The Sovereign Power of Parliaments and Kingdoms Part 3, Discourse 1 (1 of 2)

The Sovereign Power of Parliaments and Kingdoms Part 3 · Discourse 1 (1 of 2)

p. 1THE SOVERAIGNE POVVER OF PARLIAMENTS & KINGDOMES: PROVING Iſt.

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

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

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

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

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

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

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

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

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

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

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

p. 5Fouthly, It is the expreſſe reſolution ofkkPolit. l. 5. c. 13. 11. Ariſtotle, llMemorabil. l. 4. p. 813.Xenophon, mmHiſt. l. 6.Polibius, nnSpelmani Concil. Tem. 1 p. 34.Pope Elutherius, (in his Epiſtle to our firſt Chriſtian King, Lucius) KingooLambard. Archaion. p. 130. Fox Acts & Mon. vol. 1. p. 214. Edward the Confeſſor in his eſtabliſhed Lawes, c. 17. thePPLib cap. 1. 2 Surius Tom. 3. p. 383. Councell of Paris, Anno 829. and Iſiodor cited by it;qqCommon-wealth. l. 2. c. 4, 5. Iohn Bodin, rrDe Rege et Regis Jnſtit. l. 1. c. 5. 6.Iohn Mariana, and generally of all forraigne Divines and Polititians, Pagan or Chriſtian; yea ofssLib. 3. c. 9. fol. 107. Bracton, ttLib. 1. c. 17:Fleta, uuDe Laudib. Legum Angl. c. 9. to 15.Forteſcue, andxxSpeech in Parliament Houſe, Anno 1609. King Iames himſelfe; that a King governing in a ſetled Kingdome, ceaſeth to be a King, and degenerates into a Tyrant, ſo ſoone as hee leaves to rule by his Lawes; much more, when he begins to invade his Subjects, Perſons, Rights, Liberties, to ſet up an Abitrary power; impoſe unlawfull Taxes, raiſe Forces, and make Warre upon his Subjects, whom he ſhould Protect, and rule in peace; to pillage, plunder, waſte, and ſpoile his Kingdome; impriſon, murther, and deſtroy his people in an hoſtile manner, to captivate them to his pleaſure; the very higheſt degree of Tyranny, condemned and deteſted by God, and all good men. The whole State and Kingdome therefore in ſuch caſes as theſe, for their owne juſt neceſſary preſervation, may lawfully with force of Armes, when no other courſe can ſecure them, not onelyonly paſſively, but actively reſiſt their Prince, in ſuch his violent, exorbitant, tyrannicall proceedings; without reſiſting any kingly, lawfull royall Authority Veſted in the Kings perſon, for the YYBract. l. 3. c. 9. Fleta l. 1. c. 17. Fortoſ. c. 9. to 15. Cooke 7. Report fol. 5. 11. Calvins Caſe. Rom. 13 4, 5. 1 Pet. 2. 14.Rom 13:4Rom 13:51 Pet 2:14kingdomes preſervation onelyonly, not deſtruction; becauſe in, and as to theſe illegall oppreſſions, tyrannicall actions, not warranted, but prohibited by the Lawes of God, and the Realme, (to whom he iszzSee the Apendix. accountable, and by whom he is juſtly cenſurable for them) he is no lawfull King, nor Majeſtrate, but an unjuſt oppreſſing Tyrant, and a meere private man, who (as to theſe proceedings) hath quite denuded himſelfe of his juſt Regall authority. So that all thoſe wholſome Lawes made by the whole State in Parliament, for the neceſſary preſervation and defence of their Kings Royall Perſon, and lawfull Soveraigne power; the ſuppreſſion of all Inſurrections, Treaſons, Conſpiracies and open Warres againſt them, whiles they governe their people juſtly according to Law, (as all good Princes areaa2 Sam. 23. 3 2 Chro. 9. 8 See the Kings Coron. oath,2 Sam 23:32 Chr 9:8 obliged to doe by oath and duty;) or the open violent reſiſting of their Lawfull authority and Commands; to which all Subjects both in point of Law and bbRow. 13. 1 2, 3. 1 Pet. 2 13. 14. Titus 3. 11 Pet 2:131 Pet 2:14Titus 3:1Conſcience, ought cheerfully and readily to Submit; will yeeld no publike Countenance, Encouragement, or Protection at all to Kings, in their irregall, tyrannicall oppreſſions, or violent courſes; eſpecially when they turne profeſſed publike enemies to their people, proclaime open Warre againſt them, invade their Lawes, Liberties, Goods, Houſes, Perſons, and exerciſe all acts of Hoſtilitie againſt them, as fatre forth as the moſt barbarous Forraigne Enemies would doe: It being againſt all common ſence and reaſon to conceive, that our Parliaments, Lawes which ſtrictly inhibit and puniſh the very ſmalleſt violations of the publike peace, with all kinds of Oppreſſions, Robberies, Treſpaſſes, Batteries, Aſſaults, Bloodſheds, Fraies, Murthers, Routs, Riots, Inſurrections, Burglaries, Rapes, Plunderings, Force-able Entries, Invaſions of the Subjects Liberties or Properties, in all other perſons, and greateſt publike Officers whatſoever (whoſeccPernicioſus de Repub &c. Ciecero de Legi. 2 Sam. 12. 7, to 14. cap. 16. 21. 22. 2 Chr. 33. See. Marian. de Reg. & Reg. Inſt. l. 1. c. 9.2 Sam 12:7–142 Chr 33 Delinquences are ſo much the more hainous, execrable and cenſurable, ddDe Leg. Ang c. 9. 10. 12, 13. 14.as their perſons, honours, and places are more eminent) ſhould ſo farre countenance, juſtifie, or patronize them onelyonly in the King, the Supreame fountaine of Iuſtice (ad tutelam Legis corporum & bonorum erectus, as Forteſcue, and SireeLib. 7. f. 5, Calvins Caſe. c. Edward Cooke reſolve; Cujus Poteſtas Iuris eſt, & non Injuriae; & cum ſit author Iuris, non debet inde injuriarum naſci occaſio, unde Iura naſeuntur, as ffLib. 3. c. 9. f. 107.Bracton, andggLib. 1 c. 17. Fleta determine;) as not to permit the Subjects, under paine of Rebellion p. 6and high Treaſon, by force of Armes, upon expreſſe command and direction of the whole Kingdome in Parliament, ſo much as to defend their Perſons, Goods, Eſtates, Houſes, Wives, Children, Liberties, Lives, Religion, againſt the open violence of the King himſelfe, or his Malignant plundring, murthering Papiſts, Caveleers: When as Kings of all others (ashhLib 3. c. 9. Bracton, iiDe Laud legum Angl. c. 9. to 15.For eſcue, andkkDe Rege & Regis Inſtit. l. 1. c. 9. Mariana prove at large) both by Oath and Duty, ought to be more obſervant of, and obedient to the Laws of God and their Realmes (which are llDeut. 10. 17 Prov. 28. 21 Rom. 2. 11. Epheſ 6. 11. 1 Pet. 1. 17.Deut 10:17Prov 28:21Rom 2:11Eph 6:111 Pet 1:17no reſpectors of Perſons) then the very meaneſt of their Subjects. That Precept then of Paul, Rom. 13. 1. 2. 3. Let every Soule be ſubject to the higher Powers, &c. And the Statute of 25. E. 3. c. 2. with other obſolete Acts, which declare it High Treaſon, to levy Warre againſt the King in his Realme, muſt needs be intended of, and quallified with theſe ſubſequent juſt limitations, ſutable to their genuine ſenſe and meaning; to wit, That as long, and ſo farre foorth, as Kings juſtly and uprightly doe execute their juſt Royall power, conferred on them by God and their people, according to the Law of God, and their Realmes, to the Protection, encouragement and praiſe of all their good Subjects, and the deſerved puniſhment onelyonly of Malefactors; they muſt and ought to be cheerefully obeyed, and quietly ſubmitted to, as Gods owne Miniſters, without the leaſt reſiſtance, private or publike; neither ought any private men upon any private injuries, of their owne authority to raiſe up in Armes againſt them, ſeeing they are publike Magiſtrates in whom all the Kingdome have an intereſt, without the generall aſſent and authority of the whole State and Kingdome, or of both Houſes of Parliment which repreſents it. But if Kings degenerate into Tyrants, and turne profeſſed enemies to their Kingdomes, Parliaments, People, by making open Warre againſt them; by ſpoyling, murthering, impriſoning, maiming, ſacking, deſtroying, or putting them out of their Protections, without any juſt or lawfull grounds, endeavouring by force of Armes to ſubvert their Lawes, Liberties, Religion, and expoſe them as a prey to their mercileſſe blood-thirſty Souldiers; or bring in Forraigne Forces to conquer them, (our preſent caſe;) I dare confidently averre, it was never the thought nor intention of Paul, or the Holy Ghoſt, much leſſe of our Nobles, Prelats, and Commons in Parliament, which enacted theſe Lawes (who ſo oft tooke up Armes, aſwell offenſive, as defenſive, againſt our Kings, in ſuch like caſes heretofore) to inhibit Subjects, Kingdomes, Parliaments (eſpecially, by direct Votes and Ordinances of both Houſes) under paine of damnation, high Treaſon, or Rebellion, by defenſive Armes to reſiſt Kings themſelves, or any of their Cavalliers: and if this queſtion had beene put to Paul, Peter, or any of thoſe Parliaments, which enacted theſe objected Lawes; Whether they ever meant by theſe Precepts or Statutes, totally to prohibite all Subjects, by generall aſſent in Parliament, to take up ſuch defenſive Armes, or make any forceable reſiſtance, againſt their Kings or their Armies, in ſuch caſes of extremity and neceſſity as theſe, under the foreſaid penalties? I make little queſtion, but they would have clearely reſolved; that it was never ſo much as within the compaſſe of their thoughts, much leſſe their plaine intention, to prohibite ſuch a reſiſtance, in this or ſuch like caſes, but onelyonly according to the precedent expoſition of their words; and that they never imagined to eſtabliſh in the world any Vnreſiſtable Lawleſſe Tyranny, or any ſuch ſpoile or butchery of Kingdomes, of Subjects, execrable to God and man, in all perſons, all ages, which have**See Doctor Beards Theater of Gods Iudgements, l. 2. c. 13. to 42. reſiſted them even unto blood; but rather totally to ſuppreſſe them; There being ſcarce any more pregnant p. 7Text, againſt the Tyranny, the boundleſſe Prerogatives, the illegall proceedings of Kings, and Higher Powers in all the Scripture, then that of Romans 13. 1. to 7. if rightly ſcanned, as Pareus, and others on it manifeſt. Therefore the Parliaments and peoples preſent defenſive Warre, and reſiſtance againſt their ſeduced King, and his Malignant Popiſh Cavalliers, is no violation of any Law of God, of the Realme; but a juſt neceſſary Warre, which they have to the uttermoſt endeavoured to prevent: and no Treaſon, no Rebellion at all within the meaning of any Law, or Statute, unleſſe we ſhould thinke our Parliaments ſo mad, as to declare it high Treaſon, or Rebellion, even for the Parliament and Kingdome it ſelfe, ſo much as to take up Armes for their owne neceſſary preſervation, to prevent their inevitable ruine, when they are openly aſſaulted by Royall armies; which none can ever preſume they would doe, being the very high way to their owne, and the whole Kingdomes ſubverſion.

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

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

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

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

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

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

Secondly, It is irrefragable, that the Subjects in defence of their own Perſons, Houſes, Goods, Wives, Families, againſt ſuch as violently aſſault them by open force of Armes, to wound, ſlay, beate, impriſon, robbe, or plunder them, (though by the Kings own illegall Commiſſion) may not onelyonly lawfully arme themſelves, and fortifie their houſes (their Caſtles in Iudgement of Law,) againſt them; but refiſt, apprehend, diſarme, beat, wound, repulſe, kill them in their juſt neceſſary defence; not onelyonly without guilt of Treaſon, or Rebellion, but of Treſſpas, or the very leaſt offence; And Servants in ſuch Caſes may lawfully juſtifie, not onelyonly the beating, but killing of ſuch perſons, who aſſault their Maſters perſons, goods, or houſes; as is expreſly reſolved by the Statute of 21. E. 1. De malefactoribus in Parcis; By 24. H. 8. cap. 5. Fitzherbert, Corone, 192. 194. 246. 258. 261. 330. 21. H. 7 39. Treſpas, 246. Stamford, lib. 1. cap. 5. 6. 7. 22. Aſſ. 46. 11. H. 6. 16. a. 14. H. 6. 24. b. 35. H. 6. 51. a. 9. E. 4. 48. b. 12. E. 4. 6. a. 12. H. 8. 2. b. Brooke, Coron 63. & Triſpas 217. Therefore they may juſtly defend themſelves, reſiſt, oppoſe, apprehend, and kill his Majeſties Cavalliers, notwithſtanding any Commiſſions, and make a defenſive Warre againſt them; when as they aſſault their perſons, houſes, goods, or habitations, without any Treaſon, Rebellion, or Crime all againſt the King or Law.

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

Fourthly, it is moſt certaine, that every Subject by the very Common Law of the Realm, (yea Law of Nature) as he is a member of the State and Church of England, ddSee principally 48. H. 3. Rot. Pat. Mem 7. & Mem. 11 Dorſſ.is bound both in duty and conſcience, when there is neceſſary occaſion, to Array and Arme himſelfe to reſist the invaſions, and aſſaults of open enemies of the Realme, eſpecially of Forraigners, as is cleare by infinite * Preſidents, cited by the Kings owne Councell, and recited by Judge Crooke in his Argument concerning Ship-money; in both the Houſes two Remonstrances and Declarations againſt the Commiſſion of Array; and the Anſwer of the firſt of them in the Kings name; all newly Printed (to which I ſhall referre the Reader for fuller Satisfaction:)eeSee Ariſtot. Pol. l. 1, c, 1, 2, & l. 2, 3. Polib. hiſt. l. 6. Forteſcue. c. 9. to 15. and by the expreſſe ſtatutes of 1 E. 3. c. 5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reaſon is from the Originall compact and mutuall ſtipulation of every member of any Republicke, State or Society of men for mutuall defence one of another upon all occaſions of invaſion, made at their firſt aſſociation and incorporation into a Republike, ſtate, kingdome, Nation, of which we have a pregnant example, Iudg. 20. 1. to 48. If then the King himſelfe ſhall introduce forraigne Forces and enemies into his Realme to levie war againſt it, or ſhall himſelf become an open enemie to it; the Subjects are obleiged, by the ſelf-ſame reaſon, law, equity, eſpecially upon the Parliaments command, to Arm themſelves to defend their Native Country, Kingdome againſt theſe forraigne and domeſticke Forces, and the King himſelfe if he joyne with them; as farre forth as they are bound to doe it upon the Kings own Writ and Commiſſion, in caſe he joyned with the Parliament and Kingdome againſt them; the neceſſary defence and preſervation of the Kingdome and themſelves (and of the King onelyonly ſo farre forth as he ſhewes himſelfe a King and Patron, not an enemie of his Kingdome, and Subjects,) being the ſole ground of their engagement in ſuch defenſive warres: according to this notable reſolution of Cicero, ſſDe Offici…. l. 2. p. 626.Omnium Societatum nulla eſt gratior, nulla carior quàm ea quae cum Republica eſt unicuique noſtrum Cari ſunt pare…tes, cariliberi, propinqui, familiares, SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST, pro qua quis bonus dubit t…mortem oppetere, ſi ei ſit proſuturus? Q…o eſt deteſtabilior illorum immanitas. p. 14qui lacerant omni ſcelere Patriam, & n…a ſunditus delenda occupati & ſunt & fuerunt: and ſeeing kings themſelves as well as Subjects are bound toggExod. 32. 9. to 15. 32. Num. 14. 11. to 15. 2 Sam 8. 9. 17. 1. Chr. 21. 17. Iohn 10. 11. 15. c. 11. 48. 49. 50.Exod 32:9–15Exod 32:32Num 14:11–152 Sam 8:92 Sam 8:171 Chr 21:17John 10:11John 10:15 hazard their lives for the preſervation of their Kingdomes, and peoples ſafeti; and not to endanger the ruine of the Kingdome and people to preſerve their owne lives and prerogatives, as I have elſewhere manifeſted; it cannot be denyed, but that every Subject, when the King is unjuſtly divided againſt his Kingdome, Parliament, and People, is mere obleiged to joyne with the kingdome, Parliament, and his Native deareſt Countrey, (who are moſt conſiderable) againſt the King; than with the king againſt their; and rather in ſuch a caſe than any other, becauſe there is leſſe neede of helpe, and no ſuch danger of ruine to the whole Realme and Nation, when the King joynes with them againſt forraigne invading enemies; as there is when the king himſelfe becomes an open inteſtine Foe unto them, againſt his Oath and Daty: and thehhCicero de Ligibus. Peoples ſafety being the Supremeſt Law, & the Houſes of Parliament the moſt Soveraigne Authoritie, they ought in ſuch unhappie caſes of extremitie and diviſion to overſway all Subjects, to contribute their beſt aſſiſtance for their neceſſary juſt defence, even againſt the king himſelf and all his Partiſans, who take up Hoſtile Armes againſt them, and not to aſſiſt them to ruine their owne Country, Kingdome, Nation, as many as now over-raſhly do.

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

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

Seventhly, it is**Littleton ſect. 378. Cook. Inſt. Ib f. 233. l. 5. E. 4. 26. 27. 11. E. 4. 1. b. 15. E. 4. 3 6. Plowden p. 379. 380. 43. E. 3. c. 4 4. H. 7. c. 6. 7. Cooke l. 9 f. 50. 95. 96. 99. Little …s and other Law-bookes expreſſe reſolutions; That if a man grant to another the Office of a Parkerſhip, of a Parke for life, the eſtate which he hath is upon condition in Law (though not expreſſed) that he ſhall well and lawfully keepe the Parke, and doe what which to his Office belongeth to doe, or otherwiſe it ſhall be lawfull for the grantor and his heires to remove him, and grant it to another if he will: and if the Parker negligently ſuffer the Deere to be killed, or kill the Deere himſelfe without ſufficient warrant from his Lord, it is a direct forfaiture of his Office. If then a Keeper or Forreſter cannot kill or negligently ſuffer his Deere to be killed (no nor yet deſtroy the vert on which they ſhould feed, or ſuffer it to be deſtroyed) without forfaiture of his Office, even by a condition annexed to his Office by the very Common Law; ſhall a King, thinke you, lawfully murther, plunder and deſtroy his Subjects, his kingdome, without any forfaiture or reſiſtance at all? or will the Common Law of the Land in ſuch a caſe which provides and annexeth a condition to the Office of a Parker, not much more unite it to the royall Office of a King, (who is but a regall Keeper, or**Iſa. 78. 70. 71. 72. ſheepheard of men, of Chriſtians, of free men, not of ſlaves) for the Subjects preſervation and ſecurity? Doth the Common-Law thus provide for the ſafety, the Liberty, welfare of our beaſts, yea our wilde beaſts, are our Deere ſo deare unto it, and will it not much more provide for the ſecurity of our owne perſons, Lives, Liberties, eſtates? ſhall not theſe be dearer to it than out Deere? How many **See Charta de Forteſta, Raſſals Abridgment, Title Forreſts. 3. Jac. c. 13. Petrus Bieſer ſis de Inſtit-Epiſcopi. Bibl. Patr…m Tom 12. Pars 2. p. 944. Illud ni…ilo. minnis abſurdum, &c.riged Lawes have beene anciently, and of late yeares made, againſt the killing, the deſtroying of the kings, the Subjects Deere in Forreſts and Parkes, for which ſome have loſt their Liberties, Lives, members? And ſhall not the Lawes for the preſervation of the Subjects Lives, Liberties, eſtates be more inviolably obſerved, more ſeverely proſecuted? May a Forreſter, Warrener, or Keeper of a Parke lawfully beate and kill another in defence of his Deere and other game, without any penalty or forfaiture at all, enjoying the Kings Peace as before this fact, by the expreſſe ſtatute of 21. E. 1. Raſtall Forreſts 19. and Stamfords Pleas, l. 1. c. 5. 6. And cannot a poore ſubject defend his owne perſon, family, houſe, goods, Libertie, life, againſt the kings Forces, or Cavaleers without the danger of Treaſon or Rebellion, if the king himſelfe be preſent with them, or they come armed with his unjuſt Commiſſion? Certainely this is a too abſur'd, irrationall, beaſtiall opinion for any to beleeve. It is our Saviours own doubled argument, Mat. 6. 26. Luke 12. 24. Behold the fowles of the ayre, and conſider the Ravens, for they neither ſow nor reape, neither have ſtore-houſe, nor borne, yet your heavenly Father feedeth them: ARE NOT YEE MVCH BETTER THEN THEY? THEN FOWLES? And Luke 12. 6. 7. Mat. 10. 29. 30. 31. Are not two ſparrowes ſold for a farthing? and not one of them ſhall fall to the ground without your Father: But the very haires of your head are all numbred: Feare ye not therefore; YE ARE OF MORE VALVE THEN MANY SPARROWES And the Apoſtle hath the like argument, 1 Cor. 9. 9. 10. Doth God take care for Oxen? Or ſaith he it not altogether for our ſakes? for our ſakes, NO DOUBT THIS IS WRITTEN, &c. **Gen. 1. 28. 29. 30. c. 92. Pſa. 8. 4. to. 9.Gen 1:28Gen 1:29Gen 1:30Ps 8:4–9Men are the Soveraigne Lords of all the Creatures, of farre more excellencie and dignity then all, or any of them; eſpecially Chriſtian men; whence the Apoſtle Paul gives this ſtrict charge to the Elders of Epheſus (belonging as well to kings as Miniſters) Act. 20. 28. Take heed therefore unto all the flocke over which the holy Ghoſt hath made p. 18you over-ſeers to feed the Church of God which he hath purchaſed with his owne blood: and God himſelfe hath given this expreſſe inhibition even to**Pſal. …05. 14. 15. 1 Chr. 16. 20 21. See the Vindication and Revindication of this Text.Ps 5:14Ps 5:151 Chr 16:20 Kings themſelves, concerning his and their peoples ſafety (moſt ſtrangely inverted by flattering Divines, quite contrary to the words and meaning:) Touch not mine anointed, and do my Prophets no harm?. And ſhall not men then made after Gods owne Image; men redeemed and purchaſed by the blood of Chriſt; men made **Rev. 1. 6. c. 5. 10. c. 20. 6.Rev 1:6Kings and Prieſts to God their Father, whom God himſelfe hath expreſſely prohibited Kings themſelves to touch or harme; not be allowed liberty to defend their perſons, houſes, lives, liberties, without offence or Treaſon, againſt Kings or any their Cavaleers aſſaults, by the Law of God, the Common or ſtatute Law of the Realme; when as their very Keepers, Warreners, Forreſters may lawfully reſiſt, and ſlay them to without crime or puniſhment, if they ſhould offer but to kill, to ſteale their Deere or Connies? Are they not much better, much dearer to God, to Kings, then foules? then Sparrowes? then Oxen? then Deere? and their lives, their blood more precious then theirs? ſurely the Scripture is expreſſe: that **Pſal. 71. 14. Pſ. 116. 15.Ps 71:14Ps 116:15precious in the ſight of the Lord is the blood, the death of his Saints; and therefore **Gen. 9. 6. Mat. 26. 52.Gen 9:6Matt 26:52he that ſheddeth mans blood (be he whom he will in an unlawfull way) by man ſhall his blood he ſhed; if not in a judiciall way, yet by way of juſt defence, as Chriſt himſelf expounds it, Mat. 26. 52. ALL they that take the ſword, ſhall periſh with the ſword: and Rev. 10. 10. He that killeth with the ſword, MVST BE KILLED WITH THE SWORD; (no doubt he may be killed by way of neceſſary defence;) then it immediately followes; here is the patience and faith of the Saints: that is, Saints will and muſt patiently endure many preſſures and wrongs from Tyrants and oppreſſors without reſiſtance, but if they once come to make warre with them, as the ſeven headed beaſt there did v. 7. then both the faith and patience of the Saints themſelves will binde their hands no longer, but give them free liberty in ſuch an extremity (for their owne and the Churches preſervation, in their juſt defence) to ſlay thoſe ſeven headed beaſts that ſhall aſſault them; the very faith of Chriſt then teacheth them no other leſſon but this: he that leadeth into captivitie ſhall goe in o captitivitie, and he that killeth with the ſword muſt be killed with the ſword: and in ſuch a caſe, God ſaith, Pſal. 149. 6. 7. 8. 9. Let a two edged ſword be in their hands, to execute vengeance upon the heathen, and puniſhment upon the people: to bi…de their Kings with chains and their Nobles with fetters of Iron; to execute upon them the judg…ment written: This honour (this priviledge in ſuch caſes) HAVE ALL THE SAINTS, Praiſe ye the Lord. And very good reaſon is there for it. For as Nature it ſelfe hath inſtructed Lyons, Beares, Wolves, Boares, Stagges, Backes, and moſt other beaſts, not onelyonly to defend themſelves againſt the violence of one another, but even of Men their ſupreame Lords, when they aſſault and hunt them to take away their lives, over which God hath given men a lawfull power: much more then may men by natures dictate, defend their perſons, lives againſt the unlawfull violence of their kings or Armies (over which God hath given them no power at all but in a legall way of juſtice for capitall offences) when they aſſault or make warre upon them to deſtroy them. Not to trouble you with Hiſtories of Stagges and other beaſts which have killed men that chaſed them, in their owne defence, of which there are infinite examples in the**See Tertul. & Cyprian de Spectaculis Onupbrius, Bulengerus, Lyp…ius, and others, De Theatris, Ludis Circenſieus and Joannes Mariana deſpectaculis. Roman and Spaniſh Hiſtories, in thoſe Amphithreatricall ſports and ſpectacles wherein men encountred and fought with Lyons, Tygers. Beares, Buls and other ſavage Beaſts; I ſhall onelyonly recite ſome few examples even of Kings themſelves, who have beene ſlaine and devoured by ſuch beaſts as they have chaſed:**Graft. part. 4 p. 40. part. 5 f. 42 part. 6. p. 62. Mada… King of Britain (as Polycronicon, Fabien, p. 19Grafton and others record) being in his diſport of hunting, was ſlain of the wilde beaſts he purſued, when he had reigned 40. yeares: ſo was his ſonne King Memphis ſlaine and deſtroyed in hunting in the ſame manner. Merindus King of Brittaine, was devoured by a Sea monſter which he encountered: and**Zonaras Annal. Tom. 3. f. 15. Munſ…eri Coſmeg. l. 4. c. 50. p. 1104. Baſilius the 35 Emperour of Conſtantinople hunting a Stag, of an extraordinary greatneſſe, and thinking to cut off his necke with his ſword; the Stagge ran fiercely at him, gored him with his hornes on which he toſsed him, bruiſed his entralls, whereof he dyed ſome few dayes after, and had beene ſlaine immediately, on the beaſts hornes, had not one there preſent drawne his ſword and cut off his girdle, by which he hung on the hornes, to whom he gave a very ill requitall for this loyall ſervice: other ſtories of kings ſla…ne by beaſts in their owne defence occure in ſtory, and examples of kings ſlaine by men in and for their preſervation, are almoſt innumerable: that of our king**Mat. Weſt. An 946. p. 946. Malm…ſHunting. Fab. Graft, Holinſ. Speed, and others in his life. Edmond is obſervable among others, who as our Hiſtorians write being at a feaſt at Pulkers Church on Saint Auguſtines day, eſpied a theeſe named Leof, whom he had formerly baniſhed, ſitting in the Hall, whereupon he leapt over the Table, aſſaulted Leof, and plucked him by the haire of the head to the ground; who in his owne defence, wounded the king to death with a knife, hurt many of his ſervants, and at length was himſelfe hewen all in peeces. But that of our King**Hoved. …. pars poſterior. p. 791. Mat. Paris, Mat. Weſim. Polye. Fab. Walſi…g. Holinſh Graf. Speed, Daniel in the life of Rich. 2. Richard the 1. is more remarkeable, who being ſhot in the arme with a barbed Arrow by one Peter Baſil, (or Bertram Gurdon as others name him) at the ſiege of Chaluz Caſtle in Aquitain which rebelled againſt him; the Caſtle being taken, and the king ready to dye of the wound, commanded the perſon that ſhot him to be brought into his preſence, of whom he demanded, What hurt …e had done him that provoked him to this miſchiefe? To whom he boldly replyed: Thou haſt killed my father and my two Brothers, with thine own hand; and now wouldeſt have ſlain me: take what revenge thou wilt; I ſhall willingly endure what ever torture thou canſt inflict upon me, in reſpect I have ſlaine thee, who haſt done ſuch and ſo great miſchiefe to the world. The king hearing this his magnanimous anſwer, releaſed him from his bonds, (though he ſlew the reſt) and not onelyonly forgave him his death, but commanded an hundred ſhillings to be given him. If then bruites by the very law of Nature have thus defended themſelves againſt kings, who have violently aſſaulted them, even to the caſuall death of the aſſailants: Why men by the ſelfeſame Law, may not juſtly defend themſelves againſt the unjuſt aſſailing warres of their Princes, and Armies, without Treaſon or Rebellion, exceeds my ſhallow underſtanding to apprehend: and I doubt thoſe very perſons who now plead moſt againſt it, onelyonly to accompliſh their owne pernicious deſignes, would make no ſcruple of ſuch a neceſſary defenſive wars and reſiſtances lawfulneſſe, were the caſe but really their own; and thoſe Papiſts and Cavalieers who now take up armes againſt the Parliament, the ſupreameſt lawfull power in the Realme, and their owne native Country, without checke of Conſcience, would doubtleſſe make no bones at all forcibly to reſiſt or fight againſt the King himſelfe, ſhould he but really joyne with the Parliaments Army, againſt them and their deſignes; there being never any Souldier or Polititian, but thoſe onelyonly who were truely ſanctified and religious, that made any conſcience of fighting againſt, yea murthering of his naturall king, not onelyonly in a lawfull defenſive warre, but in a Trayterous and Rebellious manner too, if he might thereby advantage or promote his owne particular intereſts, as is evident by the councell and ſpeech of Davids ſouldiers, and King Saul himſelfe. 1 Sam. 24. 4. 5. 6. 7. 18. 19. 21. by the words of Abiſhai, to David, 1 Sam. 28. 8. 9. 23. 24. by the Councell p. 20of A…itophell, which pleaſed Abſolon, and all the Elders of Iſrael well, 2 Sam 17. 1. 2. 3. 4 and the infinite number of Emperours, of Kings, which have beene trayterouſly, and rebelliouſly ſlaine, without any juſt occaſion by their own Souldiers, and that in a meere offenſive, not defenſive way; above halfe the Roman, Grecian, and German Emperours dying of ſuch aſſaſſinations, or poyſonings, very few of them of meere naturall deathes, as the Hiſtories of their lives declare.

Eightly, It is in a manner agreed byyySee Biſhop Bilſon, of Chriſtiā ſubject on, &c. part 3. p. 411 to 422. and the Authors there cited. Hiſtorians, Polititians, and Divines, that if a King will deſert the defence and Protection of his people in times of warre and danger, and neither ayde nor protect them againſt their enemies according to his Oath and Duty, they may in ſuch a caſe of extremity, for their owne neceſſary defence and preſervation, deſert him, who deſerteth them, and elect another King, who can and will protect them from utter ruin. VponUpon this very ground thezzSpeed. hiſt. l. 6 c. 5. 4. l 7. 6. …. 4. Camb. Brit. p. …07. 108 &c See Holinſh. Poly. Graſ. Brittons of this Nation after many hundred yeares ſubjection to the Roman Emperors, rejected their yoake and government, when they refuſed and neglected to defend them againſt the barbarous Picts and others, who invaded them, when they had oft craved their aſſiſtance; electing them other Patriots: So theaaJacob… Valde ſius de Dignitate Regum Regn. Hiſp. c. 18. Franciſcus Tarapha de Reg…bus Hiſpaniae, Michael Ritius de Regibus Hiſp. l. 2. Manſt. Coſm. l. 2 c 20. Spaniards being deſerted by the Roman Emperors and left as a prey to their enemies, abandoned their government, and elected them Kings of their owne to protect them, which they juſtified to be lawfull for them to doe. And in like manner the Romans and Italians being forſaken of the Emperour Conſtantine, when they were invaded bybbSee Biſhop Bilſons true difference, &c. p. 3. 411. to 416. and the Appendix here. p. 8. 9. Aiſtulfus King of the Lumbards; Elected Charles the Great for their Emperour, and created a new Empire in the Weſt, diſtinct from that of Conſtantinople in the Eaſt, which Biſhop Bilſon himſelfe concludes they might lawfully doe, in point of conſcience. SoccAventinus A…i. l. 3. The generall hiſt. of France in his life. See the Appendix. Childerick being unfit to governe, and unable to repulſe the enemies of the French which invaded his territories; thereupon by the adviſe of Pope Zachary, and of a whole Synod and Parliament in France, they depoſed Childericke, and elected Pipin for their King, who was both able and willing to protect them; VponUpon this very ground theddSee Grimſtans Imperiall hiſtory in their lives, & and the Appendix. Emperours Charles the third, and Wenceſlius were depoſed, as being unable and unfit to defend and governe the Empire, and others elected Emperors in their ſteeds, Thus**The Generall Hiſtory of Spaine p. 455. Mahomet the blinde, King of Granado, was in the yeare 1309. depoſed by his owne Brother, Nobles, and Subjects, who were diſcontented to be governed by a blinde King, who could not lead them to the warres in perſon. And**Graſ…. part 7 p 85. Buchanon Remon Scot. l. 4. p. 121. Ethodius the 2^d king of Scotland, being dull of wit, given to avarice, and nothing meete to governe the Realme; thereupon the Nobles tooke upon them the governmēt, appointing Rulers in every Province, & ſo continued them all his reigne, leaving him nothing but the bare title of a King, (not depriving him thereof, out of the reſpect they gave to the family of Ferguſius) but yet taking away all his regall power. And not to multiply caſes or examples of this nature:eeTheatre of Honour l. 2. c. 13. p. 183. Andrew Favine in his Theatre of Honour, out of the Chronicle of Laureſhe…m and Aimonius in his 4^th Booke of the Hiſtory of France, relates a notable reſolution given by the Parliament & Eſtates of France in this very point. In the yeare 803. Lewes the Debonnaire king of France holding his Parliament in May; there came thither from ſtrange Provinces two Brethren, kings of Vuilſes, who with frank & free good will ſubmitted themſelves to the judgement of the ſaid Parliament, to which of them the kingdome ſhould belong. The elder of theſe two brethren was named Meligaſtus, and the younger Celeadraus, Now albeit the cuſtome of the ſaid kingdome, adjudged the Crowne to the eldeſt, according to the right of Primegeniture, allowed and practiſed by the Law of p. 21Nature, and of later memory, in the perſon of the laſt dead King Liubus, father to the two contendants; yet notwithſtanding in regard that the Subjects by univerſall conſent of the kingdome, had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT (cum ſecundam ritum ejus gentis commiſſum ſibi Regnum parum digne adminiſtraret) and had given the Crown to the younger brother FOR HIS VALOVR & DISCREETE CARRIGE; after full hearing of both parties, BY SENTENCE of PARLIAMENT, the Kingdome was adjudged to the younger Brother, (ſtat…it ut junior frater delatam ſibi à Populo ſuo pot flatem haberet, &c) and thereupon the eldeſt did him homage, with oath of Alleigance in the ſaid Parliament, and ſubmitted to this ſentence. And upon this very ground in ffSee Part. neere the end.ſome of our ancient Britiſh and Saxons Kings Reignes when the right heire to the Crowne was an infant, unable to defend his kingdome and people againſt invading enemies, the Crowne hath commonly deſcended to the Vncle or next heire of full age, who was able to protect them and repulſe their enemies, till the right heire accompliſhed his compleat age, as I have elſewhere manifeſted. If then a Kingdome by generall conſent; may elect a new King to defend and preſerve it, in caſe of invaſion and eminent danger of ruine by forraigne enemies, when their preſent King either cannot, or will not doe his duty in protecting them from their enemies, and expoſeth them for a prey to their devaſtations, as theſe examples and authorities conclude they may, though I will not poſitively determine ſo. Then certainely by equall, ſemblable and greater reaſon, ſubjects may lawfully take up neceſſary defenſive Armes againſt their Kings, when they ſhall not onelyonly deſert, but actually invade and wage warre againſt them, deſtroy and waſt them in an open Hoſtile manner, and handle them as cruelly as the worſt of enemies: ſuch a wilfull unnaturall Hoſtile invaſion, being farre worſe than any cowardly or bare deſertion of thē when they are invaded by a forraign enemy. And if Kings in caſe of ſottiſhneſſe or Lunacy may be lawfully depoſed from their kingdomes by common conſent of their Realmes, when they are altogether unfit or unable to governe, as B…ſhop Bilſon aſſerts, and I have manifeſted elſe where: then much more may they be lawfully reſiſted by force without guilt of Treaſon or Rebellion, when they wilfully and maliciouſly, contrary to their oath and duty, caſt off their Royall governments, the protection of their ſubjects, and wage open warre againſt them, to enſlave or ruine them. If a Father ſhall violently and unjuſtly aſſault his ſonne, a husband his wife, a maſter his ſervant, a Major or other inferior Officer, a Citizen to murther, maime, or ruine them; They may in ſuch a caſe by ggSee Summ… Roſella Tit. Bel. um.the Law of Nature, God man, reſiſt, repulſe them in their owne defence without any crime at all, as dayly practiſe experimentally manifeſts; yea they may ſweare the peace againſt them, and have a Writ hhFitz Nat. Brevium f. 80. 81.de ſecuritate Pacis in ſuch caſes. Therefore by the ſelfeſame reaſon they may reſiſt the King and his Army in like caſes; there being no more humane nor divine Law againſt reſiſtance in the one caſe, than in the other.

Finally, it is the reſolution ofiiCommon weale l 2. c… 5. 220. 221. John Bodin and others, who deny the lawfulneſſe of Subjects taking up Armes againſt their Soveraigne Prince, or offering violence to his perſon, though he become a Tyrant: That if a Soveraigne Prince or King by lawfull election or ſucceſſion turne a Tyrant, he may lawfully (at his Subjects requeſt) be invaded reſisted, condemned or ſlaine by a forraigne Prince. For as of all Noble acts, none is more honourable or glorious, then by way of fact to defend the honour, goods, and l…ves of ſuch as are unjuſtly oppreſſed by the power of the more mighty, eſpecially the gate p. 22of Iuſtice being ſhut againſt them: thus did Moſes ſeeing his brother the Iſraelite beaten and wronged by the Egyptian, and no meanes to have redreſſe of his wrongs: So it is a moſt faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people, unjuſtly oppreſſed by the cruelty of a Tyrant: as did the great Hercu'es who travelling over a great part of the world with wonderfull power and valour deſtroyed many moſt horrible monſters, that is to ſay, Tyrants; and ſo delivered people, for which he was numbred among the gods, his poſterity for many worlds of yeares after, holding moſt great Kingdomes. And other imitators of his vertue as Dio, Timoilion, Aratus, Harmodius, Ariſtogiton, with other ſuch honourable Princes, bearing Titles of chaſtiſers, and correctors of Tyrants, And for that onelyonly cauſe Tamerlain Emperour of the Tartars, denounced warre unto**See Knols Turkiſh Hiſt. in his life. Bajazet King of the Turkes, who then beſieged Conſtantinople, ſaying, That he was comming to chaſtiſe his Tyrannie, and to deliver the afflicted people; and vanquiſhing him in battle, routed his Army, and taking the Tyrant priſoner, he kept him in chains in an Iron Cage till he dyed. Neither in this caſe is it materiall that ſuch a vertuous Prince being a ſtranger, proceede againſt a Tyrant by open force, or fierceneſſe, or elſe by way of juſtice. True it is that a valient and worthy Prince, having the Tyrant in his power, ſhall gaine more honour by bringing him unto his tryall, to chaſtiſe him as a murtherer a manqueller, and a robber; rather than to uſe the Law of Armes againſt him. Wherefore let us reſolve on this, that it is lawfull for any ſtranger (Prince) to kill a Tyrant, that is to ſay, a man of all men infamed, and notorious for the oppreſſion, murder, and ſlaughter of his ſubjects and people. And in this ſort, our**Speede Hiſt. p. 1193. 1194 The Hiſtory of the Netherlands, and the Swediſh Intelligencer. Queene Elizabeth ayded the Low-Countries againſt the Tyrannie and oppreſſions of the King of Spaine: and the King of Sweden of late yeares the Princes of Germany againſt the Tyranny and uſurpations of the Emperor, upon their ſollicitation, If then, it be thus lawfull for Subjects to call in forraigne Princes to releeve them againſt the Tyrannie and oppreſſions of their kings (as the Barons in**Mat. Par. Mat. Weſt. Hoved. Speed, Holiſh. Fab. Graft. Daniel in his life. King Iohns time prayed in ayde from Philip and Lewis of France againſt his tyrannie) and thoſe Princes in ſuch caſes, may juſtly kill, depoſe, or judicially condemne theſe oppreſſing Kings and put them to death. I conceive theſe whole kingdomes and Parliaments may with farre better reaſon, leſſe danger, and greater ſafety to themſelvs, their Kings and Realmes take up defenſive Armes of their owne to repulſe their violence. For if they may lawfully helpe themſelves and vindicate their Liberties from their Kings encroachments by the aſſiſtance and Armes of forraigne Princes who have no relation to them, nor particular intereſt in the differences betweene their kings and them, which can hardly be effected without ſubjecting themſelves to a forraigne power; the death or depoſition of the oppreſſing King: much more may they defend and releeve themſelves againſt him by their owne domeſticke Forces, if they be able, by generall conſent of the Realme; becauſe they have a particular intereſt and ingagement to defend their owne perſons, eſtates, liberties, which forraigners want; and by ſuch domeſticke Forces may prevent a forraigne ſubjection, preſerve the life of the oppreſſing Prince, and ſucceſſion of the Crowne in the hereditary line; which**See Knols Turkiſh Hiſt. of the calling in the Turke into Graecia and Cambdin & Speed of the Brittaines calling in the Saxons which proved their ruin and conqueſt. forraigne Armies moſt commonly endanger. And certainely it is all one in point of Reaſon, State, Law, Conſcience, for Subjects to relieve themſelves, and make a defenſive warre againſt their Soveraigne by forraigne Princes Armes, as by their owne: and if the firſt be juſt and lawfull, as all men generally grant without contradiction; and Bracton to l. 2. c. 16. I ſee no colour but p. 23the latter muſt bee juſt and lawfull too, yea then the firſt rather, becauſe leſſe dangerous, leſſe inconvenient to King and Kingdome.

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

Firſt then conſider, what opinion the Prelates, Barons, and Kingdome in generall, had of theſe Warres at firſt,llMatth. Far… Hiſt. Angl. p. 234 to 240. Holinſhed, Grafton, Speed, Fabian and Daniel, p. 140 141. 142. 143. Anno 1414. in a Parliament held at Pauls the 16. yeare of King Iohns raigne, Steven Langton Archbiſhop of Canterbury, produced a Charter of King Henry the Firſt, whereby he granted the Ancient Liberties of the Kingdome of England (which had by his Predeceſſors beene oppreſſed with unjuſt exactions, according to the Lawes of King Edward, with thoſe emendations, which his Father, by the counſell of his Barons, did ratifie: which Charter being read before the Barons, they much rejoyced; and ſwore in the preſence of the Archbiſhop; that for theſe Liberties they would, if need required, ſpend their blood: which being openly done in Parliament, they would never have taken ſuch a publike ſolemne Oath, had they deemed a Warre againſt the King, for recovery, or defence of theſe their Liberties unlawfull, and no leſſe then Treaſon and Rebellion in point of Law or Conſcience. After this the Barons aſſembling at Saint Edmond…bury, conferred about the ſaid Charter, and ſwore upon the high Altar, That if King Iohn refuſed to confirme and reſtore unto them thoſe Liberties (the Rights of the Kingdome) they would make Warre upon him, and withdraw themſelves from his Allegiance, untill he had ratified them all w…th his Charter under his great Seale. And further agreed, after Chriſtmas to Petition him for the ſame, and in the meane time to provide themſelves of Horſe and Furniture to be ready, if the King ſhould ſtart from his Oath made at Wincheſter, at the time of his abſolution, for confirmation of theſe Liberties, and compell him to ſatisfie their demand. After Chriſtmas they repaire in a Military manner to the King, lying in the new Temple, urging their deſires with great vehemencie: the King ſeeing their reſolution and inclination to warre, made anſwer, That for the matter they required, he would take conſideration till after Eaſter next, In the meane time, he tooke upon him the Croſſe, rather through feare, then devotion, ſuppoſing himſelfe to bee p. 24more ſafe under that Protection: And to ſhew his deſperate malice and wilfulneſſe (who rather then not to have an abſolute domination over his people, to doe what he liſted, would be any thing himſelfe under any other that would but ſupport him in his violences) he ſent an Embaſſage (the moſt baſe and impious that ever yet was ſent by any free and Chriſtian Prince) unto Miramumalim the Moore, intituled the great King of Affrica, Morocco, and Spaine; wherein he offered to render unto him his Kingdome, and to hold the ſame by tribute from him as his Soveraigne Lord; to forgoe the Chriſtian Faith, as vaine, and to receive that of Mahomet, imploying Thomas Hardington and Ralph Fitz-Nicholas, Knights, and Robert of London Clerke, Commiſſioners in this negotiation; whoſe manner of acceſſe to this great King, with the delivery of their Meſſage, and King Johns Charter to that effect, are at large recited in Mathew Paris, who heard the whole relation from Robert one of the Commiſſioners, Miramumalim having heard at large their Meſſage, and the Deſcription of the King and Kingdome, (governed by an annointed and Crowned King, knowne of old to be free and ingenuous; ad nullius, praeterquam Dei ſpectans dominationem) with the nature and diſpoſition of the people, ſo much diſdained the baſeneſſe and impiety of the Offerer, that fetching a deepe ſigh from his heart, he anſwered, I have never read nor heard, of any King poſſeſſing ſo proſperous a Kingdome, ſubject and obedient to him, who would thus willingly ruine his Principality, as of free to make it tributary, of his owne to make it anothers, of happy to make it miſerable, and to ſubmit himſelf to anothers pleaſure, as one conquered without a wound. But I have heard and read of many, who with effuſion and loſſe of much blood (which was laudable) have procured liberty to themſelves; modo autem audio, quod Dominus veſter miſer, deſes & imbellis, qui nullo nullior eſt, de libero ſervus fieri deſiderat, qui omnium mortalium miſerrimus eſt. After which he ſaid; That the King was unworthy of his Confederacie; and looking on the two Knights with a ſterne countenance, he commanded them to depart inſtantly out of his preſence, and to ſee his face no more; whereupon they departing with ſhame; hee charged Robert the Clerke, to informe him truely what manner of perſon King Iohn was: who replied, That he was rather a Tyrant then a King; rather a Subverter then a Governour; a Subverter of his owne Subjects, and a Foſterer of Strangers; a Lyon to his owne Subjects, a Lambe to Aliens and Rebels; who by his ſloathfulneſſe had loſt the Dutchy of Normandy, and many other Lands, and moreover thirſted to loſe and deſtroy the Kingdome of England: An unſatiable Extortioner of money; an invader and deſtroyer of the poſſeſſions of his naturall people, &c. When Miramumalim heard this, he not onelyonly deſpiſed, as at firſt, but deteſted and accurſed him, and ſaid: Why doe the miſerable Engliſh permit ſuch a one to raigne and domineer over them? Truely, they are effeminate and flaviſh: To which Robert anſwered: the Engliſh are the moſt patient of all men, untill they are offended and damnified beyond meaſure. But now they are angry, like a Lion or Elephant, when he perceives himſelfe hurt or bloody; and though late, they purpoſe and endeavour to ſhake the yoake of the Oppreſſor from their necks which lie under it: Whereupon he reprehended the overmuch patience and fearefulneſſe of the Engliſh; and diſmiſſed theſe Meſſengers; who returning, and relating his Anſwer to King Iohn, he was exceeding ſorrowfull, and in much bitterneſſe of Spirit, that he was thus contemned and diſapointed of his purpoſe. Yet perſiſting in his pre-conceived wicked deſigne to p. 25ruine his Kingdome and people, and hating all the Nobility and Gentry of England, with a viperous Venom, he ſets upon another courſe; and knowing**A true Character of a Pope, Pope Jnnocent to be the moſt ambitious, proud, and covetous of all men, who by gifts and promiſes would be wrought upon, to act any wickedneſſe: Thereupon he haſtily diſpatcheth meſſengers to him with great ſummes of Money, and a re-aſſurance of his tributary Subjection, (which ſhortly after he confirmed by a new Oath and Charter,) to procure him to Excommunicate the Archbiſhop of Canterbury, and the Barons, whom he had formerly favoured; which things he greedily deſired, that he might wrecke has malice an them by Diſ inheriting, Impriſoning, and Spoiling them being Excommunicated: Which things when he had wickedly plotted, he more wickedly executed afterwards. In the meane time, the Barons foreſeeing that nothing was to be obtained but by ſtrong hand, aſſemble an Army at Stamford, wherein were ſaid to be two thouſand Knights, beſides Eſquires, and marched from thence towards Oxford, where the King expected their comming to anſwer their demands. And being come to Brackley with their Army, the King ſends the Earle of Pembroke Mariſcall, and the Archbiſhop of Canterbury, with others, to demand of them, what were thoſe Lawes and Liberties they required? to whom they ſhewed a Schedule of them, which the Commiſſioners delivered to the King: who having heard them read, in great indignation asked; Why the Barons did not likewiſe demand the Kingdome? and ſwore he would never grant thoſe Articles, whereby himſelfe ſhould be made a Servant. So harſh a thing is it to a power, that is once gotten out into the wide libertie of his will, to heare againe of any reducing within his Circle. VponUpon this anſwer, the Barons reſolve to ſeize the Kings Caſtles; conſtitute Robert Fitz-walter their Generall, entituling him, Mariſcall of the ARMY of GOD, and of HOLY CHVRCH: A Title they would never have given their Generall, or Army, had they deemed this Warre unlawfull in Law or Conſcience. After which they tooke divers of the Kings Caſtles and are admitted into London; where their number daily increaſing, they make this Proteſtation; Never to give over the proſecution of their deſire, till they had conſtrained the King (whom they held perjured) to grant them their Rights. Which queſtionleſſe, they would not have done, had they not beleeved this Warre to be juſt and lawfull. King Iohn ſeeing himſelfe in a manner generally forſaken of all his people, and Nobles, having ſcarce 7. Knights faithfull to him (another ſtrong argument, that the people and Kingdome generally apprehended, this taking up armes againſt the King to regaine, to preſerve their hereditary Rights and Liberties, to be lawfull) counterfeits the Seales of the Biſhops, and writes in their Names to all Nations, That the Engliſh were all Apoſtates, and whoſoever would come to invade them, hee, by the Popes conſent, would conferre upon them all their Lands and Poſſoſſions. But this device working no effect, in regard they gave no credit to it, and found it apparently falſe; the King ſeeing himſelfe deſerted of all, and that thoſe of the Barons part were innumerable, (cum tota Angliae Nobilitas in unum collecta, quaſi ſub numero non cadebat, writes Mathew Paris, another argument of the juſtice of this cauſe and warre, in their beliefes and conſciences; at laſt condeſcended to grant and confirme their Liberties, which he did at Running-Meade, in ſuch ſort as I have formerly related. And though the Pope afterwards for his owne private ends and intereſt, (bribed by King Iohn, who reſigned his Kingdome to him, and became his Vaſſall, without his peoples conſent, which reſignation was judged voide,) excommunicated p. 26the Barons withall their aſſiſtance; Qui Ioha…nem illuſtrum Regim Anglorum Cruce ſignatum, ET VASALLVM ROMANAE ECCLESIAE (an honourable Title indeed for a King) perſ quuntur, molientes ei Regnum auferre (which this Pope him ſelfe did but few yeares before, giving his Crown and Kingdome it ſelfe to King Phillip of France, which to ſave, he ſordidly reſigned up to the Pope) quod ad Romanam Eccleſiam dignoſcitur pertinere. Yet this Excommunication thus procured by bribery, proceeding not out of Conſcience to preſerve the Kings due Rights,1 Pag. 235. 267. 268. but ſelfe-reſpects to ſupport the Popes uſurped intereſt and Title to the Realme; and being a wicked plot of the King, more wickedly executed by the Pope, (who as Matthew Paris writes, was AD OMNIA SCELERA pro praemijs datis vel promiſſis cercus & proclivis) and the Londoners, Barons, with divers Prelates then contemning it, as pronounced upon falſe ſuggeſtions, and eſpecially for this cauſe, that the ordering of temporall affaires belonged not to the Pope, Cum Petro Apoſtolo & ejus Succeſſoribus non niſi Eccleſiaſticarum diſpoſitio rerum a Domino ſit collata poteſtas. And uſing likewiſe theſe memorable Speeches in thoſe blind daies againſt the Pope and his uſurped Supremacy, with liberty. Vt quid ad nos ſe extendit Romanorum inſatiata cupiditas? Quid Epiſcopis Apoſtolicis & Militiae noſtrae? Ecce ſucceſſores Conſtantini & non Petri, non imitantur Petrum in meritis, vel operibus; nec aſſimulandi ſunt in Poteſtate. Prob pudor, marcidi ribaldi, qui de armis vel literalitate minime norunt, jam toti mundo propter excom nunicationes ſuas volunt dominari; ignobiles uſurarij & Simoniales. O quantum diſſimules Petro, qui ſibi Petri uſurpant partem? &c. I conceive this Excommunication rather juſtifies then diſproves the lawfulneſſe of this their taking up of armes, and the warre inſuing it being but for their owne juſt defence, when the King afterwards with fire, ſword, and bloody barbarous Forraigne Forces waſted his Realme in a moſt inhumane, tyrannicall maner, Factus de Rege Tyrannus; imo in beſtialem prorumpens feritatem, &c. which neceſſitated the Barons for their own preſervation and the Kingdoms (devoted by this unnaturall Prince to Vaſſallage and utter deſolation) to elect Lewis of France for their King: Who, together with the Peeres and Eſtates of France, aſſembled at Lions concerning this Election; reſolved it to be juſt and lawfull, and the Barons Defenſive Warres againſt, and rejection of King Iohn for his Tyranny and oppreſſions, to be juſt and honourable, ſince they did but flee to theſe extraordinary remedies, and ſeeke for juſtice abroad, when they were denied it by him that ſhould give it them in as ordinary way at home, choſing a King, in place of a Tyrant, asmmHiſt. Angl. pag. 270. 271 Matthew Paris, with thennPag. 123. 122. generall Hiſtory of France (written by Iohn de Serres, and Engliſhed by Edward Grimſton) more largely manifeſt.