The Sovereign Power of Parliaments and Kingdoms, Part 4

The Sovereign Power of Parliaments and Kingdoms · Part 4

p. 14The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm, Laws, Liberties without the King, in case of the Kings wilfull absence from, and taking up Arms against the Parliament and Kingdom, briefly vindicated from the calumnies against it.

THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne, being fully examined and refuted in the Premises, so far (I hope) as to satisfie all ingenuous men, in point of Divinity, Policy, Law, Reason, Conscience. I shall next proceed to the remaining materiall Accusations which concerne the Subjects onelyonly, in regard of Property and Liberty: wherein I will contract my Discourse into a narrow compasse; partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction, hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses, representing them: partly because these accusations are not so universally insisted on, as the former which concerne the King; the justnesse of them being generally acknowledged, willingly submitted to by most, except such, who calumniate and traduce them, either out of covetousnesse onelyonly to …ave their Pur…es, or from a groundlesse Malignity against the Parliament, or out of a consciousnesse of their owne Delinquencies, subjecting them to the Parliaments impartiall Justice, or out of some particular interests which concern them in their gains, honours, preferments, or such who by their restraints for not paying Parliamentary Assessements, hope to save their purses for the present; or to gaine favour and preferment by it for the future. If these private sinister ends were once laid by, this second sort of accusations would speedily vanish, especially with men of publike spirits, who prefer the Common-weale before their owne particular interests.

The first of these Cavillatory Objections Object. 6.against the Parliaments proceedings is, That both Houses, without the KingsSee the Kings Declarations and Proclamations against this and other Assessements. Royall Assent, have contrary to Magna Charta, the Petition of Right, the Statutes De Tallagio non concedendo, and other Acts, by their Ordinances onelyonly imposed late Taxes on the Subjects, amounting to the twentieth part of their estates, and since that monethly or weekly Assessements, to maintaine a war against the King; a grand incroachment on the peoples Properties, contrary to all Law and Iustice.

This Objection seems very plausible and cordiall to covetous Earth-worms, being politikely contrived to Court the close-handed niggardly party, by those who are guiltiest in themselves of that they thus object against others. But it will easily receive an answer,Answer. as to the Parliament, and recoyle with infinite disadvantage on those that make it.

p. 15First … an…wer, That the Parliament is the absolute Soveraigne power within the Realme, not subject to, or ob…iged by the letter, or intendment of any Laws, being in truth the sole Law-maker, and having an absolute Soveraignty over the Laws themselves (yea, over Magna Charta, and all other objected Acts) to repeale, alter, determine and suspend them when there is cause, as is undeniable by its altering the very common Law in many cases, by repealing, changing many old Statute Lawes, and enacting new ones every Sessions as there is occasion, for the publike safety and defence. This the practice of all Parliaments in all ages (yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too) abundantly manifests. The Parliament therefore never intended by all or any of these objected Acts, to binde its owne hands, but onelyonly the Kings and his Ministers, with inferiour Courts of Justice, neither is the Parliament within the letter, words, or meaning of them; therefore not obliged by them.

2. The King, with his Officers, Judges, and inferiour Courts of Justice only are included, and the Parliament, is directly excluded out of the very letter and meaning of all these Acts; as is apparent. First in generall, from the occasion of enacting all these Laws, which was not any complaints made to the King of any illegall taxes, imprisonments, or proceedings of our Parliaments, to the oppression of the people; but onelyonly the great complaints of the people and Parliament against the illegall taxes, impositions, imprisonments, and oppressions of the Subject by the King, his Officers, Judges, and inferiour Courts of Justice, as all our H…stories, with the Prefaces and words of the Acts themselves attest; to redresse which grievances alone th…s… Lawes were made by the Parliaments and peoples earnest solicitations, much against the Kings good will.See Sir Edward Cookes Iusti…ut, on Mag. Charta, and these Laws Articuli super Chartas, Confirmatio Chartarum, part. 1. The Parliament then (who would never solicit them king of a Law against, or to restrain it selfe) being cleare out of the orignall ground and mischiefe of enacting these Lawes, and the King, with his Ministers, and inferiou… … is only within them; they can no way extend to the Parliament, but to them alone.

3. The Parliament, … the making of these Acts, hath alwayes constantly enjoyed an absolute right and power, without the least dispute, of gran…ing and imposing on the Subj…cts whatsoever Taxes, Subsidies, Aids, Confiscations of Goods, or restraint of Liberty by temporall or perpetuall imprisonment, it thought meet and necessary for the publike defence, safety, and tranquility of the Realm, as the severall T…xes, Subsidies, and Poll-monies granted by them in all ages, the many Statutes enjoyning confiscation of Lands, Goods, corporall punishments, banishments, temporary or perpetuall imprisonments, for divers things not punishable, nor criminall by the Common Law, or when Magna Charta, and the ancient Statutes in pursuance of it were first enacted, abundantly evidence past all contradiction: none of all which the King himselfe, his Officers, Judges, or inferiour Courts of Justice can doe, being restrained by the objected Acts. Therefore it is altogether irrefragable, that the Parliament and Houses are neither within the words or intentions of these Acts, nor any wayes limited or restrai…ed by them, but left as free in these particulars (in order to the publike good and safety) as if those Acts had never beene made, though the King, with all other Courts, Officers, Subjects, remaine obliged by them.

p. 164. This is evident by examination of the particular Statutes objected: The first and principall of all the rest is Magna Charta, cap. 29. But the very words of this Law: Not We shall not passe upon him, nor condemne him, but by the lawfull judgement of his Peeres, or by the Law of the Land: We shall deny nor deferre to no man either Justice or Right, compared with the Preface to, and first Chapter of it, Henry, &c. know ye that We, &c. out of meere and free will, have given and granted to all Archbishops, Bishops, E…rles Barons, and to all free men of this our Realm of England, and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE, these liberties underwritten, to have and to hold to them, and their Heirs, OF US AND OUR HEIRS FOR EVERMORE, &c. (together with the whole tenour and title of this Charter, and the two last Chapters of it;) All those customs, and liberties aforesaid which we have granted to be holden within our Realme, as much AS APPERTAINETH TO US AND OUR HEIRS, WE SHALL OBSERVE. And for this our gift and grant of those Liberties, &c, our Subjects have given us the fifteenth part of all their moveables: And We have granted to them on the other part, that NEITHER, WE NOR OUR HEIRS shall procure or doe any thing, whereby the Liberties in this Charter contained shall be infringed or broken; We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY. (not the Parliament) All these, I say, infallibly demonstrate, that this Statute of Magna Charta, did never extend unto the Parliament to restraine its hands or power, but onelyonly to the King, his Heirs, Officers, Courts of Justice, and particular subjects. So that the Parliaments imprisoning of Malignants, imposing Taxes for the necessary defence of the Realm, and seizing mens goods, or imprisoning their persons for non-payment of it, is no wayes within the words or intent of Magna Charta, as Royallists and Malignants ignorantly clamour; but the Kings, his Officers, Councellours, and Cavall…ers proceedings of this nature are cleerly most direct violations of this Law.Rastall Accusation 5, 6, 7, 8. And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self, all which expresly resolve, that this very objected Law of Magna Charta, extends onelyonly to the King himselfe, his Privy Councell, Iudges, Iustices, Officers, and inferiour Courts of Iustice, but not unto the supream Court of Parliament, which no man (for ought I finde) ever yet held, to be absolutely obliged by it, before the Kings late recesse from Parliament.

The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS (not the Parliament) in our Realme, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other free men of the Land; which the Statute of**Restall Tenths, Taxes, &c. 1. 25. Edward 1. thus explains, But by the common consent of the Realme. The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus, If it be not by common consent of the Prelates, Earles, Barons, and other great men and Commons of our said Realme of England, AND THAT IN PARLIAMENT. The Statute of 25. Edward the third, cap. 8. thus. If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT. The Statute of 36. Edward the third, p. 17cap. 11. thus, That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants, nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT. The Statute of 45. Edward 3. cap. 4. thus, it is accorded and stablished, That no imposition or charge shall be put upon Woolls, Woollsels, or Leather, other then the custome and subsidie granted to the King, WITHOUT THE ASSENT OF THE PARLIAMENT, and if any be, it shall be repealed and holden for none. And the Petition of Right, 3. Caroli, thus, By which Statutes, and other good Statutes of this Realm, your Subjects have inherited this freedom, that they should not be compelled to contribute any Taxe, Tallage, Custome, Aid…, or other like charge, not set BY COMMON CONSENT IN PARLIAMENT. Now it is as evident as the noonday sunshine, that these Acts onelyonly extend to the King, his Heirs, Councell, Officers, inferiour Courts, and private Subjects onelyonly, and that the Parliament is precisely excepted out of the very intent and letter of them all, having free power to impose on the Subjects what Aids, Taxes, Tallages, Customes, and Subsidies the shall deem meet▪ by the expresse provision of all these Laws, concerning the granting and imposing of Subsidies, Therefore by the direct resolution of these Acts, the Kings, his Councellors present contributions, assessements, and ransoms imposed on the Subjects are illegall, against the letter and provision of all these Acts; but the Parliaments and Houses lawfull, approved and confirmed by them.

True, will Royallists and Malignants answer (who have no other evasion left but this) If the King were present in Parliament,Object. and consenting to these contributions and taxes of the twentieth part, there were no doubt of what you alleage; but because the King is absent, and not only disassents to, but prohibits the payment of this or any Parliamentary Assessements by his Proclamations, therefore they are illegall and against these Laws.

1 To which I answer,Answer. First, that the King by his Oath, duty, the ancient custom and Law of the land ought of right to be alwayes present with his Parliament (as he is now in point of Law) and not to depart from it but in cases of urgent necessity with the Houses free consents, and then must leave**See 8. H. 5. c. 1. Commissoners, or a Deputy to supply his absence. This is not onelyonly confessed, but proved by a Booke lately printed at Oxford 1642. (with the Kings approbation or permission) intituled, No Parliament without a King, pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested, That Kings were, and ought to be present in their Parliaments, which I have**Part 1. pag. 42, 43, 44. formerly cleared. If then the King, contrary to these Presidents, his Oath, Duty, the Laws and Customs of the Realme, the practice of all his Progenitors, the rules of nature (which prohibit the head to separate it selfe from the body) and will (through the advice of malignant Councellours) withdraw himselfe from his Parliament; yea, from such a Parliament as himselfe by a spceiall Act hath made in some sort perpetuall, at the Houses pleasure; and raise an Army of Papists, Delinquents, Malignants, and such like against it, and that purposely to dissolve it, contrary to this very Law of his for its continuance: why this illegall tor…ious act of his (paralleld in no age) should nullifie the Parliament, or any way invalid its Imposicions or Proceedings, for their own, the Kingdoms, Peoples, and Religions preservation (all now indangered) transcends any reasonable mans capacity to apprehend.

2 The right and power of granting, imposing, assenting unto Ass…ssements, p. 18Taxes, Suosi…i…s, and such like publique charges in Parliament, for the publique safety, rests wholly in the Commons and Lords, not King; and is their owne free act alone, depending no waies on the Kings assent, nor necessarily requiring his personall presence in Parliament.

This is evident: First by the expresse letter of the forecited Acts; No Subsidy, Tax, Ayde, Talleage, or Custome shall be set, granted, taken or leavied, but by common consent and grant of the Prelates, Earles, Barons, Knights, Burgesses, and other free men of the Realme in Parliament; or without the assent of the Parliament: so that their **See part. 1. p. 47, 48, 49, 50.grant and assent i… Parliament, (not the Kings) is the onelyonly thing that makes them legall and binding to the subject. Now both Houses have granted, ordered, and assented to this Assessement, exceeding not the twentieth part of mens estates; and given order for the leavying of it, and that for the Parliaments, Kingdomes, religions, necessary defence and preservation. Therefore it is obligatory and legall, though the King himselfe consent not, or disassent thereto, (especially as the present condition of things stands) even by the very letter of these acts.

Secondly, this is apparent by the letter of all our publique Acts, for the granting of Subsidies, Ayds, Tenths, Fifteenes, Taxes, Customes, Tonnage, Poundage, or any such like impositions in and by Parliament, either by the Temporalty or Clergy: which Acts runne usually in this manner.**12 E. 4. c. 3. The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME▪ and especially for the safegard and custody of the Sea, a Subsidy, a Subsidie called Tonnage, &c. **14. E. 3. c. 20. The King then absent in France.The Prelates, Earles, Barons, and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe, ninth sheafe, and ninth fleece, &c. And of Cities and Burroughs the ninth part of all their goods and cha…ls▪ &c. in aide of the good keeping the Realme as well by Land as by Sea, &c. **1. E. 6. c. 13. 1 Mar. 1 E. c. 19. 1. Jac. c. 33.Mark 1We your p…ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following, as GRANTED of free hearts and good wils, as the first-fruits of our good wils and hearts, &c. by the advice and Assent of the Lords spirituall and temporall, GIVE & GRANT, for the defence of your realm, and the keeping and safegard of the seas, &c. one Subsidy called Tonnage, &c. **21 Jac. c. 32. 1. Car. c. 5.The Prelates and Clergy, &c. as a speciall and significant testimony of their loyall affection, &c. with one affection and uniforme consent HAVE GIVEN & GRANTED foure whole and intire Subsidies. **1 Car. c. 6. 21. Jac. c. 33.We your Commons assembled in your high Court of Parliament, humbly present your Majesty with the FREE & CHEERFULL GIFT of two intire Subsidies, &c. All Subsidies and Taxes then being the free gift of the Commons, Clergy and P…eres in Parliament, and that onelyonly for the defence of the Kingdome by sea and land; it is infallible, that they do, may and can oblige themselves, and those they represent, to pay such publike Taxes, to this end, without the Kings concurrence.

Thirdly, this is cleare by considering, that the Commons and Lords in Parliament have alwaies had: 1. And absolute right and power to grant or deny Taxes, Subsidies, aydes and assistance as they saw occassion.**See Restall. Taxes, &c. throughout. 2. To proportion the aydes and Subsidies granted. 3. To limit the certaine manner, waies, and times of paying and levying them; and the persons who shall either pay, assesse, collect, receive, or disburse them. 4. The ends and uses to which they should be imployed when leavied, debarring the King oft times (when they saw cause) of any power at all to receive or dispose of them, appointing Collectors, and Treasurers of their owne to receive p. 19and issue them out againe, by the advice and directions of these, as themselves prescribed; for which I shall give you some few instances of note in lieu of many more, that might be remembred.**Matth. Paris, Hist, Angl. p. 420, 421, 562, 563. Daniels Hist, p. 157. Anno 1237. being the 21 yeere of Henry the third, The Parliament after many contestations with the King for his fraud, oppressions, favouring of Aliens, &c. to the Kingdomes detriment; the King by Oath pr…m…sing amendment, granted unto him the thirtieth part of all their moveables (excepting ready Money, Horse, and Armour,) to be imployed for the Common wealth, and benefit of the Realme; with this condition often annexed, that the King should leave the Counsell of Aliens, and onelyonly use that of his naturall Subjects. And for more security it was ordained, that foure Knights of every Shiere, and one Clerke of the Kings in every severall Shiere, shall upon their o…thes collect, receive and deliver the said Subsidy either into some Abbey or Castle, to be safely reserved there, and disposed of for the benefit of the King and Kingdome, by the view and counsell of the Earle Warren or others, when there should be need: Or otherwise if the King f…iled in performance of His promises and grants, it ought to be faithfully restored and distributed to the Country whence it was collected. **Walsingham. Hist. Angl. p. 88. Holinshed, Gra…ton, and Daniel, p. 211.In the 11. yeere of King Edward the 2. Anno 1318. The Parliament (not daring to trust this prodigall mis-counselled King with moneys) instead of Subsides, granted him an aide of armed men against the Scots: London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion, whereby a great Army was leavied. The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. & Stat. 2. c. 1. 18. E. 3. Parliament 2 & 3. (forecited at large, part. 2. p. 8. 9.) 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others, whom they nominate, and appoint Treasurers to receive and issue them to the ends for which they granted them, prescribing them an oath to issue none of them to other purposes, or in any other maner then they prescribed. Yea the Acts of former Parliaments, and this present concerning Tonnage. Poundage, Polemoney, and Subsidies, frequently do the like. Therefore the granting and disposing of those Taxes, Aydes, Subsidies rests wholly in the Commons, and Lords; and no waies on the King, who commonly desires the Parliament to great them.

Fourthly, this is further evidenced, by the Kings usuall answer and assent unto such Bills as these:**Mr. Hack…ls manner of passing Bils, s…ct. 8. p. 78. Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE, & auxy le v…ult; taking it wholly as a free grant from them; which assent in this case is rather formall then substantiall, it being the Commons and Lords owne consent only to Bils of this nature, not the Kings, that make the Taxes and Impositions binding as the forecited Statutes, the Petition of Right 3 Caroli; **See part. 1. p. 37, 38, 39, 46, to 53.Fortescue, and our Lawbookes resolve, and I have elsewhere manifested more at large. Therefore the want of the Kings assent, or disassent to the Parliaments present ass…ssement for the Kingdomes necessary defence in the present extremity (when the King not onelyonly wilfully absents himselfe from, but hath raised Armes against the Parliament) is not materiall nor simply necessary in point of Law, though usually requisite and necessary for formality sake, at other seasons, to compleat such Acts; since Sepenumero Necessitas vincit legem, & quod necessarium est, lici…um est (as this assessement now is) though all formalities be not punctually observed; as is resolved in Dormers case. Cooke l. 5. f. 40. b.

Fiftly, it is undeniable, that the Knights, Citizens, Burgesses, and Commons in Parliament, elected by the suffrages of the severall Counties, Cities, and Burroughs of England, p. 20do **See part. 1. p. 39. 47.really and legally represent all the Commons; and the Lords and they the whole Realm, and all the people of England: so that what ever Tax is imposed and assented to by them, or by both Houses onelyonly without the King (who represents no man but Himselfe alone) is in point of Law imposed and assented to by all the Commons, and whole Realm of England, (as the recitals in all our Statutes, and Law-bookes resolve) though the King assent not to it, If therefore (as our**Fitzh. Assise 413. Auowry, 74. Prescrip. 67. Br. Custom. 31. Ruchin. 45. 73. 80. Co. 5. Rep. 63. to 69. See Rastal. title Corporations. Law-books clearely resolve without dispute, and the experience of all Corporations, Parishes, and Mannors evidenceth past contradiction) all Ordinances and Bylaws made for the common good of Corporations, Parishioners, Tenants of a Mannor, and the like, by all or the greater part of the Corporations, Parishioners. Tenants, and Taxes imposed by them for the Common good (as repairing of Churches, High-waies, Bridges, reliefe of the poore, and the like) shall binde the rest: even in point of Law, without the Kings assent. Then by the same, or better reason, the imposi…ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament, representing the whole Commons and Realme of England (who actually assent likewise to these Taxes and Assessements in and by them) must and ought in point of Law to oblige all the Subjects in this case of necessity, (at least▪ as long as the Parliament continues sitting, and this their representation of them remains entire;) especially being for the necessary defence of the Parliament, Kingdome, Religion, all our lives, estates, liberties, lawes, against an invading Army of Papists and Malignants, in a case of extraordinary extremley. This I shall further cleare by some ancient and late judgements in point.

M…ch. 14. Ed. 2. rot. 60. in the Kings Bench William Heyb…rne brought an Action of Trespasse against William Keylow, **Judge Crookes argument against Shipmoney. p. 24, 25for entering his house and breaking his chests, and taking away 70 pounds in money; the Defendant pleading, Not guilty, the Jury …ound a speciall Verdict: that the Scots having entred the Bishopricke of Durham with an Army, and making great burning and spoyles, thereupon the Commonalty of Durham, whereof the Plantiffe was one, met together at Durham, and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made, and to performe what Ordinance they should make in that behalfe; and that thereupon they compounded with the Scots for 1600 Ma…kes. But because that was to be paid immediately, they all consented, that William Keylow the Defendant and others, should goe into every mans house to search what ready money was there, and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham: And that thereupon the Defendant did enter into the Plaintiffs house, and broke open the chest, and tooke the seventy pounds, which was paid accordingly towards that composition. And upon a Writ of Error in the Kings Bench, it was adjudged for the Defendant against the Plaintiffe, that the action did not lie, because he himselfe had agreed to this Ordinance, and was sworne to performe it, and that the Defendant did nothing but what he assented to by Oath; and therefore is accounted to doe nothing but by his consent, as a servant to him and the Commonalty of Durham; therefore he was no tresp…sser. Which case was agreed for good Law by all the Iudges, in the late Case of Ship-money argued in the Exchequer Chamber; though neither King nor Parliament consented to this Taxe or Composition.

p. 21This is the Parliaments present case in effect: The King having raised an Army of Papists, Delinquents, Forraigners, Irish Rebels, disaffected Persons, and actually invading the Kingdom and Parliament with it; Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions; For maintenance where of, they at first made use onelyonly of voluntary contributions and supplies; proceeding onelyonly from the liberality of some private persons, best affected to the publike service;May 5. 1641. Which being xehausted, the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken, and the Subjects likewise throwout the Realm, to maintain and defend, as farre as lawfully they might WITH THEIR LIVES, POWER AND ESTATES, The true Reformed Prote…tant R…ligion. &c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT, THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT, And every person that maketh this Protestation, in whatsoever he shall do in the lawfull pursuance of the sam, &c. as in the Protestation (made by both Houses consents when fullest:) And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament, for the necessary defence of the Realm, the Subjects, Parliaments Priviledges, Rights, and the Reformed Religion (all actually invaded, endangered) by an Ordinance of both Houses, without the Kings consent (then absent from, and in open hostilitie against them) impose a generall Assessement upon all the Subjects, NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES; And for non-payment prescribe a distresse, &c. Why, this Assessement in this case of necessitie, being thus made by assent of both Houses (and so of all the Kingdom in them) in pursuance of this Protestation, should not as legally, yea more justly oblige every particular subject, though the King assented not thereto, as well as that agreement of the men of Durham, did oblige them even in point of Law, Justice, Conscience, transcends my capacitie to apprehend: and if the first Case be Law, as all the Judges then, and of late affirmed, the latter questionlesse must be much more Legall, and without exceptions,aaCook 5. Report. fol. 62, 63. M. 32. and 33. Eliz. in the Kings Bench, in the Chamberlain of Londons case, it was adjudged, That an Ordinance made by the Common Councell of London only, that all Clothes should be brought to Blackwell-hall, to be there veiwed, searched, and measured, before they were sold, and that a penny should be paid for every Cloth for the Officer that did the same, and that six shillings eight pence should be forfeited for every Cloth, not brought thither and searched; was good to binde all within the Citie, and that an Action of Debt would lye at the Common Law, both for the duty, and forfeiture, because it was for the publike benefit of the City and Common-Wealth, bbCook 5. Report f 62.M. 38. Eliz. in the Common-Pleas, it was adjudged in Clerks Case; That an Ordinance made by assent of the Burgesses of Saint Albanes, whereof the Plaintiffe was one for ass…ssing of a certain summe of Money upon every Inhabitant, for the erecting of Courts there (the Terme being then adjourned thither from London, by reason of the Plague) with a penalty to be levyed, by distresse, for non-payment of this Tax, was good to bind… all the Inhabitants there, because it was for the publike good. ccCook 5 … fol 66 68.Mich. 31. p. 22and 32. Eliz. in the Kings Bench, William… Iefferies Case, and Pasch. 41. Eliz. Pagets Case, it was resolved; That the Church-Wardens with the greater part of the Parishioners assents, may lay a Taxe upon all the Parishioners, according to the quantitie of their Lands and Estates, or the number of Acres of Land they hold (the Taxe there was four pence an Acre for Marsh-Land, and two pence for Earable) for the necessary reparation of the Church; and that this shall binde all the Inhabitants, so as they may be Libelled against in the Spirituall Court for non-payment thereof, and no prohibition lieth. The like hath been resolved in sundry other Cases. And, by the Common-Law of England whereby the breach of ddRegister. fol. 127. Fitz. Natur. Breu. fol. 113. Cooke, l. 10. fol. 142.Sea-Walls, the Country is, or may be surrounded, every one who hath Lands within the levell or danger, which may have benefit, or losse, by the inundation, may and shall be enforced to contribute towards the repair, and making up of the Sea-walls, and a reasonable Tax assessed by a Iury, or the Major-part shall binde all the rest, because it is both for their own private, and the common good. If the Law be thus unquestionably adjudged in all these Cases, without the Kings assent, then much more must this Assessement imposed by both Houses be obligatory, in point of Law and Justice, though the King consented not thereto, since the Houses, and whole Kingdom consented to it, for their own defence and preservation.

Sixthly, This is a dutie inseparably incident by the Fundamentall Law, and originall compact of every Kingdom, Citie, Corporation, Company or Fraternitie of men in the World; that every Member of them should contribute proportionably upon all occasions (especially in Cases of imminent danger) toward the necessary charges, defence, and preservation of that Kingdom, Citie, Corporation, Company, or Fraternitie, of which he is a Member, without which contribution, they could be neither a Kingdom, Citie, Corporation, Company, Fraternitie, or have any continuance, or subsistence at all; Which Contributions are assessed by Parliaments in Kingdoms, by the Aldermen, or Common-Councell in Cities, by the Master and Assistants in Fraternities, and what the Major part concludes, still bindes the Residue, and the dissent of some (though the Major, or Master of the Company be one) shall be no obstacle to the rest. This all our Acts concerning Subsidies, Aydes, Tonnage and Poundage the daily practice and constant experience of every Kingdom, Citie, Corporation, Company, Fraternitie in the World, manifests past all contradictions; which being an indubitable veritie, I think no reasonable man can produce the least shadow of Law or Reason, why the Parliament representing the whole Body of the Kingdom, and being the supream Power, Counsell, in the Realm; bound both in Dutie and Conscience, to provide for its securitie, may not in this Case of extremitie legally impose this necessary Tax, for their own, the Kingdoms, Subjects, Laws, Religions preservations (of which they are the proper Judges, Gardians) and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike, who impose now farre greater Taxes on the Subjects, and plunder, spoyl, destroy them every where directly against the Law, of purpose to ruine both Parliament, Kingdom, Religion, Laws, Liberties, and Posteritie.

Seventhly, It is confessed by all, That if the King be an Infunt, Non-Compos p. 23absent in Forraign remote parts, or detained prisoner by an Enemy, that the Kingdom or Parliament in all such Cases, may without the Kings actuall, personall assent, create a Protector or Regent of their own Election, and not onelyonly make Laws, but grant Subsidies, impose Taxes, and raise Forces for the Kingdoms necessary defence, as sundry domestick and forraign Presidents in the preceding eePart. 1. p. 59 50. 99. 100, 101, 102 part. 2. p 98, &c Francis, Then his Catalogue of Protectors, in Holinshed, p. 1073 &cParts, and Appendix, evidence; AndffDe Iure Belli & Pa…is, l. 1. c. 3 nu. 24. p. 69. Hugo Grotius, ggVindiciae contr. Tyrannos, qu. 3, 4.Iunius Brutus, with other Lawyers acknowledge as a thing beyond all dispute. Nay, if the King be of full age, and within the Realm, if a forraign enemy come to invade it, and the King neglect or refuse to set out a Navy, or raise any Forces to resist them, The Lords and Commons in such a Case of extremitie may, (and are bound in Law and Conscience so to do) for their own, and the Kingdoms preservation, not onelyonly in and by Parliament, but without any Parliament at all (if it cannot be conveniently summoned) lawfully raise forces by Sea and Land, to encounter the Enemies, and impose Taxes and Contributions to this purpose on all the Subjects by common consent, with clauses of distresse and imprisonment in case of refusall, as I have elsewhere proved. And if in Case of invasion, even by the Common-Law of the Realm, any Captains or Souldiers may lawfully enter into another mans ground and there encamp, muster, or build Forts to resist the Enemy, or pull down the Suburbs of a Citie, to preserve the Citie it self, when in danger to be fired or assaulted by an Enemy, without the speciall consent of King, Parliament, or the Owners of the Lands, or Houses, without hh13. H 8. 16. 9. E. 4 35 … 8. E 4 23. Br. Cu…ome 145. Trespis 406. Dyer. 36.Trespasse or offence, because it is for the publike safetie, as our Law Books resolve; Then much more may both Houses of Parliament, when the King hath through the advice of ill Councellors wilfully deserted them, refused to return to them, and raised an Army of Papists and Malignants against them and the Realm (now miserably sacked and wasted by them, as bad as by any forraign Enemies) both take up Arms, raise an Army, and impose Assessements and Contributions by Ordinances, unanimously voted by them, against which no Lover of his Country, or Religion, no nor yet the greatest Royallist, or Malignant, can with the least shadow of Law or Reason, justly except.

Eightly, If they shall now demand what Presidents there are for this? I Answer: First, That the Parliament being the Soveraign Power and Counsell in the Realm, is not tyed to any Presidents, but hath power to make new Presidents, as well as new Laws, in new Cases and mischiefs; where there are no old Presidents, or vary from them though there be ancient ones, if better and fitter Presidents may be made; as every**Cook 4. Rep. f▪ 93, 94. Ash. Title sidents. Court of Justice likewise hath Power to give new Judgements, and make new Presidents in new Cases, and may sometimes swerve from old Presidents, where there were no ancient Presidents to guide them; even as Physitians invent new Medicines, Chyrurgions new Emplaisters for new Diseases, Ulcers, or where old Medicines and Balsomes, are inconvenient, or not so proper as new ones. And as men and women daily invent and use new Fashions at their pleasure, & Tradesmen new Manifactures without licence of King or a Parliament, because they deem them better or more comely then the old. Secondly, I might demand of them, by what old domestick lawfull Presidents, His Majestis departure from the Parliament, His Levying Warre against it, His p. 24proclaiming many Members of it,llSee the Remonstrance of the rise and progresse of the Irish Rebellion and Romes Master-peece. Traytors, and now all of them Traytors and no Parliament; His unvoting of their Votes in Parliament, out of Parliament; His imposing of Taxes and Contributions in all Countries where His Forces are, beyond mens estates, and annuall revenues; His burning, sacking, pillaging, murdering, ruining, of His own Kingdom, Subjects, both by Sea and Land, and putting them out of His regall Protection; His raising of an A…my of English, Irish, Scottish, French, and Germane Papists to maintain and settle the Protestant Religion among us, (which they have plotted totally to extirpat; as appears by their proceedings in Ireland, England, and the late plot discovered among the Archbishops Papers) and the like, are warranted? (which questions I doubt would put them to a non-plus, and silence them for eternitie:) yet to satisfie their importunitie, and stop their clamorous mouthes; I shall furnish them in brief, with some Presidents in point in all States, and Kingdoms of note informer in latter times, and in our own Realm too; In all the civill warres between Kings and Subjects, in the Romane and Germane Empires, France, Spain, Aragon, Castile, Hungary, Bohemia, Poland, Denmark, Scotland, and other Kingdoms mentioned in the Appendix; They shall finde that the generall Assemblies of these States, Lords & Commons, without their Emperors or Kings assents, did both raise Forces, impose Taxes, yea, and seise on the Imperiall and Royall Revenues of the Crown to support their wars, against their Tyrannicall oppressing Princes. In**See Metranus and Grimst…ns generall History of the Netherlands. Flaunders heretofore, and the Low-Countries of Late yeers, th…y have constantly done the like; as their Excises long since imposed, and yet on foot by common consent (without the King of the Spains good liking) to preserve their Liberties, Religion, Estates, from the Spanish Tyranny, witnesse; which every one willingly at the very first imposition, and ever since hath readily submitted to, being for the publike preservation. The like hath been done in former ages, and within these five yeers in the Realm of Scotland; the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England, who have laid Taxes upon**See the Relation and proceedings of the Irish Assembly at Kilkenny. The Parliaments Remonstrance of the rise and progresse of the Irish Rebellion. all Ireland, and all the Romanists in England, for the maintenance of this present Rebellion; and yet neither King, nor his Counsell, nor Royallists, nor Malignants (for ought I can read or hear) have ever so much as once written or spoken one syllable against it, when as many large Declarations, Proclamations, Inhibitions in His Majestie…s Name, and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament, and the Levying, or paying thereof, strictly prohibited under pain of high Treason; such a grand difference is there now put by the Royall Court-partie (to the amazement of all intelligent men) between the Irish Rebels, (now the Kings best Subjects as it seems) who may do what they please without censure or restraint; and the English (now un-Parliamented (Parliament, though perpetuated by an Act of Parliament) who may do nothing for their own, or the Kingdoms safety, but it must be high Treason at the least O temporâ ô mores: Quis talia fando temp…ret a lachrymis? Adde to this,**See the Irish excise. That the Lords Iustices and Councell in Ireland, the twenty nine of Iune, 1643, have without authoriti… of Parliament or King, for their present necessary defence, against the Popish Rebels there, imposed an Excise upon most commodities in that Realm, here lately Printed; p. 25which no man can deem Illegall in this case of absolute necessitie. But to come close home unto our selves; who is there that knows ought in historie and policie, but must needs acknowledg…, That the Brittains and Saxons warres of this Realm, against their oppressing Kings, **See Part 1. p. 7, 8, 9 &c.Archigallo, Emerian, Vortig…rne, Sigebert, Osred, Ethelred, B…ornard, Leow…lfe, Edwine, (whom th…y deposed for their Tyranny and mis-Government;) That our Barons long-lasting bloody warres against King Iohn, Henry the third, Edward the second, Richard the second, and others fore-mentioned; were maintained by publike Assessements and Contributions made by common consent, even without a Parliament, and with the Revenues and Rents of the very Crown, which they seised on, as well as the Castles and Forts? This being a true rule in Law, Qui sintit commodum, sentir… debet & onus; All the Kingdom had the benefit, of regaining, preserving, establishing their Fundamentall Charters, Laws, Liberties, by those warres; therefore they deemed it just, that all should bear a share in the charge and burthen, by voluntary Assessements without King or Parliament.

During the absence of King Edward the third in France; The aa14 E 3▪ c. 20, 21. … rec. p. 2, 3, 4, 5.Lords and Commons in Parliament, for the defence of the Realm by Sea and Land, against forraign Enemi…s; granted an ayde of the ninth Sheaf, Lamb, and Fleece, besides many thousand Sacks of W…oll, and the ninth part of other mens Estates in Towns and Corporations, and disposed both of the Money and Militia of the Realm, for its defence, as you heard before: The like did they during the Minorities of King Henry the third, King Richard the second, and King Henry the sixth, as the premises evidence, without those Kings personall assents.bbMatthew Pa…is. p 952. 953. Speed. p. 636. Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans, and forraigners, to ayd his Brother, King Henry the third, against the Barons; thereupon, the Barons sent out a …leet to encounter them by Sea, and prepared a strong Army of Horse and Foot by Land, that if they prevailed against them at Sea, (which they fear…d not,) yet they might valiantly and constantly entertain and repulse them, on the shore and dry Land; which the King of Romans being informed off, disbanded his forces, and came over privat…ly with three Knights onelyonly attending him. This was done without the Kings assent, and yet at publike charge. When ccR…ge… H…veden, Annal. part. past, p. 726. Dunial. p. 121.King Richard the first was taken prisoner by the Emperour in his return from the holy Land, by Authority of the Kings Mother, and the Kings Iustices alone (without a Parliament) it was decreed, that the fourth part of all that yeers Rents, and of all the moveables, as well of the Clergy, as of the Laity, and all the Woo…des of the Abbots of the Order of the Cistersians, and of Semphringham, and all the Gold and Silv…r Chalices, and Treasure of all Churches should be paid in, toward the freeing and ransome of the King; which was done accordingly. If such a taxe might be imposed by the Queen Mother, and Justices onelyonly, without a Parliament, for ransoming the King alone from imprisonment, may not a taxe of the twentieth part onelyonly of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King, for the defence and perservation, both of the Parliament and Kingdom to, when hostily invaded by the King?

In few words, the King and his Councell, yea his very Commanders▪ p. 26(without his speciall Commission or advice) have in many Countries imposed large monethly, weekly Contributions and Assessements on the People, beyond their abilities and estates; yea, upon the very Speaker and Members of the Commons, and Lords House, (notwithstanding their Priviledges of Parliament, which they say they will maintain) to the utter impoverishing, and ruining of the Country; yea, they have burned, sacked, plundered, many whole Towns, Cities, Counties, and spoiled thousands of all they have, contrary to their very Promises, Articles, Agreements, which they never faithfully observe to any in the least degree; and all this to ruine the Kingdom, People, Parliament, and Religion; yet they justifie these their actions, and the Parliament, People, must not controule, nor deem them Traytors to their Country for it: And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King, for the Kingdoms, Religions, and Peoples defence and preservations, against their barbarous Taxes, Plunderings, and Devastations, then the King, or his Commanders, Souldiers play such Rex, and use such barbarous oppressions without, yea against the Parliaments Votes and consents? Let them therefore first cease their own most detestable unnaturall, inhumane practises, and extortions of this nature, and condemn themselves, or else for ever clear the Parliament, from this unjust Aspersion.

The last ObjectionObject. 7. against the Parliament is, That they have Illegally imprisoned, restrained, plundered some Malignants, and removed them from their habitations, against Magna Charta, the Fundamentall Laws forenamed, and the Liberty of the Subject, contrary to all Presidents in former Ages.

To which I answer, First,Answ. 1. That the Objectors and Kings party are farre more guilty of this crime, then the Parliament, or their Partisans, and therefore have no reason to object it, unlesse themselves were more innocent then they are.

Secondly, For the Parliaments imprisoning of men pretended to be against Magna Charta: I answer first, That the Parliament is not with in that or any other Law against imprisonments, as I have formerly cleered; Therefore is not obliged by it, nor can offend against it: Secondly, That it hath power to imprison, restrain the greatest Members of their own Houses **See Cromptons Iurisdiction of Courts, f. 7, 8, 9, 10. Hollinshead. p. 1584. Ferrers Cas…, Dyer. 275 39. E. 3. 7. 8. H. 4. 12, 13., though priviledged men, exmept from all other arrests; and publike persons representing those that sent them thither: Therefore much more may they imprison, or restrain, any other private persons, notwithstanding Magna Charta. And the Parliament being the supreamest Iudicaturo paramount all other Courts, their commitments can not be Legally questioned, determined, nor their prisoners released by Habeas Corpus, in or by any other inferior Court or Judicature whatsoever. 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men, in mischievous cases, where they could not be imprisoned by the Common Law, or any other Act before or since Magna Charta; and so against the seeming letter of that Law w^ch extends not to the Parliament; and what persons they may restrain, imprison by a new enacted Law, though not restrainable before by a Magna Charta, or the Common Law, without breach of either, they may whiles they sit, in case of publike danger, restrain, imprison, by their own Authoritie, without, p. 27or before a new Law enacted. In how many new Cases, by new Statutes made since Magna Charta, the Subjects may be lawfully imprisoned, both by Judges, Justices, Majors, Constable, and Inferiour Courts or Officers; whereas they could not be imprisoned by them, by the Common Law, before these Acts, without breach of Magna Charta, and violating the Subjects Liberties, you may read in the Table of Rastals Abridgements of Statutes, and in Ashes Tables. Title Imprisonment, and False-Imprisonment; Yea, by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary, cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts, perpetuall imprisonment, during life, is inflicted in some cases, for which no imprisonment at all could be prescribed before these Acts, and for crimes, for which the parties were not formerly punishable; yet for the publike weale, peace, safety, and prevention of private mischiefs, even against the Letter (as it were) of the great Charter the Parliament hath quite taken away all liberty, the benefit of the Common Law, and of Magna Charta it self, from parties convicted of such offences, during their naturall lives; and if they bring an Habeas Corpus in such cases, pretending their perpetuall imprisonment, and these latter Laws to be against Magna Charta, they shall notwithstanding be remanded and remain prisoners all their dayes, because the Parliament is above all Laws, Statutes, yea Magna Charta; and may deprive any Delinquents of the benefit of them, yea, alter or repeal them, for the common good, so farre as they see just cause; Though neither the ddFortescue, l. 1 c. 9, 10. 14, 15 Cromptons Iurisdict f. 14. 11 H. 4. f. 73. 76. Brooke Paerag. 15.King, nor his Counsell, nor Iudges, nor any Inferiour Officers, or Courts of Iustice, have any such transcendent power, but the Parliament alone, to which all men are parties, really present, and allowing all they do; and what all assent to, decree for the common good and safetie, must be submitted to by all particular persons, though never so mischievous to them; this being a Fundamentall Rule even in Law it selfeeLittleton and Cooke Institutes 1 H. 7. 15 a 17. b. 21 H. 7. 8. a., That the Law will rather suffer a private mischief, then a generall inconvenience. Seeing then the Parliament to prevent publike uproars, sedition, treachery, in or against the Kingdom, Cities, Houses, or Counties, where factious persons live, hath thought meet to restrain the most seditious Malignants, (especially these about London and Westminster where they sit) and to commit them to safe custody, till they receive some good assurance of their peaceable behaviour; they must patiently suffer their private restraints for the common safety, tranquility, till the danger be past, or themselves reformed; who if they reform not their own malignity, not the Parliaments cautelous severity, themselves must be blamed, since they detain themselves prisoners only by not conforming, when as the Parliament desires rather to release, then restrain them, if they would be regular; and so they must blame themselves alone, not clamour against the Houses. All Leprous persons by theffLevit. 13. & 14.Lev 13 Leviticall andggRegister. par. 1. f 267. Fitz. Nat. Bre. f 234. Common Law, were to be sequestred and shut up from others, least they should infect them; and so all persons visited with the Plague by late hh1 Iac. c 31.Statute Laws may be shut up, without breach of Magna Charta. Why then not Malignant, seditious ill affected persons, who infect others in these times of Commotion and Civill Warres, as well as Leapers and Plague sick persons, removed into Pest-houses, for fear of spreading the Infection upon the self-same grounds, by the Houses Authority? The Parliament p. 28by an Ordinance, Act, or Sentence, hath Power to banish men out of the Kingdom in some cases (which no other Court, nor the hhSee Magna Char c 29. Cookes 1 …titute… on L…-leton. f …33 a. b Cook. Ibid.King himself can lawfully d…, as was expresly resolved in Parliament, upon the making of the S…atute of 35. Eliz. cap. 1.) as is evident by the case of Thomas of Weyland, An. 9. E. 1; Of iiSee Wa…lsing. Da…d, S…eed, … …n, in the 6. & 7, E 2. h… rec. p 1 p 20. 21, 22. Ex…lium …ugoas …. 15 E. 2. 1 E. 3. cap 2. … …a…sing. hist. Ang. …366 …podig. Neust. p. …2. Hol…ng p. 328. Speed, p. 674Peirce Gav…ston and the two Spencers in King Edward the second his raign. Of the Lord kk10. E 3… 53. Cocks Instit. f. 132 …Maltravers in Edward the third his raign; OfllWalsingham, Speed, Grafton, Trussel H…ling. in 10 and 11 R. 2. 1 H. 4 6 1. b. … H. 4 6 7. a. 31 E. 1. C…i invita 31 Belknap and divers, over Iudges in the 10 and 11 y…ers of Richard 2. his reign, by the Statutes of 33. El. c. 1. Separatists, and of 39. El. c. 5. Rogues are to be banished: and in mmRegist fol. 312. b Cooks. Instit. f 133.Calice heretofo…, a woman might be justly banished the Town for adultery; and a scould at this day after three convictions is to be banished out of Westminster, and rowed over the Thames from thence thorough the water at the tayl of a Boat, for the quiet of the City. Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harme, till the warres and troubles be ended, or themselves reclaimed. Fifthly, By the mmRegist fol. 312. b Cooks. instit s 133.Common and Staetute Law of the Realm, yea by nnSee Part. 2 p. 16 …7. Fitz. Ayde l… Rey. 43 65 57. 70 71. 76. 93. 98 1. H. 5. c 7 7. H 7. c. 6. 2. & 3. Ph. & Mar. c. 1. (See 4. Iac. c. 1.)Mark 1Jas 1Magna Charta it self, cap. 30. the Lands, Rents, Goods, and Persons of Priors, and other aliens, Merchants, or others, residing in England may be, and have been usually seized on, and s…cured, or else their persons banished the Realm, and lorders of England, during the warres with others of that Nation, least they should assist them in the warres with their Estates, persons, or intelligences, or betray the Kingdom, or places where they resided to the Enemy; And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7, 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish, Brittains, Welshmen, and Scots, because we had frequent Warre… with them, were not permitted to purchase either Houses or Lands, or to remain in any Fort, Town, or City, neer the Borders of Scotland, or W…l…s, but banished thence, and their Goods. and persons, seised on in times of warre, to prevent tr…achery, intelligence, and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms, (as well as in England,) …y the very Law of Nations, as just and necessary in times of warres; as Martinus Laudensis de Repraesaliis & de Bello, Henricus Ranzovius his Commentarius Bellicus, Geergius Obbr…ctus: Disput: Iuridica de Bello, Henricus Boe…rus de Iure Pr…gnae, Hugo Grotius, & Albericus Gentilis, in their Books de Iure Belli, and all Historians evidence: Therefore lawfull for the Parliament to practise at this present, as well as the King, or any others. Sixthly, In times of Forraign Invasions▪ the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Wal…s, to repair to their Houses and Lands ther…, with all their Families, for the d…fence and safetie of the Realm, under pain of imprisonment, and confi…cation of their Goods, and Revenues there, and elsewhere, as is evident by 13. E. 3. nu. 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the **35. Eliz c 2 3. Iac. c. 3, 4, 5.Jas 3:4Jas 3:5Statutes confining Papists, to their Houses, and sundry other Presidents. Therefore by like reason they may confine Malignants in times of warre, for the publike peace and safetie, and disarme them to for a time; a, Constables may by the Law, disarme and imprison peace-breakers, fray-makers, riotors, and others to prevent bloodshed, quarrels, and preserve the publike peace.

Thirdly, For the plundering of Malignants, and sequestring their Estates; I answer, that, I think the Parliament never yet approved the plundering (or in p. 29plain English, robbing) of any man, by any of their forces; they having plundered no places taken by assault, for ought I hear; though the Kings forces on the contrary, have miserably plundered all the Kingdom almost, (except the Papists who are most exempted from this rapine, and some few, chief Malignants,) yea, those very Persons, Souldiers, Cities, Towns, which by their very Articles of surrender, were not to be plundered; (witnesse, Taunton, Bridgewater, Bristol, Gainsbo…ow, where many have been pillaged to their naked skins, notwithstanding their Ariticles of agreement, solemnely sworn, to depart quietly with bag and baggage, without interruption, and the Towns to be free from plunder) contraty to the very**Alber. Gent. de Iure Belli, l. 3. and Hugo Grotius, de Iure B…li. l 3 cap 9. 10. 11. &c. Law of warre, and Arms; which may instruct all others not to trust them henceforth. If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons, more then by seising, of their Arms, distraining their Goods for imposed Assessements; or sequestring their Plate, Moneyes, Estates, for the publike service upon promise of repayment and restitution; I know the Houses have publikely, by expresse Ordinances, inhibited, disavowed the fact, and exposed the disorderly Delinquents to condigne punishments, even to the losse of their lives, if any please to prosecute them by way of inditement or Martiall Law. For my part I abhorre all violence, plunder, rapine, and disorders in Souldiers, as contrary to the Law of God, Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice, as offenders against the ooSee Albericus Gentilis, de lur… Belli, l. 2. c 16. 2. 3. l. 3. c. 2 & 19. Hugo Gretius, de Iure Belli, l. 3. c. 11. to 23.Law of Nature, of Nations, of the Land, yea, of Warre it self: But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers, which they prohibit, detest, censure; more then the King with all the barbarous rapes, murthers, cruelties, rapines, and monstrous insolencies, which his Cavaliers every where perpetrate without punishment or restraint; especially the blood-thirsty Irish Popish Rebels among them: who having shed so much English Protestants blood in Ireland, ere they came over hither, of which they vaunt, is such an high dishonour to God, and the English Nation, if their own blood be not shed for it by the hand of vengeance here; that I wonder with what face or spirit, His Maj…stie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud, or breath in English ayre, who have cut the throats of so many thousand innocent English, both here and elsewhere, and are like to cut all our throats ere long (as they have designed) unlesse their throats be first cut by us. But yet for the plundering of such Malignants goods, and houses, who are opposite to the whole Kingdom and Parliament, and will not joyn with them in the common cause, which concerns us all; as it hath sundryppSee Part. 1. p 22. Part. 2. p. 18, 19, 0 Fabian. part. 7. p. 78 92. patterns in the Barons Warres, against the Poictovines and their faction, in Henry the third his raign, and after wards against the Spensers, in Edward the second dayes formerly touched; so it hath one observeable generall resolution of the whole body of the Lords and Commons, warranting it in King Iohns raign, even then when they all took up Armes to enforce him to confirm the great Charter it self, which our Opposites cry out to be violated by the Parliaments moderate s…isures, onelyonly by way of distresse or sequestration:qqMatth. Paris, Hist. p. 243. to 255. Daniel p. 142, 143, 144. Part. 1. p 9, 10. For the Barons, Knights, and Commons, p. 30with their whole Army being met together in London, which joyned with them to gain this Charter from the King; sent from thence Letters to all the Earls, Barons and Knights throughout England, who seemed (though but fainedly) to adhere to the King, exhorting them with this Commination; That as they loved the indemnitie of their Goods, and possessions, they should desert a perjured King, and adhearing faithfully to them, should with them inviolably stand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, th…y would with force of Arms, and Banners displayed, MARCH AGAINST THEM AS PUBLIKE ENEMIES, SUBVERT THEIR CASTLES, BURN THEIR HOUSES AND EDIFICES, AND NOT CEASE TO DESTROY THEIR PONDS, PARKES, AND ORCHARDS. Whereupon all the Lords, Knights, and People, deserting the King, who had scarce seven Knights i… all left with him, confederated themselves to the Barons in the Common Cause. (wherein to be a Neuter, was to be an enemy, and no member of the politicke body, in which all were equally engaged.) Whereupon the King thus deserted by all condescended speedily to their demands, and confirmed the great Charter much against his will. A very apt President for these times, which would make the people more unanimous, faithfull, and couragious for the Common Cause, if but imitated in the commination onelyonly, though never put into actuall execution; he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom, who will not joyn with the Parliament and Kingdom, to defend his Libertie, and the Kingdoms priviledges, in which he hath as great a common share, as those who stand, pay, and fight most for them. It is a good Cause rrCook 11 Repub. f 97, 98, 99 Iames Bagges Case.of disfranchising any man out of any Citie, Corporation or Company, and to deprive him of the Priviledges of them, if he refuse to contribute towards the common support, defence, or maintenance of them, or joyn in open hostilitie, contributions or suites against them. There is the same and greater reason of the generall Citie and Corporation of the whole Realm, to which we are all most engaged; and therefore those who refuse to contribute towards the defence and preservation of it, if able; or by their persons, purses, intelligence, or counsell, give any assistance to the common enemy against it, deserve to be disfranchised out of it, to have no priviledge or protection by it, and to be proceeded against as utter enemies to it, Christs rule being here most true,ssMatth 12. 30.Matt 12:30 He that is not with me, is against me; and he that gathereth not with me, scatter…th abroad. The ttCiero de Officiis, l 1, 2. Aristot, Polit. l. 1.Common-wealth of which we are members, hath by way of originall contract for mutuall assistance and defence (seconded by the late Protestation and Covenant) a greater interest in our Persons, and Estates, then we our selves, or the King; and if we refuse to ayd the republike, of which we are members in times of common danger, with our Persons, Abilities, Goods; or assist the common enemy with either of them; we thereby betray our trust and fidelitie, violate our Covenants to the Republike, and expose our bodies to restraint, our estates to confiscation, for this most unnaturall treachery, and sordid nigguardlinesse (as well as for Treason, Fellony, or other more petty injuries against the State, or humane societie, made capitall by the Laws) most justly, for the p. 31publike service of the State, which hath a generall Soveraign Interest in them in all times of need, paramount our private Rights, which must alwayes submit to the publike: and lose all our formerly enjoyed Priviledges, either of Laws, Liberties, or free-born Subjects, if we refuse to defend, or endeavour to betray them, as the Laws and common practise of all Nations evidence. In the uuSee Part. 2. p. 16. to 24.Barons warres against King Iohn, Henry the third, and Edward the second, in defence of their Liberties, and Laws, they seised upon the Castles, Forts, and Revenues of the Crown, and upon the Moneyes, and Goods of the xxFabian. part. 7. p 78.Priors aliens, and malignant Poictovines, which they imployed in the Kingdoms service yyMatth. Paris p 943.Eodem tempore Castellanus de Dovera, Richardus de Gray, vir fidelis & strenuus, qui ex parte Baronum ibidem constituebatur, omnes transeuntes & transituros, diligenter considerabat, cuncta prudenter perscrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictaviensibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THE SAURUS MAXIMUS, de cujus quantitate audientes mirabantur, quem reposuerunt Pictavienses memorati, licet contradicentes reniterenter Hospitelarii, CAPTUS cst; AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS, writes Rishanger the continuer of Matthew Paris; a good President for the present times: After which thezzMatth. Par… hist. Angl p. 959. Graston, p. 140, 141. Barons banished all the Poictovine Malignants, who miscounselled and adhered to the King, out of England, Anno 1260; who Anno 1261. were all banished out of London, and other Cities, and Forts. **Matth. Paris, hist. Angl. p 380.An. 1234. The Earl Marshall having routed John of Monmouth his forces (which assisted King Henry the third against the Barons) in Wales, he wasted all the said Johns Villages and Edifices, and all things that were his, with sword and fire, and so of a rich man, made him poor and indigent. In the very Christmas holy-dayes, there was a grievous warre kindled against the King and his evill Counsellors. For Richard Suard conjoyning other Exiles to him, entred the Lands of Richard Earl of Cornwall, the Kings brother, lying not farre from Behull, and burned them, together with the Houses, and the Corn…, the Oxen in the Ox-stalls, the Horses in the stables, the Sheep in the Sheep-cots: they likewise burned Segrave the native soly of Stephen, Iusticiar of England, with very sumptuous Houses, Oxen, and Corne; and likewise brought away many horses of great price, returning thence with spoils, and other things. They likewise burned down a certain village of the Bishop of Winchesters, not farre from thence, and took away the spoils, with other things there found. But the foresaid Warriers had constituted this laudable generall rule among themselves, that they would do no harme to any one, nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING▪ by whom they were banished; and those things that were theirs, they burnt with fire, extirpating their Woods, Orchards, and such like by the very Roots. This they did then de facto;**See 2. R. 2 c. 7. 1. H. 5. c. 6. 2. H. 5. c. 8. de Jure, I dare not approve it, though in Cases of Attaint and Felony, the very Common Law to terrifie others, gives sentence against perjured Juries, Traytors, and Felons, in some Cases, that their houses shall be raced to the ground, their Woods, Parkes, Orchards, Ponds, cut down p. 32and destroyed; their **A 4. Ass. 2 6. …ss. 7. 30. Ass. 24 50. Ass 4. 6. E. 4. 5. Fitz. A…taint. 14.Meadowes, and Pastures, plowed up and defaced, though not so great Enemi…s to the State, as evill Counsellors. **Matth. Paris, p. 961.Anno 1264. the forty eight yeers of Henry the third his raign; The King keeping his Christmas with the Queen, Richard King of Romans, and many others at London, Simon Montford the Captain of the Barons at the same time, preyed upon the Goods of these who adheared to the King, and especially those of the Queens retinue, brought by her into England, whom they called Aliens. Among others, some of the Barons forces took Peter, a Burgundian, Bishop of Hereford, in his Cathedrall Church, and led him prisoner to the Castle of Ordeley, and divided his treasure between themselves; and took divers others of the Kings partie prisoners. Who thereupon fearing least he should be besieged in the Tower by the Barons army, by the mediation of timorous men, be made peace with the Barons for a time; promising inviolably to observe the Provisions of Oxford, that all the Kings Castles thoroughout England, should be delivered into the custody of the Barons; that all Aliens within a certain time should void the Realm, except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom, and that faithfull and profitable natives of the Realm, should thenceforth dispose of the affairs of the Kingdoms under the King. But THE QUEEN instigated with foeminine malice, contradicted it all she could, wh…ch made the people revile, and cast dirt and stones at her, as she was going to Windsore, enforcing her to retire again to the Tower. How William Long shamp Bishop of Ely, Lord Chancellour of England, Earl Iohn, and others, when they disturbed the peace of the Realm, and turned Malignants, were apprehended, besieged, imprisoned, excommunicated, and their Goods, and Castles, seised on by the Lords and Commons, out of Parliament, yea, during the time of King Richard the first his absence and captivitie, you may read at large in **Annal. pars …osterior p. 702. 703. 705 706. 734 735.Roger de Hovedon,**In the life of Richard the first. Holinshed, Daniel, and others. Why then the Lords and Commons in Parliament may not now much more do the like, …or their own, and the whole Kingdoms safety, I can yet discern no shadow of reason. I will not trouble you with Histories, shewing what violent unlawfull courses, Kings and People have sometimes used to raise moneyes in times of warre, by sacriledge, rapine, and all manner of indirect means; I rather wish those Presidents, and their occasions, buried in eternall silence, then reduced into practise; and verily perswade my self, that every ingenuous true born Englishman, who hears a reall naturall affection to his Countrey, or a Christian love to his Brethren, the Parliament, and Religion, will according to his bounden duety, the Protestation, and Covenant which he hath taken, rather freely contribute his whole estate, if need so require, towards the just defence of his Countrey, Libertie, Religion, and the Parliament, against the treacherous Conspiracies of the Pope, Jesuites, forraign Catholikes, Irish Rebels, English Papists, and Malignants, who have plotted their subvertions, then repine at, or neglect to pay any moderate Taxes, which the Parliament shall impose, or inforce the Houses to any extraordinary wayes of Levying Moneyes, for want of ordinary voluntary supplyes, to maintain these necessary defensive warres.

I shall close up all in a few words. The Parliament hath much against their wills, been inforced to this present defensive warre, which they have a most just, and lawfull p. 33power to wage and manage (as I have **See Part 2. and 3.elsewhere evidenced) by the Fundamentall Laws of the Realm, yea, by the Law of God, of Nature, of Nations

This warre cannot be maintained without Moneyes, the sinews of it; wherefore when voluntary contributions fail, the Houses may by the same Laws which enabled them to raise an Army without the King, impose necessary Taxes for the maintaining of it, during the warres continuance, else their Legall power to raise an Army for the Kingdoms defence, would be fruitlesse, if they might not Levy Moneyes, to recrute and maintain their Army, when raised: which Taxes if any refuse to pay, they may for this contempt, be justly imprisoned, as in cases of other Sud…idies; and if any unnaturally warre against their Countrey, or by way of intelligence, advise, or contribution, assist the common Enemy, or s…duce, or withdraw others (by a factious slanderous speeches against the Power and Proceedings of the Parliament,) from assisting the Parliament in this kinde, they may for such misdemeanours (upon conviction) be justly censured, confined, secured, and their estates sequestred, rather then the Republike, Parliament, Religion, or whole Kingdom should miscarry: It is better that one should perish, then all the Nation; being the voyce **John 11. 50, 51. c 18. 14.John 11:50John 11:51of God, Nature, and resolution of all Laws, Nations, Republikes, whatsoever. If any hereticall, scismaticall, or vitious persons, which may poyson others with their pernicious false doctrin…s, or vitious wicked lives, appear in the Church, they may after admonition, if they repent not, yea, and de facto, are, or ought to be **1 Cor. 5. 1 Tim 1. 20. Fitzh …, Brook and Ash, Title Excommengment. Summa Angelica, Rosella and others, Tit. Excommunication.1 Cor 51 Tim 1:20excommunited, the Church, and societie of all faithfull Christians, so as none may, or ought to converse with them till their repentance. If this be good Law and Divinitie in the Church; the banishing and confining of pestilent Malignants in times of warre, and danger, must by the self-same reason be good Law and Divinitie in the State.

…I have now (by Gods assistance) notwithstanding all distracting Interruptions, Avocations, Remoraes incountring me in this service; ran through all Objections of moment, which the King, or any opposites to this Parliament, have hitherto made against their proceedings, or jurisdictions; and given such full answers to them, as shall, I trust, in the generall, abundantly clear the Parliaments Authoritie, Innocency, Integritie, against all their clamarous malignant Calumnies, convince their Judgements, satisfie their consciences, and put them to everlasting silence, if they will without prejudice or partialitie, seriously ponder all the premises, and ensuing Appendix, which I have added for their further satisfaction, information, conviction; and the confirmation of all forecited domestick Laws, Presidents, by forraign examples and authorities of all sorts. And if any shall yet continue obstinate and unresolved after so many convincing Reasons, Presidents, Authorities, or still retain an ill opinion of the Parliaments proceedings; I shall desire them onelyonly seriously to consider, the most execrable conspiracy of the Pope, Jesuites, and Popish party in all His Majesties three Realms to extirpate the Protestant Religion, subvert the Government, Parliament, and poyson the King himself, (if he condescend not to their desires, or crosse them in their purposes,) whom they have purposely engaged in these warres, still continued by them for this very end, to enforce the King to side with them, and so gain possession of his person, to accomplish p. 34this designe of theirs, (as is cleerly evidenced to all the world, by Romes Master-Peece, the English Pope, the Declaration of the Lords and Commons, concerning the Rise and Progresse of the Irish Rebellion,) and then advisedly to consider in what great present danger the Kingdom, King, Parliament, and Religion are, when the Popish Partie, and forces now in Arms have gained the Kings, Princes, and Duke of Yorkes persons into their custodie, the Cities of Chester, and of late Bristoll, the Keyes of England, with other Ports, to let in all the Irish Rebels upon us, to cut our throats in England, as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland, it being one part of their designe, now presently to be executed, as appears by sundry Examinations in the Irish Remonstrance; for which end, some thousands of Irish Rebels (who have all embrued their hands there in English bloud,) are already landed here, and are in great favour and command about the King; To which, if they adde the omnipotent over-ruling power of the Queen (the Head of that partie) with the King, and his Councell, in disposing all Officers, all places of command and trust under him: The Confederacie and Contributions of forraign Popish States, to maintain this warre to ruine the Parliament, Kingdom, Religion, and re-establish Popery in its universall extent; with the large of progresse the Papists have lately made in Ireland, Scotland, and England, to accomplish this their long-agitated Conspiracie; and the late strange proceedings in Ireland, where the best Protestants are displaced, disgraced, restrained; the Popish Rebels advanced, and a truce negotiated, if not fully concluded with the Rebels, to the end that all their forces may be speedily transported hither to ruine our Religion, and cut all our throats (enough to awake the most stupid English spirits, and rouze them, up to a speedy unanimous resolution to unite all their purses, and forces to the Parliament, against the Popish Conspirators, and these bloody Butchers now ready to devoure us:) and then I doubt not, if they have any true love to God, Religion, King, Countrey, themselves, or their Posterities, they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts, hands, forces, yea, their uttermost endeavours with them, to prevent and ward off that imminent destruction which now hangs over our heads, and will in short time wholly ruine us, if God open not our eyes, and unite not all our hearts and mindes unto the Parliament, with one unanimous resolution to oppose these cursed Confederates, who have plotted, occasioned all these warres and miseries, under which our Kingdomes now groan and languish; which long plotted Treacherie in humane probabilitie can no wayes be prevented, nor a settled peace, and Reformation established, but with the totall suppression of the Popish partie now in Arms, and by rescuing His Majesties person, Children, forces out of their Trayterly hands and power, whose death they have conspired long agoe, if he refuse to grant them an universall open toleration of their Antichristian Religion, in all His Kingdoms, and then to seise upon the Prince, and train him up in their Religion; which how easie it is for them to effect, now they have the King, Prince, Duke, the Kings Forts, his Forces in their power, yea potent Armies of their own in the field here, and such a p. 35force of Irish Rebels now ready to be shipped over to Chester, Milford, and Bristoll, for their assistance, and enfor…ement, to over-power the Protestant party in the Kings Armies, no understanding man can withou… fear and trembling, co…sider.

O then, if ever we will shew our selves faithfull, valiant, couragious, magnanimous, bountifull, really cordiall, and loyall to our King, Kingdoms, Countrey, Parliament, Religion, Laws, Lives, Liberties, Kinred, Families, Posterities; Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament, or any others; and now speedily unite all their Prayers, Hearts, Hands, Purses, Forces, Counsells, and utmost endeavours together, to defend, secure them all against these forraign and domestice Jesuiticall Romish Confederates; and if any prove traiterous, fearfull, cowardly, unfaithfull, base, or faint-hearted in this publike Cause, as too many, (who deserve to be made spectacles of treachery and cowardise to posteritie, and cannot without injustice or dishonour to the Parliament and Kingdom, be suffered to scape scot-free, without severe exemplary punishment,) have done, to their eternall infamy, and betraying of their Countrey; the present generations shall abhorre them, posteritie curse, and declaim against them, as most unnaturall Monsters, unworthy to breath in English ayre, or enjoy the name, the priviledges of English men, or Protestants. There is a double kinde of Treachery in Souldiers, both of them adjudged Capitall. The first proceeds from a sordid pusillanimous fear, unworthy the spirit of a Souldier: and this is Capitall, both by the Civil and Common Law. By the**D. L. omne delictum 6… s…ct. qui in acie Rebuff…sin L. liberorum sect. etenim. Henricus Bocerus, lib. 1. de Bello, cap. 13. p. 49, 50. Civill Law; The Souldiers who first begin to flye, or but fain themselves sick, for fear of the Enemy, are to be adjudged to death for t…is their cowardize. Yea Lacaena and Dametria, two magnanimous Women, slew their timorous sonnes, who fled basely from the battle, with their own bands, disclaiming them as degenerous Brats, and not their sonnes; the latter of them inscribing this Epitaph on her sonnes Tombe.

Hunc timidum Mater Dametriam ipsa peremit,

Nec dignum Matre, nec Lacedaemonium.

Indeed**Diodorus Sic…dus Bibl. hist. l. 12. sect. 15, 16. p… 420. Charondas and the Thurians, enacted, That cowards who basely fled or refused to bear Arms for their Countries defence, should set three dayes one after another in the open Market-place, clad in Womans apparell; (a pun…shment farre worse then death it self, writes Diodorus Siculus) where as all other Lawyers made it Capitall; yea, our **See Her… part. 2. p. 24.Common Law adjudgeth it Treason: Witnesse the notable Cases of G…mines and Weston, 1. R. 2. num. 38, 39. who were adjudged Traytors in Parliament for surrendering two Castles in France, onelyonly out of fear, when they were strongly besieged, and battered, sooner then they needed, without any compliency with the enemy: The Case of**Walsingham. hist. Angl. pag. 337. Iohn Walsh Esquire, accused of high Treason in Parliament against the King and Kingdom, for yeelding up the Castle of Cherburg in France, to the enemy, when as be might have defended it. And the Case of**Dani…ls hist. p. 81. Henry Earl of Essex, in the second yeer of Henry the second, accused of high Treason, by Robert de Monfort, and vanquished by him in a Duell, waged thereupon; for throwing down the Kings Standard (which he bare by inheritance) and flying, in passing a straight, among the Mountains, when fiercely encountred by the Welsh. For p. 36which, though his life was pardoned, yet he was adjudged to be shorne a Monke, put into the Abbey of Reading, and had his Lands seised into the Kings hands. And as for**D. l. 3. sect, is qui ad hostem. Henricus B…ce…us de Bello. l. 1. c. 13. p. 48. treacherous revolting to, or delivering up Castles to the Enemy, it is Capitall, and high Treason by all Laws, and so the resolved in Parliament, 3. R. 2. in the Case of **Walsingham. bist. Angl. p. 245, 246. See Rastall. Captains and Souldiers. Cook 6. Rep. f. 27.Thomas Ketrinton Esquire, accused of high Treâson by Sir John Ann…sley Knight, for delivering up the Castle of Saint Saviour in the Isle of Constantine, to the French, for a great summe of Money, when as he neither wanted provisions, nor means to defend it. As for those unnaturall Vipers, and Traytors, who shall henceforth (after this discovery) joyn with the Popish Conspirators, to ruine their Religion, Countrey, and the Parliament, for private ends, as**The generall History of Spain, l. 5. p. 153, 154. Count Iulian the Spaniard joyned with the Mores, An. Dom. 713. whom he brought into Spain, his native Countrey, furiously pursuing his own private injury with the Ruine of the publike. I shall onelyonly bestow his Epitaph upon them, with which I shall conclude this Treatise. Maledictus furor impius Iuliani, quia pertinax; & indignatio, quia dura: vesanus furià, ammimosus furore, oblitus fidelitatis, immemor religionis, contemptor divinitatis, crudelis in se, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amarescit, & nomen …jus in …ternum pu…r…scet.

FINIS.