  greater  part. 
 Rotulo  ParUam.      Hencc  wa*  it9that  the  wifedomeof  former  times  forefeeing  the  mifchiefe  the 
 A°.  1 1  K.».      °Pcn  hand  of  the  Soveraigne  might  bring  the  ftate  into,made  a  Law  1 1  R  2.  that 
 A°  i    jHf  wnat*°evcr  coinmeth  to  the  King  by  judgement,  efcheat,  forfeiture,  wardftiip,  or  in 
 ^l  '4  '  '  '  any  other  waies,  (hall  not  be  given  a  way,  and  chat  the  procurer  of  any  fuch  guifc 
 
 (hall  be  punimed. 
 7  H.i.Rot.Far-      This  Law  the  Parliament  continued  7  H.  4,  untill  the  King  was  out  of  debr,  ma- 
 tiamentu  king  fruftrate  the  grants  of  thefc ,  and  ofdaining  a  penalty  of  double  value  to  every 
 
 mover  or  procurer  of  fuch  grants. 
 Rmilo  Tdrlk-       The  like  in  Anno  1 1  H.  4.  and  that  no  Petition  for  any  thing  ffiould  be  delivered 
 K27m,A°.iiH.  totheKingbutinprefenceof  theCouncell,  who  might  examine  it,  It  ft  that  the 
 4.V.293.  Kings  wants  mould  light  upon  the  Commons. 
 
 20  &  z?  H.tf.        And  to  keep  the  hand  of  H.6.  from  waftfull  giving,the  Councell  enduced  him  to 
 marked  14.       convey  to  the  Archbijhop  of  Canterbury  and  others,  all  profits  of  wards,  marriages, 
 
 reliefes.,  ef cheats  and  forfeitures,  to  defray  the  charge  of  his  houfe. 
 Ex  Rot.  Pari        It  is  one  of  the  greateft  accufations  in  Parliament  agamft  the  Duke  of  Sommcrfet 
 zS  h -6.  for  fuffering  the  King  to  give  away  the  pofleffions  and  profits  uf  the  Crown  in  man 
 
 ner  of  a  fpoile/or  fo  are  the  words  or  the  Record. 
 ExRotuIoPtr*      Andit  was  the  firft  and  chiefeft  Article  tod  pofe£.  2  for  wafting,  andbeftow- 
 timtph  1  H.4.  ing  the  Landsand  the  revenue  of  the  Crowne  upon  unwoithy  perfons ,  and  thereby 
 
 overcharging  the  Commons  with  exactions. 
 
 (t)&Utth.Earu      Nor  yet  to  mention  the  Parliaments  Soveraigne  Power  and  Jiiriffli&icnMia 
 
 y.soi,  sfyM}  making  or  proclaiming  Warre  or  Peace6  in  which  they  have  ofic  tunes  n  lonely  ad- 
 
 9$peedv?'lo      Vl^y  ^ut  °ver*wa\ed  the  King;  in  creating  the  higheft  Officers,  in  ordering  the 
 
 GrifionJi  188,  Militia  of  the  Ktngdome  by  Sea  and  Land  by  fetled  Lawes  (  ot  which  more  anon  ;) 
 
 189,140,241,   or  in  ordering  the  Coyne  and  Money  of  the  Land,  together  wirh  the  Mint,  ordefig- 
 
 azijii^x-S.   ning  how  the  Subfidies  and  Aydes  granted  by  them  to  the  King,  (hall  bedifpofed  of 
 
 T!r  f  VCSttbfi.  Co  tile  Kingdomes  ufe,  of  which  there  are  fundry  prefidentS.    All  which,  together 
 
 dies  andLRaftal  w*cn  tnc  A&s  concerning  his  T^r^?/**^,  P  addons  yCharters%Grar>ts,  and  a  11  Reve 
 
 Wane,  Truce,  we  s  Roy  allure.  (lrong(# )  evidences  of  its  Soveraigne  Authority.    Nor  yet  to  remem- 
 
 Armes,Money,  ber  that  inrallible  Argument,  to  prove  Kingdomes  greater,  and  more  valuable  then 
 
 Mint,  Mutters,  Kings;that  Kings  as  publique  fervants  to  their  Rcalmes,  ought  to  hazzard  their  lives 
 
 m^&Poun-  ^rthe'rKingdomesfafetyaud  prefer^ation  (as  many  have djne  in  warres  againft 
 
 ^!  the  Par-  enemies)  but  never  ought  the  whole  Kingdometobclolt  or  hazzarded  to  preierve 
 
 laments  cwj    the  Kings  Prerogatives  .that  of  Iohn  1 1.4849, SO.and  chap.iSi^.  being  an  undoubt- 
 
 R  monftran-    ted  rule  m  Divinity  and  Policy.  *  That  it  k  expedient  tbar  any  one  man  y  ( though  a 
 
 t;SCMiiTtaing  Kin'giyeaChriftthcKl'ng°fKin^J  fiould  die  fir  the  people  ,  that  the yphole  Nation 
 
 Oof  iJii*'on  ?e"fi  not  '■>  ratner  tnen  tlie  who3[e  Nation  die  for  him.   Triorqtte  mihi  &  potior  eym 
 
 tic.  Super      °ficH  *****  efttftol  humano  genet truant  ejuodumhominutn  dele  ^asSeneca  deienefic.l.j 
 
 £V.<aw.J7$.to  j75?.  *5.e  Afsr.fV'.j-.  2,68. legitm quod multi  alii Regejtim  cr  Rtgui^fyue  idmrtmdimiurm&>c. 
 
 Cjcnt'dif 
 
are  the  Soveraigne  Tower. 
 
 Crcntilisde  Jure  Belti.l.  i.r.  i6*.rcfolve,fiom  the  light  of  nature  and  common  rcaloii.i 
 (hall  onclyadJc  this  important  conlideration  toillulirate  this  obicured  cnuh.     Ic  »Sw  ;; 
 car^  lurdly  fame  probable,much  leffe  credible \  that  any  free  people  whatfoever  whn 
 they  voluntarily  at  firft  incorporated  themfelves  into  a  Kmgdome,  and  fit  up  an  ck«       "/ 
 drive  or  hereditary  King  over  thetn ,  would  fo  abfclutely  refigut  up  their  SovoraUm  .  v/ 
 popular  <  •  igwall  authority^  power ,  and  liberty  to  their  Kings,  their  barn  3  andfuct  <Jfors  „ . 
 for  ever  as  to  ?ive  thim an  abjolute,  irrevocable ,  uncontroulible  Supremacy  over  tkemi  p .;.,.  / 
 (uperiour  t^irreflrainable^irrejiftable  ,   or  unalterable  by  their  ownc  primitive  inherent  *^r'    "*»*  9- 
 Nationall  Soveraignety,  out  of  which  their  regall  power  w.u  derived.  For  this  had  been  w  !?' 
 to  make  the  Creator  inferiour  to  the  Creature  9  the  Parent  fubordinatc  to  the  Chili.  *£t\  j  *  ^ 
 the  Derivative  greater  then  the  Primitive  y  the  Servant  (for  Princes  are  but  their  lT]  hu'^o  Qro+ 
 Kingdomcs  publique  Minifters  )  more  potent  then  the  Mafltr ;  of  Prtemoufo  hiv^  i  Jure 
 
 made  thcmiclves  and  their  Tofterity  abfolute  Jlaves  and  vajjals  for  ever  5  and  in  (read  %ellis  /  1  c .4. 
 of  a  Principalityjnunded  only  for  their  greater  fafcty  and  immunity^  to  have  ere&ed  gea* 7*  P*  8f* 
 a  Tyranny  £0  their  perpet  nail  irremediable  Oppreffion  and  flavery  :  A  mod  brfltfth,  lot- 
 ting inconfiderate  rafh  acYion3not  once  to  be  imagined  of  any  people  5  quite  contrary 
 to  the  practice  of  the  Lacedemonians fRomans  .Germany  dragomans ,and  molt  other  Na- 
 tions, who  ftill  referved  the  Soveraigne  power  to  thernfelves,and  never  transferred  it 
 to  their  kin$8  or  E  nperours  >   who  were  ever  (iibjift  to  their  jtarifdieHonSjand  ccn- 
 fure8too,asIfoallmanifeltathrgein  the  Appendix  :  no  abfolute  Monarchy  being 
 ever  fet  up  in  the  world  but  by  direft  Tyranny  and  Conqucft ;  as  Qaffanatu  in  hia 
 (fatalogus  Gloria  Mundipars  5.  (fonfid*\.  manifefts  at  large3  not  by  the  peoples  free 
 eltcYion  and  confent?.  And  had  our  Anccftors  or  any  other  Nations,when  they  flrft 
 ere&ed  Kings., and  iotUtutcd  Kingly  government,  beendemanded  thefefew  quciti- 
 ons:  Whether  they  meant  thereby  to  transfcrre  all  their  National!  authority,powerD 
 and  priviledges  fo  farre  over  unto  their  Kings,  their  heire?,  3nd  (uccciTors  for  ever,  as 
 not  It  ill  to  referve  the  fupremeft  power  and  jurifdi&ion  to  themielves3to  dire&3ti- 
 mit,reikain  their  Princes  fupremacy  &  the  exorbitant  abufes  of  it,when  they  (hould 
 fee  jutf  c  »ufcf^r  fo  as  not  to  be  able  ever  after  to  alter  or  diminish  this  form  ofgovcrn- 
 mentupon  any  occafion  whatfoever?Or  if  their  King  (hould  turne  prodded  tyrants3  . 
 endeavouring  to  deprive  them(again(t  ail  right  and  juftice)of  their  Lives3Good&, Li- 
 bcrties3rleligioD,Lawcs;or  make  open  wanes  upon  them  to  deftroy  themAor  bring  in 
 forraigne  enemies  upon  thereto  conquer  or  fubjeS  them  to  a  forraignc  power  with- 
 out their  free  confents^that  yet  they  mould  patiently  fubmit  themfelves  to  thefe  their 
 iinnaturall>tyrannicall3de(trncViveprocee lings  without  sny  the  leaft  refiftance  of 
 them  by  necelTary  defenfive  Armes3or  calling  the  to  account  for  theie  groiTe  irregula- 
 ritiesrl  make  no  queftion  that  they  would  have  joyntly  anlwered(as  I  doubt  not  but 
 our  ParliamentSjKingdorEeSjand  all  other  Nat!cns3Were  they  a*  this  day  to  inftitute 
 their  preercfted  Principalities  and  King?,wouId  anfwer  to)thatthey  had  never  any 
 imagination  to  ere&  fuch  an  ab{olute3eternall3  unlimited,  uncontrollable,   irrefilt- 
 able  Monarchy,  and  plaine  tyranny  over  them  ;  and  that  they  ever  intended  to  re- 
 fcrve  the  abfolute originall  Soveraigne  Jurifdi&ion  in  themfelves,  asiheir  native  he- 
 reditary priviledge,which  they  never  meant  to  divert  them  (elves  of  :that  fo  by  means 
 thereof  3  if  their  Princes  (hould  degenerate  into  Tyrants,  they  might  have  a  juft 
 authority.,  power,  and  remedy  refiding  in  them,whereby  to  preiervethemfelvcs,the 
 Nation.  Kingdome ,  from  u:tcr  defolation,  mine, and  v.tiTnlage.     An  impresnab.'e 
 evidence5  that  the  whole  Kingdom  and  Parliament  representing  U,  are  the  mod  So- 
 vereign power;  and  above  the  King  him felfe,  becaufe  having  the  fupream  Jurifdi- 
 
 &icr 
 
c; 2  That  the  Parliament  and  Xingdome 
 
 ftion  in  them  at  firft,they  never  totally  transferred  it  eo  our  Kings,  but  referved  it  in 
 *lnMdch*Gol-  themielves,  which  is  likewifc  further  confirmed  by  that  notable  paffage  of*  Philo- 
 {UfiiMvw-  cheus  Archilacus  in  his  S  omnium  Viridarii,  c.  171,  Roy  all  power  is  inftituted  three 
 chidfTom*  1.      mamer  of  wayes :  Firft,  by  the  mil  andpleafure  of  the  people,  becaufe  every  people  want" 
 
 in?  a  King  of  their  own  (not  being  fubjetl  to  the  Emperou^  orfome  other  King)  MAY 
 
 BY  THE  LAW  OF  NATIONS  MAKE  THEMSELUES 
 A  KIN  G,  <p$.Dift.c.  Legitimajf  a  Koyall Principality  be  thus  inftituted,as  it  isin, 
 the  proper  pleafure  and  power  of  the  people  to  ordaine,  that  the  King  (hall  be  eithtr  Succtf- 
 five  or  Sletlnve  5  fo  it  is  in  their  pie  afure  to  ordaine,  that  Kings  fucceeding  hereditarily 
 Jhall  enjoy  their  power  due  nntothem  either  immediately  before  any  Coronationt  or  any 
 other  folemnity,  or  that  they  fhall  receive  this  power  onely  by  their  coronation  or  any  other 
 folemnity  about  hint*  T  he  reaf  on  whereof  is,  Becaufe  as  every  one  in  the  delivery  cf  the 
 gift  of  his  ownegoodt,  may  impofe  what  covenant  or  condition  hepleafethl  and  every  man 
 ts  moderator  and  difpofer  of  his  owne  eft  ate  ;  fo  in  the  voluntary  inftitutien  of  a  Kinr  and 
 Roy  all  Power  IT  IS  LAWFULL  FOR  THE  PEOPLE.  SUB- 
 MITTING THEMSELUES,  TO  PRESCRIBE  THE  KING 
 AND  HIS  SUCCESSORS  WHAT  LAW  THEY  PLEASE: 
 fo  as  it  be  not  unreafonable  and  unjuft,  W  direllly  againft  the  rights  of  a  Superiour : 
 Therefore  lawfull  to  referve  the  Soveraigne  Power  in  and  to  themfelves,  and  not  to 
 transfer  it  wholly  to  their  Kings. 
 
 14   There  is  one  cleare  Dcmonftration  yet  remaining,  to  prove  the  fupreme 
 power  of  Parliaments  above  Kings  themielves,  which  is  this :  That  the  Parliament 
 ,„    - .  r ,     is  the  higher!  Court  and  power,to  which  all  (  a*  )  Appeale  s  are  finally  u>  be  made  from 
 ^n&  Smiths    '"  a^  ot^er  Courts  and  ludges  whatfoever,  yea  from  the  Kings  own  perfonall  refolution, 
 Conation  rteultb,  *#j  or  out  of  any  other  his-  Courts :  andfucha  tr^anfeendent  Tribunallfrom  whence  there 
 li.ct'Z,  u  no  appeale  to  any  other  Qourt  or  perfon,  no  not  to  the  King  himfelfe,  but  onely  to  ano* 
 
 Hohnfads  <fe-  tyr  Parliament.  If  any  erroneous  Judgement  be  given  in  the  Kings  Bench,  Exche- 
 B'?land  °  8  quer- Chamber,  Chancery,  Court  of  Wards, or  any  other  Court  within  the  Realm, 
 p!i7t.  and  "  or  ln  the  Parliament  in  Ireland,  it  is  finally -co  be  reverfed,  or  determined  in  Parlia- 
 Chronicles  of  ment  by  a  Writ  of  (y  )  Error,  or  upm  a  Petition  or  Hill:  If  any  fentence  be  unjuft- 
 jrchvJ,p.  ii7'  Iy  given  in  any  Eccleiiaftieall  Courts,  or  before  the  Delegates,  the  final!  Appeale 
 toiso.  forredreffe  mult  be  to  the  Parliament.  Illegal!  fentences  in  the  (now  exploded 
 
 ^Mffhn.  cx*ravagant)  Courts  of  Star*  Chamber,  or  High  Commijfun ;  Injuriesdone  by  the 
 \'y) l  H«7-  King  and  his  privy  Councell  at  the  C  ounce  I  I  Table,  ateexaminable  and  remediable 
 1  Br.Pariu-  in  this  high  Court.  Nay,  if  the  King  himfelfe  mould  fit  in  perfon  in  the  Kings 
 ment.  91-98.  Beach,  or  any^other  Court  (as  fometimes  cur  Kings  have  done)  and  thercgive  any 
 Error  65,88.  juc|gement<  jc  ]s  not  f0  obligatory  or  finall,  but  that  the  party  againft  whom  Judge- 
 See  "•*/&•  Error  mentis  pronounced,  may  appeale  to  the  Parliament  for  reiiefe,  (as  Seneca  cpifi. 
 }<.66367,6S37o  ICO.  out  of  Tullj  de  Repub.  &  Feneftella,  Hugo  Grot i us  de  jure  Belli,  /.  1.  e.  4. 
 *  See  ii-  E.  f.20.p,  65.  record ;  that  among  the  Romanes  in  certain  caufes  they  might  appeale 
 3.3. Error  8.  from  rjle  Kin^  to  the  peopk.)  But  if  the  Parliament  give  any  Judgement,  There 
 8  ":ff*^xl,r|'  *can  be  no  appeale  to  any  higher  Tribunal!,  Court,  or  perfon,  no  not  to  the  King,  but 
 ca*!u  to  if.  *  or.cly  to  the  next  or  (bme  other  Parliament,  as  is  evident  by  experience,  by  all 
 1  hk«t  4-cdp.  (*•  )  Attainders  of  T'rearon,  by  or  in  Parliament,  by  all  inconvenient  and  urjuft  Alls 
 2,?,4*  paffrd iv  Parliament,  ixhich  <: one er ne  e'nhtr  King  or  SuljeB ;  which  cannot  be  reversed 
 
 $H'.n.A.iz,il.  „or  ?epeajt^  though  erroneous,  nor  the  right  heire refiored in  blood  by  any  (fharter  from 
 
 1  £//>c*tf«  1,  h  *!•  fa  c-  *8.  Anrlall  A  els  for  refLtution  in  bleed  •of  rerfons  attaimeJ,  and  Ads  of  rcpe-tlingSca- 
 
 the 
 
are  the  Saver  aigne  Tomer,  p  3 
 
 Now  this  is  an 
 infallible  Maxime,  bothiri  the  Gor:imon,CiviJI,  and  Canon  Law,  thai  The( 
 
 -  •        -,  as  the  (\f)  Kfa 
 
 Bench  is  above  the  Cornm  m  Plcas^  the  E  above  the  Kings  Bepcb,  and    ! ' .'" 
 
 ;f  above  them  all,  becaufe  a  Writ  of  I  erroneous  judge-  6'' ,' , 
 
 ments  giver.  intheOw  non  P/eac,   lyeth  in  the  Kiagj  />./;  ,!•  :  Er  f&  Kings  Bench  o,}] 
 
 .  <W l/ /./•  r i»  0 U or  cither oftbempi iy  be rtdi ejt d  (b) /; y/. ?.-,/ 1  ( . 
 ^  from, whence  there  is  no  further  appeale.    Hence  thi  \J   • 
 
 conclude,  a  [' )  G*  w  roll  I  .ibo\e  the  P<?^  the  Pope  above  the  Archbifc  £,  the 
 
 Arcbbifh  p  above  i  he  Ordinary ,  becauie  men  may  Appealefrom  the  i 
 
 bipj»p,  from  him  to  the  Pi>/>e  (but  now  with  us  to  the  Ki/Tg/  Delegates.*)  If there  be  any  /.v.  2.  <&  a 
 difference betweenc  (c)  King  ov  Subject ,  touching  any  inheritances,  Privikdgei  or  tarn 
 Prerogatives  bel  uoim  to  the  Crojtmte  it  (life*    or  any  points  of  inifgovcnimcnt ;  yea,  A''" 
 which  is  more,  it  there  be  any  iuite,  quarrcII,Or  diiicrence  bctweenc  our  rungs  m  %p      H    . 
 Act,  and  any  other  their  Competitors,  (ri)  j'>r  the  Crowne  it  felfey  which  of  them  hath  4j2.  506*24] 
 belt  title  to  it,  who  oftliemihall  enjoy  it,  and  how,  or  in  what  manner  itll.all  be  H.%t  ,-.  1% 
 fetled,   the  Lords  and  Commons  in  Parliament  are  and  ought  to  be  the  fole  and  h-  £aP*5j  '"*    ■ 
 nail  Judges  of  it.  rP™ 
 
 Not _  to  give  you  any  inftancesof  this  kinde  betweene  l\mg  and  Subjects,  whjch  vCrfics  1 
 I  have  formerly  touched  •  nor  to  relate  how  our  King  John  (c)  eond.mvedto  dc 
 
 on  differences  betweene  the  Peercs  and  King  s  ofFfan.ce  and  them,  concerning  their  Land'  and  1  6 1 .   Mud 
 
 Honoetrs  inFrance.  Or  how  King  Edward  the  third,  zndPbi/ip  of  Franc*  fubmitted  p"%  h  M4- 
 
 both  their  Titles  to  the  Kingdome  oi  France,  to  the determination  in  a  trench  Portia*  Fcx°ld .; 
 
 wciil ,  where  they  were  both  per fan  ally  pre/bit^  which  adjudged  theCrownc  to  Philip.    Nor  U)StcK 
 
 yet  to  mention  how  the  Parliaments  and  gencrall  affembly  of  the  ellates  of  / 
 
 have* frequently d\fpofed of 'the  Cmwneofthat  Kin:  dome,   determined  the  controierfc  >  of(* 
 
 the  right  Mid  titles  pretended  to  it ;  and  eletfed  Protestors  or  Regents  of  the  Re  a  f me  during  Fa  ; 
 
 irtKingj minorities ^^r^r^i*w5  ofwhich  I  (hall  cite  divers  precedents  in  the 
 pendiX)  to  which  I  (hall  referre  you.  Nor  yet  to  trouble  you  with  Spanifh  Prea  dent 
 of  this  nature,  «where  the  feverali  claimes  and  titles  of  the  pretenders  to  the  G 
 have beeue oft  referred  to,  debated  in,  and  finally  refolvcd  by  their  Parliaments  and  9U 
 
 lerall  aflimblies  of  the  $tatey/tf  proper  Judys  offuch  controicrpcs^s  *  cj 
 
 wVr,and  other  tyanifh  writers  determined  5  as  Philip  the  (ccond  the 
 18.  King  of  J  !  his  title  to  that  Crowne  and  his  competitors,  together  with 
 
 the  rights  and  claimes  of  Alfonfo  the  1.3.5.  JobnAci.  Emanuel  and  other  Kings  of*"»*   Tl 
 Portugal!,  and  their  Corivals  were  folemnly  debated  and  determined  In  the  affcaibly  ofhofM>tt« 
 oftheStates  of  that  Realme,  and  of  divers  Kings  and  $ueenes  of  A,.  -.,    ,    C  iftife,     '  i'  ... 
 
 arrt'A  pregnant  argument,  that  their  aflemblies  of  States  are  the  foveraigne  Tri-  >;  Q.  r, 
 bunall,  fince  they  have  power  and  right  to  determine  and  fettle  the  defcent.  rig&t 
 
 648 
 *  Sec  Andrew  Faunc  his  Thearer  of  Honour,/.*.'".  I  2.  Vdian,  rhc  gencraM  Hiftorj  of  Fl  1  he  .Ap- 
 
 pendix. *  CenjU'-aDuvdi  Kcvai^lnjnbphi  Teixers  ///v//:<7i,c.  76.  to  82.   ■•  l  Regwn-'Voitugol  6 
 
 1  8-  +  MunJIt'i  £o/imgrt  {  %.c.  :o,ii  .fan  Mammd>:R?ge&  Recis  Jnflit.  /.  i.e.  3.  +  5.  Jnlchael  7(iiim  .  •    K 
 Hijp.m;j  ancj others. 
 
 K  and 
 
94 
 
 That  the  Parliament  and  Kingdome 
 
 *  Sve  Matthew 
 Weft  >ri. Fabian. 
 Graficn,  Holin. 
 
 *  Pul)chrcv.l.6 
 c.i 8.  Speed,  p- 
 599.  See  Graf- 
 ton ■AXidHolin- 
 (he  d  according- 
 ly. 
 
 *  Matthew 
 
 WcftmmflerSc 
 
 Malmefbttry, 
 
 liv.jkd,L  17  -c- 
 
 Speed, p-  404. 
 Huntingdon* 
 Walfingl 'jam. 
 Anno  1036. 
 IO40. 
 
 +  Huntingdon ,/. 
 6.  Pihchycn.  I. 
 6c.  18  S/wtt. 
 p.WQ.Mnitheve 
 Weft  with  Anno. 
 1042  />.  41  y. 
 (Jt)  Ilvucden, 
 jHuntingdo'h 
 Matthew  Weft  m\ 
 Matthew  Far  is, 
 Walfmgham^o- 
 Iychroniccn9  Fa- 
 bwty'An,  1126. 
 Speed  p.  4  77- 
 See  Holmjhed, 
 Grafton,  Stew, 
 Ann)  1  j  26. 
 (lyMfinghan, 
 Jpod+An,  1 1 1 5 
 Jla'tbcxvWrftm. 
 
 ^•82,85  %^ 
 f  497  .Hoveden, 
 p  49°-Hunting- 
 dpnfl'rft.  t.S.p, 
 
 19*.Fox  Vol, 
 
 r "?;  ^5.  £. 
 
 J'ar.  i.in  rhe 
 S(atuts at  large 
 
 and  fucceffion  ofthe  Crowne  betweene  thofe  who  pretend  titles  thereunto  :  I  (hall 
 confine  my  fclfe  to  domelticke  precedents.  Not  to  repeate  the  (i)  forementioned 
 precedents,  how  the  Lords  and  commons  when  the  Tide  to  the  Crowne  hath  been 
 in  difpute  have  transferred  it  from  the  rightfull  Heires  to  others;  I  (hall  give  you 
 fome  other  pregnant  evidences,  where  the  Parliament  hath  finally  determined  the 
 Title  to  the  Crowne,  when  it  hath  bcene  in  competition,  and  fetled  it  in  a  legall 
 manner  to  avoid  debates  (by  way  of  Appealeto  them  by  competitors,  or  reference 
 from  the  Kings  themfelvesjas  theonely  proper  Judges  of  (uch  a  fuperlative  contro* 
 verfie.  Not  to  mention  any  ftories  of  our  Britifh  Kings  to  this  purpofe,  where  the 
 *  Kingdome, Lords  and  Commons  then,  difpofed  of  the  Crowne  in  cafis  of  minority >  want  of 
 Heires,  mif government, and  controverfts  about  the  Title  to  the  Crowne.  , 
 
 *  Canutus  after  the  death  of  King  Edmu?id,Anno  1 017. clayming  the  whole  Realme 
 again  ft  E^/m#tw#  Brethren  and  Sonnes,  referred  his  Title  upon  the  agreement  made 
 betweene  Edmund  and  him  for  this  purpofe,  to  the  Parliament,  who  refolved  for 
 Canutus  Title,  and  thereupon  fcookeanOath  of  fealty  to  him,  Offering  to  defend  bis 
 right  with  their  fwords  agamfl  all  others  claimes.  After  his  deceaie^  the  *  Title  to  the 
 Crow?je  being  controverted  betweene  Hardicanute  the  right  Heire,  arid  Harold  his  elder, 
 but  bale  Brother ;  it  was  referred  to  a  Parliament  at  Oxford,  who  gave  their  voyces 
 to  Harold, (there prefentj  and  prefently  proclaimed  and  confecrated  him  King- 
 Anno  1036.  After  whole  death,  the  States  oi  England  Cent  and  adjudged  the  Crowne 
 to  Har dicanute,  then  in  Denmar^e.  He  dying,  *  Edward  theConfejfor,  by  a  generall 
 confentofthe  Nobles,  Clergy,  and  People  (who  prefently  upon  Harolds  death,  en- 
 acted by  Parliament,}  That  none  of  the  Vanijh  blood  fiould  any  more  Reigne  oier  them) 
 was  elected  King,  and  declared  right  Heire  to  the  Crowne,  Anno\\i6.  (i^)  King 
 He?iry  the  firft  having  no  iflue  male,  but  onely  one  Daughter  Maude,  to  fucceed  him, 
 fummoned  a  Parliament  in  the  pre/ence  of  himfelfe  and  David  King  of  Scotland^ 
 wherein  the  Crowne  was  fetled  upon  Maude  after  his  deceaic,  being  of  the  ancient 
 RoyallEnglifh  blood  5  whereupon  Stephen,  his  Sifters  Sonne,  and  all  the  Nobles 
 presently  fwore  fealty  to  her,  As  much  as  in  them  lay,  after  King  Henries  death  (if  bee 
 died  without  iffue  male  )  to  e ft ablifi  her  Queene  of  the  Monarchy  of  great  Britaine.  But 
 Stephen  after  his  deceafe,  ufurped  the  Crowne  againit  his  Oath,  By  the  unanimous 
 confent  and  election  of 'the  Lords  and  Commons  :  And  after  feventeene  yeares  civill  wars3 
 to  the  deviation  of  the  Realme  (/ )  King  Stephen  and  He?iry  the  Sonne  of  Maude 
 came  to  a  Treaty  ztW ailing  ford,  where  by  the  advife  of  the  Lords,  they  made  this 
 accord-  That  Stephen  if  he  would,  ftou!dpea:eably  hold  the  Ifingdome  during  his  life,  and 
 that  Hcvry  fhwld  be  bis  adopted  Sonne  and  Succeffor,  enjoy  the  Crowne  as  right  Heire  to 
 it  after  his  death ;  and  that  the  King  and  all  the  Bifwps  and Nobles  fiould  fwe are,  that  Hen- 
 ry after  the  Kings  death,  ifbefurvived  him,  foould  poffej]}  the  Kingdome  without  any  con- 
 tradiUim-.  Which  done  the  civill  warres  ceafed,  and  a  blefled  peace  enfued  :  and 
 then  comnJng  to  Oxford,  in  a  Parliament  all  the  Nobles  did  fealty  to  Henrys 
 who  was  made  chiefe  Jufticiar  of  England,  and  determined  all  the  affaires  of  the 
 kingdome.  In  the  8.  and  2^. of  E.  3»there  was  a  (m)  doubt  moved  in  Parliament^ 
 whether  the  children  of  the  King,  or  others  borne  beyond  the  Seas  within  his  Allegiance^ 
 pould  inhe'r  it  lands  in  England?  The  King,  to  cleare  all  doubts  and  ambiguities  in  this 
 caft,  and  to  have  the  Law  herein  reduced  to  certainty^  charged  the  Prelates,  Earles,  Ba- 
 ro/ii,  and  other  wife  men  of  his  CounceU  affmbled  in  Parliament  in  the  l^yeare  of  his  Kaigney 
 0  to 
 
are  the  SoVeraigne  To^er.  9  5 
 
 to  deliben  to*d9     That the  Law  of  /A,.-   Retime  of 
 
 Id,  en  oj  1  In  Kings  tf/'Kngland  in  n! 
 Vj  w  Ene  1  be  able  and  qm  to  bear,  inherit  we  n- 
 
 Which  when  tlicy  had  declared,  tbe  King,  Lords  md 
 imonsbyafpe  iall  Aft,    did   i  >d  ajjirmc  tbU  Law  for  tvtrz  the  onely  A&  pafm 
 
 And  in  a  ^Parliamcncl  1. /.  3.  this  Kings  eldclt  fonnc  was  *<?**?  A*.  The 
 CJTit  by  Parliament,  which  then  alfo  entailed  the  Dutchy  of  P',ncc  ac« 
 
 Cornwall  upon  the  eldelt  iLnnes  of"  the  Kings  or  FngJand.  So2i./(.2.c.  9.  the 
 Principality  or  C/fre/?er  was  created  and  fetled  on  the   Prince  by  Aft  of  Parlia- 
 
 *  King  Ffrwrythc  fourth,  the  better  to  affiire  the  inheritanceof  the  Crowncs  and      "'^.4'n^f 
 Realmesof  KwglWand  prance  to  him  and  his  polterity,  caufed  them  by  a  fpeciall   i.H4.f.\Q.i%\ 
 Aft  of  Parliament,  inthcfiilt  yeareof  his  raigne,  to  be  entailed  and  f  tied  on  bim-  Fabian.^rr.7. 
 jelfeaud  the  beire  (  of  bis  ho Jy  begotten ;  and  Prince  Henry  Ins  eld  ft  fonm  to  be  efiablifi-  p. 3 7^  Spud 
 td,  .  '  ed,  and  decreed beire  appar ant  to  him >  a?:d  to  fucceed  bim  in  the  f •?**&• 
 
 ftiii  I  Rcahms,  to  have  them  with  their  appurtcnan.es  after  the  King!  death,  to 
 
 him  antf  r'v  beires  jj  bis  body  begotten  ;  And  ij  bee  jbnuld  die  without  beire  of  his  body 
 .  ihen  t)  remain*  to  tbe  Lord  Thomas,  tbe  Kings  fecond  fin /a.",  with  JucceJJ-ze 
 fmalndm  to  Lwd  fohn  the  third,  and  Lord  Humfry  the  Kings  fourth  firm*}  and  the 
 •s  of  their  bodies  begotten.  After  which  Aft  palled  (for  the  avoyding  of  all  claimes, 
 titles,  and  ambiguities,  to  be  made  unto  theCrowne)  he  thought  never  by  any  of 
 his  Subjcftstobe  moleiied  or  troubled:  the  rather,  becaufe  in  this  Parliament  it 
 was  rirlt  concluded ;  that  depofed  King  Richard  mould  continue  in  a  largeprifon, 
 and  bepienteoudy  (erved  of  all  things  necellary  both  for  viande  and  apparell,  and 
 if  any  perlbns  mould  prefume  to  rearewarre  or  congregate  a  multitude  to  deliver 
 him  out  of  priibn3  that  then  he  mould  be  the  firft  that  mould  die  for  that  feditious 
 commotion  :  Which  King  Ri:bard(as*  Sir  John  Bigot  by  his  Bill  exhibited  to  *  pdun,  t>*rt. 
 this  Parliament  averred)  had  divers  times,  at  fundry  Parliaments  in  his  tirns  hoi-  7  pnu 
 den,  faid  ;  that  hce  would  have  his  intent  and  pleafure  concerning  his  owne  mat- 
 ters, whatfoever  betide  of  the  rehdue;  and  if  any  with  (food  his  will  or  minde, 
 he  would  by  one  meanes  or  other  bring  him  out  of  his  life  5  And  further  faid  to 
 him  at  Lichfield  in  the  one  and  twentieth  yeareof  his  raigne,  that  be  defied no  fagcr 
 for  to  live  then  to  fee  bis  Lords  and  Commons  have  him  in  as  great  awe  and  dread,as  et/er  they 
 had  of  am  his  Progenitors,  fo  that  it  might  bee  cbro.r  icled  of  bim,  that  none  paffed  h'wi 
 bononr  and  dignity,  with  condition  that  be  were  depofed,  and  pm  from  bis  (aid  dimity 
 tbe  next  morrofr  after*  So  wilfull  was  hee,  as  to  preferre  his  will  before  his  Crown* 
 or  fafety. 
 
 («)  IntheyearesT44o.  and  1441.  Rkbsrd  Duke  of  Tor  k^  came  into  the  Parlia-   , 
 nient  Houfe,  and  there,  in  a  large  Oration  laid  claime,  and  fee  forth  his  Title  to    ,9' 
 theCrowne  of  England,  which  King  Henry  thefixth  had  long  cr, joyed,  defiring  f.176.  to  185. 
 the  Parliament  to  determine  tbe  rinjjt  of  the  Title  betweene  them,  both  fides  fnbmXt'mg  to  their    f^*»»,  ^;" > 
 resolution  as  tbe  proper  Judges  of  this  weighty  royall  controverfe :  After  long  debate  and    I**}'  ?'  V°* 
 conlideration  of  the  caic  among;  the   Peercs,  Prelates,  and  Commons  of  the 
 Realmc,  it  ivas  finally  agreed  and  refilved  by  them :  That  in  as  much  as  Henry  ihefxtb  had  fbed,  Stcrr\ 
 leene  takgi  as  King  for  $$.yeares  and  more,  that  he  fijould enjoy  the  name  and  tide  of  Kind,    timers,  A 
 
 K2  and    J4^H4I. 
 
g 6  -  That  the  (parliament  and H\ingdome 
 
 and  bavtfoffcfjtm  oft  he  Realme  Muring  his  natural!  life.    And  if  be  either  died,  §r  refigmd 
 or  F  O  R  F  A I  T  E  D    T  H  E    SK  ME  for  breaking  any  part  of  this  concord,  then  thi 
 faid  Crowne  &  authority  royal!  fhould  immediately  defend  to  the  Duke  of  Yoike^King  Ed- 
 ward the  4.  bit  Father)  if  he  then  lived  .   or  el/e  to  the  next  heire  of  bis  line.    Andtbat  the 
 faid  Duke  from  tt  enceforth  fi'ould  he  Protester  and  Regent  oft  he  Kingdome.  Provided  alw 'ay 
 that  if  the  King  did  do  fly  or  apertly^ftudy  orgoe  about  to  break*  or  alter  tlm  agreement,  or  to 
 compafje  or  imagine  the  death  of  the  faid  Dnkg  or  his  bloud;  then  be  T  O    FORFEIT 
 THE   C?vO\NNE:a?idtheDuke  TO  TAKE   I T :  Theft  Articles  made  by 
 the  Parliament  betweene  them.,  they  both  fubferibed,  fealed,  and  fwore  to,  and  then  caufed 
 themtobeenaUed.  Loe  here  we  have  thefe  two  Kings  fubmitting  their  Titles  to  the 
 Crowne  andKingdome  it  felfe  to  the  Refolution  or  both  houfes  of  Parliament,  as 
 the  Soyeraigne  judge  betweene  them ;  who  fetled  the  Crowne  in  this  order.,  under 
 paine  of  forfeiting  it  by  KingHenry,  if  he  violated  their  Decree  herein  •  and  ap- 
 pointing a  Lord  Protcttor  over  the  Kingdome  inbvs  full  age,  as  ( 0)  Walfingbam  in- 
 (0)    H'ifioru    formes  us,  a  Parliament  conftitutedDul^eHumfry  to  bee  Protestor  of  him  and  his  King- 
 Vwlitme'tmm  '   ^ome  "/England:)  and  the  Duke  of  Bedford  to  bee  Regent  of  France,  during  bis  minority^ 
 fait  convocawn  who  exercifed  all  regall  power,  by  vertue  of  that  authority  which  the  Parliament 
 in  quo  Parlia-  derived  to  them.  After  this,  in  thefe  two  Kings  reignes,  Q>)  the  Crowne  and  its  der 
 memo  ex  ajfenjk  font  were  varioufly  fetled  by  Parliament  Cas  I  have  formerly  manifeited)  yet  fo,  as 
 uT'^mD^x    t^iat  wn*cn  one  Parliament  fetled  in  this  kinde,  continued  rlrme  till  it  was  altered  or 
 Definfor  feu    '  reverted  by  another  Parliament.    King  (q  )  Richard  the  third  comming  to  the 
 Pjotdh/An-      Crowne  by  ufurpation,  to  ft  lengthen  his  Title3  procured//^  Lords  and  Commons 
 gli*  frerat  no-    to paffe  an  Aft  of  Parliament,  wherein  they  declare  him  to  bee  their  lawful!  King,  both 
 mmatm  <&  or-   ^  eieffcon  andfucceffion,  entaile  the  Crowne  upon  him  and  the  beires  of  bis  body  lawfully  begot- 
 Rcgni  official  ien,create bis  Sonne  Edward,  Prince  ofWales^and declare  him  heire  tojucceedbim  i?i  the  royaU 
 beneficia  ejus      Crowne  and  dignity  after  his  deceafe. 
 
 dij'pcfuioHi  funt  In  which  A£t  of  Parliament  Crecited  at  large  by  Speed)  there  is  this  memora- 
 T^BiC  afron  ^e  Pau^a§e  :  That  the  Court  of  Parliament  ii  of  fitch  Authority,  and  the  people  of  this  land 
 p.6gi   692.      offuch  a  nature  and  difpifitwt,   as  experience  teacbeth  ;  that  manifeftation  or  declaration  of 
 
 $  peed  p.  8  j  9.    any  Truth  or  Right  made  by  the  three  Eft  ate  J  of  this  Realme  Affembledin  Parliament ,  and  by 
 
 ffifl.p.92$.9li  *it*  andquefiions  of  his  title  to  the  Crowne,  in  his  firfi  Parliament  procured  the  Lords  and 
 ii)  Hats  chrc.  Commons  by  afpeciall  Aft  Jo  fettle  the  inheritance  of  the  Crownes  0/EngIand  and  France,  on 
 r  *\'  rr  ■*"  ^'im  wdibe  beires  of  bis  body  lawfully  begotten^  perpetually  by  the  grace  of  God,  fa  to  endure, 
 {s)  raponf.  anjonnoneot^  ancial]  attainders  and  A&s  againit  him,  by  Edward  the  fourth, 
 ttjsp.p.ioi*.  and  King  Richard (/)  this  Parliament  annihilated.  After  him  King  Henry  the  eighth, 
 (*)  25  H.  8.  0  to  ratifie  his  divorce  from  Queen  Katberine,cm(id  it  to  beconrrrmed,and  hisf*)mar- 
 z%,  16  H.  8.  c.  r|age  wjt{i  ner  t0  ijC  ut;tcrly  diflblved  by  A6t  of  Parliament :  and  by  (u)  fundry  A&s, 
 1  *  2  H  8  c  <"  ra**fied  his  fubfequent  Marriages ,  and  fetled  the  defcent  of  the  Crowne  to  his  poflerity,  fome- 
 Sce  Hail.  *  vpl°at  differ  cm  from  the  ccurfe  of  the  Common  Law ;  which  Statutes  were  afterwards  alte- 
 (x)  1  Mtr.c.i.  red  and  the  defcent  of  the  Crowne  fetled  by  other  ipeciall  Eils  in  Parliament3both  in 
 &  Pariiair.cn:  z.  Q^  Gyrene  Maries,  and  §hteene  Elizabeths  Reignes,whofe  Titles  to  the  Crowne  were 
 c.i.iA.Ei'.ci  fetleci:and  in  fome  fort  created  by  the  Parliament. 
 
are  the  SoVeraigne  Tower ,  97 
 
 By  the  notable  Sea.  of  ig.  E&c  1.  worthy  reading  for  this  purpose,  it  it  made 
 then  high  Treafotij  toafiirniej  That)  ie,  WITH,  and  BY    1 
 
 AUTHORITY  OF  THE   PARLIAMENT 
 
 mil.  hath  tj  to  BTNDE,  L]  M I T3  ft  E- 
 
 STRAIN]  «?<<//  PERSONS,THEIR  RIGHTS  AND  TI- 
 
 TLE S  T  H  A  T  I  N    A  NY  W  I  S  E  m  tj  \  intenfl  or  poffihiRtU 
 
 \  \  0  K  TO  THE  CROWNE  OK  ENGLAND  m POSSESS  [ON. 
 \\  KM  A  l\  DKR,  iNHERlTANeEjSUCCESSION^  OTHER- 
 SOEVER-.  *W  *//  ff/i&cr  ^er>w  tvbatfoever.  King  Edward  the 
 »3  and  other  our  Princes  holding 'their  Crowncs  by  a  Parlia- 
 mentary Title,  rather  then  by  the  courieof  the  *  Common  Law,  which  this  Sta-  +  ?Cc  Cee^sJn- 
 tote  affirmes  the  Parliament  hath  power  to  akerx  even  in  cafe  of  defcent  of  the  ,u 
 Crownc. 
 
 It  is  obfervablcthatthe  Statutes  of2$  H.  8.C.22.  28  H.Z.c.j.  and  35  R8.ci.doc 
 hotonelyN*//i/z«  (bmeoftbu  Kings  marriages'}  and  ratip'e  others  of  them,  declaring  fame 
 ef bis  iffues  legitimate  and  he  red  it  able  to  the  Crownc,  others  not,  and  appoint  the  gueene,  if 
 
 tg,  to  be  I     1  mt  King  or  §ueene,  that  fiould  inherit  the  Crowne;  or\ 
 
 of  the  Lords  m  \  by  his  Lift  will  fiould  defigne ;  But  likewue  prescribe  ftrift  Oathes 
 
 for  every  Sub  jeft  to  take,  to  maintaine  theSucceiTion  of  the  Crowne,  as  it  is  Jimi- 
 tedbythofe  Aft?,  which  Oathes  for  any  torefufe,  is  made  high  Treafon,  or  to 
 DC  orfpeake  any  thing  again!}  the  fucceflion  of  the  Crownc  as  it  is  therein  limi- 
 ted :  And  withall  they  derive  a  plenary  authority  to  the  King  (who  thereupon 
 
 ft  and  confidence  his  loving  Sub je^s  had  in  him,  in  tutting  in  *  ,jH  < 
 ands  wholly  the  Orde)  and  Declaration  of  the  Succefjion  of  this  Realme^  by  his  Letters 
 founts  wider  hi?  Se  his  hfl  will  in  writing  figned  with  his  bandy  fir  Udx  of  iffue 
 
 5  to  *  give,  limit,  ajfigne,  appoint  or  dijpoft  the  imperial  I  Crowne   *  2  8  H.  8,  -  7 . 
 of  the  Keatme,  to  what  ferfon  or  perfons,  and  for/itch  eft  ate  in  the  fame,  and  wider  flub  condi-   *  *  **•  fc  '  ■ I  • 
 tions  as  itjbouldpleafebii  Majtftj*    Toe  Parliament  therein  prom ifing  by  o?ie  common  affent 
 fove9dread,andobt  LegallGozemours,  and  Supreame  heads,  fitch 
 
 perfon  orperfons  m  ly,  as  the  Ring  by  authority  oftbofe  Acts  froufdgiietbe  Crowne  unto,  and 
 Uytoftiehetothema*  true  faithful!  Subjefts,    Provided,  that  if  an)  of  his  Children  or 
 Heires,  afterward  did ufurpe  one  upon  the  other  in  the  Cruwne  of  this  Real, ne,  or  chime  or 
 challenge  the  J aid  imperiall  Crowne,  otherwife,pr  in  any  other  courfe,  forme,  degree  or  conditi- 
 on, ti  nejhould  '  difpofed,  or  limited  unto  them,  by  the  King,  <:  ojtkofe 
 AUs .    Or  if  any  per  fen  or  perfons  to  whom  it  fiould  pleafi  the  King,    bj  authority  0f  thole 
 ABs  to  difpofe  tbi :j (aid Crowne  and  Dignity  of  this  Realme,  or  the  Hi  ires  of  am  of  th 
 it)  er  demand,  challenge,  or  claime  the  Crowne  of  'this  Real. 
 •  any  other  courfe,forme,degree  or  condition,  then  the fame  fiould he  given,  difpofd,  and 
 1  I unto  them  by  1  he  K ing,by  vertut  and  authority  oft!: efe  Ails  •    That  tbt  n  all,  ana Ifiuoulj  1 
 tders,  in  any  of  the  premifes  contrary  to  thefe  Alts,  and  all  their  Abettors,  Mainta'mt 
 Fa&oUrs,    Connie/lours,  and  Aiders  therein ,  fhall  bee  deemed,   and  adjudged  HIGH 
 T  R  A  Y  T  O  R  S  T  O  T  H  E    REALME;  and  that  n  ay  fuel,  offence  flail  be  at- 
 cepted^eputedyand  taken  TO   BE  HIGH  TREASON,  and  the.  offenders  therein, 
 their  ayders,&c.  for  every  fuel?  offence  fiallfuffer  Jhch  ptdg  m                               \  lffts  and 
 forfeitures  of  Lands,  Goods  9  and  Privikdges  of  fanciiury,  at  in  any  cafes  of  high  Treafon. 
 
 K  3  And 
 
£  8  That  the  Parliament  and  Kingdom* 
 
 And  over,  that  x  well  THE  KINGS  SAID  HEIRES  AND  CHII- 
 D  RE  IV  EVERY  SUCH  PERSON  &  PERSONS  TO  WHOM 
 THE    CROWNE    SHOULD    BE    LIMITED     AS     AFORE- 
 
 SAID,  and  every  of  their  Heires,  fir  every  fuch  offence  above  fpecijied,by  them  to  be  corn* 
 nutted,  SHALL  LOSE  AND  FORFEITS  AS  WELL  ALL 
 SUCH  RIGHT,  TITLE,  AND  INTEREST/THAT  THEY 
 MAY  CLAIME  OR  CHALLENGE,  IN  OR  TO  THE 
 CROWNE  OF  THIS  REALME,  AS  HEIRES  BY  DE- 
 SCENT^! BY  REASON  OF  ANY  GIFT  OR  ACT  DONE 
 BY  THE  KING,  fir  bis  or  their  advancement, by  authority  of  thofe  AUs,  or-  by  any  man- 
 ner of  meatus  or  pretence  whatfoever. 
 
 Ar.d  the  Statute  of  $  5  H.8.  c.  i.  which  emailed  the  Crowne  upon  Queene  Mary, 
 after  Edward  the  fixt  his  deceafe  without  hTue,  hath  this  provifo ;  cc  That  if  the  faid 
 cc  Lady  Mary  doc  not  kecpeand  performe  flich  conditions  as  King  Henry  by  his  Let- 
 cc  ters  Patents  orlalt  Will  in  writing ,  ihould  hereafter  declare  and  limit  to  her  faid 
 cc  eftate  in  the  Imperial!  Crowne •  That  then  and  from  thenceforth,  the  (aid  Ini- 
 cc  periall  Crowne  thall  be  and  come  to  the  Lady  Elizabeth,  and  the  Hdres  of  her  bo- 
 ccdy  lawfully  begotten,  in  fuch  like  manner  and  forme,  as  though  the  faid  Lady 
 ^  cc  Mary  were  then  dead,  without  any  Heires  of  her  body  begutten,any  thing  in  this 
 
 \i\iMttrU  '  "  A&containcdtothe  contrary  notwithstanding.  And  the  like  provifo  there  is  fir 
 VarLi.c.1,  cc  Queene  Elizabeth,  That  if  (he  performe  not  the  like  conditions,  limited  as  a  forc- 
 es; 2  5  #8.c.  cc  faid,  to  her  eltatein  the  Crowne ,  That  then  the  faid  Imperiall  Crowne  (hall  be 
 J9,2r.  26  H.%  cc  ancj  eume  to  £ucfa  perion  or  perfons  as  the  King  by  his  Letters  patents  or  Jaft  Will 
 c'iaa8  #.8  c*  ^a^  aPP°^nt*  %  a^  ^^ich  A&s,  (worthy  reading  and  consideration  )  the  Par- 
 p.  1 6.3  itf.s  c.  Iianicnts  Supreame  power  of  fetling  and  difpoimg  the  defcent  and  inheritance  of  the 
 22,14,29.  31  Crowne,  and  giving  Authority  even  to  the  King  himfelfe,  to  difpofe  of  it  upon 
 B.$.  <-  10,14.  condition,  en  paine  of  forfeiture  as  aforefaid  ("which  the  King  alone  had  no  pow- 
 -4&  #«'  erat  a^  t0  ^oe  )  w*^  eal^y  appeare  to  the  moil:  malignant  Spirits. 
 17,19, 1  j  IK*  Inthetirftf  j)  Parliament  of  our  late  King  James,  the  firft  Bill  then  pafTed,  was 
 ci, 3. 1  Eli.  f.i  an  acknowledgement^  and  confirmation  of  his  immediate,  lawfull,  and  undoubted 
 
 I  E.6.c.i,iMa.  fucceilion  and  right  to  the  Crowne  ofEngland,  as  the  next  and  onely  Heire  of  the 
 C*8  £/Par]'2  C*  ^lood  ^oy^W,  to  whom  of  right  it  defcended  ;  which  Dolman  the  Prieft,  andibme 
 (b)  Walkngham  Jem*tes  oppofed  in  Printed  feditious  Bookes.So  the  (z)  Articles  otQn.Mams  mar- 
 Hift.Angl.H.%  riagewithK  P/^i/z/ywere  appointed,  and  ratified  by  Parliament:  And  the  Imperial] 
 p>4<>S.speedp,  Eccleiia.ticall  Jnrr&iftjon  ufurpedby  the  Pope  and  Prelates,  hath  likewife  by  (a) 
 1 108.  as  h.  8.  funciry  Statutes  beene  reilored  and  united  to  the  Crowne,  and  the  Title  of  Supreme 
 
 II  'flak  rh  'C  ^L'  *^y  an^  SliPreame  Oovernour  in  all  caufis,  and  over  all  perfons,  Spiritual!,  Eulefiafiicall 
 \H,6.  *  and  Temporal!,  fetled  upon  our  Kings  and  Queenes;  Who  during  their  minorities 
 (c)Hifi.  Angl  have  had  Guardians  and  Protectors,  appointed  to  them  by  (b)  Parliament,  to  fum- 
 p. 161026. 31  nion  Parliaments,  aflent  to  Bills,  and  execute  all  Royalljurifdi&ion  in  their  names 
 ^S^J&//°  an^^ea^s.  And  as  the  Title  and  Right  to  the  Crowne  of  Eng land,  and  the  Jurif- 
 Grafiofiy^tgtP  &  diftion  thereof  hath  thus  from  time  to  time  beene  decided  and  fetled  in  and  by  our 
 Speed  in  the  life  Parliaments,  fo  hath  the  Title  and  jurifdiftion  of  the  Crowne  oi  Scotland,  beene 
 ofEdw.hs  Frft.  Cc)  frequently  dticuded  and  ietled  in  our  Parliaments,  upon  appeales  made  to  them  I 
 ^Volig.KeK}lp.  ty  tile  ^jngS  0{ScotIa?id,  and  their  Gorrivals  to  that  Crowne  ;  VVitnelle  the  famous 
 
 cafe. 
 
are  tkeSoyeraigneTo^er.  90 
 
 c  ife  >\r\A  competition  tor  that  Crownc  long  agitated  and  refolvcd  in  Parliairient  be- 
 ing ofNoway,  hailiol, and  Bntce,(to  omit  others)  in  the  ; 
 
 •    And  this  King  Ednrardj Title  to  the  Crow  ne  oi  .:  la- 
 
 nd refolvcd  by  our  Parliament  here  5  All  which  are  Recorded  at  large  by  2 
 
 rm^and  Matthew  U'cftminjhe,  in  the  lift:  of  King  Edward  the  firft,and  in 
 the  Parliament  Rolls,and  Pleas  of  his  Reigne,  with  (V)  umdry  other  inlfcmccs  of 
 this  nature  (frequent  in  our  Hiltorians)  which  tor  brevity  I  pretermit.  fjj  ,  y.rK 
 
 Ir  is  a  (f)  clcape  cafe  without difpute,  that  if  the  King  ihould  dye  without  any  («j  3  5  H.8.C.1 . 
 Heire,  theCrowne  would  delicate  to  the  whole Kingdome and  Parliament,  who 
 might  difpofe  ofit  in  fuch  a  cafe,  to  what  perfon  they  pleated,  or  quite  change  that 
 fornie  of  Government,  i  f  they  Taw  good  caufc  ;  no  particular  kinde  of  rule  being  fo 
 limply  neceffary  by  any  divine  Right  or  Law  to  any  State  or  Kingdome,  but  that  as 
 it  was  at  fii  ft  inftituted,  lb  it  may  in  fuch  a  cafe  be  changed  by  the  whole  Kingdomes 
 general]  confent,  upon  Sufficient  grounds.This  appeana  by  thecaie  of  *  Charles  the 
 
 v,  who  being  depofed  from  the  Empire  and  his  Kingdomes,  for  a  madman,  *  Blondut  De- 
 anddyingwithaUtanyHeirCj  the  Kingdomes  which  before  were  fubjeft  to  him,  cad.il.i.R 
 Veflityte  cfa  right  Heire,  began  to  fall  in  fitnder  on  every  fide  >  and  to  chufe  Kings  of  them-  l-i.^".s°o  Bi- 
 fhes  of  another  Family.  France  clccled  Cb  arks,  a  chiide,  lirnamed  Simple,  for  their  CMfo*?Sub- 
 King;  and  zttev  his  fiwplicitydifpleajed  them,  they  Crowned   Otho  Sonne  of  Robert  jetHon&c.pJ. 
 Duke  of  Saxony,  in  his  place  :  Atthe  fame  time  the  people  of  Italy  meaning  to  have   3.^.42  3. 
 a  King  of  their  owne,  could  not  agree  on  the  matter,  but  feme  chofc  Beringariw, 
 others  Gitidn}M\d  Co  had  two  Kings  in  Italy,  both  calling  and  bearing  themfelves  as 
 Emperours  •  And  the  Germane*  elected  Arnolph  Duke  ot  Bavaria  for  their  Emperour. 
 Thus  *  Zeno  the  Emperour  dying  without  any  Heire  that  might  fucceed  him.  Ana-  *  Zcm.  Anna!. 
 fafm  a  man  of  great  reputation;,  yH  of  no  Noble  Family,  was  chofen  his  SuccefTbr,  7rn.|./ia6. 
 b)the  Senate  and  Legions.    The  like  we  reade  of  divers  other  Emperours  decealing   0"n{tfp?ol 
 without  Heire  ;  of  lomeof  our Saxon and Britijh. Kings,  before  the Qonqueft ;  and 
 of  other  in  CaftikyAragmjk  other  Kingdomes,whcre  the  Crowne  hath  beene  tran- 
 flated  from  one  Family  to  another,  by  the  Kingdomes  content  tor  want  ofHeircs. 
 
 V/urdut  *  Nonittf  Leo,  a  learned  Portugal!  Lawyer,  informesus;  Thn  Ferdinand  Mr.r    •    9, 
 King  of Portugal!,  dying  without  any  la  wfull  Heire,  lincall  or  collateral!,    as  they  fepb.Tei.I 
 beleeved  ;   the  Eirates  of  that  Kingdome  affcmbling  at  Coimbre,  cleft"  ed  John  aba-  c.78.  in} 
 ftard  for  their  King  upon  this  very  ground,  (fpecified  in  their  decree  of  his  Eleftion  )  ^ifleriml 
 That  King  Ferdinand  dyed  without  any  lawfiill  ifliie  or  kindred  •    U  NDE     1U-  Uh^  7*'" 
 RE    GENTIUM,     Whence    BY    THE    LAW    OF    N  AT  I  O  N  S,  ir  Il5°' 
 they  affirmed  it  to    BE     LAWFIILL     FOR     THE    PEOPLE    TO 
 CHLISE    A     KING    OR    GOVERNOUR,    WHOM    THEY 
 PLEASED.    BelecviiiiZ  therefore,  that  they  had  returned  to  that  ftate  WHFRE- 
 IN    BY    THE     LAW    OF     ALL    NATIONS     THEY    MIGHT 
 CREATE     THEM     A     KING,  namely  the  kingdome  being  voyd  without 
 an  Heire  ;  They  [aid  they  might  lawfully  eletf  John,   a  mnjl  valiant  man,  and  one  who  befl 
 icd  of  the  Common-rveale  to  be  their  Kingy  he  being  begotten  of  V  \  he  Kings  of 
 
 all, Thus  this  whole  Parliament  at   Coimbre;   and  this  Lawyer  there,    and    *Md  v  7''.: 
 dfewhere  *  affirmes  ;THAT  BY     THE     LAW    OF     ALL     N  A  T  I-  1 M8- 
 ONS,    if  the  Kin^  in  an  Hereditary  Kingdom*  die  without  Heire\  THE    PEOPLE 
 
 MAY 
 
i  oo  That  the  Parliament  and  IQngdome 
 
 MAY  LAWFULLY  ELECT  WHOM  THEY  PLEASE  FOR  THEIR 
 KING;  as  they  do  in  all  elective  Realmes:  Which  Joannes  Marlana.de  Rege  &  Regis 
 hiftit.  Li%c. ,^4.  doth  like  wifeaycrne:  The  reafbn  is,  *Becaufe  the  whole  kjngdome 
 
 *  See  Mxnui  and  people  are  the  original!  jupreamc  S  Over  aigne  power ^  by  whofe  common  consent  and  Antbo- 
 tHinchiULl  1 1  r**f  wfewfidl  K.ingf9  Ifingdomes,  and  Royalties  were  at  fir  ft  created  and  instituted,  and 
 3 ,6.  p.  1 9,20^  from  wbom  they  derived  all  their  regall  Jurifdiftion :  And  c  here  fore  as  all  MefhdltieSyTc- 
 z7,4-y,  HO}  nancies, and  Fees,by  the  deaths  of  their!  enants  without  heire,  reiurhe  byway  of  Ef cheat e  to 
 1 -\6-  thofe  Lords  and  Ser,jniories,  by  whom  they  were  original 'y  created  ;  and  all  politique  Corpo- 
 %£+?*!&  f^'    ration  Lands  fas  AbbiesSrioics.Bi(hoprichS)Hofpitals,a?id  the  like,)by  the  diffohition  of  thofe-' 
 
 TdD.llt.EjLWat     f,  .  .^    .        ,  D,  ./?      J      *         ^~     -      ?■    n    r  t  ti'f  *      lira- 
 
 *  Ecdef.  1.7.     Corporations  by  death  or  otherwtfe,  retnrne  to  tbeprft  founders  of  them  ;  (  as  *  all  fevers  run 
 
 into  the  Sea,  out  of  which  they  primitively  ifjue  :  )   So  alt  fuccelfive  kingdomes  by  the 
 
 lelfe  famereafon,  upon  the  Kings  deceafe  without  any  laivfull  heires  to  inherit  or 
 
 fucceed  them  ,  mult  by  all  Law,  right,  equity,  revert  to  the  difpofe  and  dominion 
 
 ot  all  the  People  of  tfee  Realme,or  to  the  repreicntative  Body  thereof  the  Parliament 
 
 as  to  the  Supreame  Lords  and  Founders  of  it ;  from  and  of  whom  the  King  himfelfe 
 
 doth  hold  the  Crowne,  (if  I  may  fo  fpeake)  by  thofe  regall  duties  and  fervicesexprefed 
 
 in  gene  rail  in  hk  Coronation  Oa:h,  which  he  takes  to  all  his  people ;  and  if  he  die  his  Heire 
 
 *SeeL*>  Pi    to  tnc  Orowne  being  within  age,    the  Parliament  and  kingdome  as  the  Soveraigne 
 
 twdi  Confef.c.    Lord  and  power  may  and  ufually  dcth  appoint  a  *  Guardian  and  Lord  Frotec'for  over 
 
 i7.Bra.L1.c9.  him  (as  I  have  *  elfewhere  proved  J \tzll  bis  maturity,    to  difebarge  his  regall  Truft  and 
 
 *  See  Par,  z.p.  duty  to  his  people  in  his  name  and  ftead.  Hence  Hugo  Grotim  in  his  Booke  dc  Jure  Belli 
 48  to  6  j.  g,  tacpf9  1.2.0.9.  feci.  8,9, 1  c,i  I .  concludes  :  That  if  an  eleViive  Ring  dye;,  or  a  fuccejjue 
 
 Ring  deceafe  without  any  hpowne  heire  to fuc seed  him,  the  Empire  or  Soveraignty  which  was 
 
 in  ibe  Ring  as  Head,  retimics  unto,  and  remaines  i?i  the  people  as  in  the  iniire  body}    which 
 
 continues  the  fame  it  w m  before :  And  therefore  in  fuch  cajes  they  may  cither  create  a  new 
 
 Ring  if they  plea  ,'e,   as  in  elective  kjngdomes,  or  divide  the  kingdome  into  parts,   and  creel  a 
 
 *Ve  Jure  Belli   new  Empire,  as  the  Romans,  Germans  <*?/^  Perfians  did-,  or  change  th.  Government  •  the 
 
 /-'?vrh"  people  in  this  cafe  being  Sui  juris,  havingtberaines  oj "Government  in  their  owne  hands,  as 
 
 d  ffeience  be-      at  $rfi  ^efore  '%'  erditim  hereditary  Monarchy,  to  order  and  difpofe  of  the  government  as 
 
 tweeneChrifti-  they  pall  thinke  mectc:  it  being  a  thing  which  in  its  owne  nature  is  not  capable  of  an  Occu- 
 
 an-fubjefHon  &  pancy,  nor  feiftble  by  any,  unlejfe  the  people  will  voluntarily  defcrt  their  owne  liberty,  none  ha- 
 
 unchnQian  re-  zing  authority  to'  ufurpe  u  regency  over  them  in  fitch  a  cafe,  but  by  their  free  affents.    Upon 
 
 C  I'^Jo  aiz!  wn*cn  ground  he  holds  yvhhCjnuf,  and  Raynoriur,  That  if  the  Roman  Emperour  (  or 
 
 (g)  See  the  ge-  an7  other  King  by  like  reafbn)  beficke>or  taken  prifoner,fo  as  he  cannot  adminifter  the  go" 
 
 nerallhiftor)  of  vernme?it,    the  people  of  Rome /way  create  and  appoint  him  a  Vice-roy  to  governe  them-  the 
 
 France  m  his     power  of  the  Emperour^  andthemoftalfoluteA^o?iarch,beingo?2elyapoivcrofAdminl(iv^ti-  . 
 
 &Htf48  / 1"     onfort^e  peoples  good  and fervice,  ?iot  of 'dominion  for  his  owne  profit  •  of  which  ?Jone  but 
 
 24s .  Nauclerw  *^e  Vc(fP^c  can  dijpoje  •   as*  Abber'ms  Gentilis  proves  at  large. 
 
 vol.3nGetr.16.  Yea,  Bifhop  Bilfm  (/) hjmfclfe  (  though  a  great  Royalitt,)  pcGtively  affirmes  5 
 Bhndus,  Decad.  That  if  a  King^  or  right  Heire  to  any  Crowne  be  borne,  or  becomes  a  naturallFoole,  orftarke 
 1  ,io  Avcnti-  m2d^  or  run  befid.es  himfelfe,  Co  that  he  is  not  able  to  governe  himfelfe,much  left  his  Realme  -. 
 W3o-  G^!^^^^^'A^.Y  REALME  BY  PUBLICKE  CONSENT  and 
 imCi.inkr.  ADVICE  MAY  CHLISE  ANOTHER  KING:  (for what fhould 
 Mil  t. Herman,  he  doe  with  a  Royall  Office,  or  by  what  divine  or  humane  right  can  he  enjoy  a 
 Sr^Cf<'efh^  ^l'owne5wno is  Otreriy  u:-:ableto  manage it>)Upon  this  ground  fg) King Childeruk^ 
 '"'      ''  wasdepofedby  his  French  and  G .7 man  Subjects  genera! 'I  confents\    becaufe  he  was  a 
 
are  the  Sweraign  Tower.  ir  I 
 
 foi/y  a  $$t%  a  Bufii  er*  h*i  Kin^d$mt  and  Pepin  of  another  race,  H 
 
 andcrowmi  King  in  fa  Flich  acl  by  Pope  XschvnsrcColutioi^w^s 
 
 both  juft  and  hwfiill,  even  in  |  oint  ofcon/ciencc,  before  it  was  put  in  execution. 
 
 S  j  (3)  Charles  the  third  ,  the  raft  Emperour  of  Pepins  race ,  was  cfegafcd  from  the  I  jW* 
 
 fecond.  falling  into  a  fan/ieand  madneflc,"  fa  that  he  had  no  fenfe  nor  dndcrftandipg  Gam  cM.  1  ?< 
 
 as  4>r  fubjeef  unto  the  finfet^  u  herewith  1  my  ft  If  now  (alas)  fc«g  fnared,  have  brought  b'ft.l.i.s.  1  x  1.$ 
 iwj  fclf  {otltfly  into  grievous  torments.      Wherefore  in  governing  the  Empire  with  tnmm  AmuU 
 great  moderation  and  mi  Line  fie  cfjpirit,  rcdrcfie  trb.tt  is  Ann  fie,  anacorreel  wb.\t  1  have  r°3i-  2   f-  j  5°- 
 tetoMy  committed.  And  pointing  at  his  ill  Councilors  with  his  fingcr,he  laid;  *Jhfu  ill]*^?** 
 muff  in  no  Wife  be  ruled  by  the'e  menjfor  thefc  be  thoje  which  brought  me  into  tins  lament-  *  ftota% 
 nblc  plight  ^.nd  the  mifery  tlmifccfr  we  in.  A  memorable  Grange  fpeech  of  a  diftracle-d  5  Grmfimit** 
 Prince.  And  thus  the  Emperour  (5)  fVencefaMS^VJ^  likewife  depofed  by  the  Princes  pcriali  Hiftory 
 tkcTors  of  the  Empire,  For  befitting  himldf  fo  With  pic afures,  oc.  at  thai  he  became  P*1*hS***  -  ^ 
 Altogether  unfit  for  the  govcr-nnxnt,  and  a  man  unprofitable  for  the  Empire  and  Chrijtizn  9   .    jT^rt , 
 Cammoyi-Wedth  ;  and  ELutert  Count  Palatine  of  Khin^  and  Duke  of  Bavaria,   was  itimalViWCtLjL 
 clcftcd  Emperour  in  his  (read.  The  like  (no  doubt)  might  be  lawfully  done  herein  An.-i$oo.  m  ' 
 England,  by  the  whole  Kingdom  and  Parliament,!  f  any  fuch  cafes  of  incurable  folly  GermjHifi.T*m. 
 cr  frenzy  fhould  befall  any  e four  Kings,,  who  might  then  either  create  a  Lord  Pre-  *•*  l<6o-l%l\ 
 feclor  to  govern  both  King  or  Kingdom,  during  fuch  difabilities  of  Government  in  tfag&L?ffia 
 the  King  (as  (6)  ChUdrickc  for  a  time,bcfore  his  dcpofition,was  governed  and  over,  p  4^        ff 
 ruled  in  all  things  by  the  Marshall  of  the  Palace)  or  clfc  Crown  the  next  Heir  King*  6  Aventim  I.  •. 
 if  he  be  capable  to  Govern.    Yen,  in  the  time  of  our  Saxon  Kings  9  when  the  right  f-  z9h  *rfi &. 
 Heir  was  an  Infant,  unable  to  govern,  the  Crown  ufually  defcended  to  the  next  Heir  l*  '"1 1;  K-7l'd* 
 of  full  age:  Hence  *  Wibba  King  of  MercU  defeating,  Pervitins  fon  being  an  In-  *  spadsHi/lp* 
 Fant,  the  Crown  defcended  to  his  Nz-phew  Crorl  of  full  age,  after  whofe  death  VencL  t$*  -u.  261*. 
 being  of  ripe  age  inherited  the  Kingdom.     So  King  Vfulfchcr  decealing,  Laving  his  5^4,  %6%    Sec 
 fon  Kenned  within  age,  his  Brother  Et  hefre d  fucceeded  him;  whoreiigning  his  hi(f*{ 
 Crown  and  turning  Mouke  after  he  had  Reigned  30.  yeers  ,  Kenrrdthcn  of  full  ige  ^Jgjj  HtSa- 
 enpyed  theCrown.    So  EthelfiedKing  or  Northumberland  c\y\n2,Ed  /:?.://his  Bro-  nrjJ{'uv 
 ther  entr.dthc  Government  and  Reigned,  Aldnlfe^  Ithdherds  Ion ,  being  then  a  and  others, 
 minor,  who  enjoyed  not  the  Crown itill  after  Edilwalds  death'.    So  *  Cajfe&clan  ,       ,^ 
 fucceed.d  A"..'  his  Brother  in  the  Kingdom  of  Brit  .in  ,  Luis  fons  being  too  young  M§  1U  / ,  Cmlm 
 and  inibrri.  itnt  to  Reign  1  The  like  was  very  ufuall  in  Scotl.nd ,  of  which  there  are  Grafim?-*?* 
 divers  preildents  in  Gr.iftor^  bletlor  Boetius,  and  Buchanan,  which  I  pretermit.  All      Grafml  r 
 which  pai.ticul:irs  laid  together,  -re  a  raoft  clear  unanfwera- le den: e)i>lhation ,  that  Iwu  * 
 
 the  Soveraigu-.ft  power  and  Jurifdiclion  of  all  others,  refides  in  the1  whole  King- 
 dom and  Parliament,  not  in  the  King  himfelf,  fmcethey  may  thus  difpole  of  the 
 very  Crown  it  fclf,  and  are  the  fole  and  onely  fupream  judges  to  determine  all  con- 
 trov  erfies,  all  titles  which  concern  it  •  The  King  alone  having  no  power  to  tranf- 
 fe  it  to  any  oiher  without  tlie  Lords  and  Commons  free  cenftnts ,  as  was  rcfolVcq 
 
 L  ili 
 
loz  That  the  Tarliam  ent  Mi  JQngdom 
 
 in  the  cafe  of  King  John,  who  refigned  and  granted  his  Crown  to  the  Pope,  without 
 the  Kingdoms  conlent  •  and  therefore  the  resignation  and  grant  were  adjudged  void 
 V&kttb  Vara,    not  oncty  by  the  *  French  King  and  his  Lords,  but  by  our  own  Parliament ,  as  you 
 j>.  17°.  may  read  in  40.  £af.  3.  iY//.8.  and  in  DocTor  Crakenxhsrpe,  Of  the  Popes  temporali 
 
 Monarchy,  Cap. i./>.*5 1.  ^255.  I  (hall  conclude  this  point  with  the  words  of 
 *  4©  £.3,117.8.  this  memorable  Record ;  *  The  Prelate s9Dv!^s,  Counts,  and  Barons  ,  being  in  the 
 yphite  Chamber ,  and  the  Commons  in  the  fainted  Chamber ',  it  was  jheWedunto  them  by 
 the.  Chancellour,  how  they  hadunderftoodthe  caufe  of  the  Summons  of  Parliament  in  ge+ 
 nerall ;  but  the  will  of  the  King  was  ,  that  the  caufes  jhould  be  jheWedunto  them  in  fpe- 
 ciall9  telling  them  hoW  the  King  had  under  flood  that  the  Pope  by  vertue  of  a  Deed,  Which 
 hefaid  that  King  John  had  made  to  the  Pope  to  do  him  homaqe  for  the  Kingdom  of  Eng- 
 land and  the  land  of  Ireland  ,  and  that  by  reafon  of  the  faid  homage  that  h  ought  to  pay 
 him  every  jeer  perpetually  one  thoufand  Afarkj ;  and  that  he  purpofcth  to  make  out 
 Procejfe  againft  the  King  and  his  Realm,  for  the  faid  Service  and  Rent,  concerning  yyhich 
 the  King  prayed  the  advice  and  counfell  of  the  Prelates,  Duh^s,  Earl  s,  and  Barons ; 
 and  What  he  jhould  do  in  cafe  the  Pope  would  proceed  againft  him  for  this  caufe  %  or 
 againft  the  faid  Realm :  <dnd  the  Prelates  prayed  the  King  that  they  might  thereupon 
 advife  alone  by  themfelves  ,  and  return  their  anfwer  the  next  morning  :  Which  Prelates 
 by  themfelves  the  next  morning,  and  after  the  faid  Duk^s-y  Earls ,Barons -,and frr -eat  men, 
 tnftiered  and  faid;  That  the  faid  Kino;  John,  NOR  NO  O  T  H  E  R,  M I  G  H  T 
 PUT  HIMSELF,  NOR  HIS  REALM,  NOR  HIS  PEOPLE 
 IN  SUCH  SUBJECTION,  WITHOUT  THE  ASSENT 
 AND  ACCORD  OF  THEM:  And  the  Commons  being  advifed  and 
 fonfulttd  with  thereupon >  anfwered  in  the  fame  manner*  Whereupon  it  Was  ordained  and 
 ajfented  BY  COMMON  CONSENT  w  manner  following ;  In  this  pre- 
 fent  P  arliament  held  at  Weliminfter ,  the  MmieLiy  next  after  the  Invention  of  holy 
 Crojfe,  in  the  yeer  of  the  reign  of  King  Edward,  the  Ap.  as  Well  to  maintain  the  cftates 
 9 f  holy  Church  ,  as  the  rights  of  his  Realm  and  his  CroWn  ,  it  hath  beenjhsWed  amoncrsi 
 ether  things ■;  hoW  it  hath  been  reported  and  faid  ,  that  the  Pope  by  vertue  of  a  Deed 
 which  he  faid  that  the  faid  John ,  late  Kinq;  of  England  ,  had  made  to  the:  pope  in 
 perpetuity,  to  do  him  homaerefor  the  realm  of  England  and  land  of  Ireland ,  and  by  rea~ 
 [on  of  the  faid  homage  to  render  to  him  an  Annuall  rent ,  and  hath  purpefed  to  make 
 Procejfe  againft  the  King'  for  to  recover  the  faid  Services  andrent ;  The  which  thing  bc~ 
 ingjhewedto  the  Prelates,  Dukes,  Earls,  Barons,  and  the  Commons,  to  have  tJjeir  ad- 
 vice and  counfell  thereupon,  and  to  demand  of  them,  what  the  King  fljould  do  in  cafe  that 
 the  Pope  fbauld  proceed  or  attempt  any  thing  againft  him  er  his  Realm  for  this  caufe  : 
 Which  Prelates,  Dukes,  Earles,  Barons ,  and  Commons  having  taken  full  deliberation 
 thereupon,  anfwered  and  faid 9  OF  ONE  ACCORD;  That  the  faid  King 
 John,  NO>R  NO  OTHER  MIGHT  PUT  THEMSELVES, 
 NOR  HIS  REALM  NOR  HIS  PEOPLE  IN  SUCH 
 SUBJECTION  WITHOUT  THEIR  ASSENT.  Andasitap- 
 pears  by  many  evidence,  that  if  it  Were  done,  it  was  done  WITHOUT  THEIR 
 ASSENT,  AND  AGATNST  HIS  OATH  IN  HIS  CO- 
 RON  A  T I  ON.  And  -moreover  that  the  Dukes*  Earh9  Barons  ,  great  men  ,  and 
 Commons  accorded  and  granted ,  That  in  cafe  the  Pope  would  endeavour  or  attempt  any 
 thing  by  Procejfe  or  any  other  aft)  to  conftram  tbf  King  or  hi*  Subjefts  lo  perform  what  is 
 
 faid 
 
are  the  So^veraign  Tower. 
 
 JO* 
 
 be  wiH i (aim  w  this  behalf  ;   That  T H  E  V    W ILL    RESIST    AND 
 OPPOSE    HIM    WJTH    ALL    THEIR    MIGHT.      And  before 
 this  in  the  great  *  CounceU  of  Lyons  ,  the  Proxies  ami  Procurator  of  the  Church  *M*pto*Wt% 
 \xArealmof England,  in  the  name  of the,whple  Realm',  cdmpbined  andprotdled  J£*f$$l 
 
 a^ainft  this  grant  of  King  7;A»  as  a  mcer  Nullity  ,    BECAUSE    IT    WAS  rpodkp  60 
 MADE   WITHOUT   THE    CONSENT    OF    THE     REALM  M*ttauF*u\ 
 AND     LORDS,  Which  neither  did,  do,  nor  ever  after  Would  confent  thereto  ,  as  I  p  &&•  Hcfc 
 
 clfewhere  proved :  This  being  the  common  received  opinion  of  all  Civilians  t**%%  M* 
 and  StatiltS ,  Tfut«0  Khtgor  Empcronr  can  alien  ,  cr  engage  *#  or  any  part  of  his 
 Kino-lorn  toanotlxr  without  his  SubjeBs generall  confent s  ,  and  that  f/ch  an  alienation 
 ur  Mortage  *  meerfj  void  in  Law  to all  intent /,  as  Albert.Gent.Dejure  Belli,  L^.r.iS- 
 and  Hugo  Grotiue  proves  at  large,  Dt  jure  Belli  &  Pacts  X~>  c-  °".  7-  &  llb.X.  cap.  4. 
 feet,  to"  where  he  arfirms,  That  a  King  who  aliens  and  would  atluallj  deliver  up 
 poffejjion  of  all  or  any  part  of  his  Re  Am  to  another  forraign  power  without  the  peoples 
 confent  s%  may  (artfully  be  r rfi 'fled  With  force  of  Arms  by  ht*  Subjetls  ;  concluding  with 
 this  Sentence  out  of*  Seneca9v/ith which  I  (hall  clofe  up  this  Dilcourie  ;  Etfiparex-  *ctmtr.Lu< 
 
 mtibm  Patri  (natural! or politicall)  IN    E O  N  O N    PARENDU  M  com. p. 
 QUO     I :■.  1  1  IC1TUR  NE    PATER   SIT. 
 
 Tlifc  point  I  have  thus  copicufly  debated ,  not  out  of  any  the  lead  intention  to 
 derogate  from  his  Majcfties  juft  Supremacie  and  Prerogatives froy all, which  I  have  oft 
 folcmtdy  froorn  to  maintain  to  the  utmojl  of  my  power,  and  fnall  (  God  willing  )  per- 
 form ;  but  out  of  a  ferious  defireto  recTifie  the  generall  miftakes  of  men  ,  touching 
 a  pretended  Prerogative,  which  their  fantafies  onely  (  not  the  Law  )  have  undudy 
 attributed  unto  Kings  :  and  to  vindicate  the  juft  Liberties,  Privilcdges  ,  and  Prero- 
 gatives of  Parliaments  (  fo  much  decryed  ,  declaimed  againft  of  late  by  a  com- 
 pany of  ignorant  Papifts,  Malignants,  Royalifts,  who  know  not  what  the  jurif- 
 diction  of  Parliaments  is  )    according  to  the 'Protcflation  ,  the  clearing  of  which 
 points  ( in  my  weak  apprehension  )  istheonely  high  and  ready  way  to  compofe 
 our  prefent  differences ,  to  fettle  all  our  diftractions ,  which  the  ignorance,  the  mi- 
 ftakes of  the  Kings  and  Parliaments  juft  Prerogatives  and  Powers,  (next to  the 
 treacherous  malice  of  Papifts  )  have  principally  raifed  among  us,  alnioft  to  the 
 ruue  of  the  Kingdom.     Vor  my  part ,  I  prorcSe  fincerely  ,  I  lo\  e  and  honour  both 
 King  and  Pai  liament  alike,  and  in  the  controvcrfies  now  between  them  concerning 
 their  junfdiclions,  (land  as  a  man  indifferent  to  do  right  to  both,  without  prejudice 
 to  either;  and  the  King  being  the  Principall  Member  of  the  Parliament,  the  de- 
 .  vating  of  its  now  difda'ined  Power  to  its  due  altitude,  can  be  no  depreffibh,  but  ad- 
 vancement of  the  Kings  Prerogative ,   which  fhines  mod  perfpicuoufiy  in  Parlia- 
 ments, whiles  King  and  Parliament  are  united,  and  is  moil  eclipfcd  onely  when 
 they  are  divided,  as  the  precedents  in  all  age6  mariiflft.    And  this  I  dare  confident- 
 ly averre.  That  there  arc  no  inch  enemies  to  the  Kings  Prerogative,  a&  thofe  who  ad- 
 't  vancingit  beyond  due  bounds,  do  neeeflanly  draw  i:  into  dilpute,in  which  it  com- 
 monly comes  off  with  lofle  and  diminution  in  the  tnd,  as  in  the  late  caftS  of  Lsancs, 
 Ship-money,  ancrtnelike.    It  was  a  notable  true  Speech  of  pur  King  *  Henry  the  %  Httirfied  p. 
 8.  in  the  34.  yeerof  his  reign  in  the  cafe  of  one  George  Ferrers,  a  member: of  the  J^4/CS^5" 
 '  Commons  houfe,  arretted  contrary  to  their  Priviledge ,  of  which  the  King  being  in-  0fCc2u«fti* 
 formed,  ufe\i  thefe  words  among  other  to  the  Sfpealgr*  iixL  Houfe  cl  Common?, 
 
 Li  We 
 
104  1  bat  the  Parliament  and  l\ingdom 
 
 ObjrfL  j 
 
 W.  ate  informed  hy  oy.T  Judges,  Th&t  tpc  at  no  time  ft  arid  fo  highly  in  our  cftats  Royeitt9 
 as  \n  the  tibx  of  F 'arU.'.ment ;  wherein  nv  as  Head,  and  y  on  as  Members,  are  knit  toge- 
 ther into  cne  Body  folific\\'fo  tUwbatfoiver  offence  and  injury  (during  that  time} 
 is  offircd  to  themeancp:  of  the  Houfc,  is  to  bejud/ed,  as  done  again  ft  Our  Pcrfony  and  the 
 "frhde  Court  of  V aril. mint  ;  Whir b  Prerogative  of  the  Court  is  fo  great,  as  all  AH s  and 
 Pr'dcejfes  coming  out  of  Injeriduf  Court ',  muftfo'r  the  time  ceafc,  and  give  place  to  the 
 highefi  ;  which  being  fo,  My  Vindication  of  the  Parliaments  Soveraign  Power  and 
 (f )  i  Eli?,  e.i.  Right,  can  be  no  impeachm-nt,  nor  diminution  of  the  Kings  .jail  Authority,  though 
 (g)Lib.  i.e. 2.  many  Sycophants  and  Malignants  falfly  repute  it  fc>. 
 
 /.5,6./.3.  c  $.  ]r  any  here  o rje-ft  agai nil  the  premifts,  (/*)  Thztthe  King  is  th?  only  Supreme 
 (h)°L*   c  Gozemzur  cr '  ihU Realm ,    That  (g)  Bracron,  (h)  EUta,  ardour  (i)  Ltw  B?ok* 
 
 (iti  Ed.  iVio"  rtfolvc :  That  the  King  heth  no  Veer  in  His  King  lom,  forfo  Be  fbouldtofe  His  Em- 
 Cmmt  i6i.i2.  fire,  fir.ee  Peers  (or  Eejuals)  have  no  command  ever  one  another  ;  much  more  then  ought 
 E.3.  3.  6  pjfff,  He  n0l  to  have  a  Su^erlmr^  or  mightier,  forfo  tie  fioeildbe  inferiour  to  thofe  w!sb  are 
 197.  a.  Stamp,  fcy:eft  t0  fTtm  ;  andinferiours  cannet  be  equaftto  Setperiours.  The  King  ought  not  to 
 ?/?22Ea  zb  k  vn?-er  raan.0  bdt  under  God  and  the  Law.  If  then  J.tfice  be  demand -d  of  Hlmly 
 0)  BrccbaLz'.^^y  °f  Petition*  \bec%ufc  no  JVrit  runs  again  fc  Him  (Jhourh  (Jef)  anciently  fome  Writs 
 Anfiv.  did)  if  He  do  not  jufiicc,  thk  fkmjhhierit  in  ay  befujpeient  to  Him,  that  He  m.iy  expect 
 
 e.iS.f.i 34.  a.  God  will  revenue  it.  Nemo  quidem  cfe  faclis  fuis  prxfumat  difputare,  multo  fortius 
 Ftetal.i.c.iy.    centra  fofluiiviuurn  venire,  &c.    Therefore  the  Kino-  if.afove  the  Parliament ,  and 
 
 wcsmrttofotiM  *  an^v"er,  PirnS,  That  the  meaning  of  all  thefe  Books  is/  That  the  King  is  above 
 f%#i*mt  *ii-  every  one  of  HisSu  ^evfte,  and.  hath  no  Pernor  Superiour,  if  they  betaken  parti- 
 xlme  in  yifbtia  cularly  anddift.ibutively,  as  angle  men  •  as  the  words  Parem,  Superior  emy  in  ths 
 txtubemk,  ika  finguhr  number ,  and  the  like,  explain  the  meaning  of  the  Books  to  be.  But  if  we 
 t*  IriliMt/e  ta^e  t^iem  ^He&Vely  m  Parliament,  as  they  are  one  body  and  reprefent  the  whole 
 rfffnl  fo^^.  Kingdom  ;  then  thefe  very  Anthers  refolve  (in  their  foaquct:d  words)  Tnat  they 
 re-*,-,  U;^tt»(iy  arc  above  the  Kin?,  and  may,  yea,  ought  torcflra.in  a?td  quefiionhis  aft  ions  y  hes 
 s  167.  a.  Xtal  -  Admin: 'jtr.-.tiene  r  if  there  beyaf:  canfc* 
 
 (5)  See  Bodm  Secondiv,  *Brd&i>n  e>:phinshimfelf3  how  He  is  rushed  ancf  Without  a  Peer,  to 
 lT??T?^  wit^  h:  t^l  tipftvrih  Iuftl'r>  ^  IS,  He  u  the  higheji  Justiciar  in  the  Kingdom, 
 Ac  likcpf  the  but  as  lo\\'  as  any  in  reccivrag  lufticc* 
 
 Parliaments  in  Thhdly,  Even  in  Parliament  it  felf,  the  King  is  the  Supreme  Member,  and  in 
 ? 't*ic\  that  regard'  the  Parliament  in  mod  publike  Afts,  in  all  their  Petitions  or  AddreiTcs, 
 
 W^See  -^  ufuall  Ttiks  him,  (n)  Their  Soveraign  Lord:  'BcficUs,  The  Parliament  it  felf  is  ever 
 mentam  Canb  CO  T***fo°nkfy  diffoivedby  hts  Writ,  in  his  name,  by  his  Authority  :  And  in  palling  all 
 'Brit,  f  eg  \7'7.  Acls  and  Bills  of  Grace,  orfuchasare  notfimply  neceffary?  for  the  publike  fafety 
 prompt.  >;;>if.efxi\d  utility  of  his  pecpie,  He  hath  an  abfolute  negative  vojcea  and  his  Roy  all  afrnt  t* 
 
 fcfL^  Parliament  really  is,  and  may  be  judly  averred  to  be  Paramcmthiw>  and  the  Su- 
 flind  c.%  tovti  prcm'ft  Soveraign  Power,  though  not  Cover no nr* 
 
 y  i*ffi'  Tu:  Four t hlr,  The  Oath  of  Supremacy ,  That  the  King  is  the  only  Supreme  Gover* 
 min^/r^f  four*  relates  onlv,and  at  l^ft  principally  to  the  Popes  forraign  Princes  Authorities^ 
 fing  BUs^i  formaiy  uiurped  in  this  flealm^  as  the  Tnle5  v\  prds3  Icope  of  the  Statute  or  1  EIiz.* 
 
are  the  SoVeniin  To'toer.  105 
 
 1.  and  the  rety  next  words  m  the  Oath  it  6U  m\  lenyably  imnifcfl,  (  And 
 
 1  NO   i  ORRAK/N    P§\  ,  Preidfr,  State  or  Potentate  h,th  w 
 
 9Ur  c  A»y  Jh  *,  f<to#i  H'M.IUORfTY,    P  11  E  H  E  M  I. 
 
 NCE,  «  Authority,  I  .-.til  or  S 'fir ima&  mthin  thU  Retdm  1  and there* 
 
 I  do  Htti  i  *nce  andfrr  *\e  A  L  L    I  O  RR  A  JGN   Jurifdi'clio  >/,  &cj 
 
 TWefore  it  refers  not  at  all  to  Parliaments  or  their JujifiKftion,  Power,  Superior 
 rif  1  inence,  or  Authority ;  notfomuch  as  once  thought  ef  bvriipedfcri* 
 
 hers  of  this  Oath,  which*  had  its  crttribi]  and  Authority  from  the  Parliament,  ani 
 made  fomt  addition  to  the  Kings  Prerogative. 
 
 Fifthly,  (p)  BotbnTjith  others  ftjs  l  (lull  hereafter  manif.fl)  afliire  its,  That  (  )  emmw. 
 the  Srvcmipt  /M\w,  and  lurifdiftion  both  in  the  Ronton  and  German  Empires^  and  in  l-  *»*  Jrtw.fg 
 moft  forr.\i<rn  Cbrrftian  Kingdoms,  was ,  and  y,  t  is,  in  the  Senate  People,  Parliaments, 
 ,D  yets  ;  wi  f  his  tf  no  tnipeachmenft  4t  all  to  their  royall  Supremacies,  or  Tit  Us  of 
 Supreme  Heads,  and  Governours,  Within  their  own  Dominions,  no  more  then  the  ajfer- 
 ttne  of  generaltCouncells  to  be  above  Popes  themfehes,  by  the  leamedft  Papifts,  is  any 
 derogation  fas  they  hold  it  is  not  now)  to  the  Popes  mod:  abfolute  pretended  Sov  - 
 
 ttj  (<j)   above  ail  limp rours,  Kings,  Princes ,  Prelates,  Subjects,  and  the  World  it  ('/j  Sec />.*.£ 
 fijf,  tfvrk'u  '■■•mhirn  fole  Monarch  :  Therefore  by  the  felf-ia me  reafon,  this 
 
 1  averting  of  the  whole  Kingdoms,  and  Parliaments  power  to  be  above  the  King?* 
 
 ;  o  diminution  at  all,  much  lelle  a  denyall  of  his  Supremacy,  and  jpSt  Prerogative 
 Roy  .ill. 
 
 If'  then  tlu  Parliaments  Power  be  thus  higher  and  greater  then  the  Kings  Perfc- 
 nall  Power  and  Juriidiclion  out  of  Parliament,  it  will  neccflarily  follow'  from 
 hence : 
 
 £i:(r,  That  in  thefe  unhappy  tfifics  of  divifion  and  reparation  of  the  "Kings  *?er- 
 fonall  prefnee  (not  Icgall  which  cannot  be  fevered)  irom  the  Parliament :  The 
 Lord*  a. id  Commons  Order5,  Votes,  ••Ordinances,  made  legally  in  Parliament  it 
 i'df,  are  to  be  prefene  ■,  obeyed  by  all  the  Kingdom,  before  any  His  Majefties  Pre- 
 (lunations,  Declarations.,  Commitlior.s,  Warrants,  or  .Mandate*,  made  illegally  out 
 of  Parliament  in  aft",  orit  of  both  Houfes  proceedings  and  Decrees,  iince  when  ever 
 twodiftincT  powers  command  diftercnt  thing-,  that  are  lawfull,  or  of  the  fame 
 nature,  the  higher  Tower  ought  Hill  to  be  obeyed;  As  if  a  Mafter  commands  his 
 ig,  and  the  sXing  an-th:r  ;  or  the  Kino-  one  thin*,  GoA ]a.n.ther  ;  the 
 'Kin*  ff  to  be  obeyed  before  the  Afaflcr,  becaufe  the  Super tour  PoWcr  •    but  Cod  before 
 
 King.  htatifc'ihe%tvht(t  Pove.r,  as  the  (r)  Fathers  and  Car.onifts  refolve  mod  fr)  Sec  Gratia* 
 fully  :  And  *  Doctor  Feme  with  other  afferters  of  the  Kings  Prerogative,  not  only  «''./«  "•  T<>  p 
 erant,  fc  u:  prove ;  And  therefore  prefle  an  abfolute  Obedience  to  alf  the  Kinqs  com-  w~!  !,„<,„/» 
 tnands  againlt  the  Parliament,  onthiS  tdie  ground;  Becauie  the  King  (Gythey)  Hkr.&ifmtf. 
 isthe  hig!uft  Soveraign  Power,  and  above  the  Parliament  itfelf:  The  contrary  to  this  purpofc. 
 nvhercunto  being  now  made  evident  to  all  men;  The  Argument  fa^is  fatally  011*  Refolding  o^: 
 
 theretOj,  and  tobe  ruled  and  adviftd  thereby.    This  conclu'.ion  (though  it  may  fecm  and  otkc^. 
 a  Paradox  tomcftixien)  is  an  undubirable  vtnty  both  in  point  cf  Divinity  and 
 P otic j,  as'is-mcft  apparent,  by  th;  1  §amhr^  58.ro  46.  and  c:i%ii  to  11.  2  iVw.18, 
 
 ^3  3a3;^ 
 
106  That  the  Parliament  and  Kingdom 
 
 2,3,4.^.19.1. to  9  I  ^.12.1^025.25^.20.7,8,9.  1  C/;r.I5.l.to6.  2  Chr.io.  &n 
 ^30.2,3,5,23.^32  3.  E/?/u.i?..to2  2.  r.9. 23^0  23.  jk;^. 3 8. 4.  to  28.  £> ^.6.4. to  20 
 ffonah^q.  Ezraio.  3.8.  Ecclef.q.i$.  Prov.n. 14.  r.15.22.  r.25.5.  compared  to- 
 gether, and  with  fcfi.22. 11.  to  54.  'fudg.io'.i:  to  20.  (where  we  Hnde  the  Princes, 
 and  peopl?  alftaycs  overruling  their  Kings,  who  fubmitted  their  judgement  wholly  t* 
 them,  not  the  Kings  overruling  their  Princes  and  people  ;  )  who  as  Tofephits  records, 
 yi/Jtiqu-  Jttd&orum,  A4.  f.  1 8.  Ouvht  to  do  nothing  befides,  againfl,  or  Without  the  fen- 
 tence  of  the  Senate,  or  Congregation  ;  Whence  King  Zcdcckiahfaidunto'hi*  Princes, 
 Jere.3  8. 4  5.  The  King  is  not  he  that  can  do  any  thing  againfl  you  ;  And  in  point  of 
 La\X>  and  Confidence,  even  in  our  own  Kings  and  Kingdom,  as  is  clear  by  20  E.  3. 
 the 'Preface,  andr.  1.25  £.3.  Parliament  6.  the  Statute againfl: Provifors,  38  £.3. 
 Stat. 2.  r.1,2,3.  3  JR.i.  c.17.  and  48,  with  other  Statutes  which  I  (li all  hereafter  cite- 
 at  large,  in  anfwer  to  the  fourth  Objection,  concerning  the  Kings  negative  voice ; 
 which  Texts  and  Statutes  thofe  who  will,  mayperufeat  leifure  for  txheir  better 
 fatisfaction.  And  in  Pauls  .time,  the  higheft  Powers  in  Rome,  werenot  the  Romz* 
 Emperours,  as  ignorant  Doctors  make  the  unlearned  world  oeleeve,  but  the  Roman 
 Senate,  who  had  full  power,  not  only  to  elect  and  command,  but  cenfure,  and  de- 
 *  cvnmamtalth  pofe  their  Emperours,  and  adjudge  then;  unto  death,  as  *  John  Bodin  acknow- 
 /.  z.c.f>  ledgeth,  and  I  fhall  hereafter  abundantly  maniftft  in  the  Appendix. 
 
 Secondly,  That  the  Parliaments  refilling  of  the  Kings  perfonall  Command?  * 
 (especially  llich  as  areillegall  and  deftructive  to  the  Kingdom)  or  any  private  Sub- 
 jects refitting  them  by  vertue  of  a  publike  Ordinance  or  Countermand  from  the 
 Parliament,,  is  no  refilling  of  the  higher  Power,  againfl:  Pauls  injunction,  Rom.t^.u 
 (f)  Refolution  to  7.  as  (  f )  Doctor  Feme,  and  other  illiterated  Doctors  vainly  fancy,  but  a  direct 
 of  Conference,  fabmiffion  and  obedience  to  the  higheft  Powers  (the  Parliament ; )  and  thofe  who 
 /^T»*  ^*    refift  the  Parliaments  Ordinances  and  Commands  (  efpecially  (uch  as  tend  to  the 
 cl"ion otPfolm  prefervation  of  Religion,  Laws,  Liberties p  Priviledges  of  Parliament,  and  the 
 1  o?. if. Printed  Kingdom,  or  bringing  Delinquents  to  condign  punifhment)  though  they  do  it  by 
 at  Cambridge,   .vertue  of  any  extra judiciall  countermand  from  the  King  or  His  ill  Counfellors,  do 
 l**l%  both  in  point  of  Law,  Divinity,  Confcience,  refift  the  higher  Powers,  becaufe  they 
 
 refill:  the  Parliament  (which  is  in  truth,  the  higheft  Power,  as  I  have  manifefted, 
 not  the  King :)  and  fo  (hall  receive  damnation  to  themfelves  for  it,  either  here,  or  here- 
 after, if  they  repent  not ;  which  I  ferioufly  defire  all  thofe  Delinquents,  Papifts, 
 Malignants,  ill  Counfellors,  and  Cavaliers,  toconfid:r,  who  contrary  to  feverall 
 Orders,  and  Declaration •,  of  Parliament,  yea  contrary  to  the  Law  of  God,  of  Na- 
 ture, of  the  Realm,  have  like  unnaturall  Vipers,  taken  up  offensive  Arms  againft 
 the  Parliament  and  Kingdom,  to  mine  them,  Religion,  Laws,  and  Liberties 
 at  once.  , 
 
 Thirdly,  Hence  it  follows,  That  the  R efo lut ions  and  Declarations  of  the  Lords 
 and  Commons  in  Parliament,the  fupremeft  Court,  againft  the  Commijfion  of  Arrafo 
 Armina  of  Papifts,  ralfing  of  Forces,  impofing  Taxes  to  maintain  Wavre  againft  the 
 Parliament,  Plundering,  and  the  like,  ought  to  be  obeyed,  and  fubmitted  to,  as  law- 
 full  and  binding,,  both  uy  the  King  Himfdf,  the  Kingdom,  and  every  private  Subject 
 whatlbever  ;  and  that  the  Kings  extrajudiciall  and  illegal!  Declarations  out  of 
 Parliament  in  direct  oppofition  and  contradiction  to  thele  Rvfolutions  and  Votes 
 cf  both  Houfes  in  Parliament, ought  not  to  be  obeyed,  the  King  himfelf  as  our  Law 
 
 Books 
 
 I 
 
ate  tie  SoVeuivn  Toiler.  !<  7 
 
 Books  rtfolvc,  Btingno  (/)  competent  Judge  (tfpecially  out  of  his  Courts)  what  \  (9  •**.«•.•$>« 
 y.,r,  *r  W/wi  wo/  in  r'/VV  C4/1  s  Am  the  /'...',  II  m  nt  only.    Which  extrajudl  v  ]*  H*f  "  £ 
 
 t  nf  c<  ntrclling,  affronting  the  Refblutions  and  Declarations  of  both  Houfes,  i^,^jj£  " 
 ty  01  pofite  Proclamations,  and  Declarationa  publifhed  hilns  Majefticsname;  is  famturci  on 
 filth  a  tranfeendent  violation  of,  and  contempt  againft  the  known  priviledges,  the  M§&  dwaj. 
 d  venerable  Authority,  and  rower  of  Parliament?,  as  (1  am  confident)  no  age  ,03;  M  Lrf- 1* 
 ran  Paralell  ;   and  if  not  feverely  vindicated  iplaxy  punillnnents  of  the  Fu1 -lt 
 
 higfuft  nature,  upon  thofc  ill  Councilors,  and  corrupt  lawyers,  who  contrive 
 and  pen  them,   will  bring  this  higheftt  ^reatefi  and  mjj}  honourable  Court  (rMkrein 
 the  (//)  whole  Kingdom,  and  every  Mtmber  of it  arc refrefentei)  into  greater  con-  (Vj^iH.ar.r. 
 tempt  and  Lefletftiination  with  all  men,  (whether  Natives  or  Foiraigners)  then  the  » Mj.ci.Di  A 
 bafeft  Court  of  Pipouders  is.  No  King  nor  Subjeft  ever  yet  attempted  fuch  affronts  SiuJcm,  **■*• 
 againft  the  Rcfolutiens  of  any  Judges  in  infer iour  Courts ;  Let  no  perfon  whatfe- 
 cver  trun  pre  fume  by  pen  or  tongue,  any  longer  to  arraign  or  traduce  the  Rcfoluti- 
 ons and  Ordinances  of  this  highefl  Tribunal!,    If  Kings  or  Councilors  of  State, 
 will  in  ft  nidi  or  excite  the  Subjects,  peremptorily  to  difobcy  andcontemnethc 
 Ordinances,  the  Judgements  of  the  Parliament,  let  them  never  expecT  the  lead 
 obedience  or  ilibmiirion  to  any  of  their  own  commands,  which  are  of  lefler  credit 
 and  Authority ;  which  ail  former  Ages  have  moft  reverenced  and  fubmitted  to. 
 
 fourthly,  That  the  Parliament  and  whole  Kingdom,  being  the  night  ft  Power, 
 or  any  Member  of  the  Parliament,  cannot  i  y  any  publike  AcTs  or  Vote-sof  theirs 
 confentedto  in  Parliament,  become  Trajtors,  or  guilty  of  high  Treafon,  againft 
 the  King,  either  by  the  Common  Law8  or  the  Statute  of  25  Edir.f.  chap.2.  of  'Irc.~ 
 Jor.s,  which  running  in  the  lingular  number  5  If  A  MAN,  &c.  (That  is,  any 
 private  man  or  men,  by  their  own  private  authority}*  fhaU  levy  warrtarainfi tda 
 Kir.g^&c  it  ought  to  fe  judged  high  Treafin ;  extends  not  to  the  whole  Kingdom, 
 or  Court  of  Parliament  reprefenting  it,  (  of  which  no  treafon  was  ever  \  et  pre- 
 fumed,)  the  rather,  becaufe  the  Parliament  by  this  v«y  acT  is  made  the  Inige  of  aH 
 Trca(o;.s  thai  arc  cUnftfuff,  and  was  never  yet  included  within  the  words  or  mean- 
 ing of  any  Law  concerning  Treafon ,  and  therefore  cannot  be  guilty  of  it.    Hence 
 thedepwiitionsof  (i)  Arc  higallo  and  Emcr'i an,  two  ancient  Britijh  Kings,  by  the 
 unanimous  ajfent  of  the  Lords  and  Commons,  for  their  rapines,  oppreffions,andTyrannj,  (a)  Grsfpnt  6> 
 with  other  forenamed  Saxon  Kings  ;   and  of  Edfrard  the  fecond,  Richard  the  t-6l>6l<  G*L 
 fecond,  Henry  the  fixth,  Edward  th^  fourth,  by  Acts  of  Parliament;  the  creating  ffife.  *i2E£ 
 of  Richardthc  third,  King ;  with  the  frequent  tranflations  of  the  Crown  from  the  a„d  othfrT  *' 
 right  Heir  at  Common  Law,    to  others  who  had  no  good  Title,  by  the  whole  (b)Tm.%t$io. 
 
 folutions  in  fuch  cafes,  being  only  Tortious  and  Erroneous,  reverfible  by  other  AcTs  *$  £.3  c.z.  < 
 in  Parliament,  not  Tray terom  and  Rebellion*,  as  appears  by  all  the  fcrequoted  Sta-  ^W,  Broke, 
 bites  5  a  lxi  by  \7,  ElU.cha.  i.  which  makes  it  high  Treafon  for  any  perfon  to  affirm,  ^£  Crom;t. 
 i  That  the  tQucen  by  Authority  of  the  Parliament  of  hneland,  is  net  able  to  make  LaWs  yltj™J  m    ,zlT 
 and  Statutes  of  fuffcicnt  force  to  alter,  limit,  and  binde  the  Crown  of  tins  Realm,  and  Ch.ipr^rs  ci 
 the  Defcent,  Limitation,  lalhritancc,  and  Goucrmmnt  thereof,  and  any  mans  Title,  or  Treaty* 
 right  thereto,  And. 
 
iog  That  the  Parliament  and  Kjmdom 
 
 (c)  v/s\finghm  Anti  for  direct:  Authorities  in  this  very  point,  (r)  Robert  Trify  Han  and  Belknap 
 Hot^Grafsto  (then  chief  Jufticcs)  Holt,  Fulthorp9  and  Burgh,  Judged  Lofton  Kings  Sergeanr2 
 Sffln  and  ***  the  Kill&3  c°un^U  tfl  the  Parliament  of  «  &V£  2.  tr ere  condemned, 
 tri  £♦  2.  efrii  executed,  andbaniftedthe  Realm,  as  guilty  of  high  Ircafon,  only  for  affirming  under 
 £.i.f.j,4.  ii  their  Hands  and  Seals.  (/)  That  the  Duke  of  Gioc^cr: ,  the  Earls  of  Arundel  and 
 R.t.  c.u.  Warwick  were ;  and  that  other  Lords  and  Commons  might  be  guilty  of  high  Treafon, 
 yj)  bee  tne  p  .-  r  prQCUrim  i%  Commiffion,  and  other  proceedings  Voted  in  Parliament*  and  be  punifhed 
 titulars    more  J      K       cr  B  xxA  •  t_       •    -        V    t    •     'V    •        c  1     jp        tr      r         • 
 
 at  larae  in  2 1  for  u  M  *  ray  tors.    Which  opinion  or  theirs,  being  afterwards  affirmed  yor  Law,  tn 
 
 K  z  c.u.Graf* packed  Parliament,  21  RUh.i*  was  the  very  next  Parliament  in  1  Her.q.r.  2^3^ 
 
 ten,p.$  (*3  W  repealed,  and  the  judge  most  given  againft  thofe  Judges  for  this  Trayterous  opinion 
 
 John  Tfupds,    pending  to  the  utter  fubveriion  of  Parliaments )  refolvcdx  and  enacted  to  be  juft* 
 
 wa^lhm'™&™s(£)  J^&OO  Bci'&ap  icrefaw,  and  therefore  was  unwilling  to  put  his  Seal 
 
 Hrtinfbcd'in  10.  to  this  opinion,  faying ;  There  wanted  but  a  hurdley  a  horfc,  and  halter,  to  carry  him 
 
 &  1 1  JR.*  where  he  might  fuffer  the  death   HE    HAD     33  E  S  E  R  V  E  D  :  For  if  1  hadnvt 
 
 (g)  See  1  H.  4.  done  this,  1  fbouldhave  dyed  for  it ,  and  becanfc  1  have  done  it ,     I    DESERVE 
 
 c  3.  and  here    DEATH  far  betraying  the  Lords.    Which  makes  me  wonder  at  apaf&ge  in 
 
 %)srud  p<ta7  (0  Speed  (vshorQC ordsitjnow  frequent  in  Malignants  mouthes.  That  thi  very 
 
 Q)  HM.  p.  61%.  fi°P  Where  the  Barons  origina/1  Treafon  s  were  forged,    was    THE     PARLIA-, 
 
 MEN  T-H  O  U  S  Ei  ,    therein  from  time  to  time  they  forced  on  the  Kin^  (Edward 
 
 the  fecondj  prefumptuons  ^  TREASONOUS    ORDINATIONS, 
 
 not  otilj  to  reform  the  Kings  Houfe  and  Conn-fell  9  and  toylace,  and  diff  lace  a.&  great 
 
 Officers  at  their  pleafure  ;  but  even  claimed  a  joy  at  inter  efi  in  the  Regiment  of  the  King* 
 
 dom,  together  With  the  King,  Which  William  Inge  (a  fudge  of  the  Common  Z*w) 
 
 With  ether  like  fticklers,  trayteroufly  per f  Headed  them,  was  according  to  Law  :  Which 
 
 groiTe  (lander  of  the  Parliament  Houfc\  would  have  been  capital!  at  lead  in  former 
 
 ages,  and  may  now  indanger  the  necks  of  thofe  who  fpeak  or  write  the  fame  of 
 
 the  prefent  Parliament.    Never  did  any  of  our  Kings,  charge  any  Parliament  with 
 
 high  Treafon  hitherto ;  much  lcfTe  indict  or  wage  warre  againft  their  Parliaments, 
 
 as  Tray  tors,  though  they  have  qucftioned  and  depofed  Kings  for  offences  againftymd 
 
 being  Enemies  or  Traytcrs  to  the  Kingdom  :    Let  none  then  dare  arfirm,  That  the 
 
 Houfes  of  Parliament  are,  crcan  be  Traytcrs  now*  for  providing  for  their  own, 
 
 and  the  Kingdoms  fafety,  by  a  neceflary  defensive  Warre,  which  I  (hall  in  the  third 
 
 part  fully  clear  to  be  neither  Treafon,  nor  Rebellion  againft  the  King  in  point  of 
 
 Law0  or  Conference,  either  in  the  Houfes  of  Parliament,  or  any  that  bear  Arms  by 
 
 their  command. 
 
 Fifthly,  That  to  confpire  ©r  levy  warre  againft  the  Parliament,  or  Kingdom, 
 fatib.i+.feEl  todiiTolve,  ordeftroyit,  or  the  Members  of  it,  isnokfle  then  High  Treafon  ;  as 
 1 12  st**f.l.t  hath  been  folemnly  adjudged  in  Parliament,  15  E.  2.  in  the  Act  entitled,  Exiluim 
 t  i.f.i.  b.  and  Hugonis  le de  Spenfer,  in  i  E.g.  the  Preface^  and  cap.i.  in  11  Rich.  2.  c.  2^3,4.  and 
 1ST'  JU"  in  the  Parliament  Roll>  Panted  by  Order  of  both  Houfes,  August  27.  1*542.  And 
 /Olnaic'.7/^.^01'6  both  thefe,  in  (k^)  Clanvil,  who  declares  it  to  be  Treafon,  even  at  the 
 Tit  8.  Common  La  W,Si  quis  machinatus  fuerit  vcl  alicjuidfecerit  in  SEDITIONEM 
 
 (m)Tit.$.  REGNI  :  Agreeable  to  (/)  Vipiany  and  the  (m)  Saxon  LaVrs,  which  inform 
 yi)CiccioOrat.  us  0f  Treafon s  againft  the  Common-wealth  and  Kingdem,  (the  cafe  of  (»)  Cat  din* 
 MLfe -M  I  an°*  ^  others)  as  W'eli  as  againft  the  King;  and  to  the  Statute  of  13  Eliz.ci. 
 23  feci,  17!'  *     which  makes  it  High  Treafon  for  any  per/on  tojHrre  up  any  Foiraigasrs  §r  ft  rangers 
 
 with 
 
are  the  So<vcraizn  TcTter. 
 
 J(Ic  ti  ^  ; ;  And  if  ic  be  no  Ic  fle  then  high  7 1 
 
 er  or  any  of  the  J*dgerf  or  Inflict* 
 I  Terminer,  being  in  tbeirflacti  doing  their  Opes  (though 
 by  the  Kings  command;  as  is  clear  by  25  E.  j.«  •.  2.  and  all  our  / 
 
 hm  ;rcn  11ft  ic  be  high  Treafonagainft  the  King  and  Kingdom,  to  wane 
 ibehigh  ft  Court  of  Parliament,  or  flay  any  Member  of  ir,  fordoing  their  Offices 
 |ncjt         ,  ift  Commands.   Ir  bare«ikG«unceilii 
 
 hath  (o  frequently  been  adjudged  high  In  irift 
 
 .irli.imcnts^  as  appears  by  the  fortci'ted  Hiftor  if 
 tyenferf,  Alexander Nevill,  J>e la  Polo,  Tryfitiau,9nd others  ;  th.n 
 ■whit  is  it  tomhcouucell ,  andaflift  him  to  make  an  offeofiv*  War  api  .ft  his  Par- 
 liament Kin  gaVm,  r^ple,  for  to  ruin^  ^^  mult  be  high  Treason 
 ft  KingandReahn  in  the  fupcrlative  degree.  If  the  Parliament  a.-.d  Kingdom 
 ed  ,  or  iheir  hearts  blood  fhed",  their  vital!  fpiritsLt  ou:  by  an  ounaturall 
 War  againft  them;  the  King  hirafelf  (atlcaft  in  his  royal!  Capacity  2s  King)  and 
 hisroyaUpofterirytco,  muft  neceffirily  be  unkinged,  and  overwhelmed  in  their 
 is.;  but  if  the  Ki  gdomftand  and  (ijuriih  (for  whole  Pease  and  fafety  Kings 
 thv.mf.ives  ought  n  >t  onely  to  lay  down  %b*ir  Crowns^  but  *  lives ,  as  Cbr'ift^  the  *  Ring  *  John  to.  toj 
 -/  Ki          .    refolved,  and  the  HtgbPriefi.  $00^)  thoughthe  King  flioulddicor  pe-  "'^'f '** 
 rifli  f as  jtf *  A.":/.' ;              r«  and  will be  mortill)  yet  their  pofterity  m 7  enjoy  the  J^c v '  _ 
 Crowo,and  reign  in  honour,  in  prosperity  alter  their  death,  which  they  cannor  do  ft  19.16. 
 if  theK?ngdom  perifh.    Therefore  all  thole  MalignantS,  PapifiSj  Delinquents ,  and  *l  '^^' 
 others,  who  have  molt  unnaturally  taken  up  arms  agaiuft  the  Parliament  Hid  K 
 dom  to  diilblve  and  ruine  them ,  though  by  the  Kings  own  illegal!  Commmilfion  or 
 Command,  are  not  onely  Arch-traytorsto  the  Parliament  and  Realm  alone,  but 
 m&  to  the  King  himfell  and  h:s  Pofterity  roo  ,  in  the  very  judgement  of  Law  ; 
 vvhofe  blood  is  died,  whofe  Crown  and  Royalty  fujverted,  ruined,  in  the  bl<  Kjdilu  d, 
 ruin.            rcion  of  his  Parliament  Kingdom,  people.     As  it  is  in  theuatu:  A\  ,  f> 
 likewise  in  the  politick  Body  ;  a  mortal!  wound  in  any  pa  body,  kills  borh 
 body  and  head ;  the  body  natural!  or  politlckc  cannot  die  or  mifcarry  >  but  the  I 
 muft  do  fo  like  wife  5  therefore  this  War  againft  the  Parliament  and  Kingdom .  muft 
 in  point  of  Law  and  Conscience  too,  be  aWaragainft  the  King  hh;  chiet  po- 
 litick he  id  and  member  of  them  both,  from  which  be  cannot  legally  be  ieve.d,  and 
 high  Treafon  atleaft  againft  them  both,  as  the  Parliament,  the  lole Judge  oiTreaforis 
 bath  refolved  long  fince  in  their  *  Declaration  of  Auguft  18.  1642.  in  th  fepofittve  *  *ncxa&ccft 
 words  5  The  Lords  and  Commons  do  declare  ,  That  allfiscbpcrfr.  ^c  ?* 
 tare*  tvb  ttfiever9 .1  fifl  bit  A£ijefly  in  t>.  U  n\ir9  r/itb  Horfc,Arms,  rUteior  Mmey^  A  R  l 
 TRAYTORS    TO   H  IS  M  A  JESTIE,  TH  E   PA  ft    i     WENT 
 AND   THE   KINGDOM,  and  JbaUM                                                          ,j-r,r  ,;2| 
 .  :  which  they  have  iince  founded  in  fundry  other  Declarations  and  /.,-,-            I  in  his 
 pichmcnts. 
 
 In  brief  j  the  Gunpowder  plot  in  3.  JaM  tob'cwnp  the  Parliament  B 
 was  then  adjudged,  rei  jived  by  the  Parliament,  *  JCwrg-ai  \ ;?,  to  be  high  Ti ca*  t0^Si  7  j- 
 
 againft  the  iO'^,  but  Parliament  and  Kingdom  too :  and  ro  blow  up,  or 
 
 :;3  is  queftionlei  . 
 :om.    Yea,  i 
 
 c<  7 
 
1 10  That  the  farliamtnt  And  Kingdom 
 
 c.  7.  declares  thofe  5  who  frail  claim  the  Crown  even  of  right  5  in  any  other  manner 
 then  is  limited  by  venue  and  authority  of  that  A&  ,  after  the  Kings  death  ;  with  all  their 
 Counfcllors  and  abettors  3  to  be  deemed  and  adjudged  HI  GH  TRAITOURS 
 TO  THE  RE  A  LM  ,  f  not  the  King)  and  Jucb  their  offence  to  be  refund 
 Hi  G  H  T  R  E  A  S  O  N ;  an  J  they  for  it,  xofufftrfucb  faint  of  death  and  forfeiture 
 of  Lands  and  Goods^  as  in  any  cafes  of  high  Treafen  is  ttjed^  onely  becaufe  it  might  in  com  * 
 won  probability  ingender  a  Civil  war  and  Uiffentioxs  in  the  Kingdom  ,  to  the  defer  uclion  of 
 tbeptofk  and  their  pofter it ies ;  much  more  then  muft  it  be  high  Treafbn  againft  the 
 Realm;and  thofe  High  Trait  ours  who  now  adually  wage  War  againft  the  Parliaments 
 ^the  Kingdom ,  and  deftroy  the  Subje&s  and  their  eftates  in  divers  places,  which 
 
 *  ftr.ri  f  zU.  they  hive  burned,  fackedj  ruined.     I  read  in  *  Fibim ,  thac  Eguiran  y   chief  Conn- 
 
 cellour  to  Philip  the  third  of  France  5  was  judged  to  death ,  and  hanged  on  the  Gibbet  at 
 Paris,  fori  re  ifon  againft  King  Philip  and  the  R  E  A  L  M  O  F  FRANC  E,  as  our 
 Powder  Traitors  were  executed  for  highTreafon  againft  the  King  and  Realm  of  Eng- 
 land oi  late^ndGaveJlcnwkhthQSpenfers  heretofore,, 
 
 BycheStar.of  1E.3.CI.  5X2.C.6.  11.R.2.C.1.3.  17 .R.i.c&ii.R  2.c.  2.4.20, 
 .3.  H.  5.  Stat.  2.  c.  6,  &  i.  Mari&  c.  6.  certain  offences  are  declared,  and 
 mad j  bigfa  Treajon  ,  and  the  committers  of  themj  Traitours  and  enemies ,  not  one- 
 ly ,  to  J  and  againft  the  King,  but  likewife,  TO,  AND  AGAINST  THE 
 REA  L  M  :  and  in  particular  •  the  illegal!  indie? ing  of  feme  Lords  t)  deftroy  them*  m 
 guilty  of  highTreafon  3  for  procuring  a  CommiJJion  in  Parliament  fuppo fed  prejudicial!  to 
 the  King  and  his  Crown^  in  10  R.  2,  c.i.  and  the  oppofing  and  annulling;  of  that  Com- 
 mifjam^  and  of  feme  Prcctffe^  Judgement  s^  Executions  ^madst  given  3  and  affirmed  in  feme 
 oftbefe  Parliaments,  raifing  forces 3  and  leavyhg  war  againft  the  Parliament ,  and  Mem- 
 ■  *  c  t-_  ,  bm  of  it  to  deftroy  tbcmjvere  then  *  adjudged  high  Treafbn  both  againft  the  King  and.  TH  E 
 
 HAinfj.  Fotoor,  R  E  A  L  M  (though  done  by  the  Kings  exprefe  Commifftm  and  command:  )  The  reafbn  is, 
 GrjfioM,  stow,  becaufe  the  King  himielf  and  the  whole  Realm  in  judgement  of  Law,  *  are  ever  Ugal- 
 mIT  i^'r'  ^  Prefe?lt  in  wdwitb  M  Parliament  when  they  fit  f^s  I  have  already  proved)  where  eve* 
 fcrii*.         '"  tk*  Kings  per  fen  is  5  and  his  royall  legali  will  (  of  which  alone  the  Law  takes  notice  ) 
 
 *  See  here  f,  iseyer  prefumed  to  concur  with  his -greate-ft  Council  the  Parliament ,  againft  wbofe 
 as  1.2  is.  jj  PrivJledges,fafety3  and  protection  he  neither  can  nor  ought  by  Law  or  ri^fct  to  at- 
 tempt any  thing;  and  if  any  per  {ora\\  Commands  or  Commi  (jhns  o(  ihe  King,  under  bh 
 great  Seal,  to  do  ought  againft  Magna  Chart  a  3  the  Subj  Ms  liberty,  fafety,  property }  the 
 Parliaments  Priviledge;^  the  Common  or  Statute  Laws  of  the  Realm  (  all  whicP3*ogether 
 with  the  Kings  Coronation  Cath3snd  the  Prologues  of  molt  oli.Par4iaments  exprefc 
 }y  prohibit  xhtlevyingof  war  Jelling,  wounding^murihering^imprifoningy  difenberiting^ 
 robbing,  or  plundering  of  the  Suhje6b5  without  le  trail  triaU  or  convi&ion,  as  do  the  Sta- 
 tutes of  2  R  2.c,j.  1  E.5X.6.  1  H.^cX".  which  prefcribe  exemplary  punifhments 
 againft  fuch  Plunderers  and  Robbers :  efpeciaily  the  Welchmeny)  hTueout  to  any  psrfon 
 or  periods  whatfoeverDeipsci3']y  to  raife  forces  or  levie  war  againft  the  Parliament  or 
 Snb];6h,  they  are  meerly  void  in  Law  3  end  wi'J  rather  aggravate  then  extenuate  the  guilt 
 of  thofe  who  obey  or  execute  than :  as  is  clearly  refolved,  not  onely  by  42.  ^ff.p.  ?•  1  2e 
 Srooie  ComraifTions :  1  5. \6,  Cooke 7.5. £  50^i.l.7.f.l6^j.l.t.fi2$.to  129.  but 
 likewife  expreftya  udgedandenaftedby  the  Statutes  of  15  -E.3.5/.1.C1.5.42  E3. 
 rl^.  1 1  R.2.ctijo6.  21  Jac.c.i.  the  Petition  of  Right3  %Caroli.  28.  E,  2.  Artie. 
 
 -3er.Cha:ta$c\2.  ^E.^.  ^4.  5^,3.  c,2,  z^E.^c^ia^  34^3.  c.2,  and  generally 
 
 by 
 
are  the  Sovcraign  Tcwtr.  i  1 1 
 
 by  all  Statutes  concern!  m',  *  Purveyors:  by  the  memorable  oM  Scitute  of  15  E.?.  *  ,cc  • 
 Stat.i5  If  any  Miniver  of  t<  (it  ion  finer  be  hrt  door  Abridgment, 
 
 come  aiainft  any  point  0  t  t        i  Charter  ,«•  other  Statuter+riht  Ljwj  of  the  L  ui-Ll  efi  iH  ife.  1  *tvt 
 anfmr  totbe  Parliament ^  as  well at  the   SllTK    OF    THE    KING,  as  2< 
 »f  the  parcie,  A  S    FAR    FORTH   W  !  1  E  R  E   I  T   W  AS    DO 
 BY    COMMISSION     OR    COM  M  A  N  D  \\  E  N  T    OF     T  H  E 
 KING.j/"/  /"«  •*»  authority  '■  And  by  that  parallel  good  I  a  .v  r  corded  by  *  Fabi  m  1 
 trnek  in  Parliament  in  the  ri.it  yeer  ( i  '\\iMg  Henry  the  fourth  ;  That  no  Lord z  nor  other    ^m  7  W ' 
 perfonof  no  degree ^fhould  after  tb  it  d  ty  la/ for  bit  exenfe  (as  lumc  then  did)  any  c  mflrasat 
 orcoalling  of  bis  Prince  in  executing  of  any  wrong  judgement  y  or  otlxr  criminnts  or  ?e>lirr- 
 fitll  deeds,  fafmg  \  That  fir  feat  iht)  diifu  not  oti  ■rnrifc  do ;  for  fstcb  excufe  after  tl  is  d  ,y 
 
 SHALL  sfAND   HIM  IN  NO  STEAD.    And  in  thi*  Parliament, 
 
 H  ill  was  judged  to  I  s  drawn  from  the  Tower  of  London  unto  Tibnrne  5  and  there  to  be  *  Pabum . 
 
 likevvife  the  Dukes  of  Afw.ro!,  Surrey,  Exeter  ,  rvii  b  other  Noble-men  5  r;ere  deprived  of  593- 
 their  Dukedoms ,  ofntofi  of  their  L  mds3  C a files 3  Honours  3  for  having  a  finger  in  this  Dnfys 
 fitffucation  and  death  by  2w>7£  Ptichards  infiigat  ion  and  command  ,  (and  had  loir,  their 
 heads  too  if  the  common  people  had  been  char  Judges ,  who  murmured  againii  King 
 Henry  for  fpar'mg  their  hies  )  35  you  may  read  in  *  iValfingham  and  Speed.  *  ffiff,  p.  402, 
 
 if  thefe  then  who  murthercd  but  one  good  Peer  of  the  Realm  by  the  Kings fpeciaH  com-  40 j.  Speed  />2 
 mand,  for  his  good  fen  ice  done  in  former  Parliaments  ,  after  an  illegall  judgement  of  high  76" . 
 Treafon  given  againft  him,  were  thus  hanged,  quartered  ,  degraded  as  Traytors  by  a  folemn 
 Judgement  in  Parfiament  j  how  fevere  a  cenfure  may  they  expect ,  who  without-  and  before 
 any  fuch  conviclion  or  fentence  ,  have  taken  up  ofivnfivc  Arms  1  er  and  deftroy  the 
 
 Parliament  it  fclfand  chiefe  Members  of  it  as  Traitors,  and  caufed  them  or  any  of  them  ille- 
 gally to  be  proclaimed  Traitors,  the  more  colourably  to  againft  them?  All 
 which  I  would advife  His  Majefties  Captains,  Cavalliers ,  and  ill  Counsellors  to  confider, 
 The  rather,  becaufe  all  levying  of  War  either  againft  the  King  ;  or  again!}  the  Kingdom  and 
 
 I  Parliament,  (now  made  a  matter  of  high  Treafon  en  both  fides)  mull  and  ought  to  be  deter- 
 mined and  refolved,which  of  them  is  liigh  Treafon  and  which  not ,  and  the  pa:  ties  guilty  of 
 it,  mult  and  ought  to  be  tried,  arraigned,  judged,  and  condemned  for  i  Far  • 
 
 -,  and  in  and.  by  no  other  Conn  tr  Judges  ,  as  is  punctually  rcfolved  b\  the  feverall  Stai 
 of  11  £.2.^1.1.3.4.   21  R.z.c. z. 3. 4. 11. 20.  8H.4.C.10.  and  the  very  words  of  the  Statute  of 
 2?  £.3.  c.z.  of  rrw/offj,  efpecially  being  a  new  cafe,    if  then  the  Pailiament  are,  and  mu! 
 the  onely  judges  of  this  queftion  ,  Which  of  the  two  forties  mvo  in  Arms  are  Ttakors  ?  and  the 
 
 inrt  wherein  a!t  murt  be  tried  en  this  point ,  they  may  eafily  judge  who  are  and  muft  be  the 
 Tiaitors  in  this  cafe;  and  thofe  who  by  the  Kings  meer  perfonall  command  andprefencc 
 [  whom  they  have  treacherously  withdrawn  from  his  Parliament  )  fight  now  both  againft 
 Parliament  and  King  in  his  legal!  and  regall  capachie  ,  when  the  time  of  trial!  comes  ,  Will  be 
 found  reall  Traytors  both  to  Kingand  Kingdom  (what  ever  their  own  fgnorance^temporizing 
 Lawyers,  or  hopes  of  prevailingly  now  fnggeft  unto  them)  as  the  Parliament  hath  already 
 declared  them  in  fund'-y  Remonitranccs.  In  the  Parliament  of  1 5  E.z,  the  two  Spenfcrs  were 
 by  a  *  fpcciaU  AH  of  Parliament  a  {judged  YfpJtors,  '  t  e  i>  for  *  txliiu-n  y,  1 
 
 ■Kifccun/cllifig  this]  Kjng  ,  and  advifing  htm  to  riic  with  armed  Troops  efberfes  and  men  into  Glocefrcr-  g0m  'c  I 
 hire  to  ajfault  the  good  people  there ,  And  n  late  wm  withi  lm,  to  the  . 
 
 ind  people,  contrary  to  the  form  of  the  great  Charter,  and  brtg&  of  the  peace  0+  the  Real*  :  W  hat  fevere 
 
 I ndgement  then  may  thofe  ill  Counfellors  and  Cavalliers  defeive,  who  have  actually  levied 
 M   j  War, 
 
1 12  That  t  he  parliament  and  Kingdom 
 
 war ,  not  oncly  agai&ft  the  County  of  Gloccjier  ,    (  which  they  have  pitifully  harrowed  and  " 
 foYSeetheRe-  Spoiled,  contrary  to  all  Law  ,  jacking  (p)  Ciceflcr  to  its  utter  mine,  and  leading  away  the 
 la -ion 'of  the     good  people  thence  captives  to  Oxford  in  triumph,  for  the  molt  part  barefooted,  through  dire 
 A  Cilefler  end  mire,  in  the  cold  Winter  feafoti,  chained  together  in  ropes,  more  like  to  Tqrkifh  Gaily- 
 flavesthen  Englifh  Chriftian  Subjects;  oncly  for  this  new  kinde  of  fuppofed  Treafon  and 
 Rebellion,  the  defence  of  their  Liberties,lives,and  goods,  againft  thceving  Cavalliers,  (which 
 fi  Pit*  Comr*     r^e>'  may  t'e^en^  by  Ld>v»  *  m&  infofie  &*  kitting  of  all  tkofewbojhatt  violently  aJfattU  tb-m  or  their ' 
 10 <  ziV"     koufesy  to  rob  them  of  them  )  denying  them  fo  much  as  a  draught  of  cold  water  to  quench  their 
 ;  'r.g  2  ^  x  -  ,q[     thirft  by  the  way,  and  keeping  off  all  who  would  give  it  to  them  ,  many  of  them  being  fines 
 Stamford  /.ir>  #ead  at  Oxford  of  famine  and  more  then  barbarous  ufage,  but  likewife  againft  molt  Counties 
 j  2, 1 3 .    2-1  H.  an^  many  Towns  of  England ,  (  miferably  waited,  facked,  pillaged ,  and  fome  in  cold  blood 
 7.39.  24  H  .8.  burned  by  them)  and  the  whole  Kingdom  ,  Parliament,  yea  King  himfelf  in  his  politick 
 £.5   Cwfe  I-  i*    Capacitie ;   and  railed  an  Army  of  Papifts  againft  expreffe  late  Acts  of  Parliament  j  who  not 
 f.  5  1.  5 1.  •;  1 .       oncly  now  fet  up  their  long  exploded  MafTe  opeuly  in  Torfcfhire ,  Reading ,  and  other  places, 
 but  (which  my  very  foul  abhors  to  think  of)  have  lately  in  a  moll  impious  manner,  Shit 
 .  upon  the  Englifh  Bible  in  folio ,  defaced  and  burnt  many  Teflaments ,  and  godly  Englijh  Booths ,  infofm 
 Hamonds  houfe  (a  Bockfeller)  in  Maryborough,  when  they  facked  it,  in  contempt  of  our  Reli- 
 gion, letting  the  chimney  on  fire  with  their  exceffive  flames;  and  if  reports  be  credible,  have 
 {{ nee  burned  di  vers  Englifh  Bibles,*  with  other  good  Books,  in  the  publike  Market  place  at 
 Fcading,  under  the  very  Gallows,  in  defoliation  of  our  Proteftant  Faith  ,  whofe  utter  extirpa- 
 tion is  their  chief  defigne.    Certainly,  if  thefe  ill  Councellers,  or  murdering  Plundering  Ca*- 
 yallicrs  once  come  to  a  legall  triall,  a  Gallows  will  be  too  milde  a  punifhment  to  expiate  fucb 
 a  prodigious  high  Tre&fin ,  which  former  ages  can  hardly  parallel ,  efpecially  if  they  peifevere 
 -  therein .    But  of  this  more  hereafter. 
 
 Sixthly  ,  Hence  likewife  it  neceffaiily  follows,  that  the  Koufes  of  Parliament  being  thff' 
 
 1  Soveraign  Power,  ought  of  right  to  enjoy ,  and  may  when  they  fee  jiift  caufefor  the  Ki  g- 
 
 doms  fatety  and  benefit,  order  the  Mili:ix,  Navy,  Ports,  Forts,  and  Ammunition  of  the  Realm, 
 
 anddifpofe  of  them  into  mch  perfons  cuftodies  as  they  may  fafely  confide  in  •  nominate 
 
 and  ele&,  both  the  great  Counfellers,publike  Officers,  and  Judges  of  the  Kingdom ;   of  right 
 
 require  ,   ( if  not  enforce  ,  if  wilfully  denied  )  the  Kings  Affent  to  all  publike  Bils  of  Right 
 
 and  Juftice ,  necefifary  for  the  Common-weal  and  fafety  of  his  Subjects ,  in  which  the  King 
 
 hath  noabfolute  Negative  voice ;    take  up  defer. five  Arms  to  protect  their  Privileges,  Laws, 
 
 liberties,  and  eftabiiihed  Re'igion  .  not  onely  againft  Malignants  and  Popiili  Recufants,  but 
 
 the  King  himfelf,  if  he  raife  Forces  againft  them,  make  war  upon  them,  againft  his  Royall 
 
 Oath  and  duty,  declaring  himfelf  an  open  enemy  to  his  Parliament  and  kingdom  ,  That 
 
 q  fern  A  CO  they  may  lawfully  in  cafe  of  prefent  ruine  and  danger,  without  the  Kings  concurrence  ,  when 
 
 MlTITS  1  N^he  fhall  feparate  himfelf  wilfully  from,or  fet  himfelf  againft  them,  (which  the  QEftates  of Ar.i- 
 
 i  TEMPESTI-  gok  held  A  W  ICKEDNESSE  in  their  King  Aljovfo  the  third:)  impofe  taxes  on  the  Sub- 
 
 'VE    DISCE-  jcct,and  diftrairi  theirgoods,  imprifon,  confine,  fecure  their  perfons  for  the  publike  fafetie. 
 
 -  '  mfl      fence,  in  the  next  parts  of  this  Difcouife. 
 j  \6tnrm  facum  '  l 
 
 v;?i- 
 
 ron.  '    , „ _, , _: 
 
 aJVerntn  '# 
 
 A   i».(J6mcnr« 
 
 61.  Errata  arid  Omiffipns  in  fome  Codies, 
 
 Page  15/.43.  for  Lav/cs  read  Cowpi    p.40.1.22.  .  p.4£« 
 
 id  p.  5 r,  1.2o.  Eleventhly,  r.  : 
 
 Finis  Partis  Prims:, 
 
fsOVERAIGNE  POWER  I 
 
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 PARLIAMENTS  &  KINGDOMES.  % 
 
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 £  Second  Part  of  the  Treachery  and  T)i/loialty  of  J 
 
 -?£-  fPrf/»j/?i  to  their  Soveraig'us.  ^ 
 
 fc-   Whcrehnhe  TW/awpwtt  and  l\tnidomes  ^tfand  Zwrfrf/?  iw,  and  ^ 
 
 ^    /"savr  or<7  the  Militia.  Ports,  Forts,Navy,  Am  nunition  of  the  Realme,  to  -jjfc 
 
 $£   dfpofeof  them  unto  Confiding  Officers  hmds,  in  thefe  times  of  danger  i,  Their  ^ 
 
 J£>-    Rrgfeand  fnterefi to tumitwetai  ti/e8  all  neidfttComtrandas,  to  cxercife  the  M)\ixi&  -^ 
 
 .at    for  the  Kingdom.!  fafe'j, an  I  defence  '■  As  Ilkcwiff  ,to  Recommend  and  make  ckoife  of tb?  .2 
 
 * 
 
 Lord  Chancellor,  Keeper,  Treafurer,  PrivySeale,  Privic  Counfellurs,  Iudgcs,  and  ShenrFes 
 
 $f  tbe  KJngdome,  ll'i.-.nth  y  fee  juftCaufe:  Together  with  the  Parliaments  late  Allcrtion;  ^* 
 
 •3£k  i*g  bath  no  alfulme  Negative  VmCt  in  pafng  publicly  Bi'.U  of  Right  and  Iuflice,  -2£» 
 
 jcr  the  fifcty,  peace,  and  common  benefit  oj  his  People,  when  both  Houfes  deeme  J*> 
 
 r&  tbtM*tttffizy  and  jvft  i  ate  fully  vindicated  snd  confirmed,  by  preg-  io 
 
 «pjn  nam  Rcafons  and  variety  or  Authorities^  for  the  fatisfac*ti-  -*|sj» 
 
 wr^  on  or  all  fiialignmnt ,  Papifls,  Royallifls ,   who  3^, 
 
 \U  unjuftiy  Ccnfure  the  Parliament  pre-  tz\ 
 
 j+b?  ceedings,  Ci.mr.es  and  Dula-  "5^ 
 
 '"*£  rations,  in  cheie  Par-  v^ 
 
 I —  »■ 
 
 Judges  iO.  i.  2  8  9   ro    it.  J^ 
 
 ^nf     Tben  all  the  Children  of  Jfraelrvcnt  out,  a:id  the  fingregztiomat  as  fathered  together,   as  cne  man3from  ^ 
 
 Dun  cv:n  t<j  Bcerfljcba,  (?c.  And  all  the  PopU  aroje  as  one  m  in ,  ft)  i><g ;  JVewiUn4t  any  of t<A£oeto  "^" 
 
 hL  Tent  5  KtitberwiU  rveanyofm  iur::e  into  hn  H'mjl  \  Bur  now,  this  iia'lbc  the  thing,  that  toe  will  -?rm 
 
 doe  to  Gibcab ;  We  ivtllgoe  up  by  lot  cguv.fi  it    A  na  wt  twill  tatet  ten  men  of  .a::  hundred,  throughout  ^T 
 
 *j£  be  Tribss  of  Ifiael  -3  an  dan hundred  of  a  thou/and,  and  a  tbiufard  tut  if  tin  thovfind,  to  fetch  4?£~- 
 
 I  pcople>  that  they  may  doc  to  Gtbiib,  according  to  all  the  felly  that  they  have  wrought  ^y 
 
 in  3fratL  "SS* 
 
 Judges  if.  5.6.  it.  J^£. 
 
 And  it  rxas  fa  when  tbecbddren  c/  Amman  ir.idewarre  gtinfl  ifratl,  the  Elders  cf  <J  lead  [aid  untoTo-  jgu, 
 
 \  Come, and btiurCajttaineyibit we  mij  figbt  with  tb? chit jr<ncfAmM$»>  &c.  Then  Jeptbib  ^ 
 
 xzcr.fwiihtht  Elders  oj  GiUadtand  V  HE    PEOPLE     CMADE     HIM     HEAT)     AST>  h?£ 
 
 CAfTALXE     OVER     THEM.  *L 
 
 $  iS:-m.  H.r4  ^ 
 
 Vg*     Andthel\irg  faiduxt*  the  people  JV  HAT    iEEMETH    T 0  V   BEST,  J   WILL    'DOE*  -fg? 
 
 '  ^      Then  ZedcshUb  the  KJngfaid unto  the  Princi ; ',  Behold, he  isin  j our  hind  ',   FOR    THE    K*  N<?  3p" 
 
 ?t     IS  HOT    HE   THAT    CAN.     DOE   ANT    THING    AGAINST   TOT.  ^ 
 
 *£     -S.. 
 
 J&.    Icisthis  28th.  day  of  March,  1643.  Ordered  by  the  Committee  of  the  Houfe  of  £fr 
 
 \  3t*        Commons  in  Parliament  concerning  Printing,  that  this  Booke  intituled,   The  So-  gT 
 
 veraigne power  of  parliaments  andKiKgdonses^  be  forthwith  Printed  by  Michael  ^* 
 
 nJ"         Sparse.  Senior.  John  White,  ~f&' 
 
 ^   — L_^ , _ 1^. 
 
 ^S.  Printed  at  London  by  j.  D*  for  Michael  Sparke,  Senior.    1643,  3^. 
 
/&S   x*v    x^   j*- 
 
 .&v    /'XN. 
 
 To  T^  'Reader. 
 
 Ourtcow  Reader,  our  ufuall  Proverbe concerning  Set- 
 ence-.  That  it  hath  no  enemies  but  Ignorants^  is  in  a  grcai 
 meafure  now  verified  concerning  the  Proceedings  of 
 this prefent  Parliament  $  that  few  or  none  malignant- 
 ly clamor  againft  them,  but  fuch  who  are  in  a  great 
 degree  Ignorant  of  our  Parliaments  jtift  Soveraigm* 
 Authority-,  though  many  of  them  in  their  own  high- 
 towring  conceits  deeme  thcmfelves  almoft  Qmni- 
 fcients, and  wifer  than  an  hundred  Parliaments  com- 
 
 pared into  one.  Among  thek  Anti.parliamentallMomufes,  there  are  none 
 
 more  outragioufly  violent  (Papifts  onely excepted )  [^exorbitant  Difcourfes^ 
 
 and  violent  Invettives,  againft  this  Parliaments  Soveraigne  power ,  Priviledges, 
 
 Order s,RemonjlrancesyRefolmionssxh^Vi  a  Company  of  feemingly  Scient, though 
 
 really  *  i^m^felfe-conceited  Court-Dottors,Prieftsy  and  Lawyers,  who  have  *  ®0jU™Z?\ 
 
 |b  long  ftudicd  the  Art  of  flattery,  that  they  have  quite  forgot  the  vwyToZnliXl- 
 
 Rudiments  of  Divinity,  Law, Policy,  and  found  out  fuch  a  Divine,  Legall,un-  ^m,  vixai 
 
 limited  abfolutc  royall Prerogatives  the  Kings  and  fuch  a  mod  dejpicable  Im-  ^^aT 
 
 potencie,  Inanity,  yt^L  Nullity  in  Parliaments,  without  his  perfonall  prefence  Erafmis,  * 
 
 and  concurrence  with  them-,  as  was  neverheard  of  but  in  Utopia,  if  there; 
 
 and  may  juftly  challenge  a  Speciall  Scene  in  the  next  Edition  of  Ignoramus. 
 
 What  Godhimfelfe  long  fince  complained  ofF^*  My  people  are  ^Jlroyed  ^Q^x^ 
 for  lacke  of  knowledge-  may  now  be  as  truly  averred  of  the  people  of  England, 
 (feducedby  thcfcblinde  Guides,  or  over- reached  by Iefuitically  Policies, )they 
 aredeftroyedforwantofknowledgej  even  of  the  Kings  juft  circumfenbed 
 Prerogative-,  of  the  Parliaments  Supreame  unlimited  Authority,  and  Unquefiiona- 
 ble Priviledges*, of "their owne Hereditary  Liberties, and  Native  Rights:  of  the 
 Law  of  Cod,  of  Nature,  of  the  Realme  in  the  'points  now  controverted  betwecne 
 ICingmd Parliament; o£ theMachiviliandeepe  Plots  of  Priefts  and  Papifls 
 long  fince  contrived,and  their  Confederacies  with  forraign  States  (now  vidbly 
 appearing,)  byfecret  Pratfifes,  or  open  violence,  to  fet  up  Popery  and  Tyranny , 
 throughout  our  Realmes  at  oncej  zndby  falfe  pretences,  mixc  with  deceitjull 
 Protejlations,  to  make  our  felves  the  unhappie  Inftruraents  of  our  Kingdomes 
 fiavery,  our  Lawes  and  Religions  utter  ruine.  The  Ignorance,  or  Inadvertency 
 of  thefc  particulars,  coupled  with  a  Popijh  blinde  Obedience  to  all  royall  Com* 
 mands  though  never  fo  illegall5  out  of  an  implicit  Faith,  that  whatever  the 
 Xing  Commands  (though  againft  theexprefle  Lawes  of  God  and  the  Realme 
 and  Refolutions  of  both  Houfes  of  Parliament)  may  and  ought  to  be  obeyed 
 without  mtraditftM  or  nfpn^  <*s  fomc  new  Doftors  ceach;  hath  induced  not 
 
THE  EPISTLE  TO  THE  READER, 
 
 onely  many  poore  Ignorant  Englijh  and  Weljh  filly  loules,  but  like  wife  fun- 
 dry  Nobles  a  nd  Gentlemen  of  quality,  very  unworthily  to  engage  themfelves 
 in  a  moft  unnaturall  deftru&ive  warrc,  againft  the  High  Court  of  Parliament, 
 *  cari  funt    and  their  *  Dearefl  Native  Country ,  to  their  eternall  infamies,  and  ( which  is 
 $arer}tes,cari  aimoft  a  miracle  to  confider;  to  joy ne  with  the  Iefuiticall  Popijh  Party  now 
 qutfaS"'  in  Armes  both  in  England  and  Ireland,  and  fome  fay  under  the  Popes  event 
 W,  fed  omms  standard)  not  onely  to  fubvert  their  owne  Lawes  and  Liberties,  but  the 
 tawPatfil  ve  ry  Protifiarlt  Religion  here  eftabiihed,  which  they  profeffe  they  fight  for. 
 unacompiexa  In  this  deplorable  warre  many  thoufands  have  beene  already  deftroyed, 
 ehproqm    and  the  whole  Kingdome  aimoft  made  adefolatewilderneffe,  or  like  to  be 
 TZtmmerjt  foerethis  Spring  pafie  over-,  and  all  onely  for  want  of  knowledge,  in  the  pre- 
 c^un.ftu  mifes,  which  would  have  prevented  allthofe  Miferies  and  Difir  actions  under 
 ^SlXr-  which  we  now  languilh  aimoft  to  defperation,  and  e'eath  itfelfe. 
 firt'iw 'lie'      To diflip " te tHefe blacke  C  louds of  Egyptian  Darkeneffe,  fpread  over  all) 
 tun  irmam-  t^e  Land,diftillirg  downe  upon  it  in  jhowres  ofBloedinltetd  of  J  prill  drops 
 t^TfViTl '  c-f  ^'ine,(and  I  pray  God  they  make  not  all  oar  May  flowers  of  a  Sanguine 
 Vatriam.&iv  dye  J  I  have,  (alter  a  \ongfad  Contemplation,  of  my  deare  Countries  bloody 
 Mjunlm  de-  xra^d/es)  at  the  fpeciall  Reqwft\  >f  fome  Members  of  Parliament,  (according 
 <?  fuYit%  <&  to  my  make  Ability,  zndpw  tlourcs  vacancy  b  om  other  diltraam  :  Imploy- 
 fierum,  Ci-  merits)  haftily  compiled  this  undigeftcd  enfuing  Tr-*gment,  with  the  pre- 
 cSjUi.p^i4, ceding  £r^£  thereof, and by  f/tf/>  Authority,  publiflicu  that  in  difmembred 
 *  Parts^which  by  reafon  of  its 'difficultie  to  the  Printers,?*,  urgencie  of  prefent 
 publike  affaires  now  in  agitation,  I  was  difablcd  ro  put  fjrth  (together 
 wuh  the  remainingmember)  in  one intire  Body,  as  I  defired.Bepleafed  there- 
 fore kindly  to  accept  ihztin  FrcJwns,  for  the  prefent,  which  time;  .Qneljr 
 muft3and  (God-  willing  jfpeedily  (hall  com'pleatj  which  by  Gods&'leffing; 
 on  it,  may  prove  a  likely  meanes  to  comprimife  our  prefent  Differences-  and 
 re-eflablifh  our  much  dejired- Peace-,  together  with  out  fi e/igion,Laives, Liberties 
 in  their  Native  purity  and. glory;  (the  very  Crownes.,  and  Garlands  of  ouj. 
 Peaceh)  Peace  accompained  which  Slavery  and  Popery \  bothwbJchxiovy^me- 
 naceUsJ  being  worfe  then  the  worjl  cflVarresh  and  an  mnourmt  Hdfeij  in 
 the  field  fighting  againft  them,  better  by  farrc  then  a  ■  difconfilate>  fordid 
 flavijl).  life,ox  a  wounded  opprejfej  Conference,  (though  in  a  royal  I  Pal/ace  Mrid&t 
 them. From  fucha difad vaiKageous.>enllaving,>eninaiir}g,un welcome  ft 
 Good  Lord  Deliver  Us* 
 
 All  I  fhull  adde,is  but  this  requeft-  A  Charitable  Confirmm,  of  this  meant 
 Service  tot  my  Countries  Liberty,  Tranquility,  felicity  :  and  if  thou  ,,  or  the 
 Republickevcap  any  benefit  thereby,  let  God  onely  enjoy  thy  Prayfcs,  the  u 
 thor  thy  Prayers.  Andbecaufe  Ihave  walked  in  an  untrodden  patK,  ir 
 the  Patts  of  this  Difcourfe. 
 
 Si  quid  novifii  rettius  iftis 
 
 Cm^dmjmpen^finon^  htsmeremecm^ 
 
T  H  F, 
 
 SOVER.AIGNE    POWER 
 
 PARLIAMENTS 
 
 AND 
 
 KINGDOMES. 
 
 A  V I N  G  anfwered  in  the  former  part,  the  Grand  Objecti- 
 on agaii-iLl  the  Parliaments  Soveraigne  Power,!  (ball in  this 
 proceed  to  the  particular  crimes  now  objected  againft  it. 
 The  fccDnd  grand  complaint  *)f  his (a)  Majelty  and  others, 
 againtt  the  Parliament  is,  That  both  -HouTes  by  a  meere  Or- 
 t&umcej  notonely  without,  but  againft  the  KingsafTerit, 
 have  tinjulllyuforped  the  power  of  the  Militia^  chiefe  flow- 
 er of  the  Crowne,  and  in  purfuit  thereof,not  onely  appoin* 
 ted  Lieutenants,  and  other  Officers,  to  mufter  the  Trained 
 Bands  in  each  County  ;but  likewiieleifed  the  Ports,Forts,Navy,a.nd  Ammunition 
 oftheKing,together  with  his  Revenues;  toregaincall  which,his  Majcfty  hath  beene 
 ncccftitated  to  raifean  Army,   and  proceed  againtt  them  in  a  Martial)  way. 
 
 This  unhappy  difference  about  the  M'il'iti.%^  being  (next  to  the  Introduction  of 
 Popery )  the  fpringhom  whence  our  uncivill  warrcs  have  irfued,  and  the  full  dlC- 
 cuition  thereof  the  motr  probable  meanes  to  put  afpeedy  period  to  them  :  I  Gull 
 With  as  much  impartiality  and  perfpfcuity,  as  I  may,  like  a  faithfull  Advocate  to 
 my  Country,  and  cordial  1  in.  1  liferent  well-wifher  both  to  King  and  Parliament, 
 truely  Mate  and  debate  this  controverfie,  beginning  with  the  occalions  which  firR- 
 (etitonfoote.  n 
 
 In  the  late  happily  c  empofed  warres  betweenc  England  and  Scotland,  (occasion- 
 ed by  the  Prelates)  divers  Counties  of  England  were  much  oppreflcd  by  their  Lieu- 
 tenants with  illegall  Levies  ofSouldiers,. Coat  and  Conductmoney,  taking  away 
 the  Trained  Bands  Arrrtesagainil  their  contents,  and  the  like,for  which  many  com- 
 plains were  put  up  agt  in  ft  them  to  this  Parliaments  many  of:  thcra  voted -Dclin* 
 
 -A  ^  uentfc; 
 
 Ob]  e£t.  2. 
 
 (a)  See  all  hit 
 Majefties  De- 
 clarations and 
 ProcUmarions 
 concerning  rhe 
 Milu'u%  Com- 
 miHlon  of  At- 
 Tav,HuVy  The 
 CompJainf  j- 
 gainftrhei  . 
 anient. 
 
 Anfw, 
 
The  Parliaments  Inter  eft  in  the  Militia . 
 
 quents,  unfitforfuchatruft,  and  all  their  Commifllons  refolved  to  be  againftLaw; 
 To  thatthe^i/rt^oftheRealme  lay  quite  unfetled.  (ti)  Not  long  after,  our  Nor- 
 (£)See  ihe  Par-  therne  Army  againft  the  Scots,  the  pacification  being  concluded,  was  by  ibme  ill  in- 
 JiamentsRemS  •  ftrument  s  laboured  to  march  up  to  London^ 'to  over-a  we  or  diflblve  the  Parliament, 
 ftrances,&De-   ancj  qua(h  the  Bill  againiUheBiftiops  fitting  in  the  Houfe :  Which  plot  being  di£ 
 ^TlUhefc      covercc*3  andthechiefeA&orsinit  flying  over-fea  ere  it  tookeeffeft,  made  the  Par- 
 partfcularsjfpe-  Hament  jealou  s  and  fearefull  of  great  dangers,  if  the  Command  of  the  Forces  of  the 
 dally  Nov.  z,  kingdome  then  vacant,  fhould  be  continued  in  ill-affe&ed,  or  untrufty  Officers 
 1641  hands;  which  diftruftes  and  feares  of  theirs  were  much  augmented  by  the  fuddaine 
 
 lUSBookcof  &mfattK-&ellionoftbeVapi$sin  Ireland,v?ho  (c)  pretended  hi*  Majefties  and  the  ghteens 
 Examinations,  Comntijjionsfor  their  warrant  $  by  his  Majefties  unexpected  accufation  of>  and  perfbn- 
 Printcd  by  the  all  comming  (  with  an  extraordinary  Guard  )  into  the  houfe  of  Commons  to  de- 
 Houfes  Order,  nund  the  five  Members  of  it,  whom  he  charged  with  high  Treafbn ;  by  his  enter- 
 taining of  divers  Captaines,  as  a  fupernumerary  Guard  at  White-hall ;  and  deny- 
 ing a  Guard  to  the  Houfe  5  by  the  Earle of  New-caftks  attempt  to  fcize  upon  Hull, 
 and  the  Magazine  there,by  command  ;  by  the  Lord  Digbies  advice  to  the  King,  to 
 retire  from  the  Parliament,  tofomeplaceof  ftrength;  by  the  reports  of  foraine 
 Forces  prepared  for  England,  through  the  folicitationofthofefugitives,whohada 
 finger  in  the  former  plots  5  and  by  the  Queenes  departure  into  the  Nether -lands, to  raife 
 a  party  there.  Hereupon  the  Parliament  for  their  owne and  the  kingdomes  better 
 Security  (in  the  midft  of  fo  many  feares  and  dangers  threatned  to  them  )  importu- 
 ned his  Majefty  to  fettle  the  then  unfetled  Militia  of  the  kingdome,  by  a  Bill,  for  a 
 convenient  time,  and  feeing  the  King  himfelfe  could  not  perfonally  execute  this 
 grea$  truft  but  by  under-officers,  by  the  fame  Bill,  to  iHtruft  fuch  perfbns  of  quali- 
 ty and  iincerity  (nominated  by  both  Houfes,  and  approved  by  the  King)  as  both 
 •  his  Majefty,  Parliament,  and  Kingdome  might  fecurely  confide  in,  to  exercife  the 
 Militia^  and  keepe  the  Forts,  Magazine,  and  Ammunition  of  the  kingdome  under 
 him  onely  (as  before  )  tillthefe  blacke  clouds  were  diffipated.  Which  his  Majefty 
 refufingto  grant  in  fo  ample  manner  as  was  thought  nieete  for  their  fecurity ;  by  a 
 Vote  of  both  Houfes  (when  they  were  full)  the  Militia  was  committed  to  divers 
 Noble  Lords  and  others ;  many  of  whom  have  fince  laid  do  wne  their  Commifllons, 
 which  they  at  firft  accepted  from  the  Houfes,  and  inftead  thereof,beene  a&ive  instru- 
 ments in  executing  the  Commiilion  of  Arrays  (ilfued  out  by  his  Majefty,  in  direft 
 opposition  to  the  Militia)  which  the  Houfes  by  two  feverall  Declarations  have  fince 
 Voted  and  manifefted.  To  he  againft  the  Law,a?id  Liberty  of  the  Suhje&s,  And  to  pre- 
 vent the  arrivals  of  Foraine  Forces,  and  a  civill  warre  in  the  bowels  of  the  king- 
 dome,  they  firft  put  the  lower  of  London,  by  the  Kings  content,  into  a  confiding 
 hand,  trufted  by  either  party,  then  they  fecured  Hull  and  the  Magazine  there  5  af- 
 ter this,  when  they  were  informed  his  Majefty  had  feifed  Nctvcaft/e,  and  was  rai- 
 ling an  Army,  they  poffefled  themfelves  of  the  Navy,  Portfinouth,  with  other  Ports 
 and  Forts ;  and  fequeftred  his  Revenues;  (the  Nerves  with  which  he  (hould  fupport 
 this unnaturall civill warre)  which  by  degrees  hath  now  overfpread  the  whole 
 kingdome,  and  threatens  inevitable  defolation  to  ic,  ifnot  fpeedily  determined,  by 
 an  honourable  fafe  accommodation. 
 
 This  being  the  true  State  and  progrefle  of  the  Militia,  the  fole  queftion  will  be  j; 
 Whether  all  the  foi  m:r  circumftances  of  danger^and  his  Majefties  rcfufall  to  fettle  the 
 
 Militia 
 
The  Parliaments  interest  in  the  Militia, 
 
 Militia%  Ports,&c.  by  an  aft;  in  inch  trufty  hands,  as  both  King  and  Parliament 
 might  confide  in  ;  the  Parliament  by  an  Ordinance  of  both  Houfes  onely3  without 
 the  King,  refilling  to  joyne  with  them,  and  wilfully  abfenting  himfelte  from  the 
 Parliament,  might  not  in  this  cafe  of  neceiTity  and  extremity,  (  for  their  owne,  and 
 the  kingdomes  lafety  )  lawfully  fettle  and  feifc  thepremifes,  for  the  prefent,as  they 
 havedone?  and  whether  this  be  a  juft  ground  for  the  King  to  beginne  or  continne 
 a  defperatecivillwarrc  againft  his  Subje&s?  For  my  part,  I  (hall  not  undertake  to 
 juftihe  all  palTages  on  either  lide,  in  the  managing  of  this  bufinefle  ;  it  may  be  there 
 have  beene  errors  at  leaft  in  both  parties:  which  to  reconcilers  neeraspoflibIe,I  fhall 
 preniife  fuch  propofitions  on  either  hand,  as  neither  can  in  juftice  deny. 
 On  the  Kings  part  it  is  irrefragable  : 
 
 Firft,  That  the  Kings  ot  England,  (yea  generally  all  Kings  where  ever)  have  ufu- 
 ally  enjoyed  thechiefe  Minifteriall  Ordering  of  the  Militia  ( in  fuch  fort  as  it  hath 
 beene  fetled  by  their  Parliaments)  for  the  defence  of  the  kingdome  by  Land  and 
 Sea,  againft  Foraine  Enemies:  A  truth  acknowledged,not  onely  by  Judge  Crookg, 
 and  Hntton,  in  their  Arguments  againft  Ship-money,  but  by  the  Parliament  it  felre 
 in  their  two  Declarations  againft  the  Commijfum  of  Array  ;  the    (d)  Scriptnre  it  felfe  in   (d)  i  Sam.8,  i  \ 
 fund ry  places,  together  with  (e)  Ariflotle,  (/)  Foljbiw,  (g)  Cicero,  (/;)  Jacobus    iuo.cij.z, 
 Valdefiw ,  the  fi)  Hifiories  of  all  Kingdomes  attefting,  that  the  originall  caufcof  ro»7^  Sam.8. 
 crc&ing  Kings  was,  and  one  principall  part  of  their  Royall  Office  is,   to  be  their   30c  j 8, ^J9 
 Kingdemej  Generals  in  their  Warres,  and  fight  their  Battailes  for  them;  the  Kings  (e)P$lia\}&$ 
 of  Sparta,  and  others,  yea,  the  ancient  Roman  Emperours,  being  (^)  nothing  but  (f)Xift.l.6. 
 their  Generalls  to  manage  their  Warres,  and  oft  Ele&ed  Emperours  by  the  Roman  fg)De  offic.i.2. 
 Legions,  for  their  skill  in  Martiall  affaires.  W  g<  Jjg- 
 
 Secondly,  That  it  is  not  onely  Q)  expedient,  bntinfimerefpetts  necejj'ary,  that  this  fpanUc?\%. 
 chiefc  minifteriall  command  of  the  Militia,Forts,  and  Navy,  fhouldconftantly  con-   (i)$cc  Munfters 
 tinue  in  the  Crown ;  unlefle  it  be  in  fome  (peciall  cafes-  as  when  the  King  is  an  In-   Ccfmo.l.i.c.i^, 
 fant,  or  unable,  or  unwilling  to  difcharge  this  trull;  or  intends  to  imploy  this  pow-   /ffc^'4/"5^* 
 cr  againft  his  Subk&s  to  infringe  their  Liberties,  and  erect  a  Tyranny  inftead  of  a   )}cm  btpe  h™!} 
 Royalty  over  them :    And  that  it  is  n*ot  meetenor  honourable  to  deprive  his  Majefty  'E*troyi.  Zenar, 
 of  this  part  of  his  Soveraignty  at  this  prefent,  but  onely  to  recommend  unto  him   Vfteer.  Vcl)b. 
 fuch  perfbns  of  truft  and  quality  to  manage  the  Militia,  Forts,    and  Navy  under   Jii^  , 
 him,  in  thefe  times  of  wane  and  danger,in  whofe  fidelity  the  Parliament  and  whole   f^' r^nn  m  &r 
 kingdome  may  confide,  and  lb  be  freed  from  their  juft  jealoulies,  feares,  and  dan-   Poundage,  and 
 gers.     Thus  iarre  the  Houfes  have  already  condefcended;  and  upon  thefe  indirle-  Subfiles  of 
 rent  terraes  fas  they  conceive  themjhave  oft  (m)  profered  to  rengne  up  all  the  Ports,  Te»nporaky  & 
 Forts,  Ships,  Magazines,  and  Ammunition  they  have  feifed  on,  into  his  Majefties   f^^Ste  h 
 hands,  they  never  dellring,  nor  intending  to  deveft  him  o  f  this  his  Soveraigne  pew-   Pwitionsrorhij 
 er  over  them.  tffca,  and  the  if 
 
 On  the  Parliaments  part,i  t  nuift  necedarily  be  granted  to  them  by  the  King:   Kemonftranct, 
 Firft,  That  the  whole  power  which  either  his  Majefty  hath  or  claimes,    or  his  Nov-l-,*4i. 
 Predeceflbrs  enjoyed  over  the  Militia,  Forts,  Navy,  Ammunition,  and  Revenues  of  . 
 thtCrowne^  was  originally  derived  and  granted  to  his  Anceftors,    by  the  Parlia-  j*  Sre  the  Re- 
 ments  and  k  mgdomes  free  confents,   *  And  that  onely  upon  trttjl  and  confidence  for  their  monftranceof 
 protetr'^:.  benefit,  fecurity,  at  tbeprcmifes  .ibunduntly  evidence,  j!?c  Lords  *nd 
 
 Secondly,  That  the  King  hath.no  other  power  over  the  Militia^   to  Array,Arme  fCtob*a.  le^z' 
 
 A  2  _  ©r  « 
 
The  Parliaments  inter  eft  in  the  Militia 
 
 orMufter  hisSubjettsinany  cafe,  then  onely  in  fuch  manner  as  the  Parliament  by 
 fpeciall  A&s  hath  prefcribed,  as  Sir  Edward  Cook^'m  his  Injlitutes  on  Magna  Cbariay 
 f$  28, 529.  this  Parliament  in  the  two  Declarations  againft  the  Commiffion  of  Ar- 
 ray •>  and  Judge  Crooh^  and  Button  in  their  Arguments  againft  Ship-money,  have  large- 
 ly proved. 
 
 '    Thirdly,  That  in  ancient  times,in  and  before  Edward  the  Confeffors  day cs,  and 
 fince,the  Heretoches  (or  Lord  Lieutenants  of  every  Province  and  Country)  who  bad 
 the  chiefe  power  of  the  Militia,  and  commanded  them  as  their  Generalls  in  the  Wanes, 
 were  eletted  by  the  Common  Councell  of  the  Kingdom?  (the  Parliament)  throughout  all  Pro- 
 vinces of  the  Realme,  and  in  ever)  County  (by  the  freeholders)  in  a  full  Eolkrnote,   or  Coun- 
 (n)Archamf9  ty  Court .;  asappearesby  the  exprefle  words  of  King  Edwards  owne  Lawcs,  Recor- 
 **l'£dm  z-c   dedin   (n)  Mr. Lamhardh  Recitedand  affirmedby  Sir EdwardCooki in  his Infiitutes 
 17.  19.  E.  2'  On  Magna  Charta,  /174.5I75. 
 
 F'n\.  Execution  Fourthly,  That  the  SherifFe  of  every  County  (  who  both  *  then  had,  and  now 
 247.8  #.4.19.  hath//*//  power  to  raife  the  Militia,  and  Forces  of  the  County  upon  any  occafion, 
 C  Ikes  I  ?f}' lG  t0  aPPrenen(^  Delinquents,  execute  V  voces  of  the  Law,  Jkppreffe  Riots,  and  prefervetbe 
 onMgmcTJri  f^ce  of  the  County  )  were  not  elected  by  the  King,  but  by  the  Freeholders  of  each 
 tnfi^,ii.E.  County,  as  the  (0)  Ccnfervatorsot  the  Peace,  and all  great  Officers  of  truft,  then 
 1.  c.  1 8.  were^and  the  (/>  yZoronersf orefters,znd  other  Officcrs,then  and  yet  are  elected  by  the 
 
 CO  Cooke  Ibid.  Free-holders,  (as  well  as  (f)  Knights,  Citizens,  and Bttrgejfes  of  Parliament)  even  at 
 00 'coole'lbid.  *^*S  vei7  ^  5  ^his  *s  ev^ent  ^y  theexpreffe  words  of  King  Edward  the  Confeffors 
 No.  jvat.  Bre.  Lawes,  Cap.  deHeretochiii  (  Recorded  by  Mr.  Lamhard,  Archaion,  p.  135.  and  Sir 
 Ifji  164.  Re-  *  EdwardCooke )  attefting;  That  the  SheriiFes  of  every  County  were  chofen  by  the 
 giftcr,  pan.  i.  Free-holders  in  the  County  Court :  And  by  the  Articles  of  deprivation  againft  Richard 
 \77'}l*'1\Bj  thefecond,  charging  this  upon  him  as  an  illegall  encroachment,  *  That  he  put  out 
 Li.faT  '<&**  Sheriffs  lawfully  E  L  E  G  T  E  D  (to  wit,  by  the  Freeholders  y  and  put  in  their 
 (q)  7.H.\.  c.  roomes  divers  of  his  owne  Minions,  fubvening  the  haw,  contrary  to  his  Oath  and  Honour. 
 1  f;  SM.6.C7  (r)  In  the  yeare  1261.  The  Barons,  by  vertue  of  an  Ordinance  of  Parliament  made 
 (*)injlimtcscn  at  Qxford,  in  the  45.  yeare  of  Henry  the  third,  admitted  and  made  SherifTes  of  divers 
 174 "i  7  f  Counties  in  England^  and  named  them  Guardians  and  Keepers  ofthefe  Counties,  and  difchar- 
 (*/  Grafton  P*  &e^  t^em  whom  the  King  had  before  admitted.  After  which,  great  tumults  and  Jeditions  a-- 
 40 1 .  rofe  throughout  the  Counties  of  England  about  the  Sheriffes  •  for  the  *  King  mak[ng  new  She- 
 
 (r)  Mmb.  riffes  in  every  County,  and  removing  with  regall  indignation,  thofetowhom  thecuflodyofthe 
 Weft  m.  Anno.  Ceunties  was  committed  by  the  Barons  andCommons  of  the  Land*  the  inhabitants  of  the  Coun- 
 \\i.'  FabUiu '  tus  an^mated  with  the  afji flance,  and  ayded  with  the Counfell  offome  great  men  of  the  Realme, 
 part.  7-  p.  30.  by  whom  they  were  inftrutfed^with  great  fagacity,  Novos  repulere  viriliter  Vicecomites,  man- 
 7 1 .  Grafion.  /.  fully  rtpulfed'  the  new  Sheriffes  -"  Neither  would  they  anfwer,  regard,or  obey  them  in  any  thing. 
 i?7-  Whereat  the  King  being  gritvou'fly  troubled  in  minde,  to  gaine  the  peoples  devotion  andfideli- 
 
 f^Afa*  Wft  ^9  dir  eU  ed  hh  Letters  to  aU  the  Inhabitants^ the  fever  all  Counties  of  England,  moving  to 
 Hit  Ibid.'  '  piety  and  tending  to  regaine  the  Subjects  Love.  Whereupon,  great  difcord  increafed 
 betweene  the  King  and  his  Barons  •  who  commingto  London  with  great  Forces,  the 
 King  finding  himlelfc  too  weake,  ended  the  matter  for  the  prefent  with  a  fained  Ac- 
 commodation, which  foone  after  was  infringed  by  him ;  and  fofionquiez it  tandem 
 per  internuncios  ipfa  perturb atio,  SUB  SPE  PACIS  reformandx ', fine ftrepitu 
 guerrt,  quorundum  Procerum  ad  hoc  ele&orum  confderationibtis^parteutraque  concorditer  in- 
 clinatA.  Sicque  Baronum  omnis  labor,  atque  omne  Jludh/m prtcogitaturn  din,  QLIOR  UN- 
 DAM 
 
The  Parliaments  intereft  in  the  Militia, 
 
 DAM  (ut  fnttabatur)  ASTUTIA  INTERMIXTA  cajfatum  efl  ad  hoc 
 tempus,  & emarcuit  •  quiafemper  nocu'a  dijferre  parjtii  ;  Writes  Matthew  IVeftm'mfier^ 
 Notwithstanding  thc(econtelts,thcpeopIe  (till  enjoyed  the  right  of  electing  She- 
 ritfes,  which  is  evident  by  the  Statute  of  Art iculi  juper  Chart* ,  in  the  28.  ycarc  of 
 King  Edward  the  1 .  ch.  8.  The  Kinggrantttb  t$  the  people  (not  by  way  of  grace  but  of 
 Right  )  that  they  frail  ha:  :  nj' their  Sberife  IN   EVERY    SHIR  E^nher, 
 
 alty  is  not  of  Fee  )  IF  THEY  LIST,  And  ch.  13.  For  at  much  a*  the 
 >h  grant  fd  the  eleUion  of'Sberijfej  to  the  COMMONS  if  the  Shire,  the  Kinr 
 will)  that  THEY  SHALL  CHUSE  fitd>  Shtrijft  /,  that  ft  all  not  charge  them 
 &c.  And  Sir  EdtvardCooke  in  his  Commentary  on  Magna  Charta^  f.  \j^  175. 
 558.559.  5^6-  proves  at  large,  the  right  of  electing  Shcrirfcs,  to  be  antiently,  of 
 late,  (and  at  this  day  in  many  places )  in  the  Freeholders  and  people.,  as  in  Lon- 
 do/jyYor^Eriftil!filocej}eryNorfi:icb>h\  all  great  Cities  which  are  Counties,&  in  Mid- 
 dlejex.  Seeing  then  the  Parliament  and  Frce-holders,in  ancient  times  had  a  juft  right 
 to  elett  their  Generals,  Captaines^Sheriffes,  (who  had  the  fole  power  of  the  (JWi- 
 litia,  and  Counties  in  their  hands  next  under  the  King  himfelfe,)  and  there  is  no 
 negative  Law  in  being  (that  \  can  flnd)to  exclude  them  from  this  power  ;  I  humbly 
 conceive,that  their  fctling  the  Militia  by  an  Ordinance  of  both  Houfes,  and  elect- 
 ing of  Commanders,  Lieutenants,  Captainesin  each  County  to  execute  it,  and 
 defend  the  Counties  from  plundering  and  deltru&ion,  without  his  Majefties  con- 
 sent (efpecially  after  his  refufall  to  fettle  it  by  an  Aft)  can  be  no  incroachment  at 
 Jill  upon  his  Prerogative  Royall,  but  onely  a  reviving  and  exercifing  of  the  old  un- 
 doubted rightfull  power  enjoyed  by  their  Predeceflbrspow  neceflary  to  berefumed 
 by  them  (in  thefe  times  of  feare  and  danger)  for  thekingdomesfafety. 
 
 Fifthly,  The  Mayors,  Bayliffes,  Sheritfes,  chiefe  Officers  of  Cities  and  Townes 
 corporate  throughout  the  Realme,  (who  under  the  King  have  the  principal!  com- 
 mand of  thofc  Cities,  Townes,  Ports,  and  in  many  places  of  the  MMtia&nd  Trai- 
 ned Bands  within  them  .)  are  alwayes  chofen  by  the  Corporations  and  Freemen3not 
 the  King,  without  any  derogation  to,  or  usurpation  on  his  Prerogative.  Why  then 
 may  not  thole  Corporations,  (  yea  each  County  too  by  the  like  reafonj'  and  the 
 Parliament,  which  reprefents  them  and  the  whole  Kingdome,  without  any  prejudice 
 or  dishonour  to  his  Majefties  Authority, by  an  Ordinance  of  both  Houfes  ofParlia-  *SceC^/ 
 nenr,  without  the  Kingj  difpofe  of  the  Militia^  and  thefe   Military  Officers,  for  toftfrnieioa 
 :hc  defence  of  thole  Corporations;  and  the  Realme  too,  nowjin  times  of  fuchap-  Mw*Cb*n*f. 
 parent  danger:  \Wsp*dtHift 
 
 Sixthly,   all  *  Military  Affaires  of  the  kingdome  heretofore,  have  ufiially,  even  p.ySf.w79^.' 
 )fright,(Tor  their  originalldetermining,  counfelling,  and  difpoling  part)  beene  SceWalfingh*>n 
 Ordered  by  the  Parliament ;  the  executive,    or  minifteriall  part  onely,  by  the  King ;  F*t>m,  Holm* 
 md  Co  hath  beene  the  uic  in  mod  other  kingdomes  :    To  inftance  in  particulars.        P^^Hall 
 
 Firft,  the  denouncing  of  warreagainft  forraine  enemies,  hath  been  ufually  con-  \n  his  lie 
 ludcd  and  rcfolved  on  by  the  Parliament,  before  it  was  proclaimed  by  the  King  :   Ann*  \J*  * 
 is  our  Records  of  Parliament,  and  Hiitories  of  warresin  the  Ho!y-La?id,Francc:>Scot-  fyHtt/ingham 
 and \lrelandy  abundantly  evidence. f/  )KingHarrji 
 ates^Lords^S:  Commons  in  ParliamentyOnd  at  their  cmitemait, 
 ooke  bh  rift  or  ions  warre  againfl France,  to  which  Grown*  he  t.._ 
 nd  they  granted  him  SubfidicS:King  (Y)  Edward  the  l.in  the  2 1. y  tare  of  his  1  eigne  3  GrftenJFafon 
 
 I  3  calling 
 
The  Parliaments  inter  eft  in  the  Militia* 
 
 calling  a  Parliament  at  London,  de  Concilia  <Prjd*torttm  &  Procerum,&c.  by  the  advilc 
 .   of  his  Prelates,  Lords  and  Parliament,  denounced  war  againlt  the  King  of  Frame : 
 to  recover  his  right  and  lands  there  feifed.    Which  to  effeft  both  the  Clergy  and 
 Laity  granted  him  large  Subiidies.  In  the  («)  fifth  yeare  of  King  Edward  the  third, 
 (»0  Grtftcn,  p.  the  waiTcag&ir\l\Swtljnd  was  concluded  and  refolved  on,   in  and  by  the  Parliament  5  all 
 ax7-«2,  223.    tfaNobles  and Commons  of  England  telling  the  King,  they  would g'ad/j  and  wittingly  affift 
 and goe  with himin  that  expedition,  which  they  vigoroufly  profecuted  :  Before  thts, 
 Anno  1227.  A  peace  (at  well  as  wane)  was  concluded  with  the  Scots  in  and  by  a  Parliament 
 at  Northampton,    (x)  Anno  1 242.  KingHenry  the  third  fummoning  a  Parliament,  and 
 (x)  Matth-  P4-   demanding  ayd  of  hit  Subjects  to  ajfift  him  in  his  war  re  againfl  the  King  of  France  to  recover 
 THyAnno.i  140.    ^  rights  tlxre,  they  gaze  him  a  r'efolute  anjwer,  that  they  would  grant  him  ?io  ay  he,  and  that 
 \ll% U     l>       befhould  maki  no  wane  with  France  tiU  the  truce  were  expired:  which  Matthew  Paris  thus 
 further  exprefleth  :  The  Nobles  anfwered  him  with  great  bittermffe  of  heart ;  that  hee  bad 
 conceived  this  wane  and  voyage  into  F ranee  without  their  advife:  Ettaliaeffronsimpuden- 
 'terpoftularat,  exagitans  &  depauperans  f  deles  fuos  tarn  frequenter,  trahms  exa&ionts  in  con- 
 fequentiam  quafi  a  fervif  ultimo  conditions,  &  tantam  pecuniam  toties  extorjit  inutiliter 
 dtfpenfandam.  Contradixerunt  igitur  Regi  infaciem,  nolentes  ampliw  fie pecuniafua  fruftra- 
 toriefpoliaru  The  King  hereupon  put  them  off  till  the  next  day  (Komanorum  ufus  ver- 
 futis  fallaciis  )  and  then  they  fhould  heare  his  minde  concerning  this  and  other  mat- 
 ters.   The  next  day  he  calls  them  one  by  one  into  his  Privie  Chamber,  now  one,  then 
 another,  lihg  a  Prieft  calling  penitents  to  confejjion ;  and  thus  thofe  whom  hee  could  not 
 altogether  overcome,  weakned  by  being  every  one   apart,  hee  endeavoured  more 
 cunningly  to  enervate  wkh  his  words;  and  demanding  a  pecuniary  ayd  of  them 
 he  (aid ;  See  whatthU  Abbot  hath  granted  me  towards  my  ayd  5  behold  what  another  hath 
 jHbfcribed,prflducingafaynedroll)  that fuch  and fuch  an  Abbot  or  Peere  had  fubferibedfuch 
 afumme,  when  in  truth  not  one  of  them  hadconfented  to  it,  neither  came  it  into  their  thoughts. 
 The  King  therefore  with  fuch  falfe  copies,and  enfnaring  words  cunningly  inveagled 
 many:  Notwithftanding  moft  fiood  out,  and  would  by  no  meanes  recede  from  the  common  an- 
 fwer^which  they  hadfworne  not  to  reotde  from  under  paine  of  an  Anathema,    To  whom  the 
 King  anfwered  in  anger,  Shall  1  be  perjur9d  ?  I  havefworne  with  an  inviolable  oath,  that 
 faffing  over  Sea$  I  wiUwitb  aftretcbed  out  arme  demand  my  rights  of  the  King  of  France, 
 which  I  cannot  doe  without  ft  ore  of treafure,  which  muft  proceed  from  your  liberality,  elfel 
 can  by  no  meanes  doe  it.    Neither  yet  with  thefe,  or  other  words  could  he  entrap  any, 
 albeit,  he  called  every  man  fingle  to  conferre  with.  After  this^he  againe called  others 
 which  were  more  familiar  with  him,  and  fo  talking  to  them  faid,  What  a  pernitious 
 example  giveyou  to  others  ?  you  who  are  Earles,Barons,  and  valiant  Souldiers,  ought  not  t$ 
 tremble  as  others,tp  wit,  Prelates  of  the  Church  doe,    Tou  ought  to  be  more  covetous  to  de- 
 mound  the  Kings  right*,  arid  valiantly  to  fight  againjl  thofe  who  w  rong  me^  &c.  with  what 
 face  then  canyon  relinquifb  me  poore  and  de  folate  now,  beingy  our  Lord, in  fuch  a  weighty  bu- 
 fineffe  which  concernes  the  Common-wealth,  when  lam  bound  by  prvmifes  topaffe  the  Seas, 
 whieh  1  ratified  with  an  oath?  Which  when  it  came  to  the  knowledge  of  all,    they 
 anfwered: 
 
 We  admire  beyond  all  that  can  beffofyn,  into  what  bottomlejfeph  tJx  innumerable  fummes 
 of  money  are  funk^  which  thou  Lord  King  haft  cmningly  gained,  by  divers  wardfhips 
 great  mm,  by  various  efcheites,  frequent  extortions,  as  weU  from  Churches  voydof  a  Paftort 
 psfrom  the  lands  ofNoblem:n,frte  granted "Donatives 9cngendring  amazment  in  she  hearts  oj 
 
 th 
 
The  Parliaments  interefi  in  the  Militia, 
 
 he  hearers,  all  which  haze  nrjer  brought fo  much  ai  the  Icjfl  incrcafe  to  the  kanadome.  Alort- 
 veralltk  Nobles  of^  England  doe  overmuch  admire,  QjJ  OD    SIN  K    KOR  V  M 
 ^ONSILIO    E  T    CONSENSV,  that  without  their  counjell  or  consent  you  haze 
 mdertaketifo  difficult  and  perilous  a  bufnejje,  ffWHg  credit  to  thofe  who  want  faith ,  and 
 ontcmning  the  favour  of  thy  naturall  Subjects,  expofejl  thyfelfe  to  cafes  uffo  doubt  full  fortune : 
 bottdi(honejllj  and  impudently,  not  with  unjuft  perill  $f  thy  foule,  andwoimding  of  thy  fame 
 Wea^eft  the  Articles  of  the  truce  bctweene  the  King  of  France  and  thee,  which  thou  haftfwtrne 
 \ipon  thy  foule  indijjolubly  andunviolablyto  kgepe  for  three  j  cares  fpact,&c.  The  King  hearing 
 thefe  things,  was  exceeding  angry,  fwearing  by  all  the  Saints,  that  lie  Tv$u'd  be  revoked  by  n<s 
 \errour,   nor  perjwaded  by  any  circumftanccs  of  words,  to  retard  his  begun  pur^ofe,  and  taking 
 ^iponnuind^naP  afch£,  would  undauntedly  try  the  fortune  of  warre  in    forraine  parts* 
 And  fo  the  Parliament  dillblving  in  difcontent  and  fecret  heart-burning  on  both 
 [ides,  the  Lords  and  Barons  for  a  perpctuall  memory  of  their  heroicke  anfwer  re- 
 armed to  the  King,  fet  it  downe  in  a  notable  Remonftrance  ('too  large  to  tranferibe) 
 which  you  may  readein  *  Mattlxw  Paris.  After  this  in  the  yeare  1248.  tbis*  King  ^Pa-ffM^jJ 
 furamoncd  a  gcncrall  Parliament  at  London,  wherein  hee  demanded  an  ayde  from   r  M^n  ^.g'" 
 his  Lords  and  Commons  to  recover  his  right  in  France  ;  who  inftead  of  grantingit,   p.7  x  8,7  ij. 
 informed  him  very  roundly  and  fully  of  his  unkingly  and  bale  opprelTions  both  of  72f,7*6#fcc. 
 his  Subjects  and  itrangers,to  hisowneani  the  kingdomes  difhonour,   and  of  his 
 tyranny  and  rapines:  At  which  the  King  being  confounded  and  afhamed  in  him- 
 fclfe,  promiled   a   ferious  and  fpeedy  reformation ;  which  becaufe  they  thought 
 to  be  but  feigned,  he  anfwered  they  mould  (hortly  fee  it ;  whereupon  they  replyed, 
 they  would  patiently  expect  it  till  i5.dayes  after  Saint  John  Baptitt,  adjourning  the 
 Houfctill  then.    But  the  King  feduced,  hardned  and  much  exafperated  by  his  bad 
 Counfellers  and  Courtiers,givingthenavery  high  difpleafmg  anfwer  to  their  de- 
 mands ^  they  all  unanimoufly  anfwered,  that  they  would  no  more  unprofitably  impe- 
 Vtrifb  themfelves  to  enrich  and  ftrengtbe?i  the  King  and  Kingdomes  enemies  ;  and  that  be  had 
 precipitately  and  indifcreetly,  and  W I  T  H  O  V  T  T  H  E  I  R    CONSENT  baftned 
 into  PoiEliers  and  Gafcoygnermd  engaged  himfelfc  in  that  warre  -,  whence  he  returned  ingle 
 y'umjly  with  loffe  of  his  honour  and  trcafure,  to  his  great  reproach.  And  fo  this  Parliament 
 ijtfolving  with  difcontent,  the  King  grew  very  angry  with  his  WCounfellors,forput- 
 tinghim  upon  theft  courfes  which  loft  the  hearts  of  his  Nobles  and  peopkiwho  to  pacifie  his  an- 
 i^erandfupply  his  wants,  advifed  him  to  fell  all  his  Plate,  Utenlilsand  Jewels  to 
 the  Londoners,  and  then  to  rcfume  and  feifc  them  againe  as  belonging  to  the 
 Crowne. 
 
 fj)^^i2$6.ThefameKingHe«^fummonedaParliamentto  affilt  him  in  his  VjMatu-y* 
 IVarrea  in  Apulia  ;  but  bee  an fe  he  h  -id taken  upon  him  that  warre  WITHOVT   HIS    * 
 DARONS  AND  PARLIAMENTS  CONS  ENT  flxy  and  his  own  bro- 
 !  .her,  Pvichard  Earle  of  Corncwallyv////.}^  to  grant  or  lend  him  any  ayde.  And  *  becaufe  a2  *  ^:.lt 
 
 Karons  andCommons  were  not  fummoned  to  this  Parliament,  as  they  ought  to  be,  according 
 t  to  the  tenor  of  Magna  Chart  a,  thy  refufed  to  dje  any  thing,  or  grant  (My  ayd  without  the  reft    *  y.  wiff£#Jp^ 
 Petrel  werepreft?it%  and  fo  returned  home  difcontented.   After  this,  (z)  Anno  ns,An.\zft. 
 258.  chis  King  fummoning  a  Parliament  at  London,  demaunded  ayde  of  them  to-    p.*3$,?$4, 
 t  vards  his  warres  in  Apulia^  to  which  the  Parliament  gave  this  refolute  anfwer,  that   9$S« 
 mhey  could  no  wayesfitpply  him  in  this  cafe  withvat  their  <mme  undoing  :  And  if  he  had  uuad- 
 wifidljy  and  wtfieminglj  gattenfrom  the  Pipe  the  Kingdom*,  cf 'Afxlia  for  the  nfe  of  bit  form* 
 It  Edward 
 
8  The  Parliaments  interefi  in  tbe  ivlilitia. 
 
 Edward,  befiould  impute  it  to  bU  owne  firmplicity  ^and  that  be  bad  PRESVMED  V  N- 
 CIRCVMSPEGTLY  WITHOVT  THE  CONSENT  OF  HIS 
 NOBLES   TO  UNDERTAKE  THIS  WARRE,^^^^. 
 
 btration  and  prudence,  which  U  wont  to  forecaft  tbe  end  of  things  ;  therefore  befbotildbriwit 
 
 to  what  ifiue  i:e  befi  could,  andfiottldtake  example  from  bis  brother  Puchard,  who  refiuQd 
 
 theEmpiretendreJtohim,&c,  In  the  fecond  yeare  of (a)  King  Edward  tbe  fecond  hec 
 
 confented  to  this  A&  of  Parliament,  That  be  would  begin  no  wane  without  common  con- 
 
 (a)  WilftngUm  ^nt  -in  parliament^wbicb  be  then  confirmed  with  an  oath.  So  (b)  Anno  25 .  Edward  1.  The 
 
 Augip  71.    '  LorC*s  and  Commons  utterly  refufed  to  goe  with  the  King  to  his  warres  in  Flanders, 
 
 (b)Wa\finghm   though  they  were  fummoned  to  doc  it;  Uzaufttbk warre  wat  proclaimed  without  their  m 
 
 Hifl.Angl.T-17    confe?its  and  good  likings  •  and  they  were  not  bound  by  their  Tenures  to  goe  unto  it*  petiti- 
 
 l  S,&c.Tpodig-   oning  tbe  King  to  cLfififrom  this  warre ;  and  at  lait  caufed  the  King  in  Parliament  to  re- 
 
 ^2^r7p*u°'  *ea^c  C^e^e  ^erv^ces'  And  (0  ^nno  1 20=>  -  ^ne  Lords  and  Commons  for  this  very  rea- 
 1087.  f°n>  refufed  to  goe  with  King  7^7z  to  his  warres  in  France  to  recover   his  inheri- 
 
 (c)Matth.  Pa-  tance  there.  *  In  the  fixt  yeare  of  King  Richard  the  fecond,in  a  Parliament  holden  at 
 TH,Annosi2°U  Londonfiit  was  for  many  day  es  together  debated,  whether  the  Bifhop  of  Norwich 
 *'  %Wdfin  ham     CHcnr>  Sptnfir)  whom  tbe  Tope  bad  made  General!  of  bis  forces  againji  the  Scbifmaticks  °f 
 Htil*p,V9     %   FJanders,  givinggreat  indulgences  to  thafe  who  f mild  affifi  him  inperfon  or  with  monies  vi 
 1 20, \\\ .&c.      this  warre  jfbould  undertake  that  warre  or  no  ?  and  after  much  oppofuion  of  the  Captaines  of 
 tbe  kingdom*,  alleadging,  that  it  was  notfafe  to  commit  the  people  of  the  King  and  hingdome 
 to  an  unexpert  Trieft  -,  it  was  at  lafi  refilled  in  Parliament(jbrougb  the  con  fancy  and  valour  of 
 t\>d  Knights  and  Commons)that  hejhould  undertake  this  warre,  and  goe  Genera!!  of  the  Army:  s 
 Which  office  he  valiantly  managed  with  good  fuccefle  5  "beinga  better  Souldier  then 
 * Walfingha-n,     Treacher  ;    And  the  fame  yeare  in  another  *  Parliament  at  London-^  it  was  decreed  B  Y 
 Mfif.S}*.        THE  ?  AKLlKMENTjtbat  becaufe  tbe  Scotj  bad  broken  their  faith  with  the  Eng- 
 Irfb,  faith  fhould  be  broken  with  them  {Frangenti  fdem,jUesfrangatur  eidem  : )  And  that 
 afelettpowerjbould  befent  into  Scotland  out  of  England,  (to  wit,  a  thoufand  Lances    and 
 2000.  Archers)  to  curbe  their  attempts,   under  tbe  conduct  of  the  Lord  Thomas  ofWoodttcchc; 
 which  tbe  Scots  being  informed  or,    were  greatly  afraid,  and  in  the  end  of  the  Par- 
 liament fent  humble  fupplicants  to  it,   to  treat  with  them  aboutj2.pt  ace  or  truce,which  they 
 defined.    But  tbe  Englifi  havinghad  fitch  frequent  experience  of their falfhood,  would  neither- 
 treat  nor  compound  with  them  5    but  reviling  their  tncjjengers,   commanded  them  to  returne 
 borne,  wifioingtbem  to  defend  their  beads,  and  rights  as  well  as  they  could.  Who  returning  the 
 Jtfo&beme  Lords,  undertook^  the  defence  of  their  Country, until!  Thomas  of  Woodfioch  fbould 
 be  prepared  to  ay d  them  with  greater  Forces.    Loe  here  both  Gencralls,  x^rmies,  Warres 
 appointed  by  the  Parliament,  and  Subfidies  likewife  granted  to  fupply  them,  and 
 the  making  of  a  peace  or  truce  referred  to  them,  it  being  agreed  in  a  former  Treaty. 
 ibatif  any  dammagc  or  injury  fijould.  bee  done  by  cytber  Nation  one  to  another,  fiome  JbcciaU 
 Committees  fhould  befent  to  tbe  Parliament  of  both  kingdomes  every  yeare,  who  foouldpublik- 1 
 ly  relate  the  injuries  fiuficyiied^and  receive  amends,  according  to  tbe  dammage  fiufifered,    by  tbcl 
 judgement  of  tbe  Lords, 
 (djGrtftcr.,?,         In  the  Printed  Statutes  of  18.  Ed.  $,  Parliament  2.   andin  our  (dt)  Wfiorians  tooj 
 %iW>6.\         (and  I  find  this  preamble,  recited  almoit  verbatim,  the  next  Parliament  the  fame 
 Spctfy.70  U      yeare,  chap. I  .)  J*  is  to  be  remznibred,  that  at  the. Parliament  balden  at  Weftminfter,*/;e munA 
 day  next  after  the  Vtas  afth:  Hely  Trinity,  in  tbe  Keigne  of  cur  Soveraigne  Lord  the  Kinol 
 that  now  is,  (/England  tbe  1 8,  and  0/France  f£e  5 ,  many  things  mrefiemdinfKU  Par-\ 
 
 Uatnem 
 
The  Parliaments  interefi  in  the  Militia. 
 
 liament,  which  were  attempted  by  the  adverfary  party,  again fi  our  Soversignt  Lord  the  Kin% 
 0/  France,  againfl  the  Tract  late  taken  in  Bricaine,  betwixt  our  Saveraigpt  Lord  the  K  ingt 
 and  him.  And  bow  that  he  enforctA  himfilfe  at  much  as  he  may,  to  d<  firry  our  faid  Soveraign 
 Lord  the  King)  and  bis  Allies,  Subjects,  Lands  and  places  andtlie  tongue  of  'England.  And 
 that  wa<  prayed  b\  our  (aid  Sot  traiptt  Lord  the  King  of  the  Pnlates,  great  men  and  Com- 
 ■s  THAT  THEY  WOULD  GIVE  HIM  sllCH  COUN- 
 LL    an!    AIDE   AS     SHOULD    BE    EXPEDIENT    IN    SO 
 
 GREAT  NECESSITY.  And  the  fame  Prelates,  «reat  men  and  Commons  taking 
 pood  deliberation  and  adz  -ice,  and  openly  feeing  the  Jubvcrfi on  of  the  Land  of  England,  and 
 Kings  gnat  hufine  fie, which  God  defend,  ifhafiy  remedy  be  net  provide  d,H  AVE  COU  X- 
 SELLED  JOYNTLY  and  SEVER  A  L  L  Y,  and  prayed  with  great 
 vifiance  our  Soveraigne  Lord  the  King,  that  he  would  make  him  as  fl  rung  as  he  might  to  paffe 
 the  Sea,  in  afiuranceofthe  ayde  of  God  a?id  his  good  quarrell,  cjfel'tually  at  this  twte,     T  O 
 
 MAKE  AN  END  OF  HIS  WARRES  BY  WAY  OF 
 PEACE    OR    ELSE     BY    FORCE.     And  that  for  Letters,   words,  nor 
 
 fain  promires,  hefi:a\lnotkthispafifage,tiUhefee  the  ejfett  of  his  bufntffc+  And  for  thh 
 caufi  the  faid  great  men  do  grant, to  pa  fie  and  adventure  them  with  him.  And  the  faid  Com- 
 mons doe  tyrant  tobthyfortbefamecaufeinacerta'mefurmejwoQjiinzimesof  the  Commo* 
 nalty,and  two  Vifmes  oft  he  dues  and  Burroaghes,  to  be  levyed  in  manner  us  the  tafi  Quln- 
 zime  granted  to  him,  and  not  in  other  manner,  &c.  So  that  the  money  levyed  of  the  fame,  be 
 dtftended  in  the  bifitufil fix  wed  to  them  this  Parliament,  BY  ADVICE  OF  THE 
 GREAT  MEN  THERETO  ASSIGNED.  And  that  the  ajBes  &- 
 jond Trent,  BE  PUT  IN  DEFENCE  OF  THE  NORTH.  A 
 pregnant  Precedent  of  the  Parliaments  interefUn  concluding  Wane  and  Peace,  and 
 difpofing  of  the  ayde  contributed  towards  wanes,  to  fuch  perfbns  and  ufes  as  they 
 deenie  meete  to  confide  in.  By  thefe,  with  infinite  other  precedents,  the  Statute  of 
 I  Jac.  c.  2.  and  the  AU  of  Pacification  and  oblivion  betweene  Scotland  \x\c\  PLnglandy 
 made  this  very  Parliament,  enacting  that  no  wanefiiall  be  levyed  or  made  by  any  of  either 
 Nation  ag  wfi  the  other  without  confint  of  Parliament 9  under  paine  ofHiJj  Treafon-,  It  is 
 evident,  that  thcprincipall  righti  of  concluding,  denouncing  Wane  or  peace,  refides 
 in  the  Parliament :  and  that  the  King  without  its  previous  advice  and  cop(ent>oUght 
 not  to  proclaime  any  open  warre,imce  theSubjc&s  eltates^and  pcrfons  mull  fupport, 
 wage  it,  and  receive  moitdifadvantage  by  it-  a  truth  not  onely  implyed  but  refol- 
 ved  by  his  Majcfties  owne  royall  alien  t  this  very  Parliament  in  the  AS  of  Pacification 
 betwixt  England and  Scotland,  Neither  is  this  thing  unufuall  but  common  In  other 
 Kingdomes.  (/)Lhy,  (fiPolybius^g^Grimfion,  (/;)  Plutarch,  (£)  John  Hodin  fC)L*\  tani 
 expreily  afrnne  and  confirnie  by  fundry  examples;  That  in  the  Roman  State,  both  ftii\J)  c.z.l.l. 
 under  their  Ki?/gj  and  Emperours,  the  cbiefe  power  of  denouncing  xparre  and  coneludingpeace,  $»0ec  ».  /.  8 . 
 was  in  the  Senate  and  people  :  And  if  any  of  their  Lmperonrs,  Confitls  or  Generals  concluded  D:<  A  '^  D'1, 
 peace  without  their  confents,  it  did  not  bin de,  but  iv  u  meerely  yoyd,  nnkfic  the  Senate  and  <-     ; 
 
 aj)  no  Wane  v/asbegunne;  nor  Peace  concluded  by  their  *Bc;!;k.ii>.\(, 
 B  Kings,    **.i« 
 
lo  The  Parliaments  Intereftin  the  Militia . 
 
 Kings  but  by  the  authority  and  preceding  decree  of  their  Senates,  Parliaments  and 
 Diets,  as  (I{)  JBodiu  proves  at  large.  Thelike  (/)  BuebmansLvWrmcsof  the  King* 
 
 (h)Bd'  of  Scotland -y  and  we  have  divine  authority  concurring  with  it,   Jojb.  22.  n9  iaj  &c; 
 
 OjmmonwcAlc  j^fe-  20.  i.  to  48. compared  with  Prov.20. 18.  r.  24.6.  and  JudgM. 
 
 /.j.cio.p.162  "    Sccondly,AIl  preparations  belonging  to  wane  by.  Land  or  Sea,  ha  vein  the  gro  fie 
 
 to  166.  and  generally  beeneufually  ordered,  limited  and  (etled  by  the  Parliaments :  asname- 
 
 (l)RerwnStO'   jy 
 
 *il.  &/.7.if'       Firft,  What  proportions  and  fummes  of  money  mould  be  railed  for  the  niana- 
 
 234.  gingof  the  wane-  in  what  manner  an'd  time  itfhould  be  levyed  5  to  what  hands  it 
 
 f/H)  1 1  R.i.c.   mould  be  paid ;  and  how  disburfed-*  which  appcares  by  all  the  Bills  of  Sublidies, 
 
 7.  See  JUftalK  Tenths,  Taxes,  Tonnage  and  Poundage  in  the  Reignes  of  all  our  Kings. 
 
 E*i7tat  Cq  Secondly,  How  every  man  ihould  be  Muttered,  Arrayed,    Armed,  according  to 
 
 (n)  Abridge-     his  eftatc,  as  is  cleare  by  all  our  Statutes  of  Armour,    Muftcrs,    Copt  awes,    Ships, 
 
 inentofSur.       Horfes,  Warres,  reduced  under  heads  by  (rs)  Kaftall  -^  where  you  may  perufe  them: 
 
 (0)  1  £.  3.  c.7.  byjuftice  Crookcs  and  Huttons  Arguments  again!*  Ship-money  ;  Sir  Edward  Coolies 
 
 1       3g'C  '1}  Institutes on  Magna  Ghana,  f.  528,529.  the  Parliaments  two  late  Declarations  a- 
 
 4.C.13.1 1  #7.  gainltthe  Commiifton  of  Array :  and  the  Statute  oi~Wi??cbeftery  1 3.  JE.  i.c.6. 
 
 c\ 8. 19  Ej.c      Thirdly,  How  fane  every  man  ihall  March  when  he  is  Arrayed,  (0)  when  he  fhalJ 
 
 1,1.  5  R-  2.  c.  goe  out  of  his  owne  County  with  his  Armes,when  not :  who  ihall  ferve  by  Sea,who 
 
 lo- J  H-l*  c-9-  by  Land  ;  how  long  they  ihall  continue  in  the  Warres  -  when  they  (hall  be  at  their 
 
 4  "&  <  Pbil'X  owne5  when  at  theKingdomes,  when  at  the  Kings  cofts  or  wages,  and  for  how  Jong 
 
 Mfcfi.Vf  £/«£.  time;  as  the  Marginall  Statutes,  and  next  forecited  Law  Authorities  manifeft. 
 
 c.  S.Littleton       Fourthly,  When,  where,and  by  whom  (p)  Liveries,  Hats,  Goates,  (hall  be  gi- 
 
 ChapterofEf-  yen  i  n  Warres,  when  not,  and  what  (q)  Protections  orPriviledges  thoie  whogoe 
 
 Sftltiucs^n  it  t0  Warres,  or  continue  in  them  (hall  have  allowed  them. 
 
 £68.107 ,  Fit,      Fifthly,  What  (V)  {hares  or  proportions  of  Prifoners,  Prifes,  Booties,  Captaines 
 
 Nut.  h/c.  j         atl  $  Souldiers  ihould  be  allowed  in  the  Warres  -And  at  what  (j-JPorts  and  rates  they 
 
 84,  7,  H-  4 ,    n.oiild  be  Shipped  over  Sea. 
 
 F/*q>  Temues,       Sixthly,  (t)  How  and  by  whom  the  Sea  (hall  be  guarded,  and  what  Jurifdiftion, 
 
 /Ulster  pref-   Authority,  and  (hare  of  Prifes  the  Admirals  of  England  fhall  have;  When  the  Sea 
 
 fing  Mariner?,    (hall  be  open  5    when  (hut  to  enemies  and  Grangers  •  What  punimments  inflicted 
 
 this  Parliament  f0r  Mariners  abtifes  on  the  Sea  ;  And  what  redi  efle  for  the  Subjects  there  robbed  by 
 
 *&•      ,^' l8  enemies  or  others. 
 
 %)iH.le:7       Seventhly,  What(a)Caftles,  Forts,  Eulwarkes,  (hall  be  built  or  repaired  for 
 
 3.  &4.C.2 1  •  7  defence  of  the  Realmc,  in  what  places,  and  by  whofe  charges. 
 
 //.4.C  1 4  8  H.      Eightly,    What  (x)  punifhment  (hall  be  infiifted  upon  Captaines,  who  abufe  their 
 
 4.C.1.6.&C.2.  truit,  detaine  the  Souldiers  wages,  and  on  Souldiers,  who  fell  their  Amies,  or 
 
 }?)    ff^c'     ^efert  tneir  colours  without  fpeciall  Licenfe. 
 
 4  fata.  i.  14       Ninthly,  What  (J)  provilion  there  (hall  be  made  for,  and  maintenance  allowed 
 
 £.4.c.2.8  #.  6.  to  Souldiers  hurt  or  maimed  in  the  Warres  by  Land, and  for  Mariners  by  Sea. 
 
 r.  13.   Fit^. 
 
 tfmJ^T/f.Prorcftionji  i£.4.f.i,s,T  H.7.C.6.  49  H-7-C-  4.  7H.7. r.i.  (j)  \H.6.c.%.  T4H.  7.^.7.2 R.^.r.  4.  5  £.2, 
 
 tfwf.i.c.}.    (i)  Ij.R.i./'.Co.  i4E.4.r.io.    Cr)   zK.2  r4.i3.c5.  i$  R.  2.r.g,  jK.£.c.}.4S,f<if,».  1&44I!.  a 
 
 (H.f.C.6.   l3  £.?.&£.   i4.H.6.r.6.7,V,.  2  H  5.C.6 .  a9  H. 6.^2.4  H  5^.7.  i4£.4.c.4.  18  H.6.c.9.  28  H.8.C.1  5.  g7 
 
 H.8.C.4.    Cm^  2lR.2.r.i8.  Sc£Spdm(msGkfJ'.  Admnal.Coh^s  JfiftiT.on  Litttctm^oAC  H6.,c.y.4  £.4.  C.I1.37H. 
 
 ttC.l.ilEHz.r*.  (x)  3R.:.  r.4.i^H..7r.i8,^9.  7H.7.r.l.   ^  H.8.C.5  2  jE.  ^.c.a#  i7/;//.  6*y^^,c.g,5  E//*c-, 
 
 Tenths 
 
TlxTarliaments  interest  in  the  Militia, 
 
 1 1 
 
 Yenthly,   That  (z)  noaydc,  Armour,  Horfes,  Visuals  (hall  be  conveyed  to  the  W7R.2.c.i< 
 enemies  by  way  or  Merchandir  erwifc  during  the  Wanes  •   that  a!l»SVy//5and    !  *  R.a.c.7.  7 
 
 enemies  lhould  be  baniAed  the  Kingdomc  and  their  goods  (cifed  whiles  the     ]'z't 
 wanes  continued  betwpene  England and  them.  18.10.2S   ^ 
 
 Lleventhly,  How  (.i)  Frontier  Cables  and  Townes  toward  IFa'cs,  and  other   5 1,5  2, jj.Yh! 
 places  ofholulity  (bould  be  well  manned  and  gu  ir  Jed,and  no  Wekbmen^  I<ijh,  Scots  1*6,7-  j  H.? 
 or  alien  Enemies  lhould  be  permitted  to  ttay  in  EnglandtO&ivt  intelligence, or  futfe-  c'3- 4  H-5 
 red  co  dwell  or  purchaie  Homes  or  Lands  within  thole  TowneSj  and  that  they  Iliall   l^xcrr?*']? 
 aUbedifirmed.  2x7!^  *.c! 
 
 Twelfthly,  After  what (l?) manner  Purveyances  fhallbcmade  by  the  Captaines  6- 1  H.i.c.}. 
 of  Catties,  and  how  they  lhall  take  up »  victual!.  In  one  word,  Wanes  have  beene  (^3E-i-c.7. 
 er.de  J,  Leagues,  Truces  made,  confirmed,  and  puniil.ments  for  breach  of  them,  v>  iH.y.c.*.^ 
 ilions  for  prefervation  of  them  enacted  by  the  Parliament,  as  infinite  Precedents  6  'c]'  ,  ^  ; 
 in  the  Parliament  Rols  and*  Printed  ACts,  demonltrate.  So  that  Gtir  Parliaments  ca.14lt4.c4 
 in  all  *  former  ages,  even  in  the  Pveignes  of  our  molt  Martiall  Kings,  have  had  the  '5  K.2.C.7. 8 
 eraigne  power  of  ordering,  fetling,determiningboth  thebeginning,progreiIe,  ^^C-J-  J4H. 
 and  conclufiono four  Warres,  and  the  chiefe  ordering  of  *  all  things  which  con-  1  C'1'2|?V  CJ 
 cd  the  managing  of  them  by  Sea  and  Land  ;  being  indeed  the  great  Counfell  27ii&c,a!?a 
 of  Warrc,  elected  by  the  Kingdome,  to  direct  our  Kings;  who  were  and  arein  £.4.0.5.17  E. 
 truth  but  the  kingdomes  chiefe  Lord  Generalls,  (as  the(^)  Roman  Empercurs,  and  4-ci. 
 all  Kings  of  old  were  their  Senates,  States  and  Peoples  Generals,  to  manage  their  *  I3  R,2,c 
 Wanes  and  fight  their  battailcs )  the  Soveraigne  power  of  making  and  directing  1  h  $  r  $  pi? 
 Wane  or  Peace,  being  notin  theEmperours  or  Kings  themselves,  but  in  their  Se-  5.c.;.4' E.3.C  8 
 nates,  States  and  Parliaments,as  (e^  Bad  in  proves  at  large.  And  being  but  the  king-  (d)  Fc/)b.kift. 
 domes  Generals,  who  mull  fupport  and  maintaine  the  Warres,  there  is  as  great  rca-  l'6-  &*reptw9 
 Ton  that  they  lhould  direct  and  over-rule  Kings  in  the  Ordering  of  their  Warres  and  ^  zn^atin 
 A lilitia  when  they  fee cauie,  as  that  they  mould  direct  and  rule  their  Lord  Gcnerall  tjlt.  /^#9toI  tm. 
 now,  or  the  King  his  Generals  in  both  his  Armies*  During  the(g)  minorities  of  pcrours  Jjyes, 
 King  :  be  fixth,  and  Edivard  the  lixth,  the  Parliament  made  the  Dnke  of  Bed-    *ddent  l 
 
 /W  Regent  oiFrance,  and  the  Dukes  of  Glocefier  and  Sommerfet,  Lord  Protectors  of  ^T^.a    ■ 
 
 rland-  committing  the  trull  of  the  Militia,  and  Warres  to  them  :  And  (i)  39.  /V&* i$a5[] 
 H.6.  the  Parliament  made  (7;)  Richard  Duke  of  lorke,  Lord  Protector  of  the  3  11,12.22. 
 Realme,and  gave  him  like  power,  when  the  King  was  of  full  age.  xAnd  in  our  pre-  (0  Common . 
 lent  times:  The  King  himielfe  this  very  Parliament  voluntarily  committed  the  fc$$f'J'c'19 
 whole  care  and  managing  of  the  Warres  in  Ireland  and  the  Militia  there  to  this  pre-  £fj  £ find*** 
 f?nt Parliament- who  appointed  both  the  Commanders  andal  other  Officers  of  the  1  *£*% 
 
 Forces  lent  hence  into  Ireland:  and  that  without  any  injury,oreciipIc,  to  his  Ma-    1109,1120. 
 jellies  Royall  Prerogative.    If  then  the  Subjects  and  Parliament  in  ancient  times,  (')(}> *fi-p. 'U? 
 have  had  the  election  of  their  GeneraU^  Captaines,  Commanders,  Sheriffs,  Mayors,   uef*1**'19 
 and  other  Officers,  having  the  chiefe  ordering  or  the  Militia  under  the  King;  if  $6xfai£(j)jj 
 they  have  conlrantly  Ordered  all  parts  and  matters  concerning  the  Warres  in  all   st<m>,  .v 
 former  Kings  Reignes;  appointed  Pvegents  and  Protectors,  committing  to  them 
 the  Kings  owne  Koyall  power  over  the  "Militia,  during  their  Minorities ;  and  his 
 :  jlry  himielfe  hath  permitted  this  Parliament  to  Order  thi  nd  >  to 
 
 which  they  have  no  inch  right  or  Titleasto  that  i  ,   without  any  preju- 
 
 dice to  his  Prerogative  5  lean  fee  no  juft  exception,  why  his  Majelty  lhould  ai  firft, 
 
 B  2  or 
 
I  z  The  (parliaments  inter  eft  in  the  Militia 
 
 or  now  deny  the  Parliament  fuch  a  power  over  the  Militia^  they  defired  for  a  time- 
 or  why  in  point  of  Honour  or  Juftice,  their  Bill  for  fetling  the  Militia  in  fafe  un- 
 der hands,  in  fuch  perfons  as  both  fides  may  well  confide  in,  lliotild  now  be  reject- 
 ed, being  for  the  Kings,  Kingdomes*  and  Parliaments  peace  and  fecurity.  much 
 ictfe,  why  a  bloody  inteitine  Warre  fhould  be  railed  or  continued,  upon  fuch  an  un- 
 confiderable  point  on  his  Majeities  part:  who  feeing  he  cannot  manage  the  Militia 
 in  proper  perfon  in  all  Counties,  but  onely  by  SuMitutes  ;  hath  ferre  morecaufc  to 
 accept  of  fuch  perfons  of  Honour  and  quality  as  his  Parliament  mail  nominate  (in 
 whom  himfelfe  and  his  w  hole  Kingdome  in  thele  times  of  Warre  and  danger  may 
 repofe confidence  )  to  execut?  this  trurt,  then  any  whom  his  owne  judgement  alone, 
 or  fome  private  Lords  or  Courtiers  (hall  recommend,  in  whom  the  Kingdome  and 
 Parliament,  in  thefe  jealous  deceitfull  times,  dare  not  confide.  The  yeelding  to 
 the  Parliament  in  this  juit  requeft,  will  remove  all  feares  and  jealouiies,  reltoreour 
 peace,  re-gaine his  Majelty  the  reall affections  of  his  difcontented  Subjects;  the 
 perlilting  in  the  contrary  courfe  will  but  adde  fuell  to  our  flames,  feares,  doubts,dan« 
 gers,  and  fru  if  rate  all  hopes,  all  endevours  of  Peace. 
 
 From  the  Militia  it  felte,  I  defcend  to  the  confequencies  of  its  denyal],  the  Parlia- 
 ments (eiimg  upon  Hu!l5  with  other  Ports  and  Forts,  the  Royall  Navy,  Ammuni- 
 tion, Armes,  Revenues,  and  detaining  them  itill  from  his  Majetty,  the  grand  dif- 
 ference now  pretended,  whence  the  prefent  warre  hath  emerged-  which  theft  en- 
 fting  coniiderations  will  in  a  great  meaflire  qualifie,  if  not  altogether  fatisfie. 
 
 Firft,  his  Majefty  and  all  Royaliits  muft  neceffarily  yeeld  ,  that  the  Ports,FortS, 
 
 Navy,  Ammunition,  Armes,and  Revenues  thus  feifed  on  by  the  Parliament,though 
 
 his  (i)  Majeftiesin  point  of  pofletTioroyet  are  not  his,  but  the  Kingdomes  in  point 
 
 ofright  and  intereft  -  they  being  firu1  transferred  to,  andplaeed  on  his  PredecetTors 
 
 and  himfelfe  by  the  Parliament  and  Kingdomo:  not  in  right  of  propriety,  but(*) 
 
 ti  'See  the  Re-  conditionally  upon  truft,  (his  Majefty  being  but  a  publike  Officer)  for  the  defence 
 
 monfirancc  of  and  fafety  of  the  Realme;  and  though  his  Majefty  came  to  them  bydefcent,  yet  it 
 
 bothHoufes,     was  but  in  nature  of  the  Heire  of  a  Feoffee  in  truir,  for  the  uie  and  (ervice  of  the 
 
 ^ov'a*  lf*%'    kingdome ;  as  a  King  in  his  politicke  5  not  as  a  man  or  Proprietor  in  his  natural! 
 
 tw   fefl    37*"  ^P^ty  5  as  our  (/)  Ljw  Bookes^  Termini*  terminantibus  refolve.    Hence  it  hath  been 
 
 579.  and  Cooks  °^  adjudged  ;  (ni)  that  the  King  can  neither  by  his  will  in  writing,  nor  by  his  Let- 
 
 ilid.  Fh^.  Nat,  ters  Patents,  Devife  or  alien  the  Lands,  Revenues,  Jewels,  Ships,  Forts,  or  Ammu- 
 
 jf.i  1 1  .*.  Cooks  nition  of  the  Crowne  f  unleffe  it  be  by  ver-tue  of  fome  fpeciall  («)  Aft  of  Parliament 
 
 I    i'/ff    ci-  eRakl'n§  n*m  to  doe  it  by  the  kingdomes  generall  content- J  and  if  any  fuch  aliena- 
 
 41 £.  c.4  tions  be  made,  they  are  voyd  in  Law,  and  may  be,  yea  have  betne  (0)  oft  refumed, 
 
 (l)Viavc(.Com.  reversed  by  the  Parliament  3  becaufe  they  are  not  the  Kings,  but  kingdomes,in  point 
 
 /.24  j. 221. 150  ofinteret  and  propriety:  the  Kings,  but  in  poffefton  and  truit  for  the  kingdomes 
 
 tLfltoon  L1^eand  defenee.Henceitis,thatiftheKingdye,  all  his  (/>)  Ships,  Amies,  Animu- 
 
 LjnlmJf.iu  nicion.  Jewels-,  Plate,  Debts  to  the  Crowne,  Moneyes,  Arrerages  of  Rents  or  Sub- 
 
 H 
 
 (m)  35  H.  6  c.  7.  Fit^.Dnife.^.  I //.  5.  Executors.  ic8.  21  .£4. 4-5- *•  21  £.3.  39.  242.3.  42.  n  #4,  7. 
 Fjl^.  JZuare  Imp,  ^5.  5?.  54.-115,118,  (8.9.  Pfefontmeot  abEfglifc  iiLivcrv.  cj,  Croke>l-9-  f-97>  ^''Au.i.j 
 l#.6.c.f.  (n)  2  R  2.  c.  9.  .CoofalX  The  Princes  cafe  'i8'#  8.c  7.  35  WS.'cJ.  \  H6x^.  %i  H.Z.c.2i. 
 (0.)  1  H.  5.  f.9. 5 1  H.6,  c.7.  10X.2.M,  ( p)  I^£.  3. Scat,  i.c.i,  5  it  2.(  hjugiveSubfiajes/Tenrhs, 
 
 Tonnage  or  Poundage,   SecPvaft»ilTaxes;&c. 
 
 fidies> 
 
The  Parliaments  interejl  in  the  Militia. 
 
 »? 
 
 (idies,,  Wards,  and  Rights  of  preferments  to  voyd  Churches',  goconcjy  to  hi.  Suc- 
 urlors,  not  to  his  Executors,  (as  in  cafe  of  a  common  perfbn,)  becaufe  he  en  joy  es 
 them  not  as  a  Proprietor  (as  otherSubje&sdbeJ  but  as  a  Trulke  onely,  for  the 
 (g)  kingdomes  benefit  and  defence ;  iSz(b)Bift>op,  AbbotjDeanefMayorybrfiichHkc  r  \S 
 Corporations,  enjoy  their  Lands,  notintheir  naturall  but  politltke capacities,  for  Co<Ae  \ 
 the  ufe  and  in  the  right  of  their  Churches,  Houfes  j  Corporations,  not  their  ownc.    bi+E-i.c  i 
 Upon  this  ground  (/')  King  Harold  pleaded  his  Oath  and  promi/c  of  the  Crowne   ,Q*-  - ■*■•*« 
 ofi  to  William  the  Conquerour,  and(^J  lUngP&i/;/,  with  all  the  i\(  b!es  :/:'"* 
 
 of  France,  and  ourowne  Parliament  (40  E. ;.  rot.  Par!,  nu.  8.  )  unanimoufly  re-  qU  f     .bey 
 fblvcd,  King  John  bis  resignation  and  grant  of  the  Crowne  and  Kingdome  of  £W-  Deanc&'chaD 
 iincly  to  the  Pope,  without  the  Nobles  and  Parliaments  contents,  to  be  a  meere  'aWbn, 
 nullity,  voyd  in  Law,  binding  neither  King  nor  Subjeft  •   the  Crowne  and  poilef-  W  srcedp.x\9 
 lions  of  it,  being  not  the  Kings  but  kingdomes.  ™j*ttb.p4rkp  2 
 
 And  before  this,  *  Anno  Vom.  1 245.    in  the  great  Cotincell  ofLjow/i  under  Pope  /  ///  ^ 
 Innocent,  to  which  King  He?rrj  the  third,  fent  foureEarles  and  Barons,together  with  Crakentborpe  of 
 the  Engtij]>  Prelates,  and  one  Matter  William  Powyk^  an  Advocate,  to  complaineof  r^Pope$rem- 
 the  Popes  exactions  in  theCouncell,which  they  did- where  they  likewife  openly  pro-   p,ora"  Mor^r- 
 telted  againit  the  annuall  tribute  extorted  by  the  Pope,  by  grant  from  King  John    7e*£'xl2'  ro 
 (whole  dcteitable  Charter  granting  that  annuall  tribute,  was  reported  to  be  burnt  *&aKWei*f' 
 to  allies  in  the  Popes  clofet,  by  a  cafuall  fire  during  this  Cotincell)  as  a  meere  nullity,  j  24  s  p.i$  i.to 
 and  that  in  the  behalfc  of  the  whole  kingdonie  of  England;   EO     QJ-IOD     D£   l97*  Ui'iheb 
 REGNI    A  S  S  E  N  S  U     NON     P  R  O  C  E  S  S  E  R  A  T,   becaufe  the  king-  W'i-  - 
 domeconfentcd  not  thereto  ;  and  becaufe  the  King  himfelfe  could  make  no  filch  P60-***^?*?* 
 Charter  to ch arge  the  kingdome.    Which  Matthew  Paris  thus  exprefleth.  W.  Ve  V6*6' 
 Porreric  Anglican*  Vn'wer fit  Otis  Procurator  afiurgensy  gravamina  Eegni  An^'i*  ex  parte 
 univerfitatis  AngHa^propmevs  fat  it  elegant  er  ^conquefins  efi  graziter,  quod  tempore  Belli 
 'i/'iam  Romananiy  extortnm  tji  trihntum  injur iofe9  in  quod  nunquam  patrej  Kohilium 
 rigni)   zclipfi  cmfinfrunt,  nee  content  iunty  ncque  infuturum  confmtient^unde  fibi  pt  twit  in- 
 Uitiamexhiheri  cum  r< medio.     AdqudP apa0  necoculos  ekvans,  nee  zocem,  zerlitm  hon 
 refpvidit. 
 
 Upon  this  reafon  (/)  MatthewVaris  ipeaking  of  King  Henry  the  third  his  mor- 
 gaging  his  kingdome  to  thePopc^ww  1251.  for  fuch  monies  as  he  flioufd  expend  *■#/?•/>.  8*3, 
 in  the  Warres  :  ufeth  this  expreffion.  'Rex  fee  m  quam  de:er>:tyntt  expediret,Se,fuumque 
 Return,  ftb  p.ena  exbtredatiomi ,     Qll  O  D    TAMEN     E  A  C  E  R  E      N  E  C 
 
 P  O  T  U  I T    NEC     D  E  B II I T,   V amino  Papa  obligavit.    Hence  King  Edward 
 the  third,  having  the  Title  of  the  King  and  Crowne  of  Fra?icc  devolved  to  him, 
 which  made  lbme  of  the  Cngliih  fearc,  that  they  frould  be  put  in  fufcjeftfon  to  the 
 Realmc  of  *Vj//l\,  againfttheLaw  3  the  Parliament  in  the  14.  yeare  of  his  Reigne 
 Stat.  a.   pa{Ted  a  fpeciall  Aft,  declaring  5   That  the  Realme  of  England  never  was,' 
 nor  ought  to  be  in  fobje&ion .  nor  in  the  obeyfanee  of  the  Kings  of  France,  nor  of  the 
 Realme  of  F™.'a*:  and  enafting-  that  the  King  of  England  or  his  Hcire?,  by  colour 
 t>f  his  or  their  Titles  to  the  Crowne,  Seale,  Armes,  and  Title  of  the  King  oiFrance 
 'hould-notinany  time  to  come  put  the  Realme  of  EngUnd,  or  people  of  the  fame, 
 tfwhate4ate  or  conditio,   for  ver  the; ;  be,in  fubjeftion  o:  obej  lance,  of  him,  nor 
 lis  Heires  nor  his  Sttccenors,  a  ,  1  ings  otFrdnce,  noi  be  fuDjeftj  nor  obedient,  but 
 hall  be  free  and  quite  pf  all  manner  fu  j  fti     >  andobeyfancc  is  they  wereivuntto 
 
 B      3  hfQ 
 
.     1 1     ■  I     I  ■  -  "        — " 1 
 
 14  The  Parliaments  interefi  in  the  Militia. 
 
 be  iiuhe  time  of  his  Progenitors,  Kings  of  England  for  ever.  By  the  Statute  of  10 
 21.2.  ci.  it  is  refolved,  That  the  King  could  notalienthe  Land,Caftles,  Ships,  Re- 
 venues, Jewels,  and  Goods  of  the  Crowne;  and  a  Commiffion  is  thereby  granted 
 to  inquire  of>and  relume  all  iiich  alienations  as  illegal!.  Hence  the  Commons  in  the 
 Parliament  of  16  K.  2.  c.5 .  of  ?  nemunir  e^in  their  Petition  to  the  King,  and  the  whole 
 Parliament  in  and  by  that  Law,  declared;  That  the  Crowne  and  Kingdome  of 
 England,  hath  beene  fo  free  at  all  times,thas  it  hath  been  in  fubje&ion  to  no  Pvealm-, 
 but  immediately  fubjeft  to  God,  and  to  none  other  5  which  (by  the  proiecutian  of 
 fuites  in  the  Court  of  Rome  for  Benefices,  provided  againft  by  this  Ad:)  (houjdin 
 all  things  touching  the  Regality  thereof,  be  fubmitted  to  the  Bifnop  of  Rorney  and 
 the  Lawes  and  Statutes  of  the  Realme  be  by  him  defeated  and  frultrated  at  his  will, 
 to  thedeltru&ionoftheKing,  his  Sovereignty,  Crowne  and  Regality,  andofali 
 his  Realme ;  in  defence  whereof  in  all  points,they  would  live  and  dye. 
 
 Hence  the  Kings  of  England  have  alwayes  fetled,  entailed,  and  difpoied  of  the  fuc- 
 ceflion  and  Pvevenues  of  the  Crowne  by  fpeciall  Afts  of  Parliament,  and  content  of 
 the  whole  Realme,  becaufe  the  whole  kingdome  hath  an  interett  therein,  without 
 whofe  concurring  afletit  in  Parliament,  they  had  no  power  to  difpofe  thereof:  as 
 the  Statutes  of  2 1  R.2.<v£.  7H4.C.2.  25  H.  8.^.22.  26  H.8.C.1  3.  28  H.  8.  c.y.  35  H. 
 8.  c.  I.  I  Mar.c.1.  and  Par 1.2.  c.  1,2.  I  Eliz. c.  3.  13  Eliz. c.I.l  Jac.  c.  l.Hah Cbron. 
 f.10.15.  1  H.4.  Speeds  Hift.p.  76$.  928.  to  932.  Daniels  hift. p.  122.i5Syi39.1hun- 
 dantly  manifeit,  and  Cookg  I.  8.  the  Princes  cafe. 
 
 Hence  in  the  Parliament  Roll  of  1  H.6.  Num.  18.   The  I  a  ft  Will  and  Teftament 
 
 of  deceafed  Henry  the  fifth,   and  the  Legacies  therein  bequeathed  of  40000.  Markes 
 
 in  Goods,  Chattels,  Jewels,  Money  es  for  payment  of  the  Kings  debts,  are  ratified  by 
 
 the  Lords,  Commons,  and  Protectors  concurring  aiTentsbyan  Aft  of  Parliament, 
 
 as  being  otherwise  invalid  to  bindethe  King  or  Kingdome.    And  'Num.  40.  Queene 
 
 Katherinej  Dower  of  40000.  Scutes  per  Annum,  concluded  on  by  Articles  upon  her 
 
 Marriage,  and  by  a  Parliament  held  the  fecond  of  May  in  the  9.  yeare  of  King  'Hen- 
 
 ry  the  fifth,  well  approved,  authorized  and  accepted,  which  Articles  that  King  then 
 
 ■  iwore  unto,  and  the  three  Eftates  of  the  Realme  ofEngland,to  wit,  the  Prelates^Nb- 
 
 bles,  and  Commons  of  England,  in  that  Parliament,  and  everyone  of  them,  for 
 
 them,their  Heires  and  SuccefTors,  promifed  well  and  truly  to  obferve  and  fulfill  for 
 
 ever,  as  much  as  to  them  and  every  of  them  appertained  :  Was  after  her  Husbands 
 
 death,  upon  her  petition,  by  afpeciall  Patent  made  by  this  Infant  King  her  Soni 
 
 WITH    THE    ASSENT    OF     THE    LORDS    SPIRITHALL 
 
 AND    TEMPORALL,    AND    COMMONS     OF    ENGLAND, 
 
 IN    THAT     PRESENT    PARLIAMENT    ASSEMBLED, 
 
 Ailigned,  (etled,and  confirmed,  out  of  the  Crowne  Lands  therein  fpecified:  elfc  it  had 
 
 not  beene  binding  to  the  Succehor  King  or  Realme:  the  Crowne  Lands  being  the 
 
 Kings  but  onely  in  the  kingdornes  right ;  whence  all  our  Queenes  Dowers  and  Joyn- 
 
 tures  have  uftally  beene  fetled  and  confirmed  in  and  by  Parliaments,  (whereas  any 
 
 other  man  may  endow  or  make  his  Wife  a  good  Joynture,  without  the  Parliaments 
 
 alTent  or  privity j)  And  in  *  2  E^.the  Queene  Dowagers  great  Joynture(which  tooke 
 
 ,.™W^>     up  three  parts  of  the  Kings  Revenues )  by  common  confentina  Parliament,  held 
 
 y  />.  1  zo   at  Nottingham,  was  all  taken  from  her,  (becaufe  not  duely  fetled  by  Parliament,  and 
 
 if  6fc8.     too exceffive,to the  Kings  and  kingdornes  prejudice)  and  ihe  put  toapeniion  of 
 
 iczsJ'.per  arm/iWydunng  her  life.  A/id 
 
The  Parliaments  inter efl  in  the  Milicia.  1 5 
 
 id  by  the  Statute  oflH.  6.  <y$,  it  iscxprefTLIy  refolvcd,  That  King  U  nry  the 
 ifth  c  oiild  not  alien  or  pledge  the  ancient  Jewels  or  Goods  o(thpCrowiiC)  to  mainr 
 ajrie  his  Wanes,  widiout  alpeciaU  AftofParllanicntjandifbedid,  thofetowhonj 
 
 1  nicd  or  fold  them,  were  itill  accountable  to  the  Crpwne  tor  them,  and  tl 
 acionvoyd;  whence,  the  carrying  otthc  Jewels,  TVeafiire,  and  Plate  of  the 
 ringdome  over  Sea  into  rrc/^W  without  aflent  of  the  Nobility  and  Parliament,  was 
 oneof  the  (m)Artic!a objected agablft  Richard the fecond  in  Parliament,  when  he    (m)Gr«f,pAoi 
 Lvas  depofrd  ;  the  fewels  and  Crownc  Lands  being  not  the  Kings  in  right  of  pro-   (n)  1  H.j  c  9. 
 pcrty  and  interelt,  but  the  kingdomes  oncly  ;  and  lb  all  alienations  of  them  with-   l°  &«  2-c-1- 
 
 the  Parliaments  condmvoyd,  and  ufually  («)  1  cfumed  by  the  Parliament- wit-  jffi***£ 
 ncfle  the  notable  Aft  of K< fiumption  in  8  H.  6.  and  3 1  I7.6.J.  7.  ofalJ  the  Kings  grants  ~«8.  $p^mi97 
 of  any  Honpurs,Caftles,  Townes,  Villages,  Manors,  Lands,Rents,  Pveveriions,An-  Dtnlett  hift.pa. 
 nuitics  &c.  from  tl>c  hrllyeare  of  his  Pveigne  till  then,  with  divers  other  precedents  7s>79>8°>t*i 
 in  the  Margin,  in  King  Stevens^  Richard  the  firhSand  Henry  the  2  Sc  3. their  Reignes. 
 Thcfe  refolutions  of  our  Common  and  Statute  Law,  are  feconded  by  many  for- 
 raigne Civilians,  as  Bald m  in  Yrocm.  de  Fcud.n.^.  33.  Amine  in  Rubric.  Lucm  dt  Yen- 
 71.1.  Cod.  dc  omni  agru  deferto.l,  §htiamquef,  1 84,185 .  Albcrkw  de  Rofate  :  Quodcunqut. 
 ripJxm  a  ZemmtJi.^/.  ;.i.4.2****f  Epa?i.Hfroic.qttcft.  qiir^.n.  4.3.  9*5.  ??.  \9-27- 
 24.  Vidaem  Cavarm  iwJYratiicqu.  c%  4.  n.  i.Martinus  Laudenfif3  de  Confix  d.  Tra&.i. 
 an.  13.  Joan.  Andreas,  in  cap.  dikch  de  ALiior/s*  OUd.  Francifcus  V argot  de  Author. Yon-    (0)  7  E  417 . 
 tir.  Axiom.i.n.i.  Concilium  Toletamtm  8.  SuriUf  Condi  Tom.  2. p.  865,  866.  with  fun-   pwvflfc-lSj. 
 dry  others  (many  of  whole  words  you  may  readc  in  Doctor  Crahgpbarps  defence  of  /Jysce  r)]u' 
 Confiantine9p.i6pito  175  J  w  ho  affirme  5  That  the  Emperour  or  any  other  King  can-   \(\v:i\  f^rog. 
 not  give  away  any  Townes  or  Territories  belonging  to  their  Empire  or  Kingdomes,   Regis  r.9. 10. 
 contrary  to  theirOathes  and  Trults,they  being  the  Kingdomes  not  theirs  in  right.    $2Jf$.c46. 
 Whence  they  conclude,  Conftant'mes  pretended  Donation  of  Rome,  and  Italy  to  the  *'. ';'//" -: 
 Pope^meere  Nullity.    It  is  true,  (0)  our  Law-books  foy^That  the  King  cannot  be   lz^t7. 
 fciled  of  lands  to  any  private  Subjects  ufe.by  way  of  feofment,  bicaufe  it  itands  not   (q)  jH*a.  17, 
 
 with  his  honour  to  be  any  private  man  tcorlee.becaufcno  Sttbpenallcth  to  force  him  b.*i&3.fiif 
 
 3- 
 
 is  voyd  in  1  aw,  and  (hall  be  repealed,  as  hath  beene  frequently  judged  •  becaule  he  r.i.  i.H  $.c  9. 
 
 poffefleth  thefe lands  not  in  his  owne,  but  others  rights.  So  the  King  hath  his  5'i.H.6x.7J 
 
 Oownc  Lands,  revenues,  Forts,Ships,  Ammunition,  Wards,  Efcheatcs,  not  in  his  ,£#"f"**C' 
 
 3wne  but  the  kingdomes  right,  (r)  for  its  defence  and  benefit-    and  though  he  can-  1  e.O.c.^. 
 
 lot  ftand  ieifed  to  a  private  mans  ufc,  yet  he  may  and  doth  Hand  feifed  of  the  pre-  Mang  c,  i 8. 
 
 1  nifcs  to  his  whole  kingdomes  ufc,  towhomheis  but  a  publike  fervant,  notonely  '  E.a^.*o, 
 
 '  n  Law  but  Divinity  too-,  I  Sam.$.2o.  2  Saw.  5.12.  Ifa*  49.  25.  Pja!.r%.  72^  73,  74.  ■  ldC'c-  **• 
 
 Secondly,  All  the  Ships  Ammunition,  Amies  the  Parliament  hath  feifed,  were  racrr. 
 
 !  inrchafed  not  with  the  Kings,  but  Kingdomes  monies,  for  the  defence  andfervice  (t)Amo.i6*9 
 
 :[  >fcheKingdomc,  astheSubUdy  Eilsand(j)  Afts  for  Tannage  and  Poundage,  the  ^4** 
 
 ;t  Cings  owne  (t)  Declaration,  and  (*)  Writs  for  Shipmony  atteth  If  then  the  repre-  £'/  {1^1^. 
 
 entative  Body  of  the  kingdomc,  to  prevent  the  arrivall  of  iorraine  Forces,  and  that  n.tn^p.  y, 
 
 ivill  wane  they  then  forefaw  was  like  to  enfue(and  hath  experimentally  lince  fallen  to  6, 
 
 out 
 
1 6  the  Parliaments  intereft  in  the  Militia. 
 
 out  even  beyond  their  feares,and  overfpread  the  whole  kingdome,  to  which  it  threa- 
 tens ruine5)  hath  fcifed,  fequeftrcd  the  kingdomes  Ports,  Forts,  Navy,  Ammuniti- 
 on into  trufty  hands  for  the  Kings  and  Kingdomes  ufe,  to  no  other  end,  but  that 
 they  ihould  not  be  imployed  againthhe  King  and  Parliament  by  his  Majeities  Malig- 
 nant Counfellors,  and  outragious  plundering  Cavaliers,  what   indifferent  fober 
 (at)  Speeds  Hi.  man  can  juftly  tax  them  for  it?   (*)  ghteenc  Elizabeth  {and  the  (ji)  State  of  England 
 ^'}llr'11}?'  heretofore')  during  the  Warns  with Spline,  inhibited  the  Haunfetownes  >and  other  for aine 
 Elizabeth   \n   Merchants  (over  whom  (he  had  no  jurifHi&ion)  to  tranfyort  any  mater ia's  for  Wane 
 i6oi.p.205./o  through  the  narrow  Seas  to  Spaine  (though  their  ufuall  Merchandize  to  thofe  parts,and 
 209.  the  Sea,  4*  they  (z)  aUeadged,  was  free, for  feare  they  Jlsottld  be  turned  again ft  our  Kingdome  , 
 
 0)  1$  H-  °*  c.  and  afier  notice  given ,m ad e  them  prift)  for  any  of  her  Subjects  to  feife  on.  And  it  it  the  com-' 
 's'eM  s  M  ^re  mon  P°'*cy  f^  day,  and  anciently  of  all  States  wh  ttfoever,  to  feife  on  allprovifions  of  Warre9 
 Claufum.  ^nt  <*MpajJing  by  way  of  Merchandize  omly  towards  their  enemies ,  though  they  have  no  right 
 
 (\)  See  Ma-  or  propertie  in  them  (and  to  grant  Utters  of  Mart  to  feife  them>  as  we  have  (a)  ufuaUy  done. ) 
 Iter  Seldens  which  they  plead  they  may  juftly  doe,  by  the  Law  of  Nature,  of  Nations,  to  prevent  their 
 d  CpC*  Uh  owm  deftruclion.  Much  more  then  may  the  Houfes  of  Parliament,  after  the  fodaine 
 anfwer  there-  eruption  of  that  horrid  Popifh  rebellion  in  Ireland,  and  the  feares  of  a  like  inteftine 
 ro,  mdOrctiui  warre  from  the  Malignant  Popifh  Prelatica!!  party  in  England,  expecting  Forces, 
 his  Mare  lite-  Supplies  of  mony  and  ammunition  fromforaine  parts,  feife  upon  Hull,  other  Ports, 
 ?lTi4  8  the  Navy  and  Ammunition  (the  Kingdomes  proper  goods,  provided  onelyforits  de- 
 2R2.C  4  7>  ^ence  in  flicn  times  as  there  J  when  his  Majefty  refufed  to  put  them  into  fuch  hands 
 27£.5.c.i*7.  as  the  kingdome  and  they  might  juftly  confide  in,  and  the  contrary  Malignant  fa- 
 2  H.  5^.6.4  fi^  &ion  plotted  to  get  pofTefTion  of  them  to  ruineLawes,  Liberties,  Religion,  Parlia- 
 j.r,7i8^.6.  menr,  Kingdome  :  And  what  mifchiefe  thinke  you  would  thefe  have  long  fince 
 C\9±E  c  r  ^one  t0  Parnament  anc*  Subjects,  had  they  firft  gotten  them,  who  have  already 
 Speeds  Hjft.p.  Wrought  To  much  mifchiefe  without  them,  by  the  Kings  ownc  encouragement  and 
 \\g%.Manirm  command?  Doubtlefle  the  Parliament  being  the  fupreamc  power,  now  fpecially 
 Laudenfisde  met  together  and  intrufted  by  the  Subjects,  to  provide  for  the  kingdomes  fafety, 
 j^l  £*£  had  forfeited  not  onely  their  difcretion,  but  truft,  and  betiayed  both  themfelves, 
 c  %  x%a.  tne*r  Priv^e^?es3 tne  Subjects  Liberties,  Religion,  Countrey,  Kingdome  5  and  not 
 c,2.  onely  their  friends,  but  enemies  would  have  taxed  them  of  infidelity,  fimpjicity, 
 
 (thatl  fay  not defperate  folly)  had  they  not  (eifed  what  theydid,  in  the  feaior 
 when  they  did  it  1  which  though  fomeat  firft,  imputed  onely  to  their  over-much 
 jealouiie,  yet  time  hath  fince  fufficiently  difcovered,  that  it  was  onely  upon  fubftan 
 tiall  reafons  of  true  Chrjftian  Policy.  Had  the  Cavaliers  and  Papifts  (now  ii 
 armes)  gotten  firit  pofTellion  of  them,  in  all  probability  wee  had  loft  our  Liberties 
 Lawes,  Religion,  Parliament  long  ere  this:  and  thofe  very  perfons  (as  wife  mei 
 conceive)  weredefigned  to  takepoilevTion  of  them  at  firft  ( had  they  not  beene  pre 
 Vented)  wit houtreiiftance,  whom  his  Majefty  now  imployes  to  regaine  thernb; 
 open  warres  and  violence.lt  is  knowne  to  all,  that  his  Majefty  had  no  actuall  perfo 
 nail  pofTefTion  ofHuU,nor  any  extraordinary  officer  for  him  there,  before  Sir  lob 
 Hotbamfeifed  it,  but  onely  the  Mahr  ofibeTowne,ekdti&  by  the  TowTnefmen,  nc 
 nominated  by  the  King;  neither  did  Sir  John  enter  it,  by  order  from  the  Houie: 
 till  the  King  had  rirft  commanded  the  Major  and  Townelmen  f  whom  he  had  cor 
 ftantly  intrufted  before)  to  deliver  Hull  up  to  the  Earle  of  Newcaftle,  now  Generally 
 the  Popijb  Nortberne  Army  .  The  firft  breach  then  of  truft,  and  caufe  of  jealoufie  pr(i 
 
 ceedin 
 
The  Parliaments  intere/l  in  the  Militia.  1 7 
 
 ceedingfromthcKinghimfeliciaavcry  unhappy  fcafati-  where  the  quaneU  firft 
 began* and  who  is  molt  bbmc-woi  thy, let  all  men  jiitlgc.  hi  commit  my  fword  in 
 cruftto  anothers  culrody  tor  my  ownc  defence,  and  then  (care  or  lee  that  hceor 
 iome  others  will  murther  me  with  my  ownc  weapon,  it  is  neither  injury  nordiiloy- 
 altie  in  me  for  my  ownepieicrvation,tofei(emy  ownc  Sword  till  the  danger  be  part; 
 it  is  madneflc  or  tolly  not  to  doe  it,  there  being  many  ancient  and  late  examples  for 
 
 1 1  ant  it  ^  I  iliall  iniiaucc  in  Come  tew.  By  the  (b)  Common  Law  of  the  Land,whiles  (b)\o  £.3. 
 Abbies  and  Priories  remained,  when  we  had  any  Warns  with  for  aim  Nat  ions, it  was  UwfuU  Pnzutyd.  i.  (y 
 tad  nfuall  to  fife  all  tin  Lands,  goods, poftefjions  of Abbot s,oj  Priors  aliens  0}  thofe  Countries^  4t**  Lc  *?• 
 during  the  warns  (though  they  pop  fed  them  oncly  in  right  of  their  Hwfes'}    left  they  (hould   *]  *7/«  ?'  Jg* 
 tontribute  any  ayd,  intelligence ,  alftftance  to  our  enemies.     Yea  it  anciently  hath  bcenc,   Ajf.  20.  11  H. 
 and  now  is  the  common  eulrome  of  our  ownc  and  other  kingdomes,  asioonc  as  any  4  -i*.*.//  4 
 breachesandwarres  begin,  after  Proclamation  made,  to  fciic  and  confifcate  ail  the  *°'4#4-io. 
 $hips5goods,and  eftates  of  thofe  countries  and  kingdomes  with  whom  they  begin  J?'**"4)  "r"1* 
 warre,as  are  found  within  their  dominions  for  the  prefenr,  or  (hall  arrive  thereaf-  n'llguare 
 terwardsjlert  the  enemies  (hould  be  ayded  by  them  in  the  Warres,  (preventing  Phy-  Imp.Fit^.  6Z% 
 lickcbeingastawfull,asufefullin  politique  as  naturall  bodies;)which  a&is  warran-  **.i*  M9f- 
 red  by  (c)  Magna  Chart  a,  with  fundry  other  Statutes  quoted  in  the  Margin.   And  Col<>W^*: . 
 though  theieieifures  were  made  by  the  King,in  his  name  oncly,yet  it  was  by  autho-   4I  ow'#,  7** 
 riry  of  A&s  of  Parliament,as  the  publike  Mini  iter  of  the  Realme/or  the  kingdomes  Afh.4lun.7. " 
 fecuritie,  and  benefit  rather  then  his  owne.    But  to  come  to  more  pun&uall  prece-  (c)  19  £.  4.  £. 
 dents  warranted  by  the  fupreme  Law  of  Salter  Popxli,the  onely  reafon  of  the  former.  ^£"<*  Cart.e. 
 (d)  Anno  Vom,i2 14.  upon  the  confirmation  of  the  Great  Charter  and  of  the  Forejl   ?y*J*^,,'A1* 
 by  Ring  John,  it  was  agrced,granted  and  ena&ed  in  that  Parliamentary  aCTembly  at  *  r.j.V  r.z/f 
 R imning-meade,  that  the  2 5 . Barons  then  ele&ed  for  the  cmfervators  of  tbefe  L thirties  and   5 . e. 6. 4 H. j  c. 
 Charter s,  with  theCommovs  of  the  Land,  might  di ft  rain  e  and  enforce  the  King  (Jfhevio"  7-1  #.*.$.  18 
 latcdtlxfe  Charters,  and  made  noredreffe  thereof  'within  ^O.dayesfpace  after  notice)  by  fei-   ^'6  Cj*'?,% 
 
 ;V  CASTLES,  la7ids,poffcjjions,  and  other gonds^  till  amends  ft) ml d  he  made  p  i2ii  121^ 
 according  to  their  arbitration,  And  for  more  certainety,  thefmre  Chatelaines  (or  chiefe  Gap-    i'iio. 
 tallies)  <f  the  Caftles  ^Northampton,  Kenelworth,  Nottingham,  and  Scarborough,  *  Cicero  fa 
 thonld  be  frvorne  to  obey  the  commandment  of  the  2($.Bajrons,or  tht  major  part  of  them  in  Le^uu 
 WHATSOEVER  THEY   THOUGHT    GOOD    CONCER.^^ 
 G  THESE  CASTLES.  WhercinNONE  SHOULD  BE  PLA-  f<^&,7J' 
 ZED    BUT  SUCH    AS  WOULD  BE  FAITHFULL  and  OB«  Wp.*4h 
 SE.RVE  THEIR  OATH.  And  upon  this  accord,R<*/*/fcrCaft!e  and  others,  M4.«4f. 
 •vhofecuttody,  of  anticnt  right  belonged  to  the  hvckbiihop  of  Canterbury  with 
 >ther  Caftles  appertai/iin^  to  the  Barons,  were  reftored  to  them  by  the  King  •  who  brea- 
 king all  hi?  vuwes  &  Charters  imraediatlv  aftcr,f  through  the  Barons  and  peoples 
 iipineneg!igence,overmuch  confiding  to  the  Kings  Oathand  confirmations,  and 
 1  nd  conccke  ot  holding  that  by  peace  which  they  had  recovered  by  violence  from 
 perfidious  King,)inhalfe  a  ycares  fpace  recovers  all  the  Catties  againe  even  to  the 
 'orders  or  Scotlandby  meancsof  forainc  Forces,  and  a  malignant5deipicable,deme- 
 :iefticke  party, Chee  having  fcarcc  (even  Knights  faithfullto  him,  being  generally 
 orlakcn  ofalljand  made  him'cifeabfolutexVIa^cr  of  all  England,  except  the  Citic 
 >f  Lwdon, the  Suburbs  whereof  hee  burned  and  lacked,   and  ib  tyrannifed  over  m  Matthew?* 
 LkSubjeflts^with  fire,  and  Sword,  pillaging  them  every  where.    *  Vaftando  omms  **£$$*&** 
 
 C  doruoi 
 
 ■! 
 
1 8  The  Parliaments  lnterefi in  the  Militia 
 
 domus,  &£dificia  jLaranum  divijis  Agminibuffuccendebat^Jpoliacum  animal  ibusrapieb  at + 
 &de  rafina  iniquitatir  miniftros  qms  babebat  nequijfimos  faginabat.&c.  fujjieitbat  ad  cau- 
 fam  mortit  fimplicibw  incolis9   fi  aliquid  habere  credebantnr,  &  qui  nihil  babtbant,fa- 
 ttri  habere  cogtbantur ;  &quinon  babebat,  habere ut perfoheret^  ptnvs txquifitU  diftrin- 
 gebatur,    Vifcurrebant  ficarii  ctde  bumana  crutntati,   uo&ivagi,  incendiarii^  filii  Belial 
 fkrittis  enfi.bttf,  ut  deferent  afacit  terr*y  ab  homine  ufque  ad  pecus,  emnia  humanis  ufibus 
 mceffaria,edu£tijque  culteUvsviUas,  domw,c£miteria,    eccleftas  perluftrabant,omnes  Jpolia- 
 banty  ita  quidem  ut  nee  mulkbri  fexui,  nee  parvulorum  vet  decrepitorum  parcerent  atatu 
 Et  quod  confumerenon  valebant,  incendio  tradtbant,  vel dijpergentes  tnutik  bumanis  ufibuf 
 nddebanu     Et  quos  nulla  nota  premebant,    INIAflCOS  KEG  IS  VOC  JIN- 
 IE  S  (jiinimicifui appellandifunt,  qui  cum  ad  manfuetudmem  &  juftitiam  manfuetam 
 introduces  voluerunt)'ubicunquereperiebantur,  raptim  trahebantur  in  carcerem  p£nalem9 
 vinculis  mancipati,  &  tandem  adgraviffimam  ceaffii  redemptiunem^&c.  (A  true  Chara- 
 cter of  our  times,and  plundering  barbarous  Cavaliers:)  which  (bfarre  exafperated 
 the  Barons  and  people,  that  they  elected  another  King.    Eut  the  end  for  which  I 
 c|te  this  precedent  is,  to  manifeft,  that  the  Lords  and  Commons  in  that  age,didnot 
 thinke  the  Kings  owne  Charter,  Promife,  Pro teftations,  Oathes,  Proclamations, 
 theBilhops  and  Popes  folemneexcommunications,and  thofe  25.  new  Confervators, 
 ^  a  Sufficient  (ecuritie  to  preferve  their  Lawes  and  Liberties  againft  the  invafions  of  an, 
 unconftant,  wilfull  &  foedifVagous  King,unlefie  they  had  the  Power  and  Command 
 jof  his  chiefe  Caftles  and  the  Militia  added  to  them*  which  wee  fte  through  over- 
 much fecuritie,  and  want  of  vigilancy,were  all  too  little  to  preferve  their  Liberties 
 againft  an  unconftant  oppreffing  Prince,whofe  oaths  and  protections  were  but  like 
 f  0  7*dies  l**  (0  Sampfons  cords,  broken  all  to  peeces  like  a  thread  in  a  moment,  by  thofe  who  have 
 ffMfirb  Sampf°wftren&h.  King  Henry  the  third  was  no  whit  inferiour  to  his  father  John, 
 p.940%0965.  in  unconftancy,  and  perfidioufheflc  to  his  Subjects,  with  whom  when  he  had  oft 
 6rafton9p.i$%.  broken  his  faith  and  folemne  oathes,  thc(f)  Lords  and  Barons  (having  no  other 
 1 5  tSpeed.p.     meanes  of  fecuritie,  left  to  preferve  their  Lawes,  Liberties,  kingdome  from  vaflal- 
 »3?-*r°p*a'      l*ge  ar,d  deftruction,  or  to  enforce  the  King  to  keepe  thofe  ordinances  which  hee 
 f  70  ro  * '' 7    nac*  niade  and  fworne  to  obferve  in  a  Parliament  at  Oxford  but  few  yeares  beforc(all 
 MatthewWeft-    which  he  laboured  to  refcinde,  having  procured  a  difpenfation  of  his  Oath  from 
 minfler^Nolin-  the  Pope  to  colour  his  perjury;)  in  the  yeare  1260.  appointed  new  SherifFes  and 
 fhtafond  Da-     Gardians  of  Shires,  discharging  fuch  as  the  King  had  before  admitted,  and  ray  fing ; 
 pklm  his  life,    a  ftrorjg  power  in  the  Marches  of  Wales,  fent  a  Letter  to  the  King  under  the  Seale 
 of  Sir  Roger  Clifford, be feecbing  him  to  have  in  remembrance  the  Oath  and  promises  he  had 
 made,  fir  the  observing  of  the  Statutes maUed  at  Oxford,   with  other  Ordinances  made  to 
 the  honour  of  God,  for  faith  and  allegiance  to  hisperfon,    and  for  the  rveale  and  profit  of  bis 
 Kealme  5  willing  him -further  to  withftand  and  defie  all  fuch  perfons,  as  will'  he  againft  the 
 faidaUs,  favingthe  §keene  and  her  children.  After  which  letter  fent,  and  no  anfwer 
 to  it  received ;   the  Barons  with  banners  difplayed,  went  againft  fuch  Malignants 
 as  they  knew  held  againft  thofe  Acts.    And  firftat  Hereford, they  tooke  the  Brftiop 
 and  all  his  Chanons  who  were  aliens  borne,  taking  away  their  money  and  cattle, 
 and  pTundering their  houl.es  and  manors.    And  marching  towards  Lmdon,  much 
 people  flocking  to  them,  in  the!  r  patfage,  ever  as  they  found  any  that  they  knew  to 
 be  ngai  \ft  the  maintenance  of  the  faid  Acts,  they  imprifoned  them  and  fpoyled  their 
 houfes,werethey  fpiritqall  or  temporall  men:furni(hed  the  cfpeeiall  Fortreffes  of  the 
 
 kingdome 
 
The  Parliaments  inter  eft  in  the  Militia,  i  p 
 
 kincdomc with Gard'Kinsofr'thcirowiic3and in  DIVERS  OF  THE  KINGS 
 CASTLES  THEY  SET   IN  SUCH   MEN    AS  THEY    LIKED, 
 andPUT  OUT  SUCH  AS  THE  KING  HAD  PLACED  THERE 
 BEFORE-  and  gave  them  an  Oath,  that  they  would  be  true  and  faithfuJI  to 
 the Kinfoand keepe thofc CaiUcs TO  H I S  U  S  E,  and  TO  THEWEALE 
 OF     THE     REALME.    And  when  William  deVakns  denied  with  oathes 
 to  render  up  any  Gallic  which  was  given  him,  by  the  King  (his  brother)  to  keepe; 
 the  EarU cfLeyctfler  and  the  reft  of  the  Barons  anfwered;  tlxy  would  either  hove  his 
 Caftles  or  bis  had',  which  Co  terrified  the  Poi8ovines3thu  they  left  Oxford  and  their  Ca- 
 bles to  the  Barons,  and  fled  Into  France.    Which  Qg)  CaiUcs  when  the  King  and  (&)***' .Puk, 
 Lords  were  accorded,  together  with  the  Catties  of  Dozer  (Nee  Regi  ablatum  nee  vcti-  w?t}m.An*  ill 
 tumjedtanquamclavis  totiui  Regni,  cufiodU '  ejfet  diligent  tori  a  Baronibus  deputatum)  p.jo6*,joV. 
 andthcCaltleof  Rocbefier  *nd  others  were  readily  delivered  up  by  the  Barons  to 
 theHLint'tfui  ubique  libcrum  inuenit  introitum,  &exitumjuxtavota^  &  tunc  primo  Rex 
 tinht  fcfalfis  deceptionibw  cicttsmventum,&Baronum  fuorumfidelitatey  ubiqm  licit  igno~ 
 ranter  jujfultum  •  and  then  the  King  rirlt  found  he  was  circumvented  with  fal(c  re- 
 ports of  the  Barons  dilloyalty,  who  fo  willingly  reuored  his  Caftles  to  him ,  when 
 thofe  itormes  were  blowne  over  h  though  he  made  but  ill  u.c  of  it,  tooke  occafioa 
 thence  openly  to  recede  from  his  Oath;  whereupon  they  refeifed  thefe  Caftles  for 
 their  fafety.    About  Midfommcr  the  Barons  drawing  neare  to  London,  tent  a  Letter 
 to  the  Mayor  and  Aldermen  requiring  to  know  of  them,  Whether  thy  would  obferve 
 and  maintaine  the  Statutes  made  at  Oxford  •  or  not  1  or  aide  and  ajjifl  fuch  perfenj  as  intent 
 ded  the  breach  of  the  fame  ?  and  tent  unto  them  a  Copy  of  the  faid  A&s  •  with  a  pro- 
 \  ill),  that  if  there  were  any  of  them,  tbatjbouldjeeme  to  be  hurtfull  to  the  Realme  or  Com- 
 munrvtak  of  the  fame,  that  they  then  by  difcreet  ferjons  of  the  land  fhould  be  altered  and  a- 
 ided:  Which  Copy  the  Mayor  bare  unto  the  King  thenar  the  Tower  of  Lon- 
 ^;;  with  the Qlieenc  and  other  great  perfons.  Then  the  King  intending  to  know 
 themindeoftheCity,  asked  the  Mayor,  What  bethought  of  tbofe  A8j>  whoabam- 
 ed  with  that  quciVion,  befought  the  King,  That  he  might  commune  with  his  Brethren  the 
 Aldermen,  and  tie?:  hen-add declare  unto him  both his  and  their  opinions.    But  the  King 
 faid>  He  would  heare  his  advice  without  more  Counfell.     Then  the  Mayor  boldly 
 (aid,  that  before  times,  he  with  his  Brethren  and  commonalty  of  the  City,  by  bti  command*- 
 ment  werefivorne  to  maintaine  all  A&s  made  to  the  honour  of  God,  to  the  faith  of  the  Kwgy 
 and  profit  of  the  Realme  j  which  Oath  by  his  licenfe  and  mofi  gracious  favour  they  intended 
 to  obferve  and  keepe.     And  moreover,  to  avoid  all  occafions  that  might  grow  of  grudge  and  va- 
 riance   betweene  his  Grace  and  the  Barons  in  the  City,  they  would  avoyd  all  aliens  and 
 Grangers  out  of  it    (  as  they  foone  after  did  )    if  his  Grace  were  fo  ce?jtented.     With 
 which  Anfwer  the  King  feemed  to  bee  pleafed,  fo  that  the  Mayor  with  his  fa- 
 vour departed,  and  heand  the  Citizens  lent  anfwer  to  the  Barons,  that  they  con- 
 defcended  tothofeatts,  binding  themfelves  thereunto  under  the  publike  Scale  of 
 1  mdou,  their  Liberties  alwaycsupholdcd  and  laved.    Then  the  Barons  entredthe 
 City,  and  fhortly'after  the  King  with  his  Qucene  and  other  of  his  Counfailc,  re- 
 turned to  WefiminQer.  •  *  Mat.  Paru,p. 
 *  Anno  1264.  (the  43.ofH"t77r;  the  third)  the  King  made  his  peace  with  thcBa-  9$l-Dan'hift* 
 ron<  then  in  Armes,upon  thefe  termes:  That   ALL    THE    CASTLES    OF  VurV!?' 
 THE     KING,     throughout  England?   ihould  be  delivered    TO    THE  \ £     p    m 
 
 C  2  KEEPING   it*. 
 
zo  The  (parliaments  interejl  in  the  Militia 
 
 KEEPING     OF    THE    BARONS:  the  Provifons  of  Oxford  be  inviolably 
 objerved  >y  and  aU  &tr*n*ers  by  a  ccrtainc  time  avoyded  the  hjngdome,  except  f/u  b  as  by  a  aene- 
 rail  confetit,  fhotild be  held  fahbfid  and  profhMe  fir  the  fame:  Whereupon  the  Barons 
 tooke  pofleifion  of  molt  of  the  Caftles  by  agreement,  or  violence  where  they  found 
 refiftance,as  they  did  in  many  places.  And  by  the  C  ONSEN  Tof  THE  KING 
 and  BARONS^  Sir  Hugh  le  Spenjer  was  made  Chiefe  Juitice  and  keeper  of  the 
 Tower.     This  done  at  London ;  the  Barons  departed  to  W'vidfor  to  fee  the  guidin<*  oi 
 thatCaftle,  where  they  put  out  thofe  aliens,  xvhom  Sir  Edward  the  Kings  Sonne 
 had  before  put  in,  and  put  other  Officers  in  their  places '•  fpoyling  them  of  fuch 
 goodsasthey  had.      \V  ho  complaining  thereof  to  the  King,  he  put  them  off  for 
 that  feafon.    After  which  they  fe-feifed  Dover  Cafle,  and  made  Richard  de  Gray,   a 
 valiant  and  faithfull  man,  Conftable  of  it;  whofcarchingaJi  paflengers  that  came 
 thither,  very  ftriftly,  found  irreat  Itore  of  Treafure,  which  was  to  be  fecretlv  con- 
 veyed to  the  Poift  wines, which  he  feifed,and  it  was  imploy  ed  by  the  Barons  appoint- 
 ment, upon  the  profitable  ufes  of  the  Realme.    The  y  eare  folio wing,the  Commons 
 of  London  chofe  Thomas  F  it  z-T  homos  for  their  Mayor,   and  without  confent  of  the 
 Aldermen,  fware  him  at  the  Gnild-baH,  without  prefenting  him  the  next  day  to  the 
 King  or  Barons  of  the  Exchequer.    For  which  the  King  was  grkvoufly  disconten- 
 ted ;  and  being  advertifed  that  the  Citizens  tooke  part  with  the  Barons,  caufed  his 
 Sonne  Edwardto  take  the  Caftle  oWwfor  by  a  traine  •  to  which  the  King  and  Lords 
 of  his  party  repaired.    And  the  other  Lords  and  Knights  with  great  Forces  drew 
 towards  London  y  but  by  mediation  of  friends,  there  was  a  peace  concluded,  and 
 the  differences  were  referred  to  thzFretzcb  King  to  end  .Who  giving  ex  preffefentence 
 -      that  all  the  A&s  of  ^^/m/,  mould  from  thenceforth  be  utterly  forborne  and  an- 
 nulled t 
 
 The  Barons  difcontented  with  this  partial!  fentence,  departed  into  the  Marches 
 of 'Wales ;  where  railing  Forces,  they  feifed  on  many  Townes  and  Catties  of  tl^e 
 Kings,  and  Prince  Edward  going  againft  them,was  fore  dittrcfled  and  almoft  taken. 
 Hereupon  to  end  thefe  differences,a  new  Parliament  was  appointed  at  Oxford^  which 
 tooke  no  effeft,  Becaufe  when  the  King  hadyeelded  the  Statutes  of  Oxford f:ouldfl  and,  the 
 Nota.  Queenewas  utterly  againfi  it ;  whofe  oppofition  in  this  point  being  knowne  to  the 
 
 Londoners,  the  bafer  fort  of  peoplewere  fo  enraged,  that  (he  being  to  (hoot  the  Bridge 
 '  from  the  Tower,  towards  Winfor,  they  with  darts,  itones,  and  villanous  words, 
 forced  her  to  returne.     After  which,;  the  Lords  fending  a  Letter  to  the  King,  to  be- 
 feech  him  not  to  beleeve  the  ill  reports  of  fome  evill  Counfellors  about  him,  touch- 
 ing their  loyaky  and  honeft  intentions^   wereanfwered  with  two  Letters  of  defi- 
 ance.   Upon  which  enfued  the  bloody  battle  oi  Lewis  in  Sujfex,  in  which  the  Kin^ 
 and  his  Sonne,  with  25.  Baron?  ?.nd  Baronct?,wcrc  taken  prifoners,  &. twenty  thou- 
 fand  of  the  Commons  ilaine.    Richard.  King  of  Rom  z?;/,the  Kings  Brother  was  like- 
 wife  taken  prifoner  in  this  Battle,  (7/)  who  a  little  before  comming  over  into  E;;t- 
 (h)  M&t.Tartiy  [and \v\ih  fome  Forces  to  ayde  his  Broth. r,   the  Barons  hearing  thereof  caufed  all 
 *pl6\V*'S*'  trjeShips  and  Galliesof  theCinqueports and  other  places  to  meet  together  armed, 
 to  refill:  him  by  Sea,  and  fenthorle  and  footto.withliand  nimby  Land  if  he  arrived: 
 Which  Richard  having  .intelligence  oi,  disbanded  his  Forces;  and  lent  word  to  the 
 Barons,  that  he  would  take  an  Oath  to  obfervc  the  Articles  and  Statutes  made  at 
 Cxvjford :  whereupon  he  was  permitted  to  land  at  Psw  with  a  final]  Traine,  whi- 
 ther 
 
The  Parliaments  intereft  in  the  Militia, 
 
 thcr  King  Henry  went  to  meet  him.  hnt  the  Barons  would  not  fuffer  thk  Jtingfm  any  oj 
 frame  to  enter  int  0  Dover  C  aft  le,  becaufi  he  hid  not  t.dpi  his  Oath  to  obferve  the  fort- 
 fsidStiattes  ;  no+yetthe  King  ^/'England  tdgxint*  it  ffbr  feare  of  fuipriiaJ] )  becaufi 
 itirji  the  principall  Bulwark  of England  j  fine  Barons  then  having  both  it  and  all  the 
 Cinqueports  in  their  Cuilody  to  (ecurc  the  kingdoms  from  danger)  Neither  would 
 they  permit  King  Richard  to  goc  on  towards  London,  till  he  had  taken  the  Oath 
 *  forcmentioned.     Afar  this  battle  all  theprifoncrs  were -lent  to  icvcralJ  prifons, 
 
 pt  the  two  Kings  and  Prince  Edward^  whom  the  Barons  brought  with  them  to     *"  '•*  .• 
 London  •  where  a  new  Grant  wot made  $y  the  Kingjtbdt  the  [aid  Statutes  fl?ou!d  Sand  in 
 jlren^th  :  and  if  any  were  thought  unreasonable,  they  to  he  ami  tided  by  fimre  Noblemen  of  the 
 Realnte:  and  if  they  could  not  agreejlxh  the  Earl*  bj '  Anpon,and  Duke  tfBurgoin  to  he  Jud- 
 ges of  the  matter :  And  this  to  beiirmelj  holdeh  and  obeyed  by  both  the  Kings  •  \\  ho  granted 
 that  both  their  Sonnes  and  Heires  ihould  remainc  as  Prifoners,  and  Hcftagcs  with 
 the  Barons,  till  al!  things  were  rmitl.cd  according  to  this  agreement.    Upon  which 
 a  Peace  was  proclaimed  in  London  bctweenc  theKingand  his  Barons.  Then  it  was 
 agreed  by  the  King,   that  for  hit  more furetyand  the  weak  of the  Laid,  the  Earte  of  Ley* 
 r fhonld  be  repent  in  his  Court  •  Upon  which  agreement,  many  ot  the  Prifcneni 
 were  let  at  large.  In  the  meanc  while,  before  the  battaile  of  Lewis,   the  Q^ecne  and 
 King  of  Romans,  had  fcnt  over-fea  for  Souldiers,  toaydethe  King  agairilt  the  Ba* 
 rons,  which  now  were  come  in  great  number  unto  Dover,  and  there  hovered  on  the* 
 Sea  to  have  landed.    Whereof  the  Barons  hearing,  they  fent  the  King  ok  Romans 
 rifoncr  to  Batfyamfled,  until]  the  fud  Almaines  were  returned,  and  caufed  King 
 v  with  a  great  power  to  ride  to  Dover,  and  force  the  faid  Holt  of  ftrangers  to  re- 
 tut  ne  unto  theirCountrics.    After  which  by  the  couniell  of  the  Lords,- a  Parlia- 
 ment was  agreed  and  held  at  Wefmlifier,  wherein  a  general]  Pardon  was  granted 
 10  all  the  I  -ords  and  their  adherent?,  for  any  matter  of  difplca  Hire  done  to  the  King 
 or  his  Sonne  Prince  "Edward before  that  day  ;  which  to  uphold,   the  King  and  he 
 •  ne  O.tth  before  the  Lords  5  and  it  was  further  agreed.  That  the  Prince 
 ild  reticle  in  the  Kings  Court,  and  not  departthence  without  licenfeof  the  King 
 and  ofecrrainc  Barons.    Then  were  ma  ny  initramerii  s  and  bonds  brack  by  the  Kin:; 
 and  Prince,  for  the  performance  of  fun  dry  Covenants  bttweene  the  King  and  I 
 rons;  which  (bortly  after  tooke  final!  erfecf,  and  begat  new  warres*  this  King-, 
 frefb  breaches  otOathcs,  and  promifes,  procuring  him  alwayes  n:w  infurre&i 
 reed  Parliaments,  which  the  Barons  contained  him  to  call  and  hofd,aga 
 his  will.  Hcrw  the  Lords  and  -Parliament  oft  fci  fed  hpon  the  Ca,l'es,  Forts,1  Ann 
 munition  in  King  Edwar  /thcfecond,and        ■•  i the ieconds Rcignes, "when  diffe- 
 rences grew  betweene  them,  I  h  aye  already  in  part  rcmembred,  and  you  may  peadi 
 
 due  in  the  Hiltcries  of  their  lives-.  In  (1)  the  53.  yea  re  of  King  Lknry  the  iixth   p) 
 his  Reigne,  the  valiant  Earle  ofWafwicbfr  was  mule  Captaine  o"  C  tli  e  by  the  Pa  j-  An-  *J«  19  H  6. 
 lurnent;  a  place  ofgreat  honour  and  trull  in  thofed.-yes:  by  vcrtuc  whereof,  all  '-o1,6;';, 
 :hc  warlike  a'faircs  and  bn'.inefTe,  re.red  principally  in  the  Earle  of  f%arwic&£  :  After  ch 
 .vhich  the  Qucenc  (  anambitioiWirringWoman)to  breake  the  peace  newly  made  />.  400.  404. 
 ind  ratified  by  oath,  betwecne  the  King,  Lords,  and  Duke  of  Tcrke,  fcrcated  Lord-  Grafionp.6%*  , 
 Vote&or  by  the  Pari i amen t)caured  a  fray  to  be  made  on  the  Earlcs  men, which  pro-  ?*/*£'•  Spec, 
 Uiced  a  warre  and  bloody  battle,wherein  the  Earle  gained  the  field.  f^7v       *^ 
 
 Whereupon  the  Kh^difpleafedv/ith  tl>e Earle,  by  lii s  Letters  Patents,  granted  r^^S/t 
 
 C  3  the 
 
11 
 
 The  Parliaments  inter  eft  inthe  Militia* 
 
 j  41.  21.E.4- 
 35./).  Bur. 201. 
 Br.Fit^.lm- 
 prifonmenr, 
 6.12. Si  Hi  ft. 
 3 .  Compto  de 
 Pace  J  97  98. 
 115,114.132. 
 IC.J8.7R.Z. 
 c6.11  H.4C 
 72.//.5.C.6.8. 
 jR.2  c.5.  17 
 K.2.c8.l^tf. 
 
 5£.6.c.5. 
 I  Jtf<*r/<  c  1 2. 
 (l)LivuHift. 
 1. 1. 2.4-  Peljbi- 
 WyUift.l.  6. 
 Dionyf.Hal.l. 
 2.  c.  z.Bodim 
 Common  wcalc 
 /.i.r.io  /.f. 
 See  rhe  Ap- 
 pendix. 
 (m)Po!it.?.l- 
 c.\  1. 
 
 &  Regis  In  flit. 
 
 /...r.8,9. 
 
 *R'din-Com- 
 
 c.f. 
 
 *  Ar ragmen* 
 fium  Remm 
 Co'wrcntar.p. 
 5^8,5897^ 
 
 the  Captainfhip  oiCaleyej  to  jWa  D//^e  0/  Summer/at ;  who  going  over  to  Caleyejy 
 in  the  38.  yeareofKin^Hcwy,  to  take  paffeffion  of  his  place ;  (hewed  his  Patent 
 totheEarle,  who  refilled  to  refigne  his  place,  anfwering,  that  be  w a  put  into  it  by 
 the  Parliament^  and  Jo  could  not  be  outcd  of  it  but  by  Parliament  •  and  kept  the  Duke  forth 
 of  the  Towne  -,  who  being  thus  expelled  from  his  office,  after  fome  skirmifhes  with 
 theEarlesGarrhon,  ("wherein  the  Duke  had  the  worft)  hee  fentover  to  the  King 
 and  Queene  for  ayde,  .in  defence  of  this  quarrell  5  whereupon  they  provided  400. 
 warlikeperfonsto  pafle  the  Seas  for  his  ayde,  and  (hips  to  transport  them:  who 
 lyingat^Wn?ic/7fora  winde;  theEarleof  Warwick^  being  therewith  acquainted, 
 (ent  JohnVingham  a  valiant  Efquire,  with  a  fmall  number  of  men,  but  a  multitude 
 of  couragious  hearts  to  Sandwkh  5  who  fuddainly  entred  the  fame,  tooke  the  Lord 
 Riven  and  his  Sonne  (who  commanded  thofe  SouldiersJ  in  their  beds,  pillaged 
 fome  houfes  and  (hips,  and  belides  this,  tooke  iheprincipall  flnps  of  tbe  Kings  Navy  then 
 lying at  the  Port  well  formfeed  with  ordnance  a?id  artillery  (t\\  rough  the  favour  of  the 
 Mariners,  who  favoured  the  Earlemoft)  and  brought  tbe  royaUfeips  loaden  with  booty 
 andprifonerstoCaleyes  3  With  thefe  fhips  theEarle  after  parted  to  the  Duke  of  Tork 
 into  Ireland,  and  afterwards  into  England,  where  the  Duke  of  Torke  in  full  Parlia- 
 ment laid  claime  to  the  Crowne,  which  his  Sonne  after  obtained,  depofing  King 
 Henry,  as  having  no  lawfull  Title  thereunto.  I  recite  not  this  Story  to  jultifieall 
 particulars  of  it,  but  onely  to  prove.  That  the  Parliament  in  thofe  times,  had  the 
 conferring  of  Captaines  places  of  great  eft  trult,  who  had  the  command  of  the  Mi- 
 litia ;  and  that,  as  this  Earle  in  policy  onely,tor  his  owne  (afety,feiied  on  the  Kings 
 royall  flaps,  and  Ammunition,  in  which  he  had  no  right  •  fo  by  the  fame  reafon, 
 the  Parliament  may  difpofe  of  fuch  places  of  Military  truit  in  theie  times  of  dan- 
 ger, and  of  the  Navy  and  Ammunition  of  the  kingdome,  in  which  they  havea  re- 
 all  intereft,  for  the  kingdomes  fafety  and  their  owne.  (l^J  A  Sheriff:,  Juftice,Con- 
 liable,  and  other  Officers,  by  the  Common  and  Statute  Law  oj  the  hand,  may  and  tught 
 to  difarme  a?idfeife  any  mans  weapons  whatsoever,  and  imprifon  his  perfonfor  a  time,when  by 
 aU,or  apparent  intention  onely,hefe>aU  but  difturbe  the  peace,  or  make^any  Fray,  Rout,  or  Ri- 
 ot, to  the  annoy  aiice  of  the  peop  'e,  till  the  tumult  and  danger  be  paft,  and  tbe  peace  fecuredm 
 Much  more  then  may  the  highert  Soveraigne  Court  of  Parliament,  feife  the  Forts, 
 Armes,  Navy,  Ammunition  of  the  Pvcalme,  (in  which  they  have  reall  intereft)  and 
 fecure  them  for  a  (eafonj  to  preserve  the  whole  kingdomes  Peacc,and  prevent  a  chill 
 Warre,  without  any  injury  to  his  Majeity,  till  all  feares  of  warrc  and  danger  be  re- 
 moved. Not  to  trouble  you  long  with  forraine  hiftories  of  this  Nature;  in  the  Ro- 
 man ft  ate  the  (/)  chiefs  power  of  making  warre  or  peace ,  of  ordering  of  the  Militia  and  difpo- 
 fingoftbecuftody  of "Ca f  Its, Forts,  Ammunition  was  in  the  Senate  and  people,  not  the  King 
 or  "Emperour ;  as  it  U  in  Germany, and  mo  ft  forra'me  States  and  kingdomes,  at  this  day- 
 without  any  diminution  to  thofe  Kings  and  Princes  juft  prerogatives.  It  is  the  determina- 
 tion of  the  prime  Politician  Q?i)Ariftotk(Cccondcd  by  (n)  John  Mariana  and  others^ 
 that  in  lawfuH  kingdoms  the  chief e  ft  rength  &  power  of  the  Militia  ought  to  reftde  in  the  king- 
 domes  binds  ^  not  Kings,  who  ought  to  have  onely  fucb  d~  moderal:  power  and  guard  of  men 
 as  miyfuffice  tofuppreffe  riots  5  andmaintame  the  Authority  of  the  Lawes^  but  not  fi  grea, 
 a  force  as  may  mafter  all  his  kingdome,  *  left  he  become  a  tyrants  and  his  Subjects  Jlaves 
 In  the  kingdome  ofArragon  in  Spaine  (as  I  read  in  *  Hieronymus  Blanca)  this  is  ; 
 fun  J.  mcnta'1  antient  Law,  (nude  about  theyeare  ofChrirtS-p.by  their  Superbienj 
 
 Forum 
 
The  Parliaments  interefl  in  the  Militia. 
 
 *5 
 
 ?  be  invade  their  Lawes  or Liberties  •  as  netneremanircitsat  larg( 
 ftary  the  great  Palatine  of  Hungary,  the  greateft  officer  of  that  kingdome,  and  tbe 
 KiniiJ  lieutenant  General}  ,  who  commands  t/je  Militia  of  that  Kealme  ,  is  chofen  by 
 the  Parliament  and  Elates  oftbat  country,  not  the  King.  It  was  provided  by  the 
 Lawes  of  the  *  JEtolians,  that  nothing  (ho u Id  be  entreated  of  C ONCE R- 
 
 Vornm  now  commonly  (Hied,  Juflitia  Arrogoni*  during  the  Interregnum,  to  pre- 
 serve their  Countries  Liberties,  to  keepe  their  Kings  power  within  due  bounds  of 
 ioyaltie,&  prevent  a  tyranny,with  divers  others  of  this  nature,which  their  Kings  fo- 
 lemnlv  fweare  toob(crve,bcfore  they  are  crowned  :Jthe  words  of  the  Law  are  thcfe> 
 The  Kin?  (ball  tak^  beed  tbat  be  neitber  nndertah^  warre,  nor  conclude  peace,  nor  makp  truce, 
 nor  bandit  any  thing  of  great  moment,  but  by  tbe  advife  and  conftnt  of  the  Elders  :  to  wit,  the 
 IttQitia  Arraton'uc  ,  the  Handing  Parliament  of  that  kingdome,  which  bath  power  over 
 and  above  tbe  K'mg.  And  at  this  day  fas  thefamc  *  Author  writes)  their  Kici-homines,  ¥  ^ 
 (or  fclefted  Pecres  appointed  by  that  kingdome,not  the  King)  have  all  tlx  charges  and   ¥f[T'u%  \n 
 
 '  fum- 
 Impcrium 
 am  lerum 
 bcllictiwnad- 
 mimjiraticntm 
 cbtinet^foc. 
 *  Nichtlam 
 Whiar.fw  de 
 
 NING  PEACE  OR  W  ARRE,  but  in  their  Pan£t  olio,  or  great  generall  Conncell   HifiJ^Jal[\ 
 of  flat e  ;  in  which  all  Ambajfadors  were  beard  and  anfwered ;  as  tbey  were  lil^exvife  in    tbe   85.  Bedim 
 Roman  Seriate.  And*  Charles  the  fifth  of  France,  having  a  purpofe  to  drive  all  the   Commtnwcale^ 
 Englijhmen  outot'France  and  Jquitain,  affembled  a  generall  aifembly  of  the  eftates  /^--1°/>- 
 in  a  Parliament  at  Paris,  by  their  advife  andwifedome  H  amend  what  by  hivifelfe  bad  not  *  Jj   R^m 
 beene  wifely  done  or  confidered  of,   andfo  undertook^  tbat  warre  with  the  counfell  and  good  li-   JfiftJ.*  i.jf, 
 kinR  tf/ffo  Nubilitie  andpeople  whofe  btlpe  be  w&  to  life  therein :  which  warre  being  in  and  BediK.Csm- 
 by that Conncell  decreed,  profpered  in  bis  ba?id-y  andtookegood  Jucceffe  as  Bodin  notes;  be-   m-nw^^i* 
 caufe  nothing giveth greater  credit  and  authority  to  any  publikm  un 'dt /takings  of  a  Prince  and  iL^n\^A 
 people  in  any  State  or  Commonweale%  then  to  have  them  pafje and  ratified  by  publike  advife 
 and  eonfent. 
 
 Tea  the  great  Confiable  of  France,n'hj  bath  tbe  government  ofth  Kings  Sword,tbe  Army, and 
 Militia  of  France  ^ai  anciently  chofn  by  tbe  gnat  CounceU  of  tie  three  Eftaiej  and  Parliament 
 §ftbat  hjngdomt ;  as  is  manifest  by  their  ele&ion  ok  Arthur  Duke  ofBrhaine  to  tbat  office, 
 Anno\^2^.  before  which.  Anno  1 25  3.  they  elected  the  *  Eaile  of  Leycefler  a  valiant 
 Souldicr  and  experienced  wife  man,  to  be  the  grand  Senefball  of  France,  adconfulemhtm 
 regno  defol at 0,  &mnltum  defperato,  quiaJlwuM  Unt  &tideli*  5  which  office  he  refuted, 
 leithe  (nouldfeemeaTraytourto  Henry  the  third  ot  England,  under  whom  he  had 
 becne  govemour  oiGafcoignc^  which  place  he  gave  over  for  want  of  pay.    In  briefe, 
 the  late  examples  of  the  (0)  Proteflant  Princes  in  CJtrmany^France^Bcbemia^th  Lo:v  coun- 
 tries, and  of  our  brethren  in  Scotland  within  foure  yeares  lait,  who  feifed  all  the 
 '  Kings  Forts,  Ports,  ArmeSjAmmunition, Revenues  in  Scotland,   andforne  Townes   <fan/.8.i8.r_. 
 [  'in  England  to  preserve  their  Lawes,  Liberties,  Religion,     Eftates,    and  Country   G  'vn$cn  lm' 
 \  from  deftru&ion,  by  common  eonfent,  (without  any  Ordinance  of  both  Houfes  flx^u////^' 
 1  in  their  Parliament)  will  both  excufe,  and  jultifie  all  the  A&s  of  this  nature,  done  wAferdimdm 
 '   by  exprcfie  Ordinances  of  this  Parliament;  which  being  the  Soverai^ne  higheft  thefecond, 
 '  power  in  the  Realme,  intrufted  with  the  kingdomes  fafety ;  may  put  the  Ports,Foits, 
 Navy,  Ammunition  (which  the  King  himfelfe  cannot  manage  in  perfon,  but  by  fub- 
 
 Bcdins  Il-id. 
 
 *  Matthew  TV 
 ru  hijt.Angut: 
 
 (o)Dimtbi 
 fiiftoi  u^'pe- 
 
 \  ftitutes)  into  fuch  under  Oficers  hands,  as  (hall  both  prcferve  and  rightly  imploy 
 I  them  for  theKing  and  kingdomes  lafety,  and  eleS  theComnwnders  of  the  Mi" 
 
 ltia 
 according 
 
24 
 
 The  Parliaments  tut er eft  in  the  Militia. 
 
 *  l*mb&rj, 
 
 Archaionf. 
 1 1 5  Dc  Here* 
 tacBm. 
 
 *See  Matter 
 Se  Liens  Tit  la 
 <f  Honour  3p. 
 6cy> 
 
 *  E&dins  Can" 
 
 *Onmj 
 />-<7i. 
 
 according  to  the  expreffe  letter  of  King  Edward  tbe  Confeffors  Laws  ( which  our  Kings 
 at  their  Coronations  weru  tfill  fworne  to  maintained  wherewith  I  (hall  in  a  manner 
 conclude,  the  Legall  part  of  the  Subjects  right  to  ek&  the  Commanders  of  the  Mi- 
 Iithyboth  by  Sea  and  Land.  *  Erant  &ali<epoteftates  £«  dignitatis  per  provindas  &  pa- 
 triot unirvirfas  &  per  fingulos  Com \t  tins  to:ius  regni  conftitut£,  qui  Hcretocbii  apud  Anglos 
 vocabantur^  Scilicet,  Barony  NebileSj  &  infigms,  fapientes  &  fideles,  &  animofi;  Latine 
 zero  dicebantur  Due 7 ores  exercitu*  •  .  apud G  alio  s,Capit  ales  Co?ifiabuUrii9  vel  Marafeba  li 
 Exerdtus.  Illi  vero  ordinabant  acies  denfijjimas  in  prsliiSy  &  alas  confiituebant^  prout 
 decuit,  &  prout  iis  melius  vifumfu it,  ad  Honor  em  Cjymj^    ET    AD   UTILITA- 
 
 TEM  REGNI.  I/rizwwViELIGEBANTUR.  PER  COMMUNE 
 OONCILILIM  PRO  COMMLINI  UTILITATE  REGNI,PER 
 PROVINCIAS  ET  PATRIAS  LI  HI  VE  R  S  AS,  ET  PER  SIN- 
 GULOS  COM  IT  AT  LI'S  (To  as  the  King  had  the  choyce  of  them  in  no, 
 Province  or  Countrey.,  but  the  Parliament  and  people  onely)  inpkno  Folcmote.  S  I- 
 CLITET  VICECOMITES  PRO  VI N  CI  A  R  LI  M  ET  COMI- 
 T  A  T  LI  U  M  E  L  E  G I  D  E  B  E  N  T.  La  quod  in  quolibct  Comitatu  fit  unus  Here- 
 tocb  PERELECTIONEM  ELECT  LI  S  ad  conducendum  txerdtum  Ccmi- 
 talus  jui^  juxta  prtceptwn  Domini  Regit  y  ad  bonorem  Comi£0  e^UTlLITATEM 
 REGNI  prtfdicli}  femper  cum  opus  adfuerit  in  Regno,  hem  qui  fugiet  a  Domino  vel 
 fociofuopro  tim'iditate  Belli  vel  Mortis  in  conduU ione  Her etocbii  fin  IN  EXPEDITI- 
 ONE  NAVALI,  VEL  TERRESTRI  (by  which  it  is  evident  thefe  popular 
 Heretochs  commanded  the  Militia  of  the  Realme  both  by  Sea  and  Land,and  might 
 execute  Martial  1  Law  in  times  otwixpc)  fferdat  omm  quodjuum  efi,&  fuam  ipfius  vitamy 
 &  minus  mitt  at  Dominus  ad  terram  quam  ei  ante-:  dederat.  Et  qui  in  bdlo  ante  Dominum 
 fuum  cedderit,  fit  hoc  in  terra,  fit  alibi,  fint  ei  rekvationes  cmdonatz  •  &  babeant  H<eredes 
 ejus  pecttniam  &  terram  ejus  fine  aliqua  dim inut ione 3&  reUe  dividant  inter  jhhfi  unanswe- 
 rable evidence  to  fatisfie  all  men. 
 
 To  which  I  (hall  onely  adde  that  obfervation  of  the  learned  Antiquary  Sir  Henry 
 Spelman  in  his  *  Glojfar'mm ;  Title  Dux,  and  Heret  ocb  ius  ^(wherc  he  cites  this  Law  of 
 King  Edrrard)  That  the  Heretocb  was  Magifter  Militi£,  Confiabularius,  Marifcallus- 
 DVCTOR  EXERCITVS,  S 1VE  KAVALIS,  SIVE  TERRE- 
 STR  1 5; called  in  Saxon  * Heretoga  :  ab Here,  Exercitus, &  Togen, Ducere.  Elioeban- 
 tnr  infleno  Folcmotejjoc  efi,  nm  in  illo  fitb  initio  ca  'endarum  Maii,  at  in  alio  fab  capite 
 Calendarum  OStobris.Aderant  tunc  ipfi  Hereiocbii,  &  QU  j£  V  O  L  LI  E  R  E,  I M  P  E- 
 RAB  ANT  EXEQLIEND  A;  confvlto  tarntn  PROCERLIM  COETLI 
 ET  fUDICIO  TOTILIS  FOLCMOTI  APP  ROB  A  NT  E.  Then 
 he  fubjoynes  POPULARIS  ISTA  HE  RETOCHIOR  U  M  SELI  DLL 
 CUM  ELECT!  O,  nofiris  Saxonibus  cum  German  is  aliis  .COMMUNIS  FLIIT-- 
 VtinBoiorum  II, videos ,Tit.2. cap. I. S.i.Siquis contra  Ducem fuum,  -.quern  Rex  ordina- 
 vit,  in  Pmvincia  ilia  All  T  POPULLI'S  SIBI  ELEGER/T  DUCEM, 
 de  morte  Ducvs-confiliatus  fuerit,  in  Duels  fit  potefl a\e,&cHuc  videtur  pertinere  quod  apud^ 
 Greg.  tTuro?i.  Icgas  /.8.  Seff.  18.  Wintro  Dux  a  Tagenfibus  fit  is  depulfus  Ducattt  caruit  &c* 
 fedpoftedpacato  populo  Ducatum  recepit:  E  igeba?itur  tnim  inter dumHrovinciarum  Duces 
 AB  IPSO  POPULO.  In  the  *  Roman  State,  the  Senate,  andfome  times  the  peo- 
 ple done  fvvhout  tbeir  advifejjad  power  to  appoint  Lieutenants  and  Gnvemours  of  Provinces  • 
 ;v/a nee  tb 'v* 'Senate  commanded tboj}  Governours  ofTrovinces  whom  tbeEmperour  Maximinus' 
 
 bad 
 
 L 
 
The  Tarliaments  intere/i  in  the  Militia.  2  ? 
 
 tcedy  and  otlxrsto  lh   ;i!>llit.'(fil  in  their  roomes,  rrbicb  i^  ~  , 
 
 jet  per todiffofe of 'the  common? reajkre9  and publh 
 
 I  ad(b  w<  r<  id  in  Scripture,  Jvfyu  11.5.  to  12. 
 
 tntbe  children  of  An  I  \.\/,  //v.'  '  Gikad  rvent  tn 
 
 fitch  Jepbibab  out  of  the  land  of  Tob,   And  they  j aid  unto  Jepbtbab9Com*  and  be  ourC.ip- 
 
 tbi  Childrtnof  Ammm^&c,  I  fhthah  iventrvith  tic  El- 
 
 IHK    PEOPLE   MADE    HIM    HK  AD  and  CAP- 
 TAIN K  OVER     111  E  M :  the  Princts  and  people^  even  under  Kings  themf  elves, 
 ittgtht  cb'u  fedifbofingpower  of the  Militia  and  denouncing  aw^  as  is  evident  by  Jofl/. 
 11.  do  32.  Jndgts  20.  and  21.  throughout  1  S,/>w.  1.1.38.  to46.c.  29.  i,  to  n. 
 2  S.;w.  18. 2,3,4.  c  19.  1.  to  9.  Pr^.20.i8.c24.  6.  compared  together. 
 Andforaclofeofall,  leit  any  ihould  objjct,  that  no  late  direct  precedent  can  bee 
 duced  to  prove  the  office  of  the  Lord  Admirall,  andcurlody  or  the  Seas  difpoied 
 by  Parliament,  I  ("hall  conclude  vvi  th  one  punctual!  precedent  of  many.In  2+,H.6. 
 prima  Pars  Pat.  m*.  1 6.  The  Kin^  grants    to   John  Duke  of  Exeter,    the  OFFICE 
 
 OF  ADMIRALL  OF  ENGL  AN  D,IPvE  LAND  and  AQUITAIN, 
 
 with  this  fubici  iption,Ptr  breve  de  privato  figiilo,  AVCTORITATE    P  A  Pv.- 
 LI  AM  EN  T  I,  the  former  Patent  of  this  office  made  joyntly  to  him  and  hisfonne 
 by  thcKing  alone,  in  the  14.  ycare  of  his  reigr,e,being  furrendrediu  the  Parliament  *  Cc^kcs  it  flit. 
 of?*;,  and  a  new  one  granted  them  by  its  direction  and  authority.  Yea  moitofthe   ^!^7/-/-I1<>. 
 Admiralls  Patents  (which  anciently  were  not  univerfall  for  all  England,  but  feverall   c*",hdt™BnJ' 
 for  fiicband Cuch  parts  oncly,  and  commenly  but  annuall  or  triennuall  at  molt)  ficd?Dc(criv- 
 as  Si;  /  zlman  obferves  in  his  Clojfarjj  in  the  word  Admir •alius ,where  you  have  "on  of  England 
 
 an  exact  KalcnJcrofalJ  the  Admiralls  Barney  with  the  dates  of  their  feverall  Patents  r*8  Pl  1 3anf* 
 and  Commiifions,  arc  DE  AVISAMENTO  ET    A S S E N.S U    C O N-   f  ™afs of Ire'' 
 S 1 1 , 1 1  .which  is  almoib.s  ufually  taken  for  the  Kings  *  great  Counfell,  the  ParUa-   i*^arJ$£° 
 mentj  as  for  his  privy  Counfcll.   And  if  our  Kings  have  conriantly.  difpofed  of  this  cromptcn, 
 Office  by  the  adviie  or  aflent  of  their  privy  Counlell,  there  is  more  reafon  and  equi-  Correl, 
 tie  they  (hould  doe  it  by  the  advife  of  their  great  Counlell,    of  which  his  privy  MirfhewTh. 
 Counfcll  are  but  a  part,  and  by  whom  they  have  frequently  bcene  elected,  as  I  (hall  s    Th*' 
 plentifully  manifclt  in  the  next  objection,  Smith  Com- 
 
 Now, whereas  fomepretend,  that  the  Parliaments  feifing  and  detaining  of  the  wonwealdi. 
 Kings Caftles,Ports,Ships,Armes and  Ammunition  is  High  Treafon,  within  the  /-2-r-I:2- 
 Statute  of  25  Ed.  3^.3. and  a  kvyji^ofrvarre  againft  the  King,  Objeft. 
 
 Ianfwenfirlt;  thatthc  Parliament  was  never  within  the  meaning,  nor  letter  of     •dnjiv. 
 that,  or  any  other  Act  concerning  Treafons,  as  I  have  former!  v  proved  ;  the  rather 
 becaufetheKingis  a  member  of  it,  and  Co  ihould  commit  Treafon  again  It  him- 
 felfe,  which  were  abfurd. 
 
 ,becaufe  both  Honfcs  are  of  greater  authority  thch  the  Kings  (a  mem- 
 ber of  them  as  they  make  one  Court)  Scfo  cannot  commit  Treafon  agaimt  thelede. 
 
 Thirdly  ,the  Parliament  is  a  meere(p)Corporatia»andCwrt of 7^Mf,ancifo  not  capa- 
 ble of  the  guilt  of  Treafon  :  A  Tudge,Maior,  or  particular  perfons  of  a  Corporation  <p\  7.m 
 may  be  culpable  oi  high  Treafon.aspiivjtemen,  but  not  a  Court  of  jultice,or  Cor-  f  i.b     " 
 poration.  *Wzi« 
 
 Fourthly  ,by  the  very  Statutes  of  2$  E.$.and  of  U  7c.  2.^3 -1  R.2.C.12.1  H.  4  n-    Se#*97.v  + 
 2i.Pv.  2.c.?.  thcParliament  is  the  fblc  Judge  of  all  new  Treafon*,  *  t  Within  the"   :" 
 
The  Parliaments  Interejiin  the  Militia  • 
 
 very  letter  of  thar  aft  5   and  if any  other  cafe  fuppnfed  Treafon,  not  there  Jpecified,  happens 
 before  any  J u fines ^  the  Jufi  ia flail tarry  without  any  going  to  judgement  of  the  Treafon,  tiU 
 tbecattfi  beefiewen  and  declared  before  the  Kin*  and  his  Parliament ,  whether  it  ought  to  be 
 judged  Treafon.    And  if  the  Parliament  be  the  fole  Judge  of  all  Treafon  s,  it  cannot 
 'be  guilty  of  Treafon,  for  then  it  mould  be  both  Judge'and  Dclinquent-and  if  fo,no 
 doubt  it  would  ever  acquit  it  felfe  of  fuch  a  crime  as  High  Treafon,   and  never  give 
 judgement  again  lUtfelfe.  And  no  Judge  or  perfon  elfe  can  arraigneor  judge  it,  or 
 the  members  of  it,  becaufeitis  the  higheit  fovcraigne  Court,  over  which  no  other 
 perfon  or  Court  whatibever  hath  any  the  leaft  jurifdiftion  :  So  that  if  it  were  capa- 
 ble ofthe  guilt  of  Treafon,  yet  it  could  not  be  arraigned  or  judged  for  it,    having 
 no  fiiperiour  or  adequate  Tribunall  to  arraigne  it. 
 
 Fiftly,  admit  it  might  be  guilty  of  High  Treafon  in  other  cafes,  yet  it  cannot  be 
 fb  in  this.  For  having  a  joynt  intereft  with  the  King  in  the  premifes  in  the  King- 
 domes  right5(thefo!e  propriatorof  them)it  cannot  doubtles  be  guilty  of  treachery., 
 much  lefle  of  High  Treafon  for  taking  the  cuftody  and  poffeflion  onely  of  that 
 which  is  their  ownc-  efpecially  when  they  bothfeife  ayiddetaine  it  for  its  owne  proper  ufe, 
 the  Kingdomes  feenrity  and  defence  ;  without  any  malicious  or  traytorous  intention  againfi 
 King  or  kingdome. 
 
 Secondly,  I  anfwer,  that  the  feifing  or  detaining  of  thefe  from  the  King  are  no 
 Treafon,  or  levying  of  Wane  within  this  Law,  as  is  moft  evident  by  the  Statutes  of 
 6.Ed.  6.C.H.  which  exprefly  diftinguifheth,  the  feifing  and  detaining  ofthe  Kings  forts. 
 Ammunition,  Ships  ,  from  the  levying  wane  againfi  the  Ki?ig  in  hi*  Kealme,  and  by  an 
 exprefle  new  claufe,  enafts  this  feifing  and  ddayning  to  be  High  Treafon  from  that 
 time,  becaufeit  was  no  Treafon  within  2 5. Ed. 3.  before,  which  if  it  had  bcene  in 
 truth,  this  new  claufe  had  beene  fuperfluous ;  which  law  of  King  Edward  being  re- 
 pealed  by primo  Mari£,RafialTreafon,20.  this  offence  then  ceafed  to  be  Treafon  : 
 whereupon  by  a  fpeciall  aft  of  Parliament  in  14  E!iz.  c.  1.  it  was  made  High  Treafon 
 ugaine,  (which  had  beene  needled^  if  it  had  beene  a  levying  of  wane,  or  Treafon 
 within  2 5. E*/. 3. before. )  And  that  with  this  provifo,  this  A&  to  endure  during  the 
 QuetnesMajefiies  life  that  now  is,  ONLY  5  and  fo  by  this  Parliaments  refolution, 
 it  is  no  Treafon  unce  her  death,  within  25  E^.for  then  this  provifo  had  beene  idle 
 and  repugnant  too.  And  therefore  being  now  no  High  Treafon  in  any  perfon,car> 
 not  without  much  calumny  and  injury  be  reputed  Treafon  in  both  the  Houfes  of 
 Parliament^uncspable  of  High  Treafon,  as  the  premifes  denionftrate. 
 
 In  briefe,  he  that  teifed  and  detained  the  Forts  and  Ships  ofthe  kingdome,  ivhen 
 it  was  Treafon,was  not  a  bare  Tray  tor  againfi  the  Kings  perfon  or  Croivne  onely.  but 
 againft  the  King  and  his  Realme  too,like  thofe  Traytors,  mentioned  in  the  fiver  all  fiattttes  of 
 II  K.  2.c./\..and  2 I  R.2.r..2./\.:Hefball  be  judged  and  have  execution  as  a  TRAITOR, 
 and  ENEMY  Of  THE   KING    and   TO    THE   REALME:  and  in 
 28  H.  8.  c.  n*  HIGH    TRAITORS    TO. THE    REALME,    As   the. 
 Gunpouder  Traytors  were  to  the  Parliament  and    Keaime    m    them,     being   the' 
 representative  Body  ortheRealme:  the  Parliament  then  being  the  Realme  reprefen-. 
 tatively  and  authoriratively  too,  and  fo  the  party  againfi:  whom  this  ^reafon 
 is  principally  to  bee  committed,  cannot  bee  a  Traytor  to  it  felfc, by  the  words  or. 
 intendment  of  any  expired  Aft  which  made  fuch  a  Gifyre  or  detainer  Treafon.    And: 
 therefore  thofe  Lawyers,  who  pronounce  this  Parliaments  feifing  and  detaining  of 
 the  Ports,  Fort?,  Navy,  Armes,or  Ammunition  cf  the  Reajme  to  keep<  t  oi 
 
 • 
 
The  Tarliamevts  intcrt(lin  the  Militia.  ij 
 
 (crbandsjfbr  the  Kings  and  kingdoms  right  lift  and  &fcti< 
 lare  thcn\&lvQ$GrtMcr  Malignant^  then  Artiftj  in  tbeii\own*$raftf)  on* 
 But  fome  body  (lay  Malignantsand  RoyaliltsJ  muft  be  tnifted  with  they]/;////*,       0Z>;'. 
 pflr/.  ^4mmnniti9n\  an  i  who  io  fit  to  be  confided  in  as  the  King  himfelf., 
 
 andthofewhom  he  dull  appoint  ?  Especially  fince  hec  and  his  ownc  fubiikutes, 
 have  formerly  beene  hum. ted  with  them  by  the  kingdome;  and  wee  have  nowfo 
 many  deepe  Vrotcjkat'wnj^  jjajublike  printed  /tjj'cverations  and  FromiJtJ  from  his  A4aje~ 
 Jlfc,  tQM.iwt.iinc  ti  fal'tgion^   our  Lives,  Liberties  yY  rop.r  ties, Wirt  umiJits,   M*£^slare 
 
 wib  their  jitft  ?riuik  igts  5  di\d  (hall  we  not  beleeve  and  milt  his  Majefty  after  fq  ma-  proc|airar. 
 ny  roy all  aifu ranees, lee onded  with  many  Acts  of:  grace  for  the  publike  fa fctie  al-   Proteftationi, 
 ready  palled  by  him  in  this  PailiainentV  efpecially  the  A&sagainlt  Shipmomy^  and   a«d  P"nicd 
 K\\\  uthev  wjl.ivlhil  Taxes  -^  with  the  Bits  for  the  eoniinuance  oj '  this,   and  caUhjgof  a  Tri-    jfa~£** 
 cnuLill  P ariijmint^hm  this  dial  1  be  determined?Shall  we  yet  bedirrident  of  his  Maje- 
 ilies  iinceritie after  fo many  Proteitations, Promises,  Imprecations;  io  many  Pled- 
 ges ot  his  gracious  affection  to  his  people,  and  fome  publike  acknowledgementsof 
 his  former  milgovernmcntand  invaiions  on  his  Subjects  Liberties  r  If  all  thefe  War- 
 i  ants  will  not  content  the  Parliament,  and  pcrfwade  themtoreiigne  up  all  the  pre- 
 mises they  have  feifed  into  his  Majefties  hand,  to  purchaie  the  kingdome?  much  de- 
 iircd  neccflary  Peace,  and  put  a  period  to  our  deftru&ive  warrc  (in  winch  there  is 
 nought  but  certaine  ruincj    what  other  Security  can  his  Majefty  give  or  they 
 
 expert  > 
 
 Toanfwer  this  plauiible  allegation,   I  (hall,  without  prejudice  to  other  mens       Anfo. 
 cment?,   t  rave  liberty  to  difcharge  my  ownc  and  others  thoughts  in  this  parti- 
 cular, in  which  if  I  chance  to  erre  (out  of  overmuch  zealeto  my  countries  fofe.ty) 
 I  ihall  upon  theririt  dilcovery  profelfe  a  recantation  ;  though  for  the  prcfent, 
 
 *  MahierimverK  offendere,qua?npla.cereadnla7ido.  ' Seneca  de 
 
 I  (hall  reduce  the  fumme  of  the  anivver  to  thefe  two  heads ;  c.^n  "    ' '  * 
 
 Firm,  that  as  the  Mate  of  things  now  itands,  it  will  be  (as  many  wile  men  con- 
 ceive)not  onc'y  inconvenient,but  dangerous,  to  religne  up  the  MilitiajForts^orts, 
 Navy,,  Ammunition  of  the  kingdome  into  his  Millies  fole  difpoting  power,  and 
 thole  hands  which  himfelfe  alone  fhall  appoint  and  confide  in,  till  things  bee 
 throughly  reformed  and  fetlcd  both  here  and  u\Irela?id,  and  the  Popilh  prevailing 
 party  in  both  kjngdomes  (now  ftronglyup  in  armes)  totally  fupprelTed  and  le- 
 cured. 
 
 Secondly,  That  till  this  be  effected,  it  is  more  reafonable  and  fafe,  both  for 
 King  and  kingdome,  that  thefe  ihould  remaine  in  the  Parliaments  hands,  then  in 
 the  Kings  alon?. 
 
 For  the  firir,  there  are  thefe  three  generall  reafons,generally  alledged  by  many  un- 
 demanding men,  equally  affect d  to  either  party,  and  by  molt  who  arc  cordially  in- 
 clined to  the  Parliament,  why  they  deeme  it  not  onely  inconvenient,  but  peri- 
 lous, to  intrult  the  premises  wholly  with  the  King,  and  thole  of  his  appointment,  ¥  4mdl^^: 
 as  our  condition  now  Itands.  &  1642. 
 
 Firlt,a  more  then  probable  long-ilnce  refolved  defigne  in  his  Ma  jetties  evill  Coun-  Sec  rhcRe- 
 fellors,  to  make  him  an  abfolute  Soveraignc  Monarch,  and  his  Subjects  as  mcere  monftrancc  of 
 valfals,  as  thofe  oiFranct  •  which  defigne  hath  beene carryed  on  with  an  high  hand  q  «K)nsNo- 
 from  the  beginning  of  his  P^eigne  till  this  prefer  t,  as  the  Pailian.cnt  in  *  fundry    vun.1.1641. 
 
 D  2  'Declarations 
 
28 
 
 The  Parliaments  inter  eft  in  the  Militia 
 
 *  Lord  Falk- 
 land) L.Seym  or, 
 
 L.DigbejJL-Sz- 
 vil,S1r  Jo.  Cul- 
 pepper, Sir  Ed- 
 ward tiering, 
 Mr.  Jislborne, 
 Mr.  Hide,  &c. 
 
 *See  the  Par- 
 f unions  Rc- 
 monftrance, 
 Nov.r.  1642. 
 
 Declarations  prove  yea  divers  *  Lords  and  Members  of  both  Houfes,though  now  with 
 hisMajcity,  in  their  Parliamentary  Speeches,  have  openly  profefied  •  which  they 
 thus  demonstrate. 
 
 Firfta  by  his  Majefties  feverall  attempts  againft  the  Priviledges,  Power, and  very  being 
 of  Parliaments  ;  manifefted  by  the  proceedings  againft  Sir  John  Eliot,  Mr.  Hollice 
 Mr.  Strode,  Mr.  Lon%,  and  others,    after  the  Parliament  in  $-.  Caroli ;  and  the  Lord 
 Say,  Mr.  Cmr,  with  others  after  the  laft  Parliament  before  this:   By  his  Majefties 
 (ad  ominous  breaking  off  in  difcontent,    all  Parliaments  in  his  Reigne  (  unparal- 
 leld  in  any  age  or  kingdomej  till  this  prefent-which  though  perpetuated  by  a  fpeci- 
 all  A&,as  long  as  Both  Houfes pleafe.hath  yet  long  fince  been  attempted  to  be  diflblved 
 like  the  former,  by  his  Majefties  accufation,and  perfonall  comming  into  the  Com- 
 mons Houle  with  an  extraordinary  Guard  of  armed  men  attending  him.,  to  de- 
 mand five  principall  members  of  it,  to  be  delivered  up  to  his  handsas  Traytors 
 in  an  unpatterned  manner.  By  his  wil full  departure  from,   and  refufall  to  returne 
 wnto  the  Parliament,    though  oft  petitioned  and  fbllicited  to  returne-  which  is  fo 
 much  the  more  obferved  and  complained  of,  becaufe  his  Majefty  (if  not  his  Royall 
 Confort  andthe/V/#:etoo  )  wasconftantly  prefent  in  perfon  every  day  this  Parlia- 
 ment (for  fundry  weekes  together)  at  the  arraignment  of  the  Earle  of  Strafford  for 
 high  Treafbn9  in  a  private  manner,  when  by  Law  he  ought  not  to  be  personally  pre- 
 sent in  a  publicke  5  tocountenance  and  encourage  a   capital!  OpprefTbr,  and  Tray- 
 terous  Delinquent  againft  all  his  three  kingdomes,  contrary  to  both  Houses  appro- 
 bation ;  And  yet  now  peremptorily  denyeth  to  be  prefent  with  or  neare  his  Parlia- 
 ment, to  countenance  and  afliit  it  for  the  prefervation  of  his  kingdomes  againft  fuch 
 Traytors,  Rtbels,cOnrpirators,  who  have  contrived  and  attempted  their  utter  cb- 
 folation,  in  purfuarice  of  his^foreplotted  defigncs^By  his  commanding  divers  Lords 
 and  Commons  to  defert  the  Houfes^and  attend  his  Perfon  without  the  Houfes  con- 
 fent,  detaining  them  Mill  *  ivhen  the  Houfes  have  fent  for  them  :  and  protecting 
 thoie  who  refufed  to  returne,  againft  the  common  juitice  of  the  Parliament :  by  cas- 
 ing divers  grofleafperfions  on  it,  and  naming  it ,A  faUion  of  Malignant,  ambition 
 frittts,rio  Parliament  at  <ztf,&c.By  railing  an  Army  of  Delinquents,Malignants,Papifts, 
 Forainer?,  to  conquer  and  iuppreife  the  Parliament,   and  deprive  it  of  its  Liberties 
 By  proclaiming  divers  active  Members  of  it,  (fpecially  imployed  by  Both  Houfes' 
 for  the  defence  of  their  feverall  Counties)  Traytors }  onely  for  executing  the  Houfes 
 commands,  without  any  Indictment,  Evidence,  Conviction, againft  all  Lawjuftice, 
 and  the  Priviledges  of  Parliament:   By  commanding,  detaining  the  Lord  Keeper  of 
 the  Great  Seale,  (the  Speaker  of  the  Lords  Houfe)  and  fome  Judges  from  the  Houfe 
 and  City  :  By  plundering  divers  Parliament  mens  houfe?,   impiifonihg  their  per- 
 fons  without  Bayle,Maineprile,  or  Redemption,  andlaying  intolerable  taxations 
 on  their  eftates :  By  Declaring  both  Houfes  Tray  tors,  if  not  in  pcf:tive,  yet  at  leaft 
 in  equivalent  word?,  and  by  necelTary  coniequer.ee  :  By  divers  unparalleld  violati- 
 ons of  the  Parliaments  Priviledges  by  extrajudicial!  Declarations  out  of  Parliament, 
 penned  by  Malignants  in  his  Majefties  name,  and  avowed  by  him,publifhed  ofpur- 
 pofe  to  oppofe.  annul),  reverfe  thelolcmne  legal!   Pvefblutions,  Declarations*  and 
 Votes  ofbeth  Houfes  in  fundry  cafes,  and  by  name  that  againft  the  Commiilion  of 
 Array ;  And  finally  by  the  manifold  'n-  eftives  in  (everal!  his  Majefties  Declarations    \ 
 and  Proclamations  againft  the  -cats  Votes,  Proceedings,  Members 5  fecond-  | 
 
 ed 
 
The  Parliaments  interejl  in  the  Militia.  2  o 
 
 nne  its  an: 
 
 ed  with  rxprcfle  commands,  and  invitations  to  the  People,  to  *  C 
 
 *y  all  its  Orders  mat  t  bit  firfinall  confent •    which   it    indeed  nan  ft a0 
 
 tut  to  nnliijit  ? arliamtnts^  to  mak^  tbern  a  'togetlx r  contemptible^  ridiatkm9  and  tram-  Jjf' 
 
 under  feet* 5   andhath  wrought  a  tlrong  malignity,  di/bbedience^ifnoCcUA  '^. 
 
 :ftion,in  many  people  to  Parliaments,!*)  the  end  they  may  never  delire  or  enjoy   Ncn   chu  , 
 theni  hereafter,  notwithstanding  the  Aft  fortrienniall  Parliaments,  when  this  is  *ffia$ia9nft 
 once  diflolvcd.    All  theft  unparalldd,  apparent  high  attempts  againft  the  very  ho-  ^utUHm  -•> 
 n  Mir,  c(Tcnce,ofthis,  and  all  other  future  Parliaments,  ( tranicendingboth  for 
 quantity  and  quality  all  the  violations  of  Parliaments  Privilcdges,  in  alHiisMajc-    - 
 ities  tVdeceflors  Rcignes,  fince  'England  was  a  kingdomc,  fummed  up  in  one-) 
 together  with  the  late  Oxford  Fropojitio?is  for  an  Accommodation  ;  wherein  the 
 Houies  mull  Refolutions,  Declaring  what  is  Law,  arecalled  iliegall,  and  required 
 to  be  reverfed  •   the  power  of  impriioning  and  rining  men  denyed,  and  proltituted 
 tothecenfures,    Writs,  and  Examinations  orinfcriour  Courts, by  way  of  Habeas 
 Corpw^  al  high  Violations  and  denials  of  the  knowncpriviledges  ofParliament,con- 
 trary  to  his  MajctHes  many  former,  and  late  Printed  Proteitations,  and  thole  Afts 
 newly  pafled  concerning  Parliaments,  ("which  will  never  recover  their  pontine  dig- 
 nity, honour,power,  privilcdges,  ifthis  mould  mi  (carry;,)  induce  the  moft  intel/i- 
 gent  to  opine,  that  his  Ma  jefty,  long  fince  weary  of  the  yoke  of  all  Parliaments, 
 (the  only  Ktmorato  his  abfolute  intended  MonarchyJ)and-  repenting  of  the  Aft  for 
 continuing  this,!ince  he  hath  gained  hisendsfor  which  it  was  fuinmoned,(more out 
 ofabfolutc  neceility  then  love  toParliaments)towit,peace  with  the  Scuts  Jor  the  p;e- 
 fent,bv  an  Accommodation,wrought  by  this  Parliament,  Sc  purchased  with  his  Sub- 
 jects monv,  when  as  hefaw  no  hopes  of  repelling  them  hence  by  force;  St  the  paying 
 ,is  then  railed  Army  againit  them  by  the  Parliaments  frcefupply:is  now  refolved 
 (in  prolecution  of  his  priftineCounfels)by  force  or  policy  to  diiTolvethis  Parlia- 
 ment in  difcontent,  as  hehathdoneall  tormer,  and  that  with  inch  advantages  of 
 a  generall  ill  opinion  of  Parliaments  in   the  ignorant  mif-informed  vulgar  on 
 the  one  hand,    and  of  a  prevailing  conquering  power  on  his  part  on  the  other  hand, 
 as  (hall  either  utterly  cxtinguifn  the  hopes  and  Bill  offummor.ingany  future  trien- 
 nial! Parliamentary  AiLmLlies,  or  at  lea  It  fo  emafculatc  the  vigour,  and  cciipfe  the 
 powerof  them,    ifcaiied*  that  they  frail  neither  have  courage,  nor  might,  nor 
 meanestore.itthis  forefaid  grand  defigne,  if  he  can  now  either  by  force  or  policy 
 rtfwtoB  tht  Mil  it  ia)  F  art  s^Naij ,   Amrmtn'jtvm  into  his  abfolute  diip-oie  -  the  one] y 
 obtrade  (  now  his  forces  are  fo  great)  ip  saine  a  complcate   long-expected 
 conquell  over  his  peoples  Liberties,  Lawes.Eitatts,  and  all  Parliaments  Priviiedges, 
 if  not  beings  too.     And  if  our  Parliaments    ( theonely  Eulwarkcs  toprottft  our 
 ,  Liberties,  Fiute?,  Lives,  Religion,  Peacc.Kinrdome.againlUhe  derogations 
 jf  oppre  ling, lawlcJe Prince?,  and  OnScei  s  )  \  c  or.ee  conquered,  or  wcakned  in  the 
 ealt  degree,  we  can  no  other  iffiie,  but  that  Ty;  a  very, -popery,  (hall 
 
 *  ere  Ions  entailed  upon  us  andoarfieires  Soules  and  bodies  fore 
 
 Secondly,  By  his  .Vaje  ii:s  fequent  impolingor  many  unlawlull  Taxes  and  In> 
 volitions  on  his  Subjefts,  contrary  to  his  -Coronation  Oath,  the  ancient  Lawes  of 
 heRealme,  yea  his  ownj  late  Statutes,  Declarations,  Vowes,   Promifts-  whicl 
 (efignehathbeencc  -.with  a  ttrong  hand  all  his  Reigne  till  now  •  and  at 
 
 his  prcfent^wkh  a  farre  higher  hand  then  ever:  which  the}'  exempline  by  the  I 
 
2  o  The  Parliaments  intereft  in  the  Militia' 
 
 with  other  Taxes,  Impofitions,  Grievance  r,  complained  of  in  the  Petition  of  Right,  ir% 
 the  third  yearc  of  hisPtcigne;  which  Aft  when  firtt  pafled,  with  this  his  Majelties 
 fotemne  Oration  and  Protection  Printed  with  it ;  I  dee  here  declare,  That  theje  things 
 which  have  hcene  done,  whereby  men  had fomccaufi  to  jufpeU  the  Liberty  of  the  SubnU  to  be 
 trenched  upo?t,jhall  not  here  after  be  drawne  into  example  for  your -prejudice :  And  in  timet  a 
 come  (IN  THE  WORD  OF  A  KING;  you  frail  not  have  the  lih^canfe 
 to  complaine :  (backed  with  his  Royall  Veclaratkn  to  all  his  SubfUis  at  the  breach 
 of  that  Parliament  to  like  purpofe)  made  moil:  men  thinke,  they  mould  never  be 
 grieved  with  illegall  Taxes  more  5  though  the  very  annexing  and  Printing  of  his 
 Majefties  two  Anfwers^L  this  Speech  when  he  pafled  the  Petition,  at  the  end  thereof 
 (  with  the  Scope  and  matter  or  this  Speech  and  other  then  concurring  circumitan- 
 Scc  3  Car.c.6,  ces)  macje  the  wifelt  men  fufpeel:,  it  was  onely  a  baite  to  catch  the'*  Temporaries  and 
 7'  Clergies  (  five  a  pecce  )  extraordinary  great  Subfidies,  then  aymed  at,  (a  greater  ayd 
 
 then  was  ever  before  granted  at  once  to  any  of  his  Majelties  Predcceflors  )  and  a  po- 
 licy then  (eemingly  to  content,  but  fubfequently  to  delude  the  over-credulous  im- 
 politicke  Vulgar  5  the  verity  whereof  was  at  that  intrant  much  confirmed,  by  his 
 Majelties  clayming  (even  in  his  very  fpecch  when  he  pafled  the  Petition  of  Right ) 
 Tunnage  and  Poundage    asameereright,  and  his  taking   it  as  a  jult  duty  without 
 gra?it  by  Parliament,  from  hiscomming  to  the  Crowne  till  then  andfince5   by  his 
 extraordinary  itrange  commiffion  granted  under  the  great  Seale  to  divers  Lords  and 
 others  for  the  laying  of  an  intolerable  illegall  excife,on  all  the  Subjects  through- 
 out England  and  Ireland,  feconded  with  the  Commiffion  to  Valbere  and  others,  lor 
 the  raydng  and  importing  of  German  Horfe,  and  the  billeting  otlrijh  foot  in  fundry 
 places  ofEttg/tf?z^  to  joyne  with  thofe  horle,  tofeton  this  excite,  even  at  that  very 
 inftant,  when  this  Petition  of  Right  was  debated  and  pafled   ;  the  breaking  up  of 
 that  Parliament  as  (bone  as  theie  Subfidies  were  granted,  and  the  unpatterned  inun- 
 dation of  all  kinde  of  unjufr  Taxes  as  foone  as  ever  that  Parliament  was  diflblved  • 
 as  fines  for  Knighthodd,NeiV'buildmgs:iI?zchJures,  exaffed  Fees,  (not  to  redrefle  ,  but 
 authorize  them  by  compositions  to  get  money)  Shipmony,  Monopolies   of  Tobacco  ' 
 Sope,Brickes,Pins,  and  a  world  of  other  particulars  upon  which  annuall  rents  were 
 referved  :  Forreft-bou?ids,a,n&  offences  prolecuted  with  all  Rigour;  Impositions  up- 
 on Coale,Beare0Salt,  Wines, Tobacco,  and  all  kinde  of  Merchandise  -  Lieutenants  rafts 
 and  rv ages ^  Coat  a?idCondu&  money  j  exce flive  high  Fines  in  Star chamber ^  High  Commiffi- 
 on and  other  Courts,  with  fundry  other  Particulars  complained  off  with  open  mouth 
 in  this  and  the  preceding  Parliament  by  molt  of  the  members  of  both  Houles,  and  I 
 divers  now  prefent  with  his  Ma  jetty  -,  who  notwithstanding  the  many  publike  com- 
 plaints againlt  thefe  oppreflions,  the  Afts  this  very  Seffion  pafled  againft  them, and 
 v  Amc.  fuper     ftndry  duplicated  deepe  Afleverations  to  maintaine  the  Subjects  Property,  Liberty 
 See * Coote) 'in-    anc*  8overne  oneiy  according  to  Law  ;  hath,and  (till  daily  doth  in  a  farre  higher  de- 
 ftiaucsoriit.      gree  then  ever  (through  the  ill  adviie  of  Malignant  Counfellors)  proceed  to  afflict 
 AgrtcoU  apuJ     and  ruine  his  people  in  this  very  particular  of  Property  and  Taxes,  by  weekely  or 
 bides  facn&     monethly  afleflements  and  contributions  impofed  on  fundry  Townes  and  Coun- 
 JraT^l'    '        ties  where  his  Forces  now  lie,  exceeding  many  mens  racked  incomes ;   hisleiiing 
 Dxd'rMfic.       of  their  Ammunition,  Armcs,  Horfes,  Carts,  Goods,  Provifions,  Houfes,  Lands,  (yea.  huf- 
 %AHift.l.%t       bandmens  Teeaies  and  Horles  of  their  Ploughes,  * priviledged  from dijlrejfes  by  Laxv, 
 «•  4°-  &  by  moft  Nations  though  enemies,in  timesof  warre  from  fpoyle  to  plunder,) fo  as 
 
 they 
 
The  Parliaments  interefl  in  the  Militia.  5  1 
 
 nnot  till  their  ground,  which  mult  needs  breed  a  famine:  and  (tripping  ma- 
 1  thousands  of  his  people  in  Brainford,  M  igb}  Ckeftry  and  other  places 
 
 utterly  (acked  and  ruined  by  hisCavalicrs^o*  all  their  lively  hoods,  and  citates,  to 
 
 iy  naked  skins ;  and  carrying  away  thoic  poore  Subj.&s  in  triumph  like 
 juduiesandTraytorSj  who  date  offer  to  defend  their  goods,  houfes,  eftates,  or 
 ukc  any  the  leatt  refinance,  {though  the  Laws  J*  Common  andStatute^aliow  them  in fu  h   *  yj^Coronc 
 1'tt    mtmttjfTCfift,  lutkjUj'I  Wofi  »ho  jkaS  a  fault  their  houfes,  orperfons  tv  fpoyle   i  9 2.1 94- 5 8 . 
 hem  of 'their  g<H  If)  or  proteft  them  or  their  Liberties,  Lives,  Properties,  againft  his  Army    *76.*6i. 
 ^thcevithmurtheringCavalieis.    And  which  aggravates  all  the  Veil,  his  Majeity   J/TefiJS* 
 lath  lent  out  liich  a  Commijjionof  Array  to  bee  executed  in  every  County  ,   as  /;.,<//',  3,, 4. 
 ullsupldertie  and  propertie  by  the  rootes 5  which,  though  both  Hoit'a  by  a  fpeciall   Cn-ke  14-91, 
 >rintcd  Pe  larat'un,  have*  proved  to  bee  illeg.ill,  contrary  to  the  fundamental  Larva  of  9%'SteAknb. 
 U   Rc.ilme  ,  the  Petition  of  Right,   and  fmeexprefje  Alts  pjffed  this  prefent  Sejjion-,   *%**[&'£ 
 -et  his  Mafeftie hath  caull-d  liich  an  Aniwer  to  be  publiihed  in  his  name  to  the  *  steihe  Par- 
 irft  Declarations  good  Law,  which  *  frujt rates  all  Affs  rvhatfocver  made  in  this   Laments  fe- 
 r  former  Parliaments  for  the  Subjects  Libert  k,  Properties  andlayes  doxvne  fuch  grounds,   condRtmon- 
 vbicb  trill  not  onely  jnftifr)   but  revive  all  former  preffures  and  gricvan.es  nh.itfoever,   R'ancecofiecT- 
 k  warranted  by  Larv.     All  which  confidercd,  together  with  the  frequent  endea-  ^"f^of  A?- 
 fours  formerly  and  of  late  to  raifc  and  kecpe  an  Army  on  foote  among  us  to  rav. 
 enflave  us,  and  raifc  what  taxes  (nail  bee  arbitrarily   impoled  without  a  Parlia-  *  Sccrhisful- 
 menton  the  Realmeby  force  of  Armes,  according  to  the  late  11S  of  France,  be-  l.v  proved  m 
 gun  by  Straffjrd  in  Ireland,  and  now  Cat  on  foote  in  divers  countries  of  Eȣ-  jj,C0^S. 
 (and,  makes  wife  moderate  men  feare,   that  if  the  Militia,  Forts  and  Navy  be  yeel-  ruign, 
 :lcdupu;ito  the  King  before  the  Subjects  Propertie,  and  the(e  violations  of  it  in 
 the  highet\  degree  (fo  that  none  at  this  day  can  truely  fay  that  any  thing  hee 
 
 s,  no  not  his  Lands  or  Life  are  his  ownej  bee  better  fetled,  all  propertie 
 will  bee  for  ever  lott,  and  litrk^fl)  Subjetts  as  free  as  Eng'ifi,   in  common  pro- 
 
 babiiicie. 
 
 Thirdly,  the  conftant  dcligne  againft  the  Libertie  of  the  Subj.:eb  perfon  ( the 
 oetCT  to  invade  the  property  of  his  goods)  profcCuted  all  his  Majeftics  time, 
 ind  more  then  ever  fince  the  Petition  of  K-ft  and  this  Parliament.  The  which, 
 s  evidenced,  by  infinite illegal]  commitments  of  men  for  not  paying  the  Lenc3 
 .  S  hip-mo?  ry ,  with  fundry  other  unlawfnll  Taxes,  without  haile  or 
 nalc  fundry  members  of  both  Houfes  during  this,and  after  former  Parlia- 
 
 nents  envied,  for  things  done  in  and  triable  onely  by  Parliament;  by  the  exor- 
 bitant cenfures  in  the  Star-Chamber  and  High  Commillion.  and  judging  free  men 
 igalnft  Law,   to  clofe  imprifbnments  ;  And  that  (which  now  grieves  the  very 
 Joules  of  all   I    g        Spirits,  who  have  any  remainders  of  common   humanity, 
 1  them,  and  would  rend  an  heart  of  adamant  J    not  cnely  by  the  ftriS  clofe 
 lardimprifonments  of  divers  perfons  at  Torkt  and  elfewhcre,    for  executing  th'e 
 itia,  refilling  the  Array,  or  contribution  Taxes,    but  by  the  more  then  bar- 
 parous,  *  yea  beafilj  crtteltit  of  his   Majjdics  GavaferJ  in   chayning  together  in  *  ft^/fo^. 
 
 ifu regnarem  1  S'i ftrpemibw  inimz   cm:.  fur  puffins'*  VJ.: 
 
 :litv.Jo:Apud  Ko  \v\ 
 » 6. 
 is  Ropes 
 
?* 
 
 The  Parliame?its  inter  eft  in  the  Militia. 
 
 *  NuWRegi 
 gldriaeftexfjt- 
 vaammadver- 
 fime.  At ' 
 maxima,  fi^im 
 [nam  ccntinet, 
 fi  mill  to  s  ir&  a- 
 1 1 ■'.via'  tri part, 
 neminemfk* 
 impendit\Sene- 
 cxde  Clemen- 
 
 *  Ifiaftcquens 
 nindiau  pxuco* 
 mm  odium  re* 
 primjt  ,ommum 
 jrriuu.  Regit 
 crude  u  Mi  auget 
 injmjcorwji 
 
 v.u  tie ni'nrolU  •n- 
 do-  Seneca  de 
 Clemeniiail.  \. 
 r.8. 
 
 *  The  Relati- 
 on of  rhe  ra- 
 king of  Cicefter, 
 and  the  Prifo- 
 nersPvelation. 
 
 *  Qanto  mem 
 n:n  hajci  melius 
 fuit,quam  m- 
 mer  Ari  hwer 
 publico  mxlo 
 nates: 
 
 Seneca  de  de- 
 mentia /.i.e. 
 IS. 
 
 •The  Kings 
 Letter  on  Sa- 
 uu  i.i;..4;\'/.S. 
 i*4?  to  ihe 
 h,ufes. 
 
 :.(24- 
 
 Ropes  fundry  Prifoners  taken  at  Brainford,  Marleborough  and  Cicefitr^  (as  the  true 
 printed  Relations  of  thefe  places  facking  teltihe)    like  a  company  of  Turfyfb 
 GaUj-jlaveSy   (though  fome  of  them  were  Gentlemen  of  worth  and  quality,  others 
 Miniiters,  others  aged.,  ilckly,  and  many  who  never  bore  armes  in  thefe  prefent 
 warres)  and  leading  them  chained  (alrnoft  naked,  and  barefoot)  through  deepe 
 filthy  wayes  in  the  cold  winter  feat  on  to  Oxford  in  triumph  (to  his*  Majcftes 
 greatdifh'onaHr^  and  his  Subjects  grie'e^denying  them,  not  onely  meat  and  drinke, 
 but  even  water  it  felfe  (the  commonefi  Element')  to  quench  their   thirfl ,     and    keep- 
 ing off,  yea  beating  any  fuch  at   Cicefter ,    and  Oxford ,   who  offered  to  bring 
 them  any  fuftenance,    though  but  a  drop  of  water  to  cook  their  tongues:  (O  more 
 then  Turkifh  Barbaroufnefle,  that  one  man,  one  Chriftian,  one  Englip  Subject  even 
 in,  or  neare  the  prefence  of  his  Soveraigne,  tliould  thus  ill  intreate  another,  with- 
 out any  punifhment  or  checke,  much  more  with  approbation  !  )   After  which  i 
 they  have  beene*  put  up  in prifons  and  dungeons  lying  on  the  cold  ground,  itc 
 or  boards  without  beds,  Itraw,  fire  or  any  the  lea  it  refrelhment-  allowed  onely 
 a  poore  pittance  of  Adams  Ale,and  fc^ice  a  penny  bread  a  day  to  fupport  their  lives 
 though  their  friends  would  provide  it  for  them;   in  which  fad  condition  many 
 of  them  are  itill  detained  clofe  prifoners  without  bayle,   mainprife,   exchange 
 redemption,  divers  of  then\  being  dead  of  Famine  and  ill  unaccuftomed  mage: 
 Others  have  beenemurthered  without  mercy,  and  their  *  Carcajfes  left  unburied  fat 
 thefowles  to  prey  on^  others  maimed  and  leftweltring  in  their  blood  without  any  re- 
 liefe;  others  forced  to  live  exiles  from  their  habitations;  and  all  for  this  new  point 
 of  High  Treafon ;  that  they  Itood  upon  their  guard,  to  defend  the  propertie  of  their 
 perfons,  goods,  houfes,  pohellions,   from  th.e  robbery  ahd  plunder  of  theevina 
 Cavaliers  (*  borne  onely  for  the  publike  mifchiefe  of  the  Reame)  who  now 
 live  by  the  Countries  fpoyle  and  robbery,  and  muft  not  be  refilled.   If  this  pro- 
 ceeding  be  the  fo  oft  protefted  prefervation,  the  vowed  defence  of  the  SuUjeEtt  J- J 
 berties  ^Properties,  Lizes,  the  prefe  ruing  of\them  inperfett  and  v.tire  -peace  andfafetie  accor- 
 ding to  his  Majefties  Coronation  oath,the  gover/ungof them  according  to  the  Law,  evei 
 whiles  the  Parliament  fits,and  hath  fuch  Forces  in  the  field,  thepoffeffion  of  tin 
 Ports,Navy,and  other  premifes  in  their  hands  (which  if  the  King  fliould  die  with 
 *  out  heire  devolve  wholly  into  the  kingdomes  hands  and  poneflion,  not  to  his  Exe 
 cutors,  as  to  the  true  proprietors  of  them,a  ftrong  unanfvverable  argument,    the' 
 are  not  now  the  Kings  but  kingdomes  in  pointof  rightandintereft-J  wee  cannol 
 (Tay  many  men)  but  fufpeft  the  like  and  worfeufages  when  thefe  are  all  furrendreJ 
 into  his  Majefties  power,  and  that  he  with  his  ill  Councilors  (who  had  lately  fuel] 
 a  bloody  treacherous  defigne  againll£ri/fo//  during  the  Treaty  of  Peace,  and  novl 
 plainly  profeffe,  *  th.it  they  never  hit  ended  the  Premifes  pould  be  put  into  fuch  perfons  ba??&\ 
 as  the  Parliament  and  kingdome  might  confide  in,    but  them  (elves  alone^)  will  then  a 
 much  over-awe  the  prefent  and  all  future  Parliaments,  as  they  doe  now  the  countr 
 people  where  they  quarter ;  and  handle  many  active  worthy  members  of  both  Hoi 
 ies(particularly  proclaimed  rebels  by  the  King  without  convic"t.ion,who  hath  not  i 
 violently  proceeded  againtt  any  ofthe  IrifJj  Rebels  in  this  kinde,  as  he  hath  done 
 gainft  the  houfes  of  Parliament,  and  the  chiefe  well  deferving  members  of  it)asrigc 
 roufly^ifnot  far  worfe,  as  any  now  imprifoned  by  them5  notwithttanding  that  trt 
 >f*  Seneca:  Kemijjiw  imperanti  melius paretur.Et  non  minus  Principi  turtlafunt  mn 
 :ia.y',uim  Midi  o  mult  a  ftt7.tr  J,  fl 
 
The  Parliaments  Interest  tn  the  Militta.  j  j 
 
 Their  iccond  gencrall  rcafonis,an*<w ,entfore  plot  to  confedcyacie  betvetn  the  Pop'Pt 
 +i  PrtUticiid   I'artj  tn  the  Khadon.e  to  change  Religion  ,  **d  rc-ejiablifi  Vcp-yj.  *Sc«  tfic  Par. 
 /hich  defignt bach  been  vigorot:liy  profecuted  long  before  his  Ma  j  cities  "rf^,but^^J^^\ 
 lore  erFe&ualJy  fincc  his  marriage  with  one  or  that  Religion;  who  in  regard  of  her  Farliwneou 
 ecrenciTcto,  ard  continuall  prcfencc  with  him  heretofore,  and  aftivitie  to  afllft  him  mens  Speeches 
 ow  againft  his  Parliament,    hath  (uch  a  merit*  nous  intercft  in  his  aflfeftions,  if  not to  this  eflctt< 
 owcrfuli  miluencc  upon  his  will  and  Councells,  as  may  induce  his  Ma  jeltic  (as  well 
 >*  King  Salomon)  to  grant, at  lcaltaipeedy  publikc  long-cxpedtcd  tollerationand  t 
 rcculcof  chellomimkcligionCiFnotafuppTeflionofthePrctcftantfaithJthrotigh-  %  Jq,^511, 
 utthcRcaimc.if  allthcprcinilcsbe  put  into  his  Majcfties  unlimited  power.  And 
 lat  which  backes  this  more  then  ccnjc&urall  fcarc,  is  i  Firft,  the  large  vifiblc  pro« 
 rclTc  made  in  this  dciigac  before  this  Parliament,  as  not  oncly  the  Houfrs  joynt  De- 
 arationSjbut  divers  Malignant  Members  declaratory  Orations ,(now  with  the  King) 
 ilifie,  together  with  our  Prelates  manifold  Popifh  Innovations  in  Doctrines,  Ccre- 
 loniei ,  Ecdcfiafticall  proceedings;  the  Popes  Nuncioes  Refidencc  nccre,  and  free  ac- 
 :iTc  to  Court;  our  Agents  refidence  at  Rome;  the  Cell  of  Capuchins,Chapplcs  creeled 
 >r  Mafle,thc  infinite  iwarmes  of  Seminary  Pricfts  and  Jefuites  every  where,  with 
 ccdomcand  impunity,  the  fufpention  of  rhc  Lawes  againil  them  and  Popifh  Recu- 
 nts*  the  late  perfceutions  and  fuppreffions  of  all  godly  Preaching  Minifters  and  moil 
 ealous  Proteftants,  with  other  particulars  clcarely  demonflracc.   Secondly,  thepre- 
 :nt  gcncrall  Rebellion  and  bloody  proceedings  of  the  Papifis  in  Jre'and,  to  extirpate 
 ic  Protcftant  Religion  there; and  the  many  prevayling  Plots  of  the  Irifh  Rebels  party 
 ere,  to  delay,  fcizc,  or  frustrate  all  ayde  and  oppofition  againft  them  from  hence :  with 
 is  Ma/cfticslatc  Commiflionsto  Papifts  and  Proteftants,  and  fome  who  have  becne 
 la&uall  Rebellion  to  trcate  and  conclude  a  peace  withthcfcRebeils,  contrary  to  the 
 cry  Aft  he  pa  (Ted  this  Parliament  for  Ireland:  rclecfe.  Thirdly,  his  Ma/efties  late 
 Ctcr  to  the  CounccU  in  Ireland  to  exclude  the  Parliaments  agents  and  members  there 
 om  all  their  Councells  and  meetings;  and  if  reports  be  credible,  his  Ma,c(tics  Con> 
 tiflions lately  Ulucd to moft  notorious  convicted  Papifts  m  *  Wiles,  LancapAre>ihz  *5cetheParli* 
 tortband  Other  par  s ,  toarme  themf elves  andraift  forces  under  their  Comm  *nds  ("who  amems  Ra. 
 e  now  in  feverall  bodies  in  the  field  J  and  his  inte  tailing  of  dtvers  P«fifts  a*d  Irijh  monftranccs  8c 
 eieSs  i*  his  Army  to  fight  ajainftt'te  T*rli  m;>ty  contrary  to  the  cxprcfie  Lawes  of  Declarations 
 icRealmc;  his  own-  frequent  Proclamations  and  Protections,  to  entcrtaine  no  t<n  iscffc<a- 
 apijls  neaehm  and to  defend  the  Frateftar.t  Religion :  Which  added  to  the  intercepring 
 :  the  Parliaments  provisions  for  the  releefe  of  the  Proreilants  in  Ireland,  the  enter- 
 iningof  fomeof  the  Commanders  fent  to  IreUndby  the  Parlia  nent  ag  inft  the 
 rbcils,  if  not  fending  for  iomcof  th:mout  of  Ireland  from  that  Service  to  warre 
 i;ainft  the  Parliament;  with  the  palles  under  his  MajeJsUs  band  for  the  tranfoorting 
 r  fomcPopilh  Commanders  (mice  joyncd  with  the  Jr;Jb  RebclhJ  into  fr  land; 
 
 \ 
 
 ogj  (the  Language  of  the  Cavalccrcs  too^learncd  from  them,)  ate  not  opely  pcflible,  Ordnoji-ctb 
 \  tprobablci  and  that  th  re  is  a  generall  defignconfootc  (towards  which  the  Papifts  Houf^* 
 i  forraigne  parts,  through  the  Pricftsand  Queenes  Ncgotiations,have  made  large  con- 
 tburions)  bythePopi^  Armies  now  raifed  in  both  Kmgdomes,  tof:tup  Popery  in 
 i  pcrfeftion  everywhere,  u      extirpate  the  PfOtfiOaut  Religion  in  allourKing- 
 \mcs%  whichaothi  ute  conquvft  of  thefe  blood- tijnly  Papifts  can  in 
 
 E  probability 
 
3  4  The  Parliaments  Inter  eft  in  the  Militia. 
 
 m  i     ■  m  ,  •  — ' 
 
 probability  prcvcnvhey  being  already  grownc  id  inf  olcnt,as  to  fay  Malic  openly  in  all 
 the  Northerne  parts  and  Army,  and  in  Readings  in  affront  of  God  and  our  Religion: 
 I f  therefore  the premifesfriould  now  be  whoiy  furrendredcohis  Ma/efticic  is  much 
 to  be  feared,  that  the  Popifti  party  ( now  molt  powerful!)  would  in  recornpcncc  or 
 their  meritorious  fervice  and  afiiftancc  in  the  fe  warres,  ac  lead  wife  challenge,  if  not 
 gaine,  the  cbiefe  command  of  the  Ports,  Navic,  Ammunition;  the  rather,  be  caufe  the 
 Lord  Her  be  t  (a  mod  notorious  PapiftJ  both  before  and  (incc  this  Parliament,  enjoyed 
 the  fjle  charge  and  cuftodie  oPall  tbc  Military  Engines  and  Ammunition  royall  at 
 foxes  Ball,  dcfigned  for  the  Kings  cbiefeft  Magazine;  aud  then  farewell  Religi- 
 on, Lawes,  Liberties;  our  Soulesand  bodies  muft  become  either  Slaves  or  Mar* 
 tyr s. 
 
 Their  third  generall  ground,  is  the  conftant  pra&ifc  of  moft  of  our  Kings  ("as  foha 
 Henry  the  3d.  Edward,  and  Richard  the  ad,  with  others^  who  after  warres  and  dif- 
 ferences with  their  Parliaments, Lord s,Common5,  uoon  accommodations  made  bc^ 
 tweene  them,  as  fooncascver  they  got  poffeffion  of  their  Caflle?,Ships,  Ammunition,' 
 fcifedby  their  Sub/efts,  brake  all  vowes,  oathes,  covenants  made  unto  them,  opprcf- 
 fing  them  more  then  ever;  enlarging  their  ownc  prerogatives,  and  diminifhing  the 
 Subjects  Liberties,  Cyea  taking  away  many  of  their  lives  againft  Law,  Oathes,  Pro- 
 mifcs, Pardons,)  on  purpefe  to  enthrall  them;  whithftill  occasioned  new  Commoti- 
 ons, as  the  prcmifed  Hiftories  and  others  plentifully  informc  us.  And  that  the  King 
 {confideringallhis  f ore- mentioned  proceedings,  and  pertinacious  adhcaring  to  his 
 former  evill  Councelloirs  and  their  Councellsjlbould  degenerate  from  his  predecef. 
 fors  Policies,  in  cafe  the  premifcsbcyccldcdwholytohim,  before  our  Liberties  and 
 Religion  be  better  fetled,  and  the  j  uftcaufes  of  ourfearcs  experimentally  removed,  it 
 hardly  credible. 
 
 Obje&>  But  againft  thefe  3  Generall  rcafons, his  Majcfties  many  late  folemne  Proteftati- 
 
 ons,  and  thofe  Ac3s  which  he  hath  pafled  this  Parliament,  are  objeded,  as  fofficient  fc- 
 cuity  againft  all  future  fcarcs  :  To  which  they  anfwer. 
 
 Anfa.  Firft,  that  if  his  Mayflies  Coronation  Oath,  to  pre/erve  hie  Peoples  Liberties  ana 
 
 Zawcs  of  the  LandiKviolable,hwchccnc  no  fufficient  fecurity  to  his  bub jeets  hither  to3 
 ag  in(t  all  the  fore-mentioned  grievanccsand  illegall  preiTurcs.*  his  verbali  Protec- 
 tions and  Promifcs  arc  like  to  prove  worfe  aflurancc  :  If  folemne  Oathes  be  moftap-, 
 p^entty  violated,  what  truft  can  there  be  to  uaf  wore  words  ? 
 
 Sccord  ly,oar.  Kings  in  former  times  fas  I  have  plentifully  proved  and  infinite  exam- 
 ples more  declare^  fcldome  or  never  kept  cither  Oathes  or  Promifcs  made  to  their 
 Subjects ;  but  have  broken  oath  after  oath,agrcement  upon  agreement  ,with  all  verbali 
 legall  ties;  reputing  them  onely  lawfull  policies  to  over  reach  their  pccple,  and  cffrcT 
 tlxir  ownc  defignes  with  greater  advantage  to  themfrlves,  and  prejudice  to  their  Sub- 
 jects, A  nd  fhsli  we  drearnc  of  a  new  world^onely  in  this  dilfembling  age;  when  King- 
 ■craft  is  improved  to  the  utmoft  e 
 
 *  At  the  end     Thirdly,  we  had  his  Majefiies  *  folemne  Protection,**  the  Woriof  a  King,  m  the 
 of  chf  S**t'llm  3  d  ycare  of  his  Rsigne,  backed  with  *  T*  0  Printed  Declarations  then,to  all  his  Loving 
 
 *  Center- "  S^&jecls,  to  mqin'aine  the  Pet  tionof  Right,  their  Laves,  Liberties,  Properties,  Religion 
 nin^tht  brca*  i'lpvity  and  p'rfeHhn  without  the  I  aft  violation^  or  any  connivance  at%  or  backzftiding  ti 
 k.ngup-of  q>Qpery:  And  what  good  warrants cr  fecurities  thefefince  proved  to  the  Sub/eels  te 
 the  ParJi.1-  prefcrveth?m  from  feverall  inundations  of  oppressions,  Taxes,  grievances,  Innovate 
 foBcthe  olS  ll—  rc^aP^5to  p^Pcr>7  ("which  have  flowed  in  upon  them  ever  (incc  as  if  tncfti 
 Ankic'i  tf    had  bccrie  no  Wses  to  kecpe  the  01  out,  but  duces  oneSy  to  let  them  in  she.  fafle^  th4 
 
 Rdigiori.""'  preoiiie^ 
 
7  he  ?ArltAt*ents  Inter  eft  in  the  fJM  tlttia.  3  5 
 
 prcrnifcs  mmiKft,and  u  c  a  I  experimentally  fcelc  this  day.  And  arc  the  nt  w  Promises  ^ 
 
 and  Protections  (thirkc  you)  better  then  the  olo.'  or  thole  made  this  Parliament 
 more  obligatory  to  the  hirg,  or  his  cvill  Counceli  r>,  then  thole  made  the  two  h[\ 
 Parliaments,  infringed  in  an  nigh  degree  feven  to  the  infpri£>nif)g,thc  Icachirg  of 
 Pceres,  of  Commons  Pockets,  and  flu  dies  againll  the  Priviledges  of  Parliament^) 
 within  few  ho  ores  after  they  were  publifhcd  in  Print?  Arc  not  the  Sub/eels  dayly 
 taxed,  imprifoncd,  plundered,  murthered,  the  Priviledges  of  Parliament  dayly  infrin- 
 ged, many  wayes?  Proccifants  dif- armed,  Papilts armed,  forraigne  forces  introduced, 
 Jrilh  Rebels  privately  countenanccd,the  greatcfi  ads  of  hofhlit)  and  cruelty  exercifed 
 whiles  treaties  of  peace  arc  pretended?  the  bcltlulliccs  removed  in  all  Counties,  ill 
 afrcetcd  perfons  let  up  in  their  places;  illcgall  Ccmmiflions  of  Array  executed,  /ullificd, 
 the  bell  Protcftant  M.nilters,  people  molt  robbed,pi)laged, murthered,  banifhed  every 
 where;  Shcritfes  illegally  tnade,Subj  els  (even  at  Oxjord  where  the  king  rctidesjmore 
 inhumanely  handled  under  his  Majeltics  view,  than  Gall) -flave*  in  7*r^>;and  Icarcc 
 one  Declaration  or  Promifc  oblerved  lo  much  as  the  very  day  they  are  published  ? 
 notwithstanding  fo  many  multiplications  of  them  in  Print;  that  people  may  the  better 
 Cake  notice  how  they  arc  broken,!*  they  bcobfervanr?  And  fhall  the  Parliament  then 
 takc.thcfc 'b  notoriously  oft  violated,  never  yet obferved  Protections,  for  our  Kirg- 
 domes  oncly  fubftantiall  fccurity,  to  put  all  into  his  Majefties  hands  forthwith,  before 
 they  fee  lomc  rcall  performances  and  change  of  Councclls  ?  Certaincly  if  they  be  fo 
 much  ovcr-fccnc,  they  arc  likrtobc  fofarrcfrom  mendrg  our  prefent  condition, 
 that  they  (halibut  make  it  worfc,  yea  and  betray  themfclvcSjWith  all  that  truft  them, 
 both  for  the  prefent  and  polleritic 
 
 But  we  have  very  good  La vvrs  artehtcd  to  by  his  Ma  jeftic  this  Parliament;  for  our  obicR, 
 kcurity  too.  True  I  butare  they  not  fpidcri  Webbs,and  already  undermined  in  a&i-  Axf*. 
 on  or  intention?  Doe  they  fecure  us  in  any  kinde  for  the  prefent,  and  will  they  doc  it 
 for  the  future?  will  time(thinkcycu)  make  them  binding  to  the  King,  if  they  oblige 
 hinanot,as  loon  as  made?  Did  the  Petition  of  Right  3°  C*r*/i,(*  mo  i  t  inviolable  fecti- 
 rity  as  molt  then  dreamed )  fecure  the  Subjecls  in  the  'eaft  degree  againfl  any  publikc 
 wrong,  fo  long  as  for  one  monethsfpacc  ?  Wat  it  not  turned  iuo  a  kinde  of  wrong 
 ai  foon  as  madc,and  ever  fin cc?Nay, were  there  not  only  fundry  actions  don,but  I.idg- 
 rnents  too  in  the  very  greatcfi  Courts  of  Iufticc,  given  againft  it,  yea  againlt  the  very 
 letter  and  unqucflionablc  meaning  of  M*gra  Chvtaf  2nd  other  fundamentall  Laws, 
 by  corrupted,or  over  awed  timorous  Iudges?  vca,  arc  not  mod  good  Acts  made  this 
 SciTlon  for  the  Subjects  benefit,  and  all  the  Subjects  Liberties  atone  ftrok :  quite  hew- 
 en  downc  and  undermined  by  a  pretence  of  Law  it  fclfc,  in  his  Ma]  Jlies  *  Anfter  t§ 
 fatk  the  Htnf  s  Decl irati%n^orctrning  the  CommiJJi.n  of  Array  f  Quid  verba  a-  diam^ 
 fatt  i  cu  v  vdeam  t  The  mcancll  Latin:  Scholler  knowes,  that  verba  ^v,(?gnifks  pro- 
 perly f  deceive;  and  Subjecls  have becne  oft  deceived,  even  with  Aels  of  Parliament. 
 Nowthatallma/fcchow  invalid  affurances  La  wes  are  to  fecure  the  Subjecls  Liber- 
 tics,  though  ratified  with  never  fo  many  confirmation?,  oathes,fcalcs-,  I  fhall  give  you 
 2.  or  5.  ancient  prefi  Jcnts.  The  tirft  is  that  of*  King  Job*s  who  Ann:  1 2 1 4.  confir-  *  odit.VitU 
 med  Magna  Chart 4,  the  Charter  of  the  Forrejl,  and  other  Liberties  with  his  hand,  uift  p. i^.to 
 fealc,oath,proclamationS)thc  Popes  Bull,  folemnc  excommunications  again'!  the  in-  i^Danielp 
 fringcrsof  it,  denounced  by  all  the  Biihops  in  his  prcfcncc;  by  appointing  25.  Ba-  |4J.'44.84J- 
 rons,  who  by  oath  were  to  fee  and  force  him,  and  all  others  to  obfervc  it,  by  feinng  on 
 his  Caftlcs,  Lands,  goods;  and  by  refigning  the  cull  odic  of  his  4,  chicfc  Cables  to 
 the  difpofe  of  15.  fiords;  whomall  other  Lords  and  C  mraons  were  bound  to  affiftj 
 
 £  2  yet 
 
jtf  The  Parliaments  Inter  eft  in  the  Militia. 
 
 yet  in  leffc  than  on  haUc  yeare>  fpacc,thci-  Itrongcit  obligations  are  all  cancelled ^hefc 
 Gordians  cut  in  (under  with  the  (Word  of  warre,  and  the  Sufefecls  reduced  to  greater 
 Vaflcllage  than  ever,as  the  premifes  evidence.    So  King  Henry  the  3d  by  oath  lundry 
 *Mat.Par.Wjl. tllIlcs  Tucccflivcly  ratified  thefe  Charters.  &  the  Su'^tfs  liberties  in  Parliament,?*^ 
 A»gi?. * 4°.     the)  eft  dearcly  pur  chafe  J  tv  thg-eat  Subfii.es  A  .id  *  An.  123  7»this  King  to  gain  a  Sub- 
 4i  •  .4$  o.z^  fidie  of  his  Subjerts,  in  a  Parliament  then  aflembled  at  London;  d-.nye  *  that  in  eve  in* 
 H;y/.p.iJ7)»58  tended  to  revoke  (he  great  Charter,  a»- doth i«r  Ub:rtie$,or  laboured  -mth  the  Pop?  todie 
 it>  with  which  the^Barons  truely  charged  him;  and  th*t  if  *ny  fitch  thing  h  d  been* 
 taf  (tall?  fugge fled  to  him,  he  did  utterly  nfllanA  revoke  tt :  and  becaufe  he  fcemed  not  al- 
 together  free  from  the fentence  of  excommunic^.  ion,  which  Ste  en  the  Arch-  biihop, 
 with  all  the  other  Biftopsof  England  hid  denounced  again!*  all  the  infringers  of  the 
 great  Charter,  which  he  through  ill  Counccii  had  in  part  infringed;  he  commanded 
 them  all  in  publikc,  to  renew  the  faid  fentence  againft  all  contradictors  of  the  fayd 
 Char  tcr  ,f j  that  if  he  himfcife,  through  any  conceived  rancor,had  not  peradventure  ob- 
 fervedit,  he  might  more  grievoufly  relapfc  into  the  faid  denounced  fentence.  By 
 which  meanes,  and  fpeech,  he  wonderfully  reconciled  to  him  the  hearts  of  all  that 
 heard  of  thefe things, and  fuddenlycaufcth  the  Eyries  Warren,  a* d  Ferrers,  tndjoh* 
 f't^-Jefryiby  the  Parliaments  appointment,  to  be  fwcrne  hi*  Courellorj}  giving  them 
 this  Oitb;  Thar  by  no  meaes,  neither  for  rew*rds,nor  any  other  cauje,  they  fcouldfwarvt 
 frombeveay  of truth ,bnt  flrty Id  give  good  ani  who/efoms  Comcell  boih  to  the  King 
 and  Kingdoms.  Whereupon  they  freely  gave  the  King  the  30th  pare  of  all  their  mova* 
 ble  go  jds,  except  their  gold ,  filver,  horles  and  arracs, to  be  fp'nt  on  the  good  of  the 
 Republickc,  with  this  condition  often  annexed;  that  iho  King  fhouldle  vnhe  Counccli 
 of  Aiitr.s,  ad  onelj  n(e  the  aivife  of  his  natn>  all  Subjetts  :  W  hica^ubfidic  was  or- 
 dered, to  be  collc^ed  by  4,  knights,  and  one  clerke  in  every  County,  and  there layd op 
 in  fome  religious  houfe  or  C  a(llc,that  if  the  King  (liould  reccedefrom  his  promise  and 
 condition,  every  one  might  faithfully  receive  backs  his  ownc  againc.  Eat  nofooner 
 wasthc  Parliament  ended,. but  the  King  brcakes  all  bis  proraifes;  (Kewes  more  fa* 
 vour  to,  and  is  more  ruled  by  grangers  then  ever  before;  levies  the  iabiidie  in  a  ftriclct 
 and  farrc  other  manner  then  was  prefcribed,  and  beftowes  rnofr.  of  it  on  (bangers  to 
 be  tranfportedj  marrieth  his  fitter  Eleanor  to  Sim  n  Monfort,  (a  new  come  French 
 Exile,  of meane  fortunes  )y?*  rumqu*  natHralwm  homimm  confku  fall  &  efl  extvantm 
 &  fnti  b  nevolU,  Reg?nq«e  acj^jpustictti  i ibm '-fatlm  eft  cervicojuj,  it  a  cjuei  per  eo* 
 mm  confil'mm  param  aut  nihil  de  negociis  Regm  traUarei  a*t  operare ur.  Which 
 courfes,  with  other.io  incenfed  the  Nobility, and  generally  all  the  fobjc&Sjas  put  them 
 into  a  new  com  motion;  which  made  hi  center  into  new  Articles  and  promifes  ratified 
 with  fealesand  Oathcs,  yet  ftill  infringed  asfooneas  made.  After  this  inthc  37.  year* 
 of  his  Ilaigne  ho  ratified  them  in  the  mod  f3lemnc  and  religious  manner  as  Religior 
 ^Mit.Ptr  M* anc*  State  could  ever  dcyKc  todoc.  *  TheKing  with  all  the  great  Nobility  ofEnglani, 
 1155  1838.     all  the  Bjfiijpsan4chiefePrelatesintheirPomificali'3us,withburningTapersbthci: 
 %i9TUsut.   hands  atferable  to  hearc  the  terrible  fentence  of  Excommunication,  and  at  thsltgh- 
 **  !?r^e  6>Sn'  t*n^  °^  tno^c  candles,  the  King  having  onex)f  them  in  his  hand,  gives  it  to  a  prelate 
 spet  I  p.  i « ':     t^crc  kft  ftyinS  •  h  becomes  ko'  ?*&  bcirhsj  no  Prieil,to  hold  this  Candle,  but  my  bean 
 MaUKeftm.     ftall  be  a  greater  tcftimony;  and  withalilayd  his  hand  fpread  upon  his  breaft,  th< 
 iioiinfhed,  Fab.  wholctimc  the  fentence  was  read,  in  this  forme.  We Bonifuee  Archbifuopofffaner- 
 5rf4A».ia5i-  bury,  &c.  by  the  Authority  of  Go  I  Almighty,  andoft-e  Sanx^  and  of  she  Holy,  Ghofi. 
 and  of  *UApo(lie<,  M-rtjrs,  fiofeffcrs,  VWgms/^md  tilths  Saint j  ef  God I,  (many  oi 
 
 Jbetn  there  fpwially  nagd)  d&:FAxcm?mic#tfi9  m^taidfeprmfTowtht  £b*rck  *? 
 
 \ 
 
7  he  Par  foments  Interest  w  the  Militia.  37 
 
 Col,  *//  thofe  who  from  ke>cefcrth,   wttt  n*ly  and  WiHing'y  Jball  Jeprre  cr  ffoy/ethe 
 Ekttrch  of  her  right  1  like  n  >/*  •  M  thefe,  who  by  *  nj  art  or  cu  ning  fl>all  raft  'j  violate,  ctu 
 mir>i/)  or  .It  r,  p ivilj  or  ofertj  crvyo  dor  ace  &  or  cow  eel: '}  fialt  rafily  cone  agairfi 
 */  V  an)  of  the  cncient  Liberties  o  * fjrw.'dt uflomcs  of  the  Rcalmey  and  efpecuil)  tie 
 I  ib ''  ties  a  d  free  Cfflomcs  which  are  conteincd  1   the  (.  hartcrs  ef  the  Ccmn  on  L/'ef  tier 
 if  Ewg/dttd,    emd  oftii  fit  eft,  granted  ij  0  r  L<rd  the  King   of  E*gU>d,   to  t'e 
 An  b-E'i flops  ,'Htfi  ops  f'relatej,  barles,  Barors,  Knights  and  F  ee  Tenants  of  England; 
 iikewtfe  alltb-m  w'w  fla'l  m\ke>or  objerve  whe>:  maie,  any  ftatutes,  or  introduce  cr  keove 
 whenin  roducedtanj  cuftom:s  agav  ft  then  cr  anr  0]  them,  together  with  the  writer  s,Ccuk<. 
 eellors  and  executioners  of  fetch  ftaiu'es,  and  thofe  i*ho  flat  prefume  to  jud^c  accord  ng 
 to  them.  Iafempeter^dll  memory  where  of ,  vvctavc  though:  ir.cctc  to  fct  our  leaks. 
 And  thin  throwing  downc  all  their  Candles,  wh  ch  lay  f  mokir.g  on  theground,  every 
 one  cryed  out;  So  let  ei  try  o>:c  who  incttrrts  t'<is  fenter.ee  be  txtintl  in  hell.   Then  the 
 B.Ts  ringirg  cut,  the  King  himlclf  folemnely  fwore  and  protcfted  with  a  lowd  vo> ce, 
 with  h  s  hand  upon  his  brcft :  As  God  me  k  Ipe,  I  will  faithfully  and  inz  ioUblj  keep  theft 
 things  as  I  an  4  Man,  a  Chriftian.a  Knight,  a  KING  CROWNED  &  ^NOIN- 
 TtD.  Which  done,  R(bcrtbiQno\) of  Lmcolne fore- thinking,  that  the  King  wculd 
 violate  the  fore  (aid  Charters,  prcfently  caufed  the  like  excommunication  to  be  made  in 
 all  his  innumerable  Pari£h  Churches;  wltfh  fentence  would  make  mens  cares  to  tingle, 
 and  their  h:  arts  no:  a  little  to  tremble.  *  Never  were  lawes  amongft  men  ("except  *  ^iwV/.'p? 
 tho'choly  Commandments  from  the  Mourn)  cftablifhed  wnh  more  majeftieof  Cere-  l69* 
 mony,  to  make  them  reverend  and  refpeded  then  were  thefe :  they  wanted  but  thun- 
 der and  lightning  fire  m  heaven,  (which  if  prayers  would  have  procured,  they  would 
 iikewifc  have  had,)  to  make  the  fentence  ghaltly,  and  hideous  to  tie  infringers  there- 
 of. The  gretfeft  feeurity  that  could  be  given,  was  an  oath,  and  that  fblemiicly  takenj 
 the  1  >ncly  c'ain  on  carth,bc!idcs  lovc3to  tic  the  conscience  of  man  and  humane  Society 
 together;  which  (hould  it  not  hold  us,  all  the  frame  and  government  mud  needes 
 fall  quite  afundcr.  W  ho  would  have  once  imagined, that  a  man,  a  Chriftian,  a  Knight, 
 a  K    .  ,^fter  fuchapublickcoath^and  excommunication,  wculd  ever  have  violated 
 rfpecuily  to  hisioy all  Subjects  ?  yet  loc  almoft  a  miracl.  (though  over- com- 
 mon among  our  Kings,)  the  verv  next  wards  in  my  *  Hiftorian  after  this  Oath  ard  *Mat;y?s?H- 
 tveo  r,munication,arc  thefe  ;  The  Parliament  leixg  thttt  dijfohed,  the  King  V  R  £-  p.*J9* 
 S  EN  T  LT  njingiM  CounfeU,fludied how  to  infring.  all  ' he premifes;  thefe  whifperers 
 cf  S*tau  telling  him;  that  he  neede  not  care  though  he  incurred  ti  is  fentence,  for  the  lop-  for 
 or.cor  two  hundred  pounds  rvi&abfdve  hint,  who  out  of  th  ■  fulwjfe  of  his  po\X>er  can  Uofe 
 tndbindtwhafoevtrhcp'.eafeiht&c.  which  the  Pope  foone  after  did;  and  the  King 
 returned  to  his  former  opprcflive  courfes,  more  violently  than  before.  Well  then 
 might  the  royaii  Prophet  give  us  this  divine  caution,  *  0  put  n't  yen  ■  ttmfi  in  Tnncesi  - 
 *  *Surelyi  ntsn  rfhigh  degree  are  4  l)t\  to  be  lajd  in  the  ballar.ee  the)  are  altogether  lighter  *  pfa\t  i^c.k 
 th  n  v*i*ty,  both  in  their  oathes  and  promiies.  Hence  *  If  able  Countcfle  of  Arundle,  fyl-  $r.). 
 a  well  fpoken  Lady,  receiving  a  rcpulfe  from  this  Kings  hands  about  a  Ward,  whereto  *  ^fk^n  U 
 fhc  conceived  Qjc  had  right,  the  King  giving  her  aharfti  anlwcre,  and  turning  from  %c^J'^f ' 
 hcr,fayd  thmto  his  face :  O  my  Lord  King,  why  turneyou  away  your  face  from  /u-  6x8.2UrSp  >. 
 ftice,  that  we  can  obtainc  no  right  in  your  Court/  You  are  conftituted  in  the  midtt  i67tici..' 
 bctweene  God  and  us,  but  you  neither  govcrne  your  ielfe  nor  us  difcrecrely,  as  you' 
 ought.  You  foamefuily  vex  both  the  Church  and  Nobles  of  the  Kingdomc  by  all  waves  * 
 you  m3y,which  they  have  not  only  felt  in  prefent  but  often  hcrctofore.The  King  fired  * 
 atfofrceaipwchvwith^korncfull  angry  countenance,  and  lowd. vcyce  anfwered:* 
 
3  8  7  be  Parliaments  Inter  efi  intheCMilitti. 
 
 €  What,  my  Lady  Counteflc,  have  the  Lords  of  England,  becaufe  you  have  tongue  ac 
 «  will,  made  you  a  Charter,and  hired  you  to  bcthcir  Orator  and  Advocated  Whcrcun- 
 
 *  to  (he reply cd:  NjtfomyLord,  they  have  not  made  any  Charter  to  me;  but  that 
 
 *  Charter  which  your  Father  made,  and  which  your  fclfehave  oft  confirmed,  fwearing 
 
 *  to  kcepe  the  fame  inviolably  and  constantly,  and  often  extorting  money,  upon  pro- 
 'mife,  that  the  liberties  therein  contcined  fhould  be  faithfully  obfetved,  you  have  not 
 
 *  kept,  but  without  regard  to  honour  or  confcicncc  broken;  Therefore  are  you  found 
 «  tobeamanifeftviolaccrof  your  faith  and  Oath.  Where  are  the  liberties  of  England, 
 c  fo  often  fairely  ingrolfcd  ?  fo  often  granted  /  fo  often  bought  i  I,  though  a  woman, 
 'and  with  me  all  the  naturall  and  loyali  people  of  the  land,  appealeyouto  the  Tribt*- 
 c  nail  of  that  high  ludge  abovc,and  heaven  and  earth  (hall  be  our  witneffe,  that  you  have 
 c  moftunjuftly  dealt  with  us,  and  the  Lord  God  of  revenge,  avenge  and  right  us. 
 c  rhcKingdifturbedat  thefc  words  asked  her;  If  flic  cxpe&ed  not  to  obtaine  her 
 cfuite  upon  favour,  feeing  (he  was  his  kinfwoman?  Whcreunto  (he  anlwcred.  How 
 
 *  (hall  I  hope  for  grace,  when  you  deny  me  right  ?  Therefore  I  appcalc  before  the  face 
 '  of  Chrift  againft  thofe  Counccllours  alio  of  yours,  who  gaping  onely  after  their  own 
 c  gaine,have  bewitched  and  infatuated  you.  Iwiflinone  hadcaufe  at  this  very  ieafon 
 'to  make  the  like  appeal  e*.  As  boldly,  though  in  fewer  words,  is  he  reproved  by  the 
 
 *M<ttfow  V*  '  *  Matter  of  the  Hofpitall  of  Hierufalem,  vmZUrken  well,  who  comming  to  complainc 
 
 tis.psi6.     '  of  an  injury-committed  againft  their  Charter,  the  King  told  him;  The  Prelates,  and 
 
 &»T&**icl    «  efpcciallythe  Templets  and  Hofpitalers,  had  fo  many  Liberties  and  Charters,  that 
 
 p'      *         *  their  riches  made  them  proud,  and  their  pride  mad;  and  that  thofe  things  which  were 
 
 c  unadvifediygranted,wcre  with  muchdifcretion  to  berevoked;allcaging,thatthc  Pope 
 
 '  had  often  recalled  his  o  wne  grants,  with  the  claufe,  Non  ebfijtntti  and  why  fliould  not 
 
 c  he  cafhierc  thofe  Charters  inconfiderately  granted  by  him,  and  his  Predcceffors  ?  What 
 
 *  fay  your  Sir  ?  (fayd  the  Prior )  God  forbid  fo  ill  a  word  ihould  proceed  out  of  your 
 '  mouth  :  fo  long  as  you  obfet  vc  jufticc  you  may  be  a  King,  as  foone  as  you  violate  the 
 c  fame,  you  (hall  ceale  to  be  a  King,  To  which  the  King  inconsiderately  replied.  O  what 
 <  meancs  this  I  you  Englishmen,  will  you  call:  me  dqwne  from  the  Kingdomc  as  you 
 
 did  my  Father,  and  kill  me  being  precipitated  ?  I  could  inftance  in  divcrfc  like  viola- 
 tions of  Afaga  Charta  and  other  good  Lawes  immediately  after  their  making  and 
 
 *  fee  Covfiit.  ratification  with  folemncil  Oathes  and  *  excommunications, both  in  King  E  ward  the 
 Condi,  de  i .  and  a.  and  Richard  the  feconds  rasgnes,  which  becaufe  elfc  where  lightly  touched  I 
 Rzd'mg.capdc  ihall  pretermit  •  concluding  onely  with  one  prefident  more,  in  one  of  our  beft  and 
 ^mlublic  in  J11^  Princes  raignes,King^*  Edward  the  third,  in  whofe  reigne  even  then  when  by 
 Ciobnde  jtm.  fpcciall  Ads,  there  was  not  onely  a  trieniall  Parliament  but  an  annuall  to  be  heldjand 
 /.iji.  fometimes4.  or  5.  Parliaments  held  every  yeare,  and  Magna  Chart <*ufually  fiiftcon- 
 *7)am<liHi*  firmed  by  anew  Law  in  every  one  of  them,  yet  we  frnli  finde  not  onely  frequent 
 [lory  p.  z6o.    COroplaints  of  the  breaches  of  it,  but  *  many  new  Lawes  one  after  another,  enaded, 
 
 *  5  E.z*  9-  to  prevent  and  punijfh  the  violations  of  it;  and  yet  all  to  little  purpofe,  as  thofe  A<frs 
 St'J.l. clia  declare, an<* '  "r late,  yea  prdent timesarteft :  and  which  is  very  obfervable;  when 
 x$.£^Srtf.  Km8  Edward  the  5ain  the  firft  Parliament,  in  the  15.  ycareof  his  Raignc,  hadordai- 
 5.c.4.x8.£.j.  ned  and e(Rlifh-d  divers  good  Statutes,  which  he  willed  and  granted  FOR  HIM 
 £$.£7:*.3*  &  HIS  HEIRES  that  they  fliould  be  FIRMELY  KEPT  &  HOLDEN  FOR 
 8 1  £ f c \f*   E Y^ ^'f°\ gratification of. Mag* a £hana yznd better obferving othcrgood Lawes; 
 
The  Parliaments  Jntcrefi  in  the  CMilititia .  3  9 
 
 and  maintaine  the  points  of  the  jyxat  Charter,  and  the  Charter  of  the  Forreft,  and  all 
 
 other  Statutes,  without  breaking  any  one  point ;   No  fooner  was  that  Parliament  dif- 
 
 iolved  but  the  very  fame  yeare.hc  publikely  *  revoked  choic  Statutes:  pre  ten  ding.  7"/^ 
 
 ihey  "ere  co>tra  j  to  tlx  Lawcs  anA  (fufiom^  ef  the  Rea/ne,  and  to  ku  'Prerogative  *  ^c  Rcvo- 
 
 tmuKi'ltsRojAlLatl  yvhuh  >  t  Ly  hh  Oath  v  as  boundtom  MM  ne  \  Wi.ertforc  wt/iwer  c*no"  cl thU, 
 Y     1       J,r'iJiitr-  j      /     l    j  1  ru    J     ,     ,.  •  ?  Statute  i/t&de 
 
 providently  to  revoke  fuc  >  tht  gs,  which  he  fo  improvident  ly  haddone.    Hecnuc  (iaith  M  E^      in 
 
 he,  marke  the  diilimulation  of  Princes  even  in  Parliaments,)  Wenevr  rea'ly  con-  the  statutes  at 
 
 tented  to  the  making  of  ft  eh  Statutes  ,  but  as  then  u  beloved  //,    IV  E  E   D  /.'-  bye. 
 
 S  EMB  LED    IN     THE    PREMISES  :    by   T>>  deflations  of  nvecatU 
 
 ens ,  if  in  eed  they  jhouid  prcceei  to  fecure  the  Dangers,  which  By  the  Denying  of  the 
 
 fame  WC  feared  to  come,  for  as  much  as  the  f  id  Parliament  otherwife  had  beene  nit '  - 
 
 vutany  c*  frdttion^in d'feord diffclved,  and  joourearnefl  bufi  etf?  had  It?  ly  ■ ee  e,whi  h 
 
 Cjod  prohibit  inruine,  ss4nd.the  faid  fr.fnfed  Statute ,  79c  p  om'tfed  then  to  be  fra/ed; 
 
 M tit  fit  hen  e  the  Statute  did  not   of  our  owne  free  will  proceed,  it  fennel  to  tb?  Ea  I  /, 
 
 Barons y  a>  d  other  wife  menywith  wh  mwee  have  treaud  thereupon,  T  e  fa  >e  fhould 
 
 bevo;dc,audoughcnottohavetheNameror  Strength  or  a  Statute  :  And  therefore 
 
 it  their  Council  and  •sfffen*  We  have  Decreed  the  faid  Statute  to  be  void,  end  the 
 
 f.mc  in  as  much  as  it  proceeded  of  d'ed   we  have  brought  to  be  anullei*  And  the  [anserre 
 
 4ue  onely  to  the  conjov  tion  and  redintegration  of  the  %ightsofeur  Crowe,  as  w  be 
 
 bound,  and  not  that  We  fhouldm  any  rrife  aggravate  or  oppreffeour  Subjects  wh?m  wee 
 
 iefiretorule  by  lenity  and  gent lenejfc.    And  thus  his  Siablifhing  of  thefe  Lawe  ,  for 
 
 Him  and  his  Heires,  fYmlj  to  he  i.oldenand  kept  for  ev  r,   was  turned  into  an  citato 
 
 fit  wijj,  determined  as  foone  as  granted.  By  which  pretence  of  D  Jjimulation,  of  a 
 
 confentto  Acts,yctnot  free,  but  faincd  onely  to  accomplfli  his  owne  ends,  and  of 
 
 prcferving  and  redintegrating  the  Rights  of  the  Crowne  ;    how  eaflly  may  3ny 
 
 King,  ( and  how  oft  have  many  Kings,  actually,  though  not  Lega'ly)  invallid  and 
 
 nullifie  all  Ads  they  have  parted  for  the  Sub/e&s  benefit ,  as  foonc  as  they  are  made 
 
 by  Parliaments?  What  weakc affurances  then  are  Lawes alone  ,  to  binde  Princes 
 
 hands,   or  fecure  Subjects  Liberties,  let  all  wife  men  judge. 
 
 If  then  the  ignorant  vulgar  will  be  deceived  with  thefe  ipecious  fruitlcfle  Prote- 
 flations,and  thebaic  grant  only  ot  forne good  Laws  f already  highly  violated)  with- 
 out any  apparent  intention  to  obferve  them;yct  molt  prefumc  the  great  Counfdl  cf 
 the  Kingdome  ("which  in  10  many  printed  Dee&rmtkmrhaA  informedtheSubk&s- 
 of  the  prcmifes,  to  make  them  cautious,  and  vigilant  aga:nil  all  fuch  circumventions) 
 wil  not  be  fo  eafily  over-reached  j  and  find  better  aflurances  before  they  truft  too  far. 
 Fourthly,  admit  (Tay  fen*  J  His  Majeftics  Proteftations  and  Promifes  upon  the 
 hoped  accommodatiou  fliould  be  rcall,  (wcl>  the  fending  abroad  of  his  Forces,  Weft, 
 South, North,  at  this  very  inftant  of  Treating  n  akes  molt  doubt3)  yet  the  fvvay  of  ill 
 Counsellors  about  him,  more  prevalent  with,  more  truftcd  by  him,  ac  this  prefent 
 then  his  grandeft  Counfdl,  the  Parliament :  the  Potencie  of  the  Quccne,  the  great 
 merits  of  her  Grace  &  Papiftsfwho  will  not  be  more  modeft  with  the  King,thcn  they 
 ire  with.  God  himfelfe,  in  challenging  rewards  exdebito,  for  fcrvice  done  unto  him) 
 the  deferts  of  divers  Malignants  about  the  King,  who  will  challenge  all  places  of 
 trull  from  bis  Majeftie,  as  a  juft  reward  for  their  faithfull  fervice ;  as  they  did  in 
 Henry  the  ;<*,  his  raignc,  when  *<Jtt at  hew  Paris  complained,  and  the  whole  King-  *H#  ^r£l* 
 dome  with  him,  in  this  manner,  judic ,:«*  commit  t^n-ur  injuflis  leges  exlegibus,  pax  P*  27l* 
 difcordantibsUy  juflitia  injnri»fts9  &o%  Who  when  they  have  all  power  and  offices 
 fiiarcdamoiigthcin,  will  be  apt  to  meditate  aadaftrcvesige^thcpriiHcft  of  their 
 
 Parli- 
 
The  Parliaments  Inter  eft  in  the  Militia, 
 
 Parliamsncary  Oppofitcs,  to  opprciVe  and  fleece  the  Sub  jeds  to  repa ire  their  loflcs, 
 their  expences  in  this  warre,or  their  poore  decayed  fortunes.  All  the  ie  with  other  fuch 
 like  probable  futiequcnt  confederations,   may  iuftly  plead  the  inconvenience,  and 
 great  danger  to  Parliament  and  Kingdome,  to  make  an  abfolucc  prefenc  furrenderof 
 t\K  Militia,  Forts,  Navie,  ammunition  into  fuch  untrufty  hands,  as  are  likely  to 
 turne  them  all  againft  them*  and  to  proouc  mtfeheivous,  if  not  pernicious,  unto  both, 
 *s       T>       ^or  c^e  Prcm^ici  reafons ;  *  PePJfera  vis  eft  valcrc  ad  nocendum\  especially  if  it  be 
 CkmattUlu  in  Malignant  hands.  And  here,  to  avoyd  all  mifinccrpretations  ot  this  impartial!  dif- 
 courfe,  I  fsrioufly  protcft ;  that  as  I  heartily  defireand  conftantly  endeavour  a  fpec  i 
 dy,fafe,cordiall  vnion  between  King, Parliament, People;  fo  have  I  mod  unwil-  I 
 lingly  been  neceffitatcd  ro  repeat  the  preraifed  objections,  much  feared  dcfignes,and  I 
 experimcntail  contradictions  bet  weene  many  late  Proteftations  and  a<ftions,(frequcnt  I 
 in  Parliamentary  Declarations,  new  printed  Pamphlets,  and  mod  mens  mouthes;^ 
 not  out  of  anydifloyall  fcditious  in:ention  fas  fome  will  oaaliciouflymif-coiifter  it^  I 
 to  ftaine  his  Maicfties  Reputation  with  his  people,  and  make  the  breach  bctwccnc  j 
 them  incurable,  thac  they  tray  never  truft  one  another  more;  but  oncly  faithfully  to 
 demonftrate  to  his  Highneficand  all  about  him,  the  greatdifferv.ee  and  impoliticly© 
 pernicious  advife  of  thole  ill  Councilors,  who  have  moft  unhappily  engaged  him., 
 in  fuch  pernicious  proiecls  and  frequent  repugnances  of  workes  and  words,  aa 
 have  given  both  Parliament  and  people,  a  more  then  colourable,  if  not  iuft  cccafi- 
 on  to  diftruft  his  Maieftics  gracious  words  and  promilcsfor  the  prefent,  till  they 
 (hall  vifibly  difcerne  them,  more  punctually  obfcrvcd,and  reallized  for  the  future;  and 
 made  them  (o  unhappy  on  the  one  hand,  that  now  they  dare  not  truft  his  Majcfty 
 iofarrc  forth  as  they  defire,  out  of  a  provident  ca^c  of  their  ownc  future  fecurity; 
 and  His  Highnctfc  fo  unfortunate  on  the  other  hand,  as  to  grow  jealous  of  their  Loy- 
 alties, becaufcthey  will  not  confide  in  his  Royall  Faith  and  Proteftations,  fo  farre 
 as  he  expects ,  out  of  a  care  to  preferue  hisowne  Kingly  Honour*  In  this  unhappy 
 diffidence  (occafioned  oncly  by  His  Majcftics  cvill  Counfcli)  betwecne  King  and 
 Kingdome,  a  reall  future  renouncing  of  all  forenamed  fufpe&cd  defigncs,  and 
 aftuall  performance  of  all  Regail  promifes,  will  be  the  oncly  raeanes  to  cure  all  Ie- 
 loufics,  baniQi  all  feares,  remove  all  dirhdenccs;  and  beget  an  afliircd  truft,  firme 
 peace,  and  lading  unity  bctw.en  King  and  Subjcds,to  their  mu:uallunexprefli!:le  fe- 
 licity ;  which  I  fhali  day  ly  imprecate  the  Cod  of  Peace  fpecdily  to  accomplish.  But 
 to  rcturnc  to  the  matter  in  hand. 
 
 Secondly,  It  is  conceived  by  many  indifferent  men,  to  be  farre  more  reafonable 
 and  fafe  both  for  King  and  Kingdome  ("as  things  now  Hand)  that  the  MMia>  Ports, 
 &c.  till  our  feares  and  jealoufics  be  quite  removed,  fhould  remaine  in  the  Parlia- 
 ments hands,  then  in  the  Kings  alone :  which.thcy  thus  demonftrate. 
 *  SectVieRa        ^ir^'  Becaufe  all  the fe  *  are  the  Kingdomes iir ghttpnperiy%fffe ;  notthe Kings- 
 monftrancc  of  Who  being  but  the  Kingdomes  Royall  publicke  Scrvant,may  with  Honour  and  better 
 che  Lord  and    reafon  deliver  up  the  Cuftody  of  them  to  the  reprcfentative  Body  of  the  Kingdome 
 Commons,      for  a  feafon,  then  detaine  them  from  them,  when  they  require  it.  Secondly,  Becaufe 
 an^2,6'164*   the  Parliament  is  the  Superiour  S  ^veraignc  power  ,  the  King  but  the  Miniftcriali; 
 a|6^m/B  *'  and  itismorcrationallandjuft,  that  the  inferiour  fhould  condifcend  to  the  greater 
 Power  ,  the  Miniftcriali  to  thofe  hec  fcrves,  then  they  to  him.    Thirdly,  Many 
 men  of  Honour  and  fidelity  are  more  to  be  trufted  and  credited,  then  any  one  man 
 whatfDever, becaufe  not  fo  mutible,  fo  fob/eel  to  fedufrion,  corruption,  errour,  or 
 fclfc-cndsasonccrveryfevv.   This  is  the  :r acre: fan,  there  are  many  ludges  in  all 
 
 Cruris 
 
J  be  Parliaments  tfnterefl  in  the  Militia.  40 
 
 Courts  ofJufticc  ;  moftfelca  Members  in  the  highciH  curt  of  all,  tic  Farhar.cnr, 
 (as  there  *    v**  *»  the  Rcmn  Sentte ,  in  Toraigr.c  Parliaments,  inNaticrallard  *  c 
 Ger.crall  Cour.ccls ;  becaufe  Courts  of  glared  truft  and  power)  many  bc;ug  more  Suma  Pivn 
 tn.tty  and  juditious  then  ere,  cr  a  few  ;\\'l  crcc  SUtnun  dculics  ibia  rciolution  ,j  ;:i  \  £*»» 
 
 §r.e  ,  inpeintof  truft  }  whence  \\ifc  men  of  guar  ePatcs  mekc  many  Fccflces ,  or  / lt 
 txccutors3ard  feldcmcdcccofidc  inor.e  alone.    The  Parliament  ihcifcrcbcing  u    -  -.if. 
 
 ny,  and  the  King  Lut  one,  are  melt  robe  confided  in  by  the  Kirgdcn.c.   Fourthly.  H**1*U 
 Kn'.gsrave  frequently  broke  their  Taith  ar.d  Ttuli  with  their  1  zjlu-ments  fnd  King-  .  ~ 
 domes  \  Parliaments ieldome or  never  violated  their  tn.il  ro  Kirg  or  KingdcxnC;M  ,5# 
 therefore  its  more  juft,  kflfe  dangerous  for  Kit  g  and  Kingdoms  to  uuihhe  Par- 
 liament, then  the  King. 
 
 Fiftly,Tr,e  Parliament  is  elective,  confiding  for  the  molt  part  of  the  principall  men 
 in  every  County,  City,  Burrough,  in  whom  the  people  who  elected  them,  moft  con- 
 fide ;  The  King  {ucceflivej not  Elective.  Therefore  not  fo  much  confided  in  by  the 
 Kirgdomc,as  the  Parliament.  Sixtly,  The  Parliament  being  the  great  Cc-uniell  both 
 of  King  and  Kingdome,  confiding  ot  the  able  ft  men   cf  all  Counties  ;  is  letter  able 
 to  juogc  and  make  chcyceof  fit  perfens  to  mauageand  keep  the  prcmifes  for  the 
 publike  fafcty,  then  the  Kingalone,wiihcuttheiradvi(c.  Scventhly,The Parliament 
 heretofore  hath  elected  the  greatcft  Officers  of  the  Kingdomc,  (yea  the  King  him- 
 felfc,when  the  Title  to  the  Crownc  hath  been  doubtfuil,thc  inheritance  and  diicent 
 whereof  hath  in  all  or  moft  Prince sr nigr.es,  *  bcene  conftantly  ojiided  ard  [(tied  bj-      - 
 t':e  Tarlumfvt ,  as  I  have  formerly  proved  )  becau(e  it  mod  concernes  the  weal  or  f.I  j^Vs  c" 
 woe  ;  the  peace  &  fafcty  of  the  Rcafme  to  have  trufiy  Officers  •  Therefore  by  the  :7  ^  h.8* 
 ftlfc-fame  rcafon  they  fhould  for  the  prcfent  appoint  all  Officers  for  the  eultedy  07  35  h,8. 
 and  ordering  of  the  Prcmifes.  E'ghtly,  The  Kings trufjing  the  Parliament  with  thefc  *•«•  ■  B%« 
 things  for  a  convenient  rime,  wil  be  the  only  raeancs  to  remove  thepeoplesfesres,  l>'c'!pig   r  ■ 
 prevent  their  dangers,quict  their  mindes,bec;ec  a  perfect  vrJty  and  amity  between  £jj,  Th«  ° 
 King,  Parliament,  Sub  feci,  and  prevent  all  future  differences  :  whereas  the  prcfent  princes  Cafe^ 
 refigning  of  them  to  his  Majeures  trufi  and  power,will  but  sugment  their  jealou- 
 (ies,  fcares,  dangers,  difcontent? ;  and  neither  pacific  former  differences,  nor  prevent 
 future, but  rather  perpetuate  and  beget  them  ;  efpecially  if  any  notorious  Papiils, 
 Malignants  ("the  likcliefl  men  to  be  impioyed  vnderhisMaiefiy  )be  trufied  witha- 
 ny  of  the  prcmifes,  which  will  endanger  both  Liberties  and  Religion  ;  of  which 
 there  willte  nofeare  at  all,  if  the  Parliament  and  fact]  as  they  Qui!  ncminatebe 
 the  onely  Truftecs.  In  fine,  If  neither  King  nor  Parliament  daic  trait  one  the  o- 
 ther  alone  with  the  premifes, and  it  is  neither  Roy  all,  nor  Honourable  as  many  bc- 
 lecv  for  the  King  to  truft  the  Parliament  now  alone, with  thefe,who  in  their  *Dccli-  > 
 rutins  never  ddircd,  but  profefled  the  contrary,  that  the  chief  eft  ccwmtxd  of  the  Mi-  1642  T  and 
 litlt  rchen  indifferent  Officers  rve>e  appiti'ed,  fiould  ftulrcfde  in  his  Msjefij^  in  as  CMy  16. 
 atxfle  manner  as  before-  there  is  no  other  equal,  honourable,  Juft, impartial!, pro-  l6*z' 
 bible  way  left  to  fecureor  accord  both  parties  in  this  particular,  but  onely  ro  com- 
 mit the  premifes  for  a  convenient  time,  to  the  cuftoriy  of  fuchtrufly  perfons,  no- 
 minated by  the  Parliaments  the  King, or  by  the  King  rothe  Parliaments  both 
 fides  ioyntly  fhailallowof,  and  by  a  fpeciall  Bill  to  prefcribe  them  fuch  an  Oath  , 
 as  lTiall  oblige  them,  to  keep  and  imploy  them  onely  for  the  ioynt  ufe  of  King, 
 
 (*)  Kingdomcy 
 
I  _    ■        I  ,  -  -        -J * ■ r_^«_____ 
 
 The  Parliaments  fatereft  in  the  Militia. 
 
 _  -  -  __  ,  -  - 
 
 Kingdomc,and  Parliament,  by  the  joynt  direction  of  King  and  Parliament",  and  not 
 by  the  fmgtc  warrant  or  command  of  cither  of  ehem,  whiles  this  Parliament  conti- 
 nues ;  Vnder  painc  of  High  Trcafon,  both  againfl  the  King  and  Kingdomc. 
 
 I  (hall  dofe  up  this  objection  with  the  words  of  Seneca,  *  SecurittsfecHrita- 
 
 *tDtCkmen-  u  mHtu*  facifccndnfft:  Err*t  enim  ft  qms  cxifiimet  tutnm  ejfc  Regem^bi  nihil* 
 
 >a  .i.fcip.  re^  tutum  eft.    Vnnm  eft  inexpugnabUe  muniment urn ,  Amor  Qnium  •  which  the 
 
 King  fhall  then  be  fure  of,  when  he  takes  up  this  refolutton  •  Nonrempttb/icam  [h- 
 
 *m  ejfr,  fedfe  %eifublka :  and  (hall  really  truft  the  Kingdomc  and  Parliament  as 
 
 much,  asfarrcforth,asheexpcftsor  defires  they  fhould  truft  hinu 
 
 T!i£ 
 
etnd  Elctt  Privie  Coumellors,  State  Officers,  and  fudges.  41 
 
 J"he  Parliaments  Rirht  to  Elecl  Vnvie  Counsellors^  Great  Officers  y*nd  judges. 
 
 Obycl.  3. 
 He  thirdgrand  Complaint  of  the  King  and  T^m '//?/,  a  gain  ft  this  Parliament  is  1  *  5c« :  ■   **} 
 xTh  't  the/  t  ike  Mpsnth:  m  *  fnHTt i  recon.mm.nd aid  nomin.it t  tothcKxnghuTri-  }5  iei     " 
 t/tf  Cennccllors,  fudges,  m:h  0  her  great  Officers  *f$Uft\  dem  <ndir.g,  that  none  ofV2l\,?... 
 them  may  hereafter  (effect  lly  during  Pari  am.n  >  s  y  be  ordunedbj  his  A/ajefiie)  bin  bj  the  tr  firfl  pir_ 
 Kominauonor  .dvice.  A  great  aff.ont,  an  incollcrabic  encroachment  on  the  Prcroga- tens,  v.uh 
 tivc  RoyalJ,  as  is  pretended.  olUr  Dccla~ 
 
 Thislowd  clamor  againft  the  Parliament,  if  ferici.fl>  examined, will  fpecdily  ^Ti^fcacii 
 ni(h  into  nothing.   Ffr;  firfr,  it  is  h  already  cleared  ,(c  and  Tortffcue  fo  rclolvesj  Th^f  hispait!^ 
 Kings  thcmfcives  (the  higheft  Officers  ai  a  luiliciars  in  their  kirgdcmc^  wcie  iv*  t/f>fw.  f# 
 created  and  elected  at  firft,  by  the  free  gcncrall  vo*cs  of  their  peoplcjfrcm  whem  a'ct  ee  rage  1 7,18. 
 they  received  all  their  Royali  Authentic,  havirg  (till  r.o  ether,  rcr  greater  lav  fill '9- 
 power  then  they  conferred  on  them,  (onclyforthcdefer.ee  cf  their  Laues,  perkns,'^1^^81 
 Liberties,  Lftatcs,and  the  Rcpubliqucs  welfare:)  which  they  may  regulate,  augment,^/**^1* 
 or  diminifli,  for  the  Common  good  as  they  fee  juft  caufe.  Therefore  doubtlefTc  thc<i  Uvy.  Hip  J. 
 people  who  thus  created  and  elected  their  Kings  at  fir(t,  did  likewifc  ccnflitute,  and  1-1.3. hionjfi 
 cled  all  publikc  Counccllors,  Officers,  Iudges,  Ministers  of  the  State,  giving  both  be-  Hal-  ^"'fl- 
 ing and  bounds  to  their  fcvcrall  offices  and  J  un  (dictions  by  publicke  Lawcs;  which  Ko^L'lt^f 
 is  mod  apparent  not  oncly  in  the  dRoman,c  Lacedemonian  and  other  Kingd<  w*\r,but  our  HiffL6  'bo- 
 ownctOyby  infinite  Alls  of  parliament  creating,  regulating  and  limiting  the  power  and  dm,  Ccwmon- 
 proceedings  not  oncly  of  our  Kings,  but  cf  their  Counfcllours,  Chauncellors,  Trca-  »«//M.  i«« 
 iurers,  Keepers  of  the  Great  Scale  and  privie  Scale,  high  Stewards,  Admiralls,  Mar-  3  °* 
 <halls,Maftcrs  ofthc  Horfc,Prcfldents  of  the  Marchcs,and  oi  York,  Maftcrs  and  other  \'*r  f  ■gjjfj' 
 Officers  of  the  Court  of  Wards,  Iudges,  and  Iufticcs  of  all  Courts,  all  kinds;  Sherifs,^.  acuTe- 
 Coroners,  Cuftomcrs,  Searchers,  Efchcators,  and  all  other  Tcmporall  or  Lcclcfiafii-  dtm.RcpuUi- 
 call  publickc  Officers  :  the  right  of  whole  ele&ions  remaining  originally  in  the  king-  (*i  &*< 
 dome, and  Parliament  rcprefenting  it,  was  never  yet  irrevocably  or  totally  transferred  p  f^ 
 bythemtothcKing,byanypublickeaclsthatIhavefeene:  and  therefore  when  they 
 fee  juft  caufe,  they  may  make  ufe  of  this  their  primitive  inherent  right  of  Hiccfion3 
 without  any  reall  incroachment  on  the  Kings  Prerogative* 
 
 Secondly,  I  have  already  proved,  that  the  fHcretochs,  Leiurenanrs  Genctall,  and         2 
 Sherifs  (as  likewifc  the  Confervators  of  the  Peace)  in  every  County  through  ihc  C°'k>'  tyK 
 Realrae,  were  anciently  clc&ed  oncly  by  the  Parliament  and  People,  not  the  Kb&*cbJuf% 
 ('though  they  had  the  cuftody,  power,  Command  of  the  whole  County,)  without  17 {.758, 
 any  impeachment  to  the  Prerogative  Royali-  why  then  may  not  thefc  other  pubheke  *^6. 
 Officers  of  the  cftatc  be  thus  nominated  and  chofen  by  the  Parliament  like  wile,  with- 
 out  any  / uft  exception  or  offence  -? 
 
 Thirdly ,  All  s  Coroners,  Ma/ors,  Sherifs,  Bayiifs,Aldcrmcn,Recorders  of  London         *; 
 
 Torkp%BrifioUttni  generally  of  allCities,Tovvnes,and  Burroughs  throughout  the  King-  b  CMfc-lfcft 
 
 dome  (which  have  the  chicfc  Government  of  thefc  Corporations^)  Vcrdcrersof  the,84-*-c6. 
 
 the  Parliament,  and  Rulers  in  the  Church,  were  anciently  chofen,  not  bythe  KingSra/fl/w.i.i, 
 
 cfi.f.49. 
 
 Brook  Corporations  Kjtchtn*f%  47.  48. 
 
m  %  The  Parliaments  Intereft  in^  and  Right  to  Nominate 
 
 — ^ 
 
 •■y  himfclfc-jbuto/iciyby  theQcrgicand  peopl?,  as  fundry  ^Trejidents  md*  Statutes 
 
 *iee  ami-  manifcft,  and  the  C°'ge  ^l^lers  atthis  day  for  the  Elc&ion  or  new  Bifliops,  more 
 Brit^GoL  then  intimate  :  and  all  this  without  the  leaft  violation  of  the  Kings  Pr erogstive  s 
 mfas£at.oi  w^y  t^icn  m2Y  not  chc  Par^ament  nominate  all  th  jic  publike  Officers  to  the  King  by 
 Bilhops  and  Parallell  Rzafon,  without  Ecdipfing  bis  Prerogative  ? 
 
 Ant.qmtics,  Fourthly,  TheKnigh's,  Citizens,  and  Burgeflcs  of  the  Kings  and  Kingdomes  grea- 
 Ell^/rwH^teft  Court  and  Counccll,  the  Parliament,  (thcMupreameft  Counfellors  and  Iudgcs 
 tfV%o  7Pi?44  of  all  others,  to  whom  all  other  Courts,  Counfellors,  Officers,  Iudgcs,  are  refponfiblc 
 97 .109.1*11  for  their  adion3,Iudgcments,advice;)havcalwayes  of  rtghtbcenc,and  yet  are  elccled 
 j  n.i  *  1. 1  $  x.  oncly  by  the  Free- holders  and  Commons  of  the  Realrae :  yea  all  the  members  of  the 
 *l4l?f-de  .f  Lords  houfc,thoughfommoncdthkher  by  the  Kings  Writ,  and  not  elected;  fit  there 
 Gefiu,vomJ,  oi  rjg|it  £nQt  0f  gjacc,  or  the  Kings  free  choyfej  by  the  fundamenrall  La wes  and  Coh- 
 ^.E.s.Par.  flitucions  of  the  Realme;  neither  can  the  King  by  his  abfolutc  Prerogative,  cleft  any 
 6«9.h.4.c8.  mg^jber  of  the  Commons  Houfe,  or  exclude  any  member  of  it,  or  Pcere  of  the  Up- 
 ii.R.X'ftnt.  pCr  Houfe  (whoby  vcrtuc  of  his  Peerage  ought  to  fit  there)  without  the  Houfes 
 2,c,1#  confents :  for  then,  if  he  might  elc&,ot  exclude  one,  he  might  iikcwife  chufeand  fe- 
 
 fcxjE.j.c  3- elude  more,  yea  mod  of  them,  by  like  reafon,  at  his  plcafurc;  and  fo  fubvert  the  fub- 
 4.5 ; Stamford  j  .^s  priviiC(jgCs,and  by  a  Packed  Patliament  impofc  what  La  wes  or  Taxes  he  would1 
 Coins  f  1.  on  his  people,  to  their  fla very  and  ruine.  Which  frcedome  of  the  fubje.^s  Eleclion,and! 
 to  10.  kifial  all  Lords  Summons  is  foeflentiall  and  ncccflary  to  Parliaments,  that  the  Parliament* 
 Pari  and  the  of  a  I  R,  i.itrVeftminfiery*K\doi\%.  H.  6  at  Coventry,  were  by  the  Parliaments  of 
 Statutstherc  JtHm  4,  c-  3 .  4.  N°.  a  I  ♦  1 2  .and  39.  H.  6.  c.  I.  adjudged  and  declared  to  be  vojd  axdn9 
 cited.  Parliaments  at  afly  bat  unlawful  yyea  devilUJb  Ajfembliesy  and  Ordinances,  for  this  very 
 
 k  Sttmfo'd     Reafon-  because  in  the  firfi  efthim>  the  Knights  were  not  duly  e/etled  by  the  Commons 
 lene  diParli-  *CC4>r^  >g t0  Law  and  cuft^m^  but  bj  th:  Kings  pleafure^nd  the  Lrrds  enely  of  the  Kivgz 
 amentum,       }*Yth  (co  'traTJ  t0  rt$}H  an(i'  r€ *fon)fommon. d tott :  (by  meancs  whereof  Will,theteic 
 cmbdens      ruled  f  >r  reafon,  men  alive  were  c  ndemned  without  examination  j  men  dead  and  put 
 Bric£„i7$-    in  execution  by  privie  murthcr,  were  ad  jidged  openly  to  dye,  orbcrs  banifhed  with- 
 I7^,fli.r^outanlA'er,anEarIearraigned,notfufT  red  to  plead  his  pardon;  Sec  )  and  becaufethc 
 ^*"^t£^~  Utter  ot  them  by  m  divers  Jedi  hxs  evVl-dfpofd  per fom  about  the  Ki?gt  was  unduly, 
 lie  i.z.Ho  '  femmmed,  onely  to  deftroy  fomcof  the  great  Nobles,  faithful/  and  Lawfull  Lords,  anz 
 linfbed  &  Vo-  other  faithful!  leige  people  of  the  Reahne  out  of  hat?  eianimalice,  which  th*  faydfediciotfi, 
 til  Defcriptt-  pcrjQ  s  ef  l9ngtlme  had  agamfl  them :  and  a  jeat  p  -rt  of  the  Knigh'sfor  div  rs  CouH- 
 \lV°\   V?"     ties  cf  ^Je ^e^me t^ndmany  Bvrgejfes andCuiziensjor  divers  Burroughs  and  Cities  ap~ 
 \7i?Chion.     Turing  m  the  famsyMerfnamed,  returned,  and  accepted  j  fome  of them  -mthou'  due  ana 
 Q&trziittdj  f  **  $k  It  on%  {cm  ?  of  them  without  any  E/eftio*  by  meancs  and  labour  of  the  faydfedniom^ 
 1,17.  118.       perfons^  agawft  the  courfe  of  the  Lawes,  c&d  Libe>tifj  of  the  Commons  of  the  Realme 
 Mifljb  Vift*  Tvhereb;  many  great  Ieopardies,Enormities,andInconvefliences,wtl-nigh  to  the  ruine. 
 Coitel  Inflit  ^cCa>!» anc^  (t,ovcrfion  of  the  Realme*  cnfued.lt  then  the  grand  Counccllors  and  Judge? 
 en  Zttf.109  c'-  this  hig^eft  Court  are  zt\d  ought  to  be  clewed  onely^by  theComm  ^ns,not  the  King 
 n^a9.Kc  bcCiu(etKvaretoconfult,andmakeLawes  brthekingdomts  welfare,  fafety, go- 
 port,  lipifl  ,    vernment,  in  vvhjchtbc  Realme  is  more  concerned  then  the  King;  and  BiflopsyAbbotJ, 
 ^u'?0"      *«dTriorsLkewifet  whiles  members  of  the  Lords  Hcufe  of  Parliament  we  chafe*  by 
 Johns  Speech  ;^'  Chrgie,  People,  Comnons  not  theKing  1  by  femblable,  or  better  reafon,  the  wholr 
 agilii^iS&ft,  ^tace  in  Pari  ament  when  tocy  fee/uft  c^ufe,  imy  claimc  the  nomination  of  all  pub- 
 moncy.p.^,  likcPiBcers  of  the  K  ngdome,  fbcingas  much  or  morcthe  Kingdomes  Officers  a« 
 
 Speed. p  761. 
 
 7<5 h Htlls.QhtQ*  f, io, u.  1  j. Fabj&.im 7-p>  173,  to  175,  g  35^.  H*6.c,\UaU Ck.on,  55.H. ^.Z.  iS2; <jrafton\ 
 
 AM 
 
and  Elctf  Privie  Cdwcdlours,  State  Officers,  wd  fudges .  4  $ 
 
 thcKings,andasnrefponfiblcto  rbc  Parliament  as  to  the  King,  for  their  miftfemea-.      fi  >^S/& ' 
 nors  in  their  places)  without  any  diminution  of  the  Kings  Prerogative,  1.4- *. 
 
 Fiftly,thc  Parliament  conlillmgof  the  moll  °  Honorable,  Wi'e,  Grave,  and  dif-  «>Sce  in  c  Fre- 
 er ecu  Lt  per  Ions  of  all  parts  ot  the Kingdome.arc  bat  able clcarcly  and  impartially  to  f*«s  ot  moll 
 Iudgc,  who  arc  the  fitted,  ableil  .faichfulleft,  mod  dclcrving  men  to  manage  all  theft  *ncif.m  * * 
 pubiikc  Offices  for  the  Kings,  the  Kingdomea  honour  and  advantage,  better  then  ei-  ™j*"5ta*.*' 
 thcr  the  King  himtelfc,  his  Cabinet-Couniell,  or  any  unconfi  Jcrable  Pnvadocs,  Cour-  H  ^m6  °&*  7\ 
 tiers,  Favorites;  (who  now  ulually  recommend  men  to  theic  places  more  for  their rcigncs,Cmw- 
 owne  private  ends  and  intcrc(ts,thcn  the  Kings  or  Kingdomcs  benefit;)  therefore  itp^s  \mrif,  h 
 is  but  j  ull  and  equitable  that  they  lliould  have  the  principall  nomination  and  recom-  C9Zl?*(u'ta 
 mcndatiooor  them  to  the  King,  rather  than  any  others  whomfocver;  and  that  the  ^  EUaiao 
 King  (hould  rather  confide  hercinto  their  unbiallcdindgemcntSjthcn  to  his moft  pe-  if;*.j.c$. 
 wcrfull  trufticft  Minions;  who  would  out  the  Parliament  of  this  jaft  priviledgc,  that  4.5 • 
 they  might  unjiiftly  engroffe  it  to  themfelvcs;  and  none  might  mount  to  any  places 
 of  pubiikc  truft,  but  by  their  dearc-purchafed  private  Recommendations;  the  canfeof 
 £0  many  unworthy,  untrufty,  corrupt  pubiickc  Officers  and  Iudgcs  of  late  times,  who 
 have  fas  p  much  as  in  them  lay)  endeavoured  to  enflavr  both  us  and  our  pofterities  by ,  |ee  nr#  s< 
 pubiikc  illcgall  Refolucions  againft  their  oathes  and  Confcicnces.  ^0hvs  fpeech 
 
 Sixthly,  Though  our  Kings  have  uliially  enjoyed  the  choyce  of  Iudges  and  State  concerning 
 Officers,  efpccially  out  of  Parliament  time;  yet  this  hath  beene  rather  by  thcPariia-^P'1110™/- 
 mentsand  Peoples  permim^ns^hen  conceptions,  and  perchance  by  ufurpation,asap-     4°* 
 pcarcsby  Sherifcsand  Lieutenants  of  Counties  Elections,  now  claimed  by  the  King, 
 though  anciently  the  Subjects  right,  as  I  have  proved.  And  if  fo,  a  Title  gained  onely 
 by  Connivance,  or  Vfurpation,  can  be  no  good  plea  in  Barrc  againft  the  Parliaments 
 Intereft,  when  there  is caufc  to  claimc  it :  however;  the  Kings  bed  Title  to  elect 
 thefe  publike  Officers,  is  onely  by  an  ancient  truft  repofcd  in  his  Fredeceflbrs  and  him, 
 by  the  Parliament  andkingdome,  with  this  tacit  condition  in  Law  (which  *  Littleton 
 himfelfc  rcfolvcs  is  annexed  to  all  Officers  of  truft  wbatfoevcrjebat  he  (hall  well  and  4  chapter  o£ 
 lawfully  difchargethis  truft,  in  electing  fuch  CounicllcrSjOfhccrs,  and  Iudgcs  as  fliall  Eftatcsupon 
 be  faithfull  to  rhc  Republkke  and  promote  the  fubjects  good  and  lafety.  If  then  Condition, 
 the  King  at  any  time  fhall  breakc  or  pervert  this  trull,  by  electing  fuch  great  Counfel- /"*#•*  78  $79- 
 lors,  Officers,  and  Iudges  as  (hill  willingly  betray  his  Subjects  Liberties,  Properties,  l*if?^*9 
 fubvcrtall  Lawcs,  foment  and  profecutc  many  deiperatc  opprcfling  Pro;  :cts  to  rumc   "  'c*  '*7 
 or  inthrall  the  Kingdoms  under  mins  RcIigion,ana!  the  like  (as  many  fuch  have  brene 
 advanced  of  late  ycarcs;)  no  doubt  the  Parliament  in  fuch  cafes  as  thefe,  may  ;uftiy  re- 
 gulate, or  rcfume  that  truft  fofarre  into  their  ownc  bands,  as  to  recommend  able, 
 faithfull  perfons  to  thefe  publike  places,  for  the  future,  without  any  injury  to  the 
 Kings  Authority.   It  was  a  ft  range  opir  ion  c  r  F.u4)  Syercert  (great  favor  teas  to  King 
 Edward  the  fecondj  which  they  put  in;o  1  Bill  in  writing  n  That  homage  a*dthe*Oatb' Sce  E«to* 
 of  Allegiance  u  more  by  reafon  of  the  €T9W»e+  th:n  by  rcafo*  of  tb>  per  [on  of  th:  King,  £ 
 andis  more  bou  *d  to  the  Crowne  then  to  the  per/on;  which  appeares>  hcattfe  that  b  pre  t  ■  e  .r^'Lfd 
 decent  of  the  frowHe%no  Allegiance  is  due  to  the  perfon.  Therefore  put  cafe  th?  Kino  w  II  ta.  par:.  2.  r. 
 not  dtfeharge  his  trufc  well yaccor ding  to  reafon  in  ri  ht  of  hi*  Crcwne,   hi*  Snbjecls  are  VK.U.  Coilg 
 bonni  by  the  Oath  made  to  tie  Crowoe,  to  reforme  the  King  and  fiats  of  tht  Crowne J'7-Calviri 
 becaufeelfe  they  could  not  performe  their  Oath.How  it  may  flay  thcy)bedcmandcd,how 4W-IU 
 the  Kingought  to  be  reformed  ?  By  fuiteof  Law,,  or  by  afperity  ?  By  fuite  at  Law, 
 a  man  can  have  no  rcdrcfTe  at  all,  for  a  roan  can  have  no  ludge,  but  thofc  who  are  cf 
 theKingsparty  :  In  whichcafe,  if  the  wtflof  the  Kir,g  be  not  accoraing  to  rwrfon, 
 
 T  a  he 
 
*.a  The  Parliaments- ihtereftw,  mi  BAgkttf  Mmindti 
 
 ill 
 
 5  -  he  fhallhavc  nothing  but crrour  maintained  and  confirmed.  Therefore  ic  bchovct 
 
 br  fiving  the  Oath,  when  the  King  will  not  retlrefe  a  thing,  and  remove  \v  hat  is  c 
 forth?  ComiTionpeople,anJ  prcj  udicall  to  the  Crownr,  that  the  thini*  ought  to 
 reformed  by  force,  becaufc  the  King  is  bcundby  his  oath  to  govcrne  his  Lieges  and 
 people,  and  his  Lciges  arc  bound  to  govcrne  inayde  of  him,  and  in  default  of  him. 
 Whereupon,  thefc  Spencirs}of their  owne  private  Authority, took^e  upon  them  by  V fit-pa* 
 tion  the  file  government  both  of  Ki*g  and  Kingdome Offering  nme  of  the  Peeres  of  the 
 Realms  or  the  Kings  good  CoHtfellors,appoin'edby  the  Statejo  com?  neere  him  to  give  him- 
 good  connfeHy  not  permitting  the  Kingfo  much  as  to  fpeake  to  them  but  in  their  p^efenee. 
 But  let  this  their  opinion  and  private  unUwfuLl  pradife,  be  what  ic  will;  yet  no  doubt 
 it  is  law  fall  for  the  whole  State  in  Parliament,  to  take  courfe,  that  this  part  of  the 
 Kings  RoyaUtnrt  (thcchufmgofgoodpublikcCounfcllors,  Officers,  Iudges,  which, 
 much conccrncs  the  Republike)bc  faithfully  difchargcd,by  recommending  fuch  per. 
 fons  of  quality,  inregucy,  and  ability  to  all  publike  places  of  trult  and  judicature,  as 
 both  King  and  Kingdome  may  confide  in;  which  will  be  fo  farre  from  deprcfling, 
 that  it  will  infinitely  advance  both  the  Kings  Honour,  Iufticc,  profit,  and  the  King 
 domesto. 
 
 Seventhly  >It  is  undeniable,  tbarth  eCdunfcllors,  Iudges,  &  Officers  of  thcKingdomt, 
 arc  as  well  the  KLngdomes> Councilors,  Officers,  and  Iudges  as  the  Kings,  yea  more 
 the  Kiiigdoflies  than  the  Kings,bccaufe  the  Kings  but  forthe  Kingdomes  fcrviccand 
 W  s"f e  H^1"  benefit*  This  is  evident  by  the  Statute  of  r  4 .  E.  3  ♦  c.  5 ;  which  enafts j  that  as  well  the 
 M*t  IVeJl?''  Ckiuncellor.Treafitrer,  Keeper  of '-the  Privi*  Seale^thefufticesof  thfone  Bench  andoj 
 Taltanpuiyc.  the  other ythe  Chauniellour  ani  'Batons  of  the -Efchequ  r ',  as.  Jtsftias  afjigned,  and  aU\ 
 Graf*  Speed,   they  that doe  meddle  mthefai  I  p'aces  unier  them ,  flail make  anOath^wll  and  lawfullyl 
 HoLinfhet™d.t9  SERVE  ths  Kmg  and  HIS  PEOPLE,  in  THEIR  OFFICES:  which  Oath] 
 *fliFof T<  was  afterward  enlarged  by  1 5*  E-  3.  c.  3 . 1 8.  JE.  3.  <SW  3 .  20.  £.  $  .c  1 .2.  3,1  R, 
 she  t  and       2„c.:  2  .(wearing  and  injoyning  them  :  To  doe  even  Lawy  ani  ex  cation  of  riqh:  to  all] 
 -Goodwin'm     the 'Sub  JQ&S  rich  and  poore^  without  having  refpetlio  any  per fo^^   &c,  <±An£  tf  any  t?j 
 thisftif&Pj*.    themdoe,  or  com- 'agiinjl [  avy  point  of the  g'es.t  Charter  ^or  other  St  a' pes  or  the  Lai^z 
 ™fc*    .    ,.    of  the  Land,  by  the  Statute  of  i  5.  E .  3.C.  3. ^jW/ an fwer  to  the- Parliament,  <tf^/,j 
 '  ^X]i  f'Graf, ua*  *^€  K*ngs  fat*,M  V  the  fiiite  of  the  pa*ty%  Seeing  then  they  arc  as  well  the  Krng-j 
 f^Ed) .'.!.  a»*4  doxes  Councilors,  Officers,  Iudges,  as  the  Kings,  and  accountable  refponfible  foi 
 Coohjsinftit*  theiurufdsmeanors  in  their  phecs,  as- well  to  the  Parliament  and  Kingdome  as  to  th< 
 G^tittieton.-  Kmg,grcat-.rcafon  is  there,  that  the  Parliament,  Kingdoms  fefpecially  when  they  fc< 
 I.j|lf  a. ,      jaft  caufej  flnuld  have  a  voyce  in  their  ele<ftions,as  well  as  the  King.  The  rather  ,bc 
 *iiu*MtisDc-  cau^c  wncn-°urK'ngsnaveDC5n*  negligent  in  punifriing  cvill  Councellours,  Officers] 
 fmfy'JP'Jf*  Judges,  our  Parliaments  out  of  their  care  of  the  pubiike  good,  have  in  mod  King 
 ¥&\a&i Htf#* raigiiC8|  both  ju/tiy- queftioned.  arraigned,  difplaccd,  and  fometimes  adjudged  t< 
 G/aU-SpvJ  deaththcKingsgrc.tc{tCouncellors,Oniccrs,  and  Judges  for  their  mifdemeanors 
 in  tUl'fc  of  vvitneffe  the  diTphcing  &  banifafog  of  WiU'mm  *  Longsham  Bifbop  ofEly^Lordchann 
 ^M  WicWi  ceU**r>chKfefaftk\and  Regent  tf  I  his  Reigneifift Si>-  Tho\ 
 
 |pr  :ck*gainft  m**  Way  land  chief;  J  h  face  of  the  Common  pleas,  attainted  of  Tel  <ny ,  and  banifle-i  fo  * 
 iha^cruy  .  bribery  by  ^Parliament ,  1.8;  £d.  i;  the  leverall  bani(hmen-s-of  Piers  Qavefioft  an« 
 
 Fah.  Graf,     l ^yctiucs; uic  rcmavaii ana  condemnation oir  bic  William  1  norpt 
 
 Hk>i7h$pecd    Ki^s  B:n<chrfor  Bibcrv,  25    E,  3.  ths  fincing  and  difplacing  of  %  OHichael  de  A 
 
 IlifeWfc  .lykLoriCbiiAjcllQ^  AkxwUt •  Ne sell  /and  divers  other  great  GiHccrs,  4ind  Prrvii; 
 
-•  -•  — - 
 
 and  Elect  Privie  Conn  filler sy  State  officers,  And  Judges.  4  5. 
 
 3 
 0x9 
 
 Counfellors  f  with  the  condemning,  executing,   and  banifhing  tATtefilim^  BeU  -^-j  - 
 
 \nap>  aud  other  Iudges,  in  10    &  1 1 .  Rich.  2.  by  Parliament,  for  ill  Counfell,  and     *jf£8'\' * 
 giving  their  opinions  at  Nettingbdmagn  It  Lavv.Oi ' h  EmpfvntDttd/ej,  *nd  that  grand  Qf^msL 
 Card  mall  ;rJj,i>/^/.\^r//0r,  and  the  Kings  cbicfeft  Hvorite  and  Counfellour,in  Martin  InH. 
 Henry  the  eight  his  Ragnc  :  Of  the  Duke  ot  Sommerf  t  Lord  Trott  Q$rs  and  his  Bro-  $.&  Ed%6, 
 thcr^Lord  AdmiralLtor  iuppofedTrcafonsin  Edward  the  6xl\  his  Raignc  •  Of  Sir  ;  -*w*4 
 Eravcis  Bacon  Lord  Keeper, and  Cranficld  Lord  Trcafurcr,  in  King  Urns  his  latter  ^  ^  P^ 
 dayes  ;  with  infinite  other  prclidcnts  of  former  and  latter  ages  \  and  one  more  r>  \J, \\£   'HV 
 msrkable  then  all  the  reft  :  '  InthcYcarc  1371.   (the  45-  of  King  Edward  the  $K  rilg,  rpo:  * 
 his  RaigncJ  and  fomewhat  before,  the  Prelates  and  Clergy- men  had  ingrofled  moft  d\&*.Kcug.$, 
 
 Iter  of  the  Rolles,  Iokn  Troy  Treafurer  ot  Ireland,  Robert  foldwU  Clerkc  cf  the 
 Kings  Houfhold,  William  Bugbrig  generall  Receiver  of  the  Dutchy  ofLancaftcr, 
 Willi *m  Ajlbey  Chancellor  of  the  Exchequer,  John  Nevrneham^d  Wi'ticm  ds  Mulfo 
 Chamberlaines  of  the  Exchequer,  and  keepers  of  the  Kings  Trcaiuryand  Icwes;  , 
 lohmRo  ceby  Clcrkc  and  Comptroller  of  the  Kings  works  and  Buildings,  R«ger  Barm- 
 trxr$b>tx\d  7,  Pricfts  more,  Clcrkcs  of  the  Kings  Chancery,  %ickard  fie  ft  er field  the 
 Kings  under-Treafurcr,  Thomas  B> antingham  Trcafurcr  of  G  nines  .Merk*,  and  Calis-, 
 All  thefc  Clergieracn  'who  abounded  with  pluralities  of  rich  Spiritual!  Livings, 
 though  they  Monopolized  all  thefe  temporall  Offices ;  )■  in  the  Parliament  of  45 .  Ed- 
 ward the  5a.  by  a  Petition  and  Complaint  ef  the  Lo'dss  VHft  dif paced  at  ence  f/o#  thefc 
 offices  ("no  waies  futablc  with  their  functions,)  an#  Laymen  fubflitutedm  their  places:  1 
 And  a  like  k  prcfident  I  find  about  3.  Henr.  ^Inhere  the  fiergy  Lord  Chancdhr fTrcd~  *&£?*' ' 
 fu/er,  rrith  other  Officers  were  removed  ^t.pen  a  Petition  again fi  them ^  and  their  Offices^'   rti'f2%^ 
 committed  toT'mporall men^ham  they  better  befeemed.  Jf  then  the  Parliament  in  all 
 Ages  hath  thus  dilplaccd  and  cenf ured  the  grcatcft  Counf ellours ,  State- O m'cers,Iudg- 
 es  for  their  mifekmeanours,  ill  Counfcll,  infufificiency,  and  untitnefle  for  theie  place?, 
 (contrary  to  that  twice  condemned  fal£copmion,of  the  over-awed  Iudgcsat/W^^-  - 
 him'm  1 1.  7^  a.  *  That  the  Lords  and  Common*  might  not  with'  at  the  KmgiTsnH  /».  *  ^  1     t 
 peach  the  Kings  Officers  and  Juflices  upon  their  Off  nces  in  Parliaments  and  ket';at  d.d  Graft, 
 contr/trywas  to  be  pttnificcLai  a  Traitor  3)  and  that  upon  this  very  ground^that  they  arc  5*3  ;; 
 the  Kingdomcs  Counicllors,  Ofticers  and  Juftices,  3s  well  as  the  Kings,  and  fo  refpon-  r^i  SciO    • 
 fibleto  the  Parliament  and  Kingdomc  for  their  faults.    I  feeno  caufe  why  theymay  F'145,147* 
 not  by  like  reafon  and  authority,  nominate  and  place  better  Oncers,  Counfcliours, 
 Iudszes  ir\  their  deeds,  or  recommend  fuch  to  the  King,  when  and  where  they  fee  jog 
 caufe. 
 
 Eightly,  *  John  Boat*  a  grand  Polititian,  frucly  determines  and  prooves  at  large;  \ 
 Thsr  it  isnottht  right  ofektlicn  of  great  Officers,  which  dedareth  the  right  of  Sove-:  J^1,T  ' 
 r+igvtji  beca'fe  tb'4  oft  is >  andmiy  be  in  the  Sftbj<cts%bxt  the  Prices  approbation,  ard  ca  ,0  p.jf/.*- 
 confi'mxtiontf  them  when  they  are choftn,  -without  which  t^ey  have  no pow  r  at  a;l.  It'ilfc 
 can  then  be  no  usurpation  at  ail  in  the  Parliament  upon  the  Kings  Prerogative,  to  no-  - 
 minatc  or  eleft  his  Counfcllors,  great  Oncers,  and  Judges,  or  recommend  meet  pcr~ 
 ions  to  him  (  which  is  all  they  require )  fo  lon^as  they  leave  him  a  Power  to  approve   - 
 and  ratifie  them  by  Writs  or  fpceiall  Patents,  in  cafchec  cannot  juftly  except  againft,^  ^  ^ 
 them ;  Of  which  power  they  never  attempted  to  divert  his  Majcftic,  though  hec-  be/w»^'^«  * ■■',* 
 nQabjoloutCjbutoncly  apolitikcKing,  »  asJ^iirp^cmoDUrates  U^*HK 
 
 S  3  -       '    *  ^iruhh../ 
 
46  7 he  Parliaments  Inter efi  tn^  and  Right  to  Nominate 
 
 .  y  -  Ninthly,  It  hath  becnc,  and  yet  is  ufuall  in  moll  Forraigne  Ki  ;gdomos,  for  the  Sc- 
 
 *  natc  and  people  to  cleft  their  publike  Officers  and  Magt(irates:  \\  ichout  any  diminu- 
 
 Bofin  cm.  tion  to  their  Kings  Prerogative.  In  "the  %oman  State  ,zhc  people  and  Senate  not  onc- 
 waithj.i  ca.  ly  conftantiy  elette  d  their  Kings  an  i  Emperours,  but  all  their  oihir  g^a^d publike  Of- 
 10  kLiuy  bi(h  ficers  a*d  Magiftrates,  {as  C°*f^U  Tribunes,  'Dtftttors,  Senators,  Decemviri,  end 
 /.i.x.g.4.7*  the  like)  WCTceletled  by  tbe people^  who pre/cribed  them  Lawes,  Oathfs,  ar.dhidp  rv- 
 VtovyfmU  ertQ  qUeftton^  t0  yUnifljy  revoive  and  cenfurethem  when  they  offended,  o  $0/0H  an(j 
 fci/fz  \  See "  tAriftotlc,  witk  other  great  Politicians,  debating  this  Qiieftion  ;  Whether  thepwer 
 the  Appcn-  ef  electing  and  cenfunng  the  Magiftrates  ^and  chief e  Officers  ought  to  re  fide  in  the  people } 
 &*■-  Conclude  affirmatively,  That  it  u  mojt  veceffary  and  convenient ,  this  power  Jboula  reft 
 
 °  At  ft  Polit.  in  tjje  peQpie  .  Becaufeelfe  the  people  fkall  become  both  the  fervants  and  enemies  of  their 
 i.i.c.10.  ♦  j«  J>rinces  ,if  they  have  not  this  power  i  and  btcmfe  all  the  people  together  are  more  confide* 
 PHizrovym.  rable,  and  better  able  to  judge  of  the  goodnejfe  and  fitnejfe  of  Magi  ft rates  for  them% 
 BUncaAragO"  then  any  few  feletl  particular  men,  which  are  more  apt  to  be fedncednith  by-ends, then  a 
 
 714*.  747* to  Spaine, their  ancient  Suparbienfe  Forum ,  their  Iuftitia  Aragonia,  and  Rid  homines^ 
 
 7*  *«  (who  arc  their  frincipaU Magiftrates,  Great  Counfell  of  State,  and  Privie  CounftU 
 
 lours  t9  their  King,  both  inWarre  and  Teace  ;  having  power  over  their  Kings  them* 
 
 /elves,  to  e  x  amine  and  c  en  fur e  all  their  ^AUions,anirtm^ve  them  if  there  be  caufe  ;  ) 
 
 with  all  they  Members,  K  flights,  and  Burgeffcs,  cfthnr  Parliaments  ;  (  held  formcr- 
 
 i  Muvft.C<f*  ly  once  a  ycare,  but  now  once  every  fecond  yeare,by  fixed  Lawcs ;)  anciently  were] 
 
 f.|.*.zi«a}«    aid  t  thy  day  are  eletledby  th?  People, and  not  the  King,    In  °l  the  Germane  Empire, 
 
 <?c'  the  Slettorjhip,  Ckancettourfiip.  and  all  great  Offices  of  State,  are  hereditary  and  fuc- 
 
 feffive.not  chofen  by  the  Emperor:  and  the  greatejt  part  of  inferior  Magiftrates  &re  ele. 
 
 t  Bodin.  Com  fad  fa  moft  Provinces  and  Cities  by  the  people.    In  r  Hungary,  the  great  Palatine,  th< 
 
 %i!h'lT(lkt- cnie*c^  0^cer  °* tna:  Kingdomc,  nextto  theKing  himielfe,  who  at  home  detcrtni 
 
 tufwde  rebus  necn  anc*  jadgeth  all  differences  betweencthe  King  and  Subjects,  according  to  th< 
 
 Vngir  HijU.  Lawesof  that  Realm?  (eft  emm  apud  P anno  nio  sin  ttfu,  Regtm  fi  quid  contra  Legen 
 
 6«P  8  4  8  5  ♦     fecerit,  legibw  fubuci)  and  during  the  interregnum,  hath  right  to  (ummon  Parliaments 
 
 Amo^s  '7«    and  gcnerall  affemblies  of  the  Eiiatcs  ;  yea,  the  chiefe  hand  and  power  in  cledftnf 
 
 *  Bodin.l.*.  anew  King;  and  the  Sovcraigne  command  in  the  Warr.es,  Ad-outfonuspunire.ben^ 
 
 e«ioandthe  de  republic  a  mentis  pr&mia  difcernere,fundofque  qui  20.  vel  50.  agricolarum  capa- 
 
 gcnerall  Hi-  ces  j~Uftt  j^r^  hereditaria  nomine  conferre  pojfit,  &c.  ("as  Nich<l,ius  l(thuanfus  writes 
 
 via       V*~    *s  clec^edby  thcStates  and  Parliament  of  Hungary,  not  the  King,  *  And  in  this  mam 
 
 «  See  Munfier  ner  Bethrius  was  elected  Palatine  in  a  full  aflembly  of  the  States,  Semtus^  Nobilitas 
 
 FoMim,  0- tif%  confenfu,  AnnoDom  1 5 17,  and  the  Vayuod?  put  by,  In*  Venice,  the  Senate  arnt 
 
 taus  Mac-     people  chufc  all  the  great  publikc  Officcrs^ot  the  Duke.  In  *  Polandf  where  the  Kinj! 
 
 nus,  ando-    ^  cjcc^j|vc^  by  tne  Law  of  Sigifmond  Auguft us,  all  the  Magistrates  *f  every  Couxtr 
 
 \  gojfai.  1  tC-  werc  t0  be  chofen,  by  the  particular  States  of  t  very  Go  vernment,  *  and  fo  they  arc  novi 
 
 \*.cajjiodorAnrDe*marke,iin(\  Sweden,  and  Bohemia,  the  Kings  themfclves  are  Elective  by  tb 
 
 i.i.Epift.6.    States  and  people,  and  molt  of  their  publike  Officers  too.    When  c  Rome  and  It*i 
 
 "Mat.  Weft.  wcre  un(jcr  the  qothijb  Kings,  they  ftillclc&cd  their  publike  Officers,  as  is  evidci 
 
 39<!^&.  by  King  Theocljrc^  L«ter  of  approbation  of  their  Election,  in  thefe  Words,  Ot 
 
 H$^iK£l.p4 ,  confent,  %^verend  Fathers,  doth  accompany  your  judgement i    In  «  Scotland,  Ann 
 
 j&.  cr  Tpo-   I  »p  5 .  the  Scots  in  King  lohn  Bay  Hols  Raigne,  Confidcriag  his  (implicitie  and  unap 
 
 $gr**}M?<    neffe,  cleftcd  them  1 2«  Pecres,  after  the  manner  of  France ;  (to  wit )  <*.  Bilhops ,  4 
 
 JEarlc 
 
and  Elett  Prtvie  Ceunfellors,  State  officers,  and  Judges.  47 
 
 Earlcs,and4.  Lords,  by  whofc  counfcll  the  King  ought  to  Govcrnc  the  Rcalmc, 
 and  by  whole  ordination  all  the  affaires  of  the  Kingdome  fhould  be  directed  •  which 
 was  principally  done  in  affront  of  King  Edward  rhc  rirft,  by  whom  thb  lohn  was  made 
 Kingof  Scotlwi,  in  fomc  fort  againft  the  .SVw  good  l^ing;  fomc  of  rhem  fecrctly 
 raurmiirirgagamftit.    In  France  it  felfc,  where  the  King  (  as  x  fomc  thinkc,  and    _  . 
 write,  u  an  abfoltttc  Monarch,)  the  grcatcft  publicke  Officers  anciently,  have  fome-  /.1V5  c^ 
 times  bcencEle&ed  by  the  Three  Eitares  of  Parliamenr.    y  Anno  1  253 .  The  States  %nxui  caul. 
 of  France,  Elc&ed  the  Earlc  of  Leycefter  their  Grand  ScnefchtH,  and  chiefs  Counfel-  gim&munfo 
 fourof  Sta'e,  to  advifc  them,  and  their  defolate  cftate,  whattodoc.    *  InthcYearc  t0"/^  24. 
 I  324.    Arthur  Duke  of  Brit  nine  was  chofen  ConPa^eof  E  ranee,  by  the  voice  of  fll '  *Iatb*PaTit 
 the  'Teeres,  of  the  Great  Counfell,  and  Parliament  •  and  thereupon  was  admitted  to  f  BlJ'n  [  T 
 :hat  Grard  Office.    a  In  the  Ycare  1 35  7.  the  7rh.  of  King  John  of  France,  the  Archbi-  c.  1  o. 
 •hop  of  /£<?**,  Chanccllour  of  France y  Sir  Simon  de  Bury,  chiefe  Counfellour  of  the  ■  Fabian  pat 
 v<ing,andof  the  Parliamenr,  Sir  %obert  de  Lorizje,  Chamberlainc  to  the  King,  Sir  7-P  l8l'» 
 Nicholas  Brake,  matter  of  the  Kings  Pallace,  Eguerrain,  Burgcs  of  Paris,  and   Vn-  J9°* 
 Jcr-Treafurcr  of  France,  John  Pnefi,  Soveraigne-Mafter  of  the  Money,  and  Matter 
 :>fthc  Accounts  of  the  King,  and  lohn  Chau*cont  Trcafurer  of  the  Kings  Warrcs, 
 wrcrc  all  complained  of 'by  the  Three  Efa'esof  \\2XHX%affiembledin  Parliamtnt,  formif- 
 Tjii.iing  the  King  and Realm:,  their  goods  con  fife  a  ted  to  th-  King,   themfelvrs  n moved 
 from  thrft  Offices,  an  J  others  clefled  in  their  places  by  the  States.    In  b  the  Yearc  140^  \  Bodin.l.  1. 
 :>y  2  Law  made  in  the  Parliament  at  Pan/,  it  was  Decreed,  That  the  Officers  of  th  <mo. 
 High  Court  of  P arliament  fbould  be  made  by  the  Parliaments  E  lellion^aid  thofe  then  va» 
 :ant  rrerefo;  which  Law  was  againe revived  by  King  Lew's  the  1 1th.  in  the  Yearc 
 [46**.    And  after  him,  in  the  time  of  Charles  the  8th.  not  onely  the  cPrefider>ts,  the 
 Kings  CowfeRors  and  Advocates  were  made  by  elccliop,  but  even  the  Kings  Attumey 
 jtnerall,  fthc  onely  man  of  all  the  body  of  the  Court,  that  ovveth  not  Oath  but  to 
 King  onely  J  vas  chofen  by  the  f*ffrages  of the  ffour  t,  to  the  Ye. ire  1496.  though  their 
 betters  of  Provifion  and  confirmation  of  their  Election  then  were,  and  yet  ate  al- 
 rrtntrdbythe  King,    About  the  c  Yeare  1  a,8o»  the  Earle  cf  Flings  exa&ing 
 icw  Cuftomcs  and  Taxes  from  his  Subjects,  contrary  to  their  Liberties,  they  tlv.reup-  *  ft'atfr'.h/}. 
 m  expelled  him.  with  all  his  Family  and  Caunfe  tiers' out  of  their  Countrey  ,  And  refu-  P  •**  5 .  ll6. 
 ed  upon  anytcrraes  to  fubmittohis  Government,  unleffie  hte  w*uld  remove  all  his  Fahian-  Paf:- 
 vtl I  Counfellour s   from  him,     and  deliver  tl*em  into    their  hands  to  bee  p'tni(hed  %7'?*f'l} ? 
 St  rccipere   SOLVM     V  E  L  IT     CONS1LIARIOS    EX     COM- 
 MV  N  IS    W  LGl    D  ECRETO,  and  would  receive  fuch  Counfellour  s  onelj 
 k  his  people  lycemm^n decree  Pionld  affignehtm  \  which  he  was  cov [trained,  fore  againft 
 ■Ulyto  e ndt fiend  too ,ere  they  wru/drrfiore  him.  Since  then  the  election  of  the  Loun- 
 eUonrs,  Magi(ttatcs,Iudges,and  PrimeOfficcrs  of  State  in  moft  other  Kingdomcs3 
 iavebeenc  thus  clcded  by  the  people  and  Parliaments  without  any  encroachments 
 ipon  their  K'ngs  jutt  Regalities ;  Why  our  Parliament  now  may  not  claimc  and  cn- 
 oy  the  Ifre  Priviledge,  without  any  impeachment  of  the  Kings  juft  Prerogative  ? 
 ranfeends  my  under  (landing  to  conceive. 
 
 Finally,  our  ownc  Parliaments  in  mod  Kings  Raignes,  have  both  claimed  and  en- 
 oyed  this  power  of  Electing  Privic  Counfellours,  Chancellors,  Treafurcrs,  Iudges, 
 nd  other  great  Officers  of  State,and  created  fome  new  Officers  of  farrc  higher  qualii- 
 ie^and  power  (to  governc  both  King  and  Kingdome)then  any  the  Parliament  dehres, 
 rare  in  truth  fitting  for  thcrri  to  create  unleffein  cafes  of  abfolute  neccflitic,  to  prc- 
 c^ch^KiDgdomcs  uttet rujiic3  Togiveywfomcfewprincipaiiinftanccsofmany. 
 
 3n 
 
-^"^      — ^  — — — ' 
 
 48  The  Parliaments  Inter  eft  iny  and  Right  to  Nominate 
 
 'tyMitb.Pms  In  the  d  Ycarc  1214.  the  16.  Yearc  of  King  Iobns  raignc,  in  a  Parliament  held  ac 
 Aifi  ^ju  114.  Running- Meade,  nearc  fVindfor0  for  the  fetling  and  {".curing  of  CMagn*  Chart  a,  and 
 i2i?.pz.4{   other  the  Subje&sLawes  and  Liberties  formerly  granted  by  Henry  thei.  it  was  a- 
 'jrefafPd;  g^ed  by  King  /*K  andEnaded,  That  there  jhould  be  25.  £*™*/  rfw/?»,  /ir^  ^ 
 fing.rpodifr    t^s  Lords  would,  who  Jhoullto  their  utter mo  ft  power  caufe-i he  fame  to  beheld  andob- 
 Fottibron^     frved.    And  that  if  either  the  King  or  hUJufticlar  Jhould trangreffein  any  Article  of 
 FtbianCax-    the  Lawes,  and  the  offences  fbewed,  4.  Barons  of  the  25.  Jbouldcometothe  King3  orm 
 ton  .Graft  on,   hk  ab fence  out  of  the  Kingdom,  to  the  chiefe  lufticiar,  andd  c'a<e  the  exceffe,  reefui-  . 
 fix  dP  oh  dor.  r*"&  without  delay,  redrejfe  for  the  fame ;  which  if  not -nude  mthix  40.  dates  after  fuch 
 Vir^An  1411  declaration,  thoje  4.  Barons  Jhould  refrre  the  caufe  to  the  reft  of  the  25 ,  wh  with  the 
 Tiavieip.  1 45  Commons  of  the  Land,  might  diftraine  and  in  force  the  Ki  tg  by  til  meases  they  could  (b; 
 -  *44.Jpt^p.  filling- upon  his  Caftles,  Lands,  and  Potfeffions,  or  other  goods  ;  his  P  erf  on  excepted, 
 P  .tQ  >67-     m£  that  of  his  gueene  and  Chi!d^en,)till  amends  be  made  according  to  their  Arbitration. 
 And  that  tvhofoever  would  fhould  take  their  Oath  for  the  execution  hereof,  and  obey  the 
 *  Comm  indement  of  the  2  5  •  Barons  herein  without  prohibition.    tAnd  if  any  of  them  difr 
 fent ed,  or  could  not  afiemble  •  the  Major  pan,  to  have  the  fame  power  of  proceeding: 
 Hereupon  there  are  25*  Barons  chofento  be  Confervators  of  CMagna  Charta,  and 
 the  Subjeds  Priviicdgesf  whofc  names  you  may  read  in  Mathew  Paris)  who  by  the  j 
 Kings  Confent,  tookc  an  Oath  upon  their  foules ;  that  they  would  keepe  thefc  Char- 
 ters with  all  dfligence,andC0w/*//*6*/G^^  repent  (as  he  did 
 ioone  after )  toobfervethem :  Which  donc,all  the  reft  of  the  Lords,  then  likcwifci 
 *Frdn.Thin  tookc  another  Oath,  toajpft  and  obey  the  Commands  of  thofe  five  and  twenty  Haron*. 
 ^Protefon    In  thc  Ycarc  I221*  C  Hu&h  d€  %»r$h>w*s  made the  Pretttlor,  or  Guardian  of  the 
 HolinJhtdmL'Reil^me'^fa  Parliament,  held  at  Oxford.   In  the  Yeare  1222.  I  readc  in  f  cJ*fo- 
 3. cd  1 07 j.    thew  Parts,  and   others,  that  Ralph  Nevilt  Bifhop  of  Chlchefter  ,  was    madci 
 f  Ki(l.An£l.    Keeper  -of  the   Great  Seale  ,   and  Chancellour  of  England,  by  affent  of  the  -whole 
 P-l°^9°d"-  Ktngdome  (in  "Parliament, )  to  wit,  in  iuch  fort,  Vtnon  depeneretur  ah  ejufdem  fiJ 
 Bilhtoffiie&M'  ™fi0{i>*>    NISI   TOTIVS    REqNI   ORD  IN  ANTE     CON- 
 Hath^etim  SENSV  &  CONSILIO,  That  he  'ihould  not  be  depofed  from  the  cufto. 
 Ja.iizi.fi.dy  of  the  faid  Seale,  but  BT  THE  ORDINANCE,  CONSENT  am\ 
 ■'■*.-         .   COVNSELL  OF  THE   WHOLE   REALME.   loe  here  thc  grcatcfi 
 lM*f'*Ans  Officer  of  the  Realine,  not  oncly  ele&ed,  but  confirmed  by  Parliament,  foas  no: 
 Thin  'bis*ca'-t0  ^c  diiplaccd  but  by  the  confent  of  the  whole  Rcalmc,  whofc  publicke  Office)  J 
 taloiuofchan-hewtt.  Hereupon  King  Henry  afterward,  taking  [bmedi(tafteagainft^^(l>ecauf< 
 zellors  'in  Ho-  the  Monkesof  Winchefter  cle&edhim  Bifhop  ot  that  Sea  againlt  his  good  liking  J 
 UnJIndvolum,  took*  away  the  Seale  from  hiw%  and  deliver  edit  to  Geffrey  of  the  Temple,  in  the  12* 
 \lihWtit'  ^care  °*  n*s  RaJgnc  ;  but  yet  he  helde  his  Chancellors  place  ftilly  avdtooke  the  profits  of  it' 
 Jyi  \z\%L*i  during  all  his  life  ;  though  he  refufed  to  talg  the  Seale  agair.e,  when  the  King  oft  red  1 1 
 *49«             reftore  it  him,  the  23,  of  his  Reigne,  Quoiper  Con  (ilium  praditto  Cancellario  commif\ 
 >Matb  mf.fum  frit  TOTIV  S   REGN I.   h  After  which  he  being  reftorcd  to  thc  Seal , 
 ^.ii48.pag.by  theParliament  An.  1236.  this  King  removed  %alph  thc  Steward  of  his  Houfhold 
 *ntb  wis     w*tn  cerwinc  °thcr  his  Counfcllors,  and  great  Officers  of  his  Houfc,  from  his  Coun  J  | 
 ^.1148.  pa.  fell,  and  their  Olficcs  5  and  he  likewife  moft  inftantly  required  his  Seale  from  thi 
 7i9.7i0«7tj  Bifhop  of  Chichefter  his  Chancellour,  who  executed  hisOrflce  unblameably,  being 
 Matb.Patis    ^[\[^t  0f  trutn  in  tne  Court  Bat  thc  Chancellor  refufed  to  deliver  it,  feeing  thc  vie 
 
 dome! 
 
and  Elccl  Privit  Ceuvce/lors,  State  Officers^  and  Judges.  49 
 
 dome  ;  wberctore  he  could  nocrrfigceicto  au>  one  W i  T  H  0  V  T  THE  fOM- 
 MON    COl'XSEL    OF   THE    REALMS',  to  writ ,  the  Parliament.  ' 
 
 In  the  "Yearc  1  244.  the  28.  or  Henry  the  31.  Us  Kaigrc  (tic  B  ih-.p  of  Chtchejler, 
 that  faitbfull Stout  chanccllom  trade  by  Parliament,  dying*  ai  d  ttiepkcc  cor.rinuirg  '  *****  ParU 
 void  torafpace)  in  a  Parliament  at  London,  tie  Lords  and  Commons  cmplained, 
 Tbatfrd'fecl  of  a  £  banc  l'or}div:?s   Writs  were  grant  d  ag*infl  Iufticey  cni  lb  y  de-  ^arult  Hi(i. 
 manned,  that  by  TH  till     HLtCTiON    4  Jr<ftic:*r  and  Cban.dl'Ur  might  bee  p,i6i.  i6i. 
 ma  ie,  by  whom  the  State  of  the  Ki*g  ome  might  be  fetled,   AS     IT     WAS     AC- 
 COVSTOMED.    The  King  promif'd  to  refurmc  all  things  himfclfe,  left  hec 
 might  iccmc  thereto  compelled  uy  the  m  :  which  they  gave  him  a  convenient  time  to 
 effect,  and  fo  adjourned  ;  promifmg  to  give  him  an  ayde  at  their  next  meeting,  if  in 
 the  mcanc  time,  he  red  re  fled  things  amiffe,  according  to  promife  :  Which  he  failing 
 to  doc.  At  their  next  meeting,  They  demarded  Magna  Charta  to  be  confirmed  ,  which 
 the j  bad  divers  times  dearely  pur  chafed^  and  anew  Charter  to  bee  made  for  that  purpofe, 
 Tbn  alt  ihs  infringers  thereof  ft;  ould  bee  folemnly  Excommunicated  by  the  Bifhops. 
 And  bee auf:  the  Kinghad  not  hitherto  objeiv<d  the  great  Charter ,  notwithftandsng  hx 
 Oa  be:  and  promises,  and  Saint  Edmonds  Excommunication  again  ft  him  for  infringing 
 it,  left  the  J il^e  danger  fhould happen  in  after  times ,  and  fo  the  Uft  errour  be  worfe  then 
 thefirft,  By  Common  A  S  S  E  NT  they  Ele&ed  4.  eft  be  mojt  Tolitkke  and  djcrec- 
 teft  men  of  all  the  IZgalme,  Who  Should  Be  Of  The  Kings  Counlcll,   and  jveare, 
 that  they  would  faithfully  mannage  the  affaires  of  the  King  and  Kingdom",  and  would 
 aiusimfter  Juftice  to  all  men,  wii  horn  refp.  ft  of  perfons :  That  the  j  e  ft  ould  alwales  fol- 
 low the  King  ;  and  if  not  all,  yet  two  at  the  leaf},  ftjould  be  prefint  with  him,  toheare  e- 
 very  mans  complaint,  and  fpeedily  re  lee  ve  fuch  as  f  ffned  wrong.     That  the  Kings 
 Treafurj  fbonld  bee  ijfued  by  tkeir  view  and  teftimeme,  aid  that  the  money  fpecirtly 
 granted  by  all,  fhould  be  expended  for  th?  bemfic  of  the  King  ar>d  Kingdome%  in  fuch 
 fort,  as  Jhonldfeem:  be  ft,  aid moft  profitable.    Ahdtbat  th?jo  ft;  all  be  £$nfervators  of 
 their  Liberties.    *s4nd  that  as  they  Are  Chofen  by  the  aflent  of  all,  fo  li^ewfe  not  any 
 of  them  fhould  be  removed,  or  deprived  of  his  Office,  wit  Lout  Common  afTent.     7  hat 
 one  of  them  being  tak^n  away  s  by  the  election  and  affent  of  the  tjcree,  another  fhoull  bet 
 fubfti  Sited  with  n  two  moneths.  Neit  e*  without  them,  but  when  there ft) all  be  n'ceffitie> 
 and  at  iheir  EUGi  n^majaLmtet  again.That  the  Writs  irr.pctruted  again  ft  tie  Law  and 
 Cuftimtof  the  R?*lme,  fbouU  be  utterly  rtvok^i  and  canceled.    That  Sentence  [h  u'd 
 be  given  ag  tinft  the  Contradiclors,    That  1  hey  ftj ould oblige  one  another  to  execute  all  this 
 by  a  mutuall  Oath.  Thit  the  lufticiar  and  ^  hanccilor  fhould  be  chofen  by  the  generall 
 Voices  of  all  the  States  aflcmblcd  :  andbecaufe  they  oh\U  to  be  freq-ctly  with  the 
 &  ing,  may  be  of  the  r umber  of  the  Confervators*    And  if  the  King  ly  a  y  intervencnt 
 •exsfirn  fbai  takeaway  hiiSealefrom  the  Chancellor ,wb  tfoevo  ft)  J  be  (ealcdmthe 
 r  /w,  fhal  be  reputed  void  and  jruftratejili  reftttat.  o<  of  it  be  made  to  the  C  •a*  cello**-. 
 That  None  be  fubflituted  Chancellor,  or  Iufticiar,  but  by  the  Vniverfall  affembly  and 
 j  ircc affent  of  all.   That  Twj  luftices  may  be  chofen  of  the  Tench  ;   Tno  B  irons  of  the 
 I   Exchequer  ordained:    tA»dat  leaft   Q  is  luftc    rf  the  liWes  atputed:    That  at  t?  is 
 J  turn*  AW  the  faid  Officers  fhouli  be  Made  and  Confiituted  by  the  Common  Vnivci- 
 ■  fall  and  Prec  Election  of  All,  T-Mtltkea*  they  w  re  to  bsutdlc  the  bMnzfas  it  AAtSc 
 ^  e*AmineorumEUcltcnem  csKcur  a'  *ffe?fus  b«gn!m m  ;  SoLheWfc  For  thar  KLcti 
 j  on  the  ^iTent  of  all  {h  >uld  Concur.  <^*d<  forwards,  when  there  fb*lUx  netdtoftd 
 I  Ure  another  in  any  ef  the  pre  fatdP  la  e>,    bi  Sub  flit  utter.  flaR  be  made  b  j  ibeTrtvifi.n 
 '  tniAutontyoftheEcue  Cwfc  Us  afrefud.  Tasutbojc  ki.hn*  f*ff*tt  dt  anJle[fe 
 
 G  n.ceff.ry 
 
J  °  J  he  Parliaments  Inter  eft  in^  and  Right  to  Nominate 
 
 ~~ ■ ■   », 
 
 '  J  necejfarj  pjontt b* removed >  rem t be k-*g  s  fide.  But  whiles  thefe  bulincflcs,cver  profita- 
 
 ble to  the  Common- wealth,  had  bcene  diligently  handled  by  the  Lords  for  three 
 weekcsfpaccjthccncmieof  mankindc,  the  difturber  of  peace,  the  raifcrof  ledition 
 the devill (as  Afjnlew  Paris  writes  ^  unhappily  hindrcd all  thefe  things  by  the  Popes 
 avarice,chrough  thecomming  of  Mvtin*  new  Legate,  with  a  lafger  power  then  any 
 ever  had  before  to  exacl  upon  the  ftate;  the  interposition  of  which  bufineffc  in  Parlia- 
 ment,whcre  it  received  a  peremptory  repulfe,  tookc  up  fo  much  time,  that  the  former 
 could  not  be  fully  concluded  during  that  Parliament,  Whereupon  after  this,  in  the 
 » mt.  Weft,   yeare  1 248.  h  king  Hsnrj  calling  a  general!  Parliament  at  Lor.aw,  to  take  an  cffeclu- 
 v*?Mi48.p,  allcourfcforthcfetlingofthediftraflionsand  grievances  of  the  Realmc;&  therein  dc- 
 **9  *3  i\     manding  an  aydc;  he  was  grievoufly  reprehended  for  this,  That  he  was  not  afhamed 
 Mat.  Paris,    tncn  t0  demand  fjch  an  ayd,  cfpecially  becaule  when  he  laft  before  demanded  fuch  an 
 ^"o74j5texaclton(towhkhtheNDblesin  E<g'a*i  would  hardly  affent)  he  granted  by  his 
 see '  p.  41©,'  Charter,  that  he  would  no  more  doe  fuch  an  injury  and  grievance  to  his  Nobles;  they 
 *u.  Ukewifc  blamed  him  for  his  profufc  liberality  to  foreigners,  on  whom  he  wafted  his 
 
 Trcafure;  for  marrying  the  Nobles  of  the  land  againft  their  wills  to  ftrangcrsof  bafc 
 birth;  for  his  bafe  extortions  on  all  forts  of  prople,  his  detaining  the  Lands  of  Biftiops 
 arid  Abbots  long  in  his  hands  during  vacancies,  contrary  to  his  coronation  oath,&c. 
 Bat  the  king  wascfpcciallygricvouQy  blamed  by  ail  and  everyone;  who  complained 
 not  a  little,  for  that  Title,  a  t  his  magnificent  Predecejforx  Kings  have  bad^Jufticrartum 
 ttec  C*nceUariHmkabet^  nee  TbtfwartMTn,  per  commune  con filmm  Regni  frovt  deter  ft 
 &expediret%he'hAdHeithsr  a  chiefc  Iuftice,oor  Chancellor,  nor  Trcafurer  made,  by  the 
 Common  Counccl!  of  the  kingdomc  as  it  was  fitting  and  expedient;  but  fuch  who  fol- 
 lowed bis  plcafarc  wbatfoevcr  itwas,  (o  it  were  gainefull  to  him,  and  fuch  as  fought 
 not  the  promotion  of  the  Common-wealth,  but  their  dtonc,  by  collating  money,  and 
 procuring  Wardfhip9,  and  Rents,  flrft  of  all  to  themfelves ;  (A  cleare  evidence,  that 
 fchefc  Officers  of  the  kingdome  were  uiually  or  right  created  by  the  Parliament,  in  this 
 kings  and  his  Anceftors  times: )  Wnen  the  king  heard  this  he  blufhed, being  confoun- 
 ded in  himfclfe^  knowing  all  thefe  things  to  be  moft  true  :  he  promifed  therefore  moft 
 trucly  and  ccrtainely,  that  he  would  gladly  rcforme  all  thefe  things,  hoping  by  fuch  a 
 humiliation,  though  fained ,  more  readily  to  incline  the  hearts  of  all  to  his  rcqucftj 
 To  whom,  taking  counccll  together,  and  having beene  oft  enfnared  by  fuch  promifes; 
 they  all  gave  this  anfwer  :  This  will  be  feene,  and  inafliort  time  it  will  manifeftry' 
 appearc  to  all  mens  therefore  we  will  yet  pitiently  cxpedt;  and  as  the  king  will  earrj 
 him  fdfe  towards  us,  fo  we  will  obey  him  in  all  things :  Whereupon  all  things  were 
 put  off  and  adjourned  till  1 5 ,  dayes  after  Sainton  Baptifts  fcaft-  Bat  the  king  in  tttrl 
 *  Thefe  ill    meane  time,  obdurated  cither  by  disowns  fpint,  or  by  his  Courtiers,  who  would  no 
 ^r^tcc  t^"trs  have  his  povverweakned^  and  being  more  exafperated  againft  his  people,  regardec 
 the?c  is  a       no*  t0  ma^c  tnc  ^ca^  reformation  in  the  fore  fay  d  cxccfTes,  according  as  he  had  proroi. 
 grcatvaftcUf*  ftd  co  his  leige  people,  but  infteed  thereof,  when  allthc  Nobles  and  Parliament  me  I 
 fcrencebe-     againc  at  the  d*y  prefixed,  firmely  bclecving  that  the  king,  according  to  promifei 
 tweeneprj-  .  wcrtlj  j  reforms  his  errors,  and  follow  wholefomc  councells,  gave  them  this  diipleal 
 feVvam$C  of     ^ng  anf  .very  by  bis  ill  Councellours  ;  (from  whom  his  Ma  jetties  eviil  advif:rs  late!;! 
 the  king,  and  borrowed  ic.)  You  wou!d,all  Ye  Primates  ofEvg'and,  very  uncivilly  bind  your  Lor«<- 
 puh!i  ke  Of-  the  king,toyour  will,and  impofeonhiman  over-ler vile  condition,  whiles  you  woul 
 c^rsofthe      impudently  deny  co  him-,  that  -which  is  lawful!  to  every  one  of  your  fclves.    Veril» 
 !h*  fkeir  Ar«  lt IS  law^ to  *ycrv  onc> t0  u^c  vvhofe  and  what  counccll  he  lifleth.  *  Moreover  it  j 
 ^umcnt'is  bvt  Uwfuft  to  every/ hou&sAder  to  preferrc  to,,  out  by,  or  deoofc  fiom  this  or  that  office 
 
And  Elttt  Privie  Cwncellottrs^  State  Officers t  <wd  J-udgcs.  j  i 
 
 any  of  his  houiliold,  which  yet  you  rafh'yprcfumo  to  deny  toj  our  Lurd  the  king;  el-  ,  • 
 
 peciajiy  when  the  fervants  ought  not  at  ail  to  judge  their  Lord,  nor  the  vafialls  their  ' 
 
 Prince;  nor  to  rrflrainc  him  wirh  their  condition*;  Yea  verily,  who  ever  are  reputed 
 *  inferiors,  ougHrathcr  tobc  direfttti  by  the  pteatutt  of  their  Lord,  and  to  be  re-  +  R 
 gulatedbyhis  will;  for  the  iervant  is  rot  above  his  L  rd,noryetthc  Dilcipleaicvc  wj10"[  J,^, 
 his  Mailer.  Therefore  he  fhould  not  be  as  ycur  kinq,  but  as  your  fcrvant,  if  he  fliculd  ament  and 
 be  thus  inclined  to  your  will.   W  hercfurc  be  vv  11  neither  remove  Chanccllour,  ncr  In-  kingdcmc 
 fticc,  norTreaiurcr,  as  you  bavc  propounded  to  him  to  doe;  neither  will  he (ubftitutc  which  t,Kr 
 others  in  their  place  s  :  He  likcwilc  gave  a  cavillirg  aniwer  to  the  other  Articles  r€Prcfcnic<* 
 though  wholfome  enough  to  the  kirg,  &  demanded  an  3yd  to  recover  his  right  in  for-  fcriowbiu" 
 raigncparts.    WhenthcBarrons  heard  this  anfwer,  itappeared  more  eleerc  then  the  above  the 
 light,  that  thefe  things  fprung  from  thefc  ill  Councellouis,  wh©fe  weakened  power  king  himfdf 
 wcuid  be  utterly  blowncup,  if  the  Counceli  of  all  the  Baronage  (hould  be  harkened  ^h?  wa$  buc 
 to;  Wherefore  they  all  gave  this  unanimous  peremptory  anfwer;  That  they  W^^d dom«0(fi- 
 grant  no  aydc  at  all  to  impoverifh  thcmfclves,  and  ftrcngthen  the  enemves  of  the  king  c er  and  putC 
 and  ktngdomc  :  and  fo  the  Parliament  being diflblved  with  indignation,  nnuf^uifque  like  fervanr; 
 Jpefrdvdatus  a  Ptit  lament  ojruflradiu  exptft*totr.ibtl  r.lfi  ftfittxs,  Cum  friwtu*  *m$Jfrj  andfothii 
 Uforibfu  (tin  expenfis  Htfolcnt  fdfWtreptrtarunt.  Which  when  the  kingbad  iccnc  ^*ronma<k 
 be  wai put  inc  a  vehement  anger,  andfaid  to  his  Counccl lours,-  Behold  by  yon  the  Jh^fof8111 
 hearts  of  my  Nobles  arc  turned  from  me;  Behold  I  am  like  to  lofc  Ga/coignr,  Piyteh-s  the  king. 
 is  fpoylcd;and  I  am  deftituteof  Trcafure;What  (hall  I  do.  W  hereupon  to  fatisfie  him 
 they  caufed  his  Plate  and  Icwcls  to  befold,&  invented  fundry  new  pro/efts  toraife  mo  *Mat  Pjr- 
 nies.  The  very  *  next  ycare  1 249.  the  Lords  aflcmbling  againe  at  London  at  the  j^,p*  7*£' 
 endof  Efftcrpredcd  the  king  with  his  promife  made  unto  thcm,That  the  cbicfclufti*    2t1t  p*     ** 
 ciar,ChaunccIlour,and  Treasurer  might  BE  CONSTITVTED  BY  THE  GENE- 
 RALL  CONSENT  OF  THE  KINGDOME;  which  they  molt  certainely  be- 
 leevedthey  (hould  obtainc  .-butbyrcafonof  thcabfcncc  of  Richard  Earleof  Come-  *z)*H.p.i7i: 
 w*/,which  wasthought  tobc  of  purpofc,  they  returned  fruflrateof  their  defuc  for  that  »7*« 
 time,  •  At.no  1 254.  in  another  Parliament  fummoncd  at  London^  inEafterTcarme, 
 the  Lords  and  Commons  require  and  claimc  againe  their  former  Rights  in  eledirgthe 
 Iufticiar,Chauncelior,andTrearurcr,  but  after  much  debate  the  Parliament  is  pro- 
 roged,  and  nothing  concluded.  But  the  Lords  and  Commons  would  not  be  thus 
 dc'udcd  of  their  right,  which  to  regainc,  they  drained  their  IurifdicTion  to  an  higher  1  ^1T  pdr  0; 
 Note  than  ever  they  had  done  before.  Tor  inthc^eare  1258.  the  Barons  (ceingthc940  941.9/1 
 Realmealmoft  destroyed  with  Taxcs,and  cxaftio;  s  and  Pcittouines>todominccTc>and  960.  on.x, 
 rule  all  things  in  E»r W,  effectually  to  redrcfle  thelc  grievances,  and  rcformc  the  Mfl"** 
 Statcof  the  Rcalme.in  a  Parliament  at  0  xf or  dy(  to  which  they  came  very  well  armed/1  **8t0  l*6z 
 by  advrifcoffomcBiibopsj  among  other  Articles,  they  demanded  of  the  king,  TMfr  3co.3rl.to 
 fiich  a  one  (hould  be  chicfc  Iu  liciar  who  woul  J  judge  according  to  Right,  &c.  A.^d  3 1 1. ']•  abiav. 
 that  24.  pothers  write  ii.)  prrlons  (whom  F*bUnhiks  the  Dcu^e  p ceres)  iliould  ?  '".7  p 6i. 
 there  be  chofen,  to  have  the  whole  administration  of  the  king  and  (late  (by  reafon  of  to7$Gr<j/.p. 
 the  kings  former  mifgovemment)  and  the  yearely  appointing  of  *tt  great  Offer  ty  re-  ^iV* *? 
 Icrvingonely  totheki;  gthehigheft  place  at  Meetings,  and  falutations  ot  honour  in  6$6.&c.  h0. 
 publike  places.  To  which  Articles  the  king,  and  his  ionnc  Prince  Ed  \\irdy  cut  of  feare,  ItojbtdJDtn, 
 not  oncly  aflcntcd  and  fubfcribcd,but  likewife  tooke  a  folcmnc  oath  to  performe  them  5  *t*w$nA  0- 
 all  the  Lords  and  Bilhops  taking  then  the  like  oath,  to  held  and  maintainc  thefc  Arti- lhtr$" 
 clcs  inviolably;  and  further  they  made  all  that  would  abide  in  the  kingdome,  to  fweare 
 alfotothem;thCiirchbi(hopsand  Bifhopsfblemneiyaccurfmg  all  fuchas  fhould  Re- 
 
 G  z  bell 
 
5i  The  Parliaments  Inter  cfi  inland  Right  to  nominate 
 
 bell  2gainft  them  Which  Articles  the  king  and  his  Cm  labouring  by  force  of  Ernies  to 
 r  annull,  they  were  not  with!  tan  ding  enforced  to  continue  in  three  or  fourc  fabfequcnt 
 
 Parliaments.  By  v:rtueof  trufc  Articles  enacted  thus  in  Parliament,  thof©  Lords 
 notonely  removed  old  tbiri  fes  of  Counties  appointed  by  the  king,  and  put  in  new  of 
 their ownechufing-  butlikcwife  difplaced  Tbify  Lovt/lthc  kings. 7>  <fuwrt  with 
 divers  Officers  of  the  Exchequer,  and  fundry  or  the  kings  mer»i?,U  fervants,  letting 
 others  whom  che>  liked  in  their  places^  and  made  Hugh  Bygodt  Lord  Chiefe  Juftice, 
 who  executed  chat  Office  valiantly  and  jaftly,  nu'U enus  jer  m  it.  rsjm  Regni  v*c$s*A* 
 creating like  wife  a  new  Chauncellour  and  removing  the  old. 
 
 Afterrhis  in  a  Parliament  at  London,  Anno  i  i6ot  they  confuted  about  the  electing 
 of  new  Iuftices,  and  of  the  Chanccllour  and  Trcafurer  of  England  for  the  following 
 yeare,  (thefe  places  being  made  annuall  by  the  former  Parliament- )  in  purfuance 
 whereof, Hugh'SigodhisyzMt expiring, Hugh  Spenfer  was  by  the  Lords  and  Palia- 
 mem  appointed  to  behisiucccfi"or,and  made  Lord  fa*fe  Juftice:  and  U{emfe  Keeper 
 *  Sec  f  ranch  W-^  Tower  of  London,  by  the  confent  rfthe  King  and  Batons .  and  by  authority  of  this 
 r  b  in  his  Ca-  Parliament  the  Abbot  of  Burgh,  fucceeded  John  de  {rakfdate  in  the  Tr  afurerjhi? ,  and 
 talogue  of     the  great  Seah \  of  England  was  by  them  committed   to  the  cuftody   of*  Richard 
 Chancellors  tnc  Rijbof.of  Ely.  The  very  next  years  1261.  the  Barons,  with  the  confent  of  the 
 Qifnjl<ljd'  1  fele&ed  Peeres,  difcharged  Hugh  Sfenfer  of  his  chiefe  Juftice  (hip,  when  his  yeare  was 
 ^frTii?*,  ■  ^rcd* *n<*  fobftjtutcd  Sk  Philip  'Bajfct  in  his  roorne;  In  which  ycere  the  King  ap. 
 °d inieis Hi-  . "-pointed  Iuftices of  Eyre  through  England,  without  the  Lords,  contrary  tothcPro- 
 &9ry»P«*3?»  vifionsof  the :  Parliament %XO xfordi  they  comming  to  Hereford  to  kcepc  a  Scflions 
 *9  Si  j  there,  and  fommoning  the  County  to  appeare  before  them  on  Hockedaj;  divers  chiefe 
 
 men  of  thtfe-parts, who  fided  wirn  the  Barransatfembled  together,  and  (kidly  com- 
 manded chofejludges  noctoprefuiGCtofi^againft  the  Ordinances  of  .Oxford;  neither 
 would  any  other  of  the  people  anf  w  ere  them  in  any  thing  :  whereupon  acquainting 
 the  King  with  this  oppofition,they  departed  thence  without  doing  ought;  and  the 
 King  making  this  yeare  new  Shiriefs  in  every  County  ,difplacing  thofc  the  Baronshad. 
 made;  the  inhabitants  of  each  County  hereupon  manfully  rcpuHed  them,  and  would  1 
 ?not.obcy,norregardjnoraafwerethemin  any  things  whereat  the  King  was  much 
 vexed  in  minde :  and  upon  a  fceming  fhew  of  reconciliation  to  the  Barons,  going  to 
 D over,  and  Roch?fter  CaftU s  ('committed  to  the  Barons  cuftody  for  the  Kingdomes 
 fafctyjthey  permitted  him  to  enter  peaceably  into  them  without  any  refinance :  Vp- 
 on  which,  minding  to  break^his  former  oathes  for  the  keeping  of  the  Oxford  Articles. 
 hc.fir ft  feifcth  upon  thefe  and  other  Caftlcs,  aud  then  comming  to  ivinchefter  Cajtk 
 wherche  had  free. entrance permittedhitn  by  thcBarors  fwfco  fufpeded  no  ill  dea« 
 .   ling)  he  tooke  it  into  his  owne  cuftody*  whether  he  called  to  him  the  ChPfe  Juftc<< 
 a^4  Qhamcfilh? ,  not  lor g  before  made  that  yeare,  by  the  Barons;  commanding  then: 
 ro  deliver  up  the  Sealc  and  Iuftices  Roles  unto  him;  whoanfwered,that  they  could  bj 
 no  meancs  doc  i^without  the  Barons  confent  and  pleafurc  concurring. \vi:h  the  Kings 
 with  which  anfwerc  the  King  being  moved,  prefently  without  confjltirg  with  th« 
 Bironage,made^^/^rv%^»Chaui3q«llourr  and  the  Lord  Philip  Baft  Chiefe  Iir, 
 ftice  to  him  and  the  Kingdome;  removing  thofc  the  Barons  had  appointed  from  thof« 
 and  other. places.  Which  the  Barons  hearing  of ,  onfidering  thdr  this  t*m  contrary  t \  J 
 1  b:&  md  their  p'ovifxesr  and  fearing  leaftifthe  King  jbould  thus  frefuwe,  he~  would  wt  I 
 ter/j  fobvert  the ftatute^  of  Oxford^  thereupon  they  ported  ro  the  King,  <gu4rdedrwit  \ 
 arrnes  and  iower^  and  changed  him  with  the  breach. of  hid  oath^  forcing  him  atkft  fc 
 r'u^  *g  #^r,cc*5SWSifep?l  Which  the  King  foone  violating^  the  JSarrons  a». 
 
and  Eiett  Privie  Counfdkrs^  State  officers,  and  fudges.  5  3 
 
 hcraifed  great  1  orces,  met  and  fought  a  bloody  battle  at  lents'mSHjx]  whereafter 
 the  lode  or  iccoo.mcn,tl:c  King  and  his  lonnc  Pritct  f^r^wi  h  iiindry  Lordb  of  ) 
 
 his  party  were  taken  and  brought  Prifoncrs  to  Lor.d  n  •  v*  here  til  the  Prcbrcs,  I-ar  Ic«s 
 and  B-irons,  meeting  in  Parliament  (Annoi  265  as  Malik  tw  Weflm<r,ftcr  computes  it  j 
 made  new  Ordinances  for  the  Government  of  the  Rcalme;  appointing  among  other 
 things,  that  2  Larks,  and  one  B:iliop elected  by  the  Commons  fhould  cbofc  9  01  ha 
 pcrfors,  of  which  3  fh  ;uld  it  ill  aflitt  the  King;  and  by  the  Councdl  or  thofethrcc  and 
 the  other  nine,  all  things  fhould  be  ordered,  as  well  in  the  Kings  Houfe  as  in  the  K  iog- 
 dome,  and  that  the  King  lhould  have  no  power  at  all  to  doc  any  thing  without  their 
 Council  and  alknt,  or  atJcaft  without  the  advifeof  3.01  them.  To  which  Articles 
 the  King  {bj  rrafo  1  of  menaces  to  h  mt  to  eU 8  another  King)  and  Prince  Edw.  rd  ( 
 /fare  of  p*rpt  p/aU  Imprifo?  mnt  if tl.ey  co*f:ntei  not)  u ere  enforced  to  alicnt;  sll  the 
 Bilhop?,  Earlcs,and  tfarrons  contenting to  them,  and  fettirg  their  fealcs  to  the  inftru- 
 rnent  wherein  thefc  Articles  u  crcconteined.  After  which  the  Earle  of  Leicefter  and 
 his  two  fcnncsj  being  3. of  the  Undivided  all  the  KtngsCartlesandftrcng  holds  be- 
 tweene  them,  and  bellowed  all  the  chicfe  Offices  in  the  Kings  houfe,  upon  his  Capital! 
 eftcmies;  which  indifcrcctc  difloyall  carriage  of  theirs,  much  offended  notonelythe 
 A'i**^and  P>  ir.c  ,but  the  Earle  of Clocefter  and other  of  the  Barons;  fo  that  they  fell  off 
 from  the  Earle  to  the  King  and  Prince,  and  in  a  battle  at  Exfiam  (lew  the  Earle,  and 
 molt  of  his  Partifans;  afcer  which  vicftory  the  King  calling  a  Parliament  at  Winchefcr, 
 utterly  repealed  and  vacated  thofe  former  Ordinances :  which  had  they  onely  dc- 
 maunded  the  Nomination  of  great  Officers,  C  ounlcllours,  and  Judges  to  the  Xing,  and 
 not  entrenched  fofarre  upon  his  Pi  erogative,  as  to  wrcftall  his  Royall  power  out  of 
 his  bands,  not  onely  over  his  Kingdome, but  houlliold  to«I  doubt  not  but  they  had  been 
 willingly  cordefcendedto  by  the  King  and  Prince  at  reafonable,  and  not  have  occa- 
 Honed  fuch  tlocdy  wanes,  to  repealcthemby  force. 
 
 In  King  Edwa  d  the  fecond  his  Rdgne,  the  Lords  and  Commons  by  on  Ordinance  of   - 
 Parliament,  having  banifhed  out  of  Court  and  Kingdomc  Pierce  G>ivcflon,  his  vicious 
 favorite,  and  pernicious  grand  Councellour)  in  a e  Purlia-n-nt  held  at  JVamicke^  nomi-  0 )  Milium- 
 narcdandconlHtutedH/^^^^rthcfonne.to  be  the  K>ngs  Chamh#l*l*e\  and  in  "w0™7*' !c 
 that  Parliament  further  ena^ed;.  that  certainc  Prelates  and  other  Grandees  o^thc^^^^ 
 Rcaimc  fhould  remains  nccrc  th:  King  by  turncs,  at  fc.t  (talons  of  the  yeare,  to  ccun-  pxrttX  t  JO; 
 fell  the  King  bettc,  without  whom,  no  great  bufincflc  ought  tobe  done:  challenging  'spced^e^. 
 (ver  tts  Speed)  by  fundry  Ordinances  made  by  them  in  Parliament,  not  onely  a  power  e?*>*6*  o.  *ee 
 to  reforic  the  Kings  houfe  and  Counccll ,  and  TO  PLACE  AND  DISPLACE  ¥*$*£*** 
 ALL. GREAT  OVFJCERS  AT  THEIR  PLEASVRE,butcvcnaioyntinrcrcft  eH.  ' 
 
 in  the  Regimcr  t  of  the  Kingdomc.  After  which  the  Spenftrs  cngrofling  the  folc  Re- 
 giment of  the  King  and  Kingdomc  tothcrnf:lves,and  excluding  thofe  Lords  from  the 
 King,appointcdby  the  Parliament  toadvife  hiro,norfurY,:ripg  the  King  fo  much  as  to    . 
 fpeakc  with  them  but  in  their  prefence;  they  werefor  this  and  other  c  fences  banifhed 
 the  Land  by  A^t  of  Parliaoncnt.  This  K'ng  towards  the  end  of  his  raigne,   after  the 
 Quccnesarrivall  with  her  Armic,  obfeuring  himfelfe  and  not  appearing;  by  f  advife  if)  sped.  ?h 
 Anictnftnt  of  the  Lerds,  the  Dnk«  if  dejHttaine  was  made  High  Keeper. of  SngUn  /,  68o# 
 and  they  as  to  the  CHflot  °f  *bi  fame  did  [ware  himfuiltj*  and  by  them  Robert  Bah 
 dock^  Lord  Chancellcur  was  rcmcved,the  Bifhop  of  Norwich  made  Chauncellourof 
 the  Rcaimc,  and  the  Bifliop  of  tvinc&fter  Lord  Trcafurcr,  without  the  Kings  af-  \ 
 lent. 
 
 In  the  1  5 .  yeare  of  King  6  dmrd  the  3*  chap.  3 . 4-thcrc  was  this  excellent  La^v  en- 
 
 £*  3  *&*%  - x 
 
5^  7  he  Parliaments  Inter  ejtin,  and  Right  to  Nominate 
 
 acted.  Becaufe  the  points  of  the  great  Charter  bs  bUmipsed  in  divers  manners,  and  lejfe 
 I  well  h  olden  t'oen  they  ought  to  be,  to  the  great  per  ill  and  flounder  of  the  King,  and  dam* 
 
 mage  of  the  People  \efpecwlly  in  as  much  a*  Clerk**y  Peeres  of  the  Land,  and  othtr  free- 
 men be  arreted  and  imp  yifoned}  and  outedof  their  go  ds  and   Cartels,  which  were  not  ap~ 
 pealed  nor  indighted,  nor  fuite  of  the  ptrty  atainfl  them,  affirmed;   It  is  accorded  and  of- 
 fen  ted,  that  henceforth fuck  things  Jhall  not  be  done.  Andifany  ^Minister  of  the  Kings  t 
 *  N       lis.    or  ot^sr  fer[on  rfwhat  condition  he  be,  do  or  come  againfi  tny  put  of  th  great  C^rttrt 
 Andchc  like    or  other  fiat  utes, or  the  Lowes  of  the  Land,  he  Jhall  awfwere  to  the  Parliament,  as  rrellat^ 
 Law  wasen-  the  fuite of '  th?  King,  as  at  the  fuite  of  the  party  ,  where  no  remedy    nor  punifiment 
 adedin.i.H.  wai  ordained  before  this  time,  as farre forth  WHERE    IT  WAS  DONE   BT 
 +.  Fabian,       COMMISSION  OF  THE  KING,  as  of  his  owne Authority, notwithftanding  the 
 pa«.7.p-  5  7  •  QrAinanCe  maje  yefore  tfc  time  at  Northampton, which  by  ajfent  of  the  Kingythe  Prelates, 
 E«rles t  and  Barrens,  and  the  Commonalty  of  the  Land,  in  this  p*efent  Parliament  h 
 repealed,  and  utterly  Sfannllcd.   <±And  that  the  Chauncellour,  Treafurer,  Barons  and 
 Chauncellcr  of  the  Efchequer^  the  Juftices  of  the  cne  'Bench  and  of  the  other, fuftices  ajfig* 
 ncdin  thefounty,  Steward  and  Chamber  laine  of  the  Kings  houfe,  Keeper  of  the  Privie 
 Seah, Treafurer  of  the  Wardrobe,  Controulers,  and  they  that  bechiefe  deputed  to  abide 
 nigh  the  Kings  Sonne  Du\e  of  CorncVteW,  Jhall  be  now fvorne  in  this  Parliament ,  and  fo 
 from  henceforth  at  all  times  that  they  (hall  be  put  in  Office,  Co  keepc  and  maintainc 
 the  Privilcdges  and  Franchifcs  of  holy  Church,  and  the  points  of  the  great  Charter  and 
 the  Charter  of  the  Forrcft  and  all  other  Statutes,  without  breaking  any  point.  Item,u 
 is  aflTcrrtcdjthat  if  ANT  THE  OFFICERS  AFORESAID.,  or  chiefc  Clcrke  fc 
 the  Common  Bench,or  the  Kings  Bench,  by  death  or  other  caule  be  ootof  his  Office^ 
 that  our  Soveraigne  Lord  the  King  BTTHE  ACCORD  OF  HIS  GREAT  MEN 
 which  fliall  be  found  moftnigheft  in  the  County,  which  he  (hall  take  towards  him, 
 and  by  good  fixKcell  which  he  jhall  have  about  him^jhall  yut  another  convenient  into  tht 
 fayd  Off  <r,  which  (lull  be  fworne  after  the  forme  aforcfayd.  And  that  in  every  Par 
 Hamentatthethirddayofthe  fame  Parliament,  the  King  (hall  take  to  his  hands  th< 
 Offices  of  alltheMiniftcrs  aforefayd ;  and  fo  ihall  they  abides  or  5.  daycs,cxccp 
 the  Of  ikes  of  Iufticcsof  the  one  place  and  the  other,  Iuftices  afligncd,  Barons  o 
 the  Efchequer;  fo  alwayes  that  they  and  all  ether  Miniflers  be  put  to  arifwer  to  even 
 complaint.  And  if  default  be  found  in  any  of  the  fayd  Ministers  by  complaint  or  othe 
 manner,  and  of  that  be  attainted  in  the  Parliament,  he  fcall  be  punifhed  by  j'udgemen 
 of  his  Peeres  out  of  his  Office,  and  other  convenient  fet  in  his  place,  And  upon  th 
 famc,ourfayd  Soveraigne  Lord  the  King  (halldoctobc  pronounced  to  make  execu 
 tion  without  dchy  according  to  the  Judgement  of  the  fayd  T>  teres  in  the  Parliament*  LoJ 
 here  an  expretfe  Act  of  Parliaments  ordained  and  eftablifhcd  by  King  Edward  th 
 Preamble  of  tn^'  by  aifcnt  of  the  Prelates,  Earles,  Barons,  and  other  great  men,  and  of  all  th; 
 thisftatmc     Commonalty  of  the  Realm,  which  this  king  did  give  and  grant  for  him  and  his  heircj; 
 accordingly    firmely  to  be  kept  and  holdcn  for  ever,-  that  all  great  Officers,  Barons,  Iudgcs  and  Iu; 
 totheStatuts  ftjCcsof  the  kingdome,  and  chicfc  attendants  about  the  king  and  Prince,  (hould  ncl 
 at  large.        on cly  take  the  fore-mentioned  Oath,  but  be  elected  alwayes  by  the  accord  of  th 
 location  of   grcatmcn>anc*  goodCouncellnearc  and  aboutthc  king,  out  of  Parliament,  and  b 
 the^tatucc    tnePecfes  in  Parliament,  and  the  king  bound  to  make  execution  according  to  the 
 the  fame       Judgement.  This  Law  fas  I  conceive)  was  never  legally  repealed  by  Parliament, bi 
 yearcbyPro-  onely  by  this  kings  h  Proclamation,  by  the  ill  advice  and  forced  confents  of  foir 
 ^^i^fcwl-ordsancl  Councellours  about  him;  upon  pretence,  that  he  never  freely  affente 
 ^largcT^   t0  '*** kut  ty  diffimulation  onely  to  obtaine  his  ownc  ends,  that  Parliament,  which  el 
 
 wou: 
 
and E left  Privte  Councilors,  State  officers,  and  Judges.  5  5 
 
 would  have  mifcarricd  and  broken  up  in  difcontent  had  not  this  Law  becne  granted  in 
 manner  a  fore  fa.d.  Whichconfidcration  makes  mt  confident,  that  the  Parliament  be- 
 ing fo  eager  to  obiainc  this  Law,  would  never  fo  (oonc  yedd  wholly  to  repealc  it,  and 
 [b  for  cughc  I  know  it  Hands  yet  in  force, to  j\iftitic  the  prefent  Parliaments  claimc  in 
 this  particular.  la  a.  E.  3.C.  8.14..E.  3.^5.  18.  E.  3.  Stat.  3. 10.  E%  3.C.  i.a.  3; 
 iivers  notable  Oathes  are  prefcribed  to  Iudgcs,  lulticcsand  other  Officers,  and  that 
 :hcy  fhill  not  delay  nor  forbcarc  to  doc  righc  for  the  kings  great  or  little  Sealc,  or  any 
 ctters  from  him  or  any  other,  but  goc  forth  to  doc  the  Law,  notwithstanding  them: 
 In  thcyearc  1  $75.^50,  of  Edward  the  3.  his  raigne,  a  *  Parliament3(commonly  apf/alpn,Hiff, 
 Mcdthe^ood  Parliament  by  our  Hiftoriansj  being  aflcmblcd,  the  king  required  a  ^>/.p.  1 85. 
 >ubfidieby  rcafonof  hiswarrcsj  to  which  the  Commons  anfwered;  that  they  could  ,8^i87f'd- 
 10  longer  bearc^ch charges,  confidering  the  manifold  molt  grievous  burdens  they  ^o'Frart'J'^ 
 lad  from  time  to  time  borne  before:  and  that  they  knew  full  well,  that  the  king  was  ^0*^1  ' 
 ich  enough  to  defend  him  and  hisland,ifhi$  Land  and  the  IVcafurc  were  well  gaided  Spcelyjxz'. 
 md  governed;  butithadbecnclongcvillrulcdby  cvill  Oncers,  fo  that  the  Land  could  Hol..Tpo<Hf. 
 lot  bcplcnreous  neither  with  Merchandize,  charTcr,  nor  riches.  By  rcafon  whereof,  Ver//^  P.M  4. 
 tnd  of  their  importunate  charges  the  Commonalty  was  generally  impovcrifhed.  x^' 
 Moreover,  the  Commons  complained  upon  divers  Officers  that  were  the  caufcrs  of 
 his  mif-ordcr,  whereof  the  Lord  Latimer,  then  Lord  Chamberlainc  was  principall, 
 indDame  Alice  Tiers  the  kings  concubine,  (who  would  ufually  in  moft  impudent 
 ntnner  come  in  pcrfon  into  all  Courts  of  Iufticc,  and  fitting  by  the  Iudgcs  and  Do- 
 tors,  perfwade  or  dilTwadethem  to  judge  againft  the  Law  for  her  owne  advantage-, 
 >nthat  fide  for  which  fhe  was  enqagedj  to  the  great  fcandall  and  diflionour  of  the 
 cing,both  in  his  own  and  other  Realmcsrjand  Sir  Richard  Scurry  Knight,  by  whoic 
 DounccllsandfinirTcrmeanes  the  king  was  mif  guided,  and  the  government  of  the 
 .anddifordered.  Wherefore  they  prayed  by  the  mouth  of  their  Speaker,  Sir  Piers  de 
 4  M *re,  that  the  faid  per  Ions  with  others,  might  be  removed  from  the  king,  and  o- 
 hers  to  be  fct  in  authority  about  his  perfon,  as  fhould  fct  vc  for  his  honour  and  for  the 
 vealeof  his  Realme.  Which  requeft  of  the  Commons  by  meanesof  the  Noble  Prince 
 Edward  was  accepted;  fo  that  the  faid  perfons  ,  with  the  Duke  of  Lancafler  and  o- 
 hers,  were  removed  from  the  king;  and  other  Lords  by  atvife  of  the  fay d  Ptivce, 
 wd other  wife  Lords  of  the  Realme;  &  per  Par  hams*  turn  fr^diilum,  writes  Walfi>tg- 
 am,  were  put  in  their  places,  fuch  as  the  Prince  and  Peers  thought  fitteft.  Moreover 
 n  this  Parliament,  at  the  Petition  of  the  Commons  ic  was  Ordained,  that  certainc 
 >*mops,  Earles,  and  other  Lords  fhould  from  thence  forth  govcrnc  bo:h  the  king  and 
 Lingdome  (the  king  being  then  in  his  dotage  unable  to  governc  himfclfe  or  the  king- 
 lomej  becaufc  the  king  wasgrowneold  and  wanted  fuch  govcrnours.  This  patfagc 
 s  thus cxprcfTcd  in  the  Parliament  Roll  of  50.  £.3.  numb.  10.  Alfo  th>  Commons 
 a  -fibrin:  the  mij%hi-fej  of  the  L*ndfljcwedto  King  and  Lords  of  ths  Parliament-,  that 
 t  [ball be  for  the  honour  of  the  King  ardprcfitof  all  the  Readme,  which  u  novo  g^ievedin 
 livers  manners  by  may  adverfttics,  at  welt  by  the  warres  of  France,  S paint,  Jr dandy 
 Inyn.  B ere t*tgne,*>idc! fen  here,  as  like  wife  by  the  Officers  who  hav?  beene  accuftomtd 
 0  be  about  the  King,  wfo'reno'  fufficient  at  all  without  other  affi fiance  for  fo  great  a 
 \ovfr%mfht^h:re]ore  they  pray  that  the  Counce  II  of  ow  Lord  the  King^  be  enforced  for 
 nade  up)  of  the  Lords  of  the  Land,  Prelates  and  others,to  the  number  of\  o.  or  I  2 .  ( which 
 m  A  ingfl)  d'pleafe)  to  remaine  continually  which  the  King  in  fuch  manner,  th*t  no  great 
 wjintffe  P.iallp  i[fe  or  be  thne  decreed  without  all  their  affents  and  alvife  5  and  that  o'her 
 '$*rhHftneffesJbdl  be  ordered  by  tfoajfenttf  6%or+  of  themaj  Jeafl}  according  as  the 
 
 talk* 
 
5  6  The  Parliaments  Inter  eft  in^  and  Right  to  Nominate 
 
 >«*    ■     i  '  '  ..     i       .  i  — — — _——————————« 
 
 p  y  cafejhall require ;  fo  that:  at  leaft6%or  4.  of fuch  Counfellors  fha 'I  be  continually  refident 
 
 '  fo  councell  the  King    And  our  Lord  the  King,  conjider'wg  the  fa  ;d  *  equeft  to  be  honoura- 
 
 ble and  vert  profitable  to  him,  atUo  all  hit  Realme^  hath  thereto  affente  i :  provided  aU 
 Tvtyes  that  the  Cbzn"el!ou+,  Treafwer^  or  Keep  r  of  the  Vrivy  fea(etardall  othlr  Offictrs 
 of  th;  King,  mij  execute, ani  dtfpatch  tbt  bufenejfes  belonging  to  their  Offi  efy  vithout 
 the  prefence  of  th  fay  iCo'tnc  'Hours ,  the  which  the  King  hath  a]pgn:dt.&c.  But  this 
 Ordinance  lafted  icarce  three  moneths,  for  after  the  Commons  had  granted  a  Subfidic 
 of  4  pence  the  pole  of  all  above  1 4  yearcs  old  except  bcggers,Prince  Edward  dying,& 
 the  Parliament  determining,  theferemoved-ill-officers  got  into  the  Court,  and  their 
 offices  againe;  and  by  the  instance  and  power  of  Alice  Virs,  the  Speaker,  Z>  U  Mare 
 (a)  Wtiifaf*  wasaijuigedcoperpetuallprifoniniV^/»^wCa(llc,  ("an  aft  without  example  in 
 *ff'Ani[%l*  former  times,  and  whichdid  no  good  in  this)  where  he  remained  prifoner  two  yearcs 
 )?un.Tbin  his  fpace>  though  his  friends  very  oft  petitioned  for  his  libcrtic  *  aid  °  John  a  Gaunt  Duke 
 Catalogue  of  of  Lancaflsr(m\&t  Regent  of  the  Rcalme  becaufc  of  the  Kings  irrecoverable  infir  mi - 
 Proted  >rs,    ty)  fu  nmoning  a  Parliament  the  ycare  following, repealed  the  Statutes  made  in  this 
 HeUnflwoVi.  gooc[  Parliamcnr,  to  the  Subjects  great  difcontcnt,  who  were  carneft  fuiters  to  the 
 loiiJJr'dlfu  ^ J^5  ^or  ^  ^      ^ '  ms  inkrg-ment  and  lcgall  triail,  which  being  denyed,  the  Lon- 
 rpod'^t      doners  upon  this  and  other  difcontents  tooke  armes,  aflaulted  the  Duke,  fpoyled  his 
 N«f/?.p.M4.  houfj  at  the  Savoy, and  hungup  his  armes  reyerfed,  in  figne  of  Treafon  in  all  the 
 1  j  j.  1  tf.       chiefe  ftrje.es  of  London.  But  in  the  firft  yeare  of  Richa^dthc  fecond*  in  a  p  Parliament 
 r^wi  t  w  ztLon^nt  Ptt'rDc  U  Martini  AmoRdl  the  Knights  (which  playd  their  parts  fo 
 2*7-*j  .*    •  wcjijntjlc  gO0C[  Parliament  for  the  incrcafe  of  their  Countrey  and  benefit  of  the 
 pjpW/^Hift  Realm :)  returning  their  Petitions,  caufed  Alice  Tiers  ('who  contemning  the  Ac!  of 
 idyl.  S»-».    P arliament, ani  the oaches  wherewith  [he had  bound  her  felfe,  prcfumed t© enter  thG 
 R  2  p.  198.    Kings  Court,  to  pcrfvyade  and  impetratc  from  him  whatfocver  (he  pleafcdj  to  be  ba- 
 ft 9?$petd*Y4  nifh  :d,  and  all  her  movables  and  immovables  to  be  confiscated  to  the  King,  notwith- 
 (landing  (he  had  corrupted  with  money,  divers  of  the  Lords  and  Lawyers  of  Eng 
 land,  to  fpeake  not  onely  privately,  butpublicksly  in  her  bchalfe. 
 
 *  AwiDom  1237,  K'*g  Henry  the  3d.  fommoning  a  Parliament  at  London,  be- 
 IJ1U  P(trt*    cauk  xt  feenv:d  iome  what  hard  to  (equcfter  all  his  prefent  Council  from  him  fodenly 
 *  i. %]mtlt    as  rcPr°bate, !t  was  concluded,  that  the  E?rle  iVarrany  Wilba  -n  de  F<rr*riu,  and  Joht 
 p.157.  Fitn-Geofrey  ihould  be  added  tohisPrivicCounfelljwhom  theKing  caufed  tofwearc 
 
 That  by  no  mcanes  neither  through  gifts,  nor  any  other  manner  they  fhould  deviate 
 from  the  way  of  truth,  but  (hould  give  good  and  wholcfome  councell  both  to  tb< 
 king  himself  and  the  Kingdomc.  Whereupon  they  granted  him  a  Subfidie  of  the  thirti 
 cch  pirt  ofth:ir  goo  is,upon  condition; that  from  thcnceforth,and  ever  after  forfakin^ 
 •  the  Councell  of  Grangers  and  all  unnaturall  ones  (qui  femper  fui  &non  Regni  amic  e§ 
 confuevt  unt,  & Regn bona d (Irahere,  non  aiuna  e)  he  fhouid  adhere  to  the  counfc] 
 of  his  faith  full  and  natural!  fub  )tcl$tEt  fie  foluto  coxfihp  non  fine  wteriori  mur r.urstion 
 Cfrmvlti  coxcepta  indg  atione,  eo  quod  cum  difficult*  te  tanta  Regis  in  m  m  ad  falubr 
 confilfum  cant 'or 'querent;  &confiliueo  um9  a  quibui  om»em  hono  em  terrennm  heb  1 
 obfecundartnt,  ad  propria  q  rifq  it  re  r,eavit<    Buc  this  perfid  eous  King ,  &  "Re^ni  del  p 
 d*tor,as  the  Bironsand  Hiftoriansftilc  him,  contrary  to  his  folemne  oath  and  promfi 
 would  norbe  weaned  from  his  evil  1  Councilors  but  retained  them  (till,  tiilby  fore 
 of  Armes  they  were  removed  andbaaifh^d. 
 1  mlfixg.Hift*     q  *B c  1C  i.ycarc of Richa'd  the  i^jvilli  m  Courtney  Bifhop  of  London^Edm^n I  Afe>;< 
 jivglj.196.  tym?r  Earle  of  Ma*cht  and  many  others  of  whom  the  Common  people  had  the  be 
 857.  opinion,  being  good>  wife,  and  famous  men,  were  by  publicke  content  appointc 
 
 Cour 
 
aucf  eleft  Pri^y  Councilors ,   State  Officers ,  and  Iudges  57 
 
 In  (/)  the  i.ycarcofKing  Henry  the  6.  (being  but  9.  months  old  wjicn  thcCroAnc 
 jfeended)  the  Parliament  funitnoncd  by  bis  FatherM«ry  the  5.  ( as ivalfmgham  V) ]"'alf»*&. 
 miteO  was  ;  in  »6jV*  By    tSSENT  OF  ALL  THE  STslTEStfHmfrj™f'**bP. 
 
 Dukrof  gioucefter,  WAS  ELECTED   JiND   ORDAINED  DBF ZNDEil  Fabim.'sp  ud\ 
 nAND  PROTECTOR   OF  ENGLAND  intheabjer.ee  of  his  elder  Brother  the  Trufel.uHS.' 
 
 '  the  Offices  and  Benefices  of  the  Realm  were  committed  to  his 
 d/fpjftl//.  In  this  Parliament  fa  (kange  fight  never  before  ken  in  E*gUnd)this  Infant 
 King, fitting  in  his  Queen  mothers  lap,  paffiedm  Mayflickjnanner  to  vVe/rminiter,tfW 
 there  tool^  (late  amon^  Alibis  Lords ,  before  he  could  tell  what  Englifjj  meant ,  to  exercife 
 the  place  of  Sover At gn  dire  El  ion  in  open  Parliament  then  affembled ,  to  eftablifo  the 
 Crowne  upon  him.    In  the  Parliament  Rollsofthc  j,  yearcotthis  King,  I  find  many 
 notable  Paflagcs  pertinent  Co  the  prefcnC  Theme,  of  which  (for  their  rarity)   J  {hail 
 giveyou  the  larger  accounts    Numb.  I.  There  is  a  Commiffion  in  this  Infant  Kings 
 y.amc  dire  fled  to  his  Vncle  Humfrey  DukeofGloucciter,f0/#w/7?0#  andholdthts  Par- 
 liament in  t4:e  Kings  T^jtme  andfteed,  and  commanding  all  the  (JMembers  of  it,  to  at  • 
 tend  the  ftdrDul\e  therein:  Which  Qommtffion  being  fir ft  read  ;  the  Arch.bifhip  of 
 Canterbury  taling  this  Theame,-  The  Traces  of  the  People  are  ajfcmbled  with  God) 
 declare*  ^X  avfes  for  which  the  Parliament  was  principal  lyjummoncd.l.  For  the  good 
 governance  of 'the  per fon  of 'the  mofl  excellent   Prince  the  King.  2.  For  the  good  cok- 
 :ion  ofthcpcAoe,  andt !  c  due  execution  and  accompltjhment  of  the  Lawes  of  the 
 L<nd.  3.  For  the  goodandfafe  defence  of  the  R?almc  Againft  Enemies*  q.Toprovtde 
 honourable  and  decreet  per fons  of  every  EftAte,fsrthe  goo  dgover  nance  of  the  Realms 
 According  to  Iethro  his  Counfell given  to  Mofes^c.  Which  Speech  ended,  Numb,  7, 
 8 .9,  io,  1 1.  The  receivers  of aH forts  ofPetitionsto  the  Parliament  are  defigned,3nd  the 
 Speaker  oftheHoufe  of  Commons  prefenccd,  and  accepted.   Numb,  12. The  Lords 
 and  Commons  authorise,  confent  to,  andennfirme  the  Commiffion  made  to  the  Duke  in 
 the  Infant  Kings  T^jtme  ,to  fummm  and  hold  this  Parliament,  (To  that  they  authorize 
 and  confirme  th.u  very  power  by  which  they  fate :  )  With  other  Commijfions made 
 under  the  Great  Scale  to  [it ftices  ySheriffes  ,Efchcatcrs  t  andother  Officers ,  for  the  ne- 
 cejjary  execution  of  Iuflice.    Numb.    1 3,  and  14.     The  Bijbop  of  Durham,  late 
 eHourof  England  to  Henry  the  5  deccafed-,  and  the Bijhop  of  London  ChanceU 
 lour  of  the  Dutchy  of  l^or  man  dy, fever  ally  fhew^th  at  upon  King  Henry  the  5.  hisde- 
 ceafe  they  delivered  up  their  fever  all  Se  Ales y  after  their  homAge  And  fealty fir ft  made , 
 to  King  Henry  the  6  Jn  the prefence of  divers  honourable perjons  (whom  they  namep ar- 
 ticular ly)  dejinng  the  Lords  to  attefl  their  fnrrender  of  the  [Aid  SeAles  at  the  time  and 
 place  [pea ficd,  which  they  did  ;  and  thereupon  they  pray,  that  u  fpeciall  aU  And  entry 
 thereof  may  be  ma  'em  the  Parliament  Rolls  for  their  indemnity  ;  which  is  granted  And 
 tntred  accordingly. 
 
 Numb.  15.  It  ivas  ena  fled  and  provided  by  the  faid  Lord  Commifftoncr,  Lords  and 
 Commons',  that  wa;  much  as  rhe  Inheritance  of  the  Kingdomes  and  Crowns  of France, 
 England,  and  Ireland,  were  new  lawfully  defcended  to  the  King,  which  title  was  not 
 expreffedinthelnfcriftionsoftte  Kings  Settles,  whereby  great  peril  I  might  accrue  to 
 the  King,  ifthefaidmfcriptions  were  not  reformedaccordwg  to  his  Tit  !c  of  Inheritance 
 xhat  tberf ore  in  All  the  Kings  Seals , as  wellm  Englandas  in  Ireland,  Guyen^ndyValeSj 
 this  new  ft  tie  fjould  be  engraven ,  Henricus  Dei  Gratia,  Rex  Francis  &  Angliar,  & 
 Dominus  Hibernia^  acccrdmgto  theeffetl  of  his  inheritances ;  blotting  out  ,fth  n- 
 
 H  "HhAtCVt* 
 
rg  The  Parliaments  Imerefi  w,  and  ktgln  to  nominate 
 
 '(  whatever  was  btfore  in  them  fuperfiuous  oy  contrary  to  the  faid  ft  ile  ;  and  that  command- 
 
 fhould  be  given  to  all  the  keepers  of the faid  Seales  of  the  King  to  reforwe  them  without 
 
 delay,  according  to  the  forme  and  effietl  of  the  new  Seale  afore/aid. 
 Numb.  16.  Duk^Humfr^  the  Kings (fommifl ary ,  and  the  other 
 
 'rfpirituall  and  tcm- 
 e  Spetksr  and  tfhoU 
 
 per  all  Lords  being  fate  in  parliament,  certaine  Knights  (ent  by  thi 
 Houfe  cf  Commons  came  before  them,  and  in  the  name  and  behalf  of  the  J  aid  Commom 
 nalty  re  que  sled  the  faid  Duke,  that  by  the  advifeof  the  faid  spirit  nail  and  Temporal 
 Lords, fir  the  good  government  of  the  Realme  of  England,  hew  ould  be  pleafed  to  certifie 
 the  faid  Commons,  to  their  greater  confelation,  what  ptrfons  it  would  plesife  the  King  to 
 caufe  to  be  ordained  for  the  Offices  of  Chancellor  and  Treafurer  of  England,  and  Keeper 
 ojbx  Privie  S  eale :   Vpon  which  requeftfo  made,  due  confederation  being  had,  and  full 
 advife  taken  ;  andthefufficiencieofthofe  perfons  confidered  .which  deceafed  Kirg  Henry 
 the  Kings  father  now*,  had  in  his  difcretion  ajfignedto  thofe  Offices  as  fitting  enough: 
 the  KingfoKowing  his  Fathers  example  and  advife,  by  the  affent  of  the  Lord  Duke  his 
 Commtffaryy  and  of  all  and  every  one  of  the  Lords  fpir  it  u  all  and  temporally  hath  nomi- 
 nated and  ordained  a  new,  the  Reverend  Father,  Thomas  Bi/hop  of  Durham  to  the  Of* 
 jfo^/^Chancellour  of  England,  William  KinwoirnarfhC/^r*  the  Office  of  Trea- 
 furer of  England,  and  Mr.  John  Stafford  to  the  Office  of  the  Keeper  of  the  Privy  Seale.  i 
 *s4ndhereup*HtheKingourL9rd  wiUeth By  THE   ASSENT  AND  ADVISE 
 afore faid,th at  as  well  to  the  faid  Chancellor  of 'England ,  as  to  the  faid  Treafurer  ofSng. 
 land,  and  to  the  faid  Keeper  of  hit  Trivy  Seale  for  the  exercife  of  the  faid  Offices,  feve-  j 
 rail  letters  patents  fhould  hemade  in  this  forme :  Henricus  Deigracia  Rex  i/tnglia  &  j 
 Francia  &  Dominns  Hibemia,  omnibus  ad  ejuos  prafentes  lit  era  pervenerint  falutem.  j 
 Sci  tisquodDe  AVISAMENTO  ET  ASSENSV  TOT1VS  CON- 
 S1LII    NOSTRI    IN    PR/ESENTI    PARLIAMENT©   NOS- 
 TRO    EXiSTENTES,     conftituimus  venerabilem  patrem  Thomam  Epifcom  \ 
 pum  D  unelmenfem,  CANCELt  ARIVM      noflrnm  A  N  G  L  I  & ;  dantes&\ 
 concedentesDE   AVISAMENTO  ET    ASSENSV  PR&DICTIS, 
 eidem  Caneellario  noftro,omnes  &  omnimodas  aufboritatem  &  pot? flat  cm  ad  omnia  ea 
 &  fiugula  qua  ad  offieium  Cancellani  <yfnglia,de  iurefme  confuet  udine  pertinent ,  feu 
 qVQVu  tempore  pert mere  confueverunt,  &c.  The  like  Patents  verbatim,  are  in  the- 
 fame role  {mutatis  mutandis)  made  to  the  faid  Trefurer  of England  and  keeper  of  the 
 privy  feale*  After  which,  the  faid  Duk?,  by  advice  and  affent  of  the  Lords  fpiritual 
 and  temp  or  all f ent  the  Arch-  bifhop  of  Canterbury,  the  Bifhops  cfwinchefter  and  Wor. 
 cefiery  the  Duke  of  Excefter,  the  Earle  of  Warwick?  f  he  Lords  of  Ferrers  and  Talbot 
 to  the  (fommens  \  thenbeing  in  the  Qommons  Houfe,  and  notified  to  the  (fommonalty  bj 
 the  faid  Lords \thefe  Officers  to  be  nominated  and  ordained  to  the  for  ef aid  Offices in fiorn 
 afore  faid.    Vpon  which  notice  Co  given  THESAID   COMMON  SWERE 
 WELL   CONTENTED    with  the  nomination  and  ordination  of  the  fore  fate 
 Officers  fr  m*de>rendring  many  thanks  for  this  caufe  to  our  Lord  the  King,  and  all  th, 
 f*i$d  Lords  t  as  was  reported  by  the  faid  Lords  in  the  behalf e  of  the  Commons  in  th  \ 
 .  ra  ent. 
 Numb.  iy*.The  Liberties  y  Annuities  and  Offices  granted  by  King  Henry  the  y 
 *jtd  his  Ancefiorsto  Soitldicrsinforrxigve  parts,are  confirmed  by  P  arl$ament9and  tbei 
 grants  ordered  to  be  Sealed  with  the  Kings  nem  Seal*s  without  paying  any  Fine* 
 
 Naimba  l%?   Htnryjhc  %*hi*  ',  :nd  the  Legacies  therein  given,  are  con  fir. 
 
 me 
 
and  Eleft  Prity  Councillors^  State  Officers,  and  ludges .  jp 
 
 medbj  the  Kw^s  Letters  Tatcvtf  with  the  affertt  of  the  Ljrds  anaCmtmons  in  Parli- 
 ament. 
 
 Numb.  ig.  A  fubfidy  is  granted  to  be  imployedfor  the  defence  of  the  Re  *lmc  of  Eng- 
 land tto  which  end  the  Lord  frotellour  promi/etb  tt/640  bed'ltgently  tmplojed. 
 
 Numb.  2  ! .  and  !$♦  The  Ktn?  by  a(l<  nt  of  blithe  Lords  fpintnall  and  temporal!  y  mills 
 And  grants ,  that  bid  de*re  ZJncietWX)^VecfG\o\ice.(kir frail  have  and  enjoy  the  Office 
 •///><?  Chamberhine  of  Engbnd,  and  of  the  Qonfiablifnpof  thefafileofGloucefav 
 from  the  death  of  the  Kings  father ,  fo  long  as  it  frail  pleafc  the  King,  voith  all the fees % 
 profits  and  wages  thereunto  belongings  in  the  fame  manner  as  they  were  granted  to  htm 
 by  his  Father, 
 
 Numb.  24.  The  17.  d.ij  of  this  Parliament ,the  tender  age  of  the  King  being  confi- 
 dered,  that  he  could  not  perfonally  attend  in  thefe  day es  the  defence  andproteclionof  hts 
 KtKgaome  of  England,  and  the  Engli/b  Church ;  the  fame  King  fully  confident  of  the 
 circumffeclmn  and  tndufirj  of  his  mofi  deare  Vncles  ,Iohn  Duke  of  Bcdford,WHum- 
 heyDi'kcofGloucefter^y^S,? NT  A  JSfJD  ADVISE  OF  THE  LORDS 
 zs^cllSr'iT'nu^lajTemporal/.andLlKErrlSE  OF  THE  CO  MMO  NS 
 in  this  pre fent  Parliament,  hath  ordtined  andcouslitnted  his  faid  uncleDakc  of  B  :d- 
 fa&.nGJ*  btin*  in  forravrnc  parts  yl>  ROT  E  C?  0  R  and  DEFENDER 
 OF'  HIS  Kllsijjn'OAI,  and  of  the  Church  of  £ngjand,  and  T  R  I N  C '/- 
 PA  LL  £  0  VN  SE  LLO  R  of  our  Lord  the  Kmg^and  tb*t  hefhall  both  be  and  cal- 
 led? rotc&or  anddefendor  of  the  Kingdom, and  the  P  rincipalGounceilor  of  the  King 
 himitlCe  .if ter  be /ball  come  into  England,  and  repaire  into  the  Kmgs)pre fence ;  from 
 thenceforth,  as  longe  as  he  /ball  fiajinthe  Kingdom  ;  and  it  /ball  pleafe  the  King. 
 %And  further '  our  Lord  the  KiugBT  THS  FORES  A  IT>  <A$SSNT 
 and  tAT>  V '  IC  £,  hath  ordained  and  appointed  in  the  abfence  of  his  faid  Vnclc 
 the  D.  of Bed  for d  yb  is  f 'or  ej a  id  uncle  the  Duke  of  Gloceftcr  now  being  in  the  \Realm  of 
 England,  P  ROT  E  £T 0%_of  his  faid  Realmc  andthcChnrch  of  England,  and 
 PRINCIPAL  COV  2^C  E  LLO  R  of  our  faid  Lord  the  King;  and  that 
 thefatdDukejballbe^andbe  called  P  ROTECTOR  and  D  E  F  8 N  1)  0  R 
 OF  THS  SAID  RE  ALM  AN  D  C  HVRCH  OF  ENGLAND, 
 and  that  letters  pattents  of  the  Lord  the  King  /ball  be  made  in  this  form  follow  in g  . 
 Henricus  Ttcigracia  &c.  Scitatis  quodadeo  tenera  xtatcconftitutifumns,  quod  circa 
 frotetlionem  &  Defeufionem  Regmnofiri  z/fngli*  &  Ecclefi*  perfonaliter  attendere 
 nonpojfumus  in  prefentt-  2{j>s  de  circumfpetlione  &  in  du fir  i  a  char  iff  mi  avunculi 
 nofiri :  Iohaor»isDucisBedfordinj,p/^»4w  fiduciam  reportswtes,  DE  ssfSSEN- 
 
 ST  ST  %AVI^AMSNT0  tam  d  o  minorvm,  Qv^m 
 DE  ASSZNSr  COMMVN ITATlS  DlCTI  rRf  C N I  AN- 
 GLI^E  IN  INS  T  At  NT  I  T>A  RL I A  ME  NT O  exifientium,  ordmavi- 
 mu4  £r  confiituimut  tpfum  avmculum  noflrum,  ditli  Re^ni  nofiri  Angli* 
 EcclejU  Anglican*  P  R  0  T E  £T  0  R  E  OH  ET  DEFEN- 
 SOR E<JM,AC  COTiSlLlARlVCM  N  OST%V  M  P  RINCIP  A- 
 LEM'y  0-  cjuod  ipfe  ditti  Regni  nofiri  Anglia  &  Ecclefi*  Anglican*  Pro- 
 teflor  &  Defenfor  y  *c  principalis  confdiarius  nofter  fit9  &  nomwetur,  tn  & 
 tuxta  vim  formam  &  effcElum  cujufdam  articuli  IN  DICTO  P  iAf%- 
 LIAMENTO  die  datns  prafenttum  habiti  E  T  CONCOR- 
 DAT!:   Provifo  femper ,  quod  prafatns  tAvttnculw    nofier^    nullum  k«fr   t 
 
 H    2  Or   t 
 
6o  Tbs  Parliaments  Interefi  in,  and  ^Jgbt  to  nominate 
 
 aut  gerat  vigor  e  prafentiumpotepatem^  nee  (icut  prafatur  nomine  tur^nifi pro  tempore 
 quopr&fens  hie  in  regno  noftro  Anglit  fuerit,  G^PROVT  IN  PR&DICTO 
 ACTO  CONTINETVR.  guodque  carijfnmx  Avunculus  nofler Dux  Gh- 
 eefirU,  nobis  in  age nd is  ditti  Reg^i  negotiis  pofitffkm  Avunc utum  noftyum  Dvccm 
 Bedford!*  PRINCIPALIS  C  ONSlL  i  A  RI  V  S  EXISTAT  ET 
 NO  XI  INETVR,  quociens  &  quando  pr<cfatum  ^Avunculum  noflrum  Ducem 
 BcdfordiiT  infra  Regnum  noflrum  A^gUx  morart  contingat*  Confidentes  tnfupcr  ad 
 plenum  de  circumjpettione  &  induflria  pradiBi  Avunculi  noflri  Dncis  Gloceftri* 
 DE  ASSENSV  ET  AVISAMENTO  P X^£D  ICT I S  3  crdi- 
 navimus  &  conflituimus  ipfum  nsfvunculum  noslrum  Duccm  Gloceftriae,  ditto  Rea- 
 no  noftro  ts4ngli& jam yr&fentem,  ditli  Regnv  noctri  Annti#  &  Ecclefi*  A-arlicancZ 
 ^%PTECTO%EM  ET  <DEFENSO%EMl  necnon  C  0  NS  I LU 
 AXIVM  TS^OSTRP*  M  PRICIP  AL  E  M,  quociens  &  quando  dill uw 
 avunculumnoflrum  Ducem  Bedfordiae,  extra  Regnum  noftrum  Ang'iae  morari  & 
 abejfeeontingat.  Et  quodipje avunculus  nofler  D ux  GloccRrix  Protector  &Defen- 
 for '  Regni  nsftri  Angltf,  &  Ecclefia  Anglic  ant,  &  Principalis  Conjiharins  nofler 
 SIT  ST  NO  MINETV%,  IVXTA  VIM  F  OR  M  A  M&  SFFE* 
 QTV M  ARTlCVLI  P %^h  D  ICTI.  Provifo  femper ,  quod  prtfattts 
 avunculus  ef*  D uxGloccd.nuflumgerat  aut  habeat vigor e •prafentium  potest  at  em yvet 
 ut  prttferturnommetur^  nifl pro  tempore  quoprafenshic  in  Regno  noflro  Anglic  fuerit 
 %nabfentia  dicli avunculi  noftri  Ducts  Bedford.  &  preut  in pradicto  articulo  contine- . 
 tur.  Damn*  autem  univerfis  &  pngulis  Archiepijcopu^Sptfcopis,  Abbatibus^Prto- 
 ribus,  Ducihus,  C omnibus, Baronibus ^rJMilitibus ,  &  omnibus  aliis  fiddibus  noslris 
 ditli  Regni #Q$~lri  Anglia  quorum  inl ere fly  tenorc  prafentium  firmtter  in  mandate 
 quod  tarn  pr<zfato  avunculo  noflro  Duel  Bedford,  quociens  &  quando protettionem  & 
 defenflonem  hujufmodific  habuerit  &  occupaverit,quam  prafato  avunculo  no fro D u- 
 ci  Gloceftria:,  quo ciens  &  quando  ipfe  con f  miles  Protettionem  &  Dcfenfioncm  ha- 
 buerit &  occupaverit'tnpr&mtffisfacicndis,  parear.t  ohediant  &  intendant prout decet. 
 In  cujus  reiteflimonium  &c.  which  A&  and  Commifilon  thus  made,  andthetenour  of 
 thembeing  recited  before  the  [aid  Dukeof  Gloiter,  and  (pint uall and temporall Lords  • 
 the  /aid  Duke  having  deliberated  thereupon^  undertook  at  the  requcfl  of  the  f aid. , 
 Lor ds ,  the  burthen  and  exercife  of  his  occupation,  to  tht  honour  of  god,  and  profit  of 
 the  King  and  Kingdom? *  Prote fling  notwithflandtng%  that  this  hus  ajfnmptiox  or  con- 
 fent  in,  this  part  Jbould  not  any  rvajes  prejudice  his  for  efaid  Brother ,  but  that  his  fat d 
 Brother  at  his  pleafure  might  ajfume  his  bnrthen  of  this  k^nde,  and  deliberate  and 
 advife  himfelfe , 
 
 Numb,25.  It  is  ordered  by  this  Parliament,  veh-it  under  Offices  and  Beni fees  the 
 Lords  Protectors  Jhould  conferre,and  in  what  manner.  Numb.  26*.  After  the  Lords, 
 and  Commons  in  Parliament  had  fet led  and  ordained  the  Protectors  in  forme  afore  [aid 
 AT  THE  REQUEST  OF  THE  SAID  COMMONS,/kf^BY 
 ADVISE  AND  ASSENT  OF  ALL  THE  LORDS  cert*i*e'fer- < 
 fens  ofefiate9  as  well  Jpirituall  as  temporally  N  A  MED  AND  ELECTED 
 TO  GOUNSELL  AND  ASSIST  THE  GOVERNANCE; 
 whofe  names  written  in  a  fmallfcedule,  and  read  openly  t  were  thefe ;  the  D  uke  of  GIo- 
 cefter,  the  Archbifhop  of  Canterbury,  the  Biftops  of  London,WinchcileriNorwich, 
 Worccfter  •  the  Duke  of  ExceRer  „thc  Earles  of  March,  War  wick  s  Marfliall,  Nor- 
 thumberland.. 
 
and  tktt  Prity  Councellors%  State  Officers*  and  ludges  6 r 
 
 humbcrland,  Wcftmcrland;  the  Lord  Fitz-hugh,  MrHu^h  Crimbvvcll,  Mr  Wal- 
 cr  HtinPcrford,\irIohnTiptofc,Mr  Walrcr  Bcauchamp*  Numb  25  Theft  per/ 
 %w  NAMED  and  CHOSEN  COVNS'LLORS  and  ASSIS- 
 r  A  N  T  S,  after  this  nomination  an. I  tUBion^ccn  itfeetteied t*t*ke  fitch  affi fiance  1  s 
 he  coz  a  nnoent  m  manner  an  J  forme  contained  in  a  paptrfccdulc  written  in  Enel$Jbi 
 nth  their  names  thereto ,  containing  five  (pectall  articiest  delivered  in  Parliament  by 
 the  fat  {pet  ch  fc  >■  fottnfe/lorj  afjl ft  ant  syof  which  fccdule  this  is  the  tenure ', 
 
 J  he  I  oidi  above!  ud,  been  condi  (tended  to  take  it  upen  hem  ,  in  manner  and 
 forme  tluc  fu<  th  :  Fir(t,  for  a<  much  as  execution  of  Law  and  keeping  of  peace  fiart 
 much  in  luflice  of  peace,  Sheriffs  and  Efchcators,  the  profits  of  the  Kmgy  and  re- 
 veres of  the  Realmc  been  J  early  encreafed,  and  augmented  by  Cuslomers,  Controllers ■ 
 p-  iferSi  Seacbers,  and  all  fuck  other  Offices;  then  fore  the  fame  Lords  wo//  and  defircth, 
 ■ich  Officers }  and  all  other  be  made,  byadvije  ar.d  denomination  of  the  f aid  Lords, 
 a/way es  andreferved  to  my  Lords  of  Bcdfordyand  cf  Gloctiicr,  all  that  lon- 
 meth  unto  themjbj  afpeciall  Ail  made  in  Parliament  j  and  to  the  Btfhop  of  WmcUt  ft  c  r 
 that  he  hath  granted  htm  by  cur  Soveraignc  Lord  that  i 'aft  was ,  and  by  authority  of 
 TarU.ir,:eut  co, firmed. 
 
 '  Numb.  29.  \\c\r\jh4t  all mmncr  Ward:,  Mariages,  Farmts^andoihcr  c  juAties 
 that  fanoetb  to  the  £ronnc,wben  tbey  fall)be  lettent  fold,  and  dtfpofcd  by  the  faid  Lords 
 oftle(fotmfell\  ar,d  that  indifferent  ly  at  dear efl , without  favour  3  or  any  manner  par- 
 ualtic  or  frond* 
 
 Numb.  30.  Item,  that  if any  thirgfiould  be  enatl  done  by  Counfcll, that  fix  orfourt 
 at  th.  teaf}j  without  Officers, of  thefaid  Counfell  be  prefeni  •  and  in  all  gnat  matters 
 that  fh all 'pajfe  by  Counfell,  that  all  beprcfent,  or  elfe  the  more  party .  And  if  it  Ise  fucb 
 matter  as  the  King  hath  be  accuflomed  to  be  ccunfelled  of  that  then  the  faid  Lords 
 proceed  not  therein  without  the  advifeofmy  Lord  of  Bedford,  or  ^/Gloccflcr. 
 
 Numb.  31.  Item  y for  as  much  as  the  two  Chamber  laines  of  the  Exchequer  be  or- 
 e  1  of  old  time  to  ccntroule  the  receipts  and  payments  in  any  manner  wifemaed; 
 the  Lordysdefireth.  that  the  Treafurer  of  England  being  for  the  time,  and  either  of 
 the  Chamber  Imncs'have  a  key  of  that  thtt  [bould  come  into  the  receipt,  and  that  they 
 be  fir  or  ?:e  to  fore  my  Lord  of  Glcccfler,  and  all  the  Lords  of  the  C  ounfll;  that  for 
 njfi'iendfiip  they  jhall  make  no  man  privy,  but  the  Lords  of  the  Counfell,  what  the 
 King  hath  in  his  Treaforie. 
 
 Numb,  32.  Item,  that  the  fclcrh^ofthe  Counfell  be  charged  and  fworne  to  truly 
 enatl  and  write  daily  the  names  of  all  the  Lords  that  fh all  beprefent  fern  time  to  time, 
 to  fee  what,  how,  and  by  whom  any  thmgpaffeth. 
 
 Numb.  33.  And  alter  that  all  the  Lords  aforefaid  had  read  before  them  the  faid 
 Articles  in  Pailiament,  and  had  well  eonfidered  of  them,  and  fully  affented  and  ac- 
 corded to  them  i  the  fccdule  of  piper,  by  ccrtainc  of  the  Honourable  Lo;dsof  Par- 
 liament on  bchalfeofthc  King  and  all  the  Lords  in  Parliament,vvas  fent  and  delivered 
 tothc  Commons  to  be  afecrtained  of  their  intent :  whereupon  after  the  faid  Com- 
 mons hadadviicd,  the  faid  Lords  repeated  in  thefaid  Parliament,  that  the  Commons 
 thanked  all  the  Lords,  and  that  THEY  WERE  WELL  CONTEN- 
 TED with  all  there  contained  in  thefaid  fccdule,  WITH  THIS,  that  to  the 
 firil  of  the  faid  Articles  there  fhould  be  added  one  claufe  of  parvciu,  which  the  faid 
 Lords  repeated  on  the  bchalfe  of  the  faid  Common?,  who  delivered  it  to  them  in 
 
 H  3  Parliament 
 
62  The  Parliaments  Interejl  w,  and  *l{ight  to  nominate 
 
 ~T~  Parliament  in  one  parchment  fccdule  written  in  Fiench,    the   tenour  wheieof 
 
 enfueth. 
 
 provided  a/way  es  that  the  Lords,  And  other  perfons,  And  Officers,  which  have  eft  ate  y 
 and  authority,  fome  of  inheritance  ^fome  for  ter  me  of life ',  and  otherwife  y  to  make  and 
 inftitutejby  venue  of  their  offices ,  deputy  Officers ,  and  Minifierss  -which  appertaine  to 
 the '/?s  to  make  of  right ;  and  as  annexed  to  themt  and  to  their  offices  of  ancient  time 
 accuftomedand  ufed ;  (hall  not  he  retrained  nor  prejudiced,  of  that  which  appertaine  s 
 to  them  by  colour  of  this  Ordinance  or  appointment.  To  which  parchment  fcedule,  and 
 the  contents  thereof,  read  before  the  Lords  in  Parliament  ,  the  faid  Lords  well agreed ', 
 and  fully  confented. 
 
 Numb,  44«  The  Queen  Mothers  dower  formerly  agreed^  appointed,  andfworne 
 to  by  all  the  three  eft  ates  in  Parliament  in  g,H.j.  was  now  againe,upon  her  Petition, 
 confirmed  andfetledbj  the  Parliament,  after  her  husbands  deceafe.  And  Numb.  41 . 
 Per.  2.  The  (fommom petitioned,  that  it  might  then  beenatled3  that  uo  man  nor  wo^ 
 man  fhould  thenceforth  be  compelled  nor  bound to  anfwer  before  the  Counftllor  Chan- 
 eery  of  the  King,  nor  elftwhere,  at  the  fuit  or  complaint  of  any  perfbnfor  any  matter •; 
 for  which  remedy  by  way  of  Allien  was  provided  by  the  Common  law  ;  arhl  that  no 
 privy  Seal?,  nor  fubpeent  fhould  tffue  thence  3  before  a  Bill  were  fir  ft  there  exhibited^ 
 and  alfo  fully  allowed  by  two  fudges  oft  he  one 2? enchaud  other  tthat  the  complainant  for 
 matters  and  grievances  in  the  faid  Bill  could  have  no  action,  nor  remedy  at  all  by  the 
 common  law,  &c.  A  good  Law  to  prerent  the  Arbitrary  proceedings  of  chefe  Courts 
 which  are  now  too  frequent,  in  fubvertion  of  the  Common  law.  Lo  here  in  this 
 Parliament,  we  have  a  Lord  Protector,  Chancellor,  Trefurcr,  Keeper  of  the  privy 
 Scale,  ChamberlaiRe,  Privy  Counfeliors ,  Conftables  of  Cartles,  and  mod  other 
 Officers  of  the  King  elected  by  Parliament ;  yea,  a  CommirTion  for  calling  and 
 ho.'dingthis  Parliament,  confirmed  by  this  Parliament  when  met ;  the  Kings  ownc 
 publike  fcales altered  and  new  made ;  a  new  ttile  conferred  on  the  King,  a  Kings  laft 
 will,  and  a  Queen?  Dower,  when  fallen,  confirmed  by  the  Parliament,  and  the 
 privy  Councell,  Court  of  Requeft,  and  Chancery  limited  by  it,  without  any  dimi- 
 nution of  the  Kings  prerogative  royal  1  ?  what  injury  ordifparagementthen  can  it 
 be  to  his  Majffl  :cs  royalties,  to  have  his  great  Om*cers,CounfeIlers,aud  Judges,  thus 
 nominatco  and  regulated  in  and  by  Parliament  atthisprefentpfurcly  ncneatall. 
 
 In  the  Parliament  Rolls  of  4.  H.  6*  num*  8. 1  finde  a  CommiJJion  grantedto  John 
 
 Sarlecf  Bed  ford,  under  the  great fe  ale  {which  was  read  in  Parliament  )  to  fupply  the 
 
 Kings  pi  ace, and power in  thu  Parliament,  and  to  doe  all  that  the  King  himfelfe,  either 
 
 might  or  ought  to  doe  therein ;  bee aufe  the  King  (  by  reafon  of  his  minority  )  could  not 
 
 thereperfonally  attend  to  doe  it.    Numb.  10 .  The  Commons,  by  a  Petition,  lamentably 
 
 (»)4»  H*6*u    Complained  of  the  great  dif cords  and  divifions  betweene  cert  tine  great  Lords t  and 
 
 olVvo/T^      privy  Court  ft  Hers  of  the  Kingdome;  and  more  ejpectally,  betweene  the  Duke  of  Glo- 
 
 #.rf,p.  590!  t©  ceftcr  Lord  Preteclor,  an!  the  B\tt\cp  of  Winchester  Lord  Chancellor,  by  which  divert 
 
 *co.  inconveniences  might  happen  to  the  !Z*alme,  if  not  fpetdily  accommodated:  defiring\ 
 
 (0)  Fox  vol,r,    the  DnfyofBcdfoid,  and  other  Lords  to  accord  them  ;   Vpon  which  the  Lords  tookx 
 
 \  -9^f°  \A?*  afolemne  Oath  to  reconcile  them,  and  made  an  accord  between '  them ;  whieh  you  may 
 
 Grafion^tow   reAe^At  ^ar&c  in  (^Hall,  W  Holinfhed,  and  (0)  other  cur  Hiftsrians,  and  in  the 
 
 ?>*fH,j*4,  '  Parliament  RollsjNumb,  12. 13.  On  the  13. day  of  March.  Numb.  iq.The  Bifhop 
 
 if,  t.  of  Winchefler,  Lord  Chancellor  of  England^  for  certaine  caufes  declared  before  tht 
 
 Lord 
 
and  Elecl  Trilty  Councelhn,  State  Officers,  and  Judges.  63 
 
 in  Parliament,  $nj}antly  defiredto  be  difch.  rqe  i  of  his  Office,  trhicl  they 
 
 ring  of  and*// wing,  he  re  44  by  the  Lords  difchtrec  !  from  his  faid  Office  i  and 
 thefamc  day  tnltkj  manner  the  Bt^op  ofBstnCyTrcaf/irerofSngland^rejitefied  to  be 
 from  his  Office^  which  was  th.it  day  done  accordingly*    Numb.  14.    On  the 
 eighteenth  day  of  March,  John  Bifh  op  of  Bathe  and  WclUjatcTrcafurer  of England, 
 by  vertue  of a  privy  fealc  direCied  to  him,  brought  the  Kings  great  pollen  fealeifea/cd 
 up  in  a  leather  Bdg£e7  t>:to  the  Parliament,  And  rea.'iy  delivered  it  to  the  Sarle  of 
 Bedford ,  the  Ktngt  (^ommtffary  ;  who  receiving  it  of  the  f aid  Btfbcp,  caufed  it  to  be 
 taken  out  cj  the  Barge,  and  to  befeen*  of  ally  and  then  to  be  fm  into  the  Bag  oc  again?  ; 
 toting  the  Range  with  h is fignet  ,he  delivered it  to  be  k^pt,to  the  'Bifhop  of  London, 
 then   CHANCELLOR    OF    ENGLAND,    BY    ATM  IS  E    , 
 ASSENT  of  the  Lords  ffiritnall  and  temporally  in  that  Parliament.    Numb.  18. 
 The  King  by  the  advife  of  the  Lord*  ffirituall  and  temporally  and  by  the  ajfent  of  the 
 C>mmonsin  Parliament,  mA^s  an  exchange  of  Lewes  de  Burbon,  Earle  ofVandofme 
 ta^m  prtfoner  at  the  battell  of  Agciuou\t.  for  the  Earle  of  Hontirigdonyta^en  prifojttr 
 by  the  French  ;  releafing  the  faid  EarleV 'andefme  of 'his  Ranfome,  and  04f6*Numb, 
 19.  The  Dukeof Bedford,  (fonfiable  oftheCaflle  of  Berwick?  petitioned,  that  the 
 Ki*g,nr  tsfVTHORlTT    OF    P  AR  L  I  A  ME  NT  (  in  regard  of his 
 abfence from  that  charge ,by  reafon  of  hit  continttall  employments  in  the  Kings  fervi^e 
 tn  France,  andelfewhere)  mtght  licexfe  htmjo  ma^a  Lievtenant  under  him  to  guard 
 that(fafilefafclj :  J'pon  which  Petitionythe  Lords  fpn  it Hall  and  tempo 'rail g: anted  him 
 power  to  makr  a  fuffu  tent  Lievtenant%  fuch  as  the  Kings  Counfell  ftyould  allow  of;  fo 
 as  the  f Aid  Ltevtcnant  fijou/d  finde  fitch  reafonable  futeties  fvr  the  fafe  keeping  0f  (P)Ha»  Chron: 
 the  faid  Cafile^as  the  Kings  Counfell  fhould  approve.  And  in  this  Parliamenr  ,(p)B  T  (fYJton  'v-<i2 
 ASSENT  OF  TH€    THREE    ESTATES    OF    E  N  g  L  H  N  D ,  Ho\mfhtd\vofy 
 Richard  Bcauchamp  Sarle  0/"  Warwick  was  ordained  to  be  Governour  cf  the  you.g  3^,1079  :and 
 King,  in  like  manner  as  the  Noble  Duke  of  Exceter  was  before  appointed  anddefigned ;  ^rfncti  Tbm9 
 to  executewhich  charge  he  was  fent  for  out  of  France  the  yeare  fallowing.  In  che  three  J  \'     °  veij 
 and  thirtieth  yczrcef  this  Kings  reign  *  Richard  "Duke  of  Y ork  was  made  protetlor  cbmup,  400. 
 of  the  Realme,  the  Earle  0/*  Salisbury  was  appointed  to  be  Chancellor,  and  had  the  4©4. 
 greatfeale  delivered to  him  ;  and  the  £arle  of "Warwick  was  t  letted  to  the  Captainfoip  (*)Hall,Graf- 
 of XStliceyfrnt the territories if the famejnand*r  THE  PARLIAMENT:  ton>uow>spetd 
 by  which  the rule  and  Regiment  of  the  whole  Realme  conffied  only  in  the  headland        "" 
 orders  of  the  'Dukj,  and  Chancellor ;  and  all  the  warlike  affaires  and  bufineffe  reft  ed 
 principally  in  the  Earle  of "Warwick.    From  which  Offices  the  Duke  and  Earle  of 
 Salisbury  being  after dijplaccdy  by  emulation,  envy  and  jealoufieofthc  Dukes  of  So- 
 merset, Buckingham,  and  theQuccne,  a  bloody  civill  watte  thereupon  cniued  :  afrer  (n)Hau  Ant 
 which  (^)  Anno3£.  H.  6.  this  Duke,  by  a  folemne  award  made  in  Parliament  be-  38,and3^.H; 
 tweene  Henry  the  fixth   and  him  ,  was  againe  made    P  %OT £C  TOR     A  N  D  *,  f.  176,  to 
 REgENT  OF  THE  KlNgD%M.     By  the  Statutes  of  25  H.  8.  c.  22.  **l*  ?**>*»>?, 
 28*  //.8.C.7.  and  55.  H. 8.  c.  \  .it'is  evident,  that  the  power  and  Right  of  nominating  47°*   Grafi™> 
 aProteUorar.d  Regent,  during  the  Kings  minority ,  belongs  to  the  Parliament  and  P> 
 Ktngdeme;  which  by  thefe  tsfcls  authored  Henry    th    eighth,  by  hu  lad  IVill  tn 
 
 hifie- 
 
 b  r 
 
64  The  Parliaments  Intereft  in,  and  Right  to  nominate 
 
 BT   PARLIAMENT;  And  not  to  trouble  you  with  anymore  cximpJes  of 
 this  kinde,  Mr  Lanbard  in  his  tsfrchaion^.  135.    Cowellxn  his  Interpreter,  title 
 parliaments  Sr  Henry  Spelmanm  his  Cjloffarium^  tit,  Cdncellaritu  (  out  of  Matthew  \ 
 *  See  Matth,     fVefimmfter,  An.  1260.  1265*)  Francis  Thin^nd  Ho/i^yW,  vol.3,  col.  l07?.to  t  080. 
 raris.p,4H,     1175.10  1286.  and  Sir  Sdward  Cooke  in  his  inftituteson  MagnaChartaJ.ij^.ijf, 
 55^-559*  5^»  acknowledge  and  manifeft  ,  1  hat  the  Lord  Chancellor  ,  Treafurer, 
 Privy  Seale,  Lord  chief e  Iuftice  y* Privy  Counfcilors9Htretochs,  Sheriffs  y  with  other  ) 
 Officersofthe  Kingdom*  ofgnoland,  and  Qonff  ablet  of  C  aft  let  ^  were  ufually  elected  by 
 the  Parliament ^to  whom  O  F^^4  N  C  1 E  NT  %lgHT  THEIR  ELEC- 
 TION   B  S  LON  GET)  :  who  being  commonly  filled,  IW  Chancellor  yTrea- 
 f urery  and  chief e  Jaslice,  '&c*  O  F  EN  G  L  A  NDy  not  of  the  King,  were  of  right 
 elected  by  the  reprefentative  Body  of  the  Real  me  of  England  y  to  whom  they  were 
 accomptable  for  their  mifdcnjcanors.  Seeing  then  it  is  inoft  apparent  by  theprcmifes, 
 that  the  Parliaments  of  England  havefo  frequently  challenged  and  enjoyed  this  right 
 and  power  of  electing,  nominating,  recommending,  or  approving  all  publike  Of- 
 (f\     £        ■  ficers°frkc  Kingdome  in  mod  former  ages,  when  thcyfaw  judcaufe;  and  never  de- 
 i%]e\  cr*   nudedtucmfelves  wholly  of  this  their  intereft  by  any  negative  A&  of  Parliament  that 
 ^E^f.V    can  be  produced:  I  humbly  conceive,  it  canbe  no  offence  at  all  m  them  (confidering 
 (*)  la,  *.*,*■  our  prefent  dangers,  and  the  manifold  mifchiefes  the  Kingdome  hath  of  late  yeares 
 5,t.^.25c,ii  fuilainedbyevill  CounfclIers3Chancellors,Trcafurers,  Iudges,  Sheriffs,  with  other  >'i 
 coo{es  influ  0*  corrupt  publike  Officers)  to  make  but  arcodeftclaime  (by  way  of  petition )  of  this 
 /.sTr  Tl      tnc^undoubted  ancient  right,  nor  any  difhonourfor  his  Majcfty,  nordifparagement 
 ^66    *  to  his  royall  prerogative,  to-condifcend  to  their  rcqueft  herein,  it  being  both  an 
 
 (t)iE,].c,}6  honour,  and  benefit  to  the  Kingtobe  furniftied  with  fuch  faithful!  Counfei'ors.Of- 
 14.  £.  3,  c,  7.  ficers,  Judges,  who  fliall  cordially  promote  the  publike  good,  maintainc  the  Lawc.*, 
 andi2,i?,2.f.  andlubiecls  Liberties^  anddoecquall  iu/lice  unto  all  his  people,  according  totheir 
 x%E     'lat'z,  oatnes  anc*  ^ut'cs ';  unfaithfull  and  corrupt  officers  being  dangerous,  and  difhonou- 
 c,  *,  4  H.4,  c\  ra^e,  as  well  to  the  King  as  Kingdom,  as  all  now  fee  and  fee! e  by  wofuil  experience. 
 I8,2tf,c,  pat.  In  few  words  ;  If  the  (s)  Chancellors,  Iudges,  and  ether  Officers  power  to  nominate 
 2.  cy  i,83  R.i.  threeperfons  to  be  Sheriffc  in  every  County  annually  (of  which  his  Majefty  by  law  is 
 Cyf'-jQ  RaPas  bound  to  prick*  one %*lfe  the  election  is  void^as  all  the  *  Iudges  of  England  long  fince  re* 
 Title   Iufl ices  f°^e^)  and  their  authority  to  appoint  (t)  lufticesofthe  Peace ,  Sfcheatcrs,  with  other 
 of  Peace,  Cu-  under  Officers  in  each  Jhire,  be  no  impeachment  at  all  of  the  Kings  prerogative,  as 
 flomers,  &c.   none  ever  reputed  it ;  or  if  both  Houfes  ancient  priviledgc,  to  (v)  make  publike  Bills 
 (v) Modus te-  for  the  pub  like  we  ale  y  without  the  Kings appointment ,  and  when  they  have  voted  them 
 mm^'-H  .  for^aweSi t0  teffder  them  to  the  King  for  his  royallaffent,  be  no  diminution  to  his  So- 
 ihjbeds defcrip  veraignty  :  then  by  the  fclfcfame  region ,  the  Parliaments  nomination,  or  recommen- 
 tionof£^»</dationof  Counfellors,  State-officers,  and  Iudges,  to  his  Maiefty,  with  a  liberty  to 
 C-?>M73-       difallowofthcmiftherebeiuft  caufeafllgncd,can  be  no  encroachment  noriniury  at 
 and \Annals}  of  aj]  lo  ^js  ^jjeLlies  royalties ;  it  being  all  one  :n  effect,  to  recommend  new  lavves 
 &c?i  jac**7'  totncKH1g  f°r  ms  royall  affent,  when  there  is  need,  as  to  nominate  meet  Officers, 
 Mr*.  Hacirvels  Counfellors,  Iudges,  to  him,  to  fee  thefe  Lavves  put  in  liue  execution.   So  that  upon 
 manner  of       the  whole  matter,  the  finall  rcfult  will  be ;  That  the  Parliaments  claimc  of  this  their 
 paffing  Bill*,    ancient  right,  is  no  juft  ground  at  all  on  his  Maiefties  part,  to  fever  himfelfe  from 
 his  Parliament,  or  to  be  offended  with  them,  much  kffe  to  rails  or  continue  a 
 bloody  warrc  againft  them, 
 
 7U 
 
of  Bills  of  Common  Right  and  Iujlicefjr  the  Pubtikegood ,  $* 
 
 (*)Seefcii     ' 
 
 That  the  Km  a  h.'.tli  no  abfolute  Negative  voyce  in  the  faffing  &f Bills  M*jcftiei  A-i- 
 
 o]  Qmwun  Right  and  lufticcjt  r  the pnblikc good.    '  J^0  thc 
 
 THc  fourth  gic:.c  Objection  or  Complaint  of  the  King, Mali^nants,  RoyaUifls  CotBrnons  R«« 
 againHthcParliin.cn'  h  ;   That  they  deny  the  Ktnr  a  negative  Voyce  in  l\niia-  rr.onftraoce 
 ment  •    affirming  in  (y)  Ion  c  Declarations;  That  the  Kingly  bis  Coronation  Oath  Miy  it ,  ,^i, 
 
 utyyisb  ntnln  ]rtvr  bwoyal! dfent  to  (tich  publike  Bills  of Right  and  Iuflice,  as  00T,,cKc- 
 both  be  wy  tcdntccjf.ry  for  the  common  wealth ,  orfafety  of  tberi\ealmei   and  ™«  id"  °i 
 
 ought  not  r? rv/r#  r/xw  :  Which  is  (fay  they)  an  abfofurei'cnijllof  his  royall  Pre-  Comm-nj" 
 rotative,  not  cvci  quciiioncd  or  doubrcdof  in  farmerages.  May  2<^  anj 
 
 Tothis  lani.ver  firft  in  genera!!.  Thatin  molt  proceeding?  and  tranfa&ionsof  Nov-  1»  i^^. 
 Parliament  the  King  hath  no  cafting.  nor  abfolutc  ne^at  Y"  voyce  at  all;    as  namely  lN^,Scc  Athtt 
 hi  (c)  revcrfing  errohiotis  Iudgments  given  in  irferiour   Courts \   damning  ilicgall  6*  tC5>crrour 
 'Pat tent sy  Monopolies,  Impo/ittors,  £xAFtioristredrejf!ngt  removing  all  publike  grie-  \\  jACt  Ct  -•' 
 vances  or  particular  wrong* complained  of ',  ceufurmg  or  judging  Dtlincjuents  of  all  Cromptontlu.*  . 
 fort;  punijbin^the  Members  of  either  houfefor  offences  againfl  the  Huufes •   dec/a-  rifaiftion  of 
 ringiwhat  is  Law  in  ca-ts  of  difficulty  referred  to  the?  arhament  (oi  which  there  are  CoL^ft<;?  f* x* t9 
 {a)fundryprefdcnts.)\n  thefe,and  fuch  like  particulars, the  Kingnath  no  ivvaying  ne.  CemmoV 
 gttivc  YGice  at  ail}but  the  hou'.cs  may  proceed  and  give  ludecmcnc/ioconly  without  wealth".  1.  2  c, 
 trie  Kings  pcrfonallprelcnccor  aiTenc)as  the  higheftCourt  of  Iuftice, but  even  againft  l**i  i5. «♦$, 
 his  perfonall  Negative  vote  or  d  1  flfa (Fen t>  in  ci'c  hebeprcfent,as  infinite  examples  of  ?•*'*• 
 prcient  and  former  times  experimentally  manifeft  beyond  all  contradiction.     Nay,  £      tation.i.u 
 notonly  theParliamcnt;  butKingb  Bench,  Common  Picas,  Chancery,  and  every  7.RCgifltr! 
 inferiorGourt  oflultice  whatfoever,hath  iuchaPrivilcigeby  the  Common  Uw  and  Fol.  »7I- 
 (Jb)flatutes  of  the  Realm, that  the  Ki  ghimfelfhath  tto  negative  voice  at  all  fv much  as  irt$**i-  c,  \%. 
 toftaji  ordeLiyfor  tbejmalefl  moment  by  his  great  or  privy  feale  Any  legal  I  proceedings  l4,  £,^*f*  *' 
 init^ntuchleftctocoii  iterm-.ndyControlc^orreverfebyw'/rd  if  most  b  cr proclamation %  0rtu'cl  K**" 
 *ny  re  folutionvr  judgement  of  the  ludget  givsn  in  it  :     If  then  the  King  hath  noabfo-  are  borne  bo. 
 lute  Negative  overruling  voice  in  any  q!  his  inferiour  Courts;   doubtleflc  he  hath  yondchc  fcas. 
 lone  in   the  fopieumft  greaccft  Court  of  all  the  Pa;  Lament  ;  which  otherwifc  (b)  Magna 
 liculdbeofleflfc  authority  t  and  in  farre  work  con  iition  then  every  petty  feiiiorrs,  or  Charta.c,  29. 
 Court Baro.T  in  thcKingdome.  an/*  €»o{es  In- 
 
 Thelblequciiion  then   in  debate    mud  be ;    whether    the  King  hath  any  #*i  JJ*"1**'- 
 olute  Negative    ov:r-rulmg  Voice  in  the  pafft  gf  publike or  p'iv.ite  Bills?  £      **    14    i* 
 
 Forrclolving  whichd  )Lbc,we   muft  rh  lsdiltingu  (h  :   That  publ  kc  or  private  f.$.c.a.». 
 Jilis  are  oftwo  forts ,  Firfr,  Billsody  of  meeregtace  and  favour  ;  not  of  common  18  £.5.  ftat.j; 
 igh:;fuch  areallgcn?rall  pardons^Bills  of  naturalization,  indenization,  confirmation,  2oE  ^c»  *•*• 
 r  conccfTioo  of  new  Franchifcs,  and  Privileges  to  Corporations,  or  private  per-  !    'J"  c'  2* 
 >ns, and  the  like;  in  all  which  the  King,no  doubt,hath  an  abfolutenegatne  voice  to  ,  xR    *C,I^# 
 affcor  not  topalTcthemjbecaufethey  zizatls  of  meer: gracc{which  delights  to  be  ever  \'J  c°n /njA 
 ee  and  arbitrary  f)  becaufe  the  king  by  bis  oath  and duty ,  is  noway  obliged  to  ajfent  graruitanon 
 hereto ;  neither  can  any  jubjetls  of  ju.Qtce  or  right  reejmre  them  at  his  bands,  it  eft  gratia 
 ring  in  the  Kings  free  pewcrjs  difpence  his  favours  freely  when  a>id  where  hcpleafeth,  AuLu^-  Dt  ^a- 
 *d(c)cotrary  to  the  very  natureof free  grace  ,to  be  cither  merited  crcoftrained.Sccodly  tkra&Tlt**' 
 ills  ofcommon  right  and  juflice^  which  the  King  by  ducy  and  oath  is  bound  to  ad-  j.thcPariin.' 
 H.3.c^.?c  E.j.c.ja  rt.i^.ioa  K.^t.7. 1  ^ 
 
 I  naifliftcr 
 
65  I  bat  the  L\mg  bath  no  abfolute  Negdiilte  Ttoyce  in  the  faffing 
 
 ,  miniftcrtohis  whole  Kingdome  in  gcnerall,  and  every  fubjc6l  whatfbevcr  inparticu- 
 
 lar  without  denyall  or  delay  :  Such  are  all  Bills  for  the  prcfervation  of  the  publike 
 peace  and  fa  fety  of  theKingdome;  the  Liberties,  Properties,  and  Privileges  of  the 
 Subject ;  the  prevention,  rcmoveall,  or  punifhment  of  all  publike  or  private  grievances 
 roiichiefes,  wrongs,  offences,  frauds  in  perlbns  or  callings;  the  redreflc  of  the  defects 
 ©r  incon  veniences  of  the  Common  Law  ;  the  advancing  or  regulating  of  all  forts  of 
 Trades;  the  fpeeciy  or  better  execution  of  Juftice,  the  Reformation  of  Religion,  and 
 Eccleriavlicall  abuks,  with  fundry  other  Lawcs,  enacted  in  every  Parliament  a  s  occa- 
 sion and  neccflfity  require.  Jn  all  fuchBillsas  theft,  which  the  whole  (tatcin  Parlia- 
 ment fliall  hold  expedient  or  neceflary  to  be  palled,  I  conceive  it  ve  ry  dcare,  that  the 
 King  oath  no  abfolute  negative  voyecat  all,but  is  bound  in  point  of  Ofticc,duty,Oath, 
 Law,Jufiicc,confcience,to  give  his  royallaflent  unto  them  when  they  h a ve pa ifed  both 
 ,   ho(ufes,unleirehc  can  render  fuch  fubli a ntiallreaions  againft  the  pailrngof  them,  as 
 fhallfatisfiebothHoufes*  This  being  the  oncly  point  in  controvcrfie,  my  reafons  a- 
 gainft  the  Kings  abfolute  over-fwaying  negative  Voyce  to  fuch  kindc  of  Bills  as 
 thcfe,are; 
 ■(i)  % Sam. :  j.     Firt*,becaufe  being  Bils  of  eomon  right  and  Juftice  to  the  Subjc£h,the  dcnyal  ofthe 
 IV  W>F*  ^cya^  an^nt  untothem  is  directly  contrary  to  the  Law  of  God,  w\\)c\\(d)commandcth 
 £ft  i9l^t0ii    Kings  to  be  juft ,  to  doe  judgement  and. juftice  to  all  their  SubjcBs,  especially  to  the 
 Dan.^jj         epprcjfed  ,    and  not   to  deny  them  any  jutt  re  que  ft  for  their  relief e  9  proteUion  or 
 a  fhro*%  fppif  weHfare. 
 
 *9*>  l4*  Secondly,  becaufe  it  is  point-blanke  againft  the  very  letter  of  CMag na  Charta  (the 
 
 \oieu    *V*  ancient fundamentall Law  ofthe Realme,  confirmed  in  at  lean1  do.  Parliaments)  eh. 
 
 ml:  29-  WE  SHALL  DENY,  WE  'HALL  DEFLRRE  (both  in  the  future  tenfc) 
 
 TO  NO  MAN  (much  leffe  to  the  whole  Parliament  and  Kingdome,  indenying 
 
 ordeferring  to  pafle  fuch  neceflary  publikc  Bills)  JUSTICE  OR  RIGHT.  ALaw 
 
 which  in  terminis  takes  cleane  away  ,  the  Kings  pretended  abfolute  negative  Voycs 
 
 to  thefc  B ills  we  no w  difpute of. 
 
 it) fie  d  before,      Thirdly,  Becaufe  fuch  a  difaiTendng  Voyce  to  Bills  of  this  nature,  is  inconfiftcnt 
 
 sraflwjo  i .  c ,  with  the  very  (e)offce  .duty  oftheKing^andthe  end  for  which  he  was  inftituted  ito  wit  f  he 
 
 i>t,3-c*9F*Y-  *<jP(*llandfpcedy  administration  of  common  right  >  justice ,  and  affect  to  all  good  Lawes  for 
 
 ufcM.  ei9.  to    proteftion/fafety,  eafe,  and  benefit  of  his  Sub jetts. 
 
 y*  CM£':  j£      Fourthly,  Becaufe  it  is  repugnant  to  the  very  Letter  and  meaning  ofthe  Kings  Co- 
 JL'1-N  ronation  Oath  folemniy  made  to  all  his  Subje&s  ;  TO  GRANT,  FULFILL,  and 
 
 Defend  ALL  R1GHTFULL  LAWES  which  THE  COMMONS  OF  THE 
 REALME  SHALL  CHUSE  ,  AND  TO  STRENGTHEN  AND  MAIN- 
 TAINE  THEM  after  his  power.  Which  CJaufc  ofthe  Oath  (as  I  formerly  mini, 
 fct\cd  at  large,  and  the  Lords  and  Commons  in  theirRernonftrancesofcfl^  26.  and 
 (fjpAgeii.  (f)  Nov.t.  prove  molt  fully,)  extends  only,  or  molt  principally  to  the  Kings  Roy  ail 
 Hifr  ailent  to  fuch  new  rightfull  and  neceiTary  Lawef  as  the  Lords  and  Commons  in  Parlia- 
 
 ment) (not  the  Kingh'mifelfcJJhal/makrchoifeofi  This  is  infallibly  evident,  not  oneiy 
 by  thepra&ifeofmoft  of  our  Kings  in  all  former  Parliaments,  (efpecially  in  King 
 Edward  the  1,  2,3,4.  R**hm  2.  Hen.  4,  ^.  and  <5.  reigncs)  whereof  the  fitfi  tAtl 
 eommonly  inrvery  Parliament  was,  the  confirmation  ofLMagna  Charta ,  the  Charter  of 
 the  Fore #,  and all other  former  unrepealed  Lawcs ;  ^andtheu  follow  fundry  new  Ac~b 
 which  the  Lords  andCon^onsaiad*^  and  our  Kings 
 
 readily 
 
of  Sills  of  Common  (Rjgbt  and  lu\\ke  for the  pubhkegCuU.  67 
 
 Vented  to,  (confefling  f-A<rj  were  bound  to  do*  it  by  their  Cortnationoath  anddftty,  as  I 
 
 iillminifcft  prcfcntly  .)  but  likcwifcby  the  wordsof  the  Coronation  Oaths ofour 
 
 ncicnter  Kmgs,already  cited  in  the  fir  ft  part  of  this  Difcourlejand  ofourKings  Oaths 
 
 flatter  times:  Tht(g)  Coronation  Oaths  of  King  Edward  the  7.  and\.  remaining  or*  (g)  Sjc,  the 
 
 Record  in  French,  are  in  the  future  tenfe.    Sire,  grant  es  vons  a  tenir  et  garder  L  E  S  Kcmonflnfttffc 
 
 sPTS  et  Us  Confiumes  DROITVRELES  les  quiels  LA  COMM^ANTE  ^^J^ 
 
 \evofire  Royaume  sAVR  ESLV,  &  Us  defender  eret  aforcerer  al  honeur  de  Die  ft  *  ^'c,_"[[ '  ™°  J>. 
 
 '•fire  podrc?  3%  3<c,  3 
 
 Refronf.  Je  U  F  E  R  A  Ty  in  the  future,  too. 
 
 TheclcicRoIIofe^*.i.<K.  a.  M.  44.  recites  this  claufe  of  the  Oath  which  King 
 h)Richard  cock  in  thelc  words;  A  etiam  de  tuendo  &  cttfiodtendo  J  VST  AS  LECjES  Cj  W r^ 
 -jr  confuetndtnes  ecclefn,  ac  de  faciendoper  tpfum  DomtnumRegem,  eas  eft  protegtndas,  ^5f/    '•      » 
 IradbonoremDei  CORROBORA-KPAS  auxiVVLGVS  JVSTE  Et   RATT- ^{J*]^ 
 ONABiL  I T  ER    £  LEGERIT  juxta  vires  ejufdem  Domini  Regis ,  in  the  future  wl  ere  the 
 eiifc.  And  Roc:  Parliament,  1  H.^.n.  17.  exprciTeth  theclaufcirt  King  //W7  his  w:  ole  manner 
 "Utb,thus  :  Conceits  J  V  S  T  A  S  LECjES  &  confttetudines  ejfetenendat,  &fro-  cfh,s.r  oronV 
 mtttsperte  eas  ejfe  protegendts  &  ad  honorem  Dei  QO  R  R  O  B  O  R  A  NT)  A  S  ^^  "P" 
 OV  A  S   y~U  L  GV  S   ELS  G  E  R  IT  feemdum  vires  tnas,  Refpondebit ;  Con- 
 edo  &  Promitto. 
 
 In  the  Bookc  otClarencieux  Hanley,  vvhoiived  in  Kingf/irarjthcS.  his  rcJgne, 
 Jul  claufe  ofthe  Oath  (which  this  King  is  faid  to  take  at  his  Coronation)  is  thus  ren- 
 ted in  Englifh  :  mil  yon  GRANT,  FVLFILL,  defend  tALL  RIGHjFVLL 
 LAWES  and  Cufiomes,  the  which  THE  COMMONS  OF  TOVR  REAL  ME 
 KH  ALL  CHVSE  (in  the  future,  and  where  but  in  the  Parliament  Houfe  when 
 md  where  they  meet  together  to  make  good  Lawe-  ?)  4nd  Jhall fir engt hen  and  maintaine 
 otheworfripof  God,  after  your  power?  The  King  fhall  anfwer ,1 grant  and  behete .  But 
 ha:  which  ruts  thispaft  all  doubr,  is  the  Coronation  Oath  of  King  Edwardzhc  6.  thus 
 »l:orcd  by  the  Lord  Protcftour  and  Kings  Counfcll  in  words,  6u:  not  fence.  Doe  you 
 %rant  to  make  NO  NEW  L  AWES,  bmfttchas  S  H ALL  BE  to  the  honour 
 und  glory  of<]od,**dtothe  e^ood  ofthe  Common-  wealth,  and  that  the  fame  S  HALL 
 
 be  otfAVS  by  consent  of  tovr  people,  tA$  hath  been 
 
 ^aCCVStO  MET)  ?  Where  this  claufe  ofthe  Oath,  refcrres  wholly  and  onely  to 
 cHturer.cw  L  AWES ,  tobechofen  and  made  by  the  Peoples  confenr,  not  to  L awes  for- 
 mctj'y  cnaAcd.  And  certainly  it  muft  do  fo,  elfe  there  would  be  much  Tautology  in 
 this  fhortfolcmneOatb,  unfucable  to  the  grave  wifdorae  and  judgement  of  an  whole 
 Kingom  to  prelcribe  and  continue  for  fo  many  ages,and  for  our  Kings  in  difcrecion  to 
 take  .*  For  the  firlT  claufe  ofthe  Oath  both  in  chc  Latin,  French,  and  Englifh  Copies 
 of  ancient  and  prefent  times,  is  this  Sir  will  you  grant  and  keep,  and  by  your  Oath  con- 
 frmc to  the peopleof  Enghnd;  THE  LAfVES  ^AVJ)  frSTrjMES  GR^f\- 
 TED  70  THEM  BTtANcIENT  KINGS  OF  ENGLAND, rtghtfull meny 
 anddevont  to  CjoA  ,  and  namely  the  Lawes  and  £ufiomes,  and  Fravchifes  granted  to  the 
 Clergy  and  to  thcpeople  by  the  glorious  King  Edward,  to  your  power?  Which  Claufe  re- 
 lating to  all  La  wcsai  d  Cuftomes  granted  by  former  Kings  to  the  people  ;  if  this  lat- 
 ter ciaufc  fhould  be  in  the  preterter.ee  too ,  HATH  CHOSEN  ( as  the  King  and  his 
 miftaken  Ccunfelobjeit)  it  wouM  be  a  rnecr  Surplufagc,  or  Battology,yca  the  fame 
 infubftancc  with  the  firft  part  ofthe  Oath,  and  our  Kings  fhould  be  onely  bound  by 
 
 I  2  fkir 
 
68         That  the  Kjng  hath  no  abfolute  Negative  yqyce  in  tbepafsing 
 
 their  oathes  to  obferva  their  Anceftors  Lawe5,not  their  owne  as  they  now  argue, 
 ( the  reafon  perchance  why  the  Petition  of  Right ^and  our  other  new  La  wes  are  fo  ill 
 obferved)  which  is  ridiculous  to  imagine.    And  where  s  they  obiewt,that  the  word 
 C  V  S  T  O  MS  joyned  to lawesin  the  laft  claufe  y  cannot  be  meant  offuch  Cuftomes 
 M  the  people  [hall  chufe after  the  Oath  made,  becaufe  all  CuHomes  are}  and  muft  be  A 
 time  out  ofmmde.  The  Anfwer  is  very  eafie ;  For  Cuftomes  Uci  care  not  taken  Itri&Iy   | 
 for  ancient  ufages  time  out  of  minde ;  but  for  Statutes,  Franchifes,  juft  Liberties yoz   ' 
 Taxes  fox  the  Kingdoms  defence, chofen  &  frccly(grantcd  by  the  Commons  or  people, 
 and  to  be  confirmed  by  theKing  in^arliamenrjas  appears  by  the  fiift  claufe  of  the  oath, 
 the  laws  &  cuftoms  granted  to  them  by  the  ancient Kings oj r  England.  And  by  (i)B  ration  \ 
 (j)  lb+i.  *.*.  himleJf  who  expounds  this  claufe  of  the  oath  to  relattto  future  Laws,  newly  madeby  I 
 f>lb-  ourKings  after  their  Coronation*,  in  this  obfervablepailagc.   Hujufmodi  vero  leges 
 
 ^Anedicana  C^CONSVETVDINES,  regum  authoritatciubent  quandoque,  quan-  J 
 dcqjvetant,  &  quandoque  vindicant,  &  punlunt  tranfg^ejfores ;  quas  quidem  cum 
 FVERINT  APPROBATE  CONSENSV  VTENTiVM  ET  SACRAMEN- 
 ^nAfifue*  TO  R£GVM  CONFIRMATiE,  mutari  nonpoterunt  nee  deftrui,  SINE  COM* 
 ^rf.amU/^MVNI  GONSENSY  EORVM  OMNIVM,p^w  CONSILIO  ET  CON- 
 TitleCupme.  SENsV  FVERVNT  PROMVLGAT^.  Now  no  Cuftomes  properly focalled, 
 &  Frefcription.  can  commence  by  way  of  grant,  efj-eciallyof  the  King  alone;  but  only  by  the  people 
 Coofesinpt*  an£  common  ufage  for  a  good  jp ace  cftime  (as  the  (fuftomes  of Gavell^tnde,  Burrough 
 °n>f*  v^Jun.  *„ac..s\.  ,r-  never  granted  nor  commenced  by  Charter  or  Act  of  Parha- 
 
 _   -  7* *3,|t"     ment,  did ;}  and  if  the  Kino  by  (Charter  or  Ac~l  of  Parliament,  Jbould  grant  a  new 
 
 Cuftome,  before  it  were  a  Cxftome  in  thisfenfe  %  it  would  be  utterly  void  in  law,  becaufe 
 
 (I)  Coo\es  Iuftit  t'kere  was  no  fuels  cuftome  then  in  bcing^and  no  gram  draft;  can  make  or  create  a  cttflome 
 
 on  Littleton  f.  or  prefCription  that  had  no  former  being.    1  hereforc  Cuftome  in  this  oath,  coupled 
 
 58.fr.  ancU  ^e  ^.  ^  .^  ^^  reaforiabte^mufl  needs-be  meant  only  offuch  iirft  and  rezConabkftatutes,  . 
 
 cited  Reiiflir.  liberties,  penalises  ^immunities  yaides,  taxes \orfervi:es  for  the  fubjecls  cafe  and  bene- 
 
 f.  jjj.  Briefe  d$  ft, and  the  publike  (ervice^  as  they  upon  emergent  occaiiorw  fiiall  make  choice  of  in 
 
 coysVEfF-  Parliament ;  of  whofciuimefieand  reaionabienefTe  not  the King  alone,  but  the  grand 
 
 PlNiBys  &  Councell  ofthc  Kingdom  fafle.nbled  in  the.  Parliament,  to  this  very  end,  to  iudgc  of, 
 
 Jtrvms.  make,  and  affent  to  iuft  and  profitable-Laws)  arc  and  ought  to  be  the  proper  Judges, 
 
 as!  havcelfwhcrernanifeflei;  and  the  very  words  ofthc  oath,  f>)V  AS  VVLqVS 
 
 ELlCSRIT,  to  which  juft  as  leges  &  cor, fuetudines  relates,  reiblve  beyond  contrs- 
 
 dic-ticn.  And  King  David  and  <~Ackijk  both  were  of  this  opinion,  iChron#i3.i.  to 
 
 6. .2 Sam. i-8.  2,3,4.  l  Som.  2p.2.-toii.  and  /Cing  He^ekiah  too  a  Chron.  30,  r«  to 
 
 7.  25.  yea  Godhiwfelfe,  and Sauuel toon  Sam.  8  4  to  the  end. 
 
 Fifthly,  Becaufeit  is  diredly  cc  ntrary  to  the  preambles  and  recitals  offuadry  A6ts 
 of  Parliament  in  moft  of  our  Kings  rcigncs  comprifing  the  two  JaR  rcafons.  To  in- 
 Now  MaU.     ^ance  m  fomefew  of  many  :  the  ancient  ftatutesof  *  CM trlbridge  begin  thus.  Th« 
 mn*$.  yeare  of  grace  1267.  for  the  better  eftate  of  the  Realme  of  England,  and  for  the  more 
 
 Jpeedy  miniftration  of  Iuftice,  AS  BELONGETH  TO  THE  OFFICE  OF 
 A  KINGj  the  more  difcreet  men  of  the  Realme  being  called  together  y  as  well  of  the 
 higher  as. aft  heJower.  eftate '■:  It was  provided^  agreed;  and  ordained ,  that  whereas  the 
 Realme  of-Uuhadbetne  difejnieted  with  manifold  troubles  and  diftracl ions,  for  re- 
 formation whereof  ft  a<utes,  and  lawes  BE  RIGHT  NECESSARY,  whereby  the 
 ft  ace  and  tranquility  ofthepeaflewaybe  confervfd^  whsrfin  the  King  intending  to  de* 
 
 vifi 
 
of  Bills  of  Common  Right  and lujlicc  for  the  publke  good.  69 
 
 vtjecenvenicntremedy  J\ub  mad:  the fe  Alls undo  written.  The  fhtutcsor*3  Edw.i .  *"$*.&$     . 
 paretic  Prologs.  Thefett  the  Ails  of  Kir.  t  iTckvard,  &c.at  bid  finfl  Parliament  W  • 
 
 genera.'!  a  fer  bn  (for -m.it  ton.    BtCOuft  our So '  er  none  \.nrdthe  King  hath  grcai  X*i*l 
 'tndtfnc  u>  etlre  fie  the  (Lite  oj ''[be  P^xlm  in  (uch  things  AS  RE  QVIRED    AMEND- 
 ME  N  T  for  the  common  profit  of  the  holy  Church  ,(i;;  a  of  the  Re. lime  CC  the  Ktng 
 hath  ordained  and  efi.il 'lifted  tbefe  Afis  underwritten,  which  he  tvtendetb    TO   BE 
 NECESSARY   AND    PROF  I  rABLE  unto  the  whole  Rralwc.    And  cap.  17.  ill 
 the  Marches  of  Wales,  aiidcllevvhere,  where  the  Kin? s  Writs  be  not  currant,  the  Kin* 
 which  is  chiefc  and fovcr  aigne  Lord  the^e ,  SHALL    DOE    RIGHT    THERE  unto 
 fuch  as  widcomplahe.  A  nd  cap.  48.  *  The  King  hath  ordained  thefe  things  unto  the  ho- 
 nourofQody  and  holy  (fburcb,  and  for  the  commonwealth  .ind  for  the  remedy  of  fuch  as  *  *n  *"c  "•*■ 
 le  crnezrd;  and  for  as  much  as  it  is  (Treat  chant  j  (  which  is  ofc  times  put  for  Iufiicey2s  V*tc*  *  l„but 
 here     TO  DOE  RIGHT  VNTO  ALL  MEN  AT  ALL  TIMES  WHEN  NEED  SHALL  p.fa  Meg" 
 B  E  bjafient  ofall&c.n  was  provided.  The  ftatute  oliCjlnccfttr  in  the  6.  year  of  A'ing  cbartatu 
 Edw.i.  is  thus  prefaced.  fV  the  great  mi f chiefs  and  difinhcr  if  on  s  that  the  people  of  the 
 Realme  of  England  have  heretofore  fuffered  ,    throught  default   of  the    f*W  that 
 failed  m  divers  cafes  within  the  faid  Realm;  our  f over  aign  Lord  the  King  for yt he 
 Amendment  of  the  land ;  for  the  reli'fe  of  his  people  y  and  to  e/chemmuch  mifcbtefsydaw- 
 magesanddif-inherifons ybatb provided  eftablifbed  thefe  A  els  underwritten^  willing 
 and  commanding  that  from  henceforth  they  be  firmely  kept  within  this  Realme.      The 
 Statutes  o\fVcfiminsler,it  in  hi!  13.  year  begin  thus.-  Whereas  of  late  our  [over  aigne 
 Lord  the  King ,  Ore.  calling  his  Conn  fell  at  (j  beefier,  andconfidering  that  divers  of  this 
 Realm  were disherited ,  by  reafon  that  m  many  cafes,  where  remedy  fjould  have  been 
 hdd^therewas  none  provided  by  him  nor  bis  Pre-decefjors,  ordained  cert ai/ie  ftatutesy 
 right  necefiary  and  pro  fit  able  for  bis  Realm,  whereby  the  people  of  England  and  Ireland 
 have  obtained  more  fpeedy  lufiiee  in  their  oppreffions  then  they  had  b  fore ,  and  cer- 
 taine  cafes  (  wherein  the  law  failed  )  did  rematne  undetermined  ,  and  fome  remai- 
 ned to  be  enabled  that  were  for  the  reformation  of  the  oppreffions  oj 'the people;  our  feve- 
 r  aigne  Lord  the  Kings*  his  Parliament  holden  &€.  the  1  %)ear  of  his  reipn  at  Wf(lm. 
 canfed  many  oppreffions  of  the  people,  and  defaults  of  the  law  es,  for  the  Occam}  h  foment 
 efthefaiifiatutesofCl'Jcefl.te  be  rehearfed,  and  thereupon  did  provide  ccrtame  Ads 
 herefollowing.lVc  ftatuieof  J^uo  fVarranto,A\\\  27  8. (the  6.  year  of  this  ATing,  made 
 at  G!oceft.)hath  iWuexordium.TbeKinghimfelf providing  fir  tbewealtb  ofbtsRealm, 
 and  the  more  full  adrnmifiration  of '  In  ft  ice,  AS  TO  THE  OFFICE  OF  A  KING  BELON- 
 GETH;  the  more  difcreetnten  of  the  Realm,  as  well  of  high  as  of  Low  degree  being  called 
 1  r,it  was  provided  or-f  .The  ftat.of  Torkj.2  E.i  hath  this  P  rologuc.  For aj 'much  as 
 people  of  the  Realm  of  England  and  Ireland  have  heretofore  fuffered  many  time  J  great 
 mif chief S yd*m*ge and  dtfienfon  by  reafon  that  in  divers  cafa  where  the  law  failed,  no 
 rcmedywaspurveyedo^c.ourfiveraignLyrdtheKingd.firinglH\TK\GHTBEDONE 
 TO  HIS  VEOPLEatbtsParl.boldenat  T or kj&c. bath  made  thefe  Acts  &  (latuteshere 
 following,the  which  he  willeth  to  beftrattly  obferved  in  his  faid  Realm,  In  9.  Ed,  3.  in  a 
 Parliament  held  at  Tor  k.*  the  Commons  de fired  the  King  m  the  faid  Parliament  by  thtir 
 Tetitionjhat  for  the  profit  andcommodtty  of  bis  Prelate* , Earls ,  Barcr.s,and  (fommons  *  Thepro- 
 ofbis  Realm  jt  may  pleafe  £*w,WTTHOVr  FVRTHER  DELAY, ///w;  the  faid  grievances  V,uean  i  c>v 
 and  outrages  to  provide  remedy:  our  f over  aign  L*  the  K.  defiring  thefrofit  of  his  people 
 iythesfient  of  bis  Prelates  &c%vpon  the  fa$dtbingsdifclofed  to  him 
 
 I  3,  jR*! 
 
o  That  the  l^ing  bath  no  tbfolute  Negative  Tpoyce  in  the  paffing 
 
 great  hurt  of the  faid  Prelates  &c.  and  oppreffion  of  his  Commons, hath  ordained  andefta- 
 bltjhed  &c.  In  i  o.  £.  3.  ft  at.  1 .  there  is  this  introdu&ion.  Becaufeonr  Soveraigne  Lord 
 theKingEfiw.  3.  WHICH   SOVEREIGNLY  DESIRETH  the  maintenance  of  his 
 piace^andfafeguardof his  people, hath  perceived  at  thecomplaintof  the  Prelates jEarls, Ba- 
 rons,and  alfo  at  thefhewing  of  the  Knights  of  thefhires,andthe  Commons  in  their  Petition 
 put  in  his  Parliament  &e.  divers  opyrefjioxs  andgritvances  done  to  his  people  &c,  COVE  - 
 TING  to  obventthe  malice  of fuch felons  3and  to  fee  a  cov enable  remedy ,hath  ordained  &c% 
 for  the  quietneffe  &  peace  of  his  people  that  the  articles  underneath  written  be  kept  and  main* 
 tainedin  all  points   1 4  £.  3.$  at.  1 .  7<?  the  honour  oftfod  &c.  the  King  for  peace  and  quiet- 
 neffe  of  his  people  ,as  well  great  as  fmall,doth  grant  and  eftabltfh  the  things  underwritten. 
 The  like  we  ha  vein  i$.E.$.Stat.  1.  and  in  this  Kings  Proclamation  for  revoking  it, 
 there  ischispaffaoe;  Wee  eonfidering ,  how  BT  THE  BOND  OF  OVR  0<AfH 
 wS  BE  BOVND  TO  THE  OBSERVANCE  tAND  DSFEXfE  OF  THE 
 LA&SS  ssiND  CVSTOMSS  OF  THS  REALmS,&c.  So  in  20.  E.  ?.  Be- 
 czufcthat  by  divers  complaints  made  to  us,  we  perceived  that  the  Law  of  the  land  which 
 WE  BT  OVR  OATH  BE  BOVND   TO   Utf*/f  INTAKE  is  the  leffe  well 
 kept,and the execmionof the fame dtftnrbedmany times,  &c.  WE  GREATLT  (JMQ- 
 VET>  OF  CONSCIENCE  IN  THIS  CHATTER,  and  for  this  caufe  defiing 
 asmuchforthepleafureofGodandeafe  andquietneffe  of  our  SubjeEls  AS  TO  SAVE 
 OUR  CONSCIENCE  AND  TO  KEEP  OUR  SAID  OATH,  by  the  afent  of 
 the  great  men  andother  wife  men  of  our  Counfell,  me  have  ordained  thefe  things  following. 
 2  «$ .  E.  3.  e.g.  That  in  no  wife  yeomit  the fame ,  as  ye  love  m  andthe  Common  wealth  of  this 
 Realme.  2  5 .  £.  3  .ft at.  2 .  Becaufephat  Statutes  made  and  ordained  before  this  time  have 
 not  been  h olden  and  kept  as  they  ought  to  be,  the  King  willing  to  provide  quietneffe  arid  com* 
 Monprofit  of  his  people  >by  the  affcnt,&c.  hath  ordained  and  efiabltfhedthefo  things  under  * 
 written.  The  paffage in  che  Statute  of  Provifirs,  25.  E.  3.  Patliam.  6.  is  notablf, 
 Whereupon  the  faid  Commons  haveprayedour  Soveraigne  Lord  the  King,  that  S  IT  H 
 THE  RIGHT  OF  THE  CROWNS  OF  ENGLAND ,  t>AND  THE  LAW 
 OF  THE  SAID  REALMS  IS  SVCH,  that  upon  the  mifchiefes  and  dammages 
 which  hapneth  to  hU  Realme,  HE  OUGHT  AND  IS  BOUNDEN  OF  THE 
 ACCORD  OF  HIS  SAID  PEOPLE  IN  PARLIAMENT  THEREOF  TQ 
 MAKE  REMEDY,  AND  THE  LAW  OF  VOIDING  THE  MISCHIEFS 
 anddzmmages  which  thereof  commethy  that  it  may  pleafe  him  t hereupon  to  or daine  reme- 
 dy.   Our  Soveraigne  Lord  the  King  feeing  the  mifchiefs  and  dammages  before  named  y 
 and  having  regard  to  the  Statute  ,made  in  the  time  of  'his  (j  rand- father,  and  to  thecaufe 
 containe  din  the  fame  ;  which  ftatute  alwayes  holdeth  his force,  and was  never  defeated,  nor 
 annulled  in  any  point ;  and  by  fo  much  AS  H  E  I  S  BOUNDEN  BY  HIS  OATH 
 TO  DOE  THE  SAME  TO  BE  KEPT  AS  THE  LAW  OF  THIS  REALME 
 though  that  by  fufferanee  and  negligence  it  hath  been  attempted  to  the  contrary;  alfo  ha- 
 ving regard  to  thegrievow  complaints  made  to  him  by  his  people  in  divers  his  Parlia- 
 ments holden  heretofore,  willing  to  or  daine  remedy  for the great dammage  and  mif chief es 
 which  have  hapned  and  daily  doe  happen  to  the  Church  of  England  by  thefaidcaufe ;  By 
 afent  of  the  great  men  and  Commonalty  of  the  [aid  Realme9te  the  honour  of  God  and  profit 
 :  of  the  faid  Church  of  England,  andofallhuRea/me,  hath  ordered  and  eslablijhedy&c. 
 2  3  *  E .  3 .  The  King  for  the  common  profit  of  him  and his people 3  &c .  hath  ordained.  3  $. 
 E.  5,  1 0 the  honour  andfhafure  of Cjod>  and  the  amendment of the  eutrag/ous  grievances 
 
 and 
 
cf  Bills  of  Common  Right  and  luftitejor  the  publikcoootL  y  i 
 
 Tndopprefions  done  to  the  people,  andmreltefeof  their  eft  Ate, King  £dward,&c.  granted 
 for  him  >™d  his  Ueires  for  ever  thefe  zsfrtscles  underwritten.    \  *  R .  2 .  7  o  the  honour  of 
 Cod  andreverence  of  holy  Church,  for  to  nounfhpe.xe,  unity,  and  concord,  u:  ull  the 
 parts  within  our  Realme  of  England,  which  we  doe  much  defire  ;  wee  have  ordained,  &c. 
 2.  K.  2.  For  the  honour  of  God y  and  of  holy  Church,  and  for  the  common  profit  of  t. be 
 Realme of 'England,  our  Sovcraigne  Lord  the  King  hath  ordained,  &c .  for  the  quietneffe 
 ofhtsfaid  people  the  Statutes  and  Ordinances following, &c.  cip.  2.  (with  2..  H.4  c.  \.) 
 Our  f over  aiW  Lordthe  King  greatly  dc firing  the  tranquility  andejuietneffe  of>ispcop  c, 
 willeth  and  *ftrattly  commandeth,  that  the  peace  within  his  Realme  of  England  be  fur.   , 
 Qhfcrved  andk£pt\fo  that  all  his  la\xfill  fubiells  may  from  henccfjrth  f^fcly  andpeaceail; 
 (roe,  come,  and  dwell  after  the  Law  andufage  of  the  Realme,  and  that  lufticcand  rigi  t 
 *be  indifferently  mwiftred  to  every  of  his  fatdfubi eels,  as  well  to  the  poor  e  as  to  the  rich  ;.  1 
 his  Courts.    1 .  H.  4.  Henry  by  the  Grace  of  God,  &c.  to  the  honour  of  God  and  revc 
 renceofholy  Church,  for tonourijh peace, unity, andconcordof  allparties  wtrhi,: tie  Re., 
 cf  England,  andfor  the  relief e  and  recovery  of  thefaid  Realme,  which  now  late  hath  be 
 mifchtevoufly  put  to  qreat  ruwe  ,mifclytefe  and  dcfolation,  of  the  affent,  &c.  hath  m.ide  a  > 
 eftabltjhed,&c  6  H.  4-c«  1-  For  the  grievous  complaints  made  to  our  fovcraignt  L01  u 
 the  Khig  by  his  Commons  oft  he  Parliament  of  the  horrible  rmfehiefs  and  damnable  cu- 
 fiome  which  is  introduced  of new ,&c :  Ourfoveraign  Lordthe  King  to  the  Honour  ofijod, 
 at  well  to  efchew  the  dummage  of  this  Realme,  as  the  perils  of  their foules  which  are  to  be 
 advanced  to  any  Archbtjhoprtckes  or  Bi{hopric^s,&c.  hath  ordained.  Dives  inch  rcci 
 tails  arc  frequent  in  moil  of  our  flat  utes  in  aU  Kings  raignes,  mz.^j.E.  a.c.  2^,4,  f. 
 3.R  i.e.  3.  5.  R.  2.  Stat.  1.3.  6.R-2.Stat.  I.  7.R.2.  2.R.2.  (For  the  common  profit 
 of  the  f aid  Realme  and  cfreciallyfor  the  good  and  tuft  government  and  due  execution  oft  he 
 common  Laiv  jt  is  ordained,CSc.)  1  O.  R.  2.  Prologue&  c.j .  1 1.R.2.C  1.  12  R.   .  1:. 
 K.t.'Trologue  &  c.  3.^,*.    14.  R.  2.  U.R.2.  LH.4.&  5.  c.  7.   1.  H.  6.  8.H.60 
 Trologue&Ciy    io.H.6.c.{.  I2H.6,C.I2.    29.  H.6.  Prologue  I.R.5.C.2.  6.  g. 
 j.H  7-C.5    11.H7.ci8.  But!  rhallconcludewichfbmcmorepun^uallones.^g  E. 
 3.  fiat,  c  1 .  2,  To  nourish  love, peace,  and  concord  between  holy  Church  andthe  Realme 
 and  to  appeafe  and  ceafe  the  great  hurt  and  perils  and  importable  loffes  and  grievances  that 
 have  been  done  and  happened  m  times paft,  and  fall  happen  hereafter,  if  the  thing  from 
 henceforth  befuffered  topaff  &c.   for  which  caufes,  and  difyenfeng  whereof,  the  ancient 
 laves,  ufages,  cuftomes  ,andfi*xchifes  of  the  Realme,  have  beene,andbe  greatly  appaired, 
 blemijhed,  and  confounded, the  Crown  of  the  King  mintfhed,and  his  perfonfal fly  defrauded, 
 the  treafure  and  riches  of  his  Realme  carried  aivay,  the  inhabitants  and  fubjetls  of  the 
 Realme  tmpovenfhed%  troubled  &c  the  King  at  his  Tarliameht&'c .  having  regard  to 
 the  quietneffe  of his  people,  which  he  chiefly  defer  eth  to  fu  ft  awe  in  tranquility  and  peace,  . 
 to  ^ov  erne  according  to  the  Lawes,  TJfages,  and  Franchifesof  this  Ltmd,as  HE    IS 
 BOUND  BY  HIS  OATH    MADE  AT  HIS  CORONATION;/*//*^  r/;r . 
 way  es  of  his  'Progenitors,  which  for  their  time  madecertaine  good  Ordinances  a;?d  pro- 
 vifions  agatnft  the  faid grievances  &c.  by  the  affent  &c  hath  approved,  accepted,  and 
 confirmed  &c,  3  R  i.e.  7  Becaufe  the  King  hath  perceived,  as  well  by  many  complaints 
 made  to  him,  as  by  the  perfect  knowledge  of  the  thing  &c,  the  King  de f ring  f over  aignly , 
 the  peace  and  eyutetneffe  of  his  Realme,  and  his  good  Lawes  and  [  uft  ernes  of  t  he  fame,  and 
 the  Rtghcs  of  hi:  Crowne  to  be  maintained  and  kept  in  a  11  points  \  and  the  offenders  duly  r: 
 **  chafttfed  *ndf>mjbed>  AS  HE  IS  SWORNE  AT  HIS  CORONATION, 
 
 h 
 
72  That  the  Kjng  bath  n$  tbfolnte  Negative  Troyce  in  the  pafsing 
 
 by  the  affent  of  aH  the  Lords  &c.  hath  defended  &c.  is4nd  moreover  it  is  ordained  and 
 eflablijhed  &c*  3R.t.  Rot.Yarl,  AW.38.  &  40. The  Commons  d'finng  a  grant' 
 of  new  power  to  lujlices  of  Peace  y  to  enquire  into  extortions ;  the  Rifliops  conceiving 
 it  might  extend  to  them,  m*  de  their  protefvation  again  ft  tk  is  new  grant  \yet  pro te Tied 
 that  if  tt  were  reftrained  only  to  what  was  law  already }  they  would  condifcend  to  it 
 but  not  if  it  gave  any  new  or  further  power ,  The  King  anfwers,  that  notwithslandm\ 
 their protection  tor  any  words  cont- wed  therein,  he  would  net  for  be  are  topaffe  this 
 new  grant,  and  that  BY  HIS  OATH  AT  HIS  CORONATION  HE  WAS 
 OBLIGED  TO  DO  IT.  Arid  6  H.6.c^.  We%for  as  much  as  byreafqnof  our 
 Regaltty,WE  BE  BOVNDEM  TO  THE  sAFEGVARD  CF  OVR  REALM 
 round  about  ^willing  in  this  behalf e  convenient  hafiy  remeay  to  be  adhibit e,  b«ve  ajficr* 
 neJly<$>c.  Bythefe>  with  infinite  fuch  like  recitalh  in  our  ancient  and  late  ftatutes  in 
 the  Kings  owne  Proclamations,  CommifTions,  yea  and  in  writs  of  taw  (wherein  wee 
 /  )R  ifter  findthciecxpreffions;  (a)Nos  ejuifinguhs  de  regno  noslro  in  EXHIBIT  ION  E 
 pa« »£ 7,c\  IFSTITI^£  SVMVS  D EB ITOKES ;  planam  &  ccUremyuftitiam  exhiberefaci. 
 j<«  a.  as .  (b)Nosvolevtes  tjuofcunejue  legios  ncfiros  in  curiis  no  sir  is  &c,  juflitiam  fibi  &c% 
 
 (Jb)  ibid/.  10,  nullatenusdijferri.  Ad  juflitiam  tnde  reddendum  cumomni  eeleritateprocedatis  (c) 
 38.6.i*7'  h.      jyof  0pprejfl0nesyduyitiasjdamna  excejfus,  &  gravamina  fradttta  nolentetrcltnquere 
 ffiw'df   u  ™p""'t«;  wlenteftue  SALVAT ;ONI  &   QVlETI    POPVLI   NOSTRI  hac 
 kjnfi***       fane  PROSPiCERE      VT      TENEMVR  ;  eidem  ceteris  jvslttU  comments, 
 (d^lbiif  41   &'  debitum  grfcftinumiuflitia  comptementum  fieri  fades .  (d)  Nos  huiufwodi  pram- 
 i, 43. Wee/,  '  dicio  precavere  votentes^ront  ASTRlNqiMVKlVRAMENTI    VINCVLO. 
 6c.  co  6  ;•         Qnia  tudicia  in  curi*  no  fir  a  cito  reddita  infui<rob  or  thus  manwteneri  volumus  Qrdefendi 
 prout  AD   HOC  IVRJMENTl  VINCVLO  A$r%lNGIMV%^  &  TENE- 
 MVR.&Cy  It  is  moft  apparent,  that  the  Kings  of  England  both  by  their  oath,  du, 
 ty,  and  common  right,  even  in  point  of  juftice  and  confcience,  are  bound  to  afient  to 
 all  publikc  A&s  as  arc  really  neccflary  for  the  peace,  fafcty,  cafe,  wcale,  benefit,  pre- 
 vention of  mifchicfs  and  redrefieof  grcivances  of  all,  or  any  of  their  fubjeeb,  without 
 any  tcrgiverfation,or  unncceflary  delayes,  vvhen  they  are  parted  and  tendered  to  them 
 bybothHoufesjaadthatinfucha&sas  thefcthey  have  noabfolutc  Negative  voice 
 at  all,  but  ought  to  give  their  fpeedy,  free,  and  fall  confents  thereto,  unlcflethcy  can 
 giv«  fatisfa&ory  reafonstothe  contrary* 
 
 Sixthly,  AUour  ancient  Things  of  England,as  the  premifes,  with  all  publike  ufc- 
 full  ftatutes  ena&ed  in  their  rcignes  evidence,)  have  alwayes  ufually  given  their  free 
 and  full  confents  in  Parliament  to  fuch  publikc  adts  as  thefc,  without  deniall  or  pro, 
 tradlion,  conceiving  they  were  bound  by  oath  and  duty  Jo  to  doe ;  and  if  they  ever  deny- 
 cd  theirroyall  aflcnts  to  any  Petitionsox  Bills  of  the  Lords  and  Commons  of  this  na- 
 Cure^they  alwayes  gave  fuch  good  reafons  for  it  as  fatisfied  both  Howfes  :  witnes 
 their  anfwers  to  infinite  Petitionsyct  extant  among  the  Parliament  records.  There* 
 fore  the  King  now  isas  muchobligedtheretoasthcy. 
 
 Seventhly,  If  the  King  in  poir.t  of  law,  fhoud  have  an  abfolute  negative  voice 
 in  denying  his  affent  to  publike  Bills  of  mecre  right,  and  juftice ;  then  he  fhould  hava 
 power  by  law  to  deny  juftice  and  right,  and  to  doe  wrong  and  iaiuttice  to  his  people  ; 
 a  prerogative  which  neither  Cod  himfelfe,  nor  any  la  wfull  Monarch  ever  yctchalcn- 
 "Apoifcegmt  gc<* ;  but  renounced  with  greatcft  dctcftation.  I  read  in  *Ptutarcb  that  when  a  flatte- 
 rer faid  to  king  zsfntigonutythat  all  things  were  honefi  andinftto  Kings  %  heanjweredi 
 
 enl\ 
 
 j 
 
II  \  -•  ^^ — -     ■  ■  • 
 
 of  Bills  of  Common  Right  and  Inflict  for the  publike  good.  73 
 
 ^7ndrc:<  ncfi  thtr!Zs  *re  t0  bc  ICCmUtdfi*  b  m&$% 
 
 fennft:  And  that  '.  It  rotatmf/klt  the  like  anfwer  to  his  parent  t,whoi  m™™;'/6' 
 h/yn  cHnl  him  todocanuniufl  thing;  Quamamvult is  me  optima  dgtrt^  optimum  ^  j 
 numfft cum\rivaio,tummulto  en  mmagis  Pnvctpi  id ejuod  eft  jufium ,  a  gam  f&4 
 *liit,<]»  Ucitudttrellah:    Ycaaurlaw  cxnrefly  denies  the  Kingany  fuch  (f)nuau  c,t 
 
 niuft*prcronativc>  by  thefe  unquestionable  maximes:  (f)  the  King  wither  cany  /.i.c.i*./.^.*. 
 vronfhtfalawf  doe  any  wong. feting  he  is  Gods  Ficar,  and  the  fountawe  °f 'lufiice .  FUt'l^c.^17. 
 UhocfohnKexr.onpueftficcre^uodnonpoteftinjuftc  agcre  :  which  our  (g)  law-  fH'f^J 
 l  make  no  dcfccl  of  power,  but  *«<r  of  the  highest  branches  of  the  Kings  Prcrcga-  ?  rmefc^x* 
 vefcox  confirmation  whereof,I  ffoallouly  cite  one  notable  Record,7.f/.4.Rot.7>arl.  ij.Pfauf.a4*. 
 Climb.  KQ»  Trie  Commons  complained,  that  by  the  favour  of  Ordinaries ,  divers  in.  i47.4*7«  **  E* 
 umbents  W  e  outed  of  their  benefices  by  fupcrinftitr.tiens  upon  prefcntations  of  the  K'fl"  j      f 
 contrary  to  the flatnte  tn  that  cafe  provided;  andweredenieda  Scire  hcizs  ,with~  ^     **  *?■ '  • 
 fr,<  iaMlutrfe  0 '  ccmruandofthe  King  firfi  obtained,  to  the  qreat  0 fence  of  God,  An,'es  xtblc, 
 rtd4l*i*&re*for,*nd  law  *  BECAUSE  SVCH  AN  *ACT  CANNOT  BE  prcrogar.<o, 
 INT  PREROGATIVE  AT  AL  IN  OVR  LORD  THE  KlNG,wHlCH mdge  ct»k* 
 s    DEXOGirilE    TO    THE   EXECUTION   OF    RIGHT   z^ND  /^-  Argu.  again* 
 TICS*  Where 'ore  they  petitioned  the  King,  that  he  would  be  pleafed  to  grant  and     ^^Tt.' 
 nd  the  Chant  elUr^to  deliver  a  Writ  0/fcire  facias  to  every  of  his  Lieges  who  are  +'Fu'r  cet  que 
 uted  of their  benefices  crp offejfions  bj  the  fore  faid  title  of  the  Kmgy  and  that  thence-  tie!  fait  ne  put 
 .rth  the  Chavicellors  /hall  bee  bound  to  deliver  by  authority  of  their  Offices  this  myeeftrtPrer*. 
 I'nt  cffcirc  facias  at  the  fitte  of  the  parties  •  and  further  ,  to  doe  right  t$  the  &[tve  en  n$Pre 
 antes ,  without  fuing   to  the  King,   and  without  other  wtr rant  from  him.    To  ^p^.^f 
 /hich  the  King  gives  this  anfwer.    The  King  wills,  that  the  faid  ftatute  be  firmly  al execution  de 
 eld  and  fap* ;  and  farther  wilieth  and  granteth ,  that  if  he  prefents  to  any  benefice  dmt  tt  iuRice . 
 thick  /hall  bee  full  of  any  Incumbent,  that  the  Prefcntec  of  the  King  /hall  not  bee 
 rceived  by  tb*    Ordinary   to  fuch  a  benefice  ,  tint  ill  the  King  hath  recovered  his 
 refentment  by  proceffe   of  Law  in  his  owne  Court:    and  if  any  Prefentee  of  the 
 ling  bee  otherwife  received,  and  the   Incumbent  outed  without  due  Proceffe,  as 
 for  ef  aid,    the  faid   Incumbent  may  commence  his  fute  within  ene  yeare   after 
 he  Induction  of  the  Kings  Prefentee ,  or  later.    *yind  further^  the  King  willsy 
 bat  no  ratification  granted  for  the  Incumbent  ,  after  that  the  King  hath  pre- 
 :ntcd  and  taken  his  fute  ,  fhak  bee   allowed  pending  the  pha,  nor  after  the  judge*, 
 tent  given  for  the  King;  but   that  fuch  judgement  (hall  bee  fully  executed,  as 
 rafoH  demands*    Loc  here  the  Commons  and  Parliament  affirmc,  and  the  King 
 imfelfc  fubferibes  thereto:  That  the  King  neither  hath ,  nor  yet  can  have  any 
 'rero^ative  at  a<7,  which  is  derogative y  or  any  impediment   at  all  tn  the   execu- 
 ion  ©f  Right  and  Juftice  ;  and  difclaime  a  negative  voyce,  or  power,  in  bim, 
 1  granting  w  fare  facias  to  particular  Incumbents  y  unduly  outed  of  their  Li- 
 ing  by  a   pretended  prerogative  power,  againft  Reafon  and   Law*    Therefore 
 fortiori,   the  King,  by  his  pretogative,  neither  hath,  nor  can  have  any  abfo- 
 ac  Negative  voice  it  all  to  hinder  the  pafTing  of  publikc  Bills  prefentcd  ca 
 im  by  both  Houfes,  fot  the  due  executioa  of  right  and  iuftice,  and  thewcile, 
 eice,  or  fafety  of  the  whole  A'ingdeme.  That  fpeech  of  (h)  King  Zedekiah  to  (fc)JcMt.r. 
 is  Princes  ( though  in  a  bad  cafe  )   is  an  undoubted  verity  here :  Behold  hee  is  in 
 •ur  hands-,   TO^  THE    KlNq   IS  2JJ)T  HE  THAT  £AN  VOE 
 
 K  ANT 
 
f  4  lh&t  the  t{mg  bath  no  abjolute  Negative  Ttoyce  in  the  faffing 
 
 u;Tu.i.-.H;bANY  THING  AGAINST  YO.l  :  and  Ikcwifc  of  King  'David  to  dispeople  - 
 **•  .  *  Sam.  18.  3.4.  WHAT  SE.EMETH  TO  YOU  BEST  I  WILL  DOi 
 U  m f  1  *  tfv  *noRe  worc*>a3  n  no  impotency  in  God,  but  a  part  of  his  ownc  divine  prerogative ;) 
 1  am  1.1 7.  (J)that  he  cannot  poffiblj  lyjhat  he  cannot  deny  htmfelf(l)thathe  is  immutable  andchan- 
 (m). ;a  j *  ^.geth  notythat  he  (m)cannot  do injujhee :  And  as  it  was  the  Apoftlcs  higheft  privilcdge. 
 *D\m  Hisl  4  •  2  L  or.  1  g.8.  We  can  do  nothing  againfi  the  truth  ,bnt  for  the  truth  .So  it  no  noie  ofimpo- 
 Uiil.op  icivcfr  tenCy  butofhighelt  Soveraignty  in  oar  Kings,  that  in  all  Bills  of  publike  Right  and 
 ^Ai  *c  c$  Common  Iuflice,they  have  no  Negative  voice  or  power  at  all  to  withftand  or  deny 
 S»P«i*5«  '  theic  paffiing;  for  then  chcyfhould  have  a  prerogative  to  dt^y  common  Right  and 
 (»)  Mat.  Park  Iuftice,  and  lb  todoepublikc  injufticc,  which  God  himfelfe  (whofe  viiegercnts  they 
 B*'f$M$M*J'  are)  isuncapableof,  and  never  derived  to  them.  I  willclofe  this  reafon  with  chat 
 718,719,  7j5>  memorable  fpcechofthat great  heathen  Emperour  Julius  fifar,  which  he  fbmtimes 
 *%*£wd$n*M'<  u^^at  ^ome  in  the  Counceli-  houfc ;  *  Touching  all  other  affaires  that  are  to  betaken 
 p^8.';.S<.sL*//'lf  handforyottrfa&ylam  both  jour  Covful,  andyoxr  Dictator  ;  but  as  touching  any 
 vjzi  Da>icl,p.  Wrongtobe  donetoanyman^l am  as  a  private manwnhout office. 
 151,  Ic-7,  i6oy      Eighthly,Our  Kingshave  ever  claimed  this  as  an  ablolute  duty  from  their  fubje<5h 
 
 tosbXtm  i^llcethefubjeclifthoMgh  they  have  fom:  times  denied  fubfidies  to  the  r  Princes  upon  reafb- 
 ifdgecrooi'S  &  aablecau(es,andexcuicsallcadged  by  them,cxpreifed#»  our  K n)  ffiflorians)  yet  have 
 HW^rguu*  z\ways held-Jt  their(o)KOUNbEN  DUTY  tograntfuchayds  in  Parliament  y  when 
 ■mmw  1  V^~  (anc*  ^met'mcs  before)  they  have  been  required,  andhave  really  done  it  withoutrefufalt, 
 {$)  Poht.  l.r,  i  w£*«  theyfawjuficaufe  to  grant  them ;  as  al  1  the  old  and  new  zAEls  for  the  grant  0/ C#- 
 3»4>7*  -  ftomesrSubJidiesrDifmesy  Quindtfwes,  Towage  a  nd  Poundage,  cP#!cmoney ,  with  other 
 
 (q)  ,e  officii*  f.t  f^ch  aidesinallonr  Kings  Rcignes,  abundantly  evident.  Therefore  the  King  fwbois 
 (r)**lPJf%  .  as  much  obliged  by  oath  and  duty  to  aid  hisfubjc&s,  and  provide  for  their  common 
 it.  c.tv/t)  De  protc&ion,  wieale,  pcace,eafe,  as  they  are  to  provide  for  His,  and  the  Kingdomes  fafe- 
 UudMg  Ang.  cy/is  by  like  reafon  as  much  obliged  in  duty  not  to  deny  themfuch  publike  A&s;  as 
 cdtciS-         they  are  npttocknyhiin  publike  aides<, h 
 
 (v)  xenut/h*  dc  Ninthly,  Kingdomes  and  Common weales  were  exigent  before  Kings,  for  then 
 lf"^?fnBuk  ™»ft  ke  *  Kingdoms,  and  feciety  of menro  governe  (as  (p)  jirifotle,  (q)Cicero,  (r)  7V; 
 eLRvwAra-  ^btus/f)  *Augufliney(t)  Forte/cue,  and  all  other  Pohtitians  accord)  before  then 
 ltntnj.comir.cnt  couldbe  a  Kingelccled  by  them, for  togoverne  them :  tAndthofe  Kingdomes  andficie* 
 p,5t8.T?9,  ties  of  men  had  (for  the  rnofr  part)  fome  common  lawes  of  their  owne  free  choice  by  which 
 {x) Xenooh.de  tfaj  were  governedybef ore  they  had  Kirfgs\  which  lawes  they  (u) /wore  their  Kings  u 
 ^OfiOZc  LI  obferve  before  they  would  crowne  er  admit  them  to  the  government*  and  lihwife  rav* 
 PUt9  &  Cicero  *"*>*  *  further  eat hytopaj/e  and  conprme  all Juch  fubjeqttent lawes  as  they Jkould  m*k* 
 delegibuij  lib.  chotccoffor  their  publike  benefit  andpreteclion ;  as  is  evident  by  the  Coronation  oath 
 Anfiot  ,Fol:itj.j  of  all  oub  owne  (yea  of  other  (yhrifiian,  and  mojhPagan  Kings)  continuing  to  this  very. 
 
 *f**MJb'B  day ;  and  thcfc  words  in  thc  Kin8s  oath    Ct^AS    VlULGus    £ L E G E- 
 S*  'iFfri** '  ^  ^  (which  intimates  the  choiceof  Lawes  to  be  wholly  and  fully  in  the  people 
 Numfomptim  ^cc  elections)  prove  beyond  Contradiction :    Yea  thofe  ancient  iaw-givcrs  (x)  So. 
 ^mrfwjel^.  f^rSeleuehm ,  I^curgm^  ^{nmay  with  others^ who  tooke  paints  to  compile  Lawes  fo  * 
 fe  vcral!  Kingdosies  a  lid  Republikes,  did  only  recommend  them  te  the  people \  whofe  vo- 
 toftt»r7*i##r  mm* shswxted*  tktmiindin^y  Wiikh la wes- the^ekhei. airerfid  or  re 
 
 pealis: 
 
of  Bills  of  Common  %jght  and  Juftice for 'the  publike good.  7  5 
 
 ■aledas  theyfaw  Ciufc.    Bcfidc?,  during  Interregnums  in  forraignc  derive  King, 
 omes  the  Elates  in  Parliament  hive  power  to  make  newbtnd>xg  Lawcs.repcalc  and 
 Iter  old    as  they  did  in  (7    dragon  after  Sanchius  his  deceafe)  before  they  elected  a 
 ew  sXino  ''whom  they  fworc  to  obierve  the  Lavvcs  then  made, before  they  would  ad-    v  fl 
 ricMm*******?  Kings  MJfentM  Mil who  yet  girc  their  roy  all  2  fcnito  Laves  made  "£mZ 
 utbeirreignes:   Andinourowne  and  other  fucceflivc  KingdomesduringthcKings  J  Igg'^.j*. 
 nfancy}dotage,ablccncc,theKirgdcmesandParliarnentshavean  ?bfolutepower(as  I  aKlui\< 
 already  manifefted)  to  create  Regents  or  Lord-Prorettorss  to  execute   royall  aw  DehHm 
 
 fKin^s  chance  to  die  without  any  hcire,  the  Kingdorue  in  fuchacafe  may  aflemble  ^):m  h.     , 
 Dfthcmfelves,  and  make  binding  neceflary  lawes  without  a  King,  and  alter  the  very  .'cm 
 
 whenitisneceflfarily  demanded  to  any  juft  publike  Bills,  unlefle  they  can  fhew  JS^j* 
 ^ood  reafon  to  the  contrary,  fo  farre  as  to  fatisfie  the  people  why  fuch  la  wes  fhould  rp  cmiplj'J\ 
 
 lot  pafle.  «S  ?o7»fi  f* 
 
 Tcnthly,  Our  very  lawes  in  many  cafes  deny  the  King  an  abfolute  negative  voice  tnotft  cba  ter 
 or  power,  even  in  matters  of  Prerogative,  becaufe  they  are  contrary  tohisoath,  and  dc  v'rdon:1^ 
 rnilcheivoustotheRepublike.    This  appearcs  moil  clearly  in  matrersofPardons,thc  ^n'"L'   ''sc* 
 Statute  of  1E.5.C.2,    14E.  3.C  15.    13R.2.C.1.    16R.2.  c.  <5.  enad.  rfar^OM 
 Charters  of  par  dov  (ball  not  be  granted  for  manflaughters,  Roberies,  FellonieSy  and  other  1?,i  E#f£, 
 
 THE      OATH     OF     HIS     CROWNE,     Soe  the  King  (b)  cannot  par.  i;:ittoni  arg* 
 donnorreleafethe  repairing  of  a  Bridgeor  Highway  or  any  fuch  like  publikj  charges ,  or  m<  n  1 ;g  inft 
 any  publike  "Nufances  or  offences  againft  p&nall  Lawes  pro  bono  publico,  becaufe  tt  is  fliipmoiKy,  & 
 contrarytoths  trusl  and  confidence  repofed  in  him  for  the  publtke  good,  becaufe  the  repub-  ' :  '  l'°     cs 
 like  hath  an  intcreft  herein;   and  the  pardoning  of  them  would  be  mifchetvofjs  for  the  ,|^rejn  cncci. 
 common  good:  In  like  manner  the  King(c  cannot  dcyy^delay,  nor  deferre  Iufltcey  nor  flay  ^  1 ,  /;  7  f, 
 the  Judges  from  doing  prefent  right  and  juftice  to  any  of  his  Subjetls  by  his  Letters  under  1  ul  ryciarter 
 hiagrtator  privy  fe/lf3  becaufe  it  is  contrary  to  his  oat  hand  duty :    Neither  (d)  can  he  de  Pard&^ftj 
 b>  his  abfolute  Prerogative ytmpofe  any  the  least  t axe  or  impofltion  on  his  fubjetls  without  ♦M/M>'*j 
 thetr  common  confent  w'Parltament ;  nor  ;c)yet  authorize  any  other  to  k*U,  I  eat,  wound,     *     ,% 
 imprifot:  any  mans  per fon  }or  take  away  his  goods  y  without  due  proceffe  of  law  ;  Yea  the 
 very  lawes  andcuftomcof  the  Rcalmedcny  the  King  any  abfolute  negative  voice 
 even  in  the  Parliament  Houfe  in  rcverfing  erronious  Judgments,  Charters,  Patents, 
 declaringwhatislaw  in  difficult  cafes, or  in  proceedings  and  fentenccs  againft  Delin- 
 quents, er  in  any  one  particular  whatfoever  which  concerned  the  adrnmiftration  of 
 
 K2  right 
 
\  King  hnih  no  abfolute  Negative  Itvyce  tn  tbeftafsfa? 
 
 right  or  common  Iuftice,    Therefore  by  the  feifefamc  reafan,  the  very  law  denies  hii 
 any  fuch  negative  voice  in  rcfufing  his  royall  alTcntto  Bills  ofcommon  right  and  Iu. 
 ft  ice ;  And  as  both  Houfes  doc  allwayes  over-  rule  thcKing,not  He  both  Houfes  in  th< 
 one;fo,by  parity  and  congruityofreafon,they  ought  to  ovetfway  him/n  the  other; 
 therebeing  the  fame  rcafon  in  both  cafes, and  the  one  r.o  greater  an  entrenchment  upon 
 his  Prerogative  then  the  other. 
 (h\  m  r'    '-       Eleventhly,  This  is  infallibly  proved  by  the  ufuall  forme  or-  tit.  Kings  anfweri  to 
 
 wtls  t>AjJiZr  lucn  BiWs as  tney  3^enc  noc  to'  W  Le  Rojfoit a vfor* i  7k '  •  Ag  wjll&f  advifed,  or 
 iil's.p  78  vvj.h  take  further  confide  ration:  which  is  noabfolute  deny  all  Jfut  a  craving  of logger  time  te  ad- 
 oi:;ers;orc.ci-  vife uponthem^nr 'thereupon to affent to  them  if  he  can  fee  no  rufl  caufetothe contrary ,  or 
 ted.  A  Rcm»n-  eijg  to  give  fatis fait  oryreafons  why  he  cannot  affent :  Which  anfw;  t  were  not  proper,  nor 
 f  t<luft  tlvi  formaii>  had  the  King  an  abfolute  negative  voyce  to  reject  Biils,  without  rendring  a 
 ilTilh™1'  fufficient  rcafon  of  his  refufallofthem. 
 
 Twelfchly,  Publike  Bills  for  the  Subj^Ss  common  good,  are  formed  for  the  moft 
 
 part,by  the  LordsandCommons  themfeIves,who  in  truth(as  I  have  clfewhere proved) 
 
 arethechiefcLaw-  makers,&  who  (as  {c)Ariflotle  defines)  know  bet :cr  what  is  good 
 
 ■'■'  Poll!  I  -,c,  andneceffary  for  their  owne  benefit,  then  the  King,  their  publike  Minister for their  good  1 
 
 V '  *         '*    '  Jtaque  mat  or urn rerum potest asiurepepulotrtbuitur^sAriflotlesrdolu'Aon.  Therefore 
 
 in  patting  fuch  Bills,  there  is  greater  reafon,  that  both  Hou(es  rhould  over- rule  the 
 
 K;ng,  then  the  King  them.  It  is  ufuall  in  allinferiour  Counfefs  of  State,  Law,  Warre, 
 
 of  the  Kings  ownechoi/e,  for  the  Counfell  to  over  rule  the  King  in  matters  of  State, 
 
 (d)  i  Sam.  -4.    Law  ,Warre,  unleife  the  King  can  give  better  reafons  againft,  then  they  doc  for  their 
 
 38.  r*4*4i9j.  conclufive  adviic ;  and  Kings  in  fuch  cafes  doe  ufually  fubmit  to  their  Counfeis  deter- 
 
 Uix.zSdM.it.  minations,  without  contradiction  ;  ofwhiah  wchavefundry  Prefidcnts,not  onely  in 
 
 l^l^hYon'^i  p*ohnc,b\it(d)Sacred  Story.  Phyficiansin  points  of  Phyfickc,Lawyers  of  Law,Di- 
 
 rkiCfcrajo  vincs  °^  Divinity, Souldicrs  of  Warre,  Pilots  of  Navigation;  and  fo  all  Artifts  in  their 
 
 2»3^,»|.F0ki  feverall  Arts,  not  only  inftrucr,  but  over-fway  their  Princes,  without  finall  contra- 
 
 13.ffe1Jcr.3b  diction:  This  being  a  knowne  received  Maxime  in  Law;  Vnicuiquein  fuaarte  perito 
 
 d'joit.D*?t,t.  eft  credzndum  :    And  {"hall  not  then  the  Grand  Counfell  of  the  Realme  in   all 
 
 1 -tb  le*  publike  State-  arTaires5&  Bills  of  Coiafequence,much  more  over-rule  the  King,then  his 
 
 Pri vie-  Counfell?  Especially  fince  in  the  Statutes  of  1  i7. 4^.6.4.^,4^,.!, it  is  enacted 
 
 to  the  end  that  the  King  may  not  be  deceived  tn  his  Grants  and  Gifts,  awjuallorinfee,or 
 
 in  any  offices  by  kimto  be  made,  given,  or  grafted }  H8  WILL  by  the  a fient  of  the  lords 
 
 fpiritual/ and  temporal!  t  and  at  the  requefl  of  the  Commons  BE  COUNSELLED  BY 
 
 THE  WISE  MEN  GF  HIS  COUNSELL  IN  THINGS  TOUCHING  THE 
 
 ESTATE  OF  HIM  AJ\D  HIS  REALME;  and  that  he  will  make  no  fuch  gifts 
 
 nor  grants  paving  tofuchperfons  as  the  fame  deferveth,  and  as  befi  Jhallfeem  to  the  King 
 
 AND  HIS   COUNSELL.   And  fich  it  is  THE  DESIRE  OF  ALL  THE 
 
 ESTATES  OF  THE  REALME,  that  nothing  fhould  be  fo  demanded  of  the  Kinf, 
 
 he  mils  that  allthofe  that  make  a pj  fuch  demand  contrary  to  this  Statute  (hall  be  punished 
 
 by  advife  of  him  and  his  Cou*felltattd  that  he  that  maketh  fuch  demand \fhall  never  havi 
 
 the  thing  fo  demanded.  A  law  now  meet  to  be  put  in  execution. 
 
 Thirteenthly,IftheK:ngfhcuId  have  an  abfolute  Negative    oycc,inrefufing  fuch 
 
 publ  kt- Bills  as  arc  neceiTary  and  expedient  for  the  common  good  and  fafety  of  his 
 
 p#op  ,  uld  reii  yi  the  mcere  power  and  pleafurcof  a  wilfull  or  mifadvifed  King, 
 
 i  by  evil!  Counfcllours,  to  deprive  the  Kingdome  of  the  principal/  vfe,  benefit, 
 
 and 
 
ofdi/h  cf Common  Right  andlujlicefor  the  publike  gtod.  yy 
 
 wdprivt  ledges  of  Parliaments,  ( *)thc  making  of  good  and  whc'.f,n:e  Uwet^forti '  e  gcodgo-    Si,  ; 
 ?r;:mentofthe  Realme  ,the  removal/ or  prevention  of 'emergent  grievances  or  d  rye-  \n>,d  :,!>    '' 
 wecuttonofpublikejufiicc  on  Delinquents  ;  to  the  grcar  peril!,  p>'q'i;<  Kr,  if  j,o:  n 
 
 Di    <And  our (f)  AnMuall or  Tr/enniallTarliamcnts  (1  c  n  to  no  p^ 
 
 *hcr  puipclCjbuttolupply  thcKing  with  Subiuli.s.or  keep  i  facks  aiu*  R<  [IV  lament  p*.    I 
 
 cm  growing  mouldy,  whilfl  the  Lords  anil  Commons  fate  upon  the  rather  like  Holi'Jh.Csi 
 .r.  without  a  figure,  then  a  £  curt  ofTiripmenc  ;    if  the  Lawes  of  the  :n  l  ■  trh'h 
 \c^lme\verc iuthe  Kings  hand  or  brc.fi  alone, us  Richard  the  2.   fomc  times  fa  id  tlxy  t*tr'eiiJl>*r« 
 vcrc  (xi  (g)  Article  obselledagainjl  f /«*  at  his  depe  fing^concrcryro  that  approved  re-  {} j  '.'[.  1  , 
 C>lutiQfl  or"  h)ArtuOtle  whatfocvo  f :emcs goodto the maio'r fart  ef  the  CjoXcmottrs of }he  ■  •-'.!   ^  VV  ,  <^ 
 ommon  wealth  that  tteflablijhedfora  Law;  which  hold?  good  in  the  Kv-gdomcof  i)A-  thi  fill  for  Vri* 
 \-aon  >it  this  day  ;  where  the  Kit  gin  making  pnblike  Lawcs  hath  no  abfolute  negative  f&**V2**L 
 'o\ce,  nor  ret  w  Lummox  inp  of  Parliaments .  which  are  conftar.tly  held  at  their  f  t  times  a  -  j7» 
 
 jeryyeareortwo  atfurthejt,  Whet  Iyer  the  King  will  or  not.  *  J 
 
 lourtenthly,  God  himfclfc  (the  *  King  ef  Kings,  and  Lord  of  Lords)  held  this  a    <'    Voft.  t^. 
 Mir.cipallpanof  his  fovcraignc  divine  Prerogative;  to  g*ve  hu  people  from  heaven  c*%- 
 when  they  needed  and  required  it)  right  Jtfdgments, and Lw>es of 'truth,good statutes  ,     U^ror,m. 
 indCemm  udemer.ts for  their  good andwellfare :  Nch.  $.  14.  Exod.  c.    19.  and  20  '}.c'„ri  ", 
 md  3T.Deut.4-  S.  to  4 1.  and  chap.  5  throughout :  Neither   dothywillorcan  he  dc-  com. p.  ^8,'« 
 iy  any  j  nfi  or  neaffary  fuite.prayer  or petitionthat  his  poor fei vants  andcreatures  though  >-?-■ 
 'at  dujt  and  afbes  )  joyntly,  or  feverallj  put  up  unto  him  ;  but  mo  ft  willingly  grar.ts  *^e-//.io,  jjt 
 t  the  leaf  dcniall,  or  unneceffary  delay,  what  ever  good  and  needf nil  things  they  re-  \ lwt-  *> r  5  * 
 )uire  at  his  hands.  And  canor  dareKingsthcnclaimeagreatcr,an  higher  Prcrogitiue  j^l*7'**3*** 
 ►:;cr  their  Kingdomcs,  and  fubjec^sthen  Gcd  himfelfe,  the  King  of  Kings  doth  over  *  p]r  -*   ?  l0 
 nscrttturcs  ?  or  arrogatctothcmfelvesan  abfolute  Negative  voice,  where  Godhina-  //"h^ij, 
 slfcfw  hofe  fervauts  andvicegtrentsonly  Kings  are)  neither  hath  nor  will  have  any, hut 7  • w-  '«M7, 
 rterJydifclaimesit?  Gcd  forbid, that  any  fuch  arrogant  thought  fhould  cv(r  emcr  ■rl-lt»7*7/^i^ 
 nothehcarts  of  any  chriftianKing?,who  being  in  truth  but  fervants  to,  notabfb-  /y;///  V 
 jtc  Lores  over  their  Kingcfomes,  invvhom  the  fovcraignelegidative  power  and  au-  ,  iebmUiiA\ 
 iori:y  r:  fides, muft,  and  ought  by  the  La  wesot  God  and  man,  rather  condciccnd  to  Tf*04i9*4* 
 icir  ParJiamcwts  and  Kingdomes  juft.  requefts,  in  alTcnting  to  nccelTary  whpllbmc  D**»9f*>J**1\ 
 \[\  La?wcs,then  their  Parliaments  and  Kingdome^  quietly  fi.6mic  to  their  unju(t  dif-    r'rc^c;i  Vl* 
 (Tents  unto  them  to  the  publike  prejudice's  is  clcai  by  1  Sam.8.^.totheend, 
 FinalJy.our  Anceitours  have  been  fofarre  from  be/ccving,thatour  Kingshaveanab- 
 -lute  negative  voyce  in  fuch  Bills  as  there,  that  they  have  net  onelj  constrained  our 
 lings  by  threats ,  yea  force  ofeyfrme/,tofnmmon  and  conttnueT \irltaments ,but  Itkewtfe 
 srnpellcdthtw  to  give  their  Royallt^jfents  to  Magn*  Charta,  fbartade  Forefia}[  on- 
 rmatioChartarttm,  t/trtknlifuper  C  hartas ;  with  fundry  other  publike  Statutes  of 
 light  and  JiihMcc  for  the  common  good  and  Subject  farcty,  and  to  ratifie  them  with 
 bar  hands  9Sealesy  0  at  he  j  proclamations,  the  Btfbef  foiemne  excommunications,  yex 
 \KdtheTopes  leaden  Bulls,  againfl  their  ye-illand  hkjng,  as  I  have  plentifully  mani- 
 cflediM  the  former  part :    Which  forced  aflcntshavc  been  held  good  in  Law,  to 
 >inde  thefe  Kings  and  their  fucceiTours,  with  this  di(Vm<5tion  ;  where  the  Lawes  to 
 which  this  afient  was  forced  are  convenient,  necelTary;  orelTentiallfor  the  Kingdoms 
 welfare,  the  Subjects  juft  Liberty,  and  fuch  astheKing  by  duty  and  oath  is  bound 
 o  aiTent  to ;  there,  if  they  compdl  the  Xing  to  give  his  aifent  in  cafe  of  wil&l  dcnyal' 
 
 K  %  chc  . 
 
7$  Thdt  the  I^ing  bath  no  abfolute  Negative  ^oyce  in  the  paf/ing 
 
 the  affent  is  binding,  andfliall  not  beavoided  by  Dareffe,  becaufc  the  King  doth  nc 
 more  then  he  is  obliged  by  Law,  Oath,  and  Duty  tocondifcend  to  :  Upon  which 
 ground,  a  (I)  Tenant  inforcedto  attorn  e  to  a  grant  eft  r  ever f on  by  imfrifovment,  upon  4 
 ft)  'J.M.  Quid  juris  clamat.jhaH  never  avoidthis  attornment  by  Durefe  ;  nor  an  (k)  Obligation 
 a  *\x?H*T  WadC  hj  '"' tA^* iH  executionf*r P^ment  of  ajufl  debt ;  nor  thejusl  judgment  of  a  Judgi 
 XrAuorlmM.  iivenh  ^^etfhallnotbeavoyded:)^^  is  cleerc  by  Magn*Ch*n*>\\\A  other  Lawcs 
 V .  "  g*tten  **firft  by  (m)  'Durefle  and  Menace;  from  our  Kings,  and) ft  firme  and  binding 
 
 (0**,V7.  t  "heneventhMaffented  tojecaufejuftandnecefary,  as  King  Henry  the  ?.  Anno  1222, 
 E.a .7*.  Aft.  1  %  confefied;  (n)Who  when  the  Barons  demanded  of  him  the  confirmation  ofthegreatCharter, 
 
 *»'?/*,  w*  BJ^^yOne  of  the  Kings  Connfdl angering,  that  the  Liberties  they  demanded  mufi not 
 Tk\.  Duref.j.  **0*>f*™edbccaufethey  wereviolently  extorted,  and  words  hereupon  growing  between 
 ?•  1 1, 13,1 ',  1  the  Barons  and  him,  and  the  Arch-bifliopof  C^m^ary  kindling  at  it;  the  young 
 !8'  King  prudently  clofed  up  the  whole  ftrife  with  this  fpecch ;  sAUofus  have  fivorne  t§ 
 
 \Zrisl  Ito  thtfeLiherties>  «»dthatwhich  wehavefrorne  ALL  OF  US  ARE  BOLND  TO 
 %$7*  OBSERVE,   But  where  the  A&s  to  which  the  affent  is  gained,  are  unjuft  or  ille- 
 
 (n)  speedy  p,  gaU.fuchco  which  the  King  was  not  bound  by  Oath  or  duty  to  content,  but  meercly 
 597  Mat,,  vm .  out  of  neceflity  to  avoid  imminent  danger  of  death,  or  other  mifchiefe,  and  where  the 
 PW*  Darnel,  whole  Parliament  was  enforced  as  well  as  the  King;  there  the  alls may be  avoided by 
 ?•*»•  Dnrefe,zs  is  evident  by  the  Statutes  of  11. and  2i.of£.  2.  c.  12.  by  the  Statute  of 
 
 3  I  H,6.c>  i,(  which  makes  voydallthe  Petitions  granted  by  thisKing  in  a former Parli*- 
 mentthe  z9.ofhuReigneiandaUindtttments  made  by Dure fe,  through  the  Rebellion, 
 Tyranny yand  CMenaces of  lack  Cade  and  hi*  rebellions  rout  ofTraytors)  and  by  39. 
 H.6.C.  1. 1  %.E.  %.ftat.  1.  aad  17. £4.  c.  7.  Yecthefe  enforced  unjuft  Bills,  being 
 publike  A(5ts,doncina  legall  forme,  arenotmeerly  void,  but  good  in  Law  till  they 
 be  repealed,  and  nullified  by  afubfequent  Parliament ;  fas  is  evident  by  the  next 
 (o)lLH.6.c.}   forfeited  Statutes;)cvcn  asa(o)  Marriage  yBondyor  deed  made  by  Durefe  or Menace  ,are 
 hc.^Jatl      g°°d  '*  LarP>  *»*»<*  mecrly  void, but  voidable  only  upon  a  Plea  and  Try  all.  And  i{  (ubCc 
 e-'faui  c.\    (3ucnc  Parliar"ents  rcfufe  to  reoeal  thefc  forced  La ws,and  to  declare  the  Royail  affent 
 1  *.>,«  15/    hereto  by  coertion,  void  or  ille gall,  the  King  cannot  avoid  them  by  Dureffefbccauft 
 5  x.i.c63  r«    his  Royail  affent  is  a  judiciall  Ad  in  open  Parliament,  which  his  oath  and  duty  obli- 
 TteZ^r^'  gcd  him  to  £ivc'and  theLawcs  are  rather  the  Parliaments  A&  which  was  not  forced 
 '  *V-      then  his  ownej  but  they  rcmaine  in  full  vigour  as  if  he  had  freely  affencedto  them  -5 
 which  is  moft  evident  by  the  Statutes  made  in  1  o.  and  1 1 .  R.  2 .  which  though  cxtor- 
 tca  from  the  King  by  Dureffe,  againil  the  mil  and  liberty  of  the  Kingyand  rhhtofhii 
 Crowne,  as  is  pretended  and  declared  in  the  Statute  of  2 1 .  R .  2 .  c.  1 2?yet  they  conti- 
 nued in  lull  ftrength  for  ten  yeares  fpaceormorc,  (during  which  time  there  wen 
 noleilethen  8.  Parliaments  held  under  this  King)  becaufe  thefe  Parliaments  -refufec 
 to  reverfe  them  upon  this  pretext  of  DurefTe. 
 
 Fromallwhich  premifes,  I  humbly  conceive,  Imay  infallibly  conclude,  Thatth 
 Kmgin  faffing  the  for  e-ment  tone  dkjinde  of  Bills,  of  Common  Right  and  luftice  for  th 
 Kingdomcs,and  cheSubjc&s  wealc and fafety, hat hnoabfolute negative voyce,  butmuj 
 and  ought  of  common  right  and  Jufliceyby  venue  of  his  Roy  all  oath  and  duty  ,to give  his  re* 
 dy  and  free  afsent  unto  them  without  any  t  er giver fatizn.  And  fo  the  Parliament  in  thei 
 Declarations  rothispurpofe,hath  no  wayes  invaded  nor  injured  his  Ma/eftics/iift  Pr< 
 
 rogative  royail  in  this  particular . 
 
ofB'tlls  of  Common  Right  and  lufticefor  the  publih tgood.  79 
 
 Nor  thoic  members  in  it  e clipfed  his  Royal!  grace,  who  have  upon  occafion  given 
 irTirmed,the  Petition  of  Right  >the  Bills  for  Trieniall  Parliaments  (which  before  by 
 L.r.v  were  to  be  annuall  at  lea  it  ;)  the  continuance  of  this  Parliament  without  adjourn- 
 nent,for  thcKingdomcsneccflary  prcfervation  ;  the  ads  ag*\nl\  S hipmonej ,  Foreft- 
 Sounds  &C.    Mllegall  new  invented  grievances,  and  opprcflions  not   heard  of  in 
 former  Kings  Reigns)and  the  Statutes  for  thefuppreffion  of  the  Star-Chamber,  High 
 \ cmmtjfionl Knighthood,  andBtfbops  votes, ( lately  growen  intollcrable  grivancesand 
 mikhesfes  totheRcalmc;   Efpecially  fince  his  Majefties  Reigne;)  to  bee  no  ads  .  s  e  fr  r^ 
 of  niofi  tranfeendett  Grace ,fuchas  never  any  Prince  before  vouchfafed  to  his  people,  /m|ar,  Scrm. 
 asthcy  are  daily  cried  up  in  Prejfe  and  Pulpet  j   but  Bills  of  meere  Common  Right  the  lift  inra- 
 ind  Iuit  ice,  which  the  King  by  his  RoyallOflfice^OathjDutyJn  Law  and  Confcicnce  8ura  l  n  dr- 
 ought to  aflcne  unto,  and  could  not  without  apparent  injuftice  deny  to  palfe,  when 
 both  Houfes  urged  him  thereunto  ;  the  unhappy  fractions  of  all  Parliaments,  and 
 Grievances  of  chefe  Natures  under  his  Majefties  owne  Reigne  and  Government, 
 occafioncd  by  his  evill Counccllers,  being  the  (ble  grounds  and  juft  occafions  of  cna- 
 ctino  thele  necefhry  Laws  for  the  Subjects  future  fecurity ;  if  the  fword  now  drawen 
 tofupprclVcthc  Parliamenr,and  cut  thefc  Gordians( or  racher  C  ohvoebs  ^Diogenes  on^c 
 termed  Laws^fundcr^dfprivcthcm  not  of  their  benerlr,bcf.  re  they  fcarce  enjoy  it. 
 
 I  fhould  now  here  proceed, to  manifeft  the  Parliaments  taking  up  of  dcfenlive 
 Armesagainft  his  Majefties  Malignant  Army  ofprofdfcdPapifts,  Delinquents,  and 
 >:!IagingmurtheiingCavalccrs,(whofegranddciigneisonely  tofctup/\>/^rj  and  an 
 ibfolutc  tyrannicalGovcrnment  over  our  confcicnces  bodies^ftatesj  in  defenfc  of  their 
 >wn  pcr!bns,priviledges,the  Subjects  Laws,  Liberties,  Properties,  and  our  Protcflant 
 ftablifhed  Religion  (devoted  by  Papifts  to  etemallruine,  as  we  have  caufctofeare) 
 o  be  j'uff,  lawfull,  and  nocrcafon  nor  rebellion  at  allagainft  the  King,  neither  in 
 >ointofLaw  nor  confciencc  ;  And  that  the  Parliaments  afTcffing  of  men  towards  the 
 naintenance  of  this  neccflary  defenfi  vc  warre,  by  an  Ordinance  of  both  Houfes  oneiy 
 vithou:  the  Kings  alTent,  (now  wilfully  abfent  from,  and  in  armes  again/}  his  Par- 
 iament  and  People  )  with  their  diftraining  and  imprifoningoffuch  asrefufetopay 
 t;  and  their  confinement  and  fecuringofdangerousMalignants,to  be  justifiable  by 
 .aw  and  ancient  presidents.  But  this  part  being  already  growncfbmewhatIarge,and 
 laving  lingted  much  longer  at  the  PrciTe  then  I  expected ;  I  have  thought  it  more 
 onvenientjto  rcferve  the  remainder  for  a  future  Trcatife  by  it  fclfct  then  to  hinder  the 
 late  of  the  prefent  benefit,  which  it  may  receive  by  this,through  Gods  bleffing,ere  the 
 >ther  can  tee  coropleated;  which  I  hope  will  fully  un»blindfoJd  the  hood-winkr 
 world,  and  either  fatisfie  the  cenfeiences,  or  flop  the  mouthes  of  all  who  are  not  wil- 
 fully malicious  againft  the  Truth  and Parliawents  proceedings  ;  and  the  Sovtrtign* 
 *owtr  ofParliamcnts  and  Kingdoms,  over  their  Kings  thcmfeJres. 
 
 FINIS  fart  is  fecund*. 
 Errata 
 
 P*£c,  5, 1,  6*.  for  uujuft,  r,  nttjnft.  p.  1 5,  J.  2$,  mans, p.  5  ©.  1.  a.  ever.  over.  J.  2*. 
 title,  li*.  p,  51.  1.  46.  provsfious.p.  48.I.  26.  in  the  margin,  james,  IF ranch-, 
 >na<  other  prcncerroM  are  in  foroe  few  copies,  bye  coredlcd  in  themoft.  . 
 
%> 
 
. 
 
 m 
 
 THE 
 
 & 
 
 OF 
 
 [THIRD  PART 
 
 THE 
 
 ISOVERAIGNE    POWER! 
 
 as 
 
 O  F 
 
 1  Wherein  the  Parliaments  prefent  U^ecejfary  T^efenjhe 
 
 Wane  againjl  the  Icings  offenfhe  Malignant^  Popifli  forces  -y  and  Sub- 
 w     jcfts  taking  up  Defenfive  Armes  again  fl  their  Soveraignes,  ancj  their  Annies 
 BO  in  [owe  Cafes*  is  copioufly  manifefted,  f0  ^  ^//,  Lawfully  both  in 
 
 <$&  -point  ufLaw  and  Confeience^  and  wither  1  real  on  nor  Rebellion  in  either  j 
 
 ||  by  inpregnable  Rcafons  and  Authorities  of  all  kindes. 
 
 ||k  -  Together 
 
 AtWith  iSdtisfattery  Anfwer  to  all  Objections,  horn  Law,  Scripture,  Fathers,  Rea- 
 
 |?I    /<w3  hitherto  alledgcd  by  Dr.  Feme,  or  any  other  late  eppofite  P  j,  whofe  groile 
 
 in  true  Stating  of  the  prefent  Contr  over ji*3\n  iundiy  points  of  Divinity^ 
 3&    ■  hrheirabfurd  irrarionall  Logkks *'  ,arehcrc 
 
 Mj  •         li^re/u/f^than  hitherto  they  have  been  by  any: 
 
 jg.  fides  otlicr  particulars  of  great  c  .  nt. 
 
 i>l  \V  i  l  l  i  a  m    Piymn  B,Mtter-Barrcflcr,pf  L/ncolnes  Innc. 
 
 i      hi.  1 0. 12. 
 
 -,  and  lc  t  Hi  play  the  men  for  o:v  V-:ople3  andf:  r  tbt  \^d  the  Lord  doc  vrha  t  ft  t 
 
 • 
 Efther  9. 1,2.  ?,  ic. 
 
 ut&BtbeFi  Kvn^Ahafhueru 
 
 tbnandtbem;  for  the feare  of them  fcB  .  aU  their  en 
 
 \  an  i  flmtgjbter  and  deft)  uBi  m ,  and  did  wba  1  : .'  with  tbcfe  that  bated  them ; 
 tj  not  their  band. 
 
 TstRLIA-JMEWTS  and    KJ^QVOMES.  I 
 
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 op 
 
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 ME 
 
 It  is  this  eighth  day  of /l/./j,  1 643.  Ordered  by  the  Committee  of  the  Houfe  of  Commons 
 in  Parliament  for  Print  ing,that  this  Bookejntimkd//'/  c  third  Part  of  the  .v 
 Fowtr  of  Parliaments  and  Kingdamesjbc  Printed  by  Michael  Sparky  fenior. 
 
 he. 
 
 Printed  at  London  for  Michael  Sparke,  Senior.    1 645. 
 
 m 
 
 m 
 
 i 
 
 3f£ 
 
TO  HIS 
 
 EVER-HONOVRED,  NOBLE; 
 
 KINDE    FRIENDS, 
 
 THE 
 Right  Honourable  Lord  Ferdinando  Fdirfax,thc 
 
 Right  Worfhipfull,  Sir  William  Waller, tnd  Sir  WiMm 
 Bruerton,Kn\g\\tsy  Commanders  in  Chief ef  of 
 
 the  Parliaments  Forces^ni eve  rail  Counties* 
 
 Dcfcrvedly  Renowned  Worthies^ 
 
 \0V!{ Incomparable  Valour,Zcale, A&i% 
 
 I  vity,Induftry  for  the  prefervation  of  Your  Dea« 
 
 reft  Country,  Religion,  Lawes,  Liberties, 
 
 J|  and  the  very  being  of  Parliaments,  <a#  wok> 
 endangered  by  an  unnatural'  generation  of 
 Popifh  and  Malignant  Wipers  Jately  rifen  up 
 in  Armes  againfl  them  in  diverfe  parts  of  this 
 Rcalme^  and thofe  many  miraculous  Victo- 
 ries Vith  which  God  hath  heene  lately  pleafed  to  Crownc  your  cordis 
 all  endeavours,  to  promote  his  glory  and  f^Publicke  fafety,  *s 
 they  have  juflly  demented  fome  gratefuil  general!  Acknowledge* 
 ments/ro;;if/^W;o/fReprefentative  Body  of  the  State .  fo  they 
 may  in  fome  fort  challenge  a  private  gratulatory  Retribution  from 
 Me}  toho  have  formerly  had  the  happimffe  to  participate  in  your  Chri- 
 
 A  z  flian 
 
The  Epiftle  Dedicatory, 
 
 £.!OS,f0ll2, 
 
 {liar*  &fiQ&ions?4ndnou>reape  much  Confoktion  by  your  Heroic! 
 Adieus. 
 
 EaVmg  therefor  efafonably  ifmijhed  this  Third  par?,  Of  the  So^ 
 ver^igiie  Power  of  Parliaments  and  Kingdoms-  '  copiouflyViru 
 dicating,  the  Lawfulneffe^Iuftneffe  of  the  Parliaments  prefenc 
 
 A^ommmaeYi^tnyourjeVerauLountnes,)  in  point  both  or  Law 
 and  Confcience  -  andfully  impin*  offthofe  blacke  Afperfions,  of 
 T^EASOHt  and  ^EBBLLIO N>u>hich the oppofite par* 
 ty  (really  guilty  ofthefe  crimes  againfi:  both  Ki ng  and  Kingdonte, 
 *?m  i.tdit.  i  as  I  haVe*  elfewhere  itianifefted,  W  here  lightly  touched)  haVe  out 
 o/'Malice>Igtiorance:i  or  both  conjoyned+mofl  injuriously  caft  uponyour 
 Loyally  honourable  proceedings^^V/;  rejoyce  the  Joules  of  all  true 
 Pfrilopaters^fo cordially  affeB  their  Country  or  Religion.  I  could 
 not,  without  mwc£  ingratitude,^  injuftice,  have  publi/hed  it  to  the 
 Tborldj  fat under  the  Patronage  of  your  eyer -honored  reftlendent  names, 
 T&hobaVefo  Valor  ou fly  9  fo  fucceffefully  pleaded  this  Caufe  already  in 
 the  Field,  that  it  needs  theleffe  afiftance  from  the  Prefle. 
 
 My  many  inevitable  interruptions  andftraites  of  time  in  its  con* 
 texture,  winch  may  happily  detraH  fbmtchin^  from  its  perfection  • 
 /halt  I  hrfe,  derogate  nothing  from  your  Honourable,  Friendly  accepta- 
 tion $  vphm  I  have  thus  conjoyned  in  the  Dedication ;  becaufe  the 
 Parliament  hath  united  you  in  their  pre fent  Warlike  employments, 
 an,d  G'i'd  limfelje  joyntly  honoured  you  Mth  fucceffe,  even  to  adrnira* 
 t\o a  among  the  Good,  indignation  amidfi  Malignants,  envy  with 
 the  Malicious y  and*  I  tr$tft3  to  an  aflivejedulom  emulation  inallyour 
 Fellow-  Commanders,  imployed  in  other  Quzikys  inthefelfifamt 
 Caufe. 
 
 Your  pre  fent  bujie  pubYikQyandmin€owneprivsLte  Imployments^ 
 Prohibiteme  to  expatiate-,  Wherefore earneflly  bejeeching  the  Glori- 
 ous 
 
The  Epiftlc  Dedicatory, 
 
 us  Lord  ofHofts  to  beeper  mightily  prefcnftoitb  your JeVerallNo* 
 le  Perfons,  Toxccs,and  tomakeyonalwayes  cmincntly^dive.Va- 
 orous,  Victorious,  m  hitherto  he  bath  done /til  Peace  WTruth, 
 "ranquillity  and  Viztyjbyyour  /ever all  triumphant  Proceedings  ,fl)  all 
 mcc  more  lovingly  embrace  and  kiffe  each  other  in  our  divided 
 [nreformed,  fin  full  Kingdomes^  And  till  the  e/fett  of  the/ejuB  Carres 
 mmanage,  /ball  be  quietneffeand  afliirancc  to  us  and  our  Pos 
 terittes  after  us  for  ever ;  J  humbly  recommend  your  Terfimsfro- 
 eedings  to  bis  pretention  who  can/ecure  you  in  and  from  all  dangers  of 
 »arre}4ndre/ly 
 
 Your  Honours,Worfhips 
 
 mod  aflfe&ionate  Friend 
 and  Servant, 
 
 William    Prynne, 
 
 M 
 
 To 
 
To  the  Reader. 
 
 a, 1. 1. p.  i. 
 
 (b)Ap-d  vent 
 
 Dei  cnltcrese- 
 UMM  tffk  c:l!i 
 
 r.:ncupiditate 
 ant  cnuk/itgte, 
 fijpicis  Jiu.ii o 
 ge-nntur  Aug* 
 dfdiverf.Eccl. 
 ibftrx.j.Qrtti' 
 at\  Ciuf.  iJ^W' 
 
 *.  CMp    Afud, 
 
 Alberta*  Gtn- 
 
 ':1a  it  Iktc  bel- 
 li, /.i.e.*. 
 (c)V.:r:.c  ..'■   ■ 
 ft  qu0ad\  in 
 
 t\\  Ln  Iff,  Ko, 
 
 Who  havebeene  alwayes  hitherto ^a  CtriiaDefim, 
 tnd'vwcrofTcxt,  am  here  neceflltated  to  preient 
 Th't  with  a  Difcourfe  of  mrre-  to  juftihe  The  Ljw- 
 fulneft  of  the  F.v  laments  preterit  taking  up  of  *e- 
 celUn  Vefhfive  Arms.  Which  neither  their  £»- 
 JUra,  nor  my ,  »/>*  m«y  «/*«  PWw  could 
 (with  any  fafety  to  our  VrimUdgs,  Perf**,  Mehpl 
 M  £/fcrrt,  Km*"*,  now  forcibly  invaded  by  his 
 
 X^J^^rff^W8"?''  hl:hert°  pl'eVent>  °rCOn)UrC 
 
 d0?oepleadtheJuanea^ 
 
 ^7^rSSK*  Land  heretofore  bleuld  with 
 an  aged,  uninterrupted  Peace  :  And  (*)  £«"»? 
 
 (now  moft  unhanrUv  revived  among  us;  being  but  HtfmcsU,  and  Poet,- 
 K„    mui     \r  }L  Lnr\A  with  lefle  admrtiton  and  «»/«rf,than  this  for/* 
 
 tied  Pete  vo  is  STwhole  drift  of  this  MtyMcrtm* ,  not  to  /,- 
 minor  oirll,  but  «rf  our  NMft  *-"«  -which  nothing  hath  moreex- 
 3S     lengthenedinthc  Advetfc  party,  than  a  ftrong  con- 
 
 be7e\ Time  here  refuted,  removed)   and  the  In-adivity,  themuchad 
 n  P  d  Scfffo   many  of  our  Forces,  in  refining,  in  presenting  the 
 Sorou,  Proceedings  which  a  little  timely  vigilance  and  diligence  hac 
 
 'l!  isCa°mo"ethan  M  I****  mhu^u  for  any  perfon  not  to  put  tc 
 
The  Bpiftlctotbe  Reader. 
 
 mg,  dying  Native  Country  -,  buz  to  protratt  its  cure,  to  enlarge,  encieafe 
 S  deadly  Ulcers,  Stabs,  Sores,  and  make  a  laflingtrade  of  War  redout  ot'afor- 
 'd,(d)fwfull defire of Gaine,oi  Plunder,  to  raife  a  private  fortune  by  the 
 epubltcksruinesy  (a  finne,  of  which  iome   nrrchaace  are  guilty  )  is  an  ^V?SS 
 
 1  nil  n  11  J  t     ^  *  r  on  eft  d  I  ilium 
 
 nparallcld,  moil  unnmwM prodigious  Impiety.  fidp-rpierpr*- 
 
 It  wasthouglit  a  great  d/ftonour  heretofore,  tor  men  of  Honour  nnd  E-  dmna/iurg 
 ates,  not  toferve  and  defend  their  Country  gratis, is  our  own  (e)Larpbooks  &  ^SSS^ik 
 'ift$nes  plentifully  manifeft:  and  fhall  fuch  Perfons  now  mine  fordid  i>om.Trati  i9. 
 fercenanes -,  ftirrc  neither  hand  nor  foot  without  their  Pay-,  and  be  more  to0™****- 
 iligent  to  get  their  wages,  than  difcharge  their  Service  *  God  forbid.         {ejSecLhtfc 
 ltis(f)  Recorded  of  the  Children  of :Gad  and  Reuben,  after  they  had  »«»»«>  hisChap- 
 covered  their  inheritance  on  this  fide  Jordan,  that  they  went  all  up  armed  be-  ]an°v,^ght-" 
 re  the  Lord  over  Jordan,  at  their  cwnefreecojl,  untillthey  had  arivenout  all  frrvicc,  Efcu- 
 e  enemies  in  it  before  them,  fubdued  the  Land,  andfetled  their  brethren  of  the  ??&£j£i*/' 
 her  Tribes  peaceably  in  it.   And  fhall  not  Englijhmenoi  Eftares  doe  the  Jofh.i.i»,to 
 te  for  their  Brethren  now,  in  thefe  times  of  need,  when  money   ( the  l8- 
 lewesofWarre)  is  almoft  quite  ftnunkeup,by  reafon  of  former  Dif- 
 trfements  and  want  oiTradt  ?  We  read^^j  That  the  very  Heathen  Kings  rg)  ]Udg  5.  ,p 
 '  Canaan  when   they  came  and  fought  in  T aanach  by  the  waters  of  Megiddo, 
 \AinfltheIfraelttcs,  THET    TOOKE   NO    GAINE     OF     MO- 
 E  T5  for  their  paines :  Such  was  their  Noble  generofity ,  which  T>ebo- 
 h  regifters  in  her  Song  for  their  etcrnall  Glory.    And  we  heare  of  di- 
 ns Lords  and  Gentlemen  in  the  Kings  Army,  which   fcrve  againft  their 
 vuntry  gratis  -,  yea  furnifh  out  fundi  y  Horfe  and  Foote,  of  their  proper 
 >ft  -,  ot  few  or  none  fuch  there  who  receive  any  Pay.  And  (lull  tfiefe-bc 
 tore  free,  generous,  aclivein  ferving, fighting  i^[n{iGod,Religion,Lawes, 
 tberttes, Parliament  and  their  Country  .  than  thole  of  like  Ranke  and  qua- 
 :y  on  the  Parliaments  party  are  in  warring  for  them  ?  O  (h)  let  not  fuch  rt)zSm.ha& 
 lignoble,  unchriftian  Report  be  ever  once  jufii'y  toldinGath,  or  pdlifh- 
 I  in  thefireetsof  Askehn,  lejl  the  daughters  of  the  Philijlmesrcjoyce  *  left  the 
 mnes  and  daughters  of  the  uncircumci  fed  triumph . 
 
 I  know  there  are  fome  Heroicke  Worthies  in  the  Parliaments  Armies    of' 
 rhom  I  may  truely  ting  with  Deborah,  (/')  My  heart  is  toward  the  Govcrnours  ri)  Jud^.  5... 
 nlfrael,  that  offered  them [elves  willingly  .among  the  people .,  and  who  like  Ze*  lb- 
 don  and  Nepthali,  have  freely  jeoparded  their  lives  unto  the  death^  in  the  high 
 of  the  field.   Slcffcd be  their  Ende#vomrst  and  their  Names  forever 
 ronourable :  I  fliall  now  oncly  wifti  that  others  would  imitate  their  lau- 
 %ble  exar\plcs ,  that  fo  our  bng^Ungring  warns,   may  be  fpeedily  and 
 ippily  determined  in  a  bltffeA  ^ficure,  honourable,  laftmg  Peace. 
 
 They. 
 
The  Bpi/lletothe  Trader. 
 
 '  -•  Thcvare Tormentors, not Chirurgions,  Executioners ,not true Stuldurs, who 
 defire  'endeavour  not  fpeedily  to  clofe  up  and  heale  their  deareft  Countries 
 bleeding  kilr'mg  wounds  ^  for  which  I  have  prepared  this  Treatife,  as  a 
 Soveraigne  Balme,  to  incarne  and  cicatrize  them,  not  ulcerate,  or  inflame 
 
 "lit  was  the  Prophets  Patheticke  expoftulation,  (k)  The  har-vejl »- pojt) 
 OJ  Jcr.8..i?f  fhe  Stmmr  u  e„dcdj  4„d m  <,„  not  healed :  Is  there  no  Mm  w  Cilead?  h 
 >S'  there  no  Phyfitiari  there',  why  then  is  not  the  health  of  the  Daughter  of  mypeopfc 
 
 recovered'  It  maybe  England*  and  Irekr.ds  expoftulation  now  .--The 
 Lord  put  it  into  the  hearts  of  our  great  Phfitims  ( the  King ,  Parliament* 
 and  Grandees  o^  both  Armies)  that  they  may  now  at  laftwth  Weeding, 
 melting  hearts  andipirits,  fpeed.ly  poure  forth  fucheffeduall  healing 
 Balmes  into  thefe  two  dying  Kmgdomes  deadly  wmnds,  as  may  effectually 
 cureaadreflorethem  to  more  perfed  health  and  vigor  than  they  ever  for- 
 merly enjoyed,  that  fo  they  may  1  ofc  nothing  but  thcvptridhUod,  their 
 proud  de*d  fte(}>,  their  flthyfanies  and  corrupt  humours,  by  theu fmattt. 
 rail  lids  already  received:  'Towards  the  advancement  ox  wwdi  much 
 defired  cure,  if  thefe  my  undigefted  rude  Collections  (interrupted  with  fun- 
 dry  inevitable  interlopingD/#«tf/<w,which  may  juftly  excufe  their  many 
 defers)  nuyadde  any  contribution^  fatisfie  any  [educed,  ox  [crapulent 
 Confciences  touching  this  prcfent  W5»rr*  •,  I  mall  dccme  my  labours  highly 
 rccompenfedj  Andfo  recommending  them  toGods  blepng^ and  thy  cha 
 ritMeacceptMion,  I  fliall  detaine  thee  with  no  further  Prologue. 
 
 Jarewell. 
 
 — ' 
 
THE 
 
 SOVERAIGNE  POWER 
 
 PARLIAMENTS  &  KINQDOMES: 
 
 PROVING   Ift. 
 
 Zta*  'k  Parliaments  prtfoit  neajffary  Tefenfrve  Warre,  is  Just  and  Law- 
 fun  I   h  in  pofo  t  ofL  tV  and  Confcmce^trnd  no  Treafon  nor  ^hellion. 
 
 Avi<  g  in  the  two  former  Parts  of  this  Difccurfe  diflipatcd 
 fourechiefe  Complaints  againft  the  Parliaments  procee- 
 dings;! come  now  in  order  (in  point  of  time  and  feqaci^ 
 totbe  5th  Grand  Qbjc&ion  of  the  King,  Royahfts,  and 
 Papifts  againft  the  Parliament.  To  wit :  *  That  they  have 
 
 ofya.  s< 
 
 Sec  many 
 fraiteroufl;  tak*'*up  slrmeSyttrd  levied  warre  agamfi  the  Printed  De-4 
 
 citations, 
 
 King  himjetfe  in  his  Kingdome;  and  wcutdhwe  taken  aw  y 
 bis  life  at  Keinton  £>attet£>  which  ts  no  lejjc  than  Re b Alien 
 and  High  Treafont  by  the  Statute  of  15.  E.  3.  c»  2.  nitb 
 other  obfolete  eyftls;  and  by  the  Commtn  Law*  Which 
 3oje&ion,  though  laft  in  time,  is  yet  of  greateft  weight  and  difficulty,  now  moft 
 tyed  up  and  infi  ted  on,  of  all  the  reft,  in  many  of  his  Ma/cftks  late  Proclamations, 
 Declarations,^  in  Antl-Parliamsntary  Pamphlets* 
 
 To  give  a  pund:iiall  Anfwere  to  this  capital!  Complaint,  not  out  of  any  defirc  to  f  o- 
 ,  nent,  but  ceafc  this  moft  unnatural!  bloody  warre,  which  threatens  utter  defolation 
 o  us  if  proceeded  in,  or  not  determined  with  aju^:,  honourable,  fecure,  lading 
 cace;  now  lately  re/eclcd  by  his  Ma  jetties  party.  I  fay, 
 
 Firft,  that  it  is  apparent  to  alithe  world,  wh  d  are  not  willfully  or  malicioufly  blin- 
 ed;  That  this  Majesty  firft  began  this  warre,  not  onely  by  his  endeavors  to  bring  up 
 lcNorthernc  Army  to  force  theParliament,confeffed  by  the  flight,letters,examinati- 
 ns  of  thofe  who  were  chicfe  A&ors  in  it;  but  by  railing  fundry  forces  under  colour  of 
 guard  before  the  Parliament  levied  any. 
 
 Secondly, that  the a  Parliament  in  raid  ig  their  forces  had  no  intention  at  all  roofer 
 vcleaflviolcncetohi^Mifeftiesperlon,^^^!!?,  dig»iicy,  nor  to  draw  any  Englifa 
 ood;  but  onely  to  defend  themfelves  and  the  Kingdomc  againfthis  MajefticS  Ma- 
 ^nanc  invafivc  plundring  Forces,  to  refcue  his  Majefti:  out  of  the  hands,  the  power 
 "'thofeillCouncellersandMalignants  who  withdrew  him  from  his  Parliament,  to 
 nnghirnbacke  with  honour,  peace,  fafecy,  to  his  great  Couacell;  (their  Generall 
 
 A  and 
 
 Proclamati- 
 ons to  this 
 eftc&s  with 
 other  Piixi* 
 phlc;$. 
 
 Anfo, 
 
 2: 
 
 *  Seethe 
 Houfesfevc- 
 rail  Declara. 
 tions  co  this 
 efo£. 
 
The  Lawfidnefje  of  the  Parliaments  necejfary  Defenfivt 
 
 and  Army  Marching  \Vith  a  Petition  to  this  purpoie  J  and  to  bring  thofe  Delinquents 
 to  condigne  puaifhment  who  mod  contemptuoufly  defeated  the  Houfes,  contrary  to 
 Order,  I  aw,  the  Priviiedgcs  of  Parliament,  their  owne  Protection  taken  in  both  * 
 Houfesjfhdtringthcmfelves,  under  the  power  of  his  Maj:fties  prefence  and  Forces, 
 from  the  j  jftice  of  the  Houfes,  and  apprehenfion  or  their  Officcrs,contrary  to  all  pre- 
 fidents  in  former  ages,  in  High  affront  of  the  priviledges,  honour,  power  of  the  Par- 
 Uament3  and  *P#W*wr  #£<*//  ^nowns  La\\>eot  the  Reaime  :  Since  which  time,  his 
 *v  x$  E  l  c*^  Majeftie having  (contrary  to  his  ioxvciziTrocUwations  and  frequent  Primed  folemne 
 lltAjkejT*-  Dnfowi0™)  entertained, not onely  divers hifb  Pop  fiR*beIs,but  likewile  E*ghfbml 
 bUiCommP'  ^u^andifli  Papifts  in  his  Array  ,and  given  Cummiiiions  to  fundry  *Arch-  Popijb  Reca- 
 6, 7  the  Law  /ants  xto  Acme  them(elves,and  raife  Forces  againft  the  Parliamcnt,and  Kingdom,  now 
 bookeschere  in  the  field  in  all  the  Northerne  parts,Wales,  and  other  places,  ( and  that  under  the  Popes 
 8^li5*f  e'  owne  confecrated  Banner  as  many  report,)  in  defiance  of  our  Proteftant  Religion,. 
 3 .  \9!         (defignedby  the  Popijb  Party  both  at  home  and  abroad,  to  no  leffe  then  utter  extirpa-  jj 
 Coron,»  6  r.  tion  in  England^  Well  as  in  Ireland^  if  not  in  Scotland  too,  (as  fome  of  them  openly  •; 
 Vyerx6o..     profeflfe;  j>  the  Parliament  are  hereupon  neceffitated  to  augment  and  rccrute  their  for-  jj 
 Stamford:  ^    cesjas  for  the  precedent  ends  at  firft, fo  now  more  efpeciaily , for  the  neceffary  defence  j , 
 frijrtf'fii,  °^  *c  Proteftant  Religion  eftabliflied  among  us  by  law;  againft  which  they  fand  all.fl  s 
 fyX$\\  *' '    'others  who  are  not  wilfully  blinded)  vifibly  difecrne  a  raoft  apparant  defperate  11 1 
 ^  The  De-   confpiracic;  which  though  not  cleerely  perceived,  but  onely  jufllj  fujpefted  at  firft,  j: 
 curationof-  doth  nowappeare  fallcircumftanccsandagcntsconfidcred)  to  be  the  very  Emhioll 
 ^^^s^n  and  primitive  caufe  of  this  deplorable  warre;  agninft  which  the  Parliament  and  fub*  f 
 Aniwe^co  his  j^-arc  now  more  neceffitated  and  engaged  to  defend  thcmfelves  then  ever,  feeing    : 
 Majeities,     they  have  by  all  poffiblcmeanes  endeavored  to  prevent  this  warrcat  firft,  andfincetol 
 cqneerning    accommodate  it,though  in  vaine»  upon  juft, reafonablc,  and  honorable  fafc  termes  foil  n 
 ftekmfito*  King  and  Kingdome,  The  fole  Qucftion  then  in  this  cafe  thus  truely  ftated  will  be. 
 -*♦•-  W hether  his  Ma/eftic, having  contrary  to  his  Oath,Duty,the  f undamcntall Laws djl <x 
 
 God  and  the  Reaime,  raifed  anArrnieof  Malignants,  Papifts,  Forraigncrs-  agaiofl^i 
 his  Parliament,  Kingdome,  People,  to  make  an  Offensive  warre  trpon  them,  tclcc/ 
 murthe^robjfpoylejdeprive  thtm  of  their  peace,  liberties,  properties,  cftates;  t<[ p 
 impofe  uniawfull  taxes  by  force  upon  them ;  protect  Delinquents  and  evill  Coun.  iy 
 cellors  againft  the  Parliaments  Justice,  and  violently  to  undermine  our  cftabli/]ic<|  k 
 Protcftant  Religion*  the  Common-wealth  of  England  legally  afTembied  in  Partial  I 
 ment;  and  all  Sub/ccls  in  luchcafes,  by  Command  and  dsredion  from  both  Honfclto 
 of  Parliament,  may  not- lawfully  and  juftly  without  any  Treafon  or  Rebellion,  in  poifil  da 
 of  Law  and  Conscience,  take  up  defenfiveArmes  to  preferve  the  Priviledges  c| 
 i,  Parliament, their  LaweSjiiveSjlibcrties^ftatcs.properties^Reiigton,  ro bring  Deiirl  ih 
 
 i .;4cnts  arid  ill  Councelburs  to  coodigoe  pumfhment,  and  rcicue  his  feduced  Ma/eftil  k 
 out  of  their  hands  and  power,  though  he  ce  perfonaliy  prefent  with  them,  to  affil 
 and  countenance  them  inthis  unnaturall  deft  ru&ive  warrc  ?  1  cone 
 
 And  under  correction  (notwithstanding  any  thing  I  ever  yet  heard  or  rcadtotrl 
 contrary)  1  conceive  aSrxnarivcly,that  they  may  juftly  do  lt.both  in  point  of  Law  an  I 
 Conference,  Ifhali  begin  with  La  wa  becaufj;  inthis  unbappic  controver(ic,itmuftd  I 
 reel  the  confcience,  ■/ft), 
 
 >%<&  i  &  2      H;lVl  have  h  already  provsi  in  Judgement  of  Law,  the  Parliament  and  -KitiiW/o 
 v*ugu«hcuc,   doWeaffembled  initio  be  the  Soveraigne  power,  and  of  greater  authority  then  til  \\ 
 King,  .whs  is  but  -sbeir  publike  Minifter  in  pointof  dvill  luftke^  andGenerall  J  , 
 W&&&  QEmmfy^hs&mm&mg&wd  Bmpetor^  wac*  m&loth£d:orratg| 
 
WarrCj  both  in  Point  of  Law,  and  lonfctcnce. 
 
 Kingsof  old  andat  this  day  arc.  The  Parliament  then  being  the  highclt  power,  and 
 ruvingprincipallnghr  and  authority  to  denounce,  concludeand  prcclaitrc  warre,  fas 
 I  have  manifested  nuhe  debate  of  the  MHhUf)  ;nay  notoncly  lawfully  rel;(t,butop- 
 pugnc,  fuppreffe  all  Porces  railed  againit  it,  and  the  Kingdomes  pc3cc  or  welfare. 
 
 Secondly,the  principal!  end  of  the  Kingdomes  .original]  erecting  Parliaments,and  in- 
 veiling  them  with  fuprcamc  power  at  tirlt>  was,  to  defend  not  onely  with  good  La  wes 
 and  Counccll,  but  when  ablblucc  nccelTitic  requires  (as  now  it  doth,)  with  open 
 force  of  Armcsj  the  Sub/eels  Liberties,  Pcrfons,  Eflatcs,  Religion,  Lawcs,  Lives, 
 Right?,  from  the  encroachments  and  violence  of  their  Kings,  and  to  keepe  Kings 
 Within  due  bounds  of  Law  and  Iuftice  $  the  end  of  inftituting  the  c  Senate  and  Ephori c  Ut  Vtiyhtu 
 among  the  Lacadcmonians,  the  Senate  and  Dictators  among  the  Rminy  the  d  Ft  rum  Htft.l.6.**rt{i 
 SHprar6tenft,  and  J  uft<tU  A  regent*  anong  the  AragonUns  ;  of  Parliaments,  Dietta,  lo  i*iUc*e« 
 and  ^ilcmblics  of  the  eltatcs  in  other  forraignc  Kingdomes,  and  in  $cot'and>  as  I  (hall  ioX*«M« 
 prove  at  large  in  its c  proper  place.  This  is  clearc  by  the  proceedings  of  all  our  Parlia-  Bodm  1. i ,  c3 
 mentsin  former  ages;  Efpcciallyin  King  Ichns,  Her.ry  die  third,  Edward  the  i.  a.  3.  d,0\l'*>c\**    , 
 and  %kb>trd  the  leconds  RaigneS;  by  the  latter  Parliaments  inKing/^wr /  his  raigne*,  ^l^3^n% 
 yea  of  3.  £4ro/*,thela(t  diffolvcd  Parliament,  and  this  now  (itting,  whofe  principal!  Refum  c*m„ 
 care  and  imploymcnt  hathbeene  to  vindicate  the  Subjects  Liberties,  properties,  lawes,  wcwr.p,j88# 
 and  Reiigion,fromalliliegall  encroachments  on  them  by  the  Crown  and  its  ill  Inftru-  5*9.7  ^to 
 raents:  by  the f  forccited  refolu  tions  of  B  ration,  Tleta,  the  M)rror  of  Inflicts ,  Vorre  ll%  7*  5'7*7,to 
 Hol$*J7jcd:  the  CoHncell  of  Bafill%«nd  ?/£w,that  the  Parliament  ought  to  reftraine  and  ^arfrta'dt 
 bridle  the  king  when  he  cads  effthe  bridle  of  the  Law,  and  invades  the  Subjects  Li-  Rrje&RcfU 
 bcrties,cfpecially  with  open  force  of  Armcs  in  an  Hoftilc  manner :  and  by  the  conftant  ivjHtd.  i*.%< 
 practifc  of  our  v*nceftorsand  the  Barons  Warrcs,  in  maintenance  of  Magna  ^harta,  to  10* 
 with othergood  Lawesand  Priviledges,  confirmed  by  Parliament.  If  then  the  Parlia-  'l*^    ?m 
 imcnt be  intruftcd  by  the  Kingdomc  with  this  Superlative  power,  thus  to  protect:  Ac?paJ^"4# 
 Subjects  Libcrties,propcrties,Lawe8,pcrfons,Religion,&c.  againft  the  kings  in va (ions 
 on  them  by  policic  or  violence:  they  (hould  both  betray  their  truft,  yea  the  whole 
 »<ingdome  too,  if  they  (hould  not  with  open  Vorce  of  ^rmes,  fwhen  Policy,  Coun- 
 JKli,  and  Petitions  will  not  doe  it  J  defend  their ownc  and  the  Subjects  Liberties,  per- 
 sons, priviledges,  &c.  againft  his  Maj  :fties  ofTenfivc  Armies  which  invade  them,  in- 
 ending  to  make  the  whole  kingdome  a  prefent  booty  to  their  infaciablc  rapine,  and  a 
 I  uture  vaflallto  his  Majefrics  abfolute  arbitrary  power,  by  way  of  conqueft* 
 »  I  readc  ins  Bodin  that  the  Roman  Senate  being  no  wayablctorefcraincC\f/rfr,tookc  scommH- 
 heir  refuge  to  that  ancient  Decree  of  the  Senate,  which  was  commonly  made  but  in  »edth  Lj.*.i 
 langerous  times  of  the  Common-  weals,  Videant  Confutes  &  cateri  Magislratus  ne^plut^^- 
 ifttd detriment  cafUt  Refrublka  :  Let  the  Coofulls  and  other  Majcftrates  rorcfee  that     pmt€Wb 
 jhc  Common-wealc  take  no  harme.  With  which  docrce  of  the  Senate,  the  Confulls 
 t  >cing  armed,  fodainely  raifed  their  power ,commanding  Pompey  to  take  up  >4rmcs  and 
 \  aifc  an  Army  againft  Ctfar  to  oppofe  his  violent  proceedings  by  force  who  after  bis 
 onqucft  of  Pompey  refuting  to  rife  up  to  tbeConfulis,  Prctors,  and  whole  Senate, ouc 
 JM  his  pride,  through  his  ill  Counceliors  advile,  and  talking  with  them,  ss  if  they  had 
 :  >eenc  but  private  mcn,hc  fb  farrc  offended  both  the  Senate  and  people,  that  to  free 
 .;  he  Rcpnblickc  from  his  Tyranny,and  prefcrve  their  hereditary  Liberties,  they  confpi- 
 
 tcd  his  death,and  (oone  after  murthercd  him  in  the  Scnatc-houfe,whcre  they  gave  him 
 |0  lefle  than  a  g.Wounds^And  *  Hieronimus  BUnea  aflurcs  us,that  the  Snprarbtcnje  To.  h    jjjjjf*" 
 *m9lHftitU  vfrtgmtjx  States  ofArag'n, (erected  to  withftand the  tyrannie  and  en-  *commnui. 
 roachments  of  chcir  kings)  may  by  the  Laws  of  their  Realmc  affcmblc  together,  and7i4. 
 1  A  a  '"     RESIST 
 
7  he  LarvfHlneJfe  of  the  Parliaments  necejftry  Defer* five 
 
 RESIST  THEIR  KING    WITH  FORCE  OF  ARMES,^  oft  as  there Jballbce 
 
 cneede  tor  epulfe  his  }or  Ms  Officers  ziolewe  tgainft  the  Lawes  ;  Tor  when  they  ereclcd 
 i  this  Courts  they  faid,  Ic  would  be  little  worth  to  have  good  Lawes  enacted,  and 
 t  a  middle  Court  of  luftice  betwecne  the  King  and  people  appointed,  if  ic  might  not 
 tbehwfiiilto  take  up  Awes  for  their  Defence  when  itwasneedfnil  $  (being  agrees 
 «  able  to  the  very  La w  of  nature  and  rcafon;)  Becaufc  then  it  will  not  be  fufricicnt 
 c  to  fight  with  Counfell :  For  if  this  were  not  io.and  the  State  and  Subjc&s  in  fuch  cafes 
 €  might  not  lawfully  take  up  armes,  all  things  had  long  ere  this  been  in  the  power  of 
 c  King?.  Therefore,  no  doubt,  our  Parliament  and  Stare,  as  well  as  others,  may  by  the 
 ^very  Law  of  Nature,  and  fundamental!  inftitution  of  Parliaments,  now  juftly  take 
 cup  Defenfive  armes  to  prefervc  their  Liber  tics,  Lawes,  Lives,  Eflatcs,  Religion* 
 v  from  vafTailagc  and  ruine. 
 
 Thirdly,  Our  ownc  Pat  liaments,  Prelates,  Nobles,  and  Commons  in  all  ages  (cfpS 
 cialiy  in  times  cf  Popery )  as  well  in  Parliament,  as  out,  have  by  open  force  of  armes 
 refilled ,  fupprefTed  the  oppreflions,  rapines,  vnjhft  violence,  and  armies  of  their 
 Princes  raifed  againft  them*;  Yea,  incountred  their  Kings  in  open  Battells,  taken 
 their  perfons  Prifbners,  and  fometimes  expelled,  nay  depofedthem  from  their  Roy- 
 all  authority,  when  they  became  incorrigible  open  profefled  enemies  to  their  king- 
 domes,  their  Subjects,  feeking  the  ruine,  flavery,  and  defolation  ofthofe,  whom  by 
 Office  ,  Duty ,  Oath,  and  common  luftice ,  they  were  bound  inviolably  to  pro* 
 ^  ,  tcft  in  Liberty  and  peace,  as  the  *  premifed  Hiftories  of  Atchigallo,  Emcr';an%  Vorti* 
 
 s^&c^    ' gtrn^Segebert^  Ofred,  Etbelrtd,  Bernard,  Edwin  %  Ceofattlfe,  King  John,  Henry  the 
 7y  l "  ■ '       *$*.   Ehvard  i.  and  2.   Richard  the  2,  Henry  the  6lK  four  Britifi,  Saxon,  Englijh 
 JLwgs9)znd  other  examples  common  in  our  owne  Annalls,  plentifully  manifeft.  Nei- 
 ther are  their  examples  fingular,but  allKingdomcs  generally  throughout  the  world  in 
 1Jge  jria    all  ages  have  done  the  like,  when  their  Kings  degenerated  into  Tyrants,  of  which 
 ?o-ir.l:5  c.  iothercrf^  *  infinite  precedent  in  Hifloryx  which  actions  aH  ages,  all  Kingdomcs  have 
 D-.  'Beards    alwaies  reputed  lawtull  both  in  point  of  Policy,  Law»  Religion.,  as  warranted  bj 
 Theauc  of  thc  very  Lawes  of  Nature,  Reafort,  State,  Nations,.  God ;  which,Jin{trucT:,not  oncl; 
 Gods  iu dge-  partjcuiar  perfons,  but  whole  Cities  arid  Kin  gdornes  for  their  ownc  ncceffary  defence 
 ^co";  *aX  preservation,  the fupportation  of  humane Societie  and  Libertic,  toprotccl  t.hemfclvcJ 
 zcwrun'Cerc-zgzwR.  all  unlawfail  violence  and  Tyranny,  even  of  their  Kings  thsmfelves,  orthct 
 sii  piusi  i?»c  Minifters,  to  whom  neither  the  Lawes  of  God,  Nature,  Man>  nor  any  civill  Nation 
 [avguineiiifoj  cycr  yeC  gave  the  leaft  authority  to  Murther,  -Spoile,  Opprcffe,enfiave  their  Subject? 
 ^txef&Zca  or  ^cPrive  tne[n  °f  lnc*r  l»wfull  Liberties  or  E(lates$  which  refinance  were  it  unlaw 
 mfrterjra?mfatt°*  unjuft  (as  many  ignorant  Royallifts  and  Parafitcs.  now.,  teach,)  foincfewep 
 imxnd.  Set  preffirig  tyrannizing  wilful!  Princes,  might  without  the  leaft  reiiftance,  ruine,  mur 
 .he  Appen-    thcr,  edhve  the  whole  world  of  men  ;  overthrow  all  fctled  formes  of  civill  govern 
 ment,  extirpate  ChriltianReligicn,and  deftroy  all  humans  Society  at  their  pleasures 
 ail  which  had  beene  effected,  yea,  all  States  and  Kingdomes  totally  fubverted  Ion 
 agoe,  by  ambitious  Tyrannizing  lawlefre  Princes,  had  not  this  Lawfull,  Naturall,H< 
 reditary  power  of  refitting  and  oppofing  tlaeir  illegal}  vioience(inhersnt  in  their  Pai 
 liaments,  States,  Kingdomes )  retrained  and  foppre  fled  thehr  exorbitances  of  th 
 kindc.  Now  that  this  neceffary  Defenfivc  oppofition  and  rifiitence  3gainft  open  Regs 
 Hoftilc  violence,  which  hath  beene  ever  held  lawful!,  and  frequently  ptaclifed  in?  f 
 "Kingdomes  y  ait  ages  heretofore,  as  juft  and  neceflary  5  fliouicl  become  fodenly  m 
 lawful!  to  cur  Parliament  and  Kingdomc  .onely,  at  this.iuftant,  feemes  very  acre 
 S»>abieuntorr& 
 
Jl'arrc,  both  in  Point  tf  Larv^  andConfckr.cf. 
 
 Fourthly,  It  is  the  cxprefle  reloluticn  of  k    Jrtftalf,  '  Xtndfhon,  «  /«#£/**,  k  Pcflf.l.f.c/ 
 
 Pope  Elnthfr.iu,  (in  his  EpiftUtoour  fiift  CbriAian King,  LticttisJKir^JitTrard  J*"-    ,    .. 
 
 licConfcflbrin  his  eftablifhedLawcs,  Qtytfao  r  Ccurcdi  or  Jtaar,  Aur.o  fc2<  .  ™*^ 
 
 nd  7/Wr  cited  by  it  ;  li  M»  &«&*,  J  jfta  ^.fr/**;*,  •  and  gcrct ally  or  ail    fcr-  ?  'y,<yU6A 
 
 aienc  Divines  and'  Polititiani, Pagan  or  Chriftisn  ;  jca  cf  { JJrs:.  tay  9  .FV- :j  I 
 
 ?*r,  and  *  King/'JWJ  himfclic  ;   that  a  King  governing  in  a  Idled  Kipgjdom*CnciltT$mt* 
 
 is  Subjfllsywbombe  pioxld  Protift .  and  rule  in  peace  \  to  pillage,  pfuwitr>r  aftcyi  nd  ^t7y  S^Mon] 
 half  his  Kmuicme  ;  imprtfov*  tKUtth  lefthj  Lis  jeeple  in  an. bo  ft  He  .manner,  to  P«A*P»*'4- 
 
 sptivateibanto  his  p  leaf ure  ,  thevciy  bfghtfl  degree  or  Tyranny,  condemned and  J^/^Lj 
 letcitcdby  God, and  all  good  men.  The  whole  State  and  Kir.gdcme  therefore  in  iuch  jjj^.     ' 
 afesas  thefe,  for  their  crone juft  ncccflary  pre£rvation,  may  lawfully  wi:h  force  a  Ccmnw- 
 i  Ernies,  when  no  other  courfe  can  iccurcthcm,  net  cnely  pcflively  ,  but  actively  wedtbX  *.ci 
 cfilt  their  Prince,  in  fuch  his  violent,  exorbitant,  tyrannical!  proceedings;  without  r4>  *• 
 efiRingany  kingly,  lawfull  royall  Authority  VeftcdintlfK-.n^sptrfcnfr^e  I  tog-  ^Jj*^? 
 'onus  pre/en  at lenemlji  net  deftruclion;  becanfein,  and  as  to  thefc  lilegdl  opprefli-  i#1.c#  */cm ' 
 
 rivatcnran,who(  a*  to the'e  proceedings)  hath  quite  denuded  hirnfclfc  of  lis  jnft  ucum^A; 
 legall  authority.  So  that  allthcfc  wholfome  Law  es  made  by  the  U' hole  State  in  Par-  c.  9.10  1?. 
 iament,  for  the  necc&ry^prefervationand  defence  v£  their  Kings  Rcyall  Pcrfcil, x  Speech  In 
 nd  lawfull  Sow  r.:ignc  power  ;  thefnpprcfiionofaillniurrcclions,  Treafans,Con-  Payment 
 piracies  and  open  Warres  againft  them,  whiles  they  governe  their  people  y.tftly  ac-  T^iC;  Ar,r'* 
 ordixgto  Law,(to  ail  good  Princes  arc  *  obliged  to  doe  by  oath  and  duty  j)  or  the  o-  r  Brah.ht\cl 
 >en  violent  refilling  of  their  Lawfull  authority  and  Comrnancs ;  to  which  all  Sub.  9jiaa\.ilc\ 
 'tils  both  in  point  of  Law  and-b  fcnfciencc^  ought  cheerfully  and  readily  to  Submit ;  i7-Fc7uf%c. 
 /ill  yecld  no  publike  Countenance,  Encouragement,  or  Protection  at  all  to  Kings,  in  ^*to  ■*•  Ctc}f 
 ^cirirregall,tyr8nnkall  oppieflipns,  or  violent  ecurfes  5  cfpecially  when  they  turne  li^jJ^ 
 "rofefled  publike  enemies  to  their  people,  prcclaimc  open  Warre  againft  them,  invade  c*fi  Rom,i] 
 :icirLawes,  Liberties,  Goods,  Houfcs,  Pcrlbns,andexercifeailaclsof  Hoftilitiea-  4,5.1  Pet.i. 
 ainft  them,  as  fatrc  forth  as  the  mo  ft  barbar  ous  Forraigne  Enemies  would  doc  :  It  x4. 
 sing  againft  all  common  fence  and  reafoia  to  conceive,  that  our  Parliament?,  Lawes  -  Sc,eth,e  ^ 
 /hichilricUy  inhibit  and  pun\(h  the  very /matte ft  violations  of  the pnblikep? ace,  with  \  ^*'  2. 
 "1  kinds  of  Opprefpons,  Robberies,  Trefpatf' s, batteries,  A^aHhs.Biodp^dsJraifs^  aVhro  9.8 
 MnrtherSy  Rctitsi  Riots,  Ir,furrtRionsy  Burglaries  Rapes,  P i under ings.T or ce* able  'En*  ^eethcKiogt 
 
 wmciofo 
 
 k^ouldfj  farre  countenance,  juftifie,  or  patronize  them  cnely  in  the  King,  the  Su-  3,i 
 i  eame  fountaineof  Iuiiice    (ad  tuu'am  leg's  ccrpcn.rn  cjr  b  cYimnr  trill  hs  ,  $*$£*** 
 
 '.*>  and  Sir  <=  £dyt>*rd  fcoke  refolve^ Cujus  Tctefas  Juris  efi:  &  nott  lrju>U  ;  &  dt  R(?f  &c* 
 ;irm  fit  author Inns,  xox debet  inde  injurianm  nafcvcccafo,  unde  Jura  nafefntnr,  as  JsStoiiSrt 
 <?>>•  >.?*/,  and  g  Flfta  determine  ;)  as  not  to  permit  the  Sufcjrftf.ui.dcrpainc  tf1M*»^ol4.^p.i6. 
 J***-lChr*lh*ee.Mai'uat.deRe£&  Re£xfoJlxU%c  9,  d  VeLcg.jrg  c  9  iojj.13.14.  c  lih.?-  *.f.C<Jlf«M.Gafe. 
 » -w.  l'c*9:Ui<?7*  I  lib.  |.c,i74. 
 
 A 1  hUun 
 
The  Lawfufoejfe  of  the  Parliaments  necejfary  Defenfive 
 
 hellion  and  high  Treafn,  byforceof  Armes,  upon  exprefTc  command  and  direction 
 of  the  whole Kingdomc in  Parliament,  (o  much  as  to  defend  their  Perfons,  Good?, 
 Eftates,  Houfes,  Wives,  Children,  Liberties, Lives,  Religion,  againft  the  open  vi- 
 hLib   V      olence  ofrhe  King  himielfe,  or  his  Malignant  piundring,  murtbering  Papifts,  Ca- 
 1  it  lautle-  vcicers :  When  as  Kingsof  all  others(as h  BraUon}  For  efctte ,and  *  Lfrfariana  prove 
 gum  jtngl.  c.  at  forge,)  both  by  Oath  and  Duty  ,  ought  to  be  more  obfervant  of,  and  obedient  to 
 9-  fo  i  * «        the  Laws  of  God  and  their  Realmcs  (which  are l  no  refpeUors  of  Perfo  >)  then  the  vc- 
 k  V'Rw&  ry  mcaneft  of  their  Subjects.  That  Precept  then  of  Paul,  Rom.  i  g.  i .  2.  3.  Let  eve- 
 LuV'T*'   r)S9»{ekfutje&tothebigberPoinrs,&c.  Andthc  Statute  of  25.  E  3,<\2.with  c- 
 1  Dmt.t  0.17  thcroblohtc  Ads,  which  declare  it  High  Treafon^to  levy  Wane  agtinft  the  King  tfj 
 prov.i8.ii   bis  Retime,  mult  needs  be  intended  o(,  and  qualiificd  withthefelubfcquent  juftli. 
 Rotn.t.n.    rnications,  fuuble  to  their  genuine  fenfe  and  meitiing;  to  wit,  That  as  long,  and  fc 
 fpec!  11  I#   *arrc  foartn>  as  Kln§s  ^"u^y  an<*  uprightly  doe  execute  their  juft  Royall  power,  con- 
 .  tCtUl7*    ferred  on  them  by  God  and  their  people,  according  to  the  Law  of  God,  and  then 
 Rcalmes,to  the  Protection,  encooragement  and  praife of  alt  their  good  Subjccls,  anc 
 the  deferved  punifliment  oncly  of  Malefactors ;  they  muft  and  ought  to  be  cheereful- 
 ly  obeyed,  and  quietly  fubmitted  to,  as  Gods  ovvnc  Minifters,  without  the  leaft  rcfi 
 (lance,  private  or  publike  ;  neither  ought  any  private  men  upon  any  private  in 
 juries,  of  their  owne  authority  to  raife  up  in  Armcs  againft  them,  feeing  they  ar< 
 publikc  Magiftratcs  in  whom  all  the  King  dome  have  an  intereft,  without  the  general 
 aflent  and  authority  of  the  whole  State  and  Kingdomc,  or  or  both  Houfes  of  Pari* 
 ment  which  reprcfentsit.  But  if  Kings  degenerate  into  Tyrants,  and  turnc  profeffa|j 
 enemies  to  their  Kingdomes,  Parliaments,  People,  by  making  open  Warre  again! 
 them;  by  fpdyling,  murtbering,  imprifoning,  maiming,  facking,  deftroying,   0 
 putting  them  out  of  their  Protedionss  without  any  juft  or  la wfuil  grounds,  endea 
 vouringby  force  of  Armesto  fubvert  their  Lawes,  Liberties,  Religion,  and  expo! 
 them  as  a  prey  to  their  mercileffc  bbod-thirfty  Souldiers ;  or  bring  in  Forraignc  Foi 
 ces  to  conquer  thcm>  (our  prefent  cafe ;  )  I  dare  confidently  averrc,  it  was  never  tr 
 thought  nor  intention  of  Paul,  or  the  Holy  Ghoft,  much  iefle  of  our  Nobles,  Pre 
 lats,  and  Commons  in  Parliament,  which  enacted  the (e  Lawes  (who  foofc  tool 
 up  Armcs,  afweii  offenfive,  as  defenfive,  againft  our  Kings,  in  fuch  like  cafes  herctc 
 fore  J    to  inhibit  Subjects,  Kingdomes,  Parliaments  (cfpecially,  by  direct  Voti 
 and  Ordinances  of  both  Houfes)  under  paine  of  damnation,  high  Trcafori,  or  Rcbc 
 lion,  by  defenfive  Armcs  to  refill  Kings  themfelvcs,  or  any  of  their  Cavallicrs :  ar 
 if  this  queftion  had  beenc  put  to  Taut,  Teter,  or  any  of  thofe  Parliaments,  whk 
 enacted  thefc  objected  Lawes ;  whether  they  ever  meant  by  thefc  Precepts  or  St* 
 tutes,  totally  to  prohibit  e  all  Subjecls9by  general  affent  in  Parliament  %  to  take  up /ml 
 defenfive  iArmesy  or  make  any  force  able  refiftance,  againft  their  Kings  or  their  tArmk 
 in  fuch  cafes  of  extremity  and  neceffity  as  tfofe,  unier  the  forefaid  penalties  ?     I  ma], 
 little  queftion,  but  they  would  haveciearely  rciblvcd  ;  that  it  was  never  fo  much 
 *  S    D  ^     w^^n  *c  c°mPaff*  of  their  thoughts,  much  leffe  their  plaine  intention,  to  prohibi, 
 Bzirdi  i^elfuchar^ftancc>  *n  l^s  or  fuch  like  cafes,  but  onely  according  to  the  precedent  c, 
 atec  of  Gods  pofition  of  their  words  5  and  that  they  never  imagined  to  cftabli/h  in  the  world  a 
 lodgements,  Vnrefiftable  Lawleflfc  Tyranny,  or  any  fuch  fpoile  or  butchery  of  Kingdomes,  of  St  1 
 1 **«  1 3.  to    j  :&8,cxecrablc  to  God  and  mao,in  a'l  perfons,all  ages,which  have  *  refilled  them  cv  J .. \ 
 41  ••"  unto  bloodjbut  rather  totallyto  fuppreffs  themjTherc  being  fcarce  any  more  pregns* 
 
IVarrc^  both  in  Paint  of  Larv^  and  Conscience. 
 
 ext,againttthe  Tyranny,  the  boundlcHc  Prerogatives,  the  illcgall  proceedings  of 
 ings,and  Higher  Powers  in  all  the  Scripture  ,thcn  that  of  %omans  13.  1.  to  7.  if 
 ghtly  kanncd,  as  Ptretts,  and  others  0.1  it  manifefr.  Therefore  the  Parliaments 
 id  peoples  prefent  defenfive  War  re,  and  refiftafWtc  againft  their  fetiuccd  King, and 
 s  Malignant  Popifh  Cavalliers,  is  no  violation  ot  any  Law  of  God  ;''  of  the 
 :almc  ;  but  a  juft  necetTary  Warrc,  which  they  have  to  the  uttcrmoft  endeavoured 
 1  prevent :  and  no  Treaton,  no  Rebellion  at  all  within  the  meaning  0^  any  Law, 
 ■  Mature, unlcfTc  we  fliould  thinkc  our  Parliaments  fo  mad,as  to  declare  it  high  Tr« a  • 
 n,  or  llebellion3  even  for  the  Parliament  and  Kingdom:  it  (clfc,  fo  much  as  to  take 
 )  Armes  for  their  owncneceflary  prefervation,  to  prevent  their  inevitable  mine, 
 hen  they  are  openly  affauhed  by  RoyaJl  armies ;  which  none  can  ever  prefumc  they 
 'oulddoe,  being  the  very  high  way  to  their  owne>  and  the  whole  Kingdomes 
 bvcrfion. 
 
 Fiftly,  admit  the  King  mould  bring  in  For raigne forces  (Frexch,  Sp4n:fl,  Danes, 
 \Htc'}yor  Irifij )  todeftroy,  or  Conquer  his  Sub/eels,  Parliament,  Kingdome,  (2s 
 me  iuch  forces  arcalrcady  landed,  and  morecxpcJkd  daylyjj  and  fhould  /oin  him- 
 lfc  perfonally  with  them  in  fuch  a  fervicc,  I  thinke  there  is  no  Divine,  Lawyer,  or 
 ue  hearted Englipynani  fo  void  of  rcafbn, or  common  understanding,  astoarfirmc 
 Troafon,  or  Rebellion  in  point  of  Law,znd  a  matter  of  Damnation  in  Cox/cien:^ 
 rrrue  D jz//w>/,  for  the  Parliaments,  Sub j eels,  Kingdome,  to  take  up  neceflary  de- 
 •nfivc  armes  tor  their  owneprcfervationuifuch  a  cafe,  even  againftthc  King  him- 
 ife,  and  his  army  of  Aliens  ;  but  would  rather  decmc  it  a  jufr,  honourable,  nccefia- 
 t  aSion ;  yea,  a  duty, for  every  Engitfh  manto  venture  his  life,  and  all  his  fortunes, 
 r  the  defence  of  his  ownc  dearcit Native :Countrey,  Pofterity,  Liberty,  Religion; 
 dnolcfTethen  a  glorious  m  Martyr dome,  to  dye  manfully  in  the  Field,  in  luch  a  .  ^f&*2 
 fiblickc  quarrel  1  :   the  very  Heathens  generally  rciclving  ;  that  n  DuLe  cr  deco-  caufa'i, 
 lm  eft  pro  PWiamori :  Etmertes  pro  Patria  appetUd>yNon  folum  gloriofiz  Rhcto-  i.z.^£alvin. 
 ff$,fedetUm  bea\^.^\dtn  folent  :    In  a  cafe  of  tbisquallitie.  Whence  that  noble  Uxicon.  lurid 
 bmanc  °  Cam:  flip,  profefted  to  all  the  Romanes  in  a  publike  Oration  ;  P/ttrU  d^ejfe  Tit  Bcllum. 
 ioa  i  vita  fuppetat,  a/ijs  turpey  fami/io  et»*m  N  E  FA  S  EST.  And  is  not  there  the  ", ,C  ^7l 
 tefc  fame  equity ,  and  reafon,  when  the  King  fhall  raife  an  Army  of  Popifh  fiog^LivRom. 
 ii,  or    Infh  Rebels  ,    Malignants  ,    Delinquents,    and  bring  in  Foreigners  HiftJ  j.frcfc 
 
 oh  yet  in  no  great  proportion)  to  crTcft  the  like  defignc.   ]f  armed  force-  Ji'P*1?* 
 \«e  refinance  be  no  Treafon,  no  Rebellion  in  Law  or  Confciencc5  inthenrft,  it  can 
 faofuch  crime  in  our  prefent  cafe. 
 
 Sixtly,  I  would  demand  of  any  Lawyer,  or  Divine;  What  is  the  true  genuine 
 Vfonithatthe  taking  up  of  orFenfive  armes  again(r,or  offering  violence  to  the  perfon, 
 ftife  of  the  King,  is  High  Treafon,  in  point  of  Law  and  Divinitic  ?  Is  it  not  oncly 
 tynufi  An  id*  he  is ,  the  head  and  chief e  member  0f  the  Kingdomey  rv'-ich  hath  a  Commote. 
 
 nhi'H  •  and  becaufe/^f  Kintfove  it  A  Ife  fttftaines  apublihe  prejudice  and  lotfe 
 whs  War  againft^  end  violence  to  his  <j>  rfon f  Doubtlefle.  every  man  muft  acknow- 
 
 is,  to  be  the  onely  reafon  ;  for  if  he  were  not  fuch  a  publike  perfon,  the 
 ;  Waragainffc,or  murthering  of  him,could  be  no  High  Treafon  at  all.  And  this 
 !*he  rcalon,  why  the  eifewhere  cited  Statutes  of  our  Realme,  together  with  out' 
 
 Djto'riana,  make  levying  of  Warre,  depofing,  or  killing  the  King  by  private  pe 
 Wi-^gh  Treafon  ;  not  o*clj  'agmnft  the  Km?  J  at  lit  \E  ALME,  and  Kin± 
 
 d>-«> 
 
8  TheLawfulmffeoftheParliamemsneceffaryDefenfive 
 
 domi  to;  Witneff:  the  Statutes  of  j.#.  a.c,6.   i  t.R.  2.  c.  I.  3.  6.    17.^,2,0.  8j 
 2i,£.  2.  c,  2.4,20.  $.H.$.ParL  2.c,  5.  28.//.  S.c.  7.   i.Mar.c.6.  i$.EU<\ 
 c  t .    3.  /^*.  1. 2/  3. 4.  and  the  Aft  of  Pacification  this  prefent  Parliament,  f  dcclaJ 
 ring  thofe  perfons  of England  and    Scotland    TRAITORS    TO     E  IT HE  A 
 REALME,  whoflaail  take  up  Acmes  againft  either  Realme  ,  without  comJ 
 mon  confen!  of  Parliament)  which  Enaft,  The  levying  of  tVanc  againft  ths  King! 
 domsand  Parliament,  invading  of  England  or  Ireland,  treachery  tgainft  the  Partial 
 went,  repealing  of  cert a**c  ssitts  of  "Parliament ,  ill  Conn  felling  ths  Ki»g,coyningfalJa 
 M-oney,  and  offering  violence  to  ths  Kings  perfon,totaks  a^ayhis  Life,tobehigb  Trcai 
 fin,  not  onely  againft  the  Kivg  andhis  Crowne,  but   THE   REALMS    TOy 
 and  thofe  who  are  guilty  of  luch  crimes,  to  bee  High  Traitors  [and  En:mie$  T0J 
 ttpalfingh*   THE  %EALMS^as  -wsllat  to  the  King.  HenceM*  0/  gaunt ,Dakeof  Lane after, 
 Hift.Avg.?.   being  accufed  in  a  Parliament  held  in  7.^  2.  by  a  C^rm?lits  Frier,  of  High  Trea* 
 ZMSIS*       fon$  forpratiifiig  fodmely  to  furprife  ths  KING,  and  feize  upon  his  Kingdom?  ; 
 the  Duke  denied  it,  as  a  thing  incredible  upon  this  very  ground  ;  ///  Should  thus 
 IWdfentUfi  ffridhe)  affeElth?  Kinglom?:  fs  it  credible  after  your  murder (  which  G  3a  forbid) 
 4n{$<H7*    that  ths  Lords  of  this  Kingdom?,  could  patiently  e^d^re  me,  T^omni  m€i  ET    PA- 
 TRIjG    PRODITOREM,  being  a  Traitor  bnh  of  my  LORD  aid  COVN-. 
 TRET!  Hence  m  the  fame  Parliament  of  7.^2*  John  fValJb  Efquirc  Captains) 
 eff  Cherburg  in  France,  was  accufed  by  one  of  Navarre,  *D  E    P  XO  D  I  TlO*\ 
 N E  '  RE  g IS  "&  REG  NI,    Of  Treafon  againft  the  King  and  Kingdom;.^ 
 WdftvtgMtt*  for  delivering  up  that  Cattle  to  the  Enemies ;  And  in  the  <  Parliament  of  ^.R.t.  Siif 
 'Aw-vmu    ^orm  Awefiey  Knight,  accufed  Th mast  Ketrmgton  Efqiire,   of  Treafon   againfj 
 z*6t  the  Kixig  and  Realme,for  betraying  andjftlling  tiae  GafUe  of  Saint  SavJuut  within  th 
 
 r     ;/i    h-fi  *^  ofCaiiftantirreiti  France,  to  the  French,fox  a  great  ftimme.  of  moneys  When  as  h 
 Jh  9*71   6  neitner  wanted  Vi&uals,  nor  meancs  to  defend  it :  both  .which  Accufacions  fbein 
 9if9l.ip'i,   °f  Treafons  beyond  ths  Sea)  were  determined  by  Battle,  ajid  Duels  fougk  tovdeefc 
 106.         '    them.  Hence  the  groat  Favourite,  Pierce  Gavefton,Tanqmr^Lf^^yfubvsrforyfIf^ 
 Terrae  Publicus,  &  Publicus  Rcgni  Proditor,  capite  trjimtw  eft :  ,md  the  tw 
 Spsnfirsafor  him,  were  in  Edward  the  fecond  his  Raigne  iikewife  banifhed,  cot 
 demned,  and  executed*,  as  Traitors  to  the  King  ani  Realm?,  E  T   R  E-<3  N  I  P_R  C 
 D I T  O  R.  E  S  ,for  mfcounjelling  and/edxeinr  ths  King, and  moving  him  to  make  y/af 
 i  RtLh  Chroi  u?04   -    P;ofte  :    Hence  both  the  c  Pierces ,  and  the  Archbtjhop  of  Torke,  in  th 
 1  &  1  H.41^  Articles  againd  King  Henry  the  fourth,  accufed  him,  as  guilty  ot  High  Treafon,  a 
 17,11.    Fox  a  Traitor  both  to  the  Kingy  Realme  and  Kingdom?  of  England,  tor  Dspofing  and^mt| 
 jiHs  &  Mon.  thering  ito&Wthefecond.  And  hence  the  Gunpouder  Confpirators,  were*  declir 
 VlLc'l6  6    ^jttdge  iy  and  executed  as  Traitors  both  to  ths  KIN  Cr   &  RE  A  L  ME,  for  , 
 ^77.°*   7  '  te-nftitg  t0  blow  up  the  TarJiamfnt  Houfe,  when  the  King,  Nobles .  and  Comm 
 u  I  r^c.c.Tjt  were  therein  affembled :  If  then  the  King  (hall  become  an  open  enemie  to  his  Kil 
 3,4.    The!  dome,  and  Subjeds,to  wade  or  ruine  them  ;  or  (hall feeke  to  betray  them  to  a  Fl 
 Km;s  Pro-  raigns  Enemy  f  which  hath  bscne  held  no lcffe  then  Treafon  in  a  King  to  doe,  u 
 rarlb^A-   by tnc  exPrcff5  ^eiolution  of  28.  H.S.cap.j.  may  become  a  Traitor  to  the  REALM 
 giinft  tkem,  A^d thereupon  forfeit  his  very  right  avdtitl?  to  the  C'otvie  ;)  it  Can  be  no  Treafon  r 
 and  the  ^r-   Rebellion  in  Ltw  or  Theo'ogie,  hr  the  Parliament,  Kingdome,  Subje&s,  to  take- 
 lair.nement   armes  againft  the  King  and  his  Forces,tu  fuch  acafe,whenbc  fhal  wilfully  and  maj    . 
 of  rrauors.   ou^  rQtlt  himfelfc  from,  and  fet  himfelfc  in  dtreil  oppofition  againft  his  Kingdbi" 
 
JYarre,  hath  in  Point  of  Lan\  and  Confciencc. 
 
 ndby  his  ownc  voluntary  a&ions  turnc  their  common  intereft  in  him  ror  their  gocd  / 
 
 nd  protection,  into  a  publickc  engagement  againlt  him,  as  a  common  Enemy,  u  ho 
 
 rekes  their  gcacrall  ruinc.   And  it  Kings  may  lawfully  take  up  armes  againlt  their 
 
 lbjcte>as  all  Royallitts  plcad,aftcr  they  rojcA  their  lawfull  power,  and  become  open 
 
 Lcbcls  or  Traitors,  becaufc  then  as  to  this,they  cealc  to  be  Subjects  any  longer,  andfo 
 
 xfeit  the  benefit  iA  their  Royal  prorcftion:  By  thclclf-iamcreafonfthc  brndand  lU- 
 
 uUtion  being  mutual!  ;   Kings  being  thir  SubjiUs  x  LUgo  Lor<?s>  by  Cath  and  "Ofer.** 
 
 )uty,  zs  well  a*  they  t'eirLxge people  t  )   When  Kings  turnc  open  proftfled  Toes  toPof<>c^1' : 
 
 icir  Sub/eels  in  an  H.-ftilc  Warrchkc  way,  they  prciently  both  in  Law  and  Con-  faJe*- 
 
 ;icncc,ccaieto  be  their  Kings  de  jure,  as  to  this  particular,  and  their  Sub/cdh  allca. 
 
 iance  thereby  is  as  to  this  difcr  argcd,and  lulpended  towards  them,as  appearcs  by  the 
 
 ;ings  Coronation  Oath,  and  the  *  Lords  and  Trefdtj  con  U.  ion  M  Fealiy  to  King  *  MAth.VirU 
 
 Uve*%  fo  that  they  may  juftlyin  law  and  Confciencc  refiit  their  unlawfull  zU  pg.7$.s$.ced 
 
 iu.ts,a's  enemies  ;  for  which  they  mult  oncly  cenfure  their  ownc  rafh  unjuft  procec-  p  483  *84. 
 
 ings,  and  breach  of  r  aith  to  their  People,  not  their  Peoples  juft  dcfcnfivc  oppoficioil 
 
 faith  themfelves  alone  occafioced* 
 
 Seventhly,  It  mult  of  nccdiity  be  granted  ;  thar  for  any  King  role  vie  warre  a- 
 atnft  his  Subjects,  unletfe  upanvcry  guod  grounds  cf  Law  and  confcicnce,and  in  cafe 
 f  abfolutc  necedity,  when  there  is  no  other  remedy  left,  is  dircdly  contrary  to 
 is  very    Oath  and  duty,  witnes  the  Law  of  King  Edward  the  Conf'§° '<>&?•   »7- 
 nd  Coronation  Oathes  of  all  our  Kings  forementioned  ;  To  k*<pe  PEACE  an  iged- 
 y  agreement  1NT1RELT,  ACCORDING  TO   THEIR   tOfVtR  to  their peo- 
 U  i  Contrary  to  all  the  fundamental!  Lawcsof  theKealme,andthe  Prologucsof 
 no(l  Statutes  ,  imirely  to  prelcrve,  and  earneflly  to  htdtavonr  tie  peace  and  rvtlfare 
 fthrir  peoples  pr/onr,  goods  >  eftatcs,  lawes,  liberties  ;  Contrary  to  the  maintcner 
 •f  all  y  Sacred  Scriptures, which  have  relation  unto  Kings;  but  more  efpccially  to  7  |Tim.a  1 
 he  1  Kings  l  a.  21.  23.  24.  and  2  Chton.  11. 1,  2.  Where  when  King  Rchoboam  i,*.Icr.*9  7 
 \ad  gathered  avery  are  at  army  to  fight  againft  the  ten  Tribes,  (uhi"h  revolted  from  Pfal.i*x.*-7i 
 ^m  for  Joliowinglid  young  Coun/eUors  advice, and  denying  their  juft  requeft^ndaow-  8  IU.*9  8.& 
 led  leroboim  for  their  King)  intending  to  reduce  them  tohis  obedience  b)  force  of armes  ;  9    % 
 jod  by  his  Prophet  Shemaiab  <x\reftely  prohibited  him  and  his  army,  to  goe  up,  or  fight 
 sgainft  them;  and  made  them  ail  to  retnme  to  their  ore ne  houfes  without  fighting-  and 
 0  /fay  14. 4. 19.  to  22.  where  God  threatens,  to  caftthe  King  of  B  abi  ion  out  of  his 
 \raze\  as  an  afhominabte  branch,  as  a  carcase  trodden  under  foot,  {  marke  the  reafbn  ) 
 Becaule  thou  haft  dcllroycd  thy  Land, and  flainc  thy  People, tocuc  crY  from  Ba- 
 bylon his  name  and  remembrance,  and  SonnesandNephewcs  :  as  he  had  cuteffhis 
 peoples,  though  heathens.   Yea,  contrary  to  that  memorable  Speech  of  tl  -at  noble  *  L^y  Rom^ 
 Roman  *  Valerius  (formu*  when  he  was  chofen  Dictator,  and  went  to  fight  again!!  HtfXi  sDa. 
 :hc  Roman  confpirators,  whotoke  up  armes  againft  their  Country.    Fttgeris  etiam  4©,r.  18?. 
 eneliins,  tergumque  civi  dedtris,  quzmpugnavcr  is  contra  patr'iam\nunc  adpa-ifican-  frifl.Pout. 
 ium  bene  at<]*'  honefle  inter  prtmos  ft  ^  bis  ipoftu/ate  tquact  frte  \  quanjugm  tefini-    J"?   *  iT™ 
 \*v  ftandiin  eftpoii-is%  quam  impias  inter  nos  conferamusmaniu^firc.  If  then  a  Kings  ^.5. 
 offentivc  warre  upon  his   Subjeds,  without  very  juft  grounds  and  (inevitable  oc-  *  ^rifl.Polit. 
 cafions  be  thus  utterly  finfal'.and  unlawfull  in  law  and  Confciencc  ;  and  molldia- 1  h&  % 
 metrally  contrary  to  the  Oath,  Orlicc,  tru'tand  duty  ofaKing,(who  by  this  (trange  Buc'*"-de 
 m:tamorphofis( ^becomes  a  Wolfe  in(lCacl  of  aShephcard,a  dcnroyerinliewofa^^;^ 
 
 B  Jrctdlor  * 
 
10  t  The  Larvfulne(J'e  of  the  Parliaments  necejfary  Defenfivc 
 
 Trotcchr  ;  a  publike  Enemy  in  place  or  a  Common  friend  9  aa  innaturall  Tyrant , 
 inftcai  of  a  n at ur all  King)  it  followcs  inevitably  ;   that  the  Subjc&s  or  King- 
 domes  refinance  and  defenfivc  warre  in  fuch  a  cafe,  both  by  the  law  of  God,of  na- 
 ture, of  the  lUalmc,muftbc  lawhjU,and  juft;  becaufc  direclly  opposite to,the only 
 prcfervative  againft  that  warre,  which  is  unlawfull  and  unjuft:  and  fo  no  Treafon, 
 nor  Rebellion  (  by  any  Law  of  God  or  man,)  which  arc  lilegall  and  criminal]  too. 
 Eightly,It  is  the  received  refolution  of  all  bCanonifts,  Schoolemen,  and  Civill 
 *>Grimn.      Lawyers  ;  That  a  defensive  warre  undertaken  end]  for  neceffary  defence,  doth  Kot  pro* 
 Cz)l\acob,  f&ly'deft'V*  the  nam;  of  warre,  but  onelj  of  Defence  :  That  it  is  no  I:  vying  of  wane 
 sptitlfMtic- *t  all*  (  which  implies  an  aftiveoffinlivc,  not  pafiive  defenfivc  rai(ing  of  forces, 
 xiconiuru jit  and  fo  no  Treafon  nor  offence  within  the  ftatuteof  2 5*  ij.g.c.  2,  as  the  Parliament, 
 Bellum.  F.  ^thconcly  proper  Iudgeof  Trcafons,  hath  already  refoived  in  pointofLaw^^^y^Jl 
 iqlitiietjun CH[ty  on^y  0f.  defence  Cuilibet  Omni  lure,  ipfoque  Rationis  Duftu  Permifla 
 amu  Calvini&c'  permitted  to  every  one  By  all  Law,  (or  right) and  by  the  'very  conduct  ou 
 Lexicon  luriureafo  n ,  fince  to  propulfe  -violence  andinmryy  u  permitted  by  the  very  Law  rf  Nations*- 
 Tit. Bellum  so*  Hence  of  all  the  feven  forts  of  warrc  which  they  make,  they  define  thelaft  to  bc,A  juft; 
 244-«*4$«       and  NeceiTary  War  quod  fit  fe  etfua  defendendo ,  and  that  thofcwbia.eiifucharpar 
 Summa*4r>iC'  ^  CUer\s  paribus  )  are  jafe  (  Caufa  23.  qua.  ')  and  if  they  be  flame  for  defence  of  the  •  1 
 fell  t^ A  en  [a    C0f9imm'wea^y  their  memory  {fall  live  in  fcrpetuatt  glory.    And  hence  they  givC;| 
 Sum,  Fart, s*  this  Definition  of  a  juft  Warrc.  c  Warre  is a  Lawfuil  Defence  tgainfl  animmUehtor 
 411,36.  mem*  proceeding  offence  upon  a  pxbUkf  or  private  cavfejoncludtng:  That  ifDzfencc  be  fevertd 
 $.&qu*ft*  from  w*rrg%  it  is  a  Sedition,  »w  fKtfr*  ;  Although  the  Emperour.himlelfc  dc- 
 iSr^irlJA  nounce  it  •  Tea,  although  the  whole  World  combined  together,   Proclaimed: 
 deBdlo  SttriusF°r  **'  Emperour*or  King9  can  no  mere,  lawfully  r-urt  another  in  Warre*t*en  he  catib 
 ConcilTorn*   taks  away  his  goods  or  life  vithiut  ceufe..    Therefore  let  Commentates  b+awle  etcr* 
 3,  p.  5 10.        natty  about  Warre*  yet  they  fballmver  juftife  nor  prove  it  lawfrllyNiCi  ex  Defenfio- 
 *Cil%'  Le/lu  nc  ^cgi^013;  but  when  it  proceeds  from  Lawfuil  defence,  all  Warres  be\rg  raffj  and 
 'exfotomno***^ ?*ag"'*ft  thofe  who  juft ly  defend  themfelves.  This  Warrc  then  being  underta- 
 and  pthec    '  ken  by  the  Parliament,  onely  for  their owne,  and  the.Kitigdomes  neceffary  defence, 
 forcited,       againft  the  Kings  invaiive  Armies  and  Cavallicrs  (efpecially,  no  w  after  the  Kings  re- 
 jection of  all  Honourable  and.  (ate  termes  of  Peace  and  accommodation  tendered  | 
 to  him  by  the  Parliament:/   muft  needsbe  jjft  and  lawfuil;  and  lono  Treafon, 
 nor  Rebellion,  in  point  of  Law  or  Confcience  ;  Since  no  Law  of  God,  nor  of  tha 
 Rcalme,  hath  given  the  King  any  Authority  or  CommifliOn  at.aU  to  make  this  un- 
 naturall  Warre  upon  his    Parliament  ,    his  people,  to  enftave  their  Soulcs  and 
 Bodies,  or  any  inhibition  to  them>not  to  defend  themfelves  in  fuch  a  cafe. 
 
 Thefe  generall  Confederations  thus  prcmifed,  wherein  Law  and  Confcience  walke 
 hand  in  hand  •  Ifliallin  thp  next  place  lay  downc  fuch  particular  grounds  for  the 
 justification  of- this  Warre,  which  are  meerely  Lcgall  ;  extraclsd  out  of  the  bow* 
 els.  of  our  kno  wne  Lawes  *  which  no  profefforsof  them  can  contradicl. 
 
 Firft,  It  is  unqueftionable,  that  by  the  Common  and  Statute  Law  of  the  Land," 
 the  King  bimfelfeiwhocannbt  lawfully  proclaime  Warre  againft  a  Forraigne  E- 
 nciiiy,  much  leffe againft  his  people,  without  his  Parliaments  previous  affent,  as  I 
 have  clfe  where  proved ;  cannot  by  his  alfolute.Soveraigne  Prerogative*  either  bfver. 
 lal I  C°™™anis>  or  C ommiffi  on s  under  the  great  Se ale  of  EngUnd*  derive  any  law f nit 
 frfj^^jt^rM^  *y.  Gemall9Capt£inr9  Caval/icr^or'ferfonwh^ 
 
Warre^  both  in  Point  of  Laiv^  and  t  onfctcnce,  1 1 
 
 LeguliTrialland^onviUtO'i,  io  Jeiz?  the  Goods  or  Chattels  *<f  any  hts  Subjetls,  much 
 lejfe.jorceciblj  to  T{cb,  Spoilt,  Vlunder^Wound^Beat^Kill,  Imprifon  >or  male  open  W*r 
 upon  tbemtvpUhoxt  a  m?(l  jttft  ..niiniit.iblc  occafion,  aid  that  after  open  kojtilit  dtnoun- 
 tedtgai  fi.lcctn.  And  it  any  by  vcrtucof  fuch  illegal  Commifiions  or  MandatSjAiTault, 
 Plunder  ,Spoilc,llob,Beat,\Vound,  Slay,  Imprifon,  the  Goods,  <  battels,  Hcufcs,  Ptr- 
 ions  or  any  Sub  fed  not  lawtully  convicted  ;  They  maj,  and  uglt  to  be  pr oc 'ee -led again fl n 
 reffie-i^apprehendedytndilled  cond-.mnedfor  it  notwithjt  adding  fuch  Commiffions,  a*  Tre- 
 Jjajfcrs,  T beeves  y  Bnrgl-trcrs  ,  fclovs,  Marierers  ,  both  bj  Statute  ,  an  t  Ctmmon 
 Law  ;  As  is  clcarcly  enacted  andrefolvcd,  by  Magna  fh-trta,  cap.  20.  15.  L.  3, 
 Stat.  1 .  cap,  1 .  a.  3. 42 .  E.  3 .  cap»  1.3.  2  8. E.  1 .  Artie,  Juper  Chartas,  cap.  2 .  4  £. 
 3.C.4  5«£\  3.  cap.  2-  24.-E.3t  cap.  t.  2  R,  2.  cap.  7.  5.  22.  2.  ca  5.  I.H;  5. 
 cap.6.  1 1. 22.  s.'cap.i.f*  5.  14  H.  8.  cap.  5.  21.  Jacob. c. 3.  Againtt  Monopolies. 
 The  Petition  >f  Right.  ^.Caroli  2.£.3.c,8.  14.  E.  3.  ca.  14.  I  8.  E.  3.  *SV*f.  3. 
 20.  i;.  3. cap.  1.  2.3.  1. 3^2. cap.  2.  And  generally  all  Satutcs  againtt  Purveyors 
 42.  y^jf,  P/.  5.12.  Brooke  Commijft oh t,  15.  1(5.  Forlefcue,c  ip.  8. p.  10. 1  3.14* 
 26.  i«£.  3.2.  2.//44.*4.  Br.EauxJtrfrifonmenti  30.28.  22.  £.4  45.  aTr. 
 16.  H.  6.  Munftransdc  Faits  182.  Stamford  fib.  1.  fol.  I  3.  a.  37.  a,  The  Confe- 
 rence ac  the  Cominitties  of  both  Houfcs,  30.  Jprilis,  40.  Caroli,  concerning  the 
 Right  and  Privilcdgeof  the  Subject  :  newly  Printed.  C°°ks hb.  5.10I.50. 51. lib.  7. 
 fol  36.  37. lib.  8.  fol.  1 2  j.  to  129.  IudgeO*0£/andHwrf»/  Arguments,  againft 
 Shpmoney,  with  divers  other  Law-Bookes.  Therefore  the  Cavallicrs  can  no  waics 
 jultiric,nor  cxcule  their  Wounding,  Murthcring,  Imprifoning,  A  {faulting ,  Rob- 
 bing ,  Pillaging ,  and  fpoiling  of  his  Ma/cftics  people  and  Subjects ,  and  making 
 Warn:  upon  them,  by  vertueof  any  Warrant  or  Commifllon  from  the  King;  btit 
 may  j  iftly  and  legally  be  apprehended,  refitted,  and  proceeded  againtt,  as  Murthc- 
 rers,  Rebels,  Robbers,  Felons,  notwithstanding  any  pretended  Royall  Autho- 
 rity to  countenance  their  execrable  unnaturall  proceedings. 
 
 Secondly,  It  is  irrefragable,  that  the  Subjects  in  defence  of  their  own  Perfons, 
 Houfcs, Goods,  Wives,  Families,  againtt  fuch  a>  violently  aflault  them  by  open  force 
 of  Arms*,  to  wound,  fhy,  beaic,  imprifon,  robbc,  or  plunder  them  frnough  by 
 the  Kings  own  illcgall  Commifllon  J  may  not  onely  lawfully  armc  thcmfclveSjand 
 fortiric  their  houfes  (their  CaiUes  in  IudgcmentoF  Law  J  againtt  them  ;  but  re- 
 fill, apprehend,  diiarme,  beat,  wound,  repulfe,  kill  them  in  their  jutt  necvffary  de- 
 fence ;  not  onely  without  guilt  of  Treafon,  or  Rebellion,  but  of  Trcflpas,  or  the 
 very  lcaft  cfrmce ;  And  Servants  in  fuch  Cafes  may  lawfully  juftifie,  not  onely  the 
 beating,  but  killing  of  fuch  perfons,  who  aflault  their  Matters  perfons,  goods,  or 
 houfcs  ;  asiscxprtfly  rcfolvcd  by  theStatute  of  11.  E.  \.  De  malefattcribtu  in  Tar* 
 ex  ;  By  24.  H.  8.  cap.  5.  Fit^erbert tCoroney  igi .  194.246.  25  .261.330.  2r, 
 H.J  39.  Trt/pas^tf.  Stamfird,  lib.  i.  cap.  s-6.7*  lt.^Jf.  46.  tf-  H.6.i6. 
 a.  14^.624.^  3e.H.6.5i.^9.E.4-48.^.  la.  £.4.6*.  12.//.8.2.*. 
 Brooke.  Coron  6$.  &  Tr'ftas  217.  Therefore  they  may  jultly  defend  themielves, 
 refitt,  oppofe,  apprehend ,  and  kill  his  Majefties  Cavallicrs ,  notwithstanding  a- 
 nyCommiiTions,  and  make  a  defensive  Warre  againtt  them  ;  whenas  they  aflault 
 their  perfons,  houfes,  goods,  or  habitations,  without  any  Treafon,  Rebellion,  or 
 Crime  all  againtt  the  Ktng  or  Law. 
 
 Thirdly,!:  is  pajft  difpucc,  \  That  the  Shcriffcs  Iuttices  of  Pcace,Mayors,Confiable3 
 
 B  2  and 
 
12 
 
 7  he  Lavofulntffe  of  the  Parliaments  neceffary  Defenfivt 
 
 '  and  all  other  Officers  of  the  Realme,  may  and  ought  by  our  Lawes  and  Statutes  id  I 
 *raife  the  power  of  the  Counties  and  places  wheie  they  live,  and  command  allk 
 '  perfonstoarmc  thcmfelvcs  to  affift  them  upon  their  Command,  when  they  fcalt 
 
 *  j  jft  caufe  (  which  commands  they  arc  all  bound  to  obey  under  painc  of  imprifonment  It 
 
 *  and  fines,  for  their  contemptuous  difobediene  herein  .-Jto  fupprefie  and  withttand  ail,  It: 
 *publicke breaches  of  the  L;eace,  Riots,  Routs,  Robberies,  Fraies,  Tumults,  Forci-li 
 «ble  Entries,  and  to  apprehend,  difarme,  imprifon,  and  bring  to  condignc  punifli-1 
 «mcntali  Peace-breakers,  Riotors ,  Tr.efpafrcrs,  Robbers,  Plunderers,  Quarrelers,  J 
 «  Murihcrers,  and  Forces  met  t^geeher,  to  doe  any  unlawfull  Hoflile  acl,  (though  by  Jo 
 *the  Kings  ownc  precept:)  and  in  cafe  they  make  refiftance  of  their  powers 
 
 *  they  may  lawfully  kill  and  flay  them  without  crime  orguilf,  if  they  cannot  other- 1 
 
 *  wife  fuppreffeor  apprehend  them  :  yea,  the$heriffcs,andsall  other  Officers  may 
 
 *  la w fully  raife  and  arme  the  power  of  the  County  to  apprehend  Delinquents,  by 
 
 'law  full  Warrants  from  the  Parliament,  or  Proceflc  out  of  other  infenour  Coot tj 
 
 *of  Iufticc,  when  they  cpntemptuoufly  (tand out  againft  their  IuRke,  and  will  not 
 
 'render  thcmfelvcs  to  a  Legal!  triall;  in  which  ferviceali  arc  bound  by  Law  to  afllft 
 
 'thefe  Officcrs,wbo.may  lawfully  flay  fuch  contemptuous  CfTenderSjin  cafe  they  can- 
 
 1  not  otherwife  apprehend  them*    All  which  is  Enadcd  and  Refolved  by  19.  E.  3, 
 
 cap.  38,  3.  Erf.. 1.  cap. 5»    a. JS.a.ccap.6;     $.fl.2.cap,5  6".    7. /J.  a.- cap. 6.  17, 
 
 iu  2.  cap.  8.  13.  H.  4  cap,  7,    i,tf.5.cap.6\   2.  H.  5.  cap.  6.  8.    19.R7.cap.  13. 
 
 3#E.d  cap.  5.    I ..cJ^r. cap.  12.    31.  H.  6.  cap.  2.     ip#  E.  2.  Fttz  Execution. 
 
 347.  8,  H. 4. 19.4  22.    -^jf.  5?.    3-#.  7-fol.  irio,    5.R.7»fol  4  Regifter,  f. 
 
 5*/   60.  61.Fi  z.Coron.  261. 188-289,  328 .  346.   Stamford  lib,  1.  cap.  5.  6. 
 
 C'ooke  lib.  5.  fol.  $2   9.3.  withiundry  other  Bookcs,  and  Ads  cf  Parliament  ,  and 
 
 JValfingham^Hijf.  AnglU.p*%.%%i,.  284  Yea,  the  Statute  of  13.  Erf,  1.  cap.  38, 
 
 recites;  That  fuch  r< ft fiance  ofTracejfc  out  of  any  theKi*gs  Courts-  (  much  more 
 
 then  out  of  the  Highcft  Court  of  Parliament)  redounds  much  to  the  dishonour  of  the  King 
 
 **d  his  Crowne ;  and  that  fuch  re fifterj  fball  b?  i&prfon d  and  fined,  becaufe  they  art 
 
 dtfturbers  of  the  Kings  Peace,  and  of  hu  Reafme.    And  the  expired  Statute  of  3 1 .  H. 
 
 6.  cap.  2*  Enacled  •.  That,  if  avy  DukeyM^r^ueffe^Earle,  Vifcount^or  r?aro»,  com* 
 
 gained  of  for  any  g  cat  Riots,  Extortions  ,Oppreffi3  s,  or  any  offence  b)  thm  done  «- 
 
 gain}}  the  Peace  and  Lawes>  to  any  of  the  Kings    Liege  p*opte  ,  Jhmld  refufe.  to  obey 
 
 thecPro:effcof  h'  Kings  Court ,  under  his.Gr.cat  or  p'ivu  .Se  le%  to  him  ^trecledt  tt 
 
 mfvper  hx  faii  off ^enes  5  eihe'bj  refufing  to  receive  the  f  id  Proeeffe,  cr  ^'ff'ing  it : 
 
 or\w ft  hdr  eyeing  h  mfetfe  f  r  tha* .  canfe,  and  not  appearing  after  Trocl amotion  mad?  bj 
 
 ihe.thtrijfe  in  t  e  County  ,  at  the  ^y  prefcrihd  by  tht 'Proclamation ;  that  t  enhet 
 
 pjiytd  for  this  his  con' empty. forfeit  and  lofe  aH  hi*  Offices,  Fees*  Annuities* and othei 
 
 ]offtf[ior.s   th#t  he ,  or  any  n  anjo  his -tfe  vh  tth  of  the  gift  or  gra*t  oc  the  Kn^orany 
 
 $f  h%  Progenitors  tmide  to  him  or  A'j  of, his.  Ancef-o^s  :  And  in  cafe  he  ^ppea^es  nh\ 
 
 npoH  the  fcco;>d Procl^ma-he  enthf  aay  then in  t)  him  braked  •  that  then  he  fb*  11  oft 
 
 *Yd  forfeit. hx  EUate  and  place  in  Parliament,  and  alfo  All  the  Lands  and  Tenements 
 
 Vrh  ch  he  hathy  or  arJ  other  to  his.  ttfe   for  tcrme  of  his  life*,  and  all  eth-er:  erfons-  h^vin^ 
 
 no  Lands  not  afeariig  after  Prc'lamition,  were  to  b  .put  o<t  of  th:  Kings  Protittion 
 
 by  this  ^^. %Such  a  bem©us  cff:ncc  was  it  then  rcpued,  te  diiobcy  the  Prcceffe  dl 
 
 Chancery,  and  other  inferiour  Courts  of  Iufticc  even  in  the  greatdi  pecres  ;  bovg 
 
 jQuch greater criipe then i^andmiiftitte3contc^ptuoafi-y  to*cUfobeyxhe  Summons 
 
 Fro 
 
War  re,  both  in  Point  of  Law,  andConfcie?:ce.  1 3 
 
 rocctfc, and  O facers  ofthc  Parliament  ic  Iclfc,  th;  (upremelt  Court  of  Judicature, 
 'pscially  in  thole  who  arc  Members  of  it>  and  (land  engaged  by  their  Protections, 
 s,  and  Places  in  it,  to  maintiine  its  honour,  power,  and  privilcdgcs  to  ih:  utfer- 
 noll?  which  many  of  rhem  now  exceedingly  vilifie,  and  trample  under  fecte  :  and 
 herclorc  defer vc  a  levercr  cenfure  then  thh  ftatutc  infkcls;  even  fi'ch  as  the  Ad  of  n  ♦ 
 I.  a,  c.  6.  prefenbed  to  thofe  Nobles  un,u(tly  Tore  judged  in  that  Parliament;  Th  it 
 he r  iffufsm-t/esnoTp  bego'te*  fiati  not  come  to  the  Pari am:ntsy  nor  to  the  Councells  of 
 ie  Kt>'^norhu  htrefyVer  beifthe  K**£J  Cot.nftKn.r  oj  h  s  hei?*f;  Therefore  it  isun- 
 iubitablc,  tliat  the  Shcrifcs, luliiccs  of  Peace,  Majors,  Conftables,  Lcivtcnantcs,  Cap- 
 aines,and  other  Orhccrs  in  every  County  through  the  Rcalme,  may  by  their  owoe 
 \uthority  ("much  more  by  an  Ordinance  and  Ad  of  aflbciation  of  both  houfe.^  raile 
 ill  the  power  ofthc  County  ,&  all  the  people  by  vcrtue  ol  fuch  commands  may  lawfui- 
 y  mcctc  together  in  Armes  to  fiippreHe  the  riots,t  urglaricf,rapines,  plunders,  Lure  he  - 
 ics,  fpQyling,robberi:s,and  armed  violence  of  his  Majeftics  Cavalccr^and  apprehend, 
 mprifon,fUy,arraignc,  execute  them  as  common  enemies  to  the  kingdomes  peace  and 
 welfare,  even  by  the  knownc  Common  Law,  and  Statutes  of  the  Rcalme, and  feifc 
 Jelinqjents  notwithstanding  any  royall  Comminion  or  perfonalcommar  d>  they  may 
 m*  can  produce. 
 
 Fourthly  ,it  is  mo/1  ccrtaine,tr  at  every  Sub/ed  by  the  very  £W  mon  law  of  the  rx\ft!m\ 
 [yea  Liw  of  Niturc)  as  he  is  a  member  ofthc  State  and  Church  of  EngL  ndy  is  bound  d  See  ^rma- 
 W  i  m duty  md conscience ,  when  there  is  necijfay  o:cafiov,  to  Array  * nd  Arme  kimfelfe  P*Hy  48.H  ?. 
 0  refsl  tle  mzafio  /,  and  tffan's  of0  en  cncv.tes  of  the  R'atne,  (fo'cxalj  oj  To  r;i^  nerst  iiot-Vat  Mcm 
 h  is  clear-  by  infinite  *  Tre/idexts >c[tcd  by  the  Kings  owne  Counccll,  and  recited  by  ©^//WM  * 
 h'dgeCrottj  in  his  Argument  concerning  Ship,  morey;  in  both  the  Houfes  trvoRe- 
 nonttr  vices  And  Decisions  Again  ft  the  Commifpon  of  Araj\  and  th:  Anlwer  of  the 
 irlt  of  them  in  the  Kings  name;  all  newly  Printed  (to  which  I  (lull  refcrre  the  Rca- 
 Icr  for  fuller  Satisfaction:)  and  by  the  exprcfle  ftatutes  of  1  Et  3.C.  5.  25.  E,  ^c.  8. 'See  Arilkf. 
 md  4.^  ft.  4,0.  [?r  Tnc  reafon  is  from  the  Orjgina1!  compad  and  muruall  ft  ipula-*^1 /"*•>*  1 
 ionofcvcr>  member  of  any  Rcpublicke,  S  rate  or 'Society  of  men  for  mutua  ldcfer.ee  f^Z*J  Pc~ 
 >nc  of  another  upon  all  cccafiors  of  invalid,  made  at  their  firft  affociation  and  in-  p„ffa   r- 
 orporationirtoaRepublike,Oate,  kingdomc,  Nation,  of  which  we  have  a  preg  n.to/5.  ■' 
 KM  example,  /«  h%  20.  t.  to  4$.  If  thenthe  King  hi mfelfc  {hall  introduce  forraignc 
 :orcci  and  enemies  into  his  Reilmetolevic  vvaragainftir,ot  (hail  hiinfrlf  become  an 
 ^cncnemietoir^heSuhirdsareocleiged^ythefelf-famcreafonjlaWjCquity^fpeci^ 
 My  upon  the  Parliaments  command,™  Arm  themielves  to  defend  their  Native  Coun-  - 
 ry,Kingdome3giinftthefcforraignc  and  doaiefttckc  Forces,  and  the  King  himfcl'c 
 Hie  joyne  with  them;  as  farre  forth  as  they  arc  bound  to  doe  it  upon  the  Ktfcoi  own 
 ViitaniCommifiion,incafche  j.»yncdwiihthe  Parliament  and  Kingdomc °againft 
 hem;  the  neccfTiry  defence  and  prelervationcf  the  Kingdoms  and  them  elves,  (and. 
 >t  the  King  onclyfj  farre  forth  a.  he  frewes  himfdfca  King  and  Patron,  not  an  enc- 
 nieofhi.KtrgJomejand  Snbjeds,)  being  the  lolc  ground  of  their  engagement  in 
 Kb  detendve  vvarrcs  :  according  to  this  notable  refolutic  n  ef  Octroi  OmniH'n  Sote- .  _ 
 
 Vimvu  arfty.ti  r>niU  carlo-  ejuimfd^a  c>  m  Re  ulltca  ef  Mncf^-j  e  nostrum  |VWoS 
 ~  7  fT   ?*yf  f  f>  C1  iih<ri    trcfi*t«iy  fami/tares,   SEP   OMNES  O  UKlVM  ' 
 **RITATES  P^TRIA  VNA  COMPLEX  A  EST,  :ro  qm  r  u  bomu  <». 
 'Itn^tm^tcr^ftvftpojMturHtrQoeft   foeftaMer    tttorum  mmttska*. 
 
 B  3  ejei 
 
14,  The  Lawfdneffc  of  the  Parliaments  necefary  Defer?  five 
 
 qui  Ucerant  cmnifcelcre  P atrium,  o^ma  jun Htus  defend*  occufm  &  funt  &fuerunt 
 s  Etod.  1 1.9,  and  feeing  kings  themfdves  as  well  as  Subjects  arc  Dound  to  s  hazard  their  lives  tbi  < 
 to  15.  s1*      the  prefervation  of  their  Kingdomes,  and  peoples  iafctie;  and  not  to  endanger  th< 
 Num.i4.ii.r„jncof  theKlngdomc  and  people  to  prefer vc  their  owne  lives  and  prerogativ 
 sVi^iChr  a$I  have  eife  where  manifefted;  ic  cannot  be  denyed,  but  that  every  Subject,  who! 
 zi.iyjoha  'the  King  is  un/udiy  divided  againft  his  Kingdome,  Parliament,  and  People,  is  moll 
 lo.i  i4i  y.c.    oblcigcd  to  joyne  with  the  kingdome,  Parliament,  and  his  Native  dcarcit.  Countreyl 
 11.^8.40,50,^  who  are  moft  considerable,)  againlt  the  King  jthan  with  the  king  againftthen  ;and  ral 
 ther  in  fitch  a  cafe  than  any  other,  becauf:  there  is  leiTe  neede  of  hclpe,  and  no  fuel} 
 clanger  of  mine  to  the  whole  Realme  and  Nation,  when  the  King  /oynes  with  thenit 
 again'l  forraignc  invading  enemies;  as  there  is  when  the  king  himfelfe  becomes  ail 
 „#«»*  de     open  intcftinc  Foe  unto  them,  againfl  hisOathand  Duty:  and  the  »  Pecpcs  fafek 
 Lgitefc,       bdng  the  Supreme fi  La  w,  &  the  Houfcs  of  Parliament  the  mod  Sovcraigne  Auction  til 
 they  ought  in  fuch  unhappie  cafes  of  exrremitie  and  divifion  to  ovcrfway  all  Sub/efts 
 to  contribute  their  bed  affiftancc  for  their  ncceflary  juft  defence,  even  agamft  the  kirn 
 himfelf  and  ail  his  Partifans,who  take  up  Hoftile  Armcs  againfl:  them,  and  not  to  affi 
 them  to  mine  their  owne  Country, KingdomcjNacion,as  many  as  now  over- ralhly  do 
 Fifthly,  I  conceive  it  cicare  Law, that  if  the  King  himfelfe,  or  his  Courtiers  witi 
 him, (hail  wrongfully  aflauit  any  of  his  Subje&s  to  wound,  rob,  or  murther  ther. 
 without  jaft  caule,  that  the  fubjefts,  without  any  guilt  of  Treafon  or  Rebellion,  ma 
 not  oncly  in  their  owne  defenfe  refifl:  the  King  and  his  Courtiers  affaults  in  fuch  a  caft 
 *  Resolution  of  and  hold  their  hands  fas }  Doctor  Fe  rHs  himfelfe  accords)  butlike  wife  clofe  with,  an 
 covfeience.     difarmcthem;  and  if  the  King  or  his  Courtiers  receive  any  blowcs,  wounds,  infuc 
 fc  s^'  I'    1     a  cak* or  ^C  ca^a3^>T  ^amc»  'lt  is  neither  Treafon  nor  Murder,  in  the  Defendants,  wh 
 Urds Fleas  \    had  no  Treafonabie  nor  murthcrous  intention  at  all  in  them,  but  oncly  endeavoure 
 /.  1 4.i$«  l<*»  tnslr  own  j  aft  defence,attempting  nothing  ac  all  againfl  the  kings  lawful  Royallauthc 
 ]See ^Andrew  rityjas  is  cleareby  ailLawkCafes,of  manslaughter,/^/*?  ^«^j,andto  put  this  outc 
 Fav'me  his     qajgftjpa,  1  fll3!l  cite  but  two  or  three  cafes  of  like  Nature.lt  bath  beene  very  1  frequd 
 iheatreot     vit&Jbs  Kings  of  EugU^d9FraK^e\ando:her  Prices,  fix  tnall  of  their  man  hood 
 c.^.647  mils  '''umeAt  Iv*ft**A'«d fight  at  Barrier s,  not  ondy  mtb  frraigws>  but  with  their  on» 
 Chron.H.i.fi  vxl'ianteft  L  rds  and  Knight,  of  which  there  tre  various  Examples.  In  thefe  Martia 
 6.7.9,1 1. ix.  diiportSybjtheverj  Law  of  isfrmcs sthcfe  Subjects  have  not  onely  defended  their 
 
 H.8./.  1 22.    his  reigne  :  and  no  longer  iincc  then  the  yeare  I  5  5  9.  Henry  the  2^,  King  of  Franc 
 it?.  was  casually  flaine  in  a  loud  by  the  Earie  of  Mount gemmcryJcAs  Subject,  (whom  h< 
 
 ■(»)^x-Aascommanjc5toju(ionc  bout  mors  with  him  againft  his  will  J  whofe  Speare  in  tf 
 
 men^  w"  countcr*  ^° w  ran  f°  r'§nt  lnto  onc  °* tnc  Kings  eyes* tnat  tne  towers  of  it  peirccd  ini 
 ■Erflr  uU.p'?  'his  head,  pcrimed  his  brains  and  flew  him  •.  yet  this  was  Iudged  no  Treafon,  Fellon 
 969.970.  je-  nor  offence  at  all  in  th:  Earie,  who  had  no  ill  intention,  Ifthen  it  hath  evetbeen-ri 
 an  Crefpbu  putedUwfull  and  honourable,  for  Subkcls  in  fuch  militarie  exercifes,  upon  the  cha 
 Leflate  deLef.[ca^Cs  of  their  kings,to  defend  themlelves  coucagioufly  againft  their  affaults,and  thus  1 
 tftpto*.  fight  with  and  encounter  them  in  a  martiail  manner,  though  there  were  no  neccflii 
 Th29g^nerallf°^themtoanfwer  fuch  a  challenge;  and  thccafuall  wounding  or  flaying  of  the  Kir 
 Hiirory  of    by  a  Subiecl  in  fuch  a  cak  be  neither  Treafon  nor  Fellony :  then  much  more  muft  it  1 
 
 France  in  his  [ay 
 
Warrcy  both  in  Psim  of  Law,  and  Confciwc.  1 5 
 
 full  by  the  Law  of  Arines,  Nature, and  the  kingdome,  for  the  Parliament  and  iub- 
 
 s  inanccc(Tary,jurr,uBavoydablc\varrc,  to  defend,  refill,  rcpullctl  c  kings  and 
 
 Cavalccrs  periorall  aflaults,  and  rcturne  them  blow  fur  blow,  (Lot  for  /hot,  ir  they 
 
 \  wilfully  invade  them;  and  if  the  king  or  any  of  his  lorccs  mikarry  in  tbib  aclioii, 
 
 ymult  (like  King  °  Hcr.yihz  8*  when  endangered  by  tilting)  blame,  thcnfelvn 
 
 \e,  and  have  no  other  juftlegall  remedie  but  p»titnte,  it  being  neither  Trcafon,  .n  ,  iClrctr 
 
 bcllion, nor  Murthcr  in  the  defenfive  party,  and  moil  defperate  fully  and  frcr.zie  ... ,  -  (^iNg 
 
 my  Prince,  to  engage  himfelfe  in  fuchadangcr,whenkcnccdenor  dne  it.  I  readc 
 
 }  Claries  the  firft  of  France -y  that  he  fell fodaincly  d'firall ed  upon  a  mejfsge  l.c  r<c  ;- 
 
 I  from  an  old  poore  man,  as  he  iuis  m.\rd:i>g  in  the  bead  of  bis  Arn%)\  and  t'irerpnn 
 
 nk}nghimi 
 
 re  nare 
 
 f  awaj/fi 
 
 nkc  no  man  in  his  righTwits, will  deeme  tl  i>  their  attion  Tt  cafonablc  or  unlavvf ull;  UroVpart 
 
 ther  did  the  king  or  any  in  that  age  thus  repute  it.  If  then  a  King  in  an  angry  7.  ,n  his  life; 
 
 nticke  paflion  (for  1 Ir.ibrevuu furor  efii)  (hall  take  up  Armes  againft  his  loyall  withotlet* 
 
 :>jc&s,  and  alTault  their  pcrions  to  murthcr  them  and  fpoy  lc  their  goods;  if  they  (by 
 
 ramon  confent  in  Parliament  efptciali) )  fliall  forcibly  refift,  dilarme  or  reftrainc r>  Se*:6<i  dc 
 
 ;pcrfon,  till  his  fury  be  appeafed,  and  his  judgement  rectified  by  better  councdh; lr<u 
 
 all  this  be  T^cafonj Rebellion, or  Didoyaltie  ?  Godforbid:  Ithinkcnoncbut  road 
 
 rncanorwillaverrcit.  Itwasagreat  doubt  in  Law,  till  tbeflatutc  of  35.  H.  2. 
 
 20.  fctlcd  it,  If  apartj  t'^at hadcommkted any highTreafo>s  when  he  v as  of per feci 
 'mory;  afier  ar enfati™  ^c  x  aw,  in  at  ion  >  andcenfejfion  thereof be. am?  m  tdt'e  o?  Innatiche^ 
 aether be  Jbould  b> tried and  condemned for  it -during  this  aiftemperl  And  fume  from 
 at  very  act  (and  21.  H.  7.5  1.36.^/  27.  J2.H.  3»Foifaiture  ^.zrADmcr  183. 
 itz. Nat.  Br,  202.  D.  StamfordP/eas,  16.  b.  and  Cooke,  /.  4./.  124*  Tlever/yescaic, 
 hich  rclblvcyhat  a  Lunaticke  or  Non  Compos  canmt  fa  guilty  of  murthry  fel  nj,cr 
 lite  Trcafon }becatife  having  no  unde-'ftanding>  and  kn  ming  not  what  he  do;  h,he  can  rave 
 je Bon-ins  intention)  conceive,  that  a  reall  mad-  man  cannot  be  guilty  of  high  Trcafon 
 hough  Sir  Edward  (fvohe  in  rBev  r/ies  c  tfe,  be  of  a  contrary  opinion  J  if  he  fhculd  af- 
 alt  or  kill  his  king*   And  I  fuppofe  few  will  deeme  t  Walter  Tcrrtls  cafuall  killing 
 
 King  Willi*™  Ruftts  with  the  glance  of  his  arrow  from  a  tree,  (hot  at  a  Deere,  high 
 ;cafon;  neither  was  it  then  reputed  fo,  or  he  profecuted  as  aTraytor  for  ir,  bccaufcr^//:^ 
 
 had  no  malicious  intention  (as  mod  thinkej  againft  the  King,  or  any  thought  to  ^f^j^ 
 i  re  him. But  I  conceive  it  out  of  qucftion,ifa  king  in  a  diftra&ed  furious  pafTion  with-  <Matjycjl. 
 ■it  jVt  caufe,  fhall  invade  his  fubjc&s  pcrfons  in  an  open  hoftile  manner  to  deftroy  Mat-Par  pc. 
 sm;  it  neither  is,  nor  canbcTicafonncr  Rebellion  in  them,  if  in  their  ownc  nccef-  Ijcbonicon, 
 I  y  defence  alone  they  fliall  cither  cafually  wound  or  flay  him  contrary  to  their  loyal  1  */p  CpXt^n\ 
 kentions;  andthofc  f  Statutes  and  Law-look^s  which  judge  it  high  Trcafon,  h*  slcedv- 
 ;y  one  malicioufly  and  trayteroufly  to  imagine,  compafTc  or  confpirc  the  death  ofandotfo 
 ;eKing;  will  not  at  all  cxtendtofiicha  calcof  mecr*  ;uft  defence*  fince  aconfpi-the  life  of 
 i:\z  or  imagination  to  cor^paffc  or  procure  the  Kings  death,  can  neither  be  juflly  (;n'- ^ 
 ^gincd  nor  prefumed,  in  thofe  who  arc  but  mecrely  defenfive ,  no  more  then  in  o-  /;^^~ 
 tcr  common  cafes  of  one  mans  killing  another  in  his  ownc  inevitable  defence  v/itl>  berben,\ 
 ny  precedent  malice ;  in  which  a  Tardon  bj  Laiv,  is  grafted  of  cowfe:  however,  Cromp<i 
 
 Scftiorilctfeit  is  no  Trcafon  nor  murthcr  at  all  to  (lay  any  of  the  kings  fouldiers  and  r  ,£1f™  &. 
 vaJicrs  whoarenokings/niuchadcfenfivc  warrc.  Sb^tiy^Cml 
 
1 6  The  LArvfafaefe  of  the  Parliaments  necejfary  Defenfwe 
 
 Sixthly  ,fuppofc  the  King  (hould  be  captivated,or  violently  led  away  by  any  forraign 
 or  domefticke  enemies  to  him  and  the  kingdome,  and  carried  along  with  them  in  the 
 field,  to  countenance  their  warrcsand  invafions  upon  his  loyallett  Sub;cfts,  by  illc-l 
 gall  warrants  or  Commiffions  fraudulently  procured,  or  extorted  from  him*  If  the 
 Parliament  and  Kingdome  in  fuch  a  cafe,  fli  uld  raifcan  Army  to  refcue  the  King  ouc 
 of  their  hands,  and  to  that  end  encountring  the  enemies,  fhould  cafoally  wound  the 
 King  whiles  they  out  of  loyalty  {ought  onely  to  refcue  him;  I  would  demaund  oi 
 any  Lawyer  or  Divine, whether  this  Afl  {hould  be  deemed  Treafon,Rcbeliion  or  Dif. 
 loyalty  in  the  Parliament  or  army?  Or  which  of  the  two  Armies  (hould  in  point  ol 
 Law  or  Confciencc  be  reputed  Rebells  or  Tray  tors  in  this  cafe?  thofc  that  come  one- 
 ly to  refcue  the  King,  and  fo  right  really  for  him  indeed,  though  againft  him  in  fhew  • 
 and  wound  him  in  the  refcue?  Or  thofc  who  in  (he  w  onely  fought  for  hi  u,  that  they 
 might  ftilldetaine  him  captive  to  their  wills?  Doubtleffe  there  is  no  Lawyer,  nor 
 Theologuebut  would  prcfently  rcfolve  in  fuch  a  cafe,  that  the  Parliaments  Atm*  \ 
 which  foug'u  onely  to  refcue  the  King  were  the  loyall  Sub/efts;  and  the  Malignants 
 army  who  held  him  captive  with  them,  the  onely  Rebels  and  trayeors;  and  that  the 
 ca&all  wounding  of  him  (proceeding  not  out  of  any  malicious  intention,  but  love  and  | 
 \  loyalty  to  redeems  him  from  captivity,)  were  no  trefpafTe  nor  offence  at  ail,bcing  quite  i 
 .  befides  their  thoughts:  and  for  a  direaprcfident;  It  was  the  very  cafe  of  King  t  Hen  J 
 
 *An?ii66p.   tnernir^i  who  (together  withhis fonne  Prince  Edward)  being  taken  Priibncr  hy  thJ 
 $67.spt&\.  ^2r^c  ofLeycefler  in  thebattle  of  Lewis,  and  the  Eatle  afterwards  carrying  him  aboiil 
 <5  fo  Van.?. '  in  his  Company  in  nature  of  a  Pritoner,  to  countenance  his  actions,  to  the  great  difcon  0  * 
 1 8  o.i  8 1.  Ho-  tent  of  the  Prince,  the  Earle  of  <7/^/*r  and  other  Nobles;  hereupon  the  Prince  anJii 
 linff).  Graft,    they  railing  an  Army,  encountrcd  the  Earle,  and  his  Purees  m  a  battle,  at  EvepjaA 
 ihersf n  °"    where  the  King  was  pcrfonally  prefent,  flew  the  Earle,  Routed  his  Army,and  refcue  I 
 
 the  king;  in  this  cruell  battcll,  the  n  king  himfclfe  (being  wounded  unawares  witlil^ 
 a  ln  prtfati    Iavelin,  by  thofe  who  r ef cued  him)  was  almoft  flaine,  and  loft  much  of  his  blood  :  y<  I 
 bdlo.Domi-   ina  Parliament  foonc  after  fommonedat  wi«heftirt  Anno  iic'o'.the  Earle  and  hi 
 mi  Rexexti-  Army  were  di-  inherited  as  Traytors  and  Rebels;  but  thofe  who  refcued  them  thoug  I 
 tit  vultteatus   wkh  danger  to  his  pel  fori,  rewarded  as  his  loyall  fubjeds.  And  is  not  this  tncprefcYl 
 &n»mp**eczfe}  a  company  of  malignant  ill  Councellors,  Delinquents,  Prelates,  Papiils,  ha  J 
 inamlxla^  withdrawn?  his  Majcftie  from  his  Par!iamenr,raifcd  an  Army  of  Papills.  ForraigncJ 
 provifode.  '  Delinquents  and  Ma:c-contenis,toruintheParliamcnt,Kingdome,Religion,LaweI 
 pftotM&n     Liberties;  to  countenance  this  their  defigne,  they  detaine  his  Majcftie  with  them,  arl  \  \ 
 ?mM.        engage  him  all  they  can  on  their  fidei   the  Parliam:nt  out  of  no  difloyall  intcntiol^ 
 but  onely  to  refcue  his  Majeftics  perfoh  out  of  their  hands,  to  apprehend  delinquent 
 preferve  the  Kingdome  from  fpoyle,  and  defend  their  Priviledges,  Perfons,  Libertul  Jl 
 cftateSjreligionjf rom  un juft  inva(ions,have  raifcd  a  defenfive  Army,which  encountrl  ^ 
 thefe  Forces  at  Sdgehill  ("where  they  fay  the  King  was  prefent)  flew  the  Lord  Generl 
 (Earle  of  Linifej)  with  many  others;  and  as  they  never  intended,  fo  they  offered  ML, 
 kind  of  hurt  or  violence at  all  to  his  Ma  jetties  pcrfon  then  or  fincc;  and  now  full  fcB 
 again^  their  w»i$ jPetiti  ons,enicavours  for  peace,  they  are  neceiTir&tci  to  continue  til 
 offenfive  warre,  for  their  owne  and  the  Kingdomes  neccflary  prefervation.  The  figj  n 
 qicftion  is;  ivhether  this  Atty  this  Defevjiv*  tVarre  of  the  Parliament  and  their  Forvk  • 
 be  hi$h  Treafon or  Rebellion  ?  anlw 'o  are  t  e  Trajion  and  Rebcfts  in  his  cafe}  CcrtaH  J] 
 ly,  if  I  undcrlUnd  any  La\v  or  Reafbn,  the  Parliament  and  their  Forces  are  ?^  ff||$; 
 
Warre^  both  in  Point  of  Law ,  and  Conjacncc* 
 
 )c  innocent  from  thclc  crimes;  and  their  oppoiitc  Popiih  Malii;nai  c  Cavalccn  ,  the 
 
 >ncly  Rebels  and  Traytorsjas  ciiis  Parliament  (theoncly  proper  Judge  cf  Trcafor.sJ  « Sec  the  Tit- 
 
 nath  x  already  voted  and  declared  them  in  point  of  Law.  nu  nl  l  -n-c 
 
 Seventhly,  it  is  *  Littleto  s  and  other  Law-bookes  c*prcflc  reiolutions;  That  if  JJ  *** 
 l  man  grant  to  another  the  Orricc  of  a  Parker  (hip,  of  a  Parke  lor  life,  the  chatc  which  t  °   ^    ov% 
 K  hath  is  upon  condition  in  Law  (chough  not cxpreflcd)  that  he  fhall  well  and  law-  *  ui  tic  ton 
 ully  keep:  the  Parke,  and  doc  that  which  to  his  Oilicc  bclongcth  to  dee,  or  Other- /tff.j7«.C»t 
 »viic  it  (hail  be  lawf ull  for  the  grantor  and  his  hcircs  to  remove  him,ard  grai.t  it  to  a  no-  irft.ibj.z ;  \ . 
 mcrifhcwill:  and  if  the  Parker  negligently  (IfFcr  the  Dccrc  tobc  killed,  or  k.llthe^  f"V°* 
 Deere  himfeifc  without  furficicnt  warrant  from  his  Lord,  it  is  a  dircft  forfaiturc  of  bis  J^J  ^  '*' ^ 
 Ofticc,   IfthcnaKacpcrorFcrrcftcr  cannot  kill  or  negligently  TuiTer  bhD:erctGbcf>6w^K4p. 
 iillcd(no  nor  yet  dcllroy  the  vert  on  which  they  fhuuld  f  ccd,or  fuffcr  it  to  be  deftrcy-  ?  7  9.  $  80.4  $. 
 :6)  without  forfaiturc  ofhisOtficc,  even  by  a  condition  annexed  to  his  Office  by  the  £j.c4.  4.H, 
 very  Common  Law;  fliall  a  King, thinkc  you,  lawfully  murthcr,  plunder  and  dcllroy  7^-7»Cm^ 
 lis  Subjects,  his  kingdomc,  withoutany  forfaiture  or  refinance  at  all?  or  will  ^^l^'9** 
 Common  Law  of  the  Land  in  fuchacafc  which  provides  and  anncxeth  a  condition 
 to  the  Office  of  a  Parker,  not  much  more  unite  it  to  the  toy  all  Office  of  a  King,  (who 
 :s  but  a  rcgall  Kesper,  or  *  Jheepheard  of men%  of Chriftians,of  freemen,  n?t  of  (laves)  *  in.78.70; 
 or  the  Subjects  prefcrvation  and  fecurity?  Doth  the  Common-Law  thus  provide  71.  7** 
 ror  the  iafety,thc  Liberty  ^welfare  of  our  beafts,  yea  our  wildc  beafts,  arc  our  Dcerc  fo 
 iwt  unto  it,  and  will  it  not  much  more  provide  for  the  fecurity  of  our  ownc  perfens, 
 Lives,  Libcrties,cftates?  (hall  not  thefc  be  <fc*r*r  to  it  than  our  Deere}  How  many 
 J  riged  La  wes  have  becne  anciently , and  of  late  yearcs  made  >again(t  the  kiliing,thc  dc-  *  Jcc  chirf4 
 Iroying  of  tht  kings,  the  Subjects  Dcerc  in  Forrcftsand  Parkcs,  for  which  fomc  have  &  f0Tre/igt 
 oft  their  Liberties,  Lives,  members?  And  mall  not  the  Lawcs  for  the  prcjervation  RajiahAbidp. 
 rfthc  Subjects  Lives.  Liberties,  cftates  be  more  inviolably  obferved,  more  fevcrdy  "wfj  rule 
 >rofccuted?  May  a  Forreftcr,  Warrcncr,  or  Keeper  of  a  Parke  lawfully  bcatc  and  *Jrrtfl'  * ' 
 <ill  another  in  defence  of  his  Dccrc  and  other  game,  without  any  penalty  or  forfaiture  J^BuLf] 
 it  all,  enjoying  the  Kings  Peace  as  before  this  fad,  by  the  cxprciTc  ftatute  of  2 1 .  £♦  1 .  dc  irjhtEpf- 
 flaftall  Forfeits  19.  and Stamfords  Pleas,  I  i.e.  j.o*.  And  cannot  a  poorc  fubjc&*o/>i Bibi,?^ 
 defend  his  ownc  pcrfon,  family,  houfc,  goods,  Libertic, life,  againft  the  kings  Forces,  from  Tom  1* 
 Dr  Cavalecrs  without  the  danger  of  Treafon  or  Rebellion,  if  the  king  himlelfc  bc^r',x'Pr/44' 
 prefent  with  them,  or  they  come  armed  with  bis  un/uft  CommilTion  ?  Certainely  this  ^SnUdfiu. 
 \  is  a  too  abfur'd,irrationall,  bcaftiall  opinion  for  any  to  belecve.lt  is  our  Siviours  own  dum,  <jc. 
 doubled  argument,  Mat.6.  i6.Luks  1  2.  J4.  Behold  the  forties  oftheayre9andconfder 
 'be  R*vtnsy for  the?  neither fow  nor  reapc,  neither  have  flore-honfe,  nor  barne^  jet  yonr 
 :  heavenly  Father  feedeththem:  ARE  NOT   TEE    MVCH    BETTER    THEN 
 THETf  THEN  FOrVLES  t  And  Ln^  12.  6.  7.    Mat.  10.  29.  50.51.   Are  not 
 lr»o  ft  irr&wes  fcld  for  a  farthing  ?  *nd  not  one  of  them  fij all  jail  to  th:  ground  without 
 1  our  Father;  "But  the  very  haires  of  jour  ht*d  are  aH  nun.by  td\  Fcare  ye  not  therefore,  TE 
 ARE  OF  MORE  ViLVE  THEN  M ANT  SPARROrVES  And  thcApoitlchath 
 \  he  like  argument,  1  0.9.9.10,  Doth  God  take  care  for  Oxen?  Or  faith  be  it  not  alto-e* 
 ^herfor  our  fakes}  for  cHr  f  .fa  ,  NO  DO^T  THIS    IS   WRITTEN,  &C. 
 > r   Men  are  the  Sovcraigne  Lords  of  all  the  Creatures ,  of  far  re  more  exceHencU  anddtg- 
 ]\»tj  then  alitor  an)  of  them;  effeei  illy  ChnflUn  m:*;  whence  the  Apoftic  7W  gives  *  G™.  MS, 
 tf:his  faiacbargctothc£/<fcrj  ofEfhefx*  Tbchnging  as  well  ro  kings  as  Miniftcrs;  l9('l?'c  *  %* 
 a^.20.a8;  Take  heed  therefore  nntoa'l  the  flocke  over  w!wh  the  holj  Gbaji  hath  m«at      '*-^°'9- 
 
 C  jo;t 
 
8  The  Lawfalntjfe  eft  be  Parliaments  aeceffary  Deftnfivc 
 
 T    7 
 
 % 
 
 pu  over-feers  to  feed  the  Church  of  God  wh  eh  he  hath  fnrchafei  -with  his  owne  blood  i 
 *PfaUo{.    and  God  himfcife  hath  given  this  exproffe  inhibition  even  to  *  Kings  themfelves ,con«* 
 i4  15,1  Chucerning  his  and  their  peoples  fafety  (m^Q  ftrangely  inverted  by  flattering  Divines,1 
 96.10  ii. See  quite coacrary  to  the  words  and  meaning:  J  Touch  r.ot  mine  anointed,  anddo  vtj  Prophets 
 ^C  Vi  jdpa~  no  barm?.   Andfliall  not  men  then  made  ajter  Go&sowne  Image;  mm  redeemed  Ana  pxr. 
 vmdiariwT  eh*ftAb  the  M**d  of  drift;  men  ma  fc  *  Kings  andPriefts  to  God  their  Father,  whorr 
 ©f  this  Text*  God  himfelfc  hath  exprefTcly  prohibited  Kings  themf elves  to  tonch  or  harme*  not  b 
 !  Re7«i.6.c.  allowed  liberty  to  defend their  perfons,hau(es,  lives, liberties, without  cffcncc  or  Trca- t 
 5-io.c.io.i;,  fon,again(t  Kings  or  any  their  Cavalcers  affau!ts,by  the  Law  of  God,  the  Common  or' 
 ftatuteLawoftheRcalcr.e;  when  as  their  very  Keepers,  VVarreners,Forrcflers  may 
 lawfully  rcfift,and  flay  them  to  Without  crime  or  punifnment,  if  they  fhould  offer  but 
 to  kill,  tofteale  thstr  Deere  or  Connies  i  Are  they  not  much  better,  much  dearer  to 
 God,  to  Kings ,  then  foules  ?  thenSparrowes?  then  Oxen?  then  Deere ?  and 
 their  lives,  their  blood  more  precious  then  theirs?  fureiy  the  Scripture  is  expreffe: 
 H'Pfal,7iIi4.  *^at  *  ?T€Ci0HS  *n  the  fight  of  the  Lord  is  the  blood,  the  death  of  his  Saints^  and  therefore 
 -Pf«  1 16,1  ?;    *&*  thatfbeddeth  mans  blood  (be  he  whsm  he  will  in  an  unlawfull  way)  by  man  fhall 
 *  Ccn.  9.6.  his  blood  be  feed;  if  not  in  a  judicial!  way,  yet  by  way  of  j  aft  defence,  as  Chrift  himfelf , 
 ^nri64ji,    expounds  it,  Mat.  26,  5  2.  ALL  they  that  take  the  fword,  fhall  perijh  with  the  [word  : 
 zndRev.  to.  10.  He  that  tylttb  with  the  fivord,  MVST  BE  KILLED    WITH 
 THE  SfVORD;  (  no  doubt  he  may  be  killed  by  way  of  neccfory  defence;)  then  it   v 
 immediately  folio  wee;  here  is  the  patience  and  faith  of  the  Saints:  that  is,  Saints  will:   t 
 and  muft  patiently  endure  many  prefliires  and  wrongs  from  Tyrants  and  opprefTors 
 without  refiftance,  but  if  they  once  com:  to  make  war  re  with  them,  as  the  feven  hea- 
 ded beaft  there  dkl  v.  7,  then  both  thefaith  and  patience  of  the  Saints  them/elves  will 
 binde  their  hands  no  longer,  but  give  them  free  liberty  in  inch  an  extremity  ffor  their 
 oWneand  the  Qiurches  prefcrvation,in  their  juft  defence)  tafliy  thole  feven  headed 
 beafts  that  fh ill  atfiult  them  ;  the  very  faith  of  Chrift  then  tcacheth  them  no  other 
 kflfon  but  this  :  he  thatleadnh  into  capiviw  fbtll got  ix1  oeaptivitic  >  and  he  that  killed 
 irith  thefivordmttft  be  killed  vith  the  [word :  and  in  fuch  a  caie3God'fa*ith,  Ff*l.  1 4 9.  £,|  iii 
 J\  &.  9,  Let  a  two-  edged fword  be  in  their  hands,  to  execute  V7ngran&  upon  ihe  hea'thenM  jg 
 and pismflyTnent  H}on  the  people ;  to  binie  thetr  Kings  mrb  chants   and  their  Nobles  will, 
 fetters  of  Ir  ok;  to  execute  up  on  them  the  judgment  written  :    This  tenon?  -fthispri 
 viledge  in  fuck  cafes  J  HAVE-ALL   THE    S  A  J  N-  T  S>    P-rxife  ye  1  he  Lord\  q 
 f  :J.     ■  And  very  good  reafon  is  there  for  it.   For  as  Nature  it  feife  hath  inftm&cd  Lyons!  jk 
 SzCjuriaJk  B^rcs>Wulvcs,BoareS)  Stagges,  Buckes,  and  moft other beasts,  not  .onely  todefenil  m 
 Sfiftaculu   "  themfelvcs  againft  the  violence  of  one  another,  but  even  of  Men  their  fupreamiflr* 
 onhpbhus,     Lords;when  they aCTault and  hunt  them  to  takeaway  their  lives,over  which  God  bacll  m 
 Bobrgwus,     given  men  a  la  wfull  power: much  more  then  may  men  by  natures  di&ate,defend  tfieil  w 
 ??2>-     pcrfonsjlivcs'sgainft  the  unlawful!  violence  of  their  kings  or  Armies  (over  which.Go  I  ;j 
 TbettHs  Lw  hath  given  them  no  po^er  at  all  but  inalegail  wsy  of  jufticc  for  capital!. offence* m  h 
 fa  Circmptus  when  they  afuuk  or  make  warre  upen  them  to  deftroy  them.  Not  ro  trouble  you  wft«  h 
 and  $odwts  Hiitories  ol  Stag«cs  and  other  beafes  which  have  killed  men  th;t  chafed  them,  in  tfieB  « 
 
 i 
 
 i 
 
 j  /  42  pift^«  iomefew  examples  even  of  Kings  themf elves,  who  havebeene  llaine  and  devoured  lA 
 
 "  h'tA\ 
 
 it. 
 
 ! 
 
W>xrrcy  both  in  Potnt  of  Larv^  and  Confcience.  I  £ 
 
 Vianfiraftsn  and  others  record)  Ixiiv^  in  his  ciiiporrot  hnntirg,  was  (lain  ut  the  wildc 
 ocafts  he  purl  tied,  when  \$  hau  reigned  40.  yearcs :  {0  was  his  forme  King  Mempns 
 ktaincarid  deftroyed  in  bunting  m  the  fau,c  manner.   Mernpdm  King  of  lirutaine,  was 
 devoured  by  a  Sea  monltcr  which  he  encountered;  and  *  B*[U  us  the  3  5  Kmpcrcur  of  \29^m 
 Covllattinoplc  bunting  a  Stag,  of  an  c*traordinary  grcatrdlc,  ar.d  thn  king  to  cut  eff ,  ♦  ti.Hiki 
 his  nccke  with  his  Iworoj  the  S:agge  rsn  fiercely  at  him,  gored  him  with  his  homes  fieri  C^titf* 
 on  which  he  toiscd  1  im,  bruited  his  entrails,  whercot  he  dyed  feme  few  d«ycsaf-1.4.c.  s^.p, 
 tcr,  ;nd  had bccncilainc  immediately, on  the bcalishcrncsjhad  not  one  there preient  J,0+-       ^ 
 drawnc  his  iword  and  cut  off  his  girdle,  by  which  he  burg  on  the  horres,  to  wr.om  r  c  JJ^MtfTp 
 gave  a  very  ill  rcquitall  for  this  loyall  f'ervicc  :  other  (lories  of  kings  (lane  by  bcailsin  9^69j^Qlmi/r 
 their  ownc  defence  occure  in  itory,and  examples  of  kings  llainc  by  men  in  ar.d  fortheir  hur,i»z.iab\ 
 prefcrwion,  arc  almoft  innumerable:  that  of  our  king*  Edmor  dis  cbfcrv2blc  among  Grojt.Hoiin/. 
 others,  who  as  our  Hiftorians  write  being  at  a  fcaft  at  'fullers  Church  on  .Saint  Augu-  sPud>  V*d  os 
 (fines  day,  cfpied  a  thecfe  named  Leofy  whom  he  had  formerly  bauifhed,  fitting  in  the  jj"8 
 Hall, whereupon  helc2ptovertheTablc,aflaulted  Leof  znd  plucked  him  by  the  haireof 
 the  bead  to  the  ground ;  who  in  his  o wne  defence,  wounded  the  king  to  death  with 
 ji  knife,  hurt  many  of  Jbislcrvants,  and  at  length  was  bimfclfc  hewen  all  in  pecccr. 
 gut  th.4t.0l  cur  Kjng  *  %khardihc  i-is  more  rcmarkeablc,  who  being  (Lot  in  thearme 
 with  a  barbed  Arrow  by  one  Peter  Bafil%  (or  Bertram  Curdcn  as  others  name  him)  *  Wci«£  Ant 
 I  h  the  fiegc  of  Chains  Cattle  in  Aauitatn  which  re  belled  againft  him;  the  Cattle  bcirg  £"  *f™™ 
 I  taken,  and  the  king  ready  to  dye  of  the  wound, commanded  the  perfon  that  ftiotbim  fjJJ'jfofr  ' 
 \to  bq  brought  into  his  prefence,  of  whom  he  demanded;  what  kttrt  I.  e  had  dene  him  WeJlm.Pcljc. 
 Uhas  provoker  him  to  this  mifchiefe  ?  To  whom  he  boldly  rcplyed  :  Thru  haft  kilhdmj  fab.  iValftrf. 
 WMber  and  my  two  Brothers  ,With  thine  cm  hand^andnow  wottldeft  haze /lain  mctake  what  ^^J?7^' 
 \*evtn$t  then  wilt •/ Jha 11 'willingly  endure  what  ever  torture  thin  tartfi  infttt  upon mtjn  re-  ^[y^  r^* 'ot- 
 rft&  I  have  flame  ths$twhohaft  done/nch  and fo great  mifchiefe  to  theWor/d.lhc  king  hea-  Ruh.2. 
 ring  this  his  magnanimousaniwcr,rclcafcd  him  fromhis  bonds,(though  he  flewthc  reft) 
 and  not  oncly  forgave  him  his  death,  but  commanded  an  hundred  fhilllings  to  be  given 
 him.  If  then  bruites  by  the  very  law  of  Nature  have  thus  defended  thetnlelvcS'  againft 
 kings,  who  have  violently  alTaultcd  them,  even  to  the  cafuill  death  of  the  alTaiiants: 
 Whymcnby  the  fclfeGmc  Law,  maynotjfuftly  defend  themfelvcs  againft  the  un/uft 
 aiTailing  warres  of  their  Princes,  and  Armies,  without  Trcaibn  or  Rebellion,  exceeds 
 my  (hallow  undcrftanding  to  appreftend :  and  I  doubt  thofe  very  pcrfona  Who  now 
 plead  tnoft  againft  it,  oncly  to  accomplifo  their  owne  pernicious  ckfignrs,  would 
 makenofcruplc  of  fuch  a  necelTary  dcfcnfivc  wars  and  refiftanccs  lawJulncfle,  were 
 ;  the  cafe  but  really  their  ownjandtbofe  Papifts  and  Cavaliccrs  who  now  take  up  armes 
 againft  the  Parliament,  the  fuprcameft  iawfuil  power  in  the  Rcalme,  and  their  owne 
 1  nativo  Country,  without  chcckc  of  Conkience,  would  doubtlelle  make  no  bones  at  ail 
 ([forcibly  to  refill  or  tight  againft  the  Kingbimfclfe,fhould  he  but  really  joync  with  the 
 ^Parliaments  Army, againft  them  and  their  dcllgnes;  there  being  never  any  Souldicr  or 
 :iPolititian,butthofe  oncly  who  were  truely  fandificd  and  religious,  that  made  any 
 ;, confcience  of  righting  againft,  yea  murtheringof  his  natural!  king,  not  oncly  in  a 
 >, iawfuil  defoofive  warre,  but  in  a  Trayterpusand  Rebellious  manner  too,  if  he  might 
 j  thereby  advantageor  promote  bis  0 wne  particular  intcrcfts,  as  is  evident  by  the  coun* 
 jCcllandfpcechof  D^i/V/fouldiers,  and  King  Saul  himfclfe.  1  Sam.  24.4.  5. 6. 7. 
 1 8.  jo,  z  1.  by  the  words  oiAtifiai,  to  Daud,  1  Sam.  28.  8. 0,23,  24.  by  the  Coan- 
 
- 
 
 11 
 
 r  -  ■■      - -     ■  '      '.  mill  -1      ii  mill       -n-ii.  ■■-'■■■■■  ■ 
 
 2  o  Tfo  Lawfulneffe  of  the  Parliaments  ncceffarf  Dt  fen five 
 
 *  ice  Bifhop  cell  of  AM-.ophe/l%  which  pleated  ts4bfilo*s  andalltbe  Elders  cfjfraelwell,  2  Sam  1 7# J 
 ritrft 'ff  u  ?**'•?•  4  anc*  ^-Wwite  number  of  Emperours,  of  Kings,  which  havebcene  traytc- 
 i.anona&"  "  roufl/,  and  rebeiiioufly  fhinerwithout  any  ju^occafion  by  their  own  Souldic  rs,and  that 
 part  j.pi4i  1 ,  »n  a  raserc  cftenfive,notdcfcnfivc  way;  above  halfc  the  Roman,  Grecian,  and  German; 
 to  4n.i'nd  Emperours  dying  of  ftich  affaflinations,  or  poyfonings,  very  few  of  them  of  ineerc 
 the  Authors  naturall  deathes,  as  the  Hiftories  of  their  lives  declare. 
 
 *h  C  f 'fr/7  /  ElgJitMyi  Icis  in  a  manner  agreed  by  y  Hiftorians,  Polititians,  and  Divines,  tha*  if  a 
 6c!uu  i'f.  K,nS  wi^  delcrt  ^c  defence  and  Protection  of  his  people  in  times  of  warre  and  dan- 
 1.4.  Qjunb.  gcr,  and  neither  aydc  nor  protect  them  againft  their  enemies  according  to  his  Oath  and 
 Brit.p.  07*  Duty,  they  may  infiich  a  cafe  of  extremity,  for  their  owne  neceffary  defence  and  pre- 
 108  p*Q  See  fcrvation,  defert  him,  who  delerteth  them,  and  eleel  another  King,  who  can  and  will 
 Grir  P<,^#  ProtcC^tncm^r:>m  uttcr  rlun»  Vponthis  very  ground  the  *  Buttons  pf  this  Nati*  | 
 *3acobm  VaI  on  after  many  hundred  ycares  fubjedion  to  the  Roman  Emperors,  rejected  their 
 dtfus  de  Vis-  yoake  and  government,  when  they  refufed  and  ncglcdcd  to  defend  them  againft  the. 
 mute  Regit*  barbarous  Pitts  and  others,  who  invaded  them,  when  they  had  oft  craved  their  afll- 
 ■*?*•  ft  ftancc;elcdingthcmotherP/i'r#jf/;  Sothc* «$/>**/**•<// being  defcrted  by theRomai 
 FrMeiftmT*'  ^mPcrors  a°d  teft  asa  Prcy  to  their  enemies, abandoned  their  government,  andclofred 
 upbade  Re* cncm  Kmgs  of  their  owne  to  protccl  them,  which  they  juftrfied  to  be  la  wfuli  for  them 
 g  but  Hi/ba-  to  doe.  And  in  like  manner  the  Romans  and  Italians  being  forfaken  of  the  Empcrour 
 »#>,.  Michael  Conft*ntwtt  when  they  were  invaded  by b  Aiftulftts  King  of  the  Lumbar ds ;  Elc&ed 
 ^'"ur^F-  cif4r^s  tnc  Grcat  *°r  tnc*r  Empcrour,  and  created  a  new  Empire  in  the  Weft,  diftindf 
 Mjvfitofm. from  thatof  C^fl^inopk  in  the  Eaft,  which  Bifliop  Bilfon  himlelfc  concludes  they  » 
 i.zfio.      *  might  lawfully  doc,  in  point  of  conscience.  So  c  CW*r/c^  being  unfit  to  governed  fl  u 
 
 *  Ice  Bifliopanaunabletorepulfcthe  enemies  of  the  French  which  invaded  his  territories;  there-l* 
 Btifin:  true    upon  by  the  ad  vife  of  Pope  Zaehary}  and  of  a  whole  Synod  and  Parliament  in  France,  U  ^ 
 ^aPcrence,     t^Cy  depofed  ChiUerkke,  and  eleded  Pipin  for  their  King,  who  was  both  able  and 
 jo^Mtf^nd*"  w'mnS t0  protect  them;  Vpon  thisvery  ground  the d  Emperours  Charles  thothird,andj 
 the  Appendix  Wtncejl  tut  were  depo(ed*s  being  unable  and  unfit  to  defend  and  governc  the  Empirejl  ^ 
 here  p  s  9.    and  others  elected  Emptors  in  their  ftceds,  Thus  *  Mahomet  the  .blindc,  King  of  J  a 
 'Auenrirmt    Gr ana  Jo+wzs  in  the  yeare  13  09.  depofed  by  his  owne  Brother,  Nobles,  andSubjcclSjl  f 
 U    llVil    w^w^^^^c^^^^tob? governed I7 a biinde King, who  couldnot  leadthemtol 
 IfTrancein  l^z  warres  in  pa  ien.  A  nd  *  Et  hodius  the  id  king  ofSw'W,  bring  dull  of  wit,  given  I  * 
 b>4  Life. see  the t0  avarice,  and  nothing  mectc  togovcrnethc  Realmc;  thereupon  the  Nobles  tookcl  * 
 jfppe  itix*     up3n  them  the  governmet,appointing  Rulers  in  every  Province,  &  fo  continued  thcrr  I  (0 
 *Sce  Griv-  all  his  reigne,  leaving  him  nothing  but  the  bare  title  of  a  King,  ("not  depriving  hiai  |  w 
 ittki  tivyin  f  ^2rco^  out  Qf £ne  rcfpecl  they  gave  to  the  family  otFtrgufim)  but  yet  taking  away  a] 
 t\eir[iOvey^&hlsreSa^P0WCr'  And hotto multiply  cafes  oreximples  of  this  nature:  **Andrew 
 and  the^p-    F*v'*?  inhis  Theatre  of  Honour.out  of  the  Chronicle  of  L**rejh9wzxi£  Aintoniw'w 
 pciHix,         his  4th  Booke  of  the  Hiftory  of  francs,  relates  a  notable  refolution  given  by  the  Parlia- 
 
 *  n  h  ft  €R  m  *r,t  °^  ^^atcs  °f France  in  this  very  point.In  thcycarc  %o*$.Lewes  thsDcbimnairc\Sx\\ 
 ofS^iwe  Lp  °  •  F}'Ance  holding  his  Parliament  in  May,  there  came  thither  from  ftrangc  Province 
 4i r  two  Brcthren,kings of yuU'eswho  with  frank  8c  free  good  will  fubmitted the mfelvc 
 
 *  g  ifr.piTt..  to  the  judgement  or  the  faid  1  arliamsnt,  ro  which  of  them  the  kingdo  rx  diould  be 
 7  p  8  5 .  Bii»  long.  Thceider  of  thefe two  brethren  was  named  AfeU^dfins)  and  the  yonget  Crte 
 ctiw  Re-  ^rag14Si  ^ow  albeit  the  culome  of  the  Aid  kingdome,  ad  judged  the  Crownc  to  th 
 |Mai«  '  ^^'ddeft,  according ^0  the  right  of  PWw^^iw^  aUowsdand  praftiftd  by  the  law  c 
 
 Hoaourl.  i« 
 
Warre^  foth in  Ptim  of  Law^ and Ctmfcietice.  *l 
 
 Mature,  and  of  later  memory,  in  tnc  perion  of  the  la  t  dead  King  /.tubus,  father  to  the 
 wo  contend  ants;  yet  notWithftanding in  regard  that  the  Subjects  by  umverfa'lconfcnc 
 if  the  king  dome,  had  rejected  the  elder  brother  1011  HIS  COWARDISE  AND 
 :V1LL  CjOVERNMENT  {cum  fecandAmritumejus gtnti*  comn,i^um  fbi  Regrtum 
 urum  d'gne  admintflraret)  and  had  piven  the  Crown  to  the  younger  brother  1  OR 
 HIS  VALOVR  &  DlSCREETE  CARRIAGE;  after  lulf  hearing  of  both 
 parties,  BY  SENTENCE  of  IMRI  I AMENT,  the  Kingdome  was  adjudged  to 
 She  younger  Brother,  (flatJit-ut junior /rater  dclatam  fibt  a  Pcpulo  Juo  pot  faum  ha- 
 \crtt>  ore  )  and  thereupon  the  cldelt  did  him  homage,  with  cath  of  Allcigancc  in 
 the  laid  Parliament,  and  fubmitted  to  this  fentence.  And  upon  this  very  ground  in 
 
 (ome  of  our  ancient  Britifhand  Saxons  Kirgs  Rcigncs  when  the  right  heire  to  thef$cc  r^rc. 
 Crownc  was  an  infant,  unable  to  defend  his  kingdomc  and  people  againft  invading  n«etc  the 
 enemies,  the  Crowne  hath  commonly  deicended  to  the  Vndc  or  nex:  heire  of  foil  age,  <-nd. 
 who  was  able  to  protect  them  and  rcpulfe  their  cremic5,  till  the  right  heire  acccmpli- 
 [hcdhiscoropleatage,asI  have  clfc  where  manifeftcd.  If  then  a  Kingdomc  by  gene- 
 raUconfcnt;may  electancw  King  to  defend  and  prcferve  it,in  cafe  of  invafionand 
 eminent  danger  of  mine  by  forraignc  enemies,  when  their  preient  King  either  canno^ 
 or  wiUnotdoc  his  duty  in  protecting  them  from  their  enemies,  and  expofcth  the'm 
 for  a  prey  tajheir  devaluations,  as  thefc  examples  and  authorities  conclude  tl  cy  may, 
 though  I  will  not  pofitively  determine  fo.   Then  ccrtainely  by  equall,  fcmblable  and 
 I  greater  rca(on,fubjccts  may  lawfully  take  upneccflary  defcnfive  Armes  againft  their 
 Kings,  when  they  (hall  not  onclydcfcrt,  but  actually  invade  and  wage  warre  againft 
 them, deftroyanj^waft  them  in  anopenHoftilc  manner,  and  handle  them  as  ciuelly 
 as  the  Worft  of  enemies;  fuch  a  wilfull  unnaturall  Hoftile  invairon,  being  farre  worfc 
 I  than  any  cowardly  or  barcdefertion  of  the  when  they  arc  invaded  by  a  forraign  encrr.y. 
 
 AndifKingsincafcof  iotcifhneflc  or  Lunacy  may  be  lawfully  depofed  from  their 
 kingdomes  by  common  confent  of  their  Realities,  when  they  are  altogether  unfit  cr  • 
 
 unable  to  gpveme,  as  B  (hop  Bilfon  aflertSj  and  1  have  manifefted  elre  where :  then  \ 
 \  much  more  may  they  be  lawfully  rcfiftcd  by  force  without  guilt  of  Treafon  or  Rebel- 
 i  lion,  when  they  wilfully  and  maliciou  fly, contrary  to  their  oath  and  duty,  caft  off  their 
 [  Royall  governments,  the  protection  of  their  fubjects,  and  wage  open  warre  againft  : 
 ,  th:  Rl,  to  cnflavc  or  ruinc  thera. If  a  Father  fhall  violently  and  un  j.ift  ly  affaulc  his  i  )nne, 
 (  a  husband  his  wife,  a  mad  cr  his  fervant,  aMaj^ror  other  inferior  O/ficer,  a  Citizen 
 ,  to  murthcr.maime,  or  ruinc  them;  Thy  may  in  fuch  a  ca[c  by  £  the  Law  of  Nature,  God,  t  Sec  Svnmt 
 j  manure fi$%repul[e them  in their owne defence  without  a*j  crrw-rff  4//,asdayIy  pradifecx-  Rofdf*  Tlt. 
 j.  pcrimcntally  manifefls;  yea  they  may  fweire  the  peace  againft  them,  and  have  a  Wiit  BiiMm- 
 fl»»  defeguritAte  Pads  in  fuch  cafe?,  Therefore  by  the*  fclfefamc  reafon  they  may  tcfift-  r. 
 ^.thcKing  and  his  Army  inlikecafcs;  there  being  no  more  humane  nor  divine  Law  ^rnmmufo 
 v  againft  refinance  in  the  one  cafe,  than  in  the  other.  8l. 
 
 ,,     FipaJ!y,icisthcrcfolutionofl7^«  Bodm  and  others,  who  deny  the  lawfulnefle  cf  , 
 J  Subjects  taking  up  Armes  againft  their  Soveraignc  Prince,  or  offering  violence  to  his  iCcmrr"n 
 
 pcrfon,  though  he  become  a  Tyrant:  That  if  a  Sover4igne  Prince  or  King  by  lawful"        I  V'* 
 ^  *  elcclioncrfuccer9n  tun-  aTjrAft Jot  may  t Awfully  fat  his  Subjects  requctt;  bein?ad-d         ' ' 
 t  *  rtfifodfMdenxtd  or  fl  am e  by  afarrtigr.e  <prince.£ox  as  of  all  Noble  acts,  rone  is  more 
 ill  honourable  or  glorious,  then  by  way  of  fact  to  defend  the  honour,  goods,  andl  ves  . 
 1 ;  of  ladus  arc  uDJuiUy  opprcflcd  by  the  power  of  the  more  mighty,  eJpcciaily.  the  gate 
 r  P3>  c»f. 
 
i 2  The Lawfulneffe of  the  ParUamemsmceJfarjjpefenfive 
 
 *  of  luitice  being  (hut  againft  chennthus  did Mcfes  feeing  his  brother  thcffi-jteltte  beaten 
 
 *  and  wronged  by  the  Egyptian,  and  no  meancs  to  have  redreffe  ok  his  wrongs :  Soie 
 
 *  is  a  roof*  faire  and  magnificall  thing  for  a  Prince  to  take  up  Armes  to  relcivc  a  whole 
 'Nation  and  people,  unjuftlyopprcfiedby  the  cruelty  of  a  Ty.rant :  as  did  the  great 
 <  Hercu'esyjho  travelling  over  a  great  part  of  the  world  with  wonderful!  powtr  and 
 f  valour  deftroyed  many  mod  horrible  monikers,  that  is  to  fay,Tyrants;  and  fo  delive- 
 red people,  for  which  he  was  numbrcd  among  the  gods,  his  poflcrity  for  many 
 '  worlds  of  yeares  after,  holding  moft  great,  Kingdomcs.  And  other  imitators  of  hii 
 f  vertueas  Die,  Timfilton^rat.w*  Harm$4ittsy  Ariftogiton,  with  other  fuch  honoura* 
 '  blc  Princes,  bearing  Titles  of  chaftifcrs,  and  correctors  of  Tyrants,  And  for  tint  onely 
 
 *See  K«o^  c  caufe  Tamer  I  tin  Emperour  of  the  Tartars,  denounced  warre  unto  *  'Bajazct  King  of 
 TurkifhHift.  <  the  Tarkesy  who  then  beiieged  COMftantiK0plef  fay'rag,  That  he  was  camming  tcckaftjfi 
 in  his  life*  c££  Tyrannie,  and  to  deliver  the  afpfted people -y  and  vanquishing  him  in  battle,  routed 
 'his  Army,  and  taking  the  Tyrant  prifoncr*  he  kept  him  in  chains  ;n  an  Iron  Cage 
 f  speeds HJl.  c tj|j  kc  ^yed.  Neitheriathisca(eisit  materiall  that  fuch  a  vertuous  Princebeinga 
 r/j/n^!9^*  Granger,  proceeds  againfl:  a  Tyrant  by  open  fore?,  or  fierceneffe,  orclieby  way  ol 
 the  Nether-  '  juftiqe.  True  it  is  that  a  valient  and  worthy  Prince,  having  the  Tyrant  in  his  power, 
 landtyAnd  the #t  ihall  gaine  more  honour  by  bringing  him  unto  his  tryall,to  chaitife  bim  as  a  murthef  ct 
 smdi/h  In-  c  a  inanqucller,  and  a  robber;  rather  than  to  ufe  the  Law  of  Arnica  againft  fttmvWherc- 
 telligenccr,    c  forc  ^c  Us  rcfoIve  on  this,  that  it  is  lawfuli  for  any  ftranger  (Prince )  to  fell  a  Tyrunt, 
 
 *  that  is  to  (ay,  a  man  of  all  men  infamed,  and  notorious  for  the  bppreffion,  murder, 
 
 *  and  (laughter  of  his  fubjeds  and  people.  And  in  this  fort,  our  *  Queen*  Elizabeth 
 ayded  the  Low-Countries  againft  the  .Tyrannie and  oppreffions  oftito-King  of:  Sp/Uve^ 
 and  tkcKing-ot  Sweden  of  late  yeares  the  Princes  of  German}  agpititk,  the  Tyranny  and 
 ufurpations  of  the  Emperor,  upon  their  foliicitation,  If  then  it  bc'thUS'tewfall  for 
 Subjf c3:s  to  call  in  forraignc  Princes  to  reiseve  them  againft  the  Tyrannie  and  opprefe 
 
 *Mit.V.ar.     fions  of  their  kings  (as  the  Barons  in  *  King  Johns  time  prayed  in  aydefrom  Philff 
 
 HovzT speed  andZwarof  France  againft  his  tyrannic)  and  thofe  Princes  in  fuch  cafes,  may  juftty 
 
 miifb*  Fab/  kill,  depoie, or  judicially  condemnc  theie  opprcfling  Kings  and  put  them  to  death* 
 
 Graft.  Vanieli  conceive  the fe  whole  kingdomes  and  Parliaments  may  with  farrc  better  reafonj 
 
 in  his  life,..     \^  dange^and  greater  fafety  to  themfclvs, their  Kings  and  Realmcs  take  up  defenfivt 
 
 Armes  of  their  owne  to  repulfe  their  violence.  For  if  they  may  lawfully  helpe  them- 
 
 f elves  and  vindicate  their  Liberties  from  their  Kings  encroachments'  by  the  affiftance 
 
 and  Armes  of  forraignc  Princes  who  have  no  relation  to  them,  nor  particular  intcref 
 
 in  the  differences  be  twcerif  their  kiogsand  them,  which  can  hardly  be  effe&ed  with 
 
 outfub/efting  tiie&ilelves  tea  forraigne  power;  the  death  or  depofeion  of  the  opprcS 
 
 TntwHtf.  ^g^ing  :  macn  morepaxthcy^icTcndandrclecve.themfelves  againft  him  by  theii 
 
 ofthe  calling  owhe'domcilickc  Forces,  if  they  beable,by  gcncrall confent  of  the  Realme;  becaufi 
 
 in  the  turtie  they  have  a  particular  intereft  and  ingagemens  to  defend  their  ownc  perfons,  eftates 
 
 into  Gr&ti'  liberties, which  foreigners  want;andby.fuch  domefticke  Forces  may  prevent  a  for- 
 
 &S^Jof     raigae  fubjo^tion,  preferve  the  life  of  the  oppreffing  Prince,  and  fucceffion  of  tin 
 
 the  5^f^lef  Crowne  in  the  hereditary  line*  which  *  forraigne  Armies  moft commonly  endapger 
 
 oiling  in  the  And  ccrtaincly  it  is  all  one  in  point  of  Rcafon9  State,  Law,  Confciencc,  for  Sub/eft 
 
 ■Saxonswhich  to  relieve  themfelves,  and  make  adefenfive  warre  againft  their  Soveraigne  6y  for. 
 
 'ffpyed  tkcic  rajgnc  princcs  Armcs,  aarby  their  o wne :  andif  the  firft  be  juft  and  lawful!,  as  all  mcr 
 
 X™£C  C°°"  5Qi*5raUy  8raili withpatcoatqdiaion  j  aad  Brathn tol.a.c.l^,  I  feetio cojibur  bin 
 
 """r*"""  ~"~~   thi 
 
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 c 
 
 i 
 
 D 
 
 h 
 
fVarrey  both  in  Pom  of  Law  y  and  ConfottFicc.  2  3 
 
 the  latter  mud  bec  /aft  and  lawful!  too,  yea  then  the  firft  rather,  bcuuiclcffc  dan- 
 gerous, lefle  inconvenient  to  King  and  Kingdom. c. 
 
 From  Reafons  ,  I  (lull  next  [proceed  to  puncltiall  Authorities.  Not  to  mention 
 curancicnt  u  Brittons  taking  up  of  armes  by  joint  confent,  againlt  their  cppre{'     iCc&t.ub. 
 
 fing,  tyrannizing  Kings  A'chigallo,  Bmtris*,  and  Vortigcm,  whom  they  both  ffc*  ; 
 
 cruelties  and  oppreflions  ;    which  actions  the  Whole  Kingdomc  then,  ard  thoic i01nUnfis>VQ* 
 Hiftonans  who  recorded  them  fmce,  rtputed  jttft  md  honourable ,  and  no  Trezfo^jcbror.icon, 
 nor  RtbtUvn  in  Law  or  Confcience,  being  for  the  Kingdomes  neccflary  prefcrva-  f abUn, Cax- • 
 tionjand  the  peoples  juft  defence;  which  Hiftories  1  have  cllew  here  more  large-  t0'i^GraU^'3> 
 \y  related.  Nor  yet  to  infilt  long  on  the  fore-mentioned  Barons  wane ,  againft  lung  $°  5and  0* 
 Zohn^ndHenythe  3d.  for  regaining, cftablifhing,  preierving  Mag**  £%*  t*.,  and  therVinihefc 
 other  Liberties  of  the  Ilcalmc,  which  our  Kings  had  almoft  utterly  deprived  thcmftvuai' 
 jff  5  I  fhall  onely  give  you  fome  few  bricfe  obfervations  touching  thefc  warrcs,  to 
 rlcarcthem  from  thofe  blackc  afperfions  of  Re billion ,Tre a fen -and  the  like,  which 
 bmc  late  HifTorians  (especially  hhn  Speed)  to  flatter  thole-Kings  to  whom  they 
 Dedicated  their  Hi'lories,  havecaft'upon  them,  contrary  to  the  judgement  of  our 
 mrienter  Chonklcrs,  and  Matthew  Paris  ^  who  generally  repute  them  lawfull  and 
 lonourablc, 
 
 Virft  then  confider,  what  opinion  the  Prelates,  Barons,  and  Kingdome  in  general!,  iMatth.l 
 i«dof  rhefe  Warrcsat  firft,  '  Anno  1414.  in  a  Parliament  held  at  Pauls  the  16.  ftifl,  Arg\.?* 
 ^eareof  Kinglobxs  raigr*,  Steven  Lamjon  Archbifhob  of  Carter bnrr,  produced  1^tol^°» 
 .  Charter  of  King  Ho.rj  the  Firft,  whereby  he  granted  the  Ancient  Liberties  of  tfo  q9.^    ' 
 Ktngdome  of  SngUnd  (which had  by  his  Predecejfors  beene  opprejfrd  w-:th  u-j*ft  ex-t-  ±  [^j^'f 
 v1ions%  tccording  to  the  Lanusof  King  Edward,  with  thofe  emendations ,  which  his  Fa.  an  J  Daniel, 
 \her%bjthe  conn  fell  of  his  Barons,  titdratifei  wbicrrCbartcr  being  rea^  before  the  F-  *4°   x4^'  • 
 ,  iarons,  they  much  tejoyced  ;   an  i  fa  ore  t»  the  pre  fence  of  the  Archhif^p r;  ;  ihnt/tfr  I4*-I43». 
 Ihefe  Libert:^  /• eyrronUfrj '  need  required,  fpcjtd  their  blood:  which  being  openly 
 rone  in  Parliamcar,they  would  never  have  taken  fuch  a  pablike  fclemne  Oath,  had 
 ►  •icy  deemed  a  Warre  againfi  the  King/or  rccovery,or  defence  of  theft  their  Liberties 
 j  nlawrall,andnoFeffcthcn  Treafon  and  Re belli on  in  point  of  Lav/  or  Conference. 
 foer  this  the  Barons  aflfem!;lfr> g  at  Saint  Edmotidjlxrj,  conferred  about  the  did  Char- 
 
 and  fworeupon  the  high  Altar,  That  if  King  Iohn  refufeit*  con  fir  me  and  reflore 
 
 'b  m  thofe  Liberties  (the  T{igbts  of  the  Kingdom*)  they  mould  make  Warre  up 
 \\vtyani  withdraw thcmfcfri s  from  his  Allegiance ,  until  I he  had  ratified  them  ell  iv  th 
 '-arter  utter  his'gent  SeaU.   And  further  agreed,  after  Chruimas  to  Petition 
 
 for  the  fame",  and  in  thsmeane  tirrit  tcrprbvid*  themfilves  of  Hor  fe  and  f  crniturc' 
 ^>tfc  ready,  if  the  King  (houldilart  from "his  :03th  made  at  H'ir.J'fifter,  at  the  time  0? 
 \  s  absolution,  for  confirmation  of  thefe  Libcrtics^nd  compeR  him  to  fatisfie  their  de- 
 
 idi  ^ffter  Chriflmas  they  repaired  a  Military  manner  to  the  Kirig,  lying  in  the 
 j:w  Temple,  urging  their  defires  with  great  vehemencie  :  the  King  feeing  their 
 
 Intion  and  incHnation  ro  Warre,  made  anfwer  ,  Tlxtt  for  the  rhattrt  they  nfaii 
 j.^,  be  would take,csnfijcr.;tie>;  till  after  E>-fternexty  In  the  meanCtime,  het6oke"up- 
 
 iaaifhcCro^  rather  through  feare,  then  devotion,  fappofing  hfanfclfe  to>tce 
 
 flwre  : 
 
24  The  Larvfulrxjfe  of 'the  Parliaments  necejfary  Defcnfivt 
 
 more  fate  under  that  Protection  :  And  to  (hew  his  del perate  malice  and  wilfulncflc 
 (who  rather  then  not  to  have  an  ibfolutc  domination  over  his  people,  to  doc  what 
 he  lifted,  would  be  any  thing  himfelfe  under  any  other  that  would  but  fupport  him 
 in  his  violences,)  he  fentan  Embaflagc  (the  moft  bafe  and  impious  that  ever  yet 
 was  fbnt  by  any  free  and  Chriflian  Prince  )  unto  Miramumalim  the  Moore,  intituled 
 the  great  King  of  A \ffrica,  Morocco,  and  Spaine ;  wherein  he  offered  to  render  un- 
 tj  him  his  Kingdomc,  and  to  hold  the  fame  by  tribute  from  him  as  his  Sovcraignc 
 Lord;  toforgoctbc  Chrifiian  Faith,  as  vainc,and  to  receive  that  of  Mahomet^  im-1 
 ploying  Thomas  Hardington  and  Ralph  Fitz-Nitholas,  Knights,  and  Robert  of  Lon*  I 
 s&AfClerkc,  Commiflioncrs  in  this  negotiation  $  whole  manner  of  acceflc  to  this 
 great  King,  with  the  delivery  of  their  Meflagc,  and  King  Johns  Charter  to  that  cf- 
 fecl:,arc  at  large  recited  in  Matbew  Tori/,  who  heard  the  whole  relation  from  ^#1 
 &r*oncoftheCommiffioners,  Miramumahmhwing  heard  at  large  their  Meflagc, I 
 and  the  Dcfcriptton  of  the  King  and  Kingdome,  (governed  by  an  annointcd  anc|| 
 Crowned  King,  knowne  of  old  to  be  free  and  ingenuous  $  ad  nullius^  prater qaan, 
 DeifpeBans  domfoationem)with  the  nature  and  difpofition  of  the  people,fo  much  dif 
 dainedthebaleneffc  and  impiety  of  the  Offerer,  that  fetching  a  deepc  figh  from  hi: 
 'heart,  heanfvvered,  I  have  never  read  nor  heard,  of  any  King  poflcfling  fo  pro 
 'Jperous  a  Kingdome,  fubjed  and  obedient  to  him,  who  would  thns  Willingly  ruirn 
 '  his  Principality,  as  of  free  to  make  it  tributary,  of  hisownc  to  make  it  anothcrs,  o 
 
 •  happy  to  make  it  mifcrable,  and  to  fubrait  himfclf  to  anothcrs  pleafure^s  one  conquc 
 '  red  without  a  wound.  But  1  have  heard  and  read  of  many,  who  with  effufion  an< 
 c  lode  of  much  blood  ("which  was  laudable,)  have  procured  liberty  tothemfclvcs ;  w\ 
 '  do  antem  an  Ho,  qaodDeminw  vefter  mifer^  defis  &  imbellis,  qui  nullo  nulls  or  eft9  de  lt\ 
 4  hero  fervw  fieri  defidsr at, qui omnium  mortaliummiferrimHiefk.  After  which  he  (aid |! 
 
 *  That  the  King  was  unmrthy of  his  Confederacie ;  and  looking  on  the  two  Knight 
 'with  a  fterne  countenance,  hs  comnanded  them  to  depart  infiantlj  out  of  his  prefena 
 
 and  to  fee  his  face  no  more  ;  whereupon  they  departing  with  fhamc ;  bee  charge 
 Robert  the  Clerkc,  to  informs  him  tritely  what  manner  of  perfon  King  John  was  ?  wb  I 
 replied,  *  That  he  was  rather  a  Tyrant  then  a  King ;  rather  a  Subverter  then  a  Gova I:'9 
 « nour ;  a  Subvcrter  of  his  ownc  Subjeds,  and  a  Fofterer  of  Strangers ;  a  Lyon  1 1 
 fihis  ownc  Subject,  a  Lambe  to  Aliens  and  Rebels;  who  by  his  floathfulncfllf 
 'had  loft  theDutchyof  jVVzwWy,  and  many  other  Lands,  and  moreover thirftclpk 
 *  to  iofe  and  deftroy  the  Kingdome  of  England  :  Anunfatiablc  Extortioner  of  mc|f0K 
 «ney  ;  an  invader  and  deftroyer  of  the  pofleilions  of  his  naturall  people,  &c.  Whc  I 
 tWirAmtmriim  heard  this,he<»0*  onely  dej)ifcd>as  atfirft%but  dcteftedatdaccwfedhinWi 
 and  [aid  i  c  Why  doc  the  miferable  Englifb  permit  fuch  a  one  to  raigne  and  doml^" 
 '  necr  over  them  t  Truely,  they  arc  effemiuate  and  flaviih :    To  which  Robert  anfw  lVlc? 
 red*  ^xhcEnglifh  are  the  moft  patient  of  all  men,  untill  they  arc  offended  and  danl^ 
 c  nified  beyond  meatirc.  But  now  they  arc  angry,  like  a  Lion  or  Elephant,  when  ll^ 
 ^perceives  himfelfe  hurt  or  bloody;  and  though  late,  they  purpofc  and  endeavour  ifr{* 
 '  fhakc  the  yoakc  of  the  Opprcffor  from  their  necks  which  lie  under  it  :  WhcrcupcB^ « 
 fa  reprehended  tht  overmuch  patience  ani  fearefulnejfe  cf  the  Enplifb ;  and  difmiflfi  I 
 thefc  Mcffengcrsj  whorcturning,  and  relating  his >  AnfwertoKing  John,  he  was  e.  I 
 ce:ding  forro  wfull,and  in  much  bitterneffc  of  Spirit,  that  he  was  thus  contemned  at  I 
 difapomted  of  his  purpafe.   Yet  perfifting  in  his  preconceived  wicked  defigne  J 
 
 ruifl 
 
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Warre  %  both  in  Point  of  Law,  and  Confcicnce.  2  5 
 
 ruine  hi*  Kingdomc  and  people,  and  h~u. .gall  the  Mobility  2nd  Gmtry  ofr  England, 
 with  a  viperous  Venom,  he  lets  uponanothcr  couric  ;  and  knowing  *  Pcpcfwm*    *  A     rrue. 
 cent  to  b:  the  mofi  ambitious t!r&Hdta*idc9 Let otu  of  all  mtn,  a  ho  by gifts  and  \rvmifet  Chancer  o( 
 would  be  Wrought  upo>y  tu  all  any  vic^^'nefe  :  Thereupon  he  hafhly  difpatchcthmcU  al>0Pc« 
 fengers  Co  him  with  great  fummesot  Money,  and  a  rc-afluranccor  Ins  tributary  Sub- 
 jedion,(  which  fhortly  after  he  confirmed  by  a  new  Oath  and  Chartcr,)to  procure  him 
 to  Excommunicate  the  Archbif»np°f  Canterbury  and  the  Barons, u horn  he  had  for* 
 merly  favoured  ;  which  things  he  greedily  dcfired  that  he  might  wreck*  his  tralice  on 
 them  by  Dif  Met  iting,  Imprifoning,  and  Spoil,  ng  them  being  Excemmumcated :  Which 
 things  when  he  had  wickedly  plotted,  he  more  wkkcdly  executed  afterwards.  In 
 the meanc  time,  the  Barons  forciceing  that  nothing  was  to  be  obtained  but  by  flrong 
 hand,aflcmblc  an  Army  at  Stamford,  wherein  were faid  to  be  two  ihoufand  Knights^ 
 pdidcs  tfquircs,  and  marched  from  thence  towards  Oxford,  where  the  King  expo- 
 sed their  comming  to  anfwer  their  demands.  And  being  come  to  Bradley  with  their 
 Army, the  King  fends  the  Earicof  Pembroke  Martfcall,  and  the  Archbifhop  oft^an- 
 erbury,  with  others,  to  demand  or  them,  what  were  tbofe  Law?s  and  Liberties  they  re* 
 iMtrcd  f  to  whom  they  flic  wed  a  Schedule  of  them,  which  the  CommifTioners  del- 
 ivered to  the  King  :  who  having  heard  them  read,  in  great  indignation  asked  ;  why 
 \bi  Barons  did  not  likewife  demand  the  Kingdom*  f  and  fwore  he  Would  never  ±rd  u  tbofe 
 inicles,  whereby  himfelfe  foould  be  made  a  Servant.  So  har  fh  a  thing  is  it  to  a  power, 
 hat  is  once  gotten  out  into  the  widclibertie  01  his  will,  to  hearc  againc  of  any  redu- 
 ing  within  his  Circle.  Vpon  this  anfwer,  the  Barons  refolve  tofeize  the  Kings  Ca- 
 pes ;  constitute  Robert  Fit*.-  waiter  their  Generall,  cntituling  him,  Marifcall  of  the 
 i'tXMr  of  GOD,    a*dof  HOLT  (fHVRCH:  A  Title  they  would  nc- 
 j-er  have  given  their  Generall,  or  Army  ,  bad  they  deemed  this  Warre  unlawful! 
 ,i  Law  or  Conference.  After  which  they  tookc  divers  of  the  Kings  Caftles.  and  arc  ad- 
 mitted into  London  j  where  thnr  number  daily  increafing,  they  make  this  Protefta- 
 :on;  Niverto give  over  the  p'ofecution   of  their  dtfre,  till  th<y  had  conflrsined  the 
 lng(whom  the)  held  perjured)  to  grant  them  thtir  Rights.     Which  qucfticnldle, 
 |iey  would  not  have  done,  had  they  not  bclccvcd  this  Warre  to  bejuft  and  law  full. 
 'ing  Iohn  feeing  himfelfeinam  -nner  oeyier^llyfoYfaJ^n  of  afl  his  people^  a  id  Nobles , 
 avingfczrc:  7.  Knigh  s  faithfuB  to  him  (another  itrong  argument,  that  the  peo- 
 (le  and  Ktngdome  generally  apprehended,  this  taking  up  armes  againll  the  King 
 j  regainc,  to  prefervc  their  hereditary  Rightsani  Lib:rties,  to  be  lawfully  countcr- 
 :its  the  Sealcsoi  thcBiihops,  and  writes  in  their  Names  to  all  Nations,  7h.it  the 
 fnglifi  were  all  isfpyfta'es,  and  whofoevr  would  come  :o  invAcle  them  ,  hee,  by  the 
 opes  confent>  would  enferre  upon  them  nil  their  Lands  and  Bo^ojfio  s.     But  this  de- 
 icc  working  no  eftjd,  in  regard  they  give  no  credit  toir,    ana  round  it  appmntly 
 .lie;    the  King  feeing  himfclfc  defertcd  of  all,  and  that  thofc  of  the  B irons  part 
 'Crc  innumerable,  (enmtota  Angha  NeHlita*  in  unam  colic  tla%  quafi  fi>b  numtrj 
 f*  cidebst, ,  writes  Math.w  Tars  ,   another  argument  of  the  juttice  of  this  caufe 
 jfd  warre,  in  thcirbclicfes  and  confeiences  •   a:  lall  condefcaidcd  to  grant  and  con- 
 mc  their  Liberties,  which  he  did  at  Running- Meade,  in  fuch  fort  a>  I  have  former* 
 ,   related.  And  though  the  Pope  afterwards  for  his  own:  private  ends  andintcreft, 
 {  oribed  by  King  Ub*y  wk)  rcligned  his  Kingdom:  to  him,  and  becane  his  ValTaU, 
 ,|  ithouthis  peoples  coflfent,  which  rcfignation  was  judged  voidc  J  excommunicated 
 
 D  th* 
 
2  6  7  he  Larvfulneffe  of  the  Parliaments  necejfary  Defenfive 
 
 the  Barons  withall their  aflifhnce ;  Qui  lohatnemillufnm  Return  Anglorum  Cruu 
 fignatum.ET   VASALLVM  RO  MANUAL    E  C  C  LE  S I  tAL  (an  ho-  f 
 nourabie  Title  indeed  for  a  King )  perfquuntxr,  molientesei  Regnum  auferre  (which  [ 
 th's  Pope  him  felfe  did  but  fewyeares  before,  giving  bis  Grown  and  Kmgdcmc  i 
 felfe  Do  King  Phillip  of  France,  which  to  fave,  hefordidly  rcfignedupto  the  Pope, 
 quod ad  RottAnam  Ecclefam  dignofcitur  per there.   Yet  this  Excommunication  th 
 procured  by  bribery,  proceeding  not  ©uc  of  Confcience  to  preferve  the  Kings  d 
 'f^'dV^   Ri»nts*  but  fclfc-rcfpscls  to  lupport  the  Popes  ufurped  intereft  and  Title  to  t 
 -  7,i    '^  Realme;  and  being  a  wicked  plot  of  the  King,  more  wickedly  executed  by  t._ 
 Pope,  (who as  Matthew  Pari*  wiites,  was  Al*     OMNIA    SCE LET^A 
 pre prtmijs  datu  vtl  promt ffis  cerem & proclivis )  and  the  '  London  rs,  Barons,  with 
 '  divers  Prelates  then  contemning  it,  as  pronounced  upon  falfe  iuggeftions,  and  cfpeci' 
 '  ally  for  this  caufe,  that  the  ordering  of  temporall  affaires  belonged  not  to  the  Pope>  j 
 CumTetro  Apoflolo  &  ejut  Sftccefloribm  non  nifi  Ecclefiaflicarnm  dijpofitio  return  a 
 Domino  fc  coUata  poteftas.    And  ufing  like  wife  thefc  memorable  Speeches  in  thoft 
 blind  daiesagainftthe  Pope  and  his  ufurped  Supremacy ,with  liberty.  Vt  qnidadnoi 
 fe  extendit  Romaneruminfatiata  cupiditas  ?  gnid  Epifcopis  sApr  ft  elicit  &  MilttU 
 no^rs,  I  Ecce  fuccejfires Confrantini  &  wn  Petri,  nonimitantnr  Pnrttm  tn  mentis 
 vd  operates  ;  nee  affimulandi  fmt  in  Potefttte.   Troh  pudorf  marcidi  ribaldi,  qnid, 
 mmii  vel  li'eralitate  minime  nornnt ,  yam    toti  mundo  propter    excomvtinicatione. 
 fuas  volunt  dominari ;  ignobdes  ufurarij  &  Simmiabs.  O  quantum  dijjlmu  'es  Petro 
 qui  Jibi  Petri  ufntpan partem  f&c.  I  conceive  this  Excommunication  rather  jufti 
 ti-s  then  cfifprovesthelawfulneiTe  of  this  their  taking  up  of  armes,  and  the  warn 
 infuing  it  being  but  for  their  ownejuft  defence,  when  the  King  afterwards  with  fire 
 fword,  and  bloody  barbarous  Forraigne  Forces  wafted  his  Rcalmc  in  a  moft  inbo 
 mane,tyrannicall  mmvc,Fattui  de  Rege  Tyr  annus  ;  imv  i*  beftiale.n  prortsmpens  feritaW 
 tem.&c.  which  ncceflitatcd  the  Barons  for  their  own  prefcrvation  and  the  Kingdom |W 
 (devoted  by  this  unnaturall  Prince  to  Vaffallage  and  utter  defoiation  )  to  elcc'Jr 
 Lew*  of  France  for  their  King  :  Who,  together  v^ith  the  3?eeres  and  Eftatcs  c 
 JFra?«,-affernbled  at  Lions  concerning  this  Election  5  refolved  it  to  bejnft  and  law 
 full)   and  the  Barons  Defenfive  Warres  agaivft ,   and  rejellkn  of  King  Ichn  fo 
 hit  Tyranny  aid  oppreffions,  to  be  jufi  ani  honourable,  fince  they  did  but  flee  to  the] 
 extraordinary  remedies,  ard  Jeekg  for  j  aft  ice  abroad,  when  they  were  denied  it  by  hn 
 that  ftjou'd give  it  them  in  a*  or  inar/  w*y  fit  home%  chofing  a  King,  in  place  of 
 *Hif>  AntK^rant^  asm  ^^attheiv  Par-sy  with  the  n  generaJl  Hifiory  of  France  (written  b 
 pag.i?o.i7ifvhn  de  $vrres,Anl  Englifhed  by  Edward  CJrim^o^)  m  re  largely  manifeft, 
 «  Fo£,yi  n.       Secondly,  the  La  wfulacffe  and  j  aftneflc  of  the  Borons  Warres  in  Defence  of  M& 
 ila»  ra£hart*>  with  other  their  Hereditary  Rights  and  Liberties,  appeares  moft  evidcrj 
 
 ly,  by  the  rcfolution  of  aU  chofe  Parliamsn'S  (ummoncd  by  King  Henry  the  3  d.  E 
 ■v.rd  the  1  °.    2.  3 .  Richard the  2d.  and  other  our  ibeceeding  Kings  5  v/hich  have  m 
 0  Seepirt  1.  pty  times,  even  by  °  force  of  Armes,  or  Menaces  y  and  fometimes  by  faire  term< 
 f. i^»o.*.  '  caufed  the'e  Kings  by  new  Acls  of  Parliament  to  rarifie  Ma^na  Chma,  the  &m 
 ter  of  the  Foreft,  ^vith  other   Fundamental!  Librrtfes ,  thus  forcibly  extorted  fro 
 King  hhn  at  flrft  ;  and  con  [trained  them  to  confirms  hem  whhtht  %r  Oathes,  and  [ohm 
 f  Co*pm>     pxblicke?  Excommunications,  to  bepxblifiedby  tht  Bijhops  in  their  Diocese  twi:ce% 
 C'hsnaruTn.  ry  yfAre :  oft  foicawly  vovvtng,  and  proceftins,  both  in  and  out  of  Parliament  to* 
 
IVarre,  hath  in  Point  of  Law,  &nd  Con [cit nee.  2j 
 
 Tend  tke[e  Larre* and  Liberties,  with  thare fates,  armes,  lives y  klo^d ;  winch  t  hi  tr  aa- 
 •4 tier shad  j  uy -chafed with  their  blood ;  as  I  have  manifefted  in  the  two  n't  ft  psrfs  of  rhi9 
 J)ifcourfc  :  All  which  they  would  no  doubt  have  forborne,  had  they  deemed  it  high 
 rrcafon  or  Rebellion  in  point  of  Law,  ta  take  up  armes  againil  their  Kings  in  defence 
 ft  thefc  Lawcs  and  Privileges ;  neither  would  our  Kings  and  Parliaments  in  times  or 
 'cacc.have  (o  frequently  confirmed  thefc  Lawes  and  Immunities,  as  juft  and  necefla- 
 y  for  the  peoples  welfare ,  had  they  reputed  their  former  purchafes  and  confirmati- 
 >ns  by  warre  and  armes,  no  leflcthen  Trcafon,or  Rebellion.  And  if  it  were  neither 
 Trcafon  nor  Rebellion  in  the  judgements  of  our  Anccftors  and  thofc  Parliaments 
 vhich  procured,  and  ratified  CMagnaCharta,  to  take  up  armes  in  defence  thereof ; 
 nuchlcfTc  can  it  be  Trcafon  or  Rebellion  in  the  Parliament  and  Subjects  now  (by 
 ^otcs,  by  Ordinances  of  both  Houfes)  with  force  of  armes  to  prefervc,not  only  thefc 
 par  hereditaria  Charters,  Lawcs,  Privilcdges^but  their  very  Lives,  Eliatcs  j  yea,  the 
 .  rivilegcs  and  being  of  Parliaments  thcmfclves,whkh  are  now  invadcdjcndangered. 
 What  opinion  the  world  had  of  the  lawfulnelTe  of  moft  of  the  Barons  Warres  in 
 Zing  Henry  the  3**.  his  llaigne,againft  this  troublcfomc  perfidious  King,  in  defence 
 f  their  Lawes,  Liberties,  Eftatcs,  appcarcs  firff ,  by  the  Dialogue  bctwecne  AgneU 
 *,a  Frier  minorite,onc  of  King  Henry  his  Counfell,  ( purpofcly  icnt  to  the  Earle 
 \iarfhall,  then  in  armes  againft:  the  King)  and  this  Msrtiall  Earle,  in  the  Abbey  of 
 Morgan.  Anno  \ii$.  I  will  firft  relate  the  true  Rate  of  that  Warre,  and  then  their  q  Math.Paru 
 )ialoguc  concerning  it :  ^  King  Henry  by  the  ill  council  of  Peter  Bifhop  of  Win- m/l.?. 171.  to 
 lifter,  removed  all  his  Englifh  Officers,  Counfellors,  and  Servants  from  his  Court,  }*%i*nkl% 
 id  put  Poittovinest  and  Forraigners  in  their  places,  being  ruled  wholly  by  them;  J*1**-1.**' 
 7ithall  he  puts  the  Englifh  Garifons  out  of  all  his  Caftles^and  fubftitutcs  Forraigners  £j£?*Yij 
 1  thcm,which  dayly  arived  both  with  Horfe  and  armes  in  great  multitudes,and  much  Matth/ireffi 
 ipprcfled  the  people,  calling  them  Traitors;  fotrfat  the  power  and  wealth  of  the^«wo  »*i$.* 
 t.calmc  was  wholly  under  their  Command.  The  Earle  Marfhall  feeing  the  Noble 
 f  id  Ignoblcthus  opprcflcd,and  the  rights  of  the  Kingdome  like  utterly  to  be  loftjpro- 
 1 3kcd  with  a  zcale  of  Iufticc,  affociating  to  himfclfe  other  Noble  men , goes  boldly  to 
 pie  King,  reproves  him  in  the  hearing  of  many,  •  For  calling  in  thofc  PolUovines,  by 
 ':vill  Counfell,  to  the  oppreiTion  of  the  Kingdome,  and  of  his  naturall  *Sub  jeers, 
 md  like  wife  of  Lawcs  and  Liberies;  Humbly  befcechingkim,  haftily  to  corrcd  thefc 
 pcxecfles,  which  threatned  the  imminent  fubverfion  both  of  His  Crow ne  and  King- 
 dome,   which  if  he  refufedtodoc,  he  and  the  other  Nobles  of  the  Real  me,  would 
 Withdraw  themfclves  from  his  Counfell,  as  long  as  he  harboured  thofe  Strangers.  To 
 i  hich  Peter  of  IVinchefter  rcplyed  :  That  the  King  might  lawfully  c*U  in  -n  h.u  fir  an- 
 ^rs  he  would,  for  the  Defence  cf  his  Kingdome  and  Crowne,  avd  likewifefo  many ,  and 
 jch,  as  might  compeU  his  proud  and  rebellion  Subjecls  t9  due  Obedience.    Whcre- 
 ^on  the  Earle  Marllull and  other  Nobles,  departing  difcontentcd  from  the  Court, 
 rocn  they  could  gctno  other  anfwer,  promifed  firmcly  one  to  another  5  That  for 
 ^ucamfe*  hich  concerned  them  all,  they  would manfully  fight,  evn  to  the  feparation  of 
 ^nle  and  Body.    After  which,  they  feeing  more  Strangers  arrive  with  Horfe  and 
 ;mes  every  day,  fent  word  to  the  King;  That  he  e  Jhou  Id  forthwith  remove  Bi- 
 wrp  Peter,  and  all  his  Strangers  fom  hi*  Court,  which  if  he  refufed,  they  all  would 
 *T    THE  COMMON  CONSENT    OF  THE  WHO LE    REALM 
 pvebim,  with  his  nicked  Cofinfellon^s,  qnt  of  the  Realm? }  and  con  fit  of  chafing  then* 
 
 D  z  anen 
 
I 
 
 1 8  The  Lawfulnejfe  eft  be  Parliaments  veceffary  Defenfive 
 
 a  new  Kinr.    After  thefe,  and  iomc  other  like  pafiages,  the  Kmg  rayfing  an  Army^ 
 bciiegeth  one  or  the  Earles  Caftles  ;  and  not  being  able  to  winne  ic,  and  a&arned  to 
 raifc  hisSeigc  without  gaining  it,  he  fenc  certaine  Bifhopstothe  Earlc,  andreqqe- 
 ftedhim  •  thatfincchc  had  bjfieged  his  Caftle,  and  hee  could  not  with  Honour 
 drpart  without  winning  it,  which  he  could  not  doc  by  force,  that  the  Earlc  to  (avc 
 his  Honour  would  caufc  it  to  be  furrended  to  him,  upon  this  condition,  That  h* 
 tvonli  refi ore  it  certminelj  to  him  mthin-  i  f,  dajes  ,  andthat  bj  advifecfthe Bijlop, 
 hi  would  amend  1 11  thing!  amjfe  in  his  Kinodems  ;  for  performance  of  which  the  Bt- 
 (hops  became  his  Pledges,  and  the  King  appointed  a  meeting  at  Wefiminfierr  on  a  f< 
 day  bet weene  Him  and  the  Lords:  whereupon  the  Earlc  (urrendrcd  the  Caftle  tot 
 King,  upon  Oath  made  by  tbeBiiliops  thatitftiouldbereftoredatthc  day.  But  t 
 King  refuting  to  deliver  the  Earlc  the  Cattle,  according  to  promife,  and  thrcatning  to 
 fiibdue  his  other  Caftles ;  the  Earlc  hereupon  raifcth  his  Forces,  winnes  his  CaitJe 
 againe,  routs  divers  of  the  Kings  Forraignc  Forces,  at  Gorfe».oniy  Monmcuth,  and 
 c  other  places ;  and  invaded  the  lands  of  his  Enemies,  Vpon  this  occasion,  Frier  e^- 
 
 *  ntUus  (ot  Lam'je)  acquaints  the  Earle,  what  the  King,  together  with  his  Couniell 
 'and  Court,  thought  of  his  proceedings;  to  wit,  that  the  Kingfaid,  he  had  proceeded 
 
 *  over  traiteroufly,  and  unjuftly  againft  him,  yet  he  was  willing  to  receive  him  into  fa- 
 
 *  vour,  if  he  would  wholly  fubmithimfelfe  to  his  mercy  ;  and  that  others  held  it  not 
 '  juft,  fafc,  and  profitable  for  him  to  doe  it ;  becaufe  he  had  done  wro»g  to  the  King; 
 '  in  that  before  the  King  had  invaded  his  Lands  or  Pcrfon,  heinvaded  and  deftroyed 
 sthe  Kings  Lands,  and  flew  his  men;  and  if  he  fliould  fay,  he  did  this  in  defence  oiP 
 
 *  his  body  and  inheritance  j  theyaniwered,  no,  becaufe  there  was  never  any  plot  aJ(ra 
 
 *  gainft  either  of  them ;  and  that  were  it  true,  yet  he  ought  not  thus  to  bwakc  fortH 
 'againft  the  King  his  Lo  d,  untill  hee  had  certaine  knowledge  ,  that  the  King  had! 
 '  fuch  intentions  againft  him  :    E-T   EX   TVNC    LICE  RET  TALlM 
 
 *  tsfT  TEMPT  ARE  •,  and  from  thenceforth  he  might  lawfully  attempt  fuch  thingsflGw 
 ^  (by  the  Courtiers  and  Fricfs  o  wnc  ConfciTions  i )  Vpon  which  the  Marfhiall  faid  itPW 
 4  Frier  Lambe :  Tothe  firft  they  fay,  that  Fought  to  fubmit  my  iclfe,  becaufe  I  havj^ 
 
 *  invaded  the  King  :  it  is  nottrue,  becaufe  the  King  himieife,  (though  I  have  bcene  cfp 
 4  ver ready  to  (tend  to  the  La  w  and  judgement  of  my  Pecres  in  his  Court,  and  havfta 
 
 *  ofc  times  re  qacfted  it  by  many  mcflengers  bctweenc  usr  which  he  alwaies  denied  1 1 
 
 *  grant,)  violently  entred  my  Land,  and  invaded  it  againft  all  jjftice  :  whom  hopin 
 *in  huaiilitytoplcaicl  freely  entred  into  a  forme  of  peace  with  him,  which  ws 
 
 *  very  prejudicial!  to  me:  wherein  he  granted,  that  if  on  his  part  alhhing$wcren< 
 
 *  punctually  performed  to  ward  me,  I. (hould.be  in  my  priftine  (late  before  that  peac 
 
 ml 
 
 1  ME,   According  to  my  agreement,  to  recover   what  was  mine  ownej  and  ! 
 
 *  debilitate  his  power  by  all  meanes ;  cfpecially  feeing  he  endeavoured  my  defhu&ioi 
 '  dif  inheritance,  and  feiztng  of  my  Body,  of  which  I  have  certaine  intelligence,  ai 
 
 *  amablcto  prove  it  if  nccdebcc  And  which  is  more,  after  the  j  5;.  daics  truce,  -befofl  H'ob 
 ,4I  entred  Wales*  or  made  any.  defence,  he  deprived  me  of  the  Office  of  Marfhaflttlt 
 f  ^without  judgement,  which  belongs  to  roe,  and  I  have  enjoyed  by  Inheritance,  n< 
 ^ther,wpuidiicb,y;aay.incanc3  reftore.KW^o  iU  though  required, .  WhcnccXrw 
 
IVarrC)  both  in  Foint  of  Larv,  and  Cenfcicncc.  2P 
 
 — m 
 
 laindy  learned,  that  he  will  keepe  no  peace  with  me,  feeing  fince  the  Peace  hecc 
 jandlesme  worfc  then  be  fore.  Whcrtby  I  etafed  to  bet  his  Subyll,  find  trot  ab[ctvedc 
 rem  his  homage  by  him.  ll'l.ertjo-c  it  no*,  and  is  lanjnll  for  rre  to  defead  my  Jelfe,* 
 md  to  irithftand  ih'  ma/isc  oj  h:s  (^ounfellors  by  ad  m:anes.  And  whereas  the  \ 
 tings  Counicllors  fay ,  it  is  profitable  for  me  to  fubmk  to  the  Kings  mercy ,  becaufc  he  c 
 s  more  rich  and  piwcrfull  then  I  am.  It  is  true,  the  King  is  richer  and  more  potent  * 
 hen  I,  but  yet  he  is  not  more  powcrfull  then  God,  who  is  luflicc  it  fclfe,  in  u  horn  ■ 
 trull,  in  the  confirmation  and  profecution  of  my  right,  and  of  the  Kingdomcs.  And  ■ 
 vh:rcas  they  fay,  the  King  can  bring  in  Strangers  of  his  kinrcd,who  are  neither' 
 |f#fr9oor  French,  nor  Welfi^  who  (hall  make  all  his  foes  his  Foo:-{toolc,andcomcin  * 
 jch  multitudes,  as  they  fhall  cover  the  fa c:  of  the  earth,  and  that  he  can  raifefeven  c 
 jicn  to  my  one:  I  neither  trufl  in  Strangers,  nor  defiro  their  confederacies 
 jorwill  I  invoke  their  aide,  Vnl-Jfe,  which  God  forbid,  inopinata  &  tmrnuabi/i- 
 itro  corrpxljns  nsceffi  ate  ;  I  (hall  be  compelled  by  a  fudden  and  immutable  nc-  \ 
 rffity  ;  and  1  bclecve  by  his  Counfclls  ill  advife  he  will  quickly  bring  in  fuch  mul»< 
 ;itudcsof  Strang:rs,  thathc  will  not  be  able  to  free  the  Kingdome  of  ihcmagainc;  « 
 or  I  have  learned  from  credible  men,  that  the  Bifliop  of  Winchefter  is  bound  to  * 
 JC  Emperour,thathe  will  make  the  Kingdome  of  England  fubject  to  him;  which* 
 iod  in  his  providence  avert*  And  whereas  they  (ay,  That  I  may  confide  in  the  King' 
 idhis  Counfcll,  becaufe  the  King  is  mercifull,  credible,  &c.  It  may  well  be  that  the « 
 ingis  mercirutl;  buthcisfcduccdbcthcCounfcUof  thofc,  by  whomwefcele  our* 
 :lvei  much  hurt;  and  he  is  Noble  and  credible  (whom  God  long  prefcrve  fo)as « 
 jiuch  as  in  him  lies  ;  but  as  for  hisCounfcll,  I  fay,  that  no  one  promifemadc* 
 me,  was  ever  yet  kept,  and  they  have  violated  many  corporal!  Oathes  made  to  * 
 (ic,  and  the  Oathes  they  toeke  for  obferving  Magna  Charta>iox  which  they  re- « 
 jiainc  excommunicate  and  perjured.  Yea,  they  are  \  &  jured  concerning  the  faithfull * 
 bunfell  which  they  have  fwornc  to  %\wc  to  our  Lord  the  King,  when  as  they 
 ve  wilfully  given  him  the  Counfell  of  Achitepbel,  againft  jufticc  ;  and  corrup  ■ 
 I'd  the  fuftLawcs  they  lave  fwornc  to  keepe,  and  introduced  unufuall  ones :  for * 
 hich,  and  for  many  other  things,  for  which  neither  God  nor  man  ought  to  trufl  « 
 lem,  or  their  complices,  arc  they  not  every  one  excommunicated  ?  € 
 
 %nmorde  Wteri  faciei  ventura  timeri  :  « 
 
 frasfoterunt  fitfi  tn*fiaftcut  hcrl.  € 
 
 Fthx  quern  faciwt  alena  ftricula  cautum,  < 
 
 < 
 
 Whereas  the  faid  Counfellors  of  the  King  fay,  that  I  invaded  the*Kings  body  at * 
 
 orfmnndCMz,  before  the  King  had  entred  my  Land  ^  and  fo  I  did  in/uric  to< 
 
 King,  forwhichl  ought  to  implore  his  mcrcie,  lead  others  fhould  take  example  « 
 
 nencetorjifcupArmcsagainftthcKing.  Ianfwcr,thatl  was  not  there  in  pcrfon ; « 
 
 i-id  if  any  of  my  Family  were  thereby  chance,  they  invaded  oflely  the  Family  of« 
 
 c  King,  not  the  pcrfon  of  the  King  :  which  yet  if  they  had  done,  it  were  no  « 
 
 :  ondcr,  feeing  the  king  came  with  his  Army  into  my  Land,  that  he  might  u>< 
 
 iiemc,  andopprcfle  rac  by  all  the  meaneshc  could,  which  may  appeare  to  ali« 
 
 h  the  tenor  of  his  Letters,  by  which  hce  made  a  gcncrall  alTembly  throughout  *  ■ 
 
 |M^a£ainft.my  Atmy:   And  fincc  the  premifcj objeded  againft  mcc^rc -fal&3« 
 
 D'ii  "  and. 
 
I 
 
 30  7#*  Ldvfitlnetfc  df  tht  Parliaments  nccejfary  Defenfive 
 
 ?  and  it  is  true,  that  the  King  hath  treated  me  worle  fincc  the  time  I  expected  h  ^ 
 f  mercy ,  then  any  time  before,  and  doth  yet  ufe  the  fame  Counfell  as  then ;  an  ( 
 
 ,*to  his  will-  which  is  not  grounded  upon  rcafon.  Yea,  I  (hould  doc  an  injury  t  r 
 ?  him,  and  to  Iufticc,  which  he  ought  to  ufe  towards  his  Subjc&s,  and  to  maintain* 
 
 *  Add  I  {hould  give  an  id  example  to  all,  by  deferring  Iufticc,andtheprofccution( 
 '  right,  for  an  crronious  will  againft  all  Iufticc,  and  the  injury  of  the  Sub/eels :  For  b 
 
 •  this  it  would  appcarc,  that  we  loved  our  woildly  poffeffions,  more  then  Iufticc 
 'fclfe.  And  whereas  the  Kings  Gounfellours  object,  that  wee  have  combined  wi» 
 I  the  Kings  capitall  enemies,  namely,  the  French ',  Scots*  Welfh,  out  of  hatred  and  dan 
 c  mage  to  king  and  kingdome  .-That  of  the  Trench  is  altogether  falfe,  and  that  of  tl 
 «  Scotland  Welfh  too;  excepting  the  king  of  Scotf,  and  Leoline  Prince  of  N*ru 
 <  y»*les ;  who  Were  not  the  kings  enemies,  but  faitbfall  friends,  iintill  by  injuries  off 
 \  red  them  by  the  King  and  his  Counfell,  they  were  by  cocrtion  againft  their  wills,  a 
 
 , ,  enated  from  their  fidclitie,  as  I  am.  And  for  this  caufe  1  am  confederated  with  thee  , 
 J  that  wc  may  thebctter  being  united,then  feparated,  regaine  and  defend  our  rights, 
 €  which  we  are  unjuflly  deprived,  and  in  a  groat  part  fpoiled.   Whereas  the  Kin, 
 c  Counfell  propofc,  that  I  ought  not  to  confide  in  my  Confederates,  becaufe  t 
 6  King,  without  any  great  hurt  to  his  Land,  can  cafilv  feparatc  them  from  my  fricn 
 t  fliip>  Of  this  I  make  no  great  doubt,  but  by  thi>  the  iniquity  of  his  Counfclk  \ 
 t  doth  moft  of  all  appeare  :   that  in  fomc  fort  they  would  caufe  the  King  to  fuftai 
 c  iofle,by  thofc  whom  he  fpccially  calls,  capitall  enemies,  to  injure  mec  who  ha 
 alwaiesbecne  his  faithfull  Subje<?r,  whiles  I  remained  with  him,  and  yet  wou 
 ocfo,  if  he  would  r€ftore  tome  and  my  friends  our  right.  Whereas  thefaidCou 
 '  fellorsfay,  that  the  Pope  and  Church  of  .&?;»*,  doc  fpeciaily  love  the  King  and  kin 
 *dome,  and  will  Excommunicate  all  his  adveriaries,  which  thing  is  even  at  t 
 '?  dores,  becaufe  they  have  already  fent  for  a  Legate  :  h  pleafeth  mce  well,  faid  f 
 "  Marfliall  ;  becaufe  the  more  they  love  the  King  and  kingdome,  by  fo  much  t 
 €  more  will  they  defire  that  the  King  fhould  treat  hisRealmc  and  Subjc&s,  acc< 
 €ding  to  /uftice  :  And  lam  Wellpkafed  they  (hould  excommunicate  the  adver- 
 €ries  of  the  Kingdome,   bccaulcthey  are  thofewho  give  Counfell  againft  Iuftil^ 
 c  whom  workes  will  manifeft ;  becaufe  Iuftke  and  Peecc  have  kiffed  each  other ;  a 
 'becauteof  this,  where  Iufticc  is  corrupted,  Peace  is  like  wife  violated*   Alfo  I 
 t*  plcafedthat  a  Legate  is  comming,  becaufe  the  more  difcreet  men  (hall  heare  our 
 ftice,  by  fo  much  the  more  vilely  fliall  the  adverfaricsof  Iuftice  be  confounded, 
 which  notable  difcourfe  we  fee  the  lawfullneffe  of  a  ncceflary  dcfenGve  Wa 
 yecided  and  juftified  both  by  the  King,  his  Counfell,  and  the  Earle  Mar  (hall,  asvKjt 
 againft  the  King  hi rafclfe,  if  he  invade  his  Subjefts  firft,  as  any  of  his  Forces  wE*;,, 
 aSifthim.  After  which  the  Marfliall  flew  many  of  his  Enemies  by  an  AmbufcaK^ 
 while  they  thought  to  furprife  him,  and  wafted  and  fpoiled  their  goods,  houl 
 lands;  obferving  this  general!  laudable  rule  which  they  made,  to  doc  no  hurt,  no  lit 
 to  any  one,  but  to  the  Kings  evillCounfcllors  by  whom  they  were  baniflied,  wlucf 
 goods,  houfes,  woods,  Orchards,  they  fpoiled,  burnt,  and  rooted  up.  The  KB;, 
 remaining  at  Qlmfier^  heard  of  thefc  proceedings  of  the  Marfliall,  but  his  force*" 
 
 ft 
 
 i 
 
 N 
 
 rij 
 
]\  rarre,  both  m  Point  of  Law,  and  Corjiiencc.  a  \ 
 
 ig  too  wcakc,  he  durft  not  encounter  him,  but  retired  to  Whimper  with  Bifhop1, 
 eter,  confounded  with  over  mucMhamc,  leaving  that  Country  to  be  waited  by  his' 
 ivci  Aries;  where  innumerable  carcafes  or' thole  there  (laine  lay  naked  atidunburied  in ■ 
 jcwayes,  being  food  to  the  bcaftsand  birds  of  prey  :  a  fad  fpcdaclc  to  paflengcrs, ■ 
 hich  io  corrupted  the  ayre,  that  it  infected  and  killed  many  who  were  healthy.  Yet  * 
 c  Kings  heart  was  (o  hardncd,  by  the  wicked  councell  he  followed,  againft  the  Mar- « 
 all,  that  the  Bifhops  admomihing  him  to  make  peace  with  him,  WHO  IO  VGHT € 
 OR  1VSTISE  ;  he  anfwered,  that  he  would  never  makepeace  with  him,  unlcfle' 
 ♦mining  with  an  halter  about  his  neckc  and  acknowledging  himfelfe  to  be  a  < 
 *aytor,  he  would  implore  his  mercy.  The  Marshall  both  in  Englani  and  I  e/and;< 
 ofeffed  that  he  was  no  Traytor;  that  hiswarrc  being  but  dcfcnfive,was  jull;  iww«- 
 bUiter  ^f firmans  cjuqA  li.wt  fibi  dejurc  quod  futsm  erat  refetere,  &  pyjfe  Rcjs& 
 Kfil  orumjuorum^modui  omnibus  qttib  us  poter  at  y  infirmare. 
 
 f  mlii am  Rtfianger  in  his  continuation  of  Matthew  Paris  >  fpcaking  of  the  death  of ,  Vi  t   ^ , 
 mm  Monfort  Earic  of  Lejctfter,  flainc  in  the  Battle  of  Evejbdm%  the  greateft  Pillar  gC^Damllj 
 the  Barrons  warrcs;  ufcth  this  cxpreflion.   Thus  this  magnificent  Earle  S^mon^n-  p.178. 
 i  his   labors,  who  not  oncly  leftowed  hid  eftfite  hut  his  perfon  alfoy  for  reletefe  ofc 
 opyre/ponoftkcpoorcifortbe  averting  of  Inftice,  and  the  right  of  the  Realme  :  he  C 
 as  commendably  skilfull  in  learnings  dayly  frequenter  of  divine  Offices,  conftant c 
 word,  fevere  in  countenance,  moft  confiding  in  the  prayers  of  Religious  perfbns,c 
 wyes  very  rcfpe&fuil  to  EcTeiiafticallpcrtons.  He  earnehTy  adheared  to  Robert ' 
 oft  bead  Bifhop  of  Lincolte,  and  committed  his  children  to  his  education.  By  his  c 
 j/ifchc  handled  difficult  things,  attempted  dowbtfull  things,  concluded  things  be-  * 
 :j,fpcciallyfuch  things  whereby  he  thought  he  might  gaine  defcrt.  Which  Bifhop c 
 IS  laid  to  have  etspjnedhim>  as  he  would  obtaine  remifftm  of  his  Jinxes ,  that  he  Jhouldc 
 fiertake  this  caufe  for  which  he  contended  even  unto  d?ath}  ajfirmlng%  that  the  peace  cf: 
 I  Church  of  England  could  never  be  eftd  lifted,  bxt  bj  th?  material!  firord;  and  conftant- c 
 UvtrriKg;    THAT  ALL    WHO  DIED    FOR    IT   WERE    CROWNED' 
 f  TH  MARTYRDOME.    Some  fay  that  this  B;fhop  on  a  time,  laying  his  hand4 
 Ithc  head  of  the  Earlcs  cldcft  fonne,  faid  unto  him.  O  moft  deare  fonne,  thou  andc 
 i  fathry  Jhall  both  dje  en  on:  duj,anlrrith  one  hand of death;  TET  FOR  JVSTJCE6  ' 
 .XD  TRVTH.    Fame  reports  thatSjmon  after  his  death  grew  famous  by  maoyc 
 grades,  which  for  fcare  of  the  King  came  not  in  publickc.  cThus  this  Hiftorian,  thus  € 
 hert  Grofheai the  moft  devout  and  learned  Bithop  of  that  age,  (who  moft  ©f  any 
 tyofed  the  Popes  Vfurpations  and  cxafrions)  determine  of  the  juftice  and  lawfulneffe 
 the  Barons  Warres;  Walter  Bifhop  oiWorcefter  concurring  in  the  fame  opinion 
 fjth  Grofihead.  The  fame r  author  Rifiangtr  records;  that  the  Earle  of  Glocefter,  a  TV/£# 
 1 .it  fticklcr  in  thefe  warres  againft  the  k  ng,  with  whom  at  laft  he  ace  :rded;  (ignified 
 Hht  Km?  by  his  Letters  Patents  under  his  fea/e,  that  be  would  never  btare  Armes  4- 
 Kift : >e  King  bu Lord^nir a£al.ft  hid  Sonne  Truce  Edward,  NISI  DEFENDO-, 
 4oKel*  in  his  Defence:  whichthe  King  and  Prince  accepting  of,  clcarcly  proves; 
 akdefenfive  ^rm:s  againft  Kngor  Prince  were  in  that  age  generally  reputed  Law- 
 nm>  by  King.  Prince,  Prelates,  Nobles,  People.  I  may  likewife  adde  to  this  what 
 Uead  in*  Matthew  rVeftm'nfter>  that  Richard  Bilhop  of  Chichefter  the  day  before  „ 
 
 kbattlc  of  Lwis  againft  K  trig  Henry  and  his  fonne  (who  were  taken  pritonersio^*       -'^ 
 ^  the  Barons  ani  aaooo.of  their  SouWicrs  flainc;)  abfohed  aIL  that  vm  to  fight1*  ' 
 
 1 
 
 i 
 
 mfl 
 
2 1  The  Law f nine ffe  oft  he  Parliaments  neceffarj  Defer* five 
 
 agahftt'-e  King  their  Lordjrom  all  their /innest  Such  confidence  had  he  of  the  good- 
 neffc  of  the  caufc  and  jirtncffe  of  the  warrc. 
 In  on:  word, the* oath  of  affociation  prefcribed  by  the  Barons  to  the  King  of  Ro* 
 «Afir.P*r,p,  w^brother  to  King  H'»7thcthird,intbc4}.ycareof  his  Raigne;  He  are  all  mt 
 |* x  9 11  -       that  I  Richard  EnrleofCornewall,  d  *  herefweare  upon  the  holy  Evangelift  ?,  that  Ifbai 
 2)^pP78  ''bef«*thfuRi  and  diligent  to  re  forme  with  you  the  Kingdome  of  England ,  hth  rto  by  H 
 '  -cmncell  of  wicked  per  font  overmuch  disordered  i    and  be  an  <jf flu  all  Coadjutor   7"i 
 EXT-  E  LL  THE   RE'B  E  LLS,  and  dftwbersofthefame.  isfnd  this  Oati 
 I  will  inviolah  ob  rerve>  unier  pa  ne  of  lofing  all  the  tands  I  ;ave  in  England :  So  Keif 
 m  Cjod.    Which  Oach  all  the  Barrons  and  their  aflbciates  tooke,  (by  vertue  wherec 
 they  cookc  up  armesagainG:  the  Kings  ill  Councillors,  and  himfclfe  when  he  join< 
 with  them,)  fuffuienrly  demanftrates  their  publickc  opinions  and  judgements  < 
 thclawfuln:ffe,  the  Jutneflk  of  their  warres;  and  of  all  other  ncceffaric  defenfiv*^ 
 armes,  taken  up  by  the  Ktngdouies  gcnerall  aitent  for  prcfervation  of  its  Lawes,Libciij 
 tic?,andfuppreflionofchofe  Rebels,  and  ill  Counccllors  who  fight  againft^or  laboufc' 
 to  fubvert  them  by  their  policies 
 «-TTjflhr#        x *n  tnc  l^x^ yearc  °*  KinS  H<hrWtbc  ad,this king  revokinghis great Mynion  Pier: 
 Hifi-ArgUy.  6*w/?fl»,ncwlybanifliedby  the  Parliament  iutoir*/**^, and  admitting  him  into  aj 
 70  tojurpo-  great  favour  as  before,  contrary  to  his  oath  and  proorife;  the  Barrons  hereupon  ty 
 d'sma  Seu(h.  common  confenc  fent  the  King  word^  that  he  Jbonld  ba*i/h  Piers  from  his  company  M 
 ^1'  l^n9*»    cordng  to  his  agreement,  orel,ethey  would  certain  ly  rife  up  againft  him  as  a  perjure 
 HJhJh-Grtf.Pff>r/on-  Vpon  which  the  King  much  terrified  fuflfers  Piers  to  abjure  the  Rcalme;  wM 
 spxiyFab    '  returning againc  foone  after  to  the  Court  at  Torke;  where  the  king  entertained  hi«r 
 $fo»,ando-    the  Lords  fpiritualland  temporally  preferve  he  liberties  of  the  Church  a*d  Rfa'm 
 thecs  in  his     yentaa  honourable  mejfage  to  the  King,  to  deliver  Piers  into  their  hands,  or  banijh  him>f< 
 
 d  M*m      the  prefervatio  1  of  the  peaceyTreafure  aniweale  of  the  Kinrdome*  this  wilfullKing  dip' 
 vuntSiE&t.     rues  their  [■&  requeft;  whereupon  the  Lords  thus  CDntemned  and  deluded,  railed  :jtf 
 ult  vol.  1.  p,  annv,  and  march  with  all  fpeede  to  wards  New-Caftlc,  NOT  TO   OFFER  Wpi 
 4^.^/.      IVRlE  OR  MOLESTATION  TO  THE  KING,  but  t?  appr.hnd   Peirs ,  #f 
 judge  him  according  to  Law  :  uomthisth:  King  fleeth  together  with  Pelrs  to  Tir 
 mMthy&n&irom  h :nce to  Scarborough  Caft'c,  where  Piers  is  forced  to  render  htn 
 fclfe  to  the  Barrons,  who  at  tVanxic\e  Caftle.  (without  any  legall  triall  by  meerc  m; 
 tiall  Law)brheadedhim,  as  *  fubvert  or  of  the  Lawes>  and  ^n  OPEN  TRAITC 
 TO  THE  KIN^DO  WE.  For  which  facls  this  King  afterwards  reprehending  a 
 accufing  the  Lords  in  Pa:liiment,in  the  7th  yeareofhis  Raigne;  they  ftoutly  anfwen 
 THAT  THEY  H  \D  NOT  OFFENDED   IN  ANY  ONE   POINT,  B1 
 DESERVED  HIS  ROYALL   FAVOVR,  for  they  HAD  NOT  GVTHiRl 
 FORCE  AGAINST  HIM   ( 'though  he  were  in  Piers  his  company ,  afsi/led,  cow. 
 nanced%and ftedw'th  him)  BVT  AGAINST    THE  PVBLICKE    ENEMIE  <| 
 THE  REALME:  Whereupon  there  were  two  afts  of  oblivion  pa(Ted  by  the  A* 
 Jf.45.  44:     Lords  and  Commons  afembled  in th  t  Parliament \  (Printed  in  the  y  2^  Pdxt  of  I 
 
 Mag»a  Chart a')Th' fir 'J} ytbat  noperfon  (on  the  Kings  part  )Jbould  be  qutflio'ed,  wlM 
 ftedy  impeache  /,  imp  foned%  and  brought  to  judgement ,  for  eaufing  Pierce  to  rcturne  /■ 
 E  vile,  or  harborings  councllhg  ^r  aydinghi  n  here  after  his  r:tu*ne :  The  fecond  on  m 
 Birons  part,  inthefe  words :  It  is  provided  by  the  Kitg,  a*i  by  the  ^ArchbiJhopsy 
 fi  pst  AbrJQts%  Priors,  Earlesl  B*r*nsaidCom:nrflS)Oft':e  Rc*lm*9  apmblcd  accord  m 
 
 'in 
 
Warre,  hath  in  Pointef  Law,  andCo/tfaence*  23 
 
 our  Command)  and  unanmouflj  affemed  un*  ace  or <  wfna  of  what  tfiatt  or  con* 
 
 tt  npHVCr  he  Lc.fjjll  in  time*  t  c>  me  be  appealed  or  ci  alien,  ed,  for  the  apprefo>  dtngy 
 mim/Mf  ordeatioj  Vcirsdc  GaneI1o*tnor  foalljor  the  f~id  death  be  appr  bended  n  r 
 nprt(o'ne  f,  impeached,  moltfte-.U  nor  gri  vcd>  Mtjudoemtntgw  nagbinftkim  by  us,  mr 
 f  others  at  onr/mtr,  nee  attbefmU  J  an]  other,  either  1  t  Court  or  itfepben* 
 
 Ijichnlt  the  Kim    i  *  Ic"t  to  ihe  Judges  of  tU  Kings  g&cb,  <  o,m  ndtn%  that 
 
 is  qrant   ndcncordp>*li  be  firme a»d  stable  i    all  its  points  ^  an  1  that  every  of  ihem 
 out   be  held,  a-  d  kcpt  *npcrpttuitie\  to  *  /  lib  end  hecorr.ma?  ds  tk$m  to  cafe  ths  afl 
 be thfre  inroled,  and  Ji  mely  kspt  fir  tverm   A  pregnane  evidence  that  the  Barons 
 king  up  Amies  then  againft  this  Traytor  and  cnemic  of  the  Realme,  in  puiluancc  of 
 mc  Ad  and  lentcnccor  Parliament  for  his  baiiiiLment,  though  the  K:rg  were  in  his 
 mpany,andaiTiftcdhimanhcmigh',was  then  both  by  King  and  Parliament,  ad- 
 dged  no  Trcaibn,  nor  rebellion  at  all  in  point  cf  La w,  but  a  jult  &  honorable  adicn  : 
 therefore  their  taking  up  Armes  is  nut  mentioned  in  this  Acl:  of  oblivion,  feeing  they 
 1  held  it  jult,  but  their  putting  Purs  to  death,  without  legal!  trislJ.  which  in  ftrift- 
 sde  of  Law,  could  not  be  juftirud.    Now  whether  this  be  not  the  Larliamcr.ts  and 
 ngdomes  prefent  cafe  in  point  of  Law  (who  teokeup  armes  principally  at  firft,  for 
 :fcncc  of  their  owac  Privilcdges  of  Parliament,  and  apprchcntion  of  dclu  quents 
 /ho  feducing  the  king  withdrew  him  from  the  Parliament,  and  caufed  him  toraifc 
 Army  to  flicker  thcmfelvcs  under  its  power  againft  the  Parliament,)  let  every 
 (enable  man  determine :  and  if  it  be  fo,  we  fee  this  ancient  A  el  of  Parliament  re- 
 ives it,  to  be  no  high  Treafon,  nor  Rebellion,  nor  offence  againft  the  King}  but  a 
 lit,  law  fall  aft,  for  the  kings,  the  kingdomes  honour  and  fafety. 
 No: 
 
 ifcounccllii 
 tth  and  1 5  th  y  cares  of  his  raignc,  confederated  together,  to  live  and  dye  for  \u filet,  cjraf 
 
 their  power  to  deftroy  the  TRAITORS    OF    THE   REALME,   EfpeuaSj  speed.  B 
 
 ?f  two  Spemfirs :  after  which  they  railed  an  Army, whereof  they  made  7  hon  as  Earle  inliislifc# 
 
 r  Larcafter  G^tkxz\\\w&  meeting  at  Sherborne^ they  plundcrand  deftroy  the  Spen  ers 
 
 flics,  Mannors  Houles,  Friends,  Servants,  and  marching  to  Saint  ssflba-.es  with 
 
 infigncs  difplavcd,  fent  Mcffcngers  to  th*  King  then  at  London,  admonishing  him 
 
 ot  >cl  ■ 0  rid 'Lis  Court  but  Kingdo ne ,  fihe  T\llTO\S  TO  THE  %£ALME, 
 
 ic  Spenfe* s.  ('condem..cd  by  the  Commons  in  mary  Articles^  to  p-eferve  the  peace 
 
 f  the  Ke  lm?\  an   to  gr  nt  thma^dall  their  fo^owers  Lette  s  Paitent    of  indemnity  y 
 
 'er  » tat  t'  er  hadfrvurly  done    Which  the  King  a:  hrft  denied  bur  afterwards  this  Ar- 
 
 lie     arching  up  loLondon,  where  they  were  received  by  the  City ,hc  yetl  led  toward 
 
 k  1 5  th  yeare  ofhi  Raigne  by  a  fofciall  Act  cf  Parliament  die  Ivi  Spenfi  s  were 
 
 •  he  itci  amdbanifljed'hc  R-alm?  ( for  mif  con >  cell  ngtb  kjig^opp'  effing  t  e  p  dpi    by 
 
 }icexa  viCin^  I  -m  to  Ivte  warre  upo    his  Subjects  ,  waging  ezill  lud^s  an  I  nthfr 
 
 r\)jfirers  to  the  hurt  of  the  K-ng  and  Kiigdonc,  (ftp  offing  the  K  ngs  ea*c   and  :<fn>'  ir.g  his 
 
 all  uth   iijjas  ENEMIES  of the  K  njaniOF  HIS  Pftf/'ZF.-andby  an  ,ther 
 
 fr^tt  of     arli  nrmnt,  it  was  then  provided, r£  u  no  mxnpjouldb'  ejuefi:on  <ifo  '  any  ft»* 
 
 ^omsortreffaffes  commuted  in  the  profca.tion  of  Hugh   e  de    p:ntrs  the  father  and 
 
 forme;  which  Ad  'unncs  thus  ?  '  Whereas  ot  late  many  great  men  of  the  Rr  almc  (ur- 
 
 I  milcd  to  Sir  Hugh  Is  Defp  nfer  the  fonne  and  Father,  many  mifdemeanors  by  them 
 
 Tcommittcd  againft  the  cftate  of  our  Lord  the  King  and  of  his  Crowne,  and  to  the 
 
 E  diftn 
 
34 
 
 The  Latvfttlmffe  of  the  Parliaments  necejfary  Defenfivc 
 
 •       ■ —       ■  ^ 
 
 *  difinhcritancc  of  the  great  men  and  deftru&ion  of  the  people ,  and  purfued  thofc 
 froifdemcanors  and  attainder  of  them  by  force,  becaufethey  could  not  be  attainted  by 
 1  proceffeof  Law,  becaufc  that  the  faid  Sir  Hughs  had  accroached  to  them  the  royali  I 
 
 *  power  in  divers  manner :  the  faid  Grandees  having  mutually  bound  thcmfelvcs  byj| 
 'oath in  writing,  without  theadvifcof  our  Lord  the  King;  and  after  in  purfuing  t 
 1  faid  Hugh  and  Hugh,  and  their  alics  and  adherents,  the  faid  great  men  and  others,  ti 
 cding  with  banners  difplaicd,  having  in  them  the  Armes  of  the  king  and  their  ownc;  di 
 'take  and  occupie  the  Chattels,  Villages,  Mannorsj  Lands,  Tenements,  Goods,  an 
 f  like  wife  take  and  imprifonfome  of  the  Kings  leige  people  and  others,  tooke  fomd 
 
 *  and  flew  others,  and  did  many  other  things,  in  deftroy  ing  the  faid  Hugh  and  Hugh 
 €  and  their  alies,and  others  in  EngUndftVa/es,  and  in  the  Marches,  whereof  ionic  thing 
 
 *  may  be  faid  Trcfpaffes,and  others  felonies :  and  the  faid  Hugh  and  Hugh,  in  the  Par 
 ?  liament  of  our  Lord  the  King,  fommoncd  at  Weftminfter  three  wcekes  after  the  Natij 
 
 *  vitie  of  Saint  John  Baptijl -the  gfi  yeare  of  his  Raigne,  for  the  faid  mifdemeanoi 
 J  were  forejudged  andbanifliedtheRealme,by  a  vote  of  the  Peeres  of  the  Land;  a 
 
 *  the  forefaid  great  men  in  the  faid  Parliament,  (hewed  to  our  Lord  the  King,  that  t 
 'things  done  in  the  purluite  of  the  faid  Hugh  and  H*g&,by  reafon  of  {uch  caufesof  n 
 
 *  ceflity,  cannot  be  legally  redrefled  or  pumflied  without  caufing  great  trouble,  or  pet 
 « chance  warre  in  the  land,  which  (hall  be  worfe.  and  prayed  our  Lord,  that  of  all  a] 
 «anc6s,trcfpa{Tes  and  felonies  they  might  be  forever  acquitted,  for  the  prcfervati 
 « of  peace,  the  avoyding  of  warre,  and  affwaging  of  angers  and  rancors,  and  to  ma 
 « unitie  in  the  land;  and  that  our  Lord  the  King  may  more  intirely  have  the  hearts  a 
 •Wills  of  the  great  men  and  of  his people,  to  maintaine  and  defend  his  Lands,  and 
 
 *  make  warre  upon  and  grieve  his  enemies.  It  is  accord  ed  and  agreecTin  the  faid  Pad 
 ^mene  by  our  Lord  the  King,  and  by  the  Prelates,  Earles,  Bartons,  and  Commons 
 « the  Realme  there  aflembled  by  command  of  our  Lord  the  King,  that  none  of  what 
 « ft  ate  or  condition  focver  he  be  for  allunce,at  what  time  foever  mad^by  deed,oath, 
 « ting,  or  in  other  manner,  nor  for  the  taking,occupying,or  detainer  of  Chattels,  towi 
 «  Mannors,  Lands,  Tenements,  and  goods  taken,  imprisoning  or  ranfoming  the  Kirlfei/i 
 « kige  People,  or  of  other  homicides,  robberies,  felonies,  or  other  things  which  mj 
 
 *  be  noted  as  trefpafles  or  feilonies  committed  againft  the  peace  of  the  king  by  the  fai 
 
 *  great  men,  their  allies,  or  adherents  in  the  purfuitc  aforefaid,  fince  the  firfr  day  x 
 «  March  Iaft  paft,  till  the  thurfday  next  after  the  fcaft  of  the  aflumption  of  our  Ladie,  t 
 «  wit,  the  i  p.-.  day  of  Auguft  next  enfuing,  be  appealed,  nor  challenged,  taken  nor  irri 
 « prifoncd,  nor  grieved,  nor  drawne  into  judgement  by  theKing,  nor  any  other  at  tl 
 « fuite  of  any  other  which  (hall  be  in  the  Kings  Court  or  in  any  place  clfe;  but  that  i 
 e  fuch  trefpafles  and  Felonies  (hall  be  difcharged  by  this  accord  and  afTent:favirig  al  wai 
 <  to  all  men,  but  to  the  faid  Hugh  and  Hugh,  adtion  and  reafbn  to  have  and  recover  th« 
 «  Chattels,  Farmes,  mannors,  Lands,  tenements,  wards  and  marriages  according  i 
 e  the  Lawes  and  cu%mes  ufed  in  the  Realme,  without  punifhment  againft  the  king, 
 « damages  recovered  againft  the  party  for  the  time  abrefaid.  For  which  end  they  pr 
 « fenbed  like  wife  a  Charter  of  Pardon  annexed  to  this  Acl  according  to  the  purport 
 «it,  which  every  one  chat  would  might  fus out,  which  Charter  you  may  read  in  c 
 «  Magna  Chant. 
 
 From  which  Aftof  Parliament  I  (hall  otf-rvc  rhefd  three  things.  FMr,  that  t 
 thektaking  up  Armes  to  apprehend  the  Svstfrsm  enemies  to  the  King  and  kingdo 
 
 *"7"  "  "  ai 
 
 f! 
 
 m 
 
 ik 
 m 
 
Warrc^  both  in  Point  of  Law y  and  l  on  faience*  3  5 
 
 id  marching  with  banners  difplayd,  was  not  then  reputed  high  Irealbn  or  Rebellion 
 ;ainll  the  King,  though  it  were  by  way  of  offence,  not  of  defence,  -end  withont  any 
 ithority  of  Parliament :  for  there  is  not  one  word  of  Treafon  or  Rebellion  in  this 
 cl,  or  in  the  Charter  of  pardon  purfuing  it :  and  if  k  bad  becne  high  Trcifrn,  this 
 51  and  Charters  on  it  extending  onely  to  FcUo-  ic.ind  Trefpsjfes  not  Co  Treafons  and 
 W*//i*«if,W'oRld  b  r.o:  lave pardened t kef: tra>; fee <ident  Caftta'I  crimes.  Secondly,  that  ,  ~      r 
 c  unlawfu!l  outragcs,robbcrie$sand  murders  committed  by  the  fbuldicrg  on  the  kings  ^  ^V 
 igc  people, and  not  on  tnc  two  Spenfas  the  folc  delinquents,  were  the  occalion  c  f  6/.ij, 
 us  A3  of  oblivion  and  pardon,  not  the  Armed  purfuing  of  them,  uhen  they  had/wf.&ft. 
 Dtcen  above  the  reach  of  Law.  Thirdly,  that  thoughthis  were  an  oftenfive  notdc- 
 nlwe  warre,  made  without  common aflent  of  Parliament,  and  many  murthcrs,rob» 
 :ries,and  miidcmeanors  committed  in  the  profecution  of  it  upon  the  kings  lcigc  pco- 
 ie  who  were  no  Delinquents;  yet  being  for  the  common  good  tofuppreffe  and  ba- 
 -m  thefc  ill  Counsellors,  enemies,  Traytors  to  King  and  Kingdome,  the  King  and 
 arliament  thought  it  fuch  a  publicke  fcrvicc  as  merited  a  pardon  of  thefc  mifdemca- 
 Drs  in  the  carriage  ofit,  and  acquitted  all  who  were  parties  to  it,  from  all  iuites  and 
 Linimments.  All  whichconfidcred,isacIearcdcmonftration,that  they  would  have 
 rfolvcdourprefcntdcfenfivc  warrc,  by  Authoritic  of  both  Houfes,  accompanied 
 nth  no  fuch  outrages  as  thefc*,  for  the  apprchenfion  of  fuch  as  have  beene  voted 
 raytorsand  Delinquents  by  Parliament,  and  ftand  out  in  contempt  againft  its  ju- 
 ice,for  the  defence  of  the  Priviledges  and  Members  of  Parliament,  the  Liberties  and 
 ropcrtiesofthefubje'jtjthcfundamentalllawesof  the  Realme,  the  Protcftant  Re- 
 gion now  indangercd  by  Papifts  up  in  Armesin  England  znd  Ireland  to  extirpate  it, 
 id  the  removing  ill  Counfcllors  from  his  Ma  jeftic;  to  be  no  high  Treafon,  Rebellion 
 '  offence  ac  ail  againft  the  king,but  a  juft  and  lawful  Aft,thc  very  mifcarriages  wher- 
 f  in  the  gcnerall  (except  in  fuch  diforderly  Souldiers  for  whommartiall  Law  hath 
 ovided  due  punillimcnts)  defer ve  a  publike  pardon  both  from  King  and  Kingdoms 
 ndtoput  this  out  of  Queftion;asnofancieof  mincowne,  we  have  an  cxprefle  Aft 
 :  Parliament,  reviving  the  taking  up  of  Arrocs  by  the  Queenc,  Prince,  (both  but 
 ib/eds  and  capable  of  High  Treafon  in  fuch  a  cafe  as  well  as  others)the  Nobles  and 
 eople  of  the  Realme  againlt  thefc  two  Spenfers  and  other  ill  Counfellors  about  this 
 ing  in  the  laft  ye?re  of  his  raignc,  (though  the  King  bimfelf  were  in  their  Company, 
 id  taken  prifoncr  by  the  Forces  rai'cd  againft  them,)  ior  the  ncceflary  prefer  vation, 
 :licfe,andfafcfyofthe  Quecnc,  Prince,  Nobles,  Kmgdome,  to  btfno  high  Treafon 
 ar  offence  at  al I ;  namely,  the  ftatute  of  1  E.$.  c.  1.  2,  3.  which  I  (hall  recite  at  large. 
 i  Whereas  H«;6  Spenfer  the  Father,and  Wngh  Sferfer  the  Sonne, late  at  the  mite  of  The-  c 
 iM4thenEarlc  of  L  an c aft er  and  Ley after,  and  Steward  of  EngUni,  by  the  common  c 
 nlTe.it  and  vote  of  the  Peers  ana  Commons  of  the  Realme,  and  by  the  aflent  of  c 
 llfing  E  dw  W  Father  ro  our  Soveraigne  Lord  the  King,  that  now  is,  as   traitors  c 
 
 ■  r|C  E  N  £  M  I  E  S    OF     THE     Kl  N  G  ,    &    OF    THE    KlALMB,     WCrc  Ex'lcd,  dtfiflho-  < 
 
 Iced  and  baniihed  out  of  the  Realme  for  ever.  And  afterward  the  lame  Vingb  by  e- < 
 JiUCoancidl,  which  the  king  had  about  him,  without  the  aflent  of  the  Peeres  and  < 
 n  Commons  of  the  Realrae,  came  againe  into  the  Realme:  and  they  with  other  pro  -  c 
 ,'.  jredthcfaidkingtopurfu;thc  faid  Earlc  of  Lancaftery  and  other  great  men  and  c 
 topic  of  the  Realme,  in  which  purfuitcthe  faid  Erie  of  Lane  after  and  other  great  c 
 fjicnand  people  of  the  Realme,  were  wilfngly  dead  and  difinhcrited,  and  iomcc 
 1  E  2  outlawed, " 
 
36  1  he  Laxvfulncffe  ef  the  Parliaments  nectffary  Defen five 
 
 •outlawed,  banifhed,  and  difinherited;  and  fome  difinherited  and  imprifoned,  an 
 
 *  fo: nc ranfommecianddiflKr iced  :  and  after  fuch  m'ifchiefc  the  faid  Hugh  and  Hug 
 '  Mailer  Robert  rBald>cke  and  Edmmd  Earl:  of  ArundeU  ufurped  to  them  the  Royal 
 « power*  fo  that  the  king  nothing  did,  nor  would  doe,  but  as  the  faid  Hugh  andHa^ 
 
 ■  Rol  rt  and  Ed.r.wd  Earle  of  Aruniell  did  counceU  him,  were  it  never  fo  great  wrong; 
 'during  which  usurpation,  by  durefleand  force  againft  the  Will  of  the  Commons,  they 
 '  purchafed  Lands,  as  well  by  fines  levied  in  the  Court  of  the  faii  £*fawi,as  other  wifci 
 g  and  whereas  after  the  death  of  the  faid  Earic  of  Lane  after  ^  and  other  great  men, 
 e  our  Sovcraigne  Lord  the  King  that  now  is,  and  Dame  Ifabel  Queene  ot  Engl^nd^ 
 1  his  Mother,  by  the  Kings  will  and  Common  Counccll  of  the  Realme,  went  over  to 
 
 ■  Er*ee,  to  treate of  peace betwecne  the  two  Realmcs  of  JEngland  and  Trance  y  upon 
 
 *  certaine  debates  then  moved.  The  faid  Hughgnd  Hugh,  Robert  and  Edmmd  Earlc 
 « of  ArundeU  continuing  in  their  mifchiefe,  encouraged  the  king  againft  our  Sovcraignt 
 «  Lord  the  king  that  now  is,  his  fonnc,  and  the  faid  Queene  his  wile,  and  by  royall  po 
 
 <  wcr  which  they  had  to  them  encroached,  as  afore  is  faid,  procured  fo  much  grievance 
 
 <  bj  the  iijfe-tt  of the  fed  Kin?  Sdwfsd,  to  our  Sovefaignc  Lord  the  King  that  now  ir, 
 c  and  the  Queene  his  mother,  being  in  fo  great  jeopardy  of  themfelves  in  a  ftrangc 
 *C,Qumxy>andfee;ngtkeDeHr;.H;in<  Dammage,  OppreJpQxss  And  DijlraElions  whtch 
 
 <  toirt  mmeupj  done  m  the  Realme  of  En  Ja id,  upon  holy  Church,  Prelates,  Earles  Ba, 
 « sons,  and  other  great  men,  and  the  Commonalty  by  the  faid  Hugh  and  Hugh,  Robert 
 i  and  Edmwd  Earl* of  AruudeHby  the  encroaching  of  the  faid  royall  power  to  tbcm5 
 cto  take  as  g  )od  Counccll  therein  as  they  might.  And  feeing  they  might  not  rewedie  the 
 < fame unleffe  they  came  wto  EngUndtmth  an  Army  of  men  of  warren  and  by  the  Grace 
 «of  Goi  ^ithfuthruiflancc,  and  with  thehelpe  of  great  men  and  Commons  of  the 
 
 <  Realme,  they  have  vanquished  and  deuroyed  the  fayd  Httgh  and  Hugh,  Rgbert  and 
 tEdvondi  Wherefore  our  S  over  aignc  Lord  King  Edward  that  now  is>  athisParlia- 
 6  merit  holden  at  JVeftmiufter ,  at  the  time  of  his  Coronation,  the  morrow  after  Candle* 
 t  maf  in  the  firftyeare  of  his  reignc,  upon  certaine  Petitions  and  rcqudh  made  untc 
 chim  tntht  Uid  Parliament  upon  fuch  Articles  above  rehear  fed,  by  the  common  ccun 
 ,  ccllof  the  Prelates,  fearleSj  Barons,  and  other  great  men,  andbythe  Commonalty  or 
 ftheRe^lnie,  there  being  by  his  Commandment,  hatb  provide^  ordained  and  f:abli 
 c{h;d  in  forme  following.  Firft,  that  n>grea:  man^or  other  of  what  eflfate,  dignity^  oi 
 fcondith;v'ye  be,  that  cams  with  the  iiid  king  that  now  is,  and  with  the  Queene  hi 
 ^mother  into  the  Realme  of  Engfund^nd  none  other  dwelling  mEvgld*  U  who  cam 
 
 mI  .      4with  the  faid  king  that  now  is,  and  with  the  Queene,  In  ajds  of  th-m  to  yurfue  thei 
 
 tfaii  enemies ,  in  which  purfuite  the  King  hU  Eat  'er  wat  taken  and  put  In  ward,  *'-d y 
 
 rtmainethinwardifhafln9tbemoleIlea  impeached  or  gnevedin  per/on  cr  gads,  in  tb 
 
 ckings  Court,  or  ether  Court,  for  the  purfui:e  of  the  faid  kin     tar.:  .  ith  holdrn 
 
 cor  his  body,  nor  purfirite  of  any  other,  nor  taking  of  their  perf^ns,  good?,  nor  death  ( 
 
 cany  man,  or  any  ether  things  perpetrate  or  committed  in  the  faiJ  purfukc,  from  tr 
 
 cday  the  faid  king  and  Queene  did  arme, till  the  day  of  the  C3ronatioa  of  the  fan: 
 
 Mng:  and  it  is  not  the  kings  minde,  that  fach  offenders  that  committed  any  trefpaf 
 
 />r  other  offence  out  or  the  pumices  nV/uM-goe  qiit,  or  have  advantage  of  .this  fi 
 
 ,tutc,  but  they  (hall  be  at  their  anfwerc  for  :he  f  :me  afcthc  Law.  Item, that  the  repca 
 
 '.''the  faid  Exile  which  was  made  by  Dures  and  rcrce  be  adnnlicd  for  evermore,  ai 
 
 ud  Exile  made  by  award  cUhePceresand  Commons,  by  the  kings  sflentasb 
 
W#Tt%  both  in  Point  of  Law,  andConfcic  37 
 
 fore  is  laid,  (hail  (land  in  his  flrength  in  all  points,  after  the  tenure  of  every  partial) 
 therein  contained.  Item,  that  the  Executors  of  the  Tclbment  of  all  thofe  that  were* 
 of  the  fame  quarrcll  dead  Hull  haveacrions  and  recover  the  Goods  and  Chattels  oic 
 them,  being  of  the  (aid  quarrell,  whofe  executers  they  bej  as  they  of  she  lame  quarrcll ■ 
 fhonld,&:c. 
 
 Ccrtainely  here  was  an  higher  purfuiteand  levying  v.arrc  againft:  tb«  King  and  his 
 cvill  Councilors,  then  any  yet  attempted  by  this  Parliament;  and  a  warrc  rather  ot- 
 fcnilvc,  then  defensive. in  which  the  king  himfclt  was  bo',  b  taken  tnddet&itied  Prifo*ury 
 and  then  forced  to  rcfignc  his  Crovvnc  to  hisfonnc;  yet  this  is  here  jufhtied,**  ane- 
 ceffaryjuft  andU-vfxll  warrc  bj  an  Aft  of  Parliament,  never  yet  repealed;  an:}  all  that 
 bare  Armcs  ag  irjft  the  king  and  his  ill  Counceilors,  yea  they  who  purfucd,  appi  - 
 hended,  and  imprifoned  the  king  himfclfc,are,  as  to  this  pirticular,  dilcharged  by  the 
 
 g,  and  whole  Parliament  from  all  manner  of  guile,  of  punifhment,  or  profecution 
 whatfoever  againft  them.  Which  confederation  makes  me (omewhat  confident^  that, 
 this  King  and  the  Parliament  held  in  the  25.  yearc  of  his  Raigne.oO.  2.  wHch  dec/ares 
 I  b  Treafony  to  lev  it  w  trreagawfttbe  King  in  his  %ealm?y  did  never  intend  it  of  a 
 needfary  defensive  warrc  againft  a  [educed  King  and  his  evill  Councilors  fefpecially 
 by  the  Votes  of  both  Houfesof  Parliament,  who  dcubtlcfle  would  never  pafTc  any 
 A&tornaketh:mfclves,  or  their  PoQeritiein  fucceedirg  Parliaments,  Traytors,  for 
 taking  up  mcerc  ncceiTary  defendve  Armes  for  their  ownc,  and  the  Kingdomes  pre- 
 fcrvation}for  that  had  becne  diamctraly  contrary  to  this  fiatute,  made  in  the  very  ririt 
 ycareand  Parliament  of  ihisKin?:;  and.wouldhavekydanafpcrtionof  High  Treafoo 
 upon  the  king  himielf,  :be  Qucene  his  Muther,  their  own  Fathers,and  many  of  them- 
 felvesjwhothustooxcupArmesaadmadcadefenfivekindeof  warre  upon  Xing  Ed* 
 the  21,  taking  him  pri(on:r:  but  onely  to  Rebellious  infurredions ,  of  private" 
 pftfons,withont  any  publick  authority  of  Parliaments  the  whole  Kingdomc  in  gene- 
 ral!; and  of  metre  effenfive  warres  againft  the  King  without  any  juft  occafion,  hoftili- 
 tic  or  violence  on  the  Kings  parr,  neceflitating  them  to  take  up  defenfive  Armes  : 
 which  I  humbly  labour  to  the  judgement  of  thofe  grand  Rabbics  and  Sages  bf  tftd 
 Law,  and  the  Honorable  Houfesof  Parliament,  who  arched  able  tordblvc,  and  arc 
 the  onely  IuJ^es  to  tlc^ermi'ie  this  point  in  controverfie,  by  the  cxprc(Te  letter  andpra- 
 vifionof  25.  Ed.  i.eb.  2.  of  TrcafonS. 
 
 In  the c  tirft  yeare  of  king  Richardibe  i*John  Mercer  a  Scot,  with  a  Navic  of  Spa  ■  n 
 nsfi,  Scottish  &  French  iliips  much  infefted  the  Marchants  and  Coafts  of  Etrtandxfr  **$*•* 
 king  many  pnfes  without  any  ctxc  taken  by  the  king,  Lords,  or  Counceli  to  remlrhcrr.py  "*j" 
 Whereupon  Iobn  Phi/pet  a  rich  Merchant  of  Zwi^jj,  diligently  confidcring  the  defcdV 
 tha:  I  fay  not  treachery  of  the  Z>»%  ef  Lancrferfaid  other  Lore's  who  ought  to  defend 
 m  the  .  ,  and  grieving  to  fee  the  oppreffions  of  the  people,  did  at  his  proper  charge ' 
 
 1 
 
 ties  he  had  gained  frorathe  £*£/>#:  whereat  all  the^eopie  rcjoyced  exc; . 
 Jmnocnding  and  extolling  Phi/pot  for  the  great  love  he  {hewed  to  his  Countrey,  and 
 outfom-reprcachfull  words  againft  the  Nobles  and  Kings  counceli  who  had 
 "he  rule  of  the  kingdoms  and  neglected  its  defence :  Whereupon  the  Mobility,  Earies 
 TOBaron^\rfthcRealme,  confeious  of  this  their  negligence,  and  envying  P 
 
 E  3 
 
3  8  The  LAwfdmjfe  of  the  Parliaments  necejfary  Ve fen  five 
 
 for  this  his  Noble  praife-worthy  action,  began  not  oncly  fecrctly  to  lay  fnares  for  him 
 but  openly  to  reproach  him,  faying:  That  it  was  not  lawfull  for  him  todoe  fuch  thing 
 Without  the  advife  or  co»*  ell of the  King  and  Kingdome:  quafi  non  licuijfet  fane/ace* 
 RegiVEL%EGNOfitteconfilio  Comitum  &  Baronum:  (writes  Walfingham)  as  / 
 it  were  not  lawful  I  to  doe  good  to  the  King  or  Kingdome,  without  the  advife  of  the  Earlc, 
 and  Barrens,  or. Lords  of  the  Privie  C  ounce  U,  To  whom  ob/ccling  thefe  things,  an 
 efpcciai!yto#//g6£4r/<?  0/<SVrf/mi,  who  was  the  chiefe  Prolocutor  and  fpake  mo 
 againft  it,  lohn  Thilpot  gave  this  anf  were :  c  Know  for  certaine,  that  I  have  defiinate 
 €  rny  money,  (hips,  and  men  to  lea  to  this  end,  not  that  I  might  deprive  you  of  the  goo< 
 i  nameand  honour  of  y out  Militia >  or  warlike  actons,  and  engrolTe  it  to  my  feife,  bui 
 c  pittying  the  mifcry  of  my  Nation  and  Country,  which  now  by  your  fbathfulneflc,  o 
 c  a  mod  Noble  kingdome,  and  Lady  of  Nations,  is  devolved  intofo  great  rnifcry,  tha 
 c  it  lyeth  open  to  the  pillage  of  every  one  of  the  vileft  Nations,  feeing  there  is  jione  o 
 «  you,  who  will  put  your  hand  to  its  defence.  Ih*ve  expofedme  and  mine  therefore  fa 
 t  the  Salvation  of  mj  proper  Nation,  and  freeing  of  my  Country \  To  which  the  Earl 
 \  and  others  had  not  a  word  to  reply.    From  this  memorable  hiftory  and  difcourf, 
 k  (which  I  have  tranflated  verbatim  out  of  Wat  (Ingham,)  I  conccive.it  moft  evident, 
 that  in  the  default  of  king  and  Nobles,it  is  lawful!  for  the  Commons  and  every  parti- 
 cular tub  j  eft  without  any  Commiffion  from  the  king  or  his  Councell,  in  times  of  imi- 
 nent  danger,  to  take  up  Armcs  and  raife  Forces  by  Sea  or  Land  to  defend  the  king 
 and  his  Native  Country  againft  invading  enemies;  as  Philpot  did,  without  offence  or 
 crime.  Then  much  more  may  the  Houfes  of  Parliament,  the  reprefentative  body  of 
 the  whole  kingdome,  and  all  private  Subjcfts  by  their  Command,  take  up  ncccflary 
 defenflve  Armea  againft  the  kings  Popifh  and  Malignant  Forces  to  prefervc  the  kinglfcl 
 Kingdome,  Parliament,  People  from  fpoyle,and  ruine. 
 flVal[in.hi({.      In  c  the  8.  yeare  of  King  Richard  the  2<*.  there  arofe  a  great  difference  beCweenc  the  ^ 
 \41gltMU  Duke  of  Lane after  ,&  the  king  &  his  young  compliccs,who  confpired  the  Dukes  death;  ^ 
 agreeing  fodainciy  to  arreft  and  arraigne  him  before  Robert  Triftlian  Chicfc  Jufticef|}|." 
 who  boldly  promifed  to  paffe  fentence  againft  him,  according  to  the  quality  of  thefts 
 crimes  objected  to  him.   Vpon  this  the  Duke  having  private  intelligence  oftfce.'r  trea-lf" 
 chery,  to  provide  for  his  ownc  fafety,  wifely  withdrew  himfclfe,  and  poftcd  to  hhl:  ' 
 Caftlcat  Ponfraclyfhring  it  with  Armes  a*d  VittuaUs.  Hereupon  not  onely  a  privatcl ;i 
 but  publicke  difcord  was  like  to  enf  ue;  butby  the  great  mediation  and  paines  of/*0il":" 
 the  kings  mother,  an  accord  and  peace  was  made  bet  weene  them  ;  and  this  defence  oil3"1 
 the  Duke  by  fortifying  his  Caftle  with  Armcs  againft  the  King  and  his  ill  inftrumcnrsl;^ 
 for  his  ownc  juft  prefervation,held  no  crime.  If  fuch  a  defence  then  were  held  jufll^ 
 and  lawful!  in  one  particular  Subject  and  Peere  of  the  land  oncly,  much  more  muftiil- 
 befo  in  both  Houfes  of  Parliament,  and  the  Kingdome,  in  cafe  the  Kings  Force!!  z 
 invade  them.  BoTr 
 
 p  fPAlfa-  In  the  c  1  orh  yeare  of  King  Richard  the  fee  oni  this  unconftant  king  being  infhgatecl ;iw 
 
 Hift.j£ti£?.  by  OHichaelde la  Pole, Robert  Vcere  Dake  of  Ireland,  Alexin ier  Ntvill  Archbificp oM^ 
 5  ?8,  to  167.  York**  Robert  Try fi  Han,  and  other  ill  Councellors  and  Tray  tors  to  the  kingdomejCndca-w1^ 
 Poljrc.  Fab.  vourcd  to  fciz  e  upon  the  D  uTe  of  Ghee  ft  rt  the  E  *r!es  of  Arundel l>  Warwick^,  D  rbym '?'' 
 hiornH™^'  Not^&am,  and  others  who  were  faithfull  to  the  kingdome,  and  to  pat  them  to  death  B^ 
 Tru/ni  iiTfo!  having  caufed  them  firft  to  be  indented  of  High  Treafonat  Nottingham  Cable,  ancM^i 
 &i  1  r.x.i'i hired .many Souldicrstjfurprife  them;  Hereupon  thefe  Lords  for  tiicir  ownejufl^ 
 4,  Vc.i«to7«  defenccB?^ 
 
 m 
 
 ft 
 
 U 
 Ik 
 
IVarre^  h&th  in  Feint  of  Law,  and  Cenfiience.  ^p 
 
 defence,  raifed  Forces  and  met  at  Huryr.ggje  Parke  with  a  numerous  Army  :  whereat 
 rhc  King  being  much  pcrplexcd,adviied  what  was  bed  for  him  to  do.Thc  JrMifiep  of 
 [for  kea>.d  others  of  hu  ill  CotinceU^  advijeh.  him  to  gec  forth  and  give  them  batt!e\  but 
 bid  wife/l  councilors  di/fwaded  him,  Affirming,  that  the  Kmgfjould  gaine  no  benefit  if  hee 
 Ivanqui/Ijedthcm,  and fljOH-'dfuftAi^e  great  Utfionour  andlo/fe  if  he  were  conquered  by  them* 
 In  the  rncanc  time  Hugh  Linne  an  old  Souldier,  who  bad  loll  his  fenfes,  and  was  rep u. 
 ted  a  foolc,comraing  in  to  the  Counccll,  the  King  demanded  of  him  in  felt,  rhit  hee 
 fyould  doe  ag4nft  the  Nobles  met  together  tnthefaid  Parke  f  who  anfwered;  Let  us 
 rot  forth  and  a/fault  th:m>  and  fay  every  mothers  fonne  of  thmt  and  by  the  eyes  of  God% 
 \his  being  fini/hedy  THOV    HAST    SLAINE   ALL   THE    FAITHFVLL 
 FRIENDS  THOV  HAST    IN  THE   KINGDOME.    Which  anfwere, 
 though  uttered  foolifhly ;  yet  wife  men  did  raoft  of  all  confidcr.  At  Iaft  is  was  refoived 
 >y  the  mediators  of  Peace,  that  the  Lords  fhould  mcete  the  King  at  iVeflminfler ,  and 
 here  receive  an  anfwere  to  the  things  for  which  they  tooke  Armes;  thither  they  came 
 Irongly  Armed  with  a  great  guard,  for  f  care  of  ambufcadoes  to  intrap  them:  where 
 I'he  Chaunccll  our  in  the  Kings  name  fpakc  thus  to  them.  My  Lords*  our  Lord  the  King 
 heaping  that  you  were  lately  ftffembledat  Harenggye  Parke  in  an  unvj nail manner;  would 
 \iot  rufh  upon  you  as  h'  mxght  have  cafdy  done,  had  he  net  had  care  of  yon,  and  ihofe  whs 
 herewith  you:   becaufe  no  man  can  doubt,  tf  he  had  raifed  an  *s4rmy%  he  would  have 
 ad  many  more  men  thaiyouy  and  perchance  much  Hood  of  men  had  beene  fpi/t.w'  ich  the 
 K,ing  do'h  mofi  of  all  abhorre,  and  therefore  a /fuming  to  himfelfe  patience  andmi!dneffey  he 
 ath  n.adechojceto  convent  you  pec  ceably^and  to  tell  him  the  reafon  why  you  have  a/f;m- 
 led fo many  men.  To  which  the  Lords  anfwered,  That  THET  HAD  OHET 
 rOGSTHER  FOR  THE  GOOD   OF  THE  KING  tslND  K  IN  q  DO  ME; 
 AND  THAT    THtT  MIGHT    PVLL    tAwAT  THOSE   TRAITORS 
 -ROM  HIM,  WHICH  HE  CONTINVALL7  DETAINED  kVlTH  HIM. 
 W~?e  Tray tors  they  appealed  were  the  fcrefaidill  Conncellors^ani  Nicholas  Brambre  the 
 tlfe  London  Knight:  a*dto  prove  this  appea'e  of  them  irne^cafing  dew  2  their  gloves  they 
 aid  they  would  profecute  it  by  DuellxXhc  King  anfwcred;7"^yW/«^  be  done  niw. bat  in 
 he  next  Parliament,  wl  ich  we  appoint  to  be  the  morrow  after  the  Purif  cation  oftlx  b  > - 
 ed  Vtrgin%to  which  as  well  you  ai  they  commi**gy  /ball  receive  fat  is fatlion  in  all  things 
 ccordmg  to  Larr.  Tne  1  ords  for  their  owne  fafcty  kept  together  till  the  Parliament, 
 nd  in  the  meanc  time  d  feared  the  Eorces  of  the  Duke  of  Ireland \  raifed  privately  by 
 K  Kings  Command  to  furprifc  thcm.Thc  Parliament  comming  on  in  the  1  i.ycare  o£ 
 Xghard  the  fecond  ;  thefe  ill  councilors  were  therein,  by  fpeciall  Ads  attainted, 
 ondrmnedof  High  Treafon,  and  fomeof  them  executed;  and  thefe  defenfive  Armes 
 ((  f  the  Lords,  for  their  owne  and  the  Kingdomcs  fafety,  ad/udged  and  declared  to  be 
 oTrcafon  :  b'tt  a  thing  done  to  the  honour  of  Qod,  ani  Salvatton  of  the  King  avd  hi* 
 \ealm  •  witneffe  the  cxprctfe  word*  of  the  Printed  Aft  of  n  R.  2.0  1. "which  I 
 ill  trail  f  crib  e.   Our  Soveraignc  Lord  the  Kingamongft  other  Petitions  and  rcqucfts 
 rim  made  by  the  Commons  of  his  (aid  Realme  in  :hc  faid  Parliament,  hath  rccei* 
 ione  Peticionin  the  forme  following.  The  Commons  prayed,  that  whereas  the 
 J  id  Parliament  for  caufc of  the  great  and  horrible  mifchicfes  and  pcrills  which  ano- 
 ther time  were  fallen  BY  EV1LL  GOVERNANCE  WHICH  WAS  ABOVT 
 ^  HE  KINGS  PERSON,  by  alibis  time  before  by  tAlexwler  late  Archbifhop 
 ;  i  Xcrke^Robirt  de  Veere  late  Duke  of  Irclavd7MichAcldch  Pole  late  Earlc  of  Suffolk^ 
 
 Ret 
 
4-0  The  Lawfulneffe  of  the  Parliaments  neceffary  Defenfive 
 
 6  Robert  Trififtanhtc  ulhce,and  Nicholas  B  «r*bre  Kii'ght,  with  other  their  adherent* 
 c  and  others,  Whereby  the  King  a* d  a' I  ht*  Realms ,  were  Very  nigh  to  have  beene  whom 
 €  undone  anddejhoy/d,  andioi  this  caufc,  and  locfchew  luch  perils  and  mifchiefes  foi 
 f  the  time  to  cornea  certaine  ftatute  was  madein  the  fame  Parliament,  with  a  Commit 
 c  fion  ta  diverie  Lords,for  the  wcale,honour  and  fafeguard  or  the  King,  his  regfilty  and 
 c  of  ail  the  Rcalme,thc  tenour  of  Wiiich  Commiflion  hereafter  f  oliowcth :  Richard,  &c 
 
 *  as  in  the  A&.  And  thereupon  the  faid  Alexander,  Robert ,  Mightily  Robert ,  ano  Nh 
 
 *  cholas  and  their  faid  adherents,fceing  that  their  faid  eviil  governance  (hould  be  percei- 
 
 *  ved,and  they  by  the  fa  ne  caufe  more  likely  to  be  punifhed  6y  good  juftice  to  bedonej 
 '  and  al(o  their  cvill  decdes  and  pnrpofrs  before  ufed  to  be  difturbed  by  the  fayd  Lords! 
 
 *  afligncd  by  commiflion  as  aforc;made,confpired,&parpofcd  divers  horrible  Treafonsf 
 
 8  and  evils  againft  the  King,ana  the  faid  Loras  f  >  affigncd,and  againlt  all  thcothcr  Lords) 
 1  and  Commons,  which  wereaffenting  to  the  making  of  the  faid  Ordinance  and  Com*!  \ 
 'miffion,  in  deftru&ion  of  the  king,  his  Realty,  and  all  his  Realme.    Whereupon  \ 
 c  Thomas  Duke  of  Glocefler  the  king-  Vncle,  Richard  Earlc  of  Arnndle,  and  7 homos    , 
 c  Earleo^  Wernicke,  percetrjing  tfje  efotll  purpofeof  t&e  fagD  SCragtcrs,  ato  aflembU  , 
 
 *  tbenifelto8  in  forcible  manner  fo^tbefafetp  of  tljeir  perform  to  fhew  and  declare  the  c 
 €  faid  Trcafonsand  evill  purpo'es,  and  thereof  to  fct  rcmedic;  as  <£>0D  fcuoulD,  and  ^ 
 'came  to  the  Kings  pretence,  affirming  againit  the  £rid  $.  Traytors  appealed  of  Higi  y 
 
 *  Treafon,  by  them  done  to  tht  King, and  to  his*  Rcalrne :  up  m  which  appcale  the  kin*  J, 
 c  our  Soveraigne  Lord,  adjourned  rhelaid  parties  till  this  prefer*  Parliament ,  and  die  «, 
 €  take  them  into  his  fafe  prote&ion,  as  in  the  record  made  upon  the  f ame  appcale  t ullJ  3jj 
 'appearetb.  And  afterwards  in  gre^t  Rebellion,  and  againft  the  faid  protection,  tfo'h// 
 c  faid  Traytors,  with  their  (aid  adherents  and  others  aforef aid,  continuing  their  evil  We' 
 c  purpofe,  fome  ot  them  afiembled  a  great  power  (by  letters  and  Commiflion  from  tb 
 '  King  himfellc&sfValJivgham  and  others  write)  to  have  /icltroycd  the  (aid  Dukeanr 
 c  Earics  appellants, and  othcrthekings  lawfuii  Icige  people,  and  to  accomplifti  the 
 '  Treafons  and  evill  purpofes  aforciaid .  Wbc  reupon  the  faid  Duke  of  Glocefier,  Hew 
 1  Earle  of  Darby,  the  fayd  Earles  of <tArnndell  and  WaYysickeyzn&  Thomas  Sarle  Ma\ 
 lfhdl,  feefag  tbe  open  HDeftructtcn  of  trje  ferns  arto  all  bis  ftcalme,  if  tbe fafb  still  pal  ^ 
 *pofeD£Lratfo^ani5t&  tcaOijcvcnt0,  toere  not  mffttrbeft,  tootcb  mtgbf  not  oti)crlxitl  p^ 
 
 *  fcibc  beeni\&an^fcu£  toiti)  drongbanD;  fo;  tbe  tucale  an&  fafeguard  of  Vcjt  fttng  oil  qd| 
 '^oberatgnciloa^nnb  of  all  bisHcaime^toaffembletbemfo^ctb^.anDroDeanDptlfe 
 'ftteotillf&eg  baDOtliurbeDfbefaiDpoUiergatbnxDb^tljefatD  SDrapto^,  arts  tljnral/i^ 
 'rjeroitg  aforcfaid,  which  five  Traytors  be  attainted  this  prefent  Parliament  of  tl;^ 
 'Treafons  andevillsaforefaid.  at  the  fuitcan.d  appeals  of  the  faid  Duke  of  Gloce/?eWtTt 
 €  £a"lrs  or?  Darbjr,  Arundle,  Wawir kf9and  Marjbalt.  That  it  would  pleafe  ourredoul  ■■■>-, 
 'led  Soveraigne  Lord  the  King  to  accept,  approve,  afdafjirme,  in  this  prefent  Pa-1 1 
 
 c  ment$all  that  was  done  in  the  lad  as  afore,  and  ss  much  -s  hath  bcene  done  fince  tlft  ^ 
 c  laft  Parliament  by  force  of  the  ftatute,  Ordinance,  or  Commiflion  aforefaid;  and  a  I  k|G 
 
 *  All  that  the  (aid  Dukeof  G'oc  fterEa  ^sofAmx  el'andfV  rwwh  did;  and  thatiB^: 
 '  fame  Duke  and  Earles,  and  the  faid  Earlc  t  of  Derby,  and  M  arfhall  or  any  of  them  dl  ^ 
 f  Or  any  other  of  their  company  or  of  their  aydc,  or  of  their  adherents,  or  of  am/1  ^l 
 4 them,  or  touching  the  AtTemblies,  Ridings ,  A  ^peales,  and   Purfuites  afbretfl  fe 
 '*  As  a  thing  m^dsto  the  Hononr  of  Ooi,  Salvation  of  the  King,  maintenance  t/lort, 
 * Cr8WM.9*nd*lfo of  ths Salvation  of  all  his  Regime  ("therefore do ubtlcffc  nqTrealifc* 
 
 Di 
 
Warre^  bub  in  Point  of  Lajp)  and  Confcicnce.  4 1 
 
 Rebellion,  nor  any  effcnee  in  point  ot  Law;J  anialfoto  Or  a^e  **>d  St*Mtfi}  t  atu 
 the  (aid  Duke  of  Gl  c  ft  r,Rarlcs  cA  Darby,  A  unacllj  ^and  /I/  >/£.*//,  nor  nunc  * 
 
 of  them,  nor  none  of  luc'i  as  have  bceneof  their  returns,  or  company,  fo'cc,a\deor< 
 counccll,or  any  of  them  in  the  things  aforciiid,  nor  none  other  pcrfon  for  anything 
 ifbrcfaid  fhall  be  impeached,  mold  ted,  or  griCfcd  at  the  fuftcof  the  kin£,nor  of  u 
 party,nor  in  other  manner,  becaule  or  any  alT:mbly,riding,beating,levying  or  Pcnon 
 or  of  Banncrs/iircomfiture.deacho^amanjimpriioi.mcntofany  pcr(on,taking,leading 
 away,  or  detinue  of  anyhorles  or  of  any  other  bealts,  taking  or  carrhgc  of  goo d 
 harnc  >W;  cattle,  and  other  movable  goods,  breaking  of  houfes,  or  of  other v 
 
 pjiTv-nion.cr  goods,  alTault,  battery,  robberies,  thefts,  comming   or  tarrying  with  • 
 force  and  armrs,  orarmc&m  trjG  &mgs  picfcnccat  fije  parliament,  o»<IounccU,  ojc 
 clfc  teljerc.  KdgSitg  of  people,  c;  crating  trje  people  to  rife  fc:ciblp  agamft  tljc. 
 pCOCC  by  letters,  CGmuuHtonS,  OJ  my  0t()cr  Dec&S,  or  of  any  other  thing  that  may  Q 
 bcfurmiledby  thcm,orany  of  them,oroNghtor  pur po fed  to  have  bcene  done  from 
 the  beginning  of  the  world,  touching  any  of  the  (aid  matters  before  the  end  of  this 
 profent  Parliament  by  any  imagination,  interpretation,  or  other  colour,  but  (hall  becc 
 quit  and  dilcharged  for  ever :  except  that  the  King  be  anfwered  of  all  the  goods,  and  c 
 cattels  that  were  to  them  which  be  attainted  in  this  prefent  Parliament,  or  to  any  of  1 
 them,  and  which  goods  and  things  were  taken  by  any  pcrfonthe  flrft  day  of  January  t 
 laft  paft,or  after  hitherto.  We  considering  the  matter  of  the  faid  Petition  to  be  true,  and  c 
 the  rtqueft;  of  the  faid  Commons  in  this  party  *  to  betotlje  JonOHC  of  <2oD,  anD  the    *  m^  * 
 p:ofit  Of  UBartt)  our  Keaime,  of  the  aflent  of  the  Prelates,  Dukes,  Earlcs,  Barror  s  and ' 
 allothersof  this  prefent  Parliament,  Doc  garnttte  rcqueflte  of  tyc  fatD  Common*  tnc 
 all  points,  after  the  forme  of  the  faid  Petition.  And  moreover  of  the  affent  aforefayd, « 
 We  will  and  grant  for  the  greater  quietnefTc  of  our  (aid  llealme,  though  that  the  faid  c 
 Duke  or  Earlcs  appellants,  or  any  other  of  their  company, retinue,  force,  ayde,  coun-  - 
 cell  or  adherents,  or  any  of  them  have  taken,  led  away,  or  withholdcn  any  of  our 
 lu(ticcrs,orany  other  of  our  miniftcrs,  in  difturbance  of  execution  of  the  Law  of  our  ? 
 Realms  of  E»g!aidl  or  in  other  manner,  or  that  they  have  taken  any  manner  of  per-  c 
 f  m  as  Eraitfl^JS  to  Us  0;  to  our  HealniC,  or  other  pcrfon,  and  the  fame  have  volunta-  < 
 rily  fttfF-ted  to  g  ^c  at  large.or  cfcape  beyond  the  lea  from  the  1 4th  day  of  Novemb.  la!t  t 
 part,  till  the  end  of  this  prefmt  Parliament;  that  they  nor  any  of  them  be  for  this  c 
 jcaufe  impeached,  molcfted,  nor  grieved  any  manner  of  way  at  the  iuite  of  us,  our 
 (beires,nor  none  other  party,  dut  thereof  they  fliali  be  quit,  and  dilcharged  for  ever; c 
 tnor  that  they  nor  any  of  them  b:  in  any  wife  moieltcd,  grieved,  nor  impeached  at  the  * 
 fuitc  sf  us,  our  heircs,  or  other  party  for  any  thing  done  at  any  time  for  to  a  tainc  to  f  $ 
 Jthcirpu^pofeagainflthefaH  appealers  or  any  of  them,  or  againft  any  other  perfon  /^«H 
 for  t'Ms  csufe,  nor  f  jr  any  oth.r  thing  or  deed  to  aiirmc  the  fame  purpoies,  till  the  end  Graft-  fpttS, 
 (of  this  prefent  Parliament  but  thereof  fhali  be  acqaktcd.  $toaryTn£~tiit 
 
 This  Ad  with  ethers  made  the  fame  Parliament  continued  inviolable  without  difpute-""  2I-*  **& 
 s  for  10  yeers  foace,  during  vvch  there  w:re  8.  more  Parliament*  held  w* approved  it:  \\^  c    ^ 
 ;  imt  in  2 1  /t.i.the  King  having  •  violently  feifed  upon  the  Duke  of  Gloceftcr&c  theEarlcs  cfycdaiJj  ca! 
 4  c&fVdrytx'te  and  Arundelly  and  packed  a  Parliament  to  his  minde,  by  not  fummoning  10.  will  ma- 
 
 fL*1cgilly  attainted  of  Treafonupon  rained  prerenccs,QUt  of  this  old  giudge,  and  thtvesdcieifl 
 F  A&smayfottlhr« 
 
^  i  The  Larvfulneffe  oft  be  Parliaments  ntceffarj  De fen  five 
 
 Awtsof  this  Parliament  to  be  reverted;  yet  not  this  Acl,  as  I  conceive,  which  is  part  of 
 it,teing  Specially  laved  by  2 .1.  R.i-  c,  1  3,  Bat  however  by  the  ftatute  of  1  #,4^,3, 4, 
 the  Parliament  of  zi.  wjw  wholly  repealed,  rerafed,  revoked,  voyded,  undone 
 and  annllcd  for  ever,  with  all  the  Acls,circumftanccs,  and  dependants  thereof:  and 
 this  Parliament  of  n.  R.  2.  Enabled  to  be  firtnety  holden  and  kept  after  the  purport  and 
 
 effettoftbefare;  u$  a  fgjuts  maoe  foj  tije  great  pulwar  ano  common  profit  of  ttjc 
 
 Realms,  and  ch.  5.  It  is  ordained  and  affented,  that  the  Lords  and  other  which  were 
 
 «  forejudged  in  the  Parliament  holden  the  faid  2 1.  yeare,  or  by  Authority  of  the  fame, 
 
 c  which  now  be  in  life,  and  the  hcires  of  the  Lords  and  others  that  be  dead,  (hall  be 
 
 *  wholly  reftitutc  and  reltored  to  their  names,  all  manner  of  inheritaments  and  poflef- 
 ^fionsjrevcriionsjfecs.rcvcrfions,  offices,  liberties,  and  francbifes  as  intircly  as  the  faid 
 «  Lordsand  others  which  be  in  lile,  or  the  Lords  and  other  which  be  dead,  anceftors  of 
 
 *  the  heirss,  or  the  feoffees  of  the  faid  Lords  or  other  aforefaid,  or  other  feoffees  to 
 c  their  ufe,  were  at  the  time  of  the  judgement  given  againft  them,the  faid  2 1  yeare,  by 
 «  entric,  without  other  fuite  thereof  to  be  made,  or  livery  to  be  had  of  the  lame.  And 
 «  all  the  goods  and  chattels  which  were  the  faid  Lords,  or  the  other  perfons  aforefaid  (fo 
 ^forejudged,  whereof  the  king  is  not  anfwered,  and  be  in  the  bands  of  the  Shcriftes, 
 «  Efcheators,  or  other  Officers,  Miniftcrs,or  any  other  and  concealed  by  them,  the  king, 
 
 *  wills  and  granteth,  that  thefame  Lords  and  other  which  now  be  in  life,  and  the  Exe- 
 «cutors*anaUdminiftratorsofthern  that  be  dead  ;(hall  have  thereof  delivery  andrefti- 
 <  tution;  and  that  th§  ShcrifTes,  Efcheators,  Officers  and  Miniltcrs  fo  occupying  the 
 «  faid  goods  and  chattels  by  fuch  concealment,  bee  punifhed  for  the  fame  con- 
 « cealement. 
 
 .    So  that  by  the  expreffe  refolution  of  thefc  twofeverall  Parliaments,  thefe  Lords 
 and  Commons  taking  up  defenfive  Armes  and  making  war  againft  thofc  wicked  Coun- 
 cellours  of  this  King  which  fought  their  ran^and  endeavoured  the  deftru&ion  of  the - 
 Realrnef 'though  they  had  the  kings  prefence  and  commifllons  to  countenance  all  thein 
 afbons  and  proceedings  of  this  nature,  and  the  Lords  wanted  the  Ordinances  of  both 
 houicsto  authorize  this  their  arming,  and  war)  was  foLmnely  declared  and  adjudg* 
 e4  to  be  noTreaibn  nor  Rebellion  at  all,  nor  levying  of  warre  againft  the  king  j-wi:h-*j 
 in  the  statute  of  2  5 .  E*  3 ,  but  contrary  w  ife,-  a  thing  dene  to  the  honour  of  God,  the  Sal  A 
 vationof  'the  Kmg>  (for  if  the  KingdomepcrifLor  mifcarry,  the  king  as  king  mufH 
 needs  perifli  with  it)  the  maintenance  of  his  *>*»**,.  (Tl,PPort^  onclyby  the  main- 
 tenance of  the  kingdomes  welfare)  and  the  Salvation  and  cemwen  profit  ofaS  the  Realm: 
 and  this  being  one  of  the  firrt  folemne  judgements  (if  not  the  very  flrft)  given  in  Par 
 liament  after  the  making  of  the  ftatutcof  25:  E.  3.  which  hath  relation  toits  claufe  0 
 levying  warr  muft  certainely  be  the  bed  expofition  of  that  Law  :  which  the  Parliament! 
 onely  ought  to  interpret, as  is  evident  by  the  fiatute  of  1  1 .  R.  1  o  3 .  (//  is  ordain* 
 and  fiablijhed,  that  ever)  man  whic '",  &c.or  he  thit  rafeth  the  people  and  rifeth  'train 
 the  King  to  m«k$rparre  within  his  Reafr/e\  and  of  t'b*t  be  duly  attainted  and  judged  \\ 
 t[jC  parliament  fia'l be 'ji/dged  as  a  Tray  tor  of  High  Treafon  agrinft  tie  Crowne9)  and. 
 other  forecited  Ads :  and  if  this  were  no  Treafon,  nor  Rebellion,  nor  Trcfpafle  in 
 the  Barons  againft  the  kingorkingdomc;  but  a  warre  for  the  honour  of  God,  the  falJ 
 0$on  of  theking^  the  maintenance  of  his  Crov?ney  the'fafayand  common  profit  of  n tithe 
 Reafaq  much  more  muft  oar  Parliaments  prefent  def  enfive  warre  againft  his  Majefties 
 aW  Councilors ,  Papifts3  Maiignants5  Delinquents^  and  men  of  defoerate  fortunes? rifen 
 
 pi 
 p 
 
 ii 
 
Warrc  t  both  in  Point  of  Law,  and  '^onfacnce.  43 
 
 up  in  Arracs  againlt  the  Parliament,  Lawes, Religion, Liucuie<,the  w:  jdomcs 
 
 peace  and  welrare.be  fo  too5  being  backed  with  the  very  fame,  and  farrc  better, 
 greater  authority,  and  more  publikc  rcafors  then  their  warre  was,  in  which  the 
 iafety  of  Religion  was  ne  great  ingredient,  nor  the  prcfei  vaticn  of  a  Parliament  from 
 a  forced  diiTolution,  though  eftabtifhed  and  perpetuated  b   a  Latv. 
 
 King  Henry  the  4c!i.  taking  up  Arraesagainit  King  Richard,  and  earning  him  to  be 
 Articled  a-ainO,  and  judicially  depohed  in  and  by  Parliament  for  bis  Male-adtni 
 irtation;  It  was  Enaftcd  by  the  Statute  of  1  Hen  4.  csp.  2.  That  no  Lcrdi>pir  tuall  nor 
 Temporall  nor  other,  of  what  eft  ate  or  condition  that  he  be}which  c>  me  wnh  King  Henry 
 into  the  Realme  of  England ,'■  or  none  other  perfons  whatfoever  thej  be,  then  dwelling  with- 
 in  th?   ante  Retime  ,  and  nhkh  ctme  to  this  King  m  aide  o\  him  ,  to  pnrfue  them 
 h  were  againft  the  Kt*{s  good  intent  ,    a*d  1^    COMMON      P  R  O  F  I  J 
 OF    THE    REALM  E,    imvhich  pnrfuite  Richard  late  King  of  Enghnd,  the 
 fecond after  the  Conqttej},  was  purfued  ta^enand  put  in  Ward,  and  jet  remameth  in 
 Ward,  be  impeached,  g  tend,  nor  vexed  in  perfon,  nor  i*  goods,  in  the  Kittgs  Conrr, 
 nor  in  none  other  fihrt,for  the  purfuites  of the faid  King  ,  taking  and  ruth -holding 
 of  hit  body,  nor  for  tie  pttrfmts  of  any  other,  taking  of  perfons  and  cat  tells,  or  of  the 
 death  of  a  man,  or  an)  other  thing  done  in  the  faid  purfuite,  from  the  day  of  the  /aid 
 King  that  now  is  arived,  till  the  day  of  the  Coronation  -/  Our  faid  Sovcra'gne  Lord 
 Henry.     Andthe intent  of  the  King  u  not,  that  offenders  which  committed  Trefpaffes, 
 cr  other  offences  ent  of  the  faid  pur f nits,  without  jpcciall  warrant,  Jhould  be  aydd}  n*r 
 have  any  advantage  of  this  Statute,  but  that  the)  be  thereof  anfwerable  at  the  Law. 
 If  thofc  then  who  in  this  orYenlive  Warrc  affifted  Henry  the  %h.  to  apprehend,  and 
 depofe  this  perfidious, opprcfling  tyrannicall  king,  feducedby  evil!  Counlellors  and 
 his  owne  innate  d if- affeftion  to  his   natural!  people,  delcrved  fuch  an  immu- 
 nity of  perfons  and  goods,  from  all  kinds  of  penalties,  becauie  chough  it  tended  to  this 
 ill  kings  depofition ,  yet  it\  their  intentions  ic  was  really  for  the  common  profit 
 of  the  %eglms,  as  this  Act  defines  it.    No  doubt  this  prefent  defenfive  Warrc  a- 
 loneagainftPapiftsjDclinqnents,  and cvill  Counfcllors,(  who  have  mifera'jly  waited,  4  Scc 
 ipoilcd,    facked  many  places  of  the  Realms,  and  fired  others  in  a  mod:  barbarous  ricJr ' 
 maner,  *  contrary  to  the  Law  of  Armes  and  Nations,  and  labour  to  fubvert  Reiigi-  de  jure 
 on,Laws,Libertics,Parliaments,and  make  the  Realm  a  common  Prey)  without  any  ill  lib, .  c  .;>  1 1. 
 intention  againft  his  Ma jefties  Perfon,  or  lawfull  Royall  Authority,  deferves  a  grea-  l0tZL  -2" 2* 
 tcr  immunity  ;  and  can  in  no  reafonable  mans  judgement,  be  interpreted  any  Trea- 
 son, or  Rebellion  againft  the  king,  or  his  Crownc,  in  Law  or  Confciencc. 
 
 In  P  the  33.  yearc  of  king  H.r.ry  the  6^.   (a  weake  Prince  wholly  r_;ui;edby  - , 
 the  Quccne  and  Duke  of  Sonerfet,  whoruhd  all  things  at  their  wills,  uudcr  w'  ol 
 Government,  thegrcatefr  part  of  France  was  loll ;)  all  things  went  to  ruine  bo;h  6i8.Hu//.  52. 
 abroad  and  at  home ;  and  the  Quecne  (much  againlt  the  Lords  and  Peoples  mindes)  &  n  h  6  t. 
 preferring  the  Duke  of Sommcrfet  to  the  Captsininipof  Calico,  the  Commons  and  *?J;  ', 
 Nobility  were  greatly  cfTendcd  thereat,  faying,  That  he  had  loft  Nonmndy,  asUf*  ££[s 
 would  hf  do?  Calicc.    Hereupon  the  D  vke  of  Torl^,  the  Eatles  of  Warwiche  a'd  Salij-  1, 
 biry,  with  other  their  adherents,  raifed  an  Army  in  the  Marches  of  Wales,  and  Mar- 
 ched  with  it  towards  London,  to  fupprcfle  the  Duke  of  Sommerfet  with  his  Fa&ion, 
 landrcformc  the  Govcrnement.  The  king  being  credibly  informed  hercor,aiTembkd 
 [his  Hoft,  and  marching  towards  the  Duke  ofTorJ^e^nd  his  Forces,  was  encountrcd 
 
 V  z  by 
 
4+ 
 
 The  LawfulneQe  of  the  Parliaments  necefary  Defenfive 
 
 by  them  at  Saint  vitt**es,  notwithstanding  the  kings  Proclamation  to  kcepc  ftc 
 Peace  ;  where  in  a  fee  BatteIl,thcZ>*%  of  Somerfet,  with  divers  Earles,  and  8000. 
 others  were  flainc  on  the  king,  part,  by  the  Duke  ofYerke,  and  his  companions,  and 
 the  kinginamanner  defeated.  The  Dukeafter  this  Victory  obtained, remcrnbring . 
 that  he  had  oftentimes  declared  and  publifhed  abroad  ;  The  or.elycavfe  of  this  War  to 
 be  THE  ADVANCEMENT  OF  THE  TVBLIKE  WEALE* 
 «*d  TO  SET  THE  REALME  IN  A  CMORE  COMMO. 
 DIOVS  STATE  and  BETTER  fO  NT)  ITION;  Vfing  all  lenity, 
 mcrcy,andbounce0ufneffc,  would  not  once  touch  or  apprehend  the  body  of  King 
 Henry,  whom  he  might  have  flaine?  and  utterly  destroyed,  confidering  that  heehad 
 him  in  his  Ward,  and  Governance;  but  with  great  honour  and  due  reverence,  con- 
 veyed him  to  London  1  and  foto  Weftminfter:  where  a  Parliament  being  fummo- 
 nedandaffemblcd  foone  after-  It  was  therein  Enaded,  That  no  per/on  Jhould  either 
 judge  or  report  any  pint  of  untruth  of  the  Duke  of  Yorke,  the  Eagles  of  Salisbury  and 
 Warwickc,  jfo$  commmg  in  TE&arlifce  manner  agamft  trje  fting  *t  Saint  AN 
 
 banes,  Conffomng  that  their  attempt  and  enterprife  ,   tKBa0  Onel£  tO  (tC  tyz  &in%& 
 
 ^crfon  in  feafeguarD  ar*&  &ure-fceepmg,  ana  to  pat  arts  alien  from  ^im  tljepub* 
 
 UUe  £Dpp?effo^0  Of  t^e  Common  tuealtft ;    by  "hofe  mifgovemance,  his  life  might  be 
 in  hazard,  and  his  sAmhortty  hang  on  a  very  [mall  Thred,  After  this,  the  k  Duke, 
 bHtftf,  ^r^/r.  anj  thele  Earks  raifed  another  Army,  for  like  purpofe,  and  their  owne  defence  in 
 f  »*H«}i»^Sthc  *7and  38  ycarcsof  ff.tf.for  which  they  were  aftcrwards,by  a  packed  Parliament 
 'Tow*  speed  at  Cov  entree  ^  by  their  Enemies  procurement,  "Attainted  of  high  Treafon,anlthelr 
 jmolil*.  Lands  and  Goods  eonfifcated.  But  in  the  Parliament  of  59.  H.  6.  cap.  i»   The  faid' 
 &  39  &  6.      attainder,  Parliament,  with  all  A& s  and  Statutes  therein  made,  were  wholly  %?ver- 
 fed  Repealed,  annulled-,  as  being  made  by  the  excitation  and  procurement  of  [editions. 
 illdifyofedP trfons ,for  the  accompUJhment  of  their  owne  'Rancor  atid  Covetoufneffefhat 
 they  might  injoy  the  Lands,  Offices*  Poffefpint^  and  Goods  of  the  lnwcull  Lords  and  liege. 
 People  of  the  King  ;  and  that  they  mhht  finally  dtfiroy  the  faid  lav  full  Lords,  an A 
 Lit \ie  People,  and  their  Jffuesa-d Heires  forever  (as  now  the  Kings  ill  Councilors ,". 
 and  hungry  Cavaliers*  feck  to  deftroy  the  Kings  faithful!  \Xz%z  Lords  and.  People,*, 
 t -at  they  may  gaine  their  Landsand  States;- witnerre  the  lite  intercspced'L^ter  of  Sir. 
 lo'-.n  B  oaks,  giving  ad  vif  r  to  this  purpofe  to  his  Majeftic  :)  and  this  Affembh  was  de- 
 clared; to  be  no  lawful  Par  Ham  nt.but  a  devillijh  Cotinfell^hichdt fired  more  the  deftru- 
 Ut9*then advancement  of  the  Publike  wea!e  ;  and  the  Duke,  Earles,  with  their  aflir 
 Hants  were  re(tored,and  declared  to  be  jf aic^ftil  an&  Hateful  io2TSSsatil5  jfattljful  ItCgC 
 people  of  ffje  ttealme  of  England,  tuho  alloaics  fjaD  great  ano  ifaftfull  Lobe  to 
 tlje  p:eferremenfc  ant)  &utetp  of  tlje  ftings  l^erfon,  arrowing  to  ttjetrSDutp, 
 
 If  then  chefe  two  Parliaments  acquitted  thefe  Lords  and  their  companions,  thus    to 
 taking  up  Armcs,  from  any  the  leaft  guilt  of  Tieafon  and  rebellion  againft  thcKin£r 
 bccaeKc  they  did  it  cmclyfor  the  advancement  of  the  pitbitk*  ^eaU.the  fettiw  the  Realme 
 in  a  better  eondidc-n  the-remov  ng  ]ll  Cotinfelfors^andpublikg  eppreffors  ^f  the  Realme frem*' 
 about  theK$ng>and  oreftvc  hi  per/on  out  ef  their  handt :  then  queftionlefle  by  their  re- 
 fjlutions  our  p  cfcnt  Parliaments  taking  up  dcfenuVe  armes,   upon  the  felfe-fame. 
 grounds,  and  other  important  caufes  (and  that  by  confent  of  both  Houfes,  which 
 they  wanted^can-bc  repured  nohig^  Trealon  nor  Rebellion  againft  the  King  ia,point 
 v:  Lawf  acd/iiQ  juil,  norationaii-lLi^geoE  Lawyer  can  jufliy  averre  thccontrary3 
 
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IVarre^  Loth  in  Ptint  of  Law^  and  Conf'ctcnce.  4 5 
 
 againft  lb  many  forccitcd  rcfolutions  in  laMamenr,  even  in  printed  Acts. 
 The  ■  Earlcof  Rickmund, afterward  King  #'»7  thfeventby  taking  uparmesa- ;  '- 
 
 ;\[nb  Richard  the  third,  (a  law full  King,  def.dle,  being  crowned  by  Parliament  j  l)U»  *4 J*1 
 anVfurpcr  and  bloody  Tyrant  in  Verity  ;)  to  recover  his  Inheritance,  and  Title  to  ^  V; 
 tbeCtownc,and  cafe  the  Kingdome  of  this unnaturall  blood-  thirfry  Optrcflbr,  before ujbed, 5/ 
 
 his  fight  at  #0/W/Ficld,  ufid  this  Oration  to  hisSouldiers,  pertinent  to  cur  pur-  ^ccd, 
 pole.  '  If  ever  God  gave  vidory  to  men  righting  ina  juft  quarrell;  or  if  he  ever  aided  rwJ  Henr>  1' 
 
 *  fuch  as  made  warrc  lor  the  wealth  and  tuition  of  their  ownc  naturalland  nutritive 
 fCountrey:  or  if  he  c  vet  fuccourcd  them  which  adventured  their  lives  for  there  (left     - 
 x  cf  Innocents,  fuppreflion  of  11  alefaclors,  and  apparent  Off.ndcrs ;  No  doubt,my 
 
 Fcilowes  and  Friends, but  he  of  his  bountifull  goodneffc  will  rhis  day  fend  us  trium- 
 
 *  phant  victory,  a;  da  lucky  revenge  over  our  proud  Enemies, and  arrogant  adverfa- 
 :  rics;for  if  you  rcmetnb:r  and  confider  the  very  caufc  of  our  jufl  quarrel,you  (hall  ap- 
 parently perceive  the  fame  to  be  true,  godly,  and  vertuous.  In  the  wiich  I  doubt  not 
 but  God  will  rather  ayde  us,  ("yea,  and  right  for  us  J  then  fee  us  vanquifh.d,  and  pro- 
 fliga:eby  luch  as  neither  fc arc  him, nor  his  Lawcs,  nor  ycr  regard  lufticeand  honeity. 
 Ourcauteisfo  jnl^thatnocnterprifecanbcof  more  vertue,both  by  the  LawsDivinc 
 and  Civill,  &c.   If  this  caufe  be  not  jfuft,  and  this  quarrell  godly ,  let  God,  the  giver 
 
 Iof  victory  judge  and  determine, &x.  Let  us  therefore  fight  like  invincible  Gyants, 
 and  fct  en  our  enemies  like  untimorcu?  Tygers,  and  banifh  all  fearc  like  ramping  Ly- 
 ons. March  forth  like  Qrong  and  robuftious  Champions,  and  begin  the  battaile  like 
 -hardy  Cor  quer or s;  tbe  Batteil  is  at  hand,  and  the  Victory  approacheth,  and  if  wee 
 fliamcfully  rcculc,  or  cowardly  fly,  wcand  all  our  fcquelebcdeflroycd.  and  difh> 
 noured  for  ever.    This  is  the  day  of  gaine,  and  this  is  the  time  cf  lofTe  ;  get  this 
 :dayes  victory,  and  bcConquerours;and  lofe  thisdayes  batteil,  and  bee  villains. 
 And  therefore  in  the  name  of  God,  and  Saint  George,  let  every  man  couragioufly  ad. 
 vancchisftandard  ;  They  did  fo,  flew  the  Tyrannical!  Vfurper,  wonnc  the  Field; 
 \nd  in  the  firft  Parliament  of  his  Raignc,  there  wa3  this  A&  of  indemnity  palled, 
 That  all  and  lingular  perfons  comming  with  him  from  beyond  the  Seas  into  the 
 Real  ne  of  Emjand,  taking  his  party  and  quarrell,  in  recovering  his  jVl  Title  and 
 Ri^httotheRealmcof  England,  (hall be  utterly  difcharged,  quit,  and  unpunifha- 
 r  ever,  by  way  of  action,  or  other  wife,  of  or  for  any  murther,  ihyingof  men, 
 or  of  taking  and  difporting  of  goods,  or  any  other  trcfpalTes  done  by  them,  ora- 
 ny  of  them,  to  any  pcrfon  or  pcrfonsof  this  his  Rcalmc  againft  his  molt  Royall 
 per  fori,  his  Banner  difplayed  in  the  faid  field,  and  in  the  day  of  th:  faid  field,  &o 
 
 Wnich  batteil  though  it  were  juil ,  and  no  Trcafon  nor  Rebellion  in  point  of 
 jw  in  thbfe  that  afli  ted  King  Henry  the  7th.  againft  this  Vfurper  ;  yet  b:caufc 
 he  hilling  tf  *****  and  feijingthei' goois  in  tee  timeofivarre^ungunj}  the  very  fun- 
 Unrntai  Laws  af  the  R?*lmey  they  needed  an  Aft  of  Parliament  to  difcharge 
 hem  from  fiiits  and  profccutions  at  the  Law  fer  the  fame  :  the  true  rcafon  of  all 
 i  Aclsofthis  narurc,  which  make  no  mention  of  pardoning  any  Rebel- 
 ions  or  Treafons  againft  the  King,  (for  they  deemed  their  forementioned  taking  up  of 
 tatties  no  i'uch  offences)  but  onely  difcharge  the  Subjects  from  all  fuites,  actions,  and 
 Drofecutionsat  Law  for  any  killing  or  flaying,  of  men,  batteries,  imprifoatnents,  rob- 
 beries and  crefpafles,  infeifingof  Perlons,  Goods,  Chattels. 
 What  our  Princes  and  State  have  thought  of  the  lavvfuluefle  of  ticccffary  De*'-- 
 
 S  3 
 
|tt 
 EC 
 
 ^5  The  Lawfulneffe  of  the  Parliaments  neceffarj  Defenfive 
 
 fivcWarresof  Subj stfsagainft  their opprcfiing  Kings  and  Princes,  appcaresby  xhoiz 
 
 aides  and  fuccours  which  our  Kings  in  former  ages  have  fe»t  to  the  French^  Fhm* 
 
 mingsy  zAlmaines,  and  others,  when  their  Kings  and  Princes  have  injurioufly  made 
 
 W aires  upon  them,  and  more  cfpccially,  by  thepubhke  aydcand  afliltancc  whicf^ 
 
 .      "   our  i  gwene  Eliz»tbetb  and  King  fames  by  the  puhiike  advile  and  content  of  thw. 
 
 to    Rcalme,  gave  to  the  Protectants  in  Frs.ncv,  Germ  inj,  Bohemia,  and the Netherlands aU  t\ 
 
 il9j~t.-S     gain?  the  King  of  France,  the  Emper;ttr,  a*d  King  of  Spake y  who  opprefled  andB  tlf 
 
 1157.  G>i<n-  n^VJe  Warre  upon  them,  to  deprive  them  of  their  jul't  Liberties  and  Religion,  of  ]  t 
 
 fion.MJl.  of  Yv^ichmore  hereafter.    Ccrtainely,  had  their  Defenfive  Warres  againft  their  So 
 
 f*fc*ln    veraigne  Princes  to  prc(ervc  their  Religion,  Liberties,  Privileges,  beene  detmi 
 
 ™6?i.  On.   Treaion3Reb:liion,\n  point  of  Law  \gjteene  Elizabeth,  King  James,  and  ourEnglif 
 
 &c.  and  fa?-  State,  would  never  have  fo  much  dishonoured  themielvcs,  nor  given  fo  ill  an  ex 
 
 peristt  Hi/fp.^npktptbe  world,  to  Patronize  Rebells  or  Traitours  ;  or  enter  into  any  folemn 
 
 7i°*  co8-'6*  Leagues  and  Covenants  with  [hem  as  then  they  did,  which  have  been  frequentl 
 
 renucd  and  continued  to  this  prefent. 
 
 And  to  defcend  to  our  prefent  times ;  our  King  Charles  himfelf  hath  not  onely  (\ 
 fli : w  at  leaft  )opcnly  aided  the  French  Protectants  at  %ee  and  Rocbelagzii\&  their  Ki 
 who  warred  on  them  ;  the  German  Princes  againft  th:  Empcrour ;  the  Hollander^ 
 ini*Pri*ee of  Ofa«get  ("to  whofe  Sonne hee  hath  married  his  eiitcft  Daughter)  a 
 gainftthe  Spaniard,  and  entred  into  a  {olemnc  League  with  them,  (which  hee  coul 
 not  have  done  in  point  of  La//,  Iuftice,  Honour,  Confcience,  had  they  beene  Re 
 bells  or  Traytors,  for  (landing  on  their  guards,  and  making  defenfive  Warresoncl 
 for  their  ovvne  and  their  Religions  prefer  vation ;)  but  like  wife  by  two  fevcrall  pub 
 •   like  k  sAcls  of  Parliament,  the  one  in  England,  the  other  in  *fr0f /W,  declaring>ttk, 
 kf  P  tQfi<-aCtS  ^Cots  fater*ki'4g  up  Arm's  againjl  h:m  and  bis  eviH  Councilors ,  in  defence  of  their 
 x)n  and  Ob.  'Region,   Law  s,  priviledges ,  to  be  no  Treafon,  nor  Ttgbeffiov  $    and  them  to  bee 
 livion    m      b'j  true  and.  loyall  Subje&s  {no:  with  ft  adding  all  a/psrrhns  cafi  upo*  them  by  the  P re* 
 boch  thsfe     UticaJl  ani  Poplfh  Pany)  beca^je  they  h%X  ny  ill  or  difbyall  intention  at  aS  againft 
 Kingdoacs.  his  Majefi:et  p  erf  on,  C'owne,  and  Dignity,  but  onely  aca*e  of  their  &wne  preferva 
 tim,  ani  the  redrejfe  of  thtfe  Enormities ,  Pre ffuresy  grievances  in  Church  and  State 
 which  threatn:d  deflation  unto  both.    If  then  their  feizing  of  the  Kings  Fortcs,Acn 
 munition,  Revenues,  and  railing  an  Army  for  the  forefaid  ends,  hath  by  his  Majcft 
 hirafelfe,  andhis  two  Parliaments  of  England  and  Scotland,  beene  refolved  am 
 declared  to  be  no  Treafbn,  no  Rebellion  at  all  againft  the  King  ;  by  the  very  far 
 (orbctterrcaronjailcircunftancssduelypondercij  our  Parliaments  prefent  takin 
 up  Arraes  and  making  a  DefeahVe  Warre  for  the  endes  aforefaid,  neither  is3  nor  c 
 be  adjudged  Treafon  or  Rebellion,  in  point  of  Law  or  Iuftice. 
 i  An     cxafl      In  tine,the  King  himfelf  in  h  s  l  Anfwgr  to  the  1 9 ,  Propojitiovs  of  both  VLoaks^Iutu 
 
 Golledion    3§I  <542.ConFe£feth,andcalleth  God  to  witneffe:  That  a' I  the  Rights  of  bis  Crow*   v: 
 
 of   all  Re-    "  »    ■  -     >  ■       ~      *  .    ~    t<  ~     .  .        --.         . ■<  -  ..  *    -    ./-      -- 
 
 t  j  the  detriment  of  his  feople ;  That  the  Honfe  of  Comnons  may  impeach  thofe,  who  for 
 
 tbnrowne  ends,  though  countenanced  with  any  furrtptitioujly  gotte*  Commmd  of  tht 
 King,  hav ;  violated  that  Lw,  which  be  is  >oind  (when  he  knowes  it)  to  proteUt  am\ 
 toproteclmofwb'tktbej  w:re  b. mad  to  advifehimt  a:leaft,  frit  to  fcrfce  f)tm  in  t&i|  > 
 
Wurre^  both  in  Voint  of Law 5  and  Cvnfeicncc.  47 
 
 Central")?  (IcttheCavallcers  ar.d  ethers  confidcr  this  1  )  ani  the  Lords  being  tn> 
 
 >;rb  a  Iudtcta%y  row.r,  are  an  excellent  fcreene  «  be'weene  ihn  King  ani  peo- 
 
 e     to  >t  Vfl  ***"  *g**nft  **J  Incroxhmen  s  of  the  a  he'  ;  and  bj  jufi  lad  events  to 
 
 refervethat Law,  which  oug  t  to  be  the  Rule  if  every   ne  0}  the  three    Therefore  the 
 
 >owcr  Legally  placed  in  both  Houfs,  fficftlfl ;niQje  tfjen  fuffificnf  bent  an'J  ic- 
 
 rainc  tije  poticr  of  £ly:ann£  ;  byhisMrjcfticsowneConfcffion  ;  it  muft  nc  ■ 
 
 ic  fuch  a  power  as  may  legally  inable  both  Houfcs,( when  Armesarc  taken  up  againft 
 
 hem,  by  the  King  or  any  other,  to  fubvert  Lawcs,  Liberties,  Rclij  :cc 
 
 1  Arbitrary  government  ;^not  oncly  to  rhake  Luwcs,  Ordinances,  an  i  AiTciTrmen&?, 
 
 at  like  wife  to  take  up  Armcsto  defend  and  prcfcvethcmfelve?,  their  Lawcs,  Libcr- 
 
 1  religion,  and  to  prevent,  rcftraine  all  forces  ray  fed  againtt  them,  to  fctop  Ty- 
 anny  ;  elfeihouid  they  want  nor  onely  a  more  then  fufficient,  but  even  z  {- fficien 
 ecclTary   power  ,  to  prevent  ad  reffraine  the  power  of  Tyranny  ;    which  being 
 riec  in   armes    cannot  bee   rcftraned,  prevented,   repulfcd ,    with    Petition*, 
 declarations,  Lawcs,  Ordinances,  cr  any  Paper  Bulwarkcs  and  Fortifications, r  Alhr.Gen. 
 »r  other   Ikch  probable  or  pofliblc  meanes  within  the  Parliaments  power,  m  h*tl,Hf.  fun 
 eij  bj  Arms  and  Mil'taric  Forces  ,   as  rcafon  and  experience  in  all  A&s  mani-  ty^4  ['Jf*' 
 ir» 
 
 From  ail  which  pregnant  puncluall  domefticke  Authorities  and  reflations  of  An- 
 icnt}Moderne,anc!  prelcnt  ti  nes.I  prefumel  may  infallibly  concluceiThat  the  Parli- 
 aments prefent  takir g  up  neceffary  Dcfcnfivc  Af  oicSjis  neither/Frcafon,  nor  Rebelli- 
 ng iudj'cmcntof  LaWjbut  a  iufb  and  lawfuli  Acl:,for  the  pub licke benefit  and  prefer- 
 ationof  King^Kingdome,  Parliament,  La wes, Liberties,  Ilehgion ;  and  Co  neither 
 icir  Generall,Souldiers,  nor  any  perfon  whatfoevcr  impFyed  by  them  in  this  War,  a  Crat'ianca*- 
 nr  coat: ibuting  any  thing  towards  its  maintenance,  are  or  can  be  Legally  'wdl&cd$fai^qu  [,x* 
 rofrcutcd,  or  in  any  manner  proceeded  againft  as  Traitors,  Rebels,  Delinquents  ?  and  rite  t*. 
 ^3in(t  the  King  or  Kingdome  -3  and  that  all  Proclamstions^Declar-tions,  Indiclmcnts,  »*»  '/?« '» then 
 °t  proceedings  againft  them,  or  any  of  them,  as  Traitors,  Rebels,  or  Delinquents,  ?  J'V  on 
 pre  utterly  unlawful!,  uniuft,and  ought  tobereverkdas  mcerc  Nullities.  Smuw" 
 
 It  would  be  an  infinite  tedious  labour  for  me  to  relate,  what  Civilians  and  Cano-  fa*  c-r  h 
 ids  have  written  concerning  Warrc,  and  what  \V arrets  jjftand  lawfuli,  what  not :  Tit  f.d  Art: 
 n  bricfcjthcy  all  generally  accoid  ;  n  That  no  Warre  maj  or  c*gbt  to  be  u»/ert*4*n  P;r- 
 
 %l  of  covetoufnejfe,  tuft,  ambition  ,   cruelty,    ma'tce  ,  defwt  of  hurt ,  rtvengt%  or  ft}  .  tU£ 
 
 \ooty  :  fropterpradam  emm  m'diure  peccatnm  eft ;  Whence  Job  1  Baptip,  Luke  3.14 
 avc  this  anfwer  to  the  Souldiers  who  demanded  of  him  ,  -what /hall  ire  d)e  ?   cDoe  zio-  £alvm.  Le;  1. 
 tree  ton-)  m  m :  neither  accufe  any  man  fo/Jlj  ;  and  be  content  withjottr  wages,  Ne  d;itn  7;:  < J'  T:t.Bdt 
 mptut  ci<*ru<r>m\xdogra{fettir.   Which prooves  the  Warrcs  of  our  plunclrihg,  pil- ¥*1* '$***£• 
 
 Cavallccrsaltog.ther  (innefullandun/uft  :  And  that  fuch  a  Warrc  onciy  is  j 
 tft,  h  bit  for  the  qooi and  neceffary  d- fence  »f  the  Ccmmon-wexlt  \  by  pabl, 
 
 tditl  qt  confen' ;    or  to  rejrahe  fom?  thing,  which  is  Ptvjttftly  detained  ir  taken awa/t  Pen. 
 *l  cannot  .tforwife  be  acquired  :  or  to  repel  I  or  fHnifi  feme  it  jury  ;  cr  to  curbe  tl. 
 
 I  nyof  wicked  men,  or    prefer  ve  good  men  from  their  umuefl  cpp.ejftens  5   which, 
 
 ircesou^ht  onely  to  be  undertaken  out  of  a  dclire  of  Peace;  as  they  prove  out  oF^ 
 
 •ghftWi  Cjre^orjylftdor  Hi]pale«(isy  and  others.  In  one  word,  they  all  accord;  n9#9.  r. 
 
 at  atteceff.try  dej "enfive  Warre  te  repnlfe  an  Injury,  and  to  preferve  the  S'ate,  Cwrch  Grot. 
 
 Ufi/Mfj  Freedom;*,  Lives y  Cb*ftititsf  Fftatcs,  Lawesy  Liberties,  It ttigion,  from  BlUl^ 
 
 HnJHj}  « 
 
4.8  The  Lawfulneffe  of  the  Parliaments  necejfarj  Vefenfive 
 
 unjufi  violence*  id,  andever  hath  beene  lawfull  by  the  Law  of  Nature,  of  Nation  • ;  yea, 
 %V  all  HafoeS  tDliatroeber ,  and  the  very  dittdte  of  Reafon  :  And  that  a  *ecejjarj 
 defer; five  W*"re,  is  not  properly  a  Warre,  but  a  metre  Defence,  againfi  an  unlawful  I  Vi- 
 olence; And  therefore  m*ft  of  necejfitie  be  acknowledged  lawful!  •  bee  an;  e  direlllj  op- 
 pofite  to,  and  the  onely  remedy  which  God  and  Nature  have  giutn  men  againfl  T)  ramieall 
 avdunjuft  invafions,  which  are  both  (itnefull  andunUwfull.  And  fo  can  be  no  Trea- 
 fan,  no  Rebellion, no  crime  at  all,  though  our  Trinces  or  Parents  be  the  unjuft  *Jfai^ 
 I  nts.  Of  which  fee  more  in  Hugo  Groiiusy  delure  BelU$  1,  i.  c.  I. 
 
 I  (hall  clofe  up  the  (ftviUiatis  and  Canonlfh Opinions  touching  the  lawfiilneflc  of  a 
 
 Defenfive  Warre,  with  the  words  of  Albericm  Gentilis,  Profcflorof  Civili  Lawia 
 
 the  Vniverfitie  of  Oxford,  in  Qwne  Elizabeths  Raignc,  W ho  in  his  learned  Booke, 
 
 De  Jure  Belli  &  Tacts,  Dedicated  to  the  mod  illustrious  Robert  Devoreux  Earle  of 
 
 '  Efcx;  (Father  to  the  Par  iiaments  prefent  Lord  Generally)  determines  thus,  Lib.t. 
 
 tai  13  p4£.9*.&c«  \  Although,  I  fay,  there  benocaufc  of  warre  from  nature,  yet 
 
 'thercarccaufesforwhichweundertakewarrcbythe  conduct  of  nature;  as  is  the 
 
 *cu  1  d      ' a  cau^c  °^  ^5^cncC> anc* wncr<  warre  is  undertaken,  becaufc  fomething  is  denied  co 
 
 Sent.  '         '  to  be  granted,  which  nature  it  idfc  affords,  and  therefore  becaufe  the  Law  of  nature 
 
 e  is  violated,  Warre  is  undertaken.  Wc  {ay  there  is  a  three-  fold  Defence,  one  Necet 
 
 «  fary, another  Profitable,  athirdHoneit  j  yet  wee  (hall  deeme  them  all  Neccffary.' 
 
 ci>  H:  who  defends  himfclfe,  is  faid  to  be  neccflitated,  neither  will  Baldus  have  us 
 
 b  **l-i  covfr  *  difttnguifh;  whether  he  defend  himfclfe,  his  goods,  or  thofcunder  his  charge,  whe- 
 
 4o<'&^C0?/J^  *  thernccre,  or  remote  ;  His  defence  is  necetfary,  and  done  for  neccffary  defence,  a- 
 
 *A'zr.  §  h>-  •  gain(l  whom  an  armed  enemy  comes,  and  his  againfl  whom  aa  enemy  prepares  hirn- 
 
 mkidium.       c  feife  :  and  to  fuch  a  one  the  fame  *  Baldus  truly  teachcth,  ayde  is  due  by  compact, 
 
 d  Blind,  d,  l,  <  when  others  like  wife  approve  e.  This  warre  wc  may  fay,  was  anciently  undcrta* 
 
 31.  foe  nf    <  kenagainft  Mithridates,  and  againfl:  his  great  preparations.  Neither  ought  wife 
 
 'f^Min'71'  meiito  expect,  till  he  had  profeCIedhimfclfc  an  enemy,  but  to  lookc  more  into  his 
 
 *  deeds,  then  words  :  Thus  whiles  we  fay  necefiity,  we  fpeakenot  properly,  but  we 
 
 *  underhand,  that  ncceflity  which  is  not  rare  inhumane  affaires.,  and  hath  wont  to  bee 
 f  0  pbil.  dc '  called  need : :  which  yet  precifeiy  is  not  that  true  nc€eflity,&e#  f  It  is  a  moft  un/uft 
 Ynnd}e.       c  conflidr,  where  the  one  fide  being  agent,  the  other  is  onely  patient.  There  is  a  j  uft  dc- 
 
 c  fence,  and  flaying,  although  the  flayer  might  flee  without  danger,  and  fo  fave  feim- 
 
 <felfc,  whether  the  flayer  who  defends  himtelfe  be  of  that  condition,  that  it  would 
 
 «be  a  difgraccto  him  to  flic,  or  whether  it  would  be  no  difgrace.    §  Which  opini- 
 
 §*.  °"fons  are  received  in  the  can fes  of  private  men  ;  and  to  mee  are  much  more  sppro- 
 
 ^^^/veinpablikccaufe?.  h  Defence  even  in  Bruites  is  a  Law  of  nature :  *  iti?p:rfwa~ 
 
 1.4  adlc.Aa. '  'd-d  and  conflicted  in  us,  not  by  opinion,  but  by  a  ccrtainc  imbred  faculty  •  and 
 
 Cepb.eonf.711 '  it  is  a  necciTary  Liw  •   for  what  is  there  (faith  Cicero)  that  can  be  done  againfl 
 
 ipc.i.iuci. « force,  without  force?  Thisis'themaft  approved  above  afl  Lawes.   k  A3  Lawes,  all 
 
 *c       de  fz    €  R'.fos  permit:  to  repell  force  wit '7  force.    ]    There  is  one  Law  and  that  perpetually  0 
 
 cxccliide     *  defend  fafety  bj  all  m?a»<s.  m    All  mean's  are  honefi  ocpreferving  fafety  :  th;*,rea- 
 
 Humxid.        €  fon  to  the  Leaded  neceffuj  *>   Barbarians,  cufi  me  to  Nat  onsy  nature  it  felfe  to 
 
 {  Amm\<Li.\    «  ypildeBeaJlsL,  hath  pre fcribei\  ant  this  is  no  written,  bn-  borne  yor  native  Law,  Likc- 
 
 j  Qic.proMf  «wi(e>  to  defend  our  EftatcsJis  a  neceffary  defence,  andchisisajdftcauieor"  defen- 
 
 f*  cling,  if  wee  bee  alTaultcd  by  warre,  though  wee  ourfelve*  have  demented  the! 
 
 /.varrc  :  which thing 5 others, and Pmlm  Cafirsnfis  have  taught.  Aid  it  will  fcl- 
 
 2  Chi 
 micidiu 
 
 1 
 
Warre,  both  in  Point  of  Law ,  and  Conference,  a  q 
 
 ♦■low  andaddcthis  rcafonjbecaufc  thcLawor  Force  of  warrc  is  not  cnacd  by  cb- 
 ctaining  the  things  firlt  demanded; but  waikes  according  to  the  corqucrcrs  pltaiuic. 
 cn  Who  is  content  to  repay  io  much  revenge  one ly  3$  he  hath  received  wrong  ?  i 
 j  e/f *£«/?*«', and  all  know  it.This arbitrary  power  all  not  fulducd  rr.ay  jufily  decline^  n  A'&  l9- 
 and  therefore  defend  themfdves  againft  it  with  Armcs.Wi;nefics.°  Iudges  who  arc  co** tar 
 enemies  arc  repelled,  although  they  againft  w  hom  they  proceed  gave  the  caufc  of  rhc  „  ^  r    . 
 c  enmity,  p  To  one  in  A>  ma  he  gives  aff  [kings,  tv  '  0  denies  jufi  things :  {aid  Cafar.  Nci-  \  jc  J 
 c  thcr doc  wc hcarc  make  quctti#n  of  ebat  blamelcfTc  moderation-  where  there  is  no 
 <fuperior.  Tbcfe  things  therefore  arc  avoyded  :  and  therefore  trie  caufc  ok  Remains  l '  C^^i-P"' 
 <  ^bal  1  be  (aid  right  to  me,  who  defended  himfelfcby  war  againft  the  invading  Sahtuesy  "  ^  p#  J 
 ^albeit  he  had  given  them  caufe  of  warre  and  offence,  by  the  rape  of  their  wo- 
 men. 1  Th?  force  *j  necejftty  is  fo great ',  nhen  men  are  preyed  with  ss4rmes>  that  theft  1  Bcdnu^-a\ 
 
 hope  is  left  but  in  Armes*  Extrcamc  neceflity  is  exempted 
 c  all  Law,  And  yet  I  reftraine  not  the  prefent  definition, to  extreame  neceflity,  or  t3kc 
 *  extrcamc  according  to  the  condition  oi  mens  affaires  :  for  be  it  fo,  let  it  be  no  nccef- 
 cfiric,  which  may  be  no  neceflity;  Romulus  might  have  avoyded  warre  by  reftoring 
 €  the  raviflied  womenj  yet  he  might  likewite  defend  himfclfe  againft  the  enemies  even 
 c.fbonc  after  marching  againft  him,  I  ft  ay  not  in  this  definition  :  for  that  is  a  qu  eft  ion 
 c  belonging  to  Citizens.  *  He  who  being  banifhed  may  be  hurt  without  danger,yct  he  *  ^n  {  ,  it 
 may  defend  bimfeife.  up, 
 
 €  CHAP.    XIII I.    \D<?  utili  Defnfone :  He procccdcs thus, 
 
 <  f  Call  that  a  profitable  defence,  when  wo  move  warrc,  fearing  Ieaft  we  our  fclvcs 
 t  Ifhould  be  warred  upon ;  f  no  mm  is  fooner  oppreffed  then  he  which   fcarcs  no-  ,  p    y  j 
 c  thing,  and  fecurity  is  the  moft  frequent  beginning  of  calamity.  Thisfirft.  Nest,  we 
 
 ought  not  to  expect  prefent  force,  it  is  more  fafe  if  wc  raeete  that  which  is  Future. 
 
 There  is  more  hope  dndmoye  courage  in  him  th*t  infers force ',  then  in  him  rvh$  repels  it : 
 c  he  hath  more  courage  who  inferrcs  danger,  then  he  who  rcpulfeth  it, c  Livy  and  VI-  « Lm.u  IK 
 Qg*tiu$:  if  the  encmic  (h  :>ulj  once  prevent,  all  things  arc  difturbed  with  fea1  e;  it  be- 
 chovcs them  therefore ( (nth x Ntcef horns ^nhldomn  ofnocontcmpriblcauthoriry)  u   lga'  l* 
 c  who  would  live  without  danger,  to  mcete  with,and  prevent  impendent  eviils,  and'HiiV  !•$• 
 cnotto  delay  or  expect,  that  thou  mayft  revenge  the  received  injury  with  danger,  if 
 c  for  the  prefent  thou  maift  cut  out  the  root  of  the  growing  plant,  and  fuppr^ftc  the 
 Endeavours  of  an  encmic  wrn  thinkes  ill.  And  y  Suidas,  yea  Dcmoftbtnes;  warre  is  y  ^    :     . 
 
 not  to  be  delayed  but  urged,  ieaft  being  firft  injured,  we  be  compelled  to  repulfc^;^4'' 
 
 force*  This  fas  the  Latin  Ve'noflhenes  Cicerj  fiirh  )  is  likewise  a  difgracc,that  if  thou 
 c  mayft  prevent  future,  thou  wouldcft  rather  redicflc  Prefent  evils.  That  rude  youth  *  0/#.  /,  4  y, 
 4  iikcwjfe  (fobath  nature  it  f;lfe  prefcribed  this  La w  J  x  I  would  rather  lookc  to  our 
 «  fdvesjthen  I  would  be  revenged  having  received  injury: a  But  Philo  moft  excellent-'  Tm*t.4< 
 
 <  ly,that  wc  prefently  flay  a  fcrpent  at  the  firft  light,  although  he  hath  not  hurt  us;  nor  f*jj^  J€  *   ■ 
 t  perchance  will  hurt  us;  fo  carcfull  arc  we  of  our  fclvcs  before  he  move  himfclfe.  ^  " 
 c  Am  I  not  over-tedious  to  thee  in  naming  thefc  Authors,  which  yet  are  none  of  ours  ? 
 c  But  the  conf;nt  of  various  and  many  authors  is  great  reafon,  c\c.  Neither  yet  omit  I, 
 
 G  things 
 
 L 
 
5  o  7  he  Lawfttfoefle  ef  tht  Parliaments  neceffary  Defenftve 
 
 4  things  held  in  lieu  of  provcrbes,  and  therefore  prove  much  what  they  fignifie. 
 b  Perf.Sat.  i ,  '  b  Me  etc  the  approaching  difeafe.  Withfland  beginnings^  elfe  medicines  are  provided  over* 
 Ovid.x.de  '  late.  NegleUed  fires  are  won:  to  get  ftrtngih.  Behold  fomething  out  of  theAu- 
 jin.  Hortt.  « thors  of  la  w  : c  It  is  better  <  o  keepe  Laves  unvhlated,tben  afterwards  tofeelee  remedy* 
 **cfbiXit  '  d  It  is  Ujyfull  to  prevent  i  One  prow  dtr>gto  offend,  I  offend  lawfully  $  and  others  of  this 
 li  l  ul'X  Tit* €  nature,  which  arc  more  defined  to  humanity,  and  approved  by  mens  judgements. 
 a/.U^&C,  c  c  No  man  ought  to  expofe  himfelfe  to  danger:  no  man  ought  to  expeft  himfelfcto 
 T.deStii.li-'  befmittcnor  flainc  unUflc  hcbcafoole.  Weoughttomectc  the  offence  not  onely 
 f  Baid.^ovf  <  which  is  in  aft,  but  that  likewife  which  is  in  poffibility  to  acl.Force  is  to  be  repelled 
 V)P rf^^  and  propulfcd  with  force;  therefore  not  to  be  expeded;  in  which  expectation  tterc 
 *B(ilvConf  c  are  alfj  both  other  the  fore£aidcertaine  evils,  and  that  likewife  which  is  mentioned 
 3^4.}»».  c  in  the  caufes  of  private  men,  leaft  perchance  by  giving  the  firft  ftrckc  we  be  flainc;  or 
 ,4kx%.  i44»  'leliweyeeldby  flying, and  be  oppreffed  lying downe.  But  not  to  flye  is  torcpell 
 €U.§.Homtct-c  forccs  all  thefe  things  arc  clear e,  and  tried,  and  mod  apt  to  warlike  tractates. 
 diurOiZaf'  &  t  ^Vhat  followes,  hath  fome  doubt,  when  the  thing  may  feemc  to  come  to  that  paffc, 
 T<Dec.  conf*  *  that  wc  muft  now  run  to  this  profitable  defence/  A  juft  caufe  of  feare  is  required  ,iuf- 
 601.'           c  pition  is  notfufficicnt.  Now  s  a  jull  fearc  is  defined,  a  feare  of  a  greater  cvili,  and 
 
 *  p .1,5  A  im^ c  fuch  as  may  defervediy  happenunto  a  conftant  man.  But  here  in  this  great  caufe  of 
 »** <***•    .    €  Kingdomes,  a  fearc  that  nodammage  (hould  happen  although  not  very  great,  or  if 
 
 *  ®e  i7m[ll,  c  there  be  an  evident  caufe  of  feare  although  the  danger  be  not  true, but  the  caufe  one- 
 *SffJU«7«c»3* C  'J*  °f  ^earc  iu^j  *s  Efficient '•  but  not  when  a  man  feares  that  he  ought  nef^&c.Buc 
 
 '  concerning  prevention  there  arc  notable  things  in  »  GelUus.  Inall  things  to  be  taken 
 
 *  heed  of^thcrc  is  not  the  famccaufc;  neither  in  the  affaires  and  actions  and  Offices  of 
 
 *  humane  life; or  of  taking,  ot  deferring, or  revenging,  or  bereaving.  Toagladiator, 
 
 *  ready  to  fight  this  lot  of  right  is  propounded;  either  to  flay,  if  he  (ball  prevailc,or 
 
 *  tobeilaineif  he  fhali  give  over.  But  the  life  of  man  is  net  circumfcribed  with  fuch 
 c  unjuft  untamed  neceflities, that  therefore thouou§h:eft  firft  to  doe  the  injury,  which 
 
 •*ck.pw>  to,    t  unleffe  thou  malt  doe,  thou  mayeft  fuffcr.  And  Cicero ; k  who  hath  ever  ena&cd  this, 
 
 Jll*i8M*c*lS c  °r  to  whom  can  it  be  granted  without  the  greateft  periil  of  ail  men,  that  he  might 
 
 '  lawfully  flay  him,  of  whom  he  might  fay  hebathbecne  afraid,  left  he  himjclfa  might 
 
 r be  flaine  afterward  by  him  ?  yet  rightly,  not withfianding,  the  Mitilems  againft  the 
 
 iTbunid  l.$*   r  Athenians.  l  If  weft  em?  injurious  to  any^if  -we  have  firft  failed,  not  taYrying  till  wee 
 
 *  might  pi amely  kn°w}  if  they  woulddoe  hs  anj  h%rt :  he  do'h  not  rightly  confider  for  if  we 
 s  hadbeene  of  e  quail  pwer,  -we  m  ghtfaf  ly  l*y  ambujbes.  for  thtm  «g#ine ,  and  we  might 
 
 *  delay:  then  he  Jhou  Id fpeahe  truth :  but  fix  a  they  have  t-.lv  ayes  wit  3  them  a  power  of 
 [hurtmgyttbefetmedHs  to  have  this  power ■,  that  we  m'lgbt  anticipate  a  defence.  Why 
 ■  2gaine  doe  we  aske  for  Bartolujfes,  or  "Balduffes  witn  whofc  bare  names  we  might 
 
 *  reft  fatisfied  ?  and  yet  doe  not  more  cftecmc  the  defence  of  a  moft  noble  Republick, 
 c  yea  of  Thncidsdes^  a  moft  noble  man,  and  the  fcntence  of  a  moft  wife  man  fortified 
 
 *  With  reafcm?  And  feeing  there  may  not  be  one  probable  caufe  of  feare,  and  generally 
 
 5  nothing  can  be  defined  concerning  it,  here  we  mall  onely  fay,  that  it  hath  al  waves 
 c  beene  very  considerable,  and  at  this  day,  and  hereafter  it  is  to  be  confidered,  that  po- 
 
 *  tent  and  ambitious  Princes  may  be  refilled,  for  they  being  contented  with  no  bounds 
 »2Lpnaru*.  €  will  atlaftfometimcor  other  invade  the  fortunes  of  all  men.  mThus  the  Romans 
 nPaufanias,  c  m0vc  warre  againft  <?/;',%  left  Greece  being  fubdued,  he  feould  firft  make  warrc 
 
 J  upon  them.Thus  n  Lyfimwhm^  vfhcnDemttriM  had  gotten  the  Kjngdom*> fearing 
 
 leaft 
 
Wane,  bath  in  Point  tf  Law,  and  Confitcmc.  5 1 
 
 leaft  he  fhould  provoke  him,  firil  moved  warrc,  for  he  knew  that  Demettisu  l>ad 
 it  from  his  father,  alvvayes  to  thinkc  of  promoting  the  Empire.  Thus  the  °  Lacedc-oxcroUb.j, 
 monlan  Embafladors,  move  the  King  of  Sicily  to  warrc,   b'caufc  all  the  reft  of  the 
 Grtcws  being  overcome  by  Perfa,  he  might  \n  like  manner  (lirrc  up  warcagaind 
 the  Skuli :  Men  lay,  iy  helt  ing  us  thou  maijt  d  fendthyfelfe.  Thus  the  P  Lacademim-  t  Xcnop,f. 
 4»/themfclvcs,periwadedby  the  Acanthti  tookc  up  warrc  againft  the  Ofymhi*  l**'4* 
 whobyconqucrin^  their  neighbours  every  where,  and  proceeding  alwayes  to  fur- 
 ther parts,  they  ma  dc  no  cncJ  of  warres  and  of  encreafing  their  dominion.  Thus  the 
 0  Camp***  for  the  FitffeMagaitlft  the  Strumites,  and  they  fay.  iVe  have  fought  in  word  ^L-     ... 
 for  the  FidimmWj  in  deed  fir  cur  ft  Iyer  \  when  we /aw  a  neighboring  people,  to  be  fet  u~on 
 by  th   wick^  plundering  «f  the  Samnites  :  and  when  tie  Fidiini  had  bcene  i '■■flamed , 
 that  fire  no  <ld  h  reaper  be  transferred  upon  us  :  which  alfo  T  Herrwcrates  a  juliman 
 of  Syracufe   doth  any  of  **  thinke,  that  a  n'ighb  our  further  off  being  already  overcome  '  Thuc.  ltb.6{ 
 the  calamity  mil  net  come u  on  him  a '  0?  Thus  r  I'erfeus,  thus  Mttridates  did  move 
 and  call  in  others  againtt  the  power  of  the  Romans :  for  neither  arc  occafions  o^Stlu^fra^; 
 Warrc  wanting  to  thofe  that  afpire  to  the  Empire,  and  now  they  arc  hated  for  their 
 power.  Which  thing  tApfius  fomewherc  faith  to  thofc  his  Romans^  and  it  ap- 
 pcarcs  moft  true ;  for  by  ay  ding  their  confederates  and  friends,prcfencly  they  got  the  trDion  lib'% 
 Empire  of  the  whole  world.  But  to  omit  thefc  manifold  examples,  which  even 
 «  others  have  thus  noted,  and  which  do  thus  declare  to  us  the  Law  of  Nations,  which 
 wc  feckc;  might  not  all  men  moftjiiftly  withftand  the  Turks  on  that  fide,  and  thc-Bo^     ^ 
 J^ia*  ^onthis,  meditating  dominion  every  where  and  plotting  it?  for  indeed  rcp.aU. ' 
 the  Turks  wrongs  not  many,  nor  yet  the  Spauia  d,  neither  can  the  one  or  other  doc 
 it;but  they  both  doc  injury  to  fomc,  and  he  that  doth  wrong  to  one,  threatens  many : 
 fliali  warres  thcmfelves  be  expected  ?  wc  have  heard  of  the  Turhes  before,  and  wc 
 all  fee  it :  if  any  one  difecrncs  it  not  of  the  Spaniards ;  he  may  hcarc  of  P.  fovius,  **  S!T4 
 that  the  nature  of  the fe  are  both  impotent  aid  greedy  of  bearing  rule*,  and  when  they  have 
 once  crept  iny  endeavour  alwayes  by  all  meanes  to  attainc  the  vigh-fi  power.   Therefore 
 weoughttoreji/t*  audit  is  z  better  to  beware  that  men  encreafe  r;ot  too  much  in  power ,,  ^     .,    ^ 
 then  tofeeke  remedy  afterward  ag^ir.fi  the  mighty.  a  Whi'e  the  enemie  is  little,  kill  him.  t  Jj^  *  Lfa 
 WickcdnclTc.left  I'arcsgrow/istobccrufhedinthcfccd.  Why  arc  not  thefc  fay- * HUrlEpi.il' 
 ings  of  Hierome  pertinent  even  here  ?  Wc  cannot  j'oyntly  red  t  a  common  danger.* 
 b  a  common  fearc  unites  even  thofe  that  are  moft  divided  and  furtheftcfT;  and  that  *  Bal.i.conf. 
 by  the  inllinft  of  nature,  and  our  c  3  nidus  teachcth  out  of An  ft  tle\  This  is  the  tea.  2,  6.6. 
 fnofEmpjresfhat  they  may  not  hurt ;zs  hc,whofoevcrhe  was,  faid  wcl  in  Dionyfus, (  7)ton  **^ 
 and  nothing  more  true,  and  uttered  as  it  were  from  an  Oracle,  Inthejudgcmc  t  o£\ 
 Ttodin  :  '■  It  is  fuffcient  to  hive  power  to  hurt^  anitha*  which  can  dtftroy  other r,  dct  thou  F  r ^rJ '    m 
 deftroyfirftcas  aptly  here  the  witty  Poct;and  -ruly  it  is  very  grievous,that  wc  may  pol-  cere  fat  eft 
 fibly  fitter  an  injury  although  we  doc  not  furTcr  it :  as  c  Plutarch  fpeakcth:  and  Quodquepo* 
 f  'Baldus,  that  it  is  la  wfull  to  ufe  meanes  for  refinance :  nor  ought  it  to  be  in  the  po  w-  ^i^ospa* 
 crof  anadverfarytohurtus  if  he  would  :and  that  wc  ought  to  confider,  that  which  dcre>Perdc 
 hurtcth.aiid  that  which  can  hurt.  Even  the  continuing  of  concord  among  the  elc-  ^°{ut  Pomp! 
 ments  is  this,  by c  cquall  proportion,  and  while  in  none,  one  is  fubdued  of  the  other:  •  ^aLi%conft 
 0  Andthis  is  that,  which  that  mod  wife,  molt  dofirous  of  peace,  and  father  of  peace,  19M02. 
 Laurer.cius  Medces  procured  alwayes,  that  the  affaires  of  the  Italian  Princes  fhould  '  AM'  & 
 be  balanced  witftecjuali  weights,  whence  both  Italy  might  have  peace,  whichboth  f^£    - 
 
 G  a  "Guhliti. 
 
5  z  The  Lawfulnejfe  oft  he  Parliaments  neceff'ary  Defenfive 
 
 '  it  had  whiles  he  lived,  and  was  the  prefcrver  of  this  tern  per;  and  which  peace  cca  fed' 
 
 *  when  he  deceafed,  and  that  tempc  ature.  The  great  offspring  of  Medkes.,  was  a 
 
 *  great  fafegard  both  to  his  ownc  City  and  the  reft  of  Italy :  doth  he  not  as  yet  indca- 
 
 *  vour  this,  that  one  fhould  not  be  able  to  doe  ail  things,  and  all  Europe  come  under  the 
 ;       'command of  one?  un'cffc  fomeb:  able  to  vctihthc  Spanyard,  Europe  will  certainclyv 
 
 *Mf;Ec>o£*    c^  'ifany  will  pull  a  middle  ftonc  out  of  the  wail,  uponwhkh  all  relics,  the  reft 
 
 tpoiyb.lib.i, « being  carried  together  will  follow.  hNo,  thismuft  never  be  permitted,  that  the 
 
 '  dominion  of  any  ftioui  i  grow  {o  great,  as  neither  to  doubt  before  fo  much  as  of  moft 
 
 «  manifeft  injuftice,  which  ToljHns  faith,  and  faith  againe:  whence  Hero  therefore 
 
 c  ayded  the  Carthaginians  againft  the  Mercenaries,  lcaft  the  Carthaginians  being  opw 
 
 ;xia.'.4*«     cpreffed,  the  Romans  fhould  be  able  to  doe  all  things.  Thus  « Livie  of  tho  diverfc 
 
 c  conceits  of  men  upon  the  war  of  the  Romans,  and  Per  feus,  that  fome  favored  him 
 
 tf  fome  them,  but  there  was  a  third  part,  the  beft  and  moft  prudent,  who  would  have* 
 
 c  neither  part  to  become  hi  ore  po  wcrfull,  the  other  oppre(Ted,for  fo  themfelvcs  fiioiaM 
 
 sjbcintheb:ft  condition,  alw  ayes  protecting  them  from  the  injuries  of  the  other.*' 
 
 e  And  thefc  things  ingenioufly,  Marcus  Catofor  the  RhodUnsx  who  thorow  hatred  to 
 
 *§tkit»  1.7.  6  the  Rcmms%  by  their  good  will  at  leaft,  or  wifhes  had  favoured  Perfeus,They  would' 
 
 <• v  €  not  that  wt  fhould  have  conquered  the  King  :  but  alfi  m  my  other  people,  and  many  Na- 
 
 e  tient;  a>td  partly  not  for  rej>ro<chfaket  but 'becaufe  they  teared%that  if there  were  no  man 
 
 a  whom  we  ft wd  U  aw?  of  "toe  might  doe  what  we Uft%  and  every  one  of  us  if  any  thinke  any 
 
 g  thing  to  be  attempted  againft  hisowne  cftate,dcth  even  with  huftrengih  contrarilyendea* 
 
 «  vour  that  it  be  not  attempted  againd  Ulm^  This  the  Embafta  ior  of  Perfius  had  thus  diP 
 
 «  cuffed  before  the  Rhodws,thar  they  ought  to  endeavour,  that  the  right  and  power* 
 
 f  or  all  things  be  not  devolved  to  one  people.  Cato  adds,  that  their  will  ought  not 
 
 '  "\  c  to  be  punifhed  fo  much,  becaufe  it  ought  to  be  difcerned  more  certaincly.  1  C&fai* 
 
 lTs'w*liK  c  jptj,  not  contradict,  who  thus  difputcs  of  railing  of  warre  againft  King  drioviftus; 
 
 <,  that  he  ought  to  be  pur.iflieJ  before  he  became  great,  or  fliould  doc  any  evill,  evert 
 
 «  bscaulc  he  had  a  thought  to  doe  them  hurt.  Neither  ought  this  to  be  underftood  of 
 
 *  L -.it  5.d.    « tnc  naked  thought,  and  bare  will;  but  of  that  which  hath  afifumed  tie  Acl,  declared 
 
 T  8.-  '  <  in  another*  pi  accjthat  King  was  now  fearefull-to  the  Romans  in  Eran&^nd  his  Armes 
 
 <  tbreatned  danger:  Cafar.  therfore  wifely  and  jutily  thought  that  there  was  no  farther* 
 
 <  delay  to  be  nude,but  that  he  might  reftraioc  Armcs  with  Armes.The  r  Switzers  late-* 
 ftitfwu.J*    e  ly  very  wifely,  that  they  will  fivour  neither  the  Fr&nch  nor  Emperor,  but  would 
 
 1  ksepc a  league  with  them  both,until  their  Armies  (liouid  not  be  hurtful  to  the  Helve* 
 c  ti  n  Common- wealth.  But  I  conclude,  the  defence  is  juft  which  prevents  dangers' 
 « Already  meditated  of,  already  prepared;  and  alfo  not  thought  upon,  but  very  likely,' 
 
 <  poffible :  yet  neither  this  laft  (imply;  or  would  I  call  it  juft,  toendeavour  this  war,' 
 •  as  fobnc  as  ever  any  ihould  be  made  too  potent;  which  I  doe  not  affirme.  For  what 
 <c  if  any  Princes  p  >wcr  ftionld  be  incrcafed  by  fucceffions,  by  elections ;  wilt  thou1 
 
 <  trouble  him  with  warre,  becaufe  his  power  may  be  dangerous  to  thee?  Another* 
 
 )ing  therefore  muft  be  added  concerning  Iuiticc.  Wc  will  adde  to  others,  wh<r 
 vhat.thcy  have  thought  of  a  juft  vvar,  attend,  , 
 
 I 
 
rVarrc,  both  in  Point  of  Lmv,  and  Confacnce.  5  3 
 
 CHAP.    XV.     Of  Honeft  Dffe»c: 
 
 ITrcmaincsto  fpcake  of  honed  dc fence,  which  is  undertaken  without  e  of 
 
 danger  to  us,  f ought  for  no  want  of  our  ownc,  for  no  profit,  but  or.cly  for  other 
 mens  lakes,1  ami  it  rclicth  upon  thisfoundation,that  (as  Marcus  TuH'hs  (aith)na'.urc  *  I  ?    deju: 
 hath  ordainc.i  among  mcnamViry,  and  love,  and  good  will,  and  the  bond  of  good  &  >• 
 will,and  that  the  law  of  nations  is  placed  in  the  fociety  of  men  ,  which  therefore  is, 
 called  by  Cicero  alfo, b  CmM,  e  Thus  Verilic  the  Stoickes  would  have  the  City  of  the h  c*f'*  Je^ 
 whole  world  to  be  one,  and  all  men  cob:  commoners,  and  townefmen;  and  like  one  ^/c^'  '    •  ' 
 Heard  feeding  together  in  a  Common  ground/  All  this  that  thou  bcholdcfr,  wh.rcin  *  NUepb.&2 
 heavenly  and  earthly  things  arc  contained,  is  one;  and  we  are  members  of  one  great  Ha* 
 body,  and  the  world  it  (cite  is  one c  body .  But  Nature  hath  made  us  allyed,  feeing  flic 
 hath  begotten  us  of  the  fame,  and  in  the  fame,  alfbendewed  us  with  mutual!  love, :  *cn  *?•*** 
 and  hath  made  us  fociablc.c  And  this  our  focictic  is  molt  like  the  joyning  of  (tones,  in 
 a  wall;  which  would  fail,if  the  (loncs  did  not  wichfiand,  and  uphold  cne  another,  as  f 
 Senega   excellently;   and  which  as  f  Gtiliw,  confiftcth,  upboldcn  as    ic    were,  Ge!Jtb  6- 
 with  a  mutuall  contrariety  and  fupport.    s  This  is  the  defagreeing  concord  o£tHor '**&*% 
 things,  as  Horace  fpeakes,  andwc  al'b   before.  And  now  thou  hcarcft  that  ali^'1' 
 the  world  is  ono  body,  and  all  men  are  members  of  this  one    body,  and  thou 
 hcardtrhc  worldtobeanhonfe,  and  to  bs  a  City;  which  hearc  againc,  for  they  a  c 
 beaatifull*   The  world  ii  the  great eft  boufe  of  things ,  thus  Vtrro.  h  Man  is  kfiddfc* Sev>ult<hnti 
 ere  it  H-e>  and  being  home  for  the  good  of  ad .  looses  upon  the  world  as  one  hptffii  thus 
 Senea  :  agatnc  LaUantius  faith,  the  world  is  a  Common-wealth,  having  one  r  i  7 ..-; •;,*; 
 brmc  of  government,  and  one  Law;  k  fhih;  there  is  one  Commonwealth  of  aj]2)e'\c«  r°* 
 and  a  common  City  of  ail,  1  TerttiUi^nyMmutm ,  and  alfo  in  Ariftotle,  There  is  one  '  Fhl-  u(c 
 great  City  :  what  an  harmony  is  here  of  wi(e  men  ?  Addc  touching  Society  that  of  faf.  *f. 
 Cicero;  Scciet-  inthela'grfl  extent y  (which  tboaghitbe  often  fayd  wcmvft  repra'e  more  «^* 
 often  is  of  men  tow  or  sm'»>  more  inward,rf  thofe  t^at  are  of  the  famf  Countrej^  nsA-  °Ci 
 ero"  thofc  that  are  of  the  fa  -re  City  and  in  another  place :  We  are  fo  borne  that  there  l  xL 
 may  be  a  c  rt  ine  Societie  htw-'n-all;  but  greater  at  any  one  is  nearer  :  Citizens  are 
 b    ter   bm  (hangers  •  kindred  bavForriners.  And  thus  doth  °  Augttfiine  note  there  9*  it 
 
 focieties^hefiritof  thchou(hold,the  fecondof  the  City, the  third  of  the  world/^* 
 anlfiith,  alltbcNnionsmthcworldare/oyncd  together  by  humane  focictie.  Tut 
 what  is  this  fociety  and  conjunftion  ?  Among  the  s;ood  there  is  as  it  were  a  nccciTa- 
 ry benevolence,  which  fpring of  friendiliip^isconOtitutcd  of  nature;  but  that  fame 
 goodneffc  belongs  alfoto  the  multitude  ;  forverttxe  is  not  inhumane,  nor  cruell, 
 nor  proud,  which  will  not  looks  upon  all  people,  writeth  Oc€Y0>  a*d  p  A*brofey  tl  j 
 Maw  of  nature  bin  des  u>toallcrnritv;  that  one  (houid  bearewtth  another,  as  mem-6;", 
 '  bers  of  one  body  :and  fo  alfo  q  Bahius^z  are  borne  for  our  own  and  for  grangers  by  '^%  c   r'rU 
 thebondof  Charity:  thole  tha^  fay,  care  ought  to  be  had  of  Citizens,  deny  itof  r'^^^ - 
 (t«ngers,thcfe  men  take  away  community  and  fociety  of  mankinde,  Alfo  Cicero  :  6. 
 which r  La%*ntiw  both  citcth  and  hath  approved.  And  the  fame  Cic  ero.  fit  is  a  hi-  '  Ctx  7*&it  '- 
 thy  opiman  of  them^who  rdfaffi  all  things  to  thcmfelv€s,filthy  indejdc,  for  man  i   ! 
 
 9  3  >  tor. 
 
 • 
 
5  4.  The  Lawfulneffe  of  the  Parliaments  neceffary  D  efenfive 
 
 c  borne  for  focicty,  and  it  is  his  ■  duty  to  hclpc  others,  and  not  Mvc  to  himlelfc  onely : 
 ■ GaU.  & '  •  c  and  for  this  caufc  fleer*  condemned  the  PkUofopbers,  becanfe  while  they  lacked  one 
 *>etr'4,  c  kmde  of  juftice,  and  ("as x  another  holy  man  writes)  fulfilled  indeedc  the  grcateft 
 *Hier.Bp.i4(  part  of  equity,  not  to  hurt  any,  they  offended  againtt  the  other,  becaufe  they  for- 
 
 c  fooke  the  fociety  of  life,  and  fo  forfooke  this  part  of  juftice,  to  profit  when  thou 
 y  Claud.  4.  ccan(t;yDoft  thou  not  fee  how  the  world  it  fdfe,  the  mod  beaucifull  of  all  workes 
 conf.  He.  doth  binde  it  felfe  with  love  ?  we  are  z  bound  by  the  Law  of  nature  (fo  fayes  the  in- 
 ^Rom.conf.  '  tcr  prefer  of  the  La  w)  to  be  profitable  every  way.-  and  the  a  fame  men  deliver  an 
 4*0.  *  €  equal!  defence  of  their  ownc  and  of  Grangers,  but  fpccially  of  confederates,  from 
 ■  Decconf.  c  whom  we  muft  keepe  orTan  injury;  and  that  this  defence  is  both  of  divine  and  hu- 
 f69de°uft  *" c  mane  ^w.  b?/^^thinkcs,he  ought  co  be  punilhcd  that  keepes  not  back  an  injury  0f„ 
 b  piat^dt  <■  *erec*  to  another.  Now  that  which  Plato  and  thefe  Interpreters  fay  of  private  Gtizens 
 kg,  c  wc  tnay  very  well  apply  to  Princes  and  people :  for  what  rcafon  there  is  of  a  private 
 
 man  in  a  private  City,  there  is  thefamsm  the  publicke  and  univcrfail  City  of  the 
 cBal,  1.  conf    world,  of  a  publique  Citizen,  that  is,  of  a  Prince,  of  the  people  of  a  Prince:  c  As  a 
 IV*         a  C  Priv&tQ  mm  ^th  relation  to  a  private  m  n,  io  a  Prince  to  a  Prince,  faith  rBaldtui  *  A 
 Sen4i.i.  dcc  man  is  a  Citizen  to  a  man  in  the  greater  City,  and  borne  for  routuall  fuccour  faith 
 
 c  Senec*.  And  becaufe  we  are  one  body,  if  one  member  wiil  hurt  another  member,  it 
 
 c  is  mccte  the  others  (hould  hdpe  that  which  is  hurt,  becaufe  it  concerneth  the  whole, 
 even  that  which  hurtcth,  that  the  whole  be  preferved.   So  men  (hould  helpe  men,, 
 for  focicty  cannot  be  preferved,  but  by  the  love  and  fafety  of  the  people,  e  Ve/pa- 
 e  Xiphil.        c  tian  cannot  be  approved  who  denies  ayde,  I  know  not  to  whom,  upon  this  pretence, 
 
 *  becaufe  the  care  of  other  mens  affaires  appertained  not  to  him :  for  what  good  man 
 '  Cic«7.fa.i  2.  c  is  there  who  doth  nothing  but  for  his  o  wne  fake?  t  Cicero  againe,  even  to  s  Lazisu 
 *  Procop.  2.  c  K{ng  0fperfiay  that  he  is  not  therefore  juft,  becaufe  he  doth  nothing  un/uftiy,  unlefle 
 $  ■  alfo  he  defended  the  un/uftly  oppreffed ;  and  by  that  mcancs  they  obtained  helpe,  and 
 
 bands  of  Souidiers  againft  the  Romans:  for  it  is  not  a  ftrange  thing  amonglt  men. 
 fcCic  r  pro  C  k*r  a  man  t0  defend  the  eftaces  and  fafety  of  men. h  Cicero  had  faid  the  fame;  hejhwld 
 Own, '  c  have  refpetk  if  nn  of  thcman,yet  of  humanity -,  which  is  due  to  every  one  from  every 
 
 c  one,  for  this  vcrycaufe,becaufe  they  are  equally  men :  and  humane  nature  the  com- 
 JIttft.  Ge.an.  c  mon  mother  of  all  men  commends  one  man  to  another,  *  It  is  a  noble  example  of 
 l\  c  the  barbarous  King  of  Mauritania :  who,  when  he  heard  that  his  enemie  sAfonfo 
 
 c  king  of  Caftile,  wasprelled  and  aimoft  oppreffed  by  the  Armies  of  his  forme,  hec 
 fent  a  hughe  mafle  of  gold  unto  Alfiffi*  hehimfelfe  went  over  with  a  great  Armie 
 
 c  of  Souidiers  into  Spaine^  judging  it  a  moft  un  wonhy  thing  that  his  Sonne  (hould  ex- 
 
 €  pell  his  Father  from  his  Kingdomejadding  withal!,thar  the  viftory  obtained,hc  would 
 *Lb  21  d*  *  be  an  enemie  againe  unto  the  fame  Afonfo.  What?  doe  I  fcare  the  Barbarians% 
 he!vd  acre. « enemies  alfo,  and  bringing  gifts  ?  That  the  deed  of  an  enemy  (hould  be  taken  in  the 
 •Caftr.U.dc  c  Worftfen:e  ?  doth  k  Guiceardinc  fay  truth;  that  thefe  things  arc  not  done  of  any  but 
 juft.AL7.17-  in  hope  of  fjmc  profit  ?  The  faying  of  gnicciardi*e  is  difpraifed  by  noble  M-un- 
 27  C]&\I'  taKn  in  tn°fe  niS  Noble  ex  miplcs  ?  1  demand  of  what  right  it  is  ?  It  is  a  queftion-, 
 micidium  ?"  *  l^n^  ^e  00unc^  by  ^a w  Zo  clelrcn^  another,  when  he  can?  and  they  fcemc  commonly 
 Be  conf.678. €  to  deny  this,  and  the  1  Law  fomctimes  fakb.  that  we  may  without  offence  neglect  o- 
 n  Lib.5.  de  « thcf  mens  affaires  :  but  our  proper  qieftion  is;  if  any  can  thus  /uftly  defend  another? 
 app  iaf J  iJe€m  wherein  no  man  denieth  juft  defence,  even  for  the  defence  of  a  ftranger  it  is  law 
 ^'^e^nf\fuU  to  kill  another,  by  the  opinion  which  is  approved  of  allDoftors;  nye*,  thede- 
 
 7?2Cuia,;o.«  fenC5l 
 
 obf.  20. 
 
Warrey  both  in  Point  of  Law,  andConfcitnct.  5  5 
 
 *  fence  of  him  is  approved,  that  ncglefts  to  defend  himf  cifc,  yea  that  refufcth  to  be  dc- 
 c  fended  by  anothcr^whether  a  friend  defend  him  or  another,cven  an  cnemic:andthus 
 
 it  is  called  the  rule  of  humanity,  and  (b°  a  benefit  to  be  conferred  oftentimes  upon 
 » the  unwitting-  Soalfo  there  be  many  other  definitions.  Alfothcy  concludcby  anar-  'L.j9.«Lne, 
 
 *  gumcnt,not  he  me  enough  that  way,in  another  quell. on:  that  a  man  may  take  money  sc*  I,fc54« 
 
 *  fordefending  another,  which  he  {hould  receive  difhoncltly,ir  he  were  bound  to  de- 
 
 <  fend  him  by  law  :  for  may  not  a  fervant  get  a  reward  from  him  whom  yet  notwith- 
 c  Handing  he  might  not  neglect  without  puniGimeni  ?  neither  is  it  difhoncftly  given 
 
 c  nor  difhoneftly  taken  >in  way  of  thankeful  nefTe.  r  So  it  is  not  ill  taken  of  a  Citiz.cn  front  ^a  ^J*1  ' 
 a  Citky  ntr  by  afonnrfrcm  a  father  :  for  tritely  it  is  manifefi,  tbatnany  th.n:s  cannot  PU.  ^.dclcg! 
 be  dent  without  oft  net;  a  -d  th  rcfore  ij  cone  they  are  worthy  of  rewards ,  yet  not  ofpu- 
 
 Q  mfimenty  tfthfy  he  not  done,  esSg*iney  fomcthin:s  on  ihe  contrary  negtefted,  indeed  con- 
 
 <  trail  0  fence  > at reformed  t key  merit  notary,  fo  fevnxd  :  to  which  I  adds  a  meane9 
 that  therp  before  things  wht(h  being  neglelfcdc  ntract  offtnoe,  tnd  fulfilled,  defervere- 
 
 (vj  d.  q  But  alio  even  in  tha  Court  oft  onfeience  they  will  have  a  man  to  be  bound  td  l*3**  **'h6 
 ^defendaman.  ■  Bntconfcichceisthewillof  agoodman,  yeaofthebeft:  butthcy  ^"aMuic/ 
 ■  deliver  this  *lfo  even  in  the  way  of honefty :  and  wc  follow  honefty  here,  and  that  dc  ju.  Ucimp« 
 'arbitcrment:  r  but  both  in  Civil! and  Canon  Law,  againft  the  reft  Bartolm  inclines  fAIc.Lcon[. 
 cthu$:  AlbericHSjIgncvtSyDcciiu,  dlciatus,  Afolineus,  fo teach:   and  l<Baldtu  clc-17.M0l.ad" 
 «  gantly,  that  it  is  a  fault  to  omit  the  defence  of  another*,  of  himfelfe9  a  tre  zckery  :  w  hich  ^cc-l  i  dc 
 rJlfp  in  another  place  he  determines.  P/a'o  is  alfo  of  this  mind  ;  and  thus  alfou#r*-™8\ 
 tfidttifrte  btm  to  whom  injury  is  done,  out  of  the  hand  of  the  injuria,  I  alfo  am  of,^  \i°qa~ 
 ;j|hc  fame  minde,  efpecialiy,  if,  which  the  forewarned  interpreters  addc,  defence  befer  fug. 
 not  made  with  the  danger  of  the  defender.  x  For  no  man  is  bound  to  put  himfelfc u  Eale.4. 
 indanger;nomanisboundfotoaiTiftagainflafire.  y  Otherwifc  thou  hcarcft  C^-*^1*1-1^ 
 ftantive  fay,  that  they  which  live  by  the  rule  of  Goes  Law,  account  an  injury  done  ?^Vr  1    - 
 to  another,  to  be  their  owne.  Behold  that  thus  alfo  he  ayded  the  Romans  jgainft  ^c ;x*£ 
 AlAxentms.  Heaxc  againe  Baldxs  his  Lawycr,he  that  defends  notmor  rcfitts  an  inju- 
 ry, is  as  well  in  fault,  as  he  that  forfakts  his  parents,  or  friends,  or  Country  :  and  ifi  Cic,i.dcc/F. 
 th:fe  be  true  in  private  men,  how  much  more  will  they  be  in  Princes  ?  Thefc  mutu- 
 ally call  themfeives  Cofens,  Cofen-gcrmans,  Brothers.  They  are  fo  much  the  more 
 true  in  Pprnces,  by  how  much  if  a  private  man  defend  not  a  private  man,  the  majc- 
 ftrate  remaincs,  that  can  both  revenge  the  wrongs,  and  rcpairc  the  lodes  of  private 
 men,  but  there  is  none  can  pecccupthc  injuries  and  hurts  of  Princes,  but  the  fame 
 Prince,  who  after  had  rather  appjy  a  medicine  to  the  evill,  than  hinder  at  the  firft  that 
 evil!  be  not  don?.  Thefe  things  are  true,  but  that  alfo  you  may  hold  with  a  Baldut^2\\.io.\^ 
 1  that  although  thefc  were  not  true  out  of  Philofophie  of  judgements,  which  is  ofc.dcop.lc. 
 thiogs  nccviTary  :  they  are  certginely  tt  nefrem  philofophie  of  manners :  which  confifts 
 of  things  perfwid:dy  which  Philofophie  alfo  we  follow  in  this  whole  Treatife.  The  F  hilofc- 
 \pkieof Judgements , permits a  mm  tone gleil  even  himfelfe%i&  Baldns  writes,  and  if 
 1  befides,  as  it  falls  out  almoftalvvayes,  another  fpeciallcaufe  be  joyned  to  this  gene- 
 i|    rail  rule  of  honed  y ,  it  may  come  neerer  to  JHftice.  Let  the  opinion  verily  be  true  for  me% 
 *    that  this  cattfe  of  hsnefly  ahne^psrch  tree  hath  never  mcved  any  man  to  that  honeft  de- 
 i  fence.  ^Gmccizrdincs  mouthfaydtruefyf  no  Prince  will  maty  warre  for  Pefants^un-^  q^c  ^  2 
 x]  tefeperfradedtoitb  defireofhis  ownegaine:  yet  that  is  ignommoHs  to  Princes  and  fa- 
 1  vours  not  of  juftkc  *._but  I  had  rather  concurrc  with  Leo  the  Phifofofber,  We  know 
 
 very. 
 
j  5  The  Lawfulneffe  oft  be  Parliaments  neceffary  Befenfive 
 
 *Aabr.  ide 
 
 *  very  tew  to  kcepc  true  love,tor  its  lake  alone  to  be  ftirrcd  up  to  luccoar  thofc  that  arc 
 '  intanglsd  in  mifery,  but  on  the  contrary  fide,  that  the  number  is  very  great  of  thofe 
 
 *  that  for  hope  of  getting  any  thing,  come  to  helpe  the  unworthy:  which  is  a  more 
 c  mild  faying,  and  I  thinkc  more  true.  But  I  fecke  another  thing,  it  is  compleate  ju- 
 '  ftice  which  defends  the  wcake :  fo  d  Ambrofe^  and  the  Canon  Law,  and  I  feckc  for 
 'thatluftice.  The  R omans  alCo  joymd  this  caufe  with  others  by  which  they  were 
 
 » j.q7j  /  ■  moved  often  times  to  make  warre: e  the  defence*  of  the  Lucans  ffaith  Dia*y[v*s)  was 
 ''Dionf<4.de  *  the  manifeft  caufe  of  thzSamnitk  all  warre,  which  might  haveafhew  of  honcfty,  as 
 %&?  I  common,  and  a  Nationall  cuftome  of  the  Romans  to  aydc  thofc  that  fled  unto  them: 
 
 *  but  the  fecret  caufe  which  did  moreurgc,was>thc  power  of  the  Sammies  was  great, 
 -  and  greater  would  it  have  beenc,  if  the  Lncans  had  becne  fubducd,  fo  the  reafon  of 
 'profit  lyes  hid:  and  therefore  fecmes  not  fo  good,  as  it  is  honeft:  and  yet  we  call 
 
 *  profitable  alfo,  good  and  j'uft,  and  the  one  is  made  juft  by  the  other:  therefore  what 
 fLf.^iex  «ifthcy  be  dearc  unto  us  whom  we  mould  defend?  tVlpianut  faith,  that  for  lovcand 
 ta.wpo-eA.    c  friendmip,  for  noother  reafon  defence  ought  not  to  be  omittcd.The  defence  of  thofc 
 
 <  that  ought  to  be  deare unto  us,  is  from  nature,  witneffe  M.  ThIHhs.  What,  if  our 
 lArio.de  off. c  ames  and  confederates?  sHethatkcepcsnotof  an  injuric  from  his  fellow  when  he 
 h  Liv^  i.  ?  4.*  c  can,  is  as  well  in  fault,  as  he  that  dothiu  Am$rofe>  and  h  even  we  our  fclvca  arc  hurt 
 1  «  de  Repri' c  when  our  fellowes  are  hurt :  as  in  Livie.'x  Lohn  Bo  din  J  udgeth  amiffe,  that  an  ally  and 
 ulu  f  a  confederate  is  not  bound  to  helps  his  fellow,  if  there  be  no  caution  of  helpe  in  the 
 
 c  league;  and  the  contrary  is  now  foewed  by  us,  and  alio  (hall  be  (hewed  in  the  thircL  , 
 *mn  Afoja.  c  booke.  What  if  they  be  of  thq  fame  ftocke  and  blood  f  Agefilam  made  warre  againft 
 «rhe  Perjiws,  that  he  might  bring  the  Greekes  of  Afia  into  liberty.  And  the  pettic 
 I lovi  1*  1 1  i    fi  Kings  of l  Qermanie  by  an  oW  cuftome  of  the  Nation,  thinke  it  an  haynous  offence, 
 4  not  to  be  aflift  mt  to  thofe  that  implore  mutuall  helpe :  although  there  is  there  befides 
 c a  ecrtainc  body  of  a  Common-wealth :  as  it  is  reported  long  fince^that  there  was  of 
 e  the  esfchri.  Wnat  if  of  chc  fame  Religion  ?  m  Nations  arc  joyncd  together  by  the  rye  j  J 
 »OrojM'C<*^6i  Religion,  more  than  cither  by  the  communion  of  another  law,  or  contract  of  a 
 c  league :  and  therefore  if  we  implore  nature  by  communion,  the  law  of  Nations  by 
 .<  covenant,  the  Common-  wealth  by  Iawes,  by  common  Religion  (the  moftpowerfulj 
 i  thing  of  all)  we  implore  the  bowels  of  men  and  of  the  holy  One,  who  is  the  head 
 n  Troccp.  ii  .<of  that  communion, n  So  there  was  warre  with  the  Perjians,  becaufe  their  fugitive! 
 Perf.&cau.  .  4  wcrc  not  delivered  them,  and  they  were  not  delivered  by  the  Romans,  who  would JL 
 /.  17.C.57.       ttiotdifpifc  the  humble  profc {Tors  witto  them  of  the  fame  religion,  who  fled  from  thjlL 
 j  PerJta*ctiitltymThu$?itftittus  anfwered  thcPerpanjh&t  he  could  not  but  receive  thofc 
 4  of  the  Chriftian  Religion,  falling  away  to  him  from  the  Perfian, who  compelled  them 
 •  Aid.  1 8«  §. « t0  fotfoke  Chriftian Religion.  And  our  writers  doc  thus  rcfolve,  that  warre  may  b< 
 SacraM  y.o. !<  made  if  any  converted  to  Chriftiai  Religion,  (hould  be  opprcfled  by  their  Lordgj 
 .4and  tint  for  the  right  of  focicty  contracted  from  convcrfion.  What  if  neighbours  ll 
 6p  for  what?  had  I  not  very  many,  very  juft  tycs  of  familiarity,  of  ncigbbourhooffliLi 
 tof country,  of  friendfhip  to  defard  PUnctul  faith  Cicero.  And  here  is  our  cafe™ 
 P  Gic,  pro    ,  «<i  Wc  are  in  danger  if  our  neighbours  houfe  be  on  fire,  for  if  fire  have  fiercely  takei, 
 pane.  jhjldof  fomehoufss,  they  will  hardly  be  defended  but  that  the  next  houfes  will  b|j 
 
 ^burnt,  which  was  eifewhere  in  «SW*/?,  and  now  in  Ovid.  f  Fire  that  is  netre  is  harim^ 
 ikept  off  from  honfes :  it  if  good  that  we  abftain* from  neere  adjoyned  places:  which  ver£|'fC 
 tare  proverbiall  in  this  thing;  and  proverbs  addc  1  ome  credit.  This  notes  fomcthm 
 
 th 
 
Warrc)  both  in  Point  of  Law,  and  Conscience.  5  j 
 
 '  that  as  it  is  law  full  tornillour  nci^hcotirshoulcduwno,  lraft  the  fire  fliould  come  to 
 €  us  f|ind  that  qucft  ion  of  a"  houicii.fdcd  is  the  feme  ,ahh  ugh  touching  this  it  is  an-  *2>i 
 '  Ave  red  contrary  ;    Y  Yet  the  HjuIc  infected  with  Lcprolie  was  pulld   dovvDC  6<>l- 
 *  And  in  many  cafes  it  is  f>,that  wemaydo.:  ill  to  others,  that  it  be  not  ill  wkb/J'Cfit*l*'  . 
 us.  Wc  mutt  beware  of  all  contagion,  clpccially  of  our  neighbours;   the  ill  ccnta-  &  i\9A  l*l% 
 *  gions  of  a  neighbouring  People  are  hurcfull.     a  The  HynAnt  (faith  FIjtm)  as  a 
 ccrtainc  infection  ranne  over  all,  and  taking  in  all  the  nccrcft  people,  brought  all  [P° j  *•*• 
 Jtaiy  under  them,  and  wharfo^vcr  Dominion  they  h:d.bBefbrc  fire  is  the  vapour  and 
 fmoake  of  the  Chimney,  Syracides  alio.   So  wc  fee  fmoake  from  our  neighbours  'c.6defecxt 
 fire,  an  J  will  wc  not  runne  and  put  out  the  fire  where  ic  is  ?  Iris  c  written  agamc,  okvg  an  so 
 c  that  it  is  lawfull  for  any  to  hclpc  his  neighbour  againft  an  injury,  vcj,  he  fterucs  to 
 1  bt  partaker  of  a  fault,  who  doth  not  aydc  his  deadly  foe,  even  ipeaking  againft  help% 
 [  nor  yet  de firing  it.  Concerning  which  I  have  noted  bcforc^ndwill  note  further  in  the 
 Chapter  following. 
 
 CHAP.  XV:*  Of ajding  Sufyctts  that  are  Strangers  *  gain  ft  their  Lord. 
 
 I  Demand,  if  wee  may  juftly  defend  Subjects  alfo  that  arc  Strangers  againft 
 their  Lord  ?  What  if  their  caufe  alfo  be  un;u(t  ?   *  Ambrofc  noteth  thole  three  iUh  l    , 
 gods,  /#^7*r,  iW/tf  #«<?,  and  Pinto,  have  thus  Articulated,  left  upon  their  intrenching  o^.'i/. 
 ononeanothcrs  jurifdiclion,  they  might  make  Warrc  among  thcmiclvcs  ;  they 
 fhould  not  ufurpc  the  rule  of  the  Sea,  &c.  b  They  fay  likewife,  that  we  gods  have  b  Em ,  mf. 
 this  Law,  none  of  us  will  erode  the  defirc  ofhimthtt  willeth,  butwee  yceld  al- 
 ways one  to  another.  Which  being  the  fictions  of  very  wife  men,  arc  appjyed 
 unto  Princes  of  the  earth.  But  even  without  any  circumflance  at  all,  the  Corin- 
 thitns  fpeakcthustothe  Athenians;  c  We  doc plaincly  deny  that  any  is  forbid-  CO^&tfJ? ■  - 
 den  to  punifh  his  owue  :  for  if  thou  fhalt  defend  thofc  that  have  offended ,  even 
 your  owne  Sub ;*eds  will  defend  themiclvcs  from  you.  Yet  I  tbinke  not  Subjects  of 
 pother  men  arc  altoge  her  Grangers  from  that  neerenflc  of  nature,  and  union  of  Soci- 
 rcty,  you  doc  alfo  cut  off  the  unity  of  mankindc,  whereby  life  is  fuftaincd,as  excel- 
 lently *  Se»ec*.    And  if  wc  make  not  Princes  la  wle(Te,  tycd  to  no  La  wes  nor  Con-  d  *M  Bend) 
 ;ditions  :  Itisneceflary,that  there  be  fomc  to  admonifh  them  of  their  duty,  and 
 may  hold  them  faft  bound ;  which  reason  I  expounded  in  the  fecond  Booke  of  Em- 
 battles* Neither  will  I  heerc  infer  any  confufion  of  kingdoraes,  or  any  infpc&ion 
 of  one  Prince  over  another  Prince  :  neither  doe  I  fufTer  thofc  things  to  bee  di- 
 ftinguifhed,  which  are  moftfirmcly  glued  together  by  nature,  I  meanc,  that  fcia- 
 rcd  with  all,  among  all.  Neither  here   otherwiie  may  one  Prince  have  in- 
 fpeftion  over  another  Prince,  but  fucb  as  may  happen  by  every  other  Warrc, 
 ;whcrcinoncPrinc«carricshimfclfcas  a  judge  both  of  himfclfc,  and  of  another. 
 If  aqucftion  were  among  private  men,  itwercmoft  unjuft  togoeto  a  Torraignc 
 Prince  about  it.  Alfo  if  there  arifc  a  difference  bctweerce  a  private  man  and  bis  So- 
 'craignc,  there  arc  Magiftrtcs  appointed  which  may  be  fought  unto.   But  when 
 he  controverfie  is  couching  the  Common-wealth,  there  neither  are,  nor  can  be  any 
 udgesinthe  City.  I  ortl  ckat  a  publikc  matter,  when  fucb,  antffo  great  a  part  o£ 
 
 H  <th* 
 
5  8  The  Latvfulneffe.  of  the  Parliaments  necejfary  De fen  five 
 
 _ 
 
 w  the  Subic&sis  moved,  thac  now  there  is  need  of  Warrc  againft  thofc  that  defend 
 <■  themfclvcs  by  Warrc.    And  as  if  thofe  fhould  come  into  part  of  the  Principality  of 
 
 <  the  publike,  and  arc  Pcercs  to  the  Prince,  who  can  doc  fo  much  as  hce.  c  Even  as 
 '  Ce?b< 6lu    c  one  King  is  {aid  to  be  eq lall  to  another,  who  can  refill  another  offering  wrongs 
 
 c  however  greater,  and  more  powcrfull  ,•  although  I  fay  not  thefe  things  ot  the  SubJ 
 
 jcftuhemlelves,  unleflTeit  be  in  rcfpccT:  of  Forraigne  Princes,  which  will  aydc  the] 
 
 4  Sub;  eft  againft  their  Soveraigne,  and  who  can  aydc  them  no  otherwife  then  in  A 
 
 c0u.  R?in. c  controvedie,asI  have  expounded,  of  the  Common-wealth,  f  And  indcede,  if  the 
 
 recca.j),ir.p.9.  cSubj's&s  be  ufed  more  cruelly  and  un/uftly,  this  opinion  of  defending  is  approved 
 
 &f-  i'J"8ff  i  even  of  others,  who  both  bring  that  laudable  example  of  Hercules ,  the  Lord  of  Ty-L 
 
 iTJt  Cio  zl  I rants  anc*  M'^nfters.  There  is  alfo  the  example  of  Confimtiney  who  ayded  the  RoA 
 
 dedjf.      '  *    *****  againft  Afaxentins,  as  I  noted  before,  g  We  defend  Sonncs  againft  injuft  Fa-jj 
 
 s  BiLUb.+.c.  cthers.  Addc  now  thofe  golden  Sayings  of  h  Seneca. That  being  cut  off,what(ocvcr*' 
 
 deiuji.  &*    c  was,  whereby  he  did  cleave  unto  mc,  the  Society  of  humane  right  is  cut  off.  If  I 
 
 *sen    it  d    c  doe  not  impure  my  Coantrcy,  but  is  burdenfome  to  his  owne,  and  being  ban 
 
 Binef?  *     cnifhed  my  Countreydoth  vcxe  his  owne,  yet  fo  great  naughtineffc  of  minde  had 
 
 c  cut  him  off:  although  it  maketh  him  not  an  enemy,  yetbatefull  unto  mce.   Am 
 
 thereafonof  the  duty  which  I  owe  unto  mankinde,  is  both  more  prcciws ,  and  man 
 
 cp9ty?rftt/l  with  me y  then  that  which  I  owne  to  one  fingle  man*  Thus  verily ;  or  d 
 
 cwe  make  all  men  foreigners  to  all  Princes,  if  we  determine  that  they  can  doe  a< 
 
 <  cording  to  their  pieafure  and  luft.  Now  what  if  the  caufe  of  the  Subject  be  unjuft 
 <Theforcfaid  Authors  deny,  that  men  ought  to  ayde  uniuft  Forraigne  SubjefL, 
 clcaft  any  by  fo  ayding  introduce  the  fame  Law  into  his  owne  Kingdomc,  which  thi f 
 
 ]Eth.i.*?.    QCorhthians  did  before.   Yea,  i  %Anftotle  thinkes,  that  neither  a  wicked  Father  Ipi 
 C*f*T.  »•  defi   to  be  love  J  nor  afiiftcd  with  helpe.  Bur  this  is  falfe  of  a  Father,  as  I  taught  in  accj  'jo 
 
 [to 
 
 $s  **  r  taipe  Diiputation,  perhaps  it  is  more  true,  that  thofe  m  \y  be  defended  oi  us  by  w 
 
 c  whoareun/uft.   For  if  it  be  a  juft  warrc  which  is  to  rcpulfe  a  wrong,  althou 
 
 ithey  that  repuifc  an  injury,  have  given  occafion  to  the  warre:  the  fame  it  fee 
 
 cmay  be  determined  in  the  defence  of  others,  even  of  Sub/efts,  for  the  fame  r 
 
 t  ion.  Surely  there  is  that  iniquity  in  Warrc,  that  it  will  make  the  fame  man  to  pr 
 
 ^nouncc  law  to  himfelfc  in  his  owne  caufe, or  verily  willing  to  pronounce  it.  Vpon 
 
 which  pretence  another  Prince  may  bring  ayde  on  the  contrary  fide,  tha:  thing!  ; 
 
 !  flu.  F/Fih.  c  may  more  civelly  be  compofed  without  warrc.  And  this  is  that  which  k  Pyrrhw  dici^ 
 
 cwhen  he  came  to  ayde  the  Tarentines  againft  the  rB^mtnes\  headmonimedtheBMi 
 
 lCtau.  conf,  «  firft,  that  they  would  by  their  owne  endeavour  put  an  end  to  the  Controverfte  ;  alLii, 
 
 2lf'  Cef'r7  '  t^ou8n  neither  the  Romans  would  not  un/uftly  hearken  unto  the  King  •  or  becaaHmoil 
 
 Bat  Ui.de/er.  ^  t'neymight  deftrvedly  (ufpecl  him,as  being  fent  for  by  enemies,arnud  with  enemijltliei 
 
 »AU*  7-covJ-  €rcady  to  fight  for  enemies,  and  of  kinne  to  enemies.  l  Hee  that  ftands  armed  wifijoidj 
 
 \C*pb*  7*1-    another,  is  faid  to  bring  helps  and  ayde  unto  him ;  neither  is  there  neede  to  prooVlW 
 
 »  ufii6  .^cany  thing  agaiaft  that  at  all.  Even  he  that  arm:s  him(elfe,is  belcevcd  to  thinkeuffe 
 
 r   Clc  h C  on  warre*  An^  m  ithcthatisthc  friend  of  an  cnemie  bee  excluded  from  beingj'm 
 
 ^5o,       ^  ^witnefte,  much  more  from  being  a  Judge.  "For  it  Is  ea(icr,  if  any  be  rcceivcflc?^ 
 
 ^>  L.47.^rc«f°r  a  witnefte  then  a  lud^c  ;  °  The  friend  of  my  enemy  is  not  prefently  mciU,  1',- 
 
 iui\%.  C.  de€my  enemy,  as  neither  my  friends  friend  is  my  friend  ;  but  there  is  agrcat  fufpitic|r™;. 
 
 mf.te*         c  of  them  both,  and  of  the  friend  of  an  enemy  the  mare.  But  I  returne  to  ths  qal  G 
 >Lconw.>  103    ftblL    p.  Wc  ^ : b0UI4bJth co  dcftnd  jfrfft    upj.aft,  gon lcg  againft  thc  cmclty 0t|^  , 
 
 Fachl 
 
IVarrc,  both  in  Point  of  Lawy  and  tcnjcicnce.  59 
 
 Father,  or  Servants  agamlt  the  cmclt)  (;t  a  Matter;  una  wc  Uudab»y  indeavcur  tn-jc  by 
 fury  (here  is  Warrcy  no  not  wicked  men  liquid  bechaftcned  and  ptw'fhcd,  for  Ju- 
 ry and  uarrc have  no  mcafure.  n  Ardhc  that  led  by  humanity  or  pifty  ,  or  any 
 othcrapproved  and  juft  caufe,  hath  received  another  mans  Servant,  is  not  bound  by  r-  <  T  -  ^  j# 
 thcStatuccof  a  corrupt  Servant, and  thatreception  is  accomptcd  in  the  nature  oi  ;er.  " 
 
 good,  &c.r  Even  he  is  commanded  ,who  being  angry  with  his  fcrvanrs  committed  Cor, 
 them  to  be  punUhcd  by  anotl^r,this  commendation  being  added, becauic  he  himlelfc  (0  Phit    7"° 
 was  angry.  Therefore  a  good  Prince  will  have  the  Liberty  of  ragcagainft  hisewn  ™tT  llhul°- 
 Subjects  to  be  taken  from  him,  being  angry,  as  a  good  Father,  as  a  good  Matter,  p'' 
 and  he  wdl  aiwaies  judge,  That  kingdoo  es  w re  not  made  for  Kings,  but  Km  s  for 
 Kigdon.es  y   which  is  mod  true.  Thisalfoyf  Plato  avaiicth,  that  wc  ought  to  ufc 
 El .  q.icncc,  chicfely  to  accufcour  friends,  to  whom  it  is  the  befi-,  thus  to  be  drawn 
 from  iuture  evils.    And  lb  I  thinkc  that  we  may  defend  unjult  Forreigne  Sub/eels, 
 yet  to  this  end  oncly,  for  the  keeping  offimraodcrate  cruelty  and  too  fevcre  punifh- 
 ment  ;  r  Secingi:  is  not  inhumne  to  doe  good  to  thofe  th  u  have  offended.  Yet  I  dare 
 aftir.'iiCjthat  this  rcifonof  bringing  hclpcdorhfeldomeitandaione,  but  that  another  ^  ^',0* 
 of  ncccflity  and  profit  may  be  pretended,  or  trixly  Ihcwn,  as  is  (aid  before.  Behold 
 now  'Sthegrcarelr  qucftion  :  If  the  Englifhbivejuftlj  a\dc  Ufa  Hollanders  became 
 their  caufe  was  u»)uft,&  the  Hollanders  were  even  nowSt-bjefls  to  t'e  Spaniards  both 
 which  notwithstanding  are  falfc.  It  was  faid,  that  a  Warre  was  to  bee  underta- 
 ken upon  that  occafion,  that  a  good  Peace  might  be  obtained  of  the  Spaniard,  which 
 otherwife,  as  is  thought,  could  not  have  beene  hid  :  c  a,<4nd  fo  truly  Wane  u  x  celfj.\ 
 lawfully  undertaken^  as  u  cur  men  alledge  :  And  the  moil:  wife  reafonof  thcPhy-  iujh  ' 
 fichus  makcth  for  it,  That  if  any  Feavcr  be  flow  which  holds  the  body,  and  which  l  Ctlj  ;  c,  y 
 yeelds  to  no  cure,  then  the  Difeafeis  to  be  changed,  yea,  to  bee  augmented  and  hf 
 hcightned.  For  when  it  doth  not  receive  cure  for  the  p-cfent  as  it  is, it  may  receive™ 
 that  cure  which  is  future.  But  even  Warre  might  have  bcene  undertaken  without 
 that  evillof  an  unfaithfull  Peace.  As  there  be  many  bonds  cf  necrcneffe  between 
 the  Englifb  and  the  Hollander  :  the  ancient  friend  (hip  with  the  Dukes  of  Bur- 
 gondy,  the  familiarity  of  thefe  people,  and  the  old  Confsnguinity ;  all  the  retl,  *C'C-Frcfy 
 winch  are  noted  at  the  end  of  the  former  Chapter.    And  therefore  with  Cicero  (plx>- 
 \ :<  They  tbinke  not  that  the  nocint  are  not  to  ie  difer.de  d,  if  they  be  the  fiends  of  a  l)C*  ,>cL 
 good  man.  Adde  one  thing  of  great  moment ,  that  the  Hcllanders   overcome  in  «  w-.-..; 
 VVarre,  (hould  altogether  change  their  condition,  and  we  ice  it  in  the  conquered  <- / 1    1 
 part,  being  for  the  mod  parr,  catfcdownc  from  their  ancient  Liberty,  and  for  the  B'Kp.CA 
 molt  part  opprciTed  with  Carrifo^s,  arc  governed  now  onely  at  the  pleafurc  of  P . 
 the  Prince.   But  this  our  Neighbours  cannot  endure,  y  Neither  is  any  other  for-  f 
 bidden  to  favour  Libcrtie.   But  z  it  much  bchovethN.ighbc-ursro  have  aNciglv  'h  Uef.uo}. 
 hour.  a  For  if  one  man  hath  ncede  of  another  man.  what  fly*  1 1  we  fay  that  one 
 
 (Neighbour  is  to  another,  faith  »  <jpindams,  and  b  Caifimmim  :  lit  Neighbour 
 are  od'Ots  to  mee ,  and   c   fomc  wife  Hebrew,    The  wo  ft  of  all  dife  fes  ts  an  tH  ...*.  ';\ 
 labour  :  And  another  of  the  fame  Nation,  Woe  to  th?  wicked,  and  rooe  to  Us  %ui 
 l.bou*.  And  where  nay  J  Morail Fables  be  filent  ?  e  A'*  eztli  t.eighbourhnd  is  'ike  t  p!u.  Apcob4 
 a  mif  ■ or tune  .  The vicinity  f '  grc  it  A  fen  ii  al^aes  to  bee  fuun^ei  of  the  weaker  ;*  !  -  H.dt 
 |f  Qocdmsn  receive  good  tbhifj  from  {00 1  Neig)bous9and  evill  Al '  n,  evill things,  Cc'*m  aa' 
 &<±  So  *  Pirn,  and  fo  Th.mijhcLs  •   W  .en  hse  fold  a  piece  of  ground,  bcp^JJ-  FlmU 
 
 H  2  *  commanded 
 
6o 
 
 The  Larvfulnejfeofthe  Parliaments  »ece(fary  Defenfive 
 
 (0?;*  em. 
 
 L.Z  [tfe.uii 
 Bj/.4.  toz/i 
 
 *  commanded  the  Crier  to  Proclaim^  that  it  had  a  good  Neighbour:  WhichhIn* 
 'terprctcrs  note,  to  the  Law*    And  there  bee  many  rhings  of  the  fame  kindc. 
 
 *  Wherefore  neither  if  thefc  neighbouring  Subjc&s  would  change  their  condition! 
 
 *  neither  if  by  reafon  of  a  fault  committed  againft  their  ovvne  King,  they  be  compel- 
 led to  alter  it,  is  another  Neighbouring  Prince  compelled  to  fufFcr  it,  to  whom  nei- 
 
 'l6om  Pt/2.  <c^cr  mother  mans  will  nor  offence  ought  to  bring  damage*  The  *  Venetian  Em- 
 1 10,  '  'batladors  when  they  interceded  for  Sigifaund  of  Malt eft a,  to  Pope  Pius  the  fe- 
 
 c  cond,  they  fpakc  even  this ,  that  Neighbouring  Princes  would  not  have  another 
 c  Neighbour,  whom  furthermore  they  knew  nor,  what  he  might  hereafter  be.  And  you.1 
 c  may  note,  that  Sigfmond  held  Towncs  from  the  Church  ,  and  for  his  commit- 
 ted offences,  he  ought  worthily  to  lofethem.  Perhaps  feme  will  doubt,  whe- 
 *  6d  diinf'  t^lcr  ^^  t'1^nSs  ^  Crue  m  Pr^vate  mCrjS  caulcs.  k  For  a  private  man  fecmes  toi 
 Az'x  1.1 74.  *  ^avc  Powcr  t0  d°c  with  his  owne  what  he  lift ,  if  it  bee  profitable  to  bimfelfeJ 
 «,  and  hurt  not  another.  Yet  thefe  things  bee  true  thus  in  the  caufes  of  Empire! 
 
 <  For  Princes  ought  to  take  heed  for  the  future,  that  another  if  he  will,  may  no 
 
 <  yet  be  able  to  hurt  another,  which  is  expounded  in  the  Treatife  of  Profitable  de* 
 
 *  fence.  1  But  even  that  rule  ,  that  it  is  lawful)  for  any  to  doc  what  he  lilt  with  his 
 <ownc,  holds  not  otherwifc;  then  if  the  condition  of  a  Neighbour  bee  madenei-1 
 'tbcrworfe  nor  more  grievous  thereby :  although  it  be  true  that  no  man  may  take 
 «  care  of  the  gaine,  which  his  Neighbour  made,  and  which  was  owing  to  him  by 
 c  no  obligation.   But  even  fecurity,  and  acertaine  lingular  conjunction  of  love  from 
 
 « Neighbour,  is  due  to  Empires:  Now  this  we  know,  what  things  are  taken  aw; 
 bAriJl&toU  *  When  Neighbours  are  changed,  m  And  the  fame  people  is  not  the  fame  that  the^ 
 
 *  were^if  the  Common- wealth  be  not  the  fame  that  it  was.  For  it  is  not  lawful 
 «  C  I  fay  againe)  to  doe  ail  things  with  the  Subjects  ;  for  that  is  not  lawfull  with  th< 
 « Subjects  which  would  be  a  hurt,and  a  danger  to  thole  that  are  no  Subjects.  It  is  net 
 
 <1lCdnf°  '^wfaK  to  make  Fortes  in  his  owne  Land,  which  may  be  terrible  to  thofc  thai 
 
 « arc  not  his,  asyoufhaliheare  in  the  third  Books.    Therefore  neither  is  it  lawfull 
 
 « to  doe  with  his  owne,  that  which  may  be  a  terrour  to  others,   o  How  ever  thefc 
 
 3Bil.q4  C*nir*  € are  ca'le^ccluiva^nt> t0  doe  in  his  own  place,  ?nd  towards  his  own  Sub  feds.  Whe 
 
 396,  <th«r  if  my  Neighbour  (hculd  place  in  his  Houfe  Games,  and  other  things  3gain 
 
 «  my  Houfc3  may  1  neither  be  carefull  for  my  fclfc,  nor  fttrre  agsinft  my  Neighbour 
 
 <Thus,  thus  were  Preparations  made  in  HolUndz  and  that  grc2t  Noble  map,  Lei 
 
 tcefier)  very  wifely  fore  fa  w,  th*t  the  defence  of  the  Hollanders,  was  very  whole- 
 
 «  fomeand  neceffary  for  the  Common-wealth,  and  he  perfwaded  ittcbe  undertaken, 
 
 f.  £?/V  «  p  lead  if  thzSpamards  tiiould  breakthrough  that  Pale  of  Europe^  as  then  very  wifc< 
 
 <>\y  Inftus  Lipfrus*  called  ittbere  fhould  remains  no  ocfhclc  at  all  to  their  cruelty^ 
 
 «  And  thus  farre  of  Warre  Defenfive, 
 
 Tto,and  much  more  this  onr  learned  ProfefTor  of  the  Civil  Law,  Albericm  Gentl 
 ^;whofc  words  I  have  thus  largely  tranferibed  ;  becaufethey  not  onely  abundantly 
 juiiifle  the  lawfulneflc  of  the  Parliaments  preicnt  Defenfive  Warre  in  point  of  Law, 
 and  their  Ordinances  of  Affociation  and  mutuall  Defence,  but  likewifc  fully  an- 
 fwer  all  the  cavils  and  pretences  of  Royaiifts  and  Malignants  againft  the  progrefle  and 
 taanagingof  this  warre,  from  principles  of  Nature)  Law,  Humane  Reafon ,  Equi- 
 tyyan  i humane  irfttthoritie** 
 
 4°9 
 
IVarre,  both  in  Point  of  Lav?^  and  Confcuncc.  6 1 
 
 ^  &^®&&  ^N^^f^'  ''  h<&£& 
 
 ^fr^f  'S? *5*  1*    *5^  > 
 
 THE     LAWFVLNES     OF    THE 
 
 Parliaments  prefent  Defeniive  Warre 
 in  Point  of  Divinity  and  Confckn.e. 
 
 HpHc  lawfulncfie  2nd  juflncfle  of  the  Parliaments  prefent  necctfary  Dcfcnfive 
 A  Warrc,  in  point  of  Common,  Civill,Ca»on  Law  ^nd  Policy,  having  been  large* 
 ly  debated  in  the  premifes,  becaufe  not  hitherto  difcuiTcd  in  that  kinde  by  any,  to 
 my  knowledge;  I  fhail  in  the  next  place  proceed  to  juftifie  it  in  point  of  Bhinity 
 and  Confcienct ;  Whercin,though  I  (hall  be  more  concife  then  I  intended,  becaufe 
 fundry  Learned  *  Divines,  in  many  late  Printed  Tookes,  common  in  ail  mens  hands  CO  Mnfter 
 lave  profefledly  handled  ir  at  large,  and  given  good  fatisfa&ion  unto  many  unrcfol- ^'^^e  hs 
 (ved  krupulousConfcicnccs  ;  yet  becaufe  this  Treatifc  may  come  into  diverfe  hands,  ^d  Bwcfa 
 which  have  not  perufed  their  dilcouries ;  and  thofc  w hofc  judgements  may  be  conrm-  a  BiJhop.M  ^ 
 ccd  by  the  Legally  may  ftill  have  forae  fcruples  of  Confcience  rcfting  in  them,  &<*  Burroughs 
 inreguardof  the  Theologicall  Part,  and  becaufe  fome  things  (perchance,)  in  Point  ^!s  Lord  of 
 of  Theology,  which  others  have  wholly  omitted,  may  fcafouably  be  here  fupplyei  to  fe^allA*^ 
 CztisRc  Confcicnccsyet  unrefolved  of  the  jultnetlcof  the  prefent,  and  all  other  ne-  fwcfS  &  %~ 
 cctfary  Dcfenfivc  Warres,  I  (hall  not  ovcr-fparingly  or  curibrily  paflc  through  it,  plies  to  Do- 
 without  a  competent  debate;  ^ot  Feme. 
 
 Now  left  the  Conferences  of  any  fhould  bee  feduced,  enfnared  with  generalities.  Th?  tontft 
 ^deercmiftakes through  the  mit-ftatingo*  the  points  in  queftion,  Kith  which  de-  tvrcl>SRP' 
 vifc,  many  have  beene  hitherto  deluded  by  the  Opposes,  who  cumbatc  oncly  with  fon  plea*^ 
 their  owne  mifhapen  fancies,  difchargtog  all  their  Gur (hot  againft  fuch  Tenets  as  arc  fcr  Dc/eufiv^ 
 nor  in  queftion,  2nd  no  waies  comming  necrc  the  white  in  Conttoveriic,!  fhal  for  my  A^es  (the  J 
 DWn  orderly  proceeding,  and  the  better  GttigfacjHon  of  igr,oranr,fcrupulous,fcduced  bcft  and  a- 
 confcieoces,morc  punctually  ftatc  the  Qucftion,tben  formerly  in  the  Lcgall  Part;firft,  jj^n °rt.his 
 Negatively,  next,  Pojitivtlj;  and  then  procccue  to  its  debate.  Take  notice  there-  many  others' 
 fore. 
 
 Firft,  that  this  is  no  part  of  the  queftion  in  difute.  whether  the  Parliament,  or  any  i9 
 
 \Subjecls  ytha' foevcr  ,m.iy  a^luaUj  dtfobey,  er  vUentl]  with  force  if  tsfrrnes  refifi  the 
 Kings,  or  any  other  laivfutl  LM*tgiftrates  jstfl  commands ,  warranted  either  by  Gods 
 Word,  othe&awesofEngUnd  .?  it  be:ng  out  of  controverfie,  readily  (ubferibed  by 
 all  of  both  fides ;  that  Such  commands  ought  not  fo  much  as  to  be  iVfcbtyed,  much  /c(fe 
 forcibly  reft  fled  bnt  cheerejuliy  fnbmitud  to,  and  rexdily  executed  for  Co-fctence  f.i'ke, 
 ^?w.  13.1. tot?.  iP*r.a.  13,14.7V,  3. 1.  ftMr.13.17*  I*fb.  I*I*>  17,18.  -fcfcrt* 
 
 ret.     £«7*/;8. -2,3,4,5.  the onely thing  tbefeobjeded Scriptures provc,which 
 c  not  ncere  the  thing  in  queftiory  hough  our  Oppofites  molt  rely  upon  them. 
 H  3  Secondly, 
 
6z  The  Law fdneffe  of  the  Parliaments  necejfary  Vefenfivt 
 
 Secondly,  Neither  is  this  any  branch  of  the  difputc:  Whether  Subjects  may  lawfully 
 rife  up,  or  re? til  again fi  their  Prince,  by  rvty  of  Muteni ,  Fatlion,  or  Sedition,  without 
 any  juft ■, or  law! Ttttt  publkke ground ;  cr  for  every  trifling  injury,  cr provocation  iffcred 
 them  by  their  Tritice  ?  Or  uhether  private  men,  for  perfoxaM  wrongs  (ejpectatly  where 
 t'eir  lives,  chaftitks ,  livelihoods  a*e  not  immediatly  endangered,  by  a&xall  vio- 
 lent ,  unjufi  affaults)  may  in  point  of  Confcience ,  UwfuUy  refifi,  cr  rife  up  againfl 
 their  Kings,  or  any  other  lawful!  Magtfirates  *  Since  all  difavow  fuch  tumultuous 
 InfurrccYions  and  Rebellions  in  fuch  cafes:  yet  this  is  all  which  the  oft  objected  hx- 
 b  2sriw,i5.  amplcs  oi  h  Korah,  Dathan,  and  sAbtram)  with  other  Scriptures  of  this  Nature, 
 doc  or  can  evince. 
 
 Thirdly,  nor  is  this  any  parcell  of  the  Conrrovcrfic.  whether  Subjects  may  hy  vio- 
 lent hands  upon  the  perfons  of  their  Princes,  wittingly  or  willingly  to  deprive  them 
 of  their  Lives  or  Liberties,  ejpeUaHj,  for  private  Injuries  5  or  in  cold  blood  when  they 
 ape  not  allually  rfor  perfona'ly  affxult  thtr  lives  or  c  hafiitUs  5  or  for  any  publike  mif- 
 demeanours,  without  a  precedent  fentenc?  oj  ImprifoKment \  or  dtath agaii ifithrm given 
 judicially,  by  the  whde  States  or  Kcalmes,  where  they  have  fuch  Authority  t°  araignt 
 and  judge  ttim  ?  Forallunanimoully  difdaimc,  yea  abominate  fuch  Traitorous  pra- 
 ftifesand  Iefuiticali  Poiitions,  as  execrable  and  unchriftian :  yet  this  is  all  which 
 the  example  of  Davids  not  offering  vioUnceto  King  Savl:  the  I  Sam%  24.5.1022. 
 cap*i6.z>to  25.  2  Sam.i  i*t(?  17.  or  that  pervcrced  Text  of  Pfal.  105. 15.  fchc 
 belt  Artillery  in  our  Advcrlaries  Magazines,)  trucly  prove. 
 
 Fourthly,  Neither  is  this  the  thing  in  difference*  as  mo.t  miffakeit,    Whether  the 
 Parliament  way  lawfully  raife  an  aArmy  to  joe  immediately  and  dire&ly  *gain&  the 
 very  per  fan  of  the  King,  to  apprehend  or  offer  violence  to  him ,  much  leffe  intentio- 
 nally to  defl-oy  him,  or  to  refifi  hps  owe  perfmall  attempts  againfl  th:m,  even  to  the 
 c3ecaacxid  hazard  of  his  life  I  VoTlhcP^riament^  and  their  Army  too,  have  in  fundry  c  Re- 
 Co  le^uoaof  mwfiran:es,  Declarations,  Protefiations,  and  Petitions,  renounced  any  fuch  difloy- 
 of  al  Remon.  a[[  intention  or  defigncat  all ;  for  which  there  is  no  colour  to  charge  them  5  and  were 
 iliMncesj&c.  hfs  Majeftic  now  alone,  or  attended  cnelywith  his  Ordinary  fiurtly  Guard,  there 
 ,     '  needed  no  Army  nor  Forces  to  redd  his  perfonall  affaulc*.    Yet  this  is  made  the 
 
 r?-»     Rf'  principall  matter  in  queftionby  Doclqr  Ferxe,  by  An  appeale to  thy  Confcience,  and 
 Confiiefiee.     otoer  Ant^ parliamentary  Pamphlets  ;  who  tnkc  this  the  iole  Theame  of  their 
 TbeNceifity  Difcourfcs  :  7 hit  Subjecl?  may  not  take  tip  Armes  3gatn&  t|)rir  Ilatufull  £>ooe* 
 tf  cbrifaan     vatgnc,  b'caife  he  is  wicked  and  unjufi  >  no,  though  he  be  an  Idolater  and  Opfref- 
 StkfcBuw, ^  yor  ;  That,  Sup'ofe  the  King will  not  discharge  his  trufl,  but  us  bent,  or  feduced  t> 
 wndiatirfrll '  f^vfrt  Bsligion,  Lawes,  liber  lies,  yet  Suhjetls  may  not  take  up  Armesy  and  refifi 
 ThcGrani     the  King,  it  being  unwarrantable,  and  according  to  the  Apofile,  damnable^  Rom,i?. 
 RticlliQtiB&c  Y&,  this  is  d\  the  quellians  the  C  vallcers  and  Malignanrs  demand  of  their  Oppo- 
 fitcs  in  this  caafr,    what  f  will  you  take  up  Armes  ;  will  you  fight  againfl,  or  refifi 
 the  King?  &:.  Never  dating  the  qucftion  of  his  Forces,  his  Army  of  Papiiis4 
 Malignants,  Delinquents,  butoncly  of  the  Kinghimfeife  abftra&ed  from  his  inva- 
 ding, depopulating  Forces,  againfl:  whom,in  this  fence  of  theirs,  the  Parliament  ne- 
 ver yet  raifed  any  Forces,  nor  made  the leaft  refinance  hitherto. 
 
 Thefe  foure  particulars  then  being  not  in  queftion,  I  (hall  here  appealc  to  the  mod 
 Malignant  Confcience :  Whether  Do&oriV/^,  and  all  other  our  Oppolites,  pre-  ' 
 tenders  of  Confcience,  haue  not  ignoranrly,if  not  malicioufly,*Hiade  iiipwrackcof 
 
 their 
 
IV&rre,  both  in  Point  of  Law,  and  Confcievcc. 
 
 tlu-ir  good  Conferences  (had  they  ever  any  )  by  a  wilrull  mutating  or  the  Controvctfic, 
 concerning  the prcfentDcfcnfivcWarrc,  int'nc  fourc  preceding  particulars,  which 
 they  make  the  oncly  ^ueftior.s  ;  when  not  (o  much  as  oncofthem  comes  Within  the 
 Verge  ofthat  which  is  the  rcall  Controverfie  ;  ind  never  once  naming  that  in  all, 
 or  any  of  their  Writings,  which  is  the  point  indeed?  Secondly,  Whether  there  bee 
 any  one  Text  or  Rcaion  in  all  their  Pamphlets,  particularly  applied  to  any  thing 
 which  conccrncs  the  prefcntWarre,  but  oncly  to  thefe  fourc  particulars,  which  arc 
 not  in  debate?  And  lffo,  (asnoConfciencccangaine-fayit)  then  there  is  nought  in 
 all  the  waft  Papers  they  have  pubhfhcd,  which  may  cither  refolvc  or  fcru:  1c  any  Con- 
 ference, That  the  P  arliamer.ts  D  efe  five  At  met  avd  refinance  are  nnUwfuU  in  p.. 
 of  Divinity, or  Confidence,  which  is  ileeredby  the  Scriptures  Compare. 
 
 But  if  tticfc  particulars  be  not  in  qu  eft  ion ;  you  may  now  demand,  what  the  knot 
 and  true  (tare  of  the  prefent  Controverfie,  in  point  of  Conscience,  is  ?  In  few  words, 
 take  ic  thus. 
 
 Wh:ther  both  tiottfes  of  Parliament)  and  the  Subjetls  by  their  Authority ,   for  the 
 prefer  vat  ion  ef  their  cwne  rPerfons%  Priviltdges,  Laves,  Lives ,  Liberties,  Eftates,  Re- 
 Jigie" ;  the  apprehtnfira  of  Voted  c or.  t urn atious  Traitors,  aid  Delinquents,  thr  rejeu- 
 %ng  bis  [educed  Majeflie  out  $(  the  porter  of  T>  op fh  pernicious  Counfellours  and  Forces, 
 who  endeavour  the  Kingdom?'  fnbverfion,  by  Withdrawing  him  from,a:id  incenfinr  bins, 
 aga'wfth-s  Parliamsnt,  may  not  lawfully  with  a  good  Conference,  take  up  necejfjry  de- 
 fenfivt'tsfrmes,  and  make  a  iuall Warlike  re fiflancc  againfi  his  M.iy flics  MdignaU 
 ill  Ceunfellors,  and  invading  cFcpi(h  Forces   (  who  now  Murther,  Rob,  Spoilc,Sacke, 
 Depopulate  the  Kingdom:  ma  mofr.  Hoftile  manner,  to  fctup  Tyranny,  Popery,  and 
 an  Arbitnry  JawleiTc  Government,,)  in  c«fc  they  come  armed  with  his  per {onall  prefer  ce% 
 or  commiffionjo  <  xecntz  thefo  their  Wicked  tllegall  defignss ;  Efpccially,^r^?«  neither  the 
 parliament  nor  their  forces  in  this  their  refi fiance, have  the  le'fi  thought  at  all.to  offer  any 
 violence,  to  the  Kings  own  e  per  forty  or  to-ofpofe  his  Legalljufi  Soverrigne  Authority  ? 
 
 Or  (hortcr,  Wbe<h'rthe  £i*gs  Captainej  ani  Souldiert  invading  the  TaffrdnrHt, 
 ]4ndSnbietl.s,  as  afire[a<d,tle  Parliament  or  *>uHecl<  (especially  when  a'tdonzjsi  by 
 an  Ordinance  of  both  Houfes)may  not  with  a  fafe  (fonfebne*  forcibly  reft  ft  thefe  AFulig. 
 nants  though  armed  with  ths  Kings  illegall  Commijfions,  without  his  per  [mall  pre  fence  j 
 
 r  -ithh's  prefence  and  Commiffions  too  ?  And  for  my  part*  I  thinks  it  mofl  ivUenc, 
 t^atthey  may  lawfully  refiftyrepHlfcthem,  even  by  Divine  Authority,  For  the  better 
 clearing  whereof,  I  fliall  pre mifc  thefe  three  undeniable  Condufions. 
 
 Firft,  That  no  la  wfaU  King  or  Monarch  whatloevcr,  ("much  IciTe  the  Kings  of 
 fng'aid,  who  are  no  abfohttc  Princes )  have  any  the  lcalt  Authority  from  the  Lawes 
 ofGodorman,  perfonaily  by  thcmlclves ,  or  inftruments,  to  doc  any  injuric  or 
 iniufticc  to  their  Subiecls  •  how  much  lefle  then  by  open  Fores  to  Murther,  Rob, 
 P  under,  RaviuS,Ruine,  or  Spoilcthem  of  their  1  awes, Liberties,  Elates,  Religion, 
 all  which  is  plentifully  proved  by  Law  Authorities,  in  the  prcmifes;  and  punctu- 
 ally confirmed  by  thefe  enfuing  Texts.  £^^.44  15,  1 6, 17,  0^.45.  8, 9.    Pfalm, 
 
 105. 14  15.  Ifay  14. 15,    to  2$.  2  Sam.  23.  3.    Jfay  1.  13.  Cap.  3.  12.  14.  15. 
 
 iVw.  28.15.  16.   £*>*  ht  12.6.7.27.     Zeph.2,.2,.  Mich.  3.1.  to  11.    I  Sam* 
 
 F2.3.45,  lKing.cap.li.&22>  Zeph,2.$.  Jfy  9.7.  c?p>  i<5.  5.  cap.  32.  1 .  :♦ 
 w^.49.23.  iChron.9.8.  Ien2i.^.to^2.  Obad.  2, 10,  toil.  Ro^.i^  3.4.5. 
 6.   1  Pet.  2.  i3»  16.  and  infinite  Scriptuce&morc* 
 
 Secondly* 
 
fo 
 
 $±  The  Latvfufaejfe  oftht  Parliaments  neceffary  Defenfive 
 
 2*  Secondly,  That  all  Subie&s^tnd  pcriors  whatfoever,  are  obliged  both  in  point  of 
 
 Law  and  Conlcienceto  diiabey,rcfift,atid  not  cxecute,the  uniuft  illegal-  Commiflions, 
 Mnvi3tes  of  their  Kings,  and  other  Magiftrates.  This  is  evident  by  the  Midlives 
 refufail  to  mm  her  the  Hebrew  Male-chi'drenat  King  i'haroahs  command,  for  which 
 God  bleffed  themy  and  built  them  houfes ,  Exod   i,  15.  tolO,   By  Balaams  deniall 
 to curfe  or  defie  the  Ifraelites,  at  King  B  lids intreaty.  Numb,  il*  &  l^.fr  24.  By 
 the  refufail  of  Sauls  Guard  and  Footmen  to  fliy  or  fall  on  the  Priefts  a  N#£,  by  King 
 Sauls  perfenall  command,  though  prtfent,  and  not  oncly  their  King  but  Af after  too  :    1 
 Sam,  22,17.18.  By  Jonathans  deny  all  to  kill,  or  con fen:  to  the  death  of  David  upon  \ 
 Sauls  mar: due,  though  not  oncly  his  Soveraigne, but  Father,  although  he  might  have  j 
 gained  the  Crownc  by  it,  and  mdangered  his  owne  Me  by  refufing  it,  1  Sam.  20 .  27.  I 
 to  42.   By  Sd#// Armour-bear  es  forbearance  to  runnehim  thorow  with  his  Sword,  i 
 when  he  fled  before  the  ph'Uiftimes,  though  he  as  his  King  and  Mafier  enioyned  him  \ 
 to  doe  it  ;  left  the  uncircumci fed Jhouli  come  and  thmft  him  through  and  ahufe  him.  1 
 Sam,  3 1 .  4.  By  CMcrdechai  bis  den>all  to  bend  the  knee  to  Haman,  the  great  F  avou- 
 nte,  though  t ke  King  had  fo  commanded.  E fiber  3.1.x.  3.4.5.    By  Shadrach,  Me 
 fhach.Abednego,  and  D anit Is  rcfufall^r^  eat  of  the  Kings  portion  of  meat  and  wine  af- 
 fined thtm>  leaft  they  fhwld  be  defiled,  Dm,  1.  5 .  to  1 2,  By  their  peremptory  reft-V 
 iution,  not  To  fall downe  and  worjhip  King  Nebuchadnezzars  golden  Image,  thought 
 t&ice  firitlly  commanded  by  the  King  to  doe  it,  and  threatned  to  be  e aft  into  the  fiery 
 Furnace  (as  they  were)  for  rtfitfingit,  Dan.^.q  to  30.  By  £*»#£;  difobeying  the 
 Kings  and  Lords  idolatrous  Decree,  nit  to  offer  a  Petition  to  any  (fed  or  man  for  30. 
 dstyes,  faze  of  King  Darius,  under  paine  of  being  c^ft  into  the  Lyons  Dennet  Dan.6,  5 
 to  24.  By  the  Pharifes  and  chief e  Priefis  Officers  negleft  to  apprehend  our  Saviour  f< 
 bis  Preaching,  though  en  joyned  foto  doc  by  their  Mafiers,  Iohnj,  32.  totfi.  B 
 the  ApofUes  refufail  to  give  over  "Preaching,  and  perfeverance  in  Preaching,  notwith 
 ftanding  the  High  Priefts  and  Couttcels  expreffe  Inhibitions  and  doubled  Commands 
 fecondedwith  ^Apprehtnfions ,  Imp'ifonments,  Scourgings ;  and  their  direct  refoluti 
 a  sM  Grrttian  ons  in  this  very  cafe,  d  That  we  ought  to  obey  God  rather  then  mtny  %y4Us  4.  12 
 Cwf.ii-z.i'to  22  cap.  5.  17*  to  the  end.  By  Peters  Preaching  to,  and  eonverfing  with  the  Vncir 
 cumcifed  Gentiles,  notwithftanding  the  Chriflian  Iewes  dtflikc,  Alls  1 1 . 1  Jo  ip%  wit 
 (e)See  Fox    infinite  Prefidents  of  this  nature  in  EcclefiafticaU  Hiftories ;  the  very  fuffcrings  of  a 
 Aas  &  M°"h  the  «  Martyrs  depending  on  this  ground  alone :  which  is  backed  by  Matth%  1  o.  2 
 BookofM«-3a*3  3*  z*f-  i*'4.8.'4j.p.23.a4.j5.a&  Ezech.2.  3.  to  9.  Rev,  13.3.1 
 tyre,witho-    the  end.  Rem.  12  1.2.  ?oha-if5>2.$.  iTbetf*  2  14. 15.  * 6.  Exod.  32.2.  Jojbz 
 thers.  ij.  />/*/«;. 44.  15,  to  23. 
 
 2  Thirdly,  That  as al!  Kings  illcgall  un  juft  commands  arc  void  in  Law,  and  wi 
 
 no  waies  extenuate  the  guilt,  or  juftifie  the  a&ionsof  thofeinftruments  who  e 
 rp^io.i  1;  cute  them  in  point  of  Law,  as  I  have  tfo'm.r/y  cleared  ;  fo  are  they  likewifc  me 
 tfc* '  nullities,  and  inefficient  to  excufe  the  executioners  of  them  in  point  of  Confciencd 
 
 as  is  evident  by,  Pfal,  52.5  where  God  threatens  to  deftroy  Doeg  the  €dcmite9firl 
 ever9  to  take  him  away,  plncke  him  out  of  his  dwelling  place \  and  root  him  cut  of  the 
 land  of  the  Living,  for  executing  King  Sauls  bloodyeommand  upon  the  Priefis  at  Nab, 
 I  Sam.  22.  By  Gods  exemplary  punilhment  upon  thofe  Souldserswbo  ly  King  Nc- 
 buchzdnczzzrsjpeciall  command,  I  our  d  the  three  Children  and  cafi  them  into  the  fry  Fur*[\ ' 
 nace ;  whs  mrefttine  b)  the  flames  of  the  Fvrnae,  though  thefe  three  Martyrs  had  m 
 
 harm 
 
Wane j  both  in  Point  of  Law,  and  Conference.  1 5 
 
 farm:  in  the  F*rn  tee  it  felfeyDant  3.  20. to  28.  13 y  Gods  confining  tbetwoCaptur 
 ind  their  fifties  with  fire  from  bi*V**%  nhocame  1  Welti)  t§  fpp'd.eniih  'Prophet  tit- 
 ^bbj  King  \\rS\i\\b*  (ommffio*y and ufittt  cammA-id,  2  K  ing.  1 .  9  to  \6.  By  the 
 Preceptor  lohn  54////?gtventoSouldicrsthcmlclvciJZ^  3.14.  Do:  violence  to 
 noman:  (neither  by  the  Kings,  not  Gcnerails  Command)  neither  teemft  ay  filfil/. 
 By  1  Tim.  5.22.  Lty  bd»djficbunfj  0*  no  rr:ai,(  no  more  in  a  violent,  Military,  then 
 in  Ecclciiatticallicnlc)  nd.fjer  be  partakers  of  other  m-ns  finnes  1  Compared  wirh  the 
 next  forccitcd  Scriptures;  with  Rom.  1.32.  4/4*6.15.  1 4.  T/al.  $0.  18.  21. 
 \Prov.  i.iOtto  \6.  Oaa(.ver\  lO.to  \6  I/kjtl.lj.  with  Ifay  0  \6.Tb:Uad< 
 HP  this  people  caufe  tb  m  toe  rey  anithofcth  t  are  lei  of  them  are  deflro;  ed.Wbattlcrc- 
 rorcf  Saint  John  writes  in  another  cale,  1  lo'n  10.  II.  If "t>  ere  come  any  nnto  j0h 
 (bene  an  Archbilhop,  Bifhop,  Archdeadon  ,  Feme  himfclfc,  or  any  Court  Chap- 
 ainc  whatfoever,)  *nd  bring  not  this  D olivine  ;  recei  e  him  not  intojw  houf-,  neither 
 'idhimGed  fpted;  fir  hethat  biddxhbim  God  fpeed,  3|0  partaker  of  1)10  CtltUDcCOS: 
 [  fhall  apply  to  this  particular  of  executing  Kings  unjult  Commands  againrt  their 
 people  j  the)  are  pir  takers  of  their  Kin^s  irickedneffei  if  thy  do  bat  intertair.e  their  \*n* 
 14ft  Con.mijfions  into  their  Hwfes,  or  b'dthem  God  fpeed  ;  much  more  it  they  execute 
 hem  either  voluntarily,  or  againft  their  wills,outot  an  unworthy  fcarc,  or  bafc  re- 
 pcfts. 
 
 Thciethrec  Conclufions  being  irrefragable,  My  firft  Argument  to  juftific  rtfiftancc  j%u,<tu.t  \ 
 "rom  them  (hall  be  this.  That  violence  againil  the  Subjects  perfonSjConfcicnccSjFa^ 
 lilies,  Eftatcs,  Properties,  Priviledgcs,  or  Religion,  which  neither  the  King  him- 
 "clfc  in  proper  pcrfon,  nor  any  his  Officers,  nor  Souldiers  by  command  from  him, 
 javc  any  Autoritic  by  the  Lawcs  of  God  or  man,  in  Law  or  Confcicnce  to  inflict : 
 nd  which  in  Confcience  ought  not  to  be  obeyed,  but  rejected  as  a  meerc  nullity,  even 
 )ythe  inftrumentsenpyned  for  to  execute  it;  may  juftly  with  a  fafc  Confcicnce  be 
 cfifted  by  the  Parliament  and  Subjects  5  there  being  not  one  fy liable  in  Gods  Word 
 o  contradict  it.  But  the  violence  now  offered  by  the  Kings  Forces  to  the  Parliament 
 md  Subjects  every  where,  is  fuch.  Therefore  it  may  j aftly  with  a  fafc  Confcience  be 
 efiftcd;cfpccially  in  the  Kings  Commanders  and  Souldiers,  who  are  neither  the  King 
 limfelf ,  nor  the  Higher  Powers  ordained  by  God ;  and  no  other  then  plain  Thcevcs 
 ind  Murthcrcrs  in  Law  and  Confcience,  if  they  plunderjkilljfpoile  *  their  Commifli- 
 >ns  being  but  Nullities  in  both  ;  and  they  in  this  particular  meerc  private  men,  with- 
 )ut  any  Authority  to  iuftifie  their  actions,  as  I  have  already  proved. 
 
 Secondly,  That  refinance  which  is  warranted  by  direct  Precedents  recorded,  ap-  - 
 
 >roved  in  Scripture  even  by  God  himfelf,muft  qucftionleiTe  be  lawfull  in  cafe  of  cons- 
 cience :  Bat  the  red  lance  even  of  Kings,  their  higheft  Magiftrates,orficcrs)in  the  ex- 
 ecution of  their  unjuftComnands  is  thus  warrantcd,Therfore,doubtlcs,it  muft  be  law- 
 iillin  point  of  Confcience.The  Minor  (only  q  icftionablc)  is  thus  confirmed.  FirO,by 
 he  notable  eximple  of  the  Prophet  Elijah  %  2  Kings  1 .  1 .  to  1 6.  who  fending  backe  f  Ant'm.iui. 
 ^n%Aba^iabh\s  Mcffcngers  (Tent  by  him  to  enquire  of  Batl-vbub  the  God  rf^p1^- 
 "<£«»,   whether  beepooald  recover  of  ^u  difeafe  )  with  an  harfh  Mcflagc  to  the  cummivam 
 ing,  contrary  to  his  Command,  which  they  difobcyed  5  thereupon  this  King,  in  vimr/fet,  ut 
 in  angry  fume,  kilt  two  Captainet  with  50.  menapeece,  one  after  another,  to  appre- mfpontefua 
 xndthe  Prophet  for  this  affront^  (  as  S  Iofephw,  with  other  Interpreters  accordy)facJar>vicQ" 
 
 hocomming  with  their  forces  to  him,  ft  id •  Thou  minofGo^  the  King  hath /aid,  '^V&T 
 
 I  come 
 
$$  The  Lawfulneffe  ef  the  Parliaments  neceffarj  Befenfive 
 
 corns  dowr.e  quickly.    To  whom  he  fucceiiivcly  anlwered  :  If  I  be  a  man  of  God,then 
 let  fire  corns  downs  from  Heaven,  andconfume  thee  and  thy  fifty  ;  Ani  there  came  fire 
 from  hea  ven  thereupon,  and  confumed  two  C-f  tames  and  their  fifties  :  but  the  third  C-p* 
 taine  and  his  fifty \  who  humhledthemfelv's  to  the  Pro  h:t,  axd  begged  the  fpanng  of  their* 
 lives,  were  ipared  5  the  Angel  of  the  Lord  Bidding  the  Prophet  to  gotdowne  with  them  I 
 tv  the  Kingyandnot  b;  afraii.   From  which  Text  ids  infallible,  even  by  a  divine  Mi-^  1 
 rack  from  heaven,  doubled  by  God  himfelfc ;  That  it  is  lawful!  for  Sub/e&sinfome  I 
 cafes,  to  refill:  the  unjuft  violence  of  the  SouUiers  and  Captaines  or  their  Kings.! 
 though  armed  with  their  Rcgall  Commands,     Secondly,  by  the  Hiftory  of  the  Pro-  ] 
 phet  EUfha,  2  Kings  6.  31,  3 2,  33*  Who  when  King  loram  (his  Soveraignc)  had 
 fworne  unjuftly  ^in  his  fury  ;  God  doe  fo  tome  and  more  alfo,  tf  the  hedi  of  Elifht 
 Jhallfiand  on  him  this  day ;  and  thereupon  fent  a  Meffengtr  before  him  to  Elifba  his 
 houfe to  take  away  his  head  $  the  Prophet  was  fofarre  from  fubmitting  to  this  Instru- 
 ment of  his  ;  that  he  Commanded  the  Elders  fitting  then  with  him  in  the  hotfc,  to  look* 
 when  the  UWeJfenger  came,  aid  fhut  the  doore>  W^alDt)imfaft  attfce  2>Q02e,  though* 
 the  found  if  his  Maflers  feet  (the  King)  were  behind  him  ;  whom  he  ftiles,  the  fonne 
 tf  a  Murderer. Might  thefc  two  erninenteft  Prophets  thus  openly  refift  the  Captaines, 
 Souldiers,  and  unjuft  Executioners  of  their  Princes,  with  a  good  Confciencc  •  and 
 may  not  others  lawfully  doe  the  like?  No  doubt  they  may.  Thirdly,  f  If  I  bes 
 not  much  miftaken  )  this  kind  of  refinance  is  warranted  even  by  Chrift  himfelfe, 
 and  his  Apoftlcs  :  For  a  little  before  his  Apprehention,Chrift  uttered  this  fpecch  un- 
 to his  Dilcipies,  Luke  22.36,  37, 3  8.    But  $oto,  he  that  hath  no  Sword,  let  him  fell 
 his  garment  and  bay  one,  &c. —  sAnd  they  f aid,  Lord,bshold,  here  are  two  Swords.  And 
 hejatdunto  them,  it  is  enough.    Why  would  Chrift  have  his  Difciplcs  buy  Swords, 
 no  w.|  unleffeit  were  for  his  and  their  owne  better  Defence,  being  the  time  when  he 
 »  M>nib\i6.    w*st0  °c  apprehended.  h  Socne  after  ths  Judas  and  his  Baad  of  men  fent  from  the- 
 mtT.ii.lti::*  High  Priefls,  with  Sword;  and  Staves  came  to  ftize  upon  Chrifl.  Which  when  they 
 s*d  John  1 8.  who  were  abont  him  faw  what  would  follow  :  They  faid  unto  him ;  Lo'd,  Jhall  we  fmitc 
 with  the  Sword?  His  commanding  them  to  buy  Swords  now>  was  fufticient  grounc 
 for  this  queftion,  and  intimation  enough,  that  they  might  now  ufc  them  :  whereupon 
 Chrift  giving  no  negative  anfwer  ;  One  of  thtm  which  wire  with  Iefm  (and  J  oh*  direct- 
 ly faith  it  was  Peter)  fmote  a  fcrvant  of  the  High  Prieft  ( whofe  name  was  Malchw) 
 •  and  cut  orThis  right  eare,  Herenpon  fefus  anfwer ed and  faid ,  Suffer  yee  SDtjUS  jfarre  I. 
 
 €u*V  *°     S° i  Lt*ke$  Mark:  relates  no  anfwer  at  all  reprehending  this  facT :  k  John  records  his 
 k  ftfy  tg,  4Q4  ipeechto  Peter  thus. Then,  faid  Iefus  unto  Peter*  Put  up  thy  Sword  into  thejheath.  The-  I 
 
 m  Cup  which  my  Father  hath  given  me,  fball  I  not  dnn}^  f  To  which  Matt  hew  addes, 
 
 J  Math,  16,52  l  ihiy.kinjithou  that  I  cawot  pray  tomy  Father,  and  he  fij  all  pre fently  give  me  more  then 
 **\j-  twelve  Legion;  of  Aegels?   But  how  then  fioall  the  Scriptures  bee  fulfilled,  that  thus  it, 
 
 cjp.4.27,  ii'  m"fi  ^e  -?  So  that  the  reafon  why  Chrift  bade  Peter  thus  to  put  up  his  fword;  was  not 
 Lv^  14,11*  becaufe  be  thought  defence  of  himfelfe?and  P*r«xfmiting  now  altogether  unlawfull 
 46  17?         initfelfe;  but  onely  inconfiftent  with  Gods  prefent  providence,  which  it  fiiould 
 ■ft?  %♦         feeme  to  croffc,    Chrift  was  now  by  «*  Qods  etemak  decree,  and  the  Scriptures  pre* 
 ditlion,  f  which  muft  be  neceffarily  fulfilled)  to  fuffer  death  upon  the  Crojfefor  oury 
 iniquities  ,\  ftiouldP*wthen,  with  the  other  Difciplcs  have  totally  refitted  his  ap- 1 
 pretention  at  this  tinfle,  end  proceeded  full  to  fmite  with  the  Sword  as  they  began,'!  '6 
 ^11  they  hadrefcued  our  Saviour,  fee  couldnot  then  have,  fuffisred,  nor  the  Scriptures  J  'q 
 
/  \  \tm\  both  in  Point  of  Law ,  and  Confcicncc,  6j 
 
 be  fulfilled  :  had  it  not  beencrur  this  ipctiall  reaion  (rcnclrcd  by  Chrift  hif&fclfc,to 
 clcarcall  fcruplcs  agair.lt  the  LawfulnefJc  of  fclfoddencc  in  (uch  caics,  )  Vcur  might 
 dill  have  u fed  his  iwoTd  torelcuchisMafter  frGm  tl.cfc  Catcl.j  oles  viclcr.ee  ;  and  if 
 he  and  his  fcllowcs  had  becne  too  wcakc  to  withftand  them,  Chrift  was  lo  farre  from 
 imagining  that  hee  might  not  have  lawfully  defended  himfcl/cj  that  hce  inforrr.es 
 them,  te  could  (and  would  no  doubt)  haze  prefer, tly  commanded  vrkole  Legicni  of  An- 
 gels from  hetvtn,  by  bit  Fat  crs  approbation,  torefcue  him  from  unjuft  violence.     And 
 his  Speech  to  Pi/ate>  after  his  taking,  phinely,  iuftifics  thelawfulnciTcof  fucha  for- 
 cible defence  with  Armcs  to  prefervc  a  mans  life  from  unjuft  execution  :  John  18  ;  6" 
 If  my  King- om:  if  ere  of  this  vorld,  2Ll)Cn  l03OUlD  m^  Jfecrtanf  0  ffgljt  (in  my  Defence 
 and  ilefcue)  trjat  3  fl)0Ul&  $0t  be  ceUfccrcfc  tofrjcjciucs;  bntnori  my  kingdom  u  >ct 
 >from  hence.  Ail  which  conlidercd,  clearcly  juftifles,  the  LawfulnefTe  of  refitting  the 
 Kings,  or  higher  Powers  Officers,  in  cafes  of  apparant  unjuft  open  violence  craf- 
 laulcs;  and  with  all  anfwers  one  grand  argument  againft  refiftance  from  our  Saviours 
 prefent  Example  ;  namely,  *  fbrifthimfelfe  made  no  refinance  when  hee  was  unjufily  *  See  Dr»&, 
 \apptekended\  Ergo,  Chrtflians  his  Follorvers  (Ergo,  no  Kings,  no  Magiftratcs  too,  FcrmsveM- 
 as  wcllas  Chrift  the  King  of  Kings,  and  Lord  of 'lords,  for  they  arc  Chriftians  as  vingofCoa- 
 WCll  as  fub/ccls  ;)  ought  not  to  make  any  forcible  refiftance  of  open  violence  :  Which  ar-  £* "*'(  ^Qn 
 gument  is  a  mccre  inconfequent;  becaufc  the  rcafon  why  Chrift  refifted  not  thefc  Pur-  thpy  Confd- 
 icvanlB,  and  High  Prices  Orhccrs,  wasonely,  that  his  Fathers  decree ,  and  the  Scrip-  cnce^with  0- 
 tures  foretelling  his  Pajfion  might  be  fulfilled,  as  himfclfe  refolvcs  ;  not  becaufe  hce  thers  who 
 deemed  refiftance  Vnlawfull,  which  he  cvea  then  approved,  though  hce  pra&ifed  it™BchJeIy°n 
 not,  as  thefe  Texts  doc  fully  proovc.  fiSi 
 
 Fourthly,  The  lawfulness  of  a  defenfive  Warre,  againftthe  invading  Forces  of  / 
 a  Soveraignc,  is  warranted  by  the  example  of  the  City  Abel;  which  Rood  out  and 
 defended  it  felfcagainft/^,'Z)<<^WjGencrall,  ?,ndhis  Forces,  when  they  befieged 
 and  battered  it ;  till  they  had  made  their  peace,  with  the  head  of  Sheba  who  fled  into 
 it  for  (hclter,  2  Sam.  20.14  to  1$,  And  by  that  of  Efter,Cht  8.  8.  to  17.  chap;  p. 
 1.  to  17.  pertinent  to  this  purpofe.  Where  Haman  having  gotten  the  Kings  De- 
 cree, to  be  fent  unto  al!  Provinces  for  the  utter  extirpation  of  the  rvhole  Nation  of  the 
 Iervest  the  King  after  Hamans  Execution  (through  Gods  great  mercy,  and  Morde* 
 caiesznd  Qucene  Efters  diligence)  to  prevent  this  bloody  mafl'acrc  by  their  Enemies, 
 granted  to  the  Iewes  in  every  City,  by  Letters  under  his  Scale,  c  To  gather  them- 
 'felves  together,  and  to  ftand  for  their  lives,  to  deftroy,  to  flay,  and  tocauietopcriih 
 €  all  the  power  of  the  people  and  Province  Sijat  toulD  default  tljcir,  both  litle  ones 
 ( and  women,  and  to  take  the  fpoile  of  them  for  a  prey  ;  and  that  the  Iewes  fhould 
 1  be  ready  againft  the  day,  to  aver>ge  tiemfcives  of  their  enemies.  Her  cup  n  when 
 c  the  day,  that  the  Kings  Commandment  and  Decree  (for  their  <x:irpatifn)dic\v  nee  re 
 f  to  be  put  in  execution,  in  the  day  that  the  enemies  of  the  Iewes  hoped  to  have 
 *  power  overthem  ;  the  Iewcs  gathered  thcmklves  together  in  their  Gities,tfcrough- 
 cout  all  the  Provinces  of  King  "Abafuerus.  to  lay  hand  on  mc  h  as  fought  their  hurt; 
 f<M 'and  no  man  could  withftand  them,  for  the  feat  e  of  them  fell  upon  all  people:  And 
 ^' c  all  the  Rulers  ofthe  Provinces,  and  the  Lieutenants,  Deputies,  and  Officers  of  the 
 I «  King  helped  the  Tcwes.becaufc  the  feare  of  Mordeem  fell  upon  them:  So  the  Iewes 
 c  fmote  all  their  enemies  with  the  ftroakcofthe  Sword,  and  (laughter,  and  dellrucli- 
 con,  and  did  what  they  wroulduntOLho(ctbathaccdthem.  In  the  Palace,  they  fl:w 
 
 I  2  <  eight 
 
- — .1  II  II  »  I  -— — — — — ^-T— — 1— ■ ■— ~- — — » — *— »^  '      ' '  ' '     '  *  —    "      "  '  I  .. 
 
 65  The  Lawfulnejfe  of  the  Parliaments  necejjary  Befenfive 
 
 'eight hundred  men,  and  Hamans  tenne  fcnoc$,  on  (cvcrall  dayes.  And  the  other 
 c  Iewes  that  were  in  the  Provinces,  gathered  themfclvcs  together,  and  ^foxiD  fo> 
 1  t\)t\X  HtbeS,  and  had  reft  from  their  enemies,  and  flew  of  their  foes  (eventy  and 
 'five  thoufand,  but  they  laid  not  their  hands  on  the  prey.  LoehereaDefenfive  war, 
 justified,  and  granted  law  full,  by  the  Kings  ownc  Letters  to  the  Ic we*,  againft  their 
 enemies,  who  by  former  Charters  from  him,  had  Commifllon  wholly  to  extirpate 
 them.  Neither  had  this  licence  of  the  Kir  gin  point  of  Confcience,  been  law  full,had 
 their  defence  and  rcfiftancc  of  the  Kings  former  Commifllon  been  wholly  aniawfull. 
 And  the  rcafon  of  the  Kings  grant  to  them,  to  refill  and  flay  their  Enemies,  that 
 would  aflault  them;was  not  (imply ,becaufe their  refiftance  without  it,and  (landing  foe 
 their  lives*  had  becne  unlaw  full,  byreafon  of  the  Kings  firft  un/ufl  Decree,  which 
 they, ought  not  in  Confcience  to  fubmit  to,  without  repugnancy  ;  Eutonely  to  enable 
 the  lewes,  then  Captives,  and  fcattcred  abroad  one  from  another  in  every  Province, 
 with  more  convenience,  fecuritie,  boldnefle,  and  courage  now  to  joync  their  forces 
 together  j  to  rcfift  their  malicious  potent  enemies ;  to  daunt  them  the  more  thereby; 
 Nature  it  felfc,  yea ,  and  all  La  wes  in  fuch  a  bloody  National!  Butchery  as  this,  without 
 any  juft  caufe  at  alI,both  taught  and  enabled  every  one  of  the  Icyjcs%toft«*dfer  his  Hfe% 
 his  Nations,ilelig!Ons,prefervation,evcnto  thclaft  drop  of  blood.Therefore  the  Let- 
 ters of  the  King.did  not  (imply  enable  them  to  rcfift  their  enemies,whkh  they  night 
 have  done  without  them ;  but  givctbem  Authority  to  deftro)y  and  Jlxy  the  wives  and 
 little  children  of  their  Ewmes ,  and  to  take  the  Jf  ode  cf  them  for  a,  frtj  ;  which  they 
 refufedtodoe,becaufethey  deemed  it  un/uft,  notwithstanding  the  Kings  permitfion 
 and  eonceflL  n,  which  as  tothefc  particulars,  was  illegail,  and  more  then  hec  could 
 juttly  grant.    This  gcnerall  National!  refiftance  of  Gods  own  people  then  of  their, 
 aflaulting  cruel!  Enefnies,evenamongStrangcrs,inthelandof  their  Captivity  under 
 a  forraigne  Enemy  ,  with  the  former  and  other  following  precedents,  will  queftion- 
 leiTe  more  then  con jccTurally  prove,  if  not  iriailiblyreiolvejThelawfulncfle  of  a  ne- 
 cei&ry  Defenfivc  YVarre,andoppofitionby  free  Subiedf,  againft  their  King?  aftailing. 
 Forces  which  fcekes  their  mine,  though  armed  with  their  Kings  Commifllon,  and 
 that  without  any  Ordinance  of  Parliament  authorifing  them  to  rc(i(t,much  more  then, 
 when  enabled  to  oppofc  them  by Ordinances  of  boh  Hou  fes,  as  the  I  ewes  were  to 
 refift  and  day  their  enemies  by  this  Kings  Letters  and  Authority* 
 3  3  Thirdly , That  kind  of  refiftance  which  hath  no  one  Text,  nor  E  <ampl:  in  Scripture 
 
 \  to  impeach  it^ la ivfulne(fc,  but  many  Tcx^s  and  precedents  to  countenance  it,  muft 
 doubticfte  be  lawful!  in  point  of  Confcience.  But  the  refirtp-g  of  Kin^s  invading  pil- 
 laging jdeftruc^ive  Forces/  who  have  nothing  to  pkad,to  juftj  fie  all  their  Viliames  but 
 avoid  llkgallW2rrant)hath  no  one  Text  nor  example  in  Scripture  to  impeach  its  law- 
 fulnefte,  for  oi^ght  I  can  findc ;  (and  if  there  be  any  fuch,  I  wifli  the  Oppofitcs  would 
 obje&it,  fartym..  13.  as  I  (hall  (hew  hereafter,  doth  no  waics  contradict,  but  ap- 
 prove it : )   But  it  hath  many  Texts  and  precedents  to  countenance  it,  as  the  prc- 
 
 ^        mifes  and  1c quell  atteft  s  Therefore  it  mult  d^ubtlelTe  bec  lawful!  in  point  of  Von- 
 
 »*ee  L'uc.O-fo"CnCe.  ; 
 
 jiffidet.  En-  Fourthly,  it  is  eonfeffied  by  all  men,  (yea  thofe  who  arc  moft  intoxicated  with  an 
 ch-ridco'it?  o  Anabaptiilicsllfpirit,  condemning  ail  kind  of  warre,  refufing  to  carry  Armes  to 
 V  j?  '•£'  dcfcnd  themfclvcs  ag3inft  any  Enemies,  Thee^es?  or  Pirates)  that  it  is  lawful!  not 
 £^j#L  '    P^dypafllxcly.  to  rcfift  thiir  Kings  unhwfuU.CommaDjs3  and  invading  Forces,  but 
 
w  
 
 Warrcy  both  in  Point  of  Lawy  And  Conference.  69 
 
 ikewifeby  flight,  hiding,  or  other  pollicics,  to  evade  and  prevent  their  violence; 
 which  is  warranted  not  oncly  by  r  Mofcs,  <i  DovmU,  and  r  EU;absy  their  fcvcralj  1  rvod.2.1  ?. 
 flights  from  the  violence  ot' the  Egyptians,  S*k\  and  I(Ktbelt  who  (ought  their  liveSj 
 jutlikewifcby  (1  feph.Mar^auu  £  brtji  himfe/fe,  who  fled  into  £f)/'  /*  e'eape  the  '  li>am,S  to 
 ^and<  and  butcher yo]  King  Herod-,  by  Chriltsown  direction  rohi>  Difciples  Matth.  r,jflnc  , 
 
 10.  2j.    But  when  the j  perfcttfe j ox  in  this  City ,fl'c  jee  into  another  ;  and  that  Prcdi-  'Mat.x.  if. 
 flioncf  his  UMatth*  2  ;.  34,  Beioli,  I  fcr>d  ufio  yon  Prophets  ,  r*^  pi/J  wrw,  rt«^  14  ^S- 
 Scribes,  and ,  im;  o4  them  ye  JhaU  kiil  and  crmcifie,  and  Jom'  oj  them  0  aK  Jen  jconrqe  m 
 
 your  Synagogues  ^andperjecutc  t'jem  from  City  to  C*t)\  which  w*S  really  fulfilled  Afts 
 8.3. 4. c.o.  1  2. ci  1. 10.  ci  5  50, 5 1.  ci 4. 1. to  24. c.  17.  j.  to  1 6. c.  22  42.  c.  26. 
 
 11.  ia,cp.  24,25,26.2  Or.  11.32.  33./CV1/.  12.6.  Or  which  rcadc  more  in  7V- 
 ?*/#4«  his  bjoke  De  Fug*  in  fer/ecutime,  H-ncc  then  I  argue  thus.  That  unjulf, 
 
 iolcnccof  Princes  and  their  Armies,  which  Suwfecls  wich  a  fare  confciencc  may  de- 
 cline and  flee  from,  when  as  they  want  power,  meancs,or  convenience  to  rc(i(t 
 t,thcy  may  no  doubt  lawfully  rcfift  even  with  force  of  Armes,  when  they  have  fjf- 
 cientmcancs  and  conveniences  to  refift, and  cannot  flee  or  fnbtnit  thereto,  without 
 the  pub'icke  ruine:  finccrhe  fame  julicc  and  equity,  which  enables  them  by  fl'ght  or 
 ftratagem  to  decline  un;uft  aliaults  of  a  fuperior  power,  or  its  judgements,  c'oth  like- 
 wife  enable  them  to  efcape  and  prevent  it  with  refinance,  whan  they  cannot  doc  it  by 
 ightor  other  policic:  If  then  they  may  lawfully  with  a  fafeconfcic nee  hide, flee,  or 
 fc  lawfull  policies,  to  prevent  the  open  injuft  violence  of  ti.cir  kings  and  their  C 
 ccrs,  when  no:  guilty  of  any  capitall  crime  defcrving  cmfurcsj  becaufe  by  the  very 
 light  of  nature,  and  Law  of  Charity  they  arc  obliged  roprcfervcthcmfclvcsfromun- 
 jufl:  tyrannic]  and  are  no  wayes  bound  to  fub):c*r  themtclv.s  to  the  cruelty,  the  unju^ 
 aflfaults,or  oppreiTions  ofothers:thenby  trcfelfcfamc  reafon,they  may  Uwfully  with 
 force  of  Armes  defend  themfelves  againft  f  uch  violent  un;uft  attempts  which  they  are 
 no  way  obliged  tofubrnit  unto,  when  as  they  cannot  conveniently  fecute  then  felves 
 and  the  pnblicke,  but  by  fuch  refinance,  and  fhould  both  betray  their  owne,  the  pub- 
 lickcfafery,and  Religion  (as  the  Subjects  and  Parliament  fhould  now  do)  in  cafe  they 
 didnotrefi  I  by  force  of  Armes  totheutmofr  of  their  power:and  become1  ivcrfetlan 
 Jnfilth,  -who  have  even  thus  oft  provided  for  their  owneand  th:  Republickes  fe-  ' l  l'":  ^*8'-' 
 CUririe. 
 
 Tifdy,  God  bimfelfe,  the  fount nine  oj  tjttftice,  the  ll  God  of  *  Order,  the  1  prefer ver 
 of  human  ■  feciety  who  detefts  of  a  I  tyranny  crHe'ty.opfrefion.injufiice,  cut  of  his  ■  phi-  ,  y     .     v„ 
 tanth'rpie  (which  brought  the  S  jnneof  hn  bof  jme  from  heaven  to  earth)  would  re-  E&y  4V.1 »V 
 ver  ccuainely  in  point  of  policy  or  conscience  prohibit  that,  which  is  the  oncly  pro-x  1  Cor.  i«« 
 bablemeanes  and  apparent  remedy,  to  prevent,  fuppreflc  difordcr,  tyranny,  cruelty,  *3  <°- 
 oppr:(Tion,  injudice,  yeaconfufion  in  the  world;  and  to  p'efcrve  good  order  and  hu-  ]  ^  7  :£- 
 mane  feci:  ty  :  a  truth  fo  apparent,  that  no  rationall  man  can  con  trad  id  it.  Therefore]^  ',,V 
 queftionefle  he  never  prohibited  forcible  neceflary  rcfiflancc  of  the  higheft  powers  and  » j^hn  5.  >6. 
 their  inftruments  in  cafes  of  opcnunjufl  violence,  and  hoftile  invafton  made  upon  l  J  )hn4  9. 
 their  people  to  ruins  them,  or  iubvert  their  cftablifhcd  government,  Laws,  Liberties, 
 Iu^ice,Religion  2  There  being  no  other  probable-ordinary  meanes  left  to  any  King-> 
 dome,  Nation,  People,to  prefcrvc  their  government,  lives,  Lawe?3  Liberties,  Reli- 
 gion, and  to  prevent,  fuppreflc,  or  tcdrclfe  tyrannic,  cruelty,  diforder,  confufnn,  yoa 
 attsr  ruinc>  when  thnnXiogs  and  -Governors  degenerate  into  Tyrants,  imadtiag 
 
 then- 
 
7* 
 
 The  Uwftilnejft  of  thePAriuments  nectjfary  Defer; five 
 
 them  with  open  force,  but  onely  defcnilve  Armes :  prayers  and  tearcs  alone,  without 
 military  oppofition  by  force  of  Armes,  bckg  no  more  able  to  defend  a  perfon,  City  cc 
 Kingdoms  againfl  Opprefling  Princes  and  their  Armies,thcn  againft  thcevcs.Pyrates 
 i  Lir  2  .«2.  or  common  enemies;  whom  they  mud  and  ought  to  refutes  well  with  Ar^esisOn- 
 
 wcaletobe  fubverted,  Religion   extirpated;  Lawes  trampled  under  feetc,  their 
 own  polities  tobc  er.flavcd/uined  without  any  oppofition^cven in  a  moment.  For 
 were  it  utterly  unlavvfull,and  no  leile  thanTreafon  or  Rebcilion,in  point  of  consci- 
 ence for  any  fubjecls  to  take  up  Dcfenfive  Armes  to  refift  the  Kings  army,  or  forces, 
 confining  for  the  moft  part  of  Papifts, Delinquents,  deboift  Athcfticall  pcrfons  of  bro- 
 ken fortunes,  feared  confeiences  animoft  irreligious  lives,  I  appcale  to  every  mans 
 confcience,bowfoonethefe  unrelated  Inftrumcnts  of  cruelty  would  utterly  extir- 
 pate our  proteftant  Religion,  and  common  faith,for  which  we  are  enjoyred  earneftly 
 to  contend  and  drive  i?*U  3.  Phil.  1.  27. 2S.  And  (hall  wc  then  yeeld  it  up  and 
 betray  it  to  our  adverfaries  without  ftrife  or  refinance?  how  fodainely  would  they 
 ruin  our  Parliament,  Lawes,  Liberties;  fubvert  all  civill  order,  government;  ereft 
 an  arbitrary  Lawicflc  tyrannicali  Regency  regulated  by  no  lawes  but  will  and  luft? 
 how  foone  would  they  murther;imprifon,  execute  ourNobleft  Lords,  Knights,  Bur- 
 gefleSjbeft  Minifters,and  Commonweaiths-men  for  their  fidelity  to  God,thcir  King 
 and  Country  ?  how  many  Noblefamilies  would  tbey  diGnheute  ?  how  many  wives, 
 widdowe?,  Virgins  would  they  force  and  ravifh;  what  Cities,  what  Countries, 
 would  they  not  totally  pillage,  plunder,  fack,  ruine,  confume  with  fire  and  fword  ? 
 how  bone  would  our  whole  Kingdome  become  an  Aeheldama,  a  wilderncfle,  a  de- 
 viation, and  the  furviving  mhab^  if  not  devils  incarnate? 
 Yea  how  fpeedy  might  any  private  Officers,Captaines,Comriiandcrs,by  colour  of  il- 
 legall  Com uiffions  and  commands  from  the  King,  or  of  their  Orhces,  and  all  the 
 notorious  rogues  and  thecves  of  England,  under  colour  of  being  lifted  in  the  Kings 
 Army,  if  the  people  might  not  in  point  of  Law  or  Con fcience  refill  them  with  Armes 
 whocame  armed  for  to  a  fl  their  viLlanies,maliciou{ly  rob,  fpoyle,  plunder,  murther 
 all  the  Kings  leigc  people,  withoutany  remedy  or  prevention,  and  by  this  pretext, 
 that  they  are  the  Kings  Souldiers,fodainely  feife  and  gaine  all  the  armes,  treafure,forts, 
 ammunition,  power  oftheRealme,  into  their  poffcflions  in  a  moment;  and  having 
 thus  ftrcngthxed  themfelves,  and  flaine  the  Kings  faitbfull  fubjefts,  ufurpe  the  crown 
 it  iclfe  if  they  be  ambitious,  as  many  private  Captaincs  and  Commanders  have  anci- 
 ently flaine  divers  Roman  and  Grecian  Emperours,  yea  fundry  SfanifiyGotkiJb  and 
 Mooripj  Kings  in  Spain  by  fuchpractifesandafpired  to  their  Crowns,  (  of  which  there 
 arc  fundry  fuch  like  presidents  in  moft  other  Realmessjto  pre  ve.ir,rcd res, which  feve- 
 rail  deflruclive  mifchiefes  to  People,  Kingdome,  Kings  themfelves*  God  himfwlfc 
 hath  left  us  no  other  cercainc,proper,  fufficient  remedy  but  a  forcible  rcfiffance,  which 
 all  Kingdomes,  Nations  throughout  the  world, haue  conftantly  f.fedinfuch  cafes,  as 
 I  (hall  manifeft  more  largely  in  the  Appendix.  Therefore  certainciy  it  mud  needs  fc:e 
 lawful),  ^eingGods  and  Natures  fpcciali  Ordinance  to  fecurc  innocent  perfons,  Cu 
 tics, Nations, Kingdomes,  LaWes, Liberties, Lives, Eftatcs,Religion, and  mankinde 
 it  feife,  againft  the  hurtfull  Lulls  of  unnaturail  Tyrants,  and  their  acourfed  inftru- 
 
 ments, 
 
JVarre,  both  in  Point  of  Law,  and  Conscience.  7  o 
 
 ment^againltambitious^reachercus^malc-ccntcntcd  Spirits,malicicufly  bent  againft 
 the  publicke  weale,  and  peace.  There  arc  two  things  ondy  which  uluaily  reltraine 
 irieriour  perfons  from  murthering,  robbing,  diffcifing,  injuring  one  another;  the  one 
 is,fcarcof  punimmcntbythcMagiftratCithc  orher,  fearc  and  danger  of  being  refi- 
 ned, repulfed  with  frame  and  lofleof  Jimbc  or  life  by  thofe  they  violently  aiTault, 
 injure;  and  were  this  once  bclecved,  received  for  Law  or  Divinity  in  the  world,  that 
 it  were  unlawful  to  rcfiu\repulfe  a  thee  fe,murthcrcr,riotor,or  ditTcifor  cemming  in  the 
 Kings  name,  long  enjoy  his  life,  geeds,  liberty,  tends,  butiomc  or  other  would 
 deprive  him  of  them  notwiManding  ail  reft  Hints  of  La  wes,' of  penalties,  and  main- 
 tainc  iuites  againft  him  with  his  owne  cftatc  violently  feifed  on  ;  the  right  of 
 lawfull  defence,  being  every  mans  beft:  fecurity,  to  prefers  his  lifebelt  ate,  in  peace 
 againft  the  violence  of  ancther,whence  the  wifdom  of  the  Common  la  w,  makes  every 
 mans  boufe  his  Caftlefin  the  nece(Tary  defence  wherof,and  of  his  per  Ion,  goods  from 
 the  violence,  rape  of  others,  it  gives  him  libertic  to  bcatc,  repulfe,  yea  kill  injuri- 
 ous affailants :  which  right  of  defence  if  once  denyed,  would  open  a  wide  gap  to  all 
 wickcdn.lTe,injunice,difordcrs  whatfoever,sndfpeedily  bring  in  abfolute  confu- 
 fion,  fiibverlbn  of  all  property,  Law,  Order.  As  for  Emperors,  Kings,  great 
 Orliccrs,and  other  ungodly  inftruments,  armed  with  Princes  un/ult  commifllons, 
 who  dcemc  thernfelves  above  the  reach  of  humane  Lawcs,  cenfures,  and  accountable 
 for  their  unjuft  actions  to  none  but  God  himfeife,  there  is  no  ether  knownc  barrc  or 
 obftacle  to  hinder  or  reftraine  their  armed  violence,  Tyrannic, oppre (lions,  but  oneJy 
 thefcareof  the  oppreffed  aflaultcd  fubjects  armed  refinance;  which  if  once  denyed 
 to  be  lawfull,  all  Royalties  would  loonc  be  transformed  into  profefted  Tyrannies,  all 
 Kings  &  Magistrates  intoTyrants,ail  Liberty  into  fiavcry,  property  into  communitie,. 
 and  every  one  would  thereby  be  cxpofed  as  a  voluntary  prey  to  the  arbitrary  cruelty 
 covctoufneffe,  avarice,luits,ofthegreaCcft  men.  Therefore  doubtlcflc  this  armed  re- 
 finance cannot  but  be  lawfull,  neccflary,  ;uft,  in  point  of  Law  and  Confidence,  to 
 efchew  thefe  generall  mifchicfes. 
 
 Sixtly,  all  will  readily  grant  it  lawfull  in  cafe  of  Conference,  for  fub/ecTs  to  re  fid  2 
 forraignecnemie  which  invades  them  with  force  of  Armes,  though  animatcefby  the 
 King  himfeife  to  fuchinvafion;  andwhyfo,bu:  becaufe  they  are  their  enemies,  who 
 would  wrongfully  deprive  them  of  their  native  inheritance,  Libertics3eftates,  and 
 worke  them  barmc;  upon  which  ground,  we  read  in  the  2  Kings  3.21.  That  when  the 
 Moabites  heard  that  the  Kings  oflfael,  JuJah  and  Edomcame  np  to  fight  a^ainfl  them 
 rrith  a  great  isfrmy^they  gathered  a'l  tint  were  able  to  put  on  armour,  ani  upwardf 
 
 IWithftand  th?m,  and  flood  it  the  border ;  and  when  ever  the  Widianites9  Phili;heSySy~ 
 nans,  Babylonians,  •^Egyptian  r3  Cananites  or  other  enemies  came  to  allault  the  f/rae* 
 litesy  they  prcfemly  aflVmblcd  together  in  Armes  to  encounter  and  repulfe  them,  as 
 the  Hiftories  of  J ojhtta,  Judges,  Samite I ',thc  Kings,  Chronicles,  and  Nekt*  l.h  abun- 
 dantly evidence,  almoft  in  every  Chapter.  If  then  Subjects  may  with  a  good  Con- 
 science refift  forragin  enemies  on  this  ground  alone;  then  likewifc  domeftick  foes  and 
 their  Kings  own  Forces,  when  they  become  open  enemies,  to  rob,  kill,  plundcr,de- 
 ftrcy  them  asinhuroanely,  as  injurioufly  a,s  the  word  Forraigne  foes,  there  being  the 
 felfcfa  me  ground  for  the  lawfulneffcof  refiftanccof  the  one  as  the  other,  and  if  the 
 ballance  encline  to  one  fide  more  than  other,  an  intcftine  cnemic  being  more  unnatu- 
 Mll9,  unjuft,  hurtfull,  dangerous,  and  tranfgreffing   more  Lawcs  of  the  Rcalme 
 
 (which 
 
70 
 
 TheLdwfalneJfeofthe  Parliaments  necejfarj  Defenfivf. 
 
 ( which  oblicgc  not  ftrangersj  than  a  Forraigncr,  and  a  Civiil  warrc  being  far  worfe, 
 and  more  dcftrudivc  than  a  Forraignc;  the  refinance  of  an  homebred  enemy,  mult 
 be  the  more  juft  and  lawfull  of  the  two,  even  in  point  of  Confcicnce. 
 
 Seventhly,  The  vrry  Law  of  God  both  alloweth  and  commands  all  men,  to  rcfift 
 their  fpirituall  enemies,  with  fpirituall  Armes :  Jam  4.7.  Refift  the  Devill  and  he  w{H 
 fleefi-omyou, othcrwifchc  wouideafily  fubdueaml  deitroy  us.  ipet  5.8.9.  Be  fobsr 
 and  vigilant  y  becaufeyour  adverfarie  the  devill  as  a  rearing  Lyon  waizeih  about  feeking 
 whom  be  may  devoure  :  whomrefifl  ftedfaft  inthefai  h,  Mfhef,  5.  10.  to  I  p.  finally  my 
 brethren  beftrong  in  ths  Lord,,  and  in  ths  powsr  of  his  might :  Put  on  the  whole  Armour 
 of  God,that ye  maj  be  able  to  flandagainft  the  wi'es  of  the  devill.  For  we  wreflle  (or 
 warre)  not  a^ainft  flrfh  aid  blood,  but  againfl  Principa'ities,  againfl  powers,  againfl  the 
 Rulers  of  the  dark«ne$e  of  this  worldyagaln^  Spiritual  I  wickednejfe  for  wicked  fpirits^ 
 inhighpUces.  Wherefore  take  unto  you  the  whole  Armour  of  Cjod,  that  ye  rmy  be  able 
 to  withfland  in the  evil  I  day,  and  having  done  all,  to  /land  :  Stand  therefore  having 
 your loynes girdti about  with  truth,  &c.  Above  all  taking  the  fheitd  tf  faith  9  wherewith 
 ye  /hall  be  abb  to  quenc'o  all  tfa  fiery  darts  of  the  wicked;  And  tak*  the  helmet  of  Saiv.i~ 
 tion,andthe  fword  of  the  (pirit,  which  is  the  Word  of  God:  Prajing  alwajes  with  all 
 prtyer  and fupp'icat ion.  Hence  Chriflians  arc  termed,  Sculdiers  of  lefm  Chrifi,  and 
 Ch  'iftiamty  a  warfare \  a^awft  the  world,  the  flejh,a>id  Prince  of  the  world,  the  Devill  \ 
 2  Tim.  2.  3,4.   2C:>r,io.3.    iTim.  1.18.   lam.  4  1.  1  Pet.  2. 11.  Rom.  7.23. 
 2  Cor.  10.4.    1  Cor.  p.  7, 1  fay  41.2.  %?v.  12.  7.  17.  In  which  warfare,  wemuft 
 fight  andrefifleven  unto  blood  ftriving  againfl  fmm,  Hcb.  I  2. 4.  Vfing  not  onely  pray- 
 ers and  tearcs,  but  other  fpirituall  weapon?  of  warre,  mighty  through  Goi9  able  to  cajt 
 d^wne  every  high  thing  that  exa  'teih  itfetfe,  to  brhg  into  Captivitie  every  thought  to  the 
 obediwet  of  Chrift,  and  to  revenge  all  difobedien.e,  2  Cor.  10.  4.  5.  6.  If  then  we  may 
 c  Iohn  1 4.     and  miift  manfully  refill:,  and  fight  againft  our  Spirituall  enemies,  though  Principalities. 
 jo.c.h.ji,   powcrs^  Rulers,  wicked  fpirics  in  high  Places,  and  the c  Prince  of  this  world  himfclf; 
 Ctl  ■1I*       the  Devill,  when  they  aff.ult  and  feckc  to  devoure  our  foulcs :  then  by  the  felfefamc 
 reafon,  wc  hwfully  with  a  fafe  confcicnce  may,  yea  ought  to  refift,repulfc  our  corpo- 
 rall  enemies  when  they  malicioufly,un^ully,f  orcibly  affault  us,again(lall  rules  of  Law, 
 of  Confcienc:,  torn  archer,  enflavc,  deftroy  our  bodies,  Soules,Relfgion,  the  Rcpub- 
 iicke,  whichmurlbedearefttous,  though  they  be  Principalities,  Powers,  Rulers, 
 wicked  Spirits  in  high  Places,  yea  Princes  of  this  world;  with  all  their  under  Officers 
 and  Inftruments  of  cruelty,  not  onely  with  prayers  and  teares,  but  corporall  Arrr.cs 
 gnd  force,  becauf:  they  unnaturally,  tyrannically,icckc the  deftru&ion  of  our  bodies, 
 c[tates1Lib:rcies,RepjbIi:ke,  Religion,  there  being  no  inhibition  in  Scripture,  not  to 
 rcfil  the  one  or  other,  but  infinite  Tests  authoriflng  men,  not  onely  to  refift, but  warre 
 againfl,  y**fl*y  their  malicicns  open  enemies ,  untill  they  be  fub  *ued  or  defiroyed^  Exod. 
 13,  22. 1y.Levr.26. 7.  8. Num. 24.  8.Diut.20.  throughout.  Iofli.c  8. toe.  13. 
 2  Sam.  22.  38.  to  42. 1  Chron.  17.  8. 10.  Efth.  p.  5.  Neither  doe  the  Texts  of  Mar. 
 5    35>.  Luk.  6, 19.  ButIfayunt3you,thttyer"feftnotcviU,butwhofoevcrfi!llfmttc 
 Ca'f^ku*  *hee  on  th*  right  cbeekjytume  to  him  the  other  a!fe, and  bin  thattaketh  away  thy  clo*k$, 
 1#  '  forbid  not  to  take  thy  c  >atealfo;  prohibit  all  acluall  refinance  of  publick  violence  offered 
 
 'Sum  Theolo*.  by  enemies  to  our  pctfons,  goods,  or  lawfull  defenfive  warr*s;  which  precept  (as  is 
 pan.jtfu.47.  clcarc  by  the  context,  and  rcfolvel  by  d  A#gufti*e,  Gratia*,  *Alenfisy  andf  others,) 
 E^fic.9'Cxtencls  °^y t0  fomc  Private  injuries  and  revenges,  and  to  the  inward  patient 
 'DeCto&ji.*  preparation 
 
IVarrc,  hathtn  Tointef  Law^  andCovfac-nce.  71 
 
 preparation  of  the  mind  toiutTcr  \\\  o  injuries,  ratter  tic  malicioufly  to  reverse  a  Gi  gle 
 unc,cf.>cciaily  in  caf.s  where  wc  wart  ability  to  refill;  nottoan  aftuall  bearing  or  all 
 groffc outward  injuries  to  oar  pcrlons  or  eftatcs,  without  reCfttnce;  which  precipe 
 Wnggivcn  generally  to  ail  Chrrfhians;  to  Kings  and  Magillratcs  ?s  well  as  Subjects, 
 if  if  bcltrijtly  org  ed  *  prohibits  Kings ar.d  Magillratcs  to  refifttbe  violence  and  inju- 
 ries ofthc  people, as  n,uch  as  the  people, not  to  repute  the  Armed  violence  and  op- 
 prefiionsof  their  Princes  and  Govcrnours  :  and  that  Text  of  L  \mn  5.  6.  Tchxie  ccn- 
 d-mned  and  filled  the  jufi.  and  hi  dithftit  ref.fi  1M,  ( which  fomc  thinkc  is  meant  of 
 Chrift  alone,)  proves  oncly,tha:  lame  jiift  men, and  many  Martyrs  have  becne  con- 
 demned and  killed  without  refiilance,  asour  Saviour  was; not  thaticis  uniawfuilto 
 rcfift  an  open  enemy,  thecfeormurtherer,  who  comes  to  kill,  rob,  or  plunder  us  a- 
 gainft  Law  and  Confciencc.  I  read  of f  Saint  A>  -^rrw,  that  when  the  people  ran  together  tqr(lX'imCaur 
 tit  multitudes  torrfcue  him  out  of  the  bands  cf  a  wicked  man,  ar.d  defend  htm  from  the  in-  t$.qU  1.  Us 
 jur)  of death,  he  teaching  them  both  byword  and  example,  exported  th(mt  not  to  hinder  I'LunJcsvite 
 his  m*rtjrdome\  yet  the  people  lawfully  refcued  innccent  Jonathan,   fern  that  unjust  hs  fancies 
 deAth  which  his  Father  King  Saul  twice  vowed  he  fhould  undtrgoe  :  Some  mens  pati-  g^j^J470 
 enc  fufjering  death  and  injuries  without  refinance,  is  no  better  an  argument,  that  all  ^.ji/t©4!^ 
 therefore  muftfo  fuif:r  without  oppofition,  then  that  all  men  ought  to  yccld  their 
 purfes  up  to  high- way  thecves,  or  their  pcrfons,  goods,  fhips,to  Turkes  and  Pyrarcs, 
 without  right  or  refinance,  becaufc  fomc,  yea  many  have  mamcfuilyf  dene  it  for  want 
 of  courage  when  they  were  able  to  refill,  and  fo  have  defcrvedly   loft  their  purfes, 
 {hippes,  goods,  liberties,  and  become  Turkifli  Gaily- (laves,  to  the  ruinc  of  their 
 cftatcs,  bodies,  foules,  which  miferies  by  a  manfull  juft  defence,  they  might  have 
 eafiiy  prevented.  All  which  confidcred;  I  fee  no  ground  in  Scripture,  nor  rcafon,but 
 that  tcmporall  enemies  of  all  kindes  which  wrongfully  invade  our  perfons  or  eftates 
 by  open  force  of  Armesin  a  warlike  manner,  maybe  refilled  with  tcmporall  wea- 
 pons, as  well  as  fpit  ituall  enemies  with  fpirituall  Armes. 
 
 Eighthly,  That  which  all  Nations  in  all  ages  by  the  very  light  of  nature  have  com-         g# 
 flantly  pra&ifcd,  as  juft  and  iawfuil,  mull  dcubtleflc  h  be  lawfull  in  point  of  confei-  h  Rom  Zil^ 
 ence,  if  there  be  no  Law  of  God  to  the  contrary.  But  fclfe-defcncc  againft  invading  1  u 
 
 Tyrants  and  their  inftruments  hath  by  the  very  light  of  Nature  bcene  cchftantly 
 pra&ifcd,  by  all  Nations  in  all  ages,  as  juft  and  law  full,  which  the  premifes,  the  Ap- 
 pendix, the  Hiftorics  of  all  ages  evidence;  there  being  never  any  one  Nation  or  King- 
 dome  for  ought  I  flndc,  that  ever  yet  reputed  it  athing  unlawfull  in  point  of  Con- 
 fciencc-, to  reuTtthc  op;n  malicious  dcftrucTivc  tyranny,  violence,  hcftility  of  their  un- 
 naturall  Princes,  or  that  defifted  from  any  fuch  re fiitancc, giving  therufrlvcs  up  wil- 
 lingly to  their  outragiouslufts  and  butcheries,  without  any  opposition  (though  fomc 
 private  men  and  Manyrcs  have  fometimes  done  ir,upon  particular  rea(cns,as  to  svoid 
 the  fcandall  of  Religion;  to  bcarc  witnefle  to  the  truth.for  the  confirmation  and  con- 
 verfjonof  others;  or  for  want  of  power  oropcrtunity  torc/lft;  or  to  avoyd  a  genc- 
 rallmaffacre  of  their  fellow  Chriftians,  or  becaufc  they  were  onely  a  few  private 
 men;  and  their  religi  on  dire&ly  oppeiltetothe  Lawes  and  government  under  which  DtiFen/a  r?. 
 they  lived,  or  the  like,  not  becaufc  they  judged  all  refiftance  (imply  unlawfull,  as  fclv.n^ot 
 'b'inde Doctors  falfely  informe  us,  which  I  fhall  prove  hereafter; ;  and  there  is  no  ^"^c,i'c5 
 Law  of  God  at  all  to  prohibitc  (uch  refiftance  2  therefore  doubtlcfTc  it  muft  bclaw-  to'^hyCcn 
 full,  even  in  point  of  confciencc.  fticiMc.  °J 
 
 K  Ninthly, 
 
jz  The  Lawfulm ffi  of  the  Parliaments  necejfarj  Defenfive 
 
 Ci   i  ■  i  ...  ■  ,  ■       ,  , 
 
 9.  Ninthly,  that  which  is  dircflly  oppofice  to  whatisabfolutcly  illegall,  and  un  juft  in 
 
 point  of  confcience,  and  the  chiefe  law  full  obftacle  and  remedy  ,to  prevent  or  rcdreflc 
 it,  muft  certaincly  be  juft,  be  lawfull  in  the  court  of  Confcicncc,  fincc  that  which  is 
 directly  oppofite  to  that  which  is  fimply  ill,  and  unjuQ:,trmft  neceffariiy  be  good  and 
 )uft.  But  neccflary  juft  defence  by  force  of  Armes,  is  directly  oppofitc  to  that  open 
 Armed  violence,  and  tyranny  w^ich  is  abfolutely  illegall  and  un  juft  in  point  of  Con- 
 fcicncc, and  the  chicfe  lawfull  remedy  and  obftacle  to  prevent  or  rcdreflc  it:  as  reafon, 
 experience  and  the  premifes  evidence,  Therefore  it  muft  neceffariiy  be  juft  and  law- 
 full,  even  in  the  Court  of  Confcicncc. 
 I  j^  TenthIy,That  refiftancc  which  doth  neither  oppofe  the  Kings  royal  perfon,nor  law- 
 full  Authority;  muft  certaincly  be  lawfull  in  point  of  confciencc :  Butthc  rcfiftance  cf 
 the  Kings  Forces  not  accompanied  with  his  perfon,  in  the  cxreution  of  his  un/uft 
 commands;  is  neither  a  rcfiftance  of  his  Royail  perfon,  (for  that  is  abfent,  and  his  Ca- 
 vallicrs  I  hope  are  no  Kings,  nor  yet  invefted  with  the  priviledges  of  Kings-  not 
 yet  of  his  lawfull  Authority;)  his  illegall  Commiffions  and  Commands,  being  mccrc 
 nullities  in  Law,  transfer!  ing  no  particle  of  his  juft  Authority  to  thole  who  execute 
 them.  Therefore  it  muft  certaincly  be  lawfull  in  point  of  confcicricc. 
 c~j  Eleventhly,  That  rcfiftance  which  is  the  onely  remedy  to  keepe  not  onely  Kings 
 
 -  ?      thcmfclves,  but  every  one  of  their  Officers  and  Souldicrs  from  being  abfolutc  Ty- 
 rants, Monarchs;  and  the  dcnyall  whereof,  equal'zcth  every  fculdicr,  and  particular 
 Officer  to  Kings,yea  God  himfelfc  (  whofe  prerogative  only  it  is  to  have  an  *  abfolutc 
 unrefiftable  wil;)muft  doubtlefle  be  lawful  in  the  Court  of  Confcience.  But  this  necck 
 f  Rom}  9.     fary  defenfive  refiftancc  now  ufed  by  the  Parliament  and  Subjects,  is  fuch:  For  if  they 
 ?*>.*?!l        may  not  refift  any  of  the  Kings  Officers  or  Souldiers  in  their  piunderings,  rapines, 
 ficrings,  fackings  of  Towncs,  beating,  wounding,  murtheringthe  Kings  lcige  peo- 
 ple and  the  like;  will  not  every  common  Souldier  and  Officer  be  an  abfolutc  Tyrant, 
 cquall in  Monarchie  to  the  great  Turkc  himfclf5and  faramouni  the  King,who  hath  dd 
 abfolute  irrefiftabic  Soveraigncty  in  tbefe  particulars  ?  Either  therefore  this  refiftancc 
 muft  be  granted,not  onely  as  lawfull,  but  (imply  neceffary,  elfe  every  office  rand  coro- 
 rmn  Souldier  wi  1  be  more  than  an  abfolutc  King  and  Monarch,  every  fubjed  worfc 
 than  a  Turkifh  flave,  and  expofed  to  as  many  uncontrolable  Soveraigncs,  as  there  arc 
 Souldicrs  in  the  Kings  Army,  be  their  conditions  never  fo  vile,  theirqu^Iitie  never  fo 
 mean,andthcgreateftPecresonthe  Parliaments  party,  muft  be  irrcfiftably  fubjeel 
 to  thefc  new  abfolutc  Soveraignes  luftsand  wills. 
 \%.        Twelfthly,  if  ail  thefe  will  not  yet  fatisfle  Confcience  in  the  LawfulnefTe,  the 
 juftncfTe  of  the  Parliaments  and  peoples  prefent  forcible  rcfiftance  of  the  Kings 
 Captaincsand  Forces,  though  Armed  withanillegall  Commiffion  (which  makes  no- 
 thing at  all  in  the  cafc,becaufc  voyd  in  Lawjthcre  is  this  one  Argument  yet  remaining 
 which  will  fatisfle  the  moft  fcrupulous.malignanr,  oppofite  Confcience :  That  neccf- 
 »Sk  Doflor  fary  forcible  rcfifcance  which  is  Authorifcd ,  and  Commanded  by  the  Suprcameft  la  w- 
 Vlk\fth      ^  P°wcr  aJlc*  higheftSoveraigne  Authority  in  the  Rcaime,  muft  infallibly  be  juft 
 rtnfdencts    anc*  lawfull,  even  in  point  of  Confcicnce,by  the  exprcfle  Refolution  of  Ityn.  t  $.  an,U 
 The  Grand      our  oppofitcs  owne  confeffion;  trho  have  k  no  cthtr  Argument  to  prove  the  Offenfiv'e 
 Rebe:iio*;Tbi  wre  on  the  Kings  part  LawffiU,  but  becaufeit  is  co^m^ded;and the  Tar foments  and 
 H£C'ivty  ^     SubjeUs Defenfive  esfrmes  Vn'.Hvoftid,  but  hcaufe prohibited  by  the  King\  ychom  they 
 subfecli**,    f*f<lJ  *$ri»U  to  be  the  higheft  Swsraigne  power  in  the  Kt"gdwe}  ifavc  th  Parliament 
 aad  other* ,  *nd 
 
I  Vane,  both  in  Point  of Law ,  and  Cwfcicncc.  73 
 
 undrvloole  Rcalme collclhvtly  cotfidtreil.  Dut  this  rdiitancc  of  rhc  Kings  Popifhn.a- 
 lignant, invading  l;orcci»;  is  Authorizid  and  Commanded  by  the  CXprcfie  Votcsand 
 Ordinances  of  both  Honfes  of  Parliament,  which  1  have  already  unacmably  manifc- 
 ftcd,  tobcthcSuprcamcfc  Lawful  r\)wer,and  Sovcrcigncit  Authority  in  the  Rcalme> 
 Paramount  the  King  himftlfc,  who  isbut  the  Parliaments  and  Kmgdomcs  Publicke 
 Royall  Savant  for  their good  :  therefore  this  Refinance  n^ii'c  infallibly  be  jufc  and 
 Lawful!, even  m  Point  of  Confcience. 
 
 Thus  much  for  the  Lawfulncfle  in  Court  of  Confcience  of  refitting  the  Kings  un- 
 /ufUy  ailaulting  Forces,armcd  with  his Commiflion  t  I  now  proccedc  to  the  juft- 
 ncfic  of  oppofing  them  by  way  01  forcible  reiittancc  when  accompanied  with  his  per- 
 ianal I  pre  fence* 
 
 That  the  Kings  Army  of  Papifts  and  Malignant*,  invading  the  Parliaments  or 
 Sub/c&s  pcrions,  goods,  Lawes,  Liberties,  Religion,  may  even  in  Confcience  bee 
 julUy  rented  with  forcc,though  accompanied  with  his  pcrfon,fccmcs  mod  apparently 
 clcarc  to  me,not  only  by  the  preccedmg  Reafons,but  alio  by  many  exprcvTc  Authorities 
 recorded,  and  approved  in  Scripture,  not  commonly  taken  notice  of :  as, 
 
 Fidr,  By  the  ancicnteft  precedent  of  a  defenfive  warre  that  wcread  of  in  the  world,. 
 Gen.  14, 1.  to  24.  where  the  five  Kings  of  Scdom,  (fomorrah^  Admah}  Ztboiim>vod 
 Zoar,  rebelling  againft  Chedorlaomer  King  of  Nations,  after  they  had  fcrved  him 
 twelve  yeeres,  defended  thcmfclves  by  armes  and  battle  againft  his  aflaults,  and  th« 
 Kings  joyncd  with  him;  who  difcomfiting  thefe  five  Kings,  pillaging  $<dom  and 
 Gomorrah,  and  taking  Lot,  and  his  goods  along  with  them  as  a  prey:  hereupon  Abra- 
 ham himfelfe,  the  Father  of  tbep.it h full,  in  defence  of  his  Nephew  Loty  to  refcue  him 
 and  his  fubltancc  from  the  cnemic,  taking  with  him  318.  trained  men  of  his  ownc  fa- 
 mily, purfucd  CW^*w*r,  and  the  Kings  with  him,  to  Dant  atTaulted  them  m  the 
 eight,  fmoteand  purfued  them  unto  Hoba,  regained  all  the  goods  and  priloncrs,with 
 his  Nephew  Lot>  and  rcftorcd  both  goods  and  pcrfons  freely  to  the  Kingtf  Sodom  , 
 thereby  jultifying  bis  and  his  peoples  forcible  dcfcnce,tgainft  their  invading  enemies, 
 in  the  bchalfc  of  his  captivated  plundred  Nephewr  and  Neighbors. 
 
 Secondly,  by  the  Example  of  the  Ifraclices,  who  were  not  oncly  King  Pharaoh  his 
 Subjects  buc  Bondmen  too,  as  is  evident  by  Exod,ch.  1.  to  12.  Dcut,  6.  it.  c.  7.  8. 
 c.  ij.ij.c.  16. 12.0  24  18.22.  Ezra.  9.  9.  Now  M*fes*nd  A^ron  being  fent  by 
 G  od  to  deliver  them  from  their  t^yptian  bondage, after  4^0.  y cares  captivity,  un- 
 der colour  of  demanding  but  three  dayes  liberty  to  goc  into  the  w ildcrneffc  to  { ervc 
 the  Lord,and/^4rrf<j&,  (notwithstanding  all  Gcds  Miracles  and  Plagues,)  re fufing  Mill 
 to  let  them  depart,  till  enforced  roit  by  the  (laughter  of  the  Egyptians  firft  borne; 
 as  fooncas  the  Ifraelites  were  marching  away,  Pharaoh  and  the  <s£gyptiansy  repen- 
 n* go  f  their  departure,  purlued  them  with  theii  Chariots  and  Horfc$,and  a  great  army 
 even  to  the  red  Sea,  to  reduce  them;  hereupon  thz  Jfratiites  being  aftoniflied  and 
 murmuring  againfr  Mofcsy  giving  themfclvcs  all  for  dead  men;  Mofes  fayd  unto  the 
 people  feareje  not.fta >  aflttl ,  an  ifee  the  Salvation  rf  the  Lord>  which  he  will  Jt^w  to  yon 
 tbu  day  :  for  he  ts£  yptu>  s  whom  you  have  fe  ne  to  day \ye  fhall fee tfxm  agame no  more 
 for  ever ,  the  Lord  Qi*l 'I  fight  for you  %  &c.  Ad  h'.reup  n  God  himflfe  difcumfited  ran- 
 ted, anddrorPKtdthm  all  in  the  red  JVrf.-Iwould  demaund  in  this  caie,wh«thcr  the  Ifra- 
 liccs  might  not  here  hwfully  f  for  their  ownc  redcmprion  fromunjuftbondagejhave 
 fought  againft  and  reiiitcd  their  Lord,  King  Pharaob^wd  his  invading  H&ft,accorr> 
 
 ^K  2  pamed 
 
74  The  Latvfulneffe  of  the  Parliaments  neceff'ary  Defer* five 
 
 panied  with  his  preiencc,  had  they  had  power  aid  hearts  co  doe  ir,  as  well  as  God 
 fcimfclfe,  who  fought  againft  and  deftroyed  them  on  their  bebalft;  Jffo,  ( as  all  men 
 I  thinke  muft  grant,  unleflc  they  willcenfitre  God  himfclFeJ  then  a  defenfive  warre 
 in  refpeft  of  life  and  liberty  oncly,  is  juft  and  Lawful!  even  in  conference,  by  this 
 moft  memorable  ftory. 
 
 v\  Thirdly,  by  that  example  recorded  Ifilgcs  $.  S.p.  10.  where  God  growing  an- 
 
 gry  with  the  Ifradites  for  their  Apoftacie  and  Idolatry,  fcid  them  (here  was  a  divine 
 title)  into  the  hands  of  C#flnr.*RiJhathdm  King  of  CMefopctawia,  and  the  children 
 of  //?v*<7 ferved  him  8.  yearcs.  Here  was  alawfull  title  by  conqueftaod  8yeeresfub- 
 miflion  (econding  it. But  when  thccbild'e*  of  Ifrael  cry ed  tint  o  the  Lordtthe  Lordraifed 
 up  a  deliverer  to  them  even  Othniel,  the  I on- e  of  Kenan  :  and  the  Spirit  of  the  Lord  came 
 tpm hint)  and  he  went  out  to  warre,  and  the  Lord  delivered  (fujhan-rifbathaw  King  of 
 Jtfefopot awia  into  his  hands >  and  hi*  handprev }  ailed again ft  Umi  fo  the  land  had  reft  40, 
 yews.  Loe  here  a  juft  defenfive  warre  approved  and  raifed  up  by  God  and  his  Spirit 
 ('in  an  ordinary  manner  only,  as  I  take  ir,  by  encouraging  the  I  nftrumentj)  wherein 
 a  conquering  King,  for  Redemption  of  former  liberties,  is  not  onely  rclifted  but  con- 
 quered, taken  prifoner,  and  his  former  dominion  abrogated,  by  thofc  that  ferved 
 him5as  conquered  fub  je&s. 
 
 v  Fourthly,  by  the  example  of  Ehud,  and  the  Ifrae/itef,  Iudges  chap.  3 , 1  r .  to  3 1 } 
 
 where  we  finde,God  himfelf  ftrengthning  Eglon  King  of  Mo*b  againtt  the  IfraeUtes 
 for  their  finncs,  who  thereupon  gathering  an  Army  imote  Ifrasl%  pclTefTcd  their  Ci- 
 ties, fo  as  the  Ifradites  ferved  this  King  1 8.  ycercs.  Here  was  a  title  by  conquefr, 
 approved  by  God,  fubmittcd  to  by  the  IfraeUtes :  yet  after  all  this,  when  the  chil- 
 dren of  Ifrael  cryed  unto  the  Lord,he  raifed  them  up  a  deliverer,  namely  £  W,who 
 (tabbing  Eglon  the  King  in  the  belly,  under  pretext  of  private  conference  with  him, 
 and  cfcaping;hc  thereupon  blew  the  trumpet,  commanded  the  Ifraeiites  to  follow 
 him  to  the  warre,  flew  ten  thoufand  valiant  men  of  A*6shr  which  he  fubducd,  and 
 procured  reft  to  his  Country  40. .  yceres.  God,  his  Spirit,  Wofd,  approving  this 
 his  action. 
 
 Fifthly,  by  the  example  of  ^w/Und  Z)*^Mudges  ^.4.  and  5  ♦Where  God 
 felling  the  children  of  Ifrael  for  their  finnes  into  the  hand  of  iMn  King  of  £4na*n> 
 andhisCaptaine^^,  for  ao.yeeresfpice,  during  which  he  mightily  oppreffed 
 them,  hereupon  B*rack^zx.  the  inftigation  of  the  Prophctefle  Vebwb,  by  the  com 
 
 ; 
 
 mandofrheLordGodof  Ifrael,  gathered  an  Army  often  thoufand  men;  which 
 Sifrra^nd  the  King  of  Canaan  hearing  of,  aflembled  all  their  Chariots  and  Army  to- 
 gether, at  the  River  of  Kifion,  where  the  Lord  difcomfitcd  Sifera  and  all  his 
 Hoft,  with  the  edge  of  the  f.vord  before  Ba-ackJ\h  Army,  and  fubdued  labin  the 
 King  of  C*«***>  before  the  children  of  Ifrael-.  which  warre  is  by -a (pcciall  Song  of 
 Deborah  and  Barack^  highly  extolled,  and  God  in  it,  as  moft  juft  and  honorable :  and 
 this  curfc  denounced  againft  thofetbat  refufedtoaffiftinit,//*^/  4.  *?.  Cnrfi  ye 
 Mercz. >(  faith-  the  Angel  of  the  Lordy  cwfe  ye  bitterly  the  inhabitants  thereof,  becaufe 
 they  came  not  out  to  the  helpe  of  the  Lor dy  to  thebdpe  of  the  Lord,  againft  the  mighty; 
 with  this  Corollary;/}  let  all  thtne  enemies  psnjh  0  Lord:  but  let  ih'm  that  love  thee 
 -  btias  thefunne  rthen  it  goet  '-forth  in  hid  might.  What  more  can  confeience  def ire  to 
 juftifie  the  lawfulncftcof  a  juft  defenfive  warre? 
 €*-  SJ*cWy*ky .the  Example  of  -Gidm  and  the  Ifraclices,  Judges  c.63  Who  being  de^ 
 
 JiversdJ 
 
re,  both  in  Point  of  Law,  and Confciexce.  7 5 
 
 livcrcd  by  God  into  the  1  he  Prince  of  -  ,;  Han  for  feven  yczrts  .Gideon  by  fpc- 
 
 cull  incouragement  and  dircdion  from  God  hitniclfe,  withapoore  dcipicablc  Army 
 of  3 00.  men,  defeated  the  great  Hoatt  of  the  Mdianittf,  and  tooke  and  flew  their 
 Princes  Bythcfe  4  lift  pregnant  presents,  it  is  moft  evident,  that  a  forraignc  K: 
 who  hath  gained  a  fide  oncly  by  conqueft  (chough  with  divine  concurrence,  by 
 way  of  puni(hmcnt  for  that  peoples  finncj  may  lawfully  be  refilled,  repullcd,  even 
 afcer  iomey  cares  forced  fubjedion  and  fubmiflion  to  him,by  the  people  conquered, to 
 rcgainc  their  former  liberties. 
 
 Seventhly,  by  the  precedent  of  ^Abimdech  King  of  Shechemy  who  being  eleded 
 King  by  the  voluntary  atfents  of  the  people,  God  afterwards  fending  an  evill  fp. 
 of  divilion  between  Abimelech  and  the  men  of  Shech*  *t;thcTcupon  they  revolted  from 
 him,  and  chuftng  Gael  for  their  Captain?,  fortified  the  City  ag*inft  him;  and  when 
 jOfimsUch  came  with  an  Army  to  take  in  the  Townc,  they  in  their  defence,  wcr.t 
 forth  and  fought  with  him;  refilled  his  feige,and  they  of  the  Tower  of  Si  e  chemftzr.. 
 ding  upon  their  guard  refufedtofurrender  it  after  the  Towr.c  was  furprifed/and 
 were  burnt.  Aher  which  comming  too  neare  the  wais,  at  the  Tower  6f&tetet 
 ^faulted  by  A  rime  leeb  he  had  his  braines  and  head  fo  bruifed  with  the  peecc  of  a 
 milftonc  calf  downc  upon  him  by  a  woman,  that  he  called  haftily  to  his  Armour- 
 bearer,  and  faLd  unto  him:  draw  rhyfwordand  flay  me,  that  men  fay  not  of  me;  4  n^- 
 manflew  bim\  whereupon  he  thrutt  him  through,  that  he  dyed.-  ar.d  fo  every  man 
 departed  to  his  place.  Thus  God  rencfrcd  the  vr:ckcdncfTc  of  Abimtlech,  and  all  the 
 evill  of  the  men  of  S^chcmjpon  their  own  heads,  1h4$cs  9.  So  the  Text. 
 
 Eighthly, by  the  example  of  ISpthdb,  who  afcer  that  God  had  fold  the  Israelites  for 
 their  Idolatry  into  the  hands  of  the  children  of  Amwon  1  8 .  yeercs  (pace,  Iepthah  be- 
 ing made  bcadand  Captaine  by  the  Elders  and  people  of  Gile*i>  firft  argued  the  cafe 
 wuhthcKincof  Amnion  touching  the  un/ultnetTe  of  his  war  re  upon  them,  dcfiring 
 God  tob  sludge  bet  weene  them;  and  then  by  Gods  afliltance,  fmocc  and  fubdued  the 
 Ammonites  and  their  Cities,  fudg.  c.  1 1 .  And  (o  cift  erf  their  yoake. 
 
 Ninthly,  By  thepradifcof  Sanpfo*,  who  after  God  had  delivered  the  J/rrfite 
 into  the  hands  of  the  Philiftimcs  who  ruled  over  them  forty  ycares  fpacc.did  by  Gods 
 extraordinary  ailiftancc  oft  encounter,  (fey  andrefife  the  Pltl^hje/y  refcuingV  : 
 prciTcd  Ifroitttes  from  their  vaffalagc;  and  at  his  death  flew  more  of  them  then  in  his 
 life,/W£.c,i3.to  17.  which  deliverance  was  after  wards,  per  feded  by  Samiel^  r 
 S-  m  7.  and  approved,  nay,  wrought  by  God* 
 
 Tenthly.by  the  EximplcofD*z'/W,  who  being  perfecuted  by  feci  if ragous  difTem- 
 bling  King Saul  his  father-in-law  fa  notable  patterne  of  trc  inconftancic  and  invali- 
 d.tie  of  Kings  folcmncftoathes and  Protections:,)  whocontrary  to  manyfolemne 
 vowes  and  f  cighned  reconciliations,  fought  unjuftly  to  deprive  hiroof  his  life;  there- 
 upon Z>~^fW retired  from  the  Court,  entertained  a  guard  of  foure  hundred  men,  and 
 became  a  Captaine  over  them.  1  Sam.  22.  2.  After  which  AbUther  efcapin^  to  him 
 fromiV^  when  the  PriehV?  there  were  flainc  by  Doeg%  upon  Sautes  command,  for 
 Davids  fake,  David  ufed  thefc  words  to  him.  Abide  thou  with  mey  fartnbt,  for  h 
 that  fceketb  tbj  life  feekftb  mjlife,  but  v>ith  ms'trou  fi*lt  be  infafeguirdt  I  Sam.  21.12 , 
 Soone  after  the  ^^iV/^Jw^bcfeiging  Kcilah,  Davidby  Gods  enccuragcrnenr,  fmote 
 themandfaved  Kdlah^  intending  there  to  fccurchimfelfe  and  his  men  :  which  t'iul 
 hearing  of,  faid;  God  hath  delivered  him  into  mykanis }for  he  hfifff  m  b}  xutrWg  h  to  a 
 
 K  .  3  wc  c 
 
y$  Tht  LtovfalneJfcoftheFtriiments  mceffary  Defenfive 
 
 Towns  whichhath  gates  andbarres,  whereupon  he  cxtiedaHths  people  together  to  befelge 
 David  arid  his  men :  (which  he  needed  not  doc,  did  he  or  any  elfe  belecve,  that  they 
 would  not,  ought  not  to  have  made  any  forcible  refinance:,)  David  informed  here- 
 of; enquired  fcrioufly  of  God,  whether  Saul  would  ccrtainely  come  downc/  and  de- 
 manded twice  of  him  :  wlU  the  men  of  Keila  \  d; •liver  me  and  my  men  up  in0  his  band? 
 And  the  Lor'd  faid,  the)  will  deliver  thee  up.  Had  not  David  and  his  men  refolvcd  to 
 fortifie  and  defend  themfelves  there,  if  the  snen  of  Kelah  would  have  becnefaithfuil 
 to  them,  and  beleevcd  they  might  have  refilled  Saul  with  bis  Forces,  certainely  he 
 would  never  have  prcfumed  to  askc  fuch  a  question  twice  together  of  God  bimfelfe, 
 to  receive  his  refolution  therein,  neither  would  God  have  vouchfafed  an  anfwere 
 thereto/  but  his  double  inquirie,  and  Gods  refolution,  infallibly  demonftrate  his  in- 
 tention to  refill:,  and  the  la  wfulnes  of  his  dcfenfivG  re(iftancc,would  the  Ketlitcs  have 
 adhered  to  him.  This  the  very  next  Words  fully  cieare,  i$am.  23.1$.  Then  David 
 andhismen,  about  fix  hundred  a 'ofe>  and  deputed  out  of  Kcilah,  an  1  went  wherefoever 
 the)  could  goeya*->dit  was  told  Saul,  that  David  was  efcapea  from  Keilah:  Gods  pre- 
 diction of  the  Keilites  treachery  was  the  oncly  caufe  of  their  departure  thence,  where 
 they  had  refolved  to  defend  themfelves,  of  which  hope  being  difappointed  beyond 
 expectation,  they  went  whitherfocver  they  could  goc.  After  which  David  and  his 
 men  being  but  few  in  number,  not  able  in  humane  probability,  without  tempting 
 God,  to  encounter  Sauls  great  Forces,  retired  themfelves  into  woods,  mountaines, 
 rockes,ftrong  holds,  wilderneffo;  where  Sazl  purfuing  them,  they  dill  declined 
 him:  but  had  he  and  his  army  ever  ailaulted  them,  no  doubt  they  would  and  might 
 lawfully  have  defended  themfelves,  clfe  why  did  they  joyne  themfelves  in  a  body  ? 
 why  retire  to  ftrong  holds,  and  places  of  advantage?  why  *  twice  urge  David to 
 *iSa  1;  11  kiU^a/in  coldbloodawhenhcdid  notaftually  aflauit  him,  but  came  cafualiy  una- 
 to  29^14. 1.  wares  within  his  danger .?  WhydidD^Whimfclfe  fay,  even  when  he  iparcd  his 
 to  zo.&c,a6.  life  when  he  was  a  fleepe,  1  Sam.  2 6. 10.  As  the  Lordlivcth,  the  Lord  fhallfmite  hm 
 erhuday  Jharl  come  to  dje,  or  he  fiall  defend  into  bat  tell  and  peri (hi  but  that  if  he  had 
 given  him  battle,  he  might  have  defended  himielfc  againft  him,  though  Saul  mould 
 cafualiy  or  wilfully  periili  in  the  fight  ?  And  why  was  DavMo  importunate  to  <*oe 
 upagainft  him  with  King  Acbifit  to  the  battle  wherein  he  perimed,  1  Sam,  79  w^rc 
 refinance  of  him,in  cafe  he  ailaulted  him,and  his  Forccs,uttcrly  anlaw full? This  prece- 
 dent of  Dayidthcn,  if  rightly  weighed,  is  very  punduall,to  prove  the  juftneflc  of  a 
 defenfive  warre,  (of  which  morcanon)  and  no  evidence  at  all  againit  it* 
 •-  .  Eleventhly ,  by  the  pra&ifc  of  the  10.  Tribes  :  whoaker  their  revolt  from  Reheboan 
 
 for  giving  them  an  harfih  indifcreet  anfwere  to  their  juft  demands,  fctting  up  another 
 King  and  Kingdoms, even  by  divine  approbation,*  Rehoboam  thereupon  raifing  a  great 
 Army  to  fight  againft  and  reduce  them  to  hisobdience;  God  himfeifeby  Sernriahthz 
 Prophet,fent  this  expreffe  inhibition  to  Rehoboam  and  his  Army  :  Thus  faith  the  Lord% 
 ye  fhaU  not  go  #:>,  n„r  fight  agAinfr  jour  brethren  returne  eiery  man  to  hx  houfe^  FOR 
 THIS  IS  DONE  Of  ME:  Whereupon  the  obey d  the  Word  of  the  Lord  andre- 
 tumed :  1  Kings  12.  2  Chron.  c.  10.  and  1  1  •  After  winch  long  warres  continued  bc- 
 tweenethefc  Kingdomcs  by  reafon  of  this  revolt,  wherein  the  ten  Tribes  and  Kings 
 of  Ifraelftill  defended  themfelves  with  open  force,  and  that  juftly,  as  the  Scripture 
 intimates  2  Chron.  12. 14  15.  though  that  Jeroboam  and  the  I  iraclitcs  falling  to  Ido- 
 ia'y.'werc  aftcrwards(for  their  Idolatry , not  revolt  J  defeated  by  AbUb  and  the  men  of 
 h  VW*6,who  relied  upon  God,  2  G.r.m.  1  3,  Twelfth- 
 
Warrey  beth  in  Point  of  Larv,  und  Confcienc*.  7  7 
 
 Twclfthly,bythec*impleof  the  King  of  AfoAband  his  people,  who  Rebelling  12. 
 againft  7#6<riM»Kfng  of  Ilracl,  and  refuting  to  pay  thcannnall  Tribute  cf  Lambcsand 
 Rammes,  formerly  rendred  to  him;  hereupon  l^nmm%  IchopJaphati  and  the  King  of 
 .f^w.raili.ig  a  great  Army  to  invade  them,  \hc  L%fffa$hejhttt'th%  of  it,  gathered  all 
 that  were  able  to  put  on  Armour,  and  upward,ar:d  flood  in  the  border  to  refift  them. 
 lWf»H'to  27-  And  by  the  praftifc  of  the  Fd 'mites,  who  revolting  from  under 
 theband  ot  Iu  Uhy  Hade  a  King  over  themfclvcs  :  Whereupon  Ior.im  King  of  Iud  b 
 going  up  with  his  T  orccs  igtinft  them  to  Z*trt  they  encompafTed  him,  in  their 
 ownc  defence;  and  though  they  fled  into  their  Tent?,  yet  they  revolted  frcm  In 
 till  this  day,  and  Lihiab  too,  2  Kings  8.  20   21.22, 
 
 Thirtccnti  «y,  by  the  example  of  Smnxritt,  which  held  out  3.  yccrcs  (lege  againft        1  3 . 
 SMmA.ezjer  King  of  Afiyria ,  notwithstanding   their  King   Hopjea  had  by  force 
 iubmmed  himfcifc  and  bis  Kingdomc  to  him,  and  became  his  icrvant.  2  Kings  17.  3. 
 to  10.  c.i  8.  p.  10. 
 
 Fourteenth^  ,by  the  pra&ifc  of  godly  He^ehUbt  who  after  the  t  ord  was  with  him 
 andprolpered  him  whitherfocverhc  w5nt,RFJ5EL LED  againft  the  King  ofAJfjria^  l^* 
 andferved  him  not  (as  fomecf  his  predeceflorshad  done,)  1  ttfrgs  \  3.7.  whereupon 
 the  King  of  ^jifjW*,  and  his  Captaincs  commingup  againft  him  with  great  Forces, 
 and  invading  his  Country,  he  not  only  fortified  his  Citics:ani  encouraged  his  people 
 manfully  to  withftand  them  to  the  uttermoft,  but  actually  refiftcd  the  vJforiw  even 
 by  divine  direction  and  encouragement;and  upon  his  prayer,God  himfelf  by  his  Angel 
 for  his  arid  JcruTalems  prcfervaticn,  miracuioufly  flew  in  the  Campe  of  the  King  of 
 A  fori*  in  one  nighr,an  hundred  fourefcore  and  five  thoufand  mighty  men  of  valour, 
 Captaincs  and  Leaders;  fo  as  he  returned  with  lliamc  of  face  to  his  owne  Land,  2 
 Xing.c.  18.  and  19.  aChron.c.  3  a.  lfayc.  36.  and  :j.  An  Example  doubclefle  lavy- 
 Full  beyond  exception,  ratified  by  Gcd  himlelfcand  bis  Angel  too. 
 
 Fifteenth  ly,  by  the  examples  of  King  /eko?a&**,and}eboiAtzHj  who  fucccffively  ■ 
 
 rebelling  againft  the  King  of  Babylon  who  fubdued  and  put  them  to  a  tribute,  did 
 likewiiefucceflively  defend  themfelves  againft  his  invahors,  feiges  though  with 
 ill  fucccffejby  rcafoQ  cf  their  grofle  Idolatries  and  ether  (ins,  (not  of  this  their  revolt 
 and  defence  to  regainc  their  frecdomes,condernncd  only  ii  Z*  W&/«*,for  breach  of  his 
 *  oatb;)wherby-thcy  provoked  God  to  give  them  up.to  the  will  of  their  enemics^nd  *  1  Cfiroa. 
 to  remove  them  but  of  his  fight,  2  King.ci4.&  25  2  Chr.36.!er.c. 37.0V:  38  &  39.  36.1?. Extk, 
 FinaKy,by  thcHiftoryof  the.  Maccabees  and  wholcftare  of  the  lews  defend  vc  wars  l1*-lf£**1** 
 onder  them,  which  though  but  Apochryphall  in  rcgrrd  of  the  compiler,  yet  no  doubt 
 thev  had  adivinc  Spirit  concurring  with  them  in  refped  of  the  managing  and  A  dors 
 in  them.  I  (hall  give  you  the  fumrrre  thereof,  very  fuccin&ly.  Antiochu  Epiphanes 
 onqueringlerufalem,  fpoyledit  and  the  Temple,  fet  up  Heathenifh  cuftotnes  and 
 dolatry  in  it,  fubverted  Gods  worfhip,dcftroyed  the  Bookes  of  Gods  Law,  forced 
 people  toforfakeGod,to  facrificc  to  Idols,  flew  and  pcrfccutcd  all  that  oppo- 
 ,  and  exercifedatt  manner  of  Tyranny  againft  them.  Hereupon  M^ttAthisk  a 
 left  and  bis  Sonnes,  moved  with  a  godly  zeale,  refuting  to  obey  the  Kings  Com- 
 nandin  falling  away  from  the  Religion  of  his  Fathers,  flew  a  lew  that  facriflced  to 
 nldolHo  his  pretence,  together  with  the  Kings  Com miflary,  who  compelled  men 
 0  Sacrifice,  and  pulled  do wnc  their  Idolatrous  Altar;  which  done  they  fl:d  into  the 
 ntairKtsrw^itlKrafltheweU-affiftcdIcwcsrepatrcdco  them.  Whereupon  the 
 
 Kirgs 
 
CO  il. 
 
 7  8  The  Lawfulneffe  of  the  Parliaments  neceffary  Defenfwe 
 
 Kings  Forces  hearing  the  pre  miles  pur  iucd  them,  and  warred  againft  them  on  the 
 Sabbath  day;  whereupon  they  out  of  an  over-nice  fuperftition  °  lead  they  (hculd  prc- 
 phane  the  Sabbath  by  fighting  on  it  when  affaultcd,  anfwered  them  nor,  nei- 
 Mac.2,3*  t^cr  caft.  a  flonc  u  them,  nor  flopped  the  places  where  they  were  hid,  but  faid,  let  us 
 cfye  all  in  our  innocencie;  heaven  and  earth  (hall  tcft  ifie  for  us,  that  you  put  us  to  death 
 wrongfully,  whereupon  they  flew  both  them,  their  wives, and  children,  without  re- 
 (ift3ncc>  to  the  number  of  a  thoufand  perfons.  Which  Mattathiat  and  the  reft  of  their 
 friends  hearing  of,  mourned  for  them  right  (ore,  and  laid  one  to  another  (markc  their 
 fycech)  if  we  all  doe  as  our  brethren  have  done,  and  fight  not  for  our  lives,  and 
 Lawes  againft  the  Heathen,  they  will  now  quickly  roote  us  out  of  the  earth;  there- 
 fore they  decreed,  faying;  whofocver  foall  come  to  make  battle  with  us  on  the  Sab- 
 bath day,  we  will  fight  againft  him5neithcr  will  we  doe  all  as  our  brethren,  that  were 
 murthercd  in  their  iecret  places.  Whereupon  they  prcfently  gathered  and  united  their 
 Forces,  aflaulted  their  enemies, recovered  their  Cities,  Lawcs,  Liberties;  defended 
 themfcives  manfully,and  fought  many  battles  wich  good  fuccefle  againft  the  fcverall 
 kings  who  invaded  and  laydciaimc  to  their  Country,  as  you  may  rcacje  at  large  in  the 
 bookes  of  Maccabees.  All  thefe  example  s,(moft  of  them  mannaged  by  the  moft  pious, 
 religious  perfons  of  thefe  dayes,  prefcribed  and  aflifted  by  God  hiinfclfc,  whofe 
 Spirit  fp:cia!ty  encouraged,  ftrengthned  the  hands  and  Spirits  of  the  undertakers  of 
 them  ( as  p  OfarJ.er  well  obfetves  J  and  therefore  cannot  be  condemned  as  unjulr, 
 tZnchmdy     without  blafphemy  and  impiety*)  in  my  opinion  are  a  moft  cleare  demonstration  of 
 ^%?m?l'  thelawfuInefTeofadefenfive  warre  (in  point  of  Divinity  and  Conference)  againft 
 fim.Pollu     Kings  and  their  Armies  who  wrongfully  invade  or  aflault  their  Subjcds,  though 
 themfcives  be  pcrfonally  prefent  in  their  armies,  to  countenance  their  unlaw- 
 full  warrcs;  and  like  wife  evidence,  that  a  Royali  title  gotten  forcibly  by  conqueft 
 onely, though  continued  fundry  ycares,  is  not  fo  valid  in  point  of  confcicncc,  but  that 
 it  may  be  forcly  qacftioncd,  yea  rc/e&ed  ;  there  being  no  true  lawfull  Title  of  Scvc- 
 raignefy  over  any  peopje,  bat  that  which  originally  depends  upon  their  owne  free 
 cle&ion,  and  unconstrained  fubjedion  fimply  coniidcred.or  which  is  fubfequcntly  fc- 
 conded  therewith  after  a  poffeffion  got  by  force  or  conqueft. 
 
 Now  that  the  kings  perfpnall  prefencecannot  juftifie  the  unj'uft  anions,  or  protect 
 the  p:rfons  of  th'ofe  that  afliit  him  in  any  unlaw  full  adion  contrary  to  the  Lawes  of 
 God :  or  the  Rcalme,  is  a  truth  fo  evident,  that  it  necdes  no  proofc,  it  being  no  part  o 
 the  kings  Royali  prerogative  or  Office,  but  diamctrally  repugnant  to  it,  cither  to  doc 
 injury  him  felfe,  or  to  authorize,  or  protect  others  in  committing  it,  as  I  have  elic«s 
 where  proved  at  large.  Therefore  it  can  adminifter  no  patronage  nor  defence  at  all  t 
 thofc-  who  accompany  his  perfon  [^  the  unjuft  invafions  of  his  Subjects,  nor  dikab" 
 them  to  defend  or  rcpulfc  their  unjuft  affaults  and  rapines.  For  fuppofeaKing  fhoul 
 fo  farre  degenerate  and  dtfhoncur  himlelfe,  as  pcrfonally  to  accompany  a  packe  o 
 thecves  who  fhoiild  rob  his  fubjeds  on  the  high  way,break  uptheir  houfes  in  the  nigh 
 or  praftifc  PiracieontheSca,  or  commit  Rapes  or  murthers  on  his  people  ever 
 where;  I  chir&e  no  man  to  voyd  of  Reafon^vVjConfciencc^QUt  would  readily  grant 
 that  the  Subjects  in  all  thefe  cafes  might  lawfully  defend  themfcives  by  force  againft 
 thefe  Robbers,  The:vcs,Murth:rers,  not  with  ftanding  the  Kings  prcfence  or  affoci 
 tion  with  them,  whofe  perfonall  £rcrogativcs,and  immunity  from  affaults  or  viole 
 bein^  incommunicable,  underiv^abic  to  any  odicr,and  peculiar  to  hinafclf  alone,  he 
 
 trans 
 
JVarre,  both  in  Point  of  Law,  and  Conference.  79 
 
 trartsterre  no  iuchprotc&ion  too:hers  who  accompany  Inn  in  their  injurious  pra- 
 :S;  and  that  thefe  Acls  of  theirs  arc  direcT  tcllonie  and  murthcr,  for  which  they 
 might  be  juftiy  apprehended,  condemned,  executed, though  thus  countenanced  by  the 
 Kings  ownc  pretence.  And  if  this  be  truth  (as  cur  Law-bookcs  refolvc,  and  the 
 Scrip:ureto in  places  forccitcdj  thckingsprcicnce  can  no  morcdeprive  the  fubje&s 
 of  their  ncccflary  j\  ncc  again*!  bis  Popifh  I  orcesallaults,nor  fnltificthcir  pro- 
 
 ceedings, or  theprcfentunjuft  ofrenfive  warre,  then  in  the   former   cafes,  there 
 being  the  fclfe-larae  rcafon  in  both,-  warrcs  being  in  truth,  but  greater  and  more  dc- 
 tcflablc  Murders,  and  Robberies,  when  they  are  unjuir,  as  l\  Cyprian/  Augufti-.e,  q  Efifl.l.z. 
 with  'others  rightly  define.  %z:D' 
 
 Thirdly,  pcrionail  un  uft  aftaults  and  violence  even  of  Kings  themfeives  may  Wj    ec*-      • 
 fome  cafes,  lawfully  be  refilled  by  fubjecxs;  This  Do&or  Xer,;c  hinielfc  acknow-  tfjfiandeti 
 ledgcth,  Sett.  2.  p.  9.  Perfon  til  defence  is  UvofuU  again  ft  the  judden  (much  more  then  TLmhrii.Qmt 
 againfl  the  premeditated)  a-'d  Ulega'l  ajfaults  of  fnch  Mejfengers  of  the  K$*g\  yea/.  9:  ^e  Po- 
 OF  THE   PRINCE    HI  MS  RLE  8  THVS  FARRE ,  to  ward  his  blowes,  !**•*£&** 
 hold  his  hands  and  the  like:  not  to  endanger  his  perfon,   not  to  returne  olowes\  no:  for  l^Qc^iiudc 
 though  it  be  natftrall  to  defenia  mtns  eife^yet  the  whole  common-wealtfa  is  concerned  in  jUTe  Btlli,\%\m 
 hUperfot:  the  king  therefore  himfciic,  (much  more  in  his Cavalliers)  may  thus  farre  c.?.h«/o 
 at  leaf!  fafcly  be  refilled  in  point  of  confeience.  And  that  he  may  be  fo  indeed  is  mani-  Grotiu^de  \v- 
 f eft  by  two  pregnane  Scripture  examples,  The  fiiftis  that  of  Kino,  Saul,  I  Sam.  14/*^    ,2'c* 
 58.1046.  where  Jonathan  and  his  Armour-bearer,  routing  the  Philiilimes  whole  Ar» 
 my,  violated  his  Facher  Sauls  command,of  which  he  was  wholy  ignorant  in  taking  a 
 little  honey  one  the  end  of  his  ilicke  in  the  purfuite ;  hereupon  king  &«/,  moffc 
 rafhiy  and  unjuftly  vowed  twice  one  after  another,  ro  put  him  to  death :  whereupon 
 the  people  much  difcontentcd  with  this  injufticc,  were  fofarre  from  fubmitting  to 
 the  Kings  pleafure  in  it,  that  they  prefently  faid  to  the  king  :  Shall  Jonathan  dye,  fib? 
 hath  wrought  fo  great  Salvation  in  Ifracl  ?  Cjoi  forbid  :    As  the  Lordliveth  there  [hall 
 not  one  haire  of  his  head  fail  to  the  ground,  So  the  people   %ESCVED  JONATHAN 
 that  he  dyed  not  •  though  he  were  not  onely  King  hauls  SuDjeft,  but  Sonne  tpo.  In- 
 deedeit  appcares  not  in  the  Text,  that  Saul  offered  any  violence  to  Jonathans  perfon, 
 or  the  people  to  Sauls  .-and  it  may  be  the  peoples  peremptory  vow  and  unanimous  rc- 
 folution  to  defend  Jon*th>in}ttQm  thisunjuft  fentence  of  death  againfl  him;madc  Sa'd 
 defift  from  his  vowed  bloody  intendment :  but  the  word  refcuedy  with  other  circum  - 
 fiances  in  the  ftory,  feemc  to  intimste,  that  Jonathan  wss  in  held  to  be  put  to  death, 
 and  that  the  people  forcibly  refcued  him,  out  of  the  executioners  hands.  However, 
 certaincly  their  vow  and  fpeeches  declare,  that  if  Saul  himfelfe  or  any  other  by  his 
 command  had  aflaultcd  Jonathan  to  take  away  his  life,  they  *  would  have  forcibly  re- 
 (i  ted  them  and  prcferved  his  life,  though  with  lcfle  of  their  owne,  beleeving  they  *  ^cfcpl* 
 might  lawfully  doe  it,  clfe  they  would  not  have  made  this  rcfolutc  vow;  nor  could  Antiq.Jvdx 
 they  have  performed  it, had  Saul  wilfully  proceeded,  but  by  a  forcible  refcue  and  re-  UC*$;P-  104 
 fiftancc  of  his  perfonall  violence.  The  other  is  that  of  king  V±z,i*h,  2  Chron.  27. 1 6. 
 to  2  2.  who  prefumptuoufly  going  into  the  Tcnyle  agatnft  Gods  Law,  to  burne  in- 
 ceofeon  the  Altar,  *Az.a*iah  the  high  Pried,  and  with  hurt  fourefcore  Prieftsof  the 
 Lord,  that  were  valiant  m:n  went  in  after  him,,  and  WITHSTOOD  (or  refilled) 
 V±zj>ah  the  king;  and  faid  unto  him;  Jt  appertaineth  not  ttzto  thee  V***ah  tobnrne  in  • 
 cenfe  mts  th:  Lord}  but  to  the  Triefls  thefennes  of  ^iaront  that  arc  consecrated  to  bu 
 
 L  ii.ee* ft  : 
 
80  The  Lawfulnejfe  of  the  Parliaments  vece/fary  Defenfive 
 
 inctnfe  :  got  out  of  the  Santtuatyfir  thou  bat  t^fpajfed,  neither JbaH  i  be  for  thine  ho- 
 nour from  the  Lord  God.  Then  y^ziab  -was  vroth,  andhxd  a  cenjor  in  hti  hand  to  burnt 
 ircenfaand  whiles  he  was  i»roth  with  the  PrieJ/s,  the  Leprofit  rofe  up  in  hi*  forehead? 
 tAnd  Azariah,   and  all  the  <priefts  looked  upon  kim,  and  behold  he  was  Leprous  in 
 hi*  forehead:  AND  THETTHRVST  HIM   OVT   FROM  TH£XCE;jea 
 himfelfe  hafted  alfo  to goe  cuty  becaufe  the  Lord  h^df mitten  him.   Jf  then  thefc  Pr  lefts 
 thus  actually  refilled  king  Vwah  in  this  fiofull  Ad,  thrufting  him  perforce  out  of  the 
 Temple  whenhe  would  but  offer  incenfe;  much  more  might  they,  would  they  have 
 done  it,  had  he  violently  aflaulted  their  pcrfons.  If  any  king  (hall  unjuflly  aflaultthe 
 perfons  of  any  private  Subjeds,  men  or  women,  to  violate  their  lives  or  cbaftities 
 ( over  which  they  have  no  power)  I  make  no  doubt,  that  they  may  and  ought  to  6ccr 
 re(Htcd,repulfed,evcnin  point  of  conference,  but  not  flaine;  though  many  king9 
 have  loft  their  lives, upon  fuch  occafions;  as  {Rodoaldus  the  8,  king  of  Lnmbardy 
 TfaCbu  *<*»Ho659.  being  taken  in  the  very  ad  of  adultery  by  the  adulterefles  husband,  was 
 La.T>  Beard]  fl*inc  by  him  without  delay;  and  how  kings  attempting  to  murther  private  Subjects 
 Theatre  of    unjuftly,  have  them (e'vesbeencfotnetimes  wounded,  and  cafually  flaine,  is  forifc  in 
 Cods  ludgc-  ftories,  that  I  (hall  forbeare  examples :  concluding  this  with  the  words  of c  Iafefhtm 
 mcmS"  oo  C'   Wh°  exPreffcly  wr»tcs.  That  the  king  of  the  Jfraeiites  (oy  Gods  cxprefle  Law,£>  w. 
 *9rP«4°°.      jy  ^  was  tQ  joc  notnjng  without  the  confent  of  the  high  Prieft  and  Scnarc,  nor  to 
 multiply  money  and  horics  over  much,  which  might  caiily  make  him  a  contemner  of 
 the  Lawes;  and  if  he  addi&cd  himfelfe  to  thefe  things  more  than  was  fitting,  HE 
 WAS  TO  BE  RESISTED,  haft  he  became  more  powerfull  then  was  expedient 
 for  their  affaires* 
 
 To  thefc  Authorities,  I  ftiallonely  fubjoyne  thefe  £.  undeniable  arguments  to  ju- 
 ftific  Subjects  nccefTary  defenfive  wars:to  be  lawful  in  point  of  confcicnce  againft  the 
 pcrfons  and  Forces  of  their  in  Jjrioufly  invading  Soveraignc?. 
 «>■  Firft,  it  is  granted  by  ail  as  a  truth  irrefragable,  that  kings  by  Force  of  Armes  may 
 
 *Numb.  16.  juflly  with  fare  confciencc,  refill,  repulfe,  fuppreffe  the  unlawful!  warlike   invafive 
 R011.1  j.  1  .to  affau\tSjthc  Rebellious  armed  Infurreclions  of  their  Subjc<fts,u?on  the  fc  two  grounds^. 
 A  #     *'  '     becaufe  they  are  *  unlawfull by  the  Edifts  of  God  and  man,  and  becaufe  kings  in  fuch 
 cafes,  have  no  other  mcanes  left  to  preferve  their  Royali  perfons,  and  /uft  authoritie 
 »E.fay  *4*9.  againft offenfivcarmed  Rebellions, but ofknfive  armes  2  Therefore  Snbjrcls  by  the 
 to  i3.Eze:h4  felfc-famc  grounds,  may  juftiy  with  fafe  conferences  rcfifr,  rcpulfc,  fupprefle  the  un« 
 44.^.16.17.  lafcaflaylingmilitaty  Forces  of  their  kings  in  the  cafe  forc-ftated,  though  the  king 
 1 Kintxi4  5  n*m^c  ^  pcrfonaliy  prefent  and  affifrant,becaufc  *  fuch  a  war  is  unlawfull  by  the  re- 
 a&neTi4 "  4.  &lutlon  of  God  and  men,  and  againft  the  oath,  the  duty  of  kings;  and  becaufe  the  fub- 
 *  jecb  in  fuch  cafes  have  no  othei iiicanes  left  to  preferve  their  perfons,  lives,  liberties, 
 cftatcs,  religion,  eftabliflicd  government  from  ccnaine  ruin,  but  defenfive  Armes,. 
 There  is  thcfelfcfamercafcn  in  both  cafes,  being  relatives,  therefore  the  fclfcfamc 
 Law  and  Confcicnce  in  both, 
 2,  Secondly,  It  muftbc  admitted  without  debate;  thatthisefficeofhigbeft  and  grcatcfe, 
 
 f 
 
 >P*rt  1  p.    takc" at thc*r CoroDation>  w"n otncr  Articles expreiTed in  their  oath  (formerly  reef-      Wi 
 jj«to*  7*      te<0  is  really  bound  both  in  Law  and  Confidence  cxa&ly  to  pcrformc,  being  admit-     * 
 
 ted 
 
WarreJ  both  in  Point  of  Law,  and  'Scnfctence.  8  r 
 
 ted  and  elected  king  by  the  peoples  lurfrages  upon  folcmne  proraifc,  to  obicrvc  the 
 lame  condition tothctittennoft  ot  fib  power,  as  I  have  ceUcwhcrc  cleared.  Now  it  •  Part.i  p.jt 
 is  a  clcarc  cafe  rcfolvedby f  LftU>iiu  ^akmonuu,  confirmed  at  Lrgc  by  Rebuff™  by  6'Z*PTirctp. 
 i a.unanfwcrablcrcafons, the  Authorities  of  fundryCivill  Lawyers,  and  Car>0^ifi^['prl'A6' j 
 quoted  by  bin.;  agreed  by  d  Albt  rv. u*  Genviis,  and  Hufo  Grotiiu,  who  both  largely  ^J  de'edk- 
 difpute  it  ;   Tha'  Kinn  us  writ  m  ^ubjefts  arereully  bound  toperfcrme  their  Ccvc»ants%  tioribu<y  p. 
 Contrails,  Condition^  especially  thofe  the)  make  to  all  their  Subjcttsy  an i  rarfi?  with  an  \  8 i  5S4. 
 Oath-Jinct  G  dhimfelfe  whois  moft  a'-folute  yis  jet  moft*  fi-melj  oblte^d  bj  fa    O  ths  'Before  Belli. 
 and  Covenants  midc  to  his  defpicable  vile  ereaturejjin'ull  men;  and  r.ever  vi  lates  them  %%f*\  g*j  *'*• 
 mtheltafi  degree.  ]f  then thclc  conditions  and  Oathcs  be  firmc  and  obligatory  to  l-z)e  lure  Belli 
 our  kings;  ir' they  willobftinacciybreakc  them, by  violating  their  Sub/efts  Lawcs,  &  Pachls-. 
 Liberties,  Properties,  and  making  adtuallwarrc  upon  them;  the  condition  and  Oath  c.u.lijij, 
 too  would  be  mcercly  voyde,  ridiculous,  abfur'd,  an  high  taking  of  the  Name  of'** 
 God  in  vainc,yca  a  plainc  delu(ion  of  the  people,  if  the  whole  State  or  people  in  their  c  ^n'9^916 
 ownc  defence  might  not  juftly  take  up  Armcs,  to  refift  their  kings  and  cheir  malignant  Pf.89.  ii  14. 
 Forces  in  thefe  perfidious  violations  of  tru(t:  conditions,  oathsjand  force  them  to  make  K.iof  10. 
 good  their  oaths  and  covcnants,whcn  no  other  mcanes  will  inducer!  cm  to  it.  Even  as  pf  '".9, 
 the  Sub/ccte  oath  of  homage  and  allegiance  g  would  be  mccrcly  frivilcus,  if  k  ngs  bad  *Kay  **  *• 
 no  mcanes  nor  coercive  power  tocauic  them  to  obicrvc  thele  oathes,  when  they  arc  J  [  j0^'^" 
 apparently  broken:  and  many  whole  kingdomes  had  been  much  ovcrfccnc  in  point  of  4fic.1j.14. 
 Policic,or  prudcncc,inprcfcribingruch  conditions  and  oaths  unto  their  kings,had  they  Heb  6.1 7.1 8 
 refaved  no  lawful!  power  at  all  which  they  might  lawfully  cxercife  in  point  of  con-  ^Groti*  Ve 
 fciencc,  to  fee  them  really  performed ,andducly  redrcflcd,  when  notoriously  tranfgrcf-  IurCgciiJ  l#I' 
 fed,  through  wilfulneflc,  negligence,  or  ill  pernicious  advice.  cu*  "***• 
 
 Thirdly,  when  any  common  or  publick  truft  is  committed  to  three  or  more,  though  3. 
 of  fubordinatc  and  different  quality,  if  the  truft  be  cither  violated  or  betrayed,  the 
 inferiour  truftccs.may  and  ought  in  point  of  Confcicncc  to  refift  the  other.  For  in- 
 ftancc;  if  the  cuftody  of  a  City  or  Cattle  be  committed  to  a  Captaine,  Lciutcnant,  and 
 common  Souldicrs  :  or  of  a  (Kip  to  the  Maker,  Captaine, and  ordinary  Mariners :  If 
 the  Captaine  or  Maftcr  will  betray  the  City,  Caftlc,  or  (hip  to  the  encmie  or  Pirates; 
 or  difmantlethc  City  wals  and  fortifications  to  cxpofcic  unto  danger,  or  will  wil- 
 fully run  the  (hip  againft  arockc  to  fplir,  wreckc  it,  and  indangcr  all  their  lives, 
 frecdomes,  contrary  to  the  truft  repotcdinthcai;orfircor  blow  up  the  City,  Fort, 
 fhip:  notonclythcLeiutenant.Maftcrs  Mate,  and  other  inferiour  Officers,  though 
 fubjc&  to  their  commands,butcvcn  the  Common  Souldicrs  and  Marrincrs  may  with- 
 ftand  and  forcibly  refilr  them,  and  arc  bound  in  Conf cience  fo  to  doc,  becaufc  clfc  they 
 fhould  betray  their  trufr,  and  deftroy  the  City,  Fort,  fhip,  and  themfclvcs  too,  which 
 they  are  bound  by  duty  and  c  mpad  to  prefcrvc.  This  cafe  of  Law  and  confcicncc  is  fo 
 clearc,focommon  indaily  experience  that  no  man  doubts  it:Thc  care  and  fafcty  of  our 
 Rcalmcby^hcoriginallpoliticke  conftitution  of  it,  alwayes  hath  beencand  now  is, 
 committed  joyntly  to  the  king,  the  Lords, a,  d  Commons  in  Parliament,  by  the  una- 
 nimous  confent  of  the  whole  kingdomc.  The  king  the  fuprcajne  member  of  it,  con- 
 trary to  the  truft  and  duty  rcpoicd  in  him,  through  the  advifc  of  cvill  Counccliors 
 wilfully  betrayes  the  trufc  and  fafety  of  this  great  City  and  fhip  of  the  Republicke; 
 invades  the  inferiour  Commanders,  So uldiours,  Citizens,  with  an  Army:  aflaults, 
 Wouads, llaycs,|fpoylcs,  plunders, fackes,  impriibnsjiis  fellow  truftccs,  Souldicrs, 
 
 L  1  Marrincrs> 
 
$z  The  Lawfulnefft  ef  the  Parliaments  neceffary  Defenfive 
 
 *  6W-1*'.  Marrmer.^Citizens,  undermines  the  wails,  tires  the  City,  (hip,  delivers  ft  up  to 
 qucjl.t.suri.  thceves,  Pyratcs,  murtherers,  as  a  common  prey,and  wilfully  runncs  this  fhip  upon  a 
 '7 <20CW  rock«of  r^n.  It  the  Lords  and  Commons  joytuly  intruded  with  him,  fhouli  not 
 •Lev.  19. 1 8,  *n  t^is  cafe  by  force  of  Armes  refill:  him,  and  his  unnaturail  inftruments,  (there  being 
 Mat.22.$s>.  no  other  meancselfe  of  fafcty  left  them)  they  fliould  finfully  and  wiitully  betray 
 2\om  9  5,c.  their  truft,  and  befo  farrc  from  keeping  a  good  ChriMian  Conference  in  not  refilling 
 '^pfT"  hy  force,  that  they  fhould  highly  finnc  againft  Confidence,  againft  their  truft  and  du- 
 *ijTipLiJi*y*  agunft  their  naturali  Country,  yea  and  their  very  Allegiance  to  the  king  himlclfe, 
 *-Dijh  i  j.'3«.  by  encouraging  him  in,aniconfenttng  unto  thefc  proceedings,  which  would  make  him 
 3>  to  8.         not  to  be  a  king,  but  Tyrant,  and  deftroy  him  as  a  king,  in  the  fpoylcand  ruine  of  his 
 
 *  v*  2f««  Kingdome, thereby  endangered  robe  conf timed)  and  tempt  God  himfclf:  as  PcpeNi- 
 WlA.  i.e.  chgfas,  and  *  GratianrcfSlvc'm  thefc  words.  If  there  be  r.o  necfjfity  yvc  ought  at  att 
 z  pG2mon-  timss  t0  "bft  .inefrom  warres>but  if  inevitable  neceffitj  urge  us ,  we  ought  not  to  abflains 
 vetle.l.  i.t.i.fr0™  ™  "-rres  and  warlike  preparations  for  the  defence  of  our  jelz.es yof  oar  Country ,  and 
 l'$-c*6.utl  paternaU  Laves,  r.o  not  %n  Lent ,/<? iafi  man  Jhcutd  feerne  to  tempt  God,  if  rrhen  he  hath 
 a.  l.jicij.  manes  %  he  provide  not  for  his  enwe  a*d  others  fafetjf}  and  prevents  not  the  Detriments  of 
 lto£^6:MtejrcligM. 
 
 **!qu.\jtrji%  Fourthly,  thofe  injuries  which  Allies  and  other  neighbour  States  or  Princes  may 
 Avbrofiloffi:]  with  good  Confidence  rcpulfe  with  Armes  from  Subjects  wrongfully  opprcilcd,  in- 
 la.c36.SMR.  vaded  tyrannically  by  their  Soveraignes,  or  their  wicked  Inftruments,at,or  without 
 T *  nf^J?'  ^he  Sub/eels  intreaty,  when  they  are  unable  to  relieve  thcmfclvesi  no  doubt  the  Sub- 
 6y[vefieTritJz^st^cm^vcSi'li:  able, may  with  better  rcafon,andas  good  Conference  refift  and 
 B?l;u/u,  and  *  rcpdl;  becaufe  every  man  is  Q  nearer,  and  more  oblicgcd  to  defend  and  prcfervc  bim- 
 the  ClolTers  fclfc  and  thofc  of  his  owne  Nation,  Religion,  blood,  then  Grangers  are,  and  may  with 
 on  Gtati.n,  IcfTc  tiubIickdanger,inconvcnicnce,and  more  fpeede  eft  eel:  it,tben  Forraigncrsibut  Al- 
 Caafa.  2  3 .  H€s  amj  Forraigne  Neighbour  States  and  Princes,  as  x  (jratian  ("out  of  the  5.  Councell 
 ?§/w;  1U  of  Carthage>  Astgufriney  Ambrofe,  Hierom,  tyfnajtatius,  £*///?»*  and  otherj  Y  tsflbc- 
 qu.i.\^ilrtCH*  Gentilis,  *jobn Boding  Hugo  GroHw9  and  Generally  all  Canar.ifts%  Cafwfis^ 
 **48.  o.art.  Schojlemen  accord,  may  in  many  cafes  with  good  confcicnceiby  force  or  Arms  rcpulfc 
 xo.^  qu.64.  from  Sub/efts  wrongfully  opprelTed, invaded,and  tyrannically  abufsd,tbc  injuries  of> 
 ub.  4'teroA  fU^'^  u„  tu*;-  cku^;^  t^t  cithcr  at>  and  in  fome  cafes  without  the 
 
 by  Afofeshis  (laying  the  <ts£gjptian that opprcf- 
 
 5.  by  Jo  fin*  his  ayding  of  the  Qibeon-tes  againft 
 
 11  c  5 .  </«.8,'the  fivcKings  that  made  war  againft  themj^.io.by  the  example  oiJekofiaphat^Kin. 
 
 '/i'/^T'p  22'  2  ^V&*3%   Ofthcchiefe  Captaines  fecuring  Paul  with  a  gardof  Souldicrsa- 
 
 \*  gainft  the  lews  who  had  vowed  his  death,  A&s  2  3 .  by  Abrahams  relcuing  LottGen.  1 4.) 
 
 .  u*rt.  hy  fundry  ancient  and  late  Examples  in  ftory.Therfore  Subjects  thcmfelv^s  no  doubt  if 
 
 1. k  Verba  Be/-  able,  may  with  good  rcafonand  confeience,  rawfully  re(ift,and  repeil  their  PrinceSin^ 
 
 kM^n.  \.n.  vading  Forces,  though  accompanied, affiled  with  his  pcrfonall prcfencc* 
 
 *  ^fdum  '  ^^chly,Itisyecldedby  allDivinesjLawycrejCanoniftSjSchooIcmenias*^^^*]; 
 ^nh|.  Vadi.  d  Bw**)  e  S't0>1 LefsiHSy  ?  Vaf^Hnis^  Csvaruvi^s,*  Aquinas-^  S)lvefter> i Bartolt*9. 
 vt  v'm  7)i  dc  m  Tla^HSy n  Navtrre,  °  Alberlcus  Gentilisy  p  Grotins  and  others,  that  private  men  by 
 <3ufi.&  tun.  the  Law  of  God,  and  nature,  may  in  defence  of  their  lives,  chaftities,principall  mein- 
 
 :  .1. 1.  &bers,ar.d  cilates,  lawfully  rcdrl  all  thofe  who  forcibly  aiTaiktthcm,  to  deprive  chem 
 ^J^'/^l^thcreof;  yea  and  tlay  them  to.unlerTe  they  bepublickcpcrfonsofcminencie,by  whofc 
 •^iwB^^S^^^^^timanwitt  tould  &fhine  much  pr*j«dicc3  whole  lives  in  ftwh 
 
 l.i.c.  13,  i^; 
 i^kCi  Ik. 
 
IVarre^  both  in  Point  of  Law^  and  Confcicnce.  8  3 
 
 cafes  mud  not  be  willingly  hazzarded,  though  their  violence  be  refilled:  which  is 
 clcercly  prooved  by  luigts  1 1.  8.  15. to  1 8.  1  Sa1r.17.4t.  tos  3. Dent.  22. 26.  27. 
 fmcc  therefore  all  thefc  are  apparently  indangcred  by  an  invafive  warrc  and  Army, 
 more  then  by  any  private  aflaults;and  noayde,  noafiiltancc  or  protection  againft  tl 
 lofTcof  lifc,cl  aQit:c,ellatCjand  other  violencc$,injurics  which  accompany  wars  can  be 
 expected  from  the  Lawcs,or  Prince  himfclf  (che  fountaine  of  th:s  in  juitice,  )  or  legall 
 punifhments  inflicted  on  the  malefactors,  whole  armed  power  being  above  the  reach 
 of  common  juftice,  and  injuries  countenanced,  abetted,  authonfed  by  the  Soveraignc 
 who  (hould  avenge  and  punifii  them,  every  fubjed  in  particular,  and  the  whole  ftate 
 in  Parliament  aHemblcd  m  gencrall,  may  andoughc  in  point  of  conference  pynt- 
 ly  and  fevcrally  to  defend  themfeives,  their  neighbours,  brethren,  but  efpccially  their 
 native  Countrey,  Kingdome,  whofe  gencrall  fafcty  is  to  be  preferred  before  the  lives 
 of  any  particular  pcrfons,  how  great  or  confiderable  focver,  which  may  be  easily 
 haiarded  by  their ownc  wilfulnctfc,  though  notpurpofcly  endangered  or  cut  off  in 
 the  defenfive  incounter,  by  thofc  who  make  refiltance»  And  if  (according  to  q  Cd/Vr** 
 and  other  Schoolemen,)  Innocents  which  onely  cafually  hinder  ones  flight  from  a 
 mortallencmicmaybc  lawfully  with  good  ccnfcience  flainc  by  the  party  purfucd,"-2  udf&f. 
 in  cafe  where  he  cannot  elfcpoilibly  efcapc  the  lofleof  his  ownc  iifc,  becautc  every  7  *  £* 
 mans  owneiife  is  dearer  to  him  then  anothers,  which  he  here  takes  away  onely  to  pre-  /v*M7.i\..  ', 
 fcrve  his  owne life,  without  any  malicious  murthcious  intent,  though  others  doubt  of  ?>w  14*7  G)>j- 
 this  cafe  :  or  if  innocent  pcrfons  ie:  perforce  in  the  front  cf  unjuft  alTailants  (as  by  the  tim.  At 
 CavaUciresat2?™i*/Wand  elfewherc,J  to  prevent  defence,  and  wrong  others  with  BJ&k*-*-1- 
 more  fecuritieand  leile  reiitlancc,  may  cafually  be  ilain,  (though  not  intentionally)  St&*f 
 by  the  defenfive  party  (as  I  thinke  they  may)  for  prevention  of  greater  danger  and  tr  e  r  Sec  tj.t  ^ ,,, 
 public  kc  fafcty;  the.ncertaincly  thofe  of  publicke  place  and  Note;  who  wilfully  and  |^n,  of 
 unnaturally   fct  thernfclves  to  ruinc  their  Country,  Liberty,  Religion,   Innocent  lira?.;. 
 brethren  (who onely  ad  the  defenfive  part,)and  voluntarily  intrude  theenfelves  into 
 danger,  may  que^ionklTe  with  iafcconlcience  be  refilled,  repulfcd:  in  which  if  they 
 cafually  chance  tolofc  their  l.ves  without  any  malice  or  ill  intention  in  tbedcfe,  dantj, 
 it  being  onely  through  their  ownc  default,  fuch  a  caiuall  accident  when  it  happens,  or 
 the  remote  poflibility  of  it  in  the  corabatc  before  it  begins,  c:nnot  make  the  rcliflance 
 either  unjult  or  unlaw  full  in  point  of  confeience;  for  then  fuch  a  poflibility  of  danger 
 to  a  publike  per foniliould  make  all  refinance  unlawfull,  deprive  the  Republic 
 wholly  of  this  onely  remedy  againft  tyrannicall  violence, and  expofc  the  whole  com- 
 mon- wcale  to  mine,  whofe  weale  andfafety,  is  to  be  preferred  before  the  life  or 
 fafety  of  any  one  member  of  it  whatsoever. 
 
 Having  thus  at  large  evinced  the  law  fulnctTc  of  Subjects  neceftary  forcible  rcfittandfs  . 
 &  dcfcnlivc  wars  againft  the  unjnftofTcnfive  Forces  of  their  Sovcraigncs-I  /hall  ja  the 
 next  place  anfwerc  the  principall  arguments  made  againft  it,  lomc  whereof  ("for  ought 
 I  flndc)  arc  yet  unanfwercd. 
 
 Thefc  Objections  arc  of  fourc  £brts,out  of  the  Old  Te(tament3thc  New;frcrm  reafon, 
 from  the  example  of  the  primitive  Chriflians,  backed  with  the  words  of  fomc 
 Fathers;  I  (nail  propound  and  anfwerc  them  in  order. 
 
 The  firft  out  of  the  Old  Teftament,  is  that  of  Numb.  16.  ■  Korah,  Dathan,  and^^,- 
 "tpfbirMm  for  their  tnfurrecticr* againft  that  very  divine  Authority  which  God  him-  *  Qr"t  f„^t 
 JsJic bad  delegated  to  M&fcs  and  Aaro»7  without  any  in/uryot  injufticc  at  all  oncese?.,i. 
 
 L  q  offered 
 
8^  The  Lawfultteffe  of  the  Parliaments  neceffarj  Defence 
 
 offered  tothem  or  any  aflauic  upon  them.  Ergo  ( markethe  Non- fence  of  this  argu- 
 mentation)no  Subje&s  may  lawfully  take  up  Hiecrc  nccefTary  defenfive  Armcs  in  any 
 cafe  to  refill  the  bloody  Tyrannic,  Opprcflion,  and  outrages  of  wicked  Princes,  or 
 their  Cavallcires,when  they  make  warre  upon  them  to  deftroy  or  enflave  them. 
 ■JL     K       An  Argument  much  like  this  in  fubftancc*  No  man  ought  to  rife  up  againft  an  ho- 
 ^^-        Reft  Officer  or  Captaine  in  the  due  execution  of  his  Office,  when  he  offers  him  no  in- 
 jury at  all.  Therefore  he  ought  not  in  confcicncc  to  rcfift  him  when  he  turnes  a  thcefe 
 or  murtherer,  and  fellonioufly  aflaults  him,   to  rob  him  of  his  purfe ,  or  cat  his 
 throatc.  Or,  private  men  muftnot  caufclcfly  mutinie  againft  a  lawfull  Magiftratc 
 fordoing  jufticc  and  performing  his  duty  :  Ergo  the  whole  Kingdomc  in  Parliament 
 may  not  in  Confciencc  refill  the  Kings  Captames  and  Cavalleeres,  when  they  moft 
 unnaturally  and  impioufly  afTaulc  them  to  take  z  way  their  Lives,Libcrtics,Privilcdges, 
 Eftatcs,  Religion,  oppofc  and  relift  juftice,  and  bring  the  whole  Kmgdome  to  ut- 
 ter dcfolation.  The  very  recitall  of  this  argument  is  an  ample  fatisfacTory  refutation 
 of  it,  with  this  addition.  Thefc  fedicious  Lcvitcs  Rebelled  againft  Mefes  and  Aaron, 
 oncly  becaufe  God  himfclfc  had  rcftrained  them  from  medling  with  the  Pricfts  Office 
 which  they  would  contemptuoufly  ufurpc,  and  therefore  were  moft  feverely  puni- 
 fhed  by  God  himfelf,  againft  whole  expreffe  Ordinance  they  Rebelled:  Ergo,  the  Par- 
 liament and  Kingdomc  may  in  no  cafe  whatfoever,though  the  King  be  bent  to  fabvert 
 Gods  Ordinances,  Religion,  La wes,  Liberties,  make  the  leaft  rehftancc  againft  the 
 king  or  his  invading  force,*,  under  paine  of  Rebellion,  High  Trcafon,  and  ctcrnall 
 condemnation,  This  is  Doclor  Fen?s  and  fome  orhcrs,  Bedlam  fogickc,  &  Divinity.  \ 
 Otjell.  1.        The  next  is  this>ThouJka !-t  no t  revile  the  Gods,nor  curfe  th:  Ruler  ofthypeoffeyEx  22. 
 ,28.  Ec$l.  1O.2C.  Cnrfe  not  the  King  no  not  in  thy  thought  andewfe  not  the  rid  in  thy  bel- 
 ts th/con-    Chamber;  ( which  is  well  explained  by  P>qv.  >  7 .  16.  It  is  not  good to  ftfik^  Princes  for 
 fciencc«p.  3.    eqnhie. )  Ergo  it  is  unla wfull  for  the  Sub/eels  to  defend  themfcives  againft  the  Kings 
 4*  y.  Popifli  depopulating  Cavaleers, 
 
 'Anjw.  *  anfwer,  the  firft  text  pertaines  properly  to  Judges  and  other  forts  of  Rulers,  not 
 
 to  Kings,  net  then  in  being  among  the  Ifraelites :  the  f ccond,  to  rich  men  at  well  as 
 Kings.  They  may  as  well  argue  then  from  thefe  texts:  that  no  Iudges  nor  under- 
 rulers,  nor  rich  men  whatfoevcr,  though  never  Co  un/uft  or  wicked,  may  or  ought  in 
 confciencc  to  be  refitted  in  their  unfuft  affaults  Riots,  Robberies,  no  though  they  be 
 bent  to  fubvert  ReligionXawes,  Libeities:  as  that  the  King  and  hisSouldicrs/oynt- 
 lyor  fcvcraliy  considered,  may  not  be  rcfiftcd:  yea,  thefe  acute  di fputants  may  argue 
 further  by  this  new  kinde  of  Logickc:Chriftians  arecxDrefly  prohibited  to  curfc  or  re- 
 vile any  man  whatfocver,  under  paine  of  damnation,  Rom.  12. 14.^^.5.44  Levit. 
 I  p.  l^.Namb.  25.7.  8  2  Sam.  16. 9.  Livit,  io.  p.  c.  24  Pi.  14. 23.  Levit.  20. 9: 
 Prov.  20. 20.  1  Cor.  6. 10  1  Cor>  4.  l  *.  1  P*t*  2  23  Jnde^%  Ergo,  we  ought  to 
 refill  no  man  whatfocver,  fno  not  a  theefc  that  would  ro3  us,  cat-  chroate  Cavaleers 
 that  would  murther  us,  lechers  that  would  ravifh  us)  onder  paine  of  damnation. 
 What  pious  profitable  Doctrine,  thinkeyou,  is  this  :  All  curfings  and  raiffiigs  arc 
 fimpty  unla  wfull  in  themfcives:  all  refinance  is  not  fo,  cfpccially  that  ncccffary-wc 
 nowdifcourfeof,  againft  unlawful!  violence  to  ruinc  Church  and  State.  To  argue 
 thcreforc,all  refinance  is  fimply  unlawful!*  becaufe  curfing  and  reviling  (of  a  different  L 
 nature)  ace  fo,  is  ill  Logickc,  and  worfe  Divinity.  If  the  obj;<5tors  will  limit  their  -ft 
 rcfi  tance,(to  make  the  Argument  fallible,)  and  propofe  it  thus :  All  curfing  and  re-  L 
 
 viling   ] 
 
IVarrc^  both  in  Point  of  Lawy  and  C  en fc  tenet .  8  5 
 
 viling of  Kings  and  Rulers  for  executing  jufticc  impartially  (for  lo  isrhc  chiefc  in- 
 tendment or  the  place  objefted,  delinquents  being  apt  to  clamour  again(t  thole  who 
 jiiftly  cenfurc  them  J  is  un!awlull;i:>^  the  forcible  refitting  of  them  in  rhc  execution 
 of  juihee  and  their  law  full  authomy  is  unlawful!;  the  (e  quell  I  fhall  grant,  but 
 the  Argument  will  be  wholy  impertinent,  which  I  leave  to  the  O  jc&ors  to 
 rctinc. 
 
 The  third  Argument  is  this  •  That  vhich  feadiarl)  belongs  to  Coi^  no  man  without  Ql\en 
 bisfp  •ctalltfthont)  ongh  U  mg.'Mc  with  :  But  taking  up  csfrmei  fecult.,r'j  belongeth  f  A^  Aprej'le 
 to  he  L*rd.t>e*t  p   35.  Whcrcthe  Lord  faith,  vengeance  is  mine:  *  fpecia' y  r^tothyCcn-, 
 ftp  rd,  which  ofalltemt  0* all  vengeance  i<  the^reateft,  fcunce  p.  x»  ( 
 
 The  Ob  jc&or  puts  no  Ergo,  or  conclurion  to  it,  becaufe  it  concludes  nothing  at  all  An  fry* 
 topurpofc,  but  onely  this.  £  g)>  The  King  and  Cavallcercs  mult  lay  downc  their 
 Armcs  and  fwords,  becaufe  God  never  gave  them  any  /peciall  commiflion  to  take 
 them  op.  Or,  Irgoy  no  man  but  God  mult  wcare  a  fvvord,  at  lcaft  of  revergc;  and 
 whether  the  kings  and  Cavallcers  Offcndve,  or  the  Parliaments  mccre  Dcfcnfivc 
 (word,  be  the  fword  of  vengeance  and  malice,  let  the  world  determine,  to  the  Obje- 
 ctors fhame. 
 
 Trie  fourth  \s,  from  <l  Ecclef.  8.  2.  5.4.  IcowiceH  thee  U  keep:  the  Kings  Ccm-  ObjeEl./C 
 mandmem  aid  that  in  rega  rdof  the  Oath  of  God ;  Be  not  haft)  to  ^oe  ont  of  his  fight,  s  Appcalc  to 
 ftand»ot  in  an  ev iR thing;  for  he  do:h  whatsoever  plcafetb  htm  :  where  the  werd  of  a  king  thy  Confo 
 u  there  u  power;  a"d  who  may  fa)  u*to  him,  what  do  ft  then  ?  cnce.p.  $• 
 
 This  Text  adminifterstheOppofites  a  double  Argument,  The  firft  is  this  ;  All  the  .  r 
 Kings  Commands  arc  to  be  kept  of  all  his  Subjedb,  by  vertuc  of  the  Oathes  of  In.  -**"' w* 
 prcmacy,alleigance,and  the  late  proteftation  including  them  both:  Ergo,  by  vcrtue  of 
 rhefc  Oathes  we  mu(t  not  rcfift  his  Cavalleercs,  butyceld  our  thoates  to  their  fwords, 
 our  purfes  and  cQates  to  their  rapines,  our  chaltiti^s  to  their  Lecheries,  our  Liber- 
 ties to  their  Tyrannies,  our  Lawcsto  their  lulls,  our  Religion  to  their  Popifh  Su- 
 30rftition  and  Blafphcmies,  without  any  opposition,  becaufe  the  king  hath  oftcom- 
 niniedusnottorcfifUhem.  But  feeing  the  Oath  and  Law  cf  God,  and  thofa  oathes 
 of  ours,  obleigc  us  onely,  to  obey  the  Kings  jul\  legall  commands  and  no  other,  noe 
 |  he  Commands  and  lufts  or  eviil  Councilors  and  Souldicrs,  this  firft  Argument  mutt 
 >e  better  pointed  ere  it  will  wound  our  caufe. 
 
 The  fecond,this:  The  king  may  lawfully  do  whatfocver  pleafeth  him  JE>£0,neithcr 
 Tw"  He,  or  his  Forces  to  be  refilled  To  which  I  anfwer,  that  this  verfc  relates  onely 
 into  God.,  the  next  antecedent;  who  on:  I  doth  ad  may  doe  whv  he  pleafeth,  and  that  • 
 *r h %n  heav  n  a*  i  e.  rth,  Pfal,  1 3  5   6 .  Pfal.  1  -  5 .  3    Efaj  \6,  I O.  not  to  Kings  who 
 leither  may  nor  can  doc  what  they  pleafc  in  cither,  being  bound  both  by  the  Laws  of 
 ,iod,man,  and  their  Coronation  Oathes  (perchance  the  oath  of  Ged  hcremcant,rathcr  r*lm-  *fil  . 
 ben  that  of  fupremacic  or  allcigance)  to  do- r  tfr$  what  it  Uwfuliand  jttft,  not  what  ^3J  *  *•  ■•*■ 
 xmfelvcs  fhallplcafe.  Rut  admit  it  meant  of  King*,  notGod;  Firit  the  text  faith  JcLSuiii 
 ot,  that  a  king  may  lawfully  doe  what  hepleafeth  :  but  he  doth  whatfocver  pleafeth 
 im:  «$W*raHhimfelfcf  committed  idolatry, bu.lc  Temples  for  Idolatrous  worfhip,f  lKinoc 
 >rved  his  idolatrous  wives  Gods,  married  with  many  idolatrous  wives,  greivouHy  &  n.icihr. 
 opreffed  his  people,  &c.  for  which  God  thrcatned  to  rent  thekingdome  from  him-  c  ^  &  J0.  & 
 If,  as  he  did  the  ten  Tribes  from  his  I  on,  for  thofe  finncs  of  his :  r<^4^committcd  'i-Ndi.i^ 
 cry,  and  wilfully  numbrei  the  people;  and  what  King  Jerohavf,  <Jtarta$eh3  )^Um  c 
 
%6  The  LtwfulneffcofthePAHkments  neceffary  Vefenfive 
 
 tAhaby  other  wicked  Kings  have  done,  out  of  the  pleafure  and  frccdome  of  their 
 la  wleffe  wills,  to  the  infinite  dishonour  ol  God,  the  mine  of  themfdves,  their  pofte- 
 rities ,  Kingdomes,  is  fufficicntly  apparent  in  u  Scripture :  was  all  therefore  juft, 
 *•  ^c  c  h wfull,  unblameabicjbecaufe  they  did  herein  whatfoever  they  plcafcd ,  not  what  was 
 plcafingto  God ? If  not,asall  muft grant:  then  your  foundation  faiks;  that  Kings 
 
 bookes  o  i 
 
 SSfjy  nriinu  may  lawfully  doe  whatfoever  they  will;  and  Solomons  words  mud  be  taken  all  toge- 
 cb3andT>^  *  thcr  not  by  fragments;  and  thefe  latter  words  coupled  with  the  next  prcceedingj 
 Stand  not  in  an  evill  matter:  and  then  Pauls  words  will  well  interpret  his,  %om,  i 3 ,4. 
 But  if  thou  doe  that  nhich  is  evill  be  afraid,for  hi  beareth  not  thefwerdin  value,  for  he  it 
 themlnifler  of  Cjodi  a  revenger  to  execute  wrath  upon  them  thzt  doe  evill.  So  that  the 
 genuine  fence  of  the  place  island  mud  be  this.  Stand  not  in  an  evill  matter •,  for  the 
 king  hath  an  abfolutc  power  to  doe  whatfoever  he  pieafeth,  in  way  of  jufticc  to  pu- 
 jiifti  thcc,if  thou  continue  obftinatc  in  thy  evill  courfes ;  to  pardon  thee,  if  thou  con- 
 fetfe,  fubmit,  an3  crave  pardon  for  them.   £ rgo%  the  king  and  his  Cavallceres  have  an 
 abfolutc  power  to  murthcr,  plunder,  destroy  his  Subjects,  fubverc  Religion,  and 
 he  and  his  Forces  muft  not  herein  be  refitted,  is  an  ill  confequent  from  fuchgood 
 premifes. 
 *  Sce  c aJfi"      The  third  is  this :  where  the  wfrdof  a  King  is,  there  is  power*  *  and  who  ma]  fa]  unto 
 cfhtl!e*&iu*i-  ^m  W^at  ^°fi  ^°H '  Ctnat  IS>  expoftulatc  with,  cenfnre  him  for  doing  jufl/j,  as  lob  34.17. 
 'dhprs^.con- 1 8«  ip.  expound  it, )  Ergo  the  king  or  his  Forces  may  not  be  refitted  in  any  cafe  1 
 fd.14.fecf.6z*  they  might  rather  conclude.    Therefore  neither  Kingdomc  nor  Parliament,  nor  any 
 paia.  Sub/ccfl  or  pcrfon  whatfoever  ought  to  demand  of  the  king,  to  what  end,or  why  h 
 
 hathraifed  Forces  and  Armed  Papifts  againft  theParliament,and  Proteftant  Religion 
 Thefe  Court-Doctors  might  as  trucly  conclude  from  hence :  If  the  king fhouldco 
 mand  us  to  (ay  Mafle  in  his  Cbappeii,  or  our  Parishes,  to adornc  Images,  to  turne  pr 
 fcfledMafTe-priefts,  &c»  to  vent  any  Erronions  Popidi  Doctrines;  to  pervert  th 
 Scriptures  to  fupport  Tyrannie  and  la  wleffe  cruelty  :  wc  muft  and  will  fas  fome  of 
 us  doc)cheereful  ly  obey  j  for  where  the  word  of  a  King  is,  there  is  power ,  and  we  may  no 
 fay  unto  bim,  what  dofl  thou  f  If  a  King  mould  violently  ravifh  matrons,  defloure  virgins;  unnanj 
 s  De  Pontif,   rally  abufe  youth.,  cue  all  his  Subjects  throates,  fire  their  houfes,facke  their  Cities,  fubvert  their  li 
 Rom.1.4.         berties;3nd(as  x  BeUawine  puts  the  cafe  of  the  Popes  abfolute  irrefiftible  authority)  fend  million 
 of  fcules  to  hell;  yet  no  min  under  paine  of  damnation,  may  or  ought  to  demand e  of  him,  'Domim 
 y  x  Sam.  ii«    cur  ita  facts?  Sir,  what  doe  you?  But  was  this  theho'yGhoits  meaning  thinkeyou,  in  thisplacei 
 7  &c.  If  fo,then  y  Hathm  was  much  to  blame  for  reprehending  l(wg  'Davids  Adultery,1  A^ariah  andthe  40, 
 
 PrieflsTvhomth[loodl\ingl\xiahwhcnhewouldbavcof}credincevft,  on  the  incenfe  Altar  t  andtbruf 
 him  out  of  the  Temple,  telling  bim,  it  per  taineth  not  to  thee  Vztiab,  to  burnt  incenfe  to  the  Lord,  &c< 
 ^tChro.  17.  iVereno  lejfethen  Traytors.  ^obn  Biptift  was  much  ovcr-feene  to  tell  King  Herod^  It  is  not  law* 
 17 .18.19.20.  full  for  theetobave  thy  brctberswife.  The  Prophet  who  iharpely  reprehended  ^^^wfc  for  his  Idoi 
 latiyand  new  altar,  z  chron  if.  15. 16.  wasjuQly  checked  by  the  king.  E/tM&was  robe  rebuked 
 *  1  King  l8«  for  telling  Ahab  fo  plainely  (f  his  faults ,  and  fending  fuib  ahirfh  mejf age  to  Xjng  Ahaziah,Elifhamu:h  ti 
 17 . 1 8.  beflyent  for  upngfuch  barfly  language  to  i{ing  ^thoram,  i  icings  5.  1  3 .  14.  yea  Samuel  and  Hanani  de« 
 
 ferved  the  ftrappado  for  telling  King  Saul^&  jifdyThat  they  had  donefoolifkly,y  Sam.  15  $.  2  Chron, 
 biKino.i,f.  >?•  9«  The  meaning  therefore  of  this  Text,  fo  much  miftaken,  (anlefie  we  will  cenfure  ail  theft 
 416.    '  Prophets,  and  have  Kings  not  oncly  irreiiftible  but  irreprehenfible  for  their  wickedneflcj  is  onely, 
 
 this  ;  No  manmayrrefumcto  ^ueftionche  kings  juft  actions,  warranted  by  his  law  full  royallpow^ 
 er.-  ("this  text  being  parallel  with  Rom.  ij.i.  2.  3.4)  What  then?  Ergo, None  muft  queftion  or 
 
 re(i(this,or  hisCavalleersunjufcvioleiccand  proceedings,  (not  the  Parliament  the 
 fuprcmeft  Iudicature  and  Soveraigne  Power  in  the  Kingdomc)  is  a  ridiculous  con- If1 ; 
 iequence :  yet  this  is  all  this  Tcxc  doth  contribute  to  their  prcfent  dying  bad  caufe,  * . 
 
both  in  Toifit  ofLa^o  and  Ccnfc  ence.  ?p 
 
 The  5.  i  »*lty  viL,J  (  '  " ■'■■•■<."■-''.•■■.  r. 
 
 7.  Er.  othcK  niched  nor  tefifted,  (*)a*a 
 
 I  wonder  they  did  not  as  well  arg»ic ,  icrforth  I  iffe  Ins  Majeftics  t°lh  Cm- 
 hand  fn"  cc  it  cannot  be  done  without  toychii  ts^  Barber  trim  f 
 
 hi  ro -nor  his  Bedchamber  men  attir  i 
 
 AndthcCava.'cen  rr.i :  ccforth he £rreft<  '-'4,1? 
 
 lowed  God-dammec  .    Such  concluhons  had  been  more  literal!  and  genuine  then 
 
 the  fir  it. 
 
 But  to  nnfv.cr  this  long  fincc  exploded  trh  jail  Objection,  not  named  by  Dr  Ferr.c,  A  \fwk 
 though  icvircd  by  others  fince  Mm.  Iuy  fiift,cliat  this  Tex :  concemes  not  kings  ac 
 all,  butthe  true anojnted  Sain' s  fCj^d  their  Subjccls,  whom  kings  have  be  en  alwayes 
 0pt  to  epprejfe  and  perfect  te •  witnetieiVV,  2.  i*&c.tslcl  4-<6".  27.  <l/^<:7.  12.1,2,3 
 vvickall I  ail  liiftori-s,' ncicntor  mod^ri:c.  This  is  moft  appa- 
 
 rent •  firftjbecauie  thefc  woids  vvcrefpolcen  by  6Wtr>  Kings  then  fcl  cs,  as  the  Tc 
 is  CArprcflc,  P/aJ  1 05  14,1  5.   I  (brc».l6.20,2l>  Hefufferedno  man  to  do  them  rvreng^ 
 but  reproved  even  K I NGSfer  their  fakes  fayingt(«ven  to  king  themfelves,  namely  to 
 kin»  Pharaoh  *nV\i\*9S'bim( tech.  Gin.  12.  10. to  20.  Chdp.io.mdz6  1. 1.017.20) 
 Touch  not  wine  Ani%>rtcd,anc.  d)  my  PnpLetsr.o  harm  :  Therefore  not  meant  cf  kings. 
 Secondly  becaufc  thefe words  were  fpokep  diiccvtJy  and  imji  cdiately  of  Abraham* 
 Jftaac    Iacob,   their  wives  ai  d  f  milics,  as  it  is  evident  by  Verfc  6.  the  whole   ierics 
 ofthc  Pfalme  yvi\\\c\\  isHiftoncallj  t  he  for  cciicATcMs  oiGettefij  to  which  the  words 
 relate,    the   punctual!  confeflion  cf  Aug  ufttnc  ,   and  all  other.  Expoptors  on  this 
 Tjalm  ;  Now  neither  they,  nor  their  wives, nor  their  children  clearly  %  were  aclu  all, 
 m\it\i\^tancintedKinfft\  F01  firlijthey  lived  long  before  the  government  cfklng--; iwas 
 eree'led  among  the  IfracInes,of  whom  {  )  Saulrv.u  the  fir  ft.      2.  They  had  no  king-  M  1  $**.l&t 
 dom  nor  territories  oftheirown  when  theft  words  were  Metered, but  veer  c  (Ira* jfers  fet 
 
 the  Land  e  01  v  a  from  one  Tifiion  and  Kingdom  r>  another  9  fo]onrning  obf curdy  like^         '  ■     ** 
 *P$/grimsd*  a  Strangtrs  upon  earthen  Sgjptj  'rr.dtr  King  Fh^raohjAbime* 
 
 itxhfauder her  Prin    j^nor  askings,  bi  1        te  Hteo,   ttrjPerJe  Ifc  13. 
 
 Gcr.  u.ar.c  2;>.and  26  CnAf^l%  ^^aP*S7:1'  ?*'**♦  *3»7«  Heir,  u.x  5.  refolrc. 
 Thirdly,    They   vpcre    but  very  few  men  %n  number ,  Verfe  12.    Gcnefts  34.    30, 
 they  w<rc  Matters  onely  of then  ownfmall  families,  and  that  under  fortaignXingi; 
 therfore  doubtlefll  no  kings  at  al  '.Fourthly3this  was  fpoken  ot'thcte  F  suiiaichs  Wives 
 en  (Favnliet9%s  wellasofthcrriclvef;£and  they  certainly  wc;c  nokiugs  ui  i-ile)CU 
 WiUhafekiogdon  $con:"(lin^  onely  of  kingsnndnofubjects  at  all)  J-'irfe  12.14,  Gen*  (c)SecZcf4jX 
 i 2^  1 5 .to 2b. (  hap»2Q*t. toi7  Chapt?>$*li*Cbap.$j9$Q.  Cl.p.^.6.    Fifthly,  the  8'  Ge*-io>6. 
 Scripcurcnowhcrecallsthc.il  kings  ,  much  Idle  tneTcA't ,  which  terms  ihcma-1     III,fH- 
 pre ft j  Prophets, Touch  net mine  Anointed,  and  do  U\iT    PROPHETS    (not    pro*  J^^'^J' 
 pcrly  fo taken, but  largely, that  is,  Mjfcrvnnts ymy  ch often psc^lcy&Vtrje  6.CA-poi  nJi  nlifr.Zfr.ij/ 
 it)  no  harm:  The  latei  Cl^ct  Do  my  Pre  phcts  no  harm  ,  being  ane^rac^  intcrpreC3.  ja^  loh.uiS. 
 :ion  of  the  former,  Touch  net  wine  Aneinted^^MX  is,  My  Prophets  *nd  Scivar.ts,  (o  far  CO  Matth&j, 
 :orth  as  to  do(e)them  harm  {For  in  a  common  fcnce,no  douhij  hey  (f)mtght  be  touched  ^  €*lJ  -7' 
 vithout  offence  to  God  or  them,  by  way  ©f  imbraccment,  afli(iance,"and  the  like,  lu^'a  ?,I*,v 
 
 M  SiA,t^y, 
 
$o  The  lawfulnejfe  of  the  TarlUmems  neceftary  defett  foe  War, 
 
 Sixtly, Though  there  wcic  kings  in  Abrahams  day cs  or  before,  as  is  evident  by  Gen* 
 14.1,2,  &c.  yet  there  were  no  anointed  kings,  nor  were  kings  ever  called  Godsanoin- 
 tedi^\Sauls  d^^s^Voy^^^^anoiniedKing  I  readof,  1  Sam.to.x.  and  the 
 fir(tkiQgeverltilcd,r^Z,m>  At.ointed^  Srfw.12.3,5.  whereas  Pricfts  werean- 
 oimedlong  before, Exodus  30.2,o.C^p.  40,13,1 5.  Therefoie  zsfnvinted  in  theTcxt 
 cannot bemeaiitof  kings, or ofperfons  actually  anointed,  butonelyof  thofe  Saints  of 
 god,  who  were  met aphcrically  and  fpirit ually  anointed  ^having  the  gifts  and  graces  of 
 GodsSpirit,  Pfal.2%.%$.  Hab^.1%.  a.Or.i.n  .1  Iohni.  2j,E*ie.  16*9  Jfay  20,27. 
 ThisTcvt  then  being  nor  meant  cf  kings  which  are  aflualiy ,  but  of  Chriftians  ©nely 
 C«>  The  Vmdi-  fpiritualy  anointed,  in  regard  of  which  anointing(as  I  have  (^jelfewhere  largely  ma-  I 
 l%6n  and  Re-  mfeftcd)  they  are  in  Scripture,  not  onely  filled  Chriftians  (  which  in  plain  Englifli   j 
 vmdkationof    \%annoynted)  Alls  11. 2d. c.26.26. 1  Pct.j\..\6.  but  C'wift  fin  the ab(trae\)  1  CW.12. 
 ?f*l**1%U9lS  ii.Ephef.^12,13*  thtMembers,Body,  Flejb  and  Bones  ofChrifi.lCor.\i.i%)'j9 
 Efhef  1,22*2?  c.5»29>30i3T4C^/.i.2  4.Yea,70>^/  and  Prieftsunto  god  the  Father  ; 
 Exod*i9.f*  I  TV*. 2. 5.  Reve/.l*6.c>$ti0.c,20.6.fot  whom  God  hath  prepared  a  hea- 
 venly Kitwdom  j  (wherein  they  {hall reign  with  Chnft for  ever)    with  an  everlaflmg 
 Crown  of glory loo ,  CM  at  th.  5. T^c ,25,34.  Luki6*lo.c*\2.  }2.<r.22.2?.  30*  Co/.  i,ijfc 
 zThetf.2. 12. 1  Corinth,  9,  25.  2  Tim*2. 1 2/\4.8.H<?£.i 2.  28.  2  Pct.^*   zPet.i.  Ill 
 Iam,2^'  \Revel.22.%.  The  proper  argument  theiuhat can  be  thence  deduced  by  our 
 Oppofues,  is  but  this  Hjnfequitur, 
 
 Kings  therr  felves  muft  not  touch  Gods  fpiritually  annointed  Saints  and  Servants  to 
 do  them  harm  •  Erg&y\{  Kings  do  violently  and  unjtiftly  make  warre  upon  them ,  not 
 anelytoharmjbutplunder^muttber^deftroythemutterlyaextirpatethatReligionthcy 
 profefleand  are  bound  to  maintain  ,  they  are  obliged  in  point  of  confeience  y  under 
 pain  of  damnation,  nottorefift;  Whereas  the  conclufionfliould  be  directly  contrary. 
 Therefore  they  may  lawfully  with  good  confeience  refiftthem  totkeuttermo{t,infucli 
 cafes:  ForfinceGod  hath  thus  directly  enjoy  ncd  KingsyNot  to  toucher  do  themharm; 
 ifKings  will  wilfully  violate  this  injunction,  they  may  wiT.hfafeconfcience,byforca 
 ofArmswith(t2nd,repulfe,  theirunjuft  violence,  and  hinder  Ki  igs  or  their  inftru— 
 ments  from  doing  them  thatiniury  which  God  himfelf  prohibits ;  elk  they  fhould  be 
 aecefTories  to  their  kings  iniuftice,  andauihors  of  their  own  wrongs,  according  to 
 (¥)GuticL7i.      thefe  received  M-J^imes ;   (h  )  Jjjhii  nonpohtbet  malum  quodpotefl ,  jube  t ;  ^uipoteft 
 $attfaai3,qH.$>  obviare  & perturb  are  perverfos  & nonfacit ,  nihilefl ■  aliudquamfavere  eorumimpietd- 
 + j ,6. wine     ^ . ^ec caret fcrxpulofocietatM occult* , qui manifeftofacmori  definit  obviare  %     Qui 
 ™e*cited  utku  definit  obviare  cum pot  eft \confentit :  ufed  by Ambrofey  Hierome,  Augufline,Ipodor9 
 jmtpfifc,  tAnAftmus,  and  Gratian,  who  recites,applics  them  to  defenfive  wars*    And  if  our 
 
 Oppofitcs  (who  pervert  this  Tertby  tranflating  it  from  Subjetls  and  Saints,  to 
 Kmgs)  may  in  their  erronious  fence fafely  argue  tnuice,That  if  fubie&s  take  up  Arms- 
 a^ainft  their  Princes,  contrary  to  this  Te#t,  their  Princes  may  by  vertue  of  this  pre- 
 cept, kiftly  refift  them  with  force,  and  repulfctheir  iniuries ;  then  by  the  true  genuine 
 fence  thereof  (  being  meant  of  Subie6ts,Saints,  not  King? )  ifKings  will  violently  af- 
 fault  and  make  war  upon  Saints,  their  Subic<5ts,  to  harm  thorn,  they  may  with  as  good 
 rcafon  and  confeience  defend  themfeives  agairit  their  Kings  and  ill  Inftranscnts ,  as 
 their  Kings  prote  6i  themfeives  in  this  fort  again!*  them,  and  that  by  authoritie  of  this 
 Te*t3  by  our  Oppofites  own  argumentation.  )  4 
 
 Thirdly, admit  chis  Scriptursmcam  of  Kings^yct  what  fheagch  is  there  in  it  to  pri~ 
 
 vttcdg 
 
 1 
 
both  in  Totnt  of  Law  and  Cov/cience.  9 1 
 
 vileJpe  them  frcin  inftncccffaiy  refinance  ?  If  any,  itmuft  reft  in  the  word  annointed-^ 
 but  tins  will  afford  kingsno  fuch  corporall  priv  j]c  J^cs  as  many  fancie,  neither  from 
 lawfullrcu*itancc,nor  deposition,  nor  fentence  of  dc  *th  ic  I  ©If,  which  I  fhall  undenia- 
 bly evidence  to  refute  a  commonly  received  crrour  ••  For}firlt,  it  isapparcnt,that  the 
 tnointid here meant,are fuch onefy  who  are  fpiritu  -  lly  anr.ointcd,efthcr  with  thee*. 
 tctnariprofclllon  and  ceremonies,  of  Gcdi  true  rc!i-:o.i,or  with  the  internal!  graces  of 
 the  Spirit;  for  neithec  *Alr.iham,  Ifaac%  /^r^,  nor  their  families  (nor  any  kings 
 of  Pricfts  in  their  diyes  )  fot  Ought  we  findf,  were  corporally  annointcd.  Befides, 
 the  annointinghere  intended, is  that  which  hcomnonto  (i)  Prtrfts  and  Prcpbets(ns  0)Zxod.so.>4 
 Touch  not  mine  ar.nowted%and  do  mj  Trophets  no  £*r;w,in.lallibly  proves )  rather  then  *-4»xJ>»*« 
 that  which  is  peculiar  to  kings.     Whence  I  thus  argue,  That  annotating  which  is  fS22ii 
 con  monto  fubic&sas  well  as  kings,  and  cannot  fecure  any  fubic£ts,uhointhcgcnu~     ^ 
 inefencceftbeTe.vt,arc  Gods amointed  from  iuli  rcfifta  ice.cotporal]  vi.»lence,lcgall 
 cenlu res,  or  death,  cannct  in  or  ofitfeif  aloneiecure  kings  from  any  ofthef-,  no  fur- 
 ther then  it  fecurcs  fubiects:  fqr  the  annoiting  being  the  fan.e  in  both,  muft  have  the 
 felfWame  operation  and  immunities  in  both.  But  this  anointing  in  fubiccts  can  neither 
 evempt  their  pet  fons  from  nceeffary  iuft  re(iftance,  ifthey  unlawfuJIyaiTaulc  or  war 
 upon  their  Superic.urs,  equalls,  intcriours;  nor  free  them  from  arrefts,  imprison- 
 ments, arraignments, deprivations,  or  e-apitail  cenlures,  ifthey  offend  and  demerit 
 them  as  we^all  know  by  (k^)  Scripture  and  experience  :  Therefore  it  can  tranfferno  (IfiEcdf:.?*, 
 fich  corporall  immunities  or  CAremptions  from  all  or  any  of  thcfe,o  kings  ;  buconely,  t^-U^^cb. 
 exempt  them  from  un':a\\  full  violence  and  injuria,  in  point  ofrighc,  fo  far  forth,  as  it  IV*4*1*' 
 doth  other  Subjects,     In  a  word,  this  anncinting  being  common  to  a1!  Chrillians,  9"1  '*" 
 can  givcnofpeciallPrcrog  tiveto  King^  butoneJy  fuch  as  are  common  to  all  Sub- 
 ie&s  astUey  aieChiiftians.     Sccordlyjadmicit  be  mean  of  an  acrtnalJ  externallan- 
 oynting  yetthat  of  it  fclf  affords  Kings  no  greater  priviJcdge  then  the  inward  uncli- 
 on,  of  which  it  is  a  type,  neither  can  itpriviledge  them  from  juft  refinance,  .or  jtlft 
 corporall  cenfures  of  all  forts.  Ffrlt,  it  cannot  privilecige  them  from  the  iuft  alIaults,(/)P/&-«t35J# 
 
 kings,  even  to  death  ;  a  s  is.  apparent  by  (/)  SthonKixg  of  the  Amoritcs ,  and  Ogthe  x?,z4,is,r6. 
 
 priibned,condemned  flew,  executed  divers  other  (o )  kings  of  Can*any  to  the  num.  t9j^%' 
 bet  of  thirty  one  in  ail;   by  king  (p    nsfdonibeu^  (ej)  Eglon.(r)  Ag<xg%  with  {$)ln&i%\%t9\* 
 other  lTcathen  A'ings, imprisoned,  ftabbed^hewen  in  pieces  by  the  llraelites.  Jfany  (Oi*«*Vf» 
 obieft,Thefe  kings  were  not  actual  lyannoyntcd,  which  they  cannot  prove  ,  fince  V'f}*'r         ^ 
 {f)  Cjrm  an  Heathenizing,  is  (tiled  Godsanr.oynted',  no  doubt  S au L  r? m  an  annoy  nt.  \thKini    ?* 
 ed  King,  tfnvt  the  firfi  in  thewtrld.  I  Sam+l0ti*ycthc  was  jstftlyrefijled,  rveunded,  54,3?. 
 furfnedby  the  Fbitiftines ,i  SarK^i.^.  *  Iofiahzw  annoyntedgood  A'ing,  wasflain  by  *  ichro.sf* 
 Pharaoh  Necho  King  of  Egypt,  whcmherafhlyencouncred  ;  (t)  King  tAhab  was  (*J  *  K'*g  9>r* 
 flainby  an  Archer  of  the  King  of  slffyria,  (u)  Kixg  loram  and  tAbaztab  were  both  i7*   ^ 
 flain  by  Iebny  by  gods  command',  (*)  Ieboaaz  was  depofed  by  the  King  of  Egypt,  <r,7. 
 {l)hboiakim ZtnHeh^iak^n  both  depofed /* ncred andkept prifoners  by  thcKing efBa-  Q)i  Im  j.f.J 
 
 M2  bylon  • 
 
9*  The  hwfulneffe  oft  he  Parliaments  necejfary  Defenfoe  fVar9 
 
 y       ,    .  .    bylon\  who  alio (y)  apprehended .  dyofed,  judicially  condemned  King  Zedechiah  ,put 
 
 J,  j.      'out  his  eyes  sand  feut  him  prifiner  to  Babylo -1  hound  with  fitters  of  br^ffe.  So  (z,)  Ma~ 
 
 {a]  2.  King  iA^a(f€S  was  d<-Vo fed, bound  with  fitters  ofbraffe,  and  carry  ed  captive  by  the  C*ft*wes  oft  he 
 
 l},  Kingof  Afjria,    (a)  Awzziah  King  of  ludah  was  t&ken  pYifner  by  lehoafb  Ktrq  of 
 
 Ifrael.  Infinite  are  the  presidents  in  ftories,  where  kings  of  one  Nation  in  juft  warrs, 
 
 have  been  afftultcd,  invaded,  imp:ifoned,dcpcfed,fiain,  by  Princes  and  Sub/efts  of* 
 
 another  Nation;  and  that  jnitiy.  as  aiJgrant  without  exception;  neither  their  an- 
 
 nointing,nor  Kiogfhip  being  any  exemption  or  privilcdge  to  them  at  alJ  in  reipe<&  of 
 
 forra'igner?,in  cafes  ofhofulity ,  to  whom  they  are  no  Sovera  igns,  no  more  then  roany 
 
 /■dr. 1.  Eodm    ed,  depofed,  judged  to  death  and  executed,  becauf?  as  to  them  they  arc  but  Subjects,  not< 
 CommmrvA.  f.  withi+andirigtheirannointing,  as  appears  by  fundry  prefidentsin  our  own  and  for- 
 
 places  (who  were  not  abfjJute  Monarchs)  have  in  former  ages  been  lawfully  refifted 
 im^rtfonedj  dtpofid,  and fume  of  'them  judiciaHj  adjudged  to  death  and  executed,  by  their 
 cwve  Senates ,f Parliaments \  DJetf>  States9fot  their  opp:  eflicn,  mal-adminiftracion,  ty- 
 (0  C omminn?J*nnjT >*X]&  tnat )u !'^y»as  c)Bcclny  (d)  Qrot.us^nhozhcus  affirm,  notwithftai  d  ng 
 li.es*  any  pretence  that  they  were  annoined  Soveraigns.    Fourthly,  Popes  ,  Bifhops  and 
 
 (d)  D  e  lure     Tyiesh  anciently  were,  ard  at  this  pre fint  in  the  Fcmifi  Churches  are  aclually  axnointe&A 
 Belli l.i.c  3.    a5  we|j  as  Kjngs;  and  we  know  the  (e)  Pop'Jh  Clergy  and  C&nomfts  have  frequently 
 7  j  ll  I  *  '    aliedaed  this  Tcxr,  Touch  mt  mine  annotated  and  due  ;,;/  Pre  hits  ho  harms,  in  Coun-  | 
 tftr^€intl^6th,wtctc;&ih  ai*dfokmn  debates  it)  Parliament,  to  prove  their  exemption  from  the 
 
 side  im-  arrefis  judgements ,  capital!  cenfares  and  proceedings  of Kings  and  ficular  fudges  for  any    • 
 mandate  '<-  Icy-  crimes whntfotver,  becaufc £farfoGtbJ  they  were  Gods annorntt djntendt din  tbts  Text ,  J 
 ^H'jhcp   notiQyin-s*  therefore  Kings  and  Seculars rrm&  not  touch,  nor  offer  any  the  lean  vio- 
 
 %&mhf.  e&i,  [es  0f  Parliament,  and  all  die  Iudgesof £#g{and>  this  Text  bemgehiefy  tnfijhd  on  to 
 prove the  Qerl*es  exemption,  JureDivino,mt4  wholly  exploded  in  England ,  and  fince 
 that  in  Cj  trmvny^F ranee ,  other  Realms ;  and  notwithstanding  its  protection, ma- 
 il) 
 k 
 
 %4, \rj.  '  athar  the  High.  Trieft  wm  depofed  by  Salomon  for  his  Treafon  againfl  him. ,  notwith-*  ] 
 Handing  his  Aqnointing ; )  their  anuointinggavin-gthem  not  the  fmalleft  immunity1 
 to  doc  ill, or  not  to  fuffer  all  kinds  of  corporal],  capital!  puniflimentsfor  their  mifde- 
 meanors.  If  this  a&uallann.ointingthen,  cannot  lawfully  exempt  or  iecure  Pneftr 
 and  Prelates  perfons,  nor  the  Pope  bimfelfefrcm  thepremifes,  how  then  can  it  ju(tly 
 priyiledge  the  perfons  of  Kings  I  Fife  h!y>  among  the  Papifts  all  infants  ^either  inthetr\ 
 
 bavtrfme 
 
both  n  Toint  of  Law  andionjcicnce.  55 
 
 baptifrk"ctor confirmation are  athtally  drtnoint ed  with  their  confecrated{t)  Cl^ifac,  ami 
 (^)  cxtri  ch  they  imUt(/J  2  S\ 
 
 lo  a  1 1 
 
 ;       >urati<  n,  which  they  i  Sacrament,  as  being  no  Vv  here  coi 
 
 :  B  t  neither  oftbefcafiualJ  un#i<  m,  exempt  allot  any  of  thofc  annotated 
 
 it  from  re  (1     nee,  raHfunifiimeotSjor  juftc<  f any  kind  ;  there- 
 
 but  to  no  othct  kings  clir,who  are  neither  annotated  oorcrownedjas  I  cit\\  m«  ;  (0 
 that  it  caonot  give  any  priviJcdgeat  all  to  any  but  onely  tothefef.  not  c:hcr  kings 
 
 jrc  not  anointed  Ni-wltcing  only  thci'^.kingh  are  ^c7^7///anointedjyca  Ani/«// 'a;e/         '   > 
 their  per  fonsfycred,  even  beforechey  are  annointcd  or  crowned,  ar.dcthe: 
 lings  per  ions    2i(ji^pain,tinrigaryiueKm.'ir^d^vcdenhIJoland,C'c.     wv.oarcnot  an-  niftst 
 
 ed, areas  facred,  ascx  m  danger,  as  thofe  who  are  enoy led}  Andleeing 
 
 the  annointing  of  kings  is  at  this  day  a  metr  arbitrary  humane  Cipcmanjy  r.ot  injoyncd  m,ro  & 
 by  tUvi  t  to  all  Kings ^oho  are  (ni)  Kings  before their  Coronations 
 
 it  ismofl  certain  and  ii  I  ,tbat  t hb  enoy ling  hi  and  of  icie, fc  da ives  no  pcribnah 
 
 V       >gativcs  or  Immunities  at  all  to  kings,  much  IctVc  an  abfblllte  exemption  frcm  ail  jt. 
 aCtmilriiiLtancc  incaJes  ofimjuft  invalionson  their  Subjects,  or  from  tJ-ccer.fnesef  • 
 their  F  ubl  kcduirudivc exorbitances aasraofthave  hitherto  blindly 
 
 Nc  .  jefied  fpecchc?  of  D^z-id        s     i  ig  W,  im- 
 
 .;.£>.  JO.  c  2*.g.il.2\£c  a.V^w.  i.  12.16.  The  Lord  for- 
 
 ;;er  the  Lords  sAnnofr ted,  tofiretchfo)  t h  n,  >  I 9. 
 /J  /.•//«  ftewg  he 16  the  Lords  st  anointed,  /  well  not  fm  fo^t, 
 qy  Lord,  forte  &ffs  the  Lot  *(ed+     ^dDividjAJdtoAbifozi,    Dtfin  \ 
 
 vor,ft  srds  tL/fnnoinied ,  and  bog 
 
 vchforthwp  band  *g4vnft  the  L*  ned,    The 
 
 Lord  d  '  y  hand  to  davyjbnt  I  would  not ,  i retch  forth  d  again  ft-  the  • ; , ;. ;  7 1. 
 
 Lords  then  not  afraid (0  J; retch forth U  .    e  Lords 
 
 0:4  thy  bsi id,  for  1 1  y  mottt h  hath  ttjltficd  1 
 ,    Which  fever  all  Testes  fecm  at  fie  ft  fij  I  that 
 
 vcTy  externa llunnoinring was  thit\  curerhispc  maiTaulsand 
 
 that  i;  is  unlawfullcvcn  by  way  of  dtfence/orcjbly  VfithAimes  cofe- 
 Ciii  a  perlccuti:  gunjuil  ing  king,  becauie  he  is  annointed 
 
 itihelcTc:  aiu!cred,wiil  warrant  neither  cf'chcfeconclufions.  Fi-ft 
 
 then, I a^f'wer,  1  f//bai*  annointing,  coufidcredas  an  exrernatl  Ccr c 
 
 Ong ,    did  not,  could  not  1  rjitytoh 
 
 igainft  Davids ,  or  any. other  Subjects  juH violent  refinance,  a*  :  d  (*)*'&**•*• 
 
 is  uianifeft;  but  it  wasonely  his  loyail  Sovcraign  Office conf  m  by  Jj*)^- 
 
 God  and  the  people,  to  which  his  cxrernail  annointing  by  Sanmcl  v 
 
 "•:Tha-  ,with  other  his^lucccflours,  a  king,  was  not  V*f* 
 
 tpoj 
 bcht 
 
 Mm?  dc" 
 
9  \  The  Uypfoli  ej]c  of  the  Parliaments  ncctfjary  Defence  War^ 
 
 d<fccnt,wererc^  kings  before  they  were  annointed;  fbmeof  them  being  not  an- 
 nomttd  at  all  f -  r  ought  we  read  :  therefore  their  un&ion  made  them  not  kings,  fincc 
 neither  (imply  neceflary,  nor  cfTcntiall  to  their  being  kings.  Nor  did  Sauls  annoin- 
 ting  only,  preceding  his  Regalicy,  make  his  pcrion  facred,or  any  other  kings perfons ; 
 for  chen  it  would  follow,  That  if  Saulhzd  not  been  actually  annointed,  or  had  conti- 
 nued king  for  fomeyeercs  without  this  annointing,  the;.  David  infuch  a  cafe  might 
 lawfully  have  (lain  him,  without  check  of  confeienee,  and  that  the  perfons  of  kings 
 not  at  all  annointed;  and  of  hereditary  kings  before  their  Coronations,  till  they  are 
 annointed,fhou!dnotbefacred,  nor  exempt  from  violence;  whichis  bothfalfeand  i 
 perillous  to  affirm ;  but  it  was  his  Soveraign  Royall  Authority  over  David(thtv\  his  ! 
 Son~in-Uvp, Servant,  SubjeEt)  which  reftrained  him  from  offering  violence  to  his  per-  * 
 Ion.  Saul  then  being  thus  priviledged,  not  becaufe  he  was  annointed,  butbecaufehe 
 was  an  annointed  king,  and  that  not  auatenus  ssinnointed ,  but  quatenus  King ;  the 
 true  fenfe  and  genui ne interpretation  ofthefe  Texts  muft  be,  That  Sauls  perfbn  was  fa« 
 crcd,  exempt  from  his  Subjects  violence,  not  becaufe  he  was  annointed,  as  if  that  on- 
 /fvSa  ly  didpriviledgehim;  but  becaufe  he  was  a  lawfull king  (/)  appointed  fa  the  Lsrd 
 
 i\ r*c  io.i«>,i.  himfelfe,t\\z(t)  Lords  annotated,  being  but  a  periphrasis,  orforme  offpeech,  wherein 
 (t)  1  Sam.  i2,  the  Ceremony  of  annointing,  is  ufed  for  the  Regality,  or  kingly power  it  feife,  declared 
 15.^1  ?•*  Jj*.i*  not  conferred  by  annointing,  and  in  plain  words  without  any  figure,  it  is  put  for,  the 
 1.  1  chio.  z8,  L,Br(ls  Kingy  that  is,  a  King  appointed  by  the  Lord ;  in  which  fence  God  calls  Chrifl 
 ?l}Pfal  2  6.  (v}  myK*H&>  anc^  *&*&'*&  ftiteshimfelfe  (x)  Gods  King.  Sauls  Royall  Authority 
 Pfal.  18, 50.'  without  his  annointing, not  his  annointing,  fpredeftinating  him  to  his  Authority  be- 
 (>)r  Sam,  10.  ing  the  ground  ofehis  his  immunity  from  Davids  violence.  Secondly,  (y)  Saul  wat 
 1 ,  i,  2  4.  annointed  fomefpace  before  he  was  made  King ,  and  (z,)  David  manyyetre  before  hee 
 
 (0 1  Sain  A   catnetQtfoe  (frowne :  I  would  then  demand  of  any  man ;  if  Saul  ot  'David  after  their. 
 un<5tipn,and  before  their  election  and  inauguration  to  the  Crown  had  invaded  or  aC- 
 faulted  any  of  the  people  in  an  hoftile  manner,  whether  they  might  not  have  juftly  re- 
 filled,repulfed,yea  flainthem  o  in  theirown  necevTary  defence? If  nor,then  one  Sub- 
 ject may  not  repulfe  the  unjuft  violence  of  another  in  an  elective  kingdomc,  if  by  po£ 
 fibilicy  he  may  afterwards  be  chofen  king,though  for  the  prefenthe  be  neithera&ually 
 king  nor  Magi(trate,hut  a  Shepheard}zs  David  was sPfal.jZ. 70,7 1  which  1  prcfurn 
 none  will  affirm,  I  am  certain  none  can  prove:  Iffo,  then  it  wasnot^W/annointin 
 but  onely  his  Royall  Authority,  which  made  David  thus  tofpare  his  life,  hispetibi 
 So  that  our  Oppofites  preffing  this  Argument  only  from  his  Annointing,  is  both  fall 
 and  idle,  as  all  the  premifes  demonftratc. 
 
 But  to  fet  the  Ai  gument  right ;  I  anfwer  thirdly,  That  all  which  thele  Texts  afti 
 Davids cxamp  e  prove,  is  buc  this.  That  Subjects  ought  not  wilfully  or  purposely  t# 
 murder  or  offer  violence  to  the  perfons  of  their  kings;  eipeciall/  in  cold  blood  when 
 they  doe  not  actually  affault  them.  Ergo  they  may  not  refilt,  repulfe  their  perfbn  all 
 acluall  aflaults,  nor  oppofe  their  cut-throat  Cavaleers  when  they  make  an  unjuft 
 warse  againri  them-Wr  ich  Argument  is  a  meet  Nonfcquitur. 
 
 For  1.  David*  example  extends  only  toW/own  perfon,notto  his  Souldiers,whc 
 
 were  neither  kings,  nor  Gods  Annointed;  and  whom  David  no  doubt  would  ha?i 
 
 rt»  *./,8*  refitted  and  flain  too  had  they  affaulted  him,  though  he  fpared  Saul :  as  (a)  Dr.Fert 
 
 hinuelfe  insinuates  in  thele  words ;  Davids  (juardthat  he  hadabout  him>  was  onely  t 
 
 ficure  his  per  fan  againft  the  cut- throats  of  Saul,  if  fern  to  take  away  his  life3  &c.  He  wa 
 
 annointe 
 
both  in  Point  of  Law  an  d  Confeience.  p  5 
 
 nunoynted-  uddcfgncdby  the  Lordto(ncceed^i\\  ,  and therefore  bf  might  ;:fe  an 
 traordtnaty  way  of fafe- guarding  huperfin  :  Therefore  be  a  ici  his  Guard  would  and    $*#!'• 
 irrghtdoubtlciTc  have  with  a  f/tc  confeience  refined,  repulfcd  Sauls  cut-throat  Soul- 
 dicrs,  had  they  affauked  Dsvid%  to  take  away  his  lite.    And  Iffo,  then  the  Kings  Cut- 
 :h:oat  Cavallccrs  by  his  own  confeflien,  may  lawfully  be  rcfi(hd,  repulfcd,  (lain  in  a 
 defenfive  way,  by  die  Parliaments  forces  now. 
 
 Secondly,  the  argument  isabfurd,  bccatifewc  may  forcibly  re  (lit  and  repulfc  with 
 "afe  confeience,  thole  whom  we  may  not  wilfully  fl  ay.  If  a  mail  a  (Vaults  mc ,  to  beat 
 )r  wound  mc,  I  may  refill,  rcpuJfe  him  with  violence,  but  I  may  not  kill  him  in  mine 
 )wn  defence,  without  murder  or  manfliughrer,  milefle  I  could  not  otherwife  prcfervc 
 riy  own  life  by  flight  or  rcfi'tance.  (b)  Doll or  Feme  grants  ,tlm  a  S.'ibjc  ft  may  mhu  (tsc  a 
 wn  private  defence  ^lawfully  ward  off  the  Kings own  blows  y  and  hold  ku  hands  ,  in  cafe  '       ?* 
 
 ffudden  and  i/legalla£aultsy  much  more  then  of  malicious  3nd  premeditated:  but 
 fet  denies,  hemay  eitherwound  crki^H  htm,  and  that  trucly.  To  argue  therefore  from 
 Davids  example  and  words,  The  King  may  not  with  fafe  confeience  be  wittingly  flain 
 ly  his  fubje&s;  Ergo,  He  and  hisCavaleers  may  not  beforcibly  refilled ,  repulfcd  by 
 hem  forthcirown  defence  andprefcrvation,  isagrofleinconfequtnt  by  the  Dotlors 
 >wnconfc(Tioii. 
 
 Thirdly,rhercisnotrirrginaIl  thcfefpeecries^rthepraftife^or  inZ)4t//^3pertinentto 
 he  cafe  huli'pute;for  when  (c)  Davids  men  movedhim  to  kill  Saul,  and  wmld  haven-  (')  i  $ai*M*i 
 en  tip  again]}  himjofiiy  htmy8c  CD  avid  refuted  to  a£t,or  fuffcr  his  men  to  do  it;neithcr  *'t6  u%. 
 r,/fc/norany  ofhismend:d  actually  afXaukjDrff*^orhis  followers  ,  nor  (o  much  as 
 ncc  difcovcrthcm-.butSrf///  went  cafuallj to  cover  his feet  into  the  Cave ywhere  they  lay 
 id;  which  done, /^n?/*  upandwentouhu  way,  not  onceejpytng  David  (though  he 
 '*t  off  the  skirt  of  hi*  Robe  p'tvtlj)  nor  any  of  his  men  with  him.  To  argue  therefore, 
 phat  David  and  Ml  menmightnot  with  a  fafc  confeience  ftrctch  forth  their  handc 
 nd  rife  up  againft  their  Soveraingnc  king  Srf*/,to  kill  himthus  in  cold  blood,  when 
 eaflauhed  them  not,  nor  fo  much  a  s  thought  of  their  being  inthc  Cave,  and  went  out 
 fit  quietly,  noc  discovering  them  ;  €rgo,  thty  might  not ,  they  would  not  in  confei- 
 acehae  tenfled,  repulfcd  him,  or  h;s  Forces,  had  they  a  (faulted,  or  given  them  bat- 
 ill  in  the  Cave,  is  a  Non.fence  Conclufioii;  juH  In  effect  the  fame  with  this.  I  may  not 
 iC\[\  or  repulfc  one  who  afiaulrs  me  not ,  Ergo,  I  may  not  rcfift  one  that  actually  af- 
 mhs  meto  takeaway  my  life,  or  to  beat,  rob,  wound  me  :  What  Logick,  Rcifoo, 
 ,iw  or  Divinitie  is  tlerc  in  fuch  an  argument  ?  So  after  this  when  (^)%^^^/faid  to  (dyS&M.iO 
 pdvid,  God  hath  delivered  Saul  thine  enomietnto  thy  hand  this  day,  now  therefore  let  7't0K* 
 tefmite  him,  I  pray  thee, with  thefpear,evento  the  earth  at  once,  I  will  notfmite  him 
 ufecondtime  :  AndDwdfaidto  Abifhai,  Drftroy  him  not,  for  who  can  flretch  forth 
 is  hand  againft  the  Lords  /inoynted  (to  wit,  today  him  purpofcly,  as  jbifisiinttO- 
 cd  )  and  be  guilt  I? fie  ?  Trie  Text  is  cxprciTc ,  That  Saul  and  his  men  were  then  in  tlftir 
 wn'TrcnchesJaft  afeep9becaufe  a  deep  peep  from  the  Lord  was  fallen  upon  them ;  D.i~ 
 u/and  Abifhai  were  here  the  onely  affailants,  they  came  into  «j  auls  Trenches,  he  and 
 is  whole  army  were  in  fo  found  a  fleep}that  they  came  to  SahIs  own  perfon%took^away 
 *itls  them  his  Spear,  andtheCrufe  of  water  from  his  Bolft  errand  departed ,  oh  being 
 tee  difcertted;  No  manrcfifts,  aflaults,  difcovers  them.  To  ttiySaul  thus  in  cold 
 ood, without  any  affauk  or  prcfent  proyocation,and  cfr*cdally  upon  a  private  quar- 
 lll,  had  been  Treachery  andiropiety  inaSon-ia-Law,  a  Sejyant,  a  Subjrft,  aSoc- 
 
 ceffour  5 . 
 
p6  rhe  laTpfulneffc  of  the  Parliaments  neceflary  dcf-njhe  W<xrx 
 
 ceflour ;  raid  to  do  it  with  the  hazard  of  their  own  lives,  bad  any  of  Sauls  Army  been 
 awakened  at  the  ftrokc  Abifbai  would  have  given  him.  fas  probably  they  might  have 
 been)  they  being  but  two, and  within  theirencraie>Trenches,m  themi  ftor'the  Ar- 
 my,  whomighthavceafilyandfpeedily  (lain  them, had  beenrafhneiTc,  ir.difcretion  ; 
 their  dcparcurewitlnhe Spear  and  Crufcvvas  more  Her©icali,LoyalI,prudenr!nlI.  To 
 conclude  therefore,  as  our  Oppofites  do  from  this  (peech  and  example,  That  'David 
 thought  it  un'awfullin  point  of  Confciencc  for  him  or  Abijbai  to  mu  ether  his  S  »ve^ 
 raign  Lord  King  Saul,  when  he  and  his  men  were  tkus  fait  ifleep  in  the  midtt  of  their 
 Trenches,  offering  them  no  wrong,  making  no  a&uall  a  (faults  up™  them  •  Ergajt&y 
 could  not,  would  not  iuitly  with  fafe  conferences  hive  forcibly  defended  themfelvcs 
 againft  iSWtfld  his  Army,  had  they  been  adapted  bythemiuheir  own  Trenches;  is 
 a  trafcendent  abfurdity ,  refuted  by  the  very  next  words  or  David  ro  Abifiai  at  that 
 infant,  I  Sam.  26.10*  AndX$w\&  faid furthermore  %  As  the  Lord  liveth3the  Lord Jball 
 fmitshim^or hlsddy  (ball  come  to  die;  or  he  Jh.ill  DESCEND  INTo  8KTTELL 
 AND  PERISH;  which  intimates,  that  if  Saul  would  force  him  to  ub^tcell,  then 
 he  might  lawfully  defend  hhnfelf  againft  his  vol  nee,  tkoughhe  might  not  raurthec 
 him  no  win  his  deep,  when  he  did  him  no  harm;  andifhecafuaily  perifhed  inthebat- 
 teil>ic  was  Sauls  own  vvilfull  default,  net  his,  who  could  not  diflwadehimby  all  this 
 his  fair  carri?geand  fparing  ofhisiife,  (when  he  had  thole  t  *;o  advantages  to  (lay 
 himj  from  his  violent  profecution,  nor  yet  fuccced  him  in  the  Crown  (  %s  God  had 
 appointed  andforeto'd)fliou'dhe(ufferhim  romutther  him  and  bis  men  in  battel! 
 without  refiitance.  Yea,  D^z/iijesrneOneffetogo  with  hchifizaa  thj  Pbiliftmes  to 
 the  battcll  again(t&?»/,  wherein  he  penfked,  I  Sam .29  (  unteiiewe  will  taxc  Da- 
 vid for*  notable  Hypocrite  and  diflernbler)  unan(wcrabTy  cvidcnceth,'har  le  deem- 
 ed it  lawful  I  to  refill,  to  encounter  Saul  and  his  Forces  in  battell,not  withftanding  hii 
 pcrfon  m'ght  chance  to  penfla  in  the  fight,  though  not  to  flay  him  rrcacheroufly,  and 
 (i)iStm.i,  bafely  upon  the  precedent  advantages:  And  his  (laying  of tfeat  lying  (e)  hmale,^itl 
 who  brought  him  tydings  of 'Sauhteaxh  Reporting  that  himfelj 'had flam  him%  to  gain 
 a  reward  from  David  ,  he  being  then  one  of  *SW.f  fouldiers  ,  (a  i:  fejnas  )  concludes 
 ciwly,  that  it  was  not  lawful!  for  any  of  Sax  Is  own  men  tofhy  himt  by  his  own  com- 
 mand :  Njtthat  refiihoceof  himin  the  open  battell  was  unlawfulliri  point  of  consci- 
 ence* Other  anfwers  might  hegivencothis  Objection  concerning  David  and  Saul. 
 As  fi  that  this  difference  was  but  private  and  peribnall  between  <5Wand  T>avidfDa- 
 vid being  then  Sa^Is  private  iubje#,Servant,Son  in  Law  3  not  puM.ke  between  Saul 
 his  whole  Parliamentor  Kingdom ;  now  many  things  are  unlawfull  to  be  done  in 
 private  q uarrels,  which  are  111ft  and  honourable  in  pubhke  differences. 
 
 Secondly, that  David  himfelf,  though  hethus  iqrboreto  murther  Saul,  yet  betels 
 bi.n,  1  Sam*  2  a.  10,1 1,12.  This  day  thin?  eyes  have fe:n  how  that  the  Lerd  had '  dc/i . 
 vered  thee  to  dry into  mine  hand  in  the  Cave^andfome  bad  me  kill  thee ,  but  mine  eye 
 SPARED  THEE  ;  and  If  aid,  I will  not  put forth  my  hand  againft  my  Lord \  for  he  is 
 the  Lords  aniynted.  A4oreover,my  father  9  fee,  yea ,  fie  the  skirt  of  thy  Robeinmy  hand, 
 for  i  j  that  I  cut  off  the  skin  of  thy  Robe  andKlLLZD  THhE  NOT  >k«ow  thiuand 
 feejhat  there  is  neither  evill  nor  tranfgreffion  in  mine  hand*  and  1  have  net  finned  aga  vf\  |jv 
 thee  yet  thou  hunteji  my  foul  to  take  it.  The  Lord  judge  between  me  &  theeyandtheLorc\  tl 
 avenge  me  of  thee,  but  mine  hand  flail 'not  be  upon  thee  %and  plead  my  cauje  and  deltvet 
 me  out  of  thine  hand.  And  titer  this  upon  the  fecond  ad  1  antage,he  uicch  like  words  t7^<j 
 
 Lor& 
 
both  in  Point  of  Law  and  Confctence.  97 
 
 Lord  render  to  every  man  according  to  his  right  eouf*es&  faithf seines. for the  Lord  deli, 
 veredthc*  into  my  hard  to  d>:y  J htt  1 would  not  Jlretch forth  n?j  hand again  ft  the Lords  "  $»*#«  »3, 
 anointed.  Ad  behold  as  I HT  LIFE  WAS  MVCH  SET    BT  THIS  D  AT  ^ 
 JN   MT  STES%  fo  let  my  life  be  much  Jet  by  in  the  eyes  of  the  Lordy  and  let  htm 
 deliver  me  out  of  all  tribulation:  Wherein  David  declared,  that  God  had  given  up 
 Sauls\\\'t  into  bis  power,  that  it  was  hisownemecr  goodnefTc  that  moved  him  to 
 fparc  Saul  contrary  to  his  Souldtersf  and  %A^!haees  minds,  who  would  have  flam 
 him  without  any  fcruplf  of  confidence;  that  the  reafons  hefpared  him  vv:re:  Firft, 
 becaufc  he  was  Gods  Annrinted,  that  is  Specialty  defigned  and  made  King  oUfiraclby 
 Godscyjn  cle<5tion,which  no  king>  at  this  day  arc,&lb  this  reafon  extends  notfo  fully 
 to  them    as  to  S*uU    Secondly,  Becaufc  he  was  his  Father  and  lord  too,  and  fo  ic 
 would  have  been  deemed  fomewhat  an  unnatural  ad  in  him.  Thirdly,  becaafe  it  had 
 favoured  oncly  of  private  felf-rcvcnge  and  ambitious  afpiring  to  the  Crown  before 
 c'uetime,  which  became  not  David,  the  quarr ell,  being  then  not  publike,but  parti- 
 cular betwixt  him  and  David  onely ,  whowai  next  tofucceed  him  after  his  death. 
 Fourthly  ,bccaufc  by  this  his  lenity  he  would  convince  &  reclaim  S4*/fr6  his  bloody 
 purfuit,  and  cleare  his  innocency  to  the  world.  Fifthly,  to  evidence  his  dependence 
 upon  God  and  his  fpecialJ  promife  y  that  he  Jhould  enjoy  the  (frown  after  Saul  by  di- 
 vine  anointment ;  and  therefore  he  would  not  feem  to  ufurp  it  by  taking  Sauls  life 
 violently  away.  Moft  of  which  confederations  faiJc  incafes  of  publike  defence,  and 
 the  prc/ent  controvcrfie;  1  hirdly,  thatSrftf/himfelfe,  as  well  as  Davids  SouldiersJ 
 conceived,  that  David  might  with  fafe  confidence  have  flain  as  well  as  fpared  him; 
 Witncfle  his  words,  I  San  .24.17,18,  ip  Thou  art  more  righteous  then  Ufor  thcu  haft 
 rewarded  me  goo d%  whereas  I  have  rewarded  thee  evUl :.  A*b  thou  haft  /hewed  me  thte 
 day  how  thou  haft  dealt  well  m.h  me ;  for  af much  as  when  the  Lord  had  delivered  me 
 into  thme hand  THOV  KlLLEDST  ME   7{0T.    Forif a  man  finde  his  e*f- 
 my  WIL  HE   LET    HIM   GO  W&L    hPVKT  I   wherefore  the  Lord  reward 
 thee  good  for  that  thou  haft  done  unto  me  this  day,  &c.  And  in  I  .Sam.  26.  2  J.  Then 
 faid  Saulf  I  have  finned ;  returne  my  fonne  Davids  for  I -mil  no  more  do  thee  h^rm^  be* 
 eaufe  myfovle  was  precious  in  thine  eyes  this  day ;  behold  I  have  flayed  tbefool  excee* 
 dmgly,&c.  But  the  former  anfwers  arc  fo  fatisfia&ory,  that  1  ftiall  not  pray  in 
 ayd  from  thefe,  much  lelTc  from  that  cvafion  of  Df  •  Fern,  who  makes  this  tand  all  other 
 Davids  demeanors  ir.fi andmg  out  agatnftS*h\  (J)  EXTR  AQRDINhlfYyforhe  was  (/)  StUXfXl 
 annointtd  anddefigned  by  the  Lord  to  fucceed  Saul$  and  therefore  he  might  alfo  ufe  all 
 extraordinary  way es of  jafe^uarding  btsp'rfon;  which  like  wife  infinuaKS,that  this  his 
 fcruplr  of  confidence  in  fpanng  S  iuls  life  was  hut  extraordinary, (the  rathcr,becaufe 
 allhisSouldiers  and  hbijhai  would  have fiain  Saul  without  any  finch  fcruple9and  Saul 
 himfelfe  conceived, that  any  man  elje  but  David  would  have  done  is  •)  and  fo  by  confe- 
 q  uence  aclirms,  that  this  his  fparing  of  Saul  is  no  wayes  obi  gatory  toother  ftibjecls, 
 but  that  they  may  lawfully  in  Davids  cafe  kill  their  Soveraigns  •  But  Davids  refin- 
 ance of  S<**/ by  aguardofmcp,beingonly  that  ordinary  way  which  allfubjc£tsin  ;)1 
 ages  haveufedin  fuch  cafes,  and  that  which  nature  reacheth  not  oncly  men,  but  all 
 iiv.ng  creatures  generally  to  ufe  for  their  own  defence,  and  this  evafion  derogating 
 exceedingly  from  the  pcrfonallfafecy  of  Princes,  yca,andexpofingthcmtofuch  perils 
 as  they  have  caufe  to  con  the  Dr*fmall.thanksforfuchabad  invention,  I  lliall  reject 
 it  as  the  ^/^flr^;^rrfanficohhcDr.^oth?rloyalifts;void  both  ofcrath  and  loyalty , 
 
£8  The  lawfulneffe  of  the  Tarliamsnts  necefiary  defenfoe  JVar^ 
 
 Obj-cl.j.  The^ObieclionoutofthcO/dTcftamentischis,  i  Sam. 8.  n.  Samuel  tells  the 
 
 (yVf  f&h  people  ,how  theyfbould  be  oppreffed  under  kings  ;  yet  all  that  violence  and  injufiicethat 
 cfnfj*g  °t  fiml{X  be  done  unto  them,  is  no  juft  caufeofrefiftance :  for  they have  NO  RBMEDT 
 s'a:*"£'lo.  LEFT  THE**  WT  CR?ING  T0  THE  lORW*  *  18.  tsfnd je fb*U cry 
 And  Qtiitn.    "  ***  « that  day  becaufe  of  the  King  which  jejhatt  have  chofenyou,  and  the  Lord  will  not 
 
 hear  yon  in  that  day. 
 
 Jfwer*  To  this  I  anfwer  I. that  by  the  Do&ors  own  confeffion,  this  text  of  SamHel,rm}ck 
 
 urged  by  fome  of  his  fellow  s,to  prove  an  abfolute  divine  Prerogative  in  King^is  quite 
 
 contrary  to  their  fugged  ion  ;  and  meant  onely  of  the  oppreJfion%  violence ,  andinju* 
 
 ( not  la  wfu  11  po  wer)<?/ 'Kings ,which  fiould  cau/e  them  thuu  to  cry  out  toCod  This  truth 
 
 we  have  clearly  gained  by  this  obiedtion,  for  which  fome  Rcyalhfts  will  renounce 
 
 their  crnmpion*  2.1c  is  but  a  mccr  faliacie  and  abfurdrty  not  warranted  by  thcTe*tj 
 
 which  faith  not,  that  they  fi*U onely  cry  out ;  or  that  theyjball  ufe  no  remedy  or  rejtft* 
 
 once,  but  crying  out ;  which  had  been  material!,  but  barely,  ye  Shall  cry  out  in  that 
 
 day%  &c.  Ergoy  they  mutt  and  ftiould  ouciy  crie  out,  and  not  rcfift  at  all ;  it  a  grofit 
 
 Non-p-qaitHrz  which  Argument  becaufe  much  cryed  up,  I  (hall  demonttratothe  pal- 
 
 pable  abfurdity  of  it  by  many  parallellihftances.    Firft ,  Every  Chriftian  is  bound  to 
 
 pray  for  Kings  and  Magiftrates,\Ttm.2.l,*.  Ergo,  they  muft  onely  pray  and  not 
 
 fight  for  them,  nor  yccld  tribute  or  obedience  to  them  :  Kings  and  their  Subjects  top 
 
 n\  Emj  Ure bound  to  crie  out ,aml pray  to  god  againft forraign  enemies  that  come  to  warayyunfi 
 
 (i)P/k.?9.'i,to  them,  as  (h)  Mofes  dtd againft  Pharaoh  and  his  Hoft,  (i)  David  againfi  his  enemies  9 
 
 andotber  pfat.  (k^)  Hezckiah  4gv»#y?  Sennacherib  and  his  Hofte,  (I)  Afa  againft  hid  enemies,(m)  A- 
 
 (!()  i  Chron.ii.  bijah  and  the  men  ofludah  againfllztobozm  and  the  Israelites  their  enemies  •  and  as  all 
 
 rn  *cirog' l9  ^driftians  "f"«Wy  do  againft  their  enemies.  (  Yca,Iti>ake  no  doubt  but  the  Do8or,znd 
 
 9  9.toi™'  H  otncr  Courr-Chaplains,  inform  hisMajefty  and  thcGavalIcers,that  they  muft  cry  to 
 
 (m)icbrojtti$  Cod  againft  theParliamenteersand  Roundheads  now  in  Arms  to  rcfiftchem;)  .Er^, 
 
 i4,k,i6.        they  muft  onely  pray,  but  in  no  wife  rcfift  or  fight  againft  them  ;  AH  men  muft  pray  to 
 
 (n)Mat.u.ii.  g0£  for  their  (n)  daily  bread :  Ergo,  they  muft  onely  pray  and  noc  labour  fork;  Sic^ 
 
 i«r  ^T 5  '**'    ^o)perfons  muft  pray  to  Godtorefiore their  health  Ergo,  they  muft  take  noPhyfick, 
 
 ( /)  v'fdt.so'*  5  ^ut  onely  pray;  All  men  arc  exprefly  commanded  to  (p)  erie  and  cull  upon  god  in  the 
 
 day  of  trouble, Ergo  t  they  muft  ufe  no  meanes  but  prayer  to  free  themfelvcsfrom  troa- 
 
 blej  pretty  Logick,  Re  »fon,  Divinity,  fitter  for  dcrifion  then  any  fcrious  Anfwer. 
 
 This  is  all  this  Tex:  concludes,  and  thatgrofly  miftaken  Speech  of  Saint  lAmbrofC) 
 
 Chriftians  weapons  arc  Prayers,  and  Tears ;  of  which  anon  in  its  due  place.     In  one 
 
 word,  prayer  no  moreexcludcs  refiftance,  then  refiftance,  prayer;both  of  them  may, 
 
 andfomctimes  (  when  defence  is  necefiary,  as  now,)  ought  to  concurre;  fo  that  our 
 
 Court  Dofforsmayas  well  argue,  (as  fome  Prelates  not  long fince did  in  word  and 
 
 *  M  atth  J.1.J3*  deed,}  Mimfters  ought  to  pray,  andGods*  Houfe  is  an  Oratory  for  prayer :  s2rgofthey 
 
 muft  not  y^vrfc^fatleaft ,  \  ery  feldorn)  *  or  make  his  Houfe  an  Auditory  for  Preachtng : 
 
 Or  as  rationally  reafon  from  this  Text,  That  Sub/efts  muft  cry  out  to  God  againft 
 
 their  kings  opprcfilon^,£r^,  they  muil  not  petition  their  Kings,much  letfccomplain 
 
 to  their  Parliament  for  relief;  as  conclude  from  thence;  Ergo,they  may  in  no  cafe  re- 
 
 Otjett.9.       fift  the  king,  or  his  invading  Forces,  though  they  indeavour  to  fubvert  Religion, 
 
 (q  mFerre,     Laws,  Liberties,  as  the  Dollar  hiuifdfflatesthecontrovcrfie:  whofe  arguments  will 
 
 '  'if ifjl     hardly  fati>fi  t  confcicnce,being  fo  yoyd  of  reafon,  fence,yea  fcience. 
 
 Cenfcicme,  Theeighthis  this,  {of)  None  of  the  Prophets  in  the  old  Testament, reprehending  the 
 
 Kings 
 
both  in  Point  of  Law  and  Con(cience.  £9 
 
 Kings  of IfYdtl  and  lucUU  for their groffe  Idolatry,  cruelty ,  opprcffion,  did  call  upon  the 
 
 Elders  of  the  people  for  tj^e  duty  ofrefi  (lance;   neither  do  wefndi  the  people  refitting,  or 
 
 taking  up  Arms  a^ainfl  any  of  their  kings  %no  nut  again fl  Ahab  or  Man3ficb;/*/ on  any  of 
 
 thefe  grounds:  WtfO^refflance  is  unlaw  full. 
 
 To  which  I  mult  reply,  firft,  That  none  of  the  Prophets  did  ever  forbid  refinance  Anfw>  u 
 
 in  fuch  cafes,  under  pain  of  Damnation  ,asour  new  Doclorsdonow ;  Ergo  ,  itwas 
 
 lawful!,  bee  a  ufc  not  prohibited. Secondly  >that  as  none  cf  the  people  werccheninhibi-  2.* 
 
 ted  to  refift/o  notdehortedfiom  it:  dicrcfore  they  might  freely  have  done  it, had  they 
 
 had  hearts  and  zeal  t©  do  it.    Thiid 'y,  *  lofepbustzColves  t*prQ(\)',Tbatby  the  very  ^      „3« 
 
 Law  of  god,  Dcuter.!7.  If  the  King  did  contrary  to  that  Law \  multiply fidver ,  gold \  *A*UW''  ll^' 
 
 andhorfesto  himfelf \n.oretben  was  fitting^  the  Ifr* elites  might  lawfully  refiftbtmy  A'C'  ' 
 
 and  were  bound  to  do  it ,  to  prefer  ve  themfc  Ives  from  Tyrannic,    Therefore  no  doubt 
 
 they  might  ha\  e  lawful  lyre  fitted  «heir  Kings  Idolatry,  cruelty  oppicffions.  Fourthly,  4- 
 
 q  Hulderichns  Zumglius ,     a  famous  Protcftant  Divine,  with  others,  pofitiydy  af-  W **&**• 
 
 firms,  That  the  Ifraelttes  might  not  onely  lawfully  reffijut  likew,fe  defofe  their  Kings  rJmJom^ 
 
 for  tbetrwicleedneffes  and  Idolatries-;  yea,  That  all  the  people  were  jufily  punifhcdby 
 
 God, becaufe  they  removed  not  their  ft  igtttom  %  idolatrous  Kings  and  'Princes  out  of 
 
 their  places, which  he  proves  by  Ierem  1 5  ♦  where  after  the  four  Plagues  there  recited, 
 
 the  T>rophct  Jubjoynes  the  caufe  of  them,  fay  in gy  Verfe  4.  /  will  give  them  in  fury  to 
 
 .all  the  Kingdoms  of  the  Earth,  ft  hit  w,  I  will  ftive  up  in  fury  ail  the  kings  of  the 
 
 earth  againlt  them  )  becaufe  of  Maoafleli  the  fon  o/Hezekiah  kingof Utdah  %  for  that 
 
 •which  he  did  in  Icrufalcn.     This  Ma  na  (Teh  had  committed  many  wickjdnejfes  by  Ido- 
 
 (atrie  and  the  Jleddtngvfinnc  cent  bloody  as  we  may  fee  in  the  one  and  twentieth  Chapter 
 
 of  the  fee  ond  of  the  Kings  \  for  which  ev  ills  the  Ltrd  grievoyfiy  f  unified  the  people  of 
 
 Ifrael :    Manafleh  (he-d  overmuch  innocent  bloody  unttllhe  bad  fitted  lerufulem  even  to 
 
 the  month  i  with  his  fins  wherewith  he  made  Judah  tofinne,  that  it  might  do  evtll  before 
 
 the  Lord:  Therefore  becauJelAm>fie\\  King  of  ludah  did  thefe mo ft  vile  abowinati- 
 
 ons,  above  all  tb*t  the  Amorites  had  dene  before  him,  and  made  the  Zand  of  Judah  to 
 
 fin  in  bis  undeaneffe  ,  therefore  thus  faith  the  Lord  Godof  Ifrael,  Behold  \  I  wt'l  bring 
 
 evill  upon  Ierufalemandludab,  that  whoftver  fiall hear y  both  his  e.irsfiall  tingle \  crc. 
 
 In  fummeyiftke  lews  badnot -thus  permitted  their  King  to  be  -wicked  WlTHoZJT 
 
 PVN1S1WENT  ;  they  bad  not  beenfogricvoufy  pumjljcdby  God.  We  ought  to  pull 
 
 and  caflaway  even  our  eye  that  offends  Jo  a  hand  andfoct^&c.Ifthe  Ifraelttes  had  thus 
 
 DEPOSED  ManalTeh  by  confent and fuff rages  of  all \ot  the greateft  partoj  the  main- 
 
 t*de9tbey  had  not  been  fogrievoujlf  puntfied  of  Cjod,    So  Zuinglitu  ^  with  whom  even 
 
 •(ffi.Bilfon  himfelf  in  fome  fort  accords,  who  in  def  ending  &  interpreting  hfj  opinion,  (/SjltoPfil 
 
 ConfelTeth,  That  ith  a  que  ft  ion  among  th*Learned,  what  Soveratgnty  the  whole  peoplg  of  the  True 
 
 of  Ifrael  had  over  their  Kings-,  confejftng,  that  the  peoples  refining  Ionathan  that  he  Di&tfcice  **-•'• 
 
 eked  not, when  Saul  wouldluiVcputhimto  death, (u)Da.y\d$$eecb  to  the  people  when  he  twecn  cJrir'i 
 
 Ofifubiccl'iM, 
 
 VED  TO  THEMSELVES    SVFFIC1ENT    AVTHORITY    TO     OVBR.OjW, 
 RVLE  THEIR  KING,  IN  THOSE   THINGS    WHICH    SEEMED    EX- 
 PED1BNT  ANP  NEEDFVLL  FOR  THE  PVBLIKg  WELFARE  ;    eifi 
 "—         f  g.a-  ~  GeA 
 
ioo  The  lawfulncjfc  of  the  Tarliamems  necefiary  defence  War, 
 
 godwouldmt  pnnifh  the  people  for  the  kings  iniquity twbicb  they mu0fujfer  ,  and  not 
 redrejfe.  Which  opinion ,  if  as  Onbodox , as  thtfc  learned  Divines  and  Iofephus  averre 
 it,  not  oncly  quite  mines  our  Oppofites  Argument,  but  their  whole  Trcatifcs  and 
 caufc  at  oncc#  But  fiftly  Janfwer,  thatfubk  fibs  not  oncly  by  command  of  Gods  Pro- 
 phets, but  ot  God  himfclf,  and  by  hisfpeciall approbation  have taken  up  Arms  againty 
 their  Idolatrous  Princes, to  ruine  them  and  their  Posterities:  A  truth  fo  apparent  in 
 Scripture,that  I  wonder  our  purblindc  DoHors  dilcern  it  not  .•  For  did  not  God  him- 
 fclf, notwithstanding  hisfrequcnt  ("conditional!)  promifes  to  cjtablifh  the  Kingdom  of 
 (t)  i  Ying.  n.  Ifrael  on  David,Solomon  andtheir  Foficrity  ;  for(z)  Solomons grojfe  Idolatry  (oc- 
 i.*Mo.  cafioncdby  his  Wives)  tU  Solomon  in  expre^e  terms  ?  Wherefore  for  as  much  asihU 
 
 4s  done of 'thee ,andtbouhaft notk*$t my  Covenant  and  my  Statutes^  which  I have  com- 
 manded thee  J  viHfsirelj  REND  THE  KING  DO  Ad  FROM  THES%andwill 
 give  tt to  thy  fervant. Notwithstanding  in  thy  days  I  will  not  do  it  ,for  David  thy  fa~ 
 thers  fake  i  hut  I  will  rend  it  out  of  the  hand  of  thy  [on.  Did  not  the  Prophet  sAbijah 
 in  pur  futnee  hereof,  rending  leroboams  jatment  intatweive  pieces,  tell  bim  >   Thus 
 faith  the  Lord,  the  god  of  Ifrael, behold^  I  will  vend  the  Kingdomoutoftheba*dof$a- 
 lomon ,  and  will  give  ten  tribes  to  thee;  *And  IwiH  take  the  Kingdom  out  of  his  font 
 hand,  and  will  give  it  unto  thee,  even  ten  Tribes ;  and  I  will  take  thee ,  and  thou  [halt 
 reign  according  to  all  that  thy  foul  dejtrctbf  and  Jhalt  be  King  over  Ifrael;  and  I  wii 
 (a)iKing.\%.  forthis afflitl  theSeedofD avid. (v)Yea,did not  ALL  ISRAEL  upon^/<?wo«/dcatht 
 iCbr.iQ*         when   Rehoboam  his  fon  itfufed  to  grant  their  iuft  rcqueHs  at  cheir  coming  to  Se- 
 chem  to  make  him  king,  ufc  this  fpeceh  to  the  king,  what  Portion  have  we  in  David  ? 
 neither  have  we  inheritance  in  the  fon  oflzfe  %  to  your  Tents  9  Ifrael :  w>T9  fee  to  thine 
 own  houfe  Dwd*  Wfiereupon  they  departed  and  fell  a  way  from  the  houfcof  Davtd 
 ever  after,  and  made  fereboamKing  over  all  Ifrael.  And  doth  not  the  Text  directly 
 affirm  /  Wherefore  Rehoboam  bearkjednot  unto  the  people,  for  the  cufe  wufromthe 
 Lord,  that  he  might  perform  the  faying  which  the  Lord/pat^  to  Abijah  unto  leroboam, 
 thefonofNzbrt*    After  which  when  Rehoboam  raided  a  mighty  Army  to  reduce  the 
 ten  Tribes  to  obedience^  the  Wordof  the  Lordcameto  $hemaiahr£f  manofGcd ,  fay* 
 in%,Speaicunto  Rehoboam  and  all  the  houfe  of  lufah  and  Benjamin  ,  Thus  S  A I T  H  . 
 TH  E     LORD,    Te  /hall  not  go  up  to  fight  againflycur  brethren  the  children  $flfrael% 
 return  every  man  to  his  houfe  ^    F  O  R  THIS   THING  IS    FROM  CME ;  They 
 hearted  therefore  to  the  wordof  the  Lord  and  returned  to  depart  ,   According  to  tht 
 word  of  the  Lord.  Loheie  a  Kingdom  quite  tenta  */ay  from  the  very  houfe  of  1>4- 
 vid ;  yea,  a  new  King  and  kingdom  erected  by  the  Pcoplc,by  Gods  and  his  Prophets 
 fpecial!  iiit&h  r^and  approbation,  for  KingSolomons  Idolatry  .Who  is  fuch  a  Gran- 
 ger to  the  facred  Story,  but  hath  oft-times  read,  how  God  anoyntcd  Iehu  King%  of 
 pwpoje  to  extirpate  indent  off  the  whole  houfe  of K.Ahib  his  Lard  for  bus  and  Iezabelf 
 Idolatry  zndblood-ficd^in  ft  yingthe  Prophets,  and  unjufily  executing  NaSoth/tfr£/> 
 Vineyard  ?  in  perfornmnee  whereof  he  fliwhis  Soveraign  King  Ioram,  Ahaziah  King  of 
 luddy.y  Queen  IcZ-bel,^  Ahthspofterity  %his great  men yhts  Nobles }andalltbc  Priefis 
 and'<VQrfhipp'.rs<>fV>\*\,  till  he  le[t  none  remaining,  according  to  the  wordof  the  Lord 
 wbiebbc  /pake  by  h'4f<rVant  Elrah,  2  Kings  c  %  9.  C^io.  For  which  goodie*' vice  the 
 Lordfjidumo/#£*,  Becahfe  THOV  HAST  DONE  WELL  in  executing  that 
 which  is  ri?>>t  ixtotn  eyes \and haft  done  unt 0  thchonfe  e/Ahab  according  to  all  that  was 
 JN  MIN€  HE  ART/hy  children  of  the  ^.generation %fhalt fit  09  the  Thron  of  Ifrael. 
 
 This 
 
both  in  Point  of  Law  an4Co*fcienc*.  i  C  * 
 
 Thi*fa&  therefore  of  h;s  tbusfpecially  comtmndcd^pprovcd^ewardcd  byGoilhnn- 
 felf  muft  needs  be ju(t  and  lawfulJ,  not  rrcafon,not  Rebellion  in  lehu  ,  unlcife  the 
 Oppofites  will  charge  God  to  be  the  autho^approver^nd  rcwarder  of  fin,ot  frcafon. 
 
 Neither  will  kferve  their  turns  to  Reply,  that  this  was  an  extraord.nary  trample    Evtpin* 
 notcobe  imitated  withotu  fueh  afpccialJcornmifllonfrofnhciv^njas /o-/6/<  had,  and   ^NT4 
 no  maa  can  now  a  dayes  cv peer ;  For  finceGod  huhfre-jHoitlj  injoyned  all  gr ffe  ^vj^l?* 
 incorrigible  Idolaters  (cfpecially  thofc  who  arc  ncarcft   and  dcaicft  to,  and  mo(i  t  *  ■  ^ 
 potent  to  feduce  if    tobeput  to  death  ^without  any  pittj  y  or  exception  if 'Kings  ,  whofc 
 c.vamples  are  molt  pcrniciois,  andaptto  corrupt  the  whole  Nation,  as  the  prtii- 
 dents  ofchc  Idol  a  Ci'ous  kings  oflfraelwd  ludah  abundantly  evidence  )  if  Kings  be- 
 come  open  protended  Idolaters,  though  private  pcrfons  may  not  murther  them,  and 
 their  families  a*  [eh#;  yet  the  representative  body  ,or  greater  part  ofthcir  Kingdoms, 
 (as  many  Pious  Divines  affirm)  m3y  lawfully  con  ventjdepofe,  ir  not  judge  them  ca- 
 pitally for  it :  and  Gods  putting  zeal  and  courage  into  i  h.ir  hearts,  or  exciting  them 
 by  hiifaithfullMinidtrs^olLich  a  proceeding,  is  a fuhScient  Di vine  CommifTion  to  fa- 
 tisfieConfcieace.ifnofinirter  private  ends,  but  mcer  zeal  ofGodsclory,  and  deteita- 
 tioa  of  Ilolatry  be  thconely  Motives  to  fuch  their  proceeding*,  (rjThiuweread^God    i  .   - . 
 ftirredup  Bzzcht^exaltedout  of 'the dttft,  And  made  him  a  Prince  ever  thehoufeoflf-    i*(§  '*  ^ 
 raii%  who  flew  king  Nadab,  and j mote  all  the  houfe  of  Jeroboam,  till  he  left  him  not  any    %+, 
 that  breathed,  becaufc  of the  fins  of 'Icrcboam  which  he  finned  ^.nd  which  hemade  Ifrael 
 /in,  by  hi*  provocationwherewtth  he  provoked  the  Lord  God  of Ifrael  to  anger ;  who  go-    (rf)r  ty'ajt  t#, 
 ingonafterin  ieroboamsbns>Gs  d  threatens  to  cut  of all his  houfe  f  andmakeit  Itk*  the    tj*1** 
 houfe p/Ieroboam  ;  which  was  actually  executed  by  Zimriy  who  flew  his  Sovcr aign 
 King  £/#*£,  fon  to  Baacha,  with  all  the  houfe  of  Such*)  and  left  not  or.e  that  piffed 
 ao-ainft  the  waU, neither  of  his  ki\nsfclki%nor  of  his  friends,  according  to  thensrdofthe 
 Lor  d  which  he  (pake  agawft  Baacha/jr  Ithu  the  Prophet.  Which  aGtofZi'w/,  though  a 
 jult  judgement  in  iegard  of  God  ,  on  the  family  of  Baacha  for  their  Idolatry  9  was 
 notwithstanding  tepu  ted  7V<r*/<>*  in  Z«wr#,becaufe  he  did  ic  not  out  of  Confc  ence  or- 
 deal againlt  Idolatry,  being  ,  and  continuing  an  Idolater  himfelf;  but  oncly  out  of 
 ambition  to  ufurpthe  Crown,  without  the  peoples  confent ;  whereupon  all  the  people 
 wa^Omri  K*»g>  and  then  going  all  to  the  R^yall  Palace,  fit  it  on  fir r,  and  burnt  Omri 
 in  it,  both  for  ha  fins  ^idolatries  yand  Treafon  which  he  wrought.     We  read  eArprtfly,    *  >t  f ,_ 
 (e)  that  after  the  time  that  Amaziah^*W  turn  awa) (from  following  the  L>rd,  they  {  of    vflfLt  Ctji 
 this  )  confpired  d  confpiracie  a^awft  him  in  lerufalem,*  tdhejledto  Lachifh,  cut  they    6.  i  K'^-M*  ' 
 fent  to  Lachifh  after  him,  and  flew  him  there  ;  and  they  brought  him  upsnhirfes  ,   Mttd    l?£*k*lAxd 
 
 ifrephis  Covenant  ^otherw  if e  if  they  did  wickedly  for/ake  himt  or  commit  idol  try  t  he    if,*?*^?*! 
 would  deftro  j  yfcrpikc^ndciifl  them  and  their  feed  off frvm  being  (*)  Kings.    W    en    *9,  J  ti6.u 
 therefore  they  apparently  violated  the  condition,  the  whole  Scstcsr.drco^Je  1   Gtd     <*">/*>  d  w;tk 
 Inflrumcnts,lawlullymight,andfoiLeti{r*cs  didbyGeds  fjjccialldiic-clien  ,  ren  ir- 
 
 N  3 
 
 r*"'ov     .:***. 
 
io2  The  lawfulness  of  the  Parliaments  necejfarj  defence  W*r> 
 
 (gnKingiz. 
 
 depofe,  and  fomctimcs  put  them  even  to  death  for  their  groffe  iniquities,  and  idola- 
 tries •  and  when  they  did  it  not,  it  was  not  (as  many  think )  for  want  of  lawful!  Sove- 
 raign  Authority  remaining  in  the  whole  State  and  people,  (  as  I  (hall  fully  manifefl  in 
 the  Appendix)  but  out  of  a  defect  of aeal,  out  ofzgenerall  complying  with  their  Kings 
 in(g)  their  abominable  idolatries  and  fins, which  brought  War  jffaptivity ,  mine,  both 
 3  o.c.i 5. 33.  3*  on  1^  Kings ,  their  Pofteritiey  the  whole  Nation  and  Kingdoms  of  ludah,and  Ifrael, 
 luTtbVZul'  **  the  S*mA  Story  plentifully  relates.  All  which  confidered,  this  ob/e&on  proves  not 
 vf)cl)%z,zKjng.  oncly  faife,butfacalltotheObie&orscaufe,  who  might  with  more  difcretion  have 
 t.i.totbeend    forborn,then  forced  fuchananfwertoit,  which  I  hope  and  defirc  no  private  perfons 
 *f*.ij.  1  cbro.  vvill  abufetoiuftifie  any  dinoyalty,fcdition,Treafon,RebcllionJor  taking  up  of  Arras 
 )mlo7  ****"    a8ain^  their  lawful!  Princes,  though  nererfoevill,  without  the  publike  confent  and 
 ',Z4*      authority  of  the  rcprefentative  bodies  or  major  part  of  their  fcverall  Realms,  by  a  (Ted 
 with  no  finifter  nor  private  rcfpec*b,butaymingonelyatGods  glory#ind  the  publike 
 Yveale^ecurityjpeace  of  Church  and  State.   Thus  much  in  anfwer  to  the  principal! 
 Objections  out  of  the  OldTeftament. 
 
 The  ninth  and  mod  materiall^Obieclion,  on  which  our  Oppofites  principally 
 reliefs  that  noted  Text  in  the  new  Teftament,  Rom.  \  3.1,2.  Let  every  foul  Be  fubjeU 
 unto  the  higher  Powers,  for  there  is  no  Power  but  of  God  ',  the  Powers  that  be3are  Ordai- 
 7vl*re.  The  nt-  ned  of  God,  who fo  ever  therefore  reftjieth  the  To  rver,  reffteth  the  Ordinance  ofGod9*nd 
 ccjfitie  of  chri-  tfay  t^at  refft,fhall receive  to  themfelves  damnation  J Tom  whence  Dr.  Fern  concludes, 
 
 Orf!rTiil'  *'  Thdt  the  K%n&  * the  Su?reme  Qr  HigW  Po™r  here  intended.  iThat  all  perfons  vn- 
 "  der  the  Higheft  Power  are  expreffely forbidden  to  re  ft  ft.  3  That  in  thofe  d  tyes  there  was 
 a  ft  ending  and  conttnuall  great  Senate^  which  not  long  before  had  the  Supreme  Power  m 
 the  Roman  Statey  and  might  challenge  more  by  the  fundament  alls  of  that  State,  then  our 
 Cjreat  CounceH  will  or  can .  But  now  the  Emperour  being  fupremey  at  S.Petcr  calls  hirn^ 
 or  the  Higher Power  ,^  S.Paul  here ,  there  is  no  power  ef  rep ftance  left  to  any  that  are 
 under  himy  by  the  Apift/e,  4  Was  there  evermore  caufe  ofreftftan&then  in  thofe  dayesf 
 Wer  e  not  the  Kings  then  not  onelj  conceived  to  be  inclined fo,  and  fo, but  even  a&ually  to 
 be  enemies  of  Religion^  had  overthrown  Laws  andLiberties}  And  therefore  ifanyjbould 
 from  the  Ap&Jllcs reafons  that  hegizrs  agtinft  refftance in  the  3,4,5 >  rerfes,  frbrRu- 
 lersarcnota  terror  to  good  work*,  but  evil),  and  he  is  the  Milliter  ot  God  to  thee  for 
 goody  rp?ie, That  R.nl;rsfo  long  as  they  arenjt  a  terror  to  the  goo  d, but  mini  ft  ers for  our 
 good  j  are  not  to  be  re f fled  •  the  conR deration  of  thofe  times  leaves  no  place f or fuch  ex- 
 ception >becaufe  the  Powers  then  (which  the  Apoftle  forbids  to  refift)were  nothing  fo%  but 
 fubvertcrs  of  that  which  was  good  andjuft.  The  Emperors  did  then  indeedrule  abfolutc*- 
 Ijand  arbttrartly,which  fhould  have  according  to  the  Principles  of  thofe  dayes  beeue 
 afirdngtr  motive  to  refift*  But  how  did  they  make  themfelves  of  Subjects  fuch  ab- 
 flute  Cfrronarchs  ?  was  it  net  by  force  and  change  of  the  Government  ?  and  was  not 
 she  right  of  the  People  and  Senate  (according  to  the  Principles  of  thefe  day  is) 
 good  again Fl  them ,  with  as  much  or  more  reafon,  then  the  right  of  the  people 
 oftkisLandisagawfttheSuccejfion  of  this  Crown <9  defc ending  by  three  Conejuesls  ? 
 5.  The  prohibition  doth  not  onely  concern  Qhriftians  ,  but  all  the  people  under  thofe 
 Emperors  ^and  not  oncly  Religion  was  per fecuted, but  Liberties  alfo  loft,  the  people  and 
 Se;.  ate  were  then  enfaved  by  Edit} sand  Laws  then  inforce don  them ,byNcto  and  other 
 Roman  Empcrcurs,yetnotwithftanding  the  Apoftle  prohibits  them  to  refift.  By  all  which 
 <&r>(ctc'AQ£  will  churl) [fee jt  can  hsTPenowarrattt  in  Scripture for  refiftance}  to  wit9  of 
 
 the: 
 
 Object.^* 
 (h)  Dr  Feme, 
 
 1*  andeife* 
 
 Oxford,  1^43, 
 appeal  to  tip 
 tonfclence, 
 1643.  The 
 Lords  Anoliu 
 ud,  Oxford, 
 7*43,  with 
 ethers* 
 
both  in  Point  of  Law  and  Confcience.  r  o  7 
 
 the  Kuxg^  or  bu  invading  Forces^  by  way  ofnecejfjry  defence.     So  the  Do&ors  and  o- 
 tber  Obj:3ors  hence  conclude. 
 
 Togivcafatisfadory  Anfwortothisgrand  Ol  j:ftion  ,  I  fhallin  the  firftphce  in-  Anfw. 
 quite,  whether  there  be  anything  in  this  Text, prohibiting  fubjeRs  to  refifi  with  Force 
 the  Armed  unjufi  violence  of  their  Princes  per/ens  or  tnflrumentsye(petially  when  they  are 
 bint  to  overthrow Reliiion%  Laws^Ltberttes/be  F^pHblikcyand  turn  profejftd  Tyrants? 
 And  under  correction, I  conceive  there  Is  not  the  Jcaft  fyllable  or  fhadow  in  this  Tc.rt 
 for  any  fuch  inhibition,  a<  is  pretended.  Not  to  infill  upon  the  words higher  doners 
 odaintd  of God  >&c*  which  extend  not  unto  Tyrannic  and  illegal!  e.vorb  tant  op- 
 preflior  s,  ot  which  hereafter ;  I  ftiail  deducemy  firli  Dcmonftrations  to  prove  this  ne- 
 gative Adertion/rom  thcoccafion  inducing  the  Apoftle  to  infert  thefc  objected  Verfcs 
 intotbi»EpiiWc:(0£r  ff^'rm"'''7^  Ifriall  (K^xrolri  ctrtu 
 
 mention  onely  the  three  moft  probablc^moft  received  of  them,  and  apply  them  as  I  go.  men^on^9m* 
 
 Fkft,  the  Reman  Magiftratcs  being  then  infidels,  the  new  converted  Chriftians  o^j^T 
 among  them,  cither  did,  or  might  take  thcmfelvei  to  be  wholly  erempted  from  any 
 fub/edion  orobedienccto  them  ,rcpntwgit  a  great  incongruity  ythat  Chnfitans  fhould 
 owe  any  fub jell  ion  to  Pagans :  To  refute  which  error, the  Apoftlc  informs  them,  that 
 though  the  Magiftratcs  thcmfelves  were  Ethnicks,  yet  their  Authority  and  Power  wot 
 from  Godhimfelf)  therefore  their  profeflion  of  Chriftianitie  did  rather  oblige  them 
 to,  then  exempt  them  tVomfub/e&ion.  Thus  Haymo  Sotoy(^alvin,Gttather3  Mario* 
 r*t,  Wtller §  Parent ,  with  others  on  this  Te#t.  Turn  this  Reafon  then  into  an  Argu- 
 ment,and  it  willbc  bur  this  No-fequitur*  G  hri  ft  lanity  exempts  not  fubie&s  from  due 
 obedience  to  iui  P  .gan  Magiftratcs,  ^ri°y  Tyrants  may  not  be  refifted^either  ought 
 the  Parliament  and  their  Forces  to  refill  the  Kings  Cavallccrs  un/uft  ailaults  -  as  the 
 cafe  is  formerly  rtatcd.  Pretty  Lo£ick,and  Divinity* 
 
 2V  The  Gaftlonites,  as [k^lofephm  records,  with  other  \t\y%,ht\t\g  Abrahams  feed,  ft)Antiqu,irfi, 
 held  it  unlawful!  for  them  to  yeeld  any /«£jf#/0«0r  *?-/£#/*  to  the  Roman  Emperors,  i.ifa.i** 
 er  other  Heathen  Princes  y  reigning  over  them ;  whereupon  they  demanded  thisquc- 
 flionofChrifthiinfelf,  Is  it  I  aw  full  to  pay  tribute  to  Cafar.?  Matth.  1 2*  which  error 
 perehance  fprcad  it  fclf  into  the  Chriftian  Church,  by  reafon  of  Evangelicall Libertie9 
 grounded  onleh.Sjftbe  Son  [hall  make  you  free ,  then  ar eye  free  indeed;  Mat,  17 mTheg 
 are  the  Chillrenfree ;  and  RoJb,We  are  not  under  the  Law,  but  under  Qrace.  To  refdl 
 this  miftake,  the  Apoftlc  infer  ted  thefe  paflfages  into  this  Epitile;  Thus  Soto,  Calvin, 
 /,<r/<T^/rfrf;r>rf77/^,andothcrs.Whencenoth!ngbut  this  can  be  properly  concluded, 
 Neither  the  Prerogative  of  the  Icws,nor  Liberty  of  Christians  exempts  them  from  due 
 fub/cc^iontoliwfullheatheiiMagiftraies^ccaui'etheyarcGodsOrdinance^r^,  No 
 Sub;c&scan  with  fafc  conlcisncc  defend  themfdves  in  any  cafe  againft  the  un/uft  in- 
 vafionsof7"yrannicall  Princes  or  their  Armies.  A  palpable Inconfequent. 
 
 Thirdly,  the  Apoftle  having  formerly  taught,  (  *  )  that  Qhrtfuius  might  not  avenge  (*)Kom.ntff, 
 themfelves.kft  fome  might  have  inferred  thereupon  (as  many  *Anabaptifts  have  done)  *  0  [under. 
 that  it  was  notlawfull  for  Chriftians  to  ufe  the  Magiftratcs  defence  againft  wrongs,  £nekir>"**- 
 nor  for  the  Magiftrate  himfelfto  take  vengeance  of  evill  doers  :   To  prevent  this  the  SSjfft 
 Apoftle  argucs,That  the  Magiftrates  are  Gods  Minifters  ,   appointed  by  him  to  punifi 
 Md/efaftorSyand  take  vengeance  cnthem.  So  Gualther9fVtllet9  and  others.  To  con- 
 clude from  this  ground:  OpprclTed  Subjects  may  ieekredreile  of  their  grievances  froai 
 .  the  Magiftrates,  who  may  lawfully  puoiinJHLalcfac^ors,  8rgo ,  they  may  no*  refill 
 
 with 
 
io  4  The  UwfufaeJJc  of  the  Parliaments  nectflary  $)efenfft>e  Wary 
 
 Withforce/Tyiannicall  bloody  Magiilrates,ortheii  Wicked  Inftruments,  when  they 
 a&uaUy  make  war  upon  themjtoruinCjfpoyl.cnflavc  them,  is  but  a  ridiculous  Nott 
 fequitur.  There  is  nothing  therefore  in  the  occafions  of  the  Apoftles  words  which 
 gives  the  leaftcolour/odifprove  the lawfulncffe  of  fuch  refinance,  or  of  the  Pariiju 
 mentsjuft  defenfiye  war* 
 
 Second  ly,this  is  manifeft  by  the  whole  Scope  of  this  Te#t,  which  infummeis  onely 
 this  ,T  hat  Chnjiians  ought  in  confeience  to  (l)befubjell  to  all  lawfull higher-  Towers  Jo 
 farreferth  as  they  are  Gods  (Ordinance,  Gods  Mwifters,  for  their  good?  to  thepratfe  of 
 the  goodtand  punifbment  of  evill  doers^and  not  to  rejiftthem  in  the  execution  of  their  juji 
 jtuthoritjzOr  fchriftianity  exempts 'not  Ch'iftiansfrom  obedience  unto  faithful  Ctvill 
 tjbi^gijirates :  to  inferrefrom  chence#  Ergo  ic  is  unlawfullfor  Chriffians  in  pointof 
 conference  to  refift  their  Magill rates  when  they  warrc  upon  them  to  fob  vert  Religi- 
 on,! awes,  Liberties,  flay,  plunderchem,  is  but  ameer  non.fence  deduction* 
 
 Thirdly,  this  appearts  moll  pcrfpicuoufly  from  the  motives  to  obedience,  and  rca- 
 fons  againfc  refinance  ofMagiftrates  fpecified  by  the  Apoftle  in  thetevtit  fclfe. 
 
 Firil,  the  higher  Powers  mult  be  fubmittedto,  and  not  reivftcd,  becaufe  they  are 
 
 trda%ned  of  god,  and  are  Gods  Ordinance,  verf  i  ♦  i.  But  thry  arc  ordained  of  God  and 
 
 his  Ordinance, fo  far  forth  only  as  they  govern  according  to  his  Word;  andprefrrve, 
 
 {£»)l&y  31.  i*(m) protect  Religion, Lawes,  Liberties,  the  perfons  and eflat.es of  their  people)  They 
 
 •  f'49pr#T  Sa**^  wot  GoAs  Ordinance ,  but  the  Devils,  when  thej  doc  quite  contrary,  (o)  Walfyng 
 
 a  .     3.7  ♦  ayont  /,£*  roaring  Lions,  feting  whom  they  ma)  devour '«,  as  the  7:>*T>*#  doth ;  Accor- 
 
 ln\  Partus ,     ding to  tnat  refolutionof  Braftonjand  Fhta  (p)  Exercere  debet  Rex  po&eftaten*  Iuris 
 
 willttfoujxx&ficutDei  Vtcariut  &  Mini  fan  in  terray  ejma  ika  Potettas  SOLlfS  DEI  6 ST 
 
 aches*  pote&as  autem  injuria  DIABOLl  ET  NO 7V^  DEI;   Cujus  horum  cpertm  fe. 
 
 f{\ -fc"  '***%  cerit  ReX   0W  mini  Iter  erit.  Igitur  dumfacit  juflttiam  ,  vicarttu  eft%egi&  mcrm : 
 
 to*  MINISTER  AVTEM    DIABOLl  dum  declmat  ad  i*juriam.    Therefore  they 
 
 iqlFkt^U**  ar*  f°  farrc  ^°rth  onely  to  be  obeyed  and  not  refiikd,  as  they  are  God>  Ordinance, 
 
 ^7«  aDd  lawfull  Magillrates,  notasthcyare  tyrants  and  the  Devils  Agents;  wemighe 
 
 Ua  ve  obeyed  the  ev  ill  fpirits  them  fclvs  whiles  they  continued  good  AngcJs;  Ergo  we 
 
 muft  notrefiit  them  now  they  arc  turned  Devils,  is  il<  Lo^kk,  coutfe  Divinity,  con- 
 
 trarytothe  i  Pet.  5.8,9.  /rfw.47. 
 
 $:cor\dlyybecaafethoje  who  rcfifipjall  receive  to  themfelves  damnation,  remporall 
 or  cternall,  Cuicethrj  rejift  Gvds  Ordinance,  v.  3^  But  that  fubietf  should  be  tempo- 
 rally and  etcrnaJiydamnedjOnly  forreuTting  tyrannicall  Magiftraus-or  their  Cava- 
 lesrs,  and  that  by  author  icy  from  the  Parliament,whcn  they  with  armed  violence  me  ft 
 impioufly  fctthemfelvcaofubvert  Religion  ,  Lawes,  Liberty,  Propertic,  and  take 
 ir)lhyiA4*to  av;3y  rheit  liv.  s3  againft  all  Lawcsof  God  andMan  •  for  \yhich  they  themfelves  *'*- 
 iC&  si.  Pfal.  curre  both  fr)  temporall  and  et  er  nail  damnation  %  •'$  Inch  a,  Paradox,  as  is  no  way  <$ 
 5^i.;«7,Pfa,  warranted  by,  but  dheclly  oppofuc  to  the  Scripture.  Therefore  it  muft  be  intended 
 *.*•>  Pf»94.   one Iy,of  refitting  lawfull  Authority,  and  tuft  commands.. 
 
 a*tf  v*3»  ^fel.'  jj  hey  mull  be  fubie&ed  to,not  refilled  ,£«w*/*  Rulers  are  not  a  terror  tJgoodworkj9 
 flTxsW8  ***  but  to  eviLv.  2 .  Now  is  this  a  reafon  why  Subiccts  (hculd  not  refill  tyrannicall  opprcf- 
 ttit  Prw  1.  "ngVrinccs,Magi(trats,pr  their  Inltr5jments,whoareonly  a  terror  to  good  works,noc 
 &.  Mid*i  1.3,^0  o  ill?  wUodo(f)evill  and ov/y  evillcontinuaHy .evenwith  both  hands ?doubtleffe  not* 
 ?i'i  .i.j.s-7.^-  Wc  nxuftiwtreul*  Rulers  who  are  a  terror  to  good  vvorksbuttocvill ;  £r^,wcmuli 
 not  refift  Rulers ,  who  ai^  a  terror  to  good  works,not  toevill,  as  our  Oppofites  con^ 
 cludeluacrj,  h  to  arguepoi  ^  vblank  againft  the .ApoftI«.;^£r^  ,  we  may  and  muft, 
 
 csfij 
 
Wmttyinpmt  of  Uu>  andCofciem 
 
 105 
 
 rciift  them  to  ourpowt rsjeft  we  I?  (/)  partaken  of their  finms and  fumjbt»entj9  and  be-  (U  • 
 come  authors  of  Religions  and  the  Commonwealths  fiibvcrfion,  isamorc  proper  I  *-l  Ttm.j  u 
 inference.  ^  R^V/ '' 
 
 Fourthly,  the  Apcftlcfubjoyncs  this  argument  again  if  refiftaneej   Wih  tho*  not 
 
 then  be  ..fraid  oftbt  power  r  Jot  that  which  is  good^  ttjbalt  have  praife  of  the  fame^ 
 
 Verf.^.That  powei  is  not  to  bee  refilled,  which  wee  need  not  be  afraid  of,  and  of 
 whom  wethall  haver>ray(c  u  hiles  we  due  that  which  is  good  :  But  this  oncly  an  bee 
 intended  of  a  lawful)  power  j  ftly  executed  ;  notof  Tyrant?,  or  their  ill  Miniilers 
 bent  with  force  of amies  to  mine  Religion,!  awes,Liberties, ;  who  oncly  terririe, 
 difgrace,di (countenance  thole  that  arc  good  5  applaud,advancc  none  but  chofc  who 
 arcevill,  andas///V//>  writes,  Chap.3.?.  3.  Love  the  will  and  bate  the  good,  and  pi  - 
 off their  shjri from  off  tbcmyvid  their  ftjh from  off  'their  boncsy&c.  Therefore  this  inh: 
 tion  of  refinance  extends  onely  to  lawfullMagiuratcs,  not  to  ungodly  opprelling 
 Tyrants. 
 
 Fift!y,heisnotto  be  refilled  ,but  obeyed;  beamfi  he  U  the  M'mifer  of  God  to  thee 
 fa  a  \.  But  is  this  true  of  Tyrants?  of  ungodly  Magiitrates  bent  to  fiibvert 
 
 Religion,  Lavves,  Liberties,  and  deitroy  their  people?  True  of  (ji)  CaUgmla^of  Nero,  f||\  ^ 
 Who  wifjed  all  the  Romans  had  but  one  »edta  that  he  might  cut  them  all  off  at  one  frolic  •  and  r/jw,  . 
 purpofely  fired  Rome  to  confn  me   it^  beholding  the  flames  M  a  mef  delightful!  Jpeuacle  I  ZonoraijQ 
 Arefuch  the  Minifters  of  God  for  ourgood  here  intended?or  not  rather.  (xfiez  q   v  Vrv\' 
 Tefs^Judzemyns^Sc^irz^fVohes^CHt'throats^  defrayers  of  mankind^    and  direct  An-   /x\  c!l! 
 .tinocles  to  all  things  that  are  good?  Iftheie  be  not  within  the  Apoftles  definition,  deQlemU 
 they  are  without  his  inhibition  ;  which  extends  onely  to  fuch,  who  arc  the  Mini-  Hofea  13.11. 
 fters  ofGod  to  us  for  good  :  and  implies  a  lawfulneffeof  refilling  tho^e  who  are  the 
 "Devils  M inifers  to  us  For  evill, rather  then  Gods  for  good. 
 
 Sixtly,Heiubjoyivsthis  further  reafon  of  obedience  and  not  refinance,  Verf^y, 
 .  'But  if  thou  dofl  th  n  which  is  evill  be  afraid 5  for  he  beareth  not  the  S  potd  in  Vahtt  \  for  bee 
 i:.  iheMimfierofGod)  arevenger^  to  execute  wrath  uponbim  that  ?/•*£  evill  5  which  no 
 wayes  fuitcs  with  a  Tyrant  bent  to  fubvert  Religion,Lawes,I  il  ci  ties:  For  he  feci:, 
 all  evill  men,  efpecially  thofe  who  arcinftrumentall  to  advance  his  cruelty,  and  op- 
 prdGpns*  gives  liberty  to  all  manner  of  wickednefic?,Proclaime3  impunity  to  his  ill 
 inurum  nts,  knowing  that  of  the  Poet  to  be  true; 
 
 (j)  L'h  -  am  eft  qitx  Rcgnajmiatuet/tr.  , \ 
 
 •He  beareth  the  fword  not  onely  in  vaine,  in  reference  to  any  good  end,  foi  the  pro- 
 moting ol  Cods  glory  and  the  publike  good;  but  likewife  draweth  it  forth,  and  8,f. '41. 
 ufcth  it  directly  againft  both  ;  And  is  fo  farrt  from  being  a  AfinifierofGod,  or  revert-   ( 
 ger  to  execitte  wr ail  upon  them  that  doe  evilly  that  he  is  the  \cry  Miniver  oi  the  DeviiJ,   Aflsa 
 (a)  a  blood)  implacable  revenger  to  execute  wrath  upon  thofe  onely  that  dot  good :  Sdch  was    :]fDl 
 A". tj,  who  then  reigned,  of  whom  (a^Tertnllian,  Nihil  rtifi  grand*  atiquiA  botmm  a    {a)  A 
 Nerone  damn  num.    This  reafon  then  extends  onely  to  righteous  Govcrnour5,?n  their 
 execution  of  juiiice  upon  wicked  malefactors  wherein  they  muir  btitbc  rcfii  led  ;  Not 
 to  bloody,  graceler7e,lawlede  Tyrants  and  their  initruments,whc  by  the  rule  of  con- 
 traries may  and  ought  to  be  refitted  in  their  cruelties,opprelTion?,  impieties. 
 
 Seventhly,  the  Apoftle hereupon concludcs,Verf.  5.  Wb 
 fubjtcf  nor  ondjJoT  wrathjmt alfifir  confeience  fake.  This  conclusion  as  the  woiv?y/  7\  rr- 
 /jrtjdemonilrates,  being  inferred  from  the  premifed  reafons,  extending  onely  to 
 
 O  jit 
 
go6 
 
 The  Uwfulntfje  of  the  Parliaments  necejfary  defenfive 
 
 (b)  Sec  Fox 
 Attsand  Mo- 
 nument, £«/?- 
 bJMySocuttet, 
 SdolaftyNice- 
 phorw?  Grim- 
 ftrn  in  his  life 
 of  Julian  rhe 
 Apoftarcand 
 orhers. 
 
 (0  Dan.  5.j. 
 to  Z5.  Afa^. 
 
 jult  and  upright  Magiftrates,  not  to  Tyrants,  as  they  are  fuch  •  muft  relate  wholly 
 unto  them .  namely,  that  we  muft  of  ncceffity  be  fiibjeft  unto  juft  rulesjand  the  high- 
 er powers,  governing  uprightly;  Becaufe  they  are  Gods  Ordinance ;  becaufe  tbofe  who 
 rejifl  them  fhall  receive  damnation  :  Becaufe  tbey  ate  not  a  Terror  to  good  worlds,  but  to  evill: 
 becaufe  we  pall  have  praife  of  them  if  we  doe  good ;  becaufe  tbey  are  the  Minifters  of  God  to  Mi 
 for  go.'d  5  and  becaufe  they  are  Gods  Minifterj  and  revengers, to  execute  wrath  upon  them  onely 
 that  doe  eviB:  Neither  ofwhich  reafons  extending  to  Tyrants,thisconclufioncan  ne- 
 ver reach  to  them  5  fince  no  Law  of  God  or  man,  necejjitates  any  one  to  befubjeft,  n$i 
 onely  for  wrath »,  but  even  for  confeiencefak^,  to  the  unjuft  commands  and  violence  of 
 Tyrants,but  the  quite  contrary:  Should  Tyrants  enjoy nemen,as  force  have  done,to 
 offer  facrifice  to  Idols,  to  renounce  thrift  ianity,  abjure  Jefus  Cbrift,and  yetldup  their  chafttty 
 to  their  unruly  luftj ;  Gods  (c)  Law  and  confeiencein  fiich  cafes  enjnynes  them  ojne- 
 ceffnjto  difobeyand  rep  ft  tbofe  commands,  even  for  conscience fakg  .  as  every  man  endued 
 with  confidence  muft  acknowledge;  Therefore  this  Text  extends  not  to  refiftance 
 of  fuch  exorbitant  powers  in  fuch  lawleffe  cafes. 
 
 Eighthly,  the  Apoftle  thus  proceeds,  Verf  6.  For  thif  caufe  alfo  fay  you  tribute,  for 
 they  are  Gods  M'mifters,  attending  continually  upon  this  very  thing.  What,  doe  men 
 pay  any  Tribute  to  Princes  or  Magiftrates  for  this  caufe,  that  they  may  Subvert  Re- 
 ligion, La  we  s,  Liberties  1  that  they  may  plunder,  murthcr,  warre  upon,  and  ex- 
 pose them  to  the  rapine  of  their  ungodly  Malignant  Cavaliers  >  Or  are  Magiftrates, 
 Gods  Minifters,  attending  continually  upon  this  very  thing,to  mine  Parliaments, 
 Church,  State,  people  1  would  any  men,thinke  you,  give  Tyrants  wages  for  fuch 
 a  fervice,  to  cut  their  throats,  to  devoure  and  undoe  them  in  foule,  body,  eftate  ?  Or 
 do  not  they  pay  tribute  to,  and  Magiftrates  attend  continually  upon  quite  contrary 
 impIoyments?lf  fo,as  none  can  contradic"t,then  the  refiftance  here  is  onely  intended 
 of  lawfull  Magiftrates,who  continually  attend  upon  their  charge,  to  prote&the 
 good,  and  punifh  Malefactors ;  not  of  Tyrant  s,who  doe  quite  contrary  j  and  there- 
 fore a  re  to  be  refitted. 
 
 Ninthly,  he  infers  from  the  premises, Verf  7.  Render  therefore  to  ezery  man  his  due, 
 tribute  to  whom  tribute,  cufiome  to  whom  cuftome,  feare  to  whom  feare,  honour  to  whom  ho- 
 nour :  By  what  Law  of  God  are  obedience,  feare  and  honour  due  to  Tyrants  in  their 
 ungodly,  exorbitant,  unjult  commands,  to  fubvert  Pveligion,  Lawes,  Liberties  ? 
 Certainly  the  Apoftle  hath  no  where  in  this  Text,  nor  God  himfelfe  in  any  other 
 Scripture  cxprefled  fuch  obedience,  refiftance,  feare  or  honour  to  be  due  unto  them : 
 and  Elipahis  fpeech  to  KingJehoram,2  King  3.  13. 1  1  compared  with  Ezeh  21.25. 
 Jobi2.i9.2uC,^^\g.Nehem^.yXo  20. Ci.13.17. Ifa.iJi^h.^i^.LamASjck'yA 
 proves  direttiy,  that  they  are  not  their  due.  Therefore  this  Text  extends  not  to 
 them,  but  onely  to  lawfull  Magiftrates. 
 
 Laftly,  he  concludes  hence,  Verf.  8.  Owe  no  man  any  thing,but  10  love  one  smther :  for 
 he  that  loveth  another  hath  fulfilled  the  Law.  Now  no  fuch  Love  is  owing  to  Tyrants 
 who  fubvert  Religion,  Lawes,  Liberties  5  but  we  are  to  hate  tlxm  witbaperfeft  hatnd, 
 &  enemies  both  to  God  and  manjborne  for  the  publike  prejudice,  PfaL  1 3  9.  2 1 . 2  2.?falt  I  O9.1 . 
 to  2,1.28,29.  but  onely  juft  and  upright  Magiftrates  :  Therefore  this  Text  is  in- 
 tended onely  of  them. 
 
 Byallthefe  p^mifesitisundeniable,that  the  refiftance  here  prohibited  is  onely 
 gf  lawfull  Magiftrates  in  the  due  execution  of  their  Offices,according  to  the  Lawes 
 
 of 
 
Warre, in  point  of  Law  and  C  onjcu  nee,  \  Qy 
 
 of  God  *nd  the  Rcalmcs  they  lire  in  ;  not  of  tyrannicall  oppreffing  Princes,  Ru/ers, 
 or  their  imh'umcwts  forcibly  indcavouringto  mine  Religion,  Lawes,  I.  ibertics,Par- 
 Haments,  KingdomeS;  which  fully  refutes  the  Duftors  fourth  Obfervation  •  of 
 which  more  anon. 
 
 I  now  proceed  to  fonic  farther  diiquilitions  for  the  rlnall  clearing  of  this  Text  • 
 and  herein  I  il  all  examine, 
 
 Firft,w hat  is  meant  by  higher  powers: whether  Kings  or  the  Roman  Emperor  onc- 
 ly,asourobjec*t.ors  prccend,or  allcivill  Magistrates  whatsoever  as  well  as  Kings  ? 
 
 Secondly,  whether  theR.ominEmpcroui  in  Pauls  time  wc.c  the  highclt  Sovereign 
 power  i-i  that  State,or  the  Senate? 
 
 Thirdly, whether  Tyrants  and  unju  It  opprelTing  Magi  Urates,  as  tlvy  are  fcch,  be 
 within  the  intendment  of  this  Text,  and  not  to  be  refitted  in  any  cafe. 
 
 Fourthly,  whetiicr  Kings  and  kingdomes  be  Gods  Ordinance  ^  or  an  inititution 
 jure  diz'pWj  or  a  humane  ordinance  jure  humano0  and  how  farre  divine  or  hu- 
 mane? 
 
 Fiftly,  what  refitance  of  the  higher  powers  is  here  prohibited? 
 
 Forthehritofthefe.  By  the  higher  Powers  itiscleare,  that  Kings  and  Empe- 
 rours  onely  are  not  meant,  as  oar  oppolitesdreame  -,  but  all  kjndt  of  chill  Ru'ers  and 
 temporal!  Afaoijlrates  nshatfoever,  from  the  King  himfclfc  to  the  Conftabjc  and  Ti- 
 thingman  :  Asisapparent,  rirft,by  the  word,  higher  Powers,  ufed  indefinitely  in  the   00  ScchxoA. 
 plurall  number,without  mentioning  any  fpeciall  kind  ofpower.Secondly,  by  thole    l6  21  c->4^i 
 words  J  here  if  NO  POWER  but  of  God:  the  powers  THAT  ARE  (that  is,  \c£*lo6'u 
 all  lawfull  powers  whatsoever  now  in  being;)  arc  ordained  of  God:  which  univerfail    Ezraa.**  io 
 Negative,  and  Affi.mativc,muu  neccdarily  include  all  lawful!  civil]  powers.    Third-    1 4  Ncbtni  ,.' 
 Jy,by  thcfollowing  words :(/;/)  For  Rulers.&c.  that  is,all  Rulers  in  the  plurall  num-   rJ.c-M7.  c. 
 her;  a  Title  common  to  all  inferiour  Officers:  witoefle  Exod.  iS.  21.22.  25,26.    ,?,i1'I£/c,c, 
 (Seel  Cbrm.l7A^)AndMofeschofiablemenoHt  of  all  J(raelyindm  idethem  H  E  AD  S  \^\[     77' 
 07  er  the  people  :RV  LE  R  S  of  th  utfands,  Rulers  of  hundreds.  Rulers  of  fifties,  And  Ru~    /\r\s  4,5,81V 
 hrs  oftennes,(Cuch  asourTithinemen  arc)  and  tbc\-  judged  the  people  at  all  fcafons.So  that 
 the  Tithingman  is  a  Ruler,  a  higher  power  within  this  Text.    Fourthly,  the  word 
 Minificrs,  For  they  arc  Gads  Minifers9&c*   in  the  plurall  too,  extending  generally 
 tO  all  officers.    Fiftly,  by  z/\j,  8.  Render  therefore  to  ALL  their  dues,  (that  is,   to  all 
 Maghlrates  whatsoever  •   as  thefeenfuing  words  evidence)  tribute  totpbom  tribm    . 
 dut,cufionvetorrhomcu§nmc,fcirttorvhomfeire,  honour  to  rvh.nn  honour'.  Orre  nothing ta 
 AN  1    M AN,&c.  that  is,  to  ANY  Maglftrate,  or  Ruler  of  what  kind  foever. 
 Sixtly,  by  parallel  Texts,  extending  as  well  to  inferiour  lawfull  Magiftrates  and 
 Officers,  as  to  Kings,  as  1  Tim.  2,  1.  1  exhort  therefore,  tb  it  jirfi  of  all  fupplic ations, 
 prayers,&c.  be  made  for  all  wen 5  for  KwoS,and  ALL  THAT   £  E  IN  AVT  H  0- 
 KIT  I  E,&c  Titus  3.  1.  Put  them  m  minde  to  be  fitbjt  &  to  principalities  and  p  oners,  10 
 obey  Magiftrates  fall  in  the  plurall:)  1  Pet.  2.13.14.  Submit  jour  fih  es  to    EJ'FR  1 
 O  RV  IN ANCE,  of  man  fir  the  Lords  fake  ;  whether  it  be  to  the  King  a< 
 unto  GOV ERNO  RS,  (in  the  plurall  J  m  untothofe  that  are  fent  In  him,  for  the  pu- 
 nifhment  of  ezill  doers,  and  the  prayjc  of  them  that  doe  n\U  ;  Compared  with  Jofb*1.l6M 
 17.18.  Ezra  j.  2<,,26.Epbef.6.  1.  5.C0/.  3.18.20.  23.  1  Tim.  6.  '.  Heb.    1 3. 1 7.  Sxod. 
 22.  2%. Chap.i%.2i,22.2f, 26.  2  Kin«s  ii  4.  Seventhly,  by  ail  Expofitors  generally 
 on  this  Text,  ancient,  moderne,  Protectants,  Papiils,  who  grant,  that  this  Text 
 
 O  2  :u*s 
 
i  o  8  The  lawfulmffe  of  the  Parliaments  necejfary  defenjlve 
 
 extends  to  all  civill  Magiftrates9  as  wtU  inferiour  and  Subordinate ,  asjuperiour,  (and  many 
 tticke  not  toflra'vie  it  even  to  Ecctefiafticatl  ones)  So  Origen,  Ambrofe,  Hierome,  Kemigius, 
 tbeodulus,  Cbryfofiome,  Ibeodoret,  ?rimafiusy  Haymo,  Kabanus  Maurus^  Tbeopbjlaff, 
 Oecitmeniw,  Haymo,  Aquinas,  Anfelm,  Lyra,  Bruno,  Gorran,  Hugo  de  SanEfoVi&ore') 
 Toflaius,Luther,Calv'm,Erafmus,  Melanebtbon,  Gualtber,Mufculw,  Bucer,  Hemingiur, 
 Terus,¥ayus,  Soto>  Alexander  Akfw,  Teter  Martyr,  T areas,  Beza,  Pifcator,  Zuingliur, 
 Toilet,  WiUety  Wilfon,  Nacclantus,  Snecanuf,  Vig?ieriuf,  Weneri:biw,  Winchjdman,  E- 
 ftius,  Faber,  Cornelius  a  Lapide,Salmeron,  Catbarinus,  Guilliandus,  Adam  Sasbout  with 
 fundry  others.  This  then  being  irrefragable,hereby  it  is  moft  apparent  ;  Firft,  that 
 no  reiiftance  of  the  higher  powers  is  here  prohibited,  butonely  in  the  due  and  le- 
 gall  execution  of  their  offices  :  For  if  any  inferiour  Officers  illegally  indeavour  to 
 fubvert  Religion,  Lawes,  Liberties,  and  unrightly  governe  the  people,  they  may 
 lawfully  be  refilled  by  them:  For  example,  if  a  Maior,  Juftice  of  Peace,  Conftable 
 or  other  efficer-extravagating  from  the  common  courfe  of  Law  and  Juftice  5  (hall 
 with  force  of  amies  in  a  riotous  manner  aflfaultany  private  man,  or  the  whole 
 Citie  or  Village  where  he  lives,  to  beate,  wound,  kill,  plunder,  difpoftefle  the  inha- 
 bitants of  their  houfes,goods,franchifes,  or  anaultthem  on  the  highway  fide,  to 
 takeaway  their  purfes-  in  theieand  fuchlike  cafes,  both  in  point  of  Law  and  con- 
 ference he  may  not  onely  be  forcibly  refilled,  but  repulfed,  apprehended,  battered, 
 if  not  lawfully  flaine  by  the  people,and  proceeded  againft  as  a  delinquent:The  reafon 
 is,becaufethefe  illegall  unjuft  aftions,  are  not  onely  befides,witfiout  their  Com- 
 miifions,  but  directly  contrary  to  their  offices,  and  the  Lawes,  which  never  gave 
 them  authority  to  aft  fuch  injuftice :  yet  they  arebiglier  Towers  ordained  of  God,wit\\m 
 this  Text,  and  no  way  to  be  refilled  in  the  due  execution  of  their  Offices  according 
 to  Law.  If  then  thele  inferiour  Officers  may  be  thus  forcibly  refitted,  repulfed,  not- 
 withstanding this  Text,  in  fueh  cafes  as  thefe  ^  then  by  the  felfe  fame  reafon  Kings 
 and  Emperours  may  bee  thus  refitted  too  ;  fince  the  Text  extends  indifferently  to 
 them  both.  Let  then  the  objectors  take  their  choyce;  either  affirme,that  no  inferi- 
 our Iawfull  Officers  whatfoever,  may  be  forcibly  refitted,  by  the  people,  or  repulfed, 
 arraigned,  cenfured  for  their  misdemeanour,  by  vertue  of  this  Text  •  which  would 
 bring  an  abfolute  Tyranny,  Anarchy  and  conflv'on  prefently  into  the  world,  and 
 make  every  Conftable  as»great  aTyrant,Monarch  as  the  gr.-nd  Emperor  of  the  Tnrks^ 
 or  elfe  coafefie,  that  this  Text  condemnes  not  fuch  refittance,  even  of  Kings  and 
 Princes,  when  they  forcibly  war  upDn  their  Subje&sto  fubvert  Religion,  Lawes, 
 Liberties,  and  mine  the  republike$  fince  it  makes  no  diftincYion  at  all  betweene 
 the  ones  power  and  the  others  5  but  equally  enjoynes  fubjeftion,  prohibits  refi- 
 ttance  unto  both-  and  that  onely  in  jttft  administration  of  their  fcverall  authori- 
 ties, not  in  the  arbitrary  unjuft  profecutions  of  their  wils  and  1  lifts. 
 
 Secondly,  it  followes.that  the  Kings  Souldi:-rs,  Cavaliers  and  Forces  now  raifed 
 againft  Law,  and  armed  onely  with  illegal]  Commirfions  voyd  in  T  aw,  as  I  have 
 proved  j  are  none  of  the  high  powers  ordained  of  God,  nor  Iawfull  Rulers  or  Ma- 
 gistrates within  the  meaning  of  this  Scripture ;  'and  fo  the  forcible  refitting  of  them, 
 and  of  the  Kings  illegal!  commands  and  defignes  executed  by  thtm,is  no  refiftance  of 
 the  higher  powers  here  prohibited. 
 
 Thirdly,  that  the  Houfes  of  Parliament  being  in  truth  the  highett  powers  ordai- 
 ned of  God  in  this  Real  me,  and  their  juft  legal!  Ordinances,  Votes,  Forces,  for  the 
 
 neceflary 
 
I ■"  *■  -  --    . 
 
 War re \in  point  ofLalb  and  Conjcience.  I G  p 
 
 scceffary defence  bfLawes,  liberties,  Religion,  agaimt  the  Kings  ill  Counfeilors^ 
 and  Malignant  Popith  Forces,  neither  may,noi ought  in  conscience  to  be  refitted  by 
 the  King  himiclfe,  or  any  of  his  Subje&s,  Souldiers,under  the  peril]  of  that  damna- 
 tion mentioned  in  this  Chapter. 
 For  the  GxondJPbether 
 
 in  the  Roman  St  ate, or  not 
 
 r  the  Roman  Emperor  in  Pauls  time  wis  the  hijl-  \  'gnp  nver       a 
 
 ?It  is  taken  for  granted  by  Do&or  Feme  and  other  (  O  op-  (j)°Doftoi 
 pojitcsythdt  he  was,  as  a  thing  pait  doubt,  the  Senate  and  people  (as  they  i\\y)  having  Fm*,Appeafc 
 rehgncdup  their  power  to  the  Emperour.    But  this  no  doubt  is  a  gioflecrrour,  < J  rhvconfc.'- 
 (which  I  have  largely  refitted  in  the  Appendix,  and  therefore  (haU  be  the  briefer  here)  eS? '  Tf! 
 derived  horn  loine  ciyill  Lawyers;  who  out  of  Jufiniau.  Vigeft. lib.  2.  Tet.  a,  and  jeflton? 
 Inflit.  'Tit.  2.  fa  lily  affirme,that  Lege  Regiafy  the  refill  Law  the  Senate  and  people  tran  -    (I    Albmcm 
 ftrrtd  all  their  Empire  and  power  unto  the  Emperour.  Foi '  firlt  the  Senate  and  people  (as   OtnutU\ 
 Albericw  Gent  i  I  is  well  oblcrves)  did  not  by  this  Law  give  the  Emperour  all  power  and  Iu'  Av///^5  Cm 
 command  to  diffofe  of '/ hem,  or  the  lands  and  revenues  of  the  Empire,  m  he.pkzfia*   but  onely  th  5j|J/a  de 
 togoverne  them  according  to  their  Lawes,  as  men $  not  to  fay  and  alienate  them  as  beafts.  V.f.l.\ 
 Thus  rcafon  dictates,    fo  the  words  of  the  Law  found,    Qf)  Divines  ate  deceived^  Liwycrs   J 
 flatter,  who  peif wade, that  all  things  are  lawful]  to  Princes,  and  thut  their  p^ver  is  highejl  W)*  jAeDPK* 
 and  free.  It  if  ridiculous  toaftirmejbat  ahfoluic  power  over  the  litbicch  belosiaj  to  ?ui, 
 which  belongs  7iot  to  the  tmperours  tbemjelves  over  the  Italians,  from  whom  tBey  derive }U   l.%.qui  mi 
 Imagine  therefore  th  it  the  Emperour  had  a  power  never  fo  fne,  yet  it  is  not  of  dominion,  I  :?t  I.  vj.f     E  • ;  r. 
 of  adminifxr ation .  (d)  And  be  who  hath  but  a  free  adminif ration  hath  not   the  power  of 
 donation,   (e)  A  gardianis  then  refuted  in  ftcid  of 'a  Lord,  cum  tuielim  adminiflrat,  ncn 
 cumpupHlumfpo]iat  5   when  he  rigvtfy  udmirtifershis  tutelage,   not  when  he  fpoyles  hit  }>u- 
 pill.  So  Gent ills.  If  then  theEmpcrours  had  onely  a  free  legal  l  administration,   not 
 an  abfolute dominion  ;  granted  them  by  the  people,  then  this  foveraigne  power  (till 
 refided  in  the  Senate  and  people,  as   litftinian  Vigeft.  lib.  J.  Tit.  2.  T>e  0  rig- nc  Juris, 
 will  fuffici .  n*  Jv"  nunife(t:Secondly,(/)J<?/w  B>din  a  learned  Civilian  clearely  proves:    ,{   c 
 That  the  K  \tnan  Emperorj  were  atthefi  §  ^nothing  elfe  but  Vr'mcet  of  the  Commonweal  ,   wcirj  *  c  < 
 The  SOVEK  AIGNTY     N E V E RTHELE SS E    STILL    RJ&ST-/.1U. 
 ING    IN   THE    PEOPLE,   and  THE    S  E  N  A  T  E  :  Sothattbis  Common- 
 wealth  was  then  to  h  :  e  ■'.     c  called  a  I 'rincip ilily •  although  that  Seneca  [peaking  in  the 
 perfinof  Nctobis  Scholler, faith.    I  am  the  onely  manamongft  living  men,  cfeft  and 
 chofen  tqjjc  the  Lieutenant  of  God  upon  earth:  I  am  the  Arbitratour  of  life  and 
 death;  lam  able  of  my  pleafure  to  difpofe  of  the  ftate  and  quality  of  c\  cry  man. 
 True  it  is, that  he  tookc 'Vpm  him  ibis  Soieraigue  authority,  by  force  wrejled  from  the  people 
 and  Senate  of  Rome,  (therefore  not  freely  given  him  bj  any  Law  )    but   IN    RIGHT 
 HE   HAD   IT   NOT,  the  State  being  but  a  very  principalis  WHEREIN 
 THE    PEOPLE    HAD    T  H  E    SOVER  A  IG  N  TY.     In  which  €*j% 
 THERE   IS  NO  DOUBT  but  that   IT  IS  LAWFLILL  u  *k 
 
 gainji  a  Tyrant  by  :vay  ofjufiiee^  if  fo  men  may  pmtile  againft  him  :  or  chre  by  way  $f  r)  $.{l},n;U{ 
 fail,  and  OPEN  F  O'R  C  E,   if  they  may  not  other  wife  haie  reafen*   As  the  Senate  did   z-..:u,<j 
 in  the  fir jl  cafe  again fl  NERO  :  and  in  the  other  againft  Maxim'tnus.     So  Bodin,    nbo  jhth&tropiKy 
 diretllyrefolves,  that  even  in  Nero  his  raignc  when  this  Epiflle  was  written,  the  higheil    SibilUm^ 
 foveraigne  power  was  not  in  tbeEmpcrQUr,  but  in  the  Senate  and  people:who  not-  0/^s'*rn$ 
 withftanding  this  objected  T  xt.    had  no  doubt  a  lawfull  Right,  not  onely  to  re-  ^§Cm 
 lift  Nero  when  he  turned  Tyrant  with  open  forcef  but  likewle  judicially  to  arraigne 
 
 O3  w& 
 
I  f  o  The  lawfulmffe  oft  he  Parliaments  necejfary  defenfive 
 
 and  condemnehim  even  to  death,  or  thy  did,  for  bis  publike  crime s.  Now  that  the  So- 
 veraigne  higheit  Power  remained  in  the  Senate  and  people  notwithstanding  this 
 Lex  Regia,Marius  Sjlamonws(zr\  incomparable  learned  Roman  Civilian)hath  large- 
 ly proved  in  his  fix  Bookes  Ve  principatu (purpofely  written  to  refute  the  contrary 
 common  error) where  hewrites,  c  Firft,  that  the  Roman  Emperors  were  crea- 
 c  ted  and  constituted  onely  by  the  Senat  and  people-and  that  the  Creature  fhould  be 
 c  fuperiour  to  the  Creator,  the  child  to  the  parentj  isabfurd.  Secondly,  that  the 
 c  Emperours  were  but  the  Senates  and  peoples  publikc  fervan ts ;  therefore  they  were 
 f  their  Lords;  and  not  inferiour,  but  fuperiour  to  their  fervants.  Thirdly,  that  they 
 c  were  fubordinate  and  inferiour  to  rheLawes  made  by  the  Senate  and  people  5  and 
 c  bound  by  all  their  Lawes3but  fuch  as  the  Senate  and  people  did  by  fpeciall  Ads 
 fh  Minus  c  exempt  them  from.Fourthly,  that  the  people  and  Senate  did  by  fpeciall  Lawes  ere- 
 Vrtnchmie  c  ate  Jimit,  enlarge  or  abridge  their  Fmperours  power  and  jurifdi&ion ,  as  they 
 />.I22.  ro  126.  c  ftwcaufe,  givingfometimesmoreorleffejurifdiftionto  one Emperour  then  ano-  I 
 c  ther  :  which  they  could  not  juftly  doe,  were  they  not  the  higheitSoveraignepow-  I 
 c  er.  Finally  he  proves  it  by  the  very  Lex  Kegia  it  felfe ;  which  becaufe  rare  and  un 
 e  knowne  to  moft,I  ihall  here  recite,to  informe  and  reforme  our  ignorant  Court  Dc- 
 c  ftors,  Lawyers,with  Salamonius  his  obfervations  from  it.Lex  Regia,  was  not  onely 
 c  one  fingle  Law:  There  was  not  one  Law  for  all  Emperours,  but  it  was  revived  for 
 c  every  Emperour,  yet  not  with  the  fame  conditions.  The  bratfe  Table  which 
 c  yet  nangeth  in  the  Lateran  Churchy  proves  that  the  Royall  Law  was  accufto- 
 c  medtobe  altered  in  every  Princes  reigne  AT  THE  PLEASVREOF  THE 
 c  ROMAN  PEOPLE;  fork  is  part  of  the  Royall  Law  of  the  Empire  of  Ve- 
 6  fpatian,  that  it  mould  be  altered  :  which  had  beene  voyd,if  from  the  beginning  of 
 *  the  Empirea  perpettull  Law  had  bcene  made  for  all  filcceuors  ;  the  words  of  the 
 c  Law  are  theie. 
 
 c  Fsdnfve  cum  quibus  valet  facere,  itaut  licuit  Vivo  Augufio,*! yber.  Julio  Cffari  Aua, 
 c  Tyherioque  Clan  din,  Julio  C* far  i  Aug-  Germanico. 
 
 c  Vtique  cum  Senatum  habere^  relationem  facere,  remitterc  ScnaUts  confulta,  per  rclatio- 
 c  Hem,  difceffionemque  facere  IicesJ,ut  licuit  Vivo  Augufio,  Tib.  rio,  Julio  Ctfari  Augufioy 
 c  Tyberio, Claudio  Ctffari  Augufio  Germanico, 
 
 c  Vtique  qnum  ex  voluntate,  auctoritateue,  jnffu,  mmdatione  ejus,  prafenteve  eo  Sena- 
 c  tus  hahebitur,  omnium  rerumjus  perinde  habeatur,  fervetur,  ac  fi  e  lege  Sen^us  ediUus 
 C  effctjiabereturque. 
 
 c  Vtique  Cojjl  Magisiratus  potcfiatcm,  imperium,  curationemve  cuivis  rei  petenti  Sena- 
 c  tui  populoque  Romano  commendaverit,quibujvefuffragationcm  fuam  dederit,  fromiferity 
 c  eorumComitiis  qui buCque  extra  ordimm,  ratio  babe atur. 
 
 c  Vtique  ei  fines  pom-c  riiproferre,  prrocurare,cume  Rep.  cenfebit  effe,  lice  at .  uti  licuit  Ti- 
 c  berio,  Claudio  Ctfari,  Augufio  Germanico. 
 
 c  Vtique  qu£cunqne  ex  ufu  Rcip.  majeflate  divinar ;  Ixtmanar :  publicar  :  privatarum- 
 c  que  rerum  ejfe  cenfebit,  ea  a^ere,  facere  jus,  poteflafque  fit,  it  a  uti  Vivo  Aug.  Tyherioque^ 
 c  Julio  Cjefari  Au^  Tyherioque  Claudio  Aug.  Germanico  fuit. 
 
 c  Vtique  quibus  legibus,  Plcbifve  fcitis  fcriptum  fuit,  ne  Vivus  Augufius  TyberiuCve, 
 c  Jul.  C <ef  Aug.  Tyberiufve,  Chudins  C<tf.  Aug.  Germanicus  temrentur  5  his  Legibus  Ple- 
 c  hifquefcitis  Imp.  Aug.  Vefpatiamis  fohttus  fit  5  qu<cque  ex  quaque  Lege,Rog»uioneVivum 
 
 Aug.  Tybaiumviy  ItiU  Ctjanm  Aug.  Tyberiumvcfilaudium  C*f.  Aug.  Germanicum  fa- 
 
 c  cere 
 
Warrejn  point  of  Law  andCorfciencs. 
 
 Hi 
 
 cere  aportucrat,  ea  omnia  Jmpcratori  C'jtjari  Vcfpatiano  Augjacen  liceaU 
 
 c  Vtiquequx  ante  ham  legem  rogat  am,  arla^gefla^lerreta,  iwpcrjta^ab  Imp.CtfareVc- 
 
 fpatiano  Augufo,  jufu,  mandatuie  ejus  a  quoquefwit^  e.i perinde juy  a  rata  ftnt,   ac  ft  po- 
 
 ■  pull  plebifvc  jit ffu  aBa  effort,  Sanitio;  Si  quk  h*j*fee  lc^;<  ergo  adverjw  kg*S%  rogationej, 
 
 plcbijve  Jcita,fnatujue  conjulta fecit f  feceritvc,  five  quod  cum  ex  lege,  rogation*,    fkU/ve 
 
 \fiito9  fenatufve  con fidto  facer  e  oportehit,  non  fecerit  ,hu)m  legi:  er^o,  id  ci  ne  fraudi  efto^ 
 
 '•  neie  quid  ob  earn  rem  popufo  dari  debet j,  neve  de  care  cuiy  atfivmie  judicata  eflo,  mvt 
 
 r  quit  aeea  re  apud  ewn  agifmito. 
 
 c  This  Law  firft  (hewes,that  there  was  not  one  royall  Law  made  fur  all  Emperors* 
 :  but  that  for  every  fcverall  Emperour  fcverall  iawes  were  ncccflary,  containing  the 
 conditions  whereupon  the  Princ'palitic  was  collated  by  the  Roman  people  :  For 
 •  toVefpitian,  itappeares  power  was  granted,  of  enlarging  or  letting  the  bounds, 
 as  it  was  granted  to  Germamcus,  but  not  to  other  Prince?.  And  in  the  laft  Chap- 
 :  ter  but  one,which  faith  :  And  by  thofe  things  which  by  any  Lawjfrc.  itislawfuJl 
 :  to  doe ;  a  larger  power  is  given  to  Vefpjtian  then  to  the  forenamed  Emperours  ; 
 and  that  they  ought  to  doc  fome  things,  which  Vefpatian  ought  not  to  doc  by 
 :  Law.  Likewifc  by  thefc  words  -,  Vtique  quibtis  kg$bw9&c.  ji'mns  fit  lit  appcares 
 that  Vefpat'un  was  not  freed  from  all  Lawes,  nor  yet  the  Emperour  before  him. 
 '<  Likewiic  out  of  the  Chapter  where  it  faith,  Ex  ufu  Reip.Majeftjte,&c.  it  is  evident 
 thatnot  an  abfblute  free  adminiilration  of  things  was  committed  to  the  Empe- 
 rours, butonely  fuchaswasufefull,  that  is,  which  fhould  be  for  the  profit  and 
 honour  of  the  republike:  whence  is  inferred,  that  thofe  things  which  were  not 
 for  the  benefit  and  honour  of  the  Commonweale,  Emperors  had  no  right  nor 
 :  power  to  doe.  And  in  the  laft  Chapter  is  perfpicuoufly  fct  downe  THAT  S  LI- 
 PERIOlfR  POWER  OF  THE  PEOPLE,  GREATER  THEN 
 THE  PRINCIPALITY  IT  SEL  F  E.  How  then  doth  Vlpim  fay,  the  f*Commo* 
 Trince  is  loafed  from  Laives  }  he  faith  not  from  all  Lawcs  :  verily  that  he  was  exempt  <\LkL™.T 
 c  from  many  is  no  doubt,&c.  (yet  it  was  by  a  fpeciall  claufe  in  the  Lex  Regia.)  This  ft)  Gent  rail 
 and  much  moie  Salammius.  All  which c<>ni:dcicd,will  infallibly  evidence,  theRo-  H.ftoiyof 
 man  Senate  and  People  to  be  the  higheft  power  in  Tunis  time^  not  the  Emperour-  Frg*ct*-96t* 
 who  even  at  this  day  (as(i)2Wi/z/>r0w)isintcriouno  the  Germane  States,who  are 
 the  Soveraigne  power  :  when  King  Henry  the  fourth  of  France,  Amio  i5co.  ufed  this 
 fpeech  to  the  Duke  of  Savoj-/^  If  the  KflM  of  France  rrcn  dbe  ambitions  of  any  tb'mggrea- 
 ter  then  bu  Croivnc,  it  might  be  an  Empire,  but  not  in  the  efiate  that  it  is  norvjbc  title  of  Em- 
 pire being  little  mare  then  that  of  the  T>uk$  of  Venice ;  the)  over  aingty  (ivrites  the  Hiitorian 
 in  theMargin^)  remaining  in  the  Statts  of  the  Empire. 
 
 All  that  is  objected  agai<nft  the  premi(es,is  that  pafiaee  o[7irtullian,much  in  rifted       Oljecl. 
 
 fl'tty 
 
 LO  VERO  DEO    MINOR   EST.  Sic  &ipfu  Diis  major  cfi,  dnm  &  iyft  oi  Sunlit  n, 
 in  pateftatefunt  e)w,&c.  AR  d  or  hers. 
 
 TowhichIanfwer,th?t thefe  wordsoflely  prove  the  Emperourin  the  Roman       Anfn\ 
 State  to  be  the  higheft  Officer  and  Magiftrate  under  God,  of  anyone  particular  per- 
 fon;  not  that  he  was  the  Soveraigne  higheft  power  above  the  Senate  and  people  col- 
 lle&ively  confidered :  And  the  occalion  of  thefe  words  will  difcoverthc;  Author!  in- 
 tention 
 
I  *  2  The  lawfulnefje  of  the  Parliaments  necejfary  defenjhe 
 
 i 
 
 ? 
 
 tencion  to  be  no  other  :  which  was  this.  The  Chriliians  in  that  age  were  perfeciH 
 (m)Rhenani  ted  and  put  to  death  by  Scapula  Preiidcnt  ofCarthage,to  whom  (mjTertuUiajt  writes' 
 Amot,  Ibid.  thisBooke,  becaujetheyrefufedto  adore  1  he  Emperour  for  a  Cody  t$  fweare  by  bisGeninA 
 &7id  to  obferve  bis  jokmnities  and  triumphs  in  an  Etbnicall  manner  5  as  is  evident  by  the 
 words  preceding  this  patfage:  Sic  &  circa  Majcfiatem  Imperatoris  infamamur,  &c.  and 
 by  fundry  notable  pa(fges  in  his  Apologetkus.\n  anfwer  to  which  accufation  TertulliA 
 reafons  in  the  Chriftians  behalf e ;  that  though  thy  adored  not  the  Emperour  as  a  God,yet 
 they  revcrencedbim  as  a  man  next  under  God  5  as  one  onely  leffe  then  God »  as  one  greater  then 
 all  others,  whiles  leffe  onely  then  the  true  God,and greater  thin  the  Idol  Gods  themfilves,  who 
 were  in  the  Emperour j  power, frc.  Here  was  no  other  thing  in  queition;  but  whether 
 the  Emperour  were  to  be  adored  as  God  ?  not,whether  he  or  the  Roman  Senate  and 
 people  were  the  greateit  hivheft  Soveraigne  power  ?  And  the  anfwer  being,  that  he 
 was  but  a  man  next  under  Gcd5above  any  other  particular  officer  m  the  Roman  State- 
 is  no  proofeat  all,  that  he  was  paramount  the  whole  Senate  and  people  collc&ively 
 considered,  or  ofgreater  Soveraigne  power  then  they  .  which  the  prcmiresclearely 
 difprove.Adde.that  this  Father  in  his  A pologie  thus  cenlures  the  Pagan  Romans  for 
 their  groffe  flattery  of  their  Emperours  whom  they  feared  more  then  their  Gods, 
 appliable  to  our  prefent  times  5  Siqtiidem  major:  formidine  &  callidiore  timiditate  Ct 
 farem  obfervatis,  quamipfum  dc  Olympd  Jovemy&c.  adeo  &  in  ifto  irreligiofi  erg 
 dees  veflros  deprehendimini,  cum plw  timor it, human oVomino die itvs  ^  ciiius  denique  apu 
 vosperomnesVeoSy  quamper  unum  genhim  C&faris  pejeratur.  Then  he  addes,  Interefi 
 hominisVeocederefatis  ioabeat  appellari  Imperator  :  grande  &  hoc  nomen  eft,  quod  a  ~Deo 
 tradetur  X  negat  ilium  imperatorem  qui  dturn  dicit  5  nifi  homo  fit,  non  <eft  impcrator.  Homi- 
 nemfe  ejje  etiam  triumph ans  in  illo  Jublimijfimo  curru  admonetur.  Suggeritur  etzimei  a  tergo* 
 Kefpice  poft  /c;  hominem  memento  te.  Eiiam  hoc  magis  gaudet  tanta  fe  gloria  corufcare,i\ 
 illi  admonitio  condition**  fu£  fit  mcejfiria.  Major  efi  qui  revocatur  tie  fe  dctihi  exifiimet. 
 Augufius  imperii  formatorm  'Dominnm  quidem  diet  fe  vohbat :  et  hoc  enim  Dei  (ft  cognomen. 
 Dicam  plane  Imjeratorem  Vomimtm/edmcrecommimi,  fed  quando  non  cogo>\  ut  Vombwm 
 Dei  vice  die  am.  Concluding  thus  :  Nullum  bomtm  fub  ex •■eptione  per fon  arum  admini- 
 flramus,&c.  lidemfumm  Imperator  thus  qui  &  vicinis  nofxru :  Male  enim  zelle,  male  fa- 
 cere,  male  diccre}  male  cogit  are  dequoqitam  ex£quovet.imur,&)uodcunque  non  licet  in  ImA 
 per  at  or  em  ^id  nee  in  quenquam'.qnod  in  neminem,  eoforfitan  magis  nee  in  ipfnm  qui  per  deitm 
 tantus  eft,  &c.  From  which  it  is  evident,that  the  Ghriftiansdid  not  deibe  nor  flatter 
 theirErnperours  more  then  was  meet,  and  deemed  they  might  not  relill  them  one*, 
 ly  in  fuch  cafes  where  they  might  reiift  no  others,  and  fo  by  confequence  lawfully 
 refift  thenuwhere  it  was  law  full  for  them  to  reiift  other  private  men  who  did  injuri- 
 oufly  aflault  them. 
 
 If  then  the  Roman  Emperors  were  not  the  higheft  Soveraigne  power  in  the  Ro- 
 man State  when  Paul  writ  this  Epiitle,  but  the  Roman  Senate  and  State,  as  I  have 
 cleared :  and  if  the  Parliamendnot  the  King,be  the  fuprenaeft  Soveraigne  power  in  our 
 RealniCj  as  I  have  abundantly  manifefted  5  then  this  objected  Text(fo  much  iniitied 
 on  by  our  oppolites)  could  no  wayes  extend  to  the  Roman  Senate,  State,  or  our 
 Englifh  Parliament,  who  are  the  very  higher  powers  themfelves,  and  proves  mod 
 fatall  and  dcitrwcYive  to  their  caufe  of  any  other,  even  by  their  ownc  Argument^ 
 which  I  mail  thus  doubly  difcharge  upon  them. 
 
 Firir,  that  power  which  is  the  highelt  and  moft  foveraigne  Authority  in  any  State 
 
 or 
 
j  —     ■■■,..  ,  ,  , 
 
 Warrejn point  ofLaH?  and  Qonjcitnct.  i  1 5 
 
 rkingdome  by  the  ApoftlesandourAntagonilts  o-vne  doctrine,  even  in  point  of 
 onlcicneemcithcr  may,  nor  ought  in  what  cafe  focver  CUy  our  oppolites)  to  be  for- 
 ibly  reliftcd,  cither  in  their  pci(bnc,  ordinances,  command',  iii!iruments,orr:ces, 
 >r  Armed  Souldiers,  by  any  inferiour  powers,  perfbnsoi  v.dutiocverjcfpc- 
 
 ially  when  their  pioceedingsarejmt  and  legal!,  under  ;uineof  temporal!  and  cter- 
 all  condemnation.  But  the  Senate  among  the  Romans,  not  the  Enipcrour-  and 
 lie  Parliament  in  England,  not  the  King,  really  were  and  are  the  higher  Powers 
 nd  molt  foveraigne  Authority.  Therefore  by  the  Apjldes  owne  Doctrine  even  in 
 oint  of  confciencc,  they  neither  may  nor  ought  to  be  dif  >beycd  or  forcibly  refilled 
 [1  any  cafe  whatfoever,eitherin  their  Perfons,Ordinanccs,Conmunds,In(trumentS3 
 |)rhcers3or  Armed  Souldiers,by  the  King  himfelfc,  his  Counltllurs,  Armies,  Ca- 
 aiiers,  or  by  any  inferiour  powers,  peribns,  or  Subjects  whatfocver,  eipccially 
 vhen  their  proceedings  are  jult  and  legail,(as  hitherto  tUcy  have  beene)  under  paine 
 >f  temporall  and  etcrnall  condemnation.  I  hope  the  Doftor  and  his  Cameradswili 
 low  belhrcw  themfelvcs  that  ever  they  medled  with  this  Text,  and  made  fuch  a  bal- 
 er to  lb-angle  their  owne  treacherous  cau&j  and  thole  who  have  taken  up  armes  hi 
 ts  defence. 
 
 Secondly,  that  Power  which  is  (imply  highelt  and  fupreame  in  any  State, may 
 awfully  with  good  confciencc  take  up  Armes  to  refift  or  fupprefleany  other  power, 
 hat  lhall  take  up  amies  to  fubvert  Religion,  Lawcs,  Liberties:the  Republike,  or  the 
 ult  Rights  and  Priviledges  of  the  Subjeft,or  of  this  higher  power.  This  is  our  op- 
 hites owneargumentation.  Therefore  the  Parliament  being  in  verity  the  highdl 
 iipreame  Power  in  our  State,  may  lawfully  with  good  confeience  take  up  Armes  to 
 elilt  or  fupprefle  hisMajefties  Malignant,  Popiih  Forces,  or  any  other  power  which 
 il ready  hath,  or  hereafter  (ball  be  railed  to  fubvert  Religion,  Lawes.  Liberties,  the 
 lepublike/jull  Rights  and  Priviledges  of  Parliament,  or  the  Subjects ;  and  every 
 nan  with  lafeconkL-nce  may  chearcfully  (erve  in  fuch  a  warrc,  upon  the  Parlii- 
 nents  encouragement  or  command,  without  guilt  of  treafon,  or  rebellion  e/ther 
 n  Law  or  Conscience. 
 
 For  the  third  QuelHon  ^  Whether  Tyrants  or  mjttfl  **/,  m  thy  are      Q&P- ; ' 
 
 nch)  bt  within  the  mtmdment  of  thi*  Text ,  and  not  to  be  ;\ j:\Ud  in  any  c.:'"'  I  have  fully 
 :lea  red  this  before  from  the  cccalion,  fcope  and  arguments  ufed  in  this  Chapter; 
 ■at  they  are  not  within  the  compafte  of  this  Text-  as  they  are  fuch,and  may  be  re- 
 ifted  in  their  Tyranny  and  oppreiTions  notwithstanding  this  inhibition  ;  I  fiiali 
 lot  repeat,  but  onely  fortitic  this  Pofition  with  fome  new  reafons  and  autho- 
 ities. 
 
 Firil  then^that  which  is  not  the  ordinance  of  Cod,  but  rather  of  the  Devil!,  and 
 :he  metre  iinnc  and  enormity  of  the  Governour  himfelfe,  not  of  the  Government, 
 s  not  within  theintention  or'  this  Text,  and  may  lawfully  bee  refilled  without 
 rny  viol  rridn  oficBut  Tyrants  and  unjiUtoppretfmg  Magistrates  as  they  fere  fuch,  (n)  Sec 
 WtCtij  ■  v,/.'/.y  r.:t!yr  :bc  ,  nd  their  Tyranny  and  oj 
 
 •So?ieh  enormity  of  tk  I  f;  A' truth  T^J, 
 
 granted  by  all  men  :  Therefore  they  are  not  within  the  compafle  of  this  Text,  and  '  4^' 
 
 nay  lawfully  be  fceftfred  without  any  violation  of  it. 
 
 j   Secondlv.thatv^ichisnopointof  the  Magistrates  lawful!  power  ordained  of 
 Sod,  butdiamctraUy  repugnant  teit,  can  waning  or  chisTexf, 
 
 P 
 
14  The  lawfulmjfe  of  the  Parliaments  neeejfary  defenfive 
 
 and  may  lawfully  be  refitted,  but  the  tyranny,  opprefllon,  rapine,  and  violence  o 
 lawlefle  Kings  and  Magiftrates  are  fuch,  as  all  mult  and  doe  acknowledge.  Erg 
 they  are  not  within  the  verge  and  compaffe  of  this  Text ,   and  may   lawfully  bee 
 
 refitted. 
 
 Thirdly  >all  powers  intended  in  the  Texture  not  only  ordained,but  ordered  of  God 
 -  Cd  1°  66      tnal  *1S;>  (  ^\P)?ar£w  w^h  others  obferve)f/;tj  are  circumfribed  &  bounded  with  certah 
 XVi'lkt.on  Rom.   Rules  or  Lawes  ofjufiice  and b  one fty, within  which  they  mufi  amtaine  tbemfe!ves,elfe  tbey  exor* 
 I  i.quej}.6.p.      bitatefrom  Gods  ordinance when thcypajje  beyond thefe  limit s,and become  none ofGods^  Thi 
 5S$«  the  Greeke  word  TilayyAVAi^  (which   Arias  Montanm  and  others  render.,  ordinate 
 
 and  the  Margin  of  ourEnglHhBibleSj  are  ordered  of  God  5)  doth  fufficiently  wa 
 rant  being  coupled  with  the  fubfequent  limitations  •  For  rulers  an  not  a  terrourtog 
 jvorkes,but  to  evill,&c.  tbey  are  Gods  Ministers  attending  continually  on  tbU  very  thing.  No 
 the  Tyranny  and  oppreflion  of  Kings  and  other  Rulers,  are  meere  exorbitances! 
 arbitrary  illegall  actions,  exceeding  the  bounds  of  jufticeand  honefty  prefcribed  by 
 the  Lawes  of  God  and  men.  Therefore  not  within  the  limits  of  this  Text,  and  re- 
 fiilible. 
 
 Fourthly,  it  is  generally  accorded  by  all  Commentators,  that  though  the  lawfull 
 power  of  Princes  or  other  Magiftrates  degenerating  unto  T}'rants,be  of  God,  and 
 not  to  be  reiitkd  •  yet  theTyranny  it  felfe,  andabufe  oftbitpon*.  f'G 
 
 and  the  vice  oftbe-perjms  mcly,  not  of  the  Power  itfelfe:  whence  t  t  ely 
 
 ■  rants  are  not  within  the  meaning  of  this  Scripiure. So  Origen,Pa  1       r/,  wit!: 
 
 others  on  this  Text  \  and  Zuinglim  moft  exprefly  Explanatio  Anu\  41.  Torn,  1 ./,  82 
 23.  where  hecomplaines,  thatma??y  Tyrants,  cbeate9fteale>  rob,  fay,  plunder,  and  a 
 tempt  anytbi'ng  againfi  their  fubjc&j  tooppreffe  them  5  affuming  a  pretext  and  tayle  of  their 
 malice  from  this  Text  of?  aid.    Yea  Dominicus  Soto,  Cajetan,  P^rer jus,  and  other  Popifh 
 commentators  on  this  place  obferve  •  that  Parti  addes  this  Epithet, of  bicker  or  excelling 
 powers  (omitted  by  him  in  other  parallel  Texts)  ofpurpofe  to  exclude  Tyrants,  who  are 
 m  excelling  Lords ,  nor  lanfull  Towers  *  reigning  oft  times  by  Gods  permijjwn  for  the  peoples 
 pimifbme?it  •  not  by  bis  ordination  for  their  good :  and  blame  B?i:cr  for  faying,  th  at  Tyrants 
 power  is  from  God,  as  if  be  were  ihs  author  of  finne  and  Tyranny. . 
 (p)  Sett,  2.       Xhis  then  fully  anfwers  that  abfurderrour  of  Do&o  (/?)Fenze,wherein  all  his  force 
 is  placed  :  That  the  Powers  in  Pauls  dayes  wbich  he  here  prohibits  to  reffl^  werefubveriers  of 
 that  which  w as good^and the  Reman  Emptrors  Tyrants:  where  he  fbtufhly  confounds  the 
 tyranny,  lufts,and  vices  of  the  Emperors  perfons,  which  were  dctettable,with  their 
 fo\Grimftcn9    p0werit  fdk,  which  was  good  and  commendable  •  as  if  the  Imperial!  power  its 
 mtm^lrmat    ie^c  was^a   becaufe  Nero  was  \\\.andivas(q)  therefore  juftly  condemned  to  death  by  the. 
 Vfilaterranus,  '  Roman  Senate ^as  a  publikc  e?ie my  to  the  Roman  State,  though  th?y  approved'and  con-- 
 Sfeedzndo-       tinned  his  jutt  fmperiall principality,  which  laiied  in  fuccerhon  for  many  hundred 
 rhers  in  his       yeares  after  his  cenfiire,  death.   To  which  I  fhall  one!y  adde  ■  that  though  Nero 
 (V;Ashe  dorh  kimfelfe  were  a  Tyrant,  yet  the  Roman  Senate,  and  all  their  Inftricur  Offces  were 
 Phil. 4,2 •.  Aft.  nct  Tyrants ;  many  of  them,  no  doubt,being  juft  and  upright  Magiftrates.    The 
 15. v.  10, 1  j,     Precept  therefore  being  thus  in  thegencrafi,  and  the  plural!  number,  Let  every  foule 
 i2r,c.26.^ix.     be  jiibfttt Unto  the  higher  powers  •   norperfonall  ;  let  them  be  fubj:&  to  Nero  ;  or  ipe- 
 2?'  )9     **     Cla^»  to  the  Roman  Enfperour  (wjfom P, aul no  doubt  world  have  (r)fpccijied,   had 
 ii?Lu£t'i!e.    ^e  ^QCUx]h  intended  t'ieny.s  our  oppofites  fondly  dreame;)we  may  fafely  conclude, 
 23.*.  Afts  11 !    that  the  Apoiile  intended  it  onely  of  lawfull  powers  and  Magiftrates,   not  of  Nero* 
 sV.17.7.  or 
 
lYarreym  point  of  Law  and  C  *o?ifcicncs.  1 1 5 
 
 t^crTyrants:And  writ  this  to  Chriftiani  onely#to  whom  hecbdicat<  -  this  EpJ- 
 
 !i-,witiie(Tc  Ch.  I.  Y.y.T<  at  Rome  beloved  ojGody  called  to  bt  Saint  t9&t»fk  >  I 
 
 Pagan  Romans,  as  the  Doctor  dreames,to  whom  lie  writes  not]  much  the 
 
 %on:  .''    v   re  then  the  fovcraigne'power}  and  then  uldbce  (ubj 
 
 to  no  other  I  Selves.    Precepts  of  obedience  to  children  at*  m* 
 
 cvw:  not  ta  fuch,in  point  of  fubmiffioti  or  obedience; 
 
 For  the  foui  th  Qncre  :  Whether  Kings  md King  t  m  ibeGo  .'-      Queli 
 
 \utio>.  >      '-'    re  ordinance  9  inft tinted  Jure  bnmsMO  ?  or   I 
 
 vim.  ■  ?  Is  a  neccdary  conl.'derable  qucition  grounded  on  this  Text,  and  very 
 
 need  full  to  I  edifcufTed  to  clcare  the  prcfent  com  row 
 
 Sonic  o'     1  are  (b  intoxicated  with  the  divinity  of  by,   as 
 
 :onfidend  iincfatibeefficiemcdufeofrvjaUMmarcbkaUpimerifoi  •   ,    .  j. 
 
 yjcti;  power  or  regalt  Authority  from  the  people ^  but  from  Gud 
 
 mone;  1  of  Kings  v.  not  a  kitmane.but  a  divine  pon\r^  of  wbicbGod  onely  if   Appcalccoihlc 
 
 ibtti  people  due  not  nuke  the  King,  hut  G  cicncc,^. 
 
 d  authority  be  bath  from  Gad.    That  the  King  hati  tint  n  arid   ll 
 
 Utts  by  way  of  trufi7  Lift  from  Godyfrorn  whom  he  hath  bit  kingd  me  md  |Ubicflion. 
 ilatry  andoppreJJion3  be  breads  not  the  trnftrcpofedbi  him  by  bit  Sub* 
 
 have:  committed  nothing  TO  HIS  M»-»»  •• 
 
 CH  \RGE,    hut  tifoa  onelyPicc.    For  proofe    whereof    they  produce  F 
 15.  By  me  King? reigneyiJan.  a.  21.  God  removed;  Kings  and  fettethnf  Kings ^  Dan.  ^ 
 wj.l^.Tbemoflbigbrttletb  in  the  kingdomc  of  mcn>  and  gird h  it  ;  -  <;  willy 
 
 in d  -  it  the  bafeft  of  menjwith  Hof,  1 3 . 1 1 . 1  Sam.  1  o.  1 .  Jer.2  7.536,-,  Ija\  4 5 . 
 
 2.  and  other  Texts. 
 
 To  anfivcr  this  qucition  diftinftly ,  and  diflipate  thefegroffe  erroneous  Paradoxes-       ^ 
 ve  mufl:  diftinguifti : 
 
 Fifftj  bettfrcchcfiovcrnment  it  fife  in  genersHyHxid  kingly  or  other  kindes  of  govei  n- 
 ncnt,  in  rpcCiall.(asourQppoiltes^iftiiiguifl]  bctweenc,a  Sabbath,  and  the  Sabbath  • 
 he  firft  they  (ay  is  moi  all  and  of  divine  inltitution,  the  later  nor,) 
 
 Secondly,  betweene  the  Rcgall  power  of  Kings,  the  perfons  invefted  with  • 
 rower,  the  manner  of  obtaining,  and  the  administration  of  their  power. 
 Thirdly,  of  Gods  manner  of  infbUuting  and  ordaining  things;  which  is  twofold, 
 mmediately  by  himfelfe,mediately  by  others.    And  theft  institutions  of  both  k: 
 ire  eitlier  universal],  extending  to  all  places.  Nations-,  or  particular,, 
 bmeCountries,and  Nations  onely,and  not  others;  Perpetual]  for  eve 
 all  onely  for  (omelet  time  :  Immutable,  not  capable  of  the  lead  alteration  ;  or  niw- 
 rablc,  and  that  either  at  the  pleafure  of  God  onely  j  01  at  the  will  of  imn,\\  hen  they 
 hall  fee  juttcaufe,either  in  part  or  in  whole. 
 
 Fourthly,  in  whatfcverall  fenfes  things  may  be  faid  to  be  of  G 
 pe&ofhis  owne  immediate  mftitution*   Secondly,  of  hid  general]  or  f\\ 
 nands.   Thirdly,  of  his  generall  or  fpeciall  dijpoling  provid<  ithoutany  (pfr 
 
 :iall  inltitution  or  command.    Fourthly,  of  his  approbation  of,  aflent  unto,  and 
 Netting  on  themeere  irtititutions  of  men.    Fiftly,of  his  pennilllo;. 
 
 To  apply  thefe  dhlin&ions  to  the  prefent  occafion, 
 
 Firlf,  it  is  clcarc,that  power  and  government  in  general]  are  Gods  owne  inMituti- 
 011;  who  as  he  hath  appointed  [  in  the  great  fabrich^of the  world  a(t)  certain?  confront  Vv.  ;<5 
 
 P  2  me 
 
Ii6  Tfolalrfulnejfeof  the  (parliaments necejfary  defenfiye 
 
 forme  of  government  and  fob  or  din  n  ion  of  one  creature  to  another)  fo  he  hath  for  the  goo 
 of  mankinde,  appointed  that  there  (hould  be  feme  forme  of  government  or  othc 
 among  men  in  the  world  ;  which  in  refpeft  of  families  hee  hath  fpecially  and  uni* 
 (A  Gen. 1.16.  verially  decreed, («)  as  th.it  the  wifcfoculdbe  fubjeft  to  the  hwband,  the  children  to  thepa< 
 Exod.2o.i2.  rent  s}  the  fervent s  to their  m. if lcrs*  but  in  regard  of  Commonweales,  or  Nations,  he 
 Eph:f.S.i,2.$  jiatn  ]efc  jt  arbitrary  and  indefinite,  leaving  every  Nationand  Country  free  Jibert. 
 * ;  2^*»4<°c  to  cleft  ftich  a  publike  politike  forme  of  governments  themfelves  fnould  judgi 
 4*1,1.  I  Tim.  moft  expedient  for  their  publike  good,  and  that  mutable  (iince  all  humane  thin_ 
 6.  i,  2.  1  Per.  are  fo)  as  they  (hould  fee  juft  occalionj  not  prefcribing  any  fempiternall,  immutabl 
 218.  c  3.1,  \  forme  of  government  to  any  particular  Nations,  Regions,  much  leffe  to  all  th 
 ?**-•  world. 
 
 Secondly,  government  in  generall  being  thus  of  God,  but  thekindes  of  it  th 
 leftarbitrary  to  mens  inltkution  and  free  eleftion*  the  particular  governments! 
 ftitutedbyany  Nation  for  the  better  regulating  of  their  lives,  the  preservation  o 
 humane  fociety, and  advancement  of  Gods  glory, may  be  truely  laid  in  fome  fenie 
 to  be  of  God,  though  initituted,invented  by  men.  Not  becaufe  Gcd  himfelfedidim 
 mediately  ordain  or  preiaibe  them  by  fpeciall  command  to  all,  or  any  one  people 
 or  becaufe  God  himfelfdid  immediately  ordaineor  prefcribe  them  by  fpeciall  cor 
 mand  to  this,all,or  any  one  people :  but  becaufe  hee  by  his  generall  or  ipeciall  pr 
 vidence  did  direft  this  Nation  to  makechoyie  of  fuch  a  government,  or  gave  the 
 wifedome  to  invent  and  fettle  it,  as  moft  commodious  for  their  republike,  till  they 
 fhould  fee  caufe  to  alter  it  :  or  becaufe  he  bleffed  and  approved  it,  when  invented 
 and  received  by  them. 
 
 Thirdly,  Kingly  powers, Kingdomes,Kings  (the  things  now  in  queftion)are,an 
 
 may  be  faid  to  be  of  God,  and  ordained  of  God,  in  bo  other  manner  or  fenie,  then  a 
 
 otfeer  particular  Governments  or  Magiitrates  are.    For  this  Text  of  the  P^oman 
 
 {peaking  onely  of  the  higher  powers,  the  powers  that  are,  and  of  Rulers  5  as  doth  that 
 
 I  \  j0fephut       place  of  Titw  3.1.   And  the  Text  of /V^.8. 15, 16.  (fo  much  relied  on  by  the  ob- 
 
 Amiq.  jhd»l*\*  jeftors)  extending  as  well  to  all  fubordinate  Rulers  as  Kings-  witneifethe  fubfeauent 
 
 frt£«robu  Si-    WOrds,    Bj  me  Kin?sreigne,  andTrinces  decree  juftice  :  by  me  t  rimes  ruh  AND    N  O- 
 
 ^%JrJ^m.  BLFSj^ALL    THE  JUDGES   OF   THE   EARTH-  (that  is,  all 
 
 *?'/*.'        '  Magiftrates  whatsoever)  it  cannot  but  be  yeeldcdahat  all  and  every  lawfull  kinde  of 
 
 fej  AnftouVo-  governmental!  la  wfuli  Rulers  and  Magiftratcs  of  what  fort  foever  are  of  Gods  orali 
 
 lyuL  i.&j.Po"   ration,  and  his  ordinance,  as  fane  forth  as  Monarchies  are ;  and  what  is  truely  arrir- 
 
 ^»    £&  6-'   m:° 'e ^^ ane^ °* tl"e otQer to°- 
 
 &n!L» J  c'a- '  Thefc  generalls  thus  premifed  as  indubitable  5  I  fay  fir;!  of  all :  That  Monarchy  or 
 tal  '.  QloriA  regal!  power  &  no",  of  G)d,  nor  yet  Gods  ordinance  by  way  of  immediate  divine  inftitution  ot 
 M*ndi  pars9  5-  fpeciall  corn  mand  from  Gods  ownefree  motion^  our  oppoiites  affirme  it- 
 Cmftd.uVh'lt'  por  g^  QQi]  hirnfelf  never  immediately  inftituted  a  royall  Monarchical!  govern-* 
 ment  in  any  Nation  whatfeever,  no  not  among  his  owne  people-  whofegovcrn- 
 Vtriddrih  cm  ment  was  at  firlt  (j)  ¥  aurnatt  and?  atri  archie  all  -,  next  Arifiocraticall  5  then  Regally  not 
 IjitFortefctte  by  Gods  immedi.it  e  in  Hiiution  and  voluntary  defignafcton  'put  by  the  peoples  ear?iefl  importunity ', 
 c.  9. 13.  If*  contrary  to  the  food  liking  of  Qod  and  Samuel,  as  is  evident  by  1  Sam  c.  o.and  Q> 
 TidSo-     ™d  10>and  ■  l-H^  8-  V  and  the  Appendix. 
 
 •nour^t.i.c.       Secondly ,(^z)AU  Pdviciam,and  Hift.-rians  grant  jhat  the  originall  creftion  of  all  Monar- 
 ^l  >4»S«  chks  w*m  either  by  tbe\*tf.esj\  ee  confim  and  ordination  3  or  by  tyranny  and  nfurpathn  5  or 
 
 b 
 
 u 
 
Warrey  in  point  ofLaTb  and  Conjcience.  §17 
 
 tycmskeft;  none  by  divine  inititution  or  ipcci.il I  command  from  God  :  And  it  nnift 
 
 needs  be  fo,becauie  mofl  (a)  kjngdomeJ  wei  e  frhnitm  ly  tnOtd+bL  Fag  tn  N  tt$  mj  (a)  Gen.  14. 
 
 vrl Stattfyjvbii tnun  bUW^td\  t#  among  Cbriftisn  States  fiwee  Ipec'ull cam*    iSam.85. 
 
 munis  and  Rcvehti  •  iceafid?  which  if  our  oppolitcs  deny;  I  fhall  dclirc   s':/^n'  > 
 
 them  toinftance  in  any  one  Monarchy  in  the  worId,in(H  tuted  immediately  by  God   Z4rt %^!9 
 himfclfc,  orbyfpeciall  command  horn  his  ownetiec  motion:  Till  this  bedonc,all   See  rhe  Ap- 
 their  alterations  will  be  accounted  fabulous.  peart*. 
 
 Thirdly,  if  Rcgall  power  be  Gods  ordinance  by  way  of  divine  immediate  inlli- 
 tution  and  command  ;  then  this  inititution  of  Rcgall  Monarchy,  with  the  fcvcrall 
 JPrerogatkves,and  boundaries  of  it,  would  appcare  in  fome  Text  bf  Scriptn 
 chis  government  would  be fpechHy  and  perpetually  prefcribed  either  to  ail,or  fome 
 particular  Nations  by  God  himfclfc.  But  this  inihttition  5  with  the  gcncrall  Pre- 
 rogatives and  bounds  of  Rcgall  Authority,are  no  where  extant  in  Scripture,ncither 
 this  forme  of  government  therein  prefcribed  ,  but  left  arbitrary  to  all  or  any 
 Nation  in  particular,  for  ought  any  man  can  demonltrate.  Thofc  Texts  which  con- 
 cerne  the  Kings  of  the  Israelites  in  point  onoveraignty,andPrerogativc.being  ju- 
 iiciall  one!y,and  peculiar  to  that  Nation,  nor  morall,  or  extending  unto  other?.  * 
 rhereforeit  is  not  Gods  ordinance  by  way  of  divine  immediate  institution,  or 
 command. 
 
 Fourthly,  ifit  wereof  divine  ordination  inthisfenfc  5  then  thcRegall  power  and 
 authority  of  all  Kings  and  Monarchs  in  the  world  ihould  bee  equall,  yea  the  very 
 fame;  and  therefhould  beno  different  kindeof  Kings  •  as  the  divine  authority  of 
 all  Minhters  (being  ofGodsowneinltituticn  by  one  and  the  fame  commilfon)  is 
 oneancfthe  fame  :  But  the  regall  power  and  jurifdi&ion  of  all  Kings  and  Monar- 
 chies in  the  world  is  not  equall  nor  the  fame  5  for  fome  have  farre  greater  authority 
 then  others ;  there  are  many  different  forts  of  Kings  in  the  woi  !d,/W  oxiely  annually 
 others  for  life,  other j  hereditary^  others  at  will,   (kpnfible  at  the  peoples  j.\ 
 
 they  ojfended^Such  were  the  Kiti^s  ofthc(h)Va;idallsi/2  Africk  ff  the  (c)GotbeJ  fa  Suaim-,   ( t  )  r 
 cum  ipfos  depontttht  poptli  qu  'ties  difplicui  fjentifach  the  Kings  ot  the  Herttli  (Pro-,  ,t  ;n< ,   '  '•*  *d.  /.  r . 
 Gothicorum)  Of  the  Lombards,  ?.i.u:t<  V/.ir?uj',e  lij.^  &  6.  Of  the  Bur?muih)i>yAm-  (pA'r 
 mums**9ll.lib.2%.0£thtJkf&ldavij7Lt)  Lamicbuj  Chakoc.vidyLif  .  the  Ring  of  jfgadii   £~".  "ff'lf'   ' 
 among  the  Africans,  Joamis  Le\lib,y.  Of  the  $£uadi  and  Jdzygttijn  excirptis  T>idnii)  d 
 with (iindry others  hereafter  mentioned.)   Some  elective,  others  fucceft've,  fome  Ll  c>}-(  5*. 
 conditional!,    others  absolute,  as  I  have  plentifully  mentioned  in  the  .         t        ~2* 
 Therefore  they  are  kiot  of  divine  ordination  in  the  objectors  fenfe. 
 
 Fiftly,  IfKingSwere  of  divine  ordination  in  this  fenfe,  then  their  kingdomes 
 and  people  upon  their  Elections,  Inltitutions  and  Coronations  could  not  fairly  pre- 
 scribe any  conditions,  oathesor  covenants  to  them,  upon  promife  of  performance 
 whereof  they  onely  accept  of  them  to  be  their  Kings,  refilling  elfc  to  admit  them  to 
 roignc  over  them  •  andfuch  condition-,  oathes,  covenants,  would  be  ir.ee re  nulli- 
 ties, fince  men  have  no  power  at  all  to  detract  from  Gods  owne  divine  inltitutions^ 
 or  to  annex  any  conditions  or  rdftrifttorrs  to  them.  But  our  :.  ■  nifti  them- 
 fclves  dare  not  averre,  that  kingdoines  and  Rations  upon  their  Kings  Corona- 
 tions, Inltitutions  and  elections  may  not  hwfullvprefcribe  conditions,  oathes,  and 
 limitations  to  them,  upon  proiri/e  of  rxrio---vancc  whereof  they  onely  Submitted 
 
1 1  8  The  lawfulnefjeof  the  Parliaments  necejfary  defenjhe 
 
 to  them  as  their  Soveraignes/it  being  the  received  pracYife  of  our  ownc,  of  all  or 
 (e) See  pa>t  u  molt  other  Kingdomes  whatfoever5  efpecially  ele&ive  ones,  and  confirmed  by  di- 
 p.<$t.Mj6.  E-  vine  Authority,  2  Chron.  10. 1.  to  19.  Therefore  they  are  not  of  divine  mfiitutioii 
 &*'  n    :       in  the  objected  ienfe. 
 
 cFiL  Sixthly^.  All  (/)£j»M'c>v  and  m&it Or 'tbodoxVivincs  deter mine,  that  Kings  haze  m 
 
 C$%.Scehl^  other  ji'fi  or  Imjitll tifatt  Authority,  but  that  which  the  Lawes  and  cuitomes  of  their 
 p.t.&ftrtl*   Kingdomes  allot  them,  and  that  the  Law  ondj  nukes  them  Kings,  from  which  if  they  jj  ^ 
 PBS-  exorbitMc:!\,  beiome  Tyrants >  andceafeto be  Kings,    Their  Royall  authority  therefore!  ^ 
 
 is  of  humane  iruHtution  properly,  net  Divine;  from  their  people,  who  both  elect,. 
 
 conititute  them  Kings,    and  give  them  all  their  regall  Authority  by  humane  Lavves 
 
 enacted,  not  from  God  as  the  onely  efficient  came. 
 
 Seventhly,  All  Kingdomes,Monarchies,  Policies,  are  mutable  and  variable  in 
 
 5 
 
 ! 
 
 themfelves,whilethey  continue  lucivjea,  temporary  and  alterable  into  other  formes 
 of  Government  by  publicke  content,   it  there  be  jmt  caufc  5  without  any  inmicdiate 
 
 1 
 
 to 
 
 command  cr  alteration  made  by  God  himfelfe,or  his  divine  authority :  There  being 
 no  pofitive  Law  of  God  confining  any  Nation,  (  whofe  humane  earthly  condition 
 is  (till  variable.)  to  a  Monarchical!  or  any  other  conftant  forme  of  government  on- 
 ly, much  lefle  for  perpetuity  without  variation.    Therefore,  they  are  not  of  divine  . 
 mititution  in  this  feme. 
 
 '   Ei^htly,    St.  Pc/t-r  ocprefiTely  defines  King's  and  Monarchies,  in  vefpect  of  their 
 institution,  to  be  humane  creatures  ,  or  inltiuuions,  t.Pet.2. 13.  Submit  your  felveM 
 to  tvery  ORDINANCE    OF     M  A  N   for  the  Lords  ftijg  •  whether  it  be  to  t 
 King*  at  fnpreame,&c.  And  they  are  common  to  Pagans  who  knownotGod,as  wt 
 astoChruuans.Therefore,  they  arenotfmply  divine,  but  humane  Ordinances 
 
 Vl 
 the 
 
 and  immediately 
 
 Rulers,  though  the  Apoule  in  this  Text  makes  them  all  equally  Gods  Ordinance, 
 and  Divine*  "Therefore  Monarchy,  Kings  and  Kingdomes  are  not.fo.      , 
 
 Tenthly,  The  very  Text  it  felfe  feemes  to  intimate,  that  R.oyaltie's  and  higher 
 powers  are  not  of  Gcd,  by  way  of  originall  or  immediate  iniiitution^  or  com- 
 mand: for  the  Apoitle  faith  not-  that  all  powers  whatsoever  were  originally  in- 
 rMPfal.86.io  itituted  and  ordained  by  God  himfelfe  5  but,  T here  is  no  power  bin  oj  God ;  Thepowers 
 Dear.32.39.  thatbe,  are  (notweietinr'it)  ordained  (or  rather,  ordered)  of  God:  tha-t  is  5  where 
 Ifa.37.16.c44  powers  and  Governments  are  once  erected  by  men, through  Gods  generall  or  fpeciall 
 f  W°r  6  4'  providence;,  there  God  approves  and  orders  them  for  the  good  of  men. 
 fMiTitn  6.1 5  -•  If  Monarchies,  and  Kings  themfelves  be  not  of  divine  ihftitutkm,  and  Gods  or* 
 6.i5.Rom.!7.  dinance  hrthe  former  fenic,as  is  moit  apparent:Sc  Arijtot!e,F!ato,a\l  Politicians  grant; 
 14.fi?  h6.  Then  they  are  fo  onely  in  fome  other  ienfe ,  in  what  I  (halltruely  informeyou. 
 Dc1u.1d.17.  f'ir'l.,  They  are  of  God,  and  his  Ordinance,  by  way  of  imitation,  as  derived  from 
 
 0;Dcu:.i-^    q,  ,^smvneformeot*Government,  which  is  Monarchical  5  Whence  he  is  called, 
 Sam.  8:  2  i-  -   fe)Tfe  only  Godfiod  a'.um^h)  the  King  of  Kings  ^and  Lord  of  Lords. 
 
 -.12.  Secondly,  By  way  of  approbation ;  He  QiJ  approves  and  allo^ra  this  kgtde  oj Govern- 
 
 ( y  1  Sam.2  1 .  rtcdU  dr><  jrell  ft  QikrformtJ. 
 
 3?4- *K  i,ng  .1  i       Tlupaly  by  way  of  direction,  he  gives  divers  generall  (/Q  ruler  and  dinttionsto 
 
 9,SPrOv.SI.4  ***& 
 
Wtrrejn point  ofLall? and  Con/citnce,  up 
 
 £w/(  and  to  other  Rulers  and  M<  II  as  them)  ^  I  nerd 
 
 wwth.  vane  tbemfelvej)ton?ardjkim  -  (.  lT 
 
 ttfsy   bow  they  fijould carry  tbemfilves  ton  I  1  other  Rulers  iipui  -    ;  '$> 
 
 jOfernours  temporall  or  (pirituail :  in  which  feu  i  \y  faid,to  lil 
 
 jv/enu/and  iW.///;iJ  too,  qtGojd. 
 
 Fourthly, By  way  of (peci&ll  provid$i*c?6ana  inciution  j 
 bme  people  to  make  choyce  of  Kings,  and  Monarchical  rnuient^ra- 
 
 ;hcr  than  others  ;  and  to  cleft  one  man  or  family  to  that  dignity  rather  than  others, 
 r'CA  his  provide/.:      i        \ly  rules    and  fwayes  in  the  change5?,  the  efe&ioi 
 ounfels,arTaivcs  of  Mo:iarchies3Kingdomes,Kin^s3Stattiito  order  then 
 ;lory,  the  Kings,  the  Subj.cis  good  orilJ,  inwayes  oijufticcpr  Mercy 5  i 
 ientby  D-;/;.2.V2i.  c.4. 17.  25.  H»/.  13.  11.  7^.27.5,6,7.  /./..,-..  1,2,3. 
 :o  20.  P/a/.  1 10.  5 .  F/j/.  113.  7,8.  J<?£  1 2.  1 8.  to  25.  Djh.  5       .  .. . .     . 
 
 i:iftofallthefc  Texts. 
 Fifthly,  Kings  may  be  faai  to  be  of  God  and  his  Ordinal:  :e>  bi  fhcya  'and 
 
 :I  other  RttJei  ;,  Magi(l  rates  as  well  as  they,  in  refpect  of  their  rc\  reiln- 
 
 :ation  and  the  true  end  of  Government)  are  faid  to  rnd 
 
 rerents  •  to  fit  npm  Gods  Throne^  and  ought  to  rciguc*  f  ir  Gbd9  Mid  to  ruU  Gods 
 
 xoph  icc<>:.  ■        /,  rvitbjicbj.'ifiicc^tqultj^u 
 
 the>,i.    j  28.  2  Gbron.fj.  0.  Ram.  13.  4,5.  2  &  //,;.  23.  ;.  •  ~   ?~   >74- 
 
 ,  8. 15.3-18.  ipU  82^'ii  1  C./.8.5JP.32.  l.r. . . -.    .i-.r 
 
 !•  J7 
 
 Sixthly,  HI  I  and  Tyrants,  maybe  faid  to  be  of  God,  by  way  of  permhTion., 
 
 nd  of  Ordination  too,  in  reference  to  the  peoples  puniihmenc,  JjI  34.  30.  ILf,  1 3 
 11.  1  Sarpt 8. 18.  In  thde  regards  (common  to  all-other  Govern' ws  and  Iawrull 
 governments,  as  veil  as  Kings  and  Monarchies)  Kings  and  Kingly  Authority, 
 ire  dnd  may  be  faid  to  be  of  God9  and  Gods  Ordhi  tm  •  yet  not  immediately  ,ur  pro- 
 perly in  the  firfl  acccpiion,herc  refutedjxit  Co  as  that  ttill  they  are  roally  the  inftltuti* 
 3ns  and  ordinances  of  men,  of  humane,  not  divine  right,  and  authoiuy. 
 
 As  forthe  oBjeeteel  Scriptures  to  prove  King.c  -arc  7\;; ;/w.as  Psav.S.i $.1,,  m,  A'//.-/,     qi 
 IfigKifrc.     t    5  ,  they  are  of  immediate  di.  .iuition,  and  .have  all  their  au- 
 
 .hority  from  God^  not  from  the  people,  ami  may  in  no  caf.be  refilled,  cenfurcd,. 
 fepofed,  or  put  to  death  for  any  mifdemeanours  •  the  eonfequenccs  thence  in- 
 Erred. 
 
 Tanfwer,  Firft,  That  this  Text  fpcakes  oncly  of  or  ELeignf  of      Anjw. 
 
 Kings  ;  not  of  the  erecVion  and  power  of  Monarchic.  ,  and  (o  due  A;  J  2  Chfo.*. 
 
 £7.  25.c5.2c).  28.  with  the  other  ohjefted  Scriptir  >*c- 
 
 Secondly,  If  it  be  meant  of  the  rule  of  Kings;  then  true  it  is  that  good  Kings   K<  5* 
 rleigne  by  Gods  direction  ?  according  to  his  w<  ftice,  ana 
 
 x  be  enjovneJ  //•;/«•  But  then  k  is  net  trueof  wicked  Kings  am. 
 i^ey  Rdgne  by  God?  Providence  or  permiifion,.  yet  they  rule  I 
 
 jvill  as  heprefcribesthem. 
 
 Thirdly,  Ifit  be  meant  of  the  meanesand  manner  of  K  omniing  to  their 
 
 R5ngdome3,asI  conceive  it  is,  and  the  Texts  of  Pankl  pei  .wade: 
 '  True  lip :  firft.  That  jRh^q  Kings  Reigned  and  cmic  to  the  Crowne  by  Gods  im- 
 mediate 
 
120 
 
 The  lalrfulnejfe  of  the  parliaments  neceffary  defenfiVe 
 
 and  others  on 
 
 mediate  nomination  and  designation^,  &s  Saul,  David,  Solomon,  Jeroboam,  Jehu,  and 
 Hazael  did  :  But  that  all,  or  mod  did  heretofore,  or  now  doe  Co,  especially  in  Pagan 
 Kingdbmes,  is  a  notorious  falfhood. 
 
 Secondly,  it  is  true,  That  moftlawfull  Kings  in  hereditary  or  eleftive  Kingdomes, 
 
 come  to  their  Croivnes,  and  Reigne  ;  though  not  by  Gods  immediate  nomination, 
 
 yet  by  his  ordinary  or  ipeciall  providence,  (though  it  be  untrue  of  Vfnrpers,  and 
 
 Tyrants  who  come  to  Reigne  by  Trcafon,  Murther,or  other  unlawful!  meanes  5  and 
 
 CD  See  Doftor  ^°  ^Y  Gods  ( I )  permijjion  onely,  rather  than  Improvidence  :   and. then  the  fenfe  of  the 
 
 ViiJku  Par  aw,  place  is  but  this ;  That  Kings  receive  their  Crownes,  and  P^eigne  by  Gods  general!, 
 
 or  more  fpeciall  providence :  Which  I  thinke  is  the  full  and  proper  fenfe  of  the  place. 
 
 In  thisfenfeC.  Plinius  Seeundns  a  heathen  in  his  admirable  Panegyric  totheEmper- 
 
 our  Trajan,  a  Pagan,  Rhetorizeth  thus  of  him  :   Quid  enim  pr£ftabilius  eft,  aut  pul- 
 
 chrius  mwiM  Deorum,  qnam  caftut  &  fanUus  &  Diis  pmillimus  Princepj  >  Ac  ft  adhuc 
 
 dubium  fuifftet  forte  cafuque  Restores  turrit, an  aliquo  mimine  darentur,  Principem  tamen  no~ 
 
 ftrum  iiqmret  D I V I  N  I  T  U  S     CONSTITUTUM.    Non  enim  occulta  pott- 
 
 *  ApoIo£tiicw*  fiate  far omm,  fed  ab  Jove  ipfo,  coram  ac palimrepertus,  eleffw  eft,  &c.     Which  *  Tcr- 
 
 tullian  thus  feconds,  (peaking  even  of  the  Roman  Pagan  Emperours.    Jndt  eft  Impe- 
 
 rator,imde  efr  homo,  anuquxmlmperator^  inde  Poteftas  ei,    wide  &  fpiritus :   PerTteum 
 
 tantus  eft  :   So  Inn* us  Cuius  yijfu  Itomims  nafcuntur,  hujus  jujT    J  ■  Reges  conftituuntur. 
 
 .    And  Viodorus  Sku'us  of  the  JEyptians  -  E::fthna?it  non  S I N        O I  V  I  N  A   QUA- 
 
 D  A  M     PRO  VI  DE  NT  l\*,$eYvenifteadjhnmam  de  omnibus  Poteftatem :  So  the 
 
 Cm)  Vorphyr.      (  m  )  ?JJ^5  hold  this  ppinlan,  Non  okingit  cuiquam  Imperiumfnu  Dei  curajbeciali :  So 
 
 (n)  Apud  Caff-  {n)  Vitigii,  Omnisprm;:tf us ,n:a xime  ll?giui-,ad  ~Divinitatis  munera  referendum  eft  :   and 
 
 f\Un'a  Clemens  (^o)K\)mmus,t6a.  Rwcmtimitn ',  .fiens  Domini  ejje  eleffwzem.Wh'ich  Crotius 
 
 oft'Lcon-  de.jure Bdl^  r-ix^0:^.  cDi^rmrt  with  other  Authorities  -all concurring in  this,. 
 
 ftit.Ljx.17. 
 
 ThatKingsand  Empei*6ur?-arei  fuch  oriel?  by  the  felfe-fame  PROVIDENCE 
 OF  G  O  D,  by  which  they  were  men  before  they  were  Emperours ;  which  gives 
 them  no  greater  Prerogative  in  refpe&of  irrefiftibility  in  Unjutt  exorbitant  anions, 
 then  their  being  men ,  by  the  felfe-fame  providence  of  God,  gave  them  before  they 
 were  Emperours,  as  T  crtidlia7is\\'Qr&z:moft.  clczxdy  prove. 
 
 But  what  priviledge  this  alone  fhould  yeeld  to  Kings,more  than  to  any  other  Ma- 
 gittrates,  Men  or  Beafts,for  my  part  I  cannot  yet  difcerne.  For  doth  not  the  fame 
 Text  fay  of  Nobles,  Princes,  Judges,  as  well  as  of  Kings,  Prov.  8. 15,  16.  By 
 
 me 
 
 (p)  Mar.10.19 
 (q)Pfal  jo? 
 
 Princes  (  put  as  contradiftinft  to  Kings  )    decree  juftice.-  By  me  Princes  Rule   AND 
 NOBLES,   YEA    ALL  JUDGES    OF  THE   EARTH?  Doth  not 
 
 David  fay  ofall  kinde  of  Promotions  whatsoever ,  PfaL  113.  j,%.  The  Lord  r 
 the  poor  e  out  of  the  dtift ,  and  I  ifteth  the  needy  out  of  the  dunghill -y  that  he  may  fet  him  with 
 Princes,  even  with  the  Princes  of  hlspeop^.  And  PfaL  75.  5,  6.  Promotion  commeth  nei-. 
 tberfrom  the  Eaft,  nor  from  the  South  3  but  God  is  the  Jud^e  ;  he  putteth  dotvne  one  and  fet* 
 tethup <  another}  Nay,dcth  not  Chiiilinforme  us  (p)That  the  very  haires  of  our  head 
 are  all  numbred  ?  That  irro  fparrorres' are  fold for  a  farthing,  and  yet  one  of  them  pall  not  fait 
 MT.'o:}*.  pr?J.  o^tthe  ground 'without  our  F 'athers  proz  idence  ?  Yea  doth  not  every  manD  yea  every  Bird, 
 145  I4a5,*6.  Beaft,  Fifty,  Raven,  and  living  creature  whatfoever,(as  the  Scripture  (^Jexpredely  re- 
 rral.i7.*7>*S'  (blves^)   receive,  enjoy  their  LiziS^Hrnours,  Ofticcs,  Eftafes,  food,  raym?it, being,  pre- 
 
 fervation,by  Gods  jzenerall  and  ipeciall  providence,  as  weUas  Kings  their  Crownes,kii 
 Honours,  Lives,  Eftates  ? 
 
 And 
 
both  in  Tomt  ofLa^o  and  Ccnfdence.  \  n 
 
 And  is  not  the  providence, yea  are  not  the  vet)  (o)  Angels  '.f(jodywbo  are  affmimtfirm  ( o)  :/j.jo7 
 
 per Jons  With  Godrvho  accepts  not  the  per/ on  s  of 'Princes,  regards  the  rich  no  mere  then  a'cIi  io\\% 
 the  poorjort  beware  all the  workjf his  bunds)  then  k  log*  reining  by  (he  Providcnceof  1  Fcti.if. 
 God,can  otic  lelf  no  more  exempt  them  trom  refinance  cenkirc$Jdc<privr>ticns)fcr  their  Deut%  °  r7« 
 dccctlablepublikc  crimes,  then  iteiemptsai  yothcr  Ncblcs.Prinas  ,  lodges,  \fag>  ^iffi** 
 Grates,  Chrftians,  or  the meancft  fu biceps  whatsoever;  which  1  jfliall  make  good  Gal.%*.Epbic 
 by  one  moreunanfwerablc  demonstration.  There  is  nor  one  of  our  AntagonifL  but  ^cW.j,  1^ 
 Will  acknowiedge,that  Prie  r'.  sunder  the  Law,  and  all  Ministers  tinder  the  Go/pell ,   if 
 rightly  qualified, are  made  fuch  not  only  by  Gods  fpcciall  Providcnce,butlikcw  Sc  by 
 Divine  ii.fti:ution  from  God  himfclf;    Nay,  Toilet,  (ej)  iViUcty  and  many  others  on  f«)W.4« 
 this  very  Text  oft  he  Romanes,  make  a  difference  between  the  civill  and  Ecclejiafticall  K^-'S-M8©. 
 Ttegiment  and  Power  :  forthefirft  (fay  zkcy)isfo  f,om  Cod,  that  yet  the  wslitntion  caialaituGb. 
 thereof  may  bedevifedand  ulcered  by  man  ,  and  therefore  Pccer  calls  it,  the  Ordinance  rht  SMundit 
 of  man ;  but  the  (fir  it  will  Power  u  tfifnwediaPeSj  influutedby  (jod,  and  no  wayes  alte-  pars  ^CenfitLi* 
 table  or  determinable  by  man  :  *yfndti\  >  efo  c  the  Apoftle  faith  Ephef.  4..  1 1 .  He  gave  t0  8« 
 fame  to  be  ts4p>flles,fome  Prophets,fme  Evangelists  ^c.  So  that  by  their  decern:  :- 
 nation,  Minilters  are  more  Gods  Ordinance,  and  mote  j  tire  Divino,  then  Kings ;  yea 
 but  few  years  f. nee  they  all  proftficc  therrfcl vesto  be  as  much,if  not  more,  Gods  anotn- 
 *<r^,  then  Kings ;  andfotueof our  *  %Archesl Prelates  made  publike  chalhhges  inihc  *ArchbiJb»p 
 open  Court,  That  tf:  hey  could  rot  prove  th'tr  Lordly  Epifcopacy  to  £<rlurc  Divino,  Laudar.dHetJ. 
 they  would  prefently  bit?  n  their'Rochcts ,  and  lay  dorvn  their  Bifljoprichj ;  though  they  ***Ar  Iflsgli 
 never  niadegood  tbeirnron  ife>.&:    >  doubr,W^r/^fAcPope  and  his  CuprcmsAutho-  c°}fmifil*n<ini 
 nttcbe  lureDivino^  Lorijfjcwn  immediate  tnjtttfttionyde/erves  a  fagot  trt  tto Roman  (r\  sce  Ee'lar: 
 Church  i  Yet  notwithstanding  all  this  Divine  Right  andinftkution,    our  Oppoficcs  efe  Rom-  ?out+ 
 will  grant,  That  if  Popes,  Archbiftiops ,  Btfhops,l?riefts,  Min  Iters  preach  falfc  CafmtHoC* 
 HereticalldodrinesjOpprcfie,  wound,  Oay^rob,  plunder  the  people  committed  by  '''^J^'*     . 
 God  to  their  cures  ;  or  attempt  with  force  to  ftivert  Religion  ,   Laws,  Liberties ;    cr  M^,  l^m  ** 
 commit  any  capitf.il offences  y  they  may  not  or.ely  wuhfafe  cenfaence  be  rejislcd ,  repuU 
 fed  by  their  people ,  but  liltewife  apprehended ,  arr.ng>:cd}depriVed,  condemned  ,  exc cu- 
 ted,  byl*ay  fudges,  a*  infiniteeA-amplesinour  Hit  oriesmanifefr,  and  the  (sample  cf 
 Abiatharthe  High  Tries!,  1  Kings  2.  26, a  7    And  iffo  ,  then  why  not  Kmgs  as  well 
 
 \i|)|  asthey,  or  other  temporallMagiltiates, notwithstanding  any  ofihc  obicfted  Texts  ? 
 
 I J    Either  thetcforeoMr  Oppofites  muft  grant  all  Bifhops,Pricfcs,  Miniftcrs,  ye:, all  o.  her 
 J  Magistrates  whatsoever, as  irrcfiftible,  uncenfurablc^idcpiivabJejUncondemnable, 
 for  any  crimes  whatfocver,  as  they  fay  kings  ire,which  they  dare  not  c.o ;  or  eJfe  make 
 
 ! 
 
 m 
 
 ■ 
 
 Kings  as  rcfiliible  ,  cenfurable ,  deprivable,  and  Iyablc  to  all  Icindes  ofpunifihmcnts, 
 ("by  their  wholeKingdoms  confent  in  Parhamentjas  far  forth  as  they,  notwithftan^- 
 ing  all  the  former  Objections,  which  quite  fubverts  their  caufe. 
 
 Thirdly, Kings  and  Kingdoms  are  not  fo  Gods  Ordinance ,  as  that  they  (houkl  be 
 i>niverfal lover  all  the  world,  and  no  other  Government  admitted ;  or  To,  as  any  one 
 fu  Nation  whatfoever  fhculd  be  eternally  tyed  to  a  Monarchical!  Government,wuhouc 
 ^"'-JaBy  power  to  alter  it  into  an  Ariflocracy,  or  other  form,  upon  any  occafion ;  or  fo  as 
 ^Ifmaltcrably  to  continue  the  Soyctaign  power  in  one  family  alone,  as  hoc  to  be  able 
 
 if 
 Sir 
 
1 1  a  The  lawfulneffe  of  the  Parliaments  neceffary  defenfoe  JVary 
 
 to  transfer  it  to  another,  when  the  whole  State  fhall  fee  juft  caufe  :  Hereditary  King- 
 doms being  but  Offices  of  pub]  ike  truft  for  the  peoples  good  and  Safety,  as  well  as 
 *  Ftxlus  de  elective;  mod  of  them  were  elective  at  firft,and  *  made  hereditary  ontly  cither  by  vhm 
 Xege&cp.ij.  lC71$Hforpationy  or  the  peoples  voluntary  ajfents  and  inftitution,  and  not  by  any  imrne- 
 nBeOi 1 1* c"i  <k*tcdivwe  An 'hority ,  and  fo  alterable  by  their  joynt  aflcnts,  as  (/ ) Zmnglitu . 
 s.ro.  *  %  "'  (0  Buchanan y(v)  Mariana  obfervc,and the Hiftorics of mo$ Kingdoms,.the  experi- 
 (s)Explan.Ar*  ence  of  all  ages  evidence .  Which  truthsbcing  gencraily  confefTed  by  all  (at)  PolttitU 
 ticAZ.  an\yHtflorians,StatiJlsibym7nyju6'ic\ovisDi\incs,   contradicted  by  no  one  text  of 
 
 a^udTotf^  QcriPrurccn3t  I  have  met  with  which  our  Oppofites  have  objcftodhuhcrto,they  will 
 (v)DeS:\eg9&  finde  all  Monarchies  upon  the  matter,  to  be  meer  humane Inftkutions,aIterable(till 
 Regis  inftii ./  i.  by  that  humane  Power  which  did  at  fir  ft  erc&  them,  and  fubordinatcftill  thereto,  at 
 M  t§  g.  the  Creature  to  its  Creator;  and  to  be  Gods  Ordinance  oncly  in  regard  ©ffpcciallpro- 
 
 004rifl.Po!ti.  vkknce,and  the  like,  as  other  infcriourMagiftrates,Rulcrsare,  who  maybejuftlyrc- 
 tiifrl^Gen  '  fiftca,>alrcred,  removed,  cenfured,  notwithstanding  the  objected  Tc#t.  From  which 
 Mid France,  whiles  feme  men  earn  eft  ly  prefle,  that  every  foul  by  Gods  own  Ordinance,  ought to  be 
 Spain.  Hung*'  fubjetl  tofome publiks  civill  power,  (which  (y)  others fafely  desy^nce  the  Patriarks, 
 ?y, Bohemia,  the  firft  families  of  roofl:  Nations  and  Countries  were  not  fo,  and  all  Nations,  all  pee- 
 hngUnd.  plc  before  fetled  public  c  governments,werc  cre&cd,which  in  many  places  are  not  ve- 
 bcHU^aT  ry  ancicnc  5  ^ncc  tn°k  whofe  Parents  are  dead,  and  are  not  by  them  fobbed  to  a 
 c  ovaru  *  Government,  are  naturally  free;  and  none  bound  to  part  with  their  freedom  to  any 
 J^fufi.  Uluflr.  other,  unlefTethey  fee  a  necetfitie,a  great  advantage ,  and  that  upon  fueh  terms  and 
 T .1.3^,8.1.4.  conditions  as  they  deem  meet,)  they  involve  even  Kings  and  Empcrours  rhemfelves 
 Vafytries  by  Gods  own  Ordinance,  in  a  fubie&ion  to  a  fupcriour  earthly  dill  power,  to  wit;  to 
 5#»V*j  »  i  thp|r^aws>^ar^amcnts>  Kingdoms ,  (which  I  have  proved  Paramount  them  ,  col* 
 100.8.19."  lc&ivelyconfidcred,)  according  to  the  common  provexbe  {*,)  Omne  fub^Regno  gram 
 Woofers  Eulif.  vioreRegnumeft  5  and  that  of  (4)  Solomon  (concerning  oppreffing  Kings  and  Judges) 
 ToUl.i  fee.  iot  He  that  is  higher  then  the  Highefi  confiders  ^  and  there  be  higher  then  they:  And  fo 
 £•69.7°,  ?x.  make  kings  notonelyrefiftblc  by  their  whole  Kingdoms  the  fuprcme  Soveraign 
 tit  and  re  fan  PowCriDUC  likewife  fubie&  to  their  Realms  fupcriour  commands,and  uncapable  to  ht* 
 pleaded  for  dt-  fitUheir  lawfull  power  andForces  even  in  pointofConfcience,  byjvcrtue  of  this  very 
 fenfive  Arms,   Text.  And  fo  much  for  the  fourth  Queftion* 
 
 1 3  VrjU-  For  the  fifth  and  iaft,   (b)  trhat  lemde  of  r$fi fiance  of  the  Higher  powers  is  here  pro- 
 
 e^t'^'de       htbited  ?  I  anfwer  btkrly,  That  refinance  is  here  forbidden,  which  is  contrary  to  fub- 
 
 BeU'i  I1.C.4.     lc&ion  or  obedience ,  as  the  words ,  Let  every  foul be  fubjeft  to  the  higher  Power  tt 
 
 fecl.l.pM.       coupled  with  thcenfuing rcafon,  wbofoevcr  therefore refefieth  (thatis,  difobcycth,or 
 
 («)£«/«.  ?.  S.  is  not  fubie6t  to,)  the  "Power,  refifieth  the  Ordinance  efGod  ;  and  they  thatrefft  {ball 
 
 Sturf**)*      receive  to themfehs  damnation.    In  the  Greek  there  arc  two  diftin&  words  itfed, 
 
 tyf"?*'*™*  AfTman&oi,  & *r5ts*M7i€  >  the Latine,Engli(h,  French,  Dutch  ufe  them  both  as 
 
 Soto *  Majorat   onc'  wicnouc  diftindion :  The  firft  word  fignifics  properly  difordered^counter-erde^ 
 
 and  others  m  *  re^  or  ordered  agunft ,  (as  far.&ptsjvillety  and  others  obferve)  and  it-  is  thus  uicd  by 
 
 &k  Jtxt,        the  Apoftlc,  z  Thejf.i06j,i  I;  or  difobedient.i  Tim.  1. 9.   The  later  word  figniflcth 
 
 properly  to  refift^  withftand,  or  oppqfe  \  in  which  &ncc  it  is  uicd,  LMatth.  5. 30. Luke 
 
 ai.1,5.  AcIAaO.  Tsgm^AV.GjaLi.iu  2Tiwm^ti.Hebr.i?.,^  lam.+.'j.  chap,  5.6*. 
 
 j  Pet.^^t  and  applied  indifferently  both  to  zfttruuali,  corporally  and  vcr  ball  rep  fiance  • 
 
 of  the  Hely  Ghoft,  the 'Devisor  men :  Since  then  the  Apoftle  in  this  Tc#tuieth  the 
 
 Hebrew  phiafeS^UQjifcfaw,  Lttcvfrj Soul befubjettt$tfa  Higher  Pewcrs;  be-. 
 
 caui 
 
 i 
 
—  ■  -  —  ■  t  -|  I «— — __^_ 
 
 both  in  Point  of  La  ^  and  Confeience.  123 
 
 ■  i   ...  1    .  . . .. —      ■ — ■-•  ■ ' ' — ■  ■  ■  ■        ■      "       ■■*■  —    .  .  — 
 
 carufe 
 
 Power  here  prohibited  as  contrary  to  thisfubje&ion,  is  not  only  that  which  is  cor.  Pct.,l.Phi!em 
 porall  and  violeatby  forceofarmes,  as  the  Objectors  gloflc  it  •  but  that  likcwifc  14. l  Cbrom.19. 
 which  is  vwUall,  raentall,  fpirituall  in  the  fouic  it  felfc  without  the  body,  and  no  *-9r4   ■  Tim 
 morcthenameerpafliverefiftance,orwotobeying:  For  net  to  doe  what  the  higher  *-x*' ******* 
 Powers  enjoyn,  is  in  verity  atlually  torcfift,  to  withftand  them;  at  not  to  doc  the  a'ron'x^f.1 
 will ,  not  to  yceld  obedience  to  the  motions,  di&ates  of  the  Holy  Ghoft  or  de-  pfai.  100/5. 
 vilt  is  really  to  refefi  them,  even  in  Scripture  phrafe :  Yeas  corporal]  refiftance  or  op- 
 pofkion  by  way  of  force  \%  only  an  higher  degree  of  rcfiftance,  but  not  the  rncly  or 
 proper  refinance  here  prohibited,  which  relates  principally  to  the  Soule  and  Spirit. 
 For  as  corporall  forced  obedience  againft  a  mans  will  which  ftill  holds  (d)  cut,  u  ni  (d)  2  C0T4.7. 
 trueobedienctintheefteemofCjodormeniiQdiSthcvcry  effence,  lifeof  all  outward 
 obedience  confiBeth(e)  principally in  the  cheerfuU fnbmifion  or  activity  of  thefoule  (e)See(c)t>ff'> 
 0r  -vnll  1  So  a  forced  corporall  refiftance  againft  the  mind  or  confeience,  is  tn  a  man-  ^  ^'fjV' 7' 
 nertfrcfift*»ce\  and  the  very  malignity,  quinteflence  of  all  inward  or  outward  re- 
 finance, diiobcdictce,  reftsonly  in  the  mind,  foule,  will  ;  and  is  here  principally 
 forbidden,  a*  is  evident  by  the  5.  verfc  \  therefore  ye  muft  ueedsbefubje&,not  onely 
 for  wrath  ( vfhich  relates  only  to  the  body,  which  mens  wrath  can  wly  harm  in  cafe  of 
 dtfobediente,Mat \o&.)  but alfo  E OR  CONSCIENCE   SAKEt  which  prin- 
 cipally, if  not  wholly  relates  unto  the  foule,  of  which  theconfeience  is  a  chief-over- 
 ruling part.   This  then  being  altogether  irrefragable,  gives  our  Antagonifts,  with 
 Dr.  /V™,  an  ctcrnall  overthrow,  and  unavoidably  demonftrates  the  refinance  of  the 
 Higher  Powers  here  prefcribed,  tobconlyofiuftlawfull  powers  in  their  iuft  com- 
 mands or  punifhmentSj  which  we  muft  neither  corporally,  verbally,  nor  fo  much  as 
 mentally  rcfift,  but  readily  fubmittoo  with  our  very  foules,  as  well  as  bodies:  not  of 
 Tyrants  or  ungodly  Rulers  uniuft  opprcfTions  ,   Forces  ,  proceedings  to  fub- 
 vcrt  Religion,  Liwcs,  Liberties,  which  all  our  Oppofites,  all  Divines  whatfoevcr 
 grantf  wc  are  bound  in  conscience  paffively  to  refifi,  And  difobej ;  yea,  with  our 
 Tongues  ts(g)  reprehend,  and  our  Souls  andjpiritsto  oppofe%  dttefty  abhorre,  hate  in  'l)^evit-  '*• 
 the  very  high  eft  degree  0/0^7/*  ^h,  notwithftinding  this  inhibition:  And  therefore  2ViiUaiu*iria 
 by  like  reafon  arc  no  wayes  prohibited,  but  authorized  by  it,  even  forcibly  to  refift  rr$.'19.  ^. 
 to  our  utmoft  power,  have  wc  mcanes  and  opportunity  fo  to  doe,  as  the  Parliament  Ppi.*, 
 now  hath  {  That  power  and  proceedings  which  Chriftians  may  lawfully  with  good 
 confcicnce,yeaand  are  bound  to  re (ift  with  all  their  fouls,minds,tongues,thtyjuftIy 
 may  and  muft  hkewife  reiift  with  all  their  corporall  might  andftrength ;  efpecialiy 
 if  they  have  good  opportunity,  publike  encouragements,  and  meanes  to  doit,  h 
 JDeut.t.li,  iPet.  5.9.  htde  3.4.  Phil.i.  17,28.  i^V.icni;.  compared  together, 
 and  with  the  premifed  Scriptures,  fully  evidence.    But  Chriftiam  may  lawfully  with 
 good  confeience,  yea  muft  rcfift  with  all  their  fouls,  minds,  tongues,  the  fore-named 
 violent  proceedings  of  kings,  Oppreflbrs,  ill  CounlellorsandCavalecsrs,  and  no 
 wayes  fubmit  unto  them  with  their  fouls,  minds,  tongues,  left  thereby  thejjhould 
 approve  and  be  far  takers  ,with  promoters  of  their  execrable  defigacs;  therefore  they 
 mayaad  muft  with  fafe  confeience  refill  them  with  all  their  corporall  migbe  and 
 firength,  having  now  opportunity ,  a  Parliamentary  publike  command  and  Efficient 
 
 Q3  tncanes 
 
9^1  Llr     The  lawfulneffe  of  the  Parliaments  necejfary  (Dcfcnfoe  War, 
 
 — - — •■  .;...:  -J : ' — * _ '  ■■■  -  — 
 
 meanes  to  execute  it.  And  thus  ha ve  I  now  ac  laft  not  onely  moft  clearly  wrtfted  this 
 fword  out  of  the  hands  of  our  great  oppofite  gdiahf,  butlikewifc  cut  offthcir  heads, 
 and  To  routed  all  their  forces  with  it,  as  I  truft  chey  (hall  never  be  able  to  make  head 
 againe.    • 
 
 Yet  before  I  wholly  take  my  leave  of  this  TeArt^o  gratifieour  PreTaticall  Clergy^ 
 I  fliall  for  a  parting  blow  addethisoneobf£rvationmore,Thatallour(^;/'o/>^  Clerm 
 (i)  See  Tofia*  men  heretofore  {and  many  of  them  till  this  day)  notvoithflanding  the  umverfality  of  this. 
 tw,Caietan7  Text,  Let  every  foul  e  be  [ubjeB  to  the  higher  Powers  y&c.  not  only  pretended  them* 
 tuuieuuiu  La-  fe[vcst0  be  of  right  exempted  from  the  )unfdilliony  cenfures  \  taxes  of  Emperours  , 
 %m  ^uhmoA  K in gs^  and  all  C will  Magi $hratesy  (Which  priviledgcs  fome  of  our  late  Prelates  be. 
 Fopiih  Com  gan  to  revive,  as  the  late  cafes  of  Mr*  Shervill%  the  Maior  o£  Arundel,  and  fome  o- 
 a\..^*iQxs  >&  thers evidence, cenfured  for  punifliingdrunkenPriefts.*)  but  likewise  held  it  lawfull 
 ijr.'Tilktphiaii  t0  cenfure,  excommunicate,  depofe  even  Emperours  and  Kings  jhcmfclves^nd  inter- 
 Text,  fiettarm.  ^i^  their  Kingdomes ;  witnefle  not  only  the  (h)  Popes  excommunications  of  many 
 tie  Canonic  dt  Emperours  and  Kings,  by  apparant  ufwpation  andtnjury ;  butotiundry  Prelates  Cx- 
 exemptmiuiis,  complications  cf  chcirownSoveraigns  is  ofright,and  putting  chem  to  open  penances ; 
 #*  irnmmlu  zsK.SuintiHafSanchoyRamir  in  Spain^nd  others  ellwhere.of  which  you  may  read  di- 
 clencorum.  vcrs  prcfidentsin  my  appendix :  The  FMory  of(m)  SuAmbrofe his excommuni- 
 (fc;  bf.zilftns  t|n  chc  Emperour  Theodofiusfor  the  bloody  murther of  thofe of  Theffalonica.is  Co 
 tuts  L>itt{>re*M  »  r  j        r'     *  •  •  L     ,   \  • 
 
 &c.paT.z.  p.     commonly  known^  that  1  need  not  fpend  time  to  recite  it,  nor  yet  the  ( n)  excommum- 
 
 3*9*>»  /?**        cations  and  cenfures  if  our  King  John;  or  Henry  the  2.  and  3.  Suano  King  of  Den- 
 UtVtfnUi  M-  marj^  (a*  Saxo-grammaticus  records)  was  not  onely  fhsrply  reprehended,  butc*- 
 of  the  was  COmmunicatcd  in  a  moft  bold  and  iolemn  minner  by  one  of  his  Bifhops  for  his  un- 
 1  ;ci '  ~~'  cleznneffe,  and  murthering  fome  eminent  per •/ 'on s7  of  whom  he  was  jealous  ^whiles  they 
 \rJL    '  *<  were  at  their  devotions  in  the  Ciutch.    This  Bifhop  infeead  of  meeting  thisKiag 
 (w)  1  bead,  lc-  tC  when  he  came  to  enter  into  the  Church,  with  accuuomed  veneration,  clad  in  his 
 elef  fyi  i.  uc*  " Pont ifculib its,  with  his  Crofter  Scaffe,  kept  him  from  entringfo  much  as  within 
 *7,i8.5<^#»-   «  the  Cojrt  thereof;  calling  him  not  by  the  name  of  a  King,  which  he  fuppreffed,  but 
 i7,^.;4.  <<  z  jfrffMer  0fma„s  i/; 0d .  and  not  content  to  chide  him,  he  flved  the  point  of  his 
 
 VVSm.UatL  iC  Staffc  in  his  breft,   preferring  the  publike  fcandall  of  Religion  before  private 
 ?ans,Hovtdi?i  <^fociety,  not  beingigno.anr,thatthc  Offices  of  familkrity  were  one  thingjtherights 
 To'yobrm.Fab.    «<ofPrUithood  another  thing,  that  the  wickedneiTes  of  Lords  as  well  as  fervants 
 C#xt(M>p9hd0ry  «  0Ught  to  be  revenged,  nor  are  Noblc-mens  crimes  to  be  more  partially  cenfured, 
 Sto^GAf*       CC  thcn  Jgno^e  oncs  ♦  Anc^  not  content  thus  to  repulfc  him,  he  added  an  eviration 
 Spetd  Dan™'   <c  therunto  anddenounced  a  fentenccof  damnation  againft  him  in  his  prciencc/o  as  he 
 m  the  Lives  of    <f  left  it  doubtfull,  wlicther  hercpuifed  him  more  valiantly  with  hi/  hand,  or  voyce. 
 Heui.  Kaom   c<  Hereupon  the  King  confideriog  thi/  Afl:  to  proceed  from  zeale  andpubhkefeveti, 
 apd  He/u$.       <t  ty  againft  wick  edneffe,  inducing  confounded  with  the  blufh  of  his  guilty  confei. 
 ^i.mT*   o    * f  ence'  ^or^a^  any t&  rc^^  his  violence,  and  patiently  underwent,  heard  both  his  re- 
 j p  *      9>l*  9   '^pulleandrcprchention;  After  which,  this  King  layingafide  his  royall  Robes,  put 
 c<onoid  couifcapparell,  d  efiriig  rather  to  teftifie  his  farrow  by  the  deformity  of  his 
 €i  habit,  then  his  contempt  by  the  fplendor  of  it.  And  ftruck  with  fo  fad  a  fcntencc 
 "  of  the  BiflK>p,hc  wcuid  not  indurc  to  carry  about  the  ornaments  of  Royall  Mag- 
 <c  nificencc;  but  caftingawaythccnfigncsof  Regall  Majeity,  he  put  on  fack-cloth 
 **  the  badge  of  penitence ;  putting  offhis  power  likewifc  together  with  his  veftmenr, 
 *4  ajpd  of  a  kcjileg^ous  Tyrant,  became  a  faithful!  ?ev«enw  of  holy  things.  For 
 
 *c  return 
 
both  in  Toint  of  Law  andionjcience.  p* 
 
 u  returning  bare- foot  to  theChurch-porchjhe  cafthimfelfc  proflratc  in  the  entrance 
 c<  thereof,  and  humbly  killed  the  ground,  fupprebing the  griefc  which  is  woncmott 
 'Tnarrly  te  b:  infliclcd  from  comempt,  with  fhamcfac'cncflc  and  moderation,  rc- 
 '*  deeming  thefault  ofhis  bloody  rcigne  with  fhatne  and  penitence:  After  which 
 "confeflfing  his  fault,  and  craving  pardon  withtearesof  thcB  fhop,  hewasabfblved, 
 "and  then  putting  on  hisRoyall  Robes,  admitted  into  the  Church,  and  brought  up 
 cc  tothcAltar,to  the  exceeding  joy  of  the  people,  who  applauding  the  kings  humi- 
 ccliation  and  modefiy;  pius  pixnitentiapium%qttam  imperii  fccleftum  suafiffe  con- 
 t(ftfftts :  A  memorable  fiory  of  a  zealous  liout  Prelate,  and  of  a  penitent  fubnnfslve 
 wild  Prince  i  I  fhallonly  adde  tothisfome  few  domeftick  prcfidents  ofour  Welch 
 Kings  p)  TfudHrVXngof  Brecknock  for  bis  periury  and  murtherof  ^/£/J7*//,anothcr  (!)  ^*  C&* 
 Xfng  otthat  Countrey,  \v%%  folemnly  excommunicato dby  Cur  can  the  10.  Bifhop  of  c^tm   -P»ftt 
 Landaffe  and  his  C^rZJ>m  *  Synod  alTcmblcd  for  this  purpofe,  by  uncevertng  the  At-  ***\C  °f^" 
 tarsy  cafttng  the  (frofies  and  ReiicjHes  on  the  ground %  and  depriving  him  of  all  Chrtflian  Edit,lti^n% 
 commu>;$on3  Whereupon  7V udur  unable  toundergoethisraaIedi£hen  and  rigorous 
 iurt  ice,  with  a  contrite  hcarr,  and  manyceares  powred  forth,  craved  pardon  of  his 
 crimes, and  fubmitccd  himfelfc  to  the  penance  impofed  on  him  according  to  his  qua- 
 lity andgreatneffe.    (cf)  King  Clotn  flaying  Iuguallaun  treachcroufly,  contrary  to  (fSpebn  Cm:*. 
 frit  League  and  Oath,  Berthgwm  the  14.  Bifhop  of  Landaffe,  hearing  thereof,  a  iTem-  c&/t£S*>#}«  . 
 bled  a  Synod  of  his  Clergy  at  Landaffe,  zndfiUmn/j  excommunicated  the  King  with 
 all  his  Progeny  and  Kingdom,  by  ur. covering  the  zAltars%  caftwg  down  the  Crojfes  on 
 the  earthy  and  depriving  the  Countrey  both  of  B  apt  if  me  and  the  Eft rh«rift.Whci  eupon 
 the  King  unable  to  endure  fo  great  an  excommunication, with  great  dcie&ion  iubmit- 
 tedhimfclfecothe  B.fhcp,  and  leaving  his  Kingdom,  went  on  pilgrimage  into  for- 
 raign  parts  for  a  long  fpace  •  af  er  which  returning, by  the  interccffion  of  king  Mor* 
 cant9  l>c  obtained  ab'olution  from  theBifliop,towhofeenioyncd  penance  he  fubmit-j 
 ted  himfclf,conferringdivers  Lands  upon  the  Church. And  in  another  Synod  at  Lan~ 
 daffc  under  this  Bimop^ingGW^w,  for  living  inccftuoufly  with  hisMother-in-Iaw 
 wasfolcmnly  excommunicated  in  form  aforefaid ;  whereupon  he  craved  pardon^ 
 reiolvcd  to  put  away  his  Mother,  in-law,  promiicd  fati>fa<5tion  by  £•  ludhail  his  In- 
 tercevTor;  upon  wh;ch  he  was  abfolvcd,uponpromife  of  amendment  oflife,  withfa- 
 fting,  prayer  and  almes 5  after  which  he  be  (to  wed  divers  Land*  on  the  Church. 
 (r  )Houell  king  of  Gleuijfgy  contrary  ro  his  Oath  &  League^trccheroufly  ci  c.imver-  ^  l\*l?/ 
 ting  and  flaying  gallun  ,  hereupon  Cerenhir  the  18.  Bifhop  of  Landafft,  calling  a  Q0(izv\  catd. 
 Synod  ,folemnly  excommunicated  him  by  laying  all  the  crojjes  on  the  groundy  over"  efsijh.p.tia,, 
 tnrningtbe  Bells ,  taking  the  T^fiquesfrem  the  ^Itar  and  cu fling  them  on  the  groundy 
 depriving  him  of  a  11  Chriftian  communion  .under  which  excommunication  he  remained 
 almoft  Afvholeyeers fpace ;  After  which,  this  kirg  came  bare-foo  rtoihe  Biflicp,  im- 
 ploring hisabloiiKion  from  thisicntcncc  with  many  teares,  which  he  obtained  after 
 publkc  penance  enoyned.  Not  long  after  the  fame  Bifhop  and  his  Clergy  in  another 
 Synod,  for  the  like  c-rima,  in  the  felf-fame  forme  excommunicated  Ihionnc  of  Ccn- 
 blusy  till  he  came  barefooted  with  teares  and  prayed  abfolution ;  which  upon  perfor- 
 mance of enjoyned  penance,  prornifc  ef  future  reformation,  with  prayers,  fading, 
 almes,aftd  the  fctling  of  fome  Lands  on  the  Church,  was  granted  him  by  the  Bifhop, 
 So  (/)  Loumarchion  of  C^g*0™***  vrasin  a  full  Synod  excommunicated  by  CuU  ,,  s      . 
 fiid  the  ao.Bi&op  of  thi*  Sec,  fox  violating  the  patrimony  of  the  Church  \  and  kirg  [f  f    '  c£x 
 
 Q,  3  Brojb~      '  ' 
 
<*■■     _ 
 
 1 16  Tbelavfulneflt  of  the  Parliaments  nccejfarj  defence  War, 
 
 Brechuail,  with  his  family  convcnted  before  a  Sy none ,  threatned  excommunicato*, 
 enjoyned  Penance  andfatisfatfion  by  the  Synode,  for  fome  injuries  offered  to  to  CiueiU 
 *Go*u}*;c#*'  liaucth$z\\o2tid twentieth Biftiop of Landafe.  *  Mauric  Kingofof  giamorgauwa* 
 bi$fMiff.        excommunicated  by  Iofeph  the  einh  and  twentieth  Bijhop  of  Landaffe ,  for  treache- 
 rotifiy  putting  out  the  eyes  c&Etguin  during  the  truce  between  them ;  After  which  be 
 was  again  publ/keljexcemmunicatedinzSynodc,  for  violating  the  San&uarie  of  the 
 Church  Q£Land4ifef  and  hurting  fome  of  this  #*/£^rfervants;  and  not  abfol  red  till 
 he  made  his  fubraiffion,  and  did  his  Penance,  and  gave  fome  land*  to  the  Church  for 
 (u)$J*lm*ntin<  fatisfaclioa  of  thefe  offence.  Thus  (u)  Calgucam  King  of  Morganaucy  and  his  whole 
 2™  T™%*%     family  wcrcfolemnly  excommunicated  by  Hercwdd  the  nine  aod  twentieth  Bijhop  of 
 Gtdui**iditti.  L«*dafe  \n  a  Synod  of  all  hjs  Clergy,  oncly  becaufc  one  of  the  Kings  followers  being 
 f  .ytt.  drunk,  laid  violent  hands  upon  Bathutss  the  Bifhops  Pbyfitian  and  Kinfman  on  florift- 
 
 masdiy,  Anno  1056.  whereupon  all  the  Creffts  and Relieves were  ca ft  to  the  ground, 
 the  Belts  overturned,  the  fourth  doors  flopped  up  with  thorns ,  fo  as  they  continued 
 wit  ho ut  a  Pafior  and  Divine  Service  day  and  night  for  a  long  fe a/on  ,tiH  the  King 
 (though  innoccntj  fubmitted himfelf to  the  Bifbop  ;  and  to  obtain  his  abfolutionj 
 gave  Henringuinna  to  him  and  his  Succeflbrsfor  ever/ree  from  all  fecular  and  royall 
 (*)Mat.?ar*n  Services,  in  the  prefenceof  all  the  Ckrgie  and  people.  $o(x) ^chard  th*  tenth  Bifhop 
 H^Mfi-7M  Q\  Sanger,  excommunicated  *David  ap  Lheweltn  yVr'mcc  of Wales ,  for  detaining  hk 
 P .537*547.     '  Mother    Grffitb  prifoner  >  contra rie  to  bis  Oath  ,   repairing  to  him  upon  the 
 Bifhops  word  for  his  fafe  return ,  who  never  left  vexing  him,till  he  had  delivered  him 
 up  to  to  the  King  ofSnglands  hands,  Ma*y  fuch  presidents  of  Prelates  cenfuring  and 
 excommunicating  their  Kings  occur  in  Storie,which  for  brevity  I  pretermit;  oneiy  "/ 
 ty'Antlp.Ei-  ^a^  mr~orm  you,that  (y)lohn  Stratford  Archbidiop  of  Canterbury  jn  the  i^.ycar  of 
 ebf.Bul.  f  i4j.  K,€dw.% ,  contefiing  with  this  King,and  excommunicating  diversof  his  followers,  and 
 sre  tt'dtfingh,    all  the  infringers  of  the  ChurchciLiberties^rcfumed  to  write  thus  unto  his  Soverajgn* 
 H  ifl-Angl  p .      There  are  two  %  hivgs  by  which  the  world  is  principally  governed  ,  The  J acred  Pontifi- 
 2  3  *  ^  H4.       call  authority,  and  the  royall power ,  of  which  the  Prtefihood  k  by  fo  much  the  more 
 weight j ,  ponderous  >andfublime*,by  how  much  they  are  to  give  an  account  of  kings  them* 
 J elves  ^t  the  D  ivine  audit :  *slnd  therefore  the  kj»gs  Majefiy  ought  to  kgew  ,  that  you 
 ought  to  depend  on  t  heir  judgement  %  not  they  to  be  regulated  according  to  your  wi&»  For 
 who  doubteth  that  theprieftsof  Christ  are acceuntedtke  F ATHERS  tyfND  MA- 
 STERS of Kings 3Princes,and all faith full Chrtftians  f  Is it  not  known  to  be  apart  of 
 miferable  madnefe,  if  the  Jon  fbould  endeavour  to  fub jugate  the  Father,  thefcrvant 
 the  mailer  to  himfelf*  The  CanenicaU  authority  of  Scriptures  teslifietb  ,  that  divers 
 Pontiffs  have  excommunicated ,  fome  of  them  Kings ,  others  Smperours  :  i/fnd  if  you 
 require  fomewhat  inJpeciaUoftheperfons  of  Princes ;  Saint  Innocent  fmote  the  Ernpe* 
 tour  Archadiu*  with  the  /word  of  excommunication,  becaufe  he  confented  that  Saint 
 J ohnChryfoftom  fbould  be  violently  expelled from  hie  See.  Lileewife  Saint  Ambrofc 
 Archbifiop  of Mitlain Jor  afault  which feemednot  fo  humous  to  other prieffs \excomm 
 municatedthe  Emperour  Theodofius  the  great  :  From  which  fentence, having  fir  ft 
 given  condtgnefatisfacion,  he  afterwards  deferved  to  be  abfolved  ;  and  manyfuch  like 
 examples  may  be  atleaged,  both  more  certain  for  timey  and  nearer  forfUte*  Therefore 
 no  Bijhops  whatfoever  neither  may  nor  ought  to  be  pumjbedbj  the  fecular  Power, if  they 
 chance  to  offend  through  human  < 'frailtie  :  For  $t  is  the  duty  of  a  good  and  relieieut 
 *Prince  to  honeur the Pricfts  of  God^anddefcndtkcmwitbgreattsl  reverence, in  imU 
 
 tMieu 
 
both  in  Point  ofLawandConfcience.  \^y 
 
 tationof the  Pious  prince  of  most  happy  memory,  ConRinunefaying,  when  thecaufe 
 ofPneslswas  brought  before  him  y  You  cannot  be  judged  by  any,  to  wit3  ofthefecuUr 
 j*^»j#vvhoarerefervedtothciudgementofGod  alone ;  according  to  the  affertion  of 
 the  Aposlle  (very  ill  applied)  frying,  The  (prttuall  man  is  iudgedofnoman^l  Corinth. 
 a#I$-  (Not  meant  of  Bifhops  or  Clergie-men,  bat Saiiw alone,  endued  with  Cjds 
 Spirit,  n&t  oijudgingm  courts  of  iuftice,  but  of dtfcerningfpirttuaH things, and  their 
 ownfpirituallE(tatcs,as the  Content  rcfolvcs.j  Thus  and  much  more  this  Prelate 
 whonotwichftandingthistc.vtof  the  Romanes,  pleads  an  ewemptien  of  ell  Bifhops 
 andPiicftsfrornthc  kings  fecular  power,  by  Divine  Authority  ,  and  arrogates  to 
 Pricft  and  Prelates,  a  judiciary  lawfull  power  over  Kings  themfelves,  to  excommuni- 
 cate and  cenfure  them  for  their  offences.  And  to  descend  to  later  times  ,  even  fincc  the 
 the  Reformation  of  Religion  h«rc  ,  John  Bridges  Dan  ofSarum,  and  BifkepofOx- 
 fort^scn  in  his  Book  intituled,  The  fupremacy  of  Christian  Pnncet  ever  all  per -font 
 thorowout  their  Dominions^  maHcaufes  fo  wcHEcclefiaslicall  as  {piritttall y  printed  at 
 London,  1573.  ?•  1095. writes  thus  ;  Butwho  denies this  (  M launders)  that  a  godly 
 Bifbop  may  upon  great  and  urgent  ocr  tfjom,  if  it  /hall  be  neceffary  to  edtfie  Gods  Church 
 amdthere  be  no  other  remedy  yfl'e  to  thu  lasl  cenfure  of  Excommunication  AGAINST 
 A   WICKED    KING  ?  Making  it  a  thing  rot  qucfcionable  by  our  Prelates  and 
 CJcrgie,thatthrymay  infucha  cafclawfully  excommunicate  the  King  himfelf:  And 
 Doctor  Bilfen  Bifhopof  JVmchesler/m  his  True  difference  between  Chriftian  fub- 
 ieltion and  unchriftian  Rebellion,  dedicated  to  Queen  Elizabeth  her  fclf,  printed  at 
 Oxford^  I595.  P.trt.^.Page^6^to  378.  grants,  T^**  Emperours,  Kings  and  Prin- 
 ces,may  tn  fome  cafes  be  8  x  communicated  and  kept  from  the  Lords  Table  by  thtir 
 Bifhops;  and  grants  ,  That  with  Heretickj and  Apoftatet,  be  THEY   PRINCES 
 t>r  private  men #  no  Chriftian  P after  nor  people  may  (fommunicate  :  Neither   findc 
 I  any  BiQiop  or  Court  Doctor  or  the  contrary  opinion,  but  all  of  them  readily  fub- 
 fcribe  hereto.  If  then  not  oncly  the  ill  Counfellors  and  Inftrumcnts  of  Kings ,  but 
 Kings  andEmperoursthemfclves^may  thus  notonely  bclawfu  ly,iuitly  reiiliedjbuc 
 actually  fmitten  and  excommunicated  by  their  Biihops  and  Clergy  ,  with  the  fpiri-- 
 tuallfword,  for  their  notorious  crimes  and  wic-kednefles,  notwithftanding  this  inhi- 
 bition; (which  *  ^*/w*»*>*thcEnnperourconfc{£cd ;   zn&thctefoie  defired  y  that 
 fuch  a  Bi/hop  fhculd  be  chofen  and  eletled  in  Mitlatn  after  Auxentius*  as  he  htm-  'Thtod.Ecc'tf 
 fe If  might  really  and  cordially  fubmit  to  him  x»d  his  reprehenfion/,  fincehemufl  fome*  B'&lj^f*  Jt£> 
 times  needs  err e  as  a  man ,  as  to  the  medicine  of  fouls ;  as  he  did  to  Ambrofe  ,   when 
 he  was  elccled  Bif*op  there ;  )    why  they  rmy  not  likewife  be  refilled  by  tbeir  Laity 
 in  the  precedent  cafes  with  the  tcmporall  fword,  and  fubjexSted  unto  thcccnfurcsofthe 
 whole  Kingdoms  and  Parliaments,  tramcend*  my  fhaliow  apprehension  to  conceive, 
 therebeing  as  great ,  if  not  greater,  or  the  very  lelftfame  reafon  for  the  lawfulneflc  of 
 the  one,  as  ef  the  other.    And  till  our  Oppofuesfhall  produce  a  fubftantiall  difference 
 between  thefc  cafes,  or  diiclaim  this  their  practice  and  do&rine  of  the  lawfulncflc  of 
 excommunicating  Kings  and  Emperoun/hey  mutt  give  me  and  others  Jibcr  ty  to  con- 
 ceive, they  have  quitclofl  imd  yecldcd  «p  the  caufe  theyaiow  contend  (or,  nocwith- 
 ilanding  this  chief  Tcvt  of  Romavtsij*  thegrcuod  of  all  their  ftrengtfeac  full,  but  Objeft.  ic, 
 tK>w  of  tbeir  ruine.  <* )Dr  Tvrn 
 
 The  tenth  (x)ObjeBion  is  this, that  of  1  Pet.  2,iztl*,lis,l6.  Submit  jour  felvej  * **£•  Ag'Al 
 S*  ivtry  ORDINANCE-  pF   MAJSfor  tb§  Lords fak**  whether  $t  be  to  m£       i 
 
 THE- 
 
96  The  lalvfulnejje  of  the  Parliaments  neceffary  de fenfire  War, 
 
 The  King  ^AS    SVPREAME,  or  unto  g0vtrnoursy  as  unto  them  that  are/eat 
 bj  htm  (to  vrtty  by  God,  nottheKing,  asthediftributionmamfefts,  and  Rom.  If* 
 1»  29  3j  4*  )  For  t^e  p*'>nJhr»ent  °f  eVl^  doers,  and  for  the  praife  of  them  that  doe 
 well,  &c.  Feare  God  y  Honour  the  King;  wee  mule  fjbmit  to  Kings  and  hcnxir 
 Kings,  who  are  the  fupreamGovernours;  therefore  we  may  1n  no  cafe  forcibly  re- 
 fift  them  or  their  Officers,  though  they  degenerate  into  Tyrants. 
 rA*fn>.      To  which  I  anfvvcf;that  this  is  a rnecrinconfequentjfince  chefubmilfion  here  injoyned 
 is  but  to  i\ic\\K\np,who  are  f  unifiers  of  evUl  doers^and  praijkrs  of  thofethu  do  well  • 
 which  the  Apoftle  makes  the  Gtound  and  motive  to  fubmirfioii ;  therefore  this  tc.vc 
 extends  not  to  Tyrancs  and  oppreffors ,  who  doc  quite  contrary*    We  muft  fabmit 
 toKmgs  when  they  rule  well  and  julily,  is  all  the  Apoftle here  affirms;  Ergo  wee 
 muft  fubmit  to,  and  not  rcfift  them  in  any  their  violent  courfes  to  fubvert  Reli- 
 gion, Layves,  Liberties  j  is  meer  non-fence  both  in  Law,  Divinity,  and  common 
 Reafon. 
 Iteplj.        If  any  reply,  asthey  doe,  that  the  Apoftlc,verf.  18,  19,  20.  Bidsfervants  fa  fub. 
 j eft  to  their  Uttafters  with  all  feare,  notoneljto  the  good  And  gent v fe\  but  alfo  to  the 
 froward  .•  For  tht4  is  thankworthy y  if  a  man  for  confcience towards  God  endure  grief e 
 f*ffering  wrongfully ,  &c.  Ergo  this  is  meant  of  evill  Magiftrates  at  d  A'ings,  as 
 Tjinfw»      •5"  as  g°°^.   I  anfwer  t.That  the  ApoftJcs  fpcaks  itonely  of  evili  Mailers  not 
 Kings;  offer  vants,  notfubjecls ;  there  being  a  great  difference  between  fervants, 
 Apprentices,  Villaines, and rW  borne  fubie£rs,as  ail  men  know,  theone  being  un* 
 der  the  arbitrary  rule  and  government  of  their  M  aftei  s  ;  the  other  only  under  the 
 ;uft  ,fetled3legall  Government  of  their  Prince5,according  to  the  La  wes  of  the  Realme: 
 Secondly, this  is  meant  oncly  of  private  perfonall  injuries,  and  undue  corrections  of 
 Matters  given  to  fervants  without  h  ft  caufc,as  vcrf.  20.  Forwhat  glorjuit^  if  when 
 yee  be  B  V F  F ET E  D    F  O  R  jour  fault /,  &c.  intimates;  not  or  publike  in- 
 *Seeneb.\i     iur^e$andoppre!Iions  of  Magi  ft  rates,  which  indanger  the  whole  Church  andState. 
 io%Mditi)rf\   AChnftianfervantor  fubie&  muftpuientlyenduie  private*  undue  corrections  of  a 
 j9,4<>.  froward  Maftcr  or  King ;  Ergo  whole  Kingdomes  and  Parliaments,  muft  patiently 
 
 without  refinance  fuffer  their  kings  and  evili  Inftrumenrs  to  fubvert  Rciigion^Lawes, 
 liberties,  Realms,(thc  proper  deduction  heen)  is  bit  a  ridiculous  condufion. 
 
 Secondly,  This  TcAt  enjoynes  no  morefub/ection  to  kings,  then  to  any  other 
 ^fagifcrares;  as  the  words:  Submit jour  J elves  T O  EVE'BJ  01RVI2^AACE 
 ofCMw,  Orttnto  GozerxorS)&c*  prove  paft  a  U  contradict  ion  ;  And  verf  6  whick 
 bids  us,  Honour  the  King-,  bids  usfirlt  indirect  tearmes,  HONOVR  ALL  MSK '• 
 to  wir,  *s4U  CMagislrates  at  leaft,  if  not  all  men  in  general!,  as  lucb  :  There  is  thea 
 no  fpeciall  Prerogative  of  irrefifrabjlity  given  to  kings  by  this  Te.vt  in  in/urious 
 violent  courfcf,  more  then  there  is  to  any  other  M*.  gift  rate  orperfon  whatsoever; 
 God  giving  no  man  any  Authority  to  in/urc  others  without  refinance,  efpecially 
 if  they  afTault  their  pcrionsor  invade  their  Eftates  toruine  them:  Since  then  inferiour 
 Officers,  and  other  men  may  befoicbfy  refiftcd  when  they  actually  attempt  by 
 force  to  ruine  Religion,  Lawcs,  Liberties,  the  republikc,  a;  1  haue  proved,  and  our 
 Antagonifts  muft  grant;  bythefelf-famereafonkingsmiyberefifted  too,  notwieh- 
 fianding  any  thing  in  this  Text,  which  attributes  no  more  irrefutability  or  authority 
 toKingSjthcn  unto  other  Magnates.. 
 
 Thirdly, 
 
both  in  feint  of  LaTt?  and  Cwfciwce . 
 
 Thirdly,  Kings  arc  here  cxprtflycalWj  AN  ORDINANCE  Oh 
 MAN*  not  God  ;  as  I  have  formerly  proved  them  toba.  If  fo ;  I  tbtn  appeal  to 
 the  consciences  of  ourfierceft  iifts9  whether  they  do  bcleeve  in  their conici- 
 
 tnccs,or  darctal  e  t  heir  Oitius  upon  it ;  That  ev<.r  any  people  or  Nation  In  the 
 world,  or  our  .  inceflors  at  firit,  did  appoint  any  Kings  or  (Jovernours  over  tl  em,  to 
 fiibvcrt  [leiigioo,  Laws,  Liberties ;  or  intend  to  give  them  fuch  an  unlimited  uncon- 
 troulable  Sovereignty  over  itocm ,  as  not  toprovide  for  their  own  fafety ,  or  not  to 
 take  up  Arms  againlt  them,  tor  the  neccfTary  defence  of  their  Laws,  Liberties,  Reli- 
 gion, Perfons, States, under  pain  of  high  Treafbn,c;r  eternal  1  damnation,  in  cafe  they 
 rhould  degenerate  into  Tyrants,  and  undertake  any  fuch  wicked  deftractive  defigne. 
 If  not  (  as  none  can  with  ut  madnefle  and  impudence  averre  the  contrary ,  it  b.ing 
 again(t  all  common  fence  and  reaion ,  that  sny  man  or  Nation  fhould  fo  abiblutdy, 
 kftfifrably  inflave  them(elves  and  their  Posterities  to  the  very  lufts  and  exotbiran- 
 sics  of  Tyrants,  and  tuch  a  thing  as  no  man,  no  Naron  in  their  right  fence?,  were  they 
 at  this  day  toerc&anuft  abfoIuteMon3rchie,wouldcondvfcendtc;)then  clearly  the 
 Apoftle  here  confirming  ondy  thj  0<dina?ices  of  meny  and  giving  no  Kings  norRu- 
 hrs  any  other  or  greater  power  then  men  had  formerly  granted  them  ( for  that  h  d 
 been  to  alter 3  not  approve  their  humane  Ordinances)  I  fhail infallibly  thence  in- 
 ferre ;  Tbat  whole  Stares,  and  Subjefts,may  with  fafe  confeience rcfift  tbeunjuft  vio- 
 lence of  cheit  Kings  in  the  forcfaM  cafes ,  becaufe  they  never  give  them  any  autho- 
 rity irrtinhblytoac^them.noryetdeveftedtfKmfelves  (rnuchkflfe  their  pofterity 
 whom  they  could  nor  eternally  inflave )  of  the  righr,ihe  power  of  refilling  thera  in 
 fuch  cafes  5  wham  they  might  juftly  refilt  before,  whiles  they  were  private  men,  and 
 as  to  which  illegal!  proceedings  they  continue  private  per(bnsitill,fincc  they  haven© 
 lcgall  power  given  them  by  the  people  to  authorize  any  fuch  exorbitances. 
 
 Fourthly,  The  fubjection  here  enjoyned,  is  not  pa(five,buc  active,  wfcnefle  ver.x  5. 
 Far  foist!  ervlli  of  God^tbatbj  WELL  DOING  ( to  wit,  by  your  actual!  cheer- 
 full  fitbmijfvn  to  every  Ordinance  of  mm  for  the  Lords  p^r.  &£<)  you  pit  to  filence  th 
 ignorance  of  fvolifl?  men  :  as  free,  and  not  tiJiK^ your  liberty  &:.  It  then  this  Text  be 
 meant  of  active,  net  pafTive  obedience;  then  it  can  b-  inrenv'ed  onJy  of  lawful  1 
 Kiogs,  of  Magiftrare*  in  their  j  lft  commands,  whom  we  mufta&ually  obey ;  not  cr 
 Tyrants  aiad  OppnfT  urs  in  thtfr  unjult  wicked  proctcdingc,whcm  wc  are  bound  ia 
 fnch cafes  actually  to  difubey,  as  our  Antagonists  grant,  and  I  have  largely  evi- 
 denced elf.  where:  Wherefore,  ft  directly  commands  refinance,  nntfubjc&ion  in  fuch 
 cafes;  fir.ee actual  1  difobediencc  to  urjufr  commands ,  is  aelua'l  refitting  of  then* 
 And  chat  thefe Texts preferring  reliance  rsciteIy,(hou!d  apparantly  prohibit  it  un- 
 der p.in  ofTre.)fbn,Rcb:llion,  Damnarion,  is  a  Paraiox  tome. 
 
 Fifthly  j  This  Text  doth  no  way  prove  that  (alfc  conceit  of  mofr,  who  hence 
 conclude:  That  all  Kings  are  the  Supream Powers,  and  above  their  Parliament, 
 and  whole  Kingdom?,  even  by  Divine  inflitation  :  There  is  no  fuch  thing,  nai  Lha- 
 dowofitin  theTt?X% 
 
 Tor  firft,  ThisT:xc  calls  King*,   not  a  Divine,  bur  Humane  0  dminct^  If      J. 
 tben  Kings  be  the  Supreameft  Power,  and  above  their  Parliaments,  Kingdoms, 
 h  is  not  by  any  Divine  Right,  but  by  Humane Ordiu jthn  cnely,  as  the  Ttx:  re- 
 vives. 
 
 Secondly,  This  T<x:  preicribss  not  any  Divine T  aw  to  a!!  or  any  particular  State?;      j  [# 
 
 R  BQf 
 
13°  1  he  laTbfubieJfe  of  the  Parliament  f  neccjfary  de fen  five  Way, 
 
 III. 
 
 nor  gives  any  other  Divine  or  Civill  Authority  to  Kings  and  Magi  ft  rates  in  anv 
 
 State  then  whit  they  had  before ;  for  if  it  ftiould  give  Kings  greater  Authority  and 
 
 Prerogatives  then  their  people  atfirfl:  allotted  them  ,  it  fooul  i  alter  and  invade  the 
 
 fettled  Government  of  all  States ,  contrary  to  the  Apoftles  fcope ,  which  was  to 
 
 leave  them  as  they  were,  or  fhould  be  fettled  by  the  peoples  joynt  confent :  It  doth 
 
 not  lay.  That  all  Kings  in  all  Kingdoms  arc  ,  or  ought  to  be  Supreame ;  or  It  them 
 
 be  fo  henceforth :  no  fuch  inference  appears  therein.    It  fpeaks  not  what  Kings 
 
 ought  to  be  in  point  of  Power  •  but  onely  takes  them  as  they  are,  (according  to 
 
 that  of  Rem,  1 3.2.    The  Powers  that  ARE,  &c.  to  wit,  that  are,  even  now  every 
 
 where  in  being,  not  which  ought  to  be,  or /hall  be)  whence  he  faith  •  Submit 
 
 Comrron'weal  t0  ^ K'mg  **  Jufreame :  that  is-  where  by  the  Ordinance  of  man  the  King  is  made 
 
 Li.c.i*  U.c.$.  fnpreame;  not,  where  Kings  are  not  the  fupreameft  Power;  as  they  were  not 
 
 HugoGrotUt&de  among  the  (a)  ancient  Lacedemonians,  Indians,   Carthaginians ,  Gothes ,  Araqc- 
 
 yticMl\\.\*e,ynians ,  and  in  moft  other  Kingdoms,  as  I  have  (b)  c  If c  where  proved  :    To  ar- 
 
 ^Amat^L^   Sue  therefore,  Wemuft  fubmit  to  Kings  where  the  people  "have made  them  fu- 
 
 (b)Part.i.&tn  Rpuncj  Erg*  All  Kings  every  where  are  and  ought  to  be  fupre&me  fore  Jii 
 
 the  Apptadsx.     ( as  our  Antagonists  hence  infenrs)  is  a  groffe  abfurdity. 
 
 Thirdly,"  This  Text  doth  not  fay  ,•  That  the  King  is  the  fupreame  foreraigne 
 Power,  asmoftmiftake;  but  fupreame  Governour,  as  the  next  words  ;.  atGc- 
 vcrneurs,  &c.  expound  it  ;  and  the  very  Oath  of  Supremacie ,  1.  ElU.  Cap.  i. 
 which  gives  our  Kings  this  Title,  Supreame  Governour  within  thefe  his  Realms. 
 Now  Kings  may  be  properly  called  SupreameMagiftrates  or  Goyernours  in  their 
 Realms,  in  reipe<5t  of  the  acluall  adminiftration  of  government  and  juftice,  (all 
 Magiftratts  deriving  their  Ccmmiffions  immediately  from  them ,  and  doing  ju- 
 ftice,  for,and  under  them  :  )  and  yet  not  be  the  Soveraign  Power  ,  as  the  Romane 
 (c^Bsdin.  Empcrours  ,  the  Kings  of  Sparta,  Arragon^  and  others;  the  German  Emperours, 
 Common-weal  the  Dukes  of  Venice  in  that  State ,  and  the  Prince  of  Orange  in  the  Nether4andt9 
 Uf.lJ.i.c.io.  wrere  and  are  the  Supreame  Magistrates  ,  Governours  ;  but  not  the  Snpreame  Se- 
 veraljne  Powers  ;  their  whole  States ,  Senates,  Parliaments  ,  being  the  Suprea- 
 tneft  Powers,  and  above  them -y  which  being  Courts  of  State,  ofjuftice9and  a  com- 
 pound body  of  many  members,  not  alwayes  conftantly  fitting  ,  may  properly  be 
 (tiled  ,  The  Supreame  Courts  and  Powers  •  but  not  the  Supreame  Magistrate  or 
 Governour  :  As  the  Pope  holds  him felf,  the  Supreame  Head  and  Governour  of  the 
 Militant  Church  ;  and  the  Arch-Bifbop  of  Canterbury  ftiles  hirnfelf,  the  Primate 
 and Mstropclitane of  aH England  ;  and  fo  other  Prelates  in  their  Provinces;  yet 
 they  are  not  tke  Soveraigne  EcclefiafticaU  Power ,  for  the  King ,  at  leaft  Generall 
 C  ounce  Us  or  Nationall  Synods  (  w7hich  are  not  properly  tearmed  Governours,  but 
 f.  Pcwrrs)zre  Paramount  thQiri^ndmay  lawfully  cenfure  or  depofe  themfiSl  have  (d)elfe- 
 
 {.}r    .j. p.  °*  wheremznif&cd.    To  argue  therefore,  that  Kings  are  the  higheft  Soveraign  Power, 
 becaufe  they  are  the  higheft  particular  Governours  anJ  Magistrates  m  their  Realms, 
 as  our  Antagonists  do ;  is  a  meer  Tallacie,  and  Inconfequent ,  iince  I  have  pro- 
 #  t_        ,1     ved  (e)  our  own,  and  mef}  other  Kin  cs  ,  not  to  bet  lx  hi?  heft  P  ewers  ,  though  thy  be 
 Appendix.         the  Sufreameft  Governours. 
 
 fourthly,   This  Text  fpeaks  not  at  all  of  the  Romane  Emperour  ,  neither  is 
 I II L       ]r  meant  of  him  ,  as  Dcclour  En  n*y  with  others  miftake  ;  who  is  never  in  Scrip- 
 ture ftiied  a  King,  being  a  Title,  extrcamly  odious  to  the  Rowaws,  and  for  ever  bam/bed 
 
 thir 
 
both  in  /  Latt>  and  Conjcivnce* 
 
 St  ttt  witb  an  (f)  O.ub  of  cxtcratmjy  m  ancient  L  m\\w  memory  whefeof  thoy 
 Htfiitnttda  fptcisllannuaUfes^  en  the  23.  of  February  ^  called,  (gj  Regifagjwn  •  rf^ 
 tbc  hatred  ot  which  Title  continued  (uch,  that  Tulj(b)  and/  >  ^*n<f^.  pc,  J" 
 
 Roma  poJ\i\jcji(c  Dli  ntc  famines  cj]c  patiantttr ;  And  (f)C*far  himfelf  being  /-- 
 
 ■  by  the  mnltitn  iting  ft  »>*  wr;  difiafifull  to  tie  States s  ai.iwered,  *'•'"/  <'•  1 
 
 C&SAREAt   S£9  NO  N   ^  REG  EM  ESSE  :    which  Title  of  C*/fe,  Sddem  1  hfci 
 
 f  not  ICng)   the  Scripture  ever  ufetb  to  expreife  the  Empcrour  by  :  witnefle  ^c'zX&i' 
 Mattb.22. 17,21.  Mark  12.14,16,17.  Luke  2.1.  chap.20. 22,24,  25.  chap.23.2.  p7j, 
 John  19.  12, 15.    Ac-ts  11.28.  chap.  17. 7.  chap.25»8, 10,11,12,21.  chap. 26. 32.  (H;/qpfrCf». 
 ch3p.27.24.chap.28. 1 9.  Phil.4.22,   Which  Texts  do  clearly  manifeft,  that  no  Title  Vil,t*-  .... 
 was  ever  irfcd  by  the  Apoftles,  Evangelilts,  Jewes,  toexpreffe  die  Emperour  by,  but  y^tarchl 
 ihitoi  C*far9  not  this  of  Kwg.     Therefore  Pctov  Text,  fpeaking  onely  of  tha  ctfvj&m 
 King,  not  Ca?far ,  cannot  be  intended  ol  the  Romane  Empcrour ,  as  ignorant  Do-  Grimftoa  m 
 &ors  blindly  fancie.  kkfl* 
 
 Fifthly,  This  Epiftle  of  Peter  (the  (k)  Apofilc  of  the  Jews)  was  written  ovelj  to  the  y# 
 
 dijperfed  Jews  thoroivcnt  Pontut9  Galatia^  Cappadocia^  A  fa,  and  Bjtbinia^  1  Pet, 1. 1,  (fc)  Gal.i.j.l. 
 ozerwbom  Herod  at  that  time  reigned  as  King  ,  by  the  Rssmane  Senates  and  Emperours 
 appointment  3  wbob.id  tben  conquer edtbe  Jews  9   and  madctbem  a  tributarie  Province^ 
 as  is  evident  by  Matth.  27.  17,21.    Mark  12. 14, 16,17.    Luke  20.  12,24,  25. 
 chap.23.2.     A&s  17.  7.  chap.  25. 8,  io,  11,12,  21.   chap.  27,  24,   chap. 12. 1. 
 1024.  compared  together ;  and  by  (I)  Jofepbtu,  the  Century  writers,  *Saronius^  Si-  (\)  Ant,  Jul  L 
 gonius ,  and  others.  The  King  then  here  mentioned  to  be  fupreame,  was  Herod,  or  17'c:\1'l;1*+% 
 King  Agripp a  9  or  fome  other  immediate  (m)  King  of  the  Jews ,  who  was  their  fu-  pj'^/^'^f 
 preameGovcrnonr,not  abfblutely,  but  Qt)  under  tbeRomane  Senate  and Emperours,  (01)  Max.j  i.c! 
 and  made  Jobytbcir  appointment ,  whence  called  in  the  Text;  an  Ordinance  of man,  27.i1.Adt  15. 
 notGod:  Now  thisKingof  the  Jews  (as  is  evident  by  Pauls  Appeal  to  Ctftr  i**4-**cafc 
 from  Feflus  and  King  Agripp* ,    at  to  the  Soveraign  TribunaU ;   Afts  2  J.  and  26.  J*f\*?!?\  j 
 by  Jefepbw ,  Pbilo  Jtidxw  de  Ugatime  ad  Caium9  and  the  content  of  all  Hiftorians)  t,j#tolp, 
 was  not  the  abfolureSo^eraigne  Power,  but  fubordinate /<?/&*  Romane  Emperoter  and  John  1 5.1  r. 
 Senate  ,  (oj  »7;<?  botb  creaiedy  and  bad  power  to  control]^  remove^and  cenfurebim  for  bU  (o)  iof.de  Ld. 
 mifdemeanours ;  yet  Pt/<rr  calls  him  here  Supreame ,  becaufe  the  Higbejt  Governottr  un-  '**  * ■  c,!  0t 
 der  them,  as  we  Rile  our  Kings  f  p)  Supreame  Governours  under  Cbrift.    There-  LVsccVhc 
 fore  having  a  Superiour  Governour  and  Power  over  him  ,  to  which  he  was  account-  Appendix, 
 able  and  fubordinate ;  Supreame  in  the  Texr,  cannot  be  meant,  of  a  King  abfbluDe- 
 ly  Supreame,  having  no  Power  Superiour  to  him,  but  God  5  but  onely  relatively 
 Supreame,  inrefpeCtof  under-G  >vernours,  there  actually  rcfidi:,g  :  whofeSupre* 
 macie  being  forcibly  gained  onely  by  conqueft ,  not  free  confenc ;   (  and  the  maeai 
 native*  KinQQi  the  Jews  %  bcin^  infer  tour  to  tbeir  wbole  Senates  and  Ccv^r  editions,  *  ^ehc^n^ 
 and  to  do  at  by  tbeir  advice ,  as  Jojephus  Antiq.  Jnd.  lib.  4.  cap.  8.     r,  Sam.  1  8.  J*f*JJJ5 
 3,4.  Jer.  38.4J.   1.  Chron.13.1.  to6.aiteft)  will  no  way  advantage  ourOppo-  Kcp.r.xl?.;.i?i 
 iices,  nor  advance  the  Prerogative  of  Kings;  fince  it  extends  onely  to  the  King  of  id. 
 the  Jews  that  then  was,  who  was  not  (Imply  Supream,  but  a  Subj\6t  Prince  fob- 
 erdinate  to  tbe  Romane  State  and  Empire  ,   and  one  appointed  by  a  Conquerour, 
 not  fteely  chofen  and  ^fDnted  to  by  the  people.    So  as  all  the  Argumer.t  which  cm 
 hence  beextrafted  for  the  abfolute  Sovaraigntie  and  irrefiitibility  of  Kings  over 
 tfeir  whole Kingdomes  and  Parliaments,  is  but  this.    The  "king  of  the  Jms  was 
 
 R  2  in 
 
1 5  i        The  Uwfulnejje  of  the  Parliaments  necejjary  defenjive  lFar, 
 
 in  Peters  %'mz  the  Supreme  Magiftrate  over  that  Nation,  by  the  Romane  Somes 
 and  Emperours  appointment;,  to whom  yet  he  was  fubordinate  and  accountable  • 
 thj  Romanes  having  conquered  the  Jewes  by  force  ,   and  imp  fing  this  govern- 
 ment  upon  them,  without  their  confems.    Therefore  the  Kings  of  England  3  and 
 all  other  Kings  are  abfolute  ^overaigne  Monarches,  Superiour  to  their  whole  Par- 
 liaments and  Kingdomes,  colkftively  confidered ;  and  may  not  in  point  of  con- 
 ference be  forcibly  refilled  by  them  ,  though  they  endeavour  to  fubvert  Religion, 
 Laws,  Liberties :  How  little  coherence  there  is  in  this  Argument ,  the  fillieft  childer 
 may  at  firft  difcern. 
 CydTion  11  *        From  tbefe  Scriptures,  Id'efcend  to  Pveafons  deduced  from  them,  againft  rcfift- 
 Bwflv'^l  ance3which  I  (hall  contract  into  three  Arguments :  The  firft  is  this;  Qc)  Kings  are 
 Anan&lul'*  the  Fathers  ?  Head:?,  Lords,  Shepherds  of  the  Common  wealth ;  Ergo,  Theyoughn 
 tfcyfonfeicne*,  not  to  be  refilled  in  any  their  exorbitant  proceedings ;  it  being  unlawful!,  unfeemly, 
 and  many         for  a  Son  to  refift  his  Father  5  the  Members  the  Head  $  the  VafTals  their  Lord  $  the 
 •there.  Floc'^their  Shepherd. 
 
 Anjrveri.  To  this  Ianfwer:  Firft,  They  arc  Fathers  3  Shepherds,  Lords,  Heads,  onejy 
 (r;iSam.24.  in  an  improper,alIegoricalI,  not  genuine  Qikq;  therefore  nothing  canvthence  be 
 17.  I  ft  49  2 1  properly  inferred :  They  are  and  ou^ht  to  be  uach  in  refpeft  of  their  (y)  loving  and 
 ^^■787273.  eyeful!  affection  toward;  their. Subjects  1  not  in  regard  of  their  Soveraigne  Power 
 G^i.t^Estck  °ver  t^3em  :  Therefore  when  their  Tyrannic  makes  them  not  fuch,  in  regard  of 
 34  2.  to  iS.>  *  care  and  affection  to  their  people;  their  people  ceafe  to  be  fuch ,  in  regard  of  filiall, 
 joh.io.^.coip.  naturall,and  fheep-like  fobmiflion  :  When  thtfe  Shepherds  turn («)-/raz/*/$the{e  Fa- 
 fz;Ezek  22.27  tbers ,  Step-fathers ;  the  Subjects,  as  to  th»,.ceife  to  bethe't  Sheep,  their  Children,  in 
 «.jPAtt.2o*29.  P°hit  °f  Obedience  and  Submiffion. 
 
 2.  Secondly  #  If  we  confider  the Common-k'weil  and  Kingdom  colleftively  5  Khigs 
 
 *fPet.2i$.     are  rather  their  Ki«g^«J  children  then  Parents  ,  bzcxxxfe*  created  by  tbent,  their  p;ib» 
 
 (ajRoouiS^.  We*  ferv ants  ,  mhijlers  ,  for  whofe  benefit,  tbey are  imply ed,  and  receive  Q*)  [wages } 
 
 n:t  their  Soveraigne  LorJs  3  their  fubordinate  Heads,  to  be  directed  and  advifedby 
 
 them,  Hot  Tyrannically  to  over-rule  theraat  their  pleafure*  Therefore  Paramount, 
 
 and  able  in  fuch  cafes  to  refift  them* 
 
 5,  Thirdly .  Parifhioneis  may ,  no  doubt,  lawfully  refift-  the  (b)  falfe  Doftrinc* 
 
 (b)  i  John  io.  and  open  affiults  of  their  Minifiers  ,  though  they  be  their  SpiritmU  Shepherds  j 
 
 1 1  Citizens  the  violent  oppreflions  of  their  Mains ,  though  they  be  their  Politique 
 
 (c)Lie&y,M  Heads :  Servants  the  unjuft  admits  of  their  Mafters ,  though  their  lawful!  Lords  j 
 
 I?  I  i^6°He    (  n^°  ""9  (  c  )  no*  B*ifoJe  their  very  ViUaines ,  by  Law:  )    And  if  Parents  will 
 
 (<\)L  n^Gciu  violcntlyaffault  their  namrall  children,  Husband>  their  Wives ,  Mafttrs  their  Scr- 
 
 &ittr3eiii.    vanes,  to  mwther them  without  caufe,  they  may  (d)  by  Law  refift,  repulfetbem 
 
 Mjvxtf.  with  open  force. 
 
 4«  Fourthly,  A  Son  vtho  is  a  Judge,  may  lawfully  refift,  imprhon,  conderanehis  na- 
 
 turall  Father  $  A  S  r/antjris  Lord  $  A  ParlfiVioner  his  Paftour ;  a  Cit'zen  his  Major ; 
 a  meec  Gentleraan3the  greaceft  Peer  or  Lord?  as  experience  proves ;  becaufe  they  do  ic 
 in  another  capacity,  as  Judge*  and  Minifters  of  publike  Juftice ,  to  which  all  are  fub- 
 ie&.  The  Parliament  then  io  this  fence,  as  they  are  the  reprefentative  Body  of  the 
 KcaUn,fii)t  private  Subji-fta,  f  and  their  Armies  by  their  authority )  nny  ,  as  they  are 
 the  hiftheft  Sov crate n  Power  and  Judicature ,  refift  the  King  and  his  Forces  ,  though 
 fc  bated*  Father  j  Head,  b.tepherd;  Lord-:  as  they  are  private,  caeaw 
 
both  in  To'mt  of  Lay?  and  Confcknce.  I  ^3 
 
 fifthly,  This  is  but  the  common  exploded  Argument  of  the  Popifh  Clc: 
 
 To  prove  rbemjelves  (uptriour  to  Kings ,  ftfroht  all  fecular  jurifditlien,  be- 
 
 v  trejpiri  -  is  to  Kin  rs  ;  W/./>  ought  t  9  ob:y,  net  j  %  '    , 
 
 andeenfure  themes  ()Archbifh.  Stratfora'ftnd  others  argue.  But  this  plea  is  no  ways  (t)  A*t'iq  r.c- 
 
 avtilable  to  exempt  Clergymen  from  LeularJunfdicTion;  from  acTuall  refiftance  clef.Brie.{  14?. 
 
 ties  afl'aultcd,  nor  vet  from 1  imprifbnment,  cenfur^r,  and  capitall  executions 
 
 by  Kings  and  Civill  Magiftratcs,  indue  of  capitall  Crimes;  Therefore  by  like  ret- 
 
 (on  it  can  not  exempt  Kings  from  the  refiftance,  cenfuras of  their  Parliaments, 
 
 Kingdoms,  in  cafe  of  tyrannicall  invafions.    We  deride  this  Argument  in  Papifts 
 
 ;s  abfiird ,  as  in  fuiticient  to  prove  the  exemption  of  Clenzy  men  :  I  won 
 
 fore  why  it  is  now  urged  to  as  little  parpofe,  againft  refinance  of  Tyrants,  and  oy- 
 
 prefling  Kings  and  Magiftrates. 
 
 The  fecond  reafbn  is  this,  (f)  The  Invafions  and  opprefiions  of  evill  Kings  and  Ol 
 
 Tyrants,  are  afflictions  and  puni(hment8  inflicTed  on  us  by  Gba:  Therefore  we  CO  Appeal  re 
 
 ouqht  patiently  to  fubmit  unto  them,  and  not  forcibly  to  refift  them.  thy  confcicncc, 
 
 and  others. 
 
 ought  not  to  refift  or  fight  againft  them.    The  prefent  rebellion  of  the  Papifts  in  2  Chro.jj.u. 
 b -i land is  a  juft  punifhment  of  God  upon  this  Kingdom  and  the  Proteftant  parry  "•Z*-1,  iOZl% 
 there  -y  Ergoy  Neither  we,  nor  they  ought  in  confidence  to  rebft  or  take  Arms  againft  //a'sc/g/^h 
 them.    Every  ficknefle  that  threatens  or  invades  our  bodies,  is  commonly  an  affli.  dtExc$at$,Brk. 
 ftion  and  punifhment  lent- by  God  :  Ergo, We  muft  not  endeavour  to  prevent  or  re-  Matthw  jfeU 
 move  it  by  Phyfick,  but  patiently  lye  under  it  without  feeking  remedy.    Injuries  Mdnfwy, 
 done  us  in  our  perfons,eftates,  names,by  wicked  men,  who  affault,  wound,  rob,  de-  H:^in^a 
 fame  us,  are  from  (h)  God,  and  puniihments  for  our  fins  :  Ergo,  We  may  not  refift  l\Q\^%.      1F 
 them  :  Yea,SubjeclsieV^///W,  TCreafius^  and  Infurrettions,  againft  their  Princes  (b)  »  Sam  \s. 
 many  times,  arc  puaijbments  infilled  on  them  by  c7»\Y,  difpleifed\\\th  them  ,,as  the  10>ii)  i- 
 Statute  of  1  Ed.6.  c.12.  refolres0  a  id  the  (i)  Scripture  too :  Brgo%  Kings  ought  not  ft)  1  King  caf. 
 to  refift  or  fuppreflb  them  by  force  of  Arms;  If  allthefe  Confequences  bcabfurd,  n.&ia. 
 and  idle,  as  every  man  will  grant,  the  objection  muft  be  fo  likewiie. 
 
 I  read,  That  in  the  *  per  hutionof  ffcHunheS,  their  Kin*  Attih  being  d'm.wded*  &*•  A 
 ef  by  a  religious  Bifiop,  of  a  certain  Citie  ?  who  he  \\\?s  ?  when  he  hadanpvered ;  I  am       4  J  ' 
 
 pcrfeeutor,  by  Wlyomix  obtained  the  Crown  of  Martyrdom,  not  during  to  exclude  t' 
 Jeonrge  ef  the  Lord;   knowing,  that  the  beloved  fonnc  is  of 
 
 thefconrge  t'tfelf  is  net  from  <.v;yy  but  God.     Will  it  hence  follow  ?  That  all  Chri- 
 ftians  are  bound  in  confeience  to  do  the  like,and  net  to  refift  the  barbarous  Turks,  \\. 
 they  fliould  invade  them  ;  no  more  then  this  Bilhcp  did  the  bloudy  Pagan  tinnves^ 
 because  they  are  Gods  wrath  ?  I  trow  not.    One  Swallow  mnkcS  no  Summer 
 nor  this  example  a  gen«rall  prefident  to  Birideall  men. 
 
 t    The  tliird  reafon  it  tiu\  b'ai^rs  fcrcifcle  refiftance  of  Tyrants,  begtt  ch  IB  rtarrefj  O^eH,  v  , 
 
 R  5  g*a* 
 
154  T6e  latyfitlneffe  of  the  Parliaments  neceffary  defenftye  War, 
 
 (fy  Dr.  *tw  rreat  diforders}  and  (kj  many  mifch'ufs  in  the  State  :  Ergo,  It  is unlawfulLand  incon* 
 where'.4*        vcrrienr. 
 
 Anf\i.  I  anfwer,  Firft,  That  this  doctrine  of  not  refifting  Tyrants  in  any  cafe,  isfarrc 
 
 inore  pernicious,  deftructive  to  the  Realm  then  the  contrary-  becauie  it  deprives 
 them  of  all  humane  means,  and  poflibilities  of  prefervation  -3  and  denies  them  that 
 fpeciall  remedy  which  Gol  and  nature  hath  left  them  for  their  prefervation  :  Laws, 
 denyall  of  Suciidies,  and  fnch  like  remedies  prefcribtd  by  Doctor  Fenit,  being  no 
 remoraes  or  reftraintsat  all  to  armed  Tyrants  ;  Wherefore  I  muft  tell  thee  Dotlor, 
 1  hcelogorum  utcunquc  divert ijjimorum  fententity  in  hac  controverfia  nonfunt  multo 
 faciend^y  quia  quid  fit  Lex  humana  ipfi  ignorant ,  as  VaJ "quins  contro  yerf.  lllufir%  %i . 
 .11.  determines. 
 
 Secondly,  The  knowledge  of  a  lawfull  power  in  Subjects  to  rcfift  Tyrants,  will 
 be  a  good  means  to  keep  Princes  from  Tyrannicall  courfes,  for  fear  of  ftrenuous  re- 
 finance; which  if  once  taken  away,  there  is  no  humane  bridle  left  to  ftaythe 
 Inundation  of  Tyranny  in  Princes  or  great  Officers ;  and  all  Weapons,  Bulwarks, 
 Walls,  Lawes,  Armes  will  be  meerly  ufelefie  to  the  Subjects,  if  refinance  be 
 denyed  them,  when  there  is  fuch  caufe. 
 
 Thirdly,  Refiftance  only  in  cafes  of  publike  neceflity,  though  accompanied  with 
 civill  warre  j  ferves  alwayes  to  prevent  farre  greater  mi fchiefs  then  warre  it  felf 
 can  produce,  it  being  the  only  Antidote  to  prevent  publike  ruine,  the  readied  means 
 *&eMiionc$riofc  t0  preferve  endangered,  to  regaine,  or  fettle  loft  Liberties,  Laws,  Religion,  as  ail 
 uiivtrrum       aSes  witnefle  ;  and  to  *  prevent  all  future  Seditions  and  Opprcjfions. 
 faxiiJ^ubUc**      Fourthly,  Defperate  difeafes,  have  alwayes  defperate  remedies,  MM  nodo,  malm 
 que  difeipl'm*co-  cunem :  When  nothing  but  a  defenfive  warre  will  preferve  us  from  ruine  and  vafla- 
 ercertt,  vindi-    lage  ;  it  is  better  to  imbrace  it ,  then  hazard  the  loffe  of  all,  without  redemption, 
 cias.  contr.  Ty  £v  ^^  malis  minimum.    All  Kingdoms,  States  in  cafes  of  neceflity,    have  ever 
 **"* p  l4*'       had  recourfe  to  this  as  the  lefler  evill ;  and  wrhy  not  ours  as  well  as  others. 
 Objecl,  The  laft  (and  ftrongeft  Objection  as  fome  deem  it)  is  the  fayings  if  fome  Fathers 
 
 backed  with  the  examples  of  the  primitive  Chriftians,to  which  no  fizch  fatisfacTory 
 anfwer  hath  hitherto  been  given,  as  might  be. 
 Authority  I .  The  firft  and  grandeft  Objection  againft  Subjects  forcible  refiftance,  and  defenfive 
 warre,  is  that  fpeech  of  Saint  *s4mbrofe,  Lib*}.  Or  at.  in  Auxemium.  Coatlus  re* 
 pugnare  non  audeo :  dolere  potero9  potero  flerey  potero gcm?re :  adverfus  arma,  militef, 
 CothoSy  Laclyrymx,  me<t  arma  funt  :  talia  enim  funt  munimenta  facerdotum  : 
 A  L  1  1  E  R  NEC  D  E  B  E  0  ,  N  E  C  P  O  S  S  V  M 
 RES1STERE. 
 Avpfr*  This  chkfe  Authoritie,  though  it  makes  a  great  noife  in  the  world,  if  folidly 
 
 fcanned,  will  prove  but  Brutumfulmen  ;  a  meer  fear-crow  and  no  more. 
 
 For  firftp  Ambrofe  in  this  place  fpeaks  not  at  all  of  Subjects  refifting  their  Princes, 
 
 or  Chriftians  forcible  refifting  of  the  perfecuting  Romane  Emperours  ;  but  of 
 
 /*  ^  Q^fyy   refifting  Valentincyznd  the  Arms  and  Souldkrs  of  the  Gothes, who  at  that  time  (/) over 
 
 Eutrof ins,  pan-  ran  Italy y  and facked  Rome,  being  mortall  Enemies  to  the  Romans  ,  the  Roman  Empc- 
 
 hu Dimzus  ,    rour/y Saint  Ambrofe ,and  Miltain  where  he  was Biiliop. 
 
 Grmftin,  and        y^is  is  evident  by  the  exprefle  objected  words  :   J  cangrievey  1  can  weep,  I  can 
 mourn,  (to  wit  for  the  wafting  of  my  native  Country  Italy,  by  the  Invading 
 
 Enemies 
 
both  in  Toint  of  Lfto  and  CovJcienceM  j  ? 
 
 Enemies  the  Clothes:)  *£  rt$  G  OTHES   (markeitj  my 
 
 If  any  fequell  can  be  hence  properly  deduced,it  muft  be  that 
 for  which  the  (m)  A,ubaptijh  ule  it  (from  whence  our  Oppofitcs ,   who  tux  the  ("0  ^cc  t«Ol 
 Parliaments  Forces  for  Anabapt-ifts,  when  thcmfelves  are  here  more  truly  fuch,  ^{"'c"^/r' ^ 
 and  tight  with  this  their  weapon*)    That  it  u ■  unLiWfull  for  ChriflUns  to  fight,  or  a.dcM.w'Jlrx- 
 mdk*  ft  much  as  a  dcfcnfive\\\irrc  againfl  invading  Forraign  barbarous  Enemies,  oS  tH.ptiit. 
 whom  this  Father  fpeakl  ;  And  then  if  the  Irifk  Rebels,  Danes,  Spaniards,  French, 
 Should  now  invade  England,  both  againft  the  Kings  and  Kingdoms  Wills,  we  muft 
 make  no  forcible  rcfiftanceat  all  againft  them  with  Arms  in  point  of  conference, 
 but  onely  u(e  prayers  and  teares. 
 
 This  is  the  uttermoft  conclufion  which  can  properly  be  hence  deduced ;  which 
 our  A'ltegonifis  will  confefle  to  be  at  Laft  erronious ,  Anabaptifticall  ,  if  not 
 Hereticall. 
 
 Secondly,  You  mull:  confi.-!er  who  it  was  that  ufed  this  fpecch;  Ambrof^  a 
 Minifier ,  then  Bifhop  of  MiHain ;  who  by  reafon  of  this  his  function  being 
 an  Ambajfadour  of  Peace;  had  his  hands  bound  from  fighting  with  any  other 
 weapons,  even  againft  invading  forraign  Enemies,  but  only  with  the  fword  of 
 the  (piv it,  prayers  and  tears  :  and  that  his  calling  only,  was  the  ground  of  this  his 
 fpecch  ;  is  infallible  by  the  latter  claufe  thereof,  which  our  Oppofites  cunningly 
 conccale.  Prayers  are  my  Armes  :  For  fuch  arc  the  Defenfive  Armour  O  r 
 P  RIESTS  ;  Otbrrftife  1  NEJTHE  R  OVGHT  NOR  CAN 
 RESIST:  Why  fo  ?  Becaufe  he  was  a  Minifter,  a  Bifhop  •  and  Paul  prohibits 
 fuch  to  be  S  T R  1  K  E  R  S,  Tit. l.J.l  Tim. 3.3.  and  becaufe  Priefts  under  the  Law 
 did  but  blow  th  Trumpets,  and  never  went  out  armed  to  the  Carres ,  Jofi,6.  Upon 
 which  ground  (n  )  Divers  Councclls,  Decretatls,  CanoniJrs,exprt([y  prohicit,and  (n)  Grat'mVu 
 exempt  Prie/fs  and  Bi&ops,  from  bearing  Arms,  or  going  toWarre,  though  many  of  /*"/•  & 
 them  have  turned  (0)  great  Souldicrs,  and  been  {lain  in  Carres,  AtmBiUL  *a  " 
 
 Hence  Anno  1 267,  in  a  Parliament  held  at  Bury,  K .  H.  3  J.  and  Ottobon  the  Popes  qu.40.  'aiu.x. 
 Legat,  demanded  of  all  the  Bifbops  and  Clergy  m:r,  holding  Barromes  or  Lay-fees,  Sibt.dcBclk, 
 that  thej  Jl>onldc->  perfonallj  armed  againft  the  Kings  enemies,  or  findefo  great  fervicc  in  p  J.  Grttm  dt 
 the  Rings  expedition-,  as  appertained  to  fo  much  Lands andTcnants.    To  WThich  they  ^'^9         i 
 aafwered,    That   THEY    OUGHT    NOT    TO    FIGHT    WITH  €J£^£*m 
 THE    MATER  IALL    SWORD;   (no  not  againft  the  Kings  Enemies)  /.*. 
 But  With  the  fpirituaS ;    to  wit,  with  humble  and  devoute  tears  and  prayers,    (ulrng  (0)  See  \VaVpi~ 
 thefe  words  of  ArnbroCc  :  )    And  that  for  their  benefices  they  were  bound  to  Maintain  fM*- &&•  ^n' 
 Peace,  NOT    W  A  R  R  E.  '  **«»  " 
 
 Hence  our  King  (  •)    'Richard thefirjr,  taking  the  Bifhop  of  Beauvoyes  in  France,  ?i  'Cont-in  MAti 
 his  great  Enemy,  armed  from  top  to  toe,  pr  if  oner  in  the  field  ;    commanded  \nm  to  be  fwm%fjyfu 
 ftriBely  liept  in  prifon  in  his  arms,  and  would  by  no  m?ans  fuffrr  him  to  put  them  off  :  (<l)RJgrde 
 for  Which  hardnfnai*  he  complained  to  the  Pope, and  procured  his  letter  to  Kin?  Richard  r\ojtd.Ar.m\ 
 *    r      i  ■     r         is  j      a     •  •        t  •  ;  r -r  t    n         n  tars  toft: .76% . 
 
 to  free  him  from  bis  arms  and  rejtrasnt j   in  which  Letter,    the  Pope  foarp/y  reproves  t977$  \cAn- 
 
 tbe  B  i flop  for  preferring  the  fecular  warfare  before  the  fpirituall,  fa  that  he  had  takrn  a  genf,^  'fgf,  Ifo 
 Bp- are  indeed  of  a  Crofter  ;  an  Helmet  in  I  Lew  of '  a  Miter  ;  an  Hahergjon  indeed  of  a  c%U 
 white  Rochet   •  a    Target  in  piac*  of  a  Stole ;  an  lron-fword>  infiecd  of  a  fpirituall 
 fword.    After  which,  the  ICing  fenthis  Arms  with  this  Meifagetothe  Pope:  See 
 w jet her  this  be  thyfowes  Coat  or  not  f  Which  the  Pope  beholding,  anfwered  :  No 
 
 h 
 
156  1  le  latyfulnejfe  of  the  farliamcnts  ntajjary  defsnfive  War, 
 
 by  Sam  Peter,  It  k  wither  the  apparcll  of  my  font's,  nor  yet  of my  Brethren ',  but 
 (r)  Aht'quiEc-  rather  the  vefture  of  the  fonnes  of  Mars.  And  upon  this  ground  ( )  Our  Biftops 
 clef.  Brit.f.299  anciently,  When  Members  of  Parliament,  departed  the  houfe  when  Cafes  of  Trcafb?t 
 300.  10 .E4.6  or  p(/0 nl  cams  hi  queftiony  becaufe  the)  mi^ht  net  by  the  Canons,  have  their  hands  in 
 
 This  then  being  Ambrofe  his  direcl  words  and  meaning ,  That  he  neither  ouqht, 
 nor  could  ufe  any  other  JVeapons  againft  the  invading  Gothes,  and  their  force sf  bun 
 .    prayers  and  tears  ;  *  becaufe  he  was  a  Minlftcr9  a  Bifhopy  not  a  Lay-man  ;  The  genvine 
 in  r  sat*  ^  Argument  that  our  oppofites  can  thence  extract,  is  but  this.    Priefts  muft  ufe  no 
 Vi;c[\^  "       other  Defenfive  Arms,  but  prayers  and  tears,  againft  invading  forraign  Enemies. 
 Ergo,  The  Priefts  and  Minifters  in  his  Majefties  Armies,  who  bear  Offenfive  Arms, 
 muft  now  in  confeience  lay  them  down,  and  ufe  no  other  rdfifta nee,  but  prayers 
 and  tears  againft  the  Parliaments  forces  :  whereas  their  former  inference  againft 
 rrfiftance :  Ergoy  It  is  altogether  unkwfuli  for  th.-  Parliament ,  or  any  Lay-Subjecls 
 by  their  command,  to  defend  Religion,  La'w^  Liberties,  againft  his  Majefties  in- 
 vading forces,  who  intend  by  force  to  fubvert  them  ;  is  but  ridiculous  nonience, 
 which  never  <*nce  entred  into  this  Fathers  thoughts,  and  can  never.be  extorted 
 from  his  words. 
 
 Minifters  of  the  Gofpel  muft  not  ufe  any  Arms,  but  prayers  and  tears  to  refill 
 
 a  forraigne  Enemy:   Ergo,  None  elfe  may  lawfully  ufe  them  to  withftand  an  in* 
 
 vading  adverfary;  is  aconclulion  fitter  for  Anabaptifts  then  Royalliftsy  who  may 
 
 -now  with  (hame  enough,  for  ever  bid  this  authority  adieu  ;  with  which  they  have 
 
 hitherto  gulled  the  ignorant  Worlds   And  henceforth  turn  it  againft  the  Corn- 
 
 million  of  Array  y  enjoyftingBifiops,  and  Clergy  men,  to  array  and  armethemfclves 
 
 as  ^ ell  as  other  men,  as  the  Presidents  cited  in  Judge  Cooke  his  Argument  againft 
 
 Ship-money  ;    in  the  Parliaments  two  Declarations  againft  the  Com  million 
 
 of  Array;  and  in  the  Anfwer  published  in  the  Kings  name,  to  the  fit  ft  of  them, 
 
 plentifully  evidence. 
 
 3  FinaUy,Hence  I  infer,That  Clergy  men  may,and  mtift  fight  againft  their  invading 
 
 Enemies  with  prayers,  tears,  the  Weapons  which  they  may  lawfully  ufe  as  proper 
 
 •for  their  callings.    Ergo,  Lay-men  may,  and  muft  refift,   and  fight  againft  them 
 
 -with  corporall  Arms,  fince  they  are  as  proper  for  them  in  cafes  of  needfull  defence, 
 
 as  thefe  foirituail  Arms  are  for  Prkfts. 
 
 Authority  2.      ^ie  &cond  Authority  is  that  of  (/)  Naw%&e».  Oratio.  2.  in  Julianum.   R- 
 
 (C)  An  appear  frc  {fits  of  J  nil  anus  Chriftianomm  lachrjmi'y  qu,u  mvltas  multiprofuderunt  -   H O  C 
 
 tocJiyc^nci-    V N  V  M  or  Solum  (zsGrotiwt  tranflatcS  it)  adverfus  perfecp-tion;m  medic amen- 
 
 cMce.p.28.       turn  habentcs  :    To  which  I  (hall  adde  ty  way  of  fupply  this  other  paffage.    Ncs 
 
 BeluTi  \lm  'mem  *    V&m-     NVLLA    ALIA     ARM  A,    nee  muri ,    nee  prtjtdut , 
 
 GrI'*\^?    p>*ater  fprm  in  Beam ,  reiiqva  erant  :     Vtpote   OMNI     H  V  M  A  N  O 
 
 SVBS1D10    PROKSFS    DESTiTVTlS    ET   SPOLIA- 
 
 T 1 S  y    ejuem  tandem  alium  aut  precum  audit  ora^y  aut  inimicorum  dcpulfcrcm  habi- 
 
 turi  eramwy  qtiamDeum  Jacob,  qui  adverfus  fuperbi am  jurat.     From  whence  they 
 
 conclude,  that  Chriftians  muft  ufe  no  other  weapons  but  prayers  and  tears,againft 
 
 Tyrants  and  oppreflbrs. 
 
 From 
 
Wdrrzjtoth  in  point  ofLavp^and  Conference. 
 
 To  which  I  anfwer.  Firft,  that  it  is  clearc  by  thi?»  that  Chriftians  may  ulc  ptay-  Anjw*  i. 
 cri  and  teares  againft  Tyrants  and  opprcflbrs. 
 
 Secondly ,  that  thefc  arc  the  molt  powerful!  prevailing  Armcs  both  to  refift  ard  i, 
 
 conquer  them.This  the  oppofites  readily  grant-Therefore  by  their  own  confefcon, 
 Chrifthns  both  may  and  mult  reiiil  tyrnnts  by  the  mod  powerful  &  efT;&iial  means 
 that  a  e.  Tyrant* therefore  are  not  the  higher  Powers,  Kings, Ruler*,  which  Taul 
 and  Peter  in  the  forc-objefled  texis,  enjoy ne  men  under  paine  of  dsmnttion  to  befub- 
 ji  cl  And  obedient  to  for  coufcience  fake^  and  no  waies  to  rejifl  $  fincc  they  may  refift  them 
 with  the  powerfulleft  armes  of  all  others,  prayers  and  teares. 
 
 Thirdly,  if  they  may  be  lawfully  refitted  with  thefe  moil  prevailing  armes  not-  I* 
 
 withltanding  Pauls  &  Tetcrsobjt&ed  inhibitions,then  a  fortiori  they  may  be  with 
 corpurall,  which  are  IefTe  noxious  and  prevalence  that  may  with  moft  fuccefieful 
 meanes  reiift,  vanqutfli,  and  overcome  his  tyrannizing  opprelfing  Scveraigne,  may 
 likc.vife  doe  it  by  the  IefTe  noxious  Armcs*    If  Chtiftians  may  repulfe  and  fubduc 
 a  Tyrant  with  their  Prayers,  Teares,  then  why  not  with  their  Swords?   Doth  God 
 or  the  Scripture  makeany  fuch  diftin&ion ,  that  we  may  and  muft  refill  them  u.ider 
 paine  of  d\mnation,with  thefc  kind  of  weapons  5  and  (hall  it  be  no  IefTe  then  Tret* 
 /on,  Rebeftitn,  Damnation  to  refill  them  with  the  other?  what  difference  is  therein 
 point  of  JllegUnee,  L»jaky,Treafon,  Qonfcience^  to  refift  an  opprefting  tyrannizing 
 Prince  and  his  Forces  wilha  Praierpx:  with  a  Sword?  with  ^Teare^t  with  a  Speare? 
 Are  they  not  allonein  fubftiua ?By  the  Statutes  of  26  #.8.c.  13. 1  £.6.^14.  5  £.<5. 
 c.i  1. 1  8ll^ct6. 13  £A'c.c.i.  words  againft  the  King  delivered  even  in  Preachwg^arc 
 made  and  declared  to  b-  hgh  Treafor^  as  wel  as  bearing  Armes ,  and  (hiking  blowes ; 
 jeajhe  Statute  of  I  &  2  Ph.  &  Ma.  r.  9.  mdl-s  cert  nine  prayers  againft  this  per fecu  ting 
 fjht  tn^Ugh Tre x(o-. -,-\x\\  by  th^  Sc  tute  r>*  25  E.^.c.2.itis  highTreafon  for  ar.y  man 
 to  C  O  M  P  A  S  S  E  OR   I M  A  G  I  N  the  death  of  the  King,  Queen,  Princess  wel  0)  The  Cfir  i- 
 as  to/?-?;  or  bavjwirre  againft  them.  It  then  we  m  iy5by  the  Objectors  confelfion,  \S*j^wj" 
 theprcttifes  and  eximples  of  the  PiimitiveChriiiians,  againft  Julian  and  others,  /;  ^  p/^r 
 fight  with  our  Tortgmoi9  Prayers^  Te.tres^  imaginations  againft  our  Sovcraignes,  w  ho  Adon*ustTmf 
 turne  Tyrants  and  Pwri  jcutors ;  and  ihereby  uipprelL-,  conquer,  confound  them,  of  ritem*,  ilia 
 
 not,  muft  not  refift  any  lawful  King  or  Magitfrate  in  the  juft  execution  of  his  eftice,  6r  48/tt  lulii- 
 fo  much  as  with  a  repugnant  wil,  thought,  prayer,  tearc;  we  may,  yea  muft  refift  mn- 
 anoppre(Trng,  perfecting  Tyrant  with  all  thefc ;  therefore  with  any  ether  Armts,  f^P^^" 
 meanes  (-:■).  He^ikia^J)az'idriMofesiAbijah,Afa%  refifted  their  invading  enemies.  ™H 
 
 and  conquered  them  with  their  prayers  ;  but  jet  they  provided  to  rep'ulfe  and  vanquiji  \  JjJges 
 
 them  with  ether  external!  Armes,     The  Chriftians  rcfiftance  and  vanquishing  their  and  the  Boo kc 
 Emperour  Julian  with  the  one,  is  an  infallible  argument^  they  might  doe  it  with  the  of  Palmes  c- 
 other  too,  there  being  no  fuch  diftio&icn  in  the  objected  Scriptures ,   that  wc  may  ^j^wncrc 
 fight  againft  and  refift  them  with  our  prayer*,  teares,not  armes. 
 
 Fourthly,  this  Father  faith  not,  that  it  was  unlawful  for  the  Chriftiam  to  lift  any        "4, 
 other  weapons  but  teares  againft  Julian,  the  oncly  thing  in  queftion.  No  fuch  (y  lia- 
 ble in  the  Oration ,  butonely,  that  they  had  no  other  Armes  to  refift  and  conquer 
 him  with^  being  utterly  deftitute  and  fpoyled  of  all  other  humane  helps*  Therefore  their 
 
 S  wa&t 
 
J38 
 
 The  Lawfutnefle  of  the  Tarliaments  neccffary  Definjtve 
 
 K%.  c.i-  Hon 
 Ctntilafolum, 
 
 crc. 
 
 (jLprttio.i  .in 
 
 luljmmp'76o, 
 
 Authority;, 
 (y)  Appeale 
 to  thy  conici* 
 ence^-zS^. 
 
 Anfw.J* 
 
 :-. 
 
 Nil 
 
 want  of  other  Armes  and  htlpe,*not  the  rnilawfulncffc  of  ufingthem,  hadthey  bad 
 them5  was  the  onely  ground  they  ufed  prayers  and  tear  es,.  not  armes  To  argue 
 then,thofe  who  are  deiYitute  of  all  Armes,  but  prayers  and  tcarcs5rr:uftufethcm  one- 
 ly ;  Ergo  thofe  who  have  other  Armes  befidts  prayers  and  teares,may  not  lawfully 
 ufe  them  to  refift  a  Tyrant,  is  but  Scholaftical  Nonfence;  yet  this  is  the  very  inter* 
 moft  this  authority  yeeids  our  oppofaes.  In  one  word  ,  this  Father  ioformes  us5 
 that  this  Apoflate  Emperonr  (x)  Julian,  would  not  maJ^  open  wane  at  fi'ft  upon  the 
 Cbriftians,  becaufe  this  would  altogether  crofe  the  end  he  aimed  at  l  (marke  thereafbn) 
 Nosenm,  fivis  infer at ur  ,  acriores  ebftinatiorefque  futures ,  ac  tyrannidi  obnlxum 
 ?/Vf^TUEND^STUDlUM  OBJECTUROS  cooitavit.  Solent 
 enimfortes  ejr  qenthfi animi,  ti  QUI  VIM  AFFERRE  PARAT  CON- 
 TUMACITER  OBSISTERE,  nonfecm  ac  famma, qua a vento excitarur, 
 e)to  vehementins  perflatur.eovehementius  accenditur.  Which  argue?5that  the  Chri- 
 ftians  would  have  forcibly  refitted  him,  had  he  at  fir  it  with  force  invaded  them ; 
 therefore  he  weakened,  fubdued5difarmed  them  firft  by  policy  5  and  then  fell  toper- 
 fecute  them  with  force,  when  they  had  no  meanes  of  refiftance  left. 
 
 The  third  authority  is  that  of  (y}  Bernard,  Epi&.  221.  Co  King  Lewis  of France, 
 §juic quid  v obis  de  Regno  veftro,  de  anima  &  corona  veftr  a  facere  place  at ,  NOS 
 ECCLESI/E  FILII,  matris  injuria*,  contempt urn,  & concnlcationem  omnimo 
 Sfftmulart  non  poffumM.  TrofeBo  STABIMUSET  PUGNABIMUS 
 USQJIE  AD  MORTEM  (fi  ita  oportuerit)  pro  matte  mftri  ARMIS 
 QLIIBUS  LICET,»i«M«^Ww,SED  PRECIBUS  ET  FLE- 
 TIBUS  AD  DEUM.  Therefore  it  is  unlawful!  for  Chriftians  10  refift  with 
 force  of  Armes. 
 
 I  anfwer  firft ,  that  Bernard  was  both  a  Monlee  and  Clergyman ,  prohibited  by 
 Scripture  andfundry  Canons  tofght  with  military  Armes  againsl  any  perfbn  or  enemy 
 whatfoever  5  and  he  utters  tbefe  words  of  hirnfelfe,  as  he  was  a  Clergyman  Jervant^ 
 anX  fonne  of  the  Church ;  in  the  felfefame  fence  as  Saint  Ambrofe  did  before.  It  was 
 then  oncly  his  Calling,  not  thecaufe  which  prohibited  him  forcibly  to  refet 
 King  Lewis. 
 
 Secondly  I  anfwer,  that  this  authority  is  fo  farre  from  prohibiting  refiftance  of 
 
 opprcfiing  Princes,  endeavouring  with  force  of  Armes  to  fubvert  Liberties ,  Lawes, 
 
 Rel  gion ;  that  it  is  anunanfwerable  proofe  for  it3  even  in  our  prcfent  cafe :   King 
 
 Lewis  to  whom  Bernard  writes,  had  then  raifed  a  civil  warre  in  his  Realme  againft 
 
 Theobald  And  others  who  defiredyace ;  which  the  King  rejecting,  IZernai  d  doth  thus 
 
 reprehend  him  in  the  premilTcs.     Verum  vos  nee  verba  pads  recipstit;  nee  pall  a 
 
 vefiratenetis^nee fanis  confliis  acquiefcitis*    Sed nefeioquo  Dei  judicio 5  omnia vubis 
 
 ita  vertitisinperverfum  5  ut  pro  bra  honor cm  ,  honoremprobra  ducat  is  $  tuta  timeatis, 
 
 timenda  contemnatis  5  &  quod  dim  fanUo  &  glorisfa  Regi  ^David^  Ioab^  legitur  ex* 
 
 probrajfe  ;  d'digitis  eos  cjui  vos  odcrunt3  dr  odio  h  abet  is  qui  ves  dlligere  volunt.     Neque 
 
 tram  qui  vos  inftigant  priorcm  iter  are  maUciam  adverfiu  non  merentem ,  qu&runt  in 
 
 hoc  hoMorem  vejfrum,  fed  fuum  eommodumjmb  nee  fuum  contmodum%  SED  D I  A- 
 
 BOLI    VOLUNTATEM;   ut  Regis  (quodabfii)  potentiam  concrpti  furoris 
 
 habtanttff+Sriccm  ;  quern  Cu'is  je  po(fe  adimple  e  viribus  non  confilunr;   I  N  I  MI- 
 
 Cl    CORONA    VESTRjE,    REGNI    MAN  IFE<  TiSSIMI 
 
 PERTliRBATORES,  (Our  prefcntcalc3in  regard  of  tru  Kings  evil  (edu- 
 
 ding 
 
Warrc^oth  in  point  oj  Latvian d  Confcicnce.  *  W 
 
 ilingCounfellon.)  Then  immediately  followes  the  objected  claufc,  <t^t  quicquid 
 Vobt4y&c,  After  which  he  gives  him  this  fharpe  reproofe.   Non  tacsbo  quod  cum  r.v- 
 cmtmunicatis  iter  are  f&dtu  cj-  focictatem  nunc  fit  a&it ,  quod  in  necem  hominum,  com- 
 buflionem  domorHmydrftruclioncm  Eccltfiarum,  difperfumem  pauperum  xaptoribui  ,  pre-  ,  7 )  1*1.49. 
 donibm   {ficut  dicitur^adharetu*  juxta  illud  Prophet  a   (z.)  fi  vide  bat fur  em curre- 
 bas  cum  to,  Grc.  quaf  non  fat  is  ferves  mala  facer  evaleatis.  Dicovobis^nonerit  din 
 inultum,  ft  hdtc  itajacere  pergitu:&c.  Here  this  holy  man  prohibited  by  his  orders 
 to  fight  jgainft  this  King,his  Soveraigne  with  his  Sword;fights  ihongly  againft  and 
 refills  his  violence  with  his  Penne.  And  although  he  may  not  ufe  a  Sword  and  Buck- 
 ler in  refpettof  his  calling  to  defend  his  mother  the  Church  againit  him:  yet 
 he  Is  Co  farre  from  yeeldmg  obedience  to  and  not  refitting  him,  according  to  Tauls 
 and  Teters  pretended  injunctions ,  that  he  exprefly  tels  him  to  his  face ,  That  H  E 
 WOULD  STAND  AND  FIGHT    AGAINST    HIM    EVEN 
 UNTO  DEAT  H(if  there  were  necd)iw/>  fuch  weapons  as  he  (being  a  Monk^  and 
 Afinifter)*iigbt  ufe,  to  wit^with  Prayers  and  teares,  though  not  with  S  ward  and  Buckler ; 
 which  were  more  prevalent  with  God  againft  him  then  any  other  Armes  So  that 
 he  refilts  him  in  the  very  higheft  ftraine  that  may  be;  and  clearely  admits,  that  Lay- 
 men who  might  lawfully  ufe  Swords  and  Bucklers,  might  with  them  juftly  defend 
 the  Church  in  (landing  and  fighting  for  it  againft  him  even  to  death ,  as  well  as  he 
 might  doe  it  with  prayers  and  teares,  his  proper  Armes :  Which  anfwers*tf<at  obje- 
 ction out  of  his  1 70.  EpiftUfNTUten  to  the  fame  King ;  and  his  1 83  Epiftle  to  Con- 
 rade  King  of  Romans ;  wfcere  he  fubje&S  thefe  Kings  to  tht  Pope,  whom  he  advifeth 
 them  to  obey ;  and  reprehends  them  for  their  mifdemeanours^notvnthftandingthat  text  of 
 Rom.  13.  which  he  there  recites. 
 
 The  fourth  authority,  is  the  example  of  the  primitive  Chriftians ,  who  fubmie*  Authority  4. 
 ted  themfelves  willingly  to  their  perfecuting  Emperours;  without  refinance  in  word  (a)  Dr.  i 
 or  deed.     For  proofe  whereof,  feverall  parages  are  recitad  out  of  Fathers ,  which  r.hc  neceffity 
 I  (hal  con  joyne :  the  firft  is  out  of  TertaHian  his  Apologeticuf*  §hwties  enim  in  Chru  ^^^j"' 
 ftianos  d'ftvitis ,  partim  ar.imis  propriu ,  partim  legibus  obfecfuentes  *  Quoties  etiam  tothyC  nfi 
 pr&teritis  a  vobis  SUO  JURE   NOS  INIMICUM    VULGUS  inva-  ence.  BiOiop" 
 d  t  Uv'tdibm  &incendiis  ?  Ipfis  TZ  accbanalium  furiis^nec  mortuis  par  cunt  (fhrifii/tnis%  Mrmit  Hig* 
 qulnillos  dereqiiie  fepulttra^  de  afjlo  quodam  mortis  %jam  alios ,  jamnectotos  avel*  GrcUus->**& 
 lant^  dijfecent^  dijfrabant  ?  quid  tamen  de  tarn  confpiratis  uxquam  denotatis ,  de  tarn  ol 
 anim  it  is  a  i  mortem  ufquepro  injuria  refenfatis  ?  quamvis  vel  una  nox  pauculisfacu- 
 tis  largitatem  ultionis  pcjfrt  operarufx  malum  malo  difpwgi)  penes  nos  liceret.     Sed 
 abfit  Ht  ant  igni  humano  vindicetnr  divina  fella  •  aut  doleat  pati ,  in  quo  probata  •  Si 
 e  iminhefies  exortos  nnntantum  vindices  occultos  agert  vellemw^de  jfet  nobis  vis  an* 
 m?rorum  (fr  coptarum  ?  P lures  rt'mirum  tJMawri  &  Marcomanni ,   ipflque  Parthi^  vel 
 quant Acunque^  unius  tamen  lo:i  drfttorum  fnium  gentes ,  qudm  totiusorbis?  Exttrni 
 jumus  &  vtftra  omnia  irnplevimns,n*bts^  infulas,  caftella,  municipia,  conciliabmla, 
 cafha  ipfa,  tribus^  dec  arias,  palatium^  fenattm,  forum^  fola  vobis  relivquimtts  tempU* 
 foi  'Btllo  non  idomi^  non  prompt i  fftijfemtu ,  etiam  impares  copiis  ,    QJJ  I   T  A  M  LI- 
 RENTER    T  R  U  C  1  D  A  M  U  R  >   Si  non  apud  iflam  difciplinam  M  A  G I  S 
 OCCID!  LICERET,  QJJ  A  M  OCCIDERE.   ?Hmmm&imermeri 
 NEC   REBELLES,  fed  tantummodo difco: dss folium  divortii  invidxa  advt 
 vos  dimic*(fe.     Sienhntantx  vis  hominnm  ,  h&lafMtW  or  bis  remeti  ft/wm  abrypit- 
 
 S  a  ferr.w 
 
M  Deman 
 
 1 40  The  Lawfulmffe  of  the  Tarliaments  necefarji  Defence 
 
 fer/JM  k  vcfyis\  fuffudiffet  ntique  damnationem  veftram  tot  qualiumcuxque  am-jjio 
 civium,  imo  etiam  &  ipfa  inftitutione  punifftt:  preculdubio  expavijfetis  ad  folltudlnem 
 vefiram ,  ad  fJentium  rerum  5  &  ftuporem  quendam  quafi  mortal  urbes  qutftffetis 
 qnlbtu  imperareiif.  VluresbosliS^quam  elves  vobls  rtmanf font, nunc  enimpauciores 
 ho(l  eshabttis  pr&muhit  udine  Cbrifiianorumy  pene  omnium  avium.  Which  S.Cyprian 
 (Tertullian?  imitator  )  thus  feconds  ,  LtdereDei  &  Cbrifti  fervos  perfectiticnibus 
 ttsis  dcji-ies  cjxos  Ufos  ultio  divina  defendit*  hide  efl  e%im  quod  nemo  nefcrum  quart  do  ap* 
 frtbfudkttrz  relutlatur ,  k;c fe  adz  erfus  injufiaut  violentiim  veftram  quamvis  trimius 
 &  ccpicfus  nofier  (it pcp;u&s,  ulclfcitur.  Vatlentesfacit  defecutura  ultionefecuritasm  Ir.« 
 nocr/ites  nccentibte  ceduni.  Infor.tes  pcenU  &  crucUiibas  acqxiefcHr.t>  certl  &fi  \ext<s% 
 quod  In  ultumnon  remanent \fliiodcunque  perpeiimur,  quant  oquemapr  fuerlt  perfecutie- 
 „(  ,  nh  i'jurla,  two  &  y:ftlorfiat  &  gravlor pre  perfecutlone  vinditle*  Which  Latiantlta 
 
 thus  tfAltXCwfidiPVii  enlm  May.flatie)n4  qui  tarn  contempt  urn  fui prfft  vlcljci^quam 
 ftrvorum  fuoruw  Jabores  &  injuria!,  Et  Idro  cum  tarn  nefar.da  perpetimur  9  nz  verbs 
 qtsidtm  relutlamar ,  (cdDeoremlttimuus  ulth  »fs,  (djSaint  Augufiine  relates  the  fame 
 V )  d*  fttt.     *n  thefe  words  3   Neqae  tunc  Qlvltas  Cbrifti  qzzmvis  ad  hue  peregrinaretur  in  terra, 
 Dei  lib.  22.        &  bzbtrtt  tarn  mxgnorum  agmlna  popnlorum^  adverts  ir/jplos  perfecutcresyro  temper  all 
 faint  e  pugn.zvit  3  fed  potiui  ut  obtineret  iUrnam  ,   non  repugn avit:  ligdbantur jnclude- 
 banturt  c&dcba/itur  Joy  qui  bant  ur  3  trebjwtwr,  Unlabel  nr^  crncUbantur  a  &  multi- 
 file abaninr*  Non  erat  'tis  pro  falnte  p»gnarey  nift'dutem  pro  f&lute  contemner e*    The 
 furameof  all  thefe  Fatheisfayings  (chichi  have  largely  cited3  becaufe  1  would 
 conceals  nothing  that  might  be  materially  obje&ed)  is  this :  That  the  Chriftians 
 in  the  primitive  Church,  though  they  were  many  in  number ,  and  Efficiently  able 
 to  defend  themfelves  again!!  their  perfecutera  by  force  of  Armes,  didyetrefufero 
 doe  it,  yeelding  themfelves  up  tJany  tortures ,  puui&ments,  deaths ,  withoat  the 
 lead  reii&ance  in  word  or  deed  5  Srgo^  the  Parliament  and  Kingdome  ought  now  to 
 make  no  refinance  at  all  againlt  the  Kings  popifii  Army  and  Cavaliers,  buttoex- 
 pofe  themfelves  to  their  cruekie3  and  rapines ,  without  the  lead  reliftance  in  word 
 or  deed, 
 i>l*{w>  Becauf-this  objection  ftickei  mod  with  many  Schollars,  Statifts,  and  tender 
 
 1  to&nml*  consciences,  I  (ball  endeavour  to  eive  a  fatisfa&ory  anfvver  to  it ,  without  any  fliift- 
 K-ifmejScri^-  ingevaIions5orqueftioning  the  truth  QtTertHhinns^  and  Cyprtansaprnons^ccncv 
 tore  and  Rea-  mug  ths  mnlthude  and  ftrengtb  of  the  (?brifiUns,  and  their  ability  to  refill,  which  fome 
 fon  for  deftn-    have  taken  (e)  great  paines  to  refute. 
 
 Firft,thenlfay,  that  neither  of  allthefe  Fathers  fay  3  That  the  primitive  Chri- 
 ftiacs  held  it  unlawful}  ,  muchlelTc  dxmn&bUfi  point  of  corfckr.ee  for  thtm  to  refifi 
 their  perfecting  emrz'c:  ,  no  ,uch  fy liable  in^any  of  them.  And  Te*tuRidmim  Si ncn 
 apud  ifitm  difcipl/naw  MAGIS  OCCIDI  LICET  QUAM  OCCIDERE, 
 by  way  of  neceffary  dcrenceD  implies  no  fuch  thing,  but  rather  proves  the  contrary, 
 thatrefifhnce  is  la wfuil3  beciufeitislawfuil  to  be  ilaine  ss  a  marcyr;  therefore  in 
 ibis  cafe  to  fliy.  So  as  there  is  nothing  in  thefe  authorities  in  point  of  conference 
 to  condemne  the  Parliaments  prefent  refiilance,and  defenfive  warrcasunlawW. 
 
 Secondly,  they  all  feeme  to  gram, that  the  Chrifthns  deemed  refiftaoce  even  by 
 force  of  Armes  to  behwfull  for  them,  though  they  ufed  it  not ;  no  Text  of  Scrip- 
 ture prohibiting,  but  allowing  it,  and  thefe  Fathers  producing  no  one  textwhicn 
 uuly  condemncs  it;this  being  the  very  fummc  of  their  word*.     That  though  the 
 
 Chri- 
 
 u 
 
VVarre^  both  in  point  of  Law  andConfcience*  1 4 1 
 
 Chriftians  were  exceeding  many  in  number,  of ftrength  and  power  abundant lj  fufiici- 
 ent  to  defend  tbemfelves  in  a  warlike  manner  against  their  per fecuters,  and  had  full  liber- 
 ty and  no  reftraint  upon  them  in  point  of  (fonjeisnee  cither  to  with/land  their  perfc  enters 
 with  zArmes%  or  to  withdraw  them  ft Ives  from  under  theJHrifdiBion  of  their  per  f" enters 
 into  remote  parts,  to  the  great  wea^nitg  and  lojfe  of  the  State*  jet  fuch  wot  tktir  pati- 
 ence, innocency,  and  de fire  of  Martyr  dome,  that  they  reft  ft  cd  notth:ir Advrr fanes  with 
 force ^  nor  retired,  nor  flrd  aw.tj  from  under  their  obedience,  bat  cheerfully  without  the 
 I: aft  refinance  by  word9  deed^  or  thought,  yeelded  up  their  Bodirs,  Liberties,  Lives,  to 
 the  cruellies  of  their  Enrmies,  toobtaive  that  Crown;  of  Maryrhmc  which  they  defi- 
 red%and to  offer  up  themfehes  a  voluntary  freewill oblation  to  tic  Lord,  who  would  cer- 
 tainly avenge  all  their  wrongs.  This  is  the  fum  of  all  thefe  Authorities,  which  evi- 
 dence refiftance  law  full  in  it  (elf  e,  and  tothefeChriitians  too  in  their  owne  judge- 
 ment* and  relolutions,  though  the  defire  of  Marcyrdome  made  them  freely  to  for- 
 beare  ir.  Thefc  Eximplesand  Authorities  therefore  abundantly  corroborate,and 
 no  wayes  iaipeach  our  caufe. 
 
 Thirdly,  their  examples  of  not  refitting  Perfecuter?,being  rather  voluntary,  then  3% 
 
 enjoyned,  out  of  a  longing  defire  to  be  Martyrs,  and  an  afluraoce  of  divine  venge- 
 ance to  be  executed  on  their  Pcrfecuters,  is  no  reftraint  nor  ground  at  all  for  other 
 CiirillianSj  now  not  to  u(e  any  forcible  refiftance,  it  being  a  grofle  inconfequcnt  to 
 argue  :  The  Primitive  Chriftians  \oluntariIy  refuted  to  defend  themfelves  with 
 fotceof  Atmesagainft  their  Perfecuters,  though  they  were  not  bound  in  point  of 
 Conference  from  fuch  refinance,  and  had  both  liberty  and  power  to  refill.  £rg^ 
 Chriftians  in  point  of  Gonfcience  ought  not  to  make  any  forcible  refinance  againffc 
 opprefling  Lords  and  Perfecuters  now:  For  then  this  their  voluntary  choice  and 
 election  mould  deprive  all  following  Chriftians  of  that  ability  of  defence  which 
 both  themfelves  then  had,and  fincc  enjoy  by  Gods  and  Natures  Law.  Yet  this  is  all 
 the  argument  whTch  can  beingenioufly  framed  from  thefe  Authorities  and  Exam- 
 ples •  the  abfurdity  whereof  I  (hall  thus  further  illuftrate  from  like  Precedents :  We 
 know,  firft,  That  (  f)  the  primitive  (fhriftians,  out  of  a  defire  of  martyrdome,  net  only  C  f)Sce  Sccrjt. 
 refujed  to  rcft(l,  but  t>  flee  away  frcm  their  Tcrficuters,  when  they  might  faff  lj  doeit''Jc}-'hP*r}'Xo^ 
 feme  of  them  holding  it  unlawfull  dnd  diftjonourabU  to  flee  in  fueh  a  cafe;  by  name  JjfiujB 
 TirtuUtan^  in  his  bookc  Defuga  inperftcuiienc.    Will  cur  Oppcfites  frcm  hence  in-  p /X  Afts  and 
 ferre:  Srgoy  it  is  unlawfull  for  Chriftians  note  nt'y  to  rcfifl,  hue  even  to  flee  from  Monuments. 
 their  Perlecuters3  or  his  Ma/efties  murdering,  plundering  Forces?  O  for  them  TenyJ*  ^f%* 
 (eivestofi^nQconely  from  the  Parliaments  Forccf,  but  Juftice  too,  a*?  many  of  6"^3;: 
 them  have  done,  yea3  made  efcapes  againft  Law  to  flee  therefrom.  If  the  Chriftians  u^rtmu 
 not  fleeing^binde  neither  them.Tior  us3notto  rice  now. why  mould  their  not  refilling 
 onclydocit?   Secondly,  Q)  The  Primitive  Chriftians  ran  to  i  'martyr-  (z)SceFo.t 
 
 doncc^  when  thij  were  neither  acenfed^  cited^  perfected  by  ^ny,  freely  csnf-ffing  theptfehes  A"ls  3ru 
 Chriftians^  ar.d rather  d( firing prefently  to  die  Ms tyrs  then  i> \ 
 
 ting  it  worfc  then  death  not  to  be  admitted  to,  or  a  l.tid  the  heme*  cf  being  C^fartyrs, 
 of  which  we  have  infinite  Prefidents  inEccldi  fticail  HfOorks  commonly  known  r:_>  ^ 
 and  over-tedious  to  recite,  I  (hail  onely  infta:  ce  in  Julian  the  .  .poftates  (h)  Chri- 
 ftiar*  Souldiers  :  who  being  oveE-rc:ched  by  him  under  colour  of  a  hrgcfTe,  to 
 '  throw  fome  Frankincenfe  into  a  fir?  vecretly  kindled  by  the  Ernpcrour  in  honor. r 
 J  of  an  Ido},  they  dreaming  of  no  fuch  thing,  and  doing  U  onely  as  a  metre  ccm- 
 
 S  3  plemeniai.l. 
 
142  The  Lawjulnejfe  of  the  Parliaments  mceffirj  Dcfenfiv  e 
 
 *  plementall  Ceremonie  $  asfoonas  they  heard  how  the  Emperour  had  over-res* 
 
 *  ched  them,  and  given  out  fpceches  that  they  had  facrificed  to  his  Idol,  prelcntly 
 
 *  riling  from  the  teaft  prepared  for  them,  in  a  fury,  inflamed  with  zeale  and  wrath % 
 c  ran  through  the  Market  place,  and  cried  out  openly,  Wee  are  Chriftians,  Wee  are 
 
 *  Christians  in  minde  $  let  all  men  heare  it,  and  above  all,  God,  to  whom  we  both 
 c  livcand  willalfodie.  OChrilt  our  Saviour,  we  have  not  broken  our  faith  plight- 
 ed to  thee:  If  our  hand  hath  any  way  offended,  verily  our  minde  followed  knot 
 f  at  all  jwe  are  eircumvented  by  the  Emperours  fraud,with  whofe  gold  we  are  woun- 
 'dcd.  We  have  put  off  impiety,  we  are  purged  by  blood.  After  which,  porting 
 «fpcedUytotheEmporour>  and  catting  away  their  gold,  with  a  generous  and  ftre- 
 '  nuous  minde  they  exclaimed  againft  him  in  this  manner.  O  Emperour,  we  have 
 c  not  received  gifts,  but  are  damned  with  death.  We  are  not  called  for  oar  honour, 
 c  but  branded  with  ignominie*  Give  this  benefit  to  thy  Souldiers,  kill  and  behead 
 c  us  unto  Chriit,  to  whofe  Empire  onely  we  are  fubjec*.   Recompence  fire  for  fire  5 
 
 *  for  thofeafties  reduce  us  into  aflies*  Cut  off  the  hands  which  we  have  wickedly 
 Wretched  out  5  the  feet  wherewith  we  have  pernicioufly  run  together.  Give  gold 
 c  to  others,  who  will  not  afterwards  repent  they  have  received  it  $  Chrift  is  enough, 
 €  and  more  then  fufficient  unto  u?,  whom  we  account  in  fteadof  all.  The  Ernpe- 
 'rour  enraged  with  thisfpeecb,  refufed  to  flay  them  openly,  left  they  fhould  bee 
 c  made  Martyrs,  who  as  much  as  in  tbcm  lay  were  Martyrs;  but  onely  banifhed 
 c  them,  revenging  this  their  contempt  with  that  punrmmenr.  Will  it  then  follow 
 from  thefe  memorable  examples,  That  all  true  Chriftians  now  in  England  and  Ire- 
 Wmuft  come  thus  and  offer  themfelves  voluntarily  to  the  Popiln  Rebels  and  For- 
 ce? (now  in  Arms  to  extirpate  the  Proteftant  Religion  in  both  Kingdoms,)  or  that 
 the  Members  of  both  Houfes  mult  go  fpeedily  totf.vjWtotheKingand  Irs  evili 
 Counfellors,  and  there  let  them  kill,  hang,  burne,  quarter,  flay,  execute,  torture 
 them,  fubvett  Religion,  Laws,  Liberties,  Parliaments,  without  the  lea  It  refinance? 
 Or  will  our  Oppofius  hence  conclude  (as  they  may  with  better  Judgement  and 
 Confeience  doe  )  Ergo,  allfuch  ptrfons  voted  Traitoisand  Delinquents  in  any 
 kinde  Sy  both  Houfes  of  Parliament,  ought  now  in  point  of  Conscience  ( to  avoid 
 the  effufion  of  blood  and  ruine  of  the  Realm,  through  the  civill  warres  they  have 
 occasioned)  to  lay  down  their  Arms,  and  voluntarily  refigne  uptriemfelves  to  the 
 impartial!  Jutticeof  the  Parliament,  without  any  the  leafi  refinance  for  the  future: 
 If  no  fuch  Dcftiinail,  or  Practical!  conclufions  may  be  drawne  from  thefe  their 
 Piecedentsof  voluntary  feekingand  rendring  themfelves  up  to  rjie  Martyrdome 
 of  their  Gppofices ;  then  the  unlawfulneffe  of  refitting  cannot  be  inferred  from 
 this  their  non-refitting.     Thirdly,  how  many  cowardly  Souldieis  in  all  ages,  and 
 
 (  )  %tfo  in  this  too,  frave  voluntarily  ycelded  up  Forts,  Catties,  Ships,  Armes,  Perfcns,  to 
 f^itup'  .  their  invading  approaching  enemies  without  fight  or  rehttance?  How  mar  y 
 UkiA.j7..l.i4  perfonsbavereiigneduprheii  Purfes  to  high-way  theeves,  their  Lands  to  difTeifbrr* 
 e  .8.  rDiin.  Hip.  that  Hojies,  Goods  to  riotors,  their  Ships3  Eitates,  Perfons,  to  Turkimand  other 
 y^stuboGreg.  pjrats,  p;  thou  :ny  refiit  nee,  when  they  might  have  lawfully  and  ea lily  prekrved 
 U.\6. 1  Mtc.z.  j^  ^  refitting  ?  Will  it  therefore  follow,tnat  all  others  nu.it  do  fo  >  that  we  mult 
 H  ho  ycf  rhc  not  6^  againtt  Evading  Enemies,  Theeves,  Pirate  Riotors,  bee  avife  many  good 
 Ribbath^.i.  Chriftians  out  of  fearorcowardife,  or  for  ocher  reafons  havenot  done  it  in  ail 
 <J/>-8,  '  «g*3f  itiownot.    Will  the  Jewsttfufi  gtlirec  (.0  or  fwr  fcvcrall  timer  to  dtfrnd 
 
 them- 
 
IVarre,  both  in  point  of  Law  andConfcknrc  I43 
 
 them!  elves  ugaihft  their  injulting  demies  on  their  Sab  bailor  rhe(i)  Cotloes  not  rep  fling  (0  I ' 
 that  h.vaii^z  foes  on  the  LsrdsV'aj  1  or  will  the  v4ltX4ndrUn]cm%  tXJinplc  and  \ 
 
 »••*  /■Km  ,  J  ■  1  v  /  )     fi       *\.ez»iii-  til  p. 
 
 ^/echtof^""-'**,  (v)  Inermcs  (hwm  ut  vides,  &  \amen  fun:  qnt  n-'S  lanotAm  bvjtes  ^; .  ,c~^ 
 
 frtblic-is  hie  crimirtw.tur.   EtUmesu  auOd  ad  noftri  tut  el  am  fdrteS  d.dit  naiura,  rct?o  (u)tiitfp  (Jro- 
 vertimus  nbi  nihil  habent  quid *f*n* \  corpora  jfrabttrw  >  pattntta  ad  impt- 
 
 tum  eorum  qui  nos  Voluni  occid.f'e.     CX   that  tximple  of  the  Qbrittfen  [  .\' )  Thi-  {»'***£•  Ah 
 ban  Legion^   (hiii  without  the  leaft  rchltante  for  their  Religion:  who  as  an  an*4.9j#£/^V 
 cient  Mirtyiiologvrr  (aiih,    (dJ'6/uttur  pAJfim  glad'tU  non   recLimtnus,  fed  cr  dt-  ^,.88.89.  ' 
 ppfltU  arm's  cervices  perJecutonb'ASvd  inteftnm  corpus  oifernntes  :  warrant  this  de-  (k) SeeG/tr 
 tiuclion.  Brgo^  no  Chriftians  now  muft  refill  their  invading  enemies  on  ihe  S^b- '"*•■'- 
 bath  day,  but  mini  offer  their  nak'-d  bo Jics  head*,  thro Jt«, unto  their  fworch  and 
 violence?  If  not,  then  thefc  examples  and  authoi  ides  will  no  wayes  prejudice  our 
 prelent  refinance. 
 
 Fourthly,  theChrifliansnotonely  refufed  to  re'ltl  their  opprefTii.gEmperouri 
 an  J  M^iitiateSjWho  proceeded  judicially  by  a  kinde  of  Law  againft  them,b\it  even  4' 
 
 the  vulgar  people,  who  afTaulted,  ftoned.llew  them  in  the  ilreetsagainii  Law,  asTV- 
 tuHidns  words,  Quoties  enim  preterit is  a  vobts    SUO    J  U  R  E  NOS    INIMI- 
 CUM   V  U  LG  U  S   invadit  Upidibiu  & incendiu^ &C. manifeft  without  a.l con- 
 tradiction *y  and  indeed  this  paffage  fo  much  infilled  on,  relates  principally,  if  not 
 onely  to  fuch  aflaults  of  the  rude  notorious  vulgar,  which  every  man  wid  grant 
 the  Chriftians  might  lawfully  with  gocdconfcience  forcibly  refill,  fcecaule  they 
 were  no  Magifi rates  nor lawfull  higher  powers  within  Rem.  13. 1.  2%  or  1  Pet.  2. 
 13,14.  Either  then  our  Antagonist  mull  grant,  that  it  is  unlaw  full  in  point  of  Con- 
 ference forcibly  to  refill  the  unlawfull  aflaults  and  violence  of  the  vulgar  or  pri- 
 vate perfons  who  are  no  Magiltratt  s .-  and  that  it  is  unlawfull  now  for  any  Chri- 
 ftians to  rcfift Theeves,  Pirats,  or  beare  defenfive  Armes,  as  the  (7)  Anabaptifts  ry^Lucls 
 (from  whofe  quiver  our  Antagonist  have  borrowed  this  and  all  ether  Jbafts  againlt  the  OjSti.  L 
 pr/fcntdeleBfivewarre)  and  io  make  the  primitive  Chriftians  ali  Anabaptifts  in  stmiijif, 
 this  particular :  Or  elfe  inevitably  grant  refinance  lawfull,  notwithancjing  their 
 examples  and  thefe  pafTages  of  not  refitting.   The  rather,  becaufe  Tertutiian  in  the 
 next  preceding  words,  puts  no  difference  at  all  between  the  Emperour  and  meaneft 
 Subjects  in  this  cafe  $  ldtmfumtu  (<aith  he)  lmperaioribnsj]ui  &  z'u  i>us  nojhid  male 
 tnim  vetle^mate  facer  ey  male  dicer ■/»,  male  cogitare de quequam  ex  aquo  vetamur, §jnod' 
 cunqn:  non  licet  in  Tvtperatorem  idn  c  in  qxenqaam* 
 
 Fifthly,  admit  the  Chriftians  t,hen  deemed  all  forcible  refinance  of  perfecuters  <?; 
 (imply  unlawfull  in  point  of  Confidence,  as  being  a  thing  quite  contrary  toChri- 
 (ihnprofeflionand  Relig-on  j  thenas  k  nccefurily  proves  on  theoneliie,  That 
 even  Chriftian  Kings,  Princes,  Magiftrates,  mud  in  no  wife  forcibly  refitt  the  cu- 
 multu jus  Rebellions,  Infurre&ions,  and  perfecutions  of  their  SubjeSs,  beceufe 
 they  are  Chriftians  as  well  as  Rulers,  and  in  this  regard  equally  obliged  with 
 them  n  Jt  to  refill  with  Armes;  much  lefTe  then  their  Parliaments  Forces  lawfully 
 raifed  for  the  pubiike  defence.  So  on  the  contrary  part  it  fellows  not,  that  there- 
 fore refinance  is  either  unlawfull  ,n  itfelfe,  or  that  the  Parliaments  preient  refin- 
 ance is  (b.  Forfirft,  fuc :i  refinance  bein^no  where  prohibited  (as  I  have  furmerly 
 proved)their  bare  ooinion,thar  ir  w  is  unlawfull  to  them,cannot  make  it  fo  to  them, 
 or  us  in  point  of  conlcieuCv3u\iCcGod  hath  not  made  or  declared  it  fo.Secondly  ,thc 
 
 primi- 
 
1 44  The  Lawfnlnejfe  of  the  Parliaments  mceffaty  Defenfive 
 
 q 
 
 primitive  Chriftians  held  many  things  unlawful]  in  point  of  Confcience,  which 
 (X)T)ecdrm  we  now  hold  not  fo.  (-&)  Tertttllian  and  others  in  forme  118,  That  the  Chriftians  in 
 Mitts*  his  time  thought  it  a  hainous  finne  QNefias  )  to  fray  keeling  on  tie  Lords  day,  or  be- 
 
 tween Eafter  and  Whit  fontike  (andfoby  conicquence  tokneele  at  the  Sacrament ) 
 fraying  alwayes  ft  andi-ig  on  thoft  dayes  in  memory  'f  fori  ft  s  reJurreUion.  Which  cu- 
 0)Sm^Cm't  {tome  was  ratified  alfo  by  many  '(*)  Councels:  Yet  then  it  was  lawfull  no  doubt 
 fm.Tp.iotu*  in  it  felfe  for  thtm  to  pr  y  knefelt  3,  and  we  all  ufeche contrary  enftome  now.  The 
 /ow.3.^.324.  Chriftians  then  held  it  unlawful),  to  eat  blood  in  f  Mings,  or  any  other  meats ,  as 
 277.  (  £)  Tertullian,  (  c)  Minucius  Felix  teftifle,  and  many  (d)  Cotsmeh  exprejply  fro- 
 
 (*0  Aplegp.     hibitedit  ftnee,  as  mlawfull:  Yet  all  Churches  at  this  day  deem  it  lawful!,  and  pra- 
 {U?concil*CoK-  ^k  the  contrary.  The  Chriftians  in  !Tm##;,i».r  dayes,  and  he  himfelfc  inafpc- 
 jtunu6.cjn.76.  ciallBook,  T>  e  f tsga  infer  fee  utione,  held  it  unlawfull  to  flee  in  times  of  fcr fee ution,  - 
 Switts  torn.*,     and  therefore  they  voluntarily  offered thtmf elves  to  martyrdome  without  flight  or  refift- 
 £.1050,  ancr*    Yet  wc  all  now  hold  flying  lawfully  and  all  forts  pracliie  it  as  lawfull ;  yea 
 
 naany  more  then  they  ought  to  doe.    I  might  give  fiundry  other  inftanccs  of  like  na- 
 ture: The  Chriftians  opinion  therefore  of  the  unlawfulneffe  of  any  armed  refin- 
 ance of  Perfecuters  pi&iike  or  private  ( held  they  any  fuch)  though  fecondedwith 
 their  practice,  is  no  good  argument  of  its  unlawful  neffe,  without  better  evidence, 
 eieherthen,or  at  this  prefent.     Thirdly,  the  cafe  of  the  Primitive  Chriftians  and 
 ours  now  is  far  different ;  The  Emperours,  Magiftrates,  and  whole  States  under 
 which  they  then  lived  were  all  Pagan  Idolaters,  their  Religion  quite  contrary  to 
 (e)Teftul.        the  Laws  and  faHe Religions fetled  in  thofe  States:  There  were  many  (e )  Laws 
 Apokz*  Eufebi-  and  Editls  then  in  force  againft  Chriftian  Religion,  unrepealed  :  molt  Pr  ofefibi  so£ 
 tt*\  Socrates,      Religion  were  of  the  loweft  ranke,  (f)  not  many  wife,  Noble%  mighty  men,  fcarcc 
 fcolapjcut,         mj  great  officer,  Magiftrate^  or  Senator,  was  of  that  frofejfton,  but  ail  fierce  ene- 
 4f)cli.i  *6,    m*e8  againft  it :  F^T  Chriftfaift  being  but  private  men,  and  no  apparant  body  of  a 
 John  7*48.    '    State,  to  makeany  publike  forcible  reiiftance  in  defence  of  Religion  againft  Em-< 
 perours,  Senators3  Magiftrates,  La  wes,  and  the  whole  State  wherein  they  lived ,  h«i 
 neither  been  prevalent  nor  expedient  5  a  great  hinderance  and  prejudice  to  Religi- 
 on, and  as  feme  hold,  unlawful!-  But  our  prefent  C3(e  is  far  otherwiie$  our  King, 
 Parliament,  State,  Magiftrates,  People,  arc  ?Al  Chriftians  in  external!  profeffion, 
 our  Prcteftant  Religion  eftablifhed.  Popery  excluded,  banifhed  by  fundry  publike 
 Lawes  5  the  Hcnfes  of  Parliament,  and  others  now  refilling,  are  the  whole  body  of 
 the  Realme  in  reprefentation ,  and  have  authority ,  even  by  Law ,  to  defend 
 themlelves  and  Religion  againft  invading  Popifli  Forces :  In  which  regards  our 
 prefent  refinance  is,  and  may  cleerly  bee  affirmed  lawfull,  though  the  primitive 
 Chriftians,  in  refpect.  of  the  former  circumftances,  might  not  be  fo.  Secondly, 
 their  refiftance,  (efpecially  of  the  Magiftrates  not  vulgar  rabblej  if  made,  had  been 
 onely,  fingly  for  defence  of  their  Religion  then  pra&ifed  but  in  corners,  pub- 
 likely  condemned,  no  where  tolerated:  Our  prefent  war  is  not  onely  for  defence 
 of  our  Religion  eftabliftied  by  Law,  and  to  keep  out  Popery,  but  for  the  pteferva- 
 tron  of  Laws,  Liberties,  the  very  efTence  of  Parliaments,  the  fafcty  of  the  Realme, 
 an  i  th  it  by  authority  of  Parliament,  the  reprefentative  body  of  the  Realme.  The 
 Parliaments  defenfive  warre,  therefore,,  upon  thefe  politicke  grounds  is  juftand 
 lawfull,  though  the  Primitive  Chriftians,  perchance  in  defence  of  Religion  onely, 
 as  its  cafe  then  ftood,  would  not  have  been  fo :  even  as  the  Roman  Senators  and 
 
 Statel 
 
 '11 
 
 * 
 tin 
 
 (v: 
 
both  in  Tomt  of  La-ty  and  Ccnfccnte.  x  .  + 
 
 Mates  refilling  of  iWo, or  any  other  TyrrinicJl  Emperors  violations  or  t tot  Laws 
 Liberties,  Lives^Eflates  of  the  Scnite,  people,  were  then  reputed  ;ufl  and  lawful^ 
 though  the  Cbritiians  defence  of  Religion  would  not  have  been  (o  cflecmed  in  thofe 
 times.  And  thus  I  hope  I  havefathfactonly  an! were.1  this  ob;cclion  without  fiuTcs  cr 
 evafion^ainlrcclificJthcrciniftakcn  Fathers  m^An^£s,v\ith  which  our  Oppofues  have 
 lcdiiced  the  illiterate  over-  credulous  vu' 
 
 J  nave  now  (through  Gods  affiftancc;  quite  WO  through  all  (  ni  c/rooment 
 
 fro:n  Scripture,!?  calcn,  Fathers,  againiUhc  lavtiuhicilc  of  the  Parliament?  prefent  di 
 fenfive  war,  and  dif covered  divers  groflc  errors ,  yea  ,  Impofturcs  in  our  Oppofmn 
 writings,  wherewith  they  havepervened  many  mens  Conference* ,  andcheaed  ti 
 ignorant  f educed  world  :  I  fhail  therefore  here  adjure  them  in  the  prefence  of  AU 
 mighty  God,  as  they  will  anfWcr  the  contrary  before  his  Tnbunall  at  the  Day  of 
 Judgcmcnt,fcr;oi;ily  toconfidcrcheemy  anfwcrs,and  pubhkely  to  retract  thofe  their 
 Eriors,faircgioiTcrr»if-intcrpretations,pervC.fions  of  Scriptures,  Authors,  which  I 
 have  heredifcovercd.  And  m  cc  they  pretend  nothing  but  tbefatisfjing  and  keep- 
 ing of  a  zood(g)  Qovjliey.cc  in  &  by  others  %concernedin  this  Contrcverfic;  to  (hew  a  fy  u_ 
 ccrciugenuousConfciencethereinthemfelveswhcre  they  have  been  miftaken  ,  fine;  \0f 
 
 thccomeftation  pretended,  is  not  for  Viilo^y^Timc-fcr^ingyOt  Self-  feeing;  but  for  c*l/t*me>jk 
 Truth, gods  glory  ^nd  the  publikeweai ':  and  iflhaveovcr-fhotmy  i'elfinany  thing,  4i 
 I  (hall  promifcthcma  thankfull  acknowledgement^  and  ready  palinedj  upon  their  in*  Cm- 
 formation  and  conviction  of  any  apparent  overnights,  I  may  cafually  fail  into.  CbrVt)  n  r 
 
 Now  becaufcthcy  (hall  not  deem  me  lingular  in  my  ©pinion  concerning  the  law-  iecTion,&e  ail  • 
 fulneffe  offiib/'cft^  defenfivc  Arms  againft  their  Sovcraigns,  bent  to  fubvert  Religion,  plcadamfcitncti 
 laws  Liberties,  the  R  epublike ,  or  deem  it  i  *  a  ia  te  upltai  t  Novelty,  I  fhali  conclude 
 this difcourfe  withfuchpcjfonaU,  natuiail  and  publike  authorities,  as  they  Qvll  not 
 be  able  to  balance  with  coiinter-refohjtionsj  ki  whichlfliallbcas  brief;- s  I  may  be. 
 For  perfonaJl  Alithoriticj,  I  (hall  not  be  ambitious  to  remember  many,  cfpeciaily 
 Pap.flSjWhofe  common, conrtant received  op:nion,and  pre ftife  hath  alwayes  been  and 
 yens,   (b)  That  Sub  jells  up wn  thePopes command alone,  and  abfolution  of  them  from  WS&fml, 
 their  Sovereigns allegiance }  may  and  ought  to  t*ke  r:p  even  ojfenfive  tArms  against  1'P"*,°* 
 their  owne  nat  ur  ail  Vr  wees  excomtrm  ,  inter dieted,  depofedy  or  oncly  decla~ 
 
 red  contumacious  ^  Schtfm  tic  all  or  Hereticall  by  the.Vopz,  without  y  yea  ,  again  ft 
 their  Kingdoms^ ]ar i 'iaments privities  or  confeht',  h-mchmcre  thtnivith  their  npfro* 
 bation.  What  Papiits  havedetcrmincd  and  pracliicd  in  this  very  point  you  may  read 
 atlargein  ffrdtiamhim1c\£ C**fa.%$*J%M4sjt*6*  and  Caufa.z$.  in  the  very  Oath  of 
 Supremacies^^  Statut  ot  $.Jacobt>ch  4.  whiebprefcrbesit,  in  Bifhop  levels  view 
 efafeditious  Bullfm  Dottor  lohn  WnitehU  Tttftneecfthew.iy,  Chdp.6\&  10.  in  Ah* 
 bos  Vfpergenjis,  Sabellicus  %VuUterantis ,  Gnmjhn  and  others,in  the  Lives  of  the  Ro- 
 man and  German  E^peroursj  in  Avt  mine  his  AnnaliumBojorismf\\zGeneraUend, 
 Particular  Htfiories  of  France  t  Spam,  germanj,  Italy,  Sicily  Hungary ,  E^'glind; 
 in Bifhp'Bilfons  third  part  of theTrue  'Difference  between  Chrifiian  Sui  nd 
 
 mchrtfiian  Rebellion.  Infuudry  Sermons  on  the  f ft  of  November ,  to  which  /  (hall 
 jefer  you :  Jn  PopeVafchal  his  letter  to  RobertE^rl 'of Flanders,  about  the  year  o 
 our  Lord,  1 107.  exerting  him  to  war  againfi  thofe  of  Ltige,  Henry  the  Empero;*,-  and  em.Ecei.  Gal  J* 
 his  Afllftants %whtrtfoever  he fhculd  finde  themy  excommunicated  and  depofed  as  an  J-**ty 
 Heraike  ancHnemj  to  the  Church  5  telling  him,  that  he  could  not  of er  a  more  gratefull  7**5 
 
■-II.  .  -  lt  
 
 1 4  4  The  lawfulnejfe  of  the  Parliaments  tteceffary  defence  War 
 
 >*«  ■  ■  -  -  -  ■  i    .  ■  ■  in  i  <  ■      .......  - 
 
 facrtfice  to  g0d,thentoware  againfi them  .  concluding  \   Hoc  ubi  &  Militibtu  t 
 
 in  peccwrum  rcmiffionem     &  ^fp^Uica  fed*  famiharitatem  pracipimns     ut  his 
 
 laboribn,  &  trissmphu  ad  Coeleftem  Hierufalem ,  Domino  pr  aft  ante,    pervemas  • 
 
 **e:heBHt  Vc  Which  Let  er  was  excellently  anlwered  by  thofeof  Leige.  And  in  the  *  Cosncel    f 
 
 WtXeclef.        Torres  in  France , under  Levses  the  tvtztixh,  Anno  i<\a.  it  was  unanimnnflv^r*!     a 
 
 2ES3:  "yffr^r;^^^  fri*t  ^  -~^t  t 
 
 Vkb.Gilkt      l*»ds  which  they  he  d  not  c^  of the  Church ,  they  might  lawfully  by  force 
 
 jma\s  of        of  Arms  rifijt  and  defend  both  them/elves  and  others-,  &  net  only  repute  this  inmri  but 
 Zrance,  Itkowife  invade  the  lands  of  the  Qhnrch,  pofieffed  by  the  Pope  their  notorious  enemy  not 
 
 perpetually  to  retain  but  to  hinder  the  Pope  from  becomming  morejlronZ  and  poient'bf" 
 tvem.to  of  end  both  them  and  theirs.  And  that  it  was  lawful  for  fuch  Princes  for  ■ 
 fuch  notorious  hatred  and  unjujlinva/ton  to  withdraw  them  ft Ives from  thepopes  obedU 
 
 f  them, 
 
 i but tre 
 
 rgenoman.   Yet  I  mult  inform  you  r'urtner in  brief 
 
 thzt  John  Maior  a  Popifh  Schoolman  in  Lib.  a.  Sentent.  (as  Grotitss  writes)  affirms' 
 
 averres,  that  if  a  King  will  alter  ate  and  [ubieUhus  Kingdom  to  another    without  hi 
 
 fubiefts  cenfenrs,  or  be  carried  with  atmehofilefnin.de  ,  to  thed'ftrts&ien  of  all  his 
 
 people %that  his  Kingdom  is  thereby  a$u  My  loft  and  forfeited,  fo  as  the  people  may  not 
 
 o«elyabfolutely  refift,  anddifobey,  but depofehim, and eletl another fine*  to  which 
 
 Hyneture      (V  H"g°  G°rtiH*  *  Protcftanr,  freely  fublcribes;  and  IohnBodin  allowcth  ofSub- 
 
 BtlUJ.i.c.4.    je6t$refij}ance,yea,  depofing  kings  ,  mfome  Kingdoms  abfolutely. andsn  fome  cafes  ire 
 
 fia.ic,ii.p.*9  neraHyinaBi  De  Reput J.\.e.\o  V.i.  f.5  & l^  c.^cfr  6.  For  ProtcftantpcTfonail  au" 
 
 -$?•  thorities:    we  have  Hnldsricw  Zuinghm  yExplanatio  Articuh^o  4l  42  42  Tom  1 
 
 fJ.S2.t0  U.  who  allows  not  only  Subietfs  a&uafJ  r^/t^e^tiUtro^^pXMot'' 
 
 fvhere  Prices  fit  them/elves  tp ftsbvert Religion,  ^wsyL:benus^u6  that  by thecom- 
 
 J  men  content  of  the  States  in  Parliament,  f  om  whom  ATin^s  ori^inaHy  receive  their 
 
 Roy  all  power  and  authority.  Martin  Luther ,  Bu*enh  agists ,  lufius  lonas     Ansbf 
 
 dor  fins  t    Spalotintis,  Melantthon,  Cruagcr,   And  athfr.  Divines  Lawyers    State? 
 
 mess,  Ann*  15 31.  who  publifbcd  a  writing  in  jurMcation  of  dcfwifiVe  Arms  by 
 
 Chrom  Saxe- 
 
 fobjeas in  certains  cafes;  Sleidan.  Hift.  lit. %<\%.22.D avid Chrytratu   Chron  Saxl 
 ma  J.  ll.p.  3  76.  Rtchardus  Vinethus  de  BelloCiviU  Galltco  Religions  'caafafufceptJ 
 i.4.,.zo^<Si.  P'2? }  •«»!»  25,227   ^    A  book  intitulcA.De  fare  BeUs  Bclgici,  Haga%  »599.  purl 
 ^w  D«  f.v.  poicly/uftirying  chelawfulncfle  of  the  Low-countries  dcfenfive  war*  Smanuel  Mete 
 v..iS.<ofiaKdcrramis  Hijhrta  Belgica,  Prtfat.  &lib.I.tol7.  DatidPartis   Com   in  Row  12" 
 
 M 
 
 9 
 
 9a  contra 
 
 &ra?l3K, 
 
 Netherlands  and  dkwhcic^  hhuKno^es  his  Appellation^*. to  31  GV*™*  Bucanona 
 ^*l*r.eRein%apudScoto*^\\hTtimy 
 
 ££&  &&r*tt****».*  Book  iaf.uicdj.WyJL;., ^  "X; 
 
 i*4'awr,  frt^^^J^^A^-3f*«lfe"*  ?'^**«  Book  «,  a^.daves.in.itu- 
 
 Commentarj .? 
 
both  in  To'tnt  of  Law  and  Confcience*  1 4  5 
 
 C  ommentary  on  Romanes  i  j.  £l**fli°**  16,  &  Qontroverfie,  ^.^.588  589,  59a,  608, 
 cy-c.  *  Peter M*rtjr Com. In  Rom.i  j  /-.  1026.  \\ichfundry  late  writers,  common  in  *  Ard'mX  lui* 
 every  mans  hauds,  iuftifyiH£  thcJaArulneflc  of  the  prefent  defenfivc  War,    whofe  34>5f* 
 Names  1  fparc.  An  J  left  any  fhould  think  that  none  but  /'uritanes  have  maintained  this 
 opinion,  YL  James  himfelf in  his  Anfwer  to  Card,  ferron,  iuftificth  the  French  Pro- 
 teflant  taking  up  DefenfvcArmsin  Franer*And(l)  Bifi.  Bilfon(z  fierce  Antipurkane)  (!)Jhe  *"* 
 not  oaely  defends  the  Lanful<:effe  oj the  Troteflants  defenfive  Armsagainft  their  So-  p^^aW 
 veraigns  in  Germany,  Flaundcrs,  Scotland^France-,  butlikewife  dogmiticallydc-  52.1  Vl2^- 
 termines  in  thefe  words ;  " Neither  will  I ' ra[bly pronounce  4'lthat  refisl to bcRcbels; 
 tl  Cafes  may  fall  cut  even  in  (fhrtftian  Kingdoms  ,   where  the  people  may  plead  their 
 <f  right  agamft  the  Prince,  *AND   2^0  f    BE  CHARGED    WITH    R8BEL- 
 "LlON,  tAs  where fur  example?  IfaTrincefjouldgo  about  to  fubjeft  his  people 
 « toaforreign  Realm,  or  change  the  form  of  the  Commonwealth  from  Imp  cry  tol'y- 
 €t  rannte  ,  or  neglect  the  Laws  eftablifljed  by  Common  confer.t  of  Prince  and  people ,  to 
 "execute  his  own  \leafurc.     In  thefe  and  other  cafes  which  might  be  named,    IF 
 "THE    N031LITY  AND  COMMONS   IOYN     TOSETHfcfc   TO   DEFEND   THEIR 
 "ANCIENT     AND     ACCVSTOMED  LIBERTY  ,  REGIMENT  AND  LAWS,     THEY 
 *  MAY  NOT    WELL   BE  COVNTED    REBELS.     I  ntv.r  denied,  but  that  the  People 
 «•  might  prefer  ve  the  foundation  ,  freedom,  and  forme  of  the  Common-wealth  t    which 
 c*  theyfsreprifedwhenthev  fjrft  confentedto  have  a  King:  As  Ifatdthop^fo  I  fay  now, 
 v  The  Law  of  God  giveth  no  man  leave  \  but  I  r.eier  faid ,    that  Kingdoms  ar.d  Com- 
 Cf  mon  wealths  might  not  proportion  their  States,  as  they  thought  beft^  by  their  publike 
 *<  Laws,  which  afterward  the  princes  themfelvesmay  not  violate ,    By  fuperiour  Pow- 
 c*  ers  ordained  of  God,  (Rtm.  \  3. )  we  under  ft  and  not  onely  Prtncesy  BfT  ALL  PO- 
 «  LIT  IKE  STAT  8  S    ts€ND    REGIMENTS',  fomewhere  ths  People,  fomc- 
 tt  where  the  Nobles Joavingthe fame  inter eft co  the fword  y   that  princes  have  to  their 
 «• Kingdoms  ,  and  in  Kmadomswhtre  Princes  bear  rule  bythefn-syd\  we  do  not  mean 
 "THE     PRIVATE    PRINCES    WILL    AGAINST   HIS    LAWS,  BVT  HIS    PRECEPT 
 "DERIVED   PROM   HIS     LAWES,   AND     AGREEING    WITH    HIS    LAWES: 
 *'  Which  .though  it  be  wicked,  yet  may  it  not  be  refifttd  of  any  fub jell ,  (when  derived, 
 **  from,  and  arreting  with  the  Laws  J   with  armed  violence*     UMaOTJ,  when  Princes 
 u  offer  their  Sub  jells  not  Iufttce  t  but  fores,  and  d'.fpifeaU  Larvs  to  pratlife  their  lufls, 
 n  net  elt(ryy  nor  any  private  m~n  may  ta%*  thefwerd  to  redreffe  the  Frittce ;   but  if  the 
 ci  Laws  of  the  Land  appoint  the  TS^obles  as  next  to  the  King  to  affift  himtneTotng  rtj 
 «■  and  withhold  hiwfromdointr  wrong,  THEN    BE    THET    LICENCED     BT 
 MANS    LAW,  v^ND    1^0  7*  PROHIBITED  BY  qof>S,    to  ixterpofe 
 themfelves for  fjfecuard cf  equity  ar.d innocetuy,  and  by  all  lawfull  AND  NEED- 
 "FVLL  MEANS  TO   VRcCVRE  THE  PRINCE  TO   BE   %E  FOR- 
 "  y^/E  D,  but  in  no  cafe  dtprtted  where  t;:e  Scepter  is  Hereditary,    So  this  lean 
 Biftiop  determines  in  his  authorized  Book  dedicated  to  Queen  E//<,^:^,     point- 
 blank  againfi  our  Novell  Coun-DoiftorSjandRoyD  11  ffo. 
 
 But  that  which  fwayes  moft  with  me,  is  not  the  opinions  of  private  men ,  bya(Tcd 
 oft-times  with  private  finiftcr  ends  which  corrupt  their judgemems,  (:.s  1  daie  fay 
 moft  of  our  Oppofitei  in  this  ccntrovcrfie  have  writ  to  flatter  Princes ,  to  gain  or  re- 
 tain promotions,  &c)  Betthegcncralluniverfall  opinion  and  practice  of  ail  King- 
 doajs,  Nations  in  the  world  from  time  to  time.  Never  was  there  any  Srate  or  King- 
 
 T  2  dorr^ 
 
146    .        The  Uwfulnefte  of  the  Parliaments  necejfary  !DefenJbe  fVar9 
 
 d<5m  under  heaven  from  the  beginning  of  the  world  till  now,  that  held  or  refoJved  it 
 to  be  unlawful!  in  point  of  Law  or  Confclence,to  refift  with  force  of  Arm*  the  Tyran- 
 ny ofthcirEmpcrours,Kings,  Princes,  efpecial.'y  when  they  openly  made  war ,  or 
 exercifed  violence  againft  them,  to  fubvert  their  Religion  ,  Laws ,  Liberties,  State, 
 Government,  if  ever  there  were  any  Kingdom,  State  ,  People  of  this  opinion  ,  or 
 which  forboretotakeim  Arms  again!*  their  Tyrannous  Princes  in  fuch  cafes,  even 
 for  conic  ience  fake, /defire  our  Antagonifts  to  name  them;  for  though  /  have  dili- 
 gently fearched, inquired  after  fuch,  /  could  never  yet  finde  or  hear  of  them  in  the 
 world;  but  on  the  contrary,/  finde  all  Nations,  States,  Kingdoms  whatfocvef,whe- 
 ther  Pagan  or  Chriftian,  ProteftantorTopifli,  ancient  «r  modern,  unanimoufly  con- 
 curring both  in  judgement  and  conftant  practice,  that  forcible  refinance  in  fnch  cafes 
 is  both  iuft,  lawfuil,  neceffary,  yea,  a  duty  to  be  undertaken  by  the  generall  confent 
 of  the  whole  Kingdom,  State,  Nation,  though  with  theeffufionofmuchblood,and 
 hazard  of  many  mens  lives.  This  was  the  conftant  pra&ifcoftheRomans,Greci- 
 ans,Gothcs, Moors,  /ndians,  ^Egyptians,  Vandals, Spaniards  fFrercTi,  Britains, 
 Saxons,  7talians,Englifh,  Scots,  Bohemians,  Po]onians,Hungarians,Danes3Swedes, 
 Jews,  Flemmins,  and  other  Nations  in  former  and  late  nges,  againft  their  Tyrannical! 
 oppr effing  Emperors, /CingSjPfinccSjtogcther  with  the  late  defen five  Wars  ofthe  pro- 
 tectants ijti  Germany ,  BohemiajFrance,  $  wethland,  the  I  o  w-countries,  Scotland,  and 
 cifcwhcrc,  againft  their  Princes,  (approved  by  Queen  Elizabeth, king  Limes  ,and  our 
 prefcntking  C/^/*/»  whoaffifted  the  French,  Bohemians,  Dutch,  and  German  Pro- 
 teftant  PriiKes  in  thofcWars,  with  the  unanimous  confent  of  their  Parliaments,  Cler- 
 gy-tPcopW  abundantly  evidence  beyond  ail  contradiction;  which  1  havemorepar- 
 ticularly  manifeftcd  at  largein  my  Appendix,  and  therefore  (hall  not  enlarge  myfelf 
 further  in  it  here  :  onely  /fhall  acquaint  you  with  thefe  five  Particulars 
 lm)sk\dmX  ?lx&>  thatin  the  (m) germane*  DdwRvc  Wars  for  Reiigion,in  Luthers  dayes,  the 
 2 8 'xi.  Bi(h9  '  D uke  of  Saxonie^  the  LantA.gr  ave  ofBeffejhe  Magtfirates  of  Magdcburge ,  together 
 Bilfon*  Difte-  with  other  Proteflant  Trine  sy  States,  Lawyers  fiities / 'cunfelhrs  and  Minifiersy  af- 
 ^me^&c.part.  ter feriom  confutation,  concluded  and  refolved,  That  the  Laws  of  the  Empire  permit- 
 5>p  5 i^Ckytr^  u^  refftame  0fthe  Emprrourto  the  Princes  and  Subjects  in fome  cafes,  that  defence  of 
 I  .  t \  *  a£  Religion  and  Liberties  then  invaded,  was  one  of  thefe  cafes  \  that  the  times  were  then 
 *'-■'  rodangerous,  thatTHL  VERT  FORCE-  OF  CONSCIENCE  AND  RE- 
 CESS ITT  "DID  LS  AD  THEM  TO  tARMS,  and  to  make  a  League  to de- 
 fendthemfelves,TH0VGH  C^S  AR  OR  J  NT  IN  HIS  T^AMS  WOVLD 
 MAKE  WAR  AGAINST  THE  M;  That  if  the  Emperour  had  kept  his  bonds 
 and (fovenant s  jhey  would  have  done  their  duties  •  butbecaufe  he  began  firfi  to  make 
 the  breach,  the  fault  is  his  :  For  fine  e  he  attempt eth  to  root  out "Religion  ,  and  fwb- 
 vert  our  Liberties  he giveth  us  cattfe  enough  TO  INSIST  Hi A4  WITH.  GOOD 
 CuNSClENE  ;  The  matter  ft anding  as  it  doth,  we  may  refifi  him,  as  may  befoewm 
 cd  by  Sacred  and  prophage  Stories.  Vnjuft  violence  ts  not  Gods  Qrdinanc^nathcr 
 are  we  bound  to  him  by  any  other  reafon,  then  if  he  keep  the  conditions  en  which  he  was 
 created  Emperour.  BT  THE  LAWS  THEMSELVES  IT  IS  PROVIDED, 
 that  ttierrftriour  MagiftraeJhaU  not  infringe  the  right  of  the  Supcrioiir :  and fo  like- 
 wife  tf  the  fupcriour  (fMagiftrate  exceed  the  limits  of  his  power  ,  and  command  that 
 which  is  wicked,  not  oneljweneed  not  obep.him^  BVT  IF  HE  OrF£R  FORCE 
 
 WE  lMAY  'RES /ST  Hliffo    Sq  the^ inp^mtofLavvaad Confaencethcn  pub-. 
 4tety  icfolvcdo  Secondly,, , 
 
botbin  Toint  of  Law  andConJcience.  \  a-. 
 
 Secondly,  that  the  (,:)  French  Protefla  '//,<add  others  t  in  therein  of  King  Francid  rn  Qen  . 
 the^ccond,  ^Anno  \  55  ;.  being  much  onprefTcd  by  :hc  Guifian  f allien,  *he had  got  the  Trmct  j  a~\ 
 K.tnto  their  fower,and  wholly  fw. ye  dly.m  (.>s  hit  Aif.ij.Vl  Gouncclior  f.vay  him  nov\  rff- 
 
 thereupon  MQembUng  together  to  ccnfult  of  [owe  ji.'fl  defence,to  prefer  vc  thi'fufi  and  an*  fef}dix.p  34, 
 ctent^vernmentofthe^R^al^TheydemaundedadviceTOVCHi^O   LAW   AND  tf*4*«*« 
 CONSCIENCE,  OF  //ANY  LEARNED  LAWYERS  AND    DIVINES; 
 
 7rW/*/W,TFAT   THEY  A'lGHT  LAWFVLLY  oppofethemfelvsa^air.flthe 
 
 Cevernwent  which  the  Houfe  <?f  Cyuifc  had  ufrtrped  y  and  AT    N  E  E  D    t  A  K  E 
 
 ARM  TO    REPVLSE     THEIR    VIOLENCE;  fi  dt  the  Friuces,   whom 
 
 this  cafe  are  born  A/agiflratesy  or  fome  one  of  them  w>uld  undertake  i$%  being  ordered 
 
 by  the  Statcsuf  the 'Ri*dm,cr  by  the  founder  ?art  of  them.  (0)  That  defence  of Religi- 
 
 ok  and   Liberties  againft violence  and 'opprefflon  were  lufl  canfes  of  Warrc  ;  E/  cjuod  j?rfl  '*e'm  J"*. 
 
 pa  arma  cafint,  ultra  ejux  nulla  re  flat  frcsvitdt  nee  falutir.     A  like  refolution  and  p  *Jl     * ,4* 
 
 determination  was  mado  by  the  chief  Dukes,  Peers >  2{jbles  ,  and  Officers  of  France, 
 
 Anno  16 1 4.  which  you  may  read  in  the  Appendix, 
 
 Thirdly,  that  the  (p)  Axgrognians  and  JValdenflan  Proteflants  of  Lucerne  and  fy)*exAl 
 Fxdmcnt  in  the  year  1 5  ^2,to  1  $6l»  beine  per  feasted  by  the  LordofTrimtie  and  their  J"?       '  x'  m 
 
 n    r  •  J      1  ,         ?   j  1    Sr      ,  r    t     I  I  1-dit.u  t.O  lQ%m 
 
 Popifh  Soveratgns}aJ]e/nbUng Solemnly  together  to  confult  bow  to  prevent  the  great  tot*n 
 dangers  then  at  hand%  after  long  prayer  and  calling  upon  God  for  his  grace  and  Spirit  of 
 dirctlionand  (founfellywellto  manage  their  weighty  affair s,  and  to  preferve themfeiics 
 and  the  Frote  flout Religion  prof  effect  by  thcm%  concluded  in  the  cnc*,to  enter  ty.to  a  fom 
 lemnmutualt  Covenant,  and  to  iiynin  a  League  together  for  defence  of  t'ocmfclvcs 
 4nd  their  Religion ;  whereupon  they  all  pfomifea  by  Gods  grace  and  a ffi  fiance  Jo  maiv- 
 r'ainthepurepreachvgoftheGofpellandadmimfifationofthe  Sacraments  t and  one  to 
 
 largely  relate,  refolding  it  in!i  and  lawful!  for  them  in  Law  and  Confcmicc,  to  Jc.  8f».  PfUw 
 fend  lacmfelves  and  dietr  Religion  by  forccof^/rms  againrt  their  fciiccuting  So-  Bebemmtesi 
 pxraigoes.  &\Gfkmt 
 
 Fourthly,  that  the  (f)  7{jtbcr/and  Provinces,  being  opprejfedtn  their  Bodies,  E*  lvy 
 QatcSy  b  j  the  Tli.ke  oj  ^Alua  and  Spanyardt  Tyrd'inie  %  and  in  their  Religion  and  Con,  p/^<3TS°- t0 
 rciemcs%by  the  introduced  I r  qui  fit  ion  t*  extirpate  Religion  ;   did  after  jerio  us  deltbe-  Hos&to  lot 
 tat  ion  >  andconfui 
 into  a  folemuCo' 
 again f  the  Sp.imf 
 
 hcyear  1572.  The  Prmcc  of  Orange  and  his  Confederates  having  l>z  red  a  goodly  Ar~  Gem.uft  if  ft* 
 my  to  rein  ve  Alans  befieged  by  the  (Dxkeof^lua%  caufed  t  'e  *  V  rote  flat  ton  to  -%  et  trUmdi, 
 
 'eprinuel  and  publijhed  to  the  World,  as  well  m  his  own  name  ,  as  in  hii  £  onjederates^  (*)Girf 
 riving  a  reafoK  of  the  Arms  which  he  had  taken  up9  asfolUweth.  ^/ ' 
 
 tyse  William  ly  the  Grace ofgod9  frir.ee  ^/Orange,  Earle  ^/NalTau,  (y  c.To all  Xo- 
 bit-men,  Knights,  Gentlemen,  and  others,  of  what  quality  fecver  if 'theft-  Nc Cher- 
 lane's  twhtchdefire  the  Liberty  thereof ^  bangmiferably  tyrannised  and  4  by 
 the  Duke  cfA\\t,the  Spaniards,  and  othtrtheir  friends  9    TKAYTORS     AND 
 
 lAYRTHERERS  OF.THEIR..OWN-COVNTREY,  wrtelm  **V 
 
 T3 
 
1 46  The  laypfulneJJ*  of  the  Parliaments  neaffary  Defence  Wari 
 
 '*SlPrinccps 
 fyrannm  eft, 
 iare  Katurati 
 rtftquis  omnibus 
 mjmdi  7  two* 
 p}bu%  inatmbU 
 ittipopido  Ty 
 rannidem  pati- 
 Mt\  opem  & 
 *:ixifo,m  fcrre ; 
 beminuvt  egrt- 
 'giorumvirorum 
 btteflvLYa 
 lau$,decus  & 
 htnor.  Vafqulta 
 Cantro  ltl.36. 
 
 *4* 
 
 (0  Hye.  otirmts 
 EtiuaAiaTj)- 
 7icnf,  Return 
 jCfimmcnt.p.66l, 
 (6%  .Siefatfi. 
 
 one  of 'us ,  for  a  particular  lovs  and  zeale  hebeares  unto  his  Cotintrey,  and  for  the 
 glory  ofGod,whtch  we  defire  above  all,  have  often  fought  by  all  meanes  the  good  and 
 quiet  of  the  (fountrey,  as  well  by  Tctititns  and  other  mildmeanes,  as  by  force  of 
 ArrxeS)  thinking  to  draw  thofe  that  were  at  we  *re$to  dee  the  hks^fometimes  by 
 fighes  and  prayers  mto  (Jod,  having  had  patience  untiHthat  tt  /host  Id  pleafe  him  to 
 mollifit  the  hearts  cfthefaid  Tyrants  ;  but  m  the  end  foliated  and  called gen&r ally 
 and  particularly  by  the  inhabit  ants  of  the  f Aid  Qountrey,  by  re  tfon  of  the  inhumani- 
 ties and  oppreffions ;  We  have  in  the  IS^ame  of  God  (  ACCOR  I)  INQ  TO    OVR 
 CONSCIENCES)  TAKEN  ARMES;  pretexting  before  God  and  his  An. 
 gels y  and  before  all  (Jl£en  prefent  and  to  cement  hat  we have  not b eenmovedhereunto 
 by  any  private paffi on,  but  with  an  ardent  defire  which  we  have  to  oppofeourfelves 
 agamft  this  more  then  barbarous  and  unfupJor  table  tyranny ,  to  the  Proclamations 
 Edifts  faxes  ^Impofls  and  charges  of  the  hundrethjhmiahjtwentieth  and  tenth  pen- 
 viy  mpofed  by  theixfatiablecovetoHptefleoftheDukeofhlvz,  again]}  the  Lanes 
 Liberties <)  Ere edomes%and ancient  friviledges of 'the  faid  cou&trey,  which  La-toes 
 Liberties  ^reedomes  and  ancient  priviledges  ^we  mean  {by  the  grace  of  God)  to  rem 
 slore unto  the  faid  ccuntrey y  holding  it  under  the  obedience  of  their  Prince  andna* 
 turall  Lord%as  we  art  bound  to  da :  affirming  and  maintaining,  that  *  all  Princes  and 
 Noblemen,  CJe~>ftlement  Q.ommonwealesy  cr  ether s^  of  what  quality  fo ever    be  they 
 flrangers  or  home-bred,  that  have  b€en  moved  to  give  us  aide  or  affiftance  IN 
 THIS  SO  IVST  AN  ENTE%P  RISE, have  not  dmit for  my  other intent,  but 
 for  true  piety  and  compajfion  which  they hgue with  us  cfthefaid  mi feries  and  cala* 
 mities  :  wherefore  we  pray  and  entreat  every  one }  both  in  genera  il  and  particular 
 to  ajfure  th  em f elves  y  that  we  intend  not  to  doe  wrong  to  any  man,  nor  to  attempt 
 upon  the  good  eftates  or  honour  of  any  of  what  quality  foever^  were  he  of  the  Clerey 
 but  are  ready  to  aid  axdajfift  every  one  freely  and  willingly ;  as  for  his  liberty    *£-  ' 
 VE%T  ONS  IS   BOVNB  TO    SVCCO^  VS   BT  ALL  BV£  J*ND' 
 POSSIBLE  MEANES.    In  the  mean  time  we  will  give  order,  th#J  God  and 
 thecountreymay  be  ferved,  inprocuringth  eprefervation  of  the  people  t  and  the  de± 
 fence  of  their  houfes  y-n  ives  i  and  children:  *P  raying  to  God,  that  he  would  favour 
 
 andbrwgtoagoodexdSQ  HOLY  AND  NECESSARY  AN  ENrERPR;Z£ 
 
 This  their  defenfive  Wans,  yet  continuing  hsthbeenyuftiffed  by  many,  and  in 
 freeiall  maintained  to  be  ;uftan4  honorable  BOT  HI  IN  LAW  AND  CONSCI- 
 ENCE in  a  particular  Book  De  jure  Belli Beloici,  printed  ac  ihzHaauc  with  the 
 States  approbation,  1 590.  to  which  J  fhal!  referrcyou. 
 
 Fifthly,  f  which  comes  nccicft  (p  our  rr-fent  cafe  cf  any  ftory  I  have  nact  vvith) 
 Alphonfo  the  3.  k  ing  of  Arregon,  in  the  year  128?.  through  the  illadvife  offome  bad 
 (fumifellors  and  Courtizrs  about  him,  departed  in  difccnte;;tfom  the  Par  lament  of 
 the  Ejlates  of  Arr agon  then  affiembledtt  %aragoffiay  and  pofted  to  Ofca,  because  the 
 Parliament  tooJ^upsnthem  to  make  LsiWes  to  reforms  a?;d  order  his  CdHrt>y  ku  Courti't 
 ers }  which  he  denjed,  but  they  affirmed,  they  had jusl right  and  power  to  doe.  Here* 
 upon  ,t  he  bufnejje  being  put  unto  geeater  difficulty,  the  Eft  ate*  affirmed,  A  Comitiit 
 intempefHve  di feeder  e  &?gi  N  E  E  AS  E  V  5  E  ,  That  IT  WAS  A  WICKED 
 ACT,  FOR  TH£  i^lNG  THVS  VNSEASONABLY  TO  DEPART  FROM 
 THE  PARLIAMENT*  NEITHER  WAS  SO  GKEAT  A  ER^ACH  OF  THSilR 
 PKIVILEDGES    AND     RIGHTS     TO    BE    PATIENTLY     fiNDYRED; 
 
 Where. 
 
both  in  Point  ofLa^o  andConfcience.  47 
 
 upnthey  frtfentl)  raifed  *fthw   Nawc  r.nd  FORCES  Of  THE  VNU 
 ON  0;  tiorr  ( formerly  mode  and  cntrcd  into  between  the  Nobility,  Cities, 
 
 and  people, mutually  to  aid  and  aflf:ft  one  another  to  prcferve  the  Peace  and  Liber- 
 ties ofthcRealm  even  with  forceof  Armcs)  IT  BEING  LAtvFj'LL  for  the 
 common  aufcof  Liberty,  No*  VerHjolum  ,  SED  t^RMlS  £VOgZ/E 
 CONTENDERE  ,  not  o%ctj  TO  CONTEND  with  words ,  BJT  ALSO 
 TVlTH  ARA/ES,  Vpon  this, king  *y4lphonjo  defirous  to  prevent  the  mtfchief 
 prefent  and  incumbent,  by  advifi  of  his  Privy  Comfell,  published  certame  gnodEdtcls 
 At  Ofcafor  regulating  h'.  Con-t,  (founfell,  Judges,  Oncers  ;  by  which  he  thought  to 
 have  ended  ah  t  hid  Conir  over  fie,  but  bccatifc  they  were  promulgcd  or.ely by  tie  Kings 
 cwnSdtit*  ?.ot  by  the  whole  Parliament  as  binding  Lawes,  they  fii.7 proceeded '  i«  the 
 Union  •  till  At  UFt,  after  various  events  of  things,  this  King  rt  turning  to  the  Cer.erall 
 AffemblyAxd  Par  liar,  e  n  of  the  EfiatcS  at  SaragofTa,  in  the  year  \  287 jeondefiended  to 
 their  de'\res,ar:dconfjrmedthe  two  memorable  priviledgesof  theV<;ion,  mtb  tie  So- 
 verAt™  power  of  the  Iuslico  of Aragon,  which  could  controll  their  very  Kings:  Of 
 which  fee  mere  in  the  appendix. 
 
 IfhaJJ  cloic  up  this  of  the  lawfulneffeof  a  neceflary  defenfive  warre,  with  the 
 fpeech  of  the  Empe^our  Alexander  Seuerus,  recorded  by  (f)  Herodtan,  I,  5.  He  who    (f)  ^noud  by 
 jirfi  infers  injuries  hath  no  probable  colour  ;   but  he  that  repulftth  thofe  who  are  trout  le-     °  Tot':"  dt 
 fometohtm;  EX  BONA    C0NSCENT1A  fumit  fiductam  ;  a ffumes  corfidcr.ee   IureB^ 
 FROM   A    GOOD     CONSCIENCE,  And  good  hope  offuccejje  ts  prefent  with    jfcfc^^ 
 him  front  hence,  th At  he  offers  not  injury ,  but  removes  it. 
 
 Thus  have  I  now  at  hit  waded  riorow  this  weighty  controverfie,  of  the  Uwfur- 
 ncjfe  both  in  point  of Lax  and  C onfaence ,of  the  Par  Laments  prefent*  And  all  other  fub- 
 jetJs  neceffary  Deftn five  iVarres  Againfi  their  SoVerAignsy  who  invade  their  lawes  li~ 
 berttcSyRcliviin^Gcverr.mcnt ,  toj/fbvert  them,  by  (pen  force  of Armes :  in  which  I 
 havcfreelvand  impaitially  difchargedmy  to!ifcience,notout  of  any  turbulent,  fedi- 
 tiouSj  or  difloyall  intention,  tofoment  or  perpetuate  the  prefer  t,  orraiicany  future 
 defttu6tive,unn3turall  warres  between  king,  Parliament,  and  People,  or  to  counte- 
 nance, to  encourage  any  tumultuous,  rebellious,  factious, ambitious>  naiterousfpi. 
 rits  to  mutiny  or  rebell  againii  their  Sovcraigns  for  private  injuries,  or  upon  any 
 ialfc  unwarrantable  cms  or  pretences  whatioever;  (let  Gods  curfe  and  mens  for 
 ever re(t  upon  all  thofe,  who  are  in  love  with  any  warre,  cfpccially  aCivill,  within 
 their  own  deareft  Countries  bowels ;  or  dare  abufemyloyall  fincere  Lucubrations 
 to  any  difloyall  fi  ni'cr  defigne^ to  the  pre;udice of  their  S^vcmgncs,  or  the  States 
 wherein  they  live  :)  but  only  out  of  d  eric  Ulldefire  to  cftet  a  ck  a  fpecdy,  honoura- 
 ble, fafe,  religious,  iempitemallpercc  between  h  1  g  and  Parliament,  as  ril  true  CI 
 flian  Englifh  hearts  both  cordially  pray  ,long  for,  and  endeavour  ,  by  informing 
 hhfeduced  Maj:fly,  his  cvillCoun!cllors,])isPopifhMa  ignant  Forces,  rh3c  if  they 
 will  ftill  proceed  unnaturally  and  trcachcrc-Lily  to  ma]  ?c  irft  their  Nat; 
 
 Countrey^Religion^  Lawes,  Liberties,  ard  the  Pajrh. men,  (v)  ichto  i  oc  I  have 
 (t)  clfe  where  manifested  to  be  no  lclTc  tb  en  high  Trcaf>  ny  Rcteki  ; ,  a 
 
 andKingdome)  they  may  in  point  of  confeic  nee  and  I  «w  v  o,  Lei  ft  ly  eppefed,  re>   x.^.ics. 
 lirled,r*pulfcdievenby  forceof  Armes,  withcuc  L/»y  ^u?!i  of  7/ ^  "ion,  or   iu. 
 
 fearcottemporalloieternallroff^w^^r^Wg  x.yJ:*ke  <to 
 
 f^^^/jW^^CYCYcriheyhaYchkhcuobccii  inioi  ibe  cQQtf**)  by  tcm- 
 
 Jon 
 
1 50  The  la^fulneffe  of  the  Parliaments  neceffary  defenfi'Ve  War, 
 
 p  or iz,t  Kg  Lawyers,  or  flattering  illiterate  Court  Divines ;   and  by  afTurinc  a  If  fuck 
 noble  generous  publike  fpirits,  wbo  (hall  willingly  adventure  their  Ikes  or  fortunes 
 by  the  Parliaments  command,  in  the  prefent  neceiiary  defenfive  wa*re,  for  the  end? 
 premiled;   that for  this  good  fervice  they  (ball neither  in  the  (fourts  of  Law*  nor  ConA 
 faence,  incurre  the  leaffftain,  orgfttlt  of  Treafon,  Rebellion  t  [edition^  or  any  fitch  libel 
 odious  crime,  muchlejfe  et  email  condemnation ;  the  paniek  feare  whereof,  iKeque,ntlyI 
 denounced  againft  them  by  many  fottifh  Malignants,  Royahfts  ,  ill-inftru<5tcd  Law! 
 ycrs  and  Thcologaftcrs,  hath  frighted, kept  back,  and  withdrawn  multitudes  fro.T? 
 yea  cooled,  corrupted  many  in  this  honourable  publike  duty,  fervice,  which  they 
 no  wo  we  of  Right  to  God  and  their  Countrey;  in  which  to  be  treacherous,  perfidi-|| 
 ous,  (loathful!,  negligent,  cold,  uncordiall,  or  timerous  fas  too  rmny  hitherto  havclj 
 been,  to  the  greater  honour  of  thofewho  haue  been  faithfully  ac~riuc,  Valiant,  and! 
 finccrej  efpeeially  now  after  fo  many  late  horrid  treacheries  mod  happily difcouercd  t 
 and  a  new  Gouenant  folemnly  entrcd  into,  demerits  a  perpetual!  brand  of  infamy  ; 
 and  reproach.  To  dye  righting  for  oncsdeareft  blecding,dying  Countrey,  hath  in  all 
 ages  been  honoured  with  a  Crown  of  Marty  rdorae;  to  liue  or  dye  fighting  againftit  I 
 hath  ever  defcrved  themoftcapitallcenfure?,  ignominies,  and  heavier!  execrations  J 
 Let  both  fides  therefore  now  ferioufly  ponder  and  lay  all  the  premifc  s  clofc  to  their 
 foules ,    confeiences  •  and  then  I  doubt  not  through  tGods  blefling ,  but  a  happy 
 
 (x)  I  fay  2. 4  Pcacc  Witt  ^P^ed  ily  thereon  enfue  (x)  Isfjtion  [hall not  lift  up  fwordagainfi  Nation ' 
 CouotreyagainftCountirey,  Englifhmanagainft  Englishman,  Brother  againft  brol 
 ther  any  more,  as  now  they  doe,  neither  [hallthey  learn  fuch  an  nnnatur  all  curfed  kind 
 of  Civil!  Warre  any  more,  but  beat  their  [words  into  Plow,  [bares,  andtheirfpewes.  into 
 
 (y)Rom.j4  \*  pruning  hoods',  and(y)  greet  one another with  aki[[e  of  holy peace  and  charity  •  Which 
 
 I- 1  Iheff.u  '  defiredend  and  iffueof  thefe  prefent  bloudy  warrcs  God  in  his  mercy  hafrta  and 
 
 &6*  1  Pet.  j.14.  accomplifh,  to  the  jcy  of  all  our  Soules* 
 
 I  fhould  now,  according  to  former  engagements,  proceed  to  ether  remaining  par- 
 ticulars ;  but  beemfe  this  part  hath  already  farre  exceeded  its  intended  boundi,outof 
 a  defire  to  give  full  farisfa&ion  in  a  point  of  higheft  prefent,  and  future  concernment 
 e^ery  way ;  I  fhallrefervctherefidue,witb  the  Appendix^  for  another  diftinct  part  j. 
 with  which  I  fliall  conclude  my  Meditations  and  Collections  of  this  fubjeft,  without 
 any  further  Additions,  if  Ged  lay  Amen. 
 
 Fiftis  Partis  terti*. 
 
 Errata  infbme  Qbpies. 
 
 PAg.  ioo,J,i8.  to.fcy.  p.loI./,3i.  Omri,  2iwmJ.40.Iudahs7/^#  p.  n?.  L11,  that,  p.  *l?.l'3fl 
 of  their.  p.ijS.l^i.hence.p  136  1.8-noca  Bi(hop  j  aBijhop^not  aLay*man.   ?.i«,/.i7^/*as» 
 p:i5-l.i^brevis.plZ6J.uaJiilavts.pj^^ix.offtTto,  **.  m^of.p^f^i.LZ    *e  man  &wld  tog.  /V.o5r/«i*J 
 
^<H+*+HH4H*H*++4+4"HH**++*+4*+++  4  ♦♦*+♦♦*** 
 
 THE 
 
 rv« 
 
 [«" 
 
 FOVR-TH    PART    OF 
 
 THE  ^ir 
 
 SOVERAIGNE    POVVERt 
 
 |  TJKUAtSMESXTS  and    /<y ^  £  £>  0  Af  £&  jjg 
 
 Wherein  the  Parliaments  Right  and  Intereft  in  orde-  * 
 
 fing  the  Militia,  Forts.  Ships,  Magazins,  and  great  Offices  of  the  &5 
 
 Realme,  is  manifefted  by  fomefrefli  Records  in  way  of  Supplement :  The  3jj 
 
 two  Houfes  Impofition  of  moderate  Taxes  and  Contributions  on  the  People  in  cafes  £»a 
 
 of  extremity  3without  the  Kings  affentD(wl>en  vvilf  uJly  denyed)for  the  neoclfary  .£. 
 
 defence  and  prefer  vat  ion  of  the  Kingdomej  andtheir  nnprifonin^,  confining  ofMalig-  j^S 
 
 nant  dangerous  perfons  in  rimes  of  publickc  danger  jfoi  the  commofi  hi:  ^. 
 
 arc  vindicated  from  all  Calumnies,  and  proved  ;uU.  jit 
 
 Together  with  an  APPENDIX.,  S 
 
 Manifcfting  by  fundry  Hiftories  and  Foraine  Authorities ,  that  in  the  ancient  j£& 
 
 Kingdome  oi  Koine  ^  the  Roman  firukefierman  Empires  •   tbeoid^tbtfrt                     ,  Indian,  &. 
 
 tfjbjwith  other  Foraine  Kingdoms ;yea  in  the  Kingdom**  of  Judaic  IfiaeJ,  and  cfcher  Gentile  * 
 
 Realties,  mentioned  in  Scripture  ;  the  Supreame  Soueraigne  Ytmtr  refdedmtintkel  |jfg 
 
 or  Kings  tkemftlves,  tut  hi  the  whole  K                      •  ,  Parliament »S  i              <»,  who  had  rSS 
 
 aotoncly  Authority  to  remaine,  reftft,  yea call  their  Empe:ours,and  Kiqgi  J$z> 
 
 to  an  account, but likewtfe, when  rhey  fau  tuft  cauk,  re  cenfure,  jBE 
 
 fufpend,  &pri vec hem  for  the jr  Tyranny,  vice-,  mif-  -»  ^* 
 
 ▼eminent ;  andfomaimes  capitally  to  proceed  4]f» 
 
 them.    With  a  bride  Anfwer  to  the  contrary  Ob-  £> 
 
 jctftions;  and  renne  material] Obfctvations,  5 
 
 confirming  all  the  Pi emifes.  ^^ 
 
 - ___ S*9fc 
 
 By  William    Pryns  e  flitter --fiiirreflff \of '  Linalnes  lime*  A, 
 
 OlamMagnasl.S.c.  ^De  IniquisConfi liar iis,  fee,  j  C*55 
 
 Iniqui  C$nfiliaiii  aiuiityR:'-c->i  nihil  inju  ft*                       pe  omnia  otmhin  ^± 
 
 tu/mee  cuiy*  ejft  preprium^qwtntH'Ti  Regit  Benignr                         r»6*«  '^;  <f> 
 
 fcfimilibuicov.filiis&  cwfiliariififrfHfimtexuleifniff)                                             ,  ««* 
 
 togule'r.jnJi.  principisitdqueOjficiwneftyUtiHnftciucii  ^m 
 
 vegtyconfervtt.  SB 
 
 Iris  this  renrhday  of^ii/y,Ordercd  by  the  Committee  of  the  Hcufc  of  Common,  con -cm  ng                          i  i*g 
 
 Booke  Intituled  the  fourth  Fart  of  Ue  Soveraignpower  cf  Parliaments  and  Kn  ^g 
 
 eta?/  Spukf  ftnicr.  ^£r 
 
 Printed  at  London  for  Michael  Sparky  Senior.    164}.  £p 
 
 p 
 
To  the  READER. 
 
 oiirtcous  Reader, 
 
 Here  prefent  thee  with  the  laft  Part ,  of  The  Soveraigne  Power  of  Parlia- 
 ments and  Kingdomes,^  An  Appendix  inpurfuance eftt^  abundantly 
 nife fling,  from  the  very  fundament all  Conflitmions  ,Lawes,  Cuflomcs,  Reftluti- 
 ons,  Remo?iftranccs,Oathes,  Inaugrtrations,  Elections,  Ceremonies ,  Hiftgti 
 pnblique  Tr  an f a&ionsfTrtaties, Agreement  sfVars, oft Wain  Empires,  Emperors 
 almes, Kings,  States,  Senates,  Biets,  Parliaments,  in  all  Ages,  and  the  moft  jttdk'um 
 ine  Audhours  of  aH  forts;   That  whole  Kingdomes,  Parliaments,  Senates,  States,Na- 
 3DS,  collectively  coniidered,have  ever  constantly  enjoyed,  in  all  Ages,  Nations,  the 
 oft  Soveraigne  [urifdi&ion,  and  Authority,  and  bcene  Paramount  their  Kin^s  and 
 nperours,who  were  and  are  fubordinate,   accountable  for  tkeir  a&ions  to  them  - 
 d  copkujly  refuting  the  fond  errmeom  fancies  of  all  illiterate  flattering  Court-Do  ft  ors, 
 heologafters,  Lawyers,  Statifts,  who,without  any  fljadow  of  Truth  or  Re:   f        tiici- 
 fly  averre  the  contrary. >  not  fo  much  to  flatter  or  feduce  tlyeir  Princes,  as  to  advance  tbent* 
 ves ;   againfl  whom  the  contrary  con  ft  ant  pralliot  and  rcfolutions  of  moft  lawful/  Kingdomes 
 at  either  are  or  have  bcene  in  the  world  from  Adams  dayes  till  now,  jhallunanimjufly  >• 
 dgement,  andpaffea  moft  Catholik^  nrtverfihk  fntence  on  them,  for  their  notorious  flattc 
 s  and  Impoflurcs. 
 
 For  mineow.ne  particular,  as  I  have  alwiyes  beene,  and  ever  pall  be  an  ho?2ourer,a  defender 
 King!  and  Monarchy  (doebeft of  Government,   whiles  it  keep es  wkhintbe  beunds  wbrh 
 tw  and  Confcience  have  prescribed ;)  So,  IJhall  never  degenerate  Jo  farre  beneath  the  d* 
 Man,  a  Lawyer,  a  Scholar,  a  Cbriftian,  as  t$  mif  inf or  me,or  flatter  either  •  nor )  et  (ekt  of 
 iy  popular  vain-glory}  court  either  Parliaments  or  People,  to  the  prejudice  of  Kings 
 oyal  ties  ;    but  carry  fitch  an  equall  h  md  betweene  them,   m  fball  doe  right  to  both,  injury  to 
 ither  5  andpreferve,fupport  their  jufl,  Legali I  fever all Soieraignties,  J ur  if  dictions,  Ki  rjbts, 
 ithin  their  proper  limits,  without  tyrannkdUinvaftons,orjcditioiu  encroachments, 
 'other ,    to  their  mutual!  and  the  Republickes  prejudice. 
 
 It  fares  with  RegaFl  and  Popular  Powers,  ujually,  at  with  Seas  Oft/ mighty  Rivers, 
 they  violently  break?  downe,   orfwellingly  overflow  their  fixed  banl^es,  th.  \ 
 lindatio  riband  in  (lead  of  watering  ,furround,  and  drownc  the  Countries  mu,\  m, 
 
 mfeafon,(fometimesfor  (undryyeares)erc  they  can  be  perfect  y  drained,  and  their  bank^s  re- 
 ired,  to  confine  them  to  their  ancient  proper  Channels,  ;  of  which  we  hi:  1 1 
 
 wience,  written  in  Capitall  red  Bloody  Letters,  th  the  Realme.     7  f 
 
 Went  which  overflowing  mifchiefe  for  tie  future,  I  have  without fe 'are  or  flitter)  of 
 mePoiver,  or  party  what  fever,  by  Pllblicke  Authority  dividgedthU  laft,  and  the  three 
 seeding  Parts  of  this  Difcourfe :  together  with  the  Appendix,  (aB  haft  ilj  c,lL  tied, 
 
 ,:nfed!y  comp  tiled  through  want  of  time,  and  fundry  interru: 
 ie fired)  wherein  I  have  impartially, according  to  m)  m  {gemept,cmfiience: 
 \  ancient,   undoubted,  univer  fall  Truthes  of  nail  State-Policy,  md  tru^ 
 tptten  in  //a*  world  yea  cry  ed,Prtacbcd,Printeddoiv?i  for  e  rr  onions  .JlditiowP  a 
 eaf»:iy  by  Sycophants  and  Malignant  s  in  the  fe  later  ages  ; )    out  of  a  cordial!  affitl'.on 
 wtcb  jh  in  me  lyeth,  to  nftore  and  fettle  the  wealc,tranqiullity,  and  fafety  of  my  .  /  - 
 
 A   2  v-l 
 
To  the  Reader. 
 
 ingComtry3  now  miferahly  diftra&ed,  wafted*  confumcd  every  where:  (through  the  long  fore' 
 plotted  conjpiracies  tf/'Romifh  Priefls  and  Jefuites,  tofubvert  the  Proteftant  Religion  andmr 
 Realm? s)  upon  apretendtd  quariell  unhappily  raifed  by  ihem>betweene  tin  two  much  miftaken 
 Grand  So veraignejurifdiftions,  of  King  and  Parliament,  Crcwnc  and  Kingdome, 
 now  miferahly  clajhing  one  againft  the  other,  through  ignorance  and  miftakes,  and  trying  their 
 Titles  in  the  open  field  BY    BAT  TAIL  E,in  ftead  of  Law;  by  the  Sword  of  the  Soul- 
 d\er,not  of  the  Spirit,  the  onely  proper  peaceable  Judges  in  thefe  §hiarrels,by  which  alone  they 
 can  and  rnuft  be  finally  refolvedy 'fettled^  elfe  neither  King  nor  kingdome,can  be  ever  quieter fe- 
 curefrom  danger •s,  and  Commotions, 
 I  dare  notprejume  to  arrogate  to  myfelfe,*  Spirit  fl/in-errability  in  the  grand  Contr ever fies 
 *  See  the  ii.     here  debated,  wherein  I  have  travelled  in  no  beaten  common  road ;  No  doubt  *  Generall^Na- 
 Arncle  of  the     ^naJJ  Councells,  Parliaments, Popes,  Kings ,  Counfellors,  Statefmen,  Lawyers,  Divines, 
 krX&  Corns'  <*$fe>rts  °fmm)    both  may,  and  ufually  doe  err z  from  Truth,  (efpecially  in  gjjueft ions  which 
 n,  concerne  their  owne  Jurifdi&ions,  Honours,  Profits  5 )  andfo  may  L  But  this  I  dare  witbfafe 
 
 co?iJcieuce  proteft  to  all  the  world,  that  1  have  not  willingly  erred  in  anyparthnlar  -7  and  if  I 
 have  cajually  failed  in  any  thing,  out  of  humane  frailty,  I  fh all  (upon  bctur  information)  ac- 
 knowledge and  rctra&  it.  In  the  meant  time,  I  truft,  I  have  here  fetfiiciently  difcovend,  re- 
 fated,  many  common  impofturer  and  erroneous  grojfe  miftakes  in  Law,  Policy,  Divinity,  An- 
 tiquity ;  which  have  in  later  ages  beene  generally  received  as  indiubitable  verities,  by  mop  men  . 
 yea  prefifiedly  dtfended  by fetndry  injudicious  Lawyers,  and  ignorant  Divines  (though 
 perchance  reputed  learned,  felid  in  their  own,  and  others  vpwions  )  who  never  tooh^  the  parties 
 to  dive  into  the  true  original!  fundame?itall  creations,  inftitutions,  publicly  Lawes,  Reafons, 
 Policies,  Jurifdi&ions,  compofetwns,  Rights,  Cuftomes,  Hiftories  of  Kings, Kingdomes,  Par- 
 liaments, States,  Magiftrates,  People  *  the  ignorance  whcrecfhtlb  made  them  confidently  vent 
 many  g:\rnd  abfurdities,  and  untruthes,  to  the  prejudice,  imbroyUng.  and  almoft  niter  mine  of 
 divers  Kings  and  States-jwbich  nowylhope,they  will  ingenuou fey  acknowledge  and  recant  with 
 reallgriefe  and  frame,  that  they  have  fo  groftely  cheated,  fednced Kings,  Kingdomes,  People, 
 and  oft  times  fl irred  up  civili  wanes,  tomaintaine  their  id' e  lies ^crazyftUions,  MJuflJloyaH 
 Rights,  and  indubitable  Prerogatives,  when  as  they  are  nothing  lejfe, 
 
 lfeoallnot  bezge  any  mans  beliefe,  of  any  Truth  here  newly  discovered,  further  than  his  own. 
 judgement  &  co?ifcience,uponferious  confederation,  fi?al!  convince  him  ofit^andhimfelfedifceme 
 it  fully  ratified  by 'fed ft antial precedents  and  Authorities  in  the  body  and  clofe  of  the  Treatik  & 
 Appendix  '.Only  this  Ijball  requefi  of  every  Reader, to  perufe  over  all  the  Parts  of  this  DifcuuPfi 
 with  a  cordiallhowe  of  Truth  and  Peace ;  and  when  he  is  convinced  what  is  Truth,  then  to 
 live  and  dye  in  Pauls  rcfolution,2  Cor.  1 3.8.  We  can  doe  nothing  againft  the  Truth,but 
 for  theTruth.  It  was  our  Saviours  ownereplyto  Pilate,  John  1 8. 37,  For  this  end  was 
 I  borne.and  for  this  caufe  came  I  into  the  world,  THAT  I  SHOULD  BEARE 
 W  IT  N  E  S  S  E  UNTO  THE  T  RUTH:0  then  It  it  now  be  every  ones  end,  and 
 *  Joh.8  3  2.  praVtice  too ;  fence  it  is  the  *  Tmth^and  nothing  elfe)  that  (hall  make  (and  keepe)  us  free : 
 F Vt-e5  from  Errors,  Troubles, Tumults.) 'Vjrres ;  Slavery,  Tyranny,  Treachery,  Popery, 
 ■♦.Zcch.tf,!?.  dangers.)  fares  :  Wherefore,"*  love  the  Truth  and  Peace^  and  then  through  Gods  mercy 
 wt  jhall  fi-eedily  rcgaine*  maim  them  both. 
 
 Farewell, 
 
THE 
 
 Fourth  Part  of  the  Soveraign 
 
 POWER     of 
 
 <PA7(L]fAMEKTS     and    KJTS^GDOMES. 
 
 The  Parliaments  Interejiin  tbcMiliti^Forts^Navy  ^officers  of  the  Kingdom* 
 
 N  the  preceding  Parts  of  this  Difcourfe,  I  have  with 
 much  perfpicuity  and  fincerity  as  I  could,wadcd  through 
 thofedeepe  and  weighty  differences  of  greatclc  impor- 
 tance, which  have  lately  (  to  our  great  unhappin 
 1  know  not  by  what  *  evill  fpirits  folicitation,  unexpecV   ¥  ]u^0 
 cdly  rifen  up  by  infenfible  degrees,  betweene  the  K 
 Majeflie,  and  the  prefent P arliament •  (whofe  primitive 
 fweet  agreement,  made  us  not  fb  happy,  as  their  fubfe- 
 quentDivifions  in  place, affe&ion,  opinion,  have  ren- 
 dred  the  whole  three  Kingdomes  milcrable,) irf  point 
 of  R  natives  onely,  which  I  have  difpatched :  I  mould  now  proceed  to  other 
 
 Controversies  betwecne  them,  principally  concerning  the  Subjects  Liberties-  But 
 before  I  pafiTe  to  thole  particulars ;  I  fhall  prefent  you  with  fomefew  Records  of  (pc- 
 ciall  note  (cafiially  omitted  in  their  proper  place,  through  over-much  haite,  and 
 Want  of  time)  which  will  very  much  cleare  the  Parliaments  ju!t  right ,  and  ancient 
 Jurifdi&ion  In  ordering  tlye  Militia  oft  be  Rea!me}  by  Sea  and  Land ;  in  difpofing  tie  Ships, 
 the  Forts  of  the  Realwe  for  the  publicise  fafety  in  times  of  danger*  in  concluding  matters  of 
 Want  and  Peace  displacing  and  difplacingtbc  great  Officer  s,t be  Pray  Counsellors  of  the  "King- 
 dome  5  yea  regulating  the  Kings  ovpne  boujbold,  and  meniaUfervants  oft  times  •  when  there 
 ivasoccaron  5  which  may  ierveasa  fnpplement  to  thefecond  part. 
 
 It  it  the :  determination  of  Henrictu  R  1  ,    a  \oble  Vane,  a  great  Statesman 
 
 and  SouJdier  in*  his  Commentarius  Betiicus,   Dedicated  to  Cbriflkrne  the  fourth, 
 Kiwg ofVenmarke,  Annoi^Jib.i.  c.  3.     That  211  itingSf an*  JWtlCCS in  WOlf  l\Z 
 plMi&tS,  rightly  andlawfuUy  cunftilxtel,  are  obliged  by  their  paSion  entrtd  im 
 the  •  Inaugtration,  (a)Kn,  tobfgtao;mofce  art?  X&aXXC  fofffjOlit  t$ecttifcnf  of  ali  tfjC  ,  'o, 
 
 CttStCS?  and  0&b\t8,    Thus  in  my  bearing,  Philip  King  of  Spair.e  ,n-fcn  hi  demanded  Horn- 
 
 mdtoaksan  Oath  from  bis  Subjc&r  in  tbe  Netherlands,  promijedbj  a  THJttuaE  0,  tbto  tbeE- 
 
 \ftatesj  -SDbat  Ije  toouto  matte no  foarre  in  t&cfc  parts  fritftont  $e(r  p;ttt  p 
 
 !  al/o  (tnofi  Nobli  King)  10  XZttiteb  and  Obfettet)  not  CHlp  fa  |  OUt  iUng*,  JHiefl  att^  2>* 
 
 imtnton^bntUfeeUwft  wtnuft^meetnallCutope,  Tberefm  Vwktifrjmfitbtr 
 
 '4-3  Lf 
 
 talcefu?, 
 
■•■^ ■ 
 
 Ths  Parliaments  Jnterefk  in  the  Militia, 
 
 of  mo  ft  fame  us  memory,  knowing  himfelfe  te  be  bound  hereunto  by  compaU,  before  be  would 
 
 be  involved  in  the  Swedip  JVarrc^  communicating  the  whole  bufinejfe  faithfully  te  bis  people, 
 
 as  well  to  the  Senators  of  tlK  Realme,   as  to  the  Nobles  of  the  Vukedomes,  maturely  advifed 
 
 with  them  about  the  manner  of  waging  it.      Wherefore,  left,  the  Warre  which  is  undertaken 
 
 bee  accufed  as  unjuft  by  the  States  ,  becaufe  it  was  undertaken  without  their  advice,  con* 
 
 trary  to  cufieme  and  agreements,  alUugfttto  be  afftimetj  tittOtfre  COHnfell  ffilD  Cat*  Of 
 
 tK3aflC  For  thus  it  will  come  topaffe,  befides,that  things  very  wyU  thought  en  and  delibera- 
 
 ted  by  many,  have  for  the  mofi  part  better  fucceffes,  than  thofe  things  which  are  rap  ly  begun by 
 
 feme  one  $  that  the  Subje&s,  who  not  unwillingly  bring  their  tftates  and  lives  into  danger, will 
 
 leffe  feare  the  loffe  of  both,  will  fight  more  valiantly \  and  will  put  forth  all  their  firength  in  pro- 
 
 fecuting  and  ending  the  comb  ate  of  warre,  even  for  this  reafon,  that  tbemfelves  have  beene  the 
 
 adiifers  of  the  w-arre.      Upon  this  reafon,  not  onely  the  Kings  of  the  Jewes,  Arragon, 
 
 Fra?!ce,Nava  re  ,and  others,(as  I  have  manifefted  in  the  (£)  Appendix )  but  even  of  this 
 
 (/    Page  1 4i.  our  Realme,  haveufually  undertaken  all  their  warres,  and  ordered  all  their  Mili- 
 
 2  2,2  3 1 95-7L  tary  affaires,  both  bv  Sea  and  Land,by  the  advice  and  direction  of  their  Parliament*, 
 
 anddfewhere.  as  th«  Grand  Councell  of  Warre3both  for  King  and  Kingdome.    This  I  haveplen- 
 
 *  p         &  2    tifiilly  naanifefted  in  *  the  premifes,  by  fundry  examples;and  (hall  here  onely  briefly 
 
 ratine  with  fome  few  new  Precedents. 
 
 Inthejirjl  Parliament  of  I$Ed.  3.  after  Proclamation  made,     Num.  2.    That  none 
 fhould  come  armed  with  weapons  to  the  Parliament,  Num.^.The  caufes  of  fummon- 
 ing  the  Parliament  were  fhewed  to  the  Lords  and  Commons,  to  have  their  counfell 
 and  advice  therein,  what  was  beft  to  be  done;  andexprefltdtobethree.     Firir,that 
 every  one,  great  and  fmall,  mould  con iider,  in  what  manner  the  peace  might  moil 
 furely  be  preferved  within  the  Realme.    Secondly,  how  the  Marches  of  Scot  land, and 
 the  Northerne  parts  might  be  beft  defended  and  kept  againit  the  enemies  of  Scotland. 
 Thirdly,  how  the  Sea  fhould  be  guarded  againit  the  enemies,  that  they  (hcuJd  doe 
 no  dammage,  nor  enter  the  Realme  for  to  deftroy  it.    After  this.     Num.  4.   The  Bi- 
 ihops  and  Letters  from  the  King  then  in  France,  relate  to  the  Houfes  the  Eftate  of  the 
 Kings  Army,  warres,  and  proceedings  in  France,and  the  great  debts  the  King  itood 
 in  gaged  in  for  the  maintenance  of  Ms  Army;  fordilcharge  whereof  and  the  Kings 
 further reliefe in  the  eafieftway,  tofupporthis  warres,  the  Lords  condefcended  to 
 grant  the  ninth  (heafe  of  all  their  corne,  and  the  ninth  fleece  and  Lambe  of  all  their 
 rlockes  to  the  King,  for  the  two  next  yeares,  fo  as  the  cuftome  of  Mal-tolt,  newly 
 impofed  on  Woblls/hould  be  releafed,and  this  grant  not  drawne  hereafter  into  cu-  - 
 itome,_as  a  precedent  to  their  prejudice.Who  acquainting  the  Commons  therewith 
 they  after  deliberation;     As  to  the  Kings  fupply,  returned  this  Anfiver.   Num.Sfp.  That 
 they  thought  it  meet  the  King  (hould  be  fupplyed,  and  were  ready   to  ayde  him 
 as  they  had  alwayes  formerly  beene,  but  yet  as  the  ayde  was  granted  in  this  cafe! 
 they  durft  not  affent  to  it,  untill  they  had  confulted  and  advifed  with  the  Commons 
 in  the  Country  ;  for  which  end  they  craved  time  to  goe  into  their  Counties,  and 
 its  might  iuuetofummon  another  Parliament  on  the  Octaves  of  Saint  Hi'Ja- 
 (x)  mtk*t>i*   ry,ofthericheft  Knights  in  every  Shire  at  amort  day  to  come3(which,  was  (  c  )  con- 
 1 4, 15  •  defcended  to.  )    After  n  hich,  Num.  p,  1  o,  1 1 .    they  gave  this  anfwer  in  writing  concerning 
 
 the  three  Articles  propounded  to  them :  Firfchs  to  the  keeping  of  the  peace  of  the  Realme 
 that  the  Juftices  of  the  Peace  had  fufficient  power  already  to  that  purpofe;  onely 
 they  adde,  that  diilurbers  of  the  peace  Ihotild  not  be  let  out  of  Prifon,  but  upon  fuf- 
 ficicntBayle.  and  that  no  Charters  of  pardon  ihould  be  granted  to  Felons,  but  by 
 
 common 
 
Ports  y  Forts,  NaVyy  and  Officers  of  the  ri(ealme. 
 
 common  confcntin  Parliament,  and  all  other  pardons  held  a?  voyd.    To  tbtfc 
 
 infoertd,  That  the  King  before  his  going  beyond  the  Seas  had  taken  fo  good  or- 
 dered appointed  inch  Sufficient  Guardians  to  defend  the  Marches  of  Scotland,  who 
 were  belt  able  to  guard  thoSe  parts,that  the  enforcement  ofthem  by  the  Kings  Couu- 
 cell  would  be  fumcient,without  any  charge  to  the  Commons ;  OnIy,they  ordered 
 thatevcry  man  who  had  Lands  in  the  Marches  of  Scotland,  of  what  condition  fo- 
 ever  they  were,  fhould  refide  upon  them  to  defend  them  (as  it  had  bcenc  formerly 
 ordained)  without  charge  to  the  Commons.     To  the  third,  concerning  the  guard 
 of  the  Seas:    The  Commons  prayed  that  they  might  not  be  charged  to  giveCoun- 
 fell  in  things  of  which  they  had  no  coniSance  (or  charge  -J  and  that  they  were  ad- 
 vifed,  that  the  Barons  of  the  Ports  which  at  all  times  have  honours  before  all  the 
 Commons  of  the  Land,  and  are  fo  enfranchized  to(^)guard  the  Sea  betweene  us  and   W  " 
 Grangers,  (if  fobeit  falsout,  that  they  will  enter  and  aflaile  our  Land  }  that  they 
 contribute  to  no  aydesnor  charges  on  the  faid  Land,  but  receive  profits  without  J 
 number  arifing  by  the  Sea,  for  the  Guard  aforcfaid.    Wherefore  the  Commons  are  (L 
 advifed,  that  they  ought  to  maintaine  a  guard  upon  the  Sea,as  the  (e)Commons  do    ?-f      i. 
 upon  the  Land,  without  taking  or  demanding  wages.     Likewife,  there  are  other  &"> 
 great  Townes  and  Havens  which  have  a  Navy,  that  are  in  the  fame  cafe,  and  are  :' 
 bound  to  guard  the  Sea.    And  as  for  the  fafeguard  of  the  Watch-houfes  upon  the  Sea  g, 
 by  Land;  let  the  guard  ofthem  be  made  by  the  advice  of  the  Knights  of  the  Shire,  mon 
 where  the  (aid Guardians  are alfigned,   in  the  Safe  ft  manner  that  may  be,  without  7*' 
 charge  of  the  Commons  :  Andthat  the  people  of  the  Land>  ofwhat  condition  fo- 
 ever,  which  have  lands  on  the  Coalr,  Shall  keepe  refidence  upon  thofe  Lands,  the  bet- 
 ter to  repulSe  the  enemies  from  the  Land,  fo  that  for  their  abiding  there,    they  fhall 
 be  discharged  to  give  any  aide  toward  the  fame  guard  elSewhere.    Num.    13.   The 
 Commons  frame  and  demand  a  generall  pardon,  upon  grant  whereof  they  pro- 
 mise to  aide  the  King  with  monies.    Num.  14.  They  make  an  Ordinance  for  incrcaSc 
 ofmoniesinthe  Realme.    Num.15.    Becaule  the  (hips  of  England  went  not  out  to- 
 gether in  Flectes,  to  trade,    but  Severally,  out  of  defire  of  gaine  and  covetoufncile, 
 and  So  many  ofthem  wierc  taken  by  the  Enemies  of  the  King,  and  the  men  ilaine  and 
 inurthered,  to  the  dishonour  of  the  Ki  ng  and  the  whole  Realme  5  it  was  agi  ced3and 
 a-fJentedinfull  Parliament,  that  all  the  Navy  mould  flay  and  be  arretted,  till  further 
 order  were  given  to  the  contrary.   Num.  16.  It  was  accorded  and  affented  in  Parlia- 
 ment,that  the  Bifhops  and  Lords  in  the  Parliamcnt,thould  fend  Letters  to  the  Arch- 
 bifhop  of  Tsrke,  and  the  Clergy  of  his  Province,  under  their  Seales,  to  excite  them 
 to  grant  a  con?  eniem  ayd  for  the  guard  of  the  Marches  of  Scot  land, for  the  defence  of 
 the  Church,   the  Realme,  and  themfelves,  as  the  Clergy  of  the  Province  oi  Canter- 
 bury  had  done.    Num.  17.  It  is  accorded,  that  Mallei  Robert  de  Scardiburgh  Shall  be 
 put  into  the  Commiilion  which  (hall  be  fent  into  the  County  ofTorkf,  to  Survey  the 
 Array  of  the  people,  which  (hall  bechofen  for  the  defence  of  the  Realme,  in  lieu  of 
 Sir  Thomas  de  Blafion.  That  Sir  Rich ardChafi ell fiiall  be  put  in  the  Commilfion  to  iur- 
 vey  the  Array  in  the  Counties  of  Notinghamznd  Derby,  and  JrimFeriby  in  the  Coun- 
 ty ofLancafler.  Num.  1 8.  It  is  aflented  that  the  people  ofHolderncj  Shall  be  Arrayed, 
 taxed,  and  make  ayde  for  the  guarding  of  the  Marches  of  Scotland,   and  other  bun- 
 neSTesof  the  King  in  thoSe  parts,  notwithifanding  the  Commiifion  made  to  them 
 to  guard  the  Sea,  Num.  21.  The  Lords  who  have  Lancfs  towards  the  Marches  of 
 Scotland,  are  commanded  and  prayed  by  writs  and  Letters  to  repaire  thither  for  de- 
 fence 
 
Thenar itamnts  Jntereft  in  the  Militia, 
 
 fence  thereof,  namely  the  Lords  of  Kos,Waki,  Mowbray,  Clifford,  and  Matter  Wilm 
 Ham  Vanbmy  Steward  of  the  Earleof  Richmond,  and  that  thofe  who  could  not  in  this 
 cafe  goe  in  proper  perfon,fhorild  fend  their  people  to  the  Lords  in  the  Marches. 
 
 In  tbt  fecehd  Parliament  held  tlmyearc,by  appointment  oft'btjirjl  (  Ociabis  Hilar ii,i  %tEd. 
 3.  Num.  2.5.  Edward  Duke  of  C0r«»?<z#,Guardian  ofEngland(\n  the  Kings  abfence) 
 being  hindered  by  other  bulinefles  to  be  prefent  in  this  ParUament.by  Letters  Patents 
 under  the  Kings  great  Seale,  appointed  the  Archbifhop  of  Ca?iterbitry,  and  others 
 to  fupply  his  place ,  and  hold  the  Parliament.  Nam.  6,  7, 8,  9.  The  Commons  for 
 the  defence  of  the  Realme,  Sea,  and  Marches  of  Scotland,  grunted  the  King  thirty 
 thoufand  fackes  of  Wooll,  and  theEarles  and  Barons,  the  ninth  fheafe,  Fleece  and 
 Lambe,  within  their  Demefne  Lands ;  and  agreed  to  raife  a  great  fiimme  of  money 
 presently,  to  fet  out  a  fleet  of  Ships  to  Sea,  fraught  with  men  of  armes,  and  archers 
 for  defence  of  the  Realme.  Nam.  1 0.  All  the  Merchants  of England,  were  fummoned 
 by  writ  toappeareat  J^tfiminfitr  in  proper  perfon,  to  coftferre  upcr  great  bufnefTes 
 concerning  the  Kings  honourable  falvation  of  the  Realme,  and  ofthemfelves.  Num. 
 1 1.  The  Mariners  of  the  Cinque-ports  upon  their  departure  promifed  to  make  their 
 fhips  ready  by  Mid-Lent ;  and  were  to  receive  a  furame  of  money  to  helpe  defray  (heir 
 charges  herein ;  and  the  men  of  the  Cinque-ports,promifed  to  defray  the  n  oity  of 
 the  coils  ;  and  the  Kings  Counfell  the  other  moity,  but  not  in  name  of  wages,  bi  t 
 ( f)  *ceCamb-  out  of  fpeciall  grace5and  the  (  HCinque-ports  were  to  finde  21  flips  of  their  owne. 
 
 1  Britan.f,   and  nine  fhips  of  the  River  of  Thames.  Num.  12.  The  Mariners  towards  the  v 
 3 '  v  promifed  to  finde70.  (hips  of  an  hundred  Tunne  and  upwards,  and  to  make  them 
 
 ready  by  the  fame  day  •   and  to  defray  the  charges  of  them  as  farre  as  was  rtqui- 
 llte  •  and  for  the  refidue,  the  Kings  Counfell  were  toff  a  famine  of  mo- 
 
 ney for  their  aide,  but  not  as  wages,  but  of  fpeciall  grace  5  and  a  Clerke  was  or- 
 dained to  farvey  the  charges  of  the  Mariners  of  the  Weft ;  and  of  the  Cinque-ports. 
 Num.  23.  All  the  fhips  of  Port Jmwtht  and  the  Weft,  were  to  meet  at  Dartmouth  at  the 
 day  afiigned ;  and  the  Earle  of  ArumML  was  affigned  their  Admirall;  And  the  fhips 
 of  the  Cinque-ports  and  the  River  of  Thames3were  to  meete^S:  affemble  at  Winchelfey 
 and  the  Earle  oi'Himtindon,  appointed  their  Admiral! ;  and  that  all  thefe  (hips  fhould 
 be  ready  by  the  middle  of  Lent,  N;t>n.  1 9.  The  Admiralls  of  all  parts  were  comman- 
 ded  to  arreft  all  other  (hipe,  that  might  pafTe  the  Seas,  for  feare  of  being  furpriicd 
 by  the  enemies.  8c  that  2oomenfhouIdman  thole  to  whom  the  fmaller  {hips  belong- 
 ed, to  bring  them  into  fuch  havens  where  they  might  be  fafeit  from  the  Enemies  .AW. 
 15.  Writs  were  directed  to  all  Shtriffes  of  England  to  make  Proclamation,  that  all 
 thofe  who  had  Charters  of  pardon,  fhould  repaire  towards  the  Sea,  in  the  fervice  of 
 the  King,  and  at  his  wages  by  the  middle  of  Lent,  upon  paine  of  loilng  their  Char- 
 ters,and  being  put  to  anfwer  the  things  con  rained  in  them,  in  cafe  they  Ihould  not 
 goe.  Num.  16.  It  was  accorded  and  afTented  in  Parliament,th&  Matter  Richard  1aU 
 hot  ordained  to  guard  the  Towne  of  Southampton,  which  he  had  undertaken  to  doe, 
 fhould  have  a  company  of  men  at  Armes,  and  Archers  at  the  King's  wages,  which  he 
 might  increafe  if  there  were  caufe-  that  he  and  they^  ihould  have  their  wages  paid 
 them  monethly,  from  the  fecond  Sunday  in  Lent,and  Co  forwards  whiles  they  conti- 
 nued in  that  Service,  8c  that  he  fhould  receive  2co.pounds  in  money ,and  2cc.markes 
 in  Wooll,  in  refpefr  ol  his  faid  fervice,  and  to  defray  his  ancient  debts.  And  he  had 
 power  giveu  him  to  allelic  and  levy  monies  upon  the  faid  Town,  towards  its  defence* 
 and  i  fthc  Towne  were  notable  to  defray  ail  the  charge,  the  King  fhould  ayde  them 
 for  therelidue.  Num. 
 
FortS)Navy,and  Officers  of  the  Kingdom* 
 
 w.18.  The  Bifhop  vUVim  hefter,  the  Piior  of  Sr.  Swithin  of  Winch (tcr,  and  the 
 
 *  Abbot  or  y/ivchcfier  ,  were  commanded  to  have  the  people  of  their  Manners  next 
 the  Towne  of  Southhampton  well  ai  nied  and  arrayed  ,  that  they  might  be  ready  to 
 
 c  their  power  to  detend  the  laid  town,Hpon  inn  mom  of  tht  Guardians  thereof,trut 
 c  no  penll  nugbc  happen  thercunto,Ar#i»,i9.That  two  Pinace?,one  oi  Mc/broke&nd 
 c  the  other  belonging  to  Roger  Normandy  ftioulo  be  aiTigncd  to  nmaine  in  the  port  of 
 'Southampton,  at  the  appointment  of  the  laid  Mr.  Richard  9  fcr  thefafety  thefeof. 
 1  Nut*.  20,  All  the  BurgtiJes  and  Sea-men  of  the  Town  which  had  departed  thence, 
 c  were  orceicd  to  goc  and  abide  therein  for  the  defence  thereof,  and  of  their  owne 
 4  pofleflions ;  and  in  cafe  they  refuied3  that  then  Lands  and  PofltlTions  mould  be  fei- 
 c  zed  into  the  Kings  hands,  and  the  profits  of  thtir  Lands  which  (hculd  be  found 
 'elfc  where.  Num.2%.  That  a  Commitlion  mould  be  made  to  Stephen  Butter T^and 
 «  W\UUm  Wefton,  Serjeants  at  Armes.to  take  Timber,  Bord*,  and  other  things  ncccf- 
 c  fa  y  Prx  the  Safety  of  the  iaid  Towne  at  certaine  prifes  3  upon  endenture  made  be 
 '  tween  them  and  the  owners  of  the  faid  goods $  and  that  the  King  mould  pay  ,  or 
 'give  them  other  fatisfaction.  NHm.22.23.  That  all  the  Armesf  EnginegjAnamuni- 
 '  tion,  Iron  and  Lead  in  the  faid  Towne,  mould  be  delivered  to  the  Gardian  of  it  by 
 
 *  Indenture ;  who  mould  have  the  fame  power  in  all  things  within  that  Towne ,  as 
 c  the  Earle  ofWarypicke  had,  when  he  was  Govcrnour.  Num.2%.   That  the  Sheriffc 
 
 *  mould  have  a  Writ  of  attendance  ,  to  be  attendant  on  the  faid  Mr.  Richard,  with 
 
 *  Vi&oals,  and  all  other  things  neceflary  for  the  fafegard  of  the  faid  Towne.  Num. 
 c  25.26.27.  Cercaiae  Merchants  are  appointed  and  take  upon  them  to  the  Parlia- 
 ment, to  buy  great  proportions  of  Come,  Peas,  Oates^Hay,  and  other  proviiion?, 
 l(thc  quantities  whereof  are  particularly  expreffed  )  at  certaine  rates ,  to  vi&uall 
 c  tiartvicke,  the  Caltles  of  Sdenburg^  and  Strivtljn,  (which  Caftlcs  Mr.Themxs  Roly- 
 
 *  ^Guardian  thei  eof.proinifed  to  keep  till  Saint  Johns  day  then  next  to  comeiupon 
 1  C  >aditkmtq  receive  his  wages  formerly  due.out  of  the  firft  moneys  granted  to  the 
 
 gin  this  Parliament.)  by  a  certaine  day  $  provided  they  mall  carry  no  victuals 
 he  enemies  ,f  the  King  and  Realme,  and  that  they  mould  be  paydoutofthe 
 'riri't  moneys  ariiinguir  of  theayde  granted  to  the  King»  Num.2S.7p.  Theinha- 
 '  bitants  of  the  Ijle  of  Weight  were  refpitcd  of  the  ayd  granted  to  the  King3according 
 c  is  their  good  carriage  (h-uld  be  during  thewarjand  it  was  agreed  in  Parliament, 
 6  th  t  no  Gomanndcinent  noi  Oi  d.nance,or  licenfe  granted  under  the  great  or  privy 
 'Seile.to  any  ot  the  faid  inhabitants  bound  to  defend  the  faii  Ifle,  should  licence 
 'any  to  atysnt  hinafel     rem  it  during  the  waryjnltffe  it  were  for  feareof  ditinheri  ing 
 
 *  or  other  great  neceffitftwitfa  which  the  Councell  should  be  acquainteJ,orupon  in 
 '  qatftuNum  3C3i.pjovides3thatti,!eC  itle  of  Carefbrcc  \n  the  IleofWcioht  mould 
 cbefuruimed  wi:h  acett*  ne  proportion  of  Wine  Com.Peas.O  tSjHc^Coles.Irorc, 
 cS«It;  md  that  a  C-  in.:,itii  >n  fnould  be  granted  to  Robert  Vandaljm  Sheriffc  of 
 Q Scfuh.iKPto,. ^jLv.d  zo  PT  h  amofK  •  nwicb  pymly  and  feverully,  to  purvey  and  de- 
 c  liver  theiai  e  p  ovrupris  over  by  Indenture,  to  the  Con  (table  of  that  Gallic;  and 
 *aWritditecl  Kings  BotteUer,to  deliver  the  Wines  afligned  {to  wit  ten 
 
 *  Tonne)  outof  th  ■  Wines  then  in,  or  which  (hculd  fii  It  come  into  his  hands. Num. 
 
 *  3  2.  Mr.  Tkom/u  Ferrers  ui  "j.  r  1  lament, to  fend  without  delay  a  fuf- 
 1  hcient  man  to  the  Ca  faults  and  (late  of  tBc  faid  Ca- 
 
 /o-ccttifielheCou     ..  ftemeanct 
 
 D 
 
 'of 
 
6  Tbe  Parliaments  Jnterejk  in  the  Militia^ 
 
 *  at  thole  remaining  there  in  garrifon,  tothefummeof  an  hundred  pounds;  and  a 
 fiWricisdire&cd  to  theShcii^coi  Scuthampton^tokvtihh  the  UidThomas  with  a 
 'convenient  quantity  of  Powder,  and  Iron,  and  other  neceffaries  for  the  defence  of 
 •that  Cattle,  And  becaufe  T^ow*//^*?,  one  ofthejurates  of  thatffle  was  gone  to 
 
 *  the  enemies,  contrary  to  a  defence  mad«ubat  a  Writ  (hould  iiTue  to  the  Bay  Jiffs  and 
 
 *  Jurates  of  the  fame  Ifle  to  choofe  another  iufficient  man  in  his  pLce,and  to  fcize  his 
 c  Lands  goods,  and  Chattel?  into  the  Kings  handstand  anfwer  the  meefne  profits  of 
 '  there.  Atew.34.  dorfe*  Tnere  is  an  exaCfc  Array  or  Lift  ot  all  the  Captainesand  men 
 
 *  at  Armes,  and  archers  under  thtir  (everail  commands  for  defence  of  the  borders  of 
 «  xSVctfto^amounrmg  in  all  to  47 1 5.  Nam*  35.  Thofe  of  the  Counties  ofNdtting* 
 €  hamper  by, York*,  were  to  goe  co  Nevcaftle  upon  Tine^  at  the  Countries  charges, 
 e  and  then  to  receive  the  Kings  w^ges  :  and  thole  of  Wefimerland^  Camber  land  and 
 
 *  Lancashire ,  to  marth  to  far  Me  at  the  Counties  charges ,  and  then  to  receive  the 
 'Kings  wages;*nd  that  the  Commanders,great  menDand  all  the  hoft  when  they  cfiem- 
 6  bled  ftiould  iie  and  traveli  in  die  Land  of  Scotland,  and  not  in  the  Marches  of  Sn-g- 
 '  land*  Nhw^S.  37.  A  fit  and  trufty  Cierke  is  appointed  to  pay  the  Souldfers  wages 
 c  by  the  adviie  and  furvey  of  the  Lords  Percy  and  Nevi/l,*nd  Merchants  are  ordered 
 €  to  returne  moneys  for  the  exploit,  and  to  furnim  the  King  ofScstUnd  with  moneys 
 
 *  fuirkient  to  smintaine twenty  men  at  Armes.  Num^K*  Becaufe  Mr.  RickirdTaibot 
 
 *  had  difcharged  himfelfe  of  the  government  oi'Barmcke ,  the  Lords  in  ParKamer  t 
 •carneftly  intreated  Sir  Walter  Creake  to  take  upon  him  the  cuftcdy  offBarwickey  and 
 <  to  ceitirje  the  Lords  within  a  (hort  time,  how  many  men  at  Armes  and  Archers 
 6  would  fjffice  to  guard  it,  and  whether  he  would  accept  of  the  charge  or  not;  and 
 c  if  not,  they  would  provide  another*  Nam^.  A  Commiffion  is  granted  to  Matter 
 « Thomas  Wakt&nd  others  to  mufter  the  Horie  and  Foot  arrayed  fur  this  expedition 
 cin  Torkffhire  and  the  other  Counties  ^  and  to  conduct  th^rn  towards  N trite  ft  It. 
 •iVww.46.Ic  is  accorded  and  affented^that  Writs  (hail  be  made  to  the  arrayers  of  the 
 'Men  of  Arrces^Hoblers^nd  Archers,  iqthe  County  oi  Oxford,  tor  the  guarding  of 
 
 *  the  Sea,  for  the  Prior  and  Canons  of  ilnrnacefttt  5  tofurceafc  their  demand  which 
 •they  made  to  the  faid  Pi  ioraad  Canons  to  finde  a  man  at  Armes  and  two  Archers 
 
 *  to  make  fuch  a  guard  at  Port/mouthy  and  alfofor  thp  payment  of  certaine  m-  n-ys 
 *for  this  caufejUntill  they  have  other  command  from  the  King;  byreafon  that  the 
 'Prelates  and  other  great  men  m  the  Parliament  are  Informed,  that  all  the  pofleflions 
 •oftheir  houfevdll  hardly  fiffice  for  their  fnMenance,   and  that  they  cannct  finde 
 
 9j»' fuch  charge  without  very  great  oppreffion  of  them  and  their  houfe. 
 
 Lee  here  in  thefe  two  Parliaments  (the  Rols  whereof  I  have  recited  more  largely, 
 becaufe  rare  and  memorable  )  all  bulineiTes  concern*  g  the  Wa*res,MHitiamii  Ar* 
 ray  boih  by  Land  ard  Sea,  were  particularly  confuked  of5  ordered,  and  determined 
 in  and  by  the  Parliament  onely*  in  afarre  more  ample  manner  then  this  preient 
 Parliament  at  firft  petitioned.defired  they  mould  have  been  ordered  and  fcthd  now. 
 
 In  the  Parliament  rolls  14E.3.  Nun. 19.  Certaine  men  are  appointed  to  a  Hard  the 
 JJlands  andSea-coafts  again  Ft  the  enemies.Num*4  2.  The  Lord  LMowbray  is  appointed 
 keeper  of  tkeTown  of  Berwick**  Num.55  54  5  5  •<£•<♦  Commiffior.s  of Arr«y  in  fevcralt 
 Counties  are  made  by  Parliament  to  the  Esrie  of*Angoyes  and  others,  for  defence  of  the 
 Kingdom*, 
 
 In  the  Parliament  of  5oE*3.Nu!i>i5.  v4 '  fammijfio*  u  granted  in! trltamnt  to 
 
 tht 
 
Fort^Navy^and  Officers  of  the  Kingdome. 
 
 the  Lord  V ercj  and  others  3  to  appoint  able  perjons  for  dcjtnce  of  the  Marches  of  the 
 £afl-ru\ng. 
 
 In  the  Parliament  Roil  of  i  R.  2.  Num.  5  1.  Becaufe  that  the  Lands  of  Cjafcoigne^ 
 c  Ireland i  the  Seigniory  of  Artowes  ,  and  the  Marches  0$ Scotland  ate  in  pcrill  to  be 
 'loft  through  default  of  good  Officers  the  Commons  pctitioji0that  it  would  plcafe  the 
 1  Lords  to  ordaine  good  and  fufficient  mini{ter?3which  may  be  Tent  to  governe  in  the 
 'fame  Lands  in  themoft  hairy  manner  that  may  be,  by  reafonofthe  great  need  that 
 •requires  it. And  that  all  the  chiefe  guardians  of  the  Po:  ts  and  Catties  upen  the  Sea,as 
 ^^over^Bannburgh^arltUy  and  other  Marches,  may  be  put  in  the  forme  aforcfaid  : 
 
 •  And  that  theie  Guardians  of  the  Caftles  and  kcyes  of  the  Realme  may  be  fuffkient 
 c  men,  who  may  forteit  their  inheritance  if  any  m'dchiefe  (hall  happen  by  reafon  of 
 
 •  thcm,which  God  forbid.     And  that  in  ail  ocher,fum\:ier,t  pcrfons  of  your  Ltiges 
 
 •  be  placed  who  may  forfeit  in  the  fame  manner  for  the  fal  vation  of  the  Realme.  Ts 
 c  which  the  King  anfwers.The  King  willeth  if , and  will  doe  that  which  fhall  belong  to 
 4  him  by  the  advife  of  the  Lords  of  His  continuall  Councell. 
 
 s  In  2  ft.  3.  Rot.  Parliamenf.Num.37.  the  Admiralty  is  difpofed  of  by  the  Parlia- 
 c  ment:  *nd  Num.3p.a  Schedule  of  Orders  for  the  defence  of  the  North  fea3  is  confic- 
 
 •  med  by  the  Parliament* 
 
 Intht  Parliament  cfy  &  8  H.  4.  Num*i6.  The  Parliament  gave  power  to  the  Mer- 
 chants to  name  two  meet  perfons  to  be  A!mirals3  to  guard  the  Seas. 
 
 In  the  Parliament  rolls  of  2  R*2.  pars  2  •  Num.^j.  The  Commons  fupp!icare,how 
 c  the  enemies  of  Trance^  with  great  ArmKSjandmany  VefTelsof  warre  have  been  con- 
 c  tinually  and  yet  are  in  the  N  rt  heme  part6,  and  namely  about  the  coafts  of  Scar* 
 *b.i.-r(H<gb^  which  T  wneisdangeroufly  (eatedupon  the  Sea3open  to  the  all  ulrsof 
 
 •  the  faid  cn/mies,  and  th  ,t  the  people  of  the  faid  fowne  had  v.  ithiti  two  yeerts  ?aft 
 '  p\[l  paid  ibjvranethoufand  pound  ranfome  to  the  find  enemies,  and  yet  v  erede- 
 1  ftroyed  and  carried  prisoners  into  B iloigne and  other  plac-s,  where  they  were  yet 
 
 •  kept  prKoners.  md  that  the  Towne  was  upon  the  point  to  be  burned  and  dcUVo  d, 
 'andalith^coaftaboutitin  fhort  tirn^,  if  hatty  remedy  were  notprnvideJ.  T  at 
 •thereto  e  kwottld  pleafc  the  King  and  his  moit  fageCounceUjConfHe  i  gthr  g  eat 
 •dam  mages  and  perils  che  faid  Towne  and  coafts  about  it  had  (uftuned,and  were  yet 
 c  apparently  like  to  fuftaine,  to  ordaine  and  alTignccertaine  Vcifcls  of  warre  upon  the 
 •faidcoalis,  to  guird  them  againft  the  malice  and  power  of  the  faid  en^mic   5  and 
 
 •  that  during  the  vvarres  ,  for  laving  of  che  faid  Towne  ,  and  the  Kings  C  «ft!e  mere 
 'fKiure3anJail  the  Country  ab  Wtir.  The  An fa er  is  :  This  matter  is  in  part  tou- 
 lched  by  the  Me.  chants  of  the  faid  coaft  which  are  atthis  Parliamert,  and  by  their 
 
 •  advife  and  others  who  are  to  paffe  their  Merchai.dize  in  thefe  Marcher  by  Sea, 
 •remedy  ha'h  beene  ordained  in  fuch  fort  as  the  Eale  oiNorthumbtrlmd  and  the 
 c  Major  of  Lonhn^  who  were  affigned  in  Parliament  to  treat  01  this  bufinefle  know 
 •more  fully  to  declare. 
 
 In  the  Parliament  of  6  R*  a.  pars  2.  Num.il.  The  Bifhop  of  Norwich  offered  be- 
 fore che  King  and  Lords,  that  if  the  King  would  grant  him  the  quim-iifme  and 
 •difme  of  the  Laity  and  Clergy ;  and  the  6  pound  and  2  (hillings  on  the  Tonne  of 
 
 •  Wine,  lately  granted  to  the  King  for  the  fafeguard  of  the  Sea  j  that  he  would  with- 
 f  in-20  dates  after  the  receipt  of  the  laft  payment,tranfport  into  France  3C0  o  Archers 
 1  weiiarmcu  and  mounted  for  thcayd  of  Gaunt ;  and  wculd  defray  all  the  charges 
 
 B  2  of 
 
8  the  Parliaments  Interejf.  in  the  Militia, 
 
 'otftmv'mgthen  :  And  th.u  if  hcmight  have  the  attendance  of  the  Weft-  Admirall, 
 'he  would  tinde  on  the  S^a  forthefateguardof  it,  betweene  this  and  Michaelmas 
 •  next,  ten  great  fh!ps,  and  ten  Barges  armed  ;  in  which  befides  Marriners  neceffary, 
 c  he  would  rinde  at  lead  $od  fighting  men  for  the  faid  terme. 
 
 I»theEarltim?*tof  15  fl.  3,  ^0^.15.  It  is  to  be  remembred,  that  the  Commons 
 tfaidinfall  Parliament,  that  if  a  treaty  of  peace  or  cruce  mould  be  entercained 
 1  betweene  their  Lord  the  King  and  his  ad/erfary  of  Trance^  that  they  thought  it  ex- 
 
 4  pedient  and  ne:eflary,if  it  mould  pleak  the  Kingthat  Momfeur  de  guyenfiecauiz 
 1  he  is  the  rnoft  fuffiaent  perfon  of  the  realme^mall  goe  to  the  fame  Treaty.  And  the 
 *King  faid,that  he  liked  it  well,  if  it  pleafed  the  faid  Lord  de  g*yen  :  and  thereupon 
 
 5  Mow/ear  de  Guyen  faid  ,  that  he  would  with  a  very  good  will  travell  and  doe  any 
 c  thing  which  might  turne  to  the  honour  and  profit  of  the  King  and  of  his  realme. 
 
 In  the  Parliament  of  the  i^H.  6.  Nam.  10.  Tn^Kings  grantof  thecuftody  of  the 
 
 *  Town  and  Caftle of  Callce^ the  Towne  of  Rifbank?,  the  Ciftles  of  HamHres^Marfa 
 * Oye^Stangate,  BavelinohantySLtid  of  the  Caftle  and  Dominion  of  Guynesm  Picardy, 
 
 *  to  be  made  to  Hamfrey  D  ike  of  Ghcefter  his  unkle,in  the  prefence  ot  the  Lords  fpi« 
 
 *  rituall  and  temporall  then  being  in  the  prefent  Parliament,was  on  the  29  day  of  <9- 
 « thber  read  before  them  :  which  being  underftood  ,  and  mature  deliberation  takea 
 <  thereupon j  thefeverall  reafons  of  the  faid  Lord  being  heard ,  it  was  at  laft  by  their 
 'afTentand  confent  agreed  and  ordered^that  the  faid  Duke  mould  have  the  cuftody  o£ 
 «the  faid  Towne,Caftles,  and  premifes:to  the  end  of  nine  yeeres  then  nexr  enfuing, 
 c  which  Charter  was  fubferibed  by  all  the  Lords  there  prefenf. 
 
 In  the  Parliament  of  3  1  H.  6.  Nnm.  41.  pro  enflodia  Maru%  it  was  enafted  :  For  as 
 1  much  as  the  King,  confidering  that  as  well  divers  His  Clergy  men  of  this  his  realm 
 
 *  inhabiting  nigh  the  coaft  of  the  Sea ,  and  others  His  Subjefts  ufing  the  Trade  of 
 c  Mercian  difes,  have  been  oftentimes  grievoufly  imprifoned,  diftrefled,  put  to  great 
 'fufFerances  and  ranfomes  jand  their  Ships,  Veflels,  and  Merchandifes  of  preat  value 
 c  taken  upon  the  Sea  by  his  enemies;  and  alfo  Merchant  ftrangers,  being  under  his 
 c  leageance,amity,fafegard,  or  fafe  conduct  upon  the  Sea5have  been  robbed  and  fpoy- 
 c  led,againft  the  forme  and  contents  of  fuch  truces,  and  fafe  conducts  figned  ;  His 
 cHighneiTe  willing  and  intending  fuffkiently  to  provide  for  the  remedy  of  fuch  in- 
 
 *  conveniences,  and  toefchew  and  avoyd  all  fuch  robberies  and  difpoylers,H  A  T  H 
 CJBY   THE  ADVICE  AND  ASSENT  OF  THE  LORDS   SPIV 
 'RITUALL   AND  T  E  M  P  O  R  A  L  L  in  his  high  Court  of  Parliament 
 caffembled,defiredcertaine  great  Lords  of  this  realme,  that  is  to  fay,  RichardEztlc 
 
 *  of  Salisbnrj^  fohn  Earle  of  Shrew/bury,  John  Earle  o£fVorcefter,f antes  Earle  ofjvilt- 
 lfiire%  and  lohn  Lord  Stwton  with  great  Navies  of  Ships  and  people  defensible  in 
 c great  number  purveyed  of  abilimentsof  wane,  to  intend  with  all  diligence  to 
 c  their  poffibility  the  (safeguard  and  keeping  of  the  Sea.  For  which  caufc  the  fubfi- 
 '  dies  of  Tonnage  and  Poundage  granted  to  the  King  for  his  naturall  life  this  Parlia- 
 cmenr,that  they  might  be  applied  to  fuch  afes  and  intent  as  they  be  granted  the  King 
 CBY  THE  ADVICE  AND  ASSENT  OF  THE  LORDS  SPIRT- 
 <TUALLANDTEMPORALL,AND  COMMONS  IN  THIS 
 'PARLIAMENT  ASSEMBLE  D5AN  D  BY  AUTHORITY  OF 
 'THE  S  A  M  E,  were  granted  to  the  faid  Earles  and  Lord  Sturton^  and  the  furvN 
 c  vers  of  them  for  three  whole  y ecre«  3  with  power  for  them  to  appoint  Collector* 
 
 cto 
 
HsjNavyiMdOffiicrroftl  i 
 
 'to  receive  and  collect  them  in  every  Port  4  without  rendering    n\  iccootitj  i 
 •cheykepcthe  covenants  and  endentures  nude  b  t  he  King  a-v*  them  for  the 
 
 *  fafegard  of  the  Seas  5'with  a  provifb9thac  this  A&  during  the  rl  dnec 
 
 1  be  prejudicial!  to  the  cuitomeof  theTownc  orCaftleof  Calice  or  i  v:for 
 
 *  the  payment:  of  the  wages  and  arreares  of  the  Sou '.  Jiers  there.  And  ever  that',  if 
 1  the  goods  of  any  or"  the  Ki  Jgi  liege-people,  or  any  of  hig  friends  3  be  found  in  any 
 c  VefTell  of  the  Kings  enemies  without  any  fafe  conduft ,  that  then  the  faid  Eirlei 
 '  and  the  Lord  Stttrton  fhall  take  and  depart  it  amon«  them  and  their  retinue  v/ith- 
 c out  any  iinpeachnient^according  to  the  Statute  thereupon  made. 
 
 1 t  tbt  ^Mrliament  of  33  H.6,  Num.*].  the  faid  Lords  were  difchargei  of  the  en- 
 1  ftody  of  the  Sea  by  the  Parliament,  in  thefe  words :  For  as  muoh  as  the  Earles  of 
 
 *  Salisbury  Shrewsbury ,and  IVercejhr ,  and  the  Lord  Sturton  befoughtthe  Kings 
 'Hi^hnefle  in  this  prefent  Par!iament,that  it  might  like  his  Highnes  and  Excellency 
 1  of  his  Njbie  grace  to  have  them  clearely  difchargedof  the  keeping  or  the  Sea; 
 c  iwt  Ktog  ch  ;rerorean  1  for  other  caufes  moving  his  HigbnefTc',  BY  THE  ADVICE 
 'OF  THELORDSSLMRirilALL  AND  TEMPOR  ALL  IN  THE  SAID 
 'PARLIAMENT  ASSEMBLED  the  30  day  of  /«/r,the  23  day  of  the  fame  Par- 
 1  iiarHent,admitted  their  ddire,  and  would  that  the  faid  Eirles  and  Lord  Sturton^ov 
 1  any  other  THAT  HAD  THE  KEEPING  OF  THE  S&A  BY  AN  ACT 
 «MADE  IN  THE  LAST  PARLIAMENT  begun  and  holden  at  Redding 
 c  and  ended  at  Wejlmmfttr^  be  from  the  30  day  of  July  fully  difcharged  of  the  kee- 
 ping of  the  famc^ani  that  IT  SHOULD  BE  EN  A  C  TEDOFRECORD. 
 
 Inth:TariUmtntofi9  H.6.Nhw^2.  TheKingBY  THE  ADVICE  OF  THE 
 -LORDS  SPIRITUALL  AND  TEMPORALL,  AND  COMMONS  IN 
 <  THIS  PARLIAMENT  A  SSEMB  L  E  D,A  N  D  BY  AUTHORITY  THERE- 
 'OF,  ordained  and  eftabli&ed,  that  his  deareli  cofin  Richard  Duke  of  York*  right- 
 1  full  heire  to  the  Countries  q( England  and  France^  arid  of  the  Lordlhip  and  Land  of 
 'Ireland,  have  and  take  upon  him  the  power  and  labour  to  ride  into  the  partsof 
 c  Englanlznd  fVales,v/here  great  rebellions,murders,  riots,  fpoylings,execution8,and 
 c  oppretfions  be  ufed,  committed  and  attempted,  to  reprefle  ,  fubdue  5  and  appeafe 
 c  them.  And  a!fj  to  refill  the  enemies  of  France  and  Scotland  within  the  realme.  And 
 ■  further  granted  3  ordained  ,  and  eftabliflied  by  the  faid  advice  and  authority,thac 
 'every  Sheriffe,  with  the  power  and  might  of  his  Sheriwicke3  and  every  Major,  Bai- 
 Miffe,  Officer,  Minifter,  and  Subjeftof  the  faid  realme  of  c^Wand  oi  Wales  foili 
 c  attend  upon  his  faid  coufin  for  the  faid  intent ,  as  the  cafe  (hall  require  ;  and  to  the 
 
 *  fame  intent  be  ready  at  the  command  of  his  faid  coufin  ;  and  the  fame  obey  and 
 cperforme3in  like  cafe  as  they  ought  to  doe  at  his  commandement  after  thecour(e 
 6  of  the  Lawes  ofE<gta»db&nd  in  Wales  after  the  cuftoni;3  there.  &c» 
 
 And  to  cite  no  more  presidents  in  ie  cleare  a  cafe  :  in  the  Parliament  of  2 1  lactbi 
 cch.33.  TheTemporalty  having  granted  three  intire  Subiidies,  and  three  Fifteenes 
 
 *  and  tenths,  to  King  7-^'^to  wards  the  maintenance  of  the  warres  that  might  then 
 c  fuddenly  infne  upon  the  breach  with  Spaine,  *nd  more  particularly  for  the  defence 
 'of  the  realme  of  £*g/dtf^,thefecuringof  7r*/rf/;<i,  theaflurance  of  the  nates  of  the 
 '  united  Provinces,  with  the  Kings  friends  and  allies;  and  for  the  fttting  forth  of 
 'cheNavy-royall:  did  by  that  A&,  for  the  better  disbursing  of  the  faid  ay d  and 
 'rnannaging  that  warreaccordingto  the  Parliaments  true  intention,  by  that  very 
 
I  o  The  Parliament  /  Intereji  in  the  Militia , 
 
 '  Ad:  wherein  they  gave  the  Subsidies,  did  especially  appoint  eight  Aldeimcn  and 
 'other  perfons  of  L  ondon  Treasurers  to  receive  and  ifluethe  ini  moneys  $  aztdap- 
 c  pointed  ten  Lords  and  Knights(particuhrly  named  in  the  Ad)  to  be  of  the  Kings 
 c  Councell  for  the  warre  $  by  whofe  warrant  (under  five  of  their  hands  at  JeaftJ 
 call  the  moneys  they  gratated  were  to  be  HLed  and  exported,  for  and  towards 
 ctheufesexpreficd  in  the  Ad:  to  (uch  perfon  or  perfons  as  the  faid  Councell  of 
 c  warre  fliould  dircd :  and  that  both  thofe  Treafurcrs9  and  this  Councell  ofwarre, 
 c  and  all  other  perfons  trufted  with  the  receiving,  ifluing,  beftowing  and  imploying 
 c  of  thofe  moneys  or  any  part  thereof,  their  heires,  executors  and  adminiitrators, 
 
 *  fhould  be  anfwerable  and  accomptable  for  their  doings  and  proceedings  therein  to 
 cthe  Commons  in  Parliament ,  when  they  (hall  be  thereunto  required  by  Warrant 
 
 4  under  the  hand  of  the  Speaker  of  the  Houfe  of  Common  for  the  time  being  •  and 
 'thereby  they  and  every  of  them  according  to  their  (everall  places  and  irnploy- 
 
 5  ments  (hall  give  a  true  and  ready  declaration  and  account  of  their  (everall  refpeftive 
 c  dealings,  doings  and  proceeding  therein ;  and  that  the  faid  Commons  in  Parlia- 
 c  mem  (hall  have  power  dv  th'u  Ad",  to  heaie  and  determine  the  faid  account,  and  all 
 c  things  thereto  appertaining^  And  wkfeail  they  in  this  Aft  prefcribe  a  (pecialloaih 
 c  to  the  Treafurers.iVtf/-  to  ijfttc  out  any  moneys  without  the  Warrant  oftheCwncell  of  war 
 
 *  mder  their  hand\  And  another  oath  to  the  Councell  of  warre,  To  mal>e  no  Warrant 
 €for  any  moneys  iffued^  which  are  given  by  this  A&>  but  for  fome  of  thofe  ends  which  are 
 '  expreff^dtherein^and  that  to  the  be  ft  of  their  meanes  they  fliould  imploy  the  faid  moneys 
 ^accordingly  ^x\6  that  freely  without  requiring  any  reward  or  allowance  wbatfoever. 
 
 *  AnexaA         Which  prefidents  with  others  forementioncd.madeffi^/^  fly  return  ihh*Jnfwer 
 
 collection  of    to  the  Petition  of  the  Lords  and  (fommons  touching  the  Articles  delive;  ed  February  2» 
 
 all  FUmon-       ^^ ^  \j0Jr  t[jS jeCHr'lng  yOU  ftrom aU  dangers  or  jealouftes  of  any  ;   His  Afajefty  will  be 
 
 p.66,67!     *      content  to  put  in  all  the  places  both  of  FORTS  and  MILITIA,    in  the  fever  all 
 
 Count  ies^fuch  ft/fans  as  both  Hottfes  of Parliament  {ball  either  approve  or  recommend 
 
 unto  Him  ;  fo  that  ym  declare  before  unto  His  Majifty  the  nam  s  of  the  prrfons  whom 
 
 you  approve  or  r  .-commend ;  unl  Jftfuch  perfons  fhall  be  named  again  ft  whr-m  H?fhaR  have 
 
 juft  and  unqu  eft  ion  able  exception.    And  thus  much  by  way  of  fupplement  touching 
 
 the  Militia. 
 
 Concerning  the  Parliaments  inter  eft  andri^ht  in  eUUing  and  removing  the  Officers 
 of  the  realm?, a>;d  the  Kings  mc mail fcrv ants ,  I  (hall  onely  adde  thefe  Precedents  to 
 Part.i  p.29,90.  tne*  ferementioned. 
 
 pacc,i.p.4t.to  j-n  t^e  parlj^ent  rol  84 E.g.Num.  I.  F  our  eB'ftjops^foure  Ear  Its  ^andf  cure  Btrsns 
 were  affigned  t  u  the  King,  wuhwt  whofe  confent>  or  of  pare  of  them ,  no  great  buftnoffe 
 was  to  be  tran  fitted* 
 
 14  E  3  Nunt,  36.  in  the  Parliament  ro!is5  The  Parliament  agreeth,  that  the  Dukfof 
 Cnmwali  be  Cuftos  of  England  during  the  Kiv^sab/ince  in  the  warres  of  France. 
 
 In  the  Pi.r;  lament  rolls  of  1  R.  2.  Nam.  18.  &  tp.  The  Commons  re  que  fled frft>  that 
 it  w*,uld  pleafe  the  King  to  oriiaive^  ax d  nominate  to  them  r^w  in  this  preftnt  Parliament 
 feme  fit fficicnt  perfons  of  divers  eftates  to  b-c  continually  refident  of  his  conn fell for  the  af- 
 faires of  the  King  and  of  the  rt  alme,  and  to  have  the  Officers  of  the  King  of  fuch  perfons 
 wh'>  befl  £«f=*r3  and  would  and  might  woft  diligently  travtllfer  the  redrejfr  of  the  fore  faid 
 mi  'iWufes ,  and  the  good  government  and  falvation  of  the  realme  ,  fo  that  the  Qommons 
 may  it  clear  ely  af cert  aim  d  of  the  names  of  thofe  CounfeHors  which /hall  be  dish  softer  s  and 
 
 srderers 
 
Forts^Navy,  and  Officers  of  the  Kingdoihe. 
 
 1 1 
 
 'orderers  of  that  which  they  (hall  grant  for  the  wair.s,  and  thereby  to  have  greater 
 'encouragement  to  doe  to  our  Lord  the  King  that  which  they  have  in  charge  c  -  - 
 
 ■  cerning  him,  as  is  aforef  d''.  Alfo  that  if  would  pleafe  them  to  ordain*  and  nomi- 
 
 ■  nace  in  this  Parliament  the  pet  ion?  which  (hall  be  about  (  or  have  t  he  tullody  )  of 
 <  the  perfon  or  our  Lord  the  King  himfelfe,  who  is  of  fuch  tender  a^e,  and  that 
 
 th)fe  perfons  (hall  be  of  the  moll  vertuous ,  houefieft,  and  fifficientcft  of  the 
 Realm  i  fa  rhit  0'ir  fiid  Lord,  who  is  a  perfon  facrsd  and  anointed,  be  nobly  g<  .- 
 verned,  and  brought  up  i  good  vermes  and  nunncrs  to  the  pieafure  ot  Gjd, 
 whereby  ail  the  Realme  may  be  fecured  and  amended  •  and  that  it  bcl  kewife  of* 
 c  dained,  that  our  Lord  the  King  and  his  hcufe  be  governed  wrh  good  mo  feration, 
 c  and  defray  hi*  expences  onely  out  of  the  revenues  of  the  Realme,  and  orher  rights 
 
 5  and  feigniories  of  his  Oowne.  And  that  all  that  which  [hall  be  granted  to  our 
 c  Lord  the  King  i)  maintenance  of  his  wars,  drill  be  applied  and  expended  in  the 
 cwarres,  and  no  part  thereof  or.hcrwiie:  in  aid  and  di 'charge  ot  his  hid  com- 
 *monaltie« 
 
 /n  the  Parliament  of  n,  Richard  2.   "Nun:*  23.  'The  Commons  pray,  That  no 
 
 *  perfon,  of  what  fhte  or  condition  he  be,  (hojld  mtddie  with  any  manner  of  go- 
 vernance about  the  perfon  of  our  Lord  the  King,  nor  with  the  buflneffel  of  the 
 c  Realm,  nor  yet  to  councell  our  Lord  the  King,  bu:  thofe  Lords  which  are  aligned 
 
 *  and  ordained  in  this  prefent  Parliament,  if  it  be  not  by  ordinance  of  thecontw 
 '  nuall  Councell,  and  by  aflfent  of  our  Lord  the  King,  upon  grievous  paine.  And 
 *thc  fame  Lords ,  which  (hall  bee  about  the  pitfon  of  our  Loid  the  King  and 
 c  of  his  Councell,  (hall  caufe  ro  remove  all  the  pe*  fons  which  they  think  fit  to  rc- 
 c  move  in  the  houftiold  of  our  Lord  the  King,  without  (hewing  favour  to  any,  and 
 1  to  put  others  in  their  place*,  whom  they  (hail  think  Efficient  and  vertuous.  And 
 e  that  the  (aid  Lords  of  the  Councell  becha«g^d  to  keep  and  fuitain  the  eftate  of 
 
 *  our  Lord  the  King  in'its  regalty,  and  to  dot  md  n<e  that  which  rmyturne  tothe 
 c  honour  and  profit  of  onr  Lord  thr  King  and  0^  his  Realme  to  their  power,  ac- 
 cording to  the  form  01  the  0»th  contained  i;i  a  Schedule  made  in  this  prefent  Par- 
 '  liamentanmxedherunto  $  to  the  intent  rhar  it  may  be  nororictiGy  known  tho- 
 •rowout  all  the  Realme,  that  good  and  tufficient  C  inctll  is  about  the  perfon  of 
 cour  Lord  the  King,  toffee  comfort  of  all  his  Commons,  and  fiar.e  aflurance  and 
 'cftablifhmeutof*  theRe.vme  aforefiid  ;  the  which  Oath  wa$  made  hi  forme  enfu- 
 •ing.  You  (hall  fwear, '1  hit  you  will  notaflent,  nor  yet  fuffer>  as  much  as  in  you 
 Mieth,  That  any  Judgement,  Statute,  ot  Ordinance  made  or  given  in  this  prefent 
 
 *  Parliament  be  any  way  annulled,  revexfed,  ur  repealed  in  any  time  to  come;  and 
 
 *  moreover,  That  you  (hill  keep  the  good  LattTS  andufagesof  the  P«.ealme  afore  the(e 
 
 6  times  made  and  tiled  ;  and  (htll  h  mcly  keep,  arid  cau^c  to  be  kept,  good  peace, 
 f  quier,  and  trap  q  lillicy  in  the  Realme  iccordingto  your  power,  without  difturbing 
 'them  in  any  manner.  So  h^lpe  trr  G  d  and  his  Saints.  The  Anfwcr*  As  to 
 1  the  firft  point  of  this  Article,  the  King  .  ilsic:  Andastothefecord  point,  If  there 
 1  beany  Lord  of  the  Gouncell,  or  other  Lord  of  the  Realme,  which  will  h  forme 
 1  the  King,  Thit  he  hath  arty  pa  ton  ab  nit  him  not  fuffident,  nor  honeft,  he  «  ils, 
 c  that  it  being  proved,  he  (had  be  outed  di\d  removed,  and  another  kfEcierr,  by 
 ?  his  advice.,  put  in  his  place. 
 
 Jnthj  Parliament  of  5.  Henry  4*  Nnm*  16.  ■  Upon  certain  prayers  andrequcfts 
 
 'made 
 
j  2  The  idrlwncnts  Interejl  in  the  Militia, 
 
 c  made  before  by  the  Commons,  divers  times  touching  the  removing  of  divers  pci- 
 <fons,  a*  well  aliens  and  others,  by  reafon  of  divers  deftruaions  by  them  Oiove.0, 
 6  and  for  certaine  Articles  appointed  by  eke  Lords  upon  the  charge  given  to  them 
 « by  our  Lord  the  King  in  Parliament,  and  by  the  faid  Lords  it  was  ipecially ac- 
 corded, That  four  per  fons,  to  wit,  the  Kings  ConfeiTor,  the  Abbot  clZ>«»f,Ma- 
 « fter  Richard  'Derham,  and  CHeb  of  the  Chamber,  (hall  be  quite  oufttd  ano  vol™ 
 cded  out  of  the  Kings  houfe;  whereupon  thenintb  of  February,  lhe  ^  Contel* 
 'for.  Mailer  Richard,  and  Crtfeh  came  before  the  Kirg  and  Loids  in  Parliament, 
 6  and  there  the  King  in  excufing  the  faid  four  perfons  (aid  openly,  that  he  knew  not 
 «by  them  any  caufe  oroecafion  in  fpeciall  for  which  they  ought  to  bee  temoved 
 «  from  his  houflioldj  notwithstanding  our  faid  Lord  the  King  weil  considered. 
 Not*.       <  that  what  the  faid  Lords  and  Commons  (hall  do  or  ordaine,  was  for  the  gcod  ot 
 « him  and  of  his  Realme,  and  therefore  he  would  conforme  himfelie  to  their  inien- 
 c  tions,  and  did  well  agree  to  the  faid  Ordinance,  which  charged  the  laid  Ci  nfeflor, 
 e  Mdfter  Richard,  and  froffety  to  avoid  his  faid  Court,  and  like  charge  (hould  ruve 
 cbeene  given  to  the  laid  Abbot,  had  he  been  prefent.    And  our  Loid  the  King  laid 
 c  further,  That  he  would  doe  the  like  with  any  other  which  was  about  hisroyall 
 «  Perfcn,  if  he  was  in  hatred  or  indignation  with  his  people.    And  Numb.  37.  1  o 
 c  the  end  that  good  and  juft  government  and  remedy  may  bee  made  of  divers  com- 
 c  plaints,  grievances,  and  mifchiefs  (hewed  to  our  Lord  the  King  in  this  Parliament ; 
 cour  Lord  the  King,  to  the  honour  of  God,  and  upon  the  great  inftances  andre- 
 c  quefts  to  him  divers  times  made  in  this  Parliament  by  the  Commons  or  his  Realm, 
 *  for  the  cafe  and  comfort  of  all  his  Realme,  hath  ordained  certain  Lords  and  others 
 c  underwritten  to  be  of  his  great  and  continuall  Councell,  to  wit,  the  Archbithop 
 'of Canterbury  the  Biuhop  of  Lincolne  Chanceilour  of  England ,  rhe  Bifhops  of 
 c  Rocheftcr,fVivchefteri,BAthi  and  Taygor,  the  Duke  of  Torki   the  Earles  of  Set* 
 'merfetmd  Weftmerland,  the  Lord  Rcos  Treafurer  of  England,  the  Keeper  ot  the 
 9  Great  Seale,  the  Lord  Berkley,  the  Lord  Willoughby%  the  Lord  furnevMl.  the  Lord 
 8  Ldvelt,  Mounfier  Fierce  Courtney,  Mailer  Hugh  Waterton,  Mafter  John  £hejnt ,  Ma- 
 c  fler  Arnald  Savage,  John  Northbury,  lohn  Dcreward,  lohn  Cawfou* 
 
 In  the  Parliament  of  j*  &  8.  Henry  4.  Numb.  31.  'The  22.  day  of  M*y  ,  ihe 
 'Commons  came  before  the  King  and  his  Lords  in  Parliament,  and  then  lohn  Ti- 
 c  betot xhtic  Speaker,reheafed,  how  they  had  prayed  the  King  in  the  begl >i  ing  or  the 
 c  Parliament^  and  after,  to  increafe  the  number  of  his  Councell  for  the  b.  rer  go- 
 vernment of  the  Reslinc^  and  prayed  the  King  to  put  it  in  execution-  and  -ur-her 
 crehearied  how  that  the  Aichbifhopof  Canterbury  had  reported  to  them,  I  hat  the 
 c  King  would  be  counfelled  by  the  moll  fage  Lord?  of  the  Realme,  the  which  ought 
 *  to  have  the  furvey  of  all  that  which  (hall  be  done  fur  the  good  government  of  this 
 c  Realme,  which  thmg  the  King  agreed  to  doe  and  rchearfed  with  his  own  mouth, 
 c  That  it  was  his  entire  will.  And  thereupon  a  Bill  made  by  the  King  himfelfe,  by 
 c  his  owa  will  vyas  delivered  containing  the  names  of  the  Lords  which  (hail  be  of. 
 'c  his  Councell,  the  tenour  of  which  Bill  enlueth.  It  is  to  beercmembred  that  our 
 r'  Lord  the  King,confi  deriog  the  great  iabours,occuf>ationss  and  diligence  which  he 
 1  Ought  necenai  ily  to  imploy  about  the  good  government  ot-  his  Realme,  and  other 
 c  his  poffeulohs,  as  well  on  this  fide  the  Sea  as  beyond  it.  Firit  of  all  for  the  prefer- 
 cyation  of  cur  Lord  the  King,  and  of  his  Crowne  ,  and  that  the  revenues  of  the 
 
 *  fame 
 
Fortfy  Navy  yttid  Officers  oft  be  Kingdoms  i  2 
 
 '  lame  may  be  the  better  collected  to  his  profit  and  increale,  as  much  as  a  man  may 
 c  jultly  doe5  to  the  end  thap  ho  may  the  better  fuliainehis  honourable  eftate.  And 
 '(ccondly,  tor  the  continuation  of  the  L  awes  and  Starutes  of  theRcalme,  to  the 
 'end  that  equ»li  light  may  be  done  to  every  one,  as  well  poor  as  rich  -,OurLoidthc 
 'King,  ot  bit  proper  and  good  wiil>  defircus  to  be  Supported  in  the  forelaii  can- 
 cfe?  becauic  that  he  cannot  attend  theieuutoin  \  rotter  perfon  lo  nuchas  he  would, 
 «t for  the  great  ioveai.o  good  .iffiancc  which  he  hath  among  others,  in  the  moil  re-* 
 cve*end  Fathers  in  God,  the  Archbifbop  of  Canterbury,  the  Bimops  of  Win* 
 'chefttr  and  Excefler ,  the  Duke  of  Tr*rkc  ^  the  Eirlc  of  Somerfct ,  the  Lord 
 c  Rcos  the  Lord  Burnet^  the  Lord  Lovell,  the  Lord  Willoughbie^  the  Cbanceliour, 
 « Treafurer,  and  keeper  ut  the  privic  Scale,  the  Steward  and  Chamberlaine,  Milter 
 «  Hnfh  fVaterton^diitr  lohn  Cheyney,  and  Metier  A>nald  Savage,  h*th  chofen  and 
 "  charged  them  to  be  of  biscoumell,  praying  and  commanding  them,  that  in  all 
 «thefore(aid  caufes  they  will  pdt  to  their  intire  diligercestor  thepn  fit  ofourfaid 
 «  Lord  the  King,  and  Lkewife  tor  the  confirmation  ot  the  Laws  and  Statutes  afore- 
 
 In  the  Parliament  of  2.  Htnry  6.  num.  1 5.  After  divers  fpcci  all  ree/fte ft  s  of  the  Com- 
 mons of  the  Rcalme^  being  tn  thofrefent  P argument ,  made  to  my  Lord  o/Glocefter  Com- 
 miffury  of  th  King,  and  to  otl  er  L  ns  Spirit  mil  andTemporall  there,  for  to  have  notiee 
 andconufance  of 'the  per  Jons  ajpgntd  and  ehUed  to  be  of  the  Kings  Councell,  to  their 
 nreateafe  and  confolation:  By  adz  ice  and  ajfent  of  all  the  Lords  Spiritual  and  Tempo- 
 tall  aforefaidtwere  defied  anin^medcertaine  ferfons%M  well  [pirituall  andtempor  It  Jo  be 
 C<  unc  Ururs  iijpftant  to  the  governance  of  the  Realm,  whfe  names  here  enfuc  j  The  Dulee 
 of  Gloceiier,  the  Anchbijhop a/Canterbury,  the  Bificps  of London*  Winchefter, Nor- 
 wich Worcefter,  the  fhancellomr,  Treajurer,  and  Kceptr  of  the  privic  Seale,  the 
 Vuketf  Excefter,  theEarleof  March,  the  lade  of  Warwick,  the  Earle  MarJhaB9 
 theEarled  Northumberland,  the  Earl?  of  Wcftmerland,  the  Lord  Cromwell,  the 
 £*r<iFitzHa£b,  the  Z,*r J  Bourchiev&  L*»&  Scroop,  Master  Walter  Hunger  ford, 
 Mafitr)  >hnTipt<-ff,ihomai  Chaucer,  Willi.m  Allir.g  on. 
 
 ?h  the  P  rlfament  of  29.  Henry  6.  nnm.i  6.  Upon  the  Petition  of  the  Commons  figainjt 
 divers  L<<rd'y  B:faps>  Knights,  Efetuires,  \  tothcr.umb.r  rf  29.  who  mi-be- 
 
 baved  tmmfdves  about  therpjait  ? erf  on  of  the  King,  and  in  other fUces,  ijwkoft  orJy 
 
 1  1  the  "return  ;  all  of  them,  except  the  Lords  and  feme  few  others^  v  )  thir 
 
 ft  them,  were  bjtht  Ki/tgnow  removed  frcm  hid  frefenceand  C  urt  for 
 
 ■il.ld.d would  objeel  gg 
 nterddti. 
 J  j  p  icfded  to  the  prccedent,and  to  fuch  fbrrajgn  examples 
 
 cited  in  the  Appc  bnndantly  cieare  -.he  Parli  imenca  right 
 
 •  innon  'mating. placing,  a  atOfficeriot 
 
 The 
 
*4 
 
 The  Parliaments  power  to  impofe  Taxes, 
 
 Oijen.6. 
 Seethe  Kings 
 Declarations 
 and  Proclama- 
 tions againft 
 this  and  other 
 AiTeffemcnts. 
 
 tsfnfwcr* 
 
 The  Parliaments  Right  and  Iurifdiftion  to 
 
 impofe  Taxes  and  Contributions  on  the  Sub;e&s  for  the 
 
 neceflary  defence  of  the  Realm,  Laws,  Liberties  without  the  King, 
 
 in  cafe  of  the  Kings  wilfull  abfencc  frorr^and  taking  up  Arms  sgdnft  the 
 
 Parliament  and  Kingdom,  briefly  vindicated  from 
 
 the  calumnies  againft  it. 
 
 Hefeverall  grand  Ob jeclioBS  of  confequence  made  by  the  King 
 and  others  againft  the  Parliaments  pretended  usurpations  upon 
 the  jaft  Rights  and  Prerogatives  of  the  Cr©wne,  being  iuliy 
 examined  and  refuted  in  the  Premifes,  fo  far  ( I  hope  )  as  to  fa* 
 tisfic  all  ingenuous  men,  in  point  of  Divinity,  Policy,  Law,  Rea* 
 Jon,  Confcier.ce.  I  fhall  next  proceed  to  the  remaining  materiall 
 Accufitions  which  concerne  the  Subjects  onely,  in  regard  of 
 Property  and  Liberty :  wherein  I  will  contraft  my  Difcourfe  into  a  narrow  compafTe; 
 partly  becaufe  the  debate  of  the  fore-going  Differences  between  the  Kings  Preroga- 
 tive and  the  Parliaments  Soveraigne  Jurifdittion,  hath  in  (bme  fort  over-ruled  the 
 Controverfies  betwixt  the  Subjefts  and  both  Houfes,  reprefentingthem  :  partly  b> 
 caufe  thefe  accufations  are  not  fo  univerfally  infifted  on3  as  the  former  which  con- 
 cerne the  King;  tbe  juftnefTe  of  them  being  generally  acknowledged,  willingly 
 fubmitted  to  by  mod,  except  fuch,  who  calumniate  and  traduce  them,  either  out  of 
 cevetoufnefe  onely  to  fave  their  Purles,  or  from  *  groundless  Malignity  againft  the 
 Parliament,  or  out  of  a  confeioufnefle  of  their owne  Dslir.quencies,  fubje&ing 
 them  to  the  Parliaments  impartiall  Juftice,  or  out  of  fome  particular  interefts  which 
 concern  them  in  their  gains,  honours,  preferments, ox  fuch  who  by  their  reftraints  for 
 not  paying  Parliamentary  AiTtdements,hope  to  fave  their  purfes  for  the  prefent  5  or 
 to  gaine  favour  and  preferment  by  it  for  the  future.  If  theie  private  (inifter  ends  were 
 once  laid  by,  this  fecond  fort  of  accufations  would  ipeedily  vanifti,  efpecially  with 
 men  of  publike  fpuits,  who  prefer  the  Common-weale  before  tiicir  owne  parti- 
 cular interefts. 
 
 The  firft  of  thefe  Cavillatcry  Objections  againft  the  Parliaments  proceedings  is, 
 That  both  Houfes,  without  tie  Kings  RoyaH  A§ent,  have  contrary  to  M-agna  Charra, 
 the  Petition  of  rVght,  the  Statutes  De  TaQapioncn  concedendo,  and  other  Acts,  by 
 their  Ordinances  onely  impoftd  late  Taxes  on  the  Subjects,  gtmouxtixo*  to  the  twentieth 
 part  of  their  eftates,  and fr.ee  ihat  moneihly  or  weekly  esfjftffements,  to  maintaine  a  war 
 againfl  the  King*  agrandincroachmeni  on  the  pecpUs  Properties,  contrary  to  all  Law 
 Ar.djuflicc* 
 
 This  Objection  feems  very  plaufible and  cordiall  to  covetous  Earth-worms,  be- 
 ing politikely  contrived  to  Court  the  clofe-handed  niggardly  party,  by  thofewho 
 are  guiltieft  in  themfclves  of  that  they  thus  objed  againft  others.  But  it  will  eafily 
 receive  ananfwer,  as  to  the  Parliament,  aadrecoyle  with  infinite  difadvantsge  en 
 thofe  thdtmakeir. 
 
 Firft, 
 
imprifon,  and  rejhrain  Malignant f  injome  cafes \rvithont  the  King.        1 5 
 
 Firlt  then  1  snfwer,Thatthc  Parliament  is  the  abfoluteSoveraigne  power  within 
 theRealme,  not  fubject  to,  or  obliged  by  the  letter,  or  intendment  of  any  Laws, 
 being  in  truth  the  lole  Law-maker,  and  having  an  abfo!ute  Sovcraignty  over  the 
 Laws  themselves  (y clover  LMagna  Cbarta^nd  all  other  objected  Acts)  to  repeale, 
 alter,  determine  and  luipend  them  when  there  is  caulc,  as  i*  undeniable  by  its  al- 
 tering the  very  common  Law  in  many  ca(es,by  repealing,  changing  many  old  Sta- 
 tute Lawes,  and  enacting  new  ones  every  Seffionsas  there  is  occafion,  for  the  pub- 
 like fafety  and  defence*  This  the  practice  of  all  Parliaments  in  all  ages  (  yea  tho 
 conftant  courfeof  all  Parliaments  and  AlTcmblies  of  the  Eftatss  in  all  torraigne 
 Kingdoms  loo)  abundantly  manifeffa.  The  Parliament  therefore  never  intended 
 by  all  or  any  of  thefe  objected  Acts,  to  binde  its  owne  hands,  but  onely  the  Kings 
 and  his  Miniftera,  with  infeiiour  Courts  of  Juftice,neither  is  the  Parliament  within 
 the  letter,words>or  meaning  or  t  hem ;  therefore  not  obliged  by  them* 
 
 2.  The  King,  with  his  Officers,  Judges,  and  inferiour  Courts  of  Juftice  on- 
 ly are  included,  and  the  Parliament,  is  directly  excluded  out  of  the  very  letter  and 
 meaning  of  all  thefe  Acts;  as  is  apparent.  Firft  in  generall,  from  the  occafion  ot  en- 
 acting all  thefe  Laws,which  was  not  any  c  omplaints  made  to  theKing  of  any  illegall 
 taxe9,  impnfonments,  or  proceedings  of  cur  Parliaments,  to  the  oppreffion  of  the 
 people  ;  but  onely  the  great  complaints  of  the  people  and  Parliament  againft  the 
 
 illegall  taxes,  impositions,  imprifonments,  and  opprefiions  of  the  Subject  by  the  £C%SirTEi* 
 King,  his  Officers,  Judges,  and  inferiour  Courts  of  Juftice,  as  all  our  Hiftories,  0„  ^.c^i", 
 with  the  Prefaces  and  wordsof  the  Acts  thetnfclves  atteft  5  toredrefle  which  grie-  and  thift  Laws 
 vance$  alone  thefe  Lawes  were  made  by  theParliaments  and  peoples  earneft  folici-  tArticuli  fupcr 
 tations,  much  againft  the  Kings  good  will.  The  Parliament  then  (who  would  v\t- chirm*Confr" 
 \ev  folicit  the  making  of  a  Law  againft,  or  to  rtftrain  it  (eifej  being  eleare  out  0{^nino^:^ 
 the  orignall  ground  and  mifchiefe  of  enacting  thefe  Lawes,  and  the  King,  with  his       ' ?  ' 
 Miniitei?,and  inferiour  Courts  only  within  them  5  they  can  n©  way  extend  to  the 
 Parliament,but  to  them  alone. 
 
 3.  The  Parliament,  ever  fince  the  making  of  thefe  Acts,  hath  al  wayes  constantly 
 enjoyed  an  abfolute  righe  and  power,  without  the  leaft  difpute,  of  granting  and 
 impofing  on  the  Subjects  whatfoever  Taxe?,  Subfidks,  Aids,  Confifcationi  of 
 Goods,  or  reftraint  of  Liberty  by  temporall  or  perpetaall  imprisonment,  it  thought 
 meet  and  neceflary  for  the  publike  defence,  iafety,  and  tranquility  of  the  Realm,  as 
 the  fevcrall  Taxes,  Subfidics,  and  Poll-monies  granted  by  them  in  all  ages,  the  ma- 
 ny Statutes  enjoyning  confifcation  of  Lands,  Goods,  corporall  puniftiments,  ba- 
 nimments,  temporary  or  perpetuall  impnfonments,  for  divers  things  not  punifh- 
 able,nor  criminall  by  the  Common  Law,  or  when  Magna  Charts  and  the  ancient 
 Statutes  in  purfuance  of  it  were  firlt  enacted,  abundantly  evidence  paft  all  contradi- 
 ction :  none  of  all  which  the  King  himfelfe,  his  Officers  Judges,or  inferictir  Courts 
 of  Juftice  can  doe,  being  reftrained  by  thcobjected  Actsi  Therefore  it  is  altogether 
 irrefragable,  that  the  Parliament  and  Houfes  are  neither  within  the  words  or  in- 
 tentions of  thefe  Acts,  nor  any  wayes  limited  or  reftraioed  by  them,  but  left  as  free 
 in  thefe  particulars  (in  order  to  the  publike  good  and  fafety)  as  if  thofe  Acts  had 
 never  beene  made,  though  theKing,  with  all  other  Courts,  Officers,  Subjects,  re- 
 maine  obliged  by  them- 
 
 C  2  4  Thst 
 
x  t  .  I  -  I  ...  —  -       I       I  ■ 
 
 1 5  The  Farlicwtenis  power  to  imjyofe  neceffary  Taxes, 
 
 4.  This  h  evident  by  exami nation  oi  the  particular  Statutes  objected  ;  Tiie  firti 
 andprincipallof  all  the  rdtis  Magna  Chart  a,  cap,  29.  But  the  very  words  of  this 
 Law  :  'Nor  We  (hall  not  paffeiipen  him,  norcondcmne  him,  tit  fey  the  lawful! 
 c  judgement  of  his  Pecres,  or  by  the  Law  or"  the  Land  :  We  (hail  deny  nor 
 'deferre  to  no  man  either  J  (ike  or  Right,  compared  with  the  Preface  to,  and  firir 
 '  Chapter  of  it,  Henry  ^  &f.  know  ye  that  We,  &c.  oEt  of  meereand  free  will  have 
 
 *  given  and  granted  to  all  Archbifhops,  Bilhops,  E  rles  Barons,  and  to  all  free  men 
 *ol  this  our  Realm  of  England,  and  by  this  our  present  Charter  have  confirmed 
 <POR  US  AND  OUR  HEIRS  FOR  EVERMORE,  thefe  liberties  un- 
 derwritten, to  have  and  to  hold  to  them,  and  their  Heirs,  OF  US  AND  OUR 
 4  H  E I R  S  FOR  EVERMOR  E,  &c.  (together  with  the  whole  tenour  and  titleot 
 'this Charter,  and  the  two  Ia(t  Chapters  of  it 5)  All  thofe  cuftoms,  and  liberties 
 'aforefaid  which  we  have  granted  to  be  holden  within  oiar  Realme,  as  much  AS 
 'APPERTAINETH^TO  US  AND  OUR  HEIRS,  WE  SHALL  OB- 
 c  SERVE.  And  for  this  our  gift  and  grant  of  thofe  Liberties,  &  \  Gur  Subje&s  have 
 
 *  given  us  the  fifteenthipart  of  all  their  moveables :  And  We  have  granted  to  them  on 
 c  the  other  partD  that  NEITHER,  WE    NOR    OUR  HEIRS  (hall  procure  or 
 
 *  doe  any  thing,  whereby  the  Liberties  in  this  Charter  contained  (hall  be  infringed 
 c  or  broken;  We  confirme  and  make  ftrong  all  the  fame  FOR  US  AND  OUR 
 'HEIRS  PERPETUALLY,  (not  the  Parliament)  All  thefe, 1  fay9  infallibly  de- 
 monstrate, that  this  Statute  of  Magna  Gharta.did  never  extend  unto  the  Parliament 
 to  reftraine  itshandsor  power,  but  onely  to  the  King,  his  Heirs,  Officers,  Coarts  of 
 Jullice,and  particular  ftibjeclf.  Sothatthe  Parliament&imprifaningof  Malignant? 
 impofing  Taxes  for  the  neceflary  defence  of  the  Realm,  and  feizing  mens  goods  or 
 imprifoning  their  perfons  for  non-payment  of  it,  is  no  wayes  within  the  words 
 or  intent  of  Mae;na  fharta,  as  Royaliifts  and  Malignantsignorantly  clamour*  but 
 the  Kings,  bis  Officers,  Councellours,  and  Cavalliers  proceedings  of  this  nature 
 
 Rdpll  Accufa-  are  cleerly  mod  direct  violations  of  this  Law.  And  that  which  puts  this  paftdif- 
 m  *'  ' ?9  pute  are  the  feverall  Statutes  of  2  5.  Edward  3.  cap.q.  Statute  5.3 7. Edward  3.  cap.  1 8. 
 38  Edward 3.  cap.  9.  42.  Edward  3.  cap.  3.  17.  Richard?*  cap.  I.  and  the  Petition  of 
 right  it  felf,all  which  exprefly  refolve,that  this  very  objected  Law  of  Magna  fearta 
 extends onely  to  the Kinghimfelfe,  his  Trivj  ComceB^  fudges,  Jufticcs,  Officers,  and 
 inferionr  Courts  of  Juft ice,  but  not  unto  the  fopream  Court  of  Parliament,  which 
 woman  ffor  ought  Ifiide)  ever  yet  held,  to  be  abfolutely  obliged  by  it,  before  the 
 Kings  late  recede  from  Parliament. 
 
 the  next  Statute  is  that  of  34.  Edward  1 .  cap.  1.  No  tallage  nor  aid  /ball be  taken  or 
 Ra/iilirmhs,  leaviedvY  US  AND  OUR  HEIRS  (not  the  Parliament)  in  our  Realme 
 tGXSf&c.u  without  the  good  will  and  affent  of  the  Archbijbops,  'Bijhops^  Satis,  Barons,  Knivhts 
 Burgees,  and other  free  men  of  the  Land  •  which  the  Statute  of  *  25.  Edward  1.  thus 
 explains,  "But  by  the  common  confent  of  the  Realms*  The  Statute  of  14.  Edward  ?. 
 cap*  21.  and  Statute  2.  cap  1.  thus.  If  it  be  not  by  common  confent  of  the  Trci 
 lates ,  Earles^  Barons,  and  other  great  men  and  Commons  of  our  laid  Realme 
 of  England^  AND  THAT  IN  PARLIAMENT.  The  Statute  of  3  5.  Ed- 
 ■ward  the  third,  cap.  8.  thus.  If  itbe  not  BY  COMMON  CONSENT  AND 
 GRANT    IN    PARLIAMENT.    The  Statute  of  36,  Sdward  the  third, 
 
 cap. 
 
wprifos/y!*^'!  refirain  Malignant*  t  ft  ing.       i  7 
 
 f  40.  1 1  jhm ,  Thiit ;  9  Sft  \  '•  He  nor  other  c  hdrgt  upon  the  ■  •■■  the 
 
 Merchants,  n  '  R  porn  /  I  T  1 1  O  ,  AS- 
 
 SENT   Or    THE    PARLIAMENT.  ThcSt  i$.cap.d..t 
 
 It  t<  MCCardtddttdft.iblifh    ,  -or  charge  fia/i  be  put  upon  Woo  Us,  IV  .  - 
 
 fels,  or  Leather^  oi  I  be  cafieme  and  (it bfidie granted  to  the  King^  WITHOU  T 
 
 THE  ASSENT  OF  THE  P  AR  LI  A  M  E  NT,  and  if  any  be,  It  fca/l  be  repeated 
 atd  holdenf-r  n§m%  And  the  Petition  of  Right,  3.  £Vo//,thus,  By  which  Statutes, and 
 other  goo  a  .  1  of  thi*  Rcalm^  your  Subjctls  h.tve  inherited  thus  freedom  ,  that  they 
 
 fiouldnot  be  compelled  to  contribute  any  Taxem  Tallage,  (fusion??,  Aide^  or  other  like 
 charge,  not  fa  BY  COMMON  CONSENT  IN  PARLIAMENT.  Now  it 
 is  ss  evident  as  the  noonday  finfhine,  that  thele  A&soncly  txcendto  theKing,  his 
 Heir*,  Councell,  Officers,  inferiour  Courts,  and  private  Subjetfts  onely,  and  that  the 
 Parliament  is  precHely  excepted  c  tit  of  the  very  intent  and  letter  of  them  all,  having 
 free  power  to  impofe  on  the  Sribje&s  what  Aids,  Taxes,  Tallage?,  Cuftomes,  and 
 Stibfi  dies  they  (hall  deem  meet,  by  theexpreffe  Droviilon  of  all  thefe  Laws,  concern- 
 ing the  granting  and  iropofing  of  Subfidies,  Therefore  by  tbcdi reft  resolution  of 
 thefe  Aft*,  the  Kinp',hi>Goince!lors  prefent  co/itribucions,  aiTelfements,  and  ran- 
 fums  impofed  on  the  Subje&s  are  iilegall  sgainft  the  letter  andprovilicn  of  all  thefe 
 AcT* ;  but  the  Parliaments  and  Houles  lawful!,  approved  and  confirmed  by  them. 
 
 True,  will  Royallift :  and  Maligriann  anfwer  (who  have  10  other  cvafion  left  but  ol,]ec~}m 
 this)  IftheKi ngwere  prefent  hi  Parliament,  and  confenting  to  thefe  contributions 
 xes  oi  ihc  twentieth  part,there  were  no  doubt cf what  yr.ualleage;but  becaule 
 the  King  is  »b(cnt,and  net  only  jifaiTcnts  to,  bill  prohibits  the  payment  of  this  or 
 any  Parliamentary  AfoiTeinents  by  his  Proclamation?,  therefore  they  are  iilegall 
 and  againft  thefe  Laws. 
 
 1  To  which  I  anfwer,  Firlt,  that  the  King  by  h's  Oith,  duty,  the  ancient  cuftom     %/fnfrrer* 
 and  Law  of  the  land  ought  of  right  to  be  alwayes  prefent  with  his  Parliament  (as 
 
 he  is  now  in  point  of  Law)  and  not  to  depart  from  it  buc  in  cafes  of  urgent  necelli- 
 
 ty  with  ihe Hon fes free  ennfents,  and  then  Hiil'r  leave*  Commifloners^or  a  Deputy  *sce8.  H.fi 
 
 to  fupply  his  aMcrce,   Thh  is  not  onely  confefled,  but  proved  by  a  Booke  lately 
 
 printed  at  Oxford  164a,  (with  the  Kings  approbation  or  ptrmilTion)  intituled,^ 
 
 <?.?»  /  thvut  a  King,  psg.  5.  to  1 6.  where  by  (undry  prefidents  in  all  Kings 
 
 Reignes  it  is  manifefted  ,  That  Kings  were,  and  cughttobe  prefent  in  their  Tarlia* 
 
 ments,  which  I  have*forrr.e  ly  cleared.   If  then  the  King,  contrary  to  thefe  Prefi-  Part  1.99*42, 
 
 dents,  his  Chen,  Duty,  the  Laws  and  Culkm  s  of  the  Realme,  the  practice  of  all  his  43.44* 
 
 Progenitots,  the  rules  of  nature  (which  prohibit  the  head  to  feparate  it  felfe  from 
 
 the  body  )and  will  (through  the  advice  of  malignant  Councellours)  withdraw  him- 
 
 felfe  from  his  Parliament ;  yea,  from  fuch  a  Parliament  as  himfelfe  by  aficeiall  Atl 
 
 hath  made  in  feme  fort  perpetually  the  Houfesplcafure  ;  and  raife  an  Army  of  Papift?, 
 
 Delinquents,  Malignants,  and  fuch  like  againft  it,  and  that  purpofely  to  dif- 
 
 folve  it,  contrary  to  this  very  Law  of  his  for  its  continuance:  why  this  iilegall 
 
 tortious  aft  of  his  (parallel  d  in  no  age)  fnould  nuiiirie  the  Parliament,  or  any  way 
 
 invalid  its  Impositions  or  Proceedings,  for  their  own,  the  Kingdoms.  Peoples,  and 
 
 Religions  prefervation  (  all  now  iadangered  )   tranfeends  any  reasonable  mans 
 
 capacity  to  apprehend.   • 
 
 2  The  right  and  power  of  granting,  impofing,  afTeiuing  unto  AfUffement?. 
 
 C  3  T<: 
 
8  The  Parliament  power  to  impofe  necejjary  Taxes  ^ 
 
 Tax;?,  Subfiles,  and  flieh  like  publique  charges  in  Parliament5for  the  publique  fafe- 
 t/,refts  wholly  in  the  Commons  and  Lords,  not  King;  and  is  their  owne  free  aft 
 aione,depending  no  waieson  the  Kiags  affentjnor  neceffariiy  req-wiRghis  perfoaail 
 pre  fence  in  Parliament* 
 
 Thisis  evident :  Firftby  the  exprefife  letter  of  the  forecited  h&$$No  Subfidyflax, 
 Ayde9  TaMeage^r  Cufiomejhall  befet>  granted^  aken  or  leaviedt  but  by  common  confent 
 and  grant  of  the  rPreUtes%  Earles%  *Barons9  Knights ,  Burgeffes^  and  other  free  men  of 
 *  See  part.  i.  p.  the  Realme  in  Parliament ;  or  without  the  affent  of  the  Parliament :  fo  that  their* grant 
 47>*M?>  J°  and  affent  i>i  ^Parliament ,  (not  the  Kings  )  is  the  onelj  thing  that  maizes  them  legall  and 
 binding  to  the  fkbjeB.  Now  both  Houles  have  granted,  ordered,  and  aflintcd  to  this 
 Aff?ffement ,  exceeding  not  the  twentieth  fart  of  mens  eftates ;  and  given  order  for  the 
 levying  of  it,  and  that  for  the  parliaments,  Kingdomes,  religions,  neceflary  de- 
 fence and  prefervation.Therefore  it  is  obligatory  and  legall,  though  the  King  him- 
 felfe  confent  not,  or  difaflent  thereto,  (efpecially  as  the  prefent  condition  of  things 
 (Unds)even  by  the  very  letter  of  thefe  a&s. 
 
 SecondIy,this  is  apparent  by  the  letter  of  all  our  publique  A&s,  for  the  granting 
 of  Subfidies,  Ayds,  Tenths,  Fifteenes,  Taxes,  Cuftomes5  Tonnage,  Poundage,or  any 
 fuch  like  impositions  in  and  by  Parliament,  either  by  the  Temporalty  or  Clergy : 
 C  **E*4<  Cel •  which  A&s  runne  ufually  in  fhis  manner.  *  The  Commons  efthu  Realme  HAVE 
 GRANTED  FOR  DEFENCE  OF  THE  SAID  REALME- 
 and  efpeciafljfor  the  fafegard  and  cuttody  of  the  Sea ,  a  Subfidy,  a  Subfidie  called  Ton* 
 
 *  14 1.  ?.<>*•.  nage^&c.  *  7>  he  Prelates  ^  Sades^B 'a»-ons%  and  all  the  Qemmons  of  the  Realme  willingly 
 The  King  dK{J{  w^  one  ajfe„t  HAVE  GRANTED^  ninth  Lambe>ni»thjhe*fe,  and  ninth 
 fane*       in  A'e  ce>  ^rc%  ^n^  °f  C***es  ^'Burroughs  the  ninth  part  of  all  their  goods  and  chands^&ci 
 
 *  x  j^*\  C#I ,  in  aide  of  the  good  keeping  the  Realme  as  well  by  Land  as  by  Sea^  &c.  *  We  your  poor* 
 1  Mar.  1  E.c.  Commons  defire  your  excellent  LMajefly  willingly  to  accept  and  receive  thefe  OUR 
 J9. 1  Jacc.33.  POOREGRANTS  hereafter  following,  ^GRANTED  of  free  hearts  and 
 
 good  wils^  as  thsfirft-fruits  of  our  good  wils  and  heart  s£rc  by  the  advice  and  Affent  of 
 the  Lords  fpir;tuall  and  temporally  GIVE&GRAN  T0for  the  defence  of  your  realm, 
 and  the  klepwg  *ni  fafegard  of  the  feast&c»one  Subjidy  called Tonnage^fr c* The  Prelates 
 and  Clergy,  &c.    as  afpeciall  andjignificant  teftimony  of  their  loyal) afeSlion^  &c»  with 
 
 *  xi  !«♦  c.?»  me  *ffettieyi  an^  uniforme  confent  HAVE  GIVEN&GRANTE  Dfoure  whole 
 i.Care.c.j.  "  And  ivtire  Subfidies.  *  }Ve  your  Commons  a(pmbled in  your  high  Court  of  Parliament, 
 •*  1  Car.  cV.21.  humbly  prefent  your  C7rtajstty  ^^FREE&CHEERFULL  GIFT  oftwa 
 Jac.c.3  %•         intire  Subfidie •s%&c.M\  Subfidies  and  Taxes  then  being  the  free  gift  of  the  Commons, 
 
 Clergy  and  P  jeres  in  Parliament,and  that  oneiy  for  the  defence  of  the  Kingdome  by 
 
 CiA  and  land  5  it  is  infallib!e3that  they  do,may  and  can  oblige  themfelvet,  and  thole 
 
 they  reprefent,to  pay  fuch  publikeTaxes3to  this  end,withouc  the  Kings  concurrence. 
 
 Thirdly,this  is  cleare  by  confidcring,that  the  Commons  and  Lords  in  Parliament 
 
 *  Sec  Raft all.    have  alwaies  had :   1.  An  abfolute  right  and  power  to  grant  or  deny  Taxes,  Subfi- 
 
 Taxcsjftc.      dies ,  aydes  and  afliftance  as  they  faw  occafion;    2.  To  proportion  the  aydes  and 
 
 throughout.     Subsidies  granted*  3,  To  limit  the  certaine  manner,  waies,  and  times  of  paying  and 
 
 levying  them  ;  and  the  perfons  who  (hall  either  pay,  affeffe,  colkft,  receive,or  dif- 
 
 burfethem.  4*  The  ends  and  ufes  to  which  they  (hould  be  imploycd  when  leavied, 
 
 debarring  the  King  oft  times  (  when  they  faw  caufej  of  any  power  at  all  to  receive 
 
 or  difpole  of  them,  appointing  Collectors,  and  Treafurers  of  their  owne  to  receive 
 
 V  and 
 
imprifon  and  reftraincMaligna/its in  fome  cafeSyWitbont  the  King.      1 9 
 
 and  ifTiie  them  out  againe,Sy  the  advice  and  dire&ions  of  thefe,  as  themselves  pre- 
 scribed ;  for  which  1  (hall  give  you  fome  few  infhnces  of  note.in  lieu  of  many  more, 
 that  might  be  remembred.  *  <tAnno  12  37.  being  the  21  yeereof H>nry  thethird^The  *£tojttb.  P^ru, 
 Parliament  after  many  csnteftations  with  the  King  for  his  fraud,  opprtfftuns^  favouring  cfHiit.  Angl.  p, 
 Aliens,  &c,  to  the  KvgJnme 3  detriment ;  the  King  by  Oath prcmifwg  amendment,  gran-  4*°»4l,»5:' 
 A  Junto  hivj  the  thirtieth  part  ef  all  their  moveables  {excepting  ready  Afor.ey,  Horfe^  and  ^^      'f.  * 
 Armour.)  to  be  implojedfor  the  Ccwmon  wealth  tand  bene  ft  of  the  Kealme-  with  this  con- 
 dition often  annexed ,   that  the  King  Jbould  leave  the  Connfell  of  Alien s^avd  one ly  rtfe  that 
 of  his  natural  Subjetls.  Ardfor  morefecurity  it  was  ordained,  that  femrt  Knights  of  every 
 Shierey  and  one  Clerke  of  the  Kings  in  every  fever  all  Shi  trenail  upon  their  oathes  etllctt, 
 receive  andd-.liver  the/aid Subfdy  either  into  fome  Abb.y  or  fiftl'^  to  be  fafcly  referved 
 therey  anddifpofedofforthe  benefit  of  the  King  and  Kirgdomry  by  the  view  and  counfell 
 of  the  Earle  Warren  or  c  tberj.  whe  n  there  fhould  be  need :  Or  otherwife  if  the  Kir.g  fciled 
 in  performance  of  Hi*  promifes and  grants,  it  ought  to  be  faithfully  re  fore  d  and  mfhribu* 
 ted  to  the  Country  whence  it  was  colic  tied*  *In  the  ll.yeerc  of  King  EJwtrdtbe  2,  Anno  H-jpitAtghM 
 3  3 18.  The  Parliament  (not  daring  to  truft  this  prodigall  mif-counfelled  King  with  H .ft.  Arg!.  p, 
 moneys)  inflead  of Subfides,  (panted  him  an  aide  of  armed  mm  again ft  the  Scots  :   Lon-  *>8-  riolinflxd, 
 don  fet  forth  200.  Canturbury  40.   Saint  Albjncs  10.  and  fo  all  othtr  Burroughs  and  Grafnv»  and 
 Cities  according  to  their  proportion  jwherc by  a  great  Army  was  leavicd.  The  Parliaments      J//;c  >P"lir' 
 of  14E.3.C.20.21.  StaM.  &Stat.2.  c.  1.  18  E  3.  Parliament  2  &  3.  (  forecited  at 
 large,  part. 2.  p. 8. p  )3i  jH,6*  Num.41,  ll^rfr.c.33.  particularly  diretl  how  the  Sub- 
 Jidies  9 ranted  fijll  be  difpnfed  of  by  certatne  Nobles  and  othcrsjmhem  th-y  rcminatc>  a*d 
 appoint  Treafurers  to  receive  and  iffue  them  to  the  ends  for  which  they  gr  ait  ed  thtm ,  pre- 
 fer ibing  them  an  oath  to  ijfue  none  of  them  to  other  purpofes^r  in  any  ether  mjmerthen  they 
 prefer ibed.Yez  the  Afts  of  former  Parliament?}  and  this  prefent  concerning  T^^f, 
 Poundage ^Tolemonn^and  Sub f  dies  ^rtc^tnfiy  do  the  like.  Therefore  the  granting  and 
 difpofing  of  thofe  Taxes,  Aydes.Subfidiesrcib  wholly  in  the  Common?,  and  Lords; 
 and  no  waieson  theKing,who  commonly  dt fires  the  Parliament  tograstthem. 
 
 Fourthly, this  is  further  evidencedjby  the  Kings  ufuall  anfwer  and  afTrm  unto  fuch 
 Bills  asthefe  :  *  Le  Roy  renter cy  fes  Loaulx  SubyBs  accept  LOUR  BENEVOLENCE,  *  Mr.tf*:^ 
 &  auxy  lev  cult  \  takipgit  wholly  ss  a  tree  grant  from  them  ;  which  afTcnt  in  this  mannorofpaf- 
 cafe  is  rr.thcr  formal!  thea  fubftantiall,  it  being  the  Commons  and  Lords  owne  con-  finS  Bils>^-<a«  j 
 fent  only  to  Bils  of  this  nature5not  the  Kings5that  make  the  Taxes  and  Jmpofitions    '?'7*' 
 binding  as  the  forecited  Statutes,  the  Petition  of  Right  3  Caroli ;  *  fmrtefene^  and  ocr 
 Lawbooks  refo!ve,and  I  have  eMewhere  manit'efred  moreat  Iarge.Therefore  the  want    _  VJ*^*'1'/' 
 of  the  Kings  aflent,  or  difaffent  to  the  Parliaments  prefen:  affc fitment  for  ihe  King-  »j>  -       ~ 
 domes  neceffary  defence  in  the  prefent  extremity  (when  the  King  not  onclywi!::.!- 
 ly  abfents  himfelfe  from,  but  hath  raifed  Armss  againft  the  Parliament^)  i*  not  ma- 
 teriall  corfimply  neceffary  in  point  or  Law  ■,  though  uiually  requifite ar d  necefLry 
 for  formality  lake ,  at  oiher  feafon^to  compleat  inch  A&<  ;  fiocc  Sepentemen 
 ceffttas  vincit  legem,   dr  ejuodneceffarium  eft  5  liciiumcft  (al  thisaffeilement  now  is  J 
 though  all  formalities  be  not  punctually  obftrved  ;  as  is  refolvcii  in  'Dorr^.-rsale. 
 Cooke  I.5.  f.  40.  b. 
 
 Fiftly,  it  hundeniahlfjhat  the  Kniehts,  Citi^'ns,  B'irgefcs^  and.  (fmmrs  in  Pj?  Ha~ 
 msntj  clettfdby  the  (usages  of  thcfcvtrall  CfmnHes^Mttf^ami  BwHght*}  E   g*and, 
 
 dee 
 
2  g  The  Parliaments  power  to  impofe  neceffary  Taxes, 
 
 *  See  parj.  i  .p.    do*really  and  legally  reprefent  all  the  Commms ;   and  the  Lords  and  they  the  whole  Realm, 
 19*47*  and  all  the  people  of  En  gl  ,nd  :  fo  that  what  ever  Tax  is  impofed  and  a\jented  to  by  them^ 
 
 or  by  both  Bohfesonely  without  the  K'wgQwho  reprefentsno  man  but  Himfelfe  ahne)is  in 
 -point  of  Law  impofed  and  afented to  by  all  the  Commons ,  and 'whole  Realm  of  England, 
 (as  the  recitals  in  all  our  Statutes,  and  Law-  bookes  refoive  )  chough  the  King  affent 
 
 *  yitib.  Affile  not  to  it,  If  therefore  (as  our  *  Lawbooks  clearely  refoive  withe  lit  difpuce,  and  the 
 4i  5.  Awmj,  experience  of  all  Corporation?,  Parishes.,  and  Mannors  evidenceth  paft  contradi&i- 
 74.  Piefcrip.  onjaH  Ordinances  and  Bylaws  made  for  the  common  good  of  Corporations^  f'arifbioners^ 
 6l^Kfabti°4\  Tcnantsofa  Mannorrandthe  likely  all  or  the  greater  part  ofth:  CorporatirasJParifbio- 
 72*80  Co.?.  *  Mrs  Xehants^idTaxes  impofed  by  them  for  the  Comm?n good(as  repairing  of  Churches9 
 Rep.63.-0  69,  H'lgh-w  aies  fridge  s^relitfe  of  the  pcore,andth  liJ^f)  (hall  binXe  the  reft:  evenin  point 
 See  Rdftd.  title  0f£>aw  without  the  Kings  ajf;»t>  Then  by  the  fame,or  better  reafor,the  impefi- ions 
 Corporations.  ^^  faxes  now  laid  upon  the  fubje&s  by  the  alTent  and  Ordinances  of  both  Hoafes 
 
 of  Parliament  5  reprefenting  the  whole  Commons  and  Realme  of  England  (who 
 actually  afTent  likewife  to  thefe  Taxes  and  AiTtlTcments  in  and  by  them)  mutt  and 
 ought  in  point  of  Law  to  oblige  all  the  Subjects  in  this  cafe  of  neceflky,  fat  leatt  as 
 longas  the  Parliament  continues  fitting,  and  this  their  reprefentation  of  them  re- 
 ♦  mains  entire  ;)  efpecially  being  for  the  necelTary  defence  of  the  Parliament ,  King- 
 dome,  Religion,  all  our  lives,,  efhtes,  liberties,  lawes,  agairft  an  invading  A;  my  of 
 Papifts  and  Malignants,  in  a  cafe  of  extraordinary  extremity.     This  1  ihall  further 
 ileare  by  fome  ancient  and  late  judgements  in  point. 
 *Judge  Crook"  T    Mich.  1 4  Ed. 2.  rot.  60,  in  the  Kings  Bench  William  Hey  borne  brought  an  Action 
 arSujPerJc  a"  •  « of  TrcfpalTe  againft  William  Keylow,  for  entering  his  houie  and  breaking  his  chefts, 
 Sincy.P.M,*5  c  and  taking  away  70  pounds  in  money ;  the  Defendant  pleading,  Not  guilty,  the 
 fi Jury  found  a  fpeciall  Verdift:  that  the  Scots  having  entred  the  Biftiopricke  of 
 1  Durham  with  an  Army,and  making  great  burning  and  fpoyles,  thereupon  the  Com- 
 '  monalty  of  Durham^  whereof  the  PJantirTe  was  one,met  together  at  Durham,  and 
 c  agreed  to  (end  feme  to  compound  with  them  for  a  certaine  iurnme  of  money  to  de- 
 cpart  the  Country, an  i  were  all  fwrorne  to  performe  what  cdmpofuions  mould  be 
 c  made,and  to  performe  what  Ordinance  they  mould  make  in  that  behalfe;  and  that 
 „  cthereuoon  they  compounded  with  the  Scots  for  1 6  00  Makes.    But  becaufe  that 
 
 i  was  to  be  paid  immediately,  they  all  confented,tbat  fV  lliam  Kfj/owthe  Defendant 
 'and  others,  mould  goe  into  every  manshoufe  to  feaich  what  ready  money  was 
 4  there,  and  to  take  it  for  the  railing  (  f  that  iurnme  and  that  it  mould  be  fuddenly  re- 
 \  paid  by  the  Cornmunalty  of  Durham:  Andthat, thereupon  the  Defendant  did  en-  I 
 !  ter  into  the.  Plaintiffs  hcufe5and  broke  open  thecheft,and  tooke  the  feventy  pounds, 
 ,c  which  was  paid,  accoidingly  towards  that  composition.     A  id  upon  a  Writ  of  ' 
 c  Error  in  the  Kings  Benefit  was  adjudged  for  the  Defendant  againft  the  PlaintirTe, . 
 cthat  the  acVion  did  not  lit,  ^becaufe  he  himfelfe  had  agreed  to  this  Ordinance, 
 c and  w«*s fworneto  performs  it,  and  that  the  Defendant  did  nothing  bu:  what 
 che  affen^ed.tqby  O.th  5    arsd  therefore  is  accounted  to  doe  nothing  but  by. his 
 c.con(cn£,.  aV&r*aM  t^im  and  .the  Commonalty  of  Durham;  therefore  he  was 
 «natr  Whkhcafe  was  agreed  for  good  Law  by  all  the  J#dges9  iruthe-, 
 
 late  (  >onrf&t£iKd  in  the  Exchequer  -.Chamber  5  though  neither  King 
 
 nor  Parliament  ecinfeiiUcj Jjp  this  Taxe  or  Compolition.  •. 
 
 v  This 
 
4»/J  to  imprifon  an  1  reftrain  Ifalignants  Tbitheut  the  i\ing.  2  1 
 
 This  is  the  Parliaments  prefent  cafe  in  effect:  The  King  having;  raifedan 
 Army  of  Papiftff,  Delinquents,  Forraigners,  Irifh  Rebels,  dii'afT.cT  d  Pcrfons, 
 and  actually  invading  the  Kingdom  and  Parliament  with  it  ;  Hcraip  >n  the 
 Parliament  wereinforced  to  raife  an  Army  to  defend  themfelvcs  and  the  Real  a 
 acainft  thefe  [nvafiorw ;  For  maintenance  whereof  they  atfirft  made  ulcon  ly 
 of  voluntary  contribution!  and  fupplics  ;  proceeding  onely  from  the  Li  eralitj 
 of  fomeprivate  pcrfons,  beft  affeftea  to  the  publike  fenrice  ;    Which  being xi>    May  5. 
 
 hauCfced,   The  Lords  and  Commons  tonfideringwhat  a  (<  I  nine  Covenant  and  Prote-      \6  &\. 
 
 ick  themflves  had  made  and  t uleen  tand  the  Snbtells  (UceVpi  }  throWnut  the  Realm, 
 'to  m  lint  in  <wd  defend ,  as  farre  at  lawfully  thy  mifht  WlTtf  THEIR 
 LIVES,  POWER  AND  ESTATES,  The  true  Reformed  Protefiant 
 Mkm**&c.  As  alfo  THE  POWER  AND  PRI VI  LEDGES 
 OF  PARLIAMENT,  THE  LAWFULL  RIGHTS  AND 
 LIBERTIES  OF  THE  SUBJECT,  And  every  per/on  that 
 medtrth  thk  Protestation,  inWhatfocverhe  {ball  do  in  the  laWfull  purfuance  of  t'x 
 fam^&c.ts  in  the  Probation  (made  by  both  Houfcs  contents  when  full.ft^Ani 
 considering  that  the  whole  Commons  and  Kingdoms  aflents  were  legally  and 
 actually,  included  in  what  they  aHented  in  Parliament,  for  the  neceMary  defence 
 ortie  Realm,  the  Subjects,  Parliaments  Pri  viledges,  Rights,  and  the  Reformed 
 Religion  (  all  actually  invaded,  endangered}  by  an  Ordinance  of  both  Houfes, 
 without  the  Kings  confent  (then  abfent  from,and  in  open  hoftrlitie  againft  then) 
 impofe  a  general!  Aflkflement  upon  all  the  Subjects,  NOT  EXCEEDING 
 THE  TWENTIETH  PART  OF  THEIR  ESTATES;  And 
 far  non-p?ym?nt  prefer  ibe  a  diftrrff;  &r.  Why,  this  AiTflemtnt  in  this  cafe  of  nc- 
 cefTUie,  being  thus  made  by  affent  of  both  Houfcs  (and  ib  of  all  the  Kingdom  in 
 them)  in  purfuanceof  this  Protestation,  iliould  not  as  legally,  yea  more  j-uflly 
 oblige  every  particular  fubjeft,  though  the  King  affented  not  thereto,  as  Well  as 
 that  agreement  of  the  men  or  D*rbamt  did  oblige  them  even  in  point  of  Law, 
 Jollier,  Confciencf,  tranfeends  my  capacirie  to  apprehend :  and  if  the  firfl  Cafe 
 be  Law,  as  all  the  Judges  then,  and  of  late  affirtped,  the  1  tter  qu.ftionlefTe  muffc 
 be  much  more Legall,  and  without  exceptions,  (a)  A/.  3  2.  and  33.  El>z~  in  the  (0  Cflot?  f-  *e~ 
 Ki  :igs  Bench,in  the  Chamber  I  dn  of  London*  cafit  it  was  ad  judged,  That  an  Ordi-  lort-fa  6*-  6*. 
 nance  m id:  by  the  Common  Qonnccll  of  L m  ion  onljfh.it  ail  Clothes  fbostld  be  b^ourht 
 to  Bl.id^v:ll-h.ii!)ta  be  there  vci  tired,  fcarcht  ?,  tndmeafiered,  i-fore  thy  were  fold,  nd 
 that  a  fenny  Jbould  be  paid  for  every  Cloth  for  the  Officer  that  did  the  fame,  and  that 
 fix  pjiilings  eight  pence  (bould  be  forfeited  for  ever  J  Cloth)  not  bronfht  thither  and 
 fearched ;  was  good  to  binde  nil  Within  the  Citit,  and  that  an  Aflion  of  D  ebt  Would 
 lye  at  the  Common  Ln\\\  both  for  the  duty ,  and  forfeit  urr  ,  becanfe  it  was  for  the 
 fnblike  benefit  of  the  City  and Colmmni ' W*alth%  (b)  M.  38.  Eliz.  in  the  Com-  (A)  coo\  f.  Re- 
 mon- Pleas,  it  Was  adjudged  in  Clerks  Cafe  ;  That  an  Ordi  nance  made  by  affcxt  ?°  i  f6u 
 of  the  Bnrfeffes  of  Saint  Albanes,  wherecf  the  Plaintiff;  vpm  onr-0  for  a  J  jft  g  of 
 ascertain- fummevf  Admey  upon  every  Inhabitant,  for  the  ere  flin a-  of  Conrttxhere 
 (the  Term:  being  th:n  adjourned  thither  from  London^  by  reafon  oftheflagne) 
 with  a  penalty  to  b?  tevjea\  by  difirejfe,  for  non-payment  of  this  Tax,  w  1  (",}  eofik  \   ?  -. 
 
 bind:  ail  the  Inhabitants  there,  becaufe  it  w&  for  the  fublilee good*  (t)  Mich*   JI-  f    './  .  £;.6; 
 
 D 
 
21 
 
 The  Tarliiments  power  to  vupoft  Taxes  in  Cafes  of  neeefsitii, 
 
 aml$i\  Efre.  in  the  Kings  Bench;,  William-  feferfos  Cafe,  and  Fofck.    41 .  EH*,, 
 
 T  wets  Cafe,  k  was  refolved;  That  the  Church-Wardens  with  the  greater  part  of 
 the  Parifi>i®ncrs^affents9  f##fp4J  a  Taxe  upm  all  the  Parifhionrs,  according  to  the 
 cjuantkieof  their  Lands  and'  Eftates,  or  the  number  of  Acres  of  Land  they  hold 
 (jhe  Tax:  there  tyas  four  fence  an  Acre  for  Mar  fa- Land, and  two  yence  for  E  arable), 
 for  the nee 'effary  reparation  of  the  Church;  and  t hit  thisi  (hall bind*  all  the  Inhabi- 
 tancy fo  as  they  may  be  Libelled  again  ft  in  the  Spirit  nail  Court  for  non-payment  ■ 
 thereof  and  no  prohibition  lietk    The  like  hath  been  refolved  m  ftmdty  other 
 (4)RegJ0w.fol.  Cafes.  And,  by  the  Common- L  iwof  England  where  by  thebrach  of(d)  Sea-Walls, 
 1x7.  Vit\  N>  the  Country  #,    or  may  be  furroundid ,    every  one  who  hath  Lands  within  tloe 
 ttir.Brev  ft.      I >v ell  or  danger %  which  may  have  ben  ft,  or  lojfe,  by  the  inundation ,  may  and  Jb all 
 1 1  ^,Co^e,  t,     ys  enjorceA  t0  contribute  towards  th  repair,  an  I  making  up  of  the  Sea-Vralls,   and  a 
 WJ§ ,  142 ,        reaTomble  Tax  affeffed  by  a  fury,  or  the  Major-part,  ///all  binie  all  the  reft,  becaufe. 
 it  u  both  f^r  their  own  private,  and  the  common  good.     If  the  Law  be  thus  un— 
 queftionably  adjudged  in  all  thefe  Cafes,  without  the  Kings  aflknt3  then  much 
 more  mult  this  AffdTement  impofedby  both  Houfcs  be  obligatory,  in  point  of 
 Law  and  Juftice,  though  the  King  consented  not  thereto,  fince  the  Houfcs,  and 
 whole  Kingdom  confented  to  it,  for  their  own  defence  and  prefervation. 
 
 Sixthly,  Thisisadutie  infeparably  incident  by  the  Fundamental!  Law,  and 
 originall  compacl  of  every  Kingdom,  Citie,  Corporation,  Company  or  Frater- 
 nitie  of  men  in  the  World  ;  that  every  Member  of  them  fhould  contribute 
 proportionably  upon  all  occafions  (efpecially  in  Cafes  of  imminent  danger} 
 toward  the  neceflary  charges,  defence,  and  prefervation  of  that  Kingdom, 
 Cine,  Corporation,  Company,  or  Fraternkic,  of  which  he  is  a  Member,  with- 
 out which  contribution,  fhey  could  be  neither  a  Kingdom,  Citie,  Corporation, 
 Company,  Fraternitie,  or  have  any  continuance,  or  (Libfiftence  at  all ;  Which 
 Contributions  are  aifeded  by  Parliaments  in  Kingdoms,  by  the  Aldermen,  or 
 Common-Ccunccll  in  Cities,  bytheMafter  and  Afiiftants  in  Fraternities,  and 
 what  the  Major  part  concludes,  frill  bindes  the  Re(idneA  and  the  diflent  of  feme 
 (thouah  the  Ma;or,  or  Maftj.  ofthe  Company  be  one)  (h  dl  be  no  o'.  ftaclc  to  the 
 reft.  Thic  all  our  Afts  concerning  Subfidies,  Aydes,  Tonnige  and  Poundage  the 
 daily  practice  and  conftant  experience  of  every  Kingdom,  Citie,  Corpo/ation, 
 Company,  Fraternity  in  the  World,  manifclts  pa(t  all  contradictions;  which 
 being  an  indubitable  v^rine,  I  think  no  reafonaole  man  canprodu:e  the  leaft- 
 fhadow  of  Law  o:  Reafon,  why  the  Parliament  reprinting  the  whole  Body 
 ofthe  Kingdom,  and  being  thefupream  Power,  Cou.ifell,  in  the  Realm  ;  boun  1 
 both  in  Dutie  and  Confcience,  to  provide  for  its  fecuritie,  may  not  in  this  Cafe 
 ©f  extremitie  legally  impofe  this  neceffary  Tax,  for  their  o  vvn,  the  Kingdoms, 
 Su';>:cFs,Laws,  Religions  prefervations  (of  which  they  are  the  proper  judges, 
 Gardians)  and  fhould  not  r'ather.be  credited  herein  then  a  private  Cabinet 
 Court- Counfcll.  of  perfons  difaffvcled  to  the  Republike ,  who  impofe  now 
 hrre  greater  Taxes  on  the  Subject  s0and  plunder,  fpoyl,  deftroy  them  every  where 
 directly  againft  the  Law,  of  purpofe  to  ruine  both  Parliament,  Kingdom,  Reli- 
 gion, Laws,  Liberties,  and  Pofleritie. 
 
 Seventhly,  It  is  confefled  by  all  *.  That  if  the  King  be  An  Infant,  Non-Comp?s, 
 f  ..  abftnt 
 
and  to  imp)  \fv\  an  \  reflrain  Malignant!  Tbitlmt  cbt  f(h?g.  I  j 
 
 abfent  in  Ftrraion  remote  p.trts,  or  detained  prifawr  by  an  Tint  my.  -King- 
 
 dom or  Parliament  in  ail  fuch  Cafes ,  may  \\ it bout  the  Kings  all  u  all  ^  per  wall 
 afftnty  treat*  a  Protikhr  or  Regent  of  tlnir  own  EL  RioUyAitdnot  0:1  fy  mai^;  LaWs, 
 but  q>\vit  Subftdicsy  impofcTtxcs,  and  rat fe  Forces  for  the  Kingdoms  nrajfary  dc- 
 ftHCf,  at  u»  /.-  y  d.m.  fiirl^u/id  forraign  Prefidents  in  the  preceding  ')  Parts,  and 
 Jppcnciixxviiia',  ;And  (f)  Hugo  GrotiM/y(.>)}uniti<  BrntUSyVflXJi  Other  Lawyers  (e)  ?***\  p  {} 
 
 acknowkdgeas  a  thing  beyond  all  difptite.    Nay,  if  the  King  be  of  full  age,  and  5°-  0?-'K  °» 
 within  the  Re  aim,  if  aforraignenemy  come  to  invade  it,  and  the  Ki;  A  ™l'£^t* 
 
 or  resile  tola  oat  a  Navy,  or  raife  any  Fores  to  refill  them,  The  Lords  and  Frantk,  Then 
 Commons  in  filch  a  Cafe  of  extremitie,  may,  (and  are  bound  in  Law  and  Coiv  his  catalogue 
 fqience  ib  to  do)  for  their  own,and  the  Kingdoms  \  reservation,  not  onely  in  and  ?f  ProccAon , 
 by  Parliament,  but  without  any  Parliament  at  all  (if  ic  cannot  be  conveniently  Xn  HllnJk4,r* 
 fummoned)  lawfully  raife  forces  by  Sea  and  Land,  to  encounter  the  Enemies,  (f7^eIweBet* 
 and  impofe  Taxes  and  Contributions  to  this  purpofe  on  all  the  Subjects  by  com-  u&  Facutl.  i. 
 moneonfent,  withclaufesof  diftrefte  ami  imprifonment  in  cafe  of  refufalJ,  as  c,  j  *u.  24. 
 I  haveel'ewherc  proved.    And  if  in  Cafe  of  invafion,  even  by  the  Common-  P  •  ^     . 
 Law  of  the  Realm,  any  Captains  or  Soft Liters  may  lawfully  enter  into  another  m.ms  [°\  '*"*„, 
 wound  and  there  encamp ,  mujtcr^  or  but  la  t  orts  to  refijt  the  t.  nemy,  or  pull  down  tw  „Vt  , }  a. 
 Si.burhs  of  a  Citicy  toprcferve  the  Citic  it  felf9  when  U  danger  to  be  fired  or  affaulted 
 iy  an  Enemjy  without  the  fascial/  confent  of  Kingy  Parliament,  or  the  OWnrrs  of  the 
 Lands y  or  HoufeSy  without  (/-)  Trcfpajfe  or  offence,  becaufe  it  isfcr  the publi'-^fafc-  (h)  i$.  H  3.:*. 
 tify  as  our  L.w  Books  refdve ;  Then  much  more  may  both  Houfes  of  Parlia-  9.  £-4. 35  k*« 
 merit,  when  the  King  hath  through  theadviceof  ill  Counsellors  wilfully  ele-  E  4  2?  Br- 
 llrted  them,  refufed  to  return  to  them,  and  railed  an  Army  of  Papifts  and  Ma-  YttBttloil 
 lignants  againft  them  and  the  Realm  (now  miferably  lacked  and  wafted  by  pwy  ij. 
 them,,  as  bad  as  by  any  forraign  Ernies)  both  take  up  Arms,  raife  an  Army, 
 and  impose  AiTellements  and  Contributions  by  Ordinances,  unanimoufly  voted 
 by  them,  againft  which  no  Lover  of  hf  Country,  or  Religion,  no  nor  yet  the 
 greatJl  Roy  all  id,  or  Malignant,  can  with  the  lealt  ftudow  of  Law  or  Riafon, 
 juftly  except. 
 
 Eightly,  If  tfuyfhall  now  demand  what  Prefidents  there  are  for  this  ?  I 
 Anfwer  :  rirft,Tnat  the  Parliament  being  the  Sovtraign  Power  and  Counfeli  ki 
 the  Realm,  isnottyedto  any  Prefidents,  but  hath  power  to  make  new  Prefi- 
 dent^,  as  well  as  new  Laws,  in  new  Cales  and  mifchiJs  ;  where  th;.re  are  no  old 
 Prefidents,  or  vary  from  them  though  there  be  ancient  ones,  if  better  and  titter 
 Prefidents  may  be  made ;  asevery *  Court  of  Juftke  likewise  hatk  Power  to  give  *  c'acA  4.  rt<f>. 
 new  Judgements,  and  make  new  Prefidents  in  new  CaieSj,   and  may  fometimes  ''2'?^ 
 fvverve  from  old  Prefidents,  where  there  were  no  ancient  Prefidents  to  guide  gi^  U  c 
 them  ;  even  as  Phyfitians  invent  new  Medicines,  Chyrurgions  new  Emphlfters 
 for  new  DifeaCs,  Ulcers,  or  where  old  Medicines  and  Balfomes,  are  inconveni- 
 ent, or  not  (o  proper  as  new  on.s.  And  as  men  and  women  daily  invent  and  ufe 
 new  Fafhions.at  their  pleafuri3cV:  Tradcfmen  new  Manifadures  without  licence 
 of  King  or  Par  li j  menr,  becaule  they  deem  them  better  or  more  comely  then  the 
 old. Secondly,!  might  demand  ofthem,by  what  old  domett iek  lavvfuilPrefdents, 
 His  Ma/.ftks  d^p-atuie  from  the  Pariia.rent,  His  Levying  Warre  againft  it,  His 
 
 D  a  proeiaimir-g 
 
2  4  Tl?e  VarU intents  power  to  iwpcfe  Taxes  in  Cafes  of  nectjsni?, 
 
 proerdTeofrhe  u^oncUncns  wftatis,  and  annuall  revenues ;    His  burning,  facking,  p  liar 
 
 a1;' iw!     (to,  murdering  ruining,  of  His  own  Kingdom,  Subjca*,  toth  by  Sea  and 
 mWpcccc   Land,  and  putrinq  them  out  of  His  regall  Proteftien  ;  His  raifing  of  an  Army 
 of  En°lifh,  IrifhT  Scotf'fli,  "French,  and  Germane  Papifts  to  maintain  and  iettle 
 the  Proteftant  Religion  among  us,  (which  they  have  platted  totally  to  extirpate, 
 36  appears  by  their  proceedings  in  Ircl  nd%  England,  and  the  late  plot  difcoytn  d 
 amon°  the  Archbifticps  Papers)  and  the  like,src  warranted  ?  (which  qutftions  I 
 doubtwould  put  them  toa  non-p/w^nd  filence  thtm  foreternitie:)  jet  tofatisfie 
 their  hriportunitit,  ard  flop  their  clamorous  ireuthes ;  I  fhall  fun.fh  them  ;'n 
 brief  with  fome  Prtfidtnts  in  point  in  all  States,  and  Kingdoms .of  rote  in  for- 
 mer/in  latter  timtts,  and  inour  cwn  Realm  tco;  I nalit bee lvUtwairtf be- 
 tween Kings  and  Subjects,  in  the  2?*  ww**  and  Gc,v«nc'En  pres^  France,  Spain, 
 jiraadn,  Caftilf,  Bungary,  Bohmif,  PoUnd,  Vetmarkj,  S?  tLnd,    ard  ether 
 Kingdoms  mentiontdin  the  Arpa.dix ;  They  fliallfo.de that  the  ger, rail  Aftir- 
 blitsofthefeSttteSjLords  &Corr.moiis,Tvithcut  thei  Emperors  ci  Kii  gs  aftrifc, 
 did  both  raife  Forcer,  taftoYi  tmc,  )'ea,aidfeifi  en  the  In  periall  ai  dlleyall 
 Revenues  of  the  Crown  to  fupport  their  war 6,  agaii  ft  ikeir  Tyrannicall  oyprei- 
 »'Sce  Mitr*     ling  Princes.    I&*  F  hinders  heretofore,  find  the  L  w-Ccxmri  scj ■  Utcycas,  they 
 vutwaGrim-    have  conftantly  done  th  I  ks  \   as  their  I  xcifs  Irgf;  c  inpef  d,*.?  djet  en  feet  by 
 floy j g. nerall      &#men  cenfent  (withcut  i ht  Kir g  of  Spain*  gecci  lilting)  to prcf  rvt  th ir  Libn- 
 Srifth  yL°fd!>C  ties,Religion,Eftat?s,frcm  the  Sfanifi  Tyrat.nj,  will  t(\l  ;  whichever)  one  Willingly 
 IMcttuiiun    .    ttthrveryfifft  rmpofiticn,  and  ever  fine*  hthrerdly  fiimittcdtc,  heh  g  jo;  the 
 pMikeprefcrtiatier.    The  like  hath  teen  cone  in  former  ages,  and  within t tele 
 ftve  veers  in  the  Retlnvcf  Srethnd\  the  lame  is  now  piactifed  even  with- 
 out a'Parliament  b)  the  Popifh  Rebels  both  in  Man*  ard  ErgLtd,  who  have 
 *  Sec  the fce    luid Taxes  upon  *  all  Irelmd,  and  :.ll the  Romanics  in  EngLnd,  for  the  main- 
 btionindp"-  tcnantcof  this  prcfent  Rebellion  ;  ard  yet  neither  King-,  ncr  his  Ceunfell,  nor  . 
 tee^ngsofthe  g^vyal'ifts,  ncr  Valignants  (for  ought  1  can  read  or  hear)  have  ever  lo  much  as 
 Irifh  A         ;  once  written  or  fpoktn  one  fyllatle  2gai1.fl  it, when  as  many  large  Declarations, 
 Proclamations,  IiiLiLirions  in  His  &ajeftkfiNatne,,  and  atkaft  fortie  ftverail 
 
 _  ..  •  1  1  1   n      ji        »  •    i  •  .  _ :..A.i  ■.    a,-i    n-  _      r  .  1   _ 
 
 tr  c  Kinps  ft  Su  jccls  as  it  ietirs  )  who  may  do  v»  hat  they  pi  a'e  without  cen- 
 furc  or  r\  (liaint ;  aid  the  Englifh  (now  un-Parliamuiteil  (Parliament,  though 
 perpauai^d  I  y  an  Ac!  of  Pai  liament)  who  may  do  nothing  for  their  ewn  ,  or 
 the  Kingdoms  fafctyjl  ut  it  inuft  be  high  Taafcn  at  the  leaft  O  tempora  ;  6  mores: 
 *  S<e  the  U\ih  JP'  w  *>  &*  f**&&  r  *  P  r  f  *  tafitorymk  *  Adde  to  this,  *  1  hat  the  Lords  J h flic's  and 
 c^iic.  Cn  fine  ell  in  Ir  lundy  th'  tw  vty  nim  of  'jnn  >  1643 .  h,ive  frit  bout  avthoriti?  of  Par- 
 
 H  mcrt  or  Kirery  for  their  prefent  neccff^lry'defince,  tgainft  the  Popifh  11  b  Is  thr'9 
 imp 0 f:d  an   Exc$ft  upon  moft  commodities  in  thai  Rcstm,  here  battly  Printed ; 
 
 which 
 
ana  101  •[ ,  fin  and  re/train  MaLtgnanis  Without  the  J^ing,  -  J 
 
 which  no  man  can  deem  Illegal  in  this  cafe  of  abfoluteneaflitie.  But  to 
 come  ilofe  home  unto  ourfdvtiR;  who  is  there  that  knows  ought  in  hiftorieand 
 po}icic,  but  niuft  needs  acknowledge)  That  the  Brittdins  and  Saxons  wants  of 
 
 this  Kfalli",   againft    their   or-yjfir.g  Ktngs  ,    *    A'  i  hi  l-llo,  rrr  rian,  Vo> : 
 
 :'■■'  \  Beomard,   Lcowulfc,  Edtotne,  (Whom th  y  depojed  for  p-7t 
 their  7yranny  an  i  mif-Gnvernment  j  )    Ti  at  our  Barons  long-lading  bio 
 WarrCS  agail  It  King  John,  Henry  the  third,   Edward  the  fee  cad.  Richard  the  feconef, 
 
 And  ft!  >■  ntioned;  were  maintained  by  publike  Afltflemtnti  andC 
 
 t.  iburiohs  made  by  common  content,  even  without  a  Parliament,  and  w  nh  the 
 Revtnues  and  Rents  of  the  verj  Crown,  which  they  feiic-don,  as  well  .s  tl 
 Caftlts  and  I  orts  ?  This  bt  iflg  a  ti  ue  rule  in  Law,  $a  ifctrtii  comnteJxm,  fei  \ 
 dk  t  &  f'  **  '>  All  the  1  •  i  dom  bad  the  benefit,  or  regaining,  prtftrving,  dta- 
 bliilvr.g  their  Fundament:  li  Charters,  Laws,  Liberties,  by  thole  wanes  ;  rJ  erfi- 
 fore  they  deemed  it  juft,  that  all  flic  uld  bear  a  (bare  in  the  charge  and  burthen, 
 ly  voluistajy  Aflcflements  without  King  or  Parliament, 
 
 During  the  aid  nee  of  King  Edward  the  third  in  France, ;  The  (a)  Lords  and  (a)  14  E  $  e. 
 Con,  mot;  s  in  Parliament ,    for  the  deft-rice  of  the  Realm  by  Sea  and  Land,  (gain  ft   2°  :i  h:ru-?' 
 fom.ign  Erumi-s ;  granted  an  aydc  of  the  ninth  Sheaf,  Lamb,  and  El.ece,  befides  *»!****• 
 many  thoufand Sacks  of  Wco'l ,  and  the  ninth  part  of  otlxr  m  ns  Eflatcsin  Towns 
 find  Corporations,  anddifpo,  cdboth  of  the  Alon  y  $nd  Militia  of  the  Realm,  for  its 
 defence,  as  you  heard  before:   The  like  did  they  during  the  Minorities  of  King 
 Henrj  the  third.  King  Richard  the ftcend,  and  King  Henry  thejixth,  as  the  pre- 
 m \i es evidence,  without  tho!e Kings  pcrfonall  alknts  (b)  A*mD*m*  1259    {b) Matthew 
 Richard  Kin*  of  Remans  coming  with  a  great  Navy  and  Army  of  Germans ,  tend  t^etn.p  9^z» 
 ferraigners,  to  ay d his  Brother  ^  King  Henry  the  third,  agaiv.st  the  Barons  ;  there-  ^j"*1""   ' 
 ffpen,  the  Barons  Cent  out  a  feet  to  encounter  t\)cm  by  Set)  and  prepared  a  ft  rot:  a    * 
 Army  of  Horfe  and  Foot  by  Land,  that  if  they  prevailed  agair.ft  them  ut  Sew, 
 (Which  thy  feared  not,)  yet  they  might  valiantly  andconftantly  entertain  and  repute 
 them,  on  tlx  fhore  and  dry  Land)  Which  the  Kin^oj  Romans  bnng  informed  off, 
 disband d  his  forces,  and  came  over  privately  with  three  Knights  oa  ly  attending 
 him.    This  was  done  without  the  Kings  aflent,  and  yet  at  puHike  eiiarge.   When 
 
 King  Richard  the  firfi  was  tak^n  pri finer  by  the  Emperour  in  his  return  from  the  (*J .  . 
 holy  Land,  by  Authority  of  the  Kings  Aitther,  and  the  Kings  Juft  ices  aloaj  (With-  <<&,  i« 
 out  a  Parliament)    it  Was  decreed,  that  the  fourth  part  of  all  that  yeers  Retas,  and  P)fii?-7:6-  l  * 
 of  all  the  moveables,  as  well  of  the  Clergy,  as  of  the  Laity,  and  all  the  rVoolbsof  the       '*     .  ' 
 Abbots  of  the  Ord  r  of  the  Cifterfians,  and  of  Semfhringham,  and  all  the  Cold  find 
 Silo >.r  Chalices,  and  Trcafnrc  of  all  Churches  fiou Id  bt  paid  in,  toward  the  freeing 
 andranfeme  of  th?  King;   winch  ways  done  accordingly.     If  fuch  a  taxe  might  be  , 
 
 in  pofcd  by  the  Qgeen  Mother^  and  Juftices  onely  ,  without  a  Parliament^  for 
 ranfomingthc  King  alone  from  imprifonment,  may  not  a  taxe  of  the  twen- 
 tieth p^irt  onely  of  mei  s  eftates  be  mach  more  juftly  impofed  o;^  the  Su.  j.(5rs  by 
 an  ddinance  of  both  Houfes  in  Parliament  without  the  King,  forthcdJlnce 
 and  pertrvation,  both  of  the  Parliament  and  Kingdom  to,  when  hoRiiy  in- 
 vaded by  theKina  ? 
 
 In  few  words,  the  Kng  and  Lis  Councell,  yea  his  yery  Commanders^ 
 
 D  1  (with- 
 
%6       71?e  Parliaments  pott>er  to impeje  Taxes  in  Cafes  of  nccefsuU, 
 
 (without  his  fpeciall  CommiiTion  or  advice)  have  in  many  Countries  im- 
 pofed  large  montthly,  weekly  Contributions  and  Afleflements  on  the  People, 
 beyond  their  abilities  andtftaxs;  yea,  upon  the  very  Speaker  and  Members  of 
 the  Commons,  and  Lords  Houfe,  (not  vvithftanding  their  Priviledgis  of  Parlia- 
 ment  which  they  fay  they  will  maintain)  to  the  utter  impoverishing  ,  and 
 ruining  of  the  Country  j  yea,  they  have  burned,  facked,  plundered,  many  whole 
 Towns,  Cities,  Counties,  and  fpoiled  thoufands  of  all  they  have ,  contrary  to 
 their  very  Promifts,  Articles,  Agreements,  which  they  never  faithfully  obkrve 
 toanv  in  theleaft  degree  ;  and  all  this  to  mine  the  Kingdom,  People  Purliime.  t, 
 and  Religion;  yetthey  juftifie  thefe  their  aclions,  and  the  Parliament,  People, 
 muft  not  controule,  nor  deem  thein  Tray  tors  to  their  Country  for  it :  And  may 
 pot  the  Parliament  then  more  juftly  impofe  a  moderate  in-deftrucTive  neceffory 
 taxe  without  the  Xing,  for  the  Kingdoms,  Religions,  and  Peoples  defence 
 and  prefervations,  againft  their  barbarous  Taxes,  Plunderings,  and  Devasta- 
 tions, then  the  King,  or  his  Commanders,  Souldiers  play  fuch  Rex,  and  ufe 
 foe  h  barbarous  orpreftions  without,  yea  againft  the  Parliaments  Votes  and 
 confents  ?  Let  them  therefore  firft  ceafe  their  own  rrfofi  detuftable  unnaturally 
 inhumane  pracTifcs ,  and  extortions  of  this  nature,  and  condemn  themfel  ves, 
 or  elfe  for  ever  clear  the  Patliament,  from  this  unjuft  Afpei  (ion. 
 Oljcft.  7.  The  laft  Objection  againft  the  Parliament  is,  That  they  have  Illegally  impri- 
 
 foned,reftrained,  plundered  fome  Mali°nants,and  removed  them  from  their  habi- 
 tations, againft  Mavna  Charta,   the  Fundamentall  Laws,  forenamed  ,  and  tht 
 Liberty  of 'the  SubjecT,  contrary  to  all  Prtfidents  in  former  Ages. 
 Anfw.i.  , To  which  Ianlwer,  Firft ,   That  the  Objectors  and  Kings  party  are  farre 
 
 more  guilty  of  this  crime,  then  the  Parliament,  or  their  Partifans,  and  therefore 
 kave  no  reaion  to  object  it ,  unlefle  themfelves  were  more  innocent  then 
 they  are. 
 
 Secondly,  For  the  Parliaments  imprifoning  of  men  pretended  to  be  againft 
 
 Magna  Chart  a. :    I  anfvver  firft,  That  the  Parliament  is  not  with  in  that  or  any 
 
 other  Law  againft  imprifonments,  as  I  have  formerly  cieered ;  Therefore  is  not 
 
 obliged  by  it,  nor  can  offend  againft  it :  Secondly,  That  it  hath  poVvcr  to  imprifov, 
 
 *  Sec  Cromptm  rrftrain  the  greatef  Members  ?f  their  own  Houfe s  * ,  though  privihdgcd  mcn,exm?pt 
 
 lurifdift'wnof    from  all  other  arrcfts  ;  and  publike  per  fans  reprefentingthofe  that  fent  them  thither  : 
 
 C0UrtH  ir7fr'9J  therefore  much  more  may  they  imprifon,  or  refrain,  any  other  private  per  fins, not- 
 
 p.i-<84.  Ferrers  withftanding  Magna  Chart a.  And  the  Parliament  being  the  fupreameft  Judicature 
 
 c«f.  Vyer.i7$  paramount  all  other  Courts,  their  commitments  can  not  be  Legally  qiuftioned, 
 
 39.  E.j.  7.       determined,  nor  their  prifoners  releafed  by  Habeas  Corpus,  in  or  by  any  othtr 
 
 Jf.H.4. 1  i,i j.  inferior  Court  or  Judicature  whatsoever. 3. The  Parliament  hath  power  to  make 
 
 new  Laws  for  the  temporall  and  perpetuall  imprifonment  of  men,   in  mifchk- 
 
 vous  cafts,  where  they  could  not  be  imprifoned  by  the  Common  Law ,  or  any 
 
 other  Acl  before  or  fince  Ma$na  Chart  a ;  and  fo  againft  the  feerning  letter  of  that 
 
 Law  wch  extends  not  to  the  Parliament;  and  what  perfons  they  may  reftrain,im.- 
 
 prifon  by  a  new  enacted  Law,  though  not  reft  rainable  before  by  Magna  Charts 
 
 or  the  Common  Law,  without  breach  of  either,  they  may  _  whiles  they  £t,  in 
 
 cafe  of  publike  danger,  rcftrain,  impriibn,  by  their  own  Authoring  without, 
 
 or 
 
and  to imprifan  and  rejirain  Malignant*  Without  the  JQing,  2 7 
 
 or  before  a  new  Law  enacted.  In  how  many  new  Cafes,  by  new  .Statutes  made 
 GjMxAfsgtM  Charras  the  Snb^cTs  may  I  e  lawfully  impriloj.vJ,  both  iy  I: 
 tiift  ices,  Majors,  Conftabk,  and  Infeii-ur  Courts  or  Officers;  who 
 could  not  hi  in  prifoned  by  them,  iytl.c  Common  La w§  before  thefe  Acbs, 
 Without  I  reach  of  Magna  Ch.-.rtn,  and  violating  the  Subjects  Liberties,  yon 
 read  in  the  Table  of  Raft'ls  Abridgments  oj  Statstte^  and  m  ApjesTabUs  i 
 Title  hmfrifii  mentj  and  FW  (-/mfrtfottment ;  Yea,  I  y  the  Statutes  of  23.  //.  8. 
 $*f\l,  31.  H.S.  cr.  13.  33.  H.8.  cnf.ii.  5.  Etti~stip.i+  1.  W2,  /,/.//.  A/**)r, 
 r,  r.3.  £.  **  <"'•  E.6,caf,l.  1.  8//*.  ray.  2.  with  other  Alts,  perpetual  imprison- 
 ment, during  life,  is  iniliclcd  in  fome  cafes,  for  which  noimj  rlie-nmint  atoll 
 could  be  prefcribed  before  theft  Acls,  and  for  ei  imts,  for  which  the  \  arties  were 
 rot  formerly  puniihable  ;  yet  for  the  pu  like  wtale.peace.  fafi  ty,  and  preven- 
 tion of  private  n  *fchiefs,eve*1  ffgakil  the  Letter  (as  it  wcr)  oi:  the  great  Charter 
 the  Parliament  hath  quite  taken  away  all  liberty,  the  benefit  of  the  Common 
 Law,  and  of //.  fv./  Charta  it  flf,  from  parties  convicWd  offuch  offences, 
 during  their  natural!  lives  ;  and  if  they  bring  an  Habeas  Coryw  in  fuch  cafes, 
 pretending  their  perpetuall  iirprifonment ,  and  thefe  latter  Lawstobeaqaii.il 
 M-'gna  Charta,  they  flv.tll  notwithstanding  be  remanded  and  remain prifoneis 
 all  their  dayes,  becaufethe  Parliament  is  above  ail  Laws,  Statutes,  yea  Magna 
 Chaita;  and  ma\  depriveany  Delinquents  of  the  benefit  of  them,  yea,  alter  or 
 
 men  are  parti&s,  really  present, and  allowing  all  they  do  ;   and  what  all  aflent  to,  x  x  h.  4.^7  $, 
 decree  for  the  common  good  and  fafi  tie,  mutt  be  iubmitted  to  by  all  particular  n6 
 perlors,  though-nevtrfomif.hievous  to  them  •  this  being  a  Iundamentall  Rule  Bnt^c  }'a,-ag. 
 evjn  in  Law  it  felf  (c),   7 kit  the  Ld&  r>\//  rather  fafftr  a  private  mifebief,  then  a  y     jr/^,  a^ 
 cwraH  'incomcrur.ee.     Seeing  then  the  Parliament  to  prevent  publike  uproars,  cm^IdStatet 
 feJiriotij  treachery,?*!  or  againft  the  Kingdom,  Cities, Houfes,  or  Counties,where  1  w.7.15  •  1* 
 f  iclu  us  petfbns  live.haththciight  meet  tor  (train  the  mod  feci  it  ious  Malignant  s,  h.z\  tf.7,8.^ 
 (efpecially  thefe  about  Lend**  snd  IV  ft  mi  after  where  tbuy  lit  )  and  to  commit 
 
 :p  to  fefetuftody  ,    t;ll  frffcy  receive  femegcod  affurance  of  their  peaceable 
 .  ur ;  they  irnsft  patently  flirK r  their  private  refbraints  for  the  common 
 
 •\  ,trancu:lir\y  ill  the  danger  be  paft,ot  themf  Jves  reformed  ;  who  if  they  re- 
 form hot  their  own  malignity  ,not  theParitairients  cautelous  fever  ity, them  f  elves 
 aft  be  Mamedp  fince  the}'  detain  themfdves  prifoners  only  by  not  conforming, 
 
 en  as  the  Parliament  dtfires  rather  to  releafeyfhen  rcftrain  them, if  they  would 
 b: regular;  anSlb'tlfty irmft  blame  tlcmfdves  alone,  not  clamour  againft  the (fileck.ij.dr 
 H<  u'es.  Ail  Leprous  perions  by  the  (  f )  LeviticaU and  (g)  Common  Z,.av,  toere  J4 
 fj  leftcjxcftred  andfitu  ftp  frem'othrs,  'baft  t\y  fboxliinftl them \  and  fa all ftr-  fe>*g    ['"' 
 fens  vifited  U'/>/;  the  V  L  gn  i  by  I  Ate  ( '-)  Statute  Lofts  may  be  (hut  t-p7  with  V  ^j  , 
 
 cf  Magna  Cbartr.    Wny  then  not  Malignant,  feditious  ill  affecTed  perfons,  who  }hj  { 2^.  ( $ ,. 
 iiiR'A  others  in  thefe  limes  of  Commotion  and  Civill  Warres,  as  well  as  Leapers 
 and  Plague  fick  perfons,  removed inti  PeH-boufts,  for  fear  of  fpreading  theltK- 
 feclion  upon  the  felf- lam  j  ground^  by  the  Holies  Authorits  ?  The  Parliament 
 
 by 
 
28        Tl>e  'Parliaments  po^er  to  imp$fe  Taxes  in  Cafes  of  necefsitie, 
 
 by  an  Ordinance,  AcT:,  or  Sentence  ,  hath  Power  to  banifc  men  out  of  the  King* 
 (/>;Sec  Mtg*a  dom  in  fome  cafes  (tihich  no  other  Court,  norths  (h)  King  himfelf  can  lawfully  do± 
 chlY  C29\       as  \^as  cxprefly  rcolvd  in  Parliament,  upon  the  making  of  the  Statute  of  35. 
 
 mtiSnT  Ellz'  '"P'1')  aS  is  evident  ^  the  CaL'  °f  ThomM  °f  WnU'^  An.  19.  £.  1  ;   Of 
 
 11?  a.  b  Cooh   (i)  Peirce  Gavafton  and  the  two  Spencers  in  Kinn  Edward  the  fee  end  his  rata  n.  Of 
 J  bid,  "  the  Lord  (k^)  Maltr  avers  in  Edward 'the  thii  d  his  raign  ;  Of  ( I)  Belknap  and  d!* 
 
 (i)  S-.e  Weifitg*  vers,  over  Judges  in  the  10  and  1 1  yj&s  of  Richard  2.  his  reigny  (?y  the  Statuses  of 
 7) a  «■!,$:  eel,  yi'El.r.i.S-paratifts^ndoflp.El.c.l.RogH?*  arc  to  bebani\t>ed  :  and  in  (m)  Calice 
 6,&^f  2.  heretofore^  a^oman  miaht  be  juslly  banifhedthe  Town  for  adultery  ;  and  a  fcould 
 fcW.jp.  up,  io  at  this  day  after  three  con  v/iclions  is  to  be  baoifeed  out  oUVtftminihr,  and  row-' 
 21,  ii.Ex.iunt  ed-.ovtr  the  Thame*  from  thence  thorough  the  water  at  the  tayl  of  a  Boat,  for 
 Hmi&;l  dif-  the.quietof  the  City.  Then  much  more  may  any  private  feditious  turbulent 
 ■i^  fa*k  Malignant*  °e  }\£ly  reftrained  to  fome  fafe  places  where  they  may  do  no  harme^ 
 Waifiw.bh,'  till  the  warres  and  troubles  be  ended,  or  themfelves  reclaimed.  Fifthly,  By  the 
 /Ing.p  $*6.  (in)  Common  and  Statute  Law  of  the  Realm  >  yraby  (n)  Magna  Chart ait  f( If, 
 TpeJ'g  Mwft.  cap,%o.  th  Lands,  Rents,  Goods,  andPerfins  of  Priors, and  other  aliens,  Merchants, 
 V  51-  HoLvg  or  others,  refiding  in  England  may  be,  and  have  been  ufually  fcizedor,  and  f  cured, 
 PV-  •  Pec -»  or  e.lfe  their  per  for.  s  ban  ifbcd  the  Realm9  and  barbers  of  England,  during  the  warres 
 1  ki 1 10  E  *??.  W?4*  ot^crs  °f  th.  t  Nation,  leaft  they  fhotild  ajfift  them  in  the  Carres  With  their 
 Co:fc  MfUl.f.  Eftates,  perfons,  or  intelligences,  or  betray  the  Kingdom,  or  places  rvhrre  they  rc- 
 ilib.  fidedto  th  Enemy  ;    And  upon  this  ground  by  the  expreffe  Statutes  of  2.  H.^ 
 
 (')  HS?^*fc    cap,\i.  20.   1,  #4.  cap.  j,  8.  g.  H.  %,cap,  3  .  4.  H.j.cap.  6,   I.  H.  6.  cap.  3.  the 
 T^i^'*fo      lrifh,Brittains,Wdfbmen,  and  Sects,  becaufeWc  had  frequent  Vvanrc*  with  them, 
 iiioaniviR.  were  not  permitted  to  pnrch^fe  cither  Houfcs  or  Lands,  or  to  remain  in  any  Kvxtt, 
 2.  1  H.4  i-b.      ToWtt,  or  City,  r.eer  th:  Borders  of  Scotland,  or  Wal  s,  but  banifbed  thence,  and  their' 
 2  H  4  7-  a  •  _      Goods  and  perfons  1  fcifed  on  in  times  of  \\>arre,  to  prevent  treachery,  intelligence,  and, 
 31  E.i.  cunn-  ajpftance  0f  the  Evwj.    A  thing  generally  practifed  and  warranted  in  all  States ! 
 Tw)Vezift  N     anc*  Kingdoms,  (as  well  as  in  England,)  by  the  very  Law  of  Nations,  as  juft  and 
 21  ub  .c'^f.'     "cceflfaiy  in  times  of  warres  ;  as  Martinus  Lwdmfii  de  Repr<zfaliis  &  d?  Bello, 
 jn-iit  /133.       Henric us Ranz,ov im  his  Comment arius  Bellies 9Geergins  Obbr(cl>':s:Difpnt:Jaridi- 
 (n)  Sec  Part.%  ca  de  Bello,  Henric w  Bocerut  de  Jure  Pregna,  Hh<to  Grotim,&  Alberieus  Gentilis, 
 ^j^lekReil*1  in  their  Books  de  fure  Belli,  and  all  Hiftorians  evidence  :  Therefore  law  full  for 
 J6  v  -7  7q  7\t  the  Parliament  to  praAife  at  this  prefent,    as  well  as  the  King,  or  any  others. 
 76   9l-9%  1      Sixchly,  In  times  or  Forraign  Invafions,  ths  Parliament  hath  enjoynedad  Inhabi- 
 11.  5  c  7  tants  ?:eer  the  Sia-coafls  or  Marches  of  Scotland  and  IVals,  to  repair  to  their  Houfcs 
 
 7  H  7f  &•  %-     and  Lands  therr,  with  all  their  Families,  for  the  d  fence  andfaftie  of  the  Realmy  an- 
 Mvc  1    (See    ^r  f^n  °f  imprifonment,  <zndconfif:atien  of  their  Goods,  and  Revenues  there  9  and 
 6,,Uc.c  1.)       eljhvheryas  is  evident  by  13.  F..3.  nu.21.  Pari.  I.  and  Parl.2.  tf.20.  23.  Et^.c.q. 
 *  35  Eli*,  c  i  the*  St-  tutts  (oxfning  Papifis  to  their  Hvufes^nd  fundry  other  Prtfidents.The' c- 
 J* lic--  f'3)4/>.  fore  by  like  reafon  th;jy  may  confine  Malignant*  in  times  of  warre,  for  the  pub- 
 like peace  and  fufetie,  and  difarme  them  to  for  a  time  ;  a*  Conftables  may  by  the 
 Law,  difarme  and  imprison  peace- breakers,  fray-makers,  riotor.%  and  others  to 
 prevent  bloodP.ied,  quarrels,  and  breferve  the  puolikc  peace. 
 
 Thirdly,  For  the plumicring  or  Maiignants,  and  iequ.-ftring  their  Eftates ;  I 
 s;ifr.  c  ;  ihui,  I  thin':-:  the  RasUarsent  nev<r  ye:  srprovei-  the  [jundering  {eft  in 
 
 pb;!n 
 
andtotmpri/on  and  reflrain  Malignant s  without  the  A,'W£.  :o 
 
 plain  Engltfi,  robbing)  of  any  man,  by  any  of  then  forces  \  tluy  having  ph 
 dcred  no  places  taken  by  allaulr,  for  Might  I  hear;  though  the  Kings  forces  on 
 the  contrary,  have  in  ifc  rally  plundered  all  the  Kingdom  almcft,  (except  the 
 Papifts  whoaremoft  exempted  from  this  rapine,  andfome  few,  chief  Malig- 
 nant*,) yea,   tho(c  very  Perfon?,  Souldier6,  Cities,  Town*,  which  by  their 
 very  Articles  of  fur  render ,    wcrt  not  to  be  plundered;   (  witneile,  T*tt*t9»% 
 Br%dgcwMtrt  Bristol,  G/iinsforw,  where  many  have  been  pillaged  to  their  naked 
 skins,  notwithstanding  their  Ariticks  of  agreement,   iolemncly  fworn,   to 
 depart  quietly  with  bag  and  baggage,  without  interruption,  and  the  Towns 
 to  be  free  from  plunder)    contrary  to  the  very  *  Law  of  warre,  and  Arms;  '^Iber.  cent. 
 wfhich  may  inftrucl  all  others  not  to  truft  them  henceforth.    If  any  of  the  Par-  dcla™  Bt?l> L 
 liaments  forces  have  misbehaved  themfelves  in  plundering   any  Malignantsor  GmutiTti 
 difaffe&ed  perfons,  more  then  by  feifing.of  their  Arms,  diftraining  their  Goods  Bcli.l]  c'x   , 
 for  impofod  Aficffements ;  or  fequeftring  their  Plate,  Moneyes,  Eftates,  for  the  *.°.u.&c 
 publike  fervice   upon  promife  of   repayment  and  reftitution  ;    I  know  the 
 Houfes  havepublikely,  bycxprefle  Ordinances,  inhibited,  difavowed  the  fa<fr„ 
 and  expofai  the  difcrderly  Delinquents  tocondignepunifhments,  even  to  th» 
 loffe  of  their  lives,  if  any  pleafe  to  profecute  them  by  way  of  inditement  or  Mar- 
 tiallLaw.  For  my  part  I  abhorre  all  violence,  plunder,  rapine,  and  diforders  in 
 Souldiers,  as  contrary  to  the  Law  of  God,  Obadiah  70.  to  16.  Luke  3,  14.  and 
 leave  thofe  who  areguiltie  of  them  to  the  feven ft  publike  juftice,  as  offenders 
 Againfl  the  (*)  Law  of  Ntture,  of  Nations,  of  the  Lmtd,  yea,  of  Warre  it  [elf :  (o)Sce  rt'-rt.iem 
 But  tfod  forbid  the  Parliament  fhould  be  unjuftly  charged  with  all  themif-  Gcmlii.dei^e 
 demeanours  of  their  Souldiers,  which  they  prohibit,  dctcftj,  cenfure  ;   morethen  Bettt>l-*»  c  ■*■ 
 the  King  with  all  the  barbarous  rapes,    murthers,   cruelties,    rapines,  and  2'* JjJliJ? 
 monftrous  infolencies,  which  his  Cavaliers  every  where  perpetrate  without  tuajcKre 
 puniihment  or  reftraint ;  efpecially  the  blood-thirfty  lrifh  Popifn  Rebels  among  Bd£frj«£jfi 
 them  :    who  having  fried  fo  much  Englifi  Proteftants  blood  in  Ireland,  <txtt0H- 
 they  came  over  hither,  of  which  they  vaunt,  is  fuch  an  high  dilhonour  to  God, 
 and  the  Eng/ifi  Nation,  if  their  own  blood  be  not  Hied  for  it  by  the  hand  of 
 vengeance  here ;  that  I  wonder  with  what  face  or  fpiri%   His  Maj;ftieor  any 
 Engliih  Proteftant  can  patiently  fuffer  thefe  Irijh  Rebels  to  fhed  any  more  Pro- 
 tectant Englifh  bloud,  or  breath  in  Englilli  ayre,  who  have  cut  the  throats  of  Co 
 many  thouf  md  innocent  Englifh,  both  here  and  elfewhere3ani  are  like  to  cut  all 
 our  throats  ere  long  (as  they  have  defigned)  unlefie  their  throats  be  firft:  cut  by  us. 
 But  yet  for  the  plundering  of  fuch  Malignants  goods,  and  houfes,  who  arcop- 
 pofeerothe  whole  Kingdom  and  Parliament,  and  will  not  joy n  with  them  in 
 the  common  caufe,  which  concerns  us  all  j  as  it  hath  fun  dry  (p)  patterns  in  the  (?)  S«  Vm.  r. 
 Barons  Warre* y    at.unfi  the  Poitlovines  And  their  /.iflion,    in  Hon J  the  third  hi*  ?  *2,  Pjrtl-?* 
 r*ign,*nd*ftct\\\irds  a*<iinfl  the  Spnfers,  in  Edftard  the  fecond  d.iys   formerly  p^J££/- 
 ttitched;  fo  it  hath  one  obferveable  general!  refolution  of  the  whole  body  of  the  p  7z  9V. 
 Lords  and  Commons  warranting  it  in  King  Johns  raign,  even  finer)  when  they  [  ]  -  ;/, 
 
3  0  The  Parliaments  power  to  impoje  Taxes  h  Cafes  of  necefsitie, 
 
 With  their  whole  Army  being  met  together  in  London,  Which  joynedwiib  them  to  rain 
 this  Charter  from  the  King  ;  pent  prom  thence  Letters  to  all  the  Earls,  Batons,1 
 and  Knights  throughout  England ,    Who  fecmed  [though  but  painedly  )  to  adhere 
 to  the  King,  exhorting  them  With  this  Comminution  ;  That  as  they  loved  the  indem- 
 nitie  op  their  Goods,  andpojfcjftons  ,  tb:y  fbould ]  defer t  a  perjured  Kincr  y  and  ad-' 
 hearing  faithpully  to  them,  fljoull  with  them  inviolably  ftand,  and  e'ffeelua'lty  contend 
 for  f-he  Liberties  and  Peace  op  the  Kingdom  ;    Which  if  they  contemned  to  do,  th  y 
 Wou(dWith  force  of  Arms^  find  Banners  delayed,    MARCH    AGAINST 
 THEM    AS    PUBLIKE    ENEMIES,    SUBVERT    THEIR 
 CASTLES,     BURN     THEIR     HOUSES    AND    EDIFI- 
 CES.    AND    NOT     CEASE     TO     DESTROY     THEIR 
 PONDS,    PARKES,    AND     ORCHARDS.     Wvrewm  a'lthr 
 Lords,  Knights,  and  People,  defer ting  the  King,  Who  had  fcarce peven  Knights  hi 
 all  .lept  with  him,  confederated  tbemfelves  to  the  Barons  in,  the  Common  Ca#fe. 
 (wherein  to  be  a  Neuter,  was  to  be  an  enemy,  and  no  member  of  the  poiiticke 
 body,  in  which  all  were  equally  engaged.)  Whereupon  the  King  thus  deferted  by 
 all,  condefcenfi.d  Jpcedily  to  their  demands,  and  confirmed  the. great  Charter  ntmh 
 againft  his  will.    A  very  apt  Prefidentior  thefe  times,  which  would  make  the. 
 people  more  unanimous,  faithfull,  and  couragious  for  the  Common  Caufed  if: 
 but  imitated  in  the  com mination  onely,  though  never  put  intoactuall  executi- 
 on; he  being  unworthy  once  to.  enjoy  any  priviledge  of  a  free-born  Sub jeeY 
 in  the  Kingdom,,  who  will  not  joyn  with  the  Parliament  and  Kingdom  ,.. 
 to  defend  his  Libertie,  and  the,  Kingdoms  priviledges,  in  which  he  hath  as  great . 
 a  common  fhare,  as  thofe  who  ftand,  pay,  and  fight  mod  for  them.    It  is  a:  good  - 
 (r)  Cv\  ii  Rf-"  Caxfc.(r)  op  disfranchifing  Any  man  out  op  any  fiitie,  Corporation^  or  Cpmpar,ji 
 'p*hf97*9*>99  and  to  deprive  h  m  of  the  Priviledges  epthew,  if  he  refufe  to  contribute  towards  the 
 Jamc$  Bagget     common [up  port,  defence^  or  maintenance  of  them,  or  joyn  in  open  hoftilttie,  tontribu- 
 *  tions  or  fuites  againft  them*   There  is  the  fame  and  greater  reafon  of  the  general! 
 
 .  Citieand  Corporation  of  the  whole  Realm,  to  which  we  are  all  molt  enga- 
 ged ;  and  therefore  thofe  who  refufe  to  contribute  towards  the  defence  and 
 prefervationof  it,  if  a,ble ;  or  by  their  perfons,  purfes,  intelligence,  or  counfell> 
 give  any  afliftance  to  the  common  enemy  againil  it,  deferve  to  be  disfranchifed 
 out  of  it,  to  have  no  priviledge  or  protection  by  it,  and  to  be  proceeded  againft 
 (} )  mub.u.  as  utter  enemies  to  it,  Chrifts  rule  being  here  mod  true,  ( f)  He  that  k  not  with 
 3°*  me,  u  againft  mtt    and  he  that  gat beret h  not  with  me  ,  feat t ere th  abroad.    The 
 
 (t)  ci  tv  dc  Of-  (0  Common-Wealth  of  Which  Wc  are  members,  hath  by  Waj  of  originall  contrail: 
 fieiity  1 1,2  a-  ffr  mutuall  affiftance  anddtfence  (lecondedby  the  late  Proteftation  and  Cove- 
 jv/fctf.  £<#/./•  i«  nant)  a  greater  inter* ft  in  our  Perfons,  and  Eflates,  then  v*e  our  felvcs,  or  the 
 King ;  and  if  we  refufe  to  ayd  the  repHblike,  of  which  we  are  members  in 
 times  of  common  danger,  with  our  Perfons,  Abilities,  Goods;  oraflift  the 
 common  enemy  with  either  of  them ;  we  thereby  betray  our  truft  and  fidelity 
 violate  cur  Covenants  to  the  Republike,  and  expofe  our  bodies  to  reftraint-, 
 our  eftates  to  conhTcation,  forthis  moft  unnaturail  treachery,  and  lord  id  nig- 
 guardlineffe  (as  well  as  for  Treafon,  Tellony,or  other  more  petty  injuries  againft 
 .    theStaie,  or  humane  focietie,  made  capitall  by  the  Law*)  moft  juftly, for  the 
 
 publike 
 
and  to  imprifon  and  reftrain  Malignant*  without  the  Kjn^%  3  1 
 
 publikefcrviceof  the  State,  which  hath  a  generall  Sovera&n  Intereft:  in  them 
 wail  tiroes  of  need;  paramount  our  private  Rights,  which  mud  alwayc*  Cub- 
 mit  to  the  publike  :    and  lofe  all  our  formerly  enjoyed  Privilcdges,  cither  of 
 Laws,  Liberties,  or  free-born  Subjects,  if  we  refute  to  defend,  or  endetvour  to 
 betray  them  ,  as  the  Laws  and  common  pracliie  of  all  Nations  evidence.  In  the 
 (a)  Rarons^Arrcs  again  ft  King  John,  Henry  the  third,  and  Edward  the  fecond,  in  («)S«ePtftf.i. 
 defence  of  their  Liberties,  and  Laws,  they  feifed  Upon  the  CajHcs ,  Etrts,  and  Rev-  1.16.1014. 
 nues  of  the  Crown,    and  11pm  the  Money es%  and  Goods  of  the  (r)  Priors  Aliens,  and  (x)?ib\in.tiri. 
 malisnant  Poittovines ,      which  'they  imploy  *4  in  the  Kingdoms  fervice  (  y  )  ;    Eo-  7.  p  78. 
 d'tn  tempore  Caflellanm  de  Dover*,  Richardus  de  Gray,  vir  fid-l/s  &  fin-nuns,  cjui  00  ''^t'.h.Pvu 
 ex  parte  Rttronttm  ibidem  conftituebatur,  omncs  tranfeuntrs  Cr  tninfturos,  dilifen-  MH< 
 t?i *  tonfidcrabat,   cunHaprui-nterperfcrutand^,   &  invenit     NON      MODI- 
 CUM   THESAURUM   paratum ,  ditlis  PiElavienfaus  clancuh  defereb- 
 dnm\    a*i>     TOTUS     CAPTUS     EST,     IN    CASTRO    RE- 
 SERUANDUS.     Similiter  Londini  apud  novum  Tcmplum     THESAU- 
 RUS    MAXIMUS,   ^  Citjm  ejuantitate  audientcs  mirabantur ,  Quern  re- 
 poiverunt  Pitlavienfes  memorari ,    licet  coyitradicentes  rcnitercnter  Hofhitelarii , 
 CAPTUS    cfr;     AD    ARfilTRIUM     REGIS     ET    BARO- 
 NUM     IN     UTILES    REGNI     USUS    UTILITER    EX- 
 PONENDUS,     writes    Rifianger  the  continuer  of  Matthew  Paris  ;    a 
 good  Prefident  for  the  prefent  time*:   After  which  the  (*,)  Rarons  banifbsd  (^Mvth.vnh 
 nil  the  Poiflovinc  Malignant  s ,  who  mi [coun  felled  ana*  adhered  to  the  Kino;,  out  of  t d-An^.  p.919. 
 Eng'tnd,  Anno  1160  \    \»ho  Ann*  1261.    Wr>v  all  baiifhed  out  of  Lotion,    and  Graftt^n.i^o, 
 othsrCities,  and  Forts.    *  An.  1 234.  The  Earl  Mar  [ball  having  routed  John  of  III^Ll  P2fii 
 Monmouth  his  forces  {which  ajfi fled  King  Henry  the  third  again  ft  the  Barons^)  in  hid.ArigUtfo. 
 Wales,   he  wafted  all  the [aid  Johns  Villages  and  Edifices,  and  all  things  [hat  were 
 his,  With  [word  and  fire,  andfo  of  a  rich  man,  mad?  him  poor  and  indigent.      In  the 
 very  Chriftmas  holy-day  es,    th°re  Wa*  a  grievous   V? ar re  kindled  againft  the  King 
 aiiha  tvtil  CoHhffllors,     For  Richard Stiard  conjoining  otlyer  Exiles  to  him,  cn- 
 tredthe  Lands  of  Richard  Earl  of  Cornwall,  the  Kings  brother y  lying  not  farre 
 fr*w*  Behull,  and  burned  them,  together  With  the  Hoafcs,  and  the  Corn',  the  Oxen 
 in  th*  Ox-fialls,    the  Horfes  in  the  Stables,   the.Sh:ep  in  the  Sheep-cots  :    they 
 likewifo  burned  Segrave  the  native  foyl  of  Stephen,  Jufticiar  of  England,  With 
 very  fumvtuous  Houfts,  Oxen,  and Come  ;  and  likewife  brought  a\\\iy  many  horfes 
 or  oreat  price,  n  turning  th'nce  ^ith  [foils,  and  other  things*     They  HkeVcifc  bum  d 
 doVvn  a  certain  village  of  the  Rifijop  of  Winchesters,  not  farre  from  thence,  andtoolt^ 
 away  the  fp oils,   With  other  things  th:re  found.     But  the  for ef aid  Warricrs  had  con- 
 fiitutedthis  Laudable  ccnerall  rule  amor.o\  them  fives,  that  they  would  donoharme 
 to  any  one,  nor  hurt  any  one     BUT'    THE     WICKED     COUNSEL- 
 L  E  R  S    O  F     THE     KING,     by  whom  they  were  baaifred ;  and  thofe  things 
 that  were  theirs,  they  burnt  with  fre^xtirpatiYig  th.-ir  floods, Orchards,  andfuch  like 
 by  the  very  Roots.    Th*  they  did  then  de  faflo;  *  de  Jure,   1  Hire  not  approve  it,  *  set  i.R.x  e. 
 though  in  Cafes  of  Attaint  .and  Felony,  the very  Common  Law  to  terr  if:  othrrr,  7.  x.  h.< 
 gives  fent enct aoainjl  perjufedjttrjies,  7V ay t or $ si\d\ dons,  in [ome  Cafes, that  pheit  *  H  5.C.8. 
 huifes  jhall  be  raced  to  the  ground,   their  Woods,  Paries, Orchards,  Ponds,  cut  dwn 
 
 E   2  and 
 
3  z.  The  Parliaments poUrer  to  impofe  Taxes  in  Cafes  of  uecefsitie, 
 
 A^Afl.i  6.  anddefiroycd  ;  thcl  *  Meadows,  and,  P aft tires,  flowed  up  and  defaced,  though  not 
 jf-7-  3°-<4/7-  fe  great  Enemies  to  the  State,  as  cvill  CounfeUors.  *  Anno  1 l6<\.  the  forty  eight  yeers 
 14  50.^4.  ^  Henry  the  third  his  raign;  The  King  keeping  his  Chriftmd*  With  the* Jjhteer, 
 AttmLiu-  Richard  King  of  Romans,  and  many  others  at  London,  Simon  aMoutfbrd 
 *  Matib.  Farts,  the  Captain  of  the  Borons  at  th  fame  time  ,  preyed  upon  the  Goods  of  thefi  Who 
 p-5?6i.  adhearcd  to  the  King,  and  efpeci  ally  thofe  of  the  Queens  retinue,  brought  by  h?r  into 
 
 England ,  whom  they  called  Aliens.     Among   others,  fome  of  the  Barons  forces 
 tool^  Pacr,   a  Burgundian,,    Bifbop   of  Hereford,  m  his  Cathedral!  Churchy 
 and  led  him  prifoncr  to  the  Caffle  of  Ordeley,  and  divided  his  treafnre  befface* 
 thtmf elves  ;  and  t&oh^  divers  others' of  the  Kings  partie  prifoncr s.     Who  thereupon 
 fearing  leafitefiouldbe  befieged  in  the  Tower  by  the  Barons  army,  by  the  mediation 
 ef  timorous  men ^  be  mtde peace  with  the  BtroJis  for  a  time ;  promifiag  inviolably  to 
 obferve  the  Provisions  of  Oxford,  that  aU  the  Kings  Capes  thorougbout  Eng!and3 
 (bmld  be  delivered  into  tbecujl<)dy  of  the  B irons ;    that  all  Aliens  within  a  certain  time 
 fihMild  void  the  Realm,  except  thofe  who  jhould  be  thought  faithfuR  thereunto  by  the  una- 
 nimous con  fent of  the  Kingdom  ,  and  that  faithful!  and  profitable  natives  of  the  Realm, 
 fhould  thenceforth  difpofe  of  the  affairs  of  the  Kingdoms  under  the  King.     But  THE 
 QU  E  EN  irrigated  with  Joe mimne  malice,  contradiUed  it  all  fie  could,  which 
 made  the  people  revile,  and  cafl  dirt  and  fbnes  at  her,  as  [be  was  going  to  VVindf«rcf 
 en  for  cviginr  to  retire  again  to  the  Tower.     How  William  htngfbamp  Bifhop  of  Ely, 
 Lord  Chanceilour  of  England,  Earl  John,  and  others,  when  they  difiurbed  the 
 peace  of  the  Re  aha,  and  turned  Malign  ants,  were  apprehended^  befieged^  imprifoned^ 
 excommunicated,  and  their  Goods  ^and  Cables, feijed  on  by  the  Lords  and  Commons ,  out 
 of  Parliament,  yea>  during  the  time  of  King  Pvichard  the  fir fi ,  his  ab fence  and  cap- 
 *.A^ml^'s      tivitie,  you  my  read  at  large  in  *  Roger  deHovedon,  *  HolinlhcJ,  Daniel >  and 
 ioltcrior  p.702.  others.    Why  then  the  lords  and  Commons  in  Parliament  rmyr)?r  now-much 
 703.705  7o6.  more  dothil ike^or  their  own3andthe  whole  Kingdoms  & fety3T can  yet  di/ccrn  no 
 *  Injlc  life  of  ftadbwof reaion.r  will  not  troubleyou  with  Hiltorie^fkewins  what  violent  un- 
 Ricbaid  the      lawiull  courfes3 Kings  and  People  have  fbmetimes  ufed  to  rai/e  moneyes  in  tines 
 Gift,  of  warre5  by  facriledge,  rapine,  and  all  manner  of  indirect  means ;  I  rather  with 
 
 thofe  P.  eiidems,  and  their  occafions,  buried  in  eternal!  filencej  then  reduced  into 
 pracVifc;  and  verily  pervade  my  felf5  that  every  ingrnuous  true  born  EngUfh- 
 mar,  who  bears  a  reall  naturall  aflecVion  to  his  Counrrey,  or  a  Christian  love  to 
 his  Brethren,  th:  Parliament,  and  Relig'on,  will  according  to  his  bounden  duery3 
 the  ProteflatioTh  and  Covenant  which  he  h  uh  ta-en,  rather  freely  contribute  his 
 who'e  elhte,  if  need  fo  require,  towards  th:  jaft  defence  of  hU  Countrey, 
 L'fbjttiej  Religion,  and  the  PaTum:^  agiinft  the  treacherous  Confpiracies  of 
 thePope:Je/uites5forraignCi:holikes,  I rifh  Rebels,  Eoglifh  Papifts,  and  Ma- 
 lignants,  who  have  plotted  their  fubvertion?,  then  repine  at,  or  neglect,  to  pay 
 any  mod  jrat-j  Taxes,  which  the  Parliament  fballimpofe,  or  iriforce  the  H  >u!es 
 ro  any  extraordinary  wayes  of  Levying  Mone^e^  for  want  of  ordinary  volun- 
 tary,' fupp^e?,  to  m lin tain  chefe  needfary  defend  ve  warres. 
 
 I  fhairdofe  up  a!!  in  a  few  words.    The  Parliament  haih  m^h  again ff  their- 
 •  jvftfr,  been  inforcedto  ibis  pre  fait  defnfvc  mjrr&i  wbkb  t '  -e-i&ave  a  fflf  M-f?>  andlw-- 
 
 a  J  f^ 
 
 5 
 
and  to  inpYtfon  and  re/irain  Malignant s  without  the  Kjn^.  3  3 
 
 fmllpowr  towi^t  and  m  m*gt  (  as  I  have  *  elfcwhere  cvi  'enccdj  by  the  Fundsmtntall  *  See  Part*. 
 Ltmsof  the  l{cilm)  yea} bj  the  Last?  of  God^of  N'tttre^  of  Nation*.  an<i  *• 
 
 This  warre  cannot  be  maintained  without  Moneys,  the  finews  of  it ;  where* 
 fore  when  voluntary  contributions  fail,  the  H oufes  m.iy  by  the  fame  Laws  which 
 erubled  them  to  raile  an  Army  without  the  King.  irnp^eneccfTary  Taxes  for  the 
 maintaining  of  it,  during  the  warres  continuance,  M  their  Legall  power  to 
 raifean  Army  for  the  Kingdoms  defence,  would  be  fruitleffe,  if  they  might  not 
 f^vy  Moneyes,  co  recru;e  and  maintain  th^ir  Army,  when  raited  :  which  Taxes 
 if  anyrefufetopay,  they  may  for  this  ontempt,  bejVUy  imprifbned,  asinofes 
 ol  other  Sadfiiie<;  an  i*  if  any  unnaturally  warre  againft  thoirCountrey,  or  by 
 way  of  intelligence,  ad  /if-,,  or  cor^rib  i'/ion,  affift  theomrmn  Enemy,  or  f.duce, 
 or  withdraw  others  (  by  faftious  (landerous  fpeeches  tgtinft  the  Power  and 
 Proceedings  of  the  Parliament,  )  from  aflilling  the  Parliament  in  this  kinde, 
 thtymayfor  fcich  mifttemeanourc  (upon  conviction)  be  juftly  cenfured,  con- 
 fined, fecured,  and  their  eftates  fequeftred,  rather  then  the  Republike,  Parlia- 
 ment, Religion  ,  or  whole  Kingdom  fhould  mifcarry  :    It  u  better  that  one 
 PjohU  pcrlpj,  then  all  the  Nation  ;     being  the  voyce  *  of  Gsdy  Nature,  wd  rrfol-nion   "John  1 1.  fqj 
 of  all  Laws,  Nations,  Repnblil^s,  whatsoever.  If  any  hereticall,  fcifmaticalJ,  or  51c  18.  14. 
 vkiousperfons,  which  may  poyfon  others  with  their pernicious  f*lrc  doBrincs, 
 •rvitiom  kicked  lives ,   appear  in  the  Churchy  th;y  may  actcr  admonition  ,if  th:y 
 repent  not,  yea,  and  de  fa&o,  are,  or  ought  to  be*  excommnYiitcd,  th°Ch»rch,  and  * 
 foci'tie  of  all  faith full  Chrifiians ,    fo  as  none  may,  or  ought  to  con  verfe  with   t  fim  1  10. 
 thena  till  their  repentance.    If  this  be  good  Law  and  Di vinitie  in  the  Church  ;  Fitibxbe  t3 
 the  banifhing  and  confining  of  peitilent  Malignants  in  times  of  warre,  and  dan-  Bwl:  mdjjb, 
 ger,  mult  by  thefelf-lame  reafon  be  good  Law  and  Di  vinitie  in  the  State.  r"le  E*c**  ^ 
 
 ,  •!  have  now  (by  Gods  a(Tiftance')notwithftanding  all  diftracTing  Interruptions,  m*AH 
 Avocations,  Remoraes  incountring  me  in  this  fervice ;  ran  through  all  Objecli-  ^nfclh  and  o- 
 ons  of  moment,  which  the  King,  or  any  oppofites  to  this  Parliament,  have  cher?,  Tit.E*- 
 hitherto  made  againfl  their  proceedings,  or  j'urifdiclions ;  and  given  fu:h  full  emmmuim. 
 anfwers  to  them,  as  fhall,  I  truft,  in  the  generall ,    abundantly  clear  the  Parlia- 
 ments Anthork'e,  !n*toccncyt  Interrkic,  againft  all  their  clamarous  malignant 
 Calumnies,    convince  their  Judgements,  fatisfie  their  confeiences,  and  put 
 them  to  ever  lifting  filence,    if  they  will  without  prejudice  or  partiaiitie  , 
 ierioufly  ponder  all  t he  premi fes,  and  enfuing  Appendix,  which  I  have  added 
 for  their  further  fatisfaftioii,  information,  conviction;  and  the  confirmation 
 of  allforecited  domeftickLaws,  P;efidents,  by  forraign  examples  and  autho- 
 rities of  all  forts.    And  if  any  fhill  yet  continue  obftiuate  and  unrefolved  after 
 m  many  convincing  Reafons,  Prefidents^  Authorities,  or  (till  retain  an  ill  opi- 
 nion of  the  Parliaments  proceedings;    I  fK ill  def ire  them  onely  ferioufly  to 
 conftder,  the  moft  execrable  confpiracy  of  the  Pope,  Jefirtes,  and  Ptpilla  party 
 in  all  -His.'Maj'ities  three  Realms- to  extirpate  the  Proteftant  Religion,  iiibvert 
 the  Government,  Parliament,  tfftd  poyfon  the  Kin^  himfelf,  (if  he  condefcend 
 not  to  their  d efi res, or  CFo.Te  them  in  their  purpofes,)  whom  they  have  purpofcly 
 j  'engaged  in  thefe  warres,  ftill  continued  by  them  for  this  very  end,  to  enforce 
 ffee  King  to  fide  with  them,  and  fo -gain  podeilion  of  his  per  fori,  toaccom- 
 
 E  3  jl 
 
34  Tfo  Parliaments  po^er  ttimpoje  Taxes  in  Cafes  of.neajsitie^ 
 
 pliflr  this  defigne  of  theirs,  (as  is  clcerly  evidenced  to  all  the  world,  by  Homes 
 Mafter-Pcecc ,    the  Englijk'  Pope ,   the  Declaration  of  the  Lords  and  Commons ; 
 sonccming  the  Rife  and  Progrejfe  of  th  Irifb  Rebellion ,)  and  then  advifedly  to 
 coniider'in  what  great   prefent  danger  the  Kingdom,    King,    Parliament., 
 and  Religion  are,  when  the  Popifh  Partie,   and  forces  now  in  Arms  Rave 
 gained  the  Kings,  Princes,  and  Duke  of -Jerk:*  peffons  into  their  cuftodi?, 
 the  Cities  of  Chfter,  and  of  late  BrifioU ,  the  Keycs  of  England,  with  other 
 Ports,  to  let  in  all  the  I rifa  Rebels  upon  us,  to  cut  our  throgts  in  England,  as 
 they  ha,ve  .cut  above  an  hundred  and  fortie  thoufand  of  our  Proteftant  brethren^ 
 threats  already  in  Ireland,  it  being  one  part  of  their  defigne,  now  prefently  to 
 be  executed,  as  appears  by  fundry  Examinations  in  the  Irifib  Rcmo.itrance ; 
 for  which  end,  foinethoufandsof  Iriih  Rebels   (who  have  all  embrued  their 
 hands  there  in  EnglilK  bioud,)  are  already  landed  here,  and  are  in  great  favour 
 and  command  about  the  King  ;    To  which  9  if  they  adde  the  omnipotent 
 over-ruling  power  of  the  Queen  (the  Head  of  that  partie)  with  the  King,  and 
 his  Councell ,  in  difpo-iing  ail  Orricers,  all  places  of  command  and  truft  under 
 him  :  The  Confedoracie  and  Contributions  of  forraign  Popilh  States,,  to  main- 
 tain this  warre  to  mine  the  Parliament,  Kingdom*  Religion,  and  re-tftablifli 
 Popery  in  its  univerfall  extent ;  with  the  large  progrelTe  the  Papifts  have  lately 
 made  in  Ireland,  Scotland,  and  England,  toaccompli(h  this  their  long-agitated 
 Confpiracie;  and  the  late  ftrange  proceedings  in  Inland,  where  thebeft  Pro- 
 tectants are  difplaced,  difgraced,  restrained  ;  the  Popifti  Rebels  advanced,  and  a 
 truce  negotiated,  if  not  fully  concluded  with  the  Rebels,  to  the  end  that  all  their 
 forces  may  be  fpeedily  tranfported  hither  toTuine  our" Religion,  and  cut  all  our 
 throats  (  enough  to  awake  the  moft  ftupid  Englifh  fpirits ,  and  rouze  them, 
 up  to  afpeedy  unanimous  refolution  to  unite  ail  their  purfes,  and  forces  to  the 
 Parliament,  againft  the  Popifti  Confpirators*  and  thefe  bloody  Butchers  now 
 ready  to  devoure  us :)  and  then  I  doubt  not ,  if  they  have  any  true  love  to  God, 
 Religion,  King,  Countrey ,  themfelves,  or  their  Poftcrities,  they  wil  foon 
 change  their  former  opinions  and  praclifes  againft  the  Parliaments  juft  pro- 
 ceedings, and  ;oyn  hearts,  hands,  forces,  yea,  their  in  term  oft  endeavours  with 
 them,  to  prevent  and  ward  offthat  imminent  dcMncf}i  en  which  now  hangs over 
 our  heads,  and  will  in  fhort  time  wholty  ruineus,  if  God  open  not  our  eyes3and 
 unite  not  all  our  hearts  and  mindesunto  the  Parliament,  witn  one  unanimous  re- 
 folution to  oppofe  thefe  cutfed  Confederates,  who  have  plotted,  occasioned  all 
 thefe  warres  and  miferies,under  which  our  Kingdomes  now  groan  and  languid* ; 
 which  long  plotted  Treacherie  in  humane  probabilitie  can^no  wayes  bepre- 
 ventedmor  a  fettled  peace,and  Reformation  eftablifhed,  but  with  the  totall  fup- 
 preflion  of  the  Popifh  partie  now  in  Arms,and  by  rel  r.ing  His  Nhfefticsperfcn, 
 Children,  forces  out  of  their  Trayteily  hands  and  power,  whofe  death  they  have 
 confpii\dlong  agoe,  if  he  refuie  to  grant  them  an "univeriall  open  toleration 
 of  their  Anticht  iftian  Religion,  in  all  His  Kingdoms,  a  id  then  to  feile  upon  the 
 Prince,  and  train  him  up  in  their  Religion ;  which  hoy/  eafie  it  is  for  therqto 
 efTecl,  now  they  have  the  King,  Prince,  Duke,  the  Kings ■  Forts,  hi'- Forces  in 
 their  power,  yea  .potent  Armies  of  their  own  in  the , field  heret  and  iucha 
 
 force 
 
and  to  imprifun  andrtflrain  Mali  giants  without  the  /^Mg.  j  5 
 
 force c-f  hi fh  Rebels  now  ready  to  be  ihipped  over  to  Cbefter,  Mdford,  and 
 '.  for  their  alliltancc,  and  enforcement,  to  over-power  the  Pro 
 
 party  in  the  Kings Annus,  nounderitanJing  man  can  without]  fur  and  trem- 
 bling, co:  fid  or. 
 
 O  then,  if  ever  we  will  fhew  our  felvesfaithfull,  valiant,  couragious,  mag- 
 nanimous,   bountifull,  really  cordiall ,  and  loyall  to  our  K'mg<9  Kingdams t 
 Cov/;trc)y  ?ArlU»ient%  Religion,  Z</ttv,  Lives ,  Liberties >  Kir.n- i ,    Familitt , 
 Pujlcriti.'s;     Let  all  who  profefie  thcmielves  Protectants  layulideall  cauiele. 
 jcuoufcs  and  prejudices  againft  the  Parliament,  or  any  others  ;  and  now  fpetdi- 
 ly  unite  all  their  Prayers,  Hearts,   Hands  t  Pnrfos,  Forces,  Cottn  fills,  and  utrnzft 
 tndemfours  toother,  to  defend,  fccure.them  all  againftthefe  forraignand  don; 
 ftice  jtfuiticall  Romifh  Confederates;  and  if  any  prove  traiterous,  firm  full, 
 cowardly,  unfaithfull,  bale,    or  faint-hearted  in  this  pub  like  Caufe,  as  t. 
 many,    (  who  defer  ve  to  be  made  fpec'tacles  of  treachery  and  cowarjife  to 
 pofLritie,  and  cannot  without  injultice  or  dishonour  to  the  Parliaments  I 
 Kingdom,!  e  differed  to  feape  fcot-frce,  without  fevere  exemplary  puniihment, ) 
 have  done,  to  their  eternal!  infamy,  and  betraying  of  their  Countrty  ;  the  pa- 
 tent gene  rations  fl\all  abhorre  them,  pcfteritie  curfe,  and  declaim  agair.ft  them, 
 asmeftunnaturallMonfters,  unworthy  to  breath  in  Englifh  ayre,  or  enjoy  the 
 name,  the  priviledges  of  Englifh  men,  or  Protectants.    Tnere  is  a  double  kind* 
 of  Treachery  in  Sv>uldicrs,  both  of  them  adjudged  Capita!].    The  full  proceeds 
 from  a  frdid  f:tfilli*imoM  fear,  uavforthy  the  ipirit  of  a  Souldier  :  and  this  is 
 Capital! :  both  by  :he  Civill  and  Common  Law.     By  the  *  Civill Law ;  Tte  SohL  •  d.  l.  m*s 
 .  dies  ni-ofirjl  begin  to  flyc.  or  lut  fain  them [elves  ftcl^,  for  fear  of  the  Enemy,  are  tobt  dtlidum  6- fit. 
 adjudged  to  death  for  thu  tleircowardize.  Yea  Lictnx  arid  Dam.tri  .^iwo  magoani-  f*f"  2C^Re; 
 m-  us  Women,  fl<w  t!  eir  timorous  fonnes,  who  fed  bajely  from  the  battle,  with  their  fffi^frj/*' 
 arvnbands,  difclaimingtbun  as  degenvrout  Rrats  3  and  not  their  fpnnes  ;  the  latter  of  4Umm,hWtrkm 
 th^ni  in(cribiijgrh:s  Fpitanhonh^rfonnesT-dmbe.         .      i  -      ~     -        'Bece.^Jjui. 
 
 Hunc  timid.an  Mater  D  tmetriam  ipfa  pertmit,  dtlello,c. 
 
 Kec  dignum  M*t,e,  ?;>:c  Liced^monium.  P-49>  5°. 
 
 Indeed  *  Cbarondas  and  the  TLwianr,  enafted,  That  cowards  wrobafelyfled  *  pj0jorU4si. 
 er  refafed  to  bear  Arms  {or  tbeir  Countries  defence,  foots  Id  fet  three  djyes  one  after  cuius  Eibl.  btft. 
 another  in  the  open  Market  place,  clad  in  Woman  s  afparcll  ;  ( a  putt: foment  far  re  '.n  f&?.ifri6 
 worfc  tbeu  death  it  felf,  writes  Diodorm  Sicultss  )  whereas  all  other  Lawyers  made  it  P  **•■ 
 CapitaU ;  yea,  our  *  Ccvtmcr.  Law  adjudged)  it  Treafon :  Witnelft  the  notable  Cafes  *  $rC  Here  fat, 
 ©f  G  mints  and  Wefim  ,  r,  R.2.  num.  38,  39,    who  were  adjudged  7  ray  tors  in  *•/>•*+• 
 Parliament,  for  ftrrtndcring  two  Cafile;  in  b  ranee,  onel)  out  of  fear,  when  they  :se re 
 ftrongly  hejiegedf  and  battereeL  fooner  then  t'ey.  needed,  without  any  compl.ency  with 
 the  enemy  :  The  Gate  of  *  John  f^aljh  Efqiire,  accufed  of  high  7rejf:nin  Par-  9  \'\  1-^.m. 
 i'ument  again ft  tbe  King  and  Kingdom*  for  yeildingup  the  Cijlle of  Cherburq  in  hi.  Angl.pag. 
 France,  totheenemyy  when  as  he  migbt  haze  defended  it.    And  ihcCafeof  *  Henry  in- 
 Earloi  £ffixM  in  tbefecond  yecr  of  Henry  tbefecond,  accu.ed  of  highTrcaf^n,     - 
 by  Rcbtrt  de  Monfort,  and  vaoquifhed  by  him  in  a  Duel/,  waged  thereupon  •  '' 
 for  throwing dtwn  the  Kings  Standard  (which  be  baiely  inheritance)  and 'flying*  in 
 fijfrtgjfiraigbt,  ar%ong  tbe  Mountains ,  when  fiercely  tnCQiptridl-y  tbcfFt'jb.   For 
 
26         The  (parliaments  firmer  to  impofe  Taxes  in  Cafes  $f  mcefsity} 
 
 p>hkb)  thugb  bis  life  rvas  pjrdened,  yet  be  was  adjudged  to  bifborm  a  Monh^  put 
 into  the  Abbey  af  Reading,  and  bad  bu  Lands  feifed  into  tbe  Kings  bands \   And  as 
 
 *  P.  /.$./«*,  ft  for  *  treacherous  revolting  to,  or  delivering  up  Caftles  to  tbe  Enemy,  it  U  Capitally  and 
 qui  adhollen  fog,  Treafonby  all  Lx&s^  and  fo  refohedin  Parliament,  }♦  K.  2.  in  the  Cafe  of 
 Hem?T  %"?'  *  Tbomat  Kttrimm  Efquire,  accused  of  bigb  Treafon  by  $ir  John  Ann  fley  Knigbt, 
 "J*    J1,      for  delivering  up  the  Cafle  of  Sainc  Saviour  i*  tbe  JJle  of  Conllantine,  to  tbe  French, 
 
 *  iValfMghm.  for  agrestptmme  of  Money 3  when  as  be  neitber  wanted  provifons>  nor  means  to  defend 
 bi(l.Jngi.$.  it.  As  for  thofe  unnaturall  Vipers,  and  Tray  torts,  who  (hall  henceforth  ( after 
 24^*46.  this  difcovery  )  joyn  with  the  Popifli  Gonfpirators,  to  raine  their  Religion, 
 Sec  KaflaU.  Countrey,  and  the  Parliament,  for  private  ends,  as  *  Count  Julia*  the  Spaniard 
 Solders.  joyned  with  the  Mores,  An.  Dom.ji$.  whom  he brought  into Spain,  his  native 
 Cook  6.  Rep*  Countrey  yfurionflj  par  fain*  hi*  own  private  injury  with  the  Kuine  of  the  publike,  I 
 f  17.  fhall  onely  beftow  his  Epitaph  upon  them ,   with  which  I  fhall  conclude  this 
 
 ejm  in  omni  ottt  antareftit^  &  nomen  ejm  in  mrnum  puwefcet 
 
 FINIS. 
 
 An 
 
AN   APPENDIX: 
 
 Manifcfting  by  fu  ndry  Hiftories  and  A  uthors,  that  in  the  ancient 
 
 Roman  Kingdome  and  Empire  $  in  the  Greek  atid  German  Empircs^derived 
 
 out  of  it;  in  the  old  Grecian,  Indian^  c^yf/4#  Realmes  •>  in  the  King- 
 
 demesof  France,  Spaine,  Italy,  Hungary, Bohemia,tI)enmar^c, Poland,  Sweden,  Scotland, 
 
 yea,  of J 'ttdabjfra el,  and  others  mentioned  in  the  Scripture;  the  Supreame  Save- 
 
 raignty  and  Power, rejided nottn  the Emperours  and  Kings  themfelves,  but 
 
 in  tbetr  Kingdomes,  Senates,  Parliaments,  People,  who  had  not 
 
 on'y  a  juncr  tureflra'frjjbfftceuf  nc  and  remove  :httr  Fmpef&Hrs. 
 
 and  Vrbicesj'or  thdrTjranny  andwifeovtrnmw. 
 
 With  an  J  n  fiver  to  the  Principal  Arguments  %to  froT>eKjngs  abo^e  their 
 
 whole  Kingdoms  and  Parliaments \  and  not  queftionaile  nor  accountable 
 
 to  them,  nor  cen fur  able  by  them  for  any  exorbitant  AUions. 
 
 Aving  finifhed  the  preceding  Treatife;  which  afTerts,  The  Supreame 
 Authority  and  Soveraigne  Tower  in  the  Realme  of  England,  legally  and 
 really  to  rejideinthe  whole  Kingdome,  and  Parliament >  which  reprefer.ts  it, 
 not  in  the  Kings  Tcrfon,  who  is  infer  tour  to  the  Parliament :  A  Doctrine, 
 quite  contrary  to  what  Court  Prelates  and  Chaplaines  have  for  fundry 
 yeercs  inculcated  into  our  Kings  and  People  (  who  preach  little  elfc 
 butTyrannyto  the  one,  and  Slavery  to  the  other,  to  fupport  their  owne  Lordly  Prelacy, 
 and  hinder  an  exacl  Church  Reformation)  and  directly  oppofite  to  the  rcfolutions  of 
 many  malignant  Courtiers,  Lawyers,and  Counfeilours  about  His  Majefty ;  who  have 
 either  out  of  ignorance  or  malice,creatcd  him  a  new  Utopian  abfolute  Royall  Preroga- 
 cive,unknownetoour  Anceftors,  not?  bottomed  on  the  Lawes  of  God  or  the  Realm;  for 
 maintenance  of  each  Tunttilio  whereof,  againft  theParliaments  pretended  Encroach- 
 ments, the  whole  Kingdome  mud  be  engaged  in  a  deftruclivc  civil!  Warre,  now  like  to 
 ruineit  :  I  could  not  but  conjecture,  how  in  all  probability  thefe  Clergy  men,  Cour- 
 iers and  Lawyers,  out  of  their  unskilfulnefle  in  true  Divinity,  Hiftory,  Law*  and  Po- 
 licy would  upon  the  firft  tydings  of  this  ftrange  Doctrine,  paflea  fcntenccof  Excom- 
 munication and  death  againft  ir,  as  guilty  not  onely  of  Herejie,  but  Htgh  Trcafon  \  and 
 fudge  it  fuch  a  monftrous  sAntimonarchicall Paradox  as  was  never  heard  of  in,  much 
 lefle  claimed  or  pradtifed  by  any  Kingdome,  Realm,    or  Monarchy  whatfocvcrrTo 
 inticipate  which  rafh  cenfures  ,  and  undeceive  both  Kings  and  Subjects  whom  theie 
 grofle  Parafites  have  over-long  feduced  in  this  point,  to  their  prejudices ,  convince  the 
 consciences  of  all  gainfaying  Malign  ants,  irradiate  this  long  obfeured  verity,  whofefea- 
 fonable  difcovery,  may  through  Gods  blefHng,  conduce  very  much  to  period  the  prcicnt 
 
 A  a  Diffe- 
 
The  So^craigue  power  of  Parliaments  and  Kingdoms. 
 
 Differences  between  King  and  Parliament,  touching  matters  of  Prerogatives  and  PrivL 
 ledges  claimed  by  either; I  conceived  it,nct  only  expedient  but  ncceffary,to  back  theforc- 
 cited  prefidentsofour  own  Kingdom  with  paralelledexamplcs  in  moft  forraign  Realmes 
 and  Monarchies  (in  which  ic  is  not  mannerly  to  be  overbufie  without  juft  caufe)  which 
 I  have  faithfully  ("though  fuddenly)  collected  outofthebeft  approved  Authors  and  Hi- 
 florians;  whereby  I  (hall  infallibly  prove,  that  in  thcRoman  State  and  Empire  at  the 
 firft,  in  the  GVr^Empire  fince,  in  the  C/*r*»4»  Empire  heretofore  and  now ;  in  the  an- 
 cient Kingdomes  of  Greece  ,€gypt,  India,  and  elfswhere;  in  the  Kingdomes  of  France, 
 Spaine,  Hungary,  Bohemia,  Denmarke, Sweden, Poland,  Scotland,  and  moft  other  King- 
 domes  in  the  world, (yea  in  the  Kingdomes  ofjudah  and  7/nz*/,and  o  hers  mentioned  in 
 Scripture)  theHighcft  Soveraigne  Authority,  (  both  to  elect,  continue,  limit,  correct, 
 
 depofe  their  Emperours  and  Kings,to  bound  their  royall  power  and  prerogatives,  to  en 
 actLawes,  create  new  Offices  and  formes  of  Government)  refided  alwayesin  thef 
 or  Princes  perfons,  I  fhallbegin  with  whole  Kingdomes,  Senates,  Dyets,  Parliaments, 
 
 *  see Camb.Br.  PeopIe,not  in  the  Emperors  ,Kings,the  Roman  State,  as  having  much  affinity  with  curs, 
 Matb.  ireftm,    *  which  was  long  under  their  command  heretofore, 
 
 Volychr.FabUn^  After  the  building  of  Rome  by  Romulus  and  Remus,  (ay  Romulus  being  elected  King, 
 KoUnjh.  speed,  ^v^e^  the  people  into  twoRankes;  thofe  of  the  higheft  and  richeft  quality,  he  Riled  Se- 
 VoT™  m~  mtors>  making  them  a  £W*  ofCounfellandJuttice,  much  like  our  Houfe  of  Peer es; 
 \a)Llvj,Kom.  the  other  he  termed  ThecPeople,bz\Y\^>i\\t  body  of  the  State,  and  rcprefentingourJTfl*/* 
 Hifi.Li'  Yl»t.  ofCommons.  In  this  diftinction,madc  by  the  Peoples  confent,  the  Soveraigne  Authority 
 R<mHl&NH-  t0  elect  Succeeding  Kings,  to  enact  binding  Lawes,  to  makewarre,  or  peace,  and  the 
 marumiP\iDt)0m  hke;  refted  not  in  the  Kings  perfon,  but  in  the  Senate  and  people  joy  ntly,  if  they  accor- 
 Rom.U.Mun-  ded ;  yet  principally  in  the  people,  in  cafe  either  of  a  (Tent  or  diffent  between  them;  their 
 prCofmog'J.i.  very  Kings  and  Lawes  having  their  greater!  power  and  efficacy  chiefly  from  the  peoples 
 c.63.p.  ifco.     election  and  aflcnt. 
 
 (6)  Plutarrti  To  begin  firft  with  their  Kings  Election  and  Authority,  {b)  when  Romulus  their  firfl 
 NumaVompil.  King  deceafed  ,  there  arofeagreat  controverfie  in  Roms  about  the  Election  of  a  new 
 mon/.HalJ.i.  King;  for  though  they  all  agreed  to  have  a  King,  yet  who  fhould  chufe  him,  and 
 
 *  "  '  outofwhatNgtionhcfliouldbe  elected,  was  then  controverted.  Inthe/w^r/wtoavoid 
 
 confufion,  the  Senators,  being  1 50*  divided  the  Regall  power  between  thcm,(bas  every. 
 
 one  in  his  turne  in  Royall  Robes  fhould  doe  Sacrifice  to  the  Gods,  and  execute  Juft  ice 
 
 fix  houresinthenighttime,aridrlx  houresin  the  day  ;  which  tended  toprcferve  an  e-, 
 
 qualityamongthe  Senators,  and  todiminifh  the  en  vie  of  the  people,  wheninthsfpaceofi 
 
 one  night  and  day ,  they  fhould  fee  one  and  the  fame  man  ,  both  a  King  and  a  private  perfon. 
 
 But  the  people  difl  iking  this  Interregnum  (as  tending  to  put  off  the  Election  of  a  King,. 
 
 GO  nw****-  that  the  Senators  might  keep  the  pr;ncipaility,and  divide  it  among  themfcivesj  (f)cried 
 
 <  f  d  *t  Fr  *r '  ouz>  x^at  t^°"r  bondage  was  multiply  ed  having  an  hundred  Lords  made  in  si  e  ad  of  one,  net-  j 
 
 cnfurti,  6o*.    the?  would  thejfufer  it  any  longer,  unlejfe  they  would  admit  a  King,  createdby  themfelves  : 
 
 ni(.njf.HaU4i<  Hereupon  the  Senate,  thinking  it  beft  to  offer  the  people  that,  which  they  were  like  to 
 
 ^.7.  lofe,  togainc  their  favo\ix,Summa  potentate  pepulo permiffa,  permitted  to  the  people  the 
 
 chiefc  power  of  Electing  a  King:  but  yet  that  they  might  not  giveaway  more  right, 
 
 then  they  dereined  :  they  decreed,  That  when  the  people  had  commanded  and  clewed  a 
 
 King,  it  .Jhonld  be  ratified  ,if the  Senators  Jhould  approve  it,  or  be  reputed  the  authors  of  it: 
 
 Then  the /^rfAraflemb  ling  the  people,  (pake  thus  unto  them:   O  Romans  REG  EM 
 
 EJJGITE,  chufe  ye  a  King  :  fo  the  Senators  thinks  f(t  and  if  be  be  one  worthy  tofucceed, 
 
 Romulus, 
 
J  be  StfUrt'gne  power  of  Parliaments  and  Kingdoms. 
 
 Romulus  }thej  will approve  him.  This  was  lb  grateful!  to  thepeople,  that  left  they 
 be  overcome  with  the  benefit,  the  y  commanded,  that  the  Senate  fhoulddecree  whtjhould 
 reigne  at  Rome.    At  \*[\s'\umA  Pomptliwwas  named  ;  and  none  of  the  people  or  Se- 
 nate daring  to  prefcrrcany  before  him  ;  all  of  them  joynth  decreed  ,    that  the  Ktngdome 
 fhouldbe  conferredupon  him.   Whence  Canubius  the  Tribune  of  the  people  in  his  Speech 
 againftthe  Confute,  long  aftcr,ufedthcfc  words  (d)Numa(P§mptlius  POP  UL I  J  1SSU  {d)iivtR$m. 
 P  atrcs  auttribus,Romt  Regnavit.  Regesexacli  JUSSU  POPULI  :  which  manifefts,che 
 chiefc  power  to  be  in   the  people.     Numa   departing,  (e)  Tultus  Hofttlius  by  the  r*f«  t 
 peoples  command,  conCent  and  approbation  was  made  King,  which  Z^jthusesprefTeth; 
 TnUttmHoflilium  REGEM  POPHLUS  JUSSIT,  patres  auBoresfaBi:  Afterhim,the^J; 
 people  created  Ancus  CMartius  King  (/)  Regem  POPULUS  CREAV1T  ;  patres  '■'] 
 fucre  auHores  \  After  him( g)ingenticonfen[u Popultu  Romantts  Tarcjuintum  REGN  AR E   1UD.0 vrf.H*L 
 JllSSIT  :  The  People  of  Rome  with  great  confent  commanded  Tarcju'm  to  reigne.  Bur  '  \*  9* 
 hedyirg;  ServiusJ\nv\ng  a  (ho  g Guard  todefend  him  (  h)  primus  inrujfupopuli,  votun-    {^#VJV«^ 
 tate  Patrum  Regnavit,wts  the  fi  fit  that  reigned  without  the  command  of  the  people,  by  [  '  g"£ 
 the  Senates  confent  •  yet  doubting  his  title  fcr  want  ofthc  peoples  votes,  and  young  (\  ibid9p9$in 
 7*rtf/*/«hisCompetitour,givingoutfpeechcs, '#)/*/>^^^  I  /.-». 
 
 without  the  peoples  command;  he  thereupon  (b  courted  the  Commons,  by  dividing  the  c\*>z- 
 Lands  he  had  taken  from  the  enemies  among  them,  that  at  laft  he  appalcd  to  the  people5, 
 Vetlent nolerintve  fe  regnare  ?  whether  they  would  or  would  not  have  him  reigne  ?  tarn, 
 toiue  confenJu,quanto  baud  qui fquam alms  anterex  eft declaratus.  But  Tarquin  the  Proud 
 affecting  the  Kingdomc  (lew  Serving  ;  and  (k^'H^nComttiis  habitis^onptrfujfragium  f 
 populi,non  auclortbus  Patribns  :  without  the  Election  of  the  people  or  Senate,  usurped  }j  *  7 
 
 theCrowne  j  neaue  enim  ad  jut  regni  quicqu am  prater  vim  habebat,  m  qui  neque  populi  c.r% 
 
 jufu,  neque  Patribus  anBortbusregnaret ,  writes  Livy :  Whereupon  repofing  no  hope /.^  c.j  tot'e 
 in  the  love  of  the  people,  he  endeavoured  to  defend  his  ufurped  Soveraignty  by  force  :  cud. 
 to  which  purpofe,  he  of  himfclfe  ,  without  the  Senate  or  Counfell,  tooke  upon  him 
 the  conufance  of  Capitall  offences  ;  and  by  colour  hereof,  not  onely  to  flay,  ba- 
 nilh  ,  and  plunder  thofe  whom  hee  fufpc<5ted  or  hated,  but  even  thofe  from  whom 
 hee  couldexpec't  nothing  but  prey.    Then  he  lcffencth  the  number  of  the  Senate  to 
 diminifh  their  efteeme  and  power,  and  at  laft  to  fubvert  it.  Hee  was  thefirft  of  Kings 
 who  diffolved  the  Cullome  ufed  by  all  his  Piedece  (fours,   Deomnibw  Senatum  con- 
 fulendi ,  of  confulting  with  the  Senate  a6out  all  affaires,  and  adminiftred  the  Com- 
 mon-wealth by  his domertickc Counfels ;  making  Warre,Peace,Truces,LeagMes  with 
 whom  he  would  ,  in  jujfu  populi  &  Senatus ,  without  the  peoples  and  Senates  command; 
 which  TyrannicallUfurpationscf  his,  with  his  ravifhing  of  Lucretia,  caufed  Brutus 
 and  the  incenfed  Romanes  to  rife  up  in  Armes  againft  him  ;   deprive  him  of  His 
 Crowne,  binifh  him,  his  Wife  and  Children,  utterly  to  abolifh  the  Kingly  Govern-  ..  ,    . 
 ment  by  a  Decree  ,  and  to  take  a  (  I  )  folemne  Oath  ,  (  left  afterward  they  might  ?#4  ^7. d. /;/./: 
 bee  overcome  by  Royall  intrcaties  or  Gifts  )  That  they  would  never  fufer  any  King  Hj/?  /,4,r,io, 
 to  Reigne  in  Rome  :    Which  aft  of  Brutus  and  the  People  is  highly  magnified  by  ..  f,  r. ,  • 
 Livie  and      m  )  Tully.    This  done  ,  the  (*)  people  created  two  annual!  '  onfuls  ,  who  (*) 
 had  the  Power,  lut  rot  the  name  and  continuance  of  Kings,  ^Annuum  impertum  con-  , 
 
 fulare  factum  eft  :    Brutus  the  fiift   Confull  was  flainc  ,    whilclt   hee   was  Con-^'4 
 fulJ,  and  Valerius  his  Companion  being  iufpefted  by  the  People  to  affect  the  King-  Uc% 
 
 dome,    becaufe  hee  demanded    no  new   Companion:    Valerius  heereupon  calte ';- 
 
 A  a  2  the 
 
The  SoTteraigKe  fower  of  Parliaments  and  Kjvgdoms. 
 
 (»)  Livy  ibid,  the  people  together  (<?)  layes  downe  his  Fafces  (the  badges  of  his  Soveraigmy  btfore  them) 
 fas i9's  i .Diwyf.  which  was  agratefullSfeElacletothepeople,confeJfionemquefaUam;  Topuli  cjutm  Confulis 
 ff4/./.f.c.-,?.  Majefiatemvimqucmajorem  effe  \  and  a  confciTion  made,  that  the  People  had  greater 
 (fjA^H'i"0'n-  Soveraigmy  and  Power 'then  the Conful ,who  yet  had  regall  Jurifdiclion.  And  then  there 
 i«  i  *f^*iy  were  Lawes  enabled,  of  appealing  from  the  Conful  or  Magiftrate  to  the  people,  and 
 \q)HiRort£y  that  hec  fhould  lofe  both  his  head  and  goods,  who  {hould  but  confult  to  ufurp  the 
 I.  *9f.ii99rtO)  Kingdome. 
 
 534,  In  briefe,  it  is  clearly  agreed  by  (p)  Dtonyfius  Halicarnaffeus,  (q)  Poltbius,  (r)  Livy, 
 
 (r)Htfl,l3ii&  ,  j  Alexander  ah  Alexandro,{t )Bodin,  (  and  (v)mofi  who  have  written  of  the  Roman 
 (5;  Gc'vurum  Republike)  that  the  Soveraigne  Authority  among  the  Romans,  during  their  Kings,  Cox- 
 /„y4  l,^c,fu!s}  Dittators,  and  other  Magi  fir  at  es,  was  originally  vetted,  not  in  the  Kings,  Senate, 
 j*3j/U39^«4o>   Confuls,  or  other  Magirtrates,but  in  the  whole  body  of  the  Senate,  and  People;  the  People 
 
 (xji.lv,  Hifi,  I,  or*annull  the  very  frame  of  their  publike  Government,  which  they  oft  times  did,  as  thefe 
 
 2?  P,$i3»  with  Authors  prove  at  large,to  whom  for  brevity  I  refcrre  the  Reader.  Yea, after  the  Roman 
 
 the  other  fore-  £aipir€  (the  greater*,  largcft  Sovcraignty  in  the  world)  was  ereftcd  ,  the  Supream 
 
 rlw  PrUlh°d'  m  P°wcr  ^  re^c^  in  tnc  Senate  anc*  People,  riot  in  the  Emperors  themft Ives,  which 
 
 wflclt^hit  (*•)  %*&»  grants  and  proves.  This  is  clearly  evident  by  thefe  enfuing  particulars :  Firft, 
 
 1 401, qua  pepe-    the  Senate  and  People  had  folc  right  and  lawfuil  power  both  to  eleft  and  confirme  their 
 
 riflis,  LiViHij},  Emperors  ^nd.  to  decree  them  new HonourstTitles, Triumphs  ;  which  power  of  election, 
 
 '/>P>^°>        though  fbme  Emperors  inafbrtuitirped,  by  adopting  their  Succejfors ,  and  the  Roman 
 
 iST^T  Souldiers  too,  by pr e fuming fome times  to  eleVt  Emperours  without  the  Senate;  yet  thefe 
 
 &  !i  cio  '  '  adoptions  and  elections  were  not  held  valid,  unleffe  the  Senate  approved  and  confirmed  themy 
 
 (4VSccMun%  who  ufuatly  elecled  all their  Emperors ,  as  of  right,    according  to  that  of  the  Panegyrist, 
 
 CafliustHirodi~  election  and  confirmation  ofTs[jrvA  Pertinax,  Severn,  Gordianm,  LMaximus  Pu* 
 *n,  Eutropm ,  pienus,  £W/'#i  Balbinsu,  Thi/ip,  Decisis,  Trebonianus,  Cjalienus,  Claudius  the  fecond, 
 zonaraSySabcl-  Tacitus,  Prob us,  fovinianus,  zAurelius,  and  others.  This  right  of  the  Senate  was  fo 
 "chroriwrum**  cJcare>  that  (£)  after  the  death  of  «//*rtf/**»ttr,  the  zArmy  fentwordto  the  Senate,  that 
 Opmeerns, Speed  (  as  r*afin  was  )  ^ey  fiould  chufe  and  name  an  Emperor  ^  and  that  they  would  obey  him. 
 and  others  in  -After fix  months  fp ace  (during  which  time  the  Empire  was  governed  by  the  Senate)  the 
 ch  eft  Empe-  Senate  made  choice  of  Tacitu* ,  who  earneftly  refufed  the  fame  at  firfi,  but  in  the  end  ac- 
 ror' ]  j'es>  an(*  cepted  thereof  to  she  great joy of "the  Senate and  Roman people.  After  whofedeceafe  (c)Pro~ 
 tfyGrLjmpe,  ^  being  chofen  Emperor  by  r£*  Legions  and  tArmy,  he  prefently  wrote  a  letter  to  the 
 H&inhis'Ufcj  $*****»  excufing  himfelfe  for  having  accepted  the  Empire  without  their  knowledge  ar.d 
 f ,  ?  / ,  Munfier  confirmation  ;  whereupon  the  Senate  confirmed  his  chttion  with  many  Lie/Tings,  rave 
 cifaJ.ucSihimthenameofcABguftni,  Father  of 'the  Cosmtrey ;  made  him  High  Pricft,  and  gave 
 %ZGrim  \me  ^'Whunfcll  Power  and  Authority. 
 g$»M4%    '  Secondly^ 
 
TbtSoteraigne  /Wer  ofParlintrfcuts  and  Kingdom*. 
 
 Secondly, This  is  manifefl  by  trie  con  fcfliom,  a«ul  Aftions  of  theory?  Roman 
 
 JNFERIORFiM   EX  LEG]  B  U  S  cfTe  R  E  P  E  R  I  R  E  T,  becanfe  he  found 
 
 by  the  Lawes  he  was  inferior  to  them.  Whence  (f   Dion,  (g )  Niciphorus,  and\'  h)  SpeM 
 record  of  him  jtharwArtr  he  tnvefled  any Trsur  or  Commander ,tn  giving  htm  the  fword, 
 he  openly  commanded  htm  before  ail,  to  ufe  the  fame  even  again]}  hts  owne  perfon,  if he  go    \  [,  j 
 vernednot  the  Empire  well, or  vitiated  Law  and  Equity  ;  COofeffiftg  there  by.  that  he  WIS 
 fubjed  notonlyto  the  Lawes,  but  tochc  fword  of  Juttice  1 00,111  tlicfc  Officers  hards 
 
 matters  ef Government,  governing  all  things  with  great  wtf dome  and  equity,  by  the  ad-  Snh  sJifc.t 
 Vice  and  confent  of  the  Senate,  to  the  great  contentment  of  ail  the  Roman  "People ;  Mis* 
 ar.d  going  into  Thracia  againll  the  Gothes,  he  left  the  Government  in  the  hands  of  the  !.*•« 
 Senate;  permitting  them  tochufe  a   cenfor  at  their  pleafa  e,  who  had  Supreme  lunf- 
 diclion  ever  all  men;  which  office  feme  former  Emperors  had  ufurped,  making  them- 
 klvcsCcnfors.  So (ty  fiaudiu*  the  fecend,  and  Tacitus  did  nothing  without  the  confer,  (It)    Grim/em 
 advice,  and  counfell,  of  the  Senate,  either  in  matters  of  Warre  or  Peace.    And  (I)  Poly-  > !  i cl  "-1'1  Hl^- 
 bim  v  rites  exprcfly,  That  the  Roman  Emperors  Counfels  and  purpofes  were  eff cations,  P*  V&1?* 
 or  invalid^  at  the  pleafttre  of  the  Senate,  which  had  power  to  remove  or  continue  them,  J'       I 
 to  encreafe  or  abridge  their  power  and  wealth  ;  to  decree  or  deny  them  triumphs,  towards  ' 
 which  they  contributed;  and  that  they  could  neither  maiee  warre,  nor  peace,  nor  truces, 
 without  the  peoples  confent.    Their  Emperors  in  truth,  being  but  tlieirchiefc  Generals  in 
 their  warrea,at  the  firft,in  right.  (w)  Grimjbn, 
 
 Thirdly,!  hey  had  power  to  create  one,  two,  or  more  Emperors  at  once,as  appeares  1b.dp.17i. 
 in  their  election  of '  (m)  (for di anus,  the  Father  and  Sonne  to  be  Joint-Emperors  at  tDtnijCM**- 
 oncc,  2nd  of  Maxim  ius  Pupienns,  and  C/odius  Balbinus,  and   Gordtanus,  to  be  Captrt  p    Cc 
 at  once.  And  thofe  who  could  thus  create  more  Emperors  then  one,  when  they  plea-  rlm\r?L§— 
 ica,  nodoubt  had  a  power  above  the  Emperors.  Suet 
 
 Fourthly,  They  had  a  Soveraigue  power,  judicially  to  convent,  cenfurc,  yea  to  tr$fiu3,Zourm 
 
 adjudging  him  to  haze  hts  head  faslned  to  aforke,  andfo  to  be  publtkely  whipped  to  death, 
 and  then  precipitated  from  a  rockj  upon  which  fentence  he  being  fcughtfor,and  forfalren  a  .    ,   ! 
 ofzUytoavoyd  the execution  of 'it,  murth  er  ed  him f elf e  with  a  poinyard.  So  when  (0    Di 
 wifM»  was  (lain,  the  Senate affemblingthe  fame  day,  can  fed  all  hts  Statues  to  be  throve 
 downe,  and  all  the  inferiptions  and  memorials  of  him  to  be  cancelled,  defaced;  and  elect  r.. 
 Nerva  i  mperour.  (p)  Didttts  Julianus  who  purchafed  the  Empire  by    bribing   the  0 
 Soldiers,  comming  to  Rome  with  an  Army,went  to  the  Senate-,  where  afleari 
 Senders  as  were  prefent,  by  their  decree  he  was  proclaimed  Emperour,  ai 
 
The  Solteraigne  power  of  Parliaments  and  Kjngdoms . 
 
 ing,  and  curling  him  ;  at  laft  ,  a  full  Senate  being  ajfembled,  by  the  common  eonfent  of  all 
 the  Senators, it  was  decreedjthatjuliannsfhtuld I  be  deprived  of  the  Empire,  as^a  man  nn~ 
 worthy  to  rule,  and  Severus  proclaimed  Smperour  ;  to  whom  two  ofthe  principall  Sena- 
 (<a)  Cm- on     tors  were  fentto  yeild  him  their  obedience, with  the  Enfignes  ofthe  Empire,  and  J#- 
 ib  p.  i  *o.        bantu  being  generally  abandoned,  they  commandedhim  to  befaine  in  his  pa/lace,  (q)  He* 
 JElii  Lampridii  Uogtbalu*  (that  rnonfter  of  wick  ednefle)  wasflaineby  theprcetorion  Souldicrs  by  the 
 UtU*phaUu ,  ^  $cnatcS  and  peoples  approbation,  who  commanded  he  fhouldno  more  be  called  esintoni- 
 lie,  a^ci  cither  %  ntu'>  *n&*kat  in  dete ft Ationofhim.no  ether  Emperour  fkonld  after    that  be  called  by  this 
 (r)  Grimft.  in"  name,  and  that  he  (hould  be  calledT'tberinpts,  according  to  the  manner  of  his  death ,  his  body 
 his  life  p.  1 703  being  tyed  to  great  ftones,  andfunke  in  Tiber,  that  it  might  never  be  found*  So  (r)  LMaxi- 
 toi74.<Mth     w/*»«/cheEmperouropprefring,and  Tyrannizing  over  the  people,  with  great  cruelty, 
 lul;  c*W*f*      wzs  depofedby  the  Senate,  and  he,  with  his  fonne   (though  already  made  Cefar,  and 
 Munflcr'  and  declared  Emperour)  adjudged  enemies  and  Rebels ;  and  Gordianus  With  his  Sonne  defied 
 others.  and  proclamed  Emperours  by  the  Souldiers  people,  and  Senate  of  Rome.  After  which  they, 
 
 ,        .    -         conn  dering  the  great  power  of  i_Maximinw  fofcoxrz  the  Q\ty>made great  preparations  t§ 
 p    a  4  refifi  himyandwrit  letters  to  aUtheir  Provinces  ,that(f jail  thofe  Governours  that  Maximi- 
 
 nus  had  there placed  fhould  be  d^fp  laced;  which  direction  was  generally  obeyed  .,and  the 
 Governours  moft  ofthem  (lain.  Thereupon  Maximinm  then  in  Hungary,  pofts  with 
 his  Army, and  Son  towards  Rome*,  and  young  Gordianus  being  (lain  &  his  Fatherftran- 
 gled  in  the  interim ;    the  Senate aflembled  in  the  Temple  of  Jupiter  y  chofc  Maximus 
 Pupienusand  Clodius  Balbinus  Emperours,  and  to  plcafc  the  people  which  contented  noc 
 to  their  election,  they  likewife  named  young  (jordianus  Cafar,  and  raifed  forces  to  refift 
 AfaximinHs,wholy\ngbefovej4qutlia,  his  Souldicrs  hearing  that  he,  with  his  Sonne 
 wereproclamed  Rebels  at  Rome ,  and  new  Emperours  ele Bed,  came  boldly  to  their  Pa- 
 vilions about  noone,  flew  them,  and  fent  their  heads  to  Rome.  By  thefe,  with  fun- 
 dry  presidents  of  like  nature,it  is  apparent,  thar  the  Soveraigne  power  and  Jurifdi&ion, 
 \t)  SttSMunfl.  even  after  the  Roman  empire  erected,  continued  frill  in  the  Senate  and  people,  to  whom 
 Cojm.  1.4. c.ij. tnc  Emperours  were rcfponfible,  by  whom  they  were  depofed,    yea  put  to  death  for 
 eUrm^ab^l'11  l^elv  rnifdemeanours  aud  offences  againft  theftate,  and  oppreffions  of  their  Subjects: 
 Grimfioa,  :nd  Which  power  they  retained  till  the  Emperours  removed  their  Courts  from  Rome  to 
 ethers.  Conflamnople,  by  which  mcanesthe  authority  ofthe  Senate,  and  dignity  ofthe  Con- 
 
 {v)  loan-uszo-  juls  was  almoft  wholly  loft  by  degrees, in  J uftine  the  feconds  reigne. 
 nams^A'nnaU  After  the  feat  of  the  Empire  was  tranflated  to  Conflat3tinot^>  the  Senate,  People, 
 Gr'mL  p*  *tV  SouIdiers,and  Patriarchs  of  Constantinople, claimed  a  right,and  power  toele&  their  Em- 
 £ttti$pitolhiil  pcrours,to  prdcribe  conditions,  and  Oaths  unto  them  before  they  were  crowned;  as 
 p  1 54,  bee  alio  a  power  in  fome  cafes  todepofe  them,  yea  execute  them,  as  you  may  read  at  large 
 Mw^irifif*.  in  their(*)livcs;  Of  which  I  fliall  recite  fome  inftances.ft/  jAr//^»jthee^^rf^dying, 
 h  C  9}-  ist.  Jovinian,  affenfu  omnium,  by  the  joy  nt  affent  of  all  the  Souldiers,  Captains,  and  people 
 )U^  '  was  elected  Emperor  ;  whoabfolutely  refufed  the  Empire,  faying  \thathe  beinga  Chri- 
 
 slianwouldnot  be  an  Emperor  over  Infidels;  But  s  11  men  were  fo  pleafed  with  his  election, 
 0f)2*wr*,i^  thattheycryedoutaloud  faying;  we areallChrifiians ;  Andforhis  fake,  thofe  which 
 and  tiiaQer  "  Vvcrc  n0C  ^°'re^°^ vct* t0  b;come  Chrift  ians,«^»  conditionthat  he  would  accept  the  Empire; 
 I.4.  c.  <  J'  which  he  thereupon  accepting,  with  incredible  joy  and  ghdneffe,theyfroreobedi.nce 
 (y)  Zonaras.  to  him9and  gave  him  the  Imperiall  Enfigncs.  He  being  cafually  fmoothered  to  death ; 
 T#4P«3,  f.  113.  (  x)  Valentinian\.\\eftrftv<*%  by  the  joy  nt  eonfent  of  tht  Captains  and  Souldiers,  chofen 
 Emperour:  after  which,  the  Empire  went  by  defcent  tili  the  death  o'iValentin'tanthe  fe- 
 condznd  then  (y)  LMartianns  by  means  of  £xdoxiA3  with  the  Senates  and  Tatriarchs 
 
 affent 
 
The  SoTwaignepolcer  ofParhiments  <vtd  [\ingdcmi. 
 
 *Jfent}  was  clc&cd  and  crowned  Emperour:  Afccr  whole  pcifoning  (z,)  Afper  fought  (\)^on^ 
 to  have  been  his  Succeffor;  butbeingan  tArrian,  the  orthodox  Chrifti  a  n$  of  £onflan-  r     a^- 
 tintple  would  by  no  means  clccl:  him;  whereupon,  Accept*  a  populo  potest  ate,  he  named  •      ' 
 Leo  Empcrour,  having  received  power  fo  to  doc  from  the  people.  Leo  adopting  one 
 of  A fpars  Sonne*  C W far ,  the  Sen Ate  and people  were  fo  much  difpleaied  at  it,  fearing  that 
 an  Arrianfcould  rcignc  overthem, that  they  wcnttumultuoufly  to  the  Kmperour,dc- 
 hnngWiw  to  remove  htm  from  that  dignity  ,vi  ho  foone  2  f:zr  ilew  both  him  and  his  father,  (a    7c 
 (a  )  Baft  It  feus  ufurping  the  Empire  againft  the  Senates  and  peoples  corf'nts,  whohatcd  »l 
 
 \cntentiAocnatui  Ky  ^erfonum,  was  ciectea  emperour  oy  inc  ccnaicsana  i.egionsac-  : c\  / 
 crec.  Hz<\y'\nz),(c)Juftsn$uiyDy  the  generall  confentboth  of  the  Senate,people,and  Souldters    . 
 was  elected  Empcrour,  though  but*  /nw£r*r^inhisyongcrdayes;  who  creating  Ju- 
 fjinianfov  his  SuccefTbr,  the  people  gave  their  confents  thereto ,  with  happy  acclamations .  (*/*,'m*?4  3 
 So  (d)  (fonflans  the  fecond  was  made  Emperour  by  the  Senate  of  Cor,fi^Ktir]0p^'  (ftDcfix 
 (e)  'PhilipicHs  ufurping  the    Smpire  againft  the  peoples  avid  Senates  liking,  they  role  umundu 
 op  againft  him,  depofed  him:  and  as  (f)  Beda  (g)  (JWarianus  (h)  OthoFnfirgtnfis  (&)   / 
 and  (i)  Abbas  Vfpergenfis  write;   The  people  of  Rome  decreed,  that  neither  his  tlc0- 
 name,  nor  Jecters,  noicoyne  fliould  be  received.  And  the  (k)  Senate  andp:cpleof^f^\c-c'\r 
 Constantinople   created   xAnthemius   Emperour  in  his  place,  giving   him  the   name  </  "f 
 of  zAnaftatius.     Thus  (IjCMichael  CurapaUta  was  created  Emperour  by  the  Senate  /Vw.:,  f,  i;7 
 in  the  life  ofStauratius  who  intended  to  leave  the  Empire  to  Theophanon  his  wife.  So  (I  i&niras, 
 (m)7 h fedora, a toto  Senatu,populo  &  facerdotibus,  was  elected  and  falurcd  Emprcfle.  sb.J,(. 
 (n)  jfititts   eAngetus    was  elected   Empcrour,   and  Andromcus  depofed ,     appre-         j^f    <*" 
 bended  and    put  to  death  by  the  people  of  (fonflantinople  for  his  tyranny   and  cp.  (K\^f(l[t 
 prefllon.    After  whofe  death  (0)  Baldwin  EarJc  of  Flanders,*  Frenchman,  was  clc-  cbrmiata, 
 #ed   Emperour   by  the    Souldicrs   and    people,    upon  condition ,   the    Venetians  AnnaltiL\*. 
 fliould  elc&  the  Patriarch:  in  whofe  blood  the  Empire  continued  (p)  four  dc [cents  C('f' 
 
 and  then  returned  to  the  Cjreekes.  And  as  tke  Senate  and  people  o(€*nftdtttwopU  bad  *^        il0/ 
 thus  the  right  of  electing  their  Emperours,  fo  hkewifc  (a)  they  and  the  Patiiarch  (pysMunum 
 of Conftantinople  prefcribed   a  tondtttonall  Coronation-  oath    to  divers  of  them,  which  cofm.\.),c 
 they  were  to  take  before  they  were  crowned ,  and  to  deliver  it  under  their  hands  (?)SccBifli©p 
 in  writing.    sAnattatius  Dtcori,  being  chofen  Emperour  after Zeno  his  death,  (r)  J-Jr"'  m,^c 
 Fuphemws  the  Patriarch  of  (fonftantinople  befoie  he  would  crownchim^exaitcd  of  him  pVj  ,  p  ..^ 
 a  confcfTion  of  his  faith  in  writing,  wherein  he  fhcuid  promifc,  that  he  would  innovate  to 
 nothing  in Eclejtafttcail DoBrines &c.  whereupon  he  delivered  a  writing  tothe  Patr>  {tyzmtttm 
 arch,  wherein  he  pxofcffcd, that  he  did  embrace  all  theTenents  of  the  Church,  and  that  AnK-: 
 he  would  keep  allthe  Decrees  of  the  (feuncellof  Chalcedony  which  done,  he  was  crowned,   "J* 
 and    then   pr  fently   tocke  away  the  grievous  tribute  called  Aurargenteum,  which  tjC\ 
 much  oppretfed  the  people.     Thus  when    f)  CMtchael  Rungs.bis  was  elected  Em-   /)  zon^r.s 
 pcrour,  and  came  to  be  crowned,  ^{tcephorus  the  Patriarch  firft  required  cf  him  lew.},  f.  1.2.. 
 a   writing,    wherein  he    fhould  promifc,    that  he  wou'd  violate  no    ordinances  of 
 the  Church,  nor  defile  his  hands    with  the  blcod  of  Qhrifttans  •   which  conditions 
 *  Bifhop  Bilfon  grants,  the  people  had  power  to  prefer ibe,  the  Empire  being  eletltie,  but  ■  fc  (q)bzkxc.  , 
 rM    the   rPatriATch  alone.    And   vrith  all  thefe  Patriarchs   fometimes  preli  med    to 
 excommunicate   and    keep  their   Emperours    cut  [cf  the    Church   far   mur-ther* 
 
 and  . 
 
TheSolperaigne  po^er  of  Parliaments  and  Kingdoms. 
 
 (t)ZMaraiAn.  andfuch  like  offences,  asappcares  by  (7)  ^olyenEbus  keeping  John  Ztmifcea  out  of  the 
 naliTw,?.       Church,  and  refilling  to  crovvne  him,  till  he  had  baniflicd  thcEmprcfTe  Theophanoznd 
 j-MiyiH.        tv,0fe  wj10  flew  Nicephorus  •  and  by  Photius  his  putting  by  the  Emperour  Bafilius  from 
 the  Sacrament,  when  he  came  to  receive  it,  for  homocidies  committed  by  him. 
 
 Fifchly,  The  Roman  Senate  and  people  had  power  to  divide  the  fc  mpire,  and  to 
 create  a  new  Empcourat  Rome  in  the  Weft,  diftinft  from  that  ofConftantinople  in  the 
 HtfGri*Ji*e  Eaft:  About  the  yearcofChrift  45  6  (v)Genfericus  King  of  the  Vandals  wafting  Italy 
 <zzluiiltcftn3  and  facking  Rome  whiles  Marcianus  the  Emperour  refided  at  Confiantinople,  the  Senators 
 KijM*&lX.  and  R°mAn  Gentlemen  returning  to  Rome  when  Cjenfericus  had  loft  it,  wanting  an  Em- 
 r.S  9.  perour  to  protect  them,  chofe  sAvitus  by  common  confent  for  Emperour  of  Rome, Italy, 
 
 and  Sicilie,  of  which  Marciav.us\v*%  very  glad,  and  approved  hisEle&ion  :  And  not 
 long  after,  whiles  Leo  the firfi  t7i\gncd  at  Confiant*noph>  the  Senate  fucceflively  elected 
 OUbrius  and  Cjliz,erius  Empercursof  Rome^Jtaly,  and  Sicilie ;  yea,  the  very  finall  divi- 
 (»  Detail,  fion  of  this  great  Empire  intothatofthc  Eaft  and  Weft,  and  th  c  creation  ofa  new  Re. 
 /Is^>°*  j  -  /  man  Emperour,  and  Empire  of  the  Weft,  with  the  transferring  of  the  Imperiall  Crown 
 r*j  Bp  EiTons  from  the  Cjrceke  to  the  German  line,  was  done  by  the  authority,  and  joynt  confent  of 
 tiuz  difference  thcpeople,  Senate, and Bijhop  of Rome,upon  this  occafion  :  as  (x)  Blondus  (y)  Sabetlicus 
 between  C!ri-  and  (z,)  others  relate.  tA'tftulfus  King  of  the  Lombards  invaded  and  fpoyled  tho/e  parts 
 ithnSuh;cfti-  0c  jta  u  belonging  to  the  Romans ;  who  being  unable  to  refift  or  pacifie  him;  theBifhop 
 on  and  '^n^n-  an(j  q^  0{ROMe  hereupon  fent  mefiengers  to  their  Emperour  Con  amine  to  Conftanti- 
 p  j0°  *°?  nople,  for  ay  d,  affuring  him,  that  unleffe  he  fent  them  ay  d  the  City  and  whole  Country 
 
 Nauclew  vol^  wo^ldbefubdued  by  tAifiulfus ;  But  whiles  Rome  and  Italy  were  ready  to  finke  under 
 Grrwat.o  zf^  thoferuines  Coriftant™e  na(^ no  manner  of  care  to  relieve  them  ;  and  themeffengersthat 
 An^lit*  Sige-  WercJenttohim,  fignified  by  letters,  that  there  mas  no  looking  for  help  from  Conflantine, 
 bm*Chim%  An%  ei[foerfor  t\jAt  foe  W0H[d  not,  or  cmld  not,  and  then  fore  they  muflfeeke  fome  other  way :  I  n 
 vjmde  Author  the  meane  time  ^iflulfus  fent  Heralds  to  menace  theBifhop  and  people  of  Rome,  that 
 Rem,  imperii  c,9  unleffe  they  would y  c  eld  th  em f elves  and  their  City,  he  wculdcome  and  take  them  by  force, and 
 Muvft.  cofycg,  kill  man,woman,  and  child.  Hereupon  they  being  cut  ofhopetopacifie  the  enemy,  or  to 
 fa.c/q,  receive  help  from  Conflantine  ;  thcPope,  together  with  the  people  of  Rome,  determined 
 
 to  fend  meffengers  to  defire  ayd  from  Pepin  father  to  Charles  the  great,  then   King  of 
 France ,  who  lent  them  fuccour,  fubdued  theirencmy,  and  quieted  Italy.  After  which, 
 Charles  likewise  ayding  and  fuccouring  both  the  Pope,  and  Romans  againft  their  ene- 
 mies,;? nd  comminginperfonto  Rome;  the  Romans  (who  in  heart  were  long  before falcn 
 from  the  Emperour  of  Constantinople,  becaufehe  began  to  negled  the  City  of  Rome,  and 
 to  leave  it  as  a  fpoylero  the  Barbarians  and  others)  taking  this  occafion  andopportuni- 
 i  i coiei%  cy^an(j  grieving  that  the  Empire  of  the  world,  which  with  their  blood  they  had  gotten, 
 ?G    •  and  eft  ablifhed  by  their  vermes,  fhould  be  governed  and  ruined  by  Irene  /alcwd  wo- 
 ^"7^n'<oo.Chl  mzn)ConftaMt;nes  mother  (whofwayed  all  at  her  pleailire)  did  thereupon  ele6t  and 
 iladsjjl  proclaime^W/^  for  their  Emperour,  and  commanded  Pope  Leo  to  crowne  him. 
 (e}Annal,ho:e^  (a)  Plathht,  \b)Blondns,  {c)Nanclcrus,(£)  Sabellicus,  (e)  Aveminus,  (fjSigebert,  (g) 
 ruhrj^.f.  ]  M.    Frifingenfis,  a  nd  (h)  z^Eneas  Sylvius,   all  record ;   that  this  was  done  (not  by  the  Popes 
 if)  A'inoiv.  authcri:y aJone,  (asibme  late  Romanifls pretend,  for  he  poore  man  had  no  fucb  power) 
 (hDc'^ifo  butby    THE   DECREE,  DETERMIN  ATlON,    ASSENT    AND 
 *;,7;^v  ^  REQUEST   OF    THE    SENATE    AND  PEOPLE  OF    ROME; 
 who,  tacito  SENATUS    CONSULTO    PLEBIS    CITQQUE    D  E- 
 CERNUNT  to  transferre  the  Empire  JURE   S  U  O,  By  their  cwne  right,  {row 
 
 the 
 
The  SoTteraigne  power  of  Parliaments  and  Kingdom 
 
 the  Greenes  to  the  German  s^'^\  flr§m    Confianttne  to    Charles  the  (f  eat  :  ever  l.n  c 
 which  tiracic hath  continued  thus  ci/idcd  in  the  blood of  Clarte/,  and  other  i  < 
 
 and  C'r/ftanPaviCcs.  Amoll  clcarcdrmonfhation.th.ir the  molt  abfblutc! 
 power  ai  ddifpotall  of  the  Empire  rcfided  not  in  the  E  roper  ours  them '.elves,  buc  in    (i)fcc< 
 thcSen*  c  and  people,  even  From  the  very  flrfi  Emperours,  tillthis  partition  of  the     >*.'■' 
 Empire  (more  then  800  ycarcs  ipacc,)  2nd  that  then  -  Emperoms  neglcclto  prot 
 toaydc  theen  again  ft  their  enemies  when  they  needed,  and  cravrd  help,  was  3  iuft    ^utei  p 
 ground  for  them  to  reje&  his  Sovereignty  ;  yea,  to  create  anew  Empire,  and  Empe-   *4prtifritf- 
 rour  of  another  race,  as  (0  Pope  Leo  with  all  the  Roman  Clergy,  Senate,  and  people    gumH 
 thcnreiolveci;  not  only  in  point  ofStarc  policy,  but  of  Conlcicncc  toot  *^?fcwhich    ^iU)\ 
 vtrj  (J&ground;  not  only  the  Spaniards  fell  off  from  the  Roman  Empire^eicct  ng  them    nffasLfo 
 Kings,  and  creating  Kingdoms  of  their  own:  but  likewifc  OUT  (I)  Hah*  o\  Brit-    Hj?.pfi5Jta 
 tain  (the  faired  plum?  of the  Rom  An  Diadem)  rejctJed  the  'Roman  yonl^e  and  Govern-    if  a, 
 ment  to  which  it  hail  been  fubject  almoft  500  yen  es ;  craving  ay daaainft  :he  Sc  -is 
 and  P$&sttbmt\icSdx$w4  ,  whotbercreupon  became  their  Soverargnc  Lords  at  laft,    («j)Tberac 
 and  dilpofeffed  them  c/chcKmgdomc:  Now,  that  thefc  revolts  and  changes  of  the    JJ^ctej 
 Empire  in  this  cafe  wcrelawfull  even  in  point  of  Confciencc,  we  have  the  rcfolution    an  fobieeti  m 
 of  TSifbopTlilfon   himfelfc,  (\ti  his  Booke dedicated  to  Jjhfeen  hit*,  beth. whe:ein    and  u-cuniAi 
 he  profefledly  defends  the  Sovcraignty  of  Kings  J  in  thefe  very  words  (m)  The  Ru-    ar*  rebdli  n 
 man  State  and  (fommon  wealth  had  as  goodnght  to  difpofe  the  Roman  Empire,  at  all    ?™z'  *  ?'  4l    * 
 •therChriftian  and  HedthenKinv  domes  and  Countries  had  to  fettle  the  [word  and fee}-    c'hognghr:* 
 tcr  thatKeigned  over  them.  And  fine -e  *lt(») other  N  ations  once  member  s  of  the  %oman    mutdipars  ? , 
 Smpire  wsrefttffered  to  plant  thofe  fever  all  formes  of regiment  which  the y  beft  lik:-d,    cenfti^^^^ 
 and  when  the  Riffht    Heires  failed  to  eleVt  their  own e   Gavemours,  I    SEE    N0     t4** 
 CAVSE  tvhy  the  Romans  might  not  provide  for  themfehes  at  well  M  other  Realmes    £'Le/\  c  '*  ' 
 had  done  before  them-,  efpectullj  if the  reports  of  jour  flories  be  true;  that  they  were    and   QrimJIm 
 netrleCied  by  the  Grecians,  when  they  were  befeiged  by  the  Lombards ;  and  the  fcep: ■  r    ImperiallHiffc 
 at  Conftanttnople  went  not  by  defcent tor  fucceffion^    but  by  violent  andwul^d  inviu    (p)Grim/l.lmp. 
 (ion  andnfurpation*    Sohc;  with  whom  (faffanaus  in  his  Catalogns   Gloria  mrt»     H(RMI$»*J5' 
 di  *  pars  5  conftd.  %0.p.  248.  accords,  zndlacobtu  Valdefitu,  de  Digmtatc  Re  gun    ^^g^lfm  : 
 Hifp.c,l%.*,  10,21.  3,P,4io,to^i4. 
 
 Sixthly,  After  this  divificn,anJ  tranflation  of  the  Empire  unto  Charles  the  Great,   (q)'tc  Grimjl* 
 thcRoman  Empire  for  a  time,by  pcrmiilion  and  connivence  or'thc  French, &  German   Abas  yfpergen- 
 Staies,  went  by  fucceffton  till   Charles  the  Griffey  after   him  wholly    byEicaion,   ^™gZ™- 
 (0)  the  powar  of  electing  the  Emperour  rcfiding  in  all  the  French  &  German  Prr.cts,    Jcarum  tcrip- 
 titl  atlaititwasbyconfenc,abou:theyeare  iooi.  tranflatcd  tothe^orrather^J  7.    torti,M  * 
 Princes  EleclorsiYct  during  all  this  time  the  SoverargnePowcr  and  IurifdicTion  of  the    cofmorr.l;,  Bp. 
 Empire  rcfided  only  in  the  German  Princes,  States  andDicrs  (oar  the  Empcrours    Jtwibyiiwif 
 themfelvc  )  who  had  powcr,not  only  freely  to  eledt  what  Empcrcu<-s  tney  plcafed,    tft™""**™' 
 but  alfotocenfure,  and  depoietheirEmperoursupcn  juft  grounds,  and  to  let  limit*    their  livtt,  and 
 t©  their  Imperiall  lurifdi&ions.  Not  totroublc  you  witli  the  Biftoriesof  (ej)  Ludo-    John  white  bis 
 victss  Pirn  ^Otho  the  great,  Henry  the  1,2,3,4,5,6,7.  Lothartu.^  Fredencke  Barba-    Defence  §f the 
 roffa,  Phillip  fit ho  the  fourth  £r  ffth  ^Fredericks  the  2,7.  Albert  the  \,Lxd<,vicHs  Ba-    »**'/>*3pi8* 
 va>-HssSigifmond)  and  other  Emperours,  who  were  much    affronted,  perlccutcd, 
 warred  againfi,  andfomeofthcra  unjuftly  depofed  and  murthcrcd  by  their  Subicch, 
 Sons,  aid  the  Princes  electors,  through  the  Popes  procurement;  1  {hall  pitch  only 
 
 B  b  upo» 
 
 ten. 
 
10 
 
 The  Solver aign  power of  Parliaments  and  Kingdoms. 
 
 mtldtCbren; 
 $Uu'mmtmif. 
 7jeancreffin 
 Le  JUte  it  Le 
 
 fs)  Mwnfk.Cef. 
 
 4  04  Crimfi.lm. 
 
 1  fa.  I  can  Crifp. 
 LefiattdeLt 
 
 (jt)Grimftimf. 
 
 41S.  Gr'mUcn, 
 
 (x)C*fm.t,hh 
 3*i9t§  418. 
 (y)imf>.Wfi. 
 /row  Cbarltitbi 
 {teat  to  the  end* 
 
 ype*ltb,l,ic.U 
 
 upon  inch  prcfiden:s  as  arc  pertinent  to  my  pu>pofe(rj  C%  rlcs  the  third  furnamcd 
 /  he  fat,  though  he  came  to  the  Empire  hs  dxkenz^yet  the  Princes  ,  Dxl^s,and  Go- 
 verncrs  of  the  Provinces  of  Germany  9and  France,  feeing  his  great  infuffictency,  and 
 unaptneffe  to  goveme  (hebcingqrowne  averjfoole  and  having  losl  his  underft an diner) 
 did  thereupon  deprive  him  of  his  Empire,  and  ether  Kmgdomes  ;  and  elected  and 
 crowned  Arnolph  Emperpur  in  h:s  Head:  He  being  thus  degraded  both  of  Realme, 
 Empire,  and  fecfaken  of  all  the  world,  not  having  fo  much  as  an  houfe  wherein  to 
 fhroud  himfelre,  retired  into  a  poore  village  of  Suabe,  where  he  lived  fome  tew  dayes 
 inexcreammifery,  and  penury,  and  foone  after  dyed  ;  notlamemcd  nor  pitied  of  any 
 man:  Which  depodtion  of  his,  I  have  formerly  proved  lawfully  though  his  fubfe- 
 qucnt  ill  ufage  was  no  doubt  difhoncurable.a  ad  unjiift.So  the  Empcrour  {s)Wcncef- 
 Ar/z/wasdepofcd  by  the  Princes  Elc&ors  ofthe  Empire,/<?r£/*  infufficiency  to  go. 
 verne,andthe  little  care  he  tooke  to  fitfpreffc  and  pacific  th?  civiU  wa-resand  -difjen- 
 t  ion  (in  the  Empire,  giving  himfelfe  over  to  vaine  pleijwes  and  de/iahts,  -which  made 
 his  government  dangerous ,  and  unprofitable  for  the  Empire,  and  Chrifli an  common 
 we altb^nd  Rupert  madcEmperourby  them  in  his  room,  After  this,about  the  end  of 
 (t)Kodulph the fecond  his  imperiall  raigne,theE'c£tor$  called  zDyetat  Nurenbcro, 
 from  whence  they  feat  ambafladors  to  the  Empcrour  10  acquaint  him  with  the 
 State  of  the  Empire;  who  told  him,  that  the  Eletlors required  above  atlthirgs  are- 
 formation  of ju  slice:  That  he  [houldmake  choice  of  more  faith  full  officers  and  Cottncel* 
 lors  then  formerly  he  had  done :  That  a  generality et  might  be  called  the  fprtng  fjl- 
 lowinv:  That  the  reafon  of  the  bad  government  of  the  commonvteale  was,  for  that  his 
 Majeftj  did  not  impart  theimpcrtant  affaires  of  the  Empire  unto  themes  his  ^Predecef- 
 fours  bad  dene  &c*  Whereupon  he  appointed  agenerall  Dyetto  redreflc  thefe  disor- 
 ders ;  but  dying  before  the  day ,  according  to  the  golden  Bull  made  in  the  ycare  1 3  $£ 
 the  Elector  Faiatine,znd  We  of  ^#00,  were  appointed  Vicars.f  Govemours  yand*s4d- 
 mint fir  ators  ofthe  Empire  untill there  wereaKingcA  F^omnnschvfento  be  Emperour, 
 After  which  they  Elected  Mathias,  who  as  Emperour  and  King  ofthe  Rom  \m($t)had 
 not  auy  (fity  orTowne  within  the  Empire,  the  whota  Territory  of  Germany  belong- 
 ing to  the  Elec\ors,Bifhopf,  Abbots,  Princes,  EarleSjNoblcmcn,  and  frecTownes* 
 What  power  the  Princes  Electors,  and  German  fbtes  had,  and  yet  lute  in  electing, 
 rejecting  ,  depofing,  retraining  their  Empercurs;  in  calling  Diets,  and  making 
 Lawes,  you  may  read  more  largely  in  (x)LMunfier32nd(y)'GrimfioK:  IJy  all  which, 
 and  other  particulars,  which  for  brevity  I  (lull  omit,  it  is  moft  evident,  that  theSu- 
 prearn  Soveraigne  Authority  ofthe  Roman  State,  both  under  their  ancient  Kings 
 and  Emperours,  and  ofthe  Greeke%  and  German  Empires  refidcduot  in  rhe Kings 
 and  Emperours  tbemfelves,  but  in  their  Senates,  Diets,  People,  Stites,who  pre- 
 fcsibed  them  conditionall  Oaths  at  their  Coronations,  and  to  whoenthey  wereftill 
 accountable  for  their  actons  andmifgovernmenr,  Thisf^J  Iohn  Boding  a  famous 
 learned  French  Lawyer,  of  great  experience  in  State  *ffatres,furpa/finga!lwho  writ 
 kef  ore  him  ofR(ptiblikes)  plainly  affirmes  in  thefe  words.  The  Roman  Emperours  rvere 
 atfirft  nothing  elfe  but  Princes  ofthe  Common  weale,  that  is  iofay,thecheife  andprin- 
 tipallmen:  the  S0VE%4igNTT  nez'ertheleffeftill  TESTING  IN  THE 
 PEOPLE  AND  SENATE,  the  Smperour  having  the  ^overaigne  authority 
 inly  in  fall,  not  in  right:  the  State  being  but  a  very  Principality,  wherein  THE 
 PEOPLE     HAD    THE  SOVE&AIGNTT.    So  the  German  Empire  at  this 
 
 day 
 
Tbt  Soteraign  power  of  Parliaments  and  l^ingdomes.  i  i 
 
 day  Uno:hingelfe,bntan  thrift*  ratic   I  Principality :  wberftn  tbeSmperouru  > 
 and  chief*,  the   POivER  and   maaefy  cf  the  Empire  BELONGING     VNTO 
 THE     STATES  TtiEREo?\  wbethrtft  out  of  the  government  •   .     /    m  the 
 Smperour^t-: the year:  1206.  andalft after  him  tVenceftaut imthe  feare  1AO0  •  4 
 
 that     BT  W AT OF    II'STICE,    AS  HAVINQ   IlRlsm  /  AVI)  r»  Mm  rife 
 
 POfVEi^     oySR     THEM,   (a)  And fo  property  ancient  Rom  ms  (aid  :    (b)\m-  U 
 
 pcriumin  KlagiHratibus,  Audtoriutem  in  Sciiacu,Potdlarrm  in  Plcbe,  MaicltJtcm  &c- 
 
 inPopulo;    Command  to  betnjhe  MagiflrateS)  Authority  in  the  Senatet  Power  in  the  y)   He*1 
 
 MamallReiplc,  andOMujefty  ttt  the  People  in  Gcwrall.    The  Sen.it  e  in  Rome  did  co-;.  Verd.yeo 
 
 fult,  the  people  command.  forLivj  oft  times  f nth  :  Scnatusdccrcvit,  popului  iuffif :  (*   O;  ihedif- 
 
 the  Senate  bath  decreed  t  and  the  People  cenemanded\  Which  b?  there  more  lamely  icrcncc     bc- 
 
 profecutes  ,as  yen  may  read  at  leyfirejo  all  wbich  (c)  RijhopBilJon  himfclf  doth  fully  iweonCl 
 
 •  flcnt>8ffirming,r/.'rfr  Germany  u  a  free  ftate^  that  the  Empcrour  hold *  the  Empire  by  J?        C         J 
 
 elt&ieUMedthat  bttr  on  condition  jvbich  he  takes  OM  oath  to  per  forme.  And  /fie  viol  rte  ,    *  [,,  \t  {  ' '  * 
 
 their  liberties yo>  h:s  oath,  they  may  not  onl)  lawfully  re fi ft  him  by  force  ofarmcsMut  re.  (d  •  Cafs'ogt* 
 
 pell  amddepefe  him  as  a  tyrant  ^and  Jet  another  in  his  place ,  by  the  right  and  free  dome  of  °  teria  H 
 
 their  (Jcuntrey\  Anc!  (4)  Cajfanaus  holder/;*:/  the  people  may  tal^e  *way  the  very  name  fm  '*  1 '  C9*fi*' 
 
 of  the  Emperour  at  this  day }  degrade  him }  and  ref/tme  his  royallpower.  This  (lien  be-  }*'^K  r^',-     ef 
 
 jug  an  unqucflionablc  verity,  difproves  that  palpable  common  iniftakeof  (*)  Dr.  ctnfi'mee /*§* 
 
 Feme  with  oihcr  ignorant  CcurtlDoltors and'R-fyalift syw\\o  Yio\\\6  make  the  world  ii^%Jm\mm 
 
 and  ^'nnc  hrlrevr    th  At  the  Raman  V mner our S  were  of  ore, iter  tower  An  A  MMtLmrit*  dkalion  Printed 
 
 tl. 
 
 for  the  Senate  er  people  forcibly  tarefift  Caligula,  Claudius,  u\jro,  and  other  their  (/)  caffanau* 
 
 wu  ki'deft,  and  mo  ft  tyrannic aM  Emperour  s  :  much  leffe  to  depofe  f  take  amies  againft,  or  Can  '#/,  C  Ur  a 
 
 call  them  to  afiriEl^juft  account  fir  their  Tyraany  t  Opprcjft.n,  orMifgovermmeiti  it  ****^>  t**<  *♦ 
 
 bcingdirccViy  contrary  zo  Pauls  DotiiiriQ  Rom.  i*.i,io6.L*t  every  joule  be  fubiel~l  COnfd,K'?!'1r*' 
 
 iii  »_•   1  c  \r  ji  /r  1  l    r  1    r         1     •  Q0°ui  Valdthui 
 
 to  the  higher  powers,  &c,  vs  hicn  raJic  groiinfllciic  principle,  is  tie  loic  foundation  up-  d.nirnHsteRe- 
 
 on  which  all  their  late  Scrmons,Books}  and  ray  ling  Difcourfcs  againft  this  Parlu.  tmKstmenmL 
 
 ments  proceedings  3nd  taking  up  or  defenfwc  artpes  are  built;  when  as  in  truth, thcv  e.  Hifpdnia fafjvn 
 
 nate  &  people  were  tbcJt^^pprir/jtowbotheRomanEmpcrtHifs  themfclvc«'werc  (&  *l%£-'*  5* 
 
 tobeobedientina1!  iulircque/is  &  commands,  under  painc  of  damnation  and  fubicd  lZh£'  wml. 
 
 tothcSeuatesrwordof  :urticcincalx:ofdirobeclience2c  mirgoverHment.as  all  the  pre-  on.  rbe   peti- 
 
 mifes  cvidcnce;yea  it  likewiie  manifetlly  evidenceth.that  whole  Scates  &  Parliaments  uon  of  Right  5, 
 
 are  the  higheft  power  and  above theirKings.whoare  fub;cct  to  the,fincc  thcRomanznd  C*r$H,  See  Am 
 
 CjreekScnzte*  and  people  hcretofore,cVthe  very  C/ermanSi2tcs~at  t)«  is  day  arc  the  high-  fl>e*r*M**  **- 
 
 eft  power  and  above  their  Emperours,  though  ever  reputed  off  greater  power  3  Sove-  ^am^ut'^aitr 
 
 raignty  and  dignity  than  any  Kings,  and  the  greatcft  J^ionarchsm  the  world  :and  that  cngiab'e    8'-" 
 
 thcrforeKtni;s,evenby/^#/jDo6trineyvc*w.i  5.01  ght  to  befubiect  toibt higher. power  Bmmfmi9P+ 
 
 and  Iurifdic^ion  of  their  Parliaments ,  the  Lav,  $  and  Statutes  of  their  Reaimes  «  and  to  ^ttenand  Tr*. 
 
 be  accountable  to  them,  if  not  lubie&  totheir  ccnlurcs,  as  fome  afhrme,  iuexorbi-  v"jedei0fi^ 
 
 tant  cafes  of  m  i  fgo  vera  men  t  which  concern  the  Kingdomcs  and  peoples  fafcty.     It"  Habeas  corpus 
 
 iTings  iniurioufly  takeaway  the  lands  >  goodsyorimprif»n  theptrfons  of  any  particular  nieren.BUnca. 
 
 Jnbjeclj,zhc{g)  Law  gives  every  one  a  particular  remedy  againft  them  by  way  of  Alii'  Araenn.    r«  m 
 
 on ,  or  Petition  of Right,     Ifthen  evciy  private  fubic&  may  have  redreffe^nuch  more  c§mm*tt.p.i$u 
 
 tbe  whole  Kingdomc,  (in  and  by  Parliarrents  only  not  in  iHferiour  Courts )  againft  1*'??°'*  724# 
 
 Bb  2  their 
 
1 2  The  Soteraign  power  of  Parliaments  and  Kingdoms. 
 
 their  Scvcraigns  which  ^oppiciTe  them ;  who  being  fubiccl  unto  the  LawesofGod 
 
 and  their  Rcalmes,  which  havi(h)  n0  refpell  of  performs ,  may  as  many  a  flume,  be 
 
 quefticned  andiudgedby  them  uuheir  .Parliaments  as  well  as  other  princes,  greac 
 
 (fe.Prov.14x3    officers  otScace  and  Mag  Urates  who  in  fcripture  are  called  (i)gods9ihc  higher  pow- 
 
 Rem.a.n.         crs  and  faid/c  be(kj  rd.-.sned^torule  (i)  judge  by  and  for  God,**  well,as  Jf/#0\f  and  Edr* 
 
 (iVfa.fr-  t,2..  perours.lt  is  branded  as  a  fpice  or  (*t)tAnsichrisiia*spridei\\  Popes  and  ihth  Tara- 
 
 10 a    a«.    #  "  Z^^'  to  ^cem   tncm^c^ves  f°  High    above  other  men  ,  that  they    are    accouma- 
 
 (4)X«w.*ia.i,*  bleto  noucbucGod  fonheir  wicked  aclioiu,  though  many  Popes  in  former  and 
 
 ;343..tj*/.3.i.     later  times, havebeen  (n)  queftionsdi  cenptredy  imprifoned  anddepofed  both  by  Em:e* 
 
 1  Tm.i.z,         rourSy  Kings,  and  Councels  for  their  intolerable  mifdemeanors .    And  is  it  not  the 
 
 (f)frovA.\U     vcry  fclfc  fame  Crime  ill  Kings  in  Empcrours,  and  their  flatterers,  to  hold  this  Po- 
 
 6*7*lf*       '  P1^1  crr0°i°us  opinion ,tli3t  they  arein  no  cafe  refponfibleto  their  whole  Kingdomes 
 
 \     V  r     -i    °r  Parliaments  for  their  proffeft  exorbitance*?    Our  (ojTopift  Prelates  and  flera-y 
 (m.  B.  levels  ...  r  &.  r  r  .         ^/r,.,/  Jrv  .        ur ,  «>/ 
 
 t/fiw  ofafefa  generally  heretofore,  and  lomeor  ourPro^eitant  (pyBifhops  and  Divines  of  late 
 
 trousEufUVr,     limes, fro m  St.  *s4mbrofe his  practjfe,havc  held, that  Kings  for  murthcrs,  rapes,  and 
 Crac^cntkorp  of  greac  ciying  offences  may  be  Lawfully  excommunicated  and cenfured  by  the fpirit'.t- 
 ihc  ropes  tern-     ^  £#-&  an4  fword,  at  fundry  Emperours  and  Kings  have  been  ;  then  why  not  likc- 
 poralltnonar^y   wjfc[>y  cjic  rcmprriiJ,\vhen  their  Parliaments  an  J  whole  Kingdoms  ice  ;«ifi  cauf?,thc 
 CattJnn*  cats.-  cafe  of  hundreds  ofEmperours  and  Kings  in  former  time  ,,as  the  Hiltories  of  all  Na- 
 togu&gtori*  mnn  cions  and  ages  prove  abundantly,  beyond  all  contradiction  ?  I  fhall  here  inftance  in 
 dipars  .co7if7.  fome  few  Kings  cenfures  fubjed  to  the  Roman  State  and  Empire,  with  whom  I  fhall 
 (/<;  Stt,  BaUus   conC!uc|e  this  difcourfc  touchiug  the  Roman  Monarchs  (cf)  Deioratus  King  oiGalatU 
 font!? Mouse's  under  the  Romans  Lirifdi&ion,  and  oneot :  their  allies,  was  accufed  ofTreafon3  and 
 Mlflmum,ai:d  condemned  to  lofc  both  his  head  and  eftate  t  for  certaine  offences  again  ft  C.C 'd far,  and 
 lereyp.art.i.      ihc^oman  &***)  **  appe? res  by  ThUhs  Oration  10  Cafar  in  his  behalfe,  to  procure 
 his  pardon ;  which  becaufe  it  was  the  fir  ft  present  or  this  k.nde,  made  his  advocate 
 '  „    -      a    fay  ;  tamen  ita  inufitatum  eft,  Re  gem  capitis  ream  e([r9  nt  ante  hoc  ternpm  non  fit  an* 
 Ueiw  ofafedi-  ditum  :  yet  long  before  that,  ZedechiahKing  of  Iudah,  retelling  agawft  the  King  of 
 turn  Bull.  Babylon,  was  brought  prifbner  to  the  King  of  Babylon  to  Rtblahy  where  hee  gave  judge- 
 
 Matt.  Pari*. and  meMt  upon  him  flew  both  hisfonnes  and  Princes  before  his  eyes,  and  then  put  out  his  own 
 S;eed,in  }{}ng  ^  boumibim  with  fetters  of  brajfe,  and  carried  him  pnfoner  to  Baby Ion ,  where hee 
 
 stlfonstrueTi-  *i£^-  2  Kmt>s  25«  Zt  to  8*  *er*  *2-  J'  to  l  2-An(^  ^crDetoratm  (r)  t/fntigouus  King 
 ferer.ee  &c/  or^  ihclewes,  being  taken  pnfoner  by  AritoK$wy  for  moving  icditonagainft  thcir>- 
 far$^,p,<\o9J6  man  State,  was.  beheaded  with  an  axe  at  Anttoch,  without  any  legafl  triall,  to  prevent 
 SU.saxogram-  farther  f edit  ions,  which  never  befell  any  King  before  that  tmtey  writes  Alexander  ab 
 mattumtiiQ.  irfUxandro\  And  (s)  tsf grip  pa,  not  long  af(er}  put  Bogus  K\i\°  of  ihcCMores  to 
 f^Tso'1'  ^  death/or  flding  with  Antonius*  Oflater  times,  I  read  that  (t)  Ludovicm  Pius  the 
 Fmperour  taking  Bernard  hisNephcw  (King  of  ltJy)  pnfoner,  forrebelling  and 
 (f  i  Bp.  Bridges  denying  hisfuperiority  over  him,  carried  him  into  France ,to deter mine  what Jhould be 
 bufjiprcmac)  of  done  with  him  according  to  luftice,  for  this  his  offence  \  where  (though  a  Kino)  hee 
 ChrtfiiM  ?rm-  ^^  condemned  to  death  and  executed,  as  fome,  or  at  leaft  caft  into  prifon,  and  bad  his 
 '{afotatio  tro  €JeS  Vut  0Hts  as  oincri;  Write :  So('t,)  0}arles  of  France  x&xn^Conradine  A'ing  of  Si* 
 Ve'urato  8.cge.   cih  prifoner , pnb likely  arraigned  and  condemned  him  ofhigh'Treafonyand  cm  of  his 
 
 j)iojepbt*s  Amiqu.  ImUtrnmJ^\UU%    Alexander  ab  Alexandro,  Gtn,  Dierutn  tjtf^Jlrt**    0)  Alexander 
 Alexandre  iVid.Strabo  GeogrJJfrjwi},    (t)  Gri'mfiomlmperiallb'iftory;pf^.  (v) Munfters  Gssp.i, ^(,76,1 
 -\6&tn\b\n,ofVT2nc6>p*  <•• 
 
 he* 
 
 ? 
 
The  Sotcraign  poster  ofParJUments  and  Kingdoms.  \  3 
 
 f*,wjs  by  I'hiitp  tnei-rencn  km^  in  ajutt  rarttamcnt  there  (uiirim*  hii  ablencc        *  ^rV'V' 
 vl^nd)  Arr .tidied, con.iomncd to  d: arh , and depofed from  h:s  (frown  by  tie  fate  tee  q*'  Yq^V 
 "PctresJorrn»rthcring  bid  Nephav,  Arthur,  (then  2  Subic^l  of  France)  with  hii  France! /',  iif. 
 Is  •   So(x)  lohn  8*iltolk\v«  of  Scotland,  renouncing  his  homage  for  that  (  x)  Speed, p.  ' 
 
 >eadt  Annoi?o8.  Yea,  our  ownc  (:)  King  lohn  being  a  l'-u  iatary  to  the  King  of  (v)Moti  .1  - 
 ranct9vwi  by  Philip  thcFrcnch  knit;  in  ijmll  Parliament  there  filming  his  ablencc  H  7'  ^Vt*h 
 in  Snot  And)  Otraijn 
 ifhie 
 
 nrn 
 [Crownc, to  king Edwar  / thefirft,  wasfor  this olTcncc compelled  to  re/ignt  his  Crown  *H>*M  H<8* 
 
 >ith  all  his  ri^ht  to  the  kingdome  ^/"Scotland,  toKtnr  Edward  the  firft  t  andfent  Pn-  ^ "//''"' /*''*#  r 
 
 mcr  to  the  Tower  of  London:  3nd  (y)  .  Marj  f^htecne  of  Scots,  within  many  men*  me-  Fah^GrJtt 
 mores,  after  long  debate  in  Parliament,  was  condemned  and  beheaded  at  Fothrma^  and  ethers. 
 iamCail/e,  Fcbr.%.  An,  \^%y.  for  Lying  clatmeto  the  Crownc  of  Engl ar.dy  and  other  (y)Sfeedin,6* 
 pArticulars  mentioned  in  our  HiftortAns.    And  thus  much  for  the  Roman  Grecian    "^•fJ'B^' 
 German  Fmperours.kinpsand  kinrdomes.  FXi^Hoiajh. 
 
 T/r    tt  l   -re  TL^Iai  •        *t0pct  Martin, 
 
 I  (hall  now  give  you  a  bnere  Survey  or  what  Grccke  Authors  write  concerning  Eucbuien. 
 Kings  and  Kingdoms ;  and  of  the  po  ver^thc  kinds  of  ancient  Kings  and  Kingdomcs , 
 In  Greece  and  other  rlacesr  That  great  Father  of  Learning  and  policie  %sfrifhtk  , 
 (Tutor  to  thegrcatcft  Emperour  a^//f.r*>.^-  the  Great)  whole  Authority  if  irre:ra- 
 gab'cin  ourSchooIes;  refolves  :(<.)  That  true  Kingdoms  were  erelled  at  fir  ft  And  con-  (7)^0Ut  I  t.  c 
 ferredon  the  worthiefl  men  by  the  free  voluntary  joynt  confent  of  the  people  y&ad founded,  10.  p.xof*  no. 
 confirmed by  the  cuftomes  and  Lanes  of  each  country ■,(  which  *  Po lib ms  alfo  afHrmes)  anii.  f.f«i°. 
 (a)  That  there  are  4.  fever  a  II forts  of  Kings,  fome  of  greater,  fome  oflejfer  Authority  £.,-,, 
 and  continuance  then  others  :fome  elective, feme fucceftlve,  fome during  tfe,fome  tAti,  ^ZJ  fc      '  *' 
 fatally  all  of thctnrcceiving  their  diftintt  jurifdiitions  y  Formes  y  Limitations ,  anddiffc-  tA)  FelitJ.^.  1. 
 rent  Roy alttcs,  from  the  peoples  primitive  orfubfequcnt  inftittttions  and  confent  s.   For  io%\i.and  /,f# 
 all men  beingecjuall by  the  Law  of  nature,can have  no  dominion  r.or  Superiority  oneo-  '•IS*1* 
 vcr  another,but  by  their  own  voluntary  confents*  That  the  (b )  Lawcs y{not the  Kings  (y\peiti 
 Prince  ft  or  Magistrates  bethej  or.e  or  more,  or  never  fo  good)  ought  to  be  thefolc  Lords  -,,  0  Tj  \\* 
 cr  Rulers  of  the  Common-wealth ,  and  that TV wees  and  Govcrnours  ought  to  gov  erne 
 by  the  Lawcs  :  who  cannot  commandwhat  the  Laves  doe  not  command*    Thst  thofe 
 :vho  command  that  the  Law  fhould  rule,  commandthat  God  and  the  Lawes  (hould  rule ; 
 but  he  that  commands  a  man  to  be  a  Prince t  he  commands  that  both  a  mAn  and  beast 
 fjouldbe  Princes  :  for  covetoufneffe  and  the  luft  of  the  mtndeis  a  certaine  beAJt}  which 
 perverts  both  tJMagiftrates  and  the  very  be(f  men-,  but  the  Law  is  a  con  ft  ant  And  cjunt 
 Mir.de  and  Re  afon  voyd  of  all  motions  of  lusts  and  de fires,   (c)  That  the  power  of  the  rc\j>0\'Ui 
 created  things tand  greateft  power  yought  (DE  1VRE)  of  right  to  be  in  all  the  people,  lot /Tiff, 
 becaufe  their  wifdomes,  refoluttons^  and  revenues  confidered  altogether yare greater  and 
 mire  considerable  then  tbafi  of  a  few  wife  or  honeft  men  placed  m  the  higheft  offces  of 
 Afagiftractejvhe  are  but  a  ftnali  particle  of  the  St  ate  in  re f pell  of  all  the  people.  (d)That 
 the  people  ought  to  be  of  more  power  then  the  King  or  great  cfl  Magi  fir  ate  s, to  prevent  their  (d/  FoCt  I.  j.r . 
 Tyranny  avdOpprcjfion  ;  and  that  aKina  ought  to  govemeby  hh  Lawes ,  and  not  to  *i,/>.»i- 
 ace  any  thing  again  ft  themy  according  to  his  luft  ;   wherefore  he  ought  to  have  fo  much 
 power  and  force  wherewith  he  may  protect  the  authority  of  the  Lawes:  yea  hemuft 
 necejfarily  have  force  J  and  power  3yetfo  mnch  cnely9  as  thereby  he  m*)  be  able  to  cur  be 
 every  particular  man%  or  many  alfo  :  yet  not  fe great  power  but  thtt,  a  populoau'em 
 
 tfoidtm  REX  ILLE  IPS£  COERCERI  POTEST yhe very  King  him 
 may  yet  BE  CVRBED  by  all  the  people:  fuch  Guards  verily  the  ^Ancients  gA.  ■ 
 their  Kings  when  they  would fet  <*ny  Tyrant  or  Cjovirnour  ever  the  City  ;  A  > 
 
 B  b  3  TXituyfim 
 
14  The  SoTPtrdtgn  poller  ofTarlUments  tndKjngdomes. 
 
 (e)Hi/M.*.p« 
 
 (h)  6 enial.Di* 
 tium%  /.4.C. 
 
 Ve  Moribus 
 
 Crntinm.  See 
 
 Dionyfius required  Guardsyacertaine Syracnfan  perfwaded  themto curbefsich  Guard* % 
 to  wr  \zV(c)P  olybius  alfofuflfragatej.  According  to  thefe  Rules  ofexfr //?<?//*,  I  rend  ia 
 (f)  Ttionyfius  Halicarnaffaus ,  and  (g)  Poly  bias,  that  in  the  Lacedemonian  Common* 
 wealth,  the  Kings  had  net  the  chief e  D  omimon,  fo  as  they  might  doe  what  fiheyplexfed^ 
 ted  fumrni  totius  Rcipub.adminiitratio  penes  Scnacum  erac :  bat  the  chiefe  govern- 
 ment cf  the  whole  Commonweale  was  in  the  Senate,  from  whence  the  Romanes  took* 
 their  pat terne.  (h)  Alexander  ab  /!  lexandro9B  oemus^and  Xenophon  write  fThat  the  Lam 
 cedemonians  jome  times  elected  a  King  out  of  the  Family  of  the  Hcraclidce,  or  0/Agis, 
 but  mere  often  two  joy  nt  Kings  ofeqnall  Authority  out  of  the  ftoct>J>fPtoclus  and  &. 
 miftheflcs,  who  yec  had  not  tbe  chiefe  Command  as  Kings,  Quia  juris  omnis  publici 
 XinophonHisl.  pot  eft  as  penes  Senatumerat,  becaufe  the  power  of  all publi^e  law  or  rule  was  intbeSe- 
 Gr«cJ.i.pie4  nate  (the  better  to  keep  their  Kings  from  attempting  and  ufurping  a  Tyranny;  they 
 ***  l  La£f  being  Kingsrather  in  name  then  Dominion,  and  like  the  Achxan  two  Annuall  Pra- 
 
 7l)PoU  ?9f°il.  tors>  wncncc  (0  Ariftotle  mikes  them,  the  loweftranke  of  Kings  >  (£J  John  Bodin 
 informes  us,  That  in  the  Lacedemonian  Anftocraciey  the  Soveraignty remained  m  the 
 St  ate  ^wherein  were  two  Kings  Without  any  Soveraignty  at  all ,  being  indeed  nothing 
 elfe  but  Captains  and  *  Generals  for  the  managing  of  their  Warres ;  and  for  that  caufe 
 were  by  the  other  Magistrates  of  the  State,  fometmes  for  their  faults  condemned  to 
 *Mmiqu£mut  PaJ their  fine,  as  was  t\gcnteu$,andfometimes  to  death  alfo,as  was  Agis  rfWPaufanias: 
 return  divina-  (/)  Agis  the  laft  of  the  Laccdemonean  kings  (as  Plutarch  records,)  being  apprehended 
 rumrefpetlufit  and  condemned  bytheEpbori,  without  an  IndiUmentj  and  then  hanged  in  a  halter. 
 Saterdosibma-  Finaliy(W)  Ariftotleh\\x\k\fan6(n)  Xenophon  'uziQxmcuwhattkeKty.gdom  of  the  La- 
 cedemonims flour 'ijhed  very  long ,  yea  longer  then  any  other forme  of  'Government ,  be* 
 cauje  their  Kings  power  was  but  jmally  and  their  Kings  never  defired greater  things 
 then  the  Lawes  would  beare,  by  which  they  had  received  their  Kingdome  in  the  begin- 
 ning :  for  in  the  beginning  that  Kingdome  was  divided  between  two  joy nt  Kings:  After 
 which  Theopompiis  left  it  more  moderated  to  his  fusee ftours^  and  conftitfited  the  Ma* 
 gifiracieofthe  Ephon  fwho  had  power  even  to  depafeand  execute  their  kings  if  they 
 
 {IftCommonw 
 IxCj.p.ixi. 
 
 *P.egi  mextY* 
 
 c'Unnikilreflat 
 
 narum 
 
 ferator,Xcno- 
 
 phonLaccdc. 
 
 Refp  W  • 
 (l)?lutar.Apo- 
 
 (mfrrolit.ki.c. 
 
 MS* 
 
 (n)DeAgeftLReg  offended,  androfe  not  up  out  of  their  feat  es  unto  them;)  to  retain  that  moderation ;  By 
 which  meanes  he  verily  wealed  the  power  of  the  Kingdome ,  but  yet  certainely  fetled 
 it  more  lifting  and  ft  able  Whence  [hzoyomyus  gave  thisanfwer  to  his  complaining  and 
 upbraiding  wife;  whether  he  was  not  ajhamed  to  leave  the  Kingdom;  lejfe  to  his  Chil- 
 dren then  hehad.received  tt from  his  Father? N  0  truly ,  faith  he,for  by  this  means  I  leave 
 it  mcreftable  and  lafting.fi  Speech  well  worthy  the  confederation  ofchevcrygreateft 
 hereditary  kings  Thefe  Lacedemonian  kings  (whofebonours,w\ittt(o)Xtnophoniwere 
 not  much  better  then  thofe  of  private  men ;  Etenim,  neque  Regibus  animos  addere  Ty- 
 ranmcos  voluity  L}  curgus, neque  civibtts  eorumpoteftatem  invifam  redder  s,to#ke  an 
 (c)  Oath  every  month,  to  gov  erne  the  Ktngdome  according  to  the  Lawes  enabled.  I 
 finde  that  the  (p)  fumtans  had  a  Magistrate  whom  they  called  Phylaclus9wbo/e  office 
 was, to  come  into  tbe  full  Senate,  and  hold  the  Kings  hands  who  ftood  in  judgement  be* 
 
 (o)Xtm.deltt- 
 
 p.t9o. 
 
 (/>)  Alexan.ab 
 
 Altxi$.c.i.f, 
 
 Rhodigyjtnt'q. 
 Le&.ljxjv. 
 
 (q)  Plutttreb.de  fore  them,  untill  by  tbe  Senators  decree ,  their  reward  or  panifbmcnt  was  appointed.  B  y 
 virtuttbusmnli.  whjcn  jt  {S  apparent,  that  the  Cumaan  Senate  was  above  their  kings^  and  did  ufually 
 14^,^y44'  arraigne  and  punirtuhero  iudieially,if  they  fa w  caufe  ,•  as  theyrofeup  inArmes  a- 
 (t)  Mex.  Mb  A-  gainft  (q)  Artftodomus  their  king,  (who  tyrannised  over  them)  by  Zenocrita  her  infti- 
 kx,hl.c$hf>  gation9i\ew  him,  and  fo  recovered  their  Liberties*  The  (r) ancient  Carthaginians  had 
 **7«  two  kings  %vi  horn  they  ftiled  Suffites^  who  were  but  annually  removed  every  ye  are  % 
 
 Yc 
 
Tbi  SoT)cratgn  poloer  *f  Parliaments  and  %in<>  domes,  j  r 
 
 i 
 
 Yea,  the  Iberi-ns  jnd<P.*r//'M»j  l\if  twajoyns  k**g* '«■  ancient  timet  .the  one  to  vtdge     /')  Vtr»i§6c- 
 theothtrtogovemetbe  people.    In  (/)  .IYrr.'r,w!'ere  rhcy  elected  their !  *l  t**T*p4*9* 
 
 'eauty,ftrengtb  or  wealth  t    their  Pncftshad  the  chief e  power)  who  h  '  [  v»  A*  Alex' 
 
 rityy  that  fomrtimes  (V/(v  the  Pope  a>:d  hi4  T^Umtiots)  they  would  fend  a  Afcjf  n<rtr  and    rJf  l^iji  ^'m 
 commandthc  kiig  to  be  put  to  death,  and  malee  swot  her  $n  his  freed,  which  cuftjme  ir.s/    bifi.Li.t  f.». 
 sifter  aboltftjedbyoneofthekings,who  violently  affaulied  and  flew  *  ft  the  7}rt-fts:  and  in    140, 141. 
 (t)Aferoe\f  thckingcffended^afier  thePriefts  power  wasat:oItfticd,they  inflated  no    (0A'"-**Ak 
 corporal!  puniiliment  en  him,  but  all  with  Ircw  themlclvcs  from  him  and  avoided    r'}C'J^{ 
 his  company  till  hcwaskillcd  wic^gricfeand  coniinnpci«ii.  The(  u)  iiduns  wi 'I  >ct    h\(l  i\.  p 
 permit  their  king  to  ft  -ep  in  the  day  time,  f.nd  if  he  be  drunken  at  any  time  i?  any  W  -    (v)  Stra  oGe- 
 man  (if  whom  he  hath  a  guard)  kt.'l him  whiles  he  is  drunlej-fheis  f*  fmrrefrom  beinr    ogr%  I  I  './.M* 
 guilty  ofTreafon,  that  for  a  reward,  /he fha/lbe  m  irricd  to  hut  Succeffovr  :    na'Jch  1  kc    A^ v' Aj  A  ex- 
 :hc  ancient  publikcinftitucionof  the  jV/w^##tf«f, recorded  by(v)  axo  Grammnti  /.-/,    coCm°^1 
 thatthr  affxffinate  ofevi.'l  Kings  /houldfucceed them  %n  their  ki»gdomes  •  a  thing  fie-    jfi    gm  rfe 
 qucntly  praCtifedin  many  kingdomc.and  Empire*,  though  very  ill  enabled  many.   0fo  il-ui  Or  .t. 
 The  (  J  )  SaOa  ins  confined  their  Kings  to  their  Pafacesf  and  u  red  toftone  them  if  they    l*l-c  p.  /'. 
 went  forth  of  their  bounds.  The(<,)  'JMoferui  whofc  kings   were  elective,  vtaj  to    (x)Hift-D*nu*, 
 punifh chem,  when  they  oftended,  bv  keeping  rhem  rafting  a  whole  dayc>  iVacc.    rj/faSih 
 Among  fomcof  thef  a)  Indians,  iftheki^gdyes,  having  male  children  of his  owne,  or    l^s^  fi]i. 
 cofen-g  rmans.or  brothers  children,  they  fhaflnotfucceed him  m  the kingdome, but  hU    ( \  t\lex  ab  Ale. 
 ffreri  fonne^iftherebe  any  ;  if  not , then  his  next  alliance  -^    indthar,  ex  genus  iwfft*    '•JA,»« 
 tuto  ybv  the tnftitxtionafthe  IS^ation  ;  the  realbn  is,  becaufe  their  Priesls  ufedto  d--    ft  ™unft-Cor* 
 '  urethe  jQueene,  whofeiffue  is  held  t*  be  illegitimate.    In  (b)  Thracia,  the  pcaple    .  [!J        "" 
 elcclaking  who  U  weHqttAlified,  mercifft/I,  grave  far  his  a^ey  and  one  who  hath  no  chtU    (6)  Mmjl.  Crf. 
 d*en:  For  no  F4tbery  though  never  fowell  qualified,  u  admitted  to  raigne  ;   and  if  he    L^c.^.p 
 fortune  to  have  tffue  while  he  reignes,  he  ts  deprived,  andfok^pt,  left  the  ki*gd;Tne    Boe-^^^ib0 
 fhould  become  hereditary.    Yea,  though  the  lentg  be  never  fe  jufty  yet  they  wj/inot  that     ^  '  ^ 
 
 befhould  have  the  whole  power ,  but  appoint  him  40.  Governovrs,  left  hee  alone  flyjuld    ~rQj  \[tx^a0  Alt, 
 udae  incapitallcaufes:  Andif  he  be  convicted  of  any  offence  Joe  is  punifbedwitb  death ,    l.^cr-}  f.  131* 
 yet  not  by  faying  violent  bands  on  himy  but  by  publike  confent,aUfiod  is  k^ot  fr->m  him,    im]  0em.u9§r% 
 C»  as  atiaft  beperifhcth  with  famine.  Thc(V)  Taprobant  bad  (hid  cttftome,  th.it  no  rum    l'*c'il'&l  3* 
 who  had  any  children  fhould  be  chofen  ki;ng,  left  he  fhould  cL.  ime  the  iringdvmc  M  here-    /.I  q       m 
 ditary  %and  make  ttfo.Ti\c(m)  Athenians,  lonians ,  Milefians,  Ma>-ch9manni  <^u.idii    (0)  /^ uerlkm 
 PerfianSjStci/tans,  Corinthians,  Tartbians,  Afcroesy  Gordiiy  Medes^  Paphtiy  Co-    Gentium. 
 tbians,ts£theopians,Sydonians,  Germans,  Swedes,  Danes,  ar.d other  Nations  badfe-    (?  I'd.UiR. 
 vera//  Cuftomes,  Lawest  Rules y  (ofcr-tedious  to  recitej  br  which  they  eleEled  and  m-    ^J*^' '"**&' 
 *u g*r  at  e  d  their  kings  (of  which yu  may  read  in  Alexauder  ab  Alexandre  (  )Strabo,    Meruit  T 
 (0)  Boemmy(p)  Peter  Martyr,  (q)  Purchas  ya*d  others)  and  different  degrees  of power    G§tard\Mi 
 $\nd  government  derived  from  their  kingdom**  and  people ,  the  foveraicne  Authority    tjr,Sov.  Orbit, 
 fiill  reading  in  tbem  to  prefcrtbe  both  Law%  and  limits  to  their  kings  y  ar.d  c.ilith.  m  to    (r  p^  Scu^ 
 \publikeaccouutf:r  their  greffe  offences  and  mi  f government.    The  ant  tent  (r)  1A:  thy?-        ( **  '  ^r*J* 
 \fianS  eleEled  the  moslfanatique  Pr  teftfor  their  king,  if  bom  though  they  adored  and  bo-   ^  .^  f  G  ng 
 nouredfor  a  godjetritamagere  ST  \TVT  KM  LEGIBVS  DEBET  iuxci  patrios    /.,^^- 
 imores,^<f  ought  to  Itvefuch  a  life  as  the  Larvt  appointed  him, according  to  the  manners    **rufdti.Mdm 
 §ftbeCourtryy  neither  ought  be  to  reward  or  f  urn f)j  any  man  himfelfe,  though  chief  e    T&Z^ffi  '*' 
 farts  of Royalty.  ThcC^)  old  German ki^gs  bad  no  free  nor infinite \  but*  reft  rawed  Qt"™ 
 
i$  The  S  after aigne poster  of  Parliaments  and  Kingdom* 
 
 and  bounded  power  by  the  Law  el.  (t)Diodorus  ^iculus  writes,  that  thefirft  Egyptian 
 
 0)  Bibl*  HiH.      Kin^t  lived  not  like  other  Monarchs,  to  rule  all  things  according  t*  their  wills,  NuUis 
 
 * l  <i  6   b  ^"      ebnoxii  cenfurU,  as  obnoxious  to  no  cexfures;  but  all  things  t  not  only  their  publike  a&i- 
 
 Df Mor  Gtnt!    0MS,^stt  even  the  regiment  of  their  daily  life,were  conformed  to  therule  of  the  Lawes  (as 
 
 li.t  rp-J7,3»".    hethere  manifefts  in  fandry  particulars)  botbin  refpecl  of  their  attendants,  difpatchesy 
 
 F$rtef,CAi.       devotions,  recreations y  moderate  fp are  dyet^  andthelikjs\  neither  was  it  lawfull  for 
 
 them  tojudgct  nor  doe  any  thing,  nor  punifh  any  man  out  ofpctnlancy  or  anger  y  or  amy 
 
 ether  unj u ft  caufe%  contrary  to  what  the  eftablifhed  Lawes  reqmredconcerning  every  of 
 
 them9  Whiles  they  obferved  thefe  thing*  cuftomarih,  it  was  fo  farre  that  they  tooke  it 
 
 illy  or  were  offended  in  minde,  that  on  the  contrary  they  thought  they  lived  a  mofiblef- 
 
 fed  life.  For  other  men  rafhly  gluing  indulgence  to  the  affection*  of  nature, ailed  many 
 
 thing*  accompanied  with  loffes  and  dangers  »yeafome  men  ofttimel  although  they  fore* 
 
 knew  they  fbouldfinne,  did  notwithflanding  perpetrate  evill  things,  being  led  away  with 
 
 love  or  hatred ,  orfome  other  perturbation  of  minde;  but  they,  imbractng  the  rule  of  life 
 
 •   approved  by  the  mofl  prudent  men,refolved  not  to  erre from  their  duty  in  the  leail  de» 
 
 free,   whiles  Kings  u fed  this  Iu  slice  towards  their  Subjetls,  they  had  their  Subjects 
 ound  unto  them  tn  greater  benevolence  and  love  then  their  very  kindred ;  For  not  only 
 the  Co  Hedge  ofPriefts,but  the  whole  T^ation  of  the  %y£gyptians, and  likewife  every  one 
 of  them  were  notfo  carefull  of  their  wives  and  children  and  private  goods,  as  ofthefafe- 
 ty  of  their  Kings  :  Wherefore  they  pre ferved  the  eft  ate  of 'the  Republike  intire  for  a 
 long  time  under  the  mentioned  k}ngs,Jp  ending  their  life  in  greateft felicity,  as  long  as  this 
 conftitution  of  Lawes  flour  i/heeU  esfnd  when  thefe  kings  dyed,  ail  the  ^Egyptians  ge- 
 nerally mourned  for  them  in  an  extraordinary  manner  divers  wayes,  made  folemne  Ora- 
 tions in  their  praife,  bunedthem  with  great  pompe  andfolemnity ,  and  cretted^Py  rami* 
 des  to  their  eternaX  honour ;  alt  which  funerall  pompom  folemnities  many  ill  kings  wan- 
 ted after  their  deaths,  ob  plcbis  xzhagmoncm>becaufe  the  people  gain-fayed  it,(  who  to* 
 get  her  with  the  Priefts  and  Senates,  who  were  ever  pre fent  with  the  kings  to  affisl,  coun- 
 fell j  and  direct  them,  werefupsriour  to  their  ki"gst  fmce  f^eJ  could  thus  decree  or  deny 
 them  thefe  funerall  honours)  which  made  many  of  their  following  kings  to  additl  them- 
 f elves  tejuft  a  ilions  too ,  fcrfeare  of  contumelious  handling  and  fempit  email  ignominy 
 (v)  Mtmwabi'   after  their  deeeafet  So  this  Author.    To  which  I  ftiall  addc  (V)  Xenophons  definition 
 HmJ  .+p  813.    ofa  Kingdomeand  Tyranny  :  tsf kingdome  js  an  Empire  over  men  by  their  free  affents 
 ^tt^i     e^H'    according  to  the  Lawes  of  the  City  :   And  a  Tyranny,  is  an  unlawfuU  Empire  over  men 
 if**  91 .  again  ft  their  wtlls,  which  depends  upon  the  will  of  the  Prince,  And  this  obfervation  of 
 
 (*)  WJI.L6.  p.    (*)  Poly  bins,  That  kings  in  ancient  times  did  give  them f elves  wholly  to  doe  that  which 
 1  i8j* #  1 16.  wm  hour  ft  and  ]u ft ,  and  tofuppreffe  the  contrary ;  the  very  beginning  ef  all  true  k^ngm 
 
 domes,  and  the  end  for  which  kings  were firftinftituted  by  the  people.  Whiles  they  thus 
 demeaned themfelvft, they  were fubjetl  to  no  envy,  becaufe  they  differed not  mueh from 
 others,  neither tn  appar ell,  nor  in  meat  and  drink?,  but  obferved  aconverfation  of  life 
 conformable  to  other  men, and  lived  perpetually  like  to  others.  But  afterwards,  when 
 thofe  who  obtained  the  principality  offucceffiony  and  the  prero gative  of  their  blood  had 
 thofe  things  already  provided,  which  made  them  able  to  fecnrethemfelves,  and  to  f up- 
 port  their  flat  tj  following  their  It* fts  by  reafon  of  their  abundance,  they  then  thought,  it 
 belonged  to  Princes  to  be  better  clad  t  hen fubjetls,  to  exceed  them  in  cotllinejfe  and  va- 
 riety of  meats,  and  to  afc  vetttry  with  whomtheyplcafed  :  Hence  envy  and  offence  was 
 begetter,  and  implacable  hatred  and  anger  Jtyndted9  and  a  k**gdome  by  this  meanes 
 
 changed 
 
The  Srtcraigne  powe-r  of  Parliaments  and  i\ingAoms.  a  7 
 
 .1  Tyranny  :   Hence  men  meft genet  innim*Htboldfpirits%* 
 
 ableio  heart fuch  affronts  and  infelences ej  Princes .  eainfl  t' i ■■■ 
 
 and  the  p-  *ch  Cnftaines  t*  make  rt    fiance,  joyne  witl   t  e 
 
 f ore faidcaufes, than  \) be reprejjed.  %yfndthm theft   me  me 
 
 nndOHenercby  is  utterly  taken  away  by  the  roots,  and  the  beginnis  tcy 
 
 train  lnd,thcpeople  refujing  tofet  any  more  a  King  over  then; , 
 the  Repnblikf  **  many,  fearing  as  yet  the  iuutftice  of  Sup.  ri$nrs%  ana  ti  woft  e~ 
 
 ftecms  equality  and  liberty  ■  So  that  the  iovcraiLiie  power  of  fctling,  ol  ch  iflging 
 the  Kingdomcand  forme  of government  refines  principally  inthcpcople,  who  (as  hec 
 there  largely  proves  by  the  Lacedemonian  and  Roman  Date  )  ought  U         ft  e  Sn*    (  .,   ,.. 
 preaute atttboritj tandto  be  above  their  Kings \  a^  it  icems  the  ts£gyp*ian$  d\dj(y)who    cifmn.LC.c. 
 depofed  and  expelled  Evergetcs  their  King,  for  his  t  ruelty  y  and  after  him  their  King    i  j.p.1198  1*99 
 Ptohmaus  Auletes,fetting  up  Cleopatra  his  el  deft  child  in  his  Thrtne «  and  as  the  Ro-    (*  )Rodin  dm  - 
 mancSznztc<\\d,(z)who  had  power  to  difpofe  of  the  cvmrnonTreafury  and  revenue  one    menw- l\  »c  •'• 
 of  the  greateft  points  of  Soveraignty  )  toappstnt  Lieutenants  and  Governors  of  Pi  0-    ['n^ohaadv. 
 Vinceiyto  grant  Triumpbcs,to  difpofe  of  Religion  :  (for  which  caufe(a)  TcttaUhn faith,    C  entti. 
 that  never  any  Godwas  received  in  Rome  without  the  decree  of  the  Semite,)  una  to  re-    m  SccLivfPaf- 
 enve,  anfivcr,  and  difmijfo  the  Ambajfadours of  Kings  and  Nations,  which  none  el  ft    f,m* 
 did  but  the  Senate ;    whole  Soveraignc  power  was  fuch,  that  Tiberius  the  Empcrour 
 in  the  beginning  of  his  Rcignc  called  the  Senators  (  afTembled  altogether  in  the  $** 
 nitc ) Indulgent  1  jjimos DO Af IN OSyhismoft  loving  ^OTcO^fand  moved  the  .Scnue, 
 to  divide  tbcEmpire,&  not  to  commit  it  all  to  one  manjs  wc  read  \r\(b)Tacitiuy.\\ough    (b)Ar.nalmir.l. 
 they  were  his  Subjects  and  inferiours  when  divided  and  fevcrally  connVered  :  -And    I'    Tt!!m£ 
 fuch  Soveraigne  power  had  the  Panxtoliuw  01  gcncrzll  aiTembly  of  Parliament  a- 
 mongthc tAEtolians,  whorcieived  and  anfwercdallEmbaiTadours,  determined  all 
 affaires  ofwarre  and  peace,  it  being  provided  bytheLawcsofthccy£*?//Vi».r,  that  • 
 thinojhouldbe  intreated of 'concerning peace crwar^butiu  their  Panatclium  or  Vclaicon    ..  H^  -      . 
 Connections  (c)  Livy  and(^  Bodinxccord.  I'f  &^, 
 
 But  to  )ea\  c  thefc  ancient,  and  come  necrer  our  prefent  neighbor  Kings  and  King-    (d)  commit™. 
 
 .1 
 
 in  ancient  times  been  "infer iotir  to  their  Kingdomes,  Parliaments,  and  fubie  ft  to  their  (t;  cajfanjoui. 
 cenfures  even  to  depofuion,ifnot  more,  though  (J)  fome  cry  them  up  for  abfolutsUWo-  &  Eoiin  Cm- 
 narchsy  and  make  them  little  better  then  Tyrants  now.  mwrnj.***.* 
 
 (q)  IohnBedm,  a  learned  French  Lawyer  and  Stacefman.writes,  That  pn  ancient    ^l'c<10 
 times  the  Ktvgs  of  the  (ftties  of  the  Gaules  werefubjetl  to  their  States  ;  whom  fit/or    /.\  commetw. 
 for  this  caufe oftentimes  calleth  Reguli ,  little  Kings  y  being  tbemfecvei fybje&s  and   /.  %,  c.  i.p.nU 
 .'  juftifiableto  the  Nobility  ywho  had  all  t'--  e  Soveraignty  t  caufino-  them  even  to  be  put  to 
 death  if  they  hadfo  deferved :  And  that  is  it  for  which  A  mphiorix  the  Captair.e  (Jen  - 
 rall,whcm  tbej  called  the  King  of  the  Lingeoisfaid,  Our  commands  are  inch,  as  that 
 the  people  hath  r.olcfTe  power  over  \sy  then  we  over  the  people  :  PVheretnhe  fhtwed 
 evidently ',  that  he  was  nofoveraigne  Prince ;  howbeit,  that  it  was  not  poffiblefor  him  to 
 have  c  quail  power  with  the  people,  as  we  ha  1  e  before /hewed  :    wherefore  thefe  fort  cf 
 Princes  t  if  they,  polluted  with  wickedneffe  and  thllany^annot  be  chaHifcu  bj  the  Au- 
 thority nndfiverity  of  the  \Jtiagi(rrateybut  fljattabufe  their  wealth  and  power  unto  the 
 
 C  c  hurt 
 
i8  The  SoTtcraigne  power  of  Parliaments  and  kingdoms. 
 
 hurt  a»ddcftrH8ionofgoodme»>\T    ALWAYES    HATH    AND   SH^LL   BE 
 
 LAWFVLL  not  for  ftr  angers  ondy  %  b»t  even  for  the  fubjcils  tkemfilvs  alfo^totake 
 
 them  out  of  the  way  :  But  if  the  Prince  be  an  abfolute  Soveraigne,  at  are  the  true  A<fo. 
 
 narchsoj 
 
 doubt  or 
 
 one  ofth 
 
 by  way  of  fall  or  ju ft  ice  again  ft  the  honour,  Ufe^  or  dignity  of  the  Sweraurne,  alheir  hie 
 
 hadcoTnmittedaflthe  wtcksdnefje  ^iwpiftyj  and  cruelty  that  ctuld  befpoh^en  :   fo  Bodtn. 
 
 tf  Honr9Tztc.  domes  tree  grants  and  confents,thcy  are  ftill,  in  truth,  of  no  greater  Authority,  nor 
 ii.  Munjleri  no  more  exempted  from  iuft  cenfurcs,rhen  their  predcoeffourf.  Now  it  is  dear,  that 
 Cofmcg.l.z.c.4*.   in  ancient  times,  (k)the  3 .  Efiaus  and  great  CounceU  of  France  (iff enib led  in  Parlia- 
 
 *»}.'•  1.  France  (as  I  have  formerly  proved;  and  exercifed  the  fame,  or  as  °reat  authority  as 
 
 {i)Pnu!us  tL~  the  Parliament  of  England  huh  done,  which  authority  ic  hach  Jolt  by  cercaine  de- 
 -Lf^LuK?  Srec.%  To  oive  a  few  more  inftances  to  cieare  this  truth, 
 
 nerall  Hiftory         (*  J  F  bar  amend,  the  nrii  A  ing  or  the  Franks,  that  Reigned  in  F  ranee,  An.420.was 
 
 oi  France  in       elelled  King  by  the  unanimous  vote  andconfentofad  the  people :  and  by  their  advice 
 
 Ms  life,  lean     andc^nicnt,  in  his  Kaign,  ikzSaliqae  Law  was  made  to  Regulate  the  difcent  of  the 
 
 "dr*  yC  Crownc ,  that  no  women  fhould  be  he  ires  to  it ,  ar  claim's  it  by  difce;it;  which  Liw  conti  - 
 
 Fab^par^c.  ™es  °fforc€  untill  thu  day ,  as  all  the  French  hiftorians  generally  accord,  who  rmkc 
 
 7i,p.66.Mvn-   frequent  mention  of  it ;  though  our  Englifti  have  much  oppugned  it,  as  you  may 
 
 fiers  Ccfm$g,l.     read  in  ,  £j  Hall  and  (I)  Speed,  'm    GhUieriem  the  fourth  Kmgof  France  about  the 
 
 a«Mi-      .        ycare  460^  giving  hi  mfelfe  ro  all  vice  and  cruelty  in  fuch  extreame  wife,  that  hec 
 
 OfoJkf>f>$t»  became  odible  to  hisfubjec"ts  j  perceiving  the  murmur  of  the  people,  and  tearing  his 
 
 (i)Hijlj  6%  e.  Sudden  dcftru£tion,by  the  counfeli  of  Guynemeut,  fled  ou:  of  his  kingdoms  to  Befci- 
 
 ^7,7**.7&7.  gneV\n%ofThiirinjres.  Whereupon  the  French-men  wi>/;  one  ajfent,chofe  gy'laRo- 
 
 fc,  man ,  for  their  Kingandgovemour  :  who  laying  gritveous  Taxes  upon  his  Subjects 
 
 ^It&am    by  thc  frauciulent  coanl'cl  oiGnyr.emius  (a  faii  friend  to  ChtldcricHs)  and  ufmg  (harp, 
 
 ^nyl.theTel'  execution  upon  Jcmc  of  the  Nobles ,  to  far  re  dife<m«sntcd  his  fubieels  tWby  the 
 
 ntrallHm.  of     helpeof  G  u)nemcKSythey  depofedand  chafed  him  into  Soy fons ;    and  fending  \o:ChiU 
 
 :francc,crf/;i»,  denctts  ggaioe,  reftorcd  and  made  him  King  :   after  whole  death  his  Tonne  Ctodevi9i$t 
 
 M»ri(l.  a*id  o-  was  fry  tte  eQp[e  crdained  andauthorifed  for  King  of  France   between  whofc  foure' 
 
 |S  £  fonncs  it  was  after  wards  divided  («j   A'tcr  cbedcath  of '  Chdperlcusflotharius  be- 
 
 ri.iH.Urf,  '  ing  very  young,  Guntlratms  king  of  0/-/*w  (bis  uncle)  with  thea,fentof theNo-. 
 
 Gagttyn.Emyl,    bles  oftheRealme,  was  made  his  Tutor :  »j»ho  commingro  age,  hce orfcrcvl  ro  referre 
 
 tkeGeAbifi*     the  dirfe:encc>.  between  Sigebcrt  and  himfcJfe  couching  dufiracjf^o  which  both  laid 
 
 •tfmitt.         claime)  «o  an  Ajfembly  of  the  L-rds  of  that  Kingdome ;  -andcondcmi .  ed  Qu*:n  5r//vi- 
 
The  SoTpcraigne  power  ofTartiaments  and  t^ingdams*  ip 
 
 theiLl  by  the  unanimous  coi  (cntor*  ihc  Lord*,  t^>!  cc  tyrd  by  the  hair  c  other  I  i*. 
 
 ioa  wil.!c  horfe  caile,  and  lo  t  >bcdrawcd  while  fliecwdicl  ad;  for  her  many  mur-  port,i.c.i$it 
 
 a nd. criminous  deed > j  which  was  accoidingli  exei  •    Kina'Daeobert  ^^,m''\ 
 
 e.\cre.i-:d  fucn  tyranny  and  iniuit  cc  jn  pillaging  his  commoiw  by  ex  acrion$  ana  in-  M  Crfl  „  , 
 
 buccs,  that  thole  who  d  we  Led  in  the  out  parts  of  tbe Realms  neere  the  Tucket,  aod  genenta 
 
 Other  ih-jn.-e  Nar  ions,  chofe  rather  to  put  themfdves  under  their  government,  than  of  i:  rarer. 
 
 under  the  Rale  of  their  owne  natural!  prince:   Veytiers  rebelled  agaioA  him,  his  (p)  F*btan.^ 
 
 I  ords  murmured  To  n  uc:>  againlt  him,  that  Pipin  ami  Mar  taw  (two  of  his  greet  f***lm€*x 
 
 Lords  an*-!  agents)  te  fave  his  C>  cr,>»,  diffuaded  him  from  his  ill counfcJls  :  whence  ,#/£„ 
 
 a  little  before  hs  death,  calling  a  great  counlcU  of  his  Lords  spiritual!  and  Ten  po*  ere  p\,:,  tbt 
 
 rail,  heeniadc   his  will,  and  fit  led  his  Ktngdcme  by  their  advice ;  dividing  ic  be-  gmtrtll  Hiforj 
 
 tween  his  two  fonnc*.  fa)  ThcudvricHs  king  of  France, giving  himfelfe  to  (loath  and  jj 
 idlenciTe,  cemmittedthe government  oftke  Retime  to  Ebroynl&t.  ©*'  hisPaLtcc#  who 
 
 did  what  he  liked,  and  vexed  and  troubled  the  Subie&f  gncvoufly  j   whcreoie  />r  )4*j. 
 
 ajfent,  the  Lords  ajfcmlled  t  he  w,a;:d  by  authority  depe  tved  the  King  of  all  D  ignityyand  (  q )  Fabian . 
 ciofed  him  in  a  Monafiery  during  the  refiiuc  of  his  life,  when  he  had  borne  th  \ .-,  . I  44 , 
 
 Kitf'j  without  executing  of 'the  art  thereunto  belonging  tthreeyeares  :thc  crncll  E  reyn  1jK 
 
 they  exiled  to  Luxenbonroh  during  life;    rn  king  ChsJdtriciu  brother  to 
 
 r-  a        ,^  i      's  /rb     L-     .-  i  •    a6  n  i     r  -r  p*,  the  central 
 
 King,  A™.  66 p.  wno  opprciiing  nis  trior  c.ts  grrevouily,  and  toiittg  the  /,awes  niiofirame% 
 
 of  his  progenitori  alter  his  plealurc,  and  uoitlrrly  caufing  a  Nob!c-mMi  called  Bel  in  (r)  /<j6ua. 
 
 to  bee  tycd  to  a  (lake  and  beaten  to  death,  without  guilt  or  Trcfnaifc     Here-  M'-bMfe* 
 
 upon  the  Lords  and  Co  nmens,    fearing  like puniflimcnt  withoutdefcrving  ,  mtir-  lS}^nerali 
 
 mured  and  confpired  agaioft  him,  and  (lew-ham  and  hi?  wife  (  then  great  with  Childe )  G 
 
 as  they  were  hunting  in  a  wood  :  After  which  they  reftcrcd  Thsodericus  (whom  they  m  u^crWut, 
 
 haddepofed  )  tohuformer  dignity  ;  ur.dcr  whom  Sbroyu  getting  into  place  and  IV.  jcbrom* 
 
 vouragainc,  ufed  fuch  Ty:annietowards  the  Nobles  and  People,  that  Pip/,:  and  con-  CI 
 
 C^/"^rrt/wr-ifedagreatafmyagiin(Thim}  /eft  he  foould  defiroy  the  ComT?r>i-rrcaU t  ^jjm9m^f,» 
 
 gave  him  batteU ,  and  at  Lift  Hcrmcfreditu*yZ*ir  htm  :    After  which  Ptpin  v\  as  made  the^ftl 
 
 MaltcrofthePalace  in  hUpIacc.f?)  K.Dagobert  thefecond  dying  without  any  I  flue  deric\e  and  pi. 
 
 or  knowee  Here  at  zll,  enc  Daniel  (after  named  t^htipericke)  aPricrt,  i  fAvtmmm 
 
 Lords  and  peoples  generallafleat  ckofin  King  of  France,  Anno  721  fur  that  by  their  for.  Jnnal.  r^tr, 
 
 mer  experience  of  bimy  they  deemed  him  apt  for  the  rule  ef  the  Land.     After  wtofe  lj!    !U'e:Hi 
 
 dcaih,  Thcodoricus fonnc  to  D^^rr/jfiecretly  -follered  among  Nunnes  n tenia  Nun-  mn.x  ftiL%m 
 
 ncries  inwomanscloa:h:ng  1   was  cl  pied  and  admitted  for  King  :   During,  mort  cf  '  M/m.t.cofmeg, 
 
 tneforcnamed Kings,  the    grand  Maftercfthc  Palace  fwayed  the  Krogdomeai  ^1^41. 
 
 ttlfenef 
 fukleeliou 
 JWtfKM^M&lrlerofthe  Pahcc,  fwho  fwayed  all  things  ill  Theodoncus  raignc)dc-    &ctpar.^.p.^ 
 
 ccahng,his  two  font  (fharhmaine  and  Pipin,  Ly  the  advice  of  the  Nobles  of  the  Land,  to**i*hknd*i 
 
 conftdering  tl  c  insufficiency  of  the  King  to  rnlefo  great  *  change  y  divided  the  Land  of  *£    £i%l0\ 
 
 France betweene them  ,  ft  that  either  of  them  fbould  under  the  Kin<r  Rule  euid  Ge~  ,  .,„  ,?  V-* 
 
 verne  fuch  proportion  as  then  there  was  to  them  appointed  :  (^harlemayne  ioone  after  ne3L*  Anfw. 
 
 renounced  his  Government  and  turned  Monkc  ;  and  Piping  asonel\  R  dcr^ookc  upon  Vopyetm  Mafi 
 
 him  the  charge  of  the  whole  Realme.   Pipin  then  considering  in  nde  in  what  fo*y*"j*  Child* 
 
 danger  and  trouble  before  him,  his  Father,  and  he  now  had  ruled  cue  Lane     ^nd  that  Gel' f?'*M '. 
 
 C  c  2  1  Wl' 
 
a© 
 
 The  Solteraign  power  of  Parliaments  and  Ifyngdmes. 
 
 orum^.p.z^. 
 
 (*)  Lombards 
 
 Arcbai0tt9f.i}Q 
 
 Fox  Ails  & 
 
 Mmwoli. 
 
 Edrt>Hlt.p.i0, 
 
 (u)Antonini 
 
 Cbron.  TJM4. 
 
 i/l.n.ijeft9z. 
 
 iioi.Blondus 
 
 Qetad.iJ.yo. 
 
 Sabcllicus.  Enc- 
 
 *d.%.  l.%'%Ga~ 
 
 guhml^Jn 
 
 Car.Martel, 
 
 NaHclerus  vo!.$ 
 
 gtn*x6.Grathn. 
 
 Cauf.iiquj. 
 
 Piatina  in 
 
 Zacb.  l.Frijin. 
 
 l.5.c.it%Fa- 
 
 bian>part,i  c. 
 
 Ammm  dt 
 
 geft.Frantp. 
 
 (x)H'tJU.<. 
 p$*U 
 
 (^Though 
 that  of  Vlinius 
 ftcundw,  Vane- 
 gyr.Traiano 
 di&H6,p.2.bc 
 true,  ,§/«>*/. 
 tqmovecnimo 
 ftrunt  homines 
 quern  Vrinceps 
 ftatun  feliciter 
 ginu'a  quanta 
 q*em  mats 
 HtgiS. 
 
 (y)PohtJ?;. 
 A1«< 
 
 the  King  to  whom  belonged  all  the  charge  3  kept  his  Palaces  y  and fo  //owed  all his  delights 
 and  pleafures  *  without  taking  any  pain*  for  reformation  of the  fame  •  fent  an  ambaf- 
 fagc  to  Pope >  Zachary,  (asking  his  advice  in  point  of  coflfcicnce,  j  whether  it  were 
 more  nee  effary  erweatf till  for  the  Realme  of  France  ,  that  he  fhould  be  admitted  for 
 Kingythat  did  nothing  but  apply  his  minde  to  all  bodily  pie  afurest  without  care  and 
 charge  taken  upon  him  for  the  guarding  of  the  Land  yand  the  People  of 'the  fame ;  or  he 
 that  took*;  upon  him  all  the  charge  and  paine  in  defence  of  the  Land  ,  and  keepino  of  the 
 people inthe due fubjettiontTo  th.s  the  Pope  anfwercd,and  wrote  back  to  Pipiujkwt  he 
 was  be  ft  worthy ,  and  mo  ft  profit  able  fur  the  Realme^  to  be  admitted  for  King,  that  ruled 
 w^ll  the  Commonalty  byjuftice  and  prudence ,  and  the  enemies  thereof  defended  and  fub- 
 duedby  his policie  and  manhood*  (/)  id-ventine  relates  his  anfwer  more  largely,  in 
 thefe  words;  Ifinde  ("faith  Zachary)  in  the  S  tor  j  of  Divine  Scripture,  that  the 
 people  fell  away  from  their  wretchlejfe  and  lafcivi?us  hif1g  ,  that  defpi  fed  th-e  counfcll  of 
 the  wife  men  of  the  Realme ,  and  created  afufficient  many  one  ofthemfelves,  King ;  God 
 himfelfe  allowing  their  doings :  All  Power  and  Rule  belongs  to  God,  Princes  arc  h  is  Aft- 
 nifters  in  their  Kmgdomes  ;  And  Rulers  are  therefore  chofen  for  the  people  ,  that  they 
 /ho  u  Id  follow  the  will of Cjod  ,  the  chief elluler  in  all  thing'  ,  and  not  do  what  they  lift \ 
 He  is  a  true  Ktngt  hat  guideth  thepeoplecommittedtohis  charge  accordingto  the  7>re- 
 fcripz  and  Line  of  Gods  Law  ;  all  that  he  hath  9  as  power,  olory  ,  riches ,  favour  and 
 di<rnitie9  HE  REQEIVETH  OF  THE  P  E  O  P  LS tandtheteoplej  MAT 
 WH  EN  THS  C  A  VS  E  REgyiRETH,  FORSAKE  THEIR 
 K 1 7{J0*  It  is  therefore  L  AV  F  V  L  Lfor  the  Franks  and  Cjer  manes  ,  r  efts-fug 
 this  unkindly  Monfter  (Childerickej  to  chufe  fome  fuch  as  Jhall  be  able  in  warre  and 
 peace y  by  his  wifdome  to  protetl  and  keep  in  fafetie  their  Wives ,  Children  y  Parents  Goods 
 and  Lives.  Which  anfwer  of  the  Pope  (recited  and  approved  mour  ownerving^Ji^- 
 ward  the  finfejforsLzwts ,  and  Chiideric.kesdtpoCrAon  like  wife  Chap,  ij,)  being 
 declared  to  the  Lords,  Barons,  and  Commons  of  the  Realme  (whom  this  Pope 
 likewife  wholly  abfolved  from  their  allegiance  to  Childericke  )foone  after  y  they  of  one 
 ajfent  and  minde*  proceeded,  and depo  fed ,  and  put  downe  their  King  and  (jovernour, 
 Ghildcrickc  (u)beivgaSotty  afoole ,  abeaft,  and  one  unfit  to governe y  and  clofed  him 
 in  a  Monaftery^after  hehadreigned  tenyeares  in  the  Kings  roow^by  name  onely  •  which- 
 done^  they  unanimoufly  eletled  and  crowned  Pipin  for  their  King :  By  meanes  where- 
 ofthe  Royall  Line  or  Movoveus  after  17  difcents  ended^nd  chc  Crown  was  translated 
 co  Tipins bloods  Which  adt  in  pointof policies  determined  lawful!  by (x)Polybius% 
 whoW iites,!TW  the  reafon  why  fome  Kmgdomes  became  hereditary^  was  onely  this f 
 becaufe  their  fe ft  Kings  beingvertuous  and  worthy  men^they  were  perf waded  their  Chil- 
 dren would  prove  like  them  \  but  if  at  any  time  they  dege  tier  at, and  prove  otherwife ,  and 
 the  (*  )pofterttie  of  the  fr ft  Kings  difpleafe  uhe  fubjscisjhey  thenceforth  make  the  King- 
 dome  elcilive  'ychufing  Kings ,  not  according  to  their  ftrength  of  body  and  mindes  at- 
 tempting great  things  y  but  according  to  the  difference  of  their  will  and  reafon  mamfefted^ 
 by  their acl ions  :  And  by  (/)  Anftotle%  who  infbrmes  as,  That  in Kingdomes  con- 
 firmed infucceffton  of  blood ,  this  is  to  be  numbred among  the  caufes  of  their  ruine ,  that 
 the  Kingdomes  defcend  to  many  contemptible  and  (loth  full  perfons ,  who  although  they*- 
 obtame  no  tyr annkall but  Royall dignitie ,  yet  they  live  luftfully  and  proudly  ;  and  fo 
 the  Kingdome  eafily  falls  to  ground^andbe comes  a  tyrannies  the  people  bcinq  unwilling 
 that  puchfhouid,  rule over them  1   mdfo  esther  wholly  alter  the  forme  of  government? 
 
 9Tr 
 
The  Soltcraign  poster  ofParhaments  tndKJngdomes.  2  1 
 
 ttmsilqtcbiiceof 4  fitter  King  for  the  neceffaryprefcrvai  son  of  the  State •  yea  this  eJe- 
 
 dtion  in  poii  \of  I'oiicieziw  Di  vi*ity  ioo9u  juftifiedandprovedlawfullby  I  >;•, 
 
 in  his  Book  d*  lure  Regni  MpmdScnos  ;  by  lohn  M*rUn*%  I  Rege    >  Regit  Inftit.  /.i . 
 
 c.  3,5.  by Pope  Z*ck*rj  in  his  forccitcd  Epifllc,by  King  BdwtrdtUe  Confeff^r  in 
 
 his  Lawsr.  17.  by  agencralJCounccII  of  all  the  Pccrs,and  Prelates  of  FrMuce*  Conv*. 
 
 catoemm  Trtncipttm   ct  Senator umConctlio  de  COMMVNI    SENSV     ET   V  O- 
 
 LVNT  ATE    OMNIVN    Chtl^ncumfolo  nomine  Regema  rcgr.t  ieponMfttl  (o  chron  ut 
 
 &c.   ac  OMNiBVS    GAVDENTIBVS     ET     VOLENriBVS  ,  Jifinum  fmfer  Frances  i^cifia.U. 
 
 RECjNAXE     F  ACIVNT  ;  writes  (0  Antoninus  :  ard  in  a  wo:d,   ourBifhop  Io*- 
 
 f*J  /?//>*  himfelfc,  an  Anti-Purhanc,  and  great  RoyaliH  ,   tffirmef ,  That  if  the  ^[°J^!^^ 
 
 Kvr.gbc  tin  at  ur  all  foole,  diftrallcd,  and  altogether  unable  to  gov erne  f  as  (fill  Icncl-e  !!  '        *  ' 
 
 ^'^%tany Realme  by publickfconfcnt  and  advice y  may  chocfe  another  to  govern  them  ;  p)fi&Mra 
 
 of  which  more  before.  1^.04^.. 
 
 Piptn(b)  deccafwg,  Qjarlemain  and  Charles  the  great,  his  Ions,  reigned  joynt-  Gen^Hijl.Oi 
 lj  over  the  Frt>:chm:n,  by  their  joytus  admittance  &i\  Uignow  two  Kings  infkad  or  *Ylfc 
 one  (< )  Lewes ,  firnamed  chc  godly,    fonne  of  Charles  the  gy  eat ,  fa  pious,  yet  un-  c/i\*  Grimfl 
 fortunate  Prince)  bymeanes  ot  his  ibnnc  Lothair%   w.vfirft  %mt*ifonit%  and  then  bj  rm^er.H.ft.'p 
 a  Co unce Hand  Parliament  held  at  fompaygne,by  authority  of  'the  fpirituall  mid  tern.  5^o,}9j.  Ga- 
 forall  Lords,  And  of  that  P  artisment  ydtfc  barged  of  all  rule  and  dominion  %  as  to  ell  cj  l"',n    T>  tGei. 
 the  Empire  ,  as  ofthe%ealme  of  France-,  after  that  fborne  a  Mor.lee  ,  and  thru  ft  into  _fio)  France, 
 the  Monaftery  of  Saint  Markc,  where  he  was  ft  rift  ly  guarded;  and  when  feme  of  rmMunn. 
 iheNobles  snl  people  afterwards dcfindZ'WWr  torcJcafc  and  rcflore  him  to  hi*  Crefpiwyrsm, 
 foraier  dignity ;  he  anfwered  them  :  That  the  depoftngofhimwas  done  by  the  whole  ^<*/7*»,  aid 
 Authority  of  the  Land ;   wherefore  ifhe/bould  be  againt  reftored,  it  mult  be  by  the f awe  ot^c  ri* 
 Authority  ,  and  not  by  him  or.ely  .'    After  which  by  the  Lords  ajfents  he e  was  re. 
 sic  red. 
 
 (d)  Lewes  and  (fharles,  after  Lewes  Balbus  their  fathers  death,wcre  joynt  Kings  of 
 Frame,  and  being  very  young,  by  a  Parliament  held  at  Meaux,  Lewes  thcEmpc-  (d)Tab.per.£. 
 rouri  their  VncJe9  was  declared  to  be  more  apt  to  rule  the  Kmgdome  of  France ^  then  ^  !J */ 72**7"" 
 thefc  Infants ,  or  Barnard  their  Guardian^  and  thefc  Children  held  by  !ome  j'JJegiti-  YfunceJ 
 mate*    Whereupon,  by  the  greater  number  of  voyecs  an  Ambaffadour  was  lent  to  the 
 Emperour,tocomc  amXtaks  upon  htm  the  Rule  of  middle  1  ranee  y  which  hecomming 
 to  doc,  his  Ncphcwes. friends  compounded  with  him^  and  then  caufed  thele  Infants  to 
 be  ciowned  and  proclaimed  King?. 
 
 $e)  Charles  the  (imple,a  this  Fathers  death,  Anno  89  5,beirg  too  yong  to  take  upon  f*)Fflfc)ur4. 
 him  the  charge  ofthcRealmc,  the  Lords  of  France  put  him  under  oood  and  convenient  *«lUGugum 
 cruidtn?,  andofaffentthey  chofe  Eudoy  amanofcreat  fame  and  worth,  to  be  Kino-  of  T.m     { 
 the  Land^jor  the  terme  oj  kji4  life ,  and  to  guide  the  Land,  till  Charles  j/jeu/d  ccme  to  scYaM  Cnfim 
 his  lawful/ age 9  whom  they  put  under  Fttdo  his  tuition,  making  him  Ki;^  m  his ftead  9  mittbent 
 who  was  crowned  of  Walter  then  Archbifhopof  Senys.  After  which  when  Etido  Y\ew 
 he  ftioulddyCjhe  called  before  him  the  Lords  and  Nobles  off>*«c<? ..charging  them  by 
 folemneOatbj  that  after  his  death  they  fbonld  immedt  telyerowne  Charles  for  theu 
 King  (whom  he  had  brought  up  with  diiigcncein  learning  and  all  P  rinccly  vertucs^ 
 beinv  then  of  age  to  governs   (fkto  Us  comming  to  the  Crowne,  the  ~Dar.es  miierably 
 waiiedhis  Kingdomes  ;  Wheieuponhis  Nobles  and  people  aflcmblcd  thcmfclvcs 
 is  fundry  companies^  and  w;nt  to  the  King,  pjewmg  their  mi/try  and  blaming  his  fear- 
 
 tfc3  fuhfffe 
 
22 
 
 The  Soyeraigne  power  of  Parliaments  and  Kingdoms. 
 
 zoi. Gagu'm. 
 Turpi?;  fieneral 
 Hifl  ot  France 
 
 Cbron 
 
 fulneffc  and  nee  li  7  er.ee  t  that  he  no  more  for  him  refsledthe  Danes  cruelty  ;  tVhtre* 
 {he  cut  of  fears  beliksi  hft  thy  [hould-hufe  another  King  to  proteii  tbrmy  compounded 
 with  %ollo  chief e  Commander  oft  be  Danes ,  giving  him  all  Nor  wan  iy,  akdbuomm 
 Daughter  in  Marriage,  to  par  chafe  peace-,   (f)  Ctar/*/ being  afterwards  fiiine  by 
 Hebert  Ezrlot  Vcrmendoyes,  AlHnk  his  wife  miftrtifting  the  French  men,  flea  ftcraly 
 with  her  young  fonne  L-wes  (Heire  to  the  Crownc)  to  Edward  the  Elder  inzo  Eng- 
 land: Whereupon,  that  the  Land  might  not  be  without  a;R*ler  >  the  Lor di  of  France 
 affembUd  at  Paris,  and  there  tooke  Councellto  elcil  a  new  King  ;  where,  after  long  de- 
 bate,they  named  andcrowned  Raulfe,  fon^e  to  Richard  D  *kg  of  Burgundy  King^as  next 
 Metre  to  the  Crown  but  young  Lewes  :  Raulfe  dying  after  he  had  reigned  I  a  yeares, 
 the  Nobles  hearing  that  Lewes  was  alive  in  England,  lent  for  him  into  France  and 
 (i)  Tab  jar. 6t    crowned  him  their  King,   fg)  Lewes  the  6.  dying  without  ilTuc,  being  the  hit  Kt.ig 
 r.zoi.iOi.Gd-   of  Pipens  blood  (who  enjoyed  the  Crowneio,  difceritsj  Hugh  Capet  ulurped  the 
 guin.Turpin,      CrOWne,  putting  by  (fharles  Duke  ot  £  iraigne^ ncie  and  next  heire  to  Lewes,\shox\ 
 on%     b  y  the  Treafon  of  the  Bipjep  ofLaon,  he  took  prifoncr :  After  which  the  Crowne  con  - 
 
 of  his 
 
 unlaw- 
 
 deal. 
 
 guin.the.Gen.     ling  a  Parliament  they  concluded,  that  King  lohn  of  England  (hou\d  be  Summoned  to 
 
 ~r,ancc'r  appeare  as  the  French  Kings  Liege-man,  a:  another  Parliament  to  beholden  at  Paris 
 
 I  ix  \L   WI^n  1  ?♦  dayes  after  Easier  %  to  anfwer  tofuchqueftionsastheiefhouldbc  propo- 
 
 {cd  to  hfr«  for  the  Dutchy  of  Normandy  3  afcd  the  County  of  Angeon  and  'Toy  tiers; 
 
 who  not  appearing  at  the  d^y  .Philip  hereupon  invaded  and  feized  them:  M'ter  which, 
 
 (t)  Lewes  the  9 .  and  Henry  the  3.  of  England  in  a  parliament  at  Pari*}  made  a  finall 
 
 competition  for  thcfeLandu 
 
 (J^)Lewesthel  ojbewg  under  aoejvas  thought  of  many  unfuffcient  to  govern  the  Re  aim ; 
 and  when  he  had  a  mind  Co  goe  to  the  holy  Warre  as  it  was  then  deemed)  he  did  net 
 undertake  it}  but  by  the  adv.ee  of  his  /rreatQcuncell  of  Spirituall  an  dTempor  all  Lords 
 and perfons,whoaj]l (led him  therein ,  (I)  Philip  the  4.  in  the  27.  yeare  of  his  Raigne, 
 railed  a  great  Taxe  throughout  France  f  (which  before  that  time  was  never  heard  nor 
 fpckenof)  by  his abfolute  ^Prerogative ,  without  confentofhU  Efiatesin  parliament, 
 which  had  the file  power  ofimpofirgTaxes  :  Which  TaA*e  all  Normandy  ^  Picardy  aod 
 Champaigne  allying  thcmfelves  together,  utterly  refufed  to  pay.  which  other  Coun- 
 tries hearing  of,  tooke  the  fame  opinion,  fo  that  a  great  rumour  and  murmur  wasrai- 
 {cd  throughouttheRealmeofi^wf^,  infuch  waycs,that  the  King  for  pacifying  the 
 people,  was  fame  to  repealethefaidTaxe. 
 
 (m)  Lewes  1  j.  of  France  dying  without  i'ffuc  male,  left  his  Queen  great  with  child, 
 whereupon  Philip  his  Brother  rttgncd as  Regent  of  France,  ttU  the  cbildewas  borne, 
 which  proved  a  male,  named  hhrr.  who  dying  ioone  after,  Philip  was  crowned  King 
 at  Pais,  albeit,  that  the  Duke  of  Burgoyn  and  others  with flood  his  Coronation ,  and 
 would  have  preferred  the  Daughter  of Kin g  Lewes.  But  other  of  the  Lords  and  Nobles 
 of  Fiance,  would  not  agree,th*t  a  woman  fhould  inherit  fo  great  a  Kingdome^it  being 
 contrary  to  the  Saliquo  law  :  This  Philip  by  advtfe  of  evil!  counfellfet  a  great  Taxe 
 upon  his  Commcrs  to  the  Fifth  part  of  their  movable  goods,  at  which  the  J  m'nrt»t~ 
 red  and  grudged  wor.d.  §'U  fore  ,  and  before  it  was  Uvud  9  hee  fell  into  a  Fe4- 
 ver  fffuartan   and  great  Flixe  ,    whereof  hee  dyed  .•    which  'Skkeneffc  fell  upon 
 
 him 
 
 /?//?.  •/France. 
 
 Turpi* 
 
 honor 
 
 l'i)¥Ab.pa.7* 
 4n.ii<;$.p.6S. 
 
 102,103  i&c, 
 Gaguin 
 
 Q)Y*b.paj.p 
 
 Gen.  bifi.  of 
 Y  ranee. 
 
 {m)Yab.fatf.f. 
 
 Gen  bijt.  ot 
 frame. 
 
The  Soyeraigne  power  of  Parliaments  and  Kingdoms.  a  4 
 
 him  by  prayer  of the  Commons  *  en  them  \  nevons  J'axe. 
 
 the  fifth  ot  prance,  haviog  a  putpn'r  cue'rive;!!  t1  e  !  ngh/h  <  ut  ofAfi  ■  L-  ■ 
 
 ether  parts  of  his  Kingdcir.e;  and  being  provided  of  all  thirgi  which  ! 
 
 full  for  the  doi'^'O^t  ,    yrtw.ulu  'rial:-  il.c  )v.,rre  w:t-  J       ;   ,  ■    r  >  cc 
 
 {rcoJ Uk**t  of  the Nobility  and  people,  whofe  help?  he  was  tottfe  therein  :  W 
 
 commanded  rhem  ail  to  be  fffembledt*  .?  Parliamert  a:  Par;*,  to  have  t>  .•«  / 
 
 by  theirwtfdcmeto  amend  what  had  iff  J  himfelfe  not  altogether  jo  wifely  been  do     , 
 
 «ndconfjdcredof*  A-idtl:is  v\:rre  being  at  Lfi  decreed  by  the  Counc  in 
 
 his  hand,  and  took?  good  ftu  cr Jfe ■.  Whereas  vvhcntl  c  Siib;c6li  fecthi  ^cr 
 
 without  coim!cli,or  contrary  to  the  wills  and  decrees  ott!.c  Sena"c  01  (  01  n:cll ,  then 
 
 they  contcmne  andfet  them  at  nai  ghc,  or  clfc  fearfully  and  negligently  do  the  com - 
 
 n-aiui  oftheir  Princes  $     of  which  contempt  or  Lavvcs,  Magifuatcs,   aid  fccjitioiaj 
 
 fp« 
 
 open 
 
 liTue 
 
 phew,  was/ y the  Barons  and  Lords  made  Proteihr  and  Regent   of  the  Readme  of  Speeds  H.1}. 
 
 Fr.nce,   untill  fuch  time  ?a  the Qucene  was  delivered,  who  being  brcugiir.ro  bed    P-^7*6  * 
 
 ofa  Daughter  onely,  hereupon  Piilip  was  crowned  Kintz-   Eecwcenc  him  and  King  \Z£f\ 
 
 Et:.wfdthe third  of  England,  and  then  Councells  ,  arc  fc  great  difputarions  for  the  Set 
 
 Right  and  Title  rothcCrowne  of  France  ;  for  it  was  thought,  and  rtrongly  argued   H'tfUfi 
 
 by  the  Councell  ofJEnglanS,  for  fo  much  as  Kin?  Edward  v.  as  fonne  and  f  ;lc  Hcirc  aac(,G?& 
 
 to  his  Mother  Queen  e  Ifibc/i  daughter  to  King  Philip  le  Bc«wy  that  he  fli  u'd  rather  j';/rf  *** 
 
 be  Kingof  France, then  Phs/ip  deValoyes,  that  was  but  Coufin  German  to  Philip  le 
 
 Le.iw  :  ,  O*  which  &\ip\\tzi'iOn$  ^thc  fiuallrefolution  of  the  Lords  and  Parliament ,wcs, 
 
 That  for  an  old  Decree  and  Law  by  Authority  of Parliament  Ung  bcforem.idc ,  (which 
 
 the Englifh  much  oppugned  )  that  no  woman  fiould  inherite  the  C*ti*hP  °f  France-, 
 
 therefore the Title  of 'Edward  4/  might  of fhe  Frenchmen ,  was  put  by;  and  Phil'p/7 
 
 an  All  of  the  whole  French  Statey(by  which  hii  right  w.is  acknowledge  d)    adn.it  ud  to 
 
 the  government  of  the  fame.    After  which  one  SimonPoylet  was  hanged  in  Chair.c% 
 
 Headed,  and  Quartered  at  Pars,  for  faying  in  open  audience,    that  the  right  ff  the 
 
 Crowne  of  France  belonged  more  rightfully  unto  King  Ed  v\  a  1  d^  then  to  King  P hil ip  $ 
 
 who  had  long  wanes  about  thefe  their  1  itles  to  the  Crowne. 
 
 A'ii>g(^M*ofFrEoce,in  the  fifth  year  of  his  reigne,  had  by  authority  ofthc  three   JJ^JJj  u 
 tilaces  ot  hisRcalmeaficmbled  in  Parliament  (co  wit  ofthc  foirituall  Lords  and    ir*  ^VctSm 
 Nobles,  and  Heads  of  C.itiesandgoodTowncsof  his  Kin^domc  )  3000  men  waged    tbigtmewA 
 forayeare,  granted  to  him  to  defend  him  and  his  Rcalmc^againlt  Edw-ird  th*  third    Ulfl;  ofFrance^ 
 K\ngoi England;  who  themxtyeer  following  took  A:ing  Ichn prisoner  in  the  field  :    m4*tp&hf  ^ 
 Whereupon  Charles  Duke  of  Normandy,  hiscldcft  fonne,and  Hcirc  apparent,  aiTcm-    km*  * 
 b'edthe   3   Eflatesat  Parifxnz  Parliamcntthcrchcld3cravingaid  of  tbcmto  redeem 
 theiroptivatcd  K  ng  ;  who  p^omifcd  their  uttcrmoft  helpherein  ,   dejlriag  conve- 
 nicnttimcto  confuh  thereof  :  Which  granted,  thethrceEihces  holding  tiuirCcun. 
 cell  at  theGV.zj  Fryers  in  ParL\ appointed  fifty  pcrfons  among  them  to  take  view, 
 atidmake  tearchof  cheg-icyances  andcvillgiudanceofthc  Rcalmc  ;  who  1- 
 
 miQatiofl  appointed  fix  of  tiemfelvcs  to  acquaint  the  Duke ,  That  the  i\y!n.e  before 
 time  had  beetle  m*fguidtd  by  ill  Officers,  and  except  remedy  for  it  were  fi&tfj  •■r:.;d9 
 it.fbouldfiiindinferill  to  be  Usi  1  wherefore  they  brought  him  to  ttifcharr/  r.'iifiichas 
 
 they 
 
*4  Tbe  SoToeraigne  po^er  of  Parliaments  andi\jngdoms. 
 
 they  would  name  unto  him,  and  over  that  to  forfeit  their  Goods  to  the  Kings  ufe. 
 And  firft  they  name  Peter  Archbiftop  of /^^ ,  Chancellor  otFrance,  Sir  Stmcnd 
 deBury,  chief  eCoiHifellor  of  che  King  and  Parliament  too,  Sk  Robert  de  LorUeke.- 
 foretimeCbambcrlaineto  the  King ,S  it  Nicholas  Brak?  MaRcr  of  the  kings  Palace?, 
 Engueram  BurgcfTeof  Parts  &  under  Treafurcr  o/tFranceJohn  Pry/ZSoveraigne  of  the 
 money  &  Kings  accounts,  and  John  Channeon  Treafurcr  of  the  K  ings  wars.  AH  which 
 Officers  they  would  fhould  be  difcharged  all  ro .  all  Offices  for  evenAlfo  they  would 
 that  the  King  of  Naveme  (then  imprifoned  by  the  King  of  France)  {hould  be  fee 
 free,  and  that7)«^  Charles himfelfe  would  be  contented  to  be  advifed  and  coun felled 
 by  fuch  as  they  fhould  appoint  unto  him ;  namely  ,    by  foptre  Prelates,  twelve  Knights, 
 and  twelve'B  urge ffe^which  eight  and  twenty  perfons  fhould  have  author  it  ie  to  rule  and 
 erdaine  all  things  neceffary  for  the Realme,  to  Jet  in  and  put  out  all  Officers  appertain- 
 ing to  the  Realmetwith  dtvers  other  requefls  which  unto  the  Duke  were  nothing  agree- 
 able: Vpon  which  requefts  the  Duke  gave  anfwere,  That  he  would  counfult  with 
 hisCouncelly  and  thereupon  would  fhape  unto  them fome  reasonable  anfwere.  But  firft 
 hedefired  to  know,  what  aide  the  three  Eftates  would  give  unto  him,  for  delivery 
 of  his  Father  :  Whereunco  was  anfwered,  that  the  Clergie  had  giveiaa  difme  and 
 abalfetobcpaidinayeare,with  that, that  they  may  have  licenfeof  the?^;andthe 
 Lords  as  much  to  be  levied  of  their  lands,  and  the  Commons  the  tench  penny  of  their 
 moveable  goods.   The  morrow  following  theZ)#^aad  his  CounccIImet ,  and  after 
 many  Meflages  betweene  them  and  the  three  Eftates ,    offers  to  reforme  fome  part 
 of  the  Articles.     But  theEftates  firmely  anfwered,  That  un/ejfehe  would  reforme  all 
 the  faid faults ,  and  confirme  the  faid  Articles  to  their  minde ,  for    the    Co/»mon- 
 wealth  of  all  the  Landy  they  fhould  not  aide  him  with  their  goods  f  like  as  they  (hewed 
 him.    The  Du^e  hereupon  fecretly  acquainted  King  John  ofthefe  proceedings ,  who 
 wrote  to  him  aaaine^  that  in  no  wife  heiiiould  agree  to  the  faid  requefts ,  and  to  the 
 end  that  thefe  matters  fhould  not  be  touched  in  open  Parliament,  hedeferred  the  de- 
 bate of  them  from  day  today  ;  and  atlafr  by  advice  of  his  Counccll,  diflblved  the 
 Parliament  ofthethteeEihtes,and  commanded  every  man  to  returne  home  without 
 any  effect  of  their  long  counfell :   Wherewith  many  of  the  faidperfons  were grievou fly 
 mfcon  tent,  faying  among  themfclves  ,  that  they  perceived  well  this  was  done  by  the 
 D  uk*  to  the  intent  the  requefls  by  them  devifeds  'fhould  not  take  place ,  but  that  the  old 
 wifyvernwce  might  continue  like  as  before  times  it  had  done:  Wherfore  divers  of  them 
 affembJed  againe  at  the  Gray  Fryers  y  and  there  made  out  diver*?  Copies  of  the  faid 
 rccjueffs,  tobc?r  them  jnco  their  Countries,  and  Chew  them  unto  the  ooo«i  Towues. 
 And  albeit  the  Z)^^afterthisCouncellthufdifoived,rfi^Vy^<?/^  Cttieof  Paris, 
 jNotethis*      and other  good  Town'es  to  maintains  his  wa-rs  ;    he  was  plainly  anfwered,    *  That  they 
 mioht  not  aydehim%unle\fe  the  three  Eftates  were  againe  reaffembl'd.andthat  the  grant 
 •f  the  ay  de  might  paffeby  the ■*>*  authority  :  Whereunto  the  Duke  in  no  wife  would 
 agrce.Tn  the  mean  time  the  3  Eftates  of  Lav Fuedoc&  fcmblcd  in  er^ir  Province  by  the 
 Earhf  Armenake.iYt  Kings  Lieutenant,to  makj  ayde  for  the  Kings  deliverance  ,agrced 
 to  purvey  at  their  proper  cofts  500  men  at  Arme§,with  a  furniture  to  every  fpeare,and 
 a  1000  fouldierson  horsbatke,  iooo  Arbdefres.  and  1000  others  called  Cjunfiers: 
 all  which  to  be  waged  for  a  whole  yeare  ;   and  farther  ordained,  that  no  man  ftotld 
 w  e  are  any  furres  of  great  price  :  that  women  fhould  les.ve  the  rich  *i tire  off 'their heads 3 
 and  wear  e  neither  pearle  nor  gold  upon  t'hem^  nor fiver in  their  girdle  s\  and  that a& 
 
 manner. 
 
The  SoTteraigne  power  of  Parliaments  and  Kjngbms.  3  ? 
 
 tanner  of  Alinflre/fe  Jlouldbe  put  tifiler.c?y  fo  long  at  the  King  remaimd  prifner  . 
 H'cDukc and  his  OJounfcll  after  this,  proclaimed  tuT  ns  cem  i  ie  coyncs  and  va- 
 lues of'money,  ncvvly  ordained  by  them;  with  which  Proclamation  the  Commons 
 of  the  City  were  gricvoufly  imoved  :  Andfor  reformation,  lYitProvoftofi 
 Chants  with  others,  rode  to  the Earle of  Angeou the  Dukes  Brother  and  Lieutenant, 
 (who  was  then  abicnt  at  CAleaux)  rccjuefttng  htm  to  ceafe  theufe  of  that  money  ;  And 
 if  not  they  would  ufe  fuch  meanest  that  it  (ho  ft  Id  not  bejufferedto  be  put  forth  nor  ta- 
 kenwtihintheC  ity  .  Whereupon  after  long  debate  it  was  agreed,  that  ti\ r  money  fould 
 he  flopped  till th  e  Dukes  pi  eafure  was  knownc  :  Vpon  whofcreturne^the  Dukes  conn - 
 fell  lent  for  the  Provoft,  and  de fired  him  to  puffer  thefaidmoney  to  run  and  be  currir.t 
 throughout the  J "aid  C ity  ;  which  y  the  ProvtJ}  with  his  company  utterly  deny ed  :  and 
 after  many  gten  and  bold  words,  departed  from che  Counlell  in  great  ire,  and  after 
 their  rcturne unto  the  City ,inccnfcd  focbeCommonaJty^trfat  they  fee  apart  all  wotk- 
 manfbip  and  Occupation,  (hutting  in  their  Shops,  and  drew  unto  their  Armour  and    •  So  it  j^ 
 Harnes.  The  Duke  informed  ofthismurmureofthcComraonilty  of  the  Ciry^flraitly    beesconcet- 
 commanded  theProvoftj  that  the  Kings  peace  were  kept  within  theCity  ;   and  that    vedbyfome, 
 hewithecrtainc  Citizens  fhould  appearc  at  the  Palace  before  him  and  hisCounfcll    the  King  by 
 the  next  day,  at  an  hourcaffigncd.-at  which  timetheProvoft  with  his  company  came    j^SE^ 
 and  wereconreyed  into  the  parliament  Chamber,  where chcDuke  and  hisGoun-    but  S'n  ndrvtrd 
 fell  were  prefenc.    1  hen  the  Duke  afrcecenainc  Challenges  made  to  the  ^rovofl  for    coolpin  »«JS- 
 hisobftinacy  andmiflcading  the  Commonalty  of  the  City,  faid  :    That  t  albeit  the  flitutes  on  Mag- 
 Ki*0  by  hid  *  Prerogative*  might  at  hupleafure,  andfor  his  advantage,  make  his  mo-    n*  ci)arla »  t* 
 nies  when  he  would,  andfo  tofuffer  them  to  be  currant  thorow  his  Rra/me  j  jet  for  the    ^'  \°Jc\y 
 ivea/e  and  cafe  of  his  Subjects  t  confidermg  their  manifold  and  late  charges,  he  was  con-    ,  rovcd  die 
 tent  that  at  this  feafon,thu  new  money  pjouldbe  /pared  j  and  that  the  ^.eftatesfjould    contrary j  that 
 he  a^ain •eaffembled,  andthat  they  fhould  dtprive  all  fuch  per fons  thenbeanng  Off  res   thc-Kingbyhis 
 as  they  [heuld  thinkf  prejudicial/  to  the  Realme,  and  ever  that, to  ordamefuch  Money    Prerogative 
 as  might  be  beneficial/ for  the  Land  :  Or  all  which  Grants  tfeeProvoft,  to  the  intent,    tion  cannot  al 
 thathemigheof  authority  fhew  them  unto  the  Commonalty  of  the  Citie,  defued  a    tCr,  enhanfc 
 writing:  The  which  the  <Z)/8%toappeafe  the  people,  though  it  were  much  contrary    »r  abafe  his 
 to  his  mindeand  his  pleafure,  granted  unto  his  rcqueft.    The  thirtieth  day  or  tanua-    c0^,Lu,tin 
 ry  enfuing,  the  Duke,  at  the  rcqueftofthe  faidProvoR,  fentcertainc  Officers  to  the    H!:i:JL^f 
 
 .'       r         P  i  i        l  r    i      c        -r  •  r    i      *■»       \  i      r       Parliament 
 
 nouies  of  Simon  de  Burg,  and  others  acculcdot  miigovemmg  oftnc  Realme,  whole    ©nth  becaufc 
 houfes  thefaid  Officers  leized  and  made  Inventories  ofthcir  goods;  ThatdotiCjthe    it  is  contrary 
 DukcfcntoutCommiiTions,andaflembJcdtheThiecE(:latei>3gaineatr^/>;thc  15.    tofundrySti- 
 d*y  of  February  :   Where,  in  the  parliament  chamber  in  the  prtknee  of  the  Duke,    lurcs»!tlschc 
 Eftates,  and  divers  Nobles,  Robert  Coke  Bifhcp  of  Lao  n  by  command  of  the  Duke,    ef  trade  and 
 made  a  long  Oration  yof  the  mifgutdwg  the  KmgandtheL  md  by  meanesof ' cvill  Of-    every  rr.an* 
 ficers  yas  well  by  changing  of  money  ^  as  other  many  unlaw fuil  Excifes  and  Taxes  ,   u     iftatc  o  1  fifts 
 the  great  impoveri foment  of  the  Commonalty  of  the  "Realme,  and  to  tkefingular  enrii    -     j"  ,r» 3I)^ 
 ing  and  advancement  :f  the  faid  Officers;    Wherefore  the  Three  Eftates  prayed, that  all       **  imrTft 
 fuchOfficers  may  be  removedfrom  their  Offices,  and  other  that  ft  -ore    therein  n 
 
 bene  fie  tali  for  the  King  and  his  Rea/me  to  be  admitted  :   Of  which  Officers  the  Arch-    cannot  I. 
 b  tfh  op  of ^Roan  (then  newly  made  Cardinally)  was  noted  for  one,  dud  other  tother.um-    rc^  f>  r 
 bcr  of 2U  whereof fome  vocre  right  neere  ti  the  Duke*   After  which  Oration,  Sir  John    ^Gnnno; 
 de  Pigejumey  in  the  name  of  the  Three  Eflates  offered,  Tha:  >  nld   £, 
 
 Dd 
 
— '  ' ■  ■   •■■  -  ■ 
 
 z6  The  SoTteraigne power  of  Parliaments  and  Kingdoms. 
 
 finde  to  the  King  50000.  men  for  an  whole  y  ear e,  fo  as  att  things  might  after  that  day  he 
 ordered  as  the  Bifiiop  had  before  devifed  :  ^4/1  which  Articles  were  unto  them  by  the 
 Duke  granted,and  incontinently  a/lfuch  Officers  as  they  before  had named  were  clearly 
 avoided^  andothcrfuch9  ashy  the  [aid  3.  Sftateswere  thought  mo  ft  necejfary  y  were  put 
 and  chofen  to  their  roomes>  except  that  fome  of  the  old  (as  Af afters  of  Recounts  and 
 
 feme  of  the  Pref dents  and  Mafters  of  the  Requests  )  were  holden  in  for  a  time  ,  tofhew 
 tint*  phenewthow  they  fhould  order  and  guide  their  fold  Offices :  Andihe  26  of  March 
 'was  a  new  money  proclaimed thorow  Par  is  yf itch  as  the  fa-id  ^.Eftates  bad  newly  devtfed. 
 The  King  informed  of  this/ends  the  Archbi(hopofi<f«»aand  two  Earles  from  Bur. 
 deaux  where  he  wasprifoner,  with  a  Proclamation,  which  they  caufed  to  be  proclai- 
 med in  Paris  the  6  .of <*AprilfThat  the  people  fhould  net  pay  fitch  Subfidies,as  the  3.  £- 
 ftates  had  ordained  for  the  waging  of  the  $QQQOtmen  afore faid, or  for  the  Kings  fin  e\**:d 
 alfo  that  the  3.  Eftates  after  that  day  pjould  no  more  ajjemblefcr  any  caufes  or  matter 
 before  touched,  till  they  had  farther  knowledge  of  the  Kings  pleafure :  For  which  Pro- 
 clamation the  Citizens  of  Paru  much  blamed  the  faid  Bifhop  awd  Earles,    who  pur- 
 chafed  i:,  who  as  fooncas  this  Proclamation  was  made,  for  feare  of  the  people,  fled 
 from  Paris*    Vfon  this  Proclamation  the  Commons  waxed  fo  mady  that  they  left  their 
 occupations ,  drew  them  to  Conventicles  and  Companies,  and  ufed  many  unfit  ting  words 
 of  the  King  and  his  Counfe/l :  Whereupon  to  avoid  inconvenience,^*?  eDukecomman- 
 ded  a  Watch  to  be  kept  in  the  City  day  and  night,  and cert aine  gates  of  the  City  to  bee 
 keptfhut.  Vpon  the  0.  day  ofCjpril,  another  Proclamation  was  made  all  contrary  to 
 that  other .  By  vertue  whereof,  it  was  charged,  that  the  fore-faid  Subfidiesjhould  bee 
 levyed,  and  alfo  that  the  3 .  Sslatesjhouldre-ajftmbleat  Parist  the  5.  day  after  £a/tert 
 and  there  to  proceed  upon  allfuch  matters  as  were  before  by  them  be  gar.   W  henthe  E  - 
 ftatcs  roeetagaine  tbeiegrew  a  difference  between  them  and  the  Duke,  about  the  fub- 
 Gdies  for  the  finding  of  goooo.  men,  the  furnmc  afleiTed  for  that  putpofeb-ingtoo 
 fmallby  much,  the  Clergy  and  Lords  then  refuting  to  pay  any  more  then  they  were 
 firft  feffed  unto :  By  meanes  of  which  difference,  the~a{Tembly  of  State  was  diffolved. 
 Whereupon  ftrait  command  was  given  by  the  Duke  to  the  Provoft  of  "Tarts  and  o- 
 thers  (who  bare  principal!  fway  within  the  City,  and  were  great  ftricklcrs  and  doers 
 ituhc  AfTemblies  of  the  5.  Eftates,  fo  that  much  of  the  bu(ineffe  was  ruled  by  them 
 and  their  meanes ;)  that  they  fhouldceafe  their  Authority ',  and  not  to  deale  any  more 
 with  the  rule  of  the  Realme,  but  onely  with  the  good  rule  and  government  of  the  City  of 
 Paris  :  That  done,  the  Duke  rode  about  to  divers  good  Towne/,  making  requeti  to 
 them  for  aydc,  and  to  have  this  new  money  currant  among  therm    But  he  fred  little 
 ofhispurpofe*  Then  fhonly  after  he  affcmbled  at  Pans  ccrtaineperfon  of  20,  or  -go. 
 Towncs  next  adjoytting,  with  whom  he  held  a  Counfellforfundry  dayes ;  who  in  the 
 end  {hewed  him ;  that  they  might  bring  nothing  to  effeft  without  the  affembhng  the  3. 
 ft  at  es^be fought  him  that  they  might  be  eft-foon  affembled,trufting  that  they  would  then 
 fatisfie  hisminde:  Upon  which  the  Duke  fent  forth  CommilTions,  charging  the  faid 
 3*  Eftates  to  appcare  before  him  at  Paris  the  next  Wedncfday  after  All  Saints  day  5 
 which  they  did,  where  tlieDuke  coudifcending  to  their  former  Articles  he  gave  the 
 KingofT^jivarre  and  the  3,  Eftates  full  content ;  whopromifed  that  they  would  de- 
 mesne chemfelvesto  his  Father  and  him,  as  true  and  dutifull  Subjects ;  and  advifing 
 
 .  himtotakeupou  htm  the  Government  of  the  Realme,  they  created  him  Regent  of 
 Francs \  during  his fathers  imprifonment*   Aftci  this  hee  affcmbled  the  Eftates  and 
 
 chicfe 
 
The  SrteraignipQWir  of  Parliaments  an  J  t\ingdt>ms.  zy 
 
 chietcBurgetVes  o'  Cities  at  7^. v, and  acquainted  them  with  the  Kingot  /,'^/^«J 
 large  demands  for  his  father*  i:i!argemcnt;   which  were  fo  di'j'leafing  to  hA  fbf  compa- 
 ny t  that  thiy  anfir ered,  The f did  Treattewas  neishcr  honourable  wr  profit  able  .   tsind 
 rather  then  the  Kingfiouldbm  le  htm  and  hi*  land  to  fuch  inconveniences  ,  thej  would 
 prepare  torn  kejbarpe  rVarrcagatr.ft  England:  whereupon  they  granted  to  fmde  divers 
 thoufands  ofmtnat  Armst  at  their  owne  cofis ,  for  certain  moneths tto  nlievothe  King  i 
 And at(f)anotherParliamcntafTciribJcd  when  loin  was  deadend  ££*v/*/camcco  ti  e   fq\  Fabian, 
 Crownc,  they  granted  an  excifcof every  4  penny  ofall  things  bought  and  fold  for  tl.c    »artr»p .jofj 
 mainten3nceoth:s  wan cs>  th:  fpir kuaJ:y  granted  him  a  difme  f  and  the  Lord> and    io^Ji'tJ1* 
 Gentlemen  were  (tinted  at  a  certaine.    And  in  the  eleventh  yeare  of  Kis  reigncjic    Gti£rallH$- 
 aflcmblcd  his  great  Counccll  ofPailiamentat  Parte,  w  here  among  many  A£U  made    l^J^Jlgi^i 
 forthe  wcaleoftheRcalme;     hc3mth  the  ajfent  of 'the  Lords  and  Commo»s  there,    _ 
 fembledy  enacted  for  a  Law  after  that  cby  to  be  continued,  That  all  Hares  of  the 
 Crowneefttzncty  their fathtrt  bem^dead^maybe  crzwnned  as  Kings  of  France,  fo 
 foone  as  they  attained  to  the  age  offourtccieyetrs.     And  in  the  fifteenth  ycarc  of  hi$ 
 reignc,  the  (r)rDhl{e  off landers  granted  to  thofe  of  (jaunt  fuch  Articles  of  agreement,    (r)  Tokian. 
 for  the  confirmation  of  their  liberties ,  the  repealing  #/"illegall  taxes,  the  electing  oft  heir    yart.  7  p.Jtfl 
 
 pofc  any  taxes  on  them,  without  their  grant  and  content ;  the  contrary  whcieof  cau-    n  alim^bam 
 fed  many  bloudy  warres  among  them.  Hl^Angl^ 
 
 Charles  (/)  thefeventh  (after  /*£/.?/>/ accountant  fixt  after  the  French  HifUry  )    iV^rf' 
 a  Childcofthirtceneyeares,by  reafonefthe  difference  between  the  Lords  whofhould   j,^]    /t"  * 
 be  Vicegerent,  was  by  the  advice  of  the  major  part  of  the  Lords,    for  the  common    35^^,357. 
 goodof  thehealmc,Cr«wned  at  Kajnes  within  the  age  of  fourteen  yearcs,  contrary    *f3,i*j,364« 
 to  a  Law  made  in  the  eleventh  yeare  of  his  Father.     In  the  fourth  yeare  of  his  reigne,    T^f«avr«|f 
 the  Citizcasof  Parts  murmuring  and  grudging  for  divers  impofitions  and  taxes  ur.-    ^MVrAnf^ 
 duely  leat icd  upon  them,  fuddeniyarolc  in  great  multitudes, intending  to  hare  diftrcf-    Jffjiifoj 
 fed  fomeofthe  kings  Hon  mold  :  Whereupon  foonc  after,  the  Kings  Counccl!  con(i-    bft, 
 deringthe  weakneffeoftheTrcafure.and  his  great  charges  and  needs ;  and affemb ling 
 a  T arltamentof the  Rgleri  of P  ari5f  Roan,  and  other  good  Townes  ,  exhorted  themtc 
 grant  the  King  in  way  of  Subfidy,  twelve  pence  in  the  pound,  of  allfuck  Wares  ar 
 that  day  currant,  for  the  defence  of  thcRealme  andfubjeets.      rothc  which  lcqueft, 
 after  con  fultat  ion  taken,  it  was  aafwercd;  That  the  people  were  fo  charged  in  time. 
 pafiythat  they  might  not  beare  any  more  charges  tiH  their  neajfity  were  othtrwtfe  re- 
 lived: and  to  tlic  King  and  his  Counccll  at  this  time  wcredifippoime<\   In  his  fc- 
 ycfith  yeare,  by  the  Tiuke^tAngeau  his  procuring,  a  tax  was  laiduponchc  Com. 
 mons  of  France  {  wichont  the  three  Eftates:  )  Which  to  bring  to  efTe^,  many  frieuds 
 and  promoters  were  made,  as  wcllof^itizcn^as  others.   Whereupon  the  (fo ;nm  on  > 
 of<P'»r«and'2^/*'*  became  wilde,  aflembicd  in  great  companies,  cbofe  them  Cap- 
 tains, andkept  watch  day  and  night,  as  if  enemies  had  been  about  the  Citie  ;  utter- 
 ly refuting  to  pay  that  Tax.    This  Charles  being  none  of  the  vsifeft  Prince,  ruled  by 
 his  houfhold  fcrvants,  and  belecving  every  light  Talc  brought  unto  him ,  ( t)  march-   W  *&**#& 
 ingagainft  t\\cDuheo£  Brittawe.zs  he  came  n  care  a  wood  ,    was  fudJenly  mciof  a     /*n    *[*' 
 manhkea  Beggar,  which  laid  unto  him,  jrhithergoejt  them  Str  King  f  beware  then    %l  -  iaf, 
 
 D  d  2  got 
 
*8  The  Smxraigncpwer  of  Parliaments  and  Kingdoms. 
 
 goe  no  further  %f or  thou  art  betrayed ,  and  into  the  handf  of  thine  enemies  thine  owne 
 tArmy  jhall  deliver  thee %     With  this  monition  the  King  wasaftonied,  and  fiood  ftill, 
 and  bcg3n  to  rau(c.  In  which  ftudy  one  of  his  followers  that  bare  his  Speare,  flecping 
 on  Horsback,  Icthis  Spear  fall  on  his  fellowes  Helmet;    with  which  flroke  the 
 King  was  fuddenly  feared,  thinking  his  enemy  had  come  unawares  upon  him;  where- 
 fore in  anger  he  drew  his  fword,  flew  foure  of  his  owne  Kinghts  ere  he  refrained,  and 
 took  therewith  fuch  a  deadly  fear,as  he  fell  forthwith  diltra&cd,  andfo  couiuued  a 
 longfeafon,  being  near  at  the  point  of  death.  Whereupon  his  brother  Leweso?  Or* 
 /*4w.f,being  bat  young,  the  Statei  of  France  thought  it  not  convenient  to  lay  fo  heavy 
 a  burthen  upon  fowcakcHionldersi  wherefore  his  twoVncles  the  Dukes  of  Berry 
 ™&BurgoineyBY  tsfVTHORITT  OF    THE  ST  AT ES   OF    THE 
 L  AND,  fpecially  aflfembled  inParliamentupon  this  occafiou,  tcoke  upon  them 
 to  rule  the  Realme  tor  that  fcafon  9  it  being  ordered  by  a  fpeciall  Law,   that  they 
 jhouldab  [vain  from  the  name  of  TZ&gent,  unfit  in  this  fudden  accident ,  the  King  being 
 alpve^and  of  years :  Andbecaufe  the  Dukeoi  Berry  had  but  an  ill  name^to  be  covetous 
 and  violent, and  was  therefore  ill  beloved  ohheFrench,  his  younger  brother  Philip 
 T> uke  of  Burgoynyhzd  the  chief  c  charge  impofed  on  him ;  and  though  the  Title  was 
 common  to  both,  yet  the  effect  of  the  author  tic  was  proper  to  him  alone ,  who  chan- 
 ged divers  Officers.     After  which  the  Duke  of  Orleance  was  made  Regent  y  being 
 the  Kings  younger  brother,who  prcfling  the  people  with  quotidian  taxes  and  tallages, 
 and  theipiritual!  men  with  difmes  and  other  exactions,  he  was  at  length  difcharged 
 ofthatdigni.ie,  andtheD/*^  of  Burgoyneput  in  that  authoritic.     After  this  our 
 («)  chron.i.      King  (u)  Henry  the  fift^gaining  a  great  part  of  France ,  and  pretending  a  good  title 
 &.f9K*U         totheCrowne   {  re-cited  at  large  by  (x)  Hall  and  Iohn  Speed)  the  Frenchmen  to 
 (x)Hifip.7%6.   fcttlc  a  peace,  made  this  agreement  with  King  Henry:    (ys   That  he  fhould  marrj 
 (9  \¥*abi<m        Katharine  the  French  Kings  daughter,  and  be  admitted  Regent  ^/France  ,  and  have 
 part.j.pter,      the  -whole  government  andrule  of  the  Realme^  during  Charles  hi*  life '■,  who  fhould  be 
 $00,475.  K ingofFrancc3and take the  profits  of the  Cr owne  whilefi he  lived;  and  that  after  the 
 
 GenerallHi^if  deat^  0f  Charles,  the  Crow  neofFnncc,  with  all  rights  belonging  to  the  fame  fauld 
 rt^P^^"   remawe  to  King  Henry,  and  to  his  Heir es  Kings  :  That  the  Lords  fpir  it  u  all   and 
 ^iSnzham  '      temporally  and  the  Heads  and  \Ralers*f  Cities,  Cafiles  and  Towner,  (hould  make  Oath 
 GtaftonyUail.      *°  KingHcnry,  to  be  obedient  to  his  lawfu/l  commands  concerning  the  [aid  %egency> 
 and  after  the  death  of  Charles  to  become  his  true  fub jells  and  liegemen  ;  That  Charles 
 Jhouldin  all  his  writing  name  King  Henry,  his  mofl  deareflfonne ,  Henry  King  o/Eng* 
 land,  and  inheritour  of  the >  CrowneofFvmcc  ;    That  no  impofition  or  tax  fhould  be 
 put  upon  the  Commons  of  France,  £#/  to  the  necefary  defence  and  we  ale  of  the  Realme ; 
 and  that  by  the  advice  of  both  Councelsofthe  Realmes  ^/England  and$tzncctfuchfta- 
 bit  (bed  Ordinances  might  be  devifed,  that  when  thefaid  Realme  <?/ France  ffo>uldfa/l  to 
 the f aid  Henry,  or  his  Heires,  that  it  might  with  fxch  umty  joyne  with  the  Realme  of 
 England,  that  one  Ktng  might  rule  both  Kingdomes  as  one  UWonarch  ;  referved  aU 
 wayes  to  either  Realme  all  Rights s  Liberties ,  Franchifes  and  Lawes,fo  that  neither 
 '")Fabia»  Realme  fhould  be fubjeEt  unto  other y&c.  Which  Articles  were  ratified  and  agreed 
 
 t*rt.7>f47u  with  the  consent  of  the  more  part  of  the  Lords  fpirituall  and  temporal!  of  Francs  -. 
 41%.6encyail  But  (*,)  Qharles  dying,  his  forme  Charles  tbeeighr,  was  by  fome  p3rt  of  France ,  and 
 Hifl.  of  Fiance^  yearly  Lofds,  reputed  and  knowledged  King  ,  but  not  crowned  whiles  the  Duke  of 
 ?!!iJ?  i>V W lived  and rerpained  Regent:?  our  Henry  thefixth,  both  in  Paris  znd  many 
 
 **"'  J  other 
 
The  Srtcraign polnr  ofParbamcnts  *nd Kingdoms. 
 
 othercicici,  being  allowed  for  Vv:%oU  rancr*    After  his  death,  bis  ionnc  if)  Lewes  (4)FjW«rJ 
 
 the  eleventh,  (as  Fabian  nccourus )  by  lircngih  of  friends  was  crownedking  of  feruf.p»4y% 
 France;  who  refulcdihecounfcll  and  company  of  his  Lord*-,  and  drew  unto  him,  ai    ^M1*)^ 
 ^ischicfeCounccJIors^iIlaincf  and  mcnoHow  birch,  as  Iohnde  Lu  Ut  John  B*ln4%    GefKr!i'1  /"?. 
 Oliver  Devilt,  (  whofc  name  for  odioulneflc  he  changed  iwx.o'Daman')  wich  others,    °'  hr£nce 
 whom  he  promoted  to  great  honours  and  placet :  VVhercupon  die  Lords  murmured, 
 and  were  fodifcoa  tented, that  the  /X^*/#rJfr««<?,aixl  others, withdrew  them  from 
 cheking,and  refilled  to  come  unto  his  prefenccwhen  he fcncforchcm, railing  a  great 
 power:    Aufi  when  no  peace  could  be  mediated  betweene  the  king  and  them,  they 
 met  in  a  plainebattcil  at  Cbartres,  where  many  were  flainc  on  both  fide?,  but  the 
 kin^  loft  the  field.   After  which  an  accord  was  made  betweene  them,  but  the  kin» 
 continued  his  old  courfes,  delighting  more  inthc  company  o:"lewd,irrevcrentpcrfons, 
 to  eate  and  drink  wich  them,  and  to  heare  them  talkeof ribaldry  and  vicious  fables, 
 then  to  accompany  his  Lords,  which  might  have  won  him  much  honour,  going  hker 
 zScrvii"  ma*  hen*. Prince  :  and  being  agreatoppreffbrof  hi » (ubje^ts  to  maintainc 
 hi>prodiga!i;y,  for  lack  of  money,  he  wa;  driven  ofneceffitic  to  aske  a  prcftc  of  the 
 cit  ens  of  Pwr/i ;  who,  after  many  excufes,  which  migh:  not  be  allowed,  they  hil- 
 ly denyed  the  kings  pkafure.  VVherewichall  he  being  grievoufly  difcontcntea,  re- 
 moved divers  from  their  offices,  and  put  many  of  the  richeft  and  head  men  of  th£* 
 citicto  death,  upon  furmifed  caufes,  without  proofs  of  justice :  F or  which  caufrs,  a  id 
 many  other  opprejficns ,  the  Lords  againeajfembled  their  people,  intending  to  fubdue 
 the  ktnr9  andtofethis  brother  in  his  place ,  or  to  caufehtm  otherwife  to  rule  the  Com. 
 monwealth:  To  which  end  all  the  Lords  met  at  a  To wnc called  Stampesy  where  they 
 continued  their  Counccllfiftccnedaycs,  and  then  marched  to  Paris,  fending  four  fe- 
 >  veraIHetter*unto  the  citie  ;  one  to  theBifriops  andfpirituall  men,  the  fecond  to  the 
 '^onfuils  and  headmen,  the  third  to  the  Vniverfitie,  the  fourth  to  the  Commo- 
 nalty ,   Signifying  ,    That   neither    they  nor  any  of  their  company  were  come  thi- 
 ther as  enemies  to  the  Citie ,    or  to  warre  agawft  it ,     or  the  ^cmmonwc.\l:h   of 
 the  Land;  but  for  the  tnereafe  and  augmentation  thereof  to  the  uttermoft  of  their 
 powers.  Whereupon  thefc  fourc  parties  lent  certainc  Orators  for  them  to  the  Lords, 
 who  after  long  communication  with  them  had,returned  to  the  citie  with  this  report ; 
 Firft  ,  the  Lords  would  that  the  inhabitants  of  the  City  fljould  confider  the  conditi- 
 ons of  the  Kwgy  which  yearly  opprefed  his  Subjects  with  tax<s  and  other  grievous  fer- 
 vages.     Secondly,  how  he  defpifed  the  noble  bloudofhis  %ealmc,  and  drew  to  him  VtU 
 lames  and  men  ef  no  reputation ,  bywhofe  counfell  ontly  all  the  Common-weals  of  the 
 Land  was  guided  and  ruled.    Thirdly,  how  hee  ruled  his  Subjects  by  force  and  will 
 without  adminiflration  ofjujlice^ndbimfelfin  ak  Counfels  And  parliament  sis  Judge 
 of  all  caufes,  andcalleth  himfelfe  Ceunfils  and  Parliaments  more  for  this  fix gular  weale 
 then  for  the  Common»wcale  ofhisRealmem   Fourthly,  how  he  enbannfed  men  of/oiv 
 birth  to  great  honours,  and  caufed  Noblemen  to  be  obedient  unto  thcmy  intending  to 
 bring  thefaid  ignoble  men  to  be  ecjuallwith  the^Prwccs  of  the  Land.    Fifthly,  how  the 
 Lawes  be  delayed  and boljlered  by  fuch  as  fiandin  bis  favour,  wherethrough  at  this  d*y 
 Law  is  will,  and  wiH  is  Law  j  a>id  no  man  almoft  in  any  furety  of  life  or  goods  \  iufe- 
 much  that  daily  many  have  been  banified.md  put  to  death  for  unlaw fuU  caufes,  and 
 stffbto  any  Noble-man  at  this  day  no  power  cr  roome  of  honour  telongcth;  fe  that  to 
 the  wild  Beafls  in  the  Forrefs  appertained  more  Liberty  and  furtty  then  to  the  mort 
 
 Dd   3  part- 
 
30  The  Soyeraigne  power  of  Parliaments  and  Kingdoms* 
 
 party  of  the  Kings  fub jells.  Sixthly,  The  great  taxesandfummes  of  money  which  daily 
 he  levied  of  the  Commons  be  not  fpsnt  in  the  Kings  honour  Able  needs ,  and  for  the  Com- 
 monweals of *tbe  Realmetbut  are  /pent  vainly  andriotcufly  ,and  bribed  out  of 'the  Kings 
 fojfcrs;  for  which  enormities and \mif governance 'with  many  other ythe  [aid,  Lords were 
 come  thither  in  defenfiblewayes  for  the  fafe guar  d  of  their  owneperfons  yas  to  the  head 
 And  principal!  (fity  of  the  %ealmeyfsr  to  have  aide  and  (founfell,  to  reforms  the  forefaid 
 evills^not  intending  any  harme  to  the  Kings  perfon3oryet  to  remove  him  from  his  regality 
 or  Kingly  LMajefiie ;  but  to  induce  and  advertise  htm  to  that  which  fhouldbefor  his 
 honour  and  the  weale  of  his%ealme,  and  to  live  in  wealth  and  honour^  as  his  2fjble 
 Progenitors  lived  before  him ;  For  which  caufes  and  considerations,  thefaid  Lords ,  as 
 the  Kings  true  Subjccls,  and  friends  to  the  Commonwealth  of  the  Land,  and  of  that 
 fity,  dejired  to  enter  there  to  refrejh  them  and  their  people ,  and  to  pay  truly  for  all  things 
 they  fhould  take  %  without  do'mgh  arm  e  or  violence  to  any  fierfon.  All  which  requcfts  and 
 matters  ofthe  Lords  fhc  wed  to  the  Inhabitants  ofthe  <Jity,by  fauour  of  tonic  fi  i  rnds 
 they  there  had,  it  was  with  the  more partie  well accepted,  andthought  convenient  they 
 fijtuldbe  received  into  the  (fitie  j  but  by  meanes  of  the  Earle  otDavoife  it  was  refpi- 
 ced,  till  they  had  further  knowledge  ofthe  Kings  plcafure:who  commingout  ofNor- 
 mandie  into,  Paris  after  diuers  Skirmiflies,  the  King  and  Lordi  fell  to  a  Treaty  of 
 peace,  whereupon  Commiflioners  on  both  (ides  afTemb'ed  and  communed  together 
 by  fundry  times  two  dayes ;   Jn  which  feafon  new  firength  of  Souldiers  came  to  the 
 King  out  ofTformandi.The  Treat  ie  hanging  long ,  and  a  longer  Truce  being  proclai- 
 med, the  fouldiersfell torobbmg%  and  other  unlawful!  alls;  and  at  laft,  through  obfiU 
 nacy  on  both  parties,  all  offers  wererefufed  y  and  the  day  of  theTrttces  expiration  ap- 
 proached ^without  hope  of  accord  \  whereupon  provijions  for  warre  were  made  on  both 
 fides*  Then  begun  grudge?  andmuxmurcs  bctweene  the  kings  fouldiers  and  the  citi- 
 zens of  Paris:   and  fhordy  after  newes  came  to  the  king,  that  the  Cattle  andCitie 
 oiTH&an  wasycelded  up  to  the  Dukeof*Burbcn  :  Whereupon  the  King  confidering 
 what  oreat  advantage  the  Lords  had  of  him,  both  by  firength  and  favour  ofthe  Com* 
 mens  ,  which  daily  drew  unto  them  by  (undry  companies,  m  avoiding  of  mors  danger  ^ 
 concluded apeace:  which  being  proclaimed  thorowout  all  France  ,  the  King  and 
 Lords  met,  to  whom  the  King  ihewed  great  femblance  of  kindeneffe ,  fpeeially  to  his 
 brother  Charles  Duke  of  Normandy ;  w  herein  appeared  great  diffimuUtion  ,    Lewes 
 bsing  of  fuch  conditions  ,  That  what  hemight  not  overcame  with  firength  ,  he  would 
 win  with  diffimuUtion  and  treachery.     Not  long  after  the  King  warred  upon  (fharles 
 his  brother ,  the  Duke  of Burgundy  and  Brittaine,  and  a  Treaty  of  peace  being  pro- 
 pounded betweenethem,  Charles  anfwercd ,  Thatifaperfeft  concord  fhould  be  efia- 
 blifhedbetwcenthe  King  and  him ,  it  Jbottld  be  authorized  by  the  whole  confent  and 
 counfeHofthe  Barons  ofthe  Reatme.   With  which  the  King  being  content,  at  Turon% 
 in  chcmonethofcx^r//,a  d  tenth  yeare  of  his  reigne,  aflcmbled  a  counfclJ  of  his 
 Lords  fpiituai  I  and  temporal!,  in  trie  which  the  demands  of  Charles  f  and  offers  of 
 the  king  were  fhewed:  And  after  the  faidCouncell  had  at  length  reafoned  the  faid 
 demands  and  offers ,  it  was  finally  determined,  That  the  Dutchy  o/Norrnandy  wasfo 
 appropriateduno  the  King  of¥tince%and  to  hi*  heiresythat  in  no  wife  it  might  be  dijfeve- 
 redfrom  the  Crowns;  bnt  that  aperfell  unitie  might  be  hadbetweenethe  Kin^r  and  his 
 brother,  the  King/bould  be  infianced  to  give  yearly  to  his  brother  in  recompence  ofthe 
 faid  Dutchy,  12000  pounds  of Turon  money,  with  certain  land  to  be  affigncd  with  the 
 
 name 
 
The  SoTteraigne  power  of  Parliaments  and  I\ingcims.  3 1 
 
 name cf<tD::l^y  and  j\oooo  Annnd V  rent  f/V'V  ™°*<J  dart**  hii  n~.tHr.ifl  ltfe9ft     u 
 
 fortion<uhc  claimed  to  bt  >  ,unhm  the  Realm?.   Toall  which  the  king  agreed, 
 
 and  topardoiuheDukcof  otfciKcs  sgninfthis  M.ijcftie,  end  nil  fuel)  LouMnip*  as  he 
 
 had  wonne  from  himia  /?>//7*;;r,  tordtore:   which  offer*  (.tjar/rjicfufing    was  the 
 
 ycaic  following  concerned  with  the  Dutchy  »f(/*V4*one)y,and  !o  the  warre  of  N  »- 
 
 tnandy    ceafed.     After  Lewes  his  death   inott   of  his  fpeciall  and  dearcH    beloved 
 
 Servants  and  ilJ  Councellours    (  whom  he  fpcci illy    recommended    to   Ins    foni:e 
 
 Charles  the  ninth  on  his  death-bed  )  came  to  dtfgractfull  endl  :  (  b  )  Our  Dam-    p2t"  4** 
 
 ynan  was  beheaded  for Trcafon,  and  IohnBojacon  for  t  cfj-aff:  and  hatred  unto  the    ; ii,<it  jaj. 
 
 common  people  by  hisdtfert,  was  with  all  flume  brought  to  the  Market  placet*  P.-.- 
 
 rist  and  there  bereft  ofboth  his  ears,   and  then  baniflicd  the  Court  tor  ever ;  by   rea- 
 
 fon    whereof   arofe  thif  prorcrbc  among    the  Frenchmen  ,  frmctpibus  obfiejni 
 
 ■:ayeditannm  none Jfe ,  The  favour  of  Princes  is  not  hereditary.  (c)Phil.pde  Commit    (c)Phi 
 
 nes  mTng  under  Lewes  the  eleventh,  anJ  Charles  the  eighth,  by  whom  he  was  nude    C«»Xf**tf« 
 
 I  ordof^fr^r^rcw,  being  in  high  favour  with  them,  and  a  great  Counccilor  of  State, 
 
 hath  this  notable  paftage,  againft  theFrcnch  Kingspower  tlcn  to  impofcany  taxes 
 
 on  their  Subjects,  without  their  free  aflents  in  a  Parliament  of  the  $.  Eltatcs,  though 
 
 the  contrary  be  now  daily  pra&ifed  ,    to  the  intolerable  grievance  of  the  lub.-ccb,- 
 
 (c)  Is  there  any  King  or  Prince  that  hath  paver  to  lenvte  H*e  penny  h  on  his  fubjctls, 
 
 bejtdes  his  de  mains ,  without  leave  or  confent  of  thofe  that  mui}  pay  it ,  unleffeii  be  by 
 
 yrannie  and  violence?  ±A  man  will  fay,  thatfometime  a  Prince  cannot  tarry  to  affemble 
 
 its  Efiates,  becaufeitwouldreejuiretoo  hngtirne*     whereunto  I  an f were  ,  That  if  he 
 
 woveaJVavre  off  en  five  3there  needeth  no  finch  hajJe,  for  he  may  have  lei  fur  e  enough  at 
 
 kit  ownepleafure  to  make  preparation  ;  and  further,  he  (hall  be  m'tch  ftron^t  r.and  wm  j<j 
 
 more  feared  of  his  enemies,  when  he  moveth  warre  with  the  con fen  t  ofhisfuhjeiis  ,  then 
 
 therwifie.   Now  as  touching  a  warre  deft  nfive ,  that  Cloud  isfcene  long  before  the  tem- 
 
 s/tfall,  efiteciaUywhenitU  aforraine  warre ;  and  m  this  cafie  good finbje^ts  ought  not 
 
 0  complainey  r.or  torefufie  any  thing  that  is  laid  upon  them  :  Notwithflanci 
 nvtifion  eannothappenfo  fiuddenly  y  but  the  Prince  may  have  leifure  at  the  leafi  to  call 
 occter  cert  awe  wifeperfonages,  to  whom  he  may  open  thecaufies  of  the  warre ,  fife g 
 to  collu'fion  therein,  neither  fietknigto  maintain  e  a  triflingwtrre  upon  no  neceffitie^ '  erc- 
 7  to  have  Come  colour  toleavic  money.  \J4fonry  is  alfo  neceff.  ry  in  time  of  peace ,  pi 
 ortifie  the  Frontiers ,  for  defence  of the  fie  that  dwell  upon  them  ,  left  they  be  taken  . 
 rovtded^  but  this  muft  be  done  meafurably .  In  allthefc  matters  the  wifdeme  of  a  fa  eg 
 ingfiufficeth  ,  for  if  he  bcajufi  Prince  yhe  know  eth  what  he  may  do  %  and  no:  do  ,  both 
 
 1  Gods  Lawes  and  mans.  To  befijort,  in  my  opinion %  of  all  the  Scniories  in  the  worid 
 hat  iknow,  the  Realme  of  Enthral  is  the  Counrrey  where  the  Commonwealth  u  beft 
 tverned,  the  people  lcaftoppre(fedyand  the  fiwefl  buddings  and  ho  ufts  defiroytd  in  ci~ 
 tiIlwarre,andalwayesthelotofmiffiortunefalleth  upon  them  that  be  authors  of  this 
 tjirre  :  Our  King  is  the  Prince  in  the  whole  world  that  hath  leafr  Comfit  :  .:: 
 e  hatbprivilcdgesto  leaviewhat  hcUfleth  upon  hufubjetls  ,  cenfid?--ing  th.it  nen 
 
 e  nor  any  other  Princ  e  hath  power  fo  to  doe  •  and  thofe  thai  fay  he  hath  ,  d-j  him  no  ho- 
 \our,  neither  make  him  to  be  ejleemedanj  whit  the  mightier  Prptct  thereby  3  but  c 
 >imto  be  hated  and  feared  of  hts  neighbours  ^who  for  nothing  would  live  fender finch  a 
 cv  rnment :    But  if  our  King,  or  thofe  thatfieeke  to  magmfie  and  extoll  him  ,  fi  > 
 ay    I  have  fib faithfvM  atsdobedicntfubjcSj  tlut  they  deny  me  rtofhi  ng  I  ii  m**dj  tnd  I 
 
 ant 
 
$z  7  be  Sot>erai£n  power  of  Parliaments  and  Kj,ng&mes. 
 
 am  more  feared  y  better  tbeyed^and  better ferved  of mjfubjttls  ,  than  Any  other  Prince 
 living ;  they  endure  patiently  whatfoever  I  lay  upon  them%  and feoneft  forget  all  charge 
 pa  ft*  Thu  ("  me  thinkesyyeay  I  am  fur e  )  were  greater  honour  to  the  Kivgy  then  to  fay 
 J  leavicwhat  Ilifi,  and  have  priviledge  fo  to  doe  ,  which  I  will  ftoutly  maintaine 
 King/^h&rlesthefift  ufednofuch  termer  neither  did  fever  h ear e  fuch  language  pro- 
 ceed from  any  kjng,  but  from  divers  of  their  ferv  ants  t  who  thought  they  d%d their  Mam 
 ft<r great  fervice  in  uttering  fuch  fpeeches ;  but)  in  mine  opinion  they  mifbehaved  them» 
 f elves  towards  their  Prince ,  and  u fed  fuch  language, partly  becaufe  they  would feeme  to 
 begoodfervants,  and  partly  becaufe  they  knew  what  theyfaid.  But  for  a  manifefl  proofi 
 of  the  French  mens  loyaltie  and  obedience  to  their  Prince 3we  need \  ailed fc none  other  ex* 
 ample  then  that  we  ha  vefeene  our f elves  ef  late  by  experience ,  when  the  Three  Sftates  * 
 were  affembhd atTovirs  y  after  the  death  of  our  MafterKing  Lewes  the  eleventh  ,  < 
 which  was  in  they  ear  e  of  our  Lordy  1 483.  tsiman  might  have  thought  thi6  oq#1  af- 
 Note.  fembly  to  be  danger  ohs  for  the  kings  e^ate-jeayand  divers  there  wereef  mean  calling  yand 
 
 lejfe  hone  fly:  that  f aid  then,  and  0 f ten f aid  fine  e,  That  it  is  Treafon  to  make  mention  of 
 affembiing  the  £ftates>  and  a  thing  tending  to  the  dimini/hingof  the  Kings  authontie ; 
 but  themfelves  are  thofe  that  wot  ke  Treafon  agatnfi  God,  the  king  ,  and  the  Common- 
 wealth; neither  doe  any  ufe  thefeffeeehes  ,   but  either  fuch  as  are  in  author itiewitleodp 
 defer t  and  unworthj  thereof %  orftteb  as  are  common  Tale-carriers  ,  and  accufiomed  to 
 talke  of  trifling  matters  yor fuch  as feare  great  affembliej^left their  doings Jhould  there 
 td)Gen.hi(l*Q£   be  ripped  up  andreprehended,  &c.  (d)  Charles  the  eighth  of  i^aw^becingbutthir- 
 Trance.p.tii.     teeneyearesof  age  when  thcCrownedefcended  to  him;  hereupon  in  the  year  1484. 
 413.  a  general!  Parliament  was  held  <7*Towrs,  with  more  free  acceflc  thee  had  beene  ufu- 
 
 ali,yct  not  fo effectual!  as  was  expected,  every  one  feeking  rather  to  maincaine  his 
 private  aotheritie  then  to  procure  the  peoples  cafe.  In  thisPaliamentthe/»r^/?w/^ 
 fanlliofi  was  rcftored ,  to  ufe  it  as  they  had  accuftomed.     The  Conftables  fword 
 was  given  tothc2)*^of#0#r£0»,thegovernmentcftheKings  perfon  to  his  Sifter, 
 a  cunning  woman  ,  and  fomewhat  of  her  fathers  humour  ;  but  the  name  of  Regent 
 was  forbidden  to  them  all,to  prerenr  jeaioufies :  and  there  was  a  Counfell  enatted  of 
 Twelve,  by  whom  matters  fheuld  be  dijpatched  in  the  k^ngs  name ;    of  the  which 
 Zf»>^Dukeof6>r/c^r^fhouidbe  President.    Lewes  discontented  with  the  device, 
 feekes  to  hold  his  ranke;  he  pretends,  that  being  the  firft  Prince  of  the  blood,    the 
 Regency  belonged  unto  him ;  he  atfifts  at  the  Councell  in  Parliament,  and  in  the 
 aflembiies  in  Towne ,  and  notwithstanding  the  Jaft  Will  of  King  Lewes  ,  and  the 
 Decree  of  the  Ejtatesyyet  will  he  by  force  have  the  name  and  effect  of  Regent,  Where- 
 upon difcontentsari/ing,  he  leaves  the  Court  in  diftontent,  and  railed  a  civil!  warre. 
 ft)Gtn  hifi.ot  ^ovvevcrJtne^arcsfcc'ecJ  the  Regencie  and  affaires  of  the  Realme.  (V)  c^»#0  M2J« 
 trance,  p.  (75.    ^V**^  the  fir  ft  King  of /•>*#*•*  was  taken  prifoner  by  the  Emperour  Charles  the  fifth 
 to  580,  Grimfa    in  the  Battel]  ofPavta ;  who  by  mediation  of  Friends  for  his  enlargement,  lent  the 
 Imper.  hift.p.      Earle  di  Reux  his  Lord  Sceward,  to  ofrer the  King  Liberty,  fo  ashewonldrefigne  all 
 647a*48.  t]oe  rights  he  pretended  m  Italy  ;  resloretheDutchj  of  Burgongue^  as  belongah  to  him 
 
 by  right  y  with  Provence  yand  'Dolphinefor  the  Duke  of Bourbon ,  to  incorporate  them 
 with  other  Lands  which  he  hadformerty  enjoy  ed,  and  to  make  ad  together  a  Kingdome 
 Moreover  the  Emperour  offered  ro  give  him  his  fifter  in  marriage,  propounding  ma. 
 ny  other  conditions,  lo  abfurd  and  void  of  rcafon,  as  it  is  better  to  let  the  curious  rcadc 
 them  in  the  Originally  themfelves.  Arcongft  allloiTes,  that  ofLiberty  toucheth  nee 
 
 reft 
 
The  Softer  a'tgng  power  of  Parliaments  and  d^ingioms.  3 
 
 reft  •   but  Frame*  having  learned  to  vvithi^and  all  adverfiry  with  a  cenftanc 
 tion,faid,  /"  Wi/ldye  a  Prifsner  rather  then  make  an j  breach  in  my  ...  U 
 
 ranccyivbcreof / neither  W 1L  N  OR  CAM  alienate  an-.  >     '.out  the  ft  he 
 
 Soverai^n  (fourtt  an  rjjm  wbefl  fan  ds  remains  t   t  ■  ut-  1 1  le'Hytlm 
 
 Wepreferre the  generall pood  before  theprivate  iuterefi  of Kir gj  per  fins.    If 
 per  our  wtlltre.it  with  me, let  him  dem and reaj on  able  things  which  he  in  my  power  t  kin) 
 fiallbefinde  meready  tojoynemtbhim,  and  to  favour  his  greatnejfe.  The  E 
 feeing  the  King  cor  ihnt  in  thisrefolution,  in  thecndyeeldcd  to  his  delivery,  upon 
 thefc  termes,  That  within  ftxwctkcs  after  bis  delivery  be  *gne  the  Duichy 
 
 ofBurgongue  to  the  Srr.p-rour ,   with  aft  the  depemddncui  a  chiefs 
 
 of  the  County ,  the  which  Jhould  hereafter  be fecjueflred from  the  Soverai?*: 
 Realm*  of  France  ;  That  he  Jhould  refi^ne  to  the  Emperour  all  his  rights  pretended  to 
 the  £/Mr<rj0/Naples3Milan3Gcno2j*»7  Aft  :  That  he  foouldquit  the  Soveraignty  of 
 Flaundcrs  and  Anhois,  &c.    Hereupon  the  King  being  enlarged,  rni  arrived  ac 
 Bayor,nei  he  was  required,  to  ratifie  the  Accord,wbich  hchadpromtfed  to  do:  when  hee 
 came  to  a  free  place:  but  he  delayed  it  with  many  excufes^giving  the  Emperour  co  un- 
 dcrftand,  that  before  he  rrjeeededtofuch  an  all,  it  was  necejfary  that  he  Jhould pacific 
 hisSubjebls,  wbowtre  dtfeontented  with  bond-  -which  tended  to  the  diminution  rfi he 
 Crowne  of  France,  &c.   After  which,  the  7^  and  the  Venetians  lending  MelTengers 
 unto  him,  he  complained  of  the  Emperour.  tl  at  he  had  wrongedhtm  in  that  he 
 forced  him  to  m*k?  impeffible  promifes,  and  that  he  would  be  revenged  if  ever  occafion 
 wereojfered;  and  that  he  bad  often  told  biw9*  that  it  was  not  mthepower  of a  French        «  u  -  ' 
 Kino  to  binde  himfe/fe  to  the  alienation  of  any  thing  depending  of  the  C  rowne, without 
 the  confent  of  the  Gen  er  all  Eftates  :  that  the  Lawes  ofChrifttans  aid  not  allow  y  that  he 
 n  in  IVarrc  jhould  be  detained  in  perpetual/  prifon,  which  was  npunifbm 
 meat  proper  to  Malefactors ,  andnotferfuch  <j  had  bin  beaten  by  theerucl  y  if  fortune: 
 that  allmen  ksiCW  ^°^  Bondi  madt  by  constraint  in  pn fin, were  of  no  value  tand  that  the 
 capitulation  being  of  no  force jbe faith  like  mife  which  was  bfrt  accejfa'>y , and  the  confirm 
 motion  of the  fan,  e  could  net  be  bound :  that  by  the  oath  which  he  hadtaken  at  Rhcmes 
 at  his  Coronation,  he  was  bound  {according  to  th*  enftome  of  other  Kings  of  France) 
 not  to  alienate  the  patrimony  of  the  Crovrne  -y  end  there] ore  for  thefe  reafons  he  was  no 
 lejj'efree  then  ready  to  abate  the  Emperors  prtde.Jhz  Emperor  growing  jealous  of  the 
 Kings  dclayes,  for  ratification  t  hereof  lent  one  unto  him,  to  be  certified  of  his  inu  nc, 
 yvho found  him  very  unwilling  to  leave  Burgundy  ;   which  being  very  prejudicall  to 
 the  Crowne  of  France,  hefaid,   w>u  not  in  his  power  to  obferve  ;  and  that  hee  could 
 \not  alien  the  Bourguinans  without  their  agents  man  ajfembly  of  the  £  slates  of  the 
 I  Country \which  he  intended  to  call fhortly  to  k«ow their  minds*  By  which  it  is  moft  ap- 
 parent, that  the  Kings  of France  have  n©  power  at  all  to  difpofe  of  their  Crown  tands 
 or  alienate  them  to  others  (as  other  Subjects  maydoe)  becaufe  they  hold  them  onely 
 in  the  right  of  their  Crowne  for  their  Kingdomes  ufc  and  fcr  vice,  the  true  proprietcrs 
 of  therm  Upon  which  very  ground  if)  Philip  Augufiiu  King  of  France,  Anno  1 1 1 6.   (t  ^•**!l'X* 
 in  a  folcmne  Aflcmbly  of  theStatcs  at  Lyons,  told  Walo  the  Popes  Legate  (who  came    JZ?*^* 
 to  prohibit  his  Sonne  Lewes  to  goc  to  receive  the  Crowne  of  England,  becaufe  King 
 /*/.7»hadrefigned  it  to  the  Pope  i)  That  no  King  or  Prince  can  give  away  his  Kingdom 
 >ithcut  the  confent  of  bis  Barons,  who  are  bound  to  defend  the  Kin  a  dome;  and  if  the 
 opt  decreed  to  defend  this  errour^hefioHldgivea  moftperr.ttioHs  Example  to  allking- 
 
 E  e  domes ; 
 
34  The  SoVeraigne  power  of  Parliaments  and  H^ingdms. 
 
 domes :  Whereupon  all  the  Nobles  of  F  ancc  began  to  cry  out  with  one  mouth  T^*; 
 
 they  would  ft  and  for  this  Article  unto  death,  That  no  King  or  Prince  by  hUfoleplc/u 
 
 fure  could  give 'his  Kin gdome  to  another,  ormak?it  tributary ',  whereby  the  Nobles  of 
 
 theRealmeJhouldbe  madefervants :  And  the  next  day  Lewes  his  Advocate  alledged, 
 
 that  King  Iohnfor  hi*  homicides  and  many  other  enormities,  wasjuslly  re  jelled  by  his 
 
 Barons ,  that  Heejhould  not  retgneover  them.  That  he  could  not  give  the  Crowne  of 
 
 Snglandto  any  one  without  t he  ajfent  of  his  Barons;  and  that  when  hehadrefignedit, 
 
 he  prefantly  ceafed  to  be  a  Kingrand  the  Kingdome  became  void  without  *  Kin g^and 
 
 being  fb  vacant  could  not  be  difpofed  of  without  the  Barons,  who  had  lawfully  eleUed 
 
 Lewes  for  their  King  .•  who  in  purjujttsce  ofthu  his  Title,  (which  the  Eftates  of  France 
 
 held juft,) failed  into  England,  tookjpoffefftonofthe  Kmgdome,  received homage  of  ah 
 
 the  Bar  ens  ,  and  Citizens  of  London,  who  joj  fully  received  him,  taking  an  Oath  upon 
 
 the  Evangelifts,  to  refiore  them  their  good  Lawesr  together  with  their  losl  Inherit 
 
 tances* 
 
 (g)Tbe general!       (g)  Henry  the  2.  of  France  being  cafually  flaine  by  the  Earlc  of  UWontgommery  in 
 MJLtfFrdn*^ .  running  at  the  Tilt,  left  the  Crowne  to  Francis  the  2*  being  but  about  16.  yearesof 
 tSfffz"***  -   agcs  the  Jj>ueen  Mother,vihb  Wis  wives  Vncles  the  Duke  of  Guifetznd  theCardinall 
 or  Lor4/>w^,hcreupon  ufurped.thc  Government  of  hisperfon  and  Realn^  dilpoffefled 
 the  ehiefe  Officers  of  the  Crowne,  kept  backe  the  Princes  of  the  Blood  from  Court, 
 the  true  and  lawfull  Governours  of  the  State  during  the  Kings  minority,  and  plotted 
 the  meancs  to  raife  their  race  to  the  Royall  Throne,  by  difplacing  all  great  Officers, 
 fubftituting  others  of  their  owne  faction,  and  endeavouring  to  extirpate  the  Pro- 
 ceil  ant  party,  whom  they  feared  as  moMoppofiteto  their  treacherous  defigne$;Tney 
 doe  and  undoc ,  place  and  difplace  in  Parliament  and  PrivitCouncell,  like  abfolute 
 Kings ;  they  revoke  all  alienations  for  life  oryeares  made  by  thedeceafed  King  in  , 
 r^compenccofany  fervices,  except  tales;  they  caufed  divers  Pro. cftants  to  be  put  to 
 death,  imprifor.ed,  pillaged:  Wherewith  the  princes,  Officers  and  pecple  being  oe- 
 r.eraliydifcomentcd,  to  redrefletheprefentand  prevent  all  future  difafters  that  might 
 enfue,  require  a  generdH  Parliament  (a*  the  Sovtrai gne  cure  for  fuch  difeafes, whereby 
 the  Queen  Mother  might  be  put  from  her  ufurped  Regency  -  and  thofe  of  (juife  excluded 
 from  the  Kings  per fon)  who  to  pleafe  the  king.pei  i\\  a*,  e  hur^t  bat  their  oppofitet  fought 
 only  to  bridle  and  makihim.a  Ward,andthat  he  ftouldhold  them  enemies  to  his  Autho 
 ntyandCVILTT  OF   HIGH  TREASON  THAT  TALK    OF  A  PAR 
 LJ A  M S  N7 \     The  King  of  Spaine  to  croffe  them,  by  Letters  to  the  King  his  Br* 
 ther-  in-law,  declares  himfclfe  (for  tfee  good  affection  he  bare  to  him  J  Tutor  and  Pro 
 sector  of  htm^his  Kealme  and  ajf aires tagainH  thofe  that  would  change  the  Government^ 
 of  the  Eft  ate, as  if  the  Kingwerenn  capable  of  the  Government  .Pieaiaut  people,  which 
 yejeel  fo  much  the  word  of  1 'awfuA tutelage -,  and  yet  ufurped  itagainfttheJLawes  and 
 Orders  of  the  Reahne,  holding  it  onely  by  tyranny  a  After  this  they  caft  many  flan. 
 ders  on  the  Proteftams,  put  tsfnne  du  Surge  and  other  Gounccllours  of  yarliamcac 
 todeath,  piftoll  Anthony  Mtnard  prefident  of  the  Parliament,  publifh  Sundry  Edicts 
 ggainfr  thofe  of  the  reformed  Religion,  promifc  great  recompences  to  thofe  that  dif- 
 <sover  their  aflemblics,fiil  their  prifons  with  them,  imploy  ayrcfire  and  water  to  ruine 
 sherry  and  kept  the  king  from  hearing  his  Subjects  complaints*  The  prince  s  were  kept 
 foadee,  thegreateflcf  theRcalmeout  of  aedivthreatned,  and  feeretly  purfued  to 
 i^sthD theicoGVOcation  of th"  Eftat^ rsfufe^.the rjariiatneKts corrupted,  the. J udges 
 
 fee 
 
The  S<n>tmgn*pomr  of 'Parliaments  and  t(ingdoms. 
 
 J5 
 
 for  the  moft  part  at  the  Gutfians  devotion,  and  the  pubhkccrcafutc,  offices  and  bene- 
 fices given  tc  whom  they  pJcafcd.  This  their  violent  government  againft  the  lawes 
 and  orders  of  the  Realme,purchafed  them  wond<r  full  hatred,  andcaufed  many  which 
 could  no  longer  endure  thcleoppretfions,  to  confult  V  P  ON  SOME  IIST 
 D  E  F  E  N  C  E  ,  to  the  end  they  might  prcftrve  the  jufl  and  ancient  Go* 
 vernment  ofthel^alme.  \  hey  demand  ad  v  ice,  T  O  VC  H I  AG  L  A  ir  JL  2V  D 
 CONSCIENCE  OF  OH  ANT  LEARNED  L  J  r 
 ERS  iAND  D  I  V  I  N  E  S  :  who  relolvcd  ,  THAT  T  li  E  y 
 MIGHT  LAtrFVLLT  OPPOSE  T  //  E  A4* 
 SELVES  Again!}  tke  government  which  the  houfe  of  Cjuife  had  ufurped  ,  A  N  D 
 tAT  NEED  TAKE  ARMES  TO  REPVLSE  THEIR  VIOLE, 
 ioas  the  Princes,who  in  that  cafe  arc  born  Magiftratcs,  orfomconeofchcni,  would 
 undertake  it,  being  required  by  tbeEftatcsof  thcReaJme,  or  by  the  founder  part  of 
 them.  They  who firft  thought  of  this  A<5tofconfequcnce,had  fcvcrall  confidcrati- 
 ons:  Seme}movedvithatrue  male  to  ferveGody  the  King  and  Realme ,  thought 
 they  could  not  doe  agrcaterT*orleeojpiett>eytheH  toabolift  Tyrannie,  re/cue  the  Stat?% 
 and  to  findefome  meanes  to  eafethemofthe  Religion,  There  were  others  dehrotis 
 of  change j  and  fomc  were  thrufton  with  hatred,  for  the  wrongs  which  the  houfe  of 
 Gmfe  had  done  them,  their  kinfiuenaiid  friends  :  yet  ali  had  one  deilgne  to  fup- 
 prcfle  this  nnlaw  full  government.  Inthcfcconfultationsic  was  held  ncceflary  tofcize 
 or\i\\c<Df<keofGuif<r,  and  the  firdwallhis  brother,  being  advowed  by  onechiete 
 member  of  the  State  ,  and  then  to  require  an  a fcmbly  of  the  Three  Eftatesf  to  the  end 
 the y might  jeeld  an  account  of  their  Government^  provide for  the Ktngand  Realm.  Af- 
 ter which  they  make  the  Prince  of  Conde  acquainted  with  this  their  dcfignc^  engage 
 him  in  this  quarreljwhich  being  difcovcrcd, produced  a  longbloody  civill  war  againft 
 the  Protectants,  under  this  and  the  two  fuccceding  Kings;  in  which  vj*rreythofethat 
 died,  departed  this  w?rldwtth  this  fngnlar  content  to  have  ccuragtoufly  facrifice d 
 their  lives  for  their  countries  lib  cr  tie  :  So  the  genera//  Hifiorj  of  France ;  in  which 
 and  in  T^ichard  Dinothtu  you  may  read  ac  large,  both  the  Biftory  and  shclawfui- 
 nefle  of  this  defenfi  vc  vvarre,oycrtedious  to  tranlcribe. 
 
 FrancU{c)  dying, the Crownc  defcended  to  Charles  yh* ninth,  being  but  eleven 
 yearesofage,  and  a  Parliament  of  the  Eiiates  being  aflcmbled  on  the  three  and  twen- 
 tiethday  of  December^  560.  thcQueene/J^W  was  thereby  allowed  and  confirmed 
 Regent  during  the  Kin^s  minority  :  In  feverall  Parliaments  contradictory  Adts  are 
 made>fomcreftrainingJ  others  granting  the  free  excrcife  of  the  Reformed  Religion 
 thorovvout  the  Rcalmc.  The  Guifian  Popifli  faction  3  being  the  ftrongeft  party, 
 moft  powcifull  at  Court,  and  irtimatcft  with  the  King,  notwithstanding  all  A&s 
 for  the Protcftancsimmunitie  and  libcrtie  of confcicnce,impofe  divers  illcgall  restraints 
 upon  them,  commit  many  outrages  and  maflacrcs  on  them  ,  for  which  they  could 
 have  no  rcdrefle ;  whereupon  for  their  own  defence  and  prefervation,after  mauy  fruic- 
 leiTe  Petitions,&  dclufory  promiles^hey  take  up  Arms;  whereupon  many  bloody  civill 
 wan  cnfue.Many  proportions  and  overtures  of  Peace  were  made  by  the  Guifanroyall 
 p4nrj,notoneofchem  reall,but  all  to  get  ad  vantages,and  over-reach  the  Protectants, 
 againft  whom  they  had  the  moft  mifchicvous  defignes  in  agitation,  when  they  lean- 
 ed moftcarncftlytodefire  Peace.  Four  or  five  fcvcrall  conditions  of  Peace  were 
 folemnly  made  and  ratified  becwccnc  them,  but  no  focner  made  and  proclaimed,  but 
 
 E  e  2  prefently 
 
 Note 
 
 G email H'4- 
 if  France, 
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 thuidc  Belli 
 Chili  j  aMico 
 KeligionU  tmfi 
 /t^eptoJ.i,3j 
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 H;/?.inI)rxi^ 
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 dinall  Vcron* 
 
■      -  ■     -  ^-— ■        .«■-,...,,  [ 
 
 #5  27;*  SoVeraignc  fitter  of  Parliaments  4nd  JQngdoms. 
 
 prefently  violated  ofthe  King  and  Popifh  party,  by  maflacrcs ,  and  new  treache- 
 rous Plots  to  extirpate  the  Protectant  party  ;  fo  that  every  accommodation  proved 
 but  a  feminary  of  a  new  and  more  bloody  warrc^almoft  to  the  utter  ruine  of France* 
 In  the  yeare  i  592.  whenapub'icke  pcice was  made,  and  all  differences  to  outward 
 appearance,  buried  in  cternall  oblivion;  the  King,  contrary  to  his  faith  and  oaih^cau- 
 fed  t\\c  tsfdmiraU of  France,  ("theProteftantscbiefe  pilar)  ashedeparredfromthe 
 eouncelltodinner^obcfhotwith  a  Harguebuze,  which  carrkd  away  the  forefin- 
 ger of  his  right  hand,  and  wounded  him  in  the  left  arme      The  king  to  colour  this 
 lieichzxji (wear es  with  an  execration  to  the  King  ofNavarrey  and  others  who  com- 
 plained of  this  outrage,  1 0  take  fitch  exemplar]  punijhment  on  the  ojfendors^as  the  *Ad- 
 mirall  and  hi*  frienls  (hottld  have  caufetoreftfatufied^commandsthemto  bepurftted, 
 appoints  tlreeof the  Parliament  to  make  information  agawft  them  9  J  rote/Is  after  this 
 again  and  again  ^  to  be  exceeding firry*  thatthu  aft  touched  hi*  honour  ,  that  he  will 
 be  revenged  for  it  }fo  as  the  memory  thereof fisuld  remaine  for  ever;  writes  to  the  go- 
 vernors of  the  Provinces  f  chief e  Townes,  and  Magiftrates,  That  he  Would  ta\e  fuch 
 order  as  the  Authors  of  fo  wicked  an  all  fbouldbeknowne  and  punifhed :  <*sfnd  to  bts 
 Amba  \fdours  toforratgne  princes ,    That  they  fbould  make  it  k*owne  to  all  the  world, 
 that  this  outrage  did  diff  leaf e  him.  lAndfortheiyjZmirals  fafetie,  he  commands  the 
 Captainesofhu  Guards  yto  give  him  as  many  of  his  Guard  as  heplcafedfofuffer  no  Pa- 
 pi  ft  to  enter  his  lodging;  and  advifeth  aU  the  gentlemen  Proteftants  then  **  Paris** 
 lodge  about  the  Admirals  lodging.     But  ail  this  Court  Holy- water  was  onelytokeep 
 every  Bird  within  hisownencft,  and  a  Pitfall  to  entrap  thechiefeofthe  Proteftants: 
 For  the  fame  day  after  dinner , the  King  and  Qufene  ^Mother  ,  the  Duke  ofGuife,  and 
 others,  take  counfellto  murtherth-e  Admiral! ',  and  all  thechiefe  Prot  eft  ant  sfhc  night 
 tnfuwr,  not  onely  in  Paris  ,  but  thorowout  all  France,  whiles  they  werefleepmg  in  their 
 beds.    Which  moft  tyrannicalibarbarousTragedie  was  accordingly  aeled  ,  the  Ad- 
 m  rail  (lain  in  his  Iodgmg,and  his  head  cut  off,  carryed  to  the  King  and  Queen  Mother, 
 whocaufing  it  to  be  embalmed,  fentittothe  Pe-pe  and  Cardinal!  of  Lorrain  ,  for  an 
 alTurance  of  the  death  of  their  mod  capital!  enemy:  all  ihe  Proteftants,  Noblemen 
 and  Gentlemen,  lodging  in  theAdmiralls  (garter,  undcrgoe  the  like  Butchery; 
 the  Streets  of  Pa^u  are  ft  re  wed  wirh  Garkafes,  the  paveniecK,  marketplaces  and 
 livt  ?  dyed  with  Protefiant  bloed,  about  ten  thoufand  of  them  being  thus  treache- 
 roufly  maftacred  in  their  beds,  at  fuch  a  feafon  when  they  thought  themfelvcs   moft 
 fafe,  and  that  on  the  Lords  owne  facred  day,  a  very  unfutabJctime  for  fuch  a  bloody, 
 prophane,  infernali  facriflce.     No  fooner-was  this  m  tchlefT:  treachery  of  this  king  * 
 againft  his  owne  natural!  fubjecls  executed,  but  he  avowes  andjaftrfits  that  which  he 
 but  the  day  before fofolemnly  andvpenly  dift.lai  ned ,  as  ameanc?  to  cut  oft  all  com- 
 motions for  time  to  come.     But  this  blood  ;fhed  begat  new  warres,  and  made  the 
 ^Proteftants  in  Lwguedoc  ,Rochelly  and  other  parts ,  to  take  up  Armes  in  their  owne 
 tyGw.biji.  o£  defence,  and  ftand  more  ftnctly  on  their  guard  than  ever  before  :  And  ( i)  Godhim- 
 Y-j*KC4.f.  744»     fiife  out  of  his  1)  ivixe  jujlice  ,  after  this  horrible  Butchery  committed  by  this  dijfem- 
 Tox  Atliand       bl$n£t  cruzll     blafp  famous   King,  fmHe  him  with  an anfwer able difeafe f  caufinghim 
 -  *  '* rJit        t0  wdloTfi >  tn  his  owne  blood,  which  ho  pitifully  vomited  out  in  great  abundance,  by  all 
 J^.  i>t  the  conduits  of  his  body  ,  for  divers  houres  y  tiU  he  dyed:  (  A  juft  judgement  for  him 
 
 that  barbaro&fiy  pj:d  blood  thorei^jut  all  the  Provinces  oftheRcalme)  he  in  the  meat 
 time  tejfingw  his  bed,,  and  oafiing out  many  horrible  khfpkemics*.  A  notable  fpeUa. 
 
 etc 
 
The  SoToeraign  polar  of  Parliaments  and I^ingdomes '.  37 
 
 defer  all vnnaturalt'fidifra^ous  ?ri>;ccstolookcony  w>  nthe  blood 
 
 oftbctr  Cbriftiinftbjeth.    Which  crime  (as  the  Authour  ofthc  ' '• )!'reuch  Hijhry    ik)Gt*>H:fl.of 
 obferves  )  made  his  nigne  cuffed  in  the  City,  <\nl  turfedtn  tbt  the    Ff***&76in 
 
 bc^innina,  and curfed in  tlie ending*,  moTtM Ji$ietJ word  ,  famine ,  taT9     and 
 
 defolation,  following  it  even  untothc  end*  I  dial  I  conclude  his  rci^nc  vsichthc  word? 
 of  the  French  Hiftorj  $  Doubt left  God  loves  not  the  Prince  th.it  tbtrfts  after  Its 
 fnbjetls  blood tf or  the fub jells  blood  is  the  very  blood  of  %tkei  ■  /'Y 
 
 (I)  Charles  dying  without  Heire  of  his  body,  thcOownc  defcended  to  his  I.ro-    (l)Gentr^i 
 ther  Henry  the  third  ,  chcukingof  Poland^  ^nno  1574.  his  firft  defigne  was  toe*-    Hi/I  ofr>ox<tt 
 tirpatethc  Huguenots  and  Protcilant  Religion  thorowoutchc  Realmc  ,  though  the   f»7*f»e>.\ 
 Empcrour  Afaximiltanzold  him,  There  to  no finnefo  great to  to  force  mens  confcicr.m 
 cet ,  and fuels  asthinkjo  command  them  yfuppofing  to  win  he aven  ,  doe  often  lofeth.it 
 *>bi>  b  they  pojfejfe  on  earth*  His  pernicious  Cib'mct  Counccl/ors ,  to  effect  this  dc- 
 figne,  caufc  himfiift  to  proteft  by  fundry  Proclamations  ,  his  love  to  thegoo.i 
 fubjcttS)  and  to  aboltfbwhativas  paft9  fo  as  they  lay  afide  amies  ,  dc  iver  him  alibis 
 Townes%  and  live  quietly  in  their  ho  ufes,  without  **y  fcarcb}  conflraint,  or  mob  ft  at:* 
 en  formatter  of  confcience,    A  policicpraclifcd  oncly  tobringthc  Proteftam  par^y  in- 
 to flavcry,  all  thofe  Proclamations  making  no  mention  of  Jibcrty  of  their  Rclijio\ 
 neither  ofa  Parliament  for  the  pjblike  Government ,  nor  of  a  national!  Counccllfor 
 matters  of  Conscience:   hereupon  the  Protcfbnts  Hood  the  more  upon  their  guards 
 they  arc  full  of  j:aIou(i:,d iftrufr,  doubt,  feare,  the  King  and  his  Popifh  Counccli  in-" 
 deavouringbythis  wilctokeepcthe  Protcflant  party  at  agaze,  whiles  they  in  the 
 mcarre  time  made  great  preparations  underhand  to  put  a  mighty  armyintothcnVd, 
 toruinethem  without  hope  of  rifing  'So  they  axmconali  (ides,efpceial!y  in^oiclofr, 
 the  Proreftantsarcbefieged,  affaulted  in  many  places,  and  fo  manfully  rcpulfc  <hrir 
 aflailants,  thatthey  arc  willing  to  hearken  to  a  Treaty  of  peace  ;  wherein  thc^iO- 
 teitants  demand  \n^freeexercife  of  their  Religion  thorowout  a'l  France  ,    m  ■   £ham* 
 bers  in  the  Parliament  for  the  execution  of  jufiice  ,  pnni{hment  of  the   murtherers  of 
 themy  rafe  ofimpofts,  a  free  afemhly  of 'the  grneraU.Bftates ,    and  an  a ff sir  ante  for 
 
 entertainment  of  the  pretended  pcace%  The  King  after  ffrecne  dayes  conference, 
 prom feth  to  content  them  a//,  but  be  will  have  them  to  referrethefe  demands  to  his  m.'l; 
 andfotheTicaty  vanifhed  mtofmoake,  and  new  wanes  fpru-ig  up  in  c>ery  place 
 with  new  (  ourt-defignes  to  undermine  and  circumvent  the  Protettants,  who  are 
 aidedbya(7<?>v«rf«Army,  Anno  1^6.  The  Qjcen  Mother  feeing  the  r/otcftantpar* 
 ^typrofrtr  in  their  vvarres,  makes  a  peJcebetwceneiheKmganci  them;  who  gr  a- 
 the  Vrcteftants  all  their  firmer  demands ,  reftores  divers  of  them  to  their  goods  ,  offices^ 
 honours  t: avows  by  afoUrr.ne  Declaration  the  A4  a  fiacres  of  them  ,  Anno  1  57  2.  to 
 bavebeene  committed  againft  all  right  and  law  4f Armcs;  He  ord<  ined  that  the  chil- 
 dren of  fuch  gentlemen  OS  bad  bcene  ?7iurthtrcd  ,  fhotild  be  rcftored  to  their  p  Trent 'J 
 (roods,  and freed from  all  charges  ofwarre3  jrea3be  *  vowed  their  -,;  \i  .  £  rp  0  r .  I  mt  \ 
 takc^frhis  ferviceyrjrc.  Wiiich  Articles,  with  the  Kings  EdtZi  thcicon,  were  al- 
 lowed by  the  Parliament  ztTarss*  But  no  fooncr  were  chcir  Forces  disbanded,  buc 
 1hcy  began  tofinde  this  peace  to  be  counterfeit ybeir.g  oncly  made  to  dij  - 
 divide  their  Commanders  :  none  ofthc  pie  nifes  being  rcaMy  performed.  In  the  mean 
 lime  thehoufe  of  Guife  and  tlieir  faction  fend  their  Agents  to  Rome,  and  $f*inct  to 
 joynewith  ih:m  ina  Catbohk?U*2*e>  aird-  under  pretence  of  extirpating  Hrrefie, 
 
 B  c 1  and 
 
a  8  The  SoVeraigne  power  of  Parliaments  and  Kingdom* 
 
 andeftablifhing  the  Roman  religion  thorowout  France  ,  endeavour  to  fettle  the 
 Growueuponthemfelves:  their  c hie fedefi goes  were,  to  overthrow  the  fucceffion  of 
 the  Crowne brought  in  by  Mvi^dCz^tt^inthefullaffemblyoftheEfiateSy  and  to  make 
 the  naming  of  a  Succeffor  fub]eU  unto  the/aid  E /fates,  to  caufe  the  Princes  of  the  blood 
 that  Jhould  ofpofe  againfi  the  Decrees  of  the  Eflates  to  be  declared  uneatable  of fnc- 
 ceedmg  unto  the  Crown;  to  make  the  Efiates  protefi  to  live  and  die  in  the  faith  fet  downe 
 bj  the  Councell  of  Trent ;  to  caufe  it  to  befigned  in  the  open  Parliament ;  to  revoke  and 
 anuli  allpHblikeEditts  m  favour  of  the  Protefiants  and  their  affeciates  *  and  to  purfue 
 them  to  the  death ,  that  Jbould  hinder  the  extirpation  ofHerefiesy  &c.  Thefc  Articles  of 
 Aflociation  were  fitft  drawn?  at  Peronne'm  'Picardy ,  butdifguifed  with  goodly 
 fhewes,  toblindethofe  that  would  examine  them  more  exaclly,  as  being  onely  to 
 maintain  e  the  L>  aw ,  and  reftore   the  holy  fer  vice  of  god;  to  preferve  the  King  and 
 his  Succeffors  in  the  efiate  ,  dignitie  3fervice  and  obedience  due  unto  them  by  their 
 fubjetts ;  to refervewto the  Efiates  of  the  Realmey theirr'tghts  ypreheminences  andan- 
 cient  liberties.     And  for  the  execution  of  thefe  Articles,  a  ccxtzweforme  of  Oath  was 
 propounded,  infliSling  pains ofeternall damnation  to  the  ajfoctates,  that  for  any  pretext 
 wh  at foever  Should  withdraw  them/elves  from  this  league;  and  a  Bondforfuch  as  fbould 
 be  enrolled^  orimploy  their  goods  ,perfons,  and  lives  ytopum/b,  and  by  all  meanes  to 
 ruine  the  enemies  and  perturbers  thereof y  and  them  that  Should  fade  ,  or  mak^  any 
 delay esy  bj  authoritieofthe  Headyashejhjuldthinkefit.  Soone  after  a  Parliament  of 
 the  threeEftatesis  affembledat  Bloyes,  where  the  CatheUkg  Leaguers ,  after  much 
 confutation,  caufedthelafl  Sdifl  of 'pacification,  in  behalfe  of  the  Protefiants  to  be 
 revoked,  an  i  procured  zv\  Sdicl  for  the  exercife  onely  of  one  Religion  (to  wit  the  Pom 
 pi(h  )   to  be  tolerated  within  the  Realme.    Tne  King  of  Navarre,the  Prince  ofConde9 
 the  Mar fi> >all 'of  Montmorancy ,  with  divers  other  Noblemen  of  bothreligions,  fore- 
 feeing  thefe  practices,  and  refufing  to  a  (fid  at  this  pretended  Parliament,  concluded 
 a  nullitie  of  all  thatjhouldbe  decreed  to  prejudice  the  former  Sdibl  of  Pacification  ;pro- 
 tefiin^ythat  they  were  rcfolved  to  maintame  themfelves  in  the  Bights  liberties   and 
 freedomcS  which  the  EdiSl had  granted  them.  Thatthe  troubler  s  of  the  publike  quiet  9 
 and fworne enemies  of  ^xzvet- Jhould findethemin  aju{ldcfence>  andthey  Jhould  anfwer 
 before  God  and  men  for  all  the  mi  fer  les  that  Jhould  enfue  thereby :   Yea  the  Prince  of 
 £iW^anfwered  more  flharply  ,  That  he  did  not  acknowledge  them  affembled  at  Blojs 
 for  the  £  fiat  es  of  the  Realme*,  but  a  Conventicle  of perfons  corrupted  by  thefwornene- 
 mies  of  the  Crowne,  who  havefohcited  the  abolition  of  the  8ditly  to  the  ruine  and  fub- 
 verfion  of  the  Realme :  That  if  they  hadbeene lawfully  called,he  would  have  ajfiftedjor 
 thefincere  affection  hebeares  to  the  Kings fervice  and  the  quiet  of  his  Gountrey  •  that 
 he  will  never  give  hisconfent  to  the  counfels  of  the  *s4uthors  offo  many  confufions  which 
 hefurefeesffrc.     Hereupon  a  fmcivill  Warre begins  betwecne  thele  Gatholike  Lea- 
 guers,and  the  Prote(!an:s,  whofcgoodfucccfiecaufed  the  King,  An.\^  80.  to  make  a 
 new  peace*  with  the  Proteftants',  and  grant  them  their  former  immunities.  The  Lea- 
 guers difcomentcd  herewith,  begin  to  ca/t  forth  Libels againfttheKing^ifgracc him 
 in  companies  as  a  Szrdar.£>palusy  and  idle  Chilpericke^  ft  to  bejhavedand  thrufiinto  a 
 Qoyfieri  They  caufe  the  Preachers  publikely  in  all  phcesJtotcrinchim<*7^r*»/')4» 
 Opprsjfor  of  his  people  by  Taxes  ,  and  a  favourer  of  Here  tikes  :   And  under  a  pretence 
 offupprejfi.ig  Heretics }  rtfrmingpubt 'ike  opprejfions  >f  andfettlixg  the  fucceffion  of  the 
 Crowre  w  vafe  the  Kingjhoulddic  without  Heire,  they ,  contrary  to  the  Kings  com- 
 mand, 
 
The  SoJ>eraigne  fewer  efParlianunts  and  Kingdoms.  2  9 
 
 mand,  (  who  difawrv s  them tand forbids  all  leavjei  ofwarre)  raifc  a  ^rcit  Army  and 
 foenfotce  the  king  topublifh  a  Declaration  in  his  owne  ju/lificaticn  ,  ami  to  procure 
 his  pe?te  with  tnew, to  revoke  all  £dW7/madc  in  favour  o*  c'k  Protfftants,and  make 
 open  warieagainft  them.  //ereupoucheKingof  AVr.irT*  (  next  Htm  appaicntto 
 theCrowne)  for  prefcrvation  of  hisowneintcreft  and  the  Protectants  ,  complains 
 againft  the  kit  gs  proceedings ,  layes  open  the  miichievous  /'lots  of  the  Lca»uers: 
 and  then  with  the  Prince  of  Gonde  and  other  Nobler,  Gentlemen, Provinces,  Towncs, 
 and  Comrronaltics  of  bcth  Religions,  He  protcfts,  by  a  larvfull  and  necejfa>y  defence 
 to  maintaine  the  fundament  all  Lives  of  families  ,  and  the  Sftates  and  libcrtie  of  the 
 Kwgy  and  QuecnehU  A/other.    The  Leaguers  hereupon  procure  Pope  Sexttu  r! 
 
 to  exconwnicate  the  k**gofNw*T,and  Trince  of  Qon&tjo  degrade  tbtm  and  their  Suc- 
 cejforsfrom  all  dignities,  from  their  pretentions  to  the  Qrowne  >?/  France  ,  and  to  expjfc 
 thetr  Countries  andperfonstn  pre) to  the  fir ft  that  fhotddfeUeon  them.  The  Court  of 
 Parliament  declares  thu  Bull  of  the  Pope  to  be  void,  raft,  mfolcnt ,  ftrange  ,farre  from 
 themod<ftie  of  former  Popei ,  pernicious  to  all  Cbnftendome,  and  derogating  frorr 
 Crowne  o/Francc  :  The  Princes  UkcvjiCcproteft  agamfl, and  appcale  from  ttyas  ahifive 
 andfcandalousjothe  next  free  and  larpfuliCounceil.  The  Lea  oners  purfue  their  bcoun 
 warrcs  againft  the  King  of  Navarre  and  Protcft  ant  party  ■    ivhoproteft  to  ufeaHLnvm 
 full  meanes  to  refift  the  violence  of  their  enemies ,  and  caft  all  the  mifcrtes  that  pjaH  ck. 
 fueuponthe  Authors  thereof,     Frcfh  warrcsarc  hereby  prcfecuted  pgainftche  /'ro- 
 ceftants  by  the  Leaguers,  gcrman  Forces  come  in  toayde  the  frotcftams ;  after  mi- 
 combatesthc  King  defucs  peace,  buttheLcaguers  will  have  none  ;  and  afTemblino  ac 
 Nancy, thty  endeavour  to  force  the  King  to  makehu  Will,  and  allow  the  Regency  unto 
 them ;  to  which  end  they  conclude,  That  the  Kingfbouldbe  urged  tojojne  his  Forces 
 efeclually  with  the  League,  T  o  di ft  Lice  fuch  from  their  Offices  as  fhouldbe  named,  To 
 brtngin  the tn the  In^utfitionofSpi\v\ciandpubli/l-  the  Councellof  Trent ,  but  rvith  *, 
 moderation  effuch  things  as  derogate  from  the  priviledgcs  of  the  French  Church  ;  To 
 conf em  to  the  reft  auration  of  the  goods  fold  by  the  CLrgjfor  the  charges  of  the  warre^ 
 TogivethemTownesto  be  named  and  fortified  as  the  time  andneceffitierecjuired,  To 
 forfeit  the  Huguenots  bo  diet  anignods,  and  to  entertaine  an  Army  upon  the frontiers  of 
 Lorraine againft  the  gcrmar.es.     After  which  the  Duke  of  Guife  approaching  to  Pa- 
 ris,   enters  it  againft  the  Ki-gs  command,  who  was  jealous  of  him ;  mutinies  the  Ci- 
 tizens againft  the  King,   who  thereby  is  forced  to  retire  from  thence  for  feare  of  be- 
 ing furprizccJ  by  the  Duke,  who  plotted  to  ieizc  his  Tetfon.    After  which  the  Duke 
 by  the  Queene  Mother s  mediation  ,  is  reconciled  to  the  King  ;    who  for  feareof  his 
 power,  by  an  Edi&  of  re-union,  admits  m  religion  but  the  Popi/b,  promifith  r.cver  to 
 make  Peace  nor  Truce  with  the  Herctikesnoraay  Editl  in  their  favour ;  bindes  hisfnb- 
 jetlstofweare,never  to  yeeld  obedience  after  him ,  to  any  Prince  that /hall  be  an  Here* 
 tike,  or  a  favourer  of  Here  fie ;  degrades  from  aUpubltk*  charges  t  either  tn  peace  or  fvar3 
 thofe  ofthe  Reformed  Rejigion ;  pomifeth  all  favour  to  the  (fathohk^s ,   decLrcs  them 
 guilty  of  High  Treafonwhofiall  refufe  tofigne  to  thus  neve  union  ,  mdfioiM  rfterw.-.rds 
 departfremit$\ittign\Rgi\iis  forced  Ediflyhevpcpt-  To  eftabli(b  which  sidiR,  and 
 vyork  their  fuxther  ends,  the  Lcagners  caufcthe  King  to  fummcD. a  Parliament  ofthc 
 j.Eftatcs  zfrBloyes,  procuring  thofe  of  their  faclion  to  be  chofen  of  this  AfTcmbly : 
 where  cftablifbing  the  former  extorted  Edicr,  they  thereby  exclude  the  Kmgoi  Na~ 
 iraire,  (  aaHcrcuke  as  they  deemed  him)  from  the  (fr owne  of  France,  to  which  he 
 
 T\a: 
 
40  The  SoJteraign  power  of  Parliaments  and  H^ingdomes. 
 
 was  next  Heire :  An  Heretike  cannot  r  eigne  in  France,  it  is  an  incompatible  thing  with 
 the  Coronation  and  Oath  which  he  ought  to  take ;   hurt  full  to  the  honour  of  god ,  and 
 prejudicial/ to  the  good  of  the  Realme  ;  Then  they  declare  the  King  an  enemy  toy  and  op- 
 prejfor  of  his  people,  a  Tyrant  over  his  Realme  ,  that  fo  the  people  fiould  prefently  re- 
 folve  to  confine  him  unto  a  MonaJlery\  and  infiall  the  Duke  in  his  throne.  And  at  hft, 
 the  King  being  certainly  informed  of  the  Dukes  traicerous  defignes  to  furpize  him, 
 and  ufurpe  his  Throne,  caufed  the  Duke  and  Cardinall  ofBxrbon    (ihc  chiefc  Heads 
 ofthe  League)  to  be  fuddenly  flaine,  and  others  of  them  to  be  impriioned.    Hereup. 
 pontheP^W/frtf-f  mutinie,3nd  take  up  Armcsafrefh  ;The  Qolledgeof Sorbone  conclu- 
 ded by  a  publike  Acl  of  the  Seventh  oil  Actuary,  \  589.    That  the  people  of  France  are 
 freed  from  the  Oath  of  obedience  and  fealty  which  they  owed  to  Henry  */Valoys,  and 
 that  lawfully  and  with  agoodconfcier.ee  they  may  arme  againft  him  ,  receive  his  Reve- 
 nues ^andimploy  it  to  make  warre  again  ft  him  •     After  which  the  Aflembly  ofthe 
 Eftates  diflolving,  the  P arijiens  impnf on  the  Court  of  Parliament  at  Paris ,  till  they 
 '  condefcended  to  their  pleafures,and  confirmed  agenerall  Councellofthe  union  y  confi  fling 
 .off our ty  choice  men  of  the  three  Ejlates,to  difpofe  ofthe pub like  aff aires-  y  and  conferre 
 with  the  Provinces  andTownes  ofthe  League.  To  which  many  Afliftants  were  after- 
 ward added  by  the  Nobles,  and  a  Declaration  ( in  manner  of  an  oath  )  for  the  enter- 
 tainment ofthe  Vnion,  made, fwornc,  and  fubicribed  to  by  many;  one  of  which 
 prick t  his  own  Armc,  to  figne  it  with  his  ownc  blood  ,and  became  lame  thereby. The 
 people  condemnc,  impnfon,  fpcile,  ranfom  of  their  abfolutepower,and  fell  the  good-s 
 of  any  that  beara  not  the  mark  of  their  inraged  faction.  Hereupon  the  King  turning 
 his  lenitic  into  fury,  Proclaims  them  Rebels  andTraitors yif 'they  come  not  tn  andfub- 
 mit  by  adaj-yandreconcileshimfclfeto  the  /G»g  0/Navarre:  They  go  on  with  grea- 
 ter infolency  then  before,fet  out  a  great  Army  un<kr  the  Duke  ofMayenne;crz\'c  afti** 
 .^fianccfrom  the  Pope  and  k'mgof  Spline 'y  furprizc divers  townes,  robbe  Churches, 
 ravifh  Wivesand  Virgins,  murthcr  men  of  all  forts  even  before  their  Altars,   com- 
 mit all  theoutragcSjWickedneiTes  which  irreligion  and  impiety  could  invent  in  madd 
 Souldiers.     The  King  at  laft  beficgedP^ra,  takes  fome  ofthe  Outworks,  and  was 
 liketo  mafiertl  eCitie;  but  in  the  middeit  of  this  attempt  hewasftabbed  inthe  bel- 
 ly wiiha  Knife.hy  lames  Clement,*.  Iacobin  Friar  of  two  and  twentyyeers  old,(fcnt/ 
 
 wound.,  which  he  received  in  the  felf-fame  chamber  wherein  the  Cet-infeJI  for  the 
 MaiTacreof  the  Proteftants  was  held  on  that  fatail  day  of  Saint  Bartholmew,  1572 
 A  notablecircumftanceof  Divine  juftke  upon  this  Prince,  whobeingever  a  zealous \ 
 promoter  ofthe  Romifh  Religion  ,  wasmunheredbya  Zealot  ofir,  and  had  his  owne  J 
 blood  £hed  by  thofe  who  fpurrcd  him  on  to  fhed  the  blood  of  proteftants,  in  the  very 
 Chamber  where  the  moft  babarous  Maflacre  of  Proteftants  that  ever  the  world  be-  j 
 (m)Gintiif.     held,  was  contrived,     (m)  Henry  when  the  pangsof  death  feized  on  him  ,  declared 
 iff  Frame,  Henry  the  fourth,  Kingcf  Tsfjivirre  (his  brother  inlaw,)  thclawfuHSucccfTor  of  the 
 
 /•834>S3f  •  Crowne  ofFranee^s  in  Truth  he  was,  notwithstanding  th^Edicl  oiBloys  to  exclude 
 alf  Heretikes  from  the  Crowne.  The  P arijiens  and  holy  Vnion  refufe  to  accept  him 
 for  their  So  vera  igne,  prod  aiming  Charles  the  tenth  for  their  King  ,  and  triumphing 
 exceedingly  at  Henry  his  death,  The  Parliament  at  *3 our deaux  commands  all  men 
 
 under 
 
The  SoT>eraigne  power  of  Parliaments  and  /{fagdonH.  4 1 
 
 under  their  jurisdiction,  by  a  Dccreeof  the  nineteenth  of  Augufl  ^  F549.  Took 
 inviolably  the  £di  ft  ofj'nion  in  the  Cathotujuc ,    Apoflolike  <rch ;   and 
 
 Declarations  arc  hereupon  made.  The  Parliament  of  Tbolorfa  is  more  violent ;  they 
 decree,  That  ye.:rljthefir(tJayoft\ugu(k  they  (honld  nuke  ftoeeffion*  andpubltl^ 
 prayers  for  the  benefits  they  bad  received  that  day,  m  the  miraculous  andfearftiUJeath 
 of  Henry  the  third,  whereby  Paris  was  delivered^  and  other  Tow  net  of  the  Regime  ;for- 
 btdding  all  pcrfens  to  acknowledge  Henry  o/Burbon,  the  pretended  K i  ng  of  Navarre, 
 for  Kin<r ;  declaring  him  uncapahle  ever  tofuccedto  the  (frewne  ^/France  ,  by  rcafon 
 of  the  nctsrious  and  manfift  crimes  contained  at  large  tn  the  Bull  of  I  >::cmmuntcati- 
 on  of  T>opeSixiusthe fifth,  TheCourtof  ParlicmcntatTi  nm9  no  kfle  violent  and 
 prclumptuous  then  rhatof  Thotoufa,  pronounced  them  quilty  of  High  Tveafor^bnh 
 againfi  God  and  man ,  and  the  Efiate  aud  C* own e  of  France  ,  that  hdd  hem* 
 
 J elves  aq^ainj}  the  holy  Vnion,  and  all  Roy  alifis  and  their  Succtfcrs  deprived  of all  pre- 
 rogatives of  Nobility  ;  their  Offiees  to  bevoid^aot  to  berecovcred \and all their  Goods 
 forfeited:  Anno  1592.  they  rifitw  this  Edicl  every  eight  moneth.  Thus  the  league 
 kindled  afrefli  the  fire  which  the  ficge  o\  Paris  had  icmewhat  quenched  :thc  King 
 raiding  his  fir  ge  before  it,and  returning  to  drtyaesjtht  Leaguers  Army  followed  htei. 
 and  a^e  there  defeared :  after  which  the  King  with  a  fmall  Army  gaincs  many  great 
 Conquers,  wtich  amazcthe  Leaguers;  he  befiegech  Paris  above  three  monechs, 
 where  more  then  ore  hundred  thouland  people  died  of  famine,yet  they  force  the  Par- 
 liament to  pub  i(h  a  Decree  the  fifteenth  or  Innet\  590,  Forbidding  upon  pain  of  death 
 all  wen  to  fpeak^of  any  compofition  with  Henry  of Burbon  ,  but  to oppofe  themfelves 
 by  all meanes ,  yeatwtth  the  effufion  of their  blood.  But  the  Belly  hath  not  Ears,  the 
 people  are  not  fed  with  paper,or  promifes  >they  mutinic  and  demand  peace  ;wherc- 
 upen  Deputies  are  lent  to  the  King  to  treat  a  peace;  who  to  defeat  the  Spanifi  Army 
 called  in  by  thcLeaguer^raifeth  hisfiege,and  routs  the  Spanyard, with  other  Forces 
 oft'ie  League  in  fundiy  places,  which  makes  many  dcflrc  peace;  yet  by  meanes  of 
 Pope  Clement  the  eighth  h'uRu\},lhc Du Ire  of  (JWayenne,  and  the  Popes  Legate .  they 
 intend  to  fummon  a  Convocation  of  the  E fates  0/Paris  to  etefl  a  new  King,  defiriptm  the 
 frrdtr.all 'of "Placentia  to  affifl  anu  confirme  this  their  intended  future  elecliorj  °Thc 
 Parliament  Pur  is  removed  to  Chaalons  give:  fentence  againfi  the  Popes  Bull,  and 
 nulls  it :  The  King  lets  out  a  Declaration  againft  the  Leaguers  as  Traitor i  and  Rebels^ 
 declares  this  AflemblyofthcEftates  without  his  Authorise,  to  be  againfi  tht  Lawesy 
 ag^atnfi  the  good  and  quiet  of  the  Realme,anei  all  that  ficsld  be  treated  or  concluded, 
 therein,  abufive,  and  of  no  force.  On  the  contrary,  tfcc  Popes  Lcgatc,by  a  publike  ci- 
 hortation  full  of  injuries,  labors  to  perlwadc  the  French,;/^?  the  King  Jon  7  fine e  dif- 
 membred  from  the  bodie  of  the  Church,  was  mofi  jufily  pronounced  uneatable  of  the 
 Crown.The  Spumy  ards  lobouring  theEftatcs  toclccl  the  Infant a  of 'Spain  king  ;  the 
 Parliament  of  Pans  by  a  Decree  of  the  eight  and  twentieth  day  of  Inly ,  declare  all 
 Treaties  made  or  to  be  made  to  that  §nd%  void,  and  of  no  validitie,  as  being  made  to  :he 
 prejudice  of  the  SahqueLrfw,  and  othe fnndamer.tall  lawes  of State.  Theking  toquiet 
 thcfedifTcrcnces  and  gain  peaceable  poflcfTion  of  the  Crown,  moft  unworthily  de:errt 
 bis  Religion,  reconciles  himlelfe  to  the  church  and  Pope  of  Rome  ;  yet  one  "Peter 
 Barriere,  (cduccii  ^nd  perl  waded  by  a  (fapuchwtf  Lyons  b  tAubry  a  prieft  of  P.*/-/'^ 
 and  father  Varide  a  Jcfuitc,was  apprehended  at  Melna,  3t>d  executed,  for  attempting 
 tomnrther  the  Kinrwith  a  Jharpe  two.  edged  Kn  if >,  which  fa<Sfc  he  confeflcd,  'After 
 
 F  f  thii 
 
4  z  The  Soteratgne  power  of  Parliaments  and  Kingdoms. 
 
 this  the  To wnes  fubje&  to  the  League  ,  returnc  by  degrees  to  the  obedience  of  the 
 £rown;  the  king  isfolcmnly  frowned  at  Chartres,Rh ernes  (hutting  the  gates  againit 
 him.This  done, hefurprizes  Paris ,  and  not  witftanding  their  former  i  ebellions,  grants 
 them  all  free  pardon  upon  their  fubmiffions.  The  Parliament  atP^r^  difanulsall  the 
 Decrees  ofthe  League  ,and  pretended  affembly  of  Eftates,  as  void,  and  done  by  pri- 
 vate perfons^withoutdueeleliion ;  grants  Procefle  againft  thelcfuites,  as  chief e  pil- 
 lars ofthe  League  ydifgracing  the  new  Kings  Lftfajefty,andthe  memory  ofthe  deceafed 
 King  in  their  Sermons ;  and  perfwading  the  execrable  attempt  of  Peter  Barriere 
 to  ftabbe  him ;  the  Cardinallof  Burbon%  the  Dukeof^jvers  with  others, protect  and 
 £ie  for  them;    vvhofoone  after  fabotnclobn  Chajtle,  one  of  their  Novices,  f  ofthe 
 age  of  eighteen  years)  to  ftabbe  the  king;    who  creeping  into  the  kings  chamber  at 
 the  Aouureln  Paris,  among  the  prette,December  27. 1594*  and  thinkingto  ftabbe  the 
 kinginthcbelIy,asherefolved,ftruckhimonthc  upper  Lip  andbrakea  Tooth,ashe 
 ftooped  to  take  up  fome  Gentleman  who  falutedhim;  for  which  fa6t  he  was  con- 
 demned by  the  Parliament  as  guilty  of  High  Treafon,  his  body  adjudged  to  be  torne 
 in  peeccs  by  four  horfes^then  burnt  to  afhes  and  caft  into  the  winde,  and  all  his  Goods 
 confifcate  to  the  king:  All  the  !cfuites,with  their  fchollcrs, were  hereupon  banifhedthe 
 Realme^as  corrupters  of  youth  %  troublers  of  the  publike  quiet ,   enemies  ofthe  Kings 
 State ,  and  none  of  them  to  remaine  above  fifteen  day  est  nor  any  to  harbour  them  with* 
 in  the  Realme  under  paine  of  High  Treafon*    I  have  heard  from  a  Gentleman  of  ere- 
 ditc,  which  ferved  this  king,  that  when  he  was  thus  ftabbedin  the  mouth  by  ChaftU, 
 *  Mmnfiw      one  ofthe  *  Religion  gave  him  this  £Viriftian  admonition,  Sir,  you  have  denied  God 
 IPOHbern*  already  with  your  mouth ,  in  renouncing  the  proteftantfait-h,  which  you  onee  profejfed ; 
 
 now  Godin  his  juflicehath  permitted  this  Iefuitey  of  that  Religion  you  revolted  to  ,  thus 
 T,        .         to  fiab&e  you  in  the •mouth  :    O  take  heedyou  deny  him  not  in  your  heart ,  left  the  next 
 BtfUf  Frame   ftro^  they  give  you  be  to  theheart.Which  fell  out  accordingly  ,for  (n)  after  four  or  five, 
 $'97(*977#Si*  rnorefeverall  attemps  of  thelcfuites  and  Papifts  tomurther  him,which  weredifcove- 
 rcd  and  prevented,  he  was  ftabbed  to  death  with  a  Knite  by  one  Francis  Ravillac^  (a 
 Papift  at  the  lefukes  inftigationj  as  he  was  riding  in  his  ^aroch  nearc  to  Innocents 
 church  in  Paris  ,   for  fuffenng  two  religions  in  the  Kingdoms  >  as  the  Traitor  profefl 
 fed.     This  Villstine  tabbed  him  fitfeinthe  left  Pap,  and  ne*t  between  the  hTtand 
 ffl.GMftiifl.     (lArtRibbe,  cutting afunder  the  veineleadingto the  heart,  andentring  into  the  Cava 
 tfF rmej. 91*  ven*;nid  being  dead  thelcfuites  of  his  royall  folledge  nla  Fletche(whom  he(o)re(lo- 
 ^'J0?0'1071  red  and  favoured  exceedingly ,  notwithflanding  their  former  Treafons^nd  banifhments   I 
 1 ©^  Il0*       of  them  out  of&t2ince>cauJing  theFyramts  erelledby  fentence  of  Parliament  as  a  monu- 
 3 13  ^11725         ment  of  their  Treafons  to  be  rafeds  and  yet  were  found  to  have  a  chief e  hand  in  this  his 
 ■«#j»ri74*        death)  begged  and  procmed  his  heart  to  be  there  interred  :    O  the  admirable paflage* 
 *ltzilI2%0        °^  ®lyinc  f u^ice,that thofc  two  Henries9who moft advanced ihePopiflj Rehgion^nd 
 "oVitoiilo      abandoned  the  Proteftant  faith  tohumourthe  lefuites  and  Papifts ,  thereby  to  fceure 
 their  ^rownesancflives,  as  they  beleeved,  fhculdthus  fatally  pcrilhby  thofeofthat 
 Religion ,  and  their  unlawfull  revolts  thus  ufed  to  prefcrve  their  lives;  whereas  our 
 nobler  Qjecn-E/^^^  continuing  conftant  in  her  Religion,  notwithftanding  all 
 allurements  menaccsandattemptsupon  her  perfon,  to  withdraw  her  from  the  truth 
 tofiafctfifi  sf  vvas  miraculo»fly  preferved  from  all  the  bloody  affaulcs  of  this  infcrnall  -generation 
 frwxMlU   °^ ftomifo  V'ipwMrid  went  to  her  grave  in  peace. 
 
 3$%  But  to  return  to  this  kings  aftions  5  (/> )  zsfnno  1  yp6«king  Henry  calls  a  generall 
 
 aflewibly 
 
The  Solteraigne  power  qfTarliaments  and  l\ingdoms.  4  3 
 
 aflembly  nt  Roan\ntoiir>ecfdL  Parliament ,  wherchefprakingto  die  aflembly,  10J 
 ihem ,  That  at  his  coming  to  thcCrownt  be  badfound  Fr  ncc  **/  onely mined \i nt al- 
 moft  all  I  ft  J  or  the  French,  but  by  the  grace  of*sfln>.igbty  (jod  ,  the  prayers  and  gc 
 counfellofhis  fnbjetts ,  the /word  of  b'o  Princes,  and  bra  vegenerom  %e  ,  rf>M 
 
 tune  paint  and  labour  i  be  bad  favedit  front  loj]};  let  utfa%  til  now  from  t 
 ticipatemtbme,  my dear fitije&tmtbitfecond glory ,as you  have  d  no  in  \  r  •  / 
 
 /;<*z/f  /wf  called  yo  u  as  my  PreJcceffors  did,  to  m  :l>e  yon  Approve  my  Will ,  /  ,  ed 
 
 yoMtoaffcmbUjTO  H  AVE  JOVK^COVN  S  E  LS  ,    TO    BEL 
 THEM,  ^AND    TO    FoLLOur   THEM;    finally,  TO    TJ'T  Jfl 
 SELFE    INTO    7  0VR  H  AN  DS  ;  A  defire  which  feldome commands 
 Kings that have white hairs andareConcjuerours ;    But  the  live  Ibcare  unto  myful* 
 jells,  and  the  defire  I  haw  to  adle  theje  two-)  goodly  Titles  totkatoflthtg  ,  m.J^s  me 
 to  finde all e ajte and honour abi re •     Ar  .erthis  the  Kw<r  and  Parliament  fee  forth  divers 
 (<7JEdi3s  againft  tlw^ranfportatton  cfGold  a*d  ■''tlv.  r. the  wearing  of  Qold  &  Silver,    ^)^in>'t] 
 excefftveufurie,  Advocates extortions.  Duels  .Bankrupts  , and  the  lik^.  Thii  (VjMartiall      ^T^f'1'^9* 
 King  being  murthercd by  R^v,    ;c,asaforefaid,the  Crovvne  defcended  to  Lewes  his    i\xa%u^ 
 So:me,  noi  then  ccn  years  old  :  The  Court  of  Parliament  at  Pans  having  notice  of  Hf^Ufy. 
 
 '  in  %  being  now  mttrtheredby  a  mo  ft 
 ft  able  Partctde,  committedupon  hu  mo  ft  fa  ere  d  Perfon,  it  were  very  neceffary  to  provide 
 for  the  affair  s  of the  prejent  King  >and for  his  8 ft  ate  ,  and  hath  required  that  there  be 
 pr^fent  order  given  concerning  the  fervice  and  good  of  his  £  ft  ate ,  which  cannot  be  welt 
 governed  by  the  Queen,  during  the  minoritte  of  the  King  her  fonne  5  and  that  it  would 
 pleafethefatd  Court  to  declare  her  Regent, that  the  affairs  of  the  Kin  (r  dome  may  be  go- 
 vernedby  her  :  Whereupon  h^vingconfulted ,  THE  CoVRT  HATH  DECLA- 
 RED AND  T)OTH  DECLAKf:  THE  Qj E  E  N  (mother  to  the  King) 
 REGENT  OF  FRANCE,  for  the  governing  of  the  State  ,  during  the  minortie  of 
 her  fonne, with  all  power  and  authorities  The  nextday  the  Kiughimfclr  fitting  in  the 
 Scat  of  Iuftice  in  Parliament,  by  the  advice  of  the  Trinces  of  his  blood,  Prelates, 
 Dukes,  Peers  and  Officers  of  the  C  ro*n,  according  to  the  Decree  made  by  thcGourc 
 ofParliamcnt,  declared  and  diddeclarethe  f^ueenhis  \JM0the7 Regent  in  France,  and 
 tohavetbecareofbringingupbuTe'rfon,  and  the  Government  of  the  affairs  of  bus 
 Kingdome  during  hiss  minorities  commanding  the  Edic^  to  be  enrolled  and  publish- 
 ed in  alltheBayliwceks,Senefcaufhcs,  and  other  jurifdi&ions  depending  upon  the 
 faid  Court  of  Parliament,  and  in  all  other  Parliaments  of  the  Rcalmc;  fo  that  the 
 Qucene  Mother  was  fetled  in  the  Regency  by  the  Parliament  and  whole  State  of 
 ^r^^AftcrwhichC/JP^^^CounfellorandMaHcrofRequcflSjWrithcra  large  ^y  G™'  \ 
 Lettcrtouchiug the Governmentof  the  State,  wherein  he  informed  her ,  That  fie  '  '  ,4-l*°7* 
 muft not forbear  to  ajfcmble  the  Eft  ate  s, for  the  reafon  that  fame  wonfdfuggcft  unto  hery 
 that  they  will  be  fomeblemiflj  to  hergreatnejfe;  it  is  quite  contrary  ■  The  Eft  ate  shay it^O 
 confirmed  it  by  publike  authoritie,  will  fettle  it  fully,  (fommonly  the  Eftatet  afjemb/e  to 
 provide  for  the  prefent  and  future  complaints  of  the  general!  of  this  Monarchy  ,  and  to 
 reduce  things  to  their  ancient  cturfe  ;thc  people  betngtbc  foundation  where  onth'.s  Realm 
 is  bnilt.andthe  which  being  ruined ^t  ts  impoffible it  foouldfubfift  :  take  away  thefenew 
 Editlsy  Impo  ft  ions  and  Subfidtes :  >f  ts  bttttr  togratifie  a  people  ?  than  to  intreat  them 
 
 Ff  %  roughly. 
 
44  The  SoTteraigne  po^er  of  Parliaments  and  L^ingdoms. 
 
 roughly.  Above  all  things  beware  that  you  follow  not  you-  nvnofinian  alone ,  in  mana- 
 
 Tons  were 
 as  to  be 
 Coronation  5 
 Wcprav  and  require  ihdtjtnvwti&giant  unto  ezrry  one  ofu*s  and  the  Churches  where- 
 of we  have  the  charge,  the  Canonic  all  prmledge-  %gsod  lawes,  andjzflice ;  4nd  I  hat  yon 
 wii  defend  us ,  as  a  king  ought  all  his  Bificps  and  their  Churches.  Where  unto  the  king 
 anfwered  3  Ipromife  to  preferveyouinyour  Ca*:oKican'privtledgesj  as alfo your  Cb*r- 
 ches;andthat  I  WILL  GIVE  TOV  fin  the  future)  CjOOD  LAivS,anddoyoH 
 lattice,   and  w >ill defend you,  by  the  help  fif  God  ,  according  to  my  power ;    as  a  kmc 
 
 loyeufe  prefented  unto  him  the  Oath  of  the  A'ingdome,  (  thciacred  Bond  of  the 
 fundamentall  Lawes  of  the  State)  the  which  he  rook  publikely  in  thefe  words 
 with  invocation  of  the  Name  of  God,  having  his  hand  upon  the  Gofpcll,  which  hekif- 
 fsd  with  great  reverence. 
 
 J  prom* ft 'in  the  2%JM*  of Icfus  £&r*7?,  thefe  things  to  the  (fhrifiizns  fubycel  unte 
 me;  F  irft  yI  will  endeavour  that  the  Chriftian  people  fh  all  live  p  ace  ably  with- 
 in  the  Church  of  God  :  (Jftior  cover  ,  / wi'l provide*  that  in  all vocations  ythe ft, and 
 aM  iniquitic  fba&ceafc  ;  Befides  }I  vnU  commard,  that  in  all  judgements  ecjuitis 
 and'mercjjhaitake  plate  ;  to  the  cr.dthatGvd,wbo  is  gentle  and  mercifull  9  may  \ 
 tia-vemsrc) *  both  or.  you  and  me,  Furthermore,  I  willfcikjby  all  means  m  ffooi 
 faith  to  chafe  out  of  my  Iurifditticn,  and  the  Lanasof my  fu'yecliou  ,  allHere- 
 tlc^s  denounced  by  the  Church  ;  promt fing  by  Oa-ih  to  obferve  all  that  hath  been 
 /aid :  Sj  help  mz  Gody  and  this  holy  EvangeU.  . 
 
 fu\lblb.p.  H         After  this  (  u  )  BelUrmines  Book  of  the  Popes  power  i»  temporal  camfiss  Becanuff 
 3V.19.30.31.        and  Scoppius  Books,  Afar  iaxaes  Rook  de\t\*ge  &  Regit  in ft ;t *ticne,Su*rcz,h'isBook9 
 lfr£rti.<h14'Tt    with  others,  which  taught,  That  the  Pope  was  above  Kings  in  tempora'l  things :  and 
 that  it  was  I awfull for  private fubje els  by  the  Popes  authorise  to  murther  kiigs  that- 
 were  Heretikes  %  and  th.it  the  murthers  of 'Henry  the  third  and fourth  y  by  Chartle  and:. 
 Ravilhc  were  I  awful!  and  commendable^  were  prchibked  and  condemned  to  be  burnt 
 by  Edicts  of  Parliament 
 ■x\ibrd  p»i-?4  (x)  An*0  1  c»i  i .  the  Reformed  C  hurches  of  France,  at  their  gf  neraH  Aflembly  ?c 
 
 ia*>»  Samure  by  the  Kings  permiflion,  made  a  general  J  Vnion,  which  they  did  fw ear  to 
 
 \et  ep  inviolably,  for  the  good,  quiet ,  and  advancement  of  the  [aid  (f hurches,  thefervice 
 the  King,  and  ^neen  Re  gent ,  and f refer vat ion  of  the   Efiate;    and  appointed  fix 
 Id  p  <;.     Deputies  ibcreia  ,  for  the  difpatch  of  ail  their  afaires,  (y  )  %Anno  1 61 4-the Prince 
 ofCcnde  with  divers  other  'Princes,  Dukes-,  Peers  t2^oblemen,  and  Officers  of  the 
 (frown*  retinued  from  the  Court  indifecntent,  and  meeting  at  Metiers,  writ  feverall 
 Letters  to  the  Qjeew,  Parliament,  and  others,  complaining  therein  of  divers  gtievan- 
 ^:cs  and  diforders  in  the  governrKent^^/cA'  they  d  fired  might  beredreffed,  by  fumrnon- 
 tno-a  oemrAll  ^'feTnblyofvhethree-S'fiatestobefreeandfafe^to  be  held  within  three 
 n&ksqt  shsfr.rtbef,  5  ft&(ftiȣ  ,  that  they defiredwthi*gbut  peace  and  the  good  of 
 
 ±0  HOi 
 
The  SoT>eraign  poller  of  Parliaments  and  l\in  glomes.  4  5 
 
 the  Reatme,  that  they  would  nit  attempt  any  thing  to  the 
 refiJwtion  oj 'their enemies y   ('vho  covered  themfetz  es  mth  the  C/uk* o 
 jQueene  Regent  $  y  J  they  fould  he  provoke*  %ke 
 
 Xtng*nd-St*te  S  7  xA    T^ATJ  t\4LL  ,  TV  ST    -  *N<D  N  E  C  S  \  S  A  R  T 
 DEFRNCP.    After  v\l  ich  with  much  adoc  Articles  of  Peace  were  concluded  on  ac 
 Saint  Man-,  h o ldy  between  the  King*Queen  Regent,iitd  tbefe  Nib'es;  where  in  ic  v 
 among  other  things  accorded^  That  thegenerallSftateseftheRealmefbouldbeajfcm- 
 bled  M  Sens  by  the  four  a>;d  20.  day  of Aug U ft  ,  i  the  D  fteties  •  <^- 
 
 ftates,  may  with  all  libertie propound  whatsoever  they  Jhatt  tktnl^  in  their  cenfehn  , 
 to  be  for  the  rood  of  the  Realmc  and  cafe  of  the  fib jdl ;  t!  a   thereby  the  Kin  *  witht 
 adz  tee  of  the  Princes  cj-Eftatcs  might  mxec  feme  good  Law  sand  Or  tin:  ar.ee  j  r?  cor.! 
 every  man  in  his  duriet  tofortifie  the  Lawes  and  Edicts  made  for  the  pre  ft  rv  at  ion  of  the 
 fxblile*  tranciuiltttetand  torefcrme  thedifordtrs  which  may  give  juft  ticca  >*• 
 
 fiaint  and  dif content  to  his  good  fubjrcls  :  That  the  Kings  Maritrgetfitb  Spain?,  '  r- 
 •  mo  ly  concluded  on,  fhoufofbe  rejpisedand not  proceeded  in  during  his  minority  :  t 
 all  Cjarifmsput  into  any  places  of  the  Reeilme  by  reafon  of  the  f*rfe*  1  motions ,  (hem id  be 
 dij charged  that  Letters? at ent she  direcledto  all Courts  of  Hard,  menttobe  verefied7by 
 which  his  AfajefliefialldecUr*!  that  the  faid Princes ,  Nobles  ,  and  others  of  •  hat  then- 
 lay  and  condttionfoevcr ,  which  have  followed  and  a/fitted  them  in  theje  ahrrationsy 
 had  Hi  bad intentions  ao ainft  his fervicc,with  all  claufes  ncteffarj far their fafettes a> 
 difcha*ges ,  that  they  may  net  be  called  in  ejucftton hereafter,  and  that  they  (hall  verefto- 
 red  to  tfeir  Offices,  Sftatet  and  Dignities  ,  to  enjoy  them  At  they  had  formerly  d< 
 ssfndtn  like  manner hts  Majcftie  [hall  write  to  all  Princes  >  Eftatesy  and  Common- 
 wealths alltrd  to  the  Crowne,and  menofaualitie (ball befent  exprefy  to  them}to  let  them 
 under  ft  and  what  he  had  fcund  concerning  the -innocency  and  good  intention  of  the  fail 
 Prixc<sfO$c<r*yand Nobles.  After  which  the  three  Eftates  were  piibJifhed,  Depu- 
 ties clc£ted;and  the  Kin*  (by  his  Councel  and  Parliament  of  Paris  )  wo*  declared  of  fill 
 ri^,secording  to  a  fundamental!  Law  made  by  Charles  ihcf&r,  ratified  by  the  Court 
 or  Parliamnt ;  That  die  Kings  of  Ftzncchavivg  attained  the  full  age  of  thirteen*  years, 
 and  eivtrtna  into  the  fourteenth  f  they  fjouldtak?  ttfon  them  theSuveraigne  Govc'rnme-at 
 §f  the  Eft  ate:  Whereupon  the  Queen  Mother  in  the  .Parliament  refines  the  Regen- 
 cy and  ieignes€)f  the  Empire  into  his  hands.  A  ftcr  which  the  three  E Hates  aflembling 
 aiohpjed  the  fale  of  all  officetof judicature,  and  others  which  tend  to  the  epprcffion  and 
 ruineof  the  People  y  fupprcfTe  Duels ;  the  Commons  and  Deputies  ofchc  three  Eitatcs 
 prefent  a  Petition  ofall  their  grievances  to  the  King,  confining  of  fevcrak  ffarores^and 
 pray  red refle.-  And  for  rhciccuring  of  the  Kings  Crowns  and  pcrfbn  a^ainfr  the 
 />opc*  ufarpatiens  and  attempts,  they  d^fired  ,  that  it  /  declared  by  the  j.  . 
 
 Eslutes  ,  andfetdowi.  damentaU Law%  That  the  King did not  hold  we 
 
 efany  but  Cod  andhiffword,  and  that  he  t:  r.ot  fubjetl  to  any  (upertour  pouter  upon 
 earthf  or  hlf  temporal;  ejlates j  and  that  no  M 'ookjhonld he  printed containing  any  Do- 
 tlrine  again  ft  the  per/on  of  Kings  touching  theqncjlion  too  much  deb  tted  c  ftp. 
 
 tuotts  men, whether  it  belawfnMtektll  Kings ?Thc  Oergyof  France  rr.ccp:  againfl  this 
 Article, as  a pointofdoilrine  andconfcicnce^r.otof ' State polici?ytistLe  Commons p'ettyi- 
 dtd^it  endjfor  the  Clergies  determination  ,  not  the  Commons  or  th.-  ee  Efltte*,  as  a 
 means  to ingender  a  fcht/me  andojfendthe  /V^andaftcr  much  debate  pi  evail  and  Uip- 
 arefle  ic :  lu  fiae,a£tcr  many  debac  3  chtthpec  Eftates  brake  uo  wuhowt  any  great  i  e. 
 
 Hi  dec! 
 
46  The  Solver  aigne  power  of  Parliaments  and  Kingdoms* 
 
 dreffe  of  their  grievances,  or  full  anfwer  to  chcir  Petitions,  which  was  defaced  :  here- 
 upon the Parliament  at  Peruthe  feven  and  twentieth  day  of  March  i6j  5,  decreed 
 under  the  Kings  good  plcafurc,  That  the  Princes,  Dukes,  Peers  y  and  Ofcers  of  the 
 Crowne  ,havingplace  and  deliberate  voyce therein,  being  then  in  the  Citie  fhould  be 
 invited  to  come  into  the  (four  ty  there  (with  the  Chance/lour  and  all  the  Chambers  af^ 
 fembled  )  to  advife  upon  thepropoftions  which  fhould  be  made  f^r  the  fan  rsf cry  ice  th  * 
 eafe  of  his  fubjefts,  and  good  of  his  eftate,  and  to  draw  up  a  %emonflrancc  to  this  fiffetl. 
 Some  Court  Parafites  prefenily  acquaint  the  -King  and  Queen  Mother  with  this  De- 
 cree ;  as  if  it  were  an  apparent  enterprise  again]}  the  Kings  Authoritie  and  did  touch 
 the  Queens  Regency  which  they  would  control!;  and  objections  are  made  againft  it  in 
 Councell,  whereupon  the  Parliament  are  fentfor  to  the  Court  feverall  times  and  or  . 
 dcrcd  to  revoke  this  Decreejcheyexcufe  and  juftifi.eir,thendraw  up  a  Remonftrance  to 
 the  king,  confiftingofmany  Heads ;  wherein  among  others  they  sffirme  That  the 
 Parliament  of  Paris  was  borne  with  the  State  of 'France,  and  holds  place  in  (fcunL 
 cell  with  Princes  and  Barons  ^which  in  all  ages  was  near  to  the  Kings  perfon.  That  it  had 
 alwajcs  dealt  in  pub Uke  affairs  :  thatfome  Kings  which  had  not  liked  of  the  T&mon- 
 firances  of  the  Parliament  at  Paris,  did  afterwards  witnejfe  their  grief e.  That  Popes 
 Emperours,  Kings,  andPrinces  had  voluntarily  fubmitted  their  controverfes  to  the 
 judgement  of  theParliament  <7/Pari$,&c.  To  which  I  fliall  adde  fomepafljges  out  of 
 (K)  *ifcw*  &  tsfndrew  Favinefin  his  Theater ef  Honour, touching  thedignitie,  power,  and  honour 
 ?«i7?.ttl37«  ofthe  Parliaments  of  France:  "  In  the  Regifter  ofthe  A&s  of  Parliament,  bcg<n- 
 •e  ntng,ig68.thercisonedatedthetwenty  feventhof  lune  i36"G.for  matterofmur- 
 «cdcr  and affaflinate committed  on  theper&nof  Mafter  Emery  Doll\  Gouncellorof 
 u  the  laid  Parliament;  whereby  it  was  approved  3  ThatttwasacrimeofHighTrea. 
 lCfcn,  to  kill  a  Councillor  of  Parliament*  And  in  Anno  1475.  on  tnc  eleventh  day  0f 
 "November,  Mounfeir  the  Chancellor  came  to  advcrtife  the  Court  for  <*oing  to 
 "  hear  the  CDnfeffionottht  Confcable  of  Saint  Paul,  to  whom  for  his  rebellions  and 
 ^diiobedienceskingZ/f^^  the  eleventh  directed  his  Proceffe.  And  the  faidParlia- 
 <cmcnt,  declared,  That  there  wot  not  a  Lord  in  the  Kin gdeme  fo  <rr cat,  except  the 
 tl  King  anh  Mounfiour  le  Daulfhine^but  ought  to  comeandappear  at  the  faid  Portia* 
 u  mentmperfon,when  it  was  oraawedfor  him.  And  this  is  witnefTcd  by  a  Lyon  aba* 
 €tfing  his  tail  between  his  Legsy  exalted  over  the  gate  aud  entrance  ofthe  great  Cham- 
 Cc  ber,  by  the  Parquet  desHuifiers  thereof.  Sothatby  this  illuftriousandSoveraioiie 
 ffCParliamentareordered3ndderermincdtheprincipailarTairs  ©f  the  kingdom.  And 
 "in  Anne  1482. the  fecond  day  of  Aprill,  king  Lewes  the  eleventh,  fent  unto  the  Par- 
 Ci  liament  the  Oath  which  he  took  at  his  iaering,  exhorting  the faid  Parliament  to  perm 
 "formegoodjuftice,  according  if  the  King  had  promtfed  to  doe  by  his  faid  Oath,  which 
 f%  hepurpofedtok:ep;  and  the  Oath  is  there  Regifcred  downe.  The  Parliaments  of 
 "  Frame  are  Oaks  with  exalted  Heads,  under  whole  Branches  the  people  arc  covered 
 Cl  from  the  very  ftrongefc  violencies,  which  conftraincth  them  to  yeeJd  obedience  to 
 *  their  Prince:  But  when  Princes  (by  bad  councelJ  )  mifprizetheauthoritieofthem 
 f«  whereof  they  ought  to  be  zealous  defenders,  as  being  exalted  to  the  Royail  dignity 
 "  ro  ruleami  governe  their  Subjects  by  jufcice,they  cue  off  the  right  hand  from  the left: 
 "  If  they  refufe  the  holy  Remonftranccs  of  their  Parliaments  under  color  that  they  arc 
 "not  to  meddle  witn  affairs  ot  St3te,  butonely  with  the  t\€t  of  juftice,  and  lend  a 
 [s  dcat  car  when  they  are  ad  vertifed  ofcvill  Government,  it  i  s  an  affured  Pronoftick 
 
 fore. 
 
 Note 
 
The  SoTteraigne  power  of  Parliaments  and  Kingdoms,  47 
 
 <fc  forewarning  or  the  entire  ('ecadcrceorthcKingdnnic.  Scangc  ami  6  Piin- 
 
 c<  ccs  have  fought  andfubmictcd  themlllves  to  the  judgemei  toft!  nr  ParJiamci<- 
 < Mn  their  affairs ofgreatcft  importance.  1  he Chronicle  of  Laurefrtme,  under  the  year 
 a$03.(followcd  by  the  Monk  Aimor.m*  in  the  fourth  Book  of /;;j  Hiftory  of France) 
 "rcportcth  , chat  king  Lewes  ihecDebonnmrc  ^  holding  his  Parliament  in  May  ^  there 
 c< came du:herfrom(trange  Provinces,  two  Brethren  ,  kings  of  Vvilfcs 9\\\\o  with 
 "  frar\<tr.d  free  goodwill fubmittedthemf elves  to  the  judgment  of the  f.nd  'Parh.t- 
 (<  menttto  which  of  them  the  Kingdom  foould  belong  :Novi albeit  the  cuftom  ofthefaid 
 u  kingdom  adjudged  thcCrowntothecldefc,accorJing  to  the  right  of  Prerogative 
 <f  allowed  andpraclifed  by  the  Law  of  Nature,nnd  oflatc  memory  in  the  per  lbn  ofthc 
 "laft  dead  king  Liubus  father  commune  to  chefe  twocontendants «  yet  notwithftan- 
 €*  ding  in  regard  of  the  fubjetls  univer fall  con  fent  of  the  Kingdom  y  who  (  for  the  cowar- 
 ;f  dife  and  want  of  government  in  the  Elder)  had  given  the  (  rowneto  the  Toun^er,for 
 li  valliancie  anddifcreet  carriage  •  by  fentencethe  Kingdom  w.ts  adjudged  to  htm  •  and 
 "the  Eldc ft  did  him  homage ,  with  Oath  of  allegiance  ,  in  the  faid  Parliament. 
 «  Under  the  third  Lignc,  in  the  reign  of  Philip  c^fuguft  us  y  Pope  Innocent  the  third, 
 c<and  the  Emperour  Otho  the  fourth  ,  being  in  variance  for  the  forme  and  cearms  of 
 c  c  the  Oath  of  fidelity  with  the  hid  Emperour  fhould  make  to  the  Pope;  they  refer- 
 c<  red  it  to  the  judgement  of  king  Philip  m  b*  Par  I  lament,  furni  (bed  with  Peers.  Otho 
 cC  made  fomeexccption  concerning  the  forme  and  terms  of  the  Oath;  And  not  being 
 *'  able  to  agree  of  themtelvcs,  both  parties  iubmitted  to  the  judgement  ofking  Phtltp 
 u  AuguftuszndofWis  Court  of  Parliament,  fuiri\(hcd  withPeeres:  So  that  by  order 
 <c  given  at  Melum  mluly,  1 104,  the  term  ofthefaid  Oath  wasprefcribed,  andregi- 
 Ci  ttrcd  in  the  Parliament  Regifter,  at  request  of  che  faid  parties ,  and  fent  unto  Otho 
 f  to  render  it  to  the  faid  Pope  Innocent f  who  fent  this  aflurancc  and  Certificate  to  the 
 "  faid  Parliament  for  Regiftring  it,  bein£  performed. 
 
 Innocentius  Epilcopus,  fer v us  fervor um  Dei,  chariffimo  filio  noflro  Philippo 
 Francorum  Regi  cbanfjimo,  falutem^  efr  Apo frolic am  bene 'diftionem ;  abfijue  dubi- 
 tatione  noverttis,  quod fecundum  formam dvobis  &  Curia?  Kegni  veilri  paribus 
 prafcriptam,  habetur  apudnos  jufjurandum  chartfflmi  Fill*  noftn  Othonis  ^Romano- 
 rum  Regis illiiftrx  aurea  Bulla  munitum,  nobis  &  Ecclefapraftttum. 
 
 EgoOtho  RomanorumRex,  &  [emper  Auguftus,  tibi  Domino  wolnnocentio 
 Papa3&  Ecclefia  rRomana[pondeoypolliccor,0'juroyquod  omnes  pojfejfiones,  hone 
 res,  & jura  Romano,  £cclefwypropo§c  meoy  bona  fide  protegam  ,  &ipfam  ad  cos  re. 
 tinendas  bovafidejnvabo.  Quas  autem  nondum  rccuperaruit  adjutor  erg  ad  rccxpe- 
 randumy  &recHpcratarum,Jecundum  pofemeum,erofinefraude  defen/hr*  G>  qua- 
 cunque undm anus  meat  dtvenient,  fine  difficultate  reftttuere  procurabo,  ^ytdhanc 
 autempertincnt  tot  a  terra  qua  eft  de  Radicafanc*,  ufquc  ad  Ceperanum ,  Exarcatus 
 Ravenna,  Pentapolisy  UVr.archia,  Ducatus  Spoletanus  ,  terra  Conitijfa  Afathildv, 
 Comitates  Bricenorij  cum  alijsadjaccntibus  terrisexpreffts  in  muhisyrivilegvs  Im- 
 perator  urn, a  tempore  LVD  OVlCl  PII  ERANCORVM  ET  RQMAXO- 
 RVM  IMPERATORIS  CHRISTIANISSIMI.  Has  omnes  propofemeo 
 reftituamy  0-  quietc  dimittam,  cum  omne  jurifdiclione^difirit~tuy  cj-honcre  fuoj'e- 
 runt  amen  cum  adrecvpiendam  Cor  on  am.  Imp  en] ,  vel  pro  ueceffit.itibus  ScelejiaRc. 
 man&ab  t^poftohcafede  vacatur  accejfcro3  demandatofummiPcnttficN  ab  iQu  ttr- 
 
4  2  The  Soteraign  power  oj  Parliaments  and  IQngdmes* 
 
 rispr<eftationesaccipiam.  Praterea  adjutor  ero  ad  retinendum  ej*  defendenium 
 Ecclefi<zRoman<t  REGNVM  SICIL1&*  Tibi  etiam  Domino  meo  JnnQcentio 
 Papa.  &  Succefforibm  tuis  omnem  obedient iam  &  honorificenttamexhibcoy  quam  de- 
 voti  &  Catholici  Impiratcres confueverunt  Scdi  sApoflolic&exhibcre.  Stabo  eti- 
 am  adconfilium  &  arbitrium  tuum  de  bonii  eonfuetudintbus  populo  Romano  ferv  au- 
 di* &>  exhibendis,  &  de  negoti9  TufcU  &  Lorn  bardie.  Etji  propter  negotium  me- 
 urn  RomanamEcc  lefiam  oporttterit  inwrrere  gnerram  Jubvtniam  eificut  necejjttas 
 fsflulaverit  inexpenfis.  Omnia  veropraditlatam  juramento9  quamfenptofirmam 
 bo  j  cttm  Impery  Coronam  adept***  fuero.  Allum  Aquis-Cjram  Anno  Incarnation 
 itis  Ttomimca  CMillfiffimo  'Dncenteffimo  Quint 0  %  menfe  OWarctj ,  Regni  noftri 
 .  feptime., 
 
 <%  V/itli  am  Rifh  anger  Kf  onlc  in  the  Abbey  of  Saiftt  Albane  in  England,  continue  of 
 €(  the  Hiftory  of  Matthew  \Jarts>  obferveth  under  rhe  year  126$.  that  the  kitt^  o\Eng- 
 6€  land,  Henry  the  third,  and  the  Barons  of  England,  who  made  warrcupoo  hiro,?  im- 
 c  \  mitttdtheir  whole  difference  and  quarrellto  bt  fudged  by  the  Parliament  ^/France  ; 
 eC  Vt  pax  reformaretvr  inter  \Regem  AnglU  &R-arones .vent um  eft  adiftud^ut  Rex& 
 *'  proceres  fe  fubmittcrent  ordwationi  Parliaments  Regis  France  fin  the  time  of 
 Cf  Saint  Lewis  )  in prxmiff/s  provifiombm  Oxonix,  2(jc  nonpro  depr<td*tio>,sbus  & 
 €<  damnis  utrobiqueillatis*  Igiturin  crafttno  S*Vincentij<>  congregato  Ambtanispopu- 
 c5  lo  pene  innumerabilit  RexXrrznclxLudov'icusceram  £ptfcopis  &  ComitibtUj  alijfque 
 '}  Fiancorum proceribm  folemniter  dixit fevtentiam pro  Rege  AnglU  ,  contra Barones 
 "flatutisOxom&provifiontbusj  ordinaticntbus,  ac  obligatiombus  penittu  annuUatis* 
 %i  Hoc  excepto,qmd  antique  Chartajoznm*  TZegzs  Anglta  univerjitati  concejfa  per  il» 
 €<  lam  fententiamin  nullo  initndebat  penittts  derogare.  In  this  Parliament  at  Ami* 
 "  ens  were  piefent  the  King  of 'England \  Henry  the  third,  Queen  Elenor  his  vnfe,Bo- 
 **  niface  Archbifliop  of  Canterbury,  Peter  Bifhop  of  Hereford ,  and  Iohn  Mannfell^ 
 (t  and  on  the  Barons  c(£nglands  (idea  vciy  great  number  of  choice  el  eel  ed  Lords  ; 
 41  whothc  fame  year  rcpaikd  back  into  England  after  the  Parliament,  as  the  fame 
 tc  Monk  fpeaketh.  Thus  Favme'mthc  behalfcof  the  French  Parliaments,  concern^ 
 ingwhcfc power  and  privilcdges  you  may  read  much  more  in  him  and  others. 
 c^cmiimaim  ^ut  co  rcturne  tG  l  nc  former  Hifiory.  (a)Thc  Qjteen  M»ther  was  much dij conten- 
 ■of  the  Gin  Hill,  ted  wit  ht  his  Remenfirance  of  the  Parliament, pre  tending  that  they  had  an  intent  to  call 
 tfFra&e,  her  Regency  in  quefttony  which  all  had  commended ;  that  they  could  notfpedkjrfthc  G<r» 
 p.  1$  Jo  1  jo.  wrnment  of  the  affaires  of  the  Re  aim, with  out  touchtngher^&i*  Whereupon  (he  com- 
 manded the  Chancelleur  to  give  them  this  anfwer  in  the  kings  name  :  That  France 
 was  a  Monarchy  wherein  the  king  alone  commanded ,  holding  his  Realm  Soveraignly 
 from  God  •  That  he  had  Law a  and  Ordinances  by  which  to governe  them,  for  the  which 
 he  was  net  to  give  an  account  to  any  man  ;  Thatitdtd  not  belong  unto  the  Parliament 
 to  cont  roll  his  Qavcrnmcnt;  Thai  they  neither  could  nor  ougt.  t  to  complain  of  the  Queens 
 Rcvencit  which  had  been  fohappy  \  That  the  Queen  war  not  to  grte  an  account  of  her 
 'Rggcnci ,  but  to  God  onely ;  That  no  man  couldprefcnibeunto  the  King  whatCouncel- 
 lers  he  ftauld  entertain,  &c*  with  many  other  fuch  biggc  words.  After  which  there 
 was  a  Decree  made  inthe  Ccuncell  of  State  agamH  the  'Decree  and  Remonfjrunce  in 
 Parliament -9dif untitling  andr evoking  *hem  as  void  yand  for  bidding  the  Parliament  here- 
 after to  meddle  with  affairs  of  State.  The  Court  of  Paliatficnt  in  gcnerall  complained 
 
 much 
 
The  Soteraigne  power  of  Parliaments  and  Kingdoms.  40 
 
 much  of  this  Decree  $  the  kings  learned  Councdl  refufc  to  carry,  or  can  fcirr©  Reread 
 in  Parliiment,  becaufeit  wouUcaufe  an  alteration  of  the  good  w  and  devotions 
 
 9f  the  Kings  good  jub 'jells  ,  andtl:e.h[-untonof  the  great  eft  companies  of  roe  R  valme 
 -who  admimfter juft ice ywkicb  makes ktngs  to  Reign; :  Afcer  which  tins  con  trove:  tic 
 was  com  prcmi  fed,  an  tk  he  Decree  of  the  Counccliagainft  the  Parliament  fufpcncKd, 
 and  not  cnrelied.  Soon  after  the  prince  of  finde  f  with  divers  others,  feeing  all 
 things  difordercd  at  Court,  and  little  ornorcforrmtion  of  theirformer^icvance^de.- 
 fere  /Ww.axprciTeflc  their  grievflnces  in  fundry  letters  and  Articles  of  com}  lilac 
 whet  em  they  complain  q{ the  want  of  freedom  andredreffe  of  their  grievances  fronted 
 tn  the  l*ft  affembly of 'the  three  £ftates;  of therDecree  and  proceedings  again  fr  the  Ju* 
 rifditlton,  Remonfirance  and  proceedings  of  the  Parliament  o/Paris  ;  Of/ufermgfome 
 CouncelUrs  cfStatetoufurpe  all  the  power  of  the  Kingdom,  to  pervert  the  Lawes,and 
 charge  all  things  at  they  lift  ;  with  fundry  othef  particulars  :  In  thefe  they  intreat  and 
 exhort  all  men  of  what  condition  or  quality  foever^that  c  all  themf elves  Frenchmen,  :$ 
 etffift  and  ay de  them  in  SO  IVST  A  CAVSE ;  conjuring  all  Princes  and  forraign 
 UStAHsto  dothe  likcytind  not  to  fufferfuch  good  andloyallfubjefts  to  be fvppreft  by  futh 
 *  confptracie.  Vponthis  the  king  and  QT_Mother,throughadvifeofthelcill  Coun- 
 fcllon.raiic  anArmysdeciarc  wheft  Princes  and  Nobles, Rebels  andTr utters tf  thejjub - 
 mitnotby  a  d^.wharupon  they  Arm,  raife  Forces  iu  their  own  &  the  publikes  defence, 
 and  being  at  ^(^^concludecijT&rf/  **  their  Armes  were  levyedforthe  maintenance  of 
 the  Crown  ,  fo  they  fhould  be  maintained  by  it;to  the  which  end  theyf?i<,ca  on  the  k*ngs 
 Rents  and  Revenuet  in  fundry  places.  Mean  while  the  Protectants  being  aiTcmblcd  in  a 
 gcnerall  Synod  at  Grenoble  fk&z\&\£>efdiguires makes anOration  to  ihcm^odiffwade 
 them  from  oppofing  the  mar  i  age  with  Spain;  wherin  he  hath  this  memorable  paitage  to 
 fiftiHethelawTulncfleofanecciTarydcfcnrivewarfor  the  prefcrvs  lion  of  Religion  and 
 Liber  ties  :  We  have  leifurc  to  fee  theftorme  c>mC)  and  to  prepare  for  our  ownpreferva- 
 tion :  I  mAy ,  having  continued  con  ft  ant  tn  our  D  uttes .  tftbeyfeckjo  deprive  iu  of  our 
 Religien^andto  talec  that  from  us  wherein  our  liber tie  andfafetie  depends  y  purchafedby 
 the  blood  of  our  Father  saxd  our  own,  and  granted  unto  m  by  that  great  King  Henry 
 the  fourth,  the  reftarer  of "France  ;  wejhaH  enter  into  this  comer 'ce  full of jufttce  and true 
 Kcale,  findeag«we  in  our  breafts  the  courage  and  vertue  of  our  Ancefters:  Wc  [hall  be 
 fupported  IN  OVR  JVST  DEFENCE  by  allgood  Frenchmen,aff,ftedby  all  Prin- 
 ces and  Eft  ate  s  which  love  the  true  Religioner the  good  of 'this  State ;  andtn  a  wcrd9»e 
 (ball be favoured  oft  he  bUffings  of  God ,  whereof  ure  have  hitherto  had  good  experience 
 sn  our  Arms,  andwhichwillbetothcgUrjofhU  Name  y  and  the  (piritut.il  Advance- 
 ment of  our  Churches.  After  which  the  Duke  of  Rh  an  andP  roteit? tin,  y$n  defence  of 
 tnetr  Religion  and  Liberties,  j  -yn  with  the  Princo  and  Nobles  :  At  lait  both  fides 
 cameo  Aiiiclcsofagiccmcntmadeat  Luudunt  Anno  ieti6.  whereof  thefe  were  a 
 parccll,  That  the  gr  tcv. r.<ce<  of  the  geuera/tStste  fhould  be  jpeedtljanfwered;  That  So* 
 veraign  Courts  fteuld  be  prt/erved  in  their  authority  ,  and  the  Remonffra-'ices  of  the 
 Parliament  ana  Peers  con fdered of ;  That  fitch  as  had  been  put  from  their  ' 
 fhould  bereftortd  T  jat  all  moneys  rhej  had  taken  out  of  the  ^gs  Revenues  ,  fhould 
 bedifchar^ed;  A  E  iRs  «f pacification  granted  to  them  of the  Reformed  Religion,  ob- 
 ferved;  Tne  prince  of Condc  and  all  theft  of  either  Re  Itgion^who  hadaffiftedhi'nin  thu 
 War%  held  for  the  Kings  good  aud  loyaUfubieils ;  all  illegall  Impofts  removed ;  and  all 
 frtfomrs  taken  ok  either  fide  Jet  at  lib  ertj.  Anno  i  tf  1 7  ♦  chc  King  and  Quecna  Mot  h  cr 
 
 Gg  fcitioj 
 
5fo  ;  The  Sotteratgne  power  of  Parliaments  and  kingdoms. 
 
 fcizing  upon  the  Prince  of  conde  his  perfon,  and  fending  him  to  the  Baflile,  uponfalfe 
 pretences  ofdifioyaltieandtreafon  ,  caufed  new  infurreclions  ,  wanes,  and  tumults; 
 end  the    '  rinccs  hcreuponimecting  at  SoyffoKs,refelvedto  maj^e  open  war^to  fei^e  on  the 
 King* -.Revenues ',  and  to forti fie thofeTowns  and  Caftles  which  thej  held  in  their  go* 
 vernment ;  which  they  executed ;  and  with  all  let  forth  a  l^emonftrance  of  their  grie- 
 vances unto  the  king ,  complaining  efpeciallyagainft  the  Mar/hall  tf  Ancre  and  his 
 fVife)  with  their  adheronts^who  were  thecaufes  of  all  their  miferies ,  who  having  drawn 
 nut*  himfelfe  thewhole  adminiftration  of  the  "Realme^madehtmftlfe  master  of  the  Kings 
 Coancels,  Armies tand  Forts  ;  thereby  fupprefl  the  Uwfttll  Ubertie  and  Remonftran- 
 cesof  the  Parliament  .caufid  the  chief  Officers  to  beimprtfoned^andwas  thecaufeofthe 
 violence  done  to  the  Prince  of GondCyfirft  Trince  of  the  Blood:  To  the  end  therefore 
 that  they  might  not  be  reproached  to  have  been  [o  little  affected  to  his  L^fajeftie^o  un- 
 gratefullto  their  Countrty,  andfo  unfiithfull  to  themf elves  and  their  pifterity  ,  at  t» 
 hold their peace ,  feeing  theprodigiousfavwr  and  power  of  this  fir anger ;  they  befeech 
 his  Makefile  to  provide  by  convenient  means  for  the  difordersofthe  Eft  ate,  and  to  cauf'e 
 the  Treaty  */Loudun  to  be  obferved9  and  to  call  unto  his  £  omgels  the  Princes  of  the 
 Blood  with  other  Princes*  Dukes,  Peers,  ancient  Officers  of 'the  Crowne  and  Conncel- 
 lors  of  State,  whom  the  deceafed  King  had  implied  during  hi*  r eigne  *    WithaJl  they 
 gyblifti  a  foiemne  Decoration  and  Protection  tjjtr  t  her  goring  of  the  Kings  autho- 
 rity ,  and  prefer vat ion  of  the  R  edltne.  again ft  the  conjp iracie  and  tyranme  of  the  Mar* 
 flail  of Ancre,  and  his  adherents:  Whofindingnofafetieinthe  iectlingo!  j  i  rice,    re- 
 foived  to  maketrialJof  his  power,  by  violating  the  publike  faith  ,  thereby  to  plunge 
 the  Rcslme  into  new  combuflions ,  eonlpiring  to  deftroy  the  princes  ofthe  blood,  of 
 Peers  and  chiefe  Officers  of  the  Crowne,  and  tooppreffe  them  altogether,  wi.h  the 
 State  who  might  be  an  obftacleto  his  ambitious  defigncs.   To  which  end  he  raifed 
 falft  accufations  againfl  them,  as  if  they  meant  to  attempt  the  Kings  and  ^uten  Ma~ 
 thersperfons ;  and  can  fed  the  King  to  go  inperfon  to  his  Court  of  Parliament  to  pubhfh 
 a  Declaration  ^whereby  they  weredeclaredguilty  ofTreafen ;  though  at  laft  being  bet- 
 ter informed  ,  he  declared  them  to  be  his  q^ood  Subje&s,  and  caufed  De^ncre  to  be 
 fuddenly  flain  in  the  Lauure^nd  his  Wire  to  be  legally  condemned  and  executed :  Vp- 
 on  which  the  new  (founceRorsand  Officers  advanced  by  him^  were  removed,  the  old  re- 
 ftored%the  T>fincesreconciledtotheKingy  andby  him  declared  for  his  good  and  loyal! 
 fubjetls:  Vpon  which  followed  a  generall  affembly  of  the  Eftatcs,    wherein  divers 
 grievances  werepropounded,  and  fome  red  re  (Ted  ;  the/King  therein  craving  their  ad- 
 (byi&if*iio,  vice  for  the  fet/wg  and  ordering  of huVrivieCouxceS*  (b)  Anno  \  6  20.  trreie  happen 
 ¥>&*•  differences  between  the  King  and  Queen  Mother ,  who  fortified  Towns,  and  raifed 
 
 an  Army  againft  the  king;  at  Iaft  they  came  to  an  agreement,  and  were  reconciled* 
 ThctwofoUowingyears  were  fpent  in  bloody  cWill  warresbetweene  theKing  and 
 thofe  of  the  Religion,  who  avowedtheirde fen  five  warres  lawfully  which  at  la  ft  cen» 
 eluded  in  peace:  that  lafted  not  long,  but  brake  out  into  new  flames  of  war,  by  rcafon 
 f&u.  fa  $y»  Qc  t^c  grcal  Gardinall  Richelieu,  who  of  late  years  rc)  proved  the  great  eft  Tyrant  and 
 2oj>p$j--hislit.  Qpprirfour  /£*;  France  ever  bred  9reducingb&th  Nobles,  Cjewtlcmen,  and  Veaf ant  sin- 
 to  abfelute  flavtry  andvaffiallage^to  make  the  King  an  abfoiute  Monarch  of  France,md 
 hirnfclfc  both  Pope  and  Monarch  of  the  wor!d:  But  he  lately  dying  by  the  of  Divine  ] 
 luiUce  offiltby  Vicc-rs  and  Difcaies^nd  the  King  fince  being (fomc fay )poyfonedby  the 
 Je/Hi?fft  who  saunhejed  his  two  immediate  Prsdeccffors ,°  wife  oisiKonje&urc  the 
 
 French £ 
 
The  SoTteraigne  power  o/Tarliaments  and  [\ingdemt.  « i 
 
 French  will  now  at  hit  revive  and  regain  their  ancienr%j*ft;herediccry  freedom  ,  ighu 
 Liberties,  and   caft  of  thai  inluppurtable  yoke  of bondage  under  which  they  have 
 been  oppi-ei^cc!  (or  fund ry  y  ars,  and  tlmott  brought  to  utter  dcfola, 
 I  hitcthelongei  infificdoa  theft  Hiftotiet  mcet 
 
 (  which  clearly  demonic,  ace  the  ucaim,  Parliament  tod  rrto  be 
 
 the  Sovcraignc  Power  in  that  Kingdom  in  (bmc  fort,  part  mount  their 
 
 fclvcs,  who  arc  noabfoIute.V  onardis  ,  nor  exemped  from  the  Laws,  on, 
 
 rcflrairvc? ,   ccnitircs  of  their  Kingdom  and  I- (tares  aflemblcd.as  fomefalilyafcne 
 
 theyarc  )    bccaufcourRoyalills  and  Court  DoAori  parallel!  EnfUndm'i^k  France, 
 
 making  both  ofthcmabfoJute  Monarchic;  and  our  greatcft  maiViuni  C  mncel'ois 
 
 chiefc  Dehgne  hath  been  to  reduce  the  Government  of  Sntlard  to  the  late  model!  and 
 
 new  arbitrary  proceedings  of  France ;  which  howpernicious  they  have  proved  to  o'oramu  £ 
 
 thatunfortunatc  Realm,  what  infinite  di.iru$ivecivilJ  warres  and  combuftionsthcy  part^.co-.fid! 
 
 have  produced,  and  ro  what  unhappy  tragicall  deaths  they  have  brought  divers  ofz9,jo. .-; 
 
 their  Kings,Princes,Nobles,and  thouiands  cf  their  people,  it  c  prcmifies  ft  other  k  to-  parj  *e  Ttoatu 
 
 ryes,  Will  fofardifcover,  as  cocaufcaiJ  prudent  A'tngs  and  Scatefmcn,  to  Hccr  the  °' H°ntur t  *■• 
 
 Helme  ofour  own  and  other  ATingdoms  by  amorcfafc,  Rcddy ,  and  rora-natecom-  ^jg£,  %*Ttii' 
 
 pafle.  Thus  I  have  done  with />*»**,  and  Hull  rccompencc  any  pcoiixiry  in  it,  with  d< 
 
 greater  brevity  in  other  7ungdom<, when  I  haveovcrpatfed  Sr*in»  toi  P**t '->*//«, 
 
 ^tora  France  Ifliallncxt  (leer  my  courfetothe  ATmgdomes  and  a  logsofify*/**,  &c.  Gt&*tl 
 y<hovn  I  icobw  Vddefius  Chancellor  to  the  KingofSpatn'm  a  large  Book  dc  Digni\  f^/****** 
 tateRegum  Regncrumfftse  HijpanU  piintcd  at  (yr**sdo%  1  $  02.  profcflcdly  under  (d)  Setlmmm 
 takes  to  prove,  t9  be  of  greater  digiity3  and  to  have  the  Precedency  cf  the  Kings  a«d  MsisadcRt* 
 Ki>;rdom<ef  France,  whrch  (*  )Caffan*t*s  and  all  French  Advocates  peremptorily  le&  Regit, 
 deny,     Tne  fir  it  A'mgs  of  Spain,  over-run  by  the  Cjeths  ar:d  mf<^cthsy  arethofe  their  J^fjfj  c'  -'• 
 Writers  call  the  Gethijb  Kings ,  w\\o**>  Mtcha-lRituade  Regtbus  Hi/paw*,  L,  f/gSuS^ 
 &  2.   Iohamm  Muriwa  de  rebiu Htfpani.t  ,  £.  2,  3.  the  Cjcnerail  Hijlory  #/Spain,  Arsg  c. 
 andothes  affirmc,  were  elelicd  by, and  had  their  authority  from  the  people  :    You  may  »< 
 readc  their  lives  and  fucceffions at  large  in  thefe  Authors,   and  findc  (d)fome  of  them  s^c»c- 
 dtf- inherited  and  depofed  by  their  fubjetls^  otters  of  them  tn  ward  dmmg  their  mi.  l'a  lim^' 
 nniues  tofnch  af  the  State  appointed;  ethers  murdered,  bt4t*liofthcmfub)cCttotl;e\r«\^ 
 Lawcs of 'their  Realms,  as  it  is  evident  by  checviprciTc  ancient  Law  of  the  fV:lgot!.sy  (e)  1§ommm 
 having  this  Title ;  (e)  Quod t am  R  giapotcftu eyu  tmpifulormm  '.r.u  Legnm re- 
 
 Vereutut  fitfubjeUa  ;  by  other  law es  thereto  annexed,  by  Iohanms  M*ri,.n*De  Regc  Pgn 
 &  Regis  inftttntione,  L.i.c.9.   f  / )  Thofe  whom  they  properly  -    s  ^/Spain,  h  id  ,, 
 
 their  royaii  authority  derived  to  them,  conferred  on  them  by  the  people ;  upon  thtsoc-  L.,V2  *  3/. 
 cafion,    Spain,  being  a  Prozi>ce/ubJec7  to  the  Rom3n  Empire,  iras  ,forledy  ever-runne  (f)  lac. 
 andpoffeffedby  the -barb>\rons  Nfoors  for  many years ;  tn  which  time  the  Spinyards  oft  y&tjha  de 
 foHcited  the  Roman  fm^cronrs  for  ayde  to  e.xpsll  the  Moors,  but  could  gun  none*    ^'itJte  *t- 
 Whereupon  to  fr  ee  the  mfe  Ives and  their  Countrcyfr*mfl.ivcry%  they chofe  one  Pclagius  Jj^rjJE 
 fr  t'jetr  Captain,  by  who fe  valour  they  cinqucrcdtbe  Moors  fand  thereupon  by  una-  psri.i.c. 
 ntmous  confent  Slewed  and  O  tf»>r<?;/Pelagius  KintrofQv\tc\o,rvhim  the  Sftmijb  W,i-  xar.  M.. 
 ters  mention**  tbefirft  King  of  Sp*ir,:  And  this  their  defcrtion  by  the  Emperours^hc  *Mm*Rtp* 
 Spanifli  Writers  generally  hold  (and(^J  laccbusValdcfiw  proves  it  largely  )to  be  a  qJ]£ 
 fujficient lavfultgro^n.i for  the Sp<t*iyards>evcnbj  the generah  A?a»  of  N*iws,to  caft  $  " ^  0j 
 
 their fabjcdionto  the  Rom*:t  Emp*rt ,  ar.dto  cleft  a  King  ,  creel  a  Ktrgdom  of  their  f„i<*.: 
 
 G  r2  w* 
 
5  z  The  S*>eraigne  po^er  of  Parliaments  and  Kingdom*. 
 
 <»wn,  exempt  from  aUfubjeUion  to  the  Emperor  ,  fince  they  pur  chafed,  their  own  liber  tie 
 and  Countrey  from  the  Gothes  byconqueft,  ofthemfelves  alone  without  any  aide  or  affi- 
 ance from  the  Roman  Smper ours  ,  to  whom  ( forth  Jsreafon  )  they  hold  themjelves  and 
 their  Kingdom  no  wayesfubjetl ;  yet  for  all  this  they  deem  their  Kings  inferiour  to  their 
 (jbjP#M«M*  whole  Kingdoms ,  and  cenfur able,  yeadepo fable by them ,   as  is  cleerbythe  (h)forecited 
 &  Fox  Afts     pajfage  of  the  Bifioop  ofBurgen}  f  AmbafTadour  to  the  King  of  Spain,  in  the  Counccll  of 
 &  Mongol  u  gaj-tii  ^  an(j  by  Jobannis  Mariana  the  Tefuites  Book ,  de  Rege  &  Regis  Inftttutione,  de- 
 p7^8io»        Seated  to Thilip  the  third,  Kingof  Spain,  printed  at  Madrit  in  SpAin ,  by  this  Kings 
 ewnsf>eciallpriviledge,Dztcd  it  Madrit,  January  25*1199.  and  after  this  reprinted 
 %.tMentz*VL\(jermany*  *Annoi6o<$ .  Cum  privilegio  facta  CafarU  Majeftatis ,  fco 
 vvi^ofthcEmperour  Radulph  thefecond)  &  per  miff u  S'uperiorum  ;  who  certainly 
 would  not  thus  fpecially  approve,  authorize  this  Book  for  the  Prcfle^had  it  maintained 
 any  Pofitions  contrary  to  the  Laws,  or  derogatory  to  the  Prerogative  Royal  Jof  the 
 Crowncs  and  Kingdoms  of  Spain,  though  other  States  cannot  fo  well  digeftit.  In 
 this  very  Book  the  Authour  (  who  hath  likewifc  written  a  hrgcHiftory  df  the  affaires 
 Cft  1  &i  JX     **&  Kings  of  Spam  )  professedly  maintains  ( in  a  fpcciali  (i)  Chapter,  wherein  he  de. 
 teptm,  InftiU   bates  th  is  Qieft  \ow,whcther  the  power  of  the  Republike,or  King  be  greater  ?  )  That  the 
 caj.2. ?£%,&£•  whole  Kingdom,  SttteaudTeople  in  every  lawful Kingdom ,  and  in  Spain  itfelfe,  are  of 
 greater  power  and  authority  then  the  King:  His  rcafons  (which  Ihaveforbrcviey  di- 
 gefted  into  number  in  his  own  words)  arc  thc(e  .•  Firft,  bccaufeaU  Roy  all  Power  that  is 
 Uwfull ,  hath  its  originaftfrom  the  Teeple,  by  whofe  grant  the  fir  ft  Kings  in  every  Repub- 
 hke  were  placed  in  their  RoyaH  ^Author nie ;  which  they  circumfcribed  with  certain  laws 
 andfanftions,  left  itfhould  too  much  exalt  itfelfe  to  the  diftrutlion  of  the  Subjects,  and  de- 
 generate into  aTyranme.  This  appearsinthe  Lacedemonians  long  fince,  who  committed 
 enely  the  care  of Warre  and  procuration  of 'holy  things  to  the  King,  as  Ariftode  Writes. 
 sAlfo  by  a  later  example  oft  he  Aragonians  m  Spain  ,who  being  incitedwhh  anearneft  en- 
 deavour of  defending  their  libertte,  arid  not  ignorant  how  the  Rights  of  Libert  ie  are  much 
 diminifbedfromfmail  beginnings,  created  a  middle  Magiftrate,  like  the  Tribunall  power 
 (commonly  calledat  this  time  Aragoniaeluftkia,?/?*  juftice  of '  oAr agon  )  who  armed 
 with  the  Uwes,  authoritie  and  endeavours  of  the  people ,   hath  hitherto  held  the  Roy  all 
 Power  included  within  certain  bounds ;  and  it  was  fpecially  given  to  the  Nobles,  that  there 
 might  benocollufion ,  if  at  any  time  having  communicated  their  counfell  among  them- 
 f elves,  theyfhould  he*}  affemblies  without  the  K ings  privity , to  defend  their  Lawes  and  Li' 
 be  rties.     In  thefe  'Rations,  and  thofe  who  are  like  them,  no  man  will  doubt ,  but  that  the 
 authoritie  of  the  Republilee  is  greater  then  the  Kings.     Secondly ',  becaufe  in  ether  Trovin- 
 ces  where  the  people  have  leffer  and  the  Kings  more  power,  and  all  grant  the  King  to  be 
 the  Rettor  and fupr  earn  Head  oft he  Commonwealth ,  and  to  have  fupream  authoritie  in 
 managing  things  in  times  of  warre  or  peace  ;  yet  there*  the  whole  Commonwealth  and 
 thofe  whoreprcfentit ,  being  chofen  out  of  all  Eftates ,  and  meeting  together  in  one  place, 
 (or  Parliament)  are  of greater  power  tocommandand  deny ,  than  the  King,  which  is  pro- 
 ved by  experience  in  Spain,  where  the  King  canimpofe  no  Taxes, nor  enatt  no  Laws  if  the 
 people  diffent  or  approve  them  not :  Tea  Jet  the  King  ufe  art,  propound  rewards  to  the 
 Citizens ,  fometimes  fpea  liby  threats  to  draw  others  to  confent  to  him ,  folicite  with  words, 
 hopes, and  promt fss,  (which  whether  it  may  be  well done we  dilute  not :)  yet  iftheyfhall 
 re  fist ,  their 'judgement frail  be  preferred  and  ratified  before  the  Kings  wtlL     Thirdly, 
 becaufe  when  the King  dies 'without  fffuwrMeir,  the  Kingdom  andpeoplcjvot  thrTrinc* 
 
 deceafed, 
 
The  SoTperaign  popper  of  Parliaments  andI\r'n%domes.  53 
 
 deceafed,  oug  ht  to  chufe  the  fticced-rg  K ing  out  of  am  Fourth!/  ,  bet  'd*fe  tf 
 
 the  Kingvexe  the  Republtks  with  his  evtlt  manners ,  and  degenerate  into  an  opi  10, 
 
 the  fame  Commonwealth  m  tM  him  t  yea ,  deprive  him  of  the  Pri-cipalttie,andof  1 1 1 
 
 life  to,  ifneedbe;  which  it  could  not  do  unltffe  it  were  of  greater  Tower    then  the  Kirj, 
 ttftly,  becaufe  tt  is  not  lively  that  the  whole  Kingdom  and  Comtmn  Wt/tf  would  t\ 
 (trip  t  hem  ft  Ives  of 'all  Power  and  ^Authority ,  andtransfcrit  to  wit  hern  excepti- 
 
 on, without  counfellandreafin,  when  they  hadnonecejjitieto  do  it,  thatfothe  Prince  Jub- 
 jett  to  corruption  and  wtckedntjfe,  might  have  greater  Power  then  they  all,  and  the  iffue 
 be  more  excellent  then  the  Father,  the  River  than  the  Spring  (  the  Creature  than  the 
 Creator  of  it  :  )  And  although  perchance  it  be  m  thepleafure  of  the  Commonweal  to  r. 
 away  the  plenary  Power  from  it  felj  and  give  it  to  the  cPrincc  ,  jtt  the  Commonwealth 
 flsould  do  unwifely  to  give  it,  and  the  Prince  ra.Uy  to  receive  it ;  by  which  the  fnbjetls^of 
 Free  men  (houldb  come  Slaves,  and  the  P  rtncipa  lit  ie  given  for  their fafetie,  Jhonldd-  ge- 
 nerate into  a  Tyrannic,  which  then  onely  is  Regal  I,  tf  it  contain  it  fe  If  within  tie  bounds 
 ofmodeftyandmediocritie;  which  Power  whiles  fome  unwifely  labour  daily  to  augmot, 
 they  dimintfhand  utterly  corrupt  it ,  that  Power  being  onely  fafe  which  puts  a  meafure  to 
 itsftrength  ;  for  a  Trince  ought  to  rule  over  thofe  who  are  willing,  to  gain  the  Uveef  hii 
 fubjelj^andfeekjheir  welfare  ;  which  Power  ifitgrowsgrievoiu  f  ialtes  the  King  of  I  H 
 peoples  love,  and  turns  his  power  imowcakneffe :  Which  he  proves  by  the  forecited  S  iy- 
 in<*  of  Theopompus  :  For  Princes  who  impofe  a\  Bridle  on  this greatnejfe ,  more  eafily go- 
 vern themfe  Ives  9tt,  and  their  fub  jells  ;  whereat  thofe  who  forget  humanity  and  modejue, 
 the  higher  they  climb ,  thegreaeer  is  their  fall :  This  danger  our  <>Ancc flours ,  wife  men, 
 conftderixg  how  they  might  keep  their  Kings  within  the  limits  of  mediocrity  and  mode  fly  f 
 Co  as  not  to  If  tup  themfelves  with  overmuch  powers  to  the  Pub like  prejudice,  have  enabled 
 many  thinos  wifely  and  excellently ;  among  others ,this,  That  nothing  of  great  moment 
 fhould  be  decreed  without  the  confent  of the  Peers  and  people ;  and  to  that  end  they  had  a 
 cuftom  to  affemble  Parliaments  chofen  out  of  all  orders  of  men, as  Prelates, Lords,  and  Bur- 
 rejfes  cf 'Cities  ;  which  cuftom  at  this  time  is  fill  retained  in  Aragoi)  and  other  Provw-  Ncts- 
 ces  ;  and  I  ivijh  our  princes  would  reft  ore  it :  For  why  is  it  difcontmuedfor  the  moftpart  in 
 our  Nation,  but  that  the  common  confent  being  taken  away,  and  Parliaments  excluded , 
 wherein  the  pub  I  ike  fa fety  is  contained,  both  pub  like  and  private  affairs  may  be  turned  in- 
 to the  Princes pleafare,  and  the  lufts  of  a  few  corrupt,  vicious  ,  and  voluptuous  (fourtters 
 and  P  ar  a  fit*  s  may  domineer  and  order  all  things,  Sixtly  sbecaufs>many  great  andlearn- 
 ed  men  hold,  that  the  'Tope  a/Rome,  who  is  of  greater  Power  then  any  King,  i*yetfub;ecl 
 to  the  whole  Church  and  a  GenerallQonncell\  therefore  the  King  muft  much  more  be  m* 
 feriour  to  his  KingdQm.  Seventhly  Jbecaufe  the  whole  Commonwealth  hath  greater  fir  ength 
 Andforces  thanthecPrince,be  he  never  fo  great  tn  Tower  ;  and  therefore  if  they  d'ft- 
 cree  their  Power  will  be greater  :  Tea,  AnftotJe  wifly  would  have  the  Commonweal  .net 
 onely  to  be  of  greater  authority,  butltkewifeto  haveftronger  Forces  then  the  King ;  which 
 he  proves  by  *siris~lotlcs  forecited  words,  by  the  practice  of  the  Ancients,  and  tn  : 
 0{Syracufetwho  did  moderate  their  Tyrants  and  Kings  Guard  fo,  that  they  might  bfsti 
 to  over-power  and  mafter  them  upon  any  occafion.  How  great  the  authoruieof  our  Re- 
 ■tubli\eand  Nobilittewas  m  the  times  of  our  Anceftors,  1  will  give  you  but  one  exanc 
 and  fo  conclude:  Alfonfo  the  eight  King  o/Calteil  befeged  Concha,  a  City  feat c din 
 RockiefUces  }audthemoftfirme  Bulway\of  the  Moors  territories  on  that  part :  wantirg 
 money  to  pay  his  fouldtcrs)  and  thereupon frovifiws failing ,  the  King  hafttns  to  Burgon  : 
 
54  T  be  SoVeraigne  power  of  Parliaments  andKingdoms* 
 
 and  in  a  nationallaffembly ,  he  demands,  that  beeaufe  the  people  were  wearied  with  Taxes 
 forfnpporting  the  H'arre,  the  gentlemen  would  give  five  LMurusdines  a  Pell  to  his  trea- 
 sury •  that  *this  opportunity  of  blotting  out  the  name  of  the  Mores  was  not  to  be  omitted. 
 Die°lius  thenGovernourofC^Vi^hm,    afentedtothis  Counfell ,  Peter  Earl  <?/Cara 
 with  flood  this    motion ,    and  gatherieg  a  band  of  Xobles  ,  departed  from  the  afem- 
 bhy,  readily  to  defend  with  Armes  the  Liberty  gotten  by  their  Anceftors  with  Armes 
 and  valour ,  affirming, that  he  would  neither  frfer  a  beginning  to  be  made  ofoppreffing 
 and  vexing  the  Nobilitie  with  ntw  Sub fidies.fr  cm  this  entrance  or  occafion;  That  to 
 fupprejfe  the  Afores  was  not  of  fo  great  moment ,  that  theyjhouldfifffer  the  Commonwealth 
 to  be  involved  in  a  greater  fervitude.  The  King  moved  with  the  danger,  defijfedfrom  that 
 purpofe.  The  Nobles  taking  advice, decreed  to  entertain  Vctcx  with  a  banquet  every j ear \ 
 as  a  rewardto  him  and  his  Tefteritte  of 'this  good  forvtce.a  monument  sopofierity  of  a  thing 
 ty&Hdone,  andadoenmevt  that  they  fhould  not  fuffertherightofltbertieto  bje  dimintfhed 
 upon  any  occafion .  Let  it  be  a  fxt  refilution  therefore  to  provide  for  thefafetie  of  the  Com- 
 monwealth,forthe  Authority  of  the  Prince  yet  fo  as  to  retain  their  royaU  principality  imr- 
 derwith  certain  bounds  and  limits ',  and  that  thofevain  talking  par afites  and  decevers  may 
 not  ruine  both  ,  who  exalt  the  Princes  Power without  meagre  ,  of  which  we  my  fee* 
 great  number  tnTrinces  Courts,  excelling  in  wealth,  favour  and  power ,  which  plague 
 (bail  alwayes  be  accufed  and  complained  of,  butfhdltver  be  andcontinue.     Thus  Ma* 
 r*^,\vhokihis  next  Chapter  (worthy  reading)  prove?  at  Jarge  by  invincible ar. 
 (k)VcRcge  &  ouments,  (k )  That  allKmgs  andTrinces  (among  others  theKings  oj Spain  j are,  and ought 
 Rcgum  ln\,  it.    *g  ye  yom{{  by  taws ,  and  are  not  exemftedfrom  them ;  that  th  u  doftrine  ought  to  be  i*m 
 1 1  *C'}*  culcated  into  thy  mindes  of  Princes  ft  om  their  infancy,  and  to  be  beleeved ,  yea  oft  confi- 
 
 dered  of  them ;  thnt  they  are  morefiriclly  obliged  to  obferve  their  Laws  thanfubjefis, 
 becaufe  they  arefwornto  do  it;  they  are  the  Confervators  of  the  Laws,  the  Avengers  of 
 thefe  that  infringe  them,  and  their  examples  are  the  be fi  means  to  draw  fubj efts  to  obey 
 them.  Where  he  again  affirms,  That  the  whole  Kingdom  is  above  the  King,  andmay 
 not  onely  binde  him  by  Lawcs,  but  que fi  ion  him  for  the  breach  of  them.  Before  bot  h  thefe, 
 in  hisfirtt  Book  De  Rege  &  Reguminfiitutione,Chap.  fc  4,  5,  <5,7«  he  affirms  the  like; 
 addi  no  moreover,  That  in  many  other  Realms  mere,  where  the  Crown  is  hereditary,  the 
 whole  Commonwealth  tnot  the  King  hath  anduughtto  have the  chief power  to  defigne  by 
 *  Law  (which  the  King  himfelfmay  not  alter  ,  but  by  their  confent  s)  who  jhall  be  the 
 next  Heir,  to  avoid  quefiions  and  commotions  about  the  Tttle  to  th:  Crown  :  That  where 
 the  Riqfht  of  the  Crown  is  in  contr  over  fie  the  whole  Kingdom  and  State  ought  to  decide 
 the  right,  and  fettle  it  where  they  fee  beficaufe  :  That  if  the  right  Heir  m  Hereditary 
 Kmgdoms,yea  in  Spain  ,bean  Ldeotjnfant,  Woman ,  oraperfon  unmeet  or  not  fo  fit  to  Go- 
 vern ,  as  others  of  the  bloo  d,  he  may  be  lawfully  put  from  the  Crown,  and  another  of  their 
 Race  lav f ally  fubfiituted  King  in  his  place  by  the  whole  State,  efpecially  when  the  good  or 
 fafetieofthe  i'tmmv  .wealth  requires  it ;  becaufe  the  fit fety  of  the  people  is  the  fupremeffl 
 Law,  and  what  they  by  common  confent  have  Enabled  onely  for  the  publike  fafetie  ,  they 
 .may  without  any  obfiacle  alter,  when  things  require  it,  by  like  common  confent  ;  efpe- 
 ctally,  becaufe  the  hereditary  Rights  ofrcigri*g  are  for  the  moft  part  made ,  rather  by 
 the  dijfimulation  of  the  People ,  not  daring  to  refifithe  will  of former Trinces  y  then  by 
 their  certain  will,  and  the  free  confent- of  all  the  E slates :  That  he  which  is  thtufcttledby 
 ;onfemof  all  the  Estates  hath  ajuft  Title  againfithc  next  Heirof  the  Blood  and  his  IJfue9 
 who  arc  put  by  the  Croxvn\elsc  dwcrsKtrgs  andTrir;ccs  now  reigning  inS^ain&  elfwhere9 
 
 fimld 
 
The  SoTteraignt  ?ower  of  Parliaments  and  kingdoms.  5  5 
 
 fhould  bettjtirpers  an  i  Wd 
 
 n<t  the  next  ri^ln  hares  of  tot  .  \  ck^  (for  all  which  particulars  he  giv< 
 
 in(l3iuc$  in  the  Kkigdomci  c  i  Spatm  )  as  m  Bertnf* 
 
 of  France,  Ferdinand,   S-'-cho  the  younger  \cnne  <j{  Alfonf,  Hi 
 KingofPor:  ^and  I  ntn  the  1.  r>f *rago*y  r^c.   Cevluding, 
 
 King  degenerate  into  aTtrant ,  by  fubverting  I(eligto»9  Lawes,  Liberties,  opp  ejfinrt 
 mu)  tberyig,  or  dcjlvwrirg  hit  fubjetis ;     the  whole  Ktngdorne  may  m  t$tf 
 
 admonijh,  and  reprehend  him,  but  in  cafe  btfrtveti  (e  after  admomtifln,   de- 
 
 prive htm,  and  fubfittute  anothc?  in  hi'  place  \  witch  (  faith  he  bath  been  done  more 
 then  er.ee  m  Spam  :  Thu  '  Ktr.g  Peter  was  publicly  rejetled  for  his  cruelty  to  his  fubm 
 jells,  and  Henry  his  Brother  (  though  of  an  unclean  Mother)  obtawedthe  4  fo 
 
 Henry  hie  T^jpbewes  Nephew  for  his  fivthfulnejfe  andevtll manners  was  depofedby  the 
 Nobles  fftffr ages,  and  Klfbanfo  his  Brother  ^  M  ough  but  ayong  child prscl umed  £m{* 
 After  his  death  Elizabeth,  (Henry  his fifter)  had  the  chiefegoz  crn&cnt  of the  ^tabme 
 leaving  Henry.   And  for  a  conclusion  he  addes,  Tbatfuc^  a  Tyrannical/  Kik<j  confi- 
 nuingt :  corrigible  after  publike  admonitions  of  the  whcleStatef  if  there  be  no  hopes  of 
 ametdnent ,  may  not  onely  be  depofed,  but  put  to  death  and  murtheredby  the  whole 
 State,  or  any  particular  perfons  by  thur  appointment  ^ycawtthout'ty  (a  notcfomewh  > 
 above  E  la)  if he  be  declared  a  dublike  enemy  by  the  whole  slate ;  ar.d  in  caje  the  whole 
 slates  cannot publil^e'y  affemble  by  reafon of  fuch  a  Princes  knowne  notorious  tyranny , 
 be  writes %  Th.it  then  m/ucb  a  cafe  it  is  lawfull  for  any  private  man  to  murther  him,  . 
 free  the  Countrej  and  Kingdomefrom  deftruftion.  Adding,  that  it  is  awholfome  me- 
 ditatioyfor  Princes  to  be  pcrfwaded,  that  if  they  oppre  iff  the  Common-wealthy  if  they 
 become  imollerablethorow  vices  and  fllthineffey  that  they  live  m  fuch  a  conditio:,  that  (')  TOff 
 ibcy  may  r.ct  Ohelybe  flaine oj rright ^but  with  laud  and  glory .    Peradverturc  this  fear  e  HtJLof  brance^ 
 YriUretardfome  Princes  that  they  give  not  themf elves  wholly  to  be  corrupt  edwtth  vices  ?'  **'  • 
 flatterers,  andcafi  bridles  upon  their  fury.  The*  which  is  the  chief V,  let  the  Prince  bee 
 perfwaJed,  that  the'  authority  of  the  whole  Common-weahbis  grca:  tt  I f  cihis,  being 
 iut  onet  neither  let  him  b  clave  the  worfl  ofmeny  affirmingtbe  contrary  for  to  prdtifue 
 him,  which  is  -lerypervicicus.  All  thcie  pohtions  oi  Mariana  (however  other  .Kings 
 and  Kiugdomes  mayrelifh  thcm,cfpecially  thelaft  touching  private  Subjc£ts3  which 
 fewcanapprove,  the  /'ariiaments  of  France  doing  pubiikc  execution  on  this  Book, 
 as  they  had  j.\{[  caufe,/^  extolling  and juflifying  tbebarbaroi.s  murther  of  their  Km? 
 Henry  the  $,by  Jarr.es  Clement  aDontmicanFr^er^l.  i.  c.  £•/>.  S  \.t9]J+**d  jnfltfy* 
 imqtUt  Gntfe.:  "Rebellion)  are  yet  authorised  as  Cathohkeand  Orthodox  by  the  m.sl  (m)  SeeDcikf 
 Catbclil^e  KixgofSpawe,  and  the  Smperour  of 'Germany ,  in  whole  Kngdomcs  the,  l0  m  ''"'•'•• 
 pafle  for  currant  coyne,  the  moB  dangerous  of  them  being  feconded,  not  oncly  by  Dr/^fe/^' 
 Hieronymus  Blanca  in  bis  Ar  agones  fium  Rer  urn  Comment  arm  9  Iobannts  Fiftorixs  their  fro'rds  arc 
 HifpanUHluftrat<e,&c\  and  other  Spanifh  Hiftorianscolle&ed  by  him,  but  JikcvNife  qu  ^tcd  for  ty- 
 by  (w)AlvariftsT>ela^it#iCardinailTe!tt,C*ptftranHs,Dcmi>:tc;uBaKnesyFrancif-  «M»J  arMrT, 
 cusFitiori^Simanchd  Fatcnfis,  qregory  de  Valcntia,  Su  r  *,  :jc  DoVtorsofSala-  J^JfSj 
 manchaiBecanus>BeiUrmme3  with  other  Spanidi  Iefu;tesi?c  Writcr^who mo i\  here-  ^ Fru2;cc  ?.%^7 
 ticallyaffirme,  IhateventhePcpe  done  either  with  or  without  aC:unccll,  forherefie  9M),l5.  H79,. 
 (as  they  deem  it)  andobjttnacy  agawfe  the  See  of  Rome,  may  excommunicate y  cenfure,  ii  *t 
 depofeykill,  or  murther  any  €hrifhan  Frmccsy  depofe  them  from  their  thrcy.es^  difpofc  IX*3»nj 
 of  their  Crow-net  to  ethers  *t  their  pleaj 'arcs ,  abfoive  their  fubjeits  wholly  from  \ 
 
 ttfegeancf, 
 
56  The  SoTveraign  power  of  Parliaments  and  KjMgfomes. 
 
 Allege ance,  and  give fab]  eft s  power  to  rife  up  in  armesagaivfl  and  murther  them  by  of  en 
 («)  Ofcknfii-  jorce  orr€Cret  treachery ;  which  Bificf  Bilfon  truly  affirmes  to  befarre more  dangerous 
 **  S*14****    and  derogatory  to  Princes ,  then  to  attribute  fuch  a  power ,  not  to  any  particular perfons 
 Tt»  510*5*1.    but  to  their  or> 'n  whole  Kingdom es  and  Parliaments  onely:  who  being  many  m  number , 
 cf  the  fame  Ration  and  Religionwith9  and  having  many  deptndances  on  y  and  many 
 engagements  by  oath,  duty  , favours,  benefits  to  their  Princes  Jsffe  malice  ajrainfi  them, 
 judging  onely  according  to  thefnndamentallttawesoftheRealmet  and  former  prefix 
 dents  of  their  Ancefiors  ,and  aiming  at  nothing  but  their  Kingdomes  fafety,  are  like  to 
 be  morejufi  indifferent  Judges  of  their  Princes  anions  when  Jjuefiioned^  then  the  Popet 
 a  meertnemy  **dforraigner\  who  proceeds  by  no  other  authority  ,bu%  "what  he  hath  u»m 
 juftly  ufurptd from  Kings,  and  by  no  other  rules  but  his  ownewtll9pr$det  malice,  ho* 
 ftour  j  or profit.    I  have  thus  given  you  an  account  of  the  King*  of  Spaines  fuboidintm 
 tj/ftk  their  whole  kingdomes  and  Lawes  ia  point  of  Thcfis  and  po/itive  Doctrine 
 approved  by  thcnafclves,  profefTcd  by  theif  cmincnteft  Writers,  I  fiiail  now  proceed 
 to  Hilioricall  examples  to  confirme  it  in  point  of  prsc^iff. 
 (pMu*p%Ctfi       ^  Ordegne  the  14.  kingof  Cafiile,  fummoned^ Earlesof Cafiile  to  appeare 
 sttdcr'tti   Ar-  before  him,  who  refuled  to  goetoche  warresagainft  the  Saracens,  promifing  them 
 shiefi.lo'etani  fafecondu£t,notwithftanding  he  commanded  them  tobe  apprehended,  impriioned  and 
 veRtbHsbfp.  flain;  for  whici bloody  Treachery  chofe  of  C*fMe  rebelled  againft  him,  rejecting 
 /.4.v.f.<.t .i5v  his  government,  and  providing  for  the  fafcty  of  them  and  theirs  ,  Duos  Mdites , 
 Gl*-kiF.ofSf>a.  ^n  ^epotentioribusjed  de  prudentioribus  eligerunt,  quos  &  Iudices  ftatuerunty  &c; 
 *  They  chcied  two  prudent  Knights  of  their  owne  to  be  tbeir  Magiflratcs  and 
 
 Judges  ,    to   governe   thena  t    to  maaage   their   warres  ,   and   adininifUr  ju- 
 fticc  to  them:  the  one  was  mmtdFUviuj  Qalvusjkt  other  Nunius,  furnamed  deRa- 
 fura^Vihofe  Sen Gandefalvus  after  his  Fathers  dca'f^  \vas  fubftitutedin  his  place, 
 madeGenerallofthcMiliuaj  {fprhcipatum^MilitiaaddidaruKt)  andhisfon  after 
 Wmytama  Magnatibus  &  Militibus,  cjuam  tsfB    VNIVER  S  IS   POPVLlS 
 (f  AST 8^  AN  IS,  made  Earlc  oiQafiile,  and  all  iubmktcd  themfelves  to  his  go- 
 vernmfnt,  rejecting  the  Dominion  both  otOrdogno  and  his  brother  King  /VW/d  after 
 (ftRukrkus    fcim)  for cheirtyranny  andtrechery.  (y)tAiphon[o  thcgreatKing  of  G^rwabout 
 'Ukttam  de     tncyeereofGhrift  oi8.imprifoning  his  elddt  fonne  Qarfias,  laying  him  in  irons 
 I.'* *i  «       4    arK*  exerc^ng  otncr  cruelties,  was  by  the  pra&ifeof  bis  owne  Queen  Semen*  and 
 his  other  fonncs  and  Nobles,  fo  profecuted  and  out  to  fuch  ftreights ;  that  they  enfor- 
 ced him  to  lefign  his  Grown  to  his  fonne  Garcias,  and  to  deprive  himrelfcofh^  g> 
 ucrnment  in  the  pre&nceof  hisfons  and  the  grandees  of  his  Realm;  after  which  he  re. 
 qucfled  his  fonne  to  riifeaRd  grant  him  an  Army  togoe  againft  the  Sarazens,  who 
 cendefcending  thereto,  hee  gamed  a  glorious  Viclory  ou«r  them,  and  {>  dyed, 
 (a)  Ri</#.T#/,  ( q)  Alfhonfo  fonne  oiOrdsgno ,    King  of  Cafiile,  after  j.  yeers  reigne,  out  of  levity 
 /.{.{,  4,7.        rather  then  Religion,  refigned  his  Grown  to  Ramire  his  younger  Brother,  and  then 
 Mukft.c*fJ.\*  turndMonkaboBttheyecro^o.  but  not  long  after,  rafting  ofThisCoul  &leayinghis 
 ^t°^7        Monaftery,  he  began  to  jaife  forces,  and  toafpireto  the  Crown  again  which  he  had 
 tAl  refignedjwhciuponTc^jfcjr  raifed  an  Army  againft  him,andaftcr2.yeers  wanes  took 
 
 (r)%iM(?crfi     himprifoner,  put  cut  his  eyes,  and  thrufthiminroa  Mon?  fiery.  Cr)iVS»thefirR,the 
 co/fftdgrju      3  5  King  of  Cafiile  after  the  death  of  Ferdinand  King  cSPortuga/l  claimed  r-hat  kino* 
 c  io.p  jS.Gctt.  ciomQ  i*  r;ghtof  Eleanor  his  wife  and  next  Heire,  bu:the/>^r/l«^/-f  elected  Iohu,  a 
 fV**    baftard,  a  Knight  ofchc  blood  Royall  for  their  King,  and  excluded  Eleanor,     Henry 
 
 the 
 
The  So^eraigne power  of  Tar /laments  and  K^ngdvm.  57 
 
 the  4. the  }8.  Kir;  i7#,ruving  no  children 
 
 Elizabeth  hii  baiiard  daughter  I  eiretotheCrown;  ilcs  would  rioyvayc* 
 
 permit  it  ,  and  refitting  » im  with  all  tlicir  nvght,  pic  n  liiier  i  ft 
 
 .bethto  the  Crown, and  marrird  her  to  ft\  ■>-- 
 
 r*gQf$9  rejecting  hit  fpmious  daughter,   And  Frici 
 
 The  OryunaR  of  the  KtnM  if  P  crt :.  .u-mcs,that  the  K  n  tu^ilt  were  u- 
 
 fually ELECTED    BY  THE   SVFFKuGES  AND  CIl0/c 
 
 THE  ^PEOPLE,  who  had  power  to  conf  rre  the  Kingdomcrn  whom  they  plcafr<f:  rp  ciwfyrvU 
 averring,  ihtt*s{  If  or. fo  I*  3. and  ^.Iuhnthc  1.  Emanuil  2m\  Antonio,  Ki:  r*  r.  i0j 
 
 tttgatt)  were  thus  elected.  Which  though  (/  )  Dud  Leo,  a  Portugots  Tr 
 
 Lawyer  denyes,  and  fecmes  to  refute;  yet  he  grants  freely,  that  tic  Parlum.  'V*?*  Dc 
 
 Affcmblj  of  the  Eft  ate  sin  Portugall  have  ufisally  determined  the  Title,  .  ml  or-  p"flltK'f™ 
 
 dcred the  Succeffion  cf  that  Croivn  in  the  Cafes  of  thefe  1'rtnccs ,  and  determined  of  Gevec'lotia  lib, 
 their  Legitimate  or  fpttrioas  birthes  :  That  when  the  Kings  of  Portug.ill  ha:*  in  the  i.TomjC 
 dyed  without  Heires,  they  have  BY  THE  LAW  OF   ALL    N AT 10.  ft*- 
 
 elefledwhom  they  thought  mectcft  for  their  Kwgt  And  that  after  the  dca; 
 Fcrdmandythty  put  by  lohn  and  Ferdinandthe  lonnes  of  King  Pet  er.be  gotten  of  Ag-  "*^ 
 ties  de  Cafiro  his  Concubine^from  theCrown,  becaufe  they  w en baftards;  and  mere- 
 over  enemies  to  the  name  and  %ealme  of  the  Port ngois,  cntrtngwtth  Henry  and  Pe- 
 ter Kings  of  Castile  ,in  an  hoftile  manner  with  an  Army  into  the  Confines  of  Portugal! 
 wafting  them  ever y  where tand  doing grett  dammages  to,  and  committing  many  mar- 
 thcrs among  their  Citizens;  for  which  reafon^  the  States  ajjembled  at  (foimbri^  rc- 
 folved%  that  although  they  were  legitimates  yet  THEY  (  OVLD  NOT  OBTAIN 
 THE  SVCCESSION  OF  THAT  KINGDOME  ,  quod  fe  hopes  &  alienos 
 a  Portugalta  dedarajfent,becaufe  \  HEY  HAD  THV.S  DECLARED  THEM- 
 SELVES ENEMIES  AND  ALIENS  TO  PORTVGALL.  And  therefore  be- 
 leevmgthe  Kinqdometobcvoid  f>r  want  of  a  right  heire  to  fuccccd,  m  which  cafe, 
 BY  THE  L\W  OF  ALL  NATIONS  THEY  MIGHT  LAWFVLLY 
 ELECT  THEM  WHAT  KIN G  1  HEY  r LEASE D,  they  cbofe  John  the  Ba- 
 ftard,King.  After  v\  hkh  he  ilexes,  that  Pi.i/ip  the  2.  his  Title  to  the  Crown,  was 
 Jong  debated  by  yand  1  ifolvedinthe  AJfrmblyrfthe  States  of  Partugail  in  the  lift  of 
 king  Henry ,  who  fttmmoned  all  the  Pretenders  to  tbe  (frown  to  come  and  declare 
 tbet-  Titles  to  it  in  n  Parliament  held  at  Almicrin,  upon  the  Pcti  ion  of  the  Senate  and 
 People,  who  earncftly  pre  ft  d  him,  that  the  Title  of  the  croivn  might  be  fetltdanddifcim 
 ded  during  his  Itfe %to  prevent  diyifion  andcivi  warrcs  after  his  death  t  By  which  it  is 
 apparent,  that  the  Afiemb  y  o(  t  i\c  EllztQs  ot  To?  ttiga  11 ,  is  the  moil  So  veraign  power 
 and  above  their  king^hemlclves. 
 
 It  is  clear,  that  the  Q'othifi  kings  which  reigned  inS/Juw*  were  not  hereditary ,but 
 elective,  yea, cenfu<  able,  e.vcommunicable,  anddefpofablcby  them  fortheir  Male- 
 adminifrrations.    t)  The  Generall Hiftory  aj  Sp.une  \scxpxci\e}that  ammv  the  Cjoths  r^  \  \t    £  ^ 
 they  did  not  rcigneby  right  and jucceffiun from  Father  to  Sonne,  but  thoft  were  chofen  i+6s  ltannn 
 iCi-^samongth cm,  which  were  held  worthy ;  which  cle'dion  was  msdeby  the  Nobility  M^nana,Dt 
 ana  People,  and  if  any  one  did  ajfeft  that  dignity  by  any  other  unUwfull  me.  :nesy  be  was  j^MyW  •  * 
 excommunicated  andrejetled  from  ttoe  cumfany  of  cbriftiws;  as  upper  *s  b)  the  5,    '  4' 
 CeuncellcfTolcclo.   ThusValliathe  i.kiagchhc Goths, An, $\*.  AgHathc  lining 
 •xfw.5^6.  Luiba  the  1 5, king  An.  5051  Gundanur  the  18.  king  A>k6\o*  ^umUlla 
 
 H  h  the 
 
58  The  SoTperaign  Poloer  of  Parliaments  and  Kingdoms. 
 
 the20*king  An  6 21  *(v)Tu lea  the  23.  king <±An. 6/p.Bamba  chc  26*.  king  ofgoths, 
 
 bifl.Hifp.  pars  adulteries,  polluted  great  and  honeft  families,  corrupted  Nobles  wives,  and  commit- 
 i.intheir  lives,  ted  many  murthcrs ;  whereupon  the  chiefe  of  the  goths  confpiring  againft  him, 
 Joan  Mariana,  ftranglcci  him  at  Sevill  rioting  in  his  banquets,  and  elected  Sgilaiot  their  king  :  So 
 U&L  Vittrixthc  iy.king  of  the  Goths  &  vicious  bafcunwoithy  Prince,  wasmiferably  flahi 
 
 (x)  GetkMLof  hy  his  own  people  tor  his  vkioufneffe,  as  be  fate  at  Table,  (y)  Suintilla  the  20.  king 
 Spain  Jj.p.119  of  the  Goths  1  in  the  beginning  was  a  good  Prince,  but  in  the  end  he  grew  exceeding 
 *4©#i4?«  Rod.  covetous  and  crucll ;  wherefore  the  Goths  made  him  refgn  his  Kingdeme  about  the 
 fan  ft.  bifl.Hifp.  Vf  4n?  630.  an<i  deprived  him  of  the  crowne,  he  waslikemfe  excommunicated  by  the  BU 
 ()  Gen.  bifl  \f  fi°Vs  (w^°fi  power  at  that  time  began  to  e  quail  that  of  Kings)  at  the  4.  (founcell  of  To- 
 SfainJ.s.p.n*  ledopphick  interdicledhim.withgeilands  br  other  yt  heir  wives  andchddrenfhe  commu- 
 nion andfellowfhip  of  the  Church ,  and  thepoffejpon  of  their  goods  gotten  by  violence  and 
 i\)GenMfl.o/ tyrannicall meanest  and  Sifenandhls  ad  vet  far  y,  with  theconfent  of  the  people  ^obtained 
 SpainJ.$.p.TfT  theKingdom*Thc6Jz,)Cour\cd  of  Toledo  undei  Cinthiffathc  22.kingof  CfOths^abcut 
 Concil.  Toleta-  the  y  eare  68  6.  decreed?  and  by  aperpetuaU  taw  impofedon  the  Kings  of  Spain,  not  to 
 Ttumtc^Sum  fHfferanj  0„eto  livewithin  their  Dominions,  which  was  not  a  Catholike;  the  which 
 a-  p.  742! '  °   *  their  kivgsfbould  folemnly  fweare  before  they  were  crowned ;  and  if  any  king  fhould  goe 
 agamsl  that  Law  which  he  had  thusfworn,  hefhoulibe  excommunicate  and  accurfedm 
 fight  of  the  eternall  (fodt  and  made  the  fuel!  of  eternallfireiwhich  Canonwas  made^  not 
 only  by  the  ajfent  of  this  king  c£  his  Bifhops .  but  likens] e  With  the  confent  &  deliberation 
 fa)  SimusCon-  °f^is  ^(jbles  and  great  men.  In  the  (a  )  5.  Goimcel  of  Toledo  Under  this  king  it  was 
 til.  Tom.  1  p.    decreed,  Can.  2, 5,45  >6,J.  That  the  kjwgs  children  and  faith  full  fervants  after  their 
 739>74o.Mari-  deaths  ^fhouldnot  be  deprived  of  the  lands,  honours,  andjusl  rewards  by  thefucceeding 
 ana  deKtbJjifp.  kings,  which  had  been  conferred  on  them  in  their  lives ;  That  no  man  fhould  afpire  to 
 the  crown e  ticemionfly^  under  pain  of  excommunication  and  a  divine  Anathema,  whom 
 neither  THE  ELLGTiON    OF  ALL,  nor  the  Nobility  of We  Gothifi  Nation had 
 not  advanced  to  this  top  of  honour .  That  nonefhould^  during  the  kings  life,  endeavour 
 or  ufemeanes  to  fucceed  bim  after  his  death;  nor  yet  revile  the  Prince,  under  paine  of 
 
 .,  „  .  „  excomunication*  AW  which  particulars  were  ratified  by  new  (^)Canons  in  the  6. f%u*- 
 (t))SuYlHS  Con-  _   .    ,  .    ,  . r  .  a       •  ?    u-        i  3*  •         «-/        / 
 
 tiLtom.ifi.7M  celiof  Tokao  under  this  king,  Can.  14, 15, 15,17,15.  with  this  addition;  That  the 
 
 745-.  Mariana  kjngtieing  dead,  none  fhould  ufmp the  kjngdome  by  tyrannicall  prefumption  ;  that  none 
 de  Rebus  Hifp*  who  had  be  en  {haven  a  Monke%  or  difboneftly  bald,  or  defcendedfrom  a  fervile  fiocke% 
 k°>Ci$<>  er  am*  n  of  a  f arraign  T^jitioUyunleffe  worthy  both  in  refpetl  of  his  Pedigree  and  man* 
 
 nerSjJbould  be  promoted  to  the  Throne  of  the  Kingdeme ;  nor  no  man  attempt  the  Prin- 
 ces deflruBion,  life}  or  ufurp  his  Crowne  tyrannically ,  Under  pain  of  being  fmit  ten  with 
 a  perpetuall  *Anathemay  and  eternall  condemnation,  for  breach  of  any  the  premifesm 
 (c)Gstj>bifcof  ThefeCouncels,  as  Mariana  obferves,  were  in  truth  General!  Aflembhcs  of  th?  E- 
 i<o  Voder  Jan^  ft^es, where  they  handled  noc  only  matter/ of  Reh'gion,but  likewife  of  the  Common- 
 bifl  Hifpjar.z,  vvealeby  common  confent  of  all.  Bamba  the  26*  king  of  the  Goths  ("after  (c)  Lewes 
 € .  3»»  Suritts  deMaytrn  Turquets CO mputation  which  I  folio  w^but  ^•zhtt'KoderickSancho)  wzs 
 co-mi  torn,  3.  elected  king  by  the  goths ,as  he  was  plowing  with  his  Oxen  in  the  field,  being  a  plain 
 iibi'shifplf  C0UnCrcy  man*  S°me  ^ay»  that  he  would  never  have  received  this  honour  and  charge > 
 hiV«i&%  '  '  bHtby  co.nJjraiM}  md  that  refufng  it  abfolwlj7  a  Noble  map  of  the  Goths  drew  h* 
 
 &wmr& 
 
The  Solver aigne po^oer  of  Parliaments  and  Kingdoms .  59 
 
 /-mord^and  tbreatnedto  kill  him  if  he  didnot  yeeld  to  tl  e  Gothci  mtreaties  f  and  th-n 
 his  goadwherervith  he  drove  hi;  Oxen  didfnddenly  in  his  ham  i !>rtng  forth  leaves.fr Hit 
 androon;  whereupon  he  took  this  dignity  upon  him,  more  for  fcai  than  for  any  de- 
 fire  to  reign.  Anno  672.  After  which  Erumge  ambition*  of  command,  poifoned  king 
 Bamba,fo  as  he  became  madde  ;   for  curing  whereof  many  naturalland  fuperftiti- 
 ous  medicines  were  applyed,  but  tofmallcftccr;  f>  as  11  am  b  a  coming  a  little  to  hin.- 
 felfagain,and  finding  his  difabilitie  co  govern,  willingly  quit  the  Crown, and  re:ired 
 him^elfe  into  a  Monattery  at  Pdmplrga,  where  he  lived  feven  years  and  one  moneth, 
 and  (d)EruingevJZS  cholen  king  in  his  pbec  ,  whofe  Slell'mn  tvas  confirmed  and  at-  (^)S»msCat* 
 lowed  larofnll  in  the  12  Councill of  Toledo,  Can.i.  as  Elclled  thereto  by  God  ,  and  c* '?  ^'*'4\ 
 ts4LL    THE    PEOPLES   DESIRES  -  whomthis  C°"r.ccll  abfolved from  their  m^UpU. 
 Oath  of  allegiance  formerly  made  to  King  Bamba^  whiles  be  held  the  Kingdom,   In  the  c .  r  7. 
 (>)  thirteenth  Councell  of  Toledo  under  this  King  Erumge.    Anno  684.  it  was  de-  (c)Ccnersl 
 creed,  That  neither  the  Kmgnor  any  other  flould  marry  the  JVidorv  of  the  deceafed  ™MH** 
 Xing,  upon  pain  of 'excommunication  ,  and  to  be  damned  to  Hell  fire.  ***** 
 
 VitUa  (f)  the  nine  and  twentieth  King  of  the  Gothes,  at  his  firft  coming  to  the  (  f)GenHiJl. 
 Crown,  foewcdhimfclfmilde,Iiberall  and  religious,  butfoon  after  became  the  infa-  of  spun,' J. 
 my  and  difhonourofKings,  being  full  ofallcxceiTe  of  luitjimpicty^hypocrifie  and  dif.  fm\tt*i%\* 
 fimu!ation,and  exceeding  in  all  vices  without  fliame;  he  filled  his  Palace  with  many  R°drSa*3M#m 
 Wives,  which  he  married,  and  Concubines  too;  he  publikely  allowed  to  all  taetu  t J/f^Ufm 
 Noblei,Commons,Prierts  and  Clergy,to marry  as  many  wives ,  and  keep  as  many  de  Rebus  Hi/p, 
 Whores  as  they pleaied;  he  ufed great cruclcie  to  many:  flattered  thcClcrgv,  left  by  I.64.19. 
 theircenfurcs  they  fhould  draw  the  pcoplefrom obeying  fonlthyandunchaftcaking. 
 To  prevent  all  rebellions  (  under  the  colour  of  peace  which  Spain  did  then  injoy  )  he 
 caufed  all  the  Towns  of  Spain  to  be  dismantled,  except  Leon,  Toledo,  and  Afturica; 
 he  difarmcdthepeople,difanullcdalhheimmunities  of  the  Church;  he  recalled  the 
 banifhedthe  jews,  and  granted  them  great  priviledges;   he  advanced  a  moft  wicked 
 Wretch  to  great  honours,  execrable  to  all  the  people,  that  fo  he  might  not  fay,himfelf 
 wastheworftofmenj  Finally,  as  a  prefageof  his  future  miferies  ,  hefhewed  fin  all 
 forts  ofcxccfTcr.nd  violence,  contrary  to  the  Laws  of  God  and  men)  what  Princes 
 ill  inftri'&ed  and  ignorant  of  true  pietie  could  do  :  A  Buffone  asking  him  me  rily, 
 Why  do  you  being  a  Kin^  &  the  fon  of  a  King.do  thus,you  may  lofc  your  Kingdom  ? 
 Herepfycdlikeanothcri)/^7;^,  My  Father  left  me  hiskingdoms,  not  fortune.  In 
 fine  (<t)  %ndofuk^N\^Ci  the  a  yd  ofthe  Gothes  Nobility  and  of  the  Romanes^  chafed  this 
 in  famous  Moufter  out  of  theThrone,  which  he  unworthily  held,  defeated,  and  took  m^m'/ 
 him  prifonerinafecbattell,  put  out  his  eyes  as  he  had  put  out  others,  confined  him  spainj.s.' ' 
 to  OWe^?,  where  he  fpent  hisdayes  in  mifery,  without  Title  or  honour,  and  by  p.i5^\USS$ 
 furTiaor s  ofthe  people  (g)  Rodcrickjobtzined  the  Crown  ;  who  foone  after  exceeded  ^d.saneiha^ 
 Fitizat  in  ail  manner  ot  vice^cruelty,  andtyrannie,andiaviiTtcd  the  daughter  of ////*-  Hls-Ullh 
 an  Earl  of  Cava,  whiles  he  was  in  embaffage  in  A f rick  for  the  affairs  of  the  king-  ^rionlde 
 dom  ;  Whotorevcngcthisindigutty,  and  caift  out  this  wicked  Monger,  Atmtjif.  ft<fcv,#j£| 
 called  the  Mores  irto  Spain,  who  over  ran  and  conquered  the  Kingdom,  deftroyed  U*.u  ,11,13. 
 Bodoric^wd  put  zVevod  to  the  Gothes  kingdom  in  Spain,    ThibTyrannicall  vui-  iM™t*> 
 ous  Princes  ruine  at  laft  both  themfcWes  and  theirRcalms.  fijmmH 
 
 An\oT)gthefr)Lwisoh\\etrifigotbesyLib,i.c.  2.  6.  I  finde  notonclyan  Ad  i0m.yl%^, 
 declaring  their  Kings  to  tefubjett  to  their  Lawes  as  vftH asfnbjc .7/,but  likewifc  a  Law  8^. 
 
 H  h  a  retraining 
 
60  The  SoVera'tgnepowertf  Parliaments  and  Kingdoms. 
 
 reftrainingthcir  Kings  excejfes  ,  and  disenabling  them  to  alien  their  Crown  lands,  or 
 ft)  SurlusCon-  reVenues  to  their  own  Children  or  others  ,  but  onely  the  Lands  which  thcmfelv.es  paall 
 t&Tsm.w       purchafe;  which  was  1  kewifc  decreed  in  the  eighth {i)Councillof  Toledo,  under  king 
 $.8*4,86*.       <XrCefHWthus t  wherein  there  was  this  complaint  made,  guofdam  conjpeximKsRegesf 
 p&ftquamfucrint  regnigloriam  affequuti^xtenuatu  viribus  populorum^rei  propria  con- 
 fer ere  lucrum  ;  &  obliiiyquodregesjunt  vocati ,  defenfionem  in  vaftationem  converm 
 Hunt,  quivaflationemdefenfior.epellere  dcbuerunt\  illud  gravtm  ennetlentes,  qued  ea 
 qua  videntur  acquirer -<?,  non  regni  deput ant  honor /,  vel  gloria,  fed  it  a  malum  infuoju* 
 reconfundi,  lit  veluti  ex  debito  dejeernant  had  in  liber  or  urn  pofteritatem  tranfmitti: 
 Refolving,that  non perfona  fed pot  emit  hdefubdideberc,  non  habenda  parental*  fuc- 
 eejfione  fedpoffidenda  regali  congreffioneyegem  t err enumjur a faciuntynon perform,  &c* 
 QvLegiswifi-  I  iikewilb*finde  another  (£J  Lw 'nullifying all  unjufi judgements  and fentences given 
 g$tl}.l%i4.i%.     fa  [Hdg€S  through  fear  or  command  of  the  King,  hud  another  Law,  giving  the  "King 
 ft$*9.and!.6.  pmer6Ver  ^Opndorsagainflhimfclf>  but  denying  him  power  to  pardon  any  Deltn- 
 &.1$S>}6»         quentsagainfl  the  Nation  or  Countrey*  All  which  confidered,  prove  the  whole  State, 
 .Kingdom  and  Councels  among  theSpamfh  Gothes  ,to  be  above  their  kings,  who  were 
 lyable  to  their  reftraints,  excommunications,  Lawc>,  Genres,  Depo(nious,for  their 
 male-sdminiflrations ,  vicious  lives,  and  notfucccflTivebutele&edby  them. 
 (7;G?»>Hj/J.  of      (/)  Pdagiw  thefirit  king  of  0z//W*,w  a  selected  king, and  thatkngdoiv,  creeled  by 
 $pintl.6  p.i6f  the  gcnerallconfent  of  the  people  oppreiftd  by  the  Moors,  about  the  year,  6i84during 
 I7M7V755    whofcreigne  were  feverallVice-royes  of  the  Mores  m  Spainy  as  Alcwcazw,  and    lU 
 *M0fmade1%    #*'*»  and  others.  His  fonne  king  i^//<*  was  (lain  by  a  Bear  which  he  puriued  in  the 
 nJtmJtofaUj.  mountains :  I  doubt  his  Subjects  would  have  refilled  him  as  well  as  the  !;ear,  hadhe 
 made  war  upon  them*    Froila  the  fourth  king  of  Ovid*  treacherou&y  flew  his  own* 
 brother  Vtmaran  a  gallant  iCnighr,  generally  beioved,(out  of  jealoufiejieft  he  fliould- 
 ufurpe  the  Crown;  in  revenge  of  whole  death  he  was ioon  after  fh  in  by  his  own  bro- 
 ther sAurclitUiAnno  767.  whofucceeded  Froila  in  the  Realm  ,  notwithstanding  he 
 left  a  fon called  CD  Alphonfothtc\\z{kt ;  but  the  hatred  that  the  Noblemen  did  bear/ 
 unto  his  father,  wasthecaufeof  his  re  j  clion,  being  then  a  lib  very  young;  where- 
 by  it  appcars,that  the  right  of  fueceflion  was  not  imhofedayes  praclifed  in  Spain  ; 
 Sillohis  brother  in  Law  fucceededhim ;  after  whofe  death  by  generall  confent,  the 
 {m)Gen,  hift,  kingdom  wasgiyen  loAlphonf).    (m  )  %amir  the  tenth  king  of  Oviedo  did  that 
 cf$ioJ,6?p.i%$  which  alloiher  Princes  abhor,  for  hereceived  his  fon  to  be  companion  with  him  in  his 
 kingdom,  and  caufed  his  brother  garctato  reign  with  him,  To  as  there  were  now  two 
 kings  and  Courts  imOviedo,  both  agreeing  well  together^  Anno  894.  Froilady'mv 
 tn)Gen.Wifi.of  without  i(Tue?becaufe  his  children  were  too  young  to  reign,  the  Nobles  conferred  the 
 l.%.p.^ii.xi6.  Kingdom  onAlphonfothe  fourth  ,  who  after  five  years  turned  Monkc,    (n)  Ra- 
 **tr'fa?i*?e)  o  m*r  tnc  tn  ira\  twentieth  king  oi'Leon,  abandoning  himfclf  to  a  voluptuous  life ,  con, 
 l&H      '*        temned  all  good  counfeJl ,  fo  as  the  Earls  and  Noblemen  of  Gallicia  fecmg  his^ 
 *io.uVapsi    f°*tyj  and  difcontentcd  with  his  vices ,  fcorned  him,  and  would  no  more  acknow- 
 ftifp  Qbxon*     ledge  him  to  be  their  king,  electing  Bermundfov  their  Sovcraigne,  and  intituled  him 
 An  89^.  /;;7i4.  king  0f  Gallicia,  which  title  he  enjoyed  ten  years  :    About  which  time  the  Moors  in 
 rffiinl**'    S$am  wn,cJl  hac*  one  king  reigning  at  Cordova ,  after  the  death  of  king  Mahomet , 
 (lJ^i%arhiuama^ef@  lf***J.f***J  ktngs,  **  therewasfcarce  any  good  town  in  Spain  ,  but  had  aparti- 
 Je,rebnsHifp.  CH^r  Kmgy  which  made  JlriU  alliances  among  themfelves  for 'the  preservation  of  their 
 :,h9i         cftatcs*  (0)  Anno  107  if  Garcia  king  in  Gallicia  growing  a  tyrant,  ipoiJcd  and  ill  in- 
 
 trtatcd. 
 
The  SoTperaigne  power  ofParlumsnts  and  J^tngdams.  <5< 
 
 treated  his  Subjects  umlcJ   a  rcr  I 
 
 thcNobiikic  anJ  Gentry  in  farou  rot  h  the  kin^  .  ?,   i 
 
 the  em!  gtowinginhippo;  table,  certain  ts  ilew  bcr  111  prcfencc ;  I 
 
 brother  Sansho  taJcing  ad  vaRflge  of  the  peoples  hatred,  efHfcd  Ins  Realm  wirba  jreat 
 Ariny;  wl.o ci:crcupcti  being  ilcfcrted  gcrcral.'y  by  his  people,  flu]  to  ihejfoors  ivt 
 ayd,  and  fell  to  fpoil  ti is  ownCouncrcy,  af;cr  which  he  atcd^tal. 
 
 ij  kept  in  the  Cnftleof  Lrt?n with  a  naultili  his  cK -::•). 
 
 I  read  *&(*)  lokn  M  chat  in  the  Cottncill  of  Florence  under  I 
 
 rA  iceond,  tonnes  105  ^.  Hildcbraxd  a  Cardinal!  Deacon  Embafradour  to  Henry  rfiie  "^  *'•'  *** 
 /ccond,  Emperour  ot  Cjcrmany ,  complained  in  thcCouncill  againtf  i  >.a  king 
 
 o£Spawy\n  the  Emperors  Namc,7"//, .: .tgainft  the  (fuftom  ofhisAnccftors  m 
 cf  Laws,  hedtdwtth  incredible  d+rog4*Sf  andlevity  hold  hpmfelf  exempt  fro ,  -cr 
 
 of  ike  Roiran  Empire,  v  kich  if  i'try  himfelfe  could  gladly  fujfer,  if  there  wore  noot 
 U(fe  but  cfhu  own  honour  ;  But  fince  the  eft  ate  of  Chrtftendom  could  not  well  fub  • 
 andth*  Pop's  Authority  wohldlik^wifebeimpaired^nnUffeallChriftiankjigdoms  were 
 Ttr.tttd  and  k*ut  together  urder  one  temporal!  head  the  Emperour \whom  they  Jhouldobey\ 
 they  ought  tofupprcftethc  ^ringing  temerity  in  the  IVombe  Jeft  by  thetr  neglect  f}>  read*. 
 **%  itjelftxto  other  Prwmce y 9*t;tmat edwuh  the fweet yand oft- times deceitfulln.vht 
 ItiettiejthefticredC^'laicflic  cftheEmpf,e  and  P opedom  fjould  be  reduce d  to  an  ct»p<* 
 ty  titU)  wherefore  he  defired  them  to  interdill  all  Spam  ,  and  excommuniate  the  Ki 
 which  tf  tbeydtdjoc  would  be  afpjlar.t  to  the  Churches  honour  andRepublik^sfafcty  then 
 iudangercd:  •  Bm  if  they  refsif edit  out  of  fear  5  he  would  not  be  wanting  to  the  honour  of 
 the  Empire, '&  wouldtertawlylookja  himfelf  in  pnvjte.Thc  Pope  after  fomc  delibera- 
 tion, approved  this  motion  asjult,  &  thereupon  fcndsLegatsto  Ferdinandinb'iso 
 and  the  Councils  name  Jofattsfie  the  Emperors  demands  forthwith  yunder  pain  of prefent 
 excommunication.  The  King  doubttull  and  fcarfuli  whether  to  obey  or  not,  fummons 
 agcneraiJAiTembiyoftheEftatesofthe  Realme:  The  Clergy  and  religions  fort  of 
 menperfwadedfnbmiffion^  for  fear of the  Popes  excommunication  ;  the  fearfttller  fort 
 co/icurringwiththem  ,  by  reafon  of  the  Emperours  power  and  their  ownwe.:k*e$c  and 
 dtftrattion,  <v?d  the  Kings  de fires  of  peace  inclined  moft  to  their  opinion,  But  lomc  he- 
 roickfpirits  thought  th*t  a  moft grievotuhaxe  fhould  thereby  be  laid  on  the  liberty  of 
 Spain  ;  which  being  once  admitted  on  their  recks  ,  they  fiould  hardly  ftjake  ojfaga: 
 that.it  wat  better  to  die  fighting,  then  th At  the  Repub like fljould  be  involvedtnfogrc.it 
 a  mifchicfandineUgnitie,   R odor i c us Diac iu*yi noble Spanyardfopinion  fchen abfene 
 from  the  affembly  )  bei/  g required  by  the  king  and  it ,  aniwered  .    Th.t  tbi*  wm 
 no  matter  of  £  ounfell :  that  what  was  gotten  with  Arms  was  to  be  defended™ ith  Arms\ 
 that  it  feemed  moft  unjuft  ,  that  the  fruit  of  others  valour  ftjould  return  to  thofe  r> 
 in  their  loft  condition  had  not  communicated  m  the  labour  and  danger -which  recovered 
 it  1  that  it  was  better  to  die  valiantly,  than  to  lofc  the  liberty  gained  by  :■'  rfiors> 
 
 to  become  antocking-ftockjo  a  barbarous  and  cruellnatton, who  contemnedall  menbut 
 themfelves  •  whoje  earswereproud  jvhofe  fteeches  contumelious  jvhofc  ac 
 riotings  ntw ,  cruelty  inhumane  \  Shallwewho  have  yet  hardly  cfc-iped  the  fervitude 
 cf  Moor sounder go  anew  bondage  prepared  from  the  Cbriftumt  ?  Tk  "ide  both 
 
 usandonrs.  Doth  the  whole  world,  a*  farre  as  ihriftianity  extends  it  feifi  ,  obij 
 German  Emperours  f  Shall  all  the  grace,  power ,  honour^  riches. g.uncd  it  i  our 
 
 Anccft 'or s  blood,  give  place  to  iheZjtrmans  f^LJlthej  lave  danger  >  .;.'..;.-- 
 
6  z  T'be  SoToeraignefower  of  Parliaments  and  kingdoms. 
 
 men,  want  to  us  .?  Shall  Germany  again  lay  on  us  the  joke  of  the  Roman  Empire,  which 
 cur  Anceftors have  {baken  off  ?  Sha/lwe  be  a  vulgar  people  without  grace,  without  Sm* 
 pire ,  without  authority  f  obnoxious  to  thofe,  to  whom  if  we  had  vigorous  mindes,  if  we 
 were  men,  we  might  be  a  ttrrour  ?  But  it  is  difficult  to  reffl  the  hmperous  endeavours f 
 not  to  obey  the  Roman  Pontifs  commands  •  verily  it  a  bafneffe  ofjpirit,for  an  uncertain 
 fear  of  war  t  to  involve  the  Commonwealth  in  mo  ft  certain  dangers  :  many  things  are  ef- 
 fected by  trially  which  fecmed  difficult  to  flcthfull  men*  I  know  not  what  fiuptdity  hath 
 feized on  many,  whom  neither  glory  moves y  nor  the  infamy  of  the  wretch edneffey  thinking 
 it  great  liberty  enough  if  they  be freed from  fcourges*  rI fuppofe  the  Popes  ears  will  not  be 
 fo  averfe  to  our  affairs,  that  he  will  not  be  moved  with  our  mop:  jufi  prayers ,  and  the 
 equity  of  the  caufe ;  Letfome  now  befenttwho  may  boldly  defend  the  caufe  of  our  liberty 
 he  fore  him,  and  teach  himjhat  the  Germans  demand  unjufl  things •.  Mine  opinion  is ^that 
 the  liber'y  gamed  by  mr  Ancestors y  is  to  be  defended  with  arms  againfithe  attempts  of 
 -  all  men,  and  with  this  myfword  I  will  maintain  ,    T  H  AT    THEY   ARE  MOST 
 
 wicked  Traitors  to  their  COVNTR8r>whoofitofafi>»"l*ti<>" 
 
 ofafandHcligionjOrfbcwofprcpofterous  caution y  (hall give  contrary  advice  y  neither 
 fhall  refolve,  that  fervitude  is  to  be  repudiated  with  greater  care  by  us,  then  domination 
 is  affeEledby  them%  So  far  re  forth  as  every  one  {hall  additl  himfelf  to  the  liberty  of  his 
 (fountrcy  yfofar  fhall  I  be  a  friend  unto  himy  or  a  deadly  enemy .  This  opinion  of  2^- 
 deric  prevailed ,  in  puriuit  whereof  they  raife  an  army  often  thoufand  men ,  whereof 
 he  was  made  Generall ;  they  fend  AmbaiTadours  to  the  Pope  and  Council!,  whereof 
 7<gderic  was  chief ;  and  upon  a  full  hearing  of  the  caufe  before  Rupert  Cardinall  of 
 Saint  Sabria^  the  Popes  Legat,at  Tholoufe,  judgement  was  pronounced  for  the  liberty 
 of  Sp*\n,andit  was  decreed fXhat  the  German  Emperors  fhould from  thenceforth  have 
 no  power  nor  jurifditlion  over  the  Kings  0/Spain ,  which  was  afterwards  confirmed  by 
 the  cufiomes  of  the  people  ythe  conjent  of  other  Rations,  the  publify  refolution  and 
 judgement  of  Lawyers  \  as  loco bus  ValAefius\n  his  Book  de  dignitateRegumHifpa* 
 nin  printed  1602. Cap4iS.  proves  at  large. 
 
 fy)Lib*.ps-4.o  (q)  The  Generall  Hiflory  of Spain  ,records,that  the  Cou  ncil  I  of  Florence  refolved, 
 thatfeeingthe  Kingsof  Spain  had  defended  and  conquered  their  Re  alms  by  Arms ^with- 
 outany  ay  d from  the  Smperours,  they  were  free  and  exempt from  all fubjeclion  and  ac- 
 knowledgement to  the  Emperors*  whereof  wc  may  read  the  Cjloffe  upon  the  Chapter 
 t/fdrianus  Potpa3dtfltnc~t%  63  .The  likfpriviledge  have  the  Kings  of "France,  the  State 
 of  Venice,  the  Kings  <?/England,  and  fome  others ;  Which  clearly  demon ftraces,  the 
 Soyeraign power ofKingdoms  andNations  even over  their  -Kings  and  Princes  and 
 that  they  mayjuftly  defend  themfelvcs,  and  Ele6t  other  Princes,  when  they  arc  de- 
 fertcd  or  dedroyed  by  them. 
 
 a?   Ta  (r)  ^nno  10%B>  Sac  ho  Ramiresk'mgofAragon,  to  lupply  the  charges  of  his  wars 
 
 1  againft  the  Moors,  was  fomeumes  forced  co  ufc  the  revenues  of  his  Clergy,  his  Trea- 
 
 lure  being  not  able  tofarn.fh  fo  great  a  charge ;  but  the  Bifhops  of  his  Countrey,  who 
 affected  nothing  more  but  to  enrich  their  own  Order  and  State ,  oppofed  themfelvcs 
 againft  him,  and  afflicted  him  in  fuch  fort,  as  putting  him  in  a  vain  fear ,  that  he  was 
 damned  for  this  caufe,  They  made  him  do  penance  in  the  (fhurch  of  Roda  before 
 Saint  Vincents  Altar ,tn  the pre fence  and at  the  pnrfuite  of  Ray  mund  Do/mare,  Bifhop 
 9 f  that  place  ^the  Bifhop  ofjzxcz,  and  others,  and  to  confeffepubhkely,thathehadgriem 
 veufly  -offended*  "Xhns  thefe good Fathers  fub likely  wfultcd over  their  Soveraigne. 
 
 (f)  An*, 
 
The  Solttraign  power  of  Parliaments  and  Kingdoms.  62 
 
 (/)   Anno  1091.  king  Alphonfb granted  this  priviledgf,  among  o:hcr,  t  ;T  .'      .  (f)  Gen 
 That  the  C  tty  of  Toledo  might  never  be  alienttedfrom  the  C  rcjvn,  nor  giver,  upon  any  °f ' 
 Title  rvhatfocver,  to  man,  wowan^or  child.  P* l  ^6* 
 
 Kslnno  \oj6.  Sane  bo  King  ot  Naidr  re  wzs  Haiti  in  battel}  by  his  brother  Raymond  rt\  HlCr0^, 
 thinking  to  reign?  after  hiin,but  the  Nav.irroycs  expelled  him  out  of  their  confines,  B  eaeaArefjau 
 difdaining  that  he  fhould  raigne  o\cr  them,  who  had  cmbruedhis  hands  in  his  kingly  Return,  com.  m 
 brothers  blood,  and  lending  to  Sancho  Rarmresy  4.  king  of  Arjgon,  called  him  to  ***+'£***• 
 raigne  over  them, becaufc  their  flain  kings  Tonnes  were  too  young  to  raigne,  and  pro-  $'"„  !%££ 
 ted them fr«m  their  enemies;  by  which mcanes the  kingdomes of  Arragon and  Na, 
 varre  were  united.  (y)Verach>i  Qnecn  of  Cafltle,*  mo(t  lafcivious  open  AduJtrcflr.by  9/174.^179 
 her  unchaft  life  iofarrc  provoked  her  husband  Alphonfo^  that  he  was  divorced  from  m™  s\i*rian& 
 her,  made  warreagainft  her  and  confined  her:  After  which  fhc  (till  continuing  in  deRebu*  H'*fP. 
 her  lewdneffe,  the  Nobility  and  States  of  CaJltleznALeon,  revolt  from  her,  cake  f^^I^n  • 
 armesagainfther,  depofehcr  from  the  Crownc,  andcled  and  crown  her  fonnce.^7-  pm$!c$o.  '^ 
 phonfo  the  8  .king  /fw.1122.  allowing  herondy  apenfion  to  fuppoit  her  life,  (v)  A/- 
 p'jon/lK'ingot  Arragonby  his  laft  Will  and Teftamcnt,moftfolcmnlyratif7ed,for  the  tx)GmMlfSf 
 expiation  of  his  fins,  gave  divers  crown  Lands,  Tenements,  Revenues,  and  Legacies  ¥?*/•£ 
 to  Religious  houfes  andperfons,  An.n^i.  but  being  prcjudiciall  to  the  Crown,  his  Jfj^g^ 
 Will  after  his  death  was  held  void  and  not  put  in  execution  :  he  being  flain  by  the  Bffi  t*rs$;a> 
 Moores  An.ii^^hc  States  of  Arragon  elected  one  Peter  Tares  for  their  King:  who  30.  Ma, 
 growing  exceeding  proud  of  bis  new  dignity,  began  to  defpifcthe  Nobles,  and  abro-  J*W.  Wh 
 gate  the^Lawes and  cuftomesof  the  Country :  And  theNobles  (being  aiTcmbled  ata    l0%  c^% 
 general  AiTembly  oftlicStatesJgoingtovifithin^hccomandedhfsPortertolhjt  them 
 out,faying,that  Mounfieur  wasbufic  about  matters  of  great  importance,but  they  on- 
 derflood  afterwards,  that  the  great  affairs  caufing  him  to  exclude  his  friends  wcrc;his 
 Barbar  was  trimming  him  :  which  foincenfed  theNobles  and  great  men,  that  the 
 n<xc  day  they  held  their  generall  AiTembly  of  the  Efhtcs  without  the  King  ;  where 
 they  fiift  of  all  decreed  to  depofe  their  new  king,  becauie  being  ;n  honour  he  had  no 
 underftandirgofhimfelfe,andbecaufe they  foupd  he  would  grow  more  proud  and 
 infolent  aftci wards :  whereupon  expelling  Peter,  the  E Rates afTembling  at  fori*, 
 elected  Ramier  a  Monke,  brother  to  king  Alp.enfo,  lor  their  King;  who  was  much 
 derided  of  his  Nobles  for  his  Monkifh  fimplicity,  andatlaft  turned  Monk  againe : 
 But  thofe  of  Navarre  thinking  a  Mon^to  be  better  acquainted  with  the  matters  of 
 a  Monaftery  then  how  to  govern  a  /Cingdome,  and  being  jealous  thatthe  Arra&onejs 
 by  chufing  a  A'ing  of  the  blood  Royall  ot  lArragon  ,  would  by  this  mcanes  af- 
 pirc  to  the  chief  places  of  honour  andfavour  in  Court,  it  was  concluded,  that  the  fi- 
 liates of  A7»-izwr*(hould  afTcmble  at  ^Pampelone^  where  they  chofc  Garcia  Renin  a 
 their  King  of  Navarre ;  and  fo  the  Rcalmes  of  tarragon  and  Navarre  which  had 
 been  uiited  58,yeers>wcre  Operated  in  thele  two  A'in^s.  The  A'ingdomes  of  Sp.n>^ 
 beingoften  before  and  fince  this  time  united  and  divided,  as  the  people  and  Rcalmes 
 afTented  or  di  (Tented  thereunto.     £7) Not  to  mention  the  troubles  of  C-'-Jlile  by  rcafon  r,G.n 
 ofthenonagcof  their  king  Alphonfb  the  fourth,  §fwh?fe  cuftody  a* d  tuition  the  of-  \^^v 
 fembtjofth<  £ftates dijpo fed; ovhow  (omz  /Cnights  of  Cajti/efitvj  a  lew,  with  whom  t0  u  1.515.5:^. 
 thi  >  king  was  fo  enamoured,  that  heforgot  his  new  Spouic,  andalmoftlofrhs  fences,  3-f. 
 cAr.no  1 1 79. king  /4/^*»/o  afljembled  the Eltates  of  Cafiile  at  Bnrgon ,  to  leavie  a 
 T«*c  upon  thcpcople,Wwvta  the  T^jbtiiti^atfYeUai  the  reft,fionidcwtrib;ttcy  im- 
 
 ttfct 
 
64  The  S  oTter  aigne  power  of  Parliaments  and  Kingdoms* 
 
 fifing  5.  AfaravidisefgoldforcVtryperJon;  butittookjio  ejfecl  :  for  aU  the  Gentle. 
 
 men  of  (faftile  being  di(  contented,  that  he  fought  to  infringe  their  Liberties  ,  fell  to 
 
 armes,  and  being  led  by  the  Earle  Don  Pedro  de  Lara,  they  were  refolved  to  rcfift  this 
 
 tax,  and  defend  their  Liberties  with  the  ha^zard  of  their  live:.  Whereupon  Alphpnfo 
 
 changed  hU  opinion,  and  let  them  under ft  and ,  that  from  thenceforth  he  would  maintain 
 
 their  immunities  ;  and  that  what foevcr  he  had  then  propounded,  was  nn  to  continue 
 
 but  only  to  f apply  the  pre/en t  necejfity  c faff  aires,  which  he  would feekjofumijh  by  feme 
 
 other  meanesm    For  the  great  reiolutioa  which  DonTedro  de  Lara  fhewed  in  this 
 
 action,  the  Nobility  of  Caftile  did  grant  to  htm  and  hisfuccejfours,  a  folemn  breaks 
 
 Gen.  Hift  of  P'fl  *n  t^flimony  of  his  good  endeavoww  a  bufintjfe  of fo  great  conference,  And thereby 
 
 Spain  ji  tost.     the  Lords  of  Lara  have  the  frfi  voycefor  the  Nobility  in  the  Court  ofCafiile.  (z)  An. 
 
 33*.  Mariana   1 204.  KingAlphonfoi  he  NobJe  called  a  Parliament  of  the  Lords,  Prelates  and  Depu- 
 
 deReb9  hifp.     tjcs  Q\  tne  Townesof  hisRealm  at  Toledo  ,to  advife  and  ajfi ft  him  in  hiswarrsagamft 
 
 i.ii.cz-j.         the  Moores;  where  they  concluded  to  crave  ayd  from  all  Chriftian  Princes,  and  a 
 
 Creflado  from  the  Pope  againlt  the  Moores,  and  made  divers  Lawes  toreftrain  the 
 
 fuperfluitiesefche  Realm  in  feartsjapparejl, and  other  things. 
 
 (a)  lames  the  8.  ^ing  ot&rfrragon  being  young  at  the  time  of  his  Fathers  death,  ic 
 
 s! '   Ti    *     was  thereupon  after  ordained  in  the  aflemblics  of  the  Efx3tes  of  LMenconoind  Liriday 
 
 J^Lj.lii.  tnat  Don  Sancho  Earl  of  Ro u (ft/on  {hould  govern  the  Realm  during  theiCings  mino- 
 
 Pif9%  3*i«3*t»  ri£V  ;  but  they  gave  him  limitation  :  The  -Kings  perfon  they  recomm£nded  to  Frier 
 
 $ih3U$}5U    wilham  of  Moncedcn,  Mr.of  theTcmplers :  After  which  An.  i22o.:his  yong  kings 
 
 &6:  Vnclcs  feeking  to  wreft  the  Realme  from  him  inftead  of  governing  it^  by  the  fidelity 
 
 of  the  Eftates  and  their  authority,  his  intei  eft  waspreferved  ,  and  three  Governours 
 
 withafuperintendentofhis  Province  were  appointed  by  them;  and  to  prevent  the 
 
 continuallprac'tiiesof  the  EztlesotliouJJIltin  and  Femaxdthck'mg  Uncles,*/^  slates 
 
 and j uft ice  0/Arragon  de cUred the  Kwgof  [tillage  when  he  was  but  tenyeeresold,a»4 
 
 caufed  the  Sarle  ofTs^uffiilon  to  c}uit  the  Regencie  ;  the  authority  of  thejuftice  of  Ar- 
 
 ragon  bein*  then  great  for  the  defence  cf the  publike  liberty* 
 
 An*  1 214.  Alphon/o  the  Noble  king  of  C 'affile  dying,  his  fonne  Henry  being  but 
 1 1.  yeet old,  the  Prelates,  Nobles  an^Comiiaonsaffcmbled  at  Surges  >  having  decla- 
 red him  king,  and  taken  the  oath,  made  Queen  E honor ah is  Mother,  Governejfe  of  hie 
 Perfonand  %ealms :  after  whole  death,  .the  cultody  of  him  was  committed  to  the 
 hands  of  the  Lords  of  Lara:  This  king  afterwards  playing  with  otheryong  children 
 of  Noble  Houfes  at  ^ulenca  in  the  Bifhops  Palace,  one  of  them  eaft  a  tyle  from  the 
 top  ota  Tower,  which  falling  on  thecoveringofan  houfc,  beat  down  another  tyle, 
 wh.cb  fcii  on  theyoung  kings  head,  wherewith  he  wasfogrievoufly  hurt,  that  hec 
 dyed  the  eleventh  day  after.  An. !  217.  yet  th's  his  caluall  death  (for  ought  I  findej 
 was  neither  reputed  Felony  nor  Treaion  in  the  child  chat  was  the  cauie  of  it,   After 
 whofe  death  Fernand  the  3,  w:s  proclaimed  and  made  /Cing  by  the  States  of  Caftile, 
 to  prevent  the  pretentions  of  the  French :  after  whkh  his  Mother  Queen  BerengtteU 
 inthepreienceefthe'ErUces,  renouncing  ail  her -right  .co  the  Crown,  retfgned 
 up  zihtxioimzFernandi  About this.timethe Mgous in  Spain  rejected  ttizjl4ird< 
 Iktminas  of  Africk,,  and  created  them  fever  all  Kings'  and  Ktngdomes  in  Spain,  beh 
 never  more  united  under  one  Crown  after  thUdtvifion^  which  they  thought  it  ja\v« 
 W  €**>  ^/full  for  them  10  make, 
 
 *6t%t'  34i'     An*  l22^w  tiie  ^^atcs  ^^nag$n  sfiimblingat  Barcelona^  they  counting  and 
 '    '**    '  requiring 
 
The  Solver  aign  Poster  of  Parliaments  and  t\ingdomt.  t$  r 
 
 ac 
 ia. 
 
 requiring  it  according  to  the  cuttomc  or  the  tsfsragonians  and  fattelans,  ( thefe  £* 
 flates  having  Author u j  to  make  IVarre  and  Venice  %  and  Leagues  )  a  warre  was  refolded 
 agatnftthe  King  of  the  CMoorcS  and  CMnjorl^ns.  Anno  1 1)  i .  the  R  ealm  of  TVavarre 
 being  very  ill  governed,  by  rcafomhcii ;King  Sancbo  retired  to  his  chamber,  di  J  not 
 fpeak  with  any  man  but  his  Houfboldfervancs,  and  would  not  heareof  any  publike 
 affaires;  thereupon  the  State  begrnto  thtr\of e letting  A  Regent  to  govern  the  Realm 
 during  his  retircdnejfe;   to  prcrent  which,  Sancho  made  an  unjultacco'd  with  the 
 V\n%ot Navarre,  and  confederated  with  lames  King  of  Arragon,  by  the  affcn\sofths 
 flares  oftheP^alm  to  leave  his  Kingdome  to  him  ifhefurvived  him  •    yet  afcer  his 
 death  ThtbauliEttlc  oiChampaigne  was  by  the  slatetofNisiixe  clewed  and  prod* 
 med  King.  And  anno  1236,  The  Eftates  of  Arra^on  and  Cateloigna  aflcmbJcd 
 MenconXox  the  continuance  of  the  warre  with  the  Moorcs  and  conqucft  of  Valcn:i„ 
 Without  whom  it  was  not  lawfullfor  the  King  to  undertake  any  matter  of  importance. 
 For  maintenance  of  this  warre,  a  cuftome  called  Marcbetine,   and  an  exatlion  of 
 impoftfor  catteftwat  by  the  Eftates  impofed  on  the  People*   $$  was  Itkewife  decreed 
 that  allpeeces  of  Gold  and  fiver  coynedfhouldbe  ofonegoodneffe  and  weight ,  to  the  t  b- 
 fervation  of  which  Edit}  for  coyncs  ,  all  were  bound  to  fweart  that  were  above  iS. 
 jeers  of  age, 
 
 (c)  Anno  \  2i64lamesK\ng  of  ArragoM,  revealing  td  his  Confeflbr  the  Bifliop  off'/ttaift  »/ 
 6V>«*#,thatbc  fore  his  marriage  with  QuccnTolant  he  had  patted  a  matrimoniailpro-  sP*n%l  ii»fi 
 mife  to  Therefa  of Btdame%  flhe  fued  him  thereupon  before  the  Pope,  whogave  fen-  *7°* 
 tenceagainft  her  for  want  offufficient  witncfic,notwithftanding  his  Confcflbrs  re- 
 ft imony :  The  King  hereupon  grew  fo  angry  with  the  Bifhopfor  revealing  his  fe- 
 rrets, thacfending  for  him  co  his  chamber,  hecaufed  his  tongue  to  be  cut  out  ;  For 
 which  out-rage  committed  on  the  Bimop,  though  faulty,  the  Pope  in  theCounccll  of 
 Lions  complained,  and  in  theend  interdicted  all  the  Rcalme  ofArragon,  and  cvcom- 
 municated  the  king.  Hereupon  to  take  off  this  interdiction  and  excommunication, 
 the  king  fent  the  Bifhop  of  Valertia  with  his  c*cufeand  humiliation  to  the  Pope* 
 wherewith  he  being  fomewhac  pacified,  fent  two  Legates  into  hrragon  -  who  having 
 aflemblcd  a  Synod  of -#//&*/>/  at  L<ridaylhcy  caufed  the  King  to  come  thither  ,'and  te 
 confeffe  his  fault  upon  hu  knees  before  thefe  f ethers ,  with  great  fubmtffion  and tear r/, 
 who  gave  him  abfol^tion,  upon  condition  be  fljould  caufe  the  Mon.iftery  of  Bone  face  to 
 be  built  ,and  endowed^  ith  an  hundred  and  forty  pounds  of fiiver  ^of  annuallrcnt ;  endow 
 an  Hofpitallfor  the  poore  with  foure  hundred  pounds  fiver  per  annum ,  and  give  a  Pre-  (d)  Gen.  hift  tf 
 bendary  in  the  great  Church  ofGtrone,  for  the  maintenance  of  a  CM.iffe.prteft.  About  S/w»/  *  *  «f. 
 which  time  the  (d)Moors  in  ty^credtcd  many  new  Kings  and  Kingdomiby  mutuall^u  4°*' 
 confentyind  MahumadAben  Alamar  fev  Wis  valour,  was  by  the  inhabitants  of  Ma- 
 noma,  clefted  and  made  fir  ft  KmgofGranado. 
 
 (e)  Anno  1:43. all  was  incombuftion  in  Portugal!  by  the  negligence  and  bnfe- 
 ceflcoftheirking  Don  Sancho  (fapello ,  w*  o  v\a«  whollygivcnto  his  wive&bumours,  ^-S  ^  ^ 
 hated  of  the  Portugales,  and  himfclfe  difliked  tor  her  la&e  :  tor  many  Malefactors  JZflfa 
 andinfolcntpcrfonswerefupporieclby  hei,  who  grew  daily  moiciudacious  in  their 
 cvcciTe,  without  fcarc  of  lattice,  which  was  trodden  under  foor,  forrheir  refpec*. 
 For  thefe  confutations,  and  hcrbanenn.fletoo,  all  the  Noblemen  of"thck  ngdome 
 defired  to  have  the  Queen  galled  Afenci..  )  fepiratedana  fent  out  o'  Portugall:  fur 
 effecting  whereof,  they  made  a  great  lnitance  at  Rome,  but  nckhci  exhortation,  a  '- 
 
 I  i  mockioa 
 
66  Thf  Soteraign  poleer  of  Parliaments  and  Kingdoms. 
 
 monition  nor  commandment,  nor  ccnfurc  could  prcvailc,  the  king fo  doting  on  her, 
 that  he  would  notleave  her:  Which  the  Portugals  perceiving,  fomeof  them  prefu.  ' 
 med  to  feizeon  her  in  the  Gityof  Coimbra,  and  conducted  her  into  gdllicia%  from 
 whence  (lie  never  more  returned  into  Tartu  gall.  Not  content  herewith,  the y  fought  to 
 depofe  the  Kingfram  his  Roy  all  dtgnity  tootfor  bis  ill  government,  and  to  advance  his 
 Brother  Don  Alphonfo  to  the  RegallThr -one,  in  his place ;  whomtheEftates  ajfembled 
 made  Regent  <?/Portugall,  leaving  only  the  Title  of  King  to  his  brother-,  which  fact  of 
 the  Eftates,  the  Pope  in  the  Councelhf  Lions,  authorised  by  his  Apeftolicks  power : 
 with  which  the  King  being  difpleafed,  abandoned  bis  Realme,  and  retired  into  Caftile*. 
 A  r      H'ft     (0  ^mo  *247*  TheLawesandGuftomes  of  Arragon%  were  reduced  into  writing 
 ofSpain'u  ii. '  h  K**&  lames  his  appointment,  and  compared  into  one  body  y  having  till  that  time  been 
 p./l?.  '  *         obferved  onely  by  tradition  :  which  Volume  was  coufirmedby  the  Sftates  held  at  Hu- 
 efca:  And  the  fame  yeere  the  King  of  Caftile  creeled  a  kind  of  Chancery  and  (tending 
 Court  of  Parliament  of  12.  learned  men,  which  followed  the  Court. 
 '    (g )  Anno  i2H.Thibaldtht2.  king  of  Navarre  being  but  1  j.ycers  old  at  the  dc- 
 (£)  Gen.hift.of Teem  of  thecrown  unto  him,  was  ati^.yeersofage,  declaredof full  age,  and  crowned 
 Spaing.  i%  p.    Kin?  in  the  trr  eat  church  of  P  amy  clone,  where  he  didfweare,  TO   PRESERVE 
 3*5,3*^387.    AND    AUGMENT    THE   PR1VILEDGES    OF    THE    COVNTRY: 
 Afterwards  he  doing  homage  to  the  king  of  Caftile  for  the  Realme  of  Navarre,  as  his 
 predeceiTours  bad  done  before  him,  and  making  fuch  a  peace  with  him  as  the  prelates, 
 Knights  and  Commonalties  of  the  Realme  in  the  States  had  approved,  yet  divers 
 knights  and  the  Inhabitants  of  the  Borough  of  St*  Iermin  of  Pampelone  difallowed 
 tkis  homage,  this  peace,  and  wouldnotfubfcribetoit,  as  tending  to  the  kings  dif- 
 honour  \  whereupon  the  king  did  punifli  them  by  fines;  but  his  choller  being  paft, 
 tome  few  dayes  after,  considering  they  were  good  and  faithfull  fubje&s,  loving  his 
 honour  and  gteatneffc ,  and  that  they  refifted  his  will  out  of  true  love  and  2eale 
 which  they  owed  to  the  Crowne  and  their  Countrey  ,  hce  caufed  their  F.ncs  td 
 
 be  reftorcd.  ' 
 
 (b)  Alphonfo  the  3 .  fifth  King  of  Pertugall  putting  away  his  fir  ft  wife  Mahault 
 (b)Gen,  bift.of  wjtncut  caufc  after  he  Had  children  by  her,  and  marrying  Beatrix ;  hereupon  when 
 3p*m,hn.p*  k  nojntIcalic$0fFriendsor  the  Pope  he  would  cntcrtaine  his  firft  wife  again,he  was 
 &><M97'         cxCommunicated  by  the  Popfj  and  his  Realme  interdicted  10.  or  i2*yccrsfpace,con- 
 
 tinuing  ftillobftinate  till  his  firft  wife  dyed,  after  which  he  wasabfolved. 
 rt\Gen  hid  of     (0  i/4*no  I2^0,  anc*  in  f°mcyeere  following,  there  were  divers  controversies 
 $hnyU  ii  p.   concerning  the  Crown  Lands,  and  fetling  of  Portions  for  the  King  of*Afrragons 
 523.400,401,    younger  children,  moved  and  determined  in  the  Affembly  of  the  Eftatesof  Arragon: 
 and  the  Nobility  complaining  ,  that  their  King  lames  did  breake  their  priviledges, 
 m*dem*r,y  Leagues  and  Fatlions*  This  matter  being  debated  in  the  £  slates  at  Sara- 
 goiTa,  and  thenatExez  in  the  year  e  1265.  for  pacifying  thefe  troubles  they  enacted, 
 That  no  honours  nor  military  fees  fbotsld  be  given  to  any  but  to  gentlemen  of  race,  and 
 born  in  the  Countrey.  That  no  Qentlemanfhouldbefubjeclto  the  tribute  of  CatteU,nor 
 U  any  other.  That  in  all  controverts  which  the  Nobility  might  have  againft  the  king 
 or  amongi  hem f elves  1  the  Magiftrate  caked  the  Iu ft ice  Major  of  Arragon  fbould  be 
 l»d<re,  being  afsi/ed  by  the  Councell.  7  hat  the  Kingfhould  no-t  give  the  fees  and  Aiili- 
 **rj  rewards >  allotted  to  them  that  doebimfervicey  as  a  recompence  of  their  vertue  and 
 valour ,  to  any  of  hi^UwfuU  children x  who  by  right  have  their  fort  tons  intheRealmei 
 
The  Solteraign  power  oj  Parliaments  and  t\ingdomer+  67 
 
 i/lnno  1274.  Umes  Kin^ofA^.^w  commingro  the  Councell  of  Lions ,  (leprous 
 thereto  be  crowned  by  the  hands  ot  Pope  r;rrjr^r;  (a  ceremony  whereof  he  made 
 great  account :)  the  Pope  refufed  him,  unlejTe  h  would acknowledge  himfelfe  vaffaHto 
 the  church  of  Rome,  And  pay  tic  arreragesof the r§n$  which  the  d:ecafed  Km*  Don 
 P  cdro  his  Father  had  promifed  :  the  which  King  Tdmes  would  not  doc,  holding  tt  an 
 unworthy  thing  fo  todebafe  the  grtatneffe  of  his  Crownei  and  refiraine  the  Liberty  of 
 IjisRealmetnanyfirt.  And  this  yeare  there  were  great  and  continual!  TurnultJ  in 
 
 A' 
 
 di 
 
 tooke  the  government 
 
 Pedro  :  and  diver fe  gre at  Dons  were  there  condemned  of  'contumacy ,  and  their  Lands 
 
 confifedted  by  the  IufticelAajor  ^Arragon  :  In  this  Affembly  the  N  ability  pleaded  the 
 
 <PriviltdgesofC*\te\oy\K;That  the  Nobility  might  ejuitthcKings  obedience  m  cafe  of 
 
 controverjies  andftutcs%  specially  if  there  were  qpieflion  of  their  Liberties^  andtopro- 
 
 teflitpublikeh. 
 
 (^)  Anno  i26$.Denis thcinfontK'ingot Pcrtugall  dcGrcdhii  Grandfather  At-  (fiGcu-  If  J. 
 phonfo  King  ofCaftilei§  dtfeharge  the  Realm  of  Port  t'gallvf  the  homage  andvaffallage  fspUsjLi+fi 
 it  ought  to  the  King  ofLeon^vjko  thinking  it  would  be  taken  ill  by  the  Noblemen  his  hi*  }9*» 
 Sub/e&s,  advifed  the  infant  to  propound  it  in  an  open  Aflcmbly,  called  to  that  end  , 
 The  opinion  otBon  Nugnode  Lara  was,  that  by  nomeancs  he  fbrnlddiminifithc 
 authority  andgreatnejfe  oj  his  frown,  which  hefioulddoe,  if  he  did  quit  this  homage  to 
 the  KmgoffortugalL\  For  which  opinion  ihe  King  growing  angry  with  him,'  the 
 refiduc  tearing  the  kings  difpleafure,  advifcdhtmto  docit t  Whereupon  thcRcalmc 
 of  Port  wi  all  vj^  freed  from  all  homage  and  fubjcclion  due  to  the  Kings  otLecn  and 
 Caftile-Sot  which  prodigality  the  other  Nobles  and  D.  T^jtgno  were  Co  much  difcon- 
 tented,  that  they  made  a  League  with  the  King  of Grtnado  again  ft  their  own  K. 
 difmembrirg  Portugall/r^w  the  Crown  tf/I.eon  ;  to  pact  fie  which  differences  the  King 
 nfedmany  mediations  %  and  at  Lift  catted  an  Affembly  of  the  Eftates  at  Burgos  }the  which 
 was  held  without  theTownefor  thefafty  of  thefe  Confederates. 
 
 That  great  Aitronomer  (l)Atphonfo  King  of  Caftile,(wbo  prefuraed  to  cdntroulc  (0  Ge*-  Hijf. 
 the  Author  of  Nature,  faying;  That  ifhehadbeen  at  the  Creation  of  theworld,  hee  §fsP**h  l- I* 
 fhould  in  many  things  have  been  of  another  opinion  yand  amended  Godiworkynanfjip  -y)  Mla»f#4** 
 wasamoft  willfuli,  indifcrect,  unfortunate  Prince  ;  for  his  cldcO  (onne  Fernand dy- 
 ing in  his  lifetime,  leaving  ^Alphonfo  and  other  ilTuc  malcb  behind  him,  BonSancho 
 hisfecond  fon  refolved  todifpofieflchhNcphcws  of  the  kingdom/aying-T"/;^  tt  nas 
 fit  that  he  who  was  a  Knight,  and  learned  to  govern  a  Realme  ,  were  it  in  w.irre  or 
 peace+fbould  raigne  after  his  Father  father  then  htsNephews.fons  of  hi-scldcft  brother 
 who  wereVerj  youngy  having  need  of  Regents  and  Governoursy  charges  which  wereaf- 
 fellcd by  treat  pcr-fonages,  who  by  reaf on  thereof  grew  into  quarrels  one  with  the  other, 
 to  theopprefftoncfthe  people,  and  ha&Lard  of  the  Eftate.  After  which,  Don  Lope 
 Diaz,ofHaroyxtttz&  the  King  to  declare  BonSancho  his  fonne,  his  fuccc  (Tour  in  the 
 Realmes  of  Cafttle /Toledo,  Leon  y  and  other  placcs,being  his  cldeftfonnc  then  living; 
 to  which  he  giving  a  cold  anfwer  at  firft,  having  afterwards  afTemblcd  the  Eftate>  id 
 Segobia,  he  was  by  the  King  and  the  Eftates  confent  declared  and  received  as  heire  to 
 the  Crown  after  his  Fathers  deceafe,  Feruands  children  being  di [inherited  of  their  right , 
 V?hich faft  was  then  excufed  zndju&\(kd3beca»fe  there  was  no  law  at  that  time  which 
 
 li  %  did 
 
68  The  SoTtsraign  fo  w  ofParliment  and  Kingdoms, 
 
 didbiudetheKwg,  much  lejfe  the  Eftates,  to  have  the  Realme  more  to  one fonne  then 
 to  another:  fince  which  there  was  a  law  made  and  received  in  the  time  of  Fernand 
 the  j.unhcCityofTrfrfl;  where  it  was  decreed  by  the  tftates  upon  this  difficulty, 
 That  the  Children  of  the  elder  brother  deceafed,  reprefenting  their fathers  perfen,Jbould 
 in  that  refpeel  be  preferred  before  the  Vncle  :  Hereupon  Queen  VioUm,  and  Blanche 
 widow  to  Femand  were  fo  much  difcontented  with  the  Decree  of  the Eftates,difin- 
 hcriting  theeldefl  brothers  fonnes,  as  taking  theycung  children  with  them,  they  de. 
 parted  out  of  faftile  to  Dm  Pedro  King  of  osfrragon;  where  Don  Sancho  caufed 
 hisN^phcwsto  be  imprifoncd,  whom  king  A/phonfi  labouring  un^cr  hand  to  gee 
 rcleaf  d,  DonSancho^dveti^cd  hereof,  made  a  league  with  the  Mooresoi Granado a 
 ggalntt  his  Father,  and  by  aflent  of  bis  confederates  took  upon  him  the  Title  of  Rc- 
 gencyof  theKingdome  ofCaflile  and  other  his  Fathers  domiuions,icfuf1ngthe  Title 
 of  King,  during  his  Fathers  life  time;  who  was  forced  to  pawn  his  royal/  Cloven  and 
 Jewels  to  Iaccb  tslbin  Iofeph  a  Moore,Kingof  Morocco,  who  aided  him  willingly  a- 
 gauirt  DonSancho.  After  which  in  an  AfTcmb/y  ofthc  States  at  Cordova  with  the 
 adyife  of  the  Noble  men  and  knights  of  C*/?*/<?  thereupon  fent,  by  a  Decreeyxo- 
 jounced  by  the  mouth  of  Don  Mar,  uely  in  the  name  of  the  whole  Nobility^  Alphonfo 
 Was  deprived  of  all  his  Realme.^  for  murthering  hi*  brother  Don  Frederick,  and  bur* 
 ring  T)on  Rues  unjuftly  without  anyformeofjufticeor  orderly  proceedings,  the  breach 
 of  the  rights  and  privdedgeJ  of  the  T^jbtlity,  and  the  excefsive  wafting  of  the  treafure 
 of  the  Realme.  Vpon  this  there  aroie  bloody  Warn  s  between  the  Father  and  fonne  • 
 and  in  the  ycere  11S2.  filphonfovtasfovt'xrd  with  his  Tonnes  proceedings,  that  hee 
 pronounced  in  the  prefence  of  many  men  of  ranke.both  Clergic  and  Laity  in  the  City 
 otS-evifl,  The  cu^fe  of  God  and  his  uponX)  on  Szncho,  a  fonne,  faid  he,  difobedient9re- 
 beliiottSi  andap*ricidet  declaring,  htm  uncapable  and unworthy  40  reign^  depriving  him 
 ofhkfuccejfions>  inheritance,  ankdtf charging  thefubjetls,  as  much  as  in  him  lay  from 
 all  oath  and  homage  which  they  had  done  unto  him*    But  thefc  were  but  words  which, 
 Don  Sancho  did  not  much  cftecm ',  enioy  iog  his  Fathers  kingdomes  after  his  deceafe 
 inT«le$as  he  did  before  in  a&,  and  dying  king  of  Cafitle, his  hires  fuccecded  him  in 
 lhat  Realme,  as  lawfull  heircs  thereunto. 
 (*»)  Hierm*         (m)  Don  Pedrothe  third,  king  of  Arragon  about  theycare  1 28  j.  had  many  con» 
 tifonea.Rer.A*'  trover  fies  with  his  Nobles  and  knights  who  complained  much  of  his  fewer  difpofiti- 
 rfFnQ°mij-n    onj  a°d  tyrannous  manner  of  Government,  infulting  over  the  greateft,  yea  againft; 
 tiSpiin  Uz, '    n*$  own  bloody  contrary  to  all  Law  and  nature,  Wherefore  being  ill  intrcatcd  by  him 
 ^i^iij4tlt  in  their  fiecdomes,  whereofthc  Towncs  and  Commonalties  of  his  Countries  did, 
 alio  complain,  the  Nobility  y  Kmghts  and  Gentry,  forprefervationof  their  Liberties 
 made  a  ZJnion  togeth cr  among  themfelvc  s  and  with  the  people ;  prontifing  andfweArinyr 
 to  let  the  King  and  his fonne  Don  Alfhonfo  (who  was  his  Lieurcnant  Generally  undcr- 
 fiand,  that  if  they  did  not  contain  them f elves  within  the  limit  s  of  the  Lawes  of  the 
 County  yjhey  tvouldwithdr  aw  themfelves from  their  obedience,  and  dec Urethemfe Ives, 
 enemies ,  and  pur fue  them  by  armes  that  [houldfeekjo  breakjhem*    Tne  king  here- 
 upon  called  the  Eltates  to  T^rrafone^ztid  afterwardsto  Saragoffa,whcrc  lie intreated 
 promifed  and  didall  what  he  could  to  breakthis  Vnion  :  but  he  was  forced  to  yeeld 
 and  granted  to  the  Arragenians  the  priv  Hedge  they  call  Generally  whereby  their  Liber~ 
 ties  which  had  besysfomswhatreFhrasned^were  again  refiored,  the  ancient  manners  of 
 %k%  Country ,  and  cujlomes  of  their  ancefiours  gut  in  pracltfs.,, .  And  moreover  there- 
 
The  SoteraignepoToer  of  Parliaments  and  kingdoms.  69 
 
 wet  e Laws  made  for  thetr  Ktigs,  which  they  fiouldbe  bound  to  obey  ;  and  for  that  they 
 wereLi  a  mutiny  in  Tome  places  by  reafon  of  certain  Impositions /^i4  upon  fait  ,  r£* 
 traffejue  thereof  wm  made  free  by  the  Sftates.And  the  king  re  fuflng  the;udgmcnt  of  the 
 lufttre  Maiorok  ArrAgon,  depifmg  Pedro  Martinet  Artaffone  fwho  then  exercifed 
 it)  from  his  Office,  the  Elates  foon  after  atan  atfemblyatZ^r**,  fortified  itwith 
 ftiongerl  awi^ermingthcluftice  ot  Arragon  to  be  a  Uwfull  \uige  y  (  whom  the 
 Kinghtmfclf  could  not  difplace)  evert  in  Cafes  commenced  agatnft the  King  j  who 
 being  cited  and  not  appear tngy  there  were  Decrees  made  agatnft  htm  in  many  inslmccs. 
 I  uheend  the  King  confirmed  the  Decrees  of  the  lufttce  UWaiir ,  and  whaifoerer 
 (fcouid  be  concluded  by  the  Sftatrt,  the  Deputies  and  Councilors  having  given  their 
 f*ffr*Xes  ^ 
 
 I  read  in  *  Hierommtu  Blanca%\hit  about  the  year  1211.  the  Arragomans  taking  ■  Return  Am* 
 it  til  that  their  Liberties  gotten  wtth  their  b  load,  fjouldfo  many  way  es  befubverted,as  &6*™f.  Con- 
 then  they  were  by  KingVcdro  the  fir si ,  raifedupthe  2^ame  and  forces  of  a  Vmony  mtnt-m  *ei* 
 tjiat  with  one  force,  and  the  confent  of all ,  onemiicde  as  it  were  being  made  out  tf2*^  ** 
 ttU ,  they  might  more  eaftly  propulfe  fo  great  injuries ;  but  what  was  then  done  here- 
 upon, is  not  recorded  ;    But  the  two  memorable  Piivilcdgcs  of  the   Vnion  under 
 King  /ilphonfo  the  third,  are  faid  to  fpring  from  thence. 
 
 mom 
 
 go  fa;  where  having  fmrn  and  promifed  the  obfervation  of  the  (fuftt,r„i%  wgirn  ««a 
 Priviledgesofthe  Countrey  ,  mdreceived  the  Oath  of  fealty  from  the  Deputies ,  he  Kaum  Ctmm 
 might  Uwfully  take  upon  htm  the  Title  of  the  King  ef  Aragon  ;    the  which  they  fat  J,  <4pph.}.p.*4iy 
 he  might  not  ufe  before  this  jfcl  and  (feremony  ,  according  to  the  ancient  cuftoms  of A-  W»» 
 ragon,   Vponthefefu  unions  hecamctothc  AfTembly  of  the  Eftatcs  to  Saraiofa 
 touk  the  Oath  aforefaid,  after  which  he  was  Crowned  :  Which  done  there  grew  in 
 this  aifembly  agreatcomention  ,  touchingthe  reformation  of  the  manners  of  Courtis- 
 ers,  and  the  ordering  of the  Kings  houfe ;  the  Noblemen  and  Deputies  of  the  Eftates 
 ofyiragon  maintaining;  that  the  conufince  thereof  was  incident  to  their  char^t\tl;e 
 Kwg,andhishoupjoldfervants  on  the  other  fide \  denied ,   that  there  wot  either 'Law 
 or  cttftom  which  tyed  the  King  or  bis  followers  to  any  fuch  ftibjettton*      Jn  the  end  i: 
 was  concluded,  that  the  reformation  of  the  Court  fhould  be  made  by  twelve  of  the 
 principallFamdic^fhc  like  number  of  KnightSjfour  Deputies  oiSaragoffa  ,  and  one 
 of  cither  of  the  other  Cities,  the  which  fhould  give  their  voices  incrutcafe.  This 
 Vn  on  of  Aragon  obtained  like  wife  aDccrcc,that  the  King  fiould  have  certain  Coun- 
 tellorschofen,  to  wit  jf our  of  the  chief  Nobility  yf our  Knights  of  noble  andanctert  races' 
 four  oj  his  houfjoldfervantSftveo  Knights  for  the  Realm  cf  Valencia,  two  Citizens  ef 
 SuagofTyW  one  of either  of  the  other  Cities    (  whom  they  particularly  name  )    with 
 4  condition,  that  wljileft  the  K  mg  fhould  remain  tn  Aragon, Ribagorca,  or  Valencia 
 twoofthofe Kcblemen^tvpo  ofhtdj.rvants  ,  two  Knights  of  Aragoo,  one  ^Valencia 
 and  the jcur  'Deputies  of  tbeT^ealm  of  Aragoo,/5*#/<i  follow  and  refide  tn  hU  Court , 
 AS   COVNCELLORS  APPOINTED    BT  THE  VNlON  ;who  protefted  by 
 folemn  Deputies  fent  to  the  King  to  that  evd  f  that  if  he  did  not  receive }  obferve,and 
 maintain  theje  orders,    THET  rVOVLD  SEIZ8  f'PON  ALL  HIS  R£V£- 
 NFES,  and  on  all  the  fees,  Offices,  and  dignities  of  fuch  Noblemen  as  Jhouldcomr.idtc} 
 them*  Thus  were  the  Kings  i&sAragon  imreatcd  in  thofe  times  by  their  fubjec."h,w  I  o 
 
 J  i  %  ,  o;tr*d 
 
70  The  Sol>craigne  power  of  Parliament  and  Kjngdom^ 
 
 entred  into  a  Vnionbetween  themfclves  jefolving  ,7 'hat for  the  common  cauje  ef  liberty 
 Nonverb^folumySET>  ARMIS  CONTENDERE  L1C ER£T>thattt  was  law- 
 full  for  them  to  contend  not  wely  with  wordsfiVT  WITH    ARMS  TO  ;  and  deter- 
 mined in  thu  ajfemblj  oftheStates,A  C  omit  ijsintempe five  difeed  ere  REGI  NEFAS 
 ESSEyThat  tt  wot  unlawful  {yea,  a  grand  offence)  for  the  king  to  depart  unfeafo- 
 nablyfromhis  ?arliament%beforeit  was  determined*    Our  prcfcnt  cafe. 
 &)<Sen.HlJLof    (0)  lames  the  Second  oiAragon  being  in  Sicily  at  the  death  of  King  i/ilphonfo  f  Z>  oh 
 Spain,  /,i  j.p.    pejro  his  brother  aiTembled  the  Efhtcs  at  Saragoffa,  to  confute ,  left  the  State  in  his 
 43M*f.  abfence  would  receive fome  prejudice;  where  J ames  arriving, havingfirfl  frvorn  and 
 
 fromifedthe  obfervationof  the  Rights  and  Priviledges  of  the  Countriey  was  received 
 and  crowned  king.  About  the  year  1320    lames ,  by  advice  of  his  Eftates  held  at 
 Tarragone,  made  a  perpctuall  Vnion  of  the  Realms  ofesfrragin  and  Valencia,  and  the 
 Principal  ty  of  C  at  clone  y  the  which  from  that  time  fhould  not  for  anyoccafion  bedif- 
 unitcc*.  In  which  aiTembly  Don  \amcsz\&c{{  ion  to  the  Crown,  being  ready  to  marry 
 Leonora  of  C\*Jfr/<?,fuddcnly,by  a ftrange affection,  quitting  both  his  wife  and  fiic- 
 ecflion  to  the  Realm  oiArragon,  told  his  Father,  That  be  had  made  a  vow  neither  to 
 marry,  nor  to  reign  •  fo  as  notwithftandingaflperjwafions  ofihe  King  and  Noblemen 
 he  quit  hii  Birth-right  to  his  Brother  Don  Alphonfo  ,  after  the  example  of  Efau  :  df-   ) 
 charged  the  Efiates  of  the  Oath  they  had  made  unto  him,  and  prefently  put  on  the  ha- 
 lite of  the  Knights  0/ Jerufalcm ;  Whereupon  his  fecond  brother,  was  by  the  Sflates  of 
 Arragon  acknowledged  andfworn  heir  of  thefe  Kingdoms  ,  after  the  deceafe  of  his 
 father.  At  this  timcthe  Authority  of  the  luftice  of  Aragon  was  fo  great,   That  it 
 mtght  be  th  cenfure  the  Kwgy  and  the  Eft  ate  s^and  appoint  them  a  place ,and  admit  ttyem  \ 
 that  didaffifty  orrejeel  them. 
 ty)6enjlijl*        (p)  Ferdtnandthe  fourth,  king  of^y?//^,  being  but  a  childe  when  his  father  San. 
 af  spa'm,l.  13.  ^died,  was  in  ward  to  his  mother  Queen  /J/^^hisProtedtrciTe  ;  he  had  two  com- 
 P.440.W476.     petitors  t0  the  Grown,  Alphonfo  de  la  Cede,  and  'Don  Iohn%  who  making  a  ftror.c 
 confederacy,  were  both  crowned  Kings,  againft  right,  by  feverall  parts  of  his  Realm, 
 which  they  fhared  between  them*     The  States  aiTembled  at  Zamora  granted  great 
 fums  of  money  to  Ferdinand  to  maintain  the  wars  with  his  enemies,  and  procure  a 
 difpenfation  of  Legitimation  and  marriage  from  the  Pope,  who  would  donothW 
 without  great  fee?.  After  which  hefummoning  an  aiTembly  of  the  Eftatesat  Me- 
 dina, they  refufedto  meet  without  the  expreffe  command  of  the  ff)ueen  Mother  ,  who 
 commanded  them  to  aflcmble,  and  promifed  to  be  prefent,      After  this  divers  ac- 
 cords were  made  twixt  him  and  his  competitors;  and  at  laft  calling  an  aiTembly  of^ 
 the  Eft  ates  to  affift  him  in  his  warres  againft  the  Moor  si  hefoon  after  condemned  two, 
 Knights,  called  Peter  and  lohnof  Cara«jajal>  without  any  great  proofs,  for  a  mur- 
 ther,  and  caufed  them  to  be  caft  down  headlong  from  the  top  of  the  Rock  of  Martes; 
 who  profeffing  their  innocency  at  the  execution,  they  adjourned  the  king  to  appear 
 attheTribunallScat  of  Almighty  God  within  thirty  dayes  after,  to  anfwer  for  thei 
 unjuft  deaths;  who  thereupon  fell  rick  and  died,leavinghis  fon  Alphonfo  the  i2,ven 
 young;  for  whofe  Regency  therebeing  great  competition,  the  inhabitants  of  Avila, 
 and  their  Biflicprcfolvcd,  not  to  give  the  poffejfionand  government  of  the  Kings  per* 
 fon  to  any  one,  that  was  not  appointed  by  the  ajfembly  of  the  Efiates ;    whereupon  the 
 E slates  a jfemb ling  at  Palence,   committed  the  government  of his  perfon  to  ^Mary 
 his  grandmother  and  fflueen  Conftance  ku  mother ;  who  dying ,  another  Ajfembly  of 
 
 the 
 
The  SoTpcraigncpo'Ver  $f  Parliaments  and  Kjngdoms.  ?  \ 
 
 the  Eftates  was  called  at  Bursas,  Anno  I  3  \^.wh$  decreed,  that  the  Government 
 Km?)  a*d  Re^thcie  of  the  Realme  fiould  bereditted.'M  i*$cone  body  betwixt  £^Mary, 
 Don  Pcdro^w^Don  Iohn,<W // any  one  of  them  fiould  dye tit  f/eu/drema:  w 
 
 ether  that  did  furvive  ,   and  to  oneif  two  dyed.    Afccr  this,  Anno  i^.thefeTu- 
 tors  and  Governours  of  the  Realme  of  C  aft  tie  were  required  by  the  Ejlates  in  an  tf^jf em- 
 it j  at  Carrion  to  give  caption  fir  their  government,  and  to  five  an  accomn  ?y 
 had  done,  Whootcen  jarring  and  eroding  oue  another ;  divers  Aflcmblies  of  E/htes 
 weic  oft  calJcd  ro  accord  them.   Anno  I  ^zo.The  Eftates  ajfemb/ingy  appointed  new 
 Governors  of  the  King  and  Realme,  who  dtfchargtng  their  truft  very  Uwdelj    and 
 epprefftng  the  People,  A*no  1326.  they  were  dif charged  of  their  A  dm  miflr  at  ion  at  a 
 Parliament  held  at  Vz'Akdolct:   inwhich  thekingdid  fwtarc,  to  obferve  thefmAa- 
 inentallLawesofthe%ealmey  and  to  admimfter  juftice,  maintaining  everyone  in  ha 
 Eft  ate.  goods  and  honour  \  which  done,  the  Deputies  of  the  Eftates  fwore  htm  Ec- 
 alty.  (7)  This  King  afterwards  proving  very  cruclland  tyrannicall,  his  Nobles  and    (0)  Cen  lii/t. 
 Subjects  oft  times fuccejfively  tool^  up  de fen  five  armes  again  ft  him,  his  Tyranny  aug-    of  span,  1. 1  j. 
 mcntinv  their  cbftinacy,  and  procuring  htm \  ft  ill new  troubles  ;  Whereupon  atlaftdif-    <*"  I4.f-V"s' 
 cerning  his  crrours,  he  became  more  mild,  and  often  aflcmbled  the  Eftate?  in  Parlia- 
 ment, who  gave  bim  large  Subfidics  to  maintain  his  warres  againlt  the  Moores. 
 (r)  The  Province  of  Alava  had  acuftomeeo  chufeaLord  under  the  Sovcraignty  of 
 Cafti/et  who  did  govern  andenjoy  the  revenues  appointed  by  the  Lords  of  the  C***tnji    y  Gc*  Hl^  4 
 for  the  eletlhtt  of  whom  they  were  accuftomed  to  ajfemble  in  the  Fteldof  Arriaga  \thofe    I^"\'%  *J* 
 of  this  Election  being  called  Brethren,  and  the  Affemblj  of  the  Brotherhood.  Notwith- 
 Aandmg  in  the  ycer  1 331.  the  Brotherhood  and  Eftates  of  this  Province  fent  10YL.AU 
 phonfo  divers  Articles,  which  they  befecched  him  to  confirmc,  promifmg  for  th;ir 
 part,  that  this  friouid  be  their  laft  AfTembly,  and  that  the  name  and  effect  of  their 
 Brotherhood  fhould  remain  for  ever  extinct,  and  the  Province  be  for  ever  united  ro  the 
 Crownoffoftile,  if  he  wquld  confirmrthofe  Articles  to  them,  being  17.  in  number, 
 which  he  did.  The  chiefe  were  thefc,  That  the  King  nor  bu  Sncceffors  fiould  not  alien 
 r.ny  place  ofhx  Demefncs*  That  the  Gentlemen  and  their  goods  fiould  be  free  and  ex- 
 empt from  att  Subfidics  as  they  had  been  heretofore.  That  they  and  ethers  of  the  (fotin- 
 trey 'fiould  be  governed  according  to  the  cuslomes  and  right!   of  Soportitta  ;   ±And 
 that  divers  Townes  and  Villages  therein  fpccified  fbould  be  free  from  all  Tributes  and 
 Impoptions* 
 
 (f)  About  the  ycer  1309.  y^4^«w<r^Kingof5'r^«^,becommingcafuaIIy  blind,    (f)Gen.Hifi. 
 was  foon  after  depofed  by  his  own  Brother,  and  the  great  men  of  his  Realme  ,  who    of Spain,  ltl$. 
 were  difcontentcd  and  disked  to  be  governed  by  a  blind  Kmg.who  could  not  Icadthem  P  •  i*M*<M7*- 
 tothewarresinp  rfon.  Which  Kingaome  went  by  Election  commonly,  as  is  evident 
 by  his  three  ncAtfuccciTours,  and  Mahumet  the  fixth  King  of  Cjranado, 
 
 (/)  Anno  1  -07.  Lewes  Huttn  was  crowned  King  of  T^jfuarre  at  PawpeUne^ where 
 he  lwarc,fo  obferve  the  Lawes  and  Rights  of  the  Realme.   After  which,  tA*n$  151  5.    CO  ftv.Biy. % 
 Philip  the  Iongwas  elected  by  thcEftatcsof  J\Vz^rr<f  to  be  their  king  in  right  of  his   °j  Sp3^-'*- 
 wife,  but  it  was  upon  conditions  drawn  in  writing  which  they  tendered  ro  him  and   J  4    '    ^  '  * 
 the  Queen  to  fubfenbe  and  fweare  to,beforc  the  folcmnities  of  their  C  oronarion^'n  the 
 EHatesaflembled  at  Pampe/one,  which  they  yeclded  willingly  unto-  whereof  the 
 principall  Articles  were  thefe  »• 
 
 u  FiifMothc  Eftates  to  maintain  and  iff p  the  Rigfcts,  La^e.%  Cif.crre?,  L:- 
 
 bcitifs, 
 
7  2  The  Srteraigne  power  of  Parliament  and  JQngdoms, 
 
 berries,  and  privilcdges  of  the  Realmc,  both  written  and  not  written,  whereof  they 
 wereinpoiTcffion,  to  them  and  thck  fucccffeurs  for  ever,  and  not  to  diminifli,  buc 
 rather  augment  them. 
 
 2.  That  they  fnould  difannull  ail  that  had  been  done  to  the  preiudice  thereof  by 
 the  kings  their  Prcdccetfors,aftd  by  their  Miniftcrs,  without  delay,  notwithstanding 
 any  Ler. 
 
 3.  Thatforthc  tearmeofn.yeares  to  come  they  fhould  notcoyne  any  money, 
 butfuchas  was  then  currant  within  the  Realme,  and  that  during  their  lives  they 
 fhould  not  coync  aboveone  fort  of  money,  and  that  they  (hould  diftribute  part  of  the 
 revenues,  profits  and  commodities  of  the  Realmc  onto  the  Subie<5b. 
 
 -4.  That  they  fliould  not  receive  into  their  fcrvice  abovefoure  Grangers,  but  fhould 
 imploy  them  of  the  Councrey. 
 
 5.  That  the  Forts  and  Garrifonof  the  Realme  fhould  be  given  unto  Gentlemen 
 borne  and  dwelling  in  the  Countrey,  and  not  to  any  ftranger,  who  {hould  do  homage 
 to  the  Queen,  and  promife  for  to  hold  them  for  her,  and  for  the  lawtull  Hcire  of  the 
 Conntrey, 
 
 6.  That  they  (hould  not  exchange,  nor  engage  the  Realme  for  any  other  Eftate 
 whatsoever. 
 
 7.  That  thcyihouldnotfellnorengagcanyofthe  Revenues  of  the  Crowne,  nei- 
 ther fhoukl  make  any  Law  nor  Statute  againft  the  Realme,  nor  againft  them  that 
 (hould  lawfully  fuccced  therein* 
 
 8.  That  to  the  firft  fonne  which  God  fhould  give  them,  commingtothe  age  of 
 twenty  ycares,they  {hould  leave  the  kingdomefree  and  withoutfa&ions,  upon  con- 
 dition, that  thcEftatcs  fliould  pay  unto  them  for  their  expenecs  an  hundred  tnoufand 
 Sanchets,  or  other  French  money  equivalent. 
 
 o.  Thar  ifGod  gave  them  no  children,  in  that  cafe  they  (hould  leave  the  Realme 
 after  them  free,  with  the  Forts,  in  the  bands  of  the  Eftatcs,  jto  inveft  them  to  whom 
 of  right  it  fhould  belong. 
 
 >io.  That  if  they  infringe  thefe  Articles  or  any  part  of  them,  the  Subiefts  fhould  be 
 quit  of  their  Oath  of  fubie&ion  which  they  ought  them . 
 
 Thcfe  Articles  being  promifed  and  fworneby  the  king  andQ^een,  they  were  fo* 
 lemnly  crowned,  and  the  Deptuits  of  the  Eftatcs,  Noblemen  and  Officers  of  the 
 re     Grown  took  their  obedience  to  them,  (r)  Vpon  this  agreement,  all  the  C  aft  let  and 
 Spain  l.  J  l  fl*e*s  of  ftrength  in  Navarre  were  put  into  the  bands  of  the  Eft  ates>  who  committed 
 4*M?8*    '    "  C^crn  umo  ^ecufiody  of  faithfull  knights,  in  whofc keeping  ihey  continued  ;  a  Ca. 
 talogueof  which  Cafiles  with  the  names  of  the  knights  that  guarded  them,  by  the 
 E'tatcs  appointment,  in  the  ycare  1335.  you  may  read  at  large  in  the  generaU 
 Hi  ft  or j  of  Spainc. 
 (x)  Gen.  kt/kif      Before  this  (x)  Anno  I328.the  Eftates  cf2(jvarre  aflcmbled  at  Puentala IZyna, 
 spamtl.n.p.    torefolvewithoutanyrefpeat:T0  WHOM  THE  REALM  OF  NAVARRE 
 *t**  BELONgED  ,  whether  to  Edward  lemg  of  England ,  or  to  lane  Ccunteffc  of 
 
 Sureux.  The  Eftates  being  adjourned  to  Tamflone,  thechief  Town  of  the  Realme, 
 their  opinions  were  divers;  many  holding  that  king  JE^Hvzr^fhou'd  have  the  Realm, 
 as  Granchilde  ("born  of  the  daughter)  to  Queen  lane,  daughter  to  King  Henry,  ra- 
 ther then  the  Counteffe  or  Enreux,  in  regard  or  rhe  Sex  j  others,  with  more  rcafon, 
 held/for  the  Countcffc,  who  was  in  the  fame  degree,  but  daughter  to  a  Son,  and  Heir 
 
The  Softer  aign  PoVer  of  Parliaments  andi{rngdoms.  73 
 
 O'^cnlane  Thcfe  prevailed, drawing  »hc  n  it  to  their  opinion  ;  whercuron  the 
 CcnrtHcffe  was  declared  true  and  lawful.  Queen  of  Navarre  ,  the  Re  ilm  having  been 
 Unr  above  tour  Moneths.  And  utuill  that  (Tic  and  Count  Philip  her  husband  fliouM 
 ^meaiidtakepoflcffionof  thcRealin,  they  declared  the  Regent  and  Vicrroy  Don 
 Tah»Corber*noiLcct, Standard- bearer ofthclicjlm,  and  him  Way  tine,  or  Me. 
 j     '0    Lohcrca  Parliament  the  I  dates  o\  Xav.vre,  fumrr.oncd  by  themtclvcs, 
 
 rhout  a  Kin«,  determining  the  Right  cf  luccelTion  to  the  Crown,  appointing  I 
 Viccncrci^andprc'.cribinoiuchanOaehind  Articles  to  their  king,  as  you  heard 
 
 )erorc 
 
 /  '    Anno  \%%\  kin"r/^V*/>ofiY^v>/r^%t^adm;ni(ter;ufticc,etCcc>cdaacvvC)urt  (y  Gi 
 f  iv ihTment  in iNdVdm,   which  was  called  New  ,to  dittinguiOi  it  from  the  old  ;ojS  .nn Uu 
 u       AND  THS  THKEE  ESTATES  of  the  Realm   NAMING   M  BR  ****** 
 
 riPTHT  OF  THAT  CHARGE.  Q;iecn  lane  and  <?W//> deccafing,  their fon  5"* 
 rl ,  r/^thcfccond,furnamcdthc  /?^/>r  his  crucltic  and  ill  manners,  wascallcd  by 
 h     hee  Efta'es  of  JV*t*rr«  to  Pawpelcne3znd  there  crowned  in  their  Aflcmbly af- 
 ter the  manner  of  his  Anchors  ,  (wtvint  to  .bftrvethe  Ltwes  and  Libemes  of  the 
 
 *  tv  L  c  ne  the  third  brothcr,rather  then  io  hioNcphcw  the  ion  o:  the  lecond  bro. 
 r/TTr !th  »i\ffcixibl  y  the  Articles  of  th  e  generall  priv.ledges  were  confirmed,  and ic 
 tnc         ,   .       1  por  a  \^^  ^hat  no  E rteman  [houU  be  put  to  the  RAcke^  and  that  con- 
 ¥r*\?L?Lvtd  net  be  *M'Wti%b*?i*  Cafi,  of  CoyningandHtghTreafoH. 
 ffT)Jno^    Ahhonfo  King  of  f*/ifra  trcacheroufly  murthenng  Z>*.  Ms  COO- 
 
 (*M*»*  {X^Jn  ^  h  s  own  Court,  when  he  had  invited  him  to  dinner  on  <^  ^ 
 ftsaS^  confilcat,ghislands  (a  fcatf 
 
 <•      l.G./«Kine  whofiiouMbechemirroitr  of  lulticc:;  Hereupon  cDo;t  John  ^.uraurdt 
 unfeemiy  tot  a    .^  ^  Ca(.       ^^ from  ^  R.      for        ^. 
 
 AW  J~dXed  himfclf  Wi*  the  Kings  of  Arr^cn  and  grW«,ov«ran  the  ™  *** 
 
 F  i  Rodritnts  hereupon  caulcd  the  Cities  otT^X/iwr*,  and  f  ailhdoht ,  to 
 iClUml  ftiutiWroatesagainlt  theKing;  and  many  others hkewife  roolcedfrom 
 I  m  It  laft  hevvaa  forced  to  call  an  Affcmbly  or  the  Eftates,  who  gmbim  Subfr 
 Swtoatdehiminhis  waisagainftthe  A/ww)  tnd  to  conclude  a  peace  uith  Dan 
 A/WandhisotherdifcomemedSubjta»;  whom  he  afterward.  lpoihng  ot  their 
 lawfull  inheritances,  and  puifuing  them  in  their  l»?ro,rs  and  lives  by  Tyrannous  era- 
 ,ltie  ..rcndinchisoutragiousdildainevtntowotPciiothisown  blood,  hethcreby 
 fnrft  r  aneed  mo  ft  of  his  Princes  and  Nobles  from him  ,  that  they  revolted  from  hm, 
 W  i  ..ned  with  MJumn  kinS  of  GrM*d»M the  Moors  in  a  warreagainft  him, 
 I  ichlafted  tVree  or  fout  yeers,  putting  him  to  infinite  troublc.vexatiotis  a,.d  exnen- 
 «  tnrorcillp him ro make  a  difoonourable  peace  with  the  itfw',  to  relcafe :  c 
 ThLte  which  they  payed  him  formerly;  and  after  much  mediation  be  concluded  a 
 peace  thotow£utali  the  Realm  with  his  difcontemed  Subjcas.     TmsPnncetuink- 
 
74  The  Soyeraign  poioer  of  Parliaments  and  kingdoms. 
 
 ingtoraign  more  fecurely,  had  taken  a  courfeof  extream  feverity  ,  fliewiog  himfelf 
 cruell  aod  treacherous  to  his  Nobility,  whereby  he  was  feared,but  withall  he  loft  the 
 love  and  rcfpe&  of  I  U  fubje&s,  fo  as  he  was  no  fooncr  freed  from  one  danger ,  but  he 
 fell  into  another  worfe  then  the  firft,  his  Nobles  holding  this  foraMaxime,  That  a 
 Tyrant  being  offended  will  atfomc  time  revenge  himfelf,  and  therefore  they  mirft 
 not  truft  him  upon  any  reconciliation,  who  to  pacifie  the  troubles  which  had  grown 
 by  hisowncrrour,had  made  no  difficulty  to  facrifice  (  upon  the  peoples  fplcen)  his 
 ownMignions,  degrading,  and  in  the  end  murthering,  condemning  them  as  Trai~ 
 tors  after  their  death,  yea,  the  Princes  of  his  own  blood,  taking  their  goods,  eftates, 
 and  depriving  the  lawfull  Heirs,feeking  to  reign  over  free  men,and  generous  Spirits  as 
 ovcrbeafts,  entreating  them  as  bafe  and  effeminate  flaves,  who  might  not  fpeak 
 their  ©pinions  freely  in  matters  of  State  and  Government,  of  which  they  were  held 
 dead  members  and  without  feeling.  Whereupon  D.MaweUtid  other  Nobles,as  men 
 endued  with  understanding,  reafbn,  and  not  forgetting  the  nature  of  Alphonfi,  who 
 was  proud,  a  contemner  of  all  laws,  and  treacherous ,  they  proceeded  fo  farreasto 
 withdraw  thcmfelves  from  his  fubjeftion  by  proteftatioft  and  publikc  a&,  and  entred 
 into  a  league  with  the  King  of  Portugal!  ,  incenfing  him  to  take  up  Arms  for  their 
 defence:  Where  upon  King  Alphonfo  having  fome  feeling,  that  cruelty  was  too  vio- 
 lent remedy  for  men  that  were  Nobly  borne,  he  fought  by  all  mildeand  courteous 
 meanes  to  divide  them,  and  to  draw  fome  ofthem  to  his  fcrvice,  which  he  effected 
 and  fo  more eafily  conquered,  and  reduced  their  companions. 
 ib)  ?.™'niP  **      (!>)  *>*»- 1  ?37-  was  founded  the  Town  of  vflegria  ofDulanci ,  in  the  "Province 
 jpa*a>  .14^     Q£  j4javd)  an(j  nuny  Villages  thereabout,  the  which  obtained  from  the  King  the  pri» 
 viledges  and  Lawcs  of  the  Realm,  whereby  the  inhabitants  fhould  govern  themfclvcs, 
 With  libcrtie  to  C&ufe  ftefe  OUm  3^ge0. 
 (j)Gextni<l,of    rsyj)on  Pedro  the  firft,  kingofG*tf//*,furnamed  the  cruell,  moft  tyrannically 
 l^j'1  s6pi     murthering  and  poyfoning  divers  of  his  Nobles  andTubjcc'ts  without  caufe,banifhing 
 -  *      7  *      others,  quitting  Blanch  his  efpoufed  wife  within  three  dayes  after  his  marriage,  tol 
 enjoy  the  unchafte  love  .of Dokha  Maria  dePtdilla,  by  whom  hee  was  inchanted, 
 which  much  troubled  the  whole  Court;  divorcing  himfcJfe  without  colour ,  by  the 
 advice  onely  of  two  Bifhops,  without  the  'Popes  affent ,  from  Blanch,  and  marrying 
 lane  oiQaflro  in  her  life  time  5  Hanging  up  divers  BurgefTes  of  Toledo  caufl«fly,for 
 taking  the  Qaeens  part  too  openly,  and  among  others  a  Goldfmiths  fonne ,  who  oiR 
 fred  to  be  hanged  to  fave  his  fathers  life  y  caufing  his  own  brother  Don  Frederic^, 
 and  divers  Nobles  elfe  to  be  fuddenlyflain,  ^#00 13  5  8.  poyfoning  and  murdering, 
 likewife  divers  Noble  Ladies  ,   among  others  Don  Leonora  his  own  Aunt ;  after 
 which  i4nno\%6®.  he  murthering  two  more  of  his  own  brethren,  executing  divers 
 Clergy  men,  and  Knights  ofCaftile,  banifhing  the  Archbifhop  of  Toledo,  putting 
 divers  Jews  (  as  Samuel  Levy  his  High  Trcafurer ,  with  his  whole  family  )  to 
 death,  to  gain  their  Eftates,  and  caufing  his  own  Queen  Blanch  to  bepoyfbned  ,  after 
 flie  had  long  been  kept  prifbner  by  him.  Anno  136*0  Hereupon  his  cruelties,  ra- 
 pines and  murders  growing  exceffive,  and  the  Popes  Legat  denouncing  him  an  utter 
 Bnemy  toGod  and  man,  Henry  Earle  ofTranftamara,  his  brother,  with  other  Fugi- 
 tives .getting  aydc  from  the  King  of  i\fa^rr*,entrcd  Caftile  with  an  Army, where  by 
 she  Nobles  importunity  hetooke  upon  him  the  title  of  King  ofCaftile  and  Leen\ 
 <whfch  done;  the  whole  Kingdom  (long  oppreffed  with  P.  Pjdra  hisTyranny^imme- 
 
 «U*tdjv 
 
The  Solveraign  power  of  Parliaments  and  t\ingdomesm  7  c, 
 
 diately  revolted  from  him  Jo  that  in  few  dayes  Henry  found  himfclfc  King  of  t 
 mighty  great  Kingdom,  almeft  without  finking  ftroke,  the  people  flriving  who 
 ftould  firft  receive  him  ,  fuch  was  their  hatred  to  the  Tyrant  Tedro:  who  be- 
 ing doubtfull  what  to  doe,  fled  with  two  and  twenty  Ships  ouj  of  his  Realmc  to 
 Bayon,  craving  ayde  of  the  Englirti  to  reveft  him  in  his  Kingdom  ;  mean  time  king 
 Henry  aiTcmblingthc  EfatesziBurgon,  they  granted  him  the  tenth  penny  of  all  the 
 Merchandizctheyfkould  fell  in  the  Realm,  to  maintainethc  wanes  tgiinhTcdro  ; 
 who  getting  ayde  from  the  Englifh  upon  conditions,  accompanied  with  the  valiant 
 Black  *Princc  of  rVales  ,er\tred  with  a  greatArmy  into^/«,whcrc  the  Prince  writing  ■  Sec  Mr.  ttU 
 to  Henry ,  voluntarily  to  rcfign  the  Crown  to  Pedro  his  Brother,  to  avoyd  the  effufion  d(ni  l  ulcs  of 
 
 and  much  leffe  of  God,  falsifying  his  Oathes  and promtfes,  having  no  other  rule  in  bit  acti- 
 ons, but  his  Tyrannous  paffions.  Whereupon,  battcll  being  joy ncd,  Henry  was  conque- 
 red, and  Pedro  reftorcd  ;  But  hee  difcontcnting  the  EngJifb  and  others,  who  had  re- 
 flated him  in  his  Kingdome,  by  his  infoJcncy  and  Tyranny,  and  the  BtfcaMiers  refu- 
 ting to  be  under  the  command  of  itrangers,whom  they  would  never  conienc  to  be  put 
 in  pofleflion  of  their  Countrey;  and  withall  falling  to  his  former  cruelties,  and  ccur-   l)  l    l  '  * 
 fes  contrary  to  the  advice  of  his  friends  and  Aftrologcrs;  he  fo  eftranged  the  hearts  7    '/:  >-, 
 of  all  from  him^thattheEnglifh  returning,  and  Henry  receiving  new  forces  from  the  , 
 French,  entrcd  C4/?/7(f,fuddcnly,and  conquered  the  Tyrant;  who  being  betrayed  i&-/e&.u  ;'.  %. 
 to  King  Henry  his  hands  as  hec  was  taking  his  flight  by  night,  King/Z^rjitab-  "0   V^dil.  *. 
 bed  him   with  dagger  in  the  face,  and  at  laft  getting  him  under  him,  (lew  him  Gl0l'p" 
 with  his  dagger  for  his  excciTe  and  tyranny,  u4nrtoi$6$.  and  raigned  quietly  in  £.. 
 hisftced.  (/)*» 
 
 I  might  profecute  add  draw  down  the  Hiftories  of  all  the  Spanifh  KingsandKing-  o'mkj& 
 domes  from  hisdayes  till  Lhisprcfent,which  are  full  fraught  with  \  rcfidents  ofthis  na-  tim 
 ture,  to  prove  all  the  Kings  of  Spaine  inferiour  to  their  Kingdomes ,  AiTcmblics  of  the  EJ. 
 E{tates5Lawcs,rcfitikible,deprivablc  for  their  Tyrannyes;  but  becaufethofc  who  defe,,.^  a-'iu 
 fatisfaftjon  in  this  kinde,may  read  the  Hiftories  thcmfclves  more  largely  \n  the  general/  ( g  ) '  * 
 History  of  Spain,  in  Joannis  Ptfloritu,  his  HifpanU  Illnftrata,  (  where  all  their  chiefe  ■ 
 Hiftoriansare  collected  intofevcrall  volumnes.-)  and  in  Meteranus and  GrtmftonsHi-  &  6; 
 ftorics  ofthe  Netherlands^  I  fhall  for  brevity  fake  pretermit  them  altogether  ,conclu-  j^a" 
 ding  with  one  ortwo  bricfe  obfervations  more  touching  the  Gothtfh  and  j4rragonian 
 Kings  in  Spaine  ,  which  will  give  great  light  and  confirmation  to  the  premifes. 
 
 Firft, for  the  Antient  Kings  ofthe  <J  othtsiw  Spain/ ^Aimoiniiu^c)  and  Hngo  Gro-  {  v  )   Ot 
 tins  out  of  him,  confcfTc ;  that  they  received  the  Kingdom  from  the  people  ,  revocable  H,'-° 
 by  them  at  any  time;  and  that  the  people  might  depofe  them  as  often  as  they  dilplc 
 fed  them;  and  therefore  their  a6ts  might  be  refcinded  and  nulled  by  the  people  w 
 gavethem  only  a  revocable  power  :  which  the  premifed  Hiftories  experimental;  r$wn 
 
 evidence  :luch  likewilc  were  the  Kings  of  the  Vandales,  removable  at  the  peoples  plea-  <U  I  ftUt$ 
 fure  as  Pracopins  writes ;  fuch  the  Kings  of  the  '  e)Hem[ti(fJ  Quadi,  Iaz,,  J JJ 
 
 iardes,(h)  Bnr^undtans  (  i  )  Moldavians,  (l^)  Africans,  the  (/)  Moorcstn  Spaine,  G^ 
 
 the  (  w)  two  annuallKtn^s  of  Carthage  ,    thc(»)  antient  Germane  Kings  the  Kings  §j 
 Sparta,  and  moft  other  Kings  ofGreece}  as  Historians  and  Authors  of  belt  crcditr  relate,  n 
 
 Kk  »  Second 'y, 
 
7$  T  be  SoTperaigne  power  of  Parliaments  and  Kingdom*. 
 
 Secondly  .for  the  Kings  of  Arragon,  and  original!  constitution  of  the  Kingdom,  I 
 find  this  memorable patTagc  in  Huronymus  BUnca  his  Rt rum  Arragonenfium  C  omrnenm 
 tarimjag.  5  86. 5  87.  s  $ok&  7  2  -  .7  24.  in  the  third  Tom  ,of Ioannis  Piflortus  hhHtfpanU 
 illuftrat<zy  *  Sancho  the  fourth  King  of  Arragon  eying  without  iflue,  the  Eftares  and 
 ,  people advifing  together  what  courfe  they  fhould  take  for  their  fecurity  and  future 
 ,good  adminiftration  oftheCommon-weale,about  the  year  of  our  LordJ842.cle6hd 
 ,  twelve  principallmen  to  whom  they  committed  the  care  and  government  of  the 
 ,Republike  during  the  Inter-  regno*  u  Thefe  becaufe  they  were  very  ancient  men  , 
 5  were  called  Elders,  from  whence  thofe  who  by  birr  h  are  ftilcd  Rici-men,drew  their 
 j  original!;  And  this  manner  of  governing  the  Common-  wealth  continued  long  : 
 3  But  the  great  incurfions  of  the  zyfrabiantprcnmg  them,  they  imagined  it  would  noc 
 , continue  firme  and  ftable:Yctnotwithftanding,taken  with  the  fwectneiTeof  Liberty, 
 ,they  feared  to  fubjeel  them/elves  to  the  Enapire  of  one  man  ;  becaufe  verily  they  bc- 
 y  ieeved  that  fcrvitude  would  proceed  from  thence.  Therefore  having  considered  and 
 y  righdy  pondered  all  things, and  reafons,  they  made  this  thcrefult  of  all  their  Coun- 
 ,  iels;  that  they  fhould  confultwith  Pope  Adrian  the  fecond,  and  the  £0*?^?^ ; 
 ,  what  courfe  they  fhould  take  by  their  ad  vife,  which  fhould  be  moft  meet  for  the  per- 
 petuating of  the  Empire :  to  whom,  as  reports  goe,they  returned  this  anfwer.  That 
 ,  preordaining  certaine  Rights  and  Lawes,  ratified  with  the  previous  religion  of 
 ,a  cautionary  oath,  they  fhould  let  up  one  King  over  them;  but  yet  fhould  reject  a 
 3  forraign  Dominion;  and  that  they  fhould  take  heed,  that  he  whom  they  adopted  to 
 y  be  Xing,{hould  be  neither  of  the  fuperiours,norinferiours;  left, if  fuperiour.he  fhculd 
 ,opprefle  inferiours,  or  left,  if  inferiour,  hec  fhould  be  derided  by  fuperiours ;  To 
 ,  which  counlell  and  ientence  they  Submitting,  founded  that  ancient  Suprarbian 
 y  Court :  For  according  to  the  anfwer  given ,  all  decreed,  That  they  ought  to  cle<5t  one 
 3  unan  excelling  in  vertuefor  their  King;  But  yet,  left  the  plcafurcs  of  Kings  ,  like 
 ,  as  in  other  Princes, fhotaldlikewife even  among  us  become  Lawes,  they  firit  of  all 
 y  enadted  fomc  Lawes  by  which  they  might  hcalethis  inconvenience.  Thefe  Lawes 
 y  they  afterward  called  the  Supra  rbian  Court,  which  we  fhouid  largely  profecute,  I  ut 
 ,  through  the  injury  of  time,  the  knowledgeof  them  is  buried,  and  iorre  fragments  of 
 ,them  only  arc  extant,  obferved  by  Prince  Charles  himfelfc,  and  feme  other 
 ,  Writers,  which  weihall  verily  remember;  becaulethey  are  as  the  firft  elements  of 
 y  cur  Republikejand  containc  in  them,  the  intiitucion  of  the  Magiftratc  of  the  Iuftice  of 
 y  Arragon,  which  is  the  chicfe  thing  of  our  inftitution ;  therefore  in  the  beginning  of 
 y  that  Court  it  was  provided,that  the  King  which  fhould  be,  ftnee  the  Kingdom,lately 
 ,  takers  from  the  {JWoores>  was  freely  and  voluntarily  conferred  on  him,  fhould  be 
 ,  bound  both  by  the  Religion  of  a  •  Oath,  as  likewiic  by  the  force  and  power  of 
 ,Lawes,toobiervc  the  Lawes  and  Liberties  of  the  Kingdom;  Now  the  Lawes  were 
 5  thefe, 
 
 Governs  then  the  Kingdome  in  peace  andrighteoufnejfe  3  and  give  pu  better  Court* 'of 
 jttftice. 
 
 The  things  which  JhaH  bee  gained  from  the  Moores,  let  them  be  devidednot  only  be. 
 tween  the  Rici-meny  but  likewife  between  the  fouldters  and  itfantry  %  but  let  a  fir  anger 
 receive  nothing  from  thence. 
 
 Let  it  bee  unlaw  full  {or  a  wicked  aft)  for  the  King  to  enatl Lawes,  unlejfe  it  be  by 
 the  advtce  of  hit  Subjetlf  firfi  given, 
 
 L«t 
 
The SoJurajgnepo^er of  Parliaments  and  Ifygdomr.  77 
 
 Let  the  King  bewar*  ,  th.:t  he  begin  no  U  arre ,  that  he  enter  into  no  I  elude  no 
 
 t ,    or  handle  aty  other  thing  of  great  moment,  without  the  cose:,  rrino  ojfeti  t  "  tii 
 Elders. 
 
 Now  left  that  onr  Lawes  or  Liberties fnaldfxfer  any  d>  trimentj^et  there  be  a  certain 
 middle  Judge  at  hand,  to  whom  it  may  be  law  full  to  ai  peal  from  the  Ktng,  tfhefha/l  wrong 
 anyone,  and  who  may  repell  injuries ,  if  peradventnre  he  fall  offer  any  to  the  Common* 
 weale, 
 
 ,  With  the'e  Lawes  therefore  and  lanclions,  thofe  our  AnctPrors  confirmed  the  en- 
 ,  terpi ife  of  new  moulding  an  J  reforming  the  Common-wealth  :  But  verily  th:s  was 
 ,  thechiefcltgarifonfortorctaincthctr  liberty,  whereby  they  ordained  the  ^rcf.dcnt- 
 ,fhipcf  a  middle  Iudge;  placing  the  power  in  fuch  f  ;rr  in  the  King,  that  the  tcm- 
 ,  perating  of  it  fhou'd  be  in  the  middle  Iudge  :  out  of  which  thing«,the  moderate  and 
 ,  muficall  (tare  oftheCommon-weale  which  wcenjoy,  is  moulded  and  made  up.  Foi 
 3  from  the  veiy  beginning  of  things  even  to  thefe  later  times ,  wee  fee  by  force  of  this 
 ,  intermediate  Magiftrare,  and  by  the  goodneife  and  clemency  of  mo:t  p-accab!c 
 ,  Kings,  that  both  our  priitinc  liberty,  and  ancient  Priviledgc  hath  been  alwayei  re- 
 gained, and  due  loyalty  and  reverence  to  the  Kings  Majefly,obferved  :  Neither  hath 
 ,  theKingdome  onely  emplored  the  help  of  this  Magiltrate  againlt  Kings,  but  the 
 , Kings  themfeJvcs  oft-times  againft  the  Kingdomc;by  which  mcancs,  many  interline 
 ,  evils  have  been  appealed  without  any  tumult,  which  unlefTc  they  had  been  civilly 
 ffupprelTcd,  feemed  verily  to  have  been  hke'y  to  have  broken  out  to  the  common  dc- 
 ,  ftrudtionofallmenjfoaswemiy  rightly  afrirm,that  in  this  alone,thcfummc  of  pre- 
 serving civili concord  both  to  Kings  and  theKingdomc  hath  confilicd. This  Magi- 
 ,  flratcwasatfint  calhd  THE  IUSTICE  MAJOR;  afterwards  afluming 
 ,  the  name  of  the  Kmgdomc  ic  fclfc,  ic  was  called  THE  IUSTICE  OF 
 ,ARAGON  :  By  thefe  (formentioned)  preferred  Lawes,  the  will  of  him  who 
 ,dciircd  to  be  King  ofosfragon,  was  wholy  to  bee  directed  and  formed  •  anei  umefle 
 ,hc  would  firft  fuffcr  his  faith  to  bee  obliged  in  mofi  ftrick  bonds  for  keep  rg  of 
 ,  them,  any  futurefoliciting  wastobeprepolicrous.  Having  therefore  laid  the  foun- 
 y  dations  of  their  Countrcys  liberty,  all  of  them  began  tod  ifputc  among  thcmfelves 
 ,  about  electing  a  King  :  to  which  end  ,  they  all  aflemblcd  together  at  Arthvefl  to 
 ,chufcaKing;  where  they  were  fuddonly  bcfleged  by  the  Arabians-,  which  Junicsu  A- 
 ,  rifta  King  of  the  Pompelomans  hearing  of,  came  with  an  Army  and  refcurd  them  ; 
 ,  whereupon  they  elccfted  him  for  their  King  with  unanimous  content,  and  calling 
 ,  him  unto  them,  fhewed  him  the  Lawes  they  had  pre-cftablifhed  ;  one  whercof,cnn- 
 ,  cermng  the  middle  MagiHrate,  teemed  molt  hard  unto  him  :  But  having  more  dcli- 
 ,  gently  confidered  the  matter  ,  and  that  they  voluntarily  offered  him  the  Kingdome 
 , gained  from  the  enemies;  Hee  not  only  ratified  the  Lawes  themfclvcs,  buthkewifc  %Sieontfi 
 ,  addcdthisncwLaw,  or  priviledge  to  them  :  *  That  if  the  Kingdome  jhould  haffi 
 ,  hereafter  to  bee  opprefed  by  him  agatnft  the  \L  A  W€ S%    (  luftice  )  or  Liberties,  •  ft 
 
 %the  Kmgdome  it  felfefhouldhave  free  liberty  to  eleel  another  Ktng  ,  whether  a  Chri  -  '** 
 
 y  f  itn  or  an  Infidell  1  which  claufe  of  an  Jnfidell  King,  they  refufed  to  have  be- 
 ,  flowed  on  them,  becautethey  judged  it  fliamefull  and  difhonourablc  :  Arnr  which  mi 
 %  Tunicas  taking  an  oath  to  obferve  the  former  Lawes,  was  advanced  to  the  Throne 
 ,and  made  King  of  dragon  about  the  year  863.  Moreover,  rocflablifh  aJltl     -     ' 
 >  Lawes  and  Conilitutions,  our  Anccftors  themfclvcs  adjoyncd  the  acccflicn  of  a 
 
 K  k  *  ,rubhkc 
 
78  The  Soyeraigne  power  of  Parliaments  and  Kingdoms. 
 
 ,publikc  Vnion;  ordaining,  thac  it  fhould  be  lawful!  and  ji  ft  for  them,  to  meet  all 
 .together,  ET  REGI  OBSISTERE  ARM1S  ET  VI,  and  to  re fi ft  the  King 
 ,  with  arrnes  and  force,  as  cfc  as  there  fhould  be  need  to  propulfe  any  afTauk  of  him 
 ,orhis,madeagainft  the  Lawes >  which  form  of  afTernbling  together  forthe  com- 
 ,  mon  caufe  of  liberty>they  called  a  Vnion, (or  Affociation: ) Neither  did  they  ancient- 
 5  ly  leffe  think  all  their  Liberties  to  be  preferred  by  this  Vnion,  then  humane  bodies 
 ,  ttamfclvs  are  by  nervs  and  bones.  And  although  it  were  not  prefcribed  in  that  Su- 
 ,  prarbian  Forum,  yet  they  thought  it  deduced  from  the  very  beginnings  of  things, 
 ,and  deeply  fixed  andimprcfTed  inthcfenfeofallmcn,  and  to  be  cliablifhed  by  our 
 ,  common  Law,  as  by  another  Law  of  Nature,  and  that  its  force  was  enough  and 
 ,  more  then  fufficiently  known  and  difecrned  by  ufe  and  reafon.  For  they  fa  id,  it 
 ,  would  be  but  a  thing  of  little  profit  for  them,  to  have  good  Lawes  watted  y  and  the 
 ,  very  IudiciarjPrefidentJhip  of  a  middle  Iudge,  if  when  there  jhould be  needt  AT)  E  A* 
 9KFM  DEFENSlOT^EM  ^T^MA  CAPSRE  NON  LICERST,  cum 
 y  jam  tunc  fatu  nonejfet pugnare  confilU'ts  ;  it  fhould  not  be  lawfuHfor them to  take up 
 ,  tsfrmesin  their  defence ,  when  as  then  it  would  notbefnffiaent  infuch  a  cafe  to  fight 
 ,mth  C out* fells. 
 
 Neither  verily  did  that  feem  altogether  impertinent  from  thcmatter,fcr  if  it  fliouldbe  ' 
 ,  fo,  all  things  long  ere  this  had  been  in  the  power  of  Kings  themfelves.  Whence  our 
 ,  people  reputed  thefe  two  priviledgesofthe  Union  obtained  from  zAlphonfo  the  3. 
 CASee  imms    >  ( ro  wity(r)That  itfbalbe  lawfuU  for  the  Ejiates  cftheRealmyi;  the  King  [hall  violate 
 
 tULaetRifiun.  >the Lawesofthe  Countrey ,  SEo  create  a netoffctnginbts place  ;  ano  tsitljotu  t%t 
 
 Defir.p  C.5.P,    jCtirHeofSLreafOtl,  to  mnke  confederacies  among  themfelves y  and  with  Neighbour 
 l07*  9  Princes  SDDetJgfenO  t^eit  ILtbett^  ;  which  King  Ferdinand,  upon  the  pecitiunofthe 
 
 ^Cafliliansy  refufedto  revoke,  beeaufehe  had  taken  afolem^Oath  to  obferve  them.) 
 ,  not  as  new  favours  or  benefits,  but  as  things  done  out  of  Office,  &c.  Therefore  in 
 ,  thefe  ancient  Rulers  of  which  we  treat,  the  Liberty  of  our  Country  was  hedged  a- 
 ,  bout  by  our  Anceftors  with  three  moft  ftrong  fences ;  namely,  with  the  Prefecture 
 ,  of  this  middle  Iudge,with  the  moft  ample  powrer  of  the  \R^ci-men  (or  Palatines)  and 
 ,  with  this  moft  fierce  force  of  the  Vnionjof  which  the  firli  feemed  to  be  Legal  and  ciJ 
 j  vill ;  the  other  domefticall  and  of  grcatcft  moment  5  the  laft  warlike  3nd  popular. 
 3  Neither  ought  it  then  to  be  inclofedwith  a  letter  hedge^hat  lb  we  might  reioyce,that 
 ,it  hath  therby  comefafe&  found  to  us  now.Butot  thefe  garrifens  or  fences  the  anc>- 
 ,  ent  inventcrs  oftfoem,  and  thofe  who  next  fuceeeded  them,conferred  more  afliftancc 
 ,  and  labour  upon  the  two  laft,  namely  the  domeftick  and  popular,then  on  that  Court 
 if)  ?Ak  ^4»    '  pre(idcntft»ip :  For  they  would  al  way  es  retain  in  themfelves  a  power  of  moderating 
 *6UM7»7>6>  ,  and  governing  the  moft  loofe  rcines  of  the  Roy  all  Dignity,  which  they  might  re. 
 {°  ^i2*  ,  ftrain  or  enlarge  as  there  was  need.f/)Thci  fore  they  amgncd  thofe  1 2  elders  to  him 
 
 y  ck&cd  out  of  the  greatcft  men,  by  whofe  Counfels  the  Kings  ought  to  be  hedged  in 
 ,oncvery  fide:  the  place  ot  which  Eiders,  the  ^ci-men  afterwards  poflefled;  who 
 ,  were  the  chiefc  of  our  Nobles;  who  in  times  paft  were  fecond  to  the  Kings  infuch 
 ,fort,  that  they  might  feem  to  be  their  Peers  and  Companions  ThefecaUed  that  pub- 
 jiike  union  to  theayde  of  Liberty,  and  out  of  them  were  c-hofcn  thofe  who  fhould  al 
 ,wayes  be  the  prime  and  principallconfervatorsofic:  for  thus  they  called  the  prefi- 
 ?  dents  of  the  Vnion.  Finally,  they  fuftained  on  their  necks  all  the  Offices  and  bur- 
 dens of  peace  and  wane,  if  not  with  the  fame  power  as  the  Kings,  yet  I  may  trul 
 
 ,fa 
 
The  SoTpcraigncpoVer  of  Parliaments  and  Z\ingdom-s.  79 
 
 ,fay  with  very  little  leflc;  for  the  R%ci-men>  as  Jong  as  they  fiouriihed,  relying  on  die 
 ,  Forces  of  the  Vmon,  did  alwayes  hover  over  the  Koyail  Empire,  and  by  the  intire 
 ,  power  of chcir offices, if  thcviolcncc  or  aflanlts  ot  Kings  were  unjuft,  did  from  in- 
 
 •  ordinate  reduce  them  inco  order,  and  as  it  were  into  a  circle  of  Law  and  lattice.  In 
 >  which  thing  vet  ily  their  grave  cenforious  and  domefticall  authority  had  fufficient 
 ^ightand  moment  with  our  ancient  Kings,  who  ve^cwel  mannered  :  but  if  pcrad- 
 ,  venture  they  could  not  with  their  fitting  counlcls  bridle  the  exulting  roynll  For- 
 ,  ces,  they  did  oonftantly  rcpell  them  from  their  necks  with  the  force  of  the  railed  V- 
 ,nion.  Thus  and  much  more  this  Spanifli  Author,  in  whom  you  may  read  atlarg* 
 ,  the  Power  and  Authority  of  the  Iufticc  of  *sfrragon%of  the  Generail  A(fembly  of  the 
 ,  Eft ate s  or  Parliaments  of  that  Kingdom,  of  their  Rut  men,  Peerest  Magistrates , 
 j  t  entice/tors  y  andtnloannis  de  L*et.  his  Defer iptio  Hijpama,  cap.],  cite,  loannte 
 ,  Atari.  &ndT>e Rebus  Htfp.t.$.c.l.&  Gen.hijl. of  SpMn,ltij. p.  61%. 
 
 To  which  1  fhall  onely  addc  this  moft  notable  cuftome  and  ceremony  ufed  it  the 
 Coronation  of  the  Kings  of  *s4rragon,  recorded  (a)  by  Jumu4  Brutus,  (r)  Fran-  (0  -Si"/*.}.  /. 
 cifcus  HotomanuSy  and  others.  The  tArrogonians  when  .is  they  create  and  crown  l6ll1'*'     , 
 s  thcif  King  in  the  Aflembly  oftheEftatcs  for  Parliament,)  ol\Arragon%  to  put  the  £ifTf«v£ 
 ,  King  in  mind,  that  the  Lawes,  the  Iufticeof  Arragon,  and  Aflembly  of  Ertitesare  ve  iurt  MmfU 
 ,  above  him,  act  a  kind  oiThy  that  he  may  remember  it  the  better ;  they  bring  in  a  to  friiitoi,  /', 
 
 man  on  whom  they  impofc  the  name  of  the  Iufticeof  Arr  agon  t  whom  by  the  com-  l8  r»l83* 
 ,  mon  Decree  of  the  people,  they  enacl  to  be  greater  and  more  powerfull  then  the  Kingl 
 ,  to  whom, fitting  in  an  higher  place,  they  make  the  Xing  doe  homage  -f  and  then  ha- 
 ving created  the  King  upon  certain  Lawes  and  conditions,  theyfpeake  unto  him  in 
 thefe  words  ,  which  (hew  the  Excellent  and  lingular  fortitude  of  that  Nation  in 
 ^bridling  their  Kings:  2{OS  Stpl  VALEMOS  TANTO  COME  VOS ,  T 
 ifiODEMOS  UlfAS    <£OE  VOS,    VOS   ELEGlMOS    RET,  CON  EST 
 
 •  AS  T  EST  AS    CONDITIONES    I^rTRA  VOS   T  7^J)S    VN  £f'E 
 
 •  kJMAFIDA  MAS  gVE  VOS  i  that  is,  We  who  are  as  great  a*  you  y  and 
 are  able  to  doe  more  then  you ,  have  chofenyou  King  upon  thefe  and  thefe  conditions  : 
 Between  you  and  tts  there  is  one  greater  in  command  then  you  ;    to  wit,  the  Iuftice  of 
 
 ^%/irragon;  Which  Ceremony  (left  the King fh~>uld  forget  it)  is  every  three  yeares 
 repeated  in  the  Gcnerall  Aflfcmbiy  of  the  S:atcs  of  Arragon\  which  Aflembly  the 
 King  is  bound  by  Law  to  affemble,*/  bei.gap.xrt  of  the  very  Law  of  Nations  y  which 
 ,  facred  Liberty  of Parliaments,  and  Affcmilies  if any  King*  by  eviU  arts  refrain  or 
 fuppreffe,  as  violaters  of  the  Law  of 'Nat ions ,  and  void  of  humane  Society,  they  are  no 
 moreto  bereputed Kings,  b*tTyraxts3zs  Hotomanhmct  determines. 
 
 I  have  now  given  y  u  Tome  what  an  over,  large  account  of  the  two/Jgrcateft  and  c)sceMr.stl- 
 .moft  abfolute  hereditary  Kings  in  Chriftendom,  France  2nd  Spain^nd  proved  them  dens  Title!  of 
 to  be  infeiiour  to  their  Lawes,  Parliaments,  Kingdomes,  People,  out  of  their  owne  ST/J^/i 
 Authors  and  Hiftorrans  •,  in  which  points,  if  any  defirc  further  fatisfa<5tiou,  I  fhall  j?^  '^'lj 
 advife  them  to  read  but  Junius  Brutus  hu  Vmdtci*  (fontra  T)r.tnnosy  Be  jure  <JMagi- 
 firatus  in     ubditos,  and  Francifci  Hotomani  his  Franco-Gallta;  and  Controverf 
 Illufi.  for  France  \Ioannis  Maritna,  deRege  &  Re  gum  Inftit.  I.  \    with  his  Hifiory 
 of  Spam  t  HteronimusBlanca,  Rerum  lArragoncnfium  Comment arim ^Ioannts  ce  L  > 
 et  HifpanUdefcrip, e.^&  V*fc\*tns{ontr\  tlluft.for  Spain,  atcheir  leiiure,  anc"  *h?n 
 bcth  their  judgements  and  confdcnccs  WU1  be  abundantly  fati^ficd  hcrcin« 
 
 Khali. 
 
8o' 
 
 The  Sobctaign  po  wr  of  Parliaments  and  Kingdoms, 
 
 (y)Common- 
 wedyl  i. co. 
 
 (x)Kerum  Vn~ 
 gatica  urn 
 Scriptores, 
 Uicbokm  ifl- 
 huanfitsdenc- 
 bMVngam. 
 
 §S -bodin.de 
 Rep J.i  *c  10* 
 
 Eenfaw-y  De. 
 caiesrcrum 
 Vngar  car  urn, 
 Munft.Co'wog. 
 
 faj  Hungary, 
 
 liieM-gifti. 
 '*.  Siibiilos. 
 
 Ifhailnow  very  curforily  run  over  other  forraignc  Kings  and  Kingdoms  of  lefc 
 power  and  Soveraignty  with  as  much  brevity  as  may  be. 
 
 For  the  Kings  of  Hungary ',  Bohemia,  Poland,  Denmark**  Sweden,  as  they  have  been 
 ufualJy,  and  are  at  this  day  for  the  moftpart,not  hereditary,  but  mcerJy  eJJcc~tive  by 
 theNobJcs  and  people ;  (o  their  Lawes,which  they  take  an  Oath  inviolably  to  obferve, 
 and  their  Parliaments,  Nobles  y  people,  are  in  Soveraignt  power  and  jurifditlion  parar 
 mount  them \.as much  almofi (if [not  altogether)  at  the  State  of  Venice  is  above  their 
 Duke,  orthe  States  of  the  Low  Countries fuperiour  to  the  Prince  of  Orange ;  and  may 
 uponjuit  cccafion  not  onely  forcibly  refift  them  with  Arms ,  but  likewifc  depofe 
 (if  not  adjudge  them  unto  death)for  their  Tyranny ,as^)  /ohnBodin,  the  Eiftorjes 
 o f Hungary ^Poland, BohemHa ,'Denmarke, Sweden ,  Junius  Brutus \De  lure  LMagiftrti- 
 tH4  in  Subditps^Mnnfter  tn  his  Cofmography,  and  thole  who  have  compiled  the  Repub- 
 lics of  thefc  Reaimcs  arreft  ;  who  further  evidence,  that  moft  ofthefe  Realms  have 
 lbmctimcs  elected  them  Kings3  other  times  onely  Dukes,  and  made  their  republikes, 
 Principalitis,  Dukedoms  or  Kingdoms  at  their  pleafure.  To  give  onely  fomc  bricfc 
 touches  concerning  thefc  Realmes  and  their  Kings. 
 
 Hungary. 
 
 TH  e  K  i  ngs  of  Hungary  are  meer/y  cleft  ive  by  the  Statps  and  Senators ,  in  their  Parlia- 
 ments or  affemblies  of  the  Sfiates,  without  whom  they  cap  neither  make  Lawes,  im~ 
 pofe  Taxes,  leavie  Warre^nor  conclude  Peace ;   and  the  grand  Officer  of  the  Realme ,  to 
 wit  the  great  Palatine  of  Hungary  (who  hath  the  chtefe  Command  both  in  Peace  and 
 TT arre,  and  power  to  judge  the  King  Htmflfe  infome  cafs  )  is  elsfted  onely  in  and  by 
 their  Parliaments 3zsth^  (xjMaToinzli  Writers  ma nifeft  at  largf.   For  their  Realms 
 and  peoples  deportment  towards  their  ill  Kings  ffincc  they  became  Chrifiians)w hen 
 they  have  degenerated  into  Tyrants,  and  oihewife  mifdemeaned  themfclves ;  take 
 this  briefe  Epitome.     Jeter  thcfecondChrilHanKingof  Hungary  ,  growing  very  in- 
 folent,  Tyrannicall,  and  lafcivious,  ravifliing  maids,matrcn$ ,  in  the  thi  d  year  ofhis 
 reign  all  the  Nobles  and  people  thereupon  confpinng  together,  depefed  and  banifhed 
 him  the  Realme  t  electing  Mb  a-  in  his  place  ;  who  growing  more  infoient  and  Tyran- 
 ,  nicallthen  Petcr^Y/is  in  the  third  year  of  his  reign  flaine  in  wane,  and  Peter  rcfto- 
 red  to  the  Crown  :  who  proceeding  in  his  tyrannies,  facriledgr,  and  cruelty,  he  was 
 the  third  year  after  his  refritution,  taken  prifoner  by  his  fubjetits,  his  eyes  put  our,  and 
 imprifbned  tillhe  dy<d.     Solomon  the  fife  King  of  Hungary,    was   twice   depofed 
 and  thruft  out  of  his  Kingdom, firft  by  King  Be/a,  next  by  King  (jyfa,  ch&cd  Kings 
 by  the  peoples  generailconfnt  and  acclamation;  after  whofc  death  the  Hungarians 
 rtfufcdto  revere  So/omon,  andele*  tdLadiflaus  for  their  King  ;  whereupon  Solomon 
 became  an  Kermite,and  fo  dyed.  Ladiflans  dying,left  two  fons,  Almus  the  younger, 
 whom  they  elected  K'ng  and  Coleman  the  elderf,to  whom  Almus  out  of  simplicity  fur- 
 rendred  the  C  rown,  becaufe  he  was  the  elder  brother,  whom  he  would  not  deprive 
 of  his  primogeniture;  but  repenting  afterwards,   by  the. irrigation  of  fomeof  his, 
 friends,  he  raifed  warreagaintt  his  brother;  But  the  Hungarians  to  prevent  a  civiJI 
 warre  andefTufion  of  blood,  DE*'  REED,  that  thefe  two  brethren  jhould  fight  it  out 
 betweenthem  in  afingle  dueUy  and  he  who  conquered  in  the  due  11^  hey  would  repute  their 
 King  i  Which  GombatcC^w^  being  pur bJinde,  lame  and  crookback'd,  rcfu  fed; 
 
 after 
 
7  he  Soveratgnt  Power  of  Parliaments  and  Ktngdomls.  8 1 
 
 Ithn  de  T\fw  ■ 
 
 after  which  CV<?w4«  treacherously  furprilinghis  brother  ^/r*/£*,contrary  to  agree- 
 ment, put  out  his  and  TStU  his  fonncs  eyes,  and  thruft  rhem  into  a  Monastery, 
 King  Stephen  the  (ccond  (onnc  of  Celom  *nt  rcfaling  to  marry  a  wife,  and  follow- 
 iag  Harlots,  the  Barons  and  Nobles  grieving  at  the  dcfolation  of  the  Kingdoms, 
 provided  him  a  wife  of  a  Noble  family ,and  caufed  him  to  tr.arry  her.  Alter  which 
 making  a  war  to  zidDui^Be^n  z  without  hit.  Ncblcs  confcnt: in  which?  cx.en  was 
 flainc:  the  Nobles  of /^^^r/aflcmblingthcmlclvcs  together  in  C  ounce]],  fayd:  r£T  ^i/r^Tr 
 H^hy^ndwherefore  dye  rve  f  tf  we  flail  chime  the  Ltn^dorxe,  which  of  us  will  tie  cbnn.  c,$t 
 King  make  Dmkc  ?  therefore  let  it  he  die  reed  that  nore  of  us  nill  iffau  't  the  CaJU,  p-7 1 . 
 *ndp>l*t  Hi  tell  the  King>V>itto\tt  IjC&Qtt)  all  tfctS  UtfttjOUt  tfce  CoUtUfll  cf  ttfS 
 j&oblf*:  They  did  fo,and  added  farther >  that  ij  he  vtottld  ajfault  the  fifth,  he  fhould 
 doe*  aU*e; butw: (Uy they )  xi!l  ret*rneu»:o  Hungary  and  ctjufc  anotljtr  i^ltig*. 
 Whereupon,  I5p  tlje  CommanD  6f  t\)Z  P;inCC5,  tie  Herauldr  procla  m'd  tn  the 
 Tents  tTh*t  all  the  Hunger  am  fronld  ffftd  Ij  returnc  *xto  Hungary  ;  whercforo 
 the  King  when  he  taw  himtclfe  juftly  defcrted  of  his  fubjccls  aydc,  returned  into 
 Hungary.  Stephen  the  third  comming  to  the  Crownc,  did  nothing  without  th« 
 Authorise  and  advifc  of  the  Senate,  Stephen  the  fourth  fonnc  of  Bel*  ufurping  the 
 Crownc,  was  foone  after  expelled  the  Kingdcme.  Emercus  being  clcded  King, 
 was  very  likely  to  be  depriuedby  the  Nobles  and  people  for  his  floathfulniflc, 
 but  that  he  appcafed  them  with  good  words  and  premifes.  King  Andrew  going 
 to  Jerufalemhh  Q\x:cnc>EHzalrfth,  in  the  meanc  time  delivered  the  Wife  of  'Ban- 
 cbtuz  Nobleman,  being  very  bcautifull  to  her  brother  who  dcated  on  hcr,to  be 
 abufed,  which  TSauchm  hearing  of,  flew  the  Qu;enc  :  the  King  upon  his  returnc 
 examining  this  bufincffcacquittcd  Bauchan,  and  judged  hermurther  juft,  being 
 for ib  lewd  a  fad.  Ladiflaus  the  fourth,  giving  himieifc  to  all  cfTxrr.inacy,li:xury, 
 and  Harlots,  became  odious  to  his  Barons,  Nobles,  People,  for  which  he  was  ex- 
 communicated by  Firmanus  the  Pcpes  Legat,  that  he  might  live  Chriftianly  and 
 Chaltly;  but  he  reforming  not,  was  foone  after  (in  the  yccreu^oj  flainc  by  the 
 (fumanszrA  hisKingdome  infcftcdwith  civil!  warres.  M«rj  the  daughter  of 
 K.  Lmt%  being  received  as  eocene  by  the  Hungarians  for  her  fathers  merits,  after 
 his  deccafc,  being  yet  young,  w?s  married  to  Stgf***dt  who  was  admi'.tecl  into 
 partncrQnp  in  the  government  of  the  Realme,  and  being  governed  by  her  mother 
 and  Nicholas  de  gara,  who  peri  waded  them  to  carry  a  Uriel  hand  over  the  No- 
 bles of  the  Realme,  which  they  did :  thereupon  the  Nobles  feeing  themf  elves  dc- 
 fpifcd,fent  for  Charles  King  of  Naples  into  Hungarv^orccd  M>.ry  and  her  Mother 
 to  refignc  their  rights  to  the  Crowue,  and  crowned  Ch-.rlej  King  at  JlbaRegalir. 
 When  he  was  crowned  the  Bifliop of  Stngonium,  according  tothc  cultome,  de- 
 manded of  the  people  thrice,  with  alowd  voyce;  sahcthcr  it  lucre  tljcir  plcafure 
 t!)atC[Jarle«lI)OUlDbecrotoncD!^tngr,  whoanfwercd,Yes:  which  done  he  was 
 crowned,  and (oonc after  murthcrcd  by  thctwo  Queenes  treachery;  Who  were 
 (hortly  after  taken  prifoncrsby  Lhnde  Hor>;achi  govcrnour  of  Croatia *  the  Qu:cn 
 Mother  Elizabeth  drowned,  Queen  Maty  kept  prifoncr,  and  at  lat  relcafcd  upon 
 oath  givcn,not  to  revenge  her  Mothers  death  :  who  contrary  to  her  oath  caufcd 
 Hornaeh,  and  32.  Nobles  nore  to  be  beheaded  by  Sigifycnd  her  husband,  whofc 
 kindred  and  children  thereupon  confpircd  againft  Kiog  S%ftfmmil  rooke  and 
 detained  him  prifoncr  Anno  1401. till  they  mould  pre  cecdc  further  againft  him, 
 -  -*  -    r   LI  ir.d 
 
8  z  7  he  Soveraigne  Power  of  Parliaments  and  Kingdomes. 
 
 and  in  the  mcanc  time  the  Nobles  of  Hungary  cX^zd  Ladiflaus  King  of  jtfuli* 
 for  their  King,  and  at  Iaft  depofed  Sigtfmond  for  his  mifgovernuicnt,  cruelty,  love 
 of  women.  After  a  Sijfmonds  death,  the  Nobles  and  people  were  divided  in  the 
 *5ee  Grin-  choifc of  their  King;  one  part  electing  and  downing  VUdiJiatu  King  of  Toland* 
 all  H-ftory  p"  the  other  party  Ladiflaus  an  infant,  for  their  King  :  but  VUdipns  his  party  pre- 
 lo6  Qbytr*-  vailing,  he  was  not  long  after  flainc  in  a  battle  againft  the  Turkcs;  and  the  govern- 
 us  cbronSAX-  ment  of  the  Rcalme  committed  to  that  Noble  Souldicr  Hun>ades,dutir>g  the  Mino- 
 •«i*.  rity  of  Ladiflaus  >  who  at  his  ripe  age,  was  received  and  declared  King  by  all  the 
 
 Hungarians.  Ladiflaus  deceafing,thc  Hungarians  clc&ed  the  Empcrour  Frederick^ 
 King,  who  delaying  *o  come  and  take  the  election, they  thereupon  chofc  Mathias 
 King,  who  enjoyed  the  dignity,  notwichftanding  the  Ernpcrours  oppofition. 
 b  Grimfton       Juno.  1 do  8.  Matloias  King  of  Hungary  denyed  the  Protcftants  in  b  tAnftri*  free 
 imp.Hiftf:      excrcife  of  their  Religion,  they  thereupon  were  forced  to  take  up  Armes,  and  af- 
 7\°*7iu       fembling  together  at  Home  made  a  Proteftation,  and  fent  to  the  States  of  Hungary 
 requiring  them  to  aflift  them  with  the  fuccours  that  were  promifed  by  the  ofFcnfive 
 and  defensive  league :  after  which  they  obtained  a  peace,  and  part  of  what  they 
 'Grim*?  7*9  demanded. c  Anno  161  p  In  an  AfTembly  of  the  Eftatesof  Hungary,  thedifTeren- 
 ■*  ccs  concerning  the  defence  and  Militia  in  the  borders  of  Hungary  againft  the 
 
 A.nT'm  p<748#  Turks  were  ordered  and  fctled.  And  dJn.  1 618.  After  many  flow  proceedingSjthcy 
 '   clc&ed  Ferdinand  of  Bohemia  for  their  King  of  Hung  \rj\  bat  U3ttfj  t^efe  CCntHfl0n$j 
 €  That  he  (hould  Religioufly  obferve,  and  cm  e  to  be  immovably  obferved  all  the 
 €  Liberties, Immunities,  Priviledges,  Statut.-s,  Rights  and  Cuftomcs  of  the  King- 
 c  dome,  with  the  Conclufions  and  Treaties  ot  Vienna,  snd  all  the  Articles  compre- 
 hended therein,  and  all  other  concluded  both  before  and  after  the  Coronation  of 
 •  Saxagraum  * tnc  Ernpcrours  Ma/e(tie,  in  the  yeares  1608.  and  i6op.  Which  Articles  being 
 ticuA  'Daniel  c  ratified  by  the  Empcrour  under  his  Letters  Patents,  they  proceeded  to  the  Corp- 
 Hj/f./«8.p.  140*  nation, according co  the  accuftomed  manner.  Such  is  the  S ovcraigne  power  of  the 
 '  States  of  Hungary  to  this  very  day.  And  in  one  word,(o  odious  were c  Tyrants  an- 
 -  cicntly  to  the  Slavonians  and  Hungarians  ,th&t  by  a  publick  Law  of  their  Anccflors, 
 c  he  who  flew  a  Tyrannicall  King,  was  to  iucceedc  him  in  the  Kingdom* 
 
 Bohemia. 
 
 For  the  Kings  and  Kingdome  of  Bohemia,  CM,  faulm  Strands  in  his  Ref- 
 <fubltcaBolem:a.  c.$  &  12.  ijflformesusoutof  the  Eunda.i  entail  Lawes  of  IfthcmU 
 **€«  Birthol-  " e  Tnac  tne  power  of  the  Kings  o  Bo  emia  who  arc  Elected  by  the  gencrall  Votes. 
 dm  Pontanm  *  of  the  States,  is  fo  farre  rcftrained  in  that  Rcalme,  that  they  can  determine  nothing 
 Bobemitpi*  I.  «  concerning  the  Kingdome  or sreat  Affaires  of  the  Rcalrne,but  in  their  Parliaments, 
 G^-Hf  c  °r  8encra11  A^caQbl:cs  of  the  Eiratcs,.by  the  gencrall  confentofthc  people;  which 
 Mm™tqi£  c  arc  Su[Tltaonecl  bv che  king  himfelfand  hcldrjuft  like  our  P  irliaments  jin  the  kings, 
 m%   c   '    r  «  Regency, and  during  the  Interregnum  by  the  Senate  of  the  Realmc,  as  often  as, 
 « there isoccafion; there bcingthiscla  fetnthc  Writ  of  Summons*  That  whether: 
 •all  thofe  wh  d  are  fb  n  noied  coti?  at  the  day  or  n  >t,  the  k'n^  wi-h  thofe  who  ap- 
 «psa  e,  will  proceeds  decree  w='atfluUie  jVHiJb  ncfcalt  for  the  Re  ubiicke,, 
 <audtha:c?tofe  vho  ne.^l:  \  rojppaue  (halt  be  b xui thereby;  ill  Lawes  and  Y^s 
 ^rccbsfcinp^iVp^S^c^iifeat.  Hie .kiag caan ot  alienor  mjrgagcany  ot 
 
 the; 
 
J 
 
 The  Sovcrdigtic  Fewer  of  Parliaments  and  Kingdoms. 
 
 the  Crown  Lanfs,norrclwlcnoi  dunimfli  the  revenue  &  A-ihertiti  ot  tl;c~RcaJm, 
 
 nor  p-omotc  any  Grangers  to  the  cuftodics  of  Cafllcs  or  publickc  fur6ior,s- 
 
 impor;noTaxcs,cbargcs;noraltarthcanciciit  mti  net  of  the  Militia  of  the  Realm,' 
 
 nor  maks  warrc  or  peace,  witho.it  the  Parlia  ncntl  advile  ?nd  content    And  '  be-    f 
 
 tore  the  king  is  CrowneJ,  the  Burgr  txanci  A\/>.Vj,i..  th    Nan  cc  fall  the  Rcalme,   ^i^Tr' 
 
 demand  of  him  to  confirm  and  rtttfiebOth  with  his  cipccialK  harrer,  ind  pvklkk*  BihtmZV^ 
 
 Ojth,  the  Ancient  aud  laudable Paviledgcs,  lrnmuniueg  Liberties    K  :    (*,  Laws, '  ft#.i4.if.o! 
 
 Cmlomcs,  and  In(titntions,as  well  private  as  publickc,  of  alland  Hfigulflr  the  in-'  ,7«   rj.  17? 
 
 habitants  of  the  Realine,  and  tog' A-ernc  them  according  to  the  rpleol  tie  1  awes'  1?9' 
 
 after  the  example  of  his  predcceflbrs  kings  ol [Bohemia,  tyjttch  dorc,hc(eaiesand' 
 
 dcliversthcmafp;cia!lChartcr,takcslucha{ulcmneOatl,,  and  then  :s  Crowned' 
 
 upon  chefc  Conditions.    The  6  Arc'~-bifhup  ot  Prague  afcr  the   Let  Any  ended,' 
 
 demands  of  rhc  king,  kneeling  on  his  knees  ;  Wilt  then  keefe  the  holy  ianbdeUve- '  1  Muyjl.^ofm. 
 
 redto  thee  from  Cathoiiok^men  andobferve  kmjmftwrkfi  t  He  anfwcnrg,  I  rvtfl: c  '•!  l-*9*- 
 
 He  pr-)CCcoes,  an  !  f jith ;   Wilt  ihou  Qoverne and defod  ike  Kingdoms  granted  thee  '  A/ 9pBur 
 
 fio>»Goi,acio  dingr*  thijmfiki  oftbjFathers  ?  Hcanfwcres,  /    lU^ndbyGois '  7ZmXi'ix, 
 
 slffifttncep-d'+ifc  that  Iirtil  doe  Aodpe  ftrmcit  by  sllm'anos.  AftoV  this  kneeling  on"  l.i,:. 
 
 his  knees,  the  Arch-bifh  upholding  ih:  New  Teitauie.t  open,  and  the  Burgrave 
 
 reading  the  words  firft;  the  king  takes  this  Oath  in  the  BoLtmian  tongue  We  [wear  c 
 
 to  Go  i (the  mother  <f  God  a*d  mil  Saints)  noon  thu  holy  Gjfek,  that  Wi  mi  and 
 
 ought  to  keee  immowb'y  to  tb>  Barons,  KnigatSy  *  nd  Nobles,  a'fo  to  thofe  of  Prague 
 
 andtheother  Cities  andtoa1!  the  C  mm  ndcyof  the  R'a/mf  of  Bohemia,  th:  Lntti- 
 
 tutionsi  Lvwes ,  f'r'Vtledges,  Exemptions,  Liberties,  andWgl  ts^ani^'Yo  the  ancient^ 
 
 gtodand  laudable  cuftom?*  of  the  Regime;  *nd  t:ot  to  altenare  or  m?rgage  any  tkim    *Gcti.  ft 
 
 fr  *m  the  Jam  *  Kingdome  of  Bohemia,  but  rather  to  our  perrer  1 0  augment  an  t  enlarge    °  f  \  \ 
 
 it*9  an  I  to    oe  a'l  things  which  mty  be  goo  i  and  honoi.  rable  to  that  Kingdome :  So  helpe    P*  fj  x  £ 
 
 tne  God  (couching  tbebooke  with  two  of  the  fingers  of  his  right  hand  J  a>d  *ll 
 
 SmttSi  (  The  Kings  of  Navarre  take  the  like  Oath. ) 
 
 How  h  thisRealmc  hath  beene  altered  from  a  Principality  to  aDnkedome,  and 
 from  it  agaire  to  a  Kingdome,  having  fomctimes  Kings,  fometimes  Dukes,  both   1 . .'." 
 clcdcdbyrhefrcechoyfcof  theEltetes,to  whom  they  were  inferiour  in  Sotc-  r,i. 
 raigne  power,  accountable  for  their  mif-government,  and  removcablc  from  their  /••  . 
 Throne ;  you  miy  read  in  the  h  marginal!  Authors.Not  to  mention  the  Bob<mi.Ms  f* 
 depofition  of  Libttjfa  a  Noble  Virago,  who  governed  them  for  ?.  feafon,  reputing 
 it  a  difhanour  to  the  Nation  to  be  ruled  by  a  woman,  and  decline:  Przusmyfim 
 forth:ir  Prince;  their  depofition  and  banifhment  of  Prince  2?  or*.**  *£/«/,  hecaufc 
 he  became  aChrtftian,  and  renounced  their  Pagan  Religion,  though  they  after- 
 wards twice reftoredlim:  OiTloleflau  Rufus  .n  B*r*j*ogimtbe  1.  ihricc  de- 
 pof-dbanifticd  by  the  Nobles  ,uid  ptoy\c,orS*b€tjUm  andorher  Princes  jv/a  J  >/I.ihj 
 firft  Kingof  B  -hemii [nhiso\d  age,by  theadentof  tbcEftatcs  aHoci^tcd  hi   ionne 
 Fred  ri<\  (*Anno  117  \)  with  him  in  the  Regalitv    Heir    Ki>:g  of  Boh  mi  4  ufing 
 the  Coimcell  >f  the  6 ermans rather  then  the  Boh>  mi  nrt  and  I  joking  more  after  his 
 owne  private  gaine  then  the  Kingdomes,  was  depefed  in  a  gencrall  Aflembly    f 
 the  Eftates  Anno  131  ?.  and  the  ibnnc  of  the  Empcrour  frtnn  t!  e  7th.  ch^fen 
 King,  upon  this  condition,  if  he  wculd  ma-ry  the  youngeft  daagl  tcr  of  King 
 Wc»ceflaw.  King^f»^/I*wthcdruiikcp,fo:  his  drunkennerte,  ncgl  g-nce  and 
 
 LI  2  cruelty, 
 
&j  Tbt  Sovera'tgne  Power  *f  P^lkments  and  Kingdtmts. 
 
 ^cruelty,  was  twice imprifoncd  and  feverely  handled  by  his  Nobles,  and  upon  pro- 
 mise of  3tncpdment,j?eftpred  to  his  liberty. and  dignity  ••  inhis  and  SigifmoxdbiSy 
 fiicccfTors  rafgns*  ZwwnH  Haz'Taborbes  ^defence  of  their  Religion  ^igainfl:  tb*, 
 *s*e  &n**%  Popil^  party,  who  rppftunjaftlyietgainft :  their  promifc  and  fafe  condu'a,  caufed* 
 BokmFox      ?0^  *?**•* aQ^  lcrc'»*'0£  Prague  to  be-put  to  death,  waged  great  warrcs  andob- 
 Aft™n{0M*.  ts»inc^  many  victories  againft  the  King  and  Emperour,  and  gained  free  liberty  of 
 Tiumcnts  vol.i  ptofeffing.rl*cirjreligton  publkkely  much  againtt  the  ^P^pes  good,  will;  which  li- 
 P  848.10851.  bcrty  they  have  ever  fincc  maintained  by  thjeiword,both  againft  the  PopifhEm. 
 PonanusBo*  pcfpu^  ancl  Kings,  by  mcanes  of  which  civilliwars,  the  kingdome  fuffcrcd  fomc 
 hau*it*,i,i.  inicricgemms.  During  the  Minority  of  king  *'ladifLan$,  Anno\+&>  this  king-. 
 lGfi*>font      ^omQ  was  80vcrncc^by  two  Prcfidcnts,  appointediy  the  Eftatcs. 
 imperial Hift.     ^  «^w  i*  *  i.-.the  Empcrour   Roinlf  b  being  willing  to  fettle  the  kingdome 
 $,73  r,  oi  Bohemia  on  his  Brother  Matthias  in  an  affembly  of  the  States  of  BohcmUczliod 
 
 for  that  purpofe,thsEftates  thereupon  drew  many  Articles  which  Matthias  yeas 
 taftoeare  t?>  before  bit  Coronation,  with  49,  Articlesof  complaints  and  grievances 
 for  which  they  cravci  rcdrefle  :  and  the  inhabitants  of  Prague  required  the  con- 
 firmation of  B,  Articles,  which  concerned  the  private  Government  of  their  City:  Y 
 All  whi?h  the  Empcrour  and  Matthias  were  conflrainedto  Cjrant  and  ftoearc  to,  hem 
 -  fire  they  would  admit  'JWatthias  to  he  their  King;  who  had  nothing  in  a  manner    1 
 hut  the  Title t  fome  of  the  flowers  ef  the  liberty  of  the  Qrownc,  bung  patted  with.by    : 
 ^Gjimftons      hisaffentingto  thefe  tsfrtkks.  k  Anno  161J.  ^Matthias  refigningthe  Crowneof  1 
 imjeriall  Rifl*  Bohemia,  and  renouncing  his  right  thereunto,  recommended  Ferdinand  Arch- 
 P-74>74f-      Duke  of  Aufiriat  to  them  or  his  fucceflbur.  The  States  would  not  admit  hun 
 king  but  upon  Conditions,  th?  which  if  be  Jhou  Id  infringe,  SElje  &£ate0  0)OUlo  not 
 faebounO  topeelD  Ijiin  aDbeotence.  Moreover  it  was  added,  Thathefhould  confirm: 
 to  the  States  beforeM*  Coronation,  to  maintaine  aH  the  Pr  ivif edges,  Charters,  Immu- 
 nities, Municipal!,  'Rights,  Conflitntionsand  Cuflom'S,  of  the  Rtalme  and ptople:9 
 (Oi  the Emper -our and  his predecejfors  load done,  by  his.  Oath, and  Charter  in  Writing. 
 All  which  adented  tor  he  was  proclaimed  and  crowned  king.  Soonc  after  the 
 Arch-bifhop  of  Prague  cauiing  fame  of  the  Protectant  Churches  to  be  ruined^ 
 andthofc  whocompUinsdotittobeput  inpriibn;  and  plotting. the  extirpation 
 of  the  Protectant  Religion^  through  the  Iefuites  inftigation^onttzxyto  their  Liber-- 
 ties  and  the  Provincial!  conltitution;  hereupon  the  Proteftant  States  of  Bohemia: 
 afTembled  at  Vr-Agne^  foni6sd  the  Towne,  binding  the  three  Towncs  of  Prague  to 
 thcrnby  anOitb;  entred  into  afdimne  League,  promifing  to  fight. againft  the  Com* 
 tf&n  enemies  ofGcd,ihe  King  and  Religion, ani  in  that  cattfe  to  liv*  anddje:  to  which  < 
 end  they  levyed  a  great  Army ;  banifhing  the  Jcftiites  out  of  'Bohemia^sth^  Au-    ^ 
 thorsof  all  themifenes  which  had  hapned  in  that  Regime,  and  many,  ofchc? 
 Realqicsand  States  of  Chriftendorne,  and  inciting  murderers  to  kill  Kings  who    1 
 would  notlivc  after  their  manner,and  medlipg  with  affaires  of  State,andwhohad 
 drawnc  the  whole  Country  into  the  hands  of  certainc  perfidious  Catholickes,  by 
 whofepraftifesthe  Country  wain-danger  of  ruinc.  For  which  caafes  ,they  fea- 
 nifticd  them  for  ever  oat  of  the  Realme  of  Bvhcmia,  enjoy  ning  them  to  depart  1 
 within  8:;  dgyes,  ntwr  so  retwne*  After  truXthe  Protcftant&hcaring  that  thc-Em-   1 
 perQur.and  \o  ifliparty railed Frrces,aga2nft them, pefleffed  theni(5vc«  Qf  many 
 Tpwncs  and^Uc^s.wkhia.the^ 
 
 i  U3  '  Trite- 
 
'  "— *    *        *        I  l»     ■   »         — I——  ,   l  ,  
 
 The  Sovcraigne  Power  of Parliaments  and  Kingdom**. 
 
 Princes and  States  of  Germany,  Aiorania  **nd  Stlefu  (except  :hc  Elector  Ot  ^axo*y) 
 affifltdtkcmwi  h men y  money  <.r  Cow:ctlly  pubiipjtng  a  Declaration  to  j*f.ihc  their 
 allion,  being  for  thi  Common  t**f§  of  R^/igton,  t'e-    endangered.      The  Prince  cf 
 Or**ge  and  Mates  of  the  united  Provinces  pron  ii:d  tlicm  afliftancc  of  men  and 
 money,  other  Protcftant  Princ-js  and  the  Protdlant  States  of   Lt-mer  Anftria, 
 did  the  like. The  Proteftant  Armies  after  this  had  many  vi&orious  incountcrs  with 
 the ImpsrUhfis  and  Popiih  Vorccs,and  took  many  Towns    King  Ftrdin^nlin  the 
 meanc  time, being  newly  chofen  Empmm,  the  States  of  Bobemit  being  aflcm- 
 bled  together  at  7>rag*e,  which  the  Deputies  of  the  incorporated  Provinces,  Ami . 
 T^iy.  Concluded  and  protcftcd  by  Oath.nevcr  to  acknowledge  Ferdina-d  for  their 
 King  who  had  violated  his  firft  Covenants;  rcfolving  to  procccde  to  a  new  Ele- 
 ction; andontheitf.of  AugxJlEk&cd  Frederick  the  Prince  Elett<r  Palatine  oi 
 Rhine  to  be  their  Kingjwho  accepted  the  dignity,  &  was  afterward  Crowned  king 
 accordingly.   After  which  the  States  of  "Bobtmia  in  fundry  Declarations  /unified 
 their  rejection  of  Ferdinand, their  Elc&io.i  of  Frederick^  and  his  Title  to  be  / uft  and 
 lawfull,  with  their  preceedent  and  fubfequent  warrcs  in  defence  of  Religion. 
 Yea  Frederick^  him(clfeby  fundry  Declarations  maintained  his  own  Title  :  and  the 
 lawfulnes  of  thefc  wars ;  which  paffages  and  proceedings  being  yet  frefh  in  memo- 
 r^and  at  large  related  by  Qrimflon  in  his m Imperial!  Hifhrj,!  (hall  forbear  to  men-   *  pa  . 
 tiontbem.By  thisbriefeaccount,you  may  calily  difcernc  the  Sovcraigne  power  of  mo^7^''' 
 the  Realm  and  States  of  BohemU  over  their  kings  and  Pn'nces^oft  of  the  "great   B^«fl  srifc 
 Offices  of  which  Rcalme  are  her  edit  arj  1mi  not  difpifable  b)  the  Kingtbht  States  who    #  Kcfp-  ft- 
 JBtefl \  their  Kings  t  bemfelvcs,  and  their  g'eatefi  Officers  too.  kem.c.io.  13, 
 
 Polani. 
 
 I4  4*f, 
 
 For  the  Kings  and  Ktngdomc  of  Poland.  Marttnus  Chremcrus  in  his  Po Ionia    6Sec  Odunfl. 
 Ifh  2.De  "Repnblica  et  Magifl Wat ibns  Poloni£y  informes  us ;  that  the  Princes  and    tV'^/J^.c. 
 Dukes  of  Poland,  before  it  was  advanced  unto  a  Kingdomc,  and  the  Kings  of  ice  - 
 vcr  fince  it  became  a  Rcalme,  were  alwaieseU&cd  by  the  chicfeft  Nooles  and. 
 States,  unanimous  fufliages;  Thatafter  the  Kings  of  Poland,  became  Christians,, 
 their  power  began  to  bee  more  rcftraincd  then  it  was  at  firft,  the  Clergy  being, 
 wholly  exempt  from  their  royall  Iurifdidion:  That  the  King  cannot  judge  of  c 
 the  life-or  fame  of  a  knight  (unlcfTcin  fomc  fpcciall  cafes,)  without  it  be  in  the, 
 aflcmblyof  the  Eltates  with  the  Senate,  nor  yet  publickly  make  L&arrco;  ^caccc 
 with  any, nor  impofc  Taxes  or  Tributes  or  new  Cuftomcs,nor  alienate  any  of  the ; 
 goods  of  the  Rcalmc,  nor  yet  doc  or  decree  any  greater  thing  pertaining  to  the, 
 Common- wealth  without  the  Senates  or  Parliaments  a(Tent.    Neither  can  hec, 
 nuke  new  Lawcs,  nor  publicity  command  money  in  an  extraordinary  manner,  f 
 nor  coine  money,  nor  nominate  a  Succcftor  not  with  the  Senate,  without  the  con-  c 
 fent  of  the  Nobility,  whether  of  Koights  ot  Gcotlcmcns  Order;  By,  or  out  of,    ' 
 whom  all  publickc  Magiftratcs  and  Senators  almoft  are  chofen:  fo  as  now  t*c( 
 fummcvor  cheireft  power  of  the  Republicke  is  rcfiding  in    them.  So  that  the,    ' 
 Ktngdomeand  Repubiickcof  the  Polonians  doth  not  much  differ  in  reafon  frorn^ 
 thatoftheX.^^^^w'f/maiicicfittuncsjandofthcfV^rtw^xnow.  An  Oath  is€    J 
 e^aedo/theney^Kirig  v^cnfacisuown<d,to  tbi*cfca.  That  be  fhallraignc     ' 
 .  •   x .  Li  7  accofdir 
 
8c?  The  Sweraigne  Power  of  Parliaments  and  Kingdomes. 
 
 *  according  to  the  Lawcs  and  inftitutes  of  his  Predcceffors;  and  will  fafely  conferve 
 
 *  to  every  order  and  man  his  right,  privilege,  and  benefit,  confirmed  by  former 
 '  Kings;  nor  will  he  diminish  any  of  che  borders  or  goods  of  th  c  Realmc,  but  will  ac- 
 
 *  cording  to  his  power  recover  thofe  that  are  loll:  fro  n  others :  After  all  which  the 
 •Senate  fwcarc  realty  to  him,  &c.    The  Revenue  %  Tributes,  and  Cuitomes  of  the 
 
 <  King  are  all  reduced  to  a  certaintyjthe  Nobles  &  Clcrgie  are  exempted  from  Taxes. 
 •The  king  by  thcLawes  of  King  %AUxan^r%  isprohibcdto  alien  to  any  one  the 
 
 <  Lands  of  the  Crowns.  No  new  Lawcs  can  be  made,  nor  oid  ones  repealed  but 
 
 <  by  the  king,  Senate  and  Nobles  aflemblcd  in  Parliament.  And  becaufe  there  is 
 
 *  wonttobcinhigheft  power,aflipp,n*y  and  ready  degree  to  Tyrannic,  certaine 
 'Senators  and  Councellours  are  ad  joyncd  to  the  King,  who  may  direcl  his  Coun- 
 •«  cells  and  Anions  to  the  fafety  of  the  Common- wealth,  and  his  judgements  accor- 
 ding to  the  Rule  of  jufticeandequitie,  and  with  their  wholfomc  monitions  and 
 
 <  Councells,  may  as  there  fhallbeoccafion,  as  it  were  with  certaine  living  LawwS, 
 <both  informe  his  mindc  and  moderate  his  power.  This  Royall  Scnax,  much 
 « greater  now  then  in  times  paft,  confifts  of  a  certaine  number  of  men,  wHch  wee 
 
 *  call  the  Senators  or  Councellours  of  the  R  E  A  L  M  E;  whoare  not  admitted  to 
 <theCounceil  with  our  an  Oath :  and  this  Office  ispsrpetuall  during  life,  "aving 
 4  certaine  Honours  and  Magiftracies  thereto  annexed,  partly  EccLftaiiicall.  partly 
 
 *  Civill.  Itconfiilsof  96.  pc Tons  in  all,  fome  of  them  Biihops.  others  Palatines, 
 cKnights,Caftellanes, and  other  Ofccrsor  the  Realms.  The  Chancellor  of  the 
 c  Rcalme  may  f  gnc  many  things  without  the  Kings  Privitie,  and  may  deny  to 
 cfealethofe  things  which  arc  contrary  to  Law,  though  the  king  command  them* 
 c  M  jfl  of  the  great  Officers  and  Magiftrates  arc  chsfcrTin  Parliament,  and  cannot  be 
 c  difplaccd  but  in  Parliaments  and  that  for  fome  great  offence.  Their  Parliaments  or 
 iGenerall  A (Temblics  of  the  States  arc  field  /much  like  ours)  once  every  yeare  at 
 1  lead,  and  fom:  tim:s  every  fift  or  fixth  moncth,if  thcr:  be  occafion;  and  then  they 
 c  are  kept  condantly  at  one  placf ,  to  wit  at  Petncow^  or  WarfivU  in  the  midft  of  the 
 « Kingdoms,  unlefle  it  be  upon  fome  extraordinary  juft  occafion,  and  then  the  king 
 c  by  advice  of  this  Councel  may  fommon  the  Parliament  at  another  place.  It  is  prov;- 
 f  ded  by  a  Law  within  thefe  20 ,  yeares;  Efjat  it  ff)  ill  not  be  lafcofull  to  fte  MtlQ  to 
 ^mafo  aUj^rre  Uiit'aout  tl)e  aOent  of  f)ts  parliament  am  dEfoeat  Couneell;  and  that 
 t  the  Nobles  as  oft  as  there  is  occa(ion,(hall  ac  their  owne  cofts  without  wages  de- 
 t  fend  the  borders  of  the  Realme,  yet  not  without  the  King,  unlcffc  ic  be  durTog  the 
 c  Interregnum;  but  they  may  not  be  compelled  togoc  out  of  the  Realme  to  any  For- 
 c  raignc  warre  without  wages  .*  the  Souldiers  wages  arc  reduced  to  a  certaincry,and 
 ca(Tea{ed  by  publicke  confent  in  Parliament,  which  Orders  all  Military  and  CiviU 
 c  Affaires.  So  Cromerus. 
 
 Pbiunfl.Cofin.  For  their  carriage  towards  their  ill  King?,  I  lLall  give  you  onely  a  fliort 
 I  4  c.7  i0  account,  p  Miefco  their  fecond  King,  bcin^  unfit  to  governe,  a  dian  given  whol- 
 mwkRbus  ,y  t0  hlS  b.elly>  carc>fleeP3»  P^afur;,  and  governed  bj  hx  ^Ww,thcreupon  mod 
 voZnorum™  of  hisfu^jsils  revolted  from  him;  and  he  dying,  the  TolonUns  at  firftfor  many 
 tieytiws  Glog<  yeares,  refuted  to  chufe  Cazimlnu  his  Son  King;  leaft  h.  /hould  follow  his  fathers 
 p  17%  (tepsjtill  at  laft  after  a  long  Interregnt4Wt  when  he  had  turned  Monke,  they  elcelcd 
 
 GaguimtCky-  him  King.  Bohflw  his  frnnc,  a  man  of  a  diflbUe  liF- ,  given  to  \\x%  and  the 
 thw?      °"  P-*  of  th:  Realms,  was  excommunicated  bytbeBifhopoi  frmw  for  hiswic- 
 
 kedncs 
 
The  SQvtfAigrit  I  oxvtrof  >  AriiAmcnts  and  Ktngaomts.  ^i 
 
 kedncs  ;for  which  caufc  he  (lew  I .u  rY\  hcrct  pon  the  Pcpe  deprived  I 
 
 Poland  of  the  Crowncand  abtolvcd  his  Sin  j  cisfn  m  their  cbcdkr.ee  to  1  irr, 
 
 who  expelled  and  forced  him  to  flee  out  of  the  Rca.'mc  into  Hungary,  where 
 
 he  became  mad  and  died.  Myilaui  the  10.  Kingoi  Poland,  cxcrc'ifu  g  granny 
 
 every  where  upon  his  people  by  reJon  of  hie  power  ind  allies,  was  ckpo  leafy 
 
 hisiub/eds,a  d  C*t/ap»i* eltded   King  in  hit  (lead;    He  was  three  or  feme 
 
 times  dcpolcd.nd  put  by  the  Crowre;  Botefau*   wh    foccccded  Henry,  wtl 
 
 deprived  of  thcMoi.arc1  y  ;  Htntj  was  lurprikd  and  molt  itriclly  mpnkncd. 
 
 BoefUns  wasflaine  by  his  Noble*  ;IIld  VladtJ.Aus  Lockttft,  elected  Kii  g  in  his 
 
 ftcad,  ravirhing  virgins,  Matror.s,  and  not  reforming  ihmgs  according  to  pro- 
 
 miie;the  Nobles  hereupon  aflemblirg  together  An  1 5co.ibicgatcd  his  eledion.il 
 
 pernicious,  and  chofc  JVenctflaus  King  of  Bchtmia,  Kn  g  in  his  pi  ace  :  And  rx  t  to 
 
 recite  mere  ancient  hiiloricsof  fuchlikc  nature,  4 King  Hmtj  the  thin,  or  1  cUp.d 
 
 was  elected  and  (wornc  Kingtipon  ccnditicriS  which  he  was  to  pcrfcimc  Anno   J  c 
 
 I  5  74..  After  which  he  fectctly  departing  cut  of  VoUnd,  without  the  iflcct  of   saxU.ti  7* 
 
 the  Noblcs,totake  potYtflionofthc  Crtwncof  /r**cr,within  3.  rr.crthcsafur    (9oc^cg* 
 
 his  Coronation  in'Tctatdi  the  Volorians  fert  Mcilergcrs  after  h  m'ti  Ferrary    **1  <>>>  t«,6 
 
 7*»r  id.  15  74.who  denounced  to  him,  that  urlclTe  he  returned  into  Pdimdjkc-    °'  •'    L 
 
 fore  the  ia.  of  ^/*;  follow  irg,  they  wculd  dc  pole  him.  and  deft  another  Kii 
 
 Which  he  neglecting,  tkt)  ma  ger.tralt  ajftn  b/y  of  the  Lfbatcs  *tlla>j> 
 prived  him  of  the  Cronne,a\nd  tlctica  a  run  King:  the  Chance  Her  and  grtttej '  p~t  t 
 of  tie  Cotihfe  tiers  elcfted  Maximilian  tke  Err.ptrotr\  Seme  othcrs,vwih  il  cgr  ca- 
 ter part  of  the  Ncbility,  defirir g  to  have  ere  ofthcPclifh  bleed,  ekdtcc  Anne 
 fiflcr  of  their  dccealcd  King  5'.gifmund,%\\'\v%  hu  fi  r  h.uibar.d  St<p'en  Batter} 
 Prince  of  Tranjylvauia, zr.d  proclaimed  him  Kirg.ThcLn  pcrcur  n  dung  11  si  ydc- 
 hyc9, Stephen  in  the  mear.e  lime  enters  Votand.n  arrieth  Anne}2rA\s  crou  nee  hi  g 
 by  gcnerall  confent,  Febrtary  8.  1576.  who  tookc  this  memorable  Cororaticti 
 Oatn  pnfenbedtohim  bytheNcbles.    IStefhcnby  tke  grrcc  §J  G^dilttlfdKirg* 
 of  Polaid,  great  Dnl^ecf  Litl  uania,  &c.]rit»ife  and/act  edly  ,  wet  re  to  Alr*i;  it 
 Gcdjtpon  theft  holy  Ivangthfs  cf  Jtjwj  Ckrtji.ikat  1  r.  ill  held  ibje)  %e  rtfa  d  a>.    f 
 fu  fill  in  al  cendtitns,  tttieles,*rd pcirts  therein  expend  all  %ts}.tsyLihetiits^ 
 Stcurittes  pn  t'tdges  publike  and  jrivate.  rot  ccnt>*n  to  the  ttmmon  i.n,  *na' 
 Liberties  of  both  N<  lions,  jn fitj  and  Ut  fully  giiert  and  g-tar.iea  to  the  Zcdffu-' 
 Jiickes  and  j 1  culars  tCfarcbes ,  Pr trees.  Barons,  Nobles.  Cui^nJ)"  h>  bitJ  t.'.ar.dl 
 etny  other  perjon   of  yrl.at  ftatt and  condition foeztr  tj  mj goat)  Vrfdtceflirs^Kty       £ 
 Vrvccs  or  Lores  of  tke  Km^ccme  tjVolard^  and  of  the  great  Dui^dcme  of  Ltthi  a-  e 
 nia,  efpeeially  bj  (fafim  r,  It  wis  the  Lrear,  called  Lo}s,  J'ladijlaus  the  hull,  called c 
 lagie&o  and  his  brother  fVithold  great  Duke  of  Lithuania,  J  Udiflaas  the  2.  0//-c 
 myrth   3.  Iohn  Albert,  Alex*ndtr3  Si>  tfnuna  thefiift,8iid  a.  Atg*(lus.  ar.d  Henry  ( 
 Kii  gs  of  VelandJ  and  great  D  kes  of  Luhu*r,'\a  ;  or  derived  and  granted  frcm  ' 
 thcm,together  with  the  Lawcs  traded, and  c  flat  limed  cr  offered  by  all  the  States  < 
 during  the  >  nt"  regnum,  and  the  p  cts  and  agreemcr.ts  of  n^y  Orators,  rrade  Vridt4 
 the  Statcsinmyname.  Tfatl  will  defend  and  maintaine  pc?.cc  and  trarquiiiry « 
 between  thofc  who  difter  about  Religion  ;  neither  by  any  meaner  cither  by  Our* 
 lurndidion,  or  by  any  authority  o   Our  Officers  or  Rates,  permit  any  to  be  trou-  * 
 bled  or  oppufled, neither  will  WC  oar  Sclfc  injurcoropprcflearybyrcafonof* 
 
 Religion-' 
 
83 
 
 7' he  Stverttgne  Power  $f  Parliaments  axd  Kingdome?  > 
 
 *  Religion*  All  things  any  way  whatioever  unlawfully  alienated,  or diftradedjCi- 
 '  ther  by  war*e  or  any  other  mcancs,  from  the  Kingdome  of  Pf/^J,  the  great 
 €  Dukedome  and  their  dominions,I  will  re-unite  to  the  propriety  of  the  laid  King* 
 'dome  of  V  eland,  and  great  Dutchy  of  Lithuania*!  wil*  not  diminifh  the  lands 
 '  of  the  Kingdome  and  great  Dakedome,but  defend  and  enlarge  them.  I  will  adroi- 
 
 *  nifter  j uilicc  to  all  the  inhabitants  of  our  Kingdome,  and  execute  the  publikc  Laws 
 
 *  conflicted  in  all  my  Dominions,  without  all  delaics  and  prorogations,  having 
 c  no  refped  of  any  pcrfons  whatfoevcr.  #n0  if  J  Qall  tiolate  rag  4Dat&  tn  a# 
 c  W  tljtng  (  which  God  forbid )  tlje  Jnrjabttante  of  n^  Kealme,  ano  of  all  iheSDo* 
 
 *  minions  of  tofjat  Ration  foctoer,  fyall  not  bee  botmD  to  redo  mt  anp  £>bcct* 
 €  ctttti  £3ea,  at)oe  ipfo  fatto  free  t&em  from  all  ifaitljanDa)beoience  foltfcrjf&eg 
 
 otoc  unto  me  as  liung.  I  will  demand  no  abfolution  from  this  my  Oath  of  any 
 c  one,  neither  will  I  receive  any,  which  mall  be  voluntarily  offered,  ^oljelpeme 
 
 *  <S5oD»  To  this  notable  Oath  (  an  unanfwcrablc  evidence  of  the  States  of  VoUnis 
 
 *  abfolutc  Sovereignty  over  their  Kings  )  this  King  within^,  dayes  after  bis  Co- 
 ronation, added  a  confirmation  <>ft  heir  Vrivtledgest  containing  the  fame  heaven* 
 larged  with  a  few  more  Words;  which  heconfuroed  with  his  folcmnc  deed  and 
 Royall  Seal,  and  delivered  rhc  fame  to  the  Chancellor,  and  Vict- chancellor  of  the 
 Realme  to  give  out  Coppies  of  them,  under  the  great  Sc  le  to  all  the  States  of  the 
 Realm*  who  meeting  f  after  wards  in  a  Parliament  at  JV«rfauU$  Anno  \  5  6 1;  there 
 was  much  debate  about  fctling  of  the  PrcmifcS,  and  nothing  concluded, 
 
 tAnm  1587^ States  of  P^Wqueftioned  andoppofedK.^r^w,  for  viola- 
 ting their  Privilcdges,  and  thojpsof  ^^tookcuparmesindcenccofthcmjrc- 
 fufing  after  his  death  to  repaife  to  the  Aifembiy  of  the  States  at  Warfaia^  Ann* 
 x  5  S7.  vnlcffe  their  Privilcdges  might  be  preferved  and  rectified ,as  you  may  read 
 at  large  in  Chy  trans.  King  Stephen  dying  the  Eftates  of  Poland,  and  Lithuania 
 aflemblcd  at  Warfateia  ,    Anno  1587.  where  they  made  Lawcs  for  prcferving 
 the  Peace  during  the  Inter  ngnnm  ;and  enacl:ed,that  no  new  King  mould  be  c- 
 leclcd,  but  by  the  unanimous  confent  and  agreeing  Suffrages  of  all  the  Eftates,  an£ 
 that  he  Who  ftiall  nourifli  factions,  or  receive  gifts  or  rewards,  or  ufc  any  other 
 pra&ifcs  about  the  elcftionofa  new  King,  mould  becrcputed  an  Enemy  of  his 
 County.    After  which  they  proceeding  to  an  Election ;  there  were  divers  com- 
 petitors named:  and  after  many  debates;  One  part  chofc  AfaxMlian  Duke  of 
 Anflria ,  the  other  Sigifmnndftiz  King  of  iSV.^/WhisSonne^othof  them  up- 
 pon  cxprefle  articles  and  conditions,which  they  both  fcaled  and  fwore  unto,  the 
 •chicfe  whereof  were  thefe;  To  prcferve  all  their  Rights,  La  wes,  Privilcdges, 
 «and  Immunities  publikc  or  private,  inviolably  j  To  kecpe  all  former  Leagues  and 
 « Truces ;  To  beftow  no  Offices  upon  ftiargers  ncr  harbour  any  about  thcm,f  ex- 
 cept fomc  few    Private  fcrvants  )  but  natives  oncly,  and  to  be  counfelled  and 
 
 *  advifed  by  them  alone.  To  maintain  a  Navy,Garrifons,  and  build  divers  Caftles 
 <  in  the  Frontiers  at  their  ovvne  cofts  for  the  Kingdomcs  prefervation ;  To  rcdrcfld 
 «all  grievances,  mainraine  the  Privilcdges,  Rights  and  Peace  ofthofc  who  differed 
 *in  Religion  1  To  procure  and  augment  the  weale,  peace,  Privilcdges  and  fcfety 
 
 *  of  the  Realme  j  and  perform  all  Articles  mentioned  in  the  Oathes  of  King  Henry 
 « and  Stephen^  In  fine,this  competition  comming  to  bee  determined  by  the  fword: 
 
 *  MaxjmUtianyt as  taken  prifoncrby  Sigifmund,  and  forced  to  rcleafc  his  right 
 
 *Cbytr*u$ 
 
 £bro'fi*S(tx. 
 
 $09,810.^ 
 
 ■  Chytrcms 
 fflronfax  I. 
 f.zS. 19**0. 
 •grimfl  Imp 4, 
 Hifl4.69B. 
 69% 
 
J  be  SoTvraign  power  oj  Parliaments  anitlQtigdomer. ^..  89 
 
 to*  obtain  his  liberty:  And  a  Decree  pa  fled  in  Parliament,  That  no  m.jn^ereafter 
 fhotld  in  the  EleUionoftheKingofPolind^refttnutoname.orrecommrrdanyo/th^houfe 
 *f  Avfiridto  the Crownya*J if any  did  hejhouldbe  spfi  f*£Io'infamous:Wj>ich  deoreeihe 
 limp.  Rodolph  deflred  m:ght  be  aboliihed,  as  bang^di/paja^cmentto  that  family, 
 yet  prevailed  not.     Afccr  which   this  King  managed  all  thstsff  coucer-  r&t 
 
 Teace,a*dthcGoverment  of  the  Realm,  by  advice  of  J?,  s  Parliament ,  ai  Chytrttts  at 
 large  relates  ;  and  hi*  Succcflbrs  tothisprcichthave'donc  the*  Retaking  the  Crown 
 upon  fuch  conditions.and  making  fuch  conditional!  Oathcs  attheir  Coronaciom, 
 as  Steve*  did  at  his. 
 
 tDenmarie. 
 
 For  the  Kings  ofVemsarkt,  I  have  (0  formerly  proved,Thatthey  canmakeno  War,  rnPat       ,  t 
 Peace,  Laves,  nor  {ay  any  impofittons  onjhetr '  fubjefts ,  lutby  common  confent  of  the  HLuutR*+ 
 Eft ates  in  Parliament;  their  Kings  beifTg  derive  by  ^epeople^^td  crorrnrd  Kmgsupcn  ?«i«s,  Com- 
 
 no  greater  Authority  then  the  Kings  of  Bohemia  or  Toland.  To  run  over  the  Hiito-  /  i.e.). 
 lies  of  all  their  ill  Kings  would  bcovcrtedious,  for  which  you  maypcrufc  (xjSaxo-  ( O  DM 
 grammaticsts  &  others;  I  (hallgive  you  a  brief  how  fame  of  their  later  kings  have  been  H 
 handled  by  their  fubjc.s  for  their  Tyranny  and  mifgoverment.   Not  to  mention  the  ^^Jj^V 
 jnurthers  of  Cantttusxw  futlandin  the  very  Church,or  of  CWagnvs  or  Nicholas ,  flain  cWJwigr 
 by  their  fubje&s ;  King  Humblus  was  deprived  of  his  Crown  :  and  king  Harold  de-  8,9,to,m  t* 
 
 !>ofed  by  his  fubje&sforhisinfolcncy.  Suano  waxing  proud, Tyrannous  andoppre£  UbmmH  */*>- 
 iveto  his  people  ,  became  fo  odious  to  them,  that  his  Nobles  ad/oyned  Canutes  and  nu^HcrnihUi 
 IVal&emarto  him  in  the  roy  all  government,  and  divided  the  kingdom  between  them;  f^J/fr^T" 
 who  thereupon  being  much  difplcafedjflew^Wr*/  and  wounded  fValdtmar,  being  ponUniRtrum 
 impatient  of  any  Peers  in  government ;  for  which  being  foon  after  vaquifhed  by  Wal-  Ddmtmmjtif* 
 demur  ,  hec  was  beheaded  by  the  people.  tAble  fliying  and  beheading  his  brother 
 king  Ericus,  and  ufurping  his  (frown,  the  people  rofcup  inarmsagainft  him, took 
 him  prifoner,  and  the  Peafants  in  Prtfia  flew  him.    A'ing  C hrifro  her  ipoylingWalde- 
 mar  of  his  Dukedom  ofSchle^ric^^  thereupon  the  Eailcs  c*  Holfatia  rofc  up  in  armes 
 againft  him,  took  him  prifoner  ,and  detained  him  fo  at  Hamburgh,  till  he  paid  a  great 
 ranibme  for  his  libereie.  -King  Ericut  was  flain  by  his  own  (crv*nts,Anno  1 286.king 
 IValdemar  was  expelled  chcRealme by  hisSubjeMs,and  afterwards  rcflorcd  upon  his 
 friends  mediation;  who  not  long  afccr  deny  ng  Merchant  th^h-ancientlibcirieoin  the 
 Rcalme,themaritine  Cities  conipiringagJtinli  him,cntred  Denmarkythh  a  great  Ar- 
 my, expelled  himthcRcalme,  tookc  his  Caft ell  of  Copfenhageny  and  had  the  land  of 
 Sc*w*afTignedtothcm  for  16.  years,  by  the  Nobles,  inrecompence  of  tneir  dama- 
 ges fuftaincd.    Sricus  feeing  his  fubjec'ts  every  where  ri/c  up  in  Arms  againft  hrrn, 
 fay  led  into  P0/W,  ^«.I43&.  ancidefcrtcd  his  Kingdom  and  Soveraigmy,  the  people 
 vdenyinghim  libcrtieto  name  aSucceflor,and  Acti'mgChriJiopher  Dukt  of  Bav*~ 
 na  tot  their  king.  After  whom  they  elected  Ch  iHieme  theft  rrt  king,  againft  whom 
 |s  the  S  weeds  rebelling  for  want  ofadminiftration  of  jjftice,  and,thc#f^teaT»^n  of  his 
 ^Officers,  vanquifhed  Qhri/liern  in  battel!,  and  fee  up  a  new  king  of  their  own,  named 
 
 M  m  Charles 
 
'  ■  I "~~ -~~~ — 
 
 po  The  SoTteraigne  power  of  Parliaments  and  Kingdoms. 
 
 <&k*rles,who  Ar.  145  5.  abandoned  theRoyalty  5  the  Swedes  after  that  would  nei- 
 ther create  any  new  king ,  nor  obey  Qhnfticrne,  nor  yet  Xing  lohn  who  fuccceded 
 him,whofeQ^ecn  they  tookand detained  prifoner  two  years, and  maintained  warre 
 tyjCbytr.Chr.  againft  hinr.  { y  )  Chriftterne  thefccondjA'ingofD^w^,  was  thruft  out  of  his 
 .tat.f.io.i3«p,  kingdome  for  his  Tyrannic,  and  breach  of  his  Tub  je^s  Priviledges ;  which  heendea- 
 3oi^3i2,j8/  youring  to  regain,  was  taken  prifoncr  by  his  Vncle  Frederick^Dukc  of Sclefaickznd 
 583.;89.0:^w  Holfteitty  and  committed  prifoner  to  Sunderburge  in  Holfatta,  where  hec  dyed  in 
 tlnxlfol'  chains:  Fredericks  elected  king  in  his  place,  (upon  certain  Articles  and  condi- 
 ittre'xagif  m  tions  which  he  was  fwotn  unto  before  his  Coronation  J  in  a  general!  iffembly  of  the 
 £nbp.xr>.Bte-  States  he  d  at  HafniarAn.\ 524.  in  andby  which  affembly  Qhriftierne  was  folemn- 
 cmondeiure  Jy  depofed,  and  a  Declaration  made  printed  and  publtfhed  in  the  name  of  all  the  States  j 
 ^^n^T^  rfDewrk,  wherein  they  exprefle  the  caufe  why  they  renounced  their  faith  and 
 Thereof  *  obedience  to  G/>r/tf*>r»*,fworn  unto  him  upon  certain  conditions  which  he  hadbro- 
 Godi  iudge-  ken,  and  elected  Frederic^'  Which  Declaration  bf  caufe  it  is  not  common  perchance 
 Me,ts.l.i,cio»  to  every  ordinary  Shollar,and  contains  manythings  touching  the  frame  and  liberty 
 #•4  Mtt.        of  the  kingdom  of  DenmarksAc  Articlcsto  which  the  kingsdoufuallfwear  at  their 
 
 /  lo  p  ck  t?*  Coronations,  and  the  Tyrannnies  ofChriflierne,  for  which  he  was  deprived.  I  fiiall 
 jwf  hcreinfert,  as  Ifindeic  recorded  m(&)DavidC}>ytr<eus. 
 
 OMttibus  Christians  Regnis ,  principatibus ,  regionibnt  &  populis ,  not  urn  eft ,  #« 
 *r£*  Chrifliano ,  celebre  regnant  Dani  b  fit  urn  effe ,  quod non  [ecus  ac  cater  a 
 regna.plurimis  ]amfeculisRegiafu4pr&eminentixjiignitatc>ornAmentis  &  liber  tat  e  pram 
 ditumfucrit,&  adhucfit  ;  itaquidem  ut  Regnum  Danit,  e Jaffa  legitime  ele&i  Reges 
 nullum  anqaam  fuperiorem  mngtftratum  aat  Dominum  agnoverint.  Omnibus  qucjA  tern- 
 port  bus,  Archiepifcopis ,  Spifcopis  ,Dynafiufpralatu  &  nobilitati  libemmumfuitfcgem, 
 &  Dominum  aliquem  ftojadtcio&  arbitriodefgnare,  &  in  communem  regni  &  PatrU 
 confoUtiontm  &  falutem  eligere3cujusgabernattone>  txemplo,  &  dnUu  regnum  fupradi* 
 ElumyChriftiamsflatutis&  ordinationibus ,  fecundam  leges fuasfcript as. &antiquas  con* 
 f net  a  dtnes  vigere,  mtferi  &  opprejfi  fubditifublevari,  vidua  &  pup  tilt  defendi  pejfent. 
 Q^ijsutdem  rex  femper  battenus  a  prima  eletlione  convenient*  juramento  &  obligation* 
 fe  hmc  regno  devincirecoablustfi.  Etiamfi  igitur  nobis  omnibus  regni  hujus  ordinilus  &• 
 conpl'tariis  Itcuijfet  pofi  obitumpoten;  ijfimt  Regis  quondam  'Dania  Iohannis  laudato,  me- 
 moes* pro  jure  noftro,  fecundttm  amiquam,  &  multis ficulis cantinuatam  regni  Danici  lu 
 bertatem^-.gem  altqutmpro  arbitrto  nojiro  defgnare  &  e/igere :  tarn  en  virtute,  jufiiciay 
 magranimitMe^bonitate & beneficientia,  eorum'Danta  regum,  qui  ex  Holfatoram pro* 
 fjpia  eriginem  duxerant >moti ;  &  bona  fpefieti  fort  ut  rex  ChriJIiernus  e  veftigiis  re- 
 gits  avifui  Regis  Chriftierni&R.  lohannts  patrisfui  non  excederet :  fed  pot  i us  ad  eoram 
 fimtlnudinem  & exemplum,gubernationem  fuam  injtitueret :  fupra-diilum  M.Chrifti- 
 §rnum\\.vivo adhacpatre iohannein  Regem  &  Dominum totius  Dania  defignavimus 
 &*legimus. 
 
 Quo  quidemipfo  tempore  eelftado  ipfiusfolemni  hiR  amento,  verbis  conceptis, 
 0  Deofintlifque  tefiibas cstatis,pra/iito,  Archiepif.  Epifcopis^Dynafiis^pralatiSy  equi- 
 tibus  civttattbus  &poputo  regni  Danici  fe  devinxit  &  obligavtttcuJHAJ  or amenti  inter  alia 
 hac  quoque  capita  "xpreffafuerunt :  Debemas  ante  omnia  <Dcumdiligere  &  colere  9  & 
 fan&tm  eccUfiam  defender t  &  atnpltficare.  Omnia  Epifcoforum,  Fralatorum  &  mini* 
 jbrorum Status eccUfiajticiprivikgia^  aS .Ecclefia  &  regtbus  Chrifiianis  ipfis  concejfa, 
 mviolata  £&nfh'uarc%  */&rckicpifcop*s  quoqut^  L&tdwftm  et  Ntdrejienfemftpr&tere*. 
 
 SpifcoJiOSf 
 
The  SoT>tra$gne  power  of  Parliaments  and  kingdoms.  9 1 
 
 Eptfcopos9  prjzUtes,  Equites  auratos  ,  &  dUos  ordmn  EqucRru^  Reg»t  Price- 
 res  &  (^onfilidrios%  conver,$enti  obfervantia  ty  honor e  ,  pre  eu]ufa,  conditio  »e  & 
 fidtuprefequh  Si  qua  nobis  controverfta  Jit  enm  Arc1  lepifcopis ,  Epifcopis,  dut  pr*m 
 latisS.EceleJtX,  eorumque  mintftris.  in  locis  convenient  thus  ,  nimirum  coram  fc nam 
 regniy  c:gno(ci  Or  tra^figt  opart chit.  Si  qua  nobis  ip/isy  *w  p*xf(  clttucftris ,  e  nt rover- 
 ftd,  cum  dliquo  er  noltlitdte,  five  is  fendtor  regnifit  ,  five  non^  tncidet  ,  cum  cor  Am  **L. 
 verferegm  fendtu9hoe  nomine  compeDdre  debemus  ,  Jive  cd  coutroverfiAfit  defundis% 
 Jive  de  dliis  quibufcunque  benis  dxt  negotiis. 
 
 St ficutitenemu,  unumquemjfjuvarcyUt ]iu fuumconfequat*r\  3  fa  noPtpfi  qOOIJ; 
 
 obnepu  effete  bunas,  antcu  que cojam  fenatu  tfegnt  nosaccu  anttcomp  reu  ,f 
 an  ipf cu  pottulafa itfitato  Su  tetojnmmojererponoerf,  f  qutcqutaa reditu  rrg'if 
 faper  en  re  Be creftmi  f  p^rnti^ctatam  foerit,  (Dipfamertqui,  ncqar  buf  a'tnor  1 1>  gt* 
 itmas  accufattones^u  poffuia*ionc.<  iaclementt  antmoferre*  Debemus  itUmfiu* 
 
 uUo prdjudtctojgrdtii,  dutmuueribus,  ex  *quoy  tdm  pauper i  qukm  dtvhi,  tarn  bofri* 
 ti quam  indigent,  jtu  dicere  &  ddmsniflrdre.     Nullum  ettom  bellOttl  tnctptre,  cut 
 
 externum  aulitern  in  regncm  in frouicet ceebemus,  commnni  fenatu  ifognt  non 
 
 p;xrcitntc  f  C0nrentttnte#  Liter*  qur^  &  Dtplomatts  vel  nejirij  vet  etiam 
 fdtris  noftri  Regis  Iohannis  Jigno  con-fir  matt*  ,  plenum  &  wvioUtdm  fidem  &  authors  - 
 tdtemrelmquere yejufj?£s  dlienum.quod  liqutdum  eft,  dijjolvere  debemus.  AfoneiA 
 quo  que,  quam  cufurijumut  yproba  &  fufflciens  ejfe  debet,  itay  ut  dua  marc  a  aqmvalen- 
 tes  fintumaureo  Rbenano.  ItemtNosChnftiernus  &  obligamus  mvs  ,  quod  omnes  cr 
 Jingulos  drticulos,in quosjurdndum  nobis  eft %inco lis  regnorum  Dania  &  Norwegu, 
 con  ft  ant  er  reipfdpraftare  velimus .  Sicuti  etiam  ex  ddverfofubditi  ohligati  ejfe  debent 
 ddfuum homagium,  &  duxUm  milttariaihvioUtdfervanda  &  praftandd. 
 
 &tfeero  ( qnod Deus  avert at)  corura  ttfes  atttcalosagenoo  DeUtiqucreoui0,  f 
 fenato^cm  regnt  afcttomttDtiibu*  nullo  mono  locum  Dare  inflitacremu*  :   tarn 
 omnes regnl  ineote,  Mttone  bcno;is  f  |uramr nti  fut ,  cenjuctis  ttrtbas,  ft celtler    JM| 
 in  bec  incumfacte  Debent, ut  bocatoertanf.   3d  fartcn&o,  contrafua  )utameata,ob* 
 ligationer,bowagia,qaoahan(ti nobis  funt,  ncq  :aquam  fedflfc  cenfert  ttbebnnf . 
 
 Hujhs generis plurtsaltt  articulijurtmento  infer ttfiier ant tqui  hoc  loco  brevitatts gr*m 
 tid  prdtermsttuntur* 
 
 Vt  etiam  regiaipfitts  dignitas,  poffjurdtos  ho  fee  drticnlos  vehementius  &  trdenti* 
 us  ddvirtutes  regia*  %cj*  Qhriftianar  urn  fanllionum  hujus  regm  confer  vat  ion  em  iuci- 
 taretur  &  infiammarctur 9 eommodas  rationes  &  lias  ir.iiimusy  tdndemQJperfecimw% 
 ut  illuftrijfima  princeps  D .  Eliz>abetba,ex  Hijpaniarum  re  gum  cr  Archtducum  Ah- 
 firUiUuftrtJfimaprofapid  ormnda,  matrimomo  ipfi  conjungeretur.  Sperabamns  enim 
 dignitatem  ip [fitts  regions ,  ddmonitiombus  nobilifjima  fjr  excellent u  vtrtutc,  Cr/nm- 
 ma  orbis  (fhriftiani  regnm  fdmtlia  orta  regina ,  &  pratercd  confideratu  taKtis  & 
 tdmeximijs  dc  fkblimtbus  ft  Regum  ac  lmperatorum  afjinitatibus  ,  mot  urn  tri  ,  ut 
 omnibus  Chriftianis  &  regys  virtntibus  ,  enm  dementia  &  bomtdte  conjunftu  ,  in 
 Xota  gubemattone  fuaeo  diligtntius  incumber  ct% 
 
 Verum,  fldtim poft  coronam  dCCfp(dmyRegid illius  Mdjeflas dnimi aetrbitatem^ty* 
 rannidem,  rdpinas,  immanitatem  crudelem&  fanguinari&n ^declaravit  (  quod  tamen 
 non  injuria  ipfum  ajficiendi  animo,  fed  extrema  necejfitatet  ad  defenjionem  honoris  «#- 
 ftricompulfi ,  fcribere  &  divulgare  vo/umiu,  de  quo  ipf o  pal  am  prote/lamur  )  imp*  i+ 
 mistmem  trnoris  &fidci  conjugalis ntbtiffims,  & omn%%ir%Httpr*ft*<u>  Regindpr** 
 -v  Mm  %  ft"*' 
 
02~  The  Solteratgn  poloer  ofParliaments  andlQngdoms. 
 
 frit*,  oblitus  eft.  Qnadam  tnim  turpis,  infamis  &  peregrin*  vctula,  S)burgis,omni 
 mdTrc  &  virtnte  deflituta9  &•  adomnem  imparitttemprojetta,  propriam  fuamfiliam, 
 R  *$}  Woflituit .  J£uam  rtgin*  conjugifu*  no  bill jfim*,  flatus  conditione ,  dignitate  & 
 gubern.it tone  R  expr*tulit,  ei%  pr*  omnibus  regni  confiliariis  fummam  Imperii  in  Da* 
 n't  a  commifu  ex  en  jus  perverfa  admtniflratione  &  mandatis,  mult*  cades ,  homicidia 
 &  injuft*  in  ctnfis  tarn  capitalibus  quam  civilibus  condemnations  extiterunt :  Et 
 quamvis  Regina(quamftmper  pro  'Regina  &  dominatrice  nofira  deinceps  qu^  ag- 
 nofcere  &  habere  cupimut  )ab  hone ftijf,  matrsna,  Anna  Holgeria ,  gyncceifuipr*- 
 fetta,moneretur,  utDomtnum  &  m*ritnmfmm  amice  hortareturyut  a  vitaiUafla* 
 gitiifa,qu*  Chriftiar.um  conjugemy  &  imprimis regiam  dignitatem,  nequaquamdece- 
 ret j  defifteret :  timen ,  quam  prtmkm  hoc  rex  &  anus HU  refciveruntflatim  iff*. propter 
 Chriftianam  admonitionem  innocensab  officio fuo  remota,  &  miferabthter  regno  expuU 
 f*,e>  ommbnsfortunisfuisjpoliata  efl. 
 
 Sodemmodo  Tobernum  Och/itumydevenemy  fili*  Sjburgis  propinandoy  fa/sb  a  fa 
 infimulatum  inmcentemj^  deprehenfum*  etafenatu  quoque  regni  eo  nomine  abfolutum% 
 inignomtniam  et  contumeliam  Germanic* nobilitatis  ^tantummendacibus  turpijfima 
 til  tut  mulieris  fermonibus  fidem  habens,  capite  truncarijujfit* 
 
 jguatnvis  etiam  R.ipfius  Ma]eHas  ingens  et publicum  Bellum^  contra  dat  am  fidem] 
 nobis,  nobis  inconfultU et  infeijs  ycontra Suecos excitavit:  tamen ut  animum no  fir  urn  fi- 
 ddem,et  regiam  ipfius  perfonam  et  nomen  extollendijmperium  amphficandt,  et  exteras 
 nationeset  regnafubjugandtcupidum  ,  poffiet  deprehendere :  nosomnts  noftr a  corpora, 
 fort  unas  %  regimes  et fubditesjn  magna  pericula  conjecimus  ;  quod  be  Hum  /eptennale, 
 contra  potentijfimumregnum  Sued* gefflmus  :  et  tandem  cum  effufione  fiinguinis  no- 
 firij  etextremafere  cumpernicie fioris nobilitatis  Dante*,  auxilio  Dei  omnipotent  is % 
 contraregnumjamdicium^vicloriamobtinuimus,  et  Regit  tpfius  Ma je flats  Regnttm 
 The  Oath  of  fobjicimiui    ft  autem  regnum  Suevi*  iuperpetua  fide  et  obedientia  Regi*  ipfius  Ma* 
 ihc  King  of     jeftatis  maneret  in  ipfa  coronatione  Sulcus  verbis9  concept  it  y  Deotj^  et  finUts  teftU 
 £ucdenj  bus  citatts3juravit,fe  ipfis  antiquafuajura,  immunitates,  et  privilegia  incolumia  re* 
 
 lift  urumyet  omnium  qux  inbeko  exortafint offenfionum,  et  inimicittarum  memoriam, 
 fempternaoblivione  aboliturumejfe.  Cum£nePumqusdemfatis  Regi*  ipfi us  M*i  fide- 
 rent  Sued,  necejfefuit  nonuHis  ex  Epifcopis,  fralazis,  et  Nobihbus  Danicis,  pro  rege 
 fidem  fuam  inter ponere%  eam^  diplomattbus  eo  nomine  confer tis  etobfign*tis7confirma- 
 re.    Qua  quidemipfa  izredeeffe  ilti  noluimus. 
 
 Stiamfi  autem  Regnaetpopuli  armisfubjugati,  tatnmmodo  jure  etjufticia  in  officio 
 corincantur  :  tamen  Rex  hoc  ipfo  nonfatis  benlconfiderato,  et  maximis  gfaviffimifq* 
 juramentis  pofthabitis,  triduo  pofi  coronatinem  Suecicam9  Epifcopos,  Pralatos ,  Nobi- 
 lit  at  cm  y  una  cumconfulibus  et  alnsprafeEiis  (tanquam  adconvpvtum  regium  &folen- 
 »em  de  impetrata  h  Deo  victoria  gratulationem  )invitavit,qui  etiam  fide  &  invitatio- 
 ns reni  a  tlle&$,unacum  amicis7uxoribus  &hberisfuis  ,  r  ever  enter  comparuerunt* 
 Jed  tarn  amice  invitatiiadmodumhofiiltterexsepti/untiipforum^pt'aufus  in  msefti* 
 ciam  commutatus  efl.  Ex hvore  enim  tjrannico  ipfis  imputatum  eft?  quod  pulvere  tor- 
 Vfentario  arcemipfius  regiam  paffim  conlperfiffient ,ut  it  a  incendio  eume  medio  toMe- 
 rtnt.  Cum  tamen  certiflimis  indtciis comper turn  fit yi/lud  a  Rege  ipfo^  cum  in  finen* 
 {fittum  ejfe  y  ut  fpeciociore  aliquoprttrxtu^cauj jtm mortis  into  s  con  finger ct9  quos  alias 
 nullojure  qttafiton&us  fubjicere  potuiffct*  ^At^  ita  reverendiffimi^  flrenui ,  &  hone- 
 JtHfiimivtr$>D,  Mmthits  Zax  JfetrttlgetUfffce?!  V.Vincodim  $*km*fi*  Bp^Bofh^ 
 
The  SotcraigiKpover  o/'Parltaiy»ts  and  Kingdoms. 
 
 91 
 
 t 
 
 I   f 
 
 prxtereafcXAgtntaEquitcsaurati  it  v$riNobiles1aliqf$ietUm Confutes,  res  c;- 
 
 cives  uno  die, fine  HHojndtcio,  ex  mera  tjrannide  ,  tentt  n  fidem  ,  decoiinti  tint. 
 
 guirum  etiam  cadavera,  vefttbusnudata,  cum  in tatinm  ufa  die 
 
 menfi>mifer*biliah<<\}ettACHlofui§ent%tAn<lcmi£nc  comburijnfit;  acetiamfit  . 
 hucvivi  more  Chnsltano  Conjejftones  fua*  edendi  cupid*  ejfent ,    tAmen  hoc  ipj; 
 mo  pr  or  Jus  maletolo  denegatum  eft, 
 
 Esdcmmodo  Reverendum  &reiigtofumB.  Abba  tern  Nydddlenfem  ._>  m 
 tres,  qui  turn  in  honorcm'Du  Mijfascclebraranty  dtepurificattonr  A/arix } 
 judicio,aquis  fttffocari  curavit^nulLxm  altamob  cattfam  ,  quam  quid  durante  adi 
 belloy  un.icum  alns/e  Regioppofuijfent. 
 
 S.xprxtcrea  ex  nobihtate  Sueacaqui  communis  inter  Danism  cj-  SuecUmpAcifi 
 cattonis  nomine ,fide public 'a  &  regia^&  quidemvoeati  anteaventrantyfibi-tpfiobfidc. 
 covfiitnit^eos^  tndurijfima  vinculaconjcttos  }tamdiu  apudfe detinmt%  donee ' rtcrnnm 
 Suecix  fibifubjeciffet. 
 
 Multosquoq?  nobtlcsy  inter  quos  nonnutli  ex  fdmili.iRtbbingU  fuere\una  cum  due 
 butptserisadkuc  t  ever  is ,  qui  fide  &  dementia  ipfius  frett  ,  iftuc  venerant  capita 
 flcili:  ficuti  etiam  Tonnum  Ericifilium  ,  &  Henrtchum  Stic  bum  y  mi  c:rm  mutt  is 
 altjs  nobilibus  m  F tnlandia  fmeuUo  -judicio  decoHari  jujfit. 
 
 Epifcopo  Finlandtx  domum  &  poffefionesfuas  per  violentiam  ademit.it a  quidem^  ui 
 UU fibi  confiilcns ypaufo  pvft  tempc$t*t e  in  man  exert  a  naufragio  Mtferabiliter  perie- 
 rit.  Tlrevitatis  caufamulta  alia  prava  Cr  tyrannic  a  f acinar  a  ytn  Regno  Suecix  contra 
 Deum  &  omnem  at  juitatem  ab  ipfo  perpetrataJ  hie  prxter mittimus . 
 
 JguocircaEpifcopitDynaftXyPrxUtiiNobilitas,  Civttates  &  rcliqttireoni  Sueci- 
 ci  incolXy  qui  cmdeles  ,  impure  &  [anguine  I  ex  tat  ipfius  manusy  vita  fuaincolumi 
 ejfugerant ,  contra  cum  infurrsxerunt,  fat im  et  honeftins  ejfe  rati y  pott  us  in  acie  pro 
 falttte  patrix*,  qnam  domifordts &  turpifftmis  fupplictis  innocent es  excarnt$catum>+io- 
 ru  j4?qveita  (nofttOquiZZmWitio  lion  immtxito)  fumptis  armis  o-^lam  BeiU 
 contra  Regemfufcepto  Tyrannicun;  itliusjugnm  excute^e  infiituerunt* 
 
 Etiamfiigitnr  nospertctth  corpornm  &  fortunarum  nofirarumy  ipfit  pofi  auxtlium 
 TUvinum  in  regno  Suecix  fiubjugando  adjumentofuerimus  :  tamen  non  nofira  fedfut 
 ipfius  culpa  iterum  todem  regno  excidit.  JVuocirca  denuo  ab  eo  interptllati  ,  ut  Sueci 
 noftro  auxilii ad  priorem  obedient  tamadigerentur  ;  ne  id  quidem  (  quamvtsnullo  :u» 
 reatiflegeteHeremur)facererecuCavimusyut  vet  hoc  modo  fidglts  animus  &  voluntas 
 noftra,dRege  per fpiceretur^quandoquidem fere  fupra  qisum  vires  nofirxferrc>n(cunt 
 yam  anteanoflrosequoS)  arma^  naves,  aurum,  argentumy  CUnodia  &  injuperr.oslros 
 amices sffines  £r propinquoi  in  Sueciareliquijfemus  Jdentio  terra  marid?  m.tgnis  im- 
 penfis  mi Ittem  &  naves  armor e  c^inftruerex  propria  corpora  noflratpoffe/J/ones,  pecu» 
 niam  &  facultates  omnes  impendere :  &  una  cum  ipfo  totam  belli  mvlem  ,  in  tertwm 
 ufque  annumfufkincrenon  detreltaremus.  Idj?  optima  fpe fret i  tfuturum  ut  fidelia 
 ȣQ  noftra  fervitta  ,  tandem  akquando  d  regia  ipfius  dignits.te  cum  clemtntia  ag*> 
 nofecrentun 
 
 Vtrum  his  omnibus  non  confideratis^  ille  inter  ea  fpifeoposy  Pt  xlatos^  EccU-  Ui  ,C;- 
 nobUy  Hefpitatity  Sacer dotes,  Ulfatronas,  vtrgmes^  Nobilitr.tem,  cives,  1  iatorc . 
 jr:ciatores9<S"miferosdenique Rufi%cosy  immodcratis  & iriaHditiscxattufntbu'SyVeftig*- 
 Jib  us  c  cxptlatiombtts  oneravir* 
 
 Trxteres  maximum  konorum  noftrorum  partem ,  *uh  cum  auro  Qr  argent o,  ex- 
 
 Mm  1  Mi 
 
94 
 
 rfo  Sntrsiffa  Power  of  Parliaments  and  Kingdoms* 
 
 afcombusextorfihadfetranjlatamadhucrettnet.  Monetam  vero  nutltus  moments 
 cupream,  ex  aheuis  cerevifians  ufu  detritis  cufam  in  regnum  intru(it >quam  xquo  cum 
 Jventeis  &  auretsmonetisprccioyamiltteipfiusacceptare9&  utmtoto  regno  ufurpa. 
 retur&valerot.coatHfumustolcrare.  CumtameniSainfinitimis  regnis,  nationu 
 bus  &  civitatibusnuhus  valoris  ejfet,res  no ftr  a  familiar  is,  cum  omnibus  commerciit 
 jacerent :  revnumhoc noftrum  antiquum  cum  ftiisincolit omnibus  fuitnervis  &viri- 
 bvspUne  exh<tunretur>&  ad  extrtmamegefiatem  &inopi*mconniiceretur.Et quam- 
 vis  Lac  quoque  omnia ,ut  bello  fufcefto  optatus  tandem  finis imponi  potfet.fubmijfe  tolc- 
 raverimusitamennehac qmdem  ratione  quidquam  apud  Rtgem  proficere  fotuimns; 
 cum  ilkpdam  homimbusfide  dignis  audientibus  diceret,  fe  &  corporibus  &  fortunit 
 imminutos  it  a  no  s  dcbilitaturumjit  pafflm  omribus  contumelit  &  ludibrio  etfemus* 
 Cujusfuipropofitiftatimetiamexemplumreipfanobisexhibuit. 
 
 ArchiepifcopumemmLundenfem{D4Georgium  Scbotburgum,  quern  fee  ret  arium 
 quondam  fuum  hac  fpe  ad  dignitatis  illius  faftigium  rex  evexerat,  ut  quadam  Archil* 
 ptfeopatus  illius  pradiaadfe  transferrepofet ;  cum  regit  cupiditati poftea  non gratifies 
 rctur, quod  diceret,  juramentofe illi ecclefia  praftito,  quod  violari  afe minime  deceret, 
 probiberi :  feque  potius  turpi (ft mam  mortem obire,  aut  vitamonaftica  etiamdwriffima) 
 in  reliquum  vita  tempos  mancipartfe  vettcy  quam  inperjuritfufpicionem  velminimant 
 fe  conjicere*  Cum  igitur  aliquot  posnarum3  qua  innocenti  irrogabantur,  optio  ilii  con-  ' 
 cederetur ;  ad vitamtaudem  monafiicam a rege  compulfus eft.  ^m> faUo9ftatim  Pret-} 
 latos  &  £  Anodes  ecclefia  Lundenfis  per  liter  at  adfeaccerfivitt  cumqueillipraftita 
 obediential  comparuijfent  :  jujftt  eos  contra  fidem  regiam,  tn  infamem  &  fastentem 
 career  em  compingiy  tifdemque  paulh  poft  infulam  Borneholman>  Ecclefia  M  Lundenfi 
 fubjebtam  &  propriam^cum  omnibus  arcibus,oppidis  &  vicis,  nnUius  excujationis  ra- 
 tione hahita,  vi  metuque  coailis^  adtmit. 
 
 Reverendijfimus  quo  que  Johannes  Spifcopus  Fyoniay  cum  liter is  rcgiis  ad  jur  id- 
 cam  'vocatus compirmffet ;  eodem  modo  miferabiliter,  &  wat rr omnem  culpam  captus, 
 &  in  carcerem  conje'Uus  eft,  &  omni  coUegii  illius  ecclefia  bona  petulanter  ad  fe 
 tranftultt. 
 
 Nemo  etiam  velex  Senatoribus  regnifvela/iisDania  ineolis  fine  corporis  &  vita  fit  a 
 pcriculo  iffumconvemre :  aut  fiquta  omninofortunamfuamhac  in  parte  periclitariin- 
 ftitueret ;  nequaquam  id,  mfipHuspeccata  fuafactrdoti  confejfus  ejfet9  &*  ad  mortem 
 fcpraparajfet)  tentareaufus  eft^cumfapenumero  in  eas  anguftias  coattos  nmnullos  con- 
 ftaret,  ut  ne  c onfitendi  quidem  fpacium  tills  concederetur .  Ex  quo  ipfo  hoc  quoque  con* 
 fecutum  eft,  ut  regno  buic  %  &  commuhi  patria  noftr<ey  con(tlio  tfr  confolattone  no  fir  a 
 auxilioejfe  uovpejjemus.  Eodem  Prapofitum  Rotfcbildenfem%  &  D .  Nicolaum  Erici, 
 mult  of  que  alios  fralatos  &  viros  ecclefiafticos,  quip.ttr%  &  matri  ip/ius  laudata  memo* 
 rUfideliter  infer vier an t,abfq-}  ulla  mif erieordia, bonis fui*  fpoliavit. 
 
 Politico  quoque  &  equeftriordini^  reliquifquc  regm  inquiltnis  nequaquam pepercif, 
 mfaudatoeuimipfiHi,  vtr  ftrenuus  &  nobilut  UWagnus  Tamafft  »us t  qxi  totovitd 
 fua  tempore,  ab  omnibus  habitus  eft  homo  integer  &  probus,  &  quern  nemomquam 
 quidpsam,quod  honeflum  &  nobilemvirum  non  deccrct^gerere  aut  facer  e  animadvert 
 tit ;  qtique  etiam  in  fide  Cbriftiana  fie  mortuus  eraty  hsc  wquam  T*mafienus9ex  terra 
 iterumeffoffus  eft  jpfiuf que  cadaver  y  in  for  o  Arhufiano,  infirtgulare  Danianobtlitatis 
 ludibrium  &  contumeliamyfu$fenfum  eft*  &  infuper  Rex  omnia  illius ,vidhaqueipfius 
 relicla>  bona^cum  omni  astro %  argento9&  clinodiisyfiae  uUapoftuiatione judtciali.adfi 
 &  infuampoteftaiem  redegit.  Strcn 
 
 '■ 
 
TbeSoveraign  Tover  ofParliamthU  and  Kingdoms.  p  5 
 
 Strenuo  quoque  D.  Iugeom  KrabbU%  equiti  aur.no  -v  M*refcalc9y  qui  $p  I  mo* 
 tenptreinDaniayNorwegta^rSueciahonesle  tf  fUe/tter]  fhnm  trim  efxfiim ftm* 
 gutnis,&bonerumfMornmjattnrAi*/ervi<r«t,  mtnm  ex f i?'<fu» V* rchbecum  mtmm 
 stxa  cum  multis ad enm ffcrtmentibfujundij  &bonU,  aprrt  -  -  contra  reli?ioncm 
 junsjurandi^demit,  &  fbi  vindicnn,  cum  int  ere*  tile  mult  is  meats  ad  Uoiwnam 
 caufa  coguittoxem,fed tamenfruftray provocaverat. 
 
 Cum  ex  mimjlruipfius  auUctsNicolausDaai  quo  dam  vefperi  in  cauponA  &fjmpo- 
 fiofedens^hosf>itiexfend}rarhombosaliquotvitreo:fortuitoexcuJJi^ft  &tamenee 
 ncnstncftatimfequcntt  diehoif>ttipro  tautillo  damno  tbunde  f»ti<frcif}et  '  nhti  minus 
 tnmen^  ob  canfam  ttm  mhilt,  pater  tpfins  in  arcem  Hafnienfem  riolenter  *b  ductus,  & 
 tamdiu  capiivus  eft  detentits%  donee  prdfetlusregius  mips  in  domum  ejus fate//tttbn/f 
 emnes  ipjius  ciftas  aper uijfet,  omne  aurum  &  argentummde exemifet ,  &  ad  quafuor 
 Afar  c  *rnnt  D  ante-arum  millia  vi  metuqucilli  extorfiffet, 
 
 Jj>»tKctiam  contra  jxramentum  Or  dot  am  (idem,  &C()lof  <&tU\\btt\  Jus  elrfttvnif, 
 auodanteafenatus  regniprtpium  crAtfoft  mortem  ad fiioshtrcdestranflul  it ,  quo  ipfo 
 antiquum  no  ft  mm  6^  liberumrcgnnm^Areditanx  oppreffiemfubjicttur,  &  no  s  libera 
 noftru  ele  tlione  (p  oliatifumus. 
 
 Quid,  quod  a  qnolibct,  etUmpauperrimo  hujus  regni  incola ,  binos  infmgulos  an. 
 fios  florenos ,  in perpetuum  demceps  numerandospaufus  eft  extgere,  enm  t>men  mult* 
 ex  ys,  vix  binos  foltdos  fnis  dommts  quotannis  exfolvere  poffent* 
 
 NectantumDanica  nobilitatis excidio ,ammw ipfm s fun  gam  anus fttiari  non  potuitj 
 fed  in  Qtrmanos  ettam  nobsles  tneratitudtnem  effundcret.  Honeftum  emm  vtrum 
 StcpbarumfVeber^edium^tn  Imrmgia  logo  equejirmatum,  quthngo  ttmpore  ,  ficuti 
 Afiwfttum  fide/em  &  uobilcmdecetfpro  fupremo  Qapitaneo peditum  1) antrum  contra 
 Sttecos  tpft  tnfervierat,  &  qui  prdclarafortitudtnufuAJfectminA  ,  cum  Hofte  ufa  ad 
 frnguinn  efufonem  dimicansy  cdiderat0  cui  etiam  hoc  nomine  prafetturam  Ol.mden- 
 fem  datit Uteris concejfer at .  Hunc  tnquam  Stepbanum^  cum  dtuttus  prefltnra  ilia  ca- 
 rere nol/et, ex afylo  Ccenobtj  Sp*S. ai tpfitts  avofnndati  abreptumideco//art  jujfrt, koc 
 pretext* y quod  indomo public  amiliticmdamvulnus  inflixtfjeti  cum  quo  tamen  illey 
 arnica  tranjall tone  inter ucnientc ,  jampndem  ingratiam  redierat. 
 
 Modern  ntodo  cum  eonjugia/ud  regit  cubsUano  Afsxtmtltano  egtt ,  qui  reginam  in 
 rcgrmm  D*nU  adver,ie»tem  amitatus fuerat  :  eum  er.im  cum  Rcgma  ad  C'Jaream 
 A4a]cftfitemiO'  Deminam  Marg*ret*m,*blega§ety  Rex  antequam  DlftM  ixee/pf- 
 [ft y  exitincrcretrubii&capitulifuppli  toaffict  jujftt* 
 
 tSldloAC  cumforttffimm  tpfius  capitaneus  2^.  &0n^eterttC?ff ,  r.omine prsfidiari- 
 *ruu4  Stol^bolmenfums  honcftos  aliquot  mi;ttes,pro ftipendio  Juo y  (J~  qmbufdam  mfy 
 coxficiendssy  Haffmam  miftjfet ;  prxfettas  Haffxtenfts  co  exceptos  *y4brumfterpum  dc- 
 duxtt,quafi  re  gem  ibidem  iKzenturi  ejjent.  £o  antem  cum  ventj]ety  I  ci  prxfcilus, 
 eos  careers  m«ncip*tos  ,  paulo  poft  fine  ullo  udtcio  ,  una  cum  puero  qucpu.m  trum 
 cidarijujfit. 
 
 .Suum  quo^  Cermamcum  Secretarium  Stefkmnm  Hopfrrftctncrxm,  cujus  opera 
 in  gravifim*  ntgociu  apnd  €?  faream  Majeci  Lit  tlcres  c^  [rtnciprs  In.pa  j  R<  Wftm 
 ni^ufus fucr a t^ad impudent tjj.m?  muiteru  b)hn*i$ UN mixci m dtL\:i9r,cmj»clcmer,:ir 
 ptrfecutuSytpftui  vtu  &  born  tnfiditttui  'ft./Z?*  tan.en  citdentijyrr.o  J)cieir.ni\ot<r.tu 
 auxilio,  manus  tpjius  ct  tenia*  ex  Damid  tv*j;t,  &  m  C' v fir  cam  urbtm  ExtetM*  ce*Ju- 
 jrst,  hhi  mkuQWKUi  a  AUnijbo%egio9e]Us  Viftigmmje^ucnie^cufxtus^C  mcuflcdia 
 
 Ufmetottu 
 
95  The  Soteraigne  power  of  Parliaments  and  kingdoms, 
 
 aHquandiu  detents frit,  donee  tandem  cavfa  probe  cognita,  ab  injufta  ejus  accufatione  & 
 inftmulatione:perfententiamabfolutuseft. 
 
 Prater  ea  multas  quo  que  extern  nationcs,  Hottandos,  Brabantos,  tlandros ,  Lubecenfef, 
 cum  omnibus civ'ttatibus  maritimls  ,  contra  dataprivile/ia,  & y-egia  diplomat*  .pecunik 
 fuis  emunxit,&  quotiefcunqueilli  negociorum  fuorum  cauja  itt  hoc  regnum  appulerunt, 
 fiatim  navibus  &  merctbusfuis Jpoliatifunt. 
 
 £t  quamvis  Norvvegia  quoque  regnum  femper,  ipfifidditerfueritfubjeBum^  &  pro 
 viribus  omnia fuaofficta  &  auxtlia  pr  a  jitter  it ,  et  ejufque  omnibus  edittis  &  interdict  is 
 cum  obfiquioparuerit :  tamen neq  Deo  confecrati  Eprftopi,  neque "Hobilitas  neque pyulus 
 itius  inclement  em  &  immifericordemanimum  ejfugere potuit .  Epifc&pus  enim  Camerenfis, 
 licet  innecens yincrudeli  admodum  car  cere  captivus  eft del emus ,  it  a  quidem ,  utexfeetido 
 &  impuroaere,  curis  diuturnaque fejftcne y  omnibus fuis  viribus  confumptis,  tandem  caret* 
 re  liber  at  us,  mox  diemfuum  obierit. 
 
 Reverendijfimus  quo  fie  Epifcopus  Anflocnfts,  Andrew  eo  compulftu  eft  yut  alter  ifuum 
 Epifcopatum  cederet ;  quod  jifacere  recufaretyfubmerfonem  illi  mmabatur. 
 
 Rev  erendijftmum  quoque  Archiepifcopum  Nidrofienfem  ab  EccUfia  fna  Archiepifco- 
 pal't  inexiliumexpultt,  qui  poftea  Romam  adTapam  conJugiensy  ibidem  in  magna  inopia 
 &  miferiamortuuseft, 
 
 Nobilitati  quoque  ejus  regni  nequaquam  pepercit,  ftrenuum  enim  &  fraftantiffmum 
 equitem  auratum  y  ^rfwtfwz*,  Canutifiblo  &  mentito  quodam  prate xtu y  in  career tm 
 redegit.  Cum  que  tile  in  jus  provocaretur  ,  &  cauja  in  fenatn  regni  cognita  &  dif- 
 ceptata  abfolutus  ejfet  :  tamen  jure  [no  >  a  Deo  &  aquitate  ftbi  concefo ,  uti  non 
 potuit,  eumpaufo  posj  mifirime decollaretur ,  &  omnia  ejus  bona  ,  contra  omne  jus 
 a  rege  abriperentur . 
 
 Etiamfi  verh  multb  plura  ipfiusimpia  &tjrannicafacinoray  &  inprimis cum  hone  ft  k 
 matronis  &  virginibus yvidnis  &  orphanis pajfim  in  llama , Sueeia, Norvvegia  ferpe* 
 tratayindicare pojfemus :  tamen  ilia  ip fa,  resfettu  nominis  &  dignitatis  regia  habit oy  hoc 
 oiiidem  tempore ,  in  noftra  hac  querela commemor arc  nonvolumus. 
 
 Semper  equidem  £$  er  aver amusfuturnm  jit  crebris ,  fidelibus  &  fubmijfts  admonitio 
 bus  adduBus y  fefe  emendaret ,  &  ab  hnjufmodiminime  regiis  aut  C^rifiian^  >  fid 
 potius  tyrannicis  incsptis  y  facinoribus  ,  expiUtiombus,  veiligaltbus3  exatlionibusy  ali- 
 ifque  crudeltbus  inftitutis  defisleret :  fed  tamen  admonitiones  ha  noftra,  plane  infruftu- 
 .efts  aures  regias  perfonuerunt  :  noftra  fentemia  &  eonfilia  plane  funt  repudiata  ,  nul- 
 li  ex  ftenatu  regni  locus  apud  regemfmt  reliftus  y  imo  homines  plane  contempt i  &  ad 
 nuilam  rem  idonei  hab'tti  &  reputatiftunwt.  At $?  it  a  ille  in  priori  fua  tyrannidc,  feipfum 
 induravit. 
 
 Et  utomnino  crudsli  fuo  erga  nos  animo  &  voluntati  fatisfieret,  mtlites  peregrines 
 magno  mtrnero ,  tarn  peditesquam  aquites^contra^r^ftitumjur amentum,  quod  ex  Jupe- 
 rioribus  articztlis  pat ctt  in  regnum  tndux is y  & '  major tbtts  adhuc  quam  antchacfattumefty 
 cneribus  &  exatttonibus  nosgravare  inftituit%  £um  autem  idnon  injuria  nobis  grave  ejfer, 
 hoc  tentatum  e{l  y  ut  nos  una  cum  mifteris  rufticis ,  ( qui  tamen  ipfi  tempore  belli  fep- 
 tennalis  pene  omnem  fubftantiam  noftram  impenderamus  )  vi  ad  illas  fraftandas  adU 
 geret.  Quocirca  miftts  Uteris  tan  quam  ad  jure  die  am  ^hufum  nos  evocavity  eo  con* 
 ftlio ,  ut  nos  vi  mtlitis  externi  (ft  modh  is  ad  tarn  impium  f acinus  a  rege  perduci 
 potuijfet  )  adoriretw ,  &  pro  Itbitu  fuo  imperata  facer e  cogeret.  Compertum  etiam 
 nobis  eft ,  Regem  ad  diemprtftitutAm  duorum  tmmanium  carnificum,    more  fuor urn 
 
 fatelHtum 
 
Tta  Sovereign  porv  cr  of  Parliaments  and  Kingdom t \  a  j 
 
 fatelli'ttm  ( 'ne (cilictt  res  innote/ceret )  rcfl  it  or  urn  op  cram  corduxijfe^  in  earn  fincm,  ft 
 inflcr*b\lib:i$  ipfiw  edittu  Qr  volmt.ttinon  afrntir  emu*  jst turn  in  corpora  &fortn 
 noftrat  imp:tumfacerety  &  forte  non  aUudtjtiam  in  Sueciat  Djn^fta>  Fpifcopis^- 
 nibilit.it i  er  civttatibus  fattum  eft,  covivium  nobti  ad'>rnaret. 
 
 Qjsaproptcr  juft.ffimo  (  qnietiamin  fortifftmos  vtr§s  cadere  potcft  )  metu  crrr,- 
 fumte*,  utdetdntti  malisancbis  Avert  en  Jits  cogitation cm  aUcjtam  furcipcrcmtat  afcjue 
 itanoftra  corpora,  vitam  &  poff'ffi >n-s  (  q  iod  j.ire  natnr*  faccreccncinur)  defend.- 
 remw,    Compulft igitm  fumtv,  ut  utftrajur.m  nta,  homajja  &  smxitia  mil  it  aria  per 
 liter**  Mi  renunciaremmy  idquod,eti*m  reipfa  d  nobu  jam  faP.amcfti  cum  plane  con- 
 fideremm,r,eminem  fore,  qui  impi is  tyrannic is  tpfius  dtlitlis  ConfideratU%  vuio  hoc+er- 
 t ere  nobis  pcfict.   Nos  enimftatus  &  conftliarios  r  gni  Davici,   coram  Deo  &•  bomini-        ».       , 
 has  obligates  agnofcimm,  nt  cammunipatrU,  in  extremis  hijee  pcriculis  ey-  anguftiis, 
 confolationem  aliquam  offer amiu*   Siq'iidm  miferorum  ejus  rcgn*  ir.quilinorum  ater- 
 na%  rations  corpor urn  &  honor um,  pernicies,  matronarumqu:  Or-  virqinum  drdectu  &" 
 conttsmelia  potifsimtsm  ab  eo  q^ritu*-^  a  quo  ilia  omnia  mcriro  j?eiti  a  nubi*  debe- 
 banf*  Neque ignotnm eft, propter ftmilia}  aut  fdpe  etiam  iv'ura  q  < dm  nos  (proh  dJor) 
 perpeffi  fumus  facinoratyrannicai  (tpenumero  (ftfarcs  Rcmanos,  s\tges   TJn^ar-.d,  B:- 
 hemUj  AnglU,  &  Seotid,  ex  r*u  tmp,  riis  dr  r  g«ts  Jej  cl ;/,  nomemllos  principes  'X  diti* 
 wibm  (uts  htredstariis  expulfesejfi,  ftcutiiitamcxvcteribiubiftoriu,  auam  exnoftrd 
 dtatts  exempli  futis  certo  n-bis  tnnotuit.   Et  nifi  gravifftmts  bifff,  qua  hacltntss  com- 
 memoravimm 3  oxcribu*  impetleremxr,  p'geret  &  tdd-ret  nosy  taim  aliquam  ce^itatio- 
 reminnoftrum  animnm  i  duarey  mnltomwu  reipfa  earn  exequi^fed  p  t'H*  ftcuti  pa* 
 tri  &  dVoipfiHSy  itaipft  quoquelibenter  adMcJi  fuiftfemut* 
 
 Etiamft  veto  ab  <L  ftionc  externi  alicnjm  &  Chrifli.ini  R'jri*  dm  Ttnmitsi  emus 
 fottntia  &  drfenfio*c  r extent*  noflrum  gubernarettsr  non  plant  fu'mus  ulieni :  tamen 
 eon/idcrato  di*tur/io  &  thrift  iano  rtgimine  %refiU  virtmibus,  clemmtia,  bonitate  & 
 JHjlitiay  auibus  ffr  Mufl  ifs.  princtps  &Dominus,  *7>«  Fridericus,  verusl\tres  Nv- 
 yv'pid  ,  Dux  Slejtvici^  Holf*tiay  Stormarra  &  Ttietmarfi*,  Comes  0!d~+b*r£i  rfr 
 DelmtnhorFtiy  eyfaSubditos  f'uos  ftatim  a  gubernationis  fuu  exordo  pit  cJr  l.)ni*bi- 
 titer  ufm  'ft :  eum  potiffimnm  unanimi  confenfn  regem  &  Dcmirum  noflrum  fupra 
 tot  am  Daniam  elegimus,  cum  nimirum  cogitaremus ,  sum  ex  indyta  re  gum  'D.init 
 profapia  eriginem  duccrey  &  yraterea  regisfi/iumnatftmeffe,  sUqucitA  jure  pr<e  omxi- 
 hns  alns  pancipibus  hu*c  hsnorem  ipfl,  pr<f'rtim  cum  putrin^nium  <fM9A>m  tX  regno 
 paterte  'ujl  Qel^udine  debit umy  ne  nunc  q  id  m  accept fftt.deberi* 
 
 Rctrarnus  igitur  u«r.me]ncmc[Ht%  cu)ufcu>.qu.  cor.d'tior.is  aut  o^d'ni*  (it \  ft  forte  fu* 
 pra  di&Hf  Rt  x  £hrffttrru/4St  aut  alius  quifpi.m  n>  mine  ipftui,  Vt  I  Set  'pits  z  I  *.'  >  rnodo^ 
 nos  infimulet.  quodecrtra  datam  fidtm  &  lurammtahacin  parte  tgerimus,  ti:  ttti,  an* 
 tcqu*mvlteriorct*noftraw  defenftonem  audiaty  jidem  xenhabeat,  fedpo'ius  r.sft  MSnafti 
 diffici'UdteSsCorportszrvitA  pericula,  impias  viduarum  & pupilUrum  rpp  ■  ' s'  «/,  ma* 
 ironarum  &  virgirum  vioLrtioncs ,  cum  dementi,  chriftiana,  be*  vU  &  turnout 
 commiferdtione  cogu->eat.  ffr  nos  (ejuibonorem  & exiflimatio-atm  *'ftr*m,  u*  jus  n*~ 
 bi!ts  d'ect,  erga  regem  HUfam  dihnc  cenferv animus  )  excupttos  hi  beat,  S>mulaue 
 al;ti(]ue]nf  omnibus  rfr  ftngul is,  eb  caufsu  jam  fupra  dittos ,  &sduu  c  m.  lures  (qua* 
 ddhuc  in  bonorem  nsmints  rejsi  ufqxe  ad  ulteriores  noftras  apol '  gius  reii^mus )  be%*g*\ 
 noscxeu'eU  Si  ettdmr'X  coram  hgitimo  alique  judice  nos  accufandos  eff?  c  I  N€ 
 
 hfofcriptenosdd  legit  warn  &  juflam  can,  a  hu\ui  cognit ioatm  &  deciftvmm  <-f  r*~ 
 
o  8  The  Sovcraignc  power  of  Parliaments  andli'ingdonies. 
 
 mpu^  poliicemtir  etiaw  nos  in,  qu£  h*c  woio  jure  dscementur  0*.fancientHK%  prompt? 
 awmop+rhurosepm  Nesjue  dubitAmas^  fi  vd [anllitus  Pontific/'a^  vef  Rom,  fofarca 
 Mayfta* ,  &  luAictum  Camera^vel  alii  quoque  Chrfiiani  Regrs  ,  Eletlores,  frincifes% 
 £omites,  Bar  ones  &  Nobtles^  velinclyta  &  libera  Imperii  livit  ate  s  petitions  hu)us  no- 
 fir  is  aquitatem^  &  ipfms  impiam  &  TyrAnmcam  no firi  oppnjfiwem  cognaverint,  quin 
 fa&um  hoc  noftrmn,  ad  quod  extrema  neceflius  nos  compulk,  nequaqjam  fint 
 improbaturi.  Pro  quo  ipfofi^gul^,  pre  ratione  ordinis  &  conditions  (mx  ncftra  fiudia^ 
 officia,  &  gratitudlncm,  omni  tempore prtft  andam,  defer  imtts& pollicemm\ ' 
 
 N 
 
 Srvethland. 
 
 Ot  to  mention  the  Kings  and  Kingdom  of  Norway,  long  fince  incorpora* 
 ted  into  Denmark?,  whole  lives  and  Catalogue  you  may  reade  in  *  Mm  ft  er^ 
 ^CofmcgMb**.  Jeannis  Magnus,  Crantzius^nd  others :  *  in  which  Realme  not  one  King  anciently 
 ap. 2i,M>**;  died  of  age  or  difeafes  in  above  one  hundred  yeets,  but  of  violent  deaths  3  there 
 *Gul.Heubr?g.  ^c'iR^tn\s  cuftom,  That  whofoever  flew  a  tyrant  King,  n><u  thereby  made  a  king. 
 tpjngfiib  ,4.  The  Kings  of  ^^/^havealwayes  been  elcfted  upon  certainc  conditions,  and 
 «mj>  18^,30,  fubordinateto  the  power  and  cenfures  of  their  whole  States  and  Parliament  9  in 
 31*3*.  fuchfort  as  the  Kings  of  Hungary  ,fBohemia9cP  eland,  miDenmarke  have  beene;  and 
 
 Heyl.  Geogr*     Qct  t\mt%  tnj,  Kingdome  hath  beene  annexed  to  the  Realise  of  Denmark,  and  lub- 
 frlwaM*U     1** to  tne  Dan1^  Kings,  as  they  faw  occafion :  The  names  and  lives  of  the  Swedifh 
 Chtotuftx.    .  Kings  before  and  fince  their  converfion  to  Chriftianity  5  you  may  reade  at  large 
 HermollCbttn.  in  *  <Jtfunfter,foannis  Magnus^  (jantzius,  Olaus  LftdgMus,  and  others :  I  flialigive 
 6'Umriim.        y0U  a  tafte  Qnely  of  fome  of  them  out  of  thofe  Authors.   Halften,  and  tAnimander 
 [*Tg  Tf*  *"8  facceffor  werethruft  out  of  their  Thrones  and  Realms  by  their  Subjeas,  After 
 Jfrmoue.  **"  whofe  death,  the  Swedes  elected  one  King  of  their  owne  Nation,  the  Gothes  an- 
 Gujgi.clm$en.  other,  not  enduring  aforraign  Prince  to  reigne  over  them.  King  Bugerins  flaying 
 &  Cfrron,        big  brother  Ericus^  who  had  imprifoned  him  at  a  banquet,  his  Nobles  detefting  this 
 his  treacherous  aft,  roftup  inArmes  again!*  himD  expelled  him  the  Realme,  and 
 beheaded  his  Qaeen  and  CMagnus  his  fon,  electing  Magnpu  the  (on  of  Srictu  for 
 their  King.    CMagnus  the  teventh,  betrothed  his  fon  Aquin  to  a  kinfwoman  of  the 
 Earle  of  Holftain  upon  this  condition.  That  unleffe  sAquin  mould  receive  her  a 
 Virgin9  all  the  Nobles  of  theRealme  Should  be  freed  from  their  Oath  of  Allege-     % 
 ance  to  him.  The  Virgin  failing  into  Srvethland,  was  taken  prifonerby  Waldamer 
 King  of  'Dwmarhe^  who  betrothed  his  daughter  Margaret  to  hquin :  wherei  p* 
 on  the  Nobles  of  Sweden  denied  to  yeeld  any  more  obedience  to  their  King,deier- 
 ted Magnui  and chofe  Albert  King:  Magnm feeking  torcgaine  his  Realme,  was 
 defeated  in  battell  and  died  in  exile.    Queen  Margaret  taking  *s4lbirt  prifoner, 
 and  conquering  Sweden.,  left  it  and  two  Kingdoms  more  to  Ericas  her  adopted 
 fon.    But  the  Swedes  weary  of  a  forraigne  yoke,  by  the  helpe  of  Engelbert^  denied 
 fubje&ion  to  him,  and  waged  warre  fo  long  with  him,  that  he  was  forced  to  place 
 Swedes  in  all  the  Caftles  by  agreement,  and  to  receive  onely  halfe  the  revenues 
 of  the  Realme  in  his  abfence3  and  at  Iaft  ( tired  out  with  the  wars )  deferted  both 
 Oowne  and  Kingdome.    After  this  the  Swedes  efe&ed  fhzr/es  for  their  King, 
 ^ho  after  feven  yeers  reigne9  perceiving  that  he  grew  grievous  and  difpleafing  to 
 
 the 
 
The  Soveraigie power  §f  FartiameittJ and Ktngdtmzs.  99 
 
 the  States  of  Sweden,  taking  bis  uwne  private  goos  onely  with  him,  and  leaving 
 the  treafare  of  the  Realm  in  a  (afe  place,  left  the  KingdoMC.    Whereupon  they 
 cletted  ftrifticrne  the  firfta  the  Kirg  of  'Dcxm.irke  and  AVu\rr,  for  their  King,- 
 againft  whom  they  took  up  amies,  becaofc  lie  bad  broken  that  pa&ion  prefcribtd 
 to  him  when  he  tooke  the  Crownc;  whereupon  tslnno  1499.  Clrriflierne  came  with 
 a  great  power  to  lubciiic  the  Swedes,  but  he  was  ealily  conquered,  rcpulfed  thence 
 twice  one  alter  anc  ther  by  the  Swedes  united  forces :  who  clc&ed  them  aGovernour 
 whom  they  called  a  Mar/hall,  ivhich  had  power  to  call  generall  Affemblies  of  the 
 States,  and  execute  the  Kings  Office,  and  might  have  beene  elected  King  upon  fuck 
 conditions  as  the  States  propounded,  which  he  refulei  to  fubmit  to.  King  M* 
 thinking  to  fubdue  the  Swedes  after  £hriflicrnes  death,  was  repulitd  by  there,  and 
 his  Queen  taken  prifoner.  His  lbnnt  Ghrifiieme  the  lecond,    King  oiDenmArkc,  by 
 the  treachery  of  Gnft*vus  Archbiftiop  of  Vpa/ts,  after  many  encounteis,  upon 
 promifc  to  continue  their  Laws5Liberties,and  Privilcdges  inviolably,  and  to  remic 
 all  offences  patt  by  a  folemne  Oath,  was  cle&cai  by  1  he  Swedes  for  their  King:  who 
 fevearing  thefe  Articles  and  confirming  them  by  his  Charter,   vva8  upon  this  admit- 
 ted into  the  Towne  and  Caftle  of  Helm:  •  *  where  fcaiHng  all  the  Nobles  and  pnn-  *( 
 cipall  men  of  Swethlaud  two  dayes  together,  iufpe&ing  no  treachery,  he  miden-  Six°'l&i9t 
 lyapprehends  them,  !aiprifons,murthers all  the  Nobles,  Gentry, Citizens, Com-  '^W- 
 moBS,  yea  Biftiops  and  Monkes  t  wich  extraordinary  cruelty,  fpoils  their  wives 
 and  Orphans  of  all  their  goods,  and  exercifeth  more  then  barbarous  tyranny 
 over  them;  which  Gnftavm  Erichfon^  a  noble  Swede  then  in  'Denmark  hearing 
 of*  efcapes  thence  privily,  apd  comes  into  S  wet  k  land  diiguiCcd,  raifeth  an  Army  to 
 revenge  this  butchery,  delivers  his  Country  from  this  Tyrant,  and  for  his  nable 
 (ervice  was  by  their  unanimons  vote  elected   and  crowned  King  of  Sweden  in 
 hisftead;  the  Swedes  in  a  publike  Declaration  manifefting  their  expulfion  and  de- 
 privation or  fhriftiemefor  his  treachery  aid  tyranny  to  be  jult  and  Jawfull.  *  Eri-  *Q'0  f  ( 
 cm  the  feventeenth  King  of  Sweden,  ioaprifoning  his  brother,  murdering  hif  faith-  SdxJib.xun- 
 full  Counfellours,  warring  upon  his   Subjects,  playing  the  tyrant,  and  matching  T-6}(&7i6;9, 
 himfelfe  unworthily  to  a  woman  of  meanc condition,  was  for  thefe  his  mifdemea-  (£J>e4*>'49> 
 nors  taken  prifoner,  with  hh  Quecne.  Jepoftd>  tndhis bretbtrimuU Ki*g  inljisflttd, 
 ArmoX^yy.    And  *  Sigi/mundKing,  of  Swede* ,  taking  upon  him  the  Crowneof  *H  /.  Gtoefi 
 PoUnd,  after  fourteen  yeers  reigne,  wasdepofed  and.difpoffefled  0/ his  Kingdom  f'X'ff* 
 Anno  1607.  and  Charleshh  Uncle  made  King  in  his  Itcad, 
 
 Ajjyriay  Cyprus,  Lombard)^  Naples,  Venice. 
 
 1  Could  now  acquaint  you  with  many  fuch  like  pafTages  and  ftories  in  the  King-  # 
 d.  mes  of  Affyria\  as  how  effeminate  *  Sardanapaffts,  for  hi^  vice* 
 vernment  was  deprived  'if8s}  burned  in  his  PttLice,  and  Arbaclus  mdde 
 
 inhnfteaJ.  In  the  kingdom  of  *  C?p«/,  where  King  TWrrnmrthering  hi>  brother  .- 
 and  thole  of  (jenrv4s  was  foon  alter  taken  prifoner  and  made  a  tributary  Pri   CA 
 King  Iobn  governed  by  l  Ife^and  (he  by  his  Nurfe^which  ma  >plc 
 
 weary  of  the  governmental  ad  a  Regent  by  content  of  the  Noble;  ;• 
 
 Nn  2  l*gA 
 
ICO 
 
 The  Soveraigne  power  of  Parliaments  and  Kingdoms. 
 
 tugtlly  whom  they  married  to  his  daughter  farlota)  fet  over  him  and  the  Re  Jin  and 
 all  the  royall  power  foon  after  put  into  his  hands,  who  being  foon  poy  foned  by  He- 
 lena.  Laves  fonne  to  the  Duke  of  Savoy  was  fent  for  and  crowned  King  by  gener  all 
 *  Mich.  Hift.    afl&n^and  John  and  lames  his  Tons  pat  by,  *  flephus  the  fec&nd  King  of  Lomfardy 
 Heyl.  Geogr.      was  fo  cruell,  that  after  his  death  they  would  have  no  more  Kings,  but  chofe  thirty 
 P«*93>1*4«       Dukes  to  governe  them,  who  continued  this  government  eleven  yeeres.    Deftde- 
 rius  thelaft  King  of  Lombardy  was  taken  prifoner  with  all  his  children  in  Pavia 
 *Heyl>  Gedgr.    by  Charles  the  great,  and  fo  that  Kingdome  ceafed,  Anno  774,   *  Tancred  the  fourth 
 £i66,ij?7.       King  of  iV^/<?.r  was  depofed  by  Pope  Celefline  the  third,  with  his  peoples  canfent. 
 ofSpaine  iL '  ^^9mfref  Baftard  poyfoning  Conrade  the  fcventhKing  of  Naples,  andufurping 
 it.  0.686.        the  Crown,  was  depofed  by  Charhs  Earle  of  Aniou9  who  enjoyed  the  Crowne  till 
 *Ioan.  Creftl)T*  Aragon  feafed  on  the  Realaie.    Jom  Queene  of  Naples  carried  Andrew,  fecond 
 V e fate  de  L?g-  fonne  to  Charles  King  of  Hungary^  whom  me  hanged  at  her  window  for  infuffi- 
 «/*#<&•  *77*      ciencyj  after  marrying  lames  of Tarragon ,{he  beheaded  him  for  lying  with  another 
 woman,  and  was  at  laft  driven  out  of  her  Kingdome  by  Lewes  of  Hungary^  and 
 hanged  at  the  fame  window  where  (he  hanged  her  rirft  husband. .  *  Peter  Duke  ef 
 Ven-ice  was  for  his  tyranny  and  mifgovernment   befieged  in  his  palace  by  the 
 F  ltory»aCan  Pe0P*e>  which  they  fired,  and  then  taking  him  his  wife  and  fonne,  dragged  them 
 unto  the  butchery,  where  shey  chopped  them  iri  pieces  and  threw  himtothedogs 
 to  be  devoured,,    notwithstanding  all  their  fubmiflions  atid  intreaties  on  their 
 knees,  Anno  pyj.     So  Duke  Falter ,  and  many  other  Dukes ,  have  beene  con- 
 demned to  deith  and   executed  by  the  States  of  Venice,   and  that  Juftly  as 
 i*cotn.Hb.%.c.<.  *%  9&"e  &**&*•  Multitudes  of  fuch  like  prtfidents  occur,  in  moft  other  Dukedoms 
 W£.*77.  an<^  Principalities,  which  I  will  not  name,   becaufe  they  want  the  title  of 
 
 *4Difiintit  49.  Kings,  though  *  Aquinas  trul?  holds,  That  a  Kingdome  is  fo  called  from  rulings 
 £uep*i*Art.z»  therefore  he  who  hath  others  under  his  government ,  is  [aid  to  have  a  Kingdome ;  in 
 4hS*  reality/though  not  in  propriety  of  fpeech;  and  fo  are  Kings  in  verity,  though 
 
 grot  in  title.   1  might  adde  to  thefc  many  more  examples,  noanifefting  what  mi- 
 feries  and  untimely  deaths  tyrannicali  Kings  and  Princes  have  undergone  in  all  aget 
 and  States,  being  commonly  depofed ,  poyfoncd ,    murthered  •  but  I  {hall  for 
 *vVth        brevity  paffe  over  thefe  examples,  remitting  the  Readers  to  *  9sfr/ftotle9*  ty£lian 
 *4/>.Vo  iV,       andDoftor  Beard,  his  Theatre  of  Gods  Judgements,  and  come  nearer  home  to 
 *  Yf(\&  ^ff,      Scotland^  having  neareft  relation  to  England, 
 
 Scotland. 
 
 W  Hat  (bveraigne  power  and  jurifdiftion  the  Realme,  Parliaments  and  No- 
 bles of  Scotland  have  claimed  and  exercifed  over  their  Kings,  (who,  faith 
 "Buchanan^  can  neither  make  Laws,  Warre,  Peace,  nor  concludeof  any  great  affairs 
 of  the  Realm  without  a  Parliament,  which  hath  there,  and  in  Hungary^  Poland 
 Penmarkf,  Swethtand.  been  oft-times  ftrnimoned,  not  onely  without,  but  againi 
 their  King?  confents-3)  and  how  frequently  they  have  queftioned,  imprifoned,cenfu 
 red,  depofed,  yea  judicially  fentenced  tluir  Kings  for  their  tyrannies,  opprefions, 
 whoredoms,  murders,  rapine?,  and  en  ill  adrainiftrations,  you  may  reade  at  large  ia 
 Gt  jrge  Buvanan  Q&ivgfames  his  owns  Tutor)  in  has  Bookc,  Be  lure  Regni  apui 
 
 Scousi 
 
The  Soveraigie  pjrvcr  of  Parliaments  and  Kinacbmes.  i  o  i 
 
 Sectossind  \\\i*Rcrttm  ScttkmwB  Hijloria.     Where  this  their  .Soveraipne  powci  i  J 1     *p.'3°,M4»*<7 
 largely  vindicated,  debate  J. ucmonu"  rated,  and  thechiete  obj.cTi  ica-  a'l>>K  ' 
 
 red  (o  abundantly,  that  I  (bill  notaddeonc  fyilable to ic3  but  prcienc  you  with  fome  70*>7*6>747> 
 Hirtoricall  ex  implfJ  which  confirme  it.  ?4 
 
 *Ferguftus  ihe  ft  it  King  of£c*JWdyiag,and  leaving  two  Tons  infants,  unable  to  * s  '  fa/Httr 
 governetheHcalm-j  the  Scots  thereupon  conidering  whit  dangers   i  \        befall  fim" 
 them  both  at  home  and  abroad,  during  their  infancy)  at  Iait  concluded  after  Kl"„ 
 much  debate ;  aod  fetlcd  this  for  a  ftanding  law  -y  I 
 
 fon  under  age  and  unfit  fgovernejhe  next  of  their  kinred^  who /haul J  I- el  flee wed  fit  \ 
 raignc.Jljouldenpj  the  foveralgne  ptwer  ;  and  th*t  he  bzino  dead,    then  the  fucceffnn  of  c'>  ■' 
 the  Cr»wn'fhoulJ  returne  to  the  children  of  the  deceafed  Ktngybsin'g  of  age  to  rule^  which 
 Law continued  conftantly  for  many  hundred  yeeres,untill  the  rcicue  of  Ktnreth  the  £j'  .     '     ^ 
 third.     By  this  Law  Ferithans  brother  to  Ttrgufus  abtained  the  Crowne  and  reig-  MmhmsWdU 
 ned  fiftecne  yeeres  with  mwch  juftice  and  modeify  5  after  which  his  Nephew  Ferleg 
 defiring  torai^ne,  demanded  his  Fathers  Kingdome  of  his  Li  ne'e,  who  being  wil- 
 ling to  refi*ne  it  to  him,  called  an  afiTembly  of  the  eltates,  made  an  Oration  in  praife  Sa 
 of  Ferleg  profered  to  reiigne  the  Crowne  unto  him.    Bucfach  was  all  t"he  aflem- 
 hlies  love  to  FeritUxris  and  hatred  to  Ferleg  for  this  his  prepollerous  affeftation  of 
 theCrowne.,  that  they  deteited  the  ac\  an(*  denied  the  motion  both  with  rrownes 
 and  Yerball  reprehentions  :  Wheieupon  Ferleg  confpired  his  Uncles  deutl^which 
 being  difcovered,   they  thought  him  worthy  of  death;  but  for  Fmrgmpm  hisfa* 
 thers  fake^is  life  was  fpared2and  he  onely  imprifoned^fcer  which  making  an  efcape 
 he  fled  firft  to  the  Pi&s^hcn  to  the  Britons ,  and  in  the  meane  time  fern  har/s  dying, 
 by  the  treachery  of  Ferleg  a9was  fufpe&ed  ,    Ferleg  by  the  nnanimw  fentenceof 
 *ll  X9M  condemned  and  put  from  his  Crowne  ,    being  abfent ,  and  his  brother  Mainm 
 created  King,     (h)  Dornadida  the  fourth  King  or  Scotland  dying ,    leaving  Rcuther  AjBMmk  - 
 his  Tonne  under  age  and  unfit  to  raigne  ,  the  people  made  Not  at  us  hi?  brother  King  j  1.4.p.ioi,ioac 
 who  playing  the  tyrant,  baniming^murtbering^ndopprefiTingthepeo^  h^Dcnalaoi  i°3>»o4»l*f. 
 (jalJoyvAy  raifedan  Army  againft  him,  expotiulated  with  him  foi  hib  tyranny  ,  and 
 wi(hed  him  to  rcfigne  the  Crown  to  Rentier  ^  wnicbhc  refcung  todo,and  jdttifying 
 his  tyranny ;  hereupon  VnnJd  gave  him  b^tteil,  flew  him,  an d  n-ade  Rcuther  K:;  2 
 without  the  peoples  fuffrages :   Upon  which  the  Nobles  being  offended,  (became 
 the  power  of  the  Parliament  was  by  this  meanes  abolMbid,  and  the  electron  of  the 
 fupreame  Magtftrate  made  onely  by  one  man.)  tooke  up  Armes  both  ag  er 
 
 and  Donald,  gave  thena  batteil  twice  in  one  day,  and  t  -oke  Rnther  their  new  Kmg 
 pnfoner:  whe  afterwards  dying  and  leaving  There  his  forme  an  infant,  Ccarcc  ten 
 yeeres  old,  they^accordingto  the  Law  formerly  ma  e  end  received  in  this  cafe,  r 
 his  unkle  Ruther  King;  who  after  teventeene  yeeres  tarijy  refigned  his 
 
 Crowne  to  his  Nephew  There.,  in  whdfe  cor:.  on  hemadcanU  the 
 
 people  hardly  permitting  ir,  There  fooce after grbwing  very  vitious  and  fli 
 flaying  the  No -les  and  hi  hg  the  Fv'  ;ch  iobbtries,the  Go*, 
 
 the  deplorable  ftate  of  the  Realme.refolvtd  to  punifh  him  for  it ;  of  v.  hich 
 informed ,,  fird  to  the  Britta'ns  ^   where  he  1;  b  Lies  in  contempt  and 
 
 ny,not  daring  to  returne  5   Co***  a prudent  and  man,  L 
 
 rojinthetneanetime,    ,  hich  office  he  held  twelve  yeerc 
 
 There*    In  the  reign*  of  Finnan  the  ten; h  King  vi  Scot  Ltd  ^  thattht  ruocsoi  ty- 
 
102 
 
 fbe  Soveraigue  -power  of  Parliaments  and  Kingdowes. 
 
 ranny  might  be  cut  of7,it  was  decreed ,  That  Kings  fhould  command  nothing  of  greater 
 m  went  to  be  do-  e  ,  but  by  the  authority  of  the  publique  CouncelU     T>urfltu  the  eleventh 
 King, giving  hirnielie  to  all  deboiftneiTe,  firft  banidied  his  fathers  friends  from  him 
 as  the  troublefome  reprehenders  of  his  pleafures ;  and  fendipg  forthe  mod  vitious 
 young  men  to  be  his  familiar  companions ,  gave  himfelfe  wholly  to  luxury  and  ve- 
 nery.    Heprofthuted  his  wife,  (daughter  to  the  King  of  Britain*)  to  his  compani- 
 ons, and  then  banidied  fur.  Ac  laft  the  Nobles  conspiring  againft  him,  he  awaking 
 as  it  were  out  cut  of  fieepe,  confideringthat  he  mould  fiade  no  place  of  fafety ,  nei- 
 ther at  home  nor  abroad,  being  equally  hated  of  ftrangers  and  fubjetts,  thought 
 Nt  blcDifli-  keftto  counterfeit  repentance  or  hi9  former  life,  for  lobe  might  retaineboth  his 
 mulattos.        Crowne,  and  in  tims  inflict  punifnrnents  on  his  enemief.    Wherefore  recalling  his 
 wife  from  exile,  he  firft  of  all  endeavoured  to  reconcile  himfelfe  to  the  Britains: 
 then  calling  the  cbiefeft  of  his  Tub/efts  to  him,  he  ratified  with  a  moft  folemrc  oath 
 the  oblivion  of  his  for  mercoiarfes;  he  committed  every  moft  wicked  perfonto  pri- 
 fon,  as  if  he  referved  them  for  punifliment ,  and  religi©ufly  prornifed,  that  he  would 
 doe  nothing  hereafter  9  but  by  the  advice  of  his  Nobles.     When  by  thefe  things  he  had 
 given  aflurance  of  his  fincere  mind3  he  celebrated  the  agreement  with  paftimes,  ban- 
 quets) and  other  fignes  of  publique  gladnefTe :  and  now  all  mens  minds  being  taken 
 up  with  joy  ,  he  called  moft  of  the  Nobility  to  a  Tapper ;  where,when  he  had  (hut 
 themup  (improvident  and  unarmed)  in  one  roome,  fending  in  his  affafinates,  he 
 flew  them  every  one.   This  calamity  not  f©  much  terrifyiag  as   cxafperating  the 
 minds  of  the  reft  with  new  fLmes  or  anger,  they  gathered  a  great  army  togec  her, 
 all  men  confpiring  to  ta\e  away  this  detefied  msnfter  ;  whom  they  flew  in  batteil, 
 together  with  his  wicked  confederates.     After  whofc  (laughter,  the  Nobles  putting 
 by  cDurfiu4  fonnes ,  left  they  mould  imitate  their  fathers  vices ,  cle&ed  his  brother 
 Even  King  with  unanimous  ceifent;  who  hating  Durfttu  his  tyranny  hadvolua- 
 tarily  banidied  himfelfe  among  the  TiMs.     Sven  dying,  leaving  a  baftard  fonne  cal- 
 led Cjillo^  he  procured  himfelfe  to  be  ele&ed  Viceroy  till  a  sew  King  mould  beeho- 
 fen ,  and  got  the  Kingdome  confirmed  to  him ;    but  yet  not  deeming  himfelfe  fe- 
 cure  as  long  as  any  of  Durfim  his  family  remained  ,  he  treacheroufly  flew  Durfttts 
 his  two  eldeft  fonnes,  with  all  his  kindred  and  familiars  :   With  which  the  Nobles 
 being  much  difcontented,  and  fearing  worfer  things,  privily  raifed  an  Army  againft 
 him;  who  finding  himfelf  generally  deferted  but  by  a  few  fligicious  perfons,who  fea- 
 red punifhment,i-/(?  was  forced  to  flie  in  a  Ftfberboat  into  Ireland:  whereupon  the  Scats 
 created  (fadv  alius  their  Vice  roy,  and  after  that  created  Even  their  King,  who  con- 
 quering GUlo  iri  Ireland,he  was  forced  to  fly  into  a  Cave,wherc  he  was  taken  and  his 
 head  cut  cfF. 
 *  VuchadA'  p-      *King Even  the  third,  not  content  wich  an  hundred  Concubines  of  the  Nobility, 
 109,  no,  1 1 1,  made  a  Law,    1  hat  it  (houU  be  lawfull  for  every  ore  to  marry  as  many  Wives  as  he 
 1 1 3, 1 1 4?  1 1 5,    could  keep? ;   and  that  the  King  fhottld  have  the  may  den-head  of  Nob  !e  women ,  and  the 
 11  t*6.D70  7i   Nobles  of  the  Pis  beans  before  they  were  married-^  an&  that  the  common  peoples  TVives 
 pirt.7.  p.8oj8 1  \  /hould  be  comveon  for  the  Nobles.    Befldes,  luxury,  craelty  and  avarice  were  the  com- 
 82,84,8*, 87,90.  panions  of  this  his  iagitious  life;    he  murthering  the  rich  to  get  their  wealth,  and 
 favouring,  tiec^es  to  ih  ie  in  their  robberies:  whereupon  the   NobitS  and  people 
 confpiring  againft  him  and  taking  up  Armes ,  hedifcerned  how  onfaithfull  the  fo- 
 cietyoi  ill  men  is;  tor  being  defcried  by  his  party  a?  ibone  as  the  kartell  began, 
 
 he 
 
he  ame  alive  into  hi?  enemies  hands, 
 life  being  [pared  by  the  intet 
 
 but  foone  after  he  was  ftrangled  i  bora  he  had  former]) 
 
 jured.    King  fabrcdt  fonne  being  within  age  a;  his  death,  the  Aflcmbly  of  the 
 States  wade  DdrJan  King,  who  within  three  yceres fpacc  lufhing  into  all  I 
 
 vices,  banmfted  all  prudent  and  boncft  men  out  of  hi>  Court,  kept  none  b 
 reis about  him* flew  Cardorm^  and  divers  others  renuou  .. hoadve  til 
 
 of  his  faults ;  and  to  take  away  the  fcare  of  fuccetfion,  plotted  the  death  of  forked, 
 Galdus,  and  others:  whereupon  the  Nobles  and  people  by  utwimom  confent  rofe 
 tip  again  *i  bim,flcw  his eviK  inftrument sprouted  his  F trees t  toe^e him  prifener,  whtlft 
 he  was  about  to  murder  him f elf e  y  cut  of  his  hfad  (which  they  carried  about  for  a  U 
 ing-ftocke  ^)and  threw  his  corps  into  a  Hikes,  after  he  had  raigncd  foureyecrcs.  Lu  ': 
 the  22 King  of  Scots,  giving himfelfe  wholly  to  Wine  and  Harlots,  fparingthe 
 ckaftity  of  none  though  never  fo  neere  allied  to  him,  nor  their  hnfbands  never  fo 
 great,  deflowring  his  owne  Sifters  y  Aunt  sfDattghters  ,  pyning  inhumane  cruelty  and 
 infatiable  avarice  to  his  luft,  and  depraving  the  youth  of  ihe  Country  c<  rrupted  by 
 his  example  ,  when  as  no  man  durfl  rellft  him  5  was  at  tail  u  d  before  mm  tsff- 
 
 fembly  ofthechife  men;  where  being  more freelj  reprehended  for  thofe  crime  s%hi 
 manded  the  chief e  0}  them  to  be  drawne  away  to  puntfbment^Mt  fediticus  ,  calling  them 
 old  dotw?  fooles.     tvhtruipon  the  people  afewbling  together,  /lew  b  th  him  and  the  in~ 
 firuments  of  l::s  wicktdneffes ,  when  he  had  Carce  reigned  three  yeer-es  fpace.     Mo- 
 o&ldvu  was  clewed  King  in  his  place,  who  carefully  reforming  all  the  abufes  and 
 
 they  weary 
 
 with  one  or  two  Companions  jnfecret  places/cekixg  to  efcape  fa  flight ;b at  was  at  Lift  t*l\cn 
 andflaiae*  (fonarus  his  fonne  and  lucceflbr  giving  himfelfe  to  all  manner  of  li.xu- 
 rie  and  luft,  brought  the  Realme  in  Qiort  time  to  great  penury ;  givirg  Lands  and 
 richesto  molt  vile  and  naughty  perfons,  becaufethey  favoured  his  corrupt  living^ 
 and  invented  new  exactions  upon  his  people.  Whereupon  fummoning  a  Parlia- 
 ment he  demanded  ^Tribute  of  them  to  fupport  his  State  and  Court  in  Honour  •  who 
 taking  time  to  deliberate,  and  underftaniing  at  laft,  that  this  his  hunting 
 after  money  proceeded  not  from  his  Nobles,  butfrcm  the  inventions  of  Court- 
 flatterers,  they  refolved  to  commit  the  King  to  ward,  as  unfit  to  goverue,  unti'Ihe 
 renouncing  the  Crowne,  they  mould  ele&  another  King.  Whereupon  the  next  day, 
 he  who  was  rh  ft  demanded  his  opinion,  Declaimed  fharply  againft  the  Kings  for- 
 « rner  life,  his  bauds  and  companions,  as  unprofitable  in  warre,troublcfcme  in  peace, 
 '  full  of  (name  and  difgrace:  (hewed, that  the  Kings  revenues  were  fufficient  to  n 
 ctain  him  if  he  lived  within  compafTe^that  the  reft  might  be  fupplied  out  of  the  cftaes 
 c  an(j  by  the  death  of  thofe  on  Whom  he  had  beftovved  the  pubhque  patrimony;  and 
 c  that  the  King  in  the  meane  time  fhould  be  committed  to  cuftody ,  as  unfit  to  rule, 
 *  till  they  elefted  another,  who  might  teach  others  by  his  example  to  live  i] 
 «  and  hardly,  after  their  Countrey  cuftome,  and  might  tranfmic  the  difcir  line  u 
 'ved  from  their  ar.ceftors  to  poftenty.  With  which  free  fpeech  he  growing  very 
 aogrv,  infteadof  pacifying  their  discontented  reinds.  inflamed  (keaimorcwitb  his 
 5  c:i 
 
1 04  T^he  Soveraignc  power  of  Parliaments  and  Kingdowes* 
 
 cruell  threatnings;  whereupon  the  Kivg  being  Uidh.-nds  on  by  thofe  who  flood  next  him 
 was  flmtup  in  a  Hall  with  a  few  attendants :  hi*  Qourtiers^  the  Authors  of  ill  counfcB.  were 
 prefently  brought  topunifymen:  9   And  Argams  a  cfobltman  mid  Vtce-roj  till  the  people 
 JbcHldmnttoel  &*new  Ki*g,  a'ter  wMch   Centre  {pent  with  g  kfe  and  (uknetTe, 
 "diedinprifon*  King  Erhod.u*  hisfonne  being  an  infant  his  brother  Tet  rate  U  vim  cho- 
 fenKing,  who  murthering  hit  nephew ,  cut  ing  off  divers  of  the  N  bles,  and 
 fpoyli  g  the  caramon  peoxle,to  elfablifti  the  Kingdemt  in  him(elfe,begrew/*  idiom 
 andfo  much  d  minifi  this  authority  in  *  fiort  time ,  that  hffitrred  up  divers  [editions  3 
 which  he  not  daring  to  go?  abroad  to  fupprefe^  bJngg-nerally  hated,  was  at  lafl  ftra-ngled 
 by  his  oven  followers  m  the  nighty  in  his  <<wn  Houfo*  Etkoduf  the  2*  being  a  ftupid  man3 
 and  of  a  duller  wit  then  was  iuitablcto  the  government  of  To  fierce  a  people,  the 
 Nobles  hereupon  a (TtmbJ ing  together  0  tof  thcL  refptft  to  the  fcrailv  of  Fergu8w% 
 would  not  whoiy  deprive  him  of  the  name  of  a  King,thougb  he  weie  (lot  hful>.  being 
 guilty  of  no  crime,  but  t-Jfigned  Him  governou*  s  to  execute  Juftice  in  every  Cocnty  : 
 at  laft  he  was  fl.tin  in  a  tumult  of  his  familiars*  King  Athirco  his  fbnne  degenerating 
 frcrri  his  former  vertues ,  and  growing extreamely  covetou8,angry,luxurii,us. (loath- 
 ful), and  leaving  the  company  of  all  ^ood  men  ,  was  not  affirmed  to  goc  openly  in 
 *he  fight  of  the  people  playing  upon  a  Flute»and  rejoycing  more  to  be  a  Fioler5then 
 a  Prince ;  whereby  he  became  very  odious  to  the  people:  at  laft  raviming  the  daugh- 
 ters of  Nathalocm  a  Noble  man  5   and  then  whipping  and  profticuting  tfecra  to  his 
 lewd  companions  luttsj  thereupon  the  Nobles  rifing  up  in  Armes  agaiuit  hiai3 
 when  he  had  in  vain  endeavoured  to  d-fend  hiirjelf  by  force,  being  generally  defertcd by 
 hu  own  people^  who  hated  him  for  his  wic\edtn§e.  he  murthered  himfeifc  and  bis  brother 
 T>  onus  was  enforced  to  flie  with  his  little  on  s  to  the  Fills  to  (  ve  his  Wit.N athaluke 
 fucceeded  in  hk  Regime,  gove  ning  it  ill  by  indigent  ordinary  pcrfcr.s ,  who  would 
 attempt  any  v\ickednt(Ie,and  treacherouQ,  itraugling  divers  of  the  Nobility,  who 
 v  ere  oppofitei  to  him,  in  the  prifon  to  which  he  coaamitsed  them ,  to  tftabiifii  his 
 R'.ngdonae  $  thereupon  thtir  rriei.ds  with  others,  £«*£  more  enraged  againfi  him,  rai- 
 fed  an  Army  tofupprejfe  him;  which  whiles  he  endeavoured  to  refift,^  wasfiJn  by  one 
 ofhiscwufervaxts,  or  as  fame  fay,   by  *  Sorcereff*  with  whom  he  confuted  to 
 know  his  enc'.     King  Fmdocke  being  t readier  ufly  fl^in  through  the conspiracy  of 
 Carantim  his  fecond  brother,  DonaldhU  third  brother  wis  elefted  King.  Dontld  of 
 the  Hks,triui  ping  the  Realme  by  violence,  fo  f^rrc  oppreflcd  the  people  by  ill  offi- 
 cers and  difcords  railed  amongtt  them,  that  he  durft  ieldome '*ire  abroad  ;her<ver 
 laughed  but  when  he  heard  of  the  dij cord  and  jlaughtercfbis  Nobis :  for  which  f>e 
 was  at  laft  furpiifed  and  flaine  by  Crathttint hu4 ,who  was  unanimoufly  electee  Khp, 
 and  flew  all  th  s  tyrants  children.     After  the  death  of  Fireormarcb  there  were  gieat 
 divifions  and  warres  for  the  Crowne  between  Romach  and  lAngufitn^Q  brethren ; 
 Ramach  at  laft  conquering  his  brother  ad  chafing  him  into  Ireland ,  gained  the 
 CcowD  rather  by  force,then  love  of  the  peoplej  wJiich  to  preferve ,  he  Lhewed  him- 
 felre  very  crueli  totheadverfe  party,  reduced  ctpitall  caufes  to  his  owneaibitre* 
 xt  ent,  and  putting  many  to  death ,  ftrucke  a  generall  feare  in  all  good  men  :  Upon 
 t'ki   he  grew  Co  generally  odiou*  to  all  eftates ,  that  they  confpired againfi ,    and/up' 
 pre  (fe  4  kin*  before  he  could  coi4c&  his  Forces  $  and  anting  cjfbis  headt  carried  it  about 
 m  a  Pollt  *sajnycull  fpettaele  to  the  feojle. 
 
iht  Soverugm  Power  ef  tarhtmtnts  ana  Kingdoms.  105 
 
 k  Cor.fiantine  the  firft,  of  ±cotla*d,  as  foone  as  he  obtain  ownc,  loi  led  the   k  Eu  -.  , 
 
 remes  to  all  Vices ;  hcuas  crucllanucovetct:  :  -;  lu  ^t  c<  m~    146.147 
 
 pan>  withm  n  of  the  L  aicil  Rankc;  uavc  I  untckrc  oncly  to  tht  rapfll  or  n  aides,    .  *6, 160* 
 matrons, and  immoderate  fcalts,hav mi;  ridUrs, Stage- pUy  era,  and  ir.iniiwrs  or  all    \7  >Gn 
 forts  of  pictures  almo< I  abontnim:  With  which  vies  the  Nobles  o1  Scotl**A\  e-    \  VL7  p.$4. 
 ing  offended,  admonifhed  biro  of  his  c'uty.  liuc  he  pre  udl    c  ng  them,    l1*' 
 
 Wilhed  thcuito  lookc  after  other  matters,  laying,  he  haj  counccll  encugh  from 
 othes,  and  that  they  ihould  lay  alide  their  taiic  hope,  thut  they  could  reciaimcthc 
 King  by  chsir  Counccll.  Qn  thecontrary  he  wasol  fo  poore  1  dej  cl  d  Spirit  to- 
 wards his  enemies,  tl  at  he  nor  oncly  graucd  chem  peace,  bot  ummed  tbcmin- 
 juries,  andrcllorcdthem  Catilcs  as  ioo;ic  as  they  demanded  them.  Which  caufed 
 chc  ^Pitls. and  Scot s to  confult  together  to  depoic  him  by  force  of  Armcs;  from 
 which  Dcuglajfc  difl waded  them  for  the  pr dent, by  rcalon  of  their  torraignc  wars 
 with  the  Brit a*s and  Saxons;  In  the  end,  he  was  llainc  for  ravifhing  a  Noble- 
 Rians  daughter  in  tlie  1 5 .  ycarc  of  his  Raigne.  K11  g  Goran  was  flaine  by  the  peo- 
 ple for  favouring  iTw^rchieteli  quilitor  or  judge  of  capitallcaules,  who  much 
 opprcfTcd  the  people;  his  children  being  young, fc'i^Mw  luccccdcdtothj  Crown; 
 and  afterwards  his  brothers  C6ng*lut  am  Kum*itc^zitzi  whom  Arc  an  the  fonnc 
 of  King  Goran  reigned.  f'eiqhi-ardtl)C)2  King  of  S^rjacrafticmaii,  d  cluing 
 toturnethe  Kingdomeinroa  tyranmc.nounrheagrca*  divisions  amoig  the  Nobles  j 
 but  they  difcovering  his  malice  privily  enter  into  ah  accord  amoi  g  thcmiclvcSjand 
 calling  a  Parliament^  fommoned  him  thereunto:  v.  ho  lefniir  g  ic  apj  eare,  keeping 
 wiihin  his  Cattle;  they  thereup  ntookeitby  fore--,  and  brt-ugl  t  him  to  judge- 
 ment agam(t  his  will;  where  many  and  grievous  cnm.  s^amoogochen,  his  cruelty 
 sincinegligcpcckin  the  ktfaires  of  the  Ccmcror  -wealth;  the  Pel .-j£w*Hwrcfie,  with 
 ^oricimpcof'Bap^tu'.c,  andtheothct  Sacranem.% -vierc  obj.clvu  bgaiuft  Lmj  of 
 cone  whereof  he  being  able  furficiently  to  pu»e,e  himhelfc,  was  caftinto  prifon; 
 Where, out  of  fhameand  forrow.  he  flew  huriiclft.  ffrfmkarld  t  e  fecond,aman 
 polluted  with dlikindc  of  wickedn^fle,  anunfaiiabJe  dehrerci  W/rc  and  money, 
 ihhumarely  crucll  towards  me»ir and  m  pioLStowsrdo  God,  Ufhrri  he  had  every 
 Where  vexed  others  with  cruelty  anr!  1  \\  bit  ti..i<d  Ns  h:ry  a^ainn  his 
 
 owr^q^yu  g  his  ownc  wife,  ar»d  lavifii-nL  fcert:  ft  -  which  wic- 
 
 kednt.flrshc  Wascxcom.riunicated;  butthc  Nobles  v.iiiu  •-  CO  a;ieo>:Ie  . 
 topunifhhim  w  rcdifwadedby  noly  BiiTv>pO  w.*», who  told  rhc  King  openly, 
 tkstpMK  D ev'me pdgeme. t  would fj^tly  (cUe  r>p«4  bitft,  which  :eh  ^nt accord: 
 ly,  for  falling  into  a  Fcav<ur,and  not  ab'tainingfroui  his  i.-  em\  craooc^hrwas eaten 
 up  of  lice*  M«ld*in  5  e,K  ng  of  Scot/an    wa>  ftrangicd 
 
 of  Adultery  withao  Harlot;  for  which  facl  iric  her  Iclfc  ws  burned  4dayes  after.  >  y- 
 Amber^eUthns  a  vicious  wicked  king, was  (lain  by  one  or  his  o  Vn  a.cn, *.».  ttfa  an  ar- 
 row in  the  night,when  he  was  marching  againil  th  TV \r  whereupon, left  the  Ar- 
 my (hould  be  didolvcd  or  left  wichoutaGrnerall,  Euqcnius  the  7'11  wto  prcfently 
 chofen  King  in  the  Tcnto :  who  making  peace  with  the  rf&'jfrf 
 in  his  bed  by  t  wo  confpintors  who  fought  his  life,  the  king  bcir£  u  peft.d  or  Mm 
 murther  was  thereupon  imprifoncd;  but  before  his  triQliier  at  liberty,  by  the  ap- 
 prehenfion  of  the  Murthercrs.  King  En^mus  the  8:h,  rufhing  ioto  all  Vices, 
 ancj  neither  regarding  the  admonition*  of  his  Nobles  or  Clcrgic,  re*  for  bu  fa 
 
 00  m 
 
106  The  Severaigue  Power  of  Parliaments  and  Kingdomes, 
 
 te$s%covetotifne§e,  a^dcrttdtf^flaine  in  the  afcmbly  of  his  Lords  by  their  getter  all  eon* 
 fent,andhis  comptwoHs  in  wicked*: (fe  and  villany  hanged,  which  was  a  gratefull 
 fpe&acle  to  the  people.    Fefgufim  the  third  fuccecded  him  both  in  his  Crownc 
 and  Vices;  he  was  a  fouls  drunsen  glutton,  and  fo  outragioufly  given  to  Harlots, 
 that  he  n*glecl::d  his  ownc  wife,  and  brought  her  tofuch  poverty,  that  (he  was 
 forced  to  fcrve  other  Noble  women  for  her  living;  wherefore  to  expiate  this  dif- 
 grace,  (he  murthcred  him  in  his  bed,  and  afterwards  flew  her  felfe  alio.  Donaldtho 
 70  King  of  Scotland  >g&vc  himfelfe  whsly  to  his  pieaiures,  keeping  none  but 
 Hunters,  Hawkers,  and  inventors  of  new  luffc  about  him,  on  whom  he  fpqnt  the 
 revenues  of  the  Real  me,  by  which  he  corrupted  the  youth  of  the  kiugd^mes 
 which  the  ancients  of  the  Realme  difcerning,  atfcmbled  and  went  to  the  King, 
 admoniiliing  him  of  his  duty;  which  he  not  withltanding  neglected,  till  the  wars 
 roufed  himup.  Which  being  ended,  he  returned  to  his  priftine  courfes  •  Where- 
 upon theNbbles  fearing,  left  rhis  filthy  and  (loathfull  man,  who  would  neither  be 
 amended  byjthc  coiioccls  of  his  friends,  nor  calamities  of  his  people,  ftiould  lofe 
 the  remainder  of  the  Kingdoms  which  was  left,  caft  him  into  prifon;  where  for 
 grief e  ofmis  inhibited  pleaf  urcs,  or  (care  of  publikc  flhame,  he  lay d  violent-  hands 
 upon  himfelfe  0«/fci*w»*thcfccond  was  inhibited  by  his  Senators  to  make  war 
 before  hehad  reformed  the  corrupted  youth  ofthc  Realme  by  good  JLawes;  after 
 lyhich  ha  was  flame  in  battlcby  the  Danes*  King  Mthw  his  brother  and  fucceffor- 
 polluting  himfelfe  with  ail  vices,  and  drawing  all  the  youth  of  the  Country  /prone 
 towicfodneffej  with  him,  he  was  thereupon  fciled  on  by  the  Nobles;  who  ma=~ 
 king*  long  Oration  to  the  people,  wherein  they  related  the  wickedneffes  of  his 
 whole  life,  he  was  forced  to  renounce  his  right  in  the  kingdome,  and  dyed  in  pri- 
 fon of  griefs,  within  three  days  after*  Gregory  being  made  King  in  'hifrfteadC**/?**;1 
 i'm.i  the  third  turning  Mcnkc,  Mdchombe  was  elected  king,  who  was'  flainc  by  tho* 
 confpiracieof  thecves;  whofe  fonne  Duffies  being  an  infant,  Indnlftu  enjoyed  the* 
 Crnwne;  to  whom  Duffus  Succeeding, was  murtheredby  Bonalh  whereupon  a 
 Parliament  was  affembled  to  chufe  anew  King,which  elected  Cnhnwiwho  atlaft- 
 degenerating  into  all  licentioufncfle^avifiicd  Virgins,  Nunn€s,  yea  bis  ownefi* 
 Hers  and  daughters,  and  fct  up  a  kinde  of  publicke  ftcwes.  For  which  fcciog  re- 
 prehended by  the  Nobles,  he  excafed  part  by  rcafon  of  his  youth ,  part  by  reafon  of 
 karcand  acknowkdgeing  his  forrow  for  the  refidue,  promifed  a  nendment.  But  r 
 he  not  reforming  upon  their  admonitions,  they  departed  from  Court,  that  they, 
 might  neither  be  witneiTcs  nor  partakers  of  his  vices:  The  king  freed  of  their  trou- 
 blefom e  company  gave  himfelfe  wholy  to  fearing  and  venery,  fpending  nights 
 anddayesindi(hone(Hportsandpleafures  with  his  dhTolutc  companions;  and  to 
 maintaiic  his  luxtnrie,  he  pillaged  and  oppreffed  his  Subje&s,  efpccially  thofe 
 who  were  rich;  and  by  his  diforders  fell  into  a  grievous  fickneffe,  which  made 
 him  a  deformed  carcaflfe,  fit  for  nothing  buttofuffer  the  penalties  of  bis  vitious 
 life,  his  Courtier  and  companions  fpoyling  the  people  every  where  in  the  meane 
 ttoqfe  Whereupon  the  Nobles  were  enforced  to  fummon  a  Parliament  at  Scene? 
 where  the  king  was  commanded  to  be  prefent,that  together  with  the  reft  he  might. 
 conluUhow  to  proviie  for  thepublicke  farety  in  this  precipitate  State  of  things  .• 
 vAth  v/bfcb  fooimons  being  awaked;  he  begin  toconfuk  with  his  companion^ 
 v*WjW-fe$  tobedoflsfo^hisQwac  fafetyin  thefc  exigents .•  being  unable  to 
 
The  Soverwgne  Power  of  iUrluxmcms  and  Kingdoms. 
 
 refill  or  ticc,  hcrciolv.d  to  goc  to  tic  Pailiamcnt,  hopirg  to  :  lvf(  , 
 
 there  for  I  is  good  ♦at!  crs  fakc.to  prefer vc  him  rrom  tailing  into  c  ttnafnc  mifciy 
 but  in  bis  way  ti  ithcrbc  wasflaineby  thcTlnoc  or  tic  Country  for  his  vi< 
 raviihment  of  his  dauyf  t€r;  his  death  was  accci  tabic  to  all,  bec2Lfe  it  ft  ceo  r 
 of  iuchamcnuei  withlelic  larourthcn  tUy  cxp  #cd;  tnAKimmtt  the  third 
 was  made  King  in  his  place:  wio  poylbning  his  Nephew  AUlcolr,  ^hcirc  to  the 
 crown  after  hisdcccai«,tofatlcit  on  his  ownpoftcritUjhccaufcdthc  Lords  in  Par- 
 liament tor  epc  ale  the  ancient  Law  wlerby  rj  »c  C  u  wn  diiccndrd  to  them  x'  of  kin 
 during  tie  minority  of  the  right  bene;  and  to  crarl,  that  the  jevre  fkouUi  f  6m 
 thenceforth  tn  hente  the  crowne  nc.ee  aftt  r  hi*  father  ytb>  ott'ha  CMmerjbd  t  the  Re  i  tmc 
 during  Minority  fio.  Id  be  go-.  ctmUby  a  Viceroy  defied  bj  the  Pay  lament  and 
 NobUs t*llh? came  to  14  jce^es  'fa^e;*ndafttrtbatbj  1  drrda'  defied  by  htm- 
 felfe*  that  if  t  §  Kings  elacjlfo-.n  dydh^'.ngt^ue^he  *§Htfkould  inherit,  before 
 the  ftcord  it  other ,  &c.  Afur  which,  rite  Kinn  generally  bated  r^r  the  poy  toning  of 
 Mmlcolmey  wasiiainc  by  the  pradttc  and  command  cr  Fene&a.  He  thts  cutoff 
 C°*ft  nctne  lur  named  the  bald,:o»nc  of  Culcn, pretending  the  new  Law  concer- 
 ning the  difcent  of  the  CrowiM  to  be  unjulr,  obtained  by  force  and  contrary  both 
 to  the  publickc  liberty  a. id  f<*! cry,  to  wit,  that  an  infant  (commonly  governed 
 by  a  wocnan^teing  unable  to  govcrnc/rrepulic  an  enfmy  in  times  of  dai  ger, 
 ycaacurfeot  Godupona  Realme,  and  therefbrcnot  tobecnduicd   ^r  furled  by 
 a  Law,cfpccully  in  thofc  time  of  warrc,  when  they  had  fo  many  cr.eruies  j  ihould 
 be  preferred  before  a  Kinfman  of  full  age,  (it  to  raignc;  ibambitirLily  fbLght  the 
 Crowne  and  made  ib  "nan/  ;riends,  that  he  procured  himfelfe  to  be  proclaimed 
 King  at  Scone;  which  Malcolm?  fonnc  of  Kenneth  (Tor  whofc  iflkc  thL  new  Law 
 wasena^ajundcrr*andii]g,prcfentlyraifcdall  tnc  Forces  he  could,  which  be- 
 ing conducted  by  his  brother  A' 'enmth%Conft amine  and  he  in  the  f.cond  encounter 
 were  both  flainc  one  of  another.  After  /-hofe  death  Grame  the  fonnc  of  D»ffH* 
 ufurping  the  Crcwnc,  when  he  and  Malcolme  were  rer>dy  to  encounter  with 
 their  Armes,this agreement  was  mad?  b.tweene  them  by  Forthred  a  Bifhop,  that 
 Grave  ih)u\d  retain?  the  Kingdome,and  the  new  Law  of  fucccfii.-nte  impended 
 during  his  life;  and  Malcolme  fuccceds  him  after  his  death.  Af:cr  wbicl?  Grame 
 giving  himfelfe  to  all  difTolutenefle,  covetoufneile  and  epprcfli  n,  2nd  warring 
 upon  thofe  Nobles  and  Councellors,who  advifed  him  to  rt  forme  his  evill  courier, 
 with  greater  cruelty  than  any  forraignc  enemie,  destroying  both  men,  townes, 
 cattle,  fieHs,  and  making  all  a  common  prey;  hereupon  they  called  m  '-'s.lco'me 
 out  of  Nor t'^umb-r l> nd  to  aiTi  I  them,  who  encoontring  Grave,  on  Aicentiofl 
 day,t>okehi.n  prifoner,being  deferred  of  his  people,  wounded  in  ine  head,  and 
 then  put  out  his  eyes;  who  fojncaftcr  dying  of  f  >rrow  and  hi?  v^ounoV;    W/* 
 cWwtf  thereupon  fu-nmon-.-d  a  Parliament  at  ScorewA  would  not  take  th:  Cro  vn 
 till  the  Law  concerning  tiiefucod&  u  made  in  h<s  fathers  rai<Z'.K,wasratiru*a  h  -il 
 thcr  confer,ts:a^inn;  which  La  .</ ^«c^i7fj»exceedin^ly  inveighs  in  th- 
 of  his  feventh  Boo!<e,asthsocci(i  m  md  irrcreafe  of  all  thole  mifchiefes  both 
 King  and  Kingdomc,  which  it  was  purpofcty  made  to  prevent.  This  M*ic*  'me. 
 tcr  he  had  raigned  long  vi&orioufly  with  much  honour,in  his  declining  age,gro 
 ing  very  covetous,  tooke  away  the  lands  he  had  formerly  given  ^^  N  Voles 
 for  their  good  fcrvicciii  the  wars,  anipuni;lktd  divers  0^  the  w*  men  i  i 
 
 Oo  a  fevcrdy 
 
 107 
 
xo8  The  Soveraigne  Power  of  Parliaments  and  Kingdomes. 
 
 icverely,  that  he  brought  many  of  them  to  death,  others  to  extreame  poverty  $ 
 which  injuries  loft  him  all  hij  love,  honour,  and  fo  farrc  exafp  crated  the  people 
 tbut  partly  out  ofrevenge,partly  t&  prevent  farther  oppreffims  and  to  provide for  their 
 KBucbAw.    ^^^^^corruptinghisfcrvantswith  money,they  fe^ttheir  agents  intohis 
 115.10130'    chamberinth«night,andflwhira.  Not  to  mention  the  viiurcbcroi  King  m  Dvn- 
 can  by  UU<tcbbedswho  ufurped  hi*  Crowns  through  his  pufillanimity;  this  Macb- 
 v?%*7*io?'r  ^oaM^wgoo  kind  of  !ibidinoufaen%cruclty,and  tyrannizing  over  the  people  for 
 j.8  yearss  foacs  together,  rruftiag  to  the predictions  of  certairtc  wifards,  that  he 
 fboxldneven  be  overcome  till  Bern  Me  wood  did  come  to  Dunfina^e  Caftle,  and  that 
 ■  he  jhouldnever  beflnne  by  any  man  borne  of  a  w'man.  At  laft  Mackdttfe  governour 
 i  of  Ftffe  jbyning  himfeifc  to  fomc  few  patriots  who  had  cfcaped  this  Tyrants 
 '£wot&>  mttbt  Bernave  wood,  and  early  in  the  morning  every  man  bearing  a 
 vbdjigh.ih  his  li'aiwl^he  better  to  keepc  them  from  difcovcry,  tookc  Dunjmant 
 Cattle  by  fcalado  :  whence  Markhed  efcaping  was  purfued,  over  taken  t  and  urgsd 
 to  fight  bp  Afackdaffe,  to  whom  the  Tyrant  replyed  in  fcorne,  that  in  vainc  hce 
 attempted  his  dcat^,  for  it  was  his  deftrnie  never  ro  be  flaine  by  any  man  borne 
 of  a  woman  :  Now  then  [aid  Mackduffe,  «■  thy  fat  all  hour  e  come9  for  I  never  was 
 borne. of  ti  woman,  but  violently  cut  out  of  m)  mothers  wombe,  fie  dying  before  I  wot 
 bom?;  which  words  fo  daunted  the  Tyrant,  though  otherwise  valiant,  that  he  was 
 cafily  flaine,  and  Malcolm?  Conmtr  the  true  hcire  of  the  Cro  woe,  fen  ted  in  the 
 Throne.  King  Donald  octng  odious  and  craell-tohis  fuhjecls,  they  fent  for  Dun- 
 can Malcombes  baftard^wbo  expelled  rum  the  Rcalme,  and  was  created  King  in 
 his  fteed ;  who  proving  harfti3  crusll,  and  Imperious  to  his  Stabje<5tsr  fell  into  their 
 hatred,  2nd  was  behaaded.  in  the  night  by  Mzrpender  Earle  of  LMnrry,  corrupted 
 with  money  by  Donald  to  murther  him*    Donald  permitting  the  ldcs  to  be  taken 
 and  poffifled  by  Mtg^m  King  oi  Norway  y  and  fuflfering  his  Rcalme  to  be 
 wafted  by  a  fecrei-  agreement;  thereupon  the  Scots  fent  fof  Edgar  Malcombes 
 fonn ?,  tota\e pcfejjion  of  the  Qrowte, who  entring  into  Scotland,  with  fmall  forces, 
 I>,onald~btm%  deferred  by  his  people.-  betcoke  himfelj&to  flighty  but  being  apprehended 
 and  brought  bacfe  to  Edgar  %he  was  caFbhtoprif  r^and  not. long  after  dyed.  King  Mai- 
 colmz  the  four  ib^  at  a  Parliament  at  Yorkepmm%  with  divers  of  hi*  Growne- lands 
 to  King  Henry  without  his  peoples  confents   fo  farre  incurred  their  hatred,  that 
 upon  his  returns  thy  b.fclgedhim  atlBarwick)  and  ahncft  tooke  him  prifoner^but  by 
 the  mediation  of  L>rne  of  his  Councel].*  who  informed  the  Noblcs.fW  the  King 
 wa/s'y  viole'4C6&fra&ici*CHmventedby  the  Kino  $f  England ,of  the  ancient  patrimo- 
 ny of  the  Crowne  land,  they'rdblved  to  recover  it  by  war:  ths  S  cot  ti-fti  Nobility  af- 
 &>:rv.iagj  hat  the  Kin^  had  not  any  poorer  to  dimwjkjr  part  with  any  ia*dt  appertaining 
 - %wh }  8  p.     t0  f^s  Gror*n  wthsut  all  i'uir  content  tin  Pa? Hams*  t  This  K\Q9,  after forse  encoun- 
 il&.lVaifi-'g-  ters,  making  a  peace  with  the  Englifiap  m  unequal!  terme^whenn he  parted  with 
 Mat.jF.eJlm.    fome  of  his  ancient  territories,  out  of  his  pufilanisnit y,  againit  his  Nobles  confent; 
 llsbitn  Hotin,   hereupon  he  grew  fo  odious.-  and  contempt 'ble  to  them,  that    hey  *  were  aU  weary  of  bio 
 
 **    i '?   th*     &*?e™fy  'M>  *  ^  cAHfe^  manJ  t0  ta^  u?  ^rm  °s  an&  Resell  again?  hinK 
 l^roi^M^^  R  After  the  death  of  King  A'exanderihc  third  there  was  a  Parliament  fummoncd 
 th^.i  V/Ul-     at  Soon?  to  confult  about  the  creating  cfa  new  King ;  and  the  government  of  the 
 jittgbim  T^>-     p^^aimejduring  the  inter -r&gnnrfc  where<^rft  of  aH-they  appointed  fix:  men  to  rule 
 ^&M.£*79r    the  jXcalixi:  focjthcptcfsjn^and  thai  heard  tjul  difcujOfed  -thelcvcrall  Titlespre* 
 
The  Soveraigne  Power  of  ftrliaments  andKmgdmts. 
 
 tended  Co  the  Crownc,thc  final! determination  jvhereof,  they  referred  to  Ki 
 Edwari  thj  riritof  England  as  to  the  Suprcamc  Sovcraignc  Lord  of  the  Real 
 who  (clcding  1 2.  S^/r /£,and  w^^^Counccliorstoaffilihim ;  After  full 
 hearing,  bv  gencrall  coi  lentof  all,adjuji;cd  the  Crown  to  lot. n  B*j I u> II,  husband 
 to  King  Alexanders  rustic  It  Kini  woman ;  The  Scots  confidering  his  fimplicity  and 
 unaptres  to  govenic  them,  and  kar*.c  confiding  in  him  being  an  l£nglifhri:an;ar.d 
 elcelca  by  thcK.ofi-^A^co'.titutcd  them  12. Pea  sorter  the  manner  of  1  r**ce% 
 to  vi it,  4.  Bifhors,  4.  £arlcs5ar.d  4.  Lads, by  v  hole  adulc  the  King  and  all  the 
 affaires  of  the  R  :aime,v.  ere  to  be  governed  and  direct  d;  He  was  taken  and  kept 
 prifmcr  by  thel  r.giifli.  a  After  the  death  ul  Robert  Br*ct,thcScoti  before  their   *Bttdmn  t 
 King  was  crowned,  created  zj'ke  Roy  to  govern  he  Rcalmc,  \  h    iupprdlcd  the   9.10.11*11/ 
 thceuc>,and  Robbers:  £dw*rd£a  hoi  fonnc  to  I*hn  2?<y //'<?/ iuccetiirg  time?,  was  54-' 
 
 afterwards  rejected  and  depoieab'v  the  Scots,for  adhcrcingtoodofUy  cu  the  £ng-   *M*»»4*3« 
 liih  &  K.Edward.MvS.  David  Bruce  elected  K  in  his  place.  Kobrrt  the  z/l.of  Scotland 
 .when  a  peace  was  propounded  bet  \kCL\iTraneeyEr:gl  *dywo\  ScotJa»dby  the  Pcpe, 
 Willingly  commented  thereunto, but  his  Nobles  being: againft  i~>»  is  aflcn:  alone  was 
 in  vaine  ;  becanfetbe  Kingof  «SW/W alone,  can  make  no  firme  peace  nor  truce. 
 nor  promife  which  iliall  bind,  but  by  publikcconfent  in  Parliament.  King   Rcl-ei  t 
 the  ^dying  of  grierc,  for  the  captivity  and  impnf  nment  of  his  *on  Lmest  taken 
 prifoner  by  our  KingHotry  t  e4^.as  he  was  going  mtoFrancc%\hc  Scots  hereupon 
 appointed  Robert  his  uncic,by  common  coulent,f?r  their  Vice>roj,  till  lames  rhe 
 (firft  of  that  name)  right  Jieirc  of  rheCowne,  were  enlarged.  lamescQing  izced 
 and  Crowned ,  fummoned  a  Parliament^,  herein  an  ay de  was  granted  him  to  pay 
 bis  ranfome,  with  much  dirncolty.-hehad  many  Civill  wars  with  his  Subjects, 
 and  at  laft  was  murtbcredbyi?^rr;  6V,a>wr  and  his  confcderats,iroui  whom  he 
 received  28.  wounds  in  his  Chamber  in  the  nighr,wherof  hcprelcmly  died,  laves 
 the  2.  his  fon, being  but  7.yeares  old  at  his  death,  A/exa-dr  Le:iJlon  wascho- 
 fen  PrcteCtorsand  Willum  Crick***  made  Chancellor  by  Parliament;  Which  the 
 iarle  Douglas  forming  ar,  committed  many  infolencics  in  a  hoftile  manner. 
 Auer  wbkh,M*x**Mr  and  hi*  faclion  oppo(ing  the  Chancellor,  and  comman- 
 ding t,;3t  nans  inoiiJd  obey  him,  the  Chancellor  thereupon  fortified  EUnborou^'- 
 Caitir,  and  as  the  Xicg  was  hunting  early  in  the  morning  feized  upon  him  \v  kfi  a 
 troop  o'  li  >rfe,&  brought  him  to  EdinbttrghQa  1.*..  w.  ere  he  detained  him  from 
 tho  Frotec:or  till  the  peace  or"  tic  Kingdom,  and  prcfent  divilions  mould  be  fct- 
 led:  which  bfi  i  g  ve  v  1  >ng  by  reafon  of  Eirlc  Douglas  his  ambition,  power,  and 
 covctcufr.es,  wh  a  railed  r.any  grievous  civiil  wars, he  was  at laft  dabbed  to  death 
 by  die  Kiog  1  im  cUc,  Anr.o  1452,  contrary  to  his  promifj  of  iafc  conduct  to  the 
 Court.  u:der  the  Kings  ard  Nobles  hands  and  (bales:  Whcruponhis  brethren  and 
 Confederate,  meeting  at  SterltKgseloWci  to  revenge  his  deatb,and  tied  the  Kings 
 and  Njbies- writing  offafc  concuiltoan  horfes  taile,  which  they  led  thiough  the 
 Greets  of  £w/*'*£,  raihng  at  the  King  and  his  Councell  as  they  went,  and  when 
 they  came  into  the  market  place  (where  they  had  500-  trumpets  founding)  they 
 h  **  Herxldjproc/aijtedtk  Kmo  and  ill  that  were  irith  him,  fedtfi  agtu%  pcrjure'J, 
 **denemisof  aUgiodmet:  and  then  fpoilcd  andlurned  thcTowne,  Country,  with 
 all  piaceselfc that  were firmetothe  King. bet weene  whom. and  the  kings  party, 
 a  bloody  civiUwarrcCto.thcfpcjylcof  thcCountrcyJ  coatinued  above  Wp  v.  res 
 
 Oo  3  fpKC 
 
j  l  o  The  Sovcraigm  Power  of  Parliaments  and  Ktngdomes* 
 
 fpace  with  various  Gicccflejt  ili  at  lau  witn  much  *irficulty  this  fire  was  extinguished 
 andthe  King  cafually  flaine  wnhthctreakirioi  a  Cannon:  whoicior>nzJ*mfS 
 the  3 .  being  but  7  ye  res  old,  was  proclaim?  d  king  in  the  Camp?,  and  the  C^uccn    I  6?P 
 Mother  made  Regent,  till  a  P*rU*ment  n.igict    e  caUdto  fettle  the  government ;  out 
 ^Buchanan       whentb^  Pailiaiicntaffeaiblcd,  upon  the  hOranon  of  K  net's  Archbifhop  of 
 /.  1  *.p.4l7*/o    Saint  A*dre»es  (hewing  the  Inconveniences  and  urfitnefe  oj  a  rvomans  Governments 
 450.441.  fo      fay  £/ette*6.  Regents  to  go' erne  the  King  a  d  Kc<Ume  during  his  mlnnty.  After      I   B*1 
 p5slo!/  m      ^hich  Bodtus  wo  mad-  Vice-roy  :TI iskuig  being  feduccd  by  ill  Courtiers  and     I  f 
 Counc  llors  which COffuptcd  -uua, thereupon  divers  ot  the  Nobles  a (Iembling  to- 
 gether, refblvcd  to  goe  to  tLc  Court,  to  demand  thefe  ill  Courceliors  and  ieduccrs 
 ofth?:  Kipg  and  then  to  execute  them-  which  they  did  accordingly,  and  that 
 wich  fuch  fury,  that  w  heri  tl  cy  wanted  cords  to  hang  fome  of  them  ney  made  ufc         H 
 of  their  hories  bridles,  and  every  one  (travc  who  fhouid  be  f  *  wardeft  to  doe  this         h 
 execution.  The  king  prom:fr  g  reformation,  was  dilated;  but  in  ftcedcf  refor- 
 ming he  medicated  no:hing  but  revenge,  blood  and  (laughter  in  his  minde;  and 
 plotting  fecretly  to  murther  the  Nobles  in  Edcnburg,by  the  helpe  of  EarleZ)*- 
 £/*/*;  he  detefting  thc  fa&  and  revealing  the  Treachery,  thereupon  the  Nobles 
 who  formerly  defired  oncly  his  reformation,  tooke  up  Armes  to  deitroy  him,  as       [  1 
 one  incorrigible  and  implacable;  whereupon  they  made  the  Kings  fonne  Vice-roy, 
 and  knowing  the  kings  perfidioufnefte,  would  yeeid  to  no  termes  of  peace,  unleffc 
 he  would  rcfignc  up  his  Crown  tohisfon:  which  he  refu(ing,thercupon  they  gave 
 him  battle  and  flew  him,  as  a  common  cnemie.  After  which  calling  a  Parliament, 
 th:y  created  his  fon  lames  the  fourth  king;  who  comming  under  the  power  of  the 
 Dugla[fes9rc(cuzd  himfeifeat  Lad  from  them :  and  invading  England,  Anno.  1 5  42 
 when  he  proclaimed  Olivsr  Sine  leer  his  favorite, Gencrall,  the  Scotcifh  Nobility 
 tooke  it  in  fuch  indignation,  thac  they  threw  downe  their  weapons  and  fuffered 
 themfelvcs  to  be  taken  prifonerej  whereupon  the  king  growing  fickc  with  gricfe 
 >  Buch<U\6>to  an,i  anger,  loone  after  dyed.  *  Anno,  1555.  Mary  the  Daughter  of  king  lames  the 
 thcendofio,  fix:h  of  Scotland,  and  heirc  to  the  Crowne,being  within  age,  her  mother  Queene 
 Hoiitf*  chytr,    Ma>y ,  by  common  confent  was  made  Regent,  and  fhec  by  common  content 
 cbrim.  ta*w<  and  councell  of  the  Nobles,  matried  to  Francis  Dolphmcof  F  ranee.  Jn  the  meanc 
 6\'6t6>*%  6    time  there  hapning  fome  troubles  and  warres  about  the  reformed  Religion,  which 
 stecd/m  the  '  many  °^tns  Nobies  and  people  there  contended  for;  the  Queene Mother,  granting 
 life  o'f  Queen  thofeofthe  Religion,  a  confirmation  of  their  iiberties  and  Religion  by  way  of 
 M iryt  and        Truce  for  6  moncths,  fhe  in  the  meane  time  fends  for  Souidicrs  out  of  France , 
 Qjeene  Eli-     where  with  (he  endeavoured  tofupprcflc  Religion,  with  the  remaining  liberty  of 
 YwTeIzT'   thc  Scots,  and  t0  fubJcft  thcm  to  the  Frexch*  Whereupon  the  Nobles  of  Scotlwd 
 letb  and  o-     w^°  ^00(*  *or  tns  defence  of  their  Religion  and  Liberties,  by  a  common  decree  in 
 thers.  See       Parliament,  deprived  the  Queene  Mother  of  her  Regcncie,makc  a  league  with  our 
 Kvockshis       QitfeneElizabeth9btin%Qt:  the  reformed  Religion,   and  receiving  ayde  both  of 
 Hiftory  of       mtn  ancj  money  from  her,be(ieged  thc  Queene  Mother  in  Edenburgh  Caftle,  where 
 Scotland*         flic  dyed  of  griefc  and  fickaefle.  After  which  they  expelled  theivrw^and  procured 
 free  exercile  of  thc  Reformed  Religion*  In  the  meane  time  Francis  dying,  the 
 Queene  fends  for  Henry  Steward  out  of  England,  where  he  and  his  Father  had 
 becne  Exiles;  marries  and  prodaimes  him  king,  Inly  29. 1 564.  which  done,  ("he 
 excluded  the  Nobility  from  he^CounceJl^and'wa* Wholly  .advifcd  by  Dmid  Rti» 
 
The  Soverdtgnc  lower  of  PArliamcms  and  Kingdomes. 
 
 in 
 
 »w?  a  Snla-d'.an,  whom  flic  brought  with  her  fcut  cf  F*ncc3  and  did  all  thii 
 bylisCiunaM;  wherewith  rhc  Nobles  being  much  d  zd,  finding  him 
 
 Topping  wirhtho^ecncinalicd:  C;;a;n'.rr,com'n3:,^cd  him  :o  rife  out  of  the 
 place,  which  did  little  become  him,  and  drawing  bin  out  of  the  Chamber,  itab- 
 bedhim  to  death,  Anno,  i  ^65.  I  he  ^occnefoonc  after  vca$  delivered  of  a 
 fonnc  and  hcire,  I  *mes  the  6.  and  then  admits  lames  tiepburne  Earlcof  FcthweH 
 into  mod  intimate  familiarity  with  her,  fitting  him  over  all  affaires  of  the  R.alm, 
 gnnti-  fe  nothing  to  av  petitioner  almolt  but  by  himjand  her  husband  Steward  be- 
 ing d/ad  ( vvrhethcr  ot  a  narurail  death  or  poy  fon  is  ycc  in  controvcrfi? )  (hz  married 
 Rockwell  openly,  without  the  Lords  and  Parliaments  confents.  Hereupon  the 
 Nobles  tooke  up  M  mes  againft  2?*rtov*/and  the  Quecn,hc.  cged  the  .^jecntjll  flio 
 rendred  herfclfe  priloncr,upon  this  condition;  that  ll.cfliould  abjure  and  rcfignc 
 hcrintercit  in  the  Crowne  and  Kingdomc  to  her  infant  fonnc;  which  thev  c  >n> 
 pclled  her  to  psrformc,and  appointed  lames  Eark  oiCMorton  Vce-i  oy,and  Pro- 
 tector during  the  Kings  Minority.   In  tie  mcane  time  thej^uccne  was  commit- 
 ted priioncrtotheCaftleof  the  Iflc  of  the  lake  Lenine;  where  corrupting  Du* 
 glajfehcr  keeper, the  Earle  of  Mortons  Nephew,  and  a  fhipmaftcr,  flic  efcaped  to 
 Che  Hamilton*  in  fafcty,  who  having  raifed  Forces  to  free  her,  waited  her  comming 
 onthefluarc:  But  the  Viceroy  icattcringthefc  forces  foonc  after,  the  J^uecnc 
 thcreu<  on  fled  into  Y.ngUnd.  e^w.  156 8 /Where  J^iucnc  YLlUabetk  taking  her 
 CKpulfion  ill,  laboured  that  (he  might  be  relieved  to  the  Crowne,  which  could  not 
 becffcdcd.bucby  Armcs,  or  mediation;  and  neither  of  them  without  knowledge 
 ©fthecaufe.  Whereupon  the  i^neenefent  for  the  Vice-roy  and  Councellof  Scot. 
 /Winco  England,  toanfwerc  thccomplaints  of  their  j^ecne  againft  them;  which 
 they  did  in  a  writing,  feompofed  by  Bttchf.nany  and  afterwards  Printed  both  in 
 Latine  and  Englijht )  wherein  they  (hewed  the  grounds  and  order  of  their  procee- 
 dings againft  their  j^uecne;  wherewith  the  ^^uecne  and  Councell  vverc  fatisficd 
 that  they  had  proceeded  rightly  and  orderly  :  vet  to  keepe  both  fides  infufpence, 
 fhe  pron ounce  i  no  definitive  fentence  :  The  Vice-roy  departing  into  Scotland, 
 Was  afterwards  murtheredby  the  Hamlt§*st±nd  Matthew  Steward  Earle  of  Lc- 
 mhx  made  Vice-roy  in  his  freed.  The  j^uce  c  in  the  interim  treated  with  T'owai 
 HowardDukecf  AT#r/A/*/^,abouta  match  with  him,  and  to  fcifc  upon  the  Realm 
 of  Scot/and,  whereupon  he  was  committed  to  the  Tower, and  fhe  rcfl rained;  after 
 which  fhe  was  folcmncly  arraigned  and  condemned  to  death  by  the  Parliament 
 of  inghni  forconfpiring  ^ecne  EHzibetbs  death,  &c.  and  for  it  beheaded  at 
 Fotherringham  Caltle,F*£.8, 1587  The  Hiftory  of  which  £j<etnts  life  is  mere  at 
 large  related  by  *  Buchanan  and  others ;  and  her  impri(onment  and  Dcpofltion  pro-   %K 
 fcffcdlyjuftified  as  lawfull  by  his  Trcatifc,  Be  ln*e  Regni  *pud  Scotos  (compiled    ^ 
 for  that  purpofe)  to  which  I  fhali  refcrre  the  Reader.  7,i 
 
 What  the  Lords  and  Realm  of  5«f/Whave  done  within  thefe  j.yeers  lair  paft 
 in  defence  of  tfeir  Religion  Lawes,  Liberties,  by  holding  gcnerall  AfTemblies, 
 Parliaments,  taking  up  armes,fciflng  the  Ports  and  Ammunition  of  the  Realm, 
 and  marching  into  England,  againft  the  Kings  confent  and  Proclamations,  is  io 
 frefli  in  memory,  fo  fully  related  in  the  Alls  of  Oblivion  and  Pacification,  made  in 
 both  Parliaments  oi  England and  Scotland,  ratified  by  the  King  himfciie;  and  in 
 particular  Hiftories  of  this  Subject,  that  I  (hall  not  fpend  time  to  recite  parricula 
 
H2  The  Sdveraigne  Power  rf Parliaments  and  Kingdomes. 
 
 rRo  t    s         kut  will  rather  conclude  from  all  the  premifes  with  the  words  of  r  Buchanan 
 
 L  10"  p  74<f,   * Tne  Ancient  culiomeof  our  Aaceftors  in  punifhiag  their  Kings,  fuffcrs  notour 
 
 7i?4'    '       '   '  forcing  of  the  J^icenc  to  renounce  her  right  unto  the  Cro  wne  to  her  fonne,  to 
 
 'fscme  a  Novelty;  and  the  moderation  of  the  puniih:nent,(hewes  it  proceeded 
 
 €  not  from  envie  :  for  io  many  Kings  punifhed  with  death,  bonds,  banifhment 
 
 1  by  our  Anccftors,  voluntarily  offer  themf  wives  in  the  ancient  Monuments  of 
 
 *  Hiftories,  that  we  ncedc  no  forraigne  examples  to  confirms  our  ownc  adt : 
 
 *  For  thtSc  tttjh  Naion, feeing  it  was  free  from  the  beginning,  created  it  fclfc 
 c  Kings  upon  this  very  Law,that  the  Empire  being  conferred  on  them  by  the  fuf- 
 
 *  frages  of  the  people,  if  the  matter  required  it,  they  mighttakeit  away  againc 
 
 *  by  the  fame  fuffrages;  of  which  law  many  footfteps  have  rcmaiaed  even  to 
 
 *  our  age :  for  in  the  Iflands  which  lye  round  about  us,  and  in  many  places  of 
 'the  Continent,  wherein  the  Ancient  language  and  cjnftitutions  have  conti- 
 
 *  nucd,  this  very  cuftomc  is  yet  obferved  in  creating  Governours*:  like  v  he  tha 
 
 *  Ceremonies  which  are  ufed  in  the  Kings  inauguration  have  alio  an  cxpreffe 
 
 *  image  of  this  Law;  out  of  which  it  eafily  appcarcs,  that  a  Kingdomc  is  no- 
 c  thing  elfe,  out  the  mutual!  ftipulation  bctwecne  the  people  and  their  Kings :  the 
 
 *  fame  likewise  may  be  moft  apparently  underftood  out  of  the  inoflknfive  te- 
 
 *  nor  of  the  ancient  Law,  preferved  from  the  very  beginning  of  raigning  among 
 
 *  the  Scots  even  unto  our  age;  when  as  no  man  in  the  meane  time  hath  at- 
 '  tempted,  not  onely  not  to  abrogate  this  Law,  but  not  fo  much  as  to  (hake  it, 
 'or in  any  part  to  dimioifait:  Yea,  whereas  our  Anceftors  have  deprived  fo 
 « many  Kings  as  would  bee  tedious  to  name,  of  their  Realme;  condemned 
 •them  to  banilhment ,  reftrained  them  in  prifons,  and  finally  puniflicd  them 
 e  with  death,  yet  there  was  never  any  mention  made  of  abating  the  rigor  of 
 •the  Law;  neither  perchance  Kndefcrvedly ,  fincc  it  is  not  of  that  kinde; of: 
 •Lawes  which  arc  obnoxious  to  the  changes  of  times,  but  of  thofe 
 'ingraven  in  the  mindes  of  men  in  the  firft  originall  of  mankindc,  and  ap- 
 proved oy  the  mutuall  confent  well»nigh  of  all  Nations,  which  continue urJ 
 «  broken  and  fempiternall  together  with  the  Nature  of  things,  and  being  fuf> 
 Vj'e&  to  the  commands  of  no  man ;  domineers  and  rule  over  all  men.  Thi* 
 « law  ("which  in  every  attion  oflfcrs  it  felte  to  our  eyes  and  mindes,  and  dwels 
 «in  our  brcfts  will  we,  nill  wej  our  Ancestors  following,  were  alwayes  ar- 
 «raed  againft  violencc,and  fuppreflsd  the  unrulineffe  of  Tyrants.  Neither  is  this 
 <  Law  proper  onely  to  the  Scors,  but  common  to  all  well-ordered  Nations  and 
 c  People :  as  the  Athenians ,  Lacedemonians ,  Romanes  y  Venetians ,  Gey mams  , 
 « Danes:  which  he  there  manifefts  by  examples.    So  that  T  may  hence  infallibly 
 
 determine  ,  the  Realme ,  Parliament,  and  Nobles  of  Scotland,  collc&ively 
 confidered,  to  be  the  Soveraigne  power  in  that  Realme,  fupsriour  to  the 
 Kings  themfelves :  from  whom  I  (hall  proceedc  to  Scripture  Presidents, 
 in  the  Kings  and  Kingdomes  of  the  Gentiles^  Jfracl,  and  Indah,  recorded  in 
 Scripture. 
 
 The  Kings  of  the  (fentiles,  Jfrml,  and  1M. 
 
 Now 
 
The  Softer  aizn  Po*erofP*li<me«t*  and  Kingdoms,     Im 
 
 v— — ' T~      n      i  ,    i  •  a  thatallchc  forccitcc.  Examples  and  Autho'i:ie5  arc 
 
 5^«2f^S2«S&  «>fet"fle  ^-Confcncc,  That  whole 
 
 KteiSSSSwSK  up  this  Pofterne  CateSf  Bt.fion)  conclude  With 
 they.Ifljallchttetorel  to  c.o       I         fa         ,    „  conttadiaier.  To  begin  with 
 
 Heathen  k.ngs  and  StattstlKKinr  />/„/,/?,>„  „„,>/« 
 
 *«*  Saul  Cfa*f2Kw*ffi^*^>^'*^  /««>r/^  > 
 
 Aj,a,*t.t>,tpUccwh<cb  tb.u B^f   £  »#  ftrwher.witbfi.nld  he  reconcile 
 
 hMfilf<°h»M*ft<rtr«c».d>t»'  SvAflmbu  tboufand, ,  WDavid 
 
 righting  fight,  for  I  have notj  ^ 
 
 pUafenotthe  Lords  of, be  JJJWJ^,  c/      Lwvi  ri,  £,„£  »  Achiflt  4»/ir«^ 
 
 bimJk™*'""l™r%ytSHALLN07'GOEVP    tvITlt    VS    TO 
 rftbe  fhilipm  have  Pud,    H  t   S  Maflersfervar.ts  t  'u,t      . 
 
 2f^rTE£L;^^^«?^7(2   ^ '^berenpi,  they  returned.    Here 
 
 v/e  fee  the  Lords  of  the  P. ih  tio« ota  P        £       J    had  a  Pov.erfuperiourto  his : 
 will.  ^°^  Zfsf^k      i     U..ndJ.6.i,to  i^herewhen^^ 
 
 „  ^^«^l^Z^tb^Uri,  **d  Pt.fU.fibe  Ph.l.fl.nes  (notrhe 
 of Godwas taken bjt^  Jff,net >%  u  ?m(Ube  renovUfromplace  topllcc,  and 
 Kin£  )  mct,cMea;*ndo^ 
 
 ruUdbjhtSCou,cellofSme^ 
 
 Conors andfPnnces,  **r*7  6{WM}or hispid. dnvenfrom  mcn>pnt 
 
 7***2&"£?  '  flZiZr-rulcd  andcLfelled   afterward,    by  then,. 
 
 SoD«ntel6.  D'ru"K'^  J-„  „Sit«t«D.cr*et**dt.c*aDx*'-Iint.tbeLj.MS 
 and  Princ^^fi^ W^JJ  ^^  AWtfitf.  Ww/,///> 
 
izi  The  SoTteraign  power  of  Parliaments  and  Kingdoms. 
 
 Z*}V«$f*n<to  to  deliver him;yet  tbeTrince/afentbling  and  telling  th*  King  ,  (a)  Know  O  King^ 
 
 £Sfc  that  the  Law  of  the  Medes  and  Perfians  is  y  that  no  Decree  nor  Statute  -which  the 
 
 Kingcftahlifbeth  ,(by  the  advice  of  his  Nobles  J  may  be  changed  ,(to  wit,  by  the  king 
 
 alone,  without  their advifc:  a  clear  evidence,  that  the  greateft  Pcrfian  Monarchs 
 
 were  fubje&  to  the  Laws  of  their  JCingdoms,  as  well  as  other  Princes;)  whereupon 
 
 the  King  commanded ,  and  they  brought  Daniel  and  cafi  him  into  the  ^Den  of  Lyons 
 
 And  a  gone  was  brought  and  laid  upon  the  mouth  of  the  Den  ,  and  the  King  Sealed  it 
 
 with  his  own  Signet,  and  with  the  Signet  of  the  Lords ,    THA  T   T HE    p  y&m 
 
 FOSE   MIGHT  NOT  BE   CHARGED  concerning  DanicJ.  Here  this  great 
 
 king  was  even  againft  his  will  conftraincd  tobciubjc&bothtohis  Laws  and  Lords. 
 
 Thelikewe  read  of  P  haraohklng  of  Egypt9Exod.i.  8,9,10,11.  who  confulted  with 
 
 his  people  how  to  opprejje  the  Israelites ,  as  being  unable  to  do  it  without  their  contents. 
 
 And  Exod.io.  Pharaohs  Qouncellors  and  Lords  ^  after  fundry  Plagues  on  the  Land] 
 
 fitid unto  htmy  How  long  fiall this  man  (Mofes  )  be  afnare  unto  us  ?  Let  the  men  go 
 
 that  thej  may  ferve  the  Lord  their  god;  Kntweft  thou  not  that  Egypt  is defiroyed  } 
 
 Whereupon-lAoies  and  Aaron  were  brought  before  Pharaoh ,  who  f aid  unto  them.   Go 
 
 fervethe  Lor dy our  Cjod.  t/tfnd  Efay  19.  11.  to  16*.  Surely  the  Trinces  efZozn  art 
 
 fooh9thecounfellofthe  wife  Counfellors  of  Pharaoh  is  become  bruit  ifb  1    They  have 
 
 alfofednced  Egypt,  even  they  that  are  the  flay  of  the  Tribes  thereof.  They  then  had 
 
 an  overruling  power  above  their  kings.S*  the  great  King  0/Nineveh,  lonah  3. 7,8,9* 
 
 proclaimed  and  publified  a  genera Ufufi  thorowout  the\  Qity ,   by  the  'Decree  of  the 
 
 King,  and  of  hit  great  men  ,  making  no  publike  Laws,  but  by  their  advice  and  affents. 
 
 In  like  manner  we  Dead  in  the  %Sam^. 5,4,5.  That  the  Princes of  'Hanun  Kingofthe 
 
 Ammonites coufetled  and  overruled  him  (  out  ofovcrmuchfufpition  )  toabufe  Davids 
 
 v*$ffexgersfe7ttt.o  him  in  love,  An&'m  the  1  Kings  2%.  47.  There  was  then  no  King  in 
 
 Edom,4  Deputy  was  King ;  the  kingdom  appointing  a  Deputy  then  to  rule  them  ia 
 
 it eadofa  king,  and  giving  him  royall  authority ;  ^nd  in  the  2  £"**£/ 8.22*  %GhrcnM 
 
 31.8.  In  th$  dayes  o/Ioram,  Edom  revolted  from  under  the  hand  o/ludah  (which  had 
 
 conquered  it )  and  M^DE  *A  Kl^G  OVER  THEMSELVES:  and  though 
 
 &^«;finotethe£^w^/,whoencorr}pafredhhn,yet  they  revolted  from  under  the 
 
 hand  c&Iudah  rill  this  day:     The  electing  and  continuing  of  a  king  being  in  their 
 
 ©Wfc  powcr.See  Gen^.^.to  ao.atid^^.  20. to  25.ro like purpofe. 
 
 Thefebcingafl  Pagan  K'mg$  and  States,  I  come  to  the  Ifraclites  themfelves; 
 therein  for  my  more  orderly  proceeding,  and  refutation  of  the  many  grofle  erronious 
 ^ffertionsof*  Court  Doftors  and  Roy allifts  touching  the  eftate  and  Soveraignty  of 
 their  icings,  whom  they  would  make  the  world  beleeve  to  bcabfolute  Monarchs,fub» 
 jz&  co  no  Laws  ,  to  derive  all  their  royall  authority  from  g od  alone,  and  no  waves 
 fram  the  people;  to  bemecrly  hereditary  and  elective,  to  be  above  all  their  people, 
 irrcfiftibje  in  their  TyrannicaH wicked  proceedings,  and  no  wayes fubje&  to  tneir 
 Ecaims  an4  Congregations  overruling  controll,  much  leflc  to  their  defenfive  •ppofiti- 
 uq&  or  deprivation  5  I  (hall  djgeftthe  whole  Hilary  of  thei*  A"ings  and  kingdoms 
 lusiffliftiofls  and  po^er  into  thefecafuing  proportions,  which  I  jfhall  clearly  make 
 good  oat  of  Scripture,  3s  X  propound  tbem  in  thcirordet* 
 
 Wlxfit3That  the  origination  at  ion  and  Infiitutionofthe  Ifraelit ex  Kings  and  King- 
 doms prcceededenclyfrom  thefwerand  authority  of  th e  people s  and  t hat folely  by ,Dh» 
 i$m>m$jrthwi»ptH$imi  This ismoE apparent  h^ffyuterM.iWf? 
 
The  SoTreraigH  power  oj  Parliaments  and  Qngdomet,  1 1 3 
 
 When  thou  ar'  come  unto  the  Lind  which  the  Lord  thy  Qodgiveth  thee  ,  andfijalt  pofm 
 fife  it  and  dwell  therein,  And  {halt  fay  y   1  TV  ILL  SET  ty{  KING  OVER  Ml 
 Meeds  ALL  THS  NATIONS  THAT  ARE  KROVT   U\t  E  ■   7'HOV 
 SHALT  tn  any  wife  S£T  HIM  KING  OVER  77/EE,  *h>mthe LjrdthyGod 
 (Ualchufo;  one  from  among  thy  brethren  SHALT  THOV   SET  OVER  T  H  E  F, 
 THOV  MAlSr  NOT  SET  A  STRANGER  OVER  THEE,  which  is  mot  t by 
 £r#/£*r.  Where  £od  himfelf  by  way  of  *  prophcfic  of  what  afterwards  fhould  come  '  Seec»»untd  U 
 \    to  paffe, exprcfly  declares,  firft,  that  the  primary  motion  of  changing  the  govern- *^*  H':''  l 
 I    mem  of  the  lews  from  Iudgcs  and  an  Ariftocracy  into  a  iCirgdom  ,  ftould  proceed CA* 
 from  the  peoples  inclination, as  the  viotfa  tand fiat t  fay  %  I  willfet  a  King  ever  me9&€% 
 import.  Secondly,that  the  authority  to  change  the  fyovemmcnr  into  a  Regality,  to 
 ;    crcat  and  make  a  King,  refided  in,  and  the  authority  of  the  ^"irg  proceeded  mcerly 
 from  the  poople,  as  the  words,  I  willfet  a  King  over  me,  Thou  (halt Jet  him  over  thee  ; 
 (four  times  recited  in  two  VexfeS;)  manifeft  beyond  difpute.  Thirdly,  that  ill  Na- 
 tions about  them  who  had  AT  ings,  had  the  like  power  to  create  and  make  their  kings, 
 as  the  words,  Like  as  all  the  Nations  that  are  about  me  ,  witneiTe.'  All  which  is  cv  i- 
 centiy  conformed  by  Iofephus,  Anttqu.IudaorumJ.  4«r.  8.  by  Carolus  Sigor.ius  de 
 Repub.Hebraorum,  l.j.  c.  $.  Bertram, Gun  a  us,*  Sehik*rdtti%\x\c\*  divers  Comment*.  *I«t.ftj0Nl 
 tors  on  this  Text :  TheHiftory  of  the  change  of  their  State  into  a  kingdom,  and  of  **■ 
 their  Iudges  into  kings,  added  to  this  />rophefie  and  precept,  will  leave  no  place  for  l/^l"^"1 
 anyfcruple.  We  read  in  the  iSam.%,  that  the  people  growing  weary  of  Samuels  go-  ymdis.  contra 
 vernment  whojuc,gcdthem,by  rcafonofthc  ill  government  of  his  formes,  who  te+keTjrmmmjtf* 
 Bribes, andperverted  judgement;  thereupon  ALL  THE  ELDERS   OF   ISRAEL  f.8j.if.**."  Da 
 GATHERED  THEMSELVES  TOGETHER,  and  came  to  Samuel  unto  Ramah,  gjfttfM 
 and  [aid  unto  htm,  Behold,  thou  art  old^and  thyfbns  walk^not  in  thy  wayes,  new  M  A  KE    U  *,:9l>Wl\ 
 JrS  <sf  KING  TO  IVDGE  VS  LIKE  ALL  THS   RATIONS  :  But  the       ' 
 thing  difp leafed  Samuel,  when  they  f aid,  give  us  a  King  to  judge  us ;  and  Samuel praym 
 ed unto  the  Lord;  Andthe  Lord faid unto  S*\T\ut\,H E  A  R  K  S  N    V NT O  THE 
 Voice  OF  THE  PEOPLE  IN  *sfLL  THAT    THEY  S  UT  VNTo 
 THSS;  for  theyhavenotrejecled  thee,  but  they  have  rejelled  me  that  I  fhould  not 
 reign  over  them  ;  zyfcccrdmgto  aUthe  works  that  they  have  done  Jfnee  the  day  that  I 
 brought  them  out  of Sgypt ,  even unto  this  day;  wherewith  th ey  have  for f^nme^and 
 ferved  other  gods  ,fo  do  they  alfo  unto  thee :    Ts^otv  therefore  hearken  to  their  voyce; 
 howbeits jet protcsT folemn/y  untothem9  and/hew  them  the  manner  of  the  King  that 
 JhaU  reign  ever  them.  ^wiSamucl  told  all  the  words  of  the  L^rdunto  thepeoplethat 
 asked  of  him  a  King  ;  and  he  fa  id ,T hid  will  be  ('not  ought  to  be)  the  manner  of  the 
 King  that  {hall  reign  over  you ,  hevtll  take  your  tons  y  and  appoint  them  for  himfelf, 
 ($  c.and  je  [hall  be  his  fervants  \  and  ye  {hall  crie  out  in  that  day  becaufe  of  TO  V  R 
 KING  pyHlCH  fS  SHALL  HAVE  CHOSEN   TOV,  and  the  Lord  will  not 
 hear  you  tn  that  day .    T^jver.  h  Irjfc,  the  people  refufed  to  cbej  the  voyce  of  Samuel, 
 and  they  faid.  Nay ,  BVT  JVE  WlLL  HAVE    A  KING  OVER  VS,  thatwe 
 alfo  may  be  Ulee  all  the  Nations ,  and  that  cur  King  mxy judge  us,  and  go  out  before  us t 
 and  fight  our  batttls,  A^Samiicl  hear daU  the words  of  tie pestle  %andrehearfedthem 
 in  the  ears  of  the  Lord  j  hnd  the  Lord  f aid  unto  Samuel ,  Hearken  unto  their  voyce,and 
 make  them  a  Ktnn^  Kftcr  whirh,tvhen  God  had  appointed  Saul  to  be  their  Kmg9( b)Si-  (£)**«H3 
 muel  called  the  people  together  unto  tic  Lord  m  Mizpch  ,  and  recapitulating  the  great  iV  Ji*  ft* 
 
 Q  q%  deliverances 
 
124  The  SoTterajgn  t°W  of  P  aliment  and  Kingdom^ 
 
 deliverances  God  had  done  for  thcm^dded,  And  ye  have  thu  day  rtje fled  your  God% 
 who  himfelffavedyou  out  of dtl  your  adverfities  and  tribulations ^andyehave  faidun^ 
 tohim,Nay,Bri  SBT  A  KING  OVER   VS>&c.   AndSzmudfaid  unto  all 
 the  people,  See  ye  himwhom  the  Lord  hath  cho  fen,  that there u none  like  him  among  aH 
 the  people  f  And  aH  the  people  flouted  and f aid,  God  fave  the  King.  After  which  he 
 (e)i$am.  tu  (c)  cxpoftulated  again  with  them  thus,  And  whenyefaw  that  Nahafh  King  of  the 
 WMiq.      Children  of  Amnion  came  againft  youyjefaid  unto  me,  Nay,WT  A    KING    SHALL 
 REIGN  OVER   VS  ,   whenthehord  was  your  King!  Now  therefore  behcte  the  KING 
 WHOM  •'  YE    HAVE    CHOSEN,  AND     WHOM    YE     HAVE    DE6lHED,&c.    thatye 
 may  perceive  and  fee  that  your  ff/CKEDiVESSE  is  great  which  ye  have  d^e  in  the 
 JtghtofthcLord,    IN    ASKING    YOV    A    K^G.   And  all  the  people faid"nto  S*- 
 mwt\  ^P  ray  for  thy  firv  ants  unto  the  Lord  thy  god  that  we  die not  j or we  have  added  un- 
 to  all  our  fins  th^evill,    TO    ASK    A    KING,  which  compared,  whh  Bf.  13.10,1.1 . 
 /  will  be  thy  King,  where  is  any  other  that  may  fave  thee  in  all  thy  Cities  ?  and  thy 
 Judges  of  whomthoufaidfl ,  GIVE    ME  A    KING  AND  PRINCES?  I  gave  thee  a 
 King  in  mine  anger ,  and  tookg  hint  away  in  my  wrath  ;   with  A^jIJ.  21  ♦   And  af- 
 terward TWVi     DES1HED    A    i£ING,  and  G laA gave  them  Saul  the  fon   of  Cis,  by 
 the  fpace  of  forty  years.  All  thefe  concurring  facred  Texts  will  infallibly  demonilrate, 
 that  this  change  ofthcludges  into  Kings,  andtheoriginall  creation  of  their  Kilags 
 and  kingdoms  proceeded  only  from  the  importunity  and  authority  of  the  people  ,who 
 would  not  be  gaiafaid  herein,  notfromGcdsinfikution  ,  or  Samuels  approbaiioa, 
 who  cenfured  and  difavowed  this  their  motion  ,  though  they  at  Iaft  condefcended  to 
 it ;  all  which  is  elegantly  related,  consumed  by  Iofcphm,  Anfiyu*  JudaorumJ.S.  £\  4, 
 5,67.  By  all  this  xt  Is  app&rent,tha[the  congregation  and  people  of  the  lews  had  tr.c 
 Soveraign  power  in  themfelves,  as  well  as  other  Nations,  becaufc  the  author itie  to  al- 
 ter the  whole  frame  of  thcif  former  Arifiocraticall  Government  into  a  Monarchy, 
 rcfided  in  them5though  they  were  taxed  forchanging  it  in  Samuels  d ayes ,  who  had  fo 
 juft'y,  f°  uprightly;udgedthtm. 
 a*  Secondly,  it  is  apparent,  that  the Judges  anihingsofthelfraelites  were  not  pro- 
 
 perly hereditary,  but  oft  elective  by  the  people  :  and  though  Qvd  did  fometimes  immedi- 
 ately nominate  the  perfons  ofthofethat  pjouldreign  over  them  3  as  is  apparent  by  Saul, 
 f>a  vid,  Icroboam ,  Jehu,  others;  yet  thepsople  didconftantly  con  firm  ,make  them  kings 
 and  gave  them  t  heir  roy  all  authority.^  none  being  made  kmgs  by 'Divine  appointment** 
 butfuch  as  they  willingly  accepted^  approved^  confirmed  for  their  kings ;  Gods  previous 
 dffgnation  being  but  a  preparative  to  their  voluntary  free  £  not  retrained  or  limited): 
 election*  The  firii  king  among  the  IfraeUtes  (chough  but  over  part  of  them)  was  Abi- 
 meJech  the  fon  of  Jerubbaal  9who  was  made  king  by  the  peoples- cleft-ion,  Judges  ,9.1, 
 10  7.  who  having  perfvvadedthofe  ofSechem  to  cle£t  him  for  their  king,  thereupon 
 fLL  TH  B  Men  ofSechem  gathered  together  }and  AIL  THe  HOVSb  of  Mi  Ho 
 wentandUADE  ABIMELECH  itfNG:  whence  Jotham  thus  upbraided  them  and  him, 
 Terfc  24*.  to  19:  T 'hen  faid  all  the  trees  unto  the  TSrambl* ,  come  thon  and  reign  over 
 us  :■  And  the  Brabble  faid  unto  the  trees.  If  in  truth  ye  annoint  me  king  over  yon ,  then 
 ■some  andput  your  trufi  in  myfbadow,  (src.  Now  therefore  if  ye  h^ve  done  truly  and 
 facerely  in  that  7"  E  HAVl  MADe  Abimelech  y\  1  n  g  ,  &c  A  nd  thatye  have  ri- 
 fe* upagal'ifi  my  fathers  houfethis  day, «nd  have  M  ADE  Abimelech  ki^gi  tff.We  read 
 4*4fr3b-4ij23>  that  after  <jWr<?»had  RiitkZebah  and  Zalmunm^\v\\  the  Mtdtaxites, 
 
 The 
 
The  SoleraignepolKr  of  Parliaments  and  kingdoms.  2  2  r 
 
 The  men  of  Ifracl [aid *»/* Gideon,  UnU  ttjCU  ever  m y  both  thou  and  thy  fons  ,    and 
 thy  fons  fon  alfo  ,  fur  thou  ha.fi  delivered  us  from  the  hand  of  MieUav.    <±s*HJ  r/idcou 
 faidftnto  them-,  I  will  not  rule  over  yon,  neither  fi.ui  my  fan  rule  overjQH,  the  Lord  fbaH 
 rule  over  y  on.   Where  wc  clearly  fee,  the  power  aid  right  to  dec}  a  Ruler,  and  to 
 limit  the  government  to  him  and  his  Iffuc, for  three  Generations  only  u  rehdemthe 
 peoples  free  election.    So  Iudgts  10.17,18.  aodC^.n.i.  to  12.  when  the  Children 
 e/Ammon  were  gathered  together  ^deucamped  agamft  (y  \\ci&>the  people  andTriH'cs 
 ofGiU&A/aidone  to  another,  Whatman  aj \he  that  » 'ill begin  to  fight  again ft the  d 
 dren  of  Amnion,  hepjaube  Head  over  all  the  Inhabitants  of  Gilead.  Attdfkj  ■ 
 tf/Gilcad  wer.t  to  fetch  lephtbah  outoflbeLandofTob^ar.dfaid  unto  him   C*m*  and 
 be  oar  Captain  th.it  w.  m.y  fight  with  the  Children  of  'Amnion,  and  be  our  Head  orer 
 ajlthe inhabitants  ofG  lead  3  /  '/??*  protmfe cfmhich  ri^mticy  he  went  withtlem to  I    i_ 
 lead;  and  THE    PEOPLE    MADfc    HIM    HEAD    ANJ    CAPTAIN     OYEK    THEM~ 
 That  the  election  and  making  of  their  Kings  belonged  of  right  to  all  the  people, is  pa!t 
 difputc,  being  foteiblved  by  Lodhirnfclf,  Deuter. ij.i^i  5.  when  thou  art  come  into 
 the  land.&c.  andfhali \f*y>  I  WlLL   SET   A   KING   OVER   AiE  +  kJy  u all 
 the  Hjitions  that  ^.re  about  mefTBOY  /halt  tn  an)  wife  SET  HIM  KING  OviitL 
 T  Hh£  whom  the  Lord  thy  God.  fh  all  choefe;  one  from  among  thy  Brethren  Jb alt 
 THOV   SET  OYER  THEE,    THOV   MAIST  NOT  SET  A  STRANGER  OVfcRTHKE; 
 Where  the  power  ofctcatmg  and  clc&in^  theKmg,  is  lerc  wholly  to  the  peoples  free 
 choice,  with  the  fegcncrall  rel^ndion^thac  i;e  fliouKI  be  one  of  their  biethrcn,  not  a 
 ilranoer,and  particularly  qualified  as  is  there  exprc(f:d.  And  though  God  did  fome- 
 time  defign  and  nomirate  their  Kmgs,  yet  hcl-tfc  the  power  of  approbation  and  rati- 
 fication or"  them  free  to  the  people. as  is  apparent  by  1  Sa.  8. 18.  And ye  /nail  crie  m  that 
 day^ecaufeoftheKir.g  WHiCH  YE  SHALL  HAVE  CHOSEN  you.  Hence  S'Wlbcir 
 firft  King,  thot.-gh  nominated  and  ;;erigned  by  God  ?nd  Samuel ,  was  yet  approved, 
 confirmed  and  made  King  by  the  People,  who  flouted  andfaid,  Cod  fave  ths  King, 
 vhen   S4w/rtf/prefcntcdhimtothem;  lS.4w.10.24.    (d)  But  the  children  of  Belial  M)i**UI,t*i 
 defpifin<l  and  brinrrtn^  him  no  pre  fonts,  Vcrie  27.  after  Saul  hadcon-jnered  the  Ammo- 
 nites,  who  be/teged  l*oc(\\  Gilead;  Thepeoplefatdunto  Samuel,  who  id  he  th,:t  Caid 
 Shall  Saul  R  ignovsr  w  ?  bring  the  men  that  wc  may  put  them  to  d>at'\  Then  Saul 
 fa/d,  There  fhali  not  a  man  be  put  to  death  tbu  day,    for  this  day   tin   L  r,i  !; , 
 wrought fa/yat  ion  tu  IfracL  Then  fai-i  c  amucl  to  the  people,  £omc  l.t  mo  .  :■  Sifgttl, 
 atidrenew  the  Kingdom  there.  tAnd  ALL  ThE  PEOPLE  wait  to   Gtfgal,  and  there 
 THEY  MADE  SaVL  KING  before  the  Lord  tn  Gilgal:     VVbr-c  '         I   is 
 
 fpeech  to  the  people,  concern  ing  Sanly(e)  Now  therefore  behold  THE  KING  WHOM  ^l5jw,l;>'i 
 YE  HAVE  CHOSEN,    and  whom  J3g  feafce   CeSrCD  ,  the  Lordhath  Jet  a  Kmettvm 
 you:  (  so  that  the  choice  and  election  of  him,  was  as  well  theirs  as  Gods  :  )  And 
 Veife  ae.  hecallshim  &tmt  fctng  ,bccaufc  chofen  and  made  by,  if^vdJ  as  for  the 
 people. 
 
 Saulbe\t\o  flain  by  his  owne  hff)&%  r  he  Crown  dc  cended  not  to  his  fonre  !*v  way 
 ofdefcent,  but  Dan  "f-ccccded  him  by  Gods  defignation,  and  the  People  selection 
 toothy  whorc  authority  he  wa*  m:dcaiid  crowned  king,  being  forraerlv  *  Mil  *,  Ssmtt 
 
 by  Samttelu  fuccced  S*uL   This  is  irrefragable  by  the  2  Sam.  2.  4.  Where  T)r.vid  %j  \\% 
 going  up  to  Hebrvr.  ly  Cods direclirn.  the  men  of  ludah  came  ,  and  there  £^Cp  C!n» 
 llOU'tCO  David  %ti\%  over  the  H  ufc  rf  htA*h*     After  which  2  S*m*tl%    j. 
 
 Q3  to 
 
i  *6  .  The  SoTteraigne  power  of  Parliament  and  Kingdoms, 
 
 to  ^  ALL  THE  TRIBES  OF    ISRAEL  came to<D avid  to  Hebron,  and  f pake 
 faying^  ehold  we arethy bone andthy fle(h>    Aljo  intimepaft,  when  Saulwas King 
 over  us,  thoti  waft  he  that  leddefi  out  and  broughteft  in  Ifrael ;  *And  the  Lor df aid  to 
 thee  :  Thou  Jhalt  feed  my  people  Ifrael,  and  thou  {halt  be  a  (faptain  over  Ifrael.    So 
 AL  THE  E  LD  ERS  of  Ifrael  came  to  the  Kingat  Hebron  ,  and  King  David  made 
 a  League(ot  Covenant )  with  them  before  the  Lord^and  THEY    AN NO  INT  ED 
 DAVID   KING    OV&R  ISRAEL.   And  in  the  t  Chron.  12.23.  to  40.  Wee 
 have  a  particular  r*<:i?4#0/ 'the  numbers  of  the  bands  that  were  ready  armed  to  the 
 Warrc^andcamc  to  David  to  Hebron  to  TVRN  the  Kingdom*  of  Saul  TO   HIM; 
 and  came  with  a  perfett  heart  to  Hebron  lO  MAKE   DAHD  KING  OVE'R, 
 v4LL  ISRAEL  ;    and  *s4LL  THE  REST  alfo  of  IJrael  were  OF  ONE 
 HEART  TO  MAKE  "DAVID  KINg :  Whofe  title  to  the  Crown  being  a£ 
 tcr wards  Shaken  by  his  Tonne  zAbfalomy  who  cunningly  ufurped  it,  (and  that  by  tfie 
 clc&ion  of  the  people  too ;  as  is  evident  by  Hufiaihis  fpeceh  unto  bim,  %  Sam.  \6. 
 18.  Nay,  but  whom  the  Lord,  and  THIS  PEOPLE,  AND  ALL  THE  MEN 
 OF  TSRAEL  CHOOSE,  hts  will  J  be,  and  with  him  I  wiS  abide,  compared  with 
 z.Sa  m.  29,  9,  10.  And  all  THE  PEOPLE  were  at  ftrife  thorow  all  the  Tribes  of 
 Ifrael, fayingy  Abfalom  whom  tvE  ANOINTED  OVER   VS  is  dead,  &c.  A 
 cleare  evidence  the  kingdome  was  then  held  ele&ivc,  and  that  the  people  had  the 
 (/)*  Sawi^  Sovcraigfi  power  of  ele&ingand  creating  thcirkings;)  (/)  all  the  people  throughout 
 9.  to  43 ,  all  the  Tribes  of  Ifrael  and  the  men  ofludah,  to  re.  e&abli/b  D  avid  in  his  Throne,  be* 
 
 ingfiedoutoftheLandjfentthuAAejfageto  him  ;  Returnetbou  and  aUthyfervants: 
 Whereupon  the  King  returned,  and  all  theTribeswent  asfarre  as  Iordan  to  meet  and 
 bring  him backagain  to Gilgal. 
 (g)  1  Kwfri*       L>  avid  growing  old,  hisfon(^)  A^»y^aagainfthis  confent,  accompanied  with 
 5«  **  i$-  fome  great  Officers  and  Courtiers  of  his  party,  ufurfed  the  Crown,  andwas  by  them 
 
 falutedKing;  but  jD^W  hearing  of  it,  by  Gods  election  and  choifc,  commanded 
 Solomon  (though  not  hi*  eldeft  fonne)  to  be  annointed  and  proclaimed  King,  and  to  fit 
 fipon  hit  Throne  in  his  lift  time :  As  foon  as  he  wai  anointed  and  the  Trumpet  blew  ; 
 {b)iCbron.i3.  ALL  THE  PEOPLE  faid.Godf&ve  king  Solomon.  And  ALL  THE  PEOPLE 
 1.  c.iS.la  >7>  came  Hp  after  him,  and piped with  fiuits,  andrejqyced  with  great  joy  yfo  that  the  earth 
 .  c*i9*  >i.     ^^  with  the  found  of them ;  So  that  all  Adonijah  his  company  forthwith  deferted 
 him,  and  he  and  Ioab  were  glad  to  flee  to  the  homes  of  the  Altar  for  Jhe  Iter,     After 
 which,  D avid ajftmb led  all  the  Princes  oflfaxX,  the  Princes  of  the  Tribes,  the  Cap- 
 taines  of  CompamtSfhoufands  and  hundreds,  the  Stewards,  Officers,  and  mighty  men9 
 with  all  the  valiant  men  of  hi*  kingdome,  to  Ierufalem ;  then  he  declared  to  all  the  Con* 
 (  \   eh  ox       &rcZat*oni  tbtt  Qodhad  chofen  Solomon  to  fit  upon  the  Throne  of  the  kingdom*  of  the 
 iS  &  »9*  '  *  Lord  over  Ifrael,  andto  build  him  an  houfe,  &c.  exhorting  them  to  contribute  liberally 
 Towards  this  building,  which  they  did  •  and  when  they  had  blejfed  the  Lord,  axd  offered 
 Sacrifices  to  him  ALL  THE  CONGREGATION  MADE   Solomon  the  fonne 
 o/DavidKJNG  THE  SECOND  TIME,  AND  ANOINTED  HIM**;**** 
 iftxzhm%v*L9ri*  TO  ?E  THE  CHiEFE   GOVERNOVR  (hisfirft  CoronatiDn  being 
 i©.  to  16.  '      but  private  without  theprcfence  and  confent  of  the  whole  Realme,  but  of  thofe  only 
 then  prefent  in  Ierufalem  l)  Then  Solomon  fate  on  the  Throne  of  the  Lord,  as  king, 
 infleadof  David  his  Father  ,  and  ALL    ISRAEL  OBEYED   HIM;  andaUthe 
 Princes  ,and  mighty  men ,and  like  wife  all the fonne s  ofDavidfubmittcdthemfelves  to 
 
 him 
 
The  ScfberaigncpoVer  of  Parliaments  and  Kingdoms.  \  7y 
 
 him  as  their  king:  tttCl  he  was  thus  generally  clewed  and  crowned  king  the  2.  time 
 by  all  tie  Congregation.  And  after  Davids  death  ,  he  was  I)  tfttblifhed  and fireng-  (/)  1  chro*,ui. 
 thened  m  his  kt^dome  by  the  peoples  voluntary  admit]: \>n  andfreefubmtfflun  to  him*  1  K;"£»  *■•  **• 
 I  rotn  which  Hiliory  of  Solomon  it  is  cJeare.  j .  Thac  though  David  caufed  Solo- 
 mon to  be  firft  crowned  King  privately  toprcvent  Adonijah  his  ufurpation  ;  yet  hec 
 thought  that  title  not  fufheient  without  a  lecond  Elc&ion,  admifTion,  and  Corona- 
 tion of  him  by  aH  the  People  andgencrak  Congregation.  2.  That  till  this  his  fecond 
 inauguration  by  ai!  thepcople,  he  was  not  generally  acknowledged,  nor  obeyed  by 
 all  as  their  lawrull  king.  3.  That  Gods  and  Davids  designation  of  Solomon  to  tie 
 Crown,  did  not  take  aw  ay  the  peoples  liberty,  right  aad  power,  freely  to  nominate, 
 make,  and  choofc  their  kings  ;  their  preuious  defignation  being  thus  accompa, 
 nied  with  this  tacit  condition,  that  the  people  likewifefhould  freely  elcc%conftitute, 
 and  crown  him  for  their  king,  elfe  what  need  of  this  their  fubiequent  concurrent  ac- 
 ceptance and  fecond  coronation  of  him  for  their  king,by  all  the  congregation,  if  their 
 contents  and  fufFrages  wete  not  neceflary  ?  or  how  could  he  have  raigned  over  them 
 as  their  lawfull  king,had  not  the  people  generally  cripfen,  accepted,  admitted  him  for 
 their  Sovcraigne? 
 
 Solomon  &zctthn%,(m)  Rehoboam  hiscldeft  fonne  wentupto  Sechem  :  (what  to 
 doe  ?  wot  to  claimc  the  crown  by  difcent  from  his  Father,  but  by  election  from  the   (*)  *  KJ*z*iu 
 people,  as  the  following  Hi  (lory  manifefls-)  FOR  ALL  ISRAEL  were  come  to  %€****%%** 
 Sechem  TO  MAK8  HIM  QNG  :  iftomake  him  king, then  he  was  no  king  be-  tMU 
 fore  thry  had  made  him,  as  many  Divines  moft  fottiflilyaverrcagainrt  the  very  letter 
 of  the  Text  (*)  and  Iofephus\  (whovixizes,ThatitpleafedtheAJfcmb7yoft£eIf/ae- 
 iites  there  held,  that  hhe     should    ricuve    the   kiNGnOM    BY    the 
 jeoples    cons  BXSW)   And  Ieroboam  and  ALL  TBS  CoNG%EQA  HON 
 OF   ISRAEL    came  andfpalee  unto  Rehoboam,  fifing,  Thy  Father  made  our  yeake 
 grievous  :  now  therefore  make  thou  the  grievous  fervtce  of  thy  Father,  and  his  heavy 
 joak?  which  he  put  upon  us  lighter  ,  AND  tvE  WILL  SERV&  THEE  ]  (becaufe 
 naturally  fubjetts  delight  in  mildKingsywho  wi/Ifomwhat  defeendfrom  their  altitudes # 
 faith  (n)  lofephus.)    This  was  the  condition  they  propounded  to  him  before  they  fn\  A%i\a 
 would  accept  him  for  their  king,  and  upon  this  condition  caly  would  they  admit  /.g.f.j, 
 him  to  reigne  over  them  ;    therefore  doubtlcflc  thedifpofaliofthc  Crcwnand  Jimi- 
 tation  of  the  kings  royall  power  refided  in  all  the  congregation,  who  had  authority 
 to  prefcribe  their  kings  what  equall  and  juft  conditions  they  pleafed.    Ard  hefaid 
 unto  them,  depart  yet  for  three  day es,  then  come  again  to  me ;  axdthe  people  departed, 
 Hereupon  l{ehoboamcpnfultedwtth  the  old  menthat  flood  bef or  e%oloxr.cn  his  Father  % 
 Twhilehe  lived,  andfatd,  how  doe  you  advife  that  1  may  anfwer  thu  people  ?  *y4ndt1)ty 
 fpalte  ur.to  him,  faying  ;  If  thou  wilt  be  A  SSRVANT  unto  this  people  this  day,  and 
 wilt  SERVE  TWhlA  andanfwerthem,andfpeakgoodwords  tothem  THEN  THEY 
 WILL    BE    THY    SERVANTS   FOR  EVER ;  But  heforfooke  the  Counfcll  of 
 theoldmen,  which  they  had  given  him,  and  confu/ted  with  the  young  men  that  were 
 grownup  with  him ,  and  which  Hood  before  him,  andfollowmg  their  ill  adftfe:  when  Je- 
 roboam and  all  the  People  came  to  Rehoboam  tho  third  day,  as  he  had  appointed)  the 
 Kingaxfweredthe  people  roughly;  and forfaktng  the  old  mens  Qouvf<ll7  hefyakeunto 
 them  sifter  the  Qottnfell  of  the  young  men, faying ;  My  Fathc  r  made  your  ye.  '  JV. 
 
 mH&lyn&Adde  toj^m ]**ks\  vq  Fatbsr  fhaftiftdyo*  with  whips,  but  I  -Vi/lchafiifa 
 
l8  the  SoVeraigne  power  of  Parliament  and  kingdoms. 
 
 you  with  fcorpions.    therefore  the  King    HEARKNED    NOT    UNTO     THE 
 P£OPL£,  fortheeaufcwas  from  the  Lord,  &c.  SO  WHEN    ALL    ISRAEL    SAW 
 THAT      THE     KING     HEARK.NE0     NOT     VNTO      THEME 
 the  People  anfwered  the  King  (through  indignation  With  onevoyce*  writes  Iofephus^ 
 faying;  what  porttvn  have  we  in  David;  NEITHER     HAVE    WEE    INHERITANC) 
 IN    THE    SONNE    OF    1ESSE,  (that  is,  we  have  not  intailed  our  Subje&ionnor 
 the  inheritance  of  this  cur  Realme  to  Da  Wand  his  feed  for  ever,  but  are  ftM  free  to 
 cleft  what  King  we  plcafc;)  to  thy  Tents  O  Ifrael.  Now  fee  to  thine  Houfe,  David: 
 fo  Ifrael  departed  to  their  Tent:*  But  at  for  the  children  of Ifrael  which  dwelt  in  the 
 Cities  of '  [udah,  ^.thobo^m  reiemed  over  them:  (theTribes  afiudah  rfWBeniamm 
 CHOOSING    HIM    THEIR  \lUG    BY     THEIR     COMMON    SVFFRAGES, 
 writes  Iofephus*)  Then  King  Rehoboamfent  %/€doramwho  wot  over  the  Tribute  (to 
 excufc  faith  lofephus,  thepetulancy  of  his  young  tongue,  and  to  appeafe  the  mindes 
 of  the  enraged  vulgar  :)  And  alt Ifrael fioned  him  withftenes  that  he  dyed  ;  therefore 
 ICtfsgRehoboam  (imagining  truly, that  himfelfc  was  (toned  in  his  fervant,  and  fearing 
 left  the  once  conceived  hatred  flbould  bepourcd  outon  bis  own  head,  tremblingly 
 firt    Kingi  ioi  8ctrinS  UP intG  n*s  chariot,  as  haftily  as  he  could )madefpeed  tope  to  lerufalem.  S? 
 i.*0  7«  *  tfrael fell  away  from  the  houfe  of  David   unto  this  day*   And  it  cametopaffe  when. 
 
 ALL  ISRAEL  beard  that  I er  oho  am  was  come  again ,  that  theyfent  and  called  him 
 unto  the  Congregation ,   AH 'D     MADE    HIM    KING.    OVER     Alt    ISR4ZL,8cc. 
 (it  being  fo  preordained  by  God,  i  King.  ia.  26*.  to 41.)  Loe  here  the  whole  Con. 
 grcgation,or  Parliament  oflfrael,  if  /may  foftile  it,  hadfull  and  free  power  tore* 
 k&  Rchob-iam  from  the  Crown,  for  refilling  to  fubfetibe  to  their  conditions ;  to  cleft 
 leroboam  for  their  lawfull  King,  and  er«5t  a  new  Kiflgdome  of  their  owne,  divided 
 ever  after  fi  on  that  of  Iudah:  which  action  /fhall  prove  anon  to  belawfull,warran- 
 tedbyGods  owne  divine  authority,  and  no  finne,nor  rebellion  at  all  in  the  People; 
 who  never  admittedi^0£<?*/wfor,orfubmittedtohim  as  their  la  wfuIlSovcraigne. 
 So  Iehu  having  flain  King  Ioram,Ahabs  eldeft  fonnc*  fent  a  Letter  to  Samaria  where 
 his  other  70.  fonnes  were  brought  up,  to  the  Rulers  and  Elders  there,  wifhingthem  to 
 lookout  THE  BSST  AND    MSETE  ST  of  their  Mafiers  fonnes^  and  fet  him  on 
 his  Fathers  throne,  and  fight for their  Mafters  boufe :  But  they  being  exceedingly  a~ 
 Jraid,faid'  two  Kings  c-ouldnot  ftand  beferehim,  how  then  Jhall  w  ?  ftand}  and  fent 
 wordto  Iehu,^V  arc  thy fervams,  and wiH  doe all that  thoufhalt  bid tu\  WE  WILL 
 NOT  MAKE   ANY  KING.  A  clear  evidence  that  thekingdom  was  then  cieaive, 
 and  thatthey  had  power  tochoofethemeeteftmanfnoteldcftbrotherjfor  their  king* 
 (4)  *  K)»g- 1*.      ^tcr  c*'*s>  (9)  Zimri  flaying  Baajba  king otufrael,  and ufurping the  Crown,  the 
 i5>l*>i7»^24.  PCOplethen  encamped  about  Gibbethon  hearing  of  it,  that  Zimrihad  Conffired  and  alfo 
 fain  the  King  ;  Wherefore  Alt  ISRAEL  MADE   GMRI  C*ftaifl  ef^e  Ho&  king 
 over  Ifrael  that  day  in  the  Camfey  who  burnt  Zimn  in  his  Palace:  then  were  the 
 People  divide  dint  0  two  parts:  half e  of  the  People  followed  Tibni  to  muke  him  k^ng^and 
 halfe  folUwjd'Omri :  But  the  people  that  followed  Qmri  prevailed  againfl  the  people 
 that  followed  Tibni ;  foT\bu\  dyd*,  andOmri  Reigned,  being  made  king  ondy  by 
 (r)  iKwfr  n  nhe  peoples  free  election,  without  any  divine  designation.  So  (r)  loajh  thefonncof 
 zCkron,izio.  Ahaz,iah,when  Athaliah  had  ufurpedthe  Crowne  andkingdome  of  Iudah  neer  (even 
 *A  1*  *  I'd'  \m  Jle€rs  fPace>  wa4  MADE   KING,  anointed  and  crowned  by  Iehoiadah  the  High  Priejf, 
 ,  *'*  '9' the  Captaines  of  hundreds ,    and    ALL    THE     PEOPLE    OF    THB    LAND, 
 
 {»h*  j 
 
The  SoTteraigH  power  of  Parliaments  and  Z\ingdomes%  1 29 
 
 (whorejojcedat  if)  when  he  was  but  7.yeercsold,and  v4th*l$*b  was  apprehended, 
 depofcd.andmurthcredby  themas  an  Vfurprefle. 
 
 (f)  $e  Amaz,iahK\v\*oUudah  being  flam  by  aConfpi^acie  at  Lachift,  All  THE  (f)  - 
 PEOPLE    OF    Il'DAH  took*  Vz^tah  who  was  but  itf.  jeers  old     and   MA  DE   HIM  x7  i*.  e*Ju 
 KIXG   tnfiead  of  hid  Father,  (c)  VtxidA  ^/'^o/Iudah  beingfmitten  withLcprofie  2  K,/,£  M-if- 
 unto  the  day  of  his  death  ^dwe  It  t*  a  fever all  houfe  Jotham  hid  f on  (in  the  meantime  by      ' 
 common  confent)  wad  over  this  houfe,  judging  the  people  of the  Land :  (v)  t/fmm>.nxl 
 kfn;  rtf  Iudah  bengflatn  by  h  is  own  fervanrs,  the  people  of  the  Land  flew  all  them  that  {y)  \  >jg.  )  i. 
 hadconfpiredagalnfl  Ammon :   tAnd   THE     PEOPLE    OB    THh    tAND    MADE  *J.  a-Cfrfrj*. 
 Iofith  his  fonne   King  in  his  fie  ad.    And  after  (v)  lofiah   his  death ,   *£*   PEO-  *r- 
 Pl.E   OF   THE    LAND  toot  lehoahaz  the  fonne  of  lofiah  and    MADE     HIM  W* 
 KING  in  his  Father tjleadin  lerufalem.    From  all  which  facred  Texts  and  Prefi-    * 
 dents;  aslikewlfcfroniH^48.4.  THEr   HAVE   SET   VP  KINGS,  Butnotby  Mtf#; 
 THEY' HAVE    MADE    ERINCES,  and  I  knew  it  not-,  it  is  moil  apparant ,  that  the 
 kings  of  ^/>^<r/ and /W^,  were  uiually  clewed  by,  and  derived  their  Royall  autho- 
 rity from  the  people,  who  made  them  kings,  and  received  not  their  kin^domes  and 
 Crowns  immediatly  from  God  himfelf  by  adiviHC  right:  which  may  be  further  con- 
 med  by  the  l.Alacab.?.  38.  30,  30.  After  the  death  of  Judas  Maccabetes  ;  all  I ud  as 
 his  friends  came  unto  Jonathan  his  brother ,  and f aid  unto  him ,  fence  thy  brother  Judas 
 dyed,  we  have  none  like  to  him  to  goe  firth  again  ft  our  enemies :  Now  therefore  WE  E 
 BAYS  CHOSEN   THE8  this  day  TO   BE  OVR    PR/NCE  and  fapt at n  m 
 his  ftead,  that  thou  maift fight  our  batte/lf.   Vpon  this  Jonathan  toolethe  Government 
 on  him  at  that  time,    sifter  Jonathans  death ,  the  People  f aid  unto  Simon  his  brother 
 With  a  lowd  voyce>  1  Mac.  1 3 . 8 .  9.  Thoufhaltbe  our  Leader  wftead of  Judas ,  and  lo- 
 nuthanthy  brother  ;  fight  thou  our  battels ,  and  whatfoevcr  thou  commandefl  us ,  wee 
 will doe -,  <s4nd  the  I  ewe  sand  Priefls  were  wellpleafed  that  Simon  Jhould  be  their  go* 
 Vcrnonr  >C  apt  aw,and  High  Priefl  ;  and  Simon  accepted  thereof y  \  Mac.iq.qi.to^ 
 Hence  Carol**  Sigomus  deHepub.  Hebr<coruwt  I  y*c  3.  writes  ,  That  the  kings  of 
 the  Ifarlites  were  created  by  the  Suffrages  of  the  People ;  that  the  Kingdome  of  Ifrael 
 was  traafl  ted  to  divers  F amities  for  thdr  idolatry  ',   that  although  the  ki\gd4me  of 
 Judah  were  infome fort hereditary ,  yet  it  was  corfirmedby  the  Suffrages  of  the  People 
 (which  he  proves  by  the  example  of  Rehoboam  and  othe>  /)  andthut  they  obtained  the 
 Roy  all  dignity  net  cm  ly  ly  inheritance,  but  likewife  by  the  Suffrages  of  the  People  t*s 
 every  one  may  clearly  kniw  %  who  fljall  but  con/idcr  the  Hislories  of  their  k**gs\ 
 Whicri  f  Jamly  refutes  the  wild,  i-Tipudcnt,rallcaffcrcioi]  ofchr  Author  of  *An  Ap* 
 fcalet<n-y  Confctcr.ee,  ftewly  published,  p,  13*  wherethus  he  writes :  Obfrvable 
 it  is,  tbatthorowout  the  whole^criptures  we  read  not  of  j^tip  fttng     (  I  doubt  hee 
 nevci  re  d  'he  Scriptures,  clfc  he  could  not  be  fo  groiTciy  miftaken)  THAT   ivAS 
 $HOSMN  ,BT  THE    VOTCS  OF   THE   P80PLE:    T^jrofan  Anfiocracy, 
 that  is,  where  the  T^jbles govcr>isnorof  a  Democracy }  that  *  where  the  people  go- 
 vern, 4#d  therefore  let  them  confider  how  they  can  ani'wer  it  at  the  laft  day,  who  fh  all 
 exde~:  singe  an  here  fdc  m,  into  an  eleclive,  or  any  ether  forme  of  (fo- 
 
 vernment  whatfoeVer  :   that  the  people  doe  property  and  ahfolutely  make  a  Itn 
 
 falfe,  .  had  this  illiterate  ignoramus  fcno&fiy  perufed  the  precedent  or  iub- 
 
 icqurnt  T<  cited,  with  the  beft  CoriiaKntators  on  them  ,  or  read  over 
 
 ladviiCvily  ,  /  fh.  22,  Judges  17.^.^18. 1,  ct  19*1*  c#2i,  throughout;  with  the 
 
 R  r  Books 
 
130  The  Soteraigne  fewer  of Parliaments  and  kingdoms. 
 
 Books  of E*ras  Hjhemiah,JudgefyEfther,Maccabeesythc  four  Euangelifts  touching 
 
 Chrifts  arraignment  and  dcath,y^^4. 5. 21*23. 24.  and  aj  chapters  or  confultedwich 
 Jofephus9PhiloiPaulEberfiodm>inyCunAU4^igoniKsiBertraioi  any  others  who  have 
 written  of  the  Jewifh  Antiquities  or  Republike ,  he  could  not  have  had  the  impuden- 
 cy  to  have  publifticd  fuch  groffe  untruths ,  and  (nould  have  found  not  onely  divers 
 Icings  in  Scripture  created  by  the  voyce  of  the  people,  but  an  hereditary  kingdom  oft 
 changed  into  an  ele&ive,  yea  into  an  Ariftocraticall  and  no  Roy  ali  government  •  and 
 an  Ariftocracic  and  Democracy  to,  even  among  the  Jews  themfclves,  whofegovcrn- 
 ment  before  their  kings:  was  meerly  Ariftocraticall,  as  Iofephns  Antiqu.Jud.L^c&% 
 ..  Carolus  Sigonim  de  Repub .  HebrJ, I . c.  5 .  Qunaus, Schickardtu,  Bertram,  Paul  Eber% 
 
 m/ulnTuT  anc*  a^*otnerstnatInavc  f«n,  except  this  tsfnimalirrationale  rifibile^paaduzlly 
 dZT&iumm  determine,  they  having  no  kings  of  their  own  before  Saul,  nor  any  after  Zedekiah* 
 Srutusymdki*  Therefore  I  (hall  fpend  no  more  wafte  paper  to  refute  this  palpable  errour ,  fo  confi- 
 iontr.  tyrannoi  dently  aflertcd  by  pariiiticall  Court  Doctors,  w  ho  make  no  confciencc  of  writing  any, 
 |M.  1.3.^  though  the  groffeit  untruths,  which  may  advance  the  abfolute  Soveraign  Arbitrary 
 *m'  tyrannical!  government  ofkings,tooppreffe  and  inflave  the  people. 
 
 •  See  mm  Thirdly,  that  the  Kings  of  ludab  and  Ifrael  were  *  no  abfolute  Soveraign  Princes , 
 
 ' Brutus  Vindk.  but  toekj heir  (frown  with  and  upon  fuck  Divine  conditions ,  for  breach  whereof  they 
 Cemr.  Tyran.    and  t heir  pofterities  were  oft  times  by  Gods  commandjjuft  judgement ,  andfpeeiall  ap~ 
 f«,|.  +P.4CA0  probation  depofed,  difinheritedydeftroyedy  and  the  (frown  tranflated  to  otherftmtlies, 
 66.i9t,i6f  This  is  evident  by  direct  Scriptures,Z>m*r*  17. 14.  to  theend.  Thou  /halt  in  any 
 
 hlizzd*       w*fe  f€t  ^*m  King  over  thee  whom  the  Lord  thy  Qod  (halt  chufe ;  one  from  among  thy 
 niUf!tcd'&de  Brethren  Jhalt  thou fet  King  over thee ;  thou  mat  ft  not  fit  a  fir anger  over  thee  ywhieh 
 lure  Magifirtt-    is  vot  thy  Brother.  Here  is  an  expreiTe  limitation  and  condition  in  refpc6t  of  the  per. 
 tmhi&nbditdi   fonofthe  King;  the  conditions  in  regard  of  his  royall  administration  folJow,  which 
 f*.f.  p*%7i*     are  partly  Negative,  partly  poiicive,  But  he  fhall not  multiplie  Horfes  to  himfelf ',  nor 
 ?73s  *74«         caufe  the  the  people  to  return  to  Egypt  >&c.    Neither -fha.il  he  multiply  wives  to  himfelf \ 
 that  his  heart  turn  not  aw  sty  \  neither fbaU  he  greatly  multiply  to  himfelf fiver  and  gold, 
 *Andit  {ballbewhenhefittethonthe  throne  of  his  Km gdome  ,  that  he  fiall  write  him  s 
 Copie  of  this  Law  in  a  BooJ^  out  of  that  which  is  before  the  Priefls  the  Levites ;  and  it 
 fhall  be  with  him,  and  he  fhall  read  therein  all  the  dayes  of  his  life,  that  he  may  learn  to 
 fear  the  Lord  his  god,  to  keep  all the  words  of 'this  Law,  and  thefe  Statutes  to  do  them* 
 That  his  heart  be  not  lifted  up  above  his  brethren  y  and  that  he  turn  not  afide  from  the- 
 Qommandment to  the  right  hand  or  to  the  left  yto  the  end  that  he  may  prolong  his  dayes 
 w  his  Kingdom,  he  and  his  children  in  the  midftof  lfraeU     Here  all  the  kings  of  the 
 Israelites  when  their  kingdoms  fliouldbe  erected,  areftri&ly  bound  by  God  him- 
 felf to  negative  and  pofitive  conditions,  upon  performance  whereof,  they  and  their 
 children  fhould  prolong  their  dayes  in  the  kingdom,  and  perpetuate  their  thrones  in 
 the  midft  of  Ifrael ;  and  upon  breach  whereof  they  and  their  pofterity  lliould  lofeboth 
 their  lives  and  kingdom  to ;  as  the  laft  claufe  infinuates ,  and  the  fubfequent  Texts  in. 
 direct  terms  a  verre.     But  what  if  the  king  fhould  violate  thefe  conditions,  might  the 
 ^AHUqttdB.  people  lawfully  refill  him?  (a)Iofephus  in  his  paraphrafe  on  this  very  text ,  which  I 
 fhall  cite  at  large,  rcfolves  they  might ;  Truely  the  government  of  the  best  men(ot  Ari- 
 ftocraticall government)  is  &  eft*  and  to  live  in  a  Republike  thus  adminiflredynor  is  there 
 eaufewhy  youftould  defire  any  other  k±nde  of govcrmert%  but  it  is  heft,  that  contenting 
 ynrfel  veswith  thktfeu  continue  within  the  power  of  your  Laws  and  of y cur  J elves  % 
 
 But 
 
The  Softer dtgnt power  of  Parliaments  and  Kingdom.  \  j  \ 
 
 But  if  the  defire  of 'a  kjng  pja  H  pojfejfe  you  Jet  there  be  none  unlefe  he  be  ofyurftoc^ 
 and  blood,  and  one  to  wbomjujitce,  with  other  virtues,  are  cordiali  :  Hewhofoeverho 
 (ball  be  Jet  htm  attribute  more  to  the  laives  and  unto  Cfod  ,  than  to  his  own  wifdont', 
 AND  LET  HIM  DO  NoTH:NG  WITHOVT  THE  HIGH  PRIESTS  AND  SINAtE*  AD- 
 VICE; wither  maj he  nourifimauynives,  nor  pojfej] 'ever y  much  money  ,  and  many 
 Jiorfes ,  With  the  plenty  of  which  things  he  may  eafily  become  a  contemner  oftoel.tws; 
 andifhc  fhatladdillhimftlfto  thefe  things  mere  then  is  meet,  O  BSTANDVM  ESTf 
 ue  potentiorfiat  qu4m  rebus  veslrisexpedit,U  E  IS  TO  BE  RESISTED  J  eft  he  be- 
 come more  potent  then  is  expedient  for  your  affairs:  So  he. Yd  (b)Zuingliue  with(V)B#  (fyExpUaUi 
 Bilfoncxptetty  refolve,   that  the  people  were  bound  to  reft  ft,  ejuejhonand  dep'fe  their  Artie.**, 
 kings  for  their  idolatry ,and  breach  of  thefe  condition;  •  and  that  god  himfe/fjuft/y  pu-  T^i-A** 
 rtified  them  for  Mznzttc$  fins  and  xeickedneffe  ,becaufe  they  reft/led  and  pun/bed  him  not  ^rTJ^ 
 for  them,  as  they  were  obliged  to  do;  as  I  have  (d)elfpfhere  man  ifeftcd,to  which  I&all  tne7nCbrifRm 
 refer  you.  '«MBN,*tq 
 
 This  condition  mod  clearly  appears  in  other  Texts ;  as  in  the  i  Sam.12, 13,14,15,  t*l-Ut>U  h 
 a?.  Where  when  Saul  the  firft  king  of  the  Ifraclitcs  was  crowned  at  their  earncft  *l4- 
 importunity,  againft  Gods  and  Samuels  approbation,  Samuel  afed  thefc  fpecches  to  V^  **'*  ?'** 
 chem, Now  thereforebeholdthe Kingwhomye  have  chofen , and whomye have defircd% 
 &c.  Ifyewillfear  the  Lord and/erve  him,  and  obey  hie  voyce,  and  not  reb  ell  again  ft 
 the  commandment  of  the  Lordy  then  fiallbothye  and  alfo  the  King  that  reigneth  over 
 you  continue  following  the  Lord  your  God.  But  ifyt  will  not  obey  the  voice  oft  he  Lordy 
 but  wiUrebell  agair.fi  the  voyce  of  the  Lord,  thenfhall  the  hand  of  the  Lord  be  againft 
 you,as  it  was  againft  your  fathers,  &c.  But  IF  jefhalldo  wickedly  yye  Jh all  be  con* 
 fumed  both  ye  and  your  King.    After  this  SauI  being  diftrefled  by   the  Philiftines, 
 weary  of  ft  aying  for  Samuelj  and  pr  cfuming  to  offer  facriflec  without  him ,  hereupon 
 (e)  Samueltiid  to  Saul ,  Thou  haft  done fooltfhly ,  for  thou  hail  not  kept  the  Command-  Oh  Sim.  r£ 
 ruentoftheLord  thy  God,  which  he  commanded  thee  ,  for  notv  -would  the  Lord  have  l%9\ 
 eftabltfiedthy  kingdom  upon  Ifrael for  ever  ;butNOW  THY  KINGDOM  SHALL  NOT 
 CONTINVE  3  for  theLordhath  chofen  him  a  man  after  ku  own  hearty  and  the  Lord 
 hath  commanded  him  to  be  captain  over  his  people  ,BECAVSE  THOV  HAST'  NOT 
 KEPT  ZHAr  WHICH  THE   LORD  COMMANDED  THEE.    Lo  here  the 
 breach  of  Gods  condic  ions  by  king  Sauly  forfeited  bis  Kingdom,  and  disinherited 
 his  poftcrity  of  it.  So  when  he  performed  not  Cods  command,  i»  utterly  deftroying 
 Amalek,  /paring  Agag  and  the  beft  of  the  things-,  £*w*c/fharply  reprehending  him 
 for  this  offence,  faid  unto  him,  (/)  Behold ,  to  obey  is  better  then  facrifice,  and  to  (f)is*misi 
 hearken  than  the  fat  of  Rams  ;  for  Rebellion  (  namely  ,  king  Sauls  rebellion  againft  *SH>ifrlfr  j 
 Cods  command,  notfubjcc~ts  rebellion  agairft  their  Prince,  roc  fo  much  as  once  W% 
 dreimedoffinthis  Te*t  as  Court  Do&orsgrofly  miftake  ,  and  fo  mifcrably  pcrrerc 
 this  Scripture  contrary  to  the  fence  and  meaning,  tranflating  it  from  kings  to  fubjecrs, 
 from  king  rebellion  againft  </od,  to  fubjecrs  rebellion  agaiaft  men)  uas  the  ftn  cf 
 Witchcraft,  and  ftubbomneffe  is  as  iniquity  and  Idolatry,     BECAVSE  thou  has! 
 rejeUedthe  Word  of  the  Lord,  he  hath  alfo  REJECTED   THEE  FROM    BElXG   KINO: 
 I  will  not  return  with  thee,  for  thou  hafl  rejected  the  word  of  the  L  *rd ,  and  the  Lord 
 HATH  REIECTED  THEE  FROM  BSlNg  K\NG  over  Ifrael ;  theLord 
 HATH  BENT  THE  KINGDOM  of  ifrael  FROM  THEE  this  day,  and  hath 
 given  it  to  a  neighbour  of  thine  %  that  is  better  then  thou,     Alfo  the  ftrength  of  lfrael 
 
 Br  z  wig 
 
. : . 
 
 1 2  2  The  S  otter  algn  pover  of  Parliaments  and  kingdoms. 
 
 will  not  lie  nor  repent ,  for  he  is  not  as  men,  that  he  fhottld  repent ;  ( to  wit ,  of  renting 
 the  kingdom  from  him)  though  he  repented  that  he  had  made  Saul  king  over  Ifraely 
 becaufi  he  turned  backjrom  following  him,  and  performed  not  his  Commandments^ 
 ti) i  Sam}i*4tQ  I  Sam.  X5.I  U  $$•  A&cr  which  (g)  Godfaidto  Samuel,  How  long  wilt  thou  mourn 
 x*   '  for  Siu\,  feeing  J  &afce  reteCtefc  t>ttt1   ftOJK  Ketgntng  over  Ifraelf  Fill  thine  horn 
 
 with  Oyl,  and  I  will  fend  thee  to  /efle  the  Bethlemite ,  for  I  have  provided  me  a  king 
 among  his  font  \  whereupon  he  went  and  annoy  med  D  avid ,  who  fuccecded  him  in 
 the  kingdom,  Sauls  pofterity  being  utterly  difinherited  for  his  recited  fins. 
 
 After  this  when  <yod  fetlcd  thekingdom  upon  David  and  his  feed  after  him^t  was 
 upon  condition  of  obedience,  and  thrcatniog  of  corrections  even  by  men,ifthcytranf- 
 ibY  Sxm.j.iu  g^efled  :  (h)  The  Lord  teUeth  thee,  that  he  will  make  thee  an  houfi ;  and  when  thy  dajes 
 to  17.  ?f 89.31.  I?  e fulfilled  j  and  thou  fhalt  (leep  with  thj fathers,  then  I  will  fit  up  thy  feed  after  thee, 
 fa  47,1  King.  &.  which  (hall  proceed  out  of  thy  bowels,  audi  will  efiablifi  the  Throne  of  his  kingdom  for 
 i9*  ever ;  /  will  be  his  fatherland  he  ft  all be  mjfon  ;  £f  %t  Commit  Ultqait^,  J  follicle 
 
 ft  tfe  ijim  fottf)  tl)e  Hoo  cf  men,  and  with  t&e  fetripes  of  tfje  C&il&jert  of  *pen :  (that 
 
 is ,  /  will  not  chaften  him  immediately  by  my  felf,  but  by  men  my  inftruments,  even 
 by  Ieroboam,  and  his  own  fubje&s  the  ten  Tribes,  or  ether  enemies  whom /will  raife 
 upagainft  him  and  his  pofteritie,  1  Kings n .9 ,to  41.) But my  mercy  fhall not depart 
 away  from  him,  as  I  tookjtfrom  Saul,  whom  I  put  away  before  thee  1  And  thine  houfe 
 and  thy  kingdom  [hall be  eftablijhed  for  ever  before  thee  r  yet  ftill  upon  condition  of 
 obedicnce,as  is  moft  apparent  by  'Davids  fpeech  to  king  Solomon,  1  C^^.18.5,6,7, 
 8,9-  tsfndthe  Lord  hath  chsfen  Solomon  myfon  ,  tofet  him  upon  the  throne  of  the 
 kingdom  of  the  Lord, over  all  Ifrael ;  ^4nd  he  [aid  to  me,&c.  Moreover, \  willeftablifb 
 
 his  kingdom  for  ever,  gf  \z  continue  eonffant  to  Do  mt  €cmmaffl>mente,  and  my 
 
 judgements,  as  at  this  day.  T^jw  therefore  in  the  fight  of  all  Ifrael,  the  Congregation 
 of  the  Lord,  and  in  the  audience  of  our  God,keep,  andfeekfor  all  the  Commandmens  cf 
 theLordymr  God,  that  ye  may  pojfojfe  the  good  land,  andleaveitforan  inheritance  fir 
 your  Children  after  you  for  ever.C^nd  thou  Solomon  myfon,  know  thou  the  Lord  God 
 of  thy  father  ^  andferve  him  with  a  perfetl  heart,  and  with  a  willing  mtnde  »for  the  Lord 
 Jearcheth  all  hearts^  and  under  ft  andeth  all  the  imaginations  of 'the  thoughts  >  3f  ttjOtt 
 
 (ttbfyim  ,hewill  be  found  of  thee,  butift&ou  fojfafee&tm,  jjetotllcatt  tljee  off  foj 
 
 Sfctr ;  notwithftanding  thefbrmer  Covenant  and  cftablifhmcnt,  which  was  butcon- 
 
 ditionall,  not  abfolute,  as  the  renting  of  the  ten  Tribes  from  his  fon,  and  the  dctermi- 
 
 (3\    Chn.t.io  n™&  °ft^e  very  (*)fyg^om  °flHdah  itfelfin  Zcdckhh,(after  which  it  never  returned 
 
 &  u.&  l*\     *n]  mor€  t0  Davids  Line)  infallibly  evidence.  Hence  we  read  in  the  1  Kings  1 1,  that 
 
 ennausde  R*-    Solomons  idolatrout  wives,  turning  away  his  heart  from  following  the  Lord, and  draw* 
 
 fub.Heb*L  i»    ing  him  to  commit  idolatry  in  his  old  age ;  hereupon  the  Lord  grew  angry  with  Solo- 
 
 C'9  ^  7j^*  mon  ;  WL\)ZXtfQ2t  the  Lor  df aid  unto  him;  for  as  much  as  this  is  done  of  thee  ,  and 
 
 dM?  PaulE°  ^OU  faff  not  feept  m^  Cotienmit  and  my  Statutes  which  I  have  commanded  thee, 
 
 ber.Leftate de    31  ftrfll  toel^renO  t^e  ^tngt»m  ftom  t&ee,  and.wiUgiveittothyfervant^  Tyj?/- 
 
 la.Reli;ihn  &    withflanding  in  thy  day  es  I  wiUnot  do  it,  for  David  thy  fathers  fake)  but  I  will  rend  it 
 
 s\*{Hb  dupeop^  om  0ff  he  hand  of  thy  fon  •  Howbeit  I  will  not  rend  away  all  the  kingdom ,  but  will  give 
 
 iMdato-HU         one  Tribe  to  thy  Sonne  ,  for  my 'fir v ant  Davids  fake  ,  and  for  jerufalerns/^  which 
 
 I  have  chofen*  In  purfuance  whereof  the  Prophet  AhijaJs  rending  Uro booms  g*r* 
 
 went  into  \%fcsces,faidto  Icroboam,  7 'ake  thee tenpeeces, for thus  faith  th-e  Lord  the 
 
 Qjkdof ifrael \BeholdQ  I  willrend  tb'e_  k^gdomeut  oftheha^dofSo\otnon,and  will  give 
 
The  S  otter aigntpoleer  of  Parliaments  and  Kingdoms.  r  2  a 
 
 tenTnbestotbee;  BZCAVSr  THAT  THET  HAVE  F0RSAK8N  Af£,and 
 
 have  wor/7jippedthegodde(Teof  the  Zidomans,  &c*   AND    HAVc    HOT  WAL- 
 KED  IN  MT  WATES,  to  doetbat  which  uright  inmine  eyes  ,to  k/pmy$tatt<ts 
 
 I  will  take  the  Kingdome  out  ofhisfonnes  hand y  and  give  it  unto  thee,  even  ten  tribes , 
 lAndunto  his  fonne  will  I  give  one  tribe,  rtat  David  myfervantmay  havealioht  al- 
 ***)  before  me  fwlerufalcm,  the  City  which  Ihaveehofen  to  put  my  name  there,   tsfnd 
 I  will  tal^e  thee,  and  thou  /halt  r  eigne  according  to  all  that  thyfoule  defireth  y  an  I /halt 
 be  King  over  ifrael.    ( But  what,  withcuc  any  limitation  or  condition  at  all  think 
 you  ?  No  fuch  matter  .- )    vAnd  it  /hall  bt  I F    THOV    WiLT    HEAVEN 
 VNTO    tALL   THAT   1  COMMAND   THEE,  and wilt walkjnmjwayet 
 ^nd  doe  tbtt  is  right  in  my  fights  to  keep  mj  Statutes  And  my  Commandemexts,  as  Da- 
 vid mjfervant  did,  that  I  will  be  with  thee,  and  build  thee  afure  houfe,  as  I  built  for 
 David,  and  will  give  Ifrael  to  thee  •  And  Iwill for  this  affHEi  the  feed  ofDzvic),but  mi 
 forever*  Loe  here  both  Kingdomes  of  ludah  and  Ifrad,  are  given  and  entailed  on 
 David, Solomon, znc\  hroboa m  onely  upon  condition  of  good  behaviour  ;    which  not 
 performed,  they  fhall  be  rent  fiorn  either :  And  was  this  only  a  yain  idle  condition, 
 as  fomc  deem  the  Covenants  and  Coronation  caches  of  Kings  to  God  and  thc.r 
 Kingdoms  ?   Surely  no,  for  we  read  cvpcrimcntall  verifications  of  them  in  King  7^- 
 hoboam;    {kj)  Who  anfwermg  all  the  people  and  Jeroboam  when  they  came  to  Sechem  (UNiKwf  It  i1 
 IP  make  him  King,  roughly,  according  to  the  CounfeU  of  the  young  men,  and  threatnmg  chren,io  C 
 to  adde  to  their  yoake,  in/lead  of  making  it  lighter  ;  and  hearknmg  not  unto  the  people, 
 (FOR   THE    CAVSE    WAS    FROM    THE     LORD,  that  he  might  perform  bit 
 faying,  which  hefpakeby  Abijab  the  Shilomite  unto  Ieroboam  the /onntof Nebat;) 
 thereupon,  when  all  Ifrael f aw,  th.it the Kir.ghearkned not  unto  them,  the  people  an- 
 fwered  the  king,  faying  ;  What  portion  have  we  in  David  ;  neither  have  we  inherit 
 tAncein  thefon  of 'JelTc  jfa  your  tents  0  \{\*&>nowfee  to  thine  ownhoufc  David;/"*  ifrael 
 departed  to  thiir  tents,  ftoned  Adoram  who  was  over  the  tribute, whom  Rehoboamfent 
 to  appeafe  them  ;    whereupon  Tsehoboam  madefpeed  to  get  him  into  his  Chariot  to  flee 
 to  Itrufalem :     So  alllCtaclfi  U  «w  ay  from  t  he  houfe  ofD  avid  to  this  day  ;  and  calttn  r- 
 Ieroboam  unto  the  congregation,  made  him  King  over  all  Ifrael;  there  was  none  that 
 followed  the  houfe  of "David,  but  the  tribe  of  I tidah  onely .    Vpcn  this  revolt, when  Rcho- 
 boamwas  come  to  Ierufalcm,  he  ajfembleda/l  the  Houfe  of  ludah,  with  the  tribe  of 
 Benjamin,  an  hundred  and  four  efcore  tboufand  cbo fen  men  which  were  Worriers  t» 
 fimht  againft  the  houfe  of  Ifraelt  to  brwgthe  Kingdome  again  to  Reh)boamthe  fonne  of 
 Solomon  :   But  the  Word  of  God  came  nntoSbematrf}  the  manof  God,  faying,  fp  cake 
 unto  Rehcboam  the  fonne  of  Solomon  King  of  ludah  yavd  unto  all  the  houfe  of  In  dab  and 
 Benjamin, and  to  theremnant  ofthepeople,  fajingl  Thus  faith  the  Lord'  Tee  fidimpi 
 goeup,nor fght  aaair, ft  your  brethren  the  c-btldren  of  I/rael :  return  every  man  to  his 
 homfe,    $Ql  t&V3  t^tng  tS  OonC  bp    mee.       They   hcarkntd   therefore     unto     ti 
 Word  of  the  Lord,  audretumed  to  depart,  according  to  the  Word  of  the  L'-rd*      Be  - 
 hold  here  an  experimental!  forfeiture  of  a  kingdome,  and  tranflation  of  the  major 
 part  of  it  to  another  family, for  S;/^2*jk'olatry  executed  by  thcpeple  through  Gods 
 appoincmeat  i  whlc/i  being  fore-thrcacned  in  the  gcnerail  by  God  h  wife  lie  to  DdV$m\ 
 
 Rr  3  an  ' 
 
t*A  The  Soveragne  Power  ofParRaments  and  Kingdoms. 
 
 and  by  David  to  Solomon  in  cafe  he  tranfgreffed,  predicted  by  way  of  menace  to  So. 
 lomon  and  Jeroboam,  by  g^himfelfc  and  lis  Prophets  after  S^w**/ tranfgrcflion, 
 executed  by  the  people  by  6ods  fpeciall  direction  and  approbation  •  and  thus  owned 
 and  jultified  by  god  in  the  peoples  behalfe  after  the  execution,  when  Rehoboam  would 
 have  made  war  againft  tbem  for  this  revolt,  mud  certainly  be  acknowlcdgcd,not  on- 
 ly a  iuft  and  warrantable  action  in  rcfpe&  ©f  God  bimfelfe,  but  likewifc  of  the  peo- 
 ple, unlefle  we  will  make  god  himfelfe  the  Author  and  approver  of  rebellion*  By 
 all  which  it  is  apparant,that  Solomon  and  Rehoboam  held  their  Crowncsonely  upon 
 condition  from  God,  the  breach  whereof  might  and  did  forfeit  them  to  the  people  in 
 fomemeafure:  And  b  did  Ieroboam  too,  hold  the kingdome of Ifrael newly  erected 
 by  the  people  after  this  rcvoltjupon  the  conditions  ofobediencesalready  mentioned, 
 CO  t  King,  which  being  violated  by  hu(l)fetting  up  2  calves  inDan  and  Beth  el  jut  of  an  unwar- 
 c*i  *•&  i  h  rant  able  folic y  to  keep  the  people  from  returning  to  R  ehoboam  if  they  -went  up  to  lerufa- 
 lem  to  worjhip ;  this  thing  became  fin  to  thehonfe  of  Ieroboam,even  to  cut  it  off  and  de- 
 stroy it  from  off  the  face  of  the  earth*,  i  King,  13.  54,  For  Ieroboam  committing  ido- 
 latry with  the  Calves ,  Ahijah  the  Prophet  fent  him  this  (harp  meflage  by  his  wife, 
 1  ^.14,7,8,9,10,1 1.  Go  tell  Jcvobo*m,Thus  faith  the  Lord  god  of  Ifrael, for  as  much 
 04  I  exalted  thee  from  among  the  people  yand  made  thee  prince  over  my  people  Ifrael, and 
 rent  the  Kingdom  away  from  the  houfe  of  Dzyid,  and  gave  it  thee, jet  thou  haft  not  been 
 as  myfervant  David,  who  kept  my  Commandements,  and  who  followed  me  with  all  his 
 heart,  to  do  that  onely  which  was  right  in  mine  eyes ,  but  haft  done  evill  above  all  that 
 were  before  thee  •  for  thou  haft  gone  and  made  thee  other  gods,  and  molten  images,  to 
 provoke  me  to  anger, and  haft  caft  ti$e  behinde  thy  back*  \  %,%Vitl Olt  behold  IwMtbr$ng 
 eviHupon  the  houft  *f  Ieroboam,  andwillcut  off  from  Ieroboam  him  thatpiffeth  Again  ft 
 the  wally  and  him  that  is /hut  up  and  left  in  Ifrael,  and  will  take  away  the  remnant  of  the 
 houfe  <?/Icroboam,  as  a  man  taketh  away  dung  till  it  be  gone :  Him  that  dieth  of  Iero- 
 boam in  the  the  Citie  (hall  the  dogs  eat,  andhimthat  dieth  in  the  field  Jhall  the  fowls  of 
 the  ay  re  eat,  for  the  Lordhathfpoken  it.  (JPforeover,  the  Lord/haSraifehimup  a  King 
 ever  Ifrael,who  Jhall cut  off the houfe  of 'Ieroboam  in  that  day  .Neither  was  this  an  un- 
 (?#)  1  Jtfrg.tf.  excuted  combination,  for  i>™^*#  dying,  and  (m)  Nadah  his  fonne  fucceedtng  him 
 2*'  °lx%  both  in  his  kingdom  andidolatrits,  wherewith  he  made  Ifrael  to  finne  ,  Baajba  (  by 
 
 G  ods  j  uft  judgement)  confix  iredagainft  him, flew  him,  reigned  in  hisftead;  and  when  he 
 reigned  he  fmote  all  the  houfe  #/Ieroboain,/0  that  he  left  not  to  him  any  that  breathed; 
 according  to  the  faying  of  the  Lord  which  he  Jpake  by  his  fervant  Abijah;  becaufe  of 
 the Jin s  o/Veroboam  which  he  finned,  and  which  he  made  Ifrael  fin,  by  hit  provocation 
 (»)i  King,  if.  wherewith  he  provoked  the  Lord  god  of Ifrael  to  anger .After  which  (n)  Baajba  walk? 
 3«.£.i6#M0*4.  ing  in  the  way  es  andfins  of  Icxobozmnotwithftandingthi*  exemplary  judgement  of  God 
 on  him  and  his  pofteritie,  the  word  of  the  Lord  came  to  7eh«  fonne  of  Hannani ,  againft 
 Baafha,  faying,  Forafmuch  as  I  exalted  thee  out  of  the  duft,  and  made  thee  Prince 
 over  my  people  Ifrael, andthou  haftwalkedm  theway  of  Zeroboam,,  and  haft  mademy 
 people  of  Ifrael  to  finne,  to  provoke  me  to  anger  with  their  fins ;  behold,  I  will  take  away 
 tbepofterityof  Baajba,  and  thepofteritie  of  his  houfe,  and  -will  make  his  houfe  like  the 
 houfe  tf/Ycroboam  the  fon  of  Nebat ;  him  that  dieth  of  Baafha  in  the  City  [hall  the 
 dogseate ,  andhimthat  dieth  in  the  field  Jhall  the  fowls  of  the  Ayreeate  :  which 
 judgement  was  actually  executed  upon  his  evill  fonne  king  Elah  ,  whom  Zimri  the 
 Captain  of  his  Chariots  flew,  as  he was  drinking  himfelf '  drunk^in  the  houfe  of  Arza 
 
 Steward 
 
The  Soveraign  ToTttr  of  Parliaments  and  Kingdoms.  i  J  5 
 
 Stervardofhu  Houfe, and  r  eigne  \  in  bf'sj?ead;and  affbon  as  he  fat  in  his  Throne,  he  C. 
 nil  the  houfe  <>/Baafha,/;«r  left  him  none  th^tpifedaq^atnft  the  wall,  neither  - 
 folkitncr  e>f  kufrunds.  Thus  did  Z\n\ri  deftroy allthc houfe  of  Bizfcz,  4UC§rding  to 
 the  word  of  the  Lord,whtch  he  \f>  uke  agamft  BaafTia,  by  Jehu  the  Prophet ,  for  nil  the 
 fnne  s  of  ^2(^2  y  and  the  fins  of  Elihhu Jon,  by  which  they  finned ,  and  by  which  r 
 made  Ifraelt  *Ji***i  in  providing  the  Lord  God  of  Ifrael  to  anger  with  their  vanities, 
 (n)  KmgOvauand  Ahab  his jonne  going  on  in  the  Jinnes  of  Jeroboam  ,  ferving  Baal  to  („)  i  jfag,  c% 
 booty  persecuting  ^ods  prophets  ,    putting  Naboth  moft  tnjuriouf)  to  death  for  hit  u*toiit 
 Vi**}*rd%bj  Iczabcls  inftigation,  andfettmghimfelfto  workevtll  in  the  fight  of  the 
 Zord,  above  all  that  were  before  him  .■  Hereupon  the  Prophet  Elijah  tells  him  Jo  )Tbu4  (»)i  '  '  5    »'• 
 faith  the  Lordy  Behold,  I  will  bring  evtU  ptpon  thee ,  and  will  take  away  thy  poj}efityyand  l9t0  lU 
 will cut  off from  c^fbab  him  that  ptffeth  againfl  the  wall ,  end  him  that  %s  j>:<t  up  and 
 left  in  IJrael,  and  will  make  thine  houfe  like  the  houfe of  Ieroboam  the J on  of  Net>at,*>/^ 
 like  the  houfe  of&aaQ.UthefonneefAh\}2U,for  the  provocation  wherewith  thou  haft 
 provoked  me  to  anger,  and  made Ifrael to finne :  And  of  Je^abel  alfofpakc  the  Lo 
 faying,  The  Dogs/hall  eat  Iczabcl  by  the  wall  o/li/.recl-,  him  that  dieth  of  ytfhab  tn 
 the  City  the  Dogs  /ball  eat,  and  him  that  dieth  tn  the  field  Jhall  the  Fowls  of  the  Ayre 
 eate.  Ncitherwas  this  a  vain  threatning,    for  Ahab  bcingflain  at  Ttamoth  Cjilcad, 
 (p  )  the  dogges  licked  up  hts  blood  in  the  place  where  they  licked  the  blood  fl/Nabotb;  (f)i  &g»ti, 
 and/*W*?»hisfonfuccceding  him,  both  in  his  Throne  and  fins,  (^)  God  him f elf '**»MMt« 
 annoynted  /chu  King  over  Jfragl,  ofpurpofe  to  execute  this  his  vengeance  ^gatrft  the  ^}  x  y* c^' 
 hcufe  of  Ahab  and  /czabel;  who  in  execution  thereof flew  both  King  /ehoram,  Aha- 
 aiah  King  of  Judah,Jtx*be\,  and  all  jihzbsfons  and  pofteritiehis  great  men  fUjbles, 
 With  all  the  Priefts  and  veorfbippers  of Baal,,  tiU  he  left  none  of them  remaining:   For 
 which  fevere  execution  of  Gods  Jufiice,  the  Lor  dfaid  unto  Ichu  ,    (r)  iSccaife  t&OU  /-^  t  ^:n.  I0^ 
 |Wft  Done  inell  in  executing  that  U>rjf  et)  IS  rtgljt  tn  mine  ere?  ,  and  haft  done  unto  the  30# 
 
 houfe  of  y^hab  acceding  to  all  t&attoastn  mine  fceart,  thy  children  oftbefonnhge- 
 
 iteration,  fj all  fit  on  the  Throne  of  IfraeL    Which  action  of  Iehn  being  thus  fpecialJy 
 commanded, commended,  and  icmuneratcd  with  fuch  a  temporal  reward  by  God 
 himfelf,  mn(tqucftionIerTebclawfuJJ,and  no  Traafon  nor  Rebellion  in  lehu,'  unlcflTe 
 wc  will  charge  God  to  be  both  the  Author,  Approver  and  Rewarderof  thofefinnes. 
 >4fter  this  (f)jehu  walking  in  the  fins  of Jeroboam  ,  though  God  deprived  him  not  (f)% 
 for  it9ycthcfttrredup  Hzzzcl  to  fpoil  and  wafte  hi*Countrey  ,  during  all  bit  reigne%  Ml^ 
 and  the  reigns  ef  King  Iehoahaz  his  fon  and  /oafh  his  Granchilde,  whofttcceeded  him 
 tn  his  idolatries;  and  Zechariah  the  laft  king  of  Jehu**  Race,  going  in  his  ^nccRors  (;)t  tfftjfc 
 fmnes%  was  (lain  by  Shallum,  yshoreignedinhisftead*  (t)  Sballum  %  Pekahiah^  and 
 pe^b  three  wicked  idolatrous  kings  of  Jfraely  were  by  Gods  juft  judgement ,  fuc- 
 cttiively  fl-'-in  one  of  another  }ind  by  Hojbea.  So  that  all  the  Kings  of  Ifracl,  who  vio- 
 lated Gods  Covenants  and  conditions  anneied  to  their  Crowns,  d:dfor  the  meft  part 
 lofe  their  lives,Grownes,  and  uncervvent  the  utter  extirpation  of  their  pofiericics, be- 
 ing totally  catofFby  the  fword,  neither  fucceedmg  their  Parents  in  tldr  Crewns 
 nor  inheritances. ^nd  though  theroyali  Crown  of /W*t^continned  inJDazids  Line  till 
 the  Captivityof  Zf^e^/j,thelaftkingcf  hiiRacc;  yet  whenever  they  infringed  the 
 conditions  wl:c^  Gcd  arucxed  to  their  Crownes,  and  turned  /deleters  or  foment 
 ferfens,  Cjod  prclemly  ("by  way  of  revenge,)  cither  brought  infcrraigneener/.;cs  upon 
 them,  which  mattered,  conquered  chem,  and  fomctirr.es dcpofecUnd  carried  -bem 
 
 away 
 
1 36  The  SoTteraigne  power  of  Parliament  and  kingdoms 
 
 away  Captives,  or  made  them  Tributaries,  astheexample>  of  King  (c/)  %ehcboam^ 
 afflicted  by Sbifhak^K'mgof  zs£zypttfoth\s  (nines  and  idolatry,  and  by  hroboam 
 («)  1  K)*t'}}»  all  his dayes,  (x)ofj4hijam,(y)lehoram3(z,)j4^w.hy(a)/eaJhi(b)Jm#z,iahi(c')j4~ 
 lI'*«Jf!  haz9(d)  Manajjeh,  (e)  Ichoahaz,,  lehoiakjm .  iehoiachin,  andZcdechizh,  {  whole  Hi- 
 
 i*)kfy*g-*f'  ftories,  troubles, capthities  and  punifhments  you  may  rcadc  at  large)  with  others 
 ty)ichrofi.ii  witneffe:  or  clfccaufed  their  own  fcrvams,fubje<5h,  enemies  torifeupagainftthem, 
 (l)iCbron.ii.  to  flay  them,  as  is  evident  by  (VjKing  ^4haz,t«h}  Ioafh;  Amaz,iahiAf*monian& 
 0*)iC6r*,i4.  others.  AH  which  ■  are  unanfwerable  evidences  aud  experimental!  demonftrati- 
 3  7/0*7.  ons,  that  the  Kingdoms  of  Iudah  and  Ifrael  were  both  held  of  <7od  upon  conditions, 
 
 SiSfs  anc*  tnat*°r  tnc  breach  of  chefe  conditions  they  might  be,  and  oft  times  were  f  by 
 (d)tCbrwuHi  Godslufticeon  them)  both  lawfully  deprived  of  their  Crownes,  and  their  poftc- 
 a  Kixgw  &  ricie>,difinherited,yea,totalJy  cut  off  for  cverjand  in  concluMon,both  thefc  moft  emi- 
 u*&tU  nent  Kingdoms,  for  the  (ins  of  kings  and  pepple,  were  invaded,  deitroyed  ,  and  both 
 0)**C»*.f-i7»  Kings  with  people  carried  away  captives  by  their  enemies,  into  forraigne  Countries, 
 c.  'l£rTfii  ^rom  whence  the  whole  Nation  never  afterwards  returned,  nor  ever  after  attained  to  a 
 *>-*•.  aVfevii*  king  and  kingdom  of  their  own:  Sofatall  is  it  for  Kings,  or  Kingdoms  to  break  thofe 
 3J.*V«>i$.  Covcnants,Law  s, Conditions  which  God  himfelf  hath  prefcribed  them;  and  fo  far 
 are  any  Kings  from  being  e.vempted  frem  all  Laws,  and  left  atlibertie  to  do  what 
 they  pleafe,  that  the  breach  of  them  proves  deftruciive  to  them  and  theirs. 
 
 1  fhal  1  oncly  adde  to  this  by  way  of  Corollary,  thar  all  the  Israelites  Rulers,  Kings, 
 {fyocut^.u  People  did  joy  nt  ly  andfever ally  for  (f)  themfelvesforthe  whole  Nation  ingenerall^and 
 tox6%  loft  is*  every  of 'them  in  particular,  frequently  enter  intd  folemn  Vowes  and  Covenants  wtth 
 *t,to  *?-i  C  r.  £e(i9  toferve  the  Lord,  to  be  And  conttnue  hi*  people ;  tofeekjhe  LordC/od  of  their  fa- 
 JSdm.it'il.to  *hers  with  *H their  heart,  and  with  all  their  foul  \  that  iutjofOEfcer  would  notfetk^the 
 X'niCbrxM*  Lord  God  of Ifrael,  fhould  be put to  death,  whether fm all  0?  great,  whether  Sgan  or 
 rfr  x^JiCbr^y  CTOtnait,  (not  the  King  or  Queen  excepted \)and the)  fware unto  theLord with  aloud 
 3'16'17!  voices  and  with  fhouting%  andwith  trumpets,  and  with  Cornets,  and  all  rejoyced  at  the 
 
 (g)1  c  M^-?»  Oath}for  they  hadfwern  with  all  their  hearts.W\tncttcthc(g)Co\enmt  made  by /tf- 
 (hua  and  all  the  people  JLft  fettle  tbe  llSjDj^  Samuel,Saul  jtnd all the  people  at  Sauls 
 Coronation  ^and  by  king  Afa  andf.il  his  people ,HLQ  rttk  tfytlLQWACfrrbo  in  purfuance 
 thereof removedhu  mother  Maacha  from  being  ^ueen,  becaufe  Jhe  had  made  an  idol 
 \     in  a  Grove ,  and  cut  down  her  idol,  and  (lampt  it ,  and  burnt  it  at  the  brool^  Kidron, 
 f'h  Ck\V.i8.  2  Chron*  15,  Ir5.  of  King  Dav\d9(h)    o\omon}and  all  the  people  at  Solomons  Corona- 
 <$*•*?.  tion-y  between  (i)  King  UhozftiyUholadz  and  all  the  Congregation  fit  his  inaugu* 
 
 (1)  x  Cbr.i^i*  ration  ,that  they  fhould  be  the  Lords  people:  in  purfuance  whereof  all  the  people  went  to 
 17.1S.       *  *4  l^e  houfe  ofBzzl^and  brake  it  don>n,and  brake  hi 
 
 hit  altars  and  images  in  pieces, and  flew 
 
 (k)iCbr.l9.io  Mattan  the  Priffi of  h^l  before  the  altars  jb:cween(^)Hezekiah  and  all  hiifub jells 
 
 c30.T9.roi7,     and  God;  between  [l)  IoGah  and  all  that  were  prefenttn  lernfalem  andBenjamin  and 
 
 JJl5if  Gady  who  made  a  covenant  before  the  Lord,  to  walkjufter  the  Lord,  and  to  keep  his  Comm 
 
 Jilijj'    -    *  mandments,and  his  Tefiimonies}  and  his  Statutes,  with  all  their  heart ,  and  with  all 
 
 their  foul xto  perform  the  words  of  the  Covenant  formerly  written  in  the  Book^of  the 
 
 Covenant  thatwasfoundinthehoufeofthe  Lord  5  in  execution  whereof  Iofiah  tooke 
 
 away  all  the  abominations  out  of  all  the  Countrey  th  fit  pertained  to  the  children  of  If. 
 
 (nt)^Ya\c.i.4raei>ar:dmae:(ea^tbatrvere  F*fent  in  lfraeltoferve  the  Lord  their  God,  and  not  to 
 
 (u)Neh$».p.    depart  fromfollowing  the  Lord  godof  their  Fathers  all  his  dayes  .-Together  with  the 
 
 j**4o.i,/#j?,  likefolcrane  publike  Covenants  made  by  (ni)  Ezira)  (n)  Nchemiah  and  all  the  People 
 
 unto 
 
The  SoveraignToTttr  of  Parliaments  and  Kingdoms.  137 
 
 unto  God  ;  which  Covenant  the  Princes^  Lenta,  Priefts  and  all  the  people fealed ,  and 
 
 entredinto  a  Qttrfe  and  into  an  Oath  to  wa/l^u,  Gods  Law,  and  to  obferve  and  doe 
 
 the  Commandments  Judgements  and  Statutes  oftheLcrdxsrc.  And  that  Cod  him  fell 
 
 cvprcfly  commanded  them  That  tf  any  Prophet  or  Dreamer  of  dre  imsy  or  thy  Brother  (o)reu:  l).& 
 
 or  [on  of  thy  Mother,  or  thy  daughter ,  or  the  wife  of  thy  b  of cm ,  or  thy  friend  which  U  4U  *7« 
 
 thine  own  fot,  Lpjouldfecretly  mticethcmto  commit  idolatry  }cr  ferve  ether  q^ods  y  they 
 
 pould  neither  confent  nor  hearken  to  >nor  pitty^nor  [fare  ,nor  conceal  J  imybutpaltfurely 
 
 kjb  him ;  thy  hand  fjall  befirfittpon  him  to  put  him  to  death  ,  and  after  the  hand  of*U 
 
 the  people ,  and  thoupjal-t  /tone  htm  with  ft ones ,  that  he  die ,  onelyfor  thU  ft  ere  t  tntice- 
 
 mer.t  to  idolatry :   tslhd  all  ffracl  ftjall  hear%  and f ear y  and  do  no  more  fuch  wickedneffe 
 
 as  this  f<?,tAnd  if  they  fjould  hear  %that  the  inhabitants  of  any  C  tty  were  [educed  to  ferve 
 
 other  gods,  t ben  they  muP  diligently  fearch  and  inquire  after  it ;     and  tf  it  be  truth 
 
 and  the  thing  certain,  that fuch  abomination  was  wrought  among  them ,  then  they  puill 
 
 furely  fmite  the  inhabitants  of  that  City  with  the  edge  of the fwordydeftroywgit  utterly , 
 
 and  *ll  that  isthercin^  and  the  cat  tell  thereof  with  the  edge  of the J word;  and  gather  all 
 
 the  [foil  of  tt  into  the  mtdp of  the  ftreet  thereof  and  burn  the  City  with  all  the  f pot /e 
 
 thereof  every  whit  for  the  Lord  their  (fed,  and  it  pall  be  an  heap  fur  ever ,  andftja/lnot 
 
 bebuilt  again:  In  piiduancC  whercofthe  (p)ten  tribes  and  a  half,  ajfembled  to  rvarre  (p)l°P>.*lt9.t$ 
 
 again  ft  the  Reubcnitcs>G*dites, and  half Tribe  of  ManafTch  9for  their  fupfo fed  idol*.-  *4' 
 
 trout  Altar ;  and  (q)  all the  children  of  If  ael  ajfembled together  at  one  man  ,  and  made  (!'Iu{f&l0>  & 
 
 warreagainftthemenofCjibeahandthe'EenjamiteSyfornot  pumping  the  grojfc  Rape      • 
 
 of  the  Levitts  Concubine  ,  dtHreyingthe(fity  utterly,  and  the  Tribe  of  Benjamin  too 
 
 wclnigh.*s4vd  upon  thU  ground,the  City  of  (r)  Ltbnah  revoltedfrom  under  the  hand  of  (r)  1  C ',rtu%tw 
 
 Ichoram the id*latr:u*  Kingofludzh,  X&caafe fcerjaofozfaUen  tye Lo;o(2o0of fclS  ■'• 
 Jfat^er0«  And  as  fome  learned  men  conceive  (f)the  people  made  a  Confpiracie  again  ft  ")  x  ^ 
 if/H^Amaziah  Jtflerufalem,  and  he  fled  raLachifh,  but  they  fent  after  htm  to  La-  x8*     texf# 
 chifh  an d(lefe  him  there;  M  (t)  not  privately  but  openly,    as  a&cd  by  publike  au-  (tyoejlmtm 
 a,thoritie,  confent ,  and  medicated  deliberation,  not  out  of  any  private  hatrcd^but  At*gijlr*tui  i*t 
 ,,for  his  impietie  ,  whereby  he  violated  the  chiefeft  part  of  his  Oath  and  Cove-  /*W^»fl7l« 
 5>nant ;  whereupon  we  read  not  of  any  complaint>  or  inquifition,  or  proceedings,  or  •1*fc 
 „  punifhment  inflicted  on  thofe  that  flew  him  after  his  death  9  cither  by  the  people, 
 >t)  or  his  children,  as  there  was  upon  thole  who  flew  King  Ammon ;  but  bein»  flain, 
 „  they  brought  him  back  on  horfcs,and  he  was  buried  at  lerufalem  with  his  Fathers 
 „  in  the  Citie  of  T>avid,  out  of  reverence  to  his  royal!  dignity  and  family  ;  And  £11 
 f,tfc0  p£0ple  of Iudah  f0e^Azariah,<W  made  htm  Kmginftead  of  his  father  Ami- 
 7>ziah;  which  plainly  fhewes,  that  what  was  formerly  done  by  the  greater  part  of 
 a,theStates  at  Ieruflem^  was  afterwards  confirmed  by  common  content, as  done  up- 
 ^onajuftcaufe,  and  executed  by  command  of  thofe  who  might  lawfully  doe  ir." 
 Whence  they  conclude,7"W  r^-  Orders  or  States  of  the  People  o/Ifracl  had  right  ts 
 chufe  "what  King  they  would  themfelvesy  out  of  the  family  ofD  avid ;  and  being  elefieefy 
 afterward  to  corretl  andpunifj  him  as  there  wot  caufc  :  that  they  were  obliged  by  this 
 Covenant  made  to  (Jody  both  to  reprehend ,  refift,  oppofey  yea ,  depofe^if  not  put  to  death 
 their  King  for  hss  open  incorrigible  idslatries  and  fins,  by  common  confent, 04  their ki*£ 
 was  obliged  to  pump  and  put  ttiem  to  death  for  their  idolatries  and  crimes,  their  K!»gr 
 being  included  within  their  Covenants ;  and  (jods  inhibition  of  idolatry  under  pam  of 
 cafttaMpuniJhmfntf$extendinjrtoKi*g<t*J  well  as  othcr^ifnot  more  then  19  any}b>caufc 
 
 Sf  thetr 
 
x;8  The  So^eraign  foyer  of  Parliaments  and  Kingdoms, 
 
 their  exam  pies  were  mo  ft  pernicious  \and  they  were  as  far  forth  bound  by  their  joynt  (fo* 
 venants  made  to  God  with  their  Kings  to  hinder  their  Ktngs from.and  to  proceed  agair.fl 
 them  for  their  idolatries  ,  as  their  kings  were  to  impedite  and  punifi  them  for  their 
 Breach  of  Qovenant^&ndbecaufeGodhimfelf  did  pump)  them  fcr  their  Kings  idola- 
 tries^ is  evedent  by  Icr.l  ^»l,to  6.  and  the  Hiftory  of  the  Kings  3and  chronicles  every 
 where,  which  God  would  not  in  juftice  haze  done  Joadxot  the  people  both  uft  right  and 
 power  to  reft  ft,  hincer,  cenfurcypunijh  ,depofe  their  Kings  by  pub  like  consent  eft  he  State 
 (if)  ExpbMlo  and  people  fcr  their  idolatries  ark  breach  of  fivenar.t  }M  {v)  Zmnglius " '  x)Stephanw 
 Attic  a%4&      Junius  Brutus,  the  author  of  the  Treatifef  y)  Oe  lure  Magiflrat.sin  Subditos  ,with 
 &-4'£/;j/*j '     others,  prove  at  large,  and  (sJMafter  C*/^,yea  (a)  Bifi&p  Btlfon  hi  m  f  elf ,  a  (Tents 
 fitf**    ™'  to*  Such  a  Soveraign  power  had  the  whole  State  and  Congregation  of  Jfrael  and  Iu- 
 (x)r*indi€i*      dah  over  their  kings  themfclves,    whofe  efiates  in  their  Crownes  and  Kingdoms  by 
 contra  Tyran-  Gods  own  insl'ttutiontwas  not  abfolutejbut  onely  conditional^  andfubjecl  unto  forfci- 
 98s,qu*fi.*p-4J  ture,  upon  breach  ofthefe  Covenants  and  Conditions  by  which  they  did  wjey  them. 
 <°7°<  ¥oi\tthlyrThe  Kings  of  Judab  and  Ifraelwereno  abfolute  Scveraign  Princes  para» 
 
 <lvit  '    m9Hnt  their  whole  Kingdoms  y  the  generallCougregatton  of  the  people  ,  Senate  or  San- 
 
 00  infttLl'  ^>e^rin>  b#*  inferiour  to  them  in  power,  and  not  onely  counfcRed,  but  over-ruled  ufual- 
 e.io/c&su  ly  by  them  in  matters  ofpublikg  concernment:  This  is  evident  not  onely  by  Jofb.  a2.i  I, 
 (a)Tbe  True  t0  £^  an<j  juc(ges  2o.and  21.  svherC  the  whole  Congregation  offfrael,as  the  Soveraiga 
 Viffer(7Ke,&c.  p0wer^  \n  thc  dzycso^lofbua  and  ihe  Iudges  affembled  about  the  great  caufes  of  the 
 554.  i3    Reubemtes  ^adites.andhalft  theTribe  of  Man  a§ehf  oncer  ning  their  Altar  ,and  of  the 
 
 Gibeomtes  and  Benjamites ,  concluding  both  mattersof  publike  war  and  peace;  But 
 likewifeby  the  peoples  rcfiuing  Jonathan  out  of  the  hands  and  power  of  King  Saul 
 feisfather,that  he  died  not,  though  Saul  had  twice  vowed  that  he  Jhould  be  jut  to 
 death3 1  <SVzw.I4.38*  to  56 tiAt*d the people faid unto  Saul,  Shall  Ionathan  die  who 
 hath  wrought  this  great falvaticn  in  J/rael  ?  God  for  bid  ;  as  the  Lord  liveth  there fhgll 
 not  one  hair of  his head  fall to  the  ground  ,  for he  hath  wrought  with  Cj od  this  day :  So 
 the people refcued  lonathzn  that  he  died  not*  By  the  1  Chron.  13.1.  to  7,  where  thus 
 wercadc  :  AndD 'avid  con y 'nit -ed  with  the  Caitainsofthoufands  and  hundreds  and 
 mth  every  Leader,  andDsLvidjard  UtltoaWtty  Ccrtgrcgattotl  of  Jfrael,  Jfttfcemc 
 gQO&tttlfO  got?,  and, that  it  be  of  the  Lord  our  God  ,  Ut  us fend abroad  unto  our  bre- 
 thren every  where  that  are  left  in  all  the  land  of  Jfrael ,  and  with  them  alfo  to  the 
 *$®i  Sam*  'jpric/ls  and  Levites  which  are  in  their  dries  and  Suburbs ,  that  they  may  gather 
 11.17,18.  Da-  themjelve's  unto  hs*  and  let  us  bring  again  the  Ark^of  our  God  to  m ,  for  we  en- 
 
 l*?e'nghiiiL0  ^Hiredmt  *tlt  *»  the dayes of  Szul   tAr.d  all  t&e  Congregation  faio,  that  they 
 bi^LhthT'  ™*M<l*fi,  $*l  tfee  trjtrrg  toas  rig&t  mm  eras  of  all  t&e  people.    AndDk- 
 
 Gyantwbom  vid  went  up  and  all  Jfrael  to  Baalah,    to  bring  up  thence  the  Arke  of  God  the 
 
 AbifliaiiW.  Lord.    Compared  with  the  \  Samuel  18.  2,  3,4.  where  when  David  fentoutthe 
 
 The  men  of  people  to  battell  againft  Abfalon  under three  Commaunders ,  the  King  faid  unto  the 
 
 t<^iw<*yke  t*vt!e%  Irpil1  furelJ  goe  forth  with  y oh  my  felfe  alfo  %  But  the  people  anfwered, 
 
 cWtyait  *  ^0H  W  noC  SO  (otf%;   for  if  we  flee  away,  they  will  not  care  for  */,    neU 
 
 gonomo?e  ther  if  halfe  of  us  die  wiU  they  care  for  us  ;  but  now  thou  art  worth  ten  thoufand 
 
 •uttott&US  ef  us ,  therefore  now  ie  better  that  thou  fuccour  usoutoftheCitieikAnd  the  king 
 
 tfib*tt$ujbat  fatf  ufa0  tyem^  OT^atree^er  feemet&pagooa  tftat  3ttoi\\  Doe;"and  thereupon 
 
 S7^ftaydbehiB^^  hiff'#  Sohc,,kcwifc  followed  leabszd- 
 
 #&£><,.  vice ,  to  go  forth  and  fit  in  the  gate  ^and/peak  comfortably  to  the  People  after  his  mourn* 
 
 ing 
 
now 
 
 e 
 
 0 
 
 The  So^eraignPoVer  of Parliaments  and l\in*doms.  139 
 
 -/^Abfalons^.v//,,  eifc  Kot  one  of  the  Tuple  would havitarried  with  htm  th*t 
 2 Samuel.  19. 1.  to  30.    and  by  this  m  [\  (fcc  pcoplcc.tine  bcfo;ebuii 
 
 though  they  had  formerly  fled  every  ma  tent ;  and  luC  fo  engaged  them  to  him 
 
 ZZtet  all  ttje  people  were  atfirije  thor.  gf/ft0  bring  the  Kin* 
 
 baci^agatn  toGilgul,  w'icncc  hadchaled  him.  Acldc  : 
 
 to  ^.'andaC/wii.r.io.and  it.  where  we  findc»that  afcei  jf) 
 
 tMlcameto  Scchcm  to  mul^  Rehoboam  K  all  the  Cong  rgation  o^Jfratl 
 
 fpaiec  unto  Rehoboam,  faying,  Thy  father  made our  yoak  ■  there f  rem* 
 
 thoH  the  grievous  fervice  cj thy  Father,  and  htt  heavy  yoal^nhich  he  put  upon  us,  L 
 ter y  and  we  will ferve  thee.  Andhefaid  untothem,  Depart  ye  for  three  dayef  ,  and  t,** 
 ic  agatn\and  the  people  departed.  In  the  mean  time  he  confuted  firfl  with  the  old  men 
 after  that  with  the  young  men  about  himt  what  anfwer  he  fhould  return  •    who     ivtnr 
 contrary  advice ,  Icroboam  and  all  tl)C  ptOplt  coming  to  him  again  the  third  day  ,  i 
 King  anfwcredthepeople  roughly, after  the  counfeltof the  young  men, fay  in gy  Afy  j 
 thermudeyaur  yokeheavy%andj  will addeto your  yokje  \    My  Father  chajlifed you 
 with  whips ,but  1 '  wiUch ^flifey oh  withfeorpions  :  Sj  when  all  t\)Z  people  fate  tfoat  tfje 
 Ifctng  bf  arbneD  not  (O  tfcem ,  the  people  anjwered  the  King  faying  ivhat  po  r  \  ion  have 
 we  in  David  ?  neither  have  we  inherits  cc  in  the  fon  of lelic/*  your  tents  6  Ijrael;  not 
 fee  to  thine  own  houfe  David  .-  So  lfr  at  I  departed  to  their  Tents ,  and  fell  away  from  tk 
 
 houfeofDz\\d  unto  thu  day :  And  all  Jfraelcalleo  lercboam  unto H)t  Congregatf 
 fin,Wmaoebtin&tngQt)Ctall3rrael  :  And  the  Text  e.vprcfly  addes  this  memo- 
 rable obfervation,  Wi^tvtim  t&ekino;  tKarfcneo  not  unto  t^e  people,  fo;tj>e  euufe 
 
 UUS  from  t^C  H0^8,  th.:t  he  might  perform  hxfaying^whtch  the  Lord  fp\ke  by  Abijah 
 the  Shilonitcffl  /eroboam  the  fon  0/NebatAVherc  we  lcc  the  Kings  not  hcarkningto 
 thepeoplcand  congregation  or'/fracl  in  thcirjuit  request ,  and  giving  them  anharda 
 anfwer,  was  a  funScient  ground  and  occa/ionforthcm,to  caftofFhis  government  and 
 clcdl  another  King  to  reign  over  them,  and  that  with  Divine  approbation  from  God 
 himfelf :  i\uch  wasthc  whole  peoples  and  congregations  Sovcraigne  power  overtha: 
 King?.  Wercadeinthc  1  Kings  a<?.I.to  10.  that  when  Bcnk>idadking  of  Syria  Ga- 
 thered* great  Hofl^  andfentto  Ahab  kf/'g  lfracl,to  rcfign  up  all  his  filver,  gold  .Wives, 
 Childrenyandpleafant  things  into  theh*Kdofh;>fcrvan:<:Thcn  the  king  of  Ifr  ail  called 
 all  tbC  ClDCr0  Of  ttie  iUnD,  avid  fatdy  Hear^  Ip-ayyju,  and  fee  how  this  manferl^to 
 mifchicfjorhcfentuntomcfor  my  Wives  and  for  my  Children,  for  my  flier  and  for 
 my gold.andi r  deny  edhim  not :  A  d  \\  tt}C  CjlCerS,4W all  tyc  people  Jud untoltmy 
 hearken  net  UntD  tjim,  HQJCOUfcr.t.  when  fore  he faid  unto,  the 'mejfengers  o/Benh;- 
 M<\,tellmy  Lordthe  King,  aii that  thou didflfendfor to thjjervant ut  hrfl,  J  will  do, 
 butthisthmg  I  may  not  do.  Where  the  Elders  andpcople  both  adviJc  and  over-rale 
 the  King  in  this  matterof  great  importance  both  to  the  Kingdom  and  King,  who 
 returned  noanfwer  to  this  publikc  cafe  without  the  congregations  publik:  r>o 
 
 *Hrz.eki*h  king  ofludahfint  to  all  Ifrael  and  Iudahyand  wrx  te  Letters  a/fo  to  £t '  raim  *  1  Chtm.^ 
 and  Manaffch,  that they  fkould  come  to  :  he  houfe  of  the  Lerdat  Ierufalem^  to  keep  the  i> t0  $• 
 Takeover  unto  the  Lord  Godof  Ifrael  -y  For  Hezckiah  hadtaken  comnfell%  and  his  Pr^  * 
 ces,  aaoaLMbC  €,QnQZZgZt\Q\\t»Ie>ufa/em  yt  0  keep  the  Paffe  over  inthefecondmoneth\ 
 for  they  could  notkeep  it  at  that  time^becaufe  the  people  had  not fancttfie   :   emfi 
 fufficiently ;   neither  had  the  people  gathered  their  J  dies  together  at  Ierufahm\   and 
 
 tltfth»gfleafedtheKing&nt)a\ittyiZQRQxz$tiiQn,  £>o trjcEettabli$cDa£>cercr, 
 
 S/Z  to 
 
140  The  Soveragnt  Power  of  Parliaments  and  Kingdoms. 
 
 to  make  Proclamation  throughout  aH  Ifrael, from  Bcriheba  even  to  Dan  ,  that  they 
 fhould  come  to  keep  thePaff cover  unto  the  Lord  God  of  Ifrael at  lerufalem,  for  they 
 had  not  done  it  of  a  long  time,  in  fuchfort  as  it  was  written.  So  the  Pofis  went  with  the 
 Letters  from  the  King  and  the  Princes ,  throughout  aU  Ifrael \  and  ludah y  &c.  verf 
 II.  Alfo  in  ludah  the  hand  of  (jod  was  to  give  them  one  heart  to  doe  the  Commande- 
 ment  of  the  Kin<r  and  of  the  ^Princes,  by  tkewordtf  the  Lord;  and  vcrf.  23.  tAnd 
 t^e  tojjQlC  8fTemblE  toofe  CctUlfell  to  k^eep  other  /even  dayci;  and  they  kept  other 
 \K)iChm.Si.fevendayeswithalidneJfe;  and  &ll  t£e  Congregation  of  ludah  and  Ifrael rejoyeed: 
 J8.  u  vcrf  2  5 .  When  all  this  was  finijhed  fill  J|  frael  that  wereprefent,  went  to  the  Cities  of 
 
 ludah  and  brake  the  images  in  pieces^andcut  downthe  Groves,  and  threw  dewne  the 
 high  places  and  the  Altars  outofalijudah  and  Benjamin ,  in  Ephraim  alfs  and  tJM*- 
 naffeih%  untill  they  had  utterly  deslrojed  them  all.  Then  ah  the  (fhildren  of  Ifrael \  re- 
 turned every  man  to  his  piffeffton  into  their  owne  City  :  In  the  2  Chron,  32.5.  when 
 Hezekiah  fdw  that  Senachertb  was  come,  and  that  he  was  pvrpofed  to  fight  againfi 
 
 Icrufalem ;  t£e  took  Coancell  tottj)  ijts  princes  ana  fcfs  migjjts  men,  to  flop  the 
 
 waters  eftbe  Fount  aine  which  were  without  theffity,  and  they  did  help  him,  and  there 
 was  gathered  much  people  together}whofioppedall  the  Fountaines,  &c.  Addc  hcrc» 
 unto  that  notable  Text,  7^.38.4.  to  28.  Where  when  the  Prophet  Ieremy  had  pro- 
 phecied,  that  Icrufalem  jhould  be  given  into  the  hands  of  the  King  ^Baby  Ions  Army 
 which  fhould  take  it ;  Therefore  the  Princes  hereupon  f aid  Unto  the  King,  we  btfeech 
 thee,  let  this  mm  beput  to  death ;  for  thus  he  weakneth  the  hands  of  the  men  of  Warre  - 
 that  remain  in  this  (ftty,  and  the  hands  of  all  the  people,  in  speaking  fuch  words  unto 
 them ;  for  this  manfeeketh  not  the  welfare  of  this  people tbut  the  hart :  Then  Zedechyh 
 the  Kir.gfaid  ;  Behold  he  is  inyour  hand ;  5f02  t|e  fttrtg  is  not  %t  t&at  Can  fcoe  SUf 
 t&ing  agatnll  £CU.  Andjer,  26.8.  r<?2?*  Now  it  came  to  pa ffc  when  Ieremiah  had, 
 made  an  end  offoeakjng  all  that  the  Lord  had  commanded  him  tofpeak?  unto  all  the* 
 people,  that  the  Priefis,  the  prophets,  and  all the  people  tooke  him,  frying;  thou  fhalt 
 furelj  dye,&c.  So  Ez.raio.l.to  20,  There  affemb  led  unto  Ezra  a  voy  great  Congre- 
 gation of  men,  &c»  And  theyfaid  unto  Ezra,  w?  have  trefpaffed  againfi  our  God,  and 
 have  taken  fir  ange  wives  of  the  people  of  the  land ;  yet  now  theretshope  in  Ifrael  con- 
 cerning thisthing.Now  therfore  let  us  make  a  Covenant  with  our  God  to  put  away  all  the 
 fir  ange  wives  i&c.and  let  it  be  don  according  to  the  Law :  and  311  %(t&Z\faidthat  they 
 would  doe  according  tothis  word.  And  they  made  Proclamation  throughout  ludah 
 etnd  lerufalem  unto  all  the  children  of  the  Captivity,  that  they  fhould  gather  themfelvet 
 unto  Icrufalem ;  and  that  whofoever  would  not  come  within  ^dayes  £UC02fcUlg  to  tlje 
 Ccunecll  Of  tljep2tBCesanD  Vft&\^tX*,atthisfubs~lAnc*fhouldbeforfeited3andhitrm 
 fdfe feperated from  the  Congregation  of  thofethathad  beencarryed  away-:  Then  aU 
 the  men  of  ludah  and  Benjamin  gathered  themfelves  together  unto  lerufalem ,  within 
 three  dsyesi  and  all the  people fate  tn  the  fjtreet  of the  houfeof  God  trembling,  hecaufeof 
 this  matter  and for  the  great  r aine .  And  Ezrzthe  Prsesl  food  up  and fatd unto  them9 
 Te  have  tranfgrrjfed  and  taken  fir  ange  wives  to  encreafc  the  tresfaffe  of  Ifrael;  Now 
 therefore  make  confejfi  on  unto  the  Lord  God  of  your  fathers  y  and  doe  hu  plcafure,  and 
 feper  ate  your fclvcs  from  the  people  of  the  Land  >  and  from  the  ftrange  wives.  Then 
 &[{  tfcC  Congregation  anfwe;  edy  and f aid  with  a  lewd  voyce  ;  As  thou  haflfaidjo 
 TKufiwc  doe  ,  but  the  people  are  many ,  and  it  isatime  of  much  r  aine,  and  we  are  not 
 <*fcU  tofiand  without 3  neither  h  thti  4  work^eofone  day  or  two-,  for  wc.are.  many  that 
 
 have. 
 
The  SoT>eraigne  power  of  Parliaments  and  K^in^doms. 
 
 have  tranfgrejjed  in  this  thing  :   let  now  our  rulers  of  all  the  Congregation  ilar.d ,  and 
 let  them  which  have  taken  (Irange  wives  tn  our  Cities  $come  at  appoint  fdtimesyand  with 
 them  the  Elders  of  ever j  fitj  And  the  ludges  thereof,  untiH  the  fierce  wrath  of  our 
 for  this  matter,  be  turned  from  w  :  And  the  Children  of  the  Captivity  didfo.   YVh 
 
 ere 
 
 wefeethe  whoIcCongregationdctermincand  dire&all  that  was  done  in  this  grand 
 common  bufinclTc  :  And  Either  9.  77.  to  32.  the  /ewes  (  upon  Mordecaies  and 
 Esthers  Letters, after  the  (laughter  of  their  Encnvcs )  £>20afneD  CWD  tCDk  upon  t\)ctn 
 SnD  DpontfcCtr  fat),  and  uton  all/uch  as  joyned  themf elves  unto  them,  fo  as  it  fl,onld 
 notfsile,  that  they  would  keep  the  1 3.  and  1 4.  day  of  the  month  tsfdar^  and  make  tt  a 
 day  of  feasting and gladnejfe ,  accordingto  their  writing  and  according  to  their  apm 
 pointed  time  every  ycare  :  tsfnd  that  thefe  dtyes  fijulu  be  kept  and  rememired  tho- 
 rowoitt  every  generation ,  every  Family  f  every  Province,  and  every  Cityy  and  that  >■ 
 dayes  off  urtmfhould  not  faile  from  among  the Iewes,  nor  the  mcmortall  of  them  pem 
 rifjfron,  thtir  feed :  And  the  D  ecree  of  Sfther  confirmed  thofe  mater  ofPurim  ,   A\  £ 
 
 tjjEtj Ijao  oecresD  fo:  trjemfdues ano ttjeft  feet?. 
 
 From  all  thefcTex:s  (compared  with  Prov.  II. 14.  c.  15.22.  c.  25.5.J  it  is  meft 
 apparant;  that  the  Kings  of  Judah  and  Ifracl  were  no  abibiute  Scveraigne  Princes 
 paramount  their  whole  Kingdomcs,  or  the  gencrall  Senate  and  Congrrgitiun  of  the 
 peopIe,or  their  Sanhedriny  but  infer iour  to  t hern  in  power ;  and  not  one lycoun fell ed 
 but  over-ruled  ufually  by  them,  in  all  matters  of  publike  concernment.    A  truth  lb 
 pregnane,  that(VJBp.Z?*//^h]mfclf  from  fomeofthefc  Texts  confciTcth,  That;/-  is 4  (c)Tbe third 
 cjucfltoK  among  the  learned*  what  Soveratgniy  the  whole  people  of  Ifracl  had  over  their  P^t  tftbeTrm 
 Kings  ;  And  that  thefe  Scriptures  haveperfwaded  fome,  and  might  lead  Zuinglius  to  ^S'^r.ccbe^ 
 thw%,that  the  people  of  Ifracl  y  notwithstanding  they  called  for  a  Kina%  p^f  relCtOCD  c*A*fl 
 
 to  tijemfdtjes  furYtcicnt  flutrjoiitp  to  otocr-rnle  t&etr  king,  inhere  things  ix&icb  **™    "f8* 
 femeo  crpement  ano  ntfofullfoitrjepublifce  toclUfarc,  elfegbd  would  not  punijh 
 
 thepecplefor  their  K ings  iniquity y  which  they  mttst  fnffer  and  not  redrejfe.    Hence 
 that  eminent  \c\v  (d)  Iof(p'*M( amzn  beft  acquainted  ofany, with  his  owne  Nations 
 Antiquities,  LawcS ,  and  the  Prerogatives  of  their  kings)  refoive*  in  direel  termes ;  (d)  Anuandud, 
 that  their  Kingy  whofoever  he  werey  ought  to  attribute  more  to  the  L  iwesy  and  to  Qod%  A4.  r,?. 
 
 then  to  his  own  wij dome ,  3ao  toooc  no  tiring  tott&out  tr;e  a&tuce  of  tfie  I^tg6#p2teft 
 
 ano&CliatC  ;  andthat  if  he  multiplyedhorfcs  y  and  mony  more  then  was  fit  tin  a  *Z\)£V 
 Oltg^t  rePG  6tni ,  left  he  btcame  more  potent  then  was  expedient  for  their  affaires. 
 Hence  Petrus  Cunatu  de  "Eepub.  Hcbr.  /.  1 .  c,  12.  p.  101 .102.  writes  thus  of  the 
 Sanhedrm  01  Parliament  among  the  Icwes.  Thus  the  Prophets,  who  gricvcujly  offen- 
 ded, were  nowhere  tlfe  puniflj able  but  m  this  AJfemblj)  which  (  £^U00  ftmim.T  po- 
 teftattS  ttt)  04  it  is  an  Argument  of  Oe  &Uprcmeft  p3U)Er  )  did  both  cor.fiitutc 
 
 the  King  :  ac  de  }5ctto  gtrenoo  ecque  boftibtis  p;oaigcmcts  f  oc  pzofcrenco 
 
 3mp0rtO  Ddtb£tab3Ut.  Sed  quoniam  hac  ejufmodi-erant  in  quibns  filiis  omnium,  & 
 fumm*  Rcipubltct  vertebatur  ,  £onfltltatUttl  DC  1)18  pkrnmque  CWM  f  0> 
 polo  Cff;  indicia enim  Qomiti&funtyin  quibm  foils popnlm  partem  aliquam  capere:  re- 
 gendt  rcipublict,  (jrc.  EDe  KCge  tgltUt  DC  que  ^DCllO,  ut  dixi,decrctafafta  PUtT 
 
 J^opultanctojefunf.  Ccetara  omnia  Senatores  Sanhedrm  per  (c  crpectocrr.  So 
 that  the  Sanbednn  and  Congregation  of  the  people  were  the  inghcfi  SbratijgDC 
 powcr3  and  principal!  determiners  of  publike  matters  concerning  warrc  and  peace,  x"ef 
 hyCt/Htu+hh  rcioluiion:  Whadebacicgthis  weighty  ccntroYcifie,  {d)  Whm,  tke'     * 
 
 SJ    5     '  See' 
 
x  4fc  the  Soleraignefower  of  Parliaments  and  Kingdoms. 
 
 Scepter  of  ludzhwas  (prophefiedofGen.ty.  io.J  and  what  and  whofe  the  Majeftyof 
 the  Empire was  f  determines  thus.  I  fuppofethe  Scepter  to  be  nothing  elfe,  bi.t  xhf 
 Majesty  of  the  Empire  or  Government,  to  wit  that,  £Wx  fpft  HetpuMtCK  affiOCf, 
 which  belongs  to  the  KtpubUfee  it  fclCe.  therefore  whofe  the  Repubhkf  is,  the  Seep, 
 ter  ought  to  be  f aid  theirs.  Now  the  Hebrew  Republike  from  Aiofes  his  time  till  the 
 KingdomeefRehoboam,  was  not  of  the  Iewes  (  or  tribe  of  Indah)  but  of  the  twelve 
 Iribesjrom  whence  itfoHoweSy  that  even  tke  Scepter  for  all  thofe  times  was  ofaH  the 
 Ifradites.  2{jw  of  this  Scepter,  which  was  hngcommonto  all the  twelve  7 rib  es ,  the 
 divine  P  atriarkefpake  not  in  th^tt  most  famous  Oracle:  for  he  leoked  at  Utter yearest 
 and  future  ages >  when  as  theTribeof  ludah,  the  people  being  divided  into  contrary 
 parts%  began  to  have  its  Republike  apart  from  the  Ifraelites,  which  God  approved  and 
 loved;  and  would  have  to  be  called  Iewtfofrom  the  Tribe  of 'Indah  alone,  mtiil  bee 
 (to  wit  fhrift)  fhould  be  oiven  to  the  a(femhliesofmeny  to  whom  not  onely  the  Smp't  -6 
 of  the  Iewes%  but  Qentiles  alfo  was  deflinated.  zAnd  verily  this  Majefty  of  the  Scep- 
 ter, from  the  time  it  once  began  to  be  of  the  Iewes,  we  fay  continued  to  be  theirs  ^although 
 the  ft  ate  of  the  (fommwweale  wasfometimes  changed,  and  the  foveraignty  of  the  Em* 
 pire  was  fometimes  in  the  Elders  and  High  Priefts,  fometimts  in  the  Kings  and  T^ri** 
 ces.  They  doe  too  foolifbly,  who  here  dance  in  a  narrow  compaffe,  andfappofe  that  the 
 honour  of  this  name  appertains  not  but  to  Kings  f  For  what  people  fo ever ■,  ufeth  its 
 
 owne Repubiike andits L*wes,  3jsmte  (Bloiuri  oc  3mpecto  aeqne  fceptro  potett, 
 
 itmayrigbtlyboaftof$t&1&mpittanto&ttfUT*  It  is  recorded,  that  at  Ierstfalem 
 
 even  at  that  time,  when  not  the  Princes  but  the  Elders  governed  the  people,**  the  midft 
 
 of  the  great  Gouncell,  which  they  called  the  Smhedr'm, there  hung  a  Scepter,  which  thing 
 
 verily  was  a  certain  Enfien  of  its  Majeftyywhich  Marcus  Tullius  m  a  p articular  Or ation% 
 
 filthy  EflcoiagnitudinernquandamPopuli,  in  ejus  poteflateac  j'ure  retinender,  que 
 
 vertkur  in  impcrio,  atquc  omnis  populi  dignicate.  Not  Kings  jtot  Princes,  But  Con* 
 
 fuls  and  the  Senate  managed  the  Roman  Common-wealth ;  whence  this  Ltw  of  Truce  ; 
 
 was  given  to  the  tsEtolians,  which  Livy  reports,  That  they  fhould  conferve  SDfje 
 
 Q^ajeft]?  Oftlje  people  Of  l&ome  without  mal-engin  :  And  the  very  fame  thing  was 
 
 commanded  all  free  People,  who  by  any  league  ,  but  not  equall,  would  come  into  the 
 
 frindfiip  of  the  Romanes  ,  as  Proculus  the  Lawyer  witnejjeth,  in  1»7»  F.de  Captiu  :  & 
 
 Poft.  rcverfis.  Neither  thml^we  it  material!  to  our  purpofe ,  of  what  Natim  or  Tribe 
 
 they  were,  who  moderated  and  ruled  the  Iewifh  affaires',  for  although  the  Hafmon&t* 
 
 L  vites  held  their  Kingdomefir  many  yeeres,  yet  the  Republike  was  of  the  Iervijhpeom 
 
 pie.    That  most  wife  Mafter  Seneca  faid  to  Nero  Csefar,  S£t)at  t&e  ivepubitfee  UU0 
 
 not  t&e  P^tnce?,  {or  if  the  Pnnce)  "BViit%Z  p:tnCet&ei£epubUkeS.  Neither  veri- 
 
 ly  was  the  opinio*  of Vipian  the  Lawyer  otherwife ;  for  heat  U ^  faith  ,  that  Su^at 
 
 is  Creafon,  tot>iet>  tscotnmtttcBagatnff  tbeftoman  people,  o;  againfit&mfafe' 
 
 ftJ,l.  I.f.  i.F.ad  Legem  Jul,  Maj\*ft.  Now  Vipian  livtdmthofe  time  sywhen  the  peo» 
 pie  had  neither  command  nor  fujf rages  left  them ,  but  the  Emperours  held  the  Empire 
 and  Principality,  and  yet  he  who  is  wont  mo  ft  accurately  to  define  ah'  things,  faith  y  ^Lfyat 
 Q3njeftg  U  Of  tpe  People  ;  From^U  whtch  it  is  apparanty  that  not  onely  in  the  Ro- 
 man Empire  and  other  Kmokomes,  hut  even  among  the  Iewes  themfelves ;  the  {JWa* 
 lefty*  and  Sovcraign  Power }  and  Scepter  refldcd  not  in  the  Kinfrs,  but  in  the  whole 
 St  Ate  and  People.  Hence  fftH,  Schicltardus  in  his  Ius  Regixm  Hebrtorum,  Argent, 
 1 6  25 .  $•  7«deteruiinesthus.  The  ft  ate  of  the  Iewifh  Ktngdtme  was  not  Monarchical 
 
 (U 
 
The  SoTteraignepolfitT  ofParliamems<ind  Kingdoms. 
 
 fas  our  Court  I  n)  9*t  mixtwkk  an  Ariftocract 
 
 without  the  j  :/*C aiio  u'cruunc  nothing  In 
 
 coK'finutcu  n>ta  King 'but  ..   accributino  iheSovcraifndl  po\\cr  to  the  Con- 
 
 gregation and  Sanhcdrin,  who  had  power  to  create,  el  cct,  and  in  fomecafti  to 
 
 and  depofe their  Kirgs..  Hence  (e)  Huldericus  Zninglius  writes  evprelly  ,  7  hat  the  (■' 
 
 s  of  tie  /  I  others  ywhen  they  dealt  perfdioufty t   contr  ■  e  I  aw  ■ 
 
 God.mdtherule  of  Chrisl,mght  beluwfully depofedby  the  People.  Thutheex 
 oj  Saul  mamfeftly  teacher hy  whom  Codrcjecled^  notwn  m    *    *' ' 
 
 Kir  'csmckc'  and  Kings  trere r.ot removed *  ah  the  people  were pu- 
 
 mft;cdofCod;a*  is  evident  k)  Icr,  I  5.1.  to  6.  whe> c  they  tvere pur tjle.hr it b four judge- 
 ments and  plagues  -or  ManaflehsyWrz.  In  ftimn.c,  if  the  lares  had  not  pcr» 
 King  to  he  Jo  nicked  without  pnnifhment ,  they  had  mr  becne  fo  grievoufly  put  1    (  l  by 
 Gcd.  By  what  means  leu  to  be  removed  from  his  Office,  u  eaffly  to  con jell  ure  ',thcu  maifi 
 not  flay  htm^nor  raifc  any  w..r  or  tumult  todoit,  but  the  thmgis  1 0  be  attempted  by  ot  he*" 
 means  j  becaufe  Cod  hath  called  us  in  peace,  1  Cor. 7.  Jf the Kix^bc create  i  hy  common 
 fuffraqys J:e  may  again  be  deprived by  con.mon  Votes sunl(f\e they  mil  le  fnni  '-  i  » 
 k  im;  but  if  he  be  chofen  by  the  1  letlion  andiorfent  of  a  few  Pr  inccs,  the  people  ma  1    /      - 
 fie  to  them  the  flagitious  life  of  the  Ktng,  and  may  tell  them^that  it  is  by  no  means  to  be  en- 
 durcd,  that  fo  they  may  remove  him,  who  have  inaugurated  him.     Here  now  is  the  diffi- 
 culty .for  thofe  t  hat  do  this  ,r  he  Tyrant  will  proceed  agamft  themaccording  to  hit  luftyu 
 fay  whom  hcpleafcth;  but  it  is  a  git  ricus  thing  to  die  for  ju ft  ice  and  the  truth  of  (Jod>,  a 
 it  i>s  better  to  die  for !  he  defence  of  juftice, then  afterward*  to  be  Jlainwith  the  nicked  by 
 affecting  to  irfuflice ,  or  by  diffcmblwg,  Thofe  who  cannot  endure  this,  let  tl.  cm  indnrcM 
 lufftill  a.r.d  infolent  Tyrant ,  cxpcttingcxtream  punt  foment  together with  him  >  yet  the 
 hand  of the  Lord  isftretched  out  ftill \and  threatr.eth  aflroke  :  But  when  with  the  \  pnfeM 
 and  (njfragc  ofthewbole}  or  certainly  of  the  better  part  of  the  multitude  a  Tyrant  u  1 >c- 
 moved,  ©cO  fit  aufpice,   it  is  done  by  Cjod  approbation.  If  the  Children  of  ICrael  h. 
 thus  dtpofed  M  anaffch ,  they  had  not  been  fo  grievoufly  puutfled  with  him.     So  Zutn- 
 gfius.  Hence (/)  Stephanus  Junius  'Brutus  hiWisl'indiaa  contra  Tyrannos,[n  aniwer  (f)  Qr,fa<P* 
 to  A-fachiavels Princeps  (z tnolx  accurfed  mifchicvous  Treatife  )   and  juslificatton  of  9to**91* 
 the  Proteftan  tsdefenfive  wars  in  France  topreferve  their  Religion  and  Liberties .  Anno 
 
 1589.  determines  poiitivcly,7£*f  asalltbeptopleare  &upericar  to  tfjeLutTg,  fo 
 
 are  thofe  Officers  of  State  and  Pat  I  lament  s^whorcprefent  them  3  fetipcrfotir  to  llfngg 
 coUeclivcly  confideredythough  every  of  them  apart  be  infcriourto  them.  In  the  King, 
 dom  of  Ifraelywhich  by  the  judgement  of  all  PoliUtiani  was  beft  mftitnted,  by  God,  there 
 :vas  this  order  ^The  King  had  not  onely  private  Officers  who  looked  to  his  family  but  the 
 f&ingDCm  bkwife  had") 1  Elders  and  C  aptains  eleiled  out  of  all  the  Tribes  ,who  had  t  he 
 care  of  the  Commonweale  b-jthtn  time  of  peace  andwar  y  and  Ukcw  if e  their  A/.ifr  if  rates 
 in  every  Towny  who  defended  their  fever  allCittes^  as  the  otfars  did  the  whole  kingdom. 
 Thefe  when  ever  they  were  to  deliberate  of  great  eft  affairs  ,  affembled  together  y  neither 
 
 ceulD ang  tbing be  cefci mrncD  tottbeut  tbetr  afctotcctobtctj  mucb  conccrnco  t\)c  com* 
 
 IttQaUKaUb  :  Therefore  (g)  David  called  thefe   all  together  when  he  de fired  to  in  (g)j  Chrej,,.t* 
 
 V?ft  Solomon  in  the  King-lorn,  when  he  de  fired  the  policy  reflored  by  him  f>  ouldbe  exa- 
 
 mincdand  approved,  (h)when  the  Ark^was  to  be  reduced tCrc.  And  becaufe  they  repre-  (*)  *  c  t.ij.u 
 
 fentedafl  the  people,  all  the  people  are  thenfaid  to  have  affembleitoceil  cr.  Finally  %  ft 
 
 fsime{i) refuted  iQH%i\\2ri,condcmr(ed  to  death  by  Szulsfextenceifrtm  whence  it  sip;  1  Sam.14.tf 
 
1 44  The  S(fi>eraigm  jower  of  Parliaments  and  Kingdoms, 
 
 that  an  appeal 'e  lay  from  the  King  to  the  people  :  B ut from  the  time  the  Kingdome  wot 
 divided,  through  the  pride  0/RehoboanV^  SynedHn  oflerufalem  confiftmg  ofjj  men, 
 
 (X)lChYontl0m  feems  to  beef  that  authorise,  t&at  t&ep  migtjt  jaBge  t&e  fttng  in  their  affemblyr  as 
 well  at  the  King  judge  them  when  thej  were  apart*     The  Captain  of  the  Houfe  of  ludah 
 
 (!)  tfehi  i.  j.'  was  (I)  Prejident  over  this  affembly,  that  is  ,  fome  chief  man  chofen  out  of  the  Tribe  of 
 ludah,  as  even  the  chief  man  for  the  (fity  Ierufalem,was  chofen  out  of  the  Tribe  of 'Benja- 
 
 (m)'W,i*-9*i7  m*n  •"  This  will  be  made  more  evident  by  examples*,  (m)  Ieremie  being  fent  by  God  to 
 denounce  the  overthrow  of  the  City  lerufalem,  is  for  this,  ft*" ft  condemned  by  the  Priefts 
 and  Prophet st  that  is,  by  the  Ecclefiaflicall judgement  or  Senate  ;  after  tbis  ,  by  all  the 
 People,  that  is,  by  the  ordinary  ludges  of  the  Citie,  to  wit^  by  theQaptams  ofthoufands 
 and  hundreds ;  at  I  aft  by  the  Princes  of  ludah,  that  is ,  by  the  7 1  men  fitting  in  the  new 
 Perch  of  the  Temple  j  his  caufe  being  made  known  Joe  is  acquitted.  Now  they  in  that  ve- 
 ry judgement  exprefly  condemn  Kinglchofokim  9  who  a  little  before  hadmoft  cruelly 
 flain  the  Prophet  Uriah,  threatninglike  things*  Alfo  we  reade  {n)elfewherey  that  King 
 
 in)ler.tf.&l$  Zcdckiah,  did fo  much  reverence  the  Authoritie  of this  Sanhedrin,  that  he  durft  not  free 
 the  Prophet  J  eremic,  thruft  by  thefeyj  men  into  a  filthy  prifon ,  but  likewife  fcarce  da* 
 redtotranftcitehiminto  the  Court  of  the  Prifon fromthence  ;yeay  when  theypcrfwaded 
 him  to  confent  to  Jeremiah  his  death  Joe  an  fiver  ed,  that  he  was  in  their  hands  ,  -and  that 
 jjt  COtllO  ROf  COntraDfat  t&em  fit  attp  t&tag ;  Tea,  he  fearing  left they  fhould enquire  into 
 the  conference  which  he  privately  had  with  Ieremie,  as  if  he  were  ahout  to  render  an  ac- 
 count of  the  things  which  he  had  ffok^n^forgeth  a  lie.  %%tl  efoje  it\  t&t*  ftingOoiB  tye 
 
 states  oj  Officers  of  t^e^ingDomlDereabotJet^efeing  j  I  fay  y  in  this  Kingdome 
 
 which  was  instituted  andordaintd^  not  by  Plato  or  Ariftotlc,  but  by  Cjod  himfelf,  the 
 ^Author  of  all  order  3and  the  chiefeinftitutor  of  all  Monarchy ;  Such  werethe  feven  Magi 
 in  the  Vct&mEmpire,  the  Ephori  in  the  Spartan  Kingdom  ,and  the  publike  Minifttrs  in 
 the  Egyptian  Kingdome ,  afftgned  and  ajfociatedto  the  King  by  the  People  to  that  onely 
 end,  that  He  fhould  not  commit  any  thing  againfl  the  Lawes*  Thus,  and  much  more 
 this  Author,  together  with  Con,  Super ant ius  Fafco,  who  publifhed  this  Treatife  to 
 allpious  and  faithful!  Princes  of  the  Republikc,giving  lar^e  Encomiums  of  its  worth; 
 as  alfo  the  Author  of  the  Treatife  De  lure  Magi  fir  at  us  in  Sabditos.  p%  253, 254, 25  5, 
 256.  268,  to  275.  whofewords  for  brevity  I  pretermit;  Bp*  Bilfon  in  his  forecited 
 paflages  :  and  Hugo  Grotitts  De  lure  Belli  &  pacis,  /.  1,  cs$fecT*20*  p*6%,  64* 
 where  he  confeffeth,  That  if  the  King  of  the  Israelites  offended  againft  the  Lawet 
 written  concerning  the  Office  of  a  King,  he  was  to  be  fcourged  for  it;  and  that  the  Samhe- 
 dxin  had  a  power  above  their  king  in  fome  cafes. 
 5  •  Finally  y  the  Kings  of  I frae  I  and  ludah  were  notfuperior  toy  nor  exempted  from  the 
 
 Lawesy  but  inferiourto  and  obliged  by  them,  as  well  as  Subjefts :  This  is  evident,  not 
 onely  by  the premifes,  but  by  iiindry  impregnable  Texts,  AsDeut.ij.  18.  19,20. 
 where  God  hknfelfc  in  the  very  defcription  of  the  office  and  duty  of  their  King,  pre. 
 fcribes  this  in  direct  tcrmes,  as  a  part  of  his  duty.  And  it  [hall be when  He  fitteth  on  the 
 Throne  of  this  Kingdome, that  be  {ball  write  him  a  Copy  ofWfyi*  &afc)  in  a  Booke,  out  of 
 .    w  that  before  the  Prieftc  and  Levites  :  And  it  p:all  bewith  Him,  and  Hefhaltread  there- 
 
 in 3111 1  jje  Dage*  Of  htS  life,  that  be  may  learn  tofeare  the  Lord  his  god,  2£o  fe#p  all 
 
 f  &e  Ibojd*  of  tfce  ilato,  ana  tbefe  Statutes  to  Doe  t&m,  that  bit  heart  be  not  lifted  up 
 above  his  brethren ;  and  that  ^e  tarn  not  afioe  from  tfje  Commandment,  to  t|e 
 m\)t  fcatlll  OJ  to  tilt  Uft ;  fecondtfd  by  lojh.j.  S.ThisBeoke  of  the  Lawfhallnot  depart 
 
 out 
 
lu 
 
 The  SoTteraigne  power  of  Parliaments  andl\ingdoms.         *"  771 
 
 \ohtnfthj  miath %bnt  thou  f>  dt  meditate  therein  d*y*nd  nighty  that  tkimm  i 
 ferveto  doe  according  to  ,?,/  thai  U  writ  I  ■>:  :  turne  not  re  it  from  t 
 
 hand  jr  to  the  left, for  they.  '  y  way  profper 
 
 \goodfncceffe.    Hence  it  was*  that  as  foeo  as  ever  JW  wis  clewed  and  made  Kim 
 S.imuel&ud  the  people,  be  being  the  flrf*  of  their  KingO  j  amuel  t  ople  the 
 
 manner  of  the  Ktngdomyand  wrote  it  in  a  Bockey  and  I  aid  it  up  ht  for/the  Lord:  n 
 Booke%CQnt.iir>ed>;otthe exorbitances  and  oppn  rcfo 
 
 ever  thcmymentionedin  the  1  Sam.  8.  1 1 .  to  \  c>,  as  fofepbtu  miflakcs ;  but  as  pi  trus 
 
 tmand  (<j)  ethers  more  rightly  otierve,  the  Law  ofGodconcemin  r,*/r-  ^yUn  • 
 
 by  him,  Deut.  17.14.*  to  the  end ;  and  fit ch  L  twes  which  commanded  Km*  s  r^d.c.c 
 
 firil 
 
 to  ufe  luflicear.d  equity  ;  to  govern  the  Qom  .  h  well.fr  thepe  ; 
 
 abfiainefromf  rnicatton  avd  lusls ;   to  retain  modejly  in  a grc 
 
 Si  vw/cnioyncd  both  Saul  and  the  Tcopley  tofeare  the  Lordy  andferve  him, 
 
 his  voycey  a::d  follow  him  %  ar.dr.otrebell  again  film  (fommandement       c.   i   S.im 
 
 14, 1  5.  20.  to  IftHcO&KiMg  (rjDaviddid  alwayes  meditate in  the  Law  of  God,  da* 
 
 and  night %  accotf.  ting  it  more  deare  unto  him  then  thoafands  if  Gold  and  fiver  :    A  nd  W  yf '.  ',  ?# 
 
 vvithali  pronca::ccth  from  Gods  own  mouth  ;   (f)  The  Godof  Ifraelflui^  theReclee  :^*I,"  II 
 
 oftfraeljpahftomej  he  that  rttlcth  overmen  mnft  be  jftft,  ruling  in  the  fear  e  cf  Go  I.  V?\    • 
 
 Hence  the  (t)Jj>u.  ofShecba  ufed  this  fpeech  co  king  Sclomoxy£ccaufetbe  Lor,.  %   "'*' ** 
 
 Ifrael  for  ever,  therefore  made  he  thee  King  (what}  to  domineer e  at  his  pic 
 
 verily, but)  ££o  COCJUtgcmcnt  atlD  Huftlce.  Vpon  this  ground,  (  v)  Kinflofah  '}1 
 
 made  a  covenant  before  the  Lord,  to  walks  after  the  Lord,  3nDtO  fccp  tUsCcmntart-  ^  1  C'rin  **! 
 
 tocmente,  ana  fcistefhrnontes  anD  bis  ftatutes  with  all  his  heart,  andwith  all his  foni ;  &  j  c/;nw  x 
 
 >fW  ^T/Arg  (x)A(*)1*it*  other  Princes  and  Goi  ernors  did  the  /^,as  t !'  e  prcm  ifes  CVI-  11.  /#  17 
 dence  ;  From  ail  which,  (y)  and  infinite  other  ScriptureSyob  lining  Kings  to  reign  tn  10.3  &;, 
 righteoufneffe,  to  doejuftice  and  judgement  to  all,  and  (*)  reprehending  them  exceeding-  9*  \  •  c-  lo«  i» 
 /r  for  their  injufl [ices  tyranny ^ppreffions ',  idolatries,  and  other  finnes  ;  it  is  incfr3Pa-  /^Jf*** 
 ble  ;  that  their  kin^s  were  as  much,  if  not  more  obliged  to  keep  both  ^cdi  and  the  \I\Ql?*** 
 kingdomes  Lawcs,    as  the  SubiecTs;  and  had  no  arbitrary  power  to  doe  what  they  *  Sm%\ 
 pleafed. 
 
 All  that  i  ^or  can  be  co'ourably  obie&cd  to  the  contrary,  to  prove  the  kings  of  \L  ^  - 
 
 jAgt 
 
 thceyfZ^&tmzXybave  Ifrw.-d,  and  done  this  cvill  in  thy  fight  :    Ofwhich  (a  .Hierom  tfta+frtoiM 
 renders  th is  reafoOj  Quod  Rex  erM  c~  ahum  but:  almm  non  habebai tfnperfc  . 
 
 Which  zSinbrofc  tin  slcccnds,  Rcxerat,  jiiulUsip'c  legibus  tcncbatur,  quia  lib  en  ^ 
 fun: Reg' s  a  1  irit >.  '.  rum :  Nefme  cnim  uUii  adpanam vocantur  Ug&w ,  Cutt  E°ur\^ 
 
 Smpent  pofef'fltC,  Hon.ira  ergo  non  feccdvit,  cui  non  tentbatur  obr.o.xihs  (c)  Arno-  ( 
 &m&fijfi9dor,*ddeiDfpopuUJiejuiJ  ,       Deo  pec  cat  £r  Regi:q:s>.;;do  Rex  (0  '     . 
 
 Nulla  creatura  j  a  die  at  Regent  y  fed  Dens  I  :    Therefore  the  lewifh  k  i  n  l  s  *7. 
 
 were  aboveall  Lawes,  andnoclubici1tothcccnfur<softhcir  Congregation^ 
 or  Sanhcdrir. 
 
 Tt  To 
 
ia6  The  Soloeraign  power  of  Parliaments  and  Kingdoms. 
 
 |W- 
 
 mti 
 
 tAnfrv*         To  this  I  antwer  firft,  That  no  doubt,  Davidby  his  adultry  and  murthcr  (being  lLn^. 
 (e)  i bim.1,%1.  finnes againft  the fecond Tabic)  did  finne  not  onely  againft  C7od,  but  (0  againsl  ljjK«"- 
 2  chron.6tll4    vrUh  and  his  wife  too,  their  children  and  kinred  ;  yea  (f)  againft  hu  $v>n  foule  and 
 Dm.ax.  13,14.  y0({j  though  he  were  a  king ;  That  ofluslus  EccardusyDe  Lege  Regiay  being  an  ir- 
 tn^Pwv.'ioz  rcfragablctruthrgranted  by  (g)  all  Lawyers  and  Divines  whatfocver,  that  the  abfo- 
 i Co¥.6.'\l.  '  '  luteft  Emperors, MonarchsJ<ings,  that  beyarefubjeZl  to  theLawesofGody  of  Nature,  IW 
 (g)  See  Gntius  of  Nations  yand  cannot  juftly  doe  any  thing  againft  them  to  the  hurt  of  pietieychaftityy 
 de  lure  Belli,  I.  famet  Itfe,  or  what  is  contrary  to  good  ^Manners.    Secondly,  No  doubt  every  king 
 a.  c.14./".  xc,     is  jj0Uncj  ]n  Confciencc  by  the  Law  of  God  and  man,  to  give  fatisfaftion  and  recom- 
 nmiusle^rm-  Pcncc  t0  ms  Subie6ts  againft  whom  he  finaeth  in  this  nature,  as  David  himfelfe  de* 
 eipetulib.Rebuf  terminer  in  this  hii  own  cafe$  2  Sam.  1 2. 5;  >6y  7.    Thirdly,  For  this  my  fin  againft  V* 
 Vrefat.odKubr  riah  C^od  threatens  y  that  the  [word  fhould  never  depart  from  Davids  houfe  j  that  hee 
 de  CoHatienibttsy  would  raife  up  evil  againft  him  out  of  his  own  houfe 7that  he  would  take  his  wives  before 
 $%  *8**  fa  eyes  and  give  them  unto  his  Neighbour ',  who  fiouldlyemth  them  in  the  fight  of  the 
 
 S unne,  before  all Ifrael^  2  Sam.  12. 10, 1 1 .12.  which  was  a  finally  fulfilled  in  and  by 
 Abfalomhisjonney  2Sam.  16.  22.  The  gloffe  therefore  of  thefe  Fathers^  that  David 
 "was  exempt  from  all  Law  es  being  a  &ingy  and  that  he  could  not  finne  againft  a  Sub jeft % 
 is  point-blank  againft  the Hiftory,  and  Te*t  itfelfe;  and  manifeftedtobeapparantly 
 falfe  by  all  the  premifed  Scriptures  and  Authorities.   Fourthly,  the  true  reifon  of 
 this  fpeech  o?David$  Againft  theey  %ty®  onel^  lmt)e  3  fintiefc,  and  done  this  evill  in 
 (b)  *n  Pf.  ?o.  thy  fight,  as  jiuguftine  (h)  and  others  truly  obferve  was :  1.  Becaufe  David  had 
 Mar!orat0Mol»  yiottecl  and  contrived  the  murther  of  Vriah,  andabuftng  of  hts  wife  fo  clofely  ,  that 
 lc1h;nB  edw'-  no  mm  ^ or  coU^  tei^notlce  °f*(  >  whence  Nathan  the  Prophet  tells  him,  2  Sam. 
 lachwiBreMus  J  2.  12.  Thou  didft  it  &ZttZt\$y  but  I will do  this  before  all Ifrael  :  fed  forte  er  at  quod 
 BucunmyliY€ro%  homines  latebaty  &  non  inv enieb ant  illi  quod  erat  quidemy  fed  manifeftum  non  eraty 
 Bugenbag.  Fer-  writes  \Augu81ne  :  2.  Becaufe  Vriah  being  flain,  and  hiswifcapartyconfentingto 
 namsy  Haymv,  DaT^s  finne,  his  finne  now  might  in  this  fence  be  faid.  to  be  againft  God  alone.   3. 
 Savamrola  ^  ^nnc  >  Auatenus  fime  3  anc*  as  !'  deferves  eternall  puniftimcnt ,  is  properly  coni- 
 Scultetus   gV  fitted  againft  none'but  God,whofi  Law  and  prohibition  only  makesit finne ;  therefore 
 bertcognatust    in  this  regard,Z)^^now  confefltng  his  finne  to  God  himfelfe,  ufeth  this  expreffion 
 wefthemerusy    and  rhetor  icall  mgcn)\nniot\)Csfgainft  thee  ^hee  only  have  I  finned.    4.  Becaufe  none 
 Zeggdimts        was  frce  from  finne,  and  fo  fit  to  be  his  Judge  in  tbat  refpc&  but  God  onely,  5.  Only, 
 f^CJpiLu[rm  is  many  times  taken  for  principally  or  efpccially;  aswcufually  &y,fuch  aoneis  the 
 (i  >  Rom.  z.ii.   onely  man  ;  fnch  afalve  or  medicine ,  is  the  onely  remedy  ;  and  the  Scripture  ufeth  this 
 74.15. «. 3. 20.  phrafein  this  fence  in  Davids  ownccafe,  1  King  15,7.  David  did  that  which  was 
 *•  5.i3-  f«7«7«    right  in  the  eye  t  of  the  Lord,  and  turned  not  afidefrom  any  thing  that  he  commanded 
 pCfMf.  16.     fjim  an  the  day e%  of  his  lifey  fave  ONSLT  in  the  matter  of  Vrtah,  that  is  princi- 
 (k)z  Sam     .    Pa%*  f°r  ^c  comnrjitted  divers  fins  befides,  as  in  nn-m  bring  the  people,  in  giving  Me* 
 10.  to  20.         phibojheths  land  to  Ziba  upon  afalfe  fugges~lion%  himfelfe  cenfefiing  (m)  that  his  im- 
 (/)  Sam.i6.&    quities  were  gone  over  his  heady  and  hisfinnes  more  then  thehairespfhis  head:  but  yet 
 39-  *8,i9.        this  was  his  ONLY,  to  wit,  his  principall  finne:  fo  in  divers  other  sTe.vts,  onely  is 
 ^f^Y0,12,  ufcdforPrinciPa%'  MloJb.Wj \l8.  Onely  be  thouftrong;    1&ZW.18.17.  Onelybe 
 (n)seeDi  lure  thouvaliant :  So  hcrc,againft  thee,thet  only  have  I  finned ;  th3t  is>  Iliaycprincipally 
 Magiflratusin   finned  againft  thee  alone, not  excluding  his  finne  againft  himfelfe,  Vriah,  and  others, 
 fnbditQi.faQiy  whom  he  injured  thereby.   6.  This  finne  againft  (n)  Vriah  tvas  but  a  perfonall  and 
 3Qh  private  injury  ^into  which  David fcHtut  of  humane  frailty  t  it  was  the  firft  and  onely 
 
 finne. 
 
J  be  Stfteraign  power  oj  Parliaments  and  IQngdomer.  147 
 
 'Inoflhiikrndcthii*  cvtr  he  committed,4!  ircread-the  madeno  fj  .   %ker9m 
 
 tentedforit,  and  never  rcJapfed  again  into  it  :    in  this  regard  therefore  [hcie  Fathers 
 interpretations  may  be  Orchodo.i-  y  th&t  for  fuch  a  private  fin  pfinfirmitie  one/u  Da- 
 Vidwas  vetrcjpon/ible  nor  puntpjable  by  the  Co, 'greg.it ton  or  Sanhcdrt*  :  But  had  he 
 made  a  common  trade  of  numbering  his  fubjefis  ,  ravifhing  their  wives,  and  the  like* 
 or  giving  himfclfeovcr  to  the  open  pradicc  of  groiTc  Idolatry  ,  (  a  (In  oncly  agataft 
 ■God  himfelf)  and  not  repented  of ,  or  humbled  himfclf  folemnly  for  it,  as  he  S;d  for 
 Ithcfe  fins  here,  no  doubt  the  C  ongrcgation  ox  Sanhedrin  might  upo:i  complaint  Jiave 
 |qucftioncd,  reprehended,  and  cenfured  him  for  it,as  the  premifes  plentifully  minifeft , 
 notwithftanding  the privilcdgeofhisregalitiCj  which,  as  it  exempted  him  not  from 
 the  guilt  ,fo  not  from  the  punifhm:nt  due  unto  fuch  Crimes,  whether  temponll  or 
 cternall:  not  from  t  he  (o)  eternally  which  is  the  grcateft,  thac  is  certain,  therefore  not  (§) 
 from  the  temporal!,  which  is  thelcflc.  Finally  ,God  himfelfthreatcns^hat  (p)  If 'So-  ***•*.* 
 lomon  or  any  Kings  0/Davids  Ssedfjouldforjal^e  his  Lawyandnot  leeephisComnx  '^7'14 
 
 ments  Jbttt  commit  iniquity  againft  him  yhc  wouldchafien  them  with  tije  ttoD  Of  tpCH,  ,£    9'^0^1' 
 anDt^efetriprSOftfieCtltl^Cnof^cn;  whence  the  (ej)    Rabbins  Write,   7 hat  if(q)HBg$GfZ 
 their  Kings  tranfgrejfed  againft  the  Law  of the  King,  they  were  and  might  be  fcottrged  twtdeiure 
 for  it  j  without  dijhonour^by  a  man  whomthemfelves  made  choice  of  :   Therefore  the  ] 
 might  be  juftly  cenfured  and  puniGicd  by  men  for  their  tranfgrefllons  againft  God  *,f- ?/"*■*•# 
 a!one,notwithftanding  this  glofTc  of  thefc  Fathers,truc  only  in  lorn  fence  in  private  ca-  ^  ' 4% 
 fes,and  fins  of  infirmity  againft  private  men,  not  of  publikc  habitual!  tranfgrcflion?. 
 
 The  fecondObjedtion,is  that  Speech  of  Samuel  to  the  people,  i  Sam*  8.  i  r.to  19.  objett. 
 This  will  be  the  manner  of  the  Kingthat  fiall  reign  overyow,  Hewitt  take  your  fons  and 
 daughter J \and appoint  them  for  himfclf \  &c.  And  he  will  take  your  f  elds  9  and  jour 
 ftneyards,  andyour  Oltveyards  ,even  the  beft  of  them  tand  give  them  to  hu  fervants. 
 tslndhe  will  take  the  tenth  oj your  feed ,  andofyour  Vineyards^andgive  to  hisfcrvantsi 
 tAndhe  will  take  jour  mstnfervantfyyour  maidfervants  %  your  goodliest  young  men  and 
 your  Ajfes}>andput  them  to  hisfervtce\  he  will  take  the  tenth  ofyo  ir  fheep^ani  ye  frsH 
 be  hisfervants ;  tAndyc  fhallcr*e  out  in  that  day  ,  becaufeofthe  K  ing  whom  jee  have 
 chofenyou  yand  the  Lordwittnot  hear  youtn  that  day.  Therefore  their  Kings  were  ab- 
 folutc  Monarchs, not  bound  to  La wsmorrefponfible  to  their  fubiccls  for  their  c.^pref- 
 fions,  nor  yet  refiftible  by  them. 
 
 To  which  I  anfwer,  that  this  is  a  dire  ft  description  of  a  Tyrant  tzx\d  not  of  a  lawful 
 King;  as  is  evident, 
 
 Firft,  bytheveryoccafiouofthc  words ;  Vttered purpofcly  by  Samuel  todijfwade  jHfwyt 
 thePeople from  electing  aKing ,  exchanging  their former  Ariftocraticall  Government ytn* 
 to  a  Monarchicafl  ibcctukthcl:  kings  would  many  of  them  prove  mac  opprcflivc, 
 Tyrannicallandburthcnfome  to  them  then  their  Judges  or  his  fons  were,  whofc  bri- 
 bery and  pervcitingof;udgmcnt,mo^ed  the  people  thus  carncftly  to  afTeft  a  change  of  ( <  \jmi 
 Government's  is  evident  by  thci,  2,3,4y5,6,andoVerfes ;  f/)/^/;^/,andthccon-  iU> 
 fentofallEvpofitors* 
 
 Sccondly,by  the  introduction  to,  and  thevvords  thcmfclvs/r/j//  trill  bt  the  tr.  i  ■ 
 
 the  K  ingth  at  jh  all  reign  over  you,  ^e  toill  take ,  and\l  fcutU  do  thus  and  thus-,  not 
 this  oaght  to  be  the  manner,  he  ought  to  do,  or  lawfully  may  do  thus  and  thus. 
 
 Thirdly,  by  the  things  themfelvcs  which  he  would  do,  which  arc  directly  contrary 
 to  Venter*  17. 14.  to  the  end;  and  all  other  Scriptures,  csprcfly  enjoyning   A'ings 
 
 Tt%  (:)  to 
 
The  Solytraigm  power  of  Parliaments  and  kingdoms. 
 
 (v}£W.2oi  to cozet  thei"  neighbours  Houfeyhis  menfcrvantsy  his  maidferv  ants  Jhu  O.ve,or  his  dffe 
 \7*QCHt.^xi.  or  any  thingthattshis  Neighbours  :  If  their  /(Tings  then  might  not  lawfully  fo  much  as 
 dclircor covet,  much  leiTc  might  they  lawfully  take  away  their  Houfcs,  Sonnes, 
 Daughters,Manfervants,Maidlervants, AflTeSjSheepjCorn,  Vineyards, or  anything 
 e!fe  that  was  theirs,  without  their  free  confents,as.SW/ttf/tells  them  their  King  would 
 do;  this  therefore  mud  need*  be  onely  a  declaration  of  what  their  Xings  would  Ty. 
 ranoically  do,  not  of  what  they  might  lawfully  or  juftly  cvecute. 
 
 Secondly,  itisGodscvprcffeEdic},  Ezjek*^6*  18.     The  Prince fbaU  rot  take  the 
 
 Peoples  inheritance  by  opprejftonyto  thrufl  them  out  of  thiirpoffeffions  Jbut  he  font! give  his 
 
 Sons  inheritance  out  of  his  own poffeffion^  that  mj  people  be  not  fcattered  every  one  from 
 
 bis poffeffion.  And  Zte^.45. 8, 9.   The  Land  Jhall  be  the  Princes  poffeffion  inffrael, 
 
 And  my  Princes Jhall  no  more  opprejfe  my  people  ,  and  the  reft  of  the  Land 'Jh  all they  give 
 
 to  the  houfe  of  Ifrael  according  to  their  Tribes :  Thus  faith  the  Lord  Gody  Let  it  fuffce 
 
 joh9  0  Princes  of  Ifrael;  remove  violence  and  fpoileyand  execute  judgement  andjuftice; 
 
 t ake  are ay  your  ex attions  for  cvpulfions  ^  from  my  people %  faith  the  Lord9     Whence 
 
 fth  Kwg*  lt<  (x)  Ahab  Kingof  Ifrael  for  coveting  ,and  unju illy  depriving  Naboth  of his  Vineyard, 
 
 *^  which  he  refufed  to  fell  him,  becaufe  it  wm  the  inheritance  of  his  lathers^  andtakingpofm 
 
 fcfft 'on  thereof 'after  his  unjuft  condemnation  ,  had  a  mo  ft  fever  e  judgement  denounced 
 
 againft  him^,  even  the  utter  extirpation  of  himfef  £>\zzzbt\yand their pofterity,  aftcr^ 
 
 wards  executed  :  Which  pun ifhment  God  would  never  have  inflicled  on  them,had  it 
 
 been  lawfull  for  the  Kings  of  Ifrael  to  iak?  the  peoples  Fields,  Vineyards,  Oliveywds, 
 
 &cy  and  pofTeflc  or  give  them  to  their  fervants,  as  Samuel  here  tels  them  their  Kings 
 
 ivill  do:    This  daufe  then  of  taking  their  Field i^Vineyards^&c.  from  them ,  by  the 
 
 iving,  without  their  confents,  being  thus  diamctrally  contrary  to  thefeTcvrs  of  Em 
 
 ^f^/,andfuch  a  capkall  Crime  in  i^ing^^,Cyea, contrary  tothepra&ifcof/*/^^ 
 
 and  the  t^£gyptian  Heathen  King  Pharaoh^Ww took  not  away^but bought  the  osEgyp* 
 
 iians  Cattell and  Lands  for  Come  ,Gen.  47, 14,  to  ^*]^)  can  no  wayes  be  warranted 
 
 as  a  juit  royall  prerogative  lawfull  for  their  -Kings  to  ufc ,  but  muft  needs  be  branded 
 
 for  a  Tyraanicall  Oppreffion.' 
 
 Fourthly,  this  is  evident  by  the  eonfequences  o£it,  Te  [hall  be  his  fervants  y  (not  fub- 
 je£h ;  )  And  ye  Jhall  criein  that  day  becaufe  of  your  .King  which  je  have  chofenyou9 
 And  the  Lord  will not  hear  you  in  that  day ,  Verfe  1 7 ,  18.  Certainly  the  people  neither 
 would  nor  ought  to  crie  to  god  againft  the  proceedings  of  a  juft  upright  Xing ,  but 
 onely  ofa  Tyrant  and  Oppreflbur ;  therefore  this  Te*t  muft  needs  be  meant  of  fuch  a 
 one,  who  fhould  be  a  fcourgc  and  puniftiment  to  them,  asTyrants  arc,  not  a  bicfling 
 as  good  Kings  alwayes  be. 
 
 Fifthly ^onfult  wc  with  all  Polititians  wharfcever, this  defcription  fuites  onely  with 
 a  Tyrant.not  with  any  lawfull  Xing :  and  that  it  is  meant  of  fuch  a  one,v\C  have  the  te- 
 <  y)Ant]yt.  ftimony  off/  )lofeph us ,the  gcnerall  concurring  furTrage  of  all  Gommentators  and  Ex. 
 ludA^cqJ.  pofitors  one  the  place  (  fee  Lyra,  Hugo  de  Sa.'MoViclorey  Carthuftun^Angelomus 
 Lexovienfts yC alvin ^Brentius iBugenhagius %  Beda,  Bcrtorms i  Afartin  Borrh<eus,Pem 
 ter  tjMartyryZanchiiUy  Psfcator,  Serrarius,  St>-i^eliu4y  rDol}or  Willet ,  'Deodv  e.xhc 
 Englifh  Bibles  notes,  with  other  t>)  andol  fu  cuy  whadefcant  oa  this  Tfxi  in  other 
 
The  Soveraign  Tovtr  of  Parliaments  and  kingdoms.  M9 
 
 writings;  by  namc,oj  hi. /J  .  C,/  ,/,^  c.  20.  ft  tt. 2  6.  ttifhop  Por.et  hii  Politi- 
 
 eall  Government. /vj 4.//^'. '<  ffrfffju  /  ;   jfo#4  cm  XrnTjrnnnos^ g*.$*P*\  21 .1  21.134. 
 13$^I53.154«IJ5«159»^^/^  Olfagift  $*tfdilof9p9  270,27*.  -  " 
 
 ChrontchoH.p%'lC<&,Petri<sCttt:x<si/ic  t^pub,l  Mr*orJ.\  ,c.  i^.Brrtr.t^t,  Volittalu* 
 diic.p^^.Sijukjrdus  jhs  Rtfi*mlM<U*p6\.  ^  time  us  GtntUU  dr  \nrt  "Belli ,  /.  3.C 
 \^.p.6ll.Hrro  Cretins dejmre Belli &P*CH,t.l.c.t(*  <L<4d>toUt*.  p.  71.  Guvernado 
 ChrtftUhv,p%j9  GctrgtHS  Bucatnwusdejrirc  Regxiapptd  Scoto.^p.^/Dol^man.p.6% 
 70,H<£non.dtJp.po/timp  ^.tVcemfe  2  Vfif.i.Part.pA l.Hotfifndtri,  Franco. GaM^c* 
 YO.Ameftnsde  Cnfiins  Qonfiienci*  ^p.^06.  and  (to  name  no  more  in  fo  plain  a  cafe)  of 
 Doclor Feme  himfelf,in  his  RefoivjngofCon(cicncc,/W7.  ^./uo.  where  hco  write1, 
 That  Samuci  beretels  the  people  Jsotv  they  fly*  Id  be  OppjeflcO  under  Kings  ;  jet  all 
 tbatttolenccanttnjufttCG  tone  Unto  ttjem,  it  no  cnufe  of  refinance  %&c.    This  Text 
 then  being  dcerly  meant  of  their  ATings  Oppreflion,  violence,  injulticc  againit  Liw, 
 right,and  a  clear  description  of  a  Tyrant,  not  a  A'ing;  I  may  fafcly  concludcfromallthc 
 premifes,  that  even  among  the  IfraelitCi  and  Iewithemfelves,  their  A'mgs  wore  fub- 
 jift  to  the  Lawes,  and  that  the  w hole  Congregation, /Cingdon^Scnate^anhedrin,  not 
 their  A"ings,wcrc  the  Supreme  Soveraign  power, and  Paramount  their  A'ings  them- 
 feWes,whotu  they  did  thus  freely  elcdtjConftitute^and  might  in  fomc  cafes  julily  cen- 
 farejrcfift^epolCjC.fnot  put  todeathj  by  common  confent/or  notorious  grofTc  Ico- 
 latties  and  publike  multiplied  dunes,  as  the  forccitcd  authors  averre.  All  which 
 con(idered,ecernally  refutes,  fubverts^confennds  the  crronious  falfePcfitions  and  I  a- 
 radoxes  which  Dodoc  Fcrr.e^  Cjrijfith  fP/AforajBifhop  of  Offery,  the  Authour  of  The 
 necejfttie  ofSubjeUion^  with  ©ther  late  ignorant  Pamphlettcrs  ,  have  broached  to  the 
 contrary,  without  cither  ground  or  presidents  to  warrant  what  they  affirm,  touching 
 thcabfolutc  Soveraignty,  Monarchy,  irtcfiftibilitie,incorrigibility  of  the  /Tings  of  Iu- 
 dah  and  Ifrael  by  their  whole  State*,  Gong,  cgations,  A'ingdoms  generall  a  (Tents,  and 
 utterly  take*  away  thoe  Tandy  fabulous  foundations  upon  which  their  impertinent 
 Pamphlets  againft  the  Soveraign  Power  of  Parliaments,  ATingdoms,and  the  illegality 
 of  Subjects  taking  up  defenfive  Arms  againft  Ty  rannicall  Princes,  bent  to  fubvert  Rc- 
 ligion}Laws>  Liberties,  the  Republike,  arc  founded;  which  mult  now  needs  ranifK 
 into  nothing,bcfore  this  CathoIlke,irrcfragablecl«ar.fTlinine^erity, abundantly  rati- 
 fy ed  by  innumerable  prefidents  in  all  eminent  kingdoms,  Stater,  Nations ,that  either 
 hayebecnin  any  former  ages,  craie)et  extant  in  the  world;  which  muft  2nd  will  in- 
 finitely ovcr-fway,  fwallow  up  the  inconsiderable  contrary  opinions  offomefew  pri- 
 vadoes,who  (  either  out  of  flattery,  hopes  of  getting  ,  cr  keeping  undemerited  prc- 
 fcrmcnt3)fcaicfc,ifplca(ing  grcatnelTe,  or  inconfideratc  following  of  other  reputed 
 learned  mens  m, (takes,  without  due  examination  oftheircrronlousTcnems   ha ve en- 
 gaged thcmfclvc.  in  a Polemir i\\  blindeCombatcagainft  thefe  infragablc  tranfparcne 
 Verities ;  whofe defence  1  have  here  made  good  againft  all  their  mifptifionsj  and  boo;- 
 lefleaflaults. 
 
 Having  now  Hiftorically  ran  over  the  moft  eminent  Empires  ,  A'ingtloms  of  anci- 
 ent and  prefect  times,  inakiude  of  confufed  method  t  their  copious  vaftnefle  ani 
 vartctie  being  foboundlcfic,  and  my  time  to  collect  them  fo  fmall,tiut  I  could  hardly 
 marftiall  ihemitro  any  con  ciy  diftind  Regiments,  or  reduce  them  to  the  particular 
 Heads  debated  in  the  premifes  ;  I  (lis  11  therefore  for  a  conclufion  deduce  thefe  diftinct 
 Co&cufious  fiom  them.,  to  which  the  fubiiance  cf  all  thCKCUtd  Hiitorics  may  be  apt- 
 
 T3  iv 
 
1 50  The  S  otter  aignepomr  of  Parliaments  and  \tngdoms 
 
 Jy  reduced,  and  arcintruthabundantly  confirmed  by  tbcra  beyond  all  contradiction, 
 annexing  fome  new  pun&uall  Authorities  of  note,  to  ratific  and  confirme  them* 
 Obfervl  U       Ffrft,  his  undeniably  evident  from  all  the  premifes,  That  all  Monarchies ,  Em* 
 fires,  Kingdoms,  Emperours,  Kings,  Princes  in  the  world.wcre  originally  created \  in* 
 fiituted,  ordained,  continued,  limited^  and  received  all  their  jurifdtllion,p9ifKr9  Autho- 
 rise both  from,  by \and  for the  people,  whofe  Creatures,  Miniflers  ,  Servants  thej  are, 
 and  ought  to  be.  If  we  furvey  all  thcfevcrali  Lawfull  Monarchies,  Empires,  Prin- 
 cipalities,  Emperours,  and  Kings,  that  either  have  been.or  yet  arc  extant  in  the  world< 
 wefindeall  facrcd  and  prophanc  Hiftories  concurrein  this ,  that  they  had  their  or igu 
 nail  erettions,  creations fromyhy,and for the  People  ;Yca,we  read  the  very  times  when, 
 the  mofi  Monarchies  of  note  were  inftitutcd^thc  Names  of  thofcon  whom  the  firft  Mo- 
 narchies were  conferred,   (by  the  peoples  free  election  onclyj  yet  extant  on  record 
 in  moftKiftories^nd  wichall  exprefferclation^of  many  different  kinds  ofATingdoms, 
 icings,  inrefpecl  otfuccefllon,contiirjancc,Power,jurifdi(5tion/carceany  two  king- 
 doms,or their/Cings,  being  alike  in  allthings  in  regard  of  Prerogatives  &jurifdj&ions; 
 (\)i  P^.i.ij.  aji  Hitlorics  &  Polititiaias  concurring>refolving  with^/V^that  Kings  are  humane 
 CtSatUteSO;  ^l^inmtUjtnftituted,  diverfified  thus  by  men,  and  the  people  alone, 
 out  of  Gods  generator  fpcciall  providence,  not  one  of  them  all  being  immediately  or 
 direclly  ordained  by  God,  asthconely  efficient  caufe,  without  the  free  concur* 
 rence,  confent  and  inftitution  ofthe  people.   This  truth,  is  not  oncly  ratified  by 
 Lex  liegia,  whereby  the  %oman  Emperours  were  created,  yea,inveftcd  with  a JI  their 
 power ;  regiftred  by  Tuflus  Eccardus  de  Lege  Regiaj&Marius  Salamonim  de  Princi- 
 (a)  Pm.tf*     patu,l6»  (a)  formerly  tranferibed;  by  Plato  3tslriftotle ,  Xenophon,  Berofus,  Poly  bin 
 ri °*T J I .  m^  Qiceroy  Livy , lufiin^  Plinie, Strabo ,  Plutarch,  D ionyfius  Hallicarnafftus  ,  D iodo* 
 
 rus  Siculus,  Paufaniat,  Solium \  ^Alexander  ab  Alexandro  ,  Hermannus  Schedell^ 
 •    Herodotus,  Boemw,  Pomponius  Mela ;   forecited,  and  generally  by  all  Htftorians, 
 Qhronologers,  Antiquaries^  Lawyers,  Politians  whatfocver;  but  directly  averred  and 
 proved  by  Francifcus  Hotomanus  (a famous  Lawyer)  in  his  Franco- gallia,  ci.&io, 
 13.  the  Author  of  D  e  lure  Magiflratus  infubditos ,  J£u4ft.  5  p.i^^i\o,&c^Thomo4 
 Garzonius  Emporij  EmporiorutnyPars^i.Difcurfus  1  .deDom.p*l$*  Vafquius  Con- 
 iroverfJlluflrium^\z%n.\?fi%*)$%n4% ,  6i.#422*  80. w^.  io8»  ».  19. 141.  »«2.  Cova- 
 rnnius,£lu&ft.  IlluflmT.2.  39^^.2.4.  Hugo  Grotius  de  Jure  Belli,  /.I.  ctq.fe&9  7.  /,2* 
 cli4./(f^?.H.and  elfe  where;  Marius  SaLvmonius de Principatu;  Eccardus 'de  lege Re- 
 gia,  with  others  cited  by  them :  Hookers  Ecclefiaftj'call  Polity. l.i.feft*  10. p. 69,  jot  71. 
 (a  pregnant  f\zcz)Albericus  gentiltsde  lure  Belhyl.-$.c.iQ.\t)  Joannes  Mariana  de 
 Rege  &  RegumInftit.l.i*c*ltoiOtSparfimi&  Iuniut  Brutus^  Vindici*  contra  Ty* 
 ranmsy  Sluaft* 3 4^.83^0  94. with  whole  words  I  (hall  clofcupthis6bfervation,(ha* 
 (b)  Vau  $$*    vjng  (^)cl(c  where  particularly  proved  the  verity  thereof.and  anfwered  all  Obie&ions 
 xif,to  uj.      againft  it  from  mifinterpreted  Scriptures : ) 
 
 ,  We  fay  now  (writes  he)  that  the  people  conftitutc  Kings,  deliver  Kingdoms,  ap- 
 ,  prove  Kings  elections,  with  their  fuffrages ;  which  God  would  have  to  be  thus,  that 
 ,  fo  whatfocver  authority  and  power  they  {hould  have,  they  fhould,  nc.vt  to  him,  re- 
 ,fcrreittothe  people, and  therefore  fhould  beftow  all  their  care,  thoughts,  induftrie 
 ,  for  the  peoples  profic;  neither  verily  fhould  they  think  theaifelves  advanced  above 
 ,  other  men  for  their  excellency  of  nature,  no  otherwife  then  men  are  over  Heards 
 ,and  Flocks,  but  {hould  remember,  that  being  born  in  the  fame  condition  with 
 
 ,  others, 
 
The  Sftoerahnepover  of  Parliaments  and  Kingdoms.  f  rf 
 
 ,  others,  they  were  lifted  up  from  the  ground  unto  that  condition  by  the  .  ,  as  ic 
 
 %  were,  by  theShouIders  of  the  people,  upon  vvhofc  Shoulders  the  burthen  of  the  Com. 
 
 and 
 ruti- 
 
 y  >^iv, L/y  ««.  »jiiuiuuci&  ui  ujc  pcupje,  upon  wnoic  anouicicrs  tne  uurtnen  or  dieC 
 ,  mon-wcalcfhouldfor  a  grcatpartscfl.-  After  which  he  proves  by  'Bent.  17. 
 ,  divers  forecitedprefidcnts  in  Scripture,  that  God  gave  the  Election  andContti 
 
 ,  Whence  we  may  conclude,  that  the  Kingdom  of  Ifracl,  if  wc  refpeel  the  Hock     was 
 ^certainly  hereditary,  but  if  wc  regard  the  pcrfons,  altogether  clcrtibf.   But  to  what 
 ,  end  vvas  this,  if  the  Ileftion  appear,  asit  isconfcfTcd,  but  that  the  remembrance  of 
 ,fo  great  a  dionitie  conferred  by  the  people,  fliould  make  them  al way  cs  mindcfullof 
 ,  their  duty:  So  likewife  among  the  Heathens  wc  read, that  Kings  were  constituted  by 
 ,  thepeople jfor  when  they  had  wars  abroad, or  contention  at  home,  fomc  one  man,  of 
 3  whofe  fortitude  and  jultice  the  multitude  had  a  great  opinion  ,  was  by  ommon  con- 
 ,  fent  aflumed  for  King.  And  among  the  (c)  Medcsfihh  Cicero  ,  Dcioccs  was  of  an 
 ,  Arbitrator  made  a  Iugde,of  a  Iudge  created  a  King ;  and  among  the  Romancst\\t  fii  It  M  r 
 ,  Kings  were  elected.  Theteforc  when  Romulus  being  taken  away,  the  Inter- rc^um  C}"ro>il0(J*< 
 ,  of  the  hundred  Senators  was  difpleafing  to  the  Romans,  they  accorded,  (d)  that  af-  (d)Lh':us  U 
 ,  wards  Kings  fliould  be  chofen  by  the  Suffrages  of  the  people,  the  Senate  approving 
 ,  it :  And  T^irquin  the  proud  was  therefore  reputed  a  Tyrant,  for  that  beino  created 
 ,  neither  by  the  people  nor  Senate,  he  held  the  Empire  oncly  by  force  and  power : 
 ,  Wherefore  Oxfkr  although  he  invaded  the  Empire  by  force,  yet  that  he  might  cofen 
 ,thc  people  at  leaft  with  fomepicccxf  of  Law,  would  fcem  to  have  received  the  Em. 
 ,  pirc  from  the  Senate  and  people :  Bu*  asftiguftiu  although  he  vvas  adopted  by  Ce- 
 ,/Ttr,  yet  he  never  bare  himfclfe  as  heire  of  the  Empire,  bydivife  ;  but  rather  re- 
 ,  cci  ved  it  as  from  the  Senate  and  people ;  as  did  alfo  Caligula^  Ttbcritu ,  Qwdius ; 
 ,  whereas  Nero%  who  fir  ft  invaded  the  Empire  by  force  ana  wickednclTc  without  any 
 9  colour  of  Law,  was  condemned  by  the  Senate,  Since  then  no  man  could  be  born  an 
 aabibluteKing,  no  man  can  be  a  King  by  himfclfe,  no  man  can  reigne  without  the 
 ,  people:  Whereas  on  the  contrary  3the  people  may  both  be,and  are  by  thcrpfelvs,and 
 ,  are  in  time  before  a  King;it  moft  certainly  appears, that  all  Kings  were  firft  conftitu- 
 ,  ted  by  the  people.  Now  albeit  that  from  the  time  that  Sons  or  Nephews  imitated  the 
 ,vertues  of  their  parents,  they  fcem  to  have  made  kingdomes  as  it  were  hereditary 
 ,  tothemfclves  in  certain  Countries,  where  the  free  power  of  Election  may  fcem  \n 
 ,fome  fort  to  haveceaied,  yet  that  cuftome  hath  continued  in  all  well  cor.ftituted 
 ,  kingdomes,  that  the  children  of  the  deccafedkings  fliould  not  iuccccd  untill  they 
 ,  wexcasdenono,  newly  conftitutcd  by  the  people,  norfliouldnot  be  acknowledged 
 ,  as  heir<s  to  their  Fathers,  butfhould  orely then  at  length  be  reputed  kings,  when 
 ,  they  had  asit  wcrcreceivcdinveditr.rcof  the  Rcalme  from  thofc  who  reprcfent  the 
 Majeftyofthc  people, by  a  Scepter  and  Diadem,  InChriftian  kingdomci  which  at 
 ,  this  day  are  faid  to  be  conferd  by  fucccfFion,thcrcare  extant  moft  evident  footflcps  i  t 
 ,  this  thing.  For  the  kings  oy  Fr*-,:  rEngUnd^m\  others  arc  wont  to  be  in  u-»  »^    .  (  .Ar^ 
 
 ,gurated,  and  as  it  were  put  into  poflcffionof  the  Realm  by  t  he  Stares,  Senators,  No-  ^#  55.  <: 
 ^bks  and  great  men  of  the  Realm,  who  reprcfent  the  univcrfaJity  of  the  people, in  the 
 , fame  manner  as  theEmpcroursof  Germany  arc  by  the  Elector*,  and  the  kings  cr 
 ,  PoUnd  by  the  Vayuods  or  Palatines,  where  the  intire  right  is  oncly  L  .1,  nci- 
 
 K 
 
i  e  z  Tke  S  over  eigne  Power  ofP&rliaments  and  Kingdoms. 
 
 ,  ther  is  royali  Honour  yeeldcd  to  them  in  the  Cities  of  the  ki^gdomes,  be'ore  they 
 ,  have  been  duly  inaugurated ;  Neither  alfo  heretofore  did  they  compute  the  time  of 
 ,  the  reignc,  but  from  the  day  of  the  inauguration,  which  computation  was  accurate- 
 ,  ly  obfer  ved  in  France  :  And  that  we  may  not  be  deceived  by  reafon  of  any  continu- 
 ed ftories  of  fuccefllon  •  even  in  thofc  very  kingdcms,the  States  of  the  Realme  have 
 ,oft  times  preferred  a  kinfman  before  a  fonne,  the  fecend  fonne  before  the  elded ;  js 
 (e\  Anaks  >  *n  France>  (e)  Lcwiijht  brother,  before  Robert  Earl  ofDreux  j  alfo  Henry ,the  fc- 
 GlUu  > conc*  brother,  before  Robert  Capet  the  Nephew, with  ethers  elfewhere.-Yea,  and  the 
 
 ,fame  kingdome  by  ^lut^tt^cf  t&e  people, hath  been  translated  from  one  Nation 
 y  and  Family  to  another,  whiles  there  were lawfull  heires  extant ;  from  ihc  Af trotting* 
 3  to  the  Carltngi,  from  the  Car  lingi  to  the  Capets;  which  hath  been  like  wife  done  in 
 ,otherRealms,as  it  fufficiently  appears  out  of  the  trueft  Hiftories.  And  that  we  may 
 ,  not  recede  from  the  kiugdome  of  France,  which  hath  ever  been  reputed  the  pat- 
 ,  tern  of  the  reft,  in  which,  I  fay,  fucceffion  feemes  to  have  obtained  greateft  ftrength  • 
 ,  We  read  that  Tharamondviis  ek&zd,Annc  419,  Pipen,  2^77,75 1.  Pipens  fonnes, 
 «,  Cfczr/?/thegrea:and  Charlemain  768.net  havingrefped  of  the  Father  \Charlemam 
 ,  being  atlaft  taken  away  771 .  the  Brothers  part  did  not  immediatly  accrue  to  Charts 
 ,  the  Great, as  is  uftiaily  donein  inheritance?,  but  by  the  determination  of  the  people 
 and  publike  Counccll ;  and  by  them  Lttdovicuspius  was  elected,  An.  812.  although 
 9  he  were  the  fonne  of  Charles  the  great.  Yea,  in  the  very  Teftament  of£harlesywh\ch. 
 is  extant  in  T^auclerns^  he  Bjnfreats  ttje  people  b$  t&e  Common  Counccll  cf  flje 
 Healm  to  elect  one  ef  &t$  nep&e&s  fofj5  t&ep  pleafetyas  for  his>  Vncles  he  bids  the  reft 
 fatisfied  with  theJDecra  of  t\z  people*  Whence  Charles  the  bald,  Nephew  by  Lewis 
 the  godly  and  ludithrfrofetteth  himfelfe  #n  electeO  i&tng  m^Aimoinim  the  Histori- 
 ographer. In  fumme,  all  kings  whatfoevcr,  fromthe  beginning  were  dDlecttbej  and 
 ^thofewho  at  this  day  ftrivetocometo  thekingdome  by  fucceffion,  muft  of  neccfi. 
 ,fity  be  jfitftojOatneDbpt^e  people.  Finally,  albeit  thepcoplc  by  reafon  of  certain 
 3  egregious  merits,  hath  in  certain  Realmes  ufed  to  chufe  kings  out  of  the  fame  ftock 
 yet  they  chafe  the  ftock  itfelf,  nor  the  branch  ;  neither  do  they  fo  chufe  it  but  if  it  de- 
 generates,2:tje^ma^  elect  another  -But  even  thofe  who  are  neereft  of  that  ftock,  arc 
 not  fo  much  born,  as  made  kings  5  are  not  fo  much  accounted  kings  as  the  At- 
 tendants ©f  kings;  which  F ranci feus  Hot om anus  in  his  Frcnco-Gallia,  cap,  6,7, 
 &  IQ.  profecutes  more  at  large,  and  manifefts  by  fundry  pertinent  Prefidents  and 
 Authorities. 
 Obferv.2,  Secondly,  that  it  id  apparantby  all  the  premifed  Hiftories ;  That  in  all  Empires^ 
 Monarchies,  the  whole  S myire  State %Kingdomey-mth  theP  arliaments  .Senates  Jtates^ 
 Diets  y  pub  like  Officers  and  generall  Affemt lies which  reprcfent  them^arethe  Supream- 
 eft  Soveraign  power,  fuperiour  to  the  Emperonrsy  Kings  and  Princes  themfelves  •  who 
 are  fub ordinate  Ministers  andfervants  to  them  ,  e letted  ,  created  by  them  for  their 
 common  goo  d\and  not  abfolute  Soveraign  Lords  or  Proprietors  to  rule  &  domineer  over 
 themat  their pleafnre  :  Which  conclufion you  iliallfind  abundantly  ratified,  and  pro- 
 felTcdly  maintained  by  Marias  Salamonitu,  de  Principatu,  in  fix  feverall  Books  •  by 
 lohn Mariana,  de Rege  Cr  Regis Itrftit. I.  i.e.  8.  Stephanas  Iunius Brutus,  his  Vi*- 
 diciacortra  Tjrannos,  throughout,  efpecialiy/t.oi.ftf  zlQ.  the  Trcatife,  Delure 
 Magiflratta  in  Subditos,  throughout:  Iuslui  Eccardus,  deLcgeRegia  :  Henricus 
 Ranwvins ;  Qommentf.rU  BcUtci 3  Hf?%i*  r.g.  and  cliewhere :  Ceorgius  Obrechm 
 
 (an 
 
J  be  So^craigii  power  of  Parliaments  an  J  IQngdoms.  I  53 
 
 (an  eminent  Civ  ill  Lawyer )  Dify1t.1t tones  Iundtc<cy  dr  FrincifW  Etltijc':.  1 1 5.  to 
 2C0.  where  he  chus  rclolvcs,  (f)  The  infer  tour Maptftratesi  as  in  Germany  tint  F- 
 Uchors ,  Princes y£*r/es, Imperiall Cities \    im  Frame e  the  Peers  cf  France,   %n  Poland  llK       '* 
 the  I 'ay nodes  or  Palatines,  and  in  other  Kingdom* s  the    .  ttorj,  And  Dele- 
 
 gates of  tht  Efiatest  us  they  are  (cverulij  inferiomr  to  the  Lmperour  §\  ,   Jt& 
 
 Slntge*&  feupmo;es  cytQiint,  (o  collc&ively  cbcp  are  fupcucurto  rfccm;  as 
 
 a  General/ CounccR is  above  the  Pope,  the  Chapter  aizve  the  Btjhop,  theVmzetpty 
 above  the  Chancel/or  ;  The  Prince ,  faith  (g)  Pliny  ti  ! ,  even  the  great efit  is  ob- 
 
 liged to  the  Commonwealth  by  an  Oath, as  its  fervunt  ,  ac  ipfa  Republic*  Jen  Regno  {&  r'*j- 
 ^UlO;eft,  nndtslejfethenthe'R^publileeorKingdomeitfelfe:)  by  F r anc  1  feus  Hot 0.  1Mx  * 
 mar,  us  a  learned  French  Lawyer  ,\n  his  Fr4HC0»G*lliAtc,6jj.%o9i\9i\l  15,16, 18, 
 20.   Aquinas  9  de  Regimine  Princtpum,  c.6.    by  Hemingins  Arm  feus /De  Auliori-  «  r,  etcU 
 tate  Pnr.cipttm  in  popfilfimyQrc  and  De  lure  Atajesldtis,  Sebashanus  Yoxim   y   De  adver-Mowi' 
 Regni  Regifcjm  Infiittttione ;   Fafcjuius  Controvcrf.  Iunflrtrimp*jj:my  CavarnntusiX>L6i^- 
 Contr.lllHftr.  T.  a.  505.  ».i.  309.  *«  6.  Hxko»  Difp.Po/it.p.ijo.&C.  Alhnfius  Po-  \^^[      J 
 ltt*c.\.p  \dfi.to  154.  wi>h  Iohn  (fal  vm  Infiit.  /.^  ciofecr.  31. and  *  divers  others 
 forccked  :  Hcaic  (h)  Iunius  Brutus\ni\cic\  of  all  thcreit  to  this  particular,  being  (b)ymmfkk 
 a  Frenchman  by  biith,  and  writing  his  mind  herein  both  freely ,  accutely  and  ingc-  c§wtr^Tpmm$i 
 nioufly,  in  thefc  words:  ■*£«*«*« 
 
 ,  Now  \crily,nnceKingsarcconftituted  by  the  people,  kfcernsncceiTariJy  tofol-  Jy^*3  *,,,,u 
 ,low,  popu/um  umverfum  Rcge  potiortmejfe  %  SEtjatall  tJ)C  people  are  better  an& 
 ,  greater  tfccn  the  fttng.  ForTuch  i>  the  force  of  the  word,  that  whoever  is  conititu- 
 ,  ted  by  anothcr,is  reputed  lelTc  then  him ;  he  whoreceivech  authority  from  another, 
 ■  is  iafcriour  to  his  Author.  (1)  Potipher  the  Egyptian  appointed  lo/eph  over  his  fa-  ,a-m 
 ,mily,  (kj)  jXcbuchadonozL.tr  fct  Daniel  over  the  Piov'mcc  of  Babjlon;{l)  Darius  fct  /ft  PdH,i|i 
 ,  an  hundred  and  twenty  Princes  over  the  Ki<!gdomc.  Verily  Matters  arc  faidtoap-  (l^Vm  f.i- 
 ,  point  feivants;   King-.  Minifters;  fo  Ijkewilethc  people  appoints  the  King,  as  the 
 ?  Miniver  of  the  G-mmonweale;  which  t'tlcgood  Kings  have  not  contemned,  and 
 ill  Kings  have  aflfe6ted,fo  that  for  fome  ages,  none  of  the  Rom  in  Emperour^bucan 
 apparant Tyrant,  fuch  as  Nero,  'Domittan,  Caligula,  would  be  called  L.ORD. 
 y  Moreover  it  appearcs,  that  Kings  wercinftituied  tor  the  peoples  fake  5  neither  wilt 
 ,  thou  fay,  that  for  an  hundred  Homunciccs  more  or  Jclfe^for  the  moft  part  far  woife 
 then  the  reft  J  all  inreiiours  whatfocver  wcie  created  ,  rather  then  they  for  them. 
 Now  reafon  requires,  that  he  for  whole  fake  another  cxilts,  is  to  be  accounted  Idler 
 ,  then  he.   Thus  the  Governour  of  a  Ship  is  inftitutcd  by  the  owner  for  the  Shippes 
 ,fake,  who  fits  at  the  F'e'.mc,  left  the  Ship  fliould  be  broken  on  the  Rocks,  or  ill  hold 
 -hcrcotirfe.    And  verily  whiles  he  intends  this  bu(Wcflf,  the  other  Mariners  fcrvc 
 ,  him,  and  the  owner  himlclfe  obey  es  him  $  andyctheisafetvantofthe  ihip,as  well 
 ,  as  any  manner,  neither  differs  he  from  a  mariner  in  gender,  but  in  kind.-  In  the 
 *  iRepublikeJwhich  is  ufually  compared  to  a  Ship,  the  King  is  in  place  ofaM  after,  the 
 ,  people  of  an  Owner :  Thrcforc  to  him  fceking  the  publike  fafety ,  the  people  obey 
 3andfubmit;   whennotwithftandinghers,  and  ought  no  lefie to  be  accounted  afer- 
 ,  vaotto  the  Rcpublike,  as  well  as  any  Judge  or  Captain,  neither  differs  he  from  thofe 
 ,  in  any  thing,  but  that  he  is  bound  to  bcarc  greater  burthens,  andundergoc  more 
 , dangers:   Wnerfore  verily  what  things  foevcr  the  King  acquires  in  warre,  or  when 
 ,hcgaincthadjoyningCoafts  by  right ofwarreorbjfaucnccofLaw^sthoit  things 
 
 V  u  ffbiOl 
 
1 54  The  Solteraignefower  of  Parliaments  and  Kingdoms. 
 
 which  arc  brought  into  the  Efchequer,  he  acquires  to  the  Kingdom  not  to  himfelfc  $ 
 ,  to  the  people,  I  fay,  which  conftitute  the  kingdome,  no  oihcrwife  then  as  a  fervant 
 9(purchafeth)  to  his  Lord;  neither  can  any  obligation  be  contracted  with  him,  but 
 ,  by  their  authority,  Furthermore,  innumerable  people  live  without  a  king,  but  thoit 
 ,  canft  not  conceive  a  ^Ting  without  a  people,  fo  much  as  in  thy  mind.  Neither  have 
 ,fcmeattained  a  Royall  Dignity  becaufethey  differed  in  kind  from  other  men,  and 
 ,  ought  to  rule  over  others  by  a  certain  excellency  of  nature,  as  fliepheards  doc  over 
 ,  their  Flocks;  but  rather,  the  people  created  out  of  the  fame  Made,  have  advanced 
 ,thcm  tothatdegrce,thatto  if  they  enjoved  any  authority,  any  power,  they  fhould 
 ?  acknowledge  it  received  from  them,  and  poffefleit  as  during  their  pleafure  >  which 
 C)  Hotmml    >  l^c  anc^nt  cuflomeof  the  French  aptly  flicweth,  who  *  lifting  their  King  up  on  a 
 mns$^GaHkyf  Buckler,  proclaimed  him  King.  For  why,  I  pray,  are  Kings  faidtohave  innumcra-. 
 £.<?.  \  ble eyes,  many  cares, long  hands,  moftfwift  feet?    what,  becaufe  they  arc  like  to 
 
 ,  Argns%  Gerion%  Af*^,ortothofewhom  fables  have  feined  ?  verily  no,  but  indeed 
 ,  becaufe  all  the  people  whom  itcbncerns,lcKd  all  their  cies,theirears,their  bands,fect, 
 ,and  faculties  to  the  king  for  the  ufc  of  the  Republike.  Let  rhepcoplerceede  from  the 
 $  King,  he  who  even  now  feemed  eyed,  eared,  ftreng  and  flouriftnng ;  will  fuddenly 
 ,  wax  blind,  deafc,  and  fall  to  nothing ;  he  who  ercwhiie  did  magnificently  triumph, 
 ?will  in  one  moment  become  vile  to  all;  hewhoeven  now  was  adored  almoftwith 
 ?  divine  honours,  will  be  compelled  to  play  theSchoolmafter  at  Corinth  :  Over- turn 
 ,  only  the  bafis  of  this  Giant-like  heape,  and  like  the  Rhodian  Coloflus,  it  will 
 ,  of  necefsity  fall,  and  be  broken  into  pieces.  Since  therefore  aKingcarifts  byandfor 
 ,  the  people,  and  cannot  conftft  without  the  people  ;  to  w  horn  may  it  fcem  lirange  if 
 9  we  conclude,  ffi&att&e  people  aregrcafert&enttje  fttng* 
 
 ,  Moreover,  what  we  fay  of  all  the  People,  we  will  havefpoken  alfo,as  in  the  fe- 
 ,cond  Qucftion,  of  thofc  alfo  who  lawfully  rcprefent  all  the  people  in  tvery 
 J  kingdome  or  <£ky,who  verily  arecommonly  reputed  the  Officers  ofthc  IfttngDomr, 
 ,  not  King*  The  Officers  of  the  King,  are  created  or  discharged  by  the  Kingac 
 , his  pleafure;  Moreover,  whenhedyeth  they  are  out  of  place,  and  areinfomefort 
 ,  accounted  dead  men.  Contrarily,  the  Officers  of  the  kingdome,  receive  their  aa« 
 ,thorityfrom  thepcople,to  wit,  Jti  a  pabU&eCcnrtCell,o*atlcaft,^retof02etoere 
 ,  toont  fo  receive  tCnett&er  can  ttyv  be  caflj&reo  totWout  t&e  fame*  Therefore  thofe 
 ,  depend  on  the  King*  thefe  on  the  kingdome :  they,from  the  Supreme  Officer  of  the 
 ,kingdome,whoisthe  king  himfelfc ;  thefe,  jfromt^e  &up;eam  E>omtnion  Of  tlje 
 ?  people,  from  whonatheking  himfelfe,  as  well  as  they,  ought  to  depend.  Their 
 ,  Officeis,to  take  care  ofthc  ki^ :  thtfc  mens  duty,  to  take  heed  that  the  Common - 
 3  wealth  receiuc  no  detriment  any  where:Thcirs  robe  prcfent  and  ferue  theATing,as  any 
 ^ domeftick  fervants doe  their  Maftcn $  thefe  mens,to  defend  the  rightsand  priuiJedges 
 ,pf  the  people,  and  diligently  to  prouide,  that  the  Prince  himfelfe  commit,  or  omit 
 ,  nothing  to  their  deftru&ion.  Finally,thofcare  the  Kings  feruants,  Miniflers,  dome- 
 o  flicks,  inftituted  only  to  obey  him  $  thefe  contra  rily,arc  as  the  kings  Affeflbrs  in  jud- 
 ging according  to  Law  and  Confortsofthe  Royal  Empire-fo  as  all  thefe  are  bound 
 ,  to  goucrn  the  Commonweal,  no  otherwifc  then  the  king  is  •  yet  he,as  aprefident  a- 
 ,  mong  them,  may  onely  hold  the  firft  place.  Nowas&lltje  pco£h  are  fapert&ttr 
 »  to  t&e  &trtg  j  focuen  thcfc,aIchough  fingle,cvery  of  them  be  inferiour  to  the  King,  yet 
 *  #Uflf  tytmm  tQ  bep#BU&  (ngcctOU(  tQ.|ilflk  How  greae  ihc  power  of  the  firft 
 
 ,Ki<j£$ 
 
The  SoDeraiyi  Polver  of  Parliaments  <tnd  Qngdmu 
 
 _ _ - —    '         —  .    ..      i  i         ■  % 
 
 —— r7fi7',i.ntlv  from  this:  that  Ephron  king  of  the  Htt  rites,  durft  not 
 
 P^«W^^»^So^«withoueT  people,  confer;  nor  «*»<«« 
 
 ,the  Hiuitekingoi.? ™'™  ,f.  Anrd  vetlIy  inthofc  kingdome«,which  at  that  time 
 ,i„g  ufually  ,efe  "'/'^Xth  0ne  City ,  this  was  ealie  f  But  from  that  time  king. 
 ,y««««**«Mjg35K  neither  could  all  thepcopieaflemble  in  one  place 
 .began to inlargetneir  i  ^  w  intw|j  who fl,ouid ordinarU 
 
 ,  ly  defend thetr t.ghts  yeao,dbeextriord.nan  affcmblcd  Wee  fa 
 , 0t at  leaft  a  «tta.n E P  tome otthe  whlch  b     he  -ud         K a,moft 0f 
 
 .thisotdettohavebeentnthekm  .  ihcking  had  his  Baker,,  B,tlers,Charn. 
 
 ,alIpol.t.t.an« ^^^rdio{  his  Houfe,  who  overlooked  his  Family  ;  the 
 ,berlaines,  Matters  ana         ffi  Eidetsand  Captains  chofen  out  of  every  tribe, 
 
 ,' kiDgdom  Jud W« ^Xind«dd«ofpe.eeor«.r«:  .ndWily 
 ,  who  might  take  care  otthe  iwp  ^  w£teevcry  onc  to  defend  their  R.tcs.asthe 
 ,its  Magilltatesm  every  'bcibovctheir  kj         andtoover- 
 
 ,  rule  them.inthe  J0"™"  J      Conforts  0f  theRoyall  Honor.and  who  vt ere  called   »  ^  t; 
 
 »^/-£*^'^"B"S"h3e  judgement  we  read  the  k.ngsrefted  fatisfied:     ' 
 ,'he  kings  ey«and^^^ 
 
 ,Suchwerethe£pW''n^  P  hemfclvcs.  lsitisin  .^r.ftetU;  InthelL- 
 
 ,  and  who  d,d  ^ewfjudge  rtiek    §  ^^  ^  ^         zq  ^  king  b     he 
 
 ,  gyptian  k  ^S  W£"  fcould  commit  nothing  agajnft  the  La  we..  Naw 
 'Pe°;le'  Tfi  ev    v  where  calls  theft  lawfull  kings.to  whom  fuch  Officer,  are 
 ,ts(.)^J«/»*J ^Tg e7earesnottofay>whetetheyarewant.ng,thatthcreisnota     ^.,pt, 
 ,ad.oyned,fohkev.ilcne«  inlvabatb  aroustyrannie,orado.Tunat.onnexttoTyran^        u  ^ 
 .Monarchy-  buteithe  plan  yaD J^. ispItce>andthe  Mag  ttrates  ufu-  ,.e.7> 
 ,  nlc  In  the  Roman  State. the  Sena         of  £he  Confufs>  the  prefident  of  the  City,  and 
 ,ally  chofen  by  the  people,  tie      ^^  the  king  to  the  people,  which  fowucipi  out 
 ,thcreft,fo  as  there  lay  »n»PP        and  the  Hiftory  of  JW.w  T^^w.condem- 
 ,oiTulUcs  Book  o  f  th eRepubl  £       d      f  his  flj,er,andablblVed  by  the  people.luf- 
 ,  ned  by  the  Royall  »«d|eS  ^ %  Emperours,  the  Senate,  Confuls,  Prctors,  Preto- 
 .ficiently  evidenccth  :  B«e i  r  -       giventothepeopleandJenate, 
 
 ',  rianPerfeas,  Presents  o Pjov.nce ^  rf  fh  ,£  f  w#   Therefore  when  as 
 
 ,  weretherefore  all  called  tne       *xtminuslUe  E  mp:rour  was  iudged  an  enemy  of  the 
 jbytheDeeteeofthe^enate,^  ^  ^tytr,ns  were  created  Emperors  by  the  Senate 
 
 aga  ntt  nim.w* »—»"■-•■;  unwf0{vertbis  aw  migntDe  vio»atcaunucnyi»miY.  -  --  - 
 ,  As  lot  the  Empires  at  trnsoay  ^  Empires)  there  is  not  one  of  them,  which  if 
 
 "^^^cS^hKWUwi  intmrr-  fuc  ifit 
 
 ,not  at  this  t'me>w*s  "  thfMauiHratsfaultand  floathfulnes.that  in  fome  places  po- 
 ^con^op^^ 
 
 >ettethc<eOfi^^ 
 
 , their  ancient  fta£l«  ^ ^JJ  J Ecckfiattick.,  Earles,  Barons.  C.t.es,  Em- 
 
 .Trinces.and  E  cao»,aS  we  ^  rf the  Commonwale  m  lheir  kve„n 
 
 ,batfadotsofCMes,wnoasi»cy  ^  ^  ^  , plates. 
 
1 56  The  Sotteraign  power  of  Parliaments  and  J^ngaoms. 
 
 fa)  Speculum 
 Saxo^cum. 
 
 7  bio  Caluo. 
 3te  Htfomavi 
 Franco-gallM* 
 
 fitfu.lnfi.qiabus 
 mod.  in  Petri* 
 ftf.JQlvitur, 
 
 ,glaces,fo  like  wife  in  gencrall  AfTemblies(or  diets)  when  there  is  needs,  they  rcpreicnt 
 ,the  Majelty  of  the  whole  Empire,  where  they  are  bound  tocar§,that  thcRepubhkcfu- 
 ,  ftain  no  detriment  by  the  private  endeavours  or  hatreds  of  the  Emperour.  Therefore 
 ,  there  is  oneChanceUour  of  the  Empire,  another  of  the  Empcrour ;  other  and  different 
 ,  Officers  befidesjboth  oftheonc,and  other :  divers  Exchequers,diversTreafurers*  and 
 ,  therfore  it  is  a  comon  fay  ing,that  tfoe  dDmpfte  i$  pjcferreO  tjefoje  ti&Z  $m£0H$,fe  as 
 x  f^thcEmperormay  beevcry  where  faid  to  Oo^omage to  t&e  (Empire.  Likewife  in 
 
 jtiicRealmofPolandjtheBifliops^alatineSjCaliellan^Nob'eSjDepuciesof^uicsand 
 ,  Counties  are  extraordinarily  affembled;rnwhofeafTembly  qnelp  new  constitutions 
 ,  are  made,attD  toar*  DecrieD.But  ordinarily  thecounceilcrs  of  the  Realm  of  PoUni  the 
 r  Chancellor  of  tnePolifh  Repub.&c.although  theKing  in  the  mean  time  hath  his  own 
 
 ,  Chambcrlains,Stcwards,MiniHcr55iDomefticks.But  he  who  will  diipute  among  the 
 ,  PolonianSy whether  the  King  OJ  ft*  toftoiepsapte  of  tyt fttng&om,  CCp^tfenteo  ip  fge 
 ^ttafe*  Of  fbeUeaIm,be  JjrsatCrrdoth  jutt  like  him  who  fliould  difpureat  ^w^,whe- 
 
 ,  thcr  the  Duke  or  the  RepubJike  were  t he  (IiperiorPBut  what  fLaJ  we  fay  of  thofe  icin<r. 
 , domes  which  are  wont  co  be  carried  byfucceffion  ?  Verily  the  thing  is  no  other w He 
 3  there.Thc  Realm  of  Fr4«c*,which  noi  long  (i nee  was  preferred  before  the  reft  both 
 3for  thf  excellency  of  Laws  and  Orders,  was  thus  eonHituted  in  times  paft;  and  al- 
 though thole  who  hold  that  place  do  notfufficiently  difchargctbur  duty*  yet  they 
 ,  arc  not  thereby  the  lefTe  obliged  to  do  it :  1  he  king  verily  hath  his  great  \  after     or 
 )Arch-Steward,hisChamberlainssHuntcrs,  Guard, Butlers, and  thereft,  whole  Of- 
 yfices  heretofore  did  fodependon  theKing    that  hedymg,  thcmfelves  ftemed  alfo  to 
 ,  die  in  their  Office  ;fo  that  even  yet,aftcr  the  end  of  the  mourning  royall,  the  great 
 y  Marker  or  Aich-  Steward,  is  wont  to  pronounce  certain  conceived  words, wherewith 
 ,  he  difmifleththeToyalifamily,and  bids  every  one  provide  for  himfelf;  Yet  notwith- 
 ,  (tanding  the  Kingdom  of  (r)France  hath  its  Officers,  the  matter  of  the  Palace   who 
 ,  afterwards  was  ftiled  the  Earl  of  the  Srabfe,theiMarflials,  Admiral!,  Ghancellour  or 
 ,  great  Referendary,  Secretaries,  Treafurcrs,  and  Officers  ,  who  rerily  heretofore 
 ,WERE  NOT  CREATED,  BUT  IN  THE  GREAT  PUBLIKE    COVN- 
 ,GELL  of  the  three  Orders  ofthe  Ciergie,  Nobilitie  and  people ;  but  fince  the  ftand- 
 ,ing  Parliament  was  ordained  at  Paris,  they  are  not  thought  fetled  in  their  Offices  be- 
 ,  fore  they  be  received  and  approved  by  the  Senate  of  Taris ,   neither  can  they  beca- 
 ,  fheet'd  without  their  confent  and  authority :  Now  all  thefe,flrir  pligfet  their  faith  TO 
 ,THE  KINGDOM,  that  Is  r^  4// r^^/^,  after  that  to  the  King,  as  theGuardian 
 ,  thereof;  which  is  perfpkuous  even  from  the  very  form  of  the  Oath.   But  efpecialiv 
 ,tht  Earlofthe.Stablc,whenheis  girded  by  the  King  with  the  LiHated  /word  (asap- 
 3  pears  by  the  words  which  he  pronounceth , )  is  girded  to  that  purpofc,  THAT  HE 
 ,  MAY  DEFEND AND  PROTECT  THE   REPVBLIKE.    Moreover  the 
 ,  Realm  ot  Trtnct  hath  its  Peers, as  Gonfuls  ofthe  King,  or  its  Senators,  as  the  Fathers 
 ,  ofthe  Ri-publike^evcry  of  them  denominated  from  the  feverall  Provinces  ofthe  Kine- 
 dome,  to  whom  the  King,  being  to  beccrowned,  is  wont  ro  plight  his  faith,  as  to  the 
 whole  Kingdomc-  from  whence  it  appeares,  THAT!  MET  *ARE  SVPERloR 
 ,7® -TWP'jK/JVG:  Theft  again  likcwifefwear,  that  they  will  defend,  not  the  King 
 >PKTTHE  ROT  ALL  CROlvN*  that  they  will  afliit.7i/£  RePrBUKEwhh 
 jiheir  counceil,  and  that  for  this  end,  rh  y  will  be  prefcnt  in  the  (acred  Counecll  of  the 
 5Piifice  intrmeof  :>cace*or  Warre,  as  manifeltlv  appears  out  of  the  formulary  ofthe 
 ^jPtetQaif;;  Ttacforc-tycta  they  did  not 
 
 OQtlya 
 
fc  "■  ■  ■  —  ■  ■  —~^ 
 
 The  SoycrasgnepoTrer  of  Parliaments  and  Kingdoms.  \  r  7 
 
 ,onc!y  fit  with  theLord  of  the  Fee  as  Peers,  but  likcwifc  heard  the  Caufcs  oft  times  be- 
 tween the  Supenour  Lord  and  bisVafltil.  We  likcwifc  fee  thcic  Senators  of  Frame* 
 ,  to  have  ofctimes  judged  between  the  King  and  Subjects,  fo  that  when  Charles  the  6. 
 wpuld  have  pronounced  feirence  agiinlt  rhe  Duke  of  Britain,  they  withftood  hirn" 
 , and  laid,  TrtAr  THE  jrVGSMSNT  WAS  W  THE  KINGS,  B^T 
 yPEERSy  V POM  WHOSE  ^AVTHOKlTT  H8  CO^i.D  DERoQ ,\TE 
 %N  THING.  Hence  even  atthisday  the  Parliament at  7V/>,  which  is calicd  the 
 ,Court  of  Peers  or  Senators,  is  in  fome  iortconititutcda  Iudgc  between  thcKn^  and 
 ,'Peoptc,  yea,  between  the  King  and  every  private  man,  and  is  bound,  aswith  an  ob- 
 ,  ligation  to  right  every  one  againtt  the  King  Procurers.if  he  invades  any  thing  agai  nft 
 ,Law;Brfide$,iftheKingdeterminesanything,ormakesany  Edic^  athomc,ifhc 
 ,makcany  compact  with  neighbour  Princes,  if  any  Warre  be  to  be  waged,  if  any 
 ,  Peace  be  to  be  made,  as  of  late  with  Charles-  the  fifth,  &t)t  Parliament  0Ugt)( 
 ,toapp?0t)C,  anO  btt  #Utl)0Ur  Of  tt  ,  and  all  things  which  appertain  to  the 
 ,  Common-wealth  ,  ought  to  be  rcgiftred  among  icsa<5ls  ;  which  verily  are  not  ra- 
 tified, untill  they  fhall  be  a^  proved  by  it.  Now  that  the  Senators  might  not  fear  the 
 
 \  King, heretofore  none  coulo  be  pjrfcri  *b  into  ftat  £>jDa;,butfurbfoio  tocre  norn^ 
 \  natcO  bp  ti)c Senate ,  neither  coulo  tyep  Hatofullp  be  remoteD,  but  bp  its  ,atitbo> 
 ,  tftP,foial4U>fjUcaufc. 
 
 ,  Finally,cven  the  Kings  Letters,  unleiTe  they  be  fubferibed  by  the  Kings  S.-crcta- 
 ,  ry,  and  refer  irtsunlefle  they  befignedby  the  Chantellour,  (who  hath  a  power  of 
 cancelling  )  have  no  authority.   There  are  likewife  Dukes, MarquefTes,  Eirlcs,   Vi- 
 counts,Baions,CaHcllancs;  alfo  in  Cities    Maiors,Dcputics,Confuls,in  Sindeches, 
 ,  Auditors, and  the  like,to  whom  fome  particular  Region  or  City  arcfeverally  com* 
 *  mfnded,  that  they  may  defend  the  People  fofarre  forth  as  their  jurifdi&ion  exten- 
 deth,although  fome  of  theledignitics  atthisday  are  reputed  Hereditary  :  And  be- 
 tides this, yearly  heretofore,  at  leaftwifc  as  often  as  necelfiry  required,  there  was  held 
 an  (v)  AfTembly  of  the  three  Eftates,  wherein  all  rhc  Countries  and  Cities  of  any  (v)  /•>;<?*••/; 
 note,did  fend  their  Deputies,  namely  Commons,  Nobles,  Ecclcfiafticks  in  each  of 
 them  apart  ;wheretheypublikcly  determined  of  thole  things  which  appertained  to 
 the  Rcpublike:  Nov*  fuch  was  evermorcthc  authority  of  this  Aficmbly  ,that  not  only 
 thofc  things  which  were  therein  accorded, were  reputed  facred  and  holy,  &  whether 
 Peace  wcrctobc  concluded,or  War  to  be  waged, or  the  Guardianfhip  of  the  Realm  to 
 be  committed  to  any  one,cr  a  Tax  to  be  impo(ed,was  there  concludcdjbut  cvenKings 
 thcmiclves  for  their  luxury, flothfulnes  or  tyrannie.wcrethruft  intoMonafteries,&  by 
 their  authority  ,even  all  their  Ofsprings  deprived  of  the  fucccflion  of  the  Kingdon;,no 
 .otherwifc  then  at  full,  when  as  they  werccalledtothekmgdon^bythepeoplcsautho- 
 '  rity  .-verily  thofc  who  content  had  advanced.diiTent  did  pulldown  again;  thofe  whom 
 5  imitation  ofpatcrnall  vertucs  hid  as  it  were  called  into  that  inheritance,  a  degenerare 
 anduooratefullmindc,as  it  had  made  thenuncapable  and  unworthy, fo  it  did  make 
 'thcmtobcdifinheritediFrom  whence  verily  it  appear.<,that(ucctfllon  truly  was  tole- 
 rated to  avoid  competition, fucceffion,aninrcrregnum,and  other  incommoditirs of  E- 
 3  lecaioo  •  but  truely  when  grea  erdamages  would  tbllow  ;  where  Tyranny  fhou Id  in- 
 vade the  Kingdom  where  a  Tyrant  the  Throne  of  a  King  ,   the  lawfull  Allcmbly  of 
 
 1  the  people  ^crpctuaUp referfceo  to  tbcmfelbcs  <m  auftotftp  of  crpclhng  a  z:vw\t 
 loiflotljM^ing,  and  of  dedweing  bin  to  his  Kindred,    and  of  fubtttfuttng  a  go* 
 
!  -3g  The  SoVtraign  fo  mr  of  Parliaments  and  Kingdoms, 
 
 9&UlStn  J)te  place*  vcrilyperadventure  the  French  received  this  from  the  </**//, 
 
 \x)C*fkrtLi.   , ,  (x)C*far  m  the  fifth  Book  of  cne  £*//;*•  War ,being  the  Author;  For  tAmbiorix  King 
 
 c^  7.  ^  B^"    ,  of  the  iiforwWjConfeffed,  that  all  that  time  the  Empires  of  the  Kings  of  (jallia  were 
 
 Gallic.  9  fucj1>  that  the  people  duely  affembled,  had  no  leffe  authoritic  Otter  ti#  Mtl$  ,  then 
 
 ,  the  King  over  the  people ;  which  alio  appears  in  Verc'tngetorix ,  who  pleaded  his  caufe 
 
 ,  before  an  affembly  of  the  peopleJn  the  Kingdoms  of*fy*//f,cfpecially  in  ValentU  and 
 
 C*       »  Catt*l*g»*  ofthe  Arragonians it  is  even  thus,  for  ftC  feofcerafgRfp  of  foe  Meakire,  is 
 
 ,  inthcJufticeof^ra£*/*,astheycallit;  therefore  the  great  men,  who  rcprcfent  the 
 
 ,  people, fear  not  to  tell  the  King  in  direct  terms,  both  in  his  very  Coronation  it  feif, 
 
 ,  and  likewife  every  third  year  in  the  gencrall  affembly  of  their  Eftates,2Cantum  t)fl- 
 
 7\mMms,qmntmKQ8;Wcarea*powerfitlla*jott,  tat  feeaufttce  of  dragon  is  j 
 
 ,  aiotje  U*  t)Ou>,  fcrfjO  rules  moje  Q)an  gOW.  Yea,oftentimcs  what  things  the  King  hath  I 
 
 ,askcd,whathe  hath  injoyn'djthe/tf/rVr*  hath  prohibited ;nay,bc  never  dares  to  impofe 
 
 ,anv  tribute  without  the  authority  of  that  Aifembly.  In  the  Realms  of  dfrlgianD  mtO 
 
 j,  £>cotlano>fte  &up#me  potoer  ts  txQtoe  J9arliamenffufua  Jiy  wont  to  be  held  almoft 
 
 0  efcetp  pear.  Now  they  call  aParliamcnt,the  Affembly  oftheE  Mates  of  the  Realmc, 
 t where  the Bifhops,  Earls,  BaronsJDeputies  oftheGities  and  Counties  by  common 
 jfuffrage  determine  of  the  Republikes  affairs,who(e  authority  is  fo  (acred,  that  what 
 y  things  foever  it  fhall  once  e/iablifti,  it  is  Hnlawfull  for  a  wicked  a<St )  for  the  king  to 
 
 ,  abrogate.  Likewife  all  $e Officer*  of  foe  &ealme  are foont  to  wefte foefc  ®ttU 
 ,  cea  from  foat  Membip,  ano  foofe  &rjo  otfmartip  afff ft  foe  iiing  0*  ©ueett  to  Coun= 
 
 5  Cell*    In  brie£  other  Ghriftian  Kingdoms ,  as  Hungary yBehemia,  rDctimarke  ,  Swe* 
 y  den,  and  the  reft,  have  all  their  Officers  of  the  Realm,  or  Confuls  ofthe  Royall  Ens- 
 ure, who  by  their  own  Authority  have  fometimes  ufed  even  to  depofe  their  Kings 
 .3  thcm(eIves,asHiftoriesteach,  or  frefh  memory  fufficiently  manifefts  :  Neither  is 
 3  there  verily  any  caufe  that  we  fhould  think  the  Royall  Authority  to  be  thereby  dc- 
 ,  miniflicd,or  that  Kings  fhould  hereby  fuffer  as  it  were  a  diminution  of  their  heads- 
 ,  Truly,  we  deem  not  God  the  leffe  potent  for  this,  becaufe  he  cannot  fin  by  himfelf, 
 3  nor  his  Empire  more  reftraincd,  becaufe  it  cannot  be  ruined,  nor  grow  worfe;  there- 
 ,  fore  not  a  Ki  ngi  if  that  he  who  may  offend  by  himfelf,  be  fiiftained  or  kept  from  fin- 
 ding by  anothers  help;  orifperadventure  he  had  loft  any  Empire  byhisown  nrgli- 
 ,  gence  or  fault,  that  he  may  retain  by  anothers  prudence.  What?  do  you  think  any 
 y  man  leffe  healthy,  becaufe  Phifitiansfit  round  about  him,  who  dchort  him  from  in- 
 ^temperance,  who  interdict  him  the  eating  of  hurtfull  meats,  who  likewife  ofc-times 
 ,  purge  him  againft  his  will, and  rcfiftingPOr  whether  doeft  thou  think  thofePhifitians 
 ,  who  take  care  of  his  health,  or  flatterers  who  obtrude  the  moft  unwholfome  things, 
 ,ro  be  more  his  friends?  Therefore  this  diftin&ion  is  altogether  neceffaryto  be  adhi- 
 ,bited :  Some  are  friends  ofthe  King,  others  of  Cafar ;  thofe  arc  friends  of  £*/*>-,  who 
 ,fcrve  Cafar  ;  thofe  friends  ofthe  King  or  Emperour,  whofcrve  the  Kingdom  ?   For 
 AV/«        ,finceany  one  is  called  a  King,  for  the  Kingdoms  fake,  and  the  Kingdom  confifts  in 
 ,  the  people;  but  the  Kingdombcing  loft  or  decayed,  the  King  mutt"  altogether  ceafe  to 
 9beaKing,or,atleaft,beleffeaKing :  thofe  verily  who  fhallftudy  theprcfit  ofthe 
 ,  Kingdom,  are  truly  the  Kings  friends;  thofe  who  neglect,  or  fubvert  the  profit  ofthe 
 ,  Realm,arc  truly  his  Enemies:  and  as  thou  canfl  by  no  means  feparatetbeK  rgdom 
 ,  from  the  people,  nor  the  King  from  the  Kingdom;  fo  neither  the  friends  of  theK>ng 
 ,  from  the  friends  ofthe  Kingdom  er  people ;  yea  verily,  as  thofe  who  true  ly  love  C«- 
 
The $oJ>erai*ne po^ocr of Parliaments  andh^in^doms.  1 59 
 
 yfar  would  rather  have  him  to  be  a  King  then  a  private  man,  nor  can  tl  ey  have  him  a 
 5King  without  a  Kingdom, in  good  feeth  thofc  fhalJ  be  the  Kingdom*  fi  tendl  ire 
 
 y  Cdfars ;  and  thofc  who  wo  n  Id  (canto  be  more  die  friends  of Gf/cr,theaofthc  King- 
 y  dom  or  people,  are  truly  to  be  rrputed  Flatterers  and  moft  pernicious  enemies.  But 
 ,and  ifthcy  beetruely  friends,  isit  not  manifeft,  that  tbe  King  will  become  more 
 ,powerfullandftabIe,fa$7'/;^tfm^wfaid  of  the  Ephon  when  innituted  )  by  how 
 ,  much  thofefhall  be  morr,and  morcpowerfiilI,to  whom  the  profit  of  the  people  or 
 ,Realm  fli  all  be  commanded  and  committed  ? 
 
 ,But  perchance  thou  wilt  fay,  You  tell  me  of  the  Senators,  Peers , and  Officers 
 ,'ofthe  Realm,  but  I,  on  the  contrary,fec nothing  but  Ghofts,  and  as  ic  were  ancient 
 ,  Cote-Arms  in  Tragedies,  but  Ifcarceany  where  difcern  any  foouftcps  of  ancient  li- 
 ,bcrtieand  authorise.  Finally,  you  may  fee  moft  men  every  where  to  look  to  their 
 ,  own  affairs,  to  flatter  kings,  tochcat  the  people;  fcarce  any  where  mailt  thoufinde 
 ,one  who  takes  pity  ofthc  malcerated  people,  much  leflcwho  will  give  help  to  the 
 ,  miferablc  ;  but  if  there  be  any  who  aretruely  of  that  minde^or  thought  to  be  fo,thcy 
 ,  are  judged  RebeIs,or  Traitors,  they  arc  banifhed,  and  they  are  compelled  to  beggc 
 ,even  their  very  food.What  ?thc  thing  is  thus:  Jtftcmsalmoftalwaycs  and  in  every 
 , place  the  audaciticof  Kings,  or  partly  the  prevarication  ,  partly  the  flothfulnefTcof     Note, 
 y  the  Nobility  hath  been  fuchjthat  kings  may  teem  to  haveufurped  thatiicentioufnefle' 
 ,  wherewith  moft  of  them  at  this  day  feem  to  wax  infolent,    by  a  longprefcriptionof 
 ,time,  butthe  peoplcmay  fectn  to  have  determined  their  Authority,    or  to  have 
 ,loft  it  by  notufing  it:  For  foit  happens  for  the  moR  part,  that  no  man  takes  care  for 
 jthat  which  all  are  bound  to  takecare  of,that  which  is  committed  to  alJ,no  man  thinks 
 ,  it  is  commended  to  him.  Yet  notwithftanding,againft  the  people,  neither  this  pre- 
 scription nor  prevarication  doth  any  thing.    )t  is  a  vulgar  faying,  that  no  prefcrip- 
 y  tion  can  hurt  the  king,orExchcquer,  much  JeiTe  all  the  people,who  arc  potcntcr  then 
 ,  the  King,  and  for  whole  like  the  Prince  hath  this  priviledge;  for  why  cife  is  the 
 ,  Prince  only  the  adminiftrator  oftheExchcqucr,but  for  the  people,thc  true  proprietors 
 y  asfhalbe  afcer  proved  ?  Furthermore  y  is  not  this  a  known  truth,  that  no  violence, 
 y  no  not  in  the  longclt  lafting  fervitude,  can  be  prefcribed  againft  liberty  ?  But  and  if  ( 
 ,  thou  obje&cft,that  Kings  were  constituted  by  the  pcople,who  perchance  lived  above  J*^r--' 
 ,  five  hundred  yeer  fincc,  not  by  the  people  extant  at  this  day  ;   I  intact ,  thatal-  resfJL 
 
 ^though  kingt  doe  die,  the  people  in  the  mean  time  (  as  nicther  any  other  Univcrfitie)  r<    . 
 
 y  Roman  people  are  the  fame,  (unlefle  Colonies  fhall  have  cafually  intervened)  nei- , 
 fther  can  their  right  be  any  way  es  changed,  either  by  the  flux  of  water,  or  change  of  :«. 
 /individuals,  Befldes,  ifthey  attribute  the  Kingdom  reccived,not  totheir  people,  but 
 ,  to  their  Father  &  he  to  his  Grandfathered  fo  upwards,ccul  1  he  transfer  mce  right 
 y  toanother  thenhimfelffirft  had?  But  and  if  he  could  not,  (as  it  is  certain  he  could 
 ,not)  is  itnotmanifcfl,  whatfoevcr he  fhalJ arrogate  to  himlclf  behdes,  that  he  can 
 ,  not  any  more  ufurpitthenany  thcef  ?  But  on  the  contrary  the  people  have  trigl  1 
 ,  perpctuall eviction.  Thercforcthatthe  Nobles  have  been  fora  lorgfpacropprcfled 
 ,many  Kingdom,cannoway  prejudice thepeople;  bHtrather,asthcfcrvancf!.i mid  r*o: 
 be  heard,  who  in  that  he  hath  a  very  Jong  time  detained  his  Lord  captive,    fl.ould 
 ,  boa.lt,  ihatjic  was  not  onely  a  Free-  man  ,but  would  hkewife  axre^aic  to  himfeJf  a 
 
1 60  Tht  So^eraigne  power  of  Parliaments  and  Jfyngdoms . 
 
 j,  power  of!  lfc  and  death  over  his  Lord:  noryetaTheefc,  who  becaufc  hchathrob*j 
 ,  bed  3c.  ycer?,  or  is  the  fonne  of  a  Thcefe,  fhould  chink  himfclfe  to  be  without  fault, 
 ,  yea  rather,by  how  much  the  longer  he  hath  been  fuch  a  one,the  more  fevcrely  fhould 
 ,  he  be  punifticd :  So  likewifc  a  Prince  is  noc  to  be  heard  or  endured,  who  becaufc 
 .,  he  hath  fuccecded  to  a  Tyrant,  or  hach  for  a  long  time  ufed  the  people  like  a  bend- 
 jfli/e,  from  whom  he  hath  received  hiskingdome,  or  hath  offered  violence  to  the 
 9  Nobles,  {hould  think  that  what  ever  he  lulled  (hould  be  lawfuil  to  him,  and  ought 
 t  to  be  granted  of  right .  Neither  doc  yeers  fubftraft  any  thing  from  the  peoples  right, 
 ,  butaddetothe  injury  of  the  King.    But  what,  if  the  Nobles  themielves  havccol- 
 ,  luded  with  the  King  ?  what,if  in  betraying<he  caufc,thcy  have  betrayed  the  people 
 y  as  it  were  bound,  into  the  hands  of  a  Tyrant?  (hall  the  authority  of  the  people  by 
 ,  this  prevarication  or  trealbn  feem  to  be  plainly  transferred  upon  the  King  ?  whether 
 ,  I  fay,  by  this  fad  is  any  thing  taken  away  from  the  liberty  of  the  people,  or  ad  joy. 
 ,  ncd  to  the  licentioufiiefTe  of  the  Prince  f  You  will  fay,  they  may  impute-  it  to  them- 
 selves, who  made  choifecf  fuch  men  of  perfidious  faith.  But  yetthefe  are  as  patrons 
 ,to  patronize  the  publike  profit,and  the  peoples  fafety  and  liberty :  Therfbre  as  when 
 ,an  Advocate  (hall  make  a  compact  with  the  adverfaryof  his  Client,  concerning  the 
 ,  value  of  the  fuic  asthey  fp^akc,  if  he  had  betrayed  his  caufc,  he  fhould  not  hurt  him 
 ,  at  all;  fo  this  confpiracie  of  the  NoblcSjasit  were  made  to  thedamrnageandde- 
 ,  ftrudtion  of  the  people,  cannot  verily  detract  any  thing  from  taeir  right ;  but  even 
 .,  they  themfel  ves  fliall  fall  into  the  penalty  of  the  Law,  which  is  pFOuulged  againlt 
 ,  prevaricators  ,  and  the  Law  permits  the  people  to  chufc  another  patron,  and  to 
 ,profecute  their  right  againe:  For  if  the  Roman  people  conde  nned  their  Emperors 
 jtopunifhmsntjWhoatcheCaudineGailo  wes  had  ch (honourably  contracted  with 
 ,  the  enemies,  although  by  compulfion,  and  reduced  lo  g^eateft  ttrait.c$  and  judged 
 5thatthcy  were  no  wayes  obliged  by  trutpaftion ;  fliall  not  the  people  be  much 
 ',  lelTeboundco  fuffer that  yoke,  which  not  by  force,  but  willingly;  not  for  feare  of 
 9  death,  but  out  ofdefire  of  gain,  hath  been  thus  treacheroufly  put  upon  them?  Or 
 ,  if  thole  who  ought  to  fhakc  it  off  fliall  impofeit,  or  thofewho  might  doe  it,  (hall 
 -   n    1  tolerate  it/  He  hath  many  other  pertinent  palTages  to  the  fame  effect,  which  brevity 
 ?y    l^r]*  b  enjoynes  me  to  omit ;  thofe  that  pleafe  may  read  them  at  their  leifurc  in  the  Author 
 infatTlnhk    biiiifelfe;  whofe opinion  is  fortified  by  Alphonfm  Menefius  his  poems,  annexed  to 
 
 w#k*>P  f 3«  c*  ni$  Trcatife. 
 
 (Jj)  A  coUtfti'  Thirdly,  it  is  abundantly  manifcit  from  all  the  premifes ;  That  Kings  and  Empe- 
 en,  &c.p.iio,  r0Hrs  alwajes  have  been%  are,  and  ought  to  be  pub]  eft;  to  the  Lawes  and  Cuftomes  of 
 Siuaaaeje-  tfje^r  Kingdomesy  not  above  them,  to  violate*  breahe^  or  alter  them  at  their  pleafures, 
 (e}l 1  c.%.1.1'  they  being  obliged  b)  their  very  Coronation  Oatbes  in  all  ages  andKingdomes  inviola* 
 c.9%  (f)l.i.c  bly  to  obJervethem.Thisvtrily  isconfefledf^by  KJames^by  our(b)I(9Charlshimfelf 
 *iJg)c.9i*  in  his  late  Declarations  to  alius  Subjects;  refolvcd  by  (e)BraElon(f)Fleta,(g)Fortef- 
 **•  ^)  ?*e  cue  >o\\x(h)  Common  and  StatuteLaws(i)forecited*by  the  Year  Book  of  i9.H.6.6$.a. 
 tie^Kewt&  wncrc  FraJ  **itn » That  the  Parliament  is  the  highef}  Court  which  the  King  hath,  and 
 Caiv'mi  calel  t^)e  L"w  **  t^je  highest  inheritance  which  the  King  hath,  for  by  the  Law  he  himfelfe  and 
 (J>)far.  i.&tm  all  his  Subjects  are  ruled ,  and  if 'the  Law were not,  there  could  be  no  King  nor  inherit 
 (k)Fox  Att%&  tance ;  This  is  proued  by  (k)  Stephen  Gardiner  Bp.  of  IVinche ft  er  in  his  Letter  to  the 
 Mon.  Edit,  c.  Lorcj  Protector ;  where  he  writes,  That  when  he  was  Ejnbajfadourinthe  Emperours 
 mom  yo  •/>.     Qourt  iJe  w.ufatne  there ,  and  with  the  Emperours  Embaf[a4our  to  defend  and -main- 
 
 taine, 
 
.  The  Sot>ew*H  Polver  of  Parliaments  *nd  Kingdoms. 1& 
 
 /    s\-J*rnf their  Law* I***** ncJ e>  J      ,         r        °  I    x     j  Jx      *    .1     " 
 
 ytt  ft  wulinoi  b <«'l<d^  .     alVour  own  ig)  Enghfl.  Writer  ,..  copioofly 
 L**i  and  generally  grame     jr  L  j.*.,|.ij    tMvim  Mmm 
 
 ed, and profeffedly  aver cd  by  tpok,by  ]*/!*  Sccsrdui  I  Left  Regit 
 
 PrmiipatH.  in  fixe  ^',»?»V  P.„    T   D-W^,-  i.JtHtmimiu  fed.  6. p.  a,  (I 
 
 n 
 
 .iseffed)  0>,»/*  ^^,'^J7'::7n,r,.;3'I5,V.,.V.andelf,Jl1er,.  De/«r, 
 .l5-'9-2t->7-n-V23^J'p^B«/,m^^  P-8 14-3 j4./'*r«M«.R.w.ij.p.i;8. 
 
 Fourthly, 7l:Mk'p"Kd   V'      TAXeStr Imo&tiont  onthem,  m 
 e*lM,M7«™?f  *'?«'  .^^havebr^lyn-.inirefleointhefirHP,.. 
 (f•,torP<f?(^'"'f"■,'*';■  „„.    '  "iththe  Authors he.e  quotedin  the  three  pre- 
 
 cedent  Obi:rvations,a«ell and  p/nd  th  eive  j  titlr 
 
 and  U«  themlclves  ^"^^^publ^ke  Icrva.Ks :  It  thence  uAllibl] 
 
1 6  2  The  Solteraigne  power  of  Parliaments  and  Kingdoms. 
 
 ,  by  Law  change  or  extenuate  Laws  once  approved  without  the  confent  of  the  Repub, 
 wocentius  ad  f  \fac>  much  Idle  can  they  make  and  create  new  Laws ;  therefore  in  the  German  Em- 
 Regen.Tarrat.    ^  pire>ifchc  E mpcrour  think  any  Law  neceflary ,he  firft  defires it  in  thegeneraU  aflem- 
 %imt  htrando. '  > bIics  J lflt  bc  approved,  the  Princes,  Barons,  and  Deputies  of  C  ities  fubfigne  it ,.  and 
 ,then  it  is  wont  to  be  a  firme  Law  .•  Yea,hefwcars,f£^  he  will  keep  the  Laws  EttaUed 
 3  and  that  he  will  make  no  news  Laws  but  by  common  confent.  In  the  Kingdom  of  Poland 
 ,thcre  is  a  Law,  (renewed,^*.  1454,  and  1538.)  That  no  new  LawsorConftitu- 
 ,  tions  fhali  be  made,  but  onely  by  publike  confent,  or  in  any  place  but  in  Parliament. 
 ,  In  the  Realm  of  Fr^w^where  yet  commonly  the  authority  of  Kings  is  thought  moft 
 3ample,  Laws  were  heretofore  enacted  in  the  Affembly  of  cne  three  Erlarcs ,  or  in  the 
 9Kings  ambulatory  Counccllj  but  fincc  there  hath  been  a  ftandirg  Parliament,  a  11  the 
 ,  Kings  Edi&s  are  void,unle(Tethc  Senate  approvethem;  when  asyettheArretts  of  that 
 ,5cnate  or  Parliament,  if  the  law  be  wanting,  even  obtain  the  force  of  a  Law:  So  in 
 ,  the  Kingdoms  ofEngland,SpainfHungariey  and  there[t,there  is,and  of  old  hath  been 
 ,  the  fame  Law  :  For  if  Kingdomsdepend  upon  theconfervation  of  their  Laws,  and  the 
 ,Lawsthemfelvesfliould  depend  upon  the  luft  of  one  Homuncio,  would  it  not  be 
 ,certain,that  the  Eftate  of  no  Kingdom  ftould  ever  be  ft  able  ?  Would  not  the  King- 
 dom nccciTarily  ft  umble,  and  fall  to  niine  presently  ^  ?  But  if  as  we 
 ,  have  rtiewed,  the  Lawes  be  better  and  greater  than  Kings,if  Kings  be  bound  to  obey 
 ,  the  Laws,  asfcrvants  are  to  obey  their  Lords,  who  would  not  obey  the  Law  rather 
 ,  then  the  King  ?  who  would  ©bey  the  King  violating  the  Law  ?•  who  will  or  can  refufi 
 ,  to  give  ayd  to  the  Law  thus  infringed  } 
 Ohfcrv.  5.         Fifdy,  that  all  publike  great  Officers,  Judges,  Magiftratcs,  and   Minifters  of  all' 
 Realms,are  more  the  Officers  and  Minifters  of  the  Kmgdom,than  theKings,and  anci- 
 ently were,  and  now  ought  to  be  of  right  elected  onely  by  the  Kingdom,  Parliament 
 people,  and  not  removable  but  by  them :  which  is  largely  proved  by  lunitu  Brutus  Kin- 
 dicidLcontr.Tyrannos,q%.  1, 2,  .Be  Jure  LMa-gtftratus  in  Subditos>  qu.  5,  6t  7,8,0.  with 
 _              others,  the  Hiftories rbrecited,  and  Hotomani  Francogafli^  c.  6, 1  j,i  2, 1 3,1  a  . 
 J  perv*  v  *       6V  ThatKings  and  Smperors  have  no  abfolute  power  over  the  lives Jib  erties, goods,  eflates 
 
 M&JXulb,^.  fk*f*re\  bought  to  proceed  againft  them  in  cafe  of  Delinquency  according  to  the  known 
 S-that  the  civil  Lawes<tnd£tatutes  cfthei-  Re  Alma:  This  truth  is  abundantly  evidenced  by  a  11  the  pre- 
 
 .prokbmg         &fo&  fill  fte  CommanD  te  agatnft  fyt  Lafo    and  of  Judge  Fortefcue,  19.  H.  s.  63 
 ik{ts,Hfmpara  That  if the  Kinggrant  to  me, that  if 7 '  killfuch  a  man,  1 fha  11 not  be  impeach ed  for  it ,  thir 
 of,  cMomnnm.  grant  is  void  and  again  ft  Law.   By  Junius  Brutus,  Vindk'ut  cotrtra  Tyrannos,  Qu&ft.  i4 
 
 wStjff"*'    ?* '  76i  f°  *  3  7 ' 3nd  dle  Treat,^c  CDe  3ure  Magifiratiu  infubditos  in  fundry  places,whei  c 
 this  undeniable  verity  is  largely  proved,  confirmed,and  by  others  fore  cited. 
 
 m^n  La iv 
 
 Qbferv,  7.  Seventhly,  ThatEmperours,  Kings ,  Trinces  are  not  the  true  Proprietory  Lords  or 
 Owners  of  the  Lands,  Revenues,  Forts,  Caftles,  Shipps,  Iewels,  ^Ammunition  ,  Treafurc 
 of  their  Empires,  Kingdoms  J  to  alienate  or  dijpofi'  of  them  at  their  pleafures  •  But  onely 
 theCjuardians  ,  Truflees  ^Stewards , or  Supsrvifers of  them  for  their  Kingdoms  ufe and 
 benefit,  from  whom  they  cannot  alien  them,  nor  may  without  their  confent  f  or  privates  law~ 
 
 Mr 
 
TheSo^ffraigncfoweroflUfiumtnts  andKi 
 
 tropolitansufuaHfpecch  to  allele^  i'  :,'*.'' f 
 
 fiedby  the  Bull  of  Pipe  CUmsHtbt  eight,  (o)  where  the  Metropolitan  ^hen any  Kir  - 
 isprcfcntcdtohimcobeCrowncd.firitdcmandsof^ 
 
 you  know  him  to  be  worthy  of  and  prof  table  to  this  dtgnineho  which  they  anfwer  tVt'lnm  tr 
 andbeleeve htm  to  be  worthy  andprofitMe  tothe  Chutth  of  ^od ,  andforth 
 went  of  this  Pealme:   Arcer  which  the  Metropolitan  among  other  thin-. 
 Speech  untohim,    Thoufhalt  undeniably  admimfler  lufitce,  without  wbicblffociei)  cat 
 continue towards  aHmen,  by  rendrtng  rewards  to  the  good, pum foment  to  the  evill,crc.  and  *'' 
 jhalt  fi  carry  thy  [elf that  thou  matft  be  feen  to  reign  not  to  tyMC  ofoll,  \M  to  all  fee  Of 
 p\CB  profit  j  and  to  expeft  a  reward  of  thy  gcod  deeds ,  not  in  earth  but  in  haven 
 he  immediately  profeffeth  with  a  folemn  Oath,f0  perform  to  the  uttermojf  of  his  power 
 and  knowledge-, ; but  like  wife  profefledly  maintained  by  IhsIhs  Eccardm  de  I'gcReata, 
 Marius Salamomtts  de  Principatu>  Hugo  Grotius  de  lure  Bcllt&*Paci<iL\  ,c.a  felltio* 
 Lib  2  c.  1 3 . 1 4. .  Hotomani  Franco- Gallia, c, 6. 1  o.  I  ^Ruibingius  ,  I.  2 .  Clajf  1 1 .  r .  g .  n .  2  6 . 
 IoannU  Mariana, Htft.l. loci 6J.iy.c.  1 1  /. 3  j .c  \6.Albericus  Genttlts  , de  lure  Belli, 
 L  3  .c.  1 5,  Cuiac'tuSy  c  tf.de  lurelurando,  Decius,  Ce-nf  5  64.6  S9 .  CepbaluJ,  Coral.  6  j  3 . 
 *Alciatus,L z.de  v.f  1 I  f.C.depatt.Baldus Troam.Digefi.  and  by  jW#/  2?r«/*j-  f?*0. 
 ciacontra  Tyrannos^u.^.p.i  $6.to  2  56.who  handles  this  queftion  profeiTedly,  ivhet, 
 that  the  King  be  the  proprietory  Lordofthepublil^e  RoyallPatrimany  of  his  Kingdom  ,  or 
 theVfufrattuAry  of  it  ?  determining  clecrly  that  he  is  not.    I  fhall  tranferibe  the  mod 
 ofhis  Dicourfe  ;       ,  This  Head  we  mult  handle  a  little  more  accurately.  This  is  firft 
 ,  to  be  obferved,  that  the  Patrimony  of  the  E  xchequer  is  one  thing ,  of  the  Prince  ano- 
 ,  ther  thing ;  I  fay,  the  things  of  the  E  mpcrour,  King,  Prince  are  one  thing,  the  things 
 ,  of  Antonine  ^Henry  fPhilip  another:  The  things  of  the  King  are  thofe  ,  which  he  as  /„*,  . 
 ,  king  poffeiTeth  ;the  things  of  Antonine, thole  which  he  hath  as  tyfntonme^nd  thofe  nmtrSwS* 
 ,  verily  he  received  from  the  people,  the  other  from  his  Barents.  This  dillinction  if  praflt 
 , frequent  in  the  CivillLaw,  wherein  the  patrimonic  of  the  Empire  is  faidtobeonc    **frM*g>Lit 
 ,  thing,  otC*far  another,  the  Exchequer  of  ^/^r  one  thing  ,  the  Treafury  of  the  Re-  c'1 
 s  publike  another,  theTreafurcr  of  £  afar  one  perfon,ofthe  Emperiall  Exchequer  ano  ' 
 ,ther  ,  the  Courts  offacrcd  donations,  others  from  thole  of  private  things;  to  that  he 
 ,  who  as  Empcrouris  preferred  before  a  private  man  in  a  pledge,  may  fomctimes  be 
 ,  placed  after  him  as  Antonine.     Likewifc  in  the  German  Empire,  things  of  Mari~ 
 ,  milian  of  ^#tfr/4  arc  one  kindc  of  things,  of  Maximilian  the  Empcrour  another; 
 , the TreafurersoftheEmpire others, and  of himfelf  other  from  them;  Likewifc  by 
 ,  another  Law,thc  hcreditaty  poflefTion  of  Princes  are  different,from  thofe  which  arc 
 ,  annexed  tothedignities  of  thcEle&orfhip.  Yea,cvenamongthc  Turks  the-Pan:- 
 ,moniall  Grounds  or  Gardcnsof  Selymas  are  one  thing,  the  filcall  Ground  anochcr; 
 ,  and  thofe  verily  are  fpenr  on  the  Princes  Table,    thcie  oncly  in  liiftenratinn  of  the 
 ,  Empire.  Yet  there  arc  Kingdoms,asthc  French, Englifh,and  the  hke,wherein  Kings 
 ,  have  no  private /'atrimonie,  but  onely  theRepublikc  received  from  the  people,  in 
 ,  which  therefore  this  diltindion  is  notuled.  Now  as  for  the  private  <;oods  of  Prill- 
 ,  ces, if there  be  any,  there  is  no  doubt  but  they  arc  the  proprietors  oft  hen^noother- 
 ,  wife  then  private  Citizens ;  and  by  thcciviH  Law  they  may  fell  and  divide  them 
 
 X  x  1  ,  at 
 
1 64  The  So^eraigne  power  of  Parliaments  and  Kingdoms. 
 
 ,  at  their  pleafure;  But  verily  of  the  Exchequer,  Kingdom,  Royall  Patrimony,  which 
 L%atm  fkrvk  9  \s  ufuaIJy  called  Demcfnes,they  can  with  no  reafon  be  caled  the  proprietory  Lords. 
 UtUMm'  y^or  wnac?  whether  becaufeone  hath  made  thee  a  Shepheardfor  his  Flocksfake, 
 v#fi9  xj.pq.  *  hath  he  delivered  it  thee  to  fley,  divide,  doe  with  it,  and  ftrike  it  at  thy  pleafure? 
 €  defundo  pa-  ,  whether  bctfaufcthe  people  have  constituted  thee  a  Captain  or  Judge  of  fome  Citic 
 mmon.  y  or  County,  have  they  given  thee  power  of  alienating,felling  deftroying  that  Gitie  or 
 
 ,  County  ?  And  furcly  there  is  made  an  alienation  of  the  people  togcher  with  the  Re» 
 jgionor  Countte,  have  they  therefore  given  thee  authority  of  fevering,  proftituting, 
 ,enflavingthcmto  whom  thou  wilt?  Furthermorejs  the  Royall  dignitie  apoiTeffion, 
 ^or  rather  a  function?  Ifafun&ion,  what  community  hath  it  with  a  propriety  ?  If 
 ,  a  pofTcffion,  whether  not  at  leaft  fuch  an  one.that  the  fame  people  by  whom  it  is  de> 
 ?livered,may  perpetually  retain  the  propriety  to  it  fclf?  Finally,  if  the  patrimonicof 
 ,  the  Efchcquer,  or  demaines  of  the  Republike,  be  truely  called  a  Dower,and  trueiy 
 ,  fnch  a  Dower,  by  whole  alrenation  or  delapidation  both  the  Republike  it  fclf  and 
 ^Kingdom,  and  king  himfelf  finally  perifheth  ;  by  what  law  atlafT,{hallitbeIaw* 
 y  full  to  alienate  this  Dower?  Therefore  let  Wenceflaus  the  Emperour  be  infatuatecf, 
 ,  let  Charles  the  fixth  king  of  France  be  diftra&cd ,  and  give  or  fell  the  kingdom  or  a 
 y  part  thereof  to  the  Englifh  ;  let  Malchomking  of  Scotland  prodigally  fpend  the 
 _,  Crown  land , and  royall  Trcafure ,  what  will  follow?  Thofe  who  have  ehofen  a 
 y  king  againft  the  invafions  of  f  orraigners ,  by  the  folly  or  madneffeof  the  king  fhali 
 y  be  made  the  fervants  of  Forraigners;  thofe  who  by  this  means  would  feverally  defire 
 
 2  fo  fecure  their  Elates  ,  {hall  all  of  them  together  be  cxpofed  to  a  prey ;  thole  things 
 ,  which  every  one  (hall  take  from  himfelf  or  fiom  his  pupils,  as  in  Scotland,  that  he 
 y  mi&htcndow  the  Commonwealth,  fbmc  Bawd  fhallriotouflyconfume.  But  if,  aswc 
 p  have  already  often  faid,  kings  be  created  for  the  peoples  ufe  ,  what  ufe  ac  all  fhall 
 y  th  ere  be,  if  not  onely  the  ufe ,  but  even  the  abufe  be  granted  ?  To  whofe  good  are  fo 
 y  many  evils  ?  to  whofe  benefit  fo  many  loffes,  fo  many  perils  ?  If,  I  fey ,  whiles  I  dc- 
 ,  fire  to  look  after  my  liberty  orfafetie,  1  make  my  felrc  a  Have,  I  expofe  my  felfc  to 
 , the  luft  of  one  man,I  put  my  felf  into  Fetters  and  Stocks  ?  Therefore  we  fee  this  Law 
 ^asitisinfufedby  nature,  folikewife  it  is  approved  by  ufe  almoft  among  ail  Nations 
 ,that  it  isnotlawfull  fortheUng  to  diminifh  the  Commonwealth  at  his  pleafure  ■• 
 ,  and  he  who  doth  contrary  Js  cenfured  to  play  not  the  king  ,  but  Tyrant.  Certain- 
 ly where  kings  were  created,  there  was  a  ncceflity  to  give  them  fome  Revenues,  by 
 3whichthey  might  both  fupport  their  Royall  State,  butmoft  principally  fuftain'thc 
 ^.Royall  burthens,  for  fo  both  honefty  and  profit  feemed  to  require.  It  pertained  to  the 
 ,  Royall  Officeto  fee  Judges  placed  every  where,  who  fhould  not  take  gifts, and  who 
 ,  fhould  notproftitutetheLaw  tofalc  ;  Moreover,  to  provide  a  force  ready  at  hand 
 ,  which  fhould  aflift  the  Law  when  ever  there  fhould  be  need  ;  to  prefervc  the  wayes 
 ,f afe,  Commerce  fafe,&c.but  if  warre  were  feared  ,•  to  fortifie  Cities  with  a  <5arrif©n, 
 ,toinvironthem  with  a  Trench  againft  enemies,  to  maintain  an  Army,  to  furnifh 
 ,Armories.  Now  this  is  a  know  proverb,  that  peace  cannot  confift  without  warre, 
 ,  nor  war  without  fouldiers,  nor  fouldiers  without  wages,  nor  wages  without  tribute : 
 ^  Therefore  to  Maine  the  burthens  of  Peace,  the  demefnc  was  inftitutcd,  (which 
 j  among  the  Lawyers  is  called  Canon^  to  defray  the  charges  of  warre,tribute;  yet  Co, 
 
 3  as  if  fome  more  heavy  charge  fhould  accrue,  an  extraordinary  ayde  given  byParlia- 
 0  ,mcnt  jhouldfupply ;  t^e  end  of  all  which  verity,  is  the  good  of «hc  Commonwealth, 
 
 5&.i 
 
The  SoTteraignepo'tyer  of  Parliatnents  and  Kingdoms .  165 
 
 ,  foashe  that  convert*  it  to  1m  private  ufe,  is  pliin!y  unworthy  tf  e  name  ot  a  I 
 
 ,  For  a  Prince,  faith  7'-'.-//,  isthc  Minifter  of  God  for  the  people*  good,  ■ndTributei     &im  lh 
 
 ,and  Cufloncsarc  paid  rohiir,  thathemay  continually  attend  thereto;  And  trucly 
 
 ,  hcretoforealmoff  allCuftcir.sofihc  Romanes  {ctm  to  havehad  tins  Ori^inall ,  that 
 
 ,;hcprcci.usMcrcliandi/eufed  to  be  brought  out  of  India  ^rabta,^At   t  ■■  ■  ■  mighc 
 
 ,bc  fecured  againfr  piraccall  invafions,  for  which  caufc  a  Navic  was  furmfhed;  ot    '  "y    ■*•*•» 
 
 y  which  kind*  was  the  tribute  of  the  Red-fea,  Pedatica,  j\avtgiayPortoriay  and  the  Arc,x(\^  mean. 
 
 ,  »ctt  i  that  thepub'ikc  waves  ,   ('which  were  therefore  caiicd  Pretortan  ,  ConfuUr ,  ftquuKtmi  i:ai 
 
 IWC7I2\ 
 
 IlioiJd  be  ready  at  hand  to  tr3nfport  men  over  Rivers  ,c\'c. There  were  no  Tributes  ot  infal.%.  i>  u 
 
 y  ''altpits,  >ca,  mod  of  them  were  in  the  Dominion  of  private  men  ;     becaufc  what  ^idin'o.cutf. 
 
 things  nature  did  voluntarily  give,  they  thought  ought  no  more  tobefold,  then  V'^ium  l.mjgu 
 
 Liiht,Ayrc,  water.   And  whereas  accrtain  A'ine  named  Lycurfftu  ,  had  begun  to^r'D,"r^f 
 
 jimpoic  a  Tax  on  Salt  pits,  asif  nature  would  not  iurrer  her  liberality  tobcrcltran.- 
 
 #  cd,  they  arc  faid  to  have  been  prefencly  dried  up  ;  although  at  this  day, 
 
 If  we  hi  leeve  Palphttr  or  ssfrmilet, 
 
 Whatever  good ,  or  (aire  thing  can  be  got 
 
 Out  of  the  whole  Sea,  in  each  Realme  ttflowes,  ♦ 
 
 Sj/ne  cufiome  to  the  Kings  Exchequer  owes. 
 
 ,  He  whofirft  inftituted  this  cuftome  at  Rome ,  was  Livius  Cenfory  whence  he  obtai- 
 ned the  fu mame  of  Salmator, which  he  did  for  the  mod  prefent  necefTity  of  theCom- 
 ,  nnonwealth.  For  that  *&ery  caufc  trirty,  King  Philip  obtained  it  onely  for  five 
 ,  yeares,  whofe  continuation  what  commotions  it  hath  produced,  every  man  kr.ow- 
 jCth  .-  Finally,  that  tributes  were  inftituted  to  pay  Souldiers  wages  in  warref,  ap- 
 ,  peares  even  from  this,  that  tomakca  Province  flipendary  or  tributary,  isthefelfe- 
 ,  fame  thing  indeed.  Thus  Sc  lemon  impofed  Tributes  tofortific Citics,and  to  furnifh  *  ^'Jf 'j^'i! 
 ,a  publikc  Armory  ,  which  becaufcthey  wcrcfiniflird,  the  people  under  Iselioboam  ^fy^ 
 ,  dc  fired  to  be  cafed  thereof:  Yea,  the  Turkcs  themfclves  call  theTributcofPrin-  -' 
 ,  ccs,  The  fared  blood  of  the  people,  which  profufely  to  fpend,  or  to  convert  to  any 
 ,  other  ufe,  but  to  defend  thepeople,  is  a  curfed  acT.  Therefore  what  things  focver  a 
 ,Kiog  acquires  in  warrcs  in  every  Nation,  becaufc  he  gaines  it  by  the  common  trea- 
 sure, he  acquires  it  to  the  people,  not  to  himfelfc,  as  a  faclor  doth  to  his  Matter: 
 ,  Moreover  if  perchance  he  gaine  ary  thing  by  marriage  ( which  I  fay,  is  pure  and 
 t  (imply  his  wives)  he  is  thought  to  acquire  it  to  the  Kingdome,  becaufc  he  was  pre- 
 sumed to  marry  that  wife,  notashcis  Philip  or  Charles  y  but  as  he  is  King.  On  the 
 ,  contrary,  as  Quecnes  have  part  of  thofe  things  whicti  their  husbands  not  yet  co- 
 , opted  into  the  Kingdome  have  gained  during  the  marrhce  ;  fo  plainly  they  have 
 no  part  of  thofe  things  they  get  after  they  have  obtained  the  Kingdome,  becaulcthey 
 ,  are  reputed  gained  to  the  publike  Treaiures,  not  to  the  private  meanes  ot  the  K 
 ,  which  was  judged  in  the  Realme  of  France^  between  Philip  Valeycs  and  loan  ot 
 , Burgundy  his  wife.  Now,  left  the  monies  fhould  be  extorted  to  fome  other  ufe.the 
 3Empciouri weaves,  that  hcwillimpofcnoctiftonrcs,  nor  enjoync  no  taxes,  but  by 
 
 JCx3  ,tV 
 
1 66  Tbe  Soveraigne  Power  of  Parliaments  and  t^ingdoms. 
 
 ,  the  Authority  of  a  publike  AfTcmbly.  The  Kings  of  Poland,  Hangar j,  Denmar^et 
 ,  England  doe  the  like  out  of  the  L  awes  of  Edward  the  firft.  The  French  icings  here- 
 tofore demanded  Tributes  in  the  Aficmbhes  of  the  three  Eftatcs;  Fence  alfo  is  that 
 ,Law  of Philip  Valoj  es ;  That  impojltions  fhould  not  be  impofed  but  upon  great  and 
 f  urgent  necefsitj,  andthatbj  the  confent  of  the  Three  Eftatef:  Moreover  in  tirrcs 
 ,  ptft  thofe  taxes  were  laid  up  in  Catties  throughout  every  Dioccffe,  and  delivered  to 
 3  felecled  men  ftheyeven  now  call  them  Elected)  to  be  kept,  by  whofehand  the  Sol- 
 ,  dicrs  enrolled  in  every  Town,  fliould  receive  their  wages,  which  was  alfo  ufuaily 
 ,donej'n  other  Countries^  in  the Bclgick ;  At  this  day  at  Ieaft,  whatfoever  things 
 5arc  commanded,  are  not  confirmed,  unleffe  the  Parliament  confent.  Now  there  arc 
 3fome  Provinces,  which  arc  not  bound  by  covenant,  but  by  the  confent  of  the  Eft  aces, 
 ,  isLanguedoCy  Britain  province  ,£)  olphcnie  ,  and  forae  others ;  and  in  the  %(jiher- 
 ^lands  clearly  all.  Finally3  left  the  £ichequer,fwclling  like  the  fplecn,  whereby  all 
 3the  other  Members  do  pine  away,  (hould  draw  all  things  to  it  {elf,  every  where 
 ,  a  due  proportion  is  allotted  to  the  Elchcquer.  Since  therefore  at  lafl:  it  appeares, 
 ,  that  the  tributes,  cuftomes,  demcfall,  that  which  they  call  demefnes ,  (under  which 
 ,names  Portages,  Impofis,  Expoffc  , Royalties, wrecks, forfeitures, and fuch like 
 ,  are  comprehended)  which  are  ordinarily  or  extraordinarily  given  to  Kings,  were 
 s  conferred  on  them  for  the  benefit  of  the  people ,  and  fupportation  of  the  king- 
 ,dome,  and  fo  verily;  that  if  thefe  nerves  flaould  be  cut  in  funder  the  people  would  fall 
 a  to  decay,  tbyefe  foundation  being  under-mined,  theKingdomc  muft  needs  fall  to  the 
 9  ground;  ittruelyfollowcs,thathewhoto  the  prejudice  of  the  people  burthens  the 
 i  people,  who  reap6  a  gain  out  of  the  publike  loffe,  and  fo  cuts  their  throat  with  their 
 ^awnfword,  is  not  a  King,  but  a  Tyrant :  contrarily,thac  a  true  King  ,  as  he  is  a 
 ,furvcyor  of  thepnbhkeajfairev,  folikcwifc  an  Adminiftratorofthcpubltkcriches, 
 ,but  not  a  proprietary  Lord,  who  can  no  more  alienate  or  diffipate  the  Royall  De- 
 ,  mefnes,  then  the  kingdomcit  felfc ;  but  if  he  fliall  demene  himfclfe  other  wife ;  ve- 
 rily as  it  is  bchoovefull  to  the  Rcpubl  ike,  that  every  one  (Tiould  ufe  his  own  proper 
 .,  goods  well*  much  more  is  it  bcneficiall  for  the  Commonweal,  that  every  one  (hould 
 ,  ufe  the  publike eftate  well.  And  therefore  if  a  Lord  whoprodigally  fpendshis  E- 
 f  ftatc,is  by  publikc  authority  deduced  to  the  Waidfliipofhis  kinfmcn,and  Family 
 3  and  compelled  to  abftaine  from  his  poflefiions;  then  truly  much  more  juflly,  the 
 jGardian  ofthe  Republike,  who  converts  the  publike  Adminiftration  ©fall  wealth 
 ,  into  the  publikc  dcftru£ion,  or  utterly  fubverts  it ,  may  juftly  be  fpoiled,  by  thofe 
 t  whom  it  conccrnes,  and  to  whom  it  bclongeth  out  of  Office,  unlefle  he  defies  up- 
 ,  on  admonition.  Now  that  a  #ing  in  all  lawful]  Empires  is  not  a  proprietary  Lord 
 ,  ofthe  Royall  patrimony,  i*  cafie  to  be  manifested.  That  we  may  not  have  recourse 
 ,to  thofe  moft  ancient  ages,  whofe  Image  we  hsve  m  the  perfon  of  Ephron  king  of  the 
 Gtriah  ,Hittites,  who  durft  not  verily  fell  his  field  to  <^4  6raharn9vi\i)\cut  the  pcoplescon- 
 
 ,  fent ;  th*t  very  law  is  at  this  day  ufed  in  all  Empires,  The  Emperour  of  Germany 
 Skidtn  Uu&  j  before  he  is  Crowned,  facredlyfwears,  That  he  will  alienate ,  diflraU^ormorgage 
 Bulla  aim*  j  nothing  of  thofe  things  which  appet  t  tin  to  the  Empire ,  and  the  patrimony  of  the  Em- 
 pire; but  jt  herecovcrs  or  acqutresany  thing  by  the  publike  Forces,  that  it  (hall 
 ,  come  to  the  Empire,  not  to  himfeif.  Therefore  when  Qharles  thefourth ,  that  Wen- 
 ictflaits  his  fonne  might  be  defigned  Empercr,had  promifedan  iooooo  Crowns  to 
 ,  every  one  ofthe  Eledor$,and  becaufche  had  no  ready  monies ,  had  obliged  to  them 
 
 M 
 
The  Soveraigi  Tow  of  Parliaments  and  Kingdoms.  \  6  r 
 
 y  by  w  ?y  t  f  r  a  wnc  to  this  end,  the  Imperiall  Cuftems,  Tributes,  Tow  r.cs,  Proprieties 
 ,  and  K  ^1  tSj  there  arcfe  a  moft  fharp  diiputcabcuc  it, and  themefi  judged  the  nor- 
 ,  gage  robe  void  ;  which  verily  had  not  availed,  unleflc  that  morgagchad  becngain- 
 ,full  totheie  very  men,  who  ought  to  defend  the  Empire,  and  principally  to  eppele  '  -1  ■^'*&m> 
 y  that  inorgagc  :  Yea,  therefore  Wenceflaus  himfelf  was  compelled  as  incapab!e,tode-  \^n^t' 
 ,prive  himidf  of  r^ie  Empire,  becan/c  he  had  fuffcred  theRoyall  Rights  cfpecialiyti  -  ms'm 
 
 ,Dukedome  of  Millain  tube  taken  from  him.  In  the  Polifh  kingdom  thereis  an anci-  Ct§  i*60MA 
 ,ent  Law ,  of net  ahenatingthe  Lands  of the  Kingdom  of "Poland , renewed  ^w.M.ccclx  ** 
 
 ,  by  king  Lewes  :  There  is  the  fame  Law  in  the  Realm  of  Hungary  ,  where  we  readr,  !  ™" JJJ* 
 y  that  Andrew  king  of  Poland,  about  chc  year  M.ccxir.  was  accufed  before  Pope  Ho- 
 yfiorius  the  third,  that  neglecting  his  Oath,  he  had  alienated  the  Crown  Lands.  Tie  miod 
 ,  like  in  England  in  the  Law  of  KtEdward,A».  M.ccxcvn  i.Likewife  in  Spam  by  the  f«r.?  i, 
 jConftitutionmade under ^flphonf§%  renewed  again  cniux  in  the  AiTembly  |fA»M« 
 a  Toledo ;  which  La wes  verily  were  enacted,  when  as  cuflome  for  a  long  time  before 
 ,  had  obtained  the  forceofa  Law.  But  verily  in  the  kingdoms  of  France,  wherein,  as  in 
 ythc  pattern  of  the  reft,  I  fhall  longer  infift,  this  Law  was  ever  facrofai:<5t  \  It  is  the 
 ,  mofl  ancientcft  Law  of  the  Rcalme,  1  fay,  the  Law  born  with  the  Kingdom  itfelf, 
 yOfnot  alienating  the  Crown  (or  demefne  )  Lands,  renewed  in  the  year  c  ID, 13,66.  [^  .™/'r^r 
 ,  although  it  be  ill  obferved.  Two  cafes  oncly  are  excepted,  Panagc  or /,pennagc(  a  Ji-  grJ-     **" 
 ,ments)  to  be  exhibited  to  his  children  or  brethren  , yet  fo  as  the  clienrebry  right  be 
 ,  alwayes  retained  ;  again,  if  warlike  neceflnie  require  it, yet  with  a  pad  of  reddition, 
 ,  Ycrt  in  the  interim  both  of  them  were  heretofore  reputed  void,  unleflc  the  Aflcmbly 
 ,ofthe  three  EHates  had  commanded  it:  but  at  this  day,  fince  a  ftandins  Parliament  !/' 
 y  was  erected,  it  is  likewife  void,  unleflc  the  Parliament  of  Tarts  ,  which  is  the  Senate 
 y  of  Peers \  and  the  Chamber  of  publikc  accounts  fhall  approve  it,  and  the  Presidents  of 
 >thcEfch(qucr  alio  by  tic  Edict  of  Charles  the  6  and  ?.  And  this  is  fo  farre  fo:th  A 
 ,  true,  that  iftheancicm>  Kings  of  France  would  endow  any  Church  ,  although  that  Atm"  ''I*** 
 j  cauicthcnfecmcd  mofl  favourable,  they  vtfffbeSfad  tcobtain  the  confentof  the  No- 
 ^  hies  j  as  king  £7;//dV£en  may  be  for  an  example,  who  without  the  confent  of  the 
 3  French  and  3V^riwrfw/,durft  not  endow  the  xVonaflcry  of  S.Vincents  in  ftirir,  as  nei- 
 ther C/^^flr/thefccond,and  the  rcfl.  Moreover,  they  cannot  releafe  the  Roya!- 
 ,  ties,  or  the  right  of  nominating  Prelates  to  any  Church  «  but  -if  any  have  done  it,  as 
 t  Lf»w  the  eleventh  in  favour  ofthc  Church  of  Sennes,  and  P/j/Apthefourrhof  Jli'gi- 
 y  rrr,  ^htlip  t^Hfuftusofh^verne^h^arliaminthub  pronounced  ir  void. The  king 
 ,ofFr4»c*,vvrun  he  is  to  be  Crowned  at  Rheimes,  fvveares  tothis  law,  which  if  he 
 ^fhallviolarcitavailsa^muchasifhe  contra 6ttd concerning  theTurkiflior  Perhan 
 ,  Empire.  HcrcetheConftittitionSjOr  astbey  csllit ,  the  Statutes  ofThtlif  the  n*xt,  i.rttrf9.p*. 
 ,J*hn  the  2d,  Charles  the  fifr,  fu  t,eight,ofrefumingthofe  things  which  were  alienated  rxfr< 
 ,by  their  Anccflcrs,  (ofwhich   rcfun  prions  thcrcarcmany  irflanccjcitcd  by  Hugo  v^aL°    -• 
 ,  Cjrotius  dt  Jure  Belli  &  Facis,  !.i,  c.  \  4.W.  12.33.^  Adnotata  Hid)  Hence  in  theAf- 
 ,/embly  ofthe  three  Elates  at  Tcwres(An%\  323.1  360.1374.1401.1487^11)  which  A**   ■'■  ■  r5M 
 .Charles  the  eight  was  piefent,  many  Towns  of  the  alicnat:cn  oi  Liwes  the  eleventh  : 
 5  his  Father,  which  he  had  by  his  own  Authontie  given  to  TancrcdCafielUn,  who  de- 
 merited  v;cll  of  him,  were  taken  from  his  Heirs  ;  which  even  in  the  laflaffcmblyrf 
 3  the  three  Eflates  held  at  Orange^zs  again  decreed.  Thus  concerning  publikc  Lares. 
 ,Butthatitmay  the  more  o.dently  appeaic,   that  the  kJFgcJcrr,e  is  preferred  before 
 
 ,ihc 
 
1^8  TbeSo^eraign  power  of  Parliaments  and  Kingdom 
 
 ,  the  king, that  hecannot  by  his  private  Authoritie  diminiiT)  the  Majeftie  which  he 
 Pdulus  fiimil.  j  hath  received  from  the  people,  nor  exempt  any  one  from  his  Empire  ,  nor  grantthe 
 fj.  ,  right  of  the  Sovcraign  Dominion  in  any  part  of  the  Realm ;  Charles  the  great  once 
 
 ,  endeavoured  to  fubjecl:  the  Realm  of  France  to  the  Cjerman  Empire ;  but  the  French 
 An  uor  *i0©  » vehemently  withftood  it,  a  certain  Vafcon  Prince  making  the  Oration  :  The  mat- 
 12^,1297,  '  ,  ter  had  proceeded  to  Arms,  if 'Charles  had  proceeded  further.  Like  wife,  when  fbme 
 JS°^'ISi%  ,  part  of  the  Realm  of  France  was  delivered  to  the  Englifti ,  the  fupreme  right  was  al- 
 i>T%  ,raoft  perpetually  excepted;  but  if  Force  extorted  it  at  any  time,  as  in  the   Brittifh 
 
 ^VT's       *  ^ca&uc'  wherein  king  John  rclca(cd  his  Soveraign  Right  in  Gafcoigne  and  Poytiers, 
 iyij!  **         ,  the  king  neither  kept  his  Contract,  neither  could  or  ought  he  more  to  keep  it,  then 
 ,  a  Captain,Tutor  or  Guardian ,  as  then  he  was ;  .who  that  he  might  redeem  himfclfe, 
 ,  would  oblige  the  goods  of  his  Pupils.  By  the  fame  Law  the  Parliament  of  Paris 
 ,refcinded  the  agreement  of  the  Flujheners  ,  wherein   Charles  of  Burgundy  extorted 
 An  m^.         5  ssfmhian,  and  the  neighbour  Cities  from  the  king ;  and  in  our  time  the  agreement  of 
 Monprt'et  c.     ,  of  <JWadrit,  between  Francis  the  firft  a  Captive,  and  Charles  the  fift  the  Emperour, 
 *if.  ,  concerning  the  Dukedome  of Burgundy  was  held  void ;  and  the  Donation  of  Charles 
 
 ,  theflxtofthekingdom  ofir^tftt?  byreafonofdeath,  conferred  on  Henry  king  of 
 >  England,mzy  be  one  apt  argument  of  his  extreme  mad  neife,if others  be  wanting.Buc 
 ,that  I  may  omitothcr  things  which  might  be  faid  to  this  purpofe ,  by  what  right  at 
 L.iibtrhomc.    ,  {aft  can  a  king  give  or  fell  his  kingdom  or  any  part  thereof,  feeing  they  confift  in 
 toj-DJe verba.  ,cbepeopJe,    not  in  the  walls  ?now  thercisnofalcof  free  men  ,  when  as  Land- 
 er l^'J1^^' ,  Lords  cannot  fo  much  as  conftrain  their  free  Tenants ,  that  they  fhould  fettle  their 
 tr'a.Em.l  pe/  >Houfliold  in  any  other  place  then  where  they  pleafe ;  cfpecialiy  feeing  they  are  not 
 CdeopcrMcrt.  ,  fcrvants,  but  Brethren;  neither oncly  are  all  kings  Brethren,  but  even  ail  within 
 ,  the  Royall  Dominion  ought  to  be  fo  czlled. 
 /    rtRo  '      3  But  whether  iftheking  benottheproprietorieof  thcRealme,may  henot  atleaft 
 u&lfJftKotius?  a  be  called  the  ufufru&uary,or  receiver  ofthe  profits  of  the  Crown  Lands  ?Truely,not 
 ,  fo  much  as  an  ufufru&uary.  A  ulufrudtuary  can  Pawn  his  lands,  but  we  have  proved, 
 ,that  kings  canot  morgage  thc-Patrimony  oftheCrown.Afru6tuary  can  difpofe  or  give 
 ,  the  profits  at  his  plcafure ;  contrarily,the great  gifes  ofthe  king  are  judged  void,  His 
 ,  unnecefTary  expences  arerefcinded,his  fuperfluouscutoff;  what  ever  he  (hail  con- 
 cert into  any  other  but  the  Publike  ufe,  he  is  thought  to  have  violently  ufarpedfNei~ 
 ,ther  verily  is  he  lefle  obliged  by  the  Cincian  Law,  then  any  private  Citizen  among 
 j  the  R^dtf-r-rj  efpecially  in  France  where  no  gifts  are  of  force  without  the  confentof 
 ,  the  Auditors  ofthe  Accounts.    Hence  the  ordinary  Annotations  of  the  Chamber 
 ,  under  prodigail  kings;  This  Donation  is  too  great,  and  therefore  let  it  be  revoked. 
 ,  Now  this  Chamber  folemnly  fwears,that  whatsoever  relcripc  they  (hall  at  any  time 
 ,  receive  from  the  king,    thatthcy  willadmic  nothing  which  may  be  hurtfull  to  the 
 ,  kingdom  and  Gommonwealc,Final'y,the  Law  cares  not  how  a  Fru6tuary  u/eth  and 
 ,cn  joycth  his  profits ;  contrarily,thc  Law  pre/crihes  the  king  in  what  manner ,  and 
 3  unto  what  ufe  he  ought  to  put  them.     Therefore  the  ancient  kings  of  France  were 
 ,Jbound  to  divide  the  Rents  into  four  parts  ;  one  part  was  fpent  in  fuftaining  the  Mini- 
 ,  ftcrs  ofthe  (Shurch,  and  the  poor,  another  upon  the  kings  Table,   the  third  on  the 
 M    *        •     ,  Wages  of  his  houfholdfervants,  thclaft  in  the  rcpaire  of  royall  Caftles,  Bridges, 
 Canl,  6*  >  Houfes;  the  refidue,  if  there  were  any,  was  laid  up  in  the  Treafury.  Verily  what  iiirs 
 
 ,therc  were  about  the  year  1412  in  the  Affembly  ofthe  three  Eltatcs  at  Farts,  be- 
 
 caufc 
 
The $olpcrai»ne power ofl'jriuments and L<\ingdoms.  .   |$o 
 
 ^lufcCk/w  thefixthad  converted  all  things  into  his  and  his  Officers  Jufts,  and 
 
 ,  that  the  Domeftick  accounts,  which  before  had  not  exceeded  94  thoufand  French 
 
 tCrown<>  in  fuch  a  mifcrabie  eltate  ofthe  rcpublike,  had  increafed  to  the  fum  of  fi 
 
 ,  hundred  and  forty  thoufand  Growns,  is  fufficiently  evident  out  ofHiltories:Now  as 
 
 ,  ihc  rents  of  the  Crown  we*  thus  le(Tcned,foa!fo  the  oblationi  and  fubfidies  were 
 
 ,fpent  upon  the  Warre,  asthe  raxes  and  tallages  were  oncly  deftinated  to  the  fli- 
 
 ,pends  ofSouldiers.  In  other  Realms  the  King  verily  hath  not  any  more  Authority, 
 
 ,yea,inmoft  hehath  leile,asin  the  Germane  and   Polifh.  Empire.-  But  we  wculd 
 
 ,  therefore  prove  this  to  btfain  the  Realm  o(  France  ,\d\  by  how  much  any  man  dares 
 
 ,  to  doe  more  injury,  by  (b  much  alio  he  might  be  thought  to  have  more  right.     In  -  c 
 
 ,fumme,  what  wehave  faid  before,  the  name  ofa  King  founds  not  an  inheritance,  not  /  nt%  ntt 
 
 ,  a  propriety,  not  a  perception  of  profits,  but  a  function,  a  procuration.   As  a  Bifhop  q  1 
 
 ,  isinttitutcdfor  the  cure  and  falvation  of  the  foul,  fotheKing  ofthe  body,  in  thoic  /--m --'/-;«« <*V 
 
 ,  things  which  pertain  to  the  publikc  goods;  as  he  is  the  difpenfcroffacredgoeds,  fo  *PH 
 
 5  the  King  of  prophane,  and  what  power  he  hathin  his  EpifcopalJ,  thefame,  and  no 
 
 ,  greater  hath  the  King  in  his  dominicall  Lands ;  the  alienation  of  the  Epifcopall 
 
 ,  Lands  without  the  consent  ofthe  Chapter,  isofno  va!iditie,fo  neither  ofthe  Crown 
 
 ,  Land  without  a  publike  Parliament  or  Senate  of  the  Eitates;  Offacred  revenews 
 
 ^one  part  isdefigned  to  xdificcs,  another  to  the  poor,  a  third  to  Companions,  a  fourth 
 
 ,  to  the  Biftiop  himfelf ;  the  fame  verily  almolt  we  fee  the  King  ought  to  do  in  difpen- 
 
 ,  ring  the  revenewes  ofthe  Kingdom,  It  hinders  not,  that  the  contrary  every  where  is 
 
 ,  at  this  day  ufurped :  For  the  duty  of  Biftiops  is  not  any  way  changed  ,  because  many 
 
 ,Bifhops  (ell  thole  things  from  the  poor,  which  they  (pend  upon  Bawds ,  or  waft  til 
 
 ,  their  Manners  and  Woods ;  nor  yet  that  forae  Emperours  have  attributed  all  kindc 
 
 ,  ofpowertothctnfclves,  for  neither  can  any  one  be  judge  in  his  own  Caufc.Butifany 
 
 ,  Qararalla  hath  U\6,Thatfslong  as  his  [word  remains ,  he  would  want  no  money  ;  *A- 
 
 ydrianm  C<f/*rwillalfobeprelent,  who  (hall  fay  ,7  hat  he  would  manage  the  Princtpa- 
 
 y  kth  f°  at  a^  fronts  k"W>that  it  was  the  peoples  goods  >or  inheritance  ynot  his  own;  which 
 
 ,one  thing  aln.ott  diiiinguifheth  a  King  from  a  Tyrant:  Not,  that  zAttalus  King  of  L70.TM 
 
 ,Pergameni  ordained  the  people  ctKome  I  ciis  of  his  Realme  ;  that  Alexander  be-  14. 
 
 ,'queathed  the  kingdom  of  yEgypt,/Vo/ow/>  ofthe  Cjremans^o  the  people  of  Rome,or 
 
 ,  Prafntagus  ofthe  /cent  to  Lafary   veriJy  this  great  power  cannot  debilitate  the 
 
 ,  force  ot  the  Law  ,yea,  by  how  much  the  greater  it  is ,    by  fo  much  the  Iefle  it  hurts 
 
 ,our  law;for  what  things  theRowrfwfeizcd  upon  by  pn  text  of  law, they  wou/anot- 
 
 ,with{ranciinghavcfei7.edonby  force,  if  that  pretext  had  been  wanting  :  Yea,wcfee 
 
 ,  almot}  in  our  times,  the  Venetians  ,  by  pretext  of  a  certain    imaginary  adoption, 
 
 ,  donation  of  Lewes  the  godly  to  Pafc halloo  wit,of  Rome,  with  part  of  7r><//.bccaufe 
 ,  Piusgiv  that  which  he  pouciTed  not  ,  and  no  man  rcfilUd;  But  Charles,  his  Father, 
 ,  willing  to fubje& the  Rralai  of  Frviwff  to  the  <JermanEn^pnc,ibc  French  refiftcdhim 
 ,  by  law;  arndifhehad  gone  further,  they  prepared  torch!-  by  force  Not,  that  Solomon  l  v>r  u^ 
 ,  as  wc  read,  delivered  twenry  cities  to  HtramKmg  of  Tyre,  for  he  did  not  give  them,  icbn*4*\ 
 ,bvit  pawned  them  as  a  Creditor  till  hepaid  him  ,  and  within  a  fhort  time  recovered 
 fi thcm.whicb  appears  out  of  the  Teat  ^  Moreover  aho  they  were  barren  grounds, dl* 
 
 Yy  i:S 
 
*?o  the  Soyeraign  poster  of  Parliaments  and  Kingdoms. 
 
 3  led  by  Reliqucs  of  the  Heathens,  which  he  receiving  again  from  Hiram ,  gave  them 
 9  at  Jaft  to  the  Ifraclites  to  be  tilled  and  inherited.  Neither  can  this  more  hindcr,that  la 
 3  certain  Kingdoms  this  condition  perchance  doth  not  fo  exprefly  intervene  betweene 
 L.i.p.irair.ius  ,  the  King  and  his  peoplcjfor  albeit  it  were  not  at  ail.yct  it  appears  by  the  Jaw  ofNati- 
 rff^'f**'  >  ons,that  Kings  arenot  fubvertcrs,but  Moderators  of  the  Republike,that  they  cannot 
 2&r!u/#r'  >  cnangc  tnc  right  of  the  Commonwealth  by  their  pa#ions;  that  they  are  Lords 
 17.  D*dead-  >  onety  when  they  take  care  of  their  Pupils,  that  they  are  to  be  accounted  no  other 
 tnin.tutorj.  ,then  Guardians;  and  that  he  is  not  to  be  efteemed  a  Lord,  who  ipoils  the  City 
 fi  Fmdm.  ,  with  liberty5and  felleth  it  likea  Have,  Not  finally,that  certain  Kingdoms  are  gain- 
 vT.%ofnl&  ,cd  b7  Kin§s  tncmfiives  *°r  tncy  acquired  not  Kingdoms  by  their owne,  but  by 
 txpref  Ex-  >  pubJike  hands,  forces.trcafures ;  now  nothing  is  morcconfonant  to  reafon,  then  that 
 traneg.de  re  in.  >thofe  things  which  arc  gotten  by  the  publike  riches,  and  common  dangers  oftheCi. 
 
 rtUtlm.  *  >  *^°  on  tnc  Rcalm  of  France,  yet  the  fame  law  holds  in  both.  In  fum,at  laft  we  ought 
 ,  to  determine,  that  Kingsare  not  Proprietors,  nor  Fru#uaries,  but  onely  Admini- 
 ,  ft ratours j  and  face  it  is  fo,that  verily  they  can  much  lefle  attribute  to  them/elves  the 
 ,  propriety  and  profits  ofevery  mans  private  E  Mate,  or  of  the  publike  wealth  which 
 ,  belongeth  to  every  Town.  Thus  and  much  more  this  accutc  learned  Lawyer,  to  the 
 conviction  and  refutation  of  all  oppofite  fgnoramujjes  in  this  cafe  of  grand  concern- 
 ment,  which  will  put  a  period  to  our  unhappy  controvcrfies  concerning  the  Militia, 
 
 ^art.i.p.u  to  (  i  formcriy  dlTcufly  j  without  further  debate. 
 
 Oifirv..2»  ^  ightbly ,  That  Emperours  and  Kings  are  mofl  folemnlj  obliged  by  a  Covenant  and 
 
 Oath ,  ufually  made  to.,  and  before  all  the  people  at  their  Coronations ,  to  preferve 
 their  peoples  law es,  liberties,  lives,  eftates ;  by  breach  whereof  in  a  wilfullexceffive  man- 
 ner\they  beomep.rjurcd  Tyrants,  avid  the  people  and  LMagiftrates  are  in fomt tfert there* 
 by  abfolvedfrom  their ' Allegiance \andallobediencc  to  them. 
 tyPjtrtitfcft.  This  is  evidently  and  plentifully  confirmed  by  the^)forecited  Coronation  Oathes, 
 **«*  and  Covenantsof  our  own  Englifli  Kings  to  their  fubjc6ts,byZ><?  Jure  Magifiratusin 
 
 Subditos,  quaft.  1cf.32i.322.and  quaft .  6.  p»  1 60 .  to  3  c  o.  *  Andrew  Favine  h  is  Thea- 
 tre of  Honour, lib  .%.e.  n.i^.Francifci  Hotomani  Franco- gallia  ^cap*  6.10.  &c.  Hug* 
 .      Cjrotius  de  Jure  Belli  &  "Tacts  ,  I.  2.c,i  3»  1 4.  Pontificale  Romanum,  Rome  151  ufoU 
 1/52.I6*3«  'Defcriptio  Coronathnis  Maximiltani  Imperatoris,  Anno  i486. inter  rerum 
 German  Script  ores,  Tom.  3  >p .  3 2 .  Olaus  Magnus  de  Gent .  Septentrionalibus  Hift.  /.  1  a* 
 f.6\  Laur.BochellusdecretaEccleJitCfali'icantJ.f.Tit.iiC.i.p.jo?*  M.Jthn  Seldens 
 Titles  of  Honour, part.  \*ch. %.$:&.$. p.  198.214.  **$«  226.  (where  the  Coronation, 
 Oathesofthe  Emperour,  French  King,  of  all  the  Northern  Kings ,  and  of  molt 
 Elective  and  Succeflive  Kings  and  Qtieens  to  their  Subjects,  are  at  large  recorded :) 
 Alhhfius  Polit.c^.  Jujfus  Sccardusde Lege  Regia  •   Thomas  t^quinat  de  Rtg.Prin* 
 sipis^.  6.&2.  an*  2*.  1 2.  art.  2.  hhn  Ponet  Bifhop  ofWinchefter  in  his  Political  Go* 
 yernment.  Arnifaus  de  Author  it  ate  Principum,  p .  5  o.  to  1 2  $ .  Spar  Jim,  Vafyuius  contro* 
 Jllufir.paffim.  Ioannis  Mariana  dcRege  &  Regis  InHit.U  i.e.  6. 7 \$.Georg<Bnchano* 
 de  JureRegm  apudScotos.  Simancha  Pacenfis  de C^tholica** Inflit .  Tit*  21. »*  II  p»pSi 
 Francifim Tolletus  infummai.^  G.$MuUericus£uinglM\  Explan.  Artie* 4&41. 42* 
 itaii  to  omisall  ochcrs^ Imm Sm win  his  Vhfaiixtnm  TjrannQi}  %**£,  $.p,  ijf. 
 
7 be  Soteraign  power  of  Parliaments  and  JQtgdomey,  \y\ 
 
 to  1 67.  with  whofe  words  I  frail  fortifie  and  irradiate  this  portion  ;  ,  We  have 
 ,  faid,  that  in  confirming  a  King  a  double  Covenant  is  entred  into  ;  the  fir  ft  between 
 ,God,tbe  King  and  pcopIe,of  which  before;  the  fecond,  between  the  king  and  the 
 ,  people,  of  which  we  are  now  to  treat.  S/w/bcing  ordained  k  royall  law  was 
 
 ,  delivered  to  him,  according  to  which  he  (hould  rule.    David  made  a  Covenant  be-/wl7    i  u. 
 ,  fore  the  Lord  in  Hebw;  that  is, calling  Gcd  to  WitncfTc,  with  all  thcEIders  c  I  l  Sim- 
 
 ,Ifrae!,whoreprcfented  all  the  people,  and  then  at  lalt  he  wasannointcd  king.    /**  (  '-1  f'r'*\ 
 ,alforaadea  Covenant  with  all  the  people  of  the  land  in  the  houfeof  the  Lord,  Iektta-  ""J*  £ 
 %dd  the  hghPricir  going  before  them  in  words  :  Yea,  the  teitimony  is  faid  to  be  !  Cbm  ■ 
 ,impofed  on  him  together  with  the  Crown;   which  moft  interpret  the  I  aw  ofGod,  \  Kk^i 
 ,  which  every  where  is  called  by  that  name.  Likewifc/?/?*/?  promifed,  that  he  would 
 ,obferve  the  Precepts,  Teftimonies  and  Statutes  comprized  in  the  bock  of  the  Cove- 
 nant; by  which  names  we  underftand  the  Lawes  which  appertained  as  welltopic- 
 ,  ty  as  to  juftice.    In  all  which  places  of  Scripture,  a  Covenant  is  faid  to  bee 
 y  made  with  allthepeople,  the  whole  Multitude,  all  the  Elders,  tithe  mm  §f  IuLth  \  that 
 ,  we  may  understand  ,  which  is  likewifc  fcverally  exprefied,  noQ  oncly  the  Princes  of 
 ,  the  Tribes, but  likewifc  all  the  C  hiliarkes,Ccniurions,and  inferior  Magitf  rares  were 
 ,  prefent,  in  the  Name  of  the  Cities,  which  every  one  a  part  by  themfel  ves  made  a  Co 
 ,  venant  with  the  king.  In  that  Covenant  they  confulted  ofcreating  the  king ,  for  the 
 ,  people  did  make  the  king,  not  the  king  the  people.  Therefore  there  is  no  doubt,  buc 
 ,  the  people  made  theCovenant,  andthe  King  promifed  to pei form  it.  Now  the  par: 
 ,ofhim  that  makes  the  Covenant  is  reputed  the  better  Law  :The  people  demanded 
 , of  the  King,  whether  he  would  not  rule  juftly  and  according  to  rhe  Lawes?  Hee 
 ,  promifed  that  he  would  doc  fo  :  wherupon  the  people  anfwered  ,  That  hec  reigning 
 ,  juftly,they  would  faithfully  obey  him.    Therefore  the  King  promifed  abfolucely; 
 ,  the  people,  but  upon  condition ;    which  if  it  were  not  fulfilled  ,  the  people  by  the 
 ,  Law  it  felfe  (hould  bee  reputed  abfolved  from  all  obligation.    In  the  firlt  covenant 
 ,  or  Pa6t,Pietie  comes  into  the  obligation,  in  the  fecond, Iuftice  :  In  thar,thc  kiagrrc- 
 ,mifcth,  that  he  willferioufly  obey  Gcd  ;  in  this,that  he  will  juftly  rule  the  pecp'e: 
 ,inthat,thathewilltakccarcof  the  glory  of  God;  in  thi',ofthc  benefit  of  the  people; 
 ,  in  that  there  is  this  condition,  If  thonfoalt  obfervc  my  Z/4)v;inthis,Ifthou  fhalt  render 
 ,Iufticfl  to  every  one:  Ofchat,  if  it  be  not  fulfilled,  God  properly  is  the  avenger;  of 
 ,  this,  lawfully  all  the  people,or  the  Peers  of  the  Realm  ,  who  have  taken  upon  them 
 ,to  defend  all  the  peopie.Now  in  all  jult.  Empires,  this  hath  been  perpetually  obicrved. 
 ,Thc  Pcrfians having duely  fini(licdthcirfacrifices,madcthis  agreement  with Cyrus,  • ;n  .   .'•-  - 
 ,Thoufirft9   0(£jrus,tf  Any  make  warrervtth  the  Ptrfimt  or  violate  the  Lawes,  doeft 
 y  thoupromtfc  to  aydcthy  Qouvtrey  with  all  thy  might  f  And  as  foon  as  he  had  prcmi- 
 ,  fed,  We  Perfiarts,  fay  they ,    will  be  aiding  to  thee,  if*"}  will  not  obey  thee  ,  defending 
 Ahy  Qonntrey  :  XenophoK  calls  this  agreement  ovuua-j  im/ 1    that  is,  a  Confederate  Xeno:  ^'uic 
 y  on^Sccratcs  an  Oration  or  the  duty  of  Subjects  towards  their  Prince  t^'/y.~i  *h"lAem 
 y  Between  the  kings  ofSptrta  and  the  Sphori,  a  Covenant  was  renewed  every  month; 
 ,  and  as  the  kings  did  fatar, That  they  vronldreign  according  to  the  Laws  of  the  Conn-  'Diomf.Ha'S^ 
 ,  trey  •  fo  the  Ephori ,  If  they  didfojhat  they  would  efiabltfr  the  Kingd  Hr  hand. 
 
 ,  Likewifc  in  the  kingdom  ofthe  Romanes,  Romnlfts  made  this  contract  with  the  Se- 
 nate and  people,  That  fl)t]?topk  fyoulcj  make  Laines,  that  the  kin*  hirafetf  -*ou!d 
 ,kccpc  the  Lawcimadc;  That  the  JPcopteftoulD  Decree  5uane>  himfcifwagcit. 
 
 Yy2  And 
 
» I     '  ■  ■  ^— — ■ .  I        I     —^—11 
 
 xpi  The  Soteraigne  fewer  of  Parliaments  and  J^ingdoms* 
 
 ,  And  although  many  Emperours  obtained  the  Empire  of  the  Romans  rather  by  force 
 SeeEccardtxde  ,  and  ambition,  then  by  any  right,  and  by  the  'Roy  all Law3  as  they  call  it,  arrogated 
 LegeRtsti*&  >aJl  kinds  of  power  to  themfdves ;  yet  the*  fragments  of  that  Law,which  are  extant 
 MwMUlatno-  ^as  wcj|  jn Books  as  in  Roman inferiptions,  tufficiently reach;  that  a  power  was 
 aw/ Vwherc  >grante^  them,  ofcaringfor  andadminiftring,  not  of  fubveiting  the  Common- weal 
 shis  Law  is  re-  ,  and  opprcfling  it  by  tyranny  .Moreover,  even  good  Emperoursprofefled,  that  they 
 Q&sd;  9  were  bound  by  the  Lawes,  and  acknowledged  their  Empire  received  from  the  Se- 
 
 nate, and  referred  all  the  weigh:ieft  affaires  to  the  Senate,arwi  they  judged  itunlaw- 
 jvil  to  determine;  any  thing  of  great  publike  concernment  without  their  aduiGe. 
 ,  But  if  wee  behold  the  prefent  Empires,  there  is  not  one  of  theai  which  may  be 
 '9  thought  worthy  of  that  name,  wherein  there  is  not  fome  fuch  Covenant  interve- 
 ning between  the  Prince  and  Subic&s.  In  the  German  Empire,  not  long  fince,. 
 ,  the  King  of  Romanes  being  to  be  crowned  Emperour,  was  wont  SCo  matte  jfealfg 
 ,anD^aaiagetot()e(£mptre>noot^eriDUet^eaa  fc  iffall  (o;  tenant)  to  fcujlojo, 
 ,  when  he  received  inveftiture  of  his  Lands.  And  although  theconceived  words ,  to 
 ,  wbichhefware^ea  littlechanged  by  Popes,yet  the  fame  thing  remains  perpetually, 
 Sptmlum  S*  %  Therefore  we  know  that  Charles  the  5  •  of  ssluftria  was  created  Emperour  upon  cer~ 
 ^uwfcripi^^  wno  nave  fuccecdcd  him  5  ofwhich 
 
 YonatimsMa-   ,thefummewas;  Thathe  wouldkeep  the  Lawes  enabled y  That  he  would  make  no 
 ximilianilmpe?  ,  new  Lowes  ^without  the  Slcttors  confents ;  that  he  would,  determine  publike  affaires 
 An,  148*.  in     9faa  pubhke  Counfell ;  that  he  would  alienate  or  pervert  none  of  theft  things  which  per»  ■ 
 RerumGerm*:*  gained  to  the  Empire ;  with  other  things  which  arc  feverally  recited  by  Hiftoria- 
 fcrip.Tom,$  *•  jgrjphejs ;  And  when  as  the  Emperour  is  crowned  ac  csfchen,  the  Archbifhop  of 
 £&&*>  lit  i>  ifi^fcb  demands  of  him;  Whether  he  will  not  defend  the  Church,  adminifter  jn~ 
 fflice3preferve  the  Empire  ^protecffVidowes,  Orphans ^and  all  worthy  ofpitty  ?  which 
 j,  when  he  hath  folemnly  (worn  to  perform  before  the  Alcar,  the  Princes  and  thofc 
 ,who  rcprcfcnttheEmpirc,arc  demanded  ^whether  they  will  pr.jmife, to  fealty  &*/»rNci- 
 ,  ther  yet  is  he  firft  annotated,  or  receives  a  fword,  (ofpurpofc  te  defend  the  Repub- 
 ,like)  or  other  Enfigncs  of  the  Empire,  before  that  he  (hall  have  taken  thar  Oath. 
 s  From  whence  verily  it  is  manifeft,  that  the  Emperour  is  purely  obliged »  the  Princes, 
 ,  of  the  Empire  upon  condition  onely.   No  man  will  doubt  buc  that  the  fame  is  obfer. 
 p  yx  Vonii--  ^  VC(j  inthe kingdom  of  Pfl/rfW,  who  (hall  undcrftand  the  reremoniei  very  lately  cb- 
 Rtm  i?ixl/T  >&rved  in  the  Election  and  Coronation  of  Henry  of  Anglers :  efpecially,  the  condi- 
 i*i.itf*«  M?.\  ,tion  propounded  to  him  ofconferving  both  Religions,  as  well  the  Evangelicall  as 
 SgfcfetnTi&s    ,  Rqman,  which  the  Nobles  thrice  demanding  of  him  in  fee  forme  of  words,  he  thrice 
 9fH0n.far.ud  ^  promifed  to  perform.  In  the  Hungarian,  Bohemian f  and  other  kingdomes,  which 
 *$.i96.trio6.  ?WOuld  be  over-long  to  recite,  the  very  fame  is  done.  Neither  onely,  where  the  right 
 ,  of  Election  hath  continued  yet  entire  hitherto,  but  like  wife  where  meer  fucceffion 
 9  is  commonly  thought  to  take  place,  the  very  fame  ftipulation  is  wont  to  intervene, 
 Q?)$e?.Bccbfi!-  ^  When  the  (t)  Kingof  France  is  crowned,  the Bifhops  ofLaudune  and  Belvace  cc- 
 JKK?-*"  »c/efiailic.all  Peers,  firM  demand  of  all  the  people  that  are  prefent,  tMfytttyt  tfy? 
 lTi4il**T.  SWBreflnDXOinmanO&UtttO  be&tfig*  Whence  even-in  the  veryibrme  it  feJf  of  in- 
 &*Mr&'Jau   ,auguratibnr  he  is  faid  2Eo  be  electeD  bp  tt>e  |DeepU.  When  the  people  £&m  to 
 TUktofHon,     ,,$&&£  ConfenfeD,  hefwearess  SDIjat  h ?w ill  mi  ver fatly  defend  all  the  Lawesy  PnvU 
 fMTAi.cb  If  pi     pledges ,  unj  Eights  of France^  that  he 'Will  not  alienate  hid  demefnesy  and  the  like  (I 
 >r.  fgifc,      ^  |]u]j  jierc  jnf^_t|je  Qach  out  dtBeckeSu*  *  Mi.^/^,,and  others  intirely,  thus  5 
 
 Artbi-* 
 
—  ■  .      ,  -  . 
 
 The  Soverai&n  ToTter  tf  Parliaments  and  Kingdoms.  i  ?  J 
 
 t/frchupi/copt  Ammvmtio  ad  Regem  dicendo  tta  ( in  the  name  of  all  the  Clergy.) 
 A  vob  is  perdor.ari  pet  lmu-s %  ut  vr.tcutquc  de2{jbu  cr  Sccltfits  nobis  Commi  7/,  Ca- 
 nonicum  privilegium  %  C?-  debit  am  legem  atqtic  jufeitiam   ton/e>  &  dcfe*fed- 
 
 nem  cxhibearv  y  pent  Rex  in  R^gno  fnc  debit  umcuique  €p*j't'op9%  C-  Ecilefet  fib% 
 Commtffx* 
 
 Refponfio  Regis  ad  Epifcopos. 
 Promittozobu  &perdonoy  ejuia  znicuique  de  vobu  (ft  Eccleftis  Vobu comrtn  'tis  C  I 
 Homcum  privilcgium ,  eft  debit  Am  legem  atcjue  juftitiam  confervabo,  &  dsfewfumtm 
 quantum potnero  exhtbebo,Domtno  adjuanente ,  fee ut  Rex  in Juo  Regno  m$ic*$4*4  L- 
 pifcopo  r>  eeclefidfebt  commi f a  per  reel  urn  exhtbere  debet. 
 
 Item,  hare  dick  Rex,  &  promittit  &  firmat  juramemo. 
 
 H<tc  pjpulo  ChrijHano  C~~  miht  fubdttoy  in  £  hrifei  nomine^  promitto  .  In  pr  D 
 ZJt  Ecclefett  Dei)  omnis  Populns  Qmftianm  ueram  pacem  noftro  arbttrio  m  o>r,m  t em- 
 pore  fervet  ;  Q;fuperioritAtem9)Hray &  Nobthtates  Corona  Franc  14  mvioUbilker  ik  • 
 jtodtam,  ET  ILLA  2{EC  TRANSPORT  ABO  NSC  tALlENAXO, 
 Itcmy  utomnes  repacitates  cfc  omnesiniquttates  omnibus  gradibns  inter  dsc  am.  Item, 
 ut  in  omnibus  judicits  tquttatem  &  mtjtricordiam  prdotpiamy  ut  mihi  &  vobu  indul- 
 gent per  [team  mifericordiam  element  &  mifertccrs  T>ominw .  Item ,  it  terra  me  a  ac 
 jurifdttlione  mihifubdttd  univerfos  Hareticos  Scclefeadenotdtos  7provmbm  bona  fide 
 externsinare  fludebo.   H&comniaprtdi&a firmo jur anient c, 
 
 jTummanumapponat  Ltbro  fr  libr urn ofculctur)Thdt  things,  though  they  haye 
 ,  been  altered,  and  arc  farre  different  from  the  ancient  forme  of  the  Oach  which  is  ex- 
 ,  tant  in  the  Library  of  the  Chapter  of  Belvaeey  to  which  Philip  the  fall  is  found  to 
 ,  havefworn  ;   yet  notwithstanding  they  are  plainly  enough  exprclTcd  :   Ncnhcr  is 
 ,  the  King  girt  with  a  fword^nnoimec^crowned  by  the  Peercs  (who  even  thcmfelvcs 
 ,  arc  adorned  with  Coronets)or  receives  thcSccptcr  or  rod  of  Iuflice^or  is  proclaimed 
 5A'ing,  before  THE  PEOPLE  HAVE  COMMANDED   IT;  Neither  doe  the  Sec  tioumm 
 ,  Pccrcs  thcmfelvcs  fwear  fealty  and  homage  to  him,  untill  hefhallhave  given  his  /^lc^0 
 ,  faith  unto  them,  That  he  will  exatlly  keep  the  Latres :  Now  thole  are ,  that  hte  pJdli 
 y  not  wafie  the  pub  like  Patrimony :  that  hefiallnot  impofe  nor  enjojn  cufeomes  i  Taxes y 
 3  Tributes  at  bfJowne pleafure3$Ql  fcenBUriCe  toane,o;  mafce  peace  ;  Finally  ,  that 
 }bt  P:ali  determine nothing  concerning  the  publike  affaires  y  but  in  apuilike  fiur.K 
 7  AlfcyW  the  Senate,  the  Parliaments,  the  Officers  oj  the  Kingdome  Jbali  confeantly- 
 9  enjoy  their feverall  authorities-,*^  other  things  which  have  bccnalwayesobfcivec'jn 
 3  the  Realm  of  i^wrr.  Yea  vculy^whcn  he  enters  intoany  Province  or  City,  Lee  u 
 bsundto  confirm  their  frivilcdges,  and  he  binds  him/elf e  by  Oath  to  prefervt  their 
 y  Lawesand  Cufeomes:  Which  cuftometakes  placcby  name  among  thole  of  Tholoufe 
 't  (DolphenieiBrttannjJ  Province  and  Roche  1-,  whofc  agreements  wnh  Kin^s  arc  molt  T)c  lure  Ma- 
 3exprciTci  all  which  ftiould  be  frurJratc^unleiTcthcy  (houldbc  thought  to  hold  ihe  pti.'msubmmt 
 
 ,  thU Agr cement ^his  Tenants,  feudatari(Si  andfubjedlsprefcnt  and  to  come,  iTiuuKi  r^r-jr.s     . 
 ,  not  be  thenceforth  bound  cither  to  obey  or  ferve  him,  hutrathcr  the  Duke  of  £u>*h* 
 sg"edj  andhisSucccllcurs,  aid  thatthey  (houlcbcfiecvi  and  abfoWe^  fiomali  the 
 ^tcalty^OathcsjptcmifcJjobligaticLJanddtir'-e  whatfoivcr,  uudtt^bichU>ryiitic 
 
 Yy3  /oirr.e; 
 
17  4  Tbf  Soyeraigne  power  of  Parliaments  and  fyngdoms . 
 
 formerly  obliged  by  Charles.  The  like  we  read  between  King  Lewis  and  Charles  the 
 Bald.  Yea,  Pope  Iohn  the  22,  in  the  Treaty  between  Philip  the  long  of  France,  and 
 the  Flimrmngs?  caufed  it  to  be  fet  downe,  That  if  the  King  did  infringe  the  Treaty ,  it 
 s  might  be  lawfull  forhisSubjefts  to  take  Armesagainft  him;  And  if  was  ufuall  among 
 An  alBuri*  »  tnc^r^  Kings  of  France  in  their  Treatifcs  with  other  Princes,  to  fweare,  that  if  they 
 ,  brake  the  Treaties  made  by  thcm,their  Subjects  fliall  be  free  from  their  obcdiencr,is 
 ,  in  the  Treaty  ofzArras  and  others*  The  Oath  of  the  ancient  kings  of  Burgundy  is 
 > extant  in  thefe  words,  I rviH  conferve  LaTv,juftiee,aHd  protection  to  all  men.  In  Eng- 
 y  landScotland.SvoedenfDonmarke^  there  is  almoft  the  fame  cuftome  as  in  France ,and 
 ,  verily  no  where  more  directly  then  in  Spain.  For  in  the  Kingdonae  oi*sfrragon> 
 ,  many  ceremonies  being  difpatched  between  him  who  reprefents  the  juftice  ef  Arra- 
 ,^»,orpubhkeMajefty,  who  fits  in  an  higher  Throne,  and  having  read  the  Lawes 
 ,and  conditions ,  which  he  is  to  obfervc  who  is  to  be  crowned  King,  SJ2H1}Q  Dotfl 
 ,  fealtp  atlO  homage  to  r)im,  the  Nobles  at  laft  fpcake  thus  to  the  King  in  their  owne 
 3  language ;  $23e,  fo&aarea0  potDCrfall  as  ?oa>  (for  fo  the  Spanifh  Idiom  imports) 
 ,  anD  Can  DOemajet^cn  fOtl,  have  chofen you  King  upon  thefe  and  thefe  conditions, 
 
 ,  li5ettiTB&n  sou  arts  Hsf&eteretgnes  one  greater  tr^eti^oa ;  ("to  wit,  the  Iuftice  of 
 ,  Arragon.)  Now  left  he  fhould  think  he  had  fworn  thofe  things  oneiy  perfunctorily, 
 ,  or  onely  for  to  obfervc  the  old  cuftome,  thefe  very  words  are  wont  to  be  repeated 
 ,  every  third  yeerc  in  the  publikc  AfTembly .-    But  if  he  frail  grow  info.'enctrufting 
 3  to  his  Roy  all  power,  fliall  violate  the  publikc  Lawea,  finally,fliali  neglect  the  Oath 
 ,  he  hath  taken ;  then  verily  by  the  Law  it  fcife,  he  is  deemed  excommuuicated  with 
 ,  thatgrandeft  excommunication  (or  AnathemaJ  wherewith  the  Church  in  former 
 ,  times  e.vcommflnicated  /u/ianthe  Apoltatc;  whofe  fonce  truly  is  fuch  ;  that  no 
 ,  mote  prayers  may  be  concerned  for  him,  but  againfthim  ;  and  they  thtmfclves  are 
 ,  clearly  abfolved  from  their  Oath  and  Obligation  by  that  Law,  whereby  a  vaffall 
 *  out  of  duty  ought  not  to  obey  an  excommunicated  Lord,neither  is  bound  to  do  it  by 
 In  cmiLTot.    ,  his  Oath  ;  which  is  ratified  among  them  by  the  Decree  both  ©fa  Councell,and  of  a 
 A.t^^&ToL  ,  Parliament  or  publikc  AtTcmbly.  Likewifeintbe  kingdomeofCtfift/^an  AiTembly 
 *.l.x.feudjit.  ,  being  fummoned,  the  King  that  is  to  be  crowned,  is  firft  publikely  admonilhed  of 
 '  *ar' l%        ,  his  duty;  after  which,moft  e.vpreffe  conditions  are  read,  which  pertaine  to  the  pro- 
 ,  fit  of  the  Republik  e :  Then  the  King  fweares,  that  he  will  diligently  and  faithfully 
 ^obfervethem;  then  at  laft  the  great  Matter  of  the  Knights  binds  himfelfetohim  by 
 ,  Oath,  whom  the  other  Princes  and  Deputies  of  Cities  afterwards  follow  every  one 
 Ltiojcu'ecn-    jinhisordcr;  which  alfo  is  in  Jike  manner  obferved  in  Portugal^  Leon,  and  the  o- 
 tnr.  jtherkingdomes  of  Spain.  Neither  verily,  were  leffcr  principalities  inftituted  by  any 
 
 ,  other  Law.  There  are  extant  moftexpreiTc  agreements  of  the  Brabanders>  of  the  o- 
 ,ther  people  of  Belgia)AxftriayQarintha,and  other  provinces,  made  with  their  prin- 
 ,  ccs,  which  verily  have  thcplace  of  conditions;  But  the  Brabanders  exprefly,  that 
 ,  place  might  aot  be  left  to  any  ambiguity,  have  expielTcd  this  condition.  For  in  in- 
 ,augurating  their  Duke,in  ancient  conventions,  wherein  there  is  almoR  nothing  wan- 
 gling for  the  prefervation  of  th- Republike,  they  be. ng  all  read  ©ver  before  ihe 
 Ludnk.  Guit*  >  Duke,  they  protelt  openly  and  plainly  to  hin^that  unleiTc  he  (hall  obfervc  them  all, 
 fi#at  it  Hail  be  free  fo:  trjemto  cljufe  another  tDufee  at  ttjctr  pleafure  :  Which 
 ,  conditions  hcembracing  and  willingly  acknowledging,  he  then  binds  himfelfe  by 
 ,  Oath  to  obfervc  them,  which  was  alfo  obierved  in  the  inauguration  of  P.hilip  the 
 
 laft 
 
The  So^traigne  poorer  of  Parliaments  and  %jn?domst 
 
 p  lift  King  of 5Jp4»*#.In(iim,  no  mancandeny,  hue  that  thcic  is  a  toMl  dil 
 
 .contract  between  the  King  and  ftlbjeASj  to  wit,  That  he  feigning  well,  Hull  be  . 
 , obeyed  :  Which  verily  is  wont  to  be  confirmed  with  an  Oath  by  the  King  firHj,  af- 
 terwards by  the  people.  Now  verily  I  demand  here,  why  any  mm  fliould  fweare, 
 ,  but  that  he  may  (hew  that  he fpcaks  from  his  heart  and  ferioully  ?  whether  truly  is 
 ,  there  any  thing  more  agreeable  to  nature  ,  then  that  thole  things  which  have  pfetfid 
 ,us,fliould  be  obferved?Morcovcr,why  doth  the  Kingfwcar  firn\ac  the  peoples  It  iptt-  f 
 ,  latum  or  rcqueft,but  that  he  may  receive  cither  a  tacit  or  cxprciTccondition?Buc  why  /  '^JfiZm. 
 y  is  a  condition  annexed  to  a  contract,  but  oncly  to  this  end,  that  if  it  beenot  fulfilled,  loDdett 
 ,  the  contract  fliould  become  voidc  in  Law  it  fclfe?  But  if  through  default  of  pcr- 
 
 ,  forming  the  condition,  the  contracl  be  voidc in  Law  it  fclfe  ,  who  may  call  the  people 
 ,  perjured,  who  fhall  deny  obedience  to  a  King,  neglecting  that  condition  which  hec 
 ,  might  and  ought  to  fulfil  &  violating  that  law  to  which  he  hath  1  worn?  Yea, who  on 
 ,thc  contrary  would  not  account  theKing  fadifragous,perjurious  &  altogether  unwer-  ; 
 ,thy  of  that  benefit?For  ifcheLaw  frceth  theValTal  from  the  bond  of  hisTcnurr,againit  %6^^a  **7* 
 ,  whom  theLord  hath  committed  felony  or  perjury,  although  the  Lord  truly  doth  not 
 ,  properly  give  his  faith  to  hisVa{Tall,but  his  VaiTall  to  him  :  ifthc  Law  of  the  twelve 
 fables  commands  aPatron  who  defrauded  hisClient  to  be  dcteftablcrif  the  civil  laws 
 ,  permit  a  villain  enfranchifed  an  action  again!}  theoutragious  injury  of  his  Lord;  if  in 
 ,chcfe  cafes  they  free  a  fcrvanthimfelf  from  hisMafterspovvcr,whcrasycc  there  is  only  lX'"^3  5 
 >anatura!lnot  civill  obligation  therein, (1  l"hall  adde  out  of  *  Dejure  M.tgtfiratus  in 
 yfubditos.  If  in  Matrimony  ,which  u  the  nearejl  andftriBeft  obligation  of  all  other  between 
 9  men,wherin  God  himfelfe  intervenes  as  the  chief  Author  of  the  contracted  by  which 
 ythofe  who  were  two  are  made  onefiejh  ,  if  the  one  party  forfakes  the  other ,  the  zApoflle  ' ' 
 
 tpronounceth  the  party  forfaked  to  be  free  from  all  obligation ,  becaufe  the  party  deferttng 
 yVtolates  the  chief  condnton  of  marriage ,$V.)Shal  not  the  people  be  much  more  abfolvcd 
 ^  from  their  Allegiance  which  they  have  made  to  the  King,  if  the  King,  who  firftfo- 
 y  lemnly  fwearestothem,as  a  Steward  to  his  Lord,  fliall  break  his  faith?  Yea  verily 
 ,  whether  if  not  thefc  Rights,  not  thefc  Solemnities,  not  thefc  Sacraments  or  Oathes 
 y  fliould  intervene,  doth  not  nature  it  felfc  fuflficiently  teach,  that  Kings  arc  cohftitutcd 
 ,  by  the  people ,  upon  this  condition  ,  that  they  fliould  reign  well?  Iudges,  that  they 
 ,  fhall  pronounce  Law  ?  Captaines  of  warrc,  that  they  fliould  lead  an  Army  againlt 
 enemies?  But  and  if fo  be  they  rage,orTcr  injury,(b  as  themfelvesare  made  enemies,  as 
 ,  they  arc  no  Kings,  (bneitbec  ought  they  to  be  acknowledged  by  the  people.  What  if  cia.C 
 9  thou  (halt  fay,  that  fome  people  fubdued  by  force,  the  Prince  hath  compelled  to  fwear 
 ,  to  his  commands  ?  What,fay  I ,  if  a  Thiefc,  a  Pyrate,  a  Tyrant,  with  wkcm  no  fo- 
 ,  cictyofLaw  or  Right  is  thought  to  be,  fliould  with  a  drawn  fword  violently  extort 
 ,  a  deed  from  any  one?  Is  it  not  known,  that  fealty  extorted  by  force  bindeth  not , 
 ^efpccially  ifany  thing  be  promifed  againft  good  manners ,  againft  the  law  of  na- 
 ture? Now  what  is  more  repugnant  to  nature,  then  that  a  people  fliould  lay  chaines 
 ,  and  fetters  upon  themfelvei,  then  that  they  fliould  lay  their  own  throats  to^he 
 /word  ?  then  thatthey  fliould  lay  violent  hands  upon  tbemfelvcs  ?  (or  which.il  verily 
 3  the  fame  thing)  promife  it  to  the  Prince?  Therefore  there  is  a  mutual!  obligation 
 ,  between  theKing  and  people,  which  whether  it  be  only  civill  or  naturalJ,  tacit,  or 
 c  in  exprctTe  words,  cas  be  taken  away  by  noagreemcnts,violated  by  no  La  w,  refcin- 
 ^rkd  by  no  force ;  Whofc  force  only  is  fo  great ,  that  tbe  Prince  who  (ball  contemp- 
 
I76  The  Soveraigne  Power  of  Parliaments  and  Kingdoms. 
 
 3  tuouily  break  it,  cnay.be  truly  called  a  Tyrant ,  the  people  who  fii all  willingly  in- 
 fringe, it  feditious:  So  this  grand  accutc  Lawyer  determines. I  fiullcloft  upthis  wuh 
 ,the  unanimous  refblutions  and  notable  decree  of  the  United  Netherland  Provinces. 
 ,  Anns  Dom*  1581.  d  daring  Philip  King  o£Sp4into  be  fallen  from  the  Seigniorie  of 
 ,the  Netherlands  for  his  Tyranny  and  breach  of  Oath  ,  which  is  thus  recited  by 
 9  Griwftcne,  and  recorded  in  his  general!  Hiftory  of  the  Netherlands  t  page  £5  8,to  667, 
 
 ,  In  the  alterations  which  happen  fometimesin  an  Eftate  betwixt  the  Sovcraigne 
 9  Prince  and  a  people  that  is  free  and  pririledgcd  ,  there  are  ordinarily  two  points, 
 ,  which  make  them  to  ay  me  at  two  divers  ends:  The  one  is,  when  as  the  Prince  fecks 
 i  to  have  a  full  fubje&ion  and  obedience  of  the  people,  and  the  people  concrariwifc  rc- 
 ,  quire,  that  the  Prince  fliould  maintainc  them  in  their  freedomes  and  liberties,  which 
 ,  he  hath  promifed  andfwornc  folemnly  unto  them,  before  his  reception  to  the  princi- 
 palis. Thereupon  quarrels  grow  2  tie  Prince  will  hoida  hard  hand  ,  and  will 
 ,  feck  by  force  to  bee  obeyed  ;  and  the  fubjc&s  rifing  againft  the  Prince ,  often- 
 ,  times  with  dangerous  tumults,  rejecting  his  authority ,  feek  to  embrace  their  full  Ji* 
 ,bertya 
 
 ,  In  tbefefirft  motions  there  happen  fometimes conferences,  at  the inflance of neigh- 
 sbours,who  may  haveintereft  thcrin,to  quench  this  fire  of  di  virion  betwixt  the  Prince 
 ,andhisfubjecl:s.  Andthenifanyoncof  the  parties  groweth  obftinate,  and  will  not 
 *  yecld,although  hefeemeto  be  moft  in  fault, it  foliowcthof  neceffity,  that  they  muft 
 ,  come  to  more  violent  remed  les,  that  is  to  fay  to  armes.  The  power  of  the  Prince  is 
 ?  great,  when  thee  is  fupportcd  by  other  Princes,  which  joyn  with  him  for  the  cons- 
 equence of  the  example,  clfcit  is  but  frnall:  but  that  of  the  people  (which  is  the  body> 
 ,  whereof  the  Prince  is  the  head  jttirrcdupby  conicience  (efpccialiy  if  thequchion 
 6^>fRcligion  be  touched)  the  members  ordained  for  their  tun&ion5doing  joy  ntfy  their 
 9  duties,  is  farre  greater.  Thereupon  they  wound,  they  kill,  rhey  burue,  theyru  nc, 
 sand  grow defperately  mad:  but  what  isthecvent?  God  fwho  isancnemy  to  all 
 3  tyranny  and  difobediencc) judgeth  quarrcls,weigheth  them  in  his  b  Jlance  of  juftice, 
 ,  helping  the  rjghi  full  caufe,  and  either  caufeth  the  Prince  for  his  rigour  and  tyranny 
 „  to  btchafed  a  way  *and  deprived  of  his  eftate  and  principality;  or  the  people  for  their 
 ,  contempt  and  rebellion  ate  punifhed  and  reduced  untorcafon;  which  caufeth  the 
 ,  alterations  to  ccafe,  and  procured?  a  peace  :  whereof  we  could  produce  many  ex- 
 5amplcs,bothantientandrnoderne,ifthe  relation  of  this  hiftory  did  not  furnifri  us 
 ,  fufficiently. 
 See  MeurtrM  ,  So  thegenerall  Eftates  of  the  united  Province$,fecing  that  KlngPhilip  would  not  m 
 Mi'j.  ir/ft,  Ui  r.  y  any  fortfthrcugh  his  wilfulncfle)y  eeld  unto  their  bumble  fuitc  and  pctitionsjatid  not- 
 ,withftanding  all  the  offers  they  could  make  to  purchafe  a  good,fir  me,  and  an  aflurcd, 
 x  peace,  (notwithfta  ding  all  the interceflions  both  oftheEmpcrour,rhc  French  King, 
 ,  the  Queen  of  EngUnd^vA  other  great  Princes  and  Potentates  cf  Christendom)  yet 
 ,  would  he  not  give  eare  to  any  other  reafbn,  but  what  himftlfe  did  propound:  the 
 5  which  the  laid  Eftates  did  not  only  find  unjuft  and  unrealbnable,dire6t  ly  repugnant 
 yto  their  libertics,conftitutian«,and  freedomes  of  the  Countrey  ;  but  alio  contrary  to 
 ,  their  confcicnces,  and  as  it  were  (b  many  fnares  layed  10  catch  them,  w  hich  were  in 
 6nofbrttobeallow(dof,norreceived,conflderingthe<]ualitieofthcii  affaires  and  his, 
 
 accord ing  to  the  time.  In  the  end,  rejecting  all  iearc  of  hispower  and  threats ,  fccirjg 
 
 ,  the/ 
 
The  Soteratgne power  ef  Parliaments  and  Kingdoms.  x~j 
 
 ,they  were  forced  to  enter  into  all  courfcs  of  extremity  againft  a  Prince,  which  held 
 ,himfclfefohainoufly  offended,  as  no  reconciliation  could  be  cxpe&ed,  relying  u: 
 ,  the  juftice  and  cquitic  of  their  caufe,and  (inccritic  of  their  confcienccsf  which  arc  two 
 ,  brazen  bulwarks,)  they  were  fully  rcfolvcd  (without  diffcmbling^co  take  the  matter 
 ,  thus  advanced  in  hand, and  oppofing  force  againft  force,mcancs  againft  mcanes,ind 
 ,  pradtifes  againft  pra&ifcs ,  to  declare  him  quite  fallen  from  the  Scigniorie,  prchc- 
 .minence,  and  authority,  which  before  the  troubles ,  the  breach  of  their  priviiedges, 
 ,  rights,  frccdonees,  and  immunities,  fo  often  and  fo  folemnly  fwornc  by  him, 
 ,  and  difpenfation  of  his  Oaths,  he  had  or  was  wont  to  have  in  the  fi'id  Provinces  ref- 
 ,  pe<5tively.  Whereof  they  made  open  declaration  by  a  publick  Edict,  thctcnour 
 ,  whereof  folio  wcth, 
 
 ,  The GenerallEftatcS  ofthe  united  Provinces  oftheNcthcrlands,to all thofe that  Tie 
 ,  thefe  prefents  fhallfce,rcade,orhearc,grceting  As  it  is  well  known  unto  all  men,cfai  cra*J 
 
 ,  a  Ptince  and  Lord  of  a  Countrey  is  ordained  by  God, to  be  Sovcraign  and  head  c\  c  i  ^cla" 
 
 y  his  fubjec~ts,  and  to  prcfeveve  and  defend  them  from  all  injuries,  force,  and  violcnc; 
 ,  even  as  a  fhephcard  for  the  defence  of  his  fheep,  and  that  the  fubjccls  are  noc  crea- 
 ted by  God  for  the  Prince,to  obey  him  in  all  he  fhall  command  ,  bee  it  with  God,  or  *< 
 ,  againft  him,  reafonablc  or  unrcafonablc,  nor  to  fcrvc  him  as  flavcs  and  bondmen;  ! 
 ,butrathtf  the  Prince  is  ordained  for  his  fubje&s  (  without  the  which  hecannotbe  a 
 *  Prince)  to  govcrnc  them  according  unto  equity  and  reafon,  to  takecarc  for  them,  Scc  ^ 
 ,and  te  love  them  even  as  a  father  doth  his  children,  or  a  fhephcard  his  fhecp,  who  an  J  others. 
 ,  puttcth  both  his  body  and  lifeindangcr,  todefend  and  prcfervc  them.  If  thePrifice 
 ,  therefore  faileth  herein,  and  in  ftead  of  prefcrving  his  fubje<5ts,  doth  outrage  and  op- 
 ,preffc them, depriveth  them  oftheirprivilcdgesand  ancient  cuftomes ,  commandcth 
 ,them,and  will  be  ferved  of  them  as  of  flavcs,they  arc  no  longer  bound  to  refpect  him  as 
 ,theirSoveragn  Princeand  Lord, but  to  efteem  of  him  as  aTyrant;  neither  are  the  fub- 
 yje&s  (according  unto  Law  and  Reafon)  bound  to  acknowledge  him  for  their  Prince;  N  t 
 ,foas  without  any  offence  ,  being  done  with  deliberation  and  the  authority  of  the 
 ,  Eftates  ofthe  Countrcy,  they  may  freely  abandon  him,and  in  his  place  chufc  another 
 ,  for  their  Prince  and  Lord,  to  defend  them  refpecially,  when  as  thefubjedts  by  hum- 
 ,  blcfuit,  intreatie,  and  admonitions, could  never  mollifie  their 'Princcshcart^nordi- 
 ,  vert  him  from  his  entcrprifes  an  tyrannous  defigncs :  fo  as  they  have  no  other  incancs 
 ,  left  them  to  prefcrvctheirantientlibcrrie,  their  wives,  children  andpoftcrity,forthe 
 y  which  (according  to  the  lawes  of  nature )  they  arc  bound  to  cxpofc  both  life  and 
 ,  goods;  as  for  the  like  occasions, WC  haTefeencittofall  out  often  in  divers  Countries 
 ,  whereof  the  examples  arc  yet  frefli  in  memory.  The  which  ought  efpccially  tobec 
 9  of  force  in  thefe  Countries,  the  which  have  alwayes  been  and  ought  to  be  governed, 
 ,  according  unto  the  oath  taken  by  their  Trinccs,  when  they  receive  them,  conforma- 
 ble to  their  priviledges  and  anticnt  cuftomes,  having  no  power  to  infringe  them: 
 y  befides  that,moft  part  ofthe  faid  Provinces  have  alwayes  received  and  admitted  their 
 ,  Princes  and  Lordsuponcertaine  conditions,  and  by  fworn  contracts;  the  which  if 
 ,  the  Prince  fhall  violate,  hce  it  by  right  fallen  from  the  rule  and  fuperiority  ofthe 
 jCountrey.  So  it  is,  that  the  King  of  Spawe  (  afcer  the  deceafeof  thcEmperour 
 ,  Charles  the  fifth,his  father  of  famous  memory ,  from  whom  all  thefe  Countries  were 
 ,tranfportcd  unto  him^  forgetting  the  fcrvices,  which  as  well  his  father  as  hirafclfe 
 
 Z   2  >h: 
 
178  The  S alter aigne  fower  of  Parliaments  and  %ingd<Jta$. 
 
 3  hadreceivcdofthefeCountrics^and  the  inhabitants  thereof,  by  the  which  cfpcciaily 
 ,  the  King  of  iS>^*  had  obtained  fuch  glorious  and  memorable  victories  ?gainft  his 
 ?  enemies,as  his  name  and  power  was  renowned  and  feared  throughout  all  the  world; 
 ,  forgetting  alfo  the  admonitions  which  his  faid  Imperiall  Majcfty  had  heretofore 
 9  given  him  :  and  contratiwife,  hath  given  eare,  beliefe,  and  credit  unto  them  of  the 
 ,  Counceli  of  Spain  which  were  about  him  $  the  faid  Counceli  having  conceived  a 
 ,  fecret  hatrrd  againft  thefe  Countries  and  their  Liberties  (for  that  it  was  not  Ja  wfuli 
 /or  them  to  command  there,  and  to  govern  them,  or  to  merit  among  them  the 
 ,chicfe  p/acesand  offices,  as  they  doein  the  Realm  ofNaples,Sicilic,Mjllainr,atthe 
 , Indies,  and  in  other  Countries  which  are  fubjedt  to  the  Kings  command,  being  alfo 
 ^moYed  thereunto  by  the  richesof  the  faid  Countries,  well  knowne  to  the  molt  of 
 ^themjj  the  faid  counceli,  or  fomeofthechiefeof  them,  haye  oftentimes  given  the 
 ,King  toundcrft^nd,  That  for  his  Maieities  reputation  and  greater  authority,  it  were 
 ,  better  to  conquer  the  Netherlands  anew,  and  then  to  command  abfoluteiy  at  his 
 3  pleafure,than  to  govern  them  under  fuch  conditions,which  he  at  his  reception  to  the 
 3  Seigniory  of  the  laid  Countries  had  fworn  to  obferve.  The  A'mgof  Spain  follow** 
 3  ing  this  counfell,  hath  fought  ail  mcanes  to  reduce  thc(e  countries  (fpoiling  them  of 
 ,  their  ancient  Liberties)  into  fcrvitude,  under  the  government  of  Spaniards  s  having 
 rundcr  pretext  of  Religion  fought  firft  to  thruft  in  new  Bifhops  into  the  chicfe  and 
 ,greate(t  Townes,indowing  them  with  the ncheft  Abbeyes,  adding  to  every  Bidiop 
 ,  nine  Chanons  to  fcrvc  him  as  Councellors,  wherof  three fliould  have  a  fpecial  charge 
 ,of  the  Inquifition.  By  which  incorporation  of  the  faid  B»fhops,  being  his  creatures 
 ,  and  at  his  devotion  (the  which  fhould  happily  have  been  chofen  as  well  of  Grangers* 
 3  as  of  them  which  were  born  in  the  Country)  they  fliould  have  the  firft  place  and  the 
 3  firft  voycein  the  affcmblies  of  theEftatesofthe  Country.  Ana  by  tbe  adiun&ionof 
 ,  the  faid  Chanons,had  brought  in  the  Inquifition  of  Spanyhe  which  had  alfo  bin  fc 
 ,  abhorred,  and  fo  odious  in  thefe  Countries ,  even  as  Slavery  it  felfe,  as  all  the  world 
 9  doth  wellknew :  So  as  his  Imperiall  Maiefty  having  once  propounded  it  unto  thefe 
 ,  Countries,  upon  due  information  given  unto  His  Maiefty,  ccafed  from  any  more 
 ,  fpeech  thereof,  flie  wing  therein  the  great  affeclion  which  he  bare  unto  His  Subie&s. 
 j  Vet  notwithstanding  divers  Declarations  which  were  made  unto  the  King  of  Spain, 
 j  as  well  by  the  Provinces  and  Tc»wnes  in  particular,  as  by  fome  other  of  the  chiefc 
 j  Noblemen  of  the  Country,  namely,  by  the  Baron  of  Montigny,  and  afterwards  by 
 1  the  Earle  of  Egmont,  who  by  the  confent  of  the  DutchefTe  ot  Parma  f  then  Regent  of 
 9  the  faid  Countries)  by  the  adviceof  the  Counceli  of  Eftate,  andofche  Gencralty, 
 ,  had  to  that  end  been  fucceffi vely  fent  into  Spain :  And  notwithstanding  that  the  king 
 3badbyhisowtt  mouth  given  them  hope,  chat  (according  to  their  petitions,)  hee 
 9  would  provide  for  the  contentment  of  the  Country;  yet  that  he  had  fmceby  his  leu 
 ^  ters  done  the  contrary,  commanding  exprefly,  and  upon  pain  of  his  indignation,  to 
 ;  receive  the  new  Bifhops  pxefcntly,  and  to  put  them  in  pofleffion  of  their  new  Bi- 
 ,&opricks  and  incorporated  Abbeyes,  toerTe$the  Inquifition,  where  they  had  be- 
 ?gun  jo  pra&ifeit^and  to  obferve  the  Decrees  and  Canons  of  the  Counceli  ©f  Trent, 
 ,  the  which  in  divers,  points  doe  contradict  the priv fledges  of  the  Goumrey.  The 
 3  which  being  come  to  the  knowledgeofthc  Commons,  hath  given  juft  occasion  of 
 ,  lb  great  an  alteration  among  them,  and  greatly  diminiflied  the  love  and  srTe&ion, 
 ^the  whichfas  good  fubje&s)  they  had  alwayes  borne  unto  the  King,  and  to  his  pre- 
 
 3deccflbr^. 
 
The  Soteraigne  power  of  Parliaments  and  Kingdoms.  i7g 
 
 ,  deceflburs.   tor  they  called  chiefly  into  confutation,  that  the  King  not  onely  pre- 
 tended to  tyrannize  over  their  perfoas  and  goods,  but  all©  upon  their  confeience* 
 ,  whereon  they  held  thcmfelves  not  to  bcanfwcrable,  nor  bound  to  give  account  to 
 ,  any  one  but  to  God  only.Forthis  caufc,andfor  the  pitty  they  ha  Jot  the  poor  n?o- 
 ,  pie,  the  chiefeof  the  Nobility  did  in  the  yC3rc  i  566.  exhibit  certain  ad.uoni:  | 
 ,  way  ofaPetitior,   befecching  him,  that  for  the  pacifying  of  the  Commons,  ani 
 ,  to  avoid  all  tumults  and  feditions,  ic  would  plcafe  his  Majcrty  ,  (fhewing  the  love 
 ,  and  affection,  which  as  a  mild  and  mercifull  Prince  hebareumo  hit  SubjcclfJ  co 
 ,  moderate  the  bid  points  %  and  cfpecialJy  thofe  vvhich  concerned  the  rigarous  Inqui- 
 ,  fnion,  and  punifhmentsfor  matters  of  Religion.  And  to  informe  the  Kin^  more 
 ,  particularly  thereof,  and  with  more  authority,  and  to  let  him  under/land,  how  nc- 
 ,cciTary  it  was  for  thegood  and  profperity  of  theCountrcy,  and  for  the  maintenance 
 f  of  peace  and  tranquility,  to  abolidi  and  difannull  thofc  innovations,  and  to  moderate 
 ,  the  rigour  of  pnblike  Edicts,  for  matter  of  Religion ;  the  faid  MarqucfTc  of  Berges 
 ,  and  Barcn  of  Montigny ,  at  tbereqneft  of  the  faid  Lady  Regent,  the  Counccll  of  E- 
 ,  ftate,  and  the  Gencrall  Eftates  of  all  the  Countries,  went  into  Spain  as  EmbafTadors: 
 ,  whereas  the  King,  inftcadofgiving  them  audience,  and  to  prevent  the  inconveni- 
 ences delivered  by  them,  (the  which,  for  that  they  were  not  rcdrciTed  in  time   as 
 ,  urgent  necc/Tity  required,  began  in  effect-  to  difcovcr  tbcmfelves  throughout  the 
 ,  whole  CountreyJ  by  the  periwafion  and  advice  of  ttc  Councellof  Spain ,  hce  hath 
 ,caufedall  them  to  be  proclaimed  Rebels,  and  guilty  of  high  Treafon,  and  to  have 
 ,  forfeited  body  and  g,ood$,  thatprefcntcd  the  faid  Petition.   And  moreover  (think- 
 ing himfcifc  to  be  fully  aflured  of  the  Countrcy,  by  the  Forces  ofthe  Duke  of  Alva, 
 ,  and  to  have  reduced  them  under  his  full  power  and  fubic&ion)  he  had  afterwards, 
 againl?  the  La  wes  of  Nations,  (the  which  have  been  in  all  ages  inviolably  obferved  ' 
 9  yea  among  the  molt  barbarous  and  criicll  Nations,  and  molt  tyrannous  Princes^ 
 ,iraprifoned,  andcaufedthe  faidNoblemcnEmbaiTadorstobeputto  death,  c#nfifca- 
 ,  ting  all  their  gooc  s .  And  although  that  all  this  altcration(which  had  hapned  in  the 
 ,  yeare  1 566.  uponthe  forefaidoccafion)  was  in  a  manner  pacified  by  the  Regent  and 
 ,  her  counccJl,and  that  thegrcateft  part  of  them  which  had  prefented  themfclvcs  un- 
 ,  to  her  for  the  Liberty  of  thcCountrey,  were  retired,  or  chafed  away,  and  the  reft 
 ,  brought  under  obedience  :  yet  not  to  lofcthe  opportunity  which  thcCouncell  of 
 ,  Spain  had  long  c-vpccled  fas  it  appeared  plainly  the  fame  ycerc  i$66.  by  Letters  in- 
 tercepted, which  were  written  by  tlKEmbaffadorAlana  to  the  Duchcfo 
 to  have  meanes  under  fomc  pretext  to  overthrow  all  the  privilcdgcs  of  the  Country,   ^ 
 ,  andtogo.  ernthem  tyrannoufly  by  the  Spaniards(as  they  didtnc  Indies  and  other     ^ 
 
 Countries  which  had  been  newly  cc  q  icrcd  by  them)  heby  the  advice  and  council 
 ,  of  the  faid  Spaniards  (mewing  therein  t'uc  fmall  afte&ion  which  he  bare  unto  his 
 ,Subiefts of thefc  countries,  contrary  unto  that  whereunto  he  was  bound,  as  their 
 ,Prince,  protector  and  good  Shcpheard)  lent  into  thefe  countries  the  Duke  of  AIv., 
 ,  very  famous  for  bis  rigour  and  cruclcy,  and  one  ofthechicfc  enemies  of  thefe  coun- 
 tries, witha  counceilot  the  fame  Humour  and  difpefijon.  And  although  that  the 
 faid  Duke  of  Alva  cntrcd  with  his  Army  into  this  countrcy,  without  any  lec 
 ,or  oppolit  en,  and  was  received  of  the  poorc  Inhabitants  with  all  reverence  and 
 ,Honour,  expecting  all  mildnclTc  and  elemencie,  according  unto  that  which  the  King 
 ,  had  fo  often  profiled  by  His  Letters  faincdly  written  $  y  ca,  that  He  was  xcfolved  to 
 
 Zz  2  ,comc 
 
1 8o  The  SoJteraignt  power  of  Parliaments  and  Kingdoms. 
 
 ,come  himfelfe  in  perfon  into  the  Countrey,  and  to  order  all  things  to  every  mans 
 ,  content  \  the  faid  King  having  befides  all  this(at  the  very  inftant  of  the  Duke  of  Alva 
 ,his  departure)  caufed  a  fleet  of  fhips  to  be  armed  in  Sptwe,  to  bring  him  hither , 
 ,  and  another  in  Zeeland  to  goe  and  meet  him  (as  the  bruite  was)  to  the  great  charge 
 ,ofche  Countrey,  the  better  to  abufe  his  poore  fubje&s,  and  to  draw  them  more  ea- 
 ,fily  into  his  fnarcs  :  notwithstanding,  the  faid  Duke  of  Alva  prcfently  after  his 
 ,  arrivall  ^although  he  were  a  Granger ,  and  not  any  way  of  the  blood  Royall)  gave 
 ,itout,  that  hee  had  a  Commiffion  from  the  King  ,  of  Govcrnour  Gcnerall  of 
 ,the  Countrey  ,  the  which  was  quite  contrary  to  the  priviledges  and  antient 
 ,  Cuitomes thereof :  anddifcovcringhis  defigncs  plainly ,  hefuddenly  putgarrifons 
 ,  into  the  chiefc  Townes  and  Forts  of  the  Countrey ,  and  then  he  built  Citadels  in  the 
 a  richeft  and  flrongeft  Townes,  to  keep  them  in  fubjec~tion.  And  bycommandement 
 jfrom  the  King  (as  they  faidj  he  friendly  called  unto  him,  as  well  by  lcttcrs,or  other- 
 ,  wile,  the  chicfe  Noblemen  of  the  Countrey,  pretending,  that  he  had  need  of  their 
 ,councellar.d  aflTiftance/ortheferviceoftheKing,  and  the  gocd  of  the  Countrey  : 
 ,who  ( having  given  credit  to  his  letters)  were  come  unto  him,  whom,contrary  to  the 
 3  priviledges,  hee  caufed  to  bee  carried  prifoners  out  of  Brabant,  where  they  had  been 
 apprehended,  caufing  their  proceffe  to]  bee  informed  before  him  and  hisCouncell 
 ^  (although  they  were  no  competent  Iudgcs ;)  and  before  any  due  proofes  were  made, 
 ,and  the  Noblemen  that  were  accu  fed,  fully  heard  in  their  defences ,  they  were  con* 
 9  demned  to  have  committed  Rebellion,  caufing  themtobepublikcly  and  ignomi- 
 ,oufly  put  to  death.  Others,  who  for  that  they  were  better  acquainted  with  the  Spa- 
 ,  niards  diiTcmbling,were  retired  andkept  out  of  the  Countrey,  were  declared  Rebels, 
 /and  guilty  of  high  trcafon,and  to  have  forfeited  bodies  and  goods :  All  which  was 
 s  done,to  the  end  the  poor  inhabitants  fhould  not  aide  themfelves  in  thejuft  defence  of 
 9  their  liberty,  againft  thcoppretTion  of  the  Spaniards  and  their  forces,  by  the  help  and 
 ^iTiftancc  of  thefe  Noblemen,  &  Princes.Befides,an  infinite  number  of  Gentlemen  & 
 a  rich  bourgers,  whereof  fome  he  hath  put  to  death,  others  hehath  chafed  away  &  for- 
 5  feitcd  their  goods,oppreiTmg  the  reft  of  the  good  inhabitants^  well  by  the  inlblence 
 ^  of  the  fou!dicrs,as  by  other  outrages  in  their  wives,  children,and  goods;  asalfo  by  di- 
 9  vers  exactions  and  taxes,  forcing  them  to  contribute  for  the  building  of  new  Citadels 
 j.and  fortifications  of  towns,  which  he  made  to  oppreffethem,  &  alfo  to  pay  the  hun- 
 ^dreth  and  the  twintieth  peny,  for  the  payment  offouldiers,wheroffome  were  brought 
 ^  by  him,  and  others  newly  levied,  to  employ  them  againft  their  Countrey  men,  and 
 ,  themfelves,  who  with  the  ha2ard  of  their  lives  fought  to  defend  the  liberties  of  their 
 ,  Countrey  :  to  the  end  that  the  fubje&s  being  thus  impoverished,  there  Should  be  no 
 ,  meanes  to  fruftrate  his  defigncs,  for  the  better  effecting  of  the  instructions  which  had 
 ^been  given  him  in  Spain:  which  was,  toufc  the  Countrey  as  newly  conquered.  To 
 ,  which  cnd,in  Some  places  and  chiefe  Townes,  he  changed  their  forme  of  government, 
 >and  of  jufiice,and  erected  "new  Confuls  after  theSpanifh  manner,direc1jy  contrary 
 , to  thcpriviledgcsofthc  Countrey.  And  in  the  end  ^thinking  himfelfe  free  from  all 
 ,  fcare)  he  foaght  to  bring  in  by  force  a  certaine  imposition  of  the  tenth  peny,  upon  all 
 5marchandife  and  handi-works,  to  the  abfolute  ruineofthc  Commons,  whofe 
 igood  and  prosperity  eonfifts  chiefly  in  trafrique  and  handi- works  ;  notwith- 
 ,  landing  naany  admonitions  and  perfwafions  made  to  thecontrary,as  well  by  every 
 *€>ne  of  the  ^Provinces  in  particular,  as  by  all  in  general!*  The  which  he  had  cffc&ed 
 
The  Sovereign  ToVtr  of  Parliaments  and  [\in»dom?.  l8l 
 
 ,by  force,  if  it  had  not  bcene  that  foon  after  by  the  means  ofthe  Prince  of  Orange, 
 /and  a  good  number  of  Gentlemen,  and  others  borne  in  thefc  Countries  )  banifh- 
 ,edbythcDukeofAlva  ,  following  the  party  ofthe  laid  Prince, and  being  for  the 
 ,  moft  partinhis  fervice,  and  other  inhabitants  affccled  to  the  libcrtie  of  their  Coun- 
 ,trcy,  the  Provinces  of  Holland  and  Zccland  had  not  revoked,  and  put  thcmfelves 
 ,underthePrincesprote&ion.  Againftwhich  tvvoProvinces  the  Duke  hath  fince 
 ,  during  his  Government,and  after  him  the  great  Commander  of  Gaftilc  (fentinhis 
 ,  place  by  the  King,  not  to  moderate  any  thing  ofhis/Vedeceilbrs  Tyrannic  butto 
 ,  purfue  it  more  covertly  and  cunningly  than  he  had  done  )  forced  thofe  faid  Provin- 
 ces, who  by  their  Garrifons  and  Citadels,  were  madcfubjecl  tothcSpanifh  Yoke, 
 ,toimp!oy  their  perfons  and  meanes  tohclpe  tofubduethem  :  yet  no  wayes  fifing 
 ,  the  laid  -Provinces ,  but  intreating  them  like  enemies ,  fuffcring  the  Spinyards  un- 
 ,dcr  the  colour  ofamutime,  in  view  ofthe  faid  Commander,  to  enter  by  force  in- 
 ,tothcTownof  Antuerpe,  and  there  to  continue  fix  weeks, living  at  difcretion  at  the 
 ,poore  Bourgers  charge;  forcing  them  moreover  f  to  be  freed  from  their  infolen- 
 9c\cs)  to  furnifhfoure  hundred  thoufand  florins,  to  pay  the  faid  Spanyards:  which 
 ,  done,  the  faid  ^ouldiers  (growing  more  bold  through  thefufterancc  of  their  Com- 
 ,  mandcrs  )  prefumed  to  take  Armesagainft  the  Countrey ,  fcek ing  ft rft  to  furprize 
 ,Bruffcls,  andin  the  place  of  the  ancient  and  ordinary  leatc  of  *?rinces,  to  make 
 y  it  a  neftandden  oftheeves.  The  which  not  fucceeding  according  to  their  defigne, 
 ,theytooke  Aloft  by  force,  andfoonc  afterforced  thcTowne  of  Maeftricht*  And 
 ,  fince  being  violently  entred  into  Atituerpc  ,  they  fpoyled  it,  facked  it, and  waited 
 ,  it  with  fire  and  fvvord,  in  fuch  fort,  as  the  moft  barbarous  and  cruell  enemies  could 
 ,  not  have  done  more,  to  theunfpeakabJclofTe,  not  onely  of  the  poore  inhabitants, 
 >  but  in  a  manner  of  all  the  Nations  ofthe  world,  who  had  their  Merchand!(e,dcbt% 
 ,  and  money  there.  And  although  the  faid  Spanyards  by  a  Decree  of  theCouncell 
 ,  ofEftate  (to  whom  the  King  by  the  death  ofthe  great  Commander,  had  conferred 
 ,thegenerall  Government  of  the  Countrey  )  were  in  the  prcfencc  of  'eronimo  dc 
 ,  Rkeda,  proclaimed  enemies  to  the  Countrey:  yet  the  faid  Rboda  ofhis  ownc  pri- 
 vate authority  (or  as  it  is  to  bee  prefumed,  by  vertue  of  fome  fecret  inftruc'ticn 
 ,  which  he  had  from  Spaine)  took  upon  him  to  bethe  head  ofthe  /aid  Spanyards,and 
 ,  their  adherents,  fo  as  without  refpeft  ofthe  Councell  of  Eftatc.heufurped  theknt's 
 ,  Name  and  Authority,  counterfeited  his  Scale ,  and  cai  ried  himfclf  as  a  Governour, 
 ,  and  the  Kings  Lieutenant  in  thefc  Countries.  The  which  moved  thcEftates  atthc 
 ,  fame  inftant  to  agree  with  the  Prince  of  Orange,  and  the  Eft  arcs  of  Hoi  land  ard  Zee- 
 ,land  :  which  accord  was  allowed  by  the  Ccunccll  of  State  (aslavvfull  Governours) 
 ,  thatthcy  might  joyntly  with  their  common  forces  ,make  warrcagainft  the  Spany- 
 ,ards :  Omitting  not  as  goodfubjc&s,  by  divers  humble  petition?,  to  bcfccch  the 
 , King  to  have  regard  unto  the  troubles,  opprcfilcns  and  infolencics  which  had  run- 
 ,  ncd, and  were  like  to  follow:  and  that  hee  would  bee  plcafcd  with  all  convenient 
 ,fpccdpoflibie,tocommand  theSpauyards  to  depart  cut  ofthe  Countrey, ar.defpeci* 
 ,  ally  thofe  which  had  been  thecaufc  ofthe  fack  and  ru<ne  ofthe  chie'e  Towns  c  f  h:s 
 , Countrey, aiKl  other  innumerable  infelcncrs  and  violences  which  his  poore  fubjeds 
 ,had  endured,  to  the  comfort  and  eafeofthem  which  had  endured  them  ,  and  to  the 
 ^example  of  all  others:  yet  notwithstanding  ;  the  King  (although  that  he  made  fl.cw 
 >by  words^thax  what  had  hapned,  difplcafed  him,  and  was  againil  his  wili,  and 
 
 Z-l  $  that 
 
l82 
 
 The  S  over  aigne  Power  of  Parliaments  and  Kingdoms. 
 
 ,  that  he  had  an  intent  to  punifh  the  heads  and  authors ,  and  to  provide  for  the  quiet 
 ,  of  the  Countrcy  with  all  clemency,  as  it  behoved  a  mereifull  Prince  )  hath  not  one- 
 9  ly  neglcdtwd  to  punifli  the  faid  Heads  and  Authors :  but  contrariwift,  fas  it  appear- 
 ,  cth)  all  was  with  his  content  and  former  refolution  of  the  councelJ  of  Spain,  as  cer. 
 3tain  letters  of  his,  intercepted  fbon  after,  doplainly  (hew  :  by  the  which  it  was 
 ,  written  unto  Rhoda ,  and  to  the  other  Captains,  authors  of  all  the  mifchicfc,  That 
 ,  the  King  did  not  blame  that  action,  but  did  allow  thereof,  and  commend  ir ,    pro- 
 'rnifingtorccompencethem,  efpecially  the  faid  Rhoda,zs  having  done  him  a  fingu. 
 ,larfervice:  The  which,  at  bis  return  intoSpaine,  and  to  all  other  minifters  of  the 
 ,  oppreflions  that  wcreufed  in  thefc  Countries,  he  did  (hew  by  effect.     At  the  fame 
 ,  time,  the  King  thinking  the  better  to  blinde  the  eyes  of  his  fubjefts,(ent  into  theft 
 yCountiicsforGovernour  Generall,  Don  Iohn  of  Auftria,  his  baft  brother,  a9 
 /being  of  his  blood :  who  (making  (hew  unto  the  Eftates ,  that  he  did  allow  of  the 
 ,  Pacification  of  Gant,  promifed  to  fend  away  theSpanyards,  topuni(h  the  authors 
 ,ofallinfolencies  anddilbrders  which  hadhapned  inthcCountrey,  and  to  take  an 
 ,  order  for  the  generall  peace,  and  the  reftoring  of  their  ancient  liberties  )  (ought  to 
 ,  divide  the  Eftates,  and  to  fubdue  one  Countrey  after  another.   By  the  perraiffion 
 ,and  providence  of  God,  who  is  an  enemy  to  all  opprcflion ,  he  was  diftovercd  by 
 ,  the  intercepting  of  certain  letters,  wbere  he  was  commanded  by  the  King  to  govern 
 bim«fclfin  thefc  Countries,  according  to  the  Inflations  that  (hould  be  given  hnn 
 'by  Rhoda  :  and  to  cover  this  practice ,  the  King  had  forbidden  Don  John  to  fpeake 
 3  with  him,  commanding  him  to  carry  himfelfe  unto  the  chiefe  Noblemen  with  all 
 ^mildenefleandcourtefie,  to  winne  their  loves,  untiilthat  by  their  afllftance  and 
 s  meanes,  he  might  reduce  Holland  and  Zceland,  and  afterwards  work  his  willof  the 
 other  Provinces.Whercupon  'Don  Iohn,  notwithfianding  that  he  had  folmnJy  fwora 
 *  in  the  prcftnceofall  the  Eftates  of  the  Countrey,  to  obfervc  the  faid  Pacification  of 
 Gant,  yetcontrary  thereunto  he  fought  by  meanesof  their  Colonels  (whom  he  had 
 already  at  his  devotion)  and  great  promifts,  to  winne  the  Germane  fouldierswho 
 were  then  in  Garrifon,  and  had  the  guard  of  the  chiefe  Townes  and  Forts  of  the 
 Countrey,  whereof  by  that  meanes  he  made  himfelfe  matter,  holding  himfelfe  allu- 
 red ofthofe  places  they  held,  and  foby  that  meanes  to  force  them  that  would  not 
 joyne  with  him  ,  to  make  warreagainft  thePrincc  of  Orange,  and  them  of  Hol- 
 land and  Zeeland  ,  and  fotoraifeamorcboody  and  intcftine  warre,  than  had  been 
 before.    But  as  all  things  that  are  treated  cunningly  and  with  difllmulation,  can- 
 not be  long  kept  feexct  ,*D  on  lohns  praftifes  being  discovered,  before  hee  could  effect 
 what  he  had  defigncd,  hee  could  not  bring  his  conceptions  and  enrerprifes  to  the 
 end  that  he  pretended  :  Yet  he  revived  a  new  warre,  the  wh;eh  continues  unto  this 
 day,  in  ftead  of  reft  and  an  afTured  peace,  whereof  hee  did  Co  much  vaunt  at  his' 
 coming.     Which  reafons  have  given  usgreatoccafionto  for  fake  the  King  of  Spain, 
 and  to  ftekc  fome  other  mighty  and  mereifull  Prince ,  to  helpe  tc  defend  theft  Coun- 
 tries, and  to  take  them  into  his  protection  :  and  the  rather  for  that  theft  Coun- 
 tries have  endured  fuch  oppreflions,  received  fuch  wrongs,  and  have  been  forfa- 
 keoand  abandoned  by  their  Prince  for  the  (pace  of  twenty  years  and  more;  du- 
 duringthe  which  the  Inhabitants  have  beene  intreatcd  not  as  fubje&s,  but  as  ene- 
 mies, their  naturall  PrinceandLord  fecking  toruine  them  by  armes.    Moreover* 
 after  the  death  of  Don  Iohn  9  having  ftnt  the  Baron  of  Selles,  T?ho  (under  colour 
 
 of 
 
The  SoveraignT  over  of  Par  lien         \nd  Kingdoms.  I&J 
 
 propounding  fomc  meanes  of  an  accord)  declared  fufficfcntly,  That  the  king 
 would  not  avow  the  Pacification  made  a  Gant  (  which  'Don  Ul.n  not  with- 
 standing had  fworne  to  maintaine)  fitting  downc  more  hard  condition!*  Yet 
 for  that  we  would  difcharge  our  (elves  of  our  duties,  wee  have  not  omitted  to 
 male  humble  fuitc  by  writing ,  imploying  moreover  the  favour  ofthe  greatcft 
 Princes  of  Chriftendome,  faking  by  all  meanes  without  intermiflion,  to  re- 
 concile our  fclvcs  unto  the  King;  having  alfo  of  late  kept  our  deputies  long  a: 
 Cologne,  hoping  there  (by  theinterceffion  ofhis  impcr.all  Majrltic  ,  and  :ome 
 Princes  Electors )  tohavc  obtained  an  afluredpeace,  with  fomc  moderate  tollc- 
 rationot  Religion  ( the  which  doth  chiefly  concerne  God  and  mens  conferences^ 
 as  the  eftatcofthe  affairs  ofthe  Councrcy  did  then  require  :  Bucin  the  end  we 
 found  it  by  experience  ,  that  nothing  was  to  be  obtained  from  the  King  ,  by  the 
 Conference  at  Cologne:  and  that  it  was  pra&ifcd  and  didonely  fcrvcto  difunitc 
 and  divide  the  Provinces  ,  that  they  mighc  with  the  more  facility  vanquifh  and 
 fubduefirftone,  and  then  anothcr,and  execute  upon  them  their  firH  defignes.  The 
 which  hath  fince  plainly  appeared,  by  a  certain  prefcription,  which  the  King  hath 
 caufed  to  be  published,  whereby  we  and  all  the  Inhabitants  of  the  united  Provin- 
 ces, and  Officers  that  hold  their  partie,areproclaimed  Rebels,  and  to  have  forfeit- 
 ed lives  and  goods:  Pi  omifing  moreover,  a  great  fummeof  money  to  him  that 
 fhould  murther  the  faid  Prince ,  and  all  to  make  the  poore  Inhabitants  odious ,  to 
 hindertheir  Navigation  and  Traffique,  and  to  bring  them  intocxtrcmc  defpairc.  So 
 asdcfpairingofall  meanes  of  reconciliation,  and  dcititutcof  all  other  fuccours  and 
 aydc  we  have  according  to  the  Law  of  nature(for  the  defence  of  us  and  other  Inha- 
 bitants, the  Rights, priviledges,  ancient  cuftomes,  and  libertic  of  the  Countrey, 
 and  the  lives  and  honours  of  us ,  our  wives,  children,  and  pofterity,  to  the  end 
 they  fall  not  into  the  flavery  ofthe  Spanyards ,  leaving  upon  jufl  caufe  theKingof 
 Spaine)  beene forced  to feeke out  fome other  meanes,  fuch  as  for  the  greater  la  lay 
 andprefcrvationof  ourRight8,PriYilcdgcs,  and  liberties,  we  have  thought  moll  fit 
 and  convenient. 
 
 We  therefore  give  all  men  to  under/land, That  having  duely  conh*dercd,all  thefe 
 things,  and  being  preft  by  extreme  nccefirtie,  We  have  by  a  generallrefolutionand 
 confent ,  declared  ,  and  doc  declare  by  thefe  prefents ,  the  King  of  Spaine  ,  //>- 
 fi  jure,  to  befallen  from  the  Seigniory,  Principaluie,  jurifdidion,  and  inheri- 
 tance of  thefe  Countries  :  And  that  we  are  rcfolved ,  never  to  acknowledge  bim 
 anymore,  in  any  matter  concerning  the  Prince,  jurifdiifticns  or  demeanes  ot 
 thefe  Netherlands,  nor  to  ufc  hereafter,  neither  yet  to  fufter  any  other  to  ufc  his 
 Name  as  SoveraigneLord  thereof.  According  to  the  which  we  declare  all  Offi- 
 cers, private  Noblemen,  VafTcis,  and  other  inhabitants  of  thefe  Countries ,  of 
 what  condition  or  qualitic  focver  ,  to  be  from  henceforth  dilcharged  ofthe  Gatii 
 which  they  have  made  in  any  manner  whatfoevtr, unto  the  Kingot !  painc  II  L 
 of  thefe  countries,or  of  that  wherby  they  may  be  tound  unto  him. And  tor  the  aboYC" 
 namedreafons.themoft  partof  the  l'aid  united  Province?,  by  a  common  accord  and 
 confent  of  their  Members,havefubmi  tedrhemfclves  under  the  command  ^govern- 
 ment of  thehigh  and  mighty  Trincc.ihe  Duke  of  Aniou  and  Alaniun.&c.  upon  cer- 
 w  tain  conditions  contracted  and  accorded  with  his  Highnaflc:  and  (hat 
 3  of  Auftria,  Mfithias,  hath  icfigncd  into  our  hand*  the  gcuni.cr.t  general!  ot theic 
 
 Goum; 
 
ThcSoveraigne  Power  of  Parliaments  and  Kingdoms. 
 
 Countries,  the  which  hath  been  accepted  by  us.  Wcenyoyn  and  command  all  Iud- 
 ,  ccs,  Officers,  and  all  others,  to  whom  k  (hall  appertain,That  hereafter  they  forbeare 
 '  to  ufe  any  more,  the  name  pities,  great  feal,  or  fignct  of  the  K.  of  Spain  :  and  inftead 
 ,  thcrof,  whilft  that  the  Duke  of  An]ouy  for  his  urgent  affaires,  concerning  the  good 
 ,  and  welfare  of  the  Country  ,(hallbe  yet  abfent,for  as  much  as  (hail  concern  the  Pro- 
 ,  vinces  which  have  contracted  with  his  Higbnefle,  and  touching  the  reft  by  way  of 
 ,  provifion,  they  (lull  ufe  thetkle  and  name  of  the  chiefc  and  Counfell  of  the  Gcun- 
 \  try.  And  untill  that  the  faid  heads  and  CoanfeIlors,(halI  be  named,  called,and  really 
 cftablifhed  in  the  e#ercife  of  their  charges,  and  offices,  they  fhall  ufe  our  name/  ex- 
 cept Holland  and  Zeeland,  where  they  (hall  ufe  as  they  have  formerly  done,the  name 
 ,  of  the  Prince  of  Orange,  and  of  the  Eftatcs  of  the  faid  Provinces,  untill  that  the  faid 
 ,Councell  (hall  be  in  force,  and  then  they  (hall  govern  thcmfelves  as  it  is  agreed,tou- 
 ,ching  the  inftruftions  given  for  the  laid  Counfell,  and  the  accords  made  with  his 
 Highncffe.  And  inftead  of  the  Kings  fcalcs,  they  (hall  hereafter  ufe  our  Great  Scale, 
 ^counter  Seale,  and  Signet,  in  matters  concerning  the  government  generaJl,  for  the 
 ,  which  the  Councellot  the  Country,  according  to  their  inftru&ions  (hall  have  au- 
 thority. And  in  matters  concerning  the  policie,  adminiftrationof  Iuftice,  and  other 
 private  afts  of  every  Province,  the  Provincial!  Councels and  others,  (hail  refpe&ivc- 
 ,  ly  ufe  the  name  and  Scale  of  the  faid  Province,  where  the  matter  fhall  be  in  quefti- 
 ,  on,  and  no  other,  upon  pain  of  nullity  of  the  faid  Letters,  or  Difpatchcs  which  (hall 
 ,  be  othcrw'ife  made  or  fealed.  And  to  the  end  thefe  things  may  bee  the  better  ob- 
 ,  ferved  and  effected,  wehaveenjoyned  and  commanded ,  and  do  enjoyn  and  com- 
 mand by  thefe  prefents, That  all  the  King  of  Spaines  Scales,  which  arcatthisprefent 
 ,  within  thefe  united  Provinces,  (hall  be  dilivered  into  the  States  hands,  or  to  him 
 ,  that  (hall  have  commiffion  and  authority  from  them,  upon  pain  ofarbitrary  puniih- 
 ,  ment,  Moreover  We  ordain  and  command,  that  from  henceforth  the  name  and 
 ,armcs  of  the  King  of  Spain,  (hall  not  be  pat  nor  ftampt  in  any  coynes  of  thefe  united 
 ^Provinces :  but  there  (hall  be  fuch  a  figure  fet  upon  them,  as  (hall  be  appointed  for 
 ,  the  coyningof  new  peeces  of  Gold  and  Silver.  In  the  like  fort  we  enjoyn  and  com- 
 mand theprefident  and  Lords  of  the  privicCounccl, and  all  other  Chancellors, pr^^^ 
 ,  fidents,  Provinciall  (£onfuls,  and  all  Frefidents  and  chiefe  Maftersof  accounts,  and 
 ,  others  of  all  chambers  of  accoun  ts,  being  refpecl  ively  in  thefe  countries,  and  alfo  all 
 3  other  Iudges,and  Officers  (as  holding  them  difcharged  of  tne  oath  which  they  have 
 3  made  unto  the  Kingof  Spain,according  to  th-  tenor  of  their  Commiflions^hat  they 
 ,  fhall  take  a  new  oath  in  the  hands  of  the  Eftatcs  of  the  Piovince  where  they  are,  or  to 
 , their  Deputies,  by  the  which  they  (hall  fwear  to  be  faithfull  to  us  againft  the  King  of 
 ,  Spain,  and  his  adherents,  according  to  the  form  fee  down  by  us .-  and  there  (hall  be. 
 ,  given  to  the  faid  Councilors,  Maftcrs  of  accounts,  Iudges  and  Officers,  remaining 
 •y  in  the  Provinces  which  have  contracted  with  the  Duke  of  Anjou,  in  our  name,  an 
 ,  a6t  of  continuance  in  their  Offices, containing  in  ftcad  ofa  new  commifiion,  a  cefla- 
 j  tion  or  difannullingoftheir  former3and  that  by  way  ofprovi(lon,untill  his  comming* 
 ,  AhdtoCouncellors,  Maftersof  accounts,  Iudgcs,  and  Officers,  being  refident  in 
 ,  Provinces,  which  have  not  contracted  with  his  HighncfTe,  a  new  Com  million  (hall 
 ,  be  given  under  our  name  and  Sealc,  if  the  petitioners  were  not  found  faulty,  to  be  of 
 9  bad  behaviour,  to  have*done  againft  the  privileges  of  the  Gountrey,  or  to  have 
 ^committed  fome  other  difordcr* 
 
 We 
 
J  be  Soteraign  power  oj  Parliaments  and  I\tn£domw.  ' 
 
 ,Wc  alfo  command  the  Prefident  and  them  ofthepri  vie  Councell,  the  Chanccllour 
 
 ^ndCounccllofBrabancthcGovcrnou^Chancellciir.andCounccIIofGuciMrcf.and 
 ^  the  GouiitieofZutphcn,  the  Prefident  and  councell  in  Handers,  the  Prefident  and 
 , counccll  in  Holland, the  Govcrnour,  Prefident  and  Councell  in  I  rifeland,  the  Pre- 
 ,  fidentand  Councell  at  Vcrichr, the  BaylifTat  Tournay  and  Tourncfis,tr:c  Rcccivors 
 ,orchicfc  Officer  of  Bcoofterchcldt  and  BewcftcrfchcldcZecIand,  thereout  of  Mack- 
 ,  lyn,and  all  other  Iudges  and  Officers  whom  it  fliall  conccrne,thcir  Lieurenants  ,and 
 ,  every  of  themJprefcntly  without .any  delay  ,  topubJifli  thisour  Decree  in  all  places 
 ,ofthcirjurifdictions, and  whercibever  they  are  accu/romed  to  make.prcclamations, 
 ,  to  the  end  that  no  man  may  pretend  any  caufe  of  ignorance:  And  that  they  may 
 ,  keep  and  obfcrve>and  caufe  to  be  kept  and  obferved  inviolably  this  our  Decree,  with- 
 ,  out  any  favour,  fupport,  or  diffimulation  ;  for  wee  have  fo  thought  it  fit  and  cenve- 
 ,  nient  for  the  good  of  the  Countrcy.  For  the  effecting  whereof,  we  give  to  every  one 
 jwhomitfhallconcerne,  full  power  and  authority,  and  fpeciall  Gommiffion.  In 
 ,  witneffe  whereof,  we  have  caufed  our  feale  to  be  hereunto  annexed.Given  at  the  Hag* 
 ,  in  our  aflembly  the  26  of  July  1581  .Vndcrneach  was  written,  By  the  ordinance  and 
 ,  decree  of  the  faid  Eftates,  and  figncd  /.  TanAtfdiers. 
 
 ,  According  unto  this  declaration  of  the  Eftates ,  there  was  a  new  forme  of  1  n 
 ,  Oath  drawn,  in  manner  of  an  abjuration  of  the  King  of  Spaine  ,  and  pio- 
 ,  mifc  of  duty  and  obedience  which  every  one  fliould  owe  unco  the  faid  Eltatcs, 
 ,  by  the  publikc  Officers,  and  Magistrates  of  every  Town  and  Province,  as  fol- 
 ,  lowcth* 
 
 ,1  fweare,  That  hereafter  I  fliall  notferve  nor yecld obedience  to  PkttipK\rgof  rherormc  of 
 ySp*meynor  acknowledge  him  for  my  Prince  and  Lord,  whom  Idoe  rcnowncc  by  tl 
 ,thefcprefents  ,  and  doc  hold  my  fclfe  freed  from  1 11  Oaths,  and  bonds,  by  the  which  juration 
 ,  I  might  bee  formerly  tyed  unto  him  .-whereof  finding  my  fclfe  pi  efently  delivered  K 
 s  I  fweare  anew  and  binde  my  lei  fc  to  the  united  Provinces,  and  namely,  to  them  of 
 ,Brabanc,Gueldre,  Holland.  Zecland  ,  and  their  allies  ,  and  to  the  foveraignMagi. 
 j  ftrates  that   arc  appointed ,  to   bee   faithfull  and  loyall  unto  them ,  <  to  yeeld 
 ,thcm  all  obedience,  aide,  and  comfort,  with  all  my  power  and  meanes,  againft 
 ,  the  King  of  Spainc  and  his  adherents,  and  againft  all  the  enemies  of  the  Goun- 
 ,  trey.  Promising  as   a  good  vaiTall  of  the  Countrcy,    to  carry  my  felf  faith- 
 fully and  loyally,  with  fliew  of  all  obedience  to  myfupcriorsj  So  help  metheAl* 
 ,  mighty  God. 
 
 ,This  decree  being  thus  proclaimed,all  the  leales,countcr-feaIs,  and  fecret  fignets  of 
 \  the  King  of  Spainc,  were  broken  and  cancelled  with  fblcmnity ,  by  all  theconfulsof 
 ,  the  faid  Provinces,  and  others  new  made,  byjardcrof  thcgcnerallEftatcs,  f©r  that 
 3  which  concerned  the  G©vernment,and  the  affaires  of  thcgenerality.  And  as  for  mat- 
 ,  ters  of  juftice  and  policie,  they  ufed  the  fcales,  namcs,and  titles  of  private  govcrnours, 
 ,  and  Provinciall  confuls.From  that  time  there  was  no  coy nes  ofgoId3filvcr,or  copper 
 ,madewiththc  name  or  titles  of  the  King  of  Spatney  but  upon  (tamps  which  theE- 
 ,  ftatcs  had  caufed  to  be  made  in  every  Povince.  All  govcrnours,fupcrintcndcnts,  Pre- 
 ,(idents  ,  Chanccllours,  Councellours,  and  others  Officers,  were  difcharged  and 
 ,abfolved  from  their  precedent  oathes,  and  did  fweare  fidelity  to  the  gencrall 
 jEftates,  againft  the  King  offy*/»*and  his  adherents,  according  to  the  forme  above 
 3  mentioned,  to  whom  an  ail  was  lent  for  the  continuation  of  the  Commiffions. 
 
 A  a  a  Nimbly, 
 
%6  The  Stftefalgne power  cf  Parliaments  and  Kingdoms. 
 
 Obfirv.  i  .       Naithly,  it  is  cvider.t  fifcm  the  premifes ;   That  if  Emperonrs  and  Kings  JhaH  dege- 
 nerate into  Tyrants    Violate  their  Oathes  and  Covenants  made  unto  the  people ,  invade 
 their  LaiveS)  Liberties  \erfonswith armed vioUhce9andin^eadofprotecling^makewarre 
 Upon  them ;  that  the  Nobles,  Magi  fir  at  es  y£fiates,  Parliaments  and  people  infuch  cafes  t 
 ■may  without  any  guilt  of  Treafon,  Rebellion,  Sedition,  not  only  difobey ,  but  Lawfully  refifi 
 them  with  force  of  Artnes,  both  in  point  of  Law  e  &  confeience \  &  are  obliged  under  paine 
 of  treachery  arid  perfidtoufnejfe  to  their  Couvtreyjhus  to  refifi;  andin  cafes  of  incorrigibi- 
 ♦  Dt  jure  Ma-  Utyfor  the  pub  like  weale,andprefervation:  may  jufily  if  they  fee  it  necefftry,  depofe  them 
 ittts  in  fab.  from  their  Roy  all  Dignities  as  Enemies  ^  or  Traitors  to  their  Kingdoms  and  people,*!  he 
 d;to. Pj*/3*2;4  reafon  is,    Becaufe  no  Kingdeme  or  Nation  under  Heaven,  ever  elecled  or  voluntarily 
 \htsde  foe  he)  [Emitted  themfelvesnKto  any  Emperwr or  King  whatfever  (for  o«ght  can  be  proved  or 
 h.M  Flf^h  imagined)  but  upon  this  tacit  condition  ;  that  they  fbould  jufily  goveme,  defend  and pro- 
 tect them  for  their  good ,  not  tyrraniz>e  ever,  pit lage  t   murther,  oppreffe  ,  or  make  warre 
 upon  them  at  their  pleafures,  contrary  to  the  Lawes  ofGod.naturepatio^s^Noryet  actually 
 oblige  dthemf elves  under  paine  of 7 reafon  >Rebellion, death ,  or  damnation  pot forcilly  to  re- 
 obfift  or  deprive  their  Trinces  in  any  wife  .though  they  with  open  violence fbould  fit  them* 
 felves  to  fibvert  their  Religion,  Lawes,  Liberties  >  and  Republtke  :  to  which  unreafo- 
 nable  condition,  no  l^atian  certainty  would  have  confented ,  had  it  been  propounded  t9 
 them  by  their  Kings  atfirfi^as  Grctius  well  obferves.  Tnis  point  of  greater*  difficulty 
 and  concermcnt,i  have  largely  debated  and  confirmed  already,in  the  third  part  of  this 
 Biicoiirfe,  where  ail  contrary  Objections  againit  it,  are  refuted  ;  Yec  becaufe  ic  it\li 
 ieemes  a  Jed  incus  unchriftian  Paradox  to  many  Mniignants  and  RoyallHrs,!  fhaii 
 ratifie  it  vvkh  fuch  newAuchori  ies^of  all  forts,v/hich  may  happily  con  Yince,ifiiot 
 convert  them,  from  their  inveterate  wilful!  erro?. 
 
 Myfirft  Authority  of  this  kintie,  is  thatpaffageof50£0W0tf  (  ?n  ancient  Ecdefia- 
 fiicall  H\[\ox\zv)Ecclef.Hifit  1. 6*ch.%.  recited  and  approved  by  tyjceplwrus  Callifw 
 Ecclefhifi.L  i  Q*ch.  34.  where  he  thus  writes  of  the  death  of Julian  the  Smperor[y^\\Q 
 turned  both  a  Tyrant,  Apofiate ,  and  T  erf  cuter  of  the  ChriHians  J  reputed  tobc 
 fhincby  a  Cbriilian  Souldier  of  his  own  Army,  for  his  Tyranny  and  impiety, 
 Whe>  cas  JLibanius  writes  in  this  manner ;  Hee  fames  to  fay,  that  the  flayer  0/ Juli- 
 an the  tranfgreffor  was  aChrtfiian ,  which  per  adventure  was  true \  T^either  is  it  incre» 
 d:ble}t hat  fame  one  of  the  Souldier  s  who  marched  indtr  his  colours  had  eonfideredthefe 
 things  thvsin  his  mnde:  7 hat  not only the  Heathens ,  but  liktwtfe  ALL  O  7  HERS 
 are  wont  to  applaud  thofe  even  unto  our  .Age,  who  flew  Tyrants  heretofore,  as  thofe 
 whofiJ'  the  liberty  of  til,  feared  net  tc  undergoe  the  dargcr  of  death  .  and  li\ewife 
 for  the  fifeiy  of  their  £itiz.eps.  Kindred  and  friends  9r,  -hh  willing  minds, ;  And  verily  hee 
 C^NHfiV  rVELL  BE  RSPRSHSNDED  BY  ANY  M TAN \efpeciaUy 
 fince  heejhouldjhew  him  fife  fo  valiant  and  ft  renuom  FOR  GOD  A  ?{^D  that 
 i  'ifji'if^  RELICjlO  N which  hee  did approve ,  &c.  However  it  is  certaine  that  he  was  taken  away 
 ■  :).  by  Gods  divine- judgement .  *  Nscephcrus  addes  ,    that  his  death  was  pre  dieted  by  the 
 
 Clrnfiians,  and  that,  his  death  W  AS    ^ACCEPTABLE   *y*N D     PLSSANT 
 .70     ALL    CHRISTIANS,  efpecially  to  thofe  of  Anticch,U<HO  FOR    THIS 
 B.lS     MVRTHSR,     l^SirT'SD    A    PVBLlKR  TRiFMTH , 
 Wherein,  they   alfo  reproached  Maximus  the  P hilcfopher ,  finging  thus  ,  H  here  are 
 ■  thy  divtnaiio^s  O  foolifk  iviaxi.mus?'  A  pregnant  evidence,  that  even  the  Primitive 
 ,  Chriiiiaai (on ^hoiq. examples aiid graftivQ cur Aur-goriilUfoniuch defend, thcujgfa 
 
The  SolWMign  Paver  of  Parliaments  ana  \ 
 
 oms. 
 
 ear  neft  importunity.  '\%r'*-  ' !-*"«*** 
 
 TodclccndtolaccrAuthoriticirsJtisthcrcccivcdDoarinccfallPnrifT.OK^f 
 
 liberties,  eftates,  or  religion,  may  both  lawfully  with  good  conference  bee '  lorcibh refill    '' 
 by  their  Subjells ,  and  l^wife  by  the  major  part  of  their  People, Nobles    P  xrlJme  ,  "'l?  *7'  '*  ♦* 
 for  prefervauoyf  the  RepnbUke  ,nd  Religion,  bee  justly  depofed,  and  'put  to  death 
 
 Writers juftly  deny  tf.Thcir  Sz.Thomas  ofjiquin.xn  h,  s  Book  :<Z),AV, ,»,;,,,  TricitL  \ 
 dicatcdtothcKingofC;;r«/)*^^.dctcrmincsthus,  If  it  belong  tothen 
 provide  themfelves  of  a  K  ing  •  the  King  made  by  them  ,  may  not  unjuftly  be  removed  A,    C 
 ftroyed,  or  his  power  reftrawed,  if  he  abaft  the  power  of  the  Rcalme t  r        '  ■  f/.  .  N, 
 ther  u  fuch  a  multitude  to  bee  ejfeemed,  TO     DEALE     D  SLo'y  A    T  V     ,  • 
 DEPOSING      A     TYRANT     ALTHO  V  CH   '  THE  Y H  \D  '  >    - 
 PERPETUALLY     SUBJECTED     THEM^ELVS     To     HIM     PFFhrp 
 BECAUSE     H1MSELFE  HATH    DESERVED     I  T,  in  not 
 faithfully  in  the  government  of  the  people,  as  the  Office  of  a  King  required,  beciu/e 
 herein  he  kept  not  his  Oath  and  Cwetskrit  with  his  jtibntts.  Andlic  further  affirmc- 
 2   "DiHincl.^Art.  ^.qu.z.2t^\  ui^.Dijf.  j4.  7,;.  2.^sm.r.2.r(^  ^ 
 
 22*.  t]uti2.art.2.&  cju^2.2.^.0pfifc.io.L  4.co.  |.   That  in  ev  frey'tH 
 
 are  governed  politicly ;  the  power  of  Kings  and  Emperours  lc  ,  rbed  by  - 
 
 £awes  and  people /That  aTyranmcjlWrince  9  if  bee  invade  hti  Subjet 
 bereft  ft  ed  and \  flame  even  of  private  perfins  in  their  own  nrcefary  defence,  4 
 rence  to  the  publikc  fafety^  but  much  more  by  the  Nobles  and  peoples  "derail  cc 
 zAndthat  the  depofition  or  perturbation  of  the  regiment  of  4  Tyrant  11  i  TH      N 
 7HE    RSASO^omature)oF  SEBlTlO'N%unlefe  ft  be  done  by  private  pert 
 £>r  fo  diforderly  ,    that  a  greater  detriment  f>ould  enjue  ,  B  VT     IT    IS     TH 
 TYRANT     RATHER     WHO    IS     SEDITIOVS.    The  Jarre  Do- 
 ftrinc  is  taught  by  DominicuJ  Soto,  a.  fo/litiaj.*l.q**ft,  \.art.  3.  Lu  na 
 
 T0m4.De  Iuftitia&InreJracl.:J'nf  6- to  ao.DoBiinicus  Bannes,ia.  1X 
 e/*rt.^  I)«*.2.  Pecrus  de  An  *  <ju  64.4^.3  Expltcatio.att.p^A 
 
 Ba  cholnvcTus  Salon  ,   de  ltifiitia  &  Jure  in  2.   lx  Tom.  \.  qu,£4.  art.  t  cont.  1 
 'tag-&S*  Pctru>  dc  Lor"  m  2   2*    D-  Ilom*  7  *ft-  4°.  art.  3  ToJa  . 
 
 out  Specially  Difput.  50.*. 2. <  zorius,  1  difp  5.^.8.  cs 
 
 Francitcus  Vittoiu.    ReUUw  fDe  lure    Belli,   n.  c.  14.   A  piionfus  Salmeroh  t* 
 rap.  1  j.  Epift.  aa\  Rom  DisJ    5     Iran.  Suarci.  in  Defeifone  filei  1.2.  cha' 
 
 '2    &  I.    6.  chap.  4.  througi  -  e    15.  14.  1  5.i6.  loan  Gerfon 
 
 de  Anferiilttate  Tap*  ,  vvhc  avers  (confid.6-     thai  one  v.  \  pc~e 
 
 may  lawfully  bee  bound,  mtf  I  put  to  deal 
 
 thchead  of  theGhurch  a    Papi    sho'v  c  heid  or  thci.  Rcalmc^ 
 
 Diony/ius  Catbufiinut  dt  Regim.'Toi.t .tArac.  1  . .  Wanes/em  2  ifUtx  infmmma  I  <,.c'J 
 
 A  a  a  ^  Leonard** 
 
1 88  The  Soyeraign  pokier  of  Parliaments  and  Kingdoms. 
 
 heonardus  Lejfius de  luftit.  &  Iure,c.  p.  dub.  4.  Tannery,  Tom.  3.  difp.^u.S.dub.^. 
 Emanuel Sa.  tn  ssfphorifm.Vcrb.  Tyrannus,  0.2.  lohannis  Mariana :  T>e  Rege  &  Regis 
 Inftit.l.  1^.5,6,7, Z.tsftvamsTelagius dePlan.  Ecclefl.ix.n.  Simancha  Pacenjtss 
 deC*thol.  inflit.tit.  23.*.  1 i./>.  98.''*.  45. ».  25./U209.  Gregoriede  Valencia  tTom  34 
 p.4.$4.CardinallBcllarmine,dePoxtif.Rom.  /.$.  r.6.7.8.  &  Tratt  de  Tote(l.  Sum. 
 Vontif.adverf.CjuLBarcLp.  97.  lac.  Gretz,ertu  V'haretra  Tertulliana,  &  Vefperttlio 
 Htritico-Voliticus ,  Ludovicns  Richehom.    Expoftulatio  Aplogetica  ,  pro  Societate  Ie- 
 Jiu.Vinccntim  Filiucius  Tra.2$.p*2.difi49pra.<Dec.v.i2.  Man.  Becanus  Anglicana 
 de  Potefiate  Regis  &  ?ontificis,Cafpar.Schoppius.  Alexi  P harmacnm  Regium,&  Col- 
 lyrium  Regmm.    Valentine  Jacob  An.  \^%^%and  IohnTanquerel.Anno.  1561.  whofe 
 opinions  are  recorded  by  Bcchellus  Decreta.Ecclef.  gal.  l.$  .tit,  ^c.6%.  the  Cardi- 
 nal! oiComo  his  Letter  from  Row*,  30.    January ',1584.  to  Do&or  Parrey  tomur. 
 dcr  Queen  Elizabeth;  Francifcusde  Verona Conjtant.in Apolog.pro\o:Qhafielyp%\^^ 
 Bonarfcius  the  Iefuite,  Amphithp.  lol*  Barclay  L  ^adverf.  (Monarch.cM.lm6.  c.2$. 
 &2^.Serariusin  c.  ^Audicum.  Hieronymus  Blanca  Kerum  Aragonenf.Qommentari- 
 »/,  pajpm.  Cajetan:  upon  Aquinas  his  forccited^Summes.   the  Do&ors  of  Safa- 
 mancham  their  Determination,  Anno  1602.  recorded  by  (J.  Blackwell,  qu  Bip.  p.  5^. 
 and  Doctor  John  White  his  Defence  of  the  Way,*;6\/?.l6.  Governado  Chriftiano,p.^ 
 Antonius  U\£affaT  raft. contra  JDucll.n.  78.  79.  Baldus  %.Qonfid.$i$.  Cavarruvias 
 Q^fl.\lluftr.T.2^o%.n.\.l9g^»6tVafquiuscontroMufir%i6.n.i^.\gt2i.\j.nt\. 
 23.20  ».344.»«3. 73.tf.12. 13.5.  72.«7«  and elfewherc  Hemingius  Arnifeus  de  A#- 
 thoritateVrincipum  />.  18.50.77. 80.83.95. 12  2.  Fran.  Hotomani  Franco^ allia}c.6* 
 7.10.13.1$.  18. \g.&e.  To  which  I  might  adde  our  Englifh  Priefts  and  lcfuites,as 
 Doctor  ls{icholas  Saunders,  Vifib  .Monarch  ,pqo*]i%  Doctor  Allen ,Parf on  sy  QrejweH, 
 Philopater,  Kojfaus  ,  Boleman,p.  32  .to  Tq.fparfim,  with  fundry  others,  all  pro- 
 fefledJyaverringAf«w^hisDod:rine,andthepremifles,  yea,  farrc  exceeding  them 
 in  fundry  particulars ;  many  or  moft  of  them  attributing  fuffictent  Authority  and  power 
 to  the  Pope  and  Prelates  alone ,  without  the  Parliaments,  Nottes, Peers,  or  Peoples  affent^ 
 to  depofe, adjudge  Hareticall  or  tyrannicall  Kings  to  death,  and  devote  them  to  ajfaffi* 
 nation,  which  all  Protcfiants  unanimously  difclaim.    But  wee  nzed  not  fifh  in  thefc 
 unwholefome  Romifh  Streams  of  Tyber,  or  makeufe  ofthefe  Popifli  Champions, 
 whom  I  have  onely  named,  to  flop  the  mouthes  of  all  Papifts,  Pricih?,  Iefuites,  who 
 now  much  exclaim  againit  the  Parliaments  prefenc  dcfenfive  Warre  ,  condemning 
 all  for  Rebels  and  Traitors  who  aflift  the  Parliament  againft  their  invading  traitc- 
 rous,  Rebellious  armed  Forces  both  in  Ireland  and  England,  they  being  in  verity 
 fuch  themfelves,yca,the  original!  contrivers,  fomentcrs,  the  principail  abettors  of  the 
 prcfent  bloody,  deftru&ive,  civil!  Wars  in  both  our  Realms.  And  that  which  moft 
 confirms  me  in  this  bcliefe,  is  a  particular  late  Difcovcry  of  the  horrid  <£  on/piracy  of 
 Con  the  Popes  late  Kuncio  here,  and  his Icfuited  Popifli  Confederates,  to  under- 
 mine and  extirpate  the  Proteftant  Religion,  toraifetht  Scottifli,andfuccceding  In(h0 
 and  Engli(hWars,thcreby  toingage theKing  to  rclbrt  co  them  for  affi(tance;&  under 
 pretence  whereof  to  rife  up  in  arms,  and  work  him  to  their  own  conditions,  or  elfe  t© 
 poyfon  him  with  a  Indian  poyfoncd  Nut  after  the  example  of  his  Father  ,  and  then 
 feizeupon  the  Prince,  and  train  him  up  in  their  Antichrirtran  Religion  ,  as  you  may 
 readc  at  large  in  Komes  CMafterpeece,to  which  I  {hall  rcferre  you  for  fuller  fatisft  cfiri- 
 ®u/rorn encofche chief  Conipirators  own  Confeffion,    But  palling  by  all  chele,  I 
 
 fliali- 
 
' 
 
 The  SoJ>eraignc[>oTver  of  Parliaments  and  tsjngdms. 
 
 Shall  proceed  to  Authorities  of  Lawyers  and  Divines,  profeffing  the  Protcftant  Re- 
 ligion. (jeorgitisQbrtttHS,  a  publike  Profcfl'or  of  Law,  and  Advocate  to  the  City  of 
 Strasburge\n\\\%T>if}m.'itio]urtdtc(iii.T)ePrh:c.piis Belli t  layes  down  thefe  ieverall 
 Pofitions  for  Law, Num.12?. to  i;q.  ,Thac  al]  the  Inferior  Magrtlratcs  in  the 
 y  Empire  or  other  Kingdoms, colle&ively  considered  ,  are  above  the  Empeft  ur  ami 
 ,  Kings  themfelves;  that  if  they  be  imjuftiy  aflaultcd  with  unjuft  violence  by  any 
 ,whomfocver,  they  may  by  a  ncccflary  and  jurtwarrc,  defend  both  themfelves  and 
 ,  theirs,  and  rcpell  and  profectltc  the  unjuft  affailants.  That  if  the  Supcriour  Magi- 
 ,  flratc  ncgledt  to  do  his  duty, fas  if  the  Turke  Should  invade  any  Countrey ,  and  the 
 ,  Supreme  Magiltrane  would  not  refift  him.)  the  inferiour  Magiftrate  may  call  the 
 >peop!etoArms,raifean  Army,  and  excrcifcalJ  forces  policie  and  devices  againft  the 
 
 ,common  enemy  ofChrilUiPSiOrifthe  Supreme  MagiHra:efhouldcxcrci(cmanifcll 
 ,  Tyrannie.it  is  verily  lawfull  to  the  Inferiour  to  undertake  the  care  of  the  Repub- 
 ,  like,  which  he  endeavours  to  opprcflc  with  all  his  power :  That  thofc  who  reprcfe n: 
 ,  all  the  people,  as  the  Electors,  Palatine?,  Nobles,  Parliament,   may  admonifh  the 
 ,  Prince  of  his  duty,  and  ought  to  feek  by  all  means  to  divert  him  from  his  Tyranni- 
 3  call  £nd  impious  purpofe;  but  if  he  proceeds,  and  repenreth  not,  being  frequently 
 ,  admoniQicd,  but  wilfully  fubverts the  Common-wealth,  obftinatcly  perverts  Laws  • 
 ,hath  no  care  of  faith,  covenants. j'ufticc.piety;  and  tendsonelyxothis,  that  he  may 
 ,  perpetrate  any  thing  with  impunity,  and  impioufly  reign  over  mens  confcicnces,thcn 
 ,  verily  he  is  accounted  a  Tyrant,  that  is,  an  enemy  of  God  and  man ;  whence,  if  he 
 ,  hath  proceeded  to  that  hight  of  malice,  that  hee  cannot  bee  expclicd  but  by  armed 
 ,  force,  Jt  \S  llatoftUl  for  the  Electors,  Palatines  and  others,  to  call  the  people  to 
 0  Arms,  and  not  oncly  to  defend  themfelves  and  others  againft  fuch  a  one ,  but  plainly 
 ,  to  deject  him  from  his  Throne :  For  the  intire  Government  ofthc  Realm  is  not  com- 
 ,mitted  by  the  people  to  the  Prince  alone,  as  neither  the  Bimopprick  ofthc  whole 
 9  Church  to  the  Pope,  but  to  every  one  of  the  Nobles  or  Magistrates  according  to  his 
 , power  :  For  theNoblcs,as  they  are  called  into  part  ofthc  honour,  fo  oftheburthen 
 9  ofthc  Commonwealth  ;  which  is  a  ommitted  to  the  Prince,as  to  the  Supreme  Tutor, 
 ,  but  to  them  as  Fellow-tutors,  he  having  the  firft,  they  the  Second  place  in  governing 
 ,the  Republike.  The  Prince  fwcarsthat  he  will  feek  the  good  ofthc  Realm,  and  all 
 ,  the  Nobles  promife  the  Same  :  therefore  if  he  doth  ili,  they  ought  not  todofoJikc- 
 ,wi&;  if  the  Republike  go  to  mine,  they  fhall  not  continue  :  "For  the  CommortL 
 y  wealth  is  no  lefVe  committed  to  them,  than  to  the  King,  fo  as  they  ought  not  onely 
 3  to  do  their  duty,  butalfotocontainthePiin.ee  within  thelimitsof  his  duty  :  For  if 
 3  the  Prince  doth  ought  againit  his  Oath,  they  arc  not  abiclvcd  from  their  Oathj, 
 ,  but  rather  then  efpecially  ought  to  manifeft  their  fidelity,  when  the  Republike 
 ?requiresit,  becaufc  they  were  fpccially  inilituted  for  that  end  ,  as  theFphori,  and 
 , every  thing  ought  to  be  reputed  ju(},  when  it  attains  its  end.    Hence  BrmmstbcTtU 
 ,bunc,  and    Lucretius  the  Governour  of  the  City,    called  the  people  to  Annes 
 ,  againit  Tarquin  the  proud,  and  by  their  authority  expelled  him  thcRm^dom.    So 
 'the  Roman  Senate  judged  Nero  an  enemy  ofthc  Republike,    and  condemned 
 3him  to  thcGallowcs;  punifhed    VttclUus  wnh  death,  iguominioully   mutilated 
 ,  and  dragged  thorow  the  City,   and  fpoylcd   LMaximinus   of  the  Empire,  fet- 
 ,  ting  up  ZdlbwHS  in  his  place.     Thus    the    French  by   Authority  of  a   pub- 
 iikc  Couuccllj    thorow  the  care    of  the   Officers   of  the    Rcalme    deprived 
 
 Aa3 
 
ico  The  So^raign  power  of  Parliaments  and  Kingdoms, 
 
 ,  Chtlderukcihthr&i  Sigebert,  Theodonc,  and  O^dericke  the  third  of  the  govern. 
 ,  mentof  the  Realm.  Neither  is  it  impertinent  to  pronounce  the  fa  me  fen  tencc  of  fuch 
 *  Vakv'uis  Ma-  j  a  one,  as  was  given  of  Manilas  (Japitulinpu  ,  *  Thou  waft  Manhus  whiles  then 
 .\m/,  f.c.7.  jdtddett  caft  down  the  Senons  headlong*,  T^ow  becaufc  thon  art  become  one  of  the 
 SenonSy  thou  thyfelfe  art  to  be  precipit^  ted  from  whence  thoudiddeft  ccjl  them  down. 
 ,  But  if  perchance  moft  of  the  Nobles  collude  and  connive,  and  being  unmindfull  of 
 ,  their  duty,take  no  care  of  the  pcople;lct  thetc  at  leaft  be  one  who  may  admomfh  and 
 ,deteft  the  invading  Tyrant,  and  take  care  that  theRcpublike  fuftain  no  detriment 
 ,  For  the  care  «f  the  Republike  is  no  leffe  committed  to  him,  thauto  the  Prince  and 
 ^  his  Sollegues,  and  he  hath  plighted  his  faith  to  the  Republike  no  leffe  than  they* 
 ,  If  many  havepromifed  the  fame  thing,  the  obligation  of  the  oneis  not  taken  a  vv  ay 
 ?  by  the  neglige  nee  or  periury  of  the  other.  If  the;  e  be  many  Truftces,  Execttors,or 
 ,Guardians^the  negligence  default  or  fraud  of  fomeofthem,  doth  not  difebargeor 
 ,  difingage  tf  e  reft ;  yea,  unleffe  they  to  their  power  difchaFge  their  truft  and  Oath, 
 ,  they  become  pcrfidiei  s.yca  guilty  of  the  fame  crime,  and  arefuhk&  unto  actions 
 ,  for  their  neglect  as  well  as  the  ethers:  Therfore  thofe  who  are  bound  to  the  whole 
 9  Kingdom  and  Empire,  as  the  Peers  o(  France,the  Eleftors,  or  to  fomc  certain  Coun- 
 ,  tcy  or  C'ty  which  makes  a  part  ofthcRealmc,  as  Dukes,  Marqu{iTes3Eailes,  Con- 
 ,  (tables,  Admirals,  and  the  like,  are  obliged  to  ayde  the  whole  Ccmmcn  weaith^or 
 ,  that  part  committed  to  them,  againft  the  tyranny  of  the  Prince,  if  they  be  abIe,cVc* 
 Thus  and  much  morethisLawyer,almofl  verbatimout  o{  Junius  Brutus. 
 
 I  might  addto  him  the  like  determinations  o^HenricusBocerus^DcjarepugnaJjoc 
 eft>  Belli  &  Duelli,  TratlatHS  Mtthodicus,  Tkbinga^^Qi.  lib.  i#  cap.  5 ,  Gij  29*pA  41 
 JvIlfU  EccarduSyDeLegeRegia,  thelal*  E  ition.  /2/hufeius  Fo//t.  c.  4..  pt  \sf6%  to 
 1  ftJ3<znor,~Difputat*}oht*  The  Treatife  cZ>r  lure  Magtftratus  in  Subditos  \  ( where 
 this  Pofitionis  largely  and  learnedly  debated,  confirmed,  both  fiom  Law,  H  ftory, 
 Theology,  Reafon)  Hugo  Gr otitis  de  lure  Belli  &pad^  lib.  1 .  c,  ^.fetl,  7.  to  the  end. 
 .^.87.  &c.  Albcricus  Gentilu  de  lure  Belii^L  I«£.xl,/\  84.C.  2^.p.  205./,  g.r»p.  22. 
 ^.546.  686.  with  others,  ButfinceZr/^W  Brutus  comprifeihthequintciTenceofall 
 the  reft,  ]  (hall  trouble  you  onely  with  his  Difcourfe,  VindictaConir.Tyrannos'i 
 J$K<sft t  $, v.  1  jj,  to  106.  Topafle  by  hisDifcourfe  concerning  the  nfift.ng  of  Ty- 
 rants, who  ufurp  a  Dominion  without  any  Title,  whom  eery  man  m  yjui'iyrefifi 
 and  fupprefle,  and  are  bound  in  duty  fo  to  do *,  as  he  there  proves  at  large  j  T  /hall  on- 
 ly transcribe  whatconcernes  them  whohavealawfuIlTitle,F)rit((ai  h  hejwecu^ht 
 .j  to  confider3thatall  Princes  are  born  men.  We  cannot  therefore  cxprcl  to  have  r  niy 
 ,  perfect  Princes  ,  but  rather  we  ought  to  thinke  it  well  with  us  ,  if  we  have 
 ,  gained  but  indifferent  ones.  Therefore  the  Prinre  fha!l  not  prefemly  be  a  Tyrant, 
 9  if  he  ke<  p  not  meafure  in  fome  things,  if  how  and  thai  he  obey  not  reafon ;  if  hce 
 ,  more  (lowly  feek  the  publike  good;  if  he  be  lciTe  diligent  in  adminirtringluftice, 
 5©r  lefle  fierce  in  propuifing  warre#  For  feeing  a  man  is  not  fet  overmer,as  if  he  were 
 ,  fome  God,  as  he  is  over  beafts  5  but  as  heisaman,born  in  the  fame  condition  with 
 a  them  ;  as  that  Prince  (hall  be  proud,  who  will  abufc  men  like  Bea/rs,  fothatpcoplp 
 ;,  (hall  be  unjuft,  who  (hall  feek  a  God  in  a  Prince,  and  a  D  ivinry  in  this  frail  Nature. 
 ,  But  truly  if  hefhall  willingly  fubvert  the  Republike ;  if  he  (hdli  wilfully  perveit  the 
 ,Lawes,  if  he  (hall  have  no  care  of  his  faith, none  of  hisptoniifes.ncneofluftce,  none 
 ,ofpiety  j  if  himiclfc  become  an  enemy  of  his  people,  01  (hall  uie  all  or  the  ch^feit 
 
 ,  notes 
 
" ' — — -— — —  .         —  w — 
 
 ,  notes  WC  hart  mentioned, then  \cnly  he  may  he  iud  rftha(  is,  an  ninny  of 
 
 ^God  and  men.  Therefore  we  treat noeof  a  P  \  . 
 
 ,  not  oforelciTc  prudent,  but  of  a  malicious  and  fubcile 
 
 ,  in  Law,  but  of  a  contemner  of  Law ;  nocof  an  unwarlikeone,but  ,  of 
 
 ,  tic  people  and  waller  of  the  Rcalme.    A Senate  mi  y  affift  hiin  with  |  ,  a 
 
 , fudge  with  the  knowledge  of  the  taw,  a  Captain  in  the  skilfuJnefleof  wirrej  I 
 
 ,  th  smanwifheth  theNob.'e  ,  Senators, Captains  otWarrc  one  neck,  that  he 
 jCbtthetDofFac  one  ftroakc,  neither  hates  he  any  more  then  them.  The  tuft  verily, 
 ,  though  he  may  lawfully  be  removed,  yet  however  he  nny  be  tolerated  ;  thclattCC 
 •^contrarily,  by  how  much  the  longer  he  istollerated,  tHemore  intolerable  l.cbe- 
 j  'COites.  Moreover,  ascuciy  thing  is  not  lawful!  to  a  Prince;  fo  ofcen  times,  that 
 ■9  which  is  lawfull  to  the  people,  is  not  expedient    Fo  frequently  it  may  fall  out,  that 
 
 etcmedy  which  isufed,  may  be  worfcthan  thedifcafc.  Therefore  it  bec< 
 
 ^  wife  man  to  try  all  things,  before  heufe  the  hot  Iron;  and  ufcall  remedies,  before 
 
 he  cake  uparme  ♦   i  f  therefore  thofc  who  r<  prefent  the  people  perceive  any  thing  to 
 
 be  doneagiinft  the  Repubhke  by  force  or  fraud,  let  them  fir(t  admomfh  the  Prince; 
 
 •thcr  may  they  cxpccT,  Till  themifchiefe  grow  hcavic,  and  acquire  forces.    Ty- 
 
 ,  ra«fiy  is  like  an  heptick  Feavcr,  which  at  fir  it  is  eafie  ro  be  cured,  difficult  to  he  drf« 
 
 ,cerrrd;  afterward  it  feccmes  erfic  10I  e  known,   but  very  difficult  to  be  cured. 
 
 ,  I  herfore  they  fhall  withftand  the  beginnings,  neither  fhould  they  pretermit  any 
 
 ,  thing,  though  the  fmalleft.  But  if  he  ("hall  proceed,  and  not  repent  thou^hJrequcnt- 
 
 -  ly  admoniflvd  ,  but  tend  cnely  to  this  ,  that  he  m3y  commit  any  | 
 
 nifhmem  j  then  verily  he  is  really  guilty  of  TyranBy,  andtheymayac3  againff. 
 
 him,  wlutioeverthcy  may  ufc  again  (t  a  Tyrant,  cither  by  Lawonult  !br~e.Tyrii 
 
 i  y  is  not  or.cly  a  crime,  but  the  he  d,  and  as  it  were,  the  heap  of  all  -  \ 
 
 Tyrant  fubterts  the  Rcpubl  kc,r  sices  a  prey  of  ail,  lycth  in  wait!or  the  life  of  al!, 
 
 cs  faith  coall,conteronesa!l  the  Religion ofafacred Oath.  Therefore tt  he  fo 
 
 ;ch  more  wicked  then  any  Thee'c,  m.irthcrer,  facrilegtous  pcrfon,  by  how  much 
 
 5  it  is  the  morc'gricfous,  to  offend  many  and  alJ,  then  particular  perfons.    Now  if  -11 
 
 thefo  be  reputed  enemies,  if  they  be  capital. y  ptmiflied,  it  they  fuffe'r  psh; 
 ,  of  death,    can    any  one  invent    a    punifhmtnt  v\orthy  fo   horrid  a  crioi 
 Moreover,  wee  have  proved,  that  ail  Ki  ;vc  theirRoyall  Dignity  from 
 
 epjopie;  that  a;lchc  people  are  better  ami  higher  then  the  Kic  is* 
 
 ely  the  ujperioor  miniver  and  Ruler  of  the  kingdom*,  the  Etn  ti- 
 
 t  the  people  art  the  true  head. Thcrforc  it  follows,  that  aTyrs 
 >ny  ^gainft  tnepeople  3sthe  Lord  of  the  fee,  hur  sihc&crcdM 
 an  1  Empxc,i3;co  110  i  ICebel  andthcrfofefWli  into  1  :  fame  Liwer, 
 
 punifiuncnrs.Theirore1  .  '>cdcpo:c 
 
 by  a.Vuperiour;  or  be  mo:  ini(hed  by  the  Julian]  1  v,:.  rpul 
 
 N  >w  all  the  people,  or  thole  who  rep*  cfent  them,  as  Electors,  Pala: 
 \  the  AflemblyoftheEftatesjte.  aic  bisSuperiour,   But  and  if  he  fha;!  proceed  (b 
 farre  thac  he  cannot  be  expelled  but  by  aroied  vi< 
 full  for  them,  to  callthc  people  to  Armes,  toraifean  Army,  and  to 
 ,  policy,  ftratagems,  as  igaioft  an  adjudged  enemy  of  hi*  Country  ani 
 .mon-weale.   N<  ither  ff*a  1  the  O  ::cers  cf  the  Realm  in  this  c  1 
 loF  SEDJTIO^7]  Fox.ioaicdirioiUhtrcjnuft  needs  be 
 
j  p  2  The  SoJteraigne  power  of  Parliaments  and  Kingdoms 
 
 ^  for  thcmoft  part  they  contend  about  contradictories,  it  followes,  that  the  caufe  of 
 one  is  juft,  the  other  unjufi  ;That  caufc  muft  verily  be  juft  whkh  defends  the  Law?,' 
 ,  which  protects  the  common  good,  which  (hall  preferve  the  Realme  ,  efpecialiy  by 
 ^  this  mcanes ;  contrarily,that  caufe  is  uniuft,  which  violates  theLaws,  defends  the 
 *BartolusTraR.  ,  breakers  of  the  Lawes,protecls  thefubvertersof  the  Conntrcy.*  That  isiuft  which 
 de  GuelpbU  &    will  deftroy  tyrannical!  government,th3t  uniuft  which  would  .ibolifli  iuft  govern** 
 GibeUAngJ.3.  |ment»Thatlawfull  which  tends  to  the  pub!  ike  good, that  unlawful! which  t«nds  to  the 
 rffWWK'aI'  s  private.  Therefore,  faith  7^0flw,  becaufe  a  tyrannical!  kingdome  which  is  not  or. 
 Thorn.  Ayt'mi » daincd  to  the  common  good,but  principally  for  the  benefit  of  thcGcvernour,is  moft 
 i«i,u  qit.ii.  ,  uniuft  $  therefore  the  difturbancc  of  this  Kingdome  ipatl)  not  t^ercafon  of  fatli* 
 Art.ii.in  )f»«,tttion,  HO*  tioetbe^  fall  into  ttyctimz  Of  SDreafor.    This  crime  is  committed  a. 
 
 ,  is  likewise  committed  againft  the  Common- wcalth,but  becaufc  the  Repub.is  there 
 ^only  where  the  authority  oftheLaw  prevailes,not  where  the  private  lull  efaTy  rant 
 ,  fwalloweth  theRepublike,  a  Tyrant  (hall  be  guilty  of  that  crime  whrch  offends   he 
 ,publikeMaiefty,&thofe  be  Vindicators  of  the  Republike,  who  flialloppugne  a  Ty- 
 9  rant  £*  0^00,  fupported  with  their  own  authority  ♦Neither  in  this  cafe,  I  fay,doih 
 ,  every  one,  but  all  the  Subiecls,  but  the  Lords  feem  to  require  an  account  of  che  ^o. 
 vernment  from  their  agent :  no  more  (hall  they  be  accounted  perfidious  for  doing  it; 
 , there  is  every  where  between  thePrince  &  people  a  mutuall  &  rcciprocalObligation; 
 ,  he  promifetb,  that  he  will  be  a  iuft  Prince :  they,  that  they  will  obey  him,  if  he  fliall 
 ,be  fucha  one.  Therefore  the  people  arc  obliged  to  the  Prince  under  a  condition  : 
 ,  the  Prince,  purely  to  the  people:  Therefore  if  the  condition  be  not  fulfilled,  the  peo- 
 ple are  unbound,  the  Contract  void,  the  Obligation  null  inLawitfelfe:  Therefore, 
 y  the  King  is  perfidious  if  he  reign  uniuftly;  the  people  perfidious,  if  they  obey  not 
 3  him  who  reignes  iuftly  .•  But  the  people  are  free  from  all  crime  of  perfidioufnefle, 
 ,  if  they  ptiblikely  renounce  him  who  reignes  uniuftly  $  or  if  they  endeavour  to  evict 
 I.irfo.D  de  reg  >  n*m  vvicn  Armcs  who  defires  to  retein  the  kingdome  unlawfully.  Therefore  it  is 
 lnr.      *  ,lawfull  for  all  or  many  ofthe  Officers  ofthe  Realme  to  remove  a  Tyrant.  Neither  is 
 
 ,  it  onely  lawfull;  but  it  lyeth  fo  upon  them  of  duty,  that  unleffe  they  doe  it,  they 
 9  can  no  way  be  CArcufed.  Neither  may  Elcclor?,  Palatines,  Senators,  and  other  No- 
 ,  blcs  think,  that  they  were  created  and  inftituted  onely  for  that  end,  that  they  fhould 
 5fhew  thcmfclvesonceperadventure  in  the  Kings  inauguration,  attired  after  the  an- 
 ,cient  manner,  that  they  might  a&  a  certain  palliated  Fable,  orputonthe  perfon  of 
 ,  Row/and)Olivcr,Rcxa/d,7nd  other  Nobles  on  thatday,as  if  in  a  Scene,  they  fhould 
 9  in  fomc  fhew  reprefent  the  Round  Table  c£*Arthur<>  as  they  call  it ;  fo  as  after  that 
 ,  the  multitude  is  difmifled,  and  Callioptu  hath  faid,  Farewell,  they  fhould  think  they 
 ,  had  excellently  played  their  parts.  Thefe  things  are  not  fpeken  in  jeft, theft  things 
 ,  are  not  perfunctorily  done;  thefe  things  are  not  the  paftimes  of  children,  who  as  it 
 Vlp.  U  3. D.  de  y 1S  in  Horace9crcxed  a  King  in  a  Play;but  rather  of  Nobles,  &  Magiftrates,who  as 
 adm.  &peric.  ,  they  are  called  unto  part  of  that  honor/o  likewife  of  the  burthen,  and  fhew,tbatthc 
 Tutt&  curat.  ^Reptiblikcis  committed  and  commended  to  the  King,  as  tothefupremeand  chiefeft 
 ,  Tutor,fo  alfo  to  therms  fcllow-Tutorsf evenHonorari)afligned  to  him  as  obfervers  of 
 jhis  a<3  tons  who  hath  the  chief  tutelage,  who  may  daily  craft  an  account  of  him,and 
 
 *  ,  diligently 
 
The  SoVeraign  po^er  o/Tarliaments  and  Kjwnioms .  i  o  * 
 
 c  diligently  take  heed,  in  what  manner  he  reverierh  -   ft)  even  Uieie,  thai  they  might 
 
 c  obferve  the  Kin£  (who,  as  to  his  tutelary  providence,  is  onely  repute  1  in  the place   L.77.I). 
 
 cot  a  Lord)  that  he  doe  nothing  to  the  detriment  of  the  people    Therefore  a, 
 
 c  raft  of  him  who  afts  thoGardian,  is  imputed  to  the  Co-gardians,  onlcft  where 
 
 c  they  ought  and  are  able,  they  filfpeft  and  likcvvife  take  tare  I  wk, 
 
 c  when  he  communicates  nottheadrainiftration  with  them,  if  he  doc  not  faithful-  L  14  .!>« 
 
 cJy  manage  the  tutelage  or  care,  if  he  admits  fraud,  if  he  doth  any  thing  fordidly  "  "••    r 
 
 c  orpernicioufly  to  the  Pupill,  if  he  intercept  any  of  the  Pupils  goods,  If  he  be-  *J*\    ,.  ,-kr  ^ 
 
 c  come  an  enemy  to  the  Pupill;    finally,  if  he  be  over  rude,  Qoathfull,  unskilfu.1 
 
 cStc.  So  even  the  Nobles  Hull  beheld  guilty  of  the  Princes  deed,  un  ,  10 
 
 •  move,  or  prevent  his  tyranny,  or  fupply  his  (loathful  ncflTe  ,  with  thd  ice 
 c  and  diligence.  Finally,  as  oft  as  thcGardian  doth  not  doe  in  the  name  of  the  Pu- 
 c  pill,  that  which  any  fit  Mailer  of  a  family  would  doe,  he  may  not  fceme  to  be  Je- 
 c  fended  ^  but  that  he  may  be  the  better  defended,  his  Co-gardians  are  bum 
 'fore  fee:  So  much  more  jufUy,  if  the  Prince  doth  not  aft  thehoulholdcr  but  the 
 
 c  Enemy  ,  the  Nobles  may  and  ought  to  a&againtl  him,  lincc  they  arc  bound  by   }  , 
 c  his  deed,  no  le(Ie  then  by  their  dwne.    Moreover  the  Nobles  may  coniider ,   thai 
 c  the  King  in  governing  the  Republike,  holds  the hrfi  part,   but  they  the  fecond, 
 c  third,  and  every  one  in  his  rt>hcc   Therefore  if  he  doth  his  part  ill,  they  may  not  Cii  **• 
 f  follow  him  :  if  hedeftroy  the  Piepublike,  they  may  not  connive-  for  it  is  com- 
 "  mitted  to  them,  as  well  as  to  him  5  and  in  fuch  fort  truly,  that  not  onely  they 
 themfclves  ought  rightly  to  execute  their  office  by  thcmfelvcs,but  to  contain.  1 
 f  Prince  within  the  bounds  of  his  office.  Finally,  as  the  King  promifeth,   that  he 
 c  will  take  care  of  the  benefit  of  the  Commonwcale,  fo  alfo  doe  they.    Therefore 
 'if  hebreakes  his  oath,  they  may  not  thinke,  that  they  arc  abfolvcd  from  theirs, 
 cno  more  then  Biffiops,  if  the  Pope  fliould  defend  herciic  ordettroythe  Church  : 
 'yea,  they  ffiould  thinkc  themfclves  fo  much  the  more  obliged  to  perfbrmc  their 
 'oathes,  by  howmuch  the  more  hcmall  violate  his.  Therefore  if:  they  collude,  they 
 care  reputed  in  the  number  of  prevaricators  5  if  they  connive,  of  delators  5  and 
 cTRAITOPeS,  if  they  vindicate  not  the  Republike  from  the  tyranny  of  tyrants: 
 cas  finally  they  become  Patrons,  Defenders* little  King?,  if  they  by  all  meanes  pio- 
 c  tcft  and  defend  the  Republike,  which  they  have  undertaken  to  protect,     liu 
 c  things,  though  they  are  diffidently  firmeof  them  (elves,  yet  they  may  be  den 
 c  riVatedby  examples.    The  Canaanitiih  Kings,  who  opprcfled  the  people  ol 
 'with  hard  fervitudc,   as  well  corporal]  as  Ipirituall,  ( interdicting  them  both 
 c  commerce  and  armes)  were  true  tyrants, I  (ay  in  practice,  yet  not  without  a  ti 
 1  for  Eglon  and  Jabin  reigned  quietly  almoft  twenty  yearS:Now  God  extraoi  dinari- 
 c  lv  ilirred  up  E/,W,who  flew  Eglon  craftily  -and  "Dtb  r*,  who  routed  tl 
 ^bw'  and  bythatmeancs  freed  the  people  from  tyranny  :  This  was  not  verily,  be- 
 '  catife  it  was  lcfTe  lawful!  to  the  ordinary  Mag:  traces  and  Princes  of  the  Tribes9and 
 ctherclttodoeit,but  "Dehor j  rather  objetteth  their  Qoathfulncflc  and  carelefiicfle 
 c  to  them,  and  curfcth  (bme  of  them  for  this  caufe  Eur  truly  God,  pittyi 
 '  people, extraordinarily  fupplyed  the  negligence  of  ordinary  office;  ,  j 
 
 c  the  tonne  oi  ',  refuleth  to  c.xic  the  people  of  unnecenary  Tribu  esa  it* 
 
 *  intreated  to  doe  it  in  a  general]  Aflembly  of  all  the  people,  he  groweth  infolenl  - 
 e and  affilkd  wkh  the counfell  o1^  flatterers,  even  arrogantly  thre;  tens  u 
 
 Ebb 
 
1 94  The  Sovereign  poTter  of  Parliaments  and  kingdoms. 
 
 jnguftli.i-dc  c  burdens ;  No  man  doubts,  but  that  according  to  the  covenant  firft  made  betweene 
 
 Cim.Dtic*%z.  c  fa  King  and  people,  the  Nobles  might  have  reftrained  this  pride  :  But  the  finne 
 
 c  was  in  this,  that  they  did  by  feceflion,  which  was  to  be  done  in  the  Afenibly-  and 
 
 c  did  a  juft  and  lawtull  thing  Hnjuftly.    Frequent  examples  of  this  thing  occurre  in 
 
 *  other  Kingdomcs  :  he  inftanceth  in  Tarqu'm  the  proud,  expelled  by  Brutus  and 
 c  Lwretiuf  ;  who  confifcated  his  goods,  and  would  have  publikely  fentenced  him- 
 cielfe,  had  they  apprehended  his  perfon,  becaufe  he  confuked  not  with  the  Senate 
 cas  former  Kings  utually  did, becaufe  he  made  wane,  peace,  and  truces  at  his  plea- 
 c  fare  without  the  Senates  and  peoples  advice,  violated  the  Lawes  which  he  ft/ould 
 c  observe,  and  neglected  the  covenant  eftablifhed  betweene  the  King  and  people :  in 
 c Nero  the  Emperour,publikely  fentenced  by  the  Senate,  Vitellms,  Maximinw  ;  and 
 
 *  See  Hotomsm.  c  thefpeech  of  Trajan  (forec'ted)  :Likewife  the  *  Trench,  by  authority  of  a  publike 
 Francogallia.c.  c  Councell  through  the  care  of  the  Kingdomes  officers,  expelled  Cbildericke  the  firlly 
 ■    t0  **•  c  Sigibert)  Tbeodoricke,  Cbildericke  the  third,  from  the  Crowne/or  their  tyranny ,and 
 
 c  fet  up  others  of  another  ftocke  in  their  places.  Yea,  for  floathfulnefle,  negli- 
 'cgence,madnefle3as  alib  for  injuries  to  Forrainers,  andyeeldingto  the  impotent 
 'cieor  luftof  flatterers,  or  women,  they  have  depoied  fome,  and  as  it  were  taken 
 c  away  the  reinesfrom  Tbaeton,  left  all  men  (louldbe  burnt  with  the  fame  fire5  as 
 c  Tbeodoricke  for  Ebroines  fake,  Vagobert  of  Ple&rude,  and  Theobald  his  Mignions, 
 c  with  others .  reputing  it  to  be  all  one,  whether  a  woman  or  an  effeminate  Prince 
 c  reigned;  or  whether  a  tyrant,  or  petite  tyrants  under  a  iloathfull  Prince  do- 
 mineered :  or  finally,  whether  he  himfelfe  were  a  Devill,  or  pofleffed  by  the  Devill 
 chim(elfe.  Thus  not  long  fincc  they  compelled  Lewesthe  eleventh,  a  moft  imperi- 
 *ous  Prince  to  receive  36.  Governours,  by  whofe  counfell  he  was  bound  to  governe 
 <  the  RepuMike.  Yea,  what  other  right  had  either  the  Carlingi,  adopted  into  the 
 
 *  Kingdomein  placeof  the  Meruingi  5  or  tfaeCapetj  who  at  this  day  holdit,  prefer- 
 fim§ird.Li£.  C  re<^  before  the  Carlingi  by  the  Decree  of  a  publike  Councell;  but  from  the  pecple,re- 
 J*&  &*['*•  '  '  c  prelented  as  it  were  in  an  Epitome,by  the  Councell  of  the  Realme,  which  they  calf 
 
 ■  Ant.  de  But.  <an  Affembly  of  the  three  Eltates,who  might  lawfully  of  right  both  depofethofe, 
 Conjil.quodpo^  canc[by  their  owne  authority  eitabliftnhefe  in  the  Throne  >  In  the  fame  manner  we 
 fiC^ml  °de  f  read^^^deprivedoftheG«?r/«j»Empire,/4/7.i2p6-.becaufecorrupted  with  mc-: 
 Caftro  vol  An-  cny,  he  bud  made  war  with  France,  in  favour  of  the  Englijhiand  Wmci\law,Ar,\  40c 
 .tiqu.  m  412.  €  although  thefe  may  be  called^  not  fo  well  evill,  as  letfe  good  Princes.  Thus  in  the.. 
 incip.Vifcpun-  c  Realme  of  England,  Edward  the  fecond,  for  his  tyranny  to  his  Subjects,  efpecially 
 Uktinfis^n  c  the  Nobles,  whom  he  deftroyed  without  hearing  their  caufe,  was  at  his  Queenes 
 Trad,  de  Car-  c  reque  ft,  adjudged  unworthy  of  his  Crowne  by  the  Parliament.  Not  long  iince* 
 dm  in  i.qu.  3 5.  c  Chrijiierne  in  Venmirk^,  Ericus  in  Sweden,  Queene  Mary  very  lately  in  Scot land, were 
 PhiLDeinsquo-  c  derived  :  which  Hiftories  worthy  credit  teltifie,  hath  beene  frequently  done  in  the 
 ^Tefbafut  C  K«pg*>««  <>f  Poland,  Hungary,  Spiim,  Fortxgdl,  Bohemia,  and  the  reft.  Eut  what 
 imtAndr.Bar-  c  concerning  the  Pope  himfelfe  r  The  Cardinals,  they  fay,  becaufe  they  have cho-- 
 bar.  in  D.  conf.  c  fen  him,  or  if  they  doe  not  their  duty,  the  Patriarks,  who  are  Primates  next  after 
 j.l.2c.6.Bald.  c  tne  Cardinals^  may  againft  his  will,  for  certain ecaufes  call  a  Councell,  and  in  it 
 in  I.  Olim.coL  « jacjgethePope,ifhc  (tiallfcandalizethe  Church  by  his  notorious  offences;  if  he 
 VnDicmalBo-  C  ^e  incorrigible,  if  reformation  be  neeeffary  as  v/c\l  in  the  head  as  members ;  if  con- 
 MifacA  AeMkh  f trary  to  his  Oath  he  will  not  aflemble  a  Councell,  and  the  like  •  and  de  fuUo,  we 
 fyjteh  'read  that  many  Popes  have  beensdepofed  by  authority  of  a  Councell.  But  if  (faith: 
 
 '■Balds*).- 
 
TktSoVeraignpoVero/  Parliaments  and  Kingdoms.  §Q5 
 
 ^BMm)t\\zy  be  pcrtinacioufly  abafedj  at  firfl  they  mu.r  uie  words,  Jccondly, 
 herta,  that  IS, medicines;  laitly  ,   [tones  j  and  where  the  truth  of  vertue  ftlfEcctfa 
 
 cnot,thcrethe  defence  of  weapons  ought  t<>  prevaile.  But  and  if  by  the  furtiu. 
 c  almoft  of  al!  learned  men,  the  Decrees  of  Councels,  and  the  A&s  thcmlclvcs  done, 
 c  it  be  prove!,  that  a  Counccll,  as  they  fpcak,may  lawfully  depofc  the  !  ho 
 
 cyetboi  hhini.elfetobrtheKingof  Kings,  and  claimes  as  much  to  be  above  the 
 'Empcrou^as  theSunnc  is  above  the  MoonC;  yea,  a  To  arrogate!  to  himlclfc 
 can  authority  of  depollng  Kings  and  Emperours  at  his  plcafure  •  who  ut  lafl  can 
 c  doubt,  bit  that  by  the  publike  Counccll  of  every  Reahnc,  not  oncly  a  tyrant,  but 
 
 •  a  King,  pernicious  to  his  Kingdome  for  his  madncflfc  or  tolly,  may  be  deposed  01 
 c  removed  | 
 
 .  cGoeto  now,  in  this  our  politickc  Ship,  the  Matter  pints  himfclfe  with  wine, 
 cmoft  or  hisalTiitants  either  ailecpe,ordrunke  with  mutual]  cups  fportingly  behold 
 can  imminent  Rocke.  The  Ship  in  the  meane  time,  either  holdsuot  thatcotirfe 
 c  which  is  expedient  for  the  owner,  orfecmesfpeedily  to  be  wracked-  what  thin.. 
 c  thou  is  here  to  be  done  under  the  Matter,  byonewhois  vigilant  and  follicitous> 
 c  Shall  he  pull  thoie  by  the  cares  who  are  afleepe,  or  onelyj  ^ge  them  by  the  iides? 
 c  but  in  the  meane  time,  \t\  he  fhould  llcme  to  doe  ought  without  their  command,  p/*f»./l  *y«, 
 c  (lull  he  not  a  Ford  his  hclpe  and  aililtance  to  the  indangered  Ship?  Tiu  y  what  dcK-p*b. 
 cmadne  fe,  or  rather  impiety  wiU  this  be  >  Seeing  then  (as  Flito  faith)  tyranny  is 
 c  a certaine  phrenie  and  drunkcnneiTe,the  Prince  may  u  terlyiubvert  the  Republikc, 
 f  the  moli  or  the  Mobles  may  collude,  connive,  or  at  lea  r  are  fa  r  afleepe  :  the  peo- 
 c  pic  who  are  Lords  of  the  Republikc,  by  the  fraud  or  negligence  of  thele  miniiters, 
 <  which  is  their  faulty  re  reduced  into  greatest  ftraights  Jin  the  meane  time  there  is 
 coneofthe  Nobles  which  con  iders  the  incroaching  tyranny  ,  and  detells  it  from 
 c  his  foule,  what  thinkeit  thou  is  now  to  be  done  againit  him  by  this  man^Shall  he 
 coneIy  admonifh  his  Colleagues  of  their  duty,  who  thcmfelves  doe  as  much  hurt 
 cas  they  may?But,belides,as  it  is  perillous  to  admonilli,md  in  that  irate  of  things  it 
 c  may  be  deemed  a  capital!  crime,  (hall  he  do  like  thofe.who  contemningother  helps, 
 
 *  calling  away  their  amies,  fhali  cite  Lawes,and  make  an  Oration  concerning  juftice 
 camonsjthceves,  inthcmidllofawood'but  thistruly,  is  that  wchiscomoly  (aid,to    ,       .  /  etme 
 c  be  madde  with  reafbn  :  What  then  r  lha!l  he  grow  deate  at  the  peoples  groancs?  (UliQum 
 cfhall  he  be  filent  at  the  entrance  o."  theeves:  or  ihall  he  finally  grow  lalie,  and  put  Irs  i/j  D  ,4c  re  mi* 
 c  hands  into  his  boibme?  But  if  the  La  wet  appoint  the  punilhment  of  a  Traytor  '•'■'• 
 <again!tone  weiring  buskins  on  his  legs,  who  counterfeits  fickneflc  for  fear  of  the  e- 
 
 c  nemies,what  puniihment  at  leaft  (hall  we  decree  againfl  him  ,   who  cither  through 
 c malice, or  (loathful  neife,  :hall  betray  thoie  whom  he  hath  undertaken  to  protect  \ 
 c  But  rather  lie  fhall  command  thoie  things  that  arc  necdfull  to  fuch  as  are  wary  by 
 c  a  Mariners  (hout;hetlull  take  care  lelt  the  Common-wealth  receive  anv  detriment, 
 c  and  lhall  prcierve  the  Kingdome  even  againfl  the  Kings  wil  dnd  rcii;tance,by  which 
 c  he  himfelfc  becomes  a  Kingman. I  (hall  cure  the  King  himielte  as  a  trantick  man,  by   Cni'u. 
 c  binding  his  hands  and  feet,  it  he  may  not  otherwiicdoe  it.For,as  we  have  faid,th 
 cunivcrfall  government  of  the  Realm*  is  not  committed  by  the  people  to  the  King,  D  A  ei  Foa- 
 c  as  neither  the  ovcrlight  of  the  whole  Church  to  the  Pope,  but  to  every  one  of  the  '■"" 
 c  Nobles  according  to  his  power.   But  certaincly,  becaufe  concord  proceeds  from  u- 
 cnity,  that  there  (hould  be  no  emulation  among  Peeres,  a  King  was  inttituted,who 
 
 Bbb  2  <0.ould 
 
%96 
 
 The  SoVeraignpower  of  Parliaments  and  Kingdoms. 
 
 L.  g.D.cfe  ad* 
 
 mini  ft. fy  perk, 
 
 D.defufpetLw, 
 &  curat. 
 
 lMtccat}likl> 
 
 ViQdor,Li>e. 
 37- 
 
 c  mould  hold  theiupreme  place  in  theadminiftration  of  the  Common-Wealth.  The 
 f  King  fwears  that  he  will  feeke  the  fafety  of  the  Realme5the  Nobles  fwear  every  one 
 cthefame  by  himfelfe  :  whether  therefore  tta  King  or  moil  of  the  Nobles  neglecting 
 €  their  oath3(hal  either  deftroy  theCommon  weale,or  delert  it  being  in  danger,  ought 
 f  the  reft  therefore  to  defert  the  Republike,  or  at  leaft  be  lefle  bound  to  defend  it,  as 
 c  if  they  wereabfolved  from  their  oath  >  But  rather  then  efpecially  they  ought  to 
 c  (hew  their  fidelity,  when  as  others  neglect  it,  efpecially  fincethey  were  principally 
 c  inftituted  for  that  end,  Jike  the  Ephori ;  and  every  thing  may  then  be  reputed  juft, 
 c  when  it  attaines  its  end:  whether  truly  if  many  have  promi  fed  the  fame  thing, 
 c  is  the  obligationof  the  onediflblved  by  the  perjury  of  the  other?  whether  ifma- 
 f  ny  be  guilty  of  the  fame  finne,  arc  the  reft  freed  by  the  fraud  of  one  ?  Whether, 
 cif  many  Co-gardian sill  defend  their  Pupill,  ftallone  good  man  be  lelTe  boun 
 c  with  the  burthen  of  the  wardship  through  their  default  ?  But  rather,  neither  can 
 ctheyavoyd  the  infamy  of  per  jury,  unlefte  they  endeavour  to  fatisfie  their  truft  a 
 c  much  as  in  them  lieth ■;  neither  can  thole  exempt  themfelves  from  the  danger  and 
 'judgement  of  a  Gardianfhip  ill  adminiftred,  unlefle  they  implead  the  other  Gar- 
 c  dians  fufpe&ed  5  when  as  verily  oneGardian  may  not  only  implead  the  reft  fufpe- 
 c  fted,  and  take  care  of  thole  to  be  removed,  but  alio  remove  them.  Therefore  thole 
 Q  who  have  promifed  their  aide  and  affiftance  to  all  the  Realme  or  Empire .  fuch  as 
 c  Earles  of  the  ftable.  Marshals,  Senators,  and  the  reft,  or  thole  who  have  done  it 
 cfpeeially  to  any  County  or  City  which  may  make  a  part  of  theRealme;  as  Dukes, 
 c  Marquefles,  Earles,  Majors,  and  the  reft5  are  bound  to  aide  the  whole  Common- 
 
 *  weale  opprefled  with  tyranny,  or  that  part'thereof,  which  the  people  have  corn- 
 c  mitted  to  them  next  after  the  King.  And  thele  truly  ought  to  vindicate  the  whofe 
 '-Gomrnonweale  from  tyranny,  if  they  be  able-  thole  asGardiansaffigned  through- 
 c  out  Counties,  that  part  of  the  Realme  whole  defence  they  have  undertaken ;  Thefe 
 c  I  (ay,  are  bound  to  reftaine  a  tyrant,  thole  to  drive  him  out  of  their  coafts.  There- 
 '  fore  Mattathiai  as  one  of  the  Nobles,  the  reft  partly  conniving ,  partly  colluding- 
 €  when  Antlochm  tyrannically  opprefled  the  Kingdome  of  jM^,fpeakes  thus  to  the 
 €  people  ready  to  take  up  armes  :  Let  Us  reftore  the  ftate  of  our  people5Iet  us  fight  for 
 c  01?*:  people,  and  our  holy  places:  whence  it  plainely  appearcs,  that  we  may  not 
 c  onely  lawfully  fight  for  Religion, but  for  our  Countrey ;  for  an  hearth  I  lay, 
 cnoleftjuftly  then  for  our  Altars,  and  take  up  amies  againft  fuch  a  tyrant  as  he 
 *Was:  neither  are  they  blamed  by  any,  for  recovering  the  Kingdome,  but  that  they 
 c  claimed  the  royall  dignity  to  themfelves,  which  pertained  to  the  Tribe  of  Iudah . 
 c  Many  pertinentexamples  to  this  purpole  occurrein  Hiftorians.^rZu#wr  governor 
 c  of  A4ediay  flew  S  ardanapalm  {pinning  among  women,  and  fpending  the  royall 
 'treafure  among  whores.  Vindtx  Prefident  of  the  French^  and  Galba  of  the  Spa— 
 c  niards  revolted  from  N«^,together  with  all  France  and  Spaineythe  Senate  conniving 
 c  at  his  tyranny.  But  efpecially  that  Laconic^  judgement  is  obfervable,  which  verily 
 Q  proceeding  from  that  Senate,  ought  to  pafle  into  a  thing  adjudged  among  all  Na- 
 tions. W hen  the  Laced* monians  poflelled  'Byzantium  ,  they  made  Clearches  Cap- 
 *taineof  the  Army,  Governour  of  the  City,  who  taking  corne  from  the  Citizens, 
 Miftributedit  to  the  forraine  fouldiers ;  but  in  the  meane  time  the  families  of  the 
 
 *  Citizens  peri fhed  with  famine.   Anexilaus  therefore^one  of  the  Magiftrates  of  the 
 ^Citypmoved  with-dut  tyranny,  agreed  with  Akibiadu.  about  the  yeejding  up  of 
 
 <jhis 
 
The  Soveraigtt  potter  of  V arlwneitts  and  i{irigdmt. 
 
 97 
 
 c  his  Countreyto  him,  and  hcfoone after h  rccchcd  into  the  City.   A>  bdng 
 
 'aocufedat  Spgrta  for  ycelding  up  ot  ^  pleaded  his  caufe  himfeife,  the 
 
 c  Sfartattes  abfolved  the  man ;  becaufc  they  laid,  wan  e.c  were  to  be  v.  aged  frith  tne- 
 •mkSj  not  with  the  nature  of"  things;  now  nothing  is  more  rq  ui'nant  to  natuie, 
 1  then,  if  thofe  who  arc  bound  to  defend  a  City,  became  more  unjuft  then  the  ene- 
 c  mics.  Thus  the  Lmt&mbniMU  determined  juftly,  to  whom  (carte  any  good  K 
 c  will  not  alfent;  verily  thofe  who  defire  to  rule  well,  care  not  at  all  what  h  deter- 
 c  mined  concerning  tyrants,  or  whatthc  Nobles  or  people  themfelves  may  doc  by 
 cLaw.  But  we  muft  yet  proceed  further.Every  one  ofthe  Mariners  is  bound,  it  the 
 c  Ship  be  endangered  through  the  default  or  negligence  of  the  Ship-mailer,  to  nut  to 
 
 *  his  helping  hand  :  every  one  of  the  Nobles  is  bound,  if  the  Kcpublike  pcrim  oy  the 
 cwickednefTeorcarelelhefleof  the  Prince  and  his  Colleague's,  to  helpc  it,  being 
 Mike  to  fall,  and  to  vindicate  the  whole  Kingdomc,  or  at  leaft  that  part  thereof 
 c  which  is  committed  to  him,  from  tyranny.  But  then   (hall  it  be  lawful!  for  every 
 
 *  ordinary  flave  to  doe  the  like?  or  peradventurefhall  it  belawfullto  Hcrdomm  Sj- 
 cbimtf,  EunoSttrurJUf,  Spartacuf  the  fencer,  or,T  fay,  to  any  private  man  to  enfran- 
 
 *  chifefervants,  toftirreupSubje&stoarmes,  finally  to  combate  with  the  Prince, 
 f  if  tyranny  urge  them?  No  verily.  Therepublike  is  not  committed  to  (Ingle  or 
 c  private  men,  yea  they  thcmfelves  are  committed  to  the  care  of  the  Nobles  and  Ma- 
 c  giftrates  no  otherwise  then  Pupils.  Therefore  they  are  not  bound  to  defend  the  Re- 
 c  publike,  who  cannot  defend  themfelves.  The  (word  is  not  committed  to  every  man 
 c  neither  by  God,  nor  by  the  people;  therefore  if  they  draw  the  fword  withoirt: 
 c  command,  they  are  feditious,  although  the  caufe  may  feeme  to  be  ju(t.  Finally, 
 c  private  men  doe  not  make  the  Prince,  but  all.  Therefore  they  ought  tocxpeft  the 
 'command  of  all,  or  of  thofe,  I  fay,who  reprefent  all  in  a  Rcalmc,Countrey  or 
 c  City ,which  may  make  a  part  of  the  Realme,  or  at  leaftof  one  of  them,  before 
 cthcy  attempt  any  thing  againft  the  Prince.  For  as  a  Pupill  cannot  bring  an  acYion 
 c  without  authority  of  his  Tutor, although  the  Pupill  be  truly  a  Lord,  and  the 
 'Tutor  onely  is  reputed  for  the  Lord,  as  farre  forth  as  appertained  to  his  tutelary 
 c  providence  :  So  neither  may  the  people  doc  ought,  but  by  the  authority  of  thofe, 
 1  on  whom  they  have  transferred  their  authority  and  power  ;  whether  they  be  or- 
 dinary Magi  Urates,  or  extraordinary,  created  in  a  publike  Aflembly;  whom,  I 
 c  fay,  they  have  guirded  with  the  fword  for  this  purpofc,  to  whom  they  havedc- 
 c  livered  themfelves  up  to  be  governed  and  cared  for  ■  who  finally  like  that  Pretor 
 cof  Rome,  who  judged  betwecne  fervants  and  mailers,  are  truly  conftituted  in  that 
 'place,  that  if  any  contention  arifebetweene  King  and  Subjects,  they  may  fl:cw 
 e  themfelves  Judges  and  RedrefTors,  left  the  Subjects  themfelves  fhould  pronounce 
 c  fentence  in  their  owne  caufe.  Therefore  if  unjuit  eultomes  or  grievous  taxes  be 
 Mmpofed,if  things  be  done  againft  pacts  or  fraudulently,  and  yet  not  one  of  the 
 c  Nobles  fpeakes  againit  or  refills  it,  let  them  thinke  they  muft  thca  ft  ftill,  mu\ 
 c  thinke3 that  the  beft  Phyfitians  to  prevent  or  take  away  a  di(ea(e,  doe  oft-times 
 cprefcribe  the  opening  ofa  veinc,  the  evacuation  of  humours,  yea  and  feafi 
 ction.  For  fuch  is  the  nature  of  things,  that  Scarce  any  miichiefe  can  be  edred 
 c  without  another-  fcarceany  good  may  be  acquire  Iwithout  diligent  labour.  They 
 £  have  the  example  of  the  people  under  v  who  refufed  not  the  grievoi c 
 'bucesimpofedon  theni  for  the  building  of  the  Temple,  and  fortifying  the  K 
 
 BJbb  3^  iier 
 
 L.i.cctfSidi' 
 
 ti  fit. 
 
 LJI.9.O.   it 
 tHitr.  (ycw-i:. 
 
 1!.  8 
 
 * 
 
198  The  SoVeraign  power  of  Parliaments  and  Kingdoms. 
 
 '''dome  3  becaufe  they  judged  thole  things  to  be  impofed  by  the  publike  Councell, 
 S.toYne  glory  of  God,  the  beauty  and  ornament  of  the  Republike.  They  have  like- 
 *  wife  the  example  of  Chrift  our  Saviour,  who  although  he  were  the  King  of  Kingsj 
 'yet  becaufe  he  then  fuftaineda  private  perfon,  he  payed  tribute  willingly.  If  the 
 John  j4-v.  30.  c  Nobles  and  Magi  lira  tes  themfelves  favour  apparent  tyranny,  or  at  leait  oppofeit 
 '  not,  they  may  remember,  that  for  the  finnes  of  the  people,  Gcd  fuffers  Hypocrites 
 c  to  reigne ;  whom:unlefle  they  turne  themfelves  to  God  wi<th  all  their  heart, cannot 
 'be  overturned  with  any  engines.  Therefore  there  is  no  need  of  feet  or  hands, 
 '  but  bended  knees.  Finally*  they  mwft  fuflfer  evill  Princes,  wifh  for  better,  and 
 'thinke,rhey  muft  beare  that  tyranny  with  a  patient  minde  as  they  doe  haile, 
 c  ftormes,  tempefts,  and  other  naturall  calamities,  or  change  their  habitations.  T>a- 
 6  vid  retired  into  the  Mountaines,  and  fpared  Saul  a  tyrant,  becaufe  he  was  none  of 
 c  the  Nobles  of  the  people  :  Chri  ft,  becaufe  he  was  not  of  this  world  fled  into  Eiiypty 
 '  to  avoyd  Herods  tyranny.  Paul,  becaufe  he  defcribes  the  office  or  private  Ghritti* 
 '  ans,  not  of  Magistrates,  teacheth  that  they  muft  obey  Nero  hinafelfe.  But  if  all  the 
 'Nobles,  or  moft  of  them,  oratleaft  one  of  them  endeavour  to  reftraine  apparent 
 c  tyranny,  or  the  Magift rate  to  drive  it  from  that  part  of  the  Realme  which  is 
 'committed  to  him, if  he  befucha  one,as under  pretext  of  expelling  it,  may  not 
 'introduce  another  tyranny;  then  verily  afTembling  together,  they  may  run  who 
 'fhall  goe  fafteft  to  this  choyce  man,  they  may  earneftly  affift  with  their  feeteand 
 'hands,  and  as  if  God  himfelfe  had  given  a  figne  from  Heaven,  of  a  right  againft 
 'tyrants,  endeavour  to  free  the  Kingdome  from  tyranny.  ForasGodpunifleth 
 1%  l9t  'and  chaftifeth  the  people  by  tyrants,  fo  likewife  tyrants  by  the  people  :  and  that 
 '  is  a  perpetuall  truth  which  Syracb  fa  th ;  that  Kingdomes  are  tranflated  from  Na- 
 'tion  to  Nation,  for  the  iniquities,  injuries,  and  wickednefle  of  Princes,  and  that 
 'every  tyranny  continues  but  a  (hortfpace.  Thus  the  Captainesand  fouldiers  care- 
 '  fully  executed  all  the  commands  of  hhojada  the  Highprieft,  in  revenging  the  ty- 
 '  ranny  of  Queenc  Athaliah  :  Thus  all  the  godly  men  of  Ifrael  went  to  the  Macca- 
 '  bees,  partly  that  they  might  defend  the  true  wo r (hip  of  God,  partly  that  they 
 '  might  free  the  Republike  againft  the  impious  and  unjuft  attempts  of  Antmbw  . 
 '  yea  God  favoured  their  juft  endeavours,  and  gave  them  profperous  fuccefle.  What 
 'then?  May  not  God  likewife  out  of  private  men  themfelves  raife  upfome  aven- 
 '  ger  of  tyranny  ?  Cannot  the  very  fame  who  raiieth  up  tyrants  out  of  the  people, 
 'backed  with  no  title,  no  pretext,  to  punifb  the  people,  likewife  raife  up  deliverers 
 '  alfo  out  of  the  loweft  of  the  people  \  Cannot  the  fame  who  enthralled  the  people 
 'to  Jabinznd  Eglm,  deliver  the  fame  people  by  Ebxd>  Barac,  Deborah,  and  as  it 
 'were  manumit  them  when  they  were  deferted  by  the  Nobles?  What  therefore 
 '  fhould  now  hinder,  thou  wilt  lay,  but  that  the  fame  God  who  hath  fent  Tyrants 
 '  on  us  at  this  time,  (hould  likewife  extraordinarily  fend  revengers,  of  tyrants? 
 cWhy,  if  Abab  rageth  againft  good  men,  if  Jezabel  fubornefalfewitnefles  againft 
 cNaboth,  fhall  not  there  be  alfo  a  Iebu,  which  may  extirpate  the  family  o\Ababy 
 c  who  may  avenge  the bloud  of  Nabotb,vjho  may  caft  downe  lezabel  to  be  torne 
 '  in  peeces  of  Doggcs  ?  Verily,  what  I  have  anfwered  before,  as  nothing  hath  de- 
 '  parted  from  the  juftice  of  God  at  any  time^  fo  not  from  his  mercy.  But  yet 
 '  fince  thole  evident  fignes,  by  which  God  was  wont  to  confirme  thefe  extraordina- 
 ry vocations  of  thofe  Worthies,  are  for  the  moft  part    wanting  to  us  in  this  age, 
 
 '  iec 
 
The  SoWraign  power  of  Parliaments  and  Kingdoms.  x  p  p 
 
 c  let  the  people  take  heed,  Ictt  whiles  they  fecke  to  paflc  over  Sea  with  .t  dric  foote, 
 c  fomclmportor  being  their  Captaine,  they  fallnot  headlong  into  a  gulfe,  which 
 'wereadibmetimestohavc  h.ipned  to  the  Jewcs :  left  whiles  they  feeke  a  reven- 
 ger of  tyranny  ,  they  perchance  follow  one,  who,  that  tyrant  being  expelled 
 
 c  will  tranilatc  the  tyranny it  lelfe  unto  himfelfe  :  lclt  finally  whiles  they  fecke 
 'deferve  well  of  the  Common-wealth,  they  militate  to  the  private Illft of  any#f6as 
 c  that  may  tall  out  which  hath  hapned  to  many  Republikes,  especially  the  Italian 
 c  whiles  that  they  endeavour  to  remove  the  prelent  cvill,thcy  brine;  in  a  fcrre  greater. 
 I  (hall  clofe  up  this  with  three  Authorities  more-  the  fii(t,of  Mr.  lobn Calvin,  who 
 pleads  as  much  for  obedience  to  Tyrants  and  unjuft  Magilhates  as  any  man  :  In- 
 flit.  lib.  4.  c.20./f#.  31.  I  alrvayes  fpea'e  of  private  men  :  For  if  then  be  any  p<puUr 
 Jlf agifl rates  con flitutcd  to  moderate  the  lufl  if  Kings  (fneb  as  heretofore  irere  the  tfborL 
 rrbo  nrert  oppofedto  the  L  ace  d<£  nun  ian  Kings,  or  Tribunes  of  the  people  againfl  the  Roman 
 Senate^or  the  "Demarcbi  againft  the  Athenian  Senates*  d  which  power  per  adventure  ,as  now 
 
 things  fland>  SLfce  ityzt  CEflatcs  \x\  all  fc  Incomes  enjop,  tofcen  t&rp  affcmblcj 
 
 J  am  fo  farre  from  inhibitingtkmto  toft&ttanD  (&C  tagtng  ItCmUOUOlclflOf  fcingf, 
 aCC0;t)(ng  (0  tytit  &ttt£  :  that  if  they  cimnive  at  Kings  outragioufj  encroaching  up  r/, 
 and  infulung  over  the  inftriour  common  people^  I  Jball  ajf.rme,   tjjat  tfcelr  MflbttOHKi" 
 
 on  toants  not  mfattous  pcrftctotfneffC;  becu'etijep  fcaifliilcnrlp  bctrap  (be  It* 
 bertr  of  tf>e  people  cf  tojncij  tfcepfenoto  l&cmfclbca  ojoafmo  pjotccto:s  bp  Cow 
 
 OJDtnattCC  The  iecond  is,  Hulderkw  Zuingliw  :  Expla?iatio  Artie.  42.  Quando 
 KM  per  fide  &  extra  Regulam  Cbrifli  (Principcs^  egerint,  poffmt  cum  Deo  dtponi,  con- 
 fenju  &  fnffraniii  totint,  aut  eerie  potior  is  partis  mnltitudinii.  Qh*>h  quando  id  fict^ 
 fit  major  pars  populi  bono  confentiat  ?  Ad  \yoc  dico  quod  antea  5  fi  non  emfentiunt  ut 
 mi  urn  toll ant  3  ferant  jugum  Tyranni,  &  demum  cum  eo  pereant.  Nee  querantnr  fibi 
 jieri  in juriam  ,  cum  fua  culpa  id  meemtur  nt  quidvU  patiantur.  Quis  ergo  mire  tut 
 fi  popuhn  oh  fitgitia  &  fceUra  Trincipum  ptnas  luat}  Trimum,  enrnm  juxta  na- 
 ture rcgulam  cum  proximo  agimur  ?  Sic  enim  onmes  fr aires  tffttHW9  I"  Trincipe nuU 
 hefjlt  npitr.  Veinde^cur non  Cummn  fludio  juflitiam  fdiarnur ,  &  exo'am  babemw  in- 
 juftitiam  omnest  Sic  enim  faci'c  fieret  ut  unanimi  confinfu  tyr annum  officio  mozercmus. 
 Nunc  cum  tarn  tepid i  fumw  in  tuenda  ftftitia  pullica,  finimus  ut  impune  vitia  Ty- 
 rannorum  hodie  regnent,  Mcrito  ergo  ab  i'dis  conterimur^  &  tandem  cum  iUis  luimt+f.  N~n 
 trq^o  defunt  v'i£  per  quat  tyranni  toll antur,  fed  dee fl  publica  juftitia.  Caittc  lobit 3  0 
 Tvranni,  EvangeHum  enim  Jcru  Chrifli  late  fparfum  vitam  multorum  innozabit  ut  in- 
 ?u;enti<e  &  jufiiti*  plurimi  fttde  mty  ati  &  fi  vns  ^.uducriiif,  (ummo  benorc  V0S  prort- 
 quanturjfln  furere   &  vim    facere   ftfTtxtritit  ,   omnium  pidii  us  cviculcabimlni.  So  he 
 
 Thela-lHs  the  cenerall  Union  of  the  States  of  the  united  Pi  ovince55to  defend 
 their  Liberties  and  f\eliaion,made  at  2?r;'jje//,the  tenth  or'  January  1577.  thus  rela- 
 ted by  Grimflun  in  his  HiuVry  ot  the  Netherlands  I.  1  o./>.  492.  493. 
 
 The  States  feeing  themfelves  ingaged  in  warrc  on  all  ndes  againS  the  Spaniards, 
 f  who  were  proclaimed  enemies  to  the  Countrey)  fearing  fomc  dif-union  amonglt 
 themfelves,  by  the  inticing  perfwafions  of  inch  as  fought  to  difmembei  them,  they 
 rcfolved,  before  that  Von  jw»  mould  cntet  into  theCountre\\tomakea  generall  u- 
 nion  among  themielves,  as  well  Prelate?,  Noblemen,  and  Townes ,  as  of  others  of 
 the  (eventeene  Provinces  -which  watallowed  by  the  Lords  of  the  Councell  of  State, 
 deputed  by  the  ICing,  for  the  government  generall  of  the  faid  Counu  Kcfl  ,  whereof, 
 
2do  ?bt  SeVeraign  power  of  Parliaments  andKingdoms. 
 
 the  Originall  remaines  in  the  cuftody  of  the  States  of  Brabant.Of  which  Union,the 
 Tenor  followeth, 
 
 A  general!  Union  of  the  States, 
 
 c  \  7\  /E  who  have  figned  thefe  prcfents  5  Prelates ,  Church-men,  Noblemen, 
 c  V  V  Gentlemen,  Magiftrates  or  the  King,Townes,  Gaftles,  and  others,  ma- 
 c  king  and  reprefenting  the  States  of  the  feventeene  provinces  ,  being  prefently  a£ 
 <iembled  in  this  Towne  of  BrufTels,  and  others,  being  under  the  obedience  of  the 
 c  molt  high,  mighty,  and  famous  Prince,  King  Philip,  our  Soveraigne  Lord  and  na- 
 c  turall  Prince ;  we  give  all  men  to  understand,  both  prefent  and  to  come.  That  fee- 
 c  ing  our  common  Countrey  affli&ed  by  a  more  then  barbarous  and  tyrannous  op- 
 c  preffion  of  Spaniards,  we  have  beene  forced  and  moved  to  unite  our  (elves  toge- 
 ther, and  with  Armes,  Counfell,  Men,  and  Money,  to  aflift  one  another  againfi 
 c  the  (aid  Spaniards,  and  therr  adherents  •  being  declared  Rebels  to  his  Majefty,  and 
 
 *  our  enemies.  And  that  this  union  and  conjunction  hath  beene  fince  confirmed  by 
 c  the  Pacification  laft  made ;  and  all  by  the  authority  and  confent  of  the  Councell 
 c  of  State,  committed  by  his  Majefty  for  the  general!  government  of  the  faid  Coun- 
 c  tries :  And  as  the  pretended  end  of  this  Union  requires  all  fidelity,  conftancie,  and 
 c  naturall  affiitance  for  ever ;  and  that  we  would  not  by  any  miiprifion  have  cauie 
 c  of  jealoufic  or  mift  ruft,  and  much  leffe  of  any  bad  affecYion  or  difpofition  of  any 
 c  of  us ;  but  contrariwife,to  have  the  affaires  of  the  faid  Union  eflefted  with  all  the 
 cfincerity,  fidelity,  and  diligence  that  may  be,  fo  as  not  any  of  the  fubje&s  and  in- 
 c  habitants  of  the  faid  Countries  and  Province  may  have  any  juft:  caufe  to  be  difcon- 
 c  tented,or  to  doubt  of  us : 
 
 €  For  thefe  considerations  and  reafons,  and  that  nothing  may  be  treacheroufly 
 
 *  done,  to  the  prejudice  of  our  common  Countrey,  and  juft  defence;  or  that  omit- 
 ted by  negligence,  which  (hall  be  neceffary  for  our  juft  and  lawful!  defence ;  We 
 c  have  by  vertue  of  our  power  and  commiflion  refpecYively,and  otherwife  for  us  and 
 cour  fucceflbrs,  promifed  and  doe  promife,    by  the  faith  of  Chriftians,  of  honelt 
 
 *  men  and  true  Countrey-men,  to  keepe  and  entertaine  inviolably  for  ever  the  (aid 
 
 *  Union  and  Aflbciation  5  fo  as  not  any  one  of  us  may  breake  or  fall  from  it ,  by 
 c  diffimulation,  fecret  intelligence,  or  in  any  fort  whatfoever.   And  that  for  the  pre- 
 
 *  fervation  of  our  holy,  Catholike,  and  Pvomifh  Faith,  and  the  accomplifhment  of 
 c  the  Pacification,  as  alfo  for  theexpulfion  of  Spaniards  and  their  adherents  fwitli 
 c  all  due  obedience  to  his  Majefty)  for  the  good  and  quiet  of  our  Countrey,  and 
 
 *  the  maintenance  of  our  Priviledges,  rights,  Freedomes,  Statutes,  Cuftomes,  and 
 c  antient  ufes :  For  theeffe&ing  whereof,  we  will  ufe  all  meanes  poftible-  imploying 
 cboth  Money,  Men,  Counfell,  and  goods,  yea  and  our  lives,  if  it  were  neceflary. 
 c  And  that  none  of  us  may  in  private  give  any  counfell,  advice,  or  confent,  nor  have 
 
 *  any  fecret  conference  with  them  that  are  not  of  this  Union,  nor  yet  reveale  unto 
 
 *  them  in  any  fort  what  hath  or  (hall  be  treated  of  in  this  Aflembly,  or  refolved;  but 
 c  fhall  wholly  conforme  himfelfe  according  to  our  gencrall  and  common  refb- 
 'lution. 
 
 c  And  in  cafe,  that  any  Province,  Eftate,  Countrey,  Towne,  Caftlc,  or  Houfe, 
 
 *  were  beiieged,  afoul  ted,  invaded,  or  oppreit  in  any  fort  whatfoever:  yea,  if  any 
 
 of 
 
The  Soveraign  poller  o/Tarliaments  and  Kingdoms .  20l 
 
 c of  us3  or  any  others  (having  indcavourcd  himfelfefbi  \  { \ 
 
 c  defence  thereof  againftthe  Spaniard  a8 
 
 c  well  in,  general  1  a^  particular)  (hould  be  (ought  after,  imprifoni 
 
 clefted,  or  cttfquicted  in  his  per(bn,ar..  ,  honour,  an  I 
 
 c  we  promife  to  <jive  him  alliltance  by  all  the  i.u  d  mear.es  j  yea,  and  l 
 
 c  liberty  of  them  that  (hall  be  imprifoncd,  cither  by  tovee, 
 
 c  paint  to  be  degraded  of  tfceir  Nobility,  Name,  Armes,  an  1  Honou  leld 
 
 c  Perjured, difjoyall,  and  enem  mr  Countrey,  before  God  and  men,  and  to  in- 
 
 ^enrre  the  note  of  Infamy  and  cowardife  for  ever.   And  for  t  of 
 
 *  this  our  holy  Union  of  Aflbciacion,  we  have  ligncd  thefi 
 
 c  Underneath  were  the  l.gnaturcs  of  the  Deputies  of  every  Province,,  I  \To- 
 
 c"blcmcn3  and  CommiifronersforTowneS:  and  underneath  them,  V  ten  the 
 
 c  agreation  of  the  Councell  of  State,  as  folio  wcth  :  The  Deputies  all 
 
 cElhites  heir  under-written,  having  required  them  of  the  Councell  ,  com- 
 
 c  mitted  by  his  Majelty  for  the  government  of  the  Netherlands,  to  confent  unto  and 
 c  allow  of  that  which  is  contained  in  the  Union  above  written  :  The  Councell ,  in 
 c regard  of  thefaid  rcque'i,  and  the  reaions  therein  contained,  have  as  much  as  in 
 c  them  lay,  allowed,  and  doe  allow  by  ,  aents,  the  laid  Union,  according  to 
 
 c  the  forme  and  tenor.  Made  at  Brujjilj  in  the  State-houfe,  in  the  Aflembly  of  the 
 Maid  States,  the  tenth  of  January  1577.    And  underneath  was  writ: 
 
 Bj  the  cemman  element  of  the  Lords  of  the  Councell  of  St;; 
 
 Signed;  Berrii. 
 
 '      If  any  mail  here  objeft;  that  (*)  Kings  are  of  divine  indite  bence,D<  1. 
 
 patiajCBy  the  grace  of  God)  is  peculiarly  annexed  to  their  Titles^  and  not  communi- 
 cated unto  Subjects.  Therefore  though  they  prove  never  (b  or  tyranni- 
 ca!l,thcy  may  in  no  wife  be  forcibly  reu:led,or  quctticnea  by  th 
 liaments  for  their  crimes. 
 
 I  aniwerbrjefelyCbecaufc  I  bave(yeUwhere  \.\:^ly  diffipated  thus  objecYion)Fii 
 that  Kings  are  no  moreof  divine  inftJttttion9  then  any  other  inferiour  [ 
 Officers,  or  Princes  wh.  ;asthe!(cj)S     ,'         ibundam' 
 
 inferiour  Magi 
 
 i,dnd.by(  liable.    But  they  I 
 
 tees  arid  nrfifdemeanors  contrary  to "their  func\ipn,maybcboth  forcibly  re  hit-   1  <■    •  u. 
 
 leprivedj  red  ,  notwithftan 
 
 : and inltitudon  ^ as the Canon  >uncels,t 
 
 thecxore[leie:terofthc26.  /,  with 
 
 Canons  and  Can  :e.l :  Therefore  tyrannicaH  degenerating  Kin:  1  Co 
 
 too.  bvthell'  ;n5inibi;.  „„  .    ,, 
 
 C 
 
z 0  l  The  Soyeraign  poller  of  Parliaments  and  kingdoms. 
 
 Thirdly,  this  Title  of  Vet  gratia,  in  publike  Writs,  anciently  bath  bcene  ,  and  yet  it 
 (f)  Ragifler.  common  to  Bifljops ,Prelates^  inferiour  A'lagifirates    a?id  Stibje&s,  as  well  as  to  Kings,  as 
 V***'  fj'7*'  fiwdry  precedents  (f)  in  our  Law boohes, (g) Matthew Taru^ti) Salon^vith  other*  atfeft 
 3l    A  ,jY,  zndMr.  John  Selden'm  his  Ti  ties  of  Honour,  part.  i.chap.y.'SeB.  z.p.i2$.  profef- 
 58. 44.54.55'  ^dly  proves  at  large,  to  whom  I  (hall  referre  you  :  But  theie  both  lawfully  may  be 
 Far;   1.  »86.  and  alwayes  have  beene  forcibly  refitted,  qucftioned,  convented,  deprived,  cenfured 
 3°?>  503. jos.  for  their  tyranny  and  mifdemeanors,  notwithstanding  this  their  itile  of  Dei  gratia 
 1?£  *<°%x  16.  ^pretence  of  divine  infticucion :  yea,  we  know  that  Bifhops  have  beene  lately 
 29  31  3^.  42.  thruft  outof  many  Churches,  notwithstanding  their  long  pretended  Jus  Vizi- 
 47.F»{.  Nat.  mm  to  fupport  their  Hierarchy;  and  John  G  erf  on  a  Papift,  hath  writ    a    parti- 
 f^'wir)       cular  Treatile  T>e  Auferibilitate  fap£,  notwithstanding  the  Popes  pretended  Divine 
 VeiGKATlA  Title  to  his  Monarchy,whichmay  be  now,  and  one  day  (hall  be  totally  a boli (lied • 
 Elienfif  Fpifc.  Therefore  tyrannicall  degenerous  Kings,  may  be  juftly  refitted,  cenfured;,  deprived1, 
 &c  Mattkeus  as  well  as  they,  and  royalties  changed  into  other  governments,  by  the  peoples  and 
 Pars. p.  in.     kingdomes  common  confents,  if  they  fee  juftcaufe. 
 
 Relelln"^  ^  an^  ^econ^y  objeft  :  *  That  Kings  are  annoynted  at  their  Coronation ;  There- 
 
 Tdurin.  $6*.    '   fore  tneir  perfbn  s  are  (acred,  irrefittible,  unqueftionablc ,  unpunifhable^  for  any  ty- 
 Objetf.  2,      rannicall  or  exorbitant  a&ions  whatsoever. 
 
 ♦S.eMr.W-       Ibriefelyanfwcr  ifirit,  that  every  Chriftians  Bap tifme,  Cbeing  a  Sacrament  of 
 
 gw  Titles  of  Chriftsowne  institution)  at  leaft  his  (piritaall  un&ion  and  fan&if cation  ;  (as  I 
 
 i.S/T''  have  (0  formerly  proved)  makes  a  perfon  as  facred,  yea  more  holy,  then  Kings  an- 
 
 .(])  Paru$.'p.    noynting  (behigno  Sacrament)  can,  or  doth  of  it  felfe  make  the  perfon  of  any 
 
 'Z9.  to  o4o         King  whatfoever.A  truth  which  no  Chriitian  can  without  blafphemy  deny.BucBap- 
 
 tifme,  and  the  inward  unfrion  of  the  fpirit  of  grace  and  fan&ification,  exempts  no 
 
 ChrilHans  from  refinance,  cenfure,  punifhments  of  all  forts,  in  cafe  they  commit 
 
 any  exorbitant  or  capitall  crimes;  as  experience  tels  us:  Therefore  Kings  Coronation 
 
 (k)?art.  $.p.  annoyntings  cannot  doe  it. 
 
 €unl*':d€tRs-        Secondly  ,(^J  Priells  anciently  were  and  at  this  day  too  in  the  Roman  Churchy  are  an- 
 fubiMeb*-*  /.j.  ™jnted  *s  tveU  as  Kings ;    and  fo  are  children  and  ficke  per  Cons  (that  I  fay  not  Altars 
 <~.i4.PcntJf&  Behy&c.^ with Chrifme and extreameVnfi ion:  But  thefe  Unctions  conferre  ho  fuch 
 Cmmniak      immunity  to  Prieits,  children,  ficke  men,  others,  &c.  Therefore  neither  can  this  an- 
 XV)AdTi     d    n°ynt*ngd°e  lt  to  Kings,  efpcciallynow,  being  no  divine  inftituticn. 
 Stat  Hon.L . ''         Thirdly,  The  annoynting  of  Kings,  is  not  common  to  all  Chriftlan  Kings  (.ma- 
 (m)Delmpqu-  ny  of  them  efpecially  in  former  times,  having  beene  crowned  without  any  an- 
 iS.&  19.         noynting  at  allj  but  peculiar  to  Emperours9  and  to  theKings  of  lernfakmy  France 
 iP  it*  far 1€^'   ^nllan^  andSic;/y,  the  foure  annoynted  Kings,  vnely,  as  (I)  Albericw,  Qn)  Ktftanrm 
 Setl\6.     U  *    CtfaMiWy (»)  Antoniw  Corfetw,{n)  Az,oriits0(p)Ca~{Jan£HS,ind (jf)fundry  otfjers affirme 
 (0)  Moral,  ft.   out  of  the  old  Roman  Provincial! :  though  iome  other  Kings  have  now  and  then 
 fiitparsi.l.10  beene  annoynted  when  they  were  crowned,  as-Mv.Selden  proves.   Since  therefore 
 r'\c        •       a^  Kings  perfons  are  reputed  (acred,  as  well  as  thefe  foure  who  are  annoynted  •  and 
 eioriTmunJi    tnek  Kingsas  fooneas  the  Crowne  defcended  to  them,even  before  their  Unctions 
 P1.  C<mfid.i%.   and  Coronations  were  deemed  as- (acred  and  inviolable  as  before  5  it  is  certaine,that 
 (q)  See   Mr,  their  very  enoyling  of  it  felfe  makes  no  addition  to  their  peribnall  immunities 
 feldens  Titles   from  ju(|;re(]^ance,publikecenfures,  or  deprivations  for  «;rorTe  unfufferable  nub-, 
 of  Honour,       i»i         •  * 
 
 r*  "ic.8.        like  crimes. 
 
 ',V /f'. '  Fourthly ,the  annoy ntirig-of  ChriftianEmperours  srad^Kirigs  is  not  very  ancient- 
 
 4. ...  -      Char!?*-* 
 
The SoVeraign poVer  of  Parliaments  and  Kingdoms.  103 
 
 ttomne  from  Heaven  to  anmynt  him  with,  (a  ridiculous  Monkilh  fable,  much  m     U  | 
 
 on  by  (x)  hocbeUw  and  other  Frtm:b'ontnJ  who  relate  the  grand  folemnhyafcd  in  ' '  - 
 
 the  carrying  and  recarrying  of this  Ubulms  ViaSat  the  French  Kings  cJommitm)  '  s 
 
 being  not  at  his  CoronjtiMydf  nuny j'md'y  miftakg,  but  oncly  at  his   bapiumt ,  as  Mr.    4,5 
 Sclden  manifeits  by  pregnant  authorities;  The  annoynting  or  Kings  is  tarrc  more  4mU 
 ancient  in  England  then  In  any  other  Rculmc,  (y)  as  Mr.  Selden  notes  out  of  GIL    '  W 
 i*.  yet  Egfert  is  the  firit  ot  .whole  annoynting  there  is  any  intimation  in  our 
 Hiltories3aboutthe  yearc  790.  To  adde  to  the  holinefle  of  which  ceremony,  fo 
 of  our  (z)Monh*s'm  latter  ages  have  forced  a  Legend  (as  good  m  that  uj  \ 
 
 at  Rheimes)  thit  the  Virgin  Mary  gazeto  Thomas  Beckct,  Artbbijbop  of  Cantcrtx  NCC 
 
 (duringhis  exile  under  Henry  the  fzond)  a  golden   Eagle  full  of  pre:  10 us  0 
 in, a  font  veflcU)  commanding  him  to  prefenm  it:  foretelling  />:w,  that  the  Kings  of  £n-   **'  "• 
 gland  -annoy filed  with  this  Oyle,  fbnnld  be  Champions  of  ihe  C.urci.K  .initially  and 
 
 victorious  of  long  at  they  bad  thit  Eagle  ,&  oyh  .How  late  the  Unftion  of  Kings  began  in  1   of 
 
 or,her  Realities,  you  may  read  at  large  in  (a)  Mr.  Selden^  and  how  the  later  Kin 
 of  Judah  were  annoymed,  an  J  with  what  unguent  or  Oyle,the  cm  ions  may  ix,\d  at  [',  * 
 leifure  in  (7>)  Cun<cus.   This  annoynting  therefore  of  Kings  being  notof  divine  H.b^.i.t. 
 inftitution  ,  of  fuch  puny  date  in  molt  Rcalmcs,   and  no  wayes  neceffary  nor 
 eiTentiall  to  theconilitution  or  Inauguration  of  any  Chriftian  King;  can  adde  no 
 irhmunity,or  priviledgeatall  tothe  perfons    of  Kings,  much    leile  exempt  them 
 from  all  forcible- reiiftance,  jult  cenfurcs,  or  deprivation  it  felfe,  if  there  be  jult  and 
 ceall  caufc  to  proceed  criminally  againlt  them  in  cafe  of  incorrigibility,  as  1  have 
 cite  where  more  fully  demonftrated,and  therefore  (hall  no  further  expatiate  in  this 
 particular  here:  onely  I  (hall  conclude  with  one  notable  Hhtory  which  proves  it. 
 
 I  read  in  *  Guliejmus  Neubrigenfts •  tbat  fir  an  hundred  yeans  %d  mosf^  '/   mmMffh 
 
 though  there  were  a  numerous  fuccefjion  of  Kings  in  Norway,j«tf  non:  of  them  ended  '  j„'_ 
 
 life  by  o'd  age  or  fickgejfex  but  all  of  them  perifticd  by   the  fivord,  fea 
 
 power  of  the  Re  a!  me  to  their  mur  direr  s^   as  to  their  lawfull  fuccefforj/a  m to   1  >i  r  |   4 
 
 areknowen  to  hope  reigned  there  for  fo  long  a  time,  th.it  nh  ch  is  mr'ttten  n'to 
 
 "have  reference ;  Haft  thou  flilncy  and  alfotaltcn  poffffion  Y  The  Not  is  L  mi  out 
 
 of  a  pious  endeavour*  deft  reus  to  he  ale  this  infamopa  mifchlefe^  obteh  -   7;,c;"r 
 
 of  a  Law  at  it  were  through  long  cuftome,  decreed^  That  themtpK.ii  1  be  folemtt- 
 
 lp  annopntca  toftM  mrdtcall  unction,  ans  ccctuneo r  fi  m  m  atom  fbsmid  do 
 from  tbencefirtbto  lai>ljan&$  on  tbe  5lo;Cs anncpnlcd :  For  tiUtbatthm  n 
 
 ion  hath  ever  heme  confederated  King  after  an  E'.ftafticali  manner,  bt 
 Tyrannically  jlaine  a  Kingy  put  on  the  perfou  and  power  of  a  iv/';;^  then  \ '  \yind  Lft  the  fame 
 likewife  after  a  Hale  1-  ■,  ly  a  lam  oj  inveterate  mftome,  mbi  h  f* 
 
 rilyyout  of  a  cert  atne  £b>tttia«  timy\itl{v}wx  thought  by  man)  to  have  beene  therefore 
 frequently  dimel  becanfcnoHe  Of  C^C  ^0;!21Ct  &tngS  had  i\  brved  to  be  initiated  tmtjjt 
 
 the  folemnittc  of  a  Kopall  Unction.  Therefore  ti*co  being  Jloi 
 
 Kinc]  jnge  jlaine  by  him^  when  tb*  '    Crownx   (eem   it§  h 
 
 THisazbUdy  )Nefbewto  Jnge3  ■  ' 
 
 Ccc  : 
 
xo4  T\x  Soyeraign power  of  Parliaments  and  Kingdoms. 
 
 creeycaufed  the  faid  child  to  be  folemnly  confecrated  tO  be  tyt  &O2&0  attn0pnte&5  and 
 crowned  with  a  Diadem.  By  which  deed  they  thought  thai  they  had  a  Prince  made  fared 
 ie  them j  and  that  the  difgrace  of  the  ancient  cuftome  was  thereby  abolifad..  But  when  Mag- 
 nus had  reig?ied  fome  few  ye  ares  in  great  prowcjje  and  happinejje,a  mo ft  infamous  Prieft 
 SueruSyfurnamed  Birkebain,  ufurped  a  Tyranny  3  twice  defeated  Magnus  by  warlike 
 JlratagemSy  and  at  Lift  utterly  routed  and  few  him  in  battel!  5  (notwitbftatiding  his  an- 
 7ioynting)  and  ufurping  the  Crowney  renounced  his  holy  orders^  married  a  wifey  and  would 
 have  beene  crow?ied  by  the  Archbijhop  of  that  Land  -  but  he  being  a  great  many  would 
 ?ieitber  be  moved  with  payers  nor  threat Sy  to -gftnopiit  atl  CXttitibll  !jea&  tofrgj  .f&- 
 CteD  vSinCtfon,/^  which  he  was  banifadthe  Countrey.at  laft  after  two  great  victories  againft 
 two  competitors  who  were  (laine^  Suerus  obtained  the  Roy  ah1  Crowne,  U)(f[)  mpQfcall 
 ^EncttoiTj/^1  the  hands  of  a  cert  line  Bifhop  compelled  thtreunto  under  paine  of  deatb9  as  it 
 rvcre  ficure  by  his  frequent Juccejfes  y  from  the  uncertaine  >md  of  a  long  pro.fpering  tyran- 
 ny'i&c.  By  which  Hiitory  it  is  evident,  that  it  is  but  a  childifh  (implicit)7  to  be- 
 Ieeve5that  the  ceremony  of  annoy  nting  Kings  can  of  it  felfe  make  Kings  perfons 
 facro-fanEt)  or  preferve  them  from  violence  or  anamination  s^urae  it  no  way  preven- 
 ted this  mifchiefe  in  this  Realme,  fnor  yet  in  any  other)  the  very  firft  King  for 
 whofe  perfonall  lafety  this  ceremony  of  annoy  nting  and  crowning  was  introduced 
 among  the  "Norwegians  and  Vanesy  being  not  long  after  flaine  by  his.  Subjects  and 
 competitor  in  battel!. 
 
 I  uhall  clofe  up  this  with  the  notable  ientence  of  deprivation  folemnly  given  and 
 executed  againft  We?zceflaus  the  Emperour^notwithitandinghisannoynting. 
 
 m  chronicoja-  The  fentence  of  Degradation  and  Deprivation  of  the  EmpeT 
 J?  ffi  roiir  Wencepus  King  ofRmans,  pronounced  by  the  Electors  of 
 
 tfiftorkomm.  the  Empire  in  the  yeare  of  our  Lord.    1 400. 
 
 Tom.  z.p.180* 
 
 £!  *»l  8l«  TNthe  name  of  God  Amen  :  We  John  by  the  grace  of  God,  Archbimop  of  the  Church 
 
 J  of  'MentZj  Arch-chancellor  of  the  fared  Roman  Empire  throughout  Germany.,  makg 
 kgowneto  aEmen  prefent  and  to  come*  What  various  y'man'ifoldi 'and  grievous  3  as  well  in- 
 eommodities  as  difcords D  have  for  many  yeares  face  beene  brought  into  the  holy  Church  con- 
 tinuing even  to  this  prefenty  and  daily  fpr outing  up  more  abundantly  to  the  moft  grievouf 
 convulfiony  imminutioUy  anddiffipation  of  the  fared  Pvoman  Empive^which  ought  to  be  a 
 Garrifon  to  the  Church  of  God  and  theChriftian  world')  as  they  cannot  be  all  written^fo  the 
 mifchkfes  daily  i?icreafi?jg  do  manif eft ly  enough  teach  andconfirme.  And  for  this  caufe  the 
 Lords  SleUors  of  the  fared  Roman  Empire  3  the  ardent  petitions  of  the  holy  Churchy 
 Princes y  Nobles^  Cities y  Provinces  y  and  Subjects  of  the  fared  Empire^  intreating ,  dcfiring 
 a  prudent  Moderator^  have  long  agom  wry  often  and  feriouflyy  together  with  us  admonifhtd 
 the  moft ':ilIuftrious  Prince  Lord Wenceflaus  King  of  Bohemia  5  both  by  their  owne  and 
 their  friends  labour y  and  finally  by  letters  -,  and  have  diligently  fet  before  Im  eyeSy  privately 
 and  publihely  yhis  unbejeeming  and  deteftable  manners  and  anions  in  governing  5  m  alfo 
 the  defelisy  incommodities  and  difcords  of  the  faid  Church  and  Chriftian  worldy  lil^ewife  the  9 
 meft  grievous  avulftons  and  diminutions  of  the  members  of  the  fared  Empire  3  hurt  fully  I 
 doney  and  permitted  to  be  done\  againft  the  dig?iity  of  hi*  name  :  to  wit9  that  he  bath  not  pro- 
 mated  peace  in  the  Churchy  although  the  great  necejjityof  the  Chriftian  worldy  as.  likewijc  his 
 
 o$im 
 
The  Soveraignpofter  of  Parliaments  and  I\in«doins.  20c 
 
 'tired y  and 
 tie  Empire  ,  and  I  it  to  Lc   m/> 
 
 ■c  if  are  Millain,  and  the'l  I  omb&rdy  j  1 
 
 "RpyriXn  Empire,  m  \i  ampti  sntrretummgiheM 
 
 Millainciy'i/^.;  Mwifter$m joyed  it  js  a  tart  of  the  Roman  1  | 
 
 it  sty  toti 
 
 Milium,  ^/Papia.    Moreover 9he  hath ah 
 
 longing  t'1  the  Empire,  <*  rrell in  Germany  as  in  Ica]y5  fume  j. 
 fame,  having  little  confederation,  that  be  ought  to  retaine  them  witi 
 
 Moreover,  he  bath  fold  for  m  mey  to  his  friends,  very  many  naked  and  unwritten  T  I 
 went?,  ratified  notwitbfla?idwg  with  the   Seat*  of  his  Majefty^  wherein  it  was  I  .in 
 Loth  fir  them  and  others  into  whfe  hands  thejc  Parchments  came,  to  writi 
 plea'ed  uhder  the  roy  all  Scale.    Out  of  which  thing,)- r  the  hitrtfnll  'diminution  and  difipa- 
 tionofthe  rights  and  emoluments  of  the  J  acred  Unman  Empire,  gr  .  fits  are  >. 
 
 7tp.  Moreover  he  never had  any  are  of  the  controverfes  and  watte s$  which  (aloe  fororkj 
 have  miferahly  affitled  and  rubied  Germany  ,  and  other  lands  of  the  facred  Empire. 
 Hence  fpoy  'lings,  burnings,  and  robberies  have  Jpmng  up,  with  fuch  lamentable  i 
 ei'cnat  this  day,  that  none,  neither  Claris  nor  Laicks,  neither  husbandmen  nor  Merch.: 
 neither  men  nor  women, whether  by  land  orfea,  may  converfi  infafety.  1 'empks,  Monaco  . 
 and  religious  houfes, which  the  J  acred  Empire  ought  with  its  hand  toajj  }  are  ex* 
 
 pofed  to  rapines,  and  burnings,  and  reduced  to  defr  nil  ion. 'Things  are  gone  to  thy 
 very  one  mteht  have  hand led,  and  may  even  now  handle  and  her  at  his  j  kafi 
 fori  of  rii})l  and  equity,  without  any  feare  of  tlv  facred,  and  hng  defpifed  lmperiall 
 thority ,  fo  fit  even  the  place  sf  convent.  :  oj 
 
 right  may  be  undertaken  in  the  name  of   the  Empire,  is  altogether 
 which  is  horrible  and  dreadful!  to  be  fpokjsh,  both  with  his  ow 
 
 ther  wicked  inivraments  he  hath  with  him,  he  hath  put  to  death,  drowned  in  ?y 
 
 burned  in  the  fire  ,  miilrably  and  cruelly  defrayed,  then  -    Sijhops  o)  :gs, 
 
 Triers,  and  fpirituaU  Faftvrj,  likgn  other  men  oj  hone}  noti  ,  again}  th 
 
 right,  otbef  wife  then  became  the  King  of  Rom  ins,  Which  mertth 
 other  grievous  wickcd/;ejjh  and  dam  i  fo  divu 
 
 they  can  be  no  w ayes  exenfed  or  concealed.  Tlxrefiri  we0  as  nv  baVt  fore-writttn ,  1 
 frequently  vc^y  ease f.  I,  and   required   ban,  t 'at    ri 
 
 imbefeewmg  kind  a) f  life  ,  the  ftudy   and  lal 
 
 mvht  reiffi  er.tot be  I  y  C  ■  < >nunc , 
 
 hr  Advocate ,   pea  I  facred  ]  P  - 
 
 minims,  and  finally  its  i 
 
 world,  a  rd. 
 
 v  albeit  n 
 
 hibiied  to  him  in  writing,  theje 
 
 rf  Romans,  and  the  Empire  •  yet  having  hear 
 
 runu  ^  •  bufinef 
 
 .•  m 
 
 alfo tQ the  faired  Empire,  its 
 
Ill        ■   — -— — ~ 
 
 <$$  The  SoVeraign  power  offarUaments  and  Kingdoms. 
 
 torionfly  kgownc  throughout .  all  the  Trovinces  of  the  Empire. 
 
 \       'Therefore  becaufe  we  could  no  longer  neither  conceale,  nor  endure  the  remcmhred  and  ma- 
 ny other  defctis,  touching  the  facred  Church  and  Empire  ,  with  grievous  lojfe  and  mour- 
 ning; by  reafon  of  the  infant  pet  it  wis  of  the  perjons  aforefaid,  but  cfpecialiy  by  reafon  of 
 the  Oath  rr herewith  we  are  obliged  to  the  fame,  as  the  next  fuperivur  members  of  the  fa- 
 cred Empire -,  therefore  as  of  bounden  duty,  we  were  to  advife  and  endeavour  how  the 
 facred  Empire  might  be  more  rightly  and  wholefomly  provided  for,  (by  whofe  madde  and 
 negligent  adminijl ration  thofe   inconveniences  have  crept  in)  to  the  fafegard  and  conf- 
 lation of  the  Chriftian  world,    isind  verily  as  He  in  obeying  us,   had  performed  an  ac- 
 ceptable thing,  fo  we  have  fufficiently  and  ferioufy  called  and  cited  him ,  fo  as  wet  have 
 fignifiedto  him$  that  utile ffe  befoould  be  prefent  at  the  place  and  day  appointed \  it  would 
 come  to  paffe,  that  both  in  refpctf  of  the  petitions  exhibited  to  us,  as  li\ewife  in  refpcO  of 
 our  Oaib,  we  fhould  be  compelled  to  take  and  enter  into  fucb  counfels,  whereby  the  facred. 
 Empire  might  be  better  fetled:  mojl  cleanly  attefting  it  in  out  letters.    For  this  purpofe 
 we  appeared  at  the  place  and  time  prefer ibed  ,  together  with  our  CoeleBors  fufficjtmty 
 fummoned,  alfo  with  the  other  Trinces  and  of  the  facred  Empire.,  expelling,  from  day  t$ 
 da),  whether  the  forefzid  Lord  Wenceflaus  would  appeare,  to  apply  a  remedy  to  the  fore* 
 faid  difeafes,  and  from  thenceforth  more  rightly  to  confult  about  the  affair es  of  the  facred  Em*. 
 pire.     But  he  neither  vouchfafed  to  appeare,  nor  yet  to  find  any  om  to  us  in  the.  name  of  -a 
 Fro&or.    Wherefore  when  as  by  reafon  of  fo  many  pregnant  and  pernicious  defe&s  ,  \w& 
 had '  admonifoed  and  reproved  him   very  often  in  private  and  in  friendly  manner^  but 
 after'tbat^whenwe  could  doe  no  good,  before  the  Trinces  and  Nobles 9  and  Cities  of  the  Em- 
 pire, in  divers  Affemblies,  not  without  great  and  grievous  expences,  yet  without  any  fruit -> 
 therefore  we  referred  aU  the  fore^mentioned  things  to  the  J acred  Roman  Sea.   But  when 
 as  neither  then,  he  no  whit  regarded  all  thofe  things,  we  could  conjecture  nothing  elfi  from. . 
 thence , but  that  he  had  laid  downe  the  care  both  of  the  Church  and  Chriftian  world^ , 
 but  efpecially  of  the  facred  Empire.     Therefore  refolving,  that  this  mifchiefe  y  deftrufiive 
 to  the  whole  Chriftian  Republike,  was  by  no  meanes  to  be  any  longer  borne  and  tolerated^ 
 with  a  minde  well  confirmed,  after  many  and  various  debates  and  confutations,  both  be-  ■ 
 tweene  our  felves,  as  alfo  with  other  Trinces  and  Nobles  of  the  facred  Empire,  ferioujly 
 had,  for  the  fafety  of  the  Church,  the  conflation  of  the  Chriflian  world,  the  honour  arid 
 -profit  of  the  facred  Empire,  we  have  thought  meet,  that  the  forefaid  Lord  Wenceflaus,. 
 fhould  at  this  time  be  wholly  removed  from  the  Roman  facred  Empire  and  all  its  dignity ,« 
 as  one  that  is  negligent  and  a  deflroyer  of  the  Empire,  and  unworthy  of  it. 
 
 Therefore  we  ]ohn,Archbiflj,in  the  name  of  the  forefaid  Lords  Coek&ors  of  the  fa-.  t 
 end  Empire,  and  our  ownc,  moved  both  with  the  commemorated,  as  alfo  with  ma?jy  uther. 
 notable  defeffs  and  caufes9  by  this  our  fentence,  which  we  give  and  pronounce  by  this  our 
 prefent  writing,  DEPRIVE  and  REMOVE    the  forefaid  Lord  Wenceflaus,  as 
 an  unprofitable^  negligent  w after,  and  unworthy  "Defender  of  the  facred  Empire ,  from  the 
 forefaid  Roman  Empire,  and  from  all  his  degree,  dignity,  and  Dominions  appertaining 
 to  the  fame  \  denouncing  to  all  the  Trinces^  Nobles,  Knights^  Gentlemen,  Cities,  Trovin- 
 ces  and  Sitb)eUs  of  the  facred  Roman  Empire,  that  they  are  altogether  free  from  all  ho- 
 mige  and  Oath  made  to  the  perfon  of  Wenceflaus  in  the  name   of  the  Empire  :  requi- 
 ring and  admonifoing  them  under  the  faith  of  the  Oath,  wherewith  they  are  obliged  to  the 
 facred  Empire,  that  they  doe  not  henceforth  5  obey,  and  fitbmit  to  the  faid  Lord  VJenct- 
 (\ms,  as  the  King  of  FvomanSytior  exhibitor  fuffer  te  k  exhibited  to  him  any  right,  ole- 
 .  4  •    dience, 
 
The  SoV  eraifft  power  of  Parliaments  and  Kingdoms.  10y 
 
 die?ice,  tribute,  rent,  or  any  other  revenue,  fy  what  name  feeze  r  it  may   be   called-    Lift  rt- 
 .  the  (aid  duties,  for  a  profitable  arid  iduneous  King  of  Romans  ^Lereajier  to  lc  Jubfii- 
 t ut  id  by  God  f  gracious  0$ fiance. 
 
 hi  affnrance  and  ufiimony  of  aU  Which  things ,We  John  ArchbifJjp  of  McnC2,  haze 
 caufed  this  pre  fait  Infirument  to  be  made  by  the  jubferibed  Notaries }  in  this  pat mt  forme  , 
 and  our  great  Scale  to  be  affixed  thereunto.  This  premijed  fentence  was  r^ad  and  pro- 
 nounced by  us  John  Arcbbijbup  ofMcntZ,  in  our  name,  and  the  names  ds, 
 Cnetetfors  before  rcmembrcd,  wider  the  Cafile  Lonftein  at  the  Rhene,  in  the  Dioaffe  of 
 Triers,  teaching  towards  Brubachiuni,  out  of  a  publih^  Thrcne,  tre&td  for  the  uf< 
 T  ribunall, the  Lords  Cochttorsfittingtbere  in  jtdgcmtnt ,  in  tl*  yeare  of  our  Lords  Incar- 
 nation, 1 400.  the  eight  indiBion,o?i  Saturday  the  twentieth  day  of  the  month  <//Augu(r, 
 a  little  before  the  time  ef  the  Nones ;  in  the  eleventh  yeare  of  the  Papacy  of  our  m*fi 
 holy  Father  and  Lord  inChrifi,  Lord  Boniface  the  ninth.  Pope,  by  divine  providence-,  in 
 the  prefertceof  the  mofi  illufiriow  Princes  and  Lords,  John,  Jonne  of  the  mofi  iOufn 
 Prince  and  Lord  Rupert,  Vnkg  of  Bavaria  and  Count  Palatine  of  Rheinc, 
 Fredericke  Burgrave  of  Norimberge,  the  Noble  Philip  Lord  of  Naflfau,  and  Sar- 
 brucke,  Emichon  <^Luringen,  John  of  Zigenhaim,  Cunrade  Burgrave  ,  vur  Ca- 
 non 0/Mentz,  Earles  :  Bernhard  of  Welter  burg,  John  </ Limp  urge,  Rinehard  of 
 Honowe,  Barons :  Mr.  Nicholas  Berwin  of  the  facred  Page,  John  o/Witenburg, 
 */z^  Nicholas  Burgman,*?/^  Decrees  ±  Ah.  Herman  Prefidenc  of  Saint  Gerionof 
 Colen,  VoUors  of  the  Law  :  likewife  the  valiant  Knigbt  Sigfride  of  Lindow,our  Vice- 
 Commander  z/zRingaugia;  John  BoCfen  of  Waldeck,  cur  Buggrave  Beckelnheim^ 
 and  our  trujiy  Henry  Rulman,  of  Dadenberg,  Gerard  of  Emerberg,  Lord  in  Lant- 
 fcron,  Fredericke  of  Sachenheim,  Culman  of  Coneren,  John  of  Dalburg,  Ru- 
 dolfe  of  Zeiffikon,  os  alfo  many  other  Lords, Knights, and  Gentlcrmn,  jpiriutall  and  fecu- 
 lar,  fianding  by  in  great  number  ,called  and  requefied  to  the  things  above  written. 
 
 And  1  Nicholas  Berchtoldi  Fridbcrg  ,  Clcrke,  ptbli^  Notary  of  tfx  Viocejfe  of 
 Mentz,^  Epifcopall  and  Emperiall  authority,  and  fworne  Scribe  of  my  fvref aid  mofigra- 
 eious  Lord,  Lord  ]ohn  ArchbipJp  of  Mtntz,  becaufe  at  that  time  I  was  perfonally  frefent 
 when  this  fentence  which  we  have  fore-writ,  was  given  and  pronounced,  together  with  the 
 publikc  Notaries  and  witnejfes  commemratcd,  and  fa w  and  heard  all  thefe  things  to  bt 
 done  •  tlxrefort  at  ibe  command  and  nquefi  ofmyforefaid  mofi  gracious  Lord  of  Mentt; 
 have  reduced  this  publike  infirument  faithfully  put  in  writing,  into  pubiik^  forme ,  and 
 have  f ub fizned  and  ratified  it  with  my  accufiomed  figne  of  Notari[hip,  having  lik^wijt 
 annexed  the  great  Scale  of  my  forefaid  Lord  of  MciUZ,  in  affnrance  and  tefiirmmy  of  all  t hi 
 premifes. 
 
 The  names  of  the  Notaries  are, 
 
 Nicbolaus  Birch.1  )!di  Fridburgcnfis. 
 
 Joannes  Meier    junior  Gafiervddenfis. 
 
 Conradm a  Lethot     C       w,F.i !.:  crnenfis  dUcefis, 
 
 Hcnrictis  St  a* 
 
 Tilm  annus  a  Hi': 
 
 Conradm  C  -'     ef  j. 
 
 Finally^ 
 
so8 
 
 The  SeVeraign  power  of  Parliaments  andKingdomi 
 
 *  Tnrereft  of 
 Princes. 
 
 Tymnnosy  quJ$ 
 
 Finally,  it  is  evident-  that  the  Nobles,  Afagiftrates,  Parliament,  and  reprefentative 
 body  of  the  people,  or  feme  part  of  them  in  default  of  the  refty  may  lawfully  take  up  defen- 
 five  armes  to  reft  ft  their  Princes,  endeavouring  to  abrogate  the  Law  of  God  ,  to  rvafte  the 
 Church,  and  extirpate  the  true  Religion  Jet  led  among  them  hy  the  Lawes,  and  uftoer  in  Idolatry* 
 And.)  that  in  Jttcb  a  cafe  as  this,  neighbour  Princes  and  States  lawfully  may,  yea  and  ought 
 'in  point  of  confcience,to  aide  the  Subjects  of  other  P 'rimes,  ajfiitfed  for  the  caufe  of  pure  Ke- 
 ligion  profeffed  by  them,  or  opprejfed by  open  Tyranny. 
 
 Thefe  proportions  are  largely  and  profefTedly  debated  by  Junius  Brutus  in  his 
 VindicU cmiraTyr aminos  :  qutft.  1.2.6^.4.  throughout,  in  the  Treatise  intituled 
 Vc  Jun  Magiftratus  in  Subditos ,  fpent  wholly  in  this  Theanie.  Gcorgius  Obre&usi 
 'Difpuu  Jurid.  de  Principih  Belli.Num.  125.  to  199.  by  Vafquius.Contr,  Illuftr.^6. 72.30. 
 and  eliewhere,  by Alhericus  Ge?itilis,  and  fundry  others  forecited :  I  fiball  onely  for- 
 tifie  the  later  part  thereof,  with  the  observation  of  the*  Duke  of  Rboa?z,who  ac- 
 quaints us  ;  that  it  is,  and  hath  bee?ie  of  Later  yeares  the  very  true  inter eft,  honour,  and  great- 
 neffeof  the  Rings  and  Queenes  of  England,  both  hi  point  of  policy  and  Religion,to  protect 
 and  affift  with  armes  all  Princes  oft  he  Reformed  Proteftant  Religion,  z;z  France,  Germany, 
 a?id  other  parts  $  as  it  is  the  true  intereft  of  the  Kings  of  Spaine,  to  proteEi  and  releeie 
 all  opprefjed  or  grieved  Roman  Caiholick^  under  the  Vombiion  of  other  princes:  and  that 
 their  honour,  fafety,  and  greaineffe  principally  confrfxs  in  the  obfervation  and  maintenance  of 
 this  their  intereft-.  and  with  the  words  of  Junius  Brutus  •  who  thusitates  and  de- 
 bates the  Queftion. 
 
 An  Jure  poftint,  aut  debeani  Vicini  Principes  auxilium  ferre  aliorum  principum  fub- 
 ,    ditis,  religionis  caufa  affl'itlis,  aut  mauififta  tyrannide  oppreftis  ? 
 
 In  defining  this  queftion  (faith  he)  there  is  more  need  of  conference,  then  Science, 
 ivhich  would  be  altogether  idle>  if  charity  obtained  its  place  in  this  world.  But  be- 
 caufeas  the  manners  of  the  times  are  now3  there  is  nothing  more  deare  or  rarea- 
 c mong  men, then  charity  it  felfe,  we  thinke  meete bricfely  to  difcufle it.  The  Ty- 
 c  rants  as  well  of  foules  as  bodies ;  as  well  of  the  Church  as  Common- wealth  or 
 cRealme9  maybe  retrained,  expelled,  and  punifned  by  the  people.  Both  thefe  we 
 c  have  already  proved  by  reafons.  But,Jbecaufe  fuch  is  the  fraud  of  Tyrants,  or  fiich 
 c  the  fimplicity  of  fubje&s  for  the  mod  part  5  that  they  arefcarce  known  before  that. 
 c  they  have  fpoyled  •  or  thefe  fcarce  thinke  of  their  fafety,  till  they  have  almoft  pe- 
 c  riihed,  and  are  reduced  into  thofe  (traits,  out  of  which  they  cannot  get  oat  with 
 ctheirownef©rces,foas  they  are  compelled  to  implore  the  aide  of  other  5  it  is 
 c  questioned,  Whether  they  defending  th  caufe  of  Religion  or  of  the  Common-wealth,  of  the.. 
 cKingdomeof  Chrift,  or  of  their  owne  Kingdome,  other  Chrift  ian  Princes  may  lawfully >af- 
 cfift  theml  And  truly  many,  whiles  they  have  hoped  to  incfeafe  their  wealth  by  ay- 
 c  ding  the  airlifted,  have  presently  judged  it  to  be  lawfull.  For  thus  the  Romans^  A-' 
 *  leyxtnder  the  great,  and  many  others,  under  pretext  of  mnpreiling  Tyrants,  have 
 c  frequently  enlarged  their  Dominions :  and  not  longfince  we  have  feene  Henry  the 
 ciecond,KingofFrcWtT,tohave  made  warre  with  the  Emperoiir  Charles  the  fifth  : 
 c  and  that  under  pretext  of  fuccouring  and  defending  the  Princes  of  the  Empire,  and 
 coftheProteftants  too*  as  alio  Henry  the  eighth,  King  ofE?igland^  was  ready  to 
 c  aide  the  Proteftants  in  Germany,  to  make  worke  for  Charles  the  fifth  :  But  if  any 
 :*  danger  may  b:  feared  from  thence,,  or  little  gainemay  be  expected^then  -verily  they 
 c  mtift  hcarc  molt  Prince?  difputing,  whether  it  be  lawfull  or  no  ?  Arrias  thofe  un- 
 do: 
 
the  SoVeraign  poVtr  of  Parliaments  and  Kingdoms. 
 
 2.09 
 
 «der  a  pretext  of.piety,  did  cover  eith 
 c  toi  their  iloatliiulnelfj;  when  as  verily 
 .esonely  the  good  of  other*,  norycr  ju 
 *  wholly  abroad,  and  is  as  it  werc,4h!t  out  of  its  0 
 
 ^  rrir-irr  J-»r»r  It    t\-\nfr*      l.»f  i  io  /T*<»  finft  «n  rli.>  ,-  «■.  (7.  , .  )■    P  !  I 
 
 c  hurt  and  furFer  griefe,as  the  whole  Scripture  tcachcih.  The 
 c  compared  to  a  body.     Now   the    body    is   oft-times  affefted  not   oneJy    \. 
 c  the  hurt  of  the  arme,orlcgge,  bnr  even  of  the  very  the  lcail  finger,  or  peri(beth 
 c  with  its  wound.  Therefore  in  vaine  may  any  one  bo.i.l,th.:t ! 
 f  with  the  fafety  of  the  body,  who  when  he  may  defend  the  whole,  yet  I 
 cbe  torneand  mangled  limb  after  limb.   It  is  compared  to  a  build'-:. 
 f  mines  art  made  againii  any  part  of  tbc  building,  the  whole  building  oft-times  (alt 
 c  downeto  the  ground  5  and  the  flame  whic     invades  any  part  thereof  endanger! 
 c  the  whole.  Therefore  he  mould  be  1  idkulous,  who  because  he  dwels  in  the  cellar 
 c  perchance,  mould  delay  to  drive  the  Same  from  the  top  of  the  houfe  :  Heiboujd 
 'be  fcarce  in  his  wits,  who  would  nor  prevent  mines  with  countermines,  bee. 
 c  they  are  made  againll  this  wall,  not  j^rnt  that.    It  is  alfo  compared  to  a  Ship  : 
 c  Now  the  whole  Ship  is  endangered  to^ether,the  whole  penile th  together!  There- 
 c  fore  thofe  are  equally  fare  who  are  in  the  fore  part,  as  thofe  wn  1  arc  in  the  pH| 
 c  thole  who  are  in  keel,  as  fife  as  thofe  in  the  (hrouds,  if  the  Itorme  rage:  when  vc- 
 c ri  1 7  even  in  the  common  proveb,  thoie  who  are  conversant  in  the  fame  .  mc 
 
 ci'aid  to  be  in  the  fame  Ship  :  Thefe  things  laid  downe,  verily  he  who  is  not  m    red 
 c  with  its  griefe,  burning, to  ling,  is  not  of  that  body,  is  no:  accounted  ofth    U- 
 cmilyof  Qhriitj  hath  no  place  io  the  Arke.     Yet  he  who  is  but  a  little  mpved, 
 r  ought  no  more  todoubr,  whether  he  ought  to  aide  the  afflifted  members  oi" 
 (  Church,  then  whether  he  may  helpe  himfclfe,  (ince  in  the  Church 
 c  rather  every  one  is  bound  in  his  place  toatford  his  helpe  and  aflutancc  tothcm; 
 c  Co  much  the  more  helpe,  by  how  much  the  more  riches  he  hath  received  n 
 c  God,not  fomuch  to  bepo(Tcfled,as  expended. 
 
 c  This  Church  as  it  is  but  one,  fo  likewife  it  is  universally 
 cteJ,  commended  to  all  Chrimun  Princes  (eve  rally  :  For  becaufe  it  had  .'.in- 
 
 c  irerous  to  commit  the  whole  Church  to  any  one-  and  t 0  commie  the  : 
 
 *  thereof  to  particular  perfons,  had  bcene  clcareiy  contrary  to  : 
 c  committed  all  of  it  to  every  of  them,  and  its  particular]  1 
 
 *  y  ct  (b,  as  thar  they  mould  onely  defend  it;  but  alio,  that  the;  1 
 
 *  to  propagate  it,  as  much  as  they  are  able.   Therefore  if  tl  un- 
 ?  trey,  takes  care  of  one  part  thereof,  perchance  the  Germ 
 
 4  defects  and  neglects  theotheroppreueJ  part,  if  he  be  able  to  r« 
 .1  to  have  deferted  the  Church,  iince  the  foouleof  Chri  ;  verily  is 
 
 *  be  ought  to  defend  and  protect  with  all  his  might,  lei  it 
 
 c  corrupted  any  where.   The  in'taurati  on  of  this  univerfoll  Ghuu 
 c  are  bound  to  promote  with  bended  knees  fo  Magi. hu  s,l  ay,areob 
 '<  ic  with  their  feet,  hands,  and  all  their  ftrength.    Neither  is  the  Epbtfian  Chi: 
 
 Ddd  one, 
 
2  %  o  The  Soyeratgn  pofoer  of  parliaments  arid  Kingdoms. 
 
 '  one j the  Colofjun  auother,  and  the  reft  ;  but  all  thefe  particular  Churches  are  parts 
 c  of  the  univerfall ;  now  theuniverfall  is  the  Kingdome  of  Chri^ ,  which  all  pri- 
 
 *  vate  men  ought  to  defire  5   but  Kings,  Princes,  Magiftrates,  are  bound  to  amplirie 
 4  dilate,  defend,  and  propagate  every  where,  and  againft  all  whomsoever.  Therefore 
 
 *  among  the  Jewcs  there  was  one  onely  Temple  built  by  Solomon^  which  reprefented 
 c  the  unity  of  the  Church.  Now  he  (hould  be  a  ridiculous  Churchwarden,  and  to 
 cbe  punifhed5who  fhould  take  care  onely  to  preferve  one  part  fafe  and  found ,  but 
 c  fuller  the  red  to  fall  to  decay  •  likewife  all  Chriftian  Kings  When  they  are  inaugu- 
 rated, receive  a  fword,of  purpofe  to  defend  the  Catholike  or  univerfall  Church- 
 '  which  taking  into  their  hand,  they  point  out  ^11  the  quarters  of  the  world,  and 
 c  brandifh  it  towards  theEaft,  Weft,  South  and  North,  left  any  part  thereof  (hould 
 'be  thought  excepted.  Since  then  they  receive  the  protection  of  the  Church  in 
 '  this  manner,  without  doubt  they  underhand  the  true,  not  falfe  Church.     There- 
 
 aChron.c^L,  'fore  they  ought  to  doe  their  endeavour  to  defend,  and  to  reftoreintirely,  that 
 c  Church,  which  they  profeffe  to  be  true  and  pure.  Now  that  thus  it  was  obferved 
 
 'Hezekjab ;  and  if  the  bounds  of  the  Realmes  had  been  to  be  kept  in  defending  the 
 '  Church,  in  the  fame  manner  as  they  are  in  impofing  tribute ;  without  doubt  Heze- 
 
 kiaby  especially  at  that  feafon  wherein  the  Aflyrians  enjoyed  the  Empire  of  the 
 
 c  world,  would  have  contained  himfelfe:  But  we  fee  that  he  invited  by  pofts  all  7/1 
 
 c  rael^  the  fubje&s  J  fay,  of  the  King  of  Ajfyria^  to  celebrate  the  paffeover  in  Jerufa- 
 
 '  km  5  and  moreover  that  the  godly  in  Ifiael  helped  them  in  pulling  downe  the  high 
 
 'places,  even  in  the  territories  of  Epbraim,  Manaffes,  and  the  reft.  So  likewife  we 
 
 '  read  that  King  Jofiab^  a  moil  godly  Prince,  purged  not  onely  his  owne  Kingdome 
 
 3  Kin«  *  kut  tne  ^-ealme  ot Ifiael  likewife,  then  wholly  fubjeft  to  the  King  of  -Affyria^  from 
 
 aChron.34,6.  /  the  woriMp  of  Idols.    Verily  where  the  glory  of  God,  where  the  Kingdome  of 
 
 7.  &  35,  '  Chrift  are  in  queftion^no  limits,  no  bound s,no  railes  ought  to  exclude  or  keepe  off 
 
 *  theseale  of  pious  Princes.  But  if  peradventure  fome  greater  feare  hangs  over  their 
 '  heads,  they  may  remember  by  the  example  of  thefe ,  that  thofe  who  truly  feare 
 '  the  Lord,  can  feare  no  man.  Thefe  examples  of  pious  Princes,  fince  the  time  that 
 '  the  Church,  which  was  firftcircumfcribed  in  Faleftina,  hatb  beene  fpread  over  all 
 'the world, many Chriftian Princes  have  followed:  Conftanthe  and  Licinms  were 
 ''both  Emperours,  he  oftheEaft,  this  of  the  Weft:  they  were  likewife  colleagues 
 
 *  endued  with  equal!  power :  Now  it  is  known,  what  is  commonly  fpoken  ;  That 
 'one  equall  hath  no  Empire  over  another  equall:  Yet  notwithftanding  Confiamim 
 '  made  warre  ivith  LicimuJiwho  being  vexed,  flew  the  Chriftians,  and  among  them 
 '  many  of  the  Nobles,  either  for  thecaufe,  or  for  the  pretext  of  Religion  5  by  force 
 '  obtaines  free  profeffion  of  Religion  for  the  Chrirtians ;  and  finally  breaking  his 
 '  faith,  and  reverting  to  his  priftine  cruelty,  he  commanded  him  to  be  put  to  death 
 'AtYbcfilon'ica.  This  I  fay  did  Conftantme  the  great,  whofe  piety  is  fo  much  cele- 
 brated by  the  Divines  of  that  age,  that  fome  of  them  will  have  that  fpoken  of 
 «  him/written  in  the  Prophet  E/iy  •  That  Kings  fbould  become  nurfing  fathers  andPa- 
 *flors  of  the  Church.  He  being  dead^the  Roman  Empire  was  divided  between  both  his 
 
 Tonnes 
 
The  SoVeraign  power  of  Parliaments  and  IQimhms* 
 
 211 
 
 bonnes  by  cqtiall  right,  no  prerogative  being  annexed  to  cither  of  than.  Of  them" 
 
 *Gmftani  foftered  the  OnhodoX)Conjt**tms  the  elder,  the  Arrianij  an  J 
 
 c-  expelled  Atknnjinsxhe  enemy  of  the  -\rrians,  en  Truly,)/ any 
 
 1  rules  of  boutidsoughtto  have  bcane  kept,  ic  ought  to  have  becne  betweene  brc- 
 
 1  thrcn:  Yet  in  the meane  time  Cenfians  threatned  his  brother,  it  he  d  not 
 
 *  jUbmafius^  being  ready  to  doc  it  by  force,  imlcBeCanftcpttiMJ  had  fpecdily  i 
 
 "red  himintircly-  Now  if  fo  be  he  doubted  not  to  doe  this ,  oncly  for  the  I 
 
 c  ring  of  one  Bifhop,  might  he  not  much  more  j  illly  doc  it,  whei  if  the 
 
 c  people  is  opprelfed,  when  they  implore  affiftance,  whew  I 
 
 1  Religion  by  the  Nobles  approbation?  So  likewife  Tbz<>d  fiHs^by  \\. 
 
 chadfo$rcatacareof  Law,had  never done,if  they  had  imagined,  that  by  thil 
 c  Aft  others  territories  and  theLawes  of  Nations  hadbcene  violated.     Yca,tq  what 
 ccnd  were  foniany  expeditions  of  Chrittian  Princes  into  Sjri  i  againft  t 
 cto  what  end  were  tho.'c  Sardinian  Difmesfo  oft  impofed;  to  what  end  fo  many 
 c  fociall  warres  againft  the  Turkes,  fo  many  CrofTadoes  indicbd  a  gain ft  them,  i  f  it 
 c  be  not  lawfull  forany  Chriftian  Princes,  even  the  molt  remote,  to  Ucc  the  Church 
 £  from  Tyranny,  and  Chriftian  captives  from  the  yoke  of  bondage?  Now  with 
 '  what  arguments  were  they  impelled  to  the  warre,wich  wha:  reafons  were  they  ur- 
 c  ged^unleife  their,  that  the  Church  was  one?  that  Chrift  called  all  whatfoever  fr<  in 
 c  all  quarters  to  this  fervicc?  that  common  dangers  were  toberepulfed  with  com- 
 cmonarmes?   all  which  likewife  doe  plainely  fuitc  with  this  on:  canfe.    Now  And 
 ?  if  this  were  lawfull  for  them  againft  Mab  met*  yea,  not  onely  lawfull,  but  like- 
 c  wife  as  a  reward  was  appointed  to  the  industrious,  fo  a  punilhment  both  to  the 
 'floathfull, and  delayers-  why  not  alio  againft  the  enemy  of  Chrilt  ?  If  I  fay,  a- 
 cgainft  the  Grecians  belleging  our  Troy;  why  not  alio  againft  Smamthe  iocenoiary? 
 c  Finally^  if  it  be  a  pious  act  to  fee  Chriftian  J  from   bodily  fcrvitude  ,  ffbr  the 
 €  Turkes  compell  no  man  to  h)  is  it  not  much  more  ib^  to  manumit  the  ionics  of 
 c  miferablemen,  and  to  reltorethcm  to  liberty  ?  And  verily  thcic  io  many  exam; 
 c  of  pious  Princes  may  be  infteed  of  a  Law.    But  now  heart  what  God  himfelfcby 
 c  the  mouth  of  his  Prophets  doth  every  where  threaten  againft  thofe,  who  promote 
 c  not  the  inftauratton  of  the  Church  ,  or  neglect  its  affliction.   The  Gadites,  Px.cn- 
 'benites,  and  halfe  Tribe  of  Manah7es,dclircof  McfisttM  their  portion  might  be  Numb.|i^ 
 '  given  to  them  and  their  families  on  this  lide  Jordin  :  and  A  fobs  truly  ga.c  it  them-  J>,,,!  4-7i?- 
 c  but  with  this  Law  and  condition;  that  they  ihould  not  onely  hclpe  their  brethren, 
 c  the  other  Ijratlistsjn  conquering  the  Land  of  Cm  a  m,  but,  becaufe  they  had  h*rft 
 c  obtained  their  portion,  that  they  Qiouldgoe  before  them,  and  be  placed  in  the 
 c  forefront  of  them  :  Which  iftbey  mould  not  doe,  hcaccurfeth  them,  finite?  then 
 c  with  anathema,  and   compares  them  to  thofe  who  had  becne  judged  Rebels 
 c  Cadesbermj  :  For  what  i  faith  he,  Hull  your  brethren  goe  to  warre,  and  you 
 c  the  meane  time  lit  fall  here?  But  rather  you  (lull  pailc  over  Jordan  ,  D  t LI 
 
 *  you  returneagaine  hither  to  your  houfes  before  that  God  hath  expelled  hisenc- 
 cmics  from  before  his  face,  and  given  reft  to  your  brethren,  as  he  hath  given  u:v 
 «you;Thcnverily  you  fhall  be  innocent  before  the  Lor^of^'Vf/:  veiily  thofe  en 
 
 Odd  2 
 
2 1  %  The  SoVeraign  po^er  of  Parliaments  and  kingdoms. 
 
 '  when  the  great  and  good  God  hath  bellowed  (b  great  a  benefit,  unlefle  they,  aflifted 
 1  their  Brethren,  unlefle  they  were  com  panions  of  their  labours,  unlefle'  they  went 
 f  before  them,  (hould  without  doubt  receive  moft  grievous  punifhments. 
 Judg.5 .  < Likewife,  when  under  the  conduct  of  P^r^thofe  ofNtphtbaii  and  Zebukn  had 
 
 c  ta^en  up  amies  againft  the  Tyrant  Jabin,  and  in  the  meane  time  the  Tribe  of  Re«- 
 
 c  ben,  which  ought  to  be  firft  in  Amies,  delighted  themfelves  with  the  Pipes  among 
 
 z  Sam.  1 
 
 the 
 gel  of 
 c  the  Lord,  curfeye  bitterly  the  Inhabitants  thereof,  becaufe  they  came  not  to  the 
 1. 1 1.  c  helpe  of  the  Lord  againft  the  mighty.  But  blelled  above  women  mall  Juel  the  Wife 
 <  of  Heber  the  Kcnite  be,  who  (although  (he  might  have  pleaded  a  truce  with  the  hca- 
 cthens)  yet  notwithstanding  (hee  flew  Sifera,  the  Captaine of  the  enemies  Hoaft. 
 c  Therefore  pioufly  fpake  Vriab,  The  Arke,  and  Ijrael,  and  jW*/?  abide  in  tents,and 
 c  oft  times  paiTe  the  night  without  fleepe  in  the  open  ddds^  (hall  I  then  fealt  with  my 
 *  Wife.,  eate,drinke,  and  follow  my  pleafures?  AstheLordlivech,  I  will  never  doe 
 
 Amos  8. 
 
 Jucig.S.S:  1 2, 
 
 c  wonderfully  defpifed  contrite,cruciated,  affli&ed  Jofepb0nehhcr  were  any  way  mo 
 cved  with  his  affliction.  Therefore  faith  the  Lord  ofHoafts,  I  abhorre  the  excel- 
 c  lency  of  Jacob,  and  hate  his  palaces  3  I  have  fworne  by  my  fbule  that  I  will  deliver 
 c  up  the  City ^  and  all  that  is  therein,  yea,thefe  who  fo  greatly  rioted  (hall  foone 
 c  goe  with  the  hrll  into  captivity.  Impioufty  alfo  did  the  Epbramitei,  who  did  not 
 c  oneiy  not  gratulateGi^^and  Jtfbtha,  attaining  the  vi&ory  and  triumphing,but 
 c  likewife  envy  ed  them,  though  yet  they  deferted  them  when  they  were  in  danger. 
 c  Likewiie  the  Ifraelites,  who  w  hen  David  reigned,  cryed  out;  faying :    Behold^vve 
 
 2  Sam.  j .  c  are  t^y  flc^  ancj  t^y  Dones .  whcn  he  was  reduced  into  hrakes,  faid :  We  have  no 
 
 c  part  in  David,  nor  in  the  Sonne  of  Jejfe.  Impioufly  doe  all  thofe  Chriftians  one- 
 'ly  in  name,  who  will  communicate  in  the  facrcd  feafts  of  the  Church,  and  yet  will 
 c  net  (b  much  as  tafte  the  cup  of  bitternefle  with  their  Brethren,  who  feeke  (alva- 
 c  tiou  in  the  Church,  and  yet  take  no  care  for  thefalvation  and  Cafety  of  the  Church 
 c  and  of  its  Members.  Finally,  they  acknowledge  one  Father,  God  •  one  Family 
 c  the  Church;  pro  fe(Te  themfelves  to  be  one  body  in  Chrift.  yet  neither  yeeld  any 
 c  aide  to  Chrift  affli  9  ed  in  his  Members,  or  beftow  their  wealth  on  him  being  poore. 
 
 KuiuS.  3 1.  c  What  thinke  we  (liall  be  the  future  punifhment  of  their  impiety  >  Mofes  compares* 
 6  the  deierters  of  their  Brethren,  to  the  Rebels  at  Kadesbamea  :  now  none  of  thofe 
 c  by  Gods  owne  decree,  entred  into  Canaan.  Therefore  they  can  (eeke  no  place  for 
 1  themfelves  in  the  codeftiall  Canaan,  who  affift  not  Chrift  moft  miferably  crucified 
 cand  dying  a  thoufand  times  every  day,  andimploresas  it  were  their  helpe  from 
 c  doore  to  doore.  Chrift  him&lfc  condemnes  thofe  to  eternall  fire,  who  harboured 
 c  him.  not  when  he  was  a  (Iranger,  who  follered  him  notwhen  he  was  a  cold,  who 
 ccloathed  him  notwhen  he  was  naked,,  who  relieved  him  notwhen  he  was  poore 
 cwho  freed  him  not  when  he  was  captive.  Therefore  they  ought  to  know  tha? 
 ce:ernalj  fire  is  prepared  foi  them,  who  pade  him  by  with  a  deafeeare  daily/farTe- 
 c  ringfuch  things,  as  though  in  the  gieane  time  they  may  feeme  to  worke  great  mi- 
 racles j 
 
 i4.-1tth.25. 
 
jg 
 
 Tlx  Soveraign  power  of  Parliaments  a>id  Kingdoms. 
 
 21 
 
 cracle«;  and  therefore  verily  it  (hall  be etfier for  certaine  ;  them« 
 
 *  For  what  doc  the  Jewes,  the  Scribes  and  Phai  ife  I  )  ,<! 
 4thcEthnickes,  Turkcs,  finally  fomeChriltians, perftctite,  crtl  in 
 4  his  Members  >  Tlu  Tewcs  profefleand  beleew  him  an  Importer;  the  Ethnickcs  * 
 'malefactor;  the  Turkcs  an  Infidcll  •  others  an  Hcraiqcc.  The  ffOti- 
 cfidir  themindeof  them  all,  from  whom  we  commonly  meafure  the  crime,  they  all 
 'feemc  to perfecute  noxious,  impious  men  deferving  punilhmcnr,  n 
 
 c  (lay  Chriit  •  But  they  onely  doe  truely  pmfecure,  trnely  flay  him, 
 c  differ  him  whom  they  protefle  their  N'eliah,  Redeemer,   God,  to  be  t-  rtnred  I 
 4  crucified  in  his  Members,  when  they  might  hinder  it.      In  ftimme;    he  v. ! 
 4  vers  him  not  from  death,  when  he  may,  is  tq!w!!y  guilty  with  htm  thai 
 'him:   For  becaufc  he  would  not  helpe  him,  be  Willed  he  (houldbe  ilaim 
 4  a  crime  the  will  it  felfeought  to  be  regarded.     But  certainly,  the  ml  I    - 
 
 MyofChrirnan  Princes,  who  helpe  not  thofe  who  are  pcrfecutcd  for  Religion, 
 To  much  the  more  grievous,  by  how  much  the  more  they  (lay,    whom  th:y  mil 
 4  fet  free,  and  by  how  much  it  is  more  wicked  to  flay  a  brother,  than  any  oth 
 cfon.    A  wicked neffe  more  horrid  than  that  oi  the  Tyrants  themfclve* .  by  how 
 c  muchitisworfeto  flay  a  good,  juft,  pious,  innocent  man,  than  a  ThccfrJmpoiler, 
 4  forcerer,  Hereticke  ^  more  flagitious  to  affault  God,  than  any  man:  and  finally,  by 
 f  how  much  perfidioufnefle  in  an  equall  feci  exceeds  ignorance. 
 
 4  But  whether  fhall  it  be  lawfull  to  determine  the  lame  of  thofe,  who  jzivc  no  ak 
 4  firtance  to  thofe  who  areoppreflcd  withTyranny,ordefcnd  thcRepublicke  a  gain  ft 
 c  Tyranny  I  iincc  a  reafon  cannot  be  given  offb  ttraite  an  alliance,  offo  drift*  C  - 
 4vcnant;  when  as,  I  fry,  wedoe  not  here  difconrfe  of  the  Church,  which  is  but 
 4  one  of  all  men  ;  which  being  one  and  iiniverfall,  is  commit  ted  to  every  one  5  I 
 4  of  the  Fvepublicke,  which  may  be  different  from  that  of  others  •  and  being  difFe- 
 4  rent,  is  committed  fcverally  to  others  ?  A  Neighbour,  faith  Chrirt,  is  not  a  feif 
 c  to  a  Jew  onely,  but  to  a  Samaritan,  and  to  any  man.  Now  we  ought  to  love  our 
 4  Neighbours  as  our  (elves.Therefore  a  ]cw,  if  he  would  dilcharge  his  duty,  ]?  bound 
 1  to  deliver  from  a  theefe,if  he  be  able,  not  a  Jew  onely,  but  likewrfe  every  i:: 
 c  yealikewifeoneunknovrne  .  Neither  will  any  one  difputc,  whether  it  be  fa  :  \  i 
 c  defend  himfeUc  •  feeing  verily  it  is  morejultto  defend  another  than  himltlfcin  this 
 4  refpect,  wherein  thingsare  more  juft,  which  meere  charity  doth,  than  thofe  which 
 c  either  anger,or  revenge,  or  other  perturbation  of  the  minde  doe:  and  no  man 
 
 •  holds  a  meanc  in  rerenging  his  ownc  injuries ;   but  in  other  H)enf, although  n 
 
 4  grievous,  even  the  molt  immoderate  may  holdameane.     But  wc  may  learnefrcm 
 
 c  the  heachens  themfelves,  what  humane  fociety,  and  what  the  common  nature  of  | 
 
 4  all  men  require  of  us  in  this  t  blng.For  Cicero  faith,  there  is  one  nature  of  all  D  i 
 
 4  that  even  nature  it  felfe  prefcribes  this>  that  a  man  ought  to  ti.ke  care  of  a  r 
 
 4  whoever  he  be,    even  for  this  very  caufe,  that  he  is  a  man.    Ir  otherwise,  a'!  hu- 
 
 4  maneconfociation  muftneceiTarily  bediftblved.    Therefore,as  there  a'  ><n- 
 
 '  dations  of  jaitice  :    t^rrr,  that  no  hurt  be  done  to  any;  next,   that  tl 
 
 *aU,  ifitmaybedone,  beadvanced:  So  alfo  there  are  two  k:r.d?ofiniu  ::ce5  one 
 
 4  of  thofe  who  offer  injury  ;  the  other  of  thofe  who  propulie  net  wrong  fi 
 
 4  thofe  to  whom  it  is  offered,  if  they  be  able.     Forhewhodjth  unj 
 
 4  one,  incited  either  by  auger,  or  other  perturbation,  he  (femes  as  it  fftiM  to  I 
 
 Ddd  3  violent 
 
214  Tfo  So  \>eraigm  WoTtier  of  Parliaments  and  Kingdomes* 
 
 VI 
 
 c 
 
 c 
 
 T)iocbr.SkJ.2. 
 
 iolent  hancte  to  his  companion  5  but  he  who  doth  not  defend,  orrefift  an  injury 
 c  if  he  can,  is  as  much  in  fault,  as  if  he  delerted  either  his  Parents,  or  Friends,  or 
 'Country.    So  that  what  the  one  doth,  anger  is  judged  to  doe,  which  is  reputgd 
 ca(hortfury;  what  the  other,  an  evill  minde  truely,  which  is  a  perpetuall  tyran- 
 c  ny.   And  however  his  fury  may  be  excufed,  the  others  deftinated  counfell  can  by 
 c  no  meanes  be  excufed.  Thou  wilt  fay,  I  feare  that  while  I  repulfe  an  injury  from 
 c  him,  I  mould  doe  an  injury  to  the  other.  Yea  verily,  thou  wilt  cover  thine  in juftice 
 c  with  a  pretext  of  Juftice;  Whereas  if  thou  confulteft  with  thy  felfe,  not  juftice 
 c  moves  thee  to  defert  thy  duty,  but  rather  fome  other  catifc.     For,  as  he  faith  in 
 c  another  place,  either  thou  wilt  not  undertake  enmities,  or  labour,  or  coft ;  or  elfe 
 thou  art  fo  hindered  with  negligence,  floathfrilnefle,  idleneiTe,or  with  thy  ftudies, 
 cor  certaine  imployments,  that  thou  fuffereft  thofe  to  be  deiertcd,  whom  thou 
 coughteftto  protett.   But  while  thou  fay  eft,  thou  doll  thine  owne  bufinefle,  left 
 thou  mighteftfeeme  to  doe  wrong  to  any,  thou  runneft  into  another  kindeofin- 
 c  juftice.     For  thou  deferred  the  fociety  of  life,becau(e  thou  bcftoweft  on  it  nothing 
 c  of  thy  ftudy,  nothing.of  thy  paines,  nothing  of  thy  goods.     Thefe  things  Eth- 
 c  nickes,  Philofophers,  and  Politicians  hold,  truely  more  pioufly  than  many  Chri- 
 c  ftians  in  this  age.     Hence  a  neighbour  is  bound  by  theLawes  of  the  Remans,  to 
 c  take  away  a  ferva  nt  from  a  cruell  Mafter.    But  among  the  Egyptians ,  he  who  had 
 c  cafually  found  a  maa  to  be  beaten  by  Theeves,  or  to  lurFer  any  injury  ,and  had  not 
 c  refcuedhim,  if  he  could,  was  guilty  of  death:  if  not,  hee  was  bound  to  accufc- 
 c  the  Theeves  before  the  Magkftrate  .*  Which  if  he  had  negle&ed,  he  was  beaten  with 
 c  a  certaine  number  offtripes,  and  punifhed  with  a  three  dayes  faft.    Now  if  this 
 c  verily  be  lawfull  in  one  neighbour  towards  another,  yea,  lyeth  upon  him  out  of 
 c  duty  to  affift  every  one  he  meets  againft  a  Theefe  ;  (hall  it  not  be  much  more' lawfull 
 c  to  a  good  Prince,  notonely  toayde  and  patronize  fervants  againft  a  raging  Ma- 
 c  fter,  or  children  againft  a  furious  Father .  but  a  Kingdome  againft  a  Tyrant,    a 
 c  Republike  againft  the  private  luft  of  one  man  ;  a  people,  a  Lord,  I  fay,  againft  a 
 c  publike  (ervant  and  agent?  Yea,  verily,   if  he  frail  neglect  it,  [hall  not  he  merit- 
 thucfd  /  2         C  ^e  name  anc*  PLlm^ments  °f a  Tyrant,  as  the  other  of  a  theefe  ?   Hence  Thucy-> 
 dides  faith.  Not  mely  tha feare  tyrants  who  reduce  othtrs  into  fervitude,  bat  much  rather  thofe 
 who  when  they  may  repulfe  that  violence,  tak$  no  care  to  doe  it :   hut  efpecialiy  thofe  jvko  will 
 he  called  the  defenders  vf  Greece  and  the  Common  Country%butytt  helpe  not  their  opprefjed  Cou?v 
 c  t>y :  and  rightly  •  for  a  Tyrant  is  in  a  fort  compelled  to  retaine  violently  the  Ty 
 cranny  which  he  hath  violently  invaded  ;    becaufe,  as  Tyberius  faid,  he  feemeth 
 c  to  hold  a  Wolfe  by  the  eares,  which  he  cannot  retaine  without  force,  nor  yet  let 
 c  goe  without  danger.   Therefore  that  he  may  extingui  fti  one  crime  with  another, 
 c  hee  commits  many  wickednefles,   and  is  compelled  to  injure  others,Ieft  he  frould 
 c  be  injurious  to  himfelfe.  But  that  Prince  who  idlely  beholds  the  wickednefles  of 
 c  a  tyrant,  and  the  mine  of,the  blood  of  innocents  which  he  may  hinder,  becaufe 
 c  he  doth  as  it  were  take  pleafure  in  thegladiatory  /port,  is  by  fo  much  more  crimi- 
 c  nous  than  the  Tyrant,   as  he  who  fets  fword-players  to  tighj,  is  guiltier  than  the 
 c  man-flaying  Gladiator;  asmuchashee  who  flayes  a  man  for  pleafure  fake,  is 
 Olje&.         C  niore  criminous  than  he  who  doth  it  b,y  conftraint,or  out  of  feare  or  neceflity.  If 
 c  fome  oppofe ;  But  it  is  a  fault  for  any  to  intermeddle  with,  or  thruft  himfelfe  into 
 'Anfm  'anothers  bufinefle;    Termtian  Cbnmej  may  anfwer;  I  am  a  man,  I  thipke  no 
 
 humane. 
 
TbeSoveraigneToVxr  oJVarlimentidndKin?  (mes- 
 
 if  s 
 
 humane  thing  ftrange  unto  me.    If  others  (i 
 
 their  impiety)  ol).'t;  that  there  are  diftinft  limits,  diltin 
 
 itis  not  lawfull  to  thruft  a  fickle  into  anothers  C  >rnc  : 
 
 that  by  this  pretence  thou  thouldetl  invade  another!  ten  >,er5 
 
 |nrifdi£tion  to  thy  ftlfe,draw  thy  neighbou 
 
 :nioil  doe  under  this  pretext.    I  doe  not  fty,  that 
 
 of  whom  Citvr',   thou  thy  fclft  (houldc.t  judge  the  i 
 
 felfe-  but  rather  that  thou  moulded  reitrainc  a  Princ 
 
 Chrilt,  containea  tyrant  within  his  limits,  ftretchOutan  Ik 
 :  flatted  people,  and  a  pro  lira  ted  Commonwealc  \    But  thou  m  in  fli  h 
 
 that  thou  mayed  not  looke  after  thine  owne  profit,  but  the  good  of  humane 
 
 altogether.  For  fmce  Juftice  wholly  lookes  abroad,  if.j  ; 
 
 thou  (halt  at  lad  doe  this  ju  tly,  if  thou  (halt  have  no  regard  of  thine  o 
 
 Rrieiely,  if  a  Prince  violently  paffeth  over  the  fixed  limits  of  |  ie( .  an  i  | 
 
 neighbour  may  pioufly  and  juftly  leapeo\er  his  limits,  not  that  he  fh.aild  ii, 
 
 anothers,  but  that  he  mould  bid  him  be  content  with  his  ownc  :  yea,  he  (lull  be 
 
 impious  and  unjull,  if  he  neglect;  it.  If  a  Prince  exercife  tyranny  over  the  peop!e,he 
 :maynole(Te,  or  IctTetlackly  aa1dthcm,than  him,  if  thepeople  mould  ii- 
 
 :rion  :  yea,  h^  ought  to  doe  it  the  more  readily,  by  how  much  it  is  more  a 
 :ble,  that  many  fufTer,  than  one.  I  fPorJ&ia  reduce  Tsrrgum  the 
 'much  more  juitly  may  Ccnftantbie,  (ent  for  by  the  people  and  Sen..:. 
 1  pell  Maxentm  the  Tyrant  out  of  the  City.  Finally,  if  a  man  may  hi  Ire 
 
 1  to  a  man,  nothing  truely  forbids,  but  that  a  man  may  be  a  God  to  a  nun,  asil 
 rin  theProverbe-  Therefore  antiquity  hath  enrolled  Hircuh  ratnong  the  nam  bet 
 1  the  gods,  becanfe  he  pu nifhed  and  tamed  Procrmfies,  Bitfyris,  and  other  Tyrants* 
 
 *  f  the  pefls  of  tnankinde,  and  monllers  of  the  woi  Id  )    in  every  place.    So 
 
 f  £<?/?*/«  Em  pi  rr,is  log  g  as  it  llood  free,  was  often  called,  The  1' -  agjinft  ;. 
 
 c  Robberies  of Tyrants^   because  the  Senate  was  the  haven  and  refuge  of  Kings,  People, 
 1  Nations.     So  Con  ft  amine  (ent  for  by  the  Rom  tns  againlt  Maxttttim  the  Tyrant,  had 
 [GodthcCapt<tineofhis,Army,    whofeexpedition  the  Univcrfall  Church  rfcata 
 1  with  powerful  1  prayfts ;  when  yet  Maxemiits  had  the  fame  authority  in  the  Welt, 
 1  as  Conftamine  in  the  Eait.    Likewife  Charles  theGrcat,   undertookea  Warre  ag.'.in.t 
 
 *  the  Lombardes^  being  called  by  the  Nobles  of  Italy  to  I  !e,  when  as  yet  the 
 rKingdome  of  the  Lombards  was  long  before  cftabliihcd,  and  he  could  claim  no 
 1  right  to  hinifelfeover  them.  Likewife,  when  Charles  the  Bald  King  ofr>j*;r,had 
 c  by  Tyranny  taken  away  the  Prefdent  of  that  Country,  which  lyeth  bet 
 
 *  Seine  and  Li^r,  Duke  Lambert,  and  J  %mtfnu\  and  the  other  Nobles  of  i  --       «    • 
 'fled  to  Lt'ww  King  of  Germany,  Charles  h\&  Brother  by  another  mother,  to  crave 
 
 *  aide  again  ft  Charles  and  his  mother  J  ndith,  a  mod  wicked  Woman:  He  in  a  moil 
 ■ample  AflTemblyo ftheCrt'/vwiw Princes,  heard  thefe  fuppliants ,  by  whofe  unani- 
 mous Counfel!,  a  warre  was  publickcly  decreed  agairi'iCur/o,  for  to  re^ore  the 
 'exiles.     Finally,  as  there  have  beenefome  Tyrants  in  everyplace,  fo  likewife  a- 
 
 mongall  Hidorians  there  are  every  where  examples  extant,    of  tyrant.  • 
 'and  people  defended  by  neighbour  Princes ;  which  the  Princcf  now  at  thisc: 
 'ought  to  imitate,in  curbing  the  tyrants  both  of  bodies  and  Soulcs  of  the  Pvepub- 
 [licke,  and  of  the  Church  of  Chriilj*nlefle  they  themfflves  will  be  named  Tyrants, 
 
 t     '  -  b/ 
 
 1 
 
 _ 
 
z  1 6  The  SoVeraign  power  of  Parliaments  and  Kingdoms. 
 
 cby  amoltcleferved  right.  And(that  we  may  at  laft  conclude  this  Treatife  in  one 
 c  w^rd)  piety  commands  the  Law  of  C3od  to  beobferved,  and  the  Church  to  be 
 c  de  fended.  juftice,that  Tyrants  and  the  fubverters  of  Law  and  the  Republike  mould 
 c  be  curbed  ;  charky,that  the  oppreiTed  (hould  be  releeved,  and  have  a  helping 
 chand  extended.  But  thofewho  take  away  thefe  things,  take  away  piety 3  julticc, 
 c  charity   from  among   men,   and    defire  them    to    be   altogether  txtingtufbed. 
 
 c  So  he 
 
 If  this  then  be  an  irrefragable  verity  ,that  forraine  States  and  Princes  are  fo  firre'J 
 obliged  to  aiTift  and  relieve  thoie  of  the  fame  Religion,  and  all  others  whole  liber-1 
 *  See  Speed  k  ties,  rights,  priviledges,arc  forcibly  invaded  *(wfcich  our  Parliament  and  State  by 
 A'^ofCkcen  ^ir  a$fen#i  if  the  Netherlands  and  other  Proteitant  States,  both  in  Quaene  Eli-  I 
 ElizMtcrmiii  z>*bttbs>  King  James^  and  King.  Charles  his  reigne,  approved  and  justified  both  by 
 and  Orimftons  words,  A£ts  of  Parliament ,  and  rcajl  performances)  then  certainly  thole  of  the 
 Hiltories  of  the  felf-fame  Ghurch,Natian,Kingdom,and  Mlow  S.ubje&s,under  the  felf-fame  Prince, 
 Nahcrlan  s^      foetweone  whom  there  is  a  fane   nearer   relation,  muchftri&er  obligation  ,  and 
 Ads  ©f  Prince  more  itrong  ingagetr.ents,  ought  mutually  to  aide  and  ailiit  each  other  to  the  utter- 
 Mcwice  oiNaf-   molt  of  their  abilities,  when  their  Religion,  Lawes,  Liberties,  be  violently  invaded, 
 p^ancirhcBils  their  dearell  native  Countrey  waited, facked,  plundered,  burned,  ruined,  in  a  ho- 
 ot bubfidies  m  {^j|e  warre-like  manner,  with  open  force  of  Armes,  either  by  the  King  himfelfe,  or 
 fams  &  King  a  prevailing  Malignant  Popi(h  fia&iqn,  who  have  furreptitiouQy  poiieffed  them-- 
 Charles  his       felvesboth  of  his  perfon  and  affections  which  they  have  gotten  into  their  owne 
 rtigne.  over-ruling  power.  How  much  then  it  nowconcernes  every  reall  Protelbnt  with- 
 
 in this  Realme  of  E?i2landi7and  all  other  his  MajciUes  Dominions  to  unite  all  their 
 common  foi ces  together,  unarmimouily  to protect ,  defend,  maintaine>and  propa- 
 gate our eftablifhcd  reformed  Religion,  fundamentall  Lawes,  Liberties,  the  very 
 Priviledges  of  Parliaments,  their  eltates,  liberties,  lives  ,  the  peace,  welfare,  and 
 common  good  of  their  dearelt  native  Countrey,  and  our  three  united  Realmes  a- 
 gaintt  all  Popifb  Malignant  forces  now  in  armes  to  invade,  ecliplc  ,  impaire,  fub- 
 vert,  iacke_jruine  them-  and  how  monftroufly ,  unnaturally,  unchriftianly,  and 
 deteM ably  impious,  treacherous,  perfidious,  all  thole  Englifr-,  Irifh,  and  Scottim 
 Protectants  proclajme  themfelves  to  the  prefentand  future  age,who  now  tray  terouf- 
 ly  joyne  their  forces  with  the  Malignant  Popim  party,  or  prove  uncordiali,  falfe, 
 treacherous,  and  perfidious  to  their  Religion,  Liberties,  Countrey,  andjthe  Parii- 
 ment  (who  have  not  onely  waged,  imployed,  but  confided  in  them)  and  contribute1 
 their  uttermoft  endeavours  to  betray,  enflaye,  undermine,  and  to  (acke,  burne,  and 
 totally  overturne  them  (as  many  we  finde  have  done  to  their  eternal!  infamy')  I 
 here  referre  to  every  mans  judgement  and  confidence  ferioufiy  to  determine.  Cer- 
 tainly fuch  unnaturallmonlters.iuch  trayterous  Judaflts,  fuch  execrable  infamous 
 Apoftates  as  thefe{  can  expect  no  other  reall  remuneration  of  this  their  treachery 
 and  perfidioulheue,  but  the ruine  of  their  credits,  the  deteltation  of  their  perfojis, 
 memories;  the  confiscation  of  theireifates,  the  extirpation  of  their  families,  the 
 execrations  of  all  good  men,  the  fevereii  judgements  of  God,  and  utter  confufion 
 with  horrors  of  conscience  tormenting  thenv  contfantly  day  and  night,  Vvhiles 
 they  continue  .Janguiihing  under  all  thefe  miferies  here,  and  the  fnarpelt  tor- 
 pnnts,  the  very  .iargeil daggers,  the  hotteft  flames  in  hell  for  ever  hereafter:  and 
 thoie  Antichriitian  Papifts  v*hp  now  are  and  have  beene  Co  faithful),  active,  zeaTi 
 
 ,  ze^IoW 
 cguj^H 
 
The  SoWr<ugnpQ-*r  °f  Tarluments  and  \tngJoms.  %  * 
 
 rouragious,  indubious,  derail,  bountifull,  '*  not  I 
 
 vneinterclts,  dcfignes  omaintaineand  propagate  their faffi 
 pie  Religion,  fu  perfrifc°ns>  idolatries,  both  i;  and  lrd.md  with  I 
 
 ■pf  their  blond.  exrv'nce> anc*  forfeiture  of  all  i  .tcs,  and  never  yet  dcic 
 
 /became treacher»lIS  to  tneir  ^c execrable  cau  ligLOn  in  I  .ill 
 
 fall  joyntly  ri£  up  in  judgement  againft  them,  both  here  ^nd  hi  n- 
 
 •piternall  ir/amy,  reproach,  and  molt  jult  condemnation.    ()  coniider  this  all  yec 
 ivhonow  fomuchtorgct,  neglect,  betray  both  your  God,  your  Chrilt,  Religion, 
 I  awes,  Liberties,  Countrcy,  Parliament,  yea  your  very  (elvcs,youi  I 
 irates,  pofterittes;  Coniider  with  your  (elves  the  bitter  eu  ft  den  imced  I 
 felft  againll  Meroz,  jFw^g.5. 23. Coniider  the  fatall,  difmall  end  of  i 
 Matth.ij.^.^.  Afts  i.  18. 19,  20.  Coniider  that  dread  full  fpeech 
 oar  Chrift,  Mark^  8.  35.  36,  yj  rfZjtfafotvtt  wiR  five  his  life  jkall  loft  it,  bn:  ■     - 
 fever  frail  lofe  hit  life  for  my  fake  and  the  G'ojpe!  tvt  it.  For  v. 
 
 jit  a  man  if  be  flull  gaine  the  whole    world  and  lofe  his  orvne  foule  ?    or   what  fiall  a 
 /nan  give  in  exchange  for  his  foule?  Wbofoezer  therefore  full  be  aflumed  tfme  and  tft 
 zeordyin  this  adulterous  and  fin  full  generation-,  of  him  all)  (bat  the  fonmofman  it    .-    r    j  ,n  2 
 foamed  when  he  commcth  in  the  glory  of  bis  Father,  with  the  bob/  Angls,    *  I    •;      "/- 
 fer  with  him,  we  full  alfi  reigne  with  him-y  if  we  deny  him,  he  will  ajfi  deny  n<  :   Ifr 
 We  be  but  feirfut  in  the  caufc  of  Chrilt,  we  full  be  fure  1 1  b  n  e  our  part  in  ii  ■ 
 that  bttrneth  with  fire  and  brimfione,  Rev.  2 1 .  8. 0  what  then  will  be  our  poi  I 
 tve  be  unzcalous,  negligent,  perfidious  to  it,  or  profefled  enemies  (cfpcci.illy  in 
 >pen  amies)  againft  it,  when  it  cries  out  to  us  for  our  necefftry  affiftance  every 
 
 »,here?    It  J  ejus  Chrifi  will  render  tribulation  to  them  whi  h  d  >c  but  trouble  hisy 
 le-jea,and  pall  be  very  fijortly  revealed  from  Heaven,  with  bU  mi 
 min%  fire,  talking  vengeance  on  all  them  tbat(onely)  know  not  G,>d,  and  :ke 
 
 f  ,  Go/pel  of  Jefus  Chrifi,  who  fh  all  be  pint  find  with  everlafiifig  n    f    ■>. 
 
 c  of  the  Lord j  and  from  the  glory  of  his  power,  2  Tbefi  I.  6,  to  10.  0  wl.  all 
 
 fe  ungodly  finners,  Rebels^  and  Tray  ton  appeare,  who  now  every  where  murtfaer, 
 •  plunder,  perlecute,cxtirpare  Gods  deareit  Saints ;  and  not  pnely  refufc  to  ow 
 but  ev%n    defert,    betray    the  caufe  of  God  and  their  Countrcy  \  who 
 >  notonely  v^rJially  to  maintaine  the  very  truth  of  God,  the  Gofpel  of  Chrift, 
 which  thciTOvcs  in  (hew  not  onely  pretend  to  know,  but  profWe;  butalfbj  >yn 
 1     with  Pap^^^M^lignants  openly  to  fight  againft,  and  totally  to  I  h  I 
 
 Certainly  «  )ucl§en^r -fhallbcginneatthehoufe  of  God  it  iclfe,  a*  now  it  doth, 
 and  if  the  righteous  \\     dcfrnd  the  C;mfc of  (;orj  ind  thc  Kingdom  i 
 
 ly  befaved,  ^ba5l  ^^^rcadfell  end,  and  judgement  at  latl  : 
 
 fcends  my  thoug h^?  nViicrabl^y  cxpreffions  to  relate  ;    all  I  can  f.v  h  this ,  it 
 will  be  fo  Ul^    -u  oneiy  be  able  id  grievous,  that  an  eternity  of  in  .en- 
 
 able torments  wi  7^  ^  ^  foitaonlrrate  the  infinity  and  e  of 
 
 \  lorTcivcthemunderilv  feriouflyof  this,and  all  tl 
 
 their  linne 
 
 mifes,and  the  Lord  give "^""J,1^   and  bomd  crace  to  kcepea^ood. - 
 
 ,nd  difcharge  then  g«J^*        nd  the  duties  faithfiTlly,  ch 
 
 their  God  Action  Kin ^^oim      -  ^  ^ 
 
 T     'V1V  the  honour,  comrou, 
 
~ 
 
 ■-       -"-U*: 
 
 218 
 
 7htSoytratin}owtr  tffjf&m***  and  Kingdom. 
 
 here-  and  the Crowrje, the  full  guerdon  of  them  h^fter    aPCi  poore  blce- 
 iyln^mland  and  Ird-uid  may  n ow  at  hl\  attain e^^Tpee'dft  holy,  la- 
 
 ^lonourable*  bleffed  ?cace  afid-iiriiefc  which  all  good^cn  f0rdiaHy  pray 
 for  and  endeavour  $  which  doubtlefle  had  beene  eafily  effected IK,3*  cre  this,  had' 
 wc  aM  beene  faithfully  trug* realJL (€i  the;  pabJike  xaafeof. G*>d  anagjurXountrej 
 in  our  feverall  places,  arid  not  fatthlcHely  betrayed, but  fincerely  d^harged  the 
 fe]jc/^\^fts^po%J:JR^  to  t^f  tgf*ciril$^^ 
 10  re-eftabhfh  agdjpcrr^atequr^nilihetr^^ 
 
 Cod  and  Prince  orpeace  effeftually  to  acconiplilh  in  hisowneduefeafbn,  befo 
 pi^hpjc  tty^fV*l'9P*to9tt*  a^defolate  WildeznefS&foWdfriS,  £D*!jp*ha9 
 ina^"  place*  o(tb^areatrfAdjS  afni*nore  like  to  be^If  tik^traordiBaif  trierw 
 jjf  .oufr  ever-graci^u«  Gq4  prevent. not  the  mifchievous  long $0t*rfccwlptr«ww 
 .^jalicc^  aa^  Jtrcachcr^,  of  lOmaUHulI,  and  dceeitSiH  men; :-    ^  &  ^ 
 
 v. 
 
 VU*V 
 
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 - 
 
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 mt$$mu 
 
 This  0«*n  ft»uW  havc  come  in  the  Jftenjlifypj.y^  hue.  r^     » 
 
 I  ThcOacb  of  CH  A  R  L  E  S,  Kins  of  Navarre  at  his  Coronation,  ^».  i; 
 ded  in  the  general]  HUVoryol  Spaint*,  L1j.f-6ii.fr26. 
 
 -■ 
 E  P.CHARLES  by  the  grtceof  G^Kheg  o/Navarrr,&c.  d*  fwtv* 
 unto  pur pevple  of 'Navarre  upon  the  boU  ¥.7  Mtgfhpttoucbt  bj  w,avd  to  the  fo- 
 lates und  ricbmcn.of  the  Cities  and  food Townes ,  Jtid  fail  tbt  people  »f  Navarre,  for  ail 
 1  your  Right/,  Lawes, Cufomes,  frted$mej,  Liiertk/,  and  PntUcdges,  that  aery  ant  of  ti\m 
 
 I  at  tbey  are,  fhaU  be  maintained  and  kept  to  you  and  jenr  fucceffors,  all  the  time  ojOxr 
 life  without  corrupting  them-y  bettering,  and  not  impairing  them,  in  aUt  or  in  part  .  arid  ti  jt 
 i  ft*  violence  and  face  which  hath  beene  done  teyour  Prcdecejjor/,  whom  God  pjrdon,  ariAta 
 you  by  Vs,  or  Our  0$*ersJVe  fljall  hereafter  command  it  to  ccafe,and  fattifatt  urn  to  Ltlme 
 decordw"  unto  right  as  they  jbali  be  made  manifejl  by  good  men  of  credit.  After  n  hich  the 
 Deputies  of  the  State  (wore,  in  their  owne  namcs5and  foralltheRealme  •  faiihfuMj 
 $j  guard  and  defend  the  Kings  perfon,  and  their  Country  •  and  to  aide  him^  t$  k^ept^  dtfend, 
 and  maintaine  the  Lawts  andCujiomeJ,  with  all  their  power. 
 
 Errata,  and  Omijpons  in  fome  Copes. 
 
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