The Sovereign Power of Parliaments and Kingdoms, To the reader 2

The Sovereign Power of Parliaments and Kingdoms · To the reader 2

To The Reader.

COurteous Reader, our usuall Proverbe concerning Science; That it hath no enemies but Ignorants; is in a great measure now verified concerning the Proceedings of this present Parliament; that few or none malignantly clam or against them▪ but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority; though many of them in their own hightowring conceits deeme themselves almost Omniscients, and wiser than an hundred Parliaments compacted into one. Among these Anti-parliamentall Momusses, there are none more outragiously violent (Papists onelyonly excepted) in exorbitant Discourses, and virulent Invectives, against this Parliaments Soveraigne power, Priviledges, Orders, Remonstrances, Resolutions; then a Company of seemingly Scient, though really **Doct…m g… nu… indoctissimorum Hominum, vix ad Doroberniam usque docti. Erasmus.inscient, selfe-conceited Court-Doctors, Priests, and Lawyers; who have so long studied the Art of flattery, that they have quite forgot the very Rudiments of Divinity, Law, Policy, and found out such a Divine, Legall, unlimited absolute royall Prerogative in the King; and such a most despicable Impotencie, Inanity, yea Nullity in Parliaments, without his personall presence and concurrence with them; as was never heard of but in Utopia, if there; and may justly challenge a Speciall Scene in the next Edition of Ignoramus.

What God himselfe long since complained off;**Hos… 4. 1. 6▪Hos 4:1Hos 4:6 My people are destroyed for lacke of knowledge; may now be as truly averred of the people of England, (seduced by these blinde Guides, or over-reached by Iesuitically Policies,) they are destroyed for want of knowledge; even of the Kings just circumscribed Prerogative; of the Parliaments Supreame unlimited Authority, and Unquestionable Priviledges; of their owne Haereditary Liberties, and Native Rights: of the Law of God, of Nature, of the Realme in the points now controverted betweene King and Parliament; of the Machivilian deepe Plots of Priests and Papist… long since contrived, and their Confederacies with forraign States (now visibly appearing) by secret Practises, or open violence, to set up Popery and Tyranny, throughout our Realmes at once; and by false pretences, mixt with deceitfull Protestations, to make our selves the unhappie Instruments of our Kingdomes slavery, our Lawes and Religions utter ruine. The Ignorance, or Inadvertency of these particulars, coupled with a Popish blinde Obedience to all royall Commands though never so illegall; out of an implicit Faith, that what ever the King Commands (though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament) may and ought to be obeyed … as some new Doctor… teach▪ hath induced not onelyonly many poore Ignorant English and Welsh silly soules, but likewise sundry Nobles and Gentlemen of quality, very unworthily to engage themselves in a most unnaturall destructive warre, against the High Court of Parliament, and their**Cari sunt parentes, cari liberi, propinqui, familiares; sed omnes omnium caritates Patria una complexa est; pro qua quisbonus dubitet mortem oppetere, si ei …it profuturus? Quo est detestabilior illotum, immanitas, quilacerant omni scelere Patriam, & in eafunditus delenda occupati & sunt, & fuerunt, Cicero de Officiis l. 1. p. 614. Dearest Native Country, to their eternall infamies, and (which is almost a miracle to consider) to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland, (and some say under the Popes owne Standard) not onelyonly to subvert their owne Lawes and Liberties, but the very Protestant Religion here estabished, which they professe they fight for. In this deplorable warre many thousands have beene already destroyed; and the whole Kingdome almost made a desolate wildernesse, or like to be so ere this Spring passe over; and all onelyonly for want of knowledge, in the premises, which would have prevented all those Miseries and Distractions under which we now languish almost to desperation, and death it selfe.

To dissipate these blacke Clouds of Egyptian Darkenesse, spread over all the Land, distilling downe upon it in showres of Blood insteed of Aprill drops of raine, (and I pray God they make not all our May-flowers of a Sanguine dye,) I have, (after a long sad Contemplation, of my deare Countries bloody Tragedies) at the speciall Request of some Members of Parliament, (according to my weake Ability, and few Houres vacancy from other distracting Imployments) hastily compiled this undigested ensuing Fragment▪ with the preceding Branch thereof, and by their Authority, published that in dismembred Parts, which by reason of its difficultie to the Printers, & urgencie of present publike affaires now in agitation, I was disabled to put forth (together with the remaining member) in one intire Body, as I desired. Be pleased therefore kindly to accept that in Fractions, for the present, which time onelyonly must, and (God-willing) speedily shall compleat; which by Gods blessing on it, may prove a likely meanes to comprimise our present Differences; and re-establish our much-desired▪ Peace; together with our Religion, Lawes, Liberties in their Native purity and glory; (the very Crownes, and Garlands of our Peace;) Peace accompained with Slavery and Popery (both which now menace Us,) being worse then the worst of Warres; and an honourable death in the field fighting against them, better by farre then a disconsolate sordid slavish life, or a wounded oppressed Conscience, (though in a royall Pallace▪ under them. From such a disadvantageous, enslaving, ensnaring, unwelcome Peace, Good Lord Deliver Us.

All I shall adde, is but this request; A Charitable Construction, of this meane Service for my Countries Liberty, Tranquility, Felicity: and if thou, or the Republicke reap any benefit thereby, let God onelyonly enjoy thy Prayses, the Author thy Prayers. And because I have walked in an untrodden path, in all the Parts of this Discourse.

—Si quid novisti rectius istis

Candidus imperti; si non, his uteremecum.

p. 1THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES.

HAVING answered in the former Part, the Grand ObjectionObject. 2. against the Parliaments Soveraigne Power, I shall in this proceed to the particular crimes now objected against it. The second grand complaint of hisaaSee all his Majesties Declarations and Proclamations concerning the Militia, Commission of Array, Hull, The Complaint against the Parliament. Majesty and others, against the Parliament is, That both Houses by a meere Ordinance, not onelyonly without but against the Kings assent, have unjustly usurped the power of the Militia, a chiefe flower of the Crowne, and in pursuit thereof, not onelyonly appointed Lieutenants, and other Officers, to muster the Trained Bands in each County; but likewise seised the Ports, Forts, Navy, and Ammunition of the King, together with his Revenues; to regaine all which, his Majesty hath beene necessitated to raise an Army, and proceed against them in a Martiall way.

This unhappy difference about the Mi…itia, Answ.being (next to the Introduction of Popery) the spring from whence our uncivill warres have issued, and the full discussion thereof, the most probable meanes to put a speedy period to them: I shall with as …uch impartiality and perspicuity, as I may, like a faithfull Advocate to my Country, and cordiall indifferent well-wisher both to King and Parliament, truely state and debate this controversie, beginning with the occasions which first s…t it on foote.

In the late happily composed Warre betweene England and Scotland, (occasioned by the Prelates) divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers, Coat and Conduct money, taking away the Trained Bands Armes against their consents, and the like, for which many complaints were put up against them to this Parliament; many of them voted Delinquents, p. 2unfit for such a trust, and all their Commissions resolved to be against Law; so that the Militia of the Realme lay quite unsetled.bbSee the Parliaments Remonstrances, & Declarations touching all these particulars, specially Nov 2. 1642. Not long after, our Northerne Army against he Scots, the pacification being concluded, was by some ill instruments laboured to march up to London, to over-awe or dissolve the Parliament, and quash the Bill against the Bishops sitting in the House: Which plot being discovered, and the chiefe Actors in it flying over-sea ere it tooke effect, made the Parliament jealous and fearefull of great dangers, if the Command of the Forces of the kingdome then vacant, should be continued in ill-affected, or untrusty Officers hands; which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the Papists in Ireland, whoccSee D. Iones his Booke of Examinations, Printed by the Houses Order. pretended his Majesties and the Queenes Commissions for their warrant; by his Majesties unexpected accusation of, and personall comming (with an extraordinary Guard) into the House of Commons to demand the five Members of it, whom he charged with high Treason; by his entertaining of divers Captaines, as a supernumerary Guard at White-hall; and denying a Guard to the House; by the Earle of New-castles attempt to seise upon Hull, and the Magazine there, by command; by the Lord Digbies advise to the King, to retire from the Parliament, to some place of strength; by the Reports of Foraine Forces prepared for England, through the solicitation of those Fugitives, who had a finger in the former plots; and by the Queens departure into the Netherlands, to raise a party there. Hereupon the Parliament, for their owne and the kingdomes better security (in the midst of so many feares and dangers threatned to them) importuned his Majesty to settle the then unsetled Militia of the kingdome, by a Bill, for a convenient time; and seeing the King himselfe could not personally execute this great trust but by under-officers, by the same Bill, to intrust such persons of quality and sincerity (nominated by both Houses, and approved by the King) as both his Majesty, Parliament, and kingdome might securely confide in, to exercise the Militia, and keepe the Forts, Magazine, and Ammunition of the kingdome under him onelyonly (as before) till these blacke clouds were dissipated. Which his Majesty refusing to grant in so ample manner as was thought meete for their security; by a Vote of both Houses (when they were full) the Militia was committed to divers Noble Lords and others; many of whom have since laid downe their Commissions, which they at first accepted from the Houses, and instead thereof, beene active instruments in executing the Commission of Array; (issued out by his Majesty, in direct opposition to the Militia) which the Houses by two severall Declarations have since Voted and manifested, To be against the Law, and Liberty of the Subjects. And to prevent the arrivals of Foraine Forces, and a civill warre in the bow…ls of the kingdom, they first put the Tower of London, by the Kings consent, into a confiding hand, trusted by either party; then they secured Hull and the Magazine there; after this, when they were informed his Majesty had seised Newcastle, and was raising an Army, they possessed themselves of the Navy, Portsmouth, with other Ports and Forts; and sequestred his Revenues; (the Nerves with which he should support this unnaturall civill warre) which by degrees hath now overspread the whole kingdome, and threatens inevitable desolation to it, if not speedily determined, by an honourable safe Accommodation.

This being the true State and progresse of the Militia, the sole question will be; Whether all the former circumstances of danger, & his Majesties refusall to settle the p. 3Militia, Ports, &c. by an act; in such trusty hands, as both King and Parliament might confide in; the Parliament by an Ordinance of both Houses onelyonly, without the King, refusing to joyne with them, and wilfully absenting himselfe from the Parliament, might not in this case of necessity and extremity, (for their owne, and the kingdomes safety) lawfully settle and seise the premises, for the present, as they have done? and whether this be a just ground for the King to begin or continue a desperate civill warre against his Subjects? For my part, I shall not undertake to justifie all passages on either side, in the managing of this businesse; it may be there have beene errors at least in both parties: which to reconcile, as neere as possible, I shall premise such propositions on either hand, as Neither can in justice deny.

On the Kings part it is irrefragable:

First, That the Kings of England, (yea generally all Kings where ever) have usually enjoyed the chiefe Ministeriall Ordering of the Militia (in such sort as it hath beene setled by their Parliaments) for the defence of the kingdome by Land and Sea, against Foraine Enemies: A Truth acknowledged, not onelyonly by Judge Crooke, and Hutton, in their Arguments against Ship-money, but by the Parliament it selfe, in their two Declarations against the Commission of Array; thedd1 Sam. 8. 11 12. 20. c. 13. 2. … 17. 2 Sam. 8. c. 11. 1. c. 12. 29 30. c. 1 8. 1, 2.1 Sam 8:112 Sam 8 Scripture it selfe in sundry places, together witheePoli. l. 3. &. 5 Aristotle, ffHist. l. 6.Polybius, ggDe Offic▪ l. 2.Cicero, hhDe Dignitate Regum Hispaniae. c. 18.Iacobus Valdesius, theiiSee Munsters C…sino. l. 2. c. 18, 19, 20. l. 4. c. 59 Histories of all kingdomes attesting, that the originall cause of erecting Kings was, and one principall part of their Royall Office is, to be their Kingdomes Generals in their Warres, and fight their Battailes for them; the Kings of Sparta, and others, yea, the ancient Roman Emperours, beingkkSee Grimstons impe. Hist. …. Volater. Polyb. hist. l. 6. nothing but their Generalls to manage their Warres, and oft elected Emperours by the Roman Legions, for their skill in Martiall affaires.

Secondly, That it is not onelyonlyll… expedient, but in some respects necessary, that this chiefe ministeriall command of the Militia, Forts, and Navy, should constantly continue in the Crowne; unlesse it be in some speciall cases; as when the King is an Infant, or unable, or unwilling to discharge this trust; or intends to imploy this power against his Subjects to infringe their Liberties, and erect a Tyranny instead of a Royalty over them: And that it is not meete nor honourable to deprive his Majesty of this part of his Soveraignty, as long as he shall faithfully discharge his trust herein, but onelyonly to recommend unto him such persons of trust and quality to manage the Militia, Forts, and Navy under him, in these times of war and danger, in whose fidelity the Parliament and whole kingdome may confide, and so be freed from their just jealousies, feares, and dangers. Thus farre the Houses have already condescended; and upon these indifferent termes (as they conceive them) have oftmm… profered to resigne up all the Ports, Forts, Ships, Magazines, and Ammunition they have seised on, into his Majesties hands, they never desiring, nor intending to devest him of this his Soveraigne power over them.

On the Parliaments part, it must necessarily be granted to them by the King:

First, That the whole power which either his Majesty hath or claimes, or his Predecessors enjoyed over the Militia, Forts, Navy, Ammunition, & Revenues of the Crown; was originally derived and granted to his Ancestors, by the Parliaments and kingdomes free consents,**… And that onelyonly upon trust and confidence for their prot…ction, benefit, security, as the premises abundantly evidence.

Secondly, that the King hath no other power over the Militia, to Array, Arme, p. 4or Muster his Subjects in any case, then onelyonly in such manner as the Parliament by speciall Acts hath prescribed, as Sir Edward Cooke in his Institutes on Magna Charta, f. 528. 529. this Parliament in the two Declarations against the Commission of Array, and Judge Crooke and Hutton in their Arguments against Ship-money, have largely proved.

Thirdly, That in ancient times, in and before Edward the Confessors dayes, and since the Heretoches (or Lord Lieutenants of every Province and Country) who had the chiefe power of the Militia, and commanded them as their Generals in the Warres, were elected by the Common Councell of the kingdome (the Parliament) throughout all Provinces of the Realme, and in every County (by the Freeholders) in a full Folkmote, or County Court; as appeares by the expresse words of King Edwards owne Lawes, Recorded innnA…chaion p. 135. Mr. Lambard; Recited and affirmed by Sir Edward Cooke in his Institutes on Magna Charta, f. 174, 175.

Fourthly, That the Sheriffe of every County (who both**3 Ed. 3. c. 17. 19 E. 2. Fitz. Execution 247. 8 H. 4. 19. a. 3 H. 7. 10. Cook… Institutes on Mag. Char. f, 193. 13 E. 1. c. 38. then had, and now hath full power to raise the Militia, and Forces of the County upon any occasion, to apprehend Delinquents, execute Proces of the Law, suppresse Riots, and preserve the peace of the County) were not elected by the King, but by the Free-holders of each County, as theooCooke Ibid. p. 558, 559. Conservators of the Peace, and all great Officers of trust, then were, and theppCooke Ibid. No. Nat. Bre. 163 164. Register part 1. 177, 178 28 E. 3. c. 6. Stamford l. 1. f. 51. Coroners, Foresters, and other Officers, then and yet are elected by the Free-holders, (as well asqq7 H. 4. c. 15 8 H. 6. c. 7. Knights, Citizens, and Burgesses of Parliament) even at this very day; This is evident by the expresse words of King Edward the Confessors Lawes. Cap. de Heretochiis (Recorded by Mr. Lambard, Archaion, p. 135. and Sir**Instit. on Mag. Charta. f. 174, 175. Edward Cooke) attesting that the Sheriffes of every County were chosen by the Freeholders in the County Court: And by the Articles of deprivation against Richard the second, charging this upon him as an illegall encroachment,**Grafton p. 401 That he put out divers Sheriffes, lawfully ELECTED (to wit, by the Free-holders,) and put in their roomes divers of his owne Minions, subverting the Law, contrary to his Oath and honour. rrMat. Westm. Anno 126…. p. 310, 311. Fabi. part 7 p. 30. 71 Grafton p. 137. Speed p. 636.In the yeare 1261. The Barons, by vertue of an Ordinance of Parliament made at Oxford, in the 45 yeare of Henry the third, admitted and made Sheriffes of divers Counties in England, and named them Guardians and Keepers of those Counties, and discharged them whom the King had before admitted. After which, great tumults and seditions arose throughout the Counties of England about the Sheriffes; for the **Ma…. West hist Ibid.King making new Sheriffes in every County, and removing with regall indignation, those to whom the custody of the Counties was committed by the Barons and Commons of the Land; the Inhabitants of the Counties animated with the ass…stance, and ayded with the Counsell of some great men of the Realme, by whom they were instructed; with great sagacity, Novos r…pulere viriliter Vicecomites, manfully repulsed the new Sheriffes; Neither would they answer, regard, or obey them in any thing. Whereat the King being grievously troubled in mind, to gaine the peoples devotion & fidelity, directed his Letters to all the Inhabitants of the several Counties of England, moving to piety & tending to regaine the Subjects love. Wherupon great discord increased betweene the King and his Barons; who comming to London with great forces, the King finding himselfe too weak, ended the matter for the present with a fained Accommodation, which soone after was infringed by him; and so, Conquievit tandem per internuncios ipsa perturbatio, SUB SPE PACIS reformandae, sine strepit… guerrae, quorundum Procerum ad hoc electorum considerationibus, parte utraque concorditer inclinata: Sicque Baronum omnis labor, atque omne studium praecogitatum diu, QUORUNDAM p. 5(ut putabatur) ASTUTIA INTERMIXTA cassatum est ad hoc tempus, & emarcuit; quia semper nocuit differre paratis; writes Matthew Westminster▪ Notwithstanding these contests, the people still enjoyed the right of electin▪ Sheriffes, which is evident by the Statute of Articuli super Chartas, in the 28. yeare of King Edward the first, c. 8. The King granteth to the people (not by way of grace but of Right) that they shall have election of their Sheriffe IN EVERY SHIRE (where the Shrevalty is not of Fee) IF THEY LIST, and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire, the King will, that THEY SHALL CHUSE such Sheriffes, that shall not charge them, &c. And Sir Edward Cooke in his Commentary on Magna Charta, f. 174, 175. 558, 559. 566. proves at large, the right of electing Sheriffes, to be antiently, of late, (and at this day in many places) in the Free-holders and people, as in London, York, Bristoll, Glocester, Norwich, in all great Cities which are Counties, and in Middlesex. Seeing then the Parliament and Free-holders, in antient times had a just right to elect their Generals, Captaines, Sheriffes, (who had the sole power of the Militia, and Counties in their hands next under the King himselfe) and there is no negative Law in being (that I can find) to exclude them from this power; I humbly conceive, that their setling the Militia by an Ordinance of Both Houses, and electing of Commanders, Lieutenants, Captaines in each County to execute it, and defend the Counties from plundering, and destruction, without his Majesties consent (especially after his refusall to settle it by an Act) can be no incroachment at all upon his Prerogative Royall, but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors, now necessary to be resumed by them (in these times of feare and danger) for the kingdomes safety.

Fifthly, The Mayors, Bayliffes, Sheriffes, chiefe Officers of Cities and Townes corporate throughout… the Realme, (who under the King have the principall command of those Cities, Townes, Ports▪ and in many places of the Militia, and Trained Bands within them) are alwayes chosen by the Corporations and Freemen, not the King, without any derogation to, or usurpation on his Prerogative. Why then may not those Corporations, (yea each County too by the like reason) and the Parliament, which represents them and the whole kingdome, without any prejudice or dishonour to his Majesties Authority, by an Ordinance of both Houses of Parliament, without the King, dispose of the Militia, and these Military Officers, for the defence of those Corporations, and the Realme too, now, in times of such apparent danger?

Sixthly, all**See C…oks Instit. on Mag. Cha. f. 538. Military affaires of the kingdome heretofore, have usually, even of right, (for their originall determining, counselling, ann disposing part) … Ordered by the Parliament; the executive, or ministeriall part onelyonly, by the King; and so hath beene the use in most other kingdomes: To instance in particulars.

First, the denouncing of warre against Foraine enemies, hath beene usually concluded and resolved on by the Parliament, before it was proclaimed by the King: as our Records of Parliament, and Histories of warres in the Holy-Land, Fr…ce, Scotland, Ireland, abundantly evidence.ssSpeeds hist. p. 785 to 790. See Walsing▪ Fab. Holin. Holl, Stow Graft. in his life Anno 1 & 5. King Henry the fifth by the advise of his Prelates, Lords, and Commons in Parliament, and at their encitement, twice denounced and undertooke his victorious warre against France, to which Crowne he then laid claime, for which end they granted him Subsidies: KingttWalsing. hist. An…l. An. 1295 p. 25. See Holin. Speed▪ p. 653. Grafton, Fabian. Edward the 1. in the 21 yeare of his Reigne, p. 6calling a Parliament at London, de Concilio Praelatorum & Procerum, &c. by the advise of his Prelates, Lords and Parliament, denounced war against the King of France: to recover his right and lands there seised. Which to effect, both the Clergy and Laity granted him large Subsidies. In theuuGrafton, p. 227. 222, 223. fifth yeare of King Edward the third, the warre against Scotland was concluded and resolved on, in and by the Parliament; all the Nobles and Commons of England telling the King, they would gladly and willingly assist and goe with him in that expedition, which they vigorously prosecuted: Before this, Anno 1227. A peace (as well as war) was conec…uded with the Scots in and by a Parliament at Northampton. xxMatth. Paris, Anno. 1240. p. 561, 562, 563. See Daniel. p. 160. 561.Anno 1242. King Henry the third summoning a Parliament, and demanding ayd of his Subjects to assist him in his warre against the King of France, to recover his rights there, they gave him a resolute answer, that they would grant him no ayde, and that he should make no war with France till the Truce were expired: which Matthew Paris thus further expresseth: The Nobles answered him with great bitternesse of heart; that he had conceived this warre and vnyage into France without their advise: Et talia effrons impudenter postularat, exagitans & depauperans fideles suos tam frequenter, tra…ens exactiones in consequentiam quasi a servis ultimae conditionis, & tantam pecuniam toties extorsit inutiliter dispensandam. Contradixerunt igitur Regi in faciem, nolentes amplius sic pecunia sua frustratorie spoliari. The King hereupon put them off till the next day (Romanorum usus vertutis fallaciis) and then they should heare his minde concerning this and other matters. The next day he cals them one by one into his privy Chamber, Now one, then another, like a Priest calling penitents to confession; and thus those whom he could not all together overcome, weakned by being every one apart, hee endeavoured more cunningly to enervate with his words▪ and demanding a pecuniary ayde of them he said; See what this Abbot hath granted me towards my aide; behold what another hath subscribed, producing a fained Roll, that such and such an Abbot or Peere had subscribed such a summe, when in truth not one of them had consented to it, neither came it into their thoughts. The King therefore with such false copies, and ensnaring words. cunningly inveagled many: Notwithstanding most stood out, and would by no meanes recede from the common answer, which they had sworne not to recede from under paine of an Anathema. To whom the King answered in anger, Shall I be perjured? I have sworne with an inviolable oath, that passing over sea, I will with a stretched out arme demand my rights of the King of France, which I cannot doe without store of Treasure, which must proceed from your liberality, else I can by no meanes doe it. Neither yet with these, or other words could hee entrap any, albeit, he called every man single to conferre with. After this, he againe called others which were more familiar with him, and so talking to them said, What a pernitious example give you to others? you who are Earles, Barons, and valiant Souldiers, ought not to tremble as others, to wit, Prelates of the Church doe. You ought to be more covetous to demaund the Kings rights, and valiantly to fight against those who wrong me, &c. with what face then can you relinquish me poore and desolate now, being your Lord, in such a weighty businesse which concernes the Common-wealth, when I am bound by promises to passe the Seas, which I ratified with an oath? Which when it came to the knowledge of all, they answered:

We admire beyond all that can be spoken, into what bottomlesse pit the innumerable summes of money are sunke, which thou Lord King hast cunningly gained, by divers wardships of great men, by various escheates, frequent extortions, as well from Churches voyd of a Pastour, as from the lands of Noblemen, free granted Donatives, engendring amazement in the hearts of p. 7the hearers, all which have never brought so much as the least increase to the kingdome. Moreover all the Nobles of England doe overmuch admire, QUOD SINE EORUM CONSILIO ET CONSENSU, that without their counsell or consent you hauehave undertaken so difficult and perilous a businesse, giving credit to those who want faith, and contemning the favour of thy naturall Subjects, exposest thy selfe to cases of so doubtfull fortune: thou dishonestly and impudently, not without just perill of thy Soule, and wounding of thy Fame breakest the Articles of the truce betweene the King of France and thee, which thou hast sworn upon thy Soule indissolubly and unviolably to keepe for three yeares space, &c. The King hearing these things, was exceeding angry, swearing by all the Saints, that he would be revoked by no terrour, nor perswaded by any circumstances of words, to retard his begun purpose, and taking ship on Quindena Paschae, would undauntedly try the fortune of Warre in Foraine parts. And so the Parliament dissolving in discontent and secret heart-burning on both sides, the Lords and Barons for a perpetuall memory of their Heroicke Answer returned to the King, set it downe in a notable Remonstrance (too large to transcribe) which you may reade in**Pa. 562, 563. Matthew Paris. After this in the yeare 1248. this**Matth. Paris, Anno 1248. p. 718, 719, 725, 726. &c. Dani. p. 164. King summoned a generall Parliament at London, wherein hee demaunded an ayde from his Lords and Commons to recover his Right in France; who instead of granting it, informed him very roundly and fully of his unkingly and base oppressions both of his Subjects and strangers, to his owne and the kingdomes dishonour, and of his tyranny and rapines: At which the King being confounded and ashamed in himselfe, promised a serious and speedy Reformation; Which because they thought to be but feigned, he answered they should shortly see it; Whereupon they replyed, they would patiently expect it till fifteene dayes after St. Iohn Baptist, adjourning the House till then. But the King seduced, hardned and much exasperated by his bad Counsellers and Courtiers, giving then a very high displeasing answer to their demands; they all unanimously answered, that they would no more unprofitably impoverish themselves to enrich and strengthen the King and kingdomes Enemies; and that he had precipitately and indiscreetly, and WITHOUT THEIR CONSENT hastned into Poictiers, and Gascoygne, and engaged himselfe in that warre; whence he returned ingloriously with losse of his honour and treasure, to his great reproach. And so this Parliament dissolving with discontent, the King grew very angry with his ill Counsellors, for putting him upon these courses, which lost the hearts of his Nobles and people: who to pacifie his anger and supply his wants, advised him to sell all his Plate, Utensils, and Jewels to the Londoners, and then to resume and seise them againe, as belonging to the Crowne.

yyMatth. Paris, An. 1256. Dan. p. 172.Anno 1256. The same King Henry summoned a Parliament to assist him in his warres in Apulia; but because he had taken upon him that Warre WITHOUT HIS BARONS AND PARLIAMENTS CONSENT they and his owne Brother, Richard Earle of Cornwall, refused to grant or lend him any ayde. And**Nota. because all the Barons and Commons were not summoned to this Parliament, as they ought to be, according to the tenor of Magna Charta, they refused to doe any thing, or grant any aide without the rest of the Peeres were present; and so returned home discontented. After this, zzMat. Paris, An. 1258. p. 933, 934. 935. Dan. p. 175.Anno 1258. this King summoning a Parliament at London, demaunded ayde of them towards his warres in Apulia; to which the Parliament gave this resolute answer, that they could no wayes supply him in this case without their owne undoing: And if he had unadvisedly, and unseemingly gotten from the Pope the kingdome of Apulia for the use of his Son Edward, p. 8he should impute it to his owne simplicity, and that he had PRESUMED UNCIRCUMSPECTLY WITHOUT THE CONSENT OF HIS NOBLES TO UNDERTAKE THIS WARRE, as a contemner of deliberation and prudence, which is wont to forecast the end of things; therefore he should bring it to what issue he best could, and should take example from his brother Richard, who refused the Empire tendred to him, &c. In the second yeare of aaWalsing. An. 1311. hist. Ang. p. 71.King Edward the second, he consented to this Act of Parliament, That he would begin no warre without common consent in Parliament, which he then confirmed with an Oath. So bbWalsin. hist. Angl. p. 37, 38. &c. Ypodigma. Neustriae Anno. 1297. p. 83. to 87.An. 25 Edward 1. The Lords and Commons utterly refused to goe with the King to his wars in Flanders, though they were summoned to doe it; Because this warre was proclaimed without their consents and good likings; and they were not bound by their Tenures to goe unto it; petitioning the King to desist from this Warre; and at last caused the King in Parliament to release these services. And ccMat. Paris, An. 1205. p. 204.Anno 1205. The Lords and Commons for this very reason, refused to go with King Iohn to his warres in France to recover his inheritance there. **Walsing…am, hist. p. 319, 320 321, &c.In the sixt yeare of King Richard the second, in a Parliament holden at London, it was for many dayes together debated, whether the Bishop of Norwich (Henry Spens…r) wh…m the Pope had made Generall of his Forces against the Schismatickes of Flanders, giving great indulgences to those who should assist him in person or with Monies in this Warre, should undertake that Warre or no? and after mu…h opposition of the Captaines of the kingdome, alledging, that it was not safe to commit the people of the King and kingdome to an unexpert Priest; it was at last resolved in Parliament (through the constancy and valour of the Knights and Commons) that he should undertake this war, and goe Generall of the Army: Which office he valiantly managed with good successe; being a better Souldier than Preacher. And the same yeare in another**Walsingham, his…. p. 332. Parliament at London; it was Decreed BY THE PARLIAMENT, that because the Scots had broken their Faith with the English, Faith should be broken with them. (Frangenti fidem, fides frangatur eidem:) And that a select power should be sent into Scotland out of England, (to wit, a thousand Lances, and 2000. Archers) to curbe their attempts, under the conduct of the Lord Thomas of Woodstocke: which the Scots being informed of, were greatly afraid, and in the end of the Parliament sent humble supplicants to it, to treat with them about a peace or truce, which they desired. But the English having had such frequent experience of their falshood, would neither treat nor compound with them; but reviling their messengers, commanded them to returne home, wishing them to defend their heads and rights as well as they could. Who returning, the Northerne Lords undertooke the defence of their Country, untill Thomas of Woodstocke should be p…epared to ayd them with greater Forces. Loe here both Generalls, Armies, Warres appointed by the Parliament, and Subsidies likewise granted to supply them; and the making of a peace or truce referred to them, it being agreed in a former Treaty; that if any dammage or injury should be done by either Nation one to another, some speciall Committees should be sent to the Parliament of both kingdomes every yeare, who should publikely relate the injuries sustained, and receive amends according to the dammage suffered, by the judgement of the Lords.

In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our ddGrafton, p. 255, 250. Spe. p. 701.Historians too, (I finde this preamble, recited almost verbatim, the next Parliament the same yeare, chap 1.) It is to be remembred, that at the Parliament h…lden at Westminster, the munday next after the Utas of the Holy Trinity, in the Reigne of our Soveraigne Lord the King that now is, of England the 18. and of France the 5. many things were shewed in full Parliament, p. 9which were attempted by the adversary party, against our Soveraigne Lord the King of France, against the Truce late taken in Britaine, betwixt our Soveraigne Lord the King, and him. And how that he enforceth himselfe as much as he may, to destroy our said Soveraign Lord the King, and his Allies, Subjects, Lands and places and the tongue of England. And that was prayed by our said Soveraigne Lord the King of the Prelates, great men and Commons, THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY. And the same Prelates, great men and Commons taking good deliberation and advice, and openly seeing the subversion of the Land of England, and Kings great businesse, which God defend, if hasty remedy be not provided, HAVE COUNSELLED JOYNTLY and SEVERALLY, and prayed with great instance our Soveraigne Lord the King, that he would make him as strong as he might to passe the Sea, in assurance of the ayde of God and his good quarrell, effectually at this time, TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE. And that for Letters, words, nor faire promises, he shall not let his passage, till he see the effect of his businesse. And for this cause the said great men do grant, to passe and adventure them with him. And the said Commons doe grant to him for the same cause in a certaine forme, two Quinzimes of the Commonalty, and two Dismes of the Cities and Burroughes, to be levyed in manner as the last Quinzime granted to him, and not in other manner, &c. So that the money levyed of the same, be dispended in the businesse shewed to them this Parliament, BY ADVICE OF THE GREAT MEN THERETO ASSIGNED. And that the aydes beyond Trent, BE PUT IN DEFENCE OF THE NORTH. A pregnant Precedent of the Parliaments interest in concluding Warre and Peace, and disposing of the ayde contributed towards warres, to such persons and uses as they deeme meete to confide in. By these, with infinite other precedents, the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England, made this very Parliament, enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament, under paine of High Treason; It is evident, that the principall right of concluding, denouncing Warre or peace, resides in the Parliament: and that the King without its previous advice and consent, ought not to proclaime any open warre, since the Subjects estates; and persons must support, wage it, and receive most disadvantage by it; a truth not onelyonly implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland. Neither is this thing unusuall but common in other Kingdomes. eeL 2. Rom. hist. Dec. 2, 3. l. 5 Dec. 1. l. 8. Dec. 1. l. 9. D. 1.Livy,ffHist. l. 6. Polybius,ggImperiall hist. pass…. Grimston,hhNuma Pompilius. Plutarch,iiCommonwealth, l. 1. c. 10 p. 162, 163, 164. Iohn Bodin expresly affirme and confirme by sundry examples; That in the Roman State, both under their Kings and Emperours, the chiefe power of denouncing warre and concluding peace, was in the Senate and people: And if any of their Emperours, Consuls or Generals concluded peace without their consents, it did not binde, but was meerely voyd, unlesse the Senate and people ratified it by a new decree: neither might any warre be decreed, but in the great assembly of the Senate and people together, and by a publike Law. And because Caesar had, without command of the people, made warre in France, Cato Uticensis delivered his opinion in the Senate, that the Army was to be called home, and Caesar for his presumption delivered up to the Enemy. So in the States and Kingdomes of the **Bodin. i… & l. 3. c. 1.Athenians, Aetolians, Polonia, Sweden, Denmarke and Norway, no Warre was begunne, nor Peace concluded by their Kings but by the authority and preceding decree of their Senates, Parliaments and p. 10Diets, as kkBodins Commonweale l. 1. c. 10. p. 162 to 166.Bodin proves at large. The like llRerum Stoticarum. l. 9. p. 334. & l. 7. p. 234.Buchanan affirmes of the Kings of Scotland; and we have divine authority concurring with it, Iosh. 22. 11, 12, &c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11.

Secondly, All preparations belonging to warre by Land or Sea, have in the grosse and generall, beene usually ordered, limited and setled by the Parliaments: as namely,

First, What proportions and summes of money should be raised for the managing of the warre; in what manner and time it should be levyed; to what hands it should be paid; and how disbursed: which appeares by all the Bills of Subsidies, Tenths, Taxes, Tonnage and Poundage in the Reignes of all our Kings.

Secondly, How every man should be Mustered, Arrayed, Armed, According to his estate,mm11 R. 2. c. 7. See Rastall, Taxes, &c. 25. E. 3. Stat 9. as is cleare by all our Statutes of Armour, Musters, Captaines, Ships, Horses, Warres, reduced under heads bynnAbridgement of Stat. Rastall; where you may peruse them: by Justice Crookes and Huttons Arguments against Ship-money; Sir Edward Cookes Institutes on Magna Charta, f. 528, 529. the Parliaments two late Declarations against the Commission of Array: and the Statute of Winchester, 13. E. 1. c. 6.

Thirdly, How farre every man shall March when he is Arrayed, oo1 E. 3. c. 7. 18 E. 3. c. 8. 25 E. 3. c. 8. 4 H. 4. c. 13. 11 H 7. c. 18. 19 H. 7. c. 1, 2. 5 R. 2. c. 10. 1 H. 5. c. 9. 2. & 3 E. 6. c. 2. 4, & 5. Phil. & Mar. c. 3. 5 Eliz. c. 5. Littleton Chapter of Escuage; & Cooks Institutes on it f. 68. to 75. Fit. Nat. Bre. f. 83, 84. 7, H. 4. Fitz. Ten…res, 44. 73. The Acts for pressing Mariners, this Parliament 1 H. 6. c. 5. 18 H. 6. c. 18.Mark 3:5when he shall goe out of his owne County with his Armes, when not: who shall serve by Sea, who by Land; how long they shall continue in the Warres; when they shall be at their owne, when at the Kingdomes, when at the Kings costs or wages, and for how long time; as the Marginall Statutes, and next forecited Law Authorities manifest.

Fourthly, When, where, and by whompp1 H. 4. c. 7. 2 H. 4. c. 21. 7 H. 4. c. 14 8 H. 4. c. 1. 6. & c. 2. 19 H. 7. c. 14. Liveries, Hats, Coates, shall be given in Warres, when not, and whatqq9 H. 5. c. 3. 4 H. 6. c. 2. 14 E. 4. c. 2. 8 H. 6. c. 13. Fitz. Brooke Tit. Protection, 11 E. 4. c. 1, 2, 1 H. 7. c. 6. 49 H. 7. c. 4. 7 H. 7. c. 1. Protections or Priviledges those who goe to Warres, or continue in them shall have allowed them.

Fifthly, Whatrr1 H. 6. c. 5. 14 H. 7. c. 7. 2 R. 3. c. 4. 5 R. 2. Stat. 2. c. 3. shares or proportions of Prisoners, Prises, Booties, Captaines and Souldiers should be allowed in the Warres: And at whatss13. R. 2. c. 20. 14 E. 4. c. 10. Ports and rates they should be Shipped over Sea.

Sixthly,tt2 R. 2. c. 4. 13. c. 5. 15 R. 2. c. 3, 5 R. 2. c. 3. Stat. 2. 2 H. 4. c, 11. 2 H. 5. c. 6. 18 E. 3. c. 3. 14. H. 6. c. 6. 7, 8. 2 H 5. c. 6. 29 H. 6. c. 2. 4. H. 5. c. 7. 14 E. 4. c. 4. 18 H. 6. c. 9. 28 H. 8. c. 15. 37 H. 8. c. 4. How and by whom the Sea shall be guarded, and what Jurisdiction, Authority, and share of Prises the Admirals of England shall have; When the Sea shall be open; when shut to enemies and strangers; What punishments inflicted for Mariners abuses on the Sea; And what redresse for the Subjects there robbed by enemies or others.

Seventhly, Whatuu21 R. 2. c. 18. See Spelmans Gl…ss. Admiral. Cookes Instit. on Littleion, 260. 10 H. 6. c. 5. 4. E. 4. c. 11. 37 H. …. c. 1. 23 Eliz. c. 4. Castles, Forts, Bulwarkes, shall be built or repaired for defence of the Realme, in what places, and by whose charges.

Eightly, Whatxx2 R. 2. c. 4. 18 H. 7 c. 18, 19. 7 H. 7. c. 1. 3 H. 8. c. 5. 2 E. 6. c. 2. Phil. & Mary, c. 3. 5 Eliz. …Dyer 211. Cooke 6. r. f. 17. … punishment shall be inflicted upon Captaines, who abuse their trust, detaine the Souldiers wages, and on Souldiers, who sell their Armes, or desert their colours without speciall License.

Ninthly, Whatyy35 Eliz. c. 4 39 Eliz. c. 21. 43 Eliz. c. 3. provision there shall be made for, and maintenance allowed to Souldiers hurt or maimed in the Warres by Land, and for Mariners by Sea.

Tenthly, Thatzz7▪ R. 2. c. 16. 15 R. 2. c. 7. 7 H. 7. c. 6. no ayde, Armour, Horses, Victuals shall be conveyed to the enemies by way of Merchandise, or otherwise during the Warres; that all Scots, and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them.

p. 11Eleventhly, Howaa2 H. 4. c. 12 18. 20 28, 30, 31, 32, 33. 1 H. 5, c. 6, 7. 3 H. 5 c. 3. 4 H. 5. c. 6, 7. 7 Iac. c. 1. 15 R. 2 c. 7. 17 R. 2▪ c. 7. 4 H. 5. c. 6. 1 H. 1. c. 3.Jas 1:15 Frontier Castles and Townes toward Wa…es, and other places of hostility should be well manned and guarded, and no Welchmen, Irish, Scots or alien Enemies should be permitted to stay in England to give intelligence, or suffered to dwell or purchase Houses or Lands within those Townes; and that they shall all be disarmed.

Twelfthly, After whatbb3 E. 1. c. 7. manner Purveyances shall be made by the Captaines of Castles, and how they shall take up victuall. In one word, Warres have beene ended, Leagues, Truces made, confirmed, and punishments for breach of them, provisions for preservation of them enacted by the Parliament,cc2 H. 5. c. 6. 4 H. 5. c. 17. 14 H. 6. c. 7, 7▪ 29 H. 6 c. 2. 14 E. 4. c. 4▪ as infinite Precedents in the Parliament Rols and**15 R. 2. c. 7. 8 H. 6. c. 3. 14 H. 6 c. 8. 20 H. 6. c. 12. 23 H 6. c, 6 27 H. 6. c, 2. 12 E. 4. c. 3. 17 E. 4. c. 1. Printed Acts, demonstrate. So that our Parliaments in all**Se… 13 R. 2. c 2. 27 E. 3▪ c. 17 1 H. 6. c. 5. 9 H. 5. c. 3. 4 E. 3. c. 8 former ages, even in the Reignes of our most Martiall Kings, have had the Soveraigne power of ordering, setling, determining both the beginning, progresse, and conclusion of our Warres, and the chiefe ordering of * all things which concerned the managing of them by Sea and Land; being indeed the great Counsell of Warre, elected by the Kingdome, to direct our Kings; who were and are in truth but the kingdomes chiefe Lord Generalls, (as theddPolyb. hist. l. 6. Eutropius, Munster, Grimston, Zonaras in the Roman Emperours lives, Seldens Tit. of Honor.) Roman Emperours, and all Kings of old were their Senates, States and Peoples Generals, to manage their Warres and fight their battailes) the Soveraigne power of making and directing Warre or Peace, being not in the Emperours or Kings themselves, but in their Senates, States and Parliaments, aseeArist. Polit. l. 3. & 5. 1 Sam. 8 11, 12. 22.1 Sam 8:111 Sam 8:121 Sam 8:22 Bodin proves at large. And being but the Kingdomes Generals,ffCommonwealth l. 1. c 10 who must support and maintaine the Warres, there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause, as that they should direct and rule their Lord Generall now, or the King his Generals in both his Armies. During theggWalsingham hist. Ang. p. 458 Spe. hist. p. 1108 1109, 1120. minorities of King Henry the sixth, and Edward the sixth, the Parliament made the Duke of Bedford Regent of France, and the Dukes of Glocester and Sommerset, Lord Protectors of England; committing the trust of the Militia, and Warres to them: And (i) 39. H. 6. the Parliament madehhGrafi. p. 647 Halls Chron. 39 H. 6. f. 182. Sp. 362. Holinshed, S…ow, Mar…yn, 38, & 39 H. 6. Richard Duke of Yorke, Lord Protector of the Realme, and gave him like power, when the King was of full age. And in our present times: The King himselfe this very Parliament voluntar…ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament; who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland: and that without any injury, or eclipse, to his Majesties Royall Prerogative. If then the Subjects and Parliament in ancient times, have had the election of their Generals, Captaines, Commanders, Sheriffes, Mayors, and other Officers, having the chiefe ordering of the Militia under the King; if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes; appointed Regents and Protectors, committing to them the Kings owne Royall power over the Militia, during their Minorities; and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland, to which they have no such right or Titleash to that of England, without any prejudice to his Prerogative; I can see no just exception, why his Majesty should at first, or now deny the Parliament such a power over the Militia, as they desired for a time; or why in point of Honour or Justice, their Bill for setling the Militia in safe under hands, in such persons as both sides may well confide in, should now be rejected, being for the Kings, Kingdomes, and Parliaments peace and security; much lesse, why a bloody intestine Warre should be raised or continued, upon such an unconsiderable p. 12point on his Majesties part: who seeing he cannot manage the Militia in proper person in all Counties, but onelyonly by Substitutes; hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate (in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence) to execute this trust, then any whom his owne judgement alone, or some private Lords or Courtiers shall recommend, in whom the Kingdome and Parliament, in these jealous deceitfull times, dare not confide. The yeelding to the Parliament in this just request, will remove all feares and jealousies, restore our peace, re-gaine his Majesty the reall affections of his discontented Subjects; the persisting in the contrary course will but adde fuell to our flames, feares, doubts, dangers, and frustrate all hopes, all endevours of Peace.

From the Militia it selfe, I descend to the consequencies of its denyall, the Parliaments seising upon Hull, with other Ports and Forts, the Royall Navy, Ammunition, Armes, Revenues, and detaining them still from his Majesty, the grand difference now pretended, whence the present warre hath emerged; which these ensuing considerations will in a great measure qualifie, if not altogether satisfie.

First, his Majesty and all Royalists must necessarily yeeld, that the Ports, Forts, Navy, Ammunition, Armes, and Revenues thus seised on by the Parliament, though hisiiSee the Remonstrance of both Houses, Nov. 2. 1642. Majesties in point of possession, yet are not his, but the Kingdomes in point of right and interest; they being first transferred to, and placed on his Predecessors and himselfe by the Parliament and Kingdome: not in right of propriety, butkkSee Littleton, sect. 378, 379. and Cooke ibid. Fitz. Nat. f. 113 a. Cooke 7. f. 5. 14 E. 3. c. 1. 11 R 2 c. 1. 42 E. c. 4. conditionally upon trust, (his Majesty being but a publike Officer) for the defence and safety of the Realme; and though his Majesty came to them by descent, yet it was but in nature of the Heire of a Feoffee in trust, for the use and service of the kingdome; as a King in his politicke; not as a man or Proprietor in his naturall capacity; as ourllPl…wd. Com. f. 245. 221. 250 34 H. 6. f. 34. Cooke Instit. on Littleton. f. 15. b. Law Bookes, Terminis terminantibus resolve. Hence it hath been oft adjudged;mm35 H. 6. c. 7 Fitz. Devise. 5. 1 H. 5. Executors. 108. 21 E 4. 45▪ b 21 E. 3. 39. 24 E. 3. 42. 11 H. 4. 7. Fit. Quare Imp. 35 53. 54. 115 118, 189. Presentment ab Esglise, 11 Livery. 23, Cooke, l. 9 f. 97. 16 R. 2. c. 1. 4, 1 H. 6. c. 5. that the King can neither by his will in writing, nor by his Letters Patents, Devise or alien the Lands, Revenues, Jewels, Ships, Forts, or Ammunition of the Crowne (unlesse it be by vertue of some speciallnn21 R. 2. c 9 Cooke, l. 8. The Princes case. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 H 6. c. 5. 25 H. 8. c. 22. Act of Parliament enabling him to doe it by the kingdomes generall consent;) and if any such alienations be made, they are voyd in Law, and may be, yea have beeneoo1 H. 5. c. 9 31 H. 6. c. 7. 10 R. 2. c. 1. oft resumed, reversed by the Parliament; because they are not the Kings, but kingdomes, in point of intere…t and propriety: the Kings, but in possession and trust for the kingdomes use and defence. Hence it is, that if the King dye, all hispp14 E. 3. Stat. 2▪ c. 1. 5▪ R 2. c 3 Al Statues that give Subsidies, Tenths, Ton…age or Poundage, See Rastal Taxes, &c. Ships, Armes, Ammunition, Jewels, Plate, Debts to the Crowne, Moneyes, Arrerages of Rents or Subsidies, Wards, and Rights of presentments to voyd Churches, goe onelyonly to his Successors, not to his Executors, (as in case of a common person,) because he enjoyes them not as a Proprietor (as other Subjects doe) but as a Trustee onelyonly, for the ggSee before Cooke 5▪ f. 15 & 14 E. 3. c. 1. 10 R. 2 c 1.kingdomes benefit and defence; as ahhSee Fitz & Brooke, Abbey, Corpora…ions, Deane & Chap. Parson. Bishop, Abbot, Deane, Mayor, or such like Corporations, enjoy their Lands, not in their naturall but politicke capacities, for the use and in the right of their Churches, Houses, Corporations, not their owne. Upon this groundiiSpeed p. 459. Matth. Paris, p. 2. King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour, without the Kingdomes consent, to be voyd; and kkMat. Paris hist. Mino…, Dr. Crakenthorpe of the Popes temporall Monarchy, p. 252. to 255. Graft…n 11.King Philip, with all the Nobles, of France, and our owne Parliament (40 E. 3. rot. Par…. nu. 8.) unanimously resolved, King Iohn his resignation and grant of the Crown p. 13and Kingdome of England, to the Pope, without the Nobles and Parliaments consents, to be a meere nullity, voyd in Law, binding neither King nor Subject; the Crowne and possessions of it, being not the Kings but kingdomes.

And before this,**Mat. West. An. 1245. p. 191, to 197. Walsingh. Ypodig. Neust. p. 60. Mat. Paris p. 646. Anno Do…. 1245. in the great Councell of Lyons, under Pope Innocent, to which King Henry the third, sent foure Earles and Barons, together with the English Prelates, and one Master William Powyke an Advocate, to complaine of the Popes exactions in the Councell, which they did; where they likewise openly protested against the annuall tribute extorted by the Pope, by grant from King Iohn, (whose detestable Charter granting that annuall tribute, was reported to be burnt to ashes in the Popes closet, by a casuall fire during this Councell) as a meere nullity, and that in the behalfe of the whole kingdome of England; EO QUOD DE REGNI ASSENSU NON PROCESSERAT, because the kingdome consented not thereto; and because the King himselfe could make no such Charter to charge the kingdome. Which Matthew Paris thus expresseth. W. De Poweric Anglicanae Vniversitatis Procurator assurgens, gravamina Regni Angliae ex parte universitatis Angliae, proponens satis eleganter; conquestus est graviter, quod tempore Belli per …uriam Romanam, extortum est tributum injuriose, in quod nunquam patres Nobilium regni, vel ipsi consenserunt, nec consentiunt, neque in futurum consentient, unde sibi petunt justitiam exhiberi cum remedio. Ad quod Papa, nec oculos elevans, nec vocem, verbum non respondit.

Upon this reason (l) Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope,**Hist. p. 868. Anno 1251. for such monies as he should expend in the Warres: useth this expression. Rex secus quam deceret, aut expediret, Se, suumque Regnum, sub paena exhaeredationis, QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT, Domino Papae obligavit. Hence King Edward the third, having the Title of the King and Crowne of France devolved to him, which made some of the English feare, that they should be put in subjection to the Realme of France, against the Law; the Parliament in the 14. yeare of his Reigne, Stat. 4. passed a speciall Act, declaring; That the Realme of England never was, nor ought to be in subjection, nor in the obeysance of the Kings of France, nor of the Realme of France: and enacting; that the King of England or his Heires, by colour of his or their Titles to the Crowne, Seale, Armes, and Title of the King of France should not in any time to come put the Realme of England, or people of the same, of what estate or condition soever they be, in subjection or obeysance, of him, nor his Heires nor his Successors, as Kings of France, nor be subject, nor obedient, but shall be free and quite of all manner subjection, and obeysance as they were wont to be in the time of his Progenitors, Kings of England for ever. By the Statute of 10 R. 2. c. 1. it is resolved, That the King could not alien the Land, Castles, Ships, Revenues, Jewels, and Goods of the Crowne; and a Commission is thereby granted to inquire of, and resume all such alienations as illegal. Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire, in their Petition to the King, and the whole Parliament in and by that Law, declared; That the Crowne and kingdome of England, hath been so free at all times, that it hath beene in subjection to no Realme, but immediately subject to God, and to none other; which (by the prosecution of suites in the Court of Rome for Benefices, provided against by this Act) should in all things touching the Regality thereof, be submitted to the Bishop of Rome, and the Laws and Statutes of the Realme be by him defeated and frustrated at his will, to the destruction of the King, his Soveraignty, Crowne and Regality, and of all his Realme; in defence p. 14whereof in all points, they would live and dye. Hence the Kings of England have alwayes setled, entailed, and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament, and consent of the whole Realme, because the whole kingdome hath an interest therein, without whose concurring assent in Parliament, they had no power to dispose thereof: as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1, 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138, 139. abundantly manifest, and Cooke l. 8. the Princes case. Upon which ground**Fox Acts & Mon. vol. 3. p. 13 to 17. See Hol. Graft. Sp. Stow Martin, & others in 1 Mariae. King Edward the sixt, his devise of the Crowne of England to the Lady Iane, by his last will in writing, without an Act of Parliament, contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd; though subscribed and sworne to, by all the Lords of the privy Counsell, and all the Iudges but one; and Queene Iane, with the Duke of Northumberland and others, who proclaimed her as Queen of England by vertue of this devise, were condemned and executed as Traytors: Whereas auy private Subject may devise, and settle his estate as he pleaseth, without any speciall Act of Parliament to authorize him.

Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth, and the Legacies therein bequeathed of 40000. Markes in Goods, Chattels, Jewels, Moneyes for Payment of the Kings debts, are ratified by the Lords, Commons, and Protectors, concurring assents by an Act of Parliament, as being otherwise invalid to binde the King or Kingdome. And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum, concluded on by Articles upon her Marriage, and by a Parliament held the second of May in the 9. yeare of King Henry the fifth, well approved, authorized and accepted, which Articles that King then swore unto, and the three Estates of the Realme of England, to wit, the Prelates, Nobles, and Commons of England, in that Parliament, and every one of them, for them, their Heires and Successors, promised well and truely to observe and fulfill for ever, as much as to them and every of them appertained: Was after her Husbands death, upon her petition, by a speciall patent made by this Infant King her Son, WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL, and COMMONS OF ENGLAND, IN THAT PRESENT PARLIAMENT ASSEMBLED, assigned, setled, and confirmed, out of the Crowne Lands therein specified: else it had not beene binding to the Successor King or Realme: the Crowne Lands being the Kings but onelyonly in the Kingdomes right; whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments, (wheras any other man may endow or make his Wife a good Joynture, without the Parliaments assent or privity;) And in**Walsingham, …ist. p. 112. Daniels hist. p. 220 Speed p. 688. 2 E. 3. the Queene Dowagers great Ioynture (which tooke up three parts of the Kings Revenues) by common consent in a Parliament, held at Nottingham, was all taken from her, (because not duely setled by Parliament, and too excessive, to the Kings and kingdomes prejudice) and she put to a pension of 1000. li. per annum, during her life.

And by the Statute of 1 H. 6. c. 5. it is expressely resolved, That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne, to maintaine his Warres, without a speciall Act of Parliament; and if he did, those to whom he pawned or sold them, were still accomptable to the Crowne for them, and the alienation voyd; whence, the carrying of the Jewels, Treasure, and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament, was p. 15one of themmGraf. p. 401 Articles objected against Richard the second in Parliament, when he was deposed; the Jewels and Crowne Lands being not the Kings in right of property and interest, but the kingdomes onelyonly; and so all alienations of them without the Parliaments consent voyd, and usuallynn1 H. 5 c. 9. 10 R. 2. c. 1. Graft. p. 90, 149 Mat. Par. p. 306 308. Sp. p. 597 Daniels hist. pa. 78, 79, 80, 123 resumed by the Parliament; witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours, Castles, Townes, Villages, Manors, Lands, Rents, Reversions, Annuities, &c. from the first yeare of his Reigne till then, with divers other precedents of Resumptions in the Margin, in King Stevens, Rich. 1, 2. & Hen. 2, 3, & 5. their Reignes.

These resolutions of our Common and Statute Law, are seconded by many forraigne Civilians, as Baldus in Proem. de Feud. n. 32. 33. Aretine in Rubric. Lucas de Penna. Cod. de omni agro deserto. l. Quicunque f. 184, 185. Albericus de Rosate: Quodcunque. praescrip. bene a Zenone. n. 4. f. 3. 1. 4. Boetius Epan. Haeroic. quest. qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius, Practic. qu. c. 4. n. 1. Martinus Laudensis, de Confaed. Tract. 1. qu. 13. Ioan. Andreas, in cap. dilect. de Maior. & Obed. Franciscus Vargas de Author. Pontif. Axiom. 1. n. 2. Concilium Toletanum 8. Surius Concil. Tom. 2. p. 865, 866. with sundry others (many of whose words you may reade in Doctor Crakenthorps defence of Constantine, p. 169. to 175.) who affirme; That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes, contrary to their Oathes and Trusts, they being the Kingdomes not theirs in right. Whence they conclude, Constantines pretended Donation of Rome, and Italy to the Pope, a meere Nullity. And**Grimston, Imperiall history, p. 646, 647. Generall history of France, p: 576, 577, 578. Francis the first King of France, An. 1525. professed publikely to all the world; That it was not in the power of a French King, to bind himselfe to the alienation of any Lands, Townes, or Territories belonging to the Crowne, without the consent of the generall Estates of France, & of his Soveraigne Courts and Officers, in whose hands the Authority of the whole Realme remained; And therefore …e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth, who had taken him prisoner in the Battle of Pavia, or to release his right to any territories belonging to the Crowne of France, though he had sworne to do it to procure his Liberty, alledging that he had no power to do it, without his kingdomes and Parliaments consents. It is true,oo7. E. 4. 17. Dyer. f. 86. 283. b. 1. R. 3. c. 5. our Law-bookes say; That the King cannot be seised of Lands to any private Subjects use, by way of feofment, because it stands not with his honor to be any private mans feoffee; because no Subpena lieth to force him to execute it, & he is a Corporation: yet he may have the possession of lands in others right, and for their uses (as ofppSee Rastal Wards, Praerog. Regis c. 9. 10. 32. H. 8. c. 46. Br. Ideot. 2. 3. Cooke. 4. Rep. f. 126, 127. Wards, Ideots, Lunaticks, Bishops during the vacation, and the like) and if he alien these Lands in fee to their prejudice, theqq7 H. 4. 17. b. 21. E. 3. f. 47. 7. E. 4. 17. grant is voyd in Law, and shall be repealed, as hath beene frequently judged; because he possesseth these lands not in his owne, but others rights. So the King hath his Crowne Lands, revenues, Forts, Ships, Ammunition, Wards, Escheates, not in his owne but the Kingdomes right,rr14. E. 3. c. 1. Stat. 2. 5. R. 2. c. 3. 10. R. 2. c. 1. 1. H. 5. c. 9. 31. H. 6. c. 7. for its defence and benefit; and though he cannot stand seised to private mans use, yet he may and doth stand seised of the premises to his whole kingdomes use, to whom he is but a publike servant, not onelyonly in Law but Divinity too, 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72, 73, 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8.

Secondly, All the Ships, Ammunition, Armes the Parliament hath seised, were purchased not with the Kings, but Kingdomes monies, for the defence and service of the Kingdome, as the Subsidy Bils andss12. E. 4. c. 3. 6. H. 8. c. 14. 1 E. 6. c. 1. 3. Mariae c. 18. 1 E. 2. c. 20. 1 Iac. c. 23. and the Acts▪ this Parliament. Acts for Tunnage and Poundage, the Kings ownettAnno. 1629 p. 44. Declaration, anduuJudge Crookes Arg… ment, p. 1. to 6. Writs for Shipmony attest. If then the representative Body of the kingdome, to prevent the arrivall of forraine Forces, and that p. 16civill warre they then foresaw was like to ensue (and hath experimentally since fallen out even b…yond their feares, and overspread the whole kingdome, to which it threatens ruine;) hath seised, sequestred the kingdomes Ports, Forts, Navy, Ammunition into trusty hands for the Kings and Kingdomes use, to no other end, but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors, and outragious plundering Cavaliers, what indifferent sober man can justly tax them for it?xxSpeeds hist. p. 1213, 1219, 1220, Cambden Elizabeth, Anno 1601, p. 205, to 209. Queene Elizabeth (and the yy15 H. 6. c. 3 See Master Seldens Mare Clauswn:State of England heretofore) during the Warres with Spaine, inhibited the Haunse townes and other foraine Merchants (over whom she had no jurisdiction) to transport any materials for Warre through the narrow Seas to Spaine (though their usuall Merchandize to those parts, and the Sea, as they zzSee Master Seldens Mare Clauswn, & Pontanus answer thereto, & Grotius his Mare l… be…n.alleadged, was free, for feare they should be turned against our Kingdome, and after notice given, made them prise) for any of her Subjects to seise on. And it is the common policy this day, and anciently of all States whatsoever, to seise on all provisions of Warre, that are passing by way of Merchandize onelyonly towards their enemies, though they have no right or propertie in them (and to grant letters of Mart to seise them, as we have aa4 H. 6. c. 7, 8 2 R. 2. c. 4. 27 E. 3. c 17. 2 H. 5. c. 6. 4 H. 5. c▪ 7: 18 H. 6. c. 9. 20 H. 6. c. 1. 4 E. 4. c. 5 Speeds history p. 1195. Marti…us Laudensis de Repraesaliis, & de Bello, 18 E. 3. c. 8. 3 E. 4. c. 2.usually done) which they plead they may justly doe, by the Law of Nature, of Nations, to prevent their owne destruction. Much more then may the Houses of Parliament, after the sodaine eruption of that horrid Popish rebellion in Ireland, and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England, expecting Forces, supplies of mony and ammunition from foraine parts, seise upon Hull, other Ports, the Navy and Ammunition (the Kingdomes proper goods, provided onelyonly for its defence in such times as these) when his Majesty refused to put them into such hands as the kingdome and they might justly confide in, and the contrary Malignant faction plotted to get possession of them to ruine Lawes, Lib…rties, Religion, Parliament, Kingdome: And what mischiefe thinke you would these have long since done to Parliament and Subjects, had they first gotten them, who have already wrought so much mischiefe without them, by the Kings owne encouragement and command? Doubtlesse the Parliament being the supreame power, now specially met together and intrusted by the Subjects, to provide for the kingdomes safety, had forfeited not onelyonly their discretion, but trust, and betrayed both themselves, their priviledges, the Subjects Liberties, Religion, Countrey, Kingdome; and not onelyonly their friends, but enemies would have taxed them of infidelity, simplicity, (that I say not desperate folly) had they not seised what they did, in the season when they did it? which though some at first, imputed onelyonly to their over-much jealousie, yet time hath since sufficiently discovered, that it was onelyonly upon substantiall reasons of true Christian Policy. Had the Cavaliers and Papists (now in armes) gotten first possession of them, in all probability wee had lost our Liberties, Lawes, Religion, Parliament long ere this: and those very persons (as wise men conceive) were designed to take possession of them at first (had they not beene prevented) without resistance, whom his Majesty now imployes to regaine them by open warres and violence. It is knowne to all, that his Majesty had no actuall personall possession of Hull, nor any extraordinary officer for him there, before Sir Iohn Hoth…m seised it, but onelyonly the Maior of the Towne, elected by the Townesmen, not nominated by the King; neither did Sir Iohn enter it, by order from the Houses, till the King had first commanded the Major and Townesmen (whom he had constantly intrusted before) to deliver Hull up to the Earle of Newcastle, now Generall of the Popish Northerne Army; The first breach then of trust, and cause of jealousie proceeding p. 17from the King himselfe in a very unhappy season; where the quarrell first began, and who is most blame-worthy, let all men judge. If I commit my sword in trust to anothers custody for my owne defence, and then feare or …ee that hee or some others will murther me with my owne weapon, it is neither injury nor disloyaltie in me for my owne preservation, to seise my owne Sword till the danger be past; it is madnesse or folly not to doe it, there being many ancient and late examples for to warrant it; I shall instance in some few. By the bb20 E. 3. Fitz. Ayd. 2. & Ayde Le Roy. 43. 65 70. 57. 71. 76. 93. 98. Ass. 20. 11 H. 4. 26. 2. H 4. 10. 14 H 4. 10. 19. 36. 44. E. 3. 16. 44. 21 E 3. 24. 44 Quare Im p. Fitz. 62. 68. 152 195. Col. 5. 57, 58. l. 7. 19. 22 E. 4. 44. 21. H 1. 7. Ash. Alien. 7.Common Law of the Land, whiles Abbies and Priories remained, when we had any Warres with foraine Nations, it was lawfull and usuall to seise all the Lands, goods, possessions of Abbots, of Priors aliens of those Countries▪ during the warres (though they possessed them onelyonly in right of their Houses) lest they should contribute any ayd, intelligence, assistance to our enemies. Yea it anciently hath beene, and now is the common custome of our owne and other kingdomes, as soone as any breaches and warres begin, after Proclamation made, to seise and confiscate all the Ships, goods, and estates of those countries and kingdomes with whom they begin warre, as are found within their dominions for the present, or shall arrive there afterwards, left the enemies should be ayded by them in the Warres, (preventing Physicke being as lawfull, as usefull in politique as naturall bodies;) which act is warranted bycc19 E. 4. 6. Magna Cart c. 30, 14 E. 3. c. 2. 27. E. 3. c. 2. 17. 2 R. 2. c. 1. 2 H. 5 c. 6 4 H 5 c. 7 1 H. 6. 3. 18 H. 6 c. 9. See Speeds History p. 1213, 1219, 1220. Magna Charta, with sundry other Statutes quoted in the Margin. And though these seisures were made by the King, in his name onelyonly, yet it was by authority of Acts of Parliament, as the publike Minister of the Realme, for the kingdomes securitie, and benefit rather then his owne. But to come to more punctuall precedents warranted by the supreme Law of Salus Populi, the onelyonly reason of the former.

ddMathew Paris p. 251. 252. Daniel, Hist. p. 143, 144, 145.Anno Dom, 12…4. upon th… confirmation of the Great Charter and of the Forest by King Iohn, it was agreed, granted and enacted in that Parliamentary assembly▪ at Running-mead▪ that the 25. Barons then elected for the conservators of those Liberties and Charters, with the Commons of the Land, might distraine and enforce the King (if he violated these Charters, and made no redresse thereof within 40. days space after notice) by seising upon his CASTLES, lands, possessions, and other goods▪ till amends should be made according to their arbitration. And for more certainety, the fou…e Chatelaines (or chiefe Captaines) of the Castles of Northampton,**Cicero de Legibus. Kenelworth, Nottingham, and Scarborough, should be sworne to obey the commandment of the 25. Barons, or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES. Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFULL and OBSERVE THEIR OATH. And upon this accord, Rochester Castle and others, whose custody, of antient right belonged to the Archbishop of Canterbury, with other Castles appertaining to the Barons, were restored to them by the King; who breaking all his vowes & Charters immediatly after, (through the Barons and peoples supine negligence, overmuch confiding to the Kings Oath and confirmations, and fond conceite of holding that by peace which they had recovered by violence from a perfidious King,) in halfe a yeares space recovers all the Castles againe even to the Borders of Scotland by meanes of foraine Forces, and a malignant, despicable, domemesticke party, (hee having scarce seven Knights faithfull to him, being generally forsaken of all) and made him…elfe absolute Master of all England, except the Citie of London, the Suburbs whereof hee burned and sacked, and so tyrannised over his Subjects with fire, and Sword, pillaging them every where.**Matthew Paris, Hist. p, 264, 265. Vastand… omnes p. 18domos, & aedificia Baronum divisis agminibus succendebat, spolia cum animalibus rapiebat▪ & de rapina iniquitatis ministros quos habebat nequissimos saginabat, &c. suffici…bat ad ca… sam mortis simplicibus incolis, si aliquid habere credebantur, & qui nihil habebant, fateri habere cogebantur; & qui non habeb at, habere ut persolveret, paenis exquisitis distringebatur. Diseurrebant …icarii caede humana cruentati, noctivagi, incendiarii, filii Belial strictis ensibus, ut delerent a faci… terrae, ab homine usque ad pecus, omnia …umanis usibus necessaria, eductisque cultellis villas, domos, caemiteria, ecclesias perlustrabant, omnes spoliabant, ita quidem ut nec muliebri s…xui, nec parvulorum vel decrepitorum par…erent aetati. Et quod consumere non valebant, incendio tradebant, vel despergentes inutile humanis usibus reddebant. Et quos nulla nota premebant, INIMICOS REGIS VOCANTES (si inimici sui appellandi sunt, qui eum ad mansuetudinem & justitiam mansuetam introducere voluerunt) ubicunque reperiebantur, raptim trahebantur in …arcerem paenalem, vinculis mancipati, & tandem ad gravissimam coacti redemptionem, &c. (A ture Character of our times, and plundering barbarous Cavaliers:) which so farre exasperated the Barons and people, that they elected another King. But the end for which I cite this precedent is, to manifest, that the Lords and Commons in that age, did not thinke the Kings owne Charter, Promise, Protestations, Oathes, Proclamations, the Bishops and Popes solemne excommunications, and those 25. new Conservators, a sufficiant securitie to preserve their Lawes and Liberties against the invasions of an, unconstant, wilfull foedifragous King, unlesse they had the Power and Command of his chiefe Castles and the Militia added to them; which wee see through overmuch securitie, and want of vigilancy, were all too little to preserve their Liberties against an unconstant oppressing Prince, whose oaths and protestations were but like eeIudges 16. 8. 9 11. 12.Judg 16:8Judg 16:9Sampsons cords, broken all to peeces like a thread in a moment, by those who had Sampsons strength. King Henry the third was no whit inferior to his father Iohn, in unconstancy, and perfidiousnesse to his Subjects, with whom when he had oft broken his faith and solemne oathes, theffMath. Paris p. 940. to 965. Grafron, p. 138. 154. Speed, p. 634. to 642. Fabian Part. 7. f 70 to 99. Matthew Westminster, Holin. s…ead, and Daniel in his life. Lords and Barons (having no other meanes of securitie, left to preserve their Lawes, Liberties, kingdome from vassallage and destruction, or to enforce the King to keepe those ordinances which hee had made and sworne to observe in a Parliament at Oxford but few yeares before; all which he laboured to rescinde, having procured a dispensation of his Oath from the Pope to colour his perjury;) in the yeare 1260. appointed new Sheriffes and Gardians of Shires, discharging such as the King had before admitted, and raysing a strong power in the Marches of Wales, sent a Letter to the King under the Seale of Sir Roger Clifford, beseeching him to have in remembrance the Oath and promises hee had made, f…r the observing of the Statutes enacted at Oxford, with other Ordinances made to the honour of God, for faith and allegiance to his person, and for the weale and profit of his Realme; willing him further to withstand and defie all such persons, as will be against the said acts, saving the Queene and her children. After which letter sent, and no answer to it received; the Barons with banners displayed, went against such Malignants as they knew held against those Acts. And first at Hereford, they tooke the Bishop and all his Chanons who were aliens borne, taking away their money and cattle, and plundering their houses and manors. And marching towards London, much people fiocking to them, in their passage, ever as they found any that they knew to be against the maintenance of the said Acts, they imprisoned them and spoyled their houses, were they spirituall or temporall men: furnished the especiall Fortresses of the p. 19kingdome with Gardians of their owne, and in DIVERS OF THE KINGS CASTLES THEY SET IN SUCH MEN AS THEY LIKED, and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE; and gave them an Oath, that they would be true and faithfull to the King, and keepe those Castles TO HIS USE, and TO THE WEALE OF THE REALME. And when William de Valens denied with oathes to render up any Castle which was given him, by the King (his brother) to keepe; the Earle of Leycester and the rest of the Barons answered; they would either have his Castles or his head: which so terrified the Poictovines, that they left Oxford and their Castles to the Barons, and fled into France. WhichggMat. Paris, p 96…. Matth. Westm. An. 1161 p. 366. 307. Castles when the King and Lords were accorded, together with the Castles of Dover (Nec Regi ablatum nec vetitum, sed tanquam clavis totius Regni, custodiae esset diligentiori a Baronibus deputatum) and the Castle of Rochester and others were readily delivered up by the Barons to the King, qui ubique liberum invenit introitum, & exitum juxt… vota; & tun… primo Rex sensit se falsis deceptionibus circumventum, & Baronum suorum fidelitate, ubique lic…t ignoranter suffultum; and then the King first found he was circumvented with false reports of the Barons disloyalty, who so willingly restored his Castles to him, when those stormes were blowne over; though he made but ill use of it, & took occasion thence openly to recede from his Oath; whereupon they reseised these Castles for their safety. About Midsommer the Barons drawing neare to London, sent a Letter to the Mayor and Aldermen requiring to know of them, Whether they would observe and maintaine the Statutes made at Oxford; or not? or aide and assist su…h persons as intended the breach of the same? and sent unto them a Copy of the said Acts; with a proviso, that if there were any of them, that should seeme to be hurtfull to the Realme or Commonweale of the same, that they then by discreet persons of the land should be altered and amended: Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons. Then the King intending to know the minde of the City, asked the Mayor, What he thought of those Acts? who abashed with that question, besought the King, That he might commune with his Brethr…n the Aldermen, and then he w…uld declare unto him both his and their opinions. But the King said, He would heare his advice without more Counsell. Then the Mayor boldly said, That before times, he with his Brethren and commonalty of the City, by his commandement were sworne to maintaine all Acts made to the honour of God, to the faith of the King, and profit of the Realme; which Oath by his license and most gracious favour they intended to observe and keepe. And moreover, to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City, they would avoyd all aliens and strangers out of it. (as they soone after did) if his Grace were so contented. With▪ which Answer the King seemed to bee pleased, so that the Mayor with his favour departed, and he and the Citizens sent answer to the Barons, that they condescended to those acts, binding themselves thereunto under the publike Seale of London, their Liberties alwayes upholded and saved. Then the Barons entred the City, and shortly after the King with his Queene and other of his Counsaile, returned to Westminster.

**Mat. Paris, p. 961. Da… hist. p. 179. 180. Mat. Westm. An. 1263. p. 311. 316.Anno 1264. (the 48. of Henry the third) the King made his peace with the Barons then in Armes, upon these termes: That ALL THE CASTLES OF THE KING, throughout England, should be delivered TO THE p. 20KEEPING OF THE BARONS: the Provisions of Oxford be inviolably observed; and all Strangers by … certaine time avoyded the kingdome, except such as by a generall consent, should be held faithfull and profitable for the same: Whereupon the Barons tooke possession of most of the Castles by agreement, or violence where they found resistance, as they did in many places. And by the CONSENT of THE KING and BARONS, Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower. This done at London; the Barons departed to Windsor to see the guiding of that Castle, where they put out those aliens, whom Sir Edward the Kings Sonne had before put in, and put other Officers in their places; spoyling them of such goods as they had. Who complaining thereof to the King, he put them off for that season. After which they re-seised Dover Castle, and made Richard de Gray, a valiant and faithfull man, Constable of it; who searching all passengers that came thither, very strictly, found great store of Treasure, which was to be secretly conveyed to the Poictovines, which he seised, and it was imployed by the Barons appointment, upon the profitable uses of the Realme. The yeare following, the Commons of London chose Thomas Fitz-Thomas for their Mayor, and without consent of the Aldermen, sware him at the Guild-hall, without presenting him the next day to the King or Barons of the Exchequer. For which the King was grievously discontented; and being advertised that the Citizens tooke part with the Barons, caused his Sonne Edward to take the Castle of Winsor by a traine; to which the King and Lords of his party repaired. And the other Lords and Knights with great Forces drew towards London; but by mediation of friends, there was a peace concluded, and the differences were referred to the French King (and his PARLIAMENT as**Theatre of honour, l. 2. c. 12. p 185, 186. Andrew Favine records out of Rishanger) to end. Who giving expresse sentence that all the Acts of Oxenford, should from thenceforth be utterly forborne and annulled:

The Barons discontented with this partiall sentence, departed into the Marches of Wales; where raising Forces, they seised on many Townes and Castles of the Kings, and Prince Edward going against them, was sore distressed and almost taken. Hereupon to end these differences, a new Parliament was appointed at Oxford; which tooke no effect,Nota. Because when the King had yeelded the Statutes of Oxford should stand, the Queene was as utterly against it; whose opposition in this point being knowne to the Londoners, the baser sort of people were so enraged, that she being to shoot the Bridge from the Tower, towards Winsor, they with darts, stones, and villanous words, forced her to returne. After which, the Lords sending a Letter to the King, to beseech him not to beleeve the ill reports of some evill Counsellors about him, touching their loyalty and honest intentions; were answered with two Letters of defiance. Upon which ensued the bloody battle of Lewis in Sussex, in which the King and his Sonne, with 25. Barons and Baronets, were taken prisoners, & twenty thousand of the Commons slaine. Richard King of Romans, the Kings Brother was likewise taken prisoner in this Battle,hhM…t. Paris, p. 152, 153. Sp. p. 636. who a little before comming over into England with some Forces to ayde his Brother, the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea, and sent horse and foot to withstand him by Land if he arrived: Which Richard having intelligence of, disbanded his Forces; and sent word to the Barons, that he would take an Oath to observe the Articles and Statutes made at Oxenford: whereupon he was permitted to land at Dover with a small Traine, whither p. 21King Henry went to mee… him. But the Barons would not suffer this King, nor any of his Traine to enter into Dover Castle, because he had not taken his Oath to observe the foresaid Statutes; nor yet the King of England to goe into it (for feare of surprisall) because it was the principall Bulwarke of England; (the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger) Neither would they permit King Richard to goe on towards London, till he had taken the Oath **Part 1. p. 8.forementioned. After this battle all the prisoners were sent to severall prisons, except the two Kings and Prince Edward, whom the Barons brought with them to London; where a new Grant was made by the King, that the said Statutes sho…ld stand in strength: and if any were thought unreasonable, they to be amended by foure Noblemen of the Realme: and if they could not agree, then the Earle of Angiou, and Duke of Burgoin to be Iudges of the matter: And this to be firmely holden and obeyed by both the Kings; who granted that both their Sonnes and Heires should remaine as Prisoners, and Hostages with the Barons, till all things were finished according to this agreement. Upon which a Peace was proclaimed in London betweene the King and his Barons. Then it was agreed by the King, that for his more surety and the weale of the Land, the Earle of Leycester should be resient in his Court; Upon which agreement, many of the Prisoners were set at large. In the meane while, before the battaile of Lewis, the Queene and King of Romans, had sent over-sea for Souldiers, to ayde the King against the Barons, which now were come in great number unto Dover, and there hovered on the Sea to have landed. Whereof the Barons hearing, they sent the King of Romans as Prisoner to Ba…khamsted, untill the said Almaines were returned, and caused King Henry with a great power to ride to Dover, and force the said Host of strangers to returne unto their Countries. After which by the counsell of the Lords, a Parliament was agreed and held at Westminster, wherein a generall Pardon was granted to all Lords and their adherents, for any matter of displeasure done to the King or his Sonne Prince Edward before that day; which to uphold, the King and he tooke a solemne Oath before the Lords; and it was further agreed, That the Prince should reside in the Kings Court, and not depart thence without license of the King and of certaine Barons. Then were many instruments and bonds made by the King and Prince, for the performance of sundry Covenants betweene the King and Barons; which shortly after tooke small effect, and begat new warres; this Kings fresh breaches of Oathes, and promises, procuring him alwayes new insurrections and forced Parliaments, which the Barons constrained him to call and hold, against his will. How the Lords and Parliament oft seised upon the Castles, Forts, Ammunition in King Edward the second, and Richard the seconds Reignes, when differences grew betweene them, I have already in part remembred, and you may read the residue in the Histories of their lives. IniiHals Chron. An. 33. 39. H. 6. f. 168. to 176. Stow & H…wes Chron. Edit. ult. p. 400. 404. Grafton p. 627▪ 628, &c. Speed p. 855. 856, 857▪ Fa…ian part 7. p 458, to 468. the 33. yeare of King Henry the sixth his Reigne, the valiant Earle of Warwicke, was made Captaine of Calice by the Parliament; a place of great honour and trust in those dayes; by vertue whereof, all the warlike affaires and businesse, rested principally in the Earle of Warwicke: After which the Queene (an ambitious stirring woman) to breake the peace newly made and ratified by oath, betweene the King, Lords, and Duke of Yorke, (created Lord Protector by the Parliament) caused a fray to be made on the Earle men, which produced a warre and bloody battle, wherein the Earle gained the field.

Whereupon the King displeased with the Earle, by his Letters Patents, gra…ted p. 22the Captainship of Caleyes to Iohn Duke of Summerset; who going over to Caleyes, in the 38. yeare of King Henry, to take possession of his place; shewed his Patent to the Earle, who refused to resigne his place, answering, that he was put into it by the Parliament, and so could not be outed of it but by Parliament; and kept the Duke forth of the Towne; who being thus expelled from his office, after some skirmishes with the Earles Garrison, (wherein the Duke had the worst) hee sent over to the King and Queene for ayde, in defence of this quarrell; whereupon they provided 400. warlike persons to passe the Seas for his ayde, and ships to transport them: who lying at Sandwich for a winde; the Earle of Warwicke being therewith acquainted, sent Iohn Dingham a valiant Esquire, with a small number of men, but a multitude of couragious hearts to Sandwich; who suddainly entred the same, tooke the Lord Rivers and his Sonne (who commanded those Souldiers) in their beds, pillaged some houses and ships, and besides this, tooke the principall ships of the Kings Navy then lying at the Port well furnished with ordnance and artillery (through the favour of the Mariners, who favoured the Earle most) and brought the royall ships loaden with booty and prisoners to Caleyes; With these ships the Earle after passed to the Duke of Yorke into Ireland, and afterwards into England, where the Duke of Yorke in full Parliament laid claime to the Crowne, which his Sonne after obtained, deposing King Henry, as having no lawfull Title thereunto. I recite not this Story to justifie all particulars of it, but onelyonly to prove, That the Parliament in those times, had the conferring of Captaines places of greatest trust, who had the command of the Militia; and that, as this Earle in policy onelyonly, for his owne safety, seised on the Kings royall ships, and Ammunition, in which he had no right; so by the same reason, the Parliament may dispose of such places of Military trust in these times of danger, and of the Navy and Ammunition of the kingdome, in which they have a reall interest, for the kingdomes safety and their owne.kk5 H. 7. b. Bar. 141. 22. E. 4. 35. b. Bar. 202. Br. Fitz. Imprisonment, 6. 12. & Hist. 3. Compto de Pace, f 97. 98. 113, 114. 132. 1 c. 38. 7 R. 2. c 6. 13 H. 4. c. 72. H. 5. c. 6. 8. 5 R. 2 c 5. 17 R. 2. c. 8. 19 H. Act. 7. c. 13. 3 E. 6. c. 5. 1 Maria c. 12.Acts 7 A Sheriffe, Iustice, Constable, and other Officers, by the Common and Statute Law of the Land, may and ought to disarme and seise any mans weapons whatsoever, and imprison his person for a time, when by act, or apparent intention onelyonly, he shall but disturbe the peace, or make any Fray, Rout, or Riot, to the annoyance of the people, till the tumult and danger be past, and the peace secured. Much more then may the highest Soveraigne Court of Parliament, seise the Forts, Armes, Navy, Ammunition of the Realme, (in which they have reall interest) and secure them for a season, to preserve the whole kingdomes Peace, and prevent a civill Warre, without any injury to his Majesty, till all feares of warre and danger be removed Not to trouble you long with forraine histories of this Nature; in the Roman state the llLivi. Hist. l. 1. 2. 4. Polybius, Hist. l. 6. Dionys. Hal. l. 2. c. 2. Bodi…s Commonweale l. 1. c. 10. l. 5. See the Appendix.chiefe power of making warre or peace, of ordering of the Militia and disposing of the custody of Castles, Forts, Ammunition was in the Senate and people, not the King or Emperour; as it is in Germany, and most forraine States and kingdomes, at this day; without any diminution to those Kings and Princes just prerogatives. It is the determination of the prime PoliticianmmPoli…. l. 3. c. 11. Aristotle (seconded bynnDe Rege & Regis Instit. l. 1. c. 8, 9. Iohn Mariana and others) that in lawfull kingdoms the chiefe strength & power of the Militia ought to reside in the kingdomes hands; not Kings, who ought to have onelyonly such a moderate power and guard of men, as may suffice to suppresse riots, and maintaine the Authority of the Lawes; but not so great a force as may master all his kingdome, **Bodin. Commonweale, l. 5. c. 5.lest he become a tyrant, and his Subjects slaves. In the kingdome of Arragon in Spaine (as I read in**Arragonensium Rerum Commentar p. 588, 589. 723. Hieronymus Blanca) there is a notable fundamentall antient Law, (made about the yeare of Christ 842. by their Suprarbiense p. 23Forum, now commonly stiled, Iustitia Arrogoniae during the Interregnum, to preserve their Countries Liberties, to keepe their Kings power within due bounds of royalty, and prevent a tyranny, with divers other Lawes of this nature, which their Kings solemnly sweare to observe, before they are crowned) the words of which law are these, The King shall take heed that he neither undertake warre, nor conclude peace, nor make truce, nor handle any thing of great moment, but by the advise and consent of the Elders: to wit, the Iustitia Arragoniae, the standing Parliament of that kingdome, which hath power over and above the King. And of later dayes (as the same**Ibid. p. 724. Author writes) their Rici-homines, (or selected Peeres appointed by that kingdome, not the King) have all the charges and offices both of warre and peace lying on their neckes, and the command of the Militia of the kingdome; which they have power by their Lawes to raise, even against their King himselfe, in case he invade their Lawes or Liberties; as he there manifests at large. So in**Foris & in castris summum Imperium summam rerum bellicarum administ ratienem obtinet, &c. Hungary, the great Palatine of Hungary, the greatest officer of that kingdome, and the Kings Lieutenant Generall, who commands the Militia of that Realme, is chosen by the Parliament and Estates of that country, not the King. It was provided by the Lawes of the**Nicholaus Isthuanfus de Rebus Vngar. Hist. l. 6. f. 84, 85. Bodins Commonweale, l. 1. c. 10. p. 167. Livy, Rom. Hist. l. 31. 35. Bodin. Commonweale, l. 3. c. 1. Aetolians, that nothing should be entreated of CONCERNING PEACE OR WARRE, but in their Panaetolio, or great generall Councell of state: in which all Ambassadors were heard and answered; as they were likewise in the Roman Senate. And**Bodin Ibid. Charles the fifth of France, having a purpose to drive all the Englishmen out of France and Aquitain, assembled a generall assembly of the estates in a Parliament at Paris, by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of, and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein: which warre being in and by that Councell decreed, prospered in his hand; and tooke good successe as Bodin notes; because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale, then to have them passe and ratified by publike advise and consent.

Yea the great **Bodins l. 1. c. 10.Constable of France, who hath the government of the Kings Sword, the Army, and Militia of France, was anciently **Matthew Paris Hist. Angliae p. 835.chosen by the great Councell of the three Estates & Parliament of that kingdome; as is manifest by their election of Arthur Duke of Britaine to that office, Anno 1324. before which, Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man, to be the grand Seneschall of France, ad consulendum regno desolato, & multum desperato, quia strenuus fuit & fidelis; which office he refused, lest he should seeme a Traytour to Henry the third of England, under whom he had beene governour of Gascoigne, which place he gave over for want of pay. In briefe, the late examples of theooDinothi Historia, Sleidan l. 8. 18. 22: Grimston Imperiall History, in Rodulph 2. and Ferdinand▪ the second. Protestant Princes in Germany, France, Bohemia, the Low countries, and of our brethren in Scotland within foure yeares last, who seised all the Kings Forts, Ports, Armes, Ammunition, Revenues in Scotland, and some Townes in England to preserve their Lawes, Liberties, Religion, Estates, and Country from destruction, by common consent, (without any Ordinance of both Houses in their Parliament) will both excuse, and justifie all the Acts of this nature, done by expresse Ordinances of this Parliament; which being the Soveraigne highest power in the Realme, intrusted with the kingdomes safety; may put the Ports, Forts, Navy, Ammunition (which the King himselfe cannot manage in person, but by substitutes) into such under Officers hands, as shall both preserve and rightly imploy them for the King and kingdomes safety, and elect the Commanders of the Militia p. 24according to the expresse letter of King Edward the Confessors Laws (which our Kings at their Coronations were still sworne to maintaine) wherewith I shall in a manner conclude, the Legall part of the Subjects right to elect the Commanders of the Militia, both by Sea and Land.**Lambard, Archaion, f. 135 De Heretochiis. Erant & aliae potestates & dignitates per provincias & patrias universas & per singulos Comitatus totius regni constitutea, qui Heretochii apud Anglos vocabantur; Scilicet, Barones, Nobiles, & insignes, sapientes & fideles, & animosi; Latine vero dicebantur Ductores exercitus; apud Gallos, Capitales Constabularii, vel Mar…scha…li Exercitus. Illi vero ordinabant acies densissimas in praeliis, & a…as constituebant, prout decuit, & prout iis melius visum fuit, ad Honorem Coronae, ET AD UTILITATEM REGNI. Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI, PER PROVINCIAS ET PATRIAS UNIVERSAS, ET PER SINGULOS COMITATUS (so as the King had the choyce of them in no Province or Countrey, but the Parliament and people onelyonly) in pleno Folcmote. SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT. Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui, juxta praeceptum Domini Regis, ad honorem Coronae, & UTILITATEM REGNI praedicti, semper cum opus adfuerit in Regno. Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI, VEL TERRESTRI (by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land, and might execute Martiall Law in times of war) perdat omne quod suum est, & suam ipsius vitam, & manus mittat Dominus ad terram quam ei antea dederat. Et qui in bello ante Dominum suum ceciderit, sit hoc in terra, sit alibi, sint ei relevationes condonatae; & habeant Haeredes ejus pecuniam & terramejus sine aliqua diminutione, & recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia, enough to satisfie all men. To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his**P. 232 348, 349. Glossarium; Title Dux, and Heretochius; (where he cites this Law of King Edward) That the Heretoch was Magister Militiae, Constabularius, Mariscallus, DVCTOR EXERCITVS, SIVE NAVALIS, SIVE TERRESTRIS; called in Saxon**See Master Seldens Titles of Honour, p. 605. Heretoga: ab Here, Exercitus, & Togen, Ducere. Eligebantur in pleno Folcmote, hoc est, non in illo sub initio ea…endarum Maii, at in alio sub capite Calendarum Octobris. Aderant tune ipsi Heretochii, & QUAE VOLUERE, IMPERABANT EXEQUENDA; consvlto tamen PROCERUM COETU, ET JUDICIO TOTIUS FOLCMOTI APPROBANTE. Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO, nostris Saxonibus cum Germanis aliis COMMUNIS FUIT: Vt in Boiorum ll. videas, Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum, quent Rex ordinavit, in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM, de morte Ducis consiliatus fuerit, in Ducis sit potestate, &c. Hue videtur pertinere quod apud Greg. Turon. legas l. 8. Sect. 18. Wintro Dux à Pagensibus suis depulsus Ducatu caruit, &c. sed posteà pacato populo Ducatum recepit: Eigebantur enim interdum Provinciarum Duces AB IPSO POPULO. In the**Bodins Commonweale, l. 3. c. 1. p. 273. Roman State, the Senate, and some times the people alone, without their advise, had power to appoint Lieutenants and Governours of Provinces; whence the **Grimstones Imperiall Hist. p. 171.Senate commanded those Governours of Provinces whom the Emperour Maximinus p. 25had made to be displaced, and others to be substituted in their roomes, which was accordingly executed: yea**Bodin Com. l. 3. c. 1. p. 273. the Senate had power to dispose of the common Treasure, and publike reventue, one of the greatest points of Soveraingty. And so we read in Scripture, Iudges 11. 5. to 12. That when the children of Ammon made warre against Israel, the Elders of Gilead went to fetch Iephthah out of the land of Tob. And they said unto Iephthah, Come and be our Captaine, that we may fight with the Children of Ammon, &c. Then Iephthah went with the Elders of Gilead, and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM: the Princes and people, even under Kings themselves. having the chiefe disposing power of the Militia and denouncing war, as is evident by Iosh. 22. 11. to 32. Iudges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2, 3, 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together.

And for a close of all, lest any should object, that no late direct precedent can bee produced to prove the office of the Lord Admirall, and custody of the Seas disposed by Parliament, I shall conclude with one punctuall precedent of many. In 24. H. 6. prima Pars Pat. ma. 16. The King grants to Iohn Duke of Exeter, the OFFICE OF ADMIRALL OF ENGLAND, IRELAND and AQUITAIN, with this subscription, Per breve de privato sigillo, AVCTORITATE PARLIAMENTI, the former Patent of this office made joyntly to him and his sonne by the King alone, in the 14. yeare of his reigne, being surrendred in the Parliament of 24. and a new one granted them by its direction and authority. Yea most of the Admiralls Patents (which anciently were not universall for all England, but severall for such and such parts onelyonly, and commonly but annuall or triennuall at most) as Sir Henry Spelman observes in his Glossary, in the word Admirallus, where you have an exact Kalender of all the Admiralls names, with the dates of their severall Patents and Commissions, are DE AVISAMENTO ET ASSENSU CONSILII; which is almost as usually taken for the Kings**Cookes instit. on Lit. f. 110. Cambdens Brit. p. 177 Holinsheds Description of England c. 8. p. 113. and Annals of Ireland, p. 120. to 130. Brooke, Crompton, Cowel, Minshew Tit. Parlem. Sir Thomas Smiths Commonwealth. l. 2. c. 1. 2. great Counsell, the Parliament, as for his privy Counsell. And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell, there is more reason and equitie they should doe it by the advise of their great Counsell, of which his privy Counsell are but a part, and by whom they have frequently beene elected, as I shall plentifully manifest in the next objection.

Now, whereas some pretend, that the Parliaments seising and detaining of the Kings Castles, Ports, Ships, Armes and Ammunition is High Treason, within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King.Object.

I answer,Answ. first; that the Parliament was never within the meaning, nor letter of that, or any other Act concerning Treasons, as I have formerly proved; the rather because the King is a member of it, and so should commit Treason against himselfe, which were absurd.

Secondly, because both Houses are of greater authority then the King, (a member of them as they make one Court) & so cannot commit Treason against the lesse.

Thirdly, the Parliament is a meere pp14 H. 8. f. 3. b.Corporation and Court of justice, and so not capable of the guilt of Treason: A Judge, Maior, or particular persons of a Corporation may be culpable of high Treason, as private men, but not a Court of justice, or Corporation.**See Littleton, Sect. 297. 314. 323. & Cookes Instit. Ibidem.

Fourthly, by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons, not within the p. 26very letter of that act; and if any other case supposed Treason, not there specified, happens before any Iustices, the Iustice shall tarry without any going to judgement of the Treason, till the cause bee shewen and declared before the King and his Parliament, whether it ought to be judged Treason. And if the Parliament be the sole Judge of all Treasons, it cannot be guilty of Treason, for then it should be both Judge and Delinquent; and if so, no doubt it would ever acquit it selfe of such a crime as High Treason, and never give judgement against it selfe. And no Judge or person else can arraigne or judge it, or the members of it, because it is the highest soveraigne Court, over which no other person or Court whatsoever hath any the least jurisdiction: So that if it were capable of the guilt of Treason, yet it could not be arraigned or judged for it, having no superiour or adequate Tribunall to arraigne it.

Fiftly, admit it might be guilty of High Treason in other cases, yet it cannot be so in this. For having a joynt interest with the King in the premises in the Kingdomes right, (the sole propriator of them) it cannot doubtles be guilty of treachery, much lesse of High Treason for taking the custody and possession onelyonly of that which is their owne; especially when they both seise and detaine it for its owne proper use, the Kingdomes security and defence; without any malicious or traytorous intention against King or kingdome.

Secondly, I answer, that the seising or detaining of these from the King are no Treason, or levying of Warre within this Law, as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth, the seising and detaining of the Kings Forts, Ammunition, Ships, from the levying warre against the King in his Realme, and by an expresse new clause, enacts this seising and detayning to be High Treason from that time, because it was no Treason within 25. Ed. 3. before, which if it had beene in truth, this new clause had beene superfluous; which law of King Edward being repealed by primo Mariae, Rastal Treason, 20. this offence then ceased to be Treason: whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe, (which had beene needlesse, if it had beene a levying of warre, or Treason within 25. Ed. 3. before.) And that with this proviso, this Act to endure during the Queenes Majesties life that now is, ONLY; and so by this Parliaments resolution, it is no Treason since her death, within 25 Ed. 3 for then this proviso had beene idle and repugnant too. And therefore being now no High Treason in any person, cannot without much calumny and injury be reputed Treason in both the Houses of Parliament, uncapable of High Treason, as the premises demonstrate.

In briefe, he that seised and detained the Forts and Ships of the kingdome, when it was Treason, was not a bare Traytor against the Kings person or Crowne onelyonly, but against the King and his Realme too, like those Traytors, mentioned in the severall statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALME: and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALME, As the Gunpouder Traytors were to the Parliament and Realme in them, being the representative Body of the Realme: the Parliament then being the Realme representatively and authoritatively too, and so the party against whom this Treason is principally to bee committed, cannot bee a Traytor to it selfe, by the words or intendment of any expired Act which made such a seisure or detainer Treason. And therefore those Lawyers, who pronounce this Parliaments seising and detaining of the Ports, Forts, Navy, Armes, or Ammunition of the Realme to keepe them out of p. 27worser hands, for the Kings and kingdomes right use and safetie, to be High Treason declare themselves Greater Malignants then Artists in their owne profession.

But some body (say Malignants and Royalists) must be trusted with the Militia, Object.Ports, Navy, Armes, Ammunition; and who so fit to be confided in as the King himself, and those whom he shall appoint? Especially since hee and his owne substitutes, have formerly beene intrusted with them by the kingdome; and wee have now so many deepe**See all his Majesties late Proclamations, Protestations, and printed Declarations of this nature. Protestations, yea publike printed Asseverations and Promises from his Majestie, to maintaine the Protestant Religion, our Lawes, Liberties, Properties, Parliaments, with their just Priviledges; and shall we not beleeve and trust his Majesty after so many royall assurances, seconded with many Acts of grace for the publike safetie already passed by him in this Parliament? especially the Acts against Shipmoney, and all other unlawfull Taxes; with the Bils for the continuance of this, and calling of a Trienniall Parliament, when this shall be determined? Shall we yet be diffident of his Majesties sinceritie after so many Protestations, Promises, Imprecations; so many Pledges of his gracious affection to his people, and some publike acknowledgements of his former misgovernment and invasions on his Subjects Liberties? If all these Warrants will not content the Parliament, and perswade them to resigne up all the premises they have seised into his Majesties hand, to purchase the kingdomes much desired necessary Peace, and put a period to our destructive warre (in which there is nought but certaine ruine) what other security can his Majesty give or they expect?

To answerAnsw. this plausible allegation, I shall without prejudice to other mens judgements, crave liberty to discharge my owne and others thoughts in this particular, in which if I chance to erre (out of overmuch zeale to my countries safety) I shall upon the first discovery professe a recantation; though for the present, **Seneca de Clementia, l. …. c. 2.Maluerim veris offendere, quam placere adulando. I shall reduce the summe of the answer to these two heads;

First, that as the state of things now stands, it will be (as many wise men conceive) not onelyonly inconvenient, but dangerous, to resigne up the Militia, Forts, Ports, Navy, Ammunition of the kingdome into his Majesties sole disposing power, and those hands which himselfe alone shall appoint and confide in, till things bee throughly reformed and setled both here and in Ireland, and the Popish prevailing party in both kingdomes (now strongly up in armes) totally suppressed and secured.

Secondly, That till this be effected, it is more reasonable and safe, both for King and kingdome, that these should remaine in the Parliaments hands, then in the Kings alone.

For the first, there are these three general reasons, commonly alledged by many understanding men, equally affected to either party, and by most who are cordially inclined to the Parliament, why they deeme it not onelyonly inconvenient, but perillous, to intrust the premises wholly with the King, and those of his appointment, as our condition now stands.

First,See the Remonstrance of the Lords and Commons Novem. 2. 1642. a more then probable long-since resolved designe in his Majesties evill Counsellors, to make him an absolute Soveraigne Monarch, and his Subjects as meere vassals, as those of France; which designe hath beene carryed on with an high hand from the beginning of his Reigne till this present, as the Parliament in**Anno 1641, & 1642. sundry p. 28Declarations prove, yea divers**Lord Faulkland, L. Seymor, L. Digbey, L. Savil, Sir Io. Culpepper, Sir Edward Deering, Mr. Holborne, Mr. Hide, &c. Lords and Members of both Houses, though now with his Majesty, in their Parliamentary Speeches, have openly professed; which they thus demonstrate.

First, by his Majesties severall attempts against the Priviledges, Power, and very being of Parliaments; manifested by the proceedings against Sir Iohn Eliot, Mr. Hollice, Mr. Strode, Mr. Long, and others, after the Parliament in 3. Caroli; and the Lord Say, Mr. Crew, with others after the last Parliament before this: By his Majesties sad ominous breaking off in discontent, all Parliaments in his Reigne (unparalleld in any age or kingdome) till this present; which though perpetuated by a speciall Act, as long as Both Houses please, hath yet long since been attempted to be dissolved like the former, by his Majesties accusation, and personall comming into the Commons House with an extraordinary Guard of armed men attending him, to demand five principall members of it, to be delivered up to his hands as Traytors, in an unpatterned manner. By his wilfull departure from, and refusall to returne unto the Parliament, though oft petitioned and sollicited to returne; which is so much the more observed and complained of, because his Majesty (if not his Royall Consort and the Prince too) was constantly present in person every day this Parliament (for sundry weekes together) at the arraignment of the Earle of Strafford for high Treason, in a private manner, when by Law he ought not to be personally present in a publicke; to countenance and encourage a capitall Oppressor, and Trayterous Delinquent against all his three kingdomes, contrary to both Houses approbation; And yet now peremptorily denyeth to be present with or neare his Parliament, to countenance and assist it for the preservation of his kingdomes against such Traytors, Rebels, conspirators, who have contrived and attempted their utter desolation, in pursuance of his foreplotted designes; By his commanding divers Lords and Commons to desert the Houses, and attend his Person without the Houses consent, detaining them still**See the Parliaments Remonstrance, Nov. 2. 1642. when the Houses have sent for them: and protecting those who refused to returne, against the common justice of the Parliament: by casting divers grosse aspersions on it, and naming it, A faction of Malignant, ambitious spirits, no Parliament at all, &c. By raising an Army of Delinquents, Malignants, Papists, Forainers, to conquer and suppresse the Parliament, and deprive it of its Liberties; By proclaiming divers active Members of it, (specially imployed by Both Houses, for the defence of their severall Counties) Traytors, onelyonly for executing the Houses commands, without any Indictment, Evidence, Conviction, against all Law, Justice, and the Priviledges of Parliament: By commanding, detaining the Lord Keeper of the Great Seale, (the Speaker of the Lords House) and some Judges from the House and City: By plundering divers Parliament mens houses, imprisoning their persons without Bayle, Maineprise, or Redemption, and laying intolerable taxations on their estates: By Declaring both Houses Traytors, if not in positive, yet at least in equivalent words, and by necessary consequence: By divers unparalleld violations of the Parliaments Priviledges by extrajudiciall Declarations out of Parliament, penned by Malignants in his Majesties name, and avowed by him, published of purpose to oppose, annull, reverse the solemne legall Resolutions, Declarations, and Votes of both Houses in sundry cases, and by name that against the Commission of Array: And finally by the manifold invectives in severall his Majesties Declarations, and Proclamations against the Parliaments Votes, Proceedings, Members; seconded p. 29with expresse commands, and invitations to the People, to**Quid potest ab co quisquam sperare, quem malum esse docuit: Non diu paret nequitia, nec quantum jubetur, peccat. Sen. de Clem. l. 2. c. 26. Contemne its authority, and disobey all its Orders made without his personall consent; which is indeed nought else, but to nullifie Parliaments, to make them altogether contemptible, ridiculous, and trample them under feete; and hath wrought a strong malignity, disobedience, if not disaffection, in many people to Parliaments, to the end they may never desire or enjoy them hereafter, notwithstanding the Act for trienniall Parliaments, when this is once dissolved. All these unparalleld, apparent high attempts against the very honour, essence, of this, and all other future Parliaments, (transcending both for quantity and quality all the violations of Parliaments Priviledges, in all his Majesties Predecessors Reignes, since England was a kingdome, summed up in one;) together with the late Oxford Propositions for an Accommodation; wherein the Houses finall Resolutions, Declaring what is Law, are called illegall, and required to be reversed; the power of imprisoning and fining men denyed, and prostituted to the censures, Writs, and Examinations of inferiour Courts, by way of Habeas Corpus; the**See. Br. Parl. 7. Dyer 60. a. Cromptons Iurisdict…f. 16. a. just expulsions of their owne Members denyed them; all high Violations and denials of the knowne priviledges of Parliament, contrary to his Majesties many former, and late Printed Protestations, and those Acts newly passed concerning Parliaments, (which will never recover their pristine dignity, honour, power, priviledges, if this should miscarry;) induce the most intelligent to opine, that his Majesty, long since weary of the yoke of all Parliaments, (the only Remora to his absolute intended Monarchy) and repenting of the Act for continuing this, since he hath gained his ends for which it was summoned, (more out of absolute necessity then love to Parliaments) to wit, peace with the Scots, for the present, by an Accommodation, wrought by this Parliament, & purchased with his Subjects mony, when as he saw no hopes of repelling them hence by force; & the paying of his then raised Army against them by the Parliaments free supply: is now resolved (in prosecution of his pristine Counsels) by force or policy to dissolve this Parliament in discontent, as he hath done all former, and that with such advantages of a generall ill opinion of Parliaments in the ignorant mis-informed vulgar on the one hand, and of a prevailing conquering power on his part on the other hand, as shall either utterly extinguish the hopes and Bill of summoning any future trienniall Parliamentary Assemblies, or at least so emasculate the vigour, and eclipse the power of them, if called; that they shall neither have courage, nor might, nor meanes to resist his foresaid grand designe, if he can now either by force or policy resume the Militia, Forts, Navy, Ammunition into his absolute dispose; the onelyonly present obstacle (now his forces are so great) to gaine a compleate long-expected conquest over his peoples Liberties, Lawes, Estates, and all Parliaments Priviledges, if not beings too. And if our Parliaments (the onelyonly Bulwarkes to protect our Lawes, Liberties, Estates, Lives, Religion, Peace, Kingdome, against the devastations of oppressing, lawlesse Princes, and Officers) be once conquered, or weakned in the least degree, we can expect no other issue, but that Tyranny, slavery, popery, shall be ere long entailed upon us and our Heires Soules and bodies forever.

Secondly, By his Majesties frequent imposing of many unlawfull Taxes and Impositions on his Subjects, contrary to his Coronation Oath, the ancient Lawes of the Realme, yea his owne late Statutes, Declarations, Vowes, Promises; which designe hath beene carryed on with a strong hand all his Reigne till now; and at this present, with a farre higher hand then ever: which they exemplifie by the Loanes p. 30with other Taxes, Impositions, Grievances, complained of in the Petition of Right, in the third yeare of his Reigne; which Act when first passed, with this his Majesties solemne Oration and Protestation Printed with it; I doe here declare, That these things which have beene done, whereby men had some cause to suspect the Liberty of the Subject to be trenched upon, shall not hereafter be drawne into example for your prejudice: And in time to come (IN THE WORD OF A KING) you shall not have the like cause to complaine: (backed with his Royall Declaration to all his Subjects at the breach of that Parliament to like purpose) made most men thinke, they should never be grieved with illegall Taxes more; though the very annexing and Printing of his Majesties two Answers, & this Speech when he passed the Petition, at the end thereof (with the Scope and matter of this Speech and other then concurring circumstances) made the wisest men suspect, it was onelyonly a baite to catch the**See 3 Car. c. 6, 7. Temporalties and Clergies (five a peece) extraordinary great Subsidies, then aymed at, (a greater ayd then was ever before granted at once to any of his Majesties Predecessors) and a policy then seemingly to content, but subsequently to delude the over-credulous impoliticke Vulgar; the verity whereof was at that instant much confirmed, by his Majesties clayming (even in his very speech when he passed the Petition of Right) Tunnage and Poundage as a meere right, and his taking it as a just duty without grant by Parliament, from his comming to the Crowne till then and since; by his extraordinary strange commission granted under the great Seale to divers Lords and others for the laying of an intolerable illegall excise, on all the Subjects throughout England and Ireland, seconded with the Commission to Dalbere and others, for the raysing and importing of German Horse, and the billeting of Irish foot in sundry places of England to joyne with those horse, to set on this excise, even at that very instant, when this Petition of Right was debated and passed; the breaking up of that Parliament as soone as these Subsidies were granted, and the unpatterned inundation of all kinde of unjust Taxes as soone as ever that Parliament was dissolved; as fines for Knighthood, New-buildings, Inclosures, exacted Fees, (not to redresse, but authorize them by compositions to get money) Shipmony, Monopolies of Tobacco, Sope, Brickes, Pins, and a world of other particulars upon which annuall rents were reserved: Forrest-bounds, and offences prosecuted with all Rigour; Impositions upon Coale, Beare, Salt, Wines, Tobacco, and all kinde of Merchandise; Lieutenants rates, and wages, Coat and Conduct money, excessive high Fines in Starchamber, High Commission and other Courts, with sundry other Particulars complained off with open mouth in this and the preceding Parliament by most of the members of both Houses, and divers now present with his Majesty; who notwithstanding the many publike complaints against these oppressions, the Acts this very Session passed against them, and sundry duplicated deepe Asseverations to maintaine the Subjects Property, Liberty, and governe onelyonly according to Law; hath, and still daily doth in a farre higher degree then ever (through the ill advise of Malignant Counsellors) proceed to afflict and ruine his people in this very particular of Property and Taxes, by weekely or monethly assessements and contributions imposed on sundry Townes and Counties where his Forces now lie, exceeding many mens racked incomes; his seising of their Ammunition, Armes, Horses, Carts, Goods, Provisions, Houses, Lands, (yea husbandmens Teemes and Horses of their Ploughes,**Artic. super Chartas, c. 12, See Cookes Institutes on it. Agricolae apud Indos sacri & afurto & praeda alieni Di…dorus sic. Bib. Hist. l. 2. n. 40. priviledged from distresses by Law, & by most Nations though enemies, in times of warre from spoyle or plunder,) so as p. 31they cannot till their ground, which must needs breed a famine: and stripping many thousands of his people in Brainford, Marleborough, Cicester, Bromingham, & other places (utterly sacked and ruined by his Cavaliers) of all their lively hoods, and estates, to their very naked skins; and carrying away those poore Subjects in triumph like Enemies and Traytors, who dare offer to defend their goods, houses, estates, or make any the least resistance, (though the Lawes, **Fitz. Corone. 192. 194. 58. 276. 261. 21 H. 7. 39. 24. H 8. c. 5. Stamford, f. 13, 14. Cooke l 4. 91, 92. See Matth. Paris Hist. p. 264, 265, 266.Common and Statute, allow them in such cases, not onelyonly to resist, but kill all those who shall assault their houses, or persons to spoyle them of their goods) or protect them or their Liberties, Lives, Properties, against his Army of theevish murthering Cavaliers. And which aggravates all the rest, his Majesty hath sent out such a Commission of Array to bee executed in every County, as pulls up libertie and propertie by the rootes; which, though both Houses by a speciall printed Declaration, have**See the Parliaments second Remonstrance concerning the Commission of Array. proved to bee illegall, contrary to the fundamentall Lawes of the Realme, the Petition of Right, and some expresse Acts passed this present Session; yet his Majestie hath caused such an Answer to be published in his name to the first Declaration, as good Law, which**See this fully proved in the Parliaments second Declaration. frustrates all Acts whatsoever made in this or former Parliaments for the Subjects Libertie, Propertie; and layes downe such grounds, which will not onelyonly justifie, but revive all former pressures and grievances whatsoever, as warranted by Law. All which considered, together with the frequent endeavours formerly and of late to raise and keepe an Army on foote among us to enslave us, and raise what taxes shall bee arbitrarily imposed without a Parliament on the Realme by force of Armes, according to the late use of France, begun by Strafford in Ireland, and now set on foote in divers countries of England, makes wise moderate men feare, that if the Militia, Forts and Navy be yeelded up unto the King before the Subjects Propertie, and these violations of it in the highest degree (so that none at this day can truely say that any thing hee enjoyes, no not his Lands or Life are his owne) bee better setled, all propertie will bee for ever lost, and Turkish Subjects as free as English, in common probabilitie.

Thirdly, the constant designe against the Libertie of the Subjects person (the better to invade the property of his goods) prosecuted all his Majesties time, and more then ever since the Petition of Right and this Parliament. The which is evidenced, by infinite illegall commitments of men for not paying the Lone, Knight-mony, Ship-mony, with sundry other unlawfull Taxes, without baile or mainprise; of sundry members of both Houses during this, and after former Parliaments ended, for things done in and triable onelyonly by Parliament; by the exorbitant censures in the Star-Chamber and High Commission, and judging free men against Law, to close imprisonments; And that (which now grieves the very Soules of all English Spirits, who have any remainders of common humanity, in them, and would rend an heart of adamant) not onelyonly by the strict close hard imprisonments of divers persons at Yorke and elsewhere, for executing the Militia, refusing the Array, or contribution Taxes, but by the more then barbarous, **Quae alia vita esset, si L…ones ursique regnarent? Si serpentibus in nos, ac noxissimo cuique animali daretur potestas? Illa ra…ionis experria, & a nobis immanita is c…imine damna ta abstinent suis, & … est etiam inter feras similitudo: Apud R…man…s tantum, ne… a necessariis quidem▪ abies temperat sibi. Seneca de Clem. l. 2. c. 26.yea beastly crueltie of his Majesties Cavaliers in chayning together in p. 32Ropes sundry Prisoners taken at Brainford, Marleborough and Cicester, (as the true printed Relations of these places sacking testifie) like a company of Turkish Gally-slaves, (though some of them were Gentlem…n of worth and quality, others Ministers, others aged, sickly, and many who never bore armes in these present warres) and leading them chained (almost naked, and barefoot) through deepe filthy wayes in the cold winter season to Oxford in triumph (to his**Nulli Regi gloria est ex saeva animadversione. At contra maxima, si vim suam continet, si multos irae alienae eripuit, neminemsuae impendit; Senecade Clementia. l. 1. c. 17. Majesties great dishonour, and his Subjects griefe,) denying them, not onelyonly meat and drinke, but even water it selfe (the commonest Element) to quench their thirst, and keeping off, yea beating any such at Cicester, and Oxford, who offered to bring them any sustenance, though but a drop of water to coole their tongues: (O more then Turkish Barbarousnesse, that one man, one Christian, one English Subject even in, or neare the presence of his Soveraigne, should thus ill intreate another, without any punishment or checke, much more with approbation!) After which they have beene**Ista frequens vindicta paucorum odium reprimit, omnium irritat. Regia crudelitas auget inimicorum numerum …ollendo. Seneca de Clementia, l. 1. c. 8. shut up in prisons and dungeons lying on the cold ground, stones or boards without beds, straw, fire or any the least refreshment; allowed onelyonly a poore pittance of Adams Ale, and scarce a penny bread a day to support their lives, though their friends would provide it for them; in which sad condition many of them are still detained close prisoners without bayle, mainprise, exchange, redemption, divers of them being dead of Famine and ill unaccustomed usage: Others have beene murthered without mercy, and their**The Relation of the taking of Cicester, and the Prisoners Relation. Carcasses left unburied for the fowles to prey on; others maimed and left weltring in their blood without any reliefe; others forced to live exiles from their habitations; and all for this new point of High Treason; that they stood upon their guard, to defend the propertie of their persons, goods, houses, possessions, from the robbery and plunder of theeving Cavaliers (**Quanto autem non nasci melius fuit, quam numerari inter publico malo natos? Seneca de Clementia l. 1. c. 18. borne onelyonly for the publike mischiefe of the Reame) who now live by the Countries spoyle and robbery, and must not be resisted. If this proceeding be the so oft protested preservation, the vowed defence of the Subjects Liberties, Properties, Lives, the preserving of them in perfect and intire peace and safetie according to his Majesties Coronation oath, the governing of them according to the Law, even whiles the Parliament sits, and hath such Forces in the field, the possession of the Ports, Navy, and other premises in their hands (which if the King should die without heire devolve wholly into the kingdomes hands and possession, not to his Executors, as to the true proprietors of them, a strong unanswerable argument, they are not now the Kings but kingdomes in point of right and interest;) wee cannot (say many men) but suspect the like and worse usages when these are all surrendred into his Majesties power, and that he with his ill Counsellors (who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace, and now plainly professe,**The Kings Letter on Saturday, Apil. 8. 1643 to the houses. that they never intended the Premises should be put into such persons hands as the Parliament and kingdome might confide in, but themselves alone;) will then as much over-awe the present and all future Parliaments, as they doe now the country people where they quarter; and handle many active worthy members of both Houses (particularly proclaimed rebels by the King without conviction, who hath not so violently proceeded against any of the Irish Rebels in this kinde, as he hath done against the houses of Parliament, and the chiefe well deserving members of it) as rigorously, if not far worse, as any now imprisoned by them; notwithstanding that true rule of**De Clementia l. 1. c. 24. Seneca: Remissius imperanti melius paretur. Et non minus Principi turpia sunt multa supplicia, quam Medico multa funera.

p. 33Their second generall reason is, an**See the Parliaments Declarations and Parliament-mens Speeches to this effect▪ ancient …ore plo…te… con…ederacie between the Popish and Prelaticall Party in the Kingdome to change Religion, and re-establish Pop…ry. Which designe hath been vigorously prosecuted long before his Majesties …aigne, but more effectually since his marriage with one of that Religion; who in regard of her neerenesse to, and continuall presence with him heretofore, and activitie to assist him now against his Parliament, hath such a merit…rious interest in his affections, if not powerfull influence upon his will and Councells, as may induce his Majestie (as well as**1 Kings 11. 1 to 12.1 Kgs 11:1–12 King Salomon) to grant, at least a speedy publike long-expected tolleration and free use of the Romish Religion (if not a suppression of the Protestant faith) throughout the Realme, if all the premises be put into his Majesties unlimited power. And that which backes this more then conjecturall feare, is: First, the large visible progresse made in this designe before this Parliament, as not onelyonly the Houses joynt Declarations, but divers Malignant Members declanatory Orations, (now with the King) testifie, together with our Prelates manifold Popish Innovations in Doctrines, Ceremonies, Ecclesiasticall proceedings; the Popes Nuncioes Residence neere, and free accesse to Court; our Agents residence at Rome; the Cell of Capuchins, Chapples erected for Masse, the infinite swarmes of Seminary Priests and Jusuites every where, with freedome and impunity, the suspention of the Lawes against them and Popish Recusants; the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants, with other particulars clearely demonstrate. Secondly, the present generall Rebellion and bloody proceedings of the Papists in Ireland, to extirpate the Protestant Religion there; and the many prevayling Plots of the Irish Rebels party here, to delay, seize, or frustrate all ayde and opposition against them from hence: with his Majesties late Commissions to Papists and Protestants, and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells, contrary to the very Act he passed this Parliament for Irelands releefe. Thirdly, his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings; and if reports be credible, his Majesties Commissions lately issued to most notorious convicted Papists in**See the Parliaments Remonstrances & Declarations to this effect. Wales, Lancashire, the North and other parts, to arme themselves and raise forces under their Comm…nds (who are now in severall bodies in the field) and his inte…tai…ing of divers Popists and Irish Rebells in his Army to fight against the Parliament, contrary to the expresse Lawes of the Realme; his owne frequent Proclamations and Protestations, …o entertaine …o Papists neare h…m and to defend the Protestant Religion: Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland, the entertaining of some of the Commanders sent to Ireland by the Parliament ag…inst the Reb…lls, if not sending for some of them out of Ireland from that Service to warre against the Parliament; with the passes under his Majesties hand for the tra…s…orting of some Popish Commanders (since joyned wi…h the Irish R…bells) into Ireland; make many jealous heads suspect, the common vaunt, of the Irish Rebells, **See Doctor Iones his book of Examinatons publish…d by Order of both Ho…ses.that they have expresse Commissions both from the Ki…g a…d Queene to warrant the…r …roceedings th…re, and that they fight but for them against the Parli…m…nt, Pu…tanes, and Parliament-D…gs (the Language of the Cavaleeres too, learned from them) are not onelyonly possible, but probable; and that th…re is a generall designe on foote (towards which the Papists in forraigne parts; through the Priests and Queenes Negotiations, have made large contributions) by the Popish Armies now raised in both Kingdomes, to s…t up Popery in its perfection every where, and extirpate the Prote…ant Religion in all o…r Kingdomes, which nothing but an absolute conquest of these blood-thirsty. Papists ca… in p. 34probability prevent, they being already growne so insolent, as to say Masse openly in all the Northerne parts and Army, and in Reading, in affront of God and our Religion: If therefore the premises should now be wholy surrendred to his Majestie, it is much to be feared, that the Popish party (now most powerfull) would in recompence of their meritorious service and assistance in these warres, at leastwise challenge, if not gaine, the chiefe command of the Ports, Navie, Ammunition; the rather, because the Lord Herbert (a most notorious Papist) both before and since this Parliament, enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall, designed for the Kings chiefest Magazine; and then farewell Religion, Lawes, Liberties; our Soules and bodies must become either Slaves or Martyr…s.

Their third generall ground, is the constant practise of most of our Kings (as Iohn Henry the 3^d. Edward, and Richard the 2^d, with others) who after warres and differences with their Parliaments, Lords, Commons, upon accommodations made betweene them, as soone as ever they got possession of their Castles, Ships, Ammunition, seised by their Subjects, brake all vowes, oathes, covenants made unto them, oppressing them more then ever; enlarging their owne prerogatives, and diminishing the Subjects Liberties, (yea taking away many of their lives against Law, Oathes, Promises, Pardons,) on purpose to enthrall them; which still occasioned new Commotions, as the premised Histories and others plentifully informe us. And that the King (considering all his fore-mentioned proceedings, and pertinacious adhearing to his former evill Councellours and their Councells) should degenerate from his predecessors Policies, in case the premises be yeelded wholy to him, before our Liberties and Religion be better setled, and the just causes of our feares experimentally remov…d, i… hardly credible.

But against these 3. Generall reasons,Object. his Majesties many late solemne Protestations, and those Acts which he hath passed this Parliament, are objected, as sufficient security against all future feares: To which they answer.

First,Answ. that if his Maj…sties Coronation Oath, to preserve his Peoples Liberties and Lawes of the Land inviolable, have beene no sufficient security to his Subjects hitherto, ag…inst all the fore-mentioned grievances and illegall pressures: his verball Protestations and Promises are like to prove worse assurance: If solemne Oathes be most apparently violated, what trust can there be to unswore words?

Secondly, our Kings in former times (as I have plentifully proved and infinite examples more declare) seldome or never kept either Oathes or Promises made to their Subjects; but have broken oath after oath, agreement upon agreement, with all verball legall ties; reputing them onelyonly lawfull policies to over-reach their people, and effect their owne designes with greater advantage to themselves, and prejudice to their Subjects. And shall we dreame of a new world, onelyonly in this dissembling age; when Kingcraft is improved to the utmost?

Thirdly, we had his Majesties**At the end of the Petition of Right. solemne Protestation, in the Word of a King, in th… 3^d yeare of his Raigne, backed with**Concerning the breaking up of the Parliament, and before the 39. Articles of Religion. Two Printed Declara…ons then, to all his Loving Subjects, to maintaine the Pet…tion of Right, their Lawes, Liberties, Properties, Religion in purity and perfection without the l…ast violation, or any connivance a…, or back-…iding to Popery: And what good warrants or securities these since proved to the Subjects to pr…se…ve them from severall inundations of oppressions▪ Tax…s, grievances, Innov… ons and relapses to Popery▪ (which have flowed in upon them ever since as if these … b…ene …o bankes to keepe them out, but sluces onelyonly to let them in the faster) the p. 35premises manifest, and we a…l experimentally feele this day. And are the new Promises and Protestations (thinke you) better then the old? or those made this Parliament more obligatory to the King, or his evill Councellors, then those made the two last Parliaments, infringed in an high degree (even to the imprisoning, the searching of Peeres, of Commons Pockets, and studies against the Priviledges of Parliament) within few houres after they were published in Print? Are not the Subjects dayly taxed, imprisoned, plundered, murthered; the Priviledges of Parliament dayly infringed, many wayes? Protestants dis-armed, Papists armed, forraigne forces introduced, Irish Rebels privately countenanced, the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended? the best Iustices removed in all Counties, ill affected persons set up in their places; illegall Commissions of Array executed, justified, the best Protestant Ministers, people most robbed, pillaged, murthered, banished every where; Sheriffes illegally made, Subjects (even at Oxford where the king resides) more inhumanely handled under his Majesties view, than Gally-slaves in Turki…; and scarce one Declaration or Promise observed so much as the very day they are published? notwithstanding so many multiplications of them in Print; that people may the better take notice how they are broken, if they be observant? And shall the Parliament then take, these so notoriously oft violated, never yet observed Protestations, for our Kingdomes onelyonly substantiall security, to put all into his Majesties hands forthwith, before they see some reall performances and change of Councells? Certainely if they be so much over-seene, they are like to be so farre from mending our present condition, that they shall but make it worse, yea and betray themselves, with all that trust them, both for the present and posteritie.

But we have very good Lawes assented to by his Majestie this Parliament;Object. for our security too.Answ. True! but are they not spiders Webbs, and already undermined in action or intention? Doe they secure us in any kinde for the present, and will they doe it for the future? will time (thinke you) make them binding to the King, if they oblige him not, as soon as made? Did the Petition of Right 3… Caroli, (a most inviolable security as most then dreamed) secure the Subjects in the least degree against any publike wrong, so long as for one moneths space? Was it not turned into a kinde of wrong as soon as made, and ever since? Nay, were there not only sundry actions don, but Iudgments too in the very greatest Courts of Iustice, given against it, yea against the very letter and unquestionable meaning of Magna Charta, and other fundamentall Laws, by corrupted, or over awed timorous Iudges? yea, are not most good Acts made this Session for the Subjects benefit, and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe, in his Majesties * Answer to both the Houses Declaration, concerning the Commission of Array? Quid verba a…diam, fact… cùnv…deam? The meanest Latin… Scholler knowes, that verba dare, signifies properly to deceive; and Subjects have beene oft deceived, even with Acts of Parliament. Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties, though ratified with never so many confirmations, oathes, s…ales; I shall give you …. or 3. ancient presidents. The first is that of**Mat. Pa…s Hist. p. 243. to 256 Daniel p. 143. 144. …. King Iohn, who Anno 1214. confirmed Magna Charta, the Charter of the Forrest, and other Liberties with his hand, s…ale, oath, proclamations, the Popes B…ll, solemne excommunications against the infringer… of it, denounced by all the Bishops in his presence; by appointing 25. Ba…ons, who by oath were to see and force him, and all others to observe it, by seising on …is Castles, Lands, goods; and by resigning the custodie of his 4. chiefe Castles to …he dispose of 25. Lords; whom all other Lords and Commons were bound to assist; p. 36yet in lesse than on halfe yeares, space, these strongest obligations are all cancelled, these Gordians cut in sunder with the sword of warre, and the Su…j…cts reduced to greater Vassellage than ever, as the premises evidence. So King Henry the 3^d by oath sundry times successively ratified these Charters, & the Subjects Liberties in Parliament, which they oft dearely purchased with great Subsid…es. And**Mat. Par. Hist. Angl. p. 240. 421. 430. Dan. Hist. p. 157, 158 An. 1237, this King to gain a Subsidie of his Subjects, in a Parliament then assembled at London; denye… that he ever intended to revoke the great Charter, and other Liberties, or laboured with the Pope to d…e it, with which the Barons truely charged him; and that if any such thing had beene casually suggested to him, he did utterly n…ll and revoke it: and because he seemed not altogether free from the sentence of excommunication, which Ste…en the Arch-bishop, with all the other Bishops of England had denounced against all the infringers of the great Charter, which he through ill Councell had in part infringed; he commanded them all in publike, to renew the said sentence against all contradictors of the sayd Charter, so that if he himselfe, through any conceived rancor, had not peradventure observed it, he might more grievously relapse into the said denounced sentence. By which meanes, and speech, he wonderfully reconciled to him the hearts of all that heard of these things, and suddenly causeth the Earles Warren, and Ferrers, and Iohn Fitz-Ieffry, by the Parliaments appointment, to be sworne his Councellors; giving them this Oath; That by no meanes, neither for rewards, nor any other cause, they should swarve from …he way of truth, but should give good and wholesome Councell both to the King and Kingdome. Whereupon they freely gave the King the 30^th part of all their movable goods, except their gold, silver, horses and armes, to be spent on the good of the Republicke, with this condition often annexed; that the King should le…ve the Councell of Aliens, and onelyonly use the advise of his naturall Subjects: Which Subsidie was ord…red, to be collected by 4 knights, and one clerke in every County, and there layd up in some religious house or Castle, that if the King should receede from his promise and condition, every one might faithfully receive backe his owne againe. But no sooner was the Parliament ended, but the King breakes all his promises; shewes more favour to, and is more ruled by strangers then ever before; levies the subsidie in a stricter and farre other manner then was prescribed, and bestowes most of it on strangers to be transported; marrieth his sister. Eleanor to Sim …n Monfort, (a new come French Exile, of meane fortunes) su…ru…eque naturalium hominum consiliis factus est extran…us & suis b… nevolis, Regnoque ac R…publicae u…ilibus factus est cervicosus, ita quod per eorum consilium parum aut nihil de nego…iis Regni tractaret aut operare…ur. Which courses, with other, so incensed the Nobility, and generally all the subjects, as put them into a new commotion; which made him enter into new Articles and promises ratified with seales and Oathes, yet still infringed as soone as made. After this in the 37. yeare of his Raigne he ratified them in the most solemne and religious manner as Religion and State could ever devise to doe.**Mat Par An: 125… 1838, 839 The Stat. at large Dan. Hist p 169. Speed p. 28 Mat Weston. Holinshed, Fab. Graf. An. 1253. The King with all the great Nobility of England, all the Bishops and chiefe Prelates in their Pontificalibus, with burning Tapers in their hands assemble to heare the terrible sentence of Excommunication, and at the lighting of those candles, the King having one of them in his hand, gives it to a Prelate there by, saying: It becomes … me being no Priest, to hold this Candle, but my bea… shall be a greater testimony; and withall layd his hand spread upon his breast, the whole time the sentence was read, in this forme. We Boniface Arch-bishop of Canterbury, &c. by the Authority of Go… Almigh…y, and of t…e Sonne, and of the Holy Ghost, and of all Apostle, M…rtyrs, Confessors, Virgins, and all t…e Saints of God (many of them there specially named) doe … and separate … Church of p. 37God, all those who from henceforth, wittingly and willingly shall deprive or spoyle the Church of her right: likewise all those, who by any art or cunning shall rashly violate, diminish, or alt…r privily or openly or by … deed, or councell, shall rashly come against al o… any of the ancient Liberties o…pprov…d customes of the Realme, and especially the Libertie, and free Customes which are conteined in the Charters of the Common Liberties of England, and of the Forest, granted by o…r Lord the King of England, to t…e Arch-Bishops, Bishops, Prelates, Earles, Barons, Knights and F…ee Tenants of England; likewise all them who shall make, or observe when made, any statutes, or introduce or keepe when introduced, any customes against them or any of them, together with the writers, Councellors, and executioners of such statutes, and those who shall presume to judge accord…ng to them. Insempeternall memory whereof, we have thought meete to set our seales. And then throwing downe all their Candles, which lay smoking on the ground, every one cryed out; So let every one who incurres this sentence be extinct in hell. Then the B…l…s ringing cut, the King himself solemnely swore and protested with a lowd voyce, with his hand upon his brest: As God me h…lpe, I will faithfully and inviolably keep these things, as I am a Man, a Christian, a Knight, a KING CROWNED & ANO INTED. Which done, Robert Bishop of Lincolne fore-thinking, that the King would violate the foresaid Charters, presently caused the like excommunication to be made in all his innumerable Parish Churches; which sentence would make mens eares to tingle, and their hearts not a little to tremble.**Daniel, p… 169. Never were Lawes amongst men (except those holy Commandments from the Mount) established with more majestie of Ceremony, to make them reverend and respected then were these: they wanted but …hunder and lightning from heaven, (which if prayers would have procured, they would likewise have had) to make the sentence ghastly, and hideous to the infringer… …ereof. The greatest security that could be given, was an oath, and that solemnely taken; the onelyonly chain on earth, besides love, to tie the conscience of man and humane Society together; which should it not hold us, all the frame and government must needes fall quite asunder. Who would have once imagined, that a man, a Christian, a Knight, a King, after such a publicke oath and excommunication, would ever have violated his faith, especially to his loyall Subjects? yet loe almost a miracle (though over-common among our Kings,) the very next words in my**Math. Paris p. 839. Historian after this Oath and Excommunication, are these; The Parliament being thus dissolved, the King PRESENTLY using ill Counsell, studied how to infringe all the premises; these whisperers of Satan telling him; that he neede not care though he incurred this sentence, for the Pop… for one or two hundred pounds will absolve him, who out of the fulnesse of his power can loose and binde whatsoever he pleaseth, &c. which the Pope soone after did; and the King returned to his former oppressive courses, more violently than before. Well then might the royall Prophet give us this divine caution,**Psal. 146. 3 Psal 62. 9.Ps 146:3Ps 62:9 O put not you… trust in Princes: **Math Paris p. 825 826. speed p 627. 628. Daniel p. 167. 168.Surely men of high degree are a lye; to be layd in the ballance they are altogether lighter th…n vainty, both in their oathes and promises. Hence* Isable Countesse of Arundle, a well spoken Lady, receiving a repulse from this Kings hands about a Ward, whereto she conceived she had right, the King giving her a harsh answere, and turning from her, sayd thus to his face: O my Lord King, why turne you away your face from justice, that we can obtaine no right in your Court! You are constituted in the midst betweene God and us, but you neither governe your selfe nor us discreetely, as you ought. You shamefully vex both the Church and Nobles of the Kingdome by all wayes you may, which they have not only felt in present but often heretofore. The King fired … so free a speech, with a scornefull angry countenance, and lowd voyce answered: p. 38What, my Lady Countesse, have the Lords of England, because you have tongue at will, made you a Charter, and hired you to be their Orator and Advocate? Whereunto she replyed: Not so my Lord, they have not made any Charter to me; but that Charter which your Father made, and which your selfe have oft confirmed, swearing to keepe the same inviolably and constantly, and often extorting money, upon promise, that the liberties therein conteined should be faithfully observed, you have not kept, but without regard to honour or conscience broken; Therefore are you found to be a manifest violater of your faith and Oath. Where are the liberties of England, so often fairely ingrossed? so often granted? so often bought? I, though a woman, and with me all the naturall and loyall people of the land, appeale you to the Tribunall of that high Iudge above, and heaven and earth shall be our witnesse, that you have most unjustly dealt with us, and the Lord God of revenge, avenge and right us. The King distrubed at these words asked her; If she expected not to obtaine her suite upon favour, seeing she was his kinswoman? Whereunto she answered. How shall I hope for grace, when you deny me right? Therefore I appeale before the face of Christ against those Councellours also of yours, who gaping onelyonly after their own gaine, have bewitched and infatuated you. I wish none had cause at this very season to make the like appeales. As boldly, though in fewer words, is he reproved by the **Mathew Paris. p 826. 827. Daniel p 168.Master of the Hospitall of Hierusalem, in Clarken-well, who comming to complaine of an injury committed against their Charter, the King told him; The Prelates, and especially the Templets and Hospitalers, had so many Liberties and Charters, that their riches made them proud, and their pride mad; and that those things which were unadvisedly granted, were with much discretion to be revoked; alleaging, that the Pope had … recalled his owne grants, with the clause, Non obstante; and why should not he cashiere those Charters inconsiderately granted by him, and his Predecessors? What say your Sir? (sayd the Prior) God forbid so ill a word should proceed out of your mouth: so long as you observe justice you may be a King, as soone as you violate the same, you shall cease to be a King. To which the King inconsiderately replied. O what meanes this! you Englishmen, will you cast me downe from the Kingdome as you did my Father, and kill me being praecipitated? I could instance in diverse like violations of Mag…a Charta and other good Lawes immediately after their making and ratification with solemnest Oathes and**See Constit. Concil. de Reding. cap. de sentent. excom. public. in Iohn de Aton. …. 131. excommunications, both in King E…ward the 1. and 2. and Richard the seconds raignes, which because elsewhere lightly touched I shall pretermit; concluding onelyonly with one president more, in one of our best and justest Princes raignes, King**Daniels History p. 260. Edward the third, in whose reigne even then when by speciall Acts, there was not onelyonly a trieniall Parliament but an annual to be held; and sometimes 4. or 5. Parliamentsheld every yeare, and Magna Charta usually first confirmed by a new Law in every one of them, yet we shall finde not onelyonly frequent complaints of the breaches of it, but**5 E. 3 c 9. 15. 15. E. 3. Stat. 1. c. 2. 3. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. c. 8. 38. E. 3. c. 9. 42. E. 3. c. 3. many new Lawes one after another, enacted, to prevent and punish the violations of it; and yet all to little purpose, as those Acts declare, and our late, yea present times attest: and which is very observable; when King Edward the 3^d in the first Parliament, in the 15. yeare of his Raigne, had ordained and established divers good Statutes, which he willed and granted FOR HIM & HIS HEIRES that they should be FIRMELY KEPT & HOLDEN FOR EVER, for the ratification of Magna Charta, and better observing other good Lawes: and enacted, That the Chauncellour, Treasurer, Barons of the Exchequor, Iudges, and all other great Officers of the Kingdome should then for the present in Parliament, and for ever after take a solemne Oath before their admission to their Offices, to keepe p. 39and maintaine the points of the great Charter, and the Charter of the Forrest, and all other Statutes, without breaking any one point; No sooner was that Parliament dissolved, but the very same yeare, he publikely**The Revocation of this Statute made 15 Ed. 3. in the Statutes a… large. revoked those Statutes: pretending, That they were contrary to the Lawes and Customes of the Realme, and to his Prerogatives and Rights Royall, all which he by his Oath was bound to m…inta…ne; Wherefore willing providently to revoke such things, which he so improvidently had done. Because (saith he, marke the dissimulation of Princes even in Parliaments) We nev…r realy consented to the making of such Statutes, but as then it beloved VsUs, WEE DISSEMBLED IN THE PREMISES: by Protestations of r…vocations if indeed they should proceed to secure the Dangers, which By the Denying of the same we feared to come, for as much as the said Parliament otherwise had beene without any exp…dition, in discord dissolved, and so our earnest busi…sse had likely bee…e, which God pr…ohibit i…ruine. And the said pretensed Statute, we promised then to be sealed; But sithence the Statute did not of our owne free will proceed, it seemed to the Ea…s, Barons, and other wise men, with wh…m wee have treated thereupon, … should be voide, and ought not to have the Name nor Strength of a Statute: And therefo…e by their Counsell and Ass…n… We have Decreed the said Statute to be void, and the same in as much as it proceeded of deed, we have brought to be anulled. And the same we doe onelyonly to the conservation and redintegration of the Rights of our Crowne, as w… be bound, and not that … should in any wise aggravate or oppresse our Subjects whom wee desire to rule by lenity and gentlenesse. And thus his S…ablishing of these Lawe…, for Him and his Heires, firmely to be holden and kept for ever, was turned into an estate at will, determined as soone as granted. By which pretence of Dissimulation, of a consent to Acts, yet no free, but sained onelyonly to accomplish his owne ends, and of preserving and redintegrating the Rights of the Crowne; how easily may any King, (and how oft have many Kings, actually, though not Legally) invallid and …ullifie all Acts they have passed for the Subjects benefit, as soone as they are made by Parliaments? What weake assurances then are Lawes alone, to binde Princes hands, or secure Subjects Liberties, let all wise men judge.

If then the ignorant vulgar will be deceived with these specious fruitlesse Protestations, and the bare grant only of some good Laws (already highly violated) with…out any apparent intention to observe them; yet most presume the great Counsell of the Kingdome (which in so many printed Declarations hath informed the Subiec… of the premises, to make them cautious, and vigilant against all such circumventions) wil not be so easily over-reached, and find better assurances before they trust too … ▪

Fourthly, admit (say some) His Majesties Protestations and Promises upon t… hoped accommodation should be reall, (w^ch the sending abroad of his Forces, West, South, North, at this very instant of Treating makes most doubt,) yet the sway of ill Counsellors about him, more prevalent with, more trusted by him, at this present then his grandest Counsell, the Parliament: the Potencie of the Queene, the great merits of her Grace & Papists (who will not be more modest with the King, then they are with God himselfe, in challenging rewards ex debito, for service done unto him) … of divers Malignants about the King, who will challenge all places of trust from his Majestie, as just reward for their faithfull service; as they did in Henry the … this raigne, when**Hist. Arg… p. 371. Mathew Paris complained, and the whole Kingdom… with him in this manner, Iudicia … injustis leges exlegibus, … &c. Who when they have all power and offices shared among them, will be apt to meditate and act revenge on the primest of their Parliamentary Opposites, to oppresse and fleece the Subjects to repaire their losses, their expences in this warre, or their poore decayed fortunes. All these with other such like probable subsequent considerations, may iustly plead the inconvenience, and great danger to Parliament and Kingdome, to make an absolute present surrender of the Militia, Forts, Navie, ammunition into such untrusty hands, as are likely to turne them all against them, and to prooue mischeivous, if not pernicious, unto both, for the premised reasons;**Seneca De Clementia l. 1. Pestifera vis est valere ad n…cendum; especially if it be in Malignant hands. And here, to avoyd all misinterpretations of this impartiall discourse, I seriously protest; that as I heartily desire and constantly endeavour a speedy, safe, cordiall vnion between King, Parliament, People; so have I most unwillingly been necessitated to repeat the premised objections, much feared designes, and experimentall contradictions betweene many late Protestations and actions, (frequent in Parliamentary Declarations, new printed Pamphlets, and most mens mouthes;) not out of any disloyall seditious intention (as some will maliciously mis-conster it) to staine his Maiesties Reputation with his people, and make the breach betweene them incurable, that they may never trust one another more; but onelyonly faithfully to demonstrate to his Highnesse and all about him, the great disservice and impoliticke pernicious advise of those ill Counsellors, who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words, as have given both Parliament and people, a more then colourable, if not iust occasion to distrust his Maiesties gracious words and promises for the present, till they shall visibly discerne them, more punctually observed, and reallized for the future; and made them so unhappy on the one hand, that now they dare not trust his Majesty so farre forth as they desire, out of a provident care of their owne future security; and His Highnesse so unfortunate on the other hand, as to grow jealous of their Loyalties, because they will not conside in his Royall Faith and Protestations, so farre as he expects, out of a care to preserue his owne Kingly Honour. In this unhappy diffidence (occasioned onelyonly by His Majesties cvill Counsell) betweene King and Kingdome, a reall future renouncing of all forenamed suspected designes, and actuall performance of all Regall promises, will be the onelyonly meanes to cure all Ielousies, banish all feares, remove all diffidences; and beget an assured trust, firme peace, and lasting unity between King and Subjects, to their mutuall unexpressible felicity; which I shall dayly imprecate the God of Peace, speedily to accomplish. But to returne to the matter in hand.

Secondly, It is conceived by many indifferent men, to be farre more reasonable and safe both for King and Kingdome (as things now stand) that the Mili…ia, Ports, &c. till our feares and jealousies be quite removed, should remaine in the Parliaments hands, then in the Kings alone: which they thus demonstrate.

First, Because all these**See the Remonstrance of the Lord and Commons, May 26. 1642 and Novem. 2. 1642. are the Kingdomes in right, property, use; not the Kings; Who being but the Kingdomes Royall publicke Servant, may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdome for a reason, then detaine them from them, when they require it. Secondly, Because the Parliament is the Superiour Soveraigne power, the King but the Ministeriall; and it is more rationall and just, that the inferiour should condiscend to the greater Power, the Ministeriall to those hee serves, then they to him. Thirdly, Many men of Honour and fidelity are more to be trusted and credited, then any one man whatsoever, because not so mutable, so sub…ect to seduction, corruption, errour, or selfe-ends as one, or very few. This is the true reason, there are many Iudges in all p. 40Courts of Iustice; most select Members in the highest Court of all, the Parliament, (as there**See Plutar Numa Pem: Pilius, Livie, l. 2. Bodin Com. Weale l. 3. c. 1. was in the Roman Senate, in Foraigne Parliaments, in Nationall and Generall Councels; because Courts of greatest trust and power) many being more trusty and juditious then one, or a few; Whence Solom…n doubles this resolution, **Prov. 11. 14. c 15. 22. c. 24. 6.Prov 11:14In the multude of Counsellors there is safety; yea,**Eccles 4. 9. to 13.Eccl 4:9–13 two (saith hee) are better then one, in point of trust; whence wise men of great estates make many …, or Executors, and seldome doe cofide in one alone, The Parliament therfore being many, and the King but one, are most to be confided in by the Kingdome. Fourthly, Kings have frequently broke their Faith and Trust with their Parliaments and Kingdomes; Parliaments seldome or never violated their trust to King or Kingdome; therefore its more just, lesse dangerous for King and Kingdome to trust the Parliament, then the King.

Fiftly, The Parliament is elective, consisting for the most part of the principall men in every County, City, Burrough, in whom the people who elected them, most confide; The King successive, not Elective. Therefore not so much confided in by the Kingdome, as the Parliament. Sixtly, The Parliament being the great Counsell both of King and Kingdome, consisting of the ablest men of all Counties; is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety, then the King alone, without their advise. Seventhly, The Parliament heretofore hath elected the greatest Officers of the Kingdome, (yea the King himselfe, when the Title to the Crowne hath been doubtfull, the inheritance and discent whereof hath in all or most Princes raignes, **See 7. H. 4. c. 2. 26 H. 8. c. 22. 28. H. 8. c. 7. 35. H. 8. c. 1. 1 Eliz. 2. cap. 1. Cooke 8. Report: The Princes Case.beene constantly guided and setled by the Parliament, as I have formerly proved) because it most concernes the weal or woe; the peace & safety of the Realme to have trusty Officers; Therefore by the selfe-same reason they should for the present appoint all Officers for the custody and ordering of the Premises. Eightly, The Kings trusting the Parliament with these things for a convenient time, wil be the only meanes to remove the peoples feares, prevent their dangers, quiet their mindes, beget a perfect vnity and amity between King, Parliament, Subject, and prevent all future differences: whereas the present resigning of them to his Majesties trust and power, will but augment their jealousies, feares, dangers, discontents; and neither pacifie former differences, nor prevent future, but rather perpetuate and beget them; especially if any notorious Papists, Malignants (the likeliest men to be imployed vnderunder his Maiesty) be trusted with any of the premises, which will endanger both Liberties and Religion; of which there will be no feare at all, if the Parliament and such as they shall nominate be the onelyonly Trustees. In fine, If neither King nor Parliament dare trust one the other alone with the premises, and it is neither Royall, nor Honourable as many beleev for the King to trust the Parliament now alone, with these, who in their**Novem. 2. 1642▪ and May 26. 1642. Declarations never desired, but professed the contrary, that the chiefest command of the Militia when indifferent Officers were appointed, should still reside in his Majesty, in as ample manner as before; there is no other equall, honourable, just, impartiall, probable way left to secure or accord both parties in this particular, but onelyonly to commit the premises for a convenient time, to the custody of such trusty persons, nominated by the Parliament to the King, or by the King to the Parliament, as both sides ioyntly shall allow of, and by a speciall Bill to prescribe them such an Oath, as shall oblige them, to keep and imploy them onelyonly for the ioynt use of King, Kingdome, and Parliament, by the joynt direction of King and Parliament, and not by the single warrant or command of either of them, whiles this Parliament continues; VnderUnder paine of High Treason, both against the King and Kingdome.

I shall close up this obiection with the words of Seneca, **De Clementia l. 1. c. 29.Securitas securitate mutua paciscenda est: Errat enim si quis existimet tutum esse Regem, vbi nihil a reg… tutum est. Vnum est inexpugnabile munimentum, Amor Ciuium; which the King shall then be sure of, when he takes up this resolution; Non rempublicam suam esse, sed se Reipublicae: and shall really trust the Kingdome and Parliament as much, as farre forth, as he expects or desires they should trust him.