The soveraigne povver of parliaments and kingdomes divided into foure parts· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...

PROVING 1^st.

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

HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments procee∣dings;* 1.1 I come now in order (in point of time and sequell) to the 5^th Grand Objection of the King, Royalists, and Papists against the Parliament. To wit:* 1.2 That they have traiterously taken up Armes, and levied warre against the King himselfe in his Kingdome; and would have taken away his life at Keinton battell, which is no lesse than Rebellion and High Treason, by the Statute of 25. E. 3. c. 2. with other obsolete Acts; and by the Common Law. Which Objection, though last in time, is yet of greatest weight and difficulty, now most cryed up and insisted on, of all the rest, in many of his Majesties late Proclamations, Declarations, and in Anti-Parliamentary Pamphlets.

To give a punctuall Answere* 1.3 to this capitall Complaint, not out of any desire to fo∣ment, but cease this most unnaturall bloody warre, which threatens utter desolation to us if proceeded in, or not determined with a just, honourable, secure, lasting peace; now lately rejected by his Majesties party. I say,

First, that it is apparent to all the world, who are not willfully or maliciously blin∣ded; [ 1] That this Majesty first began this warre, not onely by his endeavors to bring up the Northerne Army to force the Parliament, confessed by the flight, l••tters, examinati∣ons of those who were chiefe Actors in it; but by raising sundry forces under colour of a guard before the Parliament levied any.

Secondly, that thea 1.4 Parliament in raising their forces had no intention at all to offer [ 2] the least violence to his Majesties person, Crowne, dignity, nor to draw any English blood; but onely to defend themselves and the Kingdome against his Majesties Ma∣lignant invasive plundring Forces, to rescue his Majestie out of the hands, the power of those ill Councellers and Malignants who withdrew him from his Parliament, to bring him backe with honour, peace, safety, to his great Councell; (their Generall

and Army Marching with a Petition to this purpose,) and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses, contrary to Order, Law, the Priviledges of Parliament, their owne Protestation taken in both Houses, sheltring themselves, under the power of his Majesties presence and Forces, from the justice of the Houses, and apprehension of their Officers, contrary to all pre∣sidents in former ages, in High affront of the priviledges, honour, power of the Par∣liament, and* 1.5 Fundamentall knowne Lawe of the Realme: Since which time, his Majestie having (contrary to his former Proclamations and frequent Printed solemne Declarations) entertained, not onely divers Irish Popish Rebels, but likewise English and Outlandish Papists in his Army, and given Commissions to sundry* 1.6 Arch-Popish Recu∣sants, to A••me themselves, and raise Forces against the Parliament, and Kingdom, now in the field in all the Northerne parts, Wales, and other places, (and that under the Popes owne consecrated Banner as many report) in defiance of our Protestant Religion, (designed by the Popish Party both at home and abroad, to no lesse then utter extirpa∣tion in England, as well as in Ireland, if not in Scotland too, (as some of them openly professe;) the Parliament are hereupon necessitated to augment and recrute their for∣ces; as for the precedent ends at first, so now more especially, for the necessary defence of the Protestant Religion established among us by law; against which they (and all others who are not wilfully blinded) visibly discerne a most apparant desperate conspiracie; which though not cleerely perceived, but onely justly suspected at first, doth now appeare (all circumstances and agents considered) to be the very Embrio and primitive cause of this deplorable warre; ag••inst which the Parliament and sub∣jects are now more necessitated and engaged to defend themselves then ever, seeing they have by all possible meanes endeavored to prevent this warre at first, and since to accommodate it, though in vaine, upon just, reasonable, and honorable safe termes for King and Kingdome. The sole Question then in this case thus truely stated will be.

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

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

First, I haveb 1.7 already proved in Judgement of Law, the Parliament and King∣dome assembled in it, to be the Soveraigne power, and of greater authority then the King, who is but their publike Minister in point of civill Iustice, and Generall in matters of warre, as the Roman Kings and Emperours were, and other forraigne

Kings of old and at this day are. The Parliament then being the highest power, and having principall right and authority to denounce, conclude and proclaime warre, (as I have manifested in the debate of the Militia,) may not onely lawfully resist, but op∣pugne, suppresse all Forces raised against it, and the Kingdomes peace or welfare.

Secondly, the principall end of the Kingdomes, originall erecting Parliaments, and in∣vesting them with supreame power at first, was, to defend not onely with good Lawes and Councell, but when absolute necessitie requires (as now it doth,) with open force of Armes; the Subjects Liberties, Persons, Estates, Religion, Lawes, Lives, Rights, from the encroachments and violence of their Kings, and to keepe Kings within due bounds of Law and Iustice; the end of instituting thec 1.8 Senate and Ephori among the Lacaedemonians, the Senate and Dictators among the Romans, thed 1.9 F••rum Suprarbiense, and Iustitia Aragoniae among the Aragonians; of Parliaments, Dietts, and Assemblies of the estates in other forraigne Kingdomes, and in Scotland, as I shall prove at large in itse 1.10 proper place. This is cleare by the proceedings of all our Parlia∣ments in former ages; Especially in King Iohns, Henry the third, Edward the 1. 2. 3. and Richard the seconds Raignes; by the latter Parliaments in King Iames his raigne, yea of 3. Caroli, the last dissolved Parliament, and this now sitting, whose principall care and imployment hath beene to vindicate the Subjects Liberties, properties, lawes, and Religion, from all illegall encroachments on them by the Crown and its ill Instru∣ments: by thef 1.11 forecited resolutions of Bracton, Fleta, the Myrror of Iustices, Vowell, Holinshed, the Councell of Basill, and others, that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law, and invades the Subjects Li∣berties, especially with open force of Armes in an Hostile manner: and by the constant practise of our Ancestors and the Barons Warres, in maintenance of Magna Charta, with other good Lawes and Priviledges, confirmed by Parliament. If then the Parlia∣ment be intrusted by the Kingdome with this Superlative power, thus to protect the Subjects Liberties, properties, Lawes, persons, Religion, &c. against the kings invasions on them by policie or violence: they should both betray their trust, yea the whole kingdome too, if they should not with open Force of Armes, (when Policy, Coun∣cell, and Petitions will not doe it) defend their owne and the Subjects Liberties, per∣sons, priviledges, &c. against his Majesties offensive Armies which invade them, in∣tending to make the whole kingdome a present booty to their insaciable rapine, and a future vassall to his Majesties absolute arbitrary power, by way of conquest.

I reade ing 1.12 Bodin that the Roman Senate being no way able to restraine Caesar, tooke their refuge to that ancient Decree of the Senate, which was commonly made but in dangerous times of the Common-weale, Videant Consules & caeteri Magistratus ne quid detrimenti c••piat Respublica: Let the Consulls and other Majestrates foresee that the Common-weale take no harme. With which decree of the Senate, the Consulls being armed, sodainely raised their power, commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls, Pretors, and whole Senate, out of his pride, through his ill Councellors advise, and talking with them, as if they had beene but private men, he so farre offended both the Senate and people, that to free the Republicke from his Tyranny, and preserve their hereditary Liberties, they conspi∣red his death, and soone after murthered him in the Senate-house, where they gave him no lesse than 23. wounds. Andh 1.13 Hieronimus Blanca assures us, that the Suprariense Fo∣rum, Iustitia Aragoniae, or States of Arag••n, (erected to withstand the tyrannie and en∣croachments of their kings) may by the Laws of their Realme assemble together, and

RESIST THEIR KING WITH FORCE OF ARMES, as oft as there shall bee neede to repulse his, or his Officers violence against the Lawes; For when they erected this Court, they said,

It would be little worth to have good Lawes enacted, and a middle Court of Iustice betweene the King and people appointed, if it might not be lawfull to take up Armes for their Defence when it was needfull; (being agree∣able to the very Law of nature and reason;) Because then it will not be sufficient to fight with Counsell: For if this were not so, and the State and Subjects in such cases might not lawfully take up armes, all things had long ere this been in the power of Kings. Therefore, no doubt, our Parliament and State, as well as others, may by the very Law of Nature, and fundamentall institution of Parliaments, now justly take up Defensive armes to preserve their Liberties, Lawes, Lives, Estates, Religion, from vassallage and ruine.

Thirdly, Our owne Parliaments, Prelates, Nobles, and Commons in all ages (espe∣cially in times of Popery) as well in Parliament, as out, have by open force of armes resisted, suppressed the oppressions, rapines, vnjust violence, and armies of their Princes raised against them; Yea, incountred their Kings in open Battells, taken their persons Prisoners, and sometimes expelled, nay deposed them their Roy∣all authority, when they became incorrigible open professed enemies to their king∣domes, their Subjects, seeking the ruine, slavery, and desolation of those, whom by Office, Duty, Oath, and common Iustice, they were bound inviolably to pro∣tect in Liberty and peace, as the* 1.14 premised Histories of Achigallo, Emerian, Vorti∣gern, Segebert, Osred, Ethelr••d, Bernard, Edwin, Ceolwulfe, King Iohn, Henry the 3^d. Edward 1. and 2. Richard the 2, Henry the 6^th. (our British, Saxon, English Kings,) and other examples common in our owne Annalls, plentifully manifest. Nei∣ther are their examples singular, but all Kingdomes generally throughout the world in all ages have done the like, when their Kings degenerated into Tyrants, of which there arei 1.15 infinite precedens in History: which actions all ages, all Kingdomes have alwaies reputed lawfull both in point of Policy, Law, Religion, as warranted by the very Lawes of Nature, Reason, State, Nations, God; which instruct, not onely particular persons, but whole Cities and Kingdomes for their owne necessary defence, preservation, the supportation of humane Societie and Libertie, to protect themselves against all unlawfull violence and Tyranny, even of their Kings themselves, or their Ministers, to whom neither the Lawes of God, Nature, Man, nor any civill Nation, ever yet gave the least authority to Murther, Spoile, Oppresse, enslave their Subjects, or deprive them of their lawfull Liberties or Estates; which resistance were it unlaw∣full or unjust (as many ignorant Royallists and Parasites now ••each) some few op∣pressing tyrannizing wilfull Princes, might without the least resistance, ruine, mur∣ther, enslave the whole world of men; overthrow all setled formes of civill govern∣ment, extirpate Christian Religion, and destroy all humane Society at their pleasures; all which had beene effected, yea, all States and Kingdomes totally subverted long agoe, by ambitious Tyrannizing lawlesse Princes, had not this Lawfull, Naturall, He∣reditary power of resisting and opposing their illegall violence (inherent in their Par∣liaments, States, Kingdomes) restrained and suppressed their exorbitances of this kinde. Now that this necessary Defensive opposition and resistance against open Regall Hostile violence, which hath beene ever held lawfull, and frequently practised in all Kingdomes, all ages heretofore, as just and necessary; should become sodenly un∣lawfull to our Parliament, and Kingdome onely, at this instant, seemes very unrea∣sonable unto me.

Fourthly, It is the expresse resolution ofk 1.16 Arist••tle,l 1.17 Xenophon,m 1.18 Polibius,n 1.19 Pope Elutherius, (in his Epistle to our first Christian King, Lucius) Kingo 1.20 Edward the Confessor in his established Lawes, c. 17. thep 1.21 Councell of Paris, Anno 829. and Isiod••r cited by it;q 1.22 Iohn 〈◊〉〈◊〉,r 1.23 I••hn Mariana, and generally of all for∣raigne Divines and Polititians, Pagan or Christian; yea ofs 1.24 Bracton,t 1.25 F••••ta,u 1.26 For∣tescue, andx 1.27 King Iames himselfe; that a King governing in a setled Kingdome, ceaseth to be a King, and degenerates into a Tyrant, so soone as hee leaves to rule by his Lawes; much more, when he begins to invade his Subjects, Persons, Rights, Liberties to set up an Abitrary power; impose unlawfull T••xes, raise Forces, and make Warre upon his Subjects, whom he should Protect, and rule in peace; to pillage, plund••r, ••aste, and spoile his Kingdome; imprison, murther, and destroy his people in an hostile manner, to captivate them to his pleasure; the very highest degree of Tyranny, condemned and detested by God, and all good men. The whole State and Kingdome therefore in such cases as these, for their owne just necessary preservation, may lawfully with force of Armes, when no other course can secure them, not onely passively, but actively resist their Prince, in such his violent, exorbitant, tyrannicall proceedings; without resisting any kingly, lawfull royall Authority Vested in the Kings person for they 1.28 King∣domes preservation onely, not destruction; because in, and as to these illegall oppressi∣ons, tyrannicall actions, not warranted, but prohibited by the Lawes of God, and the Realme, (to whom he isz 1.29 accountable, and by whom he is justly censurable for them) he is no lawfull King, nor Majestrate, but an unjust oppressing Tyrant, and a meere private man, who (as to these proceedings) hath quite denuded himselfe of his just Regall authority. So that all those wholsome Lawes made by the whole State in Par∣liament, for the necessary preservation and defence of their Kings Royall Person, and lawfull Soveraigne power; the suppression of all Insurrections, Treasons, Con∣spiracies and open Warres against them, whiles they governe their people justly ac∣cording to Law;* 1.30 (as all good Princes area 1.31 obliged to doe by oath and duty;) or the o∣pen violent resisting of their Lawfull authority and Commands; to which all Sub∣jects both in point of Law andb 1.32 Conscience, ought cheerfully and readily to Submit; will yeeld no publike Countenance, Encouragement, or Protection at all to Kings, in their irregall, tyrannicall oppressions, or violent courses; especially when they turne professed publike enemies to their people, proclaime open Warre against them, invade their Lawes, Liberties, Goods, Houses, Persons, and exercise all acts of Hostilitie a∣gainst them, as farre forth as the most barbarous Forraigne Enemies would doe: It being against all common sence and reason to conceive, that our Parliaments, Lawes which strictly inhibit and punish the very smallest violations of the publike peace, with all kinds of Oppressions, Robberies, Trespasses, Ba••t••ries, Assaults, Bloodsheds, Fraies, Murthers, Routs, Riots, Insurrections, Burglaries, Rapes, Plunderings, Force-able En∣tries, Invasions of the, Subjects Liberties or Properties, in all other persons, and grea∣test publike Officers whatsoever (whosec 1.33 Delinquences are so much the more hainous,d 1.34 execrable and censurable, as their persons, honours, and places are more eminent) should so farre countenance, justifie, or patronize them onely in the King, the Su∣preame fountaine of Iustice (ad tutelam Legis corporum & bonorum crectus, as Fortescue, and Sire 1.35 Edward Cooke resolve; Cujus Potestas Iuris est, & non Injuriae; & cum sit author Iuris, non debet inde injuriarum nasci occasio, unde Iura nasc••nt ur; asf 1.36 Bracton, andg 1.37 Fleta determine;) as not to permit the Subjects, under paine of Re∣billion

and high Treason, by force of Armes, upon expresse command and direction of the whole Kingdome in Parliament, so much as to defend their Persons, Goods, Estates, Houses, Wives, Children, Liberties, Lives, Religion, against the open vi∣olence of the King himselfe, or his Malignant plundring, murthering Papists, Ca∣veleers: When as Kings of all others (ash 1.38 Bracton,i 1.39 Fortescue, andk 1.40 Mariana prove at large) both by Oath and Duty, ought to be more observant of, and obedient to the Laws of God and their Realmes (which arel 1.41 no respectors of Persons) then the ve∣ry meanest of their Subjects. That Precept then of Paul, Rom. 13. 1. 2. 3. Let eve∣ry Soule be subject to the higher Powers, &c. And the Statute of 25. E. 3. c. 2. with o∣ther obsolete Acts, which declare it High Treason, to levy Warre against the King in his Realme, must needs be intended of, and quallified with these subsequent just li∣mitations, sutable to their genuine sense and meaning; to wit, That as long, and so farre foorth, as Kings justly and uprightly doe execute their just Royall power, con∣ferred on them by God and their people, according to the Law of God, and their Realmes, to the Protection, encouragement and praise of all their good Subjects, and the deserved punishment onely of Malefactors; they must and ought to be cheereful∣ly obeyed, and quietly submitted to, as Gods owne Ministers, without the least resi∣stance, private or publike; neither ought any private men upon any private in∣juries, of their owne authority to raise up in Armes against them, seeing they are publike Magistrates in whom all the Kingdome have an interest, without the generall assent and authority of the whole State and Kingdome, or of both Houses of Parli∣ment which represents it. But if Kings degenerate into Tyrants, and turne professed enemies to their Kingdomes, Parliaments, People, by making open Warre against them; by spoyling, murthering, imprisoning, maiming, sacking, destroying, or putting them out of their Protections, without any just or lawfull grounds, endea∣vouring by force of Armes to subvert their Lawes, Liberties, Religion, and expose them as a prey to their mercilesse blood-thirsty Souldiers; or bring in Forraigne For∣ces to conquer them, (our present case;) I dare confidently averre, it was never the thought nor intention of Paul, or the Holy Ghost, much lesse of our Nobles, Pre∣lats, and Commons in Parliament, which enacted these Lawes (who so oft tooke up Armes, aswell offensive, as defensive, against our Kings, in such like cases hereto∣fore) to inhibit Subjects, Kingdomes, Parliaments (especially, by direct Votes and Ordinances of both Houses) under paine of damnation, high Treason, or Rebel∣lion, by defensive Armes to resist Kings themselves, or any of their Cavalliers: and if this question had beene put to Paul, Peter, or any of those Parliaments, which enacted these objected Lawes; Whether they ever meant by these Precepts or Sta∣tutes, totally to prohibite all Subjects, by generall assent in Parliament, to take up such defensive Armes, or make any forceable resistance, against their Kings or their Armies, in such cases of extremity and necessity as these, under the foresaid penalties? I make little question, but they would have clearely resolved; that it was never so much as within the compasse of their thoughts, much lesse their plaine intention, to prohibite such a resistance, in this or such like cases, but onely according to the precedent ex∣position of their words; and that they never imagined to establish in the world any Vnresistable Lawlesse Tyranny, or any such spoile or butchery of Kingdomes, of Sub∣jects, execrable to God and man, in all persons, all ages, which have* 1.42 resisted them even unto blood; but rather totally to suppresse them; There being scarce any more pregnant

Text, against the Tyranny, the boundlesse Prerogatives, the illegall proceedings of Kings, and Higher Powers in all the Scripture, th•••• that of Romans 13. 1. to 7. if rightly scanned, as Pareus, and others o•• it manifest. Therefore the Parliaments and peoples present defensive Warre, and resistance against their seduced King, and his Malignant Popish Cavalliers, is no violation of any Law of God, of the Realme; but a just necessary Warre, which they have to the uttermost endeavoured to prevent: and no Treason, no Rebellion at all within the meaning of any Law, or Statute, unlesse we should thinke our Parliaments so mad, as to declare it high Trea∣son, or Rebellion, even for the Parliament and Kingdome itselfe, so much as to take up Armes for their owne necessary preservation, to prevent their inevitable ruine, when they are openly assaulted by Royall armies; which none can ever presume they would doe, being the very high way to their owne, and the whole Kingdomes subversion.

Fiftly, admit the King should bring in Forraigne forces (French, Spanish, Danes, Dutch, or Irish) to destroy, or Conquer his Subjects, Parliament, Kingdome, (as some such forces are already landed, and more expected dayly;) and should join him∣selfe personally with them in such a service, I thinke there is no Divine, Lawyer, or true hearted Englishman, so void of reason, or common understanding, as to affirme i•• Treason, or Rebellion in point of Law, and a matter of Damnation in Conscien••••, or true Divinity, for the Parliaments, Subjects, Kingdome, to take up necessary de∣fensive armes for their owne preservation in such a case, even against the King him∣selfe, and his army of Aliens; but would rather deeme it a just, honourable, necessa∣ry action; yea, a duty, for every English man to venture his life, and all his fortunes, for the defence of his owne dearest Native Countrey, Posterity, Liberty, Religion; and no lesse then a gloriousm 1.43 Martyrdome, to dye manfully in the Field, in such a publicke quarrell: the very Heathens generally resolving; thatn 1.44 Dulce & deco∣rum est pro Patria mori: Et mortes pro Patria appetitae, Non solum gloriosae Rheto∣ribus, sed etiam beatae videri solent: In a case of this quallitie. Whence that noble Romaneo 1.45 Camillus, professed to all the Romanes in a publike Oration; Patriae d••esse quoad vita suppetat, alijs turpe, Camillo etiam NEFAS EST. And is not there the selfesame equity, and reason, when the King shall raise an Army of Popish Eng∣lish, or Irish Rebels, Malignants, Delinquents, and bring in Forraigners (though yet in no great proporation) to effect the like designe. If armed force∣able resistance be no Treason, no Rebellion in Law or Conscience, in the first, it can be no such crime in our present case.

Sixty, I would demand of any Lawyer, or Divine: What is the true genuine reason; that the taking up of offensive armes against, or offering violence to the person, or life of the King, is High Treason, in point of Law and Divinitie? Is it not onely because, and as he is, the head and chiefe member of the Kingdome, which hath a Common interest in him; and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against, and violence to his Person? Doubtlesse▪ every man must acknow∣ledge this, to be the onely reason; for if he were not such a publike person, the levying War against, or murthering of him, could be no High Treason at all. And this is the reason, why the elsewhere cited Statutes of our Realme, together with our Historians, make levying of Warre, deposing, or killing the King by private per∣sons, High Treason; not onely against the King, but the REALME, and King∣dome

to; Witnesse the Statutes of 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. E••iz. c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament, (decla∣ring those persons of England and Scotland TRAITORS TO EITHER REALME, who shall take up Armes against either Realme, without com∣mon consent of Parliament) which Enact, The levying of Warre against the King∣dome and Parliament, invading of England or Ireland, treachery against the Parlia∣ment, repealing of certaine Acts of Parliament, ill Counselling the King, coyning false Money, and offering violence to the Kings person, to take away his Life, to be high Trea∣son, not onely against the King and his Crowne, but THE REALME TO; and those who are guilty of such crimes, to bee High Traitors and Enemies TO THE REALME,p 1.46 as well at to the King. Hence Iohn of Gaunt, Duke of Lancaster, being accused in a Parliament held in 7. R. 2. by a Carm••lite Frier, of High Trea∣son, for practising sodainely to surprise the KING, and seize upon his Kingdome; the Duke denied it, as a thing incredible upon this very ground; If I should thus (said he) affect the Kingdome:q 1.47 Is it credible after your murder (which God forbid) that the Lords of this Kingdome, could patiently endure me, Domini mei ET PA∣TRIAE PRODITOREM, being a Traitor both of my LORD and COVN∣TREY? Hence in the same Parliament of 7. R. 2. Iohn Walsh Esquire Captaine of Cherburg in France, was accused by one of Navarre, DE PRODITIO∣NE REGIS & REGNI, Of Treason against the King and Kingdome; for delivering up that Castle to the Enemies; And in ther 1.48 Parliament of 3. R. 2. Sir Iohn Annesley Knight, accused Thomas Ketrington Esquire, of Treason against the King and Realme, for betraying and selling the Castle of Saint Saviour within the Is••e of Constantine in France, to the French, for a great summe of money, when as he neither wanted Victuals,s 1.49 nor meanes to defend it: both which Accusations (being of Treasons beyond the Sea) were determined by Battle, and Duels fought to decide them. Hence the great Favourite, Pierce Gaveston, Tanquam Legum subversor, Hosti•• Terrae Publicus, & Publicus Regni Proditor, capite truncatus est: and the two Spensers after him, were in Edward the second his Raigne likewise banished, con∣demned, and executed, as Traitors to the King and Realme, ET REGNI PRO∣DITORES for miscounselling and seducing the King, and moving him to make Warre upon his people: Hence both thet 1.50 Pierces, and the Archbishop of Yorke, in their Articles against King Henry the fourth, accused him, as guilty of High Treason, and a Traitor both to the King, Realme and Kingdome of England, for Deposing and mur∣thering Richard the second. And hence the Gunpouder Conspirators, wereu 1.51 declared, adjudged, and executed as Traitors both to the KING & REALME, for at∣te••pting to blow up the Parliament House, when the King, Nobles, and Commons were therein assembled: If then the King shall become an open enemie to his King∣dome, and Subjects, to waste or ruine them; or shall seeke to betray them to a For∣raigne Enemy (which hath beene held no lesse then Treason in a King to doe, who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME, and thereupon forfeit his very right and title•• to the Crowne;) it can be no Treason nor Rebellion in Law or Theologie, for the Parliament, Kingdome, Subjects, to take up armes against the King and his Forces, in such a case, when he shal wilfully and mali••i∣ously rent himselfe from, and set himselfe in direct opposition against his Kingdome;

and by his owne voluntary actions turne their common interest in him for their good and protection, into a publicke engagement against him, as a common Enemy, who seekes their generall ruine. And if Kings may lawfully take up armes against their Subjects, as all Royallists plead, after they reject their lawfull power, and become open Rebels or Traitors, because then as to this, they cease to be Subjects any longer, and so forfeit the benefit of their Royal protection: By the self-same reason (the bond and sti∣pulation being mutuall; Kings being their Subjectsx 1.52 Liege Lords, by Oath and Duty, as well as they their Liege people:) When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way, they presently both in Law and Con∣science, cease to be their Kings de jure, as to this particular, and their Subjects allea∣giance thereby is as to this discharged, and suspended towards them, as appeares by the Kings Coronation Oath, and the* 1.53 Lords and Prelats conditionall Fealty to King Steven, so that they may justly in Law and Conscience resist their unlawfull as∣saults, as enemies; for which they must onely censure their owne rash unjust procee∣dings, and breach of Faith to their People, not their Peoples just defensive opposition which themselves alone occasioned.

Seventhly, It must of necessity be granted; that for any King to levie warre a∣gainst his Subjects, unlesse upon very good grounds of Law and conscience, and in case of absolute necessity, when there is no other remedy left, is directly contrary to his very Oath and duty, witnes the Law of King Edward the Confessor, cap. 17. and Coronation Oathes of all our Kings forementioned; To keepe PEACE and god∣ly agreement INTIRELY, ACCORDING TO THEIR POWER to their peo∣ple; Contrary to all the fundamentall Lawes of the Realme, and the Prologues of most Statutes, intirely to preserve, and earnestly to indeavour the peace and welfare of their peoples persons, goods, estates, lawes, liberties; Contrary to the main tenor of ally 1.54 Sacred Scriptures, which have relation unto Kings; but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes, (which revolted from him for following his young Counsellors advice, and denying their just request, and crow∣ned Ieroboam for their King) intending to reduce them to his obedience by force of armes; God by his Prophet Shemaiah expressely prohibited him and his army, to goe up, or fight against ••hem; and made them all to returne to their owne houses without fighting; and to Isay 14. 4. 19. to 22. where God threatens, to cast the King of Babilon out of his grave, as an abhominable branch, as a carcasse trodden under foot, (marke the reason)

Because thou hast destroyed thy Land, and slaine thy People, to cut off from Ba∣bylon his name and remembrance, and Sonnes and Nephewes: as he had cut off his peoples, though heathens.

Yea, contrary to that memorable Speech of that noble Roman* 1.55 Valerius Corinus when he was chosen Dictator, and went to fight against the Roman conspirators, who toke up armes against their Country. Fugeris etiam honestius, tergumque civi dederis, quam pugnaveris contra patriam; nunc ad pacifican∣dum bene atque honeste inter primos stabis: postulate aequa et forte, quanquam vel ini∣quis standum est potius, quam impias inter nos conseramus manus, &c. If then a Kings offensive warre upon his Subjects, without very just grounds and unevitable oc∣casions be thus utterly sinfull, and unlawfull in law and Conscience; and most dia∣metrally contrary to the Oath, Office, trust and duty of a King, (who by this strange metamorphosisa 1.56 becomes a Wolfe instead of a Shepheard, a destroyer in liew of a

Protector; a publike Enemy in place of a Common friend; an vnnaturall Tyrant, instead of a naturall King) it followes inevitably; that the Subjects or King∣domes resistance and defensive warre in such a case, both by the law of God, of na∣ture, of the Realme, must be lawfull, and just; because directly opposite to, the only preservative against that warre, which is unlawfull and unjust: and so no Treason, nor Rebellion (by any Law of God or man,) which are illegall and criminall too.

Eightly, It is the received resolution of allb 1.57 Canonists, Schoolemen, and Civill Lawyers; That a defensive warre undertaken onely for necessary defence, doth not pro∣perly deserve the nam of warre, but onely of Defence: That it is no levying of warre at all, (which implies an active offensive, not passive defensive raising of forces, and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament, the onely proper Iudge of Treasons, hath already resolved in point of Law) but a fa∣culty onely of defence Cuilibet Omni Iure, ipsoque Rationis Ductu Permissa; &c. permitted to every one By all Law, (or right) and by the very conduct of reason, since to propulse violence and iniury, is permitted by the very Law of Nations. Hence of all the seven sorts of warre which they make, they define the last to be, A just and Necessary War quod fit se et sua defendendo; and that those who d••e in such a war (caeteris paribus) are safe (Causa 23. qu. 1.) and if they be slaine for defence of the Common-wealth, their memory shall live in perpetuall glory. And hence they give this Definition of a just Warre.c 1.58 Warre is a Lawfull Defence against an immi e••t or praeceeding offence upon a publike or private cause, concluding: That if Defence be severed from W••rre, it is a Sedition, not Warre; Although the Emperour himselfe de∣nounce it; Yea, although the whole World combined together. Proclaime it: For the Emperour, or King, can no more lawfully hurt another in Warre, t••en he can take away his goods or life without cause. Therefore let Commentato s••b••awle et••r∣nally about Warre, yet they shall never justifie nor prove it lawfull, Nisi ex Defensio∣ne Legitima; but when it proceeds, from Lawfull defence, all Warres be••••g rash and unjust, against those who justly defend themselves. This Warre then being underta∣ken by the Parliament, onely for their owne, and the Kingdomes necessary defence, against the Kings invasive Armies and Cavalliers (especially, now after the Kings re∣jection of all Honourable and safe termes of Peace and accommodation tendered to him by the Parliament:) must needs be just and lawfull; and so no Treason, nor Rebellion, in point of Law or Conscience; Since no Law of God, nor of the Realme, hath given the King any Authority or Commission at all to make this un∣naturall Warre upon his Parliament, his people, to enslave their Soules and Bodies, or any inhibition to them, not to defend themselves in such a ca••e.

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

First, it is unquestionable, that by the Common and Statute Law of the Land, the King himselfe, who cannot lawfully proclaime Warre against a Forraigne E∣nemy, much lesse against his people, without his Parliaments previous assent, as I have elsewhere proved; cannot by his absolute Soveraigne Prerogative, either by ver∣ball Commands, or Commissions under the great Seale of England, derive any lawfull or just Authority to any Generall, Captaine, Cavalliers, or person whatsoever, without

Legall Triall and Conviction, to seize the Goods or Chattels of any his Subjects, much lesse, forcecibly to R••b, Spoile, Plunder, Wound, Beat, Kill, Imprison, or make open War upon them, without a most just and in••vitable occasion, and that after open hostility) denoun∣ced agai••st them. And if any by vertue of such illegal Commissions or Mandats, Assault, Plunder, Spoile, Rob, Beat, Wound, Slay, Imprison, the Goods, Chattels, Houses, Per∣sons of any Subject not lawfully convicted; They may, and ought to be proceeded against, resisted, apprehended, indicted cond••mned for it, notwithstanding such Commissions, as Tre∣spassers, Theeves, Burglarers, Felons, Murderers, both by Statute, and Common Law; As is clearely enacted and resolved, by Magna Charta, cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Cha••tas, cap. 2. 4 E. 3. c. 4 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5. R. 2. ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. Iacob. c. 3. Against Monopolies. The Petition of Right. 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca. 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purv••yers 42. Ass. Pl. 5. 12. B••o••ke Commissions, 15. 16. Fortescue, c. p. 8. 9. 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Imprisonment, 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Confe∣rence at the Committies of both Houses, 3^•. Aprilis, 4^•. Caroli, concerning the Right and Priviledge of the Subject: newly Printed. Cooke lib. 5. fol 50. 51. lib. 7. fol 36. 37. lib. 8. fol. 125. to 129. Iudge Crooks and Huttons Arguments, against Sh••pmoney, with divers other Law-Bookes. Therefore the Cavalliers can no waies justifie, nor excuse their Wounding, Murthering, Imprisoning, Assaulting, Rob∣bing Pillaging, and spoiling of his Majesties people and Subjects, and making Warre upon them, by vertue of any Warrant or Commission from the King; but may justly and legally be apprehended, resisted, and proceeded against, as Murthe∣rers, Rebels, Robbers, Felons, notwithstanding any pretended Royall Autho∣rity to countenance their execrable unnaturall proceedings.

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

Thirdly, It is past dispute,

That the Sheriffes Iustices of Peace, Mayors, Constables

and all other Officers of the Realme, may and ought by our Lawes and Statutes to raise the power of the Counties and places where they live, and command all persons to arme themselves to assist them upon their Command, when they see just cause (which commands they are all bound to obey under paine of imprisonment and fines, for their contemptuous disobediene herein:) to suppresse and withstand all, publicke breaches of the Peace, Riots, Routs, Robberies, ••raies, Tumults, Forci∣ble Entries, and to apprehend, disarme, imprison, and bring to condigne punish∣ment all Peace-breakers, Riotors, Trespassers, Robbers, Plunderers, Quarrellers, Murtherers, and Forces met together, to doe any unlawfull Hostile act, (though by the Kings owne precept:) and in case they make resistance of their power, they may lawfully kill and slay them without crime or guilt, if they cannot other∣wise suppresse or apprehend them: yea, the Sheriffes, and all other Officers may lawfully raise and arme the power of the County to apprehend Delinquents, by lawfull Warrants from the Parliament, or Processe out of other inferiour Courts of Iustice, when they contemptuously stand out against their Iustice, and will not render themselves to a Legall triall; in which service all are bound by Law to assist these Officers, who may lawfully slay such contemptuous Offenders, in case they can∣not otherwise apprehend them.

All which is Enacted and Resolved by 19. E. 3. cap. 38. 3. Ed. 1. cap. 5. 2. R. 2. cap. 6. 5. R. 2. cap. 5. 6. 7. R. 2. cap. 6. 17. R. 2. cap. 8. 13. H. 4. cap, 7. 1. H. 5. cap. 6. 2. H. 5. cap. 6. 8. 19. H. 7. cap. 13. 3. E. 6. cap. 5. 1. Mar. cap. 12. 31. H. 6. cap. 2. 19. E. 2. Fitz Execution, 247. 8. H. 4. 19. a. 22. Ass. 55. 3. H. 7. fol. 1. 10. 5. H. 7. fol. 4. Register, f. 59. 60. 61. Fitz. Coron. 261. 288. 289. 328. 346. Stamford, lib. 1. cap. 5. 6. Cooke lib. 5. fol. 92. 9. 3. with sundry other Bookes, and Acts of Parliament, and Walsingham, Hist. Angliae, pag. 283. 284. Yea, the Statute of 13. Ed. 1. cap. 38. recites; That such resistance of Processe out of any the Kings Courts (much more then out of the Highest Court of Parliament) redounds much to the dishonour of the King and his Crowne; and that such resisters shall be imprisoned and fined, because they are desturbers of the Kings Peace, and of his Realme. And the expired Statute of 31. H. 6. cap. 2. Enacted: That if any Duke, Marquesse, Earle, Viscount, or Baron, com∣plained of for any great Riots, Extortions, Oppressio••s, or any offence by them done a∣gainst the Peace and Lawes, to any of the Kings Liege people, should refuse to obey the Processe of ••he Kings Court, under his Great or privie Seale, to him directed, to answer his said offenes; either by refusing to receive the said Processe, or despiting it, or withdrawing h••mselfe for that cause, and not appearing after Proclamation made by the Sheriffe in ••he County; at the day prescribed by the Proclamation; that then hee should for this his contempt, forfeit and lose all his Offices, Fees, Annuities, and other possessions that he, or any man to his use, h••th of the gift or grant of the King, or any of his Progenitors, made to him or any of his Ancestors: And in case he appeares not upon the second Proclamation on the day therein to him limited; that then he shall lose and forfeit his Estate and place in Parliament, and also All the Lands and Tenements Wh••ch he hath, or any other to his use for terme of his life, and all other persons having no Lands not appearing after Proclamation, were to be put out of the Kings Protection, by this Act. Such a heinous offence was it then repu••ed, to disobey the Processe of Chancery, and other inferiour Courts of Iustice even in th•• greatest Peeres; how much greater crime then is, and must it be, contemptuously to disobey the Summons,

Processe, and Officers of the Parliament it selfe, the supremest Court of Judicature, especially in those who are Members of it, and stand engaged by their Protestations, trusts, and Places in it, to maintaine its honour, power, and priviledges to the utter∣most? which many of them now exceedingly vilifie, and trample under feete: and therefore deserve a severer censure then this statute inflicts; even such as the Act of 21. R. 2. c. 6. prescribed to those Nobles unjustly fore judged in that Parliament; That their issues males now begotten shall not come to the Parliaments, nor to the Councells of the King nor his heires; nor be of the Kings Counsell nor of his heires; Therefore it is un∣dubitable, that the Sherifes, Iustices of Peace, Majors, Constables, Leivtenantes, Cap∣taines, and other Officers in every County through the Realme, may by their owne Authority (much more by an Ordinance and Act of association of both houses) raise all the power of the County, & all the people by vertue of such commands may lawful∣ly meete together in Armes to suppresse the riots, burglaries, rapines, plunders, butche∣ries, spoyling, robberies, and armed violence of his Majesties Cavaleers; and apprehend, imprison, slay, arraigne, execute them as common enemies to the kingdomes peace and welfare, even by the knowne Common Law, and Statutes of the Realme, and feise Delinquents notwithstanding any royall Commission or personal commands they may or can produce.

Fourthly, it is most certaine, that every Subject by the very Common Law of the Realm, (yea Law of Nature) as he is a member of the State and Church of England,d 1.59 is bound both in duty and conscience, when there is necessary occasion, to Array and Arme himselfe to resist the invasions, and assaults of o••en enemies of the Realme, especially of Forraigners,e 1.60 as is cleare by infinite * Presidents, cited by the Kings owne Councell, and recited by Iudge Crooke in his Argument concerning Ship-money; in both the Houses two Re∣monstrances and Declarations against the Commission of Array; and the Answer of the first of them in the Kings name; all newly Printed (to which I shall referre the Rea∣der for fuller Satisfaction:) and by the expresse statutes of 1 E. 3. c. 5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipula∣tion of every member of any Republicke, State or Society of men for mutuall defence one of another upon all occasions of invasion, made at their first association and in∣corporation into a Republike, state, kingdome, Nation, of which we have a preg∣nant example, Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it, or shall himself become an open enemie to it; the Subjects are obleiged, by the self-same reason, law, equity, especi∣ally upon the Parliaments command, to Arm themselves to defend their Native Coun∣try, Kingdome against these forraigne and domesticke Forces, and the King himselfe if he joyne with them; as farre forth as they are bound to doe it upon the Kings own Writ and Commission, in case he joyned with the Parliament and Kingdome against them; the necessary defence and preservation of the Kingdome and themselves (and of the King onely so farre forth as he shewes himselfe a King and Patron, not an ene∣mie of his Kingdome, and Subjects,) being the sole ground of their engagement in such defensive warres: according to this notable resolution of Cicero,f 1.61 Omnium Socie∣t••tum nulla est gratior; nulla cari•• quàm ea quae 〈◊〉〈◊〉 Re••ublica est unicuique nostrum Cari sun•• pare••t••s, cari liberi, propinqui, familiares, SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST, iro qua quis bonus du∣bit••t mortem oppetere; si ei sit profuturus? Quo est detestabilior illorum immanitas,

qui lacerant omni scelere Patriam, & n••a fun••itus delenda occupati & sunt & fuerunt: and seeing kings themselves as well as Subjects are bound tog 1.62 hazard their lives for the preservation of their Kingdomes, and peoples safetie; and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives, as I have elsewhere manifested; it cannot be denyed, but that every Subject, when the King is unjustly divided against his Kingdome, Parliament, and People, is more obleiged to joyne with the kingdome, Parliament, and his Native dearest Countrey, (who are most considerable) against the King; than with the king against the••; and ra∣ther in such a case than any other, because there is lesse neede of helpe, and no such danger of ruine to the whole Realme and Nation, when the King joynes with them against forraigne invading enemies; as there is when the king himselfe becomes an open intestine Foe unto them, against his Oath and Duty: and theh 1.63 Peop••es safety being the Supremest Law, & the Houses of Parliament the most Soveraigne Authoritie, they ought in such unhappie cases of extremitie and division to oversway all Subjects, to contribute their best assistance for their necessary just defence, even against the king himself and all his Partisans, who take up Hostile Armes against them, and not to assist them to ruine their owne Country, Kingdome, Nation, as many as now over-rashly do.

Fifthly, I conceive it cleare Law, that if the King himselfe, or his Courtiers with him, shall wrongfully assault any of his Subjects to wound, rob, or murther them without just cause, that the subjects, without any guilt of Treason or Rebellion, may not onely in their owne defense resist the King and his Courtiers assaults in such a case, and hold their hands (asi 1.64 Doctor Ferne himselfe accords) but likewise close with, and disarme them; and if the King or his Courtiers receive any blowes, wounds, in such a case; or be casually slaine, it is neither Treason nor Murder, in the Defendants, who had no Treasonable nor murtherous intention at all in them, but onely endeavoured their own just defence, attempting nothing at all against the kings lawful Royall autho∣rity: as is cleare by all Lawk 1.65 Cases, of man slaughter, se defe••dendo, and to put this out of question, I shall cite but two or three cases of like Nature. It hath beene veryl 1.66 frequent with the Kings of England, France, and o••her Princes, for triall of their man hood, 〈◊〉〈◊〉 runne at Iousts, and fight at Barriers, not onely with forraigners, but with their owne valiantest L••rds and Knights, of which there are various Examples. In these Martiall disports, by the very Law of Armes, these Subjects have not onely defended them∣selves against their kings assaults and blowes; but retorted lance for lance, stroke for stroke, and sometimes unhorsed, disarmed, and wounded their Kings, ourm 1.67 Ki••g Henry the eight, being like to be slaine by the Earle of ••uffolke, at a 〈◊〉〈◊〉 in the 16. yeare of his reigne: and no longer since then the yeare 1559. Henry the 2^d, King of France, was casually slaine in a Ioust by the Earle of Mountgommery, his Subject, (whom hee commanded to Iust one bout more with him against his will) whose Speare in the counter-blow ran so right into one of the Kings eyes,n 1.68 that the shivers of it peirced into his head, perished his braine and slew him: yet this was Iudged no Treason, Fellony, nor offence at all in the Earle, who had no ill intention. If then it hath ever beene re∣puted lawfull and honourable, for Subiects in such militarie exercises, upon the chal∣lenges of their kings, to defend themselves couragiously against their assaults, and thus to fight with and encounter them in a martiall manner, though there were no necessity for them to answer such a challenge; and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony: then much more must it be

lawfull by the Law of Armes, Nature, and the kingdome, for the Parliament and sub∣jects in a necessary, just, unavoydable warre, to defend, resist, repulse the kings and his Cavaleers personall assaults, and returne them blow for blow, shot for shot, if they will wilfully invade them; and if the king or any of his Forces miscarry in this action, they must (like Kingo 1.69 Hen••y the 8^th when endangered by tilting) blame themselves alone, and have no other just legall remedie but p••tience, it being neither Treason, Rebellion, nor Murther in the defensive party, and most desperate folly and frenzie in any Prince, to engage himselfe in such a danger, when he neede not doe it. I reade ofp 1.70 Charles the first of France; that he fell sodainely destracted upon a message he rec••i∣ved from an old poore man, as he was marching in the head of his Army; and thereupon thinking himselfe betray••d incountred his owne m••n, and slew two or three of them••ere they were ware of him, wounding others. Whereupon they closing with him, dis••rmed and led him away forceably, keeping him close shut up like a Bedlam, ••ill he recovered his senses. I thinke no man in his right wits, will deeme t••is their action Treasonable or unlawfull; neither did the king or any in that age thus repute it. If then a King in an angry franticke passion (forq 1.71 Ir•• brevius furor est;) shall take up Armes against his loyall Subjects, and assault their persons to murther them and spoyle their goods; if they (by common consent in Parliament especially) shall forcibly resist, disarme or restraine his person, till his fury be appeased, and his judgement rectified by better councells; shall this be Treason, Rebellion, or Disloyaltie? God forbid: I thinke none but mad men can or will averre it. It was a great doubt in Law, till the statute of 33. H. 8. c. 20. setled it, If a party that had committed any high Treasons when he was of perfect memory; after accusation, examination, and confession thereof be••came madde or lunaticke; where he should b•• tried and condemned for it during this distemper? And some from that very act (and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas, 16. b. and Cooke. l. 4. f. 124. Beverlyes case, which resolve, that a Lunaticke or Non Compos cannot be guilty of murther, feloney, or petite Treason, because having no understanding, and knowing not what he doth, he can have no fellonius intention) conceive, that a reall mad-man cannot be guilty of high Treason (though Sir Edward Cooke in Bev••rlies case, be of a contrary opinion) if he should as∣sault or kill his king. And I suppose few will deemer 1.72 Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree, shot at a Deere, high Treason; neither was it then reputed so, or he prosecuted as a Traytor for it, because he had no malicious intention (as most thinke) against the King, or any thought to hurt him. But I conceive it out of question, if a king in a distracted furious passion with∣out just cause, shall invade his subjects persons in an open hostile manner to destroy them; it neither is, nor can be Treason nor Rebellion in them, if in their owne neces∣sary defence alone, they shall either casually wound or slay him contrary to their loyall intentions; and thoses 1.73 Statutes and Law-bookes which judge it high Treason, for any one maliciously and trayterously to imagine, compasse or conspire the death of the King; will not at all extend to such a case of meere just defence; since a conspi∣racie or imagination to compasse or procure the Kings death, can neither be justly imagined nor presumed, in those who are but meerely defensive, no more then in o∣ther common cases of one mans killing another in his owne inevitable defence with∣out any precedent malice; in which a Pardon by Law, is granted of course: however, questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and 〈◊〉〈◊〉 who are no kings, in such a defensive warre.

Sixthly, suppose the King should be captivated, or violently led away by any forraign or domesticke enemies to him and the kingdome, and carried along with them in the field, to countenance their warres and invasions upon his loyallest Subjects, by ille∣gall warrants or Commissions fraudulently procured, or extorted from him. If the Parliament and Kingdome in such a case, should raise an Army to rescue the King out of their hands, and to that end encountring the enemies, should casually wound the King whiles they out of loyalty sought onely to rescue him; I would demaund of any Lawyer or Divine, whether this Act should be deemed Treason, Rebellion or Dis∣loyalty in the Parliament or army? Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case? those that come one∣ly to rescue the King, and so fight really for him indeed, though against him in shew; and wound him in the rescue? Or those who in shew onely fought for him, that they might still detaine him captive to their wills? Doubtlesse there is no Lawyer, nor Theologue but would presently resolve in such a case, that the Parliaments Army which fought onely to rescue the King were the loyall Subjects; and the Malignants army who held him captive with them, the onely Rebels and traytors; and that the casuall wounding of him (proceeding not out of any malicious intention, but love and loyalty to redeeme him from captivity,) were no trespasse nor offence at all, being quite besides their thoughts: and for a direct president; It was the very case of Kingt 1.74 Henry the third; who (together with his sonne Prince Edward) being taken Prisoner by the Earle of Leycester in the battle of Lewis, and the Earle afterwards carrying him about in his Company in nature of a Prisoner, to countenance his actions, to the great discon∣tent of the Prince, the Earle of Glocester and other Nobles; hereupon the Prince and they raising an Army, encountred the Earle, and his Forces in a battle at Evesham where the King was personally present, slew the Earle, Routed his Army, and rescued the king; in this cruell battell, theu 1.75 king himselfe (being wouded unawares with a Iavelin, by those who rescued him) was almost slaine, and lost much of his blood: yet in a Parliament soone after sommoned at Winchester, Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels; but those who rescued them though with danger to his person, rewarded as his loyall subjects. And is not this the present case? A company of malignant ill Councellors, Delinquents, Prelates, Papists, have withdrawne his Majestie from his Parliament, raised an Army of Papists, Forraigners, Delinquents and Male-contents, to ruin the Parliament, Kingdome, Religion, Lawes, Liberties; to countenance this their designe, they detaine his Majestie with them, and engage him all they can on their side: the Parliament out of no disloyall intention, but onely to rescue his Majesties person out of their hands, to apprehend delinquents, preserve the Kingdome from spoyle, and defend their Priviledges, Persons, Liberties, estates, religion, from unjust invasion, have raised a defensive Army, which encountred these Forces at Edgehill, (where they say the King was present) slew the Lord Generall (Earle of Lindsey) with many others; and as they never intended, so they offered no kind of hurt or violence at all to his Majesties person then or since; and now full sore against their wils, Petitions, endeavours for peace, they are necessitated to continue this offensive warre, for their owne and the Kingdomes necessary preservation. The sole question is; Whether this Act, this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion? and who are the Traytors and Rebells in this case? Certain∣ly, if I understand any Law or Reason, the Parliament and their Forces are and must

be innocent from these crimes; and their opposite Popish Malignant Cavaleers, the onely Rebels and Traytors; as this Parliament (the onely proper Judge of Treasons) hathx 1.76 already voted and declared them in point of Law.

Seventhly, it is* 1.77 Littleto••s and other Law-bookes expresse resolutions; That if a man grant to another the Office of a Parkership, of a Parke for life, the estate which he hath is upon condition in Law (though not expressed) that he shall well and law∣fully keepe the Parke, and doe that which to his Office belongeth to doe, or other∣wise it shall be lawfull for the grantor and his heires to remove him, and grant it to ano∣ther if he will: and if the Parker negligently suffer the Deere to be killed, or kill the Deere himselfe without sufficient warrant from his Lord, it is a direct forfaiture of his Office. If then a Keeper of Forrester cannot kill or negligently suffer his Deere to be killed (no nor yet destroy the vert on which they should feed, or suffer it to be destroy∣ed) without forfaiture of his Office, even by a condition annexed to his Office by the very Common Law; shall a King, thinke you, lawfully murther, plunder and destroy his Subjects, his kingdome, without any forfaiture or resistance at all? or will the Common Law of the Land in such a case which provides and annexeth a condition to the Office of a Parker, not much more unite it to the royall Office of a King, (who is but a regall Keeper, or* 1.78 sheepheard of men, of Christians, of free men, not of slaves) for the Subjects preservation and security? Doth the Common-Law thus provide for the safety, the Liberty, welfare of our beasts, yea our wilde beasts, are our Deere so deare unto it, and will it not much more provide for the security of our owne persons, Lives, Liberties, estates? shall not these be dearer to it than our Deere? How many * 1.79 riged Lawes have beene anciently, and of late yeares made, against the killing, the de∣stroying of the kings, the Subjects Deere in Forrests and Parkes, for which some have lost their Liberties, Lives, members? And shall not the Lawes for the preservation of the Subjects Lives, Liberties, estates be more inviolably observed, more severely prosecuted? May a Forrester, Warrener, or Keeper of a Parke lawfully beate and kill another in defence of his Deere and other game, without any penalty or forfaiture at all, enjoying the Kings Peace as before this fact, by the expresse statute of 21. E. 1. Rastall Forrests 19. and Stamfords Pleas, l. 1. c. 5. 6. And cannot a poore subject defend his owne person, family, house, goods, Libertie, life, against the kings Forces, or Cavaleers without the danger of Treason or Rebellion, if the king himselfe be present with them, or they come armed with his unjust Commission? Certainely this is a too absur'd, irrationall, beastiall opinion for any to beleeve. It is our Saviours own doubled argument, Mat. 6. 26. Luke 12. 24. Behold the fowles of the ayre, and consider the Ravens, for they neither sow nor reape, neither have store-house, nor barne; yet your heavenly Father feedeth them: ARE NOT YEE MVCH BETTER THEN THEY? THEN FOWLES? And Luke 12. 6. 7. Mat. 10. 29. 30. 31. Are not two sparrowes sold for a farthing? and not one of them shall fall to the ground without your Father: But the very haires of your head are all numbred: Feare ye not therefore; YE ARE OF MORE VALVE THEN MANY SPARROWES And the Apostle hath the like argument, 1 Cor. 9. 9. 10. Doth God take care for Oxen? Or saith he it no•• altoge∣ther for our sakes? for our sakes, NO DOUBT THIS IS WRITTEN, &c. * 1.80 Men are the Soveraigne Lords of all the Creatures, of farre more excellencie and dig∣nity then all, ••r any of them; especially Christian men; whence the Apostle Paul gives this strict charge to the Elders of Ephesus (belonging as well to kings as Ministers) Act. 20. 28. Take heed therefore unto all the flocke over which the holy Ghost hath m••de

you over-seers to feed the Church of God which he hath purchase•• with his owne blood: and God himselfe hath given this expresse inhibition even to* 1.81 Kings themselves, con∣cerning his and their peoples safety (most strangely inverted by flattering Divines, quite contrary to the words and meaning:) Touch not mine anointed, and do my Prophets no harme. And shall not men then made after Gods owne Image; men redeemed and pur∣chased by the blood of Christ; men made* 1.82 Kings and Priests to God their Father, whom God himselfe hath expressely prohibited Kings themselves to touch or harme; not be allowed liberty to defend their persons, houses, lives, liberties, without offence or Trea∣son, against Kings or any their Cavaleers assaults, by the Law of God, the Common or statute Law of the Realme; when as their very Keepers, Warreners, Forresters may lawfully resist, and slay them to without crime or punishment, if they should offer but to kill, to steale their Deere or Connies? Are they not much better, much dearer to God, to Kings, then foules? then Sparrowes? then Oxen? then Deere? and their lives, their blood more precious then theirs? surely the Scripture is expresse: that* 1.83 precious in the sight of the Lord is the blood the death of his Saints; and therefore * 1.84 he that sheddeth mans blood (be he whom he will in an unlawfull way) by man shall his blood be shed; if not in a judiciall way, yet by way of just defence, as Christ himself expounds it, Mat. 26. 52. ALL they that take the sword, shall perish with the sword: and Rev. 10 10. He that killeth with the sword, MVST BE KILLED WITH THE SWORD; (no doubt he may be killed by way of necessary defence;) then it immediately followes; here is the patience and faith of the Saints: that is, Saints will and must patiently endure many pressures and wrongs from Tyrants and oppressors without resistance, but if they once come to make warre with them, as the seven hea∣ded beast there did v. 7. then both the faith and patience of the Saints themselves will binde their hands no longer, but give them free liberty in such an extremity (for their owne and the Churches preservation, in their just defence) to slay those seven headed beasts that shall assault them; the very faith of Christ then teacheth them no other lesson but this: he that lead••th into captivitie shall goe in••o captivitie, and he that killeth with the sword must be killed with the sword: and in such a case, God saith, Psal. 149. 6. 7. 8. 9. Let a two edged sword be in their hands, to execute vengeance upon the heathen, and punishment upon the people: to 〈◊〉〈◊〉 their Kings with chaines and their Nobles with fetters of Iron; to execute upon them the judg••ment written: This honour (this pri∣viledge in such cases) HAVE ALL THE SAINTS, Praise ye ••he Lord. And very good reason is there for it. For as Nature it selfe hath instructed Lyons, Beares, Wolves, Boares, Stagges, Backes, and most other beasts, not onely to defend themselves against the violence of one another, but even of Men their supreame Lords, when they assault and hunt them to take away their lives, over which God hath given men a lawfull power: much more then may men by natures dictate, defend their persons, lives against the unlawfull violence of their kings or Armies (over which God hath given them no power at all but in a legall way of justice for capitall offences) when they assault or make warre upon them to destroy them. Not to trouble you with Histories of Stagges and other beasts which have killed men th••t chased them, in their owne defence, of which there are infinite examples in the* 1.85 Roman and Spanish Histo∣ries, in those Amphithreatricall sports and spectacles wherein men encountred and fought with Lyons, Tygers, Beares, Buls and other savage B••asts; I shall onely recite some few examples even of Kings themselves, who have beene slaine and devoured by such beasts as they have chased:* 1.86 Mad•••• King of Britain (as Polycronicon Fa∣bian,

Grafton and others record) being in his disport of hunting, was slain of the wilde beasts he pursued, when he had reigned 40. yeares: so was his sonne King Mempris slaine and destroyed in hunting in the same manner. Merind•••• King of Brittaine, was devoured by a Sea monster which he encountered: and* 1.87 Basilius the 33. Emperour of Constantinople hunting a Stag, of an extraordinary greatnesse, and thi•• king to cut off his necke with his sword; the Stagge ranfiercely at him, gored him with his hornes on which he tossed him, bruised his entralls, whereof he dyed some few dayes af∣ter, and had beene slaine immediately, on the beasts hornes, had not one there present drawne his sword and cut off his girdle, by which he hung on the hornes, to whom he gave a very ill requitall for this loyall service: other stories of kings slaine by beasts in their owne defence occure in story, and examples of kings slaine by men in and for their preservation, are almost innumerable: that of our king* 1.88 Edmond is observable among others, who as our Historians write being at a feast at Pulkers Church on Saint Augu∣stines day, espied a theefe named Leof, whom he had formerly banished, sitting in the Hall, whereupon he leapt over the Table, assaulted Leof, and plucked him by the haire of the head to the ground; who in his owne defence, wounded the king to death with a knife, hurt many of his servants, and at length was himselfe hewen all in peeces. But that of our King* 1.89 Richard the 1. is more remarkeable, who being shot in the arme with a barbed Arrow by one Peter Basil, (or Bertram Gurdon as others name him) at the siege of Chaluz Castle in Aquitain which rebelled against him; the Castle being taken, and the king ready to dye of the wound, commanded the person that shot him to be brought into his presence, of whom he demanded, What hurt he had done him that provoked him to this mischiefe? To whom he boldly replyed: Thou hast killed my father and my two Brothers with thine own hand; and now wouldest have slain me: take what revenge thou wilt; I shall willingly endure what ever torture thou canst inflict upon me, in re∣spect I have slaine thee, who hast done such and so great mischiefe to the world. The king hea∣ring this his magnanimous answer, released him from his bonds, (though he slew the rest) and not onely forgave him his death, but commanded an hundred shillings to be given him. If then bruites by the very law of Nature have thus defended themselves against kings, who have violently assaulted them, even to the casuall death of the assailants: Why men by the selfesame Law, may not justly defend themselves against the unjust assailing warres of their Princes, and Armies, without Treason or Rebellion, exceeds my shallow understanding to apprehend: and I doubt those very persons who now plead most against it, onely to accomplish their owne pernicious designes, would make no scruple of such a necessary defensive wars and resistances lawfulnesse, were the case but really their own; and those Papists and Cavalieers who now take up armes against the Parliament, the supreamest lawfull power in the Realme, and their owne native Country, without checke of Conscience, would doubtlesse make no bones at all forcibly to resist or fight against the King himselfe, should he but really joyne with the Parliaments Army, against them and their designes; there being never any Souldier or Polititian, but those onely who were truely sanctified and religious, that made any conscience of fighting against, yea murthering of his naturall king, not onely in a lawfull defensive warre, but in a Trayterous and R••bellious manner too, if he might thereby advantage or promote his owne particular interests, as is evident by the coun∣cell and speech of Davids souldiers, and King Saul himselfe. 1 Sam. 24. 4. 5. 6. 7. 18. 19. 21. by the words of Abishai, to David, 1 Sam. 28. 8. 9. 23. 24. by the Coun∣cell

of Achitophell, which pleased Absolon, and all the Elders of Israel well, 2 Sam 17. 1. 2. 3. 4▪ and the infinite number of Emperours, of Kings, which have beene trayte∣rously, and rebelliously slaine, without any just occasion by their own Souldiers, and that in a meere offensive, not defensive way; above halfe the Roman, Grecian, and German Emperours dying of such assassinations, or poysonings, very few of them of meere naturall deathes, as the Histories of their lives declare.

Eighthly, It is in a manner agreed byy 1.90 Historians, Polititians, and Divines, that if a King will desert the defence and Protection of his people in times of warre and dan∣ger, and neither ayde nor protect them against their enemies according to his Oath and Duty, they may in such a case of extremity, for their owne necessary defence and pre∣servation, desert him, who deserteth them, and elect another King, who can and will protect them from utter ruin. Vpon this very ground thez 1.91 Brittons of this Nati∣on after many hundred yeares subjection to the Roman Emperors, rejected their yoake and government, when they refused and neglected to defend them against the barbarous Picts and others, who invaded them, when they had oft craved their assi∣stance; electing them other Patriots: So thea 1.92 Spaniards being deserted by the Roman Emperors and left as a prey to their enemies; abandoned their government, and elected them Kings of their owne to protect them, which they justified to be lawfull for them to doe. And in like manner the Romans and Italians being forsaken of the Emperour Constantine, when they were invaded byb 1.93 Aistulfus King of the Lumbards; Elected Charles the Great for their Emperour, and created a new Empire in the West, distinct from that of Constantinople in the East, which Bishop Bilson himselfe concludes they might lawfully doe, in point of conscience. Soc 1.94 Childerick being unfit to governe, and unable to repulse the enemies of the French which invaded his territories; there∣upon by the advise of Pope Zachary, and of a whole Synod and Parliament in France, they deposed Childericke, and elected P••pin for their King, who was both able and willing to protect them; Vpon this very ground thed 1.95 Emperours Charles the third, and Wencestius were deposed, as being unable and unfit to defend and governe the Empire, and others elected Emperors in their steeds, Thus* 1.96 Mahomet the blinde, King of Granado, was in the yeare 1309. deposed by his owne Brother, Nobles, and Subjects, who were discontented to be governed by a blinde King, who could not lead them to the warres in person. And* 1.97 Ethodius the 2^d king of Scotland, being dull of wit, given to avarice, and nothing meete to governe the Realme; thereupon the Nobles tooke upon them the governmēt, appointing Rulers in every Province, & so continued them all his reigne, leaving him nothing but the bare title of a King, (not depriving him thereof, out of the respect they gave to the family of Fergusius) but yet taking away all his regall power. And not to multiply cases or examples of this nature:e 1.98 Andrew Favine in his Theatre of Honour, out of the Chronicle of Laureshe••m and A••monius in his 4^th Booke of the History of France, relates a notable resolution given by the Parlia∣ment & Estates of France in this very point. In the yeare 803. Lewes the De••onnaire king of France holding his Parliament in May, there came thither from strange Provinces two Brethren, kings of Vuilses, who with frank & free good will submitted themselves to the judgement of the said ••arliament, to which of them▪ the kingdome should be∣long. The elder of these two brethren was named Miligastus, and the yonger Celea∣••raeus, Now albeit the custome of the said kingdome, adjudged the Crowne to the eldest, according to the right of 〈◊〉〈◊〉 allowed and practised by the Law of

Nature, and of later memory, in the person of the last dead King Liubus, father to the two contendants; yet notwithstanding in regard that the Subjects by universall consent of the kingdome, had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT (cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret) and had given the Crown to the younger brother FOR HIS VALOVR & DISCREETE CARRIAGE; after full hearing of both parties, BY SENTENCE of PARLIAMENT, the Kingdome was adjudged to the younger Brother, (stat••••t ut junior frater delatam sibi à Populo suo pot••statem ha∣beret, &c) and thereupon the eldest did him homage, with oath of Alleigance in the said Parliament, and submitted to this sentence. And upon this very ground in f 1.99 some of our ancient British and Saxons Kings Reignes▪ when the right heire to the Crowne was an infant, unable to defend his kingdome and people against invading enemies, the Crowne hath commonly descended to the Vncle or next heire of full age, who was able to protect them and repulse their enemies, till the right heire accompli∣shed his compleat age, as I have elsewhere manifested. If then a Kingdome by gene∣rall consent; may elect a new King to defend and preserve it, in case of invasion and eminent danger of ruine by forraigne enemies, when their present King either cannot, or will not doe his duty in protecting them from their enemies, and exposeth them for a prey to their devastations, as these examples and authorities conclude they may, though I will not positively determine so. Then certainely by equall, semblable and greater reason, subjects may lawfully take up necessary defensive Armes against their Kings, when they shall not onely desert, but actually invade and wage warre against them, destroy and wast them in an open Hostile manner, and handle them as cruelly as the worst of enemies: such a wilfull unnaturall Hostile invasion, being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy. And if Kings in case of ••ot••ishnesse or Lunacy may be lawfully deposed from their kingdomes by common consent of their Realmes, when they are altogether unfit or unable to governe, as Bishop Bilson asserts, and I have manifested elsewhere: then much more may they be lawfully resisted by force without guilt of Treason or Rebel∣lion, when they wilfully and maliciously, contrary to their oath and duty, cast off their Royall governments, the protection of their subjects, and wage open warre against them, to enslave or ruine them. If a Father shall violently and unjustly assault his sonne, a husband his wife, a master his servant, a Major or other inferior Officer, a Citizen to murther, maime, or ruine them; They may in such a case byg 1.100 the Law of Nature, God, man, resist, repulse them in their owne defence without any crime at all, as dayly practise ex∣perimentally manifests; yea they may sweare the peace against them, and have a Writ h 1.101 de securitate Pacis in such cases. Therefore by the selfefame reason they may resist the King and his Army in like cases; there being no more humane nor divine Law against resistance in the one case, than in the other.

Finally, it is the resolution of i 1.102 Iohn Bodin and others, who deny the lawfulnesse of Subjects taking up Armes against their Soveraigne Prince, or offering violence to his person, though he become a Tyrant:

That if a Soveraigne Prince or King by lawfull election or succession turn•• a Tyrant, he may lawfully (at his Subjects request) be invaded resisted, cond••m••ed or slaine by a forraigne Prince. For as of all Noble acts, none is more honourable or glorious, then by way of fact to defend the honour, goods, and l••ves of such as are unjustly oppressed by the power of the more mighty, especially the gate

of Iustice being shut against them: thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian, and no meanes to have redresse of his wrongs: So it is a most faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people, unjustly oppressed by the cruelty of a Tyrant: as did the great Hercu••es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters, that is to say, Tyrants; and so delive∣red people, for which he was numbred among the gods, his posterity for many worlds of yeares after, holding most great Kingdomes. And other imitators of his vertue as Dio, Timoilion, Aratus, Harmodius, Aristogiton, with other such honoura∣ble Princes, bearing Titles of chastisers, and correctors of Tyrants. And for that onely cause Tamerlain Emperour of the Tartars, denounced warre unto* 1.103 Bajazet King of the Turkes, who then besieged Constantinople, saying, That he was comming to chastise his Tyrannie, and to deliver the afflicted people; and vanquishing him in battle, routed his Army, and taking the Tyrant prisoner, he kept him in chains in an Iron Cage till he dyed. Neither in this case is it materiall that such a vertuous Prince being a stranger, proceede against a Tyrant by open forc••, or fiercenesse, or else by way of justice. True it is that a valient and worthy Prince, having the Tyrant in his power, shall gaine more honour by bringing him unto his tryall, to chastise him as a murtherer a manqueller, and a robber; rather than to use the Law of Armes against him. Where∣fore let us resolve on this, that it is lawfull for any stranger (Prince) to kill a Tyrant, that is to say, a man of all men infamed, and notorious for the oppression, murder, and slaughter of his subjects and people.

And in this sort, our* 1.104 Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spainte and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor, upon their sollicitation. If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppres∣sions of their kings (as the Barons in* 1.105 King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie) and those Princes in such cases, may justly kill, depose, or judicially condemne these oppressing Kings and put them to death. I conceive these whole kingdomes and Parliaments may with farre better reason, lesse danger, and greater safety to themselvs, their Kings and Realmes take up defensive Armes of their owne to repulse their violence. For if they may lawfully helpe them∣selves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them, nor particular interest in the differences betweene their kings and them, which can hardly be effected with∣out subjecting themselves to a forraigne power; the death or deposition of the oppres∣sing King: much more may they defend and releeve themselves against him by their owne domesticke Forces, if they be able, by generall consent of the Realme; because they have a particular interest and ingagement to defend their owne persons, estates, liberties, which forraigners want; and by such domesticke Forces may prevent a for∣raigne subjection, preserve the life of the oppressing Prince, and succession of the Crowne in the hereditary line; which* 1.106 forraigne Armies most commonly endanger. And certainely it is all one in point of Reason, State, Law, Conscience, for Subjects to relieve themselves, and make a defensive warre against their Soveraigne by for∣raigne Princes Armes, as by their owne: and if the first be just and lawfull, as all men generally grant without contradiction; and Bract••n to l. 2. c. 16. I see no colour but

the latter must bee just and lawfull too, yea then the first rather, because lesse dan∣gerous, lesse inconvenient to King and Kingdome.

From Reasons, I shall next proceed to punctuall Authorities. Not to mention our ancienth 1.107 Brittons taking up of armes by joint consent, against their oppres∣sing, tyrannizing Kings A••chigallo, Emerian, and Vortigern, whom they both ex∣pelled and deposed, for their tyranny and mis-govenment; nor our Saxo••s. ray••sing defensive Forces against King Sigebert, Osred, Ethelred, Beornard, Ceolwulfe and Edwyn, who were forcibly expelled, and deprived by their Subjects for their bloody cruelties and oppressions; which actions the whole Kingdome then, and those Historians who recorded them since, reputed just and honourable, and no Treaso∣nor R••bellion in Law or Conscience, being for the Kingdomes necessary preserva∣tion, and the peoples just defence; which Histories I have elsewhere more large∣ly related. Nor yet to insist long on the fore-mentioned Barons warre, against king Iohn and Henry the 3^d. for regaining, establishing, preserving Magna Cha••ta, and other Liberties of the Realme, which our Kings had almost utterly deprived them off; I shall onely give you some few briefe observations touching these warres, to cleare them from those blacke aspersions of Rebellion, Treason, and the like, which some late Historians (especially Iohn Speed) to flatter those Kings to whom they Dedicated their Histories, have cast upon them, contrary to the judgement of our ancienter Choniclers, and Matthew Paris; who generally repute them lawfull and honourable.

First then consider, what opinion the Prelates, Barons, and Kingdome in generall, had of these Warres at first,i 1.108 Anno 1••14. in a Parliament held at Pauls the 16. yeare of King Iohns raigne, Steven Langton Archbishop of Canterbury, produced a Charter of King Henry the First, whereby he granted the Ancient Libert••es of the Kingdome of England (which had by his Predecessors beene oppressed with unjust exa∣ctions, according to the Lawes of King Edward, with those emendations, which his Fa∣ther, by the cou••sell of his Barons, did ratifie: which Charter being read before the Barons, they much rejoyced; and swore in the presence of the Archbishop,; that for these Liberties they would, if need required, spend their blood: which being openly done in Parliament, they would never have taken such a publike solemne Oath, had they deemed a Warre against the King, for recovery, or defence of these their Liberties unlawfull, and no lesse then Treason and Rebellion in point of Law or Conscience. After this the Barons assembling at Saint Edmond bury, conferred about the said Char∣ter, and swore upon the high Altar, That if King Iohn refused to confirme and restore unto th••m those Liberties (the Rights of the Kingdome) they would make Warre upon him, and withdraw themselves from his Allegiance, untill he had ratified them all w••th his Charter under h••s great Seale. And further agreed, after Christmas to Petition him for the same, and in the meane time to provide themselves of Horse and Furniture to be ready, if the King should start from his Oath made at W••nchester, at the time of his absolution, for confirmation of these Liberties, and compell him to satisfie their de∣mand. After Christmas they repaire in a Military manner to the King, lying in the new Temple, urging their desires with great vehemencie: the King seeing their resolution and inclination to warre, made answer, That for the matter they requi∣red, he would take consideration till after Easter next, In the meane time, he tooke up∣on him the Crosse, rather through feare, then devotion, supposing himselfe to bee

more safe under that Protection: And to shew his desperate malice and wilfuln••sse (who rather then not to have an absolute domination over his people, to doe what he listed, would be any thing himselfe under any other that would but support him in his violences) he sent an Embassage (the most base and impious that ever yet was sent by any free and Christian Prince) unto Miramumalim the Moore, intituled the great King of Affrica, Morocco, and Spaine; wherein he offered to render un∣to him his Kingdome, and to hold the same by tribute from him as his Soveraigne Lord; to forgoe the Christian Faith, as vaine, and to receive that of Mahomet, im∣ploying Thomas Hardington and Ralph Fitz-Nicholas, Knights, and Robert of Lon∣don Clerke, Commissioners in this negotiation; whose manner of accesse to this great King, with the delivery of their Message, and King Iohns Charter to that ef∣fect, are at large recited in Mathew Paris, who heard the whole relation from Ro∣bert one of the Commissioners, Miramumalim having heard at large their Message, and the Description of the King and Kingdome, (governed by an annointed and Crowned King, knowne of old to be free and ingenuous; ad nullius, praeterquam Dei spectans dominationem) with the nature and disposition of the people, so much dis∣dained the basenesse and impiety of the Offerer, that fetching a deepe sigh from his heart, he answered,

I have never read nor heard, of any King possessing so pro∣sperous a Kingdome, subject and obedient to him, who would thus willingly ruine his Principality, as of free to make it tributary, of his owne to make it anothers, of happy to make it miserable, and to submit himself to anothers pleasure, as one conque∣red without a wound. But I have heard and read of many, who with effusion and losse of much blood (which was laudable) have procured liberty to themselves; mo∣do autem au••io, quod Dominus vester miser, deses & imbellis, qui nullo null or est, de li∣bero servus fieri desiderat, qui omnium mortalium miserrimus est. After which he said; That the King was unworthy of his Confederacie; and looking on the two Knights with a sterne countenance, he com••anded them to depart instantly out of his presence, and to see his face no more;

whereupon they departing with shame; hee charged Robert the Clerke, to informe him truely what manner of person King Iohn was: who replied,

That he was rather a Tyrant then a King; rather a Subverter then a Gover∣nour; a Subverter of his owne Subjects, and a Fosterer of Strangers; a Lyon to his owne Subjects, a Lambe to Aliens and Rebels; who by his sloathfulnesse had lost the Dutchy of Normandy, and many other Lands, and moreover thirsted to lose and destroy the Kingdome of England: An unsatiable Extortioner of mo∣ney; an invader and destroyer of the possessions of his naturall people, &c.

When Miramumalin heard this, he not onely despised, as at first, but detested a••d accursed him, and said:

W••y doe the miserable English permit such a one to raigne and domi∣neer over them?

Truely, they are effeminate and slavish: To which Robert answe∣red:

the English are the most patient of all men, unti••l they are offended and dam∣nified beyond measure. But now they are angry, like a Lion or Elephant, when he perceives himselfe hurt or bloody; and though late, they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it:

W••ereupon he reprehended the overmuch patie••ce an•• fearefulnesse of the English; and dismissed these Messengers; who returning and relating his Answer to King Iohn, he was ex∣ceeding sorrowfull, and in much bitternesse of Spirit, that he was thus contemned and disapointed of his purpos••. Yet persisting in his pre-conceived wicked designe to

ruine his Kingdome and people, and hating all the Nobility and Gentry of England, with a viperous Venom, he sets upon another course; and knowing* 1.109 Pope Iuno cent to be the most ambitious, proud, and covetous of all men, who by gifts and pr••mises would be wrought upon, to act any wickednesse: Thereupon he hastily dispatcheth mes∣sengers to him with great summes of Money, and a re-assurance of his tributary Sub∣jection, (which shortly after he confirmed by a new Oath and Charter,) to procure him to Excommunicate the Archbishop of Canterbury, and the Barons, whom he had for∣merly favoured; which things he greedily desired, that he might wrecke his malice on them by Dis•• inheriting, Imprisoning, and Spoiling them being Excommunicated: Which things when he had wickedly plotted, he more wickedly executed afterwards. In the meane time, the Barons foreseeing that nothing was to be obtained but by strong hand, assemble an Army at Stamford, wherein were said to be two thousand Knights, besides Esquires, and marched from thence towards Oxford, where the King expe∣cted their comming to answer their demands. And being come to Brack••ey with their Army, the King sends the Earle of Pembroke Mariscall, and the Archbishop of Can∣terbury, with others, to demand of them, what were those Lawes and Liberties they re∣quired? to whom they shewed a Schedule of them, which the Commissioners de∣livered to the King: who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdome? and swore he would never gra••t those Articles, whereby himselfe should be made a Servant. So harsh a thing is it to a power, that is once gotten out into the wide libertie of his will, to heare againe of any redu∣cing within his Circle. Vpon this answer, the Barons resolve to seize the Kings Ca∣stles; constitute Robert Fitz-walter their Generall, entituling him, Mariscall of the ARMY of GOD, a••d of HOLY CHVRCH: A Title they would ne∣ver have given their Generall, or Army, had they deemed this Warre unlawfull in Law or Conscience. After which they tooke divers of the Kings Castles, and are ad∣mitted into London; where their number daily increasing, they make this Protesta∣tion; Never to give over the prosecution of their desire, till they had constrained the King (whom they held perjured) to grant them their Rights. Which questionlesse, they would not have done, had they not beleeved this Warre to be just and lawfull. King Iohn seeing himselfe in a manner generally forsaken of all his people, and Nobles, having scarce 7. Knights faithfull to him (another strong argument, that the peo∣ple and Kingdome generally apprehended, this taking up armes against the King to regaine, to preserve their hereditary Rights and Liberties, to be lawfull) counter∣feits the Seales of the Bishops, and writes in their Names to all Nations, That the English were all Aposta••es, and whosoever would come to invade them, hee, by the Popes consent, would conferre upon them all their Lands and Possossio••s. But this de∣vice working no effect, in regard they gave no credit to it, and found it apparantly false; the King seeing himselfe deserted of all, and that those of the Barons part were innumerable, (cum tota Angliae Nobilitas in unum collecta, quasi sub numero non cadebat, writes Mathew Paris, another argument of the justice of this cause and warre, in their beliefes and consciences; at last condescended to grant and con∣firme their Liberties, which he did at Running-Meade, in such sort as I have former∣ly related. And though the Pope afterwards for his owne private ends and interest, (bribed by King Iohn, who resigned his Kingdome to him, and became his Vassall, without his peoples consent, which resignation was judged voide,) excommunicated

the Barons withall their assistance; Qui Ioha••nem illustr••m Reg••m Anglorum Cruce signatum, ET VASALLVM ROMANAE ECCLESIAE (an ho∣nourable Title indeed for a King) pers quuntur, molientes ei Reg••um auferre (which this Pope him selfe did but few yeares before, giving his Crown and Kingdome it selfe to King Phillip of France, which to save, he sordidly resigned up to the Pope) quod ad Ronanam Ecclesiam dignosci••ur pertinere.l 1.110 Yet this Excommunication thus procured by bribery, proceeding not out of Conscience to preserve the Kings due Rights, but selfe-respects to support the Popes usurped interest and Title to the Realme; and being a wicked plot of the King, more wickedly ex••cuted by the Pope, (who as Matthew Paris writes, was AD OMNIA SCELERA pro praemijs datis v••l promissis cereus & proclivis) and the

London••rs, Barons, with divers Prelates then contemning it, as pronounced upon false suggestions, and especi∣ally for this cause, that the ordering of temporall affaires belonged not to the Pope,

Cum Petro Apostolo & ejus Successoribus non nisi Ecclesiasticarum dispositio r••rum a Domino sit collata potestas. And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy, with liberty. Vt quid ad no••∣se extendit Romanorum insatiata cupiditas? Quid Episcopis Apostolicis & Militiae nostrae? Ecce successores Constantini & non Petri, non imitantur Petrum in meri••is, vel operibus; nec assimulandi sunt in Potestate. Proh pudor, marcidi ribaldi, qui de armis vel li••eralitate minime norunt, jam toti mundo propter excommunicationes suas volunt dominari; ignobiles usurarij & Simoniales. O quantum dissimu••es Petro, qui sibi Petri usurpant partem? &c. I conceive this Excommunication rather justi∣fies then disproves the lawfulnesse of this their taking up of armes, and the warre insuing it being but for their owne just defence, when the King afterwards with fire, sword, and bloody barbarous Forraigne Forces wasted his Realme in a most inhu∣mane, tyrannicall maner, Factus de Rege Ty••annus; imo in bestialem prorumpens ferita∣tem, &c. which necessitated the Barons for their own preservation and the Kingdoms (devoted by this unnaturall Prince to Vassallage and utter desolation) to elect Lew••s of France for their King. Who, together with the Peeres and Estates of France, assembled at Lions concerning this Election; resolved it to be just and law∣full, and the Barons Defensive Warres against, and rejection of King Iohn for his Tyranny and oppressions, to be just and honourable, since they did but flee to these extraordinary remedies, and seeke for justice abroad, when they were denied it by him that should give it them in as or••inary way at home, chosing as King, in place of a Tyrant, asm 1.111 Matthew Paris, with then 1.112 generall History of France (written by Iohn de Serres, and Englished by Edward Grimston) m••re largely manifest.

Secondly, the Lawfulnesse and justnesse of the B••rons Warres in Defence of Mag∣na Chart••, with other their Hereditary Rights and Liberties, appeares most evident∣ly, by the resolution of all those Parliaments summoned by King Herry the 3^d. Ed∣ward the 1^•. 2. 3. Richard the 2^d and other our succeeding Kings; which have ma∣ny times, even byo 1.113 force of Armes, or Menaces; and sometimes by faire termes, caused these Kings by new Acts of Parliament of ratifie Magna Charta, the Char∣t••r of the Forest, with other Fundamentall Liberties, thus forcibly extorted from King I••hn at first; and constrained them to confirme hem with their Oathes and sol••mne publickep 1.114 Excommunications, to be published by the Bishops in their Diocesse twice eve∣ry yeare; oft solemnly vowing, and protesting, both in and out of Parliament, to de∣fend

these Lawes and Liberties, with their estates, armes, lives, blood; which their an∣c••st••rs had purchased with their blood; as I have manifested in the two first parts of this Discourse: All which they would no doubt have forborne, had they deemed it high Treason or Rebellion in point of Law, to take up armes against their Kings in defence o•• these Lawes and Privileges; neither would our Kings and Parliaments in times of Peace, have so frequently confirmed these Lawes and Immunities, as just and necessa∣ry for the peoples welfare, had they reputed their former purchases and confirmati∣ons by warre and armes, no lesse then Treason or Rebellion. And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured, and ratified Magna Charta, to take up armes in defence thereof; much lesse can it be Treason or Rebellion in the Parliament and Subjects now (by Votes, by Ordinances of both Houses) with force of armes to preserv••, not only these their hereditarie Charters, Lawes, Priviledges, but their very Lives, Estates; yea, the Privileges and being of Parliaments themselves, which are now invaded, endangered.

What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3^d. his Raigne, against this troublesome perfidious King, in defence of their Lawes, Liberties, Estates, appeares first, by the Dialogue betweene Agnel∣lus, a Frier minorite, one of King Henry his Counsell, (purposely sent to the Earle Marshall, then in armes against the King) and this Martiall Earle, in the Abbey of Morgan. Anno 1233. I will first relate the true state of that Warre, and then their Dialogue concerning it:q 1.115 King Henry by the ill counsell of Peter Bishop of Win∣chester, removed all his English Officers, Counsellors, and Servants from his Court, and put Poictovines, and Forraigners in their places, being ruled wholly by them; withall he puts the English Garisons out of all his Castles, and substitutes Forraigners in them, which dayly arived both with Horse and armes in great multitudes, and much opprested the people, calling them Traitors; so that the power and wealth of the Realme was wholly under their Command. The Earle Marshall seeing the Noble and Ignoble thus oppressed, and the rights of the Kingdome like utterly to be lost; pro∣voked with a zeale of Iustice, associating to himselfe other Noble men, goes boldly to the King, reproves him in the hearing of many,

For calling in those Poictovines, by evill Counsell, to the oppression of the Kingdome, and of his naturall Subjects, and like wise of Lawes and Liber••ies; Humbly beseeching him hastily to correct these excesses, which threatned the imminent subversion both of His Crowne and King∣dome, which if he refused to doe, he and the other Nobles of the Realme, would withdraw themselves from his Counsell, as long as he harboured those Strange••s.

To which Peter of Winchester replyed: That the King might lawfully call in what stran∣gers he would, for the Defence of his Kingdome and Crowne, and likewise so many, and such, as might compell his proud and rebellious Subjects to due Obedience. Where∣upon the Earle Marshall and other Nobles, departing discontented from the Court, when they could get no other answer, promised firmely one to another; That for this cause which concerned them all, they would manfully fight, ev••n to the separation of Soule and Body. After which, they seeing more Strangers arrive with Horse and armes every day, sent word to the King; That hee should foorthwith remove Bi∣shop Peter, and all his Strangers from his Court, which if he refused, they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉〈◊〉 him, with his wicked Counsellours, out of the Realm, and consult of chusing them

a new King. After these, and some other like passage, the King raysing an Army, besiegeth one of the Earles Castles; and not being able to winne it, and ashamed to raise his Seige without gaining it, he sent certaine Bishops to the Earle, and reque∣sted him; that since he had besieged his Castle, and hee could not with Honour depart without winning it, which he could not doe by force, that the Earle to save his Honour would cause it to be surrended to him, upon this condition, That hee would restore it certainely to him within 15. dayes, and that by advise of the Bishops h•• would amend ••all thing amisse in his Kingdome; for performance of which the Bi∣shops became his Pledges, and the King appointed a meeting at Westminster, on a set day betweene Him and the Lords: whereupon the Earle surrendred the Castle to the King, upon Oath made by the Bishops that it should be restored at the day. But the King refusing to deliver the Earle the Castle, according to promise, and threatning to subdue his other Castles; the Earle hereupon raiseth his Forces, winnes his Castle againe, routs divers of the Kings Forraigne Forces, at Gorsemond, Monmouth, and other places; and invaded the lands of his Enemies.

Vpon this occasion, Frier Ag∣nellus (or Lambe) acquaints the Earle, what the King, together with his Counsell and Court, thought of his proceedings; to wit, that the King said, he had proceeded over traiterously, and unjustly against him, yet he was willing to receive him into fa∣vour, if he would wholly submit himselfe to his mercy; and that others held it not just, safe, and profitable for him to doe it; because he had done wrong to the King, in that before the King had invaded his Lands or Person, he invaded and destroyed the Kings Lands, and flew his men; and if he should say, he did this in defence of his body and inheritance; they answered, no, because there was never any plot a∣gainst either of them; and that were it true, yet he ought not thus to breake forth against the King his Lord, untill hee had certaine knowledge, that the King had such intensions against him: ET EX TVNC LICERET TALIA ATTEMPTARE; and from thenceforth he might lawfully attempt such things, (by the Courtiers and Friers owne Confessions:) Vpon which the Marshiall said to Frier Lambe: To the first they say, that I ought to submit my selfe, because I have invaded the King: it is not true, because the King himselfe, (though I have beene e∣ver ready to stand to the Law and judgement of my Peeres in his Court, and have oft times requested it by many messengers betweene us, which he alwaies denied to grant) violently entred my Land, and invaded it against all justice: whom hoping in humility to please, I freely entred into a forme of peace with him, which was very prejudiciall to me: wherein he granted, that if on his part all things were not punctually performed toward me, I should be in my pristine state before that peace concl••ded; namely, that I should be without this homage, and obsolved from my allegiance to him, as I was at first by the Bishop of Saint Davids; Seeing then hee hath violated all the Articles of the Peace, IT WAS LAWFVLL FOR ME, According to my agreement, to recover what was mine owne; and to debilitate his power by all meanes; especially seeing he end eavoured my destruction, dis-inheritance, and seizing of my Body, of which I have certaine intelligence, and am able to prove it if neede be. And which is more, after the 15. daies truce, before I entred Wales, or made any defence, he deprived me of the Office of Marshall, without judgement, which belongs to me, and I have enjoyed by Inheritance, nei∣ther would he by any meanes restore mee to it; though required. Whence I have

plainely learned, that he will keepe no peace with me, seeing since the Peace hee handles me worse then before. Whereby I ceased to bee his Subject, and was absolved from his homage by him. Wherefore it was, and is lawfull for me to defend my selfe, and to withstand the malice of his Counsellors by all meanes. And whereas the Kings Counsellors say, it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am. It is true, the King is richer and more potent then I, but yet he is not more powerfull then God, who is Iustice it selfe, in whom I trust, in the confirmation and prosecution of my right, and of the Kingdomes. And whereas they say, the King can bring in Strangers of his kinred, who are neither Scots, nor French, nor Welsh, who shall make all his foes his Foot-stoole, and come in such multitudes, as they shall cover the face of the earth, and that he can raise seven men to my one: I neither trust in Strangers, nor desire their confederacie, nor will I invoke their aide, Vnlesse, which God forbid, inopinata & immutabili fuero compulsus necessitate; I shall be compelled by a sudden and immutable ne∣cessity; and I beleeve by his Counsells ill advise he will quickly bring in such mul∣titudes of Strangers, that he will not be able to free the Kingdome of them againe; for I have learned from credible men, that the Bishop of Winchester is bound to the Emperour, that the will make the Kingdome of England subject to him; which God in his providence avert. And whereas they say, That I may confide in the King and his Counsell, because the King is mercifull, credible, &c. It may well be that the King is mercifull; but he is seduced be the Counsell of those, by whom we feele our selves much hurt; and he is Noble and credible (whom God long preserve so) as much as in him lies; but as for his Counsell, I say, that no one promise made to me, was ever yet kept, and they have violated many corporall Oathes made to me, and the Oathes they tooke for observing Magna Charta, for which they re∣maine excommunicate and perjured. Yea, they are e••jured concerning the faithfull Counsell which they have sworne to give to our Lord the King, when as they have wilfully given him the Counsell of Achitophel, against justice; and corrup¦ted the just Lawes they have sworne to keepe, and introduced unusuall ones: for which, and for many other things, for which neither God nor man ought to trust them, or their complices, are they not every one excommunicated?

Rumor de veteri faciet ventura timeri: Cras poterunt fieri ••urpia sicut heri. Faelix quem faciunt aliena pericula cautum.

Whereas the said Counsellors of the King say, that I invaded the Kings body at Gorsmund Castle, before the King had entred my Land; and so I did injurie to the King, for which I ought to implore his mercie, least others should take example thence to raise up Armes against the King. I answer, that I was not there in person; and if any of my Family were there by chance, they invaded onely the Family of the King, not the person of the King: which yet if they had done, it were no wonder, seeing the king came with his Army into my Land, that he might in∣vade me, and oppresse me by all the meanes he could, which may appeare to all by the tenor of his Letters, by which hee made a generall assembly throughout England against my Army. And since the premises objected against mee are false,

and it is true, that the King hath treated me worse since the time I expected his mercy, then any time before, and doth yet use the same Counsell as then; and since he endeavours precisely to follow their Counsels in all things, by whose advise I suffer all the premised grievances; I ought not to prostitute my selfe to his mercy. Neither would this be for the Kings honour, that I should consent un∣to his will, which is not grounded upon reason. Yea, I should doe an injury to him, and to Iustice, which he ought to use towards his Subjects, and to maintaine. And I should give an ill example to all, by deserting Iustice, and the prosecution of right, for an erronious will against all Iustice, and the injury of the Subjects: For by this it would appeare, that we loved our worldly possessions, more then Iustice it selfe. And whereas the Kings Counsellours object, that wee have combined with the Kings capitall enemies, namely, the French, Scots, Welsh, out of hatred and dam∣mage to king and kingdome: That of the French is altogether false, and that of the Scots and Welsh too; excepting the king of Scots, and Leoline Prince of North∣••ales; who were not the kings enemies, but faithfull friends, untill by injuries offe∣red them by the King and his Counsell, they were by coertion against their wills, ali∣enated from their fidelitie, as I am. And for this cause I am confederated with them, that we may the better being united, then separated, regaine and defend our rights, of which we are unjustly deprived, and in a great part spoiled. Whereas the Kings Counsell propose, that I ought not to confide in my Confederates, because the King, without any great hurt to his Land, can easily separate them from my friend∣ship: Of this I make no great doubt, but by this the iniquity of his Counsellors doth most of all appeare: that in some sort they would cause the King to sustaine losse, by those whom he specially calls, capitall enemies, to injure mee who have alwaies beene his faithfull Subject, whiles I remained with him, and yet would be so, if he would restore to me and my friends our right. Whereas the said Coun∣sellors say, that the Pope and Church of Rome, doe specially love the King and king∣dome, and will Excommunicate all his adversaries, which thing is even at the dores, because they have already sent for a Legate: It pleaseth mee well, said the Marshall; because the more they love the King and kingdome, by so much the more will they desire that the King should treat his Realme and Subjects, accor∣ding to justice: And I am well pleased they should excommunicate the adversa∣ries of the Kingdome, because they are those who give Counsell against Iustice, whom workes will manifest; because Iustice and Peace have kissed each other; and because of this, where Iustice is corrupted, Peace is likewise violated. Also I am pleased that a Legate is comming, because the more discreet men shall heare our ju∣stice, by so much the more vilely shall the adversaries of Iustice be confounded.

In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King, his Counsell, and the Earle Marshall, as well against the King himselfe, if he invade his Subjects first, as any of his Forces who assist him. After which the Marshall flew many of his Enemies by an Ambuf••ado, while they thought to surprise him, and wasted and spoiled their goods, houses, lands; observing this generall laudable rule which they made, to doe no hurt, nor ill to any one, but to the Kings evill Counsellors by whom they were banished, whose goods, houses, woods, Orchards, they ••poiled, burnt, and rooted up. The King remaining at Glocester, heard of these proceedings of the Marshall, but his forces be∣ing

too weake, he durst not encounter him, but retired to Winchester with Bishop Peter, confounded with over much shame, leaving that Country to be wasted by his adversaries; where innumerable carcases of those there slaine lay naked and unburied in the wayes, being food to the beasts and birds of prey: a sad spectacle to passengers, which so corrupted the ayre, that it infected and killed many who were healthy. Yet the Kings heart was so hardned, by the wicked councell he followed, against the Mar∣shall, that the Bishops admonishing him to make peace with him, WHO FOVGHT FOR IVSTISE: he answered, that he would never make peace with him, unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor, he would implore his mercy. The Marshall both in England and I••eland; professed that he was no Traytor; that his warre being but defensive, was just; immu∣tabiliter affirmans, quod 〈◊〉〈◊〉 sibi de j••re quod suum er at re••etere, & posse Regis & Co••sil orum sicorum, modis omnibus quibus poterat, infirmare.

r 1.116 William Roshanger in his continuation of Matthew Paris, speaking of the death of Simon Monfort Earle of Leycester, slaine in the Battle of Ev••sham, the greatest Pillar of the Barrons warres; useth this expression. Thus this magnificent Earle Symon, en∣ded his labors, who not onely bestowed his estate but his pe••son also, for releiefe of the oppression of the poore, for the asserting of Iustice, and the right of the Realme: he was commendably skilfull in learning, a dayly fr••quenter of divine Offices, constant in word, severe in countenance, most confiding in the prayers of Religious persons, alwayes very respectfull to Ec••lesiasticall persons. He earnestly adheared to Robert Grosthead Bishop of Lincolne, and committed his children to his education. By his advise he handled difficult things, attempted doubtfull things, concluded things be∣gun, specially such things whereby he thought he might gaine desert. Which Bishop was said to have enjoyned him, as he would obtaine remission of his sinnes, that he should undertake this cause for which he contended even unto death, affirming, that the peace of the Church of England could never be esta••lished, but by th•• materiall sword and constant∣ly averting; THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME. Some say that this Bishop on a time, laying his hand on the head of the Earles eldest sonne, said unto him. O most deare sonne, thou and thy father shall both dye on one day, and with one hand of death; YET FOR IVSTICE AND TRVTH. Fame reports that Symon after his death grew famous by many miracles, which for feare of the King came not in publicke. Thus this Historian, thus Robert Grosthead the most devout and learned Bishop of that age, (who most of any opposed the Popes Vsurpations and exactions) determine of the justice and lawfulnesse of the Barons Warres; Walter Bishop of Worcester concurring in the same opinion with Grosthead. The sames 1.117 author Rishanger records; that the Earle of Glocester, a great stickler in these warres against the king with whom at last he accorded; signified to the King by his Letters Patents under his seale, that he would never ••eure Armes a∣gainst the King his Lord, nor against his Sonne Prince Edward, NISI DEFENDO; but onel•• in his Defence: which the King and Prince accepting of, clearely proves; that defensive Armes against King or Prince were in that age generally reputed Law∣full, by King Prince, Prelates, Nobles, People. I may likewise adde to this what I read int 1.118 Matthew Westminster, that Richard Bishop of Chichester the day before the battle of Lewis against King Henry and his sonne (who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine;) absolved all that went to fight

against the King their Lord from all their sinnes. Such confidence had he of the good∣nesse of the cause and justnesse of the warre.

In one word, ther 1.119 oath of association prescribed by the Barons to the King of Ro∣mans, brother to King Henry the third, in the 43. yeare of his Raigne; Heare all men, that I Richard Earle of Cornewall, doe here sweare upon the holy Evangelists, that I shall be faithfull, and diligent to reforme with you the Kingdome of England, hitherto by the councell of wicked persons overmuch disordered: and be an effectuall Coadjutor TO EXPELL THE REBELLS, and disturbers of the same. And this Oath I will inviolaby observe, under pa••ne of losing all the lands I have in England: So helpe me God. Which Oath all the Barrons and their associates tooke, (by vertue whereof they tooke up armes against the Kings ill Councellors, and himselfe when he joined with them,) sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse, the justnesse of their warres; and of all other necessarie defensive armes, taken up by the Kingdomes generall assent for preservation of its Lawes, Liber∣ties, and suppression of those Rebels, and ill Councellors who fight against, or labour to subvert them by their policies.

x 1.120 In the third yeare of King Edward the 2^d, this king revoking his great Mynion Piers Gav••ston, newly banished by the Parliament into Ireland, and admitting him into as great favour as before, contrary to his oath and promise: the Barrons hereupon by common consent sent the King word; that he should banish Piers from his company ac∣cording to his agreement, or else they would certainely rise up against him as a perjured person. Vpon which the King much terrified suffers Piers to abjure the Realme; who returning againe soone after to the Court at Yorke; where the king entertained him; the Lords spirituall and temporall, to preserve the liberties of the Church and Realme, sent an honourable message to the King, to deliver Piers into their hands, or banish him, for the preservatio•• of the peace, Treasure and weale of the Kingdome; this wilfull King de∣nies their just request; whereupon the Lords thus contemned and deluded, raifed an army, and march with all speede towards New-Castle, NOT TO OFFER IN∣IVRIE OR MOLESTATION TO THE KING, but to apprehend Peirs, and judge him according to Law: upon this the King fleeth together with Peirs to Tine∣mouth, and from thence to Scarborough Castle, where Piers is forced to render him∣selfe to the Barrons, who at Warwicke Castle, (without any legall triall by meere mar∣tiall Law) beheaded him, as a subvertor of the Lawes, and an OPEN TRAITOR TO THE KINGDOME. For which facts this King afterwards reprehending and accusing the Lords in Parliament, in the 7^th yeare of his Raigne; they stoutly answered, THAT THEY HAD NOT OFFENDED IN ANY ONE POINT, BV•• DESERVED HIS ROYALL FAVOVR, for they HAD NOT GATHERED FORCE AGAINST HIM (though he were in Piers his company, assisted, counte∣nanced, and fled with him) BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME: Whereupon there were two acts of oblivion passed by the King, Lords and Commons assembled in that Parliament, (Printed in they 1.121 2^d Part of old Magna Charta:) The first, that no person (on the Kings part) should be questioned, mole∣sted, impeached, imprisoned, and brought to judgement, for causing Pierce to returne from Exile, or barboring, councelling or ayding him bere after his returne: The second on the Barons part, in these words: It is provided by the King, and by the Archbishops, Bi∣sh••ps, Abbots, Priors, Earles, Bar••ns and Commons, of the Realme, assembled according

to our Command, and unun mously assented and accorded, that none of what estate or con∣dition soever he be, shall in time, t•• come be appealed or challenged, for the apprehending, deteining, or death of Peirsde Gaveston, nor shall for the said death be appr••hended▪ nor imprisoned, impeached, mol••sted, nor grieved, nor judgement given against him by us, nor by others at our suite, nor at the suite of any other, either in the Kings Court or elsewhere. Which act the King by his Writ, sent to the Iudges of the Kings Bench, commanding that t••is grant and concord shall be firme and stable i•• all its points, and that every of them should be held, and kept in per petuitie; to which end he commands them to cause this act to be there inrolled, and fi••mely kept for ever. A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme, in pursuance of the Act and sentence of Parliament for his banishment, though the King were in his company, and assisted him all he might, was then both by King and Parliament, ad∣judged no Treason, nor Rebellion at all in point of Law, but a just & honorable action: Wherefore their taking up Armes is not mentioned in this Act of oblivion, seeing they all held it just, but their putting Piers to death, without legall triall; which in strict∣nesse of Law, could not be justified. Now whether this be not the Parliaments and kingdomes present case in point of Law (who tooke up armes principally at first, for defence of their owne Priviledges of Parliament, and apprehention of delinquents who seducing the king withdrew him from the Parliament, and caused him to raise an Army to shelter themselves under its power against the Parliament) let every reasonable man determine: and if it be so, we see this ancient Act of Parliament re∣solves it, to be no high Treason, nor Rebellion, nor offence against the King; but a just, lawfull act, for the kings, the kingdomes honour and safety.

Not long after this, the twoz 1.122 Spensers getting into the kings favour, and seducing, miscouncelling him as much as Gaveston did; the Lords and Barrons hereupon in the 14^th and 15^th yeares of his raigne, confederated together, to live and dye for justice, and to their power to destroy the TRAITORS OF THE REALME, Especially the two Spensers: after which they raised an Army, whereof they made Thomas Earle of Lancaster Generall; and meeting at Sherborne, they plunder and destroy the Spensers Castles, Mannors▪ Houses, Friends, Servants, and marching to Saint Albanes with Ensignes displayed, sent Messengers to the King then at London, admonishing him not onely to rid his Court but Kingdome, if the TRAITORS TO THE REALME, the Spensers, (condemned by the Commons in many Articles) to preserve the peace of the Realme; and to grant them and all their followers Lette••s Pattents of indemnity, for what they had formerly done. Which the King at first denied but afterwards this Ar∣mie marching up to London, where they were received by the City, he yeelded to it, and in the 15^th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme (for mis-councelling the king, oppressing the people by injustice, advising him to lovie warre upon his Subjects, making evill Iudges and other Officers to the hurt of the King and Kingdome, engrossing the Kings eare, and usur••ing his Royall authority) as ENEMIES of the King and OF HIS PEOPLE: and by another Act of Parliament, it was then provided, that no man should be questioned for any fe∣lonies or trespasses committed in the prosecution of Hugh••e de Sponsers the father and sonne; which Act runnes thus?

Whereas of late many great men of the Realme sur∣mised to Sir Hugh le Despenser the sonne and Father, many misdemeanors by them committed against the estate of our Lord the King and of his Crowne, and to the

disinheritance of the great men and destruction of the people, and pursued those misdemeanors and attainder of them by force, because they could not be attainted by processe of Law, because that the said Sir Hughes had accroached to them the royall power in divers manner: the said Grandees having mutually bound themselves by oath in writing, without the advise of our Lord the King; and after in pursuing the said Hugh and Hugh, and their alies and adherents, the said great men and others, ri∣ding with banners displaied, having in them the Armes of the king and their owne; did take and occupie the Chattels, Villages, Mannors; Lands, Tenements, Goods, and likewise take and imprison some of the Kings leige people and others, tooke some and slew others, and did many other things, in destroying the said Hugh and Hugh, and their alies, and others in England, Wales, and in the Marches, whereof some things may be said Trespasses, and others felonies: and the said Hugh and Hugh, in the Par∣liament of our Lord the King, sommoned at Westminster three weekes after the Nati∣vitie of Saint Iohn Baptist the 15. yeare of his Raigne, for the said misdemeanors were fore judged and banished the Realme, by a vote of the Peeres of the Land; and the foresaid great men in the said Parliament, shewed to our Lord the King, that the things done in the pursuite of the said Hugh and Hugh, by reason of such causes of ne∣cessity, cannot be legally redressed or punished without causing great trouble, or per∣chance warre in the land, which shall be worse; and prayed our Lord, that of all alli∣ances, trespasses and felonies they might be for ever acquitted, for the preservation of peace, the avoyding of warre, and asswaging of angers and rancors, and to make unitie in the land; and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people, to maintaine and defend his Lands, and to make warre upon and grieve his enemies. It is accorded and agreed in the said Parlia∣ment by our Lord the King, and by the Prelates, Earles, Barrons, and Commons of the Realme there assembled by command of our Lord the King, that none of what e∣state or condition soever he be for alliance, at what time soever made, by deed, oath, wri∣ting, or in other manner, nor for the taking, occupying, or detainer of Chattels, towns, Mannors, Lands, Tenements, and goods taken, imprisoning or ransoming the Kings leige People, or of other homicides, robberies, felonies, or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men, their allies, or adherents in the pursuite aforesaid, since the first day of March last past, till the thursday next after the feast of the assumption of our Ladie, to wit, the 19. day of August next ensuing, be appealed, nor challenged, taken nor im∣prisoned, nor grieved, nor drawne into judgement by the King, nor any other at the suite of any other which shall be in the Kings Court or in any place else; but that all such trespasses and Felonies shall be discharged by this accord and assent: saving alwaies to all men, but to the said Hugh and Hugh, action and reason to have and recover their Chattels, Farmes, mannors, Lands, tenements, wards and marriages according to the Lawes and customes used in the Realme, without punishment against the king, or damages recovered against the party for the time aforesaid. For which end they pre∣scribed likewise a Charter of Pardon annexed to this Act according to the purport of it, which every one that would might sue out, which Charter you may read in old Magna Charta.

From which Act of Parliament I shall observe these three things. First, that this their taking up Armes to apprehend the Sp••••se••s as enemies to the King and kingdom,

and marching with banners displayd, was not then reputed high Treason or Rebellion against the King, though it were by way of offence, not of defence, and without any authority of Parliament: for there is not one word of Treason or Rebellion in this Act, or in the Charter of pardon pursuing it: and if it had beene high Treason, this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions, wouldb 1.123 not have pardoned these transcendent Capita••l crimes. Secondly, that the unlawfull outrages, robberies, and murders committed by the souldiers on the kings leige people, and not on the two Spensers the sole delinquents, were the occasion of this Act of oblivion and pardon, not the Armed pursuing of them, when they had gotten above the reach of Law. Thirdly, that though this were an offensive not de∣fensive warre, made without common assent of Parliament, and many murthers, rob∣beries, and misdemeanors committed in the prosecution of it upon the kings leige peo∣ple who were no Delinquents; yet being for the common good to suppresse and ba∣nish these ill Councellors, enemies, Traytors to King and Kingdome, the King and Parliament though it such a publicke service as merited a pardon of these misdemea∣nors in the carriage of it, and acquitted all who were parties to it, from all suites and punishments. All which considered, is a cleare demonstration, that they would have resolved our present defensive warre, by Authoritie of both Houses, accompanied with no such outrages as these; for the apprehension of such as have beene voted Traytors and Delinquents by Parliament, and stand out in contempt against its ju∣stice, for the defence of the Priviledges and Members of Parliament, the Liberties and properties of the subject, the fundamentall lawes of the Realme, the Protestant Re∣ligion now indangered by Papists up in Armes in England and Ireland to extirpate it, and the removing ill Counsellors from his Majestie; to be no high Treason, Rebellion or offence at all against the king, but a just and lawful Act, the very miscarriages wher∣of in the generall (except in such disorderly Souldiers for whom martiall Law hath provided due punishments) deserve a publike pardon both from King and Kingdome. And to put this out of Question; as no fancie of mine owne, we have an expresse Act of Parliament, resolving the taking up of Armes by the Queene, Prince, (both but subjects and capable of High Treason in such a case as well as others) the Nobles and people of the Realme against these two Spensers and other ill Counsellors about this king in the last yeare of his raigne, (though the King himself were in their Company, and taken prisoner by the Forces raised against them,) for the necessary preservation, reliefe, and safety of the Queene, Prince, Nobles, Kingdome, to be no high Treason nor offence at all: namely, the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large.

Whereas Hugh Spenser the Father, and Hugh Spenser the Sonne, late at the suite of Tho∣mas then Earle of Lancaster and Leycester, and Steward of England, by the common assent and vote of the Peers and Commons of the Realme, and by the assent of King Edward Father to our Soveraigne Lord the King, that now is, AS TRAITORS & ENEMIES OF THE KING, & OF THE REALME, were Exled, disinhe∣rited and banished out of the Realme for ever. And afterward the same Hugh by e∣vill Councell, which the king had about him, without the assent of the Peeres and Commons of the Realme, came againe into the Realme: and they with other pro••••cured the said king to pursue the said Earle of Lancaster, and other great men and people of the Realme, in which pursuite the said Earle of Lancaster and other great men and people of the Realme, were willingly dead and disinherited, and some

outlawed, banished, and disinherited; and some disinherited and imprisoned, and some ransommed and disherited: and after such mischiefe the said Hugh and Hugh Master Rob••rt Baldocke and Edmo••d Earle of Arundell usurped to them the Royall power, so that the king nothing did, nor would doe, but as the said Hugh and Hugh, Robert and Edmond Earle of Arundell did councell him, were it never so great wrong▪ during which usurpation, by duresse and force against the Will of the Commons, they purchased Lands, as well by fines levied in the Court of the said Edward, as otherwise and whereas after the death of the said Earle of Lancaster, and other great men, our Soveraigne Lord the King that now is, and Dame Isabel Queene of England, his Mother, by the Kings will and Common Councell of the Realme, went over to Franc••, to treate of peace betweene the two Realmes of England and France, upon certaine debates then moved. The said Hugh and Hugh, Robert and Edmond Earle of Arundell continuing in their mischiefe, encouraged the king against our Soveraigne Lord the king that now is, his sonne, and the said Queene his wife, and by royall po∣wer which they had to them encroached, as afore is said, procured so much grievance by the assent of the said King Edward, to our Soveraigne Lord the King that now is, and the Queene his mother, being in so great jeopardy of themselves in a strange Country, and seeing the Destruction, Dammage, Oppressions, and Distractions which were notoriously done in the Realme of England, upon holy Church, Prelates, Earles Ba∣rons, and other great men, and the Commonalty by the said Hugh and Hugh, Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them, to take as good Councell therein as they might. And seeing they might not remedie the same unlesse they came into England, with an Army of men of warre; and by the Grace of God with such puissance, and with the helpe of great men and Commons of the Realme, they have vanquished and destroyed the sayd Hugh and Hugh, Robert and Edmond: Wherefore our Soveraigne Lord King Edward that now is, at his Parlia∣ment holden at Westminster, at the time of his Coronation, the morrow after Candle∣mas, in the first yeare of his reigne, upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed, by the common coun∣cell of the Prelates, Earles, Barons, and other great men, and by the Commonalty of the Realme, there being by his Commandment, hath provided, ordained and stabli∣shed in forme following. First, that no great man, or other of what estate, dignity, or condition he be, that came with the said king that now is, and with the Queene his mother into the Realme of England, and none other dwelling in England, who came with the said king that now is,* 1.124 and with the Queene, In ayde of them to pursue their said enemies in which pursuite the King his Fat••er was taken and put in ward, and yet remaineth in ward, shall not be molested impeached or g••ieved in person or goods, in the kings Court, or other Court, for the pu••suite of the said king, taking and with holding of his body, nor pursu••te of any other, nor taking of their persons, goods, nor death of any man, or any other things perpetrate or committed in the said pursuite, from the day the said king and Queene did arme, till the day of the Coronation of the same king: and it is not the kings minde, that such offenders that committed my trespasse or other offence out of the pursuites should goe quit, or have advantage of this sta∣tute, but they shall be at their answere for the same at the Law. Item, that the repeale of the said Exile which was made by Dures and force be adnulled for evermore, and the said Exile made by award of the Peeres and Commons, by the kings assent as be∣fore

is said, shall stand in his strength in all points, after the tenure of every particular therein contained. Item, that the Executors of the Testament of all those that were of the same quarrell dead, shall have actions and recover the Goods and Chattels of them, being of the said quarrell, whose executors they be; as they of the same quarrell should, &c.

Certainely here was an higher pursuite and levying warre against the King and his evill Councellors, then any yet attempted by this Parliament; and a warre rather of∣fensive, then defensive, in which the king himself was both taken and d••t••ined Priso••••r, and then forced to resigne his Crowne to his sonne; yet this is here justified, as a ne∣cessary, just and lawfull warre by an Act of Parliament, never yet repealed; and all that bare Armes against the king and his ill Councellors, yea they who pursued, appre∣hended, and imprisoned the king himselfe, are, as to this particular, discharged by the king, and whole Parliament from all manner of guilt, or punishment, or prosecution whatsoever against them. Which consideration mak••s me somewhat confident, that this King and the Parliament held in the 25. yeare of his Raigne, ch. 2. Which declares it high Treason, to levie warre against the King in his Realm••, did never intend it of a necessary defensive warre against a seduced King and his evill Councellors (especially by the Votes of both Houses of Parliament, who doubtlesse would never passe any Act to make themselves, or their Posteritie in succeeding Parliaments, Traytors, for taking up meere necessary defensive Armes for their owne, and the Kingdomes pre∣servation) for that had beene diametra••ly contrary to this statute, made in the very first yeare and Parliament of this King; and would have l••yd an aspertion of High Treason upon the king himself, the Queene his Mother, their own Fathers, and many of them∣selves; who thus tooke up Armes and made a defensive kinde of warre upon King ••d∣war•• the 2^d, taking him p••isoner: but onely to Rebellious insurrections, of private persons, without any publick authority of Parliament, or the whole Kingdome in gene∣rall; and of meere offensive warres against the King without any just occasion, hostili∣tie or violence on the Kings part, necessitating them to take up defensive Armes: which I humbly submit to the judgement of those grand Rabbies and Sages of the Law, and the Honorable Houses of Parliament, who are best able to resolve, and are the onely Iudges to determine this point in controversie, by the expresse letter and pro∣vision of 25. Ed. 3. ch. 2. of Treasons.

In thec 1.125 first yeare of king Richard the 2^d. Iohn Mercer a Scot, with a Navie of Spa∣nish, Scottish & French ships much infested the Marchants and Coasts of England ••a∣king many prises without any care taken by the king, Lords, or Councell to resist them. Whereupon Iohn Philpot a rich Merchant of London, diligently considering the defect, that I say not treachery of the Duke of I ancaster, and other Lords who ought to defend the Realme, and gri••ving to see the oppressions of the people, did at his proper charge hire a thousand souldiers and set out a fleete, to take the said Mercers ships, with the goods he had gotten by Pyracie, and defend the Realme of England from such incur∣sions: who in a short time tooke Mercer prisoner, with 15. Spanish ships, and all the Booties he had gained from the English: whereat all the people rejoyced exceedingly, commending and extolling Philpot for the great love he shewed to his Countrey, and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence: Whereupon the Nobility, Earles and Barons of the Realme, conscious of this their negligence, and envying Philpot

for this his Noble praise-worthy action, began not onely secretly to lay snares for him, but openly to reproach him, saying: That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome: quasi non licuisset benefacere Regi VEL REGNO sine consilio Comitum & Baronum: (writes Walsingham) as if it were not lawfull to doe good to the King or Kingdome, without the advise of the Earles and Barrons, or Lords of the Privie Councell. To whom objecting these things, and especially to Hugh Earle of Stafford, who was the chiefe Prolocutor and spake most against it, Iohn Philpot gave this answere:

Know for certaine, that I have destinated my money, ships, and men to sea to this end, not that I might deprive you of the good name and honour of your Militia, or warlike actions, and engrosse it to my selfe, but pittying the misery of my Nation and Country, which now by your sloathfulnesse, of a most Noble kingdome, and Lady of Nations, is devolved into so great misery, that it lyeth open to the pillage of every one of the vilest Nations, seeing there is none of you, who will put your hand to its defence. I have exposed me and mine therefore for the Salvation of my proper Nation, and fr••eing of my Country.

To which the Earle and others had not a word to reply. From this memorable history and discourse (which I have translated verbatim ••ut of Walsingham,) I conceive it most evident, that in the default of king and Nobles, it is lawfull for the Commons and every parti∣cular subject without any Commission from the king or his Councell, in times of imi∣nent danger, to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies; as Philpot did, without offence or crime. Then much more may the Houses of Parliament, the representative body of the whole kingdome, and all private Subjects by their Command, take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king, Kingdome, Parliament, People from spoyle, and ruine.

Inc 1.126 the 8. yeare of King Richard the 2^d. there arose a great difference betweene the Duke of Lancaster, & the king & his young complices, who conspired the Dukes death; agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice, who boldly promised to passe sentence against him, according to the quality of the crimes objected to him. Vpon this the Duke having private intelligence of the••r trea∣chery, to provide for his owne safety, wisely withdrew himselfe, and posted to his Castleat Ponfract, storing it with Armes and Victualls. Hereupon not onely a private but publicke discord was like to ensue; but by the great mediation and paines of Ione the kings mother, an accord and peace was made betweene them: and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation, held no crime. If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely, much more must it be so in both Houses of Parliament, and the Kingdome, in case the Kings Forces invade them.

In thee 1.127 10^th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole, Robert Vcere Duke of Ireland, Alexander Nevill Archbishop of Yorke, Robert Trysilian, and other ill Councellors and Traytors to the kingdome, endea∣voured to seize upon the Duke of Glocester, the Earles of Arundell, Warwicke, Derby, Notingham, and others who were faithfull to the kingdome, and to put them to death, having caused them first to be indighted of High Treason at Nottingham Castle, and hired many Souldiers to surprise them: Hereupon these Lords for their owne just

defence, raised Forces and met at Harynggye Parke with a numerous Army: whereat the King being much perplexed, advised what was best for him to do. The Archbishop of Yorke and others of his ill Councell, advised him to goe forth and give them battle▪ but his wisest councellors disswaded him, affirming, that the King should gaine no benefit if hee vanquished them, and should sustaine great dishonour and losse if he were conquered by them. In the meane time Hugh Linne an old Souldier, who had lost his senses, and was repu∣ted a foole, comming in to the Councell, the King demanded of him in jest, what hee should doe against the Nobles met together in the saide Parke? who answered; Let us goe forth and assault them, and slay every mothers sonne of them, and by the eyes of God, this being finished, THOV HAST SLAINE ALL THE FAITHFVLL FRIENDS THOV HAST IN THE KINGDOME. Which answere, though uttered foolishly; yet wise men did most of all consider. At last is was resolved by the mediators of Peace, that the Lords should meete the King at Westminster, and there receive an answere to the things for which they tooke Armes; thither they came strongly Armed with a great guard, for feare of ambuseadoes to intrap them: where the Chauncellour in the Kings name spake thus to them. My Lords, our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner; would not rush upon you as he m••ght have easily done, had he not had care of you, and those who were with you: because no man can doubt, if he had raised an Army, he would have had many more men than you, and perchance much •• lood of men had beene spilt, which the King doth most of all abhorre, and therefore assuming to himselfe patience and mildnesse, he hath made choyce to convent you peaceably, and to tell him the reason why you have ass••m∣bled so many men. To which the Lords answered, That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME; AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM, WHICH HE CONTINVALLY DET AINED WITH HIM. T••e Traytors they appealed were the foresaid ill Councellors, and Nicholas Brambre the false London Knight: and to prove this appeale of them true, casting down their gloves they said they would prosecute it by Duell: The King answered; This shall not be done now, but in the next Parliament, which we appoint to be the morrow after the Purification of the bles∣sed Virgin, to which as well you as they comming, shall receive satisfaction in all things according to Law. The Lords for their owne safety kept together till the Parliament, and in the meane time d••feated the Forces of the Duke of Ireland, raised privately by the Kings Command to surprise them. The Parliament comming on in the 11. yeare of Richard the second: these ill councellors were therein, by speciall Acts attainted, condemned of High Treason, and some of them executed; and these defensive Armes of the Lords, for their owne and the Kingdomes safety, adjudged and declared to be no Treason: but a thing done to the honour of God, and Salvation of the King and his Realme: witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe. Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament, hath recei∣ved one Petition in the forme following. The Commons prayed, that whereas the last Parliament for cause of the great and horrible mischiefes and perills which ano∣ther time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON, by all his time before by Alexander late Archbishop of Yorke, Robert de Veere late Duke of Ireland, Michael de la Pole late Earle of Suffolk,

Rober Trisilian, late Iustice, and Nicholas Brambre Knight, with other their adherents, and others, Whereby the King and all his Realme, were very nigh to have beene wholly undone and destroyed; and for this cause, and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament, with a Commis∣sion to diverse Lords, for the weale, honour and safeguard of the King, his regalty and of all the Realme, the tenour of which Commission hereafter followeth: Richard, &c. as in the Act. And thereupon the said Alexander, Robert, Mighill, Robert, and Ni∣cholas and their said adherents, seeing that their said evill governance should be percei∣ved, and they by the same cause more likely to be punished by good justice to be done, and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore; made, conspired, & purposed divers horrible Treasons, and evils against the King, and the said Lords so assigned, and against all the other Lords and Commons, which were assenting to the making of the said Ordinance and Com∣mission, in destruction of the king, his Regalty, and all his Realme. Whereupon Thomas Duke of Glocester the kings Vncle, Richard Earle of Arundle, and Thomas Earle of Warwicke, perceiving the evill purpose of the sayd Traytors, did assemble themselves in forcible manner for the safety of their persons, to shew and declare the said Treasons and evill purposes, and thereof to set remedie; as God would, and came to the Kings presence, affirming against the said 5. Traytors appealed of High Treason, by them done to the King, and to his Realme: upon which appeale the king our Soveraigne Lord, adjourned the said parties till this present Parliament, and did take them into his safe protection, as in the record made upon the same appeale fully appeareth. And afterwards in gre••t Rebellion, and against the said protection, the said Traytors, with their said adherents and others aforesaid, continuing their evill purpose, some of them assembled a great power (by letters and Commission from the King himselfe, as Walsingham and others write) to have destroyed the said Duke and Earles appellants, and other the kings lawfull leige people, and to accomplish their Treasons and evill purposes aforesaid. Whereupon the said Duke of Glocester, Henry Earle of Darby, the sayd Earles of Arundell and Warwicke, and Thomas Earle Mar∣shall, Seeing the open Destruction of the King and all his Realme, if the said evill pur∣posed Traitors and their adherents, were not disturbed, which might not otherwise have beene done, but with strong hand; for the weale and safeguard of the King our Soveraigne Lord, and of all his Realme, did assemble them forcibly, and rode and pur∣sued till they had disturbed the said power gathered by the said Traytors, and their ad∣herents aforesaid, which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid, at the suite and appeale of the said Duke of Glocester, Earles of Darby, Arundle, Warwicke, and Marshall. That it would please our redoub∣led Soveraigne Lord the King to accept, approve, and affirme, in this present Parlia∣ment, all that was done in the last as afore, and as much as hath beene done since the last Parliament by force of the statute, Ordinance, or Commission aforesaid; and also All that the said Duke of Gloc••ster Earles of Arun••ell and Warwicke did; and that the same Duke and Earles, and the said Earles of Derby, and Marshall or any of them did, Or any other of their company or of their ayde, or of their adherents, or of any of them, or touching the Assemblies, Ridings, Appeales, and Pursuites aforesaid, •• As a thing made to the Honour of God, Salvation of the King, maintenance of his Crowne, and also of the Salvation of all his Realme (therefore doubtlesse no Treason

Rebellion, nor any offence in point of Law:) and also to Or 〈◊〉〈◊〉 and St••bl••sh, that' the said Duke of Gl••c••ster, Earles of Darby, Arundell, W••rwicke and Marshall, nor none of them, nor none of such as have beene of their returne, or company, force, ayde or councell, or any of them in the things aforesaid, nor none other person for any thing aforesaid shall be impeached, molested, or grieved at the suite of the king, nor of the party, nor in other manner, because of any assembly, riding, beating, levying of Penons, or of Banners, discomfiture, death of a man, imprisonment of any person, taking, leading away, or detinue of any horses or of any other beasts, taking or carriage of goods, harnesse, armour, cattle, and other movable goods, breaking of houses, or of other possessions or goods, assault, battery, robberies, thefts, comming or tarrying with force and armes, or armed in the Kings presence at the Parliament, or Councell, or else where. Raysing of people, or exciting the people to rise forcibly against the peace by letters, commissions, or any other deeds, or of any other thing that may be surmised by them, or any of them, or ought or purposed to have beene done from the beginning of the world, touching any of the said matters before the end of this present Parliament by any imagination, interpretation, or other colour, but shall bee quit and discharged for ever: except that the King be answered of all the goods, and cattels that were to them which be attainted in this present Parliament, or to any of them, and which goods and things were taken by any person the first day of Ianuary last past, or after hitherto. We considering the matter of the said Petition to be true, and the request of the said Commons in this party* 1.128 to be to the honour of God, and the profit of us and our Realme, of the assent of the Prelates, Dukes, Earles, Barrors and all others of this present Parliament, doe garnt the requests of the said Commons in all points, after the forme of the said Petition. And moreover of the assent aforesayd, we will and grant for the greater quietnesse of our said Realme, though that the said Duke or Earles appellants, or any other of their company, retinue, force, ayde, coun∣cell or adherents, or any of them have taken, led away, or withholden any of our Iusticers, or any other of our ministers, in disturbance of execution of the Law of our Realme of England, or in other manner, or that they have taken any manner of per∣son as Traitors to Us or to our Realme, or other person, and the same have volunta∣rily suffered to goe at large, or escape beyond the sea from the 14^th day of Novemb. last past, till the end of this present Parliament; that they nor any of them be for this cause impeached, molested, nor grieved any manner of way at the suite of us, our heires, nor none other party, but thereof they shall be quit, and discharged for ever; nor that they nor any of them be in any wise molested, grieved, nor impeached at the suite of us, our heires, or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them, or against any other person for this cause, nor for any other thing or deed to affirme the same purposes, till the end of this present Parliament, but thereof shall be acquitted.

This Act with others made the same Parliament continued inviolable without dispute for 10. yeers space, during w^ch there were 8. more Parliaments held w^ch approved in but it: 21 R. 2. the King havingf 1.129 violently seised upon the Duke of Glocester & the Earles of Warwicke and Arundell, and packed a Parliament to his minde, by not summoning any Lords thereto but those of his party, by causing divers Knights and Burgesses of his own nomination, never chosen by the people, to be returned in divers places, and overawing the rest with a guard or 4000. Cheshire Archers, caused these Lords to be illegally attainted of Treason upon fained pretences, out of this old grudge, and the

Acts of this Parliament to be reversed; yet not this Act, as I conceive, which is part of it, being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed, reversed, revoked, voyded, undone and anulled for ever, with all the Acts, circumstances, and dependants thereof: and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same; as a thing made for the great Honour and common profit of the Realme, and ch. 5.

It is ordained and assented, that the Lords and other which were forejudged in the Parliament holden the said 21. yeare, or by Authority of the same, which now be in life, and the heires of the Lords and others that be dead, shall be wholly restitute and restored to their names, all manner of inheritaments and posses∣sions, reversions, fees, reversions, offices, liberties, and franchises as intirely as the said Lords and others which be in life, or the Lords and other which be dead, ancestors of the heires, or the feoff••es of the said Lords or other aforesaid, or other feoffees to their use, were at the time of the judgement given against them, the said 21 yeare, by entrie, without other suite thereof to be made, or livery to be had of the same. And all the goods and chattels which were the said Lords, or the other persons aforesaid so forejudged, whereof the king is not answered, and be in the hands of the Sheriffes, Escheators, or other Officers, Ministers, or any other and concealed by them, the king wills and granteth, that the same Lords and other which now be in life, and the Exe∣cutors, and administrators of them that be dead; shall have thereof delivery and resti∣tution; and that the Sheriffes, Escheators, Officers and Ministers so occupying the said goods and chattels by such concealment, bee punished for the same con∣cealement.

So that by the expresse resolution of these two severall Parliaments, these Lords and Commons taking up defensive Armes and making war against those wicked Coun∣cellours of this King which sought their ruine, and endeavoured the destruction of the Realme (though they had the kings presence and commissions to countenance all their actions and proceedings of this nature, and the Lords wanted the Ordinances of both houses to authorize this their arming, and war) was solemnely declared and adjudg∣ed, to be no Treason nor Rebellion at all, nor levying of warre against the king, with∣in the statute of 25. E. 3. but contrarywise; a thing done to the honour of God, the Sal∣vation of the King, (for if the Kingdome perish or miscarry, the king as king must needs perish with it) the maintenance of his Crowne, (supported onely by the main∣tenance of the kingdomes welfare) and the Salvation and common profit of all the Realm: and this being one of the first solemne judgements (if not the very first) given in Par∣liament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war, must certainely be the best exposition of that Law: which the Pa••liament onely ought to interpret, as is evident by the statute of 21. R. 2 c. 3. (It is ordained and stablished, that every man which, &c. or he th•• raiseth the people and riseth against the King to make warre within his Realme; and of h••t be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne,) and other forecited Acts: and if this were no Treason, nor Rebellion, nor Trespasse in the Barons against the king or kingdome; but a warre for the honour of God, the sal∣vation of the king, the maintenance of his Crowne, the safety and common profit of ••ll the Realme; much more must our Parliaments present defensive warre against his Majesties 〈◊〉〈◊〉 Councellors, Papists, Malignants, Delinquents, and men of desperate fortunes, risen

up in Armes against the Parliament, Lawes, Religion, Liberties, the whole Kingdomes peace and welfare, be so too; being backed with the very same, and farre better, greater authority, and more publike reasons then their warre was, in which the safety of Religion was no great ingredient, nor the preservation of a Parliament from a forced dissolution, though established and perpetuated by a publike Law.

King Henry the 4^th. taking up Armes against King Richard, and causing him to be Articled against, and judicially deposed in and by Parliament for his Male-admini∣stration; It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall, nor other, of what estate or condition that he be, which came with King Henry into the Realme of England, nor none other persons whatsoever they be, then dwelling with∣in the same Realme, and which came to this King in aide of him, to pursue them which were against the Kings good intent, and the COMMON PROFIT OF THE REALME, in which pursuite Richard late King of England, the second after the Conquest, was pursued taken and put in Ward, and yet remaineth in Ward, be impeached, grieved, nor vexed in person, nor in goods, in the Kings Court, nor in none other Court, for the pursuites of the said King, taking and with-holding of his body, nor for the pursuits of any other, taking of persons and cattells, or of the death of a man, or any other thing done in the said pursuite, from the day of the said King that now is arived, till the day of the Coronarion of Our said Soveraigne Lord Henry. And the intent of the King is not, that offendors which committed Trespasses, or other offences out of the said pursuits, without speciall warrant, should be ayded, nor have any advantage of this Statute, but that they be thereof answerable at the Law. If those then who in this offensive Warre assisted Henry the 4^th. to apprehend, and depose this perfidious, oppressing tyrannicall king, seduced by evill Counsellors and his owne innate dis-affection to his naturall people, deserved such an immu∣nity of persons and goods, from all kinds of penalties, because though it tended to this ill kings deposition, yet in their intentions it was really for the common profit of the Realme, as this Act defines it. No doubt this present defensive Warre a∣lone against Papists, Delinquents, and evill Counsellors, (who have miserably wasted, spoiled, sacked many places of the Realme, and fired others in a most barbarous maner,* 1.130 contrary to the Law of Armes and Nations, and labour to subvert Religi∣on, Laws, Liberties, Parliaments, and make the Realm a common Prey) without any ill intention against his Majesties Person, or lawfull Royall Authority, deserves a grea∣ter immunity; and can in no reasonable mans judgement, be interpreted any Trea∣son, or Rebellion against the king, or his Crowne, in Law or Conscience.

Ing 1.131 the 33. yeare of king Henry the 6^th. (a weake Prince wholly gui••ed by the Queene and Duke of Somerset, who ruled all things at their wills, under whose Government, the greatest part of France was lost;) all things went to ruine both abroad and at home; and the Queene (much against the Lords and Peoples mindes.) preferring the Duke of Sommerset to the Captain ship of Calice, the Commons and Nobility were greatly offended thereat, saying, That he had lost Normandy, and so would he doe Calice. Hereupon the Duke of Yorke, the Earles of Warwicke and Salis∣bury, with other their adherents, raised an Army in the Marches of Wales, and Mar∣ched with it towards London, to suppresse the Duke of Sommerset with his Faction, and reforme the Governement. The king being credibly informed hereof, assembled his Host, and marching towards the Duke of Yorke and his Forces, was encountred

by them at Saint Albanes, notwithstanding the kings Proclamation to keepe the Peace; where in a set Battell, the Duke of Somerset, with divers Earles, and 8000. others were slaine on the kings part, by the Duke of Yorke, and his companions, and the king in a manner defeated. The Duke after this Victory obtained, remembring that he had oftentimes declared and published abroad; The onely cause of this War to be, THE ADVANCEMENT OF THE PVBLIKE WEALE, and TO SET THE REALME IN A MORE COMMO∣DIOVS STATE and BETTER CONDITION; Vsing all lenity, mercy, and bounteousnesse, would not once touch or apprehend the body of King Henry, whom he might have slaine, and utterly destroyed, considering that hee had him in his Ward, and Governance; but with great honour and due reverence, con∣veyed him to London; and so to Westminster: where a Parliament being summo∣ned and assembled soone after; It was therein Enacted, That no person should either judge or report any point of untruth of the Duke of Yorke, the Earles of Salisbury and Warwicke, For comming in Warlike manner against the King at Saint Al∣banes, Considering that their attempt and enterprise, Was onely to see the Kings Person in Safeguard and Sure-keeping, and to put and Alien from Him the pub∣like Oppressors of the Common wealth; by whose misgovernance, his life might be in hazard, and his Authority hang on a very small Thred. After this, theh 1.132 Duke, an•• these Earles raised another Army, for like purpose, and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards, by a packed Parliament at Coventree, by their Enemies procurement, Attainted of high Treason, and their Lands and Goods confiscated. But in the Parliament of 39. H. 6. cap. 1. The said attainder, Parliament, with all Acts and Statutes therein made, were wholly Rever∣sed Repealed, annulled; as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse, that they might injoy the Lands, Offices, Possessions, and Goods of the lawfull Lords and liege People of the King; and that they might finally destroy the said lawfull Lords, and Liege People, and their Issues and Heires forever (as now the Kings ill ••ounseilors, and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People, that they may gaine their Lands and Estates; witnesse the late intercepted Letter of Sir Iohn B••ooks, giving advise to this purpose to his Majestie:) and this Assembly was de∣clared; to be no lawful Parliament, but a devillish Counsell, which desired more the destru∣ction then advancement of the Publike weale; and the Duke, Earles, with their assi∣stants were restored, and declared to be Faithful and Lawful Lords, and Faithful liege People of the Realme of England, who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person, according to their Duty.

If then these two Parliaments acquitted these Lords and their companions, thus taking up Armes, from any the least guilt of Treason and rebellion against the King, because they did it onely for the advancement of the publike weale, the setting the Realme in a better condition the removing ill Counsellors; and publike oppressors of the Realme from about the King, and to rescue his person out of their hands: then questionlesse by their re∣solutions, our present Parliaments taking up defensive armes, upon the selfe-same grounds, and other important causes (and that by consent of both Houses, which they wanted) can be reputed no high Treason nor Rebellion against the King in point of Law; and no just, no rationall Iudge or Lawyer can justly averre the contrary,

against so many forecited resolutions in Parliament, even in printed Acts.

Thei 1.133 Earle of Richmund, afterward King Henry the seventh, taking up armes a∣gainst Richard the third, (a lawfull King, de facto, being crowned by Parliament; but an Vsurper and bloody Tyrant in Verity;) to recover his Inheritance, and Title to the Crowne, and ease the Kingdome of this unnaturall blood-thirsty Oppressor, before his fight at Boswell Field, used this Oration to his Souldiers, pertinent to our pur∣pose.

If ever God gave victory to men fighting in a just quarrell; or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey: or if he ever succoured them which adventured their lives for the reliefe of Innocents, suppression of malefactors, and apparent Offenders; No doubt, my Fellowes and Friends, but he of his bountifull goodnesse will this day send us trium∣phant victory, and a lucky revenge over our proud Enemies, and arrogant adversa∣ries; for if you remember and consider the very cause of our just quarrel, you shall ap∣parently perceive the same to be true, godly, and vertuous. In the which I doubt not but God will rather ayde us, (yea, and fight for us) then see us vanquished, and pro∣fligate by such as neither feare him, nor his Lawes, nor yet regard Iustice and honesty. Our cause is so just, that no enterprise can be of more vertue, both by the Laws Divine and Civill, &c. If this cause be not just, and this quarrell godly, let God, the giver of victory judge and determine, &c. Let us therefore fight like invincible Gyants, and set on our enemies like untimorous Tygers, and banish all feare like ramping Ly∣ons. March forth like strong and robustious Champions, and begin the battaile like hardy Conquerors; the Battell is at hand, and the Victory approacheth, and if wee shamefully recule, or cowardly fly, we and all our sequele be destroyed▪ and disho∣noured for ever. This is the day of gaine, and this is the time of losse; get this dayes victory, and be Conquerours; and lose this dayes battell, and bee villaines. And therefore in the name of God, and Saint George, let every man couragiously ad∣vance his standard: They did so, flew the Tyrannicall Vsurper, wonne the Field; And in the first Parliament of his Raigne, there was this Act of indemnity passed, That all and singular persons comming with him from beyond the Seas into the Real••e of England, taking his party and quarrell, in recovering his just Title and Right to the Realme of England▪ shall be utterly discharged, quit, and unpunisha∣ble for ever, by way of action, or otherwise, of or for any murther, slaying of men, or of taking and disporting of goods, or any other trespasses done by them, or a∣ny of them, to any person or persons of this his Realme against his most Royall Person, his Banner displayed in the said field, and in the day of the said field, &c.

Which battell though it were just, and no Treason nor Rebellion in point of Law in those that assi••ted King Henry the 7^th. against this Vsurper; yet because the killing of men, and seising their goods in the time of Warre, is against the very fun∣dam••ntall Lawes of the Realme, they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same: the true reason of all the forecited Acts of this nature, which make no mention of pardoning any Rebel∣lions or Treasons against the King, (for they deemed their forementioned taking up of Armes no such offences) but onely discharge the Subjects from all suites, actions, and prosecutions at Law for any killing or slaying of men, batteries, imprisonments, rob∣beries and trespasses, in seising of Persons, Goods, Chartels.

What our Princes and State have thought of the lawful••esse of necessary Defen∣sive

Warres of Subjects against their oppressing Kings and Princes, appeares by those aides and succours which our Kings in former ages have sent to the French, Flem∣mings, Almaines, and others, when their Kings and Princes have injuriously made Warres upon them, and more especially, by the publike ayde and assistance which ouri 1.134 Queene Elizabeth and King Iames by the publike advise and consent of the Realme, gave to the Protestants in France, Germany, Bohemia, and the Netherlands a∣gainst the King of France, the Emperour, and King of Spaine, who oppressed and made Warre upon them, to deprive them of their just Liberties and Religion, of which more hereafter. Certainely, had their Defensive Warres against their So∣veraigne Princes to preserve their Religion, Liberties, Priviledges, beene deemed Treason, Rebellion, in point of Law: Queene Elizabeth, King Iames, and our English State, would never have so much dishonoured themselves, nor given so ill an ex∣ample to the world, to Patronize Rebells or Traitours; or enter into any solemne Leagues and Covenants with them as then they did, which have been frequently renued and continued to this present.

And to descend to our present times; our King Charles himself hath not onely (in shew at least) openly aided the French Protestants at Ree and Rochel against their King who warred on them; the Germane Princes against the Emperour; the Hollanders, and Prince of O••a••ge, (to whose Sonne hee hath married his elstest Daughter) a∣gainst the Spaniard, and entred into a solemne League with them, (which hee could not have done in point of Law, Iustice, Honour, Conscience, had they beene Re∣bells or Traytors, for standing on their guards, and making defensive Warres onely for their owne and their Religions preservation;) but likewise by two severall pub∣likek 1.135 Acts of Parliament, the one in England, the other in Scotland, declaring, the Scots late ••aking up Armes against him and his evill Counsellors, in defence of their Religion, Law••s, Priviledges, to be no Treason, nor Rebellion; and them to bee his true and loyall Subjects (notwithstanding all aspertions cast upon them by the Pre∣laticall and Popish Party) because they had no ill or disloyall intention at all against his Majesties Person, Crowne, and Dignity, but onely a care of their owne preserva∣tion, and the redresse of th••se Enormities, Pressures, grievances in Church and State, which threatn••d desolation unto both. If then their seizing of the Kings Fortes, Am∣munition, Revenues, and raising an Army for the foresaid ends, hath by his Majesty himselfe, and his two Parliaments of England and Scotland, beene resolved and declared to be no Treason, no Rebellion at all against the King; by the very same, (or better reason, all circumstances duely pondered) our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid, neither is, nor can be adjudged Treason or Rebellion, in point of Law or Iustice.

In fine, the King himself in hisl 1.136 Answer to the 19. Propositions of both Houses, Iune 3. 1642. Confesseth, and calleth God to witnesse: That a•• the Rights of his Crowne are vested in h••m for his Subjects sake: That the Prin••e may not make use of his high and perpetuall power to the hurt of those, for whose good he hath it; nor make use of the name of publike Necessity, for the gaine of his private Favourites and Followers, to the detriment of his people; That the House of Commons may impeach those, who for their owne ends, though countenanced with any surreptitiously gotten Command of the King, have violated that Law, which he is ••ound (when he knowes it) to protect, and to protection of which they were bound to advise him, at least, Not to serve him in the

Contrary (let the Cavalleers and others consider this:) and the Lords being trusted with a Iudiciary power, are an excellent screene and banke betweene the King and peo∣ple, to assist each against any Incroachments of the other; and by just Iudgements to preserve that Law, which ought to be the Rule of every one of the three. Therefore the power Legally placed in both Houses, Being more then sufficient to prevent and re∣straine the power of Tyranny; by his Majesties owne Confession; it must needs be such a power as may legally inable both Houses, (when Armes are taken up against them, by the King or any other, to subvert Lawes, Liberties, Religion, and introduce an Arbitrary government;) not onely to make Lawes, Ordinances, and Assessements, but likewise to take up Armes to defend and preseve themselves, their Lawes, Liber∣ties, religion, and to prevent, restraine all forces raysed against them, to set up Ty∣ranny; else should they want not onely a more then sufficient, but even a sufficient necessary power, to prevent and restraine the power of Tyranny; which being once in armes cannot bee restraned, prevented, repulsed, with Petitions, Declarations, Lawes, Ordinances, or any Paper Bulwarkes and Fortifications, or other such probable or possible meanes within the Parliaments power,m 1.137 but onely by Armes and Militarie Forces, as reason and experience in all Ages mani∣fest.

From all which pregnant punctuall domesticke Authorities and resolutions of An∣cient, Moderne, and present times, I presume I may infallibly conclude; That the Parli∣aments present taking up necessary Defensive Armes, is neither, Treason, nor Rebelli∣on, in iudgement of Law; but a iust and lawfull Act, for the publicke benefit and preser∣vation of King, Kingdome, Parliament, Lawes, Liberties, Religion; and so neither their Generall, Souldiers, nor any person whatsoever imployed by them in this War, or contributing any thing towards its maintenance, are or can be Legally indicted, prosecuted, or in any manner proceeded against as Traitors, Rebels, Delinquents against the King or Kingdome; and that all Proclamations, Declarations, Indictments, or proceedings against them, or any of them, as Traitors, Rebels, or Delinquents, are utterly unlawfull, uniust, and ought to be reversed as meere Nullities.

It would be an infinite tedious labour for me to relate, what Civilians and Cano∣nists have written concerning Warre, and what Warre is just and lawfull, what not: In briefe, they all generally accord;n 1.138 That no Warre may or ought to be undertaken cut of covetousnesse, lust, ambition, cruelty, malice, desire of hurt, revenge, or fer booty: propter praedam enim militare peccatum est; Whence Iohn Baptist, Luke 3. 14. gave this answer to the Souldiers who demanded of him, what shall we doe? Doe vio∣lence to no man: neither accuse any man falsly; and be content with your wages. Ne dum sumptus quaeritur, praedo grassetur. Which prooves the Warres of our plundring, pil∣laging Cavalleers altogether sinnefull and unjust: And that such a Warre onely is just, which is waged for the good and necessary defence of the Common-wealth, by publike Edict or consent; or to regaine some thing, which is unjustly detained or taken away, and cannot otherwise be acquired: or to repell or punish some injury; or to curbe the insolency of wicked men, or preserve good men from their uniust oppressions; which Warres ought onely to be undertaken out of a desire of Peace; as they prove out of Augustine, Gregory, Isidor Hispalensis, and others. In one word, they all accord; That a necessary defensive Warre to repulse an Injury, and to preserve the State, Church, Republike, Freedomes, Lives, Chastities, Estates, Lawes, Liberties, Religion, from

unjust violence, is, and ever hath beene lawfull by the Law of Nature, of Nations; yea, By all Lawes whatsoever, and the very dictate of Reason: And that a necessary defensive Warre, is not properly a Warre, but a meere Defence, against an unlawfull Vi∣ol••nce; And therefore must of necessitie be acknowledged lawfull; because directly op∣posite to, and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions, which are both sinnefull and unlawfull. And so can be no Trea∣son, no Rebellion, no crime at all, though our Princes or Parents be the unjust assai∣l••nts. Of which see more in Hugo Grotius, de Iure Belli, l. 2. c. 1.

I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre, with the words of Albericus Gentilis, Professor of Civill Law in the Vniversitie of Oxford, in Queene Elizabeths Raigne, Who in his learned Booke, De Iure Bel••i & Pacis, Dedicated to the most illustrious Robert Devoreux Earle of Essex; (Father to the Parliaments present Lord Generall:) determines thus,

Lib. 1. cap 13 pag. 92. &c.

Although, I say, there be no cause of warre from nature, yet there are causes for which we undertake warre by the conduct of nature; as is the a 2.1 cause of Defence, and when warre is undertaken, because something is denied to to be granted, which nature it selfe affords, and therefore because the Law of nature is violated, Warre is undertaken. We say there is a three fold Defence, one Neces∣sary, another Profitable, a third Honest; yet wee shall deeme them all Necessary. b 2.2 He who defends himselfe, is said to be necessitated, neither will Baldus have us distinguish, whether he defend himselfe, his goods, or those under his charge, whe∣ther neere, or remote; His defence is necessary,c 2.3 and done for necessary defence, a∣gainst whom an armed enemy comes, and his against whom an enemy prepares him∣selfe: and to such a one the samed 2.4 Baldus truly teacheth, ayde is due by compact, whom others likewise approvee 2.5. This warre we may say, was anciently underta∣ken against Mithridates, and against his great preparations. Neither ought wise men to expect, till he had professed himselfe an enemy, but to looke more into his deeds, then words: Thus whiles we say necessity, we speake not properly, but we understand, that necessity which is not rare in humane affaires, and hath wont to bee called neede: which yet precisely is not that true necessity, &c.f 2.6 It is a most unjust conflict, where the one side being agent, the other is onely patient. There is a just de∣fence, and slaying, although the slayer might flee without danger, and so save him∣selfe, whether the slayer who defends himselfe be of that condition, that it would be a disgrace to him to flee, or whether it would be no disgrace.g 2.7 Which opini∣ons are received in the causes of private men; and to mee are much more appro∣ved in publike causes.h 2.8 Defence even in Bruites is a Law of nature:i 2.9 it is perswa∣ded and constituted in us, not by opinion, but by a certaine imbred faculty: and it is a necessary Law; for what is there (saith Cicero) that can be done against force, without force? This is the most approved above all Lawes.k 2.10 All Lawes, all Rights permit to repell force with force.l 2.11 There is one Law and that perpetuall, to defend safety by all meanes.m 2.12 All meanes are honest of preserving safety: this, rea∣son to the Learued, necessity to Barbarians, cust••me to Nat••ons, nature it selfe to wilde Beasts, hath prescribed; and this is no written, but borne, or native Law. Like∣wise, to defend our Estates, is a necessary defence, and this is a just cause of defen∣ding, if wee bee assaulted by ••arre, though wee our selves have demerited the warre: which things others, and Paulus Cas••ensis have taught. And it will fol∣low

and adde this reason; because the Law or Force of warre is not en••ed by ••b∣taining the things first demanded; but walkes according to the conquerers pleasure. n 2.13 Who is content to repay so much revenge onely as he hath received wrong? saith Augustine, and all know it. This arbitrary power all not subdued may justly decline, and therefore defend themselves against it with Armes. Witnesses,o 2.14 Iudges who are enemies are repelled, although they against whom they proceed gave the cause of the enmity.p 2.15 To one in Armes he gives all things who denies just things: said Caesar. Nei∣ther doe we heare make question of that blamelesse moderation, where there is no superior. These things therefore are avoyded: and therefore the cause of Romulus shall be said right to me, who defended himselfe by war against the invading Sabines, albeit he had given them cause of warre and offence, by the rape of their wo∣men. q 2.16 The force of necessity is so great, when men are pressed with Armes, that those things which are unjust may s••••me most just; as Bodin well,r 2.17 warre is just, to whom it is necessary; & pia arma, quibus nulla nisi in armis relinquitur spes: and Armes are pious to those to whom no hope is left but in Armes. Extreame necessity is exempted from all Law. And yet I restraine not the present definition, to extreame necessity, or take extreame according to the condition of mens affaires: for be it so, let it be no neces∣sitie, which may be no necessity; Romulus might have avoyded warre by restoring the ravished women; yet he might likewise defend himselfe against the enemies even soone after marching against him. I stay not in this definition: for that is a question belonging to Citizens.* 2.18 He who being banished may be hurt without danger, yet he may defend himselfe.

CHAP. XIIII. De utili Defensione: (Book 14)

He proceedes thus,

I Call that a profitable defence, when we move warre, fearing least we our selves should be warred upon:s 3.1 no man is sooner oppressed then he which feares no∣thing, and security is the most frequent beginning of calamity. This first. Next, we ought not to expect present force, it is more safe if we meete that which is Future. There is more hope and more courage in him that infers force, then in him who repels it: he hath more courage who inferres danger, then he who repulseth it,t 3.2 Livy and Vi∣getius: if the enemie should once prevent,u 3.3 all things are disturbed with feare; it be∣hoves them therefore (saithx 3.4 Nicephorus, an historian of no contemptible authority) who would live without danger, to meete with, and prevent impendent evills, and not to delay or expect, that thou mayst revenge the received injury with danger, if for the present thou maist cut out the root of the growing plant, and suppr••sse the endeavours of an enemie who thinkes ill. Andy 3.5 Suidas, yea Demosthenes; warre is not to be delayed but urged, least being first injured, we be compelled to repulse force.* 3.6 This (as the Latin De n••sthenes Cicer•• saith) is likewise a disgrace, that if thou mayst prevent future thou wouldest rather redresse Present evils. That rude youth likewise (so hath nature it selfe prescribed this Law)z 3.7 I would rather looke to our selves, then I would be revenged having received injury:a 3.8 But Philo most excellent∣ly, that we presently slay a serpent at the first sight, although he hath not hurt us; nor perchance will hurt us; so carefull are we of our selves before he move himselfe. Am I not over-tedious to thee in naming these Authors, which yet are none of ours? But the consent of various and many authors is great reason, &c. Neither yet omit I,

things held in lieu of proverbes, and therefore prove much what they signifie. b 3.9 Meete the approaching disease. Withstand beginnings; else medicines are provided over∣late. Neglected fires are wont to g••t strength. Behold something out of the Au∣thors of Law:c 3.10 It is better to keepe Lawes unviolated, then afterwards to seeke remedy. d 3.11 It is lawfull to prevent: One providing to offend, I offend lawfully; and others of this nature, which are more defined to humanity, and approved by mens judgements. e 3.12 No man ought to expose himselfe to danger: no man ought to expect himselfe to be smitten or slaine unlesse he be a foole. We ought to meete the offence not onely which is in act, but that likewise which is in possibility to act. Force is to be repelled and propulsed with force; therefore not to be expected; in which expectation there are also both other the foresaid certaine evils, and that likewise which is mentioned in the causes of private men, least perchance by giving the first stroke we be slaine; or lest we yeeld by flying, and be oppressed lying downe. But not to flye is to repell force: all these things are cleare, and tried, and most apt to warlike tractates. What followes, hath some doubt, when the thing may seeme to come to that passe, that we must now run to this profitable defence.f 3.13 A just cause of feare is required, sus∣pition is not sufficient. Nowg 3.14 a just feare is defined, a feare of a greater evill, and such as may deservedly happen unto a constant man. But here in this great cause of Kingdomes, a feare that no dammage should happen although not very great, or if there be an evident cause of feare although the danger be not true,g 3.15 but the cause one∣ly of feare just, is sufficient: but not when a man feares that he ought not, &c. But concerning prevention there are notable things ini 3.16 Gellius. In all things to be taken heed of, there is not the same cause; neither in the affaires and actions and Offices of humane life; or of taking, or deferring, or revenging, or bereaving. To a gladiator, ready to fight this lot of fight is propounded; either to slay, if he shall prevaile, or to beslaine if he shall give over. But the life of man is not circumscribed with such unjust untamed necessities, that therefore thou oughtest first to doe the injury, which unlesse thou shalt doe, thou mayest suffer. And Cicero;k 3.17 who hath ever enacted this, or to whom can it be granted without the greatest perill of all men, that he might lawfully slay him, of whom he might say he hath beene afraid, lest he himselfe might be slaine afterward by him? yet rightly, notwithstanding, the Mitileins against the Athenians.l 3.18 If we seeme injurious to any, if we have first failed, not tarrying ••till wee might plainely know, if they would doe us any hurt: he doth not rightly consider•• for if we had beene of equall power, we m••ght safely lay ambushes for them againe, and we might delay: then he should speake truth: but since they have alwayes wit•• them a power of hurting, it beseemed us to have this power, that we might anticipate a defence. Why againe doe we aske for Bartolusses, or Baldusses with whose bare names we might rest satisfied? and yet doe not more esteeme the defence of a most noble Republick, yea of Thucidides, a most noble man, and the sentence of a most wise man fortified with reason? And seeing there may not be one probable cause of feare, and generally nothing can be defined concerning it, here we shall onely say, that it hath alwayes beene very considerable, and at this day, and hereafter it is to be considered, that po∣tent and ambitious Princes may be resisted, for they being contented with no bounds will at last sometime or other invade the fortunes of all men.m 3.19 Thus the Romans move warre against Ph••lip, lest Greece being subdued, he should first make warre upon them. Thusn 3.20 Lysimachus, when D••metrius had gotten the Kingdome, fearing

least he should provoke him, first moved warre, for he knew that Demetrius had it from his father, alwayes to thinke of promoting the Empire. Thus theo 3.21 Lacede∣monian Embassadors, move the King of Sicily to warre, because all the rest of the Graecians being overcome by Persa, he might in like manner stirre up ware against the Siculi: Men say, by helping us thou maist defend thy selfe. Thus thep 3.22 Lacaedemoni∣ans themselves, perswaded by the Acanthu tooke up warre against the Olynthii: who by conquering their neighbours every where, and proceeding alwayes to fur∣ther parts, they made no end of warres and of encreasing their dominion. Thus the q 3.23 Campani for the Fidicini against the Samnites, and they say. We have fought in word for the Fidicini, in deed for our selves: when we saw a neighboring people, to be set upon by the wicked plundering of the Samnites: and when the Fidicini had beene inflamed, that fire would h••reafter be transferred upon us: which alsor 3.24 Herm•• crates a just man of Syracuse doth any of us thinke, that a neighbour further off being already overcome the calamity will not come upon him also? Thuss 3.25 Perseus, thus Metridates did move and call in others against the power of the Romans: for neither are occasions of warre wanting to those that aspire to the Empire, and now they are hated for their power. Which thingt 3.26 Appius somewhere saith to those his Romans; and it ap∣peares most true; for by ayding their confederates and friends, presently they got the Empire of the whole world. But to omit these manifold examples, which even u 3.27 others have thus noted, and which do thus declare to us the Law of Nations, which we seeke; might not all men most justly withstand the Turke on that side, and the Span••a••d on this, meditating dominion every where and plotting it? for indeed the Turke wrongs not many, nor yet the Spaniard, neither can the one or other doe it; but they both doe injury to some, and he that doth wrong to one, threatens many: shall warres themselves be expected? we have heard of the Turkes before, and we all see it: if any one discernes it not of the Spaniards;x 3.28 he may heare of P. Iovius, that the nature of these are both impotent and greedy of bearing rule; and when they have once crept in, endeavour alwayes by all meanes to attaine the highest power.y 3.29 Therefore we ought to resist; and it isz 3.30 better to beware that men encrease not too much in power, then to seeke remedy afterward against the mighty.a 3.31 While the enemie is little, kill him. Wickednesse lest Tares grow, is to be crushed in the seed. Why are not these say∣ings of Hierome pertinent even here? We cannot joyntly resist a common danger: b 3.32 a common feare unites even those that are most divided and furthest off: and that by the instinct of nature, and ourc 3.33 Baldus teacheth out of Aristotle; This is the rea∣son of Empyres, that they may not hurt; as he, whosoever he was, said wel in Dionysius, and nothing more true, and uttered as it were from an Oracle,* 3.34 In the judgement of Bodin:d 3.35 It is sufficient to have power to hurt, and that which can destroy others, dee thou destroy first: as aptly here the witty Poet; and truly it is very grievous, that we may pos∣sibly suffer an injury although we doe not suffer it: ase 3.36 Plutarch speaketh: and f 3.37 Baldus, that it is lawfull to use meanes for resistance: nor ought it to be in the pow∣er of an adversary to hurt us if he would: and that we ought to consider, that which hurteth, and that which can hurt. Even the continuing of concord among the ele∣ments is this, byg 3.38 equall proportion, and while in none, one is subdued of the other: ^• And this is that, which that most wise, most desirous of peace, and father of peace, Laurencius Medices procured alwayes, that the affaires of the Italian Princes should be balanced with equall weights, whence both Italy might have peace, which both

it had whiles he lived, and was the preserver of this temper; and which peace ceased when he deceased, and that temperature. The great off-spring of Medices, was a great safegard both to his owne City and the rest of Italy: doth he not as yet indea∣vour this, that one should not be able to doe all things, and all Europe come under the command of one? unlesse some be able to resist the Spanyard, Europe will certainely fall.i 3.39 If any will pull a middle stone out of the wall, upon which all relies, the rest being carried together will follow.h 3.40 No, this must never be permitted, that the dominion of any should grow so great, as neither to doubt before so much as of most manifest injustice, which Polybius saith, and saith againe: whence Hero therefore ayded the Carthaginians against the Mercenaries, least the Carthaginians being op∣pressed, the Romans should be able to doe all things. Thusi 3.41 Livie of the diverse conceits of men upon the war of the Romans, and Perseus, that some favored him, some them, but there was a third part, the best and most prudent, who would have neither part to becom•• more powerfull, the other oppressed, for so themselves should be in the best condition, alwayes protecting them from the injuries of the other: And these things ing••niously, Marcus Cato for the Rhodians: who thorow hatred to the Romans,k 3.42 by their good will at least, or wishes had favoured Perseus, They would not that we should have conquered the King: but also many other people, and many Na∣tions; and partly not for reproach sake, but because they feared, that if there were no man whom we stood in awe of we might doe what we list, and every one of us, if any thinke any thing to be attempted against his owne estate, doth even with his strength contrarily endea∣vour that it be not attempted against him. This the Embassador of Persius had thus dis∣cussed before the Rhodians, that they ought to endeavour, that the right and power of all things be not devolved to one people. Cato adds, that their will ought not to be punished so much, because it ought to be discerned more certainely.l 3.43 Caesar doth not contradict, who thus disputes of raising of warre against King Ari••vistus, that he ought to be punished before he became great, or should doe any evill, even because he had a thought to doe them hurt. Neither ought this to be understood of the naked thought, and bare will; but of that which hath assumed the Act, declared in another* 3.44 place; that King was now fearefull to the Romans in France, and his Armes threatned danger: Caesar therfore wisely and justly thought that there was no further delay to be made, but that he might restraine Armes with Armes. Then 3.45 Switzers late∣ly very wisely, that they will favour neither the French nor Emperor, but would keepe a league with them both, until their Armies should not be hurtful to the Helve∣ti•••• Common-wealth. But I conclude, the defence is just which prevents dangers already meditated of, already prepared; and also not thought upon, but very likely, possible: yet neither this last simply; or would I call it just, to endeavour this war, as soone as ever any should be made too potent; which I doe not affirme. For what if any Princes power should be increased by successions, by elections; wilt thou trouble him with warre, because his power may be dangerous to thee? Another thing therefore must be added concerning Iustice. We will adde to others, who what they have thought of a just war, attend.

CHAP. XV. of Honest Defence. (Book 15)

IT remaines to speake of honest defence, which is undertaken without any feare of danger to us, sought for no want of our owne, for no profit, but onely for other mens sakes,a 4.1 and it resteth upon this foundation, that (as Marcus Tullius saith) nature hath ordained among men affinity, and love, and good will, and the bond of good will, and that the law of nations is placed in the society of men, which therefore is called by Cicero also,b 4.2 Civill.c 4.3 Thus Verilie the Stoickes would have the City of the whole world to be one, and all men to be commoners, and townesmen; and like one Heard feeding together in a Common ground.d 4.4 All this that thou beholdest, wherein heavenly and earthly things are contained, is one; and we are members of one great body, and the world it selfe is onee 4.5 body. But Nature hath made u•• allyed, seeing she hath begotten us of the same, and in the same, also endewed us with mutuall love, and hath made us ••ociable.e 4.6 And this our societie is most like the joyning of stones, in a wall; which would fall, if the stones did not withstand, and uphold one another, as Seneca excellently; and which asf 4.7 Gellius, consisteth, upholden as it were, with a mutuall contrariety and support.g 4.8 This is the desagreeing concord of things, as Horace speakes, and we also before•• And now thou hearest that all the world is one body, and all men are members of this one body, and thou hearest the world to be an house, and to be a City; which heare againe, for they are beautifull. The world is the greatest house of things, thus V••rro.h 4.9 Man is a sociable creature, and being 〈◊〉〈◊〉 for the good of all, lookes upon the world as one house: thus Seneca 〈…〉〈…〉 〈◊〉〈◊〉, the world it a Common-wealth,i 4.10 having one forme of 〈…〉〈…〉 one Law;k 4.11 Philo, there is one Commonwealth of all and a common 〈…〉〈…〉l 4.12 Tertullian, Minutius, and also in Aristotle, There is one great City: what an ha••••ony is here of wise men? Adde touching Society that of Cicero;m 4.13 Society in the largest extent, (which though it be often sayd we must repeate more often) is of men towards men,n 4.14 more inward, of those that are of the same Countrey; ne••∣rer of those that are of the sane City: and in another place: We are so borne that there may be a c••rtaine Societie betweene all; but greater as any one is nearer: Citizens are better than strangers; kindred ••ha•• Forriners. And thus dotho 4.15 Augustine note there soci••ti••s; the first of the houshold, the second of the City, the third of the world, and saith, all the Nations in the world are joyned together by humane societie. But what is this society and conjunction? Among the good there is as it were a necessa∣ry benevolence, which spring of friendship, is constituted of nature; but that same goodnesse belongs also to the multitude; for vertue is not inhumane, nor cruell, nor proud, which will not looke upon all people, writeth Cicero; andp 4.16 Ambrose, the law of nature bindes us to all charity; that one should beare with another, as mem∣bers of one body: and so alsoq 4.17 Baldus, we are borne for our own▪ and for strangers by the bond of Charity: those that say, care ought to be had of Citizens, deny it of strangers, these men take away community and society of mankinde. Also Cicero: whichr 4.18 Lactantius both citeth and hath approved. And the same Cicero.s 4.19 It is a fil∣thy opinion of them,t 4.20 who referre all things to themselves, filthy indeede, for man is

borne for society, and it is hisu 4.21 duty to helpe others, and not live to himselfe onely: and for this cause Cicero condemned the Philosophers, because while they lacked one kinde of justice, and (asx 4.22 another holy man writes) fulfilled indeede the greatest part of equity, not to hurt any, they offended against the other, because they for∣sooke the society of life, and so forsooke this part of justice, to profit when thou canst;y 4.23 Dost thou not see how the world it selfe, the most beautifull of all workes doth binde it selfe with love? we arez 4.24 bound by the Law of nature (so sayes the in∣terpreter of the Law) to be profitable every way: and thea 4.25 same men deliver an equall defence of their owne and of strangers, but specially of confederates, from whom we must keepe off an injury; and that this defence is both of divine and hu∣mane law.b 4.26 Plato thinkes, he ought to be punished that keepes not back an injury of∣fered to another. Now that which Plato and these Interpreters say of private Citizens we may very well apply to Princes and people: for what reason there is of a private man in a private City, there is the same in the publicke and universall City of the world, of a publique Citizen, that is, of a Prince, of the people of a Prince:c 4.27 As a private man hath relation to a private man, so a Prince to a Prince, saith Baldus,d 4.28 A man is a Citizen to a man in the greater City, and borne for mutuall succour saith Seneca. And because we are one body, if one member will hurt another member, it is meete the others should helpe that which is hurt, because it concerneth the whole, even that which hurteth, that the whole be preserved. So men should helpe men, for society cannot be preserved, but by the love and safety of the people.e 4.29 Vespa∣tian cannot be approved who denies ayde, I know not to whom, upon this pretence, because the care of other mens affaires appertained not to him: for what good man is there who doth nothing but for his owne sake?f 4.30 Cicero againe, even tog 4.31 Lazius King of Persia, that he is not therefore just, because he doth nothing unjustly, unlesse also he defended the unjustly oppressed; and by that meanes they obtained helpe, and bands of Souldiers against the Romans: for it is not a strange thing amongst men for a man to defend the estates and safety of men.h 4.32 Cicero had said the same; he should have respect if not of the man, yet of humanity, which is due to every one from every one, for this very cause, because they are equally men: and humane nature the com∣mon mother of all men commends one man to another,i 4.33 It is a noble example of the barbarous King of Mauritania: who, when he heard that his enemie Alfonse, king of Castile, was pressed and almost oppressed by the Armies of his sonne, hee sent a hughe masse of gold unto Alfonso, he himselfe went over with a great Armie of Souldiers into Spaine, judging it a most unworthy thing that his Sonne should ex∣pell his Father from his Kingdome; adding withall, that the victory obtained, he would be an enemie againe unto the same Alfonso. What? doe I feare the Barbarians, enemies also, and bringing gifts? That the deed of an enemy should be taken in the worst sence? dothk 4.34 Guiccardine say truth; that these things are not done of any but in hope of some profit? The saying of Guicciardine is dispraised by noble Moun∣taygn in those his Noble examples? I demand of what right it is? It is a question, if any be bound by Law to defend another, when he can? and they seeme commonly to deny this, and thel 4.35 Law sometimes saith, that we may without offence neglect o∣ther mens affaires: but our proper question is; if any can thus justly defend another? m 4.36 wherein no man denieth just defence, even for the defence of a stranger it is law∣full to kill another, by the opinion which is approved of all Doctors:n 4.37 yea, the de∣fence

of him is approved, that neglects to defend himselfe, yea that refuseth to be de∣fended by another, whether a friend defend him or another, even an enemie: and thus it is called the rule of humanity, and soo 4.38 a benefit to be conferred often times upon the unwilling. So also there be many other definitions. Also they conclude by an ar∣gument, not firme enough that way, in another quest••on: that a man may take money for defending another, which he should receive dishonestly, if he were bound to de∣fend him by law: for may not a servant get a reward from him whom yet notwith∣standing he might not neglect without punishment? neither is it dishonestly given nor dishonestly taken, in way of thankefulnesse.p 4.39 So it is not ill taken of a Citizen from a Citie, nor by a sonne from a father: for truely it is manifest, tha•• many things cannot be done without offence; and therefore if done they are worthy of rewards, yet not of pu∣nishment, if they be not done. Againe, somethings on the contrary neglected, indeed con∣tract offence, but reformed they merit not glory, so Bernard: to which I adde a meane, that there be some things which being neglected contract offence, and fulfilled deserve re∣ward. q 4.40 But also even in the Court of conscience they will have a man to be bound to defend a man.r 4.41 But conscience is the will of a good man, yea of the best: but they deliver this also even in the way of honesty: and we follow honesty here, and that arbiterment:s 4.42 but both in Civill and Canon Law, against the rest Bartolus inclines thus: Albericus, Igneus, Decius, Alc••atus, Molineus, so teach: andt 4.43 Baldus ele∣gantly, that it is a fault to omit the defence of another; of himselfe, a treachery: which also in another place he determines. Pla••o is also of this mind: and thus alsou 4.44 Sira∣cides: free him to whom injury is done, out of the hand of the injuri••us. I also am of the same minde, especially, if, which the forenamed interpreters adde, defence be not made with the danger of the defender.x 4.45 For no man is bound to put himselfe in danger; no man is bound so to assist against a fire.y 4.46 Otherwise thou hearest Con∣stantine say, that they which live by the rule of Gods Law, account an injury done to another, to be their owne. Behold that thus also he ayded the Romans against Maxentius. Heare againe Baldus his Lawyer, he that defends not, nor resists an inju∣ry,z 4.47 is as well in fault, as he that forsakes his parents, or friends, or Country: and if these be true in private men, how much more will they be in Princes? These mutu∣ally call themselves Cosens, Cosen-germans, Brothers. They are so much the more true in Princes, by how much if a private man defend not a private man, the maje∣strate remaines, that can both revenge the wrongs, and repaire the losses of private men, but there is none can peece up the injuries and hurts of Princes, but the same Prince, who after had rather apply a medicine to the evill, than hinder at the first that evill be not done. These things are true, but that also you may hold witha 4.48 Baldus that although these were not true out of Philosophie of judgements, which is of things nec••ssary: the•• ar•• c••••tainely true from Philosophie of manners: which consists of things persw••d••d, which Philos••phie also we follow in this whole ••reatise. The Philoso∣phie of Iudgements▪ permits a man to neglect even himselfe, as Baldus writes, and if besides, as it falls out almost alwayes, another speciall cause be joyned to this gene∣rall rule of honesty, it may come neerer to justice. Let the opinion verily be true for me, that this cause of honesty alone, perch••••ce hath never m••ved any man to that honest de∣fence. b 4.49 Guicciardines mouth sayd truely, no Prince will make warre for Pe••ant, un∣lesse perswaded w••••h desire of his owne gaine: yet that is ignominous to Princes and sa∣••ours not of justice: but I had rather concurre with Leo the Philosopher. We know

very few to keepe true love, for its sake alone to be stirred up to succour those that are intangled in misery, but on the contrary side, that the number is very great of those that for hope of getting any thing, come to helpe the unworthy: which is a more mild saying, and I thinke more true. But I seeke another thing, it is compleate ju∣stice which defends the weake: sod 4.50 Ambrose, and the Canon Law, and I seeke for that Iustice. The Romans also joyn••d this cause with others by which they were moved often times to make warre:e 4.51 the defence of the Lucans (saith Dionysius) was the manifest cause of the Samnitic all warre, which might have a shew of honesty, as common, and a Nationall custome of the Romans to ayde those that fled unto them: but the secret cause which did more urge, was the power of the Samnites was great, and greater would it have beene, if the Lucans had beene subdued, so the reason of profit lyes hid: and therefore seemes not so good, as it is honest: and yet we call profitable also, good and just, and the one is made just by the other: therefore what if they be deare unto us whom we should defend?f 4.52 Vlpianus saith, that for love and friendship, for no other reason defence ought not to be omitted. The defence of those that ought to be deare unto us, is from nature, witnesse M. Tullius. What, if our allies and confederates?g 4.53 He that keepes not of an injurie from his fellow when he can, is as well in fault, as he that doth it. Am••rose, andh 4.54 even we our selves are hurt when our fellowes are hurt: as in Livie.i 4.55 Iohn Bodin judgeth amisse, that an ally and a confederate is not bound to helpe his fellow, if there be no caution of helpe in the league; and the contrary is now shewed by us, and also shall be shewed in the third booke.k 4.56 What if they be of the same stocke and blood? Agesilaus made warre against the Persians, that he might bring the Greekes of Asia into liberty. And the pettie Kings ofl 4.57 Germanie by an old custome of the Nation, thinke it an haynous offence, not to be assistant to those that implore mutuall helpe: although there is there besides a certaine body of a Common-wealth: as it is reported long since, that there was of the Achai. What if of the same Religion?m 4.58 Nations are joyned together by the tye of Religion, more than either by the communion of another law, or contract of a league: and therefore if we implore nature by communion, the law of Nations by covenant, the Common-wealth by lawes, by common Religion (the most powerfull thing of all) we implore the bowels of men and of the holy One, who is the head of that communion.n 4.59 So there was warre with the Persians, because their fugitives were not delivered them, and they were not delivered by the Romans, who would not dispise the humble professors with them of the same religion, who fled from the Persian cruelty. Thus Iustinus answered the Persian, that he could not but receive those of the Christian Religion, falling away to him from the Persian, who compelled them to forsake Christian Religion.o 4.60 And our writers doe thus resolve, that warre may be made if any converted to Christian Religion, should be oppressed by their Lords, and that for the right of society contracted from conversion. What if neighbours? p 4.61 for what? had I not very many, very just tyes of familiarity, of neighbourhood of country, of friendship to defend Plancus? saith Cicero. And here is our case. ^q We are in danger if our neighbours house be on fire, for if fire have fiercely taken hold of some houses, they will hardly be defended but that the next houses will be burnt, which was elsewhere in Salust, and now in Ovid. ^s Fire that is neere is hardly kept off from houses: it is good that we abstaine from neere adjoyned places: which verses are proverbiall in this thing; and proverbes adde some credit. This notes something

that as it is lawfull to pull our neighbours house downe, least the fire should come to us: and that question of ax 4.62 house infected is the same, although touching this it is an∣swered contrary:y 4.63 Yet the House infected with Leprosie was pull'd downe. z 4.64 And in many cases it is so, that we may doe ill to others, that it be not ill with us. We must beware of all contagion, especially of our neighbours: the ill conta∣gions of a neighbouring People are hurtfull.a 4.65 The Romans (saith Florus) as a certaine infection ranne over all, and taking in all the neerest people, brought all Italy under them, and whatsoever Dominion they had.b 4.66 Before fire is the vapour and smoake of the Chimney, Syracides also. So we see smoake from our neighbours fire, and will we not runne and put out the fire where it is? It isc 4.67 written againe, that it is lawfull for any to helpe his neighbour against an injury, yea, he seemes to be partaker of a fault, who doth not ayde his deadly foe, even speaking against help, nor yet desiring it. Concerning which I have noted before, and will note further in the Chapter following.

CHAP. XVI. Of ayding Subjects that are Strangers against their Lord. (Book 16)

I Demand, if wee may justly defend Subjects also that are Strangers against their Lord? What if their cause also be unjust?a 5.1 Ambrose noteth those three gods, Iupiter, Neptune, and Pluto, have thus Articulated, lest upon their intrenching on one anothers jurisdiction, they might make Warre among themselves: they should not usurpe the rule of the Sea, &c.b 5.2 They say likewise, that we gods have this Law, none of us will crosse the desire of him that willeth, but wee yeeld al∣waies one to another. Which being the fictions of very wise men, are applyed unto Princes of the earth. But even without any circumstance at all, the Corin∣thians speake thus to the Athenians:c 5.3 We doe plainely deny that any is forbid∣den to punish his ow••e: for if thou shalt defend those that have offended, even your owne Subjects will defend themselves from you. Yet I thinke not Subjects of other men are altogether strangers from that neerensse of nature, and union of Soci∣ety, you doe also cut off the unity of mankinde, whereby life is sustained, as excel∣ently d 5.4 Seneca. And if we make not Princes lawlesse, tyed to no Lawes nor Con∣ditions; It is necessary, that there be some to admonish them of their duty, and may hold them fast bound; which reason I expounded in the second Booke of Em∣bassies. Neither will I heere infer any confusion of kingdomes, or any inspection of one Prince over another Prince: neither doe I suffer those things to bee di∣stinguished, which are most firmely glued together by nature, I meane, that kin∣red with all, among all. Neither here otherwise may one Prince have in∣spection over another Prince, but such as may happen by every other Warre, wherein one Prince carries himselfe as a judge both of himselfe, and of another. If a question were among private men, it were most unjust to goe to a Forraigne Prince about it. Also if there arise a difference betweene a private man and his So∣veraigne, there are Magistrates appointed which may be sought unto. But when the controversie is touching the Common-wealth, there neither are, nor can be any judges in the City. I call that a publike matter, when such, and so great a part of

the Subiects is moved, that now there is need of Warre against those that defend themselves by Warre. And as if those should come into part of the Principality of the publike, and are Peeres to the Prince, who can doe so much as hee.e 5.5 Even as one King is said to be equall to another, who can resist another offering wrong, however greater, and more powerfull; although I say not these things of the Sub∣jects themselves, unlesse it be in respect of Forraigne Princes, which will ayde the Subject against their Soveraigne, and who can ayde them no otherwise then in a controversie, as I have expounded, of the Common-wealth.f 5.6 And indeede, if the Subjects be used more cruelly and unjustly, this opinion of defending is approved even of others, who both bring that laudable example of Hercules, the Lord of Ty∣rants and Monsters. There is also the example of Constantine, who ayded the Ro∣mans against Maxentius, as I noted before.g 5.7 We defend Sonnes against injust Fa∣thers. Adde now those golden Sayings ofh 5.8 Seneca. That being cut off, whatsoever it was, whereby he did cleave unto me, the Society of humane right is cut off. If he doe not impugne my Countrey, but is burdensome to his owne, and being ban∣nished my Countrey doth vexe his owne, yet so great naughtinesse of minde hath cut him off: although it maketh him not an enemy, yet hatefull unto mee. And the reason of the duty which I owe unto mankinde, is both more precious, and more powerfull with me, then that which I owne to one single man. Thus verily; or else we make all men forreigners to all Princes, if we determine that they can doe ac∣cording to their pleasure and lust. Now what if the cause of the Subject be unjust? The foresaid Authors deny, that men ought to ayde uniust Forraigne Subjects, least any by so ayding introduce the same Law into his owne Kingdome, which the Corinthians did before. Yea,i 5.9 Aristotle thinkes, that neither a wicked Father is to be loved nor assisted with helpe. But this is false of a Father, as I taught in a cer∣taine Disputation, perhaps it is more true, that those may be defended of us by war, who are unjust. For if it be a just warre which is to repulse a wrong, although they that repulse an injury, have given occasion to the warre: the same it seemes may be determined in the defence of others, even of Subjects, for the same rea∣son. Surely there is that iniquity in Warre, that it will make the same man to pro∣nounce law to himselfe in his owne cause, or verily willing to pronounce it. Vpon which pretence another Prince may bring ayde on the contrary side, that things may more civelly be composed without warre. And this is that whichk 5.10 Pyrrhus did when he came to ayde the Tarentines against the Romanes; he admonished them first, that they would by their owne endeavour put an end to the Controversie; al∣though neither the Romans would not unjustly hearken unto the King; or because they might deservedly suspect him, as being sent for by enemies, armed with enemies, ready to fight for enemies, and of kinne to enemies.l 5.11 Hee that stands armed with another, is said to bring helpe and ayde unto him; neither is there neede to proove any thing against that at all. Even he that armes himselfe, is beleeved to thinke up∣on warre, Andm 5.12 if he that is the friend of an enemie bee excluded from being a witnesse, much more from being a Iudge.n 5.13 For it is easier, if any be received for a witnesse then a Iudge;o 5.14 The friend of my enemy is not presently ment my enemy, as neither my friends friend is my friend; but there is a great suspition of them both, and of the friend of an enemy the more. But I returne to the que∣stion. p 5.15 We are bound both to defend justly unjust Sonnes against the cruelty of a

Father, or Servants against the cruelty of a Master; and we laudably indeavour that by fury (here is Warre) no not wicked men should be chastened and punished, for fu∣ry and warre have no measure.q 5.16 And he that led by humanity or pitty, or any other approved and just cause, hath received another mans Servant, is not bound by the Statute of a corrupt Servant, and that reception is accompted in the nature of good, &c.r 5.17 Even he is commended, who being angry with his servants committed them to be punished by another, this commendation being added, because he himselfe was angry. Therefore a good Prince will have the Liberty of rage against his own Subjects to be taken from him, being angry, as a good Father, as a good Master, and he will alwaies judge, That Kingdomes were not made for Kings, but Kings for Kingdomes, which is most true. This also of Plato availeth, that we ought to use Eloquence, chiefely to accuse our friends, to whom it is the best, thus to be drawn from future evils. And so I thinke that we may defend unjust Forreigne Subjects, yet to this end onely, for the keeping off immoderate cruelty and too severe punish∣ment: s 5.18 Seeing it is not inhumane to doe good to those that have offended. Yet I dare affirme, that this reason of bringing helpe doth seldome stand alone, but that another of necessity and profit may be pretended, or truely shewn, as is said before. Behold now is the greatest question: If the English have justly ayded the Hollanders because their cause was unjust, & the Hollanders were even now Subjects to the Spaniards? both which notwithstanding are false. It was said, that a Warre was to bee underta∣ken upon that occasion, that a good Peace might be obtained of the Spaniard, which otherwise, as is thought, could not have beene had:t 5.19 And so truly Warre is lawfully undertaken, asu 5.20 our men alledge: And the most wise reason of the Phy∣sicians maketh for it, That if any Feaver be slow which holds the body, and which yeelds to no cure, then the Disease is to be changed, yea, to bee augmented and heightned. For when it doth not receive cure for the present as it is, it may receive that cure which is future. But even Warre might have beene undertaken without that evill of an unfaithfull Peace. As there be many bonds of neerenesse between the English and the Hollander: the ancient friendship with the Dukes of Bur∣gondy, the familiarity of these people, and the old Consanguinity; all the rest, which are noted at the end of the former Chapter. And therefore with Cicero, x 5.21 They thinke not that the nocent are not to be defended, if they be the friends of a good man. Adde one thing of great moment, that the Hollanders overcome in Warre, should altogether change their condition, and we see it in the conquered part, being for the most part, cast downe from their ancient Liberty, and for the most part oppressed with Garrisons, are governed now onely at the pleasure of the Prince. But this our Neighbours cannot endure.y 5.22 Neither is any other for∣bidden to favour Libertie. Butz 5.23 it much behoveth Neighbours to have a Neigh∣bour. a 5.24 For if one man hath neede of another man, what shall we say that one Neighbour is to another, saitha 5.25 Pindarus, andb 5.26 Callimac••us: Ill Neighbours are odious to mee, andc 5.27 some wise Hebrew, The worst of all diseases is an ill Neighbour: And another of the same Nation, Woe to the wicked, and woe to his Neighbour. And where mayd 5.28 Morall Fables be silent?e 5.29 An evill neighbourhood is like a mis-fortune; The vicinity of great Men is alwaies to bee shunned of the weaker; f 5.30 Good men receive good things from good Neighbours, and evill Men, evill things, &c. So * Plato,g 5.31 and so Th••mistocl••s; When hee ••old a pi••ce of ground, ••ee

commanded the Crier to Proclaime, that it had a good Neighbour: Whichh 5.32 In∣terpreters note, to the Law. And there bee many things of the same kinde. Wherefore neither if these neighbouring Subjects would change their condition, neither if by reason of a fault committed against their owne King, they be compel∣led to alter it, is another Neighbouring Prince compelled to suffer it, to whom nei∣ther another mans will nor offence ought to bring damage. Thei 5.33 Venetian Em∣bassadors when they interceded for Sigismund of Maltesta, to Pope Pius the se∣cond, they spake even this, that Neighbouring Princes would not have another Neighbour, whom furthermore they knew not, what he might hereafter be. And you may note, that Sigismond held Townes from the Church, and for his commit∣ted offences, he ought worthily to lose them. Perhaps some will doubt, whe∣ther these things be true in private mens causes.k 5.34 For a private man seemes to have power to doe with his owne what he list, if it bee profitable to himselfe, and hurt not another. Yet these things bee true thus in the causes of Empires. For Princes ought to take heed for the future, that another if he will, may not yet be able to hurt another, which is expounded in the Treatise of Profitable de∣fence. l 5.35 But even that rule, that it is lawfull for any to doe what he list with his owne, holds not otherwise; then if the condition of a Neighbour bee made nei∣ther worse nor more grievous thereby: although it be true that no man may take care of the gaine, which his Neighbour made, and which was owing to him by no obligation. But even security, and a certaine singular conjunction of love from a Neighbour, is due to Empires: Now this we know, what things are taken away when Neighbours are changed.m 5.36 And the same people is not the same that they were, if the Common-wealth be not the same that it was. For it is not lawfull (I say againe) to doe all things with the Subjects; for that is not lawfull with the Subjects which would be a hurt, and a danger to those that are no Subjects. It is not lawfull to make Fortes in his owne Land,n 5.37 which may be terrible to those that are not his, as you shall heare in the third Booke. Therefore neither is it lawfull to doe with his owne, that which may be a terrour to others.o 5.38 How ever these are called equivalent, to doe in his own place, and towards his own Subjects. Whe∣ther if my Neighbour should place in his House Gunnes, and other things against my House, may I neither be carefull for my selfe, nor stirre against my Neighbour? Thus, thus were Preparations made in Holland; and that great Noble man, Lei∣cester, very wisely foresaw, that the defence of the Hollanders, was very whole∣some and necessary for the Common-wealth, and he perswaded it to be undertaken, p 5.39 least if the Spaniards should break through that Pale of Europe, as then very wise∣ly Iustus Lipsius, called it there should remaine no obstacle at all to their cruelty. And thus farre of Warre Defensive.

Thus, and much more this our learned Professor of the Civill Law, Albericus Genti∣lis; whose words I have thus largely transcribed; because they not onely abundantly justifie the lawfulnesse of the Parliaments present Defensive Warre in point of Law, and their Ordinances of Association and mutuall Defence, but likewise fully an∣swer all the cavils and pretences of Royalists and Malignants against the progresse and managing of this warre, from principles of Nature, Law, Humane Reason, Equi∣••y, and humane Authorities.

Notes

• * 1.1

  Object. 5▪
• * 1.2

  See many Printed De∣clarations, Proclamati∣ons to this effect; with other Pam∣phlets.
• * 1.3

  Answ.
• a 1.4

  See the Houses seve∣rall Declara∣tions to this effect.
• * 1.5

  13 E 1 c. 38 31 H. 6, c. 1. See Ashes Ta∣ble, Contemp. 6, 7 the Law bookes there quoted, 6 H. 8. c. 16. 3 E. 3. 19. Coron. 161. Dyer, 60. Stamfords Pleas, l. 1. c. 29▪ f. 38. l, 3, c, 63, f, 153.
• * 1.6

  The De∣claration of the Lords & Commons in Answer to his Majesties, concerning Keinton Bat∣tle.
• b 1.7

  Part 1. & 2. throughout.
• c 1.8

  See Polybi••n Hist. l. 6. Arist Polit. l. 3. c. 10. 11. l. 5 c. 10. l. 2. c. 5. Bodin l. ••, c, 10. l, 2, c. 5.
• d 1.9

  Hieron. Blan. Ar••gonens. Rerum Com∣ment. p. 588. 589. 716. to 725. 747. to 760. Ioan. Mariana de Rege & Regi•• Instit. l. 1. c. 5. to 10.
• e 1.10

  In the Ap∣pendix.
• f 1.11

  Part. 1.
• g 1.12

  Common∣wealth l. 3. c. 1 See Plut. Caes. & Pompeius.
• h 1.13

  Aragonensi∣um Rerum Comment. p. 724.
• * 1.14

  Part 1. p. 6, 7, 8, &c.
• i 1.15

  See Arist. Polir. l: 5 c. 10 D^•. Beards Theatre of Gods Iudge∣ments. l. 2. c. 9. to 43. Ad generum Cere∣••is pauci sine sanguine fuso, Descendunt Reges, & sicca morte Tyr••nni Iuvenal. See the Appen∣dix.
• k 1.16

  〈◊〉〈◊〉. l. 5. c. 13. 11.
• l 1.17

  Memorabil l. 4. p. 813.
• m 1.18

  〈◊〉〈◊〉▪ l. 6.
• n 1.19

  Spelmani Concil. ••om. 1 P. 34.
• o 1.20

  Lambard. Archaion. p. 130. Fox Acts & Mon. vol 1. p. 214.
• p 1.21

  Lib cap. 1. 2 S••ri••s Tom. ••. p. 383.
• q 1.22

  Common∣wealth. l. 2. c. 4, 5.
• r 1.23

  De Rege ••t Regis 〈◊〉〈◊〉. l. 1. c. 5. 6.
• s 1.24

  Lib 3. c. 9. fol. 107.
• t 1.25

  ••ib 1. c. 17••
• u 1.26

  De Laudib. Legum Angl. c 9. to 15.
• x 1.27

  Speech in Parliament House, Anno 1609.
• y 1.28

  Bract. l. 3. c. 9. ••leta l. 1. c. 17. For•• ••s. c. 9. to 15. Cooke 7. Report f••l. 5. 〈◊〉〈◊〉. Cab••ins Case Rom. 13 4. 5. 1 Pet. 2. 14.
• z 1.29

  See the A∣pendix.
• * 1.30

  2 sam. 23. 3
• a 1.31

  Chro 9. 8 See the Kings Coron. oath.
• b 1.32

  Rom. 13. 1 2, 3. 1 Pet. 2 13. 14. 〈◊〉〈◊〉 3. 1▪
• c 1.33

  〈◊〉〈◊〉. de Repub &c. Cicero de Legi. 2 Sam. 12. 7. to 14. cap. 16. 21. 22. 2 Chr. 33. See. Marian, de Reg. & Reg. Inst l. 1 c 9.
• d 1.34

  De Leg. Arg c. 9. 10. 12. 13. 14.
• e 1.35

  Lib. 7. f. 5. Calvins Case.
• f 1.36

  Lib. 3. c. 9. f. 107.
• g 1.37

  Lib. 1 c. ••7.
• h 1.38

  Lib 3. c. 9.
• i 1.39

  De Laud. le∣gum Angl. c. 9. to 15.
• k 1.40

  De Rege & Regis Instit. l. 1. c. 9.
• l 1.41

  Deut. 10. 17 Prov. 28. 21 Rom. 2. 11. Ephes 6. 11. 1 Pet. 1. 17.
• * 1.42

  See Doctor Beards The∣ater of Gods Iudgements, l. 2. c. 13. to 42.
• m 1.43

  Gratian Causa 23 qu. 1. 2. 3. Calvin. Lexicon. Iurid Tit Bellum.
• n 1.44

  Cicero Tus. quaes••. l. 2.
• o 1.45

  Liv Rom. Hist. l 5. 〈◊〉〈◊〉 51, p. 219.
• p 1.46

  〈◊〉〈◊〉. Hist. Ang. p. 334. 335.
• q 1.47

  Walsing. hist Ang. p. 337.
• r 1.48

  Walsing. hist. Ang. p. 245. 246.
• s 1.49

  Walsing. hist Ang. p. 72. 76 91, 92. 105, 106.
• t 1.50

  H••lls Chro. 1 & 3 H. 4 f. 17, 22. Fox Acts & Mon. vol. 1. Edit. ••lt. Col. 676, 677.
• u 1.51

  3 Iac. c. 1, 2 3, 4. The Kings Pro∣clamations, 3 Iacob. A∣gainst them and the A••∣raignement of Traitors. ••
• x 1.52

  Cooke 7. Re∣port, Calvins case.
• * 1.53

  Math. Paris pag. 73. Speed p. 483. 484.
• y 1.54

  1 Tim. 2. 1 2, 3. Ier. 29 7 Psal. 122. 6. 7, 8. Isa. 29. 8. & 9. 6.
• * 1.55

  Livy Rom. Hist. l. 7 Dec. 40, p. 285. Arist. Polit. l. p. 5. Maria∣nade Rege, l. c. c. 5.
• a 1.56

  Arist. Polit, l▪ 3. & 5 Buchan. de Iure Regni a∣pud Scotos.
• b 1.57

  Gratian. Causa, 23. qu. 1, 2, 3. Iacob. Spie••egius, Le∣xicon Iuris, tit Bellum. F. de Iustitia et jure Non sine. Io∣annis Calvini Lexicon Iuris. Tit. Bellum co. 244. 245. Summa Ange∣lica, et Ro∣sella A••e••sis Sum. Part. 3. qu. 36. mem. 3. & quaest. 47. num. 3. Martin Laud. de Bello, Surius Concil. Tom. 3. p. 520.
• c 1.58

  Calv. Lexi∣con. Iurid. Ih. ex Hotomano, and other forcited.
• d 1.59

  See princi∣pally 48. H. 3. Rot. Pat Mem 7. & Mem. 11 Dorss.
• e 1.60

  See Aristot. Pol. l. 1, c, 1, 2, & l 2, 3. Po∣lib. hist. l. 6. Fortescue. c, 9. to 15.
• f 1.61

  De Officil•• l. 2. p. 626.
• g 1.62

  Exod. 32. 9. to. 5. 32. Num. 14. 11. to 15. 2 Sam. 8. 9 17. 1 Chr. 21. 17. Iohn 10. 11. 15. c. 11. 48. 49. 50.
• h 1.63

  Cicero de L••gibus.
• i 1.64

  Resolution of Conscience. Sect. 2.
• k 1.65

  See Stam∣fords Pleas: f. 14. 15. 16.
• l 1.66

  See Andrew Favine his Theatre of Honour l. 10. c. 5. 6. 7. Halls Chron. H. 8. f. 6. 7. 9. 11. 12. 58. 63. 68. 78 85. 91. 95. 146 154.
• m 1.67

  Hall An. 16. H. 8. f. 122. 123.
• n 1.68

  Fox Acts and Monu∣ments, vol. 3. Edit. ult. p. 969. 970. Ie∣an Crespin. Lestate de Les∣glise. An. 1559. p. 615: The generall History of France in his life. p. 677.
• o 1.69

  Halis Chron. f. 123. 16. H. 8
• p 1.70

  Generall History of France p. 227. 228. Fabians Chron part. 7. in his life; with others.
• q 1.71

  Sene••a de•• ••ra.
• r 1.72

  Eadmerus, Malmes Hunt. Hoveden, Mat. West. Mat. Par Po∣lychonicon, ••ab. Caxton, Holinsh. Graf. Speed, Daniel, and others in the life of Wil. Rufus.
• s 1.73

  See Stamford Bracton, Fitz-herbert, Brook, Cromp. Tit. Treason & Corone.
• t 1.74

  Mat. Par. An. 1266. p. 967. Speed p. 640. Dan. p. 180. 181. Ho∣linsh. Graft. Stow, and o∣thers.
• u 1.75

  In praefenti ••ello, Domi∣nus Rex exti∣tit vulneatus & morti paene vicinus, jaculo in eum ex im∣proviso de∣jecto, Mat. Par. Ibid.
• x 1.76

  See the Re∣monstrance of both Houses Nov. 2. 1642.
• * 1.77

  Littleton sect. 378. Cook. Iust. Ib f. 233. l. 5. E. 4. 26. 27. 11. E. 4. 1. b. 15. E. 4. 3. 6. Plowden p. 379. 380. 43. E. 3. c. 4 4. H. 7. c. 6. 7. Cooke l. 9 f 50. 95. 96. 99.
• * 1.78

  Isa. 78. 70. 71. 72.
• * 1.79

  See Charta de Forresta. Rastals Abridg∣ment, Title Forrests. 3. Iac. c. c. 13. Pe∣trus Biese•• ••is de Instit. Epis∣copi Bibl. Pa∣trum Tom 12. pars 2. p 944. Illud ni••ilo. minnis ••bsur∣dum, &c.
• * 1.80

  Gen. 1. 28. 29. 30. c. 9 2. Psa. 8. 4. ••0. 9.
• * 1.81

  Psal. 105. 14. 15. 1. Chr. 16. 20. 21. See the Vindica∣tion and Re∣vindication of this Text.
• * 1.82

  Rev. 1. 6. c. ••. 10. c. 20. 6.
• * 1.83

  Psal. 7 ••. 14. Ps. 116. 15.
• * 1.84

  Gen. 9. 6. Mat. 26. 5••.
• * 1.85

  〈…〉〈…〉
• * 1.86

  〈…〉〈…〉
• * 1.87

  Zonaras Annal. To••••. 3. f. 15. Mun∣sieri Cosmog. l. 4. c. 59. p. 1 104.
• * 1.88

  Mat. West. An. 946. p. 946. Malmes•• Huntirg. ••ab. Graft. Holins. Speed, and o∣thers in his life.
• * 1.89

  Hoved. An. pars posterior. p. 791. Mat. Paris, Mat. Westm. Polyc. Fab. Walfirg. Holinsh. Graf. Speed, Daniel in the life of Rich. 2.
• y 1.90

  See Bishop Bilson, of Christiā sub∣jection, &c. part. 3. P. 411. to 422. and the Authors there cited.
• z 1.91

  Speed hist. l. 6. c. 54. l. 7. ••. 1. 4. Camb. Brit. p. 107. 108. &c. c. See Holinsh. Poly, G••••f.
• a 1.92

  Iacobus Val∣defius de Dig∣nitate Regum Regn. Hisp. c. 18. Franciscus Ta∣rap••a de Re∣gibus Hispa∣niae, Michael. Ritius de Re∣gibus. Hisp. l. 2. Manst. Cosm. l. 2 c 20.
• b 1.93

  See Bishop Bilsons true difference, &c. p. 3. 411. to 416, and the Appendix here p 8. 9.
• c 1.94

  Aventinus Amid. 3. The generall hist. of France in his life. See the Appendix.
• d 1.95

  See Grim∣stons Imperi∣all history in their lives, & and the Ap∣pendix.
• * 1.96

  The Gene∣rall History of Spaine p▪ 455.
• * 1.97

  Graft. part. 7 p 85. Bu¦chanon Re∣mou 〈◊〉〈◊〉 l. 4. p ••. 21.
• e 1.98

  Theatre of Honour l. 2. c. 43. p. 183.
• f 1.99

  See Pare∣neere the end.
• g 1.100

  See Summa•• Rosella Tit. Bel••um.
• h 1.101

  Fitz Nat. Brevium f. 80. 81.
• i 1.102

  Common weale l 2. c. 5. 220. ••21.
• * 1.103

  See Knols Turkish Hist. in his life.
• * 1.104

  Speede Hist. p. 1193. 1194 The History of the Nether∣lands, and the Swedish In∣telligencer.
• * 1.105

  Mat. Par. Mat. West. Hoved. Speed, Holish. Fab. Graft. Daniel in his life.
• * 1.106

  See Knols Turkish Hist. of the calling in the Turke into Graecia and Cambd••n & Speed of the Brittaines calling in the Saxons which proved their ruin and con∣quest.
• h 1.107

  See Matth. Westm. Hun∣tirgdon, Gal∣fridus Monu∣metensis, Flo∣rentius Wi∣gorniensis, Po∣lychronicon, Fabian, Cax∣ton, Grafton, Holinshed, Speed, and o∣thers, in their severall lives.
• i 1.108

  Matth. Pari•• Hist. Angl. p. 234 to 240. Holinshed, Grafton, Speed, Fabi•••• and Daniel, p. 140 141. 142. 143.
• * 1.109

  A true Character of a Pope.
• l 1.110

  Pag. 235. 267. 268.
• m 1.111

  Hist. Angl. pag. 270. 271.
• n 1.112

  Pag. 121. 1••2.
• o 1.113

  See part. 1. p. 19. 20.
• p 1.114

  Confirm C••••rtarum. 25. E. 1. ••. 4.
• q 1.115

  Ma••h. Par•••• Hist. p. 371 to 385. Daniel, p. 153. 154. See Holinsh▪ Graft. Speed Matth. West. Anno 1233.
• r 1.116

  Page 966. 967. Daniel. p. 178.
• s 1.117

  Page. 970.
• t 1.118

  An. •• 265 p. 336.
• r 1.119

  Mat. Par. p. 95••. 953. Speed, p 636. Dan. p. 178.
• x 1.120

  W••lsing. Hist. Angl. p. 70 to 75. Ypo∣digma Neustr. An. 1309. 1310 Dan. Holinsh. Graf. Speed, Fab Sto•• and o∣thers in his life: Fox Acts and Monu∣ments, Ed••t. ult vol. 1. p. 480. 481.
• y 1.121

  F. 43. 44:
• z 1.122

  Walsing. Ho∣linsh. Fab. Graf. Stow, Speed, Daniel in his life.
• b 1.123

  Dyer••••. 50. pl. 4. Cooke, l. 6. f. 13. Stam∣ford. f. 2.
• * 1.124

  N••••a.
• c 1.125

  Walsing Hist. Angl p. 213 See Ho∣linsh. Speed. Trisse•• l in Rich. 2 and Cambdens Bri∣tania, of the British Is. lands, p. 2••4.
• c 1.126

  Walsin. hist. Angl p 341.
• e 1.127

  Walsing. Hist. Ang. p. 358, to 367. Polyc. Fab. Speed, Graft. Holin. Howes, Trussel. in 10. & 11 R. 2. 11. R. 2. c. 1. to 7.
• * 1.128

  Nota.
• f 1.129

  See Wal∣singh. Holensh. Graft. Speed, Stow, Trvsselt. in 21. R 2. & 21 R c. 16: 17 18. 19. But especially ca. 20. will ma∣nifest the un∣justnesse of this unlawful packed con∣venticle if I may so call it.
• * 1.130

  See Alba∣ricus Gentiles de Iure Be••li lib. •• cap. 18. 20, 21. 22. 23
• g 1.131

  G••oston, p. 625. 6••6▪ 627 628. Hall. 32. & 33 H 6. f. 167. 168. Holinshead, Stow Speed, Fabian.
• h 1.132

  Hall, Graft. Fabian, Cax∣ton, Holinshed Stow, speed, Anno 37. 38. & 39. R 6.
• i 1.133

  Graston, p. 847. 848 Hal. 3. R. 3. f. 5••. 56. See Ho∣lished, Stow, Speed, & Ba∣rons Henry 7.
• i 1.134

  Speeds Hist. p. 1192. to 1197 1••36 1237. Gam∣ston Hist. of the Nether∣lands, l. 10. p 611. 612. &c. and Im∣periall Hist. p. 730. to 8••6.
• k 1.135

  See the acts of Pacificati∣on and Ob∣livion in both these Kingdomes.
• l 1.136

  An exact Collection of all Re∣monstrances, &c. p. 319. 331.
• m 1.137

  Albert. Gen∣til. de Iure Belli, li. 1. ca. 13. 14. 15.
• n 1.138

  Gratian cau∣sa 23. qu 1. 2. 3. and the Ca∣nonists in their Glesses on that Text. Summa Ange∣lica & Rosel. Til ••el Anto. Cortes. Reper. in Abatem tit. Beilum; Iacob. Spieleg. & 10. Calvin. Lexi. Iurid. Tit. ••el. Mart Lauden de Beil. Tract. Alber. Gent. de jure belli Petrinus Belli de Re•• milita. & bel••o tract. De Iure belli Belg. Hagae, 1599. Hugo G••ot. de Iure Belli et 〈◊〉〈◊〉.
• a 2.1

  Cl••. 2. de Sent.
• b 2.2

  Bal 3. cons. 458. & S. cons. 405
• c 2.3

  Clar▪ §. H••∣micidium.
• d 2.4

  Bal, ad. d. l. 32. loc. I•• s. Dec. l. ut Vim
• e 2.5

  Ap. Mitr.
• f 2.6

  Phil. de Principe.
• g 2.7

  Clra. §. ho∣micidium.
• h 2.8

  L. 3. de Iust. l. 4 adle. Aq. Ceph. cons. 721
• i 2.9

  Cic. 2. Iuci. 121 fa. 3.
• k 2.10

  c. 3. de se exc. c. 18 de Homicid.
• l 2.11

  Ammia 2••
• m 2.12

  Cic. pro Mi∣lo.
• n 2.13

  Aug 19. con. Fav.
• o 2.14

  Iason. l. 15. l. de in re.
• p 2.15

  Con. rig. pec∣catum. p. 2. §. 9.
• q 2.16

  Bodin. 5. de Rep. 5.
• r 2.17

  Livie l. 8.
• * 2.18

  Costr. l. 1. de Iust.
• s 3.1

  Pater. l. 2.
• t 3.2

  Liu. 21•• 28.
• u 3.3

  Veget. l. 3.
• x 3.4

  Hist. l. 5.
• y 3.5

  D••m. l. ad Arifleg.
• * 3.6

  Dio. l. 45.
• z 3.7

  Terent. 4. Eunu. 6.
• a 3.8

  Philo. de spe. Leg.
• b 3.9

  Pers. Sat. 3. Ovid. 2. de Art. Horat. ad Loll. Ep. 1.
• c 3.10

  C. lib. 2. Tit. 41. l ul. l. Tit. 27. l. 1. & C. T. de Sica. l. 1.
• d 3.11

  Bald. 4. cons. 111 Ias. l. 3. de Iust.
• e 3.12

  Bal. 1. Cons. 369. 4. 312. Alex. 2. 144, Cla. §. Homici∣dium, Zas. l. ut vim.
• f 3.13

  Dec. Cons. 603.
• g 3.14

  p. l. 5. 6. quod met. can.
• g 3.15

  De dame•• iinf. l. 27. loc.
• i 3.16

  Gell. l. 7. c. 3.
• k 3.17

  Cic. pro tu. Quict••. 5. c. 13
• l 3.18

  Thucid. l. 3.
• m 3.19

  Zonarus.
• n 3.20

  Pausanias, 〈…〉〈…〉.
• o 3.21

  Hero lib. 7.
• p 3.22

  Xenop. 5. Graec.
• q 3.23

  Liv. lib. 7.
• r 3.24

  Thuc. lib. 6.
• s 3.25

  Salu. frag.
• t 3.26

  Dion lib. ••
• u 3.27

  Bod. 5. de rep. ult.
• x 3.28

  P Sy••••
• y 3.29

  Iou. lib. 1.
• z 3.30

  Ari. 5. pol.
• a 3.31

  Hier. Epi. 2.
• b 3.32

  Bal. 2. cons. 2. 6. 6.
• c 3.33

  Dion l. 6.
• * 3.34

  Ovid. 5. Fast. Posse no∣cere sat eft; Quodque po∣testalios per∣de••e, perde prior.
• d 3.35

  Plut. Pomp.
• e 3.36

  Bal. 2. cons. 195. 202.
• f 3.37

  Ap••l. de ••und.
• g 3.38

  Polit. 4. Ep. 1 Guic. lib. 1.
• i 3.39

  Ans. E••log.
• h 3.40

  Polyb. lib. 2.
• i 3.41

  Li••. l. 42.
• k 3.42

  Gellius l. 7. ••. 3.
• l 3.43

  Dion. l. 38.
• * 3.44

  L. 225. d. •• 8.
• n 3.45

  Iou. l. 34.
• a 4.1

  L•• 3. de ju•• & ju.
• b 4.2

  Cic. 3. de fi.
• c 4.3

  Plut. de Vi. Alex••
• d 4.4

  Niceph. g••. li. 4.
• e 4.5

  S••n. ep. 96.
• e 4.6

  Sen. ep. 96.
• f 4.7

  Gel. lib 6.
• g 4.8

  Hor. ad I••••. ep. 1.
• h 4.9

  Sen•• ult▪ ben.
• i 4.10

  Lact. de ira. Dei. c. 10.
• k 4.11

  Phi. Iose
• l 4.12

  c▪ Apol M ••ct.
• m 4.13

  Aris••. de mu••.
• n 4.14

  Cic. 3. de offic Lael.
• o 4.15

  Aug 19. de civ.
• p 4.16

  Ambr••••. de off. 3
• q 4.17

  Bal •• de pri∣do.
• r 4.18

  Lact. 6 instir. 6
• s 4.19

  Ci. c. 7. A••t. 2.
• t 4.20

  Arist. 1. pol. & Psal. 107. 122.
• u 4.21

  Gal. 6. &1. petr. 4.
• x 4.22

  Hier. Ep. 14
• y 4.23

  Claud. 4. cons. He.
• z 4.24

  Rom. cons. 4••0.
• a 4.25

  Dec. cons. 469 not l. 3. l. 5. de just.
• b 4.26

  Plat. 9. de leg.
• c 4.27

  Bal. 2. cons. 195.
• d 4.28

  Sen. 1. 2. de Ira.
• e 4.29

  Xiphil.
• f 4.30

  Cic. 7. fa. 12.
• g 4.31

  Procop. 2. pers.
• h 4.32

  Cicer. pro Quin.
• i 4.33

  Iust. Ge. an. ••.
• k 4.34

  L. 6. de Ex
• l 4.35

  Lib. 21. de he. vel. ac. ve.
• m 4.36

  Castr. l. 2. de just. Al. 7. 17. 27 Clar. f. q 87. & Ho∣micidium: De cons. 678.
• n 4.37

  Lib. 6. de app. Ias. l 3. de iu. Dec. cons. 691. Ceph. 712 ••uia. 20. obs. 20.
• o 4.38

  L. 39. dene. ge. 1. segq.
• p 4.39

  L 5. quis. ma ad li per. Pla. 9. de leg.
• q 4.40

  Ias. d. l. 3. Eug. cons. 86.
• r 4.41

  Bal. l. ul. c. de ju. deimp.
• s 4.42

  Alc. l. cons. 27. Mol. ad Dec. l. 3. de reg.
• t 4.43

  Bal. 4. cons. 111. l. 1. ••. de ser. fug.
• u 4.44

  Eccle. 4.
• x 4.45

  Bal. l. 1. de of. pr. vi.
• y 4.46

  Nic. Cal. 7. his. 19.
• z 4.47

  Cic. 2. deoff.
• a 4.48

  Bal l. 10. 10. c. de op. le.
• b 4.49

  Guic. lib. 2.
• d 4.50

  Anbr. 1 de off. 27. c. 5. 23. q. 3.
• e 4.51

  D••on ••ol. de legis.
• f 4.52

  l. 5. qui ex ca. in po. ea.
• g 4.53

  Amb. de off.
• h 4.54

  Liv. 31. 34.
• i 4.55

  ••. de Repub. ult.
• k 4.56

  Plut. Apoph.
• l 4.57

  Iov. l. 23.
• m 4.58

  Oros. l. 5. c. 2.
• n 4.59

  Procop. 1•• Pers. & Call. l. 17. c. 57.
• o 4.60

  Alc. l. 38. §. Sacra. de V. O.
• p 4.61

  Cic. pro Planc.
• x 4.62

  Decia. Cons. 651.
• y 4.63

  Levit. 14.
• z 4.64

  L. 29. ubi gl•• de l. Aq:
• a 4.65

  Ibo. l. 1.
• b 4.66

  Eccl. 22.
• c 4.67

  C. 6 de se. exe 6. Evg con 9••
• a 5.1

  Lib. 1. de Offi. 13.
• b 5.2

  E••ri. Hip.
• c 5.3

  Thuc. l. 1••
• d 5.4

  4. de Benes.
• e 5.5

  Ceph. 612••
• f 5.6

  Cou. R••g••. Pocca. par. p. 9. Bod. l. 2. de Rep. c. 5. & l. 5. cult. Cic. 3. de Off.
• g 5.7

  Bal. lib. 4. c. de iust. & subst.
• h 5.8

  Sen. ult. de Benef.
• i 5.9

  E••h. 5. 9 Caesar. 〈◊〉〈◊〉 de si c. 4.
• k 5.10

  Pl••. Pyrth.
• l 5.11

  Cr••u. cons 224. Ceph. 57 Bal l▪ 1, de ser. fug.
• m 5.12

  Alex 7. cons. 2. c••ph. 721.
• n 5.13

  las. l. 16 de Iurisd. Cic. pro Com. Ceph 750.
• o 5.14

  L. 47. de re iul ••8. C. de 〈◊〉〈◊〉.
• p 5.15

  Leo••nou. 103
• q 5.16

  L. 5. Bal l. 4. C. de ser. Cor.
• r 5.17

  Plut. qu•• nutr. li. Hi••••o. cp. 9.
• s 5.18

  Alex l. ••0, Sol. mu.
• t 5.19

  Cels. l. 5. de iust.
• u 5.20

  Cels. 3. c. 9 Hypp. de loc. in hom.
• x 5.21

  Cic. prosy
• y 5.22

  l. 3. de ho. 〈◊〉〈◊〉. ex.
• z 5.23

  L. 54. de Leg.
• a 5.24

  Nat. 〈◊〉〈◊〉 Alex cons. 197.
• a 5.25

  Nat. 〈◊〉〈◊〉 Alex cons. 197.
• b 5.26

  Bal l. 9. C. de P. 1. in ••. 7.
• c 5.27

  Heb. Apoph. 1. c. 3.
• d 5.28

  Hes. 1. op. op.
• e 5.29

  Faer. 1. c. 7
• f 5.30

  Alc. Emb. 164. Plut. Euth.
• g 5.31

  Plu. Apoph.
• h 5.32

  L. 33. de con. em.
• i 5.33

  Com. Pii. 2. li. 19.
• k 5.34

  26. de da. inf. Alex. 2. 174.
• l 5.35

  L. 1. de aq. pl. L. 8. si. se. ui. Bal. 4. cons. 396.
• m 5.36

  Arist. 3 •• pol.
• n 5.37

  Bal. 5. Cons. 409.
• o 5.38

  Bal. q. Cons. 396.
• p 5.39

  Lyp.