The Sovereign Power of Parliaments Part 4, Treatise · Part 2

The Sovereign Power of Parliaments Part 4 · Treatise · Part 2

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: party 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 ſave their Purſes, 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 againſt the Parliaments proceedings is, Object. 6.That both Houſes,See the Kings Declarations and Proclamations againſt this and other Aſſeſſements. without the Kings Royall Aſſent, have contrary to Magna Charta, the Petition of Right, the Statues 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 juſtice.

This Objection ſeems very plauſible and cordiall to covetous Earth-worms,Anſwer. 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, as to the Parliament, and recoyle with infinite diſadvantage on thoſe that make it.

p. 15Firſt then I anſwer, That the Parliament is the abſolute Soveraigne power within the Realme, not ſubject to, or obliged 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,See Sir Edward Cookes inſtitut. on Mag. Charta, and theſe Laws Articuli ſuper Chartas, Confirmatio Chartarum, part. 1. impoſitions, impriſonments, and oppreſſions of the Subject by the King, his Officers, Judges, and inferiour Courts of Juſtice, as all our Hiſtories, with the Prefaces and words of the Acts themſelves atteſt; to redreſſe which grievances alone theſe Lawes were made by the Parliaments and peoples earneſt ſolicitations, much againſt the Kings good will. The Parliament then (who would never ſolicit the making of a Law againſt, or to reſtrain it ſelfe) being cleare out of the originall ground and miſchiefe of enacting theſe Lawes, and the King, with his Miniſters, and inferiour Courts only within them; they can no way extend to the Parliament, but to them alone.

3. The Parliament, ever ſince the making of theſe Acts, hath alwayes conſtantly enjoyed an abſolute right and power, without the leaſt diſpute, of granting and impoſing on the Subjects 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 Taxes, 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 reſtrained 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: Nor 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,Raſtall Accuſation 5, 6, 7, 8. his Officers, Councellours, and Cavalliers proceedings of this nature are cleerly moſt direct violations of this Law. 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, Judges, Juſtices, Officers, and inferiour Courts of Juſtice, 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,Raſtall Tenths, Taxes, &c. 1. 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 * 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 Prelatos, 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, Woollfels, or Leather, oth…r 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, Aide, 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 they 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,Object. will Royalliſts and Malignants anſwer (who have no other evaſion left but this) If the King were preſent in Parliament, 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 Aſſeſſments 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 ſpeciall 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 tortious act of his (paralleld in no age) ſhould nullifie the Parliament, or any way invalid its Impoſitions 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 Aſſeſſements, p. 18Taxes, Subſidies, 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 in 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 chattels, &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 poore 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. Carc. 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 Peeres 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:**See Raſtall. Taxes, &c. throughout. 1. An abſolute right and power to grant or deny Taxes, Subſidies, aydes and aſſiſtance as they ſaw occaſion. 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 promiſing 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 oathes 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 failed 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, Grafton, 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 Jac. 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 grant them.

Fourthly, this is further evidenced, by the Kings uſuall anſwer and aſſent unto ſuch Bills as theſe:**Mr. Hackwels mannor of paſſing Bils, ſect. 8. p. 78. Le Roy remercy ſes Loaulx Subjects accept LOUR BENEVOLENCE, & auxy le veult; 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 aſſeſſement 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, licitum 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. 17.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. Kitchin. 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 impoſitions 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 extremity. This I ſhall further cleare by ſome ancient and late judgements in point.

Mich. 14 Ed. 2. rot. 60. in the Kings Bench William Heyborne 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, Nor guilty, the Jury found 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 Markes. 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 treſpaſſer. Which caſe was agreed for good Law by all the Judges, in the late Caſe of Ship-money argued in the Exchequor 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 whereof, they at firſt made uſe onelyonly of voluntary contributions and ſupplies; proceeding onelyonly from the liberality of ſome private perſons, May 5. 1641.beſt affected to the publike ſervice; Which being xehauſted, The Lords and Commons conſidering what a ſol…mne 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 Proteſtant Religion, &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 o…lige 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, ſearche…, 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 aſſert of the Burgeſſes of Saint Albanes, whereof the Plaintiffe was one, for aſſeſſing of a certain ſumme of Money upon every Inhabitant, for the erecting of Courts there (the Term being then adjourned thither from London, by reaſon of the Plague) with a p…nalty to be…l…yed, by diſtreſſe, for non-payment of this Tax, was good to binde all the Inhabitants there, becauſe it was for the publike good.cc… Mich. 31. p. 22and 32. Eliz. in the Kings Bench, William Jefferies 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 where by the breach ofddRegiſter. fol. 127. Fitz. Natur. Br…u. 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 Jury, 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 Infant, 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. 5…. 50. 99. 100, 101, 102 part. 2. p 98, &c. Francis, Then his Catalogue of Protectors, in Holinſhed, p. 1073 &c.Parts, and Appendix, evidence; AndffDe Iure Belli & Pacis, l. 1. c. 3 nu. 24. p. 69. Hugo Grotius, ggVindiciae contr. Tyrannos, qu. 3, 4.Junius 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 b. 8. E. 4 23. Br. Cuſtome 145. Trespaſ 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 ſi…nts. 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 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 Majeſties departure from the Parliament, His Levying Warre againſt it, His p. 24proclaiming many Members of it,iiSee 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 Army 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 in former, 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 M…tranus and Grimſtons 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 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 read…ly 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 Iri…h Aſſembly at Kilk…y 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 Declaration; Proclamations, Inhibitions in His Majeſties 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 Courtpartie (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 … fando temp ret a lachrymis? Adde to this,**See the Iriſh exciſe. That the Lords Juſtices and Councell in Ireland, the twenty nine of June, 1643. have without authoritie 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 acknowledge, That the Brittains and Saxons warres of this Realm, againſt their oppreſſing Kings, **See Part. 1. p. 7, 8, 9 &c.Archigallo, Emerian, Vortigerne, Sigeb…rt, Oſred, Ethelred, Beornard, Leowulfe, Edwine, (whom they depoſed for their Tyranny and miſ-Government;) That our Barons long-laſting bloody warres againſt King John, 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 ſentit commodum, ſentire 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; Theaa14 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 Enemies; granted an ayde of the ninth Sheaf, Lamb, and Fleece, beſides many thouſand Sacks of Wooll, 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 Paris. 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 fleet 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 feared 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 privately with three Knights onelyonly attending him. This was done without the Kings aſſent, and yet at publike charge. When ccReges Hoveden, Annal par… poſt, p. 726. D… nial. p. 121.King Richard the firſt was tak…n particular by the Emperour in his return from the holy Land, by Authority of the Kings Mother, and the Kings Juſtices 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 Woolles of the Abbots of the Order of the Ciſterſians, and of Semphringham, and all the Gold and Silver 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 Objection againſt the Parliament is,Object. 7. 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,Anſw. 1. Firſt, 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 Judicaturo paramount all other Courts, their commitments can not be Legally queſtioned, determined, nor their priſoners releaſed by Habcas 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 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. E. 6. cap. 1. 1. Eliz. cap. 2. with other 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.King, nor his Counſell, nor Judges, nor any Inferiour Officers, or Courts of Juſtice, 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,Brooke Poerag. 15. 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 M…gna … c 29. … Cook Ibid.King himſelf can lawfully d…, as was expreſly re…olved 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. 19. E. 1; Of iiS…e W…lſi…g … in the 6. & 7. E. 2. … 1. p 20. 21, 22. … E. 3. cap 2. Walſi…g. hiſt. … Speed, p. 674P…irce Gavaſton and the two Spencers in King Haward the ſecond his raign. Of the Lord kk10. E 3 53. Cooks Inſtit. f. ….Maltrav…rs in Edward the third his raign; Ofll… Speed, Grafton, … in 10 and 11 R. 2. 1 H. 4 1. b. 2 H 4 7. a. 31 … B…lknap and divers, over Judges in the 10 and 11 y…ers of Richard 2. his reign, by the Statutes of 33. El. c. 1. S…paratiſt…, … 39. El. c. 5. R…gues are to be baniſhed: and in mmRegiſt fol. 312. b Cooks. … f. 123.Calice heretofore, a woman might be justly baniſhed the Town for adult…ry; and a ſcould at this day after three convictions is to be baniſhed out of Weſtminſter, and rowed ov…r 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 …e juſtly reſtrained to ſome ſafe places where they may do no harme, till the warres and troubles be ended, or themſelves re…laimed. Fifthly, By the nn…Common and Statute Law of the Realm, yea by nn…Magna 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 or, and ſ…cured, or elſe their perſons baniſhed the Realm, and borders of England, during the warres with others of that Nation, l…aſt they ſhould aſſiſt them in the warres with their Eſtates, perſons, or intelligences, or betray the Kingdom, or pl…ces 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 treachery, intelligence, and aſſiſtance of the Enemy. A thing generally practiſed and warranted in all States and Kingdoms, (as well as in England,) by the very Law of Nations, as juſt and neceſſa…y in times of warres; as Martinus Laudenſis de R…praeſaliis & de Bello, Henricus Ranzovius his Commentarius Bellicu…, Ge…rgius Obbrectus: Diſput: Juridca de Bell…, Henri…us Boc…rus de Jure Pr…gnae▪ Hung… Grotius, & Albericus Gentilis, in their Books de Jure 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 Wales, to repair to their Houſes and Lands there, with all their Families, for the defence and ſaf…tie of the Realm, under pain of impriſonment, and confiſcation 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. …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. The…efore 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, Gainsborow, 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 Gro…ius, de Iure B…l…i. 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 ſeifing 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 Albericu… Gentilis, de Iure Belli, l. 2. c. 16. 2. 3. l. 3. c. 2. & 19. Hugo Grotius, 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 Majeſtie or any Engliſh Proteſtant can patiently ſuffer theſe Iriſh Rebels to ſhed any more Proteſtant Engliſh bloud, 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 Fa…ia…. part. 7. p. 78 92. patterns in the Barons Warres, againſt the Poictovines and their faction, in Henry the third his raign, and afterwards 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 Johns 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 ſeiſures, 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 m…t t…gether 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, th…y ſhould d…ſert a perjured King, and adhearing faithfully to them, ſhould with them inviol…bly ſtand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, thy would with force of Arms, and Banners diſſlayed, 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, d…ſerting the King, who had ſcarce ſeven Knights in 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, ſcattereth abroad. The tt…iero de Offic…, l 1, 2 Ariſtot. Poli…. 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 conſiſcation, 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 John, 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 prud…nter perſcrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictavienſibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THESAURUS MAXIMUS, de cujus quantitate audientes mirabantur quem repoſureunt Pictavienſes memorati, licet contradicentes reniterenter Hoſpitelarii, CAPTUS eſt; 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. Gra…on, 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 ba…iſhed 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 Corne, the Oxen in the Ox-ſtalls, the Horſes in the Stables, the Sheep in the Sheep-cots: they likewiſe burned Segrave the native ſoyl of Stephen, Juſticiar 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 **4. Aſſ. 2 6. Aſſ. 7. 30. Aſſ. 24 50. Aſſ 4. 6 E 4. 5. Fitz. Attaint. 14.Meadowes, and Paſtures, plowed up and defaced, though not ſo great Enemies 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, he 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, which 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 Longſhamp Biſhop of Ely, Lord Chancellour of England, Earl John, 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, one 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 … the firſt. Holinſhed, Daniel, and others. Why then the Lords and Commons in Parliament may not now much more do the like, for 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 bears 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 Sudſidies; and if any unnaturally warre againſt their Countrey, or by way of intelligence, adviſe, or contribution, aſſiſt the common Enemy, or ſeduce, or withdraw others (by 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. 5…. 51. c 18. 14.John 11:5John 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 doctrines, 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. … 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, Invocency, 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 York…s 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 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 dou…t 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, the Kings Ports, 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 enforcement, to over-power the Proteſtant party in the Kings Armies, no underſtanding man can without 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 C…pitall, both by the Civill and Common Law. By the**D. L. amne delictum 6. ſect. qui in acie Rebuffas in 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 this their cowardize. Yea Lacaena and Dametria, two magnanim…us Women, ſlew their timorous ſonnes, who fled baſely from the battle, with their own bands, diſclaiming tbem 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 Sie…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 puniſhment farre worſe then death it ſelf, writes Diodorus Siculus) whereas all other Lawyers made it Capitall; yea, our**See Her…. part. 2. p. 24. Common Law adjudgeth it Treaſon: Witneſſe the notable Caſes of Gemines 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 tbe enemy: The Caſe of **Walſingham. hiſt Angl. pag. 337.Jobn Walſh Eſquire, accuſed of bigh Treaſon in Parliament againſt the King and Kingdom, for yeelding up the Caſtle of Cherburg in France, to the enemy, when as he 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 xpaſſing 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 Hemicus Bocerus de E…llo. 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 reſolved in Parliament, 3. R. 2. in the Caſe of **Walſingham. hiſt. 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 Stain, l 5. p. 153, 154.Count Julian 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 Juliani, quia pertinax; & indignatio, quia dura: veſanus furià, ammimoſus furore, oblitus fidelitatis, imm…or religionis, contemptor divinitatis, crudelis in ſe, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amareſcit, & nomen ejus in aeternum pu…eſcet.

FINIS.