The Sovereign Power of Parliaments Part 4

The Parliaments Interest in the Militia, Forts, Navy, & Officers of the Kingdom.

I N the preceding Parts of this Discourse, I have with as much perspicuity and sincerity as I could, waded through those deep and weighty differences of greatest importance, which have lately (to our great unhappiness) I know not by what evil spirits solicitation, unexpectedly risen up by insensible degrees, between the Kings Majesty, and the present Parliament; (whose primitive sweet agreement, made us not so happy, as their subsequent Divisions in place, affection, opinion, have rendered the whole three Kingdoms miserable,) in point of Royal Prerogatives only, which I have dispatched: I should now proceed to other Controversies between them, principally concerning the Subjects Liberties; But before I pass to those particulars; I shall present you with some few Records of special note (casually omitted in their proper place, through over-much haste, and want of time) which will very much clear the Parliaments just right, and ancient Jurisdiction In ordering the Militia of the Realm, by Sea and Land; in disposing the Ships, the Forts of the Realm for the public safety in times of danger; in concluding matters of War and Peace; in placing and displacing the great Officers, the Privy Counselors of the Kingdom; yea regulating the Kings own household, and meniall servants oft times; when there was occasion; which may serve as a supplement to the second part.

It it the determination of Henricus Rauzovius, a Noble Dane, a great Statesman and Soldier in his Commentarius Bellicus, Dedicated to Christierne the fourth, King of Denmark, Anno 1565. lib. 1. c. 3. That All Kings and Princes in most Republickes, rightly and lawfully constituted, are obliged by their paction entered into before their Inauguration, Not to begin or move any War without the consent of all the Estates and Nobles. Thus in my hearing, Philip King of Spain, when he demanded and took an Oath from his Subjects in the Netherlands, promised by a mutual Oath to the Estates, That he would make no wars in those parts without their privity. The same also (most Noble King) is received and observed not only in your Kingdoms and Dominions, but likewise is in use almost in all Europe. Therefore Frederick your Father of most famous memory, knowing himself to be bound hereunto by compact, before he would be involved in the Swedish War, communicating the whole business faithfully to his people, as well to the Senators of the Realm, as to the Nobles of the Dukedoms, maturely advised with them about the manner of waging it. Wherefore, lest the War which is undertaken be accused as unjust by the States, because it was undertaken without their advice, contrary to custom and agreements, all ought to be assumed into the Counsel and care of War. For thus it will come to pass, besides, that things very well thought on and deliberated by many, have for the most part better successes, than those things which are rashly begun by someone; that the Subjects, who not unwillingly bring their estates and lives into danger, will less fear the loss of both, will fight more valiantly, and will put forth all their strength in prosecuting and ending the combat of war, even for this reason, that themselves have been the advisers of the war. Upon this reason, not only the Kings of the Jews, Aragon, France, Navarre, and others, (as I have manifested in the Appendix) but even of this our Realm, have usually undertaken all their wars, and ordered all their Military affairs, both by Sea and Land, by the advice and direction of their Parliaments, as the Grand Council of War, both for King and Kingdom. This I have plentifully manifested in the premises, by sundry examples, and shall here only briefly ratify with some few new Precedents.

In the first Parliament of 13 Ed. 3. after Proclamation made, Num. 2. That none should come armed with weapons to the Parliament, Num. 3. The causes of summoning the Parliament were shown to the Lord's and Commons, to have their counsel and advice therein, what was best to be done; and expressed to be three. First, that everyone, great and small, should consider, in what manner the peace might most surely be preserved within the Realm. Secondly, how the Marches of Scotland, and the Northern parts might be best defended and kept against the enemies of Scotland. Thirdly, how the Sea should be guarded against the enemies, that they should do no damage, nor enter the Realm for to destroy it. After this. Num. 4. The Bishops and Letters from the King then in France, relate to the Houses the Estate of the Kings Army, wars, and proceedings in France, and the great debts the King stood engaged in for the maintenance of his Army; for discharge whereof and the Kings further relief in the easiest way, to support his wars, the Lord's condescended to grant the ninth sheaf of all their corn, and the ninth fleece and Lamb of all their flocks to the King, for the two next years, so as the custom of Mal-tolt, newly imposed on Wools, should be released, and this grant not drawn hereafter into custom, as a precedent to their prejudice. Who acquainting the Commons therewith, they after deliberation; As to the Kings supply; returned this Answer. Num. 8, 9. That they thought it meet the King should be supplied, and were ready to aid him, as they had always formerly been, but yet as the aid was granted in this case, they durst not assent to it, until they had consulted and advised with the Commons in the Country; for which end they craved time to go into their Counties, and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary, of the richest Knights in every Shire at a short day to come, (which, was condescended to.) After which, Num. 9, 10, 11. they gave this answer in writing concerning the three Articles propounded to them: First, As to the keeping of the peace of the Realm, that the Justices of the Peace had sufficient power already to that purpose; only they add, that disturbers of the peace should not be let out of Prison, but upon sufficient Bail, and that no Charters of pardon should be granted to Felons, but by common consent in Parliament, and all other pardons held as void. To the second they answered, That the King before his going beyond the Seas had taken so good order, and appointed such sufficient Guardians to defend the Marches of Scotland, who were best able to guard those parts, that the enforcement of them by the Kings Council would be sufficient, without any charge to the Commons; Only, they ordered, that every man who had Lands in the Marches of Scotland, of what condition soever they were, should reside upon them to defend them (as it had been formerly ordained) without charge to the Commons. To the third, concerning the guard of the Seas: The Commons prayed that they might not be charged to give Counsel in things of which they had no conisance (or charge;) and that they were advised, that the Barons of the Ports which at all times have honors before all the Commons of the Land, and are so enfranchized to guard the Sea between us and strangers, (if so be it falls out, that they will enter and assail our Land) that they contribute to no aids nor charges on the said Land, but receive profits without number arising by the Sea, for the Guard aforesaid. Wherefore the Commons are advised, that they ought to maintain a guard upon the Sea, as the Commons do upon the Land, without taking or demanding wages. Likewise, there are other great Towns and Havens which have a Navy, that are in the same case, and are bound to guard the Sea. And as for the safeguard of the Watch-houses upon the Sea by Land; let the guard of them be made by the advice of the Knights of the Shire, where the said Guardians are assigned, in the safest manner that may be, without charge of the Commons: And that the people of the Land, of what condition soever, which have lands on the Coast, shall keep residence upon those Lands, the better to repulse the enemies from the Land, so that for their abiding there, they shall be discharged to give any aide toward the same guard elsewhere. Num. 13. The Commons frame and demand a general pardon, upon grant whereof they promise to aide the King with monies. Num. 14. They make an Ordinance for increase of monies in the Realm. Num. 15. Because the ships of England went not out together in Fleetes, to trade, but severally, out of desire of gain and covetousness, and so many of them were taken by the Enemies of the King, and the men slain and murdered, to the dishonor of the King and the whole Realm; it was agreed, and assented in full Parliament, that all the Navy should stay and be arrested, till further order were given to the contrary. Num. 16. It was accorded and assented in Parliament, that the Bishops and Lord's in the Parliament, should send Letters to the Archbishop of York, and the Clergy of his Province, under their Seals, to excite them to grant a convenient aid for the guard of the Marches of Scotland, for the defense of the Church, the Realm, and themselves, as the Clergy of the Province of Canterbury had done. Num. 17. It is accorded, that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the Country of York, to survey the Array of the people, which shall be chosen for the defense of the Realm, in lieu of Sir Thomas de Blaston. That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Nottingham and Denby, and John Feriby in the County of Lancaster. Num. 18. It is assented that the people of Holdernes shall be Arrayed, taxed, and make aid for the guarding of the Marches of Scotland, and other businesses of the King in those parts, notwithstanding the Commission made to them to guard the Sea, Num. 21. The Lord's who have Lands towards the Marches of Scotland, are commanded and prayed by writs and Letters to repair thither for defense thereof, namely the Lord's of Ros, Wake, Mowbray, Clifford, and Master William Daubeny Steward of the Earl of Richmond, and that those who could not in this case go in proper person, should send their people to the Lord's in the Marches.

In the second Parliament held this year, by appointment of the first (Octabis Hilarii, 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall, Guardian of England (in the Kings absence) being hindered by other businesses to be present in this Parliament, by Letters Patents under the Kings great Seal, appointed the Archbishop of Canterbury, and others to supply his place, and hold the Parliament. Num. 6, 7, 8, 9. The Commons for the defense of the Realm, Sea, and Marches of Scotland, granted the King thirty thousand sacks of Wooll, and the Earls and Barons, the ninth sheaf, Fleece and Lamb, within their Demesne Lands; and agreed to raise a great sum of money presently, to set out a fleet of Ships to Sea, fraught with men of arms, and archers for defense of the Realm. Num. 10. All the Merchants of England, were summoned by writ to appear at Westminster in proper person, to confer upon great businesses concerning the Kings honor, the salvation of the Realm, and of themselves. Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent; and were to receive a sum of money to help defray their charges herein; and the men of the Cinque-ports, promised to defray the moity of the costs; and the Kings Counsel the other moity, but not in name of wages, but out of special grace; and the Cinque-ports were to find 21 ships of their own, and nine ships of the River of Thames. Num. 12. The Mariners towards the West promised to find 70. ships of an hundred Tunne and upwards, and to make them ready by the same day; and to defray the charges of them as far as was requisite; and for the residue, the Kings Counsel were to send them a sum of money for their aide, but not as wages, but of special grace; and a Clerke was ordained to survey the charges of the Mariners of the West; and of the Cinque-ports. Num. 23. All the ships of Portsmouth, and the West, were to meet at Dartmouth at the day assigned; and the Earl of Arundell was assigned their Admiral; And the ships of the Cinque-ports and the River of Thames, were to meet, & assemble at Winchelse, and the Earl of Huntindon, appointed their Admiral; and that all these ships should be ready by the middle of Lent, Num. 19. The Admiralls of all parts were commanded to arrest all other ships, that might pass the Seas, for fear of being surprised by the enemies, & that 200. men should man those to whom the smaller ships belonged, to bring them in to such havens where they might be safest from the Enemies. Num. 15. Writs were directed to all Sheriffs of England to make Proclamation, that all those who had Charters of pardon, should repair towards the Sea, in the service of the King, and at his wages by the middle of Lent, upon pain of losing their Charters, and being put to answer the things contained in them, in case they should not go. Num. 16. It was accorded and assented in Parliament, that Master Richard Talbot ordained to guard the Town of Southampton, which he had undertaken to do, should have a company of men at Arms, and Archers at the Kings wages, which he might increase if there were cause; that he and they should have their wages paid them monthly, from the second Sunday in Lent, and so forwards whiles they continued in that Services, & that he should receive 200. pounds in money, and 200. marks in Wooll, in respect of his said service, and to defray his ancient debts. And he had power given him to assesse and levy monies upon the said Town, towards its defense; and if the Town were not able to defray all the charge, the King should aid them for the residue.

Loe here in these two Parliaments (the Rols whereof I have recited more largely, because rare and memorable) all businesses concerning the Wars, Militia and Array both by Land and Sea, were particularly consulted of, ordered, and determined in and by the Parliament only; in a far more ample manner then this present Parliament at first petitioned, desired they should have been ordered and settled now.

In the Parliament rolls 14 E. 3. Num. 19. Certain men are appointed to guard the Islands and Sea-coasts against the enemies. Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwicke. Num. 53. 54. 55. &c. Commissions of Array in several Counties are made by Parliament to the Earl of Angoyes and others, for defense of the Kingdom.

In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others, to appoint able persons for defense of the Marches of the East-riding.

In the Parliament Roll of 1 R. 2. Num. 51.

In the Parliament of 7 & 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals, to guard the Seas.

In the Parliament rolls of 2 R. 2. pars 2. Num. 37.

In the Parliament of 6 R. 2. pars 2. Num. 11.

In the Parliament of 15 R. 3. Num. 15.

In the Parliament of the 14 H. 6. Num. 10.

In the Parliament of 31 H. 6. Num. 41. pro custodia Maris, it was enacted:

In the Parliament of 33 H. 6. Num. 27. the said Lord's were discharged of the custody of the Sea by the Parliament, in these words:

In the Parliament of 39 H. 6. Num. 32.

And to cite no more presidents in so clear a case: in the Parliament of 21 Iacobi ch. 33.

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. Num. 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.

In the Parliament of 11. Richard 2. Num. 23.

In the Parliament of 5. Henry 4. Num. 16.

In the Parliament of 7. & 8. Henry 4. Numb. 31.

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, Worcester, 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 Northumberland, the Earl of Westmorland, the Lord Cromwell, the Lord Fitz-Hugh, the Lord Bourchier, the Lord Scroop, Master Walter Hungerford, Master John Tiptoff, Thomas Chaucer, William Allington.

In the Parliament of 29. Henry 6. num. 16. 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.

These 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: party 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 save their Purses, 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 Statues 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 then I answer, That the Parliament is the absolute Sovereign power within the Realm, not subject to, or obliged 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 Histories, with the Prefaces and words of the Acts themselves attest; to redress which grievances alone these Laws were made by the Parliaments and people's earnest solicitations, much against the Kings good will. The Parliament then (who would never solicit the making of a Law against, or to restrain it self) being clear out of the original ground and mischief of enacting these Laws, and the King, with his Ministers, and inferior Courts only within them; they can no way extend to the Parliament, but to them alone.

3. The Parliament, ever since the making of these Acts, hath always constantly enjoyed an absolute right and power, without the least dispute, of granting and imposing on the Subjects whatsoever Taxes, Subsidies, Aids Confiscations of Goods, or restraint of Liberty by temporal or perpetual imprisonment, it thought meet and necessary for the public defense, safety, and tranquility of the Realm, as the several Taxes, 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 restrained 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:

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 Prelatos, 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, Woollfels, or Leather, oth • r 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, Aide, 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 they 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 Assessments 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 special 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 tortious act of his (paralleled in no age) should nullify the Parliament, or any way invalid its Impositions 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 Assessements, Taxes, Subsidies, 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 in 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 chattels, &c. in aide of the good keeping the Realm as well by Land as by Sea, &c. We your poor 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 Peers 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. An absolute right and power to grant or deny Taxes, Subsidies, aids and assistance as they saw occasion. 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 promising 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 oaths 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 failed 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 Jac. 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 grant 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 veult; 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 assessement 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, licitum 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 impositions 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 extremity. This I shall further clear by some ancient and late judgments in point.

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 whereof, 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 sol • mne 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 Protestant Religion, &c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT, THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT, And every person that maketh this Protestation, in whatsoever he shall do in the 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 o • lige every particular subject, though the King assented not thereto, as well as that agreement of the men of Durham, did oblige them even in point of Law, Justice, Conscience, transcends my 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, search • , 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 assert of the Burgesses of Saint Albanes, whereof the Plaintiffe was one, for assessing of a certain sum of Money upon every Inhabitant, for the erecting of Courts there (the Term being then adjourned thither from London, by reason of the Plague) with a p • nalty to be • l •• yed, by 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 Jefferies Case, and Pasch. 41. Eliz. Pagets Case, it was resolved; That the Church-Wardens with the greater part of the Parishioners assents, may lay a 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 where by 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 Infant, 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 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 Majesty's 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 Army of English, Irish, Scottish, French, and Germane Papists to maintain and settle the Protestant Religion among us, (which they have plotted totally to extirpat • , as appears by their proceedings in Ireland, England, and the late plot discovered among the Archbishops Papers) and the like, are warranted? (which questions I doubt would put them to a non-plus, and silence them for 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 in former, 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 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 read • lie 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 Declaration; 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 Courtpartie (to the amazement of all intelligent men) between the Irish Rebels, (now the Kings best Subjects as it seems) who may do what they please without censure or restraint; and the English (now un-Parliamented (Parliament, though perpetuated by an Act of Parliament) who may do nothing for their own, or the Kingdoms safety, but it must be high Treason at the least. O temporâ; ô mores: Quis 〈◊〉 fando temp ret a lachrymis? Add to this, That the Lord's Justices and Council in Ireland, the twenty nine of June, 1643. have without authority 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, Vortigerne, Sigeb • rt, Osred, Æthelred, Beornard, Leowulfe, Edwin, (whom they 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 sentit commodum, sentire 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 Enemies; granted an aid of the ninth Sheaf, Lamb, and Fleece, besides many thousand Sacks of Wooll, 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 fleet to encounter them by Sea, and prepared a strong Army of Horse and Foot by Land, that if they prevailed against them at Sea, (which they feared not,) yet they might valiantly and constantly entertain and repulse them, on the shore and dry Land; which the King of Romans being informed off, disbanded his forces, and came over privately with three Knights only attending him. This was done without the Kings assent, and yet at public charge. When King Richard the first was take • n particular 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 Woolles of the Abbots of the Order of the Cistersians, and of Semphringham, and all the Gold and Silver Chalices, and Treasure of all Churches should be paid in, toward the freeing and 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 Judicaturo paramount all other Courts, their commitments cannot be Legally questioned, determined, nor their prisoners released by Habcas Corpus, in or by any other inferior Court or Judicature whatsoever. 3. The Parliament hath power to make new Laws for the 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 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. E. 6. cap. 1. 1. Eliz. cap. 2. with other 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 re • olved in Parliament, upon the making of the S • atute of 35. Eliz. cap. 1.) as is evident by the case of Thomas of Weyland, An. 19. E. 1; Of P • irce Gavaston and the two Spencers in King Haward the second his reign. Of the Lord Maltrav • rs in Edward the third his reign; Of B • lknap and divers, over Judges in the 10 and 11 y • ers of Richard 2. his reign, by the Statutes of 33. El. c. 1. S • paratist • , 〈…〉 39. El. c. 5. R • gues are to be banished: and in Calais heretofore, a woman might be justly banished the Town for adult • ry; and a scould at this day after three convictions is to be banished out of Westminster, and rowed ov • r the Thames from thence thorough the water at the tail of a Boat, for the quiet of the City. Then much more may any private seditious turbulent Malignants • e justly restrained to some safe places where they may do no harm, till the wars and troubles be ended, or themselves re • laimed. Fifthly, By the Common and Statute 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 or, and s • cured, or else their persons banished the Realm, and borders of England, during the wars with others of that Nation, l • ast they should assist them in the wars with their Estates, persons, or intelligences, or betray the Kingdom, or pl • ces where they resided to the Enemy; And upon this ground by the 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 treachery, intelligence, and assistance of the Enemy. A thing generally practiced and warranted in all States and Kingdoms, (as well as in England,) by the very Law of Nations, as just and necessa • y in times of wars; as Martinus Laudensis de R • praesaliis & de Bello, Henricus Ranzovius his Commentarius Bellicu • , Ge • rgius Obbrectus: Dispute: Juridca de Bell • , Henri • us Boc • rus de Jure Pr • gnae▪ Hung • Grotius, & Albericus Gentilis, in their Books de Jure Belli, and all Historians evidence: Therefore 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 Wales, to repair to their Houses and Lands there, with all their Families, for the defense and saf • tie of the Realm, under pain of imprisonment, and confiscation of their Goods, and Revenues there, and elsewhere, as is evident by 13. E. 3. nu. 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. • 4. the Statutes confining Papists to their Houses▪ and sundry other Presidents. The • efore 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, Gainsborow, 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 seifing 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 Majesty or any English Protestant can patiently suffer these Irish Rebels to shed anymore Protestant English blood, 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 afterwards 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 Johns 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 seisures, only by way of distress or sequestration: For the Barons, Knights, and Commons, with their whole Army being m • t t • gether 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, th • y should d • sert a perjured King, and adhearing faithfully to them, should with them inviol • bly stand, and effectually contend for the Liberties and Peace of the Kingdom; which if they contemned to do, thy would with force of Arms, and Banners disslayed, MARCH AGAINST THEM AS PUBLIKE ENEMIES, SUBVERT THEIR CASTLES, BURN THEIR HOUSES AND EDIFICES, AND NOT CEASE TO DESTROY THEIR PONDS, PARKES, AND ORCHARDS. Whereupon all the Lord's, Knights, and People, d • serting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons in the Common Cause. (wherein to be a Neuter, was to be an enemy, and no member of the 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, scattereth 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 consiscation, 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 prud • nter perscrutando, & invenit NON MODICUM THESAURUM paratum, dictis Pictaviensibus clanculo deferendum; qui TOTUS CAPTUS EST, IN CASTRO RESERUANDUS. Similiter Londini apud novum Templum THESAURUS MAXIMUS, de cujus quantitate audientes mirabantur quem reposureunt Pictavienses memorati, licet contradicentes reniterenter Hospitelarii, CAPTUS est; AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS, writes Rishanger the continuer of Matthew Paris; a good President for the present times: After which the Barons banished all the Poictovine Malignants, who miscounselled and adhered to the King, out of England, Anno 1260; who Anno 1261. were all ba • ished out of London, and other Cities, and Forts. 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 soil of Stephen, Justiciar 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 Enemies 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, he 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, which made the people revile, and cast dirt and stones at her, as she was going to Windsore, enforcing her to retire again to the Tower. How William Longshamp Bishop of 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, one 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, for 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 bears 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 Sudsidies; and if any unnaturally war against their Country, or by way of intelligence, advise, or contribution, assist the common Enemy, or seduce, or withdraw others (by factious slanderous speeches against the Power and Proceedings of the Parliament,) from assisting the Parliament in this 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 doctrines, 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, Invocency, 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 York • s 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 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 dou • t 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, the Kings Ports, 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 enforcement, to over-power the Protestant party in the Kings Armies, no understanding man can without fear and trembling, co • sider.

O then, if ever we will 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 C • pitall, 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 this their cowardice. Yea Lacaena and Dametria, two magnanim • us Women, slew their timorous sons, who fled basely from the battle, with their own bands, disclaiming tbem 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 punishment far worse then death itself, writes Diodorus Siculus) whereas all other Lawyers made it Capitall; yea, our Common Law adjudgeth it Treason: Witness the notable Cases of Gemines 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 Jobn Walsh Esquire, accused of bigh Treason in Parliament against the King and Kingdom, for yielding up the Castle of Cherburg in France, to the enemy, when as he 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 xpassing 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 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 Juliani, quia pertinax; & indignatio, quia dura: vesanus furià, ammimosus furore, oblitus fidelitatis, imm •• or religions, contemptor divinitatis, crudelis in se, homicida in vicinos, reus in omnes. Memoria ejus in omni ore amarescit, & nomen ejus in aeternum pu •• escet.

Hungary.

THe Kings of Hungary are merely elective by the States and Senators, in their Parliaments or assemblies of the Estates, without whom they can neither make Laws, impose Taxes, levy War, nor conclude Peace; and the grand Officer of the Realm, to wit the great Palatine of Hungary (who hath the chief Command both in Peace and War, and power to judge the King Himself in some cases) is elected only in and by their Parliaments, as the Marginall Writers manifest at large. For their Realms and people's deportment towards their ill Kings (since they became Christians) when they have degenerated into Tyrants, and otherwise misdemeaned themselves; take this brief Epitome. Peter the second Christian King of Hungary, growing very insolent, Tyrannicall, and lascivious, ravishing maids, matrons; in the third year of his reign all the Nobles and people thereupon conspiring together, deposed and banished him the Realm, electing Alba in his place; who growing more insolent and Tyrannicall then Peter, was in the third year of his reign slain in war, and Peter restored to the Crown: who proceeding in his tyrannies, sacrilege, and cruelty, he was the third year after his restitution, taken prisoner by his subjects, his eyes put out, and imprisoned till he dy • d. Solomon the fifth King of Hungary, was twice deposed and thrust out of his Kingdom, first by King Bela, next by King Gysa, elected Kings by the people's general consent and acclamation; after whose death the Hungarians refused to restore Solomon, and elected Ladislaus for their King; whereupon Solomon became an Hermit, and so died. Ladislaus dying, left two sons, Almus the younger, whom they elected King and Coloman the eldest, to whom Almus out of simplicity surrendered the Crown, because he was the elder brother, whom he would not deprive of his primogeniture; but repenting afterwards, by the instigation of some of his friends, he raised war against his brother: But the Hungarians to prevent a civil war and effusion of blood, DECREED, that these two brethren should fight it out between them in a single duel, and he who conquered in the duel, they would repute their King; Which Combat Coloman being purblind, lame and crookback'd, refused; after which Coloman treacherously surprising his brother Almus, contrary to agreement, put out his and Bela his sons eyes, and thrust them into a Monastery. King Stephen the second son of Coloman, refusing to marry a wife, and following Harlots, the Barons and Nobles grieving at the desolation of the Kingdom, provided him a wife of a Noble family, and caused him to marry her. After which making a war to aid Duk-Bezen without his Nobles consent in which Bezen was slain: the Nobles of Hungary assembling themselves together in Council, said: Why, and wherefore die we? if we shall claim the Dukedom, which of us will the King make Duke? therefore let it be decreed that none of us will assault the Castle, and so let us tell the King, Because he doth all this without the Council of his Nobles: They did so, and added further, that if he would assault the Castle, he should do it alone; but we (say they) will return unto Hungary and choose another King. Whereupon, By the Command of the Princes, the Heralds proclaimed in the Tents, That all the Hungarians should speedily return into Hungary: wherefore the King when he saw himself justly deserted of his subjects aid, returned into Hungary. Stephen the third coming to the Crown, did nothing without the Authority and advise of the Senate. Stephen the fourth son of Bela usurping the Crown, was soon after expelled the Kingdom. Emericus being elected King, was very likely to be deprived by the Nobles and people for his slothfulness, but that he appeased them with good words and promises. King Andrew going to Jerusalem, his Queen, Elizabeth, in the mean time delivered the Wife of Bauchan a Nobleman, being very beautiful to her brother who doated on her, to be abused, which Bauchan hearing of, slew the Queen: the King upon his return examining this business, acquitted Bauchan, and judged her murder just, being for so lewd a fact. Ladislaus the fourth, giving himself to all effaeminacy, luxury, and Harlots, became odious to his Barons, Nobles, People, for which he was excommunicated by Firmanus the Popes Legat, that he might live Christianly and Chastly; but he reforming not, was soon after (in the year 1 • 90.) slain by the Cumans and his Kingdom infested with civil wars. Mary the daughter of K. Louis, being received as Queen by the Hungarians for her fathers merits, after his decease, being yet young, was married to Sigismond, who was admitted into partnership in the government of the Realm, and being governed by her mother and Nicholas de Gara, who persuaded them to carry a strict hand over the Nobles of the Realm, which they did: thereupon the Nobles seeing themselves despised, sent for Charles King of Naples into Hungary; forced Mary and her Mother to resign their rights to the Crown, and crowned Charles King at Alba Regalis. When he was crowned the Bishop of Strigonium, according to the custom, demanded of the people thrice, with allowed voice; Whether it were their pleasure that Charles should be crowned King? who answered, Yes: which done he was crowned, and soon after murdered by the two Queens treachery; Who were shortly after taken prisoners by John de Horrach, governor of Croatia; the Queen Mother Elizabeth drowned, Queen Mary kept prisoner, and at last released upon oath given, not to revenge her Mothers death: who contrary to her oath caused Hornach, and 32. Nobles more to be beheaded by Sigismond her husband, whose kindred and children thereupon conspired against King Sigismond, took and detained him prisoner Anno. 1401. till they should proceed further against him, and in the mean time the Nobles of Hungary elected Ladislaus King of Apulia for their King, and at last deposed Sigismond for his misgovernment, cruelty, love of women. After Sigismonds death, the Nobles and people were divided in the choice of their King; one part electing and crowning Uladislaus King of Poland, the other party Ladislaus an infant, for their King: but Uladislaus his party prevailing, he was not long after slain in a battle against the Turks; and the government of the Realm committed to that Noble Soldier Hunyadi, during the Minority of Ladislaus, who at his ripe age, was received and declared King by all the Hungarians. Ladislaus deceasing, the Hungarians elected the Emperor Frederick King, who delaying to come and take the election, they thereupon chose Mathias King, who enjoyed the dignity, notwithstanding the Emperors opposition. Anno. 1608. Mathias King of Hungary denied the Protestants in Austria free exercise of their Religion, they thereupon were forced to take up Arms, and assembling together at Horne made a Protestation, and sent to the States of Hungary requiring them to assist them with the succors that were promised by the offensive and defensive league: after which they obtained a peace, and part of what they demanded. Anno 1613. In an Assembly of the Estates of Hungary, the differences concerning the defense and Militia in the borders of Hungary against the Turk were ordered and settled. And An. 1618. After many slow proceedings, they elected Ferdinand of Bohemia for their King of Hungary; but with these conditions,

Bohemia.

For the Kings and Kingdom of Bohemia, M. Paulus Stranskius in his Respublica Bohemiae. c. 5 & 12. informs us out of the Fundamental Laws of Bohemia

How this Realm hath been altered from a Principality to a Dukedom, and from it again to a Kingdom, having sometimes Kings, sometimes Dukes, both elected by the free choice of the Estates, to whom they were inferior in Sovereign power, accountable for their mis-government, and removeable from their Throne: you may read in the marginal Authors. Not to mention the Bohemians deposition of Libussa a Noble Virago, who governed them for a season, reputing it a dishonor to the Nation to be ruled by a woman, and electing Przemys •• s for their Prince; their deposition and banishment of Prince Borzinegius, because he became a Christian, and renounced their Pagan Religion, though they afterwards twice restored him: Of Boleslaus Rufus, of Borzinogius the 2. thrice deposed banished by the Nobles and people, or Sobe • slaus, and other Princes. Wladislaus first King of Bohemia in his old age, by the assent of the Estates associated his son Frederick (Anno 1173) with him in the Regality. Henry King of Bohemia using the Council of the Germans rather then the Bohemians, and looking more after his own private gain then the Kingdoms, was deposed in a general Assembly of the Estates Anno 1310. and the son of the Emperor Henry the 7 ^th . chosen King, upon this condition, if he would marry the youngest daughter of King Winceslaus. King Wenceslaus the drunken, for his drunkenness, negligence and cruelty, was twice imprisoned and severely handled by his Nobles, and upon promise of amendment, restored to his liberty and dignity: in his and Sigismond his successors reigns Zizca and the Taborites in defense of their Religion against the Popish party, who most unjustly against their promise and safe conduct, caused John Hus, and Jerome of Prague to be put to death, waged great wars and obtained many victories against the King and Emperor, and gained free liberty of professing their religion publicly much against the Popes good will; which liberty they have ever since maintained by the sword, both against the Popish Emperors and Kings, by means of which civil wars, the kingdom suffered some Interregnums. During the Minority of king • c Ladislaus, Anno 1439. this kingdom was governed by two Presidents, appointed by the Estates.

Anno 1611. the Emperor Rodulph being willing to settle the kingdom of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose, the Estates thereupon drew many Articles which Matthias was to swear to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redress: and the inhabitants of Prague required the confirmation of 8. Articles, which concerned the private Government of their City: All which the Emperor and Matthias were constrained to Grant and swear to, before they would admit Matthias to be their King; who had nothing in a manner but the Title, some of the flowers of the liberty of the Crown, being parted with by his assenting to these Articles. Anno 1617. Matthias resigning the Crown of Bohemia, and renouncing his right thereunto, recommended Ferdinand Arch. Duke of Austria, to them or his successor. The States would not admit him king but upon Conditions, the which if he should infringe, The States should not be bound to yield him Obedience. Moreover it was added, That he should confirm: to the States before his Coronation, to maintain all the Privileges, Charters, Immunities, Municipall Rights, Constitutions and Customs, of the Realm and people, as the Emperor and his predecessors had done, by his Oath, and Charter in Writing. All which assented to, he was proclaimed and crowned king. Soone after the Arch-bishop of Prague causing some of the Protestant Churches to be ruined, and those who complained of it to be put in prison; and plotting the extirpation of the Protestant Religion, through the Jesuits instigation, contrary to their Liberties and the Provincial constitution; hereupon the Protestant States of Bohemia assembled at Prague, fortified the Town, binding the three Towns of Prague to them by an Oath; entered into a solemn League, promising to fight against the Common enemies of God, the King and Religion, and in that cause to live and die: to which end they levied a great Army; banishing the Jesuits out of Bohemia, as the Authors of all the miseries which had happened in that Realm, and many other Realms and States of Christendom, and inciting murderers to kill Kings who would not live after their manner, and meddling with affairs of State, and who had drawn the whole Country into the hands of certain perfidious Catholics, by whose practices the Country was in danger of ruin. For which causes they banished them forever out of the Realm of Bohemia, enjoining them to depart within 8 days, never to return. After this, the Protestants hearing that the Emperor and Popish party raised Forces against them, possessed themselves of many Towns and places within the Realm, and raised two Armies; All the Protestant Princes and States of Germany. Morauia and Silesia (except the Elector of Saxony) assisted them with men, money or Council, publishing a Declaration to justify their action, being for the Common cause of Religion, the • endangered. The Prince of Orange and States of the united Provinces promised them assistance of men and money, other Protestant Princes and the Protestant States of Lower Austria, did the like. The Protestant Armies after this had many victorious encounters with the Imperialists and Popish Forces, and took many Towns. King Ferdinand in the mean time, being newly chosen Emperor, the States of Bohemia being assembled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and protested by Oath, never to acknowledge Ferdinard for their King who had violated his first Covenants; resolving to proceed to a new Election; and on the 26. of August Elected Frederick the Prince Electer Palatine of Reine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand, their Election of Frederick, and his Title to be just and lawful, with their preceedent and subsequent wars in defense of Religion. Yea Frederick himself by sundry Declarations maintained his own Title: and the lawfulness of these wars; which passages and proceedings being yet fresh in memory, and at large related by Grimston in his Imperial History, I shall forbear to mention them. By this brief account, you may easily discern the Sovereign power of the Realm and States of Bohemia over their kings and Princes, most of the great Offices of which Realm are hereditary, and not disposable by the King, but States who Elect their Kings themselves, and their greatest Officers too.

Poland.

For the Kings and Kingdom of Poland. Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, informs us;

For their carriage towards their ill Kings, I shall give you only a short account. Miesco their second King, being unfit to govern, a man given wholly to his belly, ease, sleep, pleasure, and governed by his Queen, thereupon most of his subjects revolted from him; and he dying, the Polonians at first for many years, refused to choose Cazimirus his Son King, least he should follow his fathers step▪ till at last after a long Interregnum, when he had turned Monk, they elected him King. Boleslaus his son, a man of a dissolute life, given to lust, and the p • st of the Realm, was excommunicated by the Bishop of Cracow for his wickedness; for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crown, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realm into Hungary, where he became mad and died. My • zlaus the 10. King of Poland, exercising tyranny everywhere upon his people by reason of his power and allies, was deposed by his subjects, and Caz • mi • us elected King in his stead; He was three or four times deposed • nd put by the Crown; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slain by his Nobles; and Uladislaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to promise; the Nobles hereupon assembling together An 1300. abrogated his election, as pernicious and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature, King Henry the third of Poland was elected and sworn King upon conditions which he was to perform Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crown of France, within 3. months after his Coronation in Poland: the Polonians sent Messengers after him to F • rrara, June 16. 1574. who denounced to him, that unless he returned into Poland before the 12. of May following, they would depose him, and elect another King: Which he neglecting, they in a general assembly of the Estates at Warsauia, deprived him of the Crown, and elected a new King: the Chancellor and greatest part of the Counsellers elected Maximilian the Emperor; Some others, with the greater part of the Nobility, desiring to have one of the Polish blood, elected Anno sister of their deceased King Sigismund, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperor making mary delays, Stephen in the mean time enters Poland, marrieth Anne, and is crowned King by general consent, February 8. 1576. who took this memorable Coronation Oath prescribed to him by the Nobles.

Anno 1587, the States of Poland questioned and opposed K. Stephen, for violating their Privileges, and those of Riga took up arms in defense of them; refusing after his death to repair to the Assembly of the States at Warsauia, Anno 1587. unless their Privileges might be preserved and rectified, as you may read at large in Chytraeus. King Stephen dying the Estates of Poland, and Lithuania, assembled at Warsauia, Anno 1587. where they made Laws for preserving the Peace during the Inter regnum; and enacted, that no new King should be elected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practices about the election of a new King, should be reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismund the King of Sweden his Son, both of them upon express articles and conditions, which they both sealed and swore unto, the chief whereof were these; To preserve all their Rights, Laws, Privileges, and Immunities public or private, inviolably; To keep all former Leagues and Truces; To bestow no Offices upon strangers nor harbor any about them, (except some few Private servants) but native only, and to be conselled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their own costs for the Kingdoms preservation; To redress all grievances, maintain the Privileges, Rights and Peace of those who differed in Religion; To procure and augment the weal, peace, Privileges and safety of the Realm; and perform all Articles mentioned in the Oaths of King Henry and Stephen; In fine, this competition coming to be determined by the sword: Maximillian was taken prisoner by Sigismund, and forced to release his right to obtain his liberty: And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning War, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditional Oaths at their Coronations, as Steven did at his.

Denmark.

For the Kings of Denmark, I have formerly proved, That they can make no War, Peace, Laws, nor lay any impositions on their subjects, but by common consent of the Estates in Parliament; their Kings being elective by the people, and crowned Kings upon such conditions, Oaths, Articles, as their States, (in whom the Sovereign power resides,) shall prescribe unto them; who as Bodin clearly determines, have a lawful power to question, censure, and depose them for their Tyrannie and misgovernment, they having no greater Authority then the Kings of Bohemia or Poland. To run over the Histories of all their ill Kings would be overtedious, for which you may peruse Saxogrammaticus & others; I shall give you in brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment. Not to mention the murders of Canutus in Iutland in the very Church, or of Magnus or Nicholas, slain by their subjects; King Humblus was deprived of his Crown: and king Harold deposed by his subjects for his insolency. Suano waxing proud, Tyrannous and oppressive to his people, became so odious to them, that his Nobles adjoined Canutus and Waldemar to him in the royal government, and divided the kingdom between them; who thereupon being much displeased, slew Canutus and wounded Waldemar, being impatient of any Peers in government; for which being soon after vaquished by Waldemar, he was beheaded by the people. Able slaying and beheading his brother king Ericus, and usurping his Crown, the people rose up in arms against him, took him prisoner, and the Peasants in Frisia slew him. King Christopher spoiling Waldemar of his Dukedom of Schleswick, thereupon the Earls of Holsatia rose up in arms against him, took him prisoner, and detained him so at Hamburg, till he paid a great ransom for his liberty. King Ericus was slain by his own servants, Anno 1286. king Waldemar was expelled the Realm by his Subjects, and afterwards restored upon his friends mediation; who not long after denying Merchants their ancient liberties in the Realm, the maritine Cities conspiring against him, entered Denmark with a great Army, expelled him the Realm, took his Castell of Coppenhagen, and had the land of Scania assigned to them for 16. years, by the Nobles, in recompense of their damages sustained. Ericus seeing his subjects everywhere rise up in Arms against him, sailed into Poland, An. 1438. and deserted his Kingdom and Sovereignty, the people denying him liberty to name a Successor, and electing Christopher Duke of Bavaria for their king. After whom they elected Christierne the first king, against whom the Sweeds rebelling for want of administration of justice, and the oppression of his Officers, vanquished Christiern in battle, and set up a new king of their own, named Charles, who An. 1455. abandoned the Royalty; the Swedes after that would neither create any new king, nor obey Christierne, nor yet King John who succeeded him, whose Queen they took and detained prisoner two years, and maintained war against him. Christierne the second, King of Denmark, was thrust out of his kingdom for his Tyrannie, and breach of his subjects Privileges; which he endeavoring to regain, was taken prisoner by his Uncle Frederick Duke of Scleswick and Holstein, and committed prisoner to Sunderburge in Holsatia, where he died in chains: Frederick was elected king in his place, (upon certain Articles and conditions which he was sworn unto before his Coronation) in a general assembly of the States held at Hafnia, An. 1524. in and by which assembly Christierne was solemnly deposed, and a Declaration made, printed and published in the name of all the States of Denmark, wherein they express the cause why they renounced their faith and obedience to Christierne, sworn unto him upon certain conditions which he had broken, and elected Frederick: Which Declaration because it is not common perchance to every ordinary Shollar, and contains many things touching the frame and liberty of the kingdom of Denmark, the Articles to which the kings do usual swear at their Coronations, and the Tyrannnies of Christierne, for which he was deprived. I shall here insert, as I find it recorded in David Chytraeus.

OMnibus Christianis Regnis, principatibus, regionibus & populis, notum est, in orbe Christiano, celebre regnum DANIAE suum esse, quod non secus ac caeterae regna, plurimis jam seculis, Regia sua praeeminentia, dignitate, or namentis & libertate praeditum fuerit, & adhuc sit; ita quidem ut Regnum Daniae, ejus{que} legitime electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint. Omnibus quo{que} temporibus, Archiepiscopis, Episcopis, Dynastis, praelatis & nobilitati liberrimum fuit, regem, & Dominum aliquem suo judicio & arbitrio designare, & in communem regni & Patriae consolationem & salutem eligere, cujus gubernatione, exemplo, & ductu regnum supradictum, Christianis statutis & ordinationibus, secundum leges suas scriptas, & antiquas consuetudines vigere, miseri & oppressi subditisublevari, viduae & pupilli defendi possent. Qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactus est. Etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitumpotentissimi Regis quondam Daniae Johannes laudatae memory, pro jure nostro, secundum antiquam, & multis seculis continuatam regni Danici libertatem, regem aliquempro arbitrio nostro designare & eligere: tamen virtute, justicia, magnanimitate, bonitate & beneficientia, eorum Daniae regum, qui ex Holsatorum prosapia originem duxerant, moti; & bona spe freti, fore utrex Christiernus e vestigiis regiis avis • i Regis Christierni, & R. Johannes patris sui non excederet: sed potius ad eorum similitu • 〈◊〉 & exemplum, gubernationem suam institueret: supra-dictum R. Christiernum, 〈◊〉 . vivo adhuc patre Iohanne in Regem & Dominum totius Daniae designavimu • & elegimus.

Quo quidem ipso tempore celfitudo ipsius solemni IURAMENTO, verbis concepti • , & Deo sanctisque testibus citatis, praestito, Archiepis. Episcopis, Dynastis, praelatis, equitibus, civitatibus & populo regni Danici se devinxit & obligavit, cujus juramenti inter alia haec quoque capita expressa fuerunt: Debemus ante omnia Deum diligere & colere, & sanctam ecclesiam defendere & amplificare. Omnia Episcoporum, Praelatorum & ministrorum status ecclesiastici privilegia, à S. Ecclesia & regibus Christianis ipsis concessa, inviolata conservare. Archiepiscop • s quoque, Londensem et Nidrosiensem, et praterea Episcopos, praelatos, Equites auratos, & alios ordinis Equestris, Regni Proceres & Consiliarios, convenienti observantia & honor, pro cujus{que} conditione & statu prosequi: Si qua nobis controversia sit cum Archiepiscopis, Episcopis, aut praelatis S. Ecclesiae, eorumque ministris, in locis convenientibus, nimirum coram senatu regni, cognosci & transigi oportebit. Si qua nobis ipsis, aut praefectis nostris, controversia, cùm aliquo ex nobilitate, sive is senator regni sit, sive non, incidet; eum coram universo regni senatu, hoc nomine compellare debemus, sive ea controversia sit de fundis, sive de aliis quibuscunque bonis aut negotiis.

Et sicuti tenemur unumquem{que} juvare, ut jus suum consequatur; Ita nos ipsi quo{que} obnox • i esse debemus, unicuique coram senatu Regni nos accusanti comparere, & ad ipsius postulata usitato Iudiciorum more respondere, & quicquid a senatu regni super ea re decree • um & pronunciatum fuerit, idipsum exequi, neque hujusmodi legitimas accusationes aut postulationes iuclementi animo ferre. Debemus etiam sine ullo praejudicio, gratia, aut muneribus ex aequo, tam pauperi quàm diviti, tam hospiti quàm indigenae, jus dicere & administrare. Nullum etiam bellum incipere, aut externum militem in regnum introducere debemus, comm • ni senatu Regni non praesciente & consentiente. Literis quo{que} & Diplomatis vel nostro, vel etiam patris nostri Regis Johannes signo confirmatis, plenam & inviolatam fidem & authoritatem relinquere, ejus{que} aes alienum, quod liquidum est, dissolvere debemus. Moneta quoque, quam cusurisumus, proba & sufficiens esse debet, ita, ut duae marcae aequivalentes sint uni aureo Rhenano. Item, Nos Christiernus & obligamus nos, quod omnes & singulos articulos, in quos jurandum nobis est, incolis regnorum Daniae & Norwegiae, constanter reipsa praestare velimus. Sicuti etiam ex adverso subditi obligati esse debent ad suum homagium, & auxilia militaria inviolata servanda & praestanda.

Si vero (quod Deus avertat) contra istos articulos agendo delinqueremus, & senatorum regni admonitionibus nullo modo locum dare institueremus: tum omnes regni incolae, ration honoris & juramenti sui, conjuctis viribus, fideliter in hoc incumbere debent, ut hoc avertant. To faciendo, contra sua juramenta, obligationes, homagia, quo abstricti nobis sunt, nequaquam fecisse censeri debebunt. Hujus generis plures alii articuli juramento inserti fuerant, qui hoc loco brevitatis gratia praetermittuntur.

Ut etiam regia ipsius dignitas, post juratos hosce articulos vehementius & ardentius ad virtutes regias, & Christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur, eommodas rations & vias inivimus, tandem{que} perfecimus, ut illustrissima princeps D. Elizabetha, ex Hispaniarum regum & Archiducum Austriae illustrissima prosapia oriunda, matrimonio ipsi conju • geretur. Sperabamus enim dignitatem ipsius regiam, admonitionibus nobilissimae & excellentis virtute, & summa orbis Christiani regum familia ortae reginae, & praeterea consideratis tantis & tam eximijs ac sublimibus tot Regum ac Imperatorum affinitatibus, motum iri, ut omnibus Christianis & regijs virtutibus, eum clementia & bonitate conjunctis, in tota gubernatione suaeo diligentius incumberet.

Verùm, statim post coronam acceptam, Regia illius Majestas animi acerbitatem, tyrannidem, rapinas, immanitatem crudelem & sangninariam, declaravit (quod tamen non injuria ipsum afficiendi animo, sed extrema necessitate, ad defensionem honoris nostri compulsi, scribere & divulgare volumus, de quo ipso palàm protestamur) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti Reginae praestitae, oblitus est. Quaedam enim turpis, infamis & peregrina vetula, Syburgis, omni pudore & virtute destituta, & ad omnem impurit atemprojecta, propriam suam filiam, Regi prostituit. Quam reginae conjugi suaenobilissimae, status conditione, dignitate & gubernatione Rex praetulit, ei{que} prae omnibus regni consiliariis summam Imperii in Dania commisit, ex cujus perversa administratione & mandatis, multae caedes, homicidia & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt: Et quamvis Regina (quam semper pro Regina & dominatrice nostra deinceps quo{que} agnoscere & habere cupimus) ab honestiss. matrona, Anna Holgeria, Gynecei sui praefecta, moneretur, ut Dominum & maritum suum amice hortaretur, ut à vita illa flagitiosa, quae Christianum conjugem, & imprimis regiam dignitatem, nequaquam deceret, desisteret: tamen, quam primùm hoc rex & anusilla resciverunt statim illa, propter Christianam admonitionem innocens ab officio, suo remota, & miserabiliter regno expulsae, et omnibus fortunis suis spoliata est.

Eodem modo Tobernum Ochsitum, de veneno, filiae Syburgis propinando, falso à so insimulatum innocentem{que} deprehensum, et à senatu quoque regni eo nomine absolutum, in ignominiam et contumeliam Germanicae nobilitatis, tantùm mendacibus turpissimae illius mulieris sermonibus fidem habens, capite truncari jussit.

Quamvis etiam R • ipsius Majestas ingens et publicum Bellum, contra datam fidem, • obis, nobis inconsultis et inscijs, contra Sueco excitavit: tamen ut animum nostrum fidelem, et regiam ipsius personam et nomen extollendi, imperium amplificandi, et extera nations et regna subjugandi cupidum, posset deprehendere: nos omnes nostra corpora, fortunas, regiones et subditos, in magna pericula conjecimus: quod bellum septennale, contra potentissimum regnum Sueciae gessimus: et tandem cum effusione sanguinis nostri, et extrema sere cum pernicie sloris nobilitatis Danicae, auxilio Dei omnipotentis, contra regnum jam dictum, victoriam obtinuimus, et Regiae ipsius Majestati Regnum subjicimus. Et autem regnum Sueviae in perpetua fide et obedientia Regiae ipsius Majestatis maneret in ipsa corononatione SUECUS verbis conceptis, Deo{que} et sanctis testibus citatis, juravit, se ipsis antiqua sua jura, immunitates, et privilegia incolumia relicturum, et omnium quae in bello exorta sint offensionum, et inimicitiarum memoriam, sempterna oblivione aboliturum esse. Cum{que} netum quidem satis Regiae ipsius 〈◊〉 fiderent Sueci, necesse fuit nonullis ex Episcopis, Praelatis, et Nobilibus Danicis, pro rege fidem suam interponere, eam{que} diplomatibus eo nomine confertis et obsignatis, confirmare. Qua quidem ipsa in re deesse illi noluimus.

Etiamsi autem Regna et populi armis subjugati, tatummodo jure et justicia in officio cotineantur: tamen Rex hoc ipso non satis been considerato, et maximis gravissimis{que} juramentis posthabitis, triduo post coronatinem Suecicam, Episcopos, Praelatos, Nobilitatem, una cum consulibus et aliis praefectis (tanquam ad convivium regium & solennem de impetrata à Deo victoria gratulationem) invitavit, qui etiam fide & invitatione regia illecti, unà cum amicis, uxoribus & liberis suis, reverenter comparuerunt. Sed tam amice invitati, admodum hostiliter excepti sunt, ipsorum{que} plausus in moesticiam commutatus est. Ex livore enim tyrannico ipsis imputatum est, quod pulvere tormentario arcem ipsius regiam passim conspersissent, ut ita incendio eum e medio tollerent. Cum tamen certissimis inaiciis compertum sit, illud à Rege ipso, eum in finem factum esse, ut speciociore aliquo praetextu, causam mortis in eos confingeret, quos alias nullo • ure quaestionibus subjicere potuisset. At{que} ita reverendissimi, strenui, & honestissimi virs, D. Matthias Zu Strengenisse, & D. Vincealius Scharensis Episcopy, & praeterea sexaginta Equites aurati & viri Nobiles, aliqui etiam Consules, Senatores, & cives uno die, sine ullo judicio, ex mera tyrannide, contra datam fidem, decollati sunt. Quorum etiam cadavera, vestibus nudata, cum in tertium us{que} diem in foro Stokholmensi, miserabili alijs spestaculo fuissent, tandem igne comburi jussit; ac etiamsi illi adhuc vivi more Christiano Confessiones suas edendi cupidi essent, tamen hoc îpsis animo prorsus malevolo denegatum est.

Eodem modo Reverendum & religiosum D. Abbatem Nyddalensem & quin{que} fratres, qui tum in honorem Dei Missas celebrarant, die purificationis Mariae, sine ullo judicio, aquis suffocari curavit, nullam aliam ob causam, quam quod durante adhuc bello, una cum aliis se Regi opposuissent.

Sex praeterea ex nobilitate Suecica qui communis inter Daniam & Sueciam pacificationis nomine, fide publica & regia, & quidem vocati antea venerant, sibi-ipsi obsides constituit, eos{que} in durissima vincula conjectos, tamdiu apud se detinuit, donec regnum Su • ciae sibi subjecisset.

Multos quo{que} nobiles, inter quos nonnulli ex familia Ribbingia fuere, una cum duobus pueris adhuc teneris, qui fide & clementia ipsius freti, istuc venerant, capite plesti: sicuti etiam Tonnum Ericisilium, & Henrichum Stichum, unà cum multis alijs nobilibus in Finlandia, sine ullo judicio decollari jussit.

Episcepo Finlandiae domum & possessiones suas per violentiam ademit, ita quidem, ut ill sibi consulens, paulo post tempestate in mari exorta naufragio Miserabiliter perierit. Brevitatis causa multa alia prava & tyrannica facinora, in Regno Sueciae contra Deum & omnem aequitatem ab ipso perpetrata, hic praetermittimus.

Quocirca Episcopy, Dynastae, Praelati, Nobilitas, Civitates & reliqui regni Suecici incolae, qui crudeles, impuras & sanguinolentas ipsius manus, vita sua incolumi effugerant, contra eum insurrexerunt, satius et honestius esse rati, potius in acie pro salute patriae, quam domi sordis & turpissimis suppliciis innocents excarnificatum, mori. Atque ita (nostro quidem judicio non immerito) sumptis armis & palàm Bello contra Regem suscepto Tyrannicum illius jugum excutere instituerunt.

Etiamsi igitur nos periculo corporum & fortunarum nostrarum, ipsi, post auxilium Divinum in regno Sueciae subjugando adjumento fuerimus: tamen non nostra sed sua ipsius culpa iterum eodem regno excidit. Quocirca denuo ab eo interpellati, ut Sueci nostro auxilio ad priorem obedientiam adigerentur; ne id quidem (quamvis nullo jure aut lege teneremur) facere recusavimus, ut vel hoc modo fidelis animus & voluntas nostra, à Rege perspiceretur, quando quidem fere supra quam vires nostrae ferrent (cùm jam entea nostros equos, arma, naves, aurum, argentum, Clinodia & insuper nostros amicos, affines & propinquos in Suecia reliquissemus,) denuo terra mari{que} magnis impensis militem & naves armare & instruere: propria corpora nostra, possessiones, pecuniam & facultates omnes impendere: & una cum ipso totam belli molem, in tertium usque annum sustinere non detrectaremus. Id{que} optima spe freti, futurum ut fidelia haec nostra servitia, tandem aliquando à regia ipsius dignitate cum clementia agnoscerentur.

Uerum his omnibus non consideratis, ill intera Episcopos, Praelatos, Ecclesias, Coenobia, Hospitalia, Sacerdotes, Matronas, virgins, Nobilitatem, cives, viatores, neg • ciatores, & miseros denique Rusticos, immoderatis & inauditis exactionibus, vestigalibus & expilationibus oneravit.

Praeterea maximam bonorum nostrorum partem, unà cum auro & argento, exactionibus extorsit, ad se translatam adhuc retinet. Monetam vero nullius momenti cupream, ex ahenis cerevisiaris usu det • it is cusaem in regnum intrusit, quam aequo cum argenteis & aureis monetis precio, à milite ipsius acceptare, & ut in toto regno usurparetur & valeret, coacti sumus tolerare. Cum tamen illa in finitimis regnis, nationibus & civitatibus nullius valoris esset, res nostra familiaris, cum omnibus commerciis jacerent: regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus plane exhau-iretur, & ad extremam egestatem & inopiam conniiceretur. Et quamvis haec quo que omnia, ut bello suscepto optatus tandem finis imponi posset, submiss toleraverimus: tamen ne hac quidem ration quidquam apud Regem proficere potuimus, cùm ill palàm hominibus fide dignis audientibus diceret, se & corporibus & fortunis imminutos ita nos debilitaturum, ut passim omnibus contumeliae & ludibrio essemus. Cujus sui propositi statim etiam exemplum reipsa nobis exhibuit.

Archiepiscopum enim Lundensem D. Georgium Schotburgum quem secretarium quondam suum hac spead dignitatis illius fastigium rex evexerat, ut quaedam Archiepiscopatus illius praedia ad se transfer posset; cùm regis cupiditati postea non gratificaretur, quod diceret, juramento se illi ecclesiae praestito, quod violari à se minime deceret, prohiberi: seque potius turpissimam mortem obire, aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se velle, quàm in perjurii suspicionem vel minimam se conjicere. Cùm igitur aliquot poenarum, quae innocenti irrogabantur, optio illi concederetur; ad vitam tandem monasticam à rege compulsus est. Quo facto, statim Praelatos & Canonicos ecclesiae Lundensis per literas ad se accersivit, cumque illi praestita obedientia comparuissent: jussit eos contra fidem regiam, in infamem & foetentem carcerem compingi, iisdemque paulo post insulam Borneholman, Ecclesiae illi Lundensi subjectam & propriam, cum omnibus arcibus, oppidis & vicis, nullius excusationis ration habita, vi metuque coactis, ademit.

Reverendissimus quoque Johannes Episcopus Fyoniae, cùm literis regiis ad juridicam vocatus comparuisset; eodem modo miserabiliter, & praeter omnem culpam captus, & in carcerem conjectus est, & omns collegii illius ecclesiae bona petulanter ad se transtulit.

Nemo etiam velex Senatoribus regni, vel aliis Daniae incolis sine corporis & vitae suae periculo ipsum convenire: aut si quis omnino fortunam suam hac in parte perislitari institueret; nequaquam id, nisi p • ius peccata sua sacerdoti confessus esset, & ad mortem se praeparasset, tentare ausus est, cùm saepenumero in ease angustias coactos nonnullos constaret, ut ne confitendi quidem spacium illis concederetur. Ex quo ipso hoc quoque consecutum est, ut regno huic, & communi patriae nostrae, consilio & consolatione nostrae auxilio esse non possemus. Eodem Praepositum Rotschildensem, & D. Nicolaum Erici, multosque alios praelatos & viros ecclesiasticos, qui patri & matri ipsius laudatae memory fideliter inservierant, abs{que} ulla misericordia, bonis suis spoliavit.

Politico quoque & equestri ordini, reliquisque regin inquilinis nequaquam pepercit. Mandato enim ipsius, vir strenuus & nobilis Magnus Tamassenus, qui toto vita suae tempore, ab omnibus habitus est homo integer & probus, & quem nemo unquam quidpiam, quod honestum & nobilem virum non deceret, gerere aut facere animadvertit; quique etiam in fide Christiana pie mortuus erat, hic inquam Tamassenus, ex terra iterum effossus est ipsiusque cadaver, in foro Arhusiano, in singular Daniae nobilitatis Iudibrium & contumeliam, suspensum est. & insuper Rex omnia illius, viduaeque ipsius relictae, bona, cum omni auro, argento, & clinodiis, sine ulla postulatione judiciali, ad se & in suam potestatem redegit.

Strenuo quoque D. Iuggoni Krabbio, equiti aurato & Marescalco, qui ipsi longo tempore in Dania, Norwegia, & Suecia honest & fideliter, etiam eum effusione sanguinis, & bonorum suorum jactura inservierat, unum ex pagis suis Vischbe • um novum unà cum multis ad eum pertinentibus fundis & bonis, aperta vi, & contra religionem jurisjurandi, ademit, & sibi vindicavit, cùm interea ill multis modis ad legitimani causae cognitionem, sed tamen frustra, provocaverat.

Cùm ex ministris ipsius aulicis Nicolaus Daa, quodam vesperi in caupona & symposio sedens, hospiti ex fenestra rhombos aliquot vitreos fortuito excussisset; & tamen eo nomine statim sequenti die hospiti pro tantillo damno abunde satisfecisset: nihilominus tamen, ob causam tam nihili, pater ipsius in arcem Hafniensem violenter abductus, & tamdiu captivus est detentus, donec praefectus regius missis in domum ejus satellitibus, omnes ipsius cistas aperuisset, omne aurum & argentum inde exemisset, & ad quatuor Marcarum Danicarum millia vi metuque illi extorsisset.

Quinetiam contra juramentum & dotam fidem, Schlos Gelauben Ius electionis, quod antea senatus regni propium erat, post mortem ad sùos haeredes transtulit, quo ipso antiquum nostrum & liberum regnum, haereditariae oppressioni subjicitur, & nos libera nostra electione spoliati sumus.

Quid, quod à quolibet, etiam pauperrimo hujus regni incola, binos in singulos annos florenos, in perpetuum deinceps numerandos, ausus est exigere, cum tamen multi ex ijs, vix bines solidos snis dominis quotannis exsolvere possent.

Nec tantum Danicae nobilitatis excidio, animus ipsius sangainarius satiari non potuit, sed in Germanos etiam nobiles ingratitudinem effunderet. Honestum enim virum Stephanum Weberstedium, in Turingia loco equestri natum, qui longo tempore, sicuti Ministrum fidelem & nobilem decet, pro supremo Capitaneo peditum Danorum contra Suecos ipsi inservierat, & qui praeclara fortitudinis suae specimina, cum Hoste us{que} ad sanguinis effusionem dimicans, ediderat, cui etiam hoc nomine praefecturam Olandensem datis literis concesserat. Hunc inquam Stephanum, cum diutius praefectura illa carere nollet, ex asylo Coenobij Sp. S. ab ipsius avo fundati abreptum, decollari jussit, hoc pratextu, quod in domo publica militi euidam vulnus inflixisset, cum quo tamen ill, amica transactione interueniente, jampridem in gratiam redierat.

Eodem modo cum conjugis suae regia cubulario Maximiliano egit, qui reginam in regnum Daniae advenientem comitatus suerat: eum enim cum Regina ad C saream Majestatem, & Dominam Margaretam, ablegasset, Rex antequam Dania excessisset, exitinere retrahi, & capitali suppli • io affici jussit.

Adhaec cum fortissimus ipsius capitaneus N. von Hederstorff, nomine praesidiarioruus Stokholmensium, honestos aliquot milites, pro stipendio suo, & quibusdam alijs conficiendis, Haffniam misisset; praefectus Haffniensis eo exceptos Abrumstorpum deduxit, quasi regem ibidem inventuri essent. Eo autem cum venisset, loci praefectus, eos carceri mancipatos, paulo post sine ullo judicio, unà cùm puero quopiam trucidari jussit.

Suum quo{que} Germanicum Secretarium Stephanum Hopsensteinerum, cujus opera in gravissimi • negociis apud 〈◊〉 saream Maject. Electores & principes Imperij Romeni, usus fuerat, ad impudentissimae mulieris Syburgis mendacem delationem, inclementer persecutus, ipsius vitae & bonis insidiatus est. Qui tamen evidentissimo Dei omnipotentis auxilio, manus ipsius cruent as ex Dania evasi • , & in Caesaream urbem Lubecam confugit, ubi nihi lominus à Ministro Regio, ejus vestiga insequente, accusatus, & in custodia aliquandiu detentus fuit, donec tandem causa probe cognita, ab injusta ejus accusatione & insimulatione, per sententiam absolutus est.

Praetere à multas quoque exteras nations, Hollandos, Brabantos, Flandros, Lubecenses, cum omnibus civitatibus maritimis, contra data privilegia, & regia diplomata, pecuniis suis emunxit, & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt, statim navibus & mercibus suis spoliati sunt.

Et quamvis Norwegiae quoque regnum semper, ipsi fideliter fuerit subjectum, & pro viribus omnia sua officia & auxilia praestiterit, et ejusque omnibus edictis & interdictis cum obsequio paruerit: tamen neq Deo consecrati Episcopy, neque Nobilitas, neque populus illius inclementem & immisericordem animum effugere potuit. Episcopus enim Camerensis, licet innocens, in crudeli admodum carcere captivus est detentus, ita quidem, ut ex foetido & impuro aere, curis diuturnaque sessione, omnibus suis viribus consumptis, tandem carcere liberatus, mox diem suum obierit.

Reverendissimus quoque Episcopus Ansloinsis, Andreas eo compulsus est, ut alteri suum Episcopatum cederet: quod si facere recusaret, submer sionem illi minabatur.

Reverendissimum quoque Archiepiscopum Nidrosiensem ab Ecclesia sua Archiepiscapali in exilium expulit, qui postea Romam ad Papam consugiens, ibidem in magna inopia & miseria mortuus est.

Nobilitati quoque ejus regni nequaquam pepercit, strenuum enim & praestantissimum equitem auratum, Canutum, Canuti ficto & mentito quodam praetextu, in carcerem redegit. Cumque ill in jus provocaretur, & causa in senatu regni cognita & disceptata absolutus esset: tamen jure suo, à Deo & aequitate sibi concesso, uti non potuit, cum paulo post miserime decollaretur, & omnia ejus bona, contra omne jus a rege abriperentur.

Etiamsi vero multo plura ipsius impia & tyrannica facinora, & inprimis cum honestis matronis & virginibus, viduis & orphanis passim in Dania, Suecia, Nerwegia perpetrata, indicare possemus: tamen illa ipsa, respectu nominis & dignitatis regiae habito, hoc quidem tempore, in nostra hac querela commomorare non volumus.

Semper equidem speraveramus futurum, ut crebris, fidelibus & submissis admonitionibus adductus, sese emendaret, & ab hujusmodi minime regiis aut Christianis, sed potius tyrannicis inceptis, facinoribus, expilationibus, vectigalibus, exactionibus, aliisque crudelibus institutis desisteret: sed tamen admonitiones hae nostrae plane infructuosae aures regias personuerunt: nostrae sententiae & consilia plane sunt repudiata, nulli ex senatu regni locus apud regemfuit relictus, imo homines plane contempti & ad nullamrem idonei habiti & reputati sumus. At{que} ita ill in priori sua tyrannide, seipsum induravit.

Et ut omnino crudeli suo erga nos animo & voluntati satisfieret, milites peregrinos magno numero, tam pedites quam aequites, contra praestitum juramentum, quod ex superioribus articulis patet, in regnum induxit, & majoribus adhuc qu • am antehac factum est, oneribus & exactionibus nos gravare instituit. Cum autem id non injuria nobis grave esset, hoc tentatum est, ut nos una cum miseris rusticis, (qui tamen ipsi tempore belli septennalis pene omnem substantiam nostram impenderamus) vi ad illas praestandas adigeret. Quocirca missis literis tanquam ad juredicam Ahusium nos evocavit, eo consilio, ut nos vi militis externi (si modo is ad tam impium facinus à rege perduci potuisset) adoriretur, & pro lihitu suo imperata facere cogeret. Compertum etiam nobis est, Regem ad diem praestitutam duorum immanium carnificum, more suorum satelli • um (ne scilicet res innotesceret) vestitorum operam conduxisse, in eum finem, si intolerabilibus ipsius edictis & voluntati non assentiremus, ut tum in corpora & fortunas nostras impetum faceret, & forte non aliud quàm in Suecia, Dynastis, Episcopis, praelatis, nobilitati & civitatibus factum est, covivium nobis adornaret.

Quapropter justissimo (qui etiam in fortissimos viros cadere potest) metu compulsi sumus, ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus, atque ita nostra corpora, vitam & possession • s (quod jure naturae facere tenemur) defendeve •• us. Compulsi igitur sumus, ut nostra juramenta, homagia & auxilia militaria per literas illi renunciaremus, id quod, etiam reipsa à nobis jam factam est, cum plane confideremus, neminem fore, qui impiis tyrannicis ipsius delictis consideratis, vitio hoc vertere nobis posset. Nos enime status & consiliarios regni Dauici, coram Deo & hominibus obligatos agnoscimus, ut communi patriae, in extremis hisce periculis & angustiis, consolationem aliquam offeramus. Siquidem miserorum ejus regni inquilinorum aeterna, ration corporum & bonorum, pernicies, matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur, à quo illa omnia merito averti à nobis debebant. Neque ignotum est, propter similia, aut saepe etiam leviora quàm nos (proh dolor) perpessi sumus facinora tyrannica, saepenumero Caesar's Romanos, Reges Ungariae, Bohemiae, Angliae, & Scotiae, ex suis imperiis & regnis dejectos, nonuullos principes ex ditionibus suis haereditariis expulsos esse, sicuti id tam ex veteribus historiis, quàm ex nostrae aetatis exemplis satis certo nobis innotuit. Et nisi gravissimus hisce, quae hactenus commemoravimus, oneribus impelleremur, pigeret & taederet nos, talem aliquam cogitationem in nostrum animum inducere, multo minus reipsa eam exequi, sed potius sicuti patri & avo ipsius, ita ipsi quoque libenter addicti fuissemus.

Etiamsi vero ab electione externi alicuius & Christiani Regis aut Domini cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni: tamen considerato diuturno & Christiano regimine, regiis virtutibus, clementia, bonitate & justitia, quibus & illustriss. princeps & Dominus. D. Fridericus, verus haeres Nor • egiae, Dux Sleswici, Holsatiae, Stormariae & Dietmarsiae, Comes Oldenburgi & Delemenhorsti, erga Subditos suos statim à guber nationis suis exordio pie & landabiliter usut est: eum potissimum unanimi consensu regene & Dominum nostrum supra totam Daniam elegimus, cum nimirum cogitaremus, eum ex inclyta regum Daniae prosapia originem ducere, & praeterea regis filium natum esse, aetque ita jure prae omnibus alis principibus hunc honorem ipsi, praesertim cum patrimonium quoque ex regno paterro suae Colsitudine debitum ne nunc quidem accepisset, deberi.

Regomus igitur unumquemque, cujuscunque conditionis aut ordinis sit, si forte suprà dictu • Rex Christiernus, aut alius quispiam nomine ipsius, vel Scriptis vel alio modo, nos insimulet, quod contra datam fid • m & juramenta hac in parte egerimus, ut illi, antequam vlteriorem nostram defensionem audiat, fidem non habeat, sed potius nostras hasce difficultates, corporis & vitae pericula, impias viduarum & pupillarum oppressiones, matronarum & virginum violationes, cum clementi, christiana, benevola & humana commiseratione cognoscat. & nos (qui honorem & existimationem nostram, ut pios nobiles decet, erga regem illaesam ad huc conservavimus) excusatos habeat. Simulque aliis queque omnibus & singulis, ob causas jam suprà dictas, & alias complures (quas adhuc in bonorem nominis regii usque ad ulteriores nostras apologias reticemus) benign nos excuset. Si etiam rex coram logitimo aliquo judice nos accusandos esse censuerit. hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus; pollicemur etiam nos iis, quae hoc modo jure decernentur & sancientur, prompto animo p • rituros esse. Neque dubitamus, si vel sanctitas Pontificia, vel Rom. Cesarea Majestas, & ludicium Camerae, vel alii quoque Christiani Reges, Electores, Principes, Comites, Barones & Nobiles, vel inclytae & liberae Imperii civitates petitionis hujus nostris aequitatem, & ipsius impiam & Tyrannicam nostri oppressionem cognoverint, quin factum hoc nostrum, ad quod extrema necessitas nos compulit, nequaquam sint improbaturi. Pro quo ipso singulis, pro ration ordinis & conditionis suae, nostra studia, officia, & gratitudlnem, omni tempore praestandam, deferimus & pollicemur.

Sweden.

NOt to mention the Kings and Kingdom of Norway, long since incorporated into Denmark, whose lives and Catalogue you may read in Munster, Ioannis Magnus, Crantzius, and others: in which Realm not one King anciently died of age or diseases in above one hundred years, but of violent deaths; there being this custom, That whosoever slew a tyrant King, was thereby made a King. The Kings of Sweden have always been elected upon certain conditions, and subordinate to the power and censures of their whole States and Parliament, in such sort as the Kings of Hungary, Bohemia, Poland, and Denmark have been; and oft times this Kingdom hath been annexed to the Realm of Denmark, and subject to the Danish Kings, as they saw occasion: The names and lives of the Swedish Kings before and since their conversion to Christianity, you may read at large in Munster, Joannis Magnus, Crantzius, Olaus Magnus, and others: I shall give you a taste only of some of them out of those Authors. Halsten, and Animander his successor were thrust out of their Thrones and Realms by their Subjects. After whose death, the Swedes elected one King of their own Nation, the Goths another, not enduring a foreign Prince to reign over them. King Bugerius slaying his brother Ericus, who had imprisoned him at a banquet, his Nobles detesting this his treacherous act, rose up in Arms against him, expelled him the Realm, and beheaded his Queen and Magnus his son, electing Magnus the son of Ericus for their King. Magnus the seventh, betrothed his son Aquin to a kinswoman of the Earl of Holstain upon this condition, That unless Aquin should receive her a Virgin, all the Nobles of the Realm should be freed from their Oath of Allegeance to him. The Virgin sailing into Sweden, was taken prisoner by Waldamer King of Denmark, who betrothed his daughter Margaret to Aquin: whereupon the Nobles of Sweden denied to yield anymore obedience to their King, deserted Magnus and chose Albert King: Magnus seeking to regain his Realm, was defeated in battle and died in exile. Queen Margaret taking Albert prisoner, and conquering Sweden, left it and two Kingdoms more to Ericus her adopted son. But the Swedes weary of a foreign yoke, by the help of Engelbert, denied subjection to him, and waged war so long with him, that he was forced to place Swedes in all the Castles by agreement, and to receive only half the revenues of the Realm in his absence, and at last (tired out with the wars) deserted both Crown and Kingdom. After this the Swedes elected Charles for their King, who after seven years reign, perceiving that he grew grievous and displeasing to the States of Sweden, taking his own private goos only with him, and leaving the treasure of the Realm in a safe place, left the Kingdom. Whereupon they elected Christierne the first, the King of Denmark and Norway, for their King; against whom they took up arms, because he had broken that paction prescribed to him when he took the Crown; whereupon Anno 1499. Christierne came with a great power to subdue the Swedes, but he was easily conquered, repulsed thence twice one after another by the Swedes united forces: who elected them a Governor whom they called a Marshall, which had power to call general Assemblies of the States, and execute the Kings Office, and might have been elected King upon such conditions as the States propounded, which he refused to submit to. King John thinking to subdue the Swedes after Christiernes death, was repulsed by them, and his Queen taken prisoner. His son Christierne the second, King of Denmark, by the treachery of Gustavus Archbishop of Upsalis, after many encounters, upon promise to continue their Laws, Liberties, and Privileges inviolably, and to remit all offenses past by a solemn Oath, was elected by the Swedes for their King: who swearing these Articles and confirming them by his Charter, was upon this admitted into the Town and Castle of Holme; where feasting all the Nobles and principal men of Sweden two days together, suspecting no treachery, he suddenly apprehends them, imprisons, murders all the Nobles, Gentry, Citizens, Commons, yea Bishops and Monks, with extraordinary cruelty, spoils their wives and Orphans of all their goods, and exerciseth more then barbarous tyranny over them; which Gustavus Erichson, a noble Swede then in Denmark hearing of, escape thence privily, and comes into Sweden disguised, raiseth an Army to revenge this butchery, delivers his Country from this Tyrant, and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead; the Swedes in a public Declaration manifesting their expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawful. Ericus the seventeenth King of Sweden, imprisoning his brother, murdering his faithful Counselors, warring upon his Subjects, playing the tyrant, and matching himself unworthily to a woman of mean condition, was for these his misdemeanors taken prisoner, with his Queen, deposed, and his brother made King in his stead, Anno 1599. And Sigismund King of Sweden, taking upon him the Crown of Poland, after fourteen years reign, was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead.

Assyria, Cyprus, Lombardy, Naples, Venice.

I Could now acquaint you with many such like passages and stories in the Kingdoms of Assyria; as how effeminate Sardanapalus, for his vices and mis-government was deprived by his Subjects, burned in his Palace, and Arbactus made King in his stead. In the Kingdom of Cyprus, where King Peter murthering his brother and those of Geneva, was soon after taken prisoner and made a tributary Prince. King John governed by Helena his wife, and she by his Nurse, which made the people weary of the government, had a Regent by consent of the Nobles (Ioba of Portugal, whom they married to his daughter Carlota) set over him and the Realm and all the royal power soon after put into his hands, who being soon poisoned by Helena, Louis son to the Duke of Savoy was sent for and crowned King by general assent, and John and James his sons put by. Clephus the second King of Lombardy was so cruel, that after his death they would have no more Kings, but chose thirty Dukes to govern them, who continued this government eleven years. Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great, and so that Kingdom ceased, Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his people's consent. Momfrey Bastard poisoning Conrade the seventh King of Naples, and usurping the Crown, was deposed by Charles Earl of Aniou, who enjoyed the Crown till Aragon ceased on the Realm. Jone Queen of Naples married Andrew second son to Charles King of Hungary, whom she hanged at her window for insufficiency; after marrying James of Tarragou, she beheaded him for lying with another woman, and was at last driven out of her Kingdom by Louis of Hungary, and hanged at the same window where she hanged her first husband. Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people, which they fired, and then taking him his wife and son, dragged them unto the butchery, where they chopped them in pieces and threw him to the dogs to be devoured, notwithstanding all their submissions and entreaties on their knees, Anno 977. So Duke Falier, and many other Dukes, have been condemned to death and executed by the States of Venice, and that justly as Bodine grants. Multitudes of such like presidents occur, in most other Dukedoms and Principalities, which I will not name, because they want the title of Kings, though Aquinas truly holds, That a Kingdom is so called from ruling; therefore he who hath others under his government, is said to have a Kingdom; in reality, though not in propriety of speech; and so are Kings in verity, though not in title. I might add to these many more examples, manifesting what miseries and untimely deaths tyrannical Kings and Princes have undergone in all ages and States, being commonly deposed, poisoned, murdered; but I shall for brevity pass over these examples, remitting the Readers to Aristotle, Aelian, and Doctor Beard, his Theatre of God's Judgments, and come nearer home to Scotland, as having nearest relation to England,

Scotland.

WHat sovereign power and jurisdiction the Realm, Parliaments and Nobles of Scotland have claimed and exercised over their Kings, (who, saith Buchanan, can neither make Laws, War, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmark, Sweden been ofttimes summoned, not only without, but against their Kings consents;) and how frequently they have questioned, imprisoned, censured, deposed, yea judicially sentenced their Kings for their tyrannies, oppressions, whoredoms, murders, 〈◊〉 ▪ and evil administrations, you may read at large in George Bucanan (King James his own Tutor) in his Book, De Iure Regni apud Scotos, and his Rerum Scoticarum Historia. Where this their Sovereign power i • so largely vindicated, debated, demonstrated, and the chief objections against it cleared so abundantly, that I shall not add one syllable to it, but present you with some Historical examples which confirm it.

Fergusius the first King of Scotland dying, and leaving two sons infants, unable to govern the Realm; the Scots thereupon considering what dangers might befall them both at home and abroad, during their infancy; at last concluded after much debate; and settled this for a standing law; that when any King died leaving his son under age and unfit to govern, the next of their kindred, who should be esteemed fittest to reign, should enjoy the sovereign power; and that he being dead, then the succession of the Crown should return to the children of the deceased King, being of age to rule; which Law continued constantly for many hundred years, until the reign of Kenreth the third. By this Law Feritharis brother to Fergusius abtained the Crown and reigned fifteen years with much justice and modesty; after which his Nephew Ferleg desiring to reign, demanded his Fathers Kingdom of his Uncle, who being willing to resign it to him, called an assembly of the estates, made an Oration in praise of Ferleg proffered to resign the Crown unto him. But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crown, that they detested the act, and denied the motion both with frowns and verbal reprehentions: Whereupon Ferleg conspired his Uncles death, which being discovered, they thought him worthy of death; but for Fergusius his fathers sake, his life was spared, and he only imprisoned; after which making an escape he fled first to the Picts, then to the Britous, and in the mean time Feritharis dying, by the treachery of Ferleg as was suspected, Ferleg by the unanimus sentence of all was condemned and put from his Crown, being absent, and his brother Mainus created King. Dornadilla the fourth King of Scotland dying, leaving Reuther his son under age and unfit to reign, the people made Notatus his brother King; who playing the tyrant, banishing, murthering, and oppressing the people, Donald of Galloway raised an Army against him, expostulated with him for his tyranny, and wished him to resign the Crown to Reuther; which he refusing to do, and justifying his tyranny; hereupon Donald gave him battle, slew him, and made Reuther King without the people's suffrages: Upon which the Nobles being offended, (because the power of the Parliament was by this means abolished, and the election of the supreme Magistrate made only by one man,) took up Arms both against Ruther and Donald, gave them battle twice in one day, and t • oke Ruther their new King prisoner: who afterwards dying and leaving There his son an infant, scarce ten years old, they, according to the Law formerly made and received in this case, made his unkle Ruther King; who after seventeen years reign voluntarily resigned his Crown to his Nephew There▪ in whose commendation he made an Oration, the people hardly permitting it. There soon after growing very vicious and flagitious, slaying the Nobles, and filling the Realm with robberies, the Governors pitying the deplo • able state of the Realm, resolved to punish him for it; of which he being informed, fled to the Britons, where he spent his days in contempt and ignominy, not daring to return; Conan a prudent and discreet man, being elected Viceroy in the mean time, which office he held almost twelve years till the death of There. In the reign of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings should command nothing of greater moment to be d • re, but by the authority of the public Council. Durstus the eleventh King giving himself to all deboistnesse, first banished his fathers friends from him as the troublesome reprehenders of his pleasures; and sending for the most vicious young men to be his familiar companions, gave himself wholly to luxury and venery. He prostituted his wife, (daughter to the King of Britain's) to his companions, and then banished her. At last the Nobles conspiring against him, he awaking as it were out cut of sleep, considering that he should find no place of safety, neither at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former life, for so he might retain both his Crown, and in time inflict punishments on his enemies. Wherefore recalling his wife from exile, he first of all endeavored to reconcile himself to the Britain's: then calling the chiefest of his subjects to him, he ratified with a most solemn oath the oblivion of his former courses; he committed every most wicked person to prison, as if he reserved them for punishment, and religiously promised, that he would do nothing hereafter, but by the advice of his Nobles. When by these things he had given assurance of his sincere mind, he celebrated the agreement with pastimes, banquets, and other signs of public gladness: and now all men's minds being taken up with joy, he called most of the Nobility to a supper; where, when he had shut them up (improvident and unarmed) in one room, sending in his assasinates, he slew them everyone. This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger, they gathered a great army together, all men conspiring to take away this detested monster; whom they slew in battle, together with his wicked confederates. After whose slaughter, the Nobles putting by Durstus sons, lest they should imitate their fathers vices, elected his brother Even King with unanimous consent; who hating Durstus his tyranny had voluntarily banished himself among the Picts. Even dying, leaving a bastard son called Gillo, he procured himself to be elected Viceroy till a new King should be chosen, and got the Kingdom confirmed to him; but yet not deeming himself secure as long as any of Durstus his family remained, he treacherously slew Durstus his two eldest sons, with all his kindred and familiars: With which the Nobles being much discontented, and fearing worser things, privily raised an Army against him; who finding himself generally deserted but by a few flagicious persons, who feared punishment, He was forced to fly in a Fisherboat into Ireland: whereupon the Scots created Cadvallus their Vice-roy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off.

King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it should be lawful for everyone to marry as many Wives as he could keep; and that the King should have the maiden-head of Noble women, and the Nobles of the Plebeans before they were married; and that the common people's Wives should be common for the Nobles. Besides, luxury, cruelty and avarice were the companions of this his flagitious life; he murthering the rich to get their wealth, and favoring t • eeves to sh • e in their robberies: whereupon the Nobles and people conspiring against him and taking up Arms, he discerned how unfaithful the society of ill men is; for being deserted by his party as soon as the battle began, he came alive into his enemies hands, and was committed to pe • petuall prison, his life being spared by the intercession of Cadalan, who was made Vice-roy in his stead; but soon after he was strangled in the prison by one whom he had formerly injured. King Corbreds son being within age at his death, the Assembly of the States made Dardan King, who within three years space rushing into all kind of vices, bannished all prudent and honest men out of his Court, kept none but flatterers about him, slew Cardorus, and divers others virtuous men who advertised him of his faults; and to take away the seat of succession, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous consent rose up against him, slew his evil instruments, routed his Forces, took him prisoner, whilst he was about to murder himself, cut off his head (which they carried about for a laughing-stock) and threw his corps into a jakes, after he had reigned four years. Luctacke the 22 King of Scots, giving himself wholly to Wine and Harlots, sparing the chastity of none though never so near allied to him, nor their husbands never so great, deflowering his own Sisters, Aunts, Daughters, joining inhumane cruelty and insatiable avarice to his lust, and depraving the youth of the Country corrupted by his example, when as no man durst resist him; was at last convented before an Assembly of the chief men; where being more freely reprehended for those crimes, he commanded the chief of them to be drawn away to punishment, as seditious, calling them old doting fools. Whereupon the people assembling together, slew both him and the instruments of his wickednesses, when he had scarce reigned three years space. Mogaldus was elected King in his place, who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reign; yet fell at last unto them in his old age, and grew so odious by his vices, to the Nobles and common people, that they weary of him, rose up against him; he being unable to resist them, wandered up & down with one or two Companions, in secret places, seeking to escape by flight; but was at last taken and slain. Conarus his son and successor giving himself to all manner of luxury, and lust, brought the Realm in short time to great penury; giving Lands and riches to most vile and naughty persons, because they favored his corrupt living, and invented new exactions upon his people. Whereupon summoning a Parliament, he demanded a Tribute of them to support his State and Court in Honor; who taking time to deliberate, and understanding at last, that this his hunting after money proceeded not from his Nobles, but from the inventions of Courtflatters, they resolved to commit the King to ward, as unfit to govern, until he renouncing the Crown, they should elect another King. Whereupon the next day, he who was first demanded his opinion,

Constantine the first, of Scotland, as soon as he obtained the Crown, loosed the reins to all Vices: he was cruel and covetous towards his Nobles, kept company with men of the basest Ranke; gave himself only to the rapes of maids, matrons, and immoderate feasts, having fidlers, Stage-players, and ministers of all sorts of pleasures almost about him: with which vices the Nobles of Scotland being offended, admonished him of his duty. But he proudly contemning them, wished them to look after other matters, saying, he had council enough from others, and that they should lay aside their false hope, that they could reclaim the King by their Council. On the contrary he was of so poor a dejected Spirit towards his enemies, that he not only granted them peace, but remitted them injuries, and restored them Castles as soon as they demanded them. Which caused the Picts and Scots to consult together to depose him by force of Arms; from which Douglasse dissuaded them for the present, by reason of their foreign wars with the Britons and Saxons: In the end, he was slain for ravishing a Noblemans daughter in the 15. year of his Rain. King Goran was slain by the people for favoring Towers chief Inquisitor or judge of capital causes, who much oppressed the people; his children being young, Hugonius succeeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the son of King Goran reigned. Ferwhard the 52. King of Scots a crafty man, desiring to turn the Kingdom into a tyranny, nourished great divisions among the Nobles; but they discovering his malice privily enter into an accord among themselves, and calling a Parliament, summoned him thereunto: who refusing to appear, keeping within his Castle; they thereupon took it by force, and brought him to judgment against his will; where many and grievous crimes, among others, his cruelty and negligence in the affairs of the Common-wealth; the Pelagian Heresy, with contempt of Baptism, and the other Sacraments, were objected against him; of none whereof he being able sufficiently to purge himself, was cast into prison; where, out of shame and sorrow, he slew himself. Ferwhard the second, a man polluted with all kind of wickedness, an insatiable desirer of wine and money, inhumanely cruel towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at last turned his fury against his own, slaying his own wife, and ravishing his own daughters: for which wickednesses he was excommunicated: but the Nobles willing to assemble together to punish him, were disuaded by holy Bishop Colman, who told the King openly, that some Divine judgment would shortly seize upon him, which fell out accordingly, for falling into a Feaver, and not abstaining from his intemperance, he was eaten up of lice. Maldwin 55. King of Scotland was strangled by his Queen, for suspicion of Adultery with an Harlot; for which fact she her self was burned 4 days after. Amberkelethus a vicious wicked king, was slain by one of his own men, with an arrow in the night, when he was marching against the Picts; whereupon, lest the Army should be dissolved or left without a General, Eugenius the 7 ^th was presently chosen King in the Tents: who making peace with the Picts, his wife being slain in his bed by two conspirators who sought his life, the king being suspected of this murder was thereupon imprisoned; but before his trial set at liberty, by the apprehension of the Murderers. King Eugenius the 8 ^th , rushing into all Vices, and neither regarding the admonitions of his Nobles or Clergy, was for his filthy lusts, covetousness, and cruelty, slain in the assembly of his Lord's by their general consent, and his companions in wickedness and villainy hanged, which was a grateful spectacle to the people. Fergusius the third succeeded him both in his Crown and Vices; he was a foul drunken glutton, and so outrageously given to Harlots, that he neglected his own wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this disgrace, she murdered him in his bed, and afterwards slew her self also. Donald the 70 King of Scotland, gave himself wholly to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realm, by which he corrupted the youth of the kingdom: which the ancients of the Realm discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Whereupon the Nobles fearing, lest this filthy and slothful man, who would neither be amended by the councils of his friends, nor calamities of his people, should lose the remainder of the Kingdom which was left, cast him into prison; where for grief of his inhibited pleasures, or fear of public shame, he laid violent hands upon himself Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realm by good Laws; after which he was slain in battle by the Danes. King Ethus his brother and successor polluting himself with all vices, and drawing all the youth of the Country (prone to wickedness) with him, he was the reupon seised on by the Nobles; who making a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdom, and died in prison of grief, within three days after. Gregory being made King in his stead. Constantine the third turning Monk, Malchombe was elected king, who was slain by the conspiracy of thieves; whose son Duffus being an infant, Indulfus enjoyed the Crown; to whom Duffus succeeding, was murdered by Donald: whereupon a Parliament was assembled to choose a new King, which elected Culenus: who at last degenerating into all licentiousness, ravished Virgins, Nuns, yea his own sisters and daughters, and set up a kind of public stews. For which being reprehended by the Nobles, he excused part by reason of his youth part by reason of fear, and acknowledging his sorrow for the residue, promised a • endment. But he not reforming upon their admonitions, they departed from Court, that they might neither be witnesses nor partakers of his vices: The king freed of their troublesome company gave himself wholly to feasting and venery, spending nights and days in dishonest sports and pleasures with his dissolute companions; and to maintain his luxury, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sickness, which made him a deformed carcass, fit for nothing but to suffer the penalties of his vicious life, his Courtiers and companions spoiling the people everywhere in the mean time. Whereupon the Nobles were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the public safety in his precipitate State of things: with which sommons being awaked, he began to consult with his companions, what was best to be done for his own safety in these exigence: being unable to resist or flee, he resolved to go to the Parliament, hoping to find some mercy there for his good fathers sake, to preserve him from falling into extreme misery; but in his way thither he was slain by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with less labor then they expected: and Kenneth the third was made King in his place: who poisoning his Nephew Malcolme, heir to the crown after his decease, to settle on his own posterity, he caused the Lord's in Parliament to repeal the ancient Law whereby the Crown descended to the next of kin during the minority of the right heir; and to enact, that the son should from thenceforth inherit the crown next after his father, through a Minor; that the Realm during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 years of age; and after that by a Guardian elected by himself; that if the Kings eldest son died having issue, the issue should inherit, before the second brother, &c. After which, the King generally hated for the poisoning of Malcolme, was slain by the practice and command of Fenella. He thus cut off Constantine surnamed the bald, son of Culen, pretending the new Law concerning the descent of the Crown to be unjust, obtained by force, and contrary both to the public liberty and safety; to wit, that an infant (commonly governed by a woman) being unable to govern, or repulse an enemy in times of danger, yea a curse of God upon a Realm, and therefore not to be endured or settled by a Law, especially in those time of war, when they had so many enemies) should be preferred before a Kinsman of full age, fit to reign; so ambitiously sought the Crown and made so many friends, that he procured himself to be proclaimed King at Scone; which Malcolme son of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which being conducted by his brother Kenneth, Constantine and he in the second encounter were both slain one of another. After whose death Grame the son of Duffus usurping the Crown, when he and Malcolme were ready to encounter with their Arms, this agreement was made between them by Forthred a Bishop, that Grame should retain the Kingdom, and the new Law of succession be suspended during his life; and Malcolme succeed him after his death. After which Grame giving himself to all dissoluteness, covetousness and oppression, and warring upon those Nobles and Counselors, who advised him to reform his evil courses, with greater cruelty than any foreign enemy, destroying both men towns, cattle, fields, and making all a common prey; hereupon they called in Malcolme out of Northumberland to assist them, who encountering Grame, on Ascension day, took him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soon after dying of sorrow and his wounds; Malcholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his fathers reign, was ratified by all their consents: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Book, as the occasion and increase of all those mischiefs both to King and Kingdom, which it was purposely made to prevent. This Malcolme, after he had reigned long victoriously with much honor, in his declining age, growing very covetous, took away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so severely, that he brought many of them to death, others to extreme poverty; which injuries lost him all his love, honor, and so far exasperated the people, that partly out of revenge, partly to prevent further oppressions and to provide for their own security, corrupting his servants with money, they sent their agents into his chamber in the night, and slew him. Not to mention the murder of King Duncan by Machbed, who usurped his Crown through his pusillanimity; this Machbed, omitting no kind of libidinousnesse, cruelty, and tyrannizing over the people for 18 years space together, trusting to the predictions of certain wizards, that he should neven be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slain by any man borne of a woman. At last Mackduffe governor of Fiffe joining himself to some few patriots who had escaped this Tyrants sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keep them from discovery, took Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to fight bp Mackduffe, to whom the Tyrant replied in scorn, that in vain he attempted his death, for it was his destiny never to be slain by any man borne of a woman: Now then said Mackduffe, is thy fatal hour come, for I never was borne of a woman, but violently cut out of my mothers womb, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slain, and Malcolme Conmer the true heir of the Crown, seated in the Throne. King Donald being odious and cruel to his subjects, they sent for Duncan Malcombes bastard, who expelled him the Realm, and was created King in his steed; who proving harsh, cruel, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earl of Murry, corrupted with money by Donald to murder him. Donald permitting the Isles to be taken and possessed by Magnus King of Norway, and suffering his Realm to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes son, to take possession of the Crown, who entering into Scotland with small forces, Donald being deserted by his people, betook himself to flight, but being apprehended and brought back to Edgar, he was cast into prison, and not long after died. King Malcolme the fourth, at a Parliament at York parting with divers of his Crown-lands to King Henry without his people's consents so far incurred their hatred, that upon his return they besieged him at Barwick, and almost took him prisoner, but by the mediation of some of his Council, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crown land, they resolved to recover it by war: the Scottish Nobility affirming, that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encounters making a peace with the English upon unequal terms, wherein he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent▪ hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Arms and Rebell against him.

After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realm, during the Inter-regnum; where first of all they appointed fix men to rule the Realm for the present, and then heard and discussed the several Titles pretended to the Crown, the final determination whereof, they referred to King Edward the first of England as to the Supreame Sovereign Lord of the Realm: who selecting 12. Scottish, and 12. English Counselors to assist him; After full hearing, by general consent of all, adjudged the Crown to John Baylioll, husband to King Alexanders nightest Kinswoman: The Scots considering his simplicity and unaptnes to govern them, and scarce confiding in him being an Englishman, and elected by the K. of England, cōstituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earls, and 4. Lord's, by whose advise the King and all the affairs of the Realm, were to be governed and directed: He was taken and kept prisoner by the English. After the death of Robert Bruce, the Scots before their King was crowned, created a Vice-Roy to govern the Realm, who suppressed the thieves, and Robbers: Edward Bayliol son to John Bayliol succeeding Bruce, was afterwards rejected and deposed by the Scots, for adhering too closely to the English & K. Edward, and David Bruce elected K. in his place. Robert the 2 ^d . of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented thereunto, but his Nobles being against it, his assent alone was in vain; because the King of Scotland alone, can make no firm peace nor truce, nor promise which shall bind, but by public consent in Parliament. King Robert the 3 ^d . dying of grief, for the captivity and imprisonment of his Son James, taken prisoner by our King Henry the 4 ^th . as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Vice-roy, till James the (first of that name) right heir of the Cowne, were enlarged. James being freed and Crowned, summoned a Parliament, wherein an aid was granted him to pay his ransom, with much difficulty: he had many Civil wars with his Subjects, and at last was murdered by Robert Grame and his confederates, from whom he received 28. wounds in his Chamber in the night, whereof he presently died. James the 2. his son, being but 7. years old at his death, Alexander Leviston was chosen Protector, and William Crichton made Chancellor by Parliament; Which the Earl Douglas storming at, committed many insolencies in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and commanding that none should obey him, the Chancellor thereupon fortified Edinburgh Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be settled: which lasting very long by reason of Earl Douglas his ambition, power, and covetousness, who raised many grievous civil wars, he was at last stabbed to death by the King himself, Anno 1452. contrary to his promise of safe conduct to the Court, under the Kings and Nobles hands and seals: Wherupon his brethren and Confederats, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses tail, which they led through the streets of Sterling, railing at the King and his Council as they went, and when they came into the market place (where they had 500. trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Town, Co • ntry, with all places else that were firm to the King; between whom and the kings party, a bloody civil war (to the spoil of the Country) continued above two years space with various success; till at last with much difficulty this fire was extinguished and the King casually slain with the breaking of a Cannon: whose son James the 3. being but 7. years old, was proclaimed king in the Campe, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon the Oration of Kenneth Archbishop of Saint Andrew's showing the Inconveniences and unfitness of a woman's Government, they Elected 6. Regents to govern the King and Realm during his minority. After which Bodius was made Vice-roy: This king being seduced by ill Courtiers and Counselors which corrupted him, thereupon divers of the Nobles assembling together, resolved to go to the Court, to demand these ill Counselors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and everyone strave who should be forwardest to do this execution. The king promising reformation, was dismissed; but in steed of reforming he meditated nothing but revenge, blood and slaughter in his mind; and plotting secretly to murder the Nobles in Edenburg, by the help of Earl Duglasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired only his reformation, took up Arms to destroy him, as one incorrigible and implacable; whereupon they made the Kings son Vice-roy, and knowing the kings perfidiousness, would yield to no terms of peace, unless he would resign up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemy. After which calling a Parliament, they created his son James the fourth king; who coming under the power of the Duglasses, rescued himself at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favorite, General, the Scottish Nobility took it in such indignation, that they threw down their weapons and suffered themselves to be taken prisoners; whereupon the king growing sick with grief and anger, soon after died. Anno. 1555. Mary the Daughter of king James the sixth of Scotland, and heir to the Crown, being within age, her mother Queen Mary, by common consent was made Regent, and she by common consent and council of the Nobles, married to Francis Dolphine of France. In the mean time there happening some troubles and wars about the reformed Religion, which many of the Nobles and people there contented for; the Queen Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 months, she in the mean time sends for Soldiers out of France, wherewith she endeavored to suppress Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defense of their Religion and Liberties, by a common decree in Parliament, deprived the Queen Mother of her Regencie, make a league with our Queen Elizabeth, being of the reformed Religion, and receiving aid both of men and money from her, besieged the Queen Mother in Edinburgh Castle, where she died of grief and sickness. After which they expelled the French, and procured free exercise of the Reformed Religion. In the mean time Francis dying, the Queen sends for Henry Steward out of England, where he and his Father had been Exiles; marries and proclaims him king, July 29. 1564. which done, she excluded the Nobility from her Councils, and was wholly advised by David Ritzius, a Subaudian, whom she brought with her out of France, and did all things by his Council; wherewith the Nobles being much discontented, finding him supping with the Queen in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stabbed him to death, Anno. 1565. The Queen soon after was delivered of a son and heir, James the 6. and then admits James Hepburne Earl of Bothwell into most intimate familiarity with her, setting him over all affairs of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward being dead, (whether of a natural death or poison is yet in controversy) she married Bothwell openly, without the Lord's and Parliaments consents. Hereupon the Nobles took up arms against Bothwel and the Queen, besieged the Queen till she rendered her self prisoner, upon this condition; that she should adjure and resign her interest in the Crown and Kingdom to her infant son; which they compelled her to perform, and appointed James Earl of Morton Vice-roy, and Protector during the Kings Minority. In the mean time the Queen was committed prisoner to the Castle of the Isle of the Lake Leuine; where corrupting Duglasse her keeper, the Earl of Mortons Nephew, and a shipmaster, she escaped to the Hamiltons in safety, who having raised Forces to free her, waited her coming on the shore: But the Vice-roy scattering these forces soon after, the Queen thereupon fled into England. Anno. 1568. Where Queen Elizabeth taking her expulsion ill, labored that she might be restored to the Crown, which could not be effected, but by Arms; or mediation; and neither of them without knowledge of the cause. Whereupon the Queen sent for the Vice-roy and Council of Scotland into England, to answer the complaints of their Queen against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latin and English,) wherein they shown the grounds and order of their proceedings against their Queen; wherewith the Queen and Council were satisfied, that they had proceeded rightly and orderly: yet to keep both sides in suspense, she pronounced no definitive sentence: The Vice-roy departing into Scotland, was afterwards murdered by the Hamiltons, and Matthew Steward Earl of Leseux made Vice-roy in his steed. The Queen in the interim treated with Thomas Howard Duke of Norfolk, about a match with him, and to seise upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queen Elizabeth's death, &c. and for it beheaded at Fotherringham Castle. Feb. 8. 1587. The History of which Queens life is more at large related by Buchanan and others; and her imprisonment and Deposition professedly justified as lawful by his Treatise, De Iure Regni apud Scotos (compiled for that purpose) to which I shall refer the Reader.

What the Lord's and Realm of Scotland have done within these 5. years last past in defense of their Religion Laws, Liberties, by holding general Assemblies, Parliaments, taking up arms, seising the Forts and Ammunition of the Realm, and marching into England, against the Kings consent and Proclamations, is so fresh in memory, so fully related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himself; and in particular Histories of this Subject, that I shall not spend time to recite particulars, but will rather conclude from all the premises with the words of Buchanan;

The Kings of the Gentiles, Israel, and Judah.

Now least any should object, that all the forecited Examples and Authorities are but human, and no convincing evidences to satisfy the Conscience, That whole Kingdoms, States, and Parliaments are above their kings, and of greater power then they, I shall therefore (to close up this Posterne Gate of Evasion) conclude with Scripture Presidents, ratifying this truth beyond all contradiction. To begin with Heathen kings and States therein recorded. I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul (his Sovereign) and the Israelites to Battle, and passed on in there reward with Achish; the Princes of the Philistines seeing it, said, What do these Hebrews here? To whom Achish answered, Is not this David the servant of Saul King of Israel, which hath been with me these years, and I have found no fault in him since he fell unto me unto this day? Hereupon the Princes of the Philistines were wroth with him, and taking advice together, said to their King Achish, Make this fellow return that he may go again to his place which thou hast appointed him, and let him not go down with us to Battle, lest in the Battle he be an adversary to us; for wherewith should he reconcile himself to his Master? should it not be with the Heads of these men? Is not this David, of whom they sang one to another in dances, saying, Saul slew his thousands, and David his ten thousands? Then Achish called David, and said unto him, Surely as the • ord liveth, thou hast been upright, and thy going out and coming in with me in the Host is right in my sight, for I have not found evil in thee since the day of thy coming; nevertheless the Lord's favor thee not; wherefore now return and go in peace, that thou displease not the Lord's of the Philistines,. And when David replied, What have I done, &c. that I may not fight against the Enemies of my Lord the King? Achish answered him, I know thou art good in my fight as an Angel of God, notwithstanding the Princes of the Philistines have said, HE SHALL NOT GOE VP WITH VS TO BATTELL; wherefore rise up early in the morning with thy Masters servants that are come with thee, and as soon as ye have light, depart; whereupon they returned. Here we see the Lord's of the Philistines did peremptorily overrule their king against his will, who durst not contradict them; therefore they had a Power superior to his: as will further appear by 1 Sam. 5. 7, 8, 9, 10, 11. and ch. 6. 1, to 13. where when the Ark of God was taken by the Philistines, the Lord's and People of the Philistines (not the King) met, consulted, and ordered, how it should be removed from place to place, and at last sent it back again. So Ahasuerus the great Persian Monarch, was advised, over-ruled by his Council of State, as appeareth by the case of Queen Vashti, Ester 1. and what his Princes thought meet to be done, that he decreed and proclaimed, verse 19, 20, 21, 22. So Artaxerxes king of Persia did all things of moment, by the advise of his Counselors and Princes, Ezra 7. 28. and Chap. 8. 25. Great Nebuchadnezzar King of Babylon, (Dan 3. 2, 3. 24. chap. 4. 32, to 36.) was for his pride driven from men, put to eat grass with Oxen for aspace, till he knew that the most High ruleth in the Kingdoms of men. After which his understanding and reason returned to him, and the glory of his Kingdom, and his Counselors and Lord's sought unto him, and established him in his Kingdom, he being over-ruled and counseled afterwards by them. So Daniel 6. Darius King of the Medes and Persians, was over-ruled by his Lord's and Princes, even against his will, to Sign a Decree, and to cast Da • iel into the Lions Den for breach of it; and though the King were sore displeased with himself for Signing this Decree, and set his heart on Daniel, and labored till the going down of the Sun to deliver him; yet the Princes assembling and telling the King, Know O King, that the Law of the Medes and Persians is, that no Decree nor Statute which the King establisheth, (by the advice of his Nobles) may be changed, (to wit, by the king alone, without their advise: a clear evidence, that the greatest Persian Monarchs were subject to the Laws of their Kingdoms, as well as other Princes;) Whereupon the King commanded, and they brought Daniel and cast him into the Den of Lions, and a stone was brought and laid upon the mouth of the Den, and the King Sealed it with his own Signet, and with the Signet of the Lord's, THAT THE PVRPOSE MIGHT NOT BE CHANGED concerning Daniel. Here this great king was even against his will constrained to be subject both to his Laws and Lord's The like we read of Pharaoh king of Egypt, Exod. 1. 8, 9, 10, 11. who consulted with his people how to oppress the Israelites, as being unable to do it without their consents And Exod. 10. Pharaohs Counselors and Lord's, (after sundry Plagues on the Land) said unto him, How long shall this man (Moses) be a snare unto us? Let the men go that they may serve the Lord their God; Knowest thou not that Egypt is destroyed? Whereupon Moses and Aaron were brought before Pharaoh, who said unto them, Go serve the Lord your God. And Isaiah 19. 11. to 16. Surely the Princes of Zoan are fool • the counsel of the wise Counselors of Pharaoh is become brutish: They have also seduced Egypt, even they that are the stay of the Tribes thereof. They then had an overruling power above their kings. So the great King of Nineveh, Jonah 3. 7, 8, 9. proclaimed and published a general fast throughout the City, by the Decree of the King, and of his great men, making no public Laws, but by their advice and assents. In like manner we read in the 2 Sam. 5. 3, 4, 5. That the Princes of Hanun King of the Ammonites co • selled and overruled him (out of overmuch suspicion) to abuse David's messengers sent to him in love. And in the 1 Kings 22. 47. There was then no King in Edom, a Deputy was King; the kingdom appointing a Deputy then to rule them in stead of a king, and giving him royal authority: And in the 2 Kings 8. 22. 2 Chron. 21. 8. In the days of Joram, Edom revolted from under the hand of Judah (which had conquered it) and MADE A KING OVER THEMSELVES: and though Joram smote the Edomites, who encompassed him, yet they revolted from under the hand of Judah till this day: The electing and constituting of a king being in their own power. See Gen. 23. 3. to 20. and c. 34. 20. to 25. to like purpose.

These being all Pagan Kings and States, I come to the Israelites themselves; wherein for my more orderly proceeding, and refutation of the many gross erroneous Assertions of * Court Doctors and Royalists touching the estate and Sovereignty of their Kings, whom they would make the world believe to be absolute Monarchs, subject to no Laws, to derive all their royal authority from God alone, and no ways from the people; to be merely hereditary and elective, to be above all their people, irresistible in their Tyrannicall wicked proceedings, and no ways subject to their Realms and Congregations overruling control, much less to their defensive oppositition or deprivation; I shall digest the whole History of their Kings and Kingdoms Jurisdictions and power into these ensuing propositions, which I shall clearly make good out of Scripture, as I propound them in their order.

First, That the original Creation and Institution of the Israelites Kings and Kingdoms proceeded only from the power and authority of the people, and that solely by Divine permission, rather then institution: This is most apparent by Deuter. 11. 14, 15. When thou art come unto the land which the Lord thy God giveth thee, and shalt possess it and dwell therein, and shalt say, I WILL SET A KING OVER ME, like as ALL THE NATIONS THAT ARE ABOUT ME; THOU SHALT in any wise SET HIM KING OUER THEE, whom the Lord thy God shall choose; one from among thy brethren SHALT THOU SET OVER THEE, THOU MAIST NOT SET A STRANGER OVER THEE, which is not thy Brother. Where God himself by way of prophesy of what afterwards should come to pass, expressly declares, first, that the primary motion of changing the government of the Jews from Judges and an Aristocracy into a Kingdom, should proceed from the people's inclination, as the words, and shalt say, I will set a King over me, &c. import. Secondly, that the authority to change the Government into a Regality, to creat and make a King, resided in, and the authority of the King proceeded merely from the people, as the words, I will set a King over me, Thou shalt set him over thee; (four times recited in two Verses;) manifest beyond dispute. Thirdly, that all Nations about them who had Kings, had the like power to create and make their kings, as the words, Like as all the Nations that are about me, witness. All which is evi • ently confirmed by Josephus, Antiqu. Iudaeorum, l. 4. c. 8. by Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. Bertram, Cunaeus, Schikardus, and divers Commentators on this Text: The History of the change of their State into a Kingdom, and of their Judges into kings, added to this Prophesy and precept, will leave no place for any scruple. We read in the 1 Sam. 8. that the people growing weary of Samuel's government who judged them, by reason of the ill government of his sons, who took Bribes, and perverted judgment; thereupon ALL THE ELDERS OF ISRAEL GATHERED THEMSELVES TOGETHER, and came to Samuel unto Ramah, and said unto him, Behold, thou art old, and thy sons walk not in thy ways, now MAKE VS A KING TO IVDGE VS LIKE ALL THE NATIONS: But the thing displeased Samuel, when they said, Give us a King to judge us; and Samuel prayed unto the Lord; And the Lord said unto Samuel, HEARKEN VNTO THE VOYCE OF THE PEOPLE IN ALL THAT THEY SAY VNTO THEE; for they have not rejected thee, but they have rejected me that I should not reign over them; According to all the works that they have done since the day that I brought them out of Egypt, even unto this day; wherewith they have forsaken me, and served other gods, so do they also unto thee: Now therefore hearken to their voice; howbeit, yet protest solemnly unto them, and show them the manner of the King that shall reign over them. And Samuel told all the words of the Lord unto the people that asked of him a King; and he said, This will be (not ought to be) the manner of the King that shall reign over you, he will take your sons, and appoint them for himself, &c. and ye shall be his servants: and ye shall cry out in that day because of YOVR KING WHICH YE SHALL HAVE CHOSEN YOU, and the Lord will not hear you in that day. Nevertheless, the people refused to obey the voice of Samuel, and they said, Nay, BVT WE WILL HAVE A KING OUER US, that we also may be like all the Nations, and that our King may judge us, and go out before us, and fight our battles. And Samuel heard all the words of the people, and rehearsed them in the ears of the Lord: And the Lord said unto Samuel, Hearken unto their voice, and make them a King. After which, when God had appointed Saul to be their King, Samuel called the people together unto the Lord in Mizpah, and recapitulating the great 〈1 page duplicate〉 〈1 page duplicate〉 deliverances God had done for them, added, And ye have this day rejected your God, who himself saved you out of all your adversities and tribulations, and ye have said unto him, Nay, BVT SET A KING OVER US, &c. And Samuel said unto all the people, See ye him whom the Lord hath chosen, that there is none like him among all the people? And all the people shouted and said, God save the King. After which he expostulated again with them thus, And when ye saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, BVT A KING SHALL REIGN OVER VS, when the Lord was your King; Now therefore behold the KING WHOM YE HAVE CHOSEN, AND WHOM YE HAVE DESIRED, &c. that ye may perceive and see that your WICKEDNESSE is great which ye have done in the sight of the Lord, IN ASKING YOU A KING. And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for we have added unto all our sins this evil, TO ASK A KING. Which compared, with Hos. 13. 10, 11. I will be thy King, where is any other that may save thee in all thy Cities? and thy Judges of whom thou saidst, GIVE ME A KING AND PRINCES? I gave thee a King in mine anger, and took him away in my wrath: with Acts 13. 21. And afterward THEY DESIRED A KING, and God gave them Saul the son of Cis, by the space of forty years. All these concurring sacred Texts will infallibly demonstrate, that this change of the Judges into Kings, and the original creation of their Kings and kingdoms proceeded only from the importunity and authority of the people, who would not be gainsaid herein, not from God's institution, or Samuel's approbation, who censured and disavowed this their motion, though they at last condescended to it; all which is elegantly related, confirmed by Josephus, Antiqu. Iudaeorum, l. 6. c. 4, 5, 6, 7. By all this it is apparent, that the congregation and people of the Jews had the Sovereign power in themselves, as well as other Nations, because the authority to alter the whole frame of their former Aristocratical Government into a Monarchy, resided in them, though they were taxed forchanging it in Samuel's days, who had so justly, so uprightly judged them.

[ 2] Secondly, it is apparent, that the Judges and kings of the Israelites were not properly hereditary, but oft elective by the people: and though God did sometimes immediately nominate the persons of those that should reign over them, as is apparent by Saul, David, Jeroboam, John, others; yet the people did constantly confirm, make them kings, and gave them their royal authority, none being made kings by Divine appointment, but such as they willingly accepted, approved, confirmed for their kings; God's previous designation being but a preparative to their voluntary free (not restrained or limited) election. The first king among the Israelites (though but over part of them) was Abimelech the son of Ierubbaal, who was made king by the people's election, Judges, 9. 1, to 7. who having persuaded those of Shechem to elect him for their king, thereupon ALL THE MEN of Shechem gathered together, and ALL THE HOUSE of Millo went and MADE ABIMELECH KING: whence Jotham thus upbraided them and him, Verse 14. to 19: Then said all the trees unto the Bramble, come thou and reign over us: And the Bramble said unto the trees, If in truth ye anoint me king over you, then come and put your trust in my shadow, &c. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING, &c And that ye have risen up against my fathers house this day, and have MADE Abimelech king, &c. We read Judge. 8. 21, 23. that after Gideon had slain Zebah and Zalmunna, with the Midianites, The men of Israel said unto Gideon, Rule thou over us, both thou and thy sons, and thy sons son also, for thou hast delivered us from the hand of Midiar. And Gideon said unto them, I will not rule over you, neither shall my son rule over you, the Lord shall rule over you. Where we clearly see, the power and right to elect a Ruler, and to limit the government to him and his Issue, for three Generations only, to reside in the people's free election. So Judges 10. 17, 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead, the people and Princes of Gilead said one to another, What man is he that will begin to fight against the children of Ammon, he shall be Head over all the Inhabitants of Gilead. And the Elders of Gilead went to fetch Jephthah out of the Land of Tob, and said unto him, Come and be our Captain that we may fight with the Children of Ammon, and be our Head over all the inhabitants of Gilead: Upon promise of which dignity, he went with them to Gilead; and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVER THEM. That the election and making of their Kings belonged of right to all the people, is past dispute, being so resolved by God himself, Deuter. 17. 14, 15. When thou art come into the land, &c. and shalt say, I WILL SET A KING OVER ME, like as all the Nations that are about me, THOU shalt in any wise SET HIM KING OVER THEE whom the Lord thy God shall choose; one from among thy Brethren shalt THOU SET OVER THEE, THOU MAIST NOT SET A STRANGER OVER THEE: Where the power of creating and electing the King, is left wholly to the people's free choice, with these general restrictions, that he should be one of their brethren, not a stranger, and particularly qualified as is there expressed. And though God did sometime design and nominate their Kings, yet he left the power of approbation and ratification of them free to the people, as is apparent by 1 Sa. 8. 18. And ye shall cry in that day, because of the King WHICH YE SHALL HAVE CHOSEN you. Hence Saul their first King, though nominated and designed by God and Samuel, was yet approved, confirmed and made King by the People. Who shouted and said, God save the King, when Samuel presented him to them; 1 Sam. 10. 24. But the children of Belial despising and bringing him no presents, Verse 27. after Saul had conquered the Ammonites, who besieged Jabesh Gilead; The people said unto Samuel, who is he that said, Shall Saul Reign over us? bring the men that we may put them to death. Then Saul said, There shall not a man be put to death this day; for this day the Lord hath wrought salvation in Israel. Then said Samuel to the people, Come let us go to Gilgal, and renew the Kingdom there. And ALL THE PEOPLE went to Gilgal, and there THEY MADE SAVL KING before the Lord in Gilgal: Where Samuel useth this speech to the people, concerning Saul, Now therefore behold THE KING WHOM YE HAVE CHOSEN, and whom Ye have desired, the Lord hath set a King over you: (So that the choice and election of him, was as well theirs as God's:) And Verse 25. he calls him Your King, because chosen and made by, as well as for the people.

Saul being slain by his own hands, the Crown descended not to his son by way of descent, but David succeeded him by God's designation, and the Peoples election too; by whose authority he was made and crowned king, being formerly anointed by Samuel to succeed Saul. This is irre • ragable by the 2 Sam. 2. 4. Where David going up to Hebron by God's direction, the men of Judah came, and there They Anointed David King over the House of Judah. After which 2 Samuel. 5. 1.

105. ALL THE TRIBES OF ISRAEL came to David to Hebron, and spake saying, Behold we are thy bone and thy flesh. Also in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel; And the Lord said to thee: Thou shalt feed my people Israel, and thou shalt be a Captain over Israel. So AL THE ELDERS of Israel came to the King at Hebron, and King David made a League (or Covenant) with them before the Lord; and THEY ANNOINTED DAVID KING OVER ISRAEL. And in the 1 Chron. 12. 23. to 40. We have a particular recital of the numbers of the bands that were ready armed to the War, and came to David to Hebron to TURN the Kingdom of Saul TO HIM; and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL; and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING: Whose title to the Crown being afterward shaken by his son Absalom, who cunningly usurped it, (and that by the election of the people too; as is evident by Hushai his speech unto him, 2 Sam. 16. 18. Nay, but whom the Lord, and THIS PEOPLE, AND ALL THE MEN OF ISRAEL CHOOSE, his will I be, and with him I will abide, compared with 2. Sam. 29. 9, 10. And all THE PEOPLE were at strife thorough all the Tribes of Israel, saying; Absalom whom WE ANOINTED OVER US is dead, &c. A clear evidence the kingdom was then held elective, and that the people had the Sovereign power of electing and creating their kings;) all the people throughout all the Tribes of Israel and the men of Judah, to re-establish David in his Throne, being fled out of the Land, sent this Message to him; Return thou and all thy servants: Whereupon the King returned, and all the Tribes went as far as Jordan to meet and bring him back again to Gilgal.

David growing old, his son Adonijah, against his consent, accompanied with some great Officers and Courtiers of his party, usurped the Crown, and was by them saluted King; but David hearing of it, by God's election and choice, commanded Solomon (though not his eldest son) to be anointed and proclaimed King, and to sit upon his Throne in his life time: As soon as he was anointed and the Trumpet blew; ALL THE PEOPLE said, God save king Solomon. And ALL THE PEOPLE came up after him, and piped with fluits, and rejoiced with great joy, so that the earth rent with the sound of them; So that all Adonijah his company forthwith deserted him, and he and Joab were glad to flee to the horns of the Altar for shelter. After which, David assembled all the Princes of Israel, the Princes of the Tribes, the Captains of Companies, thousands and hundreds, the Stewards, Officers, and mighty men, with all the valiant men of his kingdom, to Jerusalem; then he declared to all the Congregation, that God had chosen Solomon to sit upon the Throne of the kingdom of the Lord over Israel, and to build him an house, &c. exhorting them to contribute liberally towards this building, which they did; and when they had blessed the Lord, and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the son of David KING THE SECOND TIME, AND ANOINTED HIM unto the Lord, TO BE THE CHIEFE GOVERNOVR (his first Coronation being but private without the presence and consent of the whole Realm, but of those only then present in Jerusalem:) Then Solomon sat on the Throne of the Lord, as king, instead of David his Father, and ALL ISRAEL OBEYED HIM; and all the Princes, and mighty men, and likewise all the sons of David submitted themselves to him as th •• r king: after he was thus generally elected and crowned king the 2. time by all the Congregation. And after David's death, he was established and strengthened in his kingdom by the people's voluntary admission and free submission to him. From which History of Solomon it is clear. 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation; yet he thought that title not sufficient without a second Election, admission, and Coronation of him by all the People and general Congregation. 2. That till this his second inauguration by all the people, he was not generally acknowledged, nor obeyed by all as their lawful king. 3. That God's and David's designation of Solomon to the Crown, did not take away the people's liberty, right and power, freely to nominate, make, and choose their kings; their preuious designation being thus accompanied with this tacit condition, that the people likewise should freely elect, constitute, and crown him for their king, else what need of this their subsequent concurrent acceptance and second coronation of him for their king, by all the congregation, if their consents and suffrages were not necessary? or how could he have reigned over them as their lawful king, had not the people generally chosen, accepted, admitted him for their Sovereign?

Solomon deceasing, Rehoboam his eldest son went up to Shechem: (what to do? not to claim the crown by descent from his Father, but by election from the people, as the following History manifests;) FOR ALL ISRAEL were come to Shechem TO MAKE HIM KING: if to make him king, then he was no king before they had made him, as many Divines most sottishly aver against the very letter of the Text and Josephus; (who writes, That it pleased the Assembly of the Israelites there held, that HEE SHOULD RECEIVE THE KINGDOM BY THE PEOPLES CONSENT.) And Jeroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam, saying, Thy Father made our yoke grievous: now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us lighter, AND WE WILL SERVE THEE: (because naturally subjects delight in mild Kings, who will somewhat descend from their altitudes, saith Josephus.) This was the condition they propounded to him before they would accept him for their king, and upon this condition only would they admit him to reign over them; therefore doubtless the disposal of the Crown and limitation of the kings royal power resided in all the congregation, who had authority to prescribe their kings what equal and just conditions they pleased. And he said unto them, depart yet for three days, then come again to me; and the people departed. Hereupon Rehoboam consulted with the old men that stood before Solomon his Father, while he lived, and said, how do you advise that I may answer this people? And they spake unto him, saying; If thou wilt be A SERVANT unto this people this day, and wilt SERVE THEM and answer them, and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER; But he forsook the Counsel of the old men, which they had given him, and consulted with the young men that were grown up with him, and which stood before him, and following their ill advise: when Jeroboam and all the People came to Rehoboam the third day, as he had appointed; the King answered the people roughly; and forsaking the old men's Counsel, he spake unto them after the Counsel of the young men, saying; My Father made your yoke heavy, and I will add to your yoke; my Father chastised you with whips, but I will chastise you with scorpions. Wherefore the King HEARKNED NOT UNTO THE PEOPLE, for the cause was from the Lord, &c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THEME the People answered the King (through indignation with one voice, writes Josephus, saying; What portion have we in David; NEITHER HAVE WEE INHERITANC) IN THE SONNE OF IESSE, (that is, we have not entailed our Subjection nor the inheritance of this our Realm to David and his seed forever, but are still free to elect what King we please;) to thy Tents O Israel. Now see to thine House, David: so Israel departed to their Tent. But as for the children of Israel which dwelt in the Cities of Judah. Rehoboam reigned over them: (the Tribes of Judah and Benjamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES, writes Josephus.) Then King Rehoboam sent Adoram who was over the Tribute (to excuse saith Josephus, the petulancy of his young tongue, and to appease the minds of the enraged vulgar:) And all Israel stoned him with stones that he died: therefore King Rehoboam (imagining truly, that himself was stoned in his servant, and fearing lest the once conceived hatred should be poured out on his own head, tremblingly getting up into his chariot, as hastily as he could) made speed to flee to Jerusalem. So Israel fell away from the house of David unto this day. And it came to pass when ALL ISRAEL heard that Jeroboam was come again, that they sent and called him unto the Congregation, AND MADE HIM KING OVER ALL ISRAEL, &c. (it being so preordained by God, 1 King. 12. 26. to 41.) Loe here the whole Congregation, or Parliament of Israel, if I may so style it, had full and free power to reject Rehoboam from the Crown, for refusing to subscribe to their conditions; to elect Jeroboam for their lawful King, and erect a new Kingdom of their own, divided ever after from that of Judah: which action I shall prove anon to be lawful, warranted by God's own divine authority, and no sin, nor rebellion at all in the People; who never admitted Rehoboam for, or submitted to him as their lawful Sovereign. So Jehu having slain King Joram, Ahab's eldest son, sent a Letter to Samaria where his other 70. sons were brought up, to the Rulers and Elders there, wishing them to look out THE BEST AND MEETEST of their Masters sons, and set him on his Fathers throne, and fight for their Masters house: But they being exceedingly afraid, said; two Kings could not stand before him, how then shall w • stand? and sent word to Jehu, We are thy servants, and will do all that thou shalt bid us; WE WILL NOT MAKE ANY KING. A clear evidence that the kingdom was then elective, and that they had power to choose the meetest man (not eldest brother) for their king.

After this, Zimri slaying Baasha king of usrael, and usurping the Crown, the people then encamped about Gibbethon hearing of it, that Zimri had conspired and also slain the King; Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe, who burnt Zimri in his Palace: then were the People divided into two parts: half of the People followed Tibni to make him king, and half followed Omri: But the people that followed Omri prevailed against the people that followed Tibni; so Tibni died, and Omri Reigned, being made king only by the people's free election, without any divine designation. So Joash the son of Ahaziah, when Athaliah had usurped the Crown and kingdom of Judah near seven years space, was MADE KING, anointed and crowned by Jehoiadah the High Priest, the Captains of hundreds, and ALL THE PEOPLE OF THE LAND, (who rejoiced at it) when he was but 7. years old, and Athaliah was apprehended, deposed, and murdered by them as an Vsurpresse.

So Amaziah King of Judah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH took Uzziah who was but 16. years old, and MADE HIM KING instead of his Father. Uzziah king of Judah being smitten with Leprosy unto the day of his death, dwelt in a several house, Jotham his son (in the mean time by common consent) was over this house, judging the people of the Land: Ammon king of Judah being slain by his own servants, the people of the Land slew all them that had conspired against Ammon: And THE PEOPLE OF THE LAND MADE Josiah his son King in his stead. And after Josiah his death, the PEOPLE OF THE LAND took Iehoabaz the son of Josiah and MADE HIM KING in his Fathers stead in Jerusalem. From all which sacred Texts and Presidents; as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS, But not by me; THEY HAVE MADE PRINCES, and I knew it not; it is most apparent, that the kings of Israel and Judah, were usually elected by, and derived their Royal authority from the people, who made them kings, and received not their kingdoms and Crowns immediately from God himself by a divine right: which may be further conmed by the 1. Macab. 9. 28. 29. 30. After the death of Judas Maccabeus; all Judas his friends came unto Jonathan his brother, and said unto him, since thy brother Judas died, we have none like to him to go forth against our enemies: Now therefore WEE HAVE CHOSEN THEE this day TO BE OUR PRINCE and Captain in his stead, that thou mayest fight our battles. Upon this Jonathan took the Government on him at that time. After Jonathan's death, the People said unto Simon his brother with a loud voice, 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Judas, and Jonathan thy brother; fight thou our battles, and whatsoever thou commandest us, we will do. And the Jews and Priests were well pleased that Simon should be their Governor, Captain, and High Priest; and Simon accepted thereof, 1 Mac. 14. 41. to 49 Hence Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. writes, That the kings of the Israelites were created by the Suffrages of the People; that the Kingdom of Israel was translated to divers Families for their idolatry; that although the kingdom of Judah were in some sort hereditary, yet it was confirmed by the Suffrages of the People (which he proves by the example of Rehoboam and others) and that they obtained the Royal dignity not only by inheritance, but likewise by the Suffrages of the People, as everyone may clearly know, who shall but consider the Histories of their kings; Which plainly refutes the wild, impudent, false assertion of the Author of An Appeale to thy Conscience, newly published, p. 13. where thus he writes: Observable it is, that throughout the whole Scriptures we read not of Any King (I doubt he never read the Scriptures, else he could not be so grossly mistaken) THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE: Nor of an Aristocracy, that is, where the Nobles govern, nor of a Democracy, that is where the people govern. And therefore let them consider how they can answer it at the last day, who shall endeavor to change an hereditary kingdom into an elective, or any other form of Government whatsoever: that the people do properly and absolutely make a king is false, &c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited, with the best Commentators on them, or read over advisedly, Josh. 22. Judges 17. 6. c. 18. 1. c. 19. 1. c. 21. throughout; with the Books of Ezra, Nehemiah, Judges, Esther, Maccabees, the four Evangelists touching Christ's arraignment and death, Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Josephus, Philo, Paul Eber, Godwin, Cunaeus, Sigonius, Bertrā, or any others who have written of the Jewish Antiquities of Republic, he could not have had the impudency to have published such gross untruths, and should have found not only divers kings in Scripture created by the voice of the people, but an hereditary kingdom oft changed into an elective, yea into an Aristocratical and no Royal government; and an Aristocracy and Democracy to, even among the Jews themselves, whose government before their kings: was merely Aristocratical, as Josephus Antiqu. Jud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus, Schickardus, Bertram, Paul Eber, and all others that I have seen, except this Animal irrationale risibile, punctually determine, they having no kings of their own before Saul, nor any after Zedekiah. Therefore I shall spend no more waste paper to refute this palpable error, so confidently asserted by parisiticall Court Doctors, who make no conscience of writing any, though the grossest untruths, which may advance the absolute Sovereign Arbitrary tyrannical government of kings, to oppress and enslave the people.

Thirdly, that the Kings of Judah and Israel were no absolute Sovereign Princes, but took their Crown with and upon such Divine conditions, for breach whereof they and their posterities were oft times by God's command, just judgment, and speeiall approbation deposed, disinherited, destroyed, and the Crown translated to other families.

This is evident by direct Scriptures, Deuter. • 7. 14. to the end. Thou shalt in any wise set him King over thee whom the Lord thy God shalt choose; one from among thy Brethren shalt thou set King over thee; thou mayest not set a stranger over thee, which is not thy Brother. Here is an express limitation and condition in respect of the person of the King; the conditions in regard of his royal administration follow, which are partly Negative, partly positive, But he shall not multiply Horses to himself, nor cause the the people to return to Egypt, &c. Neither shall he multiply wives to himself, that his heart turn not away; neither shall he greatly multiply to himself silver and gold. And it shall be when he fitteth on the throne of his Kingdom, that he shall write him a Copy of this Law in a Book, out of that which is before the Priests the Levites; and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his God, to keep all the words of this Law, and these Statutes to do them; That his heart be not lifted up above his brethren, and that he turn not aside from the Commandment to the right hand or to the left, to the end that he may prolong his days in his Kingdom, he and his children in the midst of Israel. Here all the kings of the Israelites when their kingdoms should be erected, are strictly bound by God himself to negative and positive conditions, upon performance whereof, they and their children should prolong their days in the kingdom, and perpetuate their thrones in the midst of Israel, and upon breach whereof they and their posterity should lose both their lives and kingdom to; as the last clause insinuates, and the subsequent Texts in direct terms aver. But what if the king should violate these conditions, might the people lawfully resist him? Josephus in his paraphrase on this very text, which I shall cite at large, resolves they might; Truly the government of the best men (or Aristocratical government) is best; and to live in a Republic thus administered, nor is there cause why you should desire any other kind of government, but it is best, that contenting yur selves with this, you continue within the power of your Laws and of yourselves: But if the desire of a king shall possess you, let there be none unless he be of your stock, and blood, and one to whom justice, with other virtues, are cordial: He whosoever he shall be, let him attribute more to the laws and unto God, than to his own wisdom, AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND SENATES ADVICE; neither may he nourish many wives, nor possess very much money, and many Horses, with the plenty of which things he may easily become a contemner of the laws; and if he shall addict himself to these things more then is meet, OBSTANDVM EST, ne potentior fiat quam rebus vestris expedit, HE IS TO BE RESISTED, lest he become more potent then is expedient for your affairs: So he. Yea Zwingli with B. Bilson expressly resolve, that the people were bound to resist, question and depose their kings for their idolatry, and breach of these conditions; and that God himself justly punished them for Manasseh sins and wickedness, because they resisted and punished him not for them, as they were obliged to do; as I have elsewhere manifested, to which I shall refer you.

This condition most clearly appears in other Texts; as in the 1 Sam. 12, 13, 14, 15, 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity, against God's and Samuel's approbation, Samuel used these speeches to them, Now therefore behold the King whom ye have chosen, and whom ye have desired, &c. If ye will fear the Lord and serve him, and obey his voice, and not rebel against the commandment of the Lord, then shall both ye and also the King that reigneth over you continue following the Lord your God. But if ye will not obey the voice of the Lord, but will rebel against the voice of the Lord, then shall the hand of the Lord be against you, as it was against your fathers, &c. But IF ye shall do wickedly, ye shall be consumed both ye and your King. After this Saul being distressed by the Philistines, weary of staying for Samuel, and presuming to offer sacrifice without him, hereupon Samuel said to Saul, Thou hast done foolishly, for thou hast not kept the Commandment of the Lord thy God, which he commanded thee, for now would the Lord have established thy kingdom upon Israel forever; but NOW THY KINGDOM SHALL NOT CONTINVE, for the Lord hath chosen him a man after his own heart, and the Lord hath commanded him to be captain over his people, BECAUSE THOU HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE, Lo here the breach of God's conditions by king Saul, forfeited his Kingdom, and disinherited his posterity of it. So when he performed not God's command, in utterly destroying Amalek, sparing Agag and the best of the things; Samuel sharply reprehending him for this offense, said unto him, Behold, to obey is better then sacrifice, and to hearken than the fat of Rams; for Rebellion (namely, king Saul's rebellion against God's command, not subjects rebellion against their Prince, not so much as once dreamed off in this Text as Court Doctors grossly mistake, and so miserably pervert this Scripture contrary to the sense and meaning, translating it from kings to subjects, from king rebellion against God, to subjects rebellion against men) is as the sin of Witchcraft, and stubbornness is as iniquity and Idolatry. BECAUSE thou hast rejected the Word of the Lord, he hath also REIECTED THEE FROM BEING KING: I will not return with thee, for thou hast rejected the word of the Lord, and the Lord HATH REIECTED THEE FROM BEING KING over Israel; the Lord HATH RENT THE KINGDOM of Israel FROM THEE this day, and hath given it to a neighbor of thine, that is better then thou. Also the strength of Israel will not lie nor repent, for he is not as men, that he should repent; (to wit, of renting the kingdom from him) though he repented that he had made Saul king over Israel, because he turned back from following him, and performed not his Commandments, 1 Sam. 15. 11. 35. After which God said to Samuel, How long wilt thou mourn for Saul, seeing I have rejected him from Reigning over Israel? Fill thine horn with Oil, and I will send thee to Jesse the Bethlemite, for I have provided me a king among his sons; whereupon he went and annointed David, who succeeded him in the kingdom, Saul's posterity being utterly disinherited for his recited sins.

After this when God settled the kingdom upon David and his seed after him, it was upon condition of obedience, and threatening of corrections even by men, if they transgressed: The Lord telleth thee, that he will make thee an house; and when thy days be fulfilled, and thou shalt sleep with thy fathers, then I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish the Throne of his kingdom for ever; I will be his father, and he shall be my son; If he commit iniquity, I will chastife him with the Rod of men, and with the Stripes of the Children of Men: (that is, I will not chasten him immediately by myself, but by men my instruments, even by Jeroboam, and his own subjects the ten Tribes, or other enemies whom I will raise up against him and his posterity, 1 Kings 11. 9, to 41.) But my mercy shall not depart away from him, as I took it from Saul, whom I put away before thee: And thine house and thy kingdom shall be established forever before thee: yet still upon condition of obedience, as is most apparent by David's speech to king Solomon, 1 Chron. 28. 5, 6, 7, 8, 9. And the Lord hath chosen Solomon my son, to set him upon the throne of the kingdom of the Lord, over all Israel; And he said to me, &c. Moreover, I will establish his kingdom forever, If he continue constant to do my Commandments, and my • udgements, as at this day. Now therefore in the sight of all Israel, the Congregation of the Lord, and in the audience of our God, keep, and seek for all the Commandmens of the Lord your God, that ye may possosse the good land, and leave it for an inheritance for your Children after you forever. And thou Solomon my son, know thou the Lord God of thy father, and serve him with a perfect heart, and with a willing mind; for the Lord searcheth all hearts, and understandeth all the imaginations of the thoughts, If thou seek him, he will be found of thee, but if thou forsake him, he will cast thee off for ever; notwithstanding the former Covenant and establishment, which was but conditional, not absolute, as the renting of the ten Tribes from his son, and the determining of the very kingdom of Judah itself in Zedekiah, (after which it never returned anymore to David's Line) infallibly evidence. Hence we read in the 1 Kings 11. that Solomon's idolatrous wives, turning away his heart from following the Lord, and drawing him to commit idolatry in his old age; hereupon the Lord grew angry with Solomon; Wherefore the Lord said unto him; for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes which I have commanded thee, I will surely rend the Kingdom from thee, and will give it to thy servant; Notwithstanding in thy days I will not do it, for David thy fathers sake; but I will rend it out of the hand of thy son: Howbeit I will not rend away all the kingdom, but will give one Tribe to thy Son, for my servant David's sake, and for Jerusalem's sake which I have chosen. In pursuance whereof the Prophet Ahijah rending Jereboam's garment into 12 pieces, said to Jeroboam, Take thee ten pieces, for thus saith the Lord the God of Israel, Behold, I will rend the kingdom out of the hand of Solomon, and will give ten Tribes to thee; BECAUSE THAT THEY HAVE FORSAKEN ME, and have worshipped the Goddess of the Zidonians, &c. AND HAVE NOT WALKED IN MY WAYES, to do that which is right in mine eyes, to keep my Statuts and my judgments, as did David his Father; howbeit I will not take the whole Kingdom out of his hands; but I will make him Prince all the days of his life, for David my servants sake whom I chose, because he kept my Commandments and my Statutes: But I will take the Kingdom out of his sons hand, and give it unto thee, even ten tribes. And unto his son will I give one tribe, that David my servant may have a light always before me in Jerusalem, the City which I have chosen to put my name there. And I will take thee, and thou shalt reign according to all that thy soul desireth, and shalt be King over Israel. (But what, without any limitation or condition at all think you? No such matter:) And it shall be IF THOU WILT HEARKEN UNTO ALL THAT I COMMAND THEE, and wilt walk in my ways and do that is right in my sight, to keep my Statutes and my Commandments, as David my servant did, that I will be with thee, and build thee a sure house, as I built for David, and will give Israel to thee: And I will for this afflict the seed of David, but not forever. Loe here both Kingdoms of Judah and Israel, are given and entailed on David, Solomon, and Jeroboam only upon condition of good behavior; which not performed, they shall be rent from either: And was this only a vain idle condition, as some deem the Covenants and Coronation oaths of Kings to God and their Kingdoms? Surely no, for we read experimental verifications of them in King Rehoboam; Who answering all the people and Jeroboam when they came to Shechem to make him King, roughly, according to the Counsel of the young men, and threatening to add to their yoke, instead of making it lighter; and hearkening not unto the people, (FOR THE CAVSE WAS FROM THE LORD, that he might perform his saying, which he spake by Abijah the Shilomite unto Jeroboam the son of Nebat;) thereupon, when all Israel saw, that the King hearkened not unto them, the people answered the king, saying; What portion have we in David; neither have we inheritance in the son of • esse; to your tents O Israel; now see to thine own house David; so Israel departed to their tents, stoned Adoram who was over the tribute, whom Rehoboam sent to appease them; Whereupon Rehoboam made speed to get him into his Chariot to flee to Jerusalem: So all Israel fell away from the house of David to this day; and calling Jeroboam unto the congregation, made him King over all Israel: there was none that followed the house of David, but the tribe of Judah only. Upon this revolt, when Rehoboam was come to Jerusalem, he assembled all the House of Judah, with the tribe of Benjamin, an hundred and fourscore thousand chosen men which were Warriers to fight against the house of Israel, to bring the Kingdom again to Rehoboam the son of Solomon: But the Word of God came unto Shemaiah the man of God, saying, speak unto Rehoboam the son of Solomon King of Judah, and unto all the house of Judah and Benjamin, and to the remnant of the people, saying: Thus saith the Lord; Ye shall not go up, nor fight against your brethren the children of Israel: return every man to his house, For this thing is done by me. They hearkened therefore unto the Word of the Lord, and returned to depart, according to the Word of the Lord. Behold here an experimental for feiture of a kingdom, and translation of the major part of it to another family, for Solomon's idolatry, executed by the people through God's appointment; which being fore-threatened in the general by God himself to David, and by David to Solomon in case he transgressed, predicted by way of menace to Solomon and Jeroboam, by God himself and his Prophets after Solomon's transgression, executed by the people by God's special direction and approbation; and thus owned and justified by God in the people's behalf after the execution, when Rehoboam would have made war against them for this revolt, must certainly be acknowledged, not only a just and warrantable action in respect of God himself, but likewise of the people, unless we will make God himself the Author and approver of rebellion. By all which it is apparent, that Solomon and Rehoboam held their Crowns only upon condition from God, the breach whereof might and did forfeit them to the people in some measure: And so did Jeroboam too, hold the kingdom of Israel newly erected by the people after this revolt, upon the conditions of obedience, already mentioned, which being violated by his setting up 2 calves in Dan and Bethel, out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to Jerusalem to worship; this thing became sin to the house of Jeroboam, even to cut it off and destroy it from off the face of the earth, 1 King. 13. 34. For Jeroboam committing idolatry with the Calves, Ahijah the Prophet sent him this sharp message by his wife, 1 K. 14. 7, 8, 9, 10, 11. Go tell Jeroboam, Thus saith the Lord God of Israel, for as much as I exalted thee from among the people, and made thee prince over my people Israel, and rent the Kingdom away from the house of David, and gave it thee, yet thou hast not been as my servant David, who kept my Commandments, and who followed me with all his heart, to do that only which was right in mine eyes, but hast done evil above all that were before thee; for thou hast gone and made thee other gods, and molten images, to provoke me to anger, and hast cast me behind thy back; Therefore behold I will bring evil upon the house of Jeroboam, and will cut off from Jeroboam him that pisseth against the wall, and him that is shut up and left in Israel, and will take away the remnant of the house of Jeroboam, as a man taketh away dung till it be gone: Him that dieth of Jeroboam in the the City shall the dogs eat, and him that dieth in the field shall the fowls of the air eat, for the Lord hath spoken it. Moreover, the Lord shall raise him up a King • ver Israel, who shall cut off the house of Jeroboam in that day. Neither was this an unexcuted commination, for Jeroboam dying, and Nadah his son succeeding him both in his kingdom and idolatry • s, wherewith he made Israel to sin, Baasha (by God's just judgment) conspired against him, slew him, reigned in his stead; and when he reigned he smote all the house of Jeroboam, so that be left not to him any that breathed; according to the saying of the Lord which he spake by his servant Abijah; because of the sins of Jeroboam which he sinned, and which he made Israel sin, by his provocation wherewith he provoked the Lord God of Israel to anger. After which Baasha walking in the ways and sins of Jeroboam notwithstanding this exemplary judgment of God on him and his posterity, the word of the Lord came to Jehu son of Hannani, against Baasha, saying, Forasmuch as I exalted thee out of the dust, and made thee Prince over my people Israel, and thou hast walked in the way of Jeroboam, and hast made my people of Israel to sin, to provoke me to anger with their sins; behold, I will take away the posterity of Baasha, and the posterity of his house, and will make his house like the house of Jeroboam the son of Nebat; him that dieth of Baasha in the City shall the dogs eat, and him that dieth in the field shall the fowls of the Air eat: which judgment was actually executed upon his evil son king Elah, whom Zimri the Captain of his Chariots slew, as he was drinking himself drunk in the house of Arza Steward of his House, and reigned in his stead; and as soon as he sat in his Throne, he slew all the house of Baasha, he left him none that pissed against the wall, neither of his kinsfolks, nor of his friends. Thus did Zimri destroy all the house of Baasha, according to the word of the Lord, which he spake against Baasha, by Jehu the Prophet, for all the sins of Baasha, and the sins of Elah his son, by which they sinned, and by which they made Israel to sin, in provoking the Lord God of Israel to anger with their vanities. King Omri and Ahab his son going on in the sins of Jeroboam, serving Baal to boot, persecuting God's prophets, putting Naboth most injuriously to death for his Vineyard, by Jezebels instigation, and setting himself to work evil in the sight of the Lord, above all that were before him: Hereupon the Prophet Elijah tells him, Thus saith the Lord, Behold, I will bring evil upon thee, and will take away thy posterity, and will cut off from Ahab him that pisseth against the wall, and him that is shut up and left in Israel, and will make thine house like the house of Jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, for the provocation wherewith thou hast provoked me to anger, and made Israel to sin: And of Jezebel also spake the Lord, saying, The Dogs shall eat Jezebel by the wall of Jezreel; him that dieth of Ahab in the City the Dogs shall eat, and him that dieth in the field shall the Fowls of the Air eat. Neither was this a vain threatening, for Ahab being slain at Ramoth Gilead, the dogs licked up his blood in the place where they licked the blood of Naboth; and Jehoram his son succeeding him, both in his Throne and sins, God himself annointed Jehu King over Israel, of purpose to execute this his vengeance against the house of Ahab and Jezebel; who in execution thereof slew both King Jehoram, Ahaziah King of Judah, Jezebel, and all Ahab's sons and posterity, his great men, Nobles, with all the Priests and worshippers of Baal, till he left none of them remaining: For which severe execution of God's Justice, the Lord said unto Jehu, Because thou hast done well in executing that which is right in mine eyes, and hast done unto the house of Ahab according to all that was in mine heart, thy children of the fourth generation, shall sit on the Throne of Israel. Which action of Jehu being thus specially commanded, commended, and remunerated with such a temporell reward by God himself, must questionless be lawful, and no Treason nor Rebellion in Jehu, unless we will charge God to be both the Author, Approver and Rewarder of those sins. After this Jehu walking in the sins of Jeroboam, though God deprived him not for it, yet he stirred up Hazael to spoil and waste his Country, during all his reign, and the reigns of King Jehoahaz his son and Joash his Granchilde, who succeeded him in his idolatries; and Zechariah the last king of Jehu's Race, going in his Ancestors sins, was slain by Shallum, who reigned in his stead. Shallum, Pekahiah, and Pekah three wicked idolatrous kings of Israel, were by God's just judgment, successively slain one of another, and by Hoshea. So that all the Kings of Israel, who violated God's Covenants and conditions annexed to their Crowns, did for the most part lose their lives, Crowns, and underwent the utter extirpation of their posterities, being totally cut off by the sword, neither succeeding their Parents in their Crowns nor inheritances. And though the royal Crown of Judah continned in David's Line till the Captivity of Zedekiah, the last king of his Race; yet when ever they infringed the conditions which God annexed to their Crowns, and turned Idolaters or flagitious persons, God presently (by way of revenge) either brought in foreign enemies upon them, which mastered, conquered them, and sometimes deposed and carried them away Captives, or made them Tributaries, as the examples of King Rehoboam, afflicted by Shishak King of Egypt, for his sins and idolatry, and by Jeroboam all his days, of Ahijam, Jehoram, Alaziah, Joash, Amaziah, Ahaz, Manasseh, Jehoahaz, Jehoiakim, Iehoiachin, and Zed • chiah, (whose Histories, troubles, capti • ities and punishments you may read at large) with others witness: or else caused their own servants, subjects, enemies to rise up against them, to slay them, as is evident by (e) King Ahaziah, Joash; Amaziah, Ammon, and others. All which are unanswerable evidences and experimental demonstrations, that the Kingdoms of Judah and Israel were both held of God upon conditions, and that for the breach of these conditions they might be, and oft times were (by God's Justice on them) both lawfully deprived of their Crowns, and their posterities, disinherited, yea, totally cut off forever; and in conclusion, both these most eminent Kingdoms, for the sins of kings and people, were invaded, destroyed, and both Kings with people carried away captives by their enemies, into foreign Countries, from whence the whole Nation never afterwards returned, nor ever after attained to a king and kingdom of their own: So fatal is it for Kings, or Kingdoms to break those Covenants, Laws, Conditions which God himself hath prescribed them; and so far are any Kings from being exempted from all Laws, and left at liberty to do what they please, that the breach of them proves destructive to them and theirs.

I shall only add to this by way of Corollary, that all the Israelites Rulers, Kings, People did jointly and severally for themselves for the whole Nation in general, and every of them in particular, frequently enter into solemn Vowes and Covenants with God, to serve the Lord, to be and conttnue his people; to seek the Lord God fo their fathers with all their heart, and with all their soul; that whosoever would not seek the Lord God of Israel, should be put to death, whether small or great, whether Man or Woman. (not the King or Queen excepted;) and they sware unto the Lord with a loud voice, and with shouting, and with trumpets, and with Cornets, and all rejoiced at the Oath, for they had sworn with all their hearts. Witness the Covenant made by Joshua and all the people, To serve the Lord; by Samuel, Saul, and all the people at Saul's Coronation, and by king Asa and all his people, To seek the Lord, &c. (who in pursuance thereof removed his mother Maacha from being Queen, because she had made an idol in a Grove, and cut down her idol, and stamped it, and burnt it at the brook Kidron, 2 Chron. 15. 16. of King David, Solomon, and all the people at Solomon's Coronation; between King Jehoash; Jehoiada and all the Congregation at his inauguration, that they should be the Lord's people: in pursuance whereof all the people went to the house of Baal, and brake it down, and brake his altars and images in pieces, and slew Mattan the Priest of Baal before the altars; between Hezekiah and all his subjects and God; between Josiah and all that were present in Jerusalem and Benjamin and Gad, who made a covenant before the Lord, to walk after the Lord, and to keep his Commandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord; in execution whereof Josiah took away all the abominations out of all the Country that pertained to the children of Israel, and made all that were present in Israel to serve the Lord their God, and not to depart from following the Lord God of their Fathers all his days: Together with the like solemn public Covenants made by Ezra, Nehemiah and all the People unto God; which Covenant the Princes, Levites, Priests and all the people sealed, and entered into a Curse and into an Oath to walk in God's Law, and to observe and do all the Commandments, • udgements and Statutes of the Lord, &c. And that God himself expressly commanded them, That if any Prophet or Dreamer of dreams, or thy Brother or son of thy Mother, or thy daughter, or the wife of thy bosom, or thy friend which is as thine own soul, should secretly entice them to commit idolatry, or serve other gods, they should neither consent nor hearken to, nor pity, nor spare, nor conceal him, but shalt surely kill him; thy hand shall be first upon him to put him to death, and after the hand of all the people, and thou shalt stone him with stones, that he die, only for this secret enticement to idolatry: And all Israel shall hear, and fear, and do no more such wickedness as this is. And if they should hear, that the inhabitants of any City were seduced to serve other gods, then they must diligently search and inquire after it; and if it be truth and the thing certain, that such abomination was wrought among them, then they shall surely smite the inhabitants of that City with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof with the edge of the sword; and gather all the spoil of it into the midst of the street thereof, and burn the City with all the spoil thereof every whit for the Lord their God, and it shall be an heap forever, and shall not be built again: In pursuance whereof the ten tribes and a half, assembled to war against the Reubenites, G • dites, and half Tribe of Manasseh, for their supposed idolatrous Altar; and all the children of Israel assembled together as one man, and made war against the men of Gibeah and the Benjamites, for not punishing the gross Rape of the Levites Concubine, destroying the City utterly, and the Tribe of Benjamin too well nigh. And upon this ground, the City of Libnah revolted from under the hand of Jehoram the idolatrous King of Judah, Because he had forsaken the Lord God of his Fathers. And as some learned men conceive the people made a Conspiracie against King Amaziah in Jerusalem, and he fled to Lachish, but they sent after him to Lachish and slew him there;

Fourthly, The Kings of Judah and Israel were no absolute Sovereign Princes paramount their whole Kingdoms, the general Congregation of the people, Senate or Sanhedrin, but inferior to them in power, and not only counseled, but over-ruled usually by them in matters of public concernment: This is evident not only by Josh. 22. 11. to 34. and Judges 20. and 21. where the whole Congregation of Israel, as the Sovereign power, in the days of Joshua and the Judges assembled about the great causes of the Reubenites, Gadites, and half the Tribe of Manasseh, concerning their Alter, and of the Gibeonites and Benjamites, concluding both matters of public war and peace; But likewise by the people's rescuing Jonathan out of the hands and power of King Saul his father, that he died not, though Saul had twice vowed that he should be put to death, 1 Sam. 14. 38. to 36. And the people said unto Saul, Shall Jonathan die who hath wrought this great salvation in Israel? God forbid; as the Lord liveth there shall not one hair of his head fall to the ground, for he hath wrought with God this day: So the people rescued Jonathan that he died not. By the 1 Chron. 13. 1. to 7. where thus we read: And David consulted with the Captains of thousands and hundreds, and with every Leader, and David said unto all the Congregation of Israel, If it seem good unto you, and that it be of the Lord our God, let us send abroad unto our brethren everywhere that are left in all the land of Israel, and with them also to the Priests and Levites which are in their Cities and Suburbs, that they may gather themselves unto us; and let us bring again the Ark of our God to us, for we inquired not at it in the days of Saul. And all the Congregation said, that they would do so, For the thing was right in the eyes of all the people. And David went up and all Israel to Baalah, to bring up thence the Ark of God the Lord. Compared with the 1 Samuel 18. 2, 3, 4. where when David sent out the people to battle against Absalom under three Commaunders, the King said unto the people, I will surely go forth with you myself also: But the people answered, Thou shalt not go forth; for if we flee away, they will not care for us, neither if half of us die will they care for us; but now thou art worth ten thousand of us, therefore now is better that thou succor us out of the City: And the king said unto them, Whatsoever seemeth you good that I will do; and thereupon stayed behind in the City, as they advised him. So he likewise followed Joab's advice, to go forth and sit in the gate, and speak comfortably to the People after his mourning for Absalom's death, else not one of the People would have tarried with him that night, 2 Samuel. 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent; and he so engaged them to him, That all the people were at strife throughout all the Tribes of Israel, to bring the King back again to Gilgal, whence Absalom had chased him. Add to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we find, that after Solomon's death, All Israel came to Shechem to make Rehoboam King; and all the Congregation of Israel spake unto Rehoboam, saying, Thy father made our yoke grievous, now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee. And he said unto them, Depart ye for three days, and then come again; and the people departed. In the mean time he consulted first with the old men, after that with the young men about him, what answer he should return; who giving contrary advice, Jeroboam and all the people coming to him again the third day, the King answered the people roughly, after the counsel of the young men, saying, My Father made your yoke heavy, and I will add to your yoke; My Father chastised you with whips, but I will chastise you with scorpions: So when all the people saw that the King hearkened not to them, the people answered the King, saying, What portion have we in David? neither have we inheritance in the son of Jesse, to your tents ô Israel; now see to thine own house David: So Israel departed to their Tents, and fell away from the house of David unto this day: And all Israel called Jeroboam unto the Congregation, and made him King over all Israel: And the Text expressly adds this memorable observation, Wherefore the King hearkened not unto the people, for the cause was from the Lord, that he might perform his saying, which the Lord spake by Abijah the Shilonite to Jeroboam the son of Nebat. Where we see the Kings not hearkening to the people and congregation of Israel in their just request, and giving them an harsh answer, was a sufficient ground and occasion for them, to cast off his government, and elect another King to reign over them, and that with Divine approbation from God himself: Such was the whole people's and congregations Sovereign power over their Kings. We read in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host, and sent to Ahab king Israel, to resign up all his silver, gold, Wives, Children, and pleasant things into the hand of his servants: Then the king of Israel called all the Elders of the Land, and said, Hark, I pray you, and see how this man seeketh mischief, for he sent unto me for my Wives and for my Children, for my silver, and for my gold, and I denied him not: And all the Elders, and all the people, said unto him, Hearken not unto him, nor consent. Wherefore he said unto the messengers of Benhadad, tell my Lord the King, all that thou didst send for to thy servant at first, I will do, but this thing I may not do. Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and King, who returned no answer to this public case without the congregations public advise. So Hezekiah king of Judah sent to all Israel and Judah, and wrote Letters also to Ephraim and Manasseh, that they should come to the house of the Lord at Jerusalem, to keep the Passover unto the Lord God of Israel; For Hezekiah had taken counsel, and his Princes, and all the Congregation in Jerusalem, to keep the Passover in the second month, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at Jerusalem; and the thing pleased the King And all the Congregation, So they established a Decree, to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passover unto the Lord God of Israel at Jerusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and Judah, &c. verse. 12. Also in Judah the hand of God was to give them one heart to do the Commandment of the King and of the Princes, by the word of the Lord; and verse. 23. And the whole Assembly took Counsel to keep other seven days; and they kept other seven days with gladness; and All the Congregation of Judah and Israel rejoiced: verse. 25. When all this was finished All Israel that were present, went to the Cities of Judah and brake the images in pieces, and cut down the Groves, and threw down the high places and the Altars out of all Judah and Benjamin, in Ephraim also and Manasseh, until they had utterly destroyed them all. Then all the Children of Israel, returned every man to his possession into their own City: In the 2 Chron. 32. 3. When Hezekiah saw that Sennacherib was come, and that he was purposed to fight against Jerusalem; He took Council with his Princes and his mighty men, to stop the waters of the Fountain which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountaines, &c. Add hereunto that notable Text, Jer. 38. 4. to 28. Where when the Prophet Jeremiah had prophesied, that Jerusalem should be given into the hands of the King of Babylon's Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakeneth the hands of the men of War that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedekiah the King said; Behold he is in your hand; For the King is not he that can do any thing against you. And Jer. 26. 8. to 29. Now it came to pass when Jeremiah had made an end of speaking all that the Lord had commanded him to speak unto all the people, that the Priests, the Prophets, and all the people took him, saying; thou shalt surely die, &c. So Ezra 10. 1. to 20. There assembled unto Ezra a very great Congregation of men, &c. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel concerning this thing. Now therefore let us make a Covenant with our God to put away all the strange wives, &c. and let it be don according to the Law: and All Israel said that they would do according to this word. And they made Proclamation throughout Judah and Jerusalem unto all the children of the Captivity, that they should gather themselves unto Jerusalem; and that whosoever would not come within 3. days According to the Council of the Princes and the Elders, all his substance should be forfeited, and himself separated from the Congregation of those that had been carried away: Then all the men of Judah and Benjamin gathered themselves together unto Jerusalem, within three days, and all the people sat in the street of the house of God trembling, • ecause of this matter and for the great rain. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to increase the trespass of Israel; Now therefore make confession unto the Lord God of your fathers, and do his pleasure, and separate yourselves from the people of the Land, and from the strange wives. Then All the Congregation answered and said with a loud voice; As thou hast said, so must we do; but the people are many, and it is a time of much rain, and we are not able to stand without, neither is this a work of one day or two; for we are many that have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the Judges thereof, until the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common business: And Esther 9. 17. to 32. the Jews (upon Mordecai's and Esther's Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their seed, and upon all such as joined themselves unto them, so as it should not fail, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladness, according to their writing, and according to their appointed time every year: And that these days should be kept and remembered throughout every generation, every Family, every Province, and every City, and that these days of Purim should not fail from among the Jews, nor the memorial of them perish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their seed.

From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparent; that the Kings of Judah and Israel were no absolute Sovereign Princes paramount their whole Kingdoms, or the general Senate and Congregation of the people, or their Sanhedrin, but inferior to them in power; and not only counseled but over-ruled usually by them, in all matters of public concernment. A truth so pregnant, that Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Sovereignty the whole people of Israel had over their Kings; And that these Scriptures have persuaded some, and might lead Zwingli to think, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to over-rule their King, in these things which seemed expedient and needful for the public well • fare, else God would not punish the people for their Kings iniquity, which they must suffer and not redress. Hence that eminent lew Josephus (a man best acquainted of any, with his own Nations Antiquities, Laws, and the Prerogatives of their kings) resolves in direct terms; that their King, whosoever he were, ought to attribute more to the Laws, and to God, then to his own wisdom, And to do nothing without the advice of the High Priest and Senate; and that if he multiplied horses, and money more then was fitting They might res • st him, lest he became more potent then was expedient for their affairs. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Jews. Thus the Prophets, who grievously offended, were nowhere else punishable but in this Assembly; which (Quod summae potestatis est) as it is an Argument of The Supremest power) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferendo Imperio del • beraba • t. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum populo est; indictae enim Comitiae sunt, in quibus solis populus partem aliquam caperet regendae reipublicae, &c. De Rege igi • ur deque Bello, ut dixi, decreta facta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expedivere. So that the Sanhedrin and Congregation of the people were the highest Sovereign power, and principal determiners of public matters concerning war and peace, by Cunaeus his resolution: Who debating this weighty controversy, What the Scepter of Judah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Scepter to be nothing else, but the Majesty of the Empire or Government, to wit that, Quae ipsi Reipublicae assidet, which belongs to the Republic it self. Wherefore whose the Republic is, the Scepter ought to be said theirs. Now the Hebrew Republic from Moses his time till the Kingdom of Rehoboam, was not of the Jews (or tribe of Judah) but of the twelve Tribes, from whence it follows, that even the Scepter for all those times was of all the Israelites. Now of this Scepter, which was long common to all the twelve Tribes, the divine Patriarke spake not in that most famous Oracle: for he looked at latter years, and future ages, when as the Tribe of Judah, the people being divided into contrary parts, began to have its Republic apart from the Israelites, which God approved and loved; and would have to be called Jewish, from the Tribe of Judah alone, until he (to wit Christ) should be given to the assemblies of men, to whom not only the Empire of the Jews, but Gentiles also was destinated. And verily this Majesty of the Scepter, from the time it once began to be of the Jews, we say continued to be theirs, although the state of the Commonwealth was sometimes changed, and the sovereignty of the Empire was sometimes in the Elders and High Priests, sometimes in the Kings and Princes. They do too foolishly, who here dance in a narrow compass, and suppose that the honor of this name appertains not but to Kings? For what people soever, useth its own Republic and its Laws, Is recte Gloriari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Scepter. It is recorded, that at Jerusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Council, which they called the Sanhedrin, there hung a Scepter, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Consuls and the Senate managed the Roman Common-wealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not equal, would come into the friendship of the Romans, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it material to our purpose, of what Nation or Tribe they were, who moderated and ruled the Jewish affairs; for although the Hasmonaean L • vites held their Kingdom for many years, yet the Republic was of the Jewish people. That most wise Master Seneca said to Nero Caesar, That the Republic was not the Princes, (or of the Prince) But the Prince the Republics. Neither verily was the opinion of Vlpian the Lawyer otherwise; for he at last • aith, that That is Treason▪ which is committed against the Roman People, or against their safety, l. 1. s. 1. F. ad Legem Iul. Majest. Now Vlpian lived in those times, when the people had neither command nor suffrages left them, but the Emperors held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparent, that not only in the Roman Empire and other Kingdoms, but even among the Jews themselves; the Majesty, and Sovereign Power, and Scepter resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the Jewish Kingdom was not Monarchical (as our Court Doctors falsely dream) but mixed with an Aristocrcie, for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, &c. attributing the Soveraignest power to the Congregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hence Huldericus Zwingli writes expressly, That the Kings of the Jews and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were punished of God; as is evident by Ier. 15. 1. to 6. where they were punished with four judgments and plagues for Manasseh's sins. In sum, if the Jews had not permitted their King to be so wicked without punishment, they • ad not been so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou mayest not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unless they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signify to them the flagitious life of the King, and may tell them, that it is by no means to be endured, that so they may remove him, who have inaugurated him. Here now is the difficulty▪ for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defense of justice, then afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them endure a lustful and insolent Tyrant, expecting extreme punishment together with him; yet the hand of the Lord is stretched out still, and threateneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is removed, Deo fit auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zwingli. Hence Stephanus Junius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestant defensive wars in France to preserve their Religion and Liberties, Anno 1589. determines positively, That as all the people are Superior to the King, so are those Officers of State and Parliaments, who represent them, Superior to Kings collectively considered, though every of them apart be inferior to them. In the Kingdom of Israel, which by the judgment of all Politicians was best instituted, by God, there was this order, The King had not only private Officers who looked to his family, but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonwealth both in time of peace and war, and likewise their Magistrates in every Town, who defended their several Cities, at the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could anything be determined without their advice, which much concerned the commonwealth: Therefore David called these all together when he desired to in vest Solomon in the Kingdom, when he desired the policy restored by him should be examined and approved, when the Ark was to be reduced, &c. And because they represented all the people, all the people are then said to have assembled together. Finally, the same rescued Jonathan, condemned to death by Saul's sentence; from whence it appears▪ that an appeal lay from the King to the people: But from the time the Kingdom was divided, through the pride of Rehoboam, the Synedrin of Jerusalem consisting of 71 men, seems to be of that authority, that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of Judah was President over this assembly, that is, some chief man chosen out of the Tribe of Judah, as even the chief man for the City Jerusalem, was chosen out of the Tribe of Benjamin: This will be made more evident by examples. Jeremiah being sent by God to denounce the overthrow of the City Jerusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiastical judgment or Senate; after this, by all the People, that is, by the ordinary Judges of the City, to wit, by the Captains of thousands and hundreds; at last by the Princes of Judah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that very judgment expressly condemn King Jehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatening like things. Also we read elsewhere, that King Zedekiah, did so much reverence the Authority of this Sanhedrin, that he durst not free the Prophet Jeremiah, thrust by these 71 men into a filthy prison, but likewise 〈◊〉 dared to translate him into the Court of the Prison from thence; yea, when they persuaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in anything; Yea, he fearing lest they should inquire into the conference which he privately had with Jeremiah, as if he were about to render an account of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdom which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chief institutor of all Monarchy: Such were the seven Magi in the Persian Empire, the Ephori in the Spartan Kingdom, and the public Ministers in the Egyptian Kingdom, assigned and associated to the King by the People to that only end, that He should not commit anything against the Laws. Thus, and much more this Author, together with Con. Superantius Vasco, who published this Treatise to all pious and faithful Princes of the Republic, giving large Encomiums of its worth; as also the Author of the Treatise De Iure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De Iure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Laws written concerning the Office of a King, he was to be scourged for it; and that the Sanhedrin had a power above their king in some cases.

Finally, the Kings of Israel and Judah were not superior to, nor exempted from the Laws, but inferior to and obliged by them, as well as Subjects: This is evident, not only by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19. 20. where God himself in the very description of the office and duty of their King, prescribes this in direct terms, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdom, that he shall write him a Copy of This Law in a Book, out of that before the Priestic and Levites: And it shall be with Him, and He shall read therein All the days of his life, that he may learn to fear the Lord his God, To keep all the words of the Law, and these Statutes to do them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandment, to the right hand or to the left: seconded by Josh. 7. 8. This Book of the Law shall not depart out of thy mouth, but thou shalt meditate therein day and night; that thou mayest observe to do according to all that is written therein: turn not to it from the right hand, or to the left, for then thou shalt make thy way prosperous, and then thou shalt have good success. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Book, and laid it up before the Lord: which Book, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19. as Josephus mistakes; but as Petrus Cunaeus and others more rightly observe, the Law of God concerning Kings, prescribed by him, Deut. 17. 14. to the end; and such Laws which commanded Kings to use Justice and equity; to govern the Common-wealth well, for the people's benefit; to abstain from fornication and lusts; to retain modesty in a great fortune, &c. Hence Samuel enjoined both Saul and the People, to fear the Lord, and serve him, and obey his voice, and follow him, and not rebel against his Commandment, &c. 1 Sam. 12. 14, 15. 20. to 25. Hence King David did always meditate in the Law of God, day and night, accounting it more dear unto him then thousands of Gold and silver: And withal pronounceth from God's own mouth; The God's of Israel said, the Rock of Israel spake to me, he that ruleth over men must be just, ruling in the fear of God. Hence the Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel forever, therefore made be thee King (what? to domineer at his pleasure? no verily, but) To do Judgment and Justice. Upon this ground, King Josiah made a covenant before the Lord, to walk after the Lord, And to keep his Commandments, and his testimonies and his statutes with all his heart, and with all his soul; And King Asa, with other Princes and Governors did the like, as the premises evidence: From all which, and infinite other Scriptures, obliging Kings to reign in righteousness, to do justice and judgment to all, and reprehending them exceedingly for their injustice, tyranny, oppressions, idolatries, and other sins; it is irrefragable; that their kings were as much, if not more obliged to keep both God's and the kingdoms Laws, as the Subjects; and had no arbitrary power to do what they pleased.

All that is, or can be colourably objected to the contrary, to prove the kings of Israel absolute Monarchs, exempt from Laws, and paramount their Sanhedrin or people collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sins of Adultery and Murder to God, useth this expression; Against thee, Thee only have I sinned, and done this evil in thy sight: Of which Jerome renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ipse legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate, Homini ergo non peccavit, cui non tenebatur obnoxius Arnobius & Cassidor, add, De populo si quis erraverit, & Deo peccat & Regis quando Rex delinquit, soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia solus erat qui ejus potuisset admissa discutere. The like we find in Isiodor. Epist. 383. which some Jewish Rabbins back with this saying of Barnachmon, titulo de Iudicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the Jewish kings were above all Laws, and not subject to the censures of their Congregations, States, or Sanhedrin.

To this I answer first, That no doubt, David by his adultery and murder (being sins against the second Table) did sin not only against God, but against Uriah and his wife too, their children and kindred; yea against his own soul and body, though he were a king; That of Iustus Eccardus, De Lege Regia, being an itrefragable truth, granted by all Lawyers and Divines whatsoever, that the absolutest Emperors, Monarchs, Kings, that be, are subject to the Laws of God, of Nature, of Nations, and cannot justly do anything against them to the hurt of piety, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recompense to his Subjects against whom he sinneth in this nature, as David himself determines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against Uriah God threatens, that the sword should never depart from David's house; that he would raise up evil against him out of his own house, that he would take his wives before his eyes and give them unto his Neighbor, who should lie with them in the sight of the Sun, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalom his son, 2 Sam. 16. 22. The gloss therefore of these Fathers, that David was exempt from all Laws being a King, and that he could not sin against a Subject, is point-blank against the History, and Text it self; and manifested to be apparently false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thee only have I sinned, and done this evil in thy sight, as Augustine and others truly observe was: 1. Because David had plotted and contrived the murder of Uriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed manifestum non erat, writes Augustine: 2. Because Uriah being slain, and his wife a party consenting to David's sin, his sin now might in this sense be said, to be against God alone. 3. sin, quatenus sin, and as it deserves eternal punishment, is properly committed against none but God, whose Law and prohibition only makes it sin; therefore in this regard, David now confessing his sin to God himself, useth this expression and rhetorical ingemination, Against thee, thee only have I sinned. 4. Because none was free from sin, and so sit to be his Judge in that respect but God only. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the only man; such a salve or medicine, is the only remedy; and the Scripture useth this phrase in this sense in David's own ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from anything that he commanded him all the days of his life, save ONELY in the matter of Uriah, that is principally, for he committed divers sins besides, as in numbering the people, in giving Mephibosheth’s land to Ziba upon a false suggestion, himself confessing that his iniquities were gone over his head, and his sins more then the hairs of his head: but yet this was his ONLY, to wit, his principal sin: so in divers others Texts, only is used for principally; as Josh. 1. 7. 18. Only be thou strong; 1 Sam. 18. 17. Only be thou valiant: So here, against thee, thee only have I sinned; that is, I have principally sinned against thee alone, not excluding his sin against himself, Uriah, and others, whom he injured thereby. 6. This sin against Uriah was but a personal and private injury, into which David fell out of human frailty, it was the first and only sin of this kind that ever he committed, for ought we read; he made no trade of it, he repented for it, and never relapsed again into it: in this regard therefore these Fathers interpretations may be Orthodox, that for such a private sin of infirmity only, David was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murthering his subjects, ravishing their wives, and the like; or giving himself over to the open practice of gross Idolatry, (a sin only against God himself) and not repented of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the privilege of his regalitie, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporal or eternal: not from the eternal, which is the greatest, that is certain, therefore not from the temporal, which is the less. Finally, God himself threatens, that If Solomon or any Kings of David's Seed should forsake his Law, and not keep his Commandments, but commit ini ••• ity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence the Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonor, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this gloss of these Fathers, true only in some sense in private cases, and sins of infirmity against private men, not of public habitual transgressions.

The second Objection, is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19. This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, &c. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Uineyards, and give to his servants: And he will take your manservants, your maidservants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall cry out in that day, because of the King whom ye have chosen you, and the Lord will not hear you in that day. Therefore their Kings were absolute Monarchs, not bound to Laws, nor responsible to their subjects for their oppressions, nor yet resistible by them.

To which I answer, that this is a direct description of a Tyrant, and not of a lawful King; as is evident,

First, by the very occasion of the words; Uttered purposely by Samuel to dissuade the People from electing a King, & changing their former Aristocratical Government, into a Monarchical; because their kings would many of them prove more oppressive, Tyrannicall and burthensome to them then their Judges or his sons were, whose bribery and perverting of judgment, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses; Josephus, and the consent of all Expositors.

Secondly, by the introduction to, and the words themselves, This will be the manner of the King that shall reign over you, He will take, and he will do thus and thus; not this ought to be the manner, he ought to do, or lawfully may do thus and thus.

Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expressly enjoying Kings to judge their people righteously, to do justice and judgment, and not any ways to oppress or spoil them. I shall instance only in two particulars.

First, the law of God expressly prohibits all men (and Kings as well as others) to covet their neighbors House, his menservants, his maidservants, his Ox, or his Ass, or anything that is his Neighbors: If their Kings then might not lawfully so much as desire or covet, much less might they lawfully take away their Houses, Sons, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or anything else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need, be only a declaration of what their Kings would Tyrannically do, not of what they might lawfully or justly execute.

Secondly, it is God's express Edict, Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression, to thrust them out of their possessions, but he shall give his Sons inheritance out of his own possession, that my people be not scattered everyone from his possession. And Ezek 45. 8, 9. The Land shall be the Princes possession in Israel, and my Princes shall no more oppress my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoil, and execute judgment and justice; take away your exactions (or expulsions) from my people, saith the Lord. Whence Ahab King of Israel for coveting, and unjustly depriving Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking possession thereof after his unjust condemnation, had a most severe judgment denounced against him, even the utter extirpation of himself, Q. Jezebel, and their posterity, afterwards executed: Which punishment God would never have inflicted on them, had it been lawful for the Kings of Israel to take the people's Fields, Vineyards, Oliveyards, &c. and possess or give them to their servants, as Samuel here tells them their Kings will do: This clause then of taking their Fields, Vineyards, &c. from them, by the King, without their consents, being thus diametrally contrary to these Texts of Ezekiel, and such a capital Crime in King Ahab, (yea, contrary to the practice of Joseph, and the Egyptian Heathen King Pharaoh, who took not away, but bought the Egyptians Cattle and Lands for Corn, Gen. 47. 14. to 27.) can no ways be warranted as a just royal prerogative lawful for their Kings to use, but must needs be branded for a Tyrannicall Oppression.

Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not subject • ;) And ye shall cry in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would nor ought to cry to god against the proceedings of a just upright King, but only of a Tyrant and Oppressor; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings always be.

Fifthly, consult we with all Politicians whatsoever, this description suites only with a Tyrant not with any lawful King: and that it is meant of such a one, we have the testimony of Josephus, the general concurring suffrage of all Commentators and Expositors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brenz, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Peter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate, the English Bibles notes, with others) and of sundry who descant on this Text in other writings; by name, of M. John Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Political Government. p. 44. Junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iud • ic. p. 53. Shickardus jus Regium Iudae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucanus de jure Regni apud Scotos, p. 44. Dole-man, p. 68 70. Haenon. disp polit. p 432. Weems 2 Uol. 2. Part. p. 14. Hotomani, Franco. Gaul, c. 10. Ames de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where he writes, That Samuel here tells the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, &c. This Text then being clearly meant of their Kings Oppression, violence, injustice against Law, right, and a clear description of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites and Jews themselves, their Kings were subject to the Laws, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Sovereign power, and Paramount their Kings themselves, whom they did thus freely elect, constitute, and might in some cases justly censure, resist, depose, (if not put to death) by common consent, for notorious gross Idolatries and public multiplied crimes, as the forecited authors aver. All which considered, eternally refutes, subverts, confounds the erroneous false Positions and Paradoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Author of The necessity of Subjection, with other late ignorant Pamphletters, have broached to the contrary, without either ground or presidents to warrant what they affirm, touching the absolute Sovereignty, Monarchy, irresistibilitie, incorrigibility of the Kings of Judah and Israel by their whole States, Congregations, Kingdoms general assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Sovereign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes, bent to subvert Religion, Laws, Liberties, the Republic, are founded; which must now needs vanish into nothing, before this Catholic, irrefragable clear-shining verity, abundantly ratified by innumerable presidents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will infinitely over-sway, swallow up the inconsiderable contrary opinions of some few privadoes, who (either out of flattery, hopes of getting, or keeping undemerited preferments, fear of displeasing greatness, or inconsiderates following of other reputed learned men's mistakes, without due examination of their erroneous Tenants) have engaged themselves in a Polemicall blind Combat against these infragable transparent Verities; whose defense I have here made good against all their misprisions, and bootless assaults.

Having now Historically ran over the most eminent Empires, Kingdoms of ancient and present times, in a kind of confused method; their copious vastness and variety being so boundless, and my time to collect them so small, that I could hardly marshall them into any comely distinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be aptly, reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing some new punctual Authorities of note, to ratify and confirm them.

First, it is undeniably evident from all the premises, That all Monarchies, Empires, Kingdoms, Emperors, Kings, Princes in the world, were originally created, instituted, ordained, continued, limited, and received all their jurisdiction, power, Authority both from, by, and for the people, whose Creatures, Ministers, Servants they are, and ought to be. If we survey all the several Lawfull Monarchies, Empires, Principalities, Emperors, and Kings, that either have been, or yet are extant in the world; we find all sacred and profane Histories concur in this, that they had their original erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Monarchies were conferred, (by the people's free election only) yet extant on record in most Histories, and withal express relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two kingdoms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Politicians concurring, resolving with Peter, that Kings are human Creatures or Ordinances, instituted, diversified thus by men, and the people alone, out of God's general or special providence, not one of them all being immediately or directly ordained by God, as the only efficient cause, without the free concurrence, consent and institution of the people. This truth, is not only ratified by Lex Regia, whereby the Roman Emperors were created, yea, invested with all their power; registered by Iustus Eccardus de Lege Regia, & Marius Salamonius de Principatu, l. 6. formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybius, Cicero, Livy, Justin, Pliny, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodorus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gaul, c. 1. 6. 10, 13. the Author of De Iure Magistratus insubditos, Quaest. 5. p. 239. 240, &c. Thomas Garzonius Emporij Emporiorum, Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers. Illustrium, 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius, Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Jure Belli, l. 1. c. 4. sect. 7. l. 2. c. 14. sect. 11. and elsewhere: Marius Salamonius de Principatu; Eccardus de lege Regia, with others cited by them: Hookers Ecclesiastical Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de Iure Belli, l. 3. c. 10. 15. Johannes Mariana de Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & Junius Brutus, Vindiciae contra Tyrannos, Quaest. 3. p. 83. to 94. with whose words I shall close up this observation, (having elle where particularly proved the verity thereof, and answered all Objections against it from misinterpreted Scriptures:)

Secondly, that it is apparent by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdom, with the Parliaments, Senates, States, Diets, public Officers and general Assemblies which represent them, are the Supreamest Sovereign power, superior to the Emperors, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Sovereign Lord's or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and professedly maintained by Marins Salamonius, de Principatu, in six several Books; by John Mariana, de Rege & Regis Instit. l. 1. c. 8. Stephanus Junius Brutus, his Vindiciae contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De Iure Magistratus in Subditos, throughout: Iustus Eccardus, de Lege Regia: Henricus Ranzovius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus (an eminent Civil Lawyer) Disputationes Iuridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves, The inferior Magistrates, as in Germany the Electors, Princes, Earls, Imperial Cities; in France the Peers of France, in Poland the Vayuodes or Palatines, and in other Kingdoms the Nobles, Senators, and Delegates of the Estates, as they are severally inferior to the Emperor or King, Ita Vniverst Superiores existunt, so collectively They are superior to them; as a General Council is above the Pope, the Chapter above the Bishop, the University above the Chancellor; The Prince, saith Pliny the second, even the greatest, is obliged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is less then the Republic or Kingdom it self:) by Franciscus Hotomanus a learned French Lawyer, in his Franco-Gaul, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctoritate Principum in populum, &c. and De Iure Majestatis, Sebastianus Foxius, De Regni Regisque Institution; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. 1. 399. n. 6. Haenon Disp. Polit. p. 179. &c. Alhusius Polit. c. 4. p. 146. to 154. with John Calvin Instit. l. 4. c. 20. sect. 31. and divers others forecited: Hear Junius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and ingeniously, in these words:

Thirdly, it is abundantly manifest from all the premises; That Kings and Emperors always have been, are, and ought to be subject to the Laws and Customs of their Kingdoms, not above them, to violate, break, or alter them at their pleasures, they being obliged by their very Coronation Oaths in all ages and Kingdoms inviolably to observe them. This verily is confessed by K. James, by our K. Charles himself in his late Declarations to all his Subjects; resolved by Bracton Fleta, Fortescue, our Common and Statute Laws forecited; by the Year Book of 19. H. 6. 63. a. where Fray saith, That the Parliament is the highest Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himself and all his Subjects are ruled; and if the Law were not, there could be no King nor inheritance; This is proved by Stephen Gardener Bp. of Winchester in his Letter to the Lord Protector; where he writes, That when he was Ambassador in the Emperors Court he was fain there, and with the Emperors Ambassador to defend and maintain, by Commandment in a case of Jewels, That the Kings of this Realm were not above the Order of their Laws, and therefore the Jeweller although he had the kings Bill signed, yet it would not be allowed in the Kings Court, because it was not obtained according to the Law; and generally granted by all our own English Writers, is copiously asserted, and professedly averred by Aristotle, Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii. in six special Books to this purpose, by Justus Eccardus de Lege Regia, Thomas Garzonius Emporii, Emporiorum, Pars 1. Discursus 1. de Dominiis sect. 6. p. 9, 10. Joannis Carnotensis Episc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Dispute. Polit. p. 428. to 442. Fenestella de Magistratu, p. 149. Ioannis Mariana de Rege & Regis Instit. l. 1. c 9. (an excellent discourse to this purpose) Petrus Rebuffus, Praefat. ad Rubr. de Collationibus, p. 583, 584. Sebastianus Foxius de Rege, &c. part. 1. p. 108, 109 part. 2. 192 &c. Buckanon de Iure Regni apud Scotos passim, Junius Brutus Vindiciae contra Tyrannos, quaest. 3. p. 116. to 139. (an accurate discouse to this effect) Grimalius de Optimo Senatore, p. 33. 201, 205. Vasquius contr. Illustr. 16. n. 15. 19. 21. 17. n. 1. • 3. 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elsewhere. De Iure Magistratus in subditos, passim, Polanus, in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Francis. Hotomani, Franco Gaul. c. 6. to the end of Cap. 20. Sparsim, Governado Christiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Belli, l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere throughout his second Book, with infinite others of all sorts: This all good Emperors and Kings in all ages have professed, as these Authors prove. Thus the good Emperor Trajan practiced and professed; That the Prince was not above the Laws; Hence Apollonius Thyanaeus writing to the Emperor Domitian, saith, These things have I spoken concerning Laws, which if thou shalt not think to reignover thee, then thyself shalt not reign: Hence Autiochus the third, King of Asia is commended, that he writ to all the Cities of his Kingdom, if there should be anything in his Letters he should write, which should seem contrary to the Laws, they should not obey them. And Anastatius the Emperor made this wholesome sanction, admonishing all the Judges of his whole Republic, that they should suffer no Rescript no pragmatical sanction, no sacred adnotation which should seem repugnant to the general all Law or the public profit, to be produced in the pleading of any suite or controversy; enough eternally to shame and silence those flattering Courtiers, Lawyers, Divines, who dare impudently, yea, impiously suggest the contrary into Princes Ears, to excite them to Tyrannize and oppress their subjects against their express Oaths (inviolably to observe and keep the Laws) their Duties, the very Laws of God and man; of which more in the seventh and eight Observation.

Fourthly, That Kings and Emperors can neither anull nor change the Laws of their Realms, nor yet impose any new Laws, Taxes or Impositions on them, without the consent of their People, and Parliaments: This I have largely manifested in the first Part of this Discourse, and the premised Histories, with the Authors here quoted in the three precedent Observations, attest and prove it fully; for if the whole Kingdom, Parliament, and Laws themselves be above the King or Emperor, and they receive their Sovereign Authority from the People, as their public servants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impose new Laws or Taxes to bind the whole Kingdom, people, without their assents, they being the Sovereign Power. This point being so clear in itself, so plentifully proved in the premises, I shall only add this passage out of Junius Brutus, to ratify it;

Fifthly, that all public great Officers, Judges, Magistrates, and Ministers of all Realms, are more the Officers and Ministers of the Kingdom, than the Kings, and anciently were, and now ought to be of right elected only by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by Junius Brutus Vindiciae contr. Tyrannos, qu. 1, 2, • . De Jure Magistratus in Subditos, qu. 5, 6, 7, 8, 9. with others, the Histories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14.

6. That Kings and Emperors have no absolute power over the lives, liberties, goods, estates of their subjects to dispose of them, murder, imprison, or strip them of their possessions at their pleasure; but ought to proceed against them in case of Delinquency according to the known Laws and Statutes of their Realms: This truth is abundantly evidenced by all the premises; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by resolution of the Judges in Henry 8. his reign, Brook. Corone 29. That it is Felony to slay a man in justing, and the like, notwithstanding it be done By command of the King, for the command is against the Law; and of Judge Fortescue, 19. H. 6. 63. That if the King grant to me, that if I kill such a man, I shall not be impeached for it, this grant is void and against Law. By Junius Brutus, Vindiciae contra Tyrannos, Quast. 3. p. 136, to 137. and the Treatise De Jure Magistratus in subditos in sundry places, where this undeniable verity is largely proved, confirmed, and by others forecited.

Seventhly, That Emperors, Kings, Princes are not the true Proprietory Lord's or Owners of the Lands, Revenues, Forts, Castles, Shipps, Jewels, Ammunition, Treasure of their Empires, Kingdoms, to alienate or dispose of them at their pleasures; But only the Guardians, Trustees, Stewards, or Supervisors of them for their Kingdoms use and benefit, from whom they cannot alien them, nor may without their consents or privities lawfully dispose of them or any of them, to the public prjudice; which if they do their grants are void and revocable. This proposition formerly ratified by many reasons, authorities, & sundry Historical Passages in this Appendix, is not only evident by the Metropolitans usual speech to all elected Kings, (prescribed by the Roman Pontifical, ratified by the Bull of Pope Clement the eight, where the Metropolitan, when any King is presented to him to be Crowned, first demands of the Bishops, who present him; Do you know him to be worthy of and profitable to this dignity? to which they answer, We know and believe him to be worthy and profitable to the Church of God, and for the Government of this Realm: After which the Metropolitan among other things, useth this Speech unto him, Thou shalt undeniably administer Justice, without which no society can continue towards all men, by rendering rewards to the good, punishment to the evil, &c. and shalt so carry thyself that thou mayest be seen to reign not to thine own, but to all she people's profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately professeth with a solemn Oath, to perform to the uttermost of his power and knowledge;) but likewise professedly maintained by Iustus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de Iure Belli, & Pacis, l. 1. c. 4 sect. 10. Lib 2. c. 13. 14. Hotomani Franco-Gaul, c. 6. 10. 14. Ruibingius, l. 2. Class. 11. c. 8. n. 26. Ioannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de Iure Belli, l. 3. c. 15. Cuiacius, c 33. de Iure Iurando, Decius, Cons. 564. 689. Cephalus, Council. 618. Alciatus, l. 3. de v. s. l. 15. C. de pact. Baldus Proaem. Digest. and by Junius Brutus Vindicia contra Tyrannos, qu. 3. p. 136. to 256. who handles this question professedly, Whether that the King be the proprietory Lord of the public Royal Patrimany of his Kingdom, or the Vsufractuary of it? determining clearly that he is not. I shall transcribe the most of his Dicourse;

Eighthly, That Emperors and Kings are most solemnly obliged by a Covenant and Oath, usually made to, and before all the people at their Coronations, to preserve their people's laws, liberties, lives, estates; by breach whereof in a willful excessive manner, they become perjured Tyrants, and the people and Magistrates are in some sort thereby absolved from their Allegiance, and all obedience to them.

This is evidently and plentifully confirmed by the forecited Coronation Oaths, and Covenants of our own English Kings to their subjects, by De Jure Magistratus in Subditos, quaest. 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honor, lib. 2. c. 11. 24. Francisci Hotomani Franco-gallia, cap. 6. 10. &c. Hugo Grotius de Jure Belli & Pacis, l. 2. c. 13. 14. Pontificale Romanum, Romae 1611. fol. 162, 163. Descripti • Coronationis Maximiliani Imperatoris, Anno 1486. inter reruns German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur. Bochellus decreta Ecclesiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. John Seldens Titles of Honor, part. 1. ch. 8. sect. 5. p. 198. 214. 225. 226. (where the Coronation, Oaths of the Emperor, French King, of all the Northern Kings, and of most Elective and Successive Kings and Queens to their Subjects, are at large recorded:) Alhusius Polit. c. 4. Justus Eccardus de Lege Regia; Thomas Aquinas de Reg. Principis, c. 6. & 2. qu. 2 • . 12. art. 2. John Ponet Bishop of Winchester in his Political Government. Arnisaeus de Authoritate Principum, p. 50. to 123. Sparsim. Vasquius contro. Illustr. passim. Ioannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9. Georg. Buchanon de Iure Regni apud Scotos. Simancha Pacensis de Catholica. Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6 Huldericus Zwingli; Explan. Artic. 40. 41. 42. And, to omit all others, Junius Brutus in his Vindiciae contra Tyrannos, quaest. 3. p. 156. to 167. with whose words I shall fortify and irradiate this position:

Tum manum apponat Libro & librum osculetur)

Ninthly, it is evident from the premises; That if Emperors and Kings shall degenerate into Tyrants, violate their Oaths and Covenants made unto the people, invade their Laws, Liberties, persons with armed violence, and instead of protecting, make war upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Arms, both in point of Law & conscience & are obliged under pain of treachery and perfidiousness to their Country, thus to resist; and in cases of incorrigibility for the public weal, and preservation, may justly if they see it necessary, depose them from their Royal Dignities as Enemies, or Traitors to their Kingdoms and people. The reason is, Because no Kingdom or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperor or King whatsoever (for ought can be proved or imagined) but upon this tacit condition; that they should justly govern, defend and protect them for their good, not tyrranize over, pillage, murder, oppress, or make war upon them at their pleasures, contrary to the Laws of God, nature, nations; Nor yet actually obliged themselves under pain of Treason, Rebellion, death, or damnation, not forcilly to reobsist or deprive their Princes in any wise, though they with open violence should set themselves to subvert their Religion, Laws, Liberties, and Republic; to which unreasonable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seems a seditious unchristian Paradox to many Malignants and Royalists, I shall ratify it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate willful error.

My first Authority of this kind, is that passage of Sozomon (an ancient Ecclesiastical Historian) Eccles. Hist. l. 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of Julian the Emperor (who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be slain by a Christian Soldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; He seems to say, that the slayer of Julian the transgressor was a Christian, which peradventure was true; Neither is it incredible, that someone of the Soldiers who marched under his colors, had considered these things thus in his mind: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergo the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily he CANNOT WELL BE REPREHENDED BY ANY MAN, especially since he should show himself so valiant and sirenuous FOR GOD AND that RELIGION which he did approve, &c. However it is certain that he was taken away by God's divine judgment. Nicepherus adds, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLESANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MVRTHER, INSTVTED A PVBLIKE TRIVMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though to no purpose, as I have elsewhere manifested) held it not only lawful for them to resist, but even in some cases to slay a persecuting Apostatized Tyrant, bent • o subvert Religion, Laws, Liberties; as may be further evidenced by Constantine the great his aiding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Arms, with which he Conquered these Persecutors in sundry open battles fought against them, at the Christians earnest importunity.

To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannical Princes who oppress and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience be forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republic and Religion, be justly deposed, and put to death; yea, as some of them add, even murdered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (dedicated to the King of Cyprus) cha 6. determines thus, If it belong to the multitude to provide themselves of a King, the King made by them, may not unjustly be removed, destroyed, or his power restrained, if he abuse the power of the Realm tyrannically; Neither is such a multitude to be esteemed, TO DEALE DISLOYALLY IN DEPOSING A TYRANT ALTHOVGH THEY HAD PERPETUALLY SUBIECTED THEMSELVS TO HIM BEFORE, BECAUSE HIMSELFE HATH DESERVED IT, in not carrying himself faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirms, 2 Distinct. Art. 44. qu. 2. 2. 5 ^m . 1. 2 ^ae . Dist. 44. qu. 2. 2. 5 ^m . 1. 2 ^ae . qu. 79. 4. 3 ^m . 22 ^ae . qu. 12. art. 2. & qu. 42. 2. 3 ^m . Opusc. 10. l. 4. c ^o . 1. That in every Country, Cities are governed politikely; the power of Kings and Emperors being circumscribed by the Laws and people, That a Tyrannicall Prince, if he invade his Subjects, may lawfully beresisted and slain even of private persons in their own necessary defense, and in reference to the public safety; but much more by the Nobles and people's general consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unless it be done by private persons, or so disorderly, that a greater detriment should ensue, BVT IT IS THE TYRANT RATHER WHO IS SEDITIOVS. The same Doctrine is taught by Dominicus Soto, de Iustitia. l. 5. quaest. 1. art. 3. Ludovicus Molina Tom. 4. De Iustitia & Iure Tract. 3. disp 6. to 20. Dominicus Banns, 2 ^a . 2 ^ae . quaest. 64. Art. 3. Dub. 2. Petrus de Aragon. 2. 2 ^ae vu. 64. art. 3. Explicatio. art. p. 248. Michael Bartholomaeus Salon, de Iustitia & Iure in 2. 2 ^ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2 ^ae D. Thomae quaest. 40. art. 3. sect. 3. throughout, specially Dispute. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De Iure Belli. n. 9. 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defensione fidei l. 3. cha. 3. & l. 6. chap. 4. throughout▪ specially, num. 5. 6. 13. 14. 15. 16. John Gerson de Auferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully be bound, imprisoned, and put to death for his offenses, (though the head of the Church as Papists hold, as well as Kings the head of their Realms.) Dionysius Cathusianus de Regim. Polit. Artic. 19. Franciscus Tollet, in summa, l. 5. c. 6. Leonardus Lessius de Iustit. & Iure, c. 9. dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Immanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. Johannes Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. n. 11. p. 98. tit. 45. n. 25. p. 209. Gregory de Valencia, Tom 3. p. 444. Cardinal Bellarmine, de Pontif. Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. adverse. Gul. Barcl. p. 97. Iac. Gretzerus Pharetra Tertulliana, & Vespertilio Haeritico-Politicus, Ludovicus Richehom. Expostulatio Aplogetica pro Societate Iesiu. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglicana de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Collyrium Regium. Valentine Jacob. An. 1524. and John Tanquerel. Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinal of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to murder Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the Jesuit, Amphith p. 101. Barclay l. 3. adverse. Monarch. c. 8. l. 6. c. 23. & 24. erarius in c. 3. Iudicum. Hieronymus Blanca Rerum Aragonens. Commentarius, passim. Cajetan: upon Aquinas his forecited Summes. the Doctors of Salamancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defense of the Way, c. 6. p. 16. Governado Christiano. p. 43. Antonius Massa Tract. contra Duel. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19. 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisa us de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gaul, c. 6. 7. 10 13. 15. 18. 19. &c. To which I might add our English Priests and Jesuits, as Doctor Nicholas Saunders, Visib. Monarch. p. 70, 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all professedly averring Aquinas his Doctrine, and the premisses, yea, far exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliaments, Nobles, Peers, or Peoples assent, to depose, adjudge Haereticall or tyrannical Kings to death, and devote them to assassination, which all Protestants unanimously disclaim. But we need not fish in these unwholesome Romish Streams of Tiber, or make use of these Popish Champions, whom I have only named, to stop the mouths of all Papists, Priests, Jesuits, who now much exclaim against the Parliaments present defensive War, condemning all for Rebels and Traitors who assist the Parliament against their invading traitorous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the original contrivers, fomenters, the principal abettors of the present bloody, destructive, civil Wars in both our Realms. 〈…〉 which most confirms me in this belief, is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here, and his Jesuited Popish Confederates, to undermine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to engage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poison him with a Indian poisoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may read at large in Rome's Masterpeece, to which I shall refer you for fuller satisfaction, from one of the chief Conspirators own Confession. But passing by all these, I shall proceed to Authorities of Lawyers and Divines, professing the Protestant Religion. Georgius Obrectus, a public Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Princ • piis Belli, lays down these several Positions for Law, Num. 125. to 139.

I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. & 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De Iure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de Iure Belli & pacis, lib. 1. c. 4. sect. 7 to the end. p. 87. &c. Albericus Gentilis de Iure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9. 22. p. 546. 686. with others. But since Junius Brutus compriseth the quintessence of all the rest, I shall trouble you only with his Discourse. Vindiciae C • ntr. Tyrannos, Quaest. 3. p. 177. to 106. To pass by his Discourse concerning the resisting of Tyrants, who usurp a Dominion without any Title, whom every man may justly resist and suppress, and are bound in duty so to do, as he there proves at large; I shall only transcribe what concerns them who have a lawful Title.