The Sovereign Power of Parliaments and Kingdoms

the 23 day of the same Parliament, admitted their desire, and would that the said Earls and Lord Sturton, or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding, and ended at Westminster, be 〈◊〉 the 30 day of July fully discharged of the keeping of the same, and that IT SHOULD BEENA CTED OF RECORD.

In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORD'S SPIRITUALL AND TEMPORALL, AND COMMONS IN THIS PARLIAMENT ASSEMBLED, AND BY AUTHORITY THEREOF, ordained and established, that his dearest cosin Richard Duke of York rightful heir to the Countries of England and France, and of the Lordship and Land of Ireland, have and take upon him the power and labor to ride into the parts of England, and Wales, where great rebellions, murders, riots, spoylings, executions, and oppressions be used, committed and attempted, to repress, subdue, and appease them. And also to resist the enemies of France and Scotland within the realm. And further granted, ordained, and established by the said advice and authority, that every Sheriff, with the power and might of his Sheriwicke, and every Major, Bailiff, Officer, Minister, and Subject of the said realm of England and of Wales, shall attend upon his said cousin for the said intent, as the case shall require; and to the same intent be ready at the command of his said cousin; and the same obey and perform, in like case as they ought to do at his commandment after the course of the Laws of England, and in Wales after the custom • s there, &c.

And to cite no more presidents in so clear a case: in the Parliament of 21 Iacobi ch. 33. The Temporalty having granted three entire Subsidies, and three Fifteenes and tenths, to King James, towards the maintenance of the wars that might then suddenly insue upon the breach with Spain, and more particularly for the defense of the realm of England, the securing of Ireland, the assurance of the states of the united Provinces, with the Kings friends and allies; and for the set • ing forth of the Navy-royal: did by that Act, for the better disbursing of the said 〈◊〉 and managing that war according to the Parliaments true intention, by that very Act wherein they gave the Subsidies, did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys; and appointed ten Lord's and Knights (particularly named in the Act) to be of the Kinge Council for the war; by whose warrant (under five of their hands at least) all the moneys they granted were to be issued and exported, for and towards the uses expressed in the Act to such person or persons as the said Council of war should direct: and that both those Treasurers, and this Council of war • e, and all other persons trusted with the receiving, issuing, bestowing and employing of those moneys or any part thereof, their heirs, executors and administrators, should be answerable and accountable for their doings and proceedings therein to the Commons in Parliament, when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being; and thereby they and every of them according to their several places and employments shall give a true and ready declaration and account of their several respective dealings, doings and proceeding therein; and that the said Commons in Parliament shall have power by this Act, to hear and determine the said account, and all things thereto appertaining; And withal they in this Act prescribe a specialloath to the Treasurers, Not to issue out any moneys without the Warrant of the Council of war under their hands. And another oath to the Council of war, To make no Warrant for any moneys issued, which are given by this Act, but for some of those ends which are expressed therein, and that to the best of their means they should employ the said moneys accordingly; and that freely without requiring any reward or allowance whatsoever.

Which presidents with others forementioned, made His Majesty return this Answer to the Petition of the Lord's and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any; His Majesty will be content to put in all the places both of FORTS and MILITIA, in the several Counties, such persons as both Houses of Parliament shall either approve or recommend unto Him; so that you declare before unto His Majesty the names of the persons whom you approve or recommend; unless such persons shall be named against whom He shall have just and unquestionable exception. And thus much by way of supplement touching the Militia.

Concerning the Parliaments interest and right in electing and removing the Officers of the realm, and the Kings meniall servants, I shall only add these Precedents to the forementioned.

In the Parliament rolls • 4 E. 3. N • m. 1. Four Bishops, four Earls, and four Barons were assigned to the King, without whose consent, or of four of them, no great business was to be transacted.

14 E. 3. Num. 36. in the Parliament rolls, The Parliament agreeth, that the Duke of Cornwall be Custos of England during the Kings absence in the wars of France.

In the Parliament rolls of 1 R. 2. Num. 18. & 19. The Commons requested first, that it would please the King to ordain, and nominate to them now in this present Parliament, some sufficient persons of divers estates to be continually resident of his counsel for the affairs of the King and of the realm, and to have the Officers of the King of such persons who best knew, and would and might most diligently travel for the redress of the foresaid mischiefs, and the good government and salvation of the realm, so that the Commons may be clearly ascertained of the names of those Counselors which shall be disbursers and orderers of that which they shall grant for the wars, and thereby to have greater encouragement to do to our Lord the King that which they have in charge concerning him, as is aforesaid. Also that it would please them to ordain and nominate in this Parliament the persons which shall be about (or have the custody) of the person of our Lord the King himself, who is of such tender age, and that those persons shall be of the most virtuous, honestest, and sufficientest of the Realm; so that our said Lord, who is a person sacred and anointed, be nobly governed, and brought up in good virtues and manners to the pleasure of God, whereby all the Realm may be secured and amended; and that it be likewise or • dained, that our Lord the King and • is house be governed with good moderation, and defray his expenses only out of the revenues of the Realm, and other rights and seigniories of his Crown. And that all that which shall be granted to our Lord the King in maintenance of his wars, shall be applied and expended in the wars, and no part thereof otherwise, in aid and discharge of his said commonality.

In the Parliament of 2. Henry 6. num. 15. After divers special requests of the Commons of the Realm, being in the present Parliament, made to my Lord of Gloucester Commissary of the King, and to other Lord's Spiritual and Temporal there, for to have notice and conusance of the persons assigned and elected to be of the Kings Council, to their great ease and consolation. By advice and assent of all the Lord's Spiritual and Temporal aforesaid, were elected and named certain persons, as well spiritual and temporal, to be Counselors assistant to the governance of the Realm, whose names here ensue; The Duke of Gloucester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worce •• er, the Chancellor, Treasurer, and Keeper of the privy Seal, the Duke of Excester, the Earl of March, the Earl of Warwick, the Earl Marshall, the Earl of Northumberl • nd, the Earl of Westmorland, the Lord Cromwell, the Lord Fitz H • gh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Master John Tiptoff, • homas Chaucer, William Allington.

In the Parliament of 29. Henry 6. num. 6. Upon the Petition of the Commons against divers Lord's, Bishops, Knights, Esquires, and others, to the number of 29. who mis-behaved themselves about the royal Person of the King, and in other places, by whose only means it was suggested, the Kings possessions had been greatly diminished, his Laws not executed, the peace of the Realm not observed, to the great hurt and trouble of the liege people of the Realm, and likely subversion of the same, of which misbehaviour, universal noise and clamour was openly received throughout all the Realm, upon the same persons specified in the Petition; all of them, except the Lord's and some few others, without further evidence against them, were by the King now removed from his presence and Court for a whole years space, within which time any man that could and would object against any of them▪ should be patiently heard and intended to.

Those few fresh Presidents added to the precedent, and to such foreign examples of this nature cited in the Appendix, will abundantly clear the Parliaments right and Kingdoms interest in nominating, placing, and displacing the great Officers of the Kingdom▪ and in regulating the Kings own meniall servants in some cases, when they either corrupt or mis-counsel him. And thus much touching the unhappy differences between the King and Parliament, concerning matters of his own royal Prerogative.

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

T He several grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crown, being fully examined and refuted in the Premises, so far (I hope) as to satisfy all ingenuous men, in point of Divinity, Policy, Law, Reason, Conscience. I shall next proceed to the remaining material Accusations which concern the Subjects only, in regard of Property and Liberty: wherein I will contract my Discourse into a narrow compass; partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Sovereign Jurisdiction, hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses, representing them: partly because these accusations are not so universally insisted on, as the former which concern the King; the justness of them being generally acknowledged, willingly submitted to by most, except such, who calumniate and traduce them, either out of covetousness only to • ave their Pur • es, or from a groundless Malignity against the Parliament, or out of a consciousness of their own Delinquencies, subjecting them to the Parliaments impartial Justice, or out of some particular interests which concern them in their gains, honors, preferments, or such who by their restraints for not paying Parliamentary Assessements, hope to save their purses for the present; or to gain favor and preferment by it for the future. If these private sinister ends were once laid by, this second sort of accusations would speedily vanish, especially with men of public spirits, who prefer the Common-weal before their own particular interests.

The first of these Cavillatory Objections against the Parliaments proceedings is, That both Houses, without the Kings Royal Assent, have contrary to Magna Charta, the Petition of Right, the Statutes De Tallagio non concedendo, and other Acts, by their Ordinances only imposed late Taxes on the Subjects, amounting to the twentieth part of their estates, and since that monthly or weekly Assessements, to maintain a war against the King; a grand encroachment on the people's Properties, contrary to all Law and Justice.

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

First 〈◊〉 an • wer, That the Parliament is the absolute Sovereign power within the Realm, not subject to, or ob • iged by the letter, or intendment of any Laws, being in truth the sole Law-maker, and having an absolute Sovereignty over the Laws themselves (yea, over Magna Charta, and all other objected Acts) to repeal, alter, determine and suspend them when there is cause, as is undeniable by its altering the very common Law in many cases, by repealing, changing many old Statute Laws, and enacting new ones every Sessions as there is occasion, for the public safety and defense. This the practice of all Parliaments in all ages (yea the constant course of all Parliaments and Assemblies of the Estates in all foreign Kingdoms too) abundantly manifests. The Parliament therefore never intended by all or any of these objected Acts, to bind its own hands, but only the Kings and his Ministers, with inferior Courts of Justice, neither is the Parliament within the letter, words, or meaning of them; therefore not obliged by them.

2. The King, with his Officers, Judges, and inferior Courts of Justice only are included, and the Parliament, is directly excluded out of the very letter and meaning of all these Acts; as is apparent. First in general, from the occasion of enacting all these Laws, which was not any complaints made to the King of any illegal taxes, imprisonments, or proceedings of our Parliaments, to the oppression of the people; but only the great complaints of the people and Parliament against the illegal taxes, impositions, imprisonments, and oppressions of the Subject by the King, his Officers, Judges, and inferior Courts of Justice, as all our H • stories, with the Prefaces and words of the Acts themselves attest; to redress which grievances alone th • s • Laws were made by the Parliaments and people's earnest solicitations, much against the Kings good will. The Parliament then (who would never solicit them king of a Law against, or to restrain it self) being clear out of the orignall ground and mischief of enacting these Laws, and the King, with his Ministers, and inferiou • 〈◊〉 is only within them; they can no way extend to the Parliament, but to them alone.

3. The Parliament, 〈◊〉 the making of these Acts, hath always constantly enjoyed an absolute right and power, without the least dispute, of gran • ing and imposing on the Subj • cts whatsoever Taxes, Subsidies, Aids, Confiscations of Goods, or restraint of Liberty by temporal or perpetual imprisonment, it thought meet and necessary for the public defense, safety, and tranquility of the Realm, as the several T • xes, Subsidies, and Poll-monies granted by them in all ages, the many Statutes enjoining confiscation of Lands, Goods, corporal punishments, banishments, temporary or perpetual imprisonments, for divers things not punishable, nor criminal by the Common Law, or when Magna Charta, and the ancient Statutes in pursuance of it were first enacted, abundantly evidence past all contradiction: none of all which the King himself, his Officers, Judges, or inferior Courts of Justice can do, being restrained by the objected Acts. Therefore it is altogether irrefragable, that the Parliament and Houses are neither within the words or intentions of these Acts, nor any ways limited or restrai • ed by them, but left as free in these particulars (in order to the public good and safety) as if those Acts had never been made, though the King, with all other Courts, Officers, Subjects, remain obliged by them.

4. This is evident by examination of the particular Statutes objected: The first and principal of all the rest is Magna Charta, cap. 29. But the very words of this Law:

(not the Parliament) All these, I say, infallibly demonstrate, that this Statute of Magna Charta, did never extend unto the Parliament to restrain its hands or power, but only to the King, his Heirs, Officers, Courts of Justice, and particular subjects. So that the Parliaments imprisoning of Malignants, imposing Taxes for the necessary defense of the Realm, and seizing men's goods, or imprisoning their persons for non-payment of it, is no ways within the words or intent of Magna Charta, as Royalists and Malignants ignorantly clamour; but the Kings, his Officers, Counselors, and Cavall • ers proceedings of this nature are clearly most direct violations of this Law. And that which puts this past dispute are the several Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right itself, all which expressly resolve, that this very objected Law of Magna Charta, extends only to the King himself, his Privy Council, Judges, Justices, Officers, and inferior Courts of Justice, but not unto the supreme Court of Parliament, which no man (for ought I find) ever yet held, to be absolutely obliged by it, before the Kings late recesse from Parliament.

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

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

1 To which I answer, First, that the King by his Oath, duty, the ancient custom and Law of the land ought of right to be always present with his Parliament (as he is now in point of Law) and not to depart from it but in cases of urgent necessity with the Houses free consents, and then must leave Commissoners, or a Deputy to supply his absence. This is not only confessed, but proved by a Book lately printed at Oxford 1642. (with the Kings approbation or permission) entitled, No Parliament without a King, pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested, That Kings were, and ought to be present in their Parliaments, which I have formerly cleared. If then the King, contrary to these Presidents, his Oath, Duty, the Laws and Customs of the Realm, the practice of all his Progenitors, the rules of nature (which prohibit the head to separate it self from the body) and will (through the advice of malignant Counselors) withdraw himself from his Parliament; yea, from such a Parliament as himself by a spceiall Act hath made in some sort perpetual, at the Houses pleasure; and raise an Army of Papists, Delinquents, Malignants, and such like against it, and that purposely to dissolve it, contrary to this very Law of his for its continuance: why this illegal tor • ious act of his (paralleled in no age) should nullify the Parliament, or any way invalid its Imposicions or Proceedings, for their own, the Kingdoms, Peoples, and Religions preservation (all now endangered) transcends any reasonable man's capacity to apprehend.

2 The right and power of granting, imposing, assenting unto Ass • ssements, Taxes, Suosi • i • s, and such like public charges in Parliament, for the public safety, rests wholly in the Commons and Lord's, not King; and is their own free act alone, depending no ways on the Kings assent, nor necessarily requiring his personal presence in Parliament.

This is evident: First by the express letter of the forecited Acts; No Subsidy, Tax, Ayde, Talleage, or Custom shall be set, granted, taken or leavied, but by common consent and grant of the Prelates, Earls, Barons, Knights, Burgesses, and other free men of the Realm in Parliament; or without the assent of the Parliament: so that their grant and assent i • Parliament, (not the Kings) is the only thing that makes them legal and binding to the subject. Now both Houses have granted, ordered, and assented to this Assessement, exceeding not the twentieth part of men's estates; and given order for the leavying of it, and that for the Parliaments, Kingdoms, religions, necessary defense and preservation. Therefore it is obligatory and legal, though the King himself consent not, or disassent thereto, (especially as the present condition of things stands) even by the very letter of these acts.

Secondly, this is apparent by the letter of all our public Acts, for the granting of Subsidies, Ayds, Tenths, Fifteenes, Taxes, Customs, Tonnage, Poundage, or any such like impositions in and by Parliament, either by the Temporalty or Clergy: which Acts run usually in this manner. The Commons of this Realm HAVE GRANTED FOR DEFENCE OF THE SAID REALME▪ and especially for the safeguard and custody of the Sea, a Subsidy, a Subsidy called Tonnage, &c. The Prelates, Earls, Barons, and all the Commons of the Realm willingly and with one assent HAVE GRANTED the ninth Lamb, ninth sheaf, and ninth fleece, &c. And of Cities and Burroughs the ninth part of all their goods and cha ••• ls▪ &c. in aide of the good keeping the Realm as well by Land as by Sea, &c. We your p • ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following, as GRANTED of free hearts and good wills, as the first-fruits of our good wills and hearts, &c. by the advice and Assent of the Lord's spiritual and temporal, GIVE & GRANT, for the defense of your realm, and the keeping and safeguard of the seas, &c. one Subsidy called Tonnage, &c. The Prelates and Clergy, &c. as a special and significant testimony of their loyal affection, &c. with one affection and uniform consent HAVE GIVEN & GRANTED four whole and entire Subsidies. We your Commons assembled in your high Court of Parliament, humbly present your Majesty with the FREE & CHEERFULL GIFT of two entire Subsidies, &c. All Subsidies and Taxes then being the free gift of the Commons, Clergy and P • eres in Parliament, and that only for the defense of the Kingdom by sea and land; it is infallible, that they do, may and can oblige themselves, and those they represent, to pay such public Taxes, to this end, without the Kings concurrence.

Thirdly, this is clear by considering, that the Commons and Lord's in Parliament have always had: 1. And absolute right and power to grant or deny Taxes, Subsidies, aids and assistance as they saw occassion. 2. To proportion the aids and Subsidies granted. 3. To limit the certain manner, ways, and times of paying and levying them; and the persons who shall either pay, assesse, collect, receive, or disburse them. 4. The ends and uses to which they should be employed when leavied, debarring the King oft times (when they saw cause) of any power at all to receive or dispose of them, appointing Collectors, and Treasurers of their own to receive and issue them out again, by the advice and directions of these, as themselves prescribed; for which I shall give you some few instances of note in lieu of many more, that might be remembered. Anno 1237. being the 21 year of Henry the third, The Parliament after many contestations with the King for his fraud, oppressions, favoring of Aliens, &c. to the Kingdoms detriment; the King by Oath pr • m • sing amendment, granted unto him the thirtieth part of all their moveables (excepting ready Money, Horse, and Armor,) to be employed for the Common wealth, and benefit of the Realm; with this condition often annexed, that the King should leave the Counsel of Aliens, and only use that of his natural Subjects. And for more security it was ordained, that four Knights of every Shiere, and one Clerke of the Kings in every several Shiere, shall upon their o • thes collect, receive and deliver the said Subsidy either into some Abbey or Castle, to be safely reserved there, and disposed of for the benefit of the King and Kingdom, by the view and counsel of the Earl Warren or others, when there should be need: Or otherwise if the King f • iled in performance of His promises and grants, it ought to be faithfully restored and distributed to the Country whence it was collected. In the 11. year of King Edward the 2. Anno 1318. The Parliament (not daring to trust this prodigal mis-counseled King with moneys) instead of Subsides, granted him an aide of armed men against the Scots: London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion, whereby a great Army was leavied. The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. & Stat. 2. c. 1. 18. E. 3. Parliament 2 & 3. (forecited at large, part. 2. p. 8. 9.) 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certain Nobles and others, whom they nominate, and appoint Treasurers to receive and issue them to the ends for which they granted them, prescribing them an oath to issue none of them to other purposes, or in any other manner then they prescribed. Yea the Acts of former Parliaments, and this present concerning Tonnage. Poundage, Polemoney, and Subsidies, frequently do the like. Therefore the granting and disposing of those Taxes, Aydes, Subsidies rests wholly in the Commons, and Lord's; and no ways on the King, who commonly desires the Parliament to great them.

Fourthly, this is further evidenced, by the Kings usual answer and assent unto such Bills as these: Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE, & auxy le v • ult; taking it wholly as a free grant from them; which assent in this case is rather formal then substantial, it being the Commons and Lord's own consent only to Bills of this nature, not the Kings, that make the Taxes and Impositions binding as the forecited Statutes, the Petition of Right 3 Caroli; Fortescue, and our Lawbookes resolve, and I have elsewhere manifested more at large. Therefore the want of the Kings assent, or disassent to the Parliaments present ass • ssement for the Kingdoms necessary defense in the present extremity (when the King not only willfully absents himself from, but hath raised Arms against the Parliament) is not material nor simply necessary in point of Law, though usually requisite and necessary for formality sake, at other seasons, to complete such Acts; since Sepenumero Necessitas vincit legem, & quod necessarium est, lici • um est (as this assessement now is) though all formalities be not punctually observed; as is resolved in Dormers case. Cook l. 5. f. 40. b.

Fifthly, it is undeniable, that the Knights, Citizens, Burgesses, and Commons in Parliament, elected by the suffrages of the several Counties, Cities, and Burroughs of England, do really and legally represent all the Commons; and the Lord's and they the whole Realm, and all the people of England: so that what ever Tax is imposed and assented to by them, or by both Houses only without the King (who represents no man but Himself alone) is in point of Law imposed and assented to by all the Commons, and whole Realm of England, (as the recitals in all our Statutes, and Law-books resolve) though the King assent not to it, If therefore (as our Law-books clearly resolve without dispute, and the experience of all Corporations, Parishes, and Manors evidenceth past contradiction) all Ordinances and Bylaws made for the common good of Corporations, Parishioners, Tenants of a Manor, and the like, by all or the greater part of the Corporations, Parishioners. Tenants, and Taxes imposed by them for the Common good (as repairing of Churches, High-ways, Bridges, relief of the poor, and the like) shall bind the rest: even in point of Law, without the Kings assent. Then by the same, or better reason, the imposi • ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament, representing the whole Commons and Realm of England (who actually assent likewise to these Taxes and Assessements in and by them) must and ought in point of Law to oblige all the Subjects in this case of necessity, (at least▪ as long as the Parliament continues sitting, and this their representation of them remains entire;) especially being for the necessary defense of the Parliament, Kingdom, Religion, all our lives, estates, liberties, laws, against an invading Army of Papists and Malignants, in a case of extraordinary extremley. This I shall further clear by some ancient and late judgments in point.

M • ch. 14. Ed. 2. rot. 60. in the Kings Bench William Heyb • rne brought an Action of Trespass against William Keylow, for entering his house and breaking his chests, and taking away 70 pounds in money; the Defendant pleading, Not guilty, the Jury • ound a special Verdict: that the Scots having entered the Bishopric of Durham with an Army, and making great burning and spoils, thereupon the Commonalty of Durham, whereof the Plantiffe was one, met together at Durham, and agreed to send some to compound with them for a certain sum of money to depart the Country and were all sworn to perform what compositions should be made, and to perform what Ordinance they should make in that behalf; and that thereupon they compounded with the Scots for 1600 Ma • kes. But because that was to be paid immediately, they all consented, that William Keylow the Defendant and others, should go into every man's house to search what ready money was there, and to take it for the raising of that sum and that it should be suddenly repaid by the Communalty of Durham: And that thereupon the Defendant did enter into the Plaintiffs house, and broke open the chest, and took the seventy pounds, which was paid accordingly towards that composition. And upon a Writ of Error in the Kings Bench, it was adjudged for the Defendant against the Plaintiffe, that the action did not lie, because he himself had agreed to this Ordinance, and was sworn to perform it, and that the Defendant did nothing but what he assented to by Oath; and therefore is accounted to do nothing but by his consent, as a servant to him and the Commonalty of Durham; therefore he was no tresp • sser. Which case was agreed for good Law by all the Judges, in the late Case of Ship-money argued in the Exchequer Chamber; though neither King nor Parliament consented to this Tax or Composition.

This is the Parliaments present case in effect: The King having raised an Army of Papists, Delinquents, Foreigners, Irish Rebels, disaffected Persons, and actually invading the Kingdom and Parliament with it; Hereupon the Parliament were enforced to raise an Army to defend themselves and the Realm against these Invasions; For maintenance where of, they at first made use only of voluntary contributions and supplies; proceeding only from the liberality of some private persons, best affected to the public service; Which being xehausted, the Lord's and Commons considering what a solemn Covenant and Protestation themselves had made and taken, and the Subjects likewise throwout the Realm, to maintain and defend, as far as lawfully they might WITH THEIR LIVES, POWER AND ESTATES, The true Reformed Prote • taunt R • ligion. &c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT, THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT, And every person that maketh this Protestation, in whatsoever he shall do in the lawful pursuance of the sam, &c. as in the Protestation (made by both Houses consents when fullest:) And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament, for the necessary defense of the Realm, the Subjects, Parliaments Privileges, Rights, and the Reformed Religion (all actually invaded, endangered) by an Ordinance of both Houses, without the Kings consent (then absent from, and in open hostility against them) impose a general Assessement upon all the Subjects, NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES; And for non-payment prescribe a distress, &c. Why, this Assessement in this case of necessity, being thus made by assent of both Houses (and so of all the Kingdom in them) in pursuance of this Protestation, should not as legally, yea more justly oblige every particular subject, though the King assented not thereto, as well as that agreement of the men of Durham, did oblige them even in point of Law, Justice, Conscience, transcends my capacity to apprehend: and if the first Case be Law, as all the Judges then, and of late affirmed, the latter questionless must be much more Legal, and without exceptions, M. 32. and 33. Eliz. in the Kings Bench, in the Chamberlain of London's case, it was adjudged, That an Ordinance made by the Common Council of London only, that all Clothes should be brought to Blackwell-hall, to be there viewed, searched, and measured, before they were sold, and that a penny should be paid for every Cloth for the Officer that did the same, and that six shillings eight pence should be forfeited for every Cloth, not brought thither and searched; was good to bind all within the City, and that an Action of Debt would lie at the Common Law, both for the duty, and forfeiture, because it was for the public benefit of the City and Common-Wealth, M. 38. Eliz. in the Common-Pleas, it was adjudged in Clerks Case; That an Ordinance made by assent of the Burgesses of Saint Albanes, whereof the Plaintiffe was one for ass • ssing of a certain sum of Money upon every Inhabitant, for the erecting of Courts there (the Terme being then adjourned thither from London, by reason of the Plague) with a penalty to be levied, by distress, for non-payment of this Tax, was good to bind • all the Inhabitants there, because it was for the public good. Mich. 31. and 32. Eliz. in the Kings Bench, William • Iefferies Case, and Pasch. 41. Eliz. Pagets Case, it was resolved; That the Church-Wardens with the greater part of the Parishioners assents, may lay a Tax upon all the Parishioners, according to the quantity of their Lands and Estates, or the number of Acres of Land they hold (the Tax there was four pence an Acre for Marsh-Land, and two pence for Earable) for the necessary reparation of the Church; and that this shall bind all the Inhabitants, so as they may be Libelled against in the Spiritual Court for non-payment thereof, and no prohibition lieth. The like hath been resolved in sundry other Cases. And, by the Common-Law of England whereby the breach of Sea-Walls, the Country is, or may be surrounded, everyone who hath Lands within the level or danger, which may have benefit, or loss, by the inundation, may and shall be enforced to contribute towards the repair, and making up of the Sea-walls, and a reasonable Tax assessed by a Jury, or the Major-part shall bind all the rest, because it is both for their own private, and the common good. If the Law be thus unquestionably adjudged in all these Cases, without the Kings assent, then much more must this Assessement imposed by both Houses be obligatory, in point of Law and Justice, though the King consented not thereto, since the Houses, and whole Kingdom consented to it, for their own defense and preservation.

Sixthly, This is a duty inseparably incident by the Fundamental Law, and original compact of every Kingdom, City, Corporation, Company or Fraternitie of men in the World; that every Member of them should contribute proportionably upon all occasions (especially in Cases of imminent danger) toward the necessary charges, defense, and preservation of that Kingdom, City, Corporation, Company, or Fraternitie, of which he is a Member, without which contribution, they could be neither a Kingdom, City, Corporation, Company, Fraternitie, or have any continuance, or subsistence at all; Which Contributions are assessed by Parliaments in Kingdoms, by the Aldermen, or Common-Council in Cities, by the Master and Assistants in Fraternities, and what the Major part concludes, still binds the Residue, and the dissent of some (though the Major, or Master of the Company be one) shall be no obstacle to the rest. This all our Acts concerning Subsidies, Aydes, Tonnage and Poundage the daily practice and constant experience of every Kingdom, City, Corporation, Company, Fraternitie in the World, manifests past all contradictions; which being an indubitable verity, I think no reasonable man can produce the least shadow of Law or Reason, why the Parliament representing the whole Body of the Kingdom, and being the supreme Power, Counsel, in the Realm; bound both in Duty and Conscience, to provide for its security, may not in this Case of extremity legally impose this necessary Tax, for their own, the Kingdoms, Subjects, Laws, Religions preservations (of which they are the proper Judges, Guardians) and should not rather be credited herein then a private Cabinet Court-Counsel of persons disaffected to the Republic, who impose now far greater Taxes on the Subjects, and plunder, spoil, destroy them everywhere directly against the Law, of purpose to ruin both Parliament, Kingdom, Religion, Laws, Liberties, and Posterity.

Seventhly, It is confessed by all, That if the King be an Infunt, Non-Compos absent in Foreign remote parts, or detained prisoner by an Enemy, that the Kingdom or Parliament in all such Cases, may without the Kings actual, personal assent, create a Protector or Regent of their own Election, and not only make Laws, but grant Subsidies, impose Taxes, and raise Forces for the Kingdoms necessary defense, as sundry domestic and foreign Presidents in the preceding Parts, and Appendix, evidence; And Hugo Grotius, Junius Brutus, with other Lawyers acknowledge as a thing beyond all dispute. Nay, if the King be of full age, and within the Realm, if a foreign enemy come to invade it, and the King neglect or refuse to set out a Navy, or raise any Forces to resist them, The Lord's and Commons in such a Case of extremity may, (and are bound in Law and Conscience so to do) for their own, and the Kingdoms preservation, not only in and by Parliament, but without any Parliament at all (if it cannot be conveniently summoned) lawfully raise forces by Sea and Land, to encounter the Enemies, and impose Taxes and Contributions to this purpose on all the Subjects by common consent, with clauses of distress and imprisonment in case of refusal, as I have elsewhere proved. And if in Case of invasion, even by the Common-Law of the Realm, any Captains or Soldiers may lawfully enter into another man's ground and there encamp, muster, or build Forts to resist the Enemy, or pull down the Suburbs of a City, to preserve the City itself, when in danger to be fired or assaulted by an Enemy, without the special consent of King, Parliament, or the Owners of the Lands, or Houses, without Trespass or offense, because it is for the public safety, as our Law Books resolve; Then much more may both Houses of Parliament, when the King hath through the advice of ill Counselors willfully deserted them, refused to return to them, and raised an Army of Papists and Malignants against them and the Realm (now miserably sacked and wasted by them, as bad as by any foreign Enemies) both take up Arms, raise an Army, and impose Assessements and Contributions by Ordinances, unanimously voted by them, against which no Lover of his Country, or Religion, no nor yet the greatest Royallist, or Malignant, can with the least shadow of Law or Reason, justly except.

Eighthly, If they shall now demand what Presidents there are for this? I Answer: First, That the Parliament being the Sovereign Power and Counsel in the Realm, is not tied to any Presidents, but hath power to make new Presidents, as well as new Laws, in new Cases and mischiefs; where there are no old Presidents, or vary from them though there be ancient ones, if better and fitter Presidents may be made; as every Court of Justice likewise hath Power to give new Judgments, and make new Presidents in new Cases, and may sometimes swerve from old Presidents, where there were no ancient Presidents to guide them; even as Physicians invent new Medicines, Surgeons new Emplaisters for new Diseases, Ulcers, or where old Medicines and Balsomes, are inconvenient, or not so proper as new ones. And as men and women daily invent and use new Fashions at their pleasure, & Tradesmen new Manifactures without license of King or a Parliament, because they deem them better or more comely then the old. Secondly, I might demand of them, by what old domestic lawful Presidents, His Majestis departure from the Parliament, His Levying War against it, His proclaiming many Members of it, Traitors, and now all of them Traitors and no Parliament; His unvoting of their Votes in Parliament, out of Parliament; His imposing of Taxes and Contributions in all Countries where His Forces are, beyond men's estates, and annual revenues; His burning, sacking, pillaging, murdering, ruining, of His own Kingdom, Subjects, both by Sea and Land, and putting them out of His regal Protection; His raising of an A • my of English, Irish, Scottish, French, and Germane Papists to maintain and settle the Protestant Religion among us, (which they have plotted totally to extirpat; as appears by their proceedings in Ireland, England, and the late plot discovered among the Archbishops Papers) and the like, are warranted? (which questions I doubt would put them to a non-plus, and silence them for eternity:) yet to satisfy their importunity, and stop their clamorous mouths; I shall furnish them in brief, with some Presidents in point in all States, and Kingdoms of note informer in latter times, and in our own Realm too; In all the civil wars between Kings and Subjects, in the Roman and Germane Empires, France, Spain, Aragon, Castile, Hungary, Bohemia, Poland, Denmark, Scotland, and other Kingdoms mentioned in the Appendix; They shall find that the general Assemblies of these States, Lord's & Commons, without their Emperors or Kings assents, did both raise Forces, impose Taxes, yea, and seise on the Imperial and Royal Revenues of the Crown to support their wars, against their Tyrannicall oppressing Princes. In Flaunders heretofore, and the Low-Countries of Late years, th • y have constantly done the like; as their Excises long since imposed, and yet on foot by common consent (without the King of the Spain's good liking) to preserve their Liberties, Religion, Estates, from the Spanish Tyranny, witness; which everyone willingly at the very first imposition, and ever since hath readily submitted to, being for the public preservation. The like hath been done in former ages, and within these five years in the Realm of Scotland; the same is now practiced even without a Parliament by the Popish Rebels both in Ireland and England, who have laid Taxes upon all Ireland, and all the Romanists in England, for the maintenance of this present Rebellion; and yet neither King, nor his Counsel, nor Royalists, nor Malignants (for ought I can read or hear) have ever so much as once written or spoken one syllable against it, when as many large Declarations, Proclamations, Inhibitions in His Majesty • s Name, and at least forty several Pamphlets have been published by Malignants against this Assessement of the Parliament, and the Levying, or paying thereof, strictly prohibited under pain of high Treason; such a grand difference is there now put by the Royal Court-party (to the amazement of all intelligent men) between the Irish Rebels, (now the Kings best Subjects as it seems) who may do what they please without censure or restraint; and the English (now un-Parliamented (Parliament, though perpetuated by an Act of Parliament) who may do nothing for their own, or the Kingdoms safety, but it must be high Treason at the least O temporâ ô mores: Quis talia fando temp • ret a lachrymis? Add to this, That the Lord's Justices and Council in Ireland, the twenty nine of June, 1643, have without authoriti • of Parliament or King, for their present necessary defense, against the Popish Rebels there, imposed an Excise upon most commodities in that Realm, here lately Printed; which no man can deem Illegall in this case of absolute necessity. But to come close home unto ourselves; who is there that knows ought in history and policy, but must needs acknowledge • , That the Britons and Saxons wars of this Realm, against their oppressing Kings, Archigallo, Emerian, Vortig • rne, Sigebert, Osred, Æthelred, B • ornard, Leow • lfe, Edwin, (whom th • y deposed for their Tyranny and mis-Government; ) That our Barons long-lasting bloody wars against King John, Henry the third, Edward the second, Richard the second, and others fore-mentioned; were maintained by public Assessements and Contributions made by common consent, even without a Parliament, and with the Revenues and Rents of the very Crown, which they seised on, as well as the Castles and Forts? This being a true rule in Law, Qui sintit commodum, sentir • debet & onus; All the Kingdom had the benefit, of regaining, preserving, establishing their Fundamental Charters, Laws, Liberties, by those wars; therefore they deemed it just, that all should bear a share in the charge and burden, by voluntary Assessements without King or Parliament.

During the absence of King Edward the third in France; The Lord's and Commons in Parliament, for the defense of the Realm by Sea and Land, against foreign Enemi • s; granted an aid of the ninth Sheaf, Lamb, and Fleece, besides many thousand Sacks of W • oll, and the ninth part of other men's Estates in Towns and Corporations, and disposed both of the Money and Militia of the Realm, for its defense, as you heard before: The like did they during the Minorities of King Henry the third, King Richard the second, and King Henry the sixth, as the premises evidence, without those Kings personal assents. Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans, and foreigners, to aid his Brother, King Henry the third, against the Barons; thereupon, the Barons sent out a • leet to encounter them by Sea, and prepared a strong Army of Horse and Foot by Land, that if they prevailed against them at Sea, (which they fear • d not,) yet they might valiantly and constantly entertain and repulse them, on the shore and dry Land; which the King of Romans being informed off, disbanded his forces, and came over private • lie with three Knights only attending him. This was done without the Kings assent, and yet at public charge. When King Richard the first was taken prisoner by the Emperor in his return from the holy Land, by Authority of the Kings Mother, and the Kings Justices alone (without a Parliament) it was decreed, that the fourth part of all that years Rents, and of all the moveables, as well of the Clergy, as of the Laity, and all the Woo •• des of the Abbots of the Order of the Cistersians, and of Semphringham, and all the Gold and Silv • r Chalices, and Treasure of all Churches should be paid in, toward the freeing and ransom of the King; which was done accordingly. If such a tax might be imposed by the Queen Mother, and Justices only, without a Parliament, for ransoming the King alone from imprisonment, may not a tax of the twentieth part only of men's estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King, for the defense and perservation, both of the Parliament and Kingdom to, when hostily invaded by the King?

In few words, the King and his Council, yea his very Commanders▪ (without his special Commission or advice) have in many Countries imposed large monthly, weekly Contributions and Assessements on the People, beyond their abilities and estates; yea, upon the very Speaker and Members of the Commons, and Lord's House, (notwithstanding their Privileges of Parliament, which they say they will maintain) to the utter impoverishing, and ruining of the Country; yea, they have burned, sacked, plundered, many whole Towns, Cities, Counties, and spoiled thousands of all they have, contrary to their very Promises, Articles, Agreements, which they never faithfully observe to any in the least degree; and all this to ruin the Kingdom, People, Parliament, and Religion; yet they justify these their actions, and the Parliament, People, must not control, nor deem them Traitors to their Country for it: And may not the Parliament then more justly impose a moderate in-destructive necessary tax without the King, for the Kingdoms, Religions, and Peoples defense and preservations, against their barbarous Taxes, Plunderings, and Devastations, then the King, or his Commanders, Soldiers play such Rex, and use such barbarous oppressions without, yea against the Parliaments Votes and consents? Let them therefore first cease their own most detestable unnatural, inhumane practices, and extortions of this nature, and condemn themselves, or else forever clear the Parliament, from this unjust Aspersion.

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

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

Secondly, For the Parliaments imprisoning of men pretended to be against Magna Charta: I answer first, That the Parliament is not with in that or any other Law against imprisonments, as I have formerly cleared; Therefore is not obliged by it, nor can offend against it: Secondly, That it hath power to imprison, restrain the greatest Members of their own Houses , though privileged men, exmept from all other arrests; and public persons representing those that sent them thither: Therefore much more may they imprison, or restrain, any other private persons, notwithstanding Magna Charta. And the Parliament being the supremest Iudicaturo paramount all other Courts, their commitments cannot be Legally questioned, determined, nor their prisoners released by Habeas Corpus, in or by any other inferior Court or Judicature whatsoever. 3. The Parliament hath power to make new Laws for the temporal and perpetual imprisonment of men, in mischievous cases, where they could not be imprisoned by the Common Law, or any other Act before or since Magna Charta; and so against the seeming letter of that Law w ^ch extends not to the Parliament; and what persons they may restrain, imprison by a new enacted Law, though not restrainable before by a Magna Charta, or the Common Law, without breach of either, they may whiles they sit, in case of public danger, restrain, imprison, by their own Authority, without, or before a new Law enacted. In how many new Cases, by new Statutes made since Magna Charta, the Subjects may be lawfully imprisoned, both by Judges, Justices, Majors, Constable, and Inferior Courts or Officers; whereas they could not be imprisoned by them, by the Common Law, before these Acts, without breach of Magna Charta, and violating the Subjects Liberties, you may read in the Table of Rastals Abridgements of Statutes, and in Ashes Tables. Title Imprisonment, and False-Imprisonment; Yea, by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary, cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts, perpetual imprisonment, during life, is inflicted in some cases, for which no imprisonment at all could be prescribed before these Acts, and for crimes, for which the parties were not formerly punishable; yet for the public weal, peace, safety, and prevention of private mischiefs, even against the Letter (as it were) of the great Charter the Parliament hath quite taken away all liberty, the benefit of the Common Law, and of Magna Charta itself, from parties convicted of such offenses, during their natural lives; and if they bring an Habeas Corpus in such cases, pretending their perpetual imprisonment, and these latter Laws to be against Magna Charta, they shall notwithstanding be remanded and remain prisoners all their days, because the Parliament is above all Laws, Statutes, yea Magna Charta; and may deprive any Delinquents of the benefit of them, yea, alter or repeal them, for the common good, so far as they see just cause; Though neither the King, nor his Counsel, nor Judges, nor any Inferior Officers, or Courts of Justice, have any such transcendent power, but the Parliament alone, to which all men are parties, really present, and allowing all they do; and what all assent to, decree for the common good and safety, must be submitted to by all particular persons, though never so mischievous to them; this being a Fundamental Rule even in Law itself , That the Law will rather suffer a private mischief, then a general inconvenience. Seeing then the Parliament to prevent public uproars, sedition, treachery, in or against the Kingdom, Cities, Houses, or Counties, where factious persons live, hath thought meet to restrain the most seditious Malignants, (especially these about London and Westminster where they sit) and to commit them to safe custody, till they receive some good assurance of their peaceable behavior; they must patiently suffer their private restraints for the common safety, tranquility, till the danger be past, or themselves reformed; who if they reform not their own malignity, not the Parliaments cautelous severity, themselves must be blamed, since they detain themselves prisoners only by not conforming, when as the Parliament desires rather to release, then restrain them, if they would be regular; and so they must blame themselves alone, not clamour against the Houses. All Leprous persons by the Levitical and Common Law, were to be sequestered and shut up from others, least they should infect them; and so all persons visited with the Plague by late Statute Laws may be shut up, without breach of Magna Charta. Why then not Malignant, seditious ill affected persons, who infect others in these times of Commotion and Civil Wars, as well as Leapers and Plague sick persons, removed into Pest-houses, for fear of spreading the Infection upon the self-same grounds, by the Houses Authority? The Parliament by an Ordinance, Act, or Sentence, hath Power to banish men out of the Kingdom in some cases (which no other Court, nor the King himself can lawfully d • , as was expressly resolved in Parliament, upon the making of the S • atute of 35. Eliz. cap. 1.) as is evident by the case of Thomas of Weyland, An. 9. E. 1; Of Peirce Gav • ston and the two Spencers in King Edward the second his reign. Of the Lord Maltravers in Edward the third his reign; Of Belknap and divers, over Judges in the 10 and 11 y • ers of Richard 2. his reign, by the Statutes of 33. El. c. 1. Separatists, and of 39. El. c. 5. Rogues are to be banished: and in Calais heretofo •• , a woman might be justly banished the Town for adultery; and a scould at this day after three convictions is to be banished out of Westminster, and rowed over the Thames from thence thorough the water at the tail of a Boat, for the quiet of the City. Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harm, till the wars and troubles be ended, or themselves reclaimed. Fifthly, By the Common and Staetute Law of the Realm, yea by Magna Charta itself, cap. 30. the Lands, Rents, Goods, and Persons of Priors, and other aliens, Merchants, or others, residing in England may be, and have been usually seized on, and s • cured, or else their persons banished the Realm, and lorders of England, during the wars with others of that Nation, least they should assist them in the wars with their Estates, persons, or intelligences, or betray the Kingdom, or places where they resided to the Enemy; And upon this ground by the express Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7, 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish, Britons, Welshmen, and Scots, because we had frequent War • with them, were not permitted to purchase either Houses or Lands, or to remain in any Fort, Town, or City, near the Borders of Scotland, or W • l • s, but banished thence, and their Goods. and persons, seised on in times of war, to prevent tr • achery, intelligence, and assistance of the Enemy A thing generally practiced and warranted in all States and Kingdoms, (as well as in England, ) • y the very Law of Nations, as just and necessary in times of wars; as Martinus Laudensis de Repraesaliis & de Bello, Henricus Ranzovius his Commentarius Bellicus, Geergius Obbr • ctus: Dispute: Iuridica de Bello, Henricus Boe • rus de Iure Pr • gnae, Hugo Grotius, & Albericus Gentilis, in their Books de Iure Belli, and all Historians evidence: Therefore lawful for the Parliament to practice at this present, as well as the King, or any others. Sixthly, In times of Foreign Invasions▪ the Parliament hath enjoined all Inhabitants near the Sea-coasts or Marches of Scotland and Wal • s, to repair to their Houses and Lands there • , with all their Families, for the d • fence and safety of the Realm, under pain of imprisonment, and confi • cation of their Goods, and Revenues there, and elsewhere, as is evident by 13. E. 3. nu. 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the Statutes confining Papists, to their Houses, and sundry other Presidents. Therefore by like reason they may confine Malignants in times of war, for the public peace and safety, and disarm them to for a time; a, Constables may by the Law, disarm and imprison peace-breakers, fray-makers, rioters, and others to prevent bloodshed, quarrels, and preserve the public peace.

Thirdly, For the plundering of Malignants, and sequestering their Estates; I answer, that, I think the Parliament never yet approved the plundering (or in plain English, robbing) of any man, by any of their forces; they having plundered no places taken by assault, for ought I hear; though the Kings forces on the contrary, have miserably plundered all the Kingdom almost, (except the Papists who are most exempted from this rapine, and some few, chief Malignants,) yea, those very Persons, Soldiers, Cities, Towns, which by their very Articles of surrender, were not to be plundered; (witness, Taunton, Bridgewater, Bristol, Gainsbo • ow, where many have been pillaged to their naked skins, notwithstanding their Ariticles of agreement, solemnly sworn, to depart quietly with bag and baggage, without interruption, and the Towns to be free from plunder) contraty to the very Law of war, and Arms; which may instruct all others not to trust them henceforth. If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons, more then by seising, of their Arms, distraining their Goods for imposed Assessements; or sequestering their Plate, Moneyes, Estates, for the public service upon promise of repayment and restitution; I know the Houses have publicly, by express Ordinances, inhibited, disavowed the fact, and exposed the disorderly Delinquents to condign punishments, even to the loss of their lives, if any please to prosecute them by way of inditement or Martial Law. For my part I abhor all violence, plunder, rapine, and disorders in Soldiers, as contrary to the Law of God, Obadiah 10. to 16. Luke 3. 14. and leave those who are guilty of them to the severest public justice, as offenders against the Law of Nature, of Nations, of the Land, yea, of War itself: But God forbid the Parliament should be unjustly charged with all the misdemeanors of their Soldiers, which they prohibit, detest, censure; more then the King with all the barbarous rapes, murders, cruelties, rapines, and monstrous insolencies, which his Cavaliers everywhere perpetrate without punishment or restraint; especially the blood-thirsty Irish Popish Rebels among them: who having shed so much English Protestants blood in Ireland, ere they came over hither, of which they vaunt, is such an high dishonor to God, and the English Nation, if their own blood be not shed for it by the hand of vengeance here; that I wonder with what face or spirit, His Maj • sty or any English Protestant can patiently suffer these Irish Rebels to shed anymore Protestant English blood, or breath in English air, who have cut the throats of so many thousand innocent English, both here and elsewhere, and are like to cut all our throats ere long (as they have designed) unless their throats be first cut by us. But yet for the plundering of such Malignants goods, and houses, who are opposite to the whole Kingdom and Parliament, and will not join with them in the common cause, which concerns us all; as it hath sundry patterns in the Barons Wars, against the Poictovines and their faction, in Henry the third his reign, and after wards against the Spensers, in Edward the second days formerly touched; so it hath one observable general resolution of the whole body of the Lord's and Commons, warranting it in King John's reign, even then when they all took up Arms to enforce him to confirm the great Charter itself, which our Opposites cry out to be violated by the Parliaments moderate s • isures, only by way of distress or sequestration: For the Barons, Knights, and Commons, with their whole Army being met together in London, which joined with them to gain this Charter from the King; sent from thence Letters to all the Earls, Barons and Knights throughout England, who seemed (though but feinedly) to adhere to the King, exhorting them with this Commination; That as they loved the indemnity of their Goods, and possessions, they should desert a perjured King, and adhearing faithfully to them, should with them inviolably stand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, th • y would with force of Arms, and Banners displayed, MARCH AGAINST THEM AS PUBLIKE ENEMIES, SUBVERT THEIR CASTLES, BURN THEIR HOUSES AND EDIFICES, AND NOT CEASE TO DESTROY THEIR PONDS, PARKES, AND ORCHARDS. Whereupon all the Lord's, Knights, and People, deserting the King, who had scarce seven Knights i • all left with him, confederated themselves to the Barons in the Common Cause. (wherein to be a Neuter, was to be an enemy, and no member of the political body, in which all were equally engaged.) Whereupon the King thus deserted by all condescended speedily to their demands, and confirmed the great Charter much against his will. A very apt President for these times, which would make the people more unanimous, faithful, and courageous for the Common Cause, if but imitated in the commination only, though never put into actual execution; he being unworthy once to enjoy any privilege of a free-born Subject in the Kingdom, who will not join with the Parliament and Kingdom, to defend his Liberty, and the Kingdoms privileges, in which he hath as great a common share, as those who stand, pay, and fight most for them. It is a good Cause of disfranchising any man out of any City, Corporation or Company, and to deprive him of the Privileges of them, if he refuse to contribute towards the common support, defense, or maintenance of them, or join in open hostility, contributions or suites against them. There is the same and greater reason of the general City and Corporation of the whole Realm, to which we are all most engaged; and therefore those who refuse to contribute towards the defense and preservation of it, if able; or by their persons, purses, intelligence, or counsel, give any assistance to the common enemy against it, deserve to be disfranchised out of it, to have no privilege or protection by it, and to be proceeded against as utter enemies to it, Christ's rule being here most true, He that is not with me, is against me; and he that gathereth not with me, scatter • th abroad. The Common-wealth of which we are members, hath by way of original contract for mutual assistance and defense (seconded by the late Protestation and Covenant) a greater interest in our Persons, and Estates, then we ourselves, or the King; and if we refuse to aid the republike, of which we are members in times of common danger, with our Persons, Abilities, Goods; or assist the common enemy with either of them; we thereby betray our trust and fidelity, violate our Covenants to the Republic, and expose our bodies to restraint, our estates to confiscation, for this most unnatural treachery, and sordid nigguardlinesse (as well as for Treason, Fellony, or other more petty injuries against the State, or human society, made capital by the Laws) most justly, for the public service of the State, which hath a general Sovereign Interest in them in all times of need, paramount our private Rights, which must always submit to the public: and lose all our formerly enjoyed Privileges, either of Laws, Liberties, or free-born Subjects, if we refuse to defend, or endeavor to betray them, as the Laws and common practice of all Nations evidence. In the Barons wars against King John, Henry the third, and Edward the second, in defense of their Liberties, and Laws, they seised upon the Castles, Forts, and Revenues of the Crown, and upon the Moneyes, and Goods of the Priors aliens, and malignant Poictovines, which they employed in the Kingdoms service Eodem tempore Castellanus de Dovera, Richardus de Gray, vir fidelis & strenuus, qui ex parte Baronum ibidem constituebatur, omnes transeuntes & transituros, diligenter considerabat, cuncta prudenter perscrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictaviensibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THE SAURUS MAXIMUS, de cujus quantitate audientes mirabantur, quem reposuerunt Pictavienses memorati, licet contradicentes reniterenter Hospitelarii, CAPTUS cst; AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS, writes Rishanger the continuer of Matthew Paris; a good President for the present times: After which the Barons banished all the Poictovine Malignants, who miscounselled and adhered to the King, out of England, Anno 1260; who Anno 1261. were all banished out of London, and other Cities, and Forts. An. 1234. The Earl Marshall having routed John of Monmouth his forces (which assisted King Henry the third against the Barons) in Wales, he wasted all the said Johns Villages and Edifices, and all things that were his, with sword and fire, and so of a rich man, made him poor and indigent. In the very Christmas holy-days, there was a grievous war kindled against the King and his evil Counselors. For Richard Suard conjoining other Exiles to him, entered the Lands of Richard Earl of Cornwall, the Kings brother, lying not far from Behull, and burned them, together with the Houses, and the Corn • , the Oxen in the Ox-stalls, the Horses in the stables, the Sheep in the Sheep-cots: they likewise burned Segrave the native solely of Stephen, Iusticiar of England, with very sumptuous Houses, Oxen, and Corn; and likewise brought away many horses of great price, returning thence with spoils, and other things. They likewise burned down a certain village of the Bishop of Winchesters, not far from thence, and took away the spoils, with other things there found. But the foresaid Warriers had constituted this laudable general rule among themselves, that they would do no harm to any one, nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING▪ by whom they were banished; and those things that were theirs, they burnt with fire, extirpating their Woods, Orchards, and such like by the very Roots. This they did then de facto; de Jure, I dare not approve it, though in Cases of Attaint and Felony, the very Common Law to terrify others, gives sentence against perjured Juries, Traitors, and Felons, in some Cases, that their houses shall be raced to the ground, their Woods, Parkes, Orchards, Ponds, cut down and destroyed; their Meadowes, and Pastures, plowed up and defaced, though not so great Enemi • s to the State, as evil Counselors. Anno 1264. the forty eight years of Henry the third his reign; The King keeping his Christmas with the Queen, Richard King of Romans, and many others at London, Simon Montford the Captain of the Barons at the same time, preyed upon the Goods of these who adheared to the King, and especially those of the Queens retinue, brought by her into England, whom they called Aliens. Among others, some of the Barons forces took Peter, a Burgundian, Bishop of Hereford, in his Cathedral Church, and led him prisoner to the Castle of Ordeley, and divided his treasure between themselves; and took divers others of the Kings party prisoners. Who thereupon fearing least he should be besieged in the Tower by the Barons army, by the mediation of timorous men, be made peace with the Barons for a time; promising inviolably to observe the Provisions of Oxford, that all the Kings Castles throughout England, should be delivered into the custody of the Barons; that all Aliens within a certain time should void the Realm, except those who should be thought faithful thereunto by the unanimous consent of the Kingdom, and that faithful and profitable natives of the Realm, should thenceforth dispose of the affairs of the Kingdoms under the King. But THE QUEEN instigated with foeminine malice, contradicted it all she could, wh • ch made the people revile, and cast dirt and stones at her, as she was going to Windsore, enforcing her to retire again to the Tower. How William Long shamp Bishop of Eli, Lord Chancellor of England, Earl John, and others, when they disturbed the peace of the Realm, and turned Malignants, were apprehended, besieged, imprisoned, excommunicated, and their Goods, and Castles, seised on by the Lord's and Commons, out of Parliament, yea, during the time of King Richard the first his absence and captivity, you may read at large in Roger de Hovedon, Holinshed, Daniel, and others. Why then the Lord's and Commons in Parliament may not now much more do the like, • or their own, and the whole Kingdoms safety, I can yet discern no shadow of reason. I will not trouble you with Histories, showing what violent unlawful courses, Kings and People have sometimes used to raise monies in times of war, by sacrilege, rapine, and all manner of indirect means; I rather wish those Presidents, and their occasions, buried in eternal silence, then reduced into practice; and verily persuade myself, that every ingenuous true born Englishman, who hears a real natural affection to his Country, or a Christian love to his Brethren, the Parliament, and Religion, will according to his bounden duty, the Protestation, and Covenant which he hath taken, rather freely contribute his whole estate, if need so require, towards the just defense of his Country, Liberty, Religion, and the Parliament, against the treacherous Conspiracies of the Pope, Jesuits, foreign Catholics, Irish Rebels, English Papists, and Malignants, who have plotted their subvertions, then repine at, or neglect to pay any moderate Taxes, which the Parliament shall impose, or enforce the Houses to any extraordinary ways of Levying Moneyes, for want of ordinary voluntary supplies, to maintain these necessary defensive wars.

I shall close up all in a few words. The Parliament hath much against their wills, been enforced to this present defensive war, which they have a most just, and lawful power to wage and manage ( as I have elsewhere evidenced ) by the Fundamental Laws of the Realm, yea, by the Law of God, of Nature, of Nations

This war cannot be maintained without Moneyes, the sinews of it; wherefore when voluntary contributions fail, the Houses may by the same Laws which enabled them to raise an Army without the King, impose necessary Taxes for the maintaining of it, during the wars continuance, else their Legal power to raise an Army for the Kingdoms defense, would be fruitless, if they might not Levy Moneyes, to recrute and maintain their Army, when raised: which Taxes if any refuse to pay, they may for this contempt, be justly imprisoned, as in cases of other Sud • idies; and if any unnaturally war against their Country, or by way of intelligence, advise, or contribution, assist the common Enemy, or s • duce, or withdraw others (by a factious slanderous speeches against the Power and Proceedings of the Parliament,) from assisting the Parliament in this kind, they may for such misdemeanors (upon conviction) be justly censured, confined, secured, and their estates sequestered, rather then the Republic, Parliament, Religion, or whole Kingdom should miscarry: It is better that one should perish, then all the Nation; being the voice of God, Nature, and resolution of all Laws, Nations, Republics, whatsoever. If any heretical, scismaticall, or vicious persons, which may poison others with their pernicious false doctrine • s, or vicious wicked lives, appear in the Church, they may after admonition, if they repent not, yea, and de facto, are, or ought to be excommunited, the Church, and society of all faithful Christians, so as none may, or ought to converse with them till their repentance. If this be good Law and Divinity in the Church; the banishing and confining of pestilent Malignants in times of war, and danger, must by the self-same reason be good Law and Divinity in the State.

• I have now (by God's assistance) notwithstanding all distracting Interruptions, Avocations, Remoraes incountring me in this service; ran through all Objections of moment, which the King, or any opposites to this Parliament, have hitherto made against their proceedings, or jurisdictions; and given such full answers to them, as shall, I trust, in the general, abundantly clear the Parliaments Authority, Innocency, Integrity, against all their clamarous malignant Calumnies, convince their Judgments, satisfy their consciences, and put them to everlasting silence, if they will without prejudice or partiality, seriously ponder all the premises, and ensuing Appendix, which I have added for their further satisfaction, information, conviction; and the confirmation of all forecited domestic Laws, Presidents, by foreign examples and authorities of all sorts. And if any shall yet continue obstinate and unresolved after so many convincing Reasons, Presidents, Authorities, or still retain an ill opinion of the Parliaments proceedings; I shall desire them only seriously to consider, the most execrable conspiracy of the Pope, Jesuits, and Popish party in all His Majesty's three Realms to extirpate the Protestant Religion, subvert the Government, Parliament, and poison the King himself, (if he condescend not to their desires, or cross them in their purposes,) whom they have purposely engaged in these wars, still continued by them for this very end, to enforce the King to side with them, and so gain possession of his person, to accomplish this design of theirs, (as is clearly evidenced to all the world, by Rome's Master-Peece, the English Pope, the Declaration of the Lord's and Commons, concerning the Rise and Progress of the Irish Rebellion, ) and then advisedly to consider in what great present danger the Kingdom, King, Parliament, and Religion are, when the Popish Partie, and forces now in Arms have gained the Kings, Princes, and Duke of Yorkes persons into their custody, the Cities of Chester, and of late Bristol, the Keys of England, with other Ports, to let in all the Irish Rebels upon us, to cut our throats in England, as they have cut above an hundred and forty thousand of our Protestant brethren's throats already in Ireland, it being one part of their design, now presently to be executed, as appears by sundry Examinations in the Irish Remonstrance; for which end, some thousands of Irish Rebels (who have all embrued their hands there in English blood,) are already landed here, and are in great favor and command about the King; To which, if they add the omnipotent over-ruling power of the Queen (the Head of that party) with the King, and his Council, in disposing all Officers, all places of command and trust under him: The Confederacie and Contributions of foreign Popish States, to maintain this war to ruin the Parliament, Kingdom, Religion, and re-establish Popery in its universal extent; with the large of progress the Papists have lately made in Ireland, Scotland, and England, to accomplish this their long-agitated Conspiracie; and the late strange proceedings in Ireland, where the best Protestants are displaced, disgraced, restrained; the Popish Rebels advanced, and a truce negotiated, if not fully concluded with the Rebels, to the end that all their forces may be speedily transported hither to ruin our Religion, and cut all our throats (enough to awake the most stupid English spirits, and rouse them, up to a speedy unanimous resolution to unite all their purses, and forces to the Parliament, against the Popish Conspirators, and these bloody Butchers now ready to devour us:) and then I doubt not, if they have any true love to God, Religion, King, Country, themselves, or their Posterities, they will soon change their former opinions and practices against the Parliaments just proceedings and join hearts, hands, forces, yea, their uttermost endeavors with them, to prevent and ward off that imminent destruction which now hangs over our heads, and will in short time wholly ruin us, if God open not our eyes, and unite not all our hearts and minds unto the Parliament, with one unanimous resolution to oppose these cursed Confederates, who have plotted, occasioned all these wars and miseries, under which our Kingdoms now groan and languish; which long plotted Treacherie in human probability can no ways be prevented, nor a settled peace, and Reformation established, but with the total suppression of the Popish party now in Arms, and by rescuing His Majesty's person, Children, forces out of their Trayterly hands and power, whose death they have conspired long ago, if he refuse to grant them an universal open toleration of their Antichristian Religion, in all His Kingdoms, and then to seise upon the Prince, and train him up in their Religion; which how easy it is for them to effect, now they have the King, Prince, Duke, the Kings Forts, his Forces in their power, yea potent Armies of their own in the field here, and such a force of Irish Rebels now ready to be shipped over to Chester, Milford, and Bristol, for their assistance, and enfor • ement, to over-power the Protestant party in the Kings Armies, no understanding man can withou • fear and trembling, co • sider.

O then, if ever we will show ourselves faithful, valiant, courageous, magnanimous, bountiful, really cordial, and loyal to our King, Kingdoms, Country, Parliament, Religion, Laws, Lives, Liberties, Kinred, Families, Posterities; Let all who profess themselves Protestants lay aside all causeless jealousies and prejudices against the Parliament, or any others; and now speedily unite all their Prayers, Hearts, Hands, Purses, Forces, Counsels, and utmost endeavors together, to defend, secure them all against these foreign and domestice Jesuitical Romish Confederates; and if any prove traitorous, fearful, cowardly, unfaithful, base, or faint-hearted in this public Cause, as too many, (who deserve to be made spectacles of treachery and cowardice to posterity, and cannot without injustice or dishonor to the Parliament and Kingdom, be suffered to scape scot-free, without severe exemplary punishment,) have done, to their eternal infamy, and betraying of their Country; the present generations shall abhor them, posterity curse, and declaim against them, as most unnatural Monsters, unworthy to breath in English air, or enjoy the name, the privileges of English men, or Protestants. There is a double kind of Treachery in Soldiers, both of them adjudged Capitall. The first proceeds from a sordid pusillanimous fear, unworthy the spirit of a Soldier: and this is Capitall, both by the Civil and Common Law. By the Civil Law; The Soldiers who first begin to fly, or but fain themselves sick, for fear of the Enemy, are to be adjudged to death for t • is their cowardice. Yea Lacaena and Dametria, two magnanimous Women, slew their timorous sons, who fled basely from the battle, with their own bands, disclaiming them as degenerous Brats, and not their sons; the latter of them inscribing this Epitaph on her sons Tomb.

Indeed Charondas and the Thurians, enacted, That cowards who basely fled or refused to bear Arms for their Countries defense, should set three days one after another in the open Market-place, clad in Woman's apparel; (a pun • shment far worse then death itself, writes Diodorus Siculus) where as all other Lawyers made it Capitall; yea, our Common Law adjudgeth it Treason: Witness the notable Cases of G • mines and Weston, 1. R. 2. num. 38, 39. who were adjudged Traitors in Parliament for surrendering two Castles in France, only out of fear, when they were strongly besieged, and battered, sooner then they needed, without any compliency with the enemy: The Case of John Walsh Esquire, accused of high Treason in Parliament against the King and Kingdom, for yielding up the Castle of Cherburg in France, to the enemy, when as be might have defended it. And the Case of Henry Earl of Essex, in the second year of Henry the second, accused of high Treason, by Robert de Monfort, and vanquished by him in a Duel, waged thereupon; for throwing down the Kings Standard (which he bare by inheritance) and flying, in passing a straight, among the Mountains, when fiercely encountered by the Welsh. For which, though his life was pardoned, yet he was adjudged to be shorn a Monk, put into the Abbey of Reading, and had his Lands seised into the Kings hands. And as for treacherous revolting to, or delivering up Castles to the Enemy, it is Capitall, and high Treason by all Laws, and so the resolved in Parliament, 3. R. 2. in the Case of Thomas Ketrinton Esquire, accused of high Treâson by Sir John Ann • sley Knight, for delivering up the Castle of Saint Savior in the Isle of Constantine, to the French, for a great sum of Money, when as he neither wanted provisions, nor means to defend it. As for those unnatural Vipers, and Traitors, who shall henceforth (after this discovery) join with the Popish Conspirators, to ruin their Religion, Country, and the Parliament, for private ends, as Count Julian the Spaniard joined with the Mores, An. Dom. 713. whom he brought into Spain, his native Country, furiously pursuing his own private injury with the Ruin of the public. I shall only bestow his Epitaph upon them, with which I shall conclude this Treatise. Maledictus furor impius Iuliani, quia pertinax; & indignatio, quia dura: vesanus furià, ammimosus furore, oblitus fidelitatis, immemor religions, contemptor divinitatis, crudelis in se, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amarescit, & nomen • jus in •• ternum pu • r • scet.

AN APPENDIX: Manifesting by sundry Histories and Authors, that in the ancient Roman Kingdom and Empire; in the Greek and German Empires, derived out of it; in the old Graecian, Indian, Egyptian Realms; in the Kingdoms of France, Spain, Italy, Hungary, Bohemia, Denmark, Poland, Sweden, Scotland, yea, of Judah, Israel, and others mentioned in the Scripture; the Supreame Sovereignty and Power, resided not in the Emperors and Kings themselves, but in their Kingdoms, Senates, Parliaements, People, who had not on • y a power to restrain, but censure and remove their Emperors. and Princes for their Tyranny and misgovernmen • .

With an Answer to the Principal Arguments, to prove Kings above their whole Kingdoms and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exerbitant Actions.

H Aving finished the preceding Treatise; which asserts, The Supreame Authority and Sovereign Power in the Realm of England, legally and really to reside in the whole Kingdom, and Parliament, which represents it, not in the Kings Person, who is inferior to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplains have for sundry years inculcated into our Kings and People (who preach little else but Tyranny to the one, and Slavery to the other, to support their own Lordly Prelacy, and hinder an exact Church Reformation) and directly opposite to the resolutions of many malignant Courtiers, Lawyers, and Counselors about His Majesty; who have either out of ignorance or malice, created him a new Utopian absolute Royal Prerogative, unknown to our Ancestors, not bottomed on the Laws of God or the Realm; for maintenance of each Punctilio whereof, against the Parliaments pretended Encroachments, the whole Kingdom must be engaged in a destructive civil War, now like to ruin it: I could not but conjecture, how in all probability these Clergy men, Courtiers and Lawyers, out of their unskilfulness in true Divinity, History, Law, and Policy would upon the first tidings of this strange Doctrine, pass a sentence of Excommunication and death against it, as guilty not only of Heresy, but High Treason; and judge it such a monstrous Antimonarchicall Paradox as was never heard of in, much less claimed or practiced by any Kingdom, Realm, or Monarchy whatsoever: To anticipate which rash censures, and undeceive both Kings and Subjects whom these gross Parasites have over-long seduced in this point, to their prejudices, convince the consciences of all gainsaying Malignants, irradiate this long obscured verity, whose seasonable discovery, may through God's blessing, conduce very much to period the present Differences between King and Parliament, touching matters of Prerogatives and Privileges claimed by either; I conceived it, not only expedient but necessary, to back the forecited presidents of our own Kingdom with paralleled examples in most foreign Realms and Monarchies (in which it is not mannerly to be overbusie without just cause) which I have faithfully (though suddenly) collected out of the best approved Authors and Historians; whereby I shall infallibly prove, that in the Roman State and Empire at the first, in the Greek Empire since, in the German Empire heretofore and now; in the ancient Kingdoms of Greece, Egypt, India, and elsewhere; in the Kingdoms of France, Spain, Hungary, Bohemia, Denmark, Sweden, Poland, Scotland, and most other Kingdoms in the world, (yea in the Kingdoms of Judah and Israel, and others mentioned in Scripture) the Highest Sovereign Authority, (both to elect, continue, limit, correct, depose their Emperors and Kings, to bound their royal power and prerogatives, to enact Laws, create new Offices and forms of Government) resided always in these whole Kingdoms, Senates, Dyets, Parliaments, People, not in the Emperors, Kings, or Princes persons. I shall begin with the Roman State, as having much affinity with ours, which was long under their command heretofore.

After the building of Rome by Romulus and Remus, Romulus being elected King, divided the people into two Rankes; those of the highest and richest quality, he styled Senators, making them a Court of Counsel and Justice, much like our House of Peers; the other he termed The People, being the body of the State, and representing our House of Commons. In this distinction, made by the Peoples consent, the Sovereign Authority to elect Succeeding Kings, to enact binding Laws, to make war, or peace, and the like; rested not in the Kings person, but in the Senate and people jointly, if they accorded; yet principally in the people, in case either of assent or dissent between them; their very Kings and Laws having their greatest power and efficacy chiefly from the people's election and assent.

To begin first with their Kings Election and Authority. when Romulus their first King deceased, there arose a great controversy in Rome about the Election of a new King; for though they all agreed to have a King, yet who should choose him, and out of what Nation he should be elected, was then controverted. In the Interim to avoid confusion, the Senators, being 150. divided the Regal power between them, so as every one in his turn in Royal Robes should do Sacrifice to the God's, and execute Justice six hours in the nighttime, and six hours in the day; which tended to preserve an equality among the Senators, and to diminish the envy of the people, when in the space of one night and day, they should see one and the same man, both a King and a private person. But the people disliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principallity, and divide it among themselves) cried out, that their bondage was multiplied having an hundred Lord's made instead of one, neither would they suffer it any longer, unless they would admit a King, created by themselves: Hereupon the Senate, thinking it best to offer the people that, which they were like to lose, to gain their favor, Summa potestate populo permissa, permitted to the people the chief power of Electing a King: but yet that they might not give away more right, then they detained: they decreed, That when the people had commanded and elected a King, it should be ratified, if the Senators should approve it, or be reputed the authors of it: Then the Interex assembling the people, spake thus unto them: O Romans REGEM ELIGITE, choose yea King: so the Senators think fit, and if he be one worthy to succeed Romulus, they will approve him. This was so grateful to the people, that left they should be overcome with the benefit, they commanded, that the Senate should decree who should reign at Rome. At last, Numa Pompilius was named; and none of the people or Senate daring to prefer any before him; all of them jointly decreed, that the Kingdom should be conferred upon him. Whence Canubius the Tribune of the people in his Speech against the Consuls, long after, used these words Numa Pompilius POPULI • JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifests, the chief power to be in the people. Numa departing, Tullus Hostilius by the people's command, consent and approbation was made King, which Livy thus expresseth; Tullum Hostilium REGEM POPULUS JUSSIT, patres auctores facti: After him, the people created Ancus Martius King Regem POPULUS CREAVIT; patres fuêre auctores: After him ingenti consensu Populus Romanus Tarquinium REGNARE JUSSIT: The People of Rome with great consent commanded Tarquin to reign. But he dying; Servius having a strong Guard to defend him primus injussupopuli, voluntate Patrum Regnavit, was the first that reigned without the command of the people, by the Senates consent; yet doubting his title for want of the people's votes, and young Tarquin his Competitour, giving out speeches, se injussupopuli regnare, that he reigned without the people's command; he thereupon so courted the Commons, by dividing the Lands he had taken from the enemies among them, that at last he appealed to the people, Vellent nolerintve se regnare? whether they would or would not have him reign? tantique consensu, quanto haud quisquam alius ante rex est declaratus. But Tarquin the Proud affecting the Kingdom flew Servius; and Non Comitits habitis, non per suffragium populi, non auctoribus Patribus: without the Election of the people or Senate, usurped the Crown; neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus auctoribus regnaret, writes Livy: Whereupon reposing no hope in the love of the people, he endeavored to defend his usurped Sovereignty by force: to which purpose, he of himself, without the Senate or Counsel, took upon him the conusance of Capitall offenses; and by color hereof, not only to slay, banish, and plunder those whom he suspected or hated, but even those from whom he could expect nothing but prey. Then he lesseneth the number of the Senate to diminish their esteem and power, and at last to subvert it. He was the first of Kings who dissolved the Custom used by all his Predecessors, De omnibus Senatum consulendi, of consulting with the Senate about all affairs, and administered the Common-wealth by his domestic Counsels; making War, Peace, Truces, Leagues with whom he would, injussu populi & Senatus, without the people's and Senates command; which Tyrannicall Usurpations of his, with his ravishing of Lucretia, caused Brutus and the incensed Romans to rise up in Arms against him; deprive him of His Crown, banish him, his Wife and Children, utterly to abolish the Kingly Government by a Decree, and to take a solemn Oath, (lest afterward they might be overcome by Royal entreaties or Gifts) That they would never suffer any King to Reign in Rome: Which act of Brutus and the People is highly magnified by Livy and Tully. This done, the people created two annual Consuls, who had the Power, but not the name and continuance of Kings, Annuum imperium consulare factum est: Brutus the first Consul was slain, whilst he was Consul, and Valerius his Companion being suspected by the People to affect the Kingdom, because he demanded no new Companion: Valerius hereupon calls the people together lays down his Fasces (the badges of his Sovereignty before them) which was a grateful spectacle to the people, confessionemque factam; Populi quam Consulis Majestatem vimque majorem esse; and a confession made, that the People had greater Sovereignty and Power then the Consul, who yet had regal Jurisdiction. And then there were Laws enacted, of appealing from the Consul or Magistrate to the people, and that he should lose both his head and goods, who should but consult to usurp the Kingdom.

In brief, it is clearly agreed by Dioxysius Halicarnasseus, Polibius, Livy, Alexander ab Alexandro, Bodin, (and most who have written of the Roman Republic) that the Sovereign Authority among the Romans, during their Kings, Consuls, Dictators, and other Magistrates, was originally vested, not in the Kings, Senate, Consuls, or other Magistrates, but in the whole body of the Senate, and People; the People had the chief Sovereign Power of enacting and confirming Laws, (the Senates Decrees and Laws being of no validity, unless the People ratified them) of creating and electing Kings, Dictators, Tribunes, and all other great public Officers; of denouncing war, and making Peace: these Tribunes, and Dictators might restrain, curb, imprison, censure, depose the Roman Consuls (who had Regal Power) yea, the Roman Kings, Senators, and highest Officers; and to them the last appeal from King, Senate, or other Magistrate might be made, as to the highest Tribunal: they having power likewise to change or annul the very frame of their public Government, which they oft times did, as these Authors prove at large, to whom for brevity I refer the Reader. Yea, after the Roman Empire (the greatest, largest Sovereignty in the world) was erected, the Supreme Power still rested in the Senate and People, not in the Emperors themselves, which Bodin grants and proves. This is clearly evident by these ensuing particulars: First, the Senate and People had sole right and lawful power both to elect and confirm their Emperors, and to decree them new Honors, Titles, Triumphs; which power of election, though some Emperors in a sort usurped, by adopting their Successors, and the Roman Soldiers too, by presuming sometimes to elect Emperors without the Senate; yet these adoptions and elections were not held valid, unless the Senate approved and confirmed them, who usually elected all their Emperors, as of right, according to that of the Panegyrist, Imperaturum omnibus ex omnibus elegi debere; Plinius Panegyr. Trajano dictus, and Jacobus Valdesius, c. 18. This appears by the election and confirmation of most Emperors from Octavins to Leo the first, and more particularly by the Senates and Peoples election and confirmation of Nerva P • rtinax, Severus, Gordianus, Maximius P • pienus, Clodius B • lbinus, Philip, Decius, Trebo • ianus, Galienus, Claudius the second, Ta • itus, Probus, Iovinianus, Aurelius, and others. This right of the Senate was so clear, that after the death of Aurelian •• , the Army sent word to the Senate, that (as reason was) they should choose and name an Emperor, and that they would obey h •• . After six months space (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earnestly r • fused the same as first, but in the • nd accepted thereof, to the great joy of the Senate and Roman people. After whose dec • ase Pr • bus, being chosen Emperor by the Legions and Army, he presently wrote a letter to the Senate, e • ousing himself for having accepted the Empire without their knowledge an • confirmation▪ whereupon the Senate confirmed his election with many blessings, gave him • he name of Augustus, Father of the Country; made him High Pri • st, and gav • him Tribunal Power and Authority.

(Secondly, This is manifest by the confessions, and Actions of the best Roman Emperors. Volateranus writes of Trajan (the best heathen Emperor that Rome enjoyed, that he used to call the Senate, Father, but himself their Minister, or Servant of their labor; And that standing, he did reverence to the Consuls sitting, quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET, because he found by the Laws he was inferior to them. Whence Dion, Niciphorus, and Speed record of him; that when he invested any Praetor or Commander, in giving him the sword, he openly commanded him before all, to use the same even against his own person, if he governed not the Empire well, or violated Law and Equity; confessing thereby, that he was subject not only to the Laws, but to the sword of Justice too in these Officers hands, in case he did offend, much more then to the Senate. I read of the Emperor Decius, elected by the Senate; that he preserved the authority of the Senate, (who compelled him to make his Son his companion in the Empire) following their Counsel in all matters of Government, governing all things with great wisdom and equity, by the advice and consent of the Senate, to the great contentment of all the Roman People; and going into Thracia against the Goths, he left the Government in the hands of the Senate; permitting them to choose a Censor at their pleasure, who had Supreme Jurisdiction over all men; which office some former Emperors had usurped; making themselves Censors. So Claudius the second, and Tacitus did nothing without the consent, advice, and counsel, of the Senate, either in matters of War or Peace. And Polybius writes expressly, That the Roman Emperors Counsels and purposes were efficacious, or invalid, at the pleasure of the Senate, which had power to remove or continue them, to increase or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and that they could neither make war, nor peace, nor truces, without the people's consent. Their Emperors in truth, being but their chief Generals in their wars, at the first, in right.

Thirdly, They had power to create one, two, or more Emperors at once, as appears in their election of Gordianus, the Father and Son to be Joint-Emperors at once, and of Maximius Pupienus, and Clodius Balbinus, and Gordianus, to be C •• sars at once. And those who could thus create more Emperors then one, when they pleased, no doubt had a power above the Emperors.

Fourthly, They had a Soveraigue power, judicially to convent, censure, yea to depose, and adjudge their Emperors to death, for their tyranny and misgovernment: this appears by the case of Nero, that wicked Emp • rour whom the Senate jud • cially deposed, condemned for his tyranny and misgovernment, as a public enemy to the State, adjudging him to have his head fastened to a forke, and so to be publicly whipped to death, and then precipitated from a rock: upon which sentence he being sought for, and forsaken of all, to a void the execution of it, murdered himself with a poinyard. So when Domiti • n was slain, the Senate assembling the same day, caused all his Stat • es to be throune down, and all the inscriptions and memorials of him to be cancelled, defaced; and elected Nerva Emperor. Didius Julianus who purchased the Empire by bribing the Soldiers, coming to Rome with an Army, went to the Senate, where assembling such Senators as were present, by their decree he was proclaimed Emperor, and they presently made his Son in law Cornelius Repentin ••• Praetor of Rome, putting Sulpetianus out of that office, and from thence he was carried to the Imperial Palace, and held for Emperor, more through force, then good will of any honest men: But the people hateing, and cursing him; at last, a full Senate being assembled, by the common consent of all the Senators, it was decreed, that Julianus should be deprived of the Empire, as a man unworthy to rule, and Severus proclaimed Emperor; to whom two of the principal Senators were sent to yield him their obedience, with the Ensigns of the Empire, and Julianus being generally abandoned, they commanded him to be slain in his palace. Heliogabalus (that monster of wickedness) was slain by the praetorion Soldiers by the Senates and people's approbation, who commanded he should no more be called Antoninus, and that in detestation of him, no other Emperor should after that be called by this name, and that he should be called Tiberinus, according to the manner of his death, his body being tied to great stones, and sunk in Tiber, that it might never be found. So Maximinus the Emperor oppressing, and Tyrannizing over the people, with great cruelty, was deposed by the Senate, and he, with his son (though already made Caesar, and declared Emperor) adjudged enemies and Rebels; and Gordianus with his Son elected and proclaimed Emperors by the Soldiers, people, and Senate of Rome. After which they, considering the great power of Maximinus, to secure the City, made great preparations to resist him, and writ letters to all their Provinces, that all those Governors that Maximinus had there placed should be displaced; which direction was generally obeyed, and the Governors most of them slain. Thereupon Maximinus then in Hungary, posts with his Army, and Son towards Rome; and young Gordianus being slain & his Father strangled in the interim; the Senate assembled in the Temple of Jupiter, chose Maximus Pupienus and Clodius Balbinus Emperors, and to please the people which consented not to their el • ction, they likewise named young Gordianus Caesar, and raised forces to resist Maximinus, who lying before Aquilia, his Soldiers hearing that he, with his Son were proclaimed Rebels at Rome, and new Emperors elected, came boldly to their Pavilions about noon, slew them, and sent their heads to Rome. By these, with sundry presidents of like nature, it is apparent, that the Sovereign power and Jurisdiction, even after the Roman empire erected, continued still in the Senate and people, to whom the Emperors were responsible, by whom they were deposed, yea put to death for their misdemeanors a • d offenses against the state, and oppressions of their Subjects: Which power they retained till the Emperors removed their Courts from Rome to Constantinople, by which means the authority of the Senate, and dignity of the Consuls was almost wholly lost by degrees, in Justin the seconds reign.

After the seat of the Empire was translated to Constantinople, the Senate, People, Soldiers, and Patriarchs of Constantinople, claimed a right, and power to elect their Emperors, to prescribe conditions, and Oaths unto them before they were crowned; as also a power in some cases to depose them, yea execute them, as you may read at large in their lives; Of which I shall recite some instances. Julian the Apostate dying, Iovinian, assensu omnium, by the joint assent of all the Soldiers, Captains, and people was elected Emperor; who absolutely refused the Empire, saying; that he being a Christian would not be an Emperor over Infidels: But all men were so pleased with his election, that they cried out aloud saying; we are all Christians; And for his sake, those which were not so, resolved to become Christians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladness, they swore obedi • nce to him, and gave him the Imperial Ensigns. He being casually smothered or death; Valentinian the first was by the joint consent of the Captains and Soldiers, chosen Emperor: after which, the Empire went by descent till the death of Valentinian the second and then Martianus by means of Eudoxia, with the Senates and Patriarch • assent, was elected and crowned Emperor: After whose poisoning Asper sought to have been his Successor; but being an Arian, the orthodox Christians of Constantinople would by no means elect him; whereupon, accepta a populo potestate, he named Leo Emperor, having received power so to do from the people. Leo adopting one of Aspars Sons Caesar, the Senate and people were so much displeased at it, fearing that an Arian should reign over them, that they went tumultuously to the Emperor, desiring him to remove him from that dignity, who soon after slew both him and his father. Basiliseus usurping the Empire against the Senates and people's consents, who hated him for his Tyranny; the people sent for Zeno, whom he expelled, received him into Constantinople, and restored him to the Empire; After whose death Anastasius, de sententia Senatus & Legionum, was elected Emperor by the Senates and Legions decree. He dying, Justinus, by the general consent both of the Senate, people, and Soldiers was elected Emperor, though but a swineheard in his younger days; who creating Justinian for his Successor, the people gave their consents thereto, with happy acclamations. So Constance the second was made Emperor by the Senate of Constantinople. Philipicus usurping the Empire against the people's and Senates liking, they rose up against him, deposed him: and a • Beda Marianus Otho Frisi • gensis and Abbas Vspergensis write; The people of Rome decreed, that neither his name, nor letters, no • coin should be received. And the Senate and people of Constantinople created Authemius Emperor in his place, giving him the name of Anastatius. Thus Michael Curaepalata was created Emperor by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So Theodora, atoto Senatu, populo & sacerdotibus, was elected and saluted Empresse. Isatius Angelus was elected Emperor, and Andronicus deposed, apprehended and put to death by the people of Constantinople for his tyranny and oppression. After whose death Baldwin Earl of Flanders, a Frenchman, was elected Emperor by the Soldiers and people, upon condition, the Venetians should elect the Patriarch: in whose blood the Empire continued four descents and then returned to the Greeks. And as the Senate and people of Constantinople had thus the right of electing their Emperors, so likewise they and the Patriarch of Constantinople prescribed a conditional Coronation -oath to divers of them, which they were to take before they were crowned, and to deliver it under their hands in writing. Anastatius Dicori, being chosen Emperor after Zeno his death. Euphemius the Patriarch of Constantinople before he would crown him, exacted of him a confession of his faith in writing, wherein he should promise, that he would innovate nothing in Eclesiasticall Doctrines &c. whereupon he delivered a writing to the Patr • arch, wherein he professed, that he did embrace all the Tenants of the Church, and that he would keep all the Decrees of the Council of Chalcedon; which done, he was crowned, and then pr • sently took away the grievous tribute called Aurargenteum, which much oppressed the people. Thus when Michael Rungabis was elected Emperor, and came to be crowned, Nicephorus the Patriarch first required of him a writing, wherein he should promise, that he would violate no ordinances of the Church, nor defile his hands with the blood of Christians: which conditions Bishop Bilson grants, the people had power to prescribe, the Empire being elective, but not the Patriarch alone. And with all these Patriarchs sometimes presumed to excommunicate and keep their Emperors out of the Church for murders and such like offenses, as appears by Polyenctus keeping John Zimisoa out of the Church, and refusing to crown him, till he had banished the Empresse Theophano, and those who slew Nicephorus; and by Photios his putting by the Emperor Basilius from the Sacrament, when he came to receive it, for homocides committed by him.

Fifthly, The Roman Senate and people had power to divide the • mpire, and to create a new Emperor at Rome in the West, distinct from that of Constantinople in the East: About the year of Christ 456 Gensericus King of the Vandals wasting Italy and sacking Rome whiles Marcianus the Emperor resided at Constantinople, the Senators and Roman Gentlemen returning to Rome when Gensericus had lost it, wanting an Emperor to protect them, chose Avitus by common consent for Emperor of Rome, Italy, and Sicily, of which Marcianus was very glad, and approved his Election: And not long after, whiles Leo the first reigned at Constantinople, the Senate successively elected Olibrius and Glizerius Emperors of Rome, Italy, and Sicily; yea, the very final division of this great Empire into that of the East and West, and the creation of a new Roman Emperor, and Empire of the West, with the transferring of the Imperial Crown from the Greek to the German line, was done by the authority, and joint consent of the people, Senate, and Bishop of Rome, upon this occasion: as Blondus Sabellicus and others relate. Aistulfus King of the Lombards invaded and spoiled those parts of Italy belonging to the Romans; who being unable to resist or pacify him; the Bishop and City of Rome hereupon sent messengers to their Emperor Cons • antine to Constantinople, for aid, assuring him, that unless he sent them aid the City and whole Country woe • uld be subdued by Aistulfus: But whiles Rome and Italy were ready to sink under those ruins Constantine had no manner of care to relieve them; and the messengers that were sent to him, signified by letters, that there was no looking for help from Constantine, either for that he would not, or could not, and therefore they must seek some other way: In the mean time Aistulfus sent Heralds to menace the Bishop and people of Rome, that unless they would yield themselves and their City, he would come and take them by force, and kill man, woman, and child. Hereupon they being out of hope to pacify the enemy, or to receive help from Constantine; the Pope, together with the people of Rome, determined to send messengers to desire aid from Pepin father to Charles the great, then King of France, who sent them succor, subdued their enemy, and quieted Italy. After which, Charles likewise aiding and succouring both the Pope, and Romans against their enemies, and coming in person to Rome; the Romans (who in heart were long before falen from the Emperor of Constantinople, because he began to neglect the City of Rome, and to leave it as a spoil to the Barbarians and others) taking this occasion and opportunity, and grieving that the Empire of the world, which with their blood they had gotten, and established by their virtues, should be governed and ruined by Irene (a lewd woman) Constantine's mother (who swayed all at her pleasure) did thereupon elect and proclaim Charles for their Emperor, and commanded Pope Leo to crown him. Platina, Blondus, Nauclerus Sabellicus, Aventinus, Sig • bert, Frisingensis, and Aeneas Sylvius, all record that this was done (not by the Popes authority alone, (as some late Romanists pretend, for he poor man had no such power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tac • o SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transfer the Empire JURE SUO, By their own right, from the Greeks to the Germans, and from Constantine to Charles the Great: ever since which time it hath continued thus divided in the blood of Charles, and other French and German Princes. A most clear demonstration, that the most absolute Sovereign power a • d disposal of the Empire resided not in the Emperors themselves, but in the Se • e and people, even from the very first Emperors, till this partition of the Empire (more then 800 years space,) and that their Emperors neglect to protect, to aid them against their enemies when they needed, and craved help, was a just ground for them to reject his Sovereignty; yea, to create a new Empire, and Emperor of another race, as Pope Leo with all the Roman Clergy, Senate, and people then resolved; not only in point of State policy, but of Conscience too: upon which very ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdoms of their own: but likewise our Island of Britain (the fairest plume of the Roman Diadem) rejected the Roman yoke and Government, to which it had been subject almost 500 years; craving aid against the Sc • ts and Picts from the Sax • ns, who therereupon became their Sovereign Lord's at last, and dispossessed them of the Kingdom: Now, that these revolts and changes of the Empire in this case were lawful even in point of Conscience, we have the resolution of Bishop Bilson himself, (in his Book dedicated to Queen Elizabeth, wherein he professedly defends the Sovereignty of Kings) in these very words The Roman State and Common wealth had as goodright to dispose the Roman Empire, as all other Christian and Heathen Kingdoms and Countries had to settle the sword and scepter that Reigned over them. And since all other Nations once members of the Roman Empire, were suffered to plant those several forms of regiment which they best liked, and when the Right Heirs failed to elect their own Governors, I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realms had done before them; especially if the reports of your stories be true; that they were neglected by the Grecians, when they were bes • iged by the Lombards; and the scepter at Constantinople went not by descent, or succession, but by violent and wicked invasion, and usurpation. So he; with whom Cassanaeus in his Catalogus Gloriae mun di • pars 5 consid. 30. p. 248. accords. and Jacobus Valdesius, de Dignitate Regum Hisp. c, 18. n, 20, 21.

Sixthly, After this division, and translation of the Empire unto Charles the Great, the Roman Empire for a time, by permission and connivence of the French, & German States, went by succession till Charles the Grosse; after him wholly by Election, the power of electing the Emperor residing in all the French & German Princes, 〈◊〉 at last it was by consent, about the year 1001. translated to the 6; or rather 7. Princes Electors: Yet during all this time the Sovereign Power and Jurisdiction of the Empire resided only in the German Princes, States and Diets (not the Emperors themselves) who had power, not only freely to elect what Emperors they pleased, but also to censure, and depose their Emperors upon just grounds, and to set limits to their Imperial Jurisdictions. Not to trouble you with the Histories of Ludovicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Frederick Barbarossa, Phillip, Otho the fourth & fifth, Frederick the 2, 7. Albert the 1, Ludovicus Bavarus, Sigismond, and other Emperors, who were much affronted, persecuted, warred against, and some of them unjustly deposed and murdered by their Subjects, Sons, and the Princes • electors, through the Popes procurement; I shall pitch only upon such presidents as are pertinent to my purpose Charles the third surnamed the fat, though he came to the Empire by descent, yet the Princes, Dukes, and Governers of the Provinces of Germany, and France, seeing his great insufficiency, and unaptness to govern (he being grown a very fool and having lost his understanding) did thereupon deprive him of his Empire, and other Kingdoms; and elected and crowned Arnolph Emperor in his stead: He being thus degraded both of Realm, Empire, and forsaken of all the world, not having so much as an house wherein to shroud himself, retired into a poor village of Suabe, where he lived some few days in extreme misery, and penury, and soon after died; not lamented nor pitied of any man: Which deposition of his, I have formerly proved lawful; though his subsequent ill usage was no doubt dishonorable and unjust. So the Emperor Wenceslaus was▪ deposed by the Princes Electors of the Empire, for his insufficiency to govern, and the little care he took to suppress and pacify the civil wars and dissensions in the Empire, giving himself over to vain pleasures and delights, which made his government dangerous, and unprofitable for the Empire, and Christian common wealth; and Rupert made Emperor by them in his room. After this, about the end of Rodulph the second his imperial reign, the Electors called a Dyet at Nurenberg, from whence they sent ambassadors to the Emperor to acquaint him with the State of the Empire; who told him, that the Electors required above all things a reformation of justice: That he should make choice of more faithful officers and Counselors then formerly he had done: That a general Dyet might be called the spring following: That the reason of the bad government of the common weal was for that his Majesty did not impart the important affairs of the Empire unto them, as his Predecessors had done &c. Whereupon he appointed a general Dyet to redress these disorders; but dying before the day, according to the golden Bull made in the year 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governors, and Administrators of the Empire until there were a King of Romans chosen to be Emperor. After which they Elected Mathias, who as Emperor and King of the Romans had not any City or Town within the Empire, the whole Territory of Germany belonging to the Electors, Bishops, Abbots, Princes, Earls, Noblemen, and free Towns. What power the Princes Electors, and German states had, and yet have in electing, rejecting, deposing, restraining their Emperors; in calling Diets, and making Laws, you may read more largely in Munster, and Grimston: By all which, and other particulars, which for brevity I shall omit, it is most evident, that the Supreme Sovereign Authority of the Roman State, both under their ancient Kings and Emperors, and of the Greek, and German Empires resided not in the Kings and Emperors, themselves, but in their Senates, Diets, People, States, who prescribed them conditional Oaths at their Coronations, and to whom they were still accountable for their actions and misgovernment, This John Bodin (a famous learned French Lawyer, of great experience in State affairs, surpassing all who writ before him of Republics) plainly affirms in these words. The Roman Emperors were at first, nothing else but Princes of the Common weal, that is to say, the chief and principal men: the SOVERAIGNTY nevertheless still RESTING IN THE PEOPLE AND SENATE, the Emperor having the Sovereign authority only infact, not in right: the State being but a very Principality, wherein THE PEOPLE HAD THE SOVERAIGNTY. So the German Empire at this day is nothing else, but an Aristocratical Principality: wherein the Emperor is head and chief, the POWER and majesty of the Empire BELONGING • VNTO THE STATES THEREOF, who thrust out of the Government Adolphus the Emperor, in the year 1296, and also after him Wenceslaus in the year 1400; and that BY WAY OF IVSTICE, AS HAVING IVRISDICTION AND POWER OVER THEM. And so properly ancient Romans said: Imperium in Magistratibus, Auctoritatem in Senatu, Potestatem in Plebe, Maiestatem in Populo; Command to be in the Magistrates, Authority in the Senate, Power in the Maeniall People, and Majesty in the People in General. The Senate in Rome did consult, the people command: for Livy oft times saith: Senatus decrevit, populus iussit: the Senate hath decreed, and the People commanded; Which he there more largely prosecutes, as you may read at leisure. To all which Bishop Bilson himself doth fully assent, affirming, that Germany is a free state, that the Emperor holds the Empire by election, and that but on condition, which he takes an oath to perform. And if he violate their liberties, or his oath, they may not only lawfully resist him by force of arms, but repel and depose him as a tyrant, and set another in his place, by the right and freedom of their Country. And Cassanaeus holds, that the people may take away the very name of the Emperor at this day, degrade him, and resume his royal power. This then being an unquestionable verity, disproves that palpable common mistake of Dr. Ferne with other ignorant Court Doctors and Royalists, who would make the world and Kings believe, that the Roman Emperors were of greater power and authority than the Senate, people; the highest powers upon earth to which all persons, yea the Senate and people collectively considered, ought to submit; and that it was unlawful either for the Senate or people forcibly to resist Caligula, Claudius, N • ro, and other their wickedest, and most tyrannical Emperors: much less to depose, take arms against, or call them to a strict, just account for their Tyranny, Oppression, or Misgovernment, it being directly contrary to Paul's Doctrine Rom. 13. 1, to 6. Let every soul be subject to the higher powers, &c. which false groundless principle, is the sole foundation upon which all their late Sermons, Books, and railing Discourses against this Parliaments proceedings and taking up of defensive arms are built; when as in truth, the Sen • te & people were the highest powers, to whō the Roman Emperors themselves were to be obedient in all just requests & commands, under pain of damnation, and subject to the Senates sword of • ustice in case of disobedience & misgovernment, as all the premises evidence; yea it likewise manifestly evidenceth, that whole States & Parliaments are the highest power and above their Kings, who are subject to thē, since the Roman and Greek Senates and people heretofore, & the very German States at this day are the highest power and above their Emperors, though ever reputed of greater power, Sovereignty and dignity than any Kings, and the greatest Monarchs in the world: and that therefore Kings, even by Paul's Doctrine Rom. 13. ought to be subject to the higher power and Jurisdiction of their Parliaments, the Laws and Statutes of their Realms; and to be accountable to them, if not subject to their censures, as some affirm, in exorbitant cases of misgovernment which concern the Kingdoms and people's safety. If Kings injuriously take away the lands, goods, or imprison the persons of any particular subjects, the Law gives everyone a particular remedy against them by way of Action, or Petition of Right. If then every private subject may have redress, much more the whole Kingdom, (in and by Parliaments only not in inferior Courts) against their Sovereigns which oppress them; who being subject unto the Laws of God and their Realms, which have no respect of persons, may as many affirm, be questioned and judged by them in their Parliaments as well as other princes, great officers of State and Magistrates who in scripture are called God's, the higher powers and said to be ordained, to rule judge by and for God, as well, as Kings and Emperors. It is branded as a spice of Antichristian pride in Popes and their Parasites, to deem themselves so High above other men, that they are accountable to none but God for their wicked actions, though many Popes in former and later times, have been questioned, censured, imprisoned and deposed both by Emperors, Kings, and Councils for their intolerable misdemeanors. And is it not the very self same crime in Kings, in Emperors, and their flatterers, to hold this Popish erroneous opinion, that they are in no case responsible to their whole Kingdoms or Parliaments for their gross • st exorbitances? Our Popish Prelates and Clergy generally heretofore, and some of our Protestant Bishops and Divines of late times, from St. Ambrose his practice, have held, that •• ings for murders, rapes, and great crying offense • may be Lawfully excommunicated and censured by the spiritual Law and sword, as sundry Emperors and Kings have been; then why not likewise by the temporal, when their Parliaments and whole Kingdoms see just cause, the case of hundreds of Emperors and Kings in former time, as the Histories of all Nations and ages prove abundantly, beyond all contradiction? I shall here instance in some few Kings censures subject to the Roman State and Empire, with whom I shall conclude this discourse touching the Roman Monarchs Deioratus King of Galatia under the Romans I • risdiction, and one of their allies, was accused of Treason, and condemned to lose both his head and estate for certain offenses against C. Caesar, and the Roman State; as appears by Tullius Oration to Caesar in his behalf, to procure his pardon; which because it was the first president of this kind, made his advocate say; tamen ita inusitatum est, Regem capitis reumesse, ut ante hoc tempus non sit auditum: yet long before that, Zedekiah King of Judah, rebelling against the King of Babylon, was brought prisoner to the King of Babylon to Riblah, where he gave judgment upon him slew both his sons and Princes before his eyes, and then put out his own eyes bound him with fetters of brass, and carried him prisoner to Babylon, where he died. 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after De • oratus Antigonus King of the Jews, being taken prisoner by Antonius, for moving sedition against the Roman State, was beheaded with an axe at Antioch, without any legal trial, to prevent further seditions, which never befell any King before that time, writes Alexander ab Alexandro; And Agrippa, not long after, put Bogus King of the Mores to death, for siding with Antonius. Of later times, I read that Ludovicus Pius the Emperor taking Bernard his Nephew (King of It • lie) prisoner, for rebelling and denying his superiority over him, carried him into France, to determine what should be done with him according to Justice, for this his offense; where (though a King) he was condemned to death and executed, as some, or at least cast into prison, and had his eyes put out, as others write: So Charles of France taking Conradine King of Sicily prisoner, publicly arraigned and condemned him of high Treason, and cut off his head, Anno 1208. Yea, our own King John being a Feudatary to the King of France, was by Philip the French king in a full Parliament there (during his absence in England) arraigned, condemned to d • ath, and deposed from his Crown by the sentence of his Peers, for murthering his Nephew, Arthur, (then a Subject of France) with his own hands: So John Bailiol king of Scotland, renouncing his homage for that Crown, to king Edward the first, was for this offense compelled to resign his Crown with all his right to the kingdom of Scotland, to King Edward the first, and sent Prisoner to the Tower of London: and Mary Queen of Scots, within many men's memories, after long debate in Parliament, was condemned and beheaded at Fothringham Castle, Febr. 8. An. 1587. for laying claim to the Crown of England, and other particulars mentioned in our Historians. And thus much for the Roman, Grecian, German Emperors, kings and kingdoms.

I shall now give you a brie • e Survey of what Greek Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdoms, in Greece and other places. That great Father of Learning and policy Aristotle, (Tutor to the greatest Emperor Alexander the Great) whose Authority is irrefragable in our Schools; resolves: That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joint consent of the people, and founded, confirmed by the customs and Laws of each country, (which Polibius also affirms) That there are 4 several sorts of Kings, some of greater, some of lesser Authority and continuance then others: some elective, some successive, some during • ife, some Annual, all of them receiving their distinct jurisdictions, Forms, Limitations, and different Royalties, from the people's primitive or subsequent institutions and consents. For all men being equal by the Law of nature, can have no dominion nor Superiority one over another, but by their own voluntary consents. That the Laws, (not the Kings Princes, or Magistrates be they one or more, or never so good) ought to be the sole Lord's or Rulers of the Common-wealth, and that Princes and Governors ought to govern by the Laws: who cannot command what the Laws do not command. That those who command that the Law should rule, command that God and the Laws should rule: but he that commands a man to be a Prince, he commands that both a man and beast should be Princes: for covetousness and the lust of the mind is a certain beast, which perverts both Magistrates and the very best men; but the Law is a constant and quiet Mind and Reason void of all motions of lusts and desires. That the power of the greatest things, and greatest power, ought (DE IVRE) of right to be in all the people, because their wisdoms, resolutions, and revenues considered altogether, are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracy, who are but a small particle of the State in respect of all the people. That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression; and that a King ought to govern by his Laws, and not to do anything against them, according to his lust; wherefore he ought to have so much power and force wherewith he may protect the authority of the Laws: yea he must necessarily have forces and power, yet so much only, as thereby he may be able to curb every particular man, or many also: yet not so great power but that, a populo au • em universo idem REX ILLE IPSE COERCERI POTEST, the very King himself may yet BE CVRBED by all the people: such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governor over the City: And when Dionysius required Guards, a certain Syracusan persuaded them to curb such Guard • : to which Polybius also suffragates. According to these Rules of Aristotle, I read in Dionysius Halicarnassaeus, and Polybius, that in the Lacedaemonian Common-wealth, the Kings had not the chief Dominion, so as they might do what they pleased, sed summa totius Reipub. administratio penes Senatum erat: but the chief Government of the whole Commonwealth was in the Senate, from whence the Romans took their pa • terne. Alexander ab Alexandro, Boemus, and Xenophon write, That the Lacedemonians sometimes elected a King out of the Family of the Heracli ••• , or of Agis, but more often two joint Kings of equal Authority out of the stock of Proclus and Aemisthenes, who yet had not the chief Command as Kings, Quiajuris om • is publici potestas penes Senatum erat, because the power of all public law or rule was in the Senate ( the better to keep their Kings from attempting and usurping a Tyranny; they being Kings rather in name then Dominion, and like the Achaean two Annual Praetors; whence Aristotle makes them, the lowest rank of Kings. John Bodin informs us, That in the Lacedaemonian Aristocracy, the Sovereignty remained in the State, wherein were two Kings without any Sovereignty at all, being indeed nothing else but Captains and Generals for the managing of their Wars; and for that cause were by the other Magistrates of the State, sometimes for their faults condemned to pay their fine, as was Agesilaus, and sometimes to death also, as was Agis and Pausanias: Agis the last of the Lacedemonean kings (as Plutarch records) being apprehended and condemned by the Ephori, without an Indictment, and then hanged in a halter. Finally Aristotle himself, and Xenophon inform us; that the Kingdom of the Lacedemonians flourished very long, yea longer then any other form of Government, because their Kings power was but small, and their Kings never desired greater things then the Laws would bear, by which they had received their Kingdom in the beginning: for in the beginning that Kingdom was divided between two joint Kings: After which Theopompus left it more moderated to his successors, and constituted the Magistracy of the Ephori (who had power even to depose and execute their kings if they offended, and rose not up out of their seats unto them;) to retain that moderation; By which means he verily weakened the power of the Kingdom, but yet certainly settled it more lasting and stable: Whence Theopompus gave this answer to his complaining and upbraiding wife; whether he was not ashamed to leave the Kingdom less to his Children then he had received it from his Father? No truly, saith he, for by this means I leave it more stable and lasting. A Speech well worthy the consideration of the very greatest hereditary kings These Lacedaemonian kings (whose honors, writes Xenophon, were not much better then those of private men; Etenim, neque Regibus animos addere Tyrannicos voluit, L • curgus, neque civibus eorum potestatem invisam reddere, took an Oath every month, to govern the Kingdom according to the Laws enacted. I find that the Cumaeans had a Magistrate whom they called Phylactus, whose office was, to come into the full Senate, and hold the Kings hands who stood in judgment before them, until by the Senators decree, their reward or punishment was appointed. By which it is apparent, that the Cumaean Senate was above their kings, and did usually arraign and punish them judicially, if they saw cause; as they rose up in Arms against Aristodomus their king, (who tyrannized over them) by Zenocrita her instigation, slew him, and so recovered their Liberties. The ancient Carthaginians had two kings, whom they styled Suffites; who were but annual, removed every year▪ Yea, the Iberians and Parthians had two joint kings in ancient times, the one to judge the other to govern the people. In Meroe, where they elected their kings by their beauty, strength or wealth; their Priests had the chief power; who had so great authority, that sometimes (like the Pope and his Nuncioes) they would send a Messenger and command the king to be put to death, and make another in his steed. Which custom was after abolished by one of the kings, who violently assaulted and slew all the Priests: and in Meroe if the king offended, after the Priests power was abolished, they inflicted no corporal punishment on him, but all with • rew themselves from him and avoided his company till he was killed with grief and consumption. The Indians will not permit their king to sleep in the day time, and if he be drunken at any time if any w • man (of whom he hath a guard) kill him whiles he is drunk • she is so far from being guilty of Treason, that for a reward, she shall be married to his Successor: much like the ancient public institution of the Sclavonians, recorded by • axo Grammaticus, that the assassinate of evil Kings should succeed them in their kingdoms; a things frequently practiced in many kingdoms; and Empires, though very ill enacted in any. The Sabaeans confined their Kings to their Palaces, and used to stone them if they went forth of their bounds. The Mosseriaei whose kings were elective, used to punish them, when they offended, by keeping them fasting a whole days space. Among some of the Indians, if the king dies, having male children of his own, or cosen-g • rmans, or brothers children, they shall not succeed him in the kingdom, but his sisters son, if there be any; if not, then his next alliance; and that, ex gentis instituto, by the institution of the Nation; the reason is, because their Priests used to dest • ure the Queen, whose issue is held to be illegitimate. In Thracia, the people elect a king who is well qualified, merciful, grave for his age, and one who hath no children: For no Father, though never so well qualified, is admitted to reign; and if he fortune to have issue while he reigns, he is deprived, and so kept, lest the kingdom should become hereditary. Yea, though the king be never so just, yet they will not that he should have the whole power, but appoint him 40. Governors, left he alone should judge in capital causes: And if he be convicted of any offense, he is punished with death, yet not by laying violent hands on him, but by public consent, all food is kept from him, so as at last he perisheth with famine. The Taprobani had this custom, that no man who had any children should be chosen king, lest he should claim the kingdom as hereditary, and make it so. The Athenians, Ionians, Milesians, Marchomanni Quadi, Persians, Sicilians, Corinthians, Parthians, Meroes, Gordii, Medes, Paphii, Cathians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had several Customs, Laws, Rules, (over-tedious to recite) by which they elected and inaugurated their kings (of which you may read in Alexander ab Alexandro Strabo, Boemus, Peter Martyr, Purchas, and others) and different degrees of power and government derived from their kingdoms and people, the sovereign Authority still residing in them to prescribe both Laws and limits to their kings, and call them to public account for their gross offenses and misgovernment. The ancient Ethiopians elected the most fanatique Priest for their king, whom though they adored and honored for a God, yet Vitam agere STATVTAM LEGIBVS DEBET iuxta patrios mores, he ought to live such a life as the Laws appointed him, according to the manners of the Country, neither ought he to reward or punish any man himself, though chief par • s of Royalty. The old German kings had no free nor infinite, but are strained and bounded power by the Laws. Diodorus Siculus writes, that the first Egyptian Kings lived not like other Monarchs, to rule all things according to their wills, Nullis obnoxii censuris, as obnoxious to no censures; but all things, not only their public actions, but even the regiment of their daily life, were conformed to the rule of the Laws ( as hethere manifests in sundry particulars) botb in respect of their attendants, dispatches, devotions, recreations, moderate spare diet, and the like; neither was it lawful for them to judge, nor do anything, nor punish any man out of petulancy or anger, or any other unjust cause, contrary to what the established Laws required concerning every of them. Whiles they observed these things customarily, it was so far that they took it ill, or were offended in mind, that on the contrary they thought they lived a most blessed life. For other men rashly giving indulgence to the affections of nature, acted many things accompanied with losses and dangers; yea some men ofttimes although they foreknew they should sin, did notwithstanding perpetrate evil things, being led away with love or hatred, or some other perturbation of mind; but they, embracing the rule of life approved by the most prudent men, resolved not to err from their duty in the least degree. Whiles Kings used this Justice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the College of Priests, but the whole Nation of the Egyptians, and likewise everyone of them were not so careful of their wives and children and private goods, as of the safety of their Kings: Wherefore they preserved the estate of the Republic entire for a long time under the mentioned kings, spending their life in greatest felicity, as long as this constitution of Laws flourished. And when these kings died, all the Egyptians generally mourned for them in an extraordinary manner divers ways, made solemn Orations in their praise, buried them with great pomp and solemnity, and erected Pyramids to their eternal honor; all which funeral pompous solemnities many ill kings wanted after their deaths, ob plebis refragationem, because the people gain-said it, (who together with the Priests and Senates, who were ever present with the kings to assist, counsel, and direct them, were superior to their kings, since they could thus decree or deny them these funeral honors) which made many of their following kings to addict themselves to just actions too, for fear of contumelious handling and sempiternall ignominy after their decease. So this Author. To which I shall add Xenophons definition of a Kingdom and Tyranny: A kingdom, is an Empire over men by their free assents according to the Laws of the City: And a Tyranny, is an unlawful Empire over men against their wills, which depends upon the will of the Prince. And this observation of Polybius, That kings in ancient times did give themselves wholly to do that which was honest and just, and to suppress the contrary; the very beginning of all true kingdoms, and the end for which kings were first instituted by the people. Whiles they thus demeaned themselves, they were subject to no envy, because they differed not much from others, neither in apparel, nor in meat and drink, but observed a conversation of life conformable to other men, and lived perpetually like to others. But afterwards, when those who obtained the principality of succession, and the prerogative of their blood had those things already provided, which made them able to secure themselves, and to support their state, following their lusts by reason of their abundance, they then thought, it belonged to Princes to be better clad then subjects, to exceed them in costliness and variety of meats, and to use venery with whom they pleased: Hence envy and offense was begotten, and implacable hatred and anger kindled, and a kingdom by this means changed into a Tyranny: Hence men most generous and magnanimous bold spirits▪ unable to bear such affronts and insolences of Princes, seditiously conspire against them; and the people having got such Captains to make resistance, join with them for the foresaid causes, that the Princes may be repressed. And thus the form of a Kingdom and Monarchy is utterly taken away by the roots, and the beginning of an Aristocracy again laid, the people refusing to set anymore a King over them, yet not daring to commit the Republic 〈◊〉 many, fearing as yet the iujustice of Superiors, and therefore most esteem equality and liberty; So that the Sovereign power of settling, of changing the Kingdom and form of government resides principally in the people, who (as he there largely proves by the Lacedaemonian and Roman state) ought to enjoy the Supreame authority, and to be above their Kings; as it seems the Egyptians did, who deposed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, setting up Cleopatra his eldest child in his Thr • ne; and as the Roman Senate did, who had power to dispose of the common Treasury and revenue (one of the greatest points of Sovereignty) to appoint Lieutenants and Governors of Provinces, to grant Triumphes, to dispose of Religion: (for which cause Tertullian saith, that never any God was received in Rome without the decree of the Senate,) and to receive, answer, and dismiss the Ambassadors of Kings and Nations, which none else did but the Senate; whose Sovereign power was such, that Tiberius the Emperor in the beginning of his Reign called the Senators (assembled altogether in the Senate) Indulgentissimos DOMINOS, his most loving LORD'S, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read in Tacitus) though they were his Subjects and inferiors when divided and severally considered: And such Sovereign power had the Panaetolium or general assembly of Parliament among the Aetolians, who received and answered all Ambassadors, determined all affairs of war and peace, it being provided by the Laws of the Aetolians, that nothing should be entreated of concerning peace or war, but in their Panaetolium or Pelaicon Council, as Livy and Bodin record.

But to leave these ancient, and come nearer our present neighbor Kings and Kingdoms of greatest eminency and power, which may parallel our own; The Kings of France (to whom Cassanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperor himself, whiles but elect, before his Coronation, ) have in ancient times been inferior to their Kingdoms, Parliaments, and subject to their censures even to deposition, if not more, though some cry them up for absoluts Monarchs, and make them little better then Tyrants now.

John Bodin, a learned French Lawyer and Statesman, writes, That in ancient times the Kings of the Cities of the Gauls were subject to their States; whom Caesar for this cause oftentimes calleth Reguli, little Kings, being themselves subjects and justifiable to the Nobility, who had all the Sovereignty, causing them even to be put to death if they had so deserved: And that is it for which Amphiorix the Captain General, whom they called the King of the Lingeois said, Our commands are such, as that the people hath no less power over us, then we over the people: Wherein he shown evidently, that he was no sovereign Prince; howbeit, that it was not possible for him to have equal power with the people, as we have before shown: Wherefore these sort of Princes, if they, polluted with wickedness and villainy, cannot be chastised by the Authority and severity of the Magistrate, but shall abuse their wealth and power unto the hurt hurt and destruction of good men, IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers only, but even for the subjects themselv • s also, to take them out of the way: But if the Prince be an absolute Sovereign, as are the true Monarchs of France, &c. where the Kings themselves have the sovereignty without all doubt or question not divided with their subjects; in this case it is not lawful for any one of their subjects in particular, or all of them in general to attempt anything, either by way of fact or justice against the honor, life, or dignity of the Sovereign, albeit he had committed all the wickedness, impiety, and cruelty that could be spoken: so Bodin. By whose words it is clear, that the ancient kings of France we • e inferior in Jurisdiction to their whole kingdoms and Parliaments, yea censurable by them to deposition or death: Yet that their kings of late are grown absolute Monarchs above their kingdoms, Nobles, Parliaments, and so not responsible to, or punishable by them for the grossest misdemeanors: But if this their absolute Monarchy be only an usurpation (as many conceive it,) not of right, by their Parliaments and kingdoms free grants and consents, they are still, in truth, of no greater Authority, nor no more exempted from just censures, then their predecessors. Now it is clear, that in ancient times, the 3. Estates and great Council of France assembled in Parliament, and their twelve Peers ( or kings as Fabian terms them ) were the highest power and judicature, from which there was no appeal; that the Ki • gs of France could make no binding Laws but by their Authority (though now of late they do what they please) and that they have judged the differences between the Crowns of England and France (as I have formerly proved) and exercised the same, or as great authority as the Parliament of England hath done, which authority it hath lost by certain degrees. To give a few more instances to clear this truth.

Pharamond, the first King of the Franks, that Reigned in France, An. 420. was elected King by the unanimous vote and consent of all the people: and by their advice and consent, in his Raign, the Salique Law was made to Regulate the descent of the Crown, that no women should be heirs to it, or claim it by descent; which Law continues of force un • ill this day, as all the French historians generally accord, who make frequent mention of it; though our English have much oppugned it, as you may read in Hall and Speed Childericus the fourth King of France about the year 460. giving himself to all vice and cruelty in such extreme wise, that he became odible to his subj • cts, perc • iving the murmur of the people, and fearing his sudden destruction, by the counsel of Guynemeus, fled out of his kingdom to Beseigne king of Thuringes. Whereupon the French-men with one assent, chose Gyll a Roman, for their King and governor: who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus (a fast friend to Childericus) and using sharp, execution upon some of the Nobles, so far discontented his subjects that by the help of Guynemeus, they deposed and chased him into Soysons; and sending for Childericus again, restored and made him King: after whose death his son Clodoviu • , was by the people ordained and authorised for King of France: between whose four sons it was afterwards divided After the death of Chilpericus, Clotharius being very young, Gunthranus king of Orleans his uncle) with the assent of the Nobles of the Realm, was made his Tutor: who coming to age, he offered to refer the differences between Sigebert and himself touching Austracy, (to which both laid claim) to an Assembly of the Lord's of that Kingdom: and condemned Queen Brunicheild by the unanimous consent of the Lord's, to be tied by the hair of her head to a wild horse tail, and so to be drawed while she was dead; for her many murders and criminous deeds; which was accordingly executed. King Dagobert exercised such tyranny and injustice in pillaging his commons by Exactions and Tributes, that those who dwelled in the out parts of the Realm near the Turks, and other strange Nations, chose rather to put themselves under their government, than under the Rule of their own natural prince: Poytiers rebelled against him, his L • ds murmured so much against him, that Pipin and Martain (two of his great Lord's and agents) to save his Crown, dissuaded him from his ill counsels: whence a little before his death, calling a great counsel of his Lord's Spiritual and Temporal, he made his will, and settled his Kingdom by their advice; dividing it between his two sons. Theodoricus king of France, giving himself to sloth and idleness, committed the government of the Realm to Ebroyn Mr. of his Palace, who did what he liked, and vexed and troubled the Subjects grievously; wherefore by assent, the Lord's assembled them, and by authority deprived the King of all Dignity, and closed him in a Monastery during the residue of his life, when he had borne the name of a King without executing of the art thereunto belonging, three years, the cruel Ebroyn they exiled to Luxenbourgh during life; making Childericus br • there to Theodericus King, Ann. 669. who oppressing his subjects grievously, and using the Laws of his progenitors after his pleasure, and unjustly causing a Noble-man called Belin to be tied to a stake and beaten to death, without guilt or Trespass. Hereupon the Lord's and Commons, fearing like punishment without deserving, murmured and conspired against him, and slew him and his wife (then great with Child) as they were hunting in a wood: After which they restored Theodericus (whom they had deposed) to his former dignity; under whom Ebroyn getting into place and favor again, used such Tyrannie towards the Nobles and People, that Pipin and Martaine raised a great army against him, lest he should destroy the Common-weal, gave him battle, and at last Hermefreditus slew him: After which Pipin was made Master of the Palace in his place. K. Dagobert the second dying without any Issue or known He • re at all, one Daniel (after named Chilpericke) a Priest, was by the Lord's and people's general assent chosen King of France, Anno 721. for that by their former experience of him, they deemed him apt for the rule of the Land. After whose death, Theodoricus son to Dagobert, (secretly fostered among Nuns within Nunneries in woman's clothing) was espied and admitted for King: During most of the forenamed Kings, the grand Master of the Palace swayed the Kingdom at his pleasure, and executed the Office of the Kings, who had nothing but the bare name of Kings, and were subject to this grand Officer: Whereupon Theodoricus dying, Childericus his son being a Sott, and for his dullness unfit to govern, Charles Martell Master of the Palace, (who swayed all things in Theodoricus reign) deceasing, his two sons Charlemaine and Pipin, by the advice of the Nobles of the Land, considering the insufficiency of the King to rule so great a charge, divided the Land of France between them, so that either of them should under the King Rule and Governe such proportion as then there was to them appointed: Charlemayne soon after renounced his Government and turned Monk; and Pipin, as only Ruler, took upon him the charge of the whole Realm, Pipin then considering in his mind in what danger and trouble before him, his Father, and he now had ruled the Land, and that the King to whom belonged all the charge, kept his Palaces, and followed all his delights and pleasures, without taking any pain for reformation of the same; sent an ambassage to Pope Zacharias, (asking his advice in point of conscience,) Whether it were more necessary or wealfull for the Realm of France, that he should be admitted for King, that did nothing but apply his mind to all bodily pleasures, without care and charge taken upon him for the guarding of the Land, and the People of the same; or he that took upon him all the charge and pain in defense of the Land, and keeping of the people in the due subjection? To th • s the Pope answered, and wrote back to Pipin, that he was best worthy, and most profitable for the Realm, to be admitted for King▪ that ruled well the Commonalty by justice and prudence, and the enemies thereof defended and subdued by his policy and manhood. Aventine relates his answer more largely, in these words; I find (saith Zacharias) in the Story of Divine Scripture, that the people fell away from their reckless and lascivious king, that despised the counsel of the wise men of the Realm, and created a sufficient man, one of themselves, King; God himself allowing their doings: All Power and Rule belongs to God, Princes are his Ministers in their Kingdoms; And Rulers are therefore chosen for the people, that they should follow the will of God, the chief Ruler in all thing • , and not do what they life • He is a true King that guideth the people committed to his charge according to the Prescript and Line of God's Law; all that he hath, as power, glory, riches, favor and dignity, HE RECEIVETH OF THE PEOPLE, and the people, MAY WHEN THE CAVSE REQVIRETH, FORSAKE THEIR KING. It is therefore LAVFVLL for the Franks and Germans, refusing this unkindly Monster (Childericke) to choose some such as shall be able in war and peace, by his wisdom to protect and keep in safety their Wives, Children, Parents, Goods and Lives. Which answer of the Pope (recited and approved in our own King Edward the Confessors Laws, and Childerickes deposition likewise Chap. 17.) being declared to the Lord's, Barons, and Commons of the Realm (whom this Pope likewise wholly absolved from their allegiance to Childericke) soon after, they of one assent and mind▪ proceeded, and deposed, and put down their King and Governor, Childericke. being a Sott, a fool, abeast, and one unfit to govern, and closed him in a Monastery, after he had reigned ten years in the Kings room, by name only; which done, they unanimously elected and crowned Pipin for their King: By means whereof the Royal Line of Moroveus after 17 discents ended, and the Crown was translated to Pipins blood. Which act in point of policy, is determined lawful by Polybius, who Writes, That the reason why some Kingdoms became hereditary, was only this, because their first Kings being virtuous and worthy men, they were persuaded their Children would prove like them; but if at any time they degenerate, and prove otherwise, and the posterity of the first Kings displease the subjects, they thenceforth make the Kingdom elective; choosing Kings, not according to their strength of body and minds attempting great things, but according to the difference of their will and reason manifested by their actions: And by Aristotle, who informs us, That in Kingdoms confirmed in succession of blood, this is to be numbered among the causes of their ruin, that the Kingdoms descend to many contemptible and slothful persons, who although they obtain no tyrannical but Royal dignity, yet they live lustfully and proudly; and so the Kingdom easily falls to ground, and becomes a tyranny, the people being unwilling that such should rule over them; and so either wholly alter the form of government, or make choice of a fitter King for the necessary preservation of the State; yea this election in poi • t of Policy and Divinity too, is justified and proved lawful by Buchanan, in his Book de Iure Regni apud Scotos; by John Mariana, de Rege & Regis Instit. l. 1. c. 3, 5. by Pope Zacharias in his forecited Epistle, by King Edward the Confessor in his Laws c. 17. by a general Council of all the Peers, and Prelates of France; Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt, &c. ac OMNIBVS GAVDEN • IBVS ET VOLENTIBVS, Pipinum super Francos REGNARE FACIVNT; writes Antoninus: and in a word, our Bishop Bilson himself, an Anti-Puritan, and great Royalist, affirms, That if the King be a natural fool, distracted, and altogether unable to govern, as Childericke was, any Realm, by public consent and advice, may choose another to govern them: of which more before.

Pipin deceasing, Charlemain and Charles the great, his sons, reigned jointly over the Frenchmen, by their joyous admittance. Having now two Kings instead of one Louis, surnamed the godly, son of Charles the great, ( a pious, yet unfortunate Prince) by means of his son Lothair, was first imprisoned, and then by a Council and Parliament held at Compaygne, by authority of the spiritual and temporal Lord's, and of that Parliament, discharged of all rule and dominion, as well of the Empire, as of the Realm of France; after that shorn a Monk, and thrust into the Monastery of Saint Mark, where he was strictly guarded; and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity; he answered them: That the deposing of him was done by the whole Authority of the Land; wherefore if he should be again restored, it must be by the same Authority, and not by him only: After which by the Lord's assents he was restored.

Louis and Charles, after Louis Balbus their fathers death, were joint Kings of France, and being very young, by a Parliament held at Meaux, Louis the Emperor, their Uncle, was declared to be more apt to rule the Kingdom of France, then these Infants, or Barnard their Guardian, and these Children held by some illegitimate. Whereupon, by the greater number of voices an Ambassador was sent to the Emperor, to come and take upon him the Rule of middle France, which he coming to do, his Nephews friends compounded with him, and then caused these Infants to be c • owned and proclaimed Kings.

Charles the simple, at his Fathers death, Anno 895. being too young to take upon him the charge of the Realm, the Lord's of France put him under good and convenient guiding, and of assent they chose Eudo, a man of great fame and worth, to be King of the Land, for the term of his life, and to guide the Land, till Charles should come to his lawful age, whom they put under Eudo his tuition, making him King in his stead, who was crowned of Walter then Archbishop of Senys. After which when Eudo knew he should die, he called before him the Lord's and Nobles of France, charging them by solemn Oath, that after his death they should immediately crown Charles for their King (whom he had brought up with diligence in learning and all Princely virtues) being then of age to govern. Charles coming to the Crown, the Danes miserably wasted • is Kingdoms; Whereupon his Nobles and people assembled themselves in sundry companies, and w • nt to the King, showing their misery and blaming his fearfulness and negligence, that he no more for him resisted the Danes cruelty; Whereupon (he out of fear belike, lest they should choose another King to protect them) compounded with Rollo chief Commander of the Danes, giving him all Normandy, and his own Daughter in Marriage, to purchase peace; Charles being afterwards slain by Hebert Earl of Vermendoyes, Algina his wife mistrusting the Frenchmen, fled secretly with her young son Louis (Heir to the Crown) to Edward the Elder into England: Whereupon, that the Land might not be without a Ruler, the Lord's of France assembled at Paris, and there took Council to elect a new King: where, after long debate, they named and crowned Raulfe, son to Richard Duke of Burgundy King, as next Heir to the Crown but young Louis: Raulfe dying after he had reigned 12 years, the Nobles hearing that Louis was alive in England, sent for him into France and crowned him their King. Louis the 6. dying without issue, being the last King of Pipens blood (who enjoyed the Crown 10. discents) Hugh Capet usurped the Crown, putting by Charles Duke of Loraigne, Uncle and next heir to Louis, whom by the Treason of the Bishop of Lao • , he took prisoner: After which the Crown continued in this Hugh and his Heirs. Philip the 2. of France, by a counsel of his Prelates was excommunicated for refusing to take Ingebert his wife, whom he unlawfully put from him, and to renounce Mary whom he had married in her stead; And calling a Parliament, they concluded, that King John of England should be summoned to appear as the French Kings Liege-man, at another Parliament to be holden at Paris within 15. days after Easter, to answer to such questions as there should be proposed to him for the Duchy of Normandy, and the County of Angeou and Poytiers; who not appearing at the day, Philip hereupon invaded and seized them: After which, Louis the 9. and Henry the 3. of England in a parliament at Paris, made a final composition for these Lands.

Louis the 10. being under age, was thought of many insufficient to govern the Realm and when he had a mind to go to the holy War (as it was then deemed) he did not undertake it, but by the advice of his great Council of Spiritual and Temporal Lord's and persons, who assisted him therein. Philip the 4. in the 27. year of his Rain, raised a great Tax throughout France, (which before that time was never heard nor spoken of) by his absolute Prerogative, without consent of his Estates in Parliament, which had the sole power of imposing Taxes: Which Tax all Normandy, Picardy and Champaigne allying themselves together, utterly refused to pay: which other Countries hearing of, took the same opinion, so that a great rumour and murmur was raised throughout the Realm of France, in such ways, that the King for pacifying the people, was fain to repeal the said Tax.

Louis 11. of France dying without issue male, left his Queen great with child, whereupon Philip his Brother reigned as Regent of France, till the child was borne, which proved a male, named John: who dying soon after, Philip was crowned King at Paris, albeit, that the Duke of Burgoyn and others withstood his Coronation, and would have preferred the Daughter of King Louis. But other of the Lord's and Nobles of France, would not agree, that a woman should inherit so great a Kingdom, it being contrary to the Salique law: This Philip by advise of evil counsel set a great Tax upon his Commons to the Fifth part of their movable goods, at which they murmured and grudged wondrous sore, and before it was levied, he fell into a Feever Quartan and great Flixe, whereof he died: which Sickness fell upon him by prayer of the Commons for laying on them the said grievous Taxes. Charles the fifth of France, having a purpose to drive all the English • u • of Aquitaine, and other parts of his Kingdom; and being provided of all things which he thought needful for the doing of it, yet would not undertake the war without the counsel and good liking of the Nobility and people, whose help he was to use therein: Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice, and by their wisdom to amend what had by himself not altogether so wisely been done, and considered of. And this war being at last decreed by the Council, prospered in his hand, and took good success. Whe • ease when the Subjects see things done, either without counsel, or contrary to the wills and decrees of the Senate or Co • ncell, then they contemn and set them at naught, or else fearfully and negligently do the command of their Princes; of which contempt of Laws, Magistrates, and sedditious speeches ensue among the people; and so at length most dangerous rebellion, or else open conspiracy against the Prince, as Bodin observes. This Charles dying without Issue Male, leave • ng his Wife great with Child, Philip Earl of Valoyes, his Nephew, was by the Barons and Lord's made Protector and Regent of the Realm of France, until such time as the Queen was delivered; who being brought to bed of a Daughter only, hereupon Philip was crowned King. Between him and King Edward the third of England, and their Councils, arose great disputations for the Right and Title to the Crown of France; for it was thought, and strongly argued by the Council of England, for so much as King Edward was son and sole Heir to his Mother Queen Isabel, daughter to King Philip le Beaw, that he should rather be King of France, then Philip de Valoyes, that was but Cousin German to Philip le Beaw: Of which disputations, the final resolution of the Lord's and Parliament, was, That for an old Decree and Law by Authority of Parliament long before made, (which the English much oppugned) that no woman should inherit the Crown of France; therefore the Title of Edward by might of the Frenchmen, was put by; and Philip by an Act of the whole French State, (by which his right was acknowledged) admitted to the Government of the same. After which one Simon Poylet was hanged in Chaines, Headed, and Quartered at Paris, for saying in open audience, that the right of the Crown of France belonged more rightfully unto King Edward, then to King Philip; who had long wars about these their Titles to the Crown.

King John of France, in the fifth year of his reig •• , had by authority of the three estates of his Realm assembled in • arliament (to wit of the spiritual Lord's and Nobles, and Heads of Cities and good Towns of his Kingdom) 3000 men waged for a year, granted to him to defend him and his Realm, aga • n • t Edward the third King of England; who the next year following took King John prisoner in the field: Whereupon Charles Duke of Normandy, his eldest son, and Heir apparent, assembled the 3 Estates at Paris in a Parliament there held, craving aid of them to redeem their captivated King; who promised their uttermost help herein, desiring convenient time to consult thereof: Which granted, the three Estates holding their Council at the Gray Friars in Paris, appointed fifty person▪ among them to take view, and make search of the grieyances and evil guidance of the Realm; who after examination appointed six of themselves to acquaint the Duke, That the Realm before time had been misguided by ill Officers, and except remedy for it were shortly found, it should stand in peril to be lost; wherefore they besought him to discharge all such as they would name unto him, and over that to forfeit their Goods to the Kings use. And first they name Peter Archbishop of Roa • , Chancellor of France, Sir Simond de Bury, chief Counselor of the King and Parliament too, Sir Robert de Lorize before time Chamberlain to the King, Sir Nicholas Brake Master of the kings Palaces, Engueram Burgess of Paris & under Treasurer of France, John Pryll Sovereign of the money & Kings accounts, and John Channeon Treasurer of the Kings wars. All which Officers they would should be discharged all royal Offices forever: Also they would that the King of Naverne (then imprisoned by the King of France) should be set free, and that Duke Charles himself would be contented to be advised and counseled by such as they should appoint unto him; namely, by four Prelates, twelve Knights, and twelve Burgesses, which eight and twenty persons should have authority to rule and ordain all things necessary for the Realm, to set in and put out all Officers appertaining to the Realm, with divers other requests which unto the Duke were nothing agreeable: Upon which requests the Duke gave answer, That he would counsult with his Council, and thereupon would shape unto them some reasonable answer. But first he desired to know, what aide the three Estates would give unto him, for delivery of his Father: Whereunto was answered, that the Clergy had given a disme and a half to be paid in a year, with that, that they may have license of the Pope, and the Lord's as much to be levied of their lands, and the Commons the tenth penny of their moveable goods. The morrow following the Duke and his Council met, and after many Messages between them and the three Estates, offers to reform some part of the Articles. But the Estates firmly answered, That unless he would reform all the said faults, and confirm the said Articles to their mind, for the Commonwealth of all the Land, they should not aide him with their Goods, like as they shown him. The Duke hereupon secretly acquainted King John of these proceedings, who wrote to him again, that in no wise he should agree to the said requests, and to the end that these matters should not be touched in open Parliament, he deferred the debate of them from day today; and at last by advice of his Council, dis • olved the Parliament of the three Estates, and commanded every man to return home without any effect of their long counsel: Wherewith many of the said persons were grievously miscontent, saying among themselves, that they perceived well this was done by the Duke to the intent the requests by them devised, should not take place, but that the old misgovernance might continue like as before times it had done: Wherefore divers of them assembled again at the Gray Friars, and there made out divers Copies of the said requests, to bear them into their Countries, and show them unto the good Towns. And albeit the Duke after this Council thus disolved, asked aid of the City of Paris, and other good Towns to maintain his wars; he was plainly answered,