The Sovereign Power of Parliaments and Kingdoms, Part 1 (1 of 2)

The Sovereign Power of Parliaments and Kingdoms · Part 1 (1 of 2)

p. 1PROVING 1^st.

That the Parliaments present necessary Defensive Warre, is Iust and Lawfull both in point of Law and Conscience, and no Treason nor Rebellion.

HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments proceedings;Object. 5▪ I come now in order (in point of time and sequell) to the 5^th Grand Objection of the King, Royalists, and Papists against the Parliament. To wit:**See many Printed Declarations, Proclamations to this effect; with other Pamphlets. That they have traiterously taken up Armes, and levied warre against the King himselfe in his Kingdome; and would have taken away his life at Keinton battell, which is no lesse than Rebellion and High Treason, by the Statute of 25. E. 3. c. 2. with other obsolete Acts; and by the Common Law. Which Objection, though last in time, is yet of greatest weight and difficulty, now most cryed up and insisted on, of all the rest, in many of his Majesties late Proclamations, Declarations, and in Anti-Parliamentary Pamphlets.

To give a punctuall AnswereAnsw. to this capitall Complaint, not out of any desire to foment, but cease this most unnaturall bloody warre, which threatens utter desolation to us if proceeded in, or not determined with a just, honourable, secure, lasting peace; now lately rejected by his Majesties party. I say,

First, that it is apparent to all the world, who are not willfully or maliciously blinded; 1That this Majesty first began this warre, not onelyonly by his endeavors to bring up the Northerne Army to force the Parliament, confessed by the flight, l…tters, examinations of those who were chiefe Actors in it; but by raising sundry forces under colour of a guard before the Parliament levied any.

Secondly, that theaaSee the Houses severall Declarations to this effect. Parliament in raising their forces had no intention at all to offer 2the least violence to his Majesties person, Crowne, dignity, nor to draw any English blood; but onelyonly to defend themselves and the Kingdome against his Majesties Malignant invasive plundring Forces, to rescue his Majestie out of the hands, the power of those ill Councellers and Malignants who withdrew him from his Parliament, to bring him backe with honour, peace, safety, to his great Councell; (their Generall p. 2and Army Marching with a Petition to this purpose,) and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses, contrary to Order, Law, the Priviledges of Parliament, their owne Protestation taken in both Houses, sheltring themselves, under the power of his Majesties presence and Forces, from the justice of the Houses, and apprehension of their Officers, contrary to all presidents in former ages, in High affront of the priviledges, honour, power of the Parliament, and**13 E 1 c. 38 31 H. 6, c. 1. See Ashes Table, Contemp. 6, 7 the Law bookes there quoted, 6 H. 8. c. 16. 3 E. 3. 19. Coron. 161. Dyer, 60. Stamfords Pleas, l. 1. c. 29▪ f. 38. l, 3, c, 63, f, 153. Fundamentall knowne Lawe of the Realme: Since which time, his Majestie having (contrary to his former Proclamations and frequent Printed solemne Declarations) entertained, not onelyonly divers Irish Popish Rebels, but likewise English and Outlandish Papists in his Army, and given Commissions to sundry**The Declaration of the Lords & Commons in Answer to his Majesties, concerning Keinton Battle. Arch-Popish Recusants, to A…me themselves, and raise Forces against the Parliament, and Kingdom, now in the field in all the Northerne parts, Wales, and other places, (and that under the Popes owne consecrated Banner as many report) in defiance of our Protestant Religion, (designed by the Popish Party both at home and abroad, to no lesse then utter extirpation in England, as well as in Ireland, if not in Scotland too, (as some of them openly professe;) the Parliament are hereupon necessitated to augment and recrute their forces; as for the precedent ends at first, so now more especially, for the necessary defence of the Protestant Religion established among us by law; against which they (and all others who are not wilfully blinded) visibly discerne a most apparant desperate conspiracie; which though not cleerely perceived, but onelyonly justly suspected at first, doth now appeare (all circumstances and agents considered) to be the very Embrio and primitive cause of this deplorable warre; ag…inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever, seeing they have by all possible meanes endeavored to prevent this warre at first, and since to accommodate it, though in vaine, upon just, reasonable, and honorable safe termes for King and Kingdome. The sole Question then in this case thus truely stated will be.

Whether his Majestie, having contrary to his Oath, Duty, the fundamentall Laws of God and the Realme, raised an Armie of Malignants, Papists, Forraigners; against his Parliament, Kingdome, People, to make an Offensive warre upon them, to murther, rob, spoyle, deprive them of their peace, liberties, properties, estates; to impose unlawfull taxes by force upon them; protect Delinquents and evill Councellors against the Parliaments Iustice, and violently to undermine our established Protestant Religion; the Common-wealth of England legally assembled in Parliament; and all Subjects in such cases, by Command and direction from both Houses of Parliament, may not lawfully and justly without any Treason or Rebellion, in point of Law and Conscience, take up defensive Armes to preserve the Priviledges of Parliament, their Lawes, lives, liberties, estates, properties, Religion, to bring Delinquents and ill Councellours to condigne punishment, and rescue his seduced Majestie out of their hands and power, though he be personally present with them, to assist and countenance them in this unnaturall destructive warre?

And under correction (notwithstanding any thing I ever yet heard or read to the contrary) I conceive affirmatively, that they may justly do it, both in point of Law and Conscience. I shall begin with Law, because in this unhappie controversie, it must direct the conscience.

First, I havebbPart 1. & 2. throughout. already proved in Judgement of Law, the Parliament and Kingdome assembled in it, to be the Soveraigne power, and of greater authority then the King, who is but their publike Minister in point of civill Iustice, and Generall in matters of warre, as the Roman Kings and Emperours were, and other forraigne p. 3Kings of old and at this day are. The Parliament then being the highest power, and having principall right and authority to denounce, conclude and proclaime warre, (as I have manifested in the debate of the Militia,) may not onelyonly lawfully resist, but oppugne, suppresse all Forces raised against it, and the Kingdomes peace or welfare.

Secondly, the principall end of the Kingdomes, originall erecting Parliaments, and investing them with supreame power at first, was, to defend not onelyonly with good Lawes and Councell, but when absolute necessitie requires (as now it doth,) with open force of Armes; the Subjects Liberties, Persons, Estates, Religion, Lawes, Lives, Rights, from the encroachments and violence of their Kings, and to keepe Kings within due bounds of Law and Iustice; the end of instituting theccSee Polybi…n Hist. l. 6. Arist Polit. l. 3. c. 10. 11. l. 5 c. 10. l. 2. c. 5. Bodin l. …, c, 10. l, 2, c. 5. Senate and Ephori among the Lacaedemonians, the Senate and Dictators among the Romans, theddHieron. Blan. Ar…gonens. Rerum Comment. p. 588. 589. 716. to 725. 747. to 760. Ioan. Mariana de Rege & Regi… Instit. l. 1. c. 5. to 10. F…rum Suprarbiense, and Iustitia Aragoniae among the Aragonians; of Parliaments, Dietts, and Assemblies of the estates in other forraigne Kingdomes, and in Scotland, as I shall prove at large in itseeIn the Appendix. proper place. This is cleare by the proceedings of all our Parliaments in former ages; Especially in King Iohns, Henry the third, Edward the 1. 2. 3. and Richard the seconds Raignes; by the latter Parliaments in King Iames his raigne, yea of 3. Caroli, the last dissolved Parliament, and this now sitting, whose principall care and imployment hath beene to vindicate the Subjects Liberties, properties, lawes, and Religion, from all illegall encroachments on them by the Crown and its ill Instruments: by theffPart. 1. forecited resolutions of Bracton, Fleta, the Myrror of Iustices, Vowell, Holinshed, the Councell of Basill, and others, that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law, and invades the Subjects Liberties, especially with open force of Armes in an Hostile manner: and by the constant practise of our Ancestors and the Barons Warres, in maintenance of Magna Charta, with other good Lawes and Priviledges, confirmed by Parliament. If then the Parliament be intrusted by the Kingdome with this Superlative power, thus to protect the Subjects Liberties, properties, Lawes, persons, Religion, &c. against the kings invasions on them by policie or violence: they should both betray their trust, yea the whole kingdome too, if they should not with open Force of Armes, (when Policy, Councell, and Petitions will not doe it) defend their owne and the Subjects Liberties, persons, priviledges, &c. against his Majesties offensive Armies which invade them, intending to make the whole kingdome a present booty to their insaciable rapine, and a future vassall to his Majesties absolute arbitrary power, by way of conquest.

I reade inggCommonwealth l. 3. c. 1 See Plut. Caes. & Pompeius. Bodin that the Roman Senate being no way able to restraine Caesar, tooke their refuge to that ancient Decree of the Senate, which was commonly made but in dangerous times of the Common-weale, Videant Consules & caeteri Magistratus ne quid detrimenti c…piat Respublica: Let the Consulls and other Majestrates foresee that the Common-weale take no harme. With which decree of the Senate, the Consulls being armed, sodainely raised their power, commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls, Pretors, and whole Senate, out of his pride, through his ill Councellors advise, and talking with them, as if they had beene but private men, he so farre offended both the Senate and people, that to free the Republicke from his Tyranny, and preserve their hereditary Liberties, they conspired his death, and soone after murthered him in the Senate-house, where they gave him no lesse than 23. wounds. AndhhAragonensium Rerum Comment. p. 724. Hieronimus Blanca assures us, that the Suprariense Forum, Iustitia Aragoniae, or States of Arag…n, (erected to withstand the tyrannie and encroachments of their kings) may by the Laws of their Realme assemble together, and p. 4RESIST THEIR KING WITH FORCE OF ARMES, as oft as there shall bee neede to repulse his, or his Officers violence against the Lawes; For when they erected this Court, they said, It would be little worth to have good Lawes enacted, and a middle Court of Iustice betweene the King and people appointed, if it might not be lawfull to take up Armes for their Defence when it was needfull; (being agreeable to the very Law of nature and reason;) Because then it will not be sufficient to fight with Counsell: For if this were not so, and the State and Subjects in such cases might not lawfully take up armes, all things had long ere this been in the power of Kings. Therefore, no doubt, our Parliament and State, as well as others, may by the very Law of Nature, and fundamentall institution of Parliaments, now justly take up Defensive armes to preserve their Liberties, Lawes, Lives, Estates, Religion, from vassallage and ruine.

Thirdly, Our owne Parliaments, Prelates, Nobles, and Commons in all ages (especially in times of Popery) as well in Parliament, as out, have by open force of armes resisted, suppressed the oppressions, rapines, vnjust violence, and armies of their Princes raised against them; Yea, incountred their Kings in open Battells, taken their persons Prisoners, and sometimes expelled, nay deposed them their Royall authority, when they became incorrigible open professed enemies to their kingdomes, their Subjects, seeking the ruine, slavery, and desolation of those, whom by Office, Duty, Oath, and common Iustice, they were bound inviolably to protect in Liberty and peace, as the**Part 1. p. 6, 7, 8, &c. premised Histories of Achigallo, Emerian, Vortigern, Segebert, Osred, Ethelr…d, Bernard, Edwin, Ceolwulfe, King Iohn, Henry the 3^d. Edward 1. and 2. Richard the 2, Henry the 6^th. (our British, Saxon, English Kings,) and other examples common in our owne Annalls, plentifully manifest. Neither are their examples singular, but all Kingdomes generally throughout the world in all ages have done the like, when their Kings degenerated into Tyrants, of which there are iiSee Arist. Polir. l: 5 c. 10 D^•. Beards Theatre of Gods Iudgements. l. 2. c. 9. to 43. Ad generum Cere…is pauci sine sanguine fuso, Descendunt Reges, & sicca morte Tyr…nni Iuvenal. See the Appendix.infinite precedens in History: which actions all ages, all Kingdomes have alwaies reputed lawfull both in point of Policy, Law, Religion, as warranted by the very Lawes of Nature, Reason, State, Nations, God; which instruct, not onelyonly particular persons, but whole Cities and Kingdomes for their owne necessary defence, preservation, the supportation of humane Societie and Libertie, to protect themselves against all unlawfull violence and Tyranny, even of their Kings themselves, or their Ministers, to whom neither the Lawes of God, Nature, Man, nor any civill Nation, ever yet gave the least authority to Murther, Spoile, Oppresse, enslave their Subjects, or deprive them of their lawfull Liberties or Estates; which resistance were it unlawfull or unjust (as many ignorant Royallists and Parasites now …each) some few oppressing tyrannizing wilfull Princes, might without the least resistance, ruine, murther, enslave the whole world of men; overthrow all setled formes of civill government, extirpate Christian Religion, and destroy all humane Society at their pleasures; all which had beene effected, yea, all States and Kingdomes totally subverted long agoe, by ambitious Tyrannizing lawlesse Princes, had not this Lawfull, Naturall, Hereditary power of resisting and opposing their illegall violence (inherent in their Parliaments, States, Kingdomes) restrained and suppressed their exorbitances of this kinde. Now that this necessary Defensive opposition and resistance against open Regall Hostile violence, which hath beene ever held lawfull, and frequently practised in all Kingdomes, all ages heretofore, as just and necessary; should become sodenly unlawfull to our Parliament, and Kingdome onelyonly, at this instant, seemes very unreasonable unto me.

p. 5Fourthly, It is the expresse resolution ofkk…. l. 5. c. 13. 11. Arist…tle, llMemorabil l. 4. p. 813.Xenophon, mm… ▪ l. 6.Polibius, nnSpelmani Concil. …om. 1 P. 34.Pope Elutherius, (in his Epistle to our first Christian King, Lucius) KingooLambard. Archaion. p. 130. Fox Acts & Mon. vol 1. p. 214. Edward the Confessor in his established Lawes, c. 17. theppLib cap. 1. 2 S…ri…s Tom. …. p. 383. Councell of Paris, Anno 829. and Isiod…r cited by it;qqCommonwealth. l. 2. c. 4, 5. Iohn …, rrDe Rege …t Regis …. l. 1. c. 5. 6.I…hn Mariana, and generally of all forraigne Divines and Polititians, Pagan or Christian; yea ofssLib 3. c. 9. fol. 107. Bracton, tt…ib 1. c. 17…F…ta, uuDe Laudib. Legum Angl. c 9. to 15.Fortescue, andxxSpeech in Parliament House, Anno 1609. King Iames himselfe; that a King governing in a setled Kingdome, ceaseth to be a King, and degenerates into a Tyrant, so soone as hee leaves to rule by his Lawes; much more, when he begins to invade his Subjects, Persons, Rights, Liberties to set up an Abitrary power; impose unlawfull T…xes, raise Forces, and make Warre upon his Subjects, whom he should Protect, and rule in peace; to pillage, plund…r, …aste, and spoile his Kingdome; imprison, murther, and destroy his people in an hostile manner, to captivate them to his pleasure; the very highest degree of Tyranny, condemned and detested by God, and all good men. The whole State and Kingdome therefore in such cases as these, for their owne just necessary preservation, may lawfully with force of Armes, when no other course can secure them, not onelyonly passively, but actively resist their Prince, in such his violent, exorbitant, tyrannicall proceedings; without resisting any kingly, lawfull royall Authority Vested in the Kings person for the yyBract. l. 3. c. 9. …leta l. 1. c. 17. For… …s. c. 9. to 15. Cooke 7. Report f…l. 5. …. Cab…ins Case Rom. 13 4. 5. 1 Pet. 2. 14.Rom 13:4Rom 13:51 Pet 2:14Kingdomes preservation onelyonly, not destruction; because in, and as to these illegall oppressions, tyrannicall actions, not warranted, but prohibited by the Lawes of God, and the Realme, (to whom he iszzSee the Apendix. accountable, and by whom he is justly censurable for them) he is no lawfull King, nor Majestrate, but an unjust oppressing Tyrant, and a meere private man, who (as to these proceedings) hath quite denuded himselfe of his just Regall authority. So that all those wholsome Lawes made by the whole State in Parliament, for the necessary preservation and defence of their Kings Royall Person, and lawfull Soveraigne power; the suppression of all Insurrections, Treasons, Conspiracies and open Warres against them, whiles they governe their people justly according to Law; **2 sam. 23. 3(as all good Princes areaaChro 9. 8 See the Kings Coron. oath. obliged to doe by oath and duty;) or the open violent resisting of their Lawfull authority and Commands; to which all Subjects both in point of Law and bbRom. 13. 1 2, 3. 1 Pet. 2 13. 14. … 3. 1▪Rom 13:11 Pet 2:131 Pet 2:141 Pet 2:31 Pet 2:1Conscience, ought cheerfully and readily to Submit; will yeeld no publike Countenance, Encouragement, or Protection at all to Kings, in their irregall, tyrannicall oppressions, or violent courses; especially when they turne professed publike enemies to their people, proclaime open Warre against them, invade their Lawes, Liberties, Goods, Houses, Persons, and exercise all acts of Hostilitie against them, as farre forth as the most barbarous Forraigne Enemies would doe: It being against all common sence and reason to conceive, that our Parliaments, Lawes which strictly inhibit and punish the very smallest violations of the publike peace, with all kinds of Oppressions, Robberies, Trespasses, Ba…t…ries, Assaults, Bloodsheds, Fraies, Murthers, Routs, Riots, Insurrections, Burglaries, Rapes, Plunderings, Force-able Entries, Invasions of the, Subjects Liberties or Properties, in all other persons, and greatest publike Officers whatsoever (whosecc…. de Repub &c. Cicero de Legi. 2 Sam. 12. 7. to 14. cap. 16. 21. 22. 2 Chr. 33. See. Marian, de Reg. & Reg. Inst l. 1 c 9.2 Sam 12:7–142 Chr 33 Delinquences are so much the more hainous, ddDe Leg. Arg c. 9. 10. 12. 13. 14.execrable and censurable, as their persons, honours, and places are more eminent) should so farre countenance, justifie, or patronize them onelyonly in the King, the Supreame fountaine of Iustice (ad tutelam Legis corporum & bonorum crectus, as Fortescue, and SireeLib. 7. f. 5. Calvins Case. Edward Cooke resolve; Cujus Potestas Iuris est, & non Injuriae; & cum sit author Iuris, non debet inde injuriarum nasci occasio, unde Iura nasc…nt ur; asffLib. 3. c. 9. f. 107. Bracton, andggLib. 1 c. …7. Fleta determine;) as not to permit the Subjects, under paine of Rebillion p. 6and high Treason, by force of Armes, upon expresse command and direction of the whole Kingdome in Parliament, so much as to defend their Persons, Goods, Estates, Houses, Wives, Children, Liberties, Lives, Religion, against the open violence of the King himselfe, or his Malignant plundring, murthering Papists, Caveleers: When as Kings of all others (ashhLib 3. c. 9. Bracton, iiDe Laud. legum Angl. c. 9. to 15.Fortescue, andkkDe Rege & Regis Instit. l. 1. c. 9. Mariana prove at large) both by Oath and Duty, ought to be more observant of, and obedient to the Laws of God and their Realmes (which are llDeut. 10. 17 Prov. 28. 21 Rom. 2. 11. Ephes 6. 11. 1 Pet. 1. 17.Deut 10:17Prov 28:21Rom 2:11Eph 6:111 Pet 1:17no respectors of Persons) then the very meanest of their Subjects. That Precept then of Paul, Rom. 13. 1. 2. 3. Let every Soule be subject to the higher Powers, &c. And the Statute of 25. E. 3. c. 2. with other obsolete Acts, which declare it High Treason, to levy Warre against the King in his Realme, must needs be intended of, and quallified with these subsequent just limitations, sutable to their genuine sense and meaning; to wit, That as long, and so farre foorth, as Kings justly and uprightly doe execute their just Royall power, conferred on them by God and their people, according to the Law of God, and their Realmes, to the Protection, encouragement and praise of all their good Subjects, and the deserved punishment onelyonly of Malefactors; they must and ought to be cheerefully obeyed, and quietly submitted to, as Gods owne Ministers, without the least resistance, private or publike; neither ought any private men upon any private injuries, of their owne authority to raise up in Armes against them, seeing they are publike Magistrates in whom all the Kingdome have an interest, without the generall assent and authority of the whole State and Kingdome, or of both Houses of Parliment which represents it. But if Kings degenerate into Tyrants, and turne professed enemies to their Kingdomes, Parliaments, People, by making open Warre against them; by spoyling, murthering, imprisoning, maiming, sacking, destroying, or putting them out of their Protections, without any just or lawfull grounds, endeavouring by force of Armes to subvert their Lawes, Liberties, Religion, and expose them as a prey to their mercilesse blood-thirsty Souldiers; or bring in Forraigne Forces to conquer them, (our present case;) I dare confidently averre, it was never the thought nor intention of Paul, or the Holy Ghost, much lesse of our Nobles, Prelats, and Commons in Parliament, which enacted these Lawes (who so oft tooke up Armes, aswell offensive, as defensive, against our Kings, in such like cases heretofore) to inhibit Subjects, Kingdomes, Parliaments (especially, by direct Votes and Ordinances of both Houses) under paine of damnation, high Treason, or Rebellion, by defensive Armes to resist Kings themselves, or any of their Cavalliers: and if this question had beene put to Paul, Peter, or any of those Parliaments, which enacted these objected Lawes; Whether they ever meant by these Precepts or Statutes, totally to prohibite all Subjects, by generall assent in Parliament, to take up such defensive Armes, or make any forceable resistance, against their Kings or their Armies, in such cases of extremity and necessity as these, under the foresaid penalties? I make little question, but they would have clearely resolved; that it was never so much as within the compasse of their thoughts, much lesse their plaine intention, to prohibite such a resistance, in this or such like cases, but onelyonly according to the precedent exposition of their words; and that they never imagined to establish in the world any Vnresistable Lawlesse Tyranny, or any such spoile or butchery of Kingdomes, of Subjects, execrable to God and man, in all persons, all ages, which have**See Doctor Beards Theater of Gods Iudgements, l. 2. c. 13. to 42. resisted them even unto blood; but rather totally to suppresse them; There being scarce any more pregnant p. 7Text, against the Tyranny, the boundlesse Prerogatives, the illegall proceedings of Kings, and Higher Powers in all the Scripture, th… that of Romans 13. 1. to 7. if rightly scanned, as Pareus, and others o… it manifest. Therefore the Parliaments and peoples present defensive Warre, and resistance against their seduced King, and his Malignant Popish Cavalliers, is no violation of any Law of God, of the Realme; but a just necessary Warre, which they have to the uttermost endeavoured to prevent: and no Treason, no Rebellion at all within the meaning of any Law, or Statute, unlesse we should thinke our Parliaments so mad, as to declare it high Treason, or Rebellion, even for the Parliament and Kingdome itselfe, so much as to take up Armes for their owne necessary preservation, to prevent their inevitable ruine, when they are openly assaulted by Royall armies; which none can ever presume they would doe, being the very high way to their owne, and the whole Kingdomes subversion.

Fiftly, admit the King should bring in Forraigne forces (French, Spanish, Danes, Dutch, or Irish) to destroy, or Conquer his Subjects, Parliament, Kingdome, (as some such forces are already landed, and more expected dayly;) and should join himselfe personally with them in such a service, I thinke there is no Divine, Lawyer, or true hearted Englishman, so void of reason, or common understanding, as to affirme i… Treason, or Rebellion in point of Law, and a matter of Damnation in Conscien…, or true Divinity, for the Parliaments, Subjects, Kingdome, to take up necessary defensive armes for their owne preservation in such a case, even against the King himselfe, and his army of Aliens; but would rather deeme it a just, honourable, necessary action; yea, a duty, for every English man to venture his life, and all his fortunes, for the defence of his owne dearest Native Countrey, Posterity, Liberty, Religion; and no lesse then a gloriousmmGratian Causa 23 qu. 1. 2. 3. Calvin. Lexicon. Iurid Tit Bellum. Martyrdome, to dye manfully in the Field, in such a publicke quarrell: the very Heathens generally resolving; thatnnCicero Tus. quaes…. l. 2. Dulce & decorum est pro Patria mori: Et mortes pro Patria appetitae, Non solum gloriosae Rhetoribus, sed etiam beatae videri solent: In a case of this quallitie. Whence that noble RomaneooLiv Rom. Hist. l 5. … 51, p. 219. Camillus, professed to all the Romanes in a publike Oration; Patriae d…esse quoad vita suppetat, alijs turpe, Camillo etiam NEFAS EST. And is not there the selfesame equity, and reason, when the King shall raise an Army of Popish English, or Irish Rebels, Malignants, Delinquents, and bring in Forraigners (though yet in no great proporation) to effect the like designe. If armed forceable resistance be no Treason, no Rebellion in Law or Conscience, in the first, it can be no such crime in our present case.

Sixty, I would demand of any Lawyer, or Divine: What is the true genuine reason; that the taking up of offensive armes against, or offering violence to the person, or life of the King, is High Treason, in point of Law and Divinitie? Is it not onelyonly because, and as he is, the head and chiefe member of the Kingdome, which hath a Common interest in him; and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against, and violence to his Person? Doubtlesse▪ every man must acknowledge this, to be the onelyonly reason; for if he were not such a publike person, the levying War against, or murthering of him, could be no High Treason at all. And this is the reason, why the elsewhere cited Statutes of our Realme, together with our Historians, make levying of Warre, deposing, or killing the King by private persons, High Treason; not onelyonly against the King, but the REALME, and Kingdome p. 8to; Witnesse the Statutes of 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. E…iz. c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament, (declaring those persons of England and Scotland TRAITORS TO EITHER REALME, who shall take up Armes against either Realme, without common consent of Parliament) which Enact, The levying of Warre against the Kingdome and Parliament, invading of England or Ireland, treachery against the Parliament, repealing of certaine Acts of Parliament, ill Counselling the King, coyning false Money, and offering violence to the Kings person, to take away his Life, to be high Treason, not onelyonly against the King and his Crowne, but THE REALME TO; and those who are guilty of such crimes, to bee High Traitors and Enemies TO THE REALME, pp…. Hist. Ang. p. 334. 335.as well at to the King. Hence Iohn of Gaunt, Duke of Lancaster, being accused in a Parliament held in 7. R. 2. by a Carm…lite Frier, of High Treason, for practising sodainely to surprise the KING, and seize upon his Kingdome; the Duke denied it, as a thing incredible upon this very ground; If I should thus (said he) affect the Kingdome: qqWalsing. hist Ang. p. 337.Is it credible after your murder (which God forbid) that the Lords of this Kingdome, could patiently endure me, Domini mei ET PATRIAE PRODITOREM, being a Traitor both of my LORD and COVNTREY? Hence in the same Parliament of 7. R. 2. Iohn Walsh Esquire Captaine of Cherburg in France, was accused by one of Navarre, DE PRODITIONE REGIS & REGNI, Of Treason against the King and Kingdome; for delivering up that Castle to the Enemies; And in therrWalsing. hist. Ang. p. 245. 246. Parliament of 3. R. 2. Sir Iohn Annesley Knight, accused Thomas Ketrington Esquire, of Treason against the King and Realme, for betraying and selling the Castle of Saint Saviour within the Is…e of Constantine in France, to the French, for a great summe of money, when as he neither wanted Victuals,ssWalsing. hist Ang. p. 72. 76 91, 92. 105, 106. nor meanes to defend it: both which Accusations (being of Treasons beyond the Sea) were determined by Battle, and Duels fought to decide them. Hence the great Favourite, Pierce Gaveston, Tanquam Legum subversor, Hosti… Terrae Publicus, & Publicus Regni Proditor, capite truncatus est: and the two Spensers after him, were in Edward the second his Raigne likewise banished, condemned, and executed, as Traitors to the King and Realme, ET REGNI PRODITORES for miscounselling and seducing the King, and moving him to make Warre upon his people: Hence both thettH…lls Chro. 1 & 3 H. 4 f. 17, 22. Fox Acts & Mon. vol. 1. Edit. …lt. Col. 676, 677. Pierces, and the Archbishop of Yorke, in their Articles against King Henry the fourth, accused him, as guilty of High Treason, and a Traitor both to the King, Realme and Kingdome of England, for Deposing and murthering Richard the second. And hence the Gunpouder Conspirators, were uu3 Iac. c. 1, 2 3, 4. The Kings Proclamations, 3 Iacob. Against them and the A… raignement of Traitors. …Jas 1:2declared, adjudged, and executed as Traitors both to the KING & REALME, for atte…pting to blow up the Parliament House, when the King, Nobles, and Commons were therein assembled: If then the King shall become an open enemie to his Kingdome, and Subjects, to waste or ruine them; or shall seeke to betray them to a Forraigne Enemy (which hath beene held no lesse then Treason in a King to doe, who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME, and thereupon forfeit his very right and title… to the Crowne;) it can be no Treason nor Rebellion in Law or Theologie, for the Parliament, Kingdome, Subjects, to take up armes against the King and his Forces, in such a case, when he shal wilfully and mali…iously rent himselfe from, and set himselfe in direct opposition against his Kingdome; p. 9and by his owne voluntary actions turne their common interest in him for their good and protection, into a publicke engagement against him, as a common Enemy, who seekes their generall ruine. And if Kings may lawfully take up armes against their Subjects, as all Royallists plead, after they reject their lawfull power, and become open Rebels or Traitors, because then as to this, they cease to be Subjects any longer, and so forfeit the benefit of their Royal protection: By the self-same reason (the bond and stipulation being mutuall; Kings being their Subjects xxCooke 7. Report, Calvins case.Liege Lords, by Oath and Duty, as well as they their Liege people:) When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way, they presently both in Law and Conscience, cease to be their Kings de jure, as to this particular, and their Subjects alleagiance thereby is as to this discharged, and suspended towards them, as appeares by the Kings Coronation Oath, and the**Math. Paris pag. 73. Speed p. 483. 484. Lords and Prelats conditionall Fealty to King Steven, so that they may justly in Law and Conscience resist their unlawfull assaults, as enemies; for which they must onelyonly censure their owne rash unjust proceedings, and breach of Faith to their People, not their Peoples just defensive opposition which themselves alone occasioned.

Seventhly, It must of necessity be granted; that for any King to levie warre against his Subjects, unlesse upon very good grounds of Law and conscience, and in case of absolute necessity, when there is no other remedy left, is directly contrary to his very Oath and duty, witnes the Law of King Edward the Confessor, cap. 17. and Coronation Oathes of all our Kings forementioned; To keepe PEACE and godly agreement INTIRELY, ACCORDING TO THEIR POWER to their people; Contrary to all the fundamentall Lawes of the Realme, and the Prologues of most Statutes, intirely to preserve, and earnestly to indeavour the peace and welfare of their peoples persons, goods, estates, lawes, liberties; Contrary to the main tenor of allyy1 Tim. 2. 1 2, 3. Ier. 29 7 Psal. 122. 6. 7, 8. Isa. 29. 8. & 9. 6.1 Tim 2:1Jer 29:7Ps 122:6Ps 122:7Ps 122:8Isa 29:8Isa 9:6 Sacred Scriptures, which have relation unto Kings; but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes, (which revolted from him for following his young Counsellors advice, and denying their just request, and crowned Ieroboam for their King) intending to reduce them to his obedience by force of armes; God by his Prophet Shemaiah expressely prohibited him and his army, to goe up, or fight against …hem; and made them all to returne to their owne houses without fighting; and to Isay 14. 4. 19. to 22. where God threatens, to cast the King of Babilon out of his grave, as an abhominable branch, as a carcasse trodden under foot, (marke the reason) Because thou hast destroyed thy Land, and slaine thy People, to cut off from Babylon his name and remembrance, and Sonnes and Nephewes: as he had cut off his peoples, though heathens. Yea, contrary to that memorable Speech of that noble Roman**Livy Rom. Hist. l. 7 Dec. 40, p. 285. Arist. Polit. l. p. 5. Marianade Rege, l. c. c. 5. Valerius Corinus when he was chosen Dictator, and went to fight against the Roman conspirators, who toke up armes against their Country. Fugeris etiam honestius, tergumque civi dederis, quam pugnaveris contra patriam; nunc ad pacificandum bene atque honeste inter primos stabis: postulate aequa et forte, quanquam vel iniquis standum est potius, quam impias inter nos conseramus manus, &c. If then a Kings offensive warre upon his Subjects, without very just grounds and unevitable occasions be thus utterly sinfull, and unlawfull in law and Conscience; and most diametrally contrary to the Oath, Office, trust and duty of a King, (who by this strange metamorphosisaaArist. Polit, l▪ 3. & 5 Buchan. de Iure Regni apud Scotos. becomes a Wolfe instead of a Shepheard, a destroyer in liew of a p. 10Protector; a publike Enemy in place of a Common friend; an vnnaturall Tyrant, instead of a naturall King) it followes inevitably; that the Subjects or Kingdomes resistance and defensive warre in such a case, both by the law of God, of nature, of the Realme, must be lawfull, and just; because directly opposite to, the only preservative against that warre, which is unlawfull and unjust: and so no Treason, nor Rebellion (by any Law of God or man,) which are illegall and criminall too.

Eightly, It is the received resolution of allbbGratian. Causa, 23. qu. 1, 2, 3. Iacob. Spie…egius, Lexicon Iuris, tit Bellum. F. de Iustitia et jure Non sine. Ioannis Calvini Lexicon Iuris. Tit. Bellum co. 244. 245. Summa Angelica, et Rosella A…e…sis Sum. Part. 3. qu. 36. mem. 3. & quaest. 47. num. 3. Martin Laud. de Bello, Surius Concil. Tom. 3. p. 520. Canonists, Schoolemen, and Civill Lawyers; That a defensive warre undertaken onelyonly for necessary defence, doth not properly deserve the nam of warre, but onelyonly of Defence: That it is no levying of warre at all, (which implies an active offensive, not passive defensive raising of forces, and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament, the onelyonly proper Iudge of Treasons, hath already resolved in point of Law) but a faculty onelyonly of defence Cuilibet Omni Iure, ipsoque Rationis Ductu Permissa; &c. permitted to every one By all Law, (or right) and by the very conduct of reason, since to propulse violence and iniury, is permitted by the very Law of Nations. Hence of all the seven sorts of warre which they make, they define the last to be, A just and Necessary War quod fit se et sua defendendo; and that those who d…e in such a war (caeteris paribus) are safe (Causa 23. qu. 1.) and if they be slaine for defence of the Common-wealth, their memory shall live in perpetuall glory. And hence they give this Definition of a just Warre.ccCalv. Lexicon. Iurid. Ih. ex Hotomano, and other forcited. Warre is a Lawfull Defence against an immi e…t or praeceeding offence upon a publike or private cause, concluding: That if Defence be severed from W…rre, it is a Sedition, not Warre; Although the Emperour himselfe denounce it; Yea, although the whole World combined together. Proclaime it: For the Emperour, or King, can no more lawfully hurt another in Warre, t…en he can take away his goods or life without cause. Therefore let Commentato s…b…awle et…rnally about Warre, yet they shall never justifie nor prove it lawfull, Nisi ex Defensione Legitima; but when it proceeds, from Lawfull defence, all Warres be…g rash and unjust, against those who justly defend themselves. This Warre then being undertaken by the Parliament, onelyonly for their owne, and the Kingdomes necessary defence, against the Kings invasive Armies and Cavalliers (especially, now after the Kings rejection of all Honourable and safe termes of Peace and accommodation tendered to him by the Parliament:) must needs be just and lawfull; and so no Treason, nor Rebellion, in point of Law or Conscience; Since no Law of God, nor of the Realme, hath given the King any Authority or Commission at all to make this unnaturall Warre upon his Parliament, his people, to enslave their Soules and Bodies, or any inhibition to them, not to defend themselves in such a ca…e.

These generall Considerations thus premised, wherein Law and Conscience walke hand in hand; I shall in the next place lay downe such particular grounds for the justification of this Warre, which are meerely Legall; extracted out of the bowels of our knowne Lawes; which no professors of them can contradict.

First, it is unquestionable, that by the Common and Statute Law of the Land, the King himselfe, who cannot lawfully proclaime Warre against a Forraigne Enemy, much lesse against his people, without his Parliaments previous assent, as I have elsewhere proved; cannot by his absolute Soveraigne Prerogative, either by verball Commands, or Commissions under the great Seale of England, derive any lawfull or just Authority to any Generall, Captaine, Cavalliers, or person whatsoever, without p. 11Legall Triall and Conviction, to seize the Goods or Chattels of any his Subjects, much lesse, forcecibly to R…b, Spoile, Plunder, Wound, Beat, Kill, Imprison, or make open War upon them, without a most just and in…vitable occasion, and that after open hostility) denounced agai…st them. And if any by vertue of such illegal Commissions or Mandats, Assault, Plunder, Spoile, Rob, Beat, Wound, Slay, Imprison, the Goods, Chattels, Houses, Persons of any Subject not lawfully convicted; They may, and ought to be proceeded against, resisted, apprehended, indicted cond…mned for it, notwithstanding such Commissions, as Trespassers, Theeves, Burglarers, Felons, Murderers, both by Statute, and Common Law; As is clearely enacted and resolved, by Magna Charta, cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Cha…tas, cap. 2. 4 E. 3. c. 4 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5. R. 2. ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. Iacob. c. 3. Against Monopolies. The Petition of Right. 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca. 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purv…yers 42. Ass. Pl. 5. 12. B…o…ke Commissions, 15. 16. Fortescue, c. p. 8. 9. 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Imprisonment, 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Conference at the Committies of both Houses, 3^•. Aprilis, 4^•. Caroli, concerning the Right and Priviledge of the Subject: newly Printed. Cooke lib. 5. fol 50. 51. lib. 7. fol 36. 37. lib. 8. fol. 125. to 129. Iudge Crooks and Huttons Arguments, against Sh…pmoney, with divers other Law-Bookes. Therefore the Cavalliers can no waies justifie, nor excuse their Wounding, Murthering, Imprisoning, Assaulting, Robbing Pillaging, and spoiling of his Majesties people and Subjects, and making Warre upon them, by vertue of any Warrant or Commission from the King; but may justly and legally be apprehended, resisted, and proceeded against, as Murtherers, Rebels, Robbers, Felons, notwithstanding any pretended Royall Authority to countenance their execrable unnaturall proceedings.

Secondly, It is irrefragable, that the Subjects in defence of their own Persons, Houses, Goods, Wives, Families, against such as violently assault them by open force of Armes, to wound, slay, beate, imprison, robbe, or plunder them (though by the Kings own illegall Commission) may not onelyonly lawfully arme themselves, and fortifie their houses (their Castles in Iudgement of Law,) against them; but resist, apprehend, disarme, beat, wound, repulse, kill them in their just necessary defence; not onelyonly without guilt of Treason, or Rebellion, but of Tresspas, or the very least offence; And Servants in such Cases may lawfully justifie, not onelyonly the beating, but killing of such persons, who assault their Masters persons, goods, or houses; as is expresly resolved by the Statute of 21. E. 1. De malefactoribus in Parcis; By 24. H. 8. cap. 5. Fitzherbert, Corone, 192. 194. 246. 258. 261. 330. 21. H. 7 39. Trespas, 246. Stamford, lib. 1. cap. 5. 6. 7. 22. Ass. 46. 11. H. 6. 16. a. 14. H. 6 24. b. 35. H. 6. 1. a. 9. E. 4. 48. b. 12. E. 4. 6. a. 12. H. 8. 2. b. Brooke, Coron 63. & Tr…spas 217. Therefore they may justly defend themselves, resist, oppose, apprehend, and kill his Majesties Cavalliers, notwithstanding any Commissions, and make a defensive Warre against them; when as they assault their persons, houses, goods, or habitations, without any Treason, Rebellion, or Crime all against the King or Law.

Thirdly, It is past dispute, That the Sheriffes Iustices of Peace, Mayors, Constables p. 12and all other Officers of the Realme, may and ought by our Lawes and Statutes to raise the power of the Counties and places where they live, and command all persons to arme themselves to assist them upon their Command, when they see just cause (which commands they are all bound to obey under paine of imprisonment and fines, for their contemptuous disobediene herein:) to suppresse and withstand all, publicke breaches of the Peace, Riots, Routs, Robberies, …raies, Tumults, Forcible Entries, and to apprehend, disarme, imprison, and bring to condigne punishment all Peace-breakers, Riotors, Trespassers, Robbers, Plunderers, Quarrellers, Murtherers, and Forces met together, to doe any unlawfull Hostile act, (though by the Kings owne precept:) and in case they make resistance of their power, they may lawfully kill and slay them without crime or guilt, if they cannot otherwise suppresse or apprehend them: yea, the Sheriffes, and all other Officers may lawfully raise and arme the power of the County to apprehend Delinquents, by lawfull Warrants from the Parliament, or Processe out of other inferiour Courts of Iustice, when they contemptuously stand out against their Iustice, and will not render themselves to a Legall triall; in which service all are bound by Law to assist these Officers, who may lawfully slay such contemptuous Offenders, in case they cannot otherwise apprehend them. All which is Enacted and Resolved by 19. E. 3. cap. 38. 3. Ed. 1. cap. 5. 2. R. 2. cap. 6. 5. R. 2. cap. 5. 6. 7. R. 2. cap. 6. 17. R. 2. cap. 8. 13. H. 4. cap, 7. 1. H. 5. cap. 6. 2. H. 5. cap. 6. 8. 19. H. 7. cap. 13. 3. E. 6. cap. 5. 1. Mar. cap. 12. 31. H. 6. cap. 2. 19. E. 2. Fitz Execution, 247. 8. H. 4. 19. a. 22. Ass. 55. 3. H. 7. fol. 1. 10. 5. H. 7. fol. 4. Register, f. 59. 60. 61. Fitz. Coron. 261. 288. 289. 328. 346. Stamford, lib. 1. cap. 5. 6. Cooke lib. 5. fol. 92. 9. 3. with sundry other Bookes, and Acts of Parliament, and Walsingham, Hist. Angliae, pag. 283. 284. Yea, the Statute of 13. Ed. 1. cap. 38. recites; That such resistance of Processe out of any the Kings Courts (much more then out of the Highest Court of Parliament) redounds much to the dishonour of the King and his Crowne; and that such resisters shall be imprisoned and fined, because they are desturbers of the Kings Peace, and of his Realme. And the expired Statute of 31. H. 6. cap. 2. Enacted: That if any Duke, Marquesse, Earle, Viscount, or Baron, complained of for any great Riots, Extortions, Oppressio…s, or any offence by them done against the Peace and Lawes, to any of the Kings Liege people, should refuse to obey the Processe of …he Kings Court, under his Great or privie Seale, to him directed, to answer his said offenes; either by refusing to receive the said Processe, or despiting it, or withdrawing h…mselfe for that cause, and not appearing after Proclamation made by the Sheriffe in …he County; at the day prescribed by the Proclamation; that then hee should for this his contempt, forfeit and lose all his Offices, Fees, Annuities, and other possessions that he, or any man to his use, h…th of the gift or grant of the King, or any of his Progenitors, made to him or any of his Ancestors: And in case he appeares not upon the second Proclamation on the day therein to him limited; that then he shall lose and forfeit his Estate and place in Parliament, and also All the Lands and Tenements Wh…ch he hath, or any other to his use for terme of his life, and all other persons having no Lands not appearing after Proclamation, were to be put out of the Kings Protection, by this Act. Such a heinous offence was it then repu…ed, to disobey the Processe of Chancery, and other inferiour Courts of Iustice even in th… greatest Peeres; how much greater crime then is, and must it be, contemptuously to disobey the Summons, p. 13Processe, and Officers of the Parliament it selfe, the supremest Court of Judicature, especially in those who are Members of it, and stand engaged by their Protestations, trusts, and Places in it, to maintaine its honour, power, and priviledges to the uttermost? which many of them now exceedingly vilifie, and trample under feete: and therefore deserve a severer censure then this statute inflicts; even such as the Act of 21. R. 2. c. 6. prescribed to those Nobles unjustly fore judged in that Parliament; That their issues males now begotten shall not come to the Parliaments, nor to the Councells of the King nor his heires; nor be of the Kings Counsell nor of his heires; Therefore it is undubitable, that the Sherifes, Iustices of Peace, Majors, Constables, Leivtenantes, Captaines, and other Officers in every County through the Realme, may by their owne Authority (much more by an Ordinance and Act of association of both houses) raise all the power of the County, & all the people by vertue of such commands may lawfully meete together in Armes to suppresse the riots, burglaries, rapines, plunders, butcheries, spoyling, robberies, and armed violence of his Majesties Cavaleers; and apprehend, imprison, slay, arraigne, execute them as common enemies to the kingdomes peace and welfare, even by the knowne Common Law, and Statutes of the Realme, and feise Delinquents notwithstanding any royall Commission or personal commands they may or can produce.

Fourthly, it is most certaine, that every Subject by the very Common Law of the Realm, (yea Law of Nature) as he is a member of the State and Church of England, ddSee principally 48. H. 3. Rot. Pat Mem 7. & Mem. 11 Dorss.is bound both in duty and conscience, when there is necessary occasion, to Array and Arme himselfe to resist the invasions, and assaults of o…en enemies of the Realme, especially of Forraigners, eeSee Aristot. Pol. l. 1, c, 1, 2, & l 2, 3. Polib. hist. l. 6. Fortescue. c, 9. to 15.as is cleare by infinite * Presidents, cited by the Kings owne Councell, and recited by Iudge Crooke in his Argument concerning Ship-money; in both the Houses two Remonstrances and Declarations against the Commission of Array; and the Answer of the first of them in the Kings name; all newly Printed (to which I shall referre the Reader for fuller Satisfaction:) and by the expresse statutes of 1 E. 3. c. 5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipulation of every member of any Republicke, State or Society of men for mutuall defence one of another upon all occasions of invasion, made at their first association and incorporation into a Republike, state, kingdome, Nation, of which we have a pregnant example, Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it, or shall himself become an open enemie to it; the Subjects are obleiged, by the self-same reason, law, equity, especially upon the Parliaments command, to Arm themselves to defend their Native Country, Kingdome against these forraigne and domesticke Forces, and the King himselfe if he joyne with them; as farre forth as they are bound to doe it upon the Kings own Writ and Commission, in case he joyned with the Parliament and Kingdome against them; the necessary defence and preservation of the Kingdome and themselves (and of the King onelyonly so farre forth as he shewes himselfe a King and Patron, not an enemie of his Kingdome, and Subjects,) being the sole ground of their engagement in such defensive warres: according to this notable resolution of Cicero, ffDe Officil… l. 2. p. 626.Omnium Societ…tum nulla est gratior; nulla cari… quàm ea quae … Re…ublica est unicuique nostrum Cari sun… pare…t…s, cari liberi, propinqui, familiares, SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST, iro qua quis bonus dubit…t mortem oppetere; si ei sit profuturus? Quo est detestabilior illorum immanitas, p. 14qui lacerant omni scelere Patriam, & n…a fun…itus delenda occupati & sunt & fuerunt: and seeing kings themselves as well as Subjects are bound toggExod. 32. 9. to. 5. 32. Num. 14. 11. to 15. 2 Sam. 8. 9 17. 1 Chr. 21. 17. Iohn 10. 11. 15. c. 11. 48. 49. 50.Exod 32:9Num 14:11–152 Sam 8:91 Chr 21:17John 10:11John 10:15 hazard their lives for the preservation of their Kingdomes, and peoples safetie; and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives, as I have elsewhere manifested; it cannot be denyed, but that every Subject, when the King is unjustly divided against his Kingdome, Parliament, and People, is more obleiged to joyne with the kingdome, Parliament, and his Native dearest Countrey, (who are most considerable) against the King; than with the king against the…; and rather in such a case than any other, because there is lesse neede of helpe, and no such danger of ruine to the whole Realme and Nation, when the King joynes with them against forraigne invading enemies; as there is when the king himselfe becomes an open intestine Foe unto them, against his Oath and Duty: and thehhCicero de L…gibus. Peop…es safety being the Supremest Law, & the Houses of Parliament the most Soveraigne Authoritie, they ought in such unhappie cases of extremitie and division to oversway all Subjects, to contribute their best assistance for their necessary just defence, even against the king himself and all his Partisans, who take up Hostile Armes against them, and not to assist them to ruine their owne Country, Kingdome, Nation, as many as now over-rashly do.

Fifthly, I conceive it cleare Law, that if the King himselfe, or his Courtiers with him, shall wrongfully assault any of his Subjects to wound, rob, or murther them without just cause, that the subjects, without any guilt of Treason or Rebellion, may not onelyonly in their owne defense resist the King and his Courtiers assaults in such a case, and hold their hands (asiiResolution of Conscience. Sect. 2. Doctor Ferne himselfe accords) but likewise close with, and disarme them; and if the King or his Courtiers receive any blowes, wounds, in such a case; or be casually slaine, it is neither Treason nor Murder, in the Defendants, who had no Treasonable nor murtherous intention at all in them, but onelyonly endeavoured their own just defence, attempting nothing at all against the kings lawful Royall authority: as is cleare by all LawkkSee Stamfords Pleas: f. 14. 15. 16. Cases, of man slaughter, se defe…dendo, and to put this out of question, I shall cite but two or three cases of like Nature. It hath beene very llSee Andrew Favine his Theatre of Honour l. 10. c. 5. 6. 7. Halls Chron. H. 8. f. 6. 7. 9. 11. 12. 58. 63. 68. 78 85. 91. 95. 146 154.frequent with the Kings of England, France, and o…her Princes, for triall of their man hood, … runne at Iousts, and fight at Barriers, not onelyonly with forraigners, but with their owne valiantest L…rds and Knights, of which there are various Examples. In these Martiall disports, by the very Law of Armes, these Subjects have not onelyonly defended themselves against their kings assaults and blowes; but retorted lance for lance, stroke for stroke, and sometimes unhorsed, disarmed, and wounded their Kings, our mmHall An. 16. H. 8. f. 122. 123.Ki…g Henry the eight, being like to be slaine by the Earle of …uffolke, at a … in the 16. yeare of his reigne: and no longer since then the yeare 1559. Henry the 2^d, King of France, was casually slaine in a Ioust by the Earle of Mountgommery, his Subject, (whom hee commanded to Iust one bout more with him against his will) whose Speare in the counter-blow ran so right into one of the Kings eyes,nnFox Acts and Monuments, vol. 3. Edit. ult. p. 969. 970. Iean Crespin. Lestate de Lesglise. An. 1559. p. 615: The generall History of France in his life. p. 677. that the shivers of it peirced into his head, perished his braine and slew him: yet this was Iudged no Treason, Fellony, nor offence at all in the Earle, who had no ill intention. If then it hath ever beene reputed lawfull and honourable, for Subiects in such militarie exercises, upon the challenges of their kings, to defend themselves couragiously against their assaults, and thus to fight with and encounter them in a martiall manner, though there were no necessity for them to answer such a challenge; and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony: then much more must it be p. 15lawfull by the Law of Armes, Nature, and the kingdome, for the Parliament and subjects in a necessary, just, unavoydable warre, to defend, resist, repulse the kings and his Cavaleers personall assaults, and returne them blow for blow, shot for shot, if they will wilfully invade them; and if the king or any of his Forces miscarry in this action, they must (like KingooHalis Chron. f. 123. 16. H. 8 Hen…y the 8^th when endangered by tilting) blame themselves alone, and have no other just legall remedie but p…tience, it being neither Treason, Rebellion, nor Murther in the defensive party, and most desperate folly and frenzie in any Prince, to engage himselfe in such a danger, when he neede not doe it. I reade ofppGenerall History of France p. 227. 228. Fabians Chron part. 7. in his life; with others. Charles the first of France; that he fell sodainely destracted upon a message he rec…ived from an old poore man, as he was marching in the head of his Army; and thereupon thinking himselfe betray…d incountred his owne m…n, and slew two or three of them…ere they were ware of him, wounding others. Whereupon they closing with him, dis…rmed and led him away forceably, keeping him close shut up like a Bedlam, …ill he recovered his senses. I thinke no man in his right wits, will deeme t…is their action Treasonable or unlawfull; neither did the king or any in that age thus repute it. If then a King in an angry franticke passion (forqqSene…a de… …ra. Ir… brevius furor est;) shall take up Armes against his loyall Subjects, and assault their persons to murther them and spoyle their goods; if they (by common consent in Parliament especially) shall forcibly resist, disarme or restraine his person, till his fury be appeased, and his judgement rectified by better councells; shall this be Treason, Rebellion, or Disloyaltie? God forbid: I thinke none but mad men can or will averre it. It was a great doubt in Law, till the statute of 33. H. 8. c. 20. setled it, If a party that had committed any high Treasons when he was of perfect memory; after accusation, examination, and confession thereof be…came madde or lunaticke; where he should b… tried and condemned for it during this distemper? And some from that very act (and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas, 16. b. and Cooke. l. 4. f. 124. Beverlyes case, which resolve, that a Lunaticke or Non Compos cannot be guilty of murther, feloney, or petite Treason, because having no understanding, and knowing not what he doth, he can have no fellonius intention) conceive, that a reall mad-man cannot be guilty of high Treason (though Sir Edward Cooke in Bev…rlies case, be of a contrary opinion) if he should assault or kill his king. And I suppose few will deemerrEadmerus, Malmes Hunt. Hoveden, Mat. West. Mat. Par Polychonicon, …ab. Caxton, Holinsh. Graf. Speed, Daniel, and others in the life of Wil. Rufus. Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree, shot at a Deere, high Treason; neither was it then reputed so, or he prosecuted as a Traytor for it, because he had no malicious intention (as most thinke) against the King, or any thought to hurt him. But I conceive it out of question, if a king in a distracted furious passion without just cause, shall invade his subjects persons in an open hostile manner to destroy them; it neither is, nor can be Treason nor Rebellion in them, if in their owne necessary defence alone, they shall either casually wound or slay him contrary to their loyall intentions; and thosessSee Stamford Bracton, Fitz-herbert, Brook, Cromp. Tit. Treason & Corone. Statutes and Law-bookes which judge it high Treason, for any one maliciously and trayterously to imagine, compasse or conspire the death of the King; will not at all extend to such a case of meere just defence; since a conspiracie or imagination to compasse or procure the Kings death, can neither be justly imagined nor presumed, in those who are but meerely defensive, no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice; in which a Pardon by Law, is granted of course: however, questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and … who are no kings, in such a defensive warre.

p. 16Sixthly, suppose the King should be captivated, or violently led away by any forraign or domesticke enemies to him and the kingdome, and carried along with them in the field, to countenance their warres and invasions upon his loyallest Subjects, by illegall warrants or Commissions fraudulently procured, or extorted from him. If the Parliament and Kingdome in such a case, should raise an Army to rescue the King out of their hands, and to that end encountring the enemies, should casually wound the King whiles they out of loyalty sought onelyonly to rescue him; I would demaund of any Lawyer or Divine, whether this Act should be deemed Treason, Rebellion or Disloyalty in the Parliament or army? Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case? those that come onelyonly to rescue the King, and so fight really for him indeed, though against him in shew; and wound him in the rescue? Or those who in shew onelyonly fought for him, that they might still detaine him captive to their wills? Doubtlesse there is no Lawyer, nor Theologue but would presently resolve in such a case, that the Parliaments Army which fought onelyonly to rescue the King were the loyall Subjects; and the Malignants army who held him captive with them, the onelyonly Rebels and traytors; and that the casuall wounding of him (proceeding not out of any malicious intention, but love and loyalty to redeeme him from captivity,) were no trespasse nor offence at all, being quite besides their thoughts: and for a direct president; It was the very case of KingttMat. Par. An. 1266. p. 967. Speed p. 640. Dan. p. 180. 181. Holinsh. Graft. Stow, and others. Henry the third; who (together with his sonne Prince Edward) being taken Prisoner by the Earle of Leycester in the battle of Lewis, and the Earle afterwards carrying him about in his Company in nature of a Prisoner, to countenance his actions, to the great discontent of the Prince, the Earle of Glocester and other Nobles; hereupon the Prince and they raising an Army, encountred the Earle, and his Forces in a battle at Evesham where the King was personally present, slew the Earle, Routed his Army, and rescued the king; in this cruell battell, theuuIn praefenti …ello, Dominus Rex extitit vulneatus & morti paene vicinus, jaculo in eum ex improviso dejecto, Mat. Par. Ibid. king himselfe (being wouded unawares with a Iavelin, by those who rescued him) was almost slaine, and lost much of his blood: yet in a Parliament soone after sommoned at Winchester, Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels; but those who rescued them though with danger to his person, rewarded as his loyall subjects. And is not this the present case? A company of malignant ill Councellors, Delinquents, Prelates, Papists, have withdrawne his Majestie from his Parliament, raised an Army of Papists, Forraigners, Delinquents and Male-contents, to ruin the Parliament, Kingdome, Religion, Lawes, Liberties; to countenance this their designe, they detaine his Majestie with them, and engage him all they can on their side: the Parliament out of no disloyall intention, but onelyonly to rescue his Majesties person out of their hands, to apprehend delinquents, preserve the Kingdome from spoyle, and defend their Priviledges, Persons, Liberties, estates, religion, from unjust invasion, have raised a defensive Army, which encountred these Forces at Edgehill, (where they say the King was present) slew the Lord Generall (Earle of Lindsey) with many others; and as they never intended, so they offered no kind of hurt or violence at all to his Majesties person then or since; and now full sore against their wils, Petitions, endeavours for peace, they are necessitated to continue this offensive warre, for their owne and the Kingdomes necessary preservation. The sole question is; Whether this Act, this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion? and who are the Traytors and Rebells in this case? Certainly, if I understand any Law or Reason, the Parliament and their Forces are and must p. 17be innocent from these crimes; and their opposite Popish Malignant Cavaleers, the onelyonly Rebels and Traytors; as this Parliament (the onelyonly proper Judge of Treasons) hathxxSee the Remonstrance of both Houses Nov. 2. 1642. already voted and declared them in point of Law.

Seventhly, it is**Littleton sect. 378. Cook. Iust. Ib f. 233. l. 5. E. 4. 26. 27. 11. E. 4. 1. b. 15. E. 4. 3. 6. Plowden p. 379. 380. 43. E. 3. c. 4 4. H. 7. c. 6. 7. Cooke l. 9 f 50. 95. 96. 99. Littleto…s and other Law-bookes expresse resolutions; That if a man grant to another the Office of a Parkership, of a Parke for life, the estate which he hath is upon condition in Law (though not expressed) that he shall well and lawfully keepe the Parke, and doe that which to his Office belongeth to doe, or otherwise it shall be lawfull for the grantor and his heires to remove him, and grant it to another if he will: and if the Parker negligently suffer the Deere to be killed, or kill the Deere himselfe without sufficient warrant from his Lord, it is a direct forfaiture of his Office. If then a Keeper of Forrester cannot kill or negligently suffer his Deere to be killed (no nor yet destroy the vert on which they should feed, or suffer it to be destroyed) without forfaiture of his Office, even by a condition annexed to his Office by the very Common Law; shall a King, thinke you, lawfully murther, plunder and destroy his Subjects, his kingdome, without any forfaiture or resistance at all? or will the Common Law of the Land in such a case which provides and annexeth a condition to the Office of a Parker, not much more unite it to the royall Office of a King, (who is but a regall Keeper, or**Isa. 78. 70. 71. 72. sheepheard of men, of Christians, of free men, not of slaves) for the Subjects preservation and security? Doth the Common-Law thus provide for the safety, the Liberty, welfare of our beasts, yea our wilde beasts, are our Deere so deare unto it, and will it not much more provide for the security of our owne persons, Lives, Liberties, estates? shall not these be dearer to it than our Deere? How many **See Charta de Forresta. Rastals Abridgment, Title Forrests. 3. Iac. c. c. 13. Petrus Biese… …is de Instit. Episcopi Bibl. Patrum Tom 12. pars 2. p 944. Illud ni…ilo. minnis …bsurdum, &c.riged Lawes have beene anciently, and of late yeares made, against the killing, the destroying of the kings, the Subjects Deere in Forrests and Parkes, for which some have lost their Liberties, Lives, members? And shall not the Lawes for the preservation of the Subjects Lives, Liberties, estates be more inviolably observed, more severely prosecuted? May a Forrester, Warrener, or Keeper of a Parke lawfully beate and kill another in defence of his Deere and other game, without any penalty or forfaiture at all, enjoying the Kings Peace as before this fact, by the expresse statute of 21. E. 1. Rastall Forrests 19. and Stamfords Pleas, l. 1. c. 5. 6. And cannot a poore subject defend his owne person, family, house, goods, Libertie, life, against the kings Forces, or Cavaleers without the danger of Treason or Rebellion, if the king himselfe be present with them, or they come armed with his unjust Commission? Certainely this is a too absur'd, irrationall, beastiall opinion for any to beleeve. It is our Saviours own doubled argument, Mat. 6. 26. Luke 12. 24. Behold the fowles of the ayre, and consider the Ravens, for they neither sow nor reape, neither have store-house, nor barne; yet your heavenly Father feedeth them: ARE NOT YEE MVCH BETTER THEN THEY? THEN FOWLES? And Luke 12. 6. 7. Mat. 10. 29. 30. 31. Are not two sparrowes sold for a farthing? and not one of them shall fall to the ground without your Father: But the very haires of your head are all numbred: Feare ye not therefore; YE ARE OF MORE VALVE THEN MANY SPARROWES And the Apostle hath the like argument, 1 Cor. 9. 9. 10. Doth God take care for Oxen? Or saith he it no… altogether for our sakes? for our sakes, NO DOUBT THIS IS WRITTEN, &c. **Gen. 1. 28. 29. 30. c. 9 2. Psa. 8. 4. …0. 9.Gen 1:28Gen 1:29Gen 1:30Ps 8:4Men are the Soveraigne Lords of all the Creatures, of farre more excellencie and dignity then all, …r any of them; especially Christian men; whence the Apostle Paul gives this strict charge to the Elders of Ephesus (belonging as well to kings as Ministers) Act. 20. 28. Take heed therefore unto all the flocke over which the holy Ghost hath m…de p. 18you over-seers to feed the Church of God which he hath purchase… with his owne blood: and God himselfe hath given this expresse inhibition even to**Psal. 105. 14. 15. 1. Chr. 16. 20. 21. See the Vindication and Revindication of this Text.Ps 105:14Ps 105:151 Chr 16:201 Chr 16:21 Kings themselves, concerning his and their peoples safety (most strangely inverted by flattering Divines, quite contrary to the words and meaning:) Touch not mine anointed, and do my Prophets no harme. And shall not men then made after Gods owne Image; men redeemed and purchased by the blood of Christ; men made **Rev. 1. 6. c. …. 10. c. 20. 6.Rev 1:6Kings and Priests to God their Father, whom God himselfe hath expressely prohibited Kings themselves to touch or harme; not be allowed liberty to defend their persons, houses, lives, liberties, without offence or Treason, against Kings or any their Cavaleers assaults, by the Law of God, the Common or statute Law of the Realme; when as their very Keepers, Warreners, Forresters may lawfully resist, and slay them to without crime or punishment, if they should offer but to kill, to steale their Deere or Connies? Are they not much better, much dearer to God, to Kings, then foules? then Sparrowes? then Oxen? then Deere? and their lives, their blood more precious then theirs? surely the Scripture is expresse: that **Psal. 7 …. 14. Ps. 116. 15.Ps 7:14Ps 116:15precious in the sight of the Lord is the blood the death of his Saints; and therefore **Gen. 9. 6. Mat. 26. 5….Gen 9:6Matt 26:5he that sheddeth mans blood (be he whom he will in an unlawfull way) by man shall his blood be shed; if not in a judiciall way, yet by way of just defence, as Christ himself expounds it, Mat. 26. 52. ALL they that take the sword, shall perish with the sword: and Rev. 10 10. He that killeth with the sword, MVST BE KILLED WITH THE SWORD; (no doubt he may be killed by way of necessary defence;) then it immediately followes; here is the patience and faith of the Saints: that is, Saints will and must patiently endure many pressures and wrongs from Tyrants and oppressors without resistance, but if they once come to make warre with them, as the seven headed beast there did v. 7. then both the faith and patience of the Saints themselves will binde their hands no longer, but give them free liberty in such an extremity (for their owne and the Churches preservation, in their just defence) to slay those seven headed beasts that shall assault them; the very faith of Christ then teacheth them no other lesson but this: he that lead…th into captivitie shall goe in…o captivitie, and he that killeth with the sword must be killed with the sword: and in such a case, God saith, Psal. 149. 6. 7. 8. 9. Let a two edged sword be in their hands, to execute vengeance upon the heathen, and punishment upon the people: to … their Kings with chaines and their Nobles with fetters of Iron; to execute upon them the judg…ment written: This honour (this priviledge in such cases) HAVE ALL THE SAINTS, Praise ye …he Lord. And very good reason is there for it. For as Nature it selfe hath instructed Lyons, Beares, Wolves, Boares, Stagges, Backes, and most other beasts, not onelyonly to defend themselves against the violence of one another, but even of Men their supreame Lords, when they assault and hunt them to take away their lives, over which God hath given men a lawfull power: much more then may men by natures dictate, defend their persons, lives against the unlawfull violence of their kings or Armies (over which God hath given them no power at all but in a legall way of justice for capitall offences) when they assault or make warre upon them to destroy them. Not to trouble you with Histories of Stagges and other beasts which have killed men th…t chased them, in their owne defence, of which there are infinite examples in the**… Roman and Spanish Histories, in those Amphithreatricall sports and spectacles wherein men encountred and fought with Lyons, Tygers, Beares, Buls and other savage B…asts; I shall onelyonly recite some few examples even of Kings themselves, who have beene slaine and devoured by such beasts as they have chased:**… Mad… King of Britain (as Polycronicon Fabian, p. 19Grafton and others record) being in his disport of hunting, was slain of the wilde beasts he pursued, when he had reigned 40. yeares: so was his sonne King Mempris slaine and destroyed in hunting in the same manner. Merind… King of Brittaine, was devoured by a Sea monster which he encountered: and**Zonaras Annal. To…. 3. f. 15. Munsieri Cosmog. l. 4. c. 59. p. 1 104. Basilius the 33. Emperour of Constantinople hunting a Stag, of an extraordinary greatnesse, and thi… king to cut off his necke with his sword; the Stagge ranfiercely at him, gored him with his hornes on which he tossed him, bruised his entralls, whereof he dyed some few dayes after, and had beene slaine immediately, on the beasts hornes, had not one there present drawne his sword and cut off his girdle, by which he hung on the hornes, to whom he gave a very ill requitall for this loyall service: other stories of kings slaine by beasts in their owne defence occure in story, and examples of kings slaine by men in and for their preservation, are almost innumerable: that of our king**Mat. West. An. 946. p. 946. Malmes… Huntirg. …ab. Graft. Holins. Speed, and others in his life. Edmond is observable among others, who as our Historians write being at a feast at Pulkers Church on Saint Augustines day, espied a theefe named Leof, whom he had formerly banished, sitting in the Hall, whereupon he leapt over the Table, assaulted Leof, and plucked him by the haire of the head to the ground; who in his owne defence, wounded the king to death with a knife, hurt many of his servants, and at length was himselfe hewen all in peeces. But that of our King**Hoved. An. pars posterior. p. 791. Mat. Paris, Mat. Westm. Polyc. Fab. Walfirg. Holinsh. Graf. Speed, Daniel in the life of Rich. 2. Richard the 1. is more remarkeable, who being shot in the arme with a barbed Arrow by one Peter Basil, (or Bertram Gurdon as others name him) at the siege of Chaluz Castle in Aquitain which rebelled against him; the Castle being taken, and the king ready to dye of the wound, commanded the person that shot him to be brought into his presence, of whom he demanded, What hurt he had done him that provoked him to this mischiefe? To whom he boldly replyed: Thou hast killed my father and my two Brothers with thine own hand; and now wouldest have slain me: take what revenge thou wilt; I shall willingly endure what ever torture thou canst inflict upon me, in respect I have slaine thee, who hast done such and so great mischiefe to the world. The king hearing this his magnanimous answer, released him from his bonds, (though he slew the rest) and not onelyonly forgave him his death, but commanded an hundred shillings to be given him. If then bruites by the very law of Nature have thus defended themselves against kings, who have violently assaulted them, even to the casuall death of the assailants: Why men by the selfesame Law, may not justly defend themselves against the unjust assailing warres of their Princes, and Armies, without Treason or Rebellion, exceeds my shallow understanding to apprehend: and I doubt those very persons who now plead most against it, onelyonly to accomplish their owne pernicious designes, would make no scruple of such a necessary defensive wars and resistances lawfulnesse, were the case but really their own; and those Papists and Cavalieers who now take up armes against the Parliament, the supreamest lawfull power in the Realme, and their owne native Country, without checke of Conscience, would doubtlesse make no bones at all forcibly to resist or fight against the King himselfe, should he but really joyne with the Parliaments Army, against them and their designes; there being never any Souldier or Polititian, but those onelyonly who were truely sanctified and religious, that made any conscience of fighting against, yea murthering of his naturall king, not onelyonly in a lawfull defensive warre, but in a Trayterous and R…bellious manner too, if he might thereby advantage or promote his owne particular interests, as is evident by the councell and speech of Davids souldiers, and King Saul himselfe. 1 Sam. 24. 4. 5. 6. 7. 18. 19. 21. by the words of Abishai, to David, 1 Sam. 28. 8. 9. 23. 24. by the Councell p. 20of Achitophell, which pleased Absolon, and all the Elders of Israel well, 2 Sam 17. 1. 2. 3. 4▪ and the infinite number of Emperours, of Kings, which have beene trayterously, and rebelliously slaine, without any just occasion by their own Souldiers, and that in a meere offensive, not defensive way; above halfe the Roman, Grecian, and German Emperours dying of such assassinations, or poysonings, very few of them of meere naturall deathes, as the Histories of their lives declare.

Eighthly, It is in a manner agreed byyySee Bishop Bilson, of Christiā subjection, &c. part. 3. P. 411. to 422. and the Authors there cited. Historians, Polititians, and Divines, that if a King will desert the defence and Protection of his people in times of warre and danger, and neither ayde nor protect them against their enemies according to his Oath and Duty, they may in such a case of extremity, for their owne necessary defence and preservation, desert him, who deserteth them, and elect another King, who can and will protect them from utter ruin. VponUpon this very ground thezzSpeed hist. l. 6. c. 54. l. 7. …. 1. 4. Camb. Brit. p. 107. 108. &c. c. See Holinsh. Poly, G…f. Brittons of this Nation after many hundred yeares subjection to the Roman Emperors, rejected their yoake and government, when they refused and neglected to defend them against the barbarous Picts and others, who invaded them, when they had oft craved their assistance; electing them other Patriots: So theaaIacobus Valdefius de Dignitate Regum Regn. Hisp. c. 18. Franciscus Tarap…a de Regibus Hispaniae, Michael. Ritius de Regibus. Hisp. l. 2. Manst. Cosm. l. 2 c 20. Spaniards being deserted by the Roman Emperors and left as a prey to their enemies; abandoned their government, and elected them Kings of their owne to protect them, which they justified to be lawfull for them to doe. And in like manner the Romans and Italians being forsaken of the Emperour Constantine, when they were invaded bybbSee Bishop Bilsons true difference, &c. p. 3. 411. to 416, and the Appendix here p 8. 9. Aistulfus King of the Lumbards; Elected Charles the Great for their Emperour, and created a new Empire in the West, distinct from that of Constantinople in the East, which Bishop Bilson himselfe concludes they might lawfully doe, in point of conscience. SoccAventinus Amid. 3. The generall hist. of France in his life. See the Appendix. Childerick being unfit to governe, and unable to repulse the enemies of the French which invaded his territories; thereupon by the advise of Pope Zachary, and of a whole Synod and Parliament in France, they deposed Childericke, and elected P…pin for their King, who was both able and willing to protect them; VponUpon this very ground theddSee Grimstons Imperiall history in their lives, & and the Appendix. Emperours Charles the third, and Wencestius were deposed, as being unable and unfit to defend and governe the Empire, and others elected Emperors in their steeds, Thus**The Generall History of Spaine p▪ 455. Mahomet the blinde, King of Granado, was in the yeare 1309. deposed by his owne Brother, Nobles, and Subjects, who were discontented to be governed by a blinde King, who could not lead them to the warres in person. And**Graft. part. 7 p 85. Buchanon Remou … l. 4. p …. 21. Ethodius the 2^d king of Scotland, being dull of wit, given to avarice, and nothing meete to governe the Realme; thereupon the Nobles tooke upon them the governmēt, appointing Rulers in every Province, & so continued them all his reigne, leaving him nothing but the bare title of a King, (not depriving him thereof, out of the respect they gave to the family of Fergusius) but yet taking away all his regall power. And not to multiply cases or examples of this nature:eeTheatre of Honour l. 2. c. 43. p. 183. Andrew Favine in his Theatre of Honour, out of the Chronicle of Laureshe…m and A…monius in his 4^th Booke of the History of France, relates a notable resolution given by the Parliament & Estates of France in this very point. In the yeare 803. Lewes the De…onnaire king of France holding his Parliament in May, there came thither from strange Provinces two Brethren, kings of Vuilses, who with frank & free good will submitted themselves to the judgement of the said …arliament, to which of them▪ the kingdome should belong. The elder of these two brethren was named Miligastus, and the yonger Celea…raeus, Now albeit the custome of the said kingdome, adjudged the Crowne to the eldest, according to the right of … allowed and practised by the Law of p. 21Nature, and of later memory, in the person of the last dead King Liubus, father to the two contendants; yet notwithstanding in regard that the Subjects by universall consent of the kingdome, had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT (cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret) and had given the Crown to the younger brother FOR HIS VALOVR & DISCREETE CARRIAGE; after full hearing of both parties, BY SENTENCE of PARLIAMENT, the Kingdome was adjudged to the younger Brother, (stat…t ut junior frater delatam sibi à Populo suo pot…statem haberet, &c) and thereupon the eldest did him homage, with oath of Alleigance in the said Parliament, and submitted to this sentence. And upon this very ground in ffSee Pareneere the end.some of our ancient British and Saxons Kings Reignes▪ when the right heire to the Crowne was an infant, unable to defend his kingdome and people against invading enemies, the Crowne hath commonly descended to the Vncle or next heire of full age, who was able to protect them and repulse their enemies, till the right heire accomplished his compleat age, as I have elsewhere manifested. If then a Kingdome by generall consent; may elect a new King to defend and preserve it, in case of invasion and eminent danger of ruine by forraigne enemies, when their present King either cannot, or will not doe his duty in protecting them from their enemies, and exposeth them for a prey to their devastations, as these examples and authorities conclude they may, though I will not positively determine so. Then certainely by equall, semblable and greater reason, subjects may lawfully take up necessary defensive Armes against their Kings, when they shall not onelyonly desert, but actually invade and wage warre against them, destroy and wast them in an open Hostile manner, and handle them as cruelly as the worst of enemies: such a wilfull unnaturall Hostile invasion, being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy. And if Kings in case of …ot…ishnesse or Lunacy may be lawfully deposed from their kingdomes by common consent of their Realmes, when they are altogether unfit or unable to governe, as Bishop Bilson asserts, and I have manifested elsewhere: then much more may they be lawfully resisted by force without guilt of Treason or Rebellion, when they wilfully and maliciously, contrary to their oath and duty, cast off their Royall governments, the protection of their subjects, and wage open warre against them, to enslave or ruine them. If a Father shall violently and unjustly assault his sonne, a husband his wife, a master his servant, a Major or other inferior Officer, a Citizen to murther, maime, or ruine them; They may in such a case by ggSee Summa… Rosella Tit. Bel…um.the Law of Nature, God, man, resist, repulse them in their owne defence without any crime at all, as dayly practise experimentally manifests; yea they may sweare the peace against them, and have a Writ hhFitz Nat. Brevium f. 80. 81.de securitate Pacis in such cases. Therefore by the selfefame reason they may resist the King and his Army in like cases; there being no more humane nor divine Law against resistance in the one case, than in the other.

Finally, it is the resolution of iiCommon weale l 2. c. 5. 220. …21.Iohn Bodin and others, who deny the lawfulnesse of Subjects taking up Armes against their Soveraigne Prince, or offering violence to his person, though he become a Tyrant: That if a Soveraigne Prince or King by lawfull election or succession turn… a Tyrant, he may lawfully (at his Subjects request) be invaded resisted, cond…m…ed or slaine by a forraigne Prince. For as of all Noble acts, none is more honourable or glorious, then by way of fact to defend the honour, goods, and l…ves of such as are unjustly oppressed by the power of the more mighty, especially the gate p. 22of Iustice being shut against them: thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian, and no meanes to have redresse of his wrongs: So it is a most faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people, unjustly oppressed by the cruelty of a Tyrant: as did the great Hercu…es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters, that is to say, Tyrants; and so delivered people, for which he was numbred among the gods, his posterity for many worlds of yeares after, holding most great Kingdomes. And other imitators of his vertue as Dio, Timoilion, Aratus, Harmodius, Aristogiton, with other such honourable Princes, bearing Titles of chastisers, and correctors of Tyrants. And for that onelyonly cause Tamerlain Emperour of the Tartars, denounced warre unto**See Knols Turkish Hist. in his life. Bajazet King of the Turkes, who then besieged Constantinople, saying, That he was comming to chastise his Tyrannie, and to deliver the afflicted people; and vanquishing him in battle, routed his Army, and taking the Tyrant prisoner, he kept him in chains in an Iron Cage till he dyed. Neither in this case is it materiall that such a vertuous Prince being a stranger, proceede against a Tyrant by open forc…, or fiercenesse, or else by way of justice. True it is that a valient and worthy Prince, having the Tyrant in his power, shall gaine more honour by bringing him unto his tryall, to chastise him as a murtherer a manqueller, and a robber; rather than to use the Law of Armes against him. Wherefore let us resolve on this, that it is lawfull for any stranger (Prince) to kill a Tyrant, that is to say, a man of all men infamed, and notorious for the oppression, murder, and slaughter of his subjects and people. And in this sort, our**Speede Hist. p. 1193. 1194 The History of the Netherlands, and the Swedish Intelligencer. Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spainte and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor, upon their sollicitation. If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppressions of their kings (as the Barons in**Mat. Par. Mat. West. Hoved. Speed, Holish. Fab. Graft. Daniel in his life. King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie) and those Princes in such cases, may justly kill, depose, or judicially condemne these oppressing Kings and put them to death. I conceive these whole kingdomes and Parliaments may with farre better reason, lesse danger, and greater safety to themselvs, their Kings and Realmes take up defensive Armes of their owne to repulse their violence. For if they may lawfully helpe themselves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them, nor particular interest in the differences betweene their kings and them, which can hardly be effected without subjecting themselves to a forraigne power; the death or deposition of the oppressing King: much more may they defend and releeve themselves against him by their owne domesticke Forces, if they be able, by generall consent of the Realme; because they have a particular interest and ingagement to defend their owne persons, estates, liberties, which forraigners want; and by such domesticke Forces may prevent a forraigne subjection, preserve the life of the oppressing Prince, and succession of the Crowne in the hereditary line; which**See Knols Turkish Hist. of the calling in the Turke into Graecia and Cambd…n & Speed of the Brittaines calling in the Saxons which proved their ruin and conquest. forraigne Armies most commonly endanger. And certainely it is all one in point of Reason, State, Law, Conscience, for Subjects to relieve themselves, and make a defensive warre against their Soveraigne by forraigne Princes Armes, as by their owne: and if the first be just and lawfull, as all men generally grant without contradiction; and Bract…n to l. 2. c. 16. I see no colour but p. 23the latter must bee just and lawfull too, yea then the first rather, because lesse dangerous, lesse inconvenient to King and Kingdome.

From Reasons, I shall next proceed to punctuall Authorities. Not to mention our ancienthhSee Matth. Westm. Huntirgdon, Galfridus Monumetensis, Florentius Wigorniensis, Polychronicon, Fabian, Caxton, Grafton, Holinshed, Speed, and others, in their severall lives. Brittons taking up of armes by joint consent, against their oppressing, tyrannizing Kings A…chigallo, Emerian, and Vortigern, whom they both expelled and deposed, for their tyranny and mis-govenment; nor our Saxo…s. ray…sing defensive Forces against King Sigebert, Osred, Ethelred, Beornard, Ceolwulfe and Edwyn, who were forcibly expelled, and deprived by their Subjects for their bloody cruelties and oppressions; which actions the whole Kingdome then, and those Historians who recorded them since, reputed just and honourable, and no Treasonor R…bellion in Law or Conscience, being for the Kingdomes necessary preservation, and the peoples just defence; which Histories I have elsewhere more largely related. Nor yet to insist long on the fore-mentioned Barons warre, against king Iohn and Henry the 3^d. for regaining, establishing, preserving Magna Cha…ta, and other Liberties of the Realme, which our Kings had almost utterly deprived them off; I shall onelyonly give you some few briefe observations touching these warres, to cleare them from those blacke aspersions of Rebellion, Treason, and the like, which some late Historians (especially Iohn Speed) to flatter those Kings to whom they Dedicated their Histories, have cast upon them, contrary to the judgement of our ancienter Choniclers, and Matthew Paris; who generally repute them lawfull and honourable.

First then consider, what opinion the Prelates, Barons, and Kingdome in generall, had of these Warres at first,iiMatth. Pari… Hist. Angl. p. 234 to 240. Holinshed, Grafton, Speed, Fabi… and Daniel, p. 140 141. 142. 143. Anno 1…14. in a Parliament held at Pauls the 16. yeare of King Iohns raigne, Steven Langton Archbishop of Canterbury, produced a Charter of King Henry the First, whereby he granted the Ancient Libert…es of the Kingdome of England (which had by his Predecessors beene oppressed with unjust exactions, according to the Lawes of King Edward, with those emendations, which his Father, by the cou…sell of his Barons, did ratifie: which Charter being read before the Barons, they much rejoyced; and swore in the presence of the Archbishop,; that for these Liberties they would, if need required, spend their blood: which being openly done in Parliament, they would never have taken such a publike solemne Oath, had they deemed a Warre against the King, for recovery, or defence of these their Liberties unlawfull, and no lesse then Treason and Rebellion in point of Law or Conscience. After this the Barons assembling at Saint Edmond bury, conferred about the said Charter, and swore upon the high Altar, That if King Iohn refused to confirme and restore unto th…m those Liberties (the Rights of the Kingdome) they would make Warre upon him, and withdraw themselves from his Allegiance, untill he had ratified them all w…th his Charter under h…s great Seale. And further agreed, after Christmas to Petition him for the same, and in the meane time to provide themselves of Horse and Furniture to be ready, if the King should start from his Oath made at W…nchester, at the time of his absolution, for confirmation of these Liberties, and compell him to satisfie their demand. After Christmas they repaire in a Military manner to the King, lying in the new Temple, urging their desires with great vehemencie: the King seeing their resolution and inclination to warre, made answer, That for the matter they required, he would take consideration till after Easter next, In the meane time, he tooke upon him the Crosse, rather through feare, then devotion, supposing himselfe to bee p. 24more safe under that Protection: And to shew his desperate malice and wilfuln…sse (who rather then not to have an absolute domination over his people, to doe what he listed, would be any thing himselfe under any other that would but support him in his violences) he sent an Embassage (the most base and impious that ever yet was sent by any free and Christian Prince) unto Miramumalim the Moore, intituled the great King of Affrica, Morocco, and Spaine; wherein he offered to render unto him his Kingdome, and to hold the same by tribute from him as his Soveraigne Lord; to forgoe the Christian Faith, as vaine, and to receive that of Mahomet, imploying Thomas Hardington and Ralph Fitz-Nicholas, Knights, and Robert of London Clerke, Commissioners in this negotiation; whose manner of accesse to this great King, with the delivery of their Message, and King Iohns Charter to that effect, are at large recited in Mathew Paris, who heard the whole relation from Robert one of the Commissioners, Miramumalim having heard at large their Message, and the Description of the King and Kingdome, (governed by an annointed and Crowned King, knowne of old to be free and ingenuous; ad nullius, praeterquam Dei spectans dominationem) with the nature and disposition of the people, so much disdained the basenesse and impiety of the Offerer, that fetching a deepe sigh from his heart, he answered, I have never read nor heard, of any King possessing so prosperous a Kingdome, subject and obedient to him, who would thus willingly ruine his Principality, as of free to make it tributary, of his owne to make it anothers, of happy to make it miserable, and to submit himself to anothers pleasure, as one conquered without a wound. But I have heard and read of many, who with effusion and losse of much blood (which was laudable) have procured liberty to themselves; modo autem au…io, quod Dominus vester miser, deses & imbellis, qui nullo null or est, de libero servus fieri desiderat, qui omnium mortalium miserrimus est. After which he said; That the King was unworthy of his Confederacie; and looking on the two Knights with a sterne countenance, he com…anded them to depart instantly out of his presence, and to see his face no more; whereupon they departing with shame; hee charged Robert the Clerke, to informe him truely what manner of person King Iohn was: who replied, That he was rather a Tyrant then a King; rather a Subverter then a Governour; a Subverter of his owne Subjects, and a Fosterer of Strangers; a Lyon to his owne Subjects, a Lambe to Aliens and Rebels; who by his sloathfulnesse had lost the Dutchy of Normandy, and many other Lands, and moreover thirsted to lose and destroy the Kingdome of England: An unsatiable Extortioner of money; an invader and destroyer of the possessions of his naturall people, &c. When Miramumalin heard this, he not onelyonly despised, as at first, but detested a…d accursed him, and said: W…y doe the miserable English permit such a one to raigne and domineer over them? Truely, they are effeminate and slavish: To which Robert answered: the English are the most patient of all men, unti…l they are offended and damnified beyond measure. But now they are angry, like a Lion or Elephant, when he perceives himselfe hurt or bloody; and though late, they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it: W…ereupon he reprehended the overmuch patie…ce an… fearefulnesse of the English; and dismissed these Messengers; who returning and relating his Answer to King Iohn, he was exceeding sorrowfull, and in much bitternesse of Spirit, that he was thus contemned and disapointed of his purpos…. Yet persisting in his pre-conceived wicked designe to p. 25ruine his Kingdome and people, and hating all the Nobility and Gentry of England, with a viperous Venom, he sets upon another course; and knowing**A true Character of a Pope. Pope Iuno cent to be the most ambitious, proud, and covetous of all men, who by gifts and pr…mises would be wrought upon, to act any wickednesse: Thereupon he hastily dispatcheth messengers to him with great summes of Money, and a re-assurance of his tributary Subjection, (which shortly after he confirmed by a new Oath and Charter,) to procure him to Excommunicate the Archbishop of Canterbury, and the Barons, whom he had formerly favoured; which things he greedily desired, that he might wrecke his malice on them by Dis… inheriting, Imprisoning, and Spoiling them being Excommunicated: Which things when he had wickedly plotted, he more wickedly executed afterwards. In the meane time, the Barons foreseeing that nothing was to be obtained but by strong hand, assemble an Army at Stamford, wherein were said to be two thousand Knights, besides Esquires, and marched from thence towards Oxford, where the King expected their comming to answer their demands. And being come to Brack…ey with their Army, the King sends the Earle of Pembroke Mariscall, and the Archbishop of Canterbury, with others, to demand of them, what were those Lawes and Liberties they required? to whom they shewed a Schedule of them, which the Commissioners delivered to the King: who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdome? and swore he would never gra…t those Articles, whereby himselfe should be made a Servant. So harsh a thing is it to a power, that is once gotten out into the wide libertie of his will, to heare againe of any reducing within his Circle. VponUpon this answer, the Barons resolve to seize the Kings Castles; constitute Robert Fitz-walter their Generall, entituling him, Mariscall of the ARMY of GOD, a…d of HOLY CHVRCH: A Title they would never have given their Generall, or Army, had they deemed this Warre unlawfull in Law or Conscience. After which they tooke divers of the Kings Castles, and are admitted into London; where their number daily increasing, they make this Protestation; Never to give over the prosecution of their desire, till they had constrained the King (whom they held perjured) to grant them their Rights. Which questionlesse, they would not have done, had they not beleeved this Warre to be just and lawfull. King Iohn seeing himselfe in a manner generally forsaken of all his people, and Nobles, having scarce 7. Knights faithfull to him (another strong argument, that the people and Kingdome generally apprehended, this taking up armes against the King to regaine, to preserve their hereditary Rights and Liberties, to be lawfull) counterfeits the Seales of the Bishops, and writes in their Names to all Nations, That the English were all Aposta…es, and whosoever would come to invade them, hee, by the Popes consent, would conferre upon them all their Lands and Possossio…s. But this device working no effect, in regard they gave no credit to it, and found it apparantly false; the King seeing himselfe deserted of all, and that those of the Barons part were innumerable, (cum tota Angliae Nobilitas in unum collecta, quasi sub numero non cadebat, writes Mathew Paris, another argument of the justice of this cause and warre, in their beliefes and consciences; at last condescended to grant and confirme their Liberties, which he did at Running-Meade, in such sort as I have formerly related. And though the Pope afterwards for his owne private ends and interest, (bribed by King Iohn, who resigned his Kingdome to him, and became his Vassall, without his peoples consent, which resignation was judged voide,) excommunicated p. 26the Barons withall their assistance; Qui Ioha…nem illustr…m Reg…m Anglorum Cruce signatum, ET VASALLVM ROMANAE ECCLESIAE (an honourable Title indeed for a King) pers quuntur, molientes ei Reg…um auferre (which this Pope him selfe did but few yeares before, giving his Crown and Kingdome it selfe to King Phillip of France, which to save, he sordidly resigned up to the Pope) quod ad Ronanam Ecclesiam dignosci…ur pertinere. llPag. 235. 267. 268.Yet this Excommunication thus procured by bribery, proceeding not out of Conscience to preserve the Kings due Rights, but selfe-respects to support the Popes usurped interest and Title to the Realme; and being a wicked plot of the King, more wickedly ex…cuted by the Pope, (who as Matthew Paris writes, was AD OMNIA SCELERA pro praemijs datis v…l promissis cereus & proclivis) and the London…rs, Barons, with divers Prelates then contemning it, as pronounced upon false suggestions, and especially for this cause, that the ordering of temporall affaires belonged not to the Pope, Cum Petro Apostolo & ejus Successoribus non nisi Ecclesiasticarum dispositio r…rum a Domino sit collata potestas. And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy, with liberty. Vt quid ad no… se extendit Romanorum insatiata cupiditas? Quid Episcopis Apostolicis & Militiae nostrae? Ecce successores Constantini & non Petri, non imitantur Petrum in meri…is, vel operibus; nec assimulandi sunt in Potestate. Proh pudor, marcidi ribaldi, qui de armis vel li…eralitate minime norunt, jam toti mundo propter excommunicationes suas volunt dominari; ignobiles usurarij & Simoniales. O quantum dissimu…es Petro, qui sibi Petri usurpant partem? &c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes, and the warre insuing it being but for their owne just defence, when the King afterwards with fire, sword, and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane, tyrannicall maner, Factus de Rege Ty…annus; imo in bestialem prorumpens feritatem, &c. which necessitated the Barons for their own preservation and the Kingdoms (devoted by this unnaturall Prince to Vassallage and utter desolation) to elect Lew…s of France for their King. Who, together with the Peeres and Estates of France, assembled at Lions concerning this Election; resolved it to be just and lawfull, and the Barons Defensive Warres against, and rejection of King Iohn for his Tyranny and oppressions, to be just and honourable, since they did but flee to these extraordinary remedies, and seeke for justice abroad, when they were denied it by him that should give it them in as or…inary way at home, chosing as King, in place of a Tyrant, asmmHist. Angl. pag. 270. 271. Matthew Paris, with thennPag. 121. 1…2. generall History of France (written by Iohn de Serres, and Englished by Edward Grimston) m…re largely manifest.